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2008-152 A
MEMORANDUM OF UNDERSTANDING BETWEEN INDIAN RIVER COUNTY AND THE CITY OF FELLSMERE RELATING TO FUNDING THE PURCHASE OF THE FELLSMERE TRAILHEAD PRESERVE SITE T ' s Memorandum of Understanding ("MOU") is made to be effective as of the day of 2008, by and between Indian River County, Florida, a political subdivision of the State of Florida (the "County") and the City of Fellsmere ("Fellsmere"), a municipal corporation. WHEREAS , Fellsmere received a grant from the Florida Communities Trust ("FCT") to purchase environmentally sensitive lands ; and WHEREAS, Fellsmere and the FCT entered into an Option Agreement for Sale and Purchase on March 11 , 2008 (the "Agreement") to purchase environmentally sensitive lands consisting of approximately 85 . 70 gross acres , generally located in the Northwest corner of I-95 and CR 512 and more particularly described in the Agreement (the "Environmental Lands'), copy of the Agreement is attached hereto as Exhibit "A"; and WHEREAS , the grant and Agreement provide that the FCT will pay ninety percent (90%) of the purchase price based upon the acreage of the Environmental Lands; and WHEREAS , the FCT rules will not allow the County to have a fee simple ownership interest in the Environmental Lands ; and WHEREAS, the acquisition of the Environmental Lands was presented to the Land Acquisition Advisory Committee (the "LAAC") on March 12, 2008 ; and WHEREAS, the LAAC voted unanimously ( 15 -0) to support the acquisition of the Environmental Lands by Fellsmere, with the County contributing ten percent ( 10%) as a cost-share partner in exchange for receiving a conservation easement on the Environmental Lands ; and WHEREAS , at the closing on the purchase of the Environmental Lands, Fellsmere will have a fee simple ownership interest in the Environmental Lands, subject to a Management Plan required by the FCT, a Declaration of Restrictive Covenants, a draft copy of which is attached hereto as Exhibit `B " and a Conservation Easement, a draft copy of which is attached hereto as Exhibit "C" . WHEREAS, on May 13 , 2008 , the Board of County Commissioners of Indian River County held a duly-noticed public hearing, as required by the County' s Environmental Lands Program Guide, commonly known as the "LAAC Guide" . WHEREAS , the County agrees with the recommendation of the LAAC and will fund ten percent ( 10%) of the project acquisition costs for the Environmental Lands at the time of closing on the sale under the Agreement, which at this time is estimated to be $ 542, 873 .00. NOW, THEREFORE , in consideration of the mutual covenants contained herein and for other good and valuable consideration, the County and Fellsmere hereby agree as follows : Page 1 of 3 CWOaIAE~] Ws ocars-IiTmp char WWFelLum sFCT$.6-Mwwnax 1929358 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2272 PG : 1050 , 06 / 16 / 2008 12 : 41 PM 4-28-08 Prepared by and return recorded original to : Marian E . Fell , Senior Assistant County Attorney Indian River County Attorney's Office DEED OF CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made thist:3►rj" day of �`L/ Nj!�E 12008 by CITY OF FELLSMERE , a Florida municipal corporation having an address of 21 S . Cypress Street Fellsmere , Florida 32948-6714 (" Grantor" ) , in favor of INDIAN RIVER COUNTY, a political subdivision of the State of Florida , having an address of 1801 27�h Street , Vero Beach , FL 32960 (" Grantee" ) . WITNESSETH : WHEREAS , Grantor solely owns in fee simple certain real property located in Indian River County, Florida , more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property' ) and has the full authority and ability to convey this Conservation Easement to Grantee ; and WHEREAS , Grantor acquired the Property with partial funding from the Florida Communities Trust ( FCT) , and the Property is subject to certain limitations provided in the FCT Grant Contract Number 08-CT-C1 -07- F7- Al -030 dated January 29 , 2008 [FCT Project Number 07-030- FF7 , ( "Agreement, " ) ; and WHEREAS , as part and condition of the FCT funding , the Grantor provided , and FCT approved , a management plan ("Management Plan" ) for the Property; and WHEREAS , as an additional condition of the FCT funding , FCT requires that the Property be subject to the terms of a " Declaration of Restrictive Covenants" to be recorded immediately after the Warranty Deeds into the Grantor; and WHEREAS , the terms and conditions of the Agreement, the Management Plan, and the Declaration of Restrictive Covenants all constitute covenants running with the Property, and are hereinafter collectively referenced as the "FCT Requirements" ; and WHEREAS , Grantor grants this Conservation Easement over the Property to Grantee as a condition to receipt of environmental bonds proceeds from Indian River County as Grantee pursuant to Indian River County's Environmental Lands Program ; and WHEREAS , Grantor desires to preserve the Property in its natural condition in perpetuity and further intends that the conservation and recreation values of the Property be preserved and enhanced in accordance with the Management Plan , as it may be amended from time to time only after review and approval by FCT; and WHEREAS , Grantor and Grantee have agreed that its activities on the Property shall be consistent with the FCT Requirements and this Conservation Easement . NOW THEREFORE , in consideration of the above and the mutual covenants , terms , conditions and restrictions contained herein , and pursuant to the provisions of section 704 . 06 , Florida Statutes , Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth (the " Conservation Easement') . Grantor fully warrants title to said Property , and will warrant and defend the same against the lawful claims of all persons whomsoever. THIS INSTRUMENT IS EXEMPT FROM STATE DOCUMENTARY STAMP TAX PURSUANT TO SECTION 12b-4 . 014( 10) F .A. C . Form 133 1 BK : 2272 PG : 1051 4-28-08 1 . Purpose . The purpose of this Conservation Easement is to assure that the Property will be retained forever in its existing natural condition and to prevent any use of the Property that will impair or interfere with the environmental value of the Property. Grantor and Grantee acknowledge and agree that: the Property is subject to the FCT Requirements ; and the FCT Requirements are generally consistent with this Conservation Easement . Should any inconsistencies occur, then the Parties will work together to resolve such inconsistencies so that the FCT Requirements will be met . 2 . Prohibited Uses . Any activity on or use of the Property inconsistent with the purpose of this Conservation Easement is prohibited . Without limiting the generality of the foregoing , the following activities and uses are expressly prohibited : (a) Construction or placing buildings , roads , signs , billboards or other advertising , utilities or other structures on or above the ground , except as otherwise required by the FCT Requirements . ( b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash , waste or unsightly or offensive materials . (c) Removing or destroying trees , shrubs , or other vegetation , except as may be required by the FCT Requirements . (d ) Excavating , dredging or removing loam , peat, gravel , soil , rock or other material substances in such a manner as to affect the surface . (e) Surface use , except for purposes that permit the land or water area to remain predominantly in its natural condition . (f) Activities detrimental to drainage , flood control , water conservation , erosion control , soil conservation , or fish and wildlife habitat preservation . (g ) Acts or uses detrimental to such retention of land or water areas . ( h ) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical , architectural , archaeological , or cultural significance . 3 . Reserved Rights . Grantor reserves unto itself, and its successors and assigns , all rights accruing from its ownership of the Property , including the right to engage in or permit or invite others to engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with FCT Requirements and the purpose of this Conservation Easement, 4 . Rights of Grantee . To accomplish the purposes stated herein , Grantor conveys the following rights to Grantee : (a ) To enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Conservation Easement. ( b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and the covenants set forth herein , to prevent the occurrence of any of the prohibited activities set forth herein , and require the restoration of areas or features of the Property that may be damaged by any activity inconsistent with this Conservation Easement, 5 . Grantee's Discretion . Grantee may enforce the terms of this Conservation Easement at its discretion , but if Grantor breaches any term of this Conservation Easement and Grantee does not exercise its rights under this Conservation Easement, Grantee's forbearance shall not be construed to be a waiver by Grantee of such term , or of any subsequent breach of the same , or any other term of this Conservation Easement, or of any of the Grantee's rights under this Conservation Easement . No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 6 , Grantee 's Liability. To the extent permitted by law and subject to the limitations of Section 768 . 28 , Florida Statutes , Grantor will indemnify Grantee for any injury or damage to the person or property of third parties which may occur on the Property arising from Grantor's Form 133 2 BK : 2272 PG : 1052 4-28-08 ownership of the Property. Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee liable for any damage or injury to person or personal property which may occur on the Property, except that Grantee shall be liable for any damage or injury to person or personal property which occurs on the Property that is due to or caused solely by Grantee's actions . Notwithstanding the provisions of this section , nothing contained herein shall be construed as a waiver of any immunity from , or limitation of, liability the Grantor has under the Doctrine of Sovereign Immunity of Section 768 .28 Florida Statutes , as amended . 7 . Acts Beyond Grantor's Control . Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from natural causes beyond Grantor's control , including , without limitation , fire , flood , storm and earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent , abate or mitigate significant injury to the Property or to persons resulting from such causes . 8 . Recordation . Grantor shall record this Conservation Easement immediately after the recordation of the Warranty Deeds into Grantor and the Declaration of Restrictive Covenants in the Official Records of Indian River County, Florida , and shall rerecord it at any time Grantee may require to preserve its rights . Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in the public records . Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Conservation Easement in the public records . 9 . Successors . The covenants , terms , conditions and restrictions of this Conservation Easement shall be binding upon , and inure to the benefit of the parties hereto and their respective successors and assigns and shall continue as a servitude running in perpetuity with the Property . 10, Counterparts , This Conservation Easement may be executed in a number of identical counterparts , each of which for all purposes is deemed an original , and all of which constitute collectively one ( 1 ) agreement , but in making proof of this Conservation Easement, it shall not be necessary to produce or account for more than one such counterpart. 11 . General , The Background Recitals are true and correct and form a material part of this Conservation Easement . IN WITNESS WHEREOF , Grantor has executed this Conservation Easement on the day and year first above written . CITY OF ELLSMERE ATTEST: , a . Sy a J . Sava e , Mayor eborah C . Krages , City l e "� K � g , I KIP , STATE OF FLORIDASEA r COUNTY OF INDIAN RIVER 0� � � `,, ., . The foregoing instrument was acknowledged before me this �"da 1:, 1 :o ,ter M� . 2008 , by Sara J . Savage , Mayor of the City of Fellsmere , who is persb'�i'ally 2pwn to me . it CI A111 Ali DBORAH C* MAGES MYCOAlMISSIDNtDD7390?2 ary Public for the State of FI n EXPIRES: Jammy 28, 2012 „ TwNwgPu* UndoNtMNi My Commission Expires P//&/4•� I 3- Form 133 3 BK : 2272 PG : 1053 Accepted by GRAZE Indian River Courig1 a Attest : J , K. Barton , Clerk Board of County !✓ c" rsNl By 'PGre �d-o�-W--Q Sandra . Bowden riari ' Deputy Clerk Approved by BCC at a duly noticed public hearing held on May 13 , 2008 (SEAL) APPROVED AS TO FORM AND LE SUFFICIENCY Marian E . Fell Senior Assistant County Attorney Reviewed and Approved by : Name: Title: Florida Community Trust Form133 4 BK : 2272 PG : 1054 428.08 Accepted : Indian River County, Florida Board of County Commissioners Attest: J , K. Barton , Clerk By By Sandra L. Bowden , Chairman Deputy Clerk Approved by BCC at a duly noticed public hearing held on May 13 , 2008 ( SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY Marian E . Feil Senior Assistant County Attorney Reviewed and ppr ved by: Ken Reecy, Communitylprogram Manager Florida Community Trust Form 133 4 COMMITMENT NO . : A0108-241 FILE NO . : 074261 EXHIBIT " A " A parcel of land lying in Section 20, Township 31 South, Range 38 East, Indian River County, Florida , said Parcel also lying in the Northwest Quadrant of the intersection of Interstate Highway 95 and State Road 512, and being more particularly described as follows : Beginning at the intersection of the West right-of-way of Interstate Highway 95 and the South right-of-way of the Trans Florida Central Railroad right-of-way, run Southerly along the limited access right-of-way of Interstate Highway 95 as follows : S08033 '14'1N a distance of 682 . 13 feet; thence run S10047115"W a distance of 610 . 27 feet; thence S42022141 '1N a distance of 201 . 07 feet; thence run N890151231W a distance of 474 .42 feet; thence run S88035 '191W a distance of 797 . 80 feet; thence S0004702'1N a distance of 45 . 90 feet to the end of limited access right-of--way on the North right-of-way of State Road 512 ; thence run N89018123W along said North right-of-way a distance of 644 . 17 feet; thence run NO205849"E a distance of 2192 . 26 feet; thence run S89018'2311E a distance of 2192. 63 feet to the West right-of-way of Interstate Highway 95 ; thence run S02058'49 '1N along said right-of--way a distance of 662. 25 feet to the point of intersection of the West right-of-way of I-95 and the Northerly projection of the West right-of-way of the limited access road; thence run S080331141W along said limited access right- of-way a distance of 27. 56 feet to the point of beginning . (Less strip of land 100 feet wide lying 50 feet on each side of center line of Fellsmere Railroad as described in deeds in Deed Book 24, Page 27, Deed Book 92, Page 487, Deed Book 69, Page 468, and O. R. Book 240, Page 342 . Together with all of the grantor's right, title and interest in and to those two certain Easements for road right-of-way across Trans- Florida Central Railroad lying within the boundaries of the above described property as recorded in O . R. Book 445, Page 548, Public Records of Indian River County, Florida . LESS AND EXCEPT PARCEL A: A parcel of land lying in Section 20, Township 31 South, Range 38 East, Indian River County, Florida, said parcel lying North of and adjacent to the North right-of-way of County Road 512 in the Northwest Quadrant of the intersection of Interstate Highway 95 and County Road 512, being more particularly described as follows: From the intersection of the West right-of-way of Interstate Highway 95 and the South right-of-way of the Trans Florida Central Railroad, run Southerly along the limited access right-of-way of Interstate Highway 95 as follows : S08033114"W a distance of 682 . 13 feet; thence S10047115 "W a distance of 610 . 27 feet% thence S42022'41 "W a distance of 201 . 07 feet; thence N89015231W a distance of 474 .42 feet; thence S880351191W a distance of 100 . 07 feet to the end of said limited access right-of-way; thence continue S88035'19 '1N along the North right-of-way of County Road 512 a distance of 101 . 09 feet to the point of beginning at the Southeast corner of the herein described parcel ; from said point of beginning run N0700013901E a distance of 738 . 50 feet; thence run N89015'23 "W a distance of 638 . 56 feet to a point on the East line of the Florida Gas Transmission Company easement as described in Official Records Book 269, Page 409, Public Records of Indian River County, Florida ; thence run S01009 '1011E along said East line of Gas Company easement a distance of 754. 56 feet to the North right-of-way of County Road 512 ; thence run N88035'19"E along said North right-of-way a distance of 533 . 35 feet to the point of beginning . ALSO LESS AND EXCEPT PARCEL B. A parcel of land lying in Section 20, Township 31 South, Range 38 East, Indian River County, Florida, said parcel lying in the Northwest Quadrant of Interstate Highway 95 and County Road 512, and being more particularly described as follows : From the intersection of the West right-of--way of Interstate Highway 95 and the South right-of-way of the Trans Florida Central Railroad, run S08033'14'W along said West limited access right-of-way of I-95 a distance of 682 ._13 feet; thence continue S10047'15'1N along -said--right-of-way a distance of 244 .55 feet to the point of beginning at the Northeast corner of the herein described parcel ; from the point of beginning continue South and Westerly along said limited access right-of-way of I-95 as follows : S10°47'15'1N a distance of 365 .72 feet; S4202241 'W a distance of 201 . 07 feet; N890151231W a distance of 474 .42 feet; S88°35'19'1N a distance of 100. 07 feet to the end of limited access right-of-way; from end of said limited access right-of-way run N07°00'39 "E a distance of 517 . 25 feet; thence run S8901523"E a distance of 715 . 32 feet to the point of beginning . Reg. D 0012 Rev. 11 -91 " This Commitment is not valid unless Schedule A, Schedule B Section -I and Schedule B Section-II are included. " STEWART TITLE GUARANTY COMPANY COMMITMENT NO . : A0108-241 FILE NO . . 074261 AND FURTHER LESS AND EXCEPT PARCEL C. Legal description of remaining Carson Platt Estate parcel of former Trans Florida Central Railroad right-of-way lying West of Interstate Highway 95 in Section 20, Township 31 South, Range 38 East. All that part of the 100 foot wide right-of--way of the former Trans Florida Central Railroad (as recorded and shown in the Public Records of Indian River County, Florida, in Official Record Book 208, starting at Page 547), lying within the North one-half of Section 20, Township 31 South , Range 38 East, immediately West of and adjacent to the West right-of-way of Interstate Highway 95 (being a portion of said Railroad right-of-way conveyed by Roland Miller, Trustee to Carson Platt as shown and described Official Record Book 709 , Page 1751, Public Records of Indian River County) and being more particularly described as follows : beginning at the intersection of the West right-of-way of Interstate Highway 95 and the South right-of-way of said Trans Florida Central Railroad right-of-way thence run N87004'56"W, along the South right-of-way of said former railroad right-of-way, a distance of 2187 . 90 feet; thence run NO2057'55"E (along the East line of property conveyed in Parcel No . 3 of Personal Representative's Deed, as recorded in Official Record Book 1304, beginning at Page 2778, Public Records of Indian River County, Florida, from the Estate of Carson Platt to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and to the St. Johns River Water Management District), a distance of 100. 00 feet; thence run S87004'56 T along the North right- of-way of said former railroad right-of-way, a distance of 2190 . 67 feet to the West right-of-way of Interstate Highway 95, thence run S03001 '50"W, along said West right-of--way, a distance of 72. 58 feet to a point of intersection in said West right-of-way; thence run S08033 '1411N, along said West right-of-way of Interstate Highway 95 , a distance of 27 . 