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HomeMy WebLinkAbout2008-163 oaf' INTERGOVERNMENTAL MANAGEMENT AGREEMENT NORTH SEBASTIAN CONSERVATION AREA ADDITION INDIAN RIVER COUNTY THIS INTERGOVERNMENTAL MANAGEMENT AGREEMENT ("Agreement") is made asof the 34, day of J vn8 2008, by and between THE GOVERNING BOARD OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 , Florida Statutes, whose mailing address is P .O. Box 1429, Palatka, Florida 32178- 1429 (the 'District"), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27`h Street, Vero Beach, Florida 32960-3388 ("County") . WITNESSETH: WHEREAS, the District has entered into an Agreement of Purchase and Sale with the seller thereunder to acquire 134 acres of real property located in Indian River County, Florida, known as the North Sebastian Conservation Area Addition (`Property"), as depicted on Exhibit "A", attached hereto and by this reference made a part hereof; and WHEREAS, the Property- is adjacent to the North Sebastian Conservation Area, as depicted on Exhibit "A ; " and WHEREAS, closing under the Agreement of Purchase and Sale is contingent upon the District and the County entering into this Intergovernmental Management Agreement providing for long-term management of the Property by the County following closing. The District is acquiring the Property for the conservation and protection of the water resources, consistent with section 373 . 139, Florida Statutes; and WHEREAS, the District intends to deed a 33 % undivided interest in the Property to the County at closing between the District and the Seller so as to provide for the long-term management of the Property by the County; and WHEREAS, the District and the County desire that the County manage the Property for recreation and conservation, consistent with sections 373 . 1391 and 373 . 1401 , Florida Statutes; and WHEREAS, the County possesses the personnel, ability, interest, and willingness to manage the Property under the multiple-use concept, based on sound ecological principles; and WHEREAS, the parties recognize the value of close cooperation and mutual support in providing for public use and enjoyment of the Property. NOW, THEREFORE , in consideration of the aforesaid premises, which are hereby made a part of this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows : Page 1 of 9 North Sebastian Conservation Area Addition Management Agreement Draft I . The County hereby agrees to manage the Property for the purposes stated herein, subject to the rights reserved herein. During the term of this Agreement, the County shall act as the lead management entity for the Property to provide for the conservation, protection, management, and enhancement of natural and cultural resources on the Property and for public recreation within the Property, along with the other uses provided for herein. 2. The Effective Date shall mean the date when the last of the parties has executed this Agreement, which date shall be inserted at the top of the first page hereof. The initial term of this Agreement is for a period of ten ( 10) years , commencing on the Effective Date. This Agreement shall thereafter be automatically renewed in two (2), twenty (20) year increments unless terminated as provided herein . In the event this Agreement terminates for any reason, the County understands and agrees that it shall execute a quitclaim deed to the District relinquishing its 33 % undivided interest in the Property. 3 . If additional parcels that adjoin the boundaries of the Property are acquired by any of the parties, each such additional parcel may be incorporated within the North Sebastian Conservation Area upon prior written approval in writing by both parties. 4 . Within twelve ( 12) months of the Effective Date, the County shall amend the existing North Sebastian Conservation Area Management Plan (the "Plan") to include management of the Property. The District shall have sixty (60) days from the date of receipt of the final draft Plan to review the Plan and provide written comments to the County. The District shall have 45 days from the date the parties resolve all issues raised by written comment to approve the Plan . No development shall occur on the Property that is not included in the Plan. All references hereafter to the Plan shall mean the Plan, as approved by the parties. a. The Plan and all future revisions thereof shall include strategies for forest, ecological and fire management, long-term management, public recreational uses, cultural resources management, access and use of existing roads, and establishment of environmental education programs . b. The Plan shall also include a maintenance/control plan for invasive/exotic species . C . Amendments to the Plan with respect to the Property may be proposed by any party at any time . However, all parties must agree in writing to the amendments. 5 . Prior to agreement by both parties to the Plan, the County will assume responsibility for the surveillance and security of the Property. Land management questions will be settled by letter in writing, as approved by both parties. 