HomeMy WebLinkAbout01201997 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] 'FAX (561) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
MONDAY, JANUARY 20, 1997 - 1:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK-
1225 MAIN STREET, SEBASTIAN~ FLORIDA
No public input is allowed at a Special Meeting unless approved by majority vote of City CouncR
at the beginning of the Special Meeting (in accordance with R-97-02)
2.
3.
4.
97.063
CALL TO ORDER /
PLEDGE OF ALLEGIANCE
ROLL CALL ~-~
SPECIAL MEETING ITEM
A. Adopt Resolution No. R-97-07 - Amended Purchase Agreement - 34 Scub
Lots
RE$OLLFHON NO. K-9~-07
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY ~ TO ATTEST, ON BEHALF OF THE CITY, AMENDMENT
II TO THE OPTION AGREEMENT FOR SALE AND PURCHASE OF 34 SCRUB LOTS IN UNIT 17,
SEBASTIAN HIGHLANDS, ADDENDUM V TO THE CONCEPTUAL APPROVAL AGREEME2qT,
PURCHASER'S RECONCILiATION OF TOTAL PROJECT COSTS, BUYER'S CLOSING STATEMENT
AND GRANT AWARD AGREEMENT, AMONG ATLANTIC GULF COMMUNITIES CORPORATION,
FLORIDA COMMLrNIT~.S TRUST, THE CITY OF SEBASTIAN, AND INDIAN RIVER COUNTY,
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE.
ADJOURN'
ANY PERSON WHO DECIDES TO APPEAL ANY DECISIONMADE BY THE CITY COUNCIL WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING (OR HE4RING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT AVE, P~ATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WI-IICH THE APPEAL IS TO BE HEARD. (286. 0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THISMEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
RESOLUTION NO. R-97-07
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CI~RK TO ArrEST, ON BEHALF OF THE CITY, AMENDMENT H
TO THE OPTION AGREEMENT FOR SALE AND PURCHASE OF 34
SCRUB LOTS IN UNIT 17, SEBASTIAN HIGHLANDS, ADDENDUM V TO
THE CONCEPTUAL APPROVAL AGREEMENT, PURCHASER'S
RECONCILIATION OF TOTAL PROJECT COSTS, BUYER'S CLOSING
STATEMENT AND GRANT AWARD AGREEMENT, AMONG ATLANTIC
GULF COM3CtYNITIES CORPORATION, FLORIDA CO~S
TRUST, THE CITY OF SEBASTIAN, AND INDIAN RIVER COUNTY,
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 24, 1995, the City Council approved a Conceptual Approval Agreement
and Confidentiality Agreement with Florida Communities Trust ("FCT"), a nonregulatory agency
within the State of Florida Department of Community Affaks and Indian River County (the "County")
for land acquisition funds from the Preservation 2000 Trust Fund with the stipulation that the City
and the County enter into aa Inteflocal Agreement delineating the responsibilities of the City and the
County within 120 days or the Agreement as amended is null and void; and
WHEREAS, on September 13, 1995, the City Council adopted Resolution No. R-95-53,
authorizing the Mayor to sign and the City Clerk to attest an Interlocal Agreement with Indian River
County for the Sebastian Highlands Scrub Project, this same Agreement having been approved by the
Board of County Commissioners for Indian River County on October 3, 1995; and
WI~'E~S, on May 8, 1996, the City Council adopted Resolution No. R-96-36, authorizing
the Mayor to sign and the City.,C_.~j~ t~o attest the proposed Option Agreement for Sale and Purchase
for the acquisition of 56~cnt~ ~f ~6ts in Sebastian Highlands Unit 17 with funding to be provided
by Florida Communities Trust and Indian River County; and
WHERF~S, the Indian River County Commission approved the purchase of 34 of the AGC
scrub lots in Unit 17, a reduction in the original amount earlier approved by the City, County and
Florida Communities Trust; and
WHEREAS, Indian River County has requested the City to approve amendments to the
option agreement for sale and purchase and to approve Amendment II to the Option Agreement,
Addendum V to the Conceptual Approval Agreement Purchaser's Reconciliation of Total Project
Costs, Buyer's Closing Statement and Grant Award Agreement.
