HomeMy WebLinkAboutR-2004-199 Little Fuzzy Bunny Cove RESOLUTION NO. 2004-199
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A GRANT
CONTRACT (AND ANY TIME EXTENSIONS, IF DEEMED NECESSARY)
ON BEHALF OF THE CITY, WITH FLORIDA COMMUNITIES TRUST AND
BROWARD COUNTY FOR ACQUISISTION OF AND IMPROVEMENTS TO
BROWARD COUNTY GREEN SPACE SITE NUMBER 449, CONSISTING OF
4.71 ACRES, LOCATED NORTH OF THE INTERSECTION OF SW 45TH
STREET AND SW 25TH AVEUNE, AND ACROSS FROM "BOATERS'
PARK", IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the proper City Officials are authorized to execute a Grant Contract
(and any time extensions, if deemed necessary) on behalf of the City, with Florida Communities
Trust and Broward County for acquisistion of and Improvements to Broward County Green
Space Site Number 449, consisting of 4.71 acres, located north of the intersection of SW 45"
Street and SW 251h Avenue, and across from "Boaters' Park", in the City of Dania Beach. The
Finance Director is authorized to appropriate the budget by the award amount in both the grant
revenue and the expenditure accounts.
Section 2. That the City Manager and the City Attorney are authorized to make minor
revisions to such Contract as are deemed necessary and proper for the best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on November 9, 2004.
C.K. MCELYEA
MAYOR-COMMISSIONER
-LOU-ISE STILSON
�._CITY CLERK
I RESOLUTION NO. 2004-199
ROLL CALL:
COMMISSIONER ANTON-YES
APPROVED AS TO FORM COMMISSIONER CHUNN- YES
AND CORREC ESS COMMISSIONER FLURY- YES
VICE MAYOR MIKES - YES
MAYOR MCELYEA- YES
T V A J. A S RO
CITY ATTORNEY
I�
2 RESOLUTION NO. 2004-199
COUNTY
AEnvironmental Protection Department
BIOLOGICAL RESOURCES DIVISION
218 SW 1 ST Avenue•Fort Lauderdale, Florida 33301 •954-519-1230•FAX 954-519-1412
February 07, 2005
Bonnie Temchuk, Assistant to the City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
RE: Executed Grant Contract for
FCT Project #04-008-FF4 (Little Fuzzy Bunny Cove)
FCT Recipients: Broward County and the City of Dania Beach
Dear Ms. Temchuk:
Please find enclosed for your files one (1) fully executed grant contract for the above Florida
Communities Trust project. If you have any questions, please call me at (954) 519-1297.
Sincerely,
Toni D. Edwards
Natural Resource Specialist
Land Preservation Section
/tde
Enclosures
cc: File 449
Broward County Board of County Commissioners
Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D.Jacobs•Ilene Lieberman•John E.Rodstrom,Jr.•Jim Scott•Dia na
Wasserman-Rubin•Lois Wexler
www.broward.org
FCT Contract Number or CT-_.g y- .0 y-6y- ,4/. o n,P
FLORIDA COMMUNITIES TRUST
04-008-FF4
LITTLE FUZZY BUNNY COVE
CSFA # 52002
GRANT CONTRACT
THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST
("FCT'),a non-regulatory agency within the State of Florida Department of Community Affairs,and
BROWARD COUNTY,a local government of the State of Florida("Recipient"),and CITY OF
DANIA BEACH, a local government of the State of Florida ("Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS,the intent of this Agreement is to impose terms and conditions on the use of the
proceeds of certain bonds,hereinafter described,and the lands acquired with such proceeds("Project
Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax
law and to otherwise implement the provisions of Sections 259.105,259.1051 and Chapter 380,Part
III, Florida Statutes;
WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a
non-regulatory agency within the Department of Community Affairs ("Department") which will
assist local governments in bringing into compliance and implementing the conservation,recreation
and open space, and coastal elements of their comprehensive plans or in conserving natural
resources and resolving land use conflicts by providing financial assistance to local governments and
nonprofit environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida
Forever Act, which provides for the distribution of twenty-two percent (22%), less certain
reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other
revenue source designated by the Florida Legislature to provide land acquisition grants to local
governments and nonprofit environmental organizations for the acquisition of community-based
projects, urban open spaces, parks and greenways to implement local comprehensive plans;
WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning
the interest on the bonds is excluded from the gross income of bondholders for federal income tax
purposes;
WHEREAS, Rule Chapter 9K-7, Florida Administrative Code ("F.A.C.") sets forth the
procedures for the evaluation and selection of lands proposed for acquisition and Rule Chapter 9K-8,
F.A.C. sets forth the acquisition procedures;
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• WHEREAS, on September 1, 2004 the FCT Governing Board scored, ranked and selected
projects to receive approval for funding;
WHEREAS, the Recipient's project, described in an application submitted for evaluation,
was selected for funding in accordance with Rule Chapter 9K-7, F.A.C., and by executing this
Agreement the Recipient reaffirms the representations made in its application;
WHEREAS,Rule 9K-7.009(1),F.A.C. authorizes FCT to impose conditions for funding on
those FCT applicants whose projects have been selected for funding;
WHEREAS, Rule 9K-7.003(5)F.A.C.,recognizes real property owned by the Recipient and
included in the application as part of the Project Site as an eligible source of Match, provided that
the real property owned was acquired by the Recipient within 24 months prior to the application
deadline for which the application was made. The date of this application deadline was MAY 5,
2004;
WHEREAS, the Recipient acquired fee simple title to the entire Project Site on
February 27, 2004 from Bay Cove L.L.C;
WHEREAS,the Recipient will request disbursement of FCT Florida Forever Bond proceeds
for the reimbursement of Project Costs expended by the Recipient for the acquisition of the Project
Site; and
WHEREAS, the purpose of this Agreement is to set forth the conditions that must be
satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded,as
well as the restrictions that are imposed on the Project Site subsequent to reimbursing the Recipient
for Project Costs.
