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1991-24 Lease Maintenance Agreement for Hamilton Forman ParcelRESOLUTION NO. 91 - 24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND BROWARD COUNTY AUTHORIZING AN INTERLOCAL AGREEMENT FOR THE LEASE, IMPROVEMENT, OPERATION AND MANAGEMENT BY THE CITY OF PARKLAND OF THE 20 ACRE FORMAN ESL PARKSITE WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interests of the citizens of the City to enter into the attached Agreement with Broward County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland, Florida and Broward County. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS / q el DAY OF SUSAN ARMSTRO G, CITY , 1991. INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND for L .SE, IMPROVEMENT/ OPERATION AND MANAGEMENT BY CITY OF 20 -ACRE FORMAN ESL PARKSITE INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND for LEASE. IMPROVEMENT. OPERATION AND MANAGEMENT BY CITY OF 20 -ACRE FORMAN ESL PARKSITE This is an Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND CITY OF PARKLAND, a Florida municipal corporation, hereinafter referred to as "CITY." WHEREAS, it is the purpose and intent of this Agreement, the parties hereto, and the Florida Interlocal Cooperation Act of 1969, as amended, codified as Section 163.01, Florida Statutes, to permit COUNTY and CITY to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby accomplish the objectives provided for herein in the manner that will best accord with the existing resources available to each of them and with the needs and developments within their respective jurisdictions; and WHEREAS, CITY and COUNTY desire to embark on a cooperative venture regarding the improvement, operation, and management of a 20 -acre parcel of property acquired by COUNTY as an environmentally sensitive site; said property more commonly referred to as the "Forman Parcel" is more specifically described in Exhibit "A," attached hereto and made a part hereof and is hereinafter referred to as the "20 -acre Parksite" or "Property"; and WHEREAS, COUNTY desires to lease to CITY the 20 -acre Parksite located in the unincorporated area of COUNTY contiguous to CITY for improvement, operation and management by CITY as a public park; and WHEREAS, COUNTY desires and agrees to undertake voluntary annexation procedures pursuant to Section 171.044, Florida Statutes, in order to transfer to CITY the 20 -acre Parksite located in the unincorporated area of COUNTY contiguous to CITY for improvement, operation and management by CITY as a public park; and WHEREAS, CITY and COUNTY acknowledge and agree that this Agreement is conditioned upon the annexation of the subject Property into CITY and shall not be deemed effective until such time; NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 BACKGROUND: PURPOSE AND INTENT 1.1 The above recitals are true and correct and incorporated herein as if set forth in full herein. 1.2 It is the purpose and intent of this Agreement for COUNTY and CITY, pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a means by which each governmental entity may exercise its respective powers, privileges and authorities which they share in common and which each might exercise separately in order to further a common goal. 1.3 The parties acknowledge that the provisions in this Agreement related to the transfer and subsequent improvement, operation, and management of the 20 -acre Parksite shall not be deemed effective until such time as the subject Property is annexed into CITY. 1.4 In order to further the efforts to be undertaken by CITY in connection with the improvement, operation, and management of the 20 -acre Parksite, the parties hereto acknowledge and agree to cooperate with each other to the fullest extent reasonably necessary to accomplish the mutual desire of the parties that the project be successfully completed. ARTICLE 2 LEASE 2.1 LEASE OF 20 -ACRE PARKSITE. For and in consideration of the sum of Ten Dollars ($10.00) per year and other good and valuable consideration, COUNTY agrees to lease to CITY, within (60) days following the annexation of the subject Property into CITY, the 20 -acre Parksite described herein in Exhibit "A," attached hereto and made part hereof, for a period of ninety nine (99) years unless sooner terminated as provided in this Agreement, to be improved, managed, and operated by CITY as a public park. -2- 2.2 USE OF PREMISES. CITY shall create a plan that preserves and enhances the environmental features of the 20 -acre Parksite and mitigates any potential environmental damage. The goal of the parties hereto is to create a park that is generally passive in nature, use, and improvements without any extensive construction or development and under no circumstances shall organized sports be a permissible park activity. Any proposed use for the 20 -acre Parksite shall be consistent with the terms and conditions contained in this Agreement. The CITY'S rights hereunder are also subject to those restrictions, limitations and rights of CITY contained in this Agreement. CITY covenants that CITY will not commit waste to or on the Property, nor take or remove any earth, muck, soil, sod, rock or other substances from the premises other than as set forth in the approved plan provided for in Section 3.3 of this Agreement and CITY shall use due care and diligence to prevent others from doing same. CITY covenants to keep and maintain the Property in good order and condition and, furthermore, CITY covenants that CITY shall not commit a nuisance on the Property or permit others to so do; nor shall CITY itself use the Property for any unlawful purpose, or allow any other person to do so. 2.3 UTILITIES. CITY shall be solely responsible to obtain and shall promptly pay all charges for telephone, gas, water, electricity, sewage, garbage removal, and any other utility used or consumed on the leased premises. 