NOW, TItEREFO~, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
~Ii.0ll_L AGREEMENT. The Mayor of the City of Sebastian, Indian River County,
Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City, Amendment
II to the Option Agreement for sale and purchase of 34 AGC scrub lots in Unit 17, Sebastian
Highlands, Addendum V to the Conceptual Approval Agreement Purchaser's Reconciliation of Total
Project Costs, Buyer's Closing Statement and Grant Award Agreement, the proposed Agreement
having been attached to this Resolution as Exhibit "A" and by this reference is incorporated herein.
~&o_0.~. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or
determine that any pan of this Resolution is invalid or unconstitutional, the remainder of the
Resolution shah not be affected and it shaft be presumed that the City Council of the City of Sebastian
did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Resolution without such invalid and
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shah take effect immediately upon its
adoption.
The foregoing
Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
2
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Couneilmember Raymond Halloran
Councilmember Richard J. Taracka
ATTEST:
The Mayor thereupon declared this Resolution duly passed and adopted this __
,1997.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
day of
Kathryn M. O~Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie F. Settles.
City Attorney
3
Telephone: (407) 567-8000
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Thomas W. Frame, City Manager
City of Sebastian
Roland M. DeBlois,'~CP
Chief, Environmental Planning
Indian River County
January 17, 1997
Request for City Execution of Closing Documents for
County/State Acquisition of 34 AGC Scrub Lots
As you may know, the County Commission has approved the purchase of
34 AGC scrub lots in Sebastian Highlands Unit 17. The 34 lot
cluster is a reduction from the 50 AGC lots that were earlier
approved by the County, City, and Florida Communities Trust (FCT)
for acquisition.
Attached are originals of the following documents requiring the
City's execution:
· Amendment II to the Option Agreement
-Addendum V to the Conceptual Approval Agreement
Purchaser's Reconciliation of Total Project Costs
Buyer's Closing Statement
Grant Award Agreement
The Option expires on January 31st, which is the scheduled date of
closing. To meet that deadline~ it is imperative that the City
execute these documents by Monday,~ January 20th. Since these
documents relate to county/state purchase of 34 of the 50 lots
already approved by the City, I assume that these documents can be
executed by the Mayor without need for full Council approval.
Once the documents are executed, please call me and I will send a
runner to pick them up. Thank you for your help and quick action.
If you have any questions please call me at 567-8000, ext. 258.
cc: Robert Keating \rl\laac\sebhi34.seb
UbFI.LUMN. REFRIRS Fax:9049WWWb{W ucc WU 'Wb lb:lb
AMENDMENT II TO OPTION AGREEMENT FOR SALE AND PURCHASE
This Amendment II to Option Agreement for Sale and Purchase is
entered into this day of ., 199 , by and between
ATLANTIC GULF COMMUNITIES CO~PORATION, a Delaware corporation, as
Seller, and the FLORIDA COMMUNITIES TRUST, a nonregulatory agency
within the Florida Department of Co--unity Affairs, the CITY of
SEBASTIAN and INDIAN RIVER COUNTY, collectively, as Purchaser.
WHEREAS, Seller and Purchaser entered into an Option Agreement
for Sale and Purchase ("Option Agreement") of the real property
described in Exhibit A of the Option Agreement (the 'Property")
dated March 12, 1996;
WHEREAS, the Seller and Purchaser entered into an Amendment to
option Agreement for Sale and Purchase, to delete lots from the
Property and to decrease the purchase price of the Property,
dated October 2, 1996;
WHERF2%S, the Seller petitioned Indian River County for relief
from assessments on the lots herein described and was denied such
relief;
WHEREAS, the parties hereto wish to amend the option
Agreement, a~ amended, to delete additional lots from the
Property as set forth below, decrease the purchase price and
extend the option expiration dates
NOW THEREFORE, in consideration of the premises and the mutual
covenants herein contained, the parties agree as follows:
1. Exhibit "A~ to the option Agreement, is hereby replaced,
revised and superseded by Exhibit "A.II" attached hereto.
2. The option Agreement, as amended, is hereby amended to
reflect the purchase price of $$6,000.00, in consideration of the
deletion of lots from the Option Agreement, as amended. The
purchase price is calculated as shown on Exhibit "A. II." attached
hereto.
3. The option expiration date is hereby extended to January 31,
1997.' Notwithstanding anything to the contrary in Paragraph 9 of
the Option Agreement, all prepared documents shall be submitted
to Acquiring Agency for review and approval at least 15 days
prior to the option Expiration Date. Nothwithstanding anything
to the contrary in Paragraph 10 and 13 of the Option Agreement,
neither the option Expiration Date nor the clo~ing date may be
extended beyond January 31, 1997.
