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HomeMy WebLinkAbout2000-092• • • This document prepared by: Ann J. Wild Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 FLORIDA COMMUNITIES TRUST P9A AWARD# 99-055-P9A FCT Contract# GRANS AWARD AGREEMENT V_�-11-0 -74 THIS AGREEMENT is entered into this_ day of , 2000, by and between the FLORIDA COMMUNITIES TRUST ("FCT""), a nonregulatory agency within the State of Florida Department of Community Affairs, and INDIAN RIVER COUNTY("FCT 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 "A" 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, 259, and 380, Florida Statutes. WHEREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the 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; WHEREAS, Section 1 of the provides for the distribution of Preservation 2000 Revenue Bond Community Affairs to provide land local governments through the FCT, 99-055-P9A GAA/3-2D-00 Florida Preservation 2000 Act ten percent (10%) of the net proceeds to the Department of acquisition grants and loans to w r. in the official public records of Indian River County, Florida, and referenced by the warranty deed vesting fee simple title to the Project Site in the FCT Recipient, and in such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith. 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 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 Blvd. Tallahassee, FL 32399-2100 ATTN: Executive Director 99-055-P9A GAA/3-20-00 3 4b 40 40 FCT Recipient: Indian River County Board of County Commissioners 1990 25'h Street Vero Beach, FL 32550-3365 ATTN: County Administrator 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 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. 4, If the existence of the FCT Recipient terminates for any reason, title to all interest in real property 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 whiAi agrees to accept title to all interest in and to manage the Project site. 99-055-P9A GAA/3-20-00 4 5. 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 restore the Project Site in such manner as 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. 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. III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT RECIPIENT. 1. The Project site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for passive, natural 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 uaPa as appropriate. If an amendment to the FCT Recipient's comprehensive pian is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 99-055-P9A GAA/3-20-00 5 El 40 40 4. PCT 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 employees, prevent the unauthorized use of the Project 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. 7. 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/or major land alterations shall require the written approval of FCT. The 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. B. If archaeological and historic sites are located on the Project 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 on the Project Site will be prohibited unless 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. 99-055-P9A GAAP/3-20-'00 M 40 • 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 tax con- sequences of such activity or interest: a. any lease of any interest in the Project Site to 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 attached to the Project Site to be severed from the Project Site, with a non-governmental person or organization; 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 lass and federal income tax law: a. a Bale 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; 99-055-P9A GRA/3-20-00 7 W 40 40 40 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 g. 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 GOVERNMEN'T'AL 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 U'T'ILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V. CONDITIONS THAT ARE PARTICULAR TO THE PROJECT SITE ,AS A RESULT OF THE FCT APPROVED MANAGEMENT PLAIT. 1. Outdoor recreational facilities including walking trails, boardwalk, wildlife observation areas and interpretive displays 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. Such recognition shall also be included in all printed literature and advertising associated with the project site. 99-055-P9A GAA/3-20-00 H 3. Regularly scheduled and ongoing educational programs that promote the protection of natural resources shall be provided at the project site. 4. A survey of vegetative communities and plant species shall be conducted on the project site. The management plan 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. S. The mangrove swamp, coastal maritime hammock and xeric scrub 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. 5. 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, gopher tortoise, bald eagle, wood stork, white ibis, roseate spoonbill and other wading birds. Coordinate with the Florida Fish and Wildlife Conservation Commission on the management of the project site for the protection of listed species and listed species habitat. Conduct periodic surveys of listed species using the project site to ensure the protection of listed animal species and their habitat. 7. No motorized boating facilities shall be provided at the project site. The management plan shall include specific provisions to protect manatees and manatee habitat. a. Adjacent development activities shall be monitored through the development review and approval process to ensure that such activities do not negatively effect the resources on the project site. A vegetative buffer shall be provided between the project site and the adjacent properties to sufficiently protect listed animal species and their habitat from the adverse impacts of adjacent land uses. 9. Management of the project site shall be coordinated with the Vero Beach to Ft.Pierce Aquatic Preserve Management Plan and the Indian River Lagoon SWIM Plan to protect and enhance water quality within the Indian River Lagoon. 99-055-P9A GAA/3-20-00 9 IJ 4D 40 • 10. 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, Impoundment management shall be coordinated with other impoundments along the Indian River Lagoon. 11. An ongoing water quality and biological monitoring program shall be developed in conjunction with the Department of Environmental protection and implemented on the project site to determine the results of adaptive management strategies used and to document changes in water quality and biological indicators over time. 12. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) 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 management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 13. A vegetation analysis of the project site shall be performed to determine which areas of the site need a prescribed burning regime implemented 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 burn plan for the project site is required. 19. 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. 15. Management of the project site shall be coordinated with the adjacent Oslo Riverfront Conservation Area and the Indian River County Mosquito Control District. 99-055-P9A OAA/3-20-00 10 i • 40 16. Bicycle access to the project site shall be promoted as an alternative to automobile transportation by providing bicycle parking stands at the site. 17. The development and management of the project site shall be coordinated with the agencies managing conservation lands within the Indian River Lagoon Greenway corridor, to ensure the project site is protected and managed as part of a linked conservation lands and recreation opportunities. IS. 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 GRANT AWARD AGREEMENT embodies the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: q Prifit Name: R�f� m rFf I Ste_ Print Name:i ,.- p— C A t1�IGS 99-055-P9A GAA/3-20-00 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVE,rR'� COUNTY BY A4 L—"') Fran B. Adams, Chairman Date:- April 4. 2000 Attest: Clerk Accepted as to Legal Form and Sufficient : Terrence P. O'Brien Acting County Attorney 3 j el - 00 Gate: _ 11 CI • 40 4W STATE OF FLORIDA COUNTY OF INDIAN RIVER The f regoing instrument was acknowledged before me thisas i/ day of "aL 2000, by . tr) Al. She is personalallyly known to me. �rrrlr��rr rrtrrrtr rrrr�rrrrr�rtrrrrrr+r�rPr�Nr Not ry Public 7 , tiFpr i� Rete i#1. Smith t! )T f� I i77 I ro ; print Names IT-_ Nut,ry publec, Stele oFFtaxide c � � C.ammiuiooallo.CG587�34 i Commission NO. was MyCutnmipiaaEap.p9U�JYppp < My Commission Expires: Id40.3aaUFARY• F4 Hour StrrmnhttcNie�Co c 111)#1#SS#'#SS#)1))iN#'1151)#Y)11?)11#]yyS1S1#15111 � FLORIDA COMMUNITIES TRUST Print Name: Print Name: STATE OF FLORIDA COUNTY OF LEON Ralph Cantral Acting Executive Director Date: Accepted as to Legal Form and Sufficiency: Ann J. wild, 'Trust Counsel Date: The foregoing instrument was acknowledged before me this day of , 2000, by Ralph Cantral, as Acting Executive Director of the Florida Communities Trust. fie is personally known to me. Notary Public Print Name: Commission No. my Commission Expires: 99-055-P9A GAA/3-20-00 12 EXHIBIT "A„ [ATTACH LEGAL DESCRIPTION] 99-055-P9A GAA/3-20-00 13