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HomeMy WebLinkAbout1999-335f -35- FCT Contract Number 00 -CT -D8 -99 -9A -H 1-074 FLORIDA COMMUNITIES TRUST P9A Award Number 99-074-P9A WABASSO SCRUB ADDITION CONFIDENTIALITY AGREEMENT This is a Confidentiality Agreement (Agreement) pursuant to Rule 9K-6.010(5), Florida Administrative Code (F.A.C.). Parties to the Confidentiality Agreement: INDIAN RIVER COUNTY and CITY OF SEBASTIAN (Recipient), local governments within the State of Florida, and the Florida Communities Trust (FCT), a nonregulatory agency within the Department of Community Affairs. Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the project site in FCT application 99-074-P9A that was selected for funding and is governed by a Conceptual Approval Agreement for FCT project number 99-074-P9A (project site). Confidentiality: a) Pursuant to Rule 9K-6.002(17), F.A.C., the term "confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07(1), Florida Statutes (F.S.). b) The Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and counteroffers as required by Section 125.355(1)(a), F.S., for counties, or Section 166.045(1)(a), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C. The Recipient may disclose such confidential information only to the individuals listed herein below. C) Requests to add persons to the disclosure list must be made in writing and the Recipient must receive the written consent of the FCT Executive Director and execute an Addendum to the Agreement. All confidentiality requirements outlined above shall apply to individuals added to the list. d) The undersigned board members and staff of the Recipient and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and counteroffers concerning FCT project number 99-074-P9A as required by Section 125.355 (1)(a), F.S., for P-2000 Confidentiality Agree ment/99-074-f'9A • counties, or Section 166.045 (1)(A), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C., and by this Confidentiality Agreement between the Recipient and FCT. e) The undersigned certify that they have no legal or beneficial interest in the project site. Date Recipient Board Member, Signature �t-}I4tzt.Es T. 1thi:�EE �L y I 1. - r MSF -'FK A . DAIRD 1 INDIAN RIVF,�R COUNTY J By: Name: k4wa&WW IZ, tAOVVT Its: CGut!!�f Mkiss10a1 C1tRIRMAN Date: December 21, 1999 Approved as to Form and Legality: By:� - Print Name: It-KAGHM P• C'BR160 P-2000 Confidentiality Agreement/99-074-139A FLORIDA COMMUNITIES TRUST By: Ralph Cantral, Acting Executive Director Date: Approved as to Form and Legality: By: -- Ann J. Wild, Trust Counsel 40 CITY OF SEBASTIAN By: Print Name: Its: Date: Approved as to Form and Legality: RV. Print Name: P-2000 Confidentiality Agreement/99-074-P9A 40 FCT Contract Number 00 -CT -D8 -99 -9A -A 1-074 FLORIDA COMMUNITIES TRUST P9A Award Number 99-074-P9A WABASSO SCRUB ADDITION CONCEPTUAL APPROVAL AGREEMENT THIS AGREEMENT is entered into on '_'the date the last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and INDIAN RIVER COUNTY and CITY OF SEBASTIAN (Recipient), a local government of the State of Florida. 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 259.101, 375.045, and Chapter 380, Part III, Florida Statutes (F.S.). WHEREAS, Chapter 380, Part III, 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 to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.101(3)(c) of the Florida Preservation 2000 Act provides for the distribution of ten percent (10%) less certain reductions of the net Preservation 2000 Revenue Bond proceeds to the Department to provide land acquisition grants and loans to local governments through the FCT; WHEREAS, the Governor and Cabinet have annually authorized the sale and issuance of State of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds (Bonds); and Bonds have been annually sold, thereby producing revenues for distribution according to Section 259.101(3)(c), F.S.; 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; Contingent/Joint Acquisition/99-074-P9A 11/30/1999 FINAL 1 do WHEREAS, Rule Chapter 9K-4, 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 Preservation 2000 Trust Fund; WHEREAS, the FCT Governing Body met on September 23, 1999, to score, rank and select projects that were to receive conceptual approval for funding; WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding contingent upon additional funds becoming available and in accordance with Rule Chapter 9K-4, F.A.C., and more particularly described within this Agreement; WHEREAS, Rule 9K -4.010(2)(f), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions of conceptual approval that must be satisfied by Recipient prior to the disbursement of any FCT Preservation 2000 funds awarded, as well as the restrictions that are imposed on the project site subsequent to its acquisition with the FCT Preservation 2000 Series Bond proceeds. NOW THEREFORE, FCT and Recipient mutually agree as follows: GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100 as soon as possible and before January 14, 2000. If the Recipient requires more than one original document, the Recipient should photocopy the number of additional copies needed, and then execute each as an original document. Upon receipt of the signed Agreements by FCT, FCT will execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The name Conceptual Approval Agreement is used to indicate that the project has been approved as a concept that was described in FCT application number 99-074-P9A. Since the entire project site has not yet been negotiated for acquisition, some elements of the project are not yet known, such as the purchase price, other project costs, and the tetras upon which an owner will voluntarily convey the property. The Conceptual Approval Agreement is in every respect a grant contract between the parties. The Agreement describes activities that will be conducted both prior and subsequent to acquisition of the project site, described in the application that was submitted and selected for funding by the FCT. 3. Conceptual approval for funding shall be contingent upon the availability of additional funds. If the funds become available, this contingency clause shall be removed by an addendum to this Agreement. Conceptual approval for funding shall be until, August 30, 2000. In Contingent/joint Acquisition/99-074-P9A 11/30/1999 FINAL 40 the event the project has not been completed in full by August 30, 2000, the Conceptual Approval Agreement must be extended in order that the grant will remain in effect. In advance of the August 30, 2000, date and in sufficient time before a meeting of the FCT Governing Body that would allow approval of an extension to this Agreement before its expiration, the Recipient must request a written extension to the Conceptual Approval Agreement for project continuation in compliance with Rule 9K4.010(2)0), F.A.C. If