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1999-334
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1999-334
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Last modified
1/29/2024 1:06:47 PM
Creation date
1/29/2024 1:06:20 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/21/1999
Control Number
1999-334
Entity Name
Florida Communities Trust
Subject
Confidentially Agreement for Conce[tual Approval Agreement for
Cost-Share Acquisition of North Sebastian C.A. Addition
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40 <br />O <br />organization; <br />a. any sale or lease of any interest in the project site to any person or <br />b. the operation of any concession on the project site by any person or <br />organization; <br />C. any sales contract or option to buy things attached to the project site to be <br />severed from the project site, with any person or organization; <br />d. any use of the project site by any person other than in such person's <br />capacity as a member of the general public; <br />e. any change in the character or use of the project site from that use <br />expected at the date of the issuance of any series of bonds from which the disbursement is to be <br />made; <br />f. a management contract of the project site with any person or organization; <br />or <br />g. such other activity or interest as may be specified from time to time in <br />writing by FCT to the Recipient. <br />The foregoing are collectively referred to as the "disallowable activities." <br />VII. DISALLOWABLE ACTIVITIES/REMEDIES <br />In the event that FCT determines at any time or from time to time that the Recipient is <br />engaging or allowing others to engage in disallowable activities on the project site, the Recipient <br />agrees to immediately cease or cause the cessation of the disallowable activity upon receipt of <br />written notice from the FCT. To the extent allowed by law, Recipient hereby indemnifies and <br />agrees to hold FCT harmless from all claims, causes of action or damages of any nature <br />whatsoever arising from or with respect to disallowable activities on the project site. Nothing <br />herein shall be deemed a waiver of the Recipient's sovereign immunity. In addition to all other <br />rights and remedies at law or in equity, FCT shall have the right to temporary and permanent <br />injunctions against Recipient for any disallowable activity on the project site. <br />DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT <br />RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR <br />NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT <br />SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO <br />ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A <br />RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE <br />FULLY COMPLIED WITH BY THE CONTRACTING PARTY. <br />Funded/Preacquired/99-056-P9A <br />11/30/1999 <br />FINAL 12 <br />
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