AGC/Option
Amendment II
94-032-P4A
12/20/96
DEPT. COliN. FFFF~iRS Fax :9049222679 Dec 20 '96 16:16 P. 0.3
4. The terms of this Amendment shall be binding upon and inure
to the benefit of the parties hereto and their respective
successors and assigns.
5. Except as expressly set forth herein, the Option Agreement,
as amended, shall remain in full force and effect and is hereby
ratified and confirmed as of the Amendment date.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals on the day first above written.
Witness:
A, Ca~J ~5
~Nitness' Name-:
SEI_~ER
ATLANTIC GULF COM~JNITIES
enior Vice president
~ January 8, 1997
PURCHASER
INDIAN RIVER COUNTY
Accepted as to Legal Form and
Suffi~
Date: .... ~
AGC/Option
Amendment II
94-032-P4A
U~.~'l. LU~M. P~-~HIk~ ~SX:~:~z19222b{¥ uec 2U '~b lb:lb ~'. U~
witness:
witne~ Name:
Witness Name:
PURCHASER
CITY OF SEBASTIAN'
BY:
Its:
Date:
Attest:
Clerk
Accepted as to Legal Form and
Sufficiency:
Date:
FLORIDA COMMUNITIES TRUST
Witness Name:
James F. Murley, Chair
Date:
Witness Name:
Accepted as to Legal Form and
Sufficiency:
Ann J. ~Wiid, Trust Counsel
Date:
STATE OF FLORIDA
COUNTY.OF LZON
The foregoing instrument was acknowledged before me this
'day of .., 199_ by JAMES F. MURLEY, as Chair
of---~he Florida Communities Trust. He is personally known to me-
Notary Public
Print Name:
Commission No.
My Commission Expires:
AGC/Option
Amendment II
94-032-P4A
12/20/96
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , __, by
. He\She is personally known to
Notary PUblic
Print Na~e:
.Commission No.
My commission ~xpires:
as~~The f~regoing instrument w~as acknoxledged befqre me_ this
al~-~'-O.~-~ .~ ~ec~. ~She is personally known to '
me.
.,.~ .,~:~:,, pATRIC~A L. JONES
:.: :,:. UY COUUISSiON # CC436812 EX, RES
...~.-~)~i~.~%~ F~bnuuy 25,199~
p.rint Name: (/
COmm lSS10~ NO.
My Commission Expires:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , , by
. He\She is personally known to
Notary Public
Print Name:
Commission No.
My Commission "- ....
Expzres:
AGe/Option
Amendment II
94-032-P4A
12/20/96
La;r ~, ~LN'~9. Hr r ~ ~ I' aX ;"JUzI'gZZZt) f'"J UI~ C z'U ' 'db 1 b: 1 ( I~, Ut)
Exhibit 'A. II."
Unit Block Lot Purchase Price
17 584 24 $ 6,500.00
17 584 26 6,500.00
17 584 27 6,500.00
17 584 28 6,500.00
17 584 2 2,000.00
17 584 3 2,000.00
17 584 4. 2,000.00
17 584 5 2,000.00
17 584 6 2,000.00
17 584 7 2,000.00
17 584 8 2,000.00
17 584 9 2,000.00
17 584 10 2,000.00
17 584 11 2,000.00
17 584 12 2,000.00
17 584 .. 13 2,000.00
17 584 14 2,000.00
17 585 3 2,000.00
17 585 4 2,000.00
17 585 5 2,000.00
17 585 6 2,000.00
17 585 7 2,000.00
17 585 8 2,000.00
17 585 9 2,000.00
17 585 10 2,000.00
17 585 11 2,000.00
17 586 1 2,000.00
17 586 2 2,000.00
17 586 3 2,000.00
17 586 4 2,000.00
17 586 23 2,000.00
17 586 24 2,000.00
17 586 25 2,000.00
17 586 26 ~
$86,000.00
Unit 17., Sebastian Highlands subdivision, further described in
Plat Book 8, Page 46 of the Public Records of Indian River
County, Florida.
AGC/Option
Amendment II
94-032-P4A
2/2o/96
CONTRACT #95-(~T-1W-94-4A-A1,-032
FLORIDA COMMUNITIES TRUST
P4A AWARD # 94-032-P4A
ADDENDUM V TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM V to the Conceptual Approval Agreement is entered into by and
between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State
of Florida Department.of Community Affaks, and the CITY OF SEBASTIAN and IND~ RIVER
COUNTY CFCT Recipient"), this day of__.,199_.
WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets
forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the
receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project Site
subsequent to its acquisition with the FCT Preservation 2000 award;
WHEREAS, the initial term of the Conceptual Approval Agreement expired December 10,
1995;
WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM I to extend
the due date for the required written statements fi.om the Project Site property owners(s) evidencing
that the owner(s) is willing to entertain an offer fi.om the FCT Recipient and by ADDENDUM II to
add the Acquisition Plan as Exhibit "D" to the Conceptual Approval Agreement;
WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM III to
expire June 10, 1996, and by ADDENDUM IV to expke December 10, 1996;
WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph
2 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)(k), F.A.C., has
timely submitted to FCT a written request for extension of the December 10, 1996, deadline;
WHEREAS, the FCT Recipient has requested that the FCT governing body decrease the
amount of the grant award and the FCT governing body approved this request on December 3, 1996;
WHEREAS, GENERAL CONDITIONS paragraph 10 of the Conceptual Approval
Agreement states that the agreement may be amended at any time prior to FCT giving final project
plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and
agreed to by both the FCT Recipient and FCT;
WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval
Agreement as provided by Rule 9K-4.010(2)(k), F.A.C.;
ADDV/94-032-P4A
12-3-96 1
WHEREAS, the parties hereto desire to decrease the amoum of the grant award;
NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows:
1. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph
2. and paragraph 10., the parties hereby agree to revive it nunc pro tune as though it had not lapsed
in accordance with paragraph 2.
2. In every respect, this amendment is to be construed and applied as though the parties
had both signed it before December 10, 1996.
3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is
hereby extended until June 10, 1997.
4. Section 1.3. is-hereby replaced, revised and superseded by the following:
3. The FCT Preservation 2000 award granted to the FCT Recipient will in no
event exceed the lesser of FIFTY percent (50%) of the final total project costs, as
defined in Rule 9K--4.00201), F.A.C., orEIFrY SEVEN THOUSAND .AND 00/100
Dollars ~), unless the FCT Governing Body approves a greater amount
pursuant to Rule 9K-4.011 (2)(a), F.A.C.
addendum.
The date of execution of this addendum shall be the date that the last party signs this
TillS ADDENDUM V TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM IV,
ADDENDUM l/I, ADDENDUM Il, ADDENDUM I, the CONCEPTUAL APPROVAL
AGREEMENT and its Exhibits "A", "B", "C" and "D" embody the entire Agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM V TO
CONCEPTUAL APPROVAL AGREEMENT.
CITY OF SEBASTIAN
BY:
Title:
Date:.
INDIAN RIVER COUNTY
Title: o~a.?f~.
Date:
ADDV/94-032-P4A
12-3-96
Accepted as to Form and Legal
Sufficiency:
Date:
Accepted as to Form and Legal
Sufficiency:
FLORIDA COMlVlUNITIES TRUST
BY:
Jmes F. Murley, Chair
Date:
Accepted as to Form and Legal
Sufficiency:
Date:.
ADDV/94-032-P4A
12-3-96
ClTY OF 5E~ASTIA~
Date
P~ACHAS~R'S RECONCILL%TI~ OF TOTAL FROJECT COSTS
Phase I Atlantic Gulf Co~muni=ies - 34 Parcels
COSTS
Total Land Purchtme ~ric¢
Appraisal Review
Environmental Audi~
Pee Acquisition A~ent fcr County
To:al Ac~lsitlon
$,$00.0¢
702.99
2,650.00
~D00.0~
CC~Ti~ATION 0~ ~]~%NT AWARD AND LOC~I~L ~TC$[ M4OUN~
Share of Pu:chase P=ice
share of Acquisition Rxpense~
Tgtal Share of Project Costs
$ 43,000.00
6,076,..4~
Lo,u1 Mm~_h
Share Cf AcTaisi=ion Expenses
$ 43,000.00
Tot~ Pro)ect Coe~s
$ 49, 076.49 [4}
$
C~,fI~ITATI(:~T OF PREPAXDS. RE~URSEM~NTS. ~DDXTXON~L COSTS AND ~MOUNT~ UU~ A~ CLOS~N~
Option Payment
TDtal ~repaid
100.00
802.99
FCTAmoun: Due A: Closing
Share of To:al Project costs
L~ss To:a! P:epaid Cos%a
T~L~I AmuunL Duc F:~ FCT AL Clu~ing
$ 49, U'ib.4~
$ 48,273.5C
ZNIJZAN RZV:R COLr~y
CZTY OF O~];)7~L~!