2.4 IMPROVEMENTS. Within one hundred and twenty (120) days of the date of annexation of the subject Property into CITY, COUNTY shall construct, at its own expense, a six foot (6') chain link fence on the perimeter of the Property. The CITY may upon obtaining COUNTY'S prior written consent (which consent shall not be unreasonably withheld) make improvements which are consistent with the use of the premises as set forth in Section 2.2 of this Agreement. 2.5 JOINDER. The COUNTY agrees that it will join, cooperate and shall sign such reasonable documents as may be required by law in connection with grants of easements, land use documents, governmental permits and plats and other documents as may be -3- reasonably requested by CITY, provided that such joinder shall not adversely affect the COUNTY'S use of the premises as contemplated by this Agreement. ARTICLE 3 IMPROVEMENT. OPERATION. AND MANAGEMENT RESPONSIBILITIES 3.1 CITY'S RESPONSIBILITY FOR RESOURCE MANAGEMENT PLAN. CITY agrees to develop a resource management plan for the 20 -acre parksite acceptable to the COUNTY within eighteen (18) months after the execution of this Agreement. The resource management plan will incorporate concepts stipulated in Section 2.2 of this Agreement and will include, but not be limited to, maintenance of the cypress stand and other native vegetative communities as viable reproducing resources and a methodology and timeframe for the removal and eradication of invasive exotic vegetation. 3.2 CITY'S RESPONSIBILITY FOR IMPROVEMENT. CITY and COUNTY agree that CITY shall be solely responsible for the improvement, operation, and management of the 20 -acre Parksite in accordance with the terms of this Agreement. Upon completion of the resource management plan, CITY agrees to prepare a master plan for improvement of the property. 3.3 RESTRICTIONS ON IMPROVEMENTS. 3.3.1 CITY agrees to maintain the 20 -acre Parksite as a park with enhancements that are compatible with the preservation of the natural resources located thereon. CITY further agrees that any improvement of such Property will have minimal impact on the ecological integrity of the site. 3.3.2 CITY agrees to prepare a resource management plan outlining the means which will be utilized to assure the future maintenance of the natural resources presently existing on the site. 3.3.3 CITY agrees to give priority to the removal and eradication of invasive exotic vegetation, namely Schinus terebinthifolius, commonly called Brazilian Pepper, from the 20 -acre Parksite. 3.3.4 CITY agrees that the 20 -acre Parksite and all its facilities and amenities will be available to all residents and inhabitants of the COUNTY and that any entrance, user or other fees, or conditions assessed -4- by CITY will be identical for CITY and COUNTY residents and inhabitants. 3.3.5 CITY agrees to construct, install, and maintain a sign acceptable to COUNTY which indicates that this is a joint COUNTY and CITY effort and further commemorates the role of the Board of County Commissioners for Broward County in the acquisition of the 20 -acre environmentally sensitive site. 3.3.6 CITY agrees that the 20 -acre Parksite is to be named and identified as "The Doris Davis Forman Wilderness Preserve" or "The Doris Forman Park." 3.3.7 COUNTY, as owner of the property, reserves the right, at its sole expense, to install, operate and maintain one (1) production well on the site. COUNTY agrees that all reasonable efforts will be made to minimize impact on the property and the natural vegetative areas. 3.4 APPROVAL OF IMPROVEMENT PLANS. 3.4.1 COUNTY shall have the right to review and approve in writing in advance the resource management plan and master plan for improvement of the 20 -acre Parksite. 3.4.2 CITY agrees to provide the public with nature interpretation through the development and implementation of an environmental education program acceptable to the COUNTY. COUNTY agrees that such consent shall not be unreasonably withheld. 3.4.3 COUNTY agrees to provide CITY with assistance in the improvement of the Parksite, which assistance shall include but not be limited to the following areas: 3.4.3.1 Technical assistance in determining and developing a complete inventory of site vegetation. 3.4.3.2 Technical assistance in the development of a conceptual master plan for improvement and utilization of the property. 3.4.3.3 Technical assistance in developing an educational nature interpretation program. -5- 3.4.3.4 Technical assistance in developing grant applications, as appropriate, for future development, services or programs. 3.4.3.5 Upon approval by the COUNTY of the resource management plan and master plan for improvement of the property, COUNTY will provide financial assistance in the amount of Eighty Thousand Dollars ($80,000.00) for improvements to the 20 - acre Parksite, which improvements shall include, but not be limited to, the installation of an elevated boardwalk of approximately 500 lineal feet and the preparation of an unpaved overland foot trail of approximately 1,000 lineal feet. Any financial assistance by COUNTY shall be used only for resource management and improvement of the 20 -acre parksite as provided for herein. 3.4.3.6 COUNTY agrees to provide funding and resources necessary to locate, install and maintain a production well on the site. 3.5 CONSTRUCTION. 3.5.1 CITY agrees to abide by and include the following provisions in all contracts it enters into with successful Contractor(s) in connection with the construction and completion of the improvements at the Parksite contemplated by this Agreement: In consideration of. Twenty-five Dollars ($25.00) and other valuable consideration, the CONTRACTOR shall indemnify and save harmless Broward COUNTY ("COUNTY"), its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the work to be performed on the subject Property including warranty period; or by or in consequence of any negligence (excluding sole negligence of COUNTY) , in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said CONTRACTOR or its subcontractors, agents, servants or employees. -6- CONTRACTOR agrees to indemnify and save harmless the COUNTY including warranty period against any claims or liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the CONTRACTOR, his or her subcontractor, agents, servants or employees. CONTRACTOR agrees to indemnify and save harmless the COUNTY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against COUNTY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against COUNTY including warranty period for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. CONTRACTOR further agrees to indemnify and save harmless the COUNTY, its officers, agents and employees, for or on account of any injuries or damages, received or sustained by any person or persons resulting from any patent construction defects. These indemnifications survive the term of this Contract. In the event that any action or proceeding is brought against COUNTY by reason of any such claim or demand, CONTRACTOR, upon written notice from COUNTY shall resist and defend such action or proceeding by counsel satisfactory to COUNTY. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the COUNTY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against the COUNTY excluding only those which allege that the injuries arose out of the sole negligence of the COUNTY, which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, its subcontractors or by anyone directly or indirectly employed by either. 3.5.2 CITY agrees to include the following insurance language in any agreement it enters into with any successful Contractor(s) the requirement that the Contractor(s) maintain throughout the term of this -7- Agreement and further agrees to provide to COUNTY, prior to commencement of any improvements, Certificates of Insurance evidencing Contractor(s) compliance with the requirements of this section: Insurance Requirements: A. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by COUNTY (or for such duration as is otherwise specified hereinafter) , the insurance coverages set forth herein. 1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: a. Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. b. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: a. Premises and/or Operations. b. Independent Contractors. c. Products and/or Completed Operations for contracts over Fifty Thousand -8- Dollars ($50,000.00) - CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Explosion, Collapse and Underground Coverages. e. Broad Form Property Damage. f. Broad Form Contractual Coverage applicable to this specific Con- tract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. h. COUNTY is to be expressly included as an "Additional Insured" in the name of "Broward County Board of County Commissioners" with respect to liability arising out of operations performed for COUNTY by or on behalf of CONTRACTOR or acts or omissions of COUNTY in connections with general supervision of such operation. 3. Business Automobile Liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: g. a. Owned Vehicles. b. Hired and Non -Owned Vehicles. -9- c. Employers' Non -Ownership. B. If the initial insurance expires prior to the completion of the work, renewal certificates of insurance shall be furnished to the COUNTY thirty (30) days prior to the previous certification's expiration. C. Notice of Cancellation and/or Restriction - The policy(ies) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. D. The CONTRACTOR shall furnish to the designated Contract Administrator Certificates of Insurance or endorsements evidencing the insurance coverage specified above within 15 days after notification of award. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in COUNTY Form 00608. E. The official title of the owner is "Broward County Board of County Commissioners." This official title shall be used in all insurance documentation. 