HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-195Temp. Reso #11072
September 25, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006--5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, ACCEPTING AN AWARD FROM
THE BROWARD COUNTY CHALLENGE GRANT PROGRAM
IN THE AMOUNT OF $300,000; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
BROWARD COUNTY FOR BROWARD COUNTY CHALLENGE
GRANT PROGRAM FUNDS FOR THE TAMARAC SPORTS
COMPLEX IN THE AMOUNT OF $300,000 PROVIDING FOR A
CASH MATCH IN LOCAL FUNDS FROM THE CAPITAL
IMPROVEMENT BUDGET FOR DEVELOPMENT OF THE
TAMARAC SPORTS COMPLEX; 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 Broward County Challenge Grant Program,
provides grants under the 2000 Broward County Safe Parks and Land Preservation Bond
Issue to be utilized by municipalities to provide for recreation facilities within Broward
County; and
WHEREAS, the City of Tamarac received notification of the dissemination of funds
from the Broward County Challenge Grant Program in the amount of $300,000 for the
development of restrooms, a parking lot, universal playground, and a fishing pier at the
Tamarac Sports Complex; and
WHEREAS, acceptance of these funds requires the amending of estimated revenues
and expenditures within the Tamarac Sports Complex Capital Improvement Budget; and
Temp. Reso #11072
September 25, 2006
Page 2
WHEREAS,
the City
is willing to match the Broward
County Challenge Grant
Program award of
$300,000
with local funds from the capital
improvement budget for
development of the Tamarac Sports Complex; and
WHEREAS, the Assistant City Manager and Director of Parks and Recreation
recommend approval; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to accept the award in the
amount of $300,000 and execute a grant Agreement between the City of Tamarac and
Broward County for Broward County Challenge Grant Program funds for the Tamarac
Sports Complex.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
Section 1: That the foregoing "WHEREAS' clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
Section 2: The appropriate City officials including the City Manager or his designee are
HEREBY authorized to accept the award from Broward County for development of
restrooms, a parking lot, universal playground, and a fishing pier at the Tamarac Sports
Complex.
Section 3: The appropriate City officials including the City Manager or his designee are
HEREBY authorized to execute a grant Agreement between the City of Tamarac and
Broward County for Broward County Challenge Grant Program funds in the amount of
$300,000 providing for a cash match in local funds from the capital improvement budget for
development of the Tamarac Sports Complex. A copy of said Agreement is attached hereto
as Exhibit A.
1
1
1
Temp. Reso #11072
September 25, 2006
Page 3
Section 4: The appropriate City Officials are HEREBY authorized to amend the existing
Tamarac Sports Complex Capital Improvement Project Budget in the amount of $300,000
and appropriate said funds including any and all subsequent budgetary transfers to be in
accordance with proper accounting standards.
Section 5: All resolutions or parts of resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
Section 6: If any clause, section, or 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 application of this Resolution.
Section 7: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this _LLt day of Qafnbcf , 2006.
ATTEST:
1
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
►MUEL S. G
CITY ATTO
gWeaeA4w_
BETH ...MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
EXHIBIT "A"
GRANT PROGRAM GUIDELINES
Project title: Tamarac Sports Complex
Scope of Project:
A. CONTRACTOR agrees to construct the Project known as Tamarac Sports
Complex, in accordance with the plans and specification prepared by, or
under the supervision and review of, a registered professional architect,
engineer, or other appropriate professional. These elements are identified in
the Project description which is attached to this Agreement as Exhibit "B."
B. CONTRACTOR is responsible for obtaining all state, federal, and local
permits, licenses, agreements, leases, easements, etc., required for the
Project, and for following applicable state, federal, and local statutory
guidelines regarding the procurement of professional services.
C. CONTRACTOR shall erect a permanent sign acceptable to the Contract
Administrator identifying the 2000 Broward County Safe Parks and Land
Preservation Bond Program and COUNTY as a funding source of Project
construction. (Please see attached sample sign and sample sign
specifications.)
III. Required Documentation for Services Rendered:
A. The Contract Administrator is responsible for ensuring performance of the
terms and conditions and shall approve all payment requests prior to
payment. CONTRACTOR shall submit to the Contract Administrator signed
quarterly Project status reports on a calendar basis summarizing work
accomplished, problems encountered, percentage of completion, and other
appropriate information. Photographs shall be submitted when appropriate
to reflect work accomplished. CONTRACTOR shall furnish to the Contract
Administrator a copy of the Project's construction contract(s) within fifteen
(15) days of full execution of same.
B. Upon Project completion, the engineer, architect, or other appropriate
professional shall sign a statement certifying satisfactory completion of the
Project in accordance with the prepared plans and specifications.
C. Upon Project completion, CONTRACTOR shall also submit a site plan (as -
built), list of construction facilities and improvements, and color photographs
reflecting the work accomplished.
IV. Matching Funds (if applicable):
Pursuant to Section 4.1 of the Agreement (if applicable), CONTRACTOR has
allocated matching funds in their Capital Improvement Program in the amount of
$5,200,000.
V. Bond Program Guidelines
A. Grants for up to Two Hundred Thousand Dollars ($200,000.00) require no
cash match.
B. Grants from Two Hundred Thousand and One Dollar ($200,001.00) to Five
Hundred Thousand Dollars ($500,000.00) require a minimum Twenty-five
Percent (25%) cash match from CONTRACTOR.
C. Applicants cannot have more than a maximum of three (3) grants of up to
Five Hundred Thousand Dollars ($500,000.00) each.
D. Grant monies must be spent within a five (5) year time limit from the date of
the County Administrator's approval of the Agreement.
E. All grant funds are to be paid on a reimbursement basis pursuant to the
completion points, percentages formulas and retainage language set forth in
Article 4 of the Agreement.
F. Access to the Project by municipal residents and nonresidents alike will be
nonexclusionary.
G. All Project sites are to be owned by CONTRACTOR or have a lease of a
minimum of Twenty-five (25) years. CONTRACTOR shall be required by the
Contract Administrator to show proof of ownership or leasehold status.
H. All Projects will remain in public parks and recreation use for a minimum of
Twenty-five (25) years.
Funds can be used for outdoor and indoor recreation facilities.
J. All applicants will provide a resolution from their governing board in support
of the proposed Project.
K. Non-profit organizations applying for grants must obtain a resolution of
approval from the municipality in which the Project is located.
L. Projects will be consistent with recognized parks/recreational standards for
similar facilities.
M. Applicants must be sufficiently capable and qualified to complete the
proposed Project, and thereafter, operate and maintain the Project's facility.
N. No Grant Program funds are to be used for recreation programming and
operational costs.
O. All applicants will be required to submit an application to the Contract
Administrator.
EXHIBIT "B"
GRANT PROJECT DESCRIPTION
The Tamarac Sports Complex is located in the western and most rapidly growing
section of the City. The park consists of two soccer fields, a baseball field, multi-
purpose field, roller -hockey rink, tennis and basketball courts, and a playground. Due
to the influx of new residents, the park is inadequate to meet the outdoor recreational
needs of the population and must be expanded.
Renovation and expansion of the Sports Complex will allow the City to expand the park
and provide a wider range of outdoor recreational opportunities for its residents on the
adjacent, vacant parcel that the City acquired.
The grant funds will support capital improvements of the site. The city will complete the
following activities and be reimbursed for the activities up to the cost of the grant award.
The city will provide $5,200,000 in matching funds from their Capital Improvement
Program to complete other site improvements.
The expected completion date of the project is January 2008.
Restroom
$200,000
Parking lot
$50,000
Universal playground
$30,000
Fishing pier
$20,000
Total
$300,000
EXHIBIT "C"
(Real Property Document(s) re property title or leasehold interest)
(Per Exhibit "A")
(To be inserted)
GALAND_PRESEWCHALLENGE
GRANTS\DCDF_CHALLENGE_GRANTS\TAMARAC\CHALLENGE GRANT DCDF TAMARACSPORTSCOMPLEX082206.DOC
Broward County Property Appraiser's Network
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PERTY
RA15ER
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the taxes you will pay.
Please use our Tax Estimator to determine a more likely estimate of your new amount.
Click here to display your 2005 TRIM notice.
Site Address
Property Owner CITY OF TAMARAC
Mailing Address 7525 NW 86 AVE FT LAUDF-ROALE FL 33321
ID # 494106 00 0011
Millage 3122
Use 89
Legal
Description
6-49-41 THAT PT OF SEC 6 LYING N OF SOUTHGATE SLVD & THAT PT OF SEC 6
LYING W OF NW 112 AVE LESS PT DESC IN OR 12245/856 FOR EXPRESSWAY & LESS
PT DESC IN OR 12481/492 FOR PAR 136,1E & LESS PT DESC IN 13422/107
Property Assessment Values
Year
Land
Building
Land Value AG •
Total
Tax
Current
$195,760
$ 195,760
2004
$ 195,760
$ 195,760
2003
$ 195.760
$ 195,760
Save Our
Home Value
1$195,760
Exemptions
Type
I 14
Widow(er)'s/Veteran's/Disability
Homestead
Non -Exempt
Sales History
Land Calculations
Date
Type
Price
Book
Page
Price
Factor
Type
OCD
36245
777
$4,360.00
44.9
AC
10/02
TXD
35316
1818
Adj. Bldg,
S.F.
Special Assessments
Fire
Garbage
Light
Drainage
Improvement
Safe
Please Note: Assessed values shown are NOT certified values and are
subject to change'before final certification for ad valorem tax purposes.
http://www.bcpa_net/Includes/Inc—RecInfo.cfm 9/ 14/2005
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Mado this 14th Joy of October A. 0. tp74� LEADERSHIP AOtrSINC, INC.,
R Delaware Corporation,
and SIMON ZONANON, lee Trustee under Provisions of s certain Trust
Agreel�nt dated December 1. 1972, and known as Trust No, 101.
of the County of BROWARD . is the 5iole of P'LORIDA . parties a! the Jirsi past, and
THE CITY 01? TAMARAC, a munieipal(Corporation,
of the Coumly of SA MiARD In the Stot� of FLORIDA whore poet voice eddreu it
5811 N.W. 80th Avenue, Tamarac, Florida 33321,
part y of the second pall,
IORAtSSLt}tt Thai the sold part of the ltnr part, It, and in c,nsrderotion of Jh. awn, of
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to them 1n Land paid by the e.id pmlyr of the second W. the receipt whnoo/ le hereby drinowl•
tdeed. have fronted, bargained, rind Meld t0 the said parer of she so"ad Pon, its Flucces 8
and ueigne for..rr, the following dascribod lend, wuurie, end bring in Ike ceunly of BROW&"
Star mil FLORIDA to -wit:
Four (4) Tracts of land, respectively described
upon Exhibits A, 8, c and D Annexed herkto,
all of which are lying, being and situate in
Brtxeard County, Florida;
Subject to all matters of record, except
mortgages. liens and other =not:ary
encumbrances.
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And the amid pan Tee of 16 lint "e do hereby /uily warrant the Jule to said lend, and .44.. defend A.
Sane "qu wwIt `Ike lawfulM claims of all 'errs"
IkTvwhonuwwr. .
ltllns i1, rh. raid pan ion .f 1he flrst'are have herewrts eel their
hands and settle Ih0 d.p and year Jlnt eb.u, wrru.n.
LFADERSRIP HOUSING, INC.,
Signed, wew and Jolivtrod in lk, pnsonee of: a De law do4oration
nM:..�. ...........
sTAT¢ or:1.p A. Provisions of a�ertainlTruet--
�U Oi BROWARD A regiment date December 1. 1972,
a d known as Trust No. 101
I MRLeY CLRTIrV tier ea this der. beigec sit, as
Writer dull .ether""{ its tht Suit atensaid end it tht r�uety .I.teuid se We sidmawktawratt, Vd'deA* •quad
LON B. itUDIN, President
Of Lr,MERSRIP "OUSING, INC, a Delaware Corporation,
ta " Same it 6e At person dattriaed in and who esttrud W, fargesry irvmaeot and he aehas.,kdeed
Mien ax rh.a he actomil the satae.
WITNIM Mi head end atheist seal is rht gleaner wed State lost tttttsaid this C a nrC�. do of
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This tn3trument VJas pgr•tt; d ::yt re"a'r ar �-•��+ i . d e..e::, cs.
AR7Mu,l J. tulle
Attorney at ls•,V
SuaeB�l
1117 Orirkci) Ave,
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I HEREBY CENTI'FY that on this day, before no. an officer duly
authorized in the State aforesaid and iA the County aforesaid to taka
acknowledgments, personally appeared SIMON ZONTKAOX, as Trustee under
Provisions of a certain Trust Agreement dated December 1, 1972, and
known as Trust No. 101, to W known to be the person described in and
who executed the foregoing instrument and he acknowledged before va
that he executed the &acme. `
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MITVZSS my hand and oft in Seal in the county and sti91-7,11:
aforesaid this/jLt�_ day of _�1 , 1976.
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my COMMISSION .` `•.
EXFTREs.�u.3a,/97b.
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Notary Public•,
state of Illinois at Large
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INUBIT 9
P_IAL 1
't .PORTION OF SECTION 4. TDWNShIIIy 49 SOUTH, RANGE 41 EAST. anOWAITO Ct1Ut1TY,
-L01110A AND TOGETHCR WIT,l A POnTION OF FLORIDA FRUIT LAIiOS COMPANY SUU,;
lIVISION NO. 2 OF SUCTION 5, TOWNSHIP 49 SOUTH, RANGE 41 EAST AeCOROING .
rO T„C PLAT THERCOF, AS RECORDED IN PLAT BOOK 1. PAGE 102 OP YNL PUULIC
]ECOnOS OF PALM BEACH COUNTY, FLORIDA. BEING MORE FULLY DESCRIBED AS
rGLLOWg, .
