HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-247Temp. Reso #9507
August 28, 2001
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-247
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA ACCEPTING A GRANT
AWARD IN THE AMOUNT OF $257,780 FROM THE
FLORIDA COMMUNITIES TRUST; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
CONCEPTUAL APPROVAL AGREEMENT BETWEEN THE
CITY OF TAMARAC AND THE FLORIDA COMMUNITIES
TRUST; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac acquired the McNab park parcel in October,
1999 for 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 Preservation 2000
Program provides grants to assist local governments to implement the conservation,
recreation and open space elements of the local comprehensive plans; and
WHEREAS, the City of Tamarac applied for and was awarded a grant through
the Florida Communities Trust (FCT) in the amount of $257,780 to reimburse the City
for a portion of the costs associated with purchase of the McNab park parcel; and
WHEREAS, Resolution #R-2001-07 authorized the appropriate City Officials to
enter into a Conceptual Approval Agreement, hereby attached as Exhibit A, as required
for implementation of the FCT grant award; and
WHEREAS, the Conceptual approval agreement expires on September 4, 2001;
and
WHEREAS, GENERAL CONDITIONS, paragraph 3 of the Conceptual Approval
Agreement provides for extension of the September 4, 2001 expiration date; and
Temp. Reso #9507
August 28, 2001
Page
WHEREAS, Addendum 1 to the Conceptual Approval Agreement, hereby
attached as Exhibit B, provides for extension of the agreement until March 4, 2002; and
WHEREAS the City Manager and Director of Parks and Recreation recommend
execution of Addendum 1 to the Conceptual Approval Agreement; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interests of the citizens and residents of the City of Tamarac to execute
Addendum 1 to the Conceptual Approval Agreement thereby extending the expiration
date of the agreement to March 4, 2002
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.
Section 2: The appropriate City officials are hereby authorized to execute
01
Addendum 1 to Conceptual Approval Agreement between the City of Tamarac and the
Florida Communities Trust, hereto attached as Exhibit B.
Section 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4: 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 #9507
August 28, 2001
Page
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1
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adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 12th day of September, 2001.
ATTEST:
MARION SVVENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESO�TION as to form.
ITCHELL S. KRAF
CITY ATTORNEY
pa
ILA
O MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER _Aye-1
DIST 1: COMM. PORTNER fl ev
DIST 2: COMM. MISHKIN ,4 e,,
DIST 3: V/M SULTANOF fl er
DST 4: COMM. ROBERTS A e.
Temp. Reso. #9507
Exhibit A
CITY OF TAMARAC
RESOLUTION NO. R-2001- O'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA ACCEPTING A GRANT
AWARD IN THE AMOUNT OF $257,780 FROM THE
FLORIDA COMMUNITIES TRUST; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
CONCEPTUAL APPROVAL AGREEMENT BETWEEN THE
CITY OF TAMARAC AND THE FLORIDA COMMUNITIES
TRUST; 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
WHEREAS, the City of Tamarac acquired the McNab park parcel in October,
1999 for 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 Preservation 2000
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-2000-133 of the City Commission of the City of
Tamarac authorized an application to the Florida Communities Trust in the amount of
$257,780 for reimbursement of 40% of the acquisition costs of the McNab park parcel;
and
WHEREAS, the Florida Communities Trust has approved the City's application in
the amount of $257,780 and requires execution of the Conceptual Approval Agreement
hereto attached as Exhibit A; and
Temp. Reso. #9507
Exhibit A
WHEREAS, the City Manager and Director of Parks and Recreation recommend
approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida 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 Conceptual
Approval Agreement between the City of Tamarac and the Florida Communities Trust.
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.
Section 2: The City Commission of the City of Tamarac hereby accepts the
grant award in the amount of $257,780 from the Florida Communities Trust.
Section 3: The appropriate City officials are hereby authorized to execute the
Conceptual Approval Agreement between the City of Tamarac and the Florida
Communities Trust, 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.
1
Temp. Reso. #9507
Exhibit A
1
1
Section 6: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED this 101h day of January, 2001.
ATTEST:
r
40
•�y
NSON, CMC
..r `'OQIW.MERK
.4- i ;Z1
r •1.