6 . The County shall bear the cost of the planning, construction, operation and maintenance of any recreational facility on the Property . The County shall also provide the personnel and resources necessary to monitor and protect the Property and to ensure the safety of the public . Upon request, District shall assist the County with fire management to the extent it has the capability to provide such assistance . Page 2 of 9 North Sebastian Conservation Area Addition Management Agreement Draft 7 . Any use or development of the Property shall be subject to the following minimum conditions and guidelines : a. The function and condition of the Property with respect to the management of water and other natural resources, water supply, and the conservation and protection of water resources shall be maintained in its present condition or enhanced; b. The Property shall be managed for multiple uses, including forest and fire management, and for public resource-based educational and recreational purposes (i .e. , dependent on existing elements of the natural environment), which may include hiking, wildlife viewing, picnicking, nature study, jogging, equestrian activities, camping and other related passive outdoor activities as set forth in the Plan; c. Educational and recreational activities planned or conducted on the Property shall be resource-based and the development of recreational facilities shall be restricted to trails , boardwalks, or other alterations that facilitate access for the passive recreational user, as set forth in the Plan; d. The District may engage in construction or other activities necessary for water management purposes on the Property if such activities are consistent with the Plan; e. The District and the County may harvest wiregrass seed and seed of other species from the Property. Other public agencies may harvest wiregrass seed and seed of other species from the Property with prior written permission from the County; f. All educational and recreational uses and other activities on the Property shall be consistent with the water management purposes of the District as provided in Chapter 373 , Florida Statutes, to manage the water resources ; g. There shall be no facilities on the Property except those directly related to the operation and maintenance of the Property for conservation, public recreation, and environmental education purposes, as set forth in the Plan or as constructed by the District for water management purposes . h. The District acknowledges and agrees that portions of the Property may contain Florida scrub jay habitat that, when such habitat is protected and enhanced through management, may qualify as mitigation credit for off-site scrub jay habitat impacts regulated by the U . S . Fish and Wildlife Service under the federal Endangered Species Act. The County and the City of Sebastian shall share 50% of the mitigation credit. The District shall have the remaining 50% . Additional terms may be agreed upon by the parties and provided for in the Management Plan . 8 . All revenues generated on the Property by the County or third parties hired by the County through compatible secondary-use management, such as the sale of timber, shall be utilized for the benefit of the Property to implement approved activities on the Property to the extent allowable under existing laws and consistent with the Plan. All timber sales shall be in Page 3 of 9 North Sebastian Conservation Area Addition Management Agreement Draft accordance with the Plan and shall be approved by the District. The County shall notify the District of its intention to sell timber not less than 30 days prior to advertising the timber sale. The District shall approve or disprove the proposed sale within 15 days of notification . Failure to reply within said time period shall constitute approval. In the event of disapproval by the District, the sale shall not occur. 9. Any structures, improvements and facilities placed upon or moved in or upon the Property by the District or County, or constructed by the District for water management purposes, shall be identified in the Plan, and shall be at the sole cost and liability of the party implementing the activity . 10. The District will take the lead on resolution of any boundary discrepancy or dispute with respect to the Property and will consult with the County on such issues. 11 . In the event the City of Sebastian seeks to re-zone the Property to conservation or change the classification in the Comprehensive Land Use Plan to conservation or similar designation, the parties shall consult and seek to agree upon a coordinated response to such activity. Notwithstanding the aforesaid, each party reserves the right to advocate on its own behalf for the position adopted by the governing body of each party. 12 . Nothing contained herein or in the Plan shall be construed as a waiver of or contract with respect to the regulatory or permitting authority of the District or the County as it now or hereafter exists under applicable laws, rules and regulations . The County shall be responsible for obtaining, at its expense , any and all permits that may be required by any federal, state, regional, municipal or other governmental entity, including the District and the County. 