:CIMMCNCING AT t-IC NORTHEAST CORNER OF SAID SECTION 61.TNCaNCC.$ 00'OG144" C.
',LONG THE EAST LINE OF SAID SECTION 6. A DISTANCE OF 3274.00'FEET TO T.,C POIN
)N IIEPiINNING, THENC.0 S G0#29'53" E. A 0I5TANCE OF 51-53 FEST1 THENCE S 4t,'27
22 '' W. A DISTANCE OF 375.19 FEET/ THENCE S 00'32'12 " W. A DISTAIuE OF 33S.0
FEET TO AN INTEIISCCTION WITH THE ARC OF A CIRCULAR CURVE TO TMC RIGHT, WHOSE
IAOIUS POINT BEARS. N 08'32622 " C. FROM THE LAST DESCRIBED POINT, THENCt
WESTERLY AND NORTHERLY, ALONG. THE ARC OF SAID CURVE HAVING A RADIUS Gi• IS00.0
FSCT, AN AMC DISTANCE OF 45.10 FEET TO TAO POINT OF TANGLNCYI THENCE li 79'•,q'
44 " W. A ❑;STAttCC or 571.66 PEST TO AN tNTEnCCCTION WITH THE ARC Or A Cit'+CU-
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�SCQIBEO POINT, THENCE NORTHERLY AND EASTERLY. ALONG THC ARC OF SAID CURVE
VINO A RAOIUS OF 2347.00 FEET. AN ARC DISTANCE OF 7S2.33 FEET TO T++E POINT
TANGENCY, Tr,ENCE N 29'30'OT" E. A 01STANCE OF 342'.76 FELT, THENCE S 60'
29'53" C, A DISTANCE OF 63G.24 FEET TO THE POINT OF BEGINNING. CONTAINING
14.118 ACRC5. MORE OR LESS.
3— '—Z—ANO SITUATE, LYING AND BEING IN 9ROWAAO COUNTY, FLORIDA.
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P111+'ION UP` SECTION 6. TOWNSHIP 49 SDUTH, RANGE 41 EADT. Ono AWOICvu,y.Y,
URIIAA A140 TOGCTHep WITH A PORTION OF FLOR1OA MIT LANDS COMPANY SUU Vl,IOr+ NO. 2 OF SECTION 5. TOwN51t1P 49 SOUTH, RANGL' 41 CAsr ALCGh0lrlh ,IL PLAT THERCOC, AS RECOROZO IN PLAT BOOK 1, PAGE 102 OF T1117 PUIILIC
.COF40S 019'PALM BEACH COUNTY, FLDRIOA, BEING MORE FULLY OCSCRIOCD AS
lrLOwSr
INMI:NCING AT T1.L NORTHEAST C07NEn OP $AID SECTION 61 T1ICNCE S 40"pl.'4n" .ONI, T„g HAST LINE OF SAID SECYInN 4. A DISTANCE OF 3357.12 FG.CT %J 11.L E.
I:NT rtr` IJEGINNINGI THENCE N 40"27'72" E. A DISTANCE OF 72.90 r96Tr TIILUCE
12*50.25 " C, A DISTANCE Do 155,02 FEET TO AN INTERSECTION x17n THC Apr 00
CJRCW6,An CUFtvE TD THE RIGHT, WHOLE RADIUS POINT I►EA(IS N 12"34.2S" 11. 1',40M
IC LAST DESCRIOED POINTI TMCNCE .riUUTMtRCY .ANO WCSTCRLY, 'ALONG THf: AI,C 11F
10 CURVLf. HAVING A RADIUS DP I600.00 FEET. AN ARC DISTANCE OF 591.03 FELT&
-ENCE N 011*32*22 0' E. A DISTANCE OP 335.00 FEETr rMENCJI N 40"27'22 " i. A
i:T
REANCBORL$SJrf JiSOs.29 FEET TD THE POINT OF BEGINNING. CONTAINING 6.349 ACRES,
LAND SITUATE, {•,PING AND BEING IN 13ROWARO COUNTY, FLGFIIOA.
PROPERTY
APPRAISER
IMPORTANT: If you are looking to purchase this property, the tax amount shownney have no
relationship to the taxes you will pay.
Please use our Tax Estimator to determine a more likely estimate of your new
amount.
mnPRRVIOUS NEXT _ 1/ZEW MAP Pft1NT NEW SEAR GH lRGPA Ho
Site Address
Property Owner CITY OF TAMARAC
Mailing Address 5811 NW 88 AVE TAMARAC FL 33321-4449
ID # 494105 35 0030
Millage 3122
Use 00
Legal
Description
KINGS POINTS REPEAT 156-3 B PARCEL R AKA: KINGS POINT ROCKFORD PARCEL
Property Assessment Values
Year
Land
Building
Land Value AG
Total
'fax
Current
$ 3,122,680
$ 3,122,686
2004
$ 3,122,680
$ 3,122.680
2003
$ 3,122,680
$ 3,122,580
Save Our
Home Value
Exemptions
Type
14
Widow(er)'s/Veteran's/Disability
Homestead
Non -Exempt
$ 3,122,680
Sales History
Land Calculations
Date
Type
Price
Book
Page
price
Factor
Type
10/02
SWD
$ 3,850,000
34010
1271
$4.75
657,407
SF
10/97
WD'
$ 8,876,286
27263
149
Adj.
Bldg. S.F.
Special Assessments
Fire Garbage Light Drainage Improvement Safe
Please Note: Assessed values shown are NOT certified values and are
subject to change before final certification for ad valorem tax purposes.
http://vA-%Nrw.bepa.net/includes/Inc_RecInfo.cfm 2/3/2005
CrN # 102367715, OR BK 34010 Page 1271, Page 1 of 4, Recorded 10/28/2002 at
11:43 AM, Broward County Conen.issi.on, Doc. D $26950.00 Deputy Clerk 3075
This Instrument prepared by:
Gerald L. Knight, Esquire
Holland & Knight
One East Broward Blvd., 13th Floor
Fort Lauderdale, Florida 33301
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made the ,i. 4 day of October, 2002, by LENNAR
LAND PART.NMRS, a Florida general partnership, whose post office address is 1015 North State
Road Seven; Bay C, Royal Palm Beach, FL 33411, ("Grantor"), to CITY OF TAMAR.AC, a political
subdivision of the State of Florida , whose cost nliice address is 7525 NW 88'h Avenue, Tamarac,
} Florida, and whose Tax I.D. Number is �Zg—�96gDlp�('Grantee") (whenever
used hereunder the terms "Grantor" and "Grantee" include all the parties to this instrument and the
heirs, legal representatives and assign@ of individuals, and the successors and assigns of
corporations):
WITNESSETH: Thai the Grantor, for and in consideration of the suns of Ten ($10,00)
Dollars and othervaluable consideration, receipt of which is hereby acknowledged, hereby grants,
bargain@. Bells, aliens, remises, releases, conveys and confirma unto the Grantee, all that certain
land situate in Broward County, Florida, described as follows:
�ce Parcel R of KINGS POINT REPLAT, as recorded in Plat Book 166, Page 3 of the Public
Records of Broward County, Florida, a/k/a Kings Point Rockford Parcel ("Property"),
SUBJECT TO: See Exhibit "A" attached
SUBJECT TO restrictive covenant that the Property will be used for public purposes only.
NOTE: Tax Folio Number of said land is 19105.35.00300.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the Grantor hereby warrants the title to said laud and will defend the same against the
lawful claims of all persons claiming by, through or under the Grantor.
OR BK 34010 PG 1272, Page 2 of 4
IN WITNESS WHEREOF, the Grantor has set Grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered
in a resence: �p
,LI;NNAR LAND PARTNERS, a Florida general
Nam ranted: partnership
By: LENNAR HOMES, INC., a Florida
corporation, pursuant to Power of Attorney
recorded in Official Records Book 27298,
we Printud Page 824 of the Public Records of froward
County, id!.
By:
Doyle D. Dudley, V President
STATE OF FLORIDA )
COUNTY OF �11 GLSBokau&
The foregoing instrument was acknowledged before the tMe day of October, 2002, by
Doyle D. Dudley, as Vice President of Lennar Homes, Inc., on behalf of the corporation, who is
e or has produced as
identification,
at
JOANNMN
MY COW SSM KC 94 W
t7(pIRES: No�rombxZB, 2G01
Isola llrw tklry title ualrraen
OR BX 34010 PG 1273, Page 3 of 4
8
a
EXHIBIT "A"
1. Real property and school taxes and assessments for year 2002 and thereafter;
2. Conditions and restrictions of record that are common to the subdivision or neighborhood;
3. 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 Plat of
ROCKFORD, as recorded in Plat Book 151, Page 37, of the public Record@ of Broward
County, Florida.
6. Revocable License Agreement recorded in Q.R. Book 22079, Page 666.
7. Recreational Impact Agreement recorded in O.R. Book 19552, Page 39.
6. Road Impact Agreement recorded in O.R. Book 19581, page 1.
9. Power of Attorney recorded in O.R, Book 27298, Page 824 and 827.
10. Restrictions, covenants and conditions as contained in the Agreement to Compromise, Settle,
- Ralease and Discharge all Claims and Obligations recorded in O.R. Book 8409, Page 145.
11. Restrictions, covenants and conditions as contained- in the CATV Agreement attached to
Affidavit recorded in Q.R. Book 15880, Age 879, Assignment of Easements and Agreements
recorded in O.R. Book 15880, Page 900 and Affidavit recorded in O.R. Book 19575, Page 724.
12. Restrictions, covenants and conditions as contained in Agreed Final Order Approving
Stipulation and Settlement Agreement recorded in 0,11. Book 20225, Page 649,
13. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of
KING POINT REPLAT, as recorded in Plat Book 156, Page 3, of the Public Records of
Broward County, Florida.
14, Agreement between Broward County and Lennar Homes, Inc. Phasing the Installation of
Required Road Improvements Relating to Kings Point Replat, as recorded in Q.R. Book
22005, Page 924.
15, Restrictions, conditions, reservations, easements, and other matters contained on the Plat of
EXETER, as recorded in Plat Book 150, Page 46, of the Public Records of Broward County,
Florida.
16. Kings Point Landscape Agreement as contained in the instrument recorded in O.R. Book
25253, Page 520.
17. Reservations is favor of the State of Florida, as set forth in the deed from the Trustees of the
Internal Improvement Fund of the State of Florida, recorded in Deed Book 114, Page 365,
OR BK 34010 PG 1274, Page 4 of 4
and Deed No. 18928, recorded in Deed Book 466, Page 142, as affected by the instrument
recorded in O.R. Book 6301, Page 623.
18. Reservations in favor of Board of Commissioners of Everglades Drainage District as
contained in Deed No, 223, recorded in Deed Book 437, Page 326, as affected by the
instrument recorded in O.R. Book 4096, Page 663, and O.R. Book 6085, Page 619.
19. Covenants, conditions and restrictions recorded 211/77, in O.R. Book 6892, Page 911,
20. Tamarac Utilities West, Water and Sewer Utility Easement contained in instrument
recorded 6/5/89, in O.R. Book 16491, Page 977.
21. Irrevocable Option contained in instrument recorded 12/28/89, in O.R. Book 17041, Page 478.
22. Private Ingress and Egress Easement as net forth i,n instrument recorded in O.R. Book
17041, Page 482.
.23. Restrictions, covenants and conditions as contained in the Agreement with Tamarac Utilities
recorded in O.R. Book 4057, Page 961; as partially released in O.R. Book 4626, Page 668 and
O.R. Book 5466, Page 182.
24. 'Twenty foot easement for utility, drainage and canal maintenances as recited by deed
recorded in O.A. Book 8149, Page 711.
25. Restrictions, covenants and conditions as contained in the Agreement to Limit Constructions
of Dwelling Unite recorded in Q.R. Book 5642, Page 33.
26. Recreational Impact Agreement recorded in O.R. Book 22005, Page 910,
FTL1 #605839 v1
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
TAMARAC SPORTS COMPLEX
through the
BROWARD COUNTY CHALLENGE GRANT PROGRAM
(GOVERNMENTAL ENTITY FORM)
INDEX
ARTICLE
PAGE
1
DEFINITIONS AND IDENTIFICATIONS
2
2
SCOPE OF SERVICES
2
3
TERM AND TIME OF PERFORMANCE
3
4
COMPENSATION
3
5
LIABILITY
5
6
INSURANCE
6
7
TERMINATION
6
8
FINANCIAL STATEMENTS
7
9
MISCELLANEOUS
8
EXECUTION PAGES
14,15
EXHIBIT A
PROJECT GUIDELINES
16
EXHIBIT B
PROJECT DESCRIPTION
19
EXHIBIT C
EVIDENCE OF TITLE OR LEASEHOLD INTEREST
20
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
BROWARD COUNTY CHALLENGE GRANT PROGRAM
This Agreement, made and entered into by and between BROWARD COUNTY, a
political subdivision of the state of Florida, hereinafter referred to as "COUNTY,"
and
CITY OF TAMARAC, a municipal corporation of the state of Florida, hereinafter
referred to as "CONTRACTOR."
