HomeMy WebLinkAbout2004-289 �Y .'' C 1i'd � 1 ,�. r�7"1''C'INI LZ�d '1:^° OFFICE
L?UN'i"Y
1618912
1840 25A Street THIS DOCUMENT HAS BEEN RECORDED I V
Vero Beach , Florida 32960 IN THE PUBLIC RECORDS OF
This document prepared by: INDIAN RIVER COUNTY FL
Kelly A . Martinson, Esq .. BK : 1836 PG : 451 , Pagel of 11
02/16/2005 at 09 :29 AM ,
Florida Communities Trust
Department of Community Affairs JEFFREY K BARTON, CLERK OF
2555 Shumard Oak Blvd . COURT
Tallahassee, FL 32399
FLORIDA COMMUNITIES TRUST
FF2 AWARD #02 - 058 -FF2
FCT Contract # os .yam ,
KROEGEL HOMESTEAD
GRANT AWARD AGREEMENT
THIS AGREEMENT is entered into this 7 6aay of F<,r,,.,��� , 2004 , by and between the
FLORIDA COMMUNITIES TRUST ( " FCT "), a nonregulatory agency within the State of Florida
Department of Community Affairs, and INDIAN RIVER COUNTY, a political subdivision of the
State of Florida ( " Recipient ") , in order to impose terms , conditions , and restrictions on the use of the
proceeds of certain bonds , hereinafter described, and the lands acquired with such proceeds and as
described in Exhibit "A " attached hereto and made a part hereof ( " Project Site " ) , as shall be
necessary to ensure compliance with applicable Florida Law and federal income tax law and to
otherwise implement provisions of Chapters 259 . 105 , 259 . 105 1 , and 380 , Florida Statutes .
WHEREAS , Part III Chapter 380 , Florida Statutes, the Florida Communities Trust Act,
creates a nonregulatory agency within the Department of Community Affairs , which will assist local
governments in bringing into compliance and implementing the conservation, recreation and open
space , and coastal elements of their comprehensive plans or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governments and nonprofit
environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS , Section 259 . 105 (3 )(c) , F . S . , of the Florida Forever Act provides for the
distribution of twenty- two percent (22%) less certain reductions of the net Florida Forever Revenue
Bond proceeds to the Department to provide land acquisition grants to local governments and
nonprofit environmental organizations through the FCT for acquisition of community-based projects,
urban open spaces , natural resource conservation areas , parks , greenways and outdoor recreation
areas to implement local comprehensive plans ;
WHEREAS , the Bonds were issued as tax- exempt bonds , meaning that the interest on the
Bonds is excluded from the gross income of Bondholders for federal income tax purposes ;
WHEREAS , Rule Chapter 9K-7 , Florida Administrative Code (F . A . C . ) , authorizes FCT to
impose conditions for funding on those FCT applicants whose projects have been selected for
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October 22 , 2004 1
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funding in accordance with Rule Chapter 9K-7 , F .A . C . ;
WHEREAS , the FCT has approved the terms under which the Project Site is acquired and the
deed whereby the Recipient acquires title to the Project Site 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 shall
contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of
the Internal Improvement Trust Fund upon the failure of the Recipient to use the Project Site
acquired thereby for such purposes ; and
WHEREAS , such covenants and restrictions shall be imposed by an agreement which shall
describe with particularity the real property which is subject to the agreement and shall be recorded
in the county in which the real property is located ; and
WHEREAS , the purpose of this Agreement is to set forth the covenants and restrictions that
are imposed on the Project Site subsequent to its cost reimbursement using funds from the Florida
Forever Trust Fund award .
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 Recipient do hereby contract and agree as follows :
I . GENERAL CONDITIONS
1 . Upon execution and delivery 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, and shall pay all fees
and charges incurred in connection therewith .
2 . The Recipient and FCT agree that the State of Florida Department of Environmental
Protection will forward this Agreement to Department of Environmental Protection Bond Counsel
for review. In the event Bond Counsel opines that an amendment is required to this Agreement so
that the tax-exempt status of the Florida Forever Bonds is not jeopardized, FCT and Recipient shall
amend the Agreement accordingly.
3 . This Agreement may be amended at any time . Any amendment must be set forth in a
written instrument and agreed to by both the Recipient and FCT .
4 . This Agreement and the covenants and restrictions contained herein shall run with the
Property herein described and shall bind , and the benefits shall inure to , respectively, the FCT and
the Recipient and their respective successors and assigns .
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October 22 , 2004 2
5 . This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida, with respect to both substantive rights and with respect to procedures and
remedies .
6 . Any notice required to be given hereunder shall be given by personal delivery. by
registered mail or by registered expedited service at the addresses specified below or at such other
addresses as may be specified in writing by the parties hereto , and any such notice shall be deemed
received on the date of delivery if by personal delivery or expedited delivery service , or upon actual
receipt if sent by registered mail .
FCT : Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd .
Tallahassee , FL 32399-2100
ATTN : Program Manager
Recipient : ln d i a n R i gar County
1840 25th Street
Vero Beach , Fl
32960 - 3365
ATTN : County Administrator
7 . If any provision of the Agreement shall be invalid , illegal or unenforceable , the
validity, legality and enforceability of the remaining provisions shall not in anyway be affected or
impaired .
II . PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259 , CHAPTER 375 ,
AND CHAPTER 380 , PART I11 , FLORIDA STATUTES
1 . If any essential term or condition of this grant agreement is violated by the Recipient
or by some third party with the knowledge of the Recipient and the Recipient does not correct the
violation within 30 days of notice of the violation , fee simple title to all interest in the Project Site
shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund . The FCT shall
treat such property in accordance with Section 380 . 508 (4)(e) , Florida Statutes .
2 . Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall
enter into a new agreement with the transferee, containing such covenants, clauses , or other
restrictions as are sufficient to protect the interest of the people of Florida .
3 . The interest, if any, acquired by the Recipient in the Project Site will not serve as
security for any-debt of the Recipient unless FCT approves the transaction .
4 . If the existence of the Recipient terminates for any reason , title to all interest in real
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October 22 , 2004 3
property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the
Internal Improvement Trust Fund , unless FCT negotiates an agreement with another local
government or nonprofit organization which agrees to accept title to all interest in and to manage the
Project Site .
5 . In the event that the Project Site is damaged or destroyed or title to the Project Site, or
any part thereof, is taken by any governmental body through the exercise or the threat of the exercise
of the power of eminent domain, the Recipient shall deposit with the FCT any insurance proceeds or
any condemnation award, and shall promptly commence to rebuild, replace , repair or restore the
Project Site in such manner as is consistent with the Agreement . The FCT shall make any such
insurance proceeds or condemnation award moneys available to provide funds for such restoration
work . In the event that the Recipient fails to commence or to complete the rebuilding, repair,
replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right,
in addition to any other remedies at law or in equity, to repair, restore , rebuild or replace the Project
Site so as to prevent the occurrence of a default hereunder .
Notwithstanding any of the foregoing, FCT will have the right to seek specific performance
of any of the covenants and restrictions of this Agreement concerning the construction and operation
of the Project Site .
III . PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE RECIPIENT
1 . The Project Site shall be managed only for the conservation, protection and
enhancement of natural and historical resources and for passive , natural resource-based public
outdoor recreation which is compatible with the conservation, protection and enhancement of the
Project Site , along with other related uses necessary for the accomplishment of this purpose . The
proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT .
2 . The Recipient shall prepare and submit to FCT an annual stewardship report as
required by Rule 9K- 7 . 013 , F . A . C .
3 . The Recipient shall ensure that the future land use designation assigned to the Project
Site is for a category dedicated to open space , conservation , or outdoor recreation uses as
appropriate . If an amendment to the Recipient' s comprehensive plan is required to comply with this
paragraph , the amendment shall be proposed at the next comprehensive plan amendment cycle
available to the Recipient .
4 . 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 .
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October 22 , 2004 4
5 . The Recipient shall , through its agents and employees , prevent the unauthorized use
of the Project Site or any use thereof not in conformity with the FCT approved project plan .
6 . FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the Recipient at the Project Site .
7 . All buildings , structures , improvements , and signs shall require the prior written
approval of FCT as to purpose . Further, tree removal , other than non-native species , and/or major
land alterations shall require the written approval of FCT . The approvals required from FCT shall
not be unreasonably with-held by FCT upon sufficient demonstration that the proposed structures ,
buildings , improvements , signs , vegetation removal or land alterations will not adversely impact the
natural resources of the Project Site . The approval by FCT of the Recipient' s management plan
addressing the items mentioned herein shall be considered written approval from FCT.
8 . If archaeological and historic sites are located on the Project Site , the Recipient shall
comply with Chapter 267 , Florida Statutes . The collection of artifacts from the Project Site or the
disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior
written authorization has been obtained from the Department of State , Division of Historical
Resources .
