HomeMy WebLinkAboutCity of Tamarac Resolution R-81-058r 1
Introduced by: Temp. #1874`^
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-�
A RESOLUTION AUTHORIZING THE CITY TO SEEK
FINANCIAL ASSISTANCE FROM THE FLORIDA BOATING
IMPROVEMENT PROGRAM THROUGH THE FLORIDA DEPART-
MENT OF NATURAL RESOURCES AND TO AUTHORIZE THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A PROJECT
AGREEMENT FOR SUCH FUNDS.
WHEREAS, the City is desirous of applying for financial
assistance from the Florida Boating Improvement Program through the
Florida Department of Natural Resources.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the City Manager is authorized to submit
a grant application to the Florida Department of Natural Resources
for the.Florida Boating Improvement Program funds, a copy of said
application being attached hereto as Exhibit "A".
SECTION 2: That the appropriate City officials are
authorized to execute a project Agreement with the Florida Department
of Natural Resources for the Florida Boating Improvement Program
funds, a copy of said project Agreement being attached hereto as
Exhibit '!B" .
SECTION 3: That Evan Cross is hereby designated as the
program liaison for said grant application.
SECTION 4: This Resolution shall become effective imme-
diately upon its passage.
J i
PASSED, ADOPTED AND APPROVED this
ATTEST:
6��4:;2
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Resolution.
RECORD Of COUNCIL VOTE
MAYOR:
DISTRICT 1:
DISTRICT 2: ./
DISTRICT 3:
DISTRICT 4:
an
RULES $If 50
OF THE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER 16D-5
PART III
FLORIDA BOATING IMPROVEMENT PROGRAM
16D-5.31 Purpose
16D-5.32 Definitions
16D-5.33 Policy
16D-5.34 Application Requirements
16D-5.35 Project Eligibility
16D-5.36 Project Design Criteria
16D-5.37 Boat Ramp Locational Criteria
16D-5.38 Grant Conditions
16D-5.39 Accountability
16D-5.391 Program Administration Forms
16D-5.31 Purpose. The purpose of this Part is
to create a Florida Boating Improvement Program (FBIP) to
implement provisions of Section 371.161 and subsections
371.171(2) and 371.65(3), Florida Statutes, which provide
for a portion of the -funds received from boat license fees
to be returned to the counties to assist in financing recre-
ational channel marking, public launching facilities, and other
boating -related activities.
Specific Authority 370.021, 371.161. Fs.
Laws Implemented 371.171, 371.65, FS.
History: New , Previously numbered 16D-5.03
16D-5.32 Definitions. The basic terms used in
this Part are defined as follows:
(1) "BOARD" means the Governor and Cabinet sitting as
the Executive Board of the Department of Natural Resources.
AT'=:y::.U" ;weans the Bureau of Recreation Planning
and Local Assistance of the Division of Recreation and Parks.
(3) "DEPARTMENT" means the Department of Natural
Resources.
(4) "EXECUTIVE DIRECTOR" means the Executive Director
of the Department of Natural Resources, or his designated
representative.
(5) "GRANT" means funds approved by the department for
release from the Motorboat Revolving Trust Fund for a -program
.project. `
(6) "LIAISON AGENT" means the officially designated
representative of a board of county commissioners who is
authorized to act on behalf of the county on all matters
related to participation in the program.
(7) "PROGRAM" means the Florida Boating Improvement
Program.
(8) "TRUST FUND" means the Motorboat Revolving Trust
Fund established pursuant to subsection 371.171(1), Florida
Statutes.
Specific Authority 370.021, 371.161, FS.
Laws Implemented 371.171, 371.65, FS.
History: New , Previously numbered 16D-5.03
16D-5.33 Policy. The following constitutes the
policy of the Board pertaining to administration of the
program:
(1) Financial assistance in the form of grants
from the trust fund shall be made available for the use
of county governments for the sole purpose of providing
recreational channel marking, public launching facilities and
other boating -related activities.
(2) Each year the Bureau shall notify the counties
of the amount of funds available to them under the program.
The Department shall ascertain, as a guideline in determining
amounts of funds each county may receive, the number of non-
commercial vessels registered in the county during the preceding
license year _acn.,rH r- to ,.the _icer.se fee schedule provided in
subsection 371.65(1), Florida Statutes.
2
' (3) Counties must submit applications for program funds
to the Bureau and individual projects will be approved by the
Executive Director in accordance with these rules and regulations.
(4) The Department and the appropriate county
shall enter into a project agreement prior to the release of
monies from the trust fund.
