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HomeMy WebLinkAboutR-81-0003RESOLUTION Noy A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A FEDERAL LAND AND WATER CONSERVATION FUND GRANT IN THE AMOUNT OF $600,0005 AND A FLORIDA DEPARTMENT OF NATURAL RESOURCES GRANT IN THE AMOUNT OF $300,000 FOR THE IMPROVEMENT tisup AND UPGRADING OF BOTH MANOR PARK AND GIBSON ��% RK; FURTHER AUTHORIZING THE CITY MANAGER D("_":�(`�� r %� �' �/,, EXECUTE APPROPRIATE AGREEMENTS IN IMPtt� oc i��'i E V � �OENTING SAID GRANTS, FOLLOW WHEREASi the U. S. Department of Interior, Heritage Conservation and Recreation Service, has approved the State of Florida`s application on behalf of the City of iliami for improvements to Manor and Gibson Parks; and WHEREAS, through the commitment of $6004000 from the Federal Land and Water Conservation Fund Program, $300§000 from the State of Florida Department of Natural Resources, and $300,000 from a City of Miami Capital Improvement Fund, two City of. Miami Parks, Manor Park and Gibson Park, located in riot -disturbed inner-city neighborhoods, will be positively impacted and upgraded with $1,200,000 in needed improvements; and WHEREAS, as a result of this financial assistance, both the physical appearance and the recreational function- ing of these parks will be improved in maximum benefit to inner-city residents and the quality of life of these inner- city neighborhoods; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to accept a Federal Land and Water Conservation Fund Grant in the amount of $600,000, and a Florida Department of Natural Resources Grant in the alMount of $300,000 for the improvement and upgrading of both Manor Park and Gibson Park, Section 2. The City Manager is hereby authorized CITY COMMISSION MEETING OF JAN 1 5 � a RESULITION NO......�1 R�tI�ARY °' to execute all apptopfiate agteements it the acceptance and implementation of the hetetti grants - PASSED AND ADOPTED this 15 day of Januaty� 1981, MAMICE . A. MM M A Y 0 R ATTEST. . f� Q RAt, N G. ONGIE CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPRO_V-L.n AS TO �MTT NNU-WRRECTNESS GEORG F. KNOY, JR. CITY A TORNEY «S U P n- - yE FOLLOW INK* 0j it cliatd Lx 'ostn6ei becembet 29, 1980 City Mandjet Manor and Gibson Patks Land & Watet Conservation Vdhd Grant ,. Carl Xtth, bitector bepattmeh't of Parks it is hereby recommended that the City of Miami accept a Land and Water Conservation Fund Grant _ of $600,000 and a Florida Department of Natural Resources Grant of $100,000 for improvements, to Manor and Gibson Parks. inasmuch as the above crrants together with $300,000 from a City Of Miami Capital Improvement rand will provide a total of $1,200,000 for riot -disturbed neighborhood parks, it is appropriate that the funds be accepted and the agreement executed. CK/vb Enclosure cc: Law Department SU1 R T FOLLOW c •, w 8 f ATt 0 ftoftf LA tAt, i and Walt;ise'c at bn i u,1r1 y _ ?`;ter:t This acrPeitlent made and et�ter.: , :i -d Rt d bet},tieen the State o_ z lor.48a teparttietit of Natural Resciito'es ;terei.".arty:' Wr:l'�e: -.a , e-ina to. cajlP L'iL�"t� ��'.Sr..►�Tand �C.Z Y.._ CAI'. � � .�.•il...._._ ' zn f :ir therance of an approved r eore,.ti enal. rro- . gram inVo1vin? th.e Un .ted States as well as the parties I.ey?'.o ill. -a .tuatce of VII:Gil th^ parties hereto agree as follows! ■ 1 �� �=�otr�.ed riirsuurr to the 1� This a.,..�C..,�....,:. s__a:� .. re � 3nCi Water Conservation Fund Act o .966, '78 Stat► 89 (1964' , ' .�G.:�. as amended, and in accordance with the general nrovislons for suCII ■ ccr.tracts prescribed :�;' the [lriited States Depart-ment of the interiort iindOr Fate of Ju l' 15, 19780 attached 'hereto and desi 7nate-c. E�:.�.:_t i ■ "A" and made a pant hereof as though set forth herein in full. TA n the event a dispute should ..rise between the parties, crncernin4g , i the 'e herein contained- the same shall bzIt o: �ny ?unguur resolved by the adcr ;ion of `,:hat meaning which furthers tide Intent and purpose o4- sai'-1 :acts of Congress and the general provisions = governing this ccntract, as set forth in r_xhinit "A" hereto, ar.: no cons tructic li shall be contrary to the requirements of the Acts of Corcress or of. the regulations of the Secretary of the Int.ericr. — JLn differences of opinion which may not be resolved by ant, pro viaions or construction of such Acts of Congress and t::e internre- Cations or regulations of the Secretary of the interior or of tae ne-z rtment of the Interior chap.; s e- �•-ee►z the; P t- z to re.,olv�.�, o.. c , :r" --a 0 4 ation • is the intention of the pa 4 ee; hereto t!w-t D'C71S3C1s of Section , 63.Va, F "r.wa St.att.,�es, a.+, _ _ . b4ave apQlicatlon to tbpis agreeintP"It, , The has fovnd thA*� recreAt: on .= Y�3= Manor Par And ;ar�^Iry ?Vr 0=_e of tll-tir r�cje^� net;n aS ribson Par} _ , - - --. 7/11/79 FOLLOW11 ruhd support ., . SO .,.. %- t 1i "SUPPORTIVE 'iifid Ambunt i U Mi E T.S. Local ktlount $.. 300 o OrOr0. 00 11Ot, OLL FOW) State Cost Amount of this Stado 1��`S09`OS ASsslance of this Sta �e $ GOO 000 00 Any portion of these funds may be released In itttallnents, at the discretion of the DEP 11VIENT, upon the request of the ..;_ CITY Commissioners or the CITY'S duly authbri2ed agent, `Whose name and title shall be submitted to the DEPARTA1EL7T prior to co•,mMeftCe- ment of the project. Such requests shall be limited to three (3) in number and each request shall include all documentation required by the DEPARTMENT. The DEPAPTI ENT shall be notified fotthwith of any change in the person or authority of the designated agent. 