HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-020Temp. Reso. #TR11987
Page 1
February 3, 2011
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, ACCEPTING A GRANT AWARD IN THE
AMOUNT OF $28,625 FROM BROWARD COUNTY THROUGH
THE BROWARD COUNTY LAND STEWARDSHIP PROGRAM;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AN AGREEMENT BETWEEN BROWARD COUNTY
AND THE CITY OF TAMARAC FOR THE PROVISION OF
GREEN COMPONENTS USED IN DEVELOPMENT OF THE
TAMARAC SPORTS COMPLEX; PROVIDING FOR A ONE TO
ONE MATCH OF $28,625 PREVIOUSLY EXPENDED ON
DEVELOPMENT OF THE PARK; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Commission of the City of Tamarac desires to provide its residents
and visitors a higher level of service by enhancing and improving its outdoor recreation
facilities and environment; and
WHEREAS, Broward County through the Land Stewardship Program, provides grants
to local governments for green components used in site development of open space acquired
through the Broward Safe Parks and Land Preservation Bond Program; and
WHEREAS, the City of Tamarac applied to the Broward County Land Stewardship
Program for a grant in the amount of $28,625 to provide for green park amenities at the
Tamarac Sports Complex and was awarded the grant as indicated in the January 25, 2011
correspondence from Broward County attached hereto as Exhibit A; and
WHEREAS, the Directors of Financial Services and of Parks and Recreation
recommend acceptance of grant funds and execution of a project agreement between
L
Temp. Reso. #TR11987
Page 2
February 3, 2011
Broward County and the City of Tamarac for grant funding for the Tamarac Sports Complex;
and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the
best interest of the citizens and residents of the City of Tamarac to accept grant funding for
the Tamarac Sports Complex and to execute an agreement between Broward County and the
City of Tamarac for grant funding in the amount of $28,625.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed
as being true and correct and are HEREBY made a specific part of this Resolution. All exhibits
attached hereto are incorporated herein and made a specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac HEREBY accepts the grant
award of $28,625 from Broward County through the Broward County Land Stewardship
Program.
SECTION 3: The appropriate City Officials are HEREBY authorized to execute an
agreement between Broward County and the City of Tamarac for grant funding in the amount
of $28,625 hereto attached as Exhibit B which is incorporated herein by this reference.
SECTION 4: An appropriation for the receipt and expenditure for this grant and any
matching funds will be included in the next budget amendment pursuant to F.S. 166.241(2).
SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
1
Temp. Reso. #TR11987
Page 3
February 3, 2011
SECTION 6: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of 2011.
J
BETH TALABISCO
MAYOR
ATTEST:
PETER M. J. CHARDSON, CRM, CMC
CITY CLERK '
RECORD OF COMMISSION VOTE:
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
SAMUEL S. G
CITY ATTORNEY
1
MAYOR TALABISCO
DIST 1: V/M BUSHNELL i- f z--'''
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER`
DIST 4: COMM. DRESSLERR
"X 14 J 'f A
BF9NARD
COUNTY
ENVIRONMENTAL PROTECTION and GROWTH MANAGEMENT DEPARTMENT
Natural Resources Planning & Management Division
Mailing Address: 1 North University Drive, Suite #301, Plantation, FL 33324
954-519-1270 • FAX 954-519-1496
January 25, 2011
Congratulations Parks for People Grant Award Recipients,
The Broward County Board of County Commissioners has approved the 2011-2012 Parks for
People Grant Awards at today's meeting. Attached please find the grant agreement which must
be completed as necessary, approved by your local commission and signed by an authorized
official. (Please note there have been several revisions to assist you in completing these grant
projects. The changes from the previous grant agreements are found in sections 2.1, 3.2 and 7.1
through 7.4). If you have any questions regarding these changes please contact us at your
earliest convenience.
Remember to fill in or attach documents referencing the exhibits contained in the agreement:
Exhibit B is a project schedule with an estimated start and completion date
Exhibit C is an estimate of the proposed project costs and grant expenditures
Exhibit D is proof of ownership documentation
A minimum of two originals will need to be returned to this office, along with a current certificate
of insurance, referencing the Broward County Board of County Commissioners as certificate
holder, 115 South Andrews Ave., Ft. Lauderdale, 33301 or provide a letter stating that your
municipality is self insured as permitted under section 768.28 of the Florida Statutes. If your
municipality has passed a resolution authorizing the acceptance of this grant and appropriating
funding, please provide a copy along with the grant agreements.
If you have any questions, please contact us at 954-519-1297 or Isp@broward.org. We look
forward to your completion of a successful 2011-2012 Parks for People grant process. Thank
you!
Donald Burgess
Land Preservation Administrator
Natural Resources Planning and Management Division
Broward County Bose 0f Cmy Commissioners
Sue Gunzburger •Dale V.C. Hotness •Kristin Jacobs •Chip an Stacy Ritter John E. Rodstrom, Jr. • Barbara Sharief - Lois Wexler
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CFN # 109958698
OR BK 47818 Pages 1718 - 1739
RECORDED 03/31/11 04:44:47 PM
BROWARD COUNTY COMMISSION
DEPUTY CLERK 1026
#1, 22 Pages
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
SPORTS COMPLEX
through the
BROWARD COUNTY LAND STEWARDSHIP PROGRAM
This Agreement, made and entered into by
and
re t red to as0' COUNT WARD COUNTY, a
political subdivision of the state of Florida, hereinafter
and
CITY OF TAMARAC, a municipal corporation of the state of Florida, hereinafter
referred to as "CITY,"
WHEREAS, pursuae 2000 Broward County Safe Parks to the COUNTY's Land Stewardship and Land Preservation
Program"), funding from th
ned
Bond Issue has been made available for the eco alogical restoration of e recreation parks in an elxpeditious
natural lands and sustainable development of passive
manner; and
oard") has
WHEREAS, the Broward County Bo �pUNTY purpose and of County ld are authossioners rized zed by the
determined that these expenditures serve a
2000 Broward County Safe Parks and Land Preservation Bond Program; and
WHEREAS, CITY has been awarded funding under the Grant Program for Sports
Complex; and vide for the
WHEREAS, the COUNTY consents to pro
activities
Program funds to CITY for reimbursement of consistent with the Program;
NOW,
ons
NOW, THEREFORE, IN CONSID�Ea eTIONr set f��ht COUNTY and CITY agreemutual
as
promises, covenants, and payments herei
follows:
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ARTICLE 1
SCOPE OF SERVICES
1.1 CITY shall perform all services identified in this Agreement in accordance with the
Grant Program Guidelines attached hereto as Exhibit 'A" the Grant Project
Description and schedule (hereinafter referred to as "Project") attached hereto as
Exhibit "B," Grant Project Cost/Budget attached hereto as Exhibit "C," and evidence
of Project site ownership or lease attached hereto as Exhibit "D." The parties agree
that the Project Description is a description of CITY's obligations and responsibilities
and is deemed to include preliminary considerations and prerequisites, and all labor,
materials, equipments, and tasks, which are such an inseparable part of the work
described, that exclusion would render performance by CITY impractical, illogical, or
unconscionable.
1.2 The COUNTY's Grant Program Administrator may approve changes to the Scope of
Services, Project description, unit of services, and changes within the categories of
expenditures listed in Exhibits "A," "B," "C," provided that the total grant dollars
awarded to CITY remains unchanged. The COUNTY's Grant Program
Administrator may also approve changes to the Project Description if the revisions
are consistent with the grant application and the Grant Program guidelines, and the
revisions do not diminish the quantity or quality of services to be provided.
1.3 For Projects where the site was not acquired utilizing 2000 Broward County Safe
Parks and Land Preservation Bond funds, CITY agrees to execute a Declaration of
Restrictive Covenants, in a form acceptable to the County Attorney's Office,
ensuring that the Project, when completed, shall be utilized for public recreational
purposes for a minimum of twenty-five (25) years. The Declaration shall be
recorded in the Official Records for Broward County, Florida, pursuant to Section
28.222, Florida Statutes. CITY further agrees to return to COUNTY all funds
tendered for the Project in the event the Project becomes utilized during this period
for other than the public recreational purposes of the Project.
ARTICLE 2
TERM AND TIME OF PERFORMANCE
2.1 The term of this Agreement shall begin on the date Agreement is fully executed by
both parties and shall end one (1) year after. CITY may request an extension of up
to eighteen (18) months for completion of the Project, subject to approval by
COUNTY Administrator. Any extension request shall be in writing and delivered to
the Grant Program Administrator at least sixty (60) days prior to the end of the
original term.
2.2 CITY agrees that it will comply with the construction time table included in Exhibit
"B," attached hereto, excepting bona fide force majeure delays.
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ARTICLE 3
COMPENSATION
3.1 COUNTY agrees to pay CITY, in the manner specified in Section 3.3, the total
amount of (not to exceed) Twen Eight thousand Six Hundred Twenty Five
dollars ($28,626) for Project pursuant to this Agreement. It is acknowledged and
agreed by CITY that this amount is the maximum payable and constitutes a
limitation upon COUNTY's obligation to compensate CITY for services and
expenses related to this Agreement. This maximum amount, however, does not
constitute a limitation, of any sort, upon CITY's obligation to perform all items of
work required by or which can be reasonably inferred for the Project from the Grant
Project Description.