(5) Unless otherwise specified in this Part,
a.project may not be commenced until the project agreement is
executed. Funds will be released to the county upon execution
of the project agreement.
(6) Monies in the trust fund allocated for boat-
ing improvement which are not approved as grants in any one
program year shall be carried forward for use in subsequent
years.
(7) In order to allow for commencement of a project
prior to the availability of program funds, a county may apply
for, and the Executive Director may approve such projects, if
otherwise eligible, for later reimbursement in the form of
grants from such program funds as may subsequently be accrued to
the fund as a result of the county's boat registrations. Any
grant so approved for payment from future accruals shall be
subject to continuation of the program as provided by law and
the accumulation of funds resulting from the county's boat
registration activities. Approval by the Executive Director
to commence a project in advance of sufficient fund accrual to
cover project costs does not guarantee, pledge or otherwise make
the Department liable for any future reimbursement to the county
should funds not become available as a result of the county's
boat registrations, or any other reason.
(8) A county may apply for, and the Executive
Director may approve release of, funds accrued as a result of
the county's boat registrations for eligible projects commenced
by the county within 12 months preceding the date of application.
(9) Program grants may be used as the local cash
matching requirement for. t!7^ Flcrida Recreation Develop-
ment Assistance Program, Part II of this Chapter, or the Land
3
and Water Conservation Fund Program, Part I of this Chapter,
provided that the program funds received from the Motorboat
Revolving Trust Fund are applied to eligible boating improvement
purposes as defined in this Part.
(10) The county may, at its discretion, authorize
approved program grants for use by municipal governments within
the county for any projects meeting the requirements'flf this
program. However, for -grant administration and accountability,
the county shall continue to be responsible to the Department
for the proper use and management of program grant funds.
Specific Authority 370.021, 371.161, FS.
Laws Implemented 371.171, 371.65, FS.
History: New , Previously numbered 16D-5.03
16D-5.34 Application Requirements.
(1) Requests for funding shall be submitted to
the Bureau on application forms as specified in Section 16D-5.391
of this Part.
(2) The county commission shall approve each
application by official zesolutig'n. A copy of the resolution
shall be submitted with the application.
(3) The Bureau shall review all applications for
compliance with these rules and with subsection 371.65(3),
Florida Statutes.
(4) Emergency situations may arise which justify
extraordinary measures to expedite the disbursement of program
funds to a county. Justification for an emergency cash draw will
be deemed to exist only if public safety is in jeopardy. Should
a county request emergency processing of an application which
otherwise meets all requirements of these rules, the Bureau will
insure that a need exists on behalf of public safety. Upon
making a determination of emergency need, the Bureau will process
the application on a priority basis and requested funds will be
disbursed to the applicant county, immediately upon the Executive
Director's approval. The project agreement required by Section
16D-5.38 of this Part must be executed by the county within 60
4
dayt of receipt of the funds. All other requirements for program
fund accountability will be in accordance with Section 16D-5.39.
(5) The Executive Director may reject applications
from counties which have not returned to the Department any
unexpended or unaccounted-for trust funds from prior grants.
The Executive Director may also reject applications from counties
which have not met their obligations under the terms -of
previous project agreements.
Specific Authority 370.021, 371.161, FS.
Laws Implemented 371.171, 371.65, FS.
History: New , Previously numbered 16D-5.03
16D-5.35 Project Eligibility.
(1) Monies from the trust fund shall be used for
projects to improve recreational boating for the public. Any
facilities developed with the assistance of this program shall
be for the use and benefit of the general public.
(2) Monies from the trust fund may be used for
land acquisition, new construction, expansion, or renovation
and repair as follows:
(a) Construction, expansion, renovation, repair or
installation on public lands and waters:
1. Launching facilities (ramps, boat lifts, rails,
etc.).
2. Recreational channel navigational marking.
3. Waterway signage for safety, regulation or
information.
4. Docking facilities.
5. Access roads and parking for boating facilities.
6. Dredging of navigational channels.
7. Support facilities and utilities (restrooms,
lighting, landscaping, water, sewer, electrical).
B. Artificial, fishing reefs in State waters (con-
struction, transportation, installation and marking).
(b) Land acquisition projects sb-a, 1 ,�^. 1,,T, ted to'the
acquisition of interests in land for the purpose of providing
5
access to public waters or for development of the facilities
listed in (a) 1., 4., 5., or 7., above. Lands acquired must be
. �.1 ,:ecreational boating improvement for use of the
general public for a period of 25 years or the expected life of
the facilities proposed to be placed on the land, whichever is
greater.
(3) Projects may be undertaken by contract, through
force account procedures, through voluntary services,for combina-
tions of these.
