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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-348Temp. Reso. #9611 - Page 1 November 13, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-348 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING AN AWARD FROM THE BROWARD COUNTY CHALLENGE GRANT PROGRAM IN THE AMOUNT OF $500,000.00 FOR MCNAB PARK; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY FOR THE BROWARD COUNTY CHALLENGE GRANT PROGRAM IN THE AMOUNT OF $500,000.00; AMENDING THE ANNUAL GRANTS FUND BUDGET OF ESTIMATED REVENUES AND EXPENDITURES IN THE AMOUNT OF $500,000.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors a higher level of service by enhancing and improving its outdoor recreation facilities and environment; and WHEREAS, the Broward County Challenge Grant Program provides grants to local governments to benefit municipal parks and recreation systems within the geographic boundaries of Broward County; and WHEREAS, on February 28, 2001, the City Commission of the City of Tamarac passed Resolution #R-2001-34, attached hereto as "Exhibit B", authorizing the appropriate City Officials to apply for grant funding from Broward County in the amount of $500,000.00 to provide Tamarac residents and visitors enhanced parks and recreation programs at McNab Park; and WHEREAS, the City of Tamarac has received notification from the Broward Temp. Reso. #9611 - Page 2 November 13, 2001 County Challenge Grant Program that grant funding has been approved for the City of Tamarac in the amount of $500,000.00; and 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 interest of the citizens and residents of the City of Tamarac to accept the Broward County Challenge Grant Program award in the amount of $500,000.00 to enhance the City's programs and facilities at McNab Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The Broward County Challenge Grant award in the amount of $500,000.00 is hereby accepted from Broward County for enhanced Parks and Recreation Programs at Caporella Park. SECTION 3: The appropriate City Officials are hereby authorized to execute an agreement in the amount of $500,000.00 between the City of Tamarac and Broward County, attached hereto as "Exhibit A". SECTION 4: The appropriate City officials are hereby authorized to amend the Grant Funds Budget in the amount of $500,000,00 and appropriate said funds including 1 1 Temp. Reso. #9611 - Page 3 November 13, 2001 any and all subsequent transfer to be in accordance with proper accounting procedures. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED, AND APPROVED this 28t" day of November, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ION as to form. LWIITCHELL$!N CITY ATTOR �&UAYORI RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Al yel DIST 1: COMM. PORTNER A e. DIST 2: COMM. MISHKIN Al e� DIST 3: V/M SULTANOF_Aye, DIST 4: COMM. ROBERTS A e., 9.7 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Agreement except as authorized by Exhibit "A CONTRACTOR represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s), provided to or on behalf of CONTRACTOR, shall be comparable to the best local and national standards. 9.8 CONFLICTS Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR's loyal and conscientious exercise of judgment related to its performance under this Agreement. CONTRACTOR agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY or in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event CONTRACTOR is permitted to utilize subcontractors to perform any services required by this Agreement, CONTRACTOR agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. 9.9 AMENDMENTS Except for the provisions set forth in Article 2, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless WBOND GRANTSIChallenge GRAWnContracta\Tamarac - McNad Park.wpd Page 13 of 23 contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CONTRACTOR. 9.10 WAIVER OF BREACH AND MATERIALITY Failure by COUNTY to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.11 COMPLIANCE WITH LAWS CONTRACTOR shall comply with all federal, state, local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 9.12 SEVERANCE In the event this Agreement, or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CONTRACTOR elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 9.13 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein, and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 9.14 PRIORITY OF PROVISIONS In the event of a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in the Florida Statutes, Florida Administrative Code, and Broward County Code of Ordinances, shall prevail and be given effect. G:kBDND GRANTS\ChallerW GRANT1ConbadsMmarac - McNab Park.wpd Page 14 of 23 9.15 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 9.16 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms, hereof, shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 9.9 above. 9.17 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A", "B" and "C are incorporated into and made a part of this Agreement. 9.18 MULTIPLE ORIGINALS Multiple copies of this Agreement may be fully executed by all parties, each of which shall be deemed to be an original. GABOND GRANTS\Challenge GRAN RCnntradsSTemarac - McNeb Park.wpd Page 15 of 23 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through the County Administrator, authorized to execute same by Resolution approved by the BOARD, and City of Tamarac, signing by and through its officer, duly authorized to execute same. WITNESSES: COUNTY BROWARD COUNTY, by and through its County Ad ' istrator By County Administra or r day of A20 1 �F:.�0. Fr.. ✓^yd CApproved as to form by { - 1 v affit:e of the County Attorney tDWARD A. DION, COUNTY ATTORNEY Broward County, Florida vernmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Insurance requirements approved by Broward County Risk Management Division By bIL= GABOND GRANTS\Challenge GRANT\CaMracts\Tamarac - McNab Park.wpd Telephone: (954) 357-7600 Teleco 'er: (954) 357-7641 By - C 0 W, - " --- Pafr'ic'e--M-_ Eichen Assistant County Attorney Page 16 of 23 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR BROWARD COUNTY CHALLENGE GRANTS PROGRAM WITNESSES: ATTEST: City Clerk �(t ESS S: (CORPORATE SEAL) C99 8102/01 CONTRACTOR O F ��.cr- - - - By w Mayor `a day of Al OVe,")I L,Qr , 20 4/ G SOND GRANTS%C w1Wr ge GRAN-MonbadslTamam - McNad Park.wpd Page 17 of 23 EXHIBIT "A"' GRANT PROGRAM GUIDELINES I. Project Title: MCNAB PARK (McNab Road westernmost terminus) 11. Scope of Project: Construction of a 5,300 sq. ft. playground with sunshade, parking, 1,300 sq. ft. amphitheater, four (4) picnic shelters, restrooms with pavilion, trail with exercise stations, education kiosk, landscaping and wetland area. A. CONTRACTOR agrees to construct the Project known as McNab Park in accordance with the plans and specification prepared by, or under the supervision and review of, a registered professional architect, engineer, or other appropriate professional. These elements are identified in the Project description which is attached to this Agreement as Exhibit "B." B. CONTRACTOR is responsible for obtaining all state, federal, and local permits, licenses, agreements, leases, easements, etc., required for the Project, and for following applicable state, federal, and local statutory guidelines regarding the procurement of professional services. C. CONTRACTOR shall erect a permanent sign acceptable to the Contract Administrator identifying the 2000 Broward County Safe Parks and Land Preservation Bond Program and COUNTY as a funding source of Project construction. (Please see attached sample sign and sample sign specifications.) III. Required Documentation for Services Rendered: A. The Contract Administrator is responsible for ensuring performance of the terms and conditions and shall approve all payment requests prior to payment. CONTRACTOR shall submit to the Contract Administrator signed quarterly Project status reports on a calendar basis summarizing work accomplished, problems encountered, percentage of completion, and other appropriate information. Photographs shall be submitted when appropriate to reflect work accomplished. CONTRACTOR shall furnish to the Contract Administrator a copy of the Project's construction contract(s) within fifteen (15) days of full execution of same. B. Upon Project completion, the engineer, architect, or other appropriate professional shall sign a statement certifying satisfactory completion of the Project in accordance with the prepared plans and specifications. G-M30ND GRANTS\Challenge GRAN-Mordracts\78marac - McNab Park.wpd Page 18 of 23 C. Upon Project completion, CONTRACTOR shall also submit a site plan (as -built), list of construction facilities and improvements, and color photographs reflecting the work accomplished. IV. Matching Funds (if applicable): Pursuant to Section 4.1 of the Agreement (if applicable), CONTRACTOR agrees to provide matching funds in the amount of $125,000.00. V. Bond Program Guidelines A. Grants for up to Two Hundred Thousand Dollars ($200,000.00) require no cash match. B. Grants from Two Hundred Thousand and One Dollar ($200,001.00) to Five Hundred Thousand Dollars ($500,000.00) require a minimum Twenty-five Percent (25%) cash match from CONTRACTOR. C. Applicants cannot have more than a maximum of three (3) grants of up to Five Hundred Thousand Dollars ($500,000.00) each. D. Grant monies must be spent within a five (5) year time limit from the date of the County Administrator's approval of the Agreement. E. All grant funds are to be paid on a reimbursement basis pursuant to the completion points, percentages formulas and retainage language set forth in Article 4 of the Agreement. F. Access to the Project