WHEREAS, pursuant to the passage by the Broward County electorate of the 2000
Broward County Safe Parks and Land Preservation Bond Issue, Twenty Million Dollars
($20,000,000) has been allocated for the Challenge Grant Program to benefit municipal
parks and recreation systems within the geographic boundaries of Broward County and
eligible nonprofit organizations that operate recreation facilities within the geographic
boundaries of Broward County; and
WHEREAS, on June 22, 2004 Item #75, the Board of County Commissioners
recommended use of unallocated County District Commissioner Discretionary Bond funds
for any appropriate activity under the 2000 Broward County Safe Parks and Land
Preservation Bond Program and its implementing regulations; and
WHEREAS, the Board has determined that the Challenge Grant format is an
appropriate mechanism by which to disseminate these Discretionary Funds for activities
consistent with the Challenge Grant program; and
WHEREAS, the Board of County Commissioners has determined that these
expenditures serve a COUNTY and public purpose and are authorized by the 2000
Broward County Safe Parks and Land Preservation Bond Program; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - Agreement shall mean this document and other terms and conditions
which are included in the exhibits and documents that are expressly incorporated by
reference.
1.2 Board - The Broward County Board of County Commissioners.
1.3 Contract Administrator - The Director of the Broward County Biological Resources
Division, or the designee of such Director. The primary responsibilities of the
Contract Administrator are to coordinate and communicate with CONTRACTOR and
to manage and supervise execution and completion of the Scope of Services and
the terms and conditions of this Agreement as set forth herein. In the administration
of this Agreement, as contrasted with matters of policy, all parties may rely on the
instructions or determinations made by the Contract Administrator; provided,
however, that such instructions and determinations do not change the Scope of
Services of this Agreement.
1.4 County Attorney -The chief legal counsel for COUNTY, who directs and supervises
the Office of County Attorney pursuant to Section 2.10 of the Broward County
Charter.
1.5 Grant Program am - The allocation of County District Commissioner Discretionary Bond
funds under the 2000 Broward County Safe Parks and Land Preservation Bond
Program to be utilized for Challenge Grant awards to eligible municipalities and
eligible nonprofit organizations within the geographic boundaries of Broward County,
Florida, under the Grant Program guidelines (Exhibit "A" attached hereto).
1.6 Match - For the purposes of this Agreement, "Match" is defined as the monetary
contribution that CONTRACTOR is guaranteeing to spend on the Project. In the
event CONTRACTOR anticipates its Match funding from an outside source, e.g.
grant program, CONTRACTOR is responsible for Match funding even if the outside
funding source contribution is not received by CONTRACTOR.
1.7 Project - The Project consists of the services described in Article 2.
ARTICLE 2
SCOPE OF SERVICES
2.1 CONTRACTOR shall perform all services identified in this Agreement, the Grant
Program Guidelines attached hereto as Exhibit 'A" the Grant Project Description,
Grant Project Timetable /Schedule, and Grant Project Cost/Budget attached hereto
as Exhibit "B," and evidence of Project site ownership or lease attached hereto as
Exhibit "C". The parties agree that the Scope of Services is a description of
CONTRACTOR'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 CONTRACTOR impractical, illogical, or
unconscionable.
2.2 The Contract Administrator may approve changes to the Scope of Services, Project
description, unit of services, and changes within the categories of expenditures
listed in Exhibit "A", provided that the total grant dollars awarded to CONTRACTOR
remains unchanged, 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.
2.3 CONTRACTOR 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.
CONTRACTOR 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 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall end three (3) years after this Agreement is fully executed.
CONTRACTOR may request up to two (2) extensions of up to one (1) year each for
its performance completion of the Project, subject to approval by COUNTY
Administrator. Any extension request shall be in writing and delivered to the
Contract Administrator at least sixty (60) days prior to the end of the term.
3.2 CONTRACTOR agrees that it will comply with the construction time table included in
Exhibit "B," attached hereto, excepting bona fide force majeure delays.
ARTICLE 4
COMPENSATION
4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3, the
total amount not to exceed of Three Hundred Thousand Dollars 300 000 for
Project pursuant to this Agreement. It is acknowledged and agreed by
CONTRACTOR that this amount is the maximum payable and constitutes a
limitation upon COUNTY's obligation to compensate CONTRACTOR for services
and expenses related to this Agreement. This maximum amount, however, does
not constitute a limitation, of any sort, upon CONTRACTOR's obligation to perform
all items of work required by or which can be reasonably inferred for the Project
from the Scope of Services. CONTRACTOR either [check one] X has allocated
matching funds in their Capital Improvement Program in the amount of $5,200,000
as specified in Exhibit "A," and pursuant to the Grant Program criteria, or will
not be providing matching funds pursuant to the Grant Program criteria.
4.2 The Contract Administrator is responsible for ensuring performance of the terms
and conditions of this Agreement and shall approve all requests from
CONTRACTOR for payment prior to payment being made. CONTRACTOR shall
furnish to the Contract Administrator a copy of the Project's construction contract(s)
within fifteen (15) days of full execution of same.
4.3 METHOD OF BILLING AND PAYMENT
4.3.1 CONTRACTOR may submit an invoice(s) for payment on this Project after
the Project has been completed in each of four (4) segments as follows:
Twenty-five Percent (25%) of the total COUNTY
payment set forth in Section 4.1 above after completion
of Twenty-five Percent (25%), Fifty Percent (50%),
Seventy-five Percent (75%) and One Hundred Percent
(100%) of the Project's development, minus the
retainage amount described in Section 4.4 below. The
amounts withheld, including retainage, shall not be
subject to payment of interest by COUNTY.
The final invoice must be received no later than sixty (60) days after this
Agreement expires. Invoices shall designate the nature of the services
performed and/or the expenses incurred. CONTRACTOR agrees that it shall
allocate no more than Twelve Percent (12%) of the total COUNTY payment
to the Project's architectural/engineering costs.
4.3.2 Documentation as required in Exhibit "A" must accompany any request for
payment. Invoices shall be certified by CONTRACTOR's authorized official.
4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of receipt
of CONTRACTOR'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 CONTRACTOR to comply with a
term, condition, or requirement of this Agreement.
4.4 COUNTY shall retain Ten Percent (10%) of the total COUNTY portion of the Project
amount until the Project is completed pursuant to this Agreement and the attached
Exhibits. The retained amount shall be paid to CONTRACTOR in the same manner
and under the same conditions and requirements as those for the final payment of
COUNTY's portion of the Project amount. For example, if the amount of COUNTY's
grant to CONTRACTOR for the project is Two Hundred and Fifty Thousand Dollars
($250,000.00), Twenty-five Thousand Dollars ($25,000.00) will be retained until
Project completion. Should matching funds as described in Sections 1.6 and 4.1
above be part of the Project, the retained Ten Percent (10%) of COUNTY's portion
shall not be paid until CONTRACTOR has obtained the matching funds amount and
has applied same to the Project.
4.5 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 Contract Administrator. The amount
withheld shall not be subject to payment of interest by COUNTY.
4.6 If it becomes necessary for COUNTY to demand a refund of any or all funds paid to
'CONTRACTOR pursuant to this Agreement, CONTRACTOR agrees to remit said
funds to COUNTY within sixty (60) days after notification by COUNTY of the reason
for the demand for repayment. If not returned within sixty (60) days, CONTRACTOR
understands and agrees that any further CONTRACTOR requests for funding, as to
this or any other program under COUNTY's administration, may be denied until the
funds have been returned.
4.7 This Agreement strictly prohibits the expenditure of funds for the purpose of
lobbying the Legislature, the judicial branch, or a state agency.
4.8 Payment shall be made to CONTRACTOR at:
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
ARTICLE 5
LIABILITY
CONTRACTOR is a municipal corporation existing under the laws of the state of
Florida, as defined in Chapter 768.28, Florida Statutes, and agrees to be 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 6
INSURANCE
CONTRACTOR is a municipal corporation existing under the laws of the state of
Florida, as defined by Section 768.28, Florida Statutes, and CONTRACTOR shall furnish
the Contract Administrator with written verification of liability protection, in accordance with
state law prior to final execution of this Agreement.
ARTICLE 7
TERMINATION
7.1 This Agreement may be terminated for cause by action of the Board or by
CONTRACTOR 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 Contract Administrator. This Agreement may also be
terminated by the Contract Administrator upon such notice as the Contract
Administrator deems appropriate under the circumstances, in the event the Contract
Administrator determines that termination is necessary to protect the public health,
safety, or welfare.
7.2 Notice of termination shall be provided in accordance with the "NOTICES" section of
this Agreement, except that notice of termination by the Contract Administrator
which the Contract Administrator deems necessary to protect the public health,
safety, or welfare may be verbal notice which shall be promptly confirmed in writing
in accordance with the "NOTICES" section of this Agreement.
7.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall be
paid for any services performed to the date this Agreement is terminated; however,
upon being notified of COUNTY's election to terminate, CONTRACTOR shall refrain
from performing further services or incurring additional expenses underthe terms of
this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars
($10.00) of the compensation to be paid by COUNTY, the adequacy of which is
hereby acknowledged by CONTRACTOR, is given as specific consideration for
COUNTY's right to terminate this Agreement for convenience.
7.4 COUNTY shall have the right to terminate this Agreement and demand refund of
grant funds provided to CONTRACTOR for noncompliance with the terms and
conditions of the Grant Program guidelines. Failure to comply with these terms and
conditions shall result in COUNTY declaring CONTRACTOR ineligible for further
participation in the Grant Program until such time as CONTRACTOR complies
therewith.
T5 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 9.1 of Article 9.
ARTICLE 8
FINANCIAL STATEMENTS
8.1 Within one hundred twenty (120) days after the expiration of this Agreement,
CONTRACTOR shall provide to COUNTY two (2) copies of a schedule of revenues
and expenditures and special report on specific accounts to account for services
and/or projects during CONTRACTOR's fiscal years for which funds were provided.
The report shall be prepared by an independent certified public accountant or
CONTRACTOR's internal auditor in a form acceptable to COUNTY's Commission
Auditor. The schedule of revenues and expenditures shall include:
a. All revenues relating to the services and/or Project classified by the source of
the revenues.
b. All expenditures relating to the services and/or Project classified by the type
of expenditures, to include the criteria set forth in Exhibits "A" and "B" of this
Agreement.
8.2 If the special report is prepared by an independent certified public accountant, it
shall be in accordance with Section 623 of the Codification of Statements on
Auditing Standards as promulgated by the American Institute of Certified Public
Accountants. If the special report is prepared by CONTRACTOR's internal auditor,
it shall be as nearly in accordance with those sections as the status of the internal
auditor permits, realizing that the internal auditor may not issue the opinions
required therein. A transmittal letter signed by CONTRACTOR's internal auditor
must accompany the special report. The special report shall include:
a. The statement, "No funds, including interest earned on such funds, are due
back to the County" or, it shall include a listing of funds, including interest
earned on such funds, which are due back to COUNTY.
b. An opinion (finding, in the case of an internal auditor) as to whether the funds
received under the applicable grant agreement with COUNTY have been
expended in accordance with this Agreement.
8.3 The special report shall include all requirements of Section 8.2 above for the entire
scope of the services or Project covered by this Agreement, even if a part of the
services or Project were performed during the previous fiscal year(s) or continue
past the end of CONTRACTOR's current fiscal year.
8.4 Any corrections to the special report requested by COUNTY shall be made and
submitted to COUNTY, in writing, within sixty (60) days after written request is
received.
8.5 Failure of CONTRACTOR to meet these financial reporting requirements shall result
in suspension of payment under this Agreement or any subsequent grant
agreement in effect and disqualify CONTRACTOR from obtaining future grant
awards until such financial statements are received and accepted by COUNTY.
8.6 CONTRACTOR acknowledges submission of financial statements to any other
Broward County office, agency, or division does not constitute compliance with
requirements to submit that material to the Contract Administrator for this
Agreement.
8.7 CONTRACTOR agrees to reimburse COUNTY any and all funds not used in strict
compliance with this Agreement.
ARTICLE 9
MISCELLANEOUS
9.1 OWNERSHIP OF DOCUMENTS
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 CONTRACTOR, whether
finished or unfinished, shall become the property of COUNTY, and shall be
delivered by CONTRACTOR to the Contract Administrator within seven (7) days of
termination of this Agreement by either party. Any compensation due to
CONTRACTOR shall be withheld until all documents are received as provided
herein.
9.2 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 CONTRACTOR that are related to this Project.
CONTRACTOR shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to this Project.
CONTRACTOR 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, Fla. Stat.),
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 CONTRACTOR's records,
CONTRACTOR shall comply with all requirements thereof; however, no
confidentiality or non -disclosure requirement of either federal or state law shall be
violated by CONTRACTOR. 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.
9.3 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND
AMERICANS WITH DISABILITIES ACT
CONTRACTOR 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.
CONTRACTOR'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 162), 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.
CONTRACTOR 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, CONTRACTOR 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.
CONTRACTOR 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 162), 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.
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code,
Chapter 162) in performing the Scope of Services or any part of the Scope of
Services of this Agreement.
9.4 INDEPENDENT CONTRACTOR
CONTRACTOR is an independent contractor under this Agreement. Services
provided by CONTRACTOR pursuant to this Agreement shall be subject to the
supervision of CONTRACTOR. In providing such services, neither CONTRACTOR
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.
9.5 THIRD PARTY BENEFICIARIES
Neither CONTRACTOR 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.
