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HomeMy WebLinkAbout2003-000FCT Contract NumberOY-CT- 7C - 0 2= r 2 FLORIDA COMMUNITIES TRUST 02-059-FF2 INDIAN RIVER FARMS COASTAL PRESERVE et A GRANT CONTRACT THIS AGREEMENT is entered into on t Krum ry 4 , 2003, 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, local government of the State of Florida (Recipient). The intent of this Agreement is to impose tenns and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement provisions of Sections 259.105, 259.1051, 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 and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the distribution of twenty-two percent (22%) less certain reductions of the net Florida Forever Revenue Bond proceeds to the Department to provide land acquisition grants to local governments or nonprofit environmental organizations through the FCT for acquisition of community-based projects, urban open spaces, parks, greenways, and recreational trail systems to implement local comprehensive plans; WHEREAS, the Bonds are issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.A.C.), describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department from the Florida Forever Trust Fund; 02-059-FF2 12/11/2002 Joint Acquisition- Site. Date e) The undersigned certify that they have no legal or beneficial interest in the Project a1/44° J/oa/o3 )Ico(03 FCT Recipient Board Member, Staff or Agent name ` LguD M . )).e.1,015.; rrt2Wt M M. V l NG1 WILLIAM G . 0„01,L) 1•1 5 T u135-4214 A_ 19, et -wires T 1^ TIP rau\ieng r . M ACT - SAM E S E . 00)-NnLet BOARD OF COUNTY COMMISSIONERS INDIAN ' '"EPCCO B rin :Marna e-nneth R Macht Title-Ghairman Date January 7, 200.,N, Approve Approv e By" gality: Print Name.W i 11 a m 02-059-FF2 12/12/2002 Signature pro �/lAy Collins II Ann J. Wild, and ty: st Counsel 17. The development and management of the Project Site shall be coordinated with the agencies managing conservation lands in the Indian River Lagoon blueway corridor, including the St. Johns Water Management District ,to ensure the Project Site is protected and managed as part of a linked conservation lands and recreation opportunities. The creation of the stormwater area shall be coordinated with the Florida Department of Transportation. 18. Proposed site improvements shall be designed and located to minimize or eliminate the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 19.- 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 Agreement. • This Agreement including Exhibit "A', if required, embodies the entire agreement between the parties. THE FLORIDA COMMUNITIES TRUST S OBLIGATION TO PROVIDE FUNDS UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. BOARD OF COUNTY COMMISSIONERS INDIAN ' R CO ! TY 7,, ami: Kenneth R-: '_Macht Title: Cha -rrnan Date January' -7 62003 Approve F. .a`�`gality: BYVi� PrintName:William G. Col ins II 02-059-FF2 12/12/2002 Joint Acquisition- -19 - FLORIDA CO B IES TRUST Janfc:'Browning Eger Liveirref t r Date: o��`y'/6 3 Approv to Fo By Ann J. Wild, • This Instrument was prepared by and should be returned to: Warren W. Dill, Esq. Dill & Evans, P.L. 1515 U.S. Highway One, Suite 201 Sebastian, Florida 32958 Parcel Identification No. soCUMENTARY STAMPS DEED! /7s 00 *71E $ JEFFREY/I BARTON, CLERIC SUM RIVER COUNTY 00-31-37-00009-0450-00019.0 & 28.0 (Space above this tine for recording data.) WARRANTY DEED (STATUTORY FORM - SECTION 689.02, F.S.) THIS INDENTURE, made this .a % day of June, 2003, between C.L. HAMPTON, INC., a Florida corporation, whose address is 5 South Elm Street, Fellsmere, Florida 32948, grantor, and CITY OF FELLSMERE, FLORIDA, a municipal corporation existing under the laws of the State of Florida, whose post office address is 21 South Cypress Street, Fellsmere; Florida 32948-6714, the grantee, WITNESSETH that said grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit The West 2.00 feet of Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27, Block 45, TOWN OF FELLSMERE, according to the plat thereof recorded in Plat Book 2, Pages 3 and 4, Public Records of St Lucie County, Florida, said lands now lying and being in Indian River County, Florida. AND The West 8.00 feet of Lots 28, 29, 30, 31, 32, 33, 34, 35 and 36, Block 45, TOWN OF FELLSMERE, according to the plat thereof recorded in Plat Book 2, Pages 3 and 4, Public Records of St Lucie County, Florida, said lands now lying and being in Indian River County, Florida. Subject to governmental regulations, covenants, rights of way, restrictions, easements and reservations of record, if any, but this provision shall not operate to reimpose the same, and taxes for the year and subsequent years. Together with all the tenements, hereditaments and appurtenances thereto belonging or anywise appertaining. NV THE RECORDS or JEFFREY K. BARTON thatc ancurr count MOM RIVER COM RA. The City of Fellsmere is purchasing this property for road right-of-way purposes. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: WITNESSES* (sixnasp (print name) (print name),4i .CSrar7 mora,_, STATE OF FLORIDA COUNTY OF INDIAN RIVER C.L. HAMPTON, INC., a Flof corporation Charles L. H: pton, its President "CORPORATE SEAL" The foregoing instrument was acknowledged before me this day of June, 2003, by Charles personally known to me or who has produced rt - L. Hampton, as President of C.L. Hampton, Inc., a Flori corporatio�j on behalf of the corporation, who is lL/.C- was identification. - Diana G 1.119 y'.`- MYCOMMISSION N DD043145 EXPIRES SepteBONDEDTIAVTTRObeINSUONCE NIG ft -,i otary Public My Commission Expires: My commission No. is: