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HomeMy WebLinkAboutR-75-12 Park Grant'. f It , RESt~Lt~T i ~~~ 2- ~s~~~ ~! E R ~ ~ ~. THE DEPARTMENT Q-F NATtlRAL R~sc~uRCEs AT ITS EXECUTIVE BQARD MEETING QF ~lQYEA'~ER ~. ~.'~~°~, DI1~ APP~C~VE AND GRANT A ~tEQUEST ~'RaM TNI~ CITY Qf SEBASTIAN FQR x ~~. ~~:~ ~',},'v ~3NDER THE FLQR I Y7A RECREAT I Q~t DEVELQPMENT ASSISTANCE PROGRAA~ FQR THE 3'uftPQSE 4F DEVEI.~9RING RECREATI4~iAL FACILITIES AT THE SEBASTIAN PARK PRtaPERTY l.aCATEI3 AT THE FQQT t}F ~~AIN STf~EET QN INI?IAN RIVER DRiYE~ ~ ~ . R E A S. THE CITY QF SE8AS3iAN IS DESIR©US ~3F E~tCCU3 i NG TN I S CQtVTR~CT; +~t~~ r ~~~~~~R~, BE I T RES(3LYEI,1 • $Y THE ~ I TY CQUt~C I L CiF TriE SAID CITY QF SEBASTIAN. THAT T~lE NlAYflR QF THE. CITY QF SEBAaTIAt~ ~3E AUTHaRIZE'D T4 EJ(ECt~?E SAID CaNTRACT APID AGREEMENT APiD REQ~ I RED Cf?P T ES BE FClEtWARDED TO THE DEPARTMENT QF NATURAL ~;ESGURCES, STATE C3F ~L~3RIDA. ~~''' ~~.t~uNT STREET, TALL.ANA3SEE, ~=~caR ~ ~~ '~ ~ ~ . IPI tYITNESS 1~MEREOF, I ~1AVE ~{EREUNTQ SET N{Y NAME AS AYCfft pF THE CITY QF SFBASTIAl~ AND HAVE AFFIXED THE CITY SEAL. T~ I _._.~.~ SAY t3F V.#~ •~ ~: . ~ uG E GC, ..~ ° YDR ~', ATTEST: ~~~~~~ LOREhiCE ~ NELAtd, ITY LERK , CQNTRACT AND AGREEMENT THIS AGREEMENT, dated this ~~/day of a%~~c/, A.D., 1975, by and between the Department of Natural Resources, Division of Recreation and Parks, hereinafter referred to as Department, and the _ Cite of bas ;~,n_ ~ • hereinafter referred to as City W I T N E S S E T ~-i That in and for the mutual covenants between the Department and the rCity it is agreed as follows: 1. The Department has found recreation to be the prime purpose of the project T{noWn as GP}-cacti an va,-~ I and has agreed to enter into this contract w~.th the City far construction of recreational facilities an real property, the title of which is held by the Cites , such real property more specifically described in Exhibit "A," attached. 2. The City agrees to cause the construction of certain recreational development at the above mentioned project, such development, being in accordance with the project plans attached hereto and made a part of this Agreement as Exhibit "B." 3. The City agrees to operate and maintain said recreational facilities at its own expense and covenants that it has the full legal authority and financial ability to so operate and maintain said facilities. 7'i,r-, _ ~u,_~ Cit~_~ ~-grew to appoint. a lio.iscn agent to be responsible for t;'r~e successful completion of the project, the prompt implementation of the articles of this Agreement., and the submission of progress reports at least every thirty (30) days from the date of the execution of this Agreerrlent until the project construction is certified complete. 5. The Lepartment agrees to hold in account the sum of Fifty Thousand DQ~lars (5,.~.Q.,: ~~. 0 to be expended f~~r the construction of recreational facilities as shown on Exhibit '"f?" attached. 1'~ny pcrtior~ of said funds may be released at the discret.ic~n of thy; ~r~epartment upon official billing by the City Such biking shall ~.nclude a. certification of the satisfactory completion of that. work which is the subject of said billing. 6. The NfA agrees to contribute the sum of Not Applicable ~ ~, to be expended. for tree construction of recreational facilities as shown in Exhibit "i3'" attached, such funds in the form of N/A contributicn.s. The _ N/A further agrees to submit, at the discretion cf c:he .)epartment any and all. accounting records pertaining to said N/A contributions. `?. Thee ; t~ agrees to commence construction of the project within six (6) months, such period beginning on the date of tie execution of this Agreement, r~.nd further agrees to complete said project rhrithn twelve _ (12) months from the starting date of construction. In the event that construction of the project is not complete ~~rithin the contract period, the department reserves the right to de-obligate any and. a.ll rernaining funds originally approved for said proj ecto -Z- ! ~ 8. The City hereby, with and through this Contract, dedicates the seba~tian Park a recreation.. area in perpetuity to be offered to the general public for recreational purposes only. 9. The City agrees to return to the Department its original contribution of $ 5 0, 0 0 0. 0 0 in the event that the herein described recreation area becomes utilized for purposes other than recreation. 10. The Department reserves the right to inspect the site and facilities, as well as the right to audit any and all financial records pertaining to this project at reasonable times. 11. Any inequities that may subsequently appear in this Contract shall be subject to negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such inequities. 12. This Contract is executed in duplicate each copy of which shall be for all purposes be considered an original. 13. IN WITNESS WHEREOF, the parties hereto executed this Contract on the day and year first above written. EXECUTIVE BOARD OF THE DEPARTM NT O TURAL RESOURCES By: rmon Shields, Executive Director Its Agent for this Purpose Attest; City of Sebastian ~~ J ~ >> (Sign re) By: (Please Type)_ F. Eugene cragcx Its Agent for this Purpose Attest: _3_ , . , ~ ~G F,~: ~o