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2003-001
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2003-001
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Last modified
10/24/2015 6:00:08 AM
Creation date
9/30/2015 7:34:53 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Grant
Approved Date
01/07/2003
Control Number
2003-001
Agenda Item Number
7.D.
Entity Name
Florida Communities Trust (FCT)
Subject
Indian River Farms Coastal Preserve
Archived Roll/Disk#
3160
Alternate Name
Department of Community Affairs
Supplemental fields
SmeadsoftID
3782
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VII. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT <br /> FUNDING <br /> 1 . Following the acquisition of the Project Site, 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 amendment shall be proposed at the next comprehensive <br /> plan amendment cycle available to the Recipient subsequent to the Project Site' s acquisition. <br /> 2 . Recipient shall ensure, and provide evidence thereof to FCT, that all activities <br /> under this Agreement comply with all applicable local , state, regional and federal laws and <br /> regulations , including zoning ordinances and the applicable adopted and approved <br /> comprehensive plan. <br /> 3 . The Recipient shall , through its agents and employees , prevent the unauthorized <br /> use of the Project Site or any use thereof not in conformity with the Management Plan approved <br /> by the FCT as a part of the Project Plan . <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 /> 5 . All buildings , structures , improvements , and signs shall require the prior written <br /> approval of FCT as to purpose . Further, tree removal , other than non-native species , and major <br /> land alterations shall require the written approval of FCT . The approvals required from FCT shall <br /> not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures , <br /> buildings , improvements , signs , vegetation removal or land alterations will not adversely impact <br /> the natural resources of the Project Site . The approval by FCT of the Recipient' s Management <br /> Plan addressing the items mentioned herein shall be considered written approval from FCT . <br /> VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF <br /> BOND PROCEEDS <br /> 1 . FCT is authorized by Section 380 . 510 , F . S . , to impose conditions for funding on <br /> Recipient in order to 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 same pertain to tax exempt bonds . <br /> 2 . 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 <br /> activities may be allowed up to a certain extent based on guidelines or tests outlined in the <br /> Federal Private Activity regulations of the Internal Revenue Service : <br /> 02-059-FF2 <br /> 12/11 /2002 <br /> Joint Acquisition- <br /> - 15 - <br />
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