HomeMy WebLinkAbout2001 04 23 Regular E Awarding Beautification Grants
April 23, 200 I
Regular Agenda Item "E "
Page I of I
COMMISSION AGENDA
ITEM E
Consent
Informational
Public Hearing
Re2ular X
April 23, 2001
Meeting
I~' /'
Mgr. ~VV / Deot.
Authorization
REQUEST: City Manager requesting the Commission to approve the form of agreement to
be utilized by the city in awarding beautification grants.
PURPOSE: The purpose of this agenda item is for the Commission to approve the form of
agreement that the city will utilize in awarding beautification grants to eligible applicants on
State Road 434.
CONSIDERATIONS:
The Commission approved $10,000 in the FYOl budget for landscape improvement challenge
grants for businesses located along State Road 434.
The BOWS (Beautification of Winter Springs) Board is preparing for their first round of grants.
The City Manager and City Attorney has been working with the BOWS Board to develop
procedures and agreements necessary for administration of grants.
FUNDING: No additional funding requested.
RECOMMENDATION:
The City Manager is recommending that the Commission review and approve the format of
agreements to be utilized for the awarding of beautification grants.
ATTACHMENTS: Agreement form
COMMISSION ACTION:
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BROWN, WARD, SALZMAN & WEISS, P.A.
ATTORNEYS AT LAW
Usher L. Brown ·
John H. Ward ·
Gary S. Salzmano
Jeffrey S. Weiss
SU7.aJUle D' Agresta
Anthony A, Garganesec
SCUll D. Danahy
Jl\.IlIes G. Vickaryous
Allison Carmine McDonald
Alfred TruesdeU
Arthur R. "Randy" Hrown.. Jr.
Brett A. Marlowe
Jeffrey P. Rusk
Kristine R KUlz
) II North Orange Ave., Suite 875
Post Office Box 2873
Orlando, Fl. 32802-2873
(407) 425-9566
(407) 425-9596 FAX
Website: www.orlandolaw.nct
e-mail:agarganc.~@orlandolaw.net
Cocoa, FL: (866) 425-9566
· Board C~llili"J Civil 'rrillll.llWYc:r
o Hoard <.~rtificd Dusincss Liligation lawyer
" Hoard Certified City. County & local Government (..aw
April 18, 2001
Via Fucsimile Only: 407-327-6686
Mr. Ronald Mclemore, City Manager
City of Winter Springs
1126 East S. R. 434
Winter Springs, FL 32708
Rc: City of Winter Springs Business Beautification/Landscaping
Partnership Grant Agreement
Dear Ron:
I am transmitting a second draft of the City of Winter Springs Business
Beautification/Landscaping Partnership Grant Agreement which incorporates your recommended
changes. Further, because the Agreement was constructed so that the Agreement will only be
executed after a site plan is approved, J deleted several paragraphs which were drafted under the
presumption the Agreement wuuld be executed before the site plan was approved.
The deleted paragraphs were reworded and included in the document reflecting the program
requirements, I have attached a revised document for your review.
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Mr. Ronald McLemore. City Manager
City of Winter Springs
April 18, 2001
Page 2 \
In addition, 1 would add the following to the bottom of the application: "1 hereby consent
to the tenus and conditions and requirements of the Winter Springs Business Beautification
Partnership Program" and include a signature line and a line for the date.
If you have any questions, plea~e do not hesitate to contact me.
nthony A. Garganesc
City Attomey
AAG:kj
Enclosures
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REQUJIREMENT FOR WINTER SPRINGS BUSINESS
BEAUTIFICATION PARTNERSmlP
I. Evcry applicant must submit a completed application which will he reviewed on a fIrst come,
fIrst considered basis.
2. Every applicant must be in good standing with regard to City licensing and up-to-date On
outstanding tees/taxes owed to the City.
3. The applicant must include a site plan and estimated project cost for the improvements to be
considered. The site plan does not need to be professionally "designed, but a professionally
prepared site plan is highly recommended.
4. The applicant must include a plan for maintaining the new landscaping for a minimum of
three (3) years. (I.e., watering and fertilization schedules, lawn maintenance, prunlng, etc.).
5. All designs are subject to review by the Code Enforcement Manager and must conform to
all building and safety codes fur the City of Winter Springs and the State of Florida.
6. When an application has been approved, all work subject to matching funds must be
completed within forty-five (45) days of notification of acceptance.
7. Anyone, other than the property or business owner, completing the work must be licensed
and insured.
8, To be considered for matching funds, aU expenditures must be fully docwnented. Original
receipts for supplies, plants and hired labor must be submitted for I.lnal review and approval
upon completion of the project.
