HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-044Temp. Reso #10355
February 27, 2004
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA ACCEPTING A GRANT AWARD
IN THE AMOUNT OF $1,616,264 FROM THE FLORIDA
COMMUNITIES TRUST FOR TAMARAC PRESERVATION
PARK (KINGS POINT REPLAT, PARCEL R); AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE
GRANT CONTRACT BETWEEN THE CITY OF TAMARAC
AND THE FLORIDA COMMUNITIES TRUST FOR
TAMARAC PRESERVATION PARK; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac Comprehensive Plan contains elements
providing for conservation, recreation and open space; and
0 WHEREAS, the City of Tamarac acquired Tamarac Preservation Park (Kings
Point Replat, Parcel R) for the purposes of meeting the conservation, recreation and
open space elements of the City of Tamarac Comprehensive Plan; and
WHEREAS, the Florida Communities Trust through the Florida Forever Program
provides grants to assist local governments to implement the conservation, recreation
and open space elements of the local comprehensive plans; and
WHEREAS, Resolution R-2003-114 of the City Commission of the City of
Tamarac authorized an application to the Florida Communities Trust in the amount of
$1,616,264 for reimbursement of 40% of the acquisition costs of Tamarac Preservation
Park (Kings Point Replat, Parcel R); and
WHEREAS, the Florida Communities Trust has approved the City's application in
• the amount of $1,616,264 and requires execution of the Grant Contract hereto attached
as Exhibit A; and
Temp. Reso #10355
February 27, 2004
Page 2
WHEREAS, the 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
interests of the citizens and residents of the City of Tamarac to accept the grant award
and authorize the appropriate City officials to execute the Grant Contract between the
City of Tamarac and the Florida Communities Trust for Tamarac Preservation Park
(Kings Point Replat, Parcel R).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution. 0
Section 2: The City Commission of the City of Tamarac hereby accepts the
grant award in the amount of $1,616,264 from the Florida Communities Trust for
Tamarac Preservation Park (Kings Point Replat, Parcel R).
Section 3: The appropriate City officials are hereby authorized to execute the
Grant Contract between the City of Tamarac and the Florida Communities Trust for
Tamarac Preservation Park (Kings Point Replat, Parcel R), hereto attached as Exhibit A.
Section 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Temp. Reso #10355
February 27, 2004
Page 3
Section G: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED this 101h day of March, 2004.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
1 HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
C MITCHELL S. A
CITY ATTORNE r'
11
JOE SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER _
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
11Y1y ann 14 AN 11: 38
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Ro:ri(da Cct➢1C11]1I1'1111-maifies
April 12, 2004
Ms. Diane Phillips
Assistant to the City Manager
7525 NW 881" Avenue
Tamarac, FL 33321
RE: FCT Project Number: 03-043-FF3
City of Tamarac
Tamarac Preservation Park
Dear Ms. Phillips:
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Enclosed please find a fully executed original of the Grant Contract for the above -referenced
Florida Communities Trust Project.
1f you have any questions, please contact me at (850) 922-2207 (SunCom 292-2207).
Sincerely,
Bryan Wirick
Grants Specialist V
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Enclosures
DERNIO-WNT OF COMMUNITY AFPAllts • 2555 SHUMAIW OAK BOULVAR) • TALLAHASSEE, FL 32399-2100
850/922-2207 • SUNCoM 292-2207 • FAX 850/921-1747
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Fl.,,mn, Comm i.,, w,T,zr R,a.n.i
FCT Contract Number0#l-CT-_e y- ate- c7 - 41 y7
FLORIDA COMMUNITIES TRUST
03-043-FF3
TAINIARAC PRESERVATION PARK
CSFA# - 52002
GRANT CONTRACT
THIS AGREEMENT is entered into on _aeltre- , 2004, the date the last
party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST (FCT),
a non -regulatory agency within the State of Florida Department of Community Affairs, and
CITY OF TAMARAC, a local government of the State of Florida (Recipient). The intent of this
Agreement is to impose terms and conditions on the use of the proceeds of certain bonds,
hereinafter described, and the lands acquired with such proceeds (Project Site), that are
necessary to ensure compliance with applicable Florida law and federal income tax law and to
otherwise implement provisions of Sections 259.105, 259.1051, and Chapter 380, Part III,
Florida Statutes (F.S.).
WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a non -
regulatory agency within the Department of Community Affairs (Department) that will assist
local governments in,bringing local comprehensive plans into compliance and implementing the
goals, objectives, and policies of the conservation, recreation and open space, and coastal
management elements of local comprehensive plans, or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governments and nonprofit
environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the distribution
of twenty- two percent (22%) less certain reductions of the net Florida Forever Revenue Bond
proceeds to the Department to provide land acquisition grants to local governments and
nonprofit environmental organizations through FCT for,acquisition of community -based
projects, urban open spaces, natural resource conservation areas, parks, greenways and outdoor
recreation areas to implement local comprehensive plans;
WHEREAS, the Bonds are issued as tax-exempt bonds, meaning that the interest on the Bonds is
excluded from the gross income of bondholders for federal income tax purposes;
WHEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.A.C.), describes the procedures
for evaluation and selection of lands proposed for acquisition using funds allocated to FCT
through the Department from the Florida Forever Trust Fund;
WHEREAS, FCT Governing Board met on October 2 & 3, 2003 to score, rank, and select
projects to receive approval for funding;
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WHEREAS, the Recipient's project, described in an application submitted for evaluation, was
selected for finding and in accordance with Rule Chapter 9K-7, F.A.C., and more particularly
described within this Agreement;
WHEREAS, Rule 9K-7.009(1), F.A.C., authorizes FCT to impose conditions for funding on
those FCT applicants whose projects have been selected for funding; and
WHEREAS, Rule 9K-7.003(5) F.A.C., recognizes real property owned by the Recipient and
included in the application as part of the Project Site as an eligible source of local match,
provided that real property owned by the Recipient was acquired by the Recipient within 24
months prior to the application deadline for which the application was made. The date of this
application deadline was June 10, 2003;
WHEREAS, the Recipient acquired the fee simple title to the entire Project Site on
October 16, 2002 _(Insert dateAD from Lennar Land Partners
nsert Seller name[sJ);
WHEREAS, the Recipient has requested disbursement of FCT Florida Forever Bond proceeds
from FCT subsequent to the closing on the acquisition of the Project Site for the project costs
expended for the acquisition of the Project Site by the Recipient; and
WHEREAS, the purpose of this Agreement is to set forth the conditions of approval that must be
satisfied by Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as
well as the restrictions that are imposed on the Project Site subsequent to its cost reimbursement
with the Bond proceeds.
NOW THEREFORE, FCT and Recipient mutually agree as follows:
GENERAL CONDITIONS
1. At least two original copies of this Agreement shall be executed by the Recipient
and returned to FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as
soon as possible and before March 23 2004. If Recipient requires more than one original
document, the Recipient should photocopy the number of additional copies needed, and then
execute each as an original document. Upon receipt of the signed Agreements, FCT will execute
the Agreements, retain one original copy and return all other copies that have been executed to
the Recipient.
2, This Agreement between the parties sets forth the requirements and
responsibilities for cost reimbursement and management of the Project Site, described in the
application that was submitted and selected for funding by FCT (Application).
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3. Approval for funding shall be until August 31 2004(Expiration Date). In the
event that the Project Plan described in Section V. below has not been approved by the
Expiration Date, this Agreement shall be terminated. FCT may extend this Agreement beyond
the Expiration Date if the Recipient demonstrates that significant progress is being made toward
Project Plan approval or that extenuating circumstances warrant an extension of time. A request
for an extension must be made in writing to FCT, fully explaining the reason for the delay and
why the extension is necessary. If the Recipient does not request an extension, or if an extension
is not granted to the Recipient by FCT, the Florida Forever award granted to the Recipient shall
terminate and all obligations hereunder shall cease.
4. This Agreement may be terminated before its Expiration Date at the written
request of the Recipient. Such a request shall fully describe the circumstances that compel the
Recipient to terminate the project. A request for termination should be mailed to FCT at the
address given in paragraph 1 above.
5. This Agreement may be terminated before its Expiration Date by FCT if it is
detennined by FCT that no significant progress is being made toward Project Plan approval,
non-performance by the Recipient of the requirements listed or that other circumstances are
present that would, in all likelihood, preclude or prevent the successful reimbursement for the
acquisition costs for the Project Site within the established time frame. Prior to termination,
notice of the proposed termination shall be mailed to the Recipient at the address given in
paragraph 13 below.
6. Recipient agrees to submit the documentation to FCT that is required in this
Agreement as soon as possible so that the Project Site acquisition costs may be reimbursed in an
expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with
any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines tnay
result in delays in the project, may result in allocation of time or resources to other recipients
that responded timely, and may result in this Agreement being terminated by FCT.
It is the responsibility of the Recipient and its representatives to know all project deadlines, to
devise a method of monitoring the project, and to adhere to all deadlines. The Recipient shall
provide a monthly status report to FCT of progress towards reimbursement of the acquisition
project costs.
7. FCT Florida Forever award granted to the Recipient will in no event exceed the
lesser of Forty Percent (40%) of the final total eligible project costs, as defined in Rule 9K-
7.002(29), F.A.C., or One Million Six Hundred Sixteen Thousand Two Hundred Sixty -Four
Dollars And No Cents (S 1,616,264.00), unless FCT approves a different amount, after
detennination of the Maximum Approved Purchase Price as provided in Rule 9K-8.007, F.A.C.,
and which shall be reflected in an addendum to this Agreement. The amount of the grant shall
not exceed the Limitation of Award provided in Rule 9K-7.003(3), F.A.C., and as advertised in
the Notice of Application.
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8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate
of total project costs in its Application, as well as limits on awards in the notice of application
period announcing the application cycle. When disbursing funds for the project, FCT will
recognize the actual total project costs, defined in Rule 9K-7.002 (29), F.A.C., for acquisition of
the Project Site. The total project costs will be reflected on a grant reconciliation statement
prepared pursuant to paragraph 10 below. FCT will participate in the land cost at either the
actual purchase price, or the Maximum Approved Purchase Price based on appraisal reports that
comply with requirements set forth in Rule 9K-8.007, F.A.C., whichever is less, and multiplied
by the percent stated in paragraph 7 above.
9. FCT Governing Board has selected the Recipient's Application for funding to
acquire the entire Project Site identified in its Application. FCT reserves the right to withdraw
or adjust FCT award if the acreage that comprises the Project Site is reduced or the project
design in changed so that the objectives of the acquisition cannot be achieved. Any request for
modification of the boundary of the Project Site identified in the Recipients Application may be
considered by FCT following the procedures for submission and review of boundary
modification requests set forth in Rule 9K-7.010, F.A.C.
10. FCT funds shall be delivered either in the form of eligible project costs prepaid by
FCT to vendors or in the form of a State of Florida warrant to the Recipient. FCT award funds
shall only be delivered after FCT approval of the Project Plan and terms of the acquisition of the
Project Site. FCT will prepare a grant reconciliation statement prior to the reimbursement that
will evidence the amount of local match, if any is required, provided by the Recipient. Funds
expended by FCT for eligible project costs incurred by FCT will be recognized as part of FCT
grant award amount on the grant reconciliation statement.
11. The Recipient's local match, if any is required, shall be delivered either in the
form of eligible project costs prepaid to vendors by the Recipient; purchase price paid to Seller;
or eligible documented donation by Seller of land value. The funds expended by the Recipient
for eligible project costs incurred by the Recipient will be recognized as part of the local match,
if any is required, on the grant reconciliation statement prepared pursuant to paragraph 10 above.
In the event that pre -acquired land or donated land value is the source of local match, if any is
required, the value attributed to the local match shall be determined after an appraisal report(s)
that complies with the procedures and requirements set forth in Rule 9K-8.007, F.A.C. is
reviewed and approved by FCT prior to FCT funds being delivered for the project.
