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HomeMy WebLinkAboutVII (C) Authorization for Mayor and City Clerk to sign MVP Award Agreements and awarding of grants for Year 2000 MVP - Neighborhood Matching Grant Awards , Agenda 4-18-2000 Item VII C "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S. SCOTT VANDERGRIFT O\ ' �� C IT Y OF O C O E E COMMISSIONERS '� ` DANNY HOWELL a 1 150 N.LAKESHORE DRIVE � � SCOTT ANDERSON OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON f+�yf a�� (407)656-2322 NANCY J.PARKER F Op G00 CITY MANAGER - ELLIS SHAPIRO Staff Report Date: April 10, 2000 To: The Honorable Mayor and City Commissioners From: Janet G. Shira, Community Relations/Projects Director 6 Subject: 1999/2000 MVP Neighborhood Matching Grant Awards Recipients Attached please find the Grant Award Agreements for the nine neighborhoods who applied this year. (Please note that there were originally 10 applications; however, The Hammocks withdrew on April 10.) The first page of each document outlines the dollar amount being provided under the grant, the neighborhood funds contributed, and the number of volunteer hours dedicated to accomplishing the project. The last page of each document(Exhibit A)provides a summary of the project. Five of the neighborhoods have received MVP grants before and four are applying for the first time. It is apparent that much time and thought went into developing these projects. The neighborhoods have already had meetings to discuss budgets, put together plans, and get necessary approvals. I would especially like to commend the Waterside neighborhood group for their organizational efforts and for their exceptional application. All applications are available for review in the Community Relations Department or please feel free to request copies. The City of Ocoee is providing a total of $20,701.40 towards making these projects a reality for these neighborhoods. The neighborhoods are contributing a total of$42,917 in cash and $11,480 in volunteer time (valued at $10 per hour) for a grand total of $54,397. So for each dollar the City is contributing, the neighborhoods are contributing $2.62. Above and beyond the monetary value and physical improvements to the neighborhoods,neighbors are getting to know each other better through this process which ultimately builds a stronger community. I have asked the project leaders to have at least one representative at the City Commission meeting to answer any questions on their respective projects. Staff respectfully recommends that the City Commission authorize the Mayor and City Clerk to sign the award agreements and that the City Commission then award the checks to the neighborhoods. Cc: Debbie Rose,Coventry Spencer Solomon,Cross Creek Sylvia Alarie,Lake Lilly Oaks Nick Pagano,Lake Olympia Club Ron Coonrad,Lake Olympia,Lake Village Odessa Bowser,Richfield Leigh Elliott,Sleepy Harbour Richard Brown,Waterside Suzanne Taylor,Wesmere i'oWi "r . Protect%cTen'sVat^r Resc€;rNs MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 18th day of April _, 2000 by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and Coventry Homeowners' Association , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards Coventry Homeowners' Association , a Program grant in the amount of$ 2 500.00 . 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 1,300.00 4. Labor: Grantee further agrees to provide 69 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Proiect: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than July 1 , 2000. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on April 18 , 2000, and shall be completed by September 30, 2000. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15th calendar day of each month during the Project year, beginning May 15, 2000. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: Debbie Rose 2553 Dovetail Drive Ocoee, Florida 34761 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. - 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this 18`h day of _ April , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. . day of , 2000. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 EXHIBIT A Project Description Coventry Subdivision Coventry homeowners will supervise the design and installation of landscaping at the Silver Star Road entranceway. The landscaping will be designed and installed by a professional landscape architect. • MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 18th day of _ April , 2000 by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and Cross Creek Homeowners' Association , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards Cross Creek Homeowners' Association a Program grant in the amount of$ $2500.00 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 3,500.00 4. Labor: Grantee further agrees to provide 50 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than July 1 , 2000. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on _April 18 , 2000, and shall be completed by September 30, 2000. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15'h calendar day of each month during the Project year, beginning May 15, 2000. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: Spencer Solomon 534 Goldenmoss Loop Ocoee, Florida 34761 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this 18th day of April , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. day of , 2000. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 EXHIBIT A Project Description Cross Creek Subdivision The homeowners will construct a gazebo and plant trees and other landscaping to help buffer their community center and pool area from adjacent development in order to provide more privacy. 7 MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 18'h day of April , 2000 by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and Lake Lilly Oaks Homeowners' Association, located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards Lake Lilly Oaks Homeowners' Association , a Program grant in the amount of$ 1 200.00 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 245.00 4. Labor: Grantee further agrees to provide at least 11 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than July 1 , 2000. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on April 18 , 2000, and shall be completed by September 30, 2000. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15th calendar day of each month during the Project year, beginning May 15, 2000. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: Sylvia Alarie 1512 Lilly Oaks Circle Gotha, FL 34734 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this 18`h day of April , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. day of , 2000. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 EXHIBIT A Project Description Lake Lilly Oaks Subdivision The homeowners will purchase and install 17 Drake Elm trees around the cul-de-sac circle approximately 15-18 feet from the curb. They have the assistance of a professional landscaper for the installation. They will also agree to water the trees to get them established and to handle maintenance of the trees as needed. 7 MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 18th day of _ April _, 2000 by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and Lake Olympia Club Homeowners' Association , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards Lake Olympia Club Homeowners' Association, a Program grant in the amount of$ 2 500.00 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 1,067.00 4. Labor: Grantee further agrees to provide 120 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than July 1 , 2000. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on April 18 , 2000, and shall be completed by September 30, 2000. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15th calendar day of each month during the Project year, beginning May 15, 2000. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: Nick Pagano 201 Olympus Drive Ocoee, Florida 34761 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this 18' day of April , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. . day of , 2000. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 EXHIBIT A Project Description Lake Olympia Club Subdivision The homeowners will coordinate several projects in an effort to improve the common areas. They will supervise the planting of shrubbery and trees along Olympus Drive, around the City pump station, and near the retention pond. This landscaping will actually be done by a professional landscaping company. Another company will install new light fixtures at the Silver Star Road entrance. A third company will install a new subdivision sign at the Clarke Road entrance and a fourth company will make several changes to the common area irrigation system along Olympus Drive. The homeowners will also coordinate the repair of the entranceway sign at Silver Star Road and Olympus Drive and the installation of additional fence around the sprinkler pump to beautify that area in addition to the landscaping. 7 MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 18th day of April , 2000 by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and Lake Olympia, Lake Village Homeowners' Association , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards Lake Olympia, Lake Village Homeowners' Association, a Program grant in the amount of$ $2,500.00 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 3,256.00 4. Labor: Grantee further agrees to provide 84 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than July 1 , 2000. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on _ April 18 , 2000, and shall be completed by September 30, 2000. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15th calendar day of each month during the Project year, beginning May 15, 2000. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: Ron Coonrad 1286 Hawthorne Cove Drive Ocoee, Florida 34761 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this 18`h day of April , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. . day of , 2000. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 EXHIBIT A Project Description Lake Olympia, Lake Village Subdivision The homeowners will supervise the professional installation of an irrigation system in their community park. The water for the irrigation system will come from the adjacent retention pond. They will also have an electrician get power to the park area and install lighting in the park, principally for security purposes. 7 MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 18th day of Ap l , 2000 by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and Richfield Homeowners' Association , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards Richfield Homeowners' Association , a Program grant in the amount of$ 2 001.40 . 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 200.00 4. Labor: Grantee further agrees to provide 37 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than July 1 , 2000. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on April 18 , 2000, and shall be completed by September 30, 2000. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15th calendar day of each month during the Project year, beginning May 15, 2000. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: Odessa Bowser 2700 Springfield Drive Ocoee, Florida 34761 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this 18'h day of April , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. day of , 2000. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 EXHIBIT A Project Description Richfield Subdivision The homeowners are having new subdivision signs made for their entrance on Johio Shores Road. They are also adding lighting to the entranceway for both safety and aesthetics. • MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 18th day of April , 2000 by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and Sleepy Harbour Homeowners' Association , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards Sleepy Harbour Homeowners' Association , a Program grant in the amount of$ $2,500.00 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 29,500.00 4. Labor: Grantee further agrees to provide 525 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than July 1 , 2000. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on _pril 18 , 2000, and shall be completed by September 30, 2000. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15'h calendar day of each month during the Project year, beginning May 15, 2000. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: Leigh Elliott 413 E. Lakeshore Drive Ocoee, Florida 34761 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this 18`h day of April , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. day of , 2000. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 EXHIBIT A Project Description Sleepy Harbour Subdivision The homeowners will work with a contractor to complete the wall (stucco wall) along White Road between Stinnett Drive and East Lakeshore Drive. They have already obtained all but one of the necessary easement agreements from the property owners and have already obtained plan approval from the City of Ocoee. The wall will be completed in three phases. 7 MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 18th day of AEI , 2000 by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and Waterside Homeowners' Association , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards Waterside Homeowners' Association , a Program grant in the amount of$ 2 500.00 . 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 1,349.00 4. Labor: Grantee further agrees to provide 189 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than July 1 , 2000. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on April 18 , 2000, and shall be completed by September 30, 2000. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15'h calendar day of each month during the Project year, beginning May 15, 2000. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: Richard Brown 2112 New Victor Road Ocoee, Florida 34761 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be I obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this 18`h day of April , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. . day of , 2000. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 EXHIBIT A Project Description Waterside Subdivision The homeowners will be removing a lot of existing landscaping at the Clarke Road entrance and replacing it with a more upgraded look. They will install coordinating landscaping at the Johio Shores entrance as well to give the subdivision a unified look. Along with the landscaping, they are also repainting and adding to the signs at both entranceways, again to coordinate the look. They also plan to install some additional lighting at both entrances. 7 MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 18th day of _ April , 2000 by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and Wesmere Maintenance Association , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards Wesmere Maintenance Association , a Program grant in the amount of$ $2500.00 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 2,500.00 4. Labor: Grantee further agrees to provide 63 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than July 1 , 2000. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on _April 18 , 2000, and shall be completed by September 30, 2000. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15`h calendar day of each month during the Project year, beginning May 15, 2000. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: Suzanne Taylor 105 Carisbrooke Street Ocoee, Florida 34761 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this 18'h day of Awl , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. day of , 2000. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 EXHIBIT A Project Description Wesmere Subdivision • The homeowners will be adding landscaping (oak trees, ligustrums, and viburnum hedges) to several common areas in the subdivision. They are also putting benches near the lake across from the basketball court and the lake near the back playground. The hedges are to screen the benches from view as you drive down the parkway. Other trees will be placed in a few different areas to add coverage or replace dead trees. The lighting will also be upgraded at the subdivision entrance on Maguire Road and at various village entrances within the subdivision. •