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c' �3 lq4 l RECEIVFLJ FCT Contract Number *CT-%T 0 2 - F2 A dS8 FLORIDA COMMUNITIES TRUST AUG 21 2003 FF2 Award Number 02-058 -17172 DEPT, OF COMMUNITY AFFAIRS KROEGEL HOMESTEAD F ORIDA COMMUNITIES TRUST CSFB S2ooZ GRANT CONTRACT THIS AGREEMENT is entered into on ? per. b Z 6 200 3 , the date the last party executes this Agreement, by and between hie FLORIDA COMMUNITIES TRUST (FCT) , a nonregulatory agency within the State of Florida Department of Community Affairs, and INDIAN RIVER COUNTY, a local government of the State of Florida (Recipient) . The intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds , hereinafter described, and the lands acquired with such proceeds (Project Site) , that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement provisions of Sections 259 . 105 , 259 . 105 1 , and Chapter 380 , Part III, Florida Statutes (F . S .) . WHEREAS , Chapter 380, Part IlI, F . S . , the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals , objectives, and policies of the conservation, recreation and open space, and coastal management elements of local comprehensive plans , or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS , Section 259 . 105 (3 )(c) , F . S . , of the Florida Forever Act provides for the distribution of twenty- two percent (22%) less certain reductions of the net Florida Forever Revenue Bond proceeds to the Department to provide land acquisition grants to local governments or nonprofit environmental organizations through the FCT for acquisition of community-based projects , urban open spaces, parks , greenways , and recreational trail systems to implement local comprehensive plans ; WHEREAS , the Bonds are issued as tax-exempt bonds , meaning that the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes ; WHEREAS , Rule Chapter 9K-7 , Florida Administrative Code (F .A. C . ) , describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department from the Florida Forever Trust Fund; 02-05&FF2 July 17, 2003 Partial-Pre-acquired/Joint Acquisition - 1 -