56 feet to the Point of Beginning . Reg, D 0012 Rev. 11-91 " This Commitment is not valid unless Schedule A, Schedule B Section -1 and Schedule B Section-11 are included." STEWART TITLE GUARANTY COMPANY r . COMMITMENT NO . : 4261A FILE NO . : A010&232 EXHIBIT "A" Legal description of remaining Carson Platt Estate parcel of former Trans Florida Central Railroad right-of-way lying West of Interstate Highway 95 in Section 20 , Township 31 South , Range 38 East. All that part of the 100 foot wide right-of-way of the former Trans Florida Central Railroad (as recorded and shown in the Public Records of Indian River County, Florida , in Official Record Book 208, starting at Page 547) , lying within the North one-half of Section 20 , Township 31 South , Range 38 East, immediately West of and adjacent to the West right-of-way of Interstate Highway 95 (being a portion of said Railroad right-of-way conveyed by Roland Miller, Trustee to Carson Platt as shown and described Official Record Book 709, Page 1751 , Public Records of Indian River County) and being more particularly described as follows: beginning at the intersection of the West right-of-way of Interstate Highway 95 and the South right-of-way of said Trans Florida Central Railroad right-of-way thence run N87004'56 "W, along the South right-of-way of said former railroad right-of-way, a distance of 2187 . 90 feet; thence run NO205715511E (along the East line of property conveyed in Parcel No. 3 of Personal Representative's Deed, as recorded in Official Record Book 1304, beginning at Page 2778, Public Records of Indian River County, Florida , from the Estate of Carson Platt to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and to the St. Johns River Water Management District), a distance of 100 . 00 feet; thence run S87004156"E along the North right- of-way of said former railroad right-of-way, a distance of 2190. 67 feet to the West right-of-way of Interstate Highway 95, thence run S03001 '50"W, along said West right-of-way, a distance of 72 . 58 feet to a point of intersection in said West right-of-way; thence run S081133'14'1N, along said West right-of-way of Interstate Highway 95, a distance of 27 . 56 feet to the Point of Beginning . Reg, D 0012 Rev. 11 -91 " This Commitment is not valid unless Schedule A, Schedule B Section -I and Schedule B Section-II are included." STEWART TITLE GUARANTY COMPANY BK : 2272 PG : 1055 DESCRIPTION: FELLSMERFj DEVELOPMENT CORP (80.657 ACRES + /-) REVISED 03-19-05 A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA SAID PARCEL ALSO LYING IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE HIGHWAY 93 AND STATE ROAD 512, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT-OF-WAY OF THE TRANS FLDRIDA CENTRAL RAILROAD RIGHT-OF- WAY, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95 AS FOLLOWS: SOUTH 08'33'14' WEST A DISTANCE OF 682.13; THENCE SOUTH 10'47'15" WEST A DISTANCE OF 610.27 FEET; THENCE SOUTH 42'22'41 " WEST A DISTANCE OF 201 .07 FEET: THENCE RUN NORTH 8995'23' WEST A DISTANCE OF 474. 42 FEET: THENCE RUN SOUTH 88'35'19' WEST A DISTANCE OF 797.80 FEET; THENCE SOUTH 00647'02' WEST A DISTANCE OF 45.90 FEET TO THE END OF LIMITED ACCESS RIGHT-OF- WAY ON THE NORTH RIGHT- OF- WAY OF STATE ROAD 512: THENCE RUN NORTH 8918'23' WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 644. 17 FEET; THENCE RUN NORTH 0238'49' EAST A DISTANCE OF 2192.26 FEET; THENCE RUN SOUTH 89'18023" EAST A DISTANCE OF 2192.63 FEET TO THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95; THENCE RUN SOUTH 0238'49' WEST ALONG SAID RIGHT-OF- WAY A DISTANCE OF 862.25 FEET TO THE POINT OF INTERSECTION OF THE WEST RIGHT- OF- WAY OF INTERSTATE HIGHWAY 95 AND THE NORTHERLY PROJECTION OF THE WEST RIGHT-OF-WAY OF THE LIMITED ACCESS ROAD; THENCE RUN SOUTH 08'33'14' WEST ALONG SAID LIMITED ACCESS RIGHT-OF- WAY A DISTANCE OF 27.56 FEET TO THE POINT OF BEGINNING. TOGETHER WITH ALL OF THE GRANTORS RIGHT, TITLE AND INTEREST IN AND TO THOSE TWO CERTAIN EASEMENTS FOR ROAD RIGHT-OF- WAY ACROSS TRANS FLORIDA CENTRAL RAILROAD LYING WITHIN THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY AS RECORDED IN O.R. BOOK 445, PAGE 548, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCELS: PARCEL A: A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL LYING IN THE NORTH OF AND ADJACENT TO THE NORTH RIGHT OF WAY OF COUNTY ROAD 512 IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND COUNTY ROAD 512, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF THE TRANS FLORIDA CENTRAL RAILROAD , RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AS FOLLOWS: SOUTH 08'33814" WEST A DISTANCE OF 682.13 FEET SOUTH 10147'15" WEST A DISTANCE OF 610.27 FEET: THENCE RUN SOUTH 42'22'41 " WEST A DISTANCE OF 201 .07 FEET; THENCE NORTH 8995'23" WEST A DISTANCE OF 474.42 FEET; THENCE SOUTH 58'35'19' WEST A DISTANCE OF 100.07 FEET TO THE END OF SAID LIMITED ACCESS RIGHT OF WAY; THENCE CONTINUE SOUTH 88635'19" WEST ALONG THE NORTH RIGHT OF WAY OF COUNTY ROAD 512 A DISTANCE OF 101 .09 FEET TO THE POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL; FROM SAID POINT OF BEGINNING RUN NORTH 07'00'39" EAST A DISTANCE OF 738.50 FEET; THENCE RUN NORTH 8915'23" WEST A DISTANCE OF 638. 56 FEET TO A POINT ON THE EAST LINE OF THE FLORIDA GAS TRANSMISSION COMPANY EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 269, PAGE 409, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 01409910" EAST ALONG SAID EAST UNE OF 'THE GAS COMPANY EASEMENT A DISTANCE OF 754.56 FEET TO THE NORTH RIGHT OF WAY OF COUNTY ROAD '512; THENCE RUN NORTH 88'35'19' EAST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 533.35 FEET TO THE POINT OF BEGINNING. PARCEL B: A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL LYING NORTH OF AND ADJACENT TO NORTH RIGHT OF WAY OF COUNTY ROAD 512 IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND COUNTY ROAD 512, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF THE TRANS FLORIDA CENTRAL RAILROAD, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AS FOLLOWS: SOUTH 08033414" WEST A DISTANCE OF 682.13 FEET: THENCE SOUTH 10'47'15" WEST A DISTANCE OF 244.55 FEET TO THE POINT OF BEGINNING AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL; FROM THE POINT OF BEGINNING CONTINUE SOUTH AND WESTERLY ALONG SAID LIMITED ACCESS RIGHT OF WAY OF 1- 95 AS FOLLOWS: SOUTH 10'47115" WEST A DISTANCE OF 365.72 FEET; THENCE SOUTH 42'22'41 " WEST A DISTANCE OF 201 .07 FEET; THENCE NORTH 69915023' WEST A DISTANCE OF 474.42 FEET; SOUTH 881519" WEST A DISTANCE OF 100.07 FEET TO THE END OF LIMITED ACCESS RIGHT OF WAY; FROM END OF SAID LIMITED ACCESS RIGHT OF WAY RUN NORTH 07000'39" EAST A DISTANCE OF 517.25 FEET; THENCE RUN SOUTH 8915123' EAST A DISTANCE OF 715.32 FEET TO THE POINT OF BEGINNING. PARCEL 81 : A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL LYING NORTH OF AND ADJACENT TO NORTH RIGHT OF WAY OF COUNTY ROAD 512 IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND COUNTY ROAD 512, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF THE TRANS FLORIDA CENTRAL RAILROAD, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AS FOLLOWS: SOUTH 08033'14" WEST A DISTANCE OF 682. 13 FEET; THENCE SOUTH 10'47'15" WEST A DISTANCE OF 244.55 FEET; THENCE CONTINUE SOUTH 10'47015" WEST A DISTANCE OF 365. 72 FEET; THENCE CONTINUE SOUTHWESTERLY AND WESTERLY ALONG SAID LIMITED ACCESS RIGHT OF WAY, SOUTH 42'22'41 " WEST A DISTANCE OF 201 . 07 FEET; THENCE NORTH 891523' WEST A DISTANCE OF 474.42 FEET; THENCE SOUTH 8835'19" WEST A DISTANCE OF 100.07 FEET TO THE POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE FROM THE POINT OF BEGINNING, DEPART SAID LIMITED ACCESS RIGHT OF WAY, NORTH 07'00'39' EAST A DISTANCE OF 517.25 FEET; THENCE NORTH 8915' 23" WEST A DISTANCE OF 100.60 FEET; THENCE SOUTH 07'00'39' WEST A DISTANCE OF 521 .07 FEET BACK TO THE AFORESAID LIMITED ACCESS RIGHT OF WAY; THENCE ALONG SAID UNITED ACCESS RIGHT OF WAY, NORTH 88035'19' EAST A DISTANCE OF 101 .09 FEET BACK TO THE POINT OF BEGINNING. PARCEL C: LEGAL DESCRIPTION OF REMAINING CARSON PLATT ESTATES PARCEL OF FORMER TRANS FLORIDA CENTRAL RAILROAD RIGHT OF WAY LYING WEST OF INTERSTATE HIGHWAY 95 IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: ALL OF THAT PART OF THE 100 FOOT WIDE RIGHT OF WAY OF THE FORMER TRANS FLORIDA CENTRAL RAILROAD (AS RECORDED AND SHOWN IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 205, STARTING AT PAGE 547), LYING WITHIN THE NORTH ONE-HALF OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, IMMEDIATELY WEST OF AND ADJACENT TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 (BEING A PORTION OF SAID RAILROAD RIGHT OF WAY CONVEYED BY ROLAND MILLER, TRUSTEE, TO CARSON PLATT AS SHOWN AND DESCRIBED IN OFFICIAL RECORDED BOOK 709, PACE 1751 , PUBLIC RECORDS OF INDIAN RIVER COUNTY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF SAID TRANS FLORIDA CENTRAL RAILROAD RIGHT OF WAY, THENCE RUN NORTH 87004156' WEST, ALONG THE SOUTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A DISTANCE OF 2187.90 FEET; THENCE RUN NORTH 0237'58' EAST (ALONG THE EAST LINE OF PROPERTY CONVEYED IN PARCEL NO. 3 OF PERSONAL REPRESENTATIVES DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 1304, BEGINNING AT PAGE 2778, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FROM THE ESTATE OF CARSON PLATT TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND TO THE ST. JOHNS WATER MANAGEMENT DISTRICT), A DISTANCE OF 100. 00 FEET; THENCE RUN SOUTH 87'04'56' EAST, ALONG THE NORTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A DISTANCE OF 2190.67 FEET TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95; THENCE RUN SOUTH 03'01 '50" WEST, ALONG SAID WEST RIGHT OF WAY, A DISTANCE OF 72.58 FEET TO A POINT OF INTERSECTION IN SAID WEST RIGHT OF WAY; THENCE RUN SOUTH 08033'14' WEST. ALONG SAID WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95, A DISTANCE OF 27.56 FEET TO THE POINT OF BEGINNING. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. THE RESULTANT AREA OF THE ABOVE DESCRIBED PARCEL CONTAINS ' 15138 4AR. S MORE OR LESS. EXHIBIT "A" Page 1 of t - � PLSOR AND MAPPER REV: MODIFY PER ATTORNEY COMMENTS 06- 06-08 R. A.H. FLORIDA LICENSE NO. 4544 CAI JOB NO. 06 - 4405 CARTER ASSOCIATES INC, LEGAL DESCRIPTION APRIL 29 , 2008 CONSULTING ENGINEERS AND LAND SURVEYORS FELLSMERE PRESERVE 1708 21sT srsssr 772-662-4101 (7 A ) 80 . 667 ACRE PARCEL Y8H0 RUCH, r1AWDA 92660-9479 772-662-7180 /MIC C.O.A. /806 BK : 2272 PG : 1056 DESCRIPTION: DEAN F. LUETHJE, TRUSTEE (5.030 ACRES+/—) PARCEL C: LEGAL DESCRIPTION OF REMAINING CARSON PLATT ESTATES PARCEL OF FORMER TRANS FLORIDA CENTRAL RAILROAD RIGHT OF WAY LYING WEST OF INTERSTATE HIGHWAY 95 IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: ALL OF THAT PART OF THE 100 FOOT WIDE RIGHT OF WAY OF THE FORMER TRANS FLORIDA CENTRAL RAILROAD (AS RECORDED AND SHOWN IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 208, STARTING AT PAGE 547), LYING WITHIN THE NORTH ONE—HALF OF SECTION 20, TOWNSHIP 31 SOUTH, RANG= 38 EAST, IMMEDIATELY WEST OF AND ADJACENT TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 (BEING A PORTION OF SAID RAILROAD RIGHT OF WAY CONVEYED BY ROLAND MILLER, TRUSTEE, TO CARSON PLATT AS SHOWN AND DESCRIBED IN OFFICIAL RECORDED BOOK 709, PAGE 1751 , PUBLIC RECORDS OF INDIAN RIVER COUNTY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF SAID TRANS FLORIDA CENTRAL RAILROAD RIGHT OF WAY, THENCE RUN NORTH 87004'56' WEST, ALONG THE SOUTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A DISTANCE OF 2187.90 FEET; THENCE RUN NORTH 02'57'55" EAST (ALONG THE EAST UNE OF PROPERTY CONVEYED IN PARCEL NO. 3 OF PERSONAL REPRESENTATIVES DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 1304, BEGINNING AT PAG: 2778, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FROM THE ESTATE OF CARSON PLATT TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND TO THE ST, JOHNS WATER MANAGEMENT DISTRICT), A DISTANCE OF 100.00 FEET; THENCE RUN SOUTH 87'1 EAST, ALONG THE NORTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A DISTANCE OF 2190. 67 FEET TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95; THENCE RUN SOUTH 03 '01 '50" WEST, ALONG SAID WEST RIGHT OF WAY, A DISTANCE OF 72.58 FEET TO A POINT OF INTERSECTION IN SAID WEST RIGHT OF WAY; THENCE RUN SOUTH 0813'140 WEST. ALONG SAID WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95. A DISTANCE OF 27. 56 FEET TO THE POINT OF BEGINNING, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. THE ABOVE DESCRIBED PARCEL CONTAINS 2191, 088 SQUARE FEET OR 5.0296 ACRES MORE OR LESS. EXHIBIT "A" ' Page 2 of 2 ROG HA LS REC ERED SUR YOR AND MAPPER REV: MODIFY PER ATTORNEY COMMENTS 06-06-08 R.A.H. FLORIDA UCENSE N0, 4544 CAI JOB NO. 07- 273S CARTER ASSOCIATES. INC. LEGAL DESCRIPTION APRIL 29 , 2008 CONSULTING ENGINEERS AND LAND SURVEYORS FELLSMERE PRESERVE 1700 scar SM"T m—ass-alai (m) 5. 03 ACRE PARCEL vno HEACH. noBIDA 32pao-3478 772-6La-71so ((/Az) c.at /zoa $550,000.00 or 10% of the final adjusted Total Purchase Price for the Property as determined i n accordance with paragraph 3 ,B. ("Local Government's Purchase Price "), will be paid to Seller byLoeal Government heck at closing, The Total Purchase Price is subject to adjustment in accordance with paragraph 3 .B, determination of the final Total Purchase Price can only be made after the completion and approval oThe f he survey required in paragraph 5, This Agreement is contingent upon approval of Total Purchase Price, Acquiring Agency's Purchase price, and Local Government's Purchase Price by Purchaser and upon confirmation that the Total Purchase price is not in excess of the final maximum approved purchase price of the Property as determined in' accordance with Rule 9K-8 .007 Florida Administrative Code ("Maximum Approved Purchase Price"), ' This Agreement is also contingent upon Local Government's Hands for closing being available at closing upon Local Government giving written notice to Acquiring Agency, prior to the exercise of the option, that these funds are available to close in accordance with this Agreement. If such notifition is not accomplishedAcquiring Agency inay in its sole discretion declare this Agreement void and of ab further force and effect as, of that date, Local Government's funds are the sole'responsibility of Local Government, Seller shall have no recourse whatsoever, at law or equity, againsl 'Acquiring Agency or the Property as a result of any matter arising at any time whether before or after fee simple title is conveyed to Local Gove rnment relating to Local Government's funds, Acquiring Agency shall have no obligation under this Agreement to provide anyportion of Local Government's funds. Acquiring A$ency's funds necessary to close are the sole responsibility of Acquiring Agency. Seller shall have no recourse whatsoever, at law or equity, against Local Government or the Property as a result of any matter arising at any time, whether before or after fee simple title is conveyed to Local Government, relating to Acquiring Agency's funds, Local Government shall have no obligation under this Agreement to provide 9ny portion of Acquiring Agency's funds, Should Local Government's funds or Acquiring Agency's Hands not be available for any reason, Purchaser or Seller may elect to terminate this Agreement by written notice to the parties without liability to any party, Acquiring Agency and Local Government agree that the Local Government shall take fee simple title to all of the Property at the closing notwithstanding that Acquiring Agency and Local Government are required to pay all of the Total Purchase Price in the manner set forth in this Agreement. Conveyance of the Property in fee simple from Seller to Local Government will talo place at the closing, in exchange for the payments to be made by Acquiring Agency and Local Government to Seller at closing as set forth above in this paragraph 3 .A. 3 .13, ADJUSTMENT OF TOTA r Pr CV TA 4" pR rrE, prior to closing, Acquiring Agency determines A, exceeds the final Maximum Approved that the Total Purchase Price stated in paragraph 3 , the Property, the Total Purchase Price will be reduced to the final Maximum Approved Purchase Price of the Property, Upon determination of the final adjusted Total Purchase Price, Acquiring Agency's Purchase Price and Local Government's Purchase Price will be determined and adjusted in accordance with paragraph 3 .A. If the final adjusted Total Purchase Price is less than 95% of the Total Purchase Price stated in paragraph 3 .A. because of a reduction in the Maximum Approved Purchase Price of the Pro discretion, have the right to terminate this Agreement and neither p '� Seller shall, in his sole this Agreement, If Seller elects to terminate this Agreement, party shall have any further obligations under uiring Agency and Local Government of his election to terminate this Agreementwit provideler shall 0 days after Seller swritten notice to receipt of written notice from Acquiring Agency of the final adjusted Total Purchase Price, In the event Seller fails to give Acquiring Agency and Local Government a written notice of termination within the aforesaid time period from receipt of Acquiring Agency's written notice, then Seller shall be deemed to have waived any right to terminate this Agreement based upon a reduction in the Total Purchase Price stated in paragraph 3 .A. January 16 , 2008 page 2 07-030 -FF7 A L� l 4.A. ENVIRONMpNT LS 3 ASS Local Local Government shall, at its sole cost and expense and at least 30 days prior to the Option Expiration Date, furnish an environmental site assessment of the Property which meets the standard of practice of the American Society of Testing Materials ("ASTM"). Local Government shall use the services of competent, professional consultants with expertise in the environmental site assessing process to determine the existence and extent, if any, of Hazardous Materials on the Property. The examination of hazardous materials contamination shall be performed to the standard of practice of the ASTM. For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice B , 1527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site. For purposes of this Agreement "Hazardous Materials " shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 4 .13 .), The environmental site assessment shall be certified to Purchaser and the date of certification shall be within 90 days before the date of closing, 4.B. HAZARDOUS MATERIALS. In the event that the environmental site assessment provided for in paragraph 4.A. confirms the presence of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to terminate this Agreement, Seller shalt, at his sole cost and expense and prior to the exercise of the option and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). However, should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal to 1 % of the Total Purchase Price as stated in paragraph 3 .A., Seller may elect to terminate this Agreement and no party shall have any ftuther obligations under this Agreement. 5. SURVEY. Seller shall, at his sole cost and expense and not less than 35 da ys prior to the ion Expiration Date, deliver to Local Government and Acquiring Agency a current boundary survey0oftthe Property prepared by a professional land surveyor licensed by the State of Florida which meets the standards and requirements of Acquiring Agency ("Survey'). It is Seller's responsibility to ensure that the surveyor contacts the Acquiring Agency regarding these standards and requirements prior to the commencement of the Survey. The Survey shall be certified to Purchaser and the title insurer and the date of certification shall be within 90 days before the date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims of easements not shown by the public records from the owner's title policy. If the Survey shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect, 6. TITLE INSURANCE. Seller shall, at his sole cost and expense and at least 35 days prior to the Option Expiration Date, furnish tq Purchaser a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B ") from a title insurance company, approved by the Acquiring Agency, insuring marketable title of Local Government to the Property in the amount of the Total Purchase Price. Seller shall require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. January 16 , 2008 Page 3 07-030 - FF7 71 DEFECTS IN TITLE, If the title insurance commitment or survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove said defects in title. defects in title within the time provided therefor, includinelthe brinler ging of neuse icessary suits nt effort to correct the unsuccessful in removing the title defects er is within said time or if Seller fads o make a diligent effort to correct thethe title defects, Purchaser shall have the option to either: (a) accept the title as it then is with a reduction in the Total Purchase Price by an amount determined by Acquiring Agency, (b) accept the title as it then is with no reduction in the Total Purchase Price, (c) extend the amount of time that Seller has to cure the defects in title, or (d) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. 