Res. No. 194-09-13003RESOLUTION NO.: 194-09-13003
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO THE SAFE NEIGHBORHOOD PARKS BOND
PROGRAM GRANT APPLICATION SUBMITTED FOR THE DISON PARK
INFRASTRUCTURE PROJECT AND AUTHORIZING THE CITY MANAGER TO
COMMIT TO THE REQUIRED MATCH IN THE AMOUNT OF $60,000.00; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami submitted a grant application to the Safe Neighborhood Park
Program for the Dison Park Infrastructure Project; and
WHEREAS, the Safe Neighborhood Parks Program has a required dollar for dollar match
requirement; and
WHEREAS, the City of South Miami has submitted a grant application to the Florida Department
of Environmental Protection for Dison Park Improvements in the amount of $60,000; and
s, WHEREAS, in order to provide the required match for the Safe Neighborhood Parks Program
Grant Application, the City will commit the Florida Department of Environmental Protection Award
amount as a match for the Dison Park Improvements; and
WHEREAS, the South Miami Mayor and City Commission authorize the City Manager to commit
to the match amount of $60,000.00 to the Miami -Dade County Safe Neighborhood Parks Grant Program
assuring the Grant Agency of our availability of matching funds necessary to complete the Dison Park
Infrastructure Project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorize the City Manager to commit to the Safe
Neighborhood Parks Grant match requirement in the amount of $60,000.00 for the Dison Park
Improvements.
Section 2: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this 3rd
ATTEST:
'CfTY CLERK
day of November 2009.
APPROVED:
. 4",
MAYOR
READ AND APPROVED AST F RM: COMMISSION VOTE: 5 -0
ayor Feliu: Yea
\ // itjv ice Mayor Beasley: Yea
/�° �
A� Commissioner Palmer: Yea
CITY ATTORNEY Commissioner Newman: Yea
Commissioner Sellars: Yea
South Miami
AlldunedcaGriY`
CITY OF SOUTH MIAMI , r
INTER- OFFICE MEMORANDUM
snot'
To: The Honorable Mayor & Members of the City Cam ' sion
Via: Roger,M. Carlton, Acting City Manag
From: Carol Aubrun, Grant Writer /Administrator
Cesar Garcia, Parks & Recreation Director 01� ON OWN
Date: November 3, 2009 Agenda Item No.:
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE SAFE NEIGHBORHOOD
PARKS BOND PROGRAM GRANT APPLICATION SUBMITTED FOR THE
DISON PARK INFRASTRUCTURE PROJECT AND AUTHORIZING THE CITY
MANAGER TO COMMIT TO THE REQUIRED MATCH IN THE AMOUNT OF
$60,000.00; AND PROVIDING FOR AN EFFECTIVE DATE.
Request: To commit the required match amount for the grant application submitted to the
Miami -Dade County's Safe Neighborhood Bond Program for the Dison Park
Infrastructure Project.
Background: The City of South Miami submitted grant applications for Park
Improvements through the Miami -Dade County Safe Neighborhood Parks
Bond Program (SNP). The SNP Grant Program requires a dollar for dollar
match for funded projects. The City is being recommended for funding for
the Dison Park Infrastructure Project in the amount of $60,000. SNP is
requesting for proof of the match prior to a contract being issued for
execution, Also, the Safe Neighborhood Park Grant Program requires that
the project be completed prior to December 2010 which is a shorter time
frame than the Florida Recreation Development Assistance Program
(FRDAP) acquisition grant has allowed, in the event that the City does
receive the expected award listed below, the contract agreement will be
brought forward to the City Commission for approval.
The City was awarded grant funding from the Florida Department of
Environmental Protection for the acquisition of the Dison Park Property.
Park development was one of the conditions for award. The City is
required to develop the park facility by April 30, 2012 under this
acquisition grant. This grant will help us fulfill our commitment; please see
attached letter from Florida Department of Environment Protection dated
June 10, 2009, We have already submitted a proposal for funding from
the Florida Department of Environmental Protection Agency to match this
project — see attached letter of receipt. The City's risk is we do not receive
the FRDAP development grant to match the $60,000 from SNP. if this
occurs, we will have to find the match from City dollars or an alternate
grant source.
Cost: 1:1 match requirement. ($60K from SNP + $60K Match- pending = $120K)
Project Summary:
A. Resolution # 202 -07 -12587 was passed on December 7, 2007 to purchase
Dison Property for use as a municipal park. — See attached.
B. On January 4, 2008 the Trust for Public Land executed the Lease Purchase
Agreement. — See attached.
C. On June 6, 2009 the purchase was made final when we received the funds
from the State of Florida, Division of Recreation of Recreation and Parks in
the amount of $200,000 electronically.
D. On June 10'h, 2009 we received correspondence detailing the necessary
minimum guideline requirements set by the Florida Department of
Environmental Protection for the infrastructure of Dison Park with the
deadline of April 30, 2012,
E. On September 3rtl, the Parks & Recreation Board approved the FRDAP grant
proposal with the required infrastructure from the Florida Department of
Environmental Protection.
F. On September 30, 2009 we received correspondence from the Florida
Department of Environmental Protection acknowledging the receipt of our
grant application for financial assistance under the Florida Recreation
Development Assistance Program ( FRDAP). If chosen for this matching
grant of $60,000, we will not receive word until July 1, 2010 after the
Governor signs the state budget.
Backup Documentation:
❑ (A) Proposed Resolution
❑ (B) SNP Application Resolutions 124 -09 -12933 & 125 -09 -12934
❑ (C) SNP Ordinance
❑ (D) SNP Administrative Rules
❑ (E) SNP Application
11, (F) FRDAP Application Receipt Letter
❑ (G) FRDAP Required Improvement Letter
❑ (H) Finalization of Payment for Dison Park from State of Florida
Division of Recreation and Parks
❑ (I)Resolution # 202 -07 -12587 Authorizing purchase of Dison Park.
❑ (J)Lease Purchase Agreement of Dison Park.
Page 2 of 2
RESOLUTION NO.: 125 -09 -12934
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, DIRECTING THE CITY MANAGER TO OBTAIN APPROVAL FROM THE CITY
COMMISSION PRIOR TO EXECUTING ANY AGREEMENT OF GRANT FUNDS FOR MIAMI -DADE
COUNTY'S SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR PARK IMPROVEMENTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the citizens of Miami -Dade County have authorized the issuance of general
obligation bond (the "Bonds ") for the purpose of financing capital improvement programs for certain parks
beaches natural areas and recreation facilities through the Safe Neighborhood Parks Ordinance No. 96-
115; and
WHEREAS, the Miami -Dade County's Safe Neighborhood Bond Program application
requires that the applicant submit a resolution authorizing that the applicant has the requisite
authority to execute the grant agreement; and
WHEREAS, in order to meet the application criteria the commission has approved a
resolution that meets the Miami -Dade County's Safe Neighborhood Bond Program eligibility
criteria; and
WHEREAS, notwithstanding the City Commission directs the City Manager to bring the
grant agreement back to the City Commission prior to executing the agreement; and
NOW,'ITBEREFORE, BE IT RESOLVED BY TIME MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTI -I MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission direct the City Manager to obtain approval from the
City Commission on any agreement for grant funds for Miami -Dade County's Safe Neighborhood Bond
Program for park improvements prior to the execution of the agreement should the City of South Miami
be awarded any grant funds.
Section 2: The City of South Miami recognizes and directs that any beach, park, or other public
facility acquired, developed, rehabilitated, or restored with bond funds shall be open and accessible to
the public without discrimination of race, color, gender, religion, belief, residence, natural origin, marital
status, or disability.
Section 3• That the South Miami Park Entrance Feature be removed from the application.
PASSED AND ADOPTED this 28th day of Juiv, 2009.
ATTEST:
- c �.a
Y CLERK
READ AND APPROVED TO FORM:
CIT r +Y
COMMISSION VOTE:
4 -0
Mayor.Feliu:
Absent
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
RESOLUTION NO.: 124 -09 -12933
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT
APPLICATION FOR MIAMI -DADE COUNTY'S SAFE NEIGHBORHOOD BOND PROGRAM
FOR PARK IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the citizens of Miami -Dade County have authorized the issuance of general
obligation bond (the "Bonds ") for the purpose of financing capital improvement programs for certain parks
beaches natural areas and recreation facilities; and°
WHEREAS, to implement and give effect to the bond program, Miami -Dade County, Florida
enacted Ordinance No. 96 -115, the Safe Neighborhood Parks Ordinance (the "Ordinance "); and
WHEREAS, it is necessary and desirable to improve the quality of life, to benefit property values,
to, promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the
recreation facilities for youth, adult, and senior citizens in this community through the improvement of our
parks and natural areas; and
WHEREAS, in order to foster those important values, the projects more specifically listed below
have been identified for reimbursement pursuant to the terms of the Ordinance; and
WHEREAS, pursuant to the terms of the Ordinance, the passage of this resolution and the acts
contemplated by this resolution are conditions to obtaining a grant; and
WHEREAS, the South Miami Mayor and City Commission wish to submit a grant application for
park improvements subject to all terms and conditions of the Ordinance; and
WHEREAS, the South Miami Mayor and City Commission authorize the City Manager to submit
the grant application for Miami -Dade County's Safe Neighborhood Parks Bond Program for park
improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorize the City Manager to submit a grant
application for a grant application for the projects and the amounts listed below, and in connection with
such application to execute such grant agreement and other.contracts and documents, to expend Safe
Neighborhood Parks' bond funds received for the purposes described in the funding request, to execute
any necessary amendments to the grant application, and take such other acts as may be necessary to
bind the City of South Miami and accomplish the intent of this resolution. Application shall be made with
respect to each of the following projects: a) Murray Park Pooh, b) Dison Park Improvements; and c) South
Miami Park Entrance Features Phase I.
Section 2: The City of South Miami shall complete each of the Projects in accordance with the
terns of the grant agreement, the Ordinance, and the administrative rules authorized by the Citizen's
Oversight Committee (the "Committee ") to implement the Ordinance. If the cost of a Project exceeds the
value allocated in the grant, then the City of South Miami will provide any supplemental funds required to
complete the project. In the event that supplemental funds are necessary for the completion of the
Project, as of the point in time that supplemental funds are needed, the City of South Miami will
demonstrate that such supplemental funds have been committed to the Project prior to and as a
condition of disbursement or further disbursement of grant funds. The requirement for the City of South
Pg. 2 of Res. No. 124 -09 -12933
Miami to provide any supplemental funds required to complete the Project may, at the sole discretion of
the Committee, be modified in whole or in part by a reduction in scope of work consistent with the
Ordinance.
Section 3: The City of South Miami recognizes and directs that any beach, park, or other public
facility acquired developed, rehabilitated or restored with bond funds, including the Projects, shall be
open and accessible to the public without discrimination of race, color, gender, religion, belief, residence,
natural origin, marital status or disability.
Section 4: To the extent allowed by law, the City of South Miami shall commit any and all funds
which may be required to operate, maintain and provide programming at each park project upon its.
completion.
Section 5: The grant shall not be used in substitution of other capital project funding.
Section 6: That the South Miami Park Entrance Feature be removed from the application.
Section 7: The Mayor and City Commission authorize the City Manager to submit a grant
application to Miami -Dade County's Safe Neighborhood Parks for Park Improvements.
Section 8: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this 2e day of July. 2009.
EST:
ITY CLERK
READ AND APPROVED To FORM:
COMMISSION VOTE:
4 -0
Mayor Feliu:
Absent
Vice Mayor Beasley:
Yea
Commissioner Palmer.
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
ARTICLE 111. SAFE NEIGHBOR1400D PARKS ORDINANCE* Page 1 of 10
ARTICLE Ill. SAFE NEIGHBORHOOD PARKS ORDINANCE*
`Cross references: General obligation bonds, ch. 16.
See. 2513-20. Findings.
The Board finds that:
(a) The purposes described in the Whereas clauses are incorporated in the body of this
article by reference. This article shall hereafter be known as the "Safe Neighborhood
Parks Ordinance" and referred to herein as the "article ".
(b) It is critical that neighborhood and regional parks are restored and improved
throughout the County to improve the overall quality of life of our communities, provide
safe places for children to play and alternatives to gangs and gang activities, increase
recreation opportunities for senior citizens, and provide pleasant places for all residents
to enjoy relief from congestion and urban stress.
(c) The improvement, restoration, expansion, and enhanced safety of park, open space
and recreation lands and facilities will help reduce crime, increase the attractiveness of
the County as a place in which to live and locate businesses, maintain sound economic
conditions and a high standard of livability in the County by increasing property values,
economic activity, employment opportunities and tourism throughout the County.
(d) The protection of beach, park, recreation and natural areas is vital to the quality of
fife In the County, providing important recreation opportunities to all residents of the
County, especially children and senior citizens, and helping to protect air and water
quality.
(e) The Board finds that the distribution of the funds for qualified projects must be done
in a fair and organized manner.
(Ord. No. 96 -115, § 1, 7- 16 -96)
See. 2613-21. Definition.
As used in this article, the following terms mean:
Administrative expenses means all direct expenses incurred in administering the development
and completion of any of the projects authorized and approved under the terms of this article.
Administrative costs shall not include those administrative expenses Incurred in the everyday operation
of any not - for -profit organization and public agency, which administer a project funded pursuant to this
article.
Beaches means beaches open to use by all of the residents of the County.
Genera/ fund means those funds raised, primarily through ad valorem taxes, fees and transfers,
that are used to account for the general operations of the County or municipal governments and all
transactions which are not accounted for in other funds or account groups.
Natural area means an environmentally sensitive area usually containing a natural forest
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ARTICLE III. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 2 of 10
community, freshwater or coastal wetland and managed to maintain and enhance biological
values.
Nat -for- -profit organization means any legally incorporated not - for - profit organization created
under the laws of the State of Florida (the "State ") and designated as a tax exempt entity by the United .
States Internal Revenue Service, which has among its purposes the provision of park and recreation
services, gang prevention and intervention, tree - planting, or the conservation and preservation of lands
for park, natural areas, scenic, historic, or open spaces.
Parks mean those areas of public land set aside for aesthetic, educational, recreational, or
cultural use by the citizens of the County.
Park and recreationn department means the Miami -Dade County Park and Recreation
Department.
Public agency or public agencies means an agency or agencies or administrative division or
divisions of the United States government, the State of Florida, the County, or any municipality within
the County.
Recreation and heritage facilities mean those facilities that are managed by a public agency or
agencies that focus their programming on cultural, historical, educational and recreational activities.
State park means a park owned or operated by the Florida Department of Environmental
Protection, Division of Recreation and Parks.
Trust account means the separate interest bearing account into which proceeds of the bond
program, as outlined in this article, shall be deposited.
UMSA means Unincorporated. Municipal Service area of the County, for which the County
provides municipal services.
(Ord: No. 96 -115, § 2, 7- 16 -96)
See. 258 -22. Bonds.
In accordance with the provisions of the Miami -Dade County Home Rule Charter and the
general laws of the State of Florida, including Chapters 125, 159, and 166, Florida Statutes, there is
authorized to be issued, subject to the approval of the electorate pursuant to the Special Election,
general obligation bonds of the County, in one (1) or more series, in an aggregate principal amount not
to exceed two hundred million dollars ($200,000,000.00) outstanding at any one (1) time (the "bonds').
This article also authorizes the issuance of other evidences of indebtedness in the form of anticipation
notes or bonds in anticipation of the issuance of the bonds. The bonds shall be payable from unlimited
ad valorem taxes levied on all taxable property in Hie County without limit as to rate or amount, the full
faith and credit of the County being pledged to the payment of principal of, redemption premium, if any,
and interest on the bonds. The bonds shall bear interest at such rate or rates, not exceeding the
maximum rate of interest permitted by law at the time of their sale, shall be stated to mature on a date
or dates not exceeding forty (40) years from the date of issue, shall be subject to redemption and shall
have such other terms, covenants and provisions as shall be determined by the Board by one (1) or
more subsequent ordinances or resolutions. The purpose of the bonds shall be (i) to pay the costs of
issuance of bonds, (ii) to pay eligible administrative costs, and (iii) to finance the acquisition of and
capital improvements to parks, beaches, natural areas and recreational and heritage facilities, in the
manner set forth in this article, in amounts not to exceed the following:
(a) Municipal per capita allocation and direct grants for specific projects, One hundred
seven million nine hundred and fifty thousand dollars ($107,950,000.00) for grants to
public agencies and not - for - profit organizations for the development, improvement,
rehabilitation, restoration or acquisition of real property for parks and park safety, youth,
adult and senior citizens' recreation facilities, beaches, greenways, trails, and natural
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AR'T'ICLE III. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 3 of I0
areas in accordance with the following schedule:
(1) Nineteen million nine hundred fifty thousand dollars ($19,950,000.00) for
grants to all incorporated municipalities and UMSA.(Unincorporated Municipal
Service Area) within the County, in accordance to the following schedule:
(1) Nine million seven hundred thousand dollars ($9,700,000.00) to
divide on a per capita basis among the municipalities duly incorporated
on the effective date of this article.