NOW THEREFORE, FCT and the Recipient mutually agree as follows:
I. PERIOD OF AGREEMENT
1. This Agreement shall begin upon the Recipient's project being selected for funding
and shall end MARCH 1, 2005 ("Expiration Date"), unless extended as set forth below or unless
tenninated earlier in accordance with the provisions of Article XIII of this Agreement.
2. FCT may extend this Agreement beyond the Expiration Date if the Recipient
demonstrates that significant progress is being made toward Project Plan approval or that
extenuating circumstances warrant an extension of time. A request for an extension shall fully
explain the reason for the delay and why the extension is necessary and shall be provided to FCT in
accordance with paragraph V.1. prior to the Expiration Date. if the Recipient does not request an
extension, or if a requested extension is not granted by FCT, the Recipient's award shall be
rescinded and this Agreement shall terminate.
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I1. MOFIDICATION OF AGREEMENT
1. Either party may request modification of the provisions of this Agreement at any
time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly
signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement.
III. DEADLINES
1. At least two original copies of this Agreement shall be executed by the Recipient and
returned to the FCT office at 2555 Shumard Oak Boulevard,Tallahassee,FL.32399-2100,as soon as
possible and before DECEMBER 8, 2004. If the Recipient requires more than one original
document, the Recipient shall photocopy the number of additional copies needed and then execute
each as an original document. Upon receipt of the signed Agreements, FCT shall execute the
Agreements, retain one original copy and return all other copies that have been executed to the
Recipient.
2. The Recipient and its representatives shall know of and adhere to all project deadlines
and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as
deadlines associated with any FCT activity relating to the project,shall be strictly enforced. Failure
to adhere to deadlines may result in delays in the project, allocation of time or resources to other
recipients that respond timely or the termination of this Agreement by FCT.
3. The Recipient shall submit the documentation required by this Agreement to FCT as
• soon as possible so that the Project Costs may be reimbursed in an expeditious manner.
4. The Recipient shall provide a monthly status report to FCT of its progress towards
reimbursement of the Project Costs.
5. The Recipient shall provide the appraisal(s)required by 9K-8.007,F.A.C.to FCT for
review by a date not to exceed ninety(90)days after the Recipient's project is selected for funding.
The appraisals shall be reviewed and, upon approval, the Maximum Approved Purchase Price
("MAPP"), as provided in Rule 9K-8.007(5) and (6), F.A.C., shall be determined.
IV. FUNDING PROVISIONS
1. The FCT Florida Forever award granted to the Recipient("FCT Award")will in no
event exceed the lesser of Fifty Percent (50%) of the final Project Costs, as defined in Rule 9K-
7.002(29), F.A.C.,or Nine Hundred Twenty Four Thousand Nine Hundred Thirty One Dollars And
Zero Cents ($924,931.00), unless FCT approves a different amount after detennination of the
MAPP, which shall be reflected in an addendum to this Agreement.
The FCT Award is based on the Recipient's estimate of final Project Costs in its application,as well
as the Limitation of Award provided in Rule 9K-7.003(3), F.A.C. and advertised in the Notice of
Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs
consistent with the definition in Rule 9K-7.002(29), F.A.C. FCT shall participate in the land cost at
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either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in
ithe above paragraph.
2. The FCT Governing Board selected the Recipient's application for funding in order to
acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or
adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design
is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any
request for Project Site boundary modification in accordance with the procedures set forth in Rule
9K-7.010, F.A.C.
3. The FCT Award shall be delivered either in the form of Project Costs prepaid by FCT
to vendors or in the form of a State of Florida warrant to the Recipient. The FCT Award shall only
be delivered after FCT approval of the Project Plan and Project Site acquisition terns. FCT shall
prepare a grant reconciliation statement prior to the reimbursement that evidences the amount of
Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds
expended by FCT for Project Costs shall be recognized as part of FCT Award on the grant
reconciliation statement.
4. If a Match is required, it shall be delivered in an approved form as provided in Rule
9K-7.002(22), F.A.C. If the value of Pre-acquired land, as defined by Rule 9K-7.002(28), or
donated land is the source of the Match, the MAPP shall determine the value of the Match. Funds
expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant
reconciliation statement.
5. By executing this Agreement,the Recipient affirms that it is ready, willing and able
to provide a Match, if any is required.
6. FCT's perfonnance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Florida Legislature, and is subject to any modification in accordance
with Chapter 216,Fla. Stat. or the Florida Constitution.
V. NOTICE AND CONTACT
1. All notices provided under or pursuant to this Agreement shall be in writing and
delivered either by hand delivery or first class, certified mail, return receipt requested, to:
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
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2. All contact and correspondence from FCT to the Recipient shall be through the
key contact. Recipient hereby notifies FCT that the following administrator, officer or employee
is the authorized key contact on behalf of the Recipient for purposes of coordinating project
activities for the duration of the project:
Name: Donald Burgess
Title: Land Preservation Administrator
Address: 218 S.W. 1st Avenue, Fort Lauderdale, FL 33301
Phone: (954) 519-0305 Fax: (954) 519-1412
E-mail: dburgess@broward.org
3. The Recipient authorizes the administrator, employee, officer or representative
named in this paragraph to execute all documents in connection with this project on behalf of the
Recipient, including, but not limited to, the Grant Contract or any addenda thereto, grant
reconciliation statement, statements submitted as a part of the Project Plan and Declaration of
Restrictive Covenants.
BROWARD COUNTY:
Name: Roger Desjarlais
Title: County Administrator
Address: 115 South Andrews Avenue, Fort Lauderdale, FL 33301
Phone: (954) 357-7350 Fax: (954) 357-7360
Email: rdesjarlais@broward.org
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CITY OF DANIA BEACH:
• Name: Ivan Pato
Title: City Manager
Address:_100 Dd Dania a ac Blvd
Dania Beach, FL 33004
Phone: 954-924-3610 Fax: 954-921-2604
Email:ipat-cpr•i _dani a—hF,a h fl 3s
4. In the event that different representatives or addresses are designated for either
paragraph 2. or 3.above after execution of this Agreement, notice of the changes shall be rendered
to FCT as provided in paragraph 1. above.
5. The Recipient hereby notifies FCT that Broward Countv's Federal Employer
Identification Number(s) is 59-6000531.