12. The Recipient shall provide the required appraisal(s) for review by a date not to
exceed 90 days after execution of this Agreement. FCT will review the appraisals and, upon
approval, will determine the Maximum Approved Purchase Price as provided in Rule 9K-
8.007(5) and (6), F.A.C., for FCT reimbursement.
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13. Recipient hereby notifies FCT that the following administrator, officer, or
employee is the authorized key contact, or project manager, on behalf of the Recipient for
purposes of coordinating project activities for the duration of the project:
Name: Diane Phillips
Title: Assistant to the City Manager
7525 NW 88th Avenue
Address: Tamarac FL 33321
Phone: (954) 718-1803 Fax: (954) 724-2454
Email: dianep@tamarac.org
All contact and correspondence from FCT to the Recipient will be through the key contact. The
Recipient must notify FCT as to any change in the authorization of the key contact on behalf of
the Recipient named above. This notification must be made in writing to the Executive Director
and signed by the appropriate authorized administrator, officer, or employee or named in
paragraph III.4. below.
14. This Agreement may be amended at any time and must be set forth in a written
instrument and agreed to by both FCT and the Recipient. Such amendments shall become a part
of this Agreement.
II. AUDIT REQUIREMENTS
Section 215.97, Florida Statutes, the Florida Single Audit Act, provides uniform state audit
requirements for state financial assistance provided by state agencies over the audit threshold as
defined in that Section as follows:
1. The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds Linder this Agreement.
2. These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by FCT. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00
a.m. to 5:00 p.m., local time, Monday through Friday.
3. The Recipient shall also provide FCT with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
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4. In the event that the Recipient expends a total amount of State financial assistance
from all state sources equal to or in excess of $300,000 in any fiscal year of such Recipient, the
Recipient must have a State single or project -specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor
and the Comptroller, and Chapter 10.600, Rules of the Auditor General.
Section I.7. above indicates State financial assistance through FCT by this Agreement. In
detennining the State financial assistance expended in its fiscal year, the Recipient shall consider
all sources of State financial assistance, including State funds received from FCT, except that
State financial assistance received by a non -state entity for Federal program matching
requirements shall be excluded from consideration. The funding for this Agreement was
received by FCT as a grant appropriation.
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a. The annual financial audit report shall include all management letters and
the Recipient's response to all findings, including corrective actions to be
taken.
b. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by
sponsoring agency and Agreement number.
C. The complete financial audit report, including all items specified in (d)
below, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Roam 401 574, Claude Pepper Building
1 11 West Madison Street
Tallahassee, Florida 32302-1450
d. In connection with the audit requirements addressed above, the Recipient
shall ensure that the audit complies with the requirements of Section
215.97(7), Florida Statutes. This includes submission of a reporting
package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter
10.550 and 10.650, Rules of the Auditor General.
Ell
If the Recipient expends less than $300,000 in State financial assistance in
its fiscal year, an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the
Recipient expends less than $300,000 in State financial assistance in its
fiscal year and elects to have an audit conducted in accordance with the
Provisions of Section 215.97, Florida Statutes, the cost of the audit must
be paid from non -State funds (i.e., the cost of such an audit must be paid
from recipient funds obtained front other than State entities).
5. In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the
Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with
these applicable regulations and Agreement provisions within thirty (30) days after FCT has
notified the Recipient of such non-compliance.
6. The Recipient shall retain all financial records, supporting documents statistical
records, and any other documents pertinent to this contract for a period of five years after the
date of submission of the final expenditures report. However, if litigation or an audit has been
initiated prior to the expiration of the five-year period, the records shall be retained until the
litigation or audit findings have been resolved.
7. The Recipient shall have all audits completed in accordance with Section 215,97,
Florida Statutes, by an independent certified public accountant (IPA) who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes.
The IPA shall state that the audit complied with the applicable provisions noted above.
III. AFFIRMATIONS, ANNUAL STEWARDSHIP REPORT, AUTHORIZED
EXECUTOR AND FEDERAL EMPLOYEE IDENTIFICATION NUMBER.