(ii) Ten million two hundred fifty thousand dollars ($10,250,000.00) to
UMSA as its municipal share.
(2) Direct grants for specific projects: Eighty -eight million three hundred and fifty
thousand dollars ($88,350,000.00) for direct grants to municipalities and UMSA,
in accordance with the schedule attached as Exhibit "A" [which can be found in
the County Clerk's office attached to Ordinance No. 96 -115] and incorporated in
this article by reference. Any project changes in UMSA from the schedule
attached as Exhibit "A" shall require approval by a unanimous vote of the County
Commissioners present at the time the Board considers any such project
changes.
(b) Grants for'speciflc regional projects: Seventy -six million seven hundred thousand
dollars ($76,700,000.00) to the County Park and Recreation Department for the
development, improvement, restoration, rehabilitation or acquisition of real property for
Regional Parks, Beaches and Biscayne Bay access, specific regional projects, Heritage
Facilities, Natural Area Preserves and greenways and traits, in accordance with the
schedule described in Exhibit "B" [which can be found in the County Clerk's office
attached to Ordinance No. 96 -115]. Any project changes in UMSA from the schedule
attached as Exhibit "B" shall require approval by a unanimous vote of the County
Commissioners present at the time the Board considers any such project changes.
(c) Challenge grants: Fifteen million ($15,000,000.00) for challenge grants to public
agencies and not - for -profit organizations in accordance with the following schedule:
(1) Seven million dollars ($7,000,000.00) for challenge grants to public agencies
and not- for -profit organizations for land acquisition, construction and
development of youth recreation and service facilities.
(2) Eight million dollars ($8,000,000.00) for challenge grants to public agencies
and not - far -profit organizations for natural areas, recreation and open space land
acquisition and development.
(Ord.
53, § 1, 12-3-02; O d; No. 03 -138, § 1, 6 3 -03; Ord. No. 03-1 9, § 1, 6-3-03; Ord No. 05 -18, §. 1, 1 02-
27-05)
Sec. 2513-23. Administration.
(a) The Citizens' Oversight Committee. A Citizens' Oversight Committee ( "Committee ") will be
formed to oversee the disbursement of the proceeds from the sale of the bonds. The Committee
will have thirteen (13) members; one (1) residing in each of Miami -Dade County's thirteen (13)
commission districts. Members of the Committee shall be residents of Miami -Dade County who
possess outstanding. reputations for civic pride, integrity, responsibility and business. or
professional ability and experience or interest in the fields of recreation, conservation of natural
resources or land use planning. The Committee, as defined below, will be comprised of
members who are representative of the geographic, ethnlo,:racial and gender make -up of the
County.
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ARTICLE TIT. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 4 of 10
(1) Selection. Each member of the Board of County Commissioners shall appoint one
representative to the Committee. Each representative shall reside in the appointing
commissioner's district.
(2) Term. The Committee members shall serve two -year terms, and may be
reappointed. The terms shall be staggered, with the representatives of the evenly -
numbered districts scheduled for replacement or reappointment after the first year.
Members of the-Committee shall not be compensated for their services. Notwithstanding
Section 2- 11.38.2, Committee members may be reappointed for more than eight (8)
consecutive years without a two -year hiatus.
(3) Powers and duties. The Committee shall have the following powers and duties:
(I) To oversee the deposit and disbursement of the bond proceeds in
accordance with the terms of this article;
(ii) To issue solicitations for all grants, to evaluate, disqualify, and rank
challenge grant proposals, and to recommend the award of grants in accordance
with the terms of this article;
(iii) To identify funding to reimburse the County for the reasonable costs of
providing staff to the Committee, in the process of the oversight and grant
management of this article, which funding may Include amounts available under
this Bond program if the costs of staffing are related to individual projects
authorized by this article;
(iv) To promulgate rules consistent with this article for the conduct. of its
meetings and the discharge of its responsibilities;
(v) To perform such other functions as are set forth for the Committee in this
article.
(4) Deposit of bond proceeds. All proceeds of the sale of the bonds shall be delivered
to the Director of the Finance Department of Miami -Dade County who shall deposit
those proceeds in the Trust Account, not to be commingled with other funds of the
County, to be disbursed solely for the purposes set forth in this article. Miami -Dade
County, itself or through independent auditors, shall have the right at all times to audit
the books and records of the Committee.
(5) Staff. The County Manager and the County Attorney shall provide to the Committee
adequate staff and support services to enable the Committee to carry out its duties and
responsibilities.
(Ord. No. 96 -115, § 4, 7- 16 -96; Ord. No. 06 -70, § 1, 5 -9 -06; Ord. No. 09-09, § 1, 1- 22 -09)
See. 25B -24. Grant proposals.
(a) Any adjustments to the amount available from the bond proceeds which are required to be
made to satisfy the costs of providing staff or other services to administer the bonds .shall be
made to the amounts available under this bond program, not to exceed one (1) percent.
(b) The following provisions of this Section 258 -24(b) shall apply to all grants to be awarded
pursuant to this article:
(1) Individual applications for grants or per capita allocations pursuant to Section 258-
22 shall be submitted to the Committee for approval as to conformity with the
requirements of this article and for Committee review and recommendation. The
application shall be accompanied by an authorizing resolution from the governing body
of the applicant public agency that the project (or projects) for which the grant or
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ARTICLE III. SAFE NEIGHBORHOOD PARKS ORDINANCE" Page 5 of 10
allocation is sought is an important park and recreation project (or projects) which will
benefit all residents of Miami -Dade County and that operating, management and
programming funds are included in budget.
(2) Not more than seventeen (17) percent of monies awarded under any grant may be
utilized for project planning, design and administration.
(3) The interest earned on proceeds of the bonds which have been sold but not
allocated shall be used for acquisition of park, open space and natural areas to meet the
future needs of the growing population of Miami -Dade County. Requests for use of these
interest funds may be made to the Committee by. public agencies and not -for -profit
organizations, with all title vesting in a public agency.
(4) After approval of this article'by special election, administrative rules governing the
implementation of the Ordinance shall be prepared by the County Manager. Such rules
shall include a timeline for the grant programs identified in Section 25B -22 of this article,
criteria and procedures for evaluating such grants, notification of affected public
agencies and not - far -profit organizations of the proposed criteria and procedures and of
the dates of public workshops to be held throughout the County for the 'purpose of
receiving public input on the proposed criteria and procedures. After at least one (1)
public workshop for each of the 'grant programs referenced in Section 2513-22, the
Committee shall adopt final criteria and procedures for evaluating grants for each
program, and shall notify affected public agencies and not- for - profit organizations as to
the application timeline, criteria and procedures for evaluating challenge grants for each
program. Grants shall be awarded by the Board of County Commissioners upon
recommendation of the Committee in accordance with this article and the rules adopted
in accordance with this provision.
(6) A public agency may enter into an agreement with one (1) or more not- for - profit
organizations for the purpose of carrying out a grant pursuant to this article, subject to
the requirements of Section 2513-28.
(6) Each, public ,agency shall make every effort to employ local residents, and
particularly youth, from the area in which proposed projects are located.
(7) Each public agency shall make every effort to work with-not-for-profit organizations
with a demonstrated history of youth employment and training, gang prevention and
intervention, and environmental preservation and land conservation.
(8) Funds that are granted pursuant to Section 2513-22 for the purposes of
development, improvement, rehabilitation or restoration shall be expended for these
purposes only on )ands owned or leased by a public agency. Funds may also be utilized
for projects on lands for which the public agency holds a lease or other use agreement
for an unexpired minimum term of twenty -five (25) years.
(9) in projects where funds are allocated pursuant to Section 2513-22 for park and
facility development, every effort shall be made to use non - invasive, drought - resistant, or
xeriscape landscape material, water - conserving irrigation systems and energy - efficient
fixtures, except when such use can be shown to be unfeasible. When projects involve
the rehabilitation of existing irrigation systems or the creation of new irrigation systems,
reclaimed water should be used whenever possible and priority shall be given to
development of reclaimed water irrigation systems.
(10) The minimum amount that an applicant may request for any individual project is
ten thousand dollars ($10,000.00). Any agency may allocate all or a portion of its per
capita share to a regional or state project or another neighboring city, and all agencies,
shall be encouraged to form partnerships to leverage other available funds with the
Miami -Dade County School Board, other public agencies, and not- for - profit
organizations for park and recreation purposes.
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ARTICLE 111. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 6 of 10
(11) Funds made available for approved projects from grants shall be expended or
encumbered by the recipient within three (3) years of the date when such funds are first
made available unless an extension is authorized pursuant to the express terms of this
article. Any such grant funds that are not expended or encumbered by the recipient
within such period, shall be made available for award for one (1) or more of the classes
of expenditures specified in Section 258 -22 that the Committee deems to be of the
highest priority.
1. Upon deposit into the Trust Account, the original recipient of the ends shall
have no further claim to the funds.
ii. Trust Account funds shall be made available pursuant to the programs
outlined in Section 258 -22, and shall be prioritized for heavily used parks and
recreation facilities in underserved areas of the County or municipalities. When
funds are to be used for the acquisition of property, priority shall be given to
acquiring land for park, recreation or natural areas purposes in densely
populated, underserved areas with documented deficiencies in park, recreation
or open space opportunities.
(12) The scope of each per capita project, shall remain as defined in the application for
bond funds and this article. if there are required modifications to the scope of the speck
project, the recipient may alter the scope of the speck project, as defined by the
administrative rules. The modifications shall be subject to approval by the Committee.
The full amount allocated for a specific project as detailed within the application and this
article shall be used for the designated project and not transferred to another project.
(13) if bond proceeds have not been expended or encumbered within the periods
allowed, the recipient agencies may submit to the Committee for review and approval in
its discretion a plan for expenditure or encumbrance of the funds in accordance with the
purposes of this article within the municipality or area of the County in which the funds
were originally authorized to be expended.
(c) Challenge grants. In addition to those provisions contained in Section 258 -24(b) above,
the following provisions shall apply to challenge grants to be awarded pursuant to Section 258 -
22(c) of this article.
(1) The funds authorized in Section 258 -22(c) shall be available as grants on a
challenge basis to public agencies and not - for -profit organizations.
(2) An extension not to exceed two (2) years beyond the three -year time limit for
expenditure or encumbrance of grant funds may be authorized by the Committee for
reasonable cause.
(3) These grants shall be limited for acquisition of lands for public use, and
improvements or development to publicly owned lands and facilities.
(4) Pursuant to Section 258- 22(c)(1), an amount not to exceed seven million dollars
($7,000,000.00), shall be dedicated to park, recreation and open space acquisition and
development in areas which:. (1) are identified as economically and /or socially
disadvantaged consistent with Federal guidelines, where at least fifty -one (51) percent of
residents live at or below 80 percent'of the County's median income, and (ii) which
possess a documented deficiency in recreation and open space opportunities defined as
the difference between area supply and area demand for facilities, programs and
services.
(5) in the evaluation of grant applications pursuant to Section 258- 22(c)(1), priority shall
be given first to correct vestiges of past discrimination and second to those which meet
one (1) or more of the following criteria: (I) joint application.by a public agency and a not -
for -profit organization whose primary focus is working with youth; (ti) application by a
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not - for - profit organization with a demonstrated history of gang intervention, gang
prevention, ability to work with at -risk youth, and prior experienoe in such activities
through grants from public agencies; (iii) application by not - for - profit organization which
agrees to and can demonstrate the ability to operate and maintain the facility to be
constructed or developed on a long -term basis; (iv) application by a not - for -profit
organization with experience in park and open space acquisition and preservation.
(d) Grants for specific county and municipal projects. In addition to those provisions contained
in Section 258 -24(b) above, the following provisions shall apply to the grants for specific County
and municipal projects to be awarded pursuant to Sections 258- 22(a)(2) and (b) of this article.
(1j These grants snail be limited for acquisition of lands for public use, and
improvements or development to publicly owned lands and facilities for the purposes set
forth in Sections 258- 22(a)(2) and (b) of this article.
(2) An extension not to exceed two (2) years beyond the three -year time limit for
expenditure or encumbrance of grant funds may be authorized by the Committee for
reasonable cause.
(Ord. No. 96 -115, § 5, 7- 16 -96)
Sec. 2513-25. Disbursement of funds.
(a) No funds authorized under Section 25B -22 may be disbursed to any recipient unless the
recipient agrees:
(1) That grants for all programs in Section 258 -22 shall be made available at least once
every twelve (12) months with public notice from the County.
(2) To maintain and operate in perpetuity the property acquired, developed, improved,
rehabilitated or restored with the funds, except where leases are in effect. The recipient
or its successors in interest in the property may transfer the responsibility to maintain
and operate the property to another public agency or another not - for -profit organization
in accordance with this section. The recipient agency must provide adequate
programming for any new facilities constructed with proceeds of the bonds.
(3) To use the property only for the purposes of this article and to make no other use,
sale, or disposition of the property, except as provided in subdivision (b) of this section.
(4) Any beach, park or other public facility acquired, developed, rehabilitated or
restored with funds from this act shall be open and accessible to the public without
discrimination as to race, color, gender; age, religious belief, residence, national origin,
marital status, or disability.
(5) In order to maintain the exclusion from gross income for federal income tax
purposes of the interest on any bonds, notes or other evidences of indebtedness issued
for purposes of this article, each recipient of funds pursuant to this article covenants to
comply with each applicable requirement of Section 103 and Sections 141 through 150
of the Internal Revenue Code of 1986, as amended. Each recipient of funds shall agree
in writing to the conditions specified in paragraphs (2), (3), and (4) of this section.
The conditions specified in paragraphs (2), (3), (4) and (5) of this section shall not prevent the transfer
of property acquired, developed, improved, rehabilitated or restored with funds authorized pursuant to
Section 25B -22 of this article from the recipient to any other public agency, to a not- for -profit
organization authorized to acquire, develop, improve or restore public real property for park, wildlife,
recreation, open space or gang prevention and intervention purposes, to the State of Florida or to the
National Park Service, provided that any such successor to the recipient assumes the obligations
imposed by such conditions.
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ARTICLE III. SAFE NEIGHBORHOOD PARIS ORDINANCE* Page 8 of 10
(b) Any changes in use of any property acquired through grants pursuant to this article must be
maintained in perpetuity for public park and recreation purposes. if the use of the property
acquired through grants pursuant to this article is changed to one (1) other than a use permitted
under the category from which the funds were provided, or the property is sold or otherwise
disposed of, an amount equal to the (1) amount of the grant, (2) the fair market value of the real
property, or (3) the proceeds from the portion of such property acquired, developed, improved,
rehabilitated or restored with the grant, whichever is greater, shall be used by the recipient,
subject to subdivision (a) of this section, for a purpose authorized in that'category or shall be
reimbursed to the Trust Account and be available for appropriation only for a use authorized in
that category.
If the property sold or otherwise disposed of is less than the entire interest in the property originally
acquired, developed, improved, rehabilitated or restored with' the grant, an amount equal to the
proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is
greater, shall be used by the grantee, subject to subdivision (a) of this section, for a purpose authorized
in that category or shall be reimbursed to the general fund and be available for appropriation only for a
use authorized in that category. Nothing in this Section 25B -25 shall limit a public agency from
transferring property acquired pursuant to this article to the National Park Service or the State Park
System, with or without consideration.
(c) Awards pursuant to this article shall first be available during the fiscal year in which bond
proceeds are initially available.
(Ord. No. 96 -115, § 6, 7- 16-96)
Sec. 2513-26. Property acquisition.