(4) Eligible project costs include only those items
necessary for the design and construction of a specific project.
Project -related pre -construction costs incurred for surveys,
appraisals, engineering and architectural fees, permitting and
utility fees are eligible, provided such costs do not exceed 15%
of the total grant award or project cost. Pre -construction costs
incurred prior to approval of the project are eligible for reim-
bursement.
(5) Eligible project construction expenses for
projects undertaken wholly or in part through force account or
voluntary services are limited td payments to vendors for
purchase of materials, rental of equipment, or lump sum labor
contracts. Force account labor, equipment, or other services
may not be charged to the project grant, except that such costs
incurred on projects commenced prior to the effective date of
this Part may be reimbursed in accordance with program require-
ments in effect during that period.
(6) Planning studies to assess the nature and
extent of recreational boating within a county and to determine
demand and need for recreational boating facilities or other
needed improvements for enhancing recreational boating are
eligible for program grants, provided such planning study project
costs do not exceed 15% of the current unobligated balance of
funds accrued to the fund as a result of the county's boat
registration activity.
(7) Ineligible expenses include took, eq-, r�..•..,
boats, motors, office furniture and supplies, law enforcement
L
and safety equipment, contract labor and materials not used
exclusively for the grant project, in-house labor, equipment
zGrvlces, and operational and administrative costs.
Specific Authority 370.021, 371.161, FS.
Laws Implemented 371.171, 371.65, FS.
History: New , Previously numbered 16D-5.03
F
16D-5.36 Project Design Criteria `
(1) All projects which involve construction or
substantial repair or renovation of boat launching or docking
facilities shall be constructed in accordance with plans and
specifications prepared by or under the supervision and review
of a registered, professional engineer. The engineer shall
certify to the Department, on the Pre -Construction Certification
Form supplied for that purpose, that the plans and specifications
provide for facilities which will be structurally sound and suit-
able for the intended use and site conditions. The Pre -Construc-
tion Certification Form shall be submitted with the project
application. Upon project completion, the engineer shall sign a
statement certifying satisfactory completion of the project in
accordance with approved pre -construction plans and specifica-
tions. This statement shall be submitted along with the Project
Completion Certificate required by this Part.
(2) For purposes of this section, a repair or
renovation project will be considered substantial if the
project involves:
(a) Expenditure for a single project of at
least $2,500 from the Florida Boating
Improvement Program; or
(b) Expansion or replacement of ramp or dock
surface area equal to at least 50% of the
existing surface area.
(3)- In the preparation of plans and specifications
for construction or substantial repair or renovation of boat
ramps, the engineer shall, as a minimum, comply with the
following design standards:
7
(a) The minimum width shall be 10 feet for single
lane ramps or multiple ramps separated by
au�ess docks, and 12 feet per lane for
multiple lane ramps without separation.
(b) The minimum slope of the ramp shall b10$
and the maximum slope shall be 15%.
(c) The minimum water depth at the end of the
ramp at the expected low water condition
shall be 24 inches.
(d) Ramp ends shall have a wheel stop to prevent
the boat trailer from backing off the ramp.
(e) Any alteration to the natural shoreline
required for ramp construction shall be
stabilized by the use of sod, rip -rap,
retaining walls or other suitable means
to prevent erosion.
(f) Concrete for construction of pre -cast ramp
slabs
shall conform
to local code require-
ments
Cand attain a
28-day strength of 3,000
PSI.-
Concrete for
construction of poured -in -
place
ramp sections
above the waterline shall
conform to local code requirements and attain
a 28-day strength of 2,500 PSI.
(g) Ramps shall have an approach area for
maneuvering and backing extending at least
40 feet from the landward end of the ramp.
The approach area shall be designed to allow
a vehicle to approach the ramp at a horizontal
angle no greater than 300 from the center -line
of
the ramp.
(4) If any
of the above
boat ramp standards cannot be
met due to
unique site
conditions or permitting requirements, the
county may
request, in
writing, that
the Department grant a
variance from
the standards.
Such
requests shall be accompanied
by a copy
of the project
plans and
all pertinent details necessary
to explain
and justify
the need for
a variance.
8
Specific Authority 370.021, 371.161, FS.
Laws Implemented 371.171, 371.65, FS.
_.-story. New Dr- ,4 ^ -*1" . •,mbered 16D-5. 03
16D-5.37 Boat Ramp Locational Criteria. On all
applications for program funds to acquire lands for boat ramp
facilities, or to construct, repair or renovate boat -:ramps, the
Liaison Agent must certify in writing that:
(1) The proposed ramp, ramp approaches, and parking
area are, or will be (through acquisition) either wholly owned by
the county or another governmental entity which has, by appro-
priate legal instrument, granted the county exclusive control of
such areas for a minimum period of 25 years from the date of
project application, and that Public road access to the site is
available.