6. This agreement shall take effect on , and shall terminate on December 31, 1981 in the event the CITY fails to develop the subject property in a manner described in this agreement, on or before December 31, 1381, the CITY agrees that upon demand it will return to the DEPARTMENT the total Land and Water Conservation Fund contribution. Any waiver by the DEPARTMENT for cause shown, and extension of the termination date of this agreement, shall not prejudice the right of the DEPARTMENT hereunder to demand refund of the contribution of the Land and hater Conservation Fund for failure to complete the project on or before the termination date as extended, 7. If the United States, acting through the Department of the Interior, the Secretary of the Interior or any other branch of the government of the United States, acting within ;;he scope of its lawful authority should for any reason demand a refund, from the in ,Vhole or in part, of the funds provided to the CITY udder the terns of this agreement, the CI''1' Upon notification from the 0 ?' � �';" :vT, agrees to refund, and will fort'"with repay, ti t? Amolant; of Trioney aQmaj#Ge4 :tihic . par - rt. shra 1 Ak ,at.d atiGrJater �onerf;ation FLZr]JAC�":e 1e►.t This agtoet e-ht. ',-Wade and entered into bit and between e St,at of Vlorida cepart:aetit of Natiiral iteSotirce5 h'rel sail c: ie:a _ e anc c:!Ty,.. of iii:AL�z - aft'e;Y caY in f'+r hel`ance of an approved proved recref-Ational pro - AA . Y CI1 tam Involving' tb.e iin _tea States as well as the parties eL me in u.s'l!ance of il':'+ich th^ -,'a tie hereto agree as fcllbtys: i • 'Y'h'i5 shall be Ne1'fOzF?�2d liL'Sliat'ii. t0 th3 lja_nf. and Wcater Ccnservm-tion Fund Act oy 1965, 78 Stat. 897 C-96 "' , ?5 3IZended, and in 31ccCrdance with the general provis:;.ons for such ccntra is prescribed by the United States Depar t-ment of the _1 tee_ i.o?`, tinder laatc of July 25, 1978, attached hereto and designated. "A" anel made a part hereof as trough set forth herein in full. In the event a dispute should arise between the parties, concern-J g the intent- of .any language herein contained he sa ile shall he resol—ed by the ac.op i.on o that meaning which furthers the ? me c`. and purpose of said Ac;.s of Congress and the general provisions grverning this lcntract, as set forth in Exhinit "A" hereto, an - no constructicit shall be contrary to the reguirernents or t::e ;acts c Congress or of ci_e regulations of the Oecretar✓ of the Irtericr. Fny differences of opinion which may not be resolved by any pro- viaions or construction of such Acts of Congress and the interpre- tations or regulations of the Secretary of the interior o: of ,.. e Detrartment of the tnter.i.or shad be resolved bscc;een the panties by neco; i-ation. T� is the intention of t1,e pe. . ez hereto -1 y` !: t 1 /'� 4 ,'1 +cr as S �}mil-}��S J're4.:�. l+�.!'Y •%.!. ��+ Nam. VI v�.:.sZ�'.Z "J V« JV C�AI.�l� }InV s.. V�., �Ar �... ...- + 1rive application }o thi4 agreer+Pnt, � `GL`nc� tt i recy eat` o,. Yj., Manor Pars and terle rc •Fr � , r,. 7 �ire��;Il a., (;lk��on Par PNR 42-040 Revised WCU1114i EYNTS FOLLOW "SUPPORTIVE (Land and hater Consorvat16n Eund Drojeot ".. 12.=(O .f3 _: ► and e3lters into this agreement with for Dons tructidn of recreat Opal facilities on rear Propert7, the title to which is in the name of +- e� .1 +-.w...__...-► the local description of tihicii is Set firth in full In E:{hibi.t "la" attached hereto and Lade a pars hereon The ctIrY will coftstruct, or cause to be constructed, certain recreational facilities upon the property described in Exhibit "B", which facilities shall be designed and constructed in accordance with the project elements des=iibed herein and with the project. plans attached hereto and made a part hereof as Exhibit "C". The following shall be cC:asidered the project elements: Manor Park: bleachers, exercise trail, signs, pool and bathhouse, play equipment, picnic pavilion and related equipment, irrigation and landscaping, lighting, parking, tennis and handball courts, court pavilion, and related site improvements. Gibson Park: Athletic field lighting. 4. The CITY will operate and maintain the recreational facilities described in paragraph 3 and Exhibit "C and "will pay all expenses of such operation as a rTTY.. expense. The CITY convenants'that it has 'full legal authority and financial ability to so operate and maintain said facilities, 5. The DEPAZ=%E JT will transfer to the CITY such Land and water Conservation Fund monies, not to eNceed $300.000.OQ_____ will pay said fund's share of the cost of the project. Fund limits are based upon the following; Project Stage Covered by this Agreemen6 Entire Project Cost Tot4l QQ5t > 1.200 00a -0 'age Q F TS q .sa,.:� PNR 42-040 Revised Vtnd Support 50 "SUPPORTIVE Fun` AAount _ �00, 000, 00.. LocalA„iount DOCUMENTS 300, 000. 00 State Amount Cost of this 8tacte + OW" Attit ance of this Stage .__ .... G0�7LL, OJO. 00., Any portion of these funds may be released In installments, at the discretion of the DERARV-1tNT, upon the request of the CIT?„ Commissioners or the CITY'S duly authorized agent, whose name and title shall be submitted to the DEPARTi•T,21 T prior to con hence merit of the protect. Such requests 'shall be limited to three (3) in number and each request Shall include all documentation required by the DEPARTMENT. The DEPARTMENT shall be notified forthwith of any change in the person or authority of the designated agent. 6. This agreement shall take effect on , and shall terminate on December 31, 1-31 . In the event the CITY fails to develop the subject property in a r manner described in'this agreement, on or before December 31, 1981, the CITY agrees that upon demand it will return to the DEPARTMENT the total Land and Water Conservation Fund contribution. Any waiver by the DEPARTMENT for cause shown, and extension of the termination date of this agreement, shall not prejudice the right of the DEPART.ZNT hereunder to demand refund of the contribution of the Land and Water, Conservation Fund for failure to complete the project on or before the termination date as extended. 7, If the United States, acting through the Department of the Inte-rior, the Secretary of the Interior or any other branch of the govnrrment of the United States, acting within the scope of its lawful authority should for any reason demand a refund, from the DEPARVIFNT, in whole or in part, of the funds provided to the CITE' under the terms of tb-4 s agreement, the CITY , upon notiflicati-Qn from the DEP�=MMNT, agrees to refund, and will forthwith repave the a*T.Qgnt of money tihp4ymter.t shall be MAde directIV to the E 'I'i• `I' 8. The a5L ees to dedicate the land described in t.