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BOOK 94 866 <br />FCS staff has transmitted the attached Conceptual Approval <br />Agreement to county staff relating to the subject property. The <br />Agreement was approved by the FCT Governing Body at its meeting on <br />March 10, 1995, and is presented herein for the Board's <br />consideration. <br />ANALYSIS <br />The agreement consists largely of standard language and conditions <br />pursuant to Rule 9K-41 Florida Administrative Code, the rule which <br />sets forth Florida Communities Trust program procedures. <br />The agreement consists of eight main sections, as follows <br />(paraphrased): <br />I. General Conditions <br />II. Requirements Prior to Initiation of Negotiations <br />III. County Obligations Relating to Project Plan Approval <br />IV. Project Site Acquisition Requirements <br />V. Obligations as a Condition of Project Funding <br />Vi. Obligations Relating to Use of Bond Proceeds <br />VII. Disallowable Activities/Remedies <br />VIII. Site Specific Management Plan Conditions <br />The General Conditions section of the agreement contains standard <br />language pertaining to timing and coordination of steps between <br />the County and FCT. <br />Requirements Prior to Initiation of Negotiations outlines a number <br />of steps and time frames including the requirement that the County <br />provide a resolution to FCT, with information confirming such <br />things as property owners being.willing sellers, and the County's <br />ability to provide the local match. <br />Under this section of the agreement, the County has the opportunity <br />to choose whether the County or FCT will be the responsible party <br />for all negotiation and acquisition activities. These activities <br />include overseeing appraisals, surveys, title reports, and <br />environmental audits. The execution of a multi-party agreement is <br />required only if the County opts to be the responsible party for <br />negotiation and acquisition activities. <br />If the County opts for FCT to be the responsible negotiating party, <br />then the land acquisition consultant contracted to assist with the <br />overall county environmental land acquisition program <br />(FloridAffinity) will not be involved with acquisition activities <br />relating to the project. <br />It is staff's position that the County should opt to be responsible <br />for negotiation and acquisition activities for the project. County <br />responsibility for these activities will expedite the acquisition <br />process, and thus provide timely relief to Sebastian Highlands lot <br />owners burdened with federal mitigation requirements. <br />County Obligations as a Condition of Project Plan Approval outlines <br />County documents required prior to FCT disbursement of State funds, <br />including a statement of total project costs, a signed agreement <br />for acquisition, and a management plan consistent with the criteria <br />and conditions within the Conceptual Approval Agreement. <br />Acquisition Requirements relates to State requirements regarding <br />transfer of title procedures. <br />Obligations as a Condition <br />of project property once <br />adopted management plan, <br />approval is first obtained. <br />APRIL 18, 1995 <br />of Project Funding ensures that any use <br />acquired will be consistent with the <br />or, if changes are proposed, that FCT <br />10 <br />