9. Reimbursement of up to $1,000.00 in matching funds will be di:>bursed to approved designs
no more than ninety (90) days after submittal of final documentation.
10. Irrigation may be required for some landscape improvements.
II . The City will review submitted site plans and maintenance plans and issue a notice of
approval, notice of conditional approval, or notice of denial within forty-five (45) di:1Y~ of
receipt of a completed application.
12. The City is not obligated to approve any application submitted under this program. Fwther,
the City does not offer any implied or express guarantee that an appl ication will be approved.
13. An applicant shall be deemed to have consented to all the temlS and conditions and
requirements of this program upon submittal of an application to the City.
14. A successful applicant shall be required to execute a City of Winter Springs Business
Beautification/Landscaping Partnership Grant Agreement as a condition of receiving any
grant under this program.
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CITY OF WINTER SPRINGS
BUSINESS BEAUTIFICA TION/LANDSCAPI.NG
PARTNERSHIP GRANT AGREEMENT
Between
City of Winter Springs
And
For
CONSTRUCTION AND MAINTENANCE OF STRF~ET FRONT AGE
LANDSCAPE IMPROVEMENTS
This is a grant agreement made and entered into by and between the City ofWi.nter Springs
(hereinafter referred ~o as City) and __..... , its successors and assigns
(hereinafter referred to as Owner).
WHEREAS~ the Owner owns and/or operates a business with frontage directly on State
Road 434; and
WHEREAS, the City has detemlined the visual appearance along the commercial corridor
of'State Road 434 is need of improvement; and
WHEREAS, the Owner and the City mutu.ally desire to improve the appearance of the
Owner's property fronting and/or abutting directly on State Roacl434.
NOW, THEREFORE, in consideration of the mutual understandings and covenants set
forth herein and other con~iderati()ns, the reccipt and sufficicncy of which is hereby acknowledged,
the parties agree as follows:
1. RRCIT A I.S, The foregoing recitals are true and correct and arc hercby i ncorporatcd herein
by reference as a material part of this Agreement.
2. DEFINITIONS. Unlcss the context in which the word is used clearly indicates otherwise,
the following words shall have the meaning hercaftcr ascribed:
2.1 "Agrecment" shall mcan this agrecmcnt bctwccn the abovc-described parties.
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2.2 "Business Beautification Program" shaH mean a reimbursement grant program,
administered through the City Manager's Office or his designee, and which provides
for matching fund reimbursement up to a value of $1 ,000.00.
2.3 "City" shall mean the City of Winter Springs, a Florida municipal corporation and
its City Commission, officers, employees, contractors, and agents.
2.4 "EHective Date" shall mean the last date to which this Agreement is executed by the
patties.
2.5 "Improvements" shall mean the constructed or instnlJed landscape improvements and
materials approved by the City. A copy of the site plan and related documents
describing the improvements is attached hereto as Exhibit "B", whit.:h shall be
deemed fully incorporated herein hy this reference.
2.6 "Matching Fund Reimbursements" shall be the amOunt reimbursed to Owner by the
City under the tenns and conditions of this Agreement which shall be equal to fifty
percent (50%) of the amount actually paid by Owner for the Improvements.
However, the reimbursement paid by the City shall not exceed One TIlOusand
Dollars ($1,000.00) regardless ofthe amount paid by Owner. Reimbursement shall
also include the reasonable costs incurred by the Owner to have a professional site
plan prepared for purposes of this Agreement.
Whenever used, the singular number shall include the plural or singular and the use of any
gender shall include all appropriate genders. Use of "shall" mcans mandatory.
3. PROPERTY SUBJECT TO AGREEMENT
The real property to be benefitted by this grant and that is subject to this Agreement is
described on Exhibit "A", a copy of which is attached hereto and incorporated herein by
reference.
4. RESPONSIBILITY OF THE OWNER
4.1 Owner covenants that he has obtained and is maintaining any and all lictlnses
required by the City and fl.1rther he is not delinquent in any fees or taxes owed to the
City.
4.2 Owner shall submit along with the site plan, discussed above, a detailed written plan
for the maintenance of the Improvements, to include, but not necessarily limited to,
irrigation, fertilization schedules, lawn and shrubbery maintenance. A copy of said
maintenance plan is attached hereto as Exhibit "e", which is fully incorporated
herein by this reference.
4.3 Owner understands and acknowledges that all Improvement shall conform with all
applicable building and safety codes for the City of Winter Springs and the State of
Florida.
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4.4 Owner shall complete all Tmprovements within forty-tive (45) days of the Effective
Date of this ^&rreement, unless the timc period is otherwise extended by the City
Manager for good cause shown.
