NOTICE OF LIMITATION OF USE - SITE DEDICATION (T11034)Y '
,
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2Q1413097fi 05/08/2074 at 09:44 AM
OFF REC BK: 18395 PG: 914�54
DocType:NOTICE RECORDING: 5350.00
Notice of Limitation of Use/Site Dedication
This Notice of Limitation of Use/Site Dedication gives notice that the real property
identified in the project agreement and the boundary map, attached hereto as Exhibits
"A" and "B", respectively (the "Property"), has been developed by the project sponsor
with financial assistance provided by the Florida Department of Environmental
Protection (DEP) in accordance with Chapter 62S-2, F.A.C. Pursuant to requirements
of that policy, land developed by the project sponsor with grant assistance shafl be
dedicated in perpetuity as an outdoor recreation area for the use and benefit of the
general public. If the project sponsor should convert any part of the project area or the
facilities thereon, to other than DEP approved recreational uses, the project sponsor
shall replace the area and facilities at its own expense with a DEP approved project of
comparable or greater scope and quality.
DEDICATOR
�� ����
Signature
�"��t'C� � 1��
Printed Name
� � u S� �" /�I
rn a� ��
Title
State of Florida
County of Pinellas
�,��� �����
Witness ,
Printed Name: L.b l.f/S � j'Ir�`�� l�
�����
Witness
Printed Name: �b�a S . VZa :d
The foregoi�n9 iJ?strument was acknow dged before me this �da of CY ,
2014, by 1��1 �Ci �t. l�. L�onarc�who is ersonal y cnown o me r who p duced
as identification.
Stamp:
kift� ELLEN C. A
"?'� Cpmmission # FF 0603.93
� ExpN�es Nove�riber 28, 2011
8pd�d 1M Twp fi� Mirw�100f16i01Y
� �/
�a � / t�/,/�
� _ ' • �
.,, �. ,
,
T11034
(RTP Project N�mber)
Exhibit A
T1134
(DEP Project Agreement #)
CFDA # 20.219
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECREATIONAL TRAILS PROGRAM
FISCAL YEAR 201 1- 2012
PROJECT AGREEMENT
This project agreement ("Project Agreement") is entered into between the State of
Florida Deparfment of Environmental Protection, whose address is 3900 Commonwealth
Boulevard, Mail Station 595, Taliahassee, Florida, 32399 (hereinafter referred to as the
"Department"), and the City of Clearwater, Florida whose address is 100 South Myrtle
Avenue, Clearwater, Florida 33756 (hereinafter referred to as the "Grantee" or
"Recipient"), in furfherance of a recreational trail project, Lake Bel eview Trail to be
described herein. The execution date of this Project Agreement is � �'��
WHEREAS, the Department receives funds for the purpose of passing through the
agency as grants to other entities in accordance with Chapter 260, Florida Statutes; and,
WHEREAS, the Department receives funds for such grants from the Federal Highway
Administration to fund such grants; and,
WHEREAS, the Grantee has proposed and the Department has approved a
recreational trail project.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Department and Grantee hereby agree as follows:
This Project Agreement shall be ffective �on execution of this Project Agreement
and end no later than �/}/ ����c%r`/ , inclusive. The Project
Agreement shall be performed pursuant� to Chapter 62S-2, F.A.C.; the National
Recreational Trails Fund Act of 1991, 23 U.S.C. 206, as amended (hereinafter
referred to as "Program"); and in accordance with general provisions for s�ch
agreements prescribed by the United States Department of Transportation, Federal
Highway Administration (hereinafter referred to as "FHWA") in the FHWA Interim
Guidance (hereinafter referred to as "Guidance") and the State of Florida
Department of Transportation's Project Development & Environment Manual,
(hereinafter referred to as the "FDOT PD8�E Manual"). The Grantee shall comply with
all applicable state and federal laws and regulations, including the National
Environmental Policy Act, the implementing regulations contained in the Code of
Federal Regulations, specifically 23 CFR Part 771, and the Federal-Aid Policy Guide
referred to in the Guidance. The Grantee agrees to become familiar with and
comply with all provisions of Chapter 62S-2, F.A.C. and the Guidance which are
utilized to comply with many of the aforementioned rules and regulations. Chapter
62S-2, F.A.C. and the Guidance are incorporated into this Project Agreement by
reference as if fully set forth herein. In the event a dispute arises between the
Revised 11/11
DEP Project Agreement No. T1134 , Page 1 of 14
, , � . � ,
.
parties concerning the intent of any language contained in this Project Agreement,
the same shall be resolved by the adoption of that meaning which furthers the
intent and purpose of the above referenced Acts of Congress ond the general
provisions governing this Project Agreement. No construction performed under this
Project Agreement shall be contrary to the requirements of the Acts of Congress or
of the regulations of the FHWA.
2. By acceptance of the Program grant, the Grantee agrees to comply with the
requirements of Title VI of the Civil Rights Act of 1464; the Architectural Barriers Act
of 1968; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of
1975; the Drug-Free Workplace Act of 1988; the Americans With Disabilities Act of
1990; 31 U.$.C. 1352, regarding limitations on use of appropriated funds to lobby or
otherwise influence federal contracting and financial transactions; Executive Order
12549, regarding federal debarment and s�spensian of contractors; Section 8136 of
the Department of Defense Appropriations Act, which requires inclusion of the
federal funding amount and the percentage of the total project that amo�nt
represents in all public notices and documents describing the Project; and, Section
623 of the Treasury, Postal Service and General Government Appropriations Act of
1990, regarding public notice of federal funding in solicitations for goods and
services for projects with an aggregate val�e of $500,000.00 or more. It is the
intention of the parties hereto that none of the provisions of Section 163.01, Florida
Statutes, shall apply to this Project Agreement.
3. The Department has found that mixed-use non-motorized recreational trail is the
primary purpose of the project known as Lake Belieview Trail, RTP Project Number
Tl 1034, (hereinafter referred to as "Project"), and enters into this Project Agreement
with the Grantee for development of recreational trail facilities and improvements
on real property controiled by the Grantee through ownership or other interest. The
legal description and approved method of site control of said real property are set
forth in full in the Project app►ication. Attachment A, Grant Work Plan, attached
hereto and made a part hereof, inciudes a description of the Project, detailed
budget, and anticipated deliverables. Any revisions to Attachment A must be
formally requested by the Grantee and if agreed upon by the Department, the
modifications will be reduced to writing in an amendment to this Project
Agreement.
4. Prior to commencement of the Project, the Grantee shall submit for Department
approval the documentation described in the FDOT PD&E Manual, as provided in
the PD8�E Data Survey. The Project may not commence until completion of the
Project Development 8� Environment Process, an environmental determination is
made by FHWA, the determination is accepted by the Department and approved
by FHWA, and the Department notifies the Grantee in writing that construction of
the Project may commence.
5. The Grantee shail construct, or ca�se the construction of, specified recreational trail
facilities and improvements, (hereinafter referred to as "Project Elements"), upon the
real property identified in the approved Project appiication. The following shail be
considered the Project Elements, which may be modified by the Department upon
Revised 11 /11
DEP Project Agreement No. T1134 , Page 2 of 14
� ' ' � � �
a showing of good cause, and that the spirit and intent of the Project is maintained:
construct - 5,262 linear feet, 12 foot wide paved m�iti-use trail; related s�pport
facilities. Any revisions to the Project Elements must be formally requested by the
Grantee and, if agreed upon by the Department, the modifications will be reduced
to writing in an amendment to this Project Agreement.
b. The Project Elements identified in Paragraph 5 above shall be designed and
constructed substantially in accordance with the conceptual site development
plan contained in the approved Project application and Attachment A. Project
Elements shall be attractive for public use, and generally consistent and
compatible with the environment. Plans and specifications for Project Etements
shall be in accord with current and established engineering and architectural
practices. Emphasis should be given to the health and safety of users, accessibility
to the general public, and the protection of the recreation and nat�rai values of
the area. Any and all utility lines installed within the Project shall be placed
underground. The Grantee shall have the Project Site plan (site engineering and
architectural) prepared by an architect or engineer licensed by the State of Florida.
7. The Grantee shall compiete all Project construction no later than two (2) years from
the effective date of this Project Agreement.
8. Within forty-five (45) days of completion of the Project and prior to release of the
final payment, the Grantee shall submit for Department staff approvai the
documentation described in Chapter 62S-2, F.A.C. and included in the Program
Completion Packet received by the Grantee.
9. Execution of this Project Agreement does not relieve the Grantee of the
responsibility to comply with all applicabfe federal, state, county, or municipal laws,
ordinances or rules; nor is the Grantee relieved of the responsibility to obtain any
permits, management agreements, leases or other authorization required by the
Department or any federal, state, county or municipal agency for acquisition or
development of the Project Site.
10. A. As consideration for the services rendered by the Grantee under the terms of
this Project Agreement, the Department shall pay the Grantee on a cost
reimbursement basis in an amount not to exceed $200,000 toward the total
project cost described in the approved Project application and Attachment
A.
Program fund limits are based upon the following:
Total Grantee Amount $200,000 (paid by the Department)
Grantee Match Amount $200,000 (paid by the Grantee)
Total Project Cost $400,000
Type of Match Cash and/or in-Kind Services
Revised 11/11
DEP Project Agreement No. T1134 , Page 3 of 14
' , � ' �
It is understood that if the total Project cost exceeds the amounts shown
above, it is the Grantee's responsibility to provide the funds necessary to
complete the project.
C. Trovei expenses will not be reimbursed under the terms and conditions of this
Project Agreement.