�.1
I HEREBY 6ERTIFY that I have
approved this Resolution as
to form. /
ITCHELL S. KRAFT
CITY ATTORNEY
re-milFA Pi
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER (LC
DIST 1: COMM. PORTNER
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
q
Temp. Reso. #9507
Exhibit A
NAM FEB 12 m li= 38
WILSBct Number 01-CT- I G-00-10-A 1-025
CITY OF TAMARAC
ClliWMkGffiviMUNITIES TRUST
P 10 Award Number 00-025-P 10
MCNAB PARK RESTORATION PROJECT
CONCEPTUAL APPROVAL AGREEMENT
THIS AGREEMENT is entered into onthe date
the last party executes this Agreement, by and betwee(i(the FLORIDA COMMUNITIES TRUST
(FCT), a nonregulatory agency within the State of Florida Department of Community Affairs,
and the CITY OF TAMARAC (Recipient), a local government of the State of Florida. 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 259.101, 375.045, and Chapter 380, Part III, Florida Statutes
(F.S.).
WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a
nonregulatory 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 to carry out
projects and activities authorized by the Florida Communities Trust Act;
WHEREAS, Section 259.101(3)(c) of the Florida Preservation 2000 Act provides for the
distribution of ten percent (10%) less certain reductions of the net Preservation 2000 Revenue
Bond proceeds to the Department to provide land acquisition grants and loans to local
governments through the FCT;
WHEREAS, the Governor and Cabinet have annually authorized the sale and issuance of
State of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds
(Bonds); and Bonds have been annually sold, thereby producing revenues for distribution
according to Section 259.101(3)(c), F.S.;
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;
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Temp. Reso. #9507
Exhibit A
WHEREAS, Rule Chapter 9K-4, Florida Administrative Code (F.A.C.), describes the
procedures for evaluation and selection of lands proposed for acquisition using funds allocated to
the FCT through the Department from the Preservation 2000 Trust Fund;
WHEREAS, the FCT Governing Body met on October 05, 2000, to score, rank and select
projects that were to receive conceptual approval for funding;
WHEREAS, the Recipient's project, described in an application submitted for evaluation,
was selected for funding and in accordance with Rule Chapter 9K-4, F.A.C., and more
particularly described within this Agreement;
WHEREAS, Rule 9K-4.010(2)(f), 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-4.0031(9) 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 has been acquired by the Recipient within one
year prior to the application deadline or within 180 days after the application deadline for which
the application was made. The date of this application deadline was June 09, 2000;
WHEREAS, the Recipient acquired the fee simple title to the entire project site on
(Insert date[s])
from . Florida Turnpike Authority
(Insert Seller name[s]);
WHEREAS, the Recipient has requested disbursement of FCT Preservation 2000 Series
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 conceptual
approval that must be satisfied by Recipient prior to the disbursement of any FCT Preservation
2000 funds awarded, as well as the restrictions that are imposed on the project site subsequent to
its acquisition with the FCT Preservation 2000 Series Bond proceeds.
NOW THEREFORE, FCT and Recipient mutually agree as follows:
I. GENERAL CONDITIONS
1. At least two original copies of this Agreement shall be executed by Recipient and
returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100 as soon
as possible and before January 19, 2001. If the Recipient requires more than one original
document, the Recipient should photocopy the number of additional copies needed, and then
Funded/Preacquired/00-025-P10
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Temp. Reso. #9507
Exhibit A
execute each as an original document. Upon receipt of the signed Agreements by FCT, FCT will
execute the Agreements, retain one original copy and return all other copies that have been
executed to the Recipient.
2. The name Conceptual Approval Agreement is used to indicate that the project has
been approved as a concept that was described in FCT application number 00-025-P10. The
Conceptual Approval Agreement is in every respect a grant contract between the parties. The
Agreement describes activities that will be conducted both prior and subsequent to acquisition of
the project site, described in the application that was submitted and selected for funding by the
FCT.
