OPEN SPACE LAND CONTRACT
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METROPOLITAN DEVELOPMENT OFFICE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PEACHTREE SEVENTH BUILDING, ATLANTA, GEORGIA 30323
Room 645
REGION IV
May 27, 1971
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IN REPLY REFER TO:
4GM
Mr. Jeff Butler
Administrative Intern to City Manager
112 S. Osceola Avenue
Post Office Box 4748
Clearwat~r, Florida 33518
Dear Mr. Butler:
Subject: Contract for Open Space Land
Grant No. Fla. OSA.78(G)
Project No. Fla. OSA-78
Enclosed herewith for your records is one fully-executed counter.
part of the above-identified Contract.
For
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homas J. Armstrong
Assistant Regional
Administrator
Enclosure
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UNITED STATES or AMERICA
DEPARTMENT OF HOUSfNG AND URBAN DEVELOPMENT
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CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN SPACE
PURPOSES UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
PART I
Project No. Fla. OSA-78
Contract No. Fla. OSA-78(G)
THIS AGREEMENT, consisting of this Part I and the Terms and Conditions (Form
HUD-3180b, datedp-69) forming Part II hereof (which Parts, together, are herein
called the "Conttlact"), effective ()n the date hereinbelow set out:, by and between
the CITY ,OF CLEARWATER, FLORIDA (herein called the "Public Body") and the United
State. of America (~rein called the "Government"), WITNESSETH:
In consideration of the mutual covenants, promises, and representations
contained herein, the parties hereto do agree as follows:
SEC. 1. PURPOSE OF CONTRACT
The purpose of this Contract is to provide Federal financial assistance to
the Public Body in the form of a grant of Federal funds (herein called the "Grantlf)
under Title VIIi of the Housing Act of 1961, as amended, for the purpose of carrying
out a certain open Space land project (herein called the "Project") am to state
the terms and conditions underwhicbsuch assistance will be extended.
SEC. 2. THE PROJECT
(a) The Public B~y agrees to undertake, carry out, and complete the
acquisition of fee sim,le title in that certain land located in the City of
Clearwater, County of Pinella&, State of Florida, and more generally described
as shown on the Exhibit A attached hereto and made, a part hereof by reference.
(b) The~blic Body agrees to r~tain said land, as developed, for permanent
open space purpOses and the open space use or uses of said land shall be for park
and recreational purposes, conservation of land and other natural resources, or
historic or scen.ic purposea.
SEC. 3. THE GRANT
In order to assist the Public Body in carrying out the Project, the Government
agrees to inake a grant to the Public Body in an amount equal to $213,875 or 50 per
centum of the eligib Ie Project costs as determined by the Government, whichever is
the lesser.
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SEC. 4. RELOCATION CRANT
Not Applicable
SEC. 5. TIME OF PERFORMANCE
The Public Body agrees that it ~ill complete the acquisition of the open
space within 6 months after the date of execution of the Contract.
SEC. 6. COUNTERPARTS OF THE CONTRACT
This Contraet may be executed in two counterparts, each of which shall be
deemed to be an original, and such counterparts shall constitute one and the
same instrument.
SJOC:. 7. CHANGES APPLICABLE TO PARt II HEREOF
Tha following, change-s are hereby made in the attached Terms and Conditions
des ignated Part lI" hereof:
(a) Wherever there appears in the Terms and Conditions, Part II, of this
Contract any reference t'oor any provision directed toward demolition and/or
development activities on open space land acquired as part of the Project
authorized hereunder, such provision or reference shall be deemed to be sur-
plusage, it being understood and agreed by and between the parties hereto that
the pw~pose of this Contract is to provide for Federal grant to assist in the
acquisition of land for. open space pa"poses.
(b) In Sec. 106(B) ... Labor and Construction Provisions, Competitive Bidding _
of the Terms and Conditions, Part II, of this Contract, the amount of $2,500
should be delet.ad wherever it appears and the amount $10,000 substituted in lieu
thereof.
SEC. 8. SPECIAL CONDITIONS
(a) Deed Restriction: Recordation. The Public Body agrees to have prepared
and recorded in the-appropriate Land or Deed records for each open space site
contained in this project an appropriate restriction indicating that the site or
any interest therein may not be sold, leased, or otherwise transferred without the
prior written approval of the Secretary of Housing and Urban Development, his
designee, or any successor thereto. This restriction may be recorded in the Public
Body's deed or deed8 to the open Space site or in a separate instrument, provided
that the method uS.edgiv8S constructive notice (or the equivalent) of the
restriction.
(b) The Public Body will abide by such land acquisition and relocation
policies as have been or may l.)e. hereaftet' established under The Uniform Relocation
Assistance and Real Propetty Acquisition Policies Act of 1970 (Public Law 91-646,
9lst Cong., S.l, 84 Stat., 1894) and regulations and procedures issued pursuant
thereto.
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'i)"! ~r.l.'JN.:.'~)S i'n,'\::RE(iF~ I:h"j Public h,,:; cl'd,<~d ;;h1.1, C",',t:'Qct L' be' dilly
(:):(\'2i)j_~)d :'cn :It,:, bl'bn1:f: 1.1.',(1. :<1:::; elf:,;] <-(I t,.:. 1:\(;""'.';:':0 .:,Fr.i:w,:,:;.:,! nttcet,':d, und,
t' (' . ,. - " "
"'v',~""""l'''''''''''' ,'.,r "C'",',." ~"'" '"'''J''' \'1' I"..,
'," J"(';'ci;::.:/";jf""'c, "5N\'~.'" ",-",., '. ),
,-......!"Qc......____ .. ~--_~~\_\J 0--'-'--'-~"'-"-"'--' s
d'"lly f::;j;:e,(~L1ted
1971 .
i 1'1 t L s
re0.fter,
behalf' thi~
( :;EAL)
LO:\. IDA
( Signatll~~-)-
M. R. Stierheim,
City :[\1;11';\[';(' r
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(I:Cy'pc Nc.rnc~ rt.'.nd T'1. t 1(3)
ATTEST:
mUTED STi\TES OF AHERTCA
Secretary of Housing and Urban Devcloplff.Htt
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OPEN SPACE APPLICATION
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CITY OF CLEARWATER, FLORIDA
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OS .101: LEGAL DESCRIPTIONS
1. Kings Highway
z. DelOra on Tampa Bay
3. Haines Road
4~ Coachman Property
5. N. E. Coachman It Coachman
6. Avalon to Kendall
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OPEN SPACE APPLICATION
CITY OJ'eLEAR WA TER, FLORIDA
OS 101: L~al Descrtpti01l8
1. KINGS HIGHWAY:
Begin at theSouthwe.t corner of the Southwest 1/4 of the
Southwest 1/4 of Section, 2, Township 29 South, Range 15 Eas.t,
and. run N. 0008117r'We.t 663.07 feet, thence run S. 89024'31-"
East 33. o feet to a P..a. M. for a Point of Beginning, thence
run N 0008' 17" We$t, 341.08 feet to a P. R.M., thence run
S. 89024'31" East 6'3. 13 feet to a P. R. M., thEnce run
S 0007'59" East, 341. 30 feet to a P. R. M., thence run
N. 89024'31" .West 633.10 feet to a Point of Beginning.
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OPEN SPACE APPLICATION
CITY OF CLEARWATER, FLORIDA
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OS-101: Legal Description
Z.Del 01'0 Groves ~n Tampa Ba~
Lots 179 through 187, and Lots 272 through 280, Del 01'0
Groves Subdivision, North 1/2 of Southeast 1/4 of Section 9,
Township 29 South bDge 16 East, and Northeast 1/4 of
Nor,theast 1/4 of Southwest 1/4 of Section 9 Township 29 South
llange l~ E., PmeUa,aCounty, Florida
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OPEN SPACE APPLICATION
CITY OF CLEARWATER, FLORIDA
OS-101: Legal 1).sc:.r\P~i~
3. HAmES ROAD
Begin at the Southw.eat cOrner of the Southeast 1/4 of the
Southwest 1/4 of Section 9~ TOW1Ship 29 South, Range 16 East,
and run N. 00 11' 02" East 667.0 feet, thence run S. 890 26' 14"
East 668:73 feet toa P.R. M. for the Point of Beginning,
thence run N.Oo 09' Z3" East, 666.. 92 feet to a nail, thence
run s. 890 24' 32" E:aat, 668.40 feet to a P. R. M., thence
run S. 00 07' 43" Weat, 666.60 feet to an Iron Pin, .thence
run N 890 26' 14" W.st 668.73 feet to the Point of Beginning.
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OPi,:N SPACE APPLICATION
CITY OF . CLEARWATER, FLORIDA
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05-101: Legal ~scri.ption
4. COACHMAN..PROPERTY
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Being that part of the Southwest Quarter (Swt) of the Northwest
Quarter (NWt) of Section 8; Township 29 South, Range 16 East,
lying North of the right of way of the Seaboard Coastline Railroad
and East of the right of way of U. s. Highway No. 19. Being more
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and partiC'li1larly de'scribedas follows, to wit:- Commence at the
Southwest corner of the Northwest Quarter (NWt) of the aforesaid
Sec. 8, Twp. 29 So., aanse "16 E. and run N. 0054'45" E. -412. 77
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feet along the West Boundary of the aforesaid NWt of Sec. 8-29-16;
thence 5. . 81005'45" E. ..121. 18 feet to an intersection of the. North
Boundary of the Afol.esaid, Seaboard Coastline right of way with the
Eastern right of wayli.ne()f the aforesaid U. S. Highway No. 19 for a
point of beginning (POB). From this located POB continue S.
81005'45" E. -12S0. 68 feet; thence runN. 1010'4111 E. 1119.79 feet;
thence N. 89035 '27" W. ..1263. 79 feet to the aforesaid Eastern right
of way line of the aforesai.d U. S. Highway No. 19; thence S.
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0054'45" W. 232.94 feet; thence S. 89005'15" E. -'10.00 feet; thence
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thence S. 0054'45" W. 201. 89 feet to the POB and containing 29.499
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acres more or less. Bearings shown hereon refer to the Pinellas
County Grid System.