D. The Grantee may submit payment requests upon completion of Project
deliverables as identified in Attachment A. Program f�nds shall be released
by the Department, upon subm�ttal of a payment request from the Grantee's
duly authorized Grant Manager and upon compiiance with this Project
Agreement, as set forth herein. The Deparfment wilt periodically request
proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to this Project Agreement pursuant to state and
federal guidelines �inciuding cost allocation guidelinesJ, as appropriate. This
information when requested must be provided within thirty (30) calendar
days of such request. The Grantee may also be required to submit a cost
aliocation plan to the Department in support of its multipliers (overhead,
indirect, general administrative costs, and fringe benefits). All bills for
amounts due under this Project Agreement shali be submitted in detail
sufficient for a proper pre-audit and post-audit thereof. State g�idelines for
allowable costs can be found in the State of Florida Department of Financial
Services' Reference Guide for State Expenditures at
http://www.fidfs.com/aadir/reference�oSFquide, allowable costs for Federai
Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part
74, at http://www.access.qpo.gov/nara/cfr/cfr-table-search.html and OMB
Circulars A-87 (2 C.F.R., Part 225), A-122 (2 C.F.R., Part 230j, A-21 (2 C.F.R., Part
220); and administrative requirements can be found in OMB Circulars A-102
and A-110 (2 C.F.R., Part 215) at
http://www.whitehouse.aov/omb/circulars/index.html#numerical.
E. The Grantee must provide from its accounting system, a list of expenditures
charged against this Project Agreement. The listing shall include, at a
minimum, a description of the goods or services p�rchased, date of the
transaction, voucher number, amount paid and vendor name. Allowable
costs will be determined in accordance with the cost principles applicable
to the organization incurring the costs. The Grantee must also adhere to the
State of Florida Department of Environmental Protection, Office of
Greenways and Trails' Grant Accountability Procedures and Guidance
("Accountability Procedures") (reviewed and approved by the Federal
Highway Administration), which are incorporated by reference, and were
included in the commencement documentation. For purposes of this Project
Agreement, the following federal cost principles are incorporated by
reference.
Revised 11 /11
DEP Project Agreement No. 71134 , Page 4 of 14
, . , , .
Organization Type Applicable Cost Principles
State, local or Indian tribal OMB Circular A-87
government.
2 C.F.R., Part 225
Private non-profit organization OMB Circular A-122
other than an (1) institution of
higher education, (2) hospital, or �2 C.F.R., Part 230)
(3) organization named in OMB
Circular A-122 as not subject to
that circular.
Education Institutions OMB Circular A-21
2 C.F.R., Part 220
For-profit organization other than a 48 CFR Part 31, Contract Cost
hospital and an organization Principles and Procedures, or
named in OMB A-122 as not uniform cost accounting
subject to that circular. standards that comply with cost
principies acceptable to the
federal a enc .
The Department's Grant Manager shall, within sixty (60) days after receipt of
a complete payment request, review the submitted documentation and
Project work accomplished to date, and, if complete pursuant to
requirements of this Project Agreement, approve the request for payment.
G. The Department shall reimburse the Grantee up to ninety (90) percent of the
total amount of funding under this Project Agreement. Final payment of the
remaining ten (1 O) percent will be retained until the Project has been
completed and approved by the Department. Upon completion of the
Project and prior to release of the final payment, the Grantee shall submit all
documentation described in the Recreational Trails Program Project
Completion Documentation Form OGT-13, included in the Program
Completion Packet received by the Grantee. A fina,l payment request must
be submitted to the Department no later than t�f',�� �%� cr�l�j�
to assure the availability of funds for payment. Each payment request
submitted shall document ali matching funds and/or match efforts (i.e. in-
kind services) provided during the period covered by each request. The final
payment will not be processed until the match requirement has been met.)
1 1 The Department and the Grantee fuily understand and agree that there shall be no
reimbursement of funds by the Department for any obligation or expenditure made
prior to the execution of this Project Agreement with the exception of $60,000 for
planning, permitting, or design performed on or after August 3, 201 1.
12. The Grantee shall adhere to the State of Florida Department of Environmental
Protection, Office of Greenways and Trails' Accountability Procedures,
incorporated into this Project Agreement by reference as if fully set forth herein. The
Revised 11/11
DEP Project Agreement No. T1134 , Page 5 of 14
Accountability Procedures establish uniform guidelines and procedures to be
utilized by the Department and the Grantee in accounting for grant funds
disbursed under the Program and sets forth principles for determining eligible costs,
supporting documentation and minimum reporting requirements. Expenses,
representing the grant amount and the required match, shall be reported to the
Department and summarized on certification forms referenced in Chapter 62S-2,
F.A.C. The Grantee shall maintain books, records and documents directiy pertinent
to performance under this Project Agreement in accordance with generally
accepted accounting principles consistently applied. The Department, the state,
or their authorized representatives shali have access to such records for audit
purposes during the term of this Project Agreement and for five (5) years following
Project Agreement completion. In the event any work is subcontracted, the
Grantee shall similarly require each subcontractor to maintain and allow access to
such records for audit purposes.
13. A. In addition to the requirements of the preceding paragraph, the Grantee
shall comply with the applicable provisions contained in Attachment B
(Special Audit Requirements), attached hereto and made a part hereof.
Exhibit 1 to Attachment B summarizes the funding sources supporting the
Agreement for purposes of assisting the Grantee in complying with the
requirements of Attachment B. A revised copy of Exhibit 1 must be provided
to the Grantee for each amendment which authorizes a funding increase or
decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the
Grantee shali notify the Department's Grant Manager identified in
Paragraph 24 to request a copy of the updated information.
B. The Grantee is hereby advised that the federal and/or Florida Single Audit
Act requirements may further apply to lower tier transactions that may be a
result of this Agreement. The Grantee shall consider the type of financial
assistance (federal and/or state) identified in Attachment B, Exhibit 1 when
making its determination. For federal financial assistance, the Grantee shali
utilize the guidance provided under OMB Circular A-133, Subpart B, Section
_.210 for determining whether the relationship represents that of a
s�brecipient or vendor. For state financial assistance, the Grantee shall
utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS)
that can be found under the "Links/Forms" section appearing at the
following website:
https:\\apps.fidfs.corn\fsaa
The Grantee should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the
applicability of these requirements.
C. In addition, the Grantee agrees to complete and submit the Certification of
Appiicability to Single Audit Act Reporting, Attacfiment C, attached hereto
and made a part hereof, within four (4) months foliowing the end of the
Revised 11 /11
DEP Project Agreement No. 71134 , Page 6 of 14
Granfee's fiscal year. Attachment C shall be submitted to the Department's
Grants Development and Review Manager at 3900 Commonwealth
Boulevard, Mail Station 93, Tallahossee, Florida 32399-3000. The Grants
Development and Review Manager is available to answer any questions at
(850) 245-2361.
14. The Grantee shall submit a Recreational Trails Program Project Status Report on a
quarterly basis. The Grantee shall utilize this form, to describe the percentage of
work performed, submit photographs showing the accomplished work, identify
problems encountered, describe problem resolution, any necessary schedule
updates and proposed work for the next reporting period. Quarterly reports shall
be submitted to the Department's Grant Manager no later than five (5) days
following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term "quarterly" shall reflect the calendar
quarters ending March 31, June 30, September 30 and December 31. The
Department's Grant Manager shall have ten (10) calendar days to review the
required reports and deliverables submitted by the Grantee. Quarterly status
reports received by the Department after the fifth calendar day following the
completion of any quarterly reporting period wi�l be considered late-filed and
render the Grantee in default under the terms of this Project Agreement. Failure to
comply with these reporting requirements will result in non-payment or termination
of this Project Agreement.
15. A. if for any reason the Grantee sho�ld fail to fulfill in a timely manner the
obligations under this Project Agreement, or if the Grantee should violate
any of the terms or conditions of this Project Agreement, the Department
shall thereafter have the right to terminate this Project Agreement without
prior notice. In the event the Department terminates this Project Agreement
for these reasons, the Department is not required to compensate the
Grantee for any expenses incurred before or after such termination.
B. The Department may terminate this Project Agreement for convenience by
providing the Grantee with thirty (30) calendar days written notice.
C. This Project Agreement may be unilateralty canceled by the Department for
refusal by the Grantee to allow p�blic access to all documents, papers,
letters, or other material made or received by the Grantee in conjunction
with this Project Agreement, unless the records are exempt from section
24(a) of Articie I of the Florida Constitution and Section 1 19.07(1), Florida
Statutes.
D. The Department shall terminate this Project Agreement if the
commencement documentation is not received and approved by the
Department within twelve (12) months of this Project Agreement's execution.
This time period may be extended by the Department for good cause, such
as naturai disaster.
Revised 11 /11
DEP Project Agreement No. T1134 , Page 7 of 14
� � ' � s �
16. A. The Grantee may subcontract work under this Project Agreement without
the prior written consent of the Department's Grant Manager. The payment
terms of subcontracts (other than construction and the purchase of
commoditiesj shall comply with the terms of this Project Agreement (for
example, if payment under this Project Agreement is being made on a cost
reimbursement basis, then the subcontract shall also be cost
reimbursement). The Grantee agrees to be responsible for the fulfiliment of
all work elements included in any subcontract and agrees to be responsible
for the payment of ali monies due under any subcontract. It is understood
and agreed by the Grantee that the Department shall not be liable to any
subcontractor for any expenses or liabilities inc�rred under the subcontract
and that the Grantee shall be solely liable to the s�bcontractor for all
expenses and liabilities incurred under the subcontract.
B. The Department supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Project
Agreement embrace diversity enthusiasticafly. The award of subcontracts
should reffect the full diversity of the citizens of the State of Florida. A list of
minority owned firms that could be offered subcontracting opportunities
may be obtained by contacting the State of Florida Deparfment of
Manogement Services, Office of Supplier Diversity at (850) 487-0915.
17. Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws. Following completion of
Project construction, the Grantee's Grant Manager shail provide the Department
with a statement that all purchases or contracts for construction were competitively
bid pursuant to applicable laws.
