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12/8/1998
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12/8/1998
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
12/08/1998
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P: <br />BOOK io <br />The agreements consist largely of standard language and conditions pursuant to Rule 9K-4, Florida <br />Administrative Code, the rule which sets forth Florida Communities Trust program procedures. Each <br />agreement consists of eight main sections, as follows (paraphrased): <br />I. <br />General Conditions <br />H. <br />Requirements Prior to Initiation of Negotiations (Blue Goose, Oyster Bar) <br />M. <br />Project Plan Approval <br />IV. <br />Project Site Acquisition Requirements <br />V. <br />Obligations as a Condition of Project Funding <br />VI. <br />Obligations Relating to theUse of Bond Proceeds <br />VII. <br />Disallowable Activities/Remedies <br />VIII. <br />Site Specific Management Plan Conditions <br />The General Conditions section of the agreements contains standard language pertaining to timing and <br />coordination of steps between the County and FCT, and among other things identifies the key contact from <br />the County for purposes of coordinating project activities. <br />Requirements Prior to Initiation of Negotiations pertains to the Oyster Bar and Blue Goose sites. This <br />section outlines a number of steps and time frames including the requirement that the County identify and <br />authorize a representative of the County to execute all FCT documents relating to the acquisition. This <br />section also includes reference to a required Confidentiality Agreement (attached), which must include the <br />names and signatures of local representatives who will be privy to confidential appraisals during the <br />negotiation process. <br />Under this section of the agreement, the County has the opportunity to choose whether the County or FCT <br />will be the responsible party for all negotiation and acquisition activities. These activities include overseeing <br />appraisals, surveys, title reports, and environmental audits. It is staffs position that the County should opt <br />to be responsible for negotiation and acquisition activities for the Blue Goose and Oyster Bar Salt Marsh <br />projects. (Since the Harmony Oaks property has already been acquired by the County, this issue is not <br />applicable.) <br />Project Plan Approval outlines County documents required prior to FCT disbursement of State funds, <br />including a statement of total project costs, a signed agreement for acquisition, and a management plan <br />consistent with the criteria and conditions within the Conceptual Approval Agreement. <br />Project Site Acquisition Requirements relate to State requirements regarding transfer of title procedures, <br />and allow the County to determine whether title goes to the County or to the State. Staffs position is that, <br />in the interest of local control, the County should opt to obtain full title to the subject properties. <br />Obligations as a Condition of Project Funding ensure that any use of project property once acquired will <br />be consistent with the adopted management plan, or, if changes are proposed, that FCT approval is first <br />obtained. <br />Obligations Relating to the Use of Bond Proceeds requires the County to notify FCT if any use of project <br />property is proposed that may affect State bond proceeds used in acquiring the property, with respect to legal <br />and tax consequences. <br />Disallowable Activities/Remedies provide that the County will cease any "disallowable activities" on the <br />project property upon written notification from the FCT, as applicable, and that the FCT will be held <br />harmless from all claims relating to disallowable activities. "Disallowable activities" are specifically listed <br />in the Agreement, and include the operation of concessions on the property, and "any use of the project site <br />by any person other than in such person's capacity as a member of the general public." <br />Site Specific Management Plan Conditions reflect information presented to FCT in the County's grant <br />applications, including revisions deemed appropriate by the FCT, relating to proposed site improvements <br />and use. Proposed improvements to the Blue Goose and Oyster Bar Salt Marsh properties include limited <br />parking, boardwalks, nature trails, information signs, and limited parking. In addition to those improvements, <br />a canoe landing is proposed on the Harmony Oaks property as well. Invasive exotic plant removal and <br />resource management are proposed for each site, consistent with county environmental lands program <br />objectives. <br />December 8, 1998 <br />cm <br />
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