3.2 The Grant Program Administrator is responsible for ensuring performance of the
terms and conditions of this Agreement and shall approve all requests from CITY for
payment prior to payment. CITY shall furnish to the Grant Program Administrator a
copy of the Project's construction contract(s) at least thirty (30) days prior to any
reimbursement from the COUNTY.
3.3 METHOD OF BILLING AND PAYMENT
3.3.1 Upon completion of the Project and approval by the COUNTY, CITY may
submit an invoice(s) for reimbursement in the funding amount set forth
herein. The invoice should be received by the Grant Program Administrator's
office no later than sixty (60) days after this Agreement expires. Invoices
shall designate the nature of the services performed and the expenses
incurred.
3.3.2 Documentation as required in Exhibit "A" must accompany any request for
payment. Invoices shall be certified by CITY's authorized official.
3.3.3 COUNTY shall pay CITY within thirty (30) calendar days of receipt of CITY's
proper invoice, as required by the "Broward County Prompt Payment
Ordinance" (Broward County Ordinance No. 89-49, as may be amended
from time to time). To be deemed proper, all invoices must comply with the
requirements set forth in this Agreement and must be submitted on the form
and pursuant to instructions prescribed by COUNTY. Payment may be
withheld for failure of CITY to comply with a term, condition, or requirement
of this Agreement.
3.4 Notwithstanding any provision of this Agreement to the contrary, COUNTY may
withhold, in whole or in part, payment to the extent necessary to protect itself from
loss on account of inadequate or defective work which has not been remedied or
resolved in a manner satisfactory to the Grant Program Administrator. The amount
withheld shall not be subject to payment of interest by COUNTY.
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3.5 If it becomes necessary for COUNTY to demand a refund of any or all funds paid to
CITY pursuant to this Agreement, CITY agrees to remit said funds to COUNTY
within sixty (60) days after notification. If not returned within sixty-(60) days, CITY
agrees that any further CITY requests for funding, as to this or any other program
under COUNTY's administration, may be denied until the funds have been returned.
3.6 Payment shall be made to CITY at:
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
ARTICLE 4
L.IARILITY
CITY is a municipal corporation existing under the laws of the state of Florida, as
defined in Section 768.28, Florida Statutes, and is fully responsible for acts and omissions
of its agents, contractors, or employees to the extent permitted by law. Nothing herein is
intended to serve as a waiver of sovereign immunity by any party to which sovereign
immunity may be applicable. Nothing herein shall be construed as consent by a state
agency or political subdivision of the state of Florida to be sued by third parties, in any
matter, arising out of this Agreement or any other contract.
ARTICLE 5
INSURANCE
CITY is a municipal corporation existing under the laws of the state of Florida, as
defined by Section 768.28, Florida Statutes, as amended, and CITY shall furnish the Grant
Program Administrator with written verification of liability protection, in accordance with
state law prior to final execution of this Agreement.
ARTICLE 6
TERMINATION
6.1 This Agreement may be terminated for cause by action of the Board or by CITY
upon thirty (30) days written notice by the party that elected to terminate, or for
convenience by action of the Board upon, not less than, ten (10) days written notice
by the Grant Program Administrator. Grant Program Administrator may terminate
this Agreement upon such notice, as the Grant Program Administrator deems
appropriate under the circumstances, in the event the Grant Program Administrator
determines that termination is necessary to protect the public health, safety, or
welfare.
6.2 Notices shall be provided in accordance with "NOTICES" section of this Agreement
(Section 8.6); except that notice of termination deemed by the Grant Program
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Administrator necessary to protect the public health, safety, or welfare may be
verbal and promptly confirmed in writing in accordance with the "NOTICES" section
of this Agreement.
6.3 In the event this Agreement is terminated for convenience, CITY shall be paid for
any services performed to the date this Agreement is terminated; however, upon
being notified of COUNTY's election to terminate, CITY shall refrain from performing
further services or incurring additional expenses under the terms of this Agreement.
CITY acknowledges and agrees that Ten Dollars ($10.00) of the compensation to
be paid by COUNTY, the adequacy of which is hereby acknowledged by CITY, is
given as specific consideration for COUNTY's right to terminate this Agreement for
convenience.
6.4 COUNTY shall have the right to terminate this Agreement and demand refund of
Program funds provided to CITY for noncompliance with the terms and conditions of
the Program guidelines. Failure to comply with these terms and conditions shall
result in COUNTY declaring CITY ineligible for further participation in the Program
until such time as CITY complies therewith.