by municipal residents and nonresidents alike will be nonexclusionary. G. All Project sites are to be owned by CONTRACTOR or have a lease of a minimum of Twenty-five (25) years. CONTRACTOR shall be required by the Contract Administrator to show proof of ownership or leasehold status. H. All Projects will remain in public parks and recreation use for a minimum of Twenty-five (25) years. Funds can be used for outdoor and indoor recreation facilities. J. All applicants will provide a resolution from their governing board in support of the proposed Project. GIBOND GRANTSIChaltenpa GRANTSCanhads\Tamarac - McNab Park.wpd Page 19 of 23 K. Non-profit organizations applying for grants must obtain a resolution of approval from the municipality in which the Project is located. t_. Projects will be consistent with recognized parks/recreational standards for similar facilities. M. Applicants must be sufficiently capable and qualified to complete the proposed Project, and thereafter, operate and maintain the Project's facility. N. No Grant Program funds are to be used for recreation programming and operational costs. O. All applicants will be required to submit an application to the Contract Administrator. GABONU GRANTStChallenge GRAN nContractaNTamarac - McNah Park.wpd Page 20 of 23 EXHIBIT "B" GRANT PROJECT DESCRIPTION (to include sections for project timetables and project cost/budget, plus invoice form) McNab Park Project - See Attachments. Page 21 of 23 Challenge Grant Agreement Exhibit "B" Grant Project Description Attachment 1 of 2 BROWARD COUNTY 2000 SAFE PARKS AND PRESERVATIONLAND SWIM CENTRAL PROGRAM CHALLENGE GRANT PROJECT TIMETABLE/SCHEDULE A enc City of Tamarac Project Number: Project Name: McNab Park Start Date Com I Project Elements Pre Construction Design, Permits, Development Review, 3/02 8/Q2 Surveys Site Work Including shelters, parking exercise path, 12/02 playground $/D2 Restroom and Amphitheater construction 12/Q2 3/03 Closeout and Certificate of Completion 3/p3 5/Q3 n Date Challenge Grant Agreement Exhibit "B" Grant Project Description Attachment 2 of 2 BROWARD COUNTY 2000 SAFE PARKS AND LAND PRESERVATION BOND PROGRAM CHALLENGE GRANT / SWIM CENTRAL PROJECT COST/BUDGET Agency: City of Tamarac Project Number: Project Name: McNab Park Project Element Grant Funds Other Funds Source of Other Funds Total Funding for Project Site clearing/prep/fill $24,000 $21,000 City $45,000 Site Design $60,000 $2,000 City $62,000 Universally Accessible Playground $87,500 $87,500 FRDAP Grant $175,000 Sunshade/playground $20,000 $20,000 FRDAP Grant $40,000 Parking Area $50,000 $-0- $50,000 Amphitheatre $150,000 $-0- $150,000 Picnic Shelters w/elec. Access (2) $40,000 $40,000 LWCF Grant $80,000 Restrooms w/ Pavillion $65,000 $65,000 FRDAP Grant $130,000 Trail w/exercise stations $-0- $49,000 LWCF Grant $49,000 Education Kiosk $-0- $1,000 LWCF Grant $1,000 Landscaping $3,500 $21,800 Urban Forestry Grant/City $25,300 TOTALS $500,000 $307,300 $807,300 EXHIBIT "C" GRANT PROJECT DESCRIPTION (Real Property Document(s) re property title or leasehold interest) (Per Exhibit "A") McNab Park Project - See Attachment. Page 22 of 23 IMAGE01 : FL-00-1549-2 01/05/2000 05:30:42pm 19111111111111111111 Page 1 of 4 This instrument prepared under the Supervision of Jack R. Leonard, Attorney Florida Department of Transportation Tumplko District 605 Suwannee Sucet Tallsbassee, FL 32301 FP Na. 190708.1-43-01 Wpl No. 01 S0467 Q Parcel No. 97S290 �j County. Broward QUITCLAIM DBTD Imo # "64749 ORK2MPasm OEM IImilm of I* Ri Ma M THIS INDENWRR, made thla _Z, day of �, 1999, by aM between the STATE OF FLOIt1DA, DEPARTMEW OF TRANSPORTATION. a department of the State of Florida cxiodng pwusuant to the provisions of Section 20.23, Florida Statutes. (as successor in interest to the 13roward County Expressway Atnhority), hereinafter Grantor, and THE CITY OF TAMAI AC, a pot it cW subdivision of the state of Florida, whole post office eddress is 7525 NW 880 Avenue, Tamarac, Florida 33321, hereinafter Grantee. ►"2�IM Fi-T,''1ii1 WHEREAS, the land hcminafier described was acquired by the Otentor for hate highway purposes; and WHEREAS, the Wd Iand is oo longer required for such purposes, and the draator, by Action of the Turnpike District Secretary, on August 27.1996, acting purausnt to the ptoviaiaoa of Section 337.25, Florida Statutes, has agreed io quilclairn dw said lsnd to the Orasiae. NOW THEREFORE, in consideration of the sum of One Dollar in hand paid to it by tho Grantee, and other good and valuable consideration, the receipt and ttufl-iciancy of which are hereby acknowledged, the Grantor does hereby remise, release, and forever quhelsim to the Gmnree all of Grantor's right, title, and interest in end to that petrel Of" property described in the attached Exhibit "A", provided and excepted that the Omator, for iuclf crud Its successors and assigns in perpetuity, reserves an undivided ane-fotWu intftirest Ia. led title M. s1l of the phosphate, minerals, and metals that are of may be in, on at under. the said real property described in Exhibit "A", and further reserves and undivided one-halfimereet in, and tide to. All of the petroleum thou is or may bo in, on or under the sold real properly. together with the privilege to drill, mine, or develop the xxrrrs. As is condition of this grant the Orentur hereby impulse the fallowins restriction on the amid real property described in Exlu'bit "A", which restriction shall run with the laed in perpetuity, as follows: No commWial trarumission or teceivins devices which carry xignals VdAGE01 : F1.-00-1549.2 01/05/2000 05:30:42pm 09 K'2M3 ISOMI Page 2 of 4 which cause, or could cause, interference with the operations ofthe (3tomor, may be placed, construotad, or maintained on the raid real property. The parties hereto agroe that the Grantor has no adequate remedy at law to crtforce this msuietion, and that it may be onforced by injunctive ttlief. This conveyance is made subjcct to airy and all unpald taxes, special oseosotnenu, covenants, conditions, restriction, and enctimbrances of record, but the reference hereto dots not serve to reiMpow the rams. TO HAVE AND TO HOLD the said real property doaaribed in Exhibit "A;' together with all apptutenanees thereto, unto the Grantee and Ito Buocessors and assigns forever. fN WITNESS WHEREOF, the State of Florida. Deparuncte of Trampottadon, has caused thcso presonts to be signed by its duly authoriacd offiee>r, to wit-, its District Soeratory, and ttttestod by its Executivc Secretary, an the date first above written. Signed. sealed and nSTFLIPUID Delivered in our presence NSPORTATION As witneseea: gautlte y: i ct 8eotetary Tlttnplica Dietric Witness tuune printed or Typed: b � I • Attest: w Si rib Exccudvc Nrelary. Turnpike •ct 'ti, Witness name printed or typed:, " Legal Review' Print name: g STATE OFF RIDA COUNTY OF B R�mnpnaMI& gned notary public, 9t9te alFlorida, this day petitonally appeared , Dismri t secretary. Tw pwe "District, State of Florida, Depertm mi ot� �{ 1 (�nri cud n. Exacodva Sacretary, TUMPWA IMAGE01 : FL-00•1549.2 01/05/2000 05:30:42pm Page 3 of 4 Dixvict. Stars of Florida. Doparbruml of Tnuuporrotion, mapectivaiy, who are pensonelly known to tae, and each produced ■ current Florida driver's license as identification, and who did tbcreafter acknowledge before me that each of them executed the foregolne lnstflrntent CO h"f of the Sntc of Florida, Depar meat of Transportation, for the purposes therein expressed. Sworn to and subradbed bcforc me thise'K dILy of 19". qn- p_ Notary ie ���� MrrdMllan 10�aa11 retlRl ttrria Ih Nsms a My Commission axpires: IMAGE01 : FL-00-1549-1 01/05/2000 05:30:42pm Page 4 of 4 EXHIBIT "A" 0 K 119fi3 pC IM Prepared under the direction of F.P. No.: 1907011-- I Mike Joiner. PLS 3905 W.P.1. No.: 0130467 State Prc jacl No.: 97970-2302 County: Broward Panel No.; 97S290 Old Pareal No.: 133.1 Lagrl Decrippon A padim of that parcel of lead recorded is O.R. Book 12202 Pass 947. Public Reoorda of Broward C.auary, Florida, being more partiativlr described se follows, A parcel of land lying is Tracts 14, 1S, sad 16 in SocOon 7, Tavwhip 49 tiauth. Range 41 cast in the FLORIDA F anTL ANDS COMPANY-S SUBDIVISION NO.2 as recorded in Plat Hook 1, Page 102 of the Public Records of Palm Bach C umv. Florida. being som partienlarly descAbod u Maws; Commence at the Nortbwest owner of said Section 7 said point baving a Florida Stato Plans Coordinate of N691e31.31 and E730240.57 (Emu Zone); thence on a grid bearing of Noah 19. 33, IS" P" along the Notch line of acid Section 7 a diatanoa of 1 S.00 foot to ■ lino 15.00 feet Beat of aad pardlol with the want line of Sectioo 7; thane South Oo° 05' 06" East alone said parallel limit dimitaac of 15.00 feat to aline 15.00 fact South of and parallel with the aid North Cute of Scotian 7; t wKo North 19° 33' I S" Past along said parallel 6m a distance of 1040.99 foci, said point being the POINT' OF BEOINNM- tbence South 00' 24' 54" Bast a distance of 979.25 fmt: thence South 19. 3g' IT, Wet is diateme of 350.001bat; thaace South W 24' 54" FAA a dirAuwo of 994.76 foot to the Somb liae of said inn 14. thence South 89" 23' 1 r Wert a distance of 172.92 far; thence North 05013' 43" West a distance, of 249.79 foot to a point of curvasure of a NMHW gent ewve soosave to the Baal: bream Northerly along *0 we of said can to the right. bovine a eaatW angle of 04° 111 5611 sad a radius of 11,309,1 d feat for an am distaum of 121.79 fort to.a Point of7aogencr. thaatx Notts OD' 13' 2S" Wont along o line taallow to tbo tact decribed curve a distaacs of 192.07 foot; tbeace Nome 49, 33' 15" Fart a distsme of $69.91 foot to the POINT OF BECANNINO, OWNER'S TITLE INSURANCE POLICY Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason o£ 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipula- tions. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. •�,,,,WYIMUN1Ny,l4 V.............Attorneys' Title Insurance Fund, Inc. By Charles J. Kovaleski President SERIAL OPM- 1658727 FUND FORM OPM (rev. 3/98) discretion, to appeal from any adverse judgment or order. • (d) In all cases where this policy permits or reqtiires The Fund to " prosecute or provide for the defense of any action or proceeding, the insured shall secure to The Fund the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of the insured for this purpose. Whenever requested by The Fund, the insured, at The Fund's expense, shall give The Fund all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of The Fund may be necessary or desirable to establish the title to the estate or interest as insured. If The Fund is prejudiced by the failure of the insured to furnish the required cooperation, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided The Fund, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to The Fund within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If The Fund is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of The Fund and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any autho- rized representative of The Fund, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of The Fund, the insured claimant shall grant its permission, in writing, for any autho- rized representative of The Fund to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to The Fund pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of The Fund, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination underoath, produce other reasonably requested infornwtion nr grant permission to senlre rea- sonably neccss:uv inform:ltinrl from third parties a% rcquirc d in this 1)a('agrilpll hllall tel llllll:lle' ally heb1111}' of•1•he Fund under this policy as to that claim. 6. Options To Pay or Otherwise Settle Claims; Termination of Liability In case of a claim under this policy, The Fund shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To payor tender payment ofthe:unount of insurncc under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by The Fund, up to the time Of payment or tender of• payment and which The Fund is obligated to pay. Upon the exercise by The Fund of this option, all liability and obliga- tions to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to The Fund for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this Policy, together with any costs, attorneys' fees and expenses incurred (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by The Fund up to the time of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of either of the options provided for in paragraphs (b) (i) or (ii), The Fund's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obliga- tion to defend, prosecute or continue any litigation. 7. Determination, Extent of Liability and Coinsurance This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of The Fund under this polity shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (79tis paragraph dealirtgwith Coinsurance was removed from Florida policies.) (c) The Fund will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipu- lations 8. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by The Fund and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability (a) If The Fund establishes the tine, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by The Fund or with The Fund's consent, The Fund shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, ad- verse to the title as insured. (c) The Fund shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written conserit of The Fund. 10. Reduction of Insurance; Reduction or Termination of Liability All payments under this policy, except payments made for costs, attorneys' Fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount The Fund may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, orwhich is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or de- stroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of The Fund. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, LXCLUS1ONS FROM COVERAGE: I hr following manrts :cre• rxjcccssl,N• ('\c Imle•d from the• coverage of this policy ;utd 7'hr Fund will not pay loss or damage, costs, attorneys' Irrs or rxprnsrs which ;Irkc• In, reason of: I . (a) ;1n} I.Iw. urdin:ute c ur governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) rrstrirting, regulating, prohibiting cu- relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locat.iott of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice ofa defect, lien or encumbrance resulting I rom a violation or alleged violation affecting the land has been recorded in the public records at Dal"e"' of Policy. (h) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding front c oxerage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to The Fund, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to The Fund by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDMONS AND STIPUILATIONS 1. Dermition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses The Fund would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, or any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument (f) "public records": records established under state statutes at date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions from Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long' as the insured shall have liability by reason of covenants of warranty' made by the insured in any transfer or conveyance of the estate or interest. This noliry shall norrontimie in fnrrP inf vnr nFona..... �rt..,ear from the insured of'either (i) all estate or interest in the land, or (ii) all indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim To Be Given by Insured Claimant The insured shall notifyThe Fund promptly in writing (i) in case of arty litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title- or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which The Fund may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to The Fund, then as to the insured all liability of The Fund shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify The Fund shall in no case prejudice the rights of any insured under this policy unless The Fund shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant To Cooperate (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, The Fund, at its own cost and without unreasonable delay, shall proNide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but onlyas to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Fund shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Fund will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Fund shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Fund may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If The Fund •shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever The Fund shall have brought an action or inierpoxrd n deFo r.rn nn ..e...,..-n.-1 .-.................J L.-. .1... .-.��_.._. �_.. ._r.1.L _..-11 .�. •tY._ SCHEDULE A Policy No.: OPM-16 5 8 7 2 7 Effective Date: 12/ 2 0/ g gAgent's File Reference: TAMp,RAC 11:00 P.M. Amount of Insurance: $ 6 3 5, 0 0 0. 0 0 1. Name of Insured: City of Tamarac, a political subdivision of the State of Florida 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book 2 9 9 6 3 , Page 6 3 2 , of the Public Records of Broward County, Florida. 3. The land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof W. Craig Eakin Attorney At Law ISSUING AGENT - ATTORNEY OR FIRM OF ATTORNEYSkGENr NO. 2900 E Oakland Park Blvd Ft. Lauder____ MAILING ADDRESS Q'rY FUND Form OPM - SCH. A (Rev. 1/98) [4861 (p;,prysoe i2/n _ZIP SCHEDULE B Policy or Guarantee No.: O PM-16 5 8 7 2 7 This policy or guarantee does not insure against loss or damage by reason of the following exceptions- 1 . Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments which are not shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 7. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2, as recorded in Plat Book 1, Page 1p2, of the Public Records of Palm Beach County, Florida. 8. Ordinance No.86W-75 by Broward County filed 12/30/86, recorded in O.R. Book 14030, Page 499, of the Public Records of Broward County, Florida. 