(a) All real property acquired pursuant to this article shall be acquired in compliance with
Miami -Dade County Administrative Order 8 -4 and Florida Statute 125.355, and all other
applicable laws. Funds disbursed to a Public Agency other than,the County in accordance with
Section 3 shall be expended by that agency pursuant to an Interlocal agreement with Miami -
Dade.County.
(b) For the purposes of this article, acquisition may include gifts, purchases, leases,
easements, the exercise of eminent domain, the transfer or exchange of property of like value,
transfers of development rights or credits, and purchases of development rights and other
interests.
(c) All grants, gifts, devises, or bequests to any of the qualified public agencies of this article,
conditional or unconditional, for park, conservation, recreational, wildlife habitat, natural lands or
other purposes for which real property may be acquired or developed pursuant to this article,
shall be, made in the name of the agency and accepted and received on behalf of the agency
pursuant to the applicable administrative order of the County, The grants, gifts, devises or
bequests shall be available for expenditure for the purposes specified in Section 25B -22 hereof.
'(Ord. No. 96 -115, § 7,7-16-96)
Sec. 2513-27. Public access and community lnvoivement.
(a) Reasonable public access to lands and facilities funded by this article shall not be denied,
except where that access may interfere with resource protection.
(b) All funds allocated pursuant to this article for projects involving the rehabilitation or
restoration of beach, park, recreation, open space or natural lands shall be used to the
maximum extent practical to employ residents from the surrounding community in which the
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ARTICLE M. SAFE NEIGI-IBORHOOD PARKS ORDINANCE* Page 9 of 10
particular rehabilitation or restoration project is being carried out.
(c) To the maximum extent feasible, public agencies and not- for -profit organizations shall be
encouraged and have authority to use funds received pursuant to this article to provide funding
through agreements with community organizations, particularly when youth can be employed to
work on restoration or rehabilitation projects being carried out in their own communities. Such
agreements shall be entered into solely for the accomplishment of the purposes set forth by this
article.
(Ord. No. 96-115, § 8, 7- 16 -96)
Sec. 2513-28. Environmental review.
(a) Prior to recommending the acquisition of lands that are located on or near tidelands,
submerged lands, swamp, or other wetlands, whether or not those lands have been granted in
trust to a local public agency, any agency receiving funds pursuant to this article shall submit to
the Miami -Dade County Department of Environmental Resources Management (DERM) any
proposal for the acquisition of those lands pursuant to this measure. DFRM may, at its
discretion, within ninety (90) days of such a submission, review the proposed acquisition, make
a determination as to the States existing or potential interest in the lands, and report its findings
to the entity making the submittal and to the County Manager.
(b) No wetlands or riparian habitat acquired pursuant to Section 258 -22 shall be used as a
dredge spoil area or shall be subject to revetment which damages the quality of the habitat for
which the property was acquired.
(c) No provision of this article shall be construed as authorizing the condemnation of publicly -
owned lands.
(Ord. No. 96 -115, § 9, 7- 16 -96)
Sec. 25113M29. Bond capital.
(a) Pursuant to subdivision (e) of Section 5506.9 of the Public Resources Code, no proceeds
from any bonds, notes or other evidences of indebtedness issued by Miami -Dade County shall
be used for any operations, maintenance or servicing purposes, except that such proceeds may
be used to pay all costs incidental to the preparation and issuance of the bonds.
(b) The amounts of all allocations designated in Section 25B -22 are gross amounts, and shall
be reduced not more than one (1) percent for the costs of the overall administrative expenses of
the bond.
(Ord. No. 96 -115, § 10, 7- 16 -96)
Sec. 2513-30. Maintenance of effort.
It Is the intent of this article to produce a net benefit to the residents of Miami -Dade County. No
substitution in capital project funding by the County and/or municipalities shall occur as a result of
projects specifically funded by this bond issue.
(Ord. No. 96 -115, § 11, 7- 16 -96)
Sec, 2513-31. Sale of bonds.
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ARTICLE III. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 10 of 10
The bonds may be issued either all at one (1) time or in part from time to time as the Board of
County Commissioners may In its discretion determine by subsequent ordinance or resolutlon. The sale
of such bonds shall not be combined with the sale of any other bonds of the County.
(Ord. No. 96 -115, § 12, 7- 16 -96)
Sec. 2515-32. Independent audit.
There shall be an annual Independent audit of all proceeds of the Bonds. This audit shall
examine all proceeds on hand and unexpended. The expense of the audit shall be paid from the
general bond fund. All bond recipients shall cooperate fully with the program's auditors.
The Committee shall have the right, in its sole discretion, to require recipients of any grant to
retain the services of an independenf private sector inspector general (IPSIG) to audit, investigate,
monitor, oversee, inspect and review the operations, activities and performance of the recipient and its
contractor. Said audit shall include compliance with contract specifications and project costs, as well as
the prevention of corruption and fraud. Grant agreements shall include an acknowledgment by the
recipient that the Committee has the right to utilize an IPSiG.
(Ord. No. 96 -115, § 13, 7- 16 -96)
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SAFE NEIGHBORHOOD PARKS BOND PROGRAM
ADMINISTRATIVE RULES
SECTION 4. BACKGROUND
These administrative rules govern the implementation of the Safe Neighborhood Parks
Ordinance No. 86 -145 (the "Ordinance . in accordance with Section 5(b)(4) of the
Ordinance, the original rules were prepared and adopted by the Citizens' Oversight
Committee defined in the Ordinance (the "Committee ") following public workshops
held throughout the County and subsequent revisions adopted by the MAAR
Subcommittee.
SECTION 2. SCOPE
These administrative rules have been prepared to address those programs Identified
in the Ordinance as "Municipal per capita allocation and direct grants for specific
projects", as more particularly defined in Section 3(a) of the Ordinance, the "Grants for
Specific Regional Projects ", as more particularly defined in Section 3(b) of the
Ordinance, and "Challenge Grants "; as more particularly defined in Section 3(c) of the
Ordinance (collectively, the "Covered Projects ") and Interest Earnings Grants.
SECTION 3. GENERAL
Miami -Dade County administers all programs established under the Ordinance.
Grant Recipients for Covered Projects are required to follow these administrative rules.
Failure to do so may lead to disqualification.
Additional administrative rules and/or application materials may be obtained by
contacting the Office of Safe Neighborhood Parks. All inquiries, correspondence and
Grant Applications should be addressed to:
Citizens` Oversight Committee
Miami -Dade County
Office of Capital Improvements
411 N.W. 1 Street, Ste. 2430
Miami, Florida 33128
Attention: Veronica Rubert
SECTION 4. DEFINITIONS
The following is a Iist of terms and definitions that are used in these administrative
rules:
"Acquisition" means the act of obtaining real property or interests and rights in real
property by various legal means to serve public outdoor recreation purposes.
PrP BNPong FUNDING APPLICATION - 18
"Applicant': means a Public Agency or Not-for-Profit Organization, which submits an
application for Safe Neighborhood Parks bond funds during an announced Application
Submission Period.
"Application Submission Period" means the formally announced period of time for
the submission of applications In a given Funding Cycle.
"Committee" means the Citizens' Oversight Committee that is appoi
"Grantee or Grant Recipient" means a Public Agency or Not-for-Profit Organization
receiving a Grant.
"Match" means cash available in an amount equal to that awarded from the Safe
Neighborhood Parks bond program.
"Not - far - Profit Organization" means any legally incorporated not-for-profit
organization created under the laws of the State of Florida (the "State") and
designated as a tax exempt entity by the United States Internal Revenue Service,
which has among its purposes the provision of park and recreation services, gang
prevention and intervention, tree - planting, or the conservation and preservation of
lands for park, natural areas, scenic, historic, or open spaces.
"Ordinance" means the Safe Neighborhood Parks Ordinance No. 96 -115.
"Parks" means those areas of public land set aside for aesthetic, educational,
recreational, or cultural use by the citizens of the County and the general public.
"Pre•agreement Expenses" means eligible expenses identified in Section 6(8) of
these rules incurred by a Grantee for accomplishment of a Project prior to full
execution of a Grant Agreement. Effective October 9, 9999 Pre - agreement
Expanses are limited to one (9) year prior to the application date of subsequent
bond sales, unless previously approved by the Committee.
"Project" means work that is the subject of a Grant Application.
"Public Agency or Public Agencles" means an agency or agencies or administrative
division or divisions of the United States government, the State of Florida; the County,
or any municipality within the County.
"Soft Costs" means those costs NOT
equipment or construction sub - contractors.
are classified by the following three areas:
related to construction material, labor,
Soft Costs for the purpose of this Program
• Project Administration - Grant Administration, Project Management (not related to
construction supervision), Indirect costs(accountingfpurchasing /personnel, etc.),
Imposed fees (a.g. PSA selectionlB&Z processing fees)
• Planning Services - Master Plan development and approval, Feasibility Studies
• Design Services - Schematic design, Design development, Construction
documents, Bidding or Negotiation, As guilt Drawings
"UMSA" means Unincorporated Municipal Seance Area of the County, for which the
County provides municipal services.
SECTION 5. FUNDING CYCLES; GRANT APPLICATION SUBMISSION
PERiODS
A f=unding Cycle shall be established by the Committee on an annual basis related to
RFP WPP &AB FUNDING APPLICATION 20
the sale of bonds, provided there are Safe Neighborhood Parks bonds remaining to be
sold. Each . Project determined by the Committee and the Board of County
Commissioners to be eligible may be funded during one or more Funding Cycles.
Each Safe Neighborhood Parks Project is funded through a Grant. Eligible Public
Agencies and Not - for - Profit Organizations must apply for these Grants. Grant
Agreements between the county and approved Applicants implement the Grants.
Grant Applications shall be delivered on or before the last day of the announced
Application Submission Period.. The County shall publicize each Application
Submission Period and other pertinent application Information at least one (1) month
prior to the deadline for submission of the Grant Application, unless otherwise waived
by the Committee. The County may announce an additional Application Submission
Period if funds remain or become available after the preceding Application Submission
period is complete. Each Application Submission period shall be publicly announced
In newspapers of general circulation in the County.
SECTION 6. GRANT APPUCA71ON
A) Complete Grant Application. An Applicant must submit a complete Grant
Application in order to receive an Award. A complete Grant Application means one
that meets all the requirements of the Ordinance and these rules and is supported
by proper documentation. Proper documentation includes all documentation
reasonably required by the Committee or the County to enable determination of
Project costs and compliance with the Ordinance. Such documentation shall
include_
1) Completed Application Form.
2) Completed Line Item Budget. The line item budget must be submitted with
budget justifications for the Pre - Agreement Soft Cost, Pre - Agreement
Construction, Construction and Fixture, f=urniture and Equipment. line
Items. The justification should provide detailed descriptions of the project
elements. Reimbursement for FF &E Is contingent upon prior approval by
the MAAR Subcommittee (see Section 98 -11).
3) Letter(s) of commitment for matching funds equal to the grant request as
required by the application.
4) Projected completion date for the Project.
5) Project location map.
6) For Development Projects, certification of ownership by the Public Agency or
evidence of land tenure sufficient to satisfy the Committee that the project
complies with the terms of the Ordinance.
7) A Public Agency shall submit a resolution, which at a minimum: (1) authorizes
the execution of the Grant Agreement; (ii) commits the Public Agency to
complete the Project; (iii) as applicable, commits the Public Agency to provide
RFP SNPOSO9 FUNDING APPLICATION 21
operating, maintenance and programming funds upon completion of the Project,
to the extent allowed by law; and (iv) provides that the Grant shall not be used
in substitution of other capital project funding.
8) A Not - for -Profit Organization shall submit a board resolution which at a
minimum: (i) authorizes the execution of the Grant Agreement; (ii) commits the
organization to complete .the Project; (iii) and as applicable, commits the
organization to provide operating, maintenance and programming funds upon
completion of the Project.
9) An Applicant may request funding for a major Project in phases. Each phase
shall constitute a distinct portion of the proposed Project. Each Applicant
requesting funding for a Project in phases shall commit to completing the
Project as defined in the Grant Agreement unless otherwise modified by
approval of the Committee in accordance with these rules and the Ordinance.
B) pre- agreement Expenses. The incurring of Pre - agreement Expenses creates no
obligation on the County to execute a Grant Agreement or otherwise satisfy those
expenses. However, prior to the effective date of the Grant Agreement, a recipient
may incur eligible Pre - agreement Expenses as defined in Section 4, and then after
the effective date of the Grant Agreement be reimbursed for those costs, provided
that:
1) The costs and activities are funded as part of the Grant award and are in
compliance with the requirements of the Ordinance and these rules.
2) The Pre - agreement Expenses for Series 97, 98 and 99 were incurred after duly
26, 1996 and before the effective date of the contract.
3) The Pre - agreement Expenses for all subsequent Series (after Series 99) were
incurred no earlier than one (1) year prior to the application date, unless
previously approved by the Committee.
SECTION 7. ELIGIBILITY REQUIREMENTS (CHALLENGE GRANTS)
In order to be eligible for award under the construction and /or development of youth
recreation and service facilities the Ordinance requires that the park, recreation . and
open space acquisition and development occur In or serve areas which "are identified
as economically and /or socially disadvantaged consistent with Federal guidelines,
where at least 51 percent of residents live at or below 80 percent of the County"$
medium income, and which possess a documented deficiency in recreation and open
space opportunities defined as the difference between area supply and demand for
facilities, programs and services.
SECTION 8. ELIGIBILITY DETERMINATION
Following closure of an Application Submission Period, the Subcommittee will review
each Grant Application for funding eligibility and determine the eligibility or ineligibility
of each of its Grant Applications. The Committee may declare a Grant Application to
RFP SNPuW9 FUNDING APPLICA710M 22
be:
A. Ineligible. Declaration that a Grant Application is ineligible.
B. Conditionally Eligible. The Committee may determine that a Project is eligible
for funding upon satisfaction of specified conditions. In the event that conditional
approval Is given, Committee staff shall verify that the conditions have been
satisfied prior to disbursement of any bond funds.
C. Eligible. Declaration that a Grant Application is fully eligible.
SECTION 9. GRANT ADMINISTRATION & REIMBURSEMENT POLICY
A) As a condition of award of a Grant the County and the Grantee shall enter Into a
Grant Agreement which sets forth the responsibilities and duties of each regarding
administration of the approved Project and approved Grant. The Grant Agreement
shall specify the Project's beginning and end dates and shalt incorporate such
other terms and conditions as may be required byparticular circumstances.
B) Payment. Grantees are paid allocated Grant funds subject to the following
conditions:
.1) cost of issuance of Bonds. Not more than one percent (I %) of the value of
each Grant award may be earmarked for all costs incidental to the
preparation, issuance and administration of the Safe Neighborhood Parks
bonds.
2) Tinning. Project costs eligible for reimbursement shall be incurred between
the effective date of, and the Project completion date identified in, the Grant
Agreement with the exception of Pre - agreement Expenses.
3) soft Cost Limits. Project Planning, Design and Administration, as defined in
Section 4, are eligible Project soft costs provided that bond proceeds utilized
to pay for such costs do not exceed seventeen percent (17 %) of the total
bond proceeds allocated to a given Project. Where a major Project is funded
in phases, this cost limit may not necessarily apply to each individual Project
phase, but must apply to the total allocation for the Project.
4) Grantees will use their'own procurement procedures, which reflect applicable
Federal, state and local laws and regulations.
5) Grantees are responsible for managing the day - to-day operations of Grant
supported activities. Grantees must. monitor Grant supported activities to
assure compliance with the Ordinance, these rules, the Grant Agreement,
and all applicable Federal, State, and local requirements.
6) Payments to the Grantee may be withheld at any time that the Grantee falls to
comply with Grant award conditions. Funds withheld for failure to comply with
Grant award conditions but without suspension of the Grant shall be released
to the Grantee upon subsequent compliance.
7) Completion of the authorized signature form (Exhibit A).
RFP 9NPD608 FUNDINGAPPIICAriON 23
8) In general, payment shall be made on a reimbursement basis. A Grant
Recipient may, upon submission of a Request for Advance Payment form
(Exhibit B), receive an advance payment of up to 25% of the value of the Safe
Neighborhood Parks bond funds awarded for the subject Project. All
advance payments received by a Grantee shall be maintained in a
separate Interest bearing account and may not be co- mingled with other
funds. All advances must be fully accounted for within one (1) year of
the date of the approval and before subsequent reimbursement
requests are paid. The grantee will be required to close the account and
submit a check to the County for the interest earned accompanied by an
Interest. Earned on Advance Form (Exhibit C). Upon receipt of the check and
supporting documentation all subsequent reimbursement requests can be
paid. Checks must be made payable to Miami -Dade County Board of County
Commissioners and forwarded to the Office of Safe Neighborhood Parks.