(2) Navigable water access exists at all times from
the water end of the ramp to the navigable portion of the water
body served by the ramp.
(3) The ramp will not be located and/or operated in a
manner to cause unfair competition with any commercial marina
offering paid public access tothe same water body.
(4) The site will not, because of the ramp's location
and its access channel to the water body it serves, pose any
serious hazard to boating to or from the ramp or to boating taking
place on the water body served.
(5) The site is accessible from public roads and
such access does not hazard normal vehicular traffic as a result
of trailering vehicles leaving or entering such public roads.
(6) The prevailing winds, waves and/or tides at the
ramp do not unduly hazard either the ramp or its users.
Failure to insure adherence to these locational criteria
may result in the Department demanding refund of program funds
released for the ramp facility.
Specific Authority 370.021, 371.161, FS.
Laws Implemented 371.171, 371.65, FS.
History: New , Previously numbered 16D-5.03
9
16D-5.38 Grant Conditions. The following conditions
shall apply to all funds distributed through the program:
(1) Facilities funded in whole or in part by
program funds shall be administered and made available to the
general public on a non-exclusive basis without regard to
race, color, religion, age, sex, or ,other condition, or the
political jurisdiction in which the user may reside.`
: (2) With the exception of artificial reefs, channel
dredging, navigation, safety or information markers, all projects
must be marked with at least one prominently displayed permanent
sign recognizing the program. Such signs shall be constructed
in accordance with specifications provided by the Department.
Signs shall be erected prior to project completion and a photo-
graph of the sign in place shall be submitted along with the
Project Completion Certificate required by this Part. The cost
of such signs may be charged to the approved project grant.
(3) The county pommission shall be responsible
to the Department for insuring the satisfactory operation and
maintenance of sites and facilities funded under this program.
(4) Prior to release of funds for approved projects,
the county shall enter into a project agreement with the
Department. The project agreement shall state the purposes
and conditions of the grant, the grant amount, and the project
period. The county shall accept the terms and conditions of the
project agreement prior to its execution by the liaison agent
and the Executive Director.
(5) Any requested changes in the scope of the
project, project period, or grant amount must be submitted
in writing to the Bureau:
(a) Such requests must document the reasons
for the change.
(b) Requested changes involving increases
in the grant amount or extension of the
project period must be accomplished
by formal amendment to the existing
project agreement. Such amendments-
10
shall be approved by the county prior to
their execution by the liaison agent and the
Executive Director.
(6) The liaison agent shall submit to the Bureau
a status report on the progress of the project 180 days after
the project agreement is executed and every 6 months thereafter
until all program monies have been finally and properly expended.
(7) Within 60 days of the time that the project is
completed, the county shall submit to the Bureau a signed Project
Completion Certificate.
(8) Unexpended grants shall be returned to the
Department for deposit into the trust fund within 60 days
after the project completion date specified in the Project
Completion Certificate.
(9) The Department shall have the right to terminate
a project agreement and demand refund of Program funds for
non-compliance with the terms of the project agreement or these
rules. Failure of a county to comply with the provisions of a
project agreement or these rules may result in the Department
declaring the county ineligible for further participation in the
program until such time as the county complies with the terms of
the project agreement.
Specific Authority 370.021, 371.161, FS.
Laws Implemented 371.171, 371.65, Fs.
History: New , Previously numbered 16D-5.03
16D-5.39 Accountability. The following procedures
shall govern the accountability of Program grant funds:
(1) Each county is responsible for maintaining
an accounting system which meets generally accepted accounting
principles and for maintaining such financial records as are
necessary to properly account for all Program funds.
(2) Upon completion of a project, documentation
of expenditures shall be submitted to the Bureau as an attach-
ment to the Project Completion Certification.
(3) For all.projects, the following information
is required upon project completion:
(a) Project Completion Certificate, signed
by the liaison agent.
(b) The project engineer's statement certifying
completion in accordance with subsection
16D-5.36(1) of this Part (for boat ramp
and/or dock projects).
(c) Documentation of all expenditures incurred
against the project.
(d) A copy of any planning study report.
(e) A refund check for any unused program funds.
(4) For acquisition projects, the following additional
materials shall be submitted to the Bureau upon closing:
(a) Project Completion Certificate signed by
the liaison agent.
(b) A copy of the closing statement and
canceled checks to seller.
(c) Copy of warranty deed and title insurance
policy.