9.6 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 Biological Resources Division
1 North University Drive, Suite 301
Plantation, Florida 33324
FOR CONTRACTOR: With a copy to the City Attorney_ at the
following address: -
City Manager 7525 NW 88th Avenue
City of Tamarac Tamarac, Florida 33321
7525 NW 88 Avenue
Tamarac, Florida 33321
9.7 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract any
portion of the work required by this Agreement except as authorized by Exhibit "A."
CONTRACTOR 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 Scope of Services and to provide and
perform such services to COUNTY's satisfaction for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s), provided to or on behalf of
CONTRACTOR, shall be comparable to the best local and national standards.
9.8 CONFLICTS
Neither CONTRACTOR nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with CONTRACTOR's loyal and conscientious exercise
of judgment related to its performance under this Agreement.
CONTRACTOR 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
CONTRACTOR or any other persons from representing themselves in any action or
in any administrative or legal proceeding.
In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written contract, from having any conflicts within the meaning of
this section.
9.9 AMENDMENTS
Except for the provisions set forth in Article 2, 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 CONTRACTOR.
9.10 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.
9.11 COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all federal, state, local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations
related to this Agreement.
9.12 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 CONTRACTOR 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.
9.13 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.
9.14 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.
9.15 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.
9.16 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
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 9.9
above.
9.17 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits "A", "B" and "C" are incorporated into and
made a part of this Agreement.
9.18 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be fully executed by all parties, each of which
shall be deemed to be an original.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,
signing by and through the 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:
Insurance requirements
approved by Broward County
Risk Management Division
COUNTY
BROWARD COUNTY, by and through its
County Administrator
At
Pamela Brangaccio, County Administrator
day of
411
Approved as to form by
Office of the County Attorney
JEFFREY J. NEWTON, COUNTY ATTORNEY
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
Maite Azcoitia
Deputy County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR
BROWARD COUNTY CHALLENGE GRANTS PROGRAM
WITNESSES:
ATT ST: ,f
i
City Clerk
(CORPORATE SEAL)
C99
8/02/01
CONTRACTOR
CITY OF TAMARAC
By
(inseA title)
day of a�- 20Q.
� Wa,-'T�ITED AS TO FORM:
r
r
Attorney
EXHIBIT "A"
GRANT PROGRAM GUIDELINES
Project title: Tamarac Sports Complex
II. Scope of Project:
A. CONTRACTOR agrees to construct the Project known as Tamarac Sports
Complex, in accordance with the plans and specification prepared by, or
under the supervision and review of, a registered professional architect,
engineer, or other appropriate professional. These elements are identified in
the Project description which is attached to this Agreement as Exhibit "B."
B. CONTRACTOR is responsible for obtaining all state, federal, and local
permits, licenses, agreements, leases, easements, etc., required for the
Project, and for following applicable state, federal, and local statutory
guidelines regarding the procurement of professional services.
C. CONTRACTOR shall erect a permanent sign acceptable to the Contract
Administrator identifying the 2000 Broward County Safe Parks and Land
Preservation Bond Program and COUNTY as a funding source of Project
construction. (Please see attached sample sign and sample sign
specifications.)
III. Required Documentation for Services Rendered:
A. The Contract Administrator is responsible for ensuring performance of the
terms and conditions and shall approve all payment requests prior to
payment. CONTRACTOR shall submit to the Contract Administrator signed
quarterly Project status reports on a calendar basis summarizing work
accomplished, problems encountered, percentage of completion, and other
appropriate information. Photographs shall be submitted when appropriate
to reflect work accomplished. CONTRACTOR shall furnish to the Contract
Administrator a copy of the Project's construction contract(s) within fifteen
(15) days of full execution of same.
B. Upon Project completion, the engineer, architect, or other appropriate
professional shall sign a statement certifying satisfactory completion of the
Project in accordance with the prepared plans and specifications.
C. Upon Project completion, CONTRACTOR shall also submit a site plan (as -
built), list of construction facilities and improvements, and color photographs
reflecting the work accomplished.
IV. Matching Funds (if applicable):
Pursuant to Section 4.1 of the Agreement (if applicable), CONTRACTOR has
allocated matching funds in their Capital Improvement Program in the amount of
$5,200,000.
V. Bond Program Guidelines
A. Grants for up to Two Hundred Thousand Dollars ($200,000.00) require no
cash match.
B. Grants from Two Hundred Thousand and One Dollar ($200,001.00) to Five
Hundred Thousand Dollars ($500,000.00) require a minimum Twenty-five
Percent (25%) cash match from CONTRACTOR.
C. Applicants cannot have more than a maximum of three (3) grants of up to
Five Hundred Thousand Dollars ($500,000.00) each.
D. Grant monies must be spent within a five (5) year time limit from the date of
the County Administrator's approval of the Agreement.
E. All grant funds are to be paid on a reimbursement basis pursuant to the
completion points, percentages formulas and retainage language set forth in
Article 4 of the Agreement.
F. Access to the Project by municipal residents and nonresidents alike will be
nonexclusionary.
G. All Project sites are to be owned by CONTRACTOR or have a lease of a
minimum of Twenty-five (25) years. CONTRACTOR shall be required by the
Contract Administrator to show proof of ownership or leasehold status.
H. All Projects will remain in public parks and recreation use for a minimum of
Twenty-five (25) years.
Funds can be used for outdoor and indoor recreation facilities.
J. All applicants will provide a resolution from their governing board in support
of the proposed Project.
K. Non-profit organizations applying for grants must obtain a resolution of
approval from the municipality in which the Project is located.
L. Projects will be consistent with recognized parks/recreational standards for
similar facilities.
M. Applicants must be sufficiently capable and qualified to complete the
proposed Project, and thereafter, operate and maintain the Project's facility.
N. No Grant Program funds are to be used for recreation programming and
operational costs.
O. All applicants will be required to submit an application to the Contract
Administrator.
EXHIBIT "B"
GRANT PROJECT DESCRIPTION
The Tamarac Sports Complex is located in the western and most rapidly growing
section of the City. The park consists of two soccer fields, a baseball field, multi-
purpose field, roller -hockey rink, tennis and basketball courts, and a playground. Due
to the influx of new residents, the park is inadequate to meet the outdoor recreational
needs of the population and must be expanded.
Renovation and expansion of the Sports Complex will allow the City to expand the park
and provide a wider range of outdoor recreational opportunities for its residents on the
adjacent, vacant parcel that the City acquired.
The grant funds will support capital improvements of the site. The city will complete the
following activities and be reimbursed for the activities up to the cost of the grant award.
The city will provide $5,200,000 in matching funds from their Capital Improvement
Program to complete other site improvements.
The expected completion date of the project is January 2008.
Restroom
$200,000
Parking lot
$50,000
Universal playground
$30,000
Fishing pier
$20,000
Total
$300,000
EXHIBIT "C"
(Real Property Document(s) re property title or leasehold interest)
(Per Exhibit "A")
(To be inserted)
GALAND_PRESERV\CHALLENGE
GRANTS\DCDF_CHALLENGE_GRANTS\TAMARAC\CHALLENGE_GRANT_DCDF_TAMARACSPORTSCOMPLEX082206.DOC
Broward County Property Appraiser's Network
Page 1ofI
�s + &
P E R T Y
RAISER
IMPORTANT: If you are looking to purchase this property, the tax amount shown may have no relationship to
the taxes you will pay.
Please use our Tax Estimator to determine a more likely estimate of your new amount.
�'t#�`�l'1��� twli��;'„i` i�lrl:�.�;�� tt':$i"I' ix7lw�� ���i311� �1�'►'S� �9.�!ii�
Click here to display your 2005 TRIM notice.
Site Address
Property Owner I CITY Of TAMARAC
Mailing Address 17525 NW 86 AVE FT LAUDERDALE FL 33321
ID #
494106 00 0011
Miilage
3122
Use
89
Legal
Description
6-49-41 THAT PT OF SEC 6 LYING N OF SOUTHGATE BLVD & THAT PT OF SEC 6
LYING W OF NW 112 AVE LESS PT DESC IN OR 12245/856 FOR EXPRESSWAY & LESS
IPT DESC IN OR 12481/492 FOR PAR 135.1B & LESS PT DESC IN 13422/107
Property Assessment Values
Year
Land
Building
Land Value AG •
Total
Tax
Current
$ 195,760
$ 195,760
2004
$ 195,760
$195,760
2003
$ 195,760
$ 195,760
Save Our
Home Value
Exemptions
Type
114
Widow(er)'s/Veteran's/Disability
Homestead
Non -Exempt
$ 195,76p
Sales History
Land Calculations
Date
Type
Price
Book
Page
price
Factor
Type
QCD
36245
777
$4.360.00
44.9
AC
10/02
TXD
35316
1818
Adj. Bldg.
S.F. 4--
Special Assessments
Fire Garbage Light Drainage Improvement Safe
Please Note: Assessed values shown are NOT certified values and are
subject to change'before final certification for ad valorem tax purposes.
http://www.bepa.net/Includes/Inc_RecInfo.cf-n 9/14/2005
n.
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7" 22068
LEADERSHIP HOUSING, INC.,
Made Assltth day of October A. D. iq-n6I oRti� a Delaware Corporation,
and SIMe?N ZUW MON, the Trustee under Provisions o>: a Certain Trust
Agraemetnt dated December 1, 1972. and known As Trust No. 101,
of the County of 9ROWARD . !a the Ste,. of rWRI1u1 . Portion of eke fiat Pow, and
%1M CITY OF TAM MC, a municipal Corporation,
of eke County of 91 WARD . In the St... of FLORIDA Whets pawl of fire addiems If
5811 N.K. 80th Avenue, Tamarac, Tlorida 33311,
pays V of Ike eon d pays.
lobtSStti{r Thal Rho aetd pert of Ike lint part, few and in eonndepelian of 1Ae ,urn of,
TER ($10.00)-----..--------.,,..---------«-------- ------ Donors,
to them M hand paid 6y the said nary of Iho towed pal. the r.telpt Wke►oo/ It here6t ■chnnwl-
rdtred. have er+ngd. "Mined, and meld m the sad party of the medond O&M. its suece s
end artiesne forever• the fallewtna derarhed laid• allueW. and 6Nnq in the County of BROWAHD
SI.t. of FWAICA , so -wit,
Four (4) 'tracts Of land, respectively described
upon Exhibits A, a, C and D i4maxed hereto,
all of which are lying, being and situate in
aroward County, ]Florida;
Subject to All matters at record, except
mortgages, liens and other monetary
ancumibrancee .
ClrrF HH1
N
tF pLORIDA , sir"• �• .
*yns•iei�.� Q. 5
Man..: u.�r
And she eased pare ism of 16 f Inl Part do hereby feslly Wa„,ant Rho title to meld lend. and wtildefend the
None aoeunaat Ike lawful ehdrm of all omens Whanuwwr.
b WitnESS ill MOt, The w,d Paul ies of the [,no peal have kerew,l• tat their
heads aid realm the dry end year f,rel abaue urethan.
LEADrRSHIP KOUJI iG. INC..
Stoned, to" end 46r"d In the pnamre e a Delaw do cIS(�o ntiOn
•Yrl�/rrJ �.%r,r� L •.g..x1t11STN�ir'�s'i3�ri£._...
.• r, f
�. 5—.9.�a1 .. ....... ...s..il...:nl... ........ .... N..�tYtYA6d0i� a rruocoa uaaezr
Provisions of certain Trust
arATtOFnn n. Aqregiment data December 1, 1971,
COUNTY Of BAOWA" attd known as Trust No. 101
I RCIItaY CKRTlrV tbal on 9" Jet, bdeee iris, ar
officer duty artlwiatd in the Bute dem-44 end is 04 Can.q dereeeid to uke .e)tawkaecerwce, prww.Hr afpeartd
LON B. RUBIN, President
of LEADERSHIP ROUSING, INC.. a Delaware Corporation,
ie tee aorea to be tee "Mate 4ettri6ed in ued vbo eeatrud the taee.tne irruewnt and he uX o..lW W
before me we he ncatted the "me.
WITW9SS my hand and clliaial wet is the Cauniy rind Mute t.rt a(erewid this of mot ' Jet of
cr) c Z. i.. ►. A. D. It 7 L
yatK, s..'k of, denial. re a•...
- Thi {ended by A—ft~ iat ♦ c.ttr,, C.-
77•u haturrmt prrpaxd by:
II •4dJrru
l4-w "
s lnytivment Vl.1s r fcral:e i;y1
ARTHU71 J. %=RK
Attorney at loan
Suile eal
1 M 01;rkCil AVP,
Miami, Flo. 33131
w
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nl
L.:
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bVvtl& i Vi I.VVA
I KEPMY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to takt.
acknowledgments, personally appeared SIMON Zi7kt!MXt as Truotse under
Provisions of a certain Trust Agreement dated December 1. 1972, and
known as Trust No. 101, to = known to be the person desaribad in and
who executed the foregoing instrument and he acknowledged before me
e that he executed the es,ae.
WITNESS my hand and off is Seal in the County, and Stiff-'layst
aforesaid this /� day of 1976.