18. The Grantee certifies that no federal appropriated funds have been paid or will be
paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person
for infl�encing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding, renewal, amending or
modifying of any federa► contract, grant, or cooperative agreement. If any
non-federal funds are used for lobbying activities as described above, the Grantee
shall submit Standard Form-LLL, "Disclosure of Lobbying Activities" (provided in
Federai Documents Packet), and shall file quarterly updates of any material
changes. The Grantee shall require the language of this certification to be inciuded
in all subcontracts, and all subcontractors shall certify and disclose accordingly. [49
CFR 20].
19. In accordance with Executive Order 12549, Debarment and Suspension (49 CFR 29),
the Grantee, by execution of this Project Agreement, shall agree and certify that
neither it, nor its principals, is presently debarred, s�spended, proposed for
debarment, declared ineligible, or voluntarily excluded from parficipation in this
transaction by any federal department or agency; and, that the Grantee shall not
knowingly enter into any lower tier contract, or other covered transaction, with a
person who is similarly debarred or suspended from participating in this covered
Revised 11/11
DEP Project Agreement No. T1134 , Page 8 of 14
' . � � i �
transaction, uniess authorized in writing by Federal Highway Administration to the
Department. The Grantee shall include the language of this section in all
subcontracts or lower tier agreements executed to support the Grantee's work
under this Project Agreement.
20. The Department and FHWA shall have the right, through their agents, servants, and
employees designated for that purpose, to inspect the site of the Project and the
Project Elements thereon at any reasonable time.
21. Following receipt of an audit report identifying any refund due to the Department
for noncompliance by the Grantee with the Project Agreement, the Grantee wili be
allowed sixty (60) days to submit additional pertinent documentation to offset any
amount identified as being due to the Deparfment. The Department, following a
review of the documentation submitted by the Grantee, will inform the Grantee of
the total refund due to the Deparfment.
22. The Department shall have the right to demand a refund, either in whole or in part,
of the f�nds provided to the Grantee for noncompliance with the terms of this
Project Agreement.
23 If the United States acting within the scope of its lawful authority, through the FHWA,
the Secretary of the FHWA, or any other branch of the government of the United
States, should for any reason demand a refund from the Department, in whole or in
part, of the funds provided to the Grantee under the terms of this Project
, Agreement, the Grantee, upon notification from the Department, agrees to refund
and will forthwith repay directly to the Department the amount of money
demanded.
24. Alexandra H. Weiss, Community Assistance Consultant, or her successor, is hereby
designated as the Department's Grant Manager for the purpose of this Project
Agreement. The Department's Grant Manager shall be responsible for ensuring
performance of the terms and conditions of this Project Agreement and shall
approve all reimbursement requests prior to payment. The Grantee's Grant
Manager, Felicia Leonard, or his/her successor, shall act on behalf of the Grantee
relative to provisions of this Project Agreement. The parties will notify each other in
writing, using the manner set forth in this Project Agreement for providing notices
related to this Project Agreement, of any change to the designated grant manager
within thirty (30) days of the change.
25. By acceptance of the provisions of this Project Agreement, the Grantee agrees to
dedicate the Project Site and all land within the Project boundaries, identified in
Paragraph 3 above, to the public as a recreational trail in accordance with section
62S-2.076, F.A.C. The parties further agree that the execution of this Project
Agreement by the Department shail constitute an acceptance of said dedication
on behalf of the general public of the State of Fiorida.
26. The Grantee agrees to operate and maintain the Project Site, as defined in
subsection 62S-2.070(37), F.A.C., in accordance with Rule 62S-2.076, F.A.C. The
Revised 11/11
DEP Project Agreement No. T1134 , Page 9 of 14
, • � � r Y
Project Site and Project Elements shall be open to the general public for
recreational trail use, maintained in accordance with applicable health and safety
standards, and kept in good repair to prevent undue deterioration and provide for
safe public use. The Grantee covenants that it has fuli legal authority and financial
ability to develop, operate and maintain the Project Elements as specified within
the terms of this Project Agreement. The Grantee shall obtain Department
approvai prior to any and all current or future development of facilities on the
Project Site, as defined in subsection 62S-2.070(37j, F.A.C., if said development is not
described in Paragraph 5 herein.
27. The Grantee shall not, for any reason, convert all or any portion of the Project
boundary area for any purpose other than a recreational trail without prior
approval of the Deparfment and FHWA pursuant to the Chapter 62S-2, F.A.C.
28. A. No person, on the grounds of race, creed, color, national origin, age, sex, or
disability, shall be excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in performance of
this Project Agreement.
An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a pubfic
entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any pubiic entity.
The State of Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor iist may be directed
to the Florida Department of Management Services, Office of Supplier
Diversity at 850/487-0915.
29. A. The Grantee's accounting systems must ensure that these funds are not
commingled with funds from other agencies. Funds from each ogency must
be accounted for separately. The Grantee is prohibited from commingling
funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to
support another project. Where the Grantee's, or subrecipient's, accounting
system cannot comply with this requirement, the Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each
project it has been awarded.
B. If the Department finds that these funds have been commingied, the
Department shall have the right to demand a refund, either in whole or in
part, of the funds provided to the Grantee under this Project Agreement for
non-compliance with the material terms of this Project Agreement. The
Grantee, upon such written notification from the Department shall refund,
and shall forthwith pay to the Department, the amount of money
Revised 11/11
DEP Project Agreement No. T1134 , Page 10 of 14
demanded by the Department. Interest on any refund shalf be calculated
based on the prevailing rate �sed by the State Board of Administration.
Interest shail be calculated from the date(s) the original payment(s) are
received from the Department by the Grantee to the date repayment is
made by the Grantee to the Deparfment.
C. in the event that the Grantee recovers costs incurred under this Project
Agreement and reimbursed by the Department from another source(s), the
Grantee shall reimburse the Deparfment for all recovered funds originally
provided under this Project Agreement. Interest on any refund shall be
calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(sj the payment(s)
are recovered by the Grantee to the date repayment is made to the
Department by the Grantee.
30. To the extent required by law, the Grantee will be self-insured against, or will secure
and maintain during the life of this Project Agreement, Workers' Compensation
insurance for all of his employees connected with the work of this Project and, in
case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for ali of the latter's
employees �nless such employees are covered by the protection afforded by the
Grantee. Such self-insurance program or insurance coverage shall comply fully
with the Florida Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Project Agreement is not protected under
Workers' Compensation statutes, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of his employees not otherwise protected.
31. Eoch party hereto agrees that it shall be solely responsible for the negligent or
wrongful acts of its employees and agents. However, nothing contained herein
sha{I constitute a waiver by either party of its sovereign immunity or the provisions of
Section 768.28, Florida Stat�tes.
32. The Grantee warrants and represents that it is self-funded for liobility insurance,
appropriate and allowabie under Florida law, and that such self-insurance offers
protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee.
33. Reimbursement for equipment purchases is not authorized under the terms and
conditions of this Project Agreement.
34. Asphalt paving for the Project shall conform to the State of Fiorida Department of
Transportation's specifications for road and bridge constr�ction. Bid specifications,
contracts and/or purchase orders of the Grantee must specify thickness of asphalt
and square yards to be paved.
Revised 11/11
DEP Project Agreement No. T1134 , Page 11 of 14
35. The Grantee agrees to adhere to all state and federal speciai terms and conditions
incorporated by reference as part of this Project Agreement as if fully set forth
herein.
36. This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of the State of Florida. Wherever possible,
each provision of this Project Agreement shall be interpreted in such manner as to
be effective and valid under appiicable law, but if any provision of this Project
Agreement shall be prohibited or invalid under applicable law, such provision shali
be ineffective to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Project Agreement.
Any action hereon or in connection herewith shall be brought in Leon County,
Florida, unless otherwise required by state law.
37. All notices refated to this Project Agreement wiil be satisfied by sending notice by
certified U.S. mail to the following addresses of the parties:
Department's Grant Manager.
Alexandra H. Weiss, Community Assistance Consultant
Office of Greenways and Trails
Division of Recreation and Parks
State of Florida Department of Environmental Protection
3900 Commonwealth Boulevard, M.S. 795
Taliahassee, Florida 32399-3000
Grantee's Grant Manager:
Felicia Leonard, Administrative Manager
City of Clearwater
100 South Myrtle Avenue
Clearwater, Florida 33756
The parties will notify each other in writing, using the manner set forth in this Project
Agreement for providing notices related to this Project Agreement, of any change to the
designated grant manager within thirty (30) days of the change.
38. The Grantee acknowledges prior receipt of the foliowing documents. It is
understood that subparagraphs B, C, and D include documents that must be filled
out by the Grantee and returned to the Department.
A. Federal award letter approving project application as submitted by the
Department.
B. Project Development and Environment (PD&E) Materials - includes PD&E
Data Sheet, Form OGT-15 and federal documents (survey, boundary map,
Federal Form 424 - Budget information, Drug-Free Workplace Certification,
Civil Rights Assurance of Compliance, Certification Regarding Lobbying,
Debarment and Suspension Form, federal Congressional District of Applicant
and Project Site, FHWA Guidance, PDB�E Data Survey.
Revised 11/11
DEP Project Agreement No. T1134 , Page 12 of 14
C. Commencement Packet - includes Boundary Map with legal description,
Site Plan (signed and sealed), List of Facilities to be Constructed (signed and
dated), Pre-Construction Certification, Form OGT-12 (signed and dated),
Grant Project PD8�E Data Sheet, Form OGT-15 (with back-up
documentation).
D. Program Completion Packet - includes Project Completion Certification,
Form OGT-14, As-Built Site Plan (1 copy), List of Constructed Facilities and
improvements, Color Photographs or Slides of the Project and Identification
Sign, Certification of Filing of Notice of Limitation of Use, Final Payment
Request, Certification of FHWA Guidance.
E. Recreational Trails Program Project Status Report (to be completed
quarterly).
