HomeMy WebLinkAboutFlorida Department of Environmental Protection FRDAP Notice of Limitation of Use/Site Dedication 2000~,- -- ~- -
` MARYAN~dE MORSE
1r CLERR Or ~'E~';t~°;! ; COlJRT
SEMINOLE COUNTY. Fl.
RECORDED 4°= `~FEIIFIF-~
FLOI~D~A~TMENT OF EN~~VI~1T~.lRI~TECTION
STANDARD LANGUAGE FOR PROPERTY RECORDS
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Notice of Limitation of Use/Site Dedication
The Property identified in the attached project agreement and boundary map has been acquired
or developed by the project sponsor with financial assistance provided by the Florida Department
of Environmental Protection (DEP) in accordance with Program statutes. Pursuant to
'" requirements of that rule, land already owned and then developed or land acquired by the project
sponsor with grant assistance shall be dedicated in perpetuity as an outdoor recreation area for
the use and benefit of the general public. Leased land developed by the project sponsor with
program assistance shall be dedicated as an outdoor recreation azea for the general public for a
minimum of twenty-five (25) yeazs after completion of development. If the project sponsor
should convert any apart ;,f the project area or the facilities thereon, whether acquired or
developed with grant assistance, to other than DEP approved recreational uses, the project
sponsor shall replace the azea and facilities at its own expense with a DEP approved project of
comparable or greater scoped and quality. In lieu of such replacement, DEP may require return
of grant funds disbursed to the project sponsor. Grant funds shall be refunded with interest,
calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve.
I certify that copies of the Notice of Limitation of Use/Site Dedication form, project
agreement and project boundary map have been filed in the County Courthouse with the deed to
the property on which the following grant project is located:
Trotwood Pazk
FRDAP Project N d Number
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Signature of Liaison Agent
THIS INSTRUMENT PREPARED BY
NAME ~ovu~,~' G~/ '~'~;~`'-
TYPED NAME Ronald W. McLemore
ADDRESS 1126 E. S.R. 434
WINTER SPRINGS. FL. 32708
Chuck Pula, Parks and Recreation Director
Typed Name and Title
1126 E. S.R. 434 Winter Shrines. Fl. 32708
Address ,
1~~10 ~oc~ '.
Date ~'
~2.~,c- a, '~,
ANDREA LORENZO-L C(iS
MY COMMISSION N CC !~~/~)
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OFF;OI,w'., REC~RCS
n^"'~, PAGE
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SEM1PlOLE CO.,FL
F1250
(DEP Contract Number)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this ~~~~ day of
G ~~z ~ e ~' , 200 v, by and between the State of Florida, DEPARTMENT
of Environmental Protection, hereinafter called the DEPARTMENT, City
of Winter Springs, hereinafter called the GRANTEE, in furtherance of
an approved public outdoor recreation project. In consideration of
the mutual covenants contained herein and pursuant to ss. 375.021 and
375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida
Administrative Code, the parties hereto agree as follows:
1. This Agreement shall be performed in accordance with ss.
375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V,
Florida Administrative Code, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated
into this Agreement by reference, as if fully set forth herein. It is
the intent of the DEPARTMENT and the GRANTEE that none of the
provisions of Section 163.01, Florida Statutes, shall have application
to this Agreement.
Page 1 of 14
~F~';C1P,L REC~J ~ S
RC.~'°' R GE
~~ a? 16~ 1
2 . Failure to comply with the ~~~iFs~i~'~i~ of the RULE or the
terms and conditions of this Agreement will result in cancellation of
the Agreement by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this Agreement a notice in writing
of the particular violations stating a reasonable time to comply.
Failure to comply within the time period stated in the written notice
shall result in cancellation of the Agreement and may result in the
imposition of the terms in Paragraph 19.
3. The DEPARTMENT has found that public outdoor recreation
is the primary purpose of the project known as Trotwood Park (Florida
Recreation Development Assistance Program, FRDAP Project Number
F01250), hereinafter called the PROJECT, and enters into this
Agreement with the GRANTEE for the development of that real property,
the legal description of which shall be submitted to the DEPARTMENT as
described in the Florida Recreation Development Assistance Program
Development Project Pre-reimbursement/Commencement Documentation Form,
DEP Form FPS-A034.
4. If the DEPARTMENT determines that site control is not
sufficient under the RULE the DEPARTMENT shall give the applicant a
notice in writing and a reasonable time to comply. If the deficiency
cannot be reasonably corrected within the deficiency period or within
the time specified in the letter, whichever is later, the DEPARTMENT
shall cancel this AGREEMENT.