(d) Proof that the land acquired has been
officially dedicated as required by Sub-
section 16D-5.35(2)(b) of this Part.
(5) Authorized personnel of the Department may inspect
completed projects and audit project financial records.
(6) If it is found by any State, county or independent
audit that funds have not been used in accordance with this Part
and applicable laws, the county will be responsible for
repayment of misused funds to the Department for deposit in the
trust fund.
Specific Authority 370.021, 371.161, FS.
Laws Implemented 371.171, 371.65, FS.
History: New , Previously numbered 16D-5.03
16D-5.391 Program Administration Forms. The following
Ara Pv,TPI^s of all forms cited in this Part:
(1) Project Application forms
12
I
n
(a) Project Identification form
(b) Development Application form
(c) Acquisition Application form
(2) Project Agreement (development)
(3) Project Agreement (acquisition)
(4) Pre -Construction Certification
(5) Project Completion Certificate
_Specific Authority 370.021, 371.161, FS. s
Laws Implemented 371.171, 371.65, FS.
History: New , Previously numbered 16D-5.03
13
STATE OF FLORIDA
2.
3.
DEPARTMENT OF NATURAL RESOURCES
Florida Boating Improvement Program
Project Application
Project Identification
Type of Project: Acquisition Devalopment Planning
Launch Site New
Docking Facility Expansion
Channel Marking Renovation
Other (specify)
Project Title:
Project Location:
4. Brief Description of Project:
5. Grant Requested: $
Source of Other Funds:
Estimated Total Project
Cost $
6. Applicant Identification:
L
For Office Use Only
Date Received
Project No.
County
Applicant County:
Located in City of: (if applicable)
Liaison Agent:
Appointed Representative of County, Board
(Name of County)
of County Commissioners
Address:
Phone No.
7. Signature:
Date:
DNR 42-034
Rev. 8-1-80
14
3.
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Florida Boating Improvement Program
Project Application
for Development
Ownership of Site: Federal State Local
Total Estimated Cost: $ t
Type and Estimated Cost of Proposed Development (By Unit):
Facility I Quantity and Unit of Measure
Specify No. and/or Feet
Contingency - % (10% maximum)
Total
Type and Status of Required Permits, Easements or Leases
Type: Status
Estimated
Cost
5. Required Attachments
a. vicinity map
b. site development plan
c. copies of required permits, easements or leases or letters
stating none are required
d. proof of county/local ownership or other form of site control
e. Pre -construction certification (if applicable)
1
DNR 42-035
Rev. 8-1-80
15
1
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Florida Boating Improvement Program
Project Application
for Acquisition
61. Acreage: Total Land Water_
2. Legal Description: (attach additional pages if necessary)
3. Appraised Value: Appraisal Date:
Tattac copy
4. Negotiated Purchase Price:
S. Required Attachments
a. vicinity map
b. preliminary site development plan
c. copy of appraisal
d. contract for purchase or other form of acquisition agreement
e. copy of disclosure of.beneficial interest required by Section
286.23, Florida Statutes
f. copy of commitment for title insurance
I
DNR 42-036
Rev. 8-1-80 16
STATE OF FLORIDA
DEPARTMENT OF NATL'RAy RESOURCES
Florida Boating Improvement Program
Project Agreement - Development
This agreement made and entered into by and between the
State of Florida Department of Natural Resources, hereinafter
called DEPARTMENT, and
hereinafter
called
in furtherance of an approved recreational
program involving the parties hereto in pursuance of which the
parties hereto agree as follows:
1. The DEPARTMENT has found the improvement of recre-
ational boating to be the primary purpose of the project known as
and enters into this Agreement with the
County to carry out its obligations described in the project de-
scription attached hereto and made a part of this Agreement as
Exhibit "A".
2. The County agrees to carry out its obligations as set
forth in Exhibit "A" hereto and convenants that it has the.full
legal authority and capability to do so.
3. The County agrees to complete said project on or
before In the event said project is not
completed on or before , the County agrees
to return to the DEPARTMENT any and all unexpended funds the
DEPARTMENT may have provided the County for said project.
4. The County agrees to appoint an official Liaison Agent
to be responsible for the successful accomplishment of the County's
obligations toward said project, the prompt implementation of the
articles of this Agreement, and the submission of progress reports
every one hundred and eighty (180) days from the date of the excu-
tion of this Agreement until said project is completed by the County,
and all County obligations set forth in Exhibit "A" hereto have been
met.
Page 1 of 3 Pages
DNR 42-017
Rev. 6-1-80
17
5. The DEPARTMENT agrees, in consideration of the
promises made by the County herein, to tender to the County funds
of $ to be used for the accom-
plishment of the obligations made in Exhibit "A".
