Resolution 212-1991
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RESOLUTION NO.
212_1991
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE EXECUTION OF
THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE
GRANT FOR THE ACQUISITION OF PROPERTY FOR
PUBLIC OUTDOOR RECREATION ON STOCK ISLAND
WHEREAS, Resolution No. 673-1990 executed by the Board
of County Commissioners on December 19, 1990, authorized the
submission of a Florida Recreation Development Assistance
grant application to the Department of Natural Resources,
and
WHEREAS, Monroe County has received notification from
the Department of Natural Resources that the acquisition of
Monroe County's outdoor recreation project has been
approved, and
WHEREAS, $150,000.00 is available for this purpose with
a 50% Monroe County match for the acquisition, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor of the Board is
hereby authorized to execute the Project Agreement by and
between the Florida Department of Natural Resources and
Monroe County, concerning a grant award in the amount of
$150,000.00 for the acquisition of property on Stock Island
for outdoor recreational purposes, a copy of same being
attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting of said
Board held on the 5th day of June, A.D. 1991.
Mayor Harvey
Mayor Pro Tern London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Not Present
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF~..t9_~rr:Y~",\\~ ~ t II. 'C
By~ . .. -~ .
DANNY 1.. XOidlAGE, Clerk /'
(Seal) ~ ~
Attest: . -:.L. -, .tOt!
Clerk 'J
APPROVt:D AS TO FORM
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(DNR Contract Number)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Agreement - Acquisition
F90105
(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 GRANTEE, 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 16D-5, Part V, Florida Administrative Code, hereinafter
called the RULE. The GRANTEE 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 GRANTEE. The DEPARTMENT may cancel this Project
Agreement for failure by the GRANTEE to perform pursuant to the
terms and conditions of this Project Agreement. It is the intent
of the DEPARTMENT and the GRANTEE that none of the provisions of
Page 1 of 9
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 Stock Island
Recreational Park (Florida Recreation Development Assistance
Program, Project Number F90105), hereinafter called the
PROJECT, and enters into this Project Agreement with the PROJECT
SPONSOR for the acquisition of that real property, the legal
description of which is set forth in Exhibit A, attached.
3. The GRANTEE shall complete acquisition of the
PROJECT site by May 1, 1992. All PROJECT close-out documentation
shall be submitted to the Department prior to release of Program
funds pursuant to the requirements of the RULE.
4. within three (3) years from the completion date set
forth in the project completion certificate, unless extended by
Department staff for good cause at the written request of the
GRANTEE, the GRANTEE will construct, or cause to be constructed,
certain outdoor recreation facilities and improvements in
accordance with the following development elements: softball
field, nature trail, bike path, fishing pier, picnic area,
parking, restoration of salt pond and mangroves and related
support facilities and improvements. Upon completion of
development, the GRANTEE shall provide to the Department an as-
built plan for the PROJECT site along with a list identifying the
number and types of recreation and support facilities constructed
and improvements made. In the event the GRANTEE fails to
Page 2 of 9
complete development of subject property in the manner described
in this Project Agreement on or before the date specified herein,
the GRANTEE, 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.
5. The DEPARTMENT shall pay, on a reir~ursement basis,
to the GRANTEE, funds not to exceed $150,000.00, which will pay
the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount
GRANTEE Match
Type of Match
$
$
150.000.00
150,000.00
Cash
50%
50%
The PROJECT reimbursement request shall include all documentation
required by the DEPARTMENT for a proper pre-audit and post-audit
review. The Contract Manager shall, within sixty (60) days after
receipt, review the completion documentation and payment request
on the PROJECT and, if in order, approve the request for payment.
6. The GRANTEE 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 GRANTEE shall ensure that all purchases of
goods and services for accomplishment of the PROJECT shall be
secured in accordance with the GRANTEE'S adopted procurement
procedures. Expenses representing the PROJECT costs including
Page 3 of 9
required matching contribution, shall be reported to the
DEPARTMENT and summarized on certification forms provided in the
POLICY. The POLICY establishes uniform guidelines and procedures
to be utilized by the DEPARTMENT and the GRANTEE in accounting
for grant 'funds disbursed under the PROJECT and sets forth
principles for determining eligible costs, supporting
documentation and minimum reporting requirements. The GRANTEE
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, Auditor General, state comptroller and
other relevant parties shall have the right to inspect and audit
GRANTEE records for said PROJECT.
7. If the GRANTEE has been granted a Waiver of
Retroactivity and all applicable requirements have been
satisfied, the full Program amount may be reimbursed upon
completion of the PROJECT if such costs are identified in
Paragraph 8 herein as eligible costs incurred prior to execution
of the Project Agreement.
8. The DEPARTMENT and the GRANTEE 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 $8,000.00, for: appraisal and survey.