8. INTEREST CONVEYED, At closing, Seller shall execute and deliver to Local Government a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions; easements, leases, tenancies and other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. The grantee in Seller's Warranty Deed shall be the CITY OF FELLSMERE, 9. PREPARATION OF CL QTwr3 DOT rx ?ENTS, Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, and 380.08(2), Florida Statutes, Seller shall prepare the deed described in paragraph 8 . of this Agreement, Seller's closing statement, the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627 . 7842, Florida Statutes, and an environmental affidavit. The deed, 'title, possession and lien affidavit and environmental affidavit shall be prepared on Acquiring Agency forms which will be provided by Acquiring Agency. Acquiring Agency .shall prepare Purchaser's closing statement. All prepared documents shall be submitted to Local Government and Acquiring Agency for review and approval at least 30 days prior to the Option Expiration Date, 10, PURCHASER RB F FOR CLOSING. Purchaser will approve or reject each item required to be provided by Seller under this Agreement within 30 days eller receipt by Purchaser of all of the required items. Seller will have 30 days thereafter to cure and resubmit any rejecteditom to Purchaser. In the event Seller fails to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend the Option Expiration Date. 11 . EXPENSES . Seller will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed described in paragraph 8 . ofthis Agreement and any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the Property. 12, TAXES AND ASSESSMENTS, All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied% of record by Seller at closing. In the event the Local Government acquires fee title to the Property between January 1 and November 1 , Seller shall, in accordance with Section 196. 295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event the Local Government acquires fee title to the Property on or after November 1 , Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. January 16 , 2008 Page 4 07-030 - 1?1?7 13 . CLOSING PLACE AND DAT The closing shall be on or before 15 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later, The date, time and place of closing shall be set by Purchaser. 14. RISK OF LOSS AND CONDITION OF FAL PROPERTY, Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Local Government in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller agrees to cleanup and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction ofLocal Government prior to the exercise of the option by Purchaser. 15, RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement Is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawRiTpurposes in connection with this Agreement. Seller shall deliver possession of the Property to the Local Government at closing, 16. ACCESS , Seller warrants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property. 17. DEFAULT. If Seller defaults under this Agreement; Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default, In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, Purchaser will be entitled to recover reasonable attorney's fees and costs, 18A, BROKERS, Seller warrants that no persons, firms, corporations or other entities are entitled to areal estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 9, and as disclosed in Paragraph 18B . Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 18B. BROKERS FULL DISCLOSURE Richard Rubin, is President of Synergy Solutions for Florida, LLC and is a Licensed Real Estate Broker, Synergy Solutions has an executed agreement with the City of Fellsmere, Florida, to provide a scope of services that includes representing the City as a real estate broker, grant writer for FCT grants, provide financial strategy services and providing reporting and implementation services. Agreement stipulates that brokerage commission is to be paid by the seller. 19. RECORDING, This Agreement, or notice of it, may be recorded by Purchaser in the appropriate county or counties, January 16 , 2009 Page 5 07-030 - FF7 20. ASSIGNMENT, This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller, This Agreement may not be assigned by Seller without the prior written consent of Purchaser, p 21 , TIME. Time is of essence with regard to all dates or to set forth in this Agreement. 22. SEVERA 11ITY, In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected, 23 . SUCCESSOR IN .INTEREST. Upon Seller's execution of this Agreement, SeIler's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it, Whenever used, the singular shall include the plural and one gender shall include all genders, 249 ENTIRE AGREEM NT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 25. WDA IM. Failure of Purchaser to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AGREEMENT EFFossoosssECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto, 27. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 628• NOTICE. Whenever either party desires is required to give notice unto the other, it must be given y written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement, 29. �AL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording ofthe deed described in paragraph 8 . of this Agreement and Local Government's possession of the Property, THIS AGREEMENT IS INITIALLY ' TRANSMITTED TO THE SELLER AS AN OFFER, 1F THIS AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE FEBRUARY 25, 2008, THIS OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT THIS OFFER, THE EXERCISE OF THIS OPTION IS SUBJECT TO: (1 ) APPROVAL OF THIS AGREEMENT, TOTAL PURCHASE PRIQE, ACQUIRING AGENCY'S PURCHASE PRICE, AND LOCAL GOVERNMENT'S PURCHASE PRICE BY PURCHASER, (2) ACQUIRING AGENCY'S GOVERNING BODY GRANTING PROJECT PLAN APPROVAL IN ACCORDANCE WITH RULE 9K.. S .OI 1 , FLORIDA ADMINISTRATIVE CODE, (3) CONFIRMATION THAT THE TOTAL PURCHASE PRICE IS NOT IN EXCESS OF THE FINAL MAXIMUM APPROVED PURCHASE PRICE OF THE January 16 , 2008 Page 6 n 07-030 - FF7 lJ + INNIS PROPERTY, AND (4) LOCAL GOVERNMENT AND ACQUIRING AGENCY APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY SELLER. THE ACQUIRING AGENCY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS IS TO BE A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. FELLSMERE DEVELOPMENT CORPORATION, INC., a Florida corporation & DEAN F. LUETHJE, . TRUSTEE SELLER FELLSMERE DEVELOPMENT CORPORATION, INC. Witn s to S le , &t �`�r CHARLES W. HOYMA , R. Treasurer, Director Witness as t Seller iv z7v a �� F. E.LD9a N' $ r STATE OF FLORIDA) Data Signey Se COUNTY OF SYeaJa / d ) The foregoing instrument was acknowledged before me this ,? P" day ofa 2008, by CHARLES W, HOYMAN, JR, as - Treasurer, D ' for o ELL a2DEV OPMENT CORPORATION, INC., who is 'personally known to o ho as pro ad river's license issued within the last five years as identification. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of t...... . ......... . . . . ... ... ... . . ... .. .......ti Notary Public) ALICE Q VALLIERE _ i +��. ,, CommN D00387680 Commission NO. : n *� cxaaas 2/8/2009 My Commission Expires: 0, f�! 86r&W Ulm (800)4324254 : 'aa•.aFl000laN .. lary Assn Inc . : . . . . . ... .. . .. . . . . . .. . . . . .. team . . nn:..n,s January 16 , 2008 Page 7 07-030 - FF7 �` SELLER DEAN F. LUETHJE, TRUSTEE of ss as to a erDEAN F. LUETHJE, stee Witness as to Seller F.E.LD. No. _ � O Date signed by Seller STATE OFZEaL4 COUNTY OF:j The foregoing instrument was acknowledged before me this� day of 2008 b DEAN F. LUETHJE, as Trustee, who is personally known to me or who has duced a d ' er's is issued within the last five years as identification, (NOTARY PUBLIC) Q SEAL ' Notub owl (Pzin , Typed or Stamped Name of Notary Public) Commission No. ; My Commission Expires ; ,� 1 ago IL Approved as to Form and Legality 08 ," SYSIL 8. WILKERSON Notary PubRo • 61810 of Flodde By; be ( )�..- MI+ Committian Explrat sp 22, 2oit�G '' CMMI&S►on I DD 671032Trust CounselBondadTtuouphNotlonalNoteryMm. Date ; e� 2r I r January 16 , 2008 Page g 07-030 - FF7 r �. PURCHASER LOCAL GOVERNMENT CITY OF FELLSMERE B . ;tness tnes=tolment Q Its: Git3M"ager A0A WC as to Local Government Ae (Clerk or Deputy Cle} lc) (OFFICIAI , yAL) ' I Approved as to Form and L ality l — 0:?sj woe - Date signed by Local Govemmetil - By: t Date: STATE OF /or!' COUNTY OQ The foregoing instrument was acknowledged before me this_ day of 12008 , CM by as of the Clty of Fellsmere, Florida ehalf of t Local Go ve nment a is errs-onally known tome, (NOTARY PUBLIC) SEAL tary Publicc Q (Printed, Typed or Stamped Name of Notary Public) 3 � D �� . Commission No. : My Commission Expires:_ DEMMc. AGEs W COMMISSION t DD 739022 t EXPIRES: January 28, 2012 Jgnuary ib , 2008 Page 9 AF112 e7 +n+ NMWPU* u1 •a 07-030 - FF7 � y� PURCHASER ACQUIRING AGENCY FLORIDA COMMU S TRUST Wi4ast iring Agen J CE ROWNING, Dir for D lsio o Housing and C munity Development Wiiring Agency Date igned A quiring Agency STATE OF FLORIDA ) COUNTY OF LEON ) The foregoing instrument was acknowledged before me this da of JANICE BROWNING as Director, Division of Housing and Coinmunity Development, on behalf of the Acquiring 08 , bi Agency, She is personally known to me. (NOTARY PUBLIC) SEAL Notdry Publia (P ' yl kl�jP� Stamped Name of b • 3 •ai ` m • • "'666"' ` 111 • � 10 January 16 , 2008 07 - 030 -M • n 1 c r • 1 • ' tl ' • fJAIMYNCI :1 • s s u • • / :U t • ' 41 Pill I N III CU AvA 1 ' ' 1 ' :li • : ' • • � mamr.waistus Mai c . • a ' t : • uZAI • • i e • • 1 :1 ' • c 1 I t � I la • 11 1 1 • ' 1 ' :i : • I ' :1 t • 1 I :1 / « t • ' • r • t • • • / AVIPrl • • e n • c • ' I : • • • • ` f '1 • ' U t ti • ' ' :f ' I :1 • t $411 :1 : t 1 ! : t • ' • I ft I C 1 • 11 : • :1 a ' ! , • '' ' :1 , •I :A • I • i • ' ' •Y. :! i 1 1 aU ► C 1 ► • r • : • • 1 1 :1 ' / • ' Ir • ' • + ' / ' I ► :1 ! • i r t � II I : • i - I : ' • is : • / ' • 1 : ' • ' :A ' • ' t ' 1 I / : • • t : • ' t : • ' I 1 1 ' IF • ' 11 ' • t t • s ' I : ' t • ' t ' I0 IN • ' ttVAt f " • t • • � I N ' Ic / • ' s I : I K 110 • a • r t: • ' 1 :1 ' 1 :1 • 11 • 1 1 A ' IA • ' ' It; • :1 : 1 :1 : • fit11 • 11 1 G ; / I : :1 ► • 11 1 :1 ' :{ t ► ' 1 : ;11Rutsi / ' • I • • : c) It f 1 C • i IfLy fillI f • I :1 ; IU • ' ' ' � r • ' ' :i ' • ' • 1 • I ' 1 • ' I ' • ' It t « • • ' 11 1 :1 • 1 1 ' 1 • t lip t • I ' t • 1 ' 1 1 1 • ' I : :11 ' • • I '• ' • 1 • ' • fl l I f • t • f t • ! : • ' 'I ' • • • ' I ' I ' • :11 I !: t ' 1 1 : : I :1 • ' • . I :1 • I 1 / t • ' • ' 1 ' If t • • + • U • • ' 11 1 it 1 1 : I t t : 1 t • 11 I ' • • • • • ' it I • '• • • ' / : : • • I 1 W1 :1• • : ' tl I t I : I :1 " : • • ' I : ' t • ' • I It ' • • � • ' I 1 1 1 • I :1 ' i 1 • • I • • • 1 ' • 1 ' ' t •• •I :1 i � • • 1 It � ► • • � • t : • t 11 ' t • ! ' ' • I i ' ' t 1 I t 11 / I t / ' 1 t 1 1 • • • li , 1 1 1 Legal De crintion. cont LEGAL DESCRIPTION OF REMAINING CARSON PLATT FORMER TRANS FLORIDA CEN ESTATE PARCEL OF WEST OF INTERSTATE HIGHWAY 9595RAILROAD RIGHT-0F.WAY LyIN(} RANGE 38 EAST SECTION 20, TOWNSHIP 31 SOU7,1 ALL THAT PART OF THE 100 FOOT WIDE RIGHT-0o&WAY OF TRANS FLORIDA CENTRAL ROAD (AS RECORDEDSHOWN . PUBLIC RECORDS OF INDIAN CO AND SHOWN IN THE RECORD BOOK 2080 STARTING AT PAGE S47X LYING IN OFFICIAL ONE-HALF OP SECTION 20, TOWNSHIP 31 SO W� THE NORTH I�DIATELY WEST OF AND ADJACENT TO "I'llM RANGE 38 EAST INTERSTATE HIGHWAY 95 (BEING A PORTION OF SAID RIGHT.OF-WAY OF OF-WAY CONVEYED BY ROLANDRA�ROAD RIGHT- SHOWN AND DESCRIB13D IN OFFICIAL RECO RUSTEE TO CARSON PLATT AS PUBLIC RECORDS OF RD BOOK 709, PAGE 1751 , PARTICULARLY DESCRIBED AS p� COUNTY) AND BEING MORE INTERSECTION OF THE WEST RIGHT. LOWS: BEGINNING AT THg OF-WAS OF INTERSTATE HIGHWAY 95 AND T� SOUTH RIGHT-OF- WAY OF SAID TRANS FLORID RAILROAD RIGHT-OF-WAY THENCE RUJI NORTH 87°04' A CENTRAL THE SOUTH RItiHT-OF_WAY OF SAID FO s� T> ALONG DISTANCE OF 2187.90 FEET,. �R RAILROADRIGHT=OF-WAY, A THE BAST LDYB OF PROPERTY CONVEYED IN PARCELUN ��5ry'SS" BgST (ALONG • REPRESENTATIVE'S DEED, AS RECORDED IN OFFICIAL RECO OF PERSONAL BEGINNING AT PAGE 2778, PUBLIC RECORDS OF INDIAN � BOOK 1304, FLORIDA, FROM THE ESTATE OF CARSON PLATT TO RIVER Cot RD 01 , TRUSTEES OF THE INTERNAL IMPROVEMENT 'TRUST FUND p �� OF OF FLORIDA AND Tp THE ST. JOHNS RIVER ,WATER F THE STATE DISTRICT), A DISTANCE OF 100600 FEST. MANAGEMENT' EAST, ALONG THE NORTH RIGHT-OF-VfrAY SgID UN SOUTH 87°04'56" RIGHT-0F-WAY, A DISTANCE OF 2190.67 FEET. T o THE q��R RAILROAD OF INTERSTATE HIGHWAY 95; GHT-OF-WAY SAID WEST RIGHT OF-WAY, A�TCS UN SOUTH 03001 '50" WEST, ALONG INTERSECTION IN SAID CE OF 72.58 FEET TO A POINT OF 08°33 ' 14" WEST, ALONG SAID RICIHT-OF•'4yAY; TRENCE RUN SOUTH HIGHWAY 959 A DISTANCE OF 27 FEET GH -0F WAY OF INTERSTATE TIM SUBJECT TO ALL RESERVATIONS, EASEM R A oa OF 0FmW NINA, RECORD. AND RIGH'T'S-OP-�yAY OF SAID PARCEL CONTAMG 5.03 ACRES, BEING IN INDIAMORE OR LESS, AND LYING AND INDIAN RIVER COUNTY FLORIDA. Try 16 , 2008 13 4 - FF7 ADDENDUM BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT . (OTHER) STATE OF FLORIDA) COUNTY OF BREVARD ) Before me, the undersigned authority, personally appeared CHARLES W. HOYMAN, JR., this day o n4 rt 2008, who, first being duly sworn, deposes and says : 1 ) That FELLSMERE DEVELOPMENT CORPORATION, INC., a Florida corporation whose address is 215 Baytree Drive, Melbourne, Florida 32940, is the record owner of the Property. The following is a list of every "person" (as defined in Section 1 .01 (3), Florida Statutes) holding 5 % or more of the beneficial interest in the Property; (if more space is needed, attach separate sheet) NameAddrgs • ere SEE ATTACHMENTI 2) That to the best of the affiant's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive real estate commissions, attorney's or consultant's fees or any other fees or other benefits incident to the sale of the Property are: Name Addres Reason for Paxment Amou Survey, Environmental Site Assessment, Title Policy To Be Determined SEE ATTACHMENT 2 lam► 14 January 16 , 2008 07 - 030 - FF7 3) That, to the best of the affiants knowledge, the following is a true history o#'all financ ' option or purchase agreement in favor of affiant) concerning the p tal transactions (including any existing Property which have taken place or will take place during the last five years prior to the conveyance of title to the CITY OF FELLSMERE ; . Name and Address of Parties involved Type of Date ransactio Amount of Tran—acti_o_n This affidavit is given in com2pliance with the provisions of Sections 286.23 and 380.08 ( ), . Flonda Statutes, AND F� "' T NT SAYETH NOT, AFFIANT CHARLES W, HOYMAN, JR. SWORN TO and subscribed before me this ay of HOYMAN, JR, as Treasurer, Director, of FELLSdMERE EVELOP EN ' 2008' by CHARLES W, corporation, who is personally known to me or who has produc a drivers a as identificationpOand w oSO a Florida oath, did take an ' Gt/ Notary Public (Printed, .,..•���£ Typed or Stamped Name of Notary) Commission No. : c My Commission Expires : dt�•Nary Met�:.�•.,� to FLORIDA COMMUNITIES TRUST APPROVED AS TO FORM AND LEGALITY By: Trust Counsel Date: 15 airy 16 , 2008 - FFA A DENDUM (CORPORATE/FLORIDA) A. At the same time that Seller submits the closing documents required byparagraph 9. of this Agreement, Seller shall also submit the following to Purchaser: o I . Corporate resolution which authorizes the sale of the Property to Purchaser in accordance with the provisions of this Agreement and a certificate of incumbency, 2. Certificate of good standing from the Secretary of State of the State of Florida, and 3 . Copy of proposed opinion of counsel as required by paragraph B . below. B• As a material inducement to Purchaser entering into this Agreement and to consummate the transaction contemplated herein, Seller covenants, represents and warrants to Purchaser as follows : L The execution of this Agreement and the performance by it of the various terms and conditions hereof, including, without limitation, the execution ofall agreements, notices and other documents hereunder, have been duly authorized by the requisite corporate authority of Seller. 2. Seller is a corporation duly organized, validly existing and in good standing under the laws of the State ofFlorida and is duly qualified to own real property in the State of Florida. 3 . This Agreement, when executed and delivered, will be valid and legally binding upon Seller and enforceable in accordance with its terms and neither the execution of this Agreement and the other instruments to be executed hereunder by Seller, nor the performance by it of the various terms and conditions hereto will violate the Articles of Incorporation or By-Laws of Seller. At the closing, Seller shall deliver to Purchaser an opinion of counsel to the effect that the covenants, representations and warranties contained above in this paragraph B . are true and correct as of the closing date. In rendering the foregoing opinion, such counsel may rely as to factual matters upon certificates of other documents furnished by partners, officers, officials and other counsel of Seller, and upon such other documents and data as such partners, officers, officials and counsel may deem appropriate. SELLER FELLMERE DEVELOPMENT CORPORATION, INC. , a Florida corporation XtIts# Name: CHARLES W. HOYMAN, JR.. Treasurer, Director Witness as to Seller ' �'e& & �� � 4 /4 (CORPORATE SEAL) F.E.I.D. No. 11A Date signed by Seller uA 16 January 16 , 2008 07 - 030 - FF7 PURCHASER LOCAL GOVERNMENT CITY OF FELLSMERE Witness as to Local Gov BY* By' z( Yzt„q �. ess as to Local Government Atte L (Clerk or Deputy Clerk) (OFFICIAL SEAL) Approved as to Form and Legality I By: Date; — ,�$ -� Date signed by Local Government ACQUIRING AGENCY FLORIDA COMMUN S TRUST .. By. Witne to Acquiring A ency IC BROWNING, Direc r visio of Housing W d Co nity Development Witness as to cquiring Agency Date signed by cqu 'ng Agency Approved as to Form and Legality Byr Date , .C, (p� 17 , ry 16 , 2008 - FF7 DDENDUM BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT (OTHER) STATE OF FLORIDA) COUNTY OF1N0iQ� l7r�ietL, j Before me, the undersigned authority, personally appeared DEAN F. LUETHJE, , this 2 day of N/�RwuA td`' 008, who, first being duly sworn, deposes and says: 1 ) That DEAN F. LUETHJE, Trustee whose address is sJAZ &P &4 !g-- 3Z is the record owner of the Property. The following is a list of every "person" (as defined in Section 1 .01 (3), Florida Statutes) holding 5 % or more of the beneficial interest in the Property, (if more space is needed, attach separate sheet) ane Addres Interest , 2) That to the best of the affiant's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive real estate co 'ssi n ttOme or consult is jrnmn or an other fees r the benefits incident to the sale of the Property are, Name AddressReason for Payment Amount Survey, Environmental Site Assessment, Title Policy SEE ATTACHMENT 2 18 January . 16 , 2008 07 - 030 -FF7 3) That, to the best of the affiant's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of affiant) concerning the Property p rty which have taken place or will take place during the last five years prior to the conveyance of title to the CITY OF FELLSMERE: Name and Address of of Parties Involved Type Date Transactak ion Amount of Transaction This affidavit is given in compliance with the provisions of Sections 286. 23 and 380.08(2), Florida Statutes, AND FURTHER AFFIANT SAYETH NOT, AFFIANT DEAN Fe LUETHJE, e SWORN TO and subscribed before me this da of , y LUETHJE, —E �, y 2008 b DEAN F. Trustee, who is personally known to me or who has produced drivers lice as identification ani who did take an oath. Notary P is c ba � �1k � Sores (Panted, Typed or Stamped Name of Notary) Commission No. : (o• )' ) V Sok My Commission Expires;.,,, ,)01c J � _ a1kr4sdTWW0hN4ftWN0hryAw 8Y8t18. WILKERSONNotary Pubff • Stag of Florida MyCMM1SIME*kMSp 22, 2011CommlaUon N DD dno FLORIDA COMMUNITIES TRUST APPROVED ASTOFORM AND LEGALITY By: Trust Counsel Date: M � Q( T 19 W� January 16 , 2008 07 - 030 - FF7 ADDENDUM eeeeeeeee (TRUSTEE) A. At the same time that Seller submits the closing documents required by paragraph 9. of this Agreement, Seller shall also submit the following to Purchaser, 1 . Copies of the written trust agreement band all amendments thereto, 2. All certificates, affidavits, resolutions or other documents as may be required by Acquiring Agency or the title insurer, which authorize the sale of the Property to Purchaser in accordance with the terms of this Agreement and evidence Seller's authority to execute this Agreement and all other documents required by this Agreement, and 3 . Copy of proposed opinion of counsel as required by paragraph Be below. Be As a material inducement to Purchaser entering into this Agreement and to consummate the transaction contemplated herein, Seller covenants, represents and warrants to Purchaser as follows : 1 . Seller's execution of this Agreement and the performance by Seller of the various terms and conditions hereof, including, without limitation, the execution of all agreements, notices and other documents hereunder, have been duly authorized by the requisite trust authority. 