VI. PROJECT PLAN APPROVAL; PRE-CLOSING REQUIREMENTS
1. Prior to the final disbursement of the FCT Award,the Recipient shall submit to FCT
and have approved a Project Plan that complies with Rule 9K-8.01 1,F.A.C. The Project Plan shall
• not be considered by FCT unless it is organized with a table of contents and includes all of the
following documents to ensure that the interest of the State of Florida will be protected:
a. Closing documents associated with the parcel(s):
(1) A copy of the Purchase Agreement(s) for sale and purchase of the
parcel(s) between the Recipient and Bay Cove L.L.C.
(2) A copy of closing statements from Buyer(s) and Seller(s) for the
purchase of the parcel(s).
(3) A copy of the recorded deed(s)evidencing conveyance of title to the
parcel(s) to the Recipient.
(4) Certified survey(s) of the parcel(s) that meets the requirements of
Rule 9K-8.006, F.A.C.. and is dated within ninety (90) days of the
date of acquisition of the parcel(s) by the Recipient.
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(5) A copy of the title insurance policy(s)evidencing marketable title in
Recipient to the parcel(s) and effective the date of acquisition of the
parcel(s)by the Recipient,including a statement from the title insurer
as to the minimum promulgated rate if premium was paid by
Recipient, and all documents referenced in the title policy(s).
(6) Environmental site assessment(s) of the parcels) certified to the
Recipient, which meets the standards and requirements of ASTM
Practice E 1527, and with a date of certification within ninety(90)
days of the date of acquisition of the parcel(s)by Recipient,together
with the statement required by Rule 9K-8.012(4), F.A.C.
b. A letter from FCT indicating approval of the Management Plan written in
accordance with Rule 9K-7.011, F.A.C., and as described in Article VII
below.
C. A statement of the Project Costs.
d. A statement of the amount of the award being requested from FCT.
e. Supporting documentation that the conditions imposed as part of this
Agreement have been satisfied.
• f. A signed statement by the Recipient that the Recipient is not aware of any
pending criminal, civil or regulatory violations imposed on the Project Site
by any governmental agency or body.
g. A signed statement by the Recipient that all activities under this Agreement
comply will all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the applicable adopted and
approved comprehensive plan.
h. Additional documentation as may be requested by FCT to provide
Reasonable Assurance, as set forth in paragraph VI1.4. below.
2. FCT shall approve the terms under which the interest in land is acquired pursuant to
Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves the Project Plan
containing a copy of the document(s) vesting title to the Project Site in the Recipient.
3. All real property shall be obtained through a Voluntarily-Negotiated
Transaction, as defined in Rule 9K-7.002(41). The use of or threat of condemnation is not
considered a Voluntarily-Negotiated Transaction.
4. All invoices for Project Costs,with proof of payment, shall be submitted to FCT and
be in a detail sufficient for a proper audit thereof.
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5. The Recipient may, and is strongly encouraged to, request a courtesy review of its
Project Plan prior to its submission for approval.
6. Reimbursement for Project Costs shall not occur until after FCT approval of the
Project Plan.
VI1. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT
1. Prior to approval of the Project Plan and final disbursement of the FCT Award, the
Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 9K-
7.011,F.A.C.and addresses the criteria and conditions set forth in Articles VII,V111, IX,X,and X1
herein.
2. The Management Plan explains how the Project Site will be managed to further the
purposes of the project and meet the terns and conditions of this Agreement. The Management Plan
shall include the following:
a. An introduction containing the project name, location and other background
information relevant to management.
b. The stated purpose for acquiring the Project Site as proposed in the
application and a prioritized list of management objectives.
C. The identification of known natural resources including natural communities,
listed plant and animal species, soil types, and surface and groundwater
characteristics.
d. A detailed description of all proposed uses including existing and proposed
physical improvements and the impact on natural resources.
e. A detailed description of proposed restoration or enhancement activities, if
any, including the objective of the effort and the techniques to be used.
f. A scaled site plan drawing showing the project site boundary, existing and
proposed physical improvements and any natural resource restoration or
enhancement areas.
g. The identification and protection of known cultural or historical resources
and a commitment to conduct surveys prior to any ground disturbing actiti ity,
if applicable.
h. A description of proposed educational displays and programs to be offered, if
applicable.
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i. A description of how the management will be coordinated with other
agencies and public lands, if applicable.
j. A schedule for implementing the development and management activities of
the Management Plan.
k. Cost estimates and funding sources to implement the Management Plan.
3. If the Recipient is not the proposed managing entity, the Management Plan shall
include a signed agreement between the Recipient and the managing entity stating the managing
entity's willingness to manage the site,the manner in which the site will be managed to further the
purpose(s) of the project and the identification of the source of funding for management.
In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the
interlocal agreement that sets forth the relationship among the partners and the fiscal and
management responsibilities and obligations incurred by each partner for the Project Site as a part of
its Project Plan.
4. To ensure that future management funds will be available for the management of the
site in perpetuity pursuant to Section 259.105 and Chapter 380,Part III, Fla. Stat.,the Recipient(s)
shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K-7.002(32),
F.A.C.,that it has the financial resources,background,qualifications and competence to manage the
Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not
include at least one Local Government, FCT may require the Recipient to do one, or more, of the
following: post a performance or other bond in an amount sufficient to ensure that the Project Site
shall be reasonably and professionally managed in perpetuity;establish an endowment or other fund
in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local
Government, in whose jurisdiction the Project Site is located, which shall require the Local
Government to take over the responsibility for management of the Project Site in the event the
Recipient is unable to, and may require the Local Government to be a named co-signer on the
Declaration of Restrictive Covenants;or provide such other assurances as the Governing Board may
deem necessary to adequately protect the public interest.
5. The Recipient shall,through its agents and employees,prevent the unauthorized use
of the Project Site or any use thereof not in confonnity with the Management Plan approved by FCT.
6. All buildings, structures, improvements and signs shall require the prior written
approval of FCT as to purpose. Further,tree removal,other than non-native species,and major land
alterations shall require the written approval of FCT. The approvals required from FCT shall not be
unreasonably withheld upon sufficient demonstration that the proposed structures, buildings,
improvements, signs, vegetation removal or land alterations will not adversely impact the natural
resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the
items mentioned herein shall be considered written approval from FCT.