3. Conceptual Approval for funding shall be until September 04, 2001. The FCT
expects that, because the project site was preacquired by the Recipient and substantial work has
already been done, the project will be fully completed by September 04, 2001. In the event the
project has not been completed in full by September 04, 2001, the Conceptual Approval
Agreement must be extended in order that the grant will remain in effect. In advance of the
September 04, 2001, date and in sufficient time before a meeting of the FCT Governing Body
that would allow approval of an extension to this Agreement before its expiration, the Recipient
must request a written extension to the Conceptual Approval Agreement for project continuation
in compliance with Rule 9K-4.010(2)Oj , F.A.C. If the Recipient does not request an extension, or
if an extension is not granted to the Recipient by the FCT Governing Body, the Preservation 2000
award granted to the Recipient by the FCT Governing Body shall terminate and all obligations
hereunder shall cease.
Based upon the Florida Legislature's ongoing oversight of the rate of expenditure of
funds, and the impact on future funding if expenditures do not timely occur, the FCT requires
that the project be completed as soon as possible after project selection.
4. Extensions to this Agreement, described in Paragraph 3 above, shall not exceed 24
months from the date the Agreement was approved by the FCT, except as described in this
paragraph. In compliance with Section 380.510(f), F.S., if the project is not concluded by
December 04, 2002, the project shall only be extended if the FCT Governing Body determines
that a request for additional time to complete the project is warranted based upon Recipient's
demonstration that significant progress is being made toward closing the project or that
extenuating circumstances warrant an extension of time.
5. This Agreement may be terminated before its expiration 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 the offices of the FCT at the
address given in paragraph 1 above. The request for termination will be placed on the agenda of
the next regularly scheduled meeting of the FCT Governing Body for concurrence by the FCT.
The termination shall be acknowledged by the FCT in a letter to the Recipient.
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Temp. Reso. #9507
Exhibit A
Circumstances may arise that, in the analysis of the FCT, warrant termination of the
project before its completion. In such an event, the FCT will advise the Recipient of its analysis
and will confer with the Recipient on continuation of the project. If the Recipient concurs, a
request for termination will be considered at the next regularly scheduled meeting of the FCT
Governing Body.
6. Recipient agrees to make diligent efforts to submit the documentation to FCT that
is required in this Agreement as soon as is reasonably possible so that the project site 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, whether stated in this Agreement or associated with meetings of the FCT Governing
Body, may 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 voidable. It is the
responsibility of the Recipient to know all project deadlines, to devise a method of monitoring
the project, and to adhere to all deadlines.
7. The FCT Preservation 2000 award granted to the Recipient will in no event
exceed the lesser of Forty Percent (40.00%) of the final total project costs, as defined in Rule
9K-4.002(30), F.A.C., or Two Hundred Fifty -Seven Thousand Seven Hundred Eighty Dollars
And No Cents ( $257,780.00), unless the FCT Governing Body approves a different amount,
which shall be reflected in an addendum to this Agreement.
8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate
of total project costs in application number 00-025-P 10, as well as limits on awards in the Notice
of Application period announcing the application cycle. When disbursing funds for the project,
the FCT will recognize the actual total project costs, defined in Rule 9K-4.002(31), 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. The 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-6.007, F.A.C., whichever is less, and
multiplied by the percent stated in paragraph 7 above.
9. The FCT Governing Body has given Conceptual Approval for funding to acquire
the entire project site identified in the Recipient's application number 00-025-P10. The FCT
Governing Body reserves the right to withdraw the FCT award if the acreage that comprises the
project site is reduced so that the objectives of the acquisition cannot be achieved. Request for
modification of the boundary of the project site identified in the Recipient's application number
00-025-P10 may be considered by the FCT Governing Body following the procedures for
submission and review of boundary modification requests set forth in Rule 9K-4.0105, F.A.C.
10. The 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
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Temp.Reso. #9507
Exhibit A
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. Cash expended by the FCT for eligible project costs incurred by the FCT will be
recognized as part of the 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 cash 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 Recipient's application number 00-025-P 10 represents that land preacquired or land
value donated by the Seller is the source of local match, if any is required, the value attributed to
the land value local match for reimbursement shall be determined after an appraisal report that
complies with the procedures and requirements set forth in Rule 9K-6.007, F.A.C. Such appraisal
report shall be subject to review and approval by FCT prior to FCT funds being delivered for the
project.