9 . The Recipient shall ensure that the Project Site is identified as being publicly owned
and operated as a passive , natural resource -based public outdoor recreational site in all signs ,
literature and advertising regarding the Project Site . The Recipient shall erect a sign(s) identifying
the Project Site as being open to the public and as having been purchased with funds from FCT and
Recipient .
IV. OBLIGATIONS INCURRED BY RECIPIENT AS A RESULT OF BOND
PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE
1 . If the Project Site is to remain subject, after its acquisition by the State and the
Recipient, to any of the below listed activities or interests , the Recipient shall provide at least 60
days written notice of any such activity or interest to FCT prior to the activity taking place, and shall
provide to FCT such information with respect thereto as FCT reasonably requests in order to
evaluate the legal and tax con- sequences of such activity or interest :
a . any lease of any interest in the Project Site to a non- governmental person or
organization ;
b . the operation of any concession on the Project Site to a non-governmental
person or organization ;
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October 22 , 2004 5
r
C , any sales contract or option to buy things attached to the Project Site to be
severed from the Project Site , with a non-governmental person or organization ;
d , any use of the Project Site by non- governmental persons other than in such
person' s capacity as a member of the general public ;
e . a management contract of the Project Site with anon-governmental person or
organization ; and
f. such other activity or interest as may be specified from time to time in writing
by FCT to the Recipient .
2 . Recipient agrees and acknowledges that the following transaction, events, and
circumstances may not be permitted on the Project Site as they may have negative legal and tax
consequences under Florida law and federal income tax law :
a. a sale of the Project Site or a lease of the Project Site to a non-governmental
person or organization ;
b . the operation of a concession on the Project Site by a non-governmental
person or organization ;
C . a sale of things attached to the Project Site to be severed from the Project Site
to a non-governmental person or organization ;
d . any change in the character or use of the Project Site from that use expected at
the date of the issuance of any series of bonds from which the disbursement is to be made ;
e . any use of the Project Site by non-governmental persons other than in such
person' s capacity as a member of the general public ;
f. a management contract of the Project Site with a non-governmental person or
organization ; and
g . such other activity or interest as may be specified from time to time in writing
by FCT to the Recipient .
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE Recipient AND
OTHER GOVERNMENTAL BODIES , NOT FOR PROFIT ENTITIES , OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL
IN NO WAY RELIEVE THE Recipient OF THE RESPONSIBILITY TO ENSURE THAT THE
CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING
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October 22 , 2004 6
BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY
THE CONTRACTING PARTY .
V. CONDITIONS THAT ARE PARTICULAR TO THE PROJECT SITE AS A RESULT
OF THE FCT APPROVED MANAGEMENT PLAN
1 . Two or more resource-based outdoor recreational facilities including a riverfront pier
and walking trail shall be provided . The facilities shall be designed and located with minimal impact
to natural resources on the Project Site .
2 . A permanent recognition sign shall be maintained in the entrance area of the Project
Site . The sign shall acknowledge that the Project Site is open to the public and was purchased with
funds from the Florida Communities Trust and Indian River County.
3 . Interpretive signage shall be provided to educate visitors about the natural resources
and unique history of the Project Site .
4 . At least 24 environmental and/or historical education classes or programs shall be
conducted annually at the Project Site by trained educators or resource professionals .
5 . A staffed museum that provides year-round education programming shall be
established on the Project Site .
6 . A biological inventory of the natural communities found on the Project Site, including
the dominant and listed plant and animal species , shall be conducted prior to any site development .
The inventory shall be used to ensure the protection of biological resources and be updated
periodically.
7 . The maritime hammock that occurs on the Project Site shall be preserved and
appropriately managed to ensure the long-term viability of these communities .
8 . The Project Site shall be managed in a manner that will protect and enhance the
habitat for native wildlife species that utilize or could potentially utilize the site , including manatees .
The development of the Management Plan shall be coordinated with the Florida Fish and Wildlife
Conservation Commission ' s Office of Environmental Services to ensure the preservation and
viability of native wildlife species and their habitat .
9 . Development and management of the Project Site shall enhance the protection of
water quality in the Indian River Lagoon .
10 . Approximately 0 . 5 acres , shall be landscaped with native plant species to provide
wildlife habitat and enhance the function and appearance of the Project Site .
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October 22 , 2004 7
11 . 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 .
12 . A feral animal removal program shall be developed and implemented, as necessary,
for dogs , cats , muskovy ducks , and other non-native wildlife that may be found on the Project Site .