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7. As required by Rule 9K-7.013, F.A.C.,each year after FCT reimbursement of Project
Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents
the progress made on implementing the Management Plan_
VII7. SPECIAL MANAGEMENT CONDITIONS
In addition to the Management Plan conditions already described in this Agreement,which apply to
all sites acquired with FCT funds,the Management Plan shall address the following conditions that
are particular to the Project Site and result from either corarnitments made in the application that
received scoring points or observations made by FCT staff during the site visit described in Rule 9K-
7.009(1), F.A.C.:
1. Two or more resource-based outdoor recreational facilities including nature trails and
fishing platforms shall be provided. The facilities shall be developed in a manner that allows the
general public reasonable access for observation and appreciation of the natural resources on the
project site without causing harm to those resources.
2. A permanent recognition sign, a minimum size of 4'x 6', shall be maintained in the
entrance area of the project site. The sign shall acknowledge that the project site was purchased with
funds from the Florida Communities Trust Florida Forever Program and Broward County.
3. Interpretive signage shall be provided to educate visitors about the natural resources
and unique history of the Project Site.
4. A survey of the natural communities and plant species on the project site shall be
conducted prior to the development of the project site. The survey shall be used during development
of the site to ensure the protection,restoration, and preservation of the natural communities on the
project site.
5. The natural corrimunities that occur on the project site shall be preserved and
appropriately managed to ensure the long-term viability of these communities.
6. The project site shall be managed in a manner that protects and enhances habitat for
listed wildlife species that utilize or could potentially utilize the project site,including West Indian
Manatees. The development of the management plan shall be coordinated with the Fish and Wildlife
Conservation Commission's Office of Environmental Services to ensure the preservation and
viability of listed and non-listed native wildlife species and their habitat. Periodic surveys shall be
conducted of listed species using the project site.
7. The water quality of the Dania Cut-Off Canal shall be protected and the natural
hydrology of the project site shall be restored to a more natural firnction and shall include the
restoration of areas impacted by invasive exotic plants and shoreline erosion. The development of
the restoration plan shall be coordinated with the South Florida Water Management District.
S. A comprehensive landscaping plan will be developed for the project site. The
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landscaping plan will make significant use of native plants.
9. The degraded mangrove wetland community on the project site shall be restored by
removing invasive exotic vegetation, grading to the appropriate wetland elevations, and planting
appropriate native vegetation to restore the wetlands to a natural condition in terms of biological
composition and ecological function.
10. An ongoing monitoring and control program for invasive vegetation including exotic
(non-native) and nuisance native plant species shall be implemented at the project site. The
objective of the control program shall be the elimination of invasive exotic plant species and the
maintenance of a diverse association of native vegetation. The management plan shall reference the
Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive
exotics on the project site.
11. A feral animal removal program shall be developed and implemented for dogs,cats,
ducks, and other non-native wildlife that may be found on the project site.
12. A protection plan shall be developed and implemented, in conjunction with the
Division of Historic Resources,for the protection of known historical and archaeological resources
located on the project site. This plan shall include measures to stabilize sites disturbed by erosion
and looting. Information on significant historical and archaeological sites shall be provided to the
Division of Historic Resources for the purpose of updating the Florida Master Site File.
13. Major site improvements, including the parking area, picnic pavilion and fishing
platforms, shall be located in such a manner that these facilities will have minimal impact on the
natural resources on the project site.
14. Pedestrian and bicycle access to the project site shall be promoted through the
provision of pedestrian oriented walkways and bicycle facilities that link the project site with
adjacent residential neighborhoods.
15. The project site shall be protected and managed as part of linked conservation lands
and recreation opportunities within the County's designated waterway trail, the New River Loop,
part of Broward County's Greenways System.
16. Proposed site improvements shall be designed and located to minimize or eliminate
the long-term risk of storm damage or flooding in conjunction with appropriate hazard mitigation
agencies or experts.
1?. The requirements imposed by other grant program funds that may be sought for
activities associated with the project site shall not conflict with the terms and conditions of this
award.
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IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED
BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT.
1. Each parcel in the Project Site to which the Recipient acquires title shall be subject to
a Declaration of Restrictive Covenants describing the parcel and containing such covenants and
restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times
complies with Sections 375.051 and 380.510, Fla. Stat.; Section I I(e), Article VII of the Florida
Constitution;the applicable bond indenture under which the Bonds were issued; and any provision
of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt
bonds. The Declaration of Restrictive Covenants shall contain clauses providing forthe conveyance
of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund
("Trustees"), or a nonprofit environmental organization or government entity, upon failure to
comply with any of the covenants and restrictions, as further described in paragraph 3. below.
2. The Declaration of Restrictive Covenants shall also restate the conditions that were
placed on the Project Site at the time of project selection and initial grant approval. The Declaration
of Restrictive Covenants shall be executed by FCT and the Recipient at the time of reimbursement of
Project Costs and shall be recorded by the Recipient in the county(s) in which the Project Site is
located.
3. If any essential term or condition of the Declaration of Restrictive Covenants is
violated by the Recipient or by some third party with the knowledge of the Recipient,the Recipient
shall be notified of the violation by written notice given by personal delivery, registered mail or
registered expedited service. The recipient shall diligently commence to cure the violation or
complete curing activities within thirty(30)days after receipt of notice of the violation. If the curing
activities can not be reasonably completed within the specified thirty (30) day time frame, the
Recipient shall submit a timely written request to the FCT Program Manager that includes the status
of the current activity, the reasons for the delay and a time frame for the completion of the curing
activities. FCT shall submit a written response within thirty (30)days of receipt of the request and
approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be
completed within one hundred twenty (120) days of the Recipient's notification of the violation.
However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater
extension of time to complete the activities, FCT shall give the request due consideration. If the
Recipient fails to correct the violation within either(a)the initial thirty (30) day time frame or(b)
the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in
the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another
local government, nonprofit environmental organization, the Florida Division of Forestry, the
Florida Fish and Wildlife Conservation Commission,the Department of Environmental Protection or
a Water Management District, who agrees to accept title and manage the Project Site. FCT shall
treat such property in accordance with Section 380.508(4)(e), Fla. Stat.