12. The FCT Governing Body adopted the Preservation 2000 Program Approved List
of Complete Applications for Series P10 Funding Cycle on August 23, 2000, at which time the
project site became part of a list of lands that were approved for consideration for land
acquisition. If action initiated by the Recipient that is the local government having jurisdiction
over the project site, subsequent to August 23, 2000, results in a governmentally -derived higher
value due to an enhanced highest and best use, the FCT acquisition activities will be terminated
unless the Seller agrees that the appraisal will be done at the highest and best use of the project
site on or before August 23, 2000.
13. Recipient hereby notifies the FCT that the following local government
employee or official 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: Special' Projects Coordinator
Address:
7525 NW 88 Avenue
Tamarac FL 33321
Phone: (. 9 4) 71 a-1 8 3 _ Fax: 954 724-2454
The Recipient must notify the 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
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Temp.Reso. #9507
Exhibit A
Executive Director and signed by the appropriate local government employee, official or
authorized representative named in paragraph 11.3_ below.
14. This Agreement may be amended at any time prior to FCT giving project plan
approval to the Recipient. Any amendment must be set forth in a written instrument and agreed
to by both the Recipient and FCT. Such amendments shall become a part of this Agreement.
II. AFFIRMATIONS, ANNUAL REPORT, AUTHORIZED EXECUTOR AND
FEDERAL EMPLOYEE IDENTIFICATION NUMBER
By execution of this Agreement, the Recipient affirms that:
1. the Recipient reaffirms the representations made in FCT application number
00-025-P10;
2. the Recipient shall, on the anniversary date of the approval of the project plan by
the FCT Governing Body, prepare and submit to FCT an annual report as required by Rule
9K-4.013, F.A.C.;
3. the Recipient authorizes local government employee, official or authorized
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 Conceptual Approval Agreement or
any addenda thereto, grant reconciliation statement, statements submitted as a part of the project
plan, and Grant Award Agreement pursuant to Rule 9K-6.014(6), F.A.C.;
Name:
Title: City Manager
Address: 7525 NW 88 hvenue
Tamarac FL 33321
Phone: �g� q„) v 2 a _ 1 2—_ _ Fax:
The Recipient must notify the 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 local government employee, official or
authorized representative.
4. the Recipient hereby notifies the FCT that the Recipient's Federal Employer
Identification Number is 5 9_ 1 0 3 9 5 5 9
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Temp.Reso. #9507
Exhibit A
M. PROJECT PLAN APPROVAL
Prior to final disbursement of award funds by FCT, the Recipient must prepare a
project plan that complies with Rule 9K-4.011, F.A.C. This project plan is a compilation of the
following items listed below, which must be reviewed and approved by FCT in a meeting of the
FCT Governing Body. 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.
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:
a. A statement that the acquisition activities were conducted consistent with
either Rule 9K-6.004(3)(d)(1) or (2), F.A.C., whichever applies.
b. The following closing documents associated with the preacquired
parcel(s):
(1) A copy of the real estate contract(s) for sale and purchase of the
project site between Recipient and Florida Turnpike Authority
(Insert name of Seller[s]) --
(2) A copy of closing statements from Buyer(s) and Seller(s) for the
purchase of the project site.
(3) A copy of the recorded deed(s) evidencing conveyance of title to
the project site to the Recipient.
(4) Certified survey(s) of the project site that meets the requirements
of Rule 9K-6.006, F.A.C., and dated within 90 days of the date of acquisition of project site by
Recipient.
(5) Appraisal report(s) prepared for the Recipient's acquisition of the
project site that complies with the requirements of Rule 9K-6.007, F.A.C.; said appraisal
report(s) must be delivered to FCT in sufficient time for the review described in Section 1.11.
above to be fully concluded before delivery of FCT funds.
(6) A copy of the title insurance policy(s) evidencing marketable title
in Recipient to the project site and effective the date of acquisition of the project site 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).
