Loading...
HomeMy WebLinkAbout1999-253C� This instrument prepared by: &uo J. Wild Florida Communities Trust oep,Artmeot of community Affairs 2565 abumazd Oak Blvd. Tallahassee, FL 32399-2100 | comTnAcT # FLORIDA cowMnmzTzEa TRUST PSA avmoo# 98'057-p8a GRANT AWARD AGREEMENT THIS AGREEMENT is entered into this day_zyon, �� by and between the FLORIDA commnmima TRUST ("rcr")' a ooucegulotpry agency within the State of Florida Department of Community Affairs, and the zNozam azvoR coomrY ("rCz Recipient"), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "u" attached hereto and made a part hereof ("Project Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 253' zsp, and snu, Florida Statutes. wooaoAo' cart rzz Chapter sno' Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within tbe Department of community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans and in otherwise conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; :y��ou�. acc�iqnu5o.zoz(z> <o>' �I���dit SI-aLuLttu, uruvideo for the distribution of ten percent (zow) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grants arid loans to local governments through the rcT/ wounEaG, the Governor and Cabinet authorized the sale arid issuance of State of Florida Department of Natural Resources Preservation 2000 Revenue Bonds ("Bonds"); nnA\98'057-p8a August 30' 1999 40 0 WHEREAS, the Bonds were 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; � ^ woDaoAa, Rule pu'«.ozn(o) (e)' r.x.c., authorizes rcT to impose � conditions for funding on those pCT applicants whose projects have been selected for funding in accordance with Rule chapter 9K-4, � F.A.C./ WHEREAS, the nCT has approved the terms under which the Project Site was acquired and the rcT Recipient has acquired title to the Project Site and the Project Site shall be aobjnoc to such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section y, Article ozz of the State Constitution and such covenants and restrictions shall contain clauses providing for the 000vcyoocc of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure of the rCT Recipient to use the Project Site acquired thereby for such purposes; and WaoaouS, such covenants and oaatciotivuo shall be imposed by an agreement which shall describe with particularity the zeal property which is subject to the agreement and shall be recorded in the county in which the real property is located; and waonoaa' the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project site subsequent to its acquisition with nor Preservation znon Bond Proceeds. NOW rummEroos, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable 000sideraxioo, the receipt and sufficiency of which is hereby acknowledged, Fcrand nCr Recipient do hereby contract and agree as follows: I. oomoauL oomozrzomo. z. Upon execution and delivery by the parties hereto, the Fcc Recipient shall cause this Agreement to be recorded and filed in the official public coonrda of Indian River County, Florida, and in such manner and in such other places as pcT may reasonably request, and shall pay all fees and charges incurred in connection therewith. GxA\98-057-paA August su' 1999 40 2. The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax exempt status of the Preservation 2000 Revenue Bonds is not jeopardized, FCT and FCT Recipient shall amend the Agreement accordingly, 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. 4. This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blve. Tallahassee, FI, 32399-2100 ATTN: Executive Director FCT Rprinipnt, Indian River County IB40 25tti Street ---- ern —Beach, _FL 312960 ATTN: County Administrator 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, thevalidir-y, legality and enforceability of the remaining provisions shall not, in any way be affected or impaired, -A\ 98-057 -PBA August 30, 1959 II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, FLORIDA STATUTES. 1. if any essential term or condition of this grant agreement is violated by the FCT Recipient or by some third party with the knowledge of the FCT Recipient and the FCT Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the internal Improvement Trust Fund. The FCT shall treat such property in accordance with Section 380.508(4)(e), Florida Statutes, 2. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. 3. The interest, if any, acquired by the FCT Recipient in the Project Site will not• serve as security for any debt of the FCT Recipient unless FCT approves the transaction. 9. If the existence of the FCT Recipient terminates for any reason, title to all interest in the Project Site it has acquired with the FCT award shall be conveyed to the Board of Trustees of. the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. S. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the FCT Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or rest-nra +-ha Prn-i—t- S to ;,n Such manner ...c is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the FCT Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder.. GAA\98-057-PBA August 30, 1999 M2 E 2 Notwithstanding any of the foregoing, FCT will have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. 111. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT RECIPIENT. 1. The Project site shall be managed only for the conservation, protaction and enhancement of natural and historical resources and for resource-based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT. 2. The FCT Recipient shall prepare and submit: to FCT an annual report as required by Rule 9K-4,013, F.A.C. 3. The FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the FCT Recipient's comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 4. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 5. The FCT Recipient shall, through its agents and employcc,�, -prevent thu e natlthlori7ed use of tile PLujt:�.;L Site or any use thereof not in conformity with the FCT approved project plan. 6. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. 17. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose, Further, tree rcmoval, other than non-native species, major land alterations shall require the written approval, of FCT. The GAA\98-057-PBA August 30, 1999 Li approvals required from FCT shall not be unreasonably with -held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. 8. If archaeological and historic sites are located on the Proiect Site, the FCT Recipient: shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites onthe Project Site will be prohibited unlese prior written authorization has been obtained from the Department of State, Division of Historical Resources. 9. The FCT Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a passive, natural resource-based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. The FCT Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds from FCT and FCT Recipient. IV. OBLIGATIONS INCURRED BY FCT RECIPIENT AS A RESULT OF BOND PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE. 1. If the Project Site is to remain subject, after its acquisition by the State and the FCT Recipient, to any of the below listed activities or interests, the FCT Recipient shall provide at least 60 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tai con- sequences of such activity or interest: 4 ..a. any 1c 0c of y interest in the i 5"7,Jeci, a.tte Lo a non-governmental person or organization; b. the operation of any concession on the Project Site to a non-governmental person or organization; C. any sales contract or option to buy things aLLached to the Project Site to be severed from the Project Site, with a non-governmental person or organization; GAA\98-057-PBA August 30, 1999 M H S d. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; e. a management contract of the Project Site with a non-governmental person or organization; and f, such. other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. 2. FCT Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be permitted on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non-governmental person or organization; b. the operation of a concession on the Project Site by a non-governmental person or organization; C. a sale of things attached to the Project Site to be severed from the Project Site to a non-governmental person or organization; d. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made, e. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; f. a management contract of the Project Site with a non-governmental person or organization; and 9, such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS To ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH 13Y THE CONTRACT.tNG PARTY. August 30, 1999 C V. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN 1. Outdoor recreational facilities including nature trails and a dock for non -motorized watercraft and fishing shall be provided. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the Project Site without causing harm to those resources. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust Preservation 2000 Program and the Recipient. Such recognition shall also be included in all printed literature and advertising associated with the Project Site. 3. Parking facilities on the Project Site shall be located and designed to have minimal impacts on natural resources. The parking area shall incorporate pervious material whenever feasible, 4. A survey of vegetative communities and plant species shall be conducted on the Project Site. The FCT Recipient shall detail how the survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural resources on the Project Site. 5. The coastal maritime hammock, mangrove and saltmarsh communities that occur on the Project Site, and adjacent seagrass beds, shall be preserved and appropriately managed to ensure the long-term viability of these vegetative communities. 6. The Project Site shall be managed in a manner that protects and enhances habitat for listed wildlife species that utilize or could potentially utilize the Project Site, including the manatee, wood stork, white ibis, roseate spoonbill and other wading birds. The FCT Recipient shall coordinate with the Came and Freshwater. Fish Commission and Department of Environmental Protection's Office of Protected Species Management on the management of the Project Site for the protection of listed species and listed species habitat. The FCT Recipient shall also conduct periodic surveys of listed species using the Project Site and develop informational signs relating to the protection of listed animal species and their habitat, GAA\98-057-PSA August 30, 1999 7. Adjacent development activities shall be monitored through the development 1 and approval process to ensure that such activities do not negatively *rzeot the ^=s""^c=" on the Project Site. x vegetative buffer shall be provided between the Project Site and the adjacentproperties to sufficiently protect listed animal species and their habitat from the adverse impacts of adjacent land uses. o. Management of the Project Site shall be coordinated with the Department of Environmental eznteotiuo'o Aquatic Preserve Plan and the St. Johns River Water Management District's swim Plan to protect and enhance water quality within the Indian River Lagoon. o. The water quality and ecological function of impounded wetlands at the Project Site shall be enhanced through improvements in water circulation, tidal replication, control of nuisance vegetation and elimination of pollution sources. An ongoing monitoring program abolI be conducted to study the results of adaptive management strategies used on the Project Site. Impoundment management shall be coordinated with other impoundments along the Indian River Lagoon. 10. An ongoing monitoring and control program for invasive exotic vegetation shall be implemented at the Project Site. The Exotic peat Plant Council's List of Florida's Most Invasive Species shall be used to identify invasive exotic vegetation oo the Project Site. zz. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving komxo archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. zz. pmuugcmeot of the Project Site shall be coordinated with the Indian River County Mosquito Control District and the land managers of other conservation and preservation lands in the project area. o. Pedestrian and bicycle access to the project Site shall be promoted as an alternative to automobile transportation by providing pedestrian walkways and/or bicycle parking stands. z*. The Project Site shall be incorporated into the County's / overall management program for the protection and enhancement of natural and recreational resources along the Indian River Lagoon opA\98'057-pan August so, zoBe � Greenway. 15. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. THIS GRANT AWARD AGREEMENT embodies the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: Witness —Name: IATRICIA M. iDGELY Witness Name: STATE OF FLORIDA COUNTY OF FLORIDA INDIAN RIVER COUNTY a political subdivision of the State of Florida s: Kenne h B. Macht, Board Chairman BCC Approved 10-05-99 Date; O C t D be r Accepted as to Legal Form and Sufficie t Terrence P. O'Brien Date:�?q—rte The foregoing instrument was acknowledged k-)efore ale this'5th day of October 1999, by Kenneth R MMacht_ _ as _Chairman of the Board of Cty. Comm issionersHe is peisonally known to me, or has produced � as idontification. Ak fA MYCpMMISWNJCC85N38EXPIRE$ My 15, 2003 N6WWADMIKI[kov FMIN'tMCE INC GAA\98-057-M August 30, 1999 Notary PutYli.0 Print Name: Kim,berly E. Massung Commission No. CC855436 My Commission Exp> i r> > .. 0u_I �._.i.. 2003 i EXHIBIT A LEGAL DESMPTION- (PARCEL A) THAT PORTION OF THE SOUTMEAST 1/4 Of TH£ SOUTHEAST 1/4 OF, 5£CTION 31. ,'OWN5MtP 33 SOUTH. RANGE 40 CA5T LYING £A5TERLY OF TME EASTERLY RIGHT-OF-WAY LINL OF U.S. HIGHWAY NO.1 AND THE EASTERLY RIGHT-OF-WAY Lff OF FLORIDA EAST CO -5T RAA.ROAD AND., SOUTHERLY OF THE PLAT OF VERO 5HORE5 - UNIT ONE A$ k£CORDED N PLAT BOOK 5, PACE 52 OF THE PU3UC RECORD5 OF INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH THAT PORTION OF SECTION 32. TONMSrr 33 SOUTH. RANCE 40 EAST. INCLAN RIVLR COUNTY. FLORDA. LYING 5WnrRLY OF TT1E CASTCTB.Y FROL.ONC-AT10N Oir THE SOUTH LN1£ OF LOT L CLOCK 15. SAW PLAT OF VERO snORCS - L,"T ON£. LES5 AND EXCEPT TMC FOLLOWING, CEC"ViC, AT THE SOUTHEAST CORNER OF LOT G, BLOCK 12 VERO SHORES - UNIT ONE AS RCCORDCD IN PLAT BOOK 5. PAGE 52 IN THE CLERK OF THE CRCUT COuRT'S OFF,CC OF INDIAN RIVCR COU'1TY. FLORIDA, THENCE FOLLOWING ALONG THE VARIOUS COURSC5 ON THC SOUTH 50C OF SAS PLAT 80LMARY SOUTH 84 15' 3G' ;CAST. FOR 635.00 FEET, THENCE 54UTH 00' 44' 24' WEST. POR 1.3.00 FELT, THENCE SOUTII 89 15' 34' CAST. FOR 43.79 FCCTi THCNCC SOUTH 44' 19' 23' CA5T. f OR 44.14 FEET, THENCE NORTH 45' 44' 24' CAST. FOR 30.00 FLET, TMENCC 4O�TM 89' 15' 36' FAST. FOR 37.58 FEET, THENCE; SOUTH 44' 15' NG' CAST. r'OR 30.00 fErT, TMENCC NORTH 45' 44' 13' CAST FOR 4414 FELT, THENCE 50tiTH 84' 15' 3G' CAST, FOR 247.58 FEET, THENCE 5OLMl 44' 15' 25' CAST. FOR 44.14 f£CT, THENCE NORTH 45' 44' 24' EAST. FOR 30.00 FELT, 1?i£NCE SOUTH 69' 15`34* CAST. FOR 37.58 FELT, THENCE SOUTH 44' 15' 3G' £AST. FOR 30.00 f CCT, Tnt:NCE NORTH 45' 44' 13' CAST. FOR 4414 FELT, THENCE SOUTH 89'15' 3G' -,5f. FOR 93.79 FEET TO THE SOUTHEAST CORKER OF LOT 1. BLOC.IC 15 OF Sd1D PLAT, nC14CE CONTINUE SOUTH 89' 15' 3G' EAST. FOR 425.00 FEET, THENCE SOUTH 0044' 24' wCST. FOR 630.00 FEET, THENCE NORTH 84` 15' 31�' WEST. FOR 1.780.00 FEET, 1r4NGC NORTH 00' 44' 24' CAST. FOR 645.00 FEET TO THE PLACE AND PONT OF I!C-'a. L[SCRv*nO,N, CPA RCEL 'B'3 TRACT ' B ' (CONSERVATION) 1CCORDNC TO THE PLAT THCRCOF AS RECORRDCD N PLAT BOOK 14PACL 71 OF 'all PUBUC RCCORD5 OF NDA1r RIVER CO. FLORIDA. 5AM LANDS LYING IN NDWri RIVER CO..FLORIDA. ab Indian River County Harmony Oaks FCT Project #98 -057 -PBA FCT Contract #00 -CT -8J -98 -8A -K1-057 Date: Page 2 County Amount Duo Share of Total Project. Costs $154,824,40 Less Total Prepaid Costs 308,_g42 -0 -Q Total A=unt Due To County `1S 54,017,SO County Additional Casts Record Grant Award Agreement $ 55.50(4) Total Additional Costa $ 55.50 Notes: (1) Maximum Approved Purchase Price is $360,000.00 pursuant to memorandum dated April 23, 1999, from Henry C. Entreken, Jr. to Anne Peery. The County acquired the property on May 28, 1998, at a price of $299,500.00. (2) Pursuant to the terms of the option agreement , the seller paid the costs of survey and title insurance. (3) Pursuant to the terms of the Conceptual Approval Agreement, the amount of the grant shall be t)le lesser of $155,550.00 or 50% of the total project costs. (4) Disbursed to Clerk of the Court, Indian River County, at: time of reimbursement from FCT. The foregoing calculation of grant award and total project costs is hereby approved by the undersigned. BOARD OF COUNTY COMMISSIONERS INDIAN VER COUNTY FLORIDA COMMUNITIES TRUST 41 By X-Ms:�- enneATi`ta1c t, C17airmansteven P4. Seibert, ~ Chair Date: OrYnnnr ria e: AWS Or'VE'0 (� err