Page 4 of 9
9. 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
GRANTEE'S Liaison Agent, as identified in the PROJECT
application, shall act on behalf of the GRANTEE relative to the
provisions of the Project Agreement. The GRANTEE'S Liaison Agent
shall submit to the DEPARTMENT signed PROJECT status reports
every ninety (90) days summarizing the acquisition negotiations
to date, percentage of completed development as described in
Paragraph 4 herein and other appropriate information.
Photographs shall be submitted once a year to reflect the
progress of the development.
10. All monies expended by the GRANTEE for the purpose
contained herein shall be subject to pre-audit review and
approval by the Comptroller of Florida in accordance with Section
17.03, Florida Statutes.
11. The GRANTEE 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 GRANTEE'S obligations
contained herein to acquire, construct, operate and maintain the
PROJECT.
12. The DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any time.
Page 5 of 9
13. This Project Agreement may be unilaterally
cancelled by the DEPARTMENT in the event the GRANTEE 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.
14. Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compliance by the
GRANTEE with said project Agreement, the GRANTEE 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 GRANTEE, will inform the GRANTEE
of any reimbursement due the DEPARTMENT.
15. The DEPARTMENT shall have the right to demand a
refund, either in whole or part, of the funds provided to the
GRANTEE for non-compliance with the terms of the Project
Agreement, and the GRANTEE 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 calculated at two
(2) percent over the prevailing prime rate as reported by the
Federal Reserve.
16. The State of Florida's performance and obligation
to pay under this Project Agreement is contingent upon an annual
appropriation by the Legislature.
Page 6 of 9
17. 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 GRANTEE must specify thickness of asphalt
and square yards to be paved.
18. Prior to final reimbursement, the GRANTEE must
erect a permanent information sign on the project site which
credits the Florida Department of Natural Resources.
19. Land owned by the grantee, which is developed or
acquired with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site for the use and benefit of the public.
The dedication must be recorded in the public property records by
the GRANTEE. The GRANTEE shall ensure that projects on GRANTEE-
owned lands, purchased or developed with FRDAP funds, shall be
managed for outdoor recreation purposes for a minimum period of
twenty-five (25) years from the completion date set forth in the
project completion certificate. Land under control other than by
ownership of the GRANTEE (e.g., lease, permit, management
agreement or other similar instrument, etc.) and developed with
program funds shall be managed as an outdoor recreation area for
the public for a minimum period of twenty-five (25) years from
the completion date set forth in the project completion
certificate. All projects shall be open at reasonable times and
shall be managed in a safe and attractive manner appropriate for
pUblic use. Should GRANTEE, convert all or part of the project
site to other than DEPARTMENT staff approved recreational uses,
Page 7 of 9
the GRANTEE shall replace the area, facilities, resource or site
at its own expense with an acceptable project of comparable scope
and quality.
20. No person on the grounds of race, creed, color,
national origin, age, sex, or handicap, shall be excluded from
participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this
Project Agreement.
21. 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 address shown below.
Page 8 of 9
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 Wilhelmina G. Harvey
Division of Recreation and Parks
Title:
Mayor/Chairman
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
Address:
5825 Junior College Road
Key West, Florida 33040
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
DNR
~~H'._
Contract Manager
~~ J cdMDE
Contr ct Administrator
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APPRovro AS TO FORM
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Dale
DNR
Grantee Attorney
Approved as to
Form and Legality:
Page 9 of 9
DNR 42-058
Revised 03-13-91
LEGAL DESCRIPTION OF PROPOSED STOCK ISLAND PAR1~ PARCEL
(FRDAP ACQUISITION PROJECT #F9010S)
Commencing at the NW Corner of Lot 1, Block 57, Maloney's Plat of
Stock Island, according to the plat thereof, as recorded in Public
Records of Monroe County, Florida, in Plat Book 1 at Page 55, run
South along the Easterly right of way line of Fifth Street according
to the aforementioned plat a distance of 200 feet more or less to tha
shoreline; thence meander the shoreline in an Easterly direction B
feet, more or less, to the Point of Beginning, said Point of
Beginning being 8.00 feet Easterly of as maasured at right angles to
the Easterly right of way line of Fifth Street, according to the
aforementioned record plat, if extended southerly; thence run South
along a line 8.00 feet distant from and parallel to the Easterly
right of way line of Fifth Street, if extended, for a distance of
1160 feet more or less to a point; thence deflecting 90 degrees to
the left run 310.27 feet; thence deflecting 83 degrees 561 to the
left run Northeasterly along the Southwesterly extension of the
Easterly line of Lot 5, Block 57, of the aforementioned plat for a
distance of 1060 feet more or less to the shoreline; thence meander
the shoreline in a Westerly direction for a distance of 480 feet,
more or less, back to the Point of Beginning, containing 9.5 acres,
more or less.
SOURCE: MONROE COUNTY OFFICIAL RECORD NO. 380, PAGE 382
EXHIBIT A
Monroe County F90-l05
Stock Island Recreational Park