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2004-319
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2004-319
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Last modified
11/14/2016 1:51:13 PM
Creation date
9/30/2015 8:29:14 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/14/2004
Control Number
2004-319
Agenda Item Number
7.S.
Entity Name
Florida Communities Trust (FCT)
Subject
Grant Contract Bonds
Area
St. Sebastian River Buffer - Ansin Tract
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4773
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covenants and restrictions as are , at a minimum, sufficient to ensure that the use of the Project <br /> Site at all times complies with Sections 375 . 051 and 380 . 510 , Fla . Stat . ; Section I I (e) , Article <br /> VII of the Florida Constitution; the applicable bond indenture under which the Bonds were <br /> issued ; and any provision of the Internal Revenue Code or the regulations promulgated <br /> thereunder that pertain to tax exempt bonds . The Declaration of Restrictive Covenants shall <br /> contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees <br /> of the Internal Improvement Trust Fund ("Trustees") , or a nonprofit environmental organization <br /> or government entity, upon failure to comply with any of the covenants and restrictions , as <br /> further described in paragraph 3 . below . <br /> 2 . The Declaration of Restrictive Covenants shall also restate the conditions that <br /> were placed on the Project Site at the time of project selection and initial grant approval . The <br /> Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of <br /> reimbursement of Project Costs and shall be recorded by the Recipient in the county(s) in which <br /> the Project Site is 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 <br /> Recipient shall be notified of the violation by written notice given by personal delivery , <br /> registered mail or registered expedited service . The recipient shall diligently commence to cure <br /> the violation or complete curing activities within thirty (30 ) days after receipt of notice of the <br /> violation . If the curing activities can not be reasonably completed within the specified thirty (30) <br /> day time frame , the Recipient shall submit a timely written request to the FCT Program Manager <br /> that includes the status of the current activity , the reasons for the delay and a time frame for the <br /> completion of the curing activities . FCT shall submit a written response within thirty (30 ) days <br /> of receipt of the request and approval shall not be unreasonably withheld . It is FCT ' s position <br /> that all curing activities shall be completed within one hundred twenty ( 120) days of the <br /> Recipient ' s notification of the violation . However, if the Recipient can demonstrate extenuating <br /> circumstances exist to justify a greater extension of time to complete the activities , FCT shall <br /> give the request due consideration . If the Recipient fails to correct the violation within either (a) <br /> the initial thirty ( 30) day time frame or (b ) the time frame approved by FCT pursuant to the <br /> Recipient ' s request, fee simple title to all interest in the Project Site shall be conveyed to the <br /> Trustees unless FCT negotiates an agreement with another local government , nonprofit <br /> environmental organization, the Florida Division of Forestry , the Florida Fish and Wildlife <br /> Conservation Commission, the Department of Environmental Protection or a Water Management <br /> District, who agrees to accept title and manage the Project Site . FCT shall treat such property in <br /> accordance with Section 380 . 508 (4) (e) , Fla. Stat . <br /> X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF <br /> PROJECT FUNDING <br /> 1 . The interest acquired by the Recipient in the Project Site shall not serve as <br /> security for any debt of the Recipient . <br /> 04-025-FF4 <br /> November 24, 2004 <br /> Reimbursement <br /> - 12 - <br />
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