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Resolution 437-1990 RESOLUTION NO. 437 -1990 A RESOLUTION TO AMEND RESOLUTION 368-1990 OF THE MONROE COUNTY BOARD OF COMMISSIONERS ACCEPTING THE CALOOSA COVE GRANT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE CORRECTED GRANT AGREEMENT WHEREAS, on October 11, 1989, the Board of County Commissioners of Monroe County, Florida authorized the application for a grant from the Florida Department of Natural Resources under the Florida Recreation Development Assistance Program, and WHEREAS, on May 22, 1990, a grant for $120,000.00 from the Florida Department of Natural Resources under the Florida Recreation Development Assistance Program, was awarded to Monroe County for the Caloosa Cove Beach Park project, and WHEREAS, on August 1, 1990, the Board of County Commissioners accepted the Caloosa Cove grant which did not include a completion date, and WHEREAS, the Florida Department of Natural Resources corrected the grant agreement to include the project completion date of November 1, 1991, now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby amends Resolution #368-1990 and accepts the Caloosa Cove Grant and directs the execution of the corrected grant agreement by the proper County authorities. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 11th day of September, A.D. 1990. BOA~DMg~~UNTY COMMISSIONERS ByOF~~DA (Seal) Attest: DANNY L. KOHLAGE, Clerk .b!.L#-.f~/ "YJ:J:llNO 091 .10 .Mla; 3~VHl O'>l '1 AN 11 "Lid 02 d3S06, OH003M HO.:) 0311:J ,~' ; , ': \ .;~ ",'~ z~ ,.~ t :.;! C6530 (DNR Contract Number) '1" FLORIDA DEPARTMENT OF NATURAL RESOURCES ". ..~ ,~ FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM -, Project Agreement - Development Fa9-117 (Project Number) This Project Agreement made and entered into this day of , 19___, by and between the State of Florida, Department of Natural Resources, hereinafter called the DEPARTMENT, and Monroe County, hereinafter called the PROJECT ,< "..' I SPONSOR, in furtherance of an approved outdoor recreation '....~.., -~ i}1 .;'l. ~" :11 :;\ ."~ project. In consideration of the mutual covenants contained herein the parties hereto agree as follows: ~~& .. 1. This project Agreement shall be performed pursuant to Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 160-5, Part V, Florida Administrative Code, hereinafter ,.'~ , , ,.~ ij ~ ~~ called the RULE. The PROJECT SPONSOR shall comply with all provisions of the RULE, which is incorporated into this Project Agreement by reference, as if fully set forth herein. Disputes concerning the interpretation or application of this Project Agreement shall be resolved by the DEPARTMENT whose decision shall be final and binding on the PROJECT SPONSOR. The DEPARTMENT may cancel this Project Agreement for failure by the PROJECT SPONSOR to perform pursuant to the terms and conditions of this Project Agreement. It is the intent of the DEPARTMENT Page 1 of 7 ,.1:. , :., ~, and the PROJECT SPONSOR that none of the provisions of Section 163.01, Florida Statutes, shall have application to this Project Agreement. 2. The DEPARTMENT has found that outdoor recreation is the primary purpose of the project known as Caloosa Cove (Florida Recreation Development Assistance Program, Project Number F89- 117), hereinafter called the PROJECT, and enters into this Project Agreement with the PROJECT SPONSOR for construction of outdoor recreation facilities and improvements on real property, the legal description of which is set forth in Exhibit A, attached. 3. The PROJECT SPONSOR will construct, or cause to be constructed, certain outdoor recreation facilities and improvements in accordance with the following PROJECT elements which may be modified with good cause by the DEPARTMENT: .~~ picnic area, restrooms and related support facilities and improvements'. :;~ ., .... ":<c. 4. The DEPARTMENT shall pay, on a reimbursement basis, { ~). ;~ (i 1 to the PROJECT SPONSOR, funds not to exceed $120,000.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: J ., ':.t DEPARTMENT Amount $120,000.00 Matching Basis (2/3) (1/3) '! ~ 'j :1 'j ! ,~ ,! ~ ~ ~ ~ '1 1 PROJECT SPONSOR Match $ 60,000.00 Type of Match Cash and/or In-kind Services Page 2 of 7 ( ~i} ;'"j . ! . " ) , The Contract Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date on the PROJECT and, if in order, approve the request for payment. The DEPARTMENT shall retain $12,000.00 of the entire PROJECT amount until completion of the PROJECT. 5. The PROJECT SPONSOR shall comply with the DEPARTMENT'S Grant and Contract Accountability POlicy, Chapter 16A-11, Florida Administrative Code, hereinafter called the POLICY, and incorporated into this Project Agreement by reference as if fully set forth herein. The PROJECT SPONSOR shall ensure that all purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the provisions of Chapter 287, Part I, Florida Statutes. Expenses representing the ~ .'