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HomeMy WebLinkAboutR-96-50RESOLUTION NO. R-96-50 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE CITY ATTORNEY TO ACCEPT AS TO FORM AND LEGAL SUFFICIENCY, ON BEHALF OF THE CITY, AN AGREEMENT AMONG, FLORIDA COMMUNITIES TRUST, THE CITY OF SEBASTIAN, AND INDIAN RIVER COUNTY, THAT AGREEMENT BEING A CONCEPTUAL APPROVAL AGREEMENT AND A CONFIDENTIALITY AGREEMENT ON REAL PROPERTY KNOWN AS "AGC INDUSTRIAL TRACT SCRUB" PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROViDiNG FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, that: Section 1. AGREEMENT. The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to sign and the City Attorney accepts as to Form and legal sufficiency on behalf of the City the Conceptual Approval Agreement and the Confidentiality Agreement Section 2. 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 All resolutions or parts of resolutions in conflict herewith are hereby repealed.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 part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall 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 shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member ~/~~ ~2~n.o~ ~. The motion was seconded by Council member ~-/~~ ,~7.~~t~and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Nonna J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka (~t4Mayor declared this Resolution and this ~-~ of thereupon duly passed adopted day ,1996. ATTEST: Louise R. Cartwfight~Uayof dj K~'I~. O'Halbran, CMO/ME City Cle_rk · ApproveO.a~,-t0 F~ and Content: City Attorney 2 FCT Contract # FLORIDA COMMUNITIES TRUST P56 AWAKD/~ 95-025-P56 CONCEPTUAL APPROVAL AGREEMENT THIS AGREEMENT ~ entered into on ,1996, the date the last party executes this A~eement, by and between the FLOR/DA COMMUNITIES TRUST (FCT), a nonregulatory age.n~y within the State of'Florida Department of Community Affairs, and INDIAN RIVER COUNTY'Ir(FCT Recipient), g' local government.sol the State of Florida. The intent of this Agreement is to impose terms and conditions on the use of the proceeds o£ certain bonds, hereina~er described, and the lands acquired with such proceeds (Project Site), that are necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of' Sections 259. ! 01,375.045, and Chapter 380, Part III, Florida Statutes (F. S.). WHEREAS, Chapter 380, Part III, E S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal elements of local comprehensive plans, or in 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; WHIEKEAS, Section 259.101 (3)(c) of the Florida Preservation 2000 Act provides for the distribution often 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 Environmental Protection Preservation 2000 Revenue Bonds (Bonds); WHEREAS, the Bonds are issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K-4, Florida Administrative Code (F.A.C.), describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund; WHEREAS, the FCT Governing Body met on December 14, 1995, to score, rank and select projects that were to receive Conceptual Approval for funding; CAA/95-025-P56 2-8-96 1 WHEREAS, the FCT Recipient's project, described in an application submitted for evaluation, was selected for funding and in accordance with Rule Chapter 9K-4, F.A.C., and more particularly described within this Agreement; WHEREAS, Rule 9K-4.010(2)(0, F_A.C, authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual Approval that must be satisfied by FCT Recipient prior to the disbursement of any FCT Preservation 2000 funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Series Bond Proceeds. NOW THEREFORE, FCT and FCT Recipient mutually agree as follows: I. GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by FCT Recipient and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 as soon as possible and before April 1, 1996. Upon receipt of the signed Agreements by FCT, FCT will execute the Agreements, retain one original, copy and return all other copies that have been executed to FCT Recipient. If the FCT Recipient requires more than one ohginal document, the FCT Recipient should photocopy the number of additional copies needed, and then execute each as an original document. 2. The name ConceptualApprovalAgreement is used to indicate that the project has been approved as a concept that was described in FCT Application #95-025-P56. Since the project site has not yet been negotiated for acquisition, some elements of the project are not yet known, such as the purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. The Conceptual Approval Agreement is in every respect a grant contract between the parties. The Agreement describes activities that will be conducted both prior and subsequent to acquisition of the project site, which is the subject of the application that was submitted and selected for funding by the FCT. 3. Conceptual Approval for funding shall be until November 8, 1996. In the event the project has not been completed in full by November 8, 1996, the Conceptual Approval Agreement must be extended in order that the grant will remain in effect. In advance of the November 8, 1996, date and in sufficient time before a meeting of the FCT governing board that would allow approval of an extension to this Agreement before its expiration, the FCT Recipient must request a written extension to the Conceptual Approval Agreement for project continuation in compliance with Rule 9K-4.010(2)(k), F.A.C. If the FCT Recipient does not request an extension, or if an extension is not granted to the FCT Recipient by the FCT Governing Body, the Preservation 2000 award granted to the FCT Recipient by the Governing Body shall terminate and all obligations hereunder shall cease. CAA/95-025-P56 2-8-96 2 4. Extensions to this Agreement, described in Paragraph 3 above, shall not exceed two (2) years from date the Agreement was approved by the FCT, except as described in this paragraph. If the project is not concluded by February 7, 1998, the project may only be extended if the FCT Governing Body determines that a request for additional time to complete the project is based upon compelling and extraordinary circumstances that would have precluded the project from having been concluded sooner. This two-year limitation is based upon the FCT's continuing concern at the length of time required by many local governments to conclude their projects, as well as the Florida Legislature's on-going concern at the rate of expenditure of FCT's Preservation 2000 funds. 5. This Agreement may be terminated before its expiration at the written request of the FCT Recipient_ Such a request shall fully describe the circumstances that compel the FCT Recipient to terminate the project. A request for termination should be mailed to the offices of the FCT at the address given in paragraph 1 above. The request for termination will be placed on the agenda of the next regularly scheduled meeting of the FCT Governing Body for concurrence by the FCT. The termination shall be acknowledged by the FCT in a letter to the FCT Recipient. Circumstances may arise that, in the analysis of the FCT, warrant termination of the project before its completion. In such an event, the FCT will advise the FCT Recipient of its analysis and will confer with the FCT Recipient on continuation of the project. If the FCT Recipient concurs, a request for termination will be considered at the next regularly scheduled meeting of the FCT Governing Body. 6. FCT Recipient agrees to make diligent efforts to submit the documentation that is required in this Agreement as soon as is reasonably possible to FCT so that the Project Site may be acquired in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines, whether stated in this Agreement or associated with meetings of the FCT Governing Body, may result in delays in the project, may result in allocation of time or resources to other recipients that responded timely, and may result in this Agreement being voidable. It is the responsibility of the FCT Recipient to know all project deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. 7. The FCT Preservation 2000 award granted to the FCT Recipient will in no event exceed the lesser of FORTY percent (40%) of the final total project costs, as defined in Rule 9K- 4.002(31), FA.C, or TWO HUNDRED THIRTY ONE THOUSAND TWO HUNDRED AND 00/100 Dollars ($231,200.00), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K-4.01 l(2)(a), F.A.C. 8. The grant amount stated in paragraph 7 above is based on the FCT Recipient's estimate of Total Project Costs in application #95-025-P56, as well as limits on awards in the Notice of Application Period announcing the application cycle. When disbursing funds for the project, the FCT will recognize the actual total Project Costs, defined in Rule 9K-4.002(31), F.A.C., for acquisition of the Project Site. The total project costs will be reflected on a grant CAA/95-025-P56 2-8-96 3 reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the actual purchase price, or the maximum approved purchase price based on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is less, and multiplied by the percent stated in paragraph 7 above.. 9. The FCT Governing Body has given Conceptual Approval for funding to acquire the entire Project Site identified in the FCT Recipient's application #95~025-P56. The Governing Body reserves the right to withdraw the FCT award if the acreage that comprises the Project Site is reduced so that the objectives of the acquisition cannot be achieved. Where the Project Site is comprised of multiple parcels, the Governing Body reserves the right to withdraw the FCT award if the priority parcel(s), identified in the acquisition plan prepared pursuant to Paragraph 4 of Section II below and attached as Exhibit ~'A" to this Agreement, cannot be acquired. 10. The FCT funds shall be delivered either in the form of eligible Project Costs prepaid by FCT to vendors or in the form ora state warrant at the closing of the Project Site to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State, or to the FCT Recipient to the extent expended by the FCT Recipient in excess of any local match FCT Recipient to the extent expended by the FCT Recipient in excess of any local match required. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT award that corresponds to the parcel being closed. FCT will prepare a grant reconciliation statement prior to the closing of the Project Site parcel that will evidence the amount of local match, if any is required, provided by the FCT Recipient and the portion of the FCT award that corresponds to the parcel being closed. Cash expended by the FCT for eligible Project Costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 11. The FCT Recipient's local match, if any is required, shall be delivered either in the form of eligible Project Costs prepaid to vendors by the FCT Recipient, or in the form of cash, eligible donation of land value or FCT Recipient's warrant at the closing of the Project Site. If the Project Site is comprised of multiple parcels, the FCT Recipient shall deliver at the closing of each parcel the share of the local match, if any is required, that corresponds to the parcel being closed. The cash expended by the FCT Recipient for eligible Project Costs incurred by the FCT Recipient conducting acquisition activities will be recognized as part of the local match, if any is required, on the reconciliation statement prepared pursuant to paragraph 10 above. In the event FCT Recipient's application #95-025-P56 represents that land is the source of local match, if any is required, the value attributed to the land local match, if any is required, shall be determined after an appraisal report that complies with the procedures and requirements set forth in Rule 9K- 6.007, F.A.C. CAA/95-025-P56 2-8-96 4 12. The FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series P56 Funding Cycle on September 14, 1995, at which time the Project Site became part of a list of lands that were approved for consideration for land acquisition. If action initiated by the FCT Recipient that is the local government having jurisdiction over the project site, subsequent to September 14, 1995, results in a governmentally- derived higher value due to an enhanced highest and best use, the FCT acquisition activities will be terminated unless the seller agrees that the appraisal will be done at the highest and best use of the Project Site on or before September 14, 1995. 13. FCT Recipient hereby notifies the FCT that the following individual is the authorized key contact, or project manager, on behalf of the FCT Recipient for purposes of coordinating project activities for the duration of the project: 14. This Agreement may be amended at any time prior to FCT giving project plan approval to the FCT Recipient. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. II. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION OF PROJECT SITE NEGOTIATION 1. As was requested in the letter from FCT to FCT Recipient dated December 20, 1995, the FCT Recipient must provide FCT with copies of the Property Tax Identification cards for each parcel that comprises the Project Site no later than February 8, 1996. 2. The FCT Recipient hereby notifies the FCT that Fc,:r lt~ztl~m- h~am- [note: elect either FCT, FCT Recipient or FCT Recipient Agent] will be the party responsible for all negotiation and acquisition activities. The parties agree that mutual agreement as to the terms of the real estate contract is in the best interest of both parties and agree to share all information regarding the acquisition of the project site. In particular, the parties agree that prior to initiation of negotiations with owner(s), the appraisal(s) and appraisal review memoranda will be provided by the party responsible for all negotia[ion and acquisition activities to the other party. 3. As was requested in the letter from FCT to FCT Recipient dated December 20, 1995, no later than March 1, 1996, the FCT Recipient must deliver to FCT a written statement from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer from the FCT Recipient and FCT CAA/95-025-P56 2-8-96 5 4. Pursuant to Rule 9K-4.010(2)(j), F.A.C., in the event the Project Site is comprised of multiple parcels, FCT Recipient will provide an acquisition plan attached as Exhibit "A" and made a part of this Agreement. The acquisition plan must be approved by FCT prior to the commencement of negotiations for any parcel in the Project Site. The acquisition plan addresses the order in which the Project Site parcels will be acquired and the measures that will be taken to assure that the entire Project Site will be acquired with the FCT Preservation award to the FCT Recipient. Approval of the Conceptual Approval Agreement, with the acquisition plan attached as Exhibit "A", shall constitute approval of the acquisition plan by FCT 5. No later than April 1, 1996, the FCT Recipient shall execute a Confidentiality Agreement pursuant to Rule 9K-6.010(5), F.A.C. A sample of a Confidentiality Agreement is attached as Exhibit "B"; an Agreement specific to this project will be prepared by FCT for execution by the FCT Recipient. This Confidentiality Agreement is not a part of this Agreement and may be amended without amending this Agreement, if needed. 6. By execution of this agreement, the FCT Recipient affirms that: any is required; the FCT Recipient is ready, willing and able to provide the local match, if #95-025-P56; the FCT Recipient reaffirms the representations made in FCT Application c. the FCT Recipient shall, on the anniversary date of the approval of the project plan by the Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. d. the FCT Recipient authorizes the individual named in this paragraph to execute all documents in connection with this project on behalf of the FCT Recipient, including but not limited to the Conceptual Approval Agreement or any addenda thereto, purchase agreement for the property, grant reconciliation statement, closing documents, statements submitted as a part of the project plan, and Grant Award Agreement pursuant to Rule 9K- 6.014(6), F.A.C.: Name: Title: Address: Phone: CAA/95-O25-P56 2-8-96 6 III. PROJECT PLAN APPROVAL 1. Prior to closing of the real estate transaction and final disbursement of award funds by FCT, the FCT Recipient must prepare a project plan that complies with Rule 9K-4.01 I, F.A.