%r
MY COMMISSION EXPIRES: fie, /A74
Notary Public'..:a;'�
state of Illinois at I:arge
1+
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MAXT a
pan 1
1 PU12TION OF SECTION 6, TOWNSHIP 49 SOUTH, RANGC 41 EAZT. BROWAAC CIIUI2TY.
•LOQIOA ArIO TOGETHCR WIT11 A PORTION of FLORiOA FRUIT LANOS COMPANY SQUw
IIVISION NO. 2 OF SECTION S. TOWNSHIP 49 SOUTH, RANGE" &I EAST ALCOnOI NG
Co 111C PLAT Ti1ERCOF. AS RECOROL'D IN PLAT BOOK 1. PAGE 102 OF YMQ PUULIC
4ECOnDS OF PALM BEACH COUNTY. FLORIDA. BEING MORE FULLY OESCRID90 AS
=OLLOW51
:OMMCNCING AT Trie NOnTHGAST COP114CM OF SAID ,SECTION 61-T"rNCU.S 00'06140.1' [.
,.LONG THE EAST LINE OF SAID SECTION 6, A DISTANCE Or 327.4.00 FEET TO Ti< PO1N
7r UECINNINGI THtNC,E S 60'29'53" E. A DISTANCE OF 54.53 FEET1 TrFNCE S 4u*27
22 " W. A DISTANCE OF 575.19 FEV I THENC9 S 00'32'TZ" W. A VISTA14CE UP 336.0
r EST TO AN INTe4l SECTION WITH THE ARC OF A CIRCULAR CURVE TO THC RIGr.T, w11OSE
7AOIUS POINT BEARS. N 08.32'22 " E. FROM THC LAST OESCRIUED POINT, THENCE
WESTERbY AND NOr7TH2111,Y, ALONG THE ARC OF SAID CURVE HAVING A AADly$ G.' 1600.0
FCCT. AN ARC 015TANCE OF 45.10 FEET TO T►ME POINT OF TANGLNCY1 THTiNCC I: 10'50'
44" W. A DISTA2/CC or 511.66 pE%T TO AN SNTEnUCCTION WITH THE ARC Or A f.inCU-
LAA CURVE TO THE RIG11T, W1+0SE RADIUS POINT OEAAS S 78'411'09'.' E, Fn014 T1ir LAS
"FSCAIBC:D POINTI THENCE NORTHERLY AND EASTERLY, ALONG THE ARC OF SAID CURvE
VING A RADIUS OF 2347,00 FEET. AN ARC DISTANCE OF 752.53 FEET TO THE POINT
TANGENCY, Tkzl4CE N 29'30'0711 E. A DISTANCE OF 342'.76 FECT1 THENCE S 60*
29'S7" C. A DISTANCE OF 636.24 FEET TO THE POINT OP BEGINNING, CONTAINING
14�......110ACRES, MORE OR LESS.
jjrr5 —,,-AND SITUATE. LYING AND BEING IN BROWAAO COUNTY, FLORID.A.
7�
1.7
J'
E1zizr B
?jc;q 2
011111 ION OF SECTION 6, TOWN3tiIP At SOUTM. RANGE 41 EAGT, BAOWAI40 C41,w'Y,
Urt 1I1A AND TOGCT,rCn W I TH A PORTION OF FLOR IOA FRUIT LA110$ CONVANY Suu .
.VIa1074 NO. 2 OF SECTION 5, TOwNS11IP 49 SOUTH. RAN6C 41 CAsr AI.CGr11.11!'1,
, IL P4AT THERCOF, AS RECOROaq IN P4AT BOOK 1 , PAGE 102 OF Toil' P1JI)LIC ,COW -'IS OP 'PALM BEACH COUNTY, FLORIOA, !BEING MORE FULLY ORSCRi921D AS
JLLC1wS.
1NMI:LACING AT THL NORTHEAST CORNER OF SAID SECTION '61 TJICNCE S 00-C,60 .., • 1
.ONG Trig EAST LINE Or SAID SECY1nN •6. A DISTANCE Or-3357,12 PCCT 70 1'IL �•
,:NT fir olIGINNINGt TPIENCE N 40'271221+ E. A DISTANCE OF 72.90 FCETi TIt4r,f,E
12'50'25." E, A DISTANCE 0I= 765.62 FEET TO AN INTERSECTION W17M TPIC AP( 00
4:JRC►,1.A17 CURVE TO TH[? RtGHT, WHOSE RADIUS POINT 11EA115 N J2*50128' 1 11. 1-140M
'C LAST OES,CRIOCD POINTI THCNCL 5OUTHERLY,AND WESTQRLY, 'ALONG THE APC (,r
rJ CURVE. HAVING A RADIUS OP 1600.00 FEEL. AN ARC DISTANCE OF 497,03 FELT1
IENCZ N ON'32'22'1 E. A OISTANGE OF 335.010 PEET1 ?HENCE N 401127'22 " i. A
STANCE or 902.29 FEET TO THR POINT OF BeGINNING.'CONTAINING 6.549 ACRES,
'RE OR LESS.
LAND SITUATE, LYING AND BEING IN BROWARO COUNTY, FLORIDA.
I ORI, PARRISH : IMPORTANT: If you are looking to purchase this property, the tax amount shown may have no
ITS T Tl�1f \I� relationship to the taxes you will pay,
-327
L&AWWAR
is- COUNTY r Please use our Tax Estimator to determine a more likely estimate of your new
•
.;ti, amount.
PREVx0i1S NEXT Y'3EW MAP PRINT NEW SEARCH aGPA HOME
Site Address
Property owner CITY OF TAMARAC
Mailing Address 15811 NW 88 AVE TAMARAC FL 33321.4449
10 #
494105 35 0030
Millage
3122
Use
00
Legal KINGS POINTE REPLAT 156-3 8 PARCEL R AKA: KINGS POINT ROCKFORD PARCEL
Description
Property Assessment Values
Year
Land Building
Land Value AG
Total Tax
Current
$ 3,122,680
$ 3,122,680
2004
$ 3,122,680
$ 3,122,680
2003
$ 3.122,680
$ 3,122,880
Exemptions
Save Our
Home Value Type 1A Widow(er)'sNeteran's/Disability
Homestead Nan -Exempt
$ 3,122,680
Sales History
Land Calculations
Date
Type Price
adoh
Page Price
Factor Type
1D/02
SWD
$ 3,850,000
340'10
1271
$4,76
657,407
SF
10197
WD"
$ 8,876.286
• 27263
149
Adj. Bldg. S.F.
Special Assessments
Fire Garbage Light Drainage Improvement Safe
Please Note: Assessed values shown are NOT certified values and are
subiect to change before final Certification for ad valorem tax purposes.
http://w,Nw.bepa.net/Includes/Inc_Recinfo,cfm 2/3/2005
CFN # 102367715, OR BK 34010 Page 1271, Page 1 of 4, Recorded 10/28/2002 at
11:43 AM, Broward County Commission, Doc. D $26950.00 Deputy Clerk 3075
This Instrument prepared by:
Gerald L. Knight, Esquire
Holland & Knight
One East Broward 131vd., 13th Floor
Fort Lauderdale, Florida 33301
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made the ,(, X day of October, 2002, by L ENNAR
3 LAND PARTNERS, a Florida general partnership. whose post office address is 1016 North State
Road Seven; Bay C, Royal Palm Beach, FL 33411, ("Grantor"), to CITY OF TAMARAC, a political
subdivision 'of the State of Florida , whose volt nffice address is 7525 NW 880' Avenue, Tamarac,
1�> Florida, and whose Tax I.D. Number is �� �/96�pID� � ("Grantee") (whenever
used hereunder the terms "Grantor" and "Grantee" include all the parties to this instrument and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of
corporations):
u
i WITNESSETH: That the Grantor, for and in consideration of the sum of Ten ($10,00)
-6 Dollars and other'valuable consideration, receipt of which is hereby acknowledged, hereby grants,
O bargains, Belle, aliens, remiaes, releases, conveys and confirms unto the Grantee, all that certain
1 land situate in Broward County, Florida, described as follows:
IcC Parcel R of KINGS POINT REPLAT, as recorded in Plat Book 156, Pafe 3 of the Public
Records of Broward County, Florida, a/k/a Kings Point Rockford Parcel ("Property"),
SUBJECT TO: See Exhibit "A" attached
SUBJECT TO restrictive covenant that the Property will be used for public purposes only.
NOTE: Tax Folio Number of said land is 19105-35.00300.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the Grantor hereby warrants the title to said lead and will defend the same against the
lawful claims of all persons claiming by, through or under the Grantor.
OR BK 34010 PG 1272, Page: 2 of 4
IN WITNESS WHEREOF, the Grantor has set Grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered
in o resence:
LENNAR LAND PARTNERS, a Florida general
Namt Printed: partnership
BY: LENNAR HOMES, INC., a Florida
corporation, pursuant to Power of Attorney
recorded in Official Records Boots 27298,
me Printer Page 824 of the Public Records of Broward
_� ___ County, ids.
By:
'Doyfe la. Dudley, IVY
V President
STATE OF FLORIDA
) as.:
COUNTY OF i t_t_ j;&OVO,1�
The foregoing instrument was acknowledged before the this day of October, 2002, by
Doyle D. Dudley, as Vice President of Lennar Homes, Inc., on behalf of the corporation, who is
erso me or has produced as
identification.
at
JO/ItMlYYAl1M
1`!1' CAAR,I1S5ioN r OG VB7t3Y
ppg1ES: NoMombat �!, 20D1
{pyre nr. MWry nAlruMwrdws
OR BX 34010 PG 1273, Page 3 of 4
EXHIBIT "A"
1. Real property and school taxes and assessments for year 2002 and thereafter;
2. Conditions and restrictions of record that are common to the subdivision or neighborhood;
3. Applicable zoning ordinances, if any;
4. Reservations for canal rights and road right of way of record;
5. Restrictions, conditions, reservations, easements, and other chatters contained on the Plat of
ROCKFORD, as recorded in Plat Book 151, Page 37, of the public Records of Broward
County, Florida.
6. Revocable License Agreement recorded in O.R. Book 22079, Page 666.
7. Recreational Impact Agreement recorded in O.R. Book 19552, Page 39.
$.. Road Impact Agreement recorded in O.R. Book 19581, page 1.
J. Power of Attorney recorded in O.R. Hook 27298, Page 824 and 827.
10. Restrictions, covenants and conditions as contained in the Agreement to Compromise, Settle,
Release and Discharge all Claims and Obligations recorded in Q.R. Book 8409, Page 145.
11. Restrictions, covenants and conditions as contained' in the CATV Agreement attached to
Affidavit recorded in O.R. Book 15880, Age 879, Assignment of Easements and Agreements
recorded in O.R. Book 15880, Page 900 and Affidavit recorded in O.R. Book 19675, Page 724.
12. Restrictions, covenants and conditions as contained in Agreed Final Order Approving
Stipulation and Settlement Agreement recorded in O.R. Book 20225. Page 649.
13. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of
KING POINT REPI.AT, as recorded in Plat Book 156, Page 3, of the Public Records of
Broward County, Florida.
19. Agreement between Broward County and Leaner Homes, Inc. Phasing the Installation of
Required Road Improvements Relating to Kings Point Replat, as recorded in O.R, Book
22005, Page 924.
15. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of
EXETER, as recorded in Plat Book 150, Page 46, of the Public Records of Broward County,
Florida.
16, Kings Point Landscape Agreement as contained in the instrument recorded in O.R. Book
26253. Page 520.
17. Reservations is favor of the State of Florida, as set forth in the deed from the Trustees of the
Internal Improvement Fund of the State of Florida, recorded in Deed Book 114, Page 365,
OR HK 34010 PG 1274, Page 4 of 4
a
and Deed No. 18928, recorded in Deed Book 466, Page 142, as affected by the instrument
recorded in O.R. Book 6301, Page 623.
18. Reservations in favor of Board of Commissioners of Everglades Drainage District as
contained in Deed No. 223, recorded in Deed Book 437, Page 326, as affected by the
instrument recorded in O.R. Book 4008. Page 563, and O.R. Book 6085, Page 619.
19. Covenants, conditions and restrictions recorded 2/1177, in O.R. Book 6892, Page 911.
20. Tamarac Utilities West, Water and Sewer Utility Easement contained in instrument
recorded 615/89, in 0,13. Book 16491, Page 977.
21. Irrevocable Option contained in instrument recorded 12/28/89, in O.R. Book 17041, Page 478.
22. Private Ingress and Egress Easement as net forth in instrument recorded in U.R. Book
17041, Page 482.
23. Restrictions, covenants and conditions as contained in the Agreement with Tamarac Utilities
recorded in O.R. Book 4067, Page 961; as partially released in O.R. Book 4626, Page 668 and
O.R. Book 5466. Page 182.
24. Twenty foot easement for utility, drainage and canal maintenances ae recited by deed
recorded in U.R. Book 8149, Page 711.
25. Restrictions, covenants and conditions as contained in the Agreement to Limit Constructions
of Dwelling Unite recorded in O.R. Hook 5642, Page 33.