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I; OPEN SP~CE ~PPLlCA TIfN
CITY OF CLEARWATER, FLORIDA
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05-101: Legal Description
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5. N. E. COACHMAN &: COACHMAN
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A parcel of land lyin. in the North 1/2 of Section 7, Township 29 5., Range
16 E., Pinellas County, Florid~ and being more particularly described as
follows:
Commencing at the Southwest corner .of the Southeast 1/4 of the
Northwest 1/4 of Section 7, Township 29 S., Range 16 E.; run thence
S 890_56'-25" E., 954.81 feet along the East/West center line of said
Section 7-29-16 to the Southeast corner of Lot 26, Hillcrest Estates, First
Addition as recorded in Plat Book 63, Page 48 of the public records of
Pinellas County" Florida, the POINT OF BEGINNING; run thence
N. 210 -02' -38" W., 394.69 feet along the Easterly line of said Lot 26,.
Hillcrest Estates, First Addition to a point on the Easterly right of way
line of State Road 590; run thence N. 350_50'10" W., 11.00 feet to a
point on the Easterly right of way line of said State Road 590; run thence
N. 540_09'-501' E., 193. 77 feet along said Easterly right of way line of
said State Road 590 to the Northwest corner of M8tB, 7-1; run thence
S 35050'-10" E., 225.71 feet to the Southwest corner of M&B, 7-1; run
thence N. 540_09'-50" E. ,208.71 feet to the Southeast corner of M&B, 7-1;
run thence N. 3So-50'..10"W. ,225.71 feet to the Northeast corner of M&:B,
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7-1,.said corner lying on the Eatterly right of way line of said State Road
590; r~ thenceN. 540_09 I-50" E., 26~. 34 feet along the Easterly right
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of way line of said State Road 590 to a point on the Southerly right of way
line 'of Seaboard Coast Line Railroad; run thence S. 720_46' -46" E., 4.62
feet along said Southerly right of way line of Seaboard Coast Line Railroad
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OPEN SPACE 'APPLICATION
CITY OF CLEARWATER, FLORIDA
OS-101: Legal De8cJ,"iptio~.
5. N. E. COACHMAN.ft OQ4c;;HMAN -
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toa point on the Westerly right of way of County Road 32; run thence s. :U 0
371-54" E., 36.90 feet along said Westerly right of way line of county Road
32 to the' P. C. 01. a curve to the left having a radius of 630. 00 feet, a
central angle of 420_06'02'1. an arc distance of 462,.9i feet, a chord dis-
taDce of 452.5.8 feet, a chord bearing of S. 520_40'56" E., to the P. T. ;
continue thence S. 730_43'_57" E., 419.66 feet along, said Westerly right
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of way line of said County Road 32 to the P. C. of a curve to the right
,having a radius of 677.00 feet, a central angle of 4?0.fo'_ZOll, an arc
distan ce of 557.38 feet, . chord. distance of 541. 77 feet and a chord
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bearing of S. SOo..081-47" Eo to a point on the East/West center line of
Section 7:'Z9-16;, run th.1C;.N~89o..56IZSttW., 1,588. 17 feet along said
East/West center line of Section 7-29-16 to the POINT OF BEGINNING~
Subject to the following easen'le!lts: 12.5 foot wide for Florida Power
Corporation as.! recorded in O.,R. Book 2,15, Page 39, Instrument No.
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. 41:}O.39A and for .. permanen~ 15. o foot wide sanitary sewer easement to
the City of Clearwater, FlorWf: as recorded in O. R. Book 3075, page 701,
"lnatrument No. 69045135, public records of Pinenas County Florida.
Said parcel containing 16.305 AcresM. O. L.
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OPEN SPACE .f\PPLICA TION
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CITY OF CLEAR.WATER, FLORIDA
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OS-lOl: LEGAL'DESCRIPTION
6. AVALON TO KENDALL
Lot. 1, 2, 3, 4 and 1S, Block 7 , Clearwater Beach Subdivision, .
which is further described.a: Being the north 252 feet of
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Government Lot 3, SectionS, Townahip 29 South Range 15 East
and the South 248 feet of Government Lot 6 in Section 5, Twp. 29 S.,
alge 15 Eacat and beginning at a poiant 248 feet North of the South
Boundary line of Ciov~ Lot 6, Section 5, Twp. 29 S Range 15 E.
and run north 500 feet; this tract of land being bounded on the
East by Clearwater Bay and on the West by the Gulf of Mexico
and also beginning at a point 748 feet North of the South boundary
line of said Gov. Lot 6. in Section 5, 'J;wp. 29 S., Range 15 E. and
running north 1092 feet. nLia tract of land being bounded on the
Weat by the Gulf of Mexico and on the East by Clearwater Bay.
Also the South 500 feet of the North 800 feet of Gov. Lot 6 in
Sec. 5, Twp. 29 S. Range 15 E.
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HUD-3180b
(6.69)
U.S, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OPEN SPACE LAND PROGRAM
CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN-SPACE PURPOSES
UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
Part "
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Terms and Conditions
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Exoep' wh'" ,h, ,0n"X' d=ly indi",,'" o,h,"''''', th, following ",m', '" n",d h,,,,in, ,hall have th, meaning>
ascribed to them in this Section:
SEC. 101.
USE OF CERTAIN TERMS
(A) Th' "pitatiz"'! ,,,m "S,,,,,..-y" m,an' th' S""""'Y of HOoSng and U,han D""lopmon' 0' th, p'"nn
authorized to act on his behalf,
(B) Th, 'mn "Contrac'" mea'" ,hi, Conltac' b,'woen ,h, Gov,""non' and ,b, Poblic Body, and indod.. Part' J
and II and any additional dncnmen' 0' docomon" inCOtpoea''''! ho",in hy 'pceial ,.,!,,,,nce, '" w,1l '" any amondmcn"
(C) Th, "no "Applica'ion" m'''''' ,h, writ"n application In' th, G,an' by ,h, Pohllc Body, indoding any'"
",",0", ,h,,,,to, 'og,'b" wi'b all "planatory, ,"pporting, 0' ,oppl,mon'..-y docnmcn" fil,d 'b,,,,wi'h.
(D) Th, ,,,m "land" mea", ,b' in'''''' 0' in"""" in ",al prop'rty acquired 0' '0 h, acqni''''! and/o, dovdopoo hy
th, Pohllc Body'" "" 00' in Smion 2(a) 01 Part J of ,hi>> Con,eac' and ,hall indnd, a Ice in'''''' 0' ,,,ch 1,= in,,,"" '"
therein contemplated,
(E) Th, ,.no "Proj.ct" moa"' ,b, und.rtoking and c"'l'ing ou' '0 eompl.tion of ,he acqni>oition and/o, devdop'
mon' of land 10' op'n,,!,ace u"', .. "" lorth in Sec,ion 2(h) of p"" J of 'hi, Con'eact.
SEC. 102.
ACCOMPLISHMENT OF PROJECT
The Pobllc Body will commence ood carry ou' the Pro;cet witb all peactical,\c d"patcb, in a wund, economical, ood
ellicicnt moon", in aCCOtdance with the Application and tb. pro",",o", 01 th" Contract, and will initiateood eomplcte tb.
P,o;eet within the time limit ""eeifi.d in Seetion 5 of Part 1 of ,h" Conteact. Such t.no may h. extcndoo with tho w,itten
con",nt 01 the S",.t..-y. Th. Publlc Body will c"'l' out ,ho I'toject in complianee with all Wluit.mon," impowl hy 0' pu,-
,uan' to ..golatio", of the S,,,.t..-y .ff.ctuating Titl. VI of th, Civil Righ" Act of 1964 (7B Stat. 241,252) - The Pobllc
Body age'" uot to di,wminat. upon tb. h",;, of eace, "oed, colot, ot national nrigin in th, progeam 0' activity 10' which tb'
Publi' Body receiv<' li",",eia! a..i,tance und" th" Cnnteac'- The United Sta'" ,hall h, doemoo tn b, a henefociary nf th''''
p,n",",O", both fn' and in i" nwn rightood alw fn' th' potpo'" of pro"cting the int".." 01 the community and ntb" parti..,
public n' p,ivat., in who'" lavnt 0' fo' whn'" henefit thi, provi,inn h", heen provided and,.ball hav< the right, in tb' ovent 01
any bccacb nf thi, provi,,;on, to maintain any actio", n' ,ni'" at law n' in cquity n'''y nth.. prop" pro,eeding'tn eofn''''
the curing of such breach.
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HUO-3180b
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SEC. 103.
PROVISIONS RELATING TO ADMINISTRAnON
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(A) Book, .nd Rooo"k Tho Puhlio Body will k"p full ",d ""''''0 hook, ",d "'oo,d, wi'h "'Sp,," '0 all matte"
oo"",d hy th~ Con"act, indnding hook. ",d "'oonl, whkh P"'mt. """,jy ",d off,cti" audit, "'d will fully d~do",
(I) Ad'qu.te 'itlo o,;don" in 'ho lo,m 01 titlo polid", To,,,,",, ""'iRoa"", 0' oh",,,,,,, ",d .ltO""""
opinion, "I.ting '0 tho land 0' in"",,,, in I"'d "'Iun-,d hy tho publio Body nnd" 'hi, Projoct;
(2) Tho amOunt and di'pootion 01 hoth f'od"a1 .nd non-f' ",j"a1 fund, wluoh ." provid",j 10' tho ",oj,ct;
(3) An i'om, of '0" d,"g'ohl, 0' whi,h are p'opo"d '0 h, ,h"",d to 'h, 'ot.1 00" of th, Proj",;
(4) An Proj,ct wmk and und""ak""" and .n 'on'"", w1;,h are 'u"red in'o hy ,/u; /'ohli, Body p'rtaining
thereto;
(5) Th, famili.., indi';dual" and h",;n", 'on"",, whi,h.eo di'pl"",j in 'ho '">Tying on' of t/u; I~oj"t,
th, portin'nt foe"~ rou"'ning 'h,i, 'do'ation, and th, making of relooation paym""" 'h"do,; .nd
(6) All pro",din/!, which '" t.ken hy th, Publi, Body with '''p"t to "'y 01 'h, p"'"ding i"m, in 'hi,
Section.