6. The County agrees to return to the DEPARTMENT all
funds tendered for said project in the event said project becomes
utilized for other than boating related purposes.
7. In the event unexpended funds exist at the completion
of said project, as described in Exhibit "A", the County agrees to
return said unexpended funds to the DEPARTMENT within sixty (60)
days after said project completion.
8. In the event the DEPARTMENT should demand a return
of any or all funds tendered pursuant to paragraph 5 of this
Agreement, the County agrees to return said funds to the DEPART-
MENT within sixty (60) days. If not returned within sixty (60)
days, the County understands and agrees that any and/or all of
said unreturned funds constitute a legal debt to the DEPARTMENT,
which from that point, shall be due and payable with such interest
as the DEPARTMENT may determine. Any further County requests for
funding from the DEPARTMENT shall'be denied until the debt of
said unreturned funds shall have been satisfied.
9. In the event the County elects to implement a user
fee system for any of its facilities funded by the Florida Boating
Improvement Program, the County agrees to impose such fees uniformly
among the users regardless of race, sex, age, religion, or other
condition or the political jurisdiction in which the user may reside.
10. The DEPARTMENT reserves the right to henceforth
inspect the project as well as the right to audit any and all
financial records pertaining to said project at reasonable times.
11. Any inequities that subsequently appear in this
Agreement shall be subject to negotiation upon written request of
either party, and the parties agree to negotiate in good faith as
to any such inequities.
12. This Agreement is executed in duplicate, each copy
Page 2 of 3 Pages
DNR 42-017
Rev. 8-1-80
18
1
1
ofl'wKich shall for all purposes be considered an original.
IN WITNESS THERETO, the parties hereto have caused
these presents to be executed by the officer or agents thereunto
lawfully authorized.
Attest:
Attest:
Effective Date:
Page 3 of 3 Pages
DNR 42-017
Rev. 8-1-80
EXECUTIVE BOARD OF THE
DEPARTMENT OF NATURAL RESOURCES
By:
Elton J. Gissen anner
Executive Director
Its Agent for this Purpose
The of 19
By:
Its Agent for this Purpose
19
' STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
rjo-ida Boating Improvement Program
Project Agreement - Acquisition
This agreement made and entered into by and between the
State of Florida Department of Natural Resources, hereinafter
called DEPARTMENT, an
d hereinafter,
called f in furtherance of an approved` recreational
program involving the parties hereto in pursuance of which the
parties hereto agree as follows:
1. The DEPARTMENT has found recreational boating improve-
ment to be the primary purpose of the project known as
and has agreed to enter into this Agreement with
the County for acquisition of real property described in the legal
description attached hereto and made a part of this Agreement as
Exhibit "A".
2. The County agrees to develop certain recreational
boating facilities on said real property, such development being
substantially all in accordance with the conceptual site plan attached
hereto and made a part ofrthis Agreement as Exhibit "B". The
County further agrees to complete said development within three
(3) years of the date of execution of this agreement.
3. The County agrees to appoint an official liaison
officer to be responsible for the successful completion of said
project, and the prompt implementation of the articles of this
Agreement.
4. The DEPARTMENT agrees, in consideration of the promises
made by the County herein, to tender to the County$ funds in the
amount of , to be used specifically for the acquisi-
tion of real property as described in Exhibit "A" of this Agreement.
5. The 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"
Page 1• of 3 Pages
DNR 42-049
9-8-80
20
to the public for a period of years as a recreation
area available to the general public for recreational boating
purposes only. T:2 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 for any reason convert all
or any portion of the property described in Exhibit "A" to other
than recreational boating purposes during the period dedicated,
the agrees to provide at its sole expense
without further contribution from the Florida Boating Improvement
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 meet with the approval
of the DEPARTMENT. In lieu of such replacement, the
shall return to the DEPARTMENT the entire contribution from the
Florida Boating Improvement Program.
6. In the event there exist unexpended or deobligated
funds at the completion of said acquisition described in Exhibit "A"
attached hereto and made a part of this Agreement, the County
agrees to return said unexpended or deobligated funds to the
DEPARTMENT with sixty (60) days after said project's completion.
7. In the event the DEPARTMENT should demand a return
of any or all funds tendered pursuant to paragraph 4 of this
Agreement, the County agrees to return said funds to the DEPART-
MENT within sixty (60) days. If not returned within sixty (60)
days, the County understands and agrees that any and/or all of
said unreturned funds constitute a legal debt to the DEPARTMENT,
which -from that point, shall be due and payable with such interest
as the DEPARTMENT may determine. Any further County requests for
funding from the DEPARTMENT shall be denied until the debt of
said unreturned funds shall have been satisfied.