26. Recreational Impact Agreement recorded in O.R. Book 22005, Page 910,
FTL1 #606839 v1
INSTR # 106589113 / d
OR 6K 43097 Pages 1814 - 1845
RECORDED 11/13/06 10:22:23
[3ROWARD COUNTY COMMISSION
DEPUTY CLERK 1034
#3, 32 Pages
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
TAMARAC SPORTS COMPLEX
through the
BROWARD COUNTY CHALLENGE GRANT PROGRAM
(GOVERNMENTAL ENTITY FORM)
0
INDEX
ARTICLE
PAGE
1
DEFINITIONS AND IDENTIFICATIONS
2
2
SCOPE OF SERVICES
2
3
TERM AND TIME OF PERFORMANCE
3
4
COMPENSATION
3
5
LIABILITY
5
6
INSURANCE
6
7
TERMINATION
6
8
FINANCIAL STATEMENTS
7
9
MISCELLANEOUS
8
EXECUTION PAGES
14,15
EXHIBIT A
PROJECT GUIDELINES
16
EXHIBIT B
PROJECT DESCRIPTION
19
EXHIBIT C
EVIDENCE OF TITLE OR LEASEHOLD INTEREST
20
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
BROWARD COUNTY CHALLENGE GRANT PROGRAM
This Agreement, made and entered into by and between BROWARD COUNTY, a
political subdivision of the state of Florida, hereinafter referred to as "COUNTY,"
,Tar
CITY OF TAMARAC, a municipal corporation of the state of Florida, hereinafter
referred to as "CONTRACTOR."
WHEREAS, pursuant to the passage by the Broward County electorate of the 2000
Broward County Safe Parks and Land Preservation Bond Issue, Twenty Million Dollars
($20,000,000) has been allocated for the Challenge Grant Program to benefit municipal
parks and recreation systems within the geographic boundaries of Broward County and
eligible nonprofit organizations that operate recreation facilities within the geographic
boundaries of Broward County; and
WHEREAS, on June 22, 2004 Item #75, the Board of County Commissioners
recommended use of unallocated County District Commissioner Discretionary Bond funds
for any appropriate activity under the 2000 Broward County Safe Parks and Land
Preservation Bond Program and its implementing regulations; and
WHEREAS, the Board has determined that the Challenge Grant format is an
appropriate mechanism by which to disseminate these Discretionary Funds for activities
consistent with the Challenge Grant program; and
WHEREAS, the Board of County Commissioners has determined that these
expenditures serve a COUNTY and public purpose and are authorized by the 2000
Broward County Safe Parks and Land Preservation Bond Program; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - Agreement shall mean this document and other terms and conditions
which are included in the exhibits and documents that are expressly incorporated by
reference.
1.2 Board - The Broward County Board of County Commissioners.
1.3 Contract Administrator - The Director of the Broward County Biological Resources
Division, or the designee of such Director. The primary responsibilities of the
Contract Administrator are to coordinate and communicate with CONTRACTOR and
to manage and supervise execution and completion of the Scope of Services and
the terms and conditions of this Agreement as set forth herein. In the administration
of this Agreement, as contrasted with matters of policy, all parties may rely on the
instructions or determinations made by the Contract Administrator; provided,
however, that such instructions and determinations do not change the Scope of
Services of this Agreement.
1.4 County Attorney -The chief legal counsel for COUNTY, who directs and supervises
the Office of County Attorney pursuant to Section 2.10 of the Broward County
Charter.
1.5 Grant Program - The allocation of County District Commissioner Discretionary Bond
funds under the 2000 Broward County Safe Parks and Land Preservation Bond
Program to be utilized for Challenge Grant awards to eligible municipalities and
eligible nonprofit organizations within the geographic boundaries of Broward County,
Florida, under the Grant Program guidelines (Exhibit "A" attached hereto).
1.6 Match - For the purposes of this Agreement, "Match" is defined as the monetary
contribution that CONTRACTOR is guaranteeing to spend on the Project. In the
event CONTRACTOR anticipates its Match funding from an outside source, e.g.
grant program, CONTRACTOR is responsible for Match funding even if the outside
funding source contribution is not received by CONTRACTOR.
1.7 Pr_ oiect - The Project consists of the services described in Article 2.
ARTICLE 2
SCOPE OF SERVICES
2.1 CONTRACTOR shall perform all services identified in this Agreement, the Grant
Program Guidelines attached hereto as Exhibit "A," the Grant Project Description,
Grant Project Timetable /Schedule, and Grant Project Cost/Budget attached hereto
as Exhibit "B," and evidence of Project site ownership or lease attached hereto as
Exhibit "C". The parties agree that the Scope of Services is a description of
CONTRACTOR'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 CONTRACTOR impractical, illogical, or
unconscionable.
2.2 The Contract Administrator may approve changes to the Scope of Services, Project
description, unit of services, and changes within the categories of expenditures
listed in Exhibit "A", provided that the total grant dollars awarded to CONTRACTOR
remains unchanged, 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.
2.3 CONTRACTOR 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.
CONTRACTOR further agrees to return to COUNTY all funds tendered for the
Project in the event the Project becomes utilized during this period for otherthan the
public recreational purposes of the Project.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall end three (3) years after this Agreement is fully executed.
CONTRACTOR may request up to two (2) extensions of up to one (1) year each for
its performance completion of the Project, subject to approval by COUNTY
Administrator. Any extension request shall be in writing and delivered to the
Contract Administrator at least sixty (60) days prior to the end of the term.
3.2 CONTRACTOR agrees that it will comply with the construction time table included in
Exhibit "B," attached hereto, excepting bona fide force majeure delays.
ARTICLE 4
COMPENSATION
4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3, the
total amount not to exceed of Three Hundred Thousand Dollars 300 000 for
Project pursuant to this Agreement. It is acknowledged and agreed by
CONTRACTOR that this amount is the maximum payable and constitutes a
limitation upon COUNTY's obligation to compensate CONTRACTOR for services
and expenses related to this Agreement. This maximum amount, however, does
not constitute a limitation, of any sort, upon CONTRACTOR's obligation to perform
all items of work required by or which can be reasonably inferred for the Project
from the Scope of Services. CONTRACTOR either [check one] X has allocated
matching funds in their Capital Improvement Program in the amount of $5,200,000
as specified in Exhibit "A," and pursuant to the Grant Program criteria, or will
not be providing matching funds pursuant to the Grant Program criteria.
4.2 The Contract Administrator is responsible for ensuring performance of the terms
and conditions of this Agreement and shall approve all requests from
CONTRACTOR for payment prior to payment being made. CONTRACTOR shall
furnish to the Contract Administrator a copy of the Project's construction contract(s)
within fifteen (15) days of full execution of same.
4.3 METHOD OF BILLING AND PAYMENT
4.3.1 CONTRACTOR may submit an invoice(s) for payment on this Project after
the Project has been completed in each of four (4) segments as follows:
Twenty-five Percent (25%) of the total COUNTY
payment set forth in Section 4.1 above after completion
of Twenty-five Percent (25%), Fifty Percent (50%),
Seventy-five Percent (75%) and One Hundred Percent
(100%) of the Project's development, minus the
retainage amount described in Section 4.4 below. The
amounts withheld, including retainage, shall not be
subject to payment of interest by COUNTY.
The final invoice must be received no later than sixty (60) days after this
Agreement expires. Invoices shall designate the nature of the services
performed and/or the expenses incurred. CONTRACTOR agrees that it shall
allocate no more than Twelve Percent (12%) of the total COUNTY payment
to the Project's architectural/engineering costs.
4.3.2 Documentation as required in Exhibit "A" must accompany any request for
payment. Invoices shall be certified by CONTRACTOR's authorized official.
4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of receipt
of CONTRACTOR'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 CONTRACTOR to comply with a
term, condition, or requirement of this Agreement.
4.4 COUNTY shall retain Ten Percent (10%) of the total COUNTY portion of the Project
amount until the Project is completed pursuant to this Agreement and the attached
Exhibits. The retained amount shall be paid to CONTRACTOR in the same manner
and under the same conditions and requirements as those for the final payment of
COUNTY's portion of the Project amount. For example, if the amount of COUNTY's
grant to CONTRACTOR for the project is Two Hundred and Fifty Thousand Dollars
($250,000.00), Twenty-five Thousand Dollars ($25,000.00) will be retained until
Project completion. Should matching funds as described in Sections 1.6 and 4.1
above be part of the Project, the retained Ten Percent (10%) of COUNTY's portion
shall not be paid until CONTRACTOR has obtained the matching funds amount and
has applied same to the Project.
4.5 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 Contract Administrator. The amount
withheld shall not be subject to payment of interest by COUNTY.
4.6 If it becomes necessary for COUNTY to demand a refund of any or all funds paid to
CONTRACTOR pursuant to this Agreement, CONTRACTOR agrees to remit said
funds to COUNTY within sixty (60) days after notification by COUNTY of the reason
for the demand for repayment. If not returned within sixty (60) days, CONTRACTOR
understands and agrees that any further CONTRACTOR requests for funding, as to
this or any other program under COUNTY's administration, may be denied until the
funds have been returned.
4.7 This Agreement strictly prohibits the expenditure of funds for the purpose of
lobbying the Legislature, the judicial branch, or a state agency.
4.8 Payment shall be made to CONTRACTOR at:
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
ARTICLE 5
CONTRACTOR is a municipal corporation existing under the laws of the state of
Florida, as defined in Chapter 768.28, Florida Statutes, and agrees to be 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 6
INSURANCE
CONTRACTOR is a municipal corporation existing under the laws of the state of
Florida, as defined by Section 768.28, Florida Statutes, and CONTRACTOR shall furnish
the Contract Administrator with written verification of liability protection, in accordance with
state law prior to final execution of this Agreement.
ARTI(':I F 7
TERMINATION
7.1 This Agreement may be terminated for cause by action of the Board or by
CONTRACTOR 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 Contract Administrator. This Agreement may also be
terminated by the Contract Administrator upon such notice as the Contract
Administrator deems appropriate underthe circumstances, in the event the Contract
Administrator determines that termination is necessary to protect the public health,
safety, or welfare.
7.2 Notice of termination shall be provided in accordance with the "NOTICES" section of
this Agreement, except that notice of termination by the Contract Administrator
which the Contract Administrator deems necessary to protect the public health,
safety, or welfare may be verbal notice which shall be promptly confirmed in writing
in accordance with the "NOTICES" section of this Agreement.
7.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall be
paid for any services performed to the date this Agreement is terminated; however,
upon being notified of COUNTY's election to terminate, CONTRACTOR shall refrain
from performing further services or incurring additional expenses underthe terms of
this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars
($10.00) of the compensation to be paid by COUNTY, the adequacy of which is
hereby acknowledged by CONTRACTOR, is given as specific consideration for
COUNTY's right to terminate this Agreement for convenience.
7.4 COUNTY shall have the right to terminate this Agreement and demand refund of
grant funds provided to CONTRACTOR for noncompliance with the terms and
conditions of the Grant Program guidelines. Failure to comply with these terms and
conditions shall result in COUNTY declaring CONTRACTOR ineligible for further
participation in the Grant Program until such time as CONTRACTOR complies
therewith.
7.5 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 9.1 of Article 9.
ARTICLE 8
FINANCIAL STATEMENTS
8.1 Within one hundred twenty (120) days after the expiration of this Agreement,
CONTRACTOR shall provide to COUNTY two (2) copies of a schedule of revenues
and expenditures and special report on specific accounts to account for services
and/or projects during CONTRACTOR's fiscal years for which funds were provided.
The report shall be prepared by an independent certified public accountant or
CONTRACTOR's internal auditor in a form acceptable to COUNTY's Commission
Auditor. The schedule of revenues and expenditures shall include:
a. All revenues relating to the services and/or Project classified by the source of
the revenues.
b. All expenditures relating to the services and/or Project classified by the type
of expenditures, to include the criteria set forth in Exhibits "A" and "B" of this
Agreement.
8.2 If the special report is prepared by an independent certified public accountant, it
shall be in accordance with Section 623 of the Codification of Statements on
Auditing Standards as promulgated by the American Institute of Certified Public
Accountants. If the special report is prepared by CONTRACTOR's internal auditor,
it shall be as nearly in accordance with those sections as the status of the internal
auditor permits, realizing that the internal auditor may not issue the opinions
required therein. A transmittal letter signed by CONTRACTOR's internal auditor
must accompany the special report. The special report shall include:
a. The statement, "No funds, including interest earned on such funds, are due
back to the County" or, it shall include a listing of funds, including interest
earned on such funds, which are due back to COUNTY.
b. An opinion (finding, in the case of an internal auditor) as to whether the funds
received under the applicable grant agreement with COUNTY have been
expended in accordance with this Agreement.
8.3 The special report shall include all requirements of Section 8.2 above for the entire
scope of the services or Project covered by this Agreement, even if a part of the
services or Project were performed during the previous fiscal year(s) or continue
past the end of CONTRACTOR's current fiscal year.
8.4 Any corrections to the special report requested by COUNTY shall be made and
submitted to COUNTY, in writing, within sixty (60) days after written request is
received.
8.5 Failure of CONTRACTOR to meet these financial reporting requirements shall result
in suspension of payment under this Agreement or any subsequent grant
agreement in effect and disqualify CONTRACTOR from obtaining future grant
awards until such financial statements are received and accepted by COUNTY.
8.6 CONTRACTOR acknowledges submission of financial statements to any other
Broward County office, agency, or division does not constitute compliance with
requirements to submit that material to the Contract Administrator for this
Agreement.
8.7 CONTRACTOR agrees to reimburse COUNTY any and all funds not used in strict
compliance with this Agreement.
ARTIrl F Q
MISCELLANEOUS
9.1 OWNERSHIP OF DOCUMENTS
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 CONTRACTOR, whether
finished or unfinished, shall become the property of COUNTY, and shall be
delivered by CONTRACTOR to the Contract Administrator within seven (7) days of
termination of this Agreement by either party. Any compensation due to
CONTRACTOR shall be withheld until all documents are received as provided
herein.
9.2 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 CONTRACTOR that are related to this Project.