13 . An archaeological and survey shall be performed for any area within the Project Site
proposed for development prior to the commencement of development activities in that area. All
planned activities involving known archaeological and historical sites shall be closely coordinated
with the Department of State , Division of Historic Resources (DHR) in order to prevent the
disturbance of significant sites . A protection plan shall be developed and implemented in
conjunction with DHR for the protection of the shell midden located on the Project Site . The
rehabilitation and preservation of the Kroegel House and associated buildings will also be closely
coordinated with DHR .
14 . The location and design of the parking and other site improvements shall have
minimal impact on natural resources . The parking area shall incorporate pervious material wherever
feasible .
15 . Stormwater management facilities on the Project Site shall be designed to provide
recreational open space or wildlife habitat .
16 . No motorized boating facilities shall be provided at the Project Site . The
management plan shall include provisions to protect seagrass , manatees, and wading bird habitat .
17 . Pedestrian and bicycle access to the Project Site shall be promoted through the
provision of pedestrian oriented walkways and bicycle facilities that link the Project Site with
adjacent residential neighborhoods . Bike parking stands shall be installed at the Project Site to
provide an alternative to automobile transportation to the Project Site .
18 . The development and management of the Project Site shall be coordinated with the
agencies managing conservation lands in the Indian River Lagoon corridor, including the U . S . Fish
and Wildlife Service to ensure the Project Site is protected and managed as part of a linked
conservation lands and recreation opportunities .
19 . Proposed site improvements shall be designed and located to minimize or eliminate
the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation
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October 22 , 2004 8
agencies or experts .
20 . The requirements imposed by other grant program funds that may be sought for
activities associated with the Project Site shall not conflict with the terms and conditions of this
Agreement .
This Agreement including Exhibit "A" embodies the entire agreement between the parties .
IN WITNESS WHEREOF , the parties hereto have duly executed this Agreement .
SDARQ Dfr Lvvwy "AMISlsroue-95
Witness : INDIAN I'ZIVER ' CO Y
W�e& an�4Y6
By : _
Pri Name : �T,4 S/)7 / t` Y Print Vtilame : �1�6U
Title
it p—
t • Date : - 1' 6 ; ' 2004
rint Name : off71 • (//Lie4e Idj�
Approved as to Form and Legality :
By : L . . %
Print Name : wt1j,10cm 4 . a&t.i NS• SC
Covw -T kMfzNJ
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoinginstrument was acknowledged before me this / G #`day of (fWzyvik.
2004 , by ati�U1 as C° AA-t �c,fvwL�� of U4 xe on
behalf of the Local Government , and who is personally known to me .
Notary Public M _
Print Name : u r m be°^ ) MA 5 Su n 5
Commission No .
My Commission Expires :
, `~nP`' Py''• Kimberly E. Massung
o • . bti
A :l MY COMMISSION # DD216503 EXPIRES
.V July 15, 2007
o' •�,oQ:`' BONDED THRU TROY FAIN INSURANCE, INC.
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October 22 , 2004 9
Witness : FLO A 4hmamnMcLeod ,
TRUST
By :
Print Name : ffir �- -, T� ,� Kathy aCom un ' ger
Date :
Print ame :
Avy-
Ap as to Form and Legality :
By :
Kelly A .Zdartinson, Trust Counsel
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me thisday of ,
20045 by Kathy Baughman McLeod, Community Program Manager of FCT . She is personally
known to me . •
Notary Public ,
Print Name :
Commission : : MY COMMISSION # DD 359808
RES: OMM 13, 2008
My Commiss ' 1rQ"dThruNotaPuPublicUnderwriters
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October 22 , 2004 10
EXHIBIT " A "
Lot 1 , KROEGEL HOMESTEAD , according to the Plat thereof as recorded in Plat Book 8 , page 83 ,
of the Public Records of Indian River County, Florida.
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October 22 , 2004 11
FCT Contract Number 04 - CT- 8J- 02 -F2 -J1 - 058
FLORIDA COMMUNITIES TRUST
FF2 Award Number 02 - 058 -17172
KROGEL HOMESTEAD
ADDENDUM II TO GRANT CONTRACT
THIS ADDENDUM Il is entered into by and between the FLORIDA COMMUNITIES
TRUST (FCT) , a nonregulatory agency within the State of Florida Department of Community
Affairs , and INDIAN 11RIVER COUNTY, a local government of the State of Florida (Recipient) ,
this / o '- day of 2004 .
