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2006-400
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2006-400
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Last modified
9/1/2016 3:43:10 PM
Creation date
9/30/2015 10:18:58 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
11/21/2006
Control Number
2006-400
Agenda Item Number
7.G.
Entity Name
State of Florida Department of Community Affairs
Subject
Grant contract with FCT-Leona Diamond Trust
Archived Roll/Disk#
4007
Supplemental fields
SmeadsoftID
5963
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managed as part of a linked trail system. <br /> 15 . The Project Site shall be protected and managed as part of linked conservation lands <br /> within the County' s designated Oslo Riverfront Area Greenway and Indian River Lagoon <br /> Blueway. <br /> IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED <br /> BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. <br /> 1 . Each parcel in the Project Site to which the Recipient acquires title shall be subject to <br /> a Declaration of Restrictive Covenants describing the parcel and containing such covenants and <br /> restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times <br /> complies with Sections 375 .051 and 380. 510, Fla. Stat. ; Section 1l (e), Article VII of the Florida <br /> Constitution; the applicable bond indenture under which the Bonds were issued; and any provision <br /> of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt <br /> bonds . The Declaration of Restrictive Covenants shall contain clauses providing for the conveyance <br /> of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund <br /> ("Trustees"), or a nonprofit environmental organization or government entity, upon failure to <br /> comply with any of the covenants and restrictions, as further described in paragraph 3. below. <br /> 2. The Declaration of Restrictive Covenants shall also restate the conditions that were <br /> placed on the Project Site at the time of project selection and initial grant approval. The Declaration <br /> of Restrictive Covenants shall be executed by FCT and the Recipient at the time of reimbursement of <br /> Project Costs and shall be recorded by the Recipient in the county(s) in which the Project Site is <br /> located. <br /> 3 . If any essential term or condition of the Declaration of Restrictive Covenants is <br /> violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient <br /> shall be notified of the violation by written notice given by personal delivery, registered mail or <br /> registered expedited service. The recipient shall diligently commence to cure the violation or <br /> complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing <br /> activities can not be reasonably completed within the specified thirty (30) day time frame, the <br /> Recipient shall submit atimely written request to the FCT Program Manager that includes the status <br /> of the current activity, the reasons for the delay and a time frame for the completion of the curing <br /> activities. FCT shall submit a written response within thirty (30) days of receipt of the request and <br /> approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be <br /> completed within one hundred twenty ( 120) days of the Recipient' s notification of the violation. <br /> However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater <br /> extension of time to complete the activities, FCT shall give the request due consideration. If the <br /> Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) <br /> the time frame approved by FCT pursuant to the Recipient' s request, fee simple title to all interest in <br /> the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another <br /> local government, nonprofit environmental organization, the Florida Division of Forestry, the <br /> Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or <br /> 06-037-FF6 <br /> Oct. 25, 2006 <br /> Preacquisition <br /> - 11 - <br />
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