�hibit ► t" and by its acceptance cf the pfovisions of this Alf eiement gees hereby 60dica _e the lan U described ? 1 t:&,ib'It 'In" to the public in perpetuit+J as a recteat Jn area !Vall" able to the general public for recreational purposes only. The further agrees that the execution of this agreor ent by the tx6cutive Director of the Department of Natural Resources shall constitute an acc?ptance of the dedication on behalf of the public of t general p he State. Thereafter, should the _cT^y_ for any reason convert all or any portion of the property described in Exhibit "S" to other than recreational purposes, the czTy agrees to provide at its sole expense without further contribution front the Land and Water Conservation Fund a replacement project of comparable quality and size to that which was converted to other purposes, which r'splacement shall be in close proximity to the project and meet with the approval of the DEPARTMENT. In 34eu oL such replacement the CITY shall return to the DEPARTMErNT the entire contribution from the Land and Water Conservation Fund. 9. Should the CITY elect to implement a user fee Manor Park and system for Gipson Park or for any recreational facility within the boundaries of the project, the =nY shall impose such fees uniformly upon all users without regard to age, sex, race, otter condition, or the political subdivision in which the user may reside. 10, The pE' RT.2E"JT shall have th,_- right, through its agents, servants, and employees de5igntiter; --or that purpose, to inspect the site of the project and the racili t. es the- eon. 1,,1 addition to project i.nsoections, which shall be conducted at and, rpaxSQnable time, the --pal-I ha,,e 4cgess to all financial records e at ; to t'IL p114)ect a'd ^a _-4 Jhc 0 au4it such rec vrds UPPRT! Y E Page 4 of 5 DOCUMENTS PUR 42=040 Zevigeci 11 It �Ztt'; t'1) t:it-m t;lli.ch t-lt}Ilt. �Illl.l I'C r.'(�ti�:tti'10tt;i Uttf,IIt:-h .iLlCllt 15 CCn'.71C?:ErI i t1h ou t i]tlt'''_i,:Uti7ht'_' , (ipoi:aLioti or -uw c+l* t.lit` 1..1r.'iI.l.t..l' 111 Tile CITY ati,l riuLuall to the followillu S�)t?C t rl l ii;f_'rl-xi cOnci L': i(:)ti i part of this agrcetuettt t The DEPART;•I NT agrees to provide supplemental funding in an amount not to exceed $3000000,00 as a contribution toward the non-federal matching share (local amount) of the project cost shown in Paragraph 5 of this Agreement. The funds will be released on a reimbursementbasisin accordance with the provisions of Paragraph 5. I'N iti'ITNE-S ; t.,1: vi`, tll' L),-lr. tics IWrCLI.) have C•:11;S('d '..hoSe, presents to be extecul-ca by the of;: icers or agents t:hereun.tr lavifu111 authorized, tt D0 U IENTS STATE OF F LORICA DEPAR' ME"Zi i OF dA't'UP-AL IU-SOURCES =.1' OE_M1A I._.._ ..._. Accepted Iley C. Landrunt Lia son Off i.ccT- Its Agent for this ?urpo e Stage of Florida Land and llater Conservation Fund t c t ,I 1� I :::il•Iui.litt,t,l' I; :ec�ut.l.%'r. 1)il Its t' ilrilt- fol- r .M1i�f=l�'iE� •. '� �C .M «i13 i r ',L! Y e Plitt t betinitiuuy A, the terdl "ttCRSll as used hetlin aeana the Heritage Consetvation and Xecreatiob Serivee, United StatiA bepattment of tht Iotetiot, ,a n 9, t11e tetra "bisector" As uAed herein menha the birectot of tho ltetitav"t Co0attvntion and ! 4. liect'6atioo Service, or" any' reptO—bentative lavfully delegated the authority to Act fat such bisector, s� , C, The terst "MantiAl" as used herein means the Heritage- Conaervatiott and Recreatidn Setviee Manual (Grants=in=Aid Series), b. the term "Project" as used hetain means a single project, a consolidated ptojett, a project element of a consolidated project or project stage which is subject to the project agreement. i E, the term "State" as used herein cleans the State or Territory which is a patty to the ptoject a;reetuert, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this ngteetuent, M11e Lever a term, condition, obligation, or requitement refers to the State, such term, condition, obligation. Or requirement shall also Apply to the recipient political sub.livision or public Arencv, except where it is clear'from ti the nature of 'the term, condition, obligation, Or reGuitetn.'nt that it is to apply solely to the State. F. the term "Secretary" as; used herein beans the Secretary of the Intetiot, or any representative lawfully delegated the authority to set for such Sectetary. Part II - Continuing Assurances The parties to the project Agreement Apecifically rocarnite that the Land And Water Conservation Fund Assistance project creates an obligation to maintAin the property described in the project agretcent consistent with the Land and t:ater Conservation Fund Act and the following �--� requirements, Further, it is the acknowled.;ed Talent of the patties hereto that recipients of assistance will use moneys granted hereunder for the purposes of this program. and that assistance granted from the Fund will result in a net incren9e, cummunsurate at least with the Federal cost -share, in a participant's outdoor recreation. It >.a intended by both pArties hereto that assistsnce froca the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. A. The State agrees, as recipient of this assistnnce, that it will meet the following specific requitementa and thnt it will further impose tho e. requirt,eents, slid the terms of the project a,trerinmit, upon Any political ,.ub-livisiuu hr public: np.:ncy to which 3vnJs nre trnnsfi!rred pursuant to the project agi-eement. The Stnte nlao at;reee that it shall be responsible for eumplianen with the- tenna of the pruject agrrrt.wl%L b•r such a political subdivision or puhli: agracy auJ that'fallurnl by such p,llitical nuh.livisiOn or public agency to Ao comply ill-11 I- deeme•1 A failute by tilt Stilts to cow 1V With the t.•Ims of this ag'reelo.`11t. • I �- 07/25/78 Or,)9, 1)Lr. .i,). 2. E i 4` ' Q i � Pam. �r-�p •+'" � ` ¢/ E a •'. I.. • t I ,� . �� .�� f r , ,t � age afid 11; oroatioll SeI tee `fIAtl MI ` Ctl.�1.��1��w�.,:...`�a,,...,...�,..,��o.�e.c.t_a..�i1.s�.�.��.tt.�.!i_�_Cj+:t�G.r,31.....E?