By execution of this Agreement, the Recipient affirms that:
I . The Recipient is ready, willing and able to provide the local match, if any is
required;
2. The Recipient reaffirms the representations made in its Application;
3. The Recipient shall, on January 30 of each year after FCT reimbursement for
project costs for the acquisition of the Project Site, prepare and submit to FCT an annual
stewardship report as required by Rule 9K-7.013 , F.A.C.;
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4. The Recipient authorizes the administrator, employee, officer or
representative named in this paragraph to execute all documents in connection with this
project on behalf of the Recipient, including but not limited to the Grant Contract or any
addenda thereto, grant reconciliation statement, statements submitted as a part of the
Project Plan, and Grant Award Agreement.
Name: Jeffrey L. Miller
Title: City Manager
7525 NW 88th Avenue
Address: Tamarac FL 33321
Phone: (954) 724-1230 Fax: (954) 724-2454
Email: jeffm@tamarac.org
The Recipient must notify FCT as to any change in the authorization of the administrator, officer
or employee named in this paragraph to execute all documents on behalf of the Recipient. This
notification must be made in writing to the Executive Director and signed by the appropriate
administrator, officer or employee.
5. The Recipient hereby notifies FCT that the Recipient's Federal Employer
Identification Number is 591039552
IV. MANAGEMENT PLAN APPROVAL
1. Prior to approval of the Project Plan (described in Section V below), and final
disbursement of award funds by FCT, the Recipient must prepare a Management Plan that
complies with Rule Chapter 9K-7.011, F.A.C., and addresses the criteria and conditions set forth
in Sections IV, VI, VII, VIII, and IX herein. Recipient is strongly urged to coordinate with FCT
staff in order to ensure that FCT approval of the Management Plan occurs prior to the closing
date of the real estate transaction(s) associated with the project and delivery of FCT funds.
2. The Management Plan, which is intended to explain how the Project Site will be
managed to further the purposes of the project and meet the terms and conditions of this
Agreement, shall include the following:
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An introduction containing the project name, location and other
background information relevant to management.
b. The stated purpose for acquiring the Project Site as proposed in the
Application and a prioritized list of management objectives.
in
The identification of known natural resources including natural
communities, listed plant and animal species, soil types, surface and
groundwater characteristics.
d. A detailed description of all proposed uses including existing and
proposed physical improvements and the impact on natural resources.
A detailed description of proposed restoration or enhancement activities, if
any, including the objective of the effort and the techniques to be used.
A scaled site plan drawing showing the project site boundary, existing and
proposed physical improvements and any natural resource restoration or
enhancement areas.
g. The identification and protection of known cultural or historical resources
and a commitment to conduct surveys prior to any ground disturbing
activity, if applicable.
h. A description of how the management will be coordinated with other
agencies and public lands, if applicable.
A schedule for implementing the development and management activities
of the Management Plan.
k. Cost estimates and funding sources to implement the Management Plan.
A schedule for implementing the development and management activities
of the Management Plan.
3. if the Recipient is not the proposed managing entity, the Management Plan must
include a signed agreement between the Recipient and the managing entity stating the managing
entity's willingness to manage the site, the manner in which the site will be managed to further
the purpose(s) of the project, and identification of the source of funding for management.
In the event that the Recipient is a partnership, the Recipient must also provide FCT with the
interlocal agreement that sets forth the relationship among the partners and the fiscal and
management responsibilities and obligations incurred by each partner for the Project Site as a
part of its Project Plan.
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4. To ensure that future management funds will be available for the management of
the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part II1, F.S., the Recipient(s)
shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K-7.002(32),
F.A.C., that it has the financial resources, background, qualifications and competence to manage
the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does
not include at least one Focal Government, FCT may: require the Recipient to post a
performance or other bond in an amount sufficient to ensure that the Project Site shall be
reasonably and professionally managed in perpetuity; require the Recipient to establish an
endowment or other fund in an amount sufficient to ensure performance; require a guaranty or
pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall
require the Local Government to take over the responsibility for management of the Project Site
in the event the Nonprofit Environmental Organization Recipient is unable to, and may require
the Local Government to be a named co-signer on the Grant Award Agreement; or require such
other assurances as the Governing Board may deem necessary to adequately protect the public
interest.