9) Grantees must submit reimbursement requests on a quarterly basis,
December 31, March 31, June 30 and September 30, if a Grantee is unable
to submit a reimbursement request by the quarterly deadline, a written
justification indicating the reason for the delay and expected submission date
is required to be submitted by the deadline. Failure to comply with this
requirement shall render the Grantee in non - compliance with the
Administrative Rules and may result in reduction or forfeiture of
payment, at the discretion of the MAAR Subcommittee.
10) Grantees shall complete, sign, and submit to the County Reimbursement
Request forms as necessary (Exhibits D through N). All Contractual
Services/Direct Payment and FF &E reimbursement requests must be
accompanied by supporting documentation (Le., copies of invoices, receipts
and check payments). Grantees are required to submit requests for
11) Reimbursement requests for FF &E items must be approved by the
NAAR Subcommittee prior to submtssfan of the request Written
requests for FF &E approval must be accompanied by Exhibit H.
12) Ten percent (10 °la) of the value of the Safe Neighborhood Parks bond
funding for a given Project shall be retained by the County until the Project is
complete, unless otherwise approved in writing by the MAAR Subcommittee.
Upon completion of a Project a signed project completion certificate (Exhibit 1)
must be submitted with the final reimbursement request forms In order for the
retainer to be released.
13) The first reimbursement request for any grant requiring a dollar- for - dollar cash
match must be accompanied by documentation of the expenditure of
committed match funds (i.e. copies of invoices, canceled checks, eta).
14) Each Grantee will ensure that all contractors and consultants perform In
accordance with the terms, conditions and specifications of their contracts or
purchase orders.
KFP $NP=9 FUNr*a APFticxnm 24
15} Each Grantee shall maintain an accounting system, which meats generally
accepted accounting principles and shall maintain all required financial
records to properly account for all Safe Neighborhood Parks bond funds and
any supplemental funds used for the Project The Grantee shall at all times
maintain a separate accounting of all Safe Neighborhood Parks bond funds.
16} The Grantee shall be responsible for completing the Project. If the total cost
of the Project exceeds the value of the Grant, then the Grantee must provide
any supplemental funds required. In the event that supplemental funds are
necessary for completion of a Project, as of the point in time that it is known
that supplemental funds are needed, the Grantee must demonstrate that such
supplemental funds have been commuted to the Project prior to and as a
condition of disbursement or further disbursement of Grant funds. The
requirement for a Grantee to provide supplemental funds may be modified, in
part or whole, by the Committee, to the extent that it approves in writing any
reduction to the Project scope of work in accordance with the Ordinance.
Approval of any reduction. In scope of work is at the sole discretion of the
Committee.
C} Acguisifion-Projecis. Guidelines and requirements for administering Acquisition
Project Grants are as follows:
1} Appraisal Required, Prior to acquisition of a Project site, a Grantee must
obtain an appraisal or appraisals supporting the fair market value of the land
to be acquired. Pursuant to State law, if the property is $500,000 or less in,
appraised value, one appraisal is required. If the property exceeds $500,000
in appraised value, two appraisals are required.
2} Amount Authorized for Payment The amount of Grant funds authorized for
payment for land acquisition shall In no case exceed the Grant funds
available for such purpose. In the event that the negotiated acquisition price
exceeds by ten percent or greater the appraised value of the land, the
disbursement of Grant funds shall be conditioned upon a written justification
for the purchase price and other conditions attendant to the proposed
purchase, which justification is declared satisfactory by the Committee in
writing. Appraisal costs are eligible Grant costs as long as the appraised
property is being realistically and seriously considered for Acquisition,
regardless of the outcome.
3} Environmental Survey. The Grantee may not purchase property with Grant
funds until a Phase i environmental survey is completed, which demonstrates
that the property is suitable for its intended general use and for the specific
Project.
4} Signage. For Acquisition only Projects, for six months following Acquisition,
the Grantee shall past a sign, in the general design provided by the County,
containing the Safe Neighborhood Parks logo, identifying the source of
Project funding. The cost of such a sign is eligible for payment from the
Grant.
RPp sNPDm PUNOiNGAPPLICA'110N i 25
5) Ownership. Title to land acquired with Safe Neighborhood Parks bond funds
shall vest with a Public Agency. Facilities constructed /developed with Safe
Neighborhood Parks bond funds shall vest with a Public Agency.
D) Development Projects. Guidelines and requirements for administering
. Development Project Grants are as follows:
1) Licensed Contractors; Contractor Bonds. Duly licensed or registered
contractors shall perform all construction. Construction contracts for work in
excess of the threshold amounts established in Section 258.20 of the Florida
Statutes should contain payment and performance bonds, which comply with
the requirements of that Section.
2) Cost Elements.
a) Construction Equipment. Grantees are required to use their own equipment,
if available. If a Grantee's equipment is used, the maximum Grant payment
shall cover operating and routine maintenance costs of such equipment; the
Grant excludes any depreciation or replacement cost from payment. If an
Applicant's equipment is used, a report or source document must describe
the work performed, indicate the hours used and be relate the use to the
Project. If a Grantee does not have needed construction equipment
available, then the Grantee may rent such equipment.
b) Construction Supplies , and Materials. Supplies and materials may be
purchased for a specific Project or may be drawn from a central stock,
providing they are claimed at a cost no higher than that which the Applicant
paid. When supplies and /or materials are purchased with the intention of
constructing a piece of equipment, structure or part of a structure, the costs
that are charged as supplies and materials may be capitalized according to
the Applicant's normal practice or policy, if capitalized, only the cost
reasonably attributable to the Project may be claimed under the Project.
c) Personnel or Employee Services. Services of the Applicants employees
who perform work directly related to the accomplishment of the Project are
eligible costs. These costs must be computed according to the Applicant's
prevailing wage or salary scales and may Include fringe benefit costs, such
as vacations, sick leave, FICA, MICA, health and life insurance, and workers
compensation at the Applicant's established fringe benefit rate. Costs
charged to the Project must be computed on the basis of actual time spent
on the Project, and supported by time and attendance records describing
the work performed on the Project. Overtime costs may be allowed under
the Applicant's established policy, provided that the regular work time was
devoted to the same,Project. Salaries and wages claimed for employees
working on grant funded Projects must not exceed the Applicants
established rates for similar positions. Altemative methodologies for
established wage rates must be pre - approved by the MAAI2 Subcommittee.
d) Consultant Services. The costs of consultant'services necessary for the
Project are eligible. The Applicant must pay consultants according to the
RFP SNP08W FUNDINGAPPLICAMON 26
Applicant's customary or established method and rate. No consultant flee
may be paid to the Applicant's own employees.
3) CostActiviiies.
a) Construction activities. The cost of all necessary construction activities,
from site preparation (ncluding demolition, survey, excavation and other site
work) to the completion of a structure is eligible for payment from the Grant.
b) Fixtures, Furnishings and Equipment (FF &E). The cost of fixtures,
furnishings and equipment necessary to operate the facility is eligible.
Consumable goods shall not be considered eligible. (Please refer to
Seciton 4 fora detailed definition ofFF &E)
c) interpretive Signs and Aids. The cost of signs, display boards or other
Interpretive aids relating to the Project is eligible.
d) Signage. During the time period of Development, the Grantee shall post a
sign at the project site, in the general design provided by the County,
containing the Safe Neighborhood Parks logo, identifying the source of
funding for the Project. The cost of such a sign is eligible.
e) Grantees are encouraged to use value - engineering clauses in contracts for
construction projects of sufficient size to offer reasonable opportunities for
cost reductions.
4) The following is a nonexclusive list of ineligible costs:
a) Grant Application costs.
b) Ceremonial expenses.
c) Expenses forpubllcity.
d) Bonus payments of any kind.
e) Charges in excess of the lowest responsive and responsible bid or proposal
in accordance with the goveming rules and procedures of the Applicant,
when the law requires the Applicant to u#ilize competitive selection.
fl Charges for deficits or overdrafts.
g) Charges incurred contrary to the poficies and practices of the Applicant.
h) Interest expense.
i) Litigation expenses orjudgments, except for those awards resulting from an
eminent domain taking.
j) The cost of services, material or equipment obtained under any other
program.
k) Costs of discounts not taken.
1) The cost of purchasing a non - refundable option when acquiring land.
E) Budget Changes.
1) Grantees shall adjust their Project budgets to reflect actual costs and updated
cost estimates and shall submit adjusted Project budgets to the Office of Safe
Neighborhood Parks with the project completion certificate.
E2FP SWO899 FUNOINGAPPUCRTION 27
2) Budget adjustments may not exceed the 17% limitation for design, planning,
and program administration, nor exceed the total budget award allocation.
3) Grantees shall obtain the prior written approval of the Committee whenever
budget adjustments are anticipated. The request must be in the same budget
format the Grantee used in the Agreement and shall be accompanied by a
narrative justification for the proposed revision. Such request for adjustment
shall., if approved, amend the Grant Agreement under the Grant award.
Requests for budget changes shall be considered by the Committee
whenever any of the following adjustments are required:
a) For any Project involving both Acquisition and Development activities, any
proposed budget transfers from Acquisition to Development or vice versa.
b) Any proposed reduction or revision of the scope or objectives of the Project
(regardless of whether there is an associated budget adjustment). However,
in the event that a Grantee has completed the approved scope of work
for a park and has unexpended funds, the Grantee may request to
OSVP to expend theses funds In an existing or new budget tine item
for the park. OUP is authorized to approve such budget changes and
expenses not to exceed $9,999.00. (Revised 3118102 by MAAR
Subcommittee)
c) Any change that would increase planning, design, and program
administration in the aggregate total.
F) Cost Overruns. During the execution of work on a Project, the Grantee may find
that actual Project costs exceed the approved budget, For cost overruns that will
require additional funding for the Project, or otherwise require a budget adjustment
for which prior Committee approval is required pursuant to paragraph E above, the
Grantee shall:
1) provide a juste cation for the additional costs,
.2) identify available funds for the completion of the Project, and, if necessary
3) Request from the Committee a reduction in the Project scope consistent with
the terms of the Ordinance.
The Committee, at its discretion, may authorize in writing a reduction in the scope of
the Project: (i) where reduction of the scope is consistent with the Ordinance; and (11)
where the reduction is justified by the Applicant and (ill) where the Applicant does not
have sufficient funds to complete the Project with the available funds. The Committee,
in.Its discretion, may also under those circumstances, identify other funds available
under the Ordinance for the Project.
SECTION 10. COMPUANCE RESPONSIBlUTIES
The following constitute general requirements for program compliance:
A) An annual independent audit of SNP funds must be submitted by all Grantees that
expend
RFP SNPOW9P PUNDWGAPPLICATION 28
$500,000 or more in SNP funds in a fiscal year. This audit is due to OSNP by June
15t following the fiscal year for which the audit is performed.
The audit shall examine for compliance with contract specifications, verification of
project costs and the prevention of corruption and fraud. The cost of this audit may
be paid from the general bond fund.
Additionally, in accordance with SNP Bond Ordinance 96-115, Section 13, the SNP
Citizens' Oversight Committee may, at Its sole discretion, require recipients of any
grant to retain the services of an Independent private sector Inspector general
(IPSIG) to audit, investigate, monitor, oversee, Inspect and review the operations,
activities and performance of it contractors. (Revised January If, 2007 by MAAR
Subcommfffee)
A) Land and facilities acquired, developed, improved or rehabilitated by Grant funds
shall be dedicated and maintained in perpetuity for recreational use for the benefit .
of the general public except where leases are in effect. All projects shall be open
to the public at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
B) Grant funds for the purposes of development, improvement, rehabilitation or
restoration shall be expended for these purposes only on lands owned by a
Grantee or on lands for which the Grantee holds a lease or other use agreement.
Such lease or other use agreement must be for an'unexpired tern of 255 years.
The Grant Recipient may demonstrate the eligibility of the Project to the reasonable
satisfaction of the Committee, through a joint ownership, use, franchise or other
agreement, evidencing that the lands and /or the Project will be utilized for the
public benefit, consistent with the terms of this Ordinance, for a terra of at least 25'
years in duration. The lease must not be revocable at will.
C) Grantee shall maintain all financial and programmatic records, supporting
documents and other records pertinent to the Grant for a period of three years from
the starting date defined below. If any litigation, claim, negotiation, audit or other
action involving the records has been started before the expiration of the three year
period, the records must be retained until completion of the action and resolution of
all Issues which arise from it, or until the end of the regular three year period,
whichever is lator. When Grant support Is continued or renewed at annual or other
Intervals, the retention period for the records of each funding period starts on the
day the Grantee submits to the County Its single or last expenditure report for that
period. In all other cases, the retention period starts on the day the Grantee
submits its final expenditure report.
D) The Committee and the County, or any of their authorized representatives, shall
have the right of access to any pertinent books, documents, papers or other
records of the Grantee in order to make audits, examinations, excerpts and
transcripts.
E) if a Grantee materially falls to comply with any term of an award, the Committee or
the Office of Safe Neighborhood Parks (OSNP) may take one or more of the
following actions, as appropriate In the circumstances:
RFP SNP8808 FUNDING APPLICATION 29
1) Temporarily withhold cash payments pending correction of the deficiency by the
Grantee.
2) Disallow all or part of the cost of the activity or action not in compliance.
3) Wholly or partly suspend or tenninate the current award for the Grantee's
program.
4) Withhold further Grant awards from the Grantee, or
5) Take other remedies that may be legally available.
F) Any of the enforcement actions listed in paragraph F above, taken by the OSNP,
which are contested and unresolved between the Grantee and the County within
thirty days of such action, will result in the MAAR Subcommittee providing the
Grantee with an opportunity to be heard on the issue. Said hearing will occur
within sixty days of the MAAR Subcommittee re calving the Grantee's written
request. The MAAR Subcommittee will recommend appropriate action to the
Committee.
G) Costs of Grantee resulting from obligations incurred by the Grantee during a
suspension or after termination of an award are not allowable unless OSNP
expressly authorizes them in the notice of suspension or termination or
subsequently authorizes them in writing. Other Grantee costs during suspension
or after termination which are necessary and not reasonably avoidable are
allowable M
1) The costs result from obligations which were properly incurred by the Grantee
before the effective date of suspension or termination, are not in anticipation of
it, and in the case of a termination, are non - cancelable, and
2) The costs would be allowable if the award were not suspended orif the award
expired normally at the end of the funding period in which the termination fasces
effects.
H) Inspections. Staff of the Committee or the County, or both, shall periodically
inspect each Project to ensure compliance with these rules, the Ordinance, and the
Grant agreement. Staff shall perform an inspection of the Project site to ensure
compliance prior to release of the final Grant payment.
SECTION 11. SEMI - ANNUAL PROJECT STATUS REPORTS
Grantees are required to submit the Project Status Report on a semi- annual basis, in
the format stipulated by OSNP. Additional reports shall be due upon request of the
SNP Oversight Committee or the Office of Safe Neighborhood Parks. Reports may
include:
A) actual accomplishments of each grant
B) problems encountered in implementation of each grant
C) anticipated start andior completion dates of each grant
Grantee may be required to meet with the Committee to discuss the Project.
RFP SNP0800 FUNDING APPLICATION 30
SECTION 12. PROJECT CLOSE -OUT
A) A Grantee has up to forty-five (45) days after the expiration or termination of the
Grant to submit all final documentation including final reimbursement requests and
project completion certificates.
B) The close -out of a Grant does not affect:
1) The County's right to disallow costs and recover funds on the basis of a later
audit or review:
2) The Grantee's obligation to return any funds due as a result of later refunds,
corrections, or other transactions;
3) Records retention responsibilities set forth above;
4) Continuing responsibilities set forth in the Ordinance and these rules;
5) Audit rights set forth in these rules.
C) Any amounts paid to Grantee in excess of the amount to which the Grantee is
finally determined to be entitled under the terms of an award constitute a debt to
the County. if not paid within a reasonable period after demand, the County may
reduce the debt by,
1) Making an administrative onset against other requests for reimbursement;
2) Withholding payments otherwise due to the Grantee; or
3) Taking other action provided bylaw.