8. In the event the County elects to implement a user
fee system for or for any facility
Pace 2 of 3 Pages
DNR 42-049
9-8-80
21
V
L]
I
within the project boundaries, the County agrees to impose such
fees uniformly among the users regardless of the political juris-
diction in which the user resid_z.
9. The DEPARTMENT reserves the right to inspect the
site and facilities, as well as the right to audit any and all
financial records pertaining to said project at reasonable times.
10. Any inequities that subsequently appear in this
Agreement shall be subject to negotiation upon writtenrequest of
either party and the parties agree to negotiate in good faith as
to any such inequities.
11. This agreement is executed in duplicate, each copy of
which shall for all purposes be considered an original.
IN WITNESS THERETO, the parties hereto have caused these
presents to be executed by the officer or agents thereunto lawfully
authorized.
Attest:
Attest:
Effective Date:
Page 3 of 3 Pages
DNR 42-049
9-8-80
EXECUTIVE BOARD OF THE
DEPARTMENT OF NATURAL RESOURCES
By:
Elton J. Gissen anner
Executive Director
Its Agent for this Purpose
The of
19
By:
Its Agent for this Purpose
22
i)
t
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Florida Boating Improvement Program
Pre -Construction Certification
t
Project Title
County
I hereby certify that the plans and specifications for
the above referenced project comply with the project design
criteria established by the Department of Natural Resources, and
will, if -carried out, result in completed facilities incorporating
acceptable engineering design standards, which facilities will be
structurally sound, safe and suitable for their location and
intended use.
Date:
DNR 42-048
8-1- 80
Project Engineer
1
23
7
=ATE- OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Florida Boating Improvement Program
Project Completion Certificate
Project Title
I hereby certify that the above mentioned project has
• been completed in accordance with the Project Agreement between
County and the Florida Department of Natural
Resources dated the day of , 19 , and
all funds allocated for the project were expended for purposes
of enhancing boating as a recreational activity.
1
Signed:
Liaison Agent for Florida
Boating Improvement Program
County
Date:
This project was completed in accordance with the plans
and specifications approved by the Pre -Construction Certification
dated .
Date:
DNR 42-018
Rev. 8-1-80
Project Engineer
24
STATE OF FLORIDA
DEPARTMENT OF NATURA:. RESOURCES
Florida Boating Improvement Program
Project Application
�! Project Identification
1. Type of Project: Acquisition Development X Planning
Launch Site X New
Docking Facility X Expansion X
Channel Marking Renovation
Other (specify)
2.
Project
Title:
CYPRESS CREEK COMMONS
3.
Project
Location:
NW CORNER OF SOUTHGATE BOULEVARD AND UNIVERSITY DRIVE
4. Brief Description of Project: EXPANSION OF EXISTING LAUNCHING FACILITY TO
INCLUDE DOCKING AMENITIES AND OTHER ITEMS.
�. Grant Requested: $ 71,665
Souice of Other Funds:
S
Estimated Total Project
Cost $ 71,665
6. Applicant Identification:
Applicant County: BROWARD
Located in City of: TAMARAC (if applicable)
Liaison Agent: TYSON JONES
Appointed Representative of BROWARD County, Board
(Name of County)
of County Commissioners
Address: 5811 NW 88th Avenue
Tamarac, Florida 33321
City of Tamarac
Ph
7. Signat
Date:
DNR 4 2- 0 34
hots ost - on
one No. 5-722-5900
1..
i
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Florida Boating Improvement Program
Project Application
for Development
1. Ownership of Site: Federal State Local X
2. Total Estimated Cost: $ 71,665
3. Type and Estimated Cost of Proposed Development (By Unit):
a 4.
Vi
5.
Facility
Quantity and Unit of Measure
Specify No. and/or Feet
Estimated
Cost
-
SEE EXHIBIT "A"
,Contingency - $
(10% maximum)
Total
Type and Status of Required Permits, Easements or Leases
Type: SOUTH FLORIDA WATER MANAGEMENT Status PERMIT APPLIED FOR
DISTRICT WATER USE AND RIGHT-OF-WAY
OCCUPANCY PERMIT
Required Attachments
a. vicinity map
b. site development plan
c. copies of required permits, easements or leases or letters
stating none are required
d. proof of county/local ownership or other form of site control
e. Pre -construction certification (if applicable).