V. PROJECT PLAN APPROVAL
1. Prior to final disbursement of award funds by FCT, the Recipient must prepare a
Project Plan that complies with Rule 9K-8.011, F.A.C. This Project Plan is a compilation of the
following items listed below, which must be reviewed and approved by FCT.
The Project Plan shall include, and shall not be considered by FCT unless it includes all of the
following documents, to be reviewed and approved by FCT to ensure that the interest of the
State of Florida will be protected:
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a. The following closing documents associated with the parcel(s):
(1) A copy of the Purchase Agreement(s) for sale and purchase of the
parcel(s) between Recipient and Lennar Land Partners
(Insert name[s] of Seller[s]).
(2) A copy of closing statements from Buyer(s) and Seller(s) for the
purchase of the parcels.
(3) A copy of the recorded deed(s) evidencing conveyance of title to
the parcel(s) to the Recipient.
(4) Certified survey(s) of the parcel(s) that meets the requirements of
Rule 9K-8.006, F.A.C., and dated within 90 days of the date of
acquisition of the parcel(s) by Recipient.
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(5) A copy of the title insurance policy(s) evidencing marketable title
in Recipient to the parcel(s) and effective the date of acquisition of
the parcel(s) by the Recipient, including a statement from the title
insurer as to the minimum promulgated rate if premium was paid
by Recipient, and all documents referenced in the title policy(s).
(6) Environmental site assessinent(s) of the parcel(s) certified to the
Recipient, which meets the standards and requirements of ASTM
Practice E 1527, and with a date of certification within 45 days of
the date of acquisition of the parcel(s) by Recipient, together with
the statement required by Rule 9K-8.012(4), F.A.C.
b. A letter from FCT indicating approval of the Management Plan written
according to Rule Chapter 9K-7.011, F.A.C., and as described in Section
IV above.
C. A statement of the total Project Cost as defined in Rule Chapter 9K-
7.002(29), F.A.C.
d. A statement of the amount of the award being requested from FCT.
e. Supporting documentation that the conditions imposed as part of this
Agreement have been satisfied.
f. A signed statement by the Recipient that the Recipient is not aware of any
pending criminal, civil or regulatory violations imposed on the Project
Site by any governmental agency or body.
g. Additional documentation as may be requested by FCT to provide
Reasonable Assurance as set forth in Section IVA. above.
2. FCT strongly encourages the Recipient to request a courtesy review of its Project
Plan prior to submission of the Project Plan for approval and release of funds. FCT will
recommend approval of complete and accurate Project Plans or disapproval of incomplete or
insufficient project plans.
3. Reimbursement for project costs may be made only after FCT approval of the
Project Plan.
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VI. REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380,
PART III, F.S.
RECIPIENT AGREES AS FOLLOWS:
l . FCT shall approve the terms under which the interest in land is acquired, pursuant
to Section 380.510(3), F.S. Such approval is deemed given when FCT approves the Project Plan
containing a copy of the docurnent(s) vesting title to the Project Site in the Recipient.
Title to the Project Site shall be titled in the Recipient.
3. Each parcel to which the Recipient acquires title in the Project Site shall be
subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use
of the Project Site at all times complies with Section 375.051 and 380.510, F.S.; Section 1 1(e),
Article VIl of the State Constitution; the applicable bond indenture under which the Bonds were
issued; and any provision of the Internal Revenue Code or the regulations promulgated
thereunder that pertain to tax exempt bonds and shall contain clauses providing for the
conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust
Fund or another local government or non-profit organization upon failure to use the Project Site
conveyed thereby for such purposes.
4. A Grant Award Agreement containing such covenants and restrictions as
referenced in paragraph 3 above and describing the real property subject to the Agreement shall
be executed by FCT and Recipient at the time of the reimbursement for the Project Site and shall
be recorded in the county in which the Project Site is located. The Grant Award Agreement shall
restate the conditions that were placed on the Project Site at the time of project selection and
initial grant approval. All statements contained in the Grant Award Agreement are contained in
this Agreement, with the exception of statements that do not survive the reimbursement for costs
for the acquisition of the Project Site.