Any overdue debt of the Grantee shall accrue interest at the maximum rate allowed by
law.
SECTION 13. INTERPRETATION; ADMINISTRATION
These administrative rules have been promulgated under the Ordinance. In the event
there exists a conflict between these rules and the provisions of the Ordinance, the
Ordinance shall prevail.
The MAAR Subcommittee shall be authorized to interpret the provislons of these
administrative rules on behalf of the Committee and its interpretation of any matters
governed hereby shall be final. The Committee shall be authorized to amend these
administrative rules, by majority vote, in accordance with its duty. adopted bylaws,
subject to applicable law.
Staff to the Committee shall be authorized and required to administer the Safe
Neighborhood Parks bond program. consistent with the Ordinance and these
administrative rules.
PFF SNP0809 FUNDING APPLICATION 31
CbliHTy "t� ! E;;
0 ciUacrzs"
over g�ht committee
safe
neighborhoad°�.
p�arkg V {�
SAFE NEIGHBORHOOD PARKS (SNP) BOND PROGRAM,
2009 FUNDS GRANT APPLICATION
RFP Number SNP0809
SECTION I - APPLICANT INFORMATION
Date: 7/17/2009
Applicant (Agency Name): City of South Miami
Co- Applicant (Agency Name) if applicable: None Applicable
Contact Person: Mr. W Aiibola Balogun Title: City Manager
E -mail Address: abalogun(&- tvofsouthmlami.net
Mailing Address: 6130 Sunset Drive
City: South Miami State: FL Zip: 33143
Telephone: 305- 668 -2510 Fax: 305- 663 -6345
SECTION It — GRANT REQUEST OVERVIEW
A. Grant Title (Project Name): Dison Park Improvements
B. Project(Land Address: 8021 SW 58'^ Ave. South Miami FL 33143
C. County Commission District in which project /land is located: District 7 '
D. Brief Grant Description: With the help of the safe Neighborhood Parks Bond Program
the City of South Miami was able Yo leverage funds to acguire the property known as Dison
Park These funds were also matched with the state and city- funds. The City anticipates
developing the property with additional green landscape plenio facilities and a walk trail. Once
theses modest gar improvements are established City staff is in lace to maintain the
davelopment.
RFP SNPOS09 PUNOING APPLICATION
E. Indicate total funding request. (dollar-for•dollar cash match required}
Funding Amount
SNP Grant Request minimum $10,000 era rication)_ $60,000
Cash Match Committed (attach proof of match; approved $0
budget page)
F. Type of Grant Request (please check only one per application):
1) Discretionary Funding — Park Development, Land Owned X
2) Discretionary Funding — Park Development, Land Leased by Applicant ❑
Term of Lease:
3) Pre Agreement Land Acquisition Funding -Land Acquisition ❑
G. project Readiness for Type of Grant Requested in Section F
PER
NEW
1/4/2009
T
, �_
Property Identification
3/11/410
Willing Seller
3/22/2010
4/2012010
-Determination
Appraisals
013-0/010
1213112010
Acquisition
12/1/2010
12/31/2010
Method of
MR
1/4/2009
Planning
3/11/410
Bfdcl!N
3/22/2010
4/2012010
Construction
013-0/010
1213112010
Project COM216fiOn
12/1/2010
12/31/2010
H. Can the project be completed within a year after the BCC allocates the funds? (the BCC is
expected to allocate the funds in November or December 2009) Yes X No ❑
SECTION 111-' C0JVSTRUCT10N_1QPERArJJVG C0114IMITMEN
A. Describe basis arjustification for cost estimate: Cast are ,based on pr ce quotes received
for the sco e of the ro'ect.
B. Are additional funds required for this project? Yes ❑ No X
If yes, how much?
1) List other anticipated funding sources and amounts anticipated:
will be submitted to local, state and federal
RFP SNPDOOR FUNDING APPLICATION
2) Explain how these other funding sources will be used to complete or expand the SNP
bond funded grant or total project:
i ends wiil be used ,leverage the projecf costs by expanding upon the scope of the
project to Include . onle facil +saG landscaping and walking trail
3) if any other funding sources fail to materialize, how will that affect the SNP bond -
funded grant or total project:
The City will continue to seek grant fund for the protect through various funding
a enoles. In addition the City may consider allocations through the pending annual
budget adoption which is sphedufed for late September.
C. Upon completion, will the work funded by this grant result in increased or new annual
maintenance, operation or programming costs? Yes X No Cl
If yes, who will assume the increased costs?
The City of South Miami will be responsible for maintenance and operations costs. These
costs will be addressed at the discretion of the bit GOmmieSien and the administration.
SECTION IV— APPLICANT CERTIFICATION
1 hereby certify the information provided in this Safe Neighborhood Parks Bond Program 2009
Funds Grant Application and all attachments are true and correct. I also agree, as a condition
of the grant, to execute a Grant Agreement and to comply with all terms and conditions of that
Grant Agreement, SNP Bond Ordinance No. 96 -915 and SNP Administrative Rules.
I further certify that I am, authorized to apply for this grant on behalf of the applicant.
Q 7/17/09
Signature of Auth d Applicant Representative Date
Mr. W Aiibola Balogun
Type or Print Name
NIA
Signature of Authorized Co- Applicant Representative
NIA
Type or Print Name
RPP SNP0909 FUNDING APPLIQKnON
City Manager
Title
NIA
Date
N/A
Title
LINE ITEM BUDGET FORM
ATTACHMENT A
BUDGET ITEMS
Total SNP
Grant Request
% of
Expense
PLANNING
DESIGN
PROJECTAID I IST ION
PRE- AGREEMENT SOFT COSTS
-
TOTAL SOFT COSTS*
LAND /BUILDING ACQUISITION
CONSTRUCTION (list below fay element with quantities)
Picnic Facilities
30,000
50%
Landscaping
20,000
--=1(),000
50%
5010
PRE-AGREEMENT CONSTRUCTION COSTS
TOTAL CONSTRUCTION
FIXTURES, FURNITURE and EQUIPMENT (FF&E)
-----------
BUDGET TOTAL
60,000
* The combination of planning, design, project administration and pre-agreement Soft
Costs cannot exceed 17% Of total request.
Rpp SNposog FUNDING APPLICATION
BUDGET JUSTIFICATION ATTACHMENT B
RFP SNPmw FUNDING APPLICATION
September 30, 2009
Mr. W. Ajibola Balogun
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl, 33143
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399 -3000
Re: Dison Park Improvements
FRDAP Application No.: A11367
MENE :..•
Charlie Crist
Governor
feff Kottkamp
Lt. Governor
Michael W. Sole
Sccretary
This letter acknowledges receipt of an application for financial assistance under the
Florida Recreation Development Assistance Program (FRDAP). Receipt of the
application in no way implies funding approval by the Department. This project must
compete on a statewide basis for the available Fiscal Year 2010 -2011 program funds.
The application will undergo a thorough review for conformance with Chapter 62D -5,
Part V, Florida Administrative Code. Your project score and the final priority list will
not be available until February 2010. Funding notification will not occur until
July 1, 2010, after the Governor signs the state budget.
If any additional information is needed we will contact you or if you have questions we
may be reached at (850) 245 -2501. Your interest in the Florida Recreation Development
Assistance Program is appreciated.
Sincerely, _ /7
Mar] e OCT (i � 2009
Community Assistance Consultant
office of Information & Recreation Services
Division of Recreation and Parks I:ECEIVE
ANAGER S OF
Mail Station #585
MAL/
"moreProtedlon, Less Process-
Kom deo.stare.(Lus
Ms. Carol Aubrun
Grants Admirdstrafor
City of South Miami
6130StmsetDx3ve
South truant, FL 83143 -5093
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Charlie Cdst
Governor
lei[ Koltlamp
1.1, Governor
Michael W. Sole
Scuetary
Re: project Name: D3sonpx0perty
MR A rolect'Ntnabex: F07014
Dear h Is4 :
Recenitly. you received tire final reimbursement which termir ales the acquisition a Of this grantpxgJeck ixt
developing the project area, pteasexemember the fo]iowingunj grantrequir,11W
1• Tbeprojectaxeamustbedeve lopedonorbefoxeApril30,2032
2. Beginxvrrgt3eptember5, 2009, a project status report should be submitted
evexyhundredandtwentydays.
3. hnpxovements to the project area mustinciude: picnicfacilitiesr tivairrg landscaping.
4 All project develI ipaneuts must comply with Secbou M 45'98 Florida Statutes and theUmform Federal
Accesar'bfiity Standaxds.
The project site shall be maintained inperpstuity .as an outdoor recreation area for the use and benefit of the
S. 'T
general public
6. Upon completion of development the following items sh uldesubnn gent the Department
a. Final "as built" sits plan for the project dated aecl'sign Y the
b. A Completion Certification signed and dated ;Ythe liaison agent.
aphotographsorcolorsli esothen Completed Project'
theentirepark.
d Florida recreation and p �y form
We look forward to successfully completing this pxojeck please contact us if we can provide any assistance
during the development phase-
Since
rely,
`
Mary e
Cammunitp' sistance
office of information and Recreation Services
Division. ofRecreation andparks
"Station 0585
MAT j itdare prolection less Process
,,,wdeO Vblei1.n.v
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
REMITTANCE ADVICE THIS IS NOT A PAYMENT DEVICE
FLAIR ACCOUNT CODE OLD SITE DOCUMENT NUMBER OBJECT DATE PAYMENT NO
IIIIIIFIIInn IIIItIIIIIIIIIIIeIIIrIIIIIIHnIIIIIIIInn IIIII
CITY OF SOUTH MIAMI
6130 SUNSET DR
SOUTH MIAMI FL 33143-5040
PLEASE DIRECT QUESTIONS TO: (850) 245 -2465, CONTRACT DISBURSEMENT SECTION
VENDORS NOW CAN VIEW PAYMENT INFORMATION AT HTTP: / /FLAIR.DBF.STATE.FL.US
INVOICE
NUMBER AMOUNT
--------- ---------------
i -FINAL $ 200,000.00
PAYMENT AMOUNT
$ 200,000.00
AGENCY DOCUMENT NO
VF05623
THE PAYMENT HAS BEEN TRANSMITTED
ELECTRONICALLY (EFT) TO YOUR FINANCIAL
INSTITUTION ACCORDING TO YOUR INSTRUCTIONS
IIIIIIIIIIIIIt IIIIIIIIIIIIIIIIIIIIIi1IiIIIIIIIIIIIIIIIIIIIIIII
CITY OF SOUTH MIAMI
6130 SUNSET OR
SOUTH MIAMI FL 33143-5040
DIVISION OF RECREATION AND PARKS
REQUEST FOR STATE WARRANTS?
F7014
Project Name and Number: Dison Property F07014
Project Sponsor: city of South Miami
Project Agreement Expiration Date: April 30 2009
Source of Funds: Florida Recreation Development Assistance Program
Amount of Payment: $200,000.00 FEID:59- 6000431
Make Payable to:
Forward Warrant to
Grants Administrator
6130 Sunset Drive,
South Miami, FL 33543 -50*0
X I certify that the accounting documentation on Billing No.
1- Final has been reviewed and determined to be in
compliance with the Division Accountability Procedure and
Pr ' e :t Ag �gem en ..
au (n , O
Commix i stance Consultant at
X To the best of my knowledge all contractual terms and
conditions associated with the Project Agreement have been
fulfilled.
N/A I further certify that the project was inspected and found
to be co%l to according to the Project Agreement.
HI OJE IS C LETE AND MAY BE CLOSED. �c
Commu st ssistance Consultant Dat
X Request for warrant authorized by OMC Manager, Office of
Information and Recreation Services, based on certification
of billin accuracy by Community Assistance Consultant.
Program Administrator D e
:gf.f.ige,of information and Recreation Services
bivision of Recreation and Parks
Department of Environmental Protection
RESOLUTION NO. 202 -07 -12587
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
APPROVING THE LEASE - PURCHASE AGREEMENT WITH
THE TRUST FOR PUBLIC LAND TO PURCHASE THE
PROPERTY .KNOWN AS THE DISON PROPERTY;
AUTHORIZING THE EXPENDITURE OF $750,000.00. TO BE
EXPENDED AS FOLLOWS, $200,000.00 CARRYOVER FROM
PRIOR YEAR CONTINGENCY, $350,000.00 FROM CURRENT
YEAR CONTINGENCY AND $200,000.00 FROM FRDAP
MATCHING GRANT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Conunission of the City of South Miami
and the residents of the City have always found that parks are a top priority; and,
WHEREAS, the Dison property provides the City the opportunity to
increase the City's park land and residential access to park land and programming;
and,
WHEREAS, the Dison property is one of the remaining forest hammocks in
the City; and,
WHEREAS, the Mayor and City Commission desire to enter into the lease
purchase agreement with the Trust for Public Land to Purchase the Dison
Property.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH M%1.MI, FLORIDA;
Section 1, The City of South Miami hereby approves the lease - purchase
agreement with the Trust for Public Land to purchase the, property at known as the
Dison Property, in the substantial form as attached hereto as exhibit 1, which
exhibit is incorporated by reference into this resolution. The legal description for
the Dison property is contained within exhibit 1.
Section 2. The City hereby authorizes the expenditure of $750,000 for
the initial lease payment.
Additions shown by underlinine and deletions shown by everstr-ik ,
Res. No. 202-07-12587
Section 3. The property appraisal exceeds the purchase price and is
attached as Exhibit A.
This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 4" day of December, 2007.
ATTEST: APPROVED:
X CLERK "6-u,--
READ �VED-AC`_" "`.___ FORM:
Luis ueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
Page 2 of 2
COMMISSION VOTE:
4 -0
Mayor Peliu:
absent
Vice .Mayor Wiscombe:
Yea
Commissioner Birts:
Yea
Commissioner Palmer:
Yea
Commissioner Beclanan:
yea
January 4, 2008
VIA: Fed-Ex
(305) 668 -2510
Luis Figueredo
Nagin Gallop Figueredo
18001 Old Cutler Road
Miami, Florida 33157
RE: Original Lease Purchase Agreements — Dison/So. Miami 52157 -533
Dear Mr. Fugueredo,
Enclosed are two original Lease Purchase Agreements.
Enclosures:
Southeast Region
306 N. Monroe Street
Tailahassm FL 32301.7622
(850)222.7911
Fax (850) 2223133
Legal Dept. Fax (850) 222.8909
LEASES —PURCHASE AGREEMENT
City of South Miami(Dison Property
This Lease — Purchase Agreement (the "Agreement ") is entered into as of
200d between The Trust For Public Land, a California charitable corporation quali xe'd to tran ac
business in Florida, (hereinafter referred to as "Lessor" or "Seller "), and the City of South Miami,
Florida, (hereinafter referred to as the "Lessee," or "Buyer ").
WHEREAS, the Lessee has identified that certain property in Miami -Dade County, more
particularly described in Exhibit "A" attached hereto and by reference incorporated herein,
(hereafter, the "Property" or the "Leased Premises ") as property the Lessee desires to obtain far
public use such as public parks, open space, and conservation uses to meet the existing needs for
parks, open space and conservation in Miami -Dade County, Florida;
WHEREAS, Lessor intends to purchase the fee simple title to the Property for the purpose of
entering into this Lease — Purchase Agreement with the Lessee; and
WHEREAS, the Lessee and Lessor mutually desire to enter into this Lease— Purchase
Agreement for the Property,
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the Lessee and Lessor have entered into this Agreement on the terms and conditions as set
forth below.
LEASE TERM AND CANCELLATION RIGHT.
(a) Lessor hereby leases to Lessee the Property for Lessee's use as a public park, open
space and conservation purposes (the "Permitted Uses ") for a term of three (3) years commencing on
the day Lessor closes on the Property and takes title from the current owner (the "Commencement
Date "), and ending three years thereafter; (the "Lease Term ").
(b) Lessor and Lessee hereby agree that Lessee is granted the right to cancel this
Agreement beginning at the end of the second year of the Lease Term on the conditions set forth
below if, but only if, the Lessee makes a formal determination at a regularly scheduled meeting of the
City Commission of the City of South Miami that moneys from ad valorem taxes, fees, other taxes or
assessments, or from other revenue sources are insufficient to pay the rent or purchase payments
required hereunder and monies are not appropriated by Lessee for file continuation of the Lease and
the payment of the rents required by this Agreement.