3.5.3 CITY agrees that prior to commencement of any construction at the 20 -acre Parksite, the CITY, through its Contractor(s) shall deliver, or cause to be delivered, to the COUNTY one or more Payment and Performance Bond(s) ("Bond") for the Project naming the COUNTY as a dual obligee in said Bond; which Bond shall be in an amount at least equal to One Hundred Percent (100%) of the contract amount guaranteeing to COUNTY the completion of the work covered in such contract as well as full payment of all suppliers, materialmen, laborers, or subcontractors employed pursuant to the Project. Such Bond(s) shall be with a surety company which is qualified pursuant to Section 3.6 herein. 3.5.4 Such Bond(s) shall continue in effect for one year after final completion and acceptance of the work with liability equal to One Hundred Percent (100%) of the Contract price or amount of the work, or an -10- additional bond shall be conditioned that the Contractor(s) upon notification by the COUNTY, correct any defective or faulty work or materials which appear within one year after final completion of the Contract or one year after the work has been completed. 3.5.5 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, CITY'S Contractor(s) shall ensure that the Bond(s) referenced above shall be recorded in the public records of Broward County. 3.5.6 In lieu of a Payment and Performance Bond(s) referenced above, Contractor(s) may furnish an alternate form of security which may be in the form of cash, money order, certified check, cashier's check or irrevocable letter of credit on County Form 00635. Such alternate forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable above and shall be held by COUNTY for one year after completion and acceptance of the work. 3.6 Oualification of Surety: 3.6.1 Performance and Payments Bonds over Five Hundred Thousand Dollars ($500,000.00): 3.6.1.1 Such bonds must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five years. 3.6.1.2 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the cir- cular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety -11- company shall provide COUNTY with evidence satisfactory to COUNTY that such excess risk has been protected in an acceptable manner. 3.6.1.3 The surety company shall have at least the following minimum ratings or A -rated companies listed in same Financial Size Category in the latest revision of Best's Insurance Report: Best's Best's Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 A Class I 1,000,001 to 2,000,000 A Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 3.6.2 For projects of $500,000.00 or less, COUNTY may accept a Performance and Payment Bond (Performance Bond and Payment Bond) from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise incompliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code. The Certificate and Affidavit so certifying (COUNTY Form 00622) should be submitted with the Bid Bond and also with the Performance and Payment Bond. 3.7. CITY agrees that COUNTY shall have a right to inspect construction of the improvements at the Parksite in order to determine compliance with the approved plans and specifications. COUNTY agrees that said inspections shall not unreasonably delay, hinder or interfere with the Project. -12- ARTICLE 4 TIME FOR PERFORMANCE CITY and COUNTY agree that the improvement of said Property in accordance with the approved resource management plan and master plan for the property shall commence within three (3) years of the effective date of this Agreement and shall be accomplished by CITY within ten (10) years of said effective date. ARTICLE 5 TERMINATION COUNTY shall have the right at any time to inspect the Property described herein in order to determine compliance with this Agreement. In the event that the CITY fails to keep and perform any of the terms, conditions or covenants under this Agreement, COUNTY shall provide written notice requiring the satisfactory and immediate correction of that failure within sixty (60) days. If the CITY fails to remedy the failure to the satisfaction of COUNTY within the specified time frame and, in the opinion of COUNTY, the CITY is not working diligently to remedy such failure, this occurrence shall be deemed to be an event of default. The CITY acknowledges and agrees that, in the event of a default under this Agreement, the COUNTY shall have the option, at its sole discretion, to i) pursue all remedies which are available to COUNTY pursuant to Article 6 of this Agreement, or ii) cause this Agreement to be terminated including the leasehold interest of CITY. In the event COUNTY elects to terminate this Agreement as provided for herein, CITY and COUNTY agree that the COUNTY may assume all the rights and obligations to improve, operate, and manage the 20 -acre Parksite pursuant to this Agreement. In the event COUNTY so elects to assume all rights and obligations of CITY, COUNTY shall have full right and authority to enter upon, manage, operate and control the 20 -acre Parksite. ARTICLE 6 REMEDIES In the event of any default or breach of any of the terms of this Agreement, it is specifically acknowledged and agreed that either party shall, in addition to all other remedies which may be available in law or equity, have the right to enforce this Agree- -13- ment by specific performance, injunctive relief or mandamus to compel the other party to abide by the terms of this Agreement. ARTICLE 7 INDEMNIFICATION CITY agrees, to the extent permitted by law and subject to the limitations contained in Section 768.28, Florida Statutes, to indemnify and save harmless and defend COUNTY, its agents, servants and employees, from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, negligent act, or conduct of CITY, its agents, servants or employees in the performance of its obligations under this Agreement. ARTICLE 8 MISCELLANEOUS 8.1 Joint Preparation. The preparation of this Agreement has been a joint effort of the parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 8.2 Entire Agreement and Modification. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matter contained herein. It is further agreed that no change, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8.3 Records. CITY agrees to permit COUNTY to examine all records and grants COUNTY the right to audit any books, documents, and papers that were generated during the course of development of the Property and following completion of same. CITY shall maintain the records, books, documents, and papers associated with this Agreement for at least three (3) years following execution of this Agreement. 8.4 Contract Administrator. The Contract Administrators for this Agreement are the Parks and Recreation Director or designee for COUNTY and for CITY. In the ad- ministration of this Agreement, as contrasted with matters of -14- policy, all parties may rely upon instructions or determinations made by the respective Contract Administrators. 8.5 Recordation/Filing. The County Administrator and Ex -Officio Clerk of the Broward County Board of County Commissioners is hereby authorized and directed after approval of this Agreement by the Governing Body of the CITY and COUNTY and the execution thereof by the duly qualified and authorized officers of each of the parties hereto, to file this Agreement with the Clerk of the Circuit Court of Broward County, Florida, for recording in the public records of Broward County, Florida as required by Section 163.01(11), Florida Statutes. 8.6 Notices. Whenever either party desires to give notice unto the other, such notice must in writing, sent by certified or registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: FOR BROWARD COUNTY: Director Broward County Parks and Recreation Division 950 N. W. 38th Street Oakland Park, Florida 33309 FOR CITY OF PARKLAND: Mayor -Commissioner City of Parkland City Hall 6500 Parkside Drive Parkland, Florida 33067 IN WITNESS WHEREOF, the parties have made and executed this Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair, authorized to execute same by Board action on the day of , 19 , and CITY OF PARKLAND, signing by and through its Mayor -Commissioner, duly authorized to execute same. -15- INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF PARKLAND FOR LEASE, IMPROVEMENT, OPERATION AND MANAGEMENT BY CITY OF 20 - ACRE PARKSITE. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Co.n r = an Ex -Officio Clerk of the Board of County Commissioners of Broward County, Florida LO NANCE ay of PARRISH, Chair 19?(. Approved as 'o form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By -16- re _i tits PAT ICE M. I Assistant County Attorney INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF PARKLAND FOR LEASE, IMPROVEMENT, OPERATION AND MANAGEMENT BY CITY OF 20 - ACRE PARKSITE. ATTEST: (CORPORATE SEAL) PME:bjw 6/26/91 20ACREPK.A02 #91-35.01 CITY CITY OF PARKLAND By /9' day of By erPAta• y10,1_ Vice -Mayor n oe day of f u.,v / , 19 71. Approved as to form: By -17- ty Attorney EXHIBIT "A" Description: Forman Site A11 of Tract 28, Section 35, Township 35 South, Range 41 East, Florida Fruit Lands Company's Subdivision No. 2, according to the plat thereof as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach County, Florida. Said lands situate, lying and being in Broward County, Florida. -18- • 95-570861 T#001 12-27-95 12:39PM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD LANGUAGE FOR PROPERTY RECORDS FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Notice of Limitation of Use/Site Dedication The Property identified in the attached project agreement and boundary map has been acquired or developed by the project sponsor with financial assistance provided by the Florida Department of Environmental Protection (DEP) in accordance with Chapter 16D-5, Part V, Florida Administrative Code. Pursuant to requirements of that rule, land either already owned and then developed or land acquired by the project sponsor with grant assistance shall be dedicated in perpetuity as an outdoor recreation area for the use and benefit of the general public. Leased land developed by the project sponsor with program assistance shall be dedicated as an outdoor recreation area for the general public for a minimum of twenty-five (25) years after completion of development. If the project sponsor should convert any part of the project area or the facilities thereon, whether acquired or developed with grant assistance, to other than DNR approved recreational uses, the project sponsor shall replace the area and facilities at its own expense with a DNR approved project of