F. Grant Accountability Procedures.
39. The Grantee agrees to comp�y with, and inciude as appropriate in contracts and
subgrants, the provisions contained in Attachment D, Contract Provisions, attached
hereto and made a part hereof. In addition, the Grantee acknowledges that the
applicable regulations listed in Attachment E, Regulations, attached hereto and
made a part hereof, shall apply to this Project Agreement.
40. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. The parties hereto
understand that this Agreement is not a commitment of future appropriations.
41. If a court deems any provision of this Project Agreement void or unenforceable,
that provision shall be enforced onty to the extent that it is not in violation of law or
is not otherwise unenforceable and all other provisions shall remain in full force and
effect.
42. This Project Agreement represents the entire agreement of the parties. Any
alterations, variations, changes, modifications or waivers of provisions of this Project
Agreement shall only be valid when they have been reduced to writing, duly
signed by each of the parties hereto, and attached to the original of this Project
Agreement, unless otherwise provided herein.
Revised 11/11
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
�EP Project Agreement No. T1134 , Page 13 of 14
The parties hereto have caused these presents to be duly executed the day and
year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By:
Donald V. Forgione
Director
Division of Recreation and Parks
Date: ���� �/�
Depdrtme t's Grant Manager
Approved as to form and sufficiency
�1���� �
�►,l��J. ��
, r.,,-1i�.
�-.. .. . . -
CITY OF CLEARWATER, FLORIDA
By:
Type Name:
Title:
Date:
Address:
100 South Myrtle Avenue
Clearwater, Florida 33756
Approved as to form and sufficiency:
t
Grantee's Attorney (if req 'r d)
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Grant Work Plan (3 Paqes)
Attachment B Special Audit Requirements (5 Paaes)
Attachment C Certification of Aqplicability to Sinqle Audit Act Reporting (3 Paqesj
Attachment D Contract Provisions (3 Paaes)
Attachment E Reaulations (1 Paael
Revised 11 /11
DEP Project Agreement No. T1134 , Page 14 of 14
Countersigned:
- �,�te nC��t��S
George N. Cretekos
Mayor
Approved as to form:
�����,��
Laura Lipowski Mahon
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By: ��.N.�. -�
William B. Horne, II
City Manager
Rosemarie Call
City Clerk
ATTACHMENT A
GRANT WORK PLAN
RECREATIONAL TRAILS PROGRAM PROJECT DELIVERABLES
City of Ciearwater - Lake Belleview Trail
RTP Project #T11034
PART 1: Project Deliverables, Associated Costs & Completion Dates
Project Deliverables Amount of Amount of
' Project Deliverable information. Amount of Costs to be Costs to be Total Estimated
Inciude percentage of Costs to be Grantee Match Paid with Cost for Each
completion, amount/number, Paid with RTP (note if Grantee Listed Deliverable Completion Date for
len th, width, surface, users Funds Grantee Labor Match other RTP + Match Each Deliverable
#1 Project Deliverabie $25,000 $25,000 $0.00 $50,000 6/2012
100% - Design and permitting of a To be Bid
5,262 foot long, 12-foot wide
asphalt path for typical non-
motorized trail use.
Performance Standard: Approval
of above deliverables upon review
that grant program requirements
are met by the Department's
Grant Manager
Financial Consequences: Failure to
meet the performance standard
above will result in the rejection of
the invoice for payment and claim
for match
#2 Project Deliveroble $87,500 $87,500 $0.00 $175,000 1 /2013
50% - Construction of a 5,262 foot To be Bid
long, 12-foot wide asphalt path for
I typical non-motorized trail use.
� Performance Standard: Approval
� of above deliverables u on
DEP Agreement Ti 134, Attachment A, Page 1 of 3
.
photographs of completed work
i and certification statement from
� Grantee's Grant Manager
Financial Consequences: Failure to
' meet the performance standard
Iabove will result in the rejection of
the invoice for payment and claim
for match
#3 Project Deliverable $87,500 $87,500 $0.00 $175,000 3/2013
100% - Construction of a 5,262 foot To be Bid
long, 12-foot wide asphalt path for
typicai non-motorized trail use.
Performance Standard: Approvai
of above deliverables upon
photographs of completed work
and certification statement from
Grantee's Grant Manager
Financial Consequences: Failure to
meet the performance standard
above will result in the rejection of
the invoice for payment and claim
for match
�
TOTAIS 200,000 200,000 0.00 400,000
DEP Agreement Tl 134, Attachment A, Page 2 of 3
PART I: Explanation of Project Deliverables Table
Work Plan - Specific items/Tasks: Provide detailed description of the work to be performed for the project. Project
descriptions should include specific tasks for the completion of the project and deliverables specific to the tasks.
Note: Under Item/Task Description if task will be contracted and/or subcontracted. If using contractual services, a copy of
the fuily executed contract between the RTP project sponsor and the contractor must be submitted to Alexandra H. Weiss,
or her designee.
Number of Deliverables: Grantee should note as many deliverables as needed to properly complete project, and
accommodate required cash flow.
RTP Funds and Grantee Match: Totals must equal amounts indicated in Project Agreement, Paragraph 10. RTP funds
proportionately in every deliverable. Example - 80% RTP, 20% Grantee Match; must show 80% RTP funds in every deliverable.
Grantee Match (Other): Grantee Equipment, Grantee Stock.
Employee Salaries: If RTP funds go towards sponsor salaries, or sponsor salaries provided as match: provide the amount for
salaries, the positions, hourly rate and number hours anticipated for completion of the project. List each position on a
separate line.
Fringe Benefits, associated with salaries: Provide the amount for fringe benefits. Refer to RTP Grant 8� Accountability
Procedures.
Schedule of Values: A schedule of values, developed per the construction industry standard, must be submitted with the
Commencement Documentation. All invoices submitted as part of the reimbursement process must correspond with
Attachment A and the Schedule of Values.
Schedules: Refer to Office of Greenways 8� Trails Grant Accountability Procedures - Reimbursement of Costs Schedules.
Reimbursements: No reimbursement will be made until deliverable item is completed as stated in table. Deliverables must
be tied to a physical product, i.e. copy of permit, signed/sealed boundary map, construction documents, quarterly status
report (with photos), viewed on site by Alexandra H. Weiss or her designee.
Change in Costs of Deliverables: If any individual deliverable increases in cost by 10% or more, a request to amend the
Project Agreement must be submitted to Alexandra H. Weiss, or her designee.
DEP Agreement T1 134, Attachment A, Page 3 of 3
�� ' .
ATTACHMENT B
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (►vhich may be referred to
as the "Department'; 'DEP", "FI?EP" or "Grantoi-'; or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or othe�• name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART 1: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. ln determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor Generai in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
lf the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at hth>://12.46.24�.1 i3/cfdaicfda.html.
DEP 55-21 � (03/09}
DEP Agreement No. T 1 I 34. Attachment B. Pa�e 1 oi 5
� � � ' .
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m}, F(orida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or ] 0.650 (nonprofit and for-proft
organizaiions), Rules of the Auditor General. EXHIBIT l to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part lI, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.9'7(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(loca{ governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
[f the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financiat assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at httus:%iapps.fldfs.com/fsaa for assistance. ln
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http:i/��-w��j.le�.state.fl.us/Welcome�inde� cfm, State of Florida's website at
http://4v��r��.mvflorida.com/, Department of Financial Services' Website at httJxlha��•�.v.tldfs.comi and the
Auditor General's Website at http:i/w�ti��a.state.fl.us!aud�en.
PART lll: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to spec� any additiona! audit requi��ements imposed by the State awarding entity
that are solely a matter of that State awm•ding entity's policy (i.e., the audit is not �•equired by Federal or State la�vs
and is not in conflict with other Federal or State audit requireme»ts). Pursuant to Sectron 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financia/ assistance that are in addition to audits
conducted in accordance ivith Section 215.97, Florida Statutes. In such an event, the State ai��arding age»cy musr
arrange for� funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART 1 of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directiv to each of the following:
DEP »-21 i (03/09)
DEP Aoreement No. "T I I 34. Attachment B, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1} and (2), OMB Circular A-I33, as revised, should be
submitted to the Federal Audit Clearinghouse), at the followin� address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 1 Qth Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or afrer January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System and can be
found at htU�://harvester census eov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and ( fl,
OMB Circular A-133, as revised.
Pursuant to Section .320(fl, OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the lnspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Copies of financial reporting packages required by PART Il of this Attachment shail be submitted by or on
behalf of the recipient directiv to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, F"lorida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
l I 1 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP ij-? I � (03/09)
DEP Agreement No. T I I 34, Attachment B, Page 3 �f 5
. • � ,
Copies of reports or management letters required by PART IIl of this Attachment shall be submitted by or
on behaif of the recipient directly to the Department of Environmentai Protection at the following address:
Audit Director
Florida Deparnnent of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in aecordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities}
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE iNTENTIONALLY LEFT BLANK
�DEP 55-21 � (03/09)
DEP Agreement No. Tl 134, Attachment B, Page a of i
EXHIBIT — 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci ient Pursuant to this A reement Consist of the Followin :
Federal
State
Program CFDA Appropriation
Number Federal A enc Number CFDA Title Fundin Amount Cate ory
Original U.S. Department of 20.219 Recreationai Trails Program 200,000 ]40185
A reement Trans ortation
State Resources Awarded to the Reci ient Pursuant to this A reement Consist of the Followin Matchin Resources for Federal Pro rams:
Federal
State
Program Appropriation
Number Federal A enc CFDA CFDA Title Fundin Amount Cate or
State Resources Awarded to the Reci ient Pursuant to this A reement Consist of the Followin Resources Sub'ect to Section 215.97, F.S.:
State CSFA Title State
Program State CSFA or Appropriation
Number Fundin Source Fiscal Year Number Fundin Source Descri tion Fundin Amount Cate or
Total Award $200,000
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http:li I?.4G?�t5.17 �/cfcia/cfda.htn�l] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The
services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
�n the Contract.