Sebastian Scrub
con==ac: #
Da:e
Page 2
Environmental Audi:
A¢~u~sition Conoul:ant rea
To:al Prepaid Cos:s
$ 3, BO0.O0
2,650.00
5.000.00
$ ~1.450.C0
Additional Coats
Record Grant Awa=dRgreement
Coun~Amoun~Due A~ CloaJ..n~
Share of To:aZ ~:oject Co,ts
Flus Total.A~dttionaZ Co~t~
LeSS Total Prepaid Project Cost~
$ 60.O0(b)
49,
60.00
11, 4~0.00
$ 37.686.50
Notes:
(11 Pursuant to memorandum from Stephen Boyle to Anne Peary dated January ~, 1996, the
maximum approved o~rchase price for 56 lots ~$ $241,000.00. P~=suant to addendu~ to :hat
memorandum dated August 28, 1996, deletion o~ 6 lots reduces :he teaaimum approved purchase
price by $41,200.00, resulting in a revised maximum approved purchase price of
$199,800.00. The maxlmL~napprove~ purchase
January ~, 1996, memorandum as to maxirm~u approved purchase price of 30 lots a= $2,000.00
(2) The aD~=ai~al~ a,~ ~Dpr~4~al rev~aw Costs include ali of the project si:e.
(3) Pumsuant to the temms cf ~he option Agreement, the Seller paid the cos: o£ title
insurance. Fu:sua~t to FCT governing body action on. May 1~, 1996, the su~;ey requirement
was waived in accordance with provisions of Rule 9K-6.006(7), F.A.C.
(4) Pursuant to the ter~m of t~e Conceptual A~proval Agree-~nt, the amount of the grant
share of project costs to date ere as follows:
Seller Date FCT Share of
~arael Na~ Closed To,al
Phase I/
34 Parcels Atlantic Gulf Communities S 49.076..49
Total to Date ~ ~9,075.~9
(5) F~yable to Cle£k of Court, Indla~ Rive= County, at clo~ing.
INDIAN RIVXR COUNTY
By:
Date:
hereby approved by %he undersigned.
FLORIDA COM~L~aITIZS TRUST
James F- Mumley, Chair
Date:
By:
This document prepared by:
Ann J. Wild
Florida Communities Trust
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
FLORIDA COMMUNITIES TRUST
P4A AWARDS 94-032-P4A
FCT Contracts
GRANT AWARD AGREEMENT
THIS AGREEMENT is entered into this __ day of .., 199--,
by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a
nonregulatory agency within the State of Florida Department of
Community Affairs, and INDIAN RIVER COUNTY and the CITY OF
SEBASTIAN ("FCT Recipient"), in order to impose terms, conditions,
and restrictions on the use of the proceeds of certain bonds,
hereinafter described, and the lands acquired with such proceeds
and as described in Exhibit "A" attached hereto and made a part
hereof ("Project Site"), as shall be necessary to ensure compliance
with applicable Florida Law and federal income tax law and to
Otherwise implement provisions of Chapters 253, 259, and 380,
Florida Statutes.
WHEREAS, Part III Chapter 380, Florida Statutes, the Florida
Communities Trust Act, creates a nonregulatory agency within the
Department of Community Affairs, which will assist local
governments in bringing into compliance and implementing the
conservation, recreation and open space, and coastal elements of
their comprehensive plans and in otherwise conserving natural
resources and resolving land use conflicts by providing financial
assistance to local governments to carry out projects and
activities authorized by the Florida Communities Trust Act;
WHEREAS, Section i of the Florida Preservation 2000 Act
provides for the distribution of ten percent (10%) of the net
Preservation 2000 Revenue Bond proceeds to the Department of
Community Affairs to provide land acquisition grants and loans to
local governments through the FCT;
WHEREAS, the Governor and Cabinet authorized the sale and
issuance of State of Florida Department of Natural Resources
Preservation 2000 Revenue Bonds ("Bonds");
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;
GAA\94-032-P4A
5-16-96
WHEREAS, Rule 9K-4.010(2)(f), F.A.C., authorizes FCT to impose
conditions for funding on those FCT applicants whose projects have
been selected for funding in accordance with Rule Chapter 9K-4,
F.A.C.;
WHEREAS, the FCT has approved the terms under which the
Project Site is acquired and the deed whereby the FCT 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 FCTRecipi~nt to use the Project
· site acquired thereby for such purposes; and
WHEREAS, such covenants and restrictions shall be imposed b~
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 p%%rpose of this Agreement is to set forth the
covenants and restrictions that are imposed on the Project Site
subsequent to its acquisition with the FCT Preservation 2000 Bond
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 FCT Recipient do hereby contract and agree as
follows:
I. GENERAL CONDITIONS.
1. Upon execution and delivery by the parties hereto, the
FCT Recipient shall cause this Agreement to be recorded and filed
in the official public records of Indian River County, Florida, and
referenced by the warranty deed(s) vesting fee simple title to the
Project Site in the FCT Recipient, and in such manner and in such
other places as FCT may reasonably request, and shall pay all fees
and charges incurred in connection therewith.
2. The FCT Recipient and FCT agree that the State of Florida
Department of Environmental Protection will forward this Agreement
to Department of Environmental Protection Bond Counsel for review.
In the event Bond Counsel opines that an amendment is required to
this Agreement so that the tax exempt status of the Preservation
2000 Bonds is not jeopardized, FCT and FCT Recipient shall amend
the Agreement accordingly.
GAA\94-032-P4A
5-16-96 2
3. This Agreement may be amended at any time. Any amendment
must be set forth in a written instrument and agreed to by both the
FCT Recipient and FCT.
4. This Agreement and the covenants and restrictions
contained herein shall run with the Property herein described and
shall bind, and the benefits shall inure to, respectively, the FCT
and the FCT Recipient and their respective successors and assigns.
5. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida, with respect to
both substantive rights and with respect to procedures and
remedies.
6. Any notice required to be given hereunder shall be given
by personal delivery, by registered mail or by registered expedited
service at the addresses specified below or at such other addresses
as may be specified in writing by the parties hereto, and any such
notice shall be deemed received on the date of delivery if by
personal delivery or expedited delivery service, or upon actual
receipt if sent by registered mail.
Florida Communities Trust
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
ATTN: Executive Director
FCT Recipient:
Indian River County
ATTN: C~m ~n~.
FCT Recipient:
City of Sebastian
ATTN: ~r~.
7. If any provision of the Agreement shall be invalid,
illegal or unenforceable, the validity, legality and enforceability
of the remaining provisions shall not in any way be affected or
impaired.
II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER Z59, CHAPTER
3?$, AND CHAPTER 3SO, PART III, FLORIDA STATUTES.
GAA\94-032-P4A
5-16-96 3
1. If any essential term or condition of this grant
agreement is violated by the FCT Recipient or by some third party
with the knowledge of the FCT Recipient and the FCT Recipient does
not correct the violation within 30 days of notice of the
violation, fee simple title to all interest in the Project Site
shall be conveyed to the Board of T~ustees 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 ~CT shall enter into a new agreement w~th the
transferee, containing such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the
people of Florida.
3. The interest, if any, acquired by the FCT Recipient in
the.P~oject Site will not serve as security for any debt of the FCT
Reclp~ent unless FCT approves the transaction.
4. If the existence of the FCT Recipient terminates for any
reason, title to all interest in real property it has acquired with
the FCT award shall be conveyed to the Board of Trustees of the
Internal Improvement Trust Fund, unless FCT negotiates an agreement
with another local government or nonprofit organization which
agrees to accept title to all interest in and to manage the Project
Site.
5 In
_. _ · _ t~e e~ent that the ~roject Site is damaged or
aes=roye~ or title =o the Project Site, or any .part thereof, is
~k~_by any.gove~n~.~ntal body_thr?ugh the e~erc~se or the threat
~ un~ exercise oz =ne power of emlnent domaln, the FCT Recipient
shall deposit with the FCT any insurance proceeds or any
condemnation award, and shall promptly commence to rebuild,
replace, repair or restore the Project Site in such manner as is
consistent with the Agreement. The FCT shall make any such
insurance proceeds or condemnation award moneys available to
provide funds for such restoration work. In the event that the FCT
Recipient fails to commence or to complete the rebuilding, repair,
replacement or restoration of the Project Site after notice from
the FCT, the FCT shall have the right, in addition to any other
remedies at law or in equity, to repair, restore, rebuild or
replace the Project Site so as to prevent the occurrence of a
default hereunder.