2. This Agreement, when executed and delivered, will be valid and legally binding upon Seller and enforceable in accordance with its terms and neither . the execution of this Agreement and the other instruments to be executed hereunder by Seller, nor the performance by it of the various terms and conditions hereto will violate the terms of the trust agreement or any amendment thereto. At the closing, Seller shall deliver to Purchaser an opinion of counsel to the effect that the covenants, representations and warranties contained above in this paragraph Be are true and correct as of the closing date. In rendering the foregoing opinion, such counsel may rely as to factual matters upon certificates or other documents furnished by beneficiaries, partners, officers, officials and other counsel of Seller, and upon such other documents and data as such beneficiaries, partners, officers, officials and counsel may deem appropriate. SELLER PURCHASER DE F. LUETH taste CITY ELLSMERIp B Bey DE F. LUETHJE, ustee ? � aY � - `ud Date signed by.Itu eser sez`' ` fz� Date signed by Purchaser ACQUIRING AG C FL COM U IES TRUST JAN E ROWNING Dir tor, ivision of Housing an Community Development Date signed Ify Pdrchaser 20 January 16 , 2008 1004 07 - 030 - FF7 Attachment William W . Kerr IV 325 Fifth Avenue , Suite 208 , Indialantic . FL 32903 7 . 081 William J . ' Roberts 2504 Chamberlin Drive , P . O . Box 1386 , Tallahassee , PL 32302 8 . 751 e nman , BT AL Mployea Profit Sharing Pian 1825 S . Riverview Drive , Melbourne , FL 32901 8 . 051 Jospelt M . Grooms Trust 9111137 C/o Claudia Pierce 19 Viscaya Lane , Panama city , n 32137 8 . 751 Joseph H . (clover 3109 South Main Street , Melbourne , FL 32901 11 . 254 Richard H . Buoys MD 133 Lansing Island Drive , Indian Harbour Beach , FL 32937 8 . 751 Raymond A . Armstrong P . O . Box 4043 , Monroe , LA 71211 80751 21 ATTACHMENT 2 NAME ADDRESS REASON FOR PAYMENT AMOUNT Hoyman Dobson & Company, PA Accounting $30 000. 00 215 Baytree Dr. # 1 Melbourne, Fl 32940 BKI, Inc. Consulting Ecologists $94,938 .98 325 Fifth Ave Suite 204 Indialantic, F132903 McClelland Jones Lyons Lacey Legal TBD & Williams, LLC 1901 South Harbor City Blvd, Suite 500 Melbourne, F132901 Reinman Matheson Vaughan Title Policy TBD & Durham, PA 1825 Riverview Dr Melbourne, F132901 Carter Associates, Inc . Survey TBD 1708 21 " St. Vero Beach, Fl 32960 National Realty of Brevard, Inc Real Estate Commission $ 137,500 . 00 1331 S Harbor City Blvd Melbourne, Fl 32901 January 16, 2008 09-030-FF7 22 OMB NO, 2502-0265 7F A. B. TYPE OF LOAN: U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT 1 _ QFHA 2 . QFmHA 3. 0CONV._UN INS . 4. QVA 5. [] CONV. INS , 5. FILE NUMBER: 7. LOAN NUMBER: SETTLEMENT STATEMENT 07-4261 PFD S . MORTGAGE INS CASE NUMBER : C . NOTE : This form is fumishad to g/ve you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "[POC]" were paid outside the closing; they aro shown here for informational purposes and are not Included in the totals. 1,0 3NS (07-4261 PFO.PFD/07-4261 PFD/65) D . NAME AND ADDRESS OF BUYER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER : CITY OF FELLSMERE a Florida municipality FELLSMERE DEVELOPMENT CORP. , INC. within Indian River Cty, FL DEAN FRED LUETHJE, TRUSTEE of the Dean Fred INDIAN RIVER COUNTY, FL Luethje Living Trust U/A/D 4/212004 a political subdivision of the State of Florida G . PROPERTY LOCATION: H. SETTLEMENT AGENT: 74-3200042 1. SETTLEMENT DATE: Tax No's. 483720 - 483750 - VACANT LAND REINMAN , DURHAM & SACK, PA FELLSMERE , FL June 13 , 2008 Indian River County, Florida PLACE OF SETTLEMENT 1825 Riverview Dirve Melbourne, FL 32901 J. SUMMARY OF BUYER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100 . GROSS AMOUNT DUE FROM BUYER: 400. GROSS AMOUNT DUE TO SELLER: 101 . Contract Sales Price 1 5,425 000.00 401 . Contract Sales Price '115 ,425 . 000 . 00 102. Personal Property 402 . Personal Property 103. Settlement Charges to Buyer Line 1400 190.00 403. i 104. 404. 105. 405. Adjustments For items Paid BY Seller in advance Adjustments For items Paid By Seller in advance 106. Ci /Town Taxes to 406. CI /Town Taxes to i 107. CountyTaxes to 407. CountyTaxes to 108 . Assessments to 408. Assessments to 109. 409. 110• 410 . ill . 411 . 12. 412. I 120. GROSS AMOUNT DUE FROM BUYER I 5,425, 190.00 420. GROSS AMOUNT DUE TO SELLER 5 ,425 ,ODO. 00 200. AMOUNTS PAID BY OR IN BEHALF OF BUYER: 500, REDUCTIONS IN AMOUNT DUE TO SELLER: 201 . Deposit or earnest money 501 . Excess Deposit See Instructions 202. Principal Amount of New Loans 502. Settlement Charges to Seller Line 1400 617,346. 14 203. Existing loans taken subject to 503. Existing loans taken subject to 1 204. STATE OF FLORIDA - FCT 4,9071051 .00 504. Payoff First Mortga e 205 . CITY OF FELLSMERE PD BY IRC 542,873.00 505. Pao Second Mo a e 206 . 506. 207. 507. 208. 508- 209 . I . 509- AcYusbrnents For Items Unpaid By Seller Adjustments For Items Unpaid By Seller 210. Ci / Town Taxes to 510. Cityfrown Taxes to 211 . County Taxes to 511 . Countv Taxes to 1 212 . Assessments to 512. Assessments to 213 . 513. 1 214. 514. 215. 515. 216. 516. 217. 517. Felismere Proceeds to Fellsmere Development Corp. , 1 43514,470.34 218 , 518. Dean Proceeds to Dean Lueth e, Trustee 1 293, 18352 219 . 519. 220, TOTAL PAID BY/FOR BUYER 51449 ,924.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 59425,000.00 300. CASH AT SETTLEMENT FROMITO BUYER: 600. CASH AT SETTLEMENT TOIFROM SELLER: 301 . Gross Amount Due From Buyer Line 120 5,425, 190.00 601 . Gross Amount Due To Seller Line 420 5,425, 000.00 302. Less Amount Paid /For Buyer Line 220) ( 5,449 924.00) 602. Less Reductions Due Seller (Line 520) ( 5 ,425,000.00 303. CASH ( FROM ) ( X TO ) BUYER 24,734.00 603. CASH ( TO ) ( FROM ) SELLER 0 .00 The undersigned hereby acknowledge receipt of a completed copy of pages 1 &2 of this statement & any attachments referred to herein . I HAVE CAREFULLY REVIEWED THE HUD-1 SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS A TRUE AND ACCURATE STATEMENT OF ALL RECEIPTS AND DISBURSEMENTS MADE ON MY ACCOUNT OR BY MEIN THIS TRANSACTION . I FURTHER CERTIFY THAT I HAVE RECEIVED A COPY OF THE HUD-1 SETTLEMENT STATEMENT. Buyer CITY OF FELLSMERE , a Florida municipality within Indian Seller FELLSMERE DEVELOPMENT CORPORATION , INC. , a River County, FL Florida corporation By: BY Sara Savage - Mayor Charles W. Hoyman , Treasure-Director INDIAN RIVER COUNTY, FL, a political subdivision of the State of Florida Dean Fred Luethje, Individually and asTrustee of the Dean By, Fred Luethje Living Trust U/A/D 4/212004 TO THE BEST OF MY KNOWLEDGE, THE HUD-1 SETTLEMENT STATEMENT WHICH I HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE FUNDS WHICH WERE RECEIVED AND HAVE BEEN OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OF THIS TRANSACTION. pp g Saute:ment Agent mg Services , LLC WARNING: IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON CONVICTION CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAILS SEE: TITLE 18 U .S. CODE SECTION 1001 & SECTION 1010. * Appro d y BCCA May 1 3 , 2008 By Marian E. Fell Senior Assistant County Attorney COMPOSITE EXHIBIT B Management Plan For the City of Fellsmere Trailhead Preserve Indian River County, Florida FCT Project Number 07-030-FF7 February, 2008 Prepared by. Synergy Solutions , Inc . For: Mayor Sara J . Savage Councilwoman Cheryl Hampton Councilman Francisco Magana Councilman Fernando Herrera Councilwoman Susan Adams City Manager Jason R. Nunemaker City Attorney Warren Dill City Clerk Deborah C . Krages Finance Director Larry W. Napier Fellsmere Preserve Management Plan #6.2 4 S TABLE OF CONTENTS SECTIONI - INTRODUCTION ........................................................................................................................................................... 7 LOCATIONAND OWNERSHIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 BACKGROUNDINFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 CITY OF FELLSMERE TRAILHEAD PRESERVE INDIAN RIVER COUNTY, FI oRIDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 FUNDINGSOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . 000 . . . . . 10 SECTIONII - PURPOSE ..................................................................................................................................................................... 10 PURPOSESFORACQUISITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . 10 MANAGEMENT OBJECTIVES , . , , , , 10 PROPOSEDUSE AND MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PLANDIRECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 COMMITMENT TO AMEND FUTURE LAND USE MAP & ZONING CHANGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . 6 . 66 . . . . . . . . 12 PROJECT SITE "FCT" IDENTIFIED (SIGNAGE AND ADVERTISING) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SECTION III - NATURAL AND CULTURAL RESOURCES ......................................................................................................... 12 SOILS — NOT APPLICABLE, PROJECT SITE UNDER 500 ACRES . I I 1 0 0 & I I I 1 12 NATURALCOMMUNITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 DESCRIPTION OF NATURAL COMMUNITIES ON PROJECT SITE (INCLUDING\IMPERILED OR CRITICALLY IMPERILED COMMUNITIES) . . . 13 INVENTORYOF NATURAL COMMUNITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 LISTEDANIMAL SPECIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 0 13 TECHNIQUES TO PROTECT AND ENHANCE THE VARIOUS NATURAL COMMUNITIES LOCATED ON THE PROJECT SITE 13 IMPLEMENTATION OF A PHOTO—MONITORING PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 UNIQUE NATURAL FEATURES ON THE SITE —NONE KNOWN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ERROR! BOOKMARK NOT DEFINED. GEOLOGICAL FEATURES — NONE KNOWN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ERROR! BOOKMARK NOT DEFINED. TYPES OF EXISTING INVASIVE EXOTIC PLANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 14 REMOVALOF INVASIVE EXOTIC PLANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 TECHNIQUES FOR REMOVAL OF INVASIVE PLANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 TIMEFRAME FOR REMOVAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 TIME FRAME FOR REVEGETATING THE SITE IMPACTED BY INVASIVE EXOTIC PLANTS , . . . . . . . . . . . . . 14 YEARLY MONITORING PROGRAM TO PREVENT RE— INFESTATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . 15 EXOTIC PEST PLANT COUNCIL' S LIST OF FLORIDA' S MOST INVASIVE SPECIES TO IDENTIFY INVASIVE EXOTICS ON THE PROJECT SITE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 RESTORATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 0 . . . . . . . . . . . . . . . . . . . . . . . . 15 MANAGEMENT TECHNIQUE FOR WATER IMPROVEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 DISCUSSION ON HYDROLOGICAL RESTORATION ON THE PROJECT SITE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 TIME FRAME FOR INITIATING AND COMPLETING THE RESTORATION PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PRESCRIBEDBURN PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 FERALANIMAL PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0000 . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 LISTEDPLANT SPECIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 LISTED ANIMAL SPECIES , , , , , , , , , , , , , , , . . . . . . . . . . . . . . . 0 , 00 " o . . . . . . moo " & . . . . . . . . . . 0 . . . . . . . . . . . ERROR! BOOKMARK NOT DEFINED. INVENTORY OF THE NATURAL COMMUNITIES — MONITORING CYCLE FOR NATURAL COMMUNITIES . . . . . . . . . . . . . ERROR! BOOKMARK NOT DEFINED. FORESTRESOURCES — NOTAPPLICABLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . 17 SECTION IV - SITE DEVELOPMENT AND IMPROVEMENT ................................................................................................... 17 ACKNOWLEDGMENT SIGN . 09 0 6 0 o so & a 0 . 0 9 00 0 , 11 1 1 1 1 1 . I I I I I I I I I I I I . I . . I I I I I 1 0 a 0 & a 0 go so 0 111 1 1 1 1 . 0 1 1 1 1 1 1 0 0 * o & a 6 0 . . . 17 EXISTINGPHYSICAL IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PROPOSED PHYSICAL IMPROVEMENTS . . . , . . . , , , . , " , , , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . 0 6 & o a 6 a 0 0 0 , a 0 . ERROR! BOOKMARK NOT DEFINED. LANDSCAPING . . . . . , , , , , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No * , . . . . v0 * to # @ , 18 WETLANDBUFFER MITIGATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 . 66 . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PARKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PROPOSED STORMWATER FACILITY FOR THE PROJECT S1TE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 HAZARD MITIGATION — NOT APPLICABLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . 000 . . . . . . . . . . . . . . . . . . . . . . . . . . ERROR! BOOKMARK NOT DEFINED. EDUCATIONSIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . 6 . . . . . . . 18 EDUCATIONPROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 MUSEUM AND NATURE CENTER ' . , . , . . , . , . , , , , , o 0 0 * 0 o 0 6 6 . 0 0 9 1111111111110 1111111 111111110 . R 6 6 0 0 0 o * 0 * a & 6 & 6 . . . . 19 PERMITs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 EASEMENTS, CONCESSIONS, AND LEASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3 AMERICANS WITH DISABILITY ACI' / BUILDING CODE COMPLIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . 11120 SECTIONV - MANAGEMENT NEEDS ........................................................................................................................................... 20 COORDINATED MANAGEMENT WITH THE ST. SEBASTIAN RIVER BUFFER PRESERVE STATE PARK " " " . . , , 6000 20 HOW EXISTING AND PROPOSED FACILITIES ON THE ADJACENT PARCEL SHALL BE INCORPORATED, AS APPROPRIATE, INTO THE MANAGEMENT OF THE PROJECT SITE, 6 a 0 0 a 0 1 a 0 0 a 0 1 1 1 1 1 1 0 1 1 1 1 1 1 1 0 a a 0 a a 0 0 1 a 1 0 a 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 6 0 a a 0 6 1 0 0 a a 0 a I I I ERROR! BOOKMARK NOT DEFINED, TRAILNETWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 GREENWAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 FU'T'URE REQUIRED INTERLOCALAGREEMENT(S) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . 06 . 10 . . . . . . . 22 ECOLOGICALWILDLIFE CORRIDOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 OPTIMALBOUNDARY , I I I I I I 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 1 1 1 0 a a a I 1 9 1 a 0 6 a a 0 ol I I I I I ol I I I I I 1 0 IV 0 a 0 to 0 04 we 00 00 1 1 1 1 1 1 1 1 1 1 1 1 1 IV 69 a IV 0 a 66 a 0 a I a I I I I I I I I I 1 0 1 1 1 60 1 1 . 0 1 0 1 0 1 0 9 1 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00 8 6 09 0 0 6 0 . 1 9 0 1 1 1 1 1 23 PUBLICINVOLVEMENT , I I I I I I I I I I I I 1 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a 0 & I a 0 0 1 6 00 00 a * I , , I I I I I I I I 1 0 6 1 0 ot I a IV 00 06 a 0 a 0 1 1 1 1 1 0 1 1 1 1 1 1 1 1 1 of 0 a I 1 0 . 9 0 0 a I a 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a 0 go a 1 60 1 0 0 0 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a 6 0 1 0 1 0 0 1 1 0 0 0 0 a I I 1 23 PUBLIC COMMENTS AND CONCERNS EXPRESSED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 STAFFING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ERRORI BOOKMARK NOT DEFINED., PHASEI — Pre-Construction Tasks . . , . , , . , , , , , , . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " I . . . . . I ' ll , . . . . . . . . . 0 * 6 . . . . . . . . . . . . . . . . . . " I . . . I ' ll , . . . . . . . . . . . . . . . so . * . . . . * do . . . . . . . . . . 25 PHASEII — Structures and Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PHASEIII — Ongoing . . , . , , , , , , , . . . . 11 . . . . . . . . . . . . . . . . . . 000 * 0 * . . . . IV . . . 6 . . . . . . . . . . . . . . . . . . . . 6 . . . . . . I I I I I . . . . . . . . I . . . . . . I . . . . . . . . . . . . . . . . . 00 # 4 . . . . . . . . I . . . . . . . . . . . . . . . . 0 60 . . . . . . . 28 SECTIONVII - PRIORITY SCHEDULE ............ ............................................................................................................. ................. 29 SECTION VIII - MONITORING AND REPORTING ......................................................................... ............................................ 29 4 S 1 EXHIBITS A. Location Map Be Public Lands Map C . Natural Communities Letter, Map, & Miller Legg Report D. Soils Map and Soil Descriptions E . Copies of Florida Natural Areas Inventory Report Forms for Listed Species — Listed Animal Species and Listed Plant Species F. Copy of the Exotic Pest Council 's List of Florida 's Most Invasive Species , G . Master Site Plan 1 . Master site plan drawn to scale provided. 2. Boundary of the Project Site clearly identified. 3. Identify existing physical improvements and their approximate location on a master site plan. 4. Identify proposed recreational improvements and their approximate location on a master site plan. S. Locate the areas to be landscaped on a site map. 6. Locate the upland areas to be restores on a site map. Z Locate the wetland areas to be restored on a site map. 8. Site plan of publicly owned lands adjacent to the Project Site provided. Show approximate location of existing and proposed facilities (if applicable). H . NA I . Greenway Map 1 . Indian River County Adopted Greenway Map J . Optimal boundary Map K. A copy of the Grant Award Agreement or the Grant Contract L. Interagency Agreement (if applicable) M . Public Hearing Summary and/or Management Plan Working group Summary N . Photos of Historical Resources (if applicable) O . FIRM 100 Year Flood Map 5 APPENDICES APPENDIX 1 List of FCT 's required "Special Management Conditions" APPENDIX 2 Recorded Warranty Deed APPENDIX 3 FDEP Letter Approving Linking the "Fellsmere" Greenways Together APPENDIX 4 Implementation Action Plan Form APPENDIX 5 Satisfaction of FCT Checklist 6 SECTION I - INTRODUCTION The City of Fellsmere and Indian River County are individually and collectively furthering the directives adopted in both of their Comprehensive Master Plans by acquiring the Fellsmere Trailhead Preserve, a vacant 88 . 5 acre site for natural resource protection, passive outdoor recreational and a trailhead facility. The Preserve will provide outdoor recreational facilities and services to the adjacent 22 ,000 acre St. Sebastian State Buffer Preserve and the County ' s future Rail Trail Greenway multi-use Greenway recreational trail running east to west close to the center of the Project site. The Greenway trail will safely provide public access to the C- 54 Primary Drainage Canal , the St. Sebastian River and the Buffer Preserve surrounding the Preserve on the north and west sides . The proposed Trailhead/Welcome Station will be located adjacent to the paved County Road 512 . The facility will be designed and managed to enhance the public 's access to the environmentally sensitive natural resources located in both the Buffer Preserve and Fellsmere 's new Park Preserve. Location and Ownership The Project site is generally located in unincorporated Indian River County. A small portion of the Project Site is located in the City' s Fellsmere 's Geographic Boundary and is identified to be located in the eastern portion of the City's Community Redevelopment District. The project site is located at the northwest quadrant of the I-95 and CR 512 Interchange surrounded by the St. Sebastian River Preserve State Park which borders the Project Site 's northern and western property lines . The vacant land around the other 3 quadrants of I-95 and Highway 512 Interchange is being developed into a built-up planned commercial and residential area. The project site is also located at the primary entrance into the center of the City of Fellsmere to the west and the Sebastian inlet is located to the east. (See Exhibit A) The Project Site 's Land Use and Zoning Regulations permits commercial use on the Project Site . It has been designated by FEMA to be in Flood Zones "A" & "X". New public water, sewer and sidewalks are being constructed at the southeastern boundary of the Project site along County Road 512 . Directly south of the project site, a three story hotel , retail shops and gas station is being constructed on eight acres of land. The Owner of the eight acre site was required during the permitting process to set aside 1 . 