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173-Florida Dept. of Natural Resources, Grant Agreement ~ . 01 Sanford, Pia . G\\\\ 32771 r1dq Commission..manager Plan August 29, 1980 WARREN E. KNOWLES CITY MANAGER 305/322-3161 P. 0, BOX 1778 300 NORTH PARK AVENUE Mr. David O. White Grants Coordinator Bureau of Recreation Planning and Local Assistance Division of Recreation and Parks Department of Natural Resources State of Florida Crown Building 202 Blount Street Tallahassee, Florida 32301 Re: Starke Memorial Park FRDAP No. 6-45-4 Dear Mr. White: Enclosed is the copy of the Notice of Limitation of Use and the signed agreement on the above project. This is to verify the fact that it has been recorded in the public property record of Seminole County as shown on this copy. Thank you for your cooperation in this program. Very truly yours, ClrY.O~FO,RD, /~ /~~- /y . L&(~~l~i-t'~~ City Manager WEK/mj h Enclosure "The Friendly City" C I T r_~ OF SANFClD MEMORANDUM From: CITY MANAGER Date August 25, 1980 To: City Clerk Record re State Grant for Dr. Starke Park Subject: Henry: Attached is the executed project agreement for the construction of the Dr. Starke Park and the use of the $50,000. grant for the State. NOTE THAT THIS MUST BE RECORDED plus a copy of the "Notice of Limitation of Use" within the next 30 days and we must send to the State proof of that recording. Please do so and give me the proof of recording so that I can see that it is sent and our records reflect that. Copy: Jim Jernigan State of Florida BOB GRAHAM Governor GEORGE FIRESTONE Secretary of State JIM SMITH Attorney' General GERALD A. LEWIS DEPARTMENT OF NATURAL RESOURCES Comptroller BILL GUNTER I reasurcr DOYLE CONNER DR. ELTON J, GISSENDANNER CROWN Bl:ILDlNG I 202 BLOt:NT STREET / TALLAHASSEE 32301 Executive Director Commissioner of Agriculture RALPH D. TURLINGTON Commissioner of Education August 19, 1980 Mr. James R. Jernigan, Director Recreation and Parks Post Office Box 1778 Sanford, Florida 32771 Re: Starke Memorial Park FRDAP No. 6-45-4 Dear Mr. Jernigan: Enclosed is a fully executed project agreement for the above referenced project. Please send notification that a copy of the signed agreement and the "Notice of Limitation of Use" are attached to the public property records within the next thirty (30) days. Also forward for Departmental approval the project's final plans and specifications before the bids are advertised or force account construction starts. After Departmental approval, the City must execute the pre-construction certification and forward it to this office. If the project is to be contracted out, a copy of the bid advertisement, bid tabulation and proposed contract must be sent to and approved by this Department prior to executing the contract. When construction on the project begins, this Department must be notified. The information packet which was sent with the project approval letter explains these requirements in greater detail. Should you have any questions, please contact me. Sincerely, ~:~~, ,J)~~-'- David O. White Grants Coordinator Bureau of Recreation Planning and Local Assistance Division of Recreation and Parks DOW:khp Enclosures DIVISIONS / ADMINISTRA TION . LAW ENFORCEMENT. MARINE RESOlJRCES RECREATION AND PARKS. RESOlJRCE MANAGEMENT. STATE LANDS Florida Department of Natural Resources FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Pre-Construction Certification PROJECT TITLE: STARKE MEMORIAL PARK PROJECT NO: 6-45-4 CITY OF SANFORD LOCAL SPONSOR: We hereby certify that construction plans and specifications to be used in conjunction with the above referenced project are on file and that they meet all applicable Federal, State, and local codes and current engineering practies; that health, safety, durability, and economy received consideration consistent with the scope and objectives of the project; that handicapped facilities are included in the design; that the proposed development is suitable for the environment and will not harm the aesthetic value of the area; that provisions have been made to insure adequate supervision by competent personnel and that construction for which financial assistance is provided has not commenced. .