comparable or greater scope and quality. In lieu of such replacement, DEP may require return of grant funds disbursed to the project sponsor. FRDAP grant funds shall be refunded with interest, calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve. Revised 3/22/94 (WP5) LIMITUSE I certify that copies of the Notice of Limitation of Use/Site Dedication form, project agreement and project boundary map have been filed in the County Courthouse with the deed to the property on which the following grant project is located: Terramar Park FRDAP Project No_ F9604 i' FRDProject Name j d_N, wabei`: >> Sigxiaty[�je sof Iliai�¢nAgent Harry J. Mertz, City Manair, i Typed Name and Titl& ,�; December 11, 1995 Date MM.FEE ITEM RETURN TO FRONT RECORDING C'iL09d90C+iZ )48 F9642 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Acquisition This Project�Grant Agreement is made and entered into this 74► day of `-%)14%r wr,b,/ , 191f, by and between the State of Florida, Department of Environmental Protection, hereinafter called the DEPARTMENT, and the City of Parkland, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein, and pursuant to Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this Agreement by reference, as if fully set forth herein. Failure to comply with provisions of the RULE may result in cancellation of the Agreement by the DEPARTMENT. Disputes concerning the interpretation or application of this Agreement shall be resolved by the DEPARTMENT whose decision shall be final and binding on the GRANTEE. The DEPARTMENT may cancel this Agreement for failure by the GRANTEE to perform pursuant to the terms and conditions of this Page 1 of 11 IiLOOd9oCizo Agreement. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of Section 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Terramar Linear Park (Florida Recreation Development Assistance Program, Project Number F96042), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for the acquisition of that real property, the legal description of which is set forth in full in the PROJECT application. The PROJECT application is incorporated into this PROJECT Agreement by reference as if fully set forth herein. 3. Prior to commencement of PROJECT acquisition, the GRANTEE shall submit for DEPARTMENT approval the documentation described in the Florida Recreation Development Assistance Program Acquisition Project Commencement Documentation Form, DEP Form 42-005. 4. This Agreement shall become effective upon execution and the Grantee shall complete acquisition of the PROJECT site by November 30, 1996. The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and must be made prior to PROJECT completion date. 5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $50,000.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. Page 2 of 11 S'iL09d90£ i`, P, DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $ 50,000.00 100% GRANTEE Match $ N/A Type of Match N/A 6. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre -audit and post -audit review. The Contract Manager shall, within sixty (60) days after receipt, review the completion documentation and payment request on the PROJECT and, if in order and all applicable requirements met and all PROJECT completion documentation submitted, as described in the Florida Recreation Development Assistance Program Completion Documentation Form, DEP For 42-006, approve the request for payment. 7. Within three (3) years from the completion date set forth in the PROJECT completion certificate, unless extended by DEPARTMENT staff for good cause at the written request of the GRANTEE, the GRANTEE will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements in accordance with the following development elements: multi-purpose fields. 8. Upon completion of development, the GRANTEE shall provide to the DEPARTMENT an as -built plan for the PROJECT site along with a list identifying the number and types of recreation and support facilities constructed and improvements made. In the Page 3 of 11 crj w -a G7 CD o. event the GRANTEE fails to complete development of subject property in the manner described in this Agreement on or before the date specified herein, the GRANTEE, upon notification from the DEPARTMENT, agrees to refund and will forthwith pay, the amount of money demanded --which payment shall be made directly to the DEPARTMENT. 9. The GRANTEE shall comply with the DEPARTMENT'S Grant and Contract Accountability Policy, Chapter 62A-11, Florida Administrative Code, hereinafter called the POLICY, and incorporated into this Agreement by reference as if fully set forth herein. The GRANTEE shall ensure that all purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs including required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the POLICY. The POLICY establishes uniform guidelines and procedures to be utilized by the DEPARTMENT and the GRANTEE in accounting for grant funds disbursed under the PROJECT and sets forth principles for determining eligible costs, supporting documentation and minimum reporting requirements. 10. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year Page 4 of 11 L' L00d90C retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit GRANTEE records for said PROJECT within the retention period. 11. Program funds may be reimbursed for eligible costs incurred by the GRANTEE prior to execution of this Agreement if the GRANTEE has been granted a written Waiver of Retroactivity by the DEPARTMENT and all applicable requirements have been satisfied. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligation or expenditure made prior to the execution of this Agreement with the exception of $50,000.00, for: land acquisition 12. Mary Ann Lee, Community Assistance Consultant, or successor, is hereby designated the DEPARTMENT'S Contract Manager for the purpose of this Agreement and shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, shall act on behalf of the GRANTEE relative to the provisions of the Agreement. The GRANTEE'S Liaison Agent shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the acquisition negotiations to date, percentage of completed development as described in Paragraph 7 herein and other appropriate information. Photographs shall be submitted once a year to reflect the Page 5 of 11 progress of the development. 13. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre -audit review and approval by the Comptroller of Florida in accordance with Section 17.03, Florida Statutes. 14. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 15. The DEPARTMENT reserves the right to inspect said PROJECT and any and all records related thereto at any reasonable time. 16. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with the Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 17. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for non-compliance by the GRANTEE with said Agreement, the GRANTEE will be allowed a maximum of sixty (60) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. Page 6 of 11 61L09i90C 108 18. The DEPARTMENT shall have the right to demand a refund, either in whole or part, of the funds provided to the GRANTEE for non-compliance with the terms of the Agreement, and the GRANTEE upon notification from the DEPARTMENT, agrees to refund, and will forthwith pay, the amount of money demanded -- which payment shall be made directly to the DEPARTMENT. Such refund shall include interest calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve on the date the DEPARTMENT calculates the amount of refund due. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT. 19. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 20. If asphalt paving is required for the PROJECT it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the GRANTEE must specify thickness of asphalt and square yards to be paved. 21. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 22. Land owned by the GRANTEE, which is developed or acquired with Florida Recreation Development Assistance Program Page 7 of 11 funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public. The dedication must be recorded in the public property records by the GRANTEE. The GRANTEE shall ensure that the PROJECT, if on GRANTEE -owned land and purchased or developed with Florida Recreation Development Assistance Program funds, shall be managed for public outdoor recreation purposes for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Land owned by an entity other than the GRANTEE which GRANTEE controls by lease, permit, license, easement, management agreement or other valid interest and developed with program funds, shall be managed as an public outdoor recreation area for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Should GRANTEE convert all or part of the PROJECT site to a use or uses other than DEPARTMENT approved public recreation use, the GRANTEE shall replace the area, facilities, resource and site at its own expense with a PROJECT of comparable scope and quality acceptable to the DEPARTMENT. In lieu of accepting a replacement facility, resource or site, the Department may require return of all grant funds with applicable interest. 23. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall Page 8 of 11 be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 24. This Agreement strictly prohibits the expenditure of Florida Recreation Development Assistance Program funds for the purpose of lobbying the Florida Legislature, judicial branch, or a state agency. 25. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes (b) If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. 26. In addition, a copy of the audit or attestation as required in paragraph 25, shall be submitted to the DEPARTMENT Page 9 of 11 ZSL0 i90€±in2 within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 27. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 28. It is understood by the parties that the amount of this grant may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, this grant may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 29. This Agreement represents the entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing duly executed by each of the parties hereto, and attached to the original of this Agreement. Page 10 of 11 CSL09d900i' 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Ma D ,rector n of Recr - ion and Parks Address: Office of Local Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 DEP t Manager Title: CITY MANAGER Address: 6500 Parkside Drive Parkland, Florida 33067 Approved as to Form and Legality: This form has been pre -approved as rantee Attorney to form and legality by Suzanne B. Brantley, Assistant General Counsel, on July 24, 1995, for use for one year. DEP 42-058 Revised 07-24-95 Page 11 of 11 1 1 1 1 1 1 1 1 1 SURVEYORS CURIUM ENGINEER: LAND DEVELOPAENT CONSULTANTS PLANNERS 6111 W.mt Atlontlo Blvd. (303)972-3939 (FAX) 172.4176 Mor00+4,. Florida 33063 • NOT A SURVEY__' _ ' "(SRETCH'ANty MAI DESCRIPTION) k444404.0 4 ( c LOCA1)ONMAP L"'" NOT1O SCas 1 LEGAL DESCRIPTION PARCEL B, "TERRAMAII TWO", ACCORDING TO TEE PLAT THEREOF AS RECORDED IN PLAT BOOK 142, PAGE 43, OF TRE PUBLIC RECORDS O! BROWARD COUNTY, FLORIDA, LESS TEERZFROl1 THAT PORTION DESCRISLD AS FOLLONS) BEOINNIN9 AT THE SOUTHWEST CORNER Or.SAID PARCEL 1; TEENCE NORTH 01'15'46 NEST, ALONG TRE NEST LINE OF SAID PARCEL B, A DISTANCE OF 33.00 FEET; TREECE NORTH $8444114" EAST, ALONG A LINE 35 FEET NORTH OF AND PARALLEL TO TEE SOUTHERLY ZOUNDARY OF SAID PARCEL B. A DISTANCE OF 72.66 PEET;THENCE BOUT* 79'33'22" EAST, ALONG SAID PARALLEL LINE, A DISTANCE O! 120.95 FEET: THENCE SOUTH 31'56'33" EAST, ALONG SAID PARALLEL LINE. A DISTANCE OF 137.64 FEET; THENCE SOUTH 54'17'56" EAST, ALONG SAID PARALLEL LINA. A DISTANCE OP 20.51 FEET; THENCE SOUTH 75'09'04" EAST, ALONG SAID PARALLEL LINE, A DISTANCE 0! 20.56 FEET; THENCE NORTE 65'11'27" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OP 60.04 !EE?; THENCE NORTH 50'51'11" EAST, ALONG SAID PARALLEL LIME, A DISTANCE OF 222.94 FEET; THENCE NORTH 63'30'45" EAST, A DISTANCE OP 249.10 PEET; THENCE SOUTH 26'29'15" EAST, A DISTANCE OF 220.00 FEET; TREECE ALONG SAID SOUTHERLY BOUNDARY OP PARCLL H THE FOLLOWING 10 COURSES: (1) SOUTH 6-3-'3014-51" 3EST; i DISTANCE' OF' 1437/1 TEAT r (Z1-' THSNCt ' NORTE' 44'12'57" WEST, A DISTANCE OF 37.37 PEST; (3) THENCE NORTH 62'02'04" WEST,: A DISTANCE OF 179.83 FEET; (4) THENCE SOUTH 50'51'11" WEST, A DISTANCE OF 209.42 FEET; (5) THENCE SOUTH 65'18'27" WEST, A DISTANCE or 77.06 FEET; (6) THENCE NORTH 75'09'04" WEST.. A DISTANCE or 39.58 FEET; (7-) THENCE NORTH 54'17'56" WEST, A DISTANCE 0! 31.67 FEET; (8) THENCE NORTH 38;56'33" HEST, A DISTANCE or 129.41 FE!T; (9) THENCE NORTH ,1.9433'22" WEST, A DISTANCE OP 104.41 PELT: (10) THENCE SOUTH ..9'8'44'14" WEST, A DISTANCE OP 69.07 FEET TO THE p01N.' OF BEGINNING. Ix; 4115/3 Men .11/2/93 EXHI$IT 'A" .12:.\WE51\DATA\NI03\TTPARB. SW\DCD S 1O. milK0 CmG. eK: OLSe LLL N/A REMAIN PARCEL 6 'H0.. TERNAIAM 2 CWO. BY - 1OATE 11-2-93 1 SNEET1 OF 4 SNEE-5 -••••••••'.."'-••••••••'.."'. 0 S 73'15'40°E 0.01' R - 1213.24' ,'34'16'I3• A sr 725.67' NON-YEI4CUAR y ACCESBINE 0 15'CS uf 10' LE. h N 32.08'53" W 100.72' N.38'59'27' W 150.00' N049� • g 4N 38.69'27' W 80.00' S 38'59'2711E 90.82' \\ ...-REMAINING PORTION 8 51'00'33' PARCEL "B' 12.00' TERRAMAR IWO N 83.69'27' W 4a.50' (P.B. 142. PG. 43. B.CR) �3O \\ \\ 50.406 AC. +/- \\ (1,324,477 SQUARE FEEL) LESS THIS 1.67 AC +/- PARCEL ----\ �EEUNEJOED ON MEET s OF; 81.12676) 110u71.15ntir eou+iOARY. PARCEL -r TRACT sour ERLF`AFC r BOUNDARY,PARCEt •8• / .30 6• V 691. TERRAMAR TWO (P.8. 142. PG. 43. B.CR) CAIRO. 900901 MG. K Y NO; TERRAMAR 2 oc'0. K: TRACT "E" i i :0'LE. --15 UE EXHIBIT "A" 1. • 200' REMAIN FAR 0 ,� 11-2-4� SHEET 2 OF 4 S*EC..S JIM POINT OF BEGINNING S.W. CORNEA PARCEL •0• ACREAGE N 01.15'46' W 35.00' WESTERLY 8O NNDARY. PARCEL -Me • ----S 88.4.4' 14' W •--- 69.or SCCITKERIX e0u4OARY. PARCEL •e• N 79'33'22" W 104.41' N 54.17'56' W 31.67' • `N15 09'04' W 39.58 5 65.181271 W 77.08' 'TRACT "D" N 44.12'6r W 37.37' .ebs4 .66 %' e NO' 4 i S. F kg N 88.44'14" E 72.86' 5 38.66'33' E 137.64' 554.17'68'E 20.51' 9 76'09'04' E 20.68' N65.18'27'E 60.04' �% z S 63'30'45" W •14371' 40 x28200 EXNII3IT "A" LSL 9d90C MEMO: Legibilityof wreuns, typing or printing uns'tlsfe ctory VA 00CUEUWG when NOTES 03..• . Rr.P.R4oticrzoxs or =is' SRZTCs Au 'NOT vALID trxrsss S'-'�. WITH. AN EMBOSSED SQ*VZ OR' S SIAL. 02. TIE LANDS SSOWM =ON WERE NOT ABSTRACTED .BY TED: UNDERSIGNED' POR RSO;ER'S--0P-rKAX, ZASZNZNTS, RZSERVATEONS, Mm-0THER•, f r.NZE &a - KA'1 TIME OE RECORD. 03. DATK HEREON WAS COKPEERD YBGX CTItER INSTRU)l NTS AND DOES NOT conk; r 1V B A TZZLD SUROESF AS SUCH. 04. SZARZNOS 2.$M?a. 421. '1'8:' SOOT$ LIN! 0? THE PLAT ENTITLED MTi2011MDr'17r0" AS RZOORDL'D• :11 PLAT 7300X 142, PACE, 43, SUET 7 or4.Oir WEE' PGILIC' RZOORDB' OP SMART COUNTY • RAVING A SZARENG . O?.801222.09• 4i.. 404:1lZ$T. • . 05. AI ZASZN NTS •• SNOW NERZON ARL PER RECORD PLAT. S. THE AREA Cf tHa PSL a 1.224.477 SQUARE FEET OR 30.400 ACRES MORE OR LESS IIIC PrUtp rN fMt:APICAL $t(XPtOS 1 AA CS EROWAPO COUNTY. FLORIDA DOUNly AOMN'S rRATOR ABBREVIAllONS N.T.S. Lam. 4` ssc. RAY P0. PA. NariauuF a UTury EASEMENT • CO ETRJM • SECTION a RIM' OF Yiloti • PriOE - Put UOOK LE. • LANDSCAPE EASEMEKT O.R.B. • OFFICIAL MOWS EOOK &CR • SNOW/1D COUNTY RECORDS R • RADIUS • CENTRAL ANGLE A • ARC DISTANCE LAST DACE O?, ?LLD 'WORE: NOTA SURVEY SURVEYORS S CERTT '!CATION HSRESE •comErt TBA: TICE •D?SCRtPTION AND =ET= SHOWN H=AEON Coats RITE =EMS STANDARDS,. FOR DESCRIPTIONS AS CONTAINED_; CSAP?ER 222R-4, PLORID7► ADKINESTRATIPL CODE, PURSUANT TO SECTION 472.027, YLORIDA STATUTES. • PROMESZL3NAL MID SURVEYOR • F T. RXD ► REGISTRATION H0.5253 11105 DAT.simOrOr EXHT_o::• "A" JOS NO. !0[ is • OMS. /M: r via • TEAR MAI ac.D. EY: r 1=A4 NIA DATE I1-2-95 I MANN PARCO. 5 WEFT 4 Of 4 s Erm