DNR 42-035
Rev. B-1-80
15
EXHIBIT "A"
Estimated Cost Breakdown
Boat slips (4) (18' X 41) $1500 each $ 6,000
Boardwalk & ramps (2) (122' X 4') 10,000
Paving of parking lot & access roads 15,000
Expansion of shelter (10' X 20') 1,500
Picnic tables 10 @ $200 each 2,000
Charcoal grills 10 @ $50 each 500
Water bubbler (1) 250
Parking lot lights 18,000
Well, pumps(5), irrigation system 11900
Electric service 5,000
Landscaping 5,000
65,150
Contingency 10%...6,515
$ 71,665
.
• • •�' Mr%�E�Nt : oEED l
/ SIATUTotDT� IIAMCO FORM s ts•MOTOI Attachment B
30; 0
7 i
77— 22066
Made this 14th day of October . A. D. I97 LEADERSHIP HOUSING, INC.,
$ttwttn a Delaware Corporation,
and SIMON ZUNAMON, as Trustee under Provisions of a certain Trust
Agreement dated December 1, 1972, and known as Trust No. 101,
of the County of BROWARD , to the State of FLORIDA . parties of the first part, and
THE CITY OF TAMARAC, a municipal Corporation,
of the County of BROWARD , in the State of FLORIDA , whose post office address is
5811 N.W. SBth Avenue, Tamarac, Florida 33321,
Part y of the second part,
Iffiffitsuthr That the said part of the first part, for and in consideration of the sum of
TEN ($10.00)------------------------------------------------ — Dollars.
to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowl-
edged, have granted, bargained, and sold to the said party of the second W. its succes
and assigns forever, the following described land, situate, nrsd being in the County of BROWARD ,
State of FLORIDA , to -wit:
Four (4) Tracts of land, respectively described
upon Exhibits A, Be C and D annexed hereto,
all of which are lying, being and situate in
Broward County, Florida;
Subject to all matters of record, except
mortgages, liens and other monetary
encumbrances.
STATE OF FLORIDA I --
at DOCUMENTARY , STAMP 7AX I
wa "' OEPT.OF REVENUE `� I
And the said part ies of the first part do hereby fully warrant the title to said land, and will defend the
same against the lawful claims of all persons whomsoever.
In witness
hunds and seals
HOUSING, INC.,
Coe oration
resident'
... ii .
12�/"
.G�
....................•--
................
• , ' ' UNANibbi" " a Trustee under
Provisions of a ertain Trust
STATE OF FI.O A, Agreement date December 1, 1972,
COUNTY OF BROWARD and known as Trust No. 101
I HEREBY CERTIFY that on this day, before me, an
officer duly authorised in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
LON B. RUBIN, President
of LEADERSHIP HOUSING, INC., a Delaware Corporation,
to me known to be the person described in and who executed the foregoing instrument and he acknowledged
before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this .� -`.! '�` day of
Cf t- A. D. 19 76
r C t
NOtO.y FAliz. SWo C. .
This Instrument V►r s Frepatc-1 By. BOn�d by American fir: i t o+uo?Ir �•
ARTHUR J. EiRK
Uhfreofr The said part ies of the first part have hereunto set their
the day and year first above written.
LEADERSHIP
Signed, sealed and delivered in the presence of: a Delaw r
n
E I [BIT C
rtion of Section 6, Township
49 South, Range 41
That P° together with that
East, Broward County, Florida, e 41
portion of Section 5, Township 49 South. a Range
East
East, Section 310 Township 48 South, Rang
eg41 East,
and Section 33, Township 48 South, Rang
FLORIDA FRUIT LANDS COMPAp SUBDIVISION
U102 ISI N of 02, as
blic
recorded in Plat Book Florida, together
Records of Palm Beach County, 48 South,
with the portion of Section 32, Townshiplying 180.00
Range 41 East, Broward County, Florida,
langles to the
feet South of, as measured CEL AND SOUTHERN
South line of Canal C-14, bounded on
FLORIDA-FLOOD CONTROLRight-Of-"ay eing line of University
the East by the West
Drive.
situate, lying and being in Broward County,
Said lands
Florida.
Mo
tt'1-n
O -r:
OF ILL
. INOIS)
jjw OF COOK ) SS: {
I HEREBY CERTIFY that on this day, before me, an officer duly '
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared SIMON ZUNAMON, as Trustee under
Provisions of a certain Trust Agreement dated December 1, 1972, and
known as Trust No. 101, to me known to be the person described in and
who executed the foregoing instrument and he acknowledged before me
that he executed the same.
WITNESS my hand and off' ial Seal in the County and State^last
aforesaid day of 1976. _ -
MY COMMISSION EXPIRES:
Notary Public',
State of Illinois at I;arge
9
I
1