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Home My WebLink AboutCity of Tamarac Resolution R-80-180Introduced by C14 Temp. #1731 1 2 3 4 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 'i 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. e-y0-19'0 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT AND THE EXECUTION OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF NATURAL RESOURCES, DIVISION OF RECREATION AND PARKS, REGARDING THE DEVELOPMENT OF JOSEPH P. CAPORELLA PARK. BE IT RESOLVED BY THE COUY.CIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City of Tamarac accepts the Florida Recreation Development Assistance Program -grant from the Florida Department of Natural Resources, Division of Recreation and Parks, in the amount of $56,944.00 . SECTION 2: The Mayor and City Manager are hereby authorized to execute a development agreement, attached as "Exhibit A" and that the City Manager serve as representative for the City of Tamarac in the acceptance and administration 1:'Idjay erant. PASSED, ADOPTED AND APPROVED this of A 1980. ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. ' ATTORNEY"JAI N, CiTY MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE NO r A << STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Florida Recreation Development Assistance Program Development Agreement This agreement made and entered into by and between the State of Florida Department of Natural Resources hereinafter called DEPARTMENT and the City of Tamarac hereinafter called City in furtherance of an approved recreational program involving the parties hereto in pursuance of which the parties hereto agree as follows: .1. This agreement shall be performed pursuant to Section 375.021(3), Florida Statutes and Chapter 16D-5.02, Florida Administrative Code and with the program criteria prescribed by the Executive Board of the Department of Natural Resources under date of October 15, 1972. In the event a dispute should arise between the parties concerning the intent of the language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of said actions of the Florida Legislature and the Executive Board of the Department of Natural Resources. No construction shall be contrary to the program criteria or the agreements contained herein. It is the intention of the parties hereto that none of the provisions of Section 163.01, Florida Statutes, shall have application to this agreement. 2. The DEPARTMENT has found that recreation is the primary purpose of the project known as Joseph Caporella Park , (Florida Recreation Development Assistance Program Project Number 11-62-12 ) , and enters into this agreement with the City for construction of recreational facilities on real property, the title to which is in the name of the City the legal description of which is set forth in full in Exhibit "A" attached hereto and made a part hereof. 3. The City will construct, or cause to Page 1 of 5 DNR 42-004 Revised 8/l/79 be constructed, certain recreational facilities upon such real property described in Exhibit "A", which facilities shall be designed and constructed in accordance with the project elements described herein substantially in accordance with conceptual project plans as shown and described in Exhibit "B" attached. The following shall be considered the project elements: Access road and parking, landscaping, fishing pier and related site im- provements. 4. The City agrees to operate and maintain Joseph Caporella Park , once developed pursuant to paragraph 3 and will pay all such expenses as a expense. The City City convenants that it has full legal authority and financial ability to so operate and maintain said park site. 5. The DEPARTMENT agrees to hold in account and trans- fer to the City such Florida Recreation Development Assistance Program monies, not to exceed $ 56,944 and will pay said program's share of the cost of the project. Any portion of these funds may be released in installments, at the discretion of the DEPARTMENT, upon the request of the City Commissioners or the Citv's duly authorized agent, whose name and title shall be submitted to the DEPARTMENT prior to commencement of the project. Such requests shall be limited to three in number and each request shall include all documentation required by the DEPARTMENT. The DEPARTMENT shall be notified forthwith of any change in the person or authority of the Paae 2 of 5 DNR 42-004 Revised 8/1/79 designated agent. 6. The City agrees to contribute the sum of $ 6,944 to be expended for the development of recreational facilities pursuant to paragraph 3, such funds in the form of cash contributions. The City further agrees to submit, at the discretion of the DEPARTMENT any and all accounting records pertaining to said cash contributions. 7. The City agrees to develop subject property in the manner described in this agreement on or before September 17, 1982 Failure by the City to complete development of subject property by the aforementioned date shall be cause for the DEPARTMENT to demand refund of any contribution made from the Florida Recreation Development Assistance Program toward the development of Joseph Caporella Park S. The City , through its dully authorized agent, shall submit to the DEPARTMENT project status reports .� every sixty (60) days from the date of the execution of this agreement until the project development is completed. 9. The City agrees to dedicate the land described in Exhibit "A" and by its acceptance of the provisions of this agreement does hereby dedicate the land described in Exhibit "A" to the public in perpetuity as a recreation area available'to the general public for recreational purposes only. The City further agrees that the execution of this agreement by the Executive Director of the Department of Natural Resources shall constitute an acceptance of the dedication on behalf of the general public of the state. Thereafter, should the City for any reason convert all or any portion of the property described in Exhibit "A" to other than recreational purposes, the City agrees to provide at its sole expense without further contribution from the Florida Recreation Develop- ment Assistance Program a replacement project of comparable quality and size to that which was converted to other purposes, which replacement shall be in close proximity to the project and Page 3 of 5 DNR 42-004 Revised 8/1/79 meet with the approval of the DEPARTMENT. In lieu of such replacement, the City shall return to the DEPARTMENT the entire contribution from the Florida Recreation Development Assistance Program. 10. Should the City elect to implement a user fee s% tem for Joseph Caporella Park or for any recreational facility within the boundaries of the project, the City shall impose such fees uniformly upon all users without regard to age, sex, race, other condition, or the political subdivision in which the user may reside. 11. The DEPARTMENT shall have the rights, through its agents, servants, and employees designated for that purpose, to inspect the site of the project and the facilities thereon. In addition to the project inspections, which shall be conducted at any reasonable time, the DEPARTMENT shall have access to all financial records relating to the project and the right to audit such records at any reasonable time which right shall be continuous until such audit is completed without unreasonable interference with the operation of any of the facilities thereon. 12. The City and the DEPARTMENT mutually agree to the following special terms and conditions incorporated as a part of this agreement: The City shall provide the Department with annual attendance reports after the Joseph Caporella Park is opened for use by the general public. Said attendance reports shall include a period of one year beginning on July 1, and ending on June 30. IN WITNESS WHEREOF, the parties hereto have caused Page 4 of 5 DNR 42-004 Revised 8/l/79 these presents to be executed by the officers or agents thereunto lawfully authorized. STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Approved By: Dr. Elton J. Gissendanner Executive Director Its Agent for,, is Purpose Attest: Attest: Effective, ate: s ;0 APPROVED AS TO FORM AND LEGALITY Accept / �. By: kC3 i I/ Its Agent for th s Purpose Title By: ity Manager / Page 5 of 5 DNR 32-004 Revised 8/1/79