6.5 In the event this Agreement is terminated, any compensation payable by COUNTY
shall be withheld until all documents are provided to COUNTY pursuant to
Section 8.1.
ARTICLE 7
FINANCIAL STATEMENTS
7.1 CITY hereby gives COUNTY, through any authorized representative, access to, and
the right to, examine all records, books, papers, or documents relating to the
Project.
7.2 CITY hereby agrees to maintain books and records in accordance with Generally
Accepted Accounting Principles and properly reflect all expenditures of funds
provided by COUNTY under this Agreement.
7.3 CITY agrees and understands that all funding authorized under this Agreement shall
be used only for eligible activities specifically outlined in this Agreement. CITY
agrees to reimburse COUNTY any and all funds not used in strict compliance with
this Agreement.
7.4 Within thirty (30) days of receipt by CITY, CITY shall provide to COUNTY on an
annual basis the Single Audit Report prepared by an independent certified public
accountant showing that there are sufficient and acceptable internal controls over
the administration of the CITY's grants. The Single Audit Report will encompass the
controls over grants in general without reference to any specific grant award.
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7.5 Failure of CITY to meet these financial reporting requirements shall result in
suspension of payment under this Agreement, or any subsequent grant agreement
in effect, and disqualify CITY from obtaining future grant awards until such financial
statements are received and accepted by COUNTY.
7.6 CITY is required to, and hereby agrees to, account for any program income related
to Project financed in whole or part with Grant Program Funds.
ARTICLE 8
MISCELLANEOUS
8.1 OWNERSHIP OF DOCUMENT
Any and all reports, photographs, surveys, and other data and documents provided
or created in connection with this Agreement are and shall remain the property of
COUNTY. In the event of termination of this Agreement, any reports, photographs,
surveys, and other data and documents prepared by CITY, whether finished or
unfinished, shall become the property of COUNTY, and shall be delivered by CITY
to the Grant Program Administrator within seven (7) days of termination of this
Agreement by either party. Any compensation due to CITY shall be withheld until all
documents are received as provided herein.
8.2 AUDIT RIGHT AND RETENTION OF RECORDS
COUNTY shall have the right to inspect the Project, as well as the right to audit the
books, records, and accounts of CITY that are related to this Project. CITY shall
keep such books, records, and accounts as may be necessary in order to record
complete and correct entries related to this Project.
CITY shall preserve and make available, at reasonable times for examination and
audit by COUNTY, all financial records, supporting documents, statistical records,
and any other documents pertinent to this Agreement for the required retention
period of the Florida Public Records Act (Chapter 119, Florida Statutes, as
amended), if applicable, or, if the Florida Public Records Act is not applicable, for a
minimum period of three (3) years after termination of this Agreement. If any audit
has been initiated and audit findings have not been resolved at the end of the
retention period or three (3) years, whichever is longer, the books, records, and
accounts shall be retained until resolution of the audit findings. If the Florida Public
Records Act is determined by COUNTY to be applicable to CITY's records, CITY
shall comply with all requirements thereof; however, no confidentiality or non-
disclosure requirement of either federal or state law shall be violated by CITY. Any
incomplete or incorrect entry in such books, records, and accounts shall be a basis
for COUNTY's disallowance and recovery of any payment upon such entry.
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8.3 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND
AMERICANS WITH DISABILITIES ACT
CITY shall not unlawfully discriminate against any person in its operations and
activities in its use or expenditure of the funds or any portion of the funds provided
by this Agreement and shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded
in whole or in part by COUNTY, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations,
guidelines, and standards.
CITY's decisions regarding the delivery of services under this Agreement shall be
made without regard to or consideration of race, age, religion, color, gender, sexual
orientation (Broward County Code, Chapter 16Y/z), national origin, marital status,
physical or mental disability, political affiliation, or any other factor which cannot be
lawfully or appropriately used as a basis for service delivery.
CITY shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not
discriminate against any employee or applicant for employment because of race,
age, religion, color, gender, sexual orientation, national origin, marital status,
political affiliation, or physical or mental disability. In addition, CITY shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay, other forms of compensation, terms and conditions
of employment, training (including apprenticeship), and accessibility.
CITY shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color, gender, sexual
orientation (Broward County Code, Chapter 161/2), national origin, marital status,
political affiliation, or physical or mental disability during employment. Such actions
shall include, but not be limited to, the following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay,
other forms of compensation, terms and conditions of employment, training
(including apprenticeship), and accessibility.