9. Right —of —Way Deed from Florida National Properties, Inc. to North Springs Improvement District, recorded 4/17/86, in O.R. Book 13332, Page 809, of the Public Records of Broward County, Florida. NOTE: Tax Folio Number: 9107-01-0170. The property under this folio number is tax—exempt. FUND Form OPM-SCH. B (Rev. 5/94) (oa/w rWpwrsoa 01-NT-1.FC. 064) EXHIBIT "A" (Parcel A) A Portion of that parcel of land recorded in OR Book 12202, Page 947, Public Records of Broward County, Florida, being more particularly described as follows: A parcel of land lying in Tracts 14, 15 and 16 in Section 7, Township 49 South, Range 41 East in the FLORIDA FRUITLANDS COMPANY'S SUBDIVISION NO. 2, as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Northwest corner of Section 7 said point having a Florida State Plane Coordinate of N691838.31 and E730240.57 (East Zone); thence on a grid bearing of North 89°33'15" East along the North line of said Section 7, a distance of 15.00 feet to a line 15.00 East of and parallel with the West line of Section 7; thence South 00°05'06" East along said parallel line a distance of 15.00 feet to a line 15.00 feet South of and parallel with the said North line of Section 7; thence North 89°33'15" East along said parallel line a distance of 1048.99 feet, said point being the POINT OF BEGINNING; thence South 00°24'54" East a distance of 979.25 feet; thence South 89°28'12" West a distance of 350.00 feet; thence South 00°24'54" East a distance of 994.76 feet to the South line of said Tract 14; thence South 89°23'12" West a distance of 172.92 feet; thence North 05°33'43" West a distance of 249.79 feet to a point of curvature of a non - tangent curve concave to the East; thence Northerly along the arc of said curve to the right, having a central angle of 04' 11'56" and a radius of 11,309.16 feet for an arc distance of 828.79 feet to a Point of Tangency; thence North 00013'25" West along a line tangent to the last described curve a distance of 898.07 feet; thence North 89*33'15" East a distance of 569.91 feet to the POINT OF BEGINNING. LESS; (Parcel B) That portion of Tracts 14 and 15 of FLORIDA FRUITLANDS COMPANY'S SUBDIVISION NO. 2, of Section 7, Township 49 South, Range 41, East, as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach County, Florida, that lies East of the Sawgrass Expressway right-of-way and lies West of the "GOULD SOUTH" Plat, Said Parcel of land lying and being in the City of Tamarac, Broward County, Florida. cptnRetent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires The Fund to prosecute or provide for the defense of any action or proceeding, the insured shall secure to The Fund the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of the insured for this purpose. Whenever requested by The Fund, the insured, at The Fund's expense, shall give The Fund all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of The Fund may be necessary or desirable to establish the title to the estate or interest as insured. If The Fund is prejudiced by the failure of the insured to furnish the required cooperation, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided The Fund, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to The Fund within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured againstby this policywhich constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If The Fund is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of The Fund and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any autho- rized representative of The Fund, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of policy, which reasonably pertain to the loss or damage. Further, if requested byanyauthorized representative of The Fund, the insured claimant shall grant its permission, in writing, for any autho- rized representative of The Fund to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to The Fund pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of The Fund, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this paragraph shall terminate any liability of The Fund under this policy as to that claim. 6. Options To Pay or Otherwise Settle Claims; Termination of Liability In case of a claim tinder this policy, The Fund shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by The Fund, up to the time of payment or tender of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of this option, all liability and obliga- tions to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to The Fund for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred time of payment and which The Fund is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by The Fund up to the time of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of either of the options provided for in paragraphs (b) (i) or (ii), The Fund's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obliga- tion to defend, prosecute or continue any litigation. 7. Determination, Extent of Liability and Coinsurance This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimantwho has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of The Fund under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (6)(ThisparagraphdealingwithCoinsurance wasremovedfromFlorida policies.) (c) The Fund will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipu- lations S. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if -the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by The Fund and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability (a) If The Fund establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by The Fund or with The Fund's consent, The Fund shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, ad- verse to the title as insured. (c) The Fund shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of The Fund. 10. Reduction of Insurance; Reduction or Termination of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount The Fund may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, orwhich is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or de- stroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of The Fund. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, w � y ',(I il_t+ III( ti .,It, I I ( tinln,,,'•tlt"'i t Into I'.,+nn•nl ter tir'lll+•nu•ui I In t'tnnl ti I:it',Itl i.l ti„irrn!i:flirtn. i, ,, I lii I �,tul •.l i.tll I,,,,r v•Illly! :. ucl !r,ticl .I c 1,utII Il11<1c•I' (Ills ,I]I: Hit '1"IEl)clu1.,il ctccIby:un ..I Ile �, i,iurll t Illi lll�liit. NlIhI(tgoicd to nut 1w c•ulitled to all rights and I, hc wl i!i,d claimant lcould have had against anv nt,;tc I'l ill n•srcct to the claim had this policy not been d i)+ Th(, Flaic(, the insured claimant shall transfer to ;,,,t,: All I,,ius swd reme.dics against any person or property Ill (Wdc•r IO perfect this right of subrogation. The insured ,II, II pc i mit The Fund to sue, compromise or settle in the h: !I,,;:rc•d daiinant and to use the name of the insured ,,,,,,,,,I m ;im minsaction or litigation involving these rights or, „ nn ;lire. oi: ;Iccou=lt ofa claim does not fully cover the loss of the ;I,,•c! c i:i,.ila:t , T]le Fund shall be subrogated to these rights and '0 the proportion which The Fund's payment bears to the ,!u)ic :unnllnt of -he loss. SaVl11Cj resuli from an-,, act of the insured claimant, as stated that act shall not Void this policy. butThe Fund. in that cent. 1)e r-mill e i to pay onh, that part of any losses insured against by :his uolicv which shall exceed the amount, if any, lost to The Fund by reason of the impairment by the insured claimant of The Fund's right rC subrogation. 11b) The Fund's Rights Against Non-insured Obligors. f''iie Fund's righr of subrogation ai,ainst non-insured obligors shall exist and shall include. without. liiniialion, the rights of tic• insured to iademliities, guarautics. ntlicr pnliricticrfinsiir;inre cu'ionds• nntwili- srandingany terms orcondirionscontained in those instruments which provide for subrogation rights by reason of this policy. 14 Arbitration Unless prohibited &t applicable law, arbitration pursuant to the Title,insur- ance Arbitration Rules of the American Arbitration Association may be Jriu(Iri,1, it r) crgI'r('d to 111 burly 17,e I'nIle l (I) III th,• ifl]ol e11, .11 bi/r obh imille I lnayiiuludc, bill are not Crruited/o,(tit vc'oll/Ie rrsp,n Ilaticllrclairrrr 111r/u;ni rN!((dl('Nrsrn'('((arisingoutojol"iPl(1/lli�lorlli.)(u;1i(I and .eerr,ireo(l11 il,cctc in connection with its issuance or the breach of a polity provision or other obligation:. Arbitration pursuant to thvspolicy and under the kule.c Ill"fled on the date the demand for arbitration is made or, at the option oj'tlri• insured, the Rules in effect at Date of Policy shall be binding aeon the parties. 771e award may include attorneys' fees only if the iaws of the state in which the land is located permit a court to award attorneys' fees to a prevailing part)l. judgment upon the award rendered by theArbitrator(s) may be entered in any court hawing jurisdiction thereof The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules inay be obtained from The Fund upon request. 15. Liability Limited to this Policy; Policy Entire Contract (a) This policy together with all endorsee;etlts, if any, attaches hereto by The Fund is the entire policy and contract between the insured an(t The Fulid. In intc•: pr(;ting ally provisiole of this policy, this policy shall be construed as whole. (h) Any claim of loss or a.riage, whit rher oi- not based on negii- gellce, and which arises ot:t file state., of tie-' title to the or interest cmered hereby or h; ail) actio:_ asertin s.lci; claim, shall be restricted to this policy. (c) No amendment of or enciorsemert to this policy can be n:a:te extent by a writing endorsee hereon or attached hereto signed by either the President, a Vice F_•esident, or Agent of The Fund. 16. Severability iu t ile event. anv pro+.risiou c)f rile policy is he 1 iavafi,: or urienfor' eabie ,;deter appfical)I(- law, the poiicy shall be deemed not to include tham provisicnl :uul all other provisions shall reivaiu ill full force and effect.. 17. Notices, Where Sent All notices rcquircd to be given The Fund and any statement in writing, required to be furnished The Fund shall include the number of Lhi, policy anti shall be addressed to The Fund at its principal office at Post Office Box 628600, Orlando, Florida 32862-8600. 2u -n C) to IA O y C) N�}� 7 toO0 n�° o - 'z O r • N O 0)O i� n ,. W rG ° o t/ - co 0 ._ W o O C r> m ((D (D � � in Y v EXHIBIT "D" List of CONTRACTOR's SDBE Participating Vendors (List to be provided to DEESBO by CONTRACTOR and subject to DEESBO review and approval prior to commencement of work) GABOND GRANTS\Challenge GRANT\Contracts\Tamarac - McNab Park.wpd Page 23 of 23 EXHIBIT "D" List of CONTRACTOR'S SDBE Participating Vendors GABOND GRANTS\Challenge GRAN RContractsWamarac - McNab Park.wpd Page 23 of 23 Temp. Reso. #9611.