5 acres of land for Natural Preservation and Conservation purposes . The Owner has agreed to donate the designated Conservation area to the City of Fellsmere provided it is environmentally integrated into the City ' s proposed Preserve. A 3 , 500 acre DRI located at the south west quadrant of the I-95 and CR 512 Interchange is under review for governmental permitting. The Project Site is currently owned by two private parties . One party owns 5 acres located towards the center of the site and contiguous with the old Trans Florida Railroad ROW running east to west. The other party, a single property owner, controls the 82 . 1 acres of land located on both sides of the 5 acre ROW described above. Upon the Project Site 's transfer of title to the City of Fellsmere, the 1 . 5 acre Conservation Easement will also be transferred to the City for a total of 88 .6 acres comprising the Fellsmere Preserve Park. Background Information The project site is located within a Strategic Habitat Conservation Area (SHCA) . (FCT review Comment #2). The City of Fellsmere, with the assistance of Indian River County, is primarily interested in the conservation and outdoor recreational enhancement to the 88 .6 acres of land due to its unique location adjacent to the 22 ,000 7 J4 acre St. Sebastian River State Buffer Preserve. The Project Site is currently vacant and provides natural habitat for several rare species (Locally Significant Natural Area) that has been determined by the State of Florida to be a Local Natural Area (LNA), (See Exhibit Q . The Project Site provides habitat for Federal endangered species such as the Red-cockaded Woodpecker and Bald Eagle since it is contiguous to the St. Sebastian River Aquatic Buffer Preserve. These species are all listed in the Florida Natural Area Inventory (FNAI) as "Critically Imperiled . " The project site borders the primary entrance into the center of the City of Fellsmere on the west and the Sebastian inlet to the east at the CR 512 Interchange with I-95 . (See Exhibit A and the following page) The project site contains approximately: 25 . 26 acres of Pine Flatwoods scattered around the site ; 55 . 62 acres of predominate Wetlands ; 4 . 00* acres of a cleared 75 ' wide Gas Transmission Easement; 2 .00 * acres segment of the historic Trans-Florida Central Railway Roadbed that runs east to west for a total of 86 . 88 acres owned by the two parties plus the 1 . 5 acre existing Conservation Easement, ( * Approximated) . The 25 . 26 acres of Pine Flatwoods consist of numerous small upland islands that dominate the Buffer Preserve 's native habitat such as Scrubby Flatwoods, dry Pine Flatwoods , Dry Prairies and improved pasture . 8 City of Fellsmere Trailhead Preserve Indian River County, Florida FCT Project Number 07-030-FF7 Fellsmere Preserve Location a � CA 0 BAr.Preserve Drive r 4 Eagle 5 Eagle tin t „� 6 Camp 'w� ♦ 2 miles � .. ' so 4 � 1 1 • • j • • e e1 �' i • ' cypress Loop 1 Red Trail 14 'miles - , 1 1 91 a% 1► u • . 3F r lr • _ _.�L. Scr_Y►Ja ,�Llnk _. .., s 1 • ' : £ 1 �_ 3miles .r, ,. 1 • • • % r r d3 >t do doD 1 / • O 1 6r 1 'h P OPS10 4KS�. X e _ h ♦ r r a' • 1 • 12 IV 1 1 r x '11 ' ♦ 1 You must access the Red Trall 13 , 1 from the south entrance ` 3 off CR 512 (Fellsmere Road) 12 00x da:r 1 Airy .'Y N: ifa yea, f bI k C'IUieCl Site' Legend a • , r C= Preserve ry ` 512 --• Road r �811� `ye�•Road y VKIE •a rs © Kiosk ; I IV ! © Parking w;'? ', ;' 91i'+t ,, �1lllg1AA Q Camp site IV . . e [ 4 Marsh wetland or swamp ! �' ' " Vr I�s1 Stream, lake or pond St. Sebastian River Preserve State Park ® witch or canal county boundary SOUTHWEST QUADRANT 9 Funding Sources Recognizing the importance of preserving natural resource areas and historically significant sites within its jurisdiction, Indian River County (the County) has agreed to provide 10% of the funds necessary to acquire the Project Site. Both Objective and Policy directives in the County Comprehensive Plan define the types of resources to be protected through a variety of means . To carry out these policies , the City of Fellsmere wishes to assist the County by implementing its own environmental protection land acquisition program. With 10% funding assistance from Indian River County, the City of Fellsmere has requested 90% funding from the Florida Communities Trust (FCT) to acquire the Project Site under the State's Florida Forever land acquisition program. The City of Fellsmere Trailhead Preserve 's Management Plan has been prepared to meet the requirements of the Florida Communities Trust, Indian River County, the St. John Water Management District and Florida DEP in order to ensure that the property will be developed in accordance with the FCT Grant Award and to further the purposes of the City 's Grant application. Representatives from Both FDEP and SJRWMD have met together with the City at a Technical Workshop held on June 26, 2007 to assist in coordinating the Project site 's proposed Greenway Trail 's physical access into their partnership funded St. Sebastian River Buffer Preserve State Park. Upon acquiring the two primary parcels , the City's receipt of the 1 . 5 acre Conservation Easement located at the southeastern portion of the Project Site will increase the Park 's natural resource protection. The Conservation Easement will be a natural buffer between the eight acre commercial property under construction and the Project Site. This will enhance the eco-tourism benefits to the hotel , local and State economies . SECTION II - PURPOSE Purposes for Acquisition The primary purpose for the City of Fellsmere (with the assistance of Indian River County) to acquire the project site is to conserve and enhance 88 .6 acres of land located within a significant Florida Region of Natural Areas and Habitat for several rare species (Locally Significant Natural Area) that has been designated Local Natural Area (LNA) status by the State of Florida. Management Objectives The City of Fellsmere Trailhead Preserve project is being acquired by the City for five (5 ) interrelated Management Objectives : 1 . Become an immediate new focal point for tourist traveling both north and south on I-95 by identifying the natural outdoor public resources and amenities available for their outdoor recreational and environmental educational purposes . 2 . Increase the local economy's eco-Tourism industry consistent with the original industries in the area over a century ago. 3 . Provide an equestrian orientated camp site utilizing the County' s Greenway trail for access from CR 512 into the Buffer Preserve, a 7 acre upland island located at the north western portion of the Project site . Provide public access for motor vehicles and trailers to travel along the Park 's existing stabilized 75 ' wide raised gas line Easement with an existing maintenance road. The Easement permits surface access over the underground gas line. 4 . Provide a Complete Trailhead facility at the southwestern portion of the Project site for recreational users traveling along the County's Rail/Trail or entering the Buffer Preserve from County Road 512 . Currently, this southwestern quadrant of the Buffer Preserve is void of public facilities such as restrooms , emergency phones , etc. 5 . Provide storm water storage and filtration of public run-off in the project site by directing the storm water to discharge into the waterways flowing away from the adjacent Buffer Preserve. Rev. 6.2 10 Proposed Use and Management The proposed preservation and passive outdoor use of the project site will consist of the following major components : 1 . 1 ,000 — 4,000 square foot Trailhead Welcome Station/Environmental Museum with public bathrooms 2 . 12 ' X 16 ' picnic pavilion 3 . Wildlife observation Tower & Platform along the restored waterway 4. ADA approved nature Trail/Boardwalks to permit visitors to safely view the site ' s natural resources 5 . A 1/a mile multi-use "Rail to Trail" Greenway traveling from the Park ' s east to west property lines 6 . A 7 acre Primitive Equestrian Camp Site 7 . Playground and Tot-Lot 8 . A 12 ' wide stabilized dirt Greenway trail for motorized and non-motorized vehicles 9 . Public Parking for cars , vans, R/V 's, and trailers . The Project is consistent with/and furthers the directives adopted in the Indian River County Comprehensive Plan. The 88 . 6 acre Fellsmere Preserve will benefit the community by providing a fun, safe and inviting atmosphere promoting unity, enjoyment, fitness, environmental education and relaxation. It will also serve as an extension of and provide public access into the existing St. Sebastian River Buffer Preserve State Park. Plan Directives The key Indian River County comprehensive management plan directives that are furthered by public acquisition and management of the Project Site are as follows . 1 . Recreation and Open Space Objective 1 , and Policy 1. 1 , adopts a recreational Level of Service (LOS ) Standard of 4 acres per 1 ,000 people. The Project Site will provide over 88 acres of additional natural areas , open space and passive recreational enjoyment of the Project site 's natural environment to the current and future residents living in Indian River County. 2 . Conservation Objective 6, and Policy 6. 14, provides for the preserving (by fee simple acquisition) a minimum of 500 additional acres of upland native plant communities (since 1990) and Objective 8 directs the County by 2004 to increase public owned open space by at least 10% from the County' s 1995 total of 68 ,239 acres . Acquiring the fee simple ownership of the Project site will provide 88 acres of additional public owned lands with existing habitat for listed birds and upland islands containing Pine Flatwoods similar to the adjacent St. Sebastian River State Buffer Preserve while buffering the State's St. Sebastian Preserve from future urban impact at the heavily traveled adjacent I- 95 Interchange with County Road 512 . 3 . Conservation Objective 6, and Policy 6. 1 , directs its Administration to assist Regional , State and Federal agencies in the establishment of regional Preserves of a sufficient size to function as "wildlife corridors" (Greenways) in order to maintain viable populations of endemic plants and/or animal species and provide access routes for the public to enjoy Florida 's outdoor natural resources and recreational benefits . Indian River County' s Conservation Policy 8.6 requires its administration to give priority in acquiring land for conservation those lands that create new or enhanced resourced based narks , Greenways and recreational trail systems . Indian River County and the City of Fellsmere are furthering the directive from the City by acquiring the 88 acre project site and providing multi-use Greenway recreational trail in the center of the Project site to safely access the C54 Primary Drainage Canal, the St Sebastian River and its surrounding 22,000 acre Buffer Preserve. 4 . Conservation Objective 12, and Policy 12.5 , requires the County to establish a Conservation Land Management Program and include funding for managing lands acquired to be restored, enhance impacted wetlands and uplands and eradication of nuisance exotic vegetation. The Project site 's 11 restoration includes removing all non-native vegetation and enhancing FNAI ' s LNA status by restoring the degraded natural areas . (See Exhibit C) 5 . Protection/Enhancement of surface water quality by addressing non-point pollution through enhanced stormwater treatment. Indian River county has adopted 3 directives furthering the protection or enhancement of surface or groundwater quality as listed below : a. Policy Objective 16, and Policy 16.3, directs the County to support land acquisition coastal conservation areas such as the area where the site is located. b . Future Land Use Element Objective 7, directs the County to adopt the St. John ' s River Water Management District 's (SJRWMD) goal for maintaining a stormwater Level of Service (LOS ) Standard based on pollutant load reductions and increase stormwater quality. Acquiring the Project site containing around 56 acres of wetlands will protect and enhance the adjacent Buffer Preserve 's C-54 surface water in two ways : 1 . Construction of stormwater detention systems on the two upland islands designed for physical outdoor recreational facilities for holding and cleansing urban storing storm water runoff before being discharged overland into the Buffer Preserves wetlands will assist in protecting the Buffer Preserves water quality. 2 . Acquisition of the Project Site also eliminates the possibility of an 87 acre regional shopping center being built over most of the site that is designated by Indian River County for Commercial Land Use and Zoning. A major development could have been approved on the site(by raising the commercial development over FEMA's minimum 100 ' Flood Elevation and disrupting the adjacent Buffer Preserve 's normal surface water flow from its natural overland drainage pattern into the Project site and possibly negatively impacting the Buffer Preserve ' s sensitive environment during major storms . Commitment to Amend Future Land Use Map & Zoning Change The City of Fellsmere within a year of acquiring the site will initiate a change to the County 's Land Use and Zoning designation of the site to a Land Use and Zoning category that limits the uses of the site to conservation, outdoor recreation, and open space. Project Site "FCT" Identified (Signage and Advertising) The City will ensure that the Project Site is identified in all literature and advertising as being publicly owned and operated as a natural conservation and outdoor recreation area. All advertising and publication in and about the park will also identify that the Project site was acquired with funds from the "Florida Communities Trust" (FCT) . SECTION III - NATURAL AND CULTURAL RESOURCES Soils — Not Applicable, project site under 500 acres. Natural Communities The property remains generally in a natural condition containing seven vegetative communities that were identified on the Fellsmere Trailhead Preserve Parcel in a field observation by Miller Legg and, in conjunction with the following documents , were used to develop a map on the dominant vegetative communities on site. • United States Department of Agriculture Natural Resource Conservation Service Soil Survey of Indian River County • United States Fish and Wildlife Service (USFWS ) National Wetland 12 1 • Inventory coverage, and aerial photographs dated 2000 The classification of the vegetative communities is based on the Florida Land Use Cover and Forms Classification System (FLUCCS ) , Third Edition 1999 • The 88 acre Project Site consists predominately natural biological communities that have not been substantially impacted by human disturbances or alterations . The overall site generally represents a healthy, intact natural Floodplain Forest and Floodplain Swamp community with large specimen trees in a good canopy. Description of Natural Communities on Project Site ( Including\Imperiled or Critically Imperiled Communities) According to an FNAI letter to Jason Nunemaker, City Manager of Fellsmere, dated March 21 , 2007 , the "site appears to be located within a significant region of natural area and habitat for several rare species ." The following natural communities have been recorded at or near the site by FNAI: "Coastal River, Fresh to Brackish, Sand Pine Scrub , and remainder of the area is xeric uplands dominated by scrubby Flatwoods , dry prairie and improved pasture . "(See letter from FNAI in Exhibit Q. Field Observations by Miller Legg Engineers identifying vegetative Communities on the subject Parcel are provided below : Inventory of Natural Communities There were seven vegetative communities identified on the Project Site by the Biologist from Miller Legg Engineering . (See the Existing Natural Communities Map Exhibit C) (FCr review comment #3). FLUCCS Code Name of Natural Community FLUCCS 321 — Palmetto Prairie FLUCCS 411 — Pine Flatwoods FLUCCS 510 — Streams and Waterways FLUCCS 617 — Mixed Wetland Hardwoods FLUCCS 626 — Hydric Pine Savanna FLUCCS 641 — Freshwater Marsh FLUCCS 740 — Disturbed Land 2- acre abandoned RR ROW base 4-acre 75 ' wide Gas Transmission Easement Listed Animal Species FNAI has identified the following three listed animal species element of occurrence on or near the Project Site : Scientific Name Common Name 1 . Picoides borealis Red-cockaded Woodpecker 2 . Haliaeetus leucocephalus Bald Eagle Techniques to protect and enhance the various natural communities located on the Project Site The natural swamp species will be protected by keeping all recreational activities over 75 ' away from waterways and natural wetland areas . Visitors will be able to safely access and view the Project Site ' s natural low areas on raised Boardwalks and Observation Platforms . The upland areas will be primarily protected by utilizing Best Management Techniques (BMP) to construct all of the Preserve ' s proposed physical improvements . An emphasis will be placed on designing the structures to conform to : "Green Principles", low maintenance requirements , providing long lasting materials and retention 13 areas on the upland islands to hold and filter the urban stormwater before discharging the water east into an existing pipe culvert placed beneath the I-95 overpass . The culvert pipe connects the drainage into an existing easterly flow waterway that drains into the St. Sebastian River. The Project Site will include a nature trail connecting into both of the Project Site 's Greenway Trails . The portions of the trail that travel over low areas will be placed on raised boardwalks . The proposed Trailhead Facility/Welcome Station, a picnic area, the Equestrian orientated primitive camp ground, and the wildlife observation Tower will be placed on existing upland islands to minimize the clearing and alteration of land to protect the natural resources on site. The resource-based physical improvements will include a t/4 mile nature trail . These facilities and their location are depicted on the Master Site Plan in Exhibit G, which were identified in the FCT grant application. The City plans to restore a significant portion of the upland area community in terms of biological composition and ecological function including the planting of over-story and under- story plants . The types of vegetation to be planted are located on the upland area shown on the Master Site Plan, Exhibit G and include but are not limited to Saw Palmettos and Florida Slash Pine. The type of wetland endemic plants shown on the Master Site Plan, Exhibit G, include: Sawgrass, Red Maples, Cypress, Arrowheads , ferns and Psycotria (wild coffee Plant) (FCT review Comment #4). Implementation of a Photo-Monitoring Program The City of Fellsmere in cooperation with Indian River County shall implement a photo-monitoring program of the two primary selected natural communities on the site, the 27 acres of uplands and remaining area of the wetlands . Three photo monitoring sites will be selected at each of the two natural areas plus three sites along the old railroad bed. The photos shall be kept electronically and included in the annually required Stewardship Report. Types of Existing Invasive Exotic Plants According the Miller Legg Field Observation Report dated April 23 , 2007 , Exhibit C, vegetation along the raised utility road maintenance easement and Railroad ROW is dominated by Bahia grass (Paspalum notatum) . In addition, Brazilian Pepper (Schinus Terebithifolius) and other exotic plants are growing in the Pine Flatwoods and along the Park's southern boundary line along CR 512 . Removal of Invasive Exotic Plants The proposed resource-based management techniques include the removal of the few exotic plants such as ; Bahia grass (Paspalum notatum) and Brazilian Pepper (Schinus Terebithifolius) within the project site, adjacent to the north ROW of CR 512 , and along the two dirt ROWs running through the project site as described below : ■ 4 Acre ROW for the old Trans Florida Central Railway (Fellsmere Railroad) traveling east to west. ■ 2 Acre +/- Gas transmission Easement traveling north to south Techniques for removal of invasive plants The exotic plants will be removed by machine or hand as determined to comply with the State of Florida's BMP. Time frame for removal The exotic plants will be removed before new construction begins in the Park. See Section VII for the Time Frame recommended to remove all exotics . Time frame for re-vegetating