(B) Io",,,tion, .nd Aum,,_ Th, publk Body will, at any tim, during nonnal huo""", ho,"", .nd ~ oft'n ~ th,
S"""", m th, ComptrolIo, G 'n"a1 01 th, Uui"d Sta'" m.y doom n""","'Y, p"""it th, S"''''''''Y and th, Cnmptron"
G'n'''lto ha" full and f"" """ 'n all of i" hook, .nd reoo,d, wi'h re,p'" to 'ho m.lt,,, m'otion,d in ,nh,"'tion (A) 01
t1;, S'ction, ",d will p-"h, S"""''Y and th, Comptron" G"'"a1to .ndit, '''min" and mak, ,,"....'"' "''''''''ip''
feom 'n,h hook, .nd re,onl" ",d '0 "',;cw, in",,,,, and makc .udi" 01 all Projoe, wo,k, 00""'"", iuvoi,,,, ma'eri.I" p.y_
,0J/" "oonl, of pe""uuel, ooudition, of ,mploymout, hook, of "oouut" .ud o'h" dncuo"o,"'Y da" pertaimng to 'u,h
matters.
(e) R'port, and Iofonn.tioo_ Th, Pnhli, Body will, at 'u,h tim" ~ th, s,,"'''''' m.y reqnire, fnmw, him wi'h
periodi, "po", -"d 't"''''''n'" ",d o'h" do,nm,o"", d.t. and infono.tinn, ~ h, may '''In"t, p'rtainiog to 'h, vario""
matters covered hy this Contract,
SEC. 104. LAND PROVISIONS
(A) General Requirements Concerning La~. The Public Body shall:
(l) T ak, all noe,...'Y "'I" '0 "'mo" 0' .hrog." .U leg,"y ,olore,ohl, proviooo, pert,;mng '0 'h, ,,_
,triction of ,h, 0.. 01 th, land it i, acquiring .nd/o, devdoping, npoo 'h, hasi;; of ""e, ,re,d, ",10" 0' o.tion.1
origin.
(2) lodud, in ev''Y ""'"m,o', /"", "'o"y'o",", oth" in",um,n' wh''''hy tl" I.ud i, di,po,,,,j 01, '"
.fR,m.ti" "'''0'''' hiodiug 00 th, oon""to" 1--., Il'.nte" 0' o'h" p.rty to 'uch in"'um,ut ",d ou tloe 'u.-
"""''' in iut're" to'u,h con"""o" I,,,,>c, Il''''te" 0' o,/u;, p.rty tl"t 'h", ,h.1I h, no di"'rimin.tinn nl~n 'h,
h..., 01 "", ""d, 0010', 0' n.tional origin in th, u'" "' o"Up.n,y 01 th, I",d. The oo"n"" ,hall recit, 'h.t th,
United States is a beneficiary of the covenant and entitled to enforce it,
(3) Not "J/, I,~o, 0' o'h"",... d~po" of the I.nd ""pt with 'he prio, ",itten approval 01 the S""""'Y.
(4) Not roluotarily ""'ate, ,"u", 0' .1I0w to he "eat,d "'y deht, lien, mortgage, ,h""", n, ,n,umh'an"
agai"", any of 'he land which in .ny w'y will imp,;, 0' oth"wi", adve""ly aff"t 'h, p"",,,..tion ol..id I.ud fo,
the use or uses set out in Section 2(b) of Part I of this Contract,
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HUD-3180b
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(5) From tUn' to tim' duly pay ..d di"h",g',O' ~"" to h, paid aOO d~,h"'l!w wh,u the eam' h,wm'
du" all tax~, ..""m,u", aod oth~ gov","m...tal ,h"'l!" wh"h '" lawfully impo"d upoo..y 01 th, laud..d
whi,h if unpaid may hy law h,wm' alien 0< ,ha'1l' upou eaid laud aod th~cl>y impai'O' oth,,,,i,, ad"""ly aff,"
the holding of said land for the use or uses set out in Section 2(b) of Part I of this Contract,
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(6) >'aithlully uh"tV' and wofono to all valid requirom..." of auy gov,mmentalauthority rolative to th'
land and all covenants, terms, and conditions applicable to said land.
(B) F ai, M",k,t V a100. Th, POOlic Body ,hall tak, all app,opria" ,t'l" to "".ro that th, co",id~atioo it pay'
10' "" land do" rtotexc""d fai,....eke< val.. at th, tim' of a"lui,itioo. If th, Seerota" d,t"""'n" that th, w",id~ation
paid hy th, Pool" Body i, in "ee" 01 fait maek,t value, fo, putpo'" 01 wmputing th, amount 01 th, G,..t, th, a"l""itioo
cost shall be reduced by the amount of the excess,
(C) Sp,dal provi>iona \l,lating to SaI, 0' "'''' 01 Land. If th, Proieet pWPO'" that th, Puhli, Body I,,,, 0' "II
all Ut Ita" 01 th, land, th, POOli, Body m",t timt ohtaio written approval of th, S,~"a'Y hdoro ""h I..,ing 0,..1e i, undee.
token. Appwval will h, given only if ,ne.h I..,;ng o,,.}, ~ w..."ent with th, Pwieet..d ad,quat' wntrol, '" ,mhmli,d in
th, I..., 0' deed to ""'" th, prowvatioo of th, open''l'aee u,,, 0' u'"' 01 auch I..d " "t out io Seetioo 2(h) 01 Part I of
this Contract.
(D) Use of Land
(I) No ,hang' in th, u" of th, land to a u'" oth~ than th, op,o.'pa" "''' "t out in S,o6oo 2(h) of Part I
01 thi, c"nttact will h, p~mittcd without th, priO' w,it"n approval 01 th, Seerot"')'. Bdoro ""h approval will h,
given, the Public Body must demonstrate to the Secretary's satisfaction that:
(a) Thc wuve","ou i, "",ntial to th, onl~ly dcvelopment..d geowth 01 thc nthan"~ involvcd;
(h) The wnve,>ion ~ in "...nl with thc wmproh,naively planned development 01 th, nthan "ea;..d
( e) Th, opeMpa" I..d ~ heing 0' will h, "placed, without coat to th, F ,d~a1 Gov~nm...t, hy oth~
opon.'pa" land of at lea" equalla" """k" value at th, time 01 wnve"ion, and of", ne",ly "Ie"ihle
equivalent usefulness and location
(2) Th, Puhlic Body ,hall not di"timina" upon th, h",~ 01..", cre,d, colo" 0' national origin in the ..Ie,
lease, or rental or in the use or occupancy of the land or any improvements erected or to be erected thereon, or any
part thereof,
(3) Th, Puhlic Body ,hall not "",ict th, "" ofthe I..d, " develop,d, 00 the h",i, of pia" olt"ideo'"
except that a "a",nahle fee chaegw noo,,>ideo" ov~..d ahove any lee that may h, eh"'l!cd ",ident' aliall oot h,
interpreted as a restriction of the use of such land.
(E) Ttaoal~ of POOlic Bod " Int'''''' in Land to Anoth~ puhlie Bod . B,loro th, pOOlie Body ttanal," ita
int""t' in th, I..d to anoth~ POOlic Body, it "'all require i" ttanal,," to ent~ into a wnlract with the Sce"t"" agt"ing
in writing to be bound by aU of the applicable terms and conditions of this Contract.
SEC. 105.
PAYMENT OF GRANT
(A) Adv..ce O' Proge'" Payment'. Und" 0' ,OOject to ,"eh wnditio", '" th, Govemment "",y, in writing, 'p,dly
which a" not inwnai,tent with applicohle law, th, Gove.enment may, in i" d"'retion, mokeadvance 0' p'ugee" payment' to
the Puhlic Body onatwuot of th, G,..t, 0' on acwuot 01 th, ineroa" with ",pect to th, G,..t pwvid,d fo< in Section 4 of
Pact I of lh~ c"nlract, at ,u,h tUn, 0' tim" prio< to the compl,tion 01 th, Project and the final d,t,nuination of th, total
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"'" thoreof.., in.;ew of th, "at... of th, p,oj,,, and th, matt", relati" thoreto, th, Gov"""'ont may doom approp,.;"",
hnt no .u,h advanoo 0' progren, paymont wfiJ h, ...d, unI", and ontil th, publi, Body Mall hav, ru,d it, writton "'Inn"
with th, S'''''a'Y io, on,h advanoo 0' progren, paymon" Poo.;d,d, That th, publk Body;, not in d,f.olt on any of th,
tom" of thin Conha". Th, publi, Body ohall d'p,,",t 'o,h .dvanoo p'ymont fnnd, in. h,nk 0' hank. whi,h .on m,mho" of
the Federal Deposit Insurance Corporation.
(B) R"Ioin;tion fo, G'ant P.ymont. Th, Pohli,. Body ,hall ru, i" reqoi"tion fo, p'ym'nt of G'ant, indoding th,
in"".., provid,d fo, in Sootion 4 of I'art I of tm, Conh"t, on a fonn 0' f","" p'""rib,d hy th, S,""tary. So,h reqni,i"on
,hall I., "oompaniod hy th, Publi, Body', '''''fi"tion of poopo"" d,mon",.ting th, nood, at th, tim" fo, th, fond,
reqnioitionod, that th, "'onnt nooght;, re""nablo; and that th, poopo", fo, whioh;, propo", to oxpond th, fond, ore
within the purview of this Contract.
(C) A, o~ition, D,volo mon', and D,molition Co,,". Paymont of th, G,,,,, poo.;dod fo, in S'otion 3 of Part I 01
thi, Conh"t ohall h, h"",d on aoqni"tion, d,molition, and d,v,lopmont 00,," wb;,h hav, h"'n d,t""'inod hy tho Snoretary
.. 'I;gilil, p,oj," '''''', ;n th, light of applioahl, F ,d"allaw and in "oonlan.., with th, S,""tary', 00'" and regnl.tio",
implom,nting that law. Th, "qo'''tion 00", ohall not iodnd, (I) onlina'Y Stat, 0' 10,aI gov'rnm,otal "1"'"'' (2) '"'t, of
"qoiring lond lnoated oo"id, th, o,hao orea fo, whi,h th, Publi, Body OX're;", (0' ponti,ipat" io th, oxoo,i" of) op'n~paoo
'''Po",ihihti", (3) th, ''''' of land aoqnired prio, to tlo, ootifi"tion of th, Pohli, Bod}' hy th, Soo"'ary of hi, 'ppooval of
th, Appli"tion m of th, "qo;.tion of '0'1. land; 0' (4) th, 000' of laod "qok,d with th, ...,tan" 0 Ifond ",,,'v, d di.
'"lly 0' indireotly foom th, Govoromont, 0' any agonoy", io"oom,o",li'y 'h,reof, oth" ll"n ood" th, te'm, of tm, Con.
had. Th, d,volopmont 00" ,hall iodod, nnly tho", '0", whi,h are 0""""Y to prep"" th, land fo, 01"0"1'''' 0" and
,hall not indod, (I) th, ",,, of d,volop,,",o' ond,rtakon prim to th, notifi,ation of th, Pohli, Body hy th, Snoretary of hi>
approval of t1" Appl"..ion 0' of th, d'volopmont of th, land 0' (2) th, ",,, of 'pnoiali%od m~o' reoo"tion f";liti,,. Th,
d'molition '0" ohall iodod, ooly tho" 00", whi,h.., nno,""Y fo, th, d,molition and removal of hoildingo and "'o,t..."
from developed land acquired as part of the Project.
SEC. 106.
LABOR AND CONSTRUCTION PROVISIONS
(A) Coo"'d and "Fo're A"ooot" W o,k. Th, Pohli, Body may oI"t to 'any oot any n"",,'Y d,molition, 000'
,ton,tioo, 0' dovolopm,ot "tiv;ti".. a part of th, I'<oj"t hy otm"tioo of it, OWn ,mploy,,, 0' 't may hav, '0'1. wod do",
ood" writtoo '00"',,, r,t hy it. Any 'ont,,,,, ont",d into fo, Proj"t wod ,hall 'ootaio approp,iat, I'M',io", to '''Ioire
,",oplian" with all appli,abl, ~',d"allaw, aod 'ngnlatio", p'rtaioing to 'o,h ,on""t" '0 'h, wo,k to h, p'rio'm,d th're.
under, and to the persons employed in the carrying out of such contracts.
(B) Com,..ti'iv, Bidw"l\' Th, Poh/i, Ilody wfiJ g;v, foil opportonity fo, f're, 01"0, aod ,omp,titive hiddiog fo,
on,h 'ooh"tto h, I,t hy ;t naIling fo, oon'ton'tion, d,molitioo, 0' oth" ,imil.. wod, .. a part of th, p,oj"" 0' fo, ll"
fwninh'og of any matenia/" ,oppli", 0' nqoipm,ot fo,",,,,, 00, th, !\-oj", aod wfiJ lOve 'o,h pohli'ity to it, advorlionm,ot.
0' 'all, fo, h'd, fo, ",h 'o,h ,oot,,,t.. wfiJ poo.;d, .d"lo,', oomp'titioo, and th, awan! of ",h 'o,h ,onh"t, wh,o ,..d"
wfiJ b, mad, by it.. 'oon.. p",ti"bl, to th, low,,, re'poonibl, hidd", Poovid,d, That in th, "I ,,,ion of 'o,h o"t,.riain,
oqnipm'~t, 0' '01'1'1"', th, Pobli, Body may, io th, iot,re" of 'tandanli"tioo 0' oltimato ooonomy, if th, advantag' of "reb
,tandanI;"tioo 0' 'o,h oltimat, 'OOoomy i, doa,ly ovidon, and an appoopolat' pMi.oo fo, 'o,h "tioo "iodod,d by i, io
th, propooed onolo"t do,om,o" opon whi,h bid, are 'm.it,d, aw..d a 'ontoa" '0 a ""po",ibl, bidd" otho, than 'h, low,,,
in pol,,, !\-ovid,d forth", That poreh.." of '0'1. mat,oIal" "Ioipm"t, 0' 'nppl;" '0 amoon', of S2,500 0' I,"" aod oon.
h"t, in amoon" of S2,500 0' I", 'ailing fo, ono"runtion, d,mol'tion, 0' oth" ,imil.. wod, .. a part of th, I'ooj "I. may,
OX"pt wh", onot,ary to th, reqoi"m,ot, of Stat, 0' lo,allaw, b, mad, Imm 'im, '0 tim, by ,h, Poblio Body will.."t
negotiation or competitive bidding and without observance of the other provisions of this subsection.
(C) 1'00..';0.' To B, loolod,d io C,rtaio Coo to""". Bd." th, Pohli, Body '",i,,, b;d, 0' propo..l, fo" 0' oth",.
wi" n'gotiat" fo" a propo"d 'ontoa" whi,h ,all, foo th, p,donnan" of aoy wod on th, Pmj", which will '''tail, fon "reb
wo,k, th, ,mploym'"t hy th, OOot,,,to, 0' hi> 'ohonotrn,to~ of labo"", 00 mooha"i", th, P"bli, Body &,,11 io"l"d, in th,
p'opoo,d on"hant do,nm'.t, appoop,iat, wag, "h"dol" (inoloding appli,abl, w.... d,toominatio", of ,I." S""ta,,. of LaI,..,
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United Stat.. Dopmm,nt 01 Laho,) and othe< provi,;o"" whi,h a<<,,,,,,,"oot with th, pro,,;,ion, ,mhodi,d in that do,om,nt
,ntitl,d "F,d",al Laho' Stand.,.!, I'<o,,;,;on," attaeh,d h,reto m"k,d HUD-3200 and mad, a part h""ol. Sneh "h,dol..,
wog' detanninati",~, and othce p"",",o"", "inelud,d in ,ueh pwpo"d eontcad doeum,n"" ,hall abo h, includ~l in ,he
eontcad doeum,n"" ,,"eutad. The puMie Body wm include in ,ach cont,ad m,ntioned in th, pcecediOj; ,"otenm 01 th~
"w.eetion an appeop,;ate prov,",on ""uviOj; th, cont'acto' to io"rt in each 01 hi, ,ubeontcae", which wm entail the employ-
ment by aueh ,ubconteaeto' ollahoce'" 0' meebani..,,, alo".aid, woge and othe< pro,,;';o,", wbieh ace con,;"ent witb ,ueh
contractor's contract with the Public Body,
.'
(D) State 0' Lonal Law' Coneeming Woge Rat.. 10' Laho,",' and Mechani". II State 0' l~allaw' "qni<< ,hat
lahom' 0' meebani" wbo ace employed hy th, Publie Body', cont,actore, 0' hy ,ueb eont,aetore' ,ubconteadO", in tbe
devclopmoot 01 the Projeet, hn paid not 1<", tban th, wog" which ace ..tahlW,ed pureuant '" ,ueh law' and il,ueh wag" ~
e"abl~bed ac' high'" thau th, wog" which ace d,t,nnin,d by the Seecet"l' 01 Laho', Uuited Stat" D'partm,nt of Laho',
p,n,uant to the afo""id Daw-Bacou Act, to b, th, wagn' prevailing m th, locality iu which th, Peojeet ~ ,itu.tad, nothing
iu thi' Couteact . to h, cou",",d " iutaud,d to celiev' th, Public Body of i" obligation, il any, to cequice payment of ,ueh
higher wages,
(E) Equal Employment Opportunity
(I) Activiti.. and Conteac" Not Subjeet to Excontive Onlec 11246. In thec""l'ing out 01 the Peoi"t, the
Public Body will not discriminate against any employee or applicant for employment because of race, color,
,cligioo, ,ex 0' national origin. The Pubhc Body wm tak, aW"""tive action to '0'",' that ,!,plieant' ace employed,
and that employees are treated during employment, without regard to race, color, religion, sex or national
origin. Such actioo chall mclude, but oot b, limited to, the followingo ,mploymeot, upgeadiOj;, demotion, 0' tean,fec;
recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship- The Public Body agrees to post in conspicuous places, available to
cmploye" and appli"nt' 10' employmeot, ootie.. to he pMided hy the Govemmeot "UiOj; forth the pMi,iM
of this nondiscrimination clause. The Public Body will, in all solicitations or advertisements for employees placed
hy 0' 00 behall 01 the Publie Body, ,tat, that all qualified apphean" wm receive cooaideeatioo fo, employmeot
without regard to race, color, religion, sex or national origin, The Public Body will incorporate the foregoing re-
qnicemen" 01 tru. ,ubpa'agc,!,h (I) in all 01 ita conteact' loe Peojeet wo,k, except conteac", govemed hy ,nhp"agcaph
(2) 01 thi' Seetion I06(E) and eonteae" 10' "and"'! comme"ial ,uppli" 0' eaw material>, and will "qui" all 01 it'
contractors for such work to incorporate such requirements in all subcontracts for Project work,
(2) Contracts Subject to Executive Order 11246. The Public Body hereby agrees that it will incorporate or
cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regula-
tion' 01 the See"t"l' 01 Laho, at 41 CFR Chapt'" 60, whieh ~ paid 10' in whole 0' in pm with lund. ohtained !com
the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insur-
ance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
( I) Th, conteacto' will not di""minate ogain't any employee oe applicant 10' employment beean" of
race, color, religion, sex, or national origin. The contractor will take affirmative action to insure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin, Such action shall include, but not be limited to, the following: employ-
ment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees
to p"" in con'pieuon, place" available to employ'" and apphean" fo' employment, notie" to b, pcovided
by the Public Body setting forth the provisions of this nondiscrimination clause,
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(2) The contractor will, in all solicitations or advertisements for employees placed by or on hehalf of
th, ron""to<, ".t, .h...1I qnol;fi,d .ppl;"n.. will re"l" ronold'''';.,n fo, 'mploym'n' ..;thon' reg.ro to
race, color, religion, sex, or national origin.