--/<4 ~~C<-~ ~jc:gf~Erfg:l' er C/ James R. Jernigan - Director, Recreation & ~ . Parks Chief E~ / Mack ;:n~_! / " (~~ lilCIL (L-< > Liaison Officer W.E.Knowles, City Manager ,;///gO Date 8/1/<50 Date rj0~ Date -:; RESOLUTION NO. 1280 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A FLORIDA RFCREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT AND THE EXECUTION OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF NATURAL RESOURCES, DIVISION OF RECREATION AND PARKS, REGARDING THE development OF Starke Memorial Park BE IT RESOLVED by the City of Sanford Florida, that the City of Sanford accepts the Florida Recreation Development Assistance Program grant from the Florida Department of Natural Resources, Division of Recreation and Parks, in the amount of $ 50,000.00 and authorizes the City Manager to excute all appropriate documents and serve as representative for the City of Sanford in the acceptance and administration of the grant. BE IT FURTHER RESOLVED that this resolution become effective immediately upon adoption. ADOPTED this 28th Sanford the members of the City Commission vot ing as Yea: Stenstrom, Farr, ~ith and Morris. V Yes day of July , 1980 with follows: Naye: none No ~t~~ Attest ,~d~lf:; C-? - CITY LERK - ....-l '" '" N M ....:l ~ .. 'iJ 1-1 o 4-l c:: ctl en .. 00 '" '" ....-l This Instrument Prepared By: J. Pierce, Att .ney, Dept of Natural Resources, Crown Building, 202 Blount St., Tallahassee, FL 32301 STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Florida Recreation Development Assistance Program Development Agreement This agreement made and entered into by and between the State of Florida Department of Natural Resources hereinafter called DEPARTMENT and hereinafter the City of Sanford called City :.'"") '.'-, ) -r::'j ,......, ......, r~-:) in furtherance of an approved recreational-- f'V -:-;.':' CD program involving the parties hereto in pursuance of which the i'-.......) '. ~ parties hereto agree as follows: 1"1 ~+;.I , , 1. This agreement shall be performed pursuant to ,:;) Section 375.021(3), Florida Statutes and Chapter l6D-5.02, Florida--.. Administrative Code and with the program criteria prescribed by the Executive Board of the Department of Natural Resources under date of October 15, 1972. In the event a dispute should arise between the parties concerning ~~e intent of the language herein ~ o contained, the same shall be resolved by the adoption of that I=Q . o t=l-I .. ~ $-I (l) ....-l U >.. +J ..-1 U meaning which furthers the intent and purpose of said actions of the Florida Legislature and the Executive Board of the Department of Natural Resources. No construction shall be contrary to the program criteria or the agreements contained herein. It is the intention of the parties hereto that none of the provisions of Section 163.01, Florida Statutes, shall have application to this ~ agreement. c:: $-I 2. The DEPARTMENT has found that recreation is the ;:l +J ~ primary purpose of the project known as Starke Memorial Park (Florida Recreation Development Assistance Program Project Number 6-45-4 City ), and enters into this agreement with the for construction of recreational facilities on real property, the title to which is in the name or the City the legal description of which is set forth in full in Exhibit nAil attached hereto and made a part herecf. 3. The City will construct, or cause to Page 1 of 5 DNR 42-004 Revised 8/1/79 be constructed, certain recreational facilities upon such real property described in Exhibit "A", which facilities shall be designed and constructed in accordance with the project elements described herein substantially in accordance with conceptual project plans as shown and described in Exhibit "B" attached. The following shall be considered the project elements: Paved parking, picnic facilities, trails and related site improvements. 4 . The City agrees to operate and maintain Starke Memorial Park , once developed pursuant to paragraph 3 and will pay all such expenses as a City expense. The City convenants that it has full legal authority and financial ability to so operate and maintain said park site. 5. The DEPARTMENT agrees ~o hold in account and trans- fer to the City such Florida Recreation Development Assistance Program monies, not to exceed $ 50,000 , and will pay said program's share of the cost of the project. Any portion of these funds may be released in installments, at the discretion of the DEP~~TMENT, upon the request of the City Commissioners or the City's duly authorized agent, whose name and title shall be submitted to the DEPARTMENT prior to corr~encement of the project. Such requests shall be limited to Three in number and each request shall include all documentation required by the DEPARTMENT. The DEPARTMENT shall be notified forthwith of any change in the person or authority of the Page 2 of 5 DNR 42-004 Revised 8/1/79 r-....> OJ (.f) C) rT1 c..o 8= 3: ..... ..., 2 r-....