-- Exhibit B Temp. Reso #9285 February 15, 2001 Pagel CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE °N APPROPRIATE CITY OFFICIALS TO EXECUTE AN APPLICATION TO THE BROWARD COUNTY SAFE PARKS AND LAND PRESERVATION CHALLENGE GRANT PROGRAM IN THE AMOUNT OF $500,000 IN ORDER TO PROVIDE THE RESIDENTS AND VISITORS ENHANCED PARKS AND RECREATION PROGRAMS AT MCNAB PARK; INCREASING THE APPROPRIATION FOR IMPROVEMENTS TO THE MCNAB PARK PARCEL TO $807,300; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors a higher level of service by enhancing and improving its outdoor recreation facilities and environment; and 0 WHEREAS, the Broward County Safe Parks and Land Preservation Challenge Grant Program provides grants to local governments to develop public outdoor recreation programs; and WHEREAS, the City of Tamarac is submitting an application to the Broward County Parks and Land Preservation Challenge Grant Program, attached hereto as Exhibit A; and WHEREAS, the City Commission of the City of Tamarac has an on -going program of public participation through the activities of the Tamarac Parks and Recreation Board; and WHEREAS, the Tamarac Parks and Recreation Board recommends the improvements that will be accomplished if the grant were awarded to the City of Tamarac; and WHEREAS, it is a requirement of the grant program that a public hearing regarding 0 the proposed development of McNab Park be held; and Temp. Reso #9285 February 15, 2001 Page 3 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. Section 6: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this 28th day of February, 2001 AT�W f �' , �,. ��� .r psi •.� � M ON. SON, CMC CIN2ERK Ns I HEQ ''CERTIFY that I have appr6 this Resolution as to rr J A MITCHELC S CITY ATTC RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF Q DIST 4: VIM ROBERTS BROWARD COUNTY SAFE PARKS & LAND PRESERVATION PROGRAM CHALLENGE MNT APPLICATION (PLEASE TYPE) For Office Use Project # Date Received APPLICANT 1NFORMATIQN Applicant: City of Tamarac Project Title: McNab Park Project Liaison Agent: Diane Phillips Title: S ecial Pro ects Coordinator Address: Ci of Tamarac 7525 NW 88 Avenue Tamarac, Florida Zip Code: 33321 Telephone: (954) 724-1230 Fax: (954) 724-2549 E-Mail dianep@tamarac.org I hereby certify that the information provided in this application is true and accurate. Signature: Date Typed Name: Jeffrey L. Miller Title: Ci Mana er County Commission District Where Project is Located: District 3 1 2/28/01 PROJECT INFORMATION v Amount of Grant Request ------------------------------------- 500,000.00 Other Funds ------------------------------------------------- $ 307,300.00 Total Project Cost ---------------------------------- S 807,300,00 Source of other funds, (local, grant(s), identify grant(s): Land and Water Conservation Fund, Urban and Commuity Forestry, local funds (the City has been awarded $258,000 in FCT funds, however, these are not reflected above) Funds are Utilized as Match for (Check One if Applicable): FRDAP X FIND LWCF FCT OTHERUrban Fores Grant Site Control (Check One): Acquiring Leased Owned If Leased, From Who, and Date of Expiration of Lease: PROJECT DESCRIPTION Brief Project Description: McNab Park is located in the northwest quadrant of Tamarac Commerce Park, the larg,, t area of undeveloped property left in Tamarac. The project site is an 8.5-acre parcel located on McNab Road, a two lane public road, offering direct access for residential communities to the east and north. Hiatus Road to the east allows easy access from the Sawgrass Expressway. The project site is located in the most rapidly growing section of Tamarac. Residential development is a mixture of senior citizens and families with children. The Sawgrass Expressway/SFWMD Conservation Area 2a on the west, an undeveloped parcel on the cast, and residential development on the north border the park. A nine -acre wetland mitigation project on the south separates the parcel from the Tamarac Commerce Park. The canal on the south cod of the site is in the permit stages, and will flow into the SFWMD C-13 canal to the west, providing park visitors with an opportunity for fresh water fishing. The canal is being constructed by the owner of the adjacent parcel as part of an economic development project. The project area is best described as a remnant of the East Everglades Sawgrass Prairie. The parcel was previously zoned agricultural and past practices have contributed to invasion by exotics, disturbing the wildlife habitat. The exotics will be cleared during development of the project site. The site contains a small community of native plantspecics. The proposed project will restore and protect this community. One acre on the south end will be restored as wetland in an effort to attract wildlife, most notably wading birds back to the project site. Additional passive recreational elements are further detailed in the proposal. Type, and Estimated Cost of Proposed Development by Facility or Amenity: Facility Quantity Estimated (Number and/or Footage) Cost Site clearin reparation/fill 8.5 acres clear and grub plus fill to level 45,000.00 Site Design (see conce teal Ian) 62,000.00 Universally accessible playground 1 - approximately 5300 square feet 175,000.00 Sunshade/ playground 1 -approximately 5300 square feet 40,000_00 Parking area 1 - to accomodate a prox 45 -50 cars 50,000.00 Amphitheatre 1 - approximately 1300 square feet 150,000.00 Picnic Shelters w/ elec. access (2) 4 ® S20,000 ea. est. 575 square feet 80,000.00 Restrooms w/ pavillion 1 - approximately 1300 snare feet 130,000.00 Trail w/ exercise stations est 1800 foot long trail X 6-8 ft. wide 49,000.00 Education kiosk 1 free standing display 1,000.00 landscaping around pavilion and picnic shelters (see conceptual) 25,300.00 Total $ 807,300.00 Project Location: Westernmost end of McNab Road, south side. Site is bordered on the west by the Sawgrass. Driving Instruction From 1-95 to Project Site (Include location map): From 195 exit west on Cypress Creek Road proceed west until road dead ends. Park -is on the south side of McNab. From the Sawgrass, exit on Commercial Boulevard to Nob Hill, Take Nab Hill north to McNab Road and turn left, heading west until road ends. Total Acreage of Project Site: 3 8.5 Describe Existing Environmental Conditions and List Existing Park Facilities at Project Location: The parcel, which is presently undeveloped, is a remnant of the East Everglades Sawgrass Prairie. It is adjoined on the south by a nine acre wetland parcel. An agricultural ditch containing leather fern, shield fern and royal fern exists along the eastern boundary. Past practices have contributed to de dation of the plant and animal habitat. At present, more than 75% of the site is occupied by exotics. The elevation is unlevel and the site contains a large amount of construction debris. Plans rovide for removal of the debris and exotics, replacement with native plants and refurbishing of approximately one acre on the south end of the site as wetland. These activities will be desi ned to protect and restore the native plants remaining on site. It is hoped that this restoration, in combination with the 9 acre parcel to the immediate south will provide a habitat that will reattract listed species, most notably wading birds. PROJECT SCORING QUESTIONS (Please Type) 1. Describe how the proposed project will contribute to new or improved programming and services in the area it will serve. Also, does the project provide for new or increased use of recreational facilities by minorities, the disadvantaged, children, elderly, persons with disabilities and /or other under served groups? The more amenities or project elements that are proposed, the higher the score. 1-25 points The proposed project will provide a passive park, an amenity missing in the west end of the City of Tamarac. The project site is bordered on the north by residential development which is literally across the street. The park will contain a trail with exercise stations, and four picnic shelters. A universally accessible playground with sunshadewill provide a recreational opportunity where abled and disabled children and their siblings/families can interact and socialize. A nature kiosk will provide information on the natural elements of the site and the surrounding area. A wetland demonstration area will exist on site, and environmental education programs will be offered on a quarterly basis. None of these amenities presently exist in the City of Tamarac. A restroom with pavillion will complete the project. 4 2. Is a municipal applicant deficient in park land, and can demonstrate the deficiency? 1-10 points Policy 15.1 of the Tamarac Comprehensive Plan Future Land Use Element states that the City adopted standard for the provision of public park land is 2.3 acres of park and open space per 1,000 population in 1999. Based upon the City's eurrent estimated population of 55,684, the City's adopted parks and o en space level of service standard (2.3 acres per 1,000 population) requires 128 acres of public park and open space. The City's current public park inventory of 55.81 acres falls short of the City standard by approximately 72 acres. 3. Applicants that intend to use the funds to leverage additional funds through other grant programs must identify how funds are to be leveraged. Does the applicant of the project propose a partnership with another agency? Show letters or agreements of partnership, if possible. Applicants should demonstrate what previous projects requiring grant funds have the applicant been successful in applying for, and the outcome of the project. 