CITY shall not engage in or commit any discriminatory practice in violation of the
Broward County Human Rights Act (Broward County Code, Chapter 16%) in
performing the Scope of Services or any part of the Scope of Services of this
Agreement.
8.4 INDEPENDENT CONTRACTOR
CITY is an independent contractor under this Agreement. Services provided by
CITY pursuant to this Agreement shall be subject to the supervision of CITY. In
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providing such services, neither CITY nor its agents shall act as officers, employees,
or agents of COUNTY. This Agreement shall not constitute or make the parties a
partnership or joint venture.
8.5 THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intends to directly or substantially benefit a third party by
this Agreement. Therefore, the parties agree that there are no third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a
claim against either of them based upon this Agreement.
8.6 NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same, as set forth
herein, until changed in writing in the manner provided in this section. For the
present, the parties designate the following:
FOR COUNTY:
Director
Broward County Natural Resources Planning and Management Division
One University Drive, Suite 301
Plantation, Florida 33324
FOR CITY:
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
8.7 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CITY shall not subcontract any portion of
the work required by this Agreement except as authorized by Exhibit "A."
CITY represents that all persons delivering the services required by this Agreement
have the knowledge and skills, either by training, experience, education, or a
combination thereof, to adequately and competently perform the duties, obligations,
and services set forth in the Grant Project Description and to provide and perform
such services to COUNTY's satisfaction for the agreed compensation.
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CITY shall perform its duties, obligations, and services under this Agreement in a
skillful and respectable manner. The quality of CITY's performance and all interim
and final product(s), provided to or on behalf of CITY, shall be comparable to the
best local and national standards.
8.8 CONFLICTS
Neither CITY nor its employees shall have or hold any continuing or frequently
recurring employment or contractual relationship that is substantially antagonistic or
incompatible with CITY's loyal and conscientious exercise of judgment related to its
performance under this Agreement.
CITY agrees that none of its officers or employees shall, during the term of this
Agreement, serve as an expert witness against COUNTY in any legal or
administrative proceeding in which he or she is not a party, unless compelled by
court process, nor shall such persons give sworn testimony or issue a report or
writing, as an expression of his or her expert opinion, which is adverse or prejudicial
to the interests of COUNTY or in connection with any such pending or threatened
legal or administrative proceeding. The limitations of this section shall not preclude
CITY or any other persons from representing themselves in any action or in any
administrative or legal proceeding.
In the event CITY is permitted to utilize subcontractors to perform any services
required by this Agreement, CITY agrees to prohibit such subcontractors, by written
contract, from having any conflicts within the meaning of this section.
8.9 AMENDMENTS
Except for the provisions set forth in Article 1, no modification, amendment, or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document prepared with the same or similar formality as this
Agreement and executed by the Board and CITY.
8.10 WAIVER OF BREACH AND MATERIALITY
Failure by COUNTY to enforce any provision of this Agreement shall not be deemed
a waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of
this Agreement.
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8.11 COMPLIANCE WITH LAWS
CITY shall comply with all federal, state, local laws, codes, ordinances, rules, and
regulations in performing its duties, responsibilities, and obligations related to this
Agreement.
8.12 SEVERANCE
In the event this Agreement, or a portion of this Agreement, is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless COUNTY or CITY elects to terminate this Agreement. The election
to terminate this Agreement based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
8.13 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever
competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations herein, and that the preparation
of this Agreement has been a joint effort of the parties, the language has been
agreed to by parties to express their mutual intent and the resulting document shall
not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other.
8.14 PRIORITY OF PROVISIONS
In the event of a conflict or inconsistency between any term, statement,
requirement, or provision of any exhibit attached hereto, any document or events
referred to herein, or any document incorporated into this Agreement by reference
and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in the Florida Statutes, Florida
Administrative Code, and Broward County Code of Ordinances, shall prevail and be
given effect.
8.15 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. Venue for litigation concerning this
Agreement shall be in Broward County, Florida.
8.16 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not
CAF#555
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contained in this document. Accordingly, the parties agree that no deviation from
the terms, hereof, shall be predicated upon any prior representations or
agreements, whether oral or written. It is further agreed that no modification,
amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document in accordance with Section 8.9
above.
8.17 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits "A," "B," "C," and "D" are incorporated into
and made a part of this Agreement.
8.18 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be fully executed by all parties, each of which
shall be deemed to be an original.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,
signing by and through its County Administrator, authorized to execute same by Resolution
approved by the BOARD, and CITY OF TAMARAC signing by and through its officer, duly
authorized to execute same.
