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1999-333
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1999-333
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Last modified
1/29/2024 1:02:22 PM
Creation date
1/29/2024 1:01:46 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/21/1999
Control Number
1999-333
Entity Name
Florida Communities Trust
Subject
Confidentially Agreement for Conceptual Approval Agreement
for Cost-Share Acquisition of Oslo Riverfront So
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40 <br />i <br />regulations, including zoning ordinances and the applicable adopted and approved <br />comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits <br />have been obtained prior to the commencement of any construction. <br />3. The Recipient shall, through its agents and employees, prevent the unauthorized <br />use of the project site or any use thereof not in conformity with the management plan approved <br />by the FCT as a part of the project plan. <br />4. FCT staff or its duly authorized representatives shall have the right at any time to <br />inspect the project site and the operations of the Recipient at the project site. <br />5. All buildings, structures, improvements, and signs shall require the prior written <br />approval of FCT as to purpose. Further, tree removal, other than non-native species, and major <br />land alterations shall require the written approval of FCT. The approvals required from FCT shall <br />not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, <br />buildings, improvements, signs, vegetation removal or land alterations will not adversely impact <br />the natural resources of the project site. The approval by FCT of the Recipient's management <br />plan addressing the items mentioned herein shall be considered written approval from FCT. <br />VI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF <br />BOND PROCEEDS <br />1. FCT is authorized by Sections 375.045(4) and 380.510(7)(a) and (b), F.S., to <br />impose conditions for funding on Recipient in order to ensure that the project complies with the <br />requirements for the use of Preservation 2000 Bond proceeds including without limitation the <br />provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same <br />pertain to tax exempt bonds. <br />2. If the project site is to remain subject, after its acquisition by the Recipient and/or <br />the Trustees, to any of the below listed transactions, events, and circumstances, the Recipient <br />shall provide at least 60 days advance written notice of any such transactions, events, and <br />circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT <br />reasonably requests in order to evaluate the legal and tax consequences of such activity or <br />interest. Recipient agrees and acknowledges that the following transactions, events, and <br />circumstances may be disallowed on the project site as they may have negative legal and tax <br />consequences under Florida law and federal income tax law. The Recipient further agrees and <br />acknowledges that the following transactions, events, and circumstances may be allowed up to a <br />certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of <br />the Internal Revenue Service: <br />a. any sale or lease of any interest in the project site to any person or <br />organization; <br />Funded/Joint Acquisition/99-055-P9A <br />11/30/1999 <br />FINAL 11 <br />
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