1-30 points The City's recently submitted application for FCT funding for reimbursement of costs associated with P e acquisition of the arcel has been conceptually approved. The management plan outlined in the application provides for removal of the exotics and debris, preservation/restoration of the natural resources on site, environmental education, and protection of the wetland area to the south. Funding requested through this grant rocess will allow the City to fulfill the objectives of the FCT partnership. The City has recently been awarded an Urban Forestry Grant in the amount of $ 10,000 to provide for native trees on the site. Funds awarded through this grant process will provide for additional landscaping and land clearing. The Ci has also been awarded a LWCF grant for construction of a trail with exercise stations and two 2icnic pavilions. Funding requested throu h this grant process will provide for the construction of the two additional picnic shelters as depicted on the conceptual plan thus completing the picnic area. The City recently submitted a request for FRDAP funding and is awaiting the State's determination. 4. Points should be given to applicants that provide public input and public hearings about the proposed project. Provide documentation of public input and hearings as well as letters of support and opposition. 5 points for public input, 10 points for public input and public hearings. Public input has been recieved relative to the rpj_!5 and public hearings have been provided. The pro ect has been included on the agenda of the Parks and Recreation Board (see copy of minutes enclosed) the propoosed improvements have been the subject of a Public Hearing held solely for the purpose of discussing the proposed project (see ad enclosed) and the proposal has additionalIX been in included on the City Commission agenda (see le islation enclosed). The ro osed project has been well received b the community and no objections have been raised. Is the public usage of the proposed project clearly quantified? 1-30 points The park will be open to the general public 7 days per week from dawn until dusk. No admission fee is contemplated. The park is adjacent to residential development to the immediate north placing it within walking and bicycling distance of this neighborhood. A parking area will provide access to those traveling by car. The City recently hosted a parks, recreation and open space visioning workshop, which was attended 'jy 50 representatives from various civic and neighborhood organizations. The development of neighborhood parks ranked as one of the top 3 priorities. We envision that the park will have a very high usage. M b. Is the applicant sufficiently capable and qualified to complete the proposed project and operate the facility, have an established organization and programming history, employ a professional staff for the construction/acquisition, or programming and services and have the ability to operate and maintain the proposed facilities or property? 1-30 points The City of Tamarac Parks Division of the Parks and Recreation Department is responsible for grounds and facilities maintenance in the City's parks and recreational complexes. The need for additional maintenance resources due to park ex ansion was addressd in the FY01 budget. The Recreation Division will rovide recreational management of the park. The Recreation Division continues to see substantial staffing expansion as programs and facilities multiply. Outside instructors are utilized when a particular expertise -does not exist in-house. Volunteers are an essential component of our service delivery. The development of McNab Park will offer opportuities for volunteers to be involved in the eradication of exotics, planning for and planting of native vegetation, provision of education programs and special events. Operating expenses, including maintenance and program costs, are included in the City General Fund Budget, Capital Improvements are handled through the Capital Improvement Project Budget. User fees are implemented when appropriate. The Tamarac Parks and Recreation Department is extremely proactive in developing strategies to provide quality, cost effective services. 7. Non -Profits must be in existence for a minimum of 10 years- Non-profit applicants will receive five points if they are in existence between 10 and 20 years. Non-profit applicants will receive 10 points if they are in existence for more than 20 years. Non-profit applicants must include documentation showing when founded, by-laws, and financial records for the past three years. N/A 7 8. Will the proposed project be an element in neighborhood redevelopment? 15 points N/A 1. 9. Does the proposed facility provide access or use of adjacent public waters and will the project tie into or expand an existing greenway or waterway? 20 points A greenway exists in the form of a nine acre wetland area to the immediate south of the project site. The proposed project will expand this greenway by the addition of 8.5 acres of passive recreation space. The sawgrass expressway, which borders the project on the west, separates the project site from water conservation area 2a. A canal is under construction on the southern border of the project, and will tie into the Tamarac canal system, which ultimatley flows into the C-14 canal. The public will have access to the canal for recreational purposes, most notably fishing. 10. Does the project have a demonstrated historic/archaeological or a cultural resource element? 5 points. There are no known historic archaeological or cultural resources on the project site. 11. Will the public have easy access to the proposed facility? 1-5 points The project is located on McNab, a County arterial road providing easy access to those traveling by automobile. Residential development is built out on the north side of McNab Road and these citizens are within immediate walking, bicycling distance of the site. The park will also be included on the Tamarac Transit route. 12. Does the project provide a clear public recreational benefit for the funds expended? 1-40 points The site will be open to thegeneral public. Funding of the project will 2rovide for development of a passive park in the western area of the Tamarac. This is the most rapidly growing section of of the City. There are no passive parks fri this section of Tamarac. The amenities proposed in the application (picnic shelters, universal playground, outdoor amphitheatre) are currently unavailable elsewhere in the City . The funds provided through 10 this application process will allow the City to leverage the dollars allocated to the project thus far in order to complete the amenities depicted in the conceptual plan. 13. Demonstrate how the proposed project will accommodate nationally recognized recreational design standards for similar facilities, use construction materials of long lasting quality, and reflect energy efficiency in design and operation. 1-20 points This project will incorporate recognized national recreational desi n standards. Tamarac will utilize a bid process for design and construction of the park. Potential contractors will be required to cite examples of previously com feted projects. Consulting, architectural, and engineering firms are aware of these standards and will use them in their design. Construction materials to be used, where possible, will be recycled plastic building materials, concrete, asphalt, aluminum, concrete block and metal. Every effort will be made to use only the highest quality of building materials. Landscaping will be indigenous to South Florida and drought tolerant. Energy efficient designs will be developed and used in the construction of the project. lit] W 14. Is the project a new facility within an existing recreational amenity or a rehabilitation of an existing facility? If an existing facility, what is the age of the facility to be renovated? Older facilities will have a higher score. 1 point for every 5 years of age of the facility to be renovated. Maximum of 5 points The proposed project provides for new facilities on a currently undeveloped parcel of land. The City acquired the site in October 1999 following its being declared surplus property by the turnpike authority. The parcel contains a quantity of construction materials and debris which will be removed. I 15. Will the proposed project enhance any environmentally sensitive areas? 10 Points Yes. The site is a remnant of the East Everglades Sawgrass Prairie. Past practices have led to degradation of the area. A nine acre wetland resortation project is under way to the immediate south of the site. The proposed project will clear the site of exotics, replant native species_ in an effort to revegetate the area and attract wildlife which was displaced as the result of past practices. One acre of the site will be restored as wetland. There is an approximate 400 foot long agricultural ditch on site containing leather, shield and royal fern. Great care will be taken to remove the exotics with as little disturbance as possible to these communities. H%WPIWPDOCS80NG CHALLENGE GKANrAPPLICATION 1120/DO INDEX ARTICLE PAGE 1 DEFINITIONS AND IDENTIFICATIONS 2 2 SCOPE OF SERVICES 3 3 TERM AND TIME OF PERFORMANCE 3 4 COMPENSATION 4 5 LIABILITY 6 6 INSURANCE 6 7 TERMINATION 6 8 FINANCIAL STATEMENTS 7 9 MISCELLANEOUS 9 EXECUTION PAGES 16 17 EXHIBIT A PROJECT GUIDELINES 18 EXHIBIT B PROJECT DESCRIPTION 21 EXHIBIT C EVIDENCE OF TITLE OR LEASEHOLD INTEREST 22 EXHIBIT D SDBE PARTICIPATING VENDORS LISTING 23 GIBOND GRANTS%Challenge GRAN71CanUadslTamaw - McNab Park.wpd AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for BROWARD COUNTY CHALLENGE GRANT PROGRAM FY 2001 This Agreement, made and entered into by and between BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," and City of Tamarac, a municipal corporation of the state of Florida, hereinafter referred to as "CONTRACTOR." WHEREAS, pursuant to the passage by the Broward County electorate of the 2000 Broward County Safe Parks and Land Preservation