HomeMy WebLinkAboutParks Department Neighborhood Improvement Program -2006 05 31
GRANT AGREEMENT
NEIGHBORHOOD IMPROVEMENT PROGRAM
CITY OF WINTER SPRINGS
THIS GRANT AGREEMENT is made the last date signed below, by and
between the City of Winter Springs, a Florida municipal corporation, and
the _fArKS ~~Neighborhood Improvement Association, which is
made up of the following individuals:
Name: Pr\~ G~e.
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each of whom are residents of the City of Winter Springs (collectively, the
"Grantee").
RECIT ALS:
WHEREAS, the Grantor has implemented a Neighborhood
Improvement Program ("NIP"), the primary purposes of which is to
improve the aesthetics and economic order of the community, thereby
promoting the public interest, by making matching grants to interested
groups who desire to enhance the landscaping located upon public
property within the community in which Grantees reside; and
WHEREAS, grants provided by the Grantor shall be on a dollar for
dollar matching basis, matching the investment made by the Grantee
and in accordance with the NIP; and
WHEREAS, Grantee has submitted an application under the NIP
which the Grantor believes meets the criteria and purposes as outlined by
the NIP.
NIP Grant Ag Ver. 2 12/05
Page 11 of 16
NOW THEREFORE, in consideration, the mutual covenants and
provisions hereof, and other good, diverse, and valuable considerations,
the receipt and sufficiency all of which is hereby acknowledged, the
parties desiring to be legally bound do hereby agree as follows:
1. Recitals. Each and all of the foregoing recitals are hereby
incorporated herein and declared to be true and correct.
2. Grantee ReDresentative. The Grantee shall appoint a representative who
shall be responsible for managing this Grant Agreement and shall have
the authority to act on behalf of the Grantee.
3. Grant Awarded.
(a) The Grantee is hereby awarded a grant pursuant to the NIP. All
regulations of the NIP shall be adhered to by the Grantee. The amount of
the grant is ~~A,rJ1..f.'\I't.~,ej~'1'F,'II~ & NO/100 Dollars
($ J, 5<<&5' .00), and is subject to appropriate by the City Commission.
Under no circumstances shall the amount of money granted for qualifying
neighborhood improvements under the NIP to the Grantee exceed the
amount set forth herein. Grant funds shall only be paid by the Grantor for
qualifying and approved neighborhood improvements described on
Exhibit" B" .
(b) The Grant is awarded on a reimbursement basis. Funds subject to
this Grant shall be paid to the Grantee by the Grantor only upon
substantial completion of all work. "Substantial Completion" of all work,
as that term is utilized in this Agreement, shall be the sole determination of
the City Manager, or authorized designee.
(c) To be reimbursed, the Grantee shall provide to the City of Winter
Springs, Beautification Division with paid receipts from suppliers,
materialmen, contractors, and sub-contractors. The paid receipts are
subject to Grantor review and approval for application to this grant. In no
event shall more than fifty percent (50%) of the total project cost be
reimbursed to the Grantee.
(d) All work subject to this Grant Agreement must be completed by
August 31,2006, 3:00pm.
(e) Authorized work may not be performed by a Grantee and applied
to this Grant, unless same was approved prior to the date of this
Agreement by the Grantor.
NIP Grant Ag Ver. 2 12/05
Page 12 of 1 7
(f) Reimbursement shall be denied for any instance in which the terms
of this Agreement have been violated.
4 Warranty of Grantee: Maintenance. Grantee covenants and warrants
that all improvements approved for matching funds under this Grant
Agreement shall be maintained and preserved for a minimum of one (1)
year. Such maintenance shall include, but is not limited to, trimming,
watering, and fertilization. Failure to maintain these improvements shall
constitute a default under the terms of this Grant Agreement, and may
eliminate the individual Grantee's from participating in future grant
programs
5. Grantee is an Indeoendent Contractor. It is specifically understood
and agreed to by and between the parties hereto that in utilizing the
funds hereunder, that this grant award, and relationship between the
Grantor and the Grantee is one in which the Grantee is an independent
contractor of the Grantor and not an agent, employee, joint venturer, or
other partner of the Grantor. Nothing contained herein shall be construed
to be inconsistent with this relationship or status. Nothing in this Grant
Agreement shall be interpreted or construed to constitute the Grantee, or
any of its agents, volunteers or participants to be the agent, employee,
partner, or representative of the City of Winter Springs, Florida.
6. Aoolicable Law/Notice.
(a) This grant award and the attachments hereto shall be governed by
the law of the State of Florida. Venue shall only be properly placed in
Seminole County, Florida for state court actions and Orlando, Florida
for federal actions.
(b) All notices, demands, requests, instructions, approvals, and claims
shall be in writing. All notice of any type hereunder shall be given by U.S.
mail or by hand delivery to an individual authorized to receive mail for the
below listed individuals, all to the following individuals at the following
locations:
NIP Grant Ag Ver. 2 12/05
Page 13 of 16
TO THE CITY OF WINTER SPRINGS:
Aftn: Steven T. Richart, U.B.S.D.M.
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
p~s ~ , Neighborhood
Improvement Association
By: A1AfJ ~~ I c.:+ct o.F-~~~Spr.~S'
As Authorized Representative
r l,t, t. SIL\.(1'(
~,'"WSfJrI''''\S , Florida ') Z.7o~
TO THE GRANTEE:
Notice shall be deemed to have been given and received on the date
the notice is physically received if given by hand delivery or first class U.S.
mail, postage prepaid, as addressed above. Notice shall be deemed to
have been given and received on the date the notice is mailed, if given
by certified mail, return receipt requested, postage prepaid, as addressed
above. Any party hereto by giving notice in the manner set forth herein
may unilaterally change the name of the person to whom notice is to be
given or the address at which notice is to be received.
7. Amendment of Grant Aareement. Modifications or changes in this
Grant Agreement must be in writing and executed by the parties bound
to this Grant Agreement.
8. Severability. Invalidation of anyone word, clause, sentence, or
paragraph, or the application thereof in specific circumstances, by
judgment, court order, or administrative hearing or order shall not affect
any other words, clauses, sentences, or paragraphs, all of which shall
remain in full force and effect.
9. Entire Grant Aareement. This Grant Agreement represents the entire and
integrated Agreement between the parties and supersedes all prior
negotiations, representations, or Agreement, either oral or written, and all
such matters shall be deemed merged into this Grant Agreement.
10. Sovereian Immunity. Nothing contained in the Agreement shall be
construed as a waiver of the Grantor's right to sovereign immunity under
Section 768.28, Florida Statutes, or other limitations imposed regarding the
Grantors potential liability under state of federal law.
NIP Grant Ag Ver. 2 12/05
Page 14 of 16
11. Headlnas. The headings used in this Agreement are for reference only
and shall not be relied upon nor used in the interpretations of this
Agreement.
[Left blank Intentionally, signatures on next page.]
NIP Grant Ag Ver. 2 12/05
Page 15 of 16
IN WITNESS WHEREOF, Grantors and Grantee have set forth their signatures
on the day and year written below.
Beautification f Winter Springs
Advis Bo d Member
GRANTEE:
f ~ ry--) O-eP1-' .
V 1'" Neighborhood
Improvement Association
Witnesses:
By:
Its: Authorized Re
Date: S:.. rJ3
, 200<P
AHest:
~~
~~ r:;,~
Deputy City Clerk
GRANTOR:
CITY OF WINTER SPRINGS, FLORIDA,
l:~Rona,:i /;1;ILre. City
Manager
Date:
t:j3J
, 200 ~
NIP Grant Ag Ver. 2 12/05
Page 16 of 16