2. BASE RBNT AND CREDIT FOR RENT
(a) Lessee agrees to pay to Lessor annual Base Rent in the following amounts:
(i) YEAR 1, on the Commencement Date of the Lease: a payment of
$500,000.00, which shall be equivalent to 100% of the "First Base Rent
Payment";
(ii) YEAR 2, on or before the first anniversary of the Commencement Date, a
payment of $100,000.00 plus accrued interest as defined. in Paragraph 2(c)
below (the "Second Base Rent Payment").
(iv) YEAR 3, on or before the second anniversary of the Commencement Date a
payment of $100,000.00 plus accrued interest as defined in Paragraph 2(c)
below (the "Third Base Rent Payment ").
(v) Three Years from the Commencement Date a payment of $50,000.00 plus
accrued interest as defined in Paragraph 2(c) below (the, "Final Base Rent
Payment ").
(b) . Base Rent is payable in cash at Lessor's office by cashiers check, wire transfer or
other good funds each year on the annual anniversary of the Commencement Date. Base Rent shall
be paid to Lessor by a single check issued by the City of South Miami, Florida for the total amount
due.
(c) Lessee agrees that it shall pay interest,to Lessor on the unpaid balance of Base Rent
due under this Lease Purchase Agreement at the prime rate plus 1.5% as determined by Bank of
America or SunTrust Bank of Northwest Florida, whichever is used as Lessor's lender, beginning on
the Commencement Date and as subsequently adjusted on the day of adjustment, commencing on the
date Lessor purchases the fee simple title to the Property. Notwithstanding the foregoing, Lessor
shall not be required to accept any installment of Base Rent which is more than 30 days past due
following written notice of non - receipt of Base Rent payment.
(d) Lessor and Lessee agree that should Lessee fall to pay any Base Rent installment for
more than 30 days after becoming due and following written notice of non - receipt of Base Rent
payment, Lessor may declare the Lessee in default and terminate the Agreement and Lessee's
occupancy pursuant to Ch. 83.01 F.S., et. sew.
(e) Credit for Rent:
(i) All Base Rent payments by Lessee to Lessor under this Agreement shall be
credited against the Purchase Price set forth in Paragraph 32 below at the
closing of the purchase by Lessee. Interest associated with the Base Rent
Payment shall not be credited against the Purchase Price. In no event shall
the payments of Base Rent exceed the Purchase Price plus interest stated
herein less other credits set forth herein.
(f) Lessor agrees that Lessee has the right to prepay the Base Rent, in whole or in part,
without charge or penalty.
3. RIGHTS QF THE PARTIES UPQN CANCELLATION OR TERMINATION
(a) The parties agree that in that event that (i) Lessee elects to not close the purchase of
the Property and pay the entire Purchase Price set forth in Paragraph 32, or (ii) Lessee cancels the
Agreement in accord with Paragraph I (b), or the Agreement is terminated due to Lessee's default,
Lessee shalt have no rights in the Property whatsoever, and Lessor is free to retain or sell and convey
the Property as it elects.
(b) Lessee hereby agrees that if it elects to cancel this Agreement prior to the fast (I')
anniversary of the Commencement Date, or prior to exercising the option granted herein, it shall pay
to Lessor six months Base Rent based on a Base Rent of $ 100,000.00 for the second year of the
Lease, and may occupy the Property for six months to continue and wind up its uses. If Lessee elects
at the end of the second year of the Lease Term to terminate the Lease as permitted without
exercising its option to purchase, Lessee may, at its option:
(i) Pay 50% of Base Rent of Year Two of the Term and vacate the Leased
Premises within six (b) months; or
(ii) Vacate the Leased Premises at the close of Year Two of the Lease Term.
4. ADDITIONAL RENT:
(a) In addition to Base Rent, Lessee shall pay to Lessor on demand all ad valorem
property taxes, sales taxes, intangible taxes and all other taxes payable on the leasehold and upon the
Property, and all interest which may accrue due to Lessee's late payment of Base Rent to Lessor as
Additional Rent ("Additional Rent ").
(b) The term Additional Rent shall.include all payments other than Base Rent due to
Lessor under this Agreement.
Hereinafter, Base Rent and Additional Rent are sometimes collectively referred to as "Rents ".
5. QUIET ENJOYMENT: Upon payment by Lessee ofthe Rents herein provided, and upon the
observance and performance of all terms, provisions, covenants and conditions on Lessee's pars to be
observed and performed (subject to any applicable grace period), Lessee shall, subject to all of the
terms, provisions, covenants and conditions of this Lease, peaceably and quietlyhold and enjoy the
Leased Premises for the Lease Term hereby demised.
6. II+7SURANCE:
(a) The Parties acknowledge that on the effective date hereof there are no improvements
on the Leased Premises. Any improvements contemplated by Lessee shall be made only with the
prior written approval of Lessor. The Lessee will include the Property and any improvements under
its policy with the Florida League of Cities. Lessee represents that the League of Cities insurance
policy includes, general liability, casualty and premises coverage. Lessee shall provide TPL with a
copy of its insurance policy coverages and limits in the event Lessee constructs any improvements on
the Leased Premises, Lessee shall insure at Lessee's expense all buildings, equipment and other
improvements on or relocated to the Property ( "lmprovements ").
(b) Lessee shall, to the extent allowed by law, indemnify, defend, and hold harmless
Lessor against any loss, expense, cost, or damages as a result of any pollution or hazardous substance
event, escape, or deposit, including losses incurred as a result of the escape of pollutants or
hazardous substances from the Property onto the property of others. Such indemnification shall
survive the Term of this Agreement.
GOVERNMENTAL REQUIREMENTS:
(a) Lessee shall faithfully observe in the use of the Property all municipal and county
ordinances and codes and state and federal statutes now in force or which may hereafter be in force.
(b) Lessee acknowledges that it has made all inspections of the Property as it deems
necessary, and accepts the Property in "as is" condition. In the event that Lessee shall construct or
relocate any Improvements on the Property, Lessee, at its expense, shall construct or relocate such
Improvements and make all changes and additions to such Improvements as may be required to
comply with all applicable laws, rules, and insurance regulations as modified or amended from time
to time during the Lease Tenn. In the event Lessee defaults and fails to make such changes and
additions to the Improvements so as to comply with applicable laws, rules, and insurance regulations,
Lessor, at its option may, but shall not be required to, make the required changes and additions. All
costs incurred by Lessor to provide such changes or additions are hereby deemed Additional Rent,
and are due and payable by Lessee on demand.
(i) Lessor will provide to Lessee at least 14 days prior to Lessee's Base Rent
payment on the Commencement Date a Boundary Survey ofthe Property and
which will be certified to Lessee and a copy of Lessor's Title Insurance
Cormmitment (the "Commitment "). Lessee hereby agrees to take possession
of the Property on the Commencement Date subject to all matters shown on
the survey, other than billboards or billboard leases, including survey defects,
encroachments, easements visible on the ground which may be revealed by
the survey, and all matters which would be visible upon a physical inspection
of the premises, and those matters specified in Schedule B -2 of the
Commitment. Billboards depicted on the survey, if any,, shall be removed
within ninety (90) days of the Commencement Date of the Lease.
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8. SERVICES:
(a) Lessor shall provide no services to Lessee or to the Property during the Lease Term of
this Agreement. Lessee agrees that it shall provide all necessary services to the Property, which
Lessee's uses shall require, including electricity, potable water, sewage treatment and disposal,
garbage removal, and security services as needed, at Lessee's sole expense, and Lessee agrees to
provide all such services continuously during the Lease Tenn.
(b) In the event Lessee defaults in the provision of the above described services, Lessor,
at its option, may, but is not required to provide any such services. All costs incurred by Lessor to
provide such services are hereby deemed Additional Rent and are due and payable by Lessee upon
demand.
9. REPAIR OP LEASED PREMISEStALTERATION TO IMPROVEMENTS:
(a) Lessee shall, at Lessee's sole expense, maintain the Property and all Improvements on
the Leased Premises in good repair and working condition during the Lease Term. Inuring the Lease
Term, Lessor shall have no obligation to maintain, repair or replace any components of any
Improvements on the Property, but shall retain the right at its sole option, to make any such repairs or
additions.
(b) Lessee will make no material alterations or additions in or to the Leased Premises
without the prior written consent of the Lessor, which consent shall not be unreasonably withheld,
delayed, or denied, and shall, among other considerations, be predicated upon Lessee's use of
contractors who are acceptable to Lessor and who provide a full payment, completion and
performance bond naming Lessor as an insured or beneficiary party. Lessee shall provide to Lessor.
notice of such alterations and copies of as built plans on completion. All additions, fixtures, or new
building, except only furniture, fixtures, orrelocated improvements which shall be readily removable
without injury to the Leased Premises, shall be and remain a part of the Leased Premises at the
expiration or termination of this Agreement. Lessee's obligation hereunder constitutes a recognition
of the necessity to maintain a uniformity of materials and systems throughout the Property and to
insure that the Property remains marketable for residential or park uses. Lessee may utilize its own
employees for alterations and repairs.
(c) In the event that the Lessees fails and defaults in its obligations under this Paragraph
9, Lessor may, but shall have no obligation to make any repairs, replacements or alterations to the
Property or Improvements which Lessor deems necessary to maintain the Property and
Improvements in tenantable and marketable condition, and all costs incurred by Lessor in making
such repairs, replacements or alterations shall be deemed Additional Rent which Lessee shall pay to
Lessor upon demand.
10. INDEMNIFICATION:
(a) Lessee finrtber agrees that Lessee will pay all claims of contractors, subcontractors,
mechanics, laborers, material men, and other items of like character related to work on the Property
authorized by Lessee. Lessee shall ensure that all contractors providing services, materials or labor
shall post sufficient payment and performance bonds in accord with Chapter 255.05, Florida Statutes,
and shall request that Lessor be named as a beneficiary thereof, as its interest may appear. Lessee
shall not waive the requirement for contractors' bonds on any construction or repairs on the Leased
Premises, or any Improvements thereon.
(b) The Lessee herein shall not have any authority to create any liens for labor or material
on the Lessor's interest in the Leased Premises and all persons contracting with the Lessee for the
destruction or removal of any facilities or other improvements or for the erection, installation,
alteration, or repair of any facilities or other improvements on or about the Leased Premises, and all
material - suppliers, contractors, mechanics, and laborer's are hereby charged with notice (which notice
Lessee shall deliver in writing to each such party prior to the commencement of any service by said
party) that they must look only to the Lessee and to the Lessee's interests in the Leased Premises to
secure the payment of any bill for wofk done or material famished at the request or instruction of
Lessee. The provisions of this paragraph may be set forth in any Memorandum ofthis Lease which
is recorded with Lessor's consent pursuant to Paragraph 30 hereof.
IL ESTOPPEL STATEMENT: Lessee agrees that from time to time, upon not less than ten (10)
days prior request by Lessor, Lessee will deliver to Lessor a statement in wilting certifying (a) that
this Agreement is unmodified and in full force and effect (or, if there have been modifications, that
the Agreement as modified is in full force and effect and stating the modifications); (b) the dates to
which the rent and other charges have been paid; (c) to the best of Lessee's knowledge, that Lessor is
not in default under any provisions of this Agreement, or, if in default, the nature thereof in detail;
(d) whether or not Lessee is in occupancy of the Leased Premises, and (e) such other information
pertaining to this Agreement and Lessee as Lessor may reasonably request. Failure by Lessee to so
reply within said ten (10) days shall be deemed confirmation bythe Lessee that all parties are in good
standing under this Agreement.
12. ATTORNMENT: If the interests of Lessor under this Agreement shall be transferred
voluntarily or by reason of foreclosure or other proceedings for enforcement of any mortgage on the
Leased Premises, Lessee shall, at the election of such transferee, be bound to such transferee (herein
sometimes called the "Purchaser ") for the balance ofthe term hereof remaining, and any extensions
or renewals thereof which may be effected in accordance with the terms and provisions hereof, with
the same force and effect as ifthe Purchaser were the Lessor under this Agreement, and Lessee does
hereby agree upon written request to attorn to the Purchaser, including the mortgagee under any such
mortgage if it be the Purchaser, as its Lessor, said attomment to be effective and self - operative
without the execution of any further instruments, upon the Purchaser succeeding to the interest of the
Lessor under this Agreement. Notwithstanding the foregoing, however, Lessee hereby agrees to
execute any instrument(s) which Lessor may deem desirable to evidence said attornment by Lessee.
The respective rights and obligations ofLessee and the Purchaser upon such attomment, to the extent
of the then remaining balance of the Lease Term and any such extension and renewals, shall be and
are the same as those set forth herein. In the event of such transfer of Lessor's interest, Lessor shall
be released and relieved from all liability and responsibility to Lessee under this Lease or otherwise
from and after said transfer, but no liabilities and responsibilities accrued prior thereto, and Lessor's
successor by acceptance ofrent from Lessee hereunder shall become liable and responsible to Lessee
in respect to all obligations of the Lessor under this Agreement accruing from and after the date of
such transfer.
11 ASSIGNMENT OR SUBLETTING:
(a) Except as set forth herein, without the written consent of Lessor first obtained in each
case, Lessee shall not assign, transfer, mortgage, pledge, or otherwise encumber or dispose of this
Agreement or the Leased Premises or any part thereof; or permit the Leased Premises to be occupied
by other persons other than for park purposes. Lessee agrees that this Agreement and the option to
purchase contained herein may not be assigned to any entity or person other than any agency or
government or any entity holding tax exemption pursuant to Section 501(c)(3) of the Internal
Revenue Code. Lessor shall not have any obligation to consent to any assignment except as provided
in this Paragraph 13. The Lessor may, after default by the Lessee, collect or accept Rent from the
assignee, or occupant and apply the net amount collected or accepted to the Rent herein reserved, but
no such collection or acceptance shall be deemed a waiver of this covenant or the acceptance of the
assignee, or occupant as Lessee, nor shall it be construed as, or implied to be, a release of the Lessee
from the further observance and performance by the Lessee of the terms, provisions, covenants and
conditions herein contained, nor as an imposition upon Lessor of any of the obligations required of
Lessee as assignor under said sublease. Lessee shall not be permitted to sublet the Property.
(b) Any assignment, subletting, hypothecation, pledging or other disposition of Lessee's
interest hereunder, in violation of the terns hereof, shall be deemed null and void, and shall
constitute an act of default hereunder.
14. SUCCESSORS AND ASSIGNS: All terms, provisions, covenants and conditions to be
observed and performed by Lessee shall be applicable to and binding upon Lessee's respective
administrators, successors and assigns, subject, however, to the restrictions as to assignment or
subletting by Lessee as provided herein. All express covenants ofthis Agreement shall be deemed to
be covenants running with the land.
15. HOLD HARMLESS-OF LESSOR:
(a) In consideration of the Leased Premises being leased to Lessee for the above Rents
and the grant of an option to purchase, Lessee agrees, to the extent allowed by law: that Lessee, at
all times, will indemnify and hold harmless Lessor from all losses, damages, liabilities and expenses,
which may arise or be claimed against Lessor and be in favor of Lessee, any persons, firms,
corporations, governmental entities or any other entities, for any injuries or damages to the person or
property of Lessee or any persons, firms, corporations or any other entities, consequent upon or
arising from the use or occupancy of said Leased Premises by Lessee or consequent upon or arising
from any acts, omissions, neglect or fault of Lessee, its agents, servants, employees, licensees,
visitors, customers, patrons or invitees or consequent upon or arising from Lessee's failure to comply
with any laws, statutes, ordinances, codes or regulations as herein provided; that Lessor shall not be
liable to Lessee for any damages, losses or injuries to the persons or property of Lessee, its invitees,
licensees or patrons, which may be caused by the acts, neglect, omissions or faults of any persons,
firms, corporations, or other entities, except when such injury, loss or damage results solely from the
gross negligence or willful misconduct of Lessor, its agents or employees. All personal property on,
placed or moved into or on the Leased Premises shall be at the risk of Lessee or the owner thereof,
and the Lessor shall not be liable to Lessee for any damage to said personal property.