DEP 55-215 (03/09)
DEP Agreement No. Tl 134, Attachroent B, Page 5 of 5
ATTACHMENT C
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
CERTIFICATION STATEMENT:
I hereby certify that the above information is conect.
Signature
Print Name and Position Title
DEP Agreement No. T1 134, Attachn�e��t C, Page 1 of 3
Date
� � r
r
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO: Manth/Year
NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO
(MONTH/YEAR).
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP.
$
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE
EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP.
$
The Certification should be signed by your Chief Financial Officer.
Please print the name and include the title and date of the signature.
DEP Agreement No. T 1 134, Attachment C, Page 2 of 3
. • � �
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIONS
l. Question: Do I complete and return this form when I return my signed
Agreem ent/Am endm ent?
Answer: No, this form is to be completed and signed by your Chief Financial Officer
and returned 4 months after the end of your fiscal year.
2. Question: Can I fax the form to you?
Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411.
3. Question: How can I submit the form if our audit is not completed by the due date of
this letter?
Answer: You should be able to complete the form from the information in your
accounting system. This is just to let our Office of the Inspector General know which
entities they should be getting an audit from. If you are under the threshold you do not
have to submit a copy of your audit, only the Certification form.
4. Question: Do you only want what we received from DEP?
Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended
towards all state or federal grants that you receive. You should list those that are specific
to DEP on the form.
5. Question: Do I have to submit the completed form and a copy of my audit?
Answer: No, you do not have to submit your audit unless you are over the threshold of
$500,000. If you would prefer to submit your audit (CAFR} instead of the form, that is
fine.
6. Question: Our CAFR will not be ready before your due date and we don't have the
information necessary to complete the certification. Can we get an extension?
Answer: Yes, just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a
2°a notice.
7. Question: Can I submit my Certification Form or CAFR electronically?
Answer: Yes, you can submit them by Email to Debbie.skelto>>(«;dcp.state.tLuc
DEP Agreement No. T1134, Attachment C. Page 3 of 3
�. �
. , .
ATTACHMENT D
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 4I CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"}. The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, al(
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of inechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1%z times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materiats
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intetligence.
Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 1857(h)), section
508 of the Clean Water Act (33 U.S.C. 1368}, Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15).
DEP Agreement No. T1134, .4ttachment D, Page 1 of 3
. '
b• Byrd Anti-Lobbying Amendment (3i U.S.C. 1352) - Contractors who apply or bid for an award
of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and
Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the
required certification regarding its exciusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 340h-3(e)) - Contracts and
subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to
agree to comply with all applicabie standards, orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of
the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal
awarding agency and the Regional O�ce of the Environmental Protection Agency (EPA).
l0. Compliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Tide VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c} the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; ( fl Sections
523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific
statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federai participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 — 1508 and 7324 — 7328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
13. Compiiance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmentai Policy
Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood
DEP Agreement No. Tl 134, Attachment D, Page 2 of 3
s �
hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (fl conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523}; and (h} protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
l7. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this Agreement.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy effciency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
21. Compiiance with Limita6on on Federal Participation (23 CFR 1.9) pertaining to the use of
Federal-aid funds
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. TI 134, Attachment D, Page 3 of 3
, . , ., �
0
ATTACHMENT E
REGULATIONS
Formal regulations concerning administrative procedures for U.S. Department of Transportation (DOT)
grants appear in Title 49 of the Code of Federal Regulations. The following list contains regulations and
Office of Management and Budget Circulars which may apply to the work performed under this
Agreement.
Subcha ter A - General
49 C.F.R. 24 Uniform relocation assistance and real property acquisition for federal and federally
assisted ro rams
49 C.F.R. 27 Nondiscrimination on the basis of disability in programs or activities receiving
Federal financial assistance.
49 C.F.R. 17 Intergovernmental review of DOT rograms and activities
49 C.F.R. 19 Uniform administrative requirements for grants and agreements with institutions of
hi her education, hos itals and other non rofit or anizations
49 C.F.R. 18 Uniform administrative requirements for grants and cooperative agreements to state
and local overnments
49 C.F.R. 20 New restrictions on lobbying
49 CFR 32 Drug-Free Worknlace Act
Other Federal Re ulations
48 C.F.R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that
comply with cost princi les acceptable to the federal agency
2 CFR 1532 Nonprocurement Suspension and Debarment Reeulations
A-21 (2 CFR �
A-87 (2 CFR �
A-122 (2 CFR
230)
A-133
Office of Management and Budget Circulars
Cost Principles for Educational Institutions
Cost Principles for State, Local, and Indian Tribal Governments
Cost Principles for Non-Profit Organizations
Audit
REMAINDER OF PAGE 1NTENTIONALLY LEFT BLANK
DE�P A�i-cement No_ T1 I 34. Attacllment 1=:. Ya�e 1 of 1
_.- ;, ,
kr.
��
:-�
W �y
�- ci
l'J
L � �
� y
�"� p J,
_ R
�� � Y
L �� y
� � a.
o �' �,
z � ,�
a
ui a R+
� W
S �
_ �.
�
�
-�.y�t 1731 Florida QU1T CLAIM DF.F.D.
(Fbom CorpontionJ
�t�1
�. :" M ..:� � �
M � � ... ,1 �. O
x ��
.i.� Ly� '�'-.,7 �� /� �w
L �� � r� f ` ���. �y • �
.5�, � �w . , ���
Y� � � �
�
Exhibit B
�/1�(��r"���`]A1., T�JT�IANX HC(i1LTLMCi. N1 �'47:.�s�c.
`� 7 � 7uII/eCawCirnl Y:�C/.yn.:�s. h�J/�n.tYr
° � - �,�y:l �nr,E.l_U.�3
' D. R. �� l l �-
� � �
�� � ! � �� . �� �a �°4
�
if'harsvcr utcd hcre:ia. the t�rua "prt�ly„ thul! iacludA tht h�ir�.. pgrrnnn{ seprexrrifutirre,
anteeirora an�.t /ur weic n.r u/' [hc rrs�.e�rli��a y��r(i^e HrMrtn; !ht uar. oj fhr sin;ful�v ru�niAer
ihall ineludr !!ie yAsial, und tbr plurufYhe �iny���ln�; '!hr urr n/ ni�f/ �rnr/ir MhnN inr/udi
u!! psnderr: uNJ, �� +u�sd, Nu lrrut 'bu[t" alu�/l inClude all0lu nqtsr psrei�� dKrerif�:rl i/ n+m•r
IJ,4A OM.
JKad e t his 7 th
�etween
day of FeY�ruary
UNITED STATES STEEL CORPOPI�TION,
, �4. D. I9 7 3,
a corporatiorL existins u�Lder the laws of tyie St'ate uf Dela��are ,
part� of t he first par�, and CITY OF CLEARWATER, d municipal corpora tio�l,
whose mailing address is P.O. Box 4748, �learwater, Florida, 33518
--! ' , of the Countz� of
Pinellas and State of Florida � partz� of t�ae second pa,rt,
Witnesseth� that tlae said partz,J of thc flr�t pai�t, for a�n�� in con siderati.nn of
�he sit.rn of ONE DOL�,p, R a d ther va uab ' con i� , c� ����'
in iiand paid Lr� tl�.e ,saa"d par•�i/ a}�ttce secorc�par��tlte re�'ezp�c�i��i�eo�' i•s 7aerel�J ack:ri.ou�l-
ed�ed, has rer�iised, released an.� quitclaimed, cicrtd ,liy thcse pres�:rats cloc.ti r•e�raise,
release arad ryz�•i•tclaim unto the saicl part� of t1r.e se�ori•d pai�t all tlLe ri.��jat, fitic, interr:st
claim a•nd de�rzarcd which the saicG ,�vart� of' tFl.e flrist pccrt ��.a� in cLrti�' to Gtte j'vll.u�virt�b
descrzbed lot , pie.ce or parcel of land, siicca�e l��rc� arLd bein�' irc the CvurcL� uf
Pinellas , State of Flo�2c�a, to wit:
See legal description shown as Area E and Tract C attach�d hereto.
. . •. ,_ ' .. , ' ,�'.. . ', .
;.
. . . . • . , i �: '. . . ; . .. �' `' I
. . . i;:.i". , ..i,'..�'���; . .__ .. ... i
� '� ": _ , - ... : . . • _.._..._.` -.--_..1
. :� . ��•.., _.._...._._�.._......._.. � ........ . .
. . 1 . . . � . � . . . . . . . . .
j� .. , . , , .....
ic� �. . . . � �, ,� , r � � � �-
�, ;. ;, ,� �' . .-.�. .� �, �/'�,ilri�.}�i_�{�. _.'
I � •
! .... �i�i.
�.' t� 1 � f..:, � !. �. '. .. .... . .... _ ., \ i .. . . ' •
�� �.� :�,�.. 1��. � � . . � :, �. . _.
_ �i; , �I' i: .i. .: i
' u, � �.�:. `
I �.
�C.. t�i.Y�Y.Jt ._._ . �"�1/ 1�_� .._...._..""__..""� ...
.����I: . . . . . . . . .. . .. . ,. ��,, ' . . .
I
�
:i t C �.`, n:�,: (; I
PINEILtS Gii i1.4ft1i�A j
l i
w.�t.:.. d� J.i�.,i�.��.- i
CIFRK CIRCUIi COUnI �
F�e 8 � �7 i �f 4'13
/� � � ��
�"
�O �i��'e c`lg1C� t0 .�fl�i� th.e sarne, td�etlzer ivith all ar�rZ Sl3'G�iGZCi-r t,lc�e
appurtenances thereunto belorc�inb or in anyu�isc aJ�p�r�uirtirt�, tzn.c� alL �+Tce cs�uf�,
ri�ht, title, interest und cla�m whc�tsoever �j' f1oP s;a,i�' Tc�r�T� o�' ifte firsi per.,°t, r�itlr,e,• iaz
lxw or equit�rj, tv th,e oni� proper use, bercefzE and I��iaoof of the saicl parz�y of �h�e second
part.