13 . Each party shall pay all lawful debts incurred by that party with respect to the Property and shall satisfy all lawful and properly established liens of contractors, subcontractors , mechanics, laborers, and materialmen with respect to any construction, alteration, repair, or improvements in or on the Property authorized by such party, its agents or employees. Each party shall be responsible for its own legal costs and charges, including reasonable attorney ' s fees on appeal , in any suit involving any claim, lien, judgment or encumbrance suffered by that party as a result of the use or occupancy of the Property or any part thereof by such party , its agents or employees . 14. No party shall use or permit the Property to be used in violation of any present or future law, ordinance, rule or regulation of any governmental authority at any time relating to sanitation or the public health, safety or welfare. 15 . Execution of this Agreement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes, regarding archaeological and historical sites. The collection of artifacts or the disturbance of archaeological and historical sites on state-owned lands is prohibited unless prior authorization has been obtained from the State Division of Historical Resources . Page 4 of 9 North Sebastian Conservation Area Addition Management Agreement Draft 16. The County may enter into agreements with third parties to develop and implement the Plan or to subcontract day-to-day management responsibilities upon the Property to private consultants or contractors, environmental , educational or governmental organizations and agencies consistent with the Plan; provided however, that any such third party agreements shall be subject to the prior written approval of District, which shall not be unreasonably withheld , and such third parties shall agree to comply with the terms and conditions of this Agreement. Any such agreements necessary for routine maintenance or previously agreed upon minor improvement of the Property shall not require District' s written approval . All concessionaires, organizations and agencies shall be required to obtain from an insurance company licensed in the State of Florida and acceptable to the District liability or indemnity insurance providing for mutually acceptable minimum limits per person in any one claim, and aggregate limits for any number of persons or claims arising from any one incident and with respect to bodily injuries or death resulting therefrom, and for damage to property suffered or alleged to have been suffered by any person or persons resulting from operations under any agreement between either party and its concessionaires or organizations . The District shall be named as an additional insured for any such policies. 17 . The District and the County and any other governmental entities involved in management- related activities on the Property shall , throughout the term of this Agreement, maintain in force a program of insurance or self-insurance covering their liabilities as prescribed by section 768 . 28 , Florida Statutes. Nothing in this Agreement shall be construed as a waiver of the parties ' sovereign immunity in excess of the waiver set forth in section 768 .28 , Florida Statutes, or any other provision of law. The District's liability is further limited by recreational use immunity set forth in section 373 . 1395 , Florida Statutes, and nothing in this Agreement shall be construed as a limitation upon the District ' s right to assert such immunity. The County shall not take any action that interferes with the application of such immunity. There shall be no charge for public recreational use of the Property. 18 . During the term of this Agreement, the County shall pay all taxes (including, but not limited to, intangible personal property taxes and ad valorem taxes or special non-ad valorem assessments) that may be levied or assessed against the Property or the County ' s improvements and personal property. The County shall cause any third party management agreements to include a provision passing on the responsibility for payment of such taxes to third party managers or users, in which event the County shall monitor the third party manager to ensure that such taxes have been paid . The County may, at its own expense and in its own name and behalf or in the name and behalf of another party, contest any such taxes or special assessments. The District shall cooperate fully with the County in any such contest. 