the Recipient does not request an extension, or if an extension is not granted to the Recipient by the FCT Governing Body, the Preservation 2000 award granted to the Recipient by the Governing Body shall terminate and all obligations hereunder shall cease. Based upon the Florida Legislature's ongoing oversight of the rate of expenditure of funds, and the impact on future funding if expenditures do not timely occur, the FCT requires that the project be completed as soon as possible after project selection. ++ 4. Extensions to this Agreement, described in paragraph 3 above, shall not exceed 24 I months from the date the Agreement was approved by the FCT, except as described in this paragraph. In compliance with Section 380.510(f), F.S., if the project is not concluded by November 30, 2001 the project shall only be extended if the FCT Governing Body determines that a request for additional time to complete the project is warranted based upon Recipient's demonstration that significant progress is being made toward closing the project or that + extenuating circumstances warrant an extension of time. 5. This Agreement may be terminated before its expiration at the written request of the Recipient. Such a request shall fully describe the circumstances that compel the Recipient to terminate the project. A request for termination should be mailed to the offices of the FCT at the address given in paragraph 1 above. The request for termination will be placed on the agenda of the next regularly scheduled meeting of the FCT Governing Body for concurrence by the FCT. The termination shall be acknowledged by the FCT in a letter to the Recipient. Circumstances may arise that, in the analysis of the FCT, warrant termination of the project before its completion. In such an event, the FCT will advise the Recipient of its analysis and will confer with the Recipient on continuation of the project. If the Recipient concurs, a request for termination will be considered at the next regularly scheduled meeting of the FCT Governing Body. 6. Recipient agrees to make diligent efforts to submit the documentation to FCT that is required in this Agreement as soon as is reasonably possible so that the project site may be acquired in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines, whether stated in this Agreement or associated with meetings of the FCT Governing Body, may result in delays in the project, may result in allocation of time or resources to other Contingent/Joint Acquisition/99-074-PM 11/30/1999 FINAL 71 0 recipients that responded timely, and may result in this Agreement being voidable. It is the responsibility of the Recipient to know all project deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. 7. The FCT Preservation 2000 award granted to the Recipient will in no event exceed the lesser of Fifty Percent (50.00%) of the final total project costs, as defined in Rule 9K-4.002(30), F.A.C., or Thirty -Four Thousand Dollars And No Cents( $34,000.00), unless the FCT Governing Body approves a different amount, which shall be reflected in an addendum to this Agreement. 8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate of total project costs in application number 99-074-P9A, as well as limits on awards in the Notice of Application period announcing the application cycle. When disbursing funds for the project, the FCT will recognize the actual total project costs, defined in Rule 9K-4.002(30), F.A.C., for acquisition of the project site. The total project costs will be reflected on a grant reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the actual purchase price, or the Maximum Approved Purchase Price based on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is less, and multiplied by the percent stated in paragraph 7 above. 9. The FCT Governing Body has given conceptual approval for funding to acquire the entire project site identified in the Recipient's application number 99-074-P9A. The FCT Governing Body reserves the right to withdraw the FCT award if the acreage that comprises the project site is reduced so that the objectives of the acquisition cannot be achieved. Request for modification of the boundary of the project site identified in the Recipient's application number 99-074-P9A may be considered by the FCT Governing Body following the procedures for submission and review of boundary modification requests set forth in Rule 9K-4.0105, F.A.C. If the project site is comprised of multiple parcels, an acquisition plan was required in the application. The FCT Governing Body reserves the right to withdraw the FCT award if the priority parcel(s), identified in the acquisition plan prepared pursuant to Rule 9K -4.004(5)(g), F.A.C., included in application number 99-074-P9A incorporated by reference herein and attached as Exhibit "A," cannot be acquired. Approval of the Conceptual Approval Agreement shall constitute approval of the acquisition plan by FCT. 10. The FCT funds shall be delivered either in the form of eligible project costs prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the project site, payable to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State of Florida. If the project site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT award that corresponds to the parcel being closed. FCT will prepare a grant reconciliation statement prior to the closing of the project site parcel that will Contingent/Joint Acquisition/99-074-P9A 11/30/1999 FINAL 4 40 evidence the amount of local match, if any is required., provided by the Recipient and the portion of the FCT award that corresponds to the parcel being closed. Cash expended by the FCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 11. The Recipient's local match, if any is required, shall be delivered either in the form of eligible project costs prepaid to vendors by the Recipient; cash; or eligible documented donation by Seller of land value; or Recipient's warrant at the closing of the project site. If the project site is comprised of multiple parcels, the Recipient shall deliver at the closing of each parcel the share of the local match, if any is required, that corresponds to the panel being closed. The cash expended by the Recipient for eligible project costs incurred by the Recipient conducting acquisition activities will be recognized as pan of the local match, if any is required, on the grant reconciliation statement prepared pursuant to paragraph 10 above. In the event Recipient's application number 99-074-P9A represents that land value is the source of local match, if any is required, the value attributed to the land local match, if any is required, shall be determined after an appraisal report that complies with the procedures and requirements set forth in Rule 9K-6.007, F.A.C. Such appraisal report shall be subject to review and approval by FCT prior to FCT funds being delivered for the project. 