(3) The contractor will send to each lahor union or representative of workers with which he has a
collective hargaining agreement or other contract or understanding, a notice to he provided advising the said
lobo, nn;on 0' wo,k'n' "pre"'nt.ti" of th, ,on',,'to,'. '"ron,I'm,n.. nnd" .JU, "mon, ",d ,holl po" ropl"
of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 1I246 of September 24,1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor,
(5) The contractor will furnish all information and reports required hy Executive Order 11246 of
S.ptemh" 24, 1965, ",d hy th, ,nl", '<gol.tion., .nd o,d", of th, S"''''''Y of Laho, 0' .h, S,,,,...,, of
Housing and Urhan Development, or pursuant thereto, and will permit access to his hooks, records, and ac-
counts hy the Puhlic Body, the Secretary of Housing and Urhan Development, and the Secretary of Lahor for
purposes of investigation to ascertain compliance with such rules, regulations, and orders,
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may he canceled, terminated, or Suspended
In whol, 0' In pm .nd .h, 'on""to< m.y h, d,d.red indlglhl, fo, fnrth" Co"mm,nt 'ont'''t, 0< f,d,mlly
'''''',d ron""'mon con""..;" "'o,d'n" wIth ,.ro"dn"" 'nthori"d In Ex<<nti" Q,d" ]]246 of S'pt,m-
her 24, 1965, and such other sanctions may he imposed and remedies invoked as provided in Executive Order
112% of S'ptemh" 24, 1965,0' hy ml" "gol.tlon, 0' 0"1<. of th, S,cre"ry of ],abo<, 0' '" oth"wl" pm-
vided hy law,
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and
.h, ,.ro""lo~ of """",,'ph, (I) throngh (7) In "'ry ,nb,o"",,, 0' p"',h.", o"lee nol,,, "'mpt,d hy mh,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 1I246 of
Septemher 24, 1965, so that such provisions will he binding upon each suhcontractor or vendor, The con-
tractor will take such action with respect to any subcontract or purchase order as the Public Body or the Sec-
retary of Housing and Urban Development may direct as a means of enforcing such provisions, including sanc-
tions for noncompliance: Provided, however, That, in the event the contractor becomes involved in, or is
'breot''',d wl'h, IItlgatioo wIth · ,nb,on"."o, 0' "ndo, '" . "'nit of 'n,h dlre,tio" by th, l'uhH, Body, th,
contractor may request the United States to enter into such litigation to protect the interests of the United
States.
The Public Body further agrees that it will he bound by the above equal Opportunity clause with respect
to its own employment practices when it participates in federally assisted construction work: Provided, That
if the Puhlic Body so participating is a State or local government, the above equal Opportunity clause is not
applicable to any agency, instrumentality or subdivision of such government which does not participate in work
on or under the contract,
The Puhlic Body agrees that it will assist and cooperate actively with the Secretary of Housing and Urban
Development and the Secretary of Labor in ohtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the Secretary of Housing and Urhan Development and the Secretary of Labor such information as
thay may reqmre fo, 1/" ,,,,,,.-,;,10" of ''',h rompll",.., ."d th.. I. will oth,,,,I,,, ",,;,t th, S"ret.ry of Hon~
ing and Urhan Development in the discharge of his primary responsibility for securing compliance,
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The Public Body further agrees that it will refrain from entering into any contract or contract modifica-
tion subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has
not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant
to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcontractors by the Secretary of Housing and Urban De-
velopment or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order, In addition, the
Public Body agrees that if it fails or refuses to comply with these undertakings, the Secretary of Housing and
Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in
part this grant contract; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been re-
ceived from such Public Body; and refer the case to the Department of Justice for appropriate legal
proceedings,
SEe. 107.
DEFAULTS AND REMEDIES
(A) Termination or Suspension of Contract, The Government may terminate or suspend this Contract at its dis-
cretion uponthe happening of any of the following:
(1) The failure ofthe Public Body to complete the Project within the time prescribed in Section 5 of Part I
of this Contract;
(2) The making of any misrepresentation by the Public Body in its Application or in the furnishing of any
information to the Secretary;
(3) The violation of any of the terms or conditions of this Contract;
(4) Any event which makes the accomplishment of the Project by the Public Body impossible, improbable,
infeasible, or illegal; or
(5) The commencementof any litigation challenging the performance by the Public Bodyof any of its duties
or obligations which may jeopardize or adversely affect the Project, this Contract, or the Grant,
(B) Forfeiture of Grant
(1) If the Public Body should change the use of the land from the use or uses designated in Section 2(b) of
Part I of this Contract without the prior written approval of the Secretary, or should it transfer its interests in the
land to another Public Body without requiring the transferee to execute the contract with the Secretary provided for
by Section 104(E) of this Part II, the Public Body shall at the request of the Secretary repay to the Government the
amount of the Grant,
(2) For any other violation of any of the terms of this Contract, the Secretary may, in addition to such other
remedies as may exist at law or in equity, require repayment of all or part of the Grant to the Government,
(C) When Rights and Remedies Not Waived. In no event shall the making by the Government of any Grant payment
to the Public Body constitute or be construed as a waiver by the Government of any breach of covenant or any default which
may then exist on the part of the Public Body, and the making of any such payment by the Government while any such breach
or default shall exist shall in no wise impair or prejudice any right or remedy available to the Government in respect of such
breach or default.
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SEC. 108.
MISCELLANEOUS PROVISIONS
(A) Interest of Public Body Personnel and Other Local Public Officials, The Public Body shall adopt and enforce
measures to assure that no member of its governing body and no other officer or employee of the Public Body and no member
of the governing body or other public official of any other local public body in the urban area in which the Project is situated,
who exercises any functions or responsibilities in connection with the carrying out of the Project, shall, prior to the comple-
tion of the Project, voluntarily acquire any personal interest, direct or indirect, in any property included in the Project or in
any contract or proposed contract in connection with the undertaking of the Project, If any such member, employee, or
officer presently owns or controls, or in the future involuntarily acquires, any such personal interest, he shall immediately
disclose such interest to the Public Body. Any member, employee, or officer who shall have or acquire such interest shall
not participate in any action by the Public Body affecting the undertaking of the Project, unless the Public Body shall de.
tcrmine that, in the light of the personal interest disclosed, the participation of such individual in any such action would not
be contrary to the public interest. The Public Body shall promptly advise the Secretary of the facts and circumstances con-
cerning any disclosure made to it pursuant to this provision and the action taken by the Public Body upon being made aware
of said facts and circumstances,
(B) Interest of Certain Federal Officials, No Member of or Delegate to the Congress of the United States, and no
Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise from the same.
(C) Bonus or Commission. The Public Body shall not pay any bonus or commission for the purpose of obtaining
the Secretary's approval of the Application or any other approval by the Secretary which may be necessary under this Contract.
(D) Government Not Obligated to Third Parties. The Government shall not be obligated or liable under this Con-
tract to any party other than the Public Body.
(E) How Contract Affected by Provisions Being Held Invalid, If any provision of this Contract is held invalid, the
remainder of this Contract shall not be affected thereby if it is in conformity with the terms and requirements of applicable
law.
(F) Provisions Concerning Certain Waivers, Subject to applicable Federal law , any right or remedy which the
Government may have under this Contract may be waived in writing by the Government by a formal waiver and either with or
without the execution of an amendatory or supplementary agreement, if, in the judgment of the Government, this Contract,
as so modified, will still conform to the provisions and requirements of applicable laws.
215395-P (Rev, 6-69)
HUD.Wash,. D,C.
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H U D-3200
(8-69)
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U, S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FEDERAL LABOR STANDARDS PROVISIONS
1. APPLl,CABIUTY
The Project or Program to which the work covered by this Contract pertains is being assisted by the United States of
America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions ap-
plicable to such Federal assistance.
2. MINIMUM WAGE RATES FOR LABORERS AND MECHANICS
All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not
less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions
as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified), the full
amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of
said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual re-
lationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All
laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer
provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same
without cost or expense to the employee. FOJ; the purpose of this clause, contributions made or costs reasonably anticipated
under Section 1 (b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of Section 5.5( a)(1 )(iv) of Title 29, Code of Federal Regulations. Also for the purpose
of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs,
but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period,
3. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by
the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition
to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the
Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or
mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Pub-
lic Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respec-
tive laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe
benefit prescribed in the applicable wage determination.
4. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program
of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract:
Provided, however, The Secretary of Labor has found, upon the written request of the Contractor, that the applicable stand-
ards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of
Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public
Body with the first payroll filed by the Contractor subsequent to receipt of the findings.
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5. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS STANDARDS
ACT (76 Stat. 357-360; Title 40 V.S.c., Sections 327-332)
(a) Overtime requirements, No Contractor or subcontractor contracting for any part of the Contract work which may
require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer
or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or
in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40
hours in such workweek, as the case may be.
(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his un-
paid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause
set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to
work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages
required by the clause set forth in paragraph (a).
(c) Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be with-
held, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may admin-
istratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages
as provided in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b), and (c) of
this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they
may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made.
6. EMPLOYMENT OF APPRENTICES
Apprentices will be permitted to perform work covered by this Contract only under a bona fide apprenticeship pro(.,rram
registered with a State Apprenticeship Agency which is recognized by the Bureau of Apprenticeship and Training, United
States Department of Labor, or, if no such recognized Agency exists in a State, under a program registered with the Bureau of
Apprenticeship and Training, The allowable ratio of apprentices to journeymen in any craft classification shall not be greater
than the ratio permitted to the Contractor as to his entire work force under the registered program, Any employee listed on a
payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Secretary of
Labor, United States Department of Labor, for the classification of work he actually performed. The Contractor or subcon-
tractor shall furnish the Local Public Agency or Public Body with written evidence of the registration of his program and ap-
prentices, as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on
the contract work.
7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional
institution shall be employed on the work covered by this Contract.
8. REGULATIONS PURSUANT TO SO-CALLED "ANTI-KICKBACK ACT'
The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by
reference) of the Secretary of Labor, Cnited States Department of Labor, made pursuant to the so-called "Anti-Kickback Act"
of] une 13, 1934 (48 Stat, 948; 62 Stat. 862; Title 18 U.S.C., Section 874: and Title 40 U.S.C., Section 276e), and any amend-
ments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith
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by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors there-
under, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemp-
tions from the requirements thereof.
9. EMPWYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERMINATION DECISION
Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the
Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body,
and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of
Housing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used,
". the question accompanied by the recommendation of the Local Public Agency or Public Body shall be referred, through the
Secretary of Housing and Urban Development, to the Secretary of Labor for final determination.
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10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the minimum wage rate prescribed in the Contract for
a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is
obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the
interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommenda-
tion of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development,
to the Secretary of Labor for determination.
11. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage de-
termination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed
and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance
with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in
such classifications, shall be posted at appropriate conspicuous points at the site of the work.
12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable
shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such em-
ployee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in
any proceeding under or relating to the labor standards applicable under this Contract to his employer"
13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work
covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body
for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect thereto.
14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti.
Kickback Act, (b) the Contract Work Hours Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the
Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any
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other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of
Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appro-
priate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract.
15, PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with in-
structions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Pub-
lic Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood
that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll
shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The
payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed
upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 3
years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, his cor-
rcct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section l(b) (2)
of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. In addition,
whenever the Secretary of Labor has found under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations, that the
wages of any laborer or mechanic include the amount of any costs resonably anticipated in providing benefits under a plan
or program described in Section l(b) (2) (B) of the Davis-Bacon Act, the Contractor or subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show
the costs anti~ipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make
his employment records with respect to persons employed by him upon the work covered by this Contract available for in-
spection by authorized representatives of the Secretary of Housing and Urban Development, the Local Public Agency or
Public Body, and the United States Department of Labor. Such representatives shall be permitted to interview employees of
the Contractor or of any subcontractor during working hours on the job.
16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains
by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, sup-
plies, or equipment on the sitc of the Project or Program to which this Contract pertains by persons employed by the Con-
tractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing
provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable,
17. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be
further subcontracted without the Local Public Agency's or Public Body's prior written approval of the subcontractor. The
Local Public Agency or Public Body will not approve any subcontractor for work covered by this Contract who is at the
time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department
of Labor, to receive an award of such subcontract.
18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS
The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Con-
tract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcon-
tractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring
such insertion in any further subcontracts that may in turn be made.
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\9. BREACH OF FOREGOING FEDERAL LAIlOR STANDARDS PROVISIONS
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\n addition to tho cao"" 10' t<<minotion nl th" Contract aa ho"in oI><wh<<o "t lorth, tho Loc.J PnWic AgenO'f 0<
Poblio Body ""tV" tho right to t<<minato th" Contract il tho Contnoto' n' any ,,",contracto< who" ,chcontr"t 00,""
any nl tho wnol< "",<<od hy th" Contract wall h""h any 01 tho" Fodooal Laho< Standaod, Poo,.ion., A h""h nl tho"
Fodooal Lal>o< Standaod>; Poo,;,iona may alao ho ground>; 10' doh","ont aa poovidod hy tho applical>lo "gulationa i"nod hy
the Secretary of Labor, United States Department of Labor.
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AlTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
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SO-CALLED "ANTI-KICKBACK Acr" AND REGULATIONS PROMULGATED
PURSUANT THERETo BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., section 874
(Replaces section I ofthe Act oflune 13, 1934 (48 Slat. 948. 40 U.S.c.,
sec. 27 6b) pursuant to the Act 00 une 25, 1948, 62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
WhO"'" by foree, intimid.tion, 0. thre.t of pro=ing di,mi",,1 from employment, 0' hy "'y oth" m..." wh.t.o.
"''' indn"" 'ny P'=n ,mploy,d in tJ" "''''trudion, pro"',ution, ,ompl,tim. 0' "p.i, of "'y puhhe hndding. pnhli, work,
or l..ilding 0. wock fin'nced in whol, 0' in - hy 10,,,, or gnm" from the Hnit,d Stat"" to giv, up 'ny part of the 'mn.
p''''.tion to whi,h h, i, entitl,d ondre hi, "'n".rt of ,mploym,"t, ,h.1I be fined not more th.n $5,0000' impri"'ocd not
more than five years, or both.
....
SEcnON 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Sta.. 948, 62 Stat. 862,
63 Stat. 1'08,72 Stat. 967,40 U.S.c., sec. 276c)
Th, S'cretary of Lahu, ,holl mak, ""'onahl, regol.tio", fo, 'on""to" .nd 'nh"'n"acto" 'ngag,d in the ,on"'u,tion,
pro"""'ion , "'mpletion 0' rep.k of I'ohlie hoildi.... pnhhe wock, 0' hnildi,'Il" 0. wock, fin.nced in whol, or in part hy 10""
0' "''''t, from th, Vnit,d Stat", indnding. proriaion th.t ",h ",n".etor ",d ""h'on""tor "'011 fn"'i,h wcekly. 't.t',,"ent
with re'peet to th, wag<. paid ",h employce dOring the preceding wcek. Section] 00] of Title ] B (Voited Stat" Code) "'all
apply to such statements.
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P",'D.nt to the afO"""d Anti-Kickback Act, the S"',tary of L.ho,. United Stat" D'partment of l.ahm, h", promul-
gated the regoJ.tio", hre,inaft,x "'t forth, which regul.tion, arc found k, Title 29. Suhtitl, A, Code of F'd".l Regol.tio""
Part 3. Th, trem "thi, Part," '" o",d in th, regol.tio", hreeinaft.-r "'t forth. "fe" to p.rt 3 I." ahu" mentioned_ Said reg_
ulations are as follows:
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
PART 3-CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
WHOLE OR IN PART By LOANS OR GRANTs FROM llIE UNITED STATES
Section 3.1 Purpose and scope.
Thi, part p"''''ih" ".nti-kiekb"k" regolatio", und" ",etion 2 of the A,t of June J3, ]934, '" 'meod,d (40 V.S.C.
276e), popularly known" the Copd",d A,t. Thi, part 'I'ph" to .ny eon"act whi,h i, ,ohject to Fedre.1 Wage "andard.
and which i, foe tJ" 'on""'dion, pro"',ution, ,ompletion, oe rep.k of pnhli, hUilding', poblie work, oe huddinl!' oe wmk.
financed in whol, oe in part hy 10.., 0' grant, from the Vnited Stat". Th, p.rt i, int,nd,d to .id io th, enforeem,ot of t1"
minimom wag< prori,ion, of the D.m-B.",u Act .nd th, variou. "'tut" dealing with Fed".IIY~"''''d "'u"'o,tion that
'ontain aimilar minimum w'g' proviaion" indoding tho" prori'ion, which arc not .object to Reo'gan".tion I'I.n No. 14
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(e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the
enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction
work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regard-
ing the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll de-
ductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
I
As used in the regulations in this part:
(a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power-
lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters,
levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in
connection with and at the site of such a building or work as is described in the forcgoing sentence, the manufacture or furnish-
ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials,
articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are
manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part.
(b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular
building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transport-
ing of materials and supplies to or from the building or work by the employees of the construction contractor or construction
subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work for whose construction, prosecution, com-
pletion, or repair, as defined above, a Federal agency is a contracting.party, regardless of whether title thereof is in a Federal
agency.
(d) The term "building or work financed in whole or in part by loans or grants from the United States" includes build-
ing or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made
directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work
for which Federal assistance is limited solely to loan guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution,
completion, or repair of a public.building or public work or building or work financed in whole or in part by loans or grants
from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between
him and the real employer,
(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or sub-
contractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, in-
dependent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia,
including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District
of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such employees.
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(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public
building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall
furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR
Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or subcon-
tractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and
shall be on form WH 348, "Statement of Compliance", or on an identical form on the back of WH 347, "Payroll (For Con-
tractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from
the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing
Office.
( c) The requirements of this section shall not apply to any contract of $2,000 or less.
(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of
Labor may specify.
[29 F.R, 95, Jan. 4.1964, as amended at 33 F .R. 10186, July 17,1968)
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statement required under S 3.3 shall be delivered by the contractor or subcontractor, within seven
days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the
site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work,
the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency contracting
for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof,
shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures
prescribed by the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of
completion of the contract. The payroll records shall set out accurately and completely the name and addresR of each laborer
and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual
wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized
representative, and by authorized representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal, State, or local law , such as Federal or State
withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment
is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or
its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the
advanced funds.
(c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the
contractor, subcontractor or any affiliated person, or when collusion or collaboration exists.
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(d) Any deduction constituting a contribution on he half of the person employed to funds estahlished hy the employer
or representatives of employees, or hoth, for the prupose of providing either from principal or income, or hoth, medical or
hospital care, pensions or annuities on retirement, death henefits, compensation for injuries, illness, accidents, sickness, or
disahility, or for insurance to provide any of the foregoing, or unemployment henefits, vacation pay, savings accounts, or
similar payments for the henefit of employees, their families and dependents: Provided, however, That the following standards
are met: (1) The deduction is not otherwise prohibited hy law; (2) it is either: (i) Voluntarily consented to hy the employee
in writing and in advance of the period in which the work is to he done and such consent is not a condition either for the
ohtaining of or for the continuation of employment, or (ii) provided for in a hona fide collective hargaining agreement he-
tween the contractor or suhcontractor and representatives of its employees; (3) no profit or other henefit is otherwise ohtained,
directly or indirectly, hy the contractor or subcontractor or any affiliated person in the form of commission, dividend, or
otherwise; and (4) the deductions shall serve the convenience and interest of the employee.
..
(e) Any deduction contrihuting toward the purchase of United States Defense Stamps and Bonds when voluntarily
authorized hy the employee.
(f) Any deduction requested hy the employee to enable him to repay loans to or to purchase shares in credit unions
organized and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized hy the employee for the making of contrihutions to governmental or quasi-
governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized hy the employee for the making of contrihutions to Community Chests,
United Givers Funds, and similiar charitable organizations.
(i) Any deductions to pay regular union initiation fees and memhership dues, not including fines or special assessments:
Provided, however, That a collective hargaining agreement hetween the contractor or suhcontractor and representatives of its
employees provides for such deductions and the deductions are not otherwise prohibited hy law.