(b) in case Lessor shall be made a party to any litigation commenced against, by or
through Lessee, then to the extent allowed by law Lessee shall protect and hold Lessor harmless and
defend Lessor in connection with such litigation and any appeal thereof.
(c) To the extent allowed by law the indemnity to and hold harmless of Lessor set forth
above shall extend to and include any loss incurred by Lessor as a result of the deposition, escape or
discovery of any pollutant or hazardous substance without regard to the time at which the deposition,
discovery or escape may occur, or whether such conditions existed prior to the effective date of this
Agreement. The terms ofthis indemnity shall survive the closing of any sale of the Property and the
expiration of this Agreement.
(d) Nothing in this section should constitute a waiver by Lessee of the defense of
sovereign immunity.
16. ATTORNEYS' FEES AND ARBITRATION:
The Parties agree that this Agreement shall be governed in all respects by the law ofthe State
of Florida, without resort to its conflict of laws principles.
In the event that any dispute whatsoever arises with respect to this Agreement, the same shall
be submitted to private and confidential binding arbitration in Miami -Dade, Florida. The parties may
elect to arbitrate without invoking the jurisdiotion of the American Arbitration Association ("AAA").
However, if the parties cannot agree within ten (10) days of an arbitration demand, to arbitrate
without involving the AAA, the AAA jurisdiction automatically shall be invoked. Regardless ofthe
forum, the Commercial Arbitration Rules then published by the AAA. shall apply, with the following
exceptions:
(a.) For a dispute in which the amount in controversy is in excess of $100,000 there shall
be three arbitrators. Each party shall choose one arbitrator who neither is a competitor of nor has any
current or past affiliation with either party. The two so selected arbitrators shall select a third
arbitrator, who shall chair the panel. For a dispute in which the amount in controversy is not in
excess of $99,999, there shall be one arbitrator.
(b.) Each party shall file and serve its detailed demand (or counter demand) setting forth
each claim for relief and/or a response setting forth each affirmative defense to the other party's
demand. Each party shall: (1) disclose at the time it initially files, the identity, position, and address
of each person most knowledgeable about the facts at issue; (2) designate each document or other
exhibit relevant to the facts at issue and provide a copy to the other party; and (3) state the law that
applies to the facts at issue. Each party may issue up to 25 interrogatories to be answered completely
by the other party, and may demand that all other relevant documents be produced within 30 days.
Each party may conduct up to four depositions (each to be taken in the location where the person or
party to be deposed has its/his/her office). All discovery shall conclude within six months from the
date the arbitrator(s) permit(s) discovery to commence.
(c.) The cost of the arbitration shall be assessed in accordance with the AAA Commercial
Arbitration Rules. The arbitration award shall be supported by written findings of fact and
conclusions of law. The prevailing party shall be entitled to recover all reasonable fees and expenses
incurred including fees and all expenses in enforcing the arbitral award by courts of competent
jurisdiction.
(d.) The power conferred by this arbitration provision is without prejudice to the right of
either party under applicable law to request interim relief directly from any court of competent
jurisdiction, without prior authorization from the arbitrator(s).
17. EMU ENT DOMAIN: If during the term of this Agreement any material part of the Leased
Premises is taken by condemnation or eminent domain, which taking materially interferes with the
maintenance, operation or use of the Leased Premises as a public park or for residential or other
purposes, Lessor may elect to 'tenninate this Agreement or to.conthme same in effect provided, that if
said taking materially interferes with Lessee's use and enjoyment of the Leased Premises, Lessee
may elect to terminate the Agreement. If neither Lessor nor Lessee elects to terminate the
Agreement, and if said taking reduces the area of the Leased Premises as a public park the Base Rent
shall be reduced in proportion to the area of the Leased Premises so taken. If any part ofthe Leased
Premises is taken by condemnation or eminent domain which renders the Leased Premises unsuitable
for its intended use for a public park or for residential purposes, or other purposes, the Lessee may
elect to terminate this Agreement. If any part of the Leased Premises is taken which does not render
the Leased Premises unsuitable for its intended use, and the Lessor does not otherwise elect to
terminate this Agreement, this Agreement shall continue in effect and the Base Rent shall be reduced
by an amount no less than that paid to Lessor for-the area of the Leased Premises so taken and Lessor
shall repair any damage to the remaining Leased Premises resulting from such taking as soon as is
practicable. If all of the Leased Premises are taken by condemnation or eminent domain, this
Agreement shall terminate on the date of taking. If this Agreement should be terminated under any
provision of this paragrapb, Rents shall be payable up to the date that possession is taken by the
taking authority, and Lessor will refund to Lessee any prepaid unaccrued Rents, if any, pertaining to
any subsequent period, less any sum or amount then owing by Lessee to Lessor. In addition, the
option payment may be refunded in the same amount as if the Lessee terminated the Agreement as
provided in Paragraph 34.
18. INS OI,VENCY AND DEFAULT: All rights and remedies of Lessor herein enumerated shall
be cumulative, and none shall exclude another or any other right or remedy provided by law.
(a) if, after the applicable grace period, the Lessee defaults in the payment of Rent or any
other payment due hereunder, or in the prompt and full performance of any other provisions of this
Agreement, which default remains uncured for a period often (10) days after written notice to Lessee
from Lessor of the same (provided that if said non-performance cannot be cured within said ten. (10)
day period, Lessee shall have a reasonable period of time to cure said default as long as Lessee
V1
diligently and continuously pursues said cure), or if the leasehold interest of the Lessee or fixtures of
Lessee are levied upon under execution or attached by process of law, and said levy or attachment is
not removed within thirty (30) days, or if Lessee makes air assignment for the benefit of creditors, or
if a receiver is appointed for any property of the Lessee, or if the Lessee abandons the Leased
Premises, then and in any such event, the Lessor may, if the Lessor so elects, but not otherwise, and
after ten (10) days' written notice thereof to Lessee forthwith terminate this Agreement and/or the
Lessee's right to possession hereunder.
(b) If the Lessee abandons the Leased Premises or otherwise entitles the Lessor so to
elect, and the Lessor does elect to terminate the Lessee's right to possession only, without
terminating the Agreement, the Lessor may, at the Lessor's option, enter into the Leased Premises,
remove the Lessee's signs and other evidence of tenancy, and take and hold possession thereof
without such entry and possession terminating the Agreement or releasing the Lessee in whole or in
part from the Lessee's obligation to pay the Rents hereunder for the full Lease Term, and in any such
case the Lessee shall pay forthwith to the Lessor, a sum equal to the ainount of the Base Rent
reserved under this Agreement for the residue of the stated Lease Term. Upon and after entry into
possession of the Leased Premises without termination of the Agreement, the Lessor may, but need
not, relet the Leased Premises or any part thereof with or without any Personal Property that may be
therein, as the agent of the Lessee, to any person, firm or corporation other than the Lessee for such
Rent, for such time and upon such terms as the Lessor in the Lessor's sole discretion shall determine;
and the Lessor shall not be required to accept any lessee offered by the Lessee or to observe any
instructions given by the Lessee about such reletting. In any case, the Lessor may make repairs,
alterations and additions in or to the Leased Premises to the extent deemed by the Lessor necessary
or desirable, and the Lessee shall, upon demand, pay the cost thereof, together with the Lessor's
reasonable expenses of the reletting. If the consideration collected by the Lessor upon any such
reletting for the Lessee's account is not sufficient to pay monthly, the full amount of the Rent
reserved in the Agreement, together with the costs of repairs, alterations, additions and the Lessor's
expenses, the Lessee shall pay to the Lessor the amount of each monthly deficiency upon demand;
r and if the consideration so collected from any such reletting is more than sufficient to pay the full
amount of the Rents reserved herein, together with the costs and expenses of the Lessor, the Lessor,
at the end of the stated Lease Term of the Agreement, shall account for the surplus to the Lessee.
Lessor shall use reasonable efforts to mitigate damages occasioned by Lessee's default provided that
to the extent substitute Lessees are available to relet the Leased Premises, Lessor shall not be
required to accept the same unless said prospective substitute lessee is a governmental agency or a
corporation holding tax exempt status pursuant to Section 5O1(e)(3) of the I.R.C.
19. NON - WAIVER OF DEFAULT: Failure of Lessor to declare any default immediately upon
oceurrenea thereof, or delay in taking any action in connection therewith, shall not waive such
default, but Lessor shall have the right to declare any such default at any time and take such action as
might be lawful or authorized hereunder, in law and/or in equity. No waiver by Lessor of a default
by Lessee shall be implied, and no express waiver by Lessor shall affect any default other than the
default specified in such waiver and that only for the time and extension therein stated.
No waiver of any term, provision, condition or covenant of this Agreement by Lessor shall be
deemed to imply or constitute a further waiver by Lessor of any other term, provision, condition or
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covenant of this Agreement. In addition to any rights and remedies specifically granted Lessor
herein, Lessor shall be entitled to all rights and remedies available at law and in equity in the event
that Lessee shall fail to perform any of the terms, provisions, covenants or conditions of this
Agreement on Lessee's part to be performed or fails to pay Base Rent, Additional Rent or any other
sums due Lessor hereunder when due. All rights and remedies specifically granted to Lessor herein,
by law and in equity shall be cumulative and not mutually exclusive.
20. RIGHT OF ENTRY: Except when the Lessor perceives an emergency in which event the
Lessor may enter the Leased Premises at its reasonable discretion, Lessor, or ally of its agents, shall
have the right, upon the giving of one (1) day's notice, to enter the Leased Premises during all
reasonable hours to examine the same or to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof, or of the improvements, or to
exhibit said Leased Premises at any time within one hundred eighty (180) days before the expiration
of the Leased Term. Said right of entry shall likewise exist for the purpose of removing placards,
signs, fixtures; alterations, or additions which do, not conform to this Lease.
21. 'MAINTENANCE OF PROPERTY VALUE: Lessee acknowledges that it is the governing
body of the City of South Miami and has the legal authority to regulate land use, zoning, and
planning in the City of South Miami. Lessee acknowledges that Lessor is acquiring the Leased
Premises solely for the purpose of conveying the Leased Premises to Lessee under this Agreement;
that Lessee has requested and induced Lessor to acquire the Leased Premises and to enter into this
Agreement. Lessee represents that at the date of execution of this Agreement, Lessee does not intend
or contemplate any rezoning or reclassification of land use of the Leased Premises, or to initiate any
study or review of the existing zoning and land use classification; and that Lessor is acting in reliance
upon the above representations of Lessee; and that Lessor will be financially damaged by any
rezoning or land use reclassification which would reduce the fair market value of the Leased
Premises. Lessor does not grant Lessee the permission to initiate or allow any efforts to change the
current zoning of the Property. Nothing in this paragraph 21 shall be construed as contract zoning by
the Lessee. On the date of the execution of this Agreement, Lessee shall obtain any temporary
zoning or land use changes or exceptions which may be required to permit Lessee's intended uses of
the Leased Premises during the Lease Term. Lessee shall not seek or make any such zoning or land
use changes to accommodate the Lessee's uses during the Lease Term without the prior written
consent of Lessor. The parties agree that Lessor may withhold such consent ifLessor determines that
any such change extends beyond the end of the Lease Term or adversely affects the market value of
the Leased Premises.
22, COND1TION_OF_PREMISES ON TERMINATION OF LEASE:
(a) In the event Lessee does not elect to purchase the Property, Lessee agrees to surrender
to Lessor, at the end of the term of this Agreement or as provided in Paragraph 3 (b) and/or upon any
cancellation of Phis Agreement, said Leased Premises in as good condition as said Leased Premises
were at the Commencement Date, ordinary wear and tear not caused by Lessee's negligence, an
insured casualty, an uninsured casualty not caused by Lessee and alterations approved by Lessor,
excepted. Lessee agrees that if Lessee does not surrender said Leased Premises to Lessor at the end
ofthe Lease Term of this Agreement or as provided in Paragraph 3(b) then Lessee will pay to Lessor,
11
to the extent pennitted by law, double the amount of the Ease Rent paid by Lessee for the last month
of the Lease Term for each month or portion thereof that Lessee holds over plus all damages that
Lessor may suffer on account of Lessee's failure to so surrender to Lessor possession of said Leased
Premises, and will indemnify and save Lessor harmless from and against all claims made by any
succeeding Lessee of said Leased Premises against Lessor on account of delay of Lessor in delivering
possession of said Leased Premises to said succeeding Lessee so far as such delay is occasioned by
failure of Lessee to so surrender said Leased Premises in accordance herewith or otherwise.
(b) No receipt of money by Lessor from Lessee after termination of this Agreement or the
service of any notice ofcommencement ofany suit, arbitration, or final judgment for possession shall
reinstate, continue or extend the term of this Agreement or affect any such notice, demand, suite or
judgment for possession, or otherwise Iimit or affect any other remedies available to Lessor
hereunder unless the same shall be a compulsory counterclaim.
(c) No act or thing done by Lessor or its agents during the Term ofthis Agreement shall
be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept a
surrender of the Leased Premises shall be valid unless it be made in writing by a duly authorized
officer or agent of Lessor.
(d) In the event that this Lease - Purchase Agreement is terminated or expires as permitted
herein and Lessee does not close its purchase of the Property for any reason other than Lessor's
material default hereunder, and it is determined by a licensed professional engineer or geologist, that
during the period of Lessee's occupancy of the Property pollutants or hazardous materials have been
discharged or released on the Property in concentrations or amounts which exceed applicable legal
standards as set by Department of Environmental Resources Management (DERM) or the Florida
Department of Environmental Protection (FDEP) , Lessee shall be required to remediate the Property
in accordance with the standards established by FDEP, DERM or other regulatory agency exercising
jurisdiction over the cleanup. In the event that the existing contamination precludes Lessor's
reasonable use ofthe Property then the Lessee shall continue to be bound to pay Base Rentto Lessor
until the pollutants or hazardous materials have been remediated to the extent that Lessor may make
reasonable use of the Property. In no event will the Ease Rent paid by Lessee exceed the total Ease
Rent in Paragraph 2 of this Agreement. Nothing herein shall be construed to release Lessee from the
obligation to remediate the Property to the standards set by FDEP, DERM or other regulatory agency
exercising jurisdiction over the clean-up.
23. SIGNS: Seller reserves the right to place permanent informational plaques or signs on the
property purchased under this Agreement acknowledging the commitment the former owner, Ms.
Charlotte Dison, to the preservation of this property, and including a statement indicating that the
site was acquired with the assistance of The Trust for Public Land. The plaques or signs shall
contain The Trust for Public Land's logo, incorporated in a size and position comparable to that of
other logos on the sign. The logo must adhere to TPL's graphic standards guidelines, which will be
provided to the Buyer along with electronic files of TPL's logo. TPL staff will have an opportunity
to review and approve the sign design prior to production. All signs must comply with the
applicable City of South Miami ordinances.
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24. INVALIDITY OF PROVISION: If any term, provision, covenant or condition of this
Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder ofthis Agreement or the application of such tem, provision, covenant
or condition to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected thereby and each term, provision, covenant or condition of this
Lease shall be valid and be enforceable to the fullest extent permitted by law. This Agreement shall
be construed in accordance with the laws of the State of Florida.
25. TIME OF ESSENCE: It is understood and agreed between the parties hereto that time is of
the essence of all the terms, provision, covenants and conditions of this Agreement.
26. MISCELLANEOUS: The terms Lessor and Lessee, Seller and Buyer, as herein contained
shall include singular and/or plural, masculine, feminine and/or neuter, successors, administrators
and/or assigns wherever the context so requires or admits. The terms,. provision, covenants and
conditions ofthis Agreement are expressed in the total language ofthis Agreement and theparagraph
headings are solely for the convenience of the reader and are not intended to e all inclusive and shall
not be deemed to limit or expand any of the provisions of this Agreement. Any formally executed
addendum or rider to or modification of this Agreement shall be expressly deemed incorporated by
reference herein unless a contrary intention is clearly stated therein. Anything herein to the contrary
notwithstanding, Lessor shall not be or be deemed to be in default hereunder unless it has failed to
cure its default within a reasonable time following its receipt ofnotice thereof Notwithstanding any
other provision contained herein to the contrary, Lessor's liability hereunder or any other documents
executed in connection herewith, in the event of any uncured default by Lessor, shall be limited to
Lessor's interest in the Leased Premises, it being understood that none of Lessor's other assets shall
be subject to any judgment against Lessor hereunder.