. ,J� �tate of' �'lorida,
County of PINELLAS
u. R. �y9i P�cEi0y4
I HEREBY CERTIFY, Th.a t, on titis 7 th day of February ✓�. D. .19 � 3,
before me personally appecared J. R. DEMBECK and W. H. WOOLVERTON, JR. S��
resident of USS REALTY �c��a�u�������DEVELOPMENT DIVISI�
xoff Assistant Secretary of UNITED STATES STEEL CORPORATION, d corporation
uz�der the laws.of the State of Delaware � , to me knowrc to be the
p�rsons described in and who executed the fore�oin� canveyance to CITY OF
CLEARWATER, a municipal corporation,
and sev��al6y dcknowled�ed the execution thereof to be their free act and deed, as
such ofjicers, for th,e usea and purposes t3ierein mentioned; and that tyie� afjixed
thereto tjie o�icial seal of said corporatzon, and tlte said instrurrtent i.s tjie act and
deed of said corporation. � ,<;' .
WITNESS rra si nature and o `�
y � �jicial seal a� Clearwate�,' •'`' �
in the County of Pinellas and State.� :�Rlorida, the day dnd
year last aforesaid. ' ,,,,,,.,,
,• • •,,
. ,,
, .\ ` ` '.. .`' '.y`;`� ;:
� ', V
.A�ly C,om�n.issiorc �xpires Nut-ary Pu .�a: , �' c•• �`'� • ;
_ . --. .� . �,
NoWry public, St.^.te ot Flonda at larKe
�uly Commjssipn �xpires Aug. 1, 1974
Bocfded by 7ransamerica lnsurance Ca
C
��y
R
�
�
• "�" • . ,
' . �' ��.� �� •
•, �, '� .`f..;. ;. ,>
,.,,����,,,,,.,
�
w�
O
�
n
0
�
v
O
�
A
-�
O
Z
A��
��
f
�
eiww�
'���� ,.
r-
.�
ar.
� �
� � '� � ' ' ' � o. k. �39Ji PbGE�O�S
�,,
i �� , � �' i ..
�
r� r
UNITED STATES STEEL CORPOFtATION TO CITY OF CLEARWATER
0
• i
. � ,
Area E ' • � . ��
. i
Sand K ey • " •
� , � • . .,
That part of Sand Key in Section 17, Township 2� South, Range 15 East, lying
North of follo�vin� described •line: Fi-om the sou�thwGSt; corner of Sectioii 17,
To�vnship 29 South� Ranoe 15 East, run N S9° 1C�' 31" E; 8�3.�7 feet; tl�cnce
run N 4Z° 13' 31" F, 1, 983. 25 feet; t}:enc�e r'un IN �7° 46' 29" �Y, 50. 0 feet;
thence run along a curve to t��e ].eft having a rad�us af 1, 859. 86 feet, a cord
bearing of N 31° 47' 00" E and corcl distance oi 674.�17': thence run
I�I G8° 39' 3Z" �V, 200 feet; thence run alon� a c�lrve �to. the left havin� a
' radius of 1, 659.. 86 feet, a cord bearin� of N 17°' OS' 32" E, and a card
length af 243. 07 feet; thence run N 12° 56' 3b" E, 1l0 1eet, to t1�e Point
of Beginning; thence N?7° 00' 00" 1,V, 1, 00� feet + to the mean hi�h v�atei•
line of the Gulf o£ I�lexico, and Point of Ending; �ontaining I0. �7 acres
more or les s. �
Tract C � r .
Myrtle Avenue Right-of -�'Ta � , � . ,
�
i3egin at Southeast corner of Northeast 1/4 of Sec;tion 21, To�vnship 29 S�uth,
Ftange 15 East, and run North �'�00'i- along East ,l�ne of said Section z� to the
eastcrly extension af the South line of Lake.Belle+;view t�ddition, as recurded
��in Plat �iook 9, Page 1:1, GI Public Records of P;.incllas Cou::ty, Flori��i4;
thence run West alor:e said e:ctensiori and the South ]ine'to th� East rinht-cf-
�vay of Seaboard Coast Line P�ailroad; thc.nce run Southcasterl}• alu�ig sa:d
Railraad right-of-�vay to a Point of Intersection with th� South Line of t:ze
NortheastQuarter {�iE 1(•�} of saidSectior, Z1; the�ce run.East �iong ��id
' So•ath line to the. Point of Beginning� �
;
. A I�,rD �
F3egin at the Nortneast corner of tlze South�ast 1/,4 of Secti.or_ 21, To��RShip 29
South, Rand° 15 East, and run South alon� the ��.st iin� af sai�i Section ? 1,
�'� 660'+, thence run �;'est 115'+ ta trn E�st ri�ht-of-�•-ay iinc• ��f ti:e :�_aovard
-- , .- --. .�.._,�._ .-,�r t;,,� tn
� {•��^,. , vvv.._�
i'' .•.FEE SiMYLE DEED — Wes1 Coaae Tido Co., 56 Palenburp, Florida
0. R. 1J�U PdGE v.:.�.
. . Y..-- OEFICE COPY.
�1�It5 �I1tt�P•11"�'1tYE� Made fhis 315t day of Oct ober A. D. 19 62
BETwEEN EU . C. N'R IGHT � s ing le
of the Counry of � Pine l la s a�d S�a�e of F 1 or ida
party oi the first part, and CITY Or CLL'AR14AT�R� a municipa•lity existing
under the latvs of the State of Florida
of the Counry of Pinellas and State of Florida
part Y oi the second part, � .
WITNESS�TH, that the said part y of the first part, for and in consideration of the sum of i 1. 0 Q f�
other consideratio�s
to h lm in hand paid, ihe receipt whereof is hereby acknowiedged, ha 5 grenied, bargained,
sold and transferred; and by these presents does grant, bargain, sell and transfer unto the said party
of the second part and it S heirs and assigns forever, all that certain parcel of land lying
and being in the CouMy of P1TIC1185 and State of Florida, more particularly described
as follows: ' .
Beginnii�g 40 feet South of Northeast Corner of the South<<�est
Quarter (1/4) of the Northwest Quarter (1/4) of Section 22,
T�vp: 29 So,, Rge. 15 East, run t�'est 465 feet, South 880 feet•,
lVest 195 feet, South 260 feet, IPest 660 feet, South 14U feet j
East 1320 feet, North 1250 feet to I'oint oi Beginning,�said
parcel'containin� approximately ei�hteen (18) acresl
SuUject to all existing easements, rights of taay and sper_ial
assessments and subject to taxes subse�uent to the year t961,
The above described property is deeded to the City of Clearwater,
Florida for Park Purposes,
This is a deed of gift and na actual considexation�passes, i
' C/� �"' ` I�J-� 1 C �r � f, �J i^� ��l..1 t'I .
: J � DOCUMIcN'iA�"• STADIP TAY.
z p - NOY'0'6� "���� ' _
� V ' �'-'+i�-�:�' .� : � �.�. C =
. '.:I �urrr.c_�ea a>.:�ri. -
F!V.13Ci24 =: °Q'_.�-.'-�
v m ^'r
�c� �
�o. `
KR
J'�'.'n'1 i�'Li
n" .
x�
mr O
� �
oa N
L�� Xy
f) C1 �
m' �
�� �
xa tv
TOGETHE� with all the tenements, hereditamants and appurfenances, with every privilege, rigP�i,
title, interest and estate, dower and right of dower, reversion, remainder and easement thereto belcnging
or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
IN WI7NESS WHEREOF, the said part Y of the firsf art ha S hereuMO set h 15
hand and seal the d•ay and year above wri!len. � �
Signed, Se led and Delivered i,n Our Pr,� sence: / ��
� _ � {�! (/
�
---------- -------- -._.__i`'�j.�..�� �/�,fl�-f� ---- - �- - - --- ---�- ---���al)
�y - -^---- .. . . . . . ...... . _ .
------- - -•--
-/�gzG��c_-..�C�;�i?%.t��-�=''�"---° --------------`------------------------------..__.._(Seal)
-----------------------------°-------- -- -----•-•---------°-----------•------°-------�.__._._..iSeal)
-----------------------°-------••----------°----------°•----------- ------•--•_---------------------•--•-----------°----iSeal)
�S. G2-/2o — 0,2 �,fy� '�
A� �M 10•GG CqIStOM�L YIIINTING ECAVICC
• PS ,S-Z�
�j �
ly'
• � � -X&' �,;.,
. ' . �$�5'"'
, � . . -'t':�_.
r . �
F;r ��>: �r,�x;�t; �R lS`46
. �....____---___._..__._ P G S2 3
Y.7�. c � _ 12C
� . �p�E� ; o R t s��
IiHE�7T'A,�'+. l::ci C. �'i ri�h:, :::;��ir� tle:: n;:e3 ior addi�ia:�al pa�:� `s� �
a:cas, iia3 genaxcusly givcn �a ilie CirS� oi �lear�f��:Lr a tr�:ct cf la:.d fur
par;; 1%L`_I)036`G Y�lk;cl i� c:cet:s cf ; 15Gy C�JO; and
Z'lHi::i.EA�, t�� said :�$ C. l'Ixi�3:t is a�ione4; resi<?eni of .ia.^-.
.f,ox��ity of "L�inella.c �and hs.:s co�:._ihtYe:l i±•�.::?.ly to t`:� �rotivth o; this are•�;
ar,J �
' 1;�HF.IiI�1�5, t;rae Gity c�f Cl::.�. _tiv.�.,tt+^ is a,>;��eciaLive �f�ihis rm::�,I;ic•.::�
F;izt a�.c,d::aires 4o.dedica:t=: t?;is tr. c2 �f 1<:�.cl for public par.c ai±.l recr�;<.t5on:�1
, ;
.