(j) Any deduction not more than for the "reasonable cost" of hoard, lodging, or other facilities meeting the require-
ments of section 3(m) of the Fair Lahor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction
is made the additional records required under ~ 516.27 (a) of this title shall he kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or suhcontractor may apply to the Secretary of Lahor for permission to make any deduction not per-
mitted under ~ 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor, suhcontractor, or any affiliated person does not make a profit or henefit directly or indirectly from
the deduction either in the form of a commission, dividend, or otherwise;
(h) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which
the work is to be done and such consent is not a condition either for the ohtaining of employment or its continuance, or (2)
provided for in a bona fide collective hargaining agreement between the contractor or suhcontractor and representatives of its
employees; and
(d) The deduction serves the convenience and interest of the employee.
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HUD-3200
(8-691
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Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under ~ 3.6 shall comply with the requirements prescribed in the
following paragraphs of this section:
(a) The application shall be in writing and shall be addressed to the Secretary of Labor.
(b) The application shall identify the contract or contracts under which the work in question is to be performed. Per-
mission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional circumstances, :
(c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of
~ 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance.
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(d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the
classes of laborers or mechanics from whose wages the proposed deduction would be made.
(e) The application shall state the name and business of any third person to whom any funds obtained from the pro-
posed deductions are to be transmitted and the affiliation of such person, if any, with the applicant,
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not t~e requested deduction is permissible under provisions of ~ 3.6;
and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which are not found to be permissible under ~ 3.6 are prohibited.
Section 3.10 Methods of payment of wages,
The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional forms of compensa-
tion for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject
to the Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public
work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in
this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be ap-
plicable. In this regard, see ~ 5,5 (a) of this subtitle.
-10-
"* u. s. GOVERNMENT PRINTING OFFICE: 1970 0 - 396-323 (33)
This document is hereby made part of and incorporated in any application, contract,
or agreement or any. supplements and amendments thereto and shall be deemed to super-
.ede any provisions therein to the extent that such provisions conflict with the assur-
ancesor agreements provided hereunder. .0"' .
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CERTIFICATE O~. AS5UI\ANCE <"
Under ~llf.O~" Re.loc~~ion ~ssistQncc ani' Real.
Property Acqu18it1o~ ~01~c1e. Act of 1970
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'~.' The City of Clearwater, Florida (Applic,.nt herein)
hereby assures that it has aulhority undt.!r Slat~and local low to comply with Section
.305 of the Federal Act entitled "tlniform Relocation Assistance and Real Prl.'p(!rty
Acquisition policies Act of 1970," approved January 2,' 1971, (Public Law 91-6i..OF
gIst Cong. S.l, 84 Stat. 1894) and certifies, assures, and agrees th~~, notwith-
standing any provision set f()rth i.n any application,. contract, or agreement for
Project No. . Fla. OSA -78 : . 0 .
....
(1) in acquiring real property in connection with said proje(:t~ the AppH-
cant will be guided to the greatest extent practicable under State law,
by the acquisition poUciessetout ut:\derSection 301 of the Fede~al .
Act and the provisi()ns of Section .30.2 thereof; .hcj~Jo,.
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property owners will be paid or reimbursed for necessary expense~ as
.specified in Section 303 and 304 of the Federal Act; and
the costs of the Applicant of providing payments and assiste.ncel1~tie""
und.er shall be borne in accordance,~"ith Section 211 of the Federai-."~'i>"!:
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(4) the Applicant will execute such amendments to above-mentioned con.tracts
and agreements and execute, furnish and be bound by,such additional
documents as the Secretary of Housing and Urban Development shall deter-.
mine necessary to effectuate or implement the assurances provided hereunder.
MT ATER, FLORIDA
Applicant~
(SEAL)
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-(Signature)
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R. Stierheim, City'Manager
(Title)
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" The undersigned chief legal counsel for the Applicant hereby certifies that the
Applicant has authority under State and local olaw to comply with Section 305 of the
aforesaid Federal Act and tha~ the foregoing aSsurances and agreements have been
legally and duly given and made by tbe ~24~-. ~
City Attorn~ero,{.
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UNITED STATES OF AMERICA
DEPARTMENT OF HOUSlNG AND URBAN DEVELOPMENT
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CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP lAND FOR OPEN SPACE
PURPOSES UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDID
PART I
Project No. Fla. OSA-78
Contract No. Fla. OSA-78(G)
THIS AGREEMENT, consisting of this Part I and the Terms and Conditions (Form
HUD-31SOb, dated 6-69) forming Part II hereof (which Parts, together, are herein
called the "Contr'act"), effective on the date hereinbelow set ou~, by and between
the CITY.OF CLEARWATER, FLORIDA (herein called the "Public Body") and the United
States'of America (q,erein called the "Government"), WITNESSETH:
In'consideration of the mutual covenants, promises, and representations
contained herein, the parties hereto do agree as follows:
.~, ;.,~...
SEe. 1. PURPOSE OF CONTRACT
The purpose of this Contract is to provide Federal financial assistance to
the Public Body in the form of 8. grant of Federal funds (herein called the "Grant")
under Title VII! of the Housing Act of 1961, as amended, for the purpose of carrying
out a certain open space land project (herein called the "Project") am to state
the terms and conditions under which such assistance will be extended.
S!X:. 2. THE PROJECT
(a) The Publ1~ n~J agrees to undertake, carry out, and complete the
.acquisitio'" 0-:' f...-;' simple title in that certain land located in the City of
C' -_ ....o;er, County of Pinellaa., State of Florida, and more generally described
&8 shown on the Exhibit A attached hereto and mad~ a part hereof by reference.
(b) The ~blic Body agrees to r~tain said land, as developed, for permanent
open space purposes and the open space use or uses of said land shall be for park
and recreational purposes, conservation of land and other natural resources, or
historic or scenic purposes.
SEe. 3. THE GRANT
In order to assist the Public Body in carrying out the Project, the Government
agrees to make a grant to the Public Body in an amount equal to $213,875 or 50 per
centum of the eligible Project costs as determined by the Government, whichever~s
the lesser.
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SfX:. 4. RELOCATION GRANT
Not Applicable
SEC. S. TIME OF PERFORMANCE
The Public Body agrees that it will complete the acquisition of the open
space within 6 months after the date of execution of the Contract.
SEC. 6. COUNTERPARTS OF THE CONTRACT
This Contract may be executed in two counterparts, each of which shall be
deemed to be an original. and such counterparts shall constitute one and the
same instrument.
S'EC. 7. CHANGES APPLICABLE TO PART II HEREOF
,.
fb8 following changes are hereby made in the attached Terms and Conditions
designated Part II'hereof:
(a) Wherever there appears in the Terms and Conditi.ons, Part 11, of this
Contract any reference ~o or any provision directed toward demolition and/or
development activities on open space land acquired as part of the Project
authorized hereunder, such provision or reference shall be deemed to be sur-
plusage, it being understood and agreed by and between the parties hereto that
the purpose of this Contract is to provide' for Federal grant to assist in the
acquisition of 14nd for-open space purposes.
(b) In Sec. 106(B) - Labor and Construction Provisions, Competitive Bidding -
of the Terms and Conditions, Part 11. of this Contract, the amount of $2,500
should be deleted wherever it appears and the amount $10,000 substituted in lieu
thereof.
SEC. 8. SPECIAL CONDITIONS
(a) Deed Restriction;' Recordation. ThP- Public Body agrees to have prepared
and recorded in the-appropriate Lanci ~.. Deed records for each open space site
contained in this projecl au.vpr~?riate restriction indicating that the site or
..~ intere~ the~~1n ~ay not be sold, leased, or otherwise transferred without the
prior-written approval of the Secretary of Housing and Urban Development, his
designee, or any successor thereto. This restriction may be recorded in the Public
Body'S deed or deeds to the open space site or in a separate instrument, provided
that the method used gives constructive notice (or the equivalent) of the
restriction.
(b) The Public Body will abide by such land acquisition and relocation
policies as have been or may be hereafter established under The Uniform Relocation
Assistance and Real Property Acqui8ition Policies Act of 1970 (Public Law 91-646,
9lst Cong., S.l. 84 Stat., 1894) and regulations and procedures issued pursuant
thereto.
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IN WITNESS'~EREOFt the Public Body has caused this Contract to be duly
executed in its behalf and i~8 seal to be hereunto affixed and attested; and,
thereafter, the Government h~s caused the Same to' be duly executed in its
be4alf this 6th day of Mav , 1971.
(SEAL)
SFAL IMPRESSED
CITY OF CLFARWATER, FLORIDA
Countersigned:
Is/ H. Everett Hou~en
Mayor-Commissio~er
H. Ever~tt Hougen
By Isl M. R. Stierheim
(Signature)
M. R. Sfierheim
City Manager
(Type Name and Title)
ATTEST:
"
Isl Robert G. Whitehea~
, Robert Go (~~~~&~~~)
City Clerk APR 20 1971
(Type Name and Title)
Approved as to f~rm & corr~ctness:
Is/ Herbert M. Brown
" City Attorney
HerbertM. Brown
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By Is/ ThomasJ. Armstrong
Assistant Regional Administrator
for Metropolitan Development
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OP~SPACE APPLICATION
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CITY OF CLEARWATER, FLORIDA
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OS 101: LEGAL DESCRIPTIONS
.1. Kings Highway
2~ .... ~el Ora on Tampa B,ay
.-' 3. Haines Road
4~ Coachman Property
5. N.E. Coacbt"an &.: Coachman
6. Avalon to Kendall
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OPEN SPACE APPLICATION
CITY OF CLEARWATER, FLORIDA
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OS 101: Legal Descriptions
1. KINGS HIGHWAY:
Begm at the Southwest corner of the Southwest 1/4 of the
~outbwest 1/4 of SectlOD.. Z, TOWllship Z9 South, Range 15 Eas,t,
and run N. 0008'17" West 663. 07 feet~ thence run S. 890Z4'31""
Ea8t 33.0 feet to a P. R. M. for a Point of Beginning, thence
I'W1 N 0008'17" West, 341.08 feet to a P.R.M., thence run
s. 890Z4'31" East 633.13 feet to a P. R. M., thence run
S 0007'59" East, 341.30 feet to a P. R. M., thence run
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N. 890Z4'31" .West 633.10 feet to a Point of 13egiDning.