the site impacted by invasive exotic plants. The areas where exotics have been removed shall be replanted with native Plants within eighteen months after removal . (See Section VII) 14 Yearly monitoring program to prevent re-infestation. The City of Fellsmere will monitor the site on an annual basis and continue to remove any new exotic plants. Exotic Pest Plant Council 's list of Florida 's Most Invasive Species to identify invasive exotics on the Project Site. The City of Fellsmere shall use the Exotic Pest Plant Council 's List of Florida ' s Most Invasive Species to identify invasive exotics on thee Project site. A copy of the list is included in Exhibit F. (FCT review Comment #6) Restoration Management Technique for Water Improvement Protecting the Project Site 's water quality furthers Florida ' DEP Goal to protect the State Buffer Preserve ' s natural wetlands in the adjacent 22,000 acre Park. The quality of the Buffer Preserve 's wetlands will be improved by adding plantings of native vegetation and protecting all physical activates planned for the Fellsmere Preserve from negatively impacting the State 's Buffer Preserve ' s environment. The Project site protects the Buffer Preserve by preventing the development of new septic tanks , and by reducing animal waste, fertilizers and storm water runoff. Discussion on hydrological restoration on the Project Site Presently, a 30" diameter culvert pipe is located beneath the I-95 overpass along the Project site ' s eastern boundary line . The culvert pipe was designed to allow storm water runoff generated from both the Project Site and the adjacent Buffer Preserve to drain easterly into the St. Sebastian River after major storms . The proposed project includes installing an engineered baffle to hold additional storm water storage in the wetlands before discharging into the Culvert Pipe. The wetlands will serve as a natural purification system to cleanse the nitrates and other toxic urban runoff. The Project Site construction schedule also includes removing a dirt berm on the east side of I-95 which prevents the culvert pipe from working efficiently. Time frame for initiating and completing the restoration program The augmentation of the Park 's existing storm water storage program will be completed in the Park before construction of recreational amenities . See Section VII, for the Time Frame recommended to upgrade the Park 's storm water storage and purification system on the Park' s Master Site Plan, Exhibit Q Prescribed Burn Plan The Prescribed Burn Plan, including 20 ' wide clear fire lanes constructed along the Park's two perimeter boundaries abutting the State Park shall be implemented for the Pine flatwoods located on the subject property. A vegetation analysis of the remainder of the project site shall be performed to determine areas needing a prescribed burning regime implemented to maintain natural fire-dependent vegetative communities . The development of a prescribed burn plan shall be coordinated with the Division of Forestry and FDEP' s Park Manager. Rev. 6.2 The Burn Plan should be prepared within the next several years and address different burn cycles of the subject property' s various vegetative communities based upon the availability of Public funds to meet the Program. The Plan will also address the location and maintenance of firebreaks . The City will provide a Graphic Display in its future Trailhead structure describing the need to provide regular burning of the under bush and implement a neighborhood outreach program to inform residents of the benefits of prescribed burns . (FCT review Comment #5) . 15 Feral Animal Program There is no evidence of feral animal problems on the property at this time except for feral wild hogs . When noted, these destructive feral hogs, dogs and cats will be removed by County animal control staff. Feral animal control efforts on the property will begin within six months after County staff begins active management of the property. Listed Plant Species Field Observations by Miller Legg Engineers identifying vegetative Communities on the subject Parcel are provided below : There were seven vegetative communities identified on the Project Site by the Biologist from Miller Legg Engineering. (See the Existing Natural Communities Map Exhibit C) (FCT review comment #3). FLUCCS Code Name of Natural Community FLUCCS 321 — Palmetto Prairie FLUCCS 411 — Pine Flatwoods FLUCCS 510 — Streams and Waterways FLUCCS 617 — Mixed Wetland Hardwoods FLUCCS 626 — Hydric Pine Savanna FLUCCS 641 — Freshwater Marsh FLUCCS 740 — Disturbed Land 2- acre abandoned RR ROW base 4-acre 75 ' wide Gas Transmission Easement The City of Fellsmere shall use the FNAI Notification Form to identify new native plant species identified on the Project Site. (See Exhibit E) Listed Animal Species FNAI has identified the following three listed animal species element of occurrence on or near the Project Site : Scientific Name Common Name 1 . Picoides borealis Red-cockaded Woodpecker 2 . Awaous banana River Goby 3 . Haliaeetus leucocephalus Bald Eagle FNAI plant and animal species reporting forms are included in Exhibit E. Inventory of the Natural Communities - Monitoring Cycle for Natural Communities Annual monitoring surveys of plant and animal species will be instituted to help evaluate progress toward the City's resource management goals . Appropriate FNAI field report forms will be used annually to report any occurrences . 16 Forest Resources — Not Applicable SECTION IV - SITE DEVELOPMENT AND IMPROVEMENT Acknowledgment Sign The City of Fellsmere is committed to placing at least one acknowledgement sign identifying The Fellsmere Preserve as being purchased with funds from "Florida Communities Trust" . The sign shall be at least 3 ' x 4 ' in size and include the Florida Communities Trust logo and the year the site was acquired and located at the entrance of The Fellsmere Trailhead Preserve. Existing Physical Improvements The upland developed area is comprised of a 75 ' wide raised dirt utility roadway Maintenance Easement and railroad bed . Vegetation along the roadway is dominated by Bahia grass (Paspalum notatum). The vegetation along the railway bed overlaps into the adjacent habitats . Florida Natural Areas Inventory (FNAI) findings stated the site does meet the FNAI criteria for a Locally Significant Natural Area. In addition, the Florida Fish and Wildlife Conservation Commission findings stated that the site contains wetland habitats suitable for the Red-cockaded woodpecker (Picoides borealis) and numerous species of wading birds . The Project site is contiguous and comprised of the same habitat as the St. Sebastian River Buffer Preserve State Park (SSRBPSP) which is part of the Great Florida Birding Trail and has been recognized as one of the top birding locations in the United States . Many diverse species of birds utilize the SSRBPSP during migration, such as the swallow-tailed kite, various songbirds , hawks, and hummingbirds . Resident birds at the SSRBPSP include the endangered red-cockaded woodpecker and wood stork (Mycteria Americana), and the threatened Florida scrub jay (Aphelocoma coerulescens) . (See Exhibit C — Miller Legg Report) • Construction, Management and Operation of a complete Trailhead facility at the entrance to the recreational activities (with a drinking fountain) provided in the Buffer Preserve. • Two 1/a miles in length bisecting Multi-use Greenway trails, with public benches , will be provided on the Project site. o The proposed western extension of the east-west non-motorized Greenway trail will follow the old raised Trans Florida Central Railway roadbed. o The proposed Multi-use Greenway furthers Indian Rivers ' Board of County Commissioners Greenway Master Plan and directly ties into the St. Sebastian River State Buffer Preserve. o The north- south multi-use Greenway trail follows the cleared and raised 75 ' wide Gas Transmission Easement north from Highway 512 to the seven (7 ) acre upland island at the northwest corner of the Park adjacent to the Buffer Preserve on two sides . • The 7 acre upland area may also contain equestrian primitive overnight camping with areas for horses , & bicycle racks . The public amenities will include water troughs, waste baskets , picnic table and grills . • A Sidewalk shall be provided along the property's south boundary line along CR512 . The sidewalk will link the project site with adjacent residential neighborhoods planned to the south and east of the subject property. • A significant portion of the upland area on the project shall be planted with native vegetation. • The 75 ' wide maintenance Easement will be tested to determine if the bearing capacity of the filled maintenance easement is adequately safe for police, fire, utility and other motorized outdoor recreational vehicles to travel on the Greenway in order to reach the camp grounds . • Bury utility lines, if possible. 17 An acknowledgment that any proposed modification of the Management Plan and/or undertaking any site alterations or physical improvements that are not addressed in the Recipient 's approved Management Plan requires prior FCT review and approval . Landscaping The Park 's proposed flora shall generally consist of native species identified by the Miller Legg report such as the Palmetto Prairie, Pine Flatwoods , Streams and Waterways, Mixed Wetland Hardwoods, Hydric Pine Savanna, Freshwater Marsh, and Disturbed Land. Prior to installing any landscaping, a landscape drawing shall be prepared by a licensed Landscape Architect. The Conceptual Landscape Restoration Plan showing the proposed locations and amount of proposed native plants scheduled to be installed on the Project site is provided on the Park 's Master Site Plan, Exhibit G All proposed parking areas shall be shaded by either existing or proposed native trees . See Section VI for the time frame and estimated cost in 2007 figures . Wetland Buffer Mitigation Approximately 2/3 of the subject property is located within the 100 year Flood Zone and contains remnants of native wetland vegetation. The City' s design and construction of the subject property shall protect a significant amount of the wetlands by addressing hazard mitigation principles such as : placing a nutrient Berm around all upland islands , possibly filling in the north south drainage canal and restring the site ' s natural drainage flow to the southeast. HUD ' s 100- year floodplain locating the subject site is provided in Exhibit "0 '. (FCT review Comment #713 ). The City proposes to place a Wildlife observation Tower in the center of the site on an upland island surrounded by the existing wetlands and connected to the upland areas by raised wood Boardwalks . An Observation Platform will be placed along the boardwalk adjacent to an existing drainage canal located on the eastern side of the 75 ' Gas Maintenance Easement . The Design Specifications for the Tower, Boardwalks and Observation Platform will be "Old Florida" style and focused on "Green Building" design to minimize their impact to the Park' s existing environment during/after construction and during the wetlands routine maintenance. Parking Impervious public parking will be located at the Trailhead, Playground and the primitive equestrian campground on stabilized crush rock. Each parking area shall generally not exceed '/a acre in size or 25 parking spaces . A 100 ' foot buffer shall be provided between the parking lots and the adjacent wetlands In the future, the Trailhead parking could be upgraded by placing a dustless surface over the rock base. Wheel stops shall be placed 18" from the front of each parking space and be composed of either wood or plastic wood . One 12 ' wide handicap space with a 5" walkway shall be provided in each lot adjacent to the major activity. Section VI in this Report identifies the Time Schedule to construct each element and their estimated construction and maintenance cost. Proposed Stormwater Facility for the project site 1 . Designed to provide recreation open space or wildlife habitat 2 . For environmental protection purposes , a 12" swale and 6" nutrient Berm shall be placed around : • The Trailhead Visitors Island — located at the SW corner of Park • The Primitive Camp Grounds — located at the NW corner of the Park Education Signs Interpretative signs describing the specific types of flora and fauna that may be viewed in the Park and the adjacent 22 ,000 acre St. Sebastian River State Buffer Preserve will be placed along the new nature trail , the Trailhead, along the nature/boardwalk trail and around the base and deck of the proposed wildlife Observation Tower. An informative Kiosk will be placed along CR 512 near the Park 's entrance for visitors to learn more 18 about the Park' s natural and historical significance. There, visitors may also pick up and read information regarding both the Buffer Preserve and the City Park's environmental outdoor recreational benefits . Section VI in this Report identifies the Time Schedule estimated to be required to obtain the funds , design and construct each of the Park ' s elements and their estimated construction and maintenance cost. Education Program At least 12 environmental and/or historical education classes or programs will be taught per year at the project site. The classes will be held at the proposed Trailhead/Welcome Station, the nature trails, Observation Tower and raised boardwalks . The City will manage the Programs and is reviewing the optional benefits for conducting classes by either trained educator(s) or resource professionals . The programs shall be scheduled to begin within one year after construction of the Trailhead facility. Museum and Nature Center The Park' s "Old Florida Style" Welcome Station/Museum, Nature Center and Trailhead building will contain approximately 1 ,000 to 4 ,000 square feet of air conditioned area. Artifacts , graphics , photos and brochures will be displayed and used to describe : • The area 's existing Pine flat wood natural flora, and fauna • Description and information on the adjacent Buffer Preserve 's, and the St. Sebastian River. • Historical significance of the Trans Florida Central Railroad 's ability to bring visitors and home owners to the City of Fellsmere after reaching the St. Sebastian Inlet by boats • Passive recreational activities , the natural Native vegetative species, and artifacts found on the project site will be displayed in the museum. The museum will be scheduled to provide year round educational classes or programming. The building will also include a "Nature Center" for visitors to receive resource and informational Maps of the area and natural resources . Native fruit, juices , etc. will be provided to visitors. All funds received from sale of materials will directly assist in the maintenance and upkeep of the Center. The Nature Center will initially be staffed during the weekends from 9 : 00 AM to 5 : 00 PM . After several years in operation, as visitors grow in numbers , the facility' s hours of operation will be expanded to the full week. Permits The City anticipates permits for the Project Site 's proposed improvements will be required to be issued from the St. John Water Management District, ACOE, Florida DEP, FWC , Indian River County. Easements, Concessions, and Leases A 100 ' wide abandoned Railroad ROW transverse through the site east to west. The Park will utilize this space to construct and link a multi-use Greenway trail into the adjacent Buffer Preserve . A 75 ' wide Gas Transmission Easement transverses the site from north to south. The Park intends to utilize the stabilized surface for motorized and non motorized, emergency and service vehicles and horse trailers to travel from CR 512 north to reach the primitive campground located adjacent to the Buffer Preserve and the County's Regional Greenway Corridor. The adjacent Owner of an eight ( 8) acre commercial shopping center site has agreed to donate a 1 . 5 acre Conservation Easement to the Town that abuts the southeastern section of the project site at no cost. The donation represents over $ 100,000 savings to the overall project's purchase price. 19 At the present time, the City contemplates issuing either a lease or concessions agreement with a private provider to provide services at the Trailhead facility and educational classes at the Project Site. The City will forward to FCT for their review and approval any proposed easement leases or concessions within the Project Site prior to execution. The City will provide 60 days prior written notice and information to FCT regarding and sale or lease of any interest, the operation of any concessions , any sale or option to buy things attached to the Project Site, the granting of any management contracts, and any use by any person other that in such person 's capacity as a member of the general public. The City commits to place any fees collected on the Project Site in a separate account to be used for the upkeep and maintenance of the Project Site. Americans with Disability Act / Building Code Compliance Public access to the Project Site will be provided in compliance with all applicable state and federal construction and access standards , including the Americans with Disability Act. The City will make every reasonable effort to ensure that the Project Site is accessible and useable for disabled persons with a special emphasis on access for disabled children to allow them to participate in environmental education and recreational activities on the Project Site. SECTION V - MANAGEMENT NEEDS Coordinated Management with the St. Sebastian River Buffer Preserve State Park The City of Fellsmere recognizes the need to coordinate the Project site 's natural environmental resources with the adjacent Florida DEP' s Buffer Preserve . (See Exhibit B Public Lands Map showing the project and other public or conservation lands within a 3 mile radius) . The City has met with representatives from the Buffer Preserve twice to receive their input before preparing this Management Plan. The Representatives have agreed to the following : • Coordinate the east/west Greenway Trail connection to the Buffer Preserve with FDEP. • Participate in the Project Site 's ongoing Technical working group • Review the draft Management Plan for technical input • Provide coordinated "prescribed burn" assistance • Provide ongoing environmental coordination as needed The City of Fellsmere will coordinate management of the Project Site with other adjacent land managers as follows : 1 . The preservation and development of any outdoor recreation facilities (such as the equestrian campgrounds , required stormwater drainage and the Regional Greenway connection to the Buffer Preserve) within the resource areas will be coordinated with various entities , and state and regional entities . Coordination activities and partners include the following: a. The Florida Fish and Wildlife Conservation Commission to avoid impacts to listed species . Rev. 6.2 b . The St. John 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 and protect listed species . c . The Division of Forestry and the Conservation Commission on the protection of natural resources . d. The Florida Natural Areas Inventory (FNAI) on the recording of any listed species . e . Indian River Historical Commission to review proposed Greenway Improvements . f. Florida DEP for coordinating linking the old "Dinky" Railroad bed ' s Greenway Trails together 20 Draft Management Plan #4 has been sent to the above-listed cooperating agencies for review. To date, we have received no negative comments . The City will request that all regulatory and related agencies assist in the development of strategies to protect and manage the resources and remove/maintain the exotics on the Project Site and the Rail Road Roadbed that links the two Parks together. The State has agreed to permit the City to open the gate at their common property line every morning and close at dusk to permit public access into the Buffer Preserve. The City will , during the first year after acquisition, meet with representatives of the State DEP and review possible existing and proposed shared facilities to manage the environment on the project site. (FCT review Comment # 14) . The project site is located within a Strategic Habitat Conservation Area (SHCA) . Listed species habitat will be enhanced by the City in two primary methods . 