4.5 Owner may do Improvements himself Or hire a contractor, howcver, if Owner hires
a contractor to perfonn the site work he agrees to hire only licensed and insured
contractors.
4.6 Owner will keep copies of all receipts, work orders, purchast: orders, contracts,
letters of understanding that evidence the cost associated with the Improvements
contemplated under this Agreement. This documentation shall be submitted to the
City Manager subsequent to completion of the Improvements. Any Matching Fund
Reimbursements wiU be based upon this documentation.
4.7 Upon completion of construction and installation of thc Improvements, the Owner
agrees to maintain the Improvcments in good order, including but not limited to
watering, trimming, fertilizing, mulching, replacement as necessary of damaged or
dead Improvements materials and keeping the area clean and free of trash and debris
for a minimum period of three (3) years from the date of completion of the
Improvements. For purposes of this paragraph, the tenn "good order" shall mean in
a condition equal to or better than the condition ofthe Improvements when initially
constructed or installed.
4.8 Owner shall pull any and all permits necessary for the Improvements.
5. RESPONSIBILITY 01<' Tllli CITY
5.1 Thc approvcd sile plan and maintenance plan shall be deemed a material purt of this
Agreement and is hereby incorporated herein by this reference.
5.2 City shall pay the Owner the Matching Fund Reimbursements for 0.11 eligible costs
up to $1,000.00 associated with constructing and installing the Improvements,
provided that the Owner has fulfilled all obligations as set fOlth in this Agreement
(ex.cluding maintenance obligations set forth in paragraph 4.7), and following
::;atisfactory complt:lion of lht;: ImproveUlenls.
5.3 The approval by the City ofa site plan and maintenance plan and the completion of
the Improvements by Owner to the full satisfaction ofthe City shall be a condition
precedent to the City's obligation to pay the Matching Fund Reimbursements. If
Owner fails to complete the Improvements as required hereunder, this Agreement
shall immediately tel1l1inate, without penalty to the City. Further, Owner
acknowledges and agrees that in the t:vent Owner's application for Matching Fund
Reimbursements cxcccds the fUnds allocated by the City for the Business
Bea.utification/Landscaping Partnership Grant Program, then any grant
rciIl1burscmcnL awanl~d by the City shall b~ based on the City's determination with
the advice and recommendation of the Beautification ufWinter Springs Board ofthe
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best Improvements. Priority will be given to the Improvements with the highest ratio
ofprivatc monetary contributions versus the City's monetary contrihutions.
6. DEFAULT
6.1 City Default
The City shall be in default of this Agreement if it fails to pay the Owner the
Matching Fund Reimbursements, provided that all Ci ly requirements have been met,
and the Improvements have been constructed properly and in acconlunce with the
approved plans and specifications.
6.2 Owner Default:
(a) The Owner shall be in default orthis Agreement ifhc falls to constnlct and
install the Improvements in accordance with the plans and specifications
provided in the approved site pl<l11 and maintenance plan.
(b) The Owner shall be in dcfault of this Agreement ifhe or ~he fails to maintain
or removes the Tmprovements for three (3) years from thc date of completion
of the Improvements unless a waiver is obtained from the City in writing
exec:uted by the City Manager. Waivers may be authorized for the following:
(i) Redevelopment of the Property, which includes substantial rehabilitation,
or new construction of a building or buildings which will contribute
significaTllly to the tax base of State Road 434. In tbe event of
redevelopment of the Property, the Owner will provide the City with a
proposed site plan and landscape plan identifying the new landscaping to be
constructed on the Property. Upon City approval of the revised plan, the
Owner may receive a waiver oftms default provision; OR: (ii) Sale of the
Property and a~~ignment of this Agreement to a new Owner, pursuant to
paragraph 8 of this Agreement
(c) In the event of default, the Owner shall be obligated to repay thc City's costs
associated with the Improvements, including but not limited to: plan
preparation fees, permit fees, and all costs oflabor and materials. The Owner
shall pay interest on the amount to be repaid at thc rate of six percent (6%)
per year, compounded annually, from the date of completion of the
I'mprovements.