5. if any essential term or condition of the Grant Award Agreement is violated, and
the Recipient does not correct the violation within 30 days of written notice of violation, title to
all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The deed transferring title to the Project Site to the Recipient shall set
forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund.
6. The interest acquired by the Recipient in the Project Site shall not serve as
security for any debt of the Recipient.
7. If the existence of the Recipient terminates for any reason, title to the Project Site
shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT
negotiates an agreement with another local goverrunent or nonprofit organization which agrees
to accept title and to manage the Project Site.
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VII. OBLIGATIONS OF FCT RECIPIENT AS A CONDITION OF PROJECT
FUNDING
1. Following the reimbursement for costs of the Project Site, the Recipient shall
ensure that the future land use designation assigned to the Project Site is for a category dedicated
to open space, conservation, or outdoor recreation uses as appropriate. if an amendment to the
applicable comprelicnsive plan is required, the amendment shall be proposed at the next
comprehensive plan amendment cycle available to the Recipient subsequent to the
reimbursement for costs for the acquisition of the Project Site.
2. Recipient shall ensure, and provide evidence thereof to FCT, that all activities
under this Agreement comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the applicable adopted and approved
comprehensive plan.
3. The Recipient shall, through its agents and employees, prevent the unauthorized
use of the Project Site or any use thereof not in confonnity with the Management Plan approved
by FCT as a part of the Project Plan.
4. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the Recipient at the Project Site.
5. All buildings, structures, improvements, and signs shall require the prior written
approval of FCT as to purpose. Further, tree removal, other than non-native species, and major
land alterations shall require the written approval of FCT. The approvals required from FCT
shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed
structures, buildings, improvements, signs, vegetation removal or land alterations will not
adversely impact the natural resources of the Project Site. The approval by FCT of the
Recipient's Management Plan addressing the items mentioned herein shall be considered written
approval from FCT.
Vill. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND
PROCEEDS
I . FCT is authorized by Section 380.510, F.S., to impose conditions for funding on
Recipient in order to ensure that the project complies with the requirements for the use of Florida
Forever Bond proceeds including without limitation the provisions of the Internal Revenue Code
and the regulations promulgated thereunder as the same pertain to tax exempt bonds.
2. Recipient agrees and acknowledges that the below listed transactions, events, and
circumstances, collectively referred to as the "disallowable activities", may be disallowed on the
Project Site, as they may have negative legal and tax consequences under Florida law and federal
income tax law. The Recipient further agrees and acknowledges that these disallowable
activities may be allowed up to a certain extent based on guidelines or tests outlined in the
Federal Private Activity regulations of the Internal Revenue Service:
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a. any sale or lease of any interest in the Project Site to any person or
organization;
b. the operation of any concession on the Project Site by any person or
organization;
C. any sales contract or option to buy things attached to the Project Site to be
severed from the Project Site, with any person or organization;
d. any use of the Project Site by any person other than in such person=s
capacity as a member of the general public,
e. any change in the character or use of the Project Site from that use
expected at the date of the issuance of any series of Bonds from which the
disbursement is to be made;
f. a management contract of the Project Site with any person or organization;
or
g. such other activity or interest as may be specified from time to time in
writing by FCT to the Recipient.
3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to
remain subject to any of the "disallowable activities", the Recipient shall provide to FCT at least
60 calendar days advance written notice of any such transactions, events, and circumstances, and
shall provide to FCT such information as FCT reasonably requests in order to evaluate the legal
and tax consequences of such activity or interest for FCT approval.
4. In the event that FCT determines at any time that the Recipient is engaging or
allowing others to engage in disallowable activities on the Project Site, the Recipient agrees to
immediately cease or cause the cessation of the disallowable activity upon receipt of written
notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have
the right to seek temporary and permanent injunctions against Recipient for any disallowable
activity on the Project Site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT
AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES, OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE
WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE
THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF
UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY
COMPLIED WITH BY THE CONTRACTING PARTY.
