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1999-335
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1999-335
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Last modified
1/29/2024 1:09:17 PM
Creation date
1/29/2024 1:08:42 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/21/1999
Control Number
1999-335
Entity Name
Florida Communities Trust
Subject
Confidentially Agreement for Conceptual Approval Agreement for
Cost-Share Acquisition of Wabasso Scrub Addition LAAC Sites
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40 <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 RECIPIENT <br />AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON <br />GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE <br />WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE <br />THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF <br />UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY <br />COMPLIED WITH BY THE CONTRACTING PARTY. <br />VIII. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE <br />ADDRESSED IN THE MANAGEMENT PLAN <br />The management plan for the project site is mentioned throughout this Agreement, and is <br />particularly described in Paragraph l.b. of Section III above. In addition to the various <br />conditions already described in this Agreement, which apply to all sites acquired with FCT funds, <br />the management plan shall address the following conditions that are particular to the project site <br />and result from either representations made in the application that received scoring points or <br />observations made by the FCT staff during the site visit described in Rule 9K -4.010(2)(f), <br />F.A.C.: <br />1. Outdoor recreational facilities including a nature trail shall be provided. This <br />facility shall be developed in a manner that allows the general public reasonable access for <br />observation and appreciation of the natural resources on the project site without causing harm to <br />those resources. <br />2. A permanent recognition sign shall be maintained in the entrance area of the <br />project site. The sign shall acknowledge that the project site is open to the public and was <br />purchased with funds from the Florida Communities Trust Preservation 2000 Program. Such <br />recognition shall also be included in all printed literature and advertising associated with the <br />project site. <br />Contingent/Joint Acquisition/99-074-P9A <br />11/30/1999 <br />FINAL 13 <br />
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