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Temp. Reso. #9507
Exhibit A
(7) Environmental site assessment(s) of the project site certified to the
Recipient, which meets the standards and requirements of the Recipient, and with a date of
certification within 45 days before the date of acquisition of the project site by Recipient,
together with the statement required by Rule 9K-6.012(4), F.A.C.
C. A management plan that complies with the following: written according
to Exhibit "A" (FCT Technical Assistance Bulletin Number 2—Writing a Management Plan),
which is attached hereto and incorporated herein by reference; acceptable to FCT; addresses the
criteria and conditions set forth in Section IV, V, VI, VH and VM hereinbelow; and, at a
minimum, sets forth how the site will be managed to further the purpose of the project, contains a
description of all planned improvements to the project site, identifies the costs of management
and site improvement and funding sources, and identifies the management entity and its funding
source.
If the Recipient is not the proposed managing entity, the project plan must also 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.
d. A statement of the total project cost, including all non -recurring costs of
project development.
e. A statement of the amount of the award being requested from FCT.
f. A statement from each Recipient in whose jurisdiction the project site is
located that the project plan is consistent with the local comprehensive plan.
g. Evidence that conditions imposed as a part of the Conceptual Approval
Agreement have been satisfied.
h. An affidavit from the Recipient evidencing that after conducting a diligent
search, the Recipient, to the best of its knowledge, represents that there are no existing or
pending violations of any local, state, regional and federal laws and regulations on the project
site.
2. The FCT strongly encourages the Recipient to request a courtesy review of its
entire project plan, but especially its management plan, well in advance of the meeting of the
FCT Governing Body where the project plan will be considered for approval and funds will be
authorized for disbursement. As a part of its duties to the FCT Governing Body, FCT staff will
make a recommendation of approval of complete and accurate project plans or disapproval of
incomplete or insufficient project plans. Recipient is strongly urged to coordinate with the FCT
staff in order that the FCT review of the management plan coincides with the anticipated FCT
Governing Body approval.
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Ternp.Reso. #
Exhibit A
3. Pursuant to 9K-4.011(2)(h), F.A.C., FCT shall withhold project plan approval if
the local comprehensive plan(s) of the Recipient or the Recipient's partner is, for any reason,
found not in compliance by the Department after conceptual approval has been granted by FCT,
unless the Recipient has executed a Compliance Agreement (formerly called a
stipulated settlement agreement) with the Department to resolve all of the issues raised by the
Department in a statement of intent to find a plan not in compliance issued pursuant to Section
163.3184(8), F.S.
4. Pursuant to Rule 9K-4.010(3), F.A.C., the FCT shall publish a Notice of Approval
for Preservation 2000 funds in the Florida Administrative Weekly that shall list each project plan
that has received approval for funding and the amount of funding approved. Any person with a
substantial interest that is or may be determined by the decision of the FCT to reject or approve
the project plan may request an administrative proceeding pursuant to Section 120.57, F.'S.,
within 21 days from publication of the Notice of Approval for Preservation 2000 funds.
Reimbursement of costs of acquisition of the project site may only take place after expiration of
the 21-day notice period, so long as no requests for an administrative proceeding have been filed.
IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY
CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, F.S.
FCT RECIPIENT AGREES AS FOLLOWS:
1. FCT shall approve the terms under which the interest in land was acquired,
pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT Governing
Body approves the project plan containing a copy of the document vesting title to the project site
in the Recipient.
2. 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 375.045 and 375.051, F.S.; Section 9, Article XII
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 upon failure to use
the project site conveyed thereby for such purposes. Such covenants and restrictions as are
described in this paragraph shall be in the form of a Grant Award Agreement, prepared by FCT,
executed by the parties to the Conceptual Approval Agreement and recorded at the time of
reimbursement for acquisition of the project site. The recordable 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 recordable Grant Award Agreement are
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Temp.Reso. #9507
Exhibit A
contained in this Conceptual Approval Agreement, with the exception of statements that do not
survive the reimbursement for the acquisition of the project site.
4. The 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 the 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.
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 Grant Award Agreement referenced in paragraph 3 above 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 all interest in
real property it has acquired with the FCT award shall be conveyed or revert to the Board of
Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with
another local government or nonprofit organization which agrees to accept title to all interest in
and to manage the project site.