12. The FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series P9A Funding Cycle on June 11, 1999, at which time the project site became pan of a list of lands that were approved for consideration for land acquisition. If action initiated by the Recipient that is the local government having jurisdiction over the project site, subsequent to June 11, 1999, results in a governmentally -derived higher value due to an enhanced highest and best use, the FCT acquisition activities will be terminated unless the Seller agrees that the appraisal will be done at the highest and best use of the project site on or before June H, , 1999. 13. Recipient hereby notifies the FCT that the following local governmmt employee or official is the authorized key contact, or project manager, on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: ROLAND M. DEBLOIS, AICP 'fie. CHIEF, ENVIRONMENTAL PLANNING /Address: INDIAN RIVER CO., 1840 25TH STREET, VERO BEACH, FL 32960 Phone: 561/567-8000 X. 1258 Fax: 561/978-1806 The Recipient must notify the FCT as to any change in the authorization of the key contact on behalf of the Recipient named above. This notification must be made in writing to'the Contingent/Joint Acquisition/99-074-P9A 11/30/1999 FINAL 5 do • Executive Director and signed by the appropriate local government employee, official or authorized representative named in paragraph 11.5.d. below. 14. This Agreement may be amended at any time prior to FCT giving project plan approval to the Recipient. Any amendment must be set forth in a written instrument and agreed to by both the Recipient and FCI'. Such amendments shall become a part of this Agreement. II. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION OF PROJECT SITE NEGOTIATION 1. The Recipient hereby notifies the FCT that RECIPIENT AGENT [Note: Elect either FCT, Recipient or Recipient Agent] will be the party responsible for all negotiation and acquisition activities. 2. The Recipient hereby notifies the FCT that the Federal Employer's Identification Numbers are: INDIAN RIVER COUNTY 59-6000674 CITY OF SEBASTIAN 3. No later than January 14, 2000, the Recipient must deliver to FCT a written statement from the project site property owner(s) evidencing that the owner(s) is willing to entertain an offer from the Recipient and FCT. 4. No later than January 14, 2000, the Recipient shall execute a Confidentiality Agreement pursuant to Rule 9K-6.010(5), F.A.C. A sample of a Confidentiality Agreement is attached as Exhibit "B"; an Agreement specific to this project will be prepared by FCT for execution by the Recipient. This Confidentiality Agreement is not a part of this Agreement and may be amended without amending this Agreement, if needed 5. By execution of this Agreement, the Recipient affirms that: a. the Recipient is ready, willing and able to provide the local match, if any is required; b. the Recipient reaffirms the representations made in FCT application number 99-074-P9A, C. the Recipient shall, on the anniversary date of the approval of the project plan by the FCT Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C.; Contingent/Joint Acquisition/99-074-PPA 11/30/1999 FINAL. 6 40 0 • d. the Recipient authorizes the locel government employee, oflklal or authorized representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, Including but not limited to the Conceptual Approval Agreement or any addenda thereto, purchase agreement for the property, grant reconciliation statement, closing documents, statements submitted as a part of the project plan, and Grant Award Agreement pursuant to Rule 9K-6.014(6), F.A.C.: ii:t�i�Ti: ► �T a i� -. Name: JAMES E. CHANDLER Title: COUNTY ADMINISTRATOR Address: INDIAN RIVER COUNTY, 1840 25TH STREET VERO BEACH, FL 32960 Phone: Fax: 561/567-8000, X. 1408 561/770-5095 _ CITY OF SEBASTIAN: Name: Title: Address: ' Fax: The Recipient must notify the FCT as to any change in the authorization of the local government employee, official or representative named in this paragraph to execute all documents on behalf of the Recipient. This notification must be made in writing to the Executive Director and signed by the appropriate local government employee, official or authorized representative. M. PROJECT PLAN APPROVAL 1. Prior to closing of the real estate transaction and final disbursement of award funds by FCT, the Recipient must prepare a project plan that complies with Rule 9K-4.011, F.A.C. This project plan is a compilation of the following items listed below, which must be Contingent/Joint Acquisftion/99-074-PM 11/3011999 FINAL 7 40 0 reviewed and approved by FCT in a meeting of the FCT Governing Body. In the event that the Recipient is a partnership, the Recipient must also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the project site as a part of its project plan. The project plan shall include, and shall not be considered by FCT unless it includes all of the following documents, to be reviewed and approved by FCT to ensure that the interest of the State of Florida will be protected: a. A purchase agreement for acquisition of the project site, in a form approved by the FCT staff prior to being executed by the Seller, such agreement fully executed by both the Seller and the Recipient, that is based on an appraisal or appraisals prepared consistent with the requirements of Rule Chapter 9K-6, F.A.C., and otherwise consistent with the provisions of that rule chapter and in a form and with terms that are acceptable to FCT. (See paragraph I of Section IV below.) b. A management plan that complies with the following: written according to Exhibit "C" (FCT Technical Assistance Bulletin number 2—Writing a Management Plan), which is attached hereto and incorporated herein by reference; acceptable to FCT; addresses the criteria and conditions set forth in Section IV, V, VI, VII and VIII hereinbelow; and, at a minimum, sets forth how the site will be managed to further the purpose of the project, contains a description of all planned improvements to the project site, identifies the costs of management and site improvement and funding sources, and identifies the management entity and its funding source. If the Recipient is not the proposed managing entity, the project plan must also include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. C. A statement of the total project cost, including all non-recurring costs of project development. d. A statement of the amount of the award being requested from the FCT. e. A statement from each local government in whose jurisdiction the project site is located that the project plan is consistent with the local comprehensive plan. L Evidence that the conditions imposed as part of the Conceptual Approval Agreement have been satisfied. g. An affidavit from the Recipient evidencing that after conducting a diligent search, the Recipient, to the best of its knowledge, represents that there are no existing or Contingent/Joint Acquisition/99-074-P9A 11/30/1999 FINAL_ 8 40 pending violations of any local, state, regional and federal laws and regulations on the project site. 2. The FCT strongly encourages the Recipient to request a courtesy review of its entire project plan, but especially its management plan, well in advance of the meeting of the FCT Governing Body where the project plan will be considered for approval and funds will be authorized for disbursement. As a part of its duties to the FCT Governing Body, FCT staff will make a recommendation of approval of complete and accurate project plans or disapproval of incomplete or insufficient project plans. Recipient is strongly urged to coordinate with the FCT staff in order that the FCT review of the management plan coincides with both the anticipated FCT Governing Body approval and the closing date of the real estate transaction(s) associated with the project. 