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• X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT
FUNDING
1. The interest acquired by the Recipient in the Project Site shall not serve as security
for any debt of the Recipient.
2. If the existence of the Recipient tenninates for any reason, title to the Project Site
shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government,nonprofit environmental organization,the Florida Division of Forestry,the Florida Fish
and Wildlife Conservation Commission, the Department of Environmental Protection or a Water
Management District who agrees to accept title and manage the Project Site.
3. Following the reimbursement of Project Costs, the Recipient shall ensure that the
future land use designation assigned to the Project Site is for a category dedicated to open space,
conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable
comprehensive plan is required,the amendment shall be proposed at the next comprehensive plan
amendment cycle available to the Recipient subsequent to the reimbursement of Project Costs.
4. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the Recipient at the Project Site.
5. The Project Site shall permanently contain one sign,provided by FCT, recognizing
FCT's role in the acquisition of the Project Site. The cost of shipping the sign shall be deducted
from the FCT Award,as reflected on the grant reconciliation statement. For a Project Site where the
FCT Award is divided into more than one closing, the cost of the sign shall be deducted from the
grant reconciliation statement containing the first parcel to close. The sign shall be displayed at the
Project Site within ninety (90)days of the final disbursement of the FCT award. A photograph of
the sign installed at the Project Site shall be provided to FCT within the same ninety (90) day
timeframe.
XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND
PROCEEDS
1. FCT is authorized by Section 380.510,Fla. Stat.to impose conditions for funding on
the Recipient in order to ensure that the project complies with the requirements for the use of Florida
Forever Bond proceeds including,without limitation,the provisions of the Internal Revenue Code
and the regulations promulgated thereunder as the same pertain to tax exempt bonds.
2. The Recipient agrees and acknowledges that the below listed transactions,events, and
circumstances, collectively referred to as the "disallowable activities," may be disallowed on the
Project Site as they may have negative legal and tax consequences under Florida law and federal
income tax law. The Recipient further agrees and acknowledges that these disallowable activities
may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private
Activity regulations of the Internal Revenue Service:
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October 20;2004
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-13-
• a. any sale or lease of any interest in the Project Site to a non-governmental
person or organization;
b. the operation of any concession on the Project Site by a non-governmental
person or organization;
C. any sales contract or option to buy or sell things attached to the Project Site
to be severed from the Project Site with a non-governmental person or
organization;
d. any use of the Project Site by a non-governmental person other than in such
person's capacity as a member of the general public,
e. any change in the character or use of the Project Site from that use expected
at the date of the issuance of any series of Bonds from which the
disbursement is to be made;
f. a management contract for the Project Site with a non-governmental person
or organization; or
g. such other activity or interest as may be specified from time to time in
writing by FCT to the Recipient.
3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to
remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as
provided for in paragraph V.I.,at least sixty(60)calendar days in advance of any such transactions,
events or circumstances, and shall provide to FCT such information as FCT reasonably requests in
order to evaluate for approval the legal and tax consequences of such disallowable activities.
4. In the event that FCT determines at any time that the Recipient is engaging, or
allowing others to engage, in disallowable activities on the Project Site, the Recipient shall
immediately cease or cause the cessation of the disallowable activities upon receipt of written notice
from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right
to seek temporary and permanent injunctions against the Recipient for any disallowable activities on
the Project Site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND
OTHER GOVERNMENTAL BODIES,NONPROFIT ENTITIES OR NON GOVERNMENTAL
PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY
RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE
CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING
BOND PROCEEDS TO ACQUIRE THE PROJECT SITE. ARE FULLY COMPLIED WITH BY
THE CONTRACTING PARTY.
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. XII. RECORDKEEPING; AUDIT REQUIREMENTS
1. The Recipient shall maintain financial procedures and support documents, in
accordance with generally accepted accounting principles,to account for the receipt and expenditure
of funds under this Agreement. These records shall be available at all reasonable times for
inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT.
"Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
2. If the Recipient expends a total amount of State financial assistance equal to or in
excess of$500,000 in any fiscal year of such Recipient, the Recipient must have a State single or
project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the
applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550
(local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor
General. In determining the State financial assistance expended in its fiscal year,the Recipient shall
consider all sources of State financial assistance, including State funds received from FCT, other
state agencies and other non-state entities. State financial assistance does not include Federal direct
or pass-through awards and resources received by a non-state entity for Federal program matching
requirements. The funding for this Agreement was received by FCT as a grant appropriation.
In connection with the audit requirements addressed above,the Recipient shall ensure that the audit
complies with the requirements of Section 21597(7), Fla. Stat. This includes submission of a
reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550,(local
government entities) or 10.650(nonprofit organizations), Rules of the Auditor General.
3. If the Recipient expends less than$500,000 in State financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not
required. If the Recipient elects to have an audit conducted in accordance with the provisions of
Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of
such an audit must be paid from Recipient funds not obtained from a State entity).
4. The annual financial audit report shall include all management letters,the Recipient's
response to all findings, including corrective actions to be taken, and a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
agreement number. Copies of financial reporting packages required under this Article shall be
submitted by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs (at each of the following addresses):
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
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October 20,2004
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Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
State of Florida Auditor General at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
5. If the audit shows that any portion of the finds disbursed hereunder were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to FCT of all funds not spent in accordance with the applicable regulations and
Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non-
compliance.
6. The Recipient shall retain all financial records, supporting documents, statistical
records and any other documents pertinent to this Agreement for a period of five years after the date
of submission of the final expenditures report. However, if litigation or an audit has been initiated
prior to the expiration of the five-year period, the records shall be retained until the litigation or
audit findings have been resolved.
7. The Recipient shall have all audits completed in accordance with Section 215.97,
Fla. Stat. performed by an independent certified public accountant ("IPA") who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted above.