19 . This Agreement may be terminated by either party for a material breach hereof. In such event, the terminating party shall give the non-terminating party not less than ninety (90) days written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. The non-terminating party shall have ninety (90) days to cure the breach, or such other time as agreed upon by the parties. If the non-terminating party fails to cure the breach within the specified time period, the terminating party shall issue a Termination for Page 5 of 9 North Sebastian Conservation Area Addition Management Agreement Draft Default Notice, stating the effective date of termination and this Agreement shall be terminated upon the effective date. 20. All notices, consents, approvals, waivers and elections under this Agreement shall be in writing and shall be deemed to have been given and received on the date of the mailing, delivery or transmission thereof when given by : (i) certified mail , postage prepaid, return receipt requested, or (ii) hand delivery to the named individuals below, or (iii) private parcel delivery services or (iv) facsimile transmission for which a receipt is provided to the notifying party . Notices shall be addressed as follows to the parties listed below or to such other address as any party hereto shall designate by like notice given to the other party : District : ST. JOHNS RIVER WATER MANAGEMENT DISTRICT P.O . BOX 1429 PALATKA, FL 32178- 1429 ATTENTION : DIRECTOR DIVISION OF LAND MANAGEMENT Fax : (386) 329-4848 County : INDIAN RIVER COUNTY 1801 27" STREET VERO BEACH, FL 32960-3388 ATTENTION : CHIEF, ENVIRONMENTAL PLANNING AND CODE ENFORCEMENT SECTION, COMMUNITY DEVELOPMENT-DEPARTMENT FAX : (772) 978- 1806 21 . Whenever used herein the terms 'District," and " County, " include the named party, its officers and employees, the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships, public bodies, and quasi-public bodies . 22 . This Agreement constitutes the entire agreement of the parties. There are no understandings dealing with the subject matter hereof other than those contained herein. This Agreement may not be modified, changed or amended, except in writing signed by the parties or their authorized representatives . 23 . This Agreement shall be construed and interpreted according to the laws of the State of Florida. It shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties have contributed substantially and materially to the preparation hereof. 24 . The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County, Florida. 25 . This Agreement may be executed in separate counterparts, which shall not affect its validity. Page 6 of 9 North Sebastian Conservation Area Addition Management Agreement Draft IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, on the date and year first above written. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT KIRBY 1. GREEN III, Executive Director (SEAL) Executed on: J vne , 20 csg ATTES . XerraMunsel Nlennel� Approved as to form and content B.; " t;— STAT Y J . NMGU 14 Sr. Assistant General Counsel, SJRWMD STATE OF FLORIDA PUTNAM COUNTY BEFORE ME , an officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared Kirby B. Green III , to me personally known and known to me to be the Executive Director of the ST. JOHNS RIVER WATER MANAGEMENT District, a public body existing under Chapter 373 , Florida Statutes, who being duly authorized, executed the foregoing document, and he acknowledged before me that he executed the same on behalf of the ST. JOHNS RIVER WATER MANAGEMENT District. WITNESS my hand and official seal this 73 day of, �SUC\2 2008 . -o ,wr •oNotary Public State of Florida Notary Public L\ Kimbell• Crews Pla er (NOTARI ) My co mission DD651613 My Commission Expires: \ \y \\ orna Ex ire505i14/2011 Page 7 of 9 North Sebastian Conservation Area Addition Management Agreement Draft INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Attest : J . K. Barton Clerk JJ By K. ya. Bowden, Chairman Deputy Clerk PProved : May 30 2 t t phA. air uricurit 'Adm rs r r� p y n I ato P d as to form, dlee.a', sufficiency : Marian E. ell Senior Assistant County Attorney STATE OF FLORIDA INDIAN COUNTY BEFORE ME , an officer duly authorized to take acknowledgments in the State and County aforesaid . personally appeared Sandra L . Bowden as Chairman of Indian River County, who is personally known to me or produced as identification, and who executed the foregoing document, and acknowledged before me that she executed the same. WITNESS my hand and official seal this 20th day of, May 2008 . Notary Public t E . M. Casano / DD702283 (NOTARIAL SEAL ) My Commission Expires : August 06 , 2011 Page 8 of 9 North Sebastian Conservation Area Addition Management Agreement Draft FNe , 37 INi'a ,J 25• - I �;�00000 Y� � � � V •v A '7F k / �• +lf IN 03 A naay sea�On ' f> �V A 31 x21 V ` f a , / 1 ' FL `JN G 8003, 103 Y ` j NN II ,. ? a ✓ _ :, ✓ 3138 �y. p lu. G c - � 12 , -31 , 38 7, 131 , North Sebastian Gir<r `Nna Namgemen, D�m�cr prepares Conservation Area Addition Legend anal uses this T^forrifar av'potts and This orth NSebastian its o ,a. nnv III be Exhibit " App arab < f a, rpvp <s this _, . Conservation Area Addition Information iepi asJ: further aa�n,enmt�an orfthis - FNAIFloridaPublicLands auto <aobeobtmoedbycomacang: 0. 250. 125 0 0. 25 Miles 517cnns Rivc Water Narpni QSection/Township/Range sysP0Box429, C9RedSree r,a p.Oboe W29. a 321 Reid Sven Poll (38lat, Florida29- 321)8- N29 1 . 20000 Tel (386) 329-a1)b Auri tmxMue. Sane C M"m -DFCBC{ ,^M, Tare 2'IA'200B 10 J, _) AM Page 9 of 9 North Sebastian Conservation Area Addition Management Agreement Draft