> ..., c::; 0 >= r- i'TJ r- ::0 (") ,..., 0 c-:> = = "TI 0") 'rJ r:=J r- -.-..Cor.) ('..,,) ') il ('..,,) designated agent. 6. The City agrees to contribute the sum of $ N/A to be expended for the development of recreational facilities pursuant to paragraph 3, such funds in the form of N/A contributions. The N/A further agrees to submit, at the discretion of the DEPARTMENT any and all accounting records pertaining to said N/A contributions. 7 . The City agrees to develop subject property in the manner described in this agreement on or before October 15. 1982 Failure by the City to complete development of subject property by the aforementioned date shall be cause for the DEPARTMENT to demand refund of any contribution made from the Florida Recreation Development Assistance Program toward the development of Starke Memorial Park City , through its dully authorize~ l'.) ~ c.o l'.) reports 0 r rn ("') of this 0 ." O? r r-...:> CD co <::) ~= ~''''''''' ...., c=:; );: r- := rrr c-.> = = = en 8 . The agent, shall submit to the DEPARTMENT project status every sixty (60) days from the date of the execution agreement until the project development is completed. 9. The City agrees to dedicate the land described in Exhibit "A" and by its acceptance of the provisions of this agreement does hereby dedicate the land described in Exhibit "A" to the public in perpetuity as a recreation area available to the general public for recreational purposes only. The City further agrees that the execution of this agreement by the Executive Director of the Department of Natural Resources shall constitute an acceptance of the dedication on behalf of the general public of the state. Thereafter, should the City for any reason convert all or any portion of the property described in Exhibit "A" to other than recreational purposes, the City agrees to provide at its sole expense without further contribution from the Florida Recreation Develop- ment Assistance Program a replacement project of comparable quality and size to that which was converted to other purposes, which replacement shall be in close proximity to the project and Page 3 of 5 DNR 42-004 Revised 8/1/79 , , meet with the approval of the DEPARTMENT. In lieu of such replacement, the City shall return to the DEPARTMENT the entire contribution from the Florida Recreation Development Assistance Program. 10. Should the City elect to implement a user fee system for Starke Memorial Park or for any recreational facility within the boundaries or the project, the City shall impose such fees uniformly upon all users without regard to age, sex, race, other condition, or the political subdivision in which the user may reside. II. The DEPARTMENT shall have the rights, through its inspect the site of the project and the facilities thereon. to~ 3: Z InF fTl n a'S> ~ 0") I'.) f'..) CD f'..) to o 0= ....., ""'Tt ..., c=; :> r- ::0 ....., c-.> = ::0 '"";:J= .:~...~ -:J ,:j agents, servants, and employees designated for that purpose, addition to the project inspections, which shall be conducted any reasonable time, the DEPARTMENT shall have access to all ....,"::- financial records relating to the project and the right to audit such records at any reasonable time which right shall be continuous until such audit is completed without unreasonable interference with the operation of any or the facilities thereon. 12. The City and the DEPARTMENT mutually agree to the following special terms and conditions incorporated as a part of this agreement: The City shall provide the Department with annual attendance reports after the Starke Memorial Park is opened for use by the general public. Said attendance reports shall include a period of one year beginning on July 1, and ending on June 30. IN WITNESS WHEREOF, the parties hereto have caused Page 4 of 5 DNR 42-004 Revised 8/1/79 ~ C Q) ooE c ::s o.g ~"C - III 00 ,- c..c: .- .... +-' ;:: C 3 .- -+-~ o 0 +-' >,0 +-' CU -= .... .- III J:l .- - +-' DDCU Q) III ...JC ::s 000 ~ .5 w.... ~.2 Co the s P pre ::.; c' ! I l s c 0 11 e ex (:: c ~~ t ,j d by t 11 e lawfully authorized. STATE OF E L.ORID.~ DEPARTMENT OF NATURAL RESOURCES ..... o ApprG\/~\4 By: ." Dr. ~ 1. . ,)I1 '.J.., G issendanne 1:" Execu t.l \12 ~t.r~ctor .:3 ~~0nt for~chis PU~D, ose , . .., . ,,'~. j . , . . '.IT' .,..,.,'. otte~":'lc.jt!J~ ~ ~1 /!L2iQ Sfiective Jate: r" APPROVED AS TO FORM AND LEGALITY .~ D, ~ ',0' i \' \ ~, ~o Al;ORNE'! .o.Ji,B. ,~ .....; . '. ....~ ~ .~ ,,': ," .( -I.. .... r-.... 01[J.~ers or agents thero:>unto ~ ~ l'i~le '~ ~ ... -- '- .- Attest~~o?If u::- C TY CLERK en m 3:: Z <::> r- m " ~ .." 