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1X. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE
ADDRESSED IN THE MANAGEMENT PLAN
The Management Plan for the Project Site is mentioned throughout this Agreement, and is
particularly described in Section IV. above. In addition to the various conditions already
described in this Agreement, which apply to all sites acquired with FCT funds, the Management
Plan shall address the following conditions that are particular to the Project Site and result from
either commitments made in the application that received scoring points or observations made by
FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.:
1. Two or more resource -based outdoor recreational facilities including picnic pavilion
and fishing pier and two or more user -oriented outdoor recreation facilities a roller hockey rink
and playground shall be provided at the Project Site. The facilities shall be designed and located
with minimal impact to natural resources on the Project Site.
2. A permanent recognition sign shall be maintained in the entrance area of the Project
Site. The sign shall acknowledge that the Project Site is open to the public and was purchased
with funds from the Florida Communities Trust and the City of Tamarac.
3. Interpretive signage shall be provided to educate visitors about the natural
environment of the Project Site,
4. A biological inventory of the natural communities found on the Project Site,
including the dominant and listed plant and animal species, shall be conducted prior to any site
development. The inventory shall be used to ensure the protection of biological resources and be
updated periodically.
5. The Project Site shall be managed in a manner that will protect and enhance the
habitat for native wildlife species that utilize or could potentially utilize the site. The
development of the Management Plan shall be coordinated with the Florida Fish and Wildlife
Conservation Commission's Office of Environmental Services to ensure the preservation and
viability of native wildlife species and their habitat.
6. The water quality of the canal adjacent to the Project Site shall be protected.
7. The Project Site shall be landscaped with native plant species to provide wildlife
habitat and enhance the function and appearance of the Project Site.
8. An ongoing monitoring and control program for invasive vegetation including exotic
(non-native) and nuisance native plant species shall be implemented at the Project Site. The
objective of the control program shall be the elimination of invasive exotic plant species and the
maintenance of a diverse association of native vegetation. The Management Plan shall reference
the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying
invasive exotics on the Project Site.
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9. Prior to the commencement of any proposed development activities, measures shall
be taken to determine the presence of any archaeological sites. All planned activities involving
known archaeological sites or potential site areas shall be closely coordinated with the
Department of State, Division of Historic Resources in order to prevent the disturbance of
significant sites.
10. The location and design of the parking and other site improvements shall have
minimal impact on natural resources. The parking area shall incorporate pervious material
wherever feasible. Stormwater management facilities on the Project Site shall be designed to
Provide recreational open space or wildlife habitat.
11. Pedestrian and bicycle access to the Project Site shall be promoted through the
provision of pedestrian oriented walkways and bicycle facilities that link the Project Site with
adjacent residential neighborhoods. Bike parking stands sliall be installed at the Project Site to
provide an alternative to automobile transportation to the Project Site.
12. The Project Site shall be managed as an addition to the Tamarac Sports Complex.
13. The Project Site shall be developed and managed as a support parcel along a linkage
between the C-14/Cypress Creek Greenway with the C-13 Canal Trail Greenway recreational
trails and include trailhead facilities.
14. Proposed site improvements shall be designed and located to minimize or eliminate
the long-term risk of storm damage or flooding in conjunction with appropriate hazard mitigation
agencies or experts,
15. The requirements imposed by other grant program funds that may be sought for
activities associated with the Project Site shall not conflict with the terms and conditions of this
Agreement.
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This Agreement including Exhibit A, if required, embodies the entire agreement between
the parties.
THE FLORIDA COMMUNITIES TRUST'S OBLIGATION TO PROVIDE FUNDS
UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL
APPROPRIATION BY THE LEGISLATURE.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
CITY OF TAMARAC
BY:
Print ame: Jose h Schreiber
Title: Mayor
Date:
By:
Print NamAe frey L. Miller
Title: City Manager
Date:
Appr ed a to arm an ali
Pri!rt Name: �A
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FLORIDA COMMUNITI S TRUST
/n
By:
Kathy B ghm cLeod
Commu ity Program Manager
Date:
Approv d, s to Form and Legality:
By:
Trust Counsel