Page 2 of 14
OFF;ri,~,L REr,QRDS
~, ~~~ PAGE
' '957 1662
5 . The GRANTEE shall construct , $gMii~fi~~~~~o be constructed,
certain public outdoor recreation facilities and improvements
consisting of the following PROJECT elements which may be modified by
the DEPARTMENT if GRANTEE shows good cause: Soccer Field, Tot-Lot,
Fishing Pier, Picnic Facilities, Bike Path, renovate Playground,
renovate Baseball Fields, renovate Soccer Fields, renovate Picnic
Pavilions, Parking, Signage, Security Lighting, renovate Parking and
Other Related Support Facilities.
6. Prior to commencement of PROJECT land development, the
GRANTEE shall submit the documentation required by the Florida
Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034,
referenced in S. 62D-D.058(6)(f) of the RULE, to the DEPARTMENT upon
determining that the documentation complies with the RULE, the
DEPARTMENT will give notice to GRANTEE to commence the development.
7. The DEPARTMENT shall pay, on a reimbursement basis, to
the GRANTEE, funds not to exceed $150,000, which will pay the
DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits
are based upon the following:
DEPARTMENT Amount 5150, 000 50$
GRANTEE Match 5150, 000 50~
Type of Match Cash and/or In-Kind Services
The PROJECT reimbursement request shall include all
Page 3 of 14
0~'F,r..i h,l_. REC PAGE
,,,;
~?,,,. ,
• '957 163
documentation required by the DEPARTMENT for ~E~ht'1~~C~O.~~e-audit
and post-audit review. Within sixty (60) days after receipt of the
request, the DEPARTMENT'S Contract Manager shall review the completion
documentation and payment request from the GRANTEE for the PROJECT.
If the documentation is sufficient and meets the requirements of the
Florida Recreation Development Assistance Program Completion
Documentation Form, DEP Form FPS-A037, referenced in s. 62D-
5.058(6)2(8), the DEPARTMENT will approve the request for payment.
8. Prior to commencement of PROJECT construction, the
GRANTEE shall submit for DEPARTMENT approval the documentation
described in the Florida Recreation Development Assistance Program
Development Project Pre-reimbursement/Commencement Documentation Form,
Form FPS-A034, referenced in s. 62D-5.058(7)(c)of the RULE, the
DEPARTMENT will approve the request for payment.
9. The Grantee shall obtain all required local, state and
federal environmental construction permits and approvals prior to
commencement of project construction and shall certify to the
Department by completing the Permitting Certification, FPS-A034,
referenced in s. 62D-5.058(7)(c) of the RULE.
10. The GRANTEE agrees to comply with the Division of
Recreation and Parks' Grant and Contract Accountability
Procedure, hereinafter called the PROCEDURE and incorporated into
Page 4 of 14
p~{';CiAL RECgp u~
r~n;< , AGE
'951 1664
this A reement b reference as if full sets~c ~~~phq''FL ,
g y y erein. All
purchases of goods and services for accomplishment of the PROJECT
shall be secured in accordance with the GRANTEE'S adopted procurement
procedures. Expenses representing the PROJECT costs, including the
required matching contribution, shall be reported to the DEPARTMENT
and summarized on certification forms provided in the PROCEDURE. The
DEPARTMENT and GRANTEE agre~~ to use the PROCEDURE guidelines
accounting for FRDAP funds disbursed under the PROJECT. The parties
further agree that the principles for determining the eligible costs,
supporting documentation and minimum reporting requirements of the
PROCEDURE shall be used.
11. The GRANTEE shall retain all records supporting PROJECT
costs for three (3) years after the fiscal year in which the final
PROJECT payment was released by the DEPARTMENT or until final
resolution of matters resulting from any litigation, claim or audit
that started prior to the expiration of the three-year retention
period. The DEPARTMENT, State Auditor General, State Comptroller and
other agencies or entities with jurisdiction shall have the right to
inspect and audit the GRANTEE'S records for said PROJECT within the
three year retention period.
12. PROJECT funds may be reimbursed for eligible
preagreement expenses (as defined in s. 62D-5.054(29) of the RULE)
incurred by GRANTEE prior to execution of this Agreement as set forth
Page 5 of 14
OFF{CiAt.. RECORDS
~r~n: PAGE
'3951 1665
in s.62D-5.055(9) of the RULE. The DEPARTMEN~E~Q~~RANTEE fully
understand and agree that there shall be no reimbursement of PROJECT
funds by the DEPARTMENT for any expenditure made prior to the
execution of this Agreement with the exception of those expenditures
which meet the requirements of the foregoing sections of the RULE.
13. This Agreement shall become effective upon execution
and the GRANTEE shall complete construction of all PROJECT elements on
or before ~ G'{" ~ '71 ~ ~;(~~ The completion date may be extended by
the DEPARTMENT for good cause at the written request of the GRANTEE
and such request must be made prior to the PROJECT completion date.
