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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 Page IotI a t PERTY RA15ER 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. 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 .�rCir rn -Go la .we Ole.. ts,., i" art n 5 3>' 0 �_ isadenture 7r 22068 j 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 TEN (810.00)-------------- ----------------------------------- Doha.. 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. c A I ti O M N ti Yr MIT i .uJe g 1 n w�a3 r. •7 Ile•Py7 �; � O li. J r i f[. p rr \J Mrrr.{ .r.ss�V L.--._ J' 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 .C' C-Z ,r ,,_ A. U, lg 7(- 77'u Itwnrm N, prrpatrd by. �I 4ddrru Hearn Mill, $•s'e, di avid. rt r•••+s M, C.+r's".+ tA*es A'•. 1-:, . This tn3trument VJas pgr•tt; d ::yt re"a'r ar �-•��+ i . d e..e::, cs. AR7Mu,l J. tulle Attorney at ls•,V SuaeB�l 1117 Orirkci) Ave, ht;ami, ile, 371d1 rn•:t c^. c— ni w tvWE%& I Vr %-VVn ) I HEREBY CENTI'FY that on this day, before no. an officer duly authorized in the State aforesaid and iA the County aforesaid to taka acknowledgments, personally appeared SIMON ZONTKAOX, as Trustee under Provisions of a certain Trust Agreement dated December 1, 1972, and known as Trust No. 101, to W known to be the person described in and who executed the foregoing instrument and he acknowledged before va that he executed the &acme. ` • 11 MITVZSS my hand and oft in Seal in the county and sti91-7,11: aforesaid this/jLt�_ day of _�1 , 1976. rf my COMMISSION .` `•. EXFTREs.�u.3a,/97b. � f: is Notary Public•, state of Illinois at Large 4 f/11-"- I r INUBIT 9 P_IAL 1 't .PORTION OF SECTION 4. TDWNShIIIy 49 SOUTH, RANGE 41 EAST. anOWAITO Ct1Ut1TY, -L01110A AND TOGETHCR WIT,l A POnTION OF FLORIDA FRUIT LAIiOS COMPANY SUU,; lIVISION NO. 2 OF SUCTION 5, TOWNSHIP 49 SOUTH, RANGE 41 EAST AeCOROING . rO T„C PLAT THERCOF, AS RECORDED IN PLAT BOOK 1. PAGE 102 OP YNL PUULIC ]ECOnOS OF PALM BEACH COUNTY, FLORIDA. BEING MORE FULLY DESCRIBED AS rGLLOWg, . :CIMMCNCING AT t-IC NORTHEAST CORNER OF SAID SECTION 61.TNCaNCC.$ 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- LAR CURVE TO THE re1G„T, WHOSE RADIUS POINT OEARS S 78'S2'09'.' E. FR11f.1 THE LAS �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. m o m•n p-n OC to Iy >w eti tC 6� w 7a.7 ti J• 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. i �• � wt.n 0 �. �} �s r� enture 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 fyt'ri G; r� t%zl t i. nl L.: w.r 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+ JI S 0 r 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 Broward County Property Appraiser's Network Page I of I L RI PARRISH At"WA D COUNTY 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. 'l11# ITS i` 1 I1^I"I L Click here to display your 2005 TRIM notice. 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 Save Our 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 ,ra a.rua Pont ■ tsnn.at P. n to n xass «Indenture, TP � �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