CONTRACTOR shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to this Project.
CONTRACTOR 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, Fla. Stat.),
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 CONTRACTOR's records,
CONTRACTOR shall comply with all requirements thereof; however, no
confidentiality or non -disclosure requirement of either federal or state law shall be
violated by CONTRACTOR. 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.
9.3 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND
AMERICANS WITH DISABILITIES ACT
CONTRACTOR 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.
CONTRACTOR'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 162), 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.
CONTRACTOR 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,
M
political affiliation, or physical or mental disability. In addition, CONTRACTOR 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.
CONTRACTOR 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 162), 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.
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code,
Chapter 162) in performing the Scop
Services of this Agreement.
INDEPENDENT CONTRACTOR
e
of Services or any part of the Scope of
CONTRACTOR is an independent contractor under this Agreement. Services
provided by CONTRACTOR pursuant to this Agreement shall be subject to the
supervision of CONTRACTOR. In providing such services, neither CONTRACTOR
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.
THIRD PARTY BENEFICIARIES
Neither CONTRACTOR 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.
9.6 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:
WN
FOR COUNTY:
Director
Broward County Biological Resources Division
1 North University Drive, Suite 301
Plantation, Florida 33324
FOR CONTRACTOR:
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
With a copy to the City Attorney at the
following address:
7525 NW 88th Avenue
Tamarac, Florida 33321
ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract any
portion of the work required by this Agreement except as authorized by Exhibit "A."
CONTRACTOR 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 Scope of Services and to provide and
perform such services to COUNTY's satisfaction for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s), provided to or on behalf of
CONTRACTOR, shall be comparable to the best local and national standards.
9.8 CONFLICTS
Neither CONTRACTOR nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with CONTRACTOR's loyal and conscientious exercise
of judgment related to its performance under this Agreement.
CONTRACTOR 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
CONTRACTOR or any other persons from representing themselves in any action or
in any administrative or legal proceeding.
In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written contract, from having any conflicts within the meaning of
this section.
9.9 AMENDMENTS
Except for the provisions set forth in Article 2, 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 CONTRACTOR.
9.10 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.
9.11 COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all federal, state, local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations
related to this Agreement.
9.12 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 CONTRACTOR 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.
9.13 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.
9.14 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.
9.15 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.
9.16 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
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 9.9
above.
9.17 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits "A", "B" and "C" are incorporated into and
made a part of this Agreement.
9.18 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be fully executed by all parties, each of which
shall be deemed to be an original.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,
signing by and through the 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:
Insurance requirements
approved by Broward County
Z2agement �isio
COUNTY
BROWARD COUNTY, by and through its
County)"inistrat66o��r
/"
Pamela Brangaccio, County 60ministrator
Srk-. day of �; c�.' ..--- , 20L:�L.
Approved as to form by
Office of the County Attorney
JEFFREY J. NEWTON, COUNTY ATTORNEY
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By
Maite Azcoitia
Deputy County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR
BROWARD COUNTY CHALLENGE GRANTS PROGRAM
WITNESSES:
ATT ST:
City Clerk
-(CORPORATE SEAL)
C99
8/02/01
CONTRACTOR
CITY OF TAMARAC
By
(insert title)
day of �_ 20C.
w�FT', 1,1, OR
L Attorney
EXHIBIT "A"
GRANT PROGRAM GUIDELINES
Project title: Tamarac Sports Complex
II. Scope of Project:
A. CONTRACTOR agrees to construct the Project known as Tamarac Sports
Complex, in accordance with the plans and specification prepared by, or
under the supervision and review of, a registered professional architect,
engineer, or other appropriate professional. These elements are identified in
the Project description which is attached to this Agreement as Exhibit "B."
B. CONTRACTOR is responsible for obtaining all state, federal, and local
permits, licenses, agreements, leases, easements, etc., required for the
Project, and for following applicable state, federal, and local statutory
guidelines regarding the procurement of professional services.
C. CONTRACTOR shall erect a permanent sign acceptable to the Contract
Administrator identifying the 2000 Broward County Safe Parks and Land
Preservation Bond Program and COUNTY as a funding source of Project
construction. (Please see attached sample sign and sample sign
specifications.)
III. Required Documentation for Services Rendered:
A. The Contract Administrator is responsible for ensuring performance of the
terms and conditions and shall approve all payment requests prior to
payment. CONTRACTOR shall submit to the Contract Administrator signed
quarterly Project status reports on a calendar basis summarizing work
accomplished, problems encountered, percentage of completion, and other
appropriate information. Photographs shall be submitted when appropriate
to reflect work accomplished. CONTRACTOR shall furnish to the Contract
Administrator a copy of the Project's construction contract(s) within fifteen
(15) days of full execution of same.
B. Upon Project completion, the engineer, architect, or other appropriate
professional shall sign a statement certifying satisfactory completion of the
Project in accordance with the prepared plans and specifications.
C. Upon Project completion, CONTRACTOR shall also submit a site plan (as -
built), list of construction facilities and improvements, and color photographs
reflecting the work accomplished.
IV. Matching Funds (if applicable):
Pursuant to Section 4.1 of the Agreement (if applicable), CONTRACTOR has
allocated matching funds in their Capital Improvement Program in the amount of
$5,200,000.
V. Bond Program Guidelines
A. Grants for up to Two Hundred Thousand Dollars ($200,000.00) require no
cash match.
B. Grants from Two Hundred Thousand and One Dollar ($200,001.00) to Five
Hundred Thousand Dollars ($500,000.00) require a minimum Twenty-five
Percent (25%) cash match from CONTRACTOR.
C. Applicants cannot have more than a maximum of three (3) grants of up to
Five Hundred Thousand Dollars ($500,000.00) each.
D. Grant monies must be spent within a five (5) year time limit from the date of
the County Administrator's approval of the Agreement.
E. All grant funds are to be paid on a reimbursement basis pursuant to the
completion points, percentages formulas and retainage language set forth in
Article 4 of the Agreement.
F. Access to the Project by municipal residents and nonresidents alike will be
nonexclusionary.
G. All Project sites are to be owned by CONTRACTOR or have a lease of a
minimum of Twenty-five (25) years. CONTRACTOR shall be required by the
Contract Administrator to show proof of ownership or leasehold status.
H. All Projects will remain in public parks and recreation use for a minimum of
Twenty-five (25) years.
Funds can be used for outdoor and indoor recreation facilities.
J. All applicants will provide a resolution from their governing board in support
of the proposed Project.
K. Non-profit organizations applying for grants must obtain a resolution of
approval from the municipality in which the Project is located.
L. Projects will be consistent with recognized parks/recreational standards for
similar facilities.
M. Applicants must be sufficiently capable and qualified to complete the
proposed Project, and thereafter, operate and maintain the Project's facility.
N. No Grant Program funds are to be used for recreation programming and
operational costs.
O. All applicants will be required to submit an application to the Contract
Administrator.
EXHIBIT "B"
GRANT PROJECT DESCRIPTION
The Tamarac Sports Complex is located in the western and most rapidly growing
section of the City. The park consists of two soccer fields, a baseball field, multi-
purpose field, roller -hockey rink, tennis and basketball courts, and a playground. Due
to the influx of new residents, the park is inadequate to meet the outdoor recreational
needs of the population and must be expanded.
Renovation and expansion of the Sports Complex will allow the City to expand the park
and provide a wider range of outdoor recreational opportunities for its residents on the
adjacent, vacant parcel that the City acquired.
The grant funds will support capital improvements of the site. The city will complete the
following activities and be reimbursed for the activities up to the cost of the grant award.
The city will provide $5,200,000 in matching funds from their Capital Improvement
Program to complete other site improvements.
The expected completion date of the project is January 2008.
Restroom
$200,000
Parking lot
$50,000
Universal playground
$30,000
Fishing pier
$20,000
Total
$300,000
EXHIBIT "C"
(Real Property Document(s) re property title or leasehold interest)
(Per Exhibit "A")
(To be inserted)
G:\LAND PRESEWCHALLENGE
GRANTS\DCDF CHALL ENGE_GRANTS\TAMARAC\CHALLENGE GRANT DCDF TAMARACSPORTSCOMPLEX082206.DOC
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Site Address
Property Owner CITY OF TAMARAC
Mailing Address 7525 NW 86 AVE FT LAUDERDALE FL 33321
ID #
4941 06 00 0011
Millage
3122
Use
89
F"Is-'riptio
6-49-41 THAT PT OF SEC 6 LYING INOF SOUTHGATE BLVD & THAT PT OF SEC 6n LYING W OF NW 112 AVE LESS PT DESC IN OR 12245/856 FOR EXPRESSWAY & LESS
PT DESC IN OR 12481/492 FOR PAR 135-IS & LESS PT DESC IN 13422/107
Property Assessment Values
Year
Land
Building
Land Value AG
Total
Tax
Current
$ 195,760
$ 195,760
2004
$ 195,760
$ 195,760
2003
$ 195,760
$ 195,760
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Home Value
Exemptions
Type
114
Wldow(er)'s/Veteran's/Disability
Homestead
Non -Exempt
$ 195,760
Sales
History
Land Calculations
Date
Type
Price
Book
Page
Price
Factor
Type
QCD
36245
777
$4,360.00
44.9
AC
10102
TXD
35316
1818
Adj. Bldg. S.F.
Special Assessments
Fire Garbage Light Drainage Improvement Safe
Please Note: Assessed values shown are NOT certified values and are
subject to change'before final certification for ad valorem tax purposes.
http://www.bcpa.net/Includes/Ine-RecInfo.efin 9/ 14/2005
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�fado IAir 14th day of October A. D. i97430&tmLEADERSHIP AOtTSING, INC.,
a Delaware Corporation,
and SIMON ZUNAMON, as Trustee under Provisions of a certain Trust
Agreement dated Deeeatbor 1, 1972. and known as Trust No. 101,
el the County of BROWARD . 1n the Slat. of FLORIDA , —ties of the flrat parr, and
"M CITY OF TAKARAC, ■ municipal Corporation,
of the Cattnly of BROWARD , In the State of FLORIDA whale post offtt. addreer Id
5811 N.V. Beth Avenue, Tamarac, Florida 33321,
patty of the "Coed pan.
10ltnfUl dt, That the eald part a1 the 11n1 parr. tar and In rMndlderatiatt Of IAa ■atrt 01
TER ($10.00)------•-------- ----- ----- .._ _--- --- - _ Datla.s.
to them to Aand paid 6y the eats poly of Alltarond part. 16 twopt urhar.ol it hnebr achnowl.
rdoed, haVe st,anied. ftapained. and sold to the said party of the saoond part. its pucce�s
and satipns Jame,. A& falleavtnQ dedrrl6.d land, situate. and 6 ins in the Caunly a1 BROWA)W
&.14o1 FIARiDA wwiv
Four (4) Tracts of land, respectively described
upon Exhibits A, B, C and D annexed hereto,
all of which are lying, being and situate in
Brawaurd County, Florida;
Subject to all matters of record, except
mortgages, liens and other monetary
encumbrances.
,
OF Ri p }
M p MEH A AM/ TAll }
an M t00,30
lot= n�-1?7 _
4�v _
� .r FLORIOA t Sur,
.''.. �lu•trr M� ILII J�•
�
�r rr
Yn...c n.d,
And fhe edd pan Joe of the first p.A da 61`86y ftdly wannnl the title to said ldnd. rnd tolgdefend the
done aaarn,l Ike lawful dlaltns of all Oman$ wkcrmoevor.
b 16HRESS 1AMPf, The said pan Los of the lint pad have Aereunla to their
hands and ►dal■ Ike day and yrar first edaae luretien.
LEADERSHIP HOUSING, INC.,
stand. Pealed and dalivemd :ts Ike pto.en[e of; a DOL;W dt)Aeoration
,� • �! S.0 '•g;'ALTBTN. r�&idari£•"""�
' %r.•II.I'i6:A�0:':•�. a 'trYYEea Ytxad r
Ptgviaiona of a. ertain Ta1971,
arATz or MC A. Aggreoment date Deecernber l
COUNTY of BROWARD and known as 'trust No. 101
I HERLIY CERTIrY teal on tiit day, 6dett Olt, ea
slim d„ Ir artharvad is the Suu don..id and to IN Canty .fanuid to U16 oth tttwkdtmttort, perteaeliy oya.red
LON B. RUIN, President
Of LEJWERSIUP HOUSING, INC., a Delaware Corporation,
to the Itaa.a to 6e the pnaan daeerAwd in and who andtaud the tw.Satry irsnraeaat sr4 he "I»�ktfod
we" sw ti.s he eendltd Its Ouse.
�•rWITNESS sty heed and dli,:ul rat in thr County and Slaw tart atetawd this d R .ncC. d.r of
.y�C�+•tw� A, C. f9 7(. .
t � u.,..., eAla. s•s»• .� rLrie. n t,....
I This lnatrvme)t Was FteraF.d Cyr
Aatkun J. tcrK
77u hutrurrrni prTamd by: AttzmeyatlsN
II .�,1jru Suite&JI
l4 111� Orickcii Ava•.
�,1,.,••'r• Muni. Fla. 33131
LVV&IL t UT l-VU� f
I FMPMY CMTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the ConntY aforesaid to tak&
acknowledgments, personally appeared SIMON Z[WAM0%v as Trusts* under
Provisions of a certain Trust Agreement dated December 1, 1972, and
known as Trust No. 101, to me known to be the person described in and
who executed the foregoing instr=ent and he acknowledged before m*
that he executed the aloe.
WZT%MSS my hand and off gial Seal in the County and Sti1±iA1alrt 11/
aforesaid this/,-� day of .R 1976.
MSC COMMISSION WXRESZ A� .JUIH7Cr-
Votary Public',.:.:
state of Illinois at t4wge
y 4�1
5 *:A
zi
l
RMIRIT H
Para! 11
1 POPTION OF SECTION 6. TOWNSHIP 49 SOUTH, RANGE 41 EAST. SPOWAIto CIIUrrTY.
11-01110A AriO TOGETHCR WiT14 A PORTION of FLORIDA FRUIT LANDS COMPANY Stjb.;
11VI51ON NO. 2 OF SUCTTON 5, TOWNSHIP 49 SOUTH. RANGES 41 EAST ACCORDING
TO 711[ PLAT THEnCOF, AS RECOADCD IN PWAT BOOK 1. PAGE 102 OP Y-IQ HUOLIC
iECOnCS OF PALM REACH COUNTY, FLORIDA. BEING MORE FULLY GESCRIS90 AS
TOLLOWSI
XMMCNCING AT THt3 -NORTHEAST COnNER OP SAID SECTION 61 TFIENC1's 5 OR'pG'hh " C.
ALONG THE- EAST LINE_ OF SAID SECTION 6. A DISTANCE OF 3274.00,FEET TO TIyC P13IN
71T UEGINNIN61 THkNC.E S 60'29'53" E. A DISTANCE OF S4.53 FEETI T14 NCE S 4a'27
22" T1. A DISTANCE OF 57S.19 FEETI THENC9 S 00*32'TZ" W. A DISTA14CIE OF 335.0
BEET TO AN tNYEIISECTION WITH Tt/E ARC OF A CIRCULAR CURVE? TO THC RIGI.T. WHOSE
IAOIUS POINT BEARS. N 08'32'22 " E. FROM THU LAST DESCRIIIEO POINTI THENCE
WESTERLY AND NORTHm y , ALONG THE ARC OF SAID CURVE HAVING A RADIUS or 1600.0
FELT. AN ARC DISTANCE OF 45.10 FEET TO TAE POINT OF TANGI:NCYI YHENCC 1i T9-1,0'
44" A. A DiSTANC= or 571.66 FEET 70 AN INTERSECTION WITH THC ARC OR A CIRCU-
1,AA CURVe TO THE riIGIiT. WWOSe RADIUS POINT DEARS 5 78'52'09'.' E. FRIIf4 TI-l[ LAS
-cSCAIGUD POINTI THENCE NORTHERLY AND EASTgRLY. ALONG T149 ARC OF SAID CURVC
VING A RADIUS OF 2347.00 FEET, AN ARC DISTANCE OF 752.53 FEET TO TI.E POINT
TANGENCY; THENCE N 29&30'07 " E. A OISTANCL OP 342'.76 F£ETI THENCE S 60'
29'53'' C. A DISTANCE OF 634.24 FEET TO THE POINT OF BEGINNING. CONTAINING
14.118 ACRCS, MORE 09 LESS.
tX D NANO SITUATE. LYING AND 8EING IN BROWARO COUNTY, FLORIDA.
h
>✓7
FA
M 131T 9
Page 2
"I'"-JON OF SECTION G. 7OWN9141P 49 SOUTH, RANGE 41 EACT, OPOWA110 Cljlrlw.Y.
WN I CIA AND TOGCrr,i_R WITH A PORTION (30 FLOR IOA FRut T LAIIOS COMPANY Suu .
V1'410,+ NO. A OF SECTION S. TowmslllP 49 SOUTH. RANGE 41 CAST AI.CLRD1r1i,
r '.*iL PLAT THERCOF, AS RECOROCO 1N PLAT BOOK 1, PAGE 102 OF TM7 NAILIC
COH,1S OF PALM BEACH COUNTY, FLORIDA. BEING MORE FULLY OCOCRIBCD AS
i�LDw5 �
IMM1:LACING AT TkU N0IITHEAST CORNER OF SATO SECTION df T?16NCE S 00'01.1aa" E,
ON(, TIiC EAST LINE Or SAM UCYioN •0, A DISTANCE: OF 3357.12 Fr -CT TE1 I'tL
r:NT fir OCGINNINGI THENCE N 40'27'2201 E. A DISTANCE OF 72.90 r£ETi Ti1LiiC.0
IZ'50'2�." C, A DISTANCE OF 7GS.02 FEET TO AN INTERM;CT1ON WI :rI Tri1; APf DP
C1RCu4AR CURVC TO THE RIGPIT, W14OZE RADIUS POINT PEARS N 12'5092S" 11, 1-110M
IC LAST DESICR I OCO POINT 1 THENCE SOUTHgRLY •AND WCSTCRLY , 'ALONG Tiff: AI.0 (IF
10 CURVE, HAVING A RADIUS Da 1600.00 FEC-t. AN ARC OISTANCE OF Z97.03 FELT]
IENCc N OI1'32'22'i E. A DISTANCE OF 335.00 FEET1 THENCE N 40027'22 " i. A
STANCE Or SOZ.29 PEET TO THE POINT OF OCOINNING. CONTAINING 6.549 ACRES.
ARE OR LESS.
LAND SITUATE, LYING AND BEING IN BROWARO COUNTY, FLORIDA.
M
PROPlERTY
APPRAISER
IMPORTANT: If you are looking to purchase this property, the tax amount shown may have no
relationship to the taxes you will pay.
Please use our Tax Estimator to determine a more likely estimate of your new
amount.
PRIEV100 l NEXT Y 4 VIEW MAP PRINT NEW SEARCH BCPA HpME
Site Address
Property Owner CITY OF TAMARAC
Mailing Address 5811 NW 88 AVE TAMARAC FL 33321-4449
I D #
494105 35 0030
Millage
3122
Use
00
Legal
Description
KINGS POINTE REPLAT 158-3 B PARCEL R AKA: KINGS POINT ROCKFORD PARCEL
Property Assessment Values
Year
Land
Building
Land Value AG
Total
Tax
Current
$ 3,122,680
$ 3,122,680
2004
$ 3,122,680
$ 3,122,680
2003
$ 3,122,680
$ 3,122,680
Save Our
Home Value
Exemptions
Type
1 14
Widow(er)'slVeteran's/Disability
Homestead
Non -Exempt
$ 3,122,680
Sales History
Land Calculations
Date
Type
Price
Book
Page
Price
Factor
Type
10/02
SWD
$ 3.850,000
34010
1271
$4.75
657,407
SF
10/97
WD'
$ 8,876,286
27263
149
Adj.
Bldg. S.F.
Special Assessments
Fire Garbage Light Drainage Improvement Safe
Please Note: Assessed values shown are NOT certified values and are
suhiect to change before final certification for ad valorem tax purposes
http-.//vA�vw.bcpa.net/IncILides/Inc—Reclnfo-cfm 2/3/2005
CFN # 102367715, OR BK 34010 Page 1271, Page 1 of 4, Recorded 10/28/2002 at
11:43 AM, Broward County Commission, Doe. ❑ $26950.00 Deputy Clerk 3075
This Instrument prepared by:
Gerald L. Knight, Esquire
Holland & Knight
One East l3roward Blvd., 13th Floor
Fort Lauderdale, Florida 33301
M SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made the LU14 day of October, 2002, by LENNAR
3 LAND PARTA'ERS, a Florida general partnership, whose poet office address is 1015 North State
Road Seven; Bay C, Royal Palm Beach, FL 33411, ("Grantor"), to CITY OF TA.iUMC, a political
LE subdivision 'of the State of Florida , whose oast nffice address is 7525 NW 8811, Avenue, Tamarac,
Florida, and whose Tax I.D. Dumber is ("Grantee") (whenever
used hereunder the terms "Grantor" and "Grantee" include all the parties to this instrument and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of
corporations):
u
WITNESSETH: That the Grantor, for and in consideration of the sum of Ton ($10,00)
81 Dollars and other valuable consideration, receipt of which is hereby acknowledged, hereby grants,
�-O bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain
W land situate in Broward County, Florida, described as follows:
�u Parcel R of KINGS POINT REPLAT, as recorded in Plat Book 156, Pafe 3 of the Public
Records of Broward County, Florida, aWa Kings Point Rockford Parcel ("Property").
SUBJECT TO: See Exhibit "A" attached
SUBJECT TO restrictive covenant that the Property will be used for public purposes only.
NOTE: Tax Folio Number of said land is 19105-35.00300.
TOGETHER, with all the tenements, hereditamente and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever,
AND the Grantor hereby warrants the title to said land and will defend the same against the
lawful claims of all persona claiming by, through or under the Grantor.
OR BK 34010 PG 1272, Page 2 of 4
IN WITNESS WHEREOF, the Grantor has set Grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered
in a resence: -,,i
�n
LENNAR LAND PARTNERS, a Florida general
Nam inted: partnership
By: LENNAR HOMES, INC., a Florida
corporation, pursuant to Power of Attorney
LA recorded in Official Records Book 27298,
me Prin Page 824 of the Public Records of Broward
a.1 rkr1, d�� t County, ida.
By: 4407
Do a D. Dudley, VY
President
STATE OF FLORIDA )
) as.:
COUNTY OF i 1-ILL Sri3QR_WO)t
The foregoing instrument was acknowledged before me this Mday of October, 2002, by
Doyle D. Dudley, as Vice President of Lennsr Homes, Inc., on behaif of the corporation, who is
erso roe or hao produced as
identification.
ataig- Jo,w+erRM
M7 c"1551ON ► C V834M
E7[Pft8: NoVVMiw 24 2004
wr.o n.. � non uoawrnnn
OR BX 34010 PG 1273, Page 3 of 4
I
u
EXHIBIT "A"
1. Real property and school taxes and assessments for year 2002 and thereafter;
Conditions and restrictions of record that are common to the subdivision or neighborhood;
3. Applicable zoning ordinances, if any;
4. Reservations for canal rights and road right of way of record;
6. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of
ROCKFORD, as recorded in Plat Book 151, Page 37, of the public Records of Broward
County, Florida.
6, Revocable License Agreement recorded in Q.R. Book 22079, Page 666.
7. Recreational Impact Agreement recorded in O.R. Book 19552, Page 39.
$., Road Impact Agreement recorded in O.R. Book 19581, page 1.
9. Power of Attorney recorded in O.R. Hook 27298, Page 824 and 827.
10. Restrictions, covenants and conditions as contained in the Agreement to Compromise, Settle,
Release and Discharge all Claims and Obligations recorded in O.R. Book 8409, Page 146.
11, Restrictions, covenants and conditions as contained- in the CATV Agreement attached to
Affidavit recorded in O.R. Book 15880, Age 879, Assignment of Easements and Agreements
recorded in O.R. Book 15880, Page 900 and Affidavit recorded in O.R. Book 19575, Page 724.
12. Restrictions, covetianta and conditions as contained in Agreed Final Order Approving
Stipulation and Settlement Agreement recorded in O.R. Book 20225, Page 649.
13. Restrictions, conditions, reservations. easements, and other matters contained on the Plat of
ICING POINT REPLAT, as recorded in Plat Book 156, Page 3, of the Public Records of
Broward County, Florida.
14. Agreement between Broward County and Lennar Homes, Inc. Phasing the Installation of
Required Road Improvements Relating to Singe Point Replat, as recorded in O.R. Book
22005, Page 924.
15. Restrictions, conditions, reservations, easements, and other matters contained an the Plat of
EXETER, as recorded in Plat Book 150, Page 46, of the Public Records of Broward County,
Florida,
16. Kings Point Landscape Agreement as contained in the instrument recorded in O.R. Book
25253, Page 520.
17. Reservations is favor of the State of Florida, as set forth in the deed from the Trustees of the
Internal Improvement Fund of the State of Florida, recorded in Deed Book 114, Page 365,
OR BK 34010 PG 1274, Page 4 of 4
n
and Deed No. 18928, recorded in Deed Book 466, Page 142, as affected by the instrument
recorded in O.R. Book 6301, Page 623.
18. Reservations in favor of Board of Commissioners of Everglades Drainage District as
contained in Deed No, 223, recorded in Deed Book 437, Page 326, as affected by the
instrument recorded in O.R. Book 4096, Page 663, and O.R. Book 6085, Page 619,
19. Covenants, conditions and restrictions recorded 2/1177, in D.R. Book 6892, Page 911.
20. Tamarac Utilities West, Water and Sewer Utility Easement contained in instrument
recorded 6/5189, in 0.1i. Book 16491. Page 971.
21. Irrevocable Option contained in instrument recorded 12128/89, in O.R. Book 17041, Page 478.
22. Private Ingress and Egress Easement as net forth in instrument recorded in O.R. Book
17041, Page 482.
23. Restrictions, covenants and conditions as contained in the Agreement with Tamarac Utilities
recorded in O.R. Book 4057, Page 961; as partially released in O.R. Book 4626, Page 668 and
O.R. Book 5466, Page 182,
24. 'Twenty foot easement for utility, drainage and canal maintenances as recited by deed
recorded in O.R. Book 8149, Page 711.
25. Restrictions, covenants and conditions as contained in the Agreement to Limit Constructions
of Dwelling Units recorded in O.R. Book 5642, Page 33.
26. Recreational Impact Agreement recorded in O.R. Book 22005, Page 910.
FTL1 #605839 vl