27, EFFECTIVEDATE: Submission of this instrument for examination does not constitute an
offer, right of first refusal, reservation of or option for the Leased Premises. This instrument
becomes effective as an agreement upon execution and delivery by both Lessor and Lessee, and the .
payment by Lessee of all sums payable at execution of this Agreement.
28. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties
hereto and supersedes all previous negotiations Ieading thereto, and it may be modified only by an
agreement in writing signed and sealed by Lessor and Lessee. No surrender of the Leased Premises,
or of the remainder of the Lease Term, shall be valid unless accepted in writing by a duly authorized
officer or agent of Lessor. Lessee acknowledges and agrees that Lessee has not relied upon any
statement, representation, prior written or prior to contemporaneous oral promises, agreements or
warranties except such as are expressed herein.
29. MEMORANDUM OF LEASE: At Lessor's request at any time during the Lease Term of
this Agreement, Lessee agrees to immediately join in a Memorandum of Lease in form and content
satisfactory to Lessor, which Memorandum shall be recorded in the Public Records of Miami -Dade
County, Florida.
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30. BROKERAGE: Lessor and Lessee represent and warrant that neither party has dealt with
any real estate broker in connection with this Agreement.
31. FORCE MA3EURE: Lessor and Lessee shall not be required to perform any term, condition,
or covenant in this Agreement so long as such performance is delayed or prevented by force maj eure,
which shall mean acts of God, labor disputes (whether lawful or not), material or labor shortages,
restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably,
within the control of Lessor (or Lessee, as the case may be) and which by the exercise of due
diligence Lessor is unable, wholly or in part, to prevent or overcome.
32. LESSEE'S OPTION AND RIGHT TO PURCHASE: Provided that Lessee is not then in
default of any of the terms, provisions, covenants and conditions in this Agreement, the Lessee is
granted the exclusive and irrevocable right and option to purchase the fee simple title to the Property
on or at any time before three (3) years from the Commencement Date, by giving notice of exercise
of the Option to Lessor no later than 60 days prior to each annual anniversary of the term thereafter.
The option to purchase granted herein shall expire sixty (60) days prior to the third (^ annual
anniversary ofthe Commencement Date, unless otherwise extended by agreement among the Parties.
The option granted herein is coupled with an interest. The purchase price (the "Purchase Price') for
the Property on the Commencement Date shall be Seven Hundred and Fifty Thousand and 00/100
Dollars ($750,000.00) and shall be as follows:
Lessee agrees to pay the Base Rent Payment of the Lease totaling $500,000.00, on the
Commencement Date. The Second Base Rent Payment totaling $100,000.00 shall be paid in full on
the first anniversary of the Commencement Date. The Third Base Rent Payment totaling
$100,000.00 shall be paid on the second anniversary of the Commencement Date. The Final Base
Rent Payment totaling $50,000.00 shall be paid in full three (3) years from the Cormmencement Date.
All Base Rent payments paid by Lessee to Lessor under this Agreement shall be credited against the
Purchase Price at the closing of the purchase by Lessee,
For example, if the Lessee elects to purchase the Property after the Commencement Date
after the First Base Rent Payment totaling $500,000.00 has been made, Lessee shall receive a credit
of $500,000.00 against the Purchase Price at closing.
Notwithstanding anything herein to the contrary, in the event the Lessee procures grant funds
from the Florida Communities Trust ("FCT ") or any other grant program at any time during the term
of this Lease - Purchase Agreement, the entire sum necessary for the Lessee to acquire fee simple title
to the Property shall become due and payable and the parties shall proceed to close this transaction
within thirty (30) days of receipt of such grant fiords.
33. OPTION TO PURCHASE CONSIDERATION:
14 .
(a) Simultaneous with the execution of this Agreement, Lessee shall pay to Lessor the
sum of $100.00 in cash as non- refundable'consideradon for the exclusive right and option to
purchase the Property (hereafter, the "Option Money").
(b) All of the Option Money paid shall be credited by Lessor against the Purchase Price if
Lessee elects to close the purchase of the Property under this Agreement.
34. CASH TO CLOSE: At closing, Lessee shall pay the difference between the Purchase Price
and the sum of credits against the Purchase Price as set forth in accordance with the provisions of
paragraph 32 of this Agreement, and other credits set forth in this Agreement paid by Lessee to
Lessor hereunder. Furthermore, Lessee shall pay to Lessor at closing, the accrued interest on the
remaining principal balance from the day of the immediately preceding Base Rent Payment until the
day of closing.
35. TITLE:
(a) Within 30 days following the exercise of the Option granted under this Agreement,
Seller shall deliver to Buyer a commitment, and, after closing, an owner's title policy, for owner's
title insurance, with a qualified title insurance company reasonably acceptable to Buyer, in the
amount of the Purchase Price, reflecting good and marketable fee simple title to the Property in
Seller, subject only to such easements and restrictions of record, visible easements not of record
disclosed in writing by Seller or Buyer, or by the survey, and applicable planning and zoning
ordinances, all appearing in Lessor's Title Policy at the time Lessor acquires the Property. Buyer
hereby agrees that the matters shown on Exhibit "B ", constituting the Schedule B -2 exceptions in
Seller's title insurance policy, shall each be permitted title exceptions (the "Permitted Title
Exceptions ") to which Buyer may not object.
(b) Buyer agrees that it may not treat as an objection any matter shown on the
commitment resulting from any act or failure to act by Buyer, including but not limited to claims of
Iien resulting from work performed on the Property or materials ordered by Lessee to be incorporated
into the Property, and any ordinance, law or regulation affecting the Property which takes effect at or
following the date of Commencement of the Lease Term. Seller shall diligently attempt to satisfy
Buyer's stated title objections and shall have until the date of closing to do so.
Buyer acknowledges and agrees the Seller is taking title to the Property subject to existing
easements, covenants, and restrictions of record and has had an opportunity to review Seller's Title
Commitment at the time of Seller's acquisition of the Property and agrees to take title to the Property
on the same terms and conditions, and subject to the same title policy exceptions as they may appear
in Seller's title policy, and subject to the Permitted Title Exceptions.
36. CLOSING: The purchase and sale transaction contemplated by this Agreement shall be
closed in accordance with the provisions of Paragraph 32 at a time and place mutually agreeable to
the parties at the offices of the title insurance agent issuing title insurance to the Buyer, recording
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documents and disbursing funds. Seller shall deliver to Buyer at closing the following documents,
prepared by Seller's counsel:
(i) a general warranty deed to the Property meeting the requirements as to title of
Paragraph 35 above;
(ii) an owner's affidavit attesting to the absence of mechanic's or materialmen's
liens arising from work or materials contracted for by Seller, proceedings
involving Seller which might affect title to the Property, or parties in
possession other than Buyer.
(iii) Foreign Investment and Real Property Tax Act (FIRPTA) and such other
instruments and documents as Buyer's counsel may reasonably request for
the purpose of confirming proper and lawful execution and delivery of
closing documents and conveyance of the Property to Buyer in accordance
with the Agreement.
37. CLOSING EXPENSES AND PRORATIONS: Buyer shall reimburse Seller for Seller's
reasonable and documented expenses incurred during Seller's acquisition and disposition of the
property, including the cost of obtaining title insurance, the environmental site assessment, the
boundary survey and the market value appraisal. Such reimbursement shall be made on the
Commencement Date. Transfer taxes on the deed of conveyance, if any, shall be borne by Buyer.,
The cost of recording the deed shall be borne by Seller. All other expenses shall be paid by the party
incurring the same.
38. SELLER'S REPRESENTATIONS AND WARRANITES: Seller represents and warrants to
Buyer, that:
(a) Seller has good and marketable fee simple title to the Property as hereinabove
described;
(b) Seller has the right, power and authority to enter into this Agreement and to
consummate it in accordance with its terms;
(c) There are no leases, licenses, contracts or agreements of any kind whatever affecting
the Property or anypart thereof except this Lease - Purchase Agreement and those set forth in Exhibit
"C" attached hereto and by reference incorporated herein, all of which are cancelable without cause
upon no more than thirty (30) days' written notice;
(d) Seller will not extend or modify any of the agreements Iisted in Exhibit "C" as
attached and acknowledged by Seller, or enter into any other contracts or agreements of any kind
affecting the property or any part thereof after the date of this Agreement without the advance written
consent of Buyer;
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(e) Seller knows of no pending or threatenedproeeedings which might affect the Property
or any part thereof or Seller's title thereto;
(f) There exists no uncured notices served upon or delivered to Seller by any private or
governmental party which might result in any lien upon or claim against the Property or any part
thereof or which specify any violation of law, rule, regulation, or ordinance with respect to the
Property or any part thereof.
Seller will take all such actions as will cause all of the foregoing representations and
warranties to be true and correct as of closing.
39. MEMORANDUM OF LEASE AND OPTION: Concurrently with the signing of this
Agreement, the parties have signed a Memorandum of Lease and Option in the form attached hereto
as Exhibit "D" and by reference incorporated herein. Seller and Buyer shall have the right to record
the Memorandum of Lease and Option among the public records o£the county in which the Property
is located. In the event Buyer does not exercise the option, or terminates the Agreement, Buyer shall,
upon Seller's written request, deliver to Seller for recording at Seller's expense a quitclaim deed to
the Property. The Memorandum may also be canceled by execution and release signed by The Trust
for Public Land.
40. REMEDIES UPON DEFAULT: In the event Seller defaults in the performance of any of
Seller's obligations under this Option to Purchase, Buyer shall have as its only remedies the refund
of the Option Money paid to Seller and the right to sue for specific performance and shall be entitled
to all costs such as legal fees associated with enforcing tbis Agreement . In the event Buyer defaults
in the performance of any of its obligations under this Agreement, Seller shall have the right to retain
or to sell the Property to a third party, and to sue for damages for all losses resulting from Buyer's
breach.
41. NOTICES: All notices, demands, requests or other communications permitted orrequired by
this Agreement shall be in writing and shall be deemed to have been duly given if delivered by the
date called for under this Agreement, or mailed, first class, postage prepaid, certified, mail, return
receipt requested, addressed as follows:
IF TO LESSOR— SELLER: THE TRUST FOR PUBLIC LAND
Attn: Peter Fodor, Florida Counsel
306 North Monroe Street
Tallahassee, Florida 32301
PHONE: (850) 222 -7911 ext. 29
FAX: (850) 222 -8909
Email: pete.fodor @tpl.org
With a copy to: THE TRUST FOR PUBLIC LAND
Attn: Mildred Majoros, Project Manager
7900 Red Road, Suite 25
South Miami, Florida 33143
17
PHONE: (305) 667 -0409 ext. I 1
FAX: (305) 667 -0427 .
Email: mildred.majoros @tpl.org
IF TO LESSEE — BUYER- CITY OF SOUTH MIAMI, FLORIDA
6130 Sunset Drive
South Miami, FL 33143
Attention: Yvonne McKinley, City Manager
PHONE: (305) 668 -2510
FAX: (305) 663 -6345
Email: ymekinley @cityofsouthmiami.net
cc:
Luis Figueredo, City Attorney
Nagin Gallop Figueredo
18001 Old Cutler Road
Suite 556
Miami, Fl 33157
42. APPLICABLE LAW: This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Florida.
43. HEADINGS: The headings used in this Agreement are for convenience ofreference only and
shall not operate or be construed to alter or affect the meaning of any of the provisions hereof.
44. CONDITIONS PRECEDENT TO LESSOR'S DUTIES TO PERFORM UNDER THIS
AGREEMENT: Lessor shall have no duty to perform under this Agreement unless and until each of
the following conditions precedent has been fulfilled:
(a) Lessor has acquired fee simple title to the Property; and
(b) Lessee has delivered to Lessor a certified copy of a resolution of Lessee authorizing
execution of the Agreement, together with the opinion of Lessee's counsel stating that the Agreement
has been authorized according to law, and when executed by both of the parties, shall constitute an
enforceable obligation of Lessee according to its terms.
(c) Lessee has agreed to accept the Survey and legal description provided by Lessor as
determinative of the boundary and acreage of the Property, and has agreed that it shall accept title to
the Property subject to the Survey, including any encroachments, easements, boundary claims, or
defects shown on the survey or visible on the ground upon reasonable inspection. The Survey, when
available shall be appended to this Agreement as Exhibit "E."
45. PRECONDITION TO LESSEE'S DUTY TO PERFORM: Lessee shall have no duty to
commence to perform any obligation hereunder until and unless Lessor shall have provided to Lessee
the report of a Phase One transactional environmental assessment, as that term is commonly
18
understood in Florida real estate field, carried out by a licensed professional engineer or geologist,
stating that further investigations are not recommended.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
set forth below.
Signed, sealed and delivered
In the uresenee of:
THE T'_R_TI�T FOR PIALIC LAND
hhi" Dal AIleSeniorVicePresiden
Date: 1
M
Counterpart signature page for Lease - Purchase Agreement
Signed, sealed and delivered
in the presence of
.(Corporate Seal)
20
LESSEE:
CITY OF'V& NW , FLORIDA
BY:
Name: (ZYlIII-S, YY1 �`tYt)
Title:
date:
City �UA turn_
ra
EVMBIT "AM
LEGAL DESCRIPTION
Beginning 25 feet East and 141 feet South of the Northwest comer of the NE t/ of the NE %4 of
the SE' /4 of Section 36, Township 54 South, Range 40 East thence run South 126 feet; thence
East 205.15 feet; thence North 126 feet; thence West 205.15 feet to the point of Beginning, lying
and being in Miami -Dade County, Florida.
21
EXHIBIT I'D"
TITLE EXCEPTIONS
MA
EXTI BIT aC"
LEASES, LiCENi✓+ S, CONTRACTS OR AGREEMENTS
If there are no leases, Iicenses, contracts or agreements, Seiler shall so state and sign and date below.
If there are any leases, etc., the parties should be listed here and a copy of each lease delivered to
Buyer for review prior to execution.
By:_
Name:
Title:
Date:
23
EXHIBIT "D"
MEMORANDUM OF LEASE AND OPTION
For and in consideration of the sure of $10.00 and other valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, by the parties hereto, THE TRUST FOR
PUBLIC LAND, a nonprofit California corporation, whose address is 306 North Monroe Street,
Tallahassee, Florida, 32301 (hereinafter referred to as the "Lessor" or "Seller ), hereby grants to the
City of , Florida ( "City "), (hereinafter referred to as the "Lessee" or "B.uyer ).the
sole, exclusive and irrevocable option to purchase that certain real property and appurtenances
thereto, comprising a total of +(- acres in Miami -Dade County, Florida, described more fully
in EXI -IIBIT "A" attached hereto and by this reference made apart hereof The option herein granted
extends from the date hereof through 12:00 midnight 60 days prior to the end of the Lease Term (the
"Option Term "). The full text of the option granted may be found in a certain Lease- Purchase
Agreement between Lessor and Lessee of even date herein. If the option is not exercised on or
before the end of the Lease Term, said exclusive option shall automatically expire and be of no
further force and effect without the necessity to record any other instrument. A true and complete
copy of the Lease Purchase Agreement is on file with the City Clerk of the City of
Florida, City of
Florida
IN WITNESS WHEREOF, each oftheparties hereto has caused this Memorandum of Option
to be executed and sealed by its duly authorized signatory(ies) on the __ day of 200_.
Signed, sealed and delivered
in the presence of
Witness
Print Name
Witness
Print Name
STATE OF FLORIDA
COUNT' OP LEON
LESSOR. THE TRUST FOR PUBLIC LAND
a nonprofit California corporation
By:
W. Dale Allen
Senior Vice President
Corporate Seal
The foregoing instrument was acknowledged before me this , day of
200_, by W. Dale Allen, as Vice President of The Trust for Public Land, a California non -profit
corporation, who is personally known to me.
(NOTARY PUBLIC SEAL)
Notary Public
(Printed, Typed or Stamped Name of Notary Public)
24
Commission No:
My. Commission Expires:
Signed, sealed and delivered LESSEE:
in the presence of: CITY OFliA(Wi FLORIDA
c
Grantee 1
BY: 1 ikC S. iVli {�1 �(G I V yr
Name
Title
Date: �A1�
(Corporate Seal)
THIS DOCUMENT PREPARED BY: Peter Fodor
Florida Counsel
The Trust for Public Land
306 North Monroe Street
Tallahassee, Florida 32301
25