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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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a Water _Management District, who agrees to accept title and manage the Project Site. FCT shall <br /> treat such property in accordance with Section 380. 508(4)(e), Fla. Stat. <br /> X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT <br /> FUNDING <br /> 1 . The interest acquired by the Recipient in the Project Site shall not serve as security <br /> for any debt of the Recipient. <br /> 2 . If the existence of the Recipient terminates for any reason, title to the Project Site <br /> shall be conveyed to the Trustees unless FCT negotiates an agreement with another local <br /> government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish <br /> and Wildlife Conservation Commission, the Department of Environmental Protection or a Water <br /> Management District who agrees to accept title and manage the Project Site. <br /> 3 . Following the reimbursement of Project Costs, the Recipient shall ensure that the <br /> future land use designation assigned to the Project Site is for a category dedicated to open space, <br /> conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable <br /> comprehensive plan is required, the mnendment shall be proposed at the next comprehensive plan <br /> amendment cycle available to the Recipient subsequent to the reimbursement of Project Costs . <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 /> XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND <br /> PROCEEDS <br /> 1 . FCT is authorized by Section 380. 510, Fla. Stat. to impose conditions forRuiding on <br /> the Recipient in orderto ensure that the project complies with the requirements for the use of Florida <br /> Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code <br /> and the regulations promulgated thereunder as the .sarne pertain to tax exempt bonds . <br /> 2 . The Recipient agrees and acknowledges that the below listed transactions, events, and <br /> circumstances, collectively referred to as the "disallowable activities," may be disallowed on the <br /> Project Site as they may have negative legal and tax consequences under Florida law and federal <br /> income tax law. The Recipient further agrees and acknowledges that these disallowable activities <br /> may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private <br /> Activity regulations of the Internal Revenue Service : <br /> a. any sale or lease of any interest in the Project Site to a non-governmental <br /> person or organization; <br /> b . the operation of any concession on the Project Site by a non- governmental <br /> person or organization; <br /> 06-037-FF6 <br /> Oct. 25, 2006 <br /> Pre acquisitlon <br /> _ 12- <br />
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