_�'3��.1 t7n, ,..,5b�i• ,} 111 b,i canto Strltet thAt the proo,stty dttsctihel in the .Nttsit+;t 6.;ravlwnt a,t,l the dAti+•I rtojoet bot.u,tuty in3p atAJA patt tit thAt Attt-Altntfnt l/ 1'etut; ni.1utit••1 "t •IrvillopOl with LAIIJ Ah.l WiLer a _ ` t Cotlaotvdti.At Fund lie§istAnec+, of ii intr raI to su,:h a•., uisiti.in of •h,vo a sbJnt, x^".-I th.it t, t+ithoot the n I,tt ppr„val of Eno Siwcrdtt,i[ it mall rot `.+t- dohv stir•! to other than pttblie out:'.00t teet@Ation unit brit whAti be m.1tntAint:•I in pnhlte uut,loor rit,:rr..iti,itt to potp+,tuit, or foi this `•' tltcl dt the 1en4r1 ill tht, dAltr of lod4iid jltnpt•tt't, 1•Iu! ';,rcrr0ir7 'On11 anprnve such cotiv+!tt ioh ''•4' only if he finds it to be inaccordwith thr. Chen extstinc, c6to,tchensiw-4 statewide outd00% }i• • . tecreation plait dud only upc+ l sueh conditions as he det'ttt4 hecti+•-.Aty to a sute the 9tibstituticn of other tr.,:teition ro otti i r• p p.:'tes nE at icnsE +ttual fact mdrkt,t vnlue and of 1►_a._[ i tlasotLihly OrIuivnient utr!ultu•aA nn<I Incationt lht•c teplact'htt,tit 1,110 bocntnes kilhiect to ��••., Szetwti 6lf)(3) I,totectionb The nhproval of cum:action shall be 3t the bole ditceetion of tV4,! the Sedf4 tdry, or his desiFnpe, Prior to the completion of this projeet, the State Slid tie '. bitectot aAy alutua►ly aitdr the area described to the pto},!et ngreetent and the dated project t�,r~ boundary dtap to ptovidf th4 r'.toAt natisfd toty p,,blic outdoor tacfkation unit, ttkeept thAt . ` dequired' pit tceis are Affotdcd tettion 6(f)(3) prutdetiall as Fund teitabursethent is provided, l •' to the event the FiClt-S p=^widen Land and Water Conservation Fund assistance for the `. acquisition and!cr deve)op=ent of property subject to reversionary interests with full knowledge of thuse teversionary intcr,rsts, cnnv+!rsiun of satd pr.il„!rtq to ,ether then public outdoor tectodtion uses as a te-ult of such rovetsionAry interest being exercised is Apptoved. to receipt of this approval, the State agrees to notify the Service o: the a� conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions, The State further agrees to effectuate such replacement within a reasonable p?tiod of time, acceptat•le to the Service, after the ,`. conversion of ptopetty takes placet The -provisions of this pera;taph are also appiicablie to: ieased prcpetties acquired ancior developed with Fund assistance where such lease is terminated rice to its full trr-a Jue to the existance of .t p" previsions in such lease know-1 and agreed to by the Service; and properties suoject to other outstanding rights and interests that may result in a conversion ,.hen known and asteed to by the.;en ice, • C. The State agrees that the behefit to be Jeri»,d by the Unite9 States rca the full compliance by the State with the terTs of thin agreement is the preservation, protact'or., and the net increase in the quality of p,iblic outdoor recreation facilities and resources which are available to the people of tap State and of the United States, and such benefit exceeds to an immeasurable and unascertainable +-xtent the amount of coney furnished by the United States by wav of assistanco under the terns of this ar,reem•:nt. The State icrees that pay sent by the Stare to the United States of an amount equal to the amount of assistance extended under this agreement by the United States w„uld be inadequate compensation to the United States for any breach by the State of this arre+,met.t. The State further agrees, therefore, that the t, appropriate r.imely in the event of a breach by the State of this agreement sitd).l be the speeLfic performance of this agreement. G. :he State agrees to comoty with the policies and procedures set forth in the 4er1t3te — Conservation and P.ecreation S<tvic,: (HCR.) Grants -in -Aid Manual. Provisions of scid Ma.ival are incorporated into slid made a part of the project agreement. t'E. T•ne State agrees that the property and facilities described in the project agreement shall be operated dnd maintained as prescribed by Manual regtlireme nts. is f l� '.r • PARTMENT U THE' INTER[ ., `• G % i n fr �� i �- �1 tt! 5 �� 1• � �,� �.� �.�...� .__:.�.W...l' 1 r�: W._'; f, '.�� .:.�: ��.� �.�w... . ,�.N, �. ,�m..,....�..��1 � �..t.�:1.�.� •t..��i ;a.�a "yi'.. b��� a :.ln..,..,•. L<.M�.",: r . � �hJSt `:tit:�f � a: •�' +ari'�.-.•"r'��1"ir�s'1.9r ..-1�-. a..^m �.::Ln "i eJ [ 1_....,...,a...•.,...,,.,..,.,.....��,..,�.,.,.....,.....:...,...,..W,...... ��..� .td.a..,:t . ows r r ilte $tAlb akt!,+A th.lt N j+,icniuAiit rncnrd 9111111 h.! kept it1 the pr•+jeCt ;+Articil+nut's public Pflopefty tocordi And AviiIAbIA for public in4pi-ctIott to the effect that the geopefty de5atibed ill the scopt of the_ trojef.t ahreetf?ht, and th+_ ,iated project boundaf/ msp made pact • »�•' � Of that n3h1!pmOn', ha4 been AcquirsM of Ja`le101•+!•i 'r tth :.and rtnA xrtteF 1,+2nSO f'>JtirJ tl Funs A44ittahce Ahd that it cAnii,)t bn r.niivwrENd to other than pul+lic r)atduot fect+iation un+, vithout tht wtltten apptoval of the Secretary of ti:e lntrtiur, fi1 '•., G, Idnd,is,ctiSihAt ion Y tr Trod StAtf 0411 ,timely With Title VI of the l.,vil ki.htt Aet of 19h4 (P,1., 84-152) :indin , dnfact, teligion,vpfnh colot, or naticnalotigin,bem excluded frohpatticipAtionk Rroundofin, be denied this benefits of, or be otherwise subjected to discrimination in the use of any . `{4t� t'' •-• + otdoett•v of facility steuired of .developed putsuant to the pro,o E ai%reefieht, the State "iry shall innediately tAkd Any meAsutea necc to affedtuate this provision, This X1. ' assurance shall be binding on the State of any political subdivi.sicn of othef j., apptapriate public agency: to which Fund assistance or pco:etty acquitei of developed .+'.' with Fund assistancehas been transferred for public recreation purposes, 4 2. The State shall comply with Title VI of thl: Civil Ri;hts Act of 1964 (42 U,S,C, 2000d) t prohibiting etiployment discricin.ition where (i) the pfiyary purpose of aslant is to provide employment or (2) discriminatory employment ptacticps will tesult in unequal tteatment of persons who ate or should be beticfitio,, from the grant -aided activity, 21 ` 36 The State shall ccmply with the regulations and g`lidelines pro:aulgated pursua t to the Civil Rizhts Act of 1964 by the Secretary of the Interior and the Heritage Cccservation and Recreation Service, 4, ine provision, of the first three pata raphs apply to any part of the recreation systems ■ within which the assisted facility of prop•:rty exists, 56 The State shall not discriminate arairst any ;?t•son on the basis of residence, except to the extent that reasonable di1r•2rences in a4lmi;sion at other fees may be maintained on the basis of residence as set forth in the Manual. � Part ILL - Project Assurances r,,.... y• A. ApplicableFear_ral Circular3 ` The State shall comply with applicable regulations, policies, guidelines and requirements including Cffice of Manae,ement and 6udret Circulars No. A-95 (tvaluaO on, review, and '• � t'• coordination of Federal assiscaoce pr,rgracs and projects) and A-102 (Vniform al:ainistrative re:alrements for giants-in-at9 to State and local i;uvprnmencs) end FHC i4-4 (Cost principles ■ l,f applicable to grants and contrncta with :Mate. rtnd local r•overnrients) as they relate to the f: application, acceptance and use of Federal funds for this federally assisted project. ' tilt C. I'L2j.s AL ,I licntinn 1. Ilie Applicati.3n for Federal Assistance bexrir.ti th,r saris, pre;•:ct number as the agreement and associated oacument+i is by thi: referen.r :•rude a part of the agreement. ti F:.; tl UPM ; EV DC3�t�;lA:i FOLLOW, -PARVAENT THE INTERIOR Heritt ge cui1gt.1vat.1011 and it, acatiull savi t Matilltti (s t l I1 t S` = i its:` i t1 �1>l�,t�t' 1 E'f��.,jt�ct •l�rl'r^�;'►�nE �.�ti�f1 rt,vi,l�n� _ 5� It 1he Stab ft•isAelsds 10t nl Authoritt to army 'frr thr efant, and t.i fittnnce An'l cnnitt"I't th+! trolwA@-1 (ticslitltt•t, A ttO-lutiJrt, moti.,u •+"t girtjai A�titrit hitq bA+�ti do►y dJUDCeJ or pAA§Ad Authufi„Ind th►! filing ' f th,t hlolt•:atioti, inc ludink all UndeF3tandtn.l 3ttd +..+• AaAucance3 c6nt3i6rd thertih, and directing and •futhoriting the ,et:;on id4otified as the official reprr.sr6tativ of the 33t3ta to act in cnnt5fction with th+! application find to ,7, �4fiovillr< Such Additiun.il 1hfuFit,P►tiun rt9 ettti• 1.�• r,•quit,!1, + f t the State hat the ability and intention to finance the hon4edeial share of the eoit3 fdr ^�Z..• the project, Sufficient funds will be available to Assure effective 604r3tidn and 3laintehance of the facilities acquired or developed by the project, _- ' r �. Proj+ca_ls�t:ution �y.a 1, the project period Shall begin with the date of Approval of the project arreecnt or the a effective date of a waiver of rettoactivitp and shall tCtit in11te at the end of the stated i•r tc=• or amended project p. project is co•cpl!ted or tarminated sooner in srticst NrioJ unless the r�'c_t ^• event the project period shall end on the date of drim;letion or teriin3tiba. For .r;j!ct elements added to a consolidated project, the project pariod will begin on the data the Project element is approved. it ;. :, The State shall transfer to the project sponsor identified in the Application for Federal AssiStan�e or the Description and Notification Farm all funds granted heretl Jer except .', •'�'' those reitbursed to the State to .cover administrative expenses. Ic :e 3. The State will cause work on the project to be tomenced within a reasonable time after receipt of notification that finds 'rave bean approved and assure that the protect mill be prosecuted to completion with reasonable diligence*\ 4. ' '• the "Ayericsh Stand.iCd The State will require the facility .o be d�s.cr.ed to ecr..�ly wtt.. Specificati--ns for Making lluildin4s and Facilities kccesaibl.z to, and Usa51e ty, the physically Handicapped," Nu-iber A117.1-161, as madified (44' CF72 101=11.103). ;he State will be responsible for conducting, inspections to insure compliance with these specifications by the contractor. 56 The State shall secure cccpleticn of the work in accordance with 'itpraved construction • plans and spe:ifications, and Shall secure compliance with all applitable iederal, Slaty, -� local laws and regulations. — 6. In_the event the project covered by the project ai:rees?nt, includint future states of the project, cannot be completed in accordance -rith the plans and specifications for the — t'? project; the State shall brim~ the project to a point of recreational usefulness agreed upon by the State and the Director or his designee. 7. The State will provide for and utaintain competent and aJaquate architectural engineering supervision and inspectinn at the construction cite to insure that the completed work conforms with the Approved plans and specifications; that it will furnish progress I. reportf and such other infurmation as the HCHS may require. �,;. 07/25/ 8g- (hr,,,. Dir. ' ilerivago Gtiiisenaiioli gild it Creation Sonia Manual r<T'�tl.(� ' L,fl',_'.�L_ci•._.��.'.�.t�.'w.�.�.,�.:..a,��, ��.tt'.f:..:ti!+11.....4.........:.�.�.��.. ;�_ _.wl�..`..,? •t?� +�r.�l_..!._l.i_i.i!U -Aft! .: .+ the fokcrotaty of LAhot Ouch infofmation Al 000 Airy t!juit+! tot the luperviiion Of luch Nos- f%i edmpli;iht:e., (41 enfot_i! the obligation of cohttact6fs and Aubconteactots u.lef s,Jch `U� provisiona, tule4; teRulatiohs, and jeb•,es, (5) :arry out +IAncti-)ns And prnaltias lot 'Violitiofl of Ruch ohliRntiuii§ imp04eA ul'uh c4nteAeLnr4 And AubGoatfdetufs by rho! Secretary df Labor of SOctetaty of the rntl!tior pursuant to Part tlj SubpAtt D, of Xthe tketut ive Oidet NOa 11Y46, as Ainehtled, and (6). tefeiin from ehtering into. Any c6nttact with a tontfaetoe 44bafted trod Cov6_ihment cohttdctt undet Par. tl; Subpitt D, of Fkecutive Ofder No, 11'46, As ainendrd. In Addition, the Strife acri'e4 that if it fail3 of refubi!s LI compto 'with the -it, tinthtrthkingn, the. 11CH cnsy t•0.00 aiiv i!t all of the ,,. toll6wiag A d t i o n 4 : Cancel) tetminate, of suspend in whole of in pact this grant; :• ;(^ refrain from o_Atending any further assistance to the applicant un2ee the+ ptogtio With �. respect to which thA failure of f4fu5al occutred until sAtisfactoty AssufAnce of futut(! e6iaplianto has been receivod ftam'such nl•plicant, find refer the case to the Department :'4 :•i 61 Justice for- appropriate legal pfoccr_diogs+ Ea Conflict of tntetests 1. No official or emplavee of the State be Federal Government who is authorized in his Official capacity to negotiate, ciake, secept, of approves of to take part in such _ •. decisions tegarding A contract or subcontract in connection with this ¢t6jett shall have ... any financial or other personal interest in any such contract or subcontract, .� T, 2. No 04tson performing Services for the State of Federal Covetnceht in connection 911th this prO,ject shall have a financial or other personal interesC other than his e:ibfo}went • of retention by the State, or Federal Covernment, in any contract of subcontract in. connection with this project. No offic+'.r or emplov!'e of such person retained by the + State of Federal. Government Shall have any financial of Other personal interestinan? - teal pr7perty acquired for this ptoje;t unless such interest is openly disclosed up,)n the public records of the State, And such officer, eoploye•i or person has not participated in the acquisition for or on behalf of the State. 3. No meTbor of or delegate, to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon, unless such benefit shall be in the form Of An agreement made with a cor,orition for its general benefit. i 4. The State and the Director shall be responsible for enforcing the above conflict of interest provisions. Nr.;'r .c 0'/25/7 3 (Pro,. Dir. No. 27) fir' PPORZT IVE DOC[ jE,,/ � c� ��[�I A 1f �L-- y VV tit, Ut HPARTMENT rV THE INTMOR I1critage Conservation and b ' c roadoii 8civico Malluai (• � � _L-�...�.,.�s��. P i• ss +�'��� ; _,. r1 ^ ,� � �.: �Ir,�-.i � •, r -a t,z. r,-:� �., " �.� • , i � �,!�. r.-!� — "0) thA contfArtmt will 41'rf•I Lo P.401 1:0-or rini„n of of w.ifk.fge With a ich hei hat Aeo lot: t glng, A�,rw1 ,'nt Of otht!e conttact Or undetstandinq, A — nl oticeroIl3edib� , p theagencr contracting o!ficet, advi§inr, the labor union or ��y.. wotkots' fepteswnt.itive of the contractor's corimttlnvnts undoe Sectiun ,C0 .if eAecutivo Ordn.'r N,J, 11246 as A.S111n1frl (3(:FR 1611 (1'1)r1)), hful sh.,il polt copietl of notic"A in t iton§picuuui plAcei Av•lilAble to emplovs�k­; and applicants foe a ploym8nt, "(4) The conttactot will coelply with all provisions of Executive Order No; 11245, as arbended, and the tules, fer,ulstions, and relevant otdets of the Sectetary of Labot, s ,` "(S) The donttactor will futnish All infoetation and tepoets required by Executive order : No, 11246, At amended, And by the rules, regulations, and ot•iets of the Sectetaty of 'a• 1jiaY Labor, or pursuant thereto, and will pot -it Access to his books; tecoeds, and accounts by the contracting agent? And the Secretlry of Labor for putpoaes of investigation to Ascertain compliance with such rules, regulations, and orders: .y' "(6) to .the event Of the contractor's nonzompliance with the nondiscrimination clauses — �s• of this contract or with Any of ruch rul,!s, te'ulatiuns, or orders, this contract clay be t •• canco_led, tet:ninated, or suspended in whole or in part and the contractor ma•i be .;'•, .� declared ineligible for further Govetnment contracts in accotdance with _d _ - peOc�,.Ut�§ Authotiied in Executive Order No, 11114F.,, as avended, and such other sanctions tav be iorposed and -remedies invoked as provided in Executive Order N•3, 112+6, as amended, or by rule, regulations, or order of the Secretary of Labor, or as othetwise provided 5y law, 11'•. "0) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless ex,spted by rules, regulations, or otde:s of the. Secretary of labor issued pursuant to Section 264 of Executive Order No, 112s5, as _ - amended, so that such prOYlal?nS will be binding upon each subcontractorOC vendor._-- ;he contractor will, take such action with respect to any subcontract or purchase or.let as the contracting agency may direct As a means of enforcing such provisions, inclucin3 sanctions for noncompliance: Pravieod, h•;w=ver, that in the event the contractor becomes involved in, or is threatened wi .1, litigation with a subcontractor or vendor as a result of such direction by the centractinS agancv, the contractor may request the United States to enter into such litLgatLJn to protect the interests of the United States, 7. The State shAll (1) comply with the above provisions in construction work carried out by — - itself, (i) a8919C and co operate actively with the Secretary of the lnterlor and the 1 • Secretary of Labor In obtaining the complianeN of contractors and subcontractors with the above_ contract provisions and with the rules, regulations, and relevant orders of h the Secretary of Labor, (3) obtain and furnish to the Secretary of the interior and to ,;,ti 07/2S1,; 8 Glrc Dir. ::,;. 21'1 "SU PF(DRMFIV sr- F d r= =l . -,. •�, a r�� a;ya Ir+ra"' I VV EPARTIMEM TIN 1MRTA 1I0citlage C0115e1'vatioll alld 1; !0ret-albil Service Mallukal �}1,'ll)l:�'C it ryC01j1C1,, ttl'Ci'i'(ilFatlt: ���'11C{f"1� �CS1V1`'1)ll` fj�tl� rt y $, the StAtf Will to1b0ly With the tpri63 of title 11 and title 1tt, the Vnifnri+ RatlnrAtion ANNtttAn:a And UF'Al Pt-10'tty Ae-lniiiliI'll f',i11i1ra Act ,+t 1'1+u ll'tl.:'il ht,rf►, 'rA :itAt, 19q4 (1110i and thin al•pi►cAbLe tMy,ulntiuni Ahd ptucoiot�i it*10-irhtina inch Act tot Ail tAAl proporty Aegdiiitiohl Arid rt►i+,ce ippl i,:abl+i Ahnll nAsute that thr Act hd b+en dornpl►ii,t With tot otopt3tty to b„ d0vr1011011 ict!t aerititanOt und,tt tt%A project AgfV01hont4 0, [ho State will a mvty with the pruv(iionn )f: EAecvtivM Miler 1081, folatint to #"valuation of (►nod hAiArdkI, E51Pcutiv.! Orinr 1121Aj telating to the pr?vention, control, And ahefomrnt tit wAte"r poil,itior., nn,t 1.3.ecutive Order 119`)o telntitiv. to the. rrotnction of WftlAndit 10, tt will tooply with the flood insurance o-itcha..e requirements of Section 102(4) of the Flood Disagtet Protection Act of 1911, Public Law !3=234, 51 Stilts 9,45, approvsd December 31, 1116. Section 10:(a) t6quito" I on and Aftet MAtch , 1975, the Outzhase of flood insurance in cnnOdunitiFA whCr0 r1,1ch inoUtAnt:ii. iA Avii1#1bll. na A tondttion tot the receipt of any Federal financial aslistanc+t for eonrtractich of acquisition purposes for U14 in any area that hat been identified by the Secretary of the Department of 4ousinq and btba:t Dovelo,,ent as an area Navin; cpeeiAl flood hat3rdc. `he phC1AP, "Federal firl.gneial aasihrn.►c," inciud.-v any fnt-n of loran, grant, guatanty, insurance pAyrneut, rohAto, NltbAiJv, dt4►at ter agaistancit land or gran, or Any other form of dire. t or indirect Fedeta. assistance, ' !1. i'he state will insure that the facilities; under its ownership, lease or but+etvlsion J which shall be utilized in the accomplishni-nt of the protect are not listed on the Environmental Protection Agency's (EPA) list of 'Violating Facilities, pursuant t5 40 CFR, Part 15.20 and that it will notify the HORS of the receipt of anv corsmunieation from the Director of the ?A Office of Federal Activities indiciti..., that a facility to be utilized in the project is under consideratiot► for listing by the EPA. The State aRree6 to comply with all applicable stanJards., otiers, or rezolatian9 issued pursuant. to the Clean Air Act of 1970: The State further a,tees to insert this clause into anv Contract of subcontract in excess of $100,v00. 12. It will Assist the 11CRS in its cor„plignce with Section 106 of the National Historic Pre4ervntion Act of 1566 as amendel (16 C.S.C. 4,0), Executive Or?.:r 11543, and the Archeological and Historic Preaervati�.)n Act of 1956 (16 C.S.C. 4693=1 et seq.) by (a) consulting with the State Historic Ptosorvation Officer on the conduct of investi2�stions, as necessary, to identify properties listed is or eligible for inclusion in the National Register of Historic Places that are subject to effects (see 36 CFR Part 8+09.5) by the Activity, and notifpin�, the Federal grantor a;encv of the existence of'any such properties, and by (b) complying with all requirements established by the Federal Erantor agency to avoid or mitigate adverse effects upon such properties. , 0 /25/'8 (Pro . lilt. No. 27) i i 3 11r:C'11, c:NAU011 S t%olC0 11O.11Ud1 �.J,-1,�.f„. In 1t� �,tf-1�� F�z� �i��.� tfr, ,s;:� �1+r�, + �i..i•�:� • :' v1�1J1w 1, -_._ b: t0ittl fi.ti, eo.tr3et0-1 1t)f I•v tIto thts !;hh11 11+•dt this C.tli•,Witt .° Ai• t,r�nl••nt#; 1 t,'onFtatFs for out ErtacFion in etceas of 1•i,U00 yhtill be awarled thrdugh A proc+es4 of 1• So�potitivu bidtJinq inv•>lvitfa fae:eal adVetttainl;, with ad++q+l.itn prli•ch/laii 'i+"Ctiptton, :.•( A04111•1 bi+1A, A11+1 Nuhlit flP+ttling—I& •11 all MIWtiini-th••llt.+tj bijlrt, Atia a d0t)! Uf the tuoteadt Ahall be tetalhl!d for inmpt!ttLoa by tltr Dlrectdt. t�.. 2, he Stag shall info%a all bi,idR Et on contracts fot coustructi08 thdt F'edetal funds ate • being uked to aasi4t in conattuction. +•t = i•. , Wcittt•n chAttge ofdofr4 AhAll be ivsucd for e11 nt_:oiitaty chnn4es in the facility being s +fir.• tdnsteucted undet contract3 of 510,000 at mJre. Such change orders shall be wade a v��i;,.• part of the project file and should be rept available for auliti 11 .G l e 4. Cbotratts fat tonsttuetion shall intludq A provision for cdmpliaoce with the Copeland ;i "Adti-Kickbsck" Act (18 U.S.C. 874) as ouppleoented by Depattaet!t of Labor regulations (29 Ceg, part 3). 5. The state will cotuply.wi:tt other procur-iment standat,is of OMS Circulit A-10 , . Attachment 0, except for provisions related to cdmpliance with bavis Bacon Act . requirements (unless requited by a progra.a providing, supplemental fundirgl) Should supplemental fundinz be provided which requires compliance .'ith Davis $aeon Act ' .• requirements,all coustruction contracts awdrded by the grantee and subgtantee in excess of S2,000 shall include a prav(sion for conpliinee with such Act (40 ,S.C. 216a to e- 2) and as supplemented by Department of Labor regulations (29 CFR, Part 5)6 r`\ 6. The State shall incorpotatei or cause to be incdrporat?d, into all construction._ •Y. _ ' contracts exceeding $10,COt) (ten thousand)., the following provisions: "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, col.)r, sex, or national oririn: The contractor will take affir•ative action to ensure that applicants sre employed, and tiat employees are treated during employment, without rer.are to their race creed, color, or nati�:al origin. Such action shall include, but not be limited to, the follow.;: e:ploy`:ent, upgrading; demotion or transfer; recruitment or tecruitment adoertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(1) The contractor will, in dll.solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified.appiicants will receive consideration for employment without retard to race, religion, color, sex, cr national 1 . origin. 07/2511 3 C"8i I4i'AIS`t`MEANIT O" THE INTERIOR 41, . ( elltrtgg Coil sort, sttIon and R.-Cre"ItIat1 8mllce malwal . GC�ItII �—tII--Ili ,f3Yit�- !'•trt ljr,tt _ _ � _. � k..i't•t,.l+'t•G 1rl t.�� 11 rt,,, t,h lilfr r !x C�CV it.`�.l i�t:t).;l`trlt!tl:,._:._� ! ! I,InttI!. A`ct .v ttt' ii the State hill camp y with the rrovi4ions 0f thi+ hatrh Art mhi`h ps-11vi.11•t thnt nt, fit liret Ot tx. emplbvee of the St Ate dh,+-,,, lit inc is+nl ewl'l :went it it, c+, n.•,:t iun o•lit, Any a::t ivity which iA finnnt'j-d ill whnli• r,i in (+n:f IntrNltttltt to t►,j� ni;,ee,hent shall tnkr part in say of the 'yytt political Activity hr,Ar.ribtd in the Hatch Political Activity Act! 5 L%,S.C, Sec. IiSk tt (191)4 with the eRceptions therein enumetated. ,r ,t ! Cx Project„Cc+RE% +' lx t'1•uj6ct ersto eliiihle tot 411sistAt+ce Ahall be detertained upon the basis of the ;• s: 1 t criteria get forth in the. Manual and YMN 74-4, 2, The a£r?ement hay includo the uAP of the indirect Coot rate c,tttently approved, in . •i accordance with FMC 74-41 fbr the State that is a party to this AFfeement: H. Ptro ect Administration 7•he State shall promptly submit such reports and docuaentAtiou es the Director may ' request. 2, Any coneys advancod tb the State ate "public moneys" (owned by the Fe.feral Government) and shall be deporited in n hank with VOIC ingut»nce coverage and thr balances excoeding the FDIC coverage shall be collaterally secured as,prdvtded for in 12 U.S.C. r, _ 3. The State shall use any funds received by way of advnnee payment frog the United States under the terms of this agreement. solely for the project or pte;ect stage described in the agt•_oment. 4. Properti,ts and f..icilities nc,luired or d-velopod with Fund assi;tan;r shall be avr,iiabie for insi�eetioa by the Srrvice at such intervals as the Director s'r.tll rr.pnite. the State will promptly suh-it smite ina,e:tion tepatts 1•r,!ivtred under existing agreements between the Service and the Ms te. I. Retention and t;n todial Xer,uiremonts for Vecords 1. Fin!tnciai records, supporting .locumen's, statistical rec,rjs, a:0 all other records pettinent. to this gritnt r;bnil be retained for a period of three year,; except the records shall be retained beyond the three-year period if audit findings have not been � � re gOlvei. :• The retention petiod st7lrtA from the dnte r,f the finnl expettitture report for the project or the cunsolidaLed project elerient. i :t'• 3. State and local governments are authorized to Aubxtitut•t tr.icruftlm copies in lieu of on;innl records. r� "SUPi 4...TJI E FOLLOW 071'25178 (lir,)i;. 1)i r. .,. 27) 5:,, t t 5 tom. : �s. . U.S. CXARTMENT ut THE iN t t k1nt"'" Heritage Conservation and It t't�ti�it��� ,.'+� (:. t},l, Clr`txi.l� +iwr�'� ��1.1:S�.o.iiiil. ?:tt+ rC� 1c�,; i• •'i�1ht1 A r .�,��c�j��.�!-'..._...�.�.._:...����i�..11�'�:-a.�..l�ti�ias�lF1•tf��-''+`11C�1'1i�, ��t`_•S; 1 ,1.�')tl +. C "tb Slif'tvi.O y of 01A Wl'tt,5r an't, tltA rrtAipt t.el lee t rissr•t.il tit this llrtl l i,,l ? 1 !tI HA, ,it Any t of LboIt ehtIy ,lilt tio f I ii-I IOpt t0o'llLALiVOi, e•li.iII hAvv A.:,:,•u5 l,r Any In�eii.ft, -hiclOrtiLtrl ?,`•' pApoit51 An,l leca%cin ot} the !.Late And local •i,tverhmc nts and the -it subgfatit@e5 which are Tp . pbtEint nt td A 'spticiflc "pto)Oct tot lhd putpose of ma0.in�j .swill! ekar3ination, h-Rcr_rpts ,1, 6fltl trattscriptns i : et: l+rojbcE T`erfnl hit stilt 4t• ; 1a fte Director inay temporarily sunpehd rtlderdl A nist.ihod utidi't the project penclitiq lY� corredtiire Action by the StAt.e or pendincl A A r.lsttih to terminate t;he !►rant by Lite ♦i F A .'' �8rvlca. 1 ; >.r :. to `11te State nay unilaterally terminate the rrojelct or cohsnlidatr-d project elemeht at Any i tithe prior to the first payment on the project or consoliclatud protect elements Afte the ihlti.il lt.iymontt the project nay be ttirtninntrri mo(lified, or ahr3titled by the state only by mutual AgreenccaLs ��!•. + The Director may terminate the project in While., or in pArt, at any ti-te before this ty date of completion, w•hortPvot it 15 ri.•trrntr.e•1 that, thti liatitoe± has f.iiie,l to tit-1-ly with the cunditiont: ,A tht• ytant.. The Utt,•rLor will promptly notify the BLate in CI' writing of the det,!rmiriiiPon and the reasonn for the termination, to -.ether with the effective date. Payments hAde to States or recovetied by the Service under. projects terminated for cause shall be in accord with the legal rights and liabilities of the, ., parties. _ di The Director or State_ mayterminate grants. in whole, or in part at any time before they ' date of completion, when both parties agree that the continuation of the project would i• not produce beneficial results ccanensuratt': with the further expenditure of funds. The two parties shall agree upon the t,brmination conditions, inclu,iinq the effective Sate and, in the case of 1-artial termination. the portion to be terminated. The grantee shall not incur new obligationn for the terttlnate'd portion after the effective date, and shall cancel as many out.tanding obligations as possible. The 11CRS may allow full credit to the State for the ye,ieral shale of the nosicancellable obligations, properly incurred by the grantee prior to terminations 56 Termination either for cause or for convenience roquires that the pro ect in question be brouclht to a stAt.t of recteatiohal usetultioss drtt,ard upon by the State and the Director or that all funds provided by the Ituritaye Consurvatiun and Recreation Service be returned, , K. Lobbying with ArpenrriAte-i 1'nn*l1 t l' Land and Water Conservation 1\ind moneys will be used in confotmance with 18 USC 1913 which states that: '•t:o pArt of the mon,ry airrupriated by any enactment of Contlrrins shall, in thV. y., absence of express autt•.oriration by Congrettu, he u:,ed 11tectly nr indirectly to pay f•.)r any n• pernonal service, advertisement, telegram, telcpiirnst, letter, printed or written matter, or •% other device, intended or designed to influence in any tanner a Meml•er of Convress, to favor .�, or oppnyo, by vote or tttherwt-:e, any legtslatiun ,ir nppropriat ton tsy Coti,iies:i, whc•tAwr r, before or after the lilt t,J,l11r:Lion of any bill of it-nolutiun ptol%iviny ouch lo,lit:lattun or p:1 appropriationi but this ^hall not pievent. officers or erployees if the !!nitre! ^tat,••i or of �'•• its def4lrtment7 or atiencltrS from ctuAm,lnlcatir,•t ie, M,•mtetru of C.rtt,it'e:•: on the- requent of •lay Mnml,er or tri Cnngtetin, thiuu•Ih tlio I,i,,perutfiri,et rhnr.nnl•i, i••,pn••a li f,er-Ir•,11!%tatton „r &pptoprtat ione ullirh tbtty ,Ine,e nernhn.tty I.,t th.• eiflcit-nt cntAotct of the pithlic Ivn:lnet:a." i !• � 5_✓ � t w�•w tees,,,,,,.. '. .r 4t ri {g .,.,,e .. 1 ,1 , 11 •1 e 1,, y, - rr Ov t;egal bescription -Manor Park t MAhor Park) Plat book 50y Wage 85k tkact B hecj, l Dcciriptinti Gibson Park That portion of 131ock 3 of " ost': 6,ubc!iVi.sioh" 6cc o rd i lit) Lo ihr 111 ,i t l.i ffil Lett aAec es right`=of=way line of the "North=South National interstate Highway No. 95" as shown in State Road beparti;ent right=of=way map .as recorded in Plat Book 83, at page 21, sheet 714. And Lots 1 thru 16 in Block 2 of "Sost's Subdivision" accordinj to the Plat thereof as recorded in Plat Book "B" at page 27. And That portion of Tract A of ",liami Dixie Playground" accordinc to the Plat thereof as recorded in Plat Book 64 at rage 149, lying easterly of the eastern limited acces right-of-way line of the "North -South National Interstate Highway No. 95 as shown -in state road department right-of-way as recorded in Plat Book 83, at pane 21, sheet 11o. ld. And Lots 1 thru 14 of "Parry's Subdivision" according to the Plat thereof as recorded in Plat Book "B" at page 127. All being in the Public Records of Dade County, rlorida. i