WITNESSES:
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BROWARD COUNTY, by and through its
ounty Administrator
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Approved as to form by
ffice of the County Attorney
JON T A ISTRONM CO)a FEY, COUNTY ATTORNEY
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
Deputy/Assistant County Attorney
[Remainder of page intentionally left blank]
CAF#555
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AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR
BROWARD LAND STEWARDSHIP PROGRAM
CITY
WITNESSES:
ATTEST:
City Clerk
(CORPORATE SEAL)
OF` TAMA9
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ESTA�LtSHEO ; p
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CAF#555
01 /25/11 13
;CITY OF M
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APPROVED AS TO FORM:
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ity Attorney
EXHIBIT "A"
PROGRAM GUIDELINES —PARKS FOR PEOPLE
Qualified Applicants
Municipalities that own Green Space and Open Space sites acquired through the 2000
Bond Program with development funding already allocated in the municipality's 5-year
Capital Improvement Program which are interested in incorporating "green component"
standards as described in this application package.
Funding Requirement
Except as provided in this section, funds from this grant may only be applied to the actual
costs incurred in "green components" used in the site development. No part of this grant
funding shall be used for project management, administration or overhead costs. The
grant funding may not be used to cover costs associated with the preparation, submission
or presentation of the funding application,
Project Match Requirement
This is a supplemental grant award given to municipalities that incorporate "green
components" in the development of bond acquired sites. The applicant's cost share is the
amount allocated in the 5-year Capital Improvement Plan for the project site equivalent to
the applicant's requested amount.
Minimum Criteria
Applicant must fulfill all minimum criteria to be considered for grant award. Please fill in as
appropriate:
1. The grant applicant project site has been acquired through the 2000 Safe Parks and
Land Preservation Bond Program;
2. The Final Management Plan for the site has been approved by the Land Preservation
and Acquisition Advisory Board (LPAAB) or Board of County Commissioners pursuant to
Resolution 2000-1230;
3. Funds for the development of the project site are presently in the municipality's 5 year
Capital Improvement Program pursuant to the approved resolution that was recorded along
with the interlocal agreement;
4. The site has not yet been developed; or if the site has been developed, proposed
amenities are "green" additions to those already in the approved management plan;
5. Funding for site development has not already been provided by the Land Preservation
Program through another funding source (Conservation Land Ecological Restoration Plan
funds, FCT reimbursement through Challenge Grant, previous Land Stewardship Program
Grant). Preference will be given to those project sites that have not received any other
funding source
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Green Components Criteria
The Land Stewardship Program defines "green components" as products and/or
technologies used in site development for public service that reduce the environmental
burden associated with traditional technologies, materials or fixtures. For example: the
environmental burden associated with improper landscape irrigation systems.
Furthermore, "green components" are economically viable products and/or technologies
that adhere to County and State regulations; are actively pursued throughout all site
development; and are becoming integral in the municipality's building development
practices. "Green components" can include: (1) environmentally beneficial landscaping
practices; (2) sound irrigation technologies and practices; (3) environmentally friendly and
sustainable site development practices, recycled and wood certified materials, etc; (4)
energy efficient fixtures; and (5) Interpretation.
In a brief narrative, please explain which "green components" your project site utilized and
support the choices with a qualitative analysis on cost reductions, consumption costs,
energy savings, etc.
The following is an ample description of "green components" criteria (in bold) supported
by the Land Stewardship Program. These examples do not preclude you from presenting
additional practices that can qualify as "green components," as defined by the Land
Stewardship Program.