�;rrpo�cu tu hanor k; 1 C.: t:ri�'i:t ry ,:��.r_-:irat; tI:L �aaac icr hi•rn;
PTQoI� :C`F3�:�`:-� �'C,}"r:� �� Ii. l.:i:.�Cii..l��» rY 7Cf-t�. C:.`iY'
GOi�1�.iT_;..=S�J:�; O< i'#i;: GIT: C�:'' GI.,GiLl i','AT�:i:,
' T'�I��.ii �i)t;.� u`l �:;;: !�'sTi1� �iili�.�Y i�i?'�.:i� iti^+:iJLnFcS��
�i��f:lid4�.i�.+�u�� .�:V J:��wl �11JVY::.
1. J.Y21i: �Sl^ IP��O�'.�i_'}u CiCCL: 1�C1': p� �;:erty ir, Yi�raLy � 34ei�.uLGi7 c.^.
c^. D4ti�lC �'3=�.G Ail�� tOr zecrcai:iaxial ;r,usj.��'J:�.^..i .fOw �i .' S3;7C c'2TIf.l �i:213S�% Of u2:) f
� ci2i: e.�s :�i L'us City ef Cle�.<ri� tar, X'lo:lCiiA: :
fie�iaarzi�.t�r -'s4 f�et ,`:i::::ti� cii ttio:-ii3:aa�S C.asr.c:r c,•i t?�e: /�
� Sou�h�a-eet�u�.rYex o: tiie�Iio�•tuivr:,: �uzxY�.�• oi: Eci=�n �,�
22, Ta�:•n�hi� 29.'-;aui:h, 1:.aa4c: l5 �•ast. r.un �'Tee4 +��ri ly
feai, Sc�sih fiBU i.^.�t, i?es'� 1 �5 �sci;, So.ith 2i,U ic:�t,
�°%CS$ Gu0 FvC2, SC�:t21-h 3-�i? i::C•.i, =.�.,3, l3.'.G fc�Cai. i':�s'f.}:
I2ciO iC:CG% �G L�OiZi Oi �.'�'.•?f�l:lk'i7.11v� _. :l,l h;l_C.t.i C:G22t.:i�?i:i�
al;pro�.i�:aatel�� ei„IICL::r �13) ac�::s. ,
2. i?^.at ::�i�3 y:xrl: ia 'r_ercby �c�i•?r.aGed a_.d r_a:r.�a 'i:.D C. li%';'��i:;'T
PA.?.L{-' �L!i chall hvry�e_'. �tii h� l.:o�::n a. d±�eferr�l to t�y Li+..Mt n.`�::=e.
3. TI�at a d.u;li�at,; ozi�ins�. oi t':iic� �i�so?nti�n 9?::tll he de:live;:e;.'i t'u
th�• s<?� I�d C. '�dri�;l�t.
PA�S�� F.N1� 11L�0=''TED il:an • 5th �+�3. UF T��JV�:nber, A. D. 19u2. .
/s/ %_obcrt L•. tY��.'r_�r2y
p.i�yox-Co:�.'r_�i :,i�n<.r".r.—
lait:: �..
%S� 2:. .f'i. �1�I1�Y�.;1C<tl
CiCy Gicr:: ~
� � � I . E�G� � ►� �..,. /-
• � - - -
- ,---- -. __. .... ... _ ..__. _ ....: . ...... .
NE RIN �
' '� ��'��'`"� PRINTL•'U DY LAWYEfiO' TITLE GUARAN7Y FUNO, OIiLANDO, FLOQFF�CE�COP :r�, ����,
,_�.t�, x.,
� . v, O.R. ��._.. PAGE ��:c.Z
���������,} � �-,�14��� ;- �� Ra�Lit•r n. rnL�:z�c
El w-}]j'(]��� "t�• , r�l'� �Itmrncy at La�u
;j.U,� �.. ib� � � J.F:CA4ltU1LUtNC
CLL'AIt�'GATER, FLOIUDA
STATUTORY ' �
� tu Jni�enlurr, ri�a� a�;� �' �
� . �le -�' ciay of . J�nuary , A. D. 19 $� > �Y�IUYYIi
t:�alter 11, Freezc a�d Estelfe B. Freeze, his wife, �
of d�c county oE Pi ne 1! as , State of F i or i da , part � eS of tlie first p:�rt, and
The City of Clearioal:er, Florida, a municipai corporation,
whose post ofGce address is
of die County of Pi ne ( I as , in the State of F l or i da , nartv of the second uart.
�[tltPiitaff�, That the said part ies of d�e first part, for and in consideration of d,e sum of
---------------TE��------------------------------------------�ollars,
and other good and valuable considerations to them in hand paid b}• said part y of dic second part, thc zeceipt
whereof is hereby ackno�vledged, 2ia ve granted, bargained and sold to tl�e said part y of d�e second part, i t s
heirs and nssigns forevcr, the following descsibed lAnd, situate, lying and being in the County of Pi ne ! f as
in the State of Florida, to-�vit:
/!� Q � �p �� f: �'•��'i ` �: : i
j�% �, 7he �orth one-half (N1) of the Nor,thl•lest� ' .
« � • ua.rter (�1Jti�.of the Sou�hl�lc:st quarter � �
�Sldy� of Section twenty-two (22� Townshi . � �:
. ti�enty-n i ne (2�� Sou{:h Ranc�c F i fteen ( I$� -
East, Pi ne I I as Couni:y, F I or i da
•. Sub,ject to a!1 restrictions and easements
of record.
Th i s property, sha ! I be usecl f'or c i-l;y �arf: and recreat i ona 1
purposes only9 but in no event shall said property revert
to the Grantors for any violation of said r.estra.ction.
���
i.i .
�� i
._;
�.- , .
�
and the said part i e s of the �rst part do hereby fully warrant tlie title to said land, and �vill defend the
same agau�st the lawful elaims of aIl persons whoinsoever. •
.�It �tt2lPSti ��E[Pl'PIIf, The said pazt i e s of the first part have hereunto sett he i r liand s and
sea� the day and year first above written.
Signed sealed and delivcred in our presence:
//t%�6-G�..� .J�'�..1 ��!L�7r�'Seal)
• ,r �^ /
�
� .,. , J''� • �.�=Cr.".�'��' r.r�. �2.�.:c:.::r .'� �Seal)
, '
] ' —( Seal )
3 ( Seal )
STATE OF F�L_OQ { D:1
,��N��"�:' PINL-LL�S
',:s;:��••I�FZ�Ii�:EY CERTIF'Y that on this clay bafore me, an officer duly quali&ed to take ackno«�1ed�menLs,
`;:;personallyap�ieaxed ldalter l�. Fr•eeze and Esi;elle 6. Freeze, his wife,
ti;1 i t,,; �- •r' .
:,.,; to rNe-k-no�vn fo t�e the perso� S described in and who executed the foregoing instrument and have
.=;..3,3�now2ed�;ed�beFore me that t hey executed dic same. -
,=.��'' •. �• X'ltI�'N�$S= my hand and official seal in the County and State last aforesaid this ��`� day of
• �1�nua�r.y��'• . 19�5� .
Notary Public, State of Flor.da at Larvc
� My Commission Expires Gct. k5, 1'�:?
' � IV1y COtl1l11i55iOn CxpitCS: Bondmd by Americ:m S�rety Co. cf N. Y.
Notarv Public •
Filed this day oF A. D. 19 , at o clocl M., and Recorded in
i
Deed Book at Page . RECOR7� V�RIFIED _
Clerk Circuit Court, Coun.y,
r�x: � D�I���h• c���,-�:
. . . . . _ . _ . . ..._ . .. ,/� . (��5 .C. f � � ? .^ �
i
�
�
. , , �il'�}Il Chg ):�� �,::.:�_�
_ '.� e. e e � r.zTURN � o
�;�- -...'<I US._'�.� 40 P�C�..��2�.. CI1'Y CI.ERS
SS Pos_ P. O. �OX 4T48
43 Int .. � f---Totai Q�O o^`a CJ,EA::�VA'1'F.T{, 1�I.A. 33518
Tot
�arr�nt �eed csrAT�TORr fog4s2T3� a93�.S.�
y
�his �JnDenturr, Mode ,h�� .� �"
GERALD R.. CUSTER, TRllSTEE
of �h� co��ry or Pinellas
CITY OF CLEARWATER
doY of November
s�a�e oE Florida
whose post osfi�e oddress c: Post Office Box 4748, Clearwater, 33518
or �he ca��y o� Pinellas �, s�o�e of Florida
,�-7 Nsc-�SA,.,, . >.�:�;�
This instrument wos prepored by:
ELIVOOD HOGAN, JR. , F.SQ.
BONNER & FIOGAN, P.A.