1 . Burn Plan 2 . Restoring the project site ' s natural drainage flow to the east and south which will also enhance the natural drainage of the adjacent St. Sebastian Buffer State Park (FCT review comment #7). The passive outdoor recreational facilities planned for the Project Site were specifically selected due to both their compatibility with and ability to provide enhanced public access into the adjacent State Buffer Preserve Park. The Park' s proposed stabilized Greenway Trail will provide access into the St. Sebastian River Buffer Preserve State Park. Comments from adjacent public land managers regarding the proposed Management Plan are located in Exhibit L. Trail Network The Project Site ' s proposed Trailhead facility and nature trails will enhance and connect to Indian River County' s regional land-based recreational Greenway trail systems and will therefore enhance the statewide recreational trail system. The Project Site will offer equestrian recreational users the opportunity to stop at the Park overnight or for a brief rest with public water and shaded facilities . Bicyclist and joggers utilizing the County's regional Greenway Trail can pull of the trail for a break to rest and obtain emergency or recreational supplies . They will be welcomed to take a walk on the Park' s nature trail while passing through the Park to reach the State ' s Buffer Preserve and points further west in the future. See Exhibit B, Public Lands Map showing the Project Site and other public or conservation lands within a 3 mile radius . Proposed Linking sections of the Fellsmere Railroad bed Greenways Together The project site includes the old rail bed for the Trans-Florida Historic Railway. The development and management of the project site shall be coordinated with the agencies managing the Trans-Florida Central Railway Trail , to ensure the project site is managed as part of a linked land-based trail system. Robert S . Carr, Archeologist, prepared a Phase 1 , site Historical Survey of the subject property and the following information was sent to the City in a letter dated April 25 , 2007 as summarized below : • "81RII83 Dinky Line (Fellsmere Railroad) Bed The remnants of the Fellsmere RR grade traverse the subject parcel (east to west) . The railroad was built in 1885 and was eventually abandoned. The ties were removed but the grade still Rev. 6. 1 exists . The Florida Master Site File Form for this site was recently revised to encompass a 2 . 5 mile transect of the railroad line that includes the segment within the subject parcel . The site is considered potentially eligible for listing in the National Register of Historic Places . " The Fellsmere Rail Road Bed will provide the continuity to link east and west portions of Indian River County together and further Indian River County, its Historical Society and City' s trails and greenway major Goals. See Exhibit #I for a copy of the County' s adopted Greenway Map identifying the need to preserve the Dinky Rail Road Corridor for Multi-use Greenway purposes . (FCT review Comments # 15) 21 If during land clearing or ground disturbing activity, a historical resource is discovered, the City will stop the specific operation and notify the Division of Historical Resources immediately if evidence is found to suggest an archaeological or historic resource at the project site . The City shall take appropriate measures to protect the resources and request an Archeologist to inspect the area of the site again. (FCT review Comments #849) The City' s management of the archaeological and historic resources shall comply with the provisions of Chapter 267 , Florida Statues specifically Sections 267 .061 2(a) and (b) . (FCT review Comments # 11 ) The collection of artifacts or the disturbance of archaeological and historic sites on the project site will be prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources . (FCT review Comments # 10) The City intends to safely connect the Subject property' s Multi-Use Greenway trail to its eastern counterpart on the other side of the I-95 Highway in two manors : 1 ) Connect the Greenway trails on both sides of I-95 by the new concrete sidewalk being constructed beneath Interstate 95 ( I-95 ) . 2) Construct in the future either an ADA approved multi-purpose bridge over I- 95 or - tunnel beneath I-95 in the Rail Road ROW to link the ends of the trails together. (FCT review Comments # 16) Indian River County adopted a Greenway Resolution that develops a comprehensive non-motorized Greenway system to link the St. Sebastian Inlet along the Atlantic Ocean at the eastern side of the County west to the State 's Buffer Preserve Park and the City of Fellsmere. The Project Site will be directly linked into the County's adopted Greenway Corridor. By purchasing and managing the Project Site, Indian River County will be able to further its plan to link conservation and recreation lands and trails through out the area. The Project Site shall be managed as part of a community-wide recreational trail system that connects the Project Site with other parts of the community and promotes alternative modes of transportation to enhance the County' s Eco-tourism opportunities . The City is coordinating with Indian River County the method to provide a regional Greenway trail in the Project Site and into the State 's Buffer Preserve . Representatives from Florida DEP Land Management are assisting the City to insure that the Greenway Trail, the Trailhead facilities and the equestrian campgrounds are compatible with and further the State 's goals for purchasing the Buffer Preserve and protecting its natural resources . A letter from FDEP shall be obtained approving linking the State ' s Park to the Buffer Preserve and will be attached as Appendix 3. The City will keep all development activities at minimum of 75" awayfrom rom the Buffer Preserve ' s boundary lines (the Protection Zone) . The City of Fellsmere is also finalizing an agreement to receive a Conservation Easement from an adjacent land owner to add their 1 . 5 acre Conservation Easement into the City's proposed Preserve Park. Future Required Interlocal Agreement(s) The City shall send to FCT a copy of any proposed Interlocal Agreement(s) thirty dates before the City' s execution that will be required to set forth the fiscal and management responsibilities of the City, County and/or adjacent State Buffer Preserve . (FCT review Comments #20) Ecological Wildlife Corridor Exhibit I. 1 depicts the Project Site 's relationship to the adjacent Indian River County Greenway Trail and the St. Sebastian River Buffer Preserve State Park, The Project Site shall provide opportunities to birds and small wildlife to travel from the Buffer Preserve into the 88 acre Fellsmere Preserve. The City shall continue 22 implementing and coordinating resource protection activities and management efforts among local , regional and state agencies by holding regular technical working group meetings with representatives from all of the stated Agencies . Optimal Boundary There is a single 9 . 99 acre commercial out-parcel adjacent to SR 512 located close to the center of the Park ' s south property line that could be purchased by the public to help square off the Park and prevent future negative commercial impact to both the State ' s and City' s Preserves and the C-54 Primary Drainage Canal . The Project site ' s Environmental Management will be protected by removing the possibility of adding in the future new septic tanks , pesticides and urban runoff from the adjacent parcels of land. (See Exhibit J, Optimal Boundary Map . ) Public Involvement The City of Fellsmere has held the following discussions with applicable regulatory land managers , public meetings and public hearings to obtain public involvement and local government participation in the development of the plan: • City Council Public Hearing to review proposed Conceptual Master Plan • County Council Public Hearing to review proposed Conceptual Master Plan and request for 10 % of acquisition cost. • Indian River County' s Land Advisory Acquisition Committee Public Hearing to review proposed Conceptual Master Plan and request for 30% of acquisition cost. • Indian River County's Conservation Advisory Committee Public Hearing to review proposed Conceptual Master Plan and request for environmental technical assistance • Public Meeting with FDEP and SJRWMD regulatory managers prior to completing Management Plan • Preliminary review of the Master Plan by the SRWMD Public comments and concerns expressed See Exhibit M for relevant correspondence, minutes , etc. Maintenance Identification of maintenance required for the upkeep of the project. The following activities are identified as main tasks for the grounds maintenance facilities maintenance for this project : • Landscape Maintenance • Mowing • Natural Areas Preservation and Exotic Invasion Plant Eradication • Trash and Litter Clean Up • Paved Areas Sweeping • Building Maintenance • Janitorial Services • Waste Removal • Lighting and Electrical Maintenance • Utilities Maintenance • HVAC System Maintenance • Maintenance Management and Supervision 23 The City will remove or enter into agreements with third parties to remove trash on Project Site and use County employees , volunteers and community groups to keep the Project Site clean and ensure the upkeep of facilities . Security CPTED Design Measures The City of Fellsmere Police Department Staff and City Staff will provide security on the Project Site. Security measures to be implemented to protect the Project Site and the public from vandalism, theft or assault, including natural landscape barriers along the adjacent property lines wherever feasible, and police patrols . The Police Department will develop a security / emergency plan of action that identifies key individuals subsequent to acquisition and will be implemented into the management plan. Two gated entrances from CR 512 and police surveillance measures will safely protect the Park. The City will submit construction plans for the park when they are 70% completed to a certified Crime Prevention through Environmental Design (CPTED) Officer for input and comments . The City intends to keep the front portion of the site along CR 512 open for view-ways by maintaining all vegetation between the heights of 3 ' to 8 ' for police security and public viewing . Currently, a fence is located on all three (3 ) sides of the property. The City intends to keep the fences and add a rural orientated fence along the forth side adjacent to CR 512 in order to protect the site from unwanted visitors . Two separate entrance gates will be placed along CR 512 . One gate with lock will be at least 24 feet wide for vehicles and safety equipment placed at the entrance to the service road that will be utilized by vehicles and trailers to reach the Project site ' s primitive camp ground. A second 20 ' wide gate with lock will be placed at the Trailhead/museum parcel located at the southwestern portion of the Project site multi-purpose entrance into the Park. A third gate currently is maintained by FDEP at the west end of the Project site 's railroad right of way. Locks may be selected that automatically activated at dawn to open and dusk to close or controlled by the City's staff or contract staff. The City shall utilize an "Old Florida" Sign Identification Program for Park entrance and identification signage . The park rules and hours of operation will be clearly displayed at the Parks entrance(s) . Rev.6A The City does not anticipate having any staff on site at all times but rather on site as services are required. Staff will be provided by the City and various community organizations on the Project Site during the special events and educational programs conducted on the site. Indian River County has also been requested to provide environmental technical assistance to the Preserve . After the project is completed, the City anticipates it will need one part time director and between three (3 ) to five (5) volunteer staff members to operate the nature center on the project site in accordance with this Plan ' s educational and other required management objectives . The City' s Public Works Department will maintain the outdoor area of the project site. (FCT review Comments # 17) 24 SECTION COST PROJECT SCHEDULING • 2008 • 2014 • . FUNDING SOURCES � 2010 2017 201 ? 2013 2014 Grant Writing Description St•� rt 1 � Budget Days Finish' Finish Pin E3udnet 2008 2009 - � 201 Qvmplcted ti for 1 Dec1 • • Construction Funds I I Archeological Survey 90 Jan 2007 Mar2007 Complet e I I ITFFTTTTI Interagency 2258 Jan 2007 Dec1 1 Coordination Comments ns Annual Stewards] ii i : :1 • 240 Dec11 Dec1 1 Report I: ; � : � I I I UIT" Amend Fut ii • • 1 . 11 11 ' 11 DesignationTr TTFTIT Plant / Animal Surveys 1 Feb 2008 Mar 2008 Complet Soils • 008 Apr 2001 111 Amend Zon i 1 . 1 Mar 2008 Jun 2008 :4)() TTTM Designatio Site Survey 45 Jul 1 • Sep 2009 1 7-771 D •ill iiii1eirl II;Ii1 • . 1 / • 2010 11 Construction Drawings I I TFTT [CCu • / 1 1 1 —ITFTI--FFT TTT • 2010 Sep 2010111 1 77 Selecting a GC / • : 1 Jan 20102010 1 Contractors (RFP Award) M I . . J * a R 2010 2011 20 12 2013 2014 DaVs Finish Finiwh Fiji BL] dgCt 2008 2009 2015 Completed Boardwalks 30 Sep 2011 Oct 2011 $287,000 Primitive Camp Sites 30 Oct 2011 Nov 2011 $108,000 Children's Playground 30 Jan 2012 Feb 2012 $213,000 and Tot Volley Ball Sand Court 15 Jan 2012 Jan 2012 $5,000 Horseshoe Pit 15 Feb 2012 Feb 2012 $ 500 Parking 60 Oct 2011 Dec 2011 $56,000 Sidewalks 30 Nov 2011 Dec 2011 $44,000 Hardscapes (Benches / 30 Feb 2011 Mar 2012 $10,000 Rev. Garbage Cans / Bike 62 Racks) RLandscaping 30 Feb 2011 Mar 2012 $100,000 Signage 30 Feb 2012 Mar 2012 $10,000 Construction 600 Nov Apr 2012 $176,000 Management 2008 Rev. Feb. 15. 2007 Prepared by: Synergy Solutions for Florida, LLC 27 2010 2017 2012 2013 201 } ' Description Slam � Budget Da �� s Knish Finish fin Budget 200 2009 2U1 � Com � letcd Ongoing • • Dec ' On InteragencI �•! • 00Dec • • . Outdr• • atior Going Coordination • • Monitoring00Dec Goir Educational Programs 1005 Apr 2012 Dec 2014 On Going Water Quality or 00Dec Hydrological Improvements Prescribed Burn Plan 1005 I Going Final Reporting 30 Nov ' Dec 2014 On Feb. I Going 111 IT11 15. 2007 Prepared Synergy Solutions 1r Florida Funding Sources : Developer • Capital • CRA Improvement Programs Rev. 6. 2 r SECTION VII - PRIORITY SCHEDULE The priority elements for developing in the Park shall be divided into five (5) sections: 1 . Remove exotic vegetation and secure the sit 2. Install new natural landscaping 3 . Develop the primitive camp grounds 4. Construct Boardwalk, environmental signage, trails, etc. 5 . Develop Trailhead/Welcome Station and Playground area SECTION VIII - MONITORING AND REPORTING An annual Stewardship Report, due on October 30th (FCT review Comments # 19) of every year, will be compiled by the City of Fellsmere and submitted to both Florida Community Trust and Indian River County. The Annual Report will include a review of the provisions of this management plan and will serve to update the resource inventories for the property on file with FCT. To provide an annual progress assessment, the Annual Report will provide numerical descriptions, where possible, of progress made in the meeting management objectives of this plan, such as acreage and percentage figures for exotic plant removal , native plant restoration, etc . The city of Fellsmere will forward listed species information to the Florida Natural Areas Inventory on appropriate forms, concurrently with filling the Annual Report. Through the annual reports or by separate correspondence, the City of Fellsmere will request written approval for revision of the management plan from FCT. No site alterations or physical improvements that are not addressed in the approved management plan will be initiated without prior approval or plan revision. 29 1929357 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2272 PG : 1035 , 06 / 16 /2008 12 : 41 PM This document prepared by: Kristen L. Coons, Esq. Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 FLORIDA CONDAUNITIES TRUST FF7 AWARD #07-030-FF7 FCT Contract #0&CT=C 1 -07-17741 -030 FELLSMERE TRAILHEAD PRESERVE DECLARATION OF RESTRICTIVE COVENANTS THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES 'TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF FELLSMERE, a local government of the State of Florida ("Recipient") , THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS : WHEREAS, the intent of this Agreement is to impose terns and conditions on the use ofthe proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds, as described in Exhibit "A" attached hereto and made a part hereof("Project Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259. 105, 259. 1051 and Chapter 380, Part III, Florida Statutes, WHEREAS, Chapter 380, Part III, Fla. Stat. , the Florida Communities Trust Act, creates a non-regulatory agency within the Department of Community Affairs ("Department") that will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their 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, FCT is funded through either Section 259. 105(3Xc), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (225/6), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; DRC107-030-FF7 4 / 8 / 2008 1 BK : 2272 PG : 1036 WHEREAS, Rule 9K-7.009( 1 ), Florida Administrative Code ("F.A.C. "), authorizes FCT to impose conditions for funding on those FCT applicants whoseprojects have been selected for funding; WHEREAS , FCT has approved the terms under which the Project Site was acquired and the deed whereby the Recipient acquired title to the Project Site. The deed shall contain 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 9, Article XII of the State Constitution and it shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund C'Trustees') upon the failure of the Recipient to use the Project Site acquired thereby for such purposes, and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the Recipient for Project Costs. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and the Recipient do hereby contract and agree as follows: I. PERIOD OF AGREEMENT 1 . This Agreement shall begin upon execution by both parties. The covenants and restrictions contained herein shall run with the Project Site and shall bind, and the benefit shall inure to, FCT and the Recipient and their respective successors and assigns. II. MODIFICATION OF AGREEMENT 1 . Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE COVENANTS 1 . Upon execution by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of Indian River County, Florida, and in such manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees and charges incurred in connection therewith. 2 . The Recipient and FCT agree that the State of Florida Department of Environmental DRC107-030-FF7 4 / 8 / 2008 2 I BK : 2272 PG : 1037 Protection shall forward this Agreement to the 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 Florida Forever Bonds is not jeopardized, FCT and the Recipient shall amend the Agreement accordingly. IV. NOTICE AND CONTACT L All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. Any such notice shall be deemed received on the date of delivery if by personal delivery 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: Program Manager Recipient: City of Fellsmere 21 S . Cypress Street Fellsmere , FL 32948 - 6714 ATTN• City Manager 2. In the event that a different representative or address is designated for paragraph 1 . above after execution of this Agreement, notice of the change shall be rendered to FCT as provided in paragraph 1 . above. V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375 AND CHAPTER 3809 PART 1119 FLA. STAT, 1 . 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 State of Florida. 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 3 . If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division ofForestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water DRC107-030-FF7 4 / 8 / 2008 3 BK : 2272 PG : 1038 Management District who agrees to accept title and manage the Project Site. 4. 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 Recipient shall deposit with 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. FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from FCT, 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 shall 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, VI. MANAGEMENT OF PROJECT SITE 1 . The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for compatible passive, natural resource-based public outdoor recreation, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Management Plan approved by FCT. I 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 applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient. 3 . The 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. 