8. The project site shall be managed only for the conservation, protection and
enhancement of natural resources and for public outdoor recreation that is compatible with the
conservation, protection and enhancement of the project site, along with other related uses
necessary for the accomplishment of this purpose. The proposed uses for the project site must be
specifically designated in the management plan approved by the FCT as a part of the project plan.
V. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF
PROJECT FUNDING
1. Following the acquisition 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 Recipient's
comprehensive plan is required, the amendment shall be proposed at the next comprehensive
plan amendment cycle available to the Recipient subsequent to the project site's acquisition.
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. Evidence shall be provided to FCT that all required licenses and permits
have been obtained prior to the commencement of any construction.
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Temp.Reso. #9507
Exhibit A
3. The Recipient shall, through its agents and employees, prevent the unauthorized
use of the project site or any use thereof not in conformity with the management plan approved
by the 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.
VI. AUDIT REQUIREMENTS
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 under 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.
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 216.3491, Florida Statutes; applicable rules of the Executive Office of
the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General.
Section 1.7. above indicates State financial assistance through FCT by this Agreement.
In determining 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 nonstate 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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�v/
Temp. Reso.. C'
Exhib-' ,,
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 4
above, 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
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 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 216.3491(7),
Florida Statutes. This includes submission of a reporting package as defined by Section
216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General.
e. 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 216.3491,
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 216.3491, 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 from
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.
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Temp.Reso. #956
Exhibit A
6. The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three 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 three-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 216.3491,
Florida Statutes, by an independent auditor who shall either be a certified public accountant or an
external state or local governmental auditor. The independent auditor shall state that the audit
complied with the applicable provisions noted above.
VII. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE
OF BOND PROCEEDS
1. FCT is authorized by Sections 375.045(4) and 380.510(7)(a) and (b), F.S., to
impose conditions for funding on Recipient in order to ensure that the project complies with the
requirements for the use of Preservation 2000 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. If the project site is to remain subject, after its acquisition by the Recipient and/or
the Trustees, to any of the below listed transactions, events, and circumstances, the Recipient
shall provide at least 60 days advance written notice of any such transactions, events, and
circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT
reasonably requests in order to evaluate the legal and tax consequences of such activity or
interest. Recipient agrees and acknowledges that the following transactions, events, and
circumstances 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 the following transactions, events, and circumstances 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:
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;
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Temp.Reso. #9507
Exhibit A
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;
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.
The foregoing are collectively referred to as the "disallowable activities."
VIII. DISALLOWABLE ACTIVITIES/REMEDIES
In the event that FCT determines at any time or from time to 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 the FCT. To the extent allowed by law, Recipient hereby indemnifies and
agrees to hold FCT harmless from all claims, causes of action or damages of any nature
whatsoever arising from or with respect to disallowable activities on the project site. Nothing
herein shall be deemed a waiver of the Recipient's sovereign immunity. In addition to all other
rights and remedies at law or in equity, FCT shall have the right to temporary and permanent
injunctions against Recipient for any disallowable activity on the project site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT
RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR
NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT
SITE WILL IN NO WAY RELIEVE THE FCT 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.
IX. 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 Paragraph 1 of Section III 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 representations made in the application that received scoring points or
observations made by the FCT staff during the site visit described in Rule 9K-4.010(2)(f),
F.A.C.:
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FINAL 14
Temp.Reso. #9507
Exhibit A
1. Outdoor recreational facilities including trails, nature kiosk, outdoor amphitheater,
playground, and picnic area shall be provided. The facilities shall be developed in a manner that
allows the general public reasonable access for observation and appreciation of the natural
resources on the project site without causing harm to those resources.
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 Preservation 2000 Program and the City of
Tamarac. Such recognition shall also be included in all printed literature and advertising
associated with the project site.
3. Regularly scheduled and ongoing educational programs that promote the protection
of natural and cultural resources shall be provided at the project site.
4. A survey of the vegetative communities and plant species on the project site shall be
conducted. The survey shall be used during development of the site to ensure the protection,
restoration, and preservation of the native vegetation on the project site.