Poet Of�ee Box 1640
618 S. Myrt�e /lvenne
CLEARWA'PER, FLORIDA 33517
iv 84 . �riween
grantor", ond
-� ---'''`c'- _• - 1'7t:;.3z
y• � ia GS
" , grontee•'
iu"Tr_ _.[5 �hSH
�i2ttrsartt�, Thot soid grontor, (or ond in considerotion o( the sum of
-------TEN AND 00/100--------------------------------------- oollar:,
ond other good ond voluable considerotions to said grantor in hond paid by soid grontee, the receipt whereof is hereby
ocknowled9ed, hos 9ronted, borgoined ond sold to the soid grontee, and grontee's heirs ond ossigns forever, �he (olfowing
deicribed lond, sit�ote, (ying ond being in Pinellas County, Florido, to•wit:
From the Sti4 corner of the NW 1/4 of the SW 1/4 of Section 22, Township 29S, Range 15E,
run thence N 0°19'S5" �, along the section line, 210.0 ft.; thence run N 89°23'SO" W,
parallel to the North right-of-way line of Woodlawn Avenue and to Point on the East
right-of-way line of Old Tampa and Gulf Coast Railroad, 43.35 ft.; thence run N 12°
40'O1" W, along said railroad right-of-way, 14.42 ft.; thence run along a curve to the
� right and said railroad right-of-way, chord bearing of N 8°02'O1" W, 229.03 ft., arc
of 229.28 ft., and radius of 1417.69 ft.; thence run along a curve to the left and said
railroad right-of-way, chord bearing of N 6°53'07" W, 176.00 ft., arc of 176.12 ft. an3
radius of 1447.69 ft. for the Point of Beginning; thence run along a curve to the left
and said railroad right-of-way,.chord bearing of N 11°04'40" W, 35.74 ft., arc of
35.74 ft. and radius of 1447.69 ft.; thence run S 89°23'SO" E, parallel to the north
right-of-way line of Aroodlawn Avenue, 660.60 ft.; thence run S 0°19'S5" W, parallel
to the said section line, 35.0 ft.; thence run N 89°23'SO" �9, parallel to north
right-of-way line of Woodlawn Avenue, 653.52 ft. to the Point of Beginning.
Subject to restrictions and easements of record.
ond soid grontor does hereby fully worrant Ihe ti�le to soid land, ond will delend the same agoinst the Iowl�l cloims of all
persons whomsoever.
i"Grontor" ond ��grantee' ore �sed for singulor or pl�rol, as context req�ires. .
�Ti �[ICtP98 �hPiPY1f, Grontor hos hereunto ae1 gronto� �hond ond seol 'the doy ond yeor.first obuve wrinen.
Signed, seoled ond delivered in our presence: j ' -�"�
/ %
i
��:t-¢.�..- � . t•` � �' (Seal)
TS . �'I:LStBF� c :rustee °
G � rr l � �:,T�.�: 1 (Seol)
-7-� a--s-�-�
Y S-'��-� _ —
Ooaiment:r� Tax Dd. f.. , r,r : .�� �
. IrKaer�+:+'�+�-�.T'.-".=�� 't— (Seol)
y... , �
� ' Oc'Bl�ker, •C�i��r�r i.n--el:as' CCUntt „�� � ❑ I �� 2u � � � �'
.. .......
' �'����E�./!�•��"`:"rlt � J { (Seal)
>
STATE OF FLORILIA
couNrr oF PINELLAS
I HEREBY CERTIFY Ihat on this doy before me, on olfi:e� d�ly quolified to take ock�owicdgments, personolly oppeored
GERALD R. CUSTER, TRUST�E ,,..,�..... . .
to me known �o be the 9 y �•'.
person described in o�d who execuled �he fore uin �nslrumenf ond ocknowledged�tieo�r•�nc.�ihor
he execuied the �ama �� � . � ' � - `�.� '•
WITNESS my hond ond otficiol seol in ihe Counry ond Siote Ias1 alore�oid this � doy ol NOVPIII�E}T �_ ::
19 84 ,. . . _' i! �• ��-
�/1 ���......---��� ��_ � . U: :
_ � / �•.- � �� , �Sa.�-�.� �. , -- _
My commission expires: NQtory i�u61iG i� �',
rr _._ ' — �.' � _ -
�rotd c tr s �^ .
+Y � ��, tate of flonds
'•'�'y C.............. :xy:tes l,:�y 21. 1485
.�Cead.a ihrv 7ror iun � �n:�nes., �nri .yp'
C%. �:II t-�(.%7��/1�/
9�.:a�,o� //��6/f�5�
� �
, • j h � � .. •. a .
�
N
N
�
7�
�
/
�
o. c. 58�30 �:,�; ' 342
�
�
NOTE� This is not a survey!
C. B. = N //°04 �40�W
C=A= 35.74�
R=/447. 69� _
. u � .i�.�
�
� a � .
, �.
a
� ENGINEEftiNG �tYtSlON CITY CLERK
. OFFiCE COPY.
� � . �.r�sQ�.vra�a� G,�. -` U��;�'>
�r�. � � . a� `7� � . . C:> �:��c.-�
' � �EEn = o •2. S. �!
YiG�{.+I�i}aAtiY� r?is G�ey af Cie�rv�at•.:r h�a m�tc�a ar�raag�s��i�nCg t�
t�cquSrch Lor ih�s �tqe of ittt Giti�tr_nty �G Es, �stab�.ic Ft�st�. r.arir►Exs Arvp�z•cp a�
I�m�ir��s!'tctr �C�er:bc�� xn�i. . .
• �7i��'.Yli',h.�� thct xaicz f3.a�s 1:. I�ortoss �:ats �csr za��ay �rea,rv;rua, .
r,
v:�tsx�cti�r� ,�iE��e ia�cte� �.xa.:: re�a[cSe�c ctE 4he� Gfty af Cie��.��tar, vn�aose
J
sar�ricde' �o th� Gbtp �r.,:iudeu. e.za�ng r.r.;cny otber th6�z�s. �a laa�;-LL��ne �
eti�rrC tts r�a�ure ss F:u�;Iir p�� !ar tho Cit�- in tae gr.no�r�l eir�� in r.�2�ich ,
d:sici proyarty i� 2c� c.�e�� an�, ,n
� V;'�:1�.:i.I:f,;�. �t Lcs ctatsixec! i.�i �ta�4.iar..te �aL� aare�: ir,x i��t�2:� l�ark
,. �tIIt� 3'�CTO�;C'li� �!UF�GOSS� Sli:i to h��xcs� t4m rr�wrc�ax�y ot .�.a�� �. t,crt�:s
*�y �ssm�n�; tisp a:�sx+,� !'a� }3im�
�i� �5��� '�'T��:.:�.£i".GIZ; . ��: �i �tF:::'.aT�YI;:?� S3'�► �'I"sF ��'�'� .
, � �����t.�z,��a�:��a� w�� �x��3�; +c�x•�' �� cr..��x;�rh�.�:M,..
sz..u���:�s�, �.�ti Z�:.s:��arr ��v�,x �t��ra �.�c��t�.�.s��.r
lt�3�i:'.u3E�L!:;a%, : ..�`, x'i��1.�5'•°�: .,.:
!. Ti��t tt;c ��aitv�si�.� dee�r6.bac� �xo��rsrty is horeb� dGd;cteS�cE
�� ,a gublia pt�rh. r.n�? t�z res��� 3i,c�i� Fiucpo-a�a £ar tt:� u�a aa� t�oucf.t '.
. i'�
F�
�i
i;
t; ,
�i
1�%
�
�
�rj/
L �
ef �iz� ciCl�e.n�o ta� t�� G.dty +a� Glea:�ca�e:�rs . i '
' .. I
�]YG NosZiz !%L oP Y:arth�v�st l./�G c�t �a�zt�+e�:��k . • �
''� . 2/si oa ��at.s�h L�, To�s.�m�.iC 2� �Jtli., k��r.,,e {
1S� l.'�i�C. �'.nalla$ C:auTiip, � lot�;d�. L�„�S ,A2�� �
�:.'tiC:: F�'x' ic��t Fa1�a�rrir.�;: I.+oy;ta 3t !no $OUEi�3teaC • ' I, �
car�tar ol 4��a abov� cf�acrde�ed prc;=�rty�, th�r_c�s • � j.f
I�ZoaJa pl��g �ai� }}soporty l.fz:� i�^ f�,et. L'�ence� j
1'+'ast 1S� tc�.t, ths::ves �out� ls� €eat, tt�cn�e I �
�'aac 15� f��� t� t4r•, �e�:at a: i�q�in:�Srs;. � ,
2. x�iat a.�i.c; paarx LC SiL'XE`�aj C1981�(flE1L`6iti 83�C� T2:iA:�tl ;Z�Q � jL�i:3J �,
t
�U'. SvCURI`G�N i:AI`��:�', en� ��;;�I 3�csnawfArth be 2�x.�v�n �.�z� rof�rr�d to hr ;�,
t1�aC n.^..mq. � i `;
��
b'A�:.�iELt .l�:..`ti:D ADLSI27:Ei?� t�ti1� ?,•,s c,'.:�•y o£ 1'.p3'i3., iS(�l. �,, �
.
AfEsaf:
�i�sr- +�or—�i�iT7.{!?�yf :ar--�-�«-�
Li;ij/ ii3bE�'
0
/� / Ftobert L���•'eflt(i�r�-
tvir:yor-i:arazraiesso;�ar
'�.
�J
I
.� a. � , . �
. ..
CORBETT � A
z Q
o �
cn B
�
�
Q
x
� LAKEVIEW
e� w
J
D Q �
� ,
E
MCLENNAN MCLENNAN
BELLEVIEW
WIL�DWOOD�
�
Q
_
3
w
'� p o �
ti � O �
(a Q
u�
U
/� �
� TUSKAWILLA
� �
} Z
� �
w
s,�,
0
O��P��y ��
i_
�� �
Q �
�
z �
} "
O U
� Q � � Z Cy
� O �j
m uUi ~ a
�
z
O
�
0
c
� Z
o SOUTH �
x
F- U
�
Q
�
�
J KINGSLEY (�
� ��
Q
a QUEEN
QUEEN �
�
HARVEY ALMA �
�
�
HARRIS �
WILLIAMSON
WILDWOOD
z
O
WOODLAWN Q w
z c� ,�
� O U �
� Z Q �
= NORTH
� � �
Driving Directions (from Tampa)
Proceed west on SR 60 (Courtney Campbell Causeway)
SR 60 turns into Gulf-to-Bay Boulevard
Take left (south) on Keene Road
Take right (west) on Lakeview Road
Take left (south) on South Martin Luther King Jr. Bfvd.
Site is located at the intersection of Lakeview Road and MLK Jr Blvd.