7. rNOl~MNIFICATI0N
The Owner agrees to hold harmless, indenmity, and defend thc City, its officers, employees,
agents and attorneys at all times from and against any and all liability, loss, damage,
expense, cause or causes of action, suits,judgments l:lnd claims whatsoever arising by reason
of any damage to property or injury to, or dcath of, any person or persons, use of the funds
provided hereunder, or otherwise, resulting from: (i) any act or omission on the
rcconstmetion, or building of any Tmprovements for whieh the City funds might be
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reimbursed pursuant to this Agreement; (ii) by reason of any breach, violation or
nonperfomlance of any condition or covenant in this Agreement on the part of the Owner;
(lii) injury and negligence based on a failure to train or supervise workers, employees,
con tractors, volunteers, or agen ts 0 f the Owner in performing services or suppl ying material
for work that is to be reimbursed pursuant to this Agreement; (iv) failure of the Owner, or
its employees, agents, or volunteers, to employ safdy 1I1lJasures in the perfomulllce ot'work
that is to be reimbursed pursuant to this Agreement; (v) injury or negligence of any person
al'ising from the work or material supplied that is subject to reimbursemcnt pursuant to this
Agreement; Or (vi) failure to follow or correctly follow directions of the stat.e or any other
governmcntal entity. The Owner shall pay all claims, losses, judgments, costs, (including
attorneys/paralegal fees) associated with this hold hamllesslindemnification provision.
Owner acknowledges and agrees that a specific additional consideration has been received
by the Owner for this hold harmless/indemnification provision, and Owner waives any
defense in litigation under this Agreement that said considemtion was not given. As part of
the indemnification, the City shaH have its choice of legal counsel.
8. AMENDMENTS/ASSIGNMENT OF AGREEMENT
8.1 This Agreement, or any portion thereof, shall not be assigned by the Owner without
prior written consent of the City.
B.2 This Agreement, or any portion thereof, may only be amended by a written
instrument signed by the parties.
B.3 In the event that the Owner sells the Property prior to the expiration of three (3) years
from the date of completion of construction, the Owner shall maintain the
responsibility for fulfilling all obligations under this Agreement, unless and until this
Agreement is assign~d to a new Owner with thc prior writtcn consent of thc City.
Owner hereby represents and warrants that Owner will notify, in writing, any buyer
of the Property of this Agreement prior to any sale ofthc Property.
9. APPI.ICABLE LAW AND NOTICES
9.1 This Agreement and the attachments hereto shall be governed by the law of the State
of florida. Venue shall be exclusively in Seminole County, Florida.
9.2 Whenever either party desires to give notice to the other, it must be given by written
notice, to the parties and addresses shown below:
To the City
City Manager's Officl:
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
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To the Owner
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 mail, postage prepaid, as addressed above.
Notice shaH be deemed to have been given and received on the date the notice is mailed, if
given by certified mail, r~lurn 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 he received.
to. TERMINATIONIWAIVER
10.1 This Agreement may be terminated by a party upon a default of the other party.
Each party must give thhiy (30) days written notice to the other of the desire to
tenninate this grant Agreement. The notice shall specity the alleged default giving
rise to the notice oftermination. Un less extend~d hy the parties, the dcfaulting party
shall have thirty (30) days to eure the alleged default.
10.2 No delay or failure to exercise a right re~u1ting from any breach of this Agreement
shall impair such right or shall be construed us a waiver theTt~of. Any waiver shall
be in writing and signed by the party granting the wai ver.
11. SEVERABILITY
Should any provision ofthis Agreement be declared by a court of competent jurisdiction to
be invalid, the same shall not atfeet the validity of the Agreement as a whole or any part
tht::rt::uf, utht::r than tht:: part duclared LO be invalid.
12. NO INTEREST OR ESTAT}:
This Agrcemcnt is merely the City's intent to reimburse for certain landscape Improvements
and the Owner's responsibility to maintain said Improvements. The City agrees that it does
not and shall not claim at any time any interest or estate of any kind or uny extent
whatsoever in the land.
13. EQUITABLE RELIEF
Failure of Owncr to comply with thc requirements of this Agreement will constitute a
material breach of this Agreemcnt and irreparable harm to the City, entitl i ng the City to legal
and equitable relief including, but not I imited to, specific performance and injunctive reI iet:
.6.
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14. SOVEREIGN IMMUNITY
Nothing contained in this Agreement shall be constmed as a waiver of the City's righL lo
sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on
the City's potential liability under state or federal law.
IN WITNESS \VHEREOF, the parties hereto, by thelr duly authorized representatives,
have executed thi!'l Agreement effective this day of , 2001.
ATTEST:
CITY OF WINTER SPRINGS
CiLy Ckrk
BY:
City Manager
DATE:
OWNER
llY:
Signature
(Witness)
Typed or Printed N Clme
(Witness)
DAT.E:
f;\OOCS\Cily of Wi meT Sprinll~\Allreements\Lanc.l:K'"p.l':mp GnH1l,l<j
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EXHIBIT "A"
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REAL PROPERTY LEGAL DESCRIPTION
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EXHIBIT "B~'
SITE PLAN AND DESCRIPTION OF IMPROVEMENTS
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F.XIDRIT ~'C"
MAINTENANCE PLAN
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