Notwithstanding any of the foregoing, FCT will have the right
to seek specific performance of any of the covenants and
restrictions of this Agreement concerning the construction and
operation of the Project Site.
III. PROJECT SiTE OBLIGATIONS IHPOSED BY PCT ON THE FCT RECIPIENT.
GAA\94-032-P4A
5-16-96
1. The Project Site shall be managed only for the
conservation, protection and enhancement of natural and historical
resources and for passive, natural resource-based public outdoor
recreation which is compatible with the conservation, protection
and enhancement of the Project Site, along with other related uses
necessary for the accomplishment of this purpose. The proposed
uses for the Project Site are specifically designated in the
Project Plan as approved by FCT.
2. The FCT Recipient shall prepare and submit to FCT an
annual report as required by Rule 9K-4.013, F.A.C.
3. The FCT Recipient shall ensure that the future land use
designation assigned to the Project Site is for a category
dedicated to open space, conservation, or outdoor recreation uses
as appropriate. If an amendment to the FCT 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 FCT Recipient.
4. FCT Recipient shall ensure, and provide evidence thereof
to FCT, that all activities under this Agreement comply with all
applicable' local, state, regional and federal laws and regulations,
including zoning ordinances and the adopted and approved
comprehensive plan for the jurisdiction as applicable. Evidence
shall be provided to FCT that all required licenses and permits
have been obtained prior to the commencement of any construction.
5. The FCT Recipient shall, through its agents and
employees, prevent the unauthorized use of the Project Site or any
use thereof not in conformity with the FCT approved project plan.
6. FCT staff or its duly authorized representatives shall
have the right at any time to inspect the Project Site and the
operations of the FCT Recipient at the Project Site.
7. Ail 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 FUT.. The
approvals required from FCT shall not be unreasonably with- held by
FCT upon sufficient demonstration that the proposed structures,
buildings, improvements, signs, vegetation removal or land
alterations will not adversely impact the natural resources of the
Project Site. The approval by FCT of the FCT Recipient's
management plan addressing the items mentioned herein shall be
considered written approval from FCT.
8. If archaeological and historic sites are located on the
Project Site, the FCT Recipient shall comply with Chapter 267,
Florida Statutes. The collection of artifacts from the Project
Site or the disturbance of archaeological and historic sites on the
Project site will be prohibited unless prior written authorization
GAA\94-032-P4A
5-16-96 5
has been obtained from the Department of State, Division of
Historical Resources.
9. The FCT Recipient shall ensure that the Project Site is
identified as being publicly owned and operated as a passive,
natural resource-based public outdoor recreational site in all
signs, literature and advertising regarding the Project Site. The
FCT Recipient shall erect a sign(s) i~ent~fying the Projec~ Site as
being open to the public and as having Been purchased with funds
from FCT and FCT Recipient.
IV. OBLIGATIONS INCURRED BY FCT RECIPIENT A~.A RESULT OF BOND
PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE.
1: If the Project Site is to remain subject after '
acquisition by the State and
........ ---~ ~-~ ~=~A~n~, ~O any of the
~lSt~d activities or interests, the FCT Reci-ien~ -~ ..... ~elo?
60 days written notice of any such activity
or interest to
FC~ P~or to the activity taking place, and shall provide to FCT
such 19formation with respect thereto as FCT reasonably requests in
oru~r to evaluate the legal and tax con- sequences of such activity
or ~nterest.
a. any lease of any interest in the Project Site to a
non-governmental person or organization;
b. the operation of any concession on the Project Site
to a non-governmental person or organization;
c. any sales contract or option to buy things attached
to the Project Site to be severed from the Project Site, with a
non-governmental person or organization;
d. any use of
persons other than in such
general public;
the Project Site by non-governmental
person's capacity as a member of the
e. a management contract of the Project Site with a
non-governmental person or organization; and
f. such other activity or interest as may be specified
from time to time in writing by FCT to the FCT Recipient.
2. FCT Recipient agrees and acknowledges that the following
transaction, events, and c'
lrcumstances 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;
GAA\94-032-P4A
5-16-96 6
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 FCT Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT 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 FCT 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.
V. CONDITIONS THAT AREPARTICULARTOTHEPROJECT SITE~ARESULT
OF THE FCT APPROVED MANAGEMENT PLAN.