14. The DEPARTMENT'S Contract Manager for the purpose of
this Agreement shall be responsible for ensuring performance of its
terms and conditions and shall approve all reimbursement requests
prior to payment. The GRANTEE'S Liaison Agent, as identified in the
PROJECT application, or successor, shall act on behalf of the GRANTEE
relative to the provisions of this Agreement. The GRANTEE'S Liaison
Agent, shall submit to the DEPARTMENT signed PROJECT status reports
every ninety (90) days summarizing the work accomplished, problems
encountered, percentage of completion, and other information which may
be requested by the DEPARTMENT. Photographs to reflect the
construction work accomplished shall be submitted when the DEPARTMENT
requests them.
Page 6 of 14
OFFtC1AL REC PAG1=
F~~~'.
X951 ~ 666
15 . All monies ex ended b the G ' E CO.•FL
p Y R~~~ for the purpose
contained herein shall be subject to pre-audit review and approval by
the Comptroller of Florida in accordance with s. 17.03, Florida
Statutes.
16. Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees and agents.
However, nothing contained herein shall constitute a waiver by either
party of its sovereign immunity or the provisions of s. 768.28,
Florida Statutes.
17. The GRANTEE shall comply with all federal, state and
local rules and regulations in acquiring and developing this PROJECT.
The GRANTEE acknowledges that this requirement includes compliance
with all federal, state and local health and safety rules and
regulations. The GRANTEE further agrees to ensure that the GRANTEE'S
contract will include the requirements of this paragraph in all
subcontracts made to perform this Agreement.
18. The DEPARTMENT has the right to inspect the PROJECT and
any and all records related thereto at any reasonable time.
19. This Agreement may be unilaterally canceled by the
DEPARTMENT in the event the GRANTEE refuses to allow public access to
all documents, papers, letters or other materials made or received in
conjunction with this Agreement pursuant to the provisions of Chapter
119, Florida Statutes.
Page 7 of 14
OFF;CIAt. RECORDS
. RO~f PAGE
. ' '3951 1661
20. Following receipt of an audit re{,~6~G4't~fying
any reimbursement due the DEPARTMENT for the GRANTEE'S non-compliance
with this Agreement, the GRANTEE will be allowed a maximum of thirty
(30) days to submit additional pertinent documentation to offset the
amount identified as being due the DEPARTMENT. The DEPARTMENT,
following a review of the documentation submitted by the GRANTEE, will
inform the GRANTEE of any reimbursement due the DEPARTMENT.
21. The DEPARTMENT shall also have the right to demand a
refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for non-compliance with the material terms of this Agreement.
The GRANTEE, upon such written notification .from the DEPARTMENT,
shall refund, and shall forthwith pay to the DEPARTMENT, the amount of
money demanded by the DEPARTMENT. Such refund shall include interest
calculated at two (2) percent over the prevailing prime rate as
reported by the Federal Reserve on the date the DEPARTMENT calculates
the amount of refund due. Interest shall be calculated from the
date(s) of payment(s) to the GRANTEE by the DEPARTMENT to the date
repayment is made by GRANTEE.
22. The State of Florida's performance and obligation to pay
under this Agreement is contingent upon an annual appropriation by the
Florida Legislature.
23. Allowable indirect costs shall not exceed 15~ of the
GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15~
Page 8 of 14
OFFf>;IAE. RECGRDS
RQ>°.; °AGE
X957 1668
must be approved in advance by the DEPARTMENT t~~~~c~QrsF~'dered
eligible PROJECT expenses.
24. If asphalt paving is required for the PROJECT it shall
conform to the Florida Department of Transportation's specifications
for road and bridge construction. Bid specifications, contracts
and/or purchase orders of the GRANTEE must specify thickness of
asphalt and square yards to be paved.
25. Prior to final reimbursement, the GRANTEE must erect a
permanent information sign on the PROJECT site which credits PROJECT
funding or a portion thereof, from the Florida Department of
Environmental Protection and the Florida Recreation Development
Assistance Program.
26. Land owned by the GRANTEE, which is developed or
acquired with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site by the GRANTEE for the use and benefit of the
public as stated in Administrative Rule 62D-5.059(2). The dedication
must be recorded in the public property records by the GRANTEE. Land
under control other than by ownership of the GRANTEE such as by lease,
shall be dedicated as an outdoor recreation area for the use and
benefit of the general public for a minimum period of twenty-five (25)
years from the completion date set forth in the PROJECT completion
certificate. The dedications must be recorded in the public property
records by the GRANTEE. Such PROJECT shall be open at reasonable times
Page 9 of 14
OFF~CIAI. RECORDS
Rn~~w ?AGE
3957 169
' and shall be managed in a safe and attractive ~(N~~'CO<~'opriate for
public use.