4 . The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereofnot in conformity with the Management Plan approved by FCT. 5 . 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, 6. All buildings, structures, improvements and signs shall require the prior written DRC10M30-FF7 4 / 8 / 2008 4 BK : 2272 PG : 1039 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, b improvements, signs, vegetation removal or land alterations will not uildings, adversely impact the natural resources of the Project Site. FCT' s approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 8 . As required by Rule 9K4.013 , F.A.C. , each year after FCT reimbursement of Proj ect Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the Progress made on implementing the Management Plan, VII. SPECIAL MANAGEMENT CONDITIONS The Management Plan for theproject site is mentioned throughout this Agreement, and is Particularly described in Section IV. 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 receivedscoring points or observations made by the FCT staffduring the site visit described in Rule W4. 009( 1 ), F.A.C. : 1 . The following recreational facilities including picnic pavilion, wildlife observation tower, wildlife observation platform and playground 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, at a minimum size of Y x 4', shall be maintained at the entrance area of the project site. The sign shall acknowledge that theproject site was purchased with funds from the Florida Communities Trust Program and the Recipient. 3 . An interpretive sign or kiosk shall be provided on the project site to educate visitors about the natural environment of the area. 4. At least 12 regularly scheduled educational classes or programs shall beprovided at the project site per year. These programs shall promote the protection of environmental resources. 5 . A staffed nature center shall be developed on the project site to provide year round education classes or programs. DRC107=030-FF7 4 / 8 / 2008 5 BK : 2272 PG : 1040 6. The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 7 . The project site shall be managed in a manner that protects and enhances the listed and non-listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. 8. A prescribed bum plan shall be implemented for the pine flatwoods, A vegetation analysis of the remainder of the project site shall be performed to determine which areas need a prescribed burning regime implemented to maintain natural fire-dependent vegetative communities. The development of a prescribed burn plan shall be coordinated with the Division of Forestry. A fire line shall be developed between the adjacent development and the project site. 9. The location and design of any parking facility shall be designed to have minimal impacts on natural resources. The parking area shall incorporate pervious materials wherever feasible. 10 . Any proposed stormwater facility for the project site shall be designed to provide recreation open space or wildlife habitat. 11 . A significant portion of the upland area on the project shall be planted with native vegetation. 12. A significant portion of the wetland area on the project shall be planted with native vegetation. 13 . 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. 14. A feral animal removal program shall be developed and implemented for the project site. 15 . An archaeological and historical survey of the project site shall be conducted prior to any development activity. The results of this survey shall be reviewed in conjunction with the Division of Historical Resources to develop an appropriate protection plan for any archaeological and historic resources identified on the project site. Information on significant historical and archaeological sites shall be provided to the Division of Historical Resources for the purpose of updating the Florida Master Site File. 16. Sidewalk access shall be provided that links the project site with adjacent residential neighborhoods. DRC\07-030-FF7 4 / 8 / 2008 6 BK : 2272 PG : 1041 17. Bike racks shall be installed to provide an alternative to automobile transportation to the project site. 18 . Management of the project site shall be coordinated with the land managers of the adjacent conservation lands. 19 . A nature trail of at least 1/4 mile shall be provided on the project site. 20. The development and management of the project site shall be coordinated with the agencies managing the Trans-Florida Central Railway Trail, to ensure the project site is managed as part of a linked land-based trail system. 21 . The project site shall be protected and managed as part of an ecological corridor within the County' s designated St. Sebastian River Greenway. VIII, OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1 . FCT is authorized by Section 380.510, Fla. State to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever 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. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," 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 these disallowable activities 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. as any sale or lease of any interest in the Project Site to a governmental agency or a non-governmental person or organization; be the operation of any concession on the Project Site by a non-governmental person or organization; co any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; do any use of the Project Site by a non-governmental person other than in such person' s capacity as a member of the general public ; DRC\07=030=FF7 4 / 8 / 2008 BK : 2272 PG : 1042 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 for the Project Site with a non-governmental person or organizations or ge such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3 . If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph III. I . above, at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT 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. IX. RECORDKEEPING; AUDIT REQUIREMENTS 1 . The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8 : 00 a.m. to 5 : 00 p.m., local time, Monday through Friday. DRC\07=030=FF7 4 / 8 / 2008 8 BK : 2272 PG : 1043 2 . If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215 .97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10. 550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General . In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non-state entity for Federal program matching requirements . The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the requirements of Section 215 .97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215 .97(2)(d), Fla. Stat. and Chapter 10. 550 (local government entities) or 10. 650 (nonprofit organizations), Rules of the Auditor General. 3 . If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215 .97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215 .97 , Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following . Department of Community Affairs (at each of the following addresses) : Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address : Auditor General ' s Office Room 401 , Claude Pepper Building 111 West Madison Street DRC\07-030-FF7 4 / 9 / 2009 9 BK : 2272 PG : 1044 Tallahassee, Florida 323024450 5 . If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215 . 97, Fla. Stat performed by an independent certified public accountant ("IPA") who shall either be a certified public accountant or a public accountant licensed under Chapter 473 , Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above . X. DEFAULT; REMEDIES ; TERMINATION 1 . If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service . The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT' s position that all curing activities shall be completed within one hundred twenty ( 120) days of the Recipient' s notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient' s request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. XI. STANDARD CONDITIONS DRC\07-030-FF7 4 / 8 / 2008 10 I BK : 2272 PG : 1045 L This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2 . No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. 3 . The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 =336, 42 U. S . C. Section 12101 et seg . , if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4 . A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5 . No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement including Exhibit "A" embodies the entire agreement between the parties . IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. DRCWM30-FF7 4 / 8 / 2008 it BK : 2272 PG : 1046 Witness: CITY OF FELLSMERE, a local government of the S of Florida By: h , Tint Name: i:L C14 Date: a4,t ag a00 8 Print Name : A] qdA Approved as to 1 orm an Legal' By: � Print Name: 14VIrm STATE OF FLORIDA COUNTY OF INDIAN RIVER The going in for s en was acknowledged before me this ��i3ay of 2008 , by 1L 0 2u( on behalf of the Local Government, and who is pfersonally known to me. otary Public Print Name: 00{ /mil Commission No. 3 0 dp ;. My Commission Expires : / a, N, DEBORAH C, K AOES W carr�IssloN : o� 739022 EXPIRES: January 2B, 2012 � 9ad�dThuNul�yRblaundwwdW� DRMOM30-FF7 4 / 8 / 2008 12 BK : 2272 PG : 1047 Witness: FLORI COMM TI S TRUST it S By: Print e: �� Ja ce Br wning, Director, rvi on of H usin d Comm'unm D vel ment 41 Date. r0I< < �O �S Print Name Approv as to Form and Legality: By: � �r-- Kristen L. Coons, Trust Counsel STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this ]? day of , 2008 , by Janice Browning, Director, Division of Housing and Community elopment. She is personally known to me. Notary P lic \N���Np fo. • . • b" � n Expires : .� p� ens �, • � � �J • r � � O Io . So * Q j G °°''fir 7Aru �9 . • v�� q7EOF FVOQ�\�\`\ X1111111111\\\ DRC\07-030-FF7 4 / 8 / 2008 13 1 BK : 2272 PG : 1048 DESCRIPTION FELLSMERE DEVELOPMENT CORP (80.887 ACRES +/-) REV= 03-10-08 i A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL ALSO LYING IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND STATE ROAD 512, AND BEING MORE PARTICULARLY i DESCRIBED AS FOLLOWS: ' BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT- OF-WAY OF THE TRANS FLORIDA CENTRAL RAILROAD RIGHT-OF-WAY, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95 AS FOLLOWS: SOUTH 08.33'14' WEST A DISTANCE OF 682.13: THENCE SOUTH 10.47'15' WEST A DISTANCE OF 610.27 FEET, THENCE SOUTH 42122'41 ' WEST A DISTANCE OF 201 .07 FEET; THENCE RUN NORTH 8916023" WEST A DISTANCE OF 474.42 FEET; THENCE RUN SOUTH I 88'35'19' WEST A DISTANCE OF 797.80 FEET; THENCE SOUTH 00047002' WEST A DISTANCE OF 45.90 FEET TO THE END OF LIMITED ACCESS RICHT-OF-WAY ON THE NORTH RIGHT-OF-WAY OF STATE ROAD 512; THENCE RUN NORTH 8998'23" WEST ALONG SAID NORTH RICHT-OF-WAY A DISTANCE OF 644.17 FEET, THENCE RUN NORTH 0236'49" EAST A DISTANCE OF 2192.26 FEET; THENCE RUN SOUTH i 899813" EAST A DISTANCE OF 219263 FEET TO THE WEST RICHT-OF-WAY OF INTERSTATE HIGHWAY 9f4 THENCE RUN SOUTH 0238149" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 682.25 FEET TO THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95 AND THE NORTHERLY PROJECTION OF THE WEST RIGHT-OF-WAY OF THE LIWTED ACCESS ROAD; THENCE RUN SOUTH 08033'14" WEST ALONG SAID LIMITED ACCESS RIGHT-OF-WAY A DISTANCE OF 27.56 FEET TO THE PONT OF BEGINNING. TOGETHER WITH ALL OF THE GRANTORS RIGHT, TITLE AND INTEREST IN AND TO THOSE TWO CERTAIN EASEMENTS FOR ROAD RIGHT-OF-WAY ACROSS TRANS FLORIDA CENTRA. RAILROAD LYING WITHIN THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY AS RECORDED IN O.R. BOOK 445, PAGE 5481 PUBLIC RECORDS OF INDIAN RIVER COUNTY' FLORIDA. LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCELS: PARCEL A A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL LYING IN THE NORTH OF AND ADJACENT TO THE NORTH RIGHT OF WAY OF COUNTY ROAD 512 IN THE NORTHWEST QUADRANT OF THE INTERSECTION i OF INTERSTATE HIGHWAY 95 AND COUNTY ROAD 512, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF THE TRANS FLORIDA CENTRAL RAILROAD, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT OF WAY OF INTERSTATE HIGHWAY 93 AS FOLLOWS: SOUTH 08'33140 WEST A DISTANCE OF 682,13 FEET SOUTH 10'47'15" WEST A DISTANCE OF 610.27 FEET: THENCE RUN SOUTH 42&22'41 " WEST A DISTANCE OF 201,07 FEET; THENCE NORTH 6915123" WEST A DISTANCE OF 474.42 FEET; THENCE SOUTH 88135'19• WEST A DISTANCE OF 100.07 FEET TO THE END 1F SAID UMITED ACCESS RIGHT OF WAY; THENCE CONTINUE SOUTH 881519' WEST ALONG THE NORTH RIGHT OF WAY OF COUNTY ROAD 512 A DISTANCE OF 101 ,09 FEET TO THE PONT OF BEGINNING AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL; FROM SAID PONT OF BEGINNING RUN NORTH 07'00'39" EAST A DISTANCE OF 738.50 FEET; THENCE RUN NORTH 8995423' WEST A DISTANCE OF 638.56 FEET TO A PONT ON THE EAST LINE OF THE FLORIDA GAS TRANSMISSION COMPANY EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 289, PAGE 409, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 01 '09'10' EAST ALONG SAID EAST LINE OF THE GAS COMPANY EASEMENT A DISTANCE OF 754.56 FEET TO THE NORTH RIGHT OF WAY OF COU Ty ROAD 812; THENCE RUN NORTH 88.38'19" EAST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 533,35 FEET TO THE PONT OF BEGINNING, PARCEL B: A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIOA, SAID PARCEL LYING NORTH OF AND ADJACENT TO NORTH RIGHT OF WAY OF COUNTY ROAD 512 IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND COUNTY ROAD 512, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF THE TRANS FLORIDA CENTRAL RAILROAD, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AS FOLLOWS: SOUTH 0813114' WEST A DISTANCE OF 582.13 FEET; THENCE SOUTH 10'47015' WEST A DISTANCE OF 244.88 FEET TO THE PONT OF BEGINNING AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL; FROM THE PONT OF BEGINNING CONTINUE SOUTH AND WESTERLY ALONG SAID LIMITED ACCESS RIGHT OF WAY OF 1-95 AS FOLLOWS: SOUTH 10'47415' WEST A DISTANCE OF 385.72 FEET; THENCE SOUTH 42622'41" WEST A DISTANCE OF 201 ,07 FEET: THENCE NORTH 8915023" WEST A DISTANCE OF 474,42 FEET; SOUTH 88'3519' WEST A DISTANCE OF 100.07 FEET TO THE END OF LIMITED ACCESS RIGHT OF WAY; FROM END OF SAID LIMITED ACCESS RIGHT OF WAY RUN NORTH 07000'39" EAST A DISTANCE OF 517.25 FEET; THENCE RUN -SOUTH 6995'23" EAST A DISTANCE OF 715.32 FEET TO THE POINT OF BEGINNING, PARCEL B1: A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST. INDIAN RIVER COUNTY, FLORIDA, SAID' PARCEL LYING NORTH OF AND ADJACENT TO NORTH RIGHT OF WAY OF COUNTY ROAD 512 IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND COUNTY ROAD 512, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF THE TRANS FLORIDA CENTRAL RAILROAD, RUN SOUTHERLY ALONO THE LIMITED ACCESS RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AS FOLLOWS: SOUTH 0893S14" WEST A DISTANCE OF 682.13 FEET; THENCE SOUTH 100013" WEST A DISTANCE OF 244.55 FEET; THENCE CONTINUE SOUTH 1004715" WEST A DISTANCE OF 365.72 FEET; THENCE CONTINUE SOUTHWESTERLY AND WESTERLY ALONG SAID UNITED ACCESS RIGHT OF WAY, SOUTH 42&22'41 " WEST A DISTANCE OF 201 .07 FEET; THENCE NORTH 8915'23' WEST A DISTANCE OF 474.42 FEET; THENCE SOUTH 88035'19" WEST A DISTANCE OF 100.07 FEET TO THE POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE FROM THE POINT OF BEGINNING, DEPART SAID LIMITED ACCESS RIGHT OF WAY, NORTH 07'00139' EAST A DISTANCE OF 317.25 FEET; THENCE NORTH 8916'22 WEST A DISTANCE OF 100.60 FEET, THENCE SOUTH 07W39" WEST A DISTANCE OF 821.07 FEET BACK TO THE AFORESAID LIMITED ACCESS RIGHT OF WAY; THENCE ALONG SAID LIMITED ACCESS RIGHT OF WAY, NORTH BMW EAST A DISTANCE OF 101.09 FEET BACK TO THE PONT OF BEGINNING. PARCEL C: LEGAL DESCRIPTION OF REMAINING CARSON PLATT ESTATES PARCEL OF FORMER TRANS FLORIDA CENTRA. RAILROAD RICHT OF WAY LYING ` WEST OF INTERSTATE HIGHWAY 95 IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS I FOLLOWS; ALL OF THAT PART OF THE 100 FOOT WIDE RIGHT OF WAY OF THE FORMER TRANS FLORIDA CENTRAL RAILROAD (AS RECORDED AND SHOWN - IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 208, STARTING AT PAGE 547), LYING WITHIN THE NORTH ONE-HALF OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 35 EAST, IMMEDIATELY WEST OF AND ADJACENT TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 (BEING A PORTION OF SAID RAILROAD RIGHT OF WAY CONVEYED BY ROLAND MILLER, TRUSTEE, TO CARSON PLATT AS SHOWN AND DESCRIBED IN OFFICIAL RECORDED BOOK 709, PACE 1751 , PUBLIC RECORDS OF INDIAN RIVER COUNTY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLbWS: ` BEGINNING AT THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF SAID TRANS FLORIDA CENTRAL RAILROAD RIGHT OF WAY, THENCE RUN NORTH 67104$6" WEST, ALONG THE SOUTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A DISTANCE OF 2187.90 FEET; THENCE RUN NORTH 0237'65" EAST (ALONG THE EAST LINE OF PROPERTY I rh CONVEYED IN PARCEL NO. 3 OF PERSONAL REPRESENTATIVES DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 1304, BEGINNING AT PAGE 2778, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FROM THE ESTATE OF CARSON PLATT TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND TO THE ST, JOHNS WATER MANAGEMENT DISTRICT), A DISTANCE OF 100.00 FEET; THENCE RUN SOUTH 87'04'56" EAST, ALONG THE NORTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A DISTANCE Of 2190.67 FEET TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95; THENCE RUIN SOUTH 03'01150" WEST, ALONG SAID i WEST RIGHT OF WAY, A DISTANCE OF 72,58 FEET TO A PONj OF9NTERSECTON IN SAID WEST RIGHT OF WAY; THENCE RUN SOUTH 06'33'14" 1 WEST, ALONG SAID WEST RIGHT OF WAY OF INTERSTATEL9GRWAT�pSE./I,,DISTANCE OF 27.66 FEET TO THE PONT OF BEGINNING. SAID LAND i LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA -.a" t AI 's' •Vr�IV "pow 3 � � THE RESULTANT AREA OF THE ABOVE DESCRIBED PA4{(.�.'!{ jjBONL"Sjr)/{py1hS OR 8AV 0 7 ACRES MORE OR LESS. %�� + .r." ' . t ;.nrr� �.•' ;." RER, PLS TIERED RVEYOR AND MAPPER REV: MODIFY PER ATTORNEY COMMENTS 05-06-08 R.AJH. ' r>' i-fPb � � . iLOR10A JCENSE N0, 4544 CAI JOB N0, 06- 440S I CARTER ASSOCIATES, INC, LEGAL DESCRIPTION APRIL 29, 2008 coNBva�tNa ING11MRS AND LAND 917R�VRYOPJ FELLSMERE PRESERVE 1799 11fT raw n1-111-4191 80.667 ACRE PARCEL j WON9 mumPL61NA 69F09-6{7! 771-Mh7170 C.9i /1W i EXHIBIT "A' BK : 2272 PG : 1049 I I I I I i DESCRIPTION: DEAN F, LUETHJE, TRUSTEE (5430 ACRES+/—) PARCEL 0: LEGAL DESCRIPTION OF REMAINING CARSON PLATT ESTATES PARCEL OF FORMER TRANS FLORIDA CENTRAL RAILROAD I RIGHT OF WAY LYING WEST OF INTERSTATE HIGHWAY 95 IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: ALL OF THAT PART OF THE 100 FOOT WIDE RIGHT OF WAY OF THE FORMER TRANS FLORIDA CENTRAL RAILROAD (AS RECORDED AND SHOWN IN THE PUBLIC RECORDS OF INDIAN MYER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 208, STARTING AT PAGE 547), LYING WITHIN THE NORTH ONE—HALF OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, i IMMEDIATELY WEST OF AND ADJACENT TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 (BEING A PORTION OF SAID RAILROAD RIGHT OF WAY CONVEYED BY ROLAND MILLER, TRUSTEE, TO CARSON PLATT AS SHOWN AND DESCRIBED IN OFFICIAL RECORDED BOOK 709, PAGE 1751, PUBLIC RECORDS OF INDIAN RIVER COUNTY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF SAID TRANS FLORIDA CENTRAL RAILROAD RIGHT OF WAY, THENCE RUN NORTH 117604158" WEST, . ALONG THE SOUTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A DISTANCE OF 2187.90 FEET; THENCE RUN NORTH 02'57'55" EAST (ALONG THE EAST UNE OF PROPERTY CONVEYED IN PARCEL NO, 3 OF PERSONAL REPRESENTATIVES DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 1304, BEGINNING AT PAGE 27781 PUBLIC RECORDS OF . INDIAN RIVER COUNTY, FLORIDA, FROM THE ESTATE OF CARSON PLATT T'0 THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND TO THE ST. JOHNS WATER MANAGEMENT DISTRICT),. A DISTANCE OF 100.00 FEET; THENCE RUN SOUTH 87904'58" EAST, ALONG THE NORTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A DISTANCE OF 2190.87 FEET TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95; THENCE RUN SOUTH 03'01 '50' WEST, ALONG SAID WEST RIGHT OF WAY, A DISTANCE OF 72.58 FEET TO A POINT OF INTERSECTION IN SAID WEST RIGHT OF WAY; THENCE RUN SOUTH 08'33'14' WEST. ALONG SAID WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95, A DISTANCE OF 27.58 FEET TO THE POINT OF BEGINNING, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. THE ABOVE DESCRIBED PARCEL CONTAINS 219,088 SQUARE FEET OR 5.0298 ACRES MORE OR LESS. I to I G30 � or d yjob 0 i G PLS iREO RED SUIT YOR AND MAPPER REV: MODIFY PER ATTORNEY COMMENTS 05-06-0! R,A.H. FLORIDA LICENSE NO, 4544 I CAI JOB N0. 07- 2735 iLEGAL DESCRIPTION APRIL 29, 2008 coxaDtr>r1a xNaua= am Lam suavmw FELLSMERE PRESERVE i7m liff m i�ow-ua rrr,T!��IC 5.03 ACRE PARCEL 0.01 p0{ EXHIBIT "A" I