~ 1 1 PROJECT costs, including required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the POLICY. The POLICY establishes uniform lit ., " , guidelines and procedures to be utilized by the DEPARTMENT and the PROJECT SPONSOR in accounting for grant funds disbursed under ;i 1 " 1 the PROJECT and sets forth principles for determining eligible i ii '~ . ~ :i / i '~ costs, supporting documentation and minimum reporting I 'I ~ 1 ~ j ,j l requirements. The PROJECT SPONSOR shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, Page 3 of 7 -..............' .. , 1 ~~ ~1' ~~ 'f' . . ~ ,f i f Auditor General, state Comptroller and other relevant parties shall have the right to inspect and audit the PROJECT SPONSOR'S records for said PROJECT. 6. The DEPARTMENT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of ~ ~ .~ .f , funds by the DEPARTMENT for any obligation or expenditure made prior to the execution of this Project Agreement with the .~ i ~ ~ 1 1 ~ ,1 1 ~~ J ~ 1 ~ 1 , j exception of $0, for: NONE. 7. The PROJECT SPONSOR shall complete all PROJECT construction and submit all completion documentation on or before November 1, 1991. 8. Rosie Keween, Grants Specialist or successor, is hereby designated the DEPARTMENT'S Contract ~anager for the purpose of this Project Agreement and shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The PROJECT SPONSOR'S Liaison Agent, as identified in the project application, shall act on behalf of the PROJECT SPONSOR relative ~ to the provisions of the Project Agreement. The PROJECT SPONSOR'S Liaison Agent shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion and other appropriate information. Photographs shall be submitted when appropriate to reflect the construction work accomplished. Page 4 of 7 '1- ') 'i 9. All monies expended by the PROJECT SPONSOR for the purpose contained herein shall be subject to preaudit review and approval by the Comptroller of Florida in accordance with Section J ,. :.j 7, 17.03, Florida statutes. 10. The PROJECT SPONSOR agrees to save and hold :i j .! } ~ 1. ;1 harmless the DEPARTMENT, its officers, agents and employees from any and all liabilities, claims, actions, damages, awards and judgements, to the extent allowed by law, arising from the ~ j :; j ~ ." , PROJECT SPONSOR'S obligations contained herein to construct, operate and maintain the PROJECT. 11. The DEPARTMENT reserves the right to inspect said .'" .A 1 ..l ~ PROJECT and any and all records related thereto at any time. 1 "\! 'I A ~ ; j t 1 .~ ~ ..~ 12. This Project Agreement may be unilaterally cancelled by the DEPARTMENT in the event the PROJECT SPONSOR refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with the Project Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 13. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for non-compliance by the PROJECT SPONSOR with said Project Agreement, the PROJECT SPONSOR will be allowed a maximum of sixty (60) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the PROJECT SPONSOR, will inform the ~ '~ ~ I i PROJECT SPONSOR of any reimbursement due the DEPARTMENT. Page 5 of 7 ....-... -...: '.'...~.'.; .~ ~i ' ~ .1 1 1 ~ o ~ .,~ "' 14. The DEPARTMENT shall have the right to demand a refund, either in whole or part, of the funds provided to the ~ , j PROJECT SPONSOR for non-compliance with the terms of the Project Agreement, and the PROJECT SPONSOR upon notification from the DEPARTMENT, agrees to refund, and will forthwith pay, the amount of money demanded--which payment shall be made directly to the DEPARTMENT. Such refund shall include interest as specified in I' > '\~ 1 1 ~ .~~ ] ,....:, 1 ~ 1 ~'~ "1 ~ ."~ \~ .~ i the RULE. 15. The State of Florida's performance and obligation to pay under this Project Agreement is contingent upon an annual appropriation by the Legislature. 16. Reimbursement of eligible travel expenses shall be . ~~ . ~ '~li subject to the requirements of Section 112.061, Florida statutes. 17. Allowable indirect costs shall not exceed 15% of the PROJECT SPONSOR'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. 18. Asphalt paving for the PROJECT shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the PROJECT SPONSOR must specify thickness of asphalt and square yards to be paved. 19. All development and physical alteration of the property shall be completed in accordance with the current management plan as approved by the Board of Trustees of the Internal Improvement Trust Fund. Page 6 of 7 ;" ~ 20. This Project Agreement represents the entire ". . ~ .~~..t.~." :, ":J .~ agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing duly signed by each of the parties hereto, and attached to the original of this Project Agreement. Any and all notices shall be delivered to the parties at the addresses shown below. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES MONROE COUNTY By: By: Fran P. Mainella, Director Division of Recreation and Parks Address: Bureau of Local Recreation Services/ Woodcrest Mail Station 585 Division of Recreation and Parks Department of Natural Resources 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Ti tIe: Mayor /Chainnan (SEAL ) ATTEST: By: Address: DANNY L. KOLHAGE, CLERK Deputy Clerk Monroe County Public Service Bldg/ Wing II Key West/Stock Island, Florida 33040 ~~~--- DNR Contract Manager ~;";^- Y-l""OQ tf= D Co tract Administrator Project Sponsor Attorney Approved as to Form and Legality: ~.~ '15epart u Attorne - -- DNR 42-058 Revised .5-14-90 Page 7 of 7 APPROVED AS TO FORM AND LEGAL SUFFICI. '/VCr. BY A '. '( \<01 .~ ~~ . .;:! i .,.<! :I ,..~ j '.~ ,I i '~ .~ "1 t~ :~~ . ~i . A11 of the fol: ~1t.er l'ine: The southeasterly 50 feet of the State Road Number 5 {US-i) right-of-way, as shown on Florida State Department of Transportation Right-of-Way Map for Section 90050, lying in the NW 1/4 of Section 29 and extending to the NE 1/4 of Section 30, Township 64 South, Range 36 East, in Lower Matecumbe Key, Monroe County, Florida, and being more particularly describe as follows: described lands lying above the mean high COMMENCE at the most westerly corner of Tract "A" of "Lower Matecumbe Beach", according to the plat thereof as recorded in Plat Book 3, at Page 34, of the Public Records of Monroe County, Florida, said point being 50.00 feet southeasterly of station 724+00 of the Baseline of said Right-of-Way Hap; thence run S33.26'Ol"E, along the most southwesterly line of said Tract "A", for a distance of 100.00 feet to the intersection with a line 150 feet southeasterly and parallel with the Baseline of said Right- of-Way Hap and the POINT OF BEGINNING; thence continue S33.26'01"E, along the most southwesterly line of said Tract "A" and its extension, for a distance of 50.00 feet to the intersection with the southeasterly right-of-way line of S.R. 5 as shown in said Right-of-Way Map; thence run S56.35'59"W, along said right-of-way line. for a distance of 2,747.67 feet to the West line of the NW 1/4 of said Section 29, as shown in said Right-of-Way Hap; thence continue S56'35'59"W, along said southeasterly right-of-way line now in the NE 1/4 of said Section 30, for a distance of 152.33 feet more or less to the shore line; thence run on a mean bearing of S75.00'05"W meandering along said shore line for a distance of 158.11 more or less to the I intersection with a line 50.00 feet northwesterly and parallel with the southeasterly right-of way line of S. R. 5 as shown in said Right-of-Way Map; thence run N 56.33'59"E. from said shore line along the last described parallel line for a distance of 335.11 feet more or less to the East line of the NE 1/4 of said Section 30; thence continue N56.33'59"E, back in the NW 1/4 of said Section 29, along said line 50.00 feet northwesterly and parallel with the southeasterly right-of-way line, for a distance of 2,714.89 feet to the POINT OF BEGINNING. Also those land lying contiguous to and southeasterly of the above described lands lYing above the mean high water line. LESS AND EXCEPT: Those lands conveyed by Trustees deed number 21721 (05-44) which bound the Northeast end of above described property and described in said deed as follows: A parcel of submerged land in the straits of Florida in Section 29, Township 64 South, Range 36 East, adjoining the southwesterly end of Lower Matecumbe Key, Monroe County, Florida, more particularly described as follows: From the most westerly corner of Tract A, according to plat of Lower Matecumbe Beach recorded in Plat Book 3 at Page 34, Public Records of Monroe County, Florida, run South 32.53' East along the southwesterly side of Tract A, a distance of 135 feet more or less to the mean high tide line on the shore of the Straits of Florida and the point of beginning of the parcel hereinafter described; thence continue South 32.53' East, a distance of 410 feet; thence South 72.53' East, a distance of 250 feet; thence North 57.07' East, a distance of 480 feet more or less to the westerly edge of an eXisting channel, as shown on said plat ~f Lower Matecumbe Beach; thence northerly and northeasterly meandering said edge of eXisting channel, a distance of 240 feet more or less to the mean high tide line at the most southerly corner of Lot 24. Block 2, according to said plat of Lower Matecumbe Beach; thence westerly meandering said mean high tide line, a distance of 950 feet more or less to the point of beginning. #036rm001.1eg EXHIBIT A Monroe County FB9117 Caloosa Cove