3. Pursuant to 9K -4.011(2)(f), F.A.C., FCT shall withhold project plan approval if the local comprehensive plan(s) of the Recipient or the Recipient's partner is, for any reason, found not in compliance by the Department after conceptual approval has been granted by FCT, unless the Recipient has executed a Compliance Agreement (formerly called a stipulated settlement agreement) with the Department to resolve all of the issues raised by the Department in a statement of intent to find a plan not in compliance issued pursuant to Section 163.3184(8), F.S. 4. Pursuant to Rule 9K-4.011(3), F.A.C., the FCT shall publish a Notice of Approval for Preservation 2000 funds in the Florida Administrative Weekly that shall list each project plan that has received approval for funding and the amount of funding approved. Any person with a substantial interest that is or may be determined by the decision of the FCT to reject or approve the project plan may request an administrative proceeding pursuant to Section 120.57, F.S., within 21 days.from publication of the Notice of Approval for Preservation 2000 funds. Real estate closings associated with the project may close only after expiration of the 21 -day notice period, so long as no requests for an administrative proceeding have been filed. IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, F.S. RECIPIENT AGREES AS FOLLOWS: 1. FCT shall approve the terms under which the interest in land is acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT governing body approves and executes the purchase agreement for acquisition of the project site, further described in Section M.I.a. above, to which FCT is a party. 2. Title to the project site shall be titled in the Recipient, unless the Recipient specifically requests that title shall permanently vest in the Board of Trustees of the Internal Improvement Trust Fund (Trustees). Such request shall be subject to the approval of FCT and the Contingent/Joint Acquisition/99-074-P9A 11/30/1999 FINAL Trustees. The Recippient hereby elects that title to the project site shag be vested in INDIRN RIVER COUNTY [Note: Insert either the name of Recipient or Board of Trustees of Internal improvement Trust Fund] If the Recipient elects that title shall vest in the Trustees, then all acquisition activities shall be administered by the Division of State Lands as specified in Section 253.025, F.S., and Rule 18-1, F.A.C. 3. The transfer of title to the Recipient for the project site shall not occur until the requirements for the acquisition of lairds, as specified in Section 380.507(l 1). F.S., and Rule Chapter 9K-6, F.A.C., have been fully complied with by the Recipient and FCT. 4. Any deed whereby the Recipient acquires title to the project site shall contain or be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the project site at all times complies with Section 375.045 and 375.051, F.S.; Section 9, Article XII of the State Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the project site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the project site conveyed thereby for such purposes. Such covenants and restrictions as are described in this paragraph shall be in the form of a Grant Award Agreement, prepared by FCT, executed by the parties to the Conceptual Approval Agreement and recorded at the time of closing of the project site. The recordable Grant Award Agreement shall restate the conditions that were placed on the project site at the time of project selection and initial grant approval. All statements contained in the recordable Grant Award Agreement are contained in this Conceptual Approval Agreement, with the exception of statements that do not survive the real estate closing of the project site. 5. 1The Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 4 above and describing the real property subject to the Agreement shall be executed by the FCT and Recipient at the time of the conveyance of the project site and shall be recorded in the county in which the project site is located. 6. If any essential term or condition of the Grant Award Agreement is violated, and the Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the project site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The dead transferring title to the project site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 7. The interest acquired by the Recipient in the project site shall not serve as security for any debt of the Recipient. 8. If the existence of the Recipient terminates for any reason, title to all interest in real property it has acquired with the PCT award shall be conveyed or revert to the Board of Contingent/Joint Acquishion/99-074-P9A 11/3011999 FINAL 10 40 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. 9. The project site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation that 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 must be specifically designated in the management plan approved by the FCT as a part of the project plan. V. OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the acquisition of the project site, the 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 Recipient's comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the project site's acquisition. 2. 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 applicable adopted and approved comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 3. The Recipient shall, through its agents and employees, prevent the unauthorized use of the project site or any use thereof not in conformity with the management plan approved by the FCT as a part of the project plan. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the project site and the operations of the Recipient at the project site. 5. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld 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 Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. Contingent/Joint Acquisition/99-074-P9A 11/30/1999 FINAL 11 • • VI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS I. FCT is authorized by Sections 375.045(4) and 380.510(7)(a) and (b), F.S., to impose conditions for funding on Recipient in order to ensure that the project complies with the requirements for the use of Preservation 2000 Bond proceeds including without limitation the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. If the project site is to remain subject, after its acquisition by the Recipient and/or the Trustees, to any of the below listed transactions, events, and circumstances, the Recipient shall provide at least 60 days advance written notice of any such transactions, events, and circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest. Recipient agrees and acknowledges that the following transactions, events, and circumstances may be disallowed on the project site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that the following transactions, events, and circumstances may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: organization; a. any sale or lease of any interest in the project site to any person or b. the operation of any concession on the project site by any person or organization; C. any sales contract or option to buy things attached to the project site to be severed from the project site, with any person or organization; d. any use of the project site by any person other than in such person's capacity as a member of the general public; e. 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; f. a management contract of the project site with any person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. The foregoing are collectively referred to as the "disallowable activities." Contingent/Joint Acquisition/99-074-P9A 11/30/1999 FINAL 12 40 VII. DISALLOWABLE ACTIVITIES/REMEDIES In the event that FCT determines at any time or from time to time that the Recipient is engaging or allowing others to engage in disallowable activities on the project site, the Recipient agrees to immediately cease or cause the cessation of the disallowable activity upon receipt of written notice from the FCT. To the extent allowed by law, Recipient hereby indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any nature whatsoever arising from or with respect to disallowable activities on the project site. Nothing herein shall be deemed a waiver of the Recipient's sovereign immunity. In addition to all other rights and remedies at law or in equity, FCT shall have the right to temporary and permanent injunctions against Recipient for any disallowable activity on the project site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE 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 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 BY THE CONTRACTING PARTY. VIII. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN The management plan for the project site is mentioned throughout this Agreement, and is particularly described in Paragraph l.b. of Section III above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the management plan shall address the following conditions that are particular to the project site and result from either representations made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K -4.010(2)(f), F.A.C.: 1. Outdoor recreational facilities including a nature trail shall be provided. This facility 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. Such recognition shall also be included in all printed literature and advertising associated with the project site. Contingent/Joint Acquisition/99-074-P9A 11/30/1999 FINAL 13 40 3. Regularly scheduled and ongoing educational programs that promote the protection of natural resources shall be provided at the project site. 4. The timing and extent of a survey of vegetative communities and plant species on the project site shall be specified in the management plan. The survey is intended to ensure the protection of vegetative communities on the project site. 5. The xeric oak scrub and sand pine scrub communities that occur on the project site shall be preserved and appropriately managed to ensure the long-term viability of these 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 scrub jay and gopher tortoise. Management of the project site shall be coordinated with the Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service for the protection of listed species and listed species habitat. Periodic surveys of listed species using the project site shall be conducted to ensure the protection of listed animal species and their habitat. 7. A vegetative buffer shall be provided between the project site and adjacent properties to sufficiently protect listed animal species and their habitat from the adverse impacts of adjacent land uses. 8. Establish an ongoing monitoring and control program for invasive vegetation including exotic (non-native), ornamental and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 9. A vegetative analysis of the project site shall be performed to determine which areas of the site require mechanical clearing or a prescribed burning regime to maintain natural fire -dependent vegetative communities. Coordination with the Division of Forestry and the Florida Fish and Wildlife Conservation Commission on the development of a prescribed bum plan for the project site is required. 10. 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 known 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. 11. The project site shall be managed as an addition to the adjacent, previously funded FCT Wabasso Scrub Conservation Area project. Contingent/Joint AcqUisition/99-014-P9A 11/30/1999 FINAL. 14 40 0 12. Management of the project site shall be coordinated with other agencies managing scrub preserves and conservation lands along the Atlantic Coastal Ridge to ensure the project site is protected and managed as a part of linked conservation lands and recreation opportunities. 13. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. This Agreement including Exhibits "A", if required, "B" and "C" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. INDIAN RIVER COUNTY FLORIDA COMMUNITIES TRUST By:, Prr Name: k,6000A R. MACt�T Its: W04 cgm)i.srvN eV+AIAKAN Date December 21, 1999 Approved as to Form and Legality: By: Print Name: 11EF9p ice p. VIWIEN Contingent/Joint Acquisition/99-074-P9A 11/30/1999 FINAL 15 RV - Steven M. Seibert, Chair Approved as to Form and Legality: 0 Ann J. Wild, Trust Counsel 40 CITY OF SEBAS'rIAN By: Print Name: Its: ---_--- Date: Approved as to Form and Legality: By: Print Name: Contingent/Joint Acquisition/99-074-P9A 11/30/1999 FINAL- 16 40 SAMPLE ONLY — DO NOT SIGN FCT Contract Number Exhibit B FLORIDA COMMUNITIES TRUST P9A Award Numbr [PROJECT NUMBER] [PROJECT NAME] CONFIDENTIALITY AGREEMENT This is a Confidentiality Agreement (Agreement) pursuant to Rule 9K-6.010(5), Florida Administrative Code (F.A.C.). Parties to the Confidentiality Agreement: (Recipient), a of the State of Florida, and the Florida Communities Trust (FCT), a nonregulatory agency within the Department of Community Affairs. Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the project site in FCT application that was selected for funding and is governed by a Conceptual Approval Agreement for FCT project number (project site). Confidentiality: a) Pursuant to Rule 9K-6.002(17), F.A.C., the term `confidential' refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07(1), Florida Statutes (F.S.). b) The Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and counteroffers as required by Section 125.3550)(a), F.S., for counties, or Section 166.045(1)(a), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C. The Recipient may disclose such confidential information only to the individuals listed herein below. C) Requests to add persons to the disclosure list must be made in writing and the Recipient must receive the written consent of the FCT Executive Director and execute an Addendum to the Agreement. All confidentiality requirements outlined above shall apply to individuals added to the list. d) The undersigned board members and staff of the Recipient and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and counteroffers concerning FCT project number , as required by Section 125.355 (1)(a), F.S., El • for counties, or Section 166.045 (1)(A), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C., and by this Confidentiality Agreement between the Recipient and FCT. e) The undersigned certify that they have no legal or beneficial interest in the project site. Date Recipient Board Member, Signature Staff or Agent Name RECIPIENT By: Print Name: Its: Date: Approved as to Form and Legality: By: Print Name: FLORIDA COMMUNITIES TRUST By: Ralph Cantral, Acting Executive Director Date: Approved as to Form and Legality: By: Trust Counsel Exhibit C WRITING A MANAGEMENT PLAN FLORIDA COMMUNITIES TRUST Preservation 2000 Program Technical Assistance Bulletin: 02 — Revised 10/99 This bulletin provides guidance for preparing the management plan required in Rule 9K-4.011 (1)(b), Florida Administrative Code, and Section III b. of the Conceptual Approval Agreement (CAA). Rule 9K-4.01l(1)(b) states that a management plan must set forth the following: 1) how the site will be managed to further the purpose of the project; 2) a description of planned improvements to the Project Site; 3) the costs and funding sources; and 4) the management entity and its funding source. The CAA contains conditions related to management under various sections of the agreement. All of the conditions in Section VIII are site specific and relate directly to management and must be incorporated into the Management Plan. Review the entire CAA for requirements contained in the CAA that have relevance to site management. The conceptual management plan that was submitted as part of the Florida Communities Trust (FCT) grant application provides a foundation for writing the management plan. Other materials and information gathered for the application can and should be reflected in the plan where appropriate. Commitments made in the application and reinforced by conditions of the grant funding must be reflected in the management plan. Use the best available information about the site's natural features and proposed future uses. Like all future -oriented planning efforts, the level of detail of the management plan may be impacted by diffi- culties associated with obtaining sufficient information on which to base management decisions. If sufficient information is not available, the management plan should identify how and when necessary information will be obtained. FORMAT Follow the recommended outline described below in formatting the management plan. Include a title page that contains the project name, FCT project number and date of preparation of the management plan. Include a table of contents and numbered pages. Label and properly reference all exhibits, attachments and appendices in the plan. INTRODUCTION Provides a good summary of the project and management objectives to a first-time reader. Provide the project name and location of the project site. Discuss any historical information relevant to site management. Provide a brief summary of the contents of the management plan. Provide a statement acknowledging that grant funding from FCT was used to acquire the Project Site and the management plan was developed to ensure that the Project Site will be developed in accordance with the Grant Award Agreement and in furtherance of the purpose of the ¢rant application. 40 Exhibit A WRITING A MANAGEMENT PLAN FLORIDA COMMUNITIES TRUST Preservation 2000 Program Technical Assistance Bulletin: 02 — Revised 10/99 This bulletin provides guidance for preparing the management plan required in Rule 9K-4.011 (1)(b), Florida Administrative Code, and Section III b. of the Conceptual Approval Agreement (CAA). Rule 9K-4.01 l(1)(b) states that a management plan must set forth the following: 1) how the site will be managed to further the purpose of the project; 2) a description of planned improvements to the Project Site; 3) the costs and funding sources; and 4) the management entity and its funding source. The CAA contains conditions related to management under various sections of the agreement. All of the conditions in Section VIII are site specific and relate directly to management and must be incorporated into the Management Plan. Review the entire CAA for requirements contained in the CAA that have relevance to site management. The conceptual management plan that was submitted as part of the Florida Communities Trust (FCT) grant application provides a foundation for writing the management plan. Other materials and information gathered for the application can and should be reflected in the plan where appropriate. Commitments made in the application and reinforced by conditions of the grant funding must be reflected in the management plan. Use the best available information about the site's natural features and proposed future uses. Like all future -oriented planning efforts, the level of detail of the management plan may be impacted by diffi- culties associated with obtaining sufficient information on which to base management decisions. If sufficient information is not available, the management plan should identify how and when necessary information will be obtained. Follow the recommended outline described below in formatting the management plan. Include a title page that contains the project name, FCT project number and date of preparation of the management plan. Include a table of contents and numbered pages. Label and properly reference