1- r-.v c.o r-.v l:I:I <::> 8= ,"...., :!:! c-:> :;: r- :::>:> ,-., c-:> = = ,j c:1 '"",Co':;) ;-) ., cr:> N en ::l:1li = 0 c:-, ,....., en c..n N W &' W t -.J ~ 00 f') '. -u ::J: ->>::-.. f.f' - to , c:::o ..'~ c:::::::l Page 5 of 5 Page Contract between DNR & City of Sanford RE: Starke Memorial Park P:L~,;e :)) f - D:';ll):";-I)U.i :ll~\'i.-,<::'d ,S'l'l~) .. . .. Notice of Limitation of Use The property identified in the attached grant agreement and project boundary map has been acquired or developed with state financial assistance provided by the Florida Department of Natural Resources through the Florida Recreation Assistance Program. This property may not be converted to other than public outdoor recreation uses (whether by transfer, sale, or in any other manner) without the express written approval of the Executive Director of the Department of Natural Resources. The Executive Director shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outgoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. EXHIBIT "A" Block 6, Tier 19, and Blck 6 Tier 20, St. Gertrudes Addition, Florida Land and Colonization Company. Plat Book 1/117, Public Records of Seminole County. to en l'.) 0 ~ c:.o ~~ ::!:! -,.... l'.) S2 0 ::to- r- r- m ;:a " ,...., 0 c-:> = = .." OJ ' t=:1 r- en l"'-..) " en , : Q rn (/J j;;(J\ zn C> OJ I "" 1'fl T. m ~ Z . -l I L Ul Q '1' g O. [t\ ;;. I>- Z 1 ~ I: I _" \ ~ '.1\ I .' , I I '~: ,I ., ;, A.~ 1\'1 /\: r_) '.J'6~_ . .'::>/.. 7V ': I ,\ 3~ i!--=- '.. :. ......., I, ~ ~ . ; - ,;~ ~ ~ N;.~ I~l \.J 1,1'1 '\ AJ :~ =f I .. :\J r:> AJ T o FI -< FI r= o ~ ~ FI Z =4 ~ t;; =J FI N \l I C>- Z ~ ....... (~ -J:>.. ;! '0 9 -:.> ell .0 C2- t>L <:=j m rn r; 0") r--..) to C) 0= :x...., ...., C":> >- .- ;:lO ..... C":> = :;:0 .,= "Co':> ., , .1 --....J ~ 7\l fT1 ~ ~. C.. 'i M 1". 'II G 7"- 'J Jj c.,- l!i ~ ~ ~ C'1 -4 :?i r:J :( ~ ~ ,. t> B . 111 l>i lJ\ ~ rn .. STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Florida Recreation Development Assistance Program Development Agreement This agreement made and entered into by and between the State of Florida Department of Natural Resources hereinafter called DEPARTMENT and the City of Sanford hereinafter called City in furtherance of an approved recreational program involving the parties hereto in pursuance of which the parties hereto agree as follows: 1. This agreement shall be performed pursuant to Section 375.021(3), Florida Statutes and Chapter 16D-5.02, Flori~a Administrative Code and with the program criteria prescribed by the Executive Board of the Department of Natural Resources under date of October IS, 1972. In the event a dispute should arise between the parties concerning the intent of the language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of said actions of the Florida Legis':ature 2nd the Executive Board:)f the Department of Natural Resources. No construction shall be contrary to the program criteria or the agreements contained ~erein. It lS the intention of the parties ~ereto that none of the previsions Sectlon 163.01, Florida Statutes, shall have application ~o ,...~...- _..l. ..J..::::; agreement. 2. The DEPARTME~T has found that ~ecreation lS the pr:.rr:ary purpose or the project }~nown as Starke r';cmoriaJ Park (Florida ?ecreatior:. ;)e'le2.oF~en~ .;ssistance Prcg~a.rr. Pr:.ject :J1..:r[1l:;e~ 6-!'S-4 ), and enters int:) this as~ee~ent Nit~ the City : or canst r'lction ':: f recr!?' a t ional facilities on real tre~ertv ... ... .. , the title to Nhich is in the ~ame of the City the legal ~escri~Li:)n 0: Nhich is set - .... :orc..:1 in full In Sx..'1ibit "7l, II r. attached hereto and made a part hereof. City 3. The will construct, or cause to ?':1ge l 0, - ONE ~~-OC~ ?ev13cJ ~q be constructed, certain recreational facilities upon such real property described in Exhibit "A", which facilities shall be designed and constructed in accordance with the project elements described ~erein substantially in accordance with conceptual project plans as shown and desc::-ibed in Exhibit "B" attached. The =0110~in~ shall be considered the project elements: Paved parking, picnic facilities, trails and related site improvements. L The Ci t\' ag::-ees to ope::-ate and . . mal.ntal.:1 Starke Memorial Park , once developed pursuant to paragraph 3 and will pay all such expenses as a City expense. l'he City convenants that it has full legal authority and financial ability to so operate and maintain said oark site. 5. The DEP&~T~NT agrees to hold in account ane trans- fe::- to the City such ?lorida Rec=ea~ion Development Assistance Program monies, not to exceed S 50,000 and will pay said program's share of the cost of t~e project. Any !?or~ion of these z~nds may be =eleased in i:1stall~ents, at the discretl.cn of the DEP~~T~lliNT, ~pcn the =eq~est 0: the Citv Cc~issioners or the Citv's duly authorized agent, ~hose name and title shall be submitted to the DEPART~~~T prior to commencement of the project. Such requests shall be li~ited to Three in nw~e= and each request shall include a:: documentation required by the DEPART!'