5. The project site shall be managed in a manner that protects and enhances habitat for
listed wildlife species that utilize or could potentially utilize the project site. The development of
the management plan shall be coordinated with the Florida Fish and Wildlife Conservation
Commission to ensure the protection of listed species and listed species habitat. Periodic surveys
shall be conducted of listed species using the project site.
6. Approximately four acres of the project site shall be maintained as landscaped open
space where exotic and invasive plant species are controlled and replaced with native plants. At
least one acre of the project site shall be restored as a natural wetland community in terms of
biological composition and ecological function by lowering ground elevations to a proper
elevation and replanting native aquatic vegetation. An ongoing monitoring and maintenance
program shall be implemented to ensure the success of the wetland restoration plan.
7. Adjacent development activities shall be monitored through the development review
and approval process to ensure that such activities do not negatively effect the resources on the
project site.
8. A stormwatcr management plan shall be developed and implemented at the project
site to ensure the protection of adjacent surface waters.
9. 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 Recipient shall reference the
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FINAL 15
Temp.Reso. #9507
Exhibit A
Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying
invasive exotic vegetation on the project site.
10. Pedestrian and bicycle access to the project site shall be promoted through
pedestrian oriented walkways and bicycle routes that link the project site with adjoining
residential neighborhoods -
11. The project site shall be managed in conjunction with nearby public and private
conservation lands to provide synergistic benefits for resource conservation and to promote the
recovery and maintenance of listed animal species.
12. The requirements imposed by other grant program funds that may be sought by the
Recipient for activities associated with the project site shall not conflict with the terms and
conditions of the this award.
parties.
This Agreement including Exhibit "A" embodies the entire agreement between the
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
CITY OF TAMARAC
By:
Print e: loseph Schreiber
Its: Mayor ^
Date: fl _lit u 1__ --
Print Namj(-/Jeffrey L. Miller
Its:
Date:
19
Vdnt Name: MitcheiY Kraft
Its: City Attorney
Funded/Preacquired/00-025-P 10
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FINAL
FLORIDA COMMUNITIES TRUST
�-
e..ccBrowning
_Brownin
tiV 1 c I
cutiveDirector
Date:
Approved a to Form and Legality:
Ann J. Wild, T st Counsel
'ton 27 P�� 1205
RED
QF T'Ah?j'ir,�;CIT
August 23, 2001
i -Tr q mac, j
At
Florida Commumfies Trust
Ms. Diane M. Phillips
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, FL 33321
RE: FCT Project Number 00-025-P10
McNab Park Restoration Project
City of Tamarac
Dear Ms. Phillips:
Enclosed are two originals of the Addendum I to the Conceptual Approval Agreement for
McNab Park Restoration Project. The Addendum includes an extension of time until March 4,
2002.
Please execute both originals and return them to FCT as soon as possible. We will execute both
originals, retain an original for our files and return the second to you for your records.
Any questions about the addendum can be directed to Ann Wild, Trust Attorney at
(850) 488-0410. Please execute the addendum and return it to the Trust as soon as possible.
Sincerely,
Janice Browning
Executive Director
JB/bw
Enclosure: Conceptual Approval Agreement Addendum
DEPARTMENT OF COMMUNITY AFFAIRS • 2555 S14UMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100
850/922-2207 • SUNCoM 292-2207 9 FAX 850/921-1747
F(au1M COM UNina TRUST Re(.y(IM
Contract No: 01-CT-1 G-00-10-A 1-025
FCT Project No: 00-025-P10
FCT Project Name: McNab Park Restoration Project
ADDENDUM 1 TO CONCEPTUAL APPROVAL AGREEMENT
This ADDENDUM 1 to the Conceptual Approval Agreement is entered into by and
between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the
State of Florida Department of Community Affairs, and CITY OF TAMARAC (Recipient), this _
day of , 2001.