1. The FCT Recipient shall provide outdoor recreational
facilities including nature trails, an informational kiosk and a
limited parking area on the Project Site. The facilities shall be
developed in a manner that allows the general public reasonable
access for observation and appreciation of the significant natural
resources on the Project Site without causing harm to those
resources.
2. The timing and extent of a vegetative survey of
vegetative communities and plant species on the Project Site shall
be specified in the management plan. The FCT Recipient shall
detail how the survey shall be used during development of the site
to insure the protection, restoration, and preservation of the
natural resources on the Project Site.
3. The sand pine scrub, xeric oak scrub and scrubby flatwood
plant communities that exist on the Project Site shall be preserved
and appropriately managed to ensure the long-term viability of
GAA\94-032-P4A
5-16-96 7
these vegetative communities. ·
4. The Project Site shall be managed in a manner that
optimizes habitat conditions for listed wildlife species that
utilize or could potentially utilize the Project Site, including
the gopher tortoise, Florida scrub jay and Florida scrub lizard.
The FCT.Recipient shall coordinate with the Florida Game and Fresh
Water Fish Commission, and the U.S. Fish and Wildlife Service, on
the management of the Project Site for the protection of listed
species and listed species habitat. The FCT Recipient shall a~so
conduct Periodic surveys of listed species using the Project S1te
9nd develop informational signs relating to the protection of
liste~ animal species and their habitat, particularly the gopher
tortoise.
5. The FCT Recipient shall work in conjunction with the
Florida Game and Fresh Water Fish Commission and the U.S. Fish and
Wildlife Service to implement the Habitat Conservation Plan
currently being developed to protect scrub habitat within Indian
River County.
6. The FCT Recipient shal} remove invasive exotic vegetation
from Project Site and replant wlth native vegetative species.
7'. Prior to the commencement of any proposed development
activities,, measures will be taken to dete.rmln~ the presence of any
arc~aeo}og}cal sites. Ail planned activities involving known
archaeological sites or potential site areas shall' be closely
coordinated with the Department of State, Division of Historic
Resources, in order to prevent the disturbance of significant
sites.
' _ ~. .The FCT Recipient shall en~ure that the Project Site and
· s=ea animal species and their habitat are sufficiently buffered
from the adverse impacts of adjacent land uses.
9. A vegetative analysis of the Project Site shall be
perform, ed to determine which areas of The Pro)eot site require
mechan%cal clearing or a prescribed burning reglme im lemented to
maintaln natural fire-dependent vegetative P
communities. The FCT
Recipient shall coordinate with the Division of Forestry and the
Game and Fresh Water Fish Commission on the development of a
prescribed burn plan for the Project Site.
10. The FCT Recipient shall remove trash and debris from the
Project Site.
11. The FCT Recipient shall remove and restrict feral and
domestic animals from the Project Site.
12. Access to the Project Site by pedestrians and bicyclists
shall be promoted as an alternative to automobile access.
GAA\94-032-P4A
5-16-96
13. The FCT Recipient shall secure the Project Site from
unauthorized uses.
14. The requirements imposed by other grant program funds
that may be sought by the FCT Recipient for activities associated
with the Project Site shall not conflict with the terms and
conditions of the FCT award.
THIS GRANT AWARD AGREEMENT embodies the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement.
Witness:
INDIAN RIVER COUNTY
Witness Name:
BY:
Its:
Witness Name:
Date:
Attest:
Clerk
Accepted as to Legal Form and
_ _ ' ~,..~ ;"..~'
Witness:
Witness Name:
Witness Name:
CITY OF SEBASTIAN
BY:
Its:
Date:
Attest:
Clerk
Accepted as to Legal Form and
Sufficiency:
Date:
FLORIDA COMMUNITIES TRUST
Witness Name:
James F. Murley, Chair
Date:
Witness Name:
Accepted as to Legal Form and
Sufficiency:
Ann j. Wild, Trust Counsel
Date:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this
day of , 199__ by JAMES F. MURLEY, as Chair of the
Florida Communities Trust. He is personally known to me.
Notary Public
Print Name=
Commission No.
My Commission Expires:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , __, by , as-
. He/She is personally known to me.
Notar~ Public
Print Name=
Commission No.
My Commission Expires=
10
STATE OF FLORIDA
COUNTY OF
day
The foregoing instrument was acknowledged before me this
of , __, by , as
. He\She is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
GAA\94-032-P4A
5-16-96
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94-0:32--i~4A