Right Plant Right Place
Drought tolerant trees and shrubs
Drought tolerant grass or groundcover for open play areas
Plants grouped according to water needs in zones
Plant species which do not require frequent pruning (reduced yard waste)
Florida friendly plants for wildlife (i.e., for butterflies, birds, beneficial insects, native
wildlife)
Plants with greatest water needs closer to buildings for shade and rainfall runoff
Mulch Utilization
Mulch for groundcovers replaces grass in difficult to reach areas such as narrow strips
between beds or in very shady spots
Recycled mulch or by-product alternatives (Melaleuca, leaves, pine needles or bark,
no cypress mulch)
2" to 3" of mulch over the roots of trees, shrubs and plant beds
Sound Irrigation Standards
High volume and low volume irrigation systems are soundly designed and operate
according to plant zones and water restrictions
Automatic rain shut-off devices or smart irrigation technologies installed on sprinkler
systems abide to State, County Law and possible water restrictions
Water reduction of 50% or more compared to present water utilization
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Reduced Stormwater Runoff
Downspouts and gutters directed to drain into the lawn and planting beds
Swales in low areas to collect and filter rainwater
Gravel, paver, crushed shell, mulch or other pervious surfaces proposes for trails
Protecting the Waterfront
Fertilizer and pesticide free area along the shoreline (if present) of at least 10 feet
Buffer zone of low -maintenance plants between lawn and shoreline to absorb nutrients
and provide habitat for wildlife
Planting of native aquatic vegetation behind a seawall (if present)
Water Savings
Low -flow or reduced flow plumbing for toilets, faucets, fountains
Flush -less urinals
Material Selection
Recycled products for picnic tables, benches, trash bins, playgrounds, restrooms
partitions
Low or no VOC (volatile organic compound) paints, finishes and/or adhesives
Forest certified products if wood will be utilized
Pervious concrete, self-cleaning and environmental -clean concrete
No more that 10% impervious surface
Energy Efficiency
Energy efficient lighting
Passive or active solar concepts
Automatic or time controlled devices
Interpretation
Interpretive signage to highlight the use of efficient standards for energy and water
conservation on site and/or use of native drought tolerant vegetation
[Remainder of page intentionally left blank]
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EXHIBIT "B"
SPORTS COMPLEX OS-64 -- PROJECT SCHEDULE
• Execute Design -Build Contract — Within 30 days of Award
• Complete permitting process — Within 60 days of Award
• Complete construction — Within 12 months of Award
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EXHIBIT "C"
PROJECT COST AND BUDGET
(CIP funding — Grant Request plus matching funds, itemized)
Land Stewardship Program
Parks for People Grant
Program
Project Budget
Budget Item
Grant Fund Amount Matching Funds
3 small picnic shelters @$8,000 ea $24,000.00
3 trash receptacles: $ 1,000.00
5 benches @ $725 ea. $ 3,625.00
CIP $ used from TSC
development $ -
Total Project Budget
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M
$28,625.00
Subtotal
$24,000.00
$ 1,000.00
$ 3,625.00
$28,625.00
$67,250.00
EXHIBIT "D
REAL. PROPERTY DOCUMENTS
(property title or leasehold interest - Per Article 1 — 1.1 Project Scope "A")
CFN #i 101367715, OR Bic 34010 Page 1271, Page 1 of 4, Reaoxded 20/28/2002 at
11:43 AM, Broward County Conuaiasion, Doc. D $26990.00 Deputy Clark 3079
This Instrument prepohd by:
Gerald L. Knight, Esquirs
Holland &Knight
Ono East Browerd Blvd., lath Floor
Fact Lauderdale, Florida 33801
SPECIAL WARRANTY DEED
tr
THIS SPECML WARRANTY DEED made the M4 day of October, 200$ by LENNAR
LAND PARTNERS, a Florida general partnership, whose poet office address is 1015 North State
Road Seven, Bay C. Royal. Palen Beach, FL 33411, ("Grantor'), to C17Y OF TAMARAC, a political
subdlvision'of the State of Florida , whose peat office address is 7625 NW 880 Avenue, Tamarac.
Florida, and whose Tar I.D. Number is(;'Grantee") (whonever
used hereunder the terms "Grantor" and "Grantee" include aA the parties to this instrument and the.
heirs, legal representatives and assigns of individuals, and the sucooscora and assigns of
corporations);
3 WJTNESSETH: Thai the Grantor, for and in consideration of thin aum of Tan ($10.00)
f�I Dollars and othor'voluable consideration, receipt of which is hereby acknowledged, hereby grants,
W bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain
land situate iu Broward County, Florida, described go follows:
JBartel R of 1QN08 PgINT REPLAT, as retarded in flat Book i6G, No 8 of the Public
Records of Broward County, Florida, aWa Flags Point Rockford Parcel t"Property'�,
SUBJECT TO-. Sao Exhibit "A" attached
SUDJECT TO restrictive covenant that the Properly will be used for public purposes only.
NOTE: Tax Folio Number of said land is 19106-36-00300.
TOGETHER, with all the. tenements, heroditamente and appurtenances thereto belonging
or in anywiee appertaining.
TO HAVE AND TO BOLD, the same in fee simple forever,
AND the Grantor hereby warrants the title to said land and will defend the came against the
lawful claims of all persons claiming by, through or under the Orantor.
9
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i'
OR BK 34010 PG 1272, page 2 of 9
I
J r
IN WITNESS WHEREOF, the Grantor has set Grantor's hand and seal the day and year
first above written.
Signed, sealed aaddelivered
in o reaenes
LENNAR LAND PARTNERS, a Florida general
Namt Printed:
partnsrehip
By; LENNAR HOMES, INC„ a Florida
corporation, pursuant to Power of Attorney
recorded in Official Records Book 21298,
me Prin.
Page 824 of the Public Records of Browerd
I
County, ida.