XIII. DEFAULT; REMEDIES; TERMINATION
1. If the necessary funds are not available to fund this Agreement as a result of action by
the Florida Legislature or the Office of the Comptroller,or if any of the events below occur("Events
of Default"), all obligations on the part of FCT to make any further payment of funds hereunder
shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth
herein,but FCT may make any payments or parts of payments after the happening of any Events of
Default without thereby waving the right to exercise such remedies,and without becoming liable to
make any further payment. The following constitute Events of Default:
a. If any warrant or representation made by the Recipient in this Agreement,
any previous agreement with FCT or in any document provided to FCT shall
at any time be false or misleading in any respect,or if the Recipient shall fail
to keep, observe or perform any of the terns or covenants contained in this
Agreement or any previous agreement with FCT and has not cured such in
timely fashion, or is unable or unwilling to meet its obligations thereunder:
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October 20,2004
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b. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the
financial condition revealed in any reports tiled or to be filed with FCT,and the
Recipient fails to cure said material adverse change within thirty(30)
days from the date written notice is sent to the Recipient by FCT;
C. If any reports or documents required by this Agreement have not been timely
submitted to FCT or have been submitted with incorrect, incomplete or
insufficient information.
d. If the Recipient fails to perform and complete in timely fashion any of its
obligations under this Agreement.
2. Upon the happening of an Event of Default, FCT may, at its option,upon thirty(30)
calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's
failure to timely cure, exercise any one or more of the following remedies, either concurrently or
consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from
pursuing any other remedies contained herein or otherwise provided at law or in equity:
a. Terminate this Agreement,provided the Recipient is given at least thirty(30)
days prior written notice of such termination. The notice shall be effective
when placed in the United States mail, first class mail, postage prepaid, by
registered or certified mail-return receipt requested,to the address set
forth in paragraph V.2. herein;
b. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
C. Withhold or suspend payment of all or any part of the FCT Award;
d. Exercise any corrective or remedial actions, including, but not limited to,
requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance or issuing a
written warning to advise that more serious measures may be taken if the
situation is not corrected; or
e. Exercise any other rights or remedies which may be otherwise available under
law, including, but not limited to, those described in paragraph IX.3.
3. FCT may terminate this Agreement for cause upon written notice to the Recipient.
Cause shall include,but is not limited to: fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; failure to make significant progress toward
Project Plan and Management Plan approval;and refusal by the Recipient to permit public access to
any document,paper, letter, or other material subject to disclosure under Chapter 119,F1a.Stat., as
amended. Appraisals, and any other reports relating to value, offers and counteroffers are not
oa-oos-H Fa
October 20,2004
Pre-acquisition
-17-
available for public disclosure or inspection and are exempt from the provisions of Section
119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and
conditionally accepted by FCT, or if no Purchase Agreement is executed, then as provided for in
Sections 125.355(1)(a) and 166.045(1)(a), Fla. Stat.
4. FCT may terminate this Agreement when it detennines,in its sole discretion,that the
continuation of the Agreement would not produce beneficial results commensurate with the further
expenditure of funds by providing the Recipient with thirty(30)calendar days prior written notice.
5. The Recipient may request tenmination of this Agreement before its Expiration Date
by a written request fully describing the circumstances that compel the Recipient to terminate the
project. A request for termination shall be provided to FCT in a manner described in paragraph V.1.
XIV. LEGAL AUTHORIZATION
1. The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive funds to be provided under this Agreement and that,if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement
with all covenants and assurances contained herein. The Recipient also certifies that the
undersigned possesses the authority to legally execute and bind the Recipient to the terms of this
Agreement.
XV. STANDARD CONDITIONS
1. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule,or is otherwise unenforceable,then such provision shall
be deemed null and void to the extent of such conflict and shall be severable,but shall not invalidate
any other provision of this Agreement.
2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on
strict perfonnance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of FCT hereunder,or affect the subsequent exercise of the same right or remedy by FCT for
any further or subsequent default by the Recipient. Any power of approval or disapproval granted to
FCT under the terms of this Agreement shall survive the terns and life of this Agreement as a
whole.
3. The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et sect.), if applicable, which prohibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations,transportation, State and local govenunent services, and in teleeot7nnunications.
4. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity,may not submit a bid on a contract tivith
04-008-FF4
October 20,2004
Pre-acquisition
-1 g-
a public entity for the construction or repair of a public building or public work, may notsubmit
• lease bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of Category Two for a period of thirty-six(36)
months from the date of being placed on the convicted vendor list or on the discriminatory vendor
I ist.
5. No funds or other resources received from FCT in connection with this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
This Agreement embodies the entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agre
q.
BROWARD COUNTY FLO A M I S TRUST
i`
By: By: >
Print ame: ��IF ;, _�,-�.;if�.ELAiS Jani a Bro ring
Title: (%()f A,,;, ivis' n Director of Ho sing &
unity ev 1 p nt
Date: Date: 6 7
Approved as t F inand Legality Approved as to Form and Legality:
By: By: �e. -�'�(j<-Ar. .
• Print Name: a eoAjL,
Trust Counsel
CITY OF DANIA BEAC'I
-,7
Print Name:— 1-0�n Palo Title: City Manager Print Name: Louise Stilson
Title: City Clerk
Date: ✓ -r-�� % Vic. L,,,7
X Date: �/�
.Approved as to Form an
Le�Ijty:
By. / f
Print Name: oma$' J. sbro
Title: City Attorney
�J � c-
Date: ! &?jILe
04-008-FF4
October 20,2004
• Pre-acquisition
-19-
Agenda Request Form
City of Dania Beach
Agenda Item: s
Date of Commission meeting: 11/9/2004
Description of Agenda Item: Resolution approving execution of FCT grant for Site#449
Commission action being requested:
Adopt Resolution or Ordinance ® Expenditure ❑ Award BID/ RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
Other(Please exjala�n} f �-,
Surrima ex lanation and back round W
�
p gam:
The City of Dania Beach in partnership with Broward County has been awarded a grant through the
Florida Communities Trust for acquisition and improvements to Site#449. Staff seeks approval of the
execution of grant agreement.
See attached memo for further explanation.
Attached" and a aitionalMbackup aterialls-Ttease�hst) r
�r. �_ .. . ... �.: _.n..
Resolution -electronic attachment
Memo from Bonnie Temchuk and Tom Ansbro -electronic attachment
For purchasing requests ONLY
Department: Amount:
Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Account Name: Account Number:
Submitted by: btemchuk Date: 11/2/2004
Department Director: btemchuk Date: 11/2/2004
Admin. Services Director. Date:
Finance Director. pvarney Date: 11/5/2004
City Manager. Ivan Pato Date: 11/5/2004
CITY OF DANIA BEACH
4�
MEMORANDUM
TO: Ivan Pato
City Manager
FROM: Bonnie Temchuk
Assistant to the City Manager
Grants and Special Projects
DATE: November 4, 2004
SUBJECT: Award of Florida Communities Trust grant
Site #449 — "Little Fuzzy Bunny Cove"
In January, 2004 two resolutions (copies attached) were approved by the Commission
for acquisition and CIP funds for the above referenced park. In April, 2004 a joint grant
application was submitted to Florida Communities Trust for improvements to the site. A
support letter, confirming the joint application was signed by Mayor McElyea (copy
attached).
A letter was received yesterday, November 3rd by Scott Park indicating the award of the
grant and agreements which must be fully executed. Discussions were held with City
Attorney Ansbro, in which he indicated that a resolution must be approved by the
Commission prior to execution of the agreement.
This memo requests that this item be placed on the November 9th Commission meeting,
as an addendum, due to the short time frame that all agreements must be returned to
Florida Communities Trust. City Attorney Ansbro is creating the resolution and has
requested this information memo as back up.
CITY OF DANIA BEACH
MEMORANDUM
TO: Bonnie Temchuk, Assistant to City Manager
CC: Ivan Pato, City Manager
FROM: Tom Ansbro, City Attorney
DATE: November 4, 2004
RE: Proposed Grant Contract Among City, Broward County and Florida
Communities Trust for Green Space Site Number 449
I received and I expedited review of the Contract per your request. As we discussed,
there are a significant number of commitments the City would need to honor. In addition to the
obligations with respect to site preparation and maintenance, I have the following comments:
1) Page 1, top paragraph: the City is identified as the "Recipient". As such, all
grant obligations are imposed on the City.
2) Page 2, part I, paragraph l: note that the contract will expire on March 1, 2005
unless extended or terminated as provided in the contract.
3) Page 3, part II, "Deadlines", this is self-explanatory. Note, however, that as the
"Recipient", the City must provide "the appraisal(s)". (see paragraph 5 of part III)
4) Page 4, part IV, paragraph 5: As we discussed, the City is committing that it is
"ready, willing and able to provide a Match, if any is required". Please confirm that the City
is prepared to meet that obligation.
5) Page 6, paragraph 3: the City Manager can be identified as the City's
representative (information to be added to the Contract).
6) Pages 6 and 7, part VI: A number of the obligations in this part require that the
City provide documents to the FCT including a "copy of the Purchase Agreement(s) for sale
and purchase of the parcel(s) between the recipient and Bay Cove, L.L.C." The City is not the
actual purchaser, true? How will this be handled to satisfy the FCT provision as written? Note,
. also that a survey must be provided (Part VI.1.a.(4)).
7) Pages 8-10, Part VII, "Management Plan; Annual Stewardship Report". The
details as to both "management" and reporting should be disclosed to the City Commission.
Bonnie Temchuk
November 4, 2004
Page 2 of 2
•
Due to the extremely limited amount of time available for review, we will need to rely
on your grant expertise as to the timely submission and coordination of supporting documents
as well as compliance with property obligations.
566.028
TJA:slw
2
RD
iCOUNTY
0
ENVIRONMENTAL PROTECTION DEPARTMENT—Biological Resources Division
218 S.W. 1'Avenue•Fort Lauderdale,Florida 33301 •954-519-1230•FAX 954-519-1412
November 5, 2004
Ms. Bonnie Temchuk, Assistant to the City Manager
100 West Dania Beach Boulevard
Dania Beach, FI. 33004
RE: Grant Contract for Florida Communities Trust (FCT)
Project#04-008-FF4 (Little Fuzzy Bunny Cove)
FCT Recipients: Broward County and the City of Dania Beach
Dear Ms. Temchuk:
In reference to Mr. Ansbro's questions regarding the above FCT grant contract, I offer
the following responses.
Comment 1): Page 1, Top paragraph: The City is identified as the "Recipient".
As such, all grant obligations are imposed on the City.
Response 1): The grant contract provided by FCT for this project is their standard
grant contract, used for both single and multiple recipients. FCT identifies both the
County and the City as one "Recipient" to be consistent with Paragraph V(2) of the
contract in which one grant administrator is identified on behalf of both parties. As such,
FCT does not make a distinction between specific responsibilities under the contract for
the County versus the City. The County and City have come to an agreement on
specific responsibilities through the Interlocal Agreement we have previously executed.
If the City wishes to have the word "Recipient" inserted into the first paragraph of the
contract after the words "BROWARD COUNTY, a local government of the State of
Florida", this can probably be accommodated. Please let me know if the City wishes to
have this wording added and I will confirm with FCT that the contract can be modified to
include it.
Comment 2): Page 2, Part 1, Paragraph 1: Note that the contract will expire on
March 1, 2005 unless extended or terminated as provided in the contract.
Response 2): All aspects of administering the grant, up to and through the receipt of
the grant award, must be complete by the grant contract expiration date. This includes
execution of a declaration of restrictive covenants (grant-specific), submittal and
approval by FCT of a management plan and a project plan for the project, and
acceptance of the grant award. The grant contract period does not include the actual
work onsite specified in the managements p1anOWT-he management plan will include a
• Broward County Board of County Commissioners
Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D.Jacobs•Ilene Lieberman•Lori Nance Parrish•John E.Rodstrom,Jr.•Jim Scott
Diana Wasserman-Rubin
www.broward.org
0
• "priority schedule" for completing the various aspects of the project over a five-year
timeframe.
