Resolution 368-1990
RESOLUTION NO.
368
- 1990
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 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, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that said Board hereby accepts the Caloosa Cove
Grant and directs the execution of the 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
~ sr. day of ~ lL-1 Ll"- -t~/q'qlJ,
BOA~DMg~UNTY C,OMMIS,SIONERS
OF~~...:q.DA
By .-.,
Mayor/Chairman
(Seal) ,
Attest:
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APPROVED AS TO FORM
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(DNR Contract Number)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Agreement - Development
F89-117
(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
SPONSOR, in furtherance of an approved outdoor recreation
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
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
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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.
4. The DEPARTMENT shall pay, on a reimbursement basis,
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:
DEPARTMENT Amount
Matching
Basis
(2/3)
(1/3)
$120,000.00
PROJECT SPONSOR Match $ 60,000.00
Type of Match Cash and/or In-kind Services
Page 2 of 7
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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
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the PROJECT shall be secured in accordance with the provisions of
Chapter 287, Part I, Florida Statutes. Expenses representing the
PROJECT costs, including required matching contribution, shall be
reported to the DEPARTMENT and summarized on certification forms
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provided in the POLICY. The POLICY establishes uniform
guidelines and procedures to be utilized by the DEPARTMENT and
the PROJECT SPONSOR in accounting for grant funds disbursed under
the PROJECT and sets forth principles for determining eligible
costs, supporting documentation and minimum reporting
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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,
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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
funds by the DEPARTMENT for any obligation or expenditure made
prior to the execution of this Project Agreement with the
exception of $0, for: NONE.
7. The PROJECT SPONSOR shall complete all PROJECT
construction within eighteen (18) months of the execution date of
this Project Agreement.
8. Rosie Keween, Grants Specialist or successor, is
hereby designated the DEPARTMENT'S Contract Manager 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
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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
17.03, Florida Statutes.
10. The PROJECT SPONSOR agrees to save and hold
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
PROJECT SPONSOR'S obligations contained herein to construct,
operate and maintain the PROJECT.
11. The DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any time.
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
PROJECT SPONSOR of any reimbursement due the DEPARTMENT.
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14. The DEPARTMENT shall have the right to demand a
refund, either in whole or part, of the funds provided to the
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
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
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.
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20. This Project Agreement represents the entire
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 DATE: August 1, 1990
Title: Mayor/Chairman
(SEAL )
AITEST: DANNY L. KOLHAGE, CLERK
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
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DNR Contract Manager
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DNR Con ract Administrator
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Approved as to
Form and Legality:
Q(~
Depart n ttorney
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By:
Address:
Monroe County
Public Service Bldg/
Wing II
Key West/stock Island,
Florida 33040
DNR 42-058
Revised 5-14-90
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,Ail of the followi
wat.er line:
icribed lands lYing above the mean high
The southeasterly 50 feet of the State Road Number 5 (US-1)
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 Hatecumbe Key, Monroe
County, Florida, and being more particularly describe as follows:
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 Map: thence run
S33'26'01"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 Map and the POI~T OF BEGINNING; thence continue
S33'26'01"E, along the most southwesterly line of said Tract "AU
and its extension, for a distance of 50.00 feet to the
intersection with the southeast~rly right-of-way line of S.R. 5
as shown in said Right-of-Way M~p; thence run S55'3S'S9"W, along
said right-of-way line, for a distance of 2,747.57 feet to the
West line of the NW 1/4 of said Section 29, as shown in said
Right-of-Way Map; thence continue S56'3S'S9"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 S7S'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 Hap; 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 NS6'33'59"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 54 South, Range 36 East, adjoining the southwesterly
end of Lower Hatecumbe 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'S3' 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 Hatecumbe 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,
#036rmOOl,leg
EXHIBIT A
Monroe COllnty F89117
Ca100s l'e