all exhibits, attachments and appendices in the plan. INTRODUCTION Provides a good summary of the project and management objectives to a first-time reader. Provide the project name and location of the project site. Discuss any historical information relevant to site management. Provide a brief summary of the contents of the management plan. Provide a statement acknowledging that grant funding from FCT was used to acquire the Project Site and the management plan was developed to ensure that the Project Site will be developed in accordance with the Grant Award Agreement and in furtherance of the purpose of the grant application. • II. PURPOSE OF THE PROJECT Discuss the purpose(s) for acquiring the project site and proposed future uses consistent with statements made in the application or proposal. Include a provision that the project site will be managed only for conservation, protection and enhancement of natural resources and for public outdoor recreation that is compatible with the conservation, protection and enhancement of the project site. Include a prioritized list of key management objectives for the site. Summarize the key comprehensive plan directives that will be furthered by acquisition and management of the site, as proposed in the original FCT application. Provide a numeric citation for each comprehensive plan directive cited. Include a provision to amend the land use designation of the site to conservation, outdoor recreation, open space, or other similar category within one year after acquisition. Include commitment to amend the zoning map to be consistent with the amended future land use r, designation for the project site. Include a provision that ensures that the Project Site is identified in all literature and advertising as being publicly owned and operated as a natural conservation area, outdoor recreation area or other appropriate descriptive language and that the project site was acquired with funds from the Florida Communities Trust Preservation 2000 Program. Ill. SITE DEVELOPMENT Physical Improvements: List and describe all existing and proposed site improvements. Include a commitment that 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, the Recipient, if the Recipient provided a match, and other contributors, if any. The sign shall be at least 2'x Yin size and, in addition to the language shown below, include the FCT logo. The following language is recommended: "Funding for the acquisition of this site was provided by The Florida Communities Trust's Preservation 2000 Program and the Recipient" if the Recipient provided a match. The next printed line shall identify the month and year the project site was acquired. Such recognition shall also be included in all printed literature and advertising associated with the project site. Consider providing bike paths to the site and bike racks at the site to provide an alternative to automobile transportation to the project site. Provide a time frame for implementing and completing all proposed improvements. Include a commitment that access to project sites will be compatible with all applicable state and federal construction standards, including the Americans with Disabilities Act. 40 • Describe proposed alterations of natural and disturbed areas at the site that would be required for each of the proposed improvements. Provide an estimate on the total extent of this work in quantifiable terms (square feet or acres). Briefly summarize how proposed alterations of land or vegetation at the project site will be coordinated with the protection of listed plant and animal species with more specific details to be provided imder the Natural Resource Protection section. Master Site Plan: The master site plan is a conceptual plan showing all existing and proposed physical improvements and activity areas. The master site plan provides a visual depiction of the overall development plan for the site. Incorporate a provision for requesting written approval from the FCT before undertaking any site alterations or physical improvements that are not addressed in the FCT-approved management plan and shown on the master site plan. Permits: Identify all required permits or approvals for the proposed development or restoration work on the site. Include a statement that FCT will be notified that all required licenses and permits have been obtained prior to the initiation of any construction on the site. Easements, concessions, or leases: Identify existing and proposed easements, concessions, or leases. If easements, concessions, or leases are anticipated to be granted on the project site, such proposed arrangements need to be identified in the management plan. Easements, concessions or leases may be restricted under the Internal Revenue Code. Include a statement of caution in the management plan to future site managers regarding easements, concessions or leases. Include a provision that the Recipient will provide 60 days prior written notice and information to FCT regarding any sale or lease of any interest, the operation of any concession, any sale or option to buy things attached to the site, the granting of any management contracts, and any use by any person other than in such person's capacity as a member of the general public. IV. KEY MANAGEMENT ACTIVITIES Natural resource protection: Identify the natural resources at the project site, including the type of vegetative communities on the site, and significant natural resources, i.e., waterbodies or other public lands, adjacent to the site. Describe the general quality, size, and composition of any vegetative communities located on the site. Describe the general water quality of any on-site or adjacent waterbodies. Identify and discuss any degraded areas on the project site, such as fire dependent communities that have not been burned recently or areas that have been cleared, invaded by exotic pest plants, ditched and drained, filled, etc. Identify management techniques to protect and enhance the resources on the project site. Management techniques such as the following may be applicable to the project site: baseline survey of plant and animal species; protection plan for listed plant and animal species; s • protection and enhancement plan for native vegetative communities; protection plan for surface water and groundwater quality; provisions to periodically monitor the site to insure the continued viability of vegetative communities, plant species and animal species found on the site and to control invasive exotic vegetation; procedure for forwarding survey information on the occun•ence of listed plant and animal species to the Florida Natural Areas Inventory; specific details on how proposed alterations and development activities on the project site will be coordinated with the protection of vegetative communities and listed plant and animal species; coordinating