Bond Issue, Twenty Million Dollars ($20,000,000) has been allocated for the Challenge Grant Program to benefit municipal parks and recreation systems within the geographic boundaries of Broward County and eligible nonprofit organizations that operate recreation facilities within the geographic boundaries of Broward County; and WHEREAS, the Broward County Parks and Recreation Advisory Board recommended funding to assist CONTRACTOR with approved expenses pursuant to the Board of County Commissioners' action on December 12, 2000 (Item #64), and the 2000 Broward County Safe Parks and Land Preservation Bond Program and its implementing regulations; and WHEREAS, the Board of County Commissioners has determined that these expenditures serve a COUNTY and public purpose and are authorized by the 2000 Broward County Safe Parks and Land Preservation Bond Program; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows: GAZON0 GRANTS\Challenge GRANT1ContractsUamarac - McNab Park.wpd ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement - Agreement shall mean this document and other terms and conditions which are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 Contract Administrator - The Director of the Broward County Parks & Recreation Division, or the designee of such Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CONTRACTOR and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement asset forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services of this Agreement. 1.4 Coun Attorney - The chief legal counsel for COUNTY, who directs and supervises the Office of County Attorney pursuant to Section 4.03 of the Broward County Charter. 1.5 Grant Program - The allocation of Twenty Million Dollars ($20,000,000.00) under the 2000 Broward County Safe Parks and Land Preservation Bond Program to be utilized for Challenge Grant awards to eligible municipalities and eligible nonprofit organizations within the geographic boundaries of Broward County, Florida, under the Grant Program guidelines (Exhibit "A" attached hereto). 1.6 Match - For the purposes of this Agreement, "Match" is defined as the monetary contribution that CONTRACTOR is guaranteeing to spend on the Project. In the event CONTRACTOR anticipates its Match funding from an outside source, e.g. grant program, CONTRACTOR is responsible for Match funding even if the outside funding source contribution is not received by CONTRACTOR. 1.7 Pr� oiect - The Project consists of the services described in Article 2. WOOND GRANTS\ChallmW GRANMonbWS\Tamarac - McNab Park.wpd Page 2 of 23 ARTICLE 2 SCOPE OF SERVICES 2.1 CONTRACTOR shall perform all services identified in this Agreement, the Grant Program Guidelines attached hereto as Exhibit 'A" the Grant Project Description, Grant Project Timetable /Schedule, and Grant Project Cost/Budget attached hereto as Exhibit "B," and evidence of Project site ownership or lease attached hereto as Exhibit "C." The parties agree that the Scope of Services is a description of CONTRACTOR's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipments, and tasks, which are such an inseparable part of the work described, that exclusion would render performance by CONTRACTOR impractical, illogical, or unconscionable. 2.2 The Contract Administrator may approve changes to the Scope of Services, Project description, unit of services, and changes within the categories of expenditures listed in Exhibit "A," provided that the total grant dollars awarded to CONTRACTOR remains unchanged, the revisions are consistent with the grant application and the Grant Program guidelines, and the revisions do not diminish the quantity or quality of services to be provided. 2.3 CONTRACTOR agrees that the Project, when completed, shall be dedicated for public recreational uses. The dedication shall extend for a minimum of Twenty-five (25) years and shall be recorded in the Official Records for Broward County, Florida, pursuant to Section 28.222, Florida Statutes. CONTRACTOR further agrees to return to COUNTY all funds tendered for the Project in the event the Project becomes utilized during this period for other than the purposes of the Project. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall end three (3) years after this Agreement is fully executed. CONTRACTOR may request up to two (2) extensions of up to one (1) year each for its performance completion of the Project, subject to approval by COUNTY's County Administrator. Any extension request shall be in writing and delivered to the Contract Administrator at least sixty (60) days prior to the end of the term_ 3.2 CONTRACTOR agrees that it will comply with the construction time table included in Exhibit "B," attached hereto, excepting bona fide force majeure delays. G:\BONO GRANTS\Challenge GRANT\Cantracts\Tamarac-McNab Park.wpd Page 3 of 23 ARTICLE 4 COMPENSATION 4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3, the total amount not to exceed Five Hundred Thousand Dollars ($500,000.00) for CONTRACTOR's Project pursuant to this Agreement. It is acknowledged and agreed by CONTRACTOR that this amount is the maximum payable and constitutes a limitation upon COUNTY's obligation to compensate CONTRACTOR for services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon CONTRACTOR's obligation to perform all items of work required by or which can be reasonably inferred for the Project from the Scope of Services. CONTRACTOR either [check one] _)L agrees to provide matching funds in the amount of $125,000.00 as specified in Exhibit "A," and pursuant to the Grant Program criteria, or _ will not be providing matehing funds purstiant to the Grant Program criteria. 4.2 The Contract Administrator is responsible for ensuring performance of the terms and conditions of this Agreement and shall approve all requests from CONTRACTOR for payment prior to payment being made. CONTRACTOR shall furnish to the Contract Administrator a copy of the Project's construction contract(s) within fifteen (15) days of full execution of same. 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 CONTRACTOR may submit an invoice(s) for payment on this Project after the Project has been completed in each of four (4) segments as follows: Twenty-five Percent (25%) of the total COUNTY payment set forth in Section 4.1 above after completion of Twenty-five Percent (25%), Fifty Percent (50%), Seventy-five Percent (75%) and One Hundred Percent (100%) of the Project's development, minus the retainage amount described in Section 4.4 below. The amounts withheld, including retainage, shall not be subject to payment of interest by COUNTY. The final invoice must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the expenses incurred. CONTRACTOR agrees that it shall allocate no more than Twelve Percent (12%) of the total COUNTY payment to the Project's architectural/engineering costs. GABONO GRANTS1Challenge GRAWRCantractffamarac - McNab Park.wpd Page 4 of 23 4.3.2 Documentation as required in Exhibit "A" must accompany any request for payment. Invoices shall be certified by CONTRACTOR's authorized official. 4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of receipt of CONTRACTOR's proper invoice, as required by the "Broward County Prompt Payment Ordinance" (Broward County Ordinance No. 89-49, as may be amended from time to time). To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by COUNTY. Payment may be withheld for failure of CONTRACTOR to comply with a term, condition, or requirement of this Agreement. 4.4 COUNTY shall retain Ten Percent (10%) of the total COUNTY portion of the Project amount until the Project is completed pursuant to this Agreement and the attached Exhibits. The retained amount shalt be paid to CONTRACTOR in the same manner and under the same conditions and requirements as those for the final payment of COUNTY's portion of the Project amount. For example, if the amount of COUNTY's grant to CONTRACTOR for the project is Two Hundred and Fifty Thousand Dollars ($250,000.00), Twenty-five Thousand Dollars ($25,000.00) will be retained until Project completion. Should matching funds as described in Sections 1.6 and 4.1 above be part of the Project, the retained Ten Percent (10%) of COUNTY's portion shall not be paid until CONTRACTOR has obtained the matching funds amount and has applied same to the Project. 4.5 Notwithstanding any provision of this Agreement to the contrary, COUNTY may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator. The amount withheld shall not be subject to payment of interest by COUNTY. 4.6 If it becomes necessary for COUNTY to demand a refund of any or all funds paid to CONTRACTOR pursuant to this Agreement, CONTRACTOR agrees to remit said funds to COUNTY within sixty (60) days after notification by COUNTY of the reason for the demand for repayment. If not returned within sixty (60) days, CONTRACTOR understands and agrees that any further CONTRACTOR requests for funding, as to this or any other program under COUNTY's administration, may be denied until the funds have been returned. 4.7 This Agreement strictly prohibits the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. GABQND GRANTMChall"e GRANrCoMracts\7amaw -McNO Park.wpd Page 5 of 23 4.8 Payment shall be made to CONTRACTOR at: Jeffrey L. Miller, City Manager City of Tamarac 7525 NW 88"' Avenue Tamarac, Florida 33321 ARTICLE 5 I>AI_1'll�l'1 CONTRACTOR is a state agency or subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents, contractors, or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the state of Florida to be sued by third parties, in any matter, arising out of this Agreement or any other contract. ARTICLE 6 INSURANCE CONTRACTOR is a state agency as defined by Section 768.28, Florida Statutes, and CONTRACTOR shall furnish the Contract Administrator with written verification of liability protection, in accordance with state law prior to final execution of this Agreement. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by action of the Board or by CONTRACTOR upon thirty (30) days written notice by the party that elected to terminate, or for convenience by action of the Board upon, not less than, ten (10) days written notice by the Contract Administrator. This Agreement may also be terminated by the Contract Administrator upon such notice as the Contract Administrator deems appropriate under the circumstances, in the event the Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. 7.2 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement, except that notice of termination by the Contract Administrator which the Contract Administrator deems necessary to protect the public health, GMONDGRANTS\ChellengaGRA"ConhacwTamew-McNabPark-wpd Page 6 of 23 safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall be paid for any services performed to the date this Agreement is terminated; however, upon being notified of COUNTY's election to terminate, CONTRACTOR shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by COUNTY, the adequacy of which is hereby acknowledged by CONTRACTOR, is given as specific consideration for COUNTY's right to terminate this Agreement for convenience. 7.4 COUNTY shall have the right to terminate this Agreement and demand refund of grant funds provided to CONTRACTOR for noncompliance with the terms and conditions of the Grant Program guidelines. Failure to comply with these terms and conditions shall result in COUNTY declaring CONTRACTOR ineligible for further participation in the Grant Program until such time as CONTRACTOR complies therewith. 7.5 In the event this Agreement is terminated, any compensation payable by COUNTY shall be withheld until all documents are provided to COUNTY pursuant to Section 9.1 of Article 9. ARTICLE 8 FINANCIAL STATEMENTS 8.1 Within one hundred twenty (120) days after the expiration of this Agreement, CONTRACTOR shall provide to COUNTY two (2) copies of a schedule of revenues and expenditures and special report on specific accounts to account for services and/or projects during CONTRACTOR's fiscal years forwhich funds were provided. The report shall be prepared by an independent certified public accountant or CONTRACTOR's internal auditor in a form acceptable to COUNTY's Commission Auditor. The schedule of revenues and expenditures shall include: a. All revenues relating to the services and/or Project classified by the source of the revenues. b. All expenditures relating to the services and/or Project classified by the type of expenditures, to include the criteria set forth in Exhibits "A" and "B" of this Agreement. GABPNU GRANTS\Challenge GRANMonbWs\Temarac - McNab Parkmpd Page 7 of 23 8.2 If the special report is prepared by an independent certified public accountant, it shall be in accordance with Section 623 of the Codification of Statements on Auditing Standards as promulgated by the American Institute of Certified Public Accountants. If the special report is prepared by CONTRACTOR's internal auditor, it shall be as nearly in accordance with those sections as the status of the internal auditor permits, realizing that the internal auditor may not issue the opinions required therein. A transmittal letter signed by CONTRACTOR's internal auditor must accompany the special report. The special report shall include: a. The statement, "No funds, including interest earned on such funds, are due back to the County" or, it shall include a listing of funds, including interest earned on such funds, which are due back to COUNTY. b. An opinion (finding, in the case of an internal auditor) as to whether the funds received under the applicable grant agreement with COUNTY have been expended in accordance with this Agreement. 8.3 The special report shall include all requirements of Section 8.2 above for the entire scope of the services or Project covered by this Agreement, even if a part of the services or Project were performed during the previous fiscal year(s) or continue past the end of CONTRACTOR's current fiscal year. 8.4 Any corrections to the special report requested by COUNTY shall be made and submitted to COUNTY, in writing, within sixty (60) days after written request is received. 8.5 Failure of CONTRACTOR to meet these financial reporting requirements shall result in suspension of payment under this Agreement or any subsequent grant agreement in effect and disqualify CONTRACTOR from obtaining future grant awards until such financial statements are received and accepted by COUNTY. 8.6 CONTRACTOR acknowledges submission of financial statements to any other Broward County office, agency, or division does not constitute compliance with requirements to submit that material to the Contract Administrator for this Agreement. 8.7 CONTRACTOR agrees to reimburse COUNTY any and all funds not used in strict compliance with this Agreement. G OONO GRANTMChaUe W GRANTCardmcts%Tamarac - McNab Park.wpd Page 8 of 23 ARTICLE 9 MISCELLANEOUS 9.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of COUNTY, and shall be delivered by CONTRACTOR to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 9.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to inspect the Project, as well as the right to audit the books, records, and accounts of CONTRACTOR that are related to this Project. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Project. CONTRACTOR shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CONTRACTOR's records, CONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. G WONU GRANTS\Challen®e GRANnC0r&ads\TamaM - McNe6 PadLwpd Page 9 of 23 9.3 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing' any services funded in whole or in part by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 161/2), national origin, marital status, physical .or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. CONTRACTOR shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CONTRACTOR shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16Y2), national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CONTRACTOR shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16Y2) in performing the Scope of Services or any part of the Scope of Services of this Agreement. GABOND GRANTSIChallenge GRAWAComractmTamarac - McNab Park.wpd Page 10 of 23 SMALL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 9.3.1 CONTRACTOR, and any construction contract it enters into for the Project, shall comply with COUNTY's Small Disadvantaged Business Enterprise (SDBE) Affirmative Action Program, set forth in Article XIV, Section 20-275, Broward County Code of Ordinances, requiring goals in all procurement activity at One Hundred and Fifty -Thousand Dollars ($150,000) or above for construction services; Seventy -Five Thousand Dollars ($75,000) or above in total contract value for architectural/engineering and related services; and Fifty Thousand Dollars ($50,000) or above in total contract value for all other goods and services. This Project is for $600,000.00 for construction of recreational facility services. 9.3.2 COUNTY and CONTRACTOR agree that prime and subcontract awards to Small Disadvantaged Business Enterprises and Minority - Majority Joint Ventures are crucial to the achievement of the Project's SDBE participation goals. In an effort to assist in achieving the established goals for this Project, CONTRACTOR agrees to take affirmative actions to meet the current SDBE participation goals established below. 9.3.3 This Agreement has the following SDBE numerical goals: Minorily Business Ente rise ■ Construction Services 15% ► A/E-Professional Services 10% ■ Commodities/Other Goods/Services 5% (Participating Categories include African American, Asian/Native American, Hispanic, Women) The total assigned SDBE goals for this Agreement is: 15%. 9.3.4 CONTRACTOR incorporates by Exhibit "D" the names, addresses, scope of work, and dollar value of SDBE participation on the Schedule of SDBE Participation. CONTRACTOR understands that each minority and women - owned firm utilized on the Project to meet Project goals must be certified by the Broward County Division of Equal Employment & Small Business Opportunity. 9.3.5 CONTRACTOR understands that it is the responsibility of the Contract Administrator and the Broward County Division of Equal Employment & Small Business Opportunity requirements. In that regard, to monitor compliance with the SDBE CONTRACTOR agrees to furnish quarterly aOONO GRANTSNChallerge GRANTCarMacts\Tamarac - McNab P*&*9d Page 11 of 23 reports to both parties on the progress of SDBE participation commencing with the end of the first quarter of this Agreement. 9.4 INDEPENDENT CONTRACTOR CONTRACTOR is an independent contractor under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of COUNTY. This Agreement shall not constitute or make the parties a partnership or joint venture. 9.5 THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 9.6 NOTICES Whenever either party desires ed gStatesive t'Mail, postageother, p epaidsuch �tret m receipt must be in writing, sent by certified Unit requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same, as set forth herein, until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COUNTY: Director Broward County Parks & Recreation Division 950 Northwest 38th Street Oakland Park, Florida 33309 FOR CONTRACTOR: Jeffrey L. Miller, City Manager City of Tamarac 7525 NW 88t' Avenue Tamarac, Florida 33321 With a copy to the City Attorney at the same address. Page 12 of 23 GZOHC GRANiS,,C^a1%er GpAN-,GenV-aCs%Tamarac - McNab Partkwpd