27. The employment of unauthorized aliens by any GRANTEE is
considered a violation of s. 274A(e) of the Immigration and
Nationality Act. If the GRANTEE knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of
this Agreement. The GRANTEE shall be responsible for including this
provision in all subcontracts with private organizations made to
perform this Agreement.
28. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or ability level, shall be excluded
from participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this
Agreement.
29. This Agreement strictly prohibits the expenditure of
FRDAP funds for the purpose of lobbying the Florida Legislature, the
judicial branch, or a state agency.
30. Any local governmental entity, nonprofit organization,
or for-profit organization that is awarded funds from a grants and
aids appropriation by a state agency shall:
(a) If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General
promulgated pursuant to s. 11.45, Florida Statutes; or
Page 10 of 14
3957 1670
. SfMiNOLE CO..FL
(b) If the amounts received exceed $25,000, but do not exceed
$100,000, have an audit performed in accordance with the rules of the
Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or
have a statement prepared by an independent certified public
accountant which attests that the receiving entity or organization has
complied with the provisions of this Agreement; or
(c) If the amounts received do not exceed $25,000, have the head
of the entity or organization attest, under penalties of perjury, that
the entity or organization has complied with the provisions of this
Agreement.
31. Pursuant to s. 215.422, Florida Statutes, the
DEPARTMENT's Project Manager shall have five (5) working days, unless
otherwise specified herein, to inspect and approve the payment
requests for payment. The DEPARTMENT must submit a request for
payment to the Florida DEPARTMENT of Banking and Finance within twenty
(20) days; and the DEPARTMENT of Banking and Finance has fifteen (15)
days to issue a warrant. Days are calculated from the date the
invoice is received or the date the services are received, inspected,
and approved, whichever is later. Invoice payment requirements do not
start until a complete and correct invoice has been received.
Invoices which have to be returned to the GRANTEE for correction(s)
will result in a delay in the payment. A Vendor Ombudsman has been
established within the Florida DEPARTMENT of Banking and Finance who
Page 11 of 14
OF~'~Clln~. RECORDS
Rn~ PAGE
' 3951 1611
' may be contacted if a contractor is exp~iftd~~~'F~yroblems in obtaining
timely payment(s) from a State of Florida agency. The Vendor
Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792.
32. In accordance with s. 215.422, Florida Statutes, the
DEPARTMENT shall pay the GRANTEE interest at a rate as established by
s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in
payment of an invoice is not issued within 40 days after receipt of a
correct invoice and receipt, inspection, and approval of the goods and
services. Interest payments of less than $1 will not be enforced
unless the GRANTEE requests payment. The interest rate established
pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum
No. 11 (1998-99) dated December 2, 1999, has been set at 10.0% per
annum or .02740% per day. The revised interest rate for each calendar
year beyond 1999 for which the term of this Agreement is in effect can
be obtained by calling the DEPARTMENT of Banking and Finance, Vendor
Ombudsman at the telephone number provided above or the DEPARTMENT's
Contracts Section at 850/922-5942.
33. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime
may not perform work as a grantee, contractor, supplier,
subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, or Category
Page 12 of 14
~•
OFF~CiAI. RECORDS
P,~„ " PAGE
' 3957 1612
' Two, for a period of 36 months from the &Lb£O~ng placed on the
convicted vendor list.
34. In addition, a copy of the audit or attestation as
required in paragraph 27, shall be submitted to the DEPARTMENT within
one (1) year from the PROJECT completion date as set forth in the
PROJECT completion certificate.
35. This Agreement is not intended nor shall it be construed
as granting any rights, privileges or interest in any third party
without mutual written agreement of the parties hereto.
36. It is understood by the parties that the amount of this
Agreement may be reduced should the Governor's Budget Office declare a
revenue shortfall and assess a mandatory reserve. Should a shortfall
be declared, the amount of this Agreement may be reduced by the same
percentage as the DEPARTMENT is assessed for the mandatory reserve.
37. This Agreement represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or
waivers of provisions of this Agreement shall only be valid when they
have been reduced to writing, duly executed by each of the parties
hereto, and attached to the original of this Agreement.
F'AGF
OFFICIAL RECGROS
.. g'' ~ ~ PAGE
' '3957 16?3
IN WITNESS WHEREOF, the parties heret~E~~~~E~~.~ed these
presents to be duly executed on the day and year first above written.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
BY : LL ~ ~~ //'.~
Divis2'on Director (or Desi nee)
Division of Pecreation and Parks
CITY OF WINTER SPRINGS
By:
Title : Mayor
Address: Address:
Bureau of Design and Recreation Services 1126 East State Road 434
Division of Recreation and Parks Winter Springs, FL 32708
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
sEP Contract Manager
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
April 20, 2000, for use for one year.
FPS-A046
Revised 05/99
Grantee Attorney
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