By:
D`7 p. Dudley, V' President
STATE OF FLORI6A )
COUNTY OF )12 L�Sig(tQJ7U9M > as.:
The foregoing instrument was acknowledged before me this 1 %s of October, 2002, by
.day
Doyle D. Dudley, as Vice President of Looney Homoa, Inc., on behalf of the corporation, who is
Pgraonsllr kgogvAtame or Lae produced
as
3dantitcation.
of
JDANM MU
NYCetairSlpVetlessi179
tlWXl�iiowntarse,tmt
rrwewewntueusnen
CAF#555
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OR UK 34010 VG 1273, Page 3 of 4
I
i
EXHIBIT *W
1.
Real property and school taxes and assessments for year 2003 and theroafter,
2.
Conditions and restrictions of record that are common to the eubdivieion or neighborhood;
S.
Applicable zoning ordinances, if any;
4.
Reservations for canal rights and road right of way of record;
5.
Restrictions, conditions, reservations, easements, and other matters contained on the Plot of
ROCKFORD, as recorded in Plat Book 151, Page 37, of the Public Retards of Brovard
County, Florida.
G,
Revocable License Agreement recorded in O.R. Book 22079, Page GGG,
7.
Recreational Impact Agreement recorded in OA, Hook 19552, Page 39.
6,
Road Impeot Agreement recorded in O.R, Book 19681, pago L
8,
Power of Attomoy recorded in O,B. Book 27298. Page 824 and 827,
10.
Restrictions, covenants and oonditions as contained in the Agreement to Compromise, Sattla,
v
Releaes and Discharge all Claims and Obligations recorded In O.R. Book B40D, Pago 146.
11.
Restrictions, covenants and conditions as contained' in the CATV Agreement attached to
Affidavit recorded in O.R. Book 15880, Age 879, A•aignment of Easements and Agreements
recorded in O.R. Book 15880, Page 900 and Affidavit recorded in O.R. hook 19576, Page 724.
12.
Restrictions, covenants and waditioaa as coataimd in Agreed Final Order Approving
Stipulation and Settlement Agreement recorded is O.R. Book 20229, Page G49,
13,
Restrictions, conditions, reservations, easements, and othir matters contained on the Plat of
KING POINT REPLAT, ae recorded in Plat Book 156, Page S. of the Public Records of
Broward County, Florida,
14,
Agreement between Broward County and [aanar Ilomes, Inc. Phasing the Installation of
Required Road Improvements Relating to Kinga Point RePlat, as recorded in O.R, Book
22005, Page 824.
15.
Reatrlctiona, conditions, reservations. easements, and other mattere contained an the Plat of
EXETER, as recorded in Plat Book 150, Page 46, of the Public Recorda of Broward County.
Florida,
16.
Kings Point Landscape Agreement as containad in the instrument recorded in 01. Book
25253, Page 520.
17.
Reservations is favor of the State of Florida, as Bat forth in the dead from the Truataes of the
Internal Improvement Fund of the State of Florida, recorded in Deed Book 114, Page 365,
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01 /25/11 21
OR BX 34010 B(3 1274, Page 4 of 4
f
and Deed No. 18928, recorded in Deed Book 466, Page 142, as affected by the instrument
recorded in D.R. Book 8801. Page 628.
18.
Reservation in favor of Beard of Commiaaionere of Evergladea Drainage District as
contained in Deed No, 228, recorded in Dead Book 487, Page 326, as affscted by the
I
inatrumant recorded in D.R. Book 4096, Page 868, and RIt Book 6085, Page 619.
19.
Covenants, conditions and restrictions recorded 211177, in D.R. Book 8892, Page 911.
20.
Tamarac Utilities Weat, Water and Bawer Utility Basement contained in instrument
recorded 8/61189, in D.R. Book 1649I, Page 9".
21.
Irrevocable Option contained In instrument recorded 12128/89, in O.R. Bock 17041. Pago 478.
22,
Private Ingress and Egress Easement as net forth in Instrument recorded in Q.R. Book
17041, Page 482.
' 23,
Restrictions, covenants and conditions as contained in the Agreement with Tamarac Utilities
recorded is O.B. Book 4087, Page 901; as partially released in O.R. Book 462G, Page 668 and
O.R. Book 5468. Page 182.
24.
Twenty foot easement for utility, drainage and onaal maintenances as recited by deed
recorded in O.R, Book am. Page 711.
25,
Restrictions, aovananta and conditicna as contained in the Agreement to Limit Constructions
of Dwelling Unite recorded in O.R. Hook 0642, Pop 82,
26.
Recreational Impact Agreement recorded in OR. Book 22006. Page 010.
FTLI #606039 vl
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