NOW THEREFORE , FCT and Recipient mutually agree as follows :
WHEREAS , the parties hereto entered into a Grant Contract which sets forth the
conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the
FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to
its acquisition with the FCT Florida Forever award ;
WHEREAS , the initial term of the Grant Contract expires August 25 , 2004 ;
WHEREAS , the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 2 of
the Grant Contract and in compliance with Rule 9K- 7 . 009 (5 ) , F . A . C . , has timely submitted to FCT a
written request for extension of the August 25 , 2004 , deadline ;
WHEREAS , GENERAL CONDITIONS paragraph 14 of the Grant Contract states that the
agreement may be amended at any time prior to FCT giving final project plan approval to the
Recipient . Any agreement must be set forth in a written instrument and agreed to by both the
Recipient and FCT ;
WHEREAS , the parties hereto desire to extend the term of the Grant Contract as provided by
Rule 9K- 7 . 009 ( 5 ) , F . A . C . ;
NOW THEREFORE , the FCT and RECIPIENT mutually agree as follows :
1 . Notwithstanding the language of Section L GENERAL CONDITIONS , paragraph 3 . ,
the parties hereby agree to revive it nunc pro tune as though it had not lapsed in
accordance with paragraph 2 .
02 - 058 -FF2
August 25 , 2004
GCAMD . 2
1
2 . In every respect, this amendment is to be construed and applied as though the parties
had both signed it before August 25 , 2004 .
3 , The Grant Contract by and between FCT and Recipient is hereby extended until
November 1 , 2004 .
This Addendum II, Addendum I and the Grant Contract embody the entire agreement
between the parties . All other terms and conditions not specifically referenced in this agreement
remain the same and unchanged .
IN
WT
TNESS WHEREOF , the parties hereto have duly executed this Ad um I .
BOARD fJ� ,�Dv�►T�t � ►kOV V015 s
INDIAN R VV IR CO ''t.a F ORIDA COM TIES TRUST
By . By. _ -
y -
Print Name` TyR R - aNn 0i"
Kathy ughman McLeod
Title : UAimA% � : Com unity Pro ram Man ger
Date : November 16 2004 Date : I � �
Approved / sas to
Form and Legality: Approved as to Form and Legality:
l0� C t y
By : I By : U41
Print Name : tuia1i A, G _ czLUNS _ice Kriste . Coons , Trust Counsel
CVvNTY ATTrP /? N y
02 - 058 -FF2
August 25 , 2004
GCAMD . 2
2
a
FCT Contract Number 04-CT- 8J- 02 -F2-J1 - 058
FLORIDA COMMUNITIES TRUST
FF2 Award Number 02 - 058 -FF2
KROGEL HOMESTEAD
ADDENDUM III TO GRANT CONTRACT
THIS ADDENDUM][I is entered into by and between the FLORIDA COMMUNITIES
TRUST (FCT) , a nonregulatory agency within the State of Florida Department of Community
Affairs , and INDIAN RIVER COUNTY , a local government of the State of Florida (Recipient) ,
this n i% day of l eerA.0 .3„ , 2004 .
NOW THEREFORE, FCT and Recipient mutually agree as follows :
WHEREAS , the parties hereto entered into a Grant Contract which sets forth the
conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the
FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to
its acquisition with the FCT Florida Forever award ;
WHEREAS , the initial term of the Grant Contract expires November 1 , 2004 ;
WHEREAS , the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 2 of
the Grant Contract and in compliance with Rule 9K- 7 . 009 (5 ) , F . A . C . , has timely submitted to FCT a
written request for extension of the November 1 , 2004 , deadline ;
WHEREAS , GENERAL CONDITIONS paragraph 14 of the Grant Contract states that the
agreement may be amended at any time prior to FCT giving final project plan approval to the
Recipient . Any agreement must be set forth in a written instrument and agreed to by both the
Recipient and FCT ;
WHEREAS , the parties hereto desire to extend the term of the Grant Contract as provided by
Rule 9K- 7 . 009( 5 ) , F . A . C . ;
NOW THEREFORE , the FCT and RECIPIENT mutually agree as follows :
1 . Notwithstanding the language of Section I. GENERAL CONDITIONS , paragraph 3 . ,
the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in
accordance with paragraph 2 .
02 - 058 -FF2
September 29 , 2004
GCAMD . 3
1
2 . In every respect, this amendment is to be construed and applied as though the parties
had both signed it before November 1 , 2004 .
3 , The Grant Contract by and between FCT and Recipient is hereby extended until time
sufficient to reimburse Recipient .
This Addendum III, II, Addendum I and the Grant Contract embody the entire agreement
between the parties . All other terms and conditions not specifically referenced in this agreement
remain the same and unchanged .
IN WITNESS WHEREOF , the parties hereto have duly executed this Addendum I.
INDIAN RIVE CITY FL COM
TIES TRUST
,.�. per > - F �r .
s
a liftF
Print JL Kathy%Ba ghman McLeod
Title :'' 'a h Com ` un ty Program Mana er
. � f
C' n
Date :t' N�aVtber 1. 6 _. 20D4 Date : U D
Approved as to Form and Legality: Approved as to Form and Legality:
By: 440tC te, By:
Print Name : W1y4Am A . Gewojs Z Kristen Coons , Trust Counsel
mory AiTOXNE7
02 - 058 -FF2
September 29 , 2004
GCAMD . 3
2
Local Government Name : Indian River County
Project Name : Kroegel Homestead
FCT Project # 02 - 058 - FF2
Date : A ?a o y
GRANT AWARD CALCULATION STATEMENT
TOTAL PROJECT COSTS
Land Purchase Price $ 350 , 000 . 00
Acquisition Expenses
Appraisal $ 21260 . 00
Appraisal Review 11845 . 00
Title Insurance Costs 11580 . 00
Total Acquisition Expenses $ 51685 . 00
Total Project Costs $ 355 , 685 . 00
COMPUTATION OF GRANT AWARD AND LOCAL MATCH AMOUNT
FCT Award Computation
Share of Purchase Price $ 262 , 500 . 00 ( 1 )
Share of Acquisition Expenses 41263 . 75
Total Share of Project Costs $ 266 , 763 . 75 ( 2 )
Indian River County Computation
Share of Purchase Price $ 87 , 500 . 00
Share of Acquisition Expenses 11421 . 25
Total Share of Project Costs $ 88 , 921 . 25
Total Project Costs $ 355 , 685 . 00
COMPUTATION OF PREPAIDS , REIMBURSEMENTS AND ADDITIONAL COSTS
FLORIDA COMMUNITIES TRUST
FCT Prepaid Project Costs
Appraisal Review $ 11845 . 00
Total Prepaid Costs 11845 . 00
FCT Amount Due
Share of Total Project Costs $ 266 , 763 . 75
Less Total Prepaid Costs 11845 . 00
Total Amount Due from FCT $ 264 , 918 . 75
r
Indian River County
Kroegel Homestead
FCT Project # 02 - 058 - FF2
Page 2
INDIAN RIVER COUNTY
County Prepaid Project Costs
Land Purchase Price $ 350 , 000 . 00
Appraisal 21260 . 00
Title Insurance Costs 11580 . 00
Total Prepaid Costs $ 353 , 840 . 00
County Amount Due
Share of Total Project Costs $ 88 , 921 . 25
Less Total Prepaid Costs 353 , 840 . 00
Total Amount Due To County $ 264 , 918 . 75
County Additional Costs
Record Grant Award Agreement $ 95 . 00 ( 3 )
Total Additional Costs $ 95 . 00
Notes :
( 1 ) Pursuant to memorandum dated October 14 , 2004 , from Caroline Sutton to Kelly
Martinson , the Maximum Approved Purchase Price is $ 350 , 000 . 00 . Indian River County
acquired the property on June 5 , 2002 , at a price of $ 350 , 000 . 00 . The FCT share
of
the purchase price to be reimbursed is based on the purchase price as it is equal to
the Maximum Approved Purchase Price .
( 2 ) Pursuant to the terms of the Grant Contract , the amount of the grant shall be
the lesser of $ 926 , 250 . 00 or 750 of the total project costs .
( 3 ) Disbursed to Clerk of the Court , Indian River County , at time of reimbursement
from FCT .
The foregoing calculation of grant award and total project costs is hereby approved
by the undersigned .
130AR-D ofCPU cdt ' LprN �'R-s
INDIAN. Rty&R ` OUNT*yt ?Comm
ITIES TRUST
- t
By : P
Title : & , +_ � RhIAtJughman McLeo
y Program P anager
Date : NOV etA .6. , . PON
s. 4
APPROVED AS TO FORM
AND LEGAL. SUFFICIENCY
ti
ov
WILLIAM Q . COLLINS 11
COUNTY ATTORNEY