In recent years, FCT has generally shortened grant contract periods to facilitate getting
grant awards out to recipients in a timely fashion. We have found FCT to be flexible
about extending grant contract expiration dates, because it is in their best interest to do
so in order to carry out the objectives of the Florida Forever Program. The recipient
however, must show that significant progress is being made on the management and
project plans before an extension is granted. Even if delays are on FCT's end, it is the
recipient's responsibility to anticipate the need for an extension and formally request it
before the grant contract expires. As the grant administrator for the project, I will ensure
that any necessary grant contract extensions are requested in a timely fashion. It is
imperative however that the City communicate to the County, as soon as possible, any
unforeseen problems which might necessitate an extension.
Comment 3): Page 3, Part III, "Deadline" — This is self-explanatory. Note,
however, that as the "Recipient", the City must provide "the appraisal(s)" per
Paragraph 5 of Part III.
Response 3): The County will fulfill the requirements in Part III of the grant contract.
Monthly activity reports have so far only been required by FCT when the grant involves
project site acquisition. In those cases, a monthly activity report ensures that due
diligence is proceeding in a timely manner. Since the project site involved here is
already acquired, and a reimbursement grant is being requested, we do not anticipate
being required to provide monthly activity reports. If this policy changes, the City will be
notified and requested to provide input for such reports.
Appraisals have already been submitted to FCT for the project site and they are under
review by FCT staff and their appraisal consultants. Upon completion of the review,
FCT will send me an appraisal review report with an approved maximum approved
purchase price (MAPP) for the project site upon which FCT will base the grant award.
The MAPP represents FCT's opinion of the value of the property, not necessarily the
actual cost of the property. If the City wishes to receive a copy of the FCT appraisal
review report, please let me know and it can be provided.
Comment 4): Page 4, Part IV, Paragraph 5: As we discussed, the City is
committing that it is "ready, willing and able to provide a Match, if any is
required". Please confirm that the City is prepared to meet that obligation.
Response 4): Per the grant application, the County has already provided a 50% match
through pre-acquisition of the project site (the grant request was for reimbursement of
50% of the acquisition cost). The City will not be required to provide any additional
match for the site acquisition..
Comment 5): Page 6, Paragraph 3: The City Manager can be identified as the
City's representative (information to be added to the Contract).
Response 5): Please add your City Manager's information to the contract where
specified prior to returning it to the County for execution.
Comment 6): Pages 6 and 7, Part VI: A number of the obligations in this part
require that the City provide documents to the FCT including a "copy of the
Purchase Agreement(s) for sale and purchase of the parcel(s) between the
recipient and Bay Cove, L.L.C.". The City is not the actual purchaser, true? How
will this be handled to satisfy the FCT provision as written? Note, also that a
survey must be provided (Part Vl.1.a.(4)).
Response 6): The County will provide FCT with the project plan and fulfill all of the
requirements of Paragraph VI of the grant contract. The project plan is a compilation of
documents related to the acquisition of the project site, such as the closing statement,
purchase contract, no lien affidavits, invoices for appraisals, environmental site
assessments, title searches and surveys, as well as proof of title insurance, an original
certified survey, statements of County compliance with various laws relative to the
acquisition of property and any recorded plat maps, deeds, agreements and official
County records referenced in the above documents.
Comment 7): Page 8-10, Part VII, "Management Plan; Annual Stewardship
Report". The details as to both "management" and reporting should be disclosed
to the City Commission.
Response 7): The City will be requested to provide a plan to the County that spells out
the specific details of development and management of the project site. The City's plan
will be the basis for an FCT-compliant management plan that the County will compile
and submit to FCT following review and approval by the City. Your County Land
Preservation representative, Mr. Scott Park, will contact you with the specific
information needed in the City's plan, as well as a timeframe for submitting it to the
County.
Annual stewardship reports will also be prepared by the County with input from the City.
Mr. Park will contact you when annual stewardship report information is needed each
year, with adequate time for you to provide a written summary of the accomplishments
made during the previous months toward meeting commitments made in the approved
management plan.
I hope this clarifies the requirements in the grant contract. Should you have any further
questions regarding FCT requirements, please feel free to contact me at (954) 519-
0305. Thank you for partnering with the County on this grant.
Sincerely,
Donald Burgess
Land Preservation Administrator
CC' File 449
Ivan Pato, City Manager, City of Dania Beach
Scott Park, Broward County Land Preservation Section
Br +
cARD
ENVIRONMENTAL PROTECTION DEPARTMENT—Biological Resources Division
218 S.W. 1st Avenue•Fort Lauderdale,Florida 33301 •954-519-1230•FAX 954-519-1412
October 31, 2004
Ms. Bonnie Temchuk, Assistant to the City Manager
100 West Dania Beach Boulevard
Dania Beach, FI. 33004
RE: Grant Contract for Florida Communities Trust (FCT)
Project #04-008-FF4 (Little Fuzzy Bunny Cove)
FCT Recipients: Broward County and the City of Dania Beach
Dear Ms. Hess:
In May, 2004, Broward County and the City of Dania Beach jointly applied for a grant from the
State Department of Community Affairs, Florida Communities Trust (FCT) for reimbursement of
costs associated with the acquisition of County Green Space Site #449 (Little Fuzzy Bunny
Cove). This 4.71-acre property is located directly north of the intersection of S.W. 45th Street
and S.W. 251h Avenue and across from Boater's Park in the City of Dania Beach. We have
received notification from FCT that the grant has been approved. The next step in the process
is execution of a grant contract which specifies the terms under which the award will be made.
Since the City and County are joint recipients, both entities must execute the grant contract.
• Enclosed are three (3) originals of the grant contract for City review and approval. Please
complete the required information on pages 6 and 19 and return them to me by November 23.
Upon execution by all parties involved, the City will be provided with one (1) fully executed
original of the grant contract. Should the City require more than one executed original, please
provide as many signed originals as needed when returning them to me.
Thank you for your attention to this matter. Please call me at (954) 519-1436 if you have
questions or need additional information.
Sincerely,
Scott Park
Natural Resource Specialist II
SP/tde
cc: File 449
Ivan Pato, City Manager, City of Dania Beach
Enclosures (3)
•
Broward County Board of County Commissioners
Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D.Jacobs•Ilene Lieberman•Lori Nance Parrish•John E.Rodstrom,Jr.•Jim Scott
•Diana Wasserman-Rubin
www.broward.org