the drafting of a prescribed Burn Plan with the Division of Forestry and developing an outreach program to inform residents of the area of the benefits of prescribed burns. Provide time frames for initiating and completing the various surveys and protection and enhancement plans a month and year format. Resource restoration and enhancement: Identify the primary components of the project site enhancement and restoration effort, if any. Discuss the restoration and enhancement techniques to be used on the project site. Locate on the Master Site Plan or another map all areas of the site to be restored or enhanced and the approximate acreage figure for each area. Provide a detailed discussion on the restoration of the various wetland and upland communities in terms of biological composition and ecological function, if appropriate. Discuss the removal of invasive exotic vegetation on the site, if appropriate. Include a program to monitor the site to prevent reinfestation by exotic vegetation. Discuss actions needed to restore the natural hydrology of the project site or mitigate the impacts of stormwater runoff from the site, if appropriate. Include a provision to control feral animals (hogs, dogs, cats, etc.) on the site, if appropriate. Include monitoring programs to insure success of the resource and enhancement activities. Provide a time frame for initiating and completing the various restoration and enhancement activities in a month and year format. Archaeological and historical resource protection: Identify any archaeological or historical sites on the project site and the primary components of managing the archeological or historical sites, if applicable. Include procedures to protect archeological or historical sites that may be identified in the future by including a provision that if any archaeological and historic resources are discovered at the project site, the Recipient shall immediately contact and coordinate with the Division of Historical Resources, Florida Department of State, to assess the archaeological and historic resources of the find. Environmental Education Program: Describe the regularly scheduled and ongoing environmental education programs to be offered at the project site, if applicable. Discuss the types of programs offered, the frequency of programs (after school, monthly, summer, etc.), the target groups, and the group responsible for developing and leading the program. Provide a time frame for developing and initiating the programs in a month and year format. Greenway Management: If the project is part of a greenway network, discuss how the project site will further the local greenway network and how management of the site will be integrated into the overall management of the greenway network. Describe the coordination efforts among other local, regional and state agencies to protect natural resources and manage the greenway network. Provide a map showing the relationship of the project site and other parcels that comprise the greenway network. Coordination: Explain how the management of the site will be coordinated with adjacent land owners and other resource protection agencies. Include provisions to coordinate with other agencies for appropriate guidance, recommendations, and necessary permits that may be related to the project site, such as the following: Florida Game and Fresh Water Fish Commission to avoid impacts to listed species; Water Management District and Department of Environmental Protection to ensure that development of the project site is done in a manner to protect or improve water quality; Division of Forestry and the Game and Fresh Water Fish Commission on the implementation of a prescribed burn program. Coordination strategies should include requesting cooperating agencies to review the management plan, comment on the proposed development plan for the site, and assist in the development of strategies to protect the resources on the project site. Maintenance: Identify required maintenance activities, including but not limited to, trash removal, site cleanup, and facilities upkeep. Identify the local government employees or service contractors responsible for all aspects of property maintenance. Security: Identify the parties responsible for security at the project site. Identify the measures and design features to be employed to protect the site and the public from vandalism, theft or assault, such as fencing, locked gate, park rangers, police patrols, etc. Consider including a security/emergency plan of action that identifies key individuals. Staffing: Identify the expected staffing requirements for management of the project site, including both permanent and volunteer staff. 40 V. COST ESTIMATE AND FUNDING SOURCE Estimate the costs associated with implementation of the management plan, including all proposed improvements (trails, boardwalks, parking, restrooms, etc.), resource restoration and enhancement activities, and other key management activities (required surveys, education programs, etc.). Identify all funding sources associated with the implementation of the management plan. VI. PRIORITY SCHEDULE Discuss the proposed time lines for implementing the development and management activities of the management plan based on established priorities and the availability of funds. Provide a graphic display of the implementation time lines. Use calendar dates (month and year) in defining the implementation time line. VII. MONITORING Identify procedures for assessing progress in achieving goals in the management plan, such as the percentage of property restored, inventory of species using the project site, etc. Identify procedures for periodic amendment of the management plan by the Recipient with an acknowledgment that any revision to the approved management plan requires prior review and approval FCT. Include a provision acknowledging responsibility for preparing an annual stewardship report to the FCT, due on the anniversary date on which the Project Plan was approved by FCT. EXHIBITS: The exhibits to the management plan should be appropriately located in the management plan in the place that contributes to the best understanding the management plan. Exhibits may include a location snap, boundary map, vegetative maps and surveys, master site plan, estimated development cost table, and implementation time line graph, and any other exhibit that supports the plan. APPENDIX: The appendix should be placed at the very end of the management plan document. The appendix should contain a copy of the Conceptual Approval Agreement, the FNAI notification form, the Exotic Pest Plant Council's List of Florida's Most Invasive Species. The recorded deed and Grant Award Agreement should be included when they become available. The Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Phone: 850/922-2207 SunCom: 292-2207 Fax: 850/921-1747