WHEREAS, the parties hereto entered into a Conceptual Approval Agreement setting
forth the conditions of conceptual approval that must be satisfied by Recipient prior to the
disbursement of the FCT Preservation 2000 award and the restrictions that are imposed on the
project site subsequent to its acquisition;
WHEREAS, the term of the Conceptual Approval Agreement expires September 4,
2001;
. WHEREAS, the Recipient in accordance with GENERAL CONDITIONS paragraph
3 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)0), F.A.C.,
has timely submitted to FCT a written request for extension of the September 4, 2001 expiration
date;
WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval
Agreement states that the agreement may be amended at any time prior to FCT giving final
project plan approval to the Recipient. Any agreement must be set forth in a written instrument
and agreed to by both the Recipient and FCT;
WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval
Agreement as provided by Rule 9K-4.010(2)0), F.A.C.;
NOW THEREFORE, the FCT and RECIPIENT mutually agree as follows:
I . Notwithstanding the language of Section 1. GENERAL CONDITIONS,
paragraph 3. and paragraph 4., the parties hereby agree to revive it nunc pro tunc as though it had
not lapsed in accordance with paragraph 3.
2. In every respect, this amendment is to be construed and applied as though
the parties had both signed it before September 4, 2001.
CAAMD 1 /00-0250P 10
8/22/01
3. The Conceptual Approval Agreement by and between FCT and Recipient
is hereby extended until March 4, 2002.
The date of execution of this addendum shall be the date that the last party signs this
addendum.
IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM 1
TO CONCEPTUAL APPROVAL AGREEMENT.
CITY OF TAMARAC
By
Print Name: Je frey L . Miller
Its: City Manager
Date:
App ve a to4Formaegality:
B
Print meaft
r
By:
ted Name: Joe Schreiber
Its: Mayor
Date.
CAAMD 1 /00-0250P 10
8/22/01
FLORIDA COMMUNITIES TRUST
Janice Browning
Executive Director
Date:
Approved as to Form and Legality:
NO
Ann J. Wild, Trust Counsel
Contract No: 01-CT-1 G-00-10-A 1-025
FCT Project No: 00-025-P10
FCT Project Name: McNab Park Restoration Project
ADDENDUM 1 TO CONCEPTUAL APPROVAL AGREEMENT
This ADDENDUM 1 to the Conceptual Approval Agreement is entered into by and
between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the
State of Florida Department of Community Affairs, and CITY OF TAMARAC (Recipient), this _
day of
WHEREAS, the parties hereto entered into a Conceptual Approval Agreement setting
forth the conditions of conceptual approval that must be satisfied by Recipient prior to the
disbursement of the FCT Preservation 2000 award and the restrictions that are imposed on the
project site subsequent to its acquisition;
WHEREAS, the term of the Conceptual Approval Agreement expires September 4,
2001;
WHEREAS, the Recipient in accordance with GENERAL CONDITIONS paragraph
3 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)6), F.A.C.,
has timely submitted to FCT a written request for extension of the September 4, 2001 expiration
date;
WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval
Agreement states that the agreement may be amended at any time prior to FCT giving final
project plan approval to the Recipient. Any agreement must be set forth in a written instrument
and agreed to by both the Recipient and FCT;
WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval
Agreement as provided by Rule 9K-4.010(2)0), F.A.C.;
NOW THEREFORE, the FCT and RECIPIENT mutually agree as follows:
1. Notwithstanding the language of Section I. GENERAL CONDITIONS,
paragraph 3. and paragraph 4., the parties hereby agree to revive it nunc pro tunc as though it had
not lapsed in accordance with paragraph 3.
2. In every respect, this amendment is to be construed and applied as though
the parties had both signed it before September 4, 2001.
CAAMD 1 /00-0250P 10
8/22/01
3. The Conceptual Approval Agreement by and between FCT and Recipient
is hereby extended until March 4, 2002.
The date of execution of this addendum shall be the date that the last party signs this
addendum.
IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM 1
TO CONCEPTUAL APPROVAL AGREEMENT.
CITY OF TAMARAC
By. 4
Print Name: Jef/f&ef L. Miller
Its: City Manager
Date:
n
By
r�rnted Name: Joe Schreiber
Its: Mayor
Date:'^�
CAAMD 1 /00-0250P 10
8/22/01
FLORIDA COMMUNITIES TRUST
Janice Browning
Executive Director
Date:
Approved as to Form and Legality:
Ann J. Wild, Trust Counsel