~NT. The DEPART~ffiNT shall be notified =orthwith of any change in the person or authority of the PaQe 2 of 5 DNR 42-00~ Revised 8/1.79 designated agent. 6. The City agrees to contribute the sum of $ N/A to be expended for the development of recreational facilities pursuant to paragraph 3, such funds In the form of N/A contributions. The N/A fur~her agrees to submit, at the discretion of the DEPARTMENT any and all accounting records pertaining to said N/A contributions. 7. The City agrees to develop subject property in the manner described in this agreement on or before October 15. 1982 Failure by the Citv to complete developmen~ of subject property by the aforementioned date shall be cause for the DEPARTMENT ~o demand ~efund of any contribution made from the =lorida ~ecreation Development Assistance Program toward the development of Starke Memorial Park 3. The Citv , through its dully authorized agent I shall submit to the DE?ART:vlENT proj ect sta1:US renorts every sixty (60) days from the date of the execution of this agreement until the project development is completed. 9. The City agrees to dedicate the land described In Exhibi~ "A" and by :ts acceptance of the provisions of this agreement does hereby dedicate the land ~escribed in Exhibit "A" to W.~e public in perpetuity as a rec~eation area avallable to the general public for recr-eatior.a':' purposes onl:.:. The Citv further agrees that the execution of t~is agreement by the Executive Director of the Department of ~atural Resources shall constitute an acceptance of the dedication on behalf of the gene~al public 0: ~he state. Thereafte~, should .... L-:: e Citv for any reason. convert all or any portion of ~h,::::. _..J. _ ;noperty described in Exhibit ".::;'" to other than .::-ecreational purposes, t:he Citv aarees to provide at its sole expense without further contributio~ from the ?:c~ida ~ecreatio~ Develo~- ment Assistance Program a replacement proJect: of comparable quality and size to that which was converted to other purposes, which replacement 3hall be in clese ?roxirnity to the project and ?ac;e 3 ef 5 DN~ ~2-004 Revised -; I ""7 () meet with the approval of the DEPARTMENT. In lieu of such replacement, the City shall return to the DEPARTMENT the entire contribution from the :lorida Recrea~ion Development Assistance Program. 10. Should the City elect to implement a user fee system for Starke Memorial Park or for any recreational facility within the boundaries of the project, the City shall impose such :ees uniformly upon all users without regard to age, sex, race, other condition, or the political subdivision in which the user may reside. 11. The DEPARTMENT shall have the rights, through l~S agents, servants, and employees designated for that purpose, to inspect the site of the project and the racilitles thereon. I~ addition tc the project lnspectlons, which shall be conducted a~ any reasonable time, the DEPART~~~T shall have access to all financial ~ecords relating to the project and the right to audit such records at any reasonable time which right shall be con~inuous until such audit is completed without unreasonable interference wlth G~e operation of any or the facilities thereon. 12. The City and the DEPART~NT mutually agree to the following special terms and conditions incorporated as a part of this agreement: The City shall provide tile Department with annual attendance reports after the Starke ~1emorial Park is opened for use by the general public. Said attendance reports shall include a period of one year beginning on July], and ending on June 30. IN WITNESS WhEREOF, the parties hereto have caused Page 4 of 5 DNR 42-004 Revised 9/1/79 these presents to be executed by the officers or agents thereunto lawfully authorized. STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Approved By: Dr. Elton J. Gissendanner Executive Director Its Agent for this Purpose ~ {. fit~ Accepte '\ /' By: ~ LGf,.I1 . l {- ~ tJ" II 'L.- Itsftgent for this Purpose Title Attest: Attest: Effective Date: APPROVED AS TO FORM AND \.EGAUTY ~ "r~~- ~ORNE.l. o.Ji08. ~ Page 5 of 5 DNR 32-004 Revised 8/1/79