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OPEN SPACE APPLICATION
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CITY OF CLEARWATER. FLORIDA
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'OS-101: Legal Descripti.on
2. Del Oro Groves on Tampa B'ay'
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, Lots 179 .through 187, and Lots Z7Z through Z80, Del Oro
Groves Subdivision, North 1/2 of Southeast 1/4 of Section 9.
Township Z9 South Range 16 East, and Northeast 1/4 of
No~ea.t 1/4 of Southwest 1/4 of Section 9 Township Z9 South
RaDle 16 E., PiDellae County, norida
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OPEN SPACE APPLICATION
CITY OF CLEARWATER, FLORIDA
05'-101: Legal Descri.ption
3. HAINES ROAD
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Begin at the Southwest corner of the Southeast 1/4 of the
Southwest 1/4 of Section 9~ TOW1ship 29 South, Range 16 East,
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and run N. '00 11' 02" East 667.0 feet, thence run S. 890 26' 14"
East 668:73 feet to a P. R. M. for the Point o{ Beginning,
thence run N. 00 09' Z3" East, 666.92 feet to.a nail, thence
run S. 890 24' 32" East,. 668. 40 feet to a P. R. M., thence
1"UD S.. 00 07' 43" West, 666.60 feet to an Iron Pin, .thence
I'un N 890 261 14" Weat 668. 73 fee~ to the Point of Beginning.
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CITY OF . CLEARWATER, FLORIDA
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OS-101: Legal Description
4. COACHMAN PROPERTY
Sema that part of the Southwest Quarter (SW~) of the Northwest
Quarter (NW1) of Section 8; TOWllship 29 South. Range 16 East,
lying North of the right of way of the Seaboard Coastline Railroad
and East of the right of way of U. S. Highway No. 19. Being more'
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and particularly de'scribed as follows, to .wit:- Commence at the
Southwest corner of the Northwest Quarter (NW~) of the aforesaid
Sec. 8, Twp. 29 So., Range '16 E. and run N. 0054145" E. -412. 77
feet along the West Boundary of the aforesaid Nwl of Sec. 8-29-16;
thence S. 81005145" E. -121. 18 teet to an intersection of the. North
Boundary of the Aforesaid Seaboard Coastline right of way with the
'Eastern right of wayline .of the aforesaid U.s. Highway No. 19 for a
point of beginning (POB). From this located POB continue 5.
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81005145" E. -1250. 68 feet; thence run N. 1010141" E. 1119.79 feet;
thence N. 89035'27" W. -1263.79 feet to the aforesaid Eastern right
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of way line ,of the aforesaid U.s. Highway No. 19; thence 5.
0054'45" W. 232.94 feet; thence S. 890051 is" E. -10.00 feet: thence
-
,.s. 0054'45" W. 500.00 feet; thence 5. 89005 lIS" E. -10.00 feet: .
tJ?ence 5. 0054'45" W. ' 201. 89 feet to the POB and containing 29.499
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acres more or les.. Bearmgs shown hereon refer to the Pinellas
\ ' County Grid System.
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OPEN SPACE APPLICATION
CITY OF CLEARWATER, FLORIDA
OS-101: Legal Description
.
5. N. E. COACHMAN & COACHMAN
A parcel of land lyin,a in the North I/Z of Section 7, Township 29 S., Range
16 E.. Pinellas County, Florida and being more particularly described as
follows:
Commencing at the Southwest corner ,of the Southeast 1/4 of the
Northwest 1/4 of Section 7, Township Z9 S., Range 16 E.: run thence
. S 890.56'.Z5" E." 954.81 feet along the East/West center line of said
Section 7.29-16 to the Southeast corner of Lot 26" Hillcrest Estates, First.
Addition as recorded in Plat Book 63, Page 48 of the public records of
Pmellas County", Florida, the POlNT OF BEGINNING. run thence
N.210.02'.38" W., 394.69 feet alOng the Easterly line of said Lot 26,
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HiUcreat Estates, First Addjtion to a point on the Easterly right of way
ltDe of State Road 590; run .thence N. 350.50'10" W., 17.00 leet to a
point on the Easterly right of way line of said State Road 590; run thence
N. 540.09'-50" Eo" 193. 77 feet along said Easterly right of way line 01
.ald State Road 590 to the Northwest corner of M8tB, 7-1; run thence
S 35050'.10" E." Z25.71 feet to the Southwe~t corner of M&tB, 7-1: run
thence N. 540.09'.50" E.. 208. 71 feet to the Southeast corner ofM&B, 7-1:
I'UD thence N. 350-50'.10" W., 22'5.71 leet to the Northeast corner of M&B,
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1-1,- aaid corner lying on the Ea.terly right of way line of said State Road
590; r~ thence N. 540.09'.50" E." 26q.34 feet along the Easterly right
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01 way Une of said State Road 590 to a point on the Southerly right of way
Une 'of Seaboard Coast Line R.aUroad; run thence S. 720.46'.46" E., 4.62
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feet along said Southerly right of way line of Seaboard Coast Line Railroad
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OPEN SPACE APPLICATION
CITY OF. CLEARWATER, FLORIDA
OS.. 1 0 1: Legal De scription
5. N. E. COACHMAN 8c COACHMAN -
Page *2
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to a point on the Westerly right of way of County Road 32; run thence S. 310
37'-54" E., 36.90 feet along said Westerly right of way line of County Road
32 to the p. C.of a curve to the lelt havmg a radius of 630.00 feet, a
central angle of 420_06102", an arc distance of 462.92 teet, a chord dis-
taDce of 452.58 feet, a chord bearing of S. 520_40'56" E., to the P. T. ;
continue thence S. 730_43' ..57" E., 419.66 feet along said Westerly ri.ght
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of way line of said CO\Uity Road 32 to the P. C. of a curve to the right
,having a radius of 677. 00 fe~t, a central angle of 470_ fO'-lOIl, an arc
distan ce of 557.38 feet, ,. '~ord distance of 541.77 feet and a chord
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. bearing of s. 500_08'..47" E. to a point on the East/West center line of
Section 7~29..16; run thenc. N. 890..56'25" W., 1,588.17 feet along said
East/West center line of Section 7-29-16 to the POINT OF BEGINNING~
hbject to the following ea8ementl': lZ.5 foot wide for Florida Power
Corporation as, recorded in O. R. Book 215, Page 39, Instrument No.
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,. the ~ity of Clearwater, Flori4.f. a8 recorded in '0. R. Book 3075, page 701,
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"tn.trument No. 69045135. public records of Pinellas County Florida.
Said parcel containing 16.305 Acres M. O. L.
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OPEN SPACE APPLICATION
CITY OF CLEARWATER, FLORIDA
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OS-101: LEGAL DESCRIPTION
. '
6. AVALON TO KENDALL
Lots 1, 2, 3, 4 and .15, Block 7, Clearwater Beach Subdivision,
which is further described as: Being the north 252 feet of
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GOvernment Lot 3, Section 8, Township 29. South Range 15 East
and the South 248 feet of Government Lot 6 in Section 5, Twp. Z9 S.,
alge' 15 East and beginning at a poi<<lt 248 feet North of the South
Boundary line of Gov~ Lot 6, Section 5, Twp. 29 S Range 15 E.
and run north 500 feet; this tract of land being bounded on the
'Eaat by Clearwater Bay and on the West by the GuU of Mexico
aDd also beginning at a poiDt 748 feet North of the South boundary
liDe of said Gov. Lot 6' in Section 5.twP. 29 Se, Range 15 E. and
:rUnning north 1092 feet. This tract of land being bounded on the
'Weat by the Gulf of Mexico and on the East by Clearwater Bay.
Also the South 500 feet of the North 800 feet of Gov. Lot 6in
Sec. 5, ~. 29 S. Range IS E.
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Cl::Kl'1F1CATJ:: 01:' ASSU1\AN(;&
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" .. Under Un1 ,rm Relocnt ion Assistonce ond 1 ,,1,
'_ .';::;.f:,;:;:;:'~":' hoperty Acquisition l'olic~es,Act of 197~..~" -.
. '.~,' Thb City of Clearwater, Florida (Applicant herei~)
:.... hereby assures that it has auLhority under Slatc....,and local law to comply with Sect ion
~.30Sof the .Federal Act entitl~d "Uniform Reloc~tion Assistance and Real Prupcrty
. ': -Ac~..ition policies Act of 1970," approved January 2', 1971, (Public Law 91-6-'..6,
'1st Cong. S.l, 84 Stat. lS9~) and certifies, assures, and agrees that, notw-ith-
, standing any provision set forth 1n any application, contract, or agreement for
. Iroject No. Fla.OSA -78 : .
(1) in'acquiring real property in connection with said project, the Appli-
cant will be guided to the greatest extent practicable under State laW,
by the acquisition policies set out under Section 301 of the Federal
. Act and the provisions of Section 302 thereof; ,;;)i~',.
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(2) property owners will be paid or reimbursed for necessary expenses as
.pecifted in Section 303 and 304 of the Federal Act; and
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(3)
the costs of the Applicant of providing payments and assistance here-
'under shall be borne in accordance. ~.lith Section 211 of the Federal '
Act ; and . '. . . . . .\~' .I~'" r;~':., .... .
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.. ~.. ,. (4) the Applicant will execute such aJDCndments to above-mentioned contracts
.'; .' . and agreements and execute, furnish and. be bound by, such additional
: _ .,'" :. cJpcuments as the Secretary of Housing and Urban Development shall deter-.
. _' mine necessary to effectuate or implement ~he assurances provided hereunder.
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, This document is hereby made part of and incorporated in any application, contract,
. or agreement or any supplements and amendments thereto and shall be deemed to super-
.ede any provisions therein to the extent that such provisions conflict with the assur-
ancesoragreements provided hereunder. '. .. '. ,.
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