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HomeMy WebLinkAboutHighlands Association Neighborhood Improvement Program -2009 05 21I 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 Highlands Neighborhood Improvement Association, which is made up of the following individuals: Name: -Janet Megow Address: 100-17 Moree Loop Name: -Jim Alger Address: 912 Galloway Terrace Name: Vicki Hamilton Address: 50-29 Moree Loop Name: -Bob Henderson Address: 635 White Iris Court Name: -Terry Matheny Address: 629-60 Sheoah Blvd. Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: each of whom are residents of the City of Winter Springs (collectively, the "Grantee"). RECITALS: 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 or exceeding 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. 4 01/08 Page 11 of 17 J 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: Recitals. Each and all of the foregoing recitals are hereby incorporated herein and declared to be true and correct. 2. Grantee Representative. 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 Three Thousand and Five Hundred & NO/100 Dollars ($3,500 .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 September 1, 2009. (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. 4 01/08 Page 12 of 17 (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 Independent 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. Applicable 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. 4 01 /08 Page 13 of 17 TO THE CITY OF WINTER SPRINGS: Attn: Urban Beautification Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 TO THE GRANTEE: Highlands Neighborhood Improvement Association By: A horized Repres tative iv< '" cJ i? , Florida-=?" ?-o 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 Agreement. 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 any one 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 Agreement. 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. Sovereign 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. 4 01/08 Page 14 of 17 11. Headinas. 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. 4 01/08 Page 15 of 17 IN WITNESS WHEREOF, Grantors and Grantee have set forth their signatures on the day and year written below. Witnesses: GRANTEE: ) ? j t Highlands Neighborhood Beau ' ' ati n ter Springs Improvement Association Advisory B Member By: It . thorized Repre ntative Ur an e tification Manager 00 Date: / -'2 Attest: GRANTOR: CITY OF WINTER SPRIN FLORIDA, By: City Cler ffice Kevin L. ?niith , City Manager Date: //0? 20 ' NIP Grant Ag Ver. 4 01/08 Page 16 of 17 Memo To: City Clerk's Office From: Steven T. Richart, Urban Beautification Manager CC: Kevin Smith, City Manager Date: 5/18/2009 Re: 2009 NIP Grant Agreements - Please sign Dear City Clerks: Please find three (3) originals of the following Neighborhood Improvement Grant Agreements that require signature of the City Manager for execution. The grants were approved by the BOWS Board at a special meeting on May 12, 2009. We have a total of $15,000 available this budget year in the 1525 - Grants and Aids Line Code. Parkstone HOA - NIP $3,026 South Edgemon -NIP $2,100 Highlands HOA -NIP $3,500 Someone from the Clerk's Office will need to attest each of the three (3) originals for all agreements. Once they have been fully executed, please return two (2) originals from each agreement to me and one (1) original should remain witUhe City Clerk's Office. Thank ?Wery kindly, Richart