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
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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
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in furtherance of an approved recreational--
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program involving the parties hereto in pursuance of which the
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parties hereto agree as follows:
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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
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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
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~ 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
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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'.)
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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~
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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
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lawfully authorized.
STATE OF E L.ORID.~
DEPARTMENT OF NATURAL RESOURCES
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By: ."
Dr. ~ 1. . ,)I1 '.J.., G issendanne 1:"
Execu t.l \12 ~t.r~ctor
.:3 ~~0nt for~chis PU~D, ose
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APPROVED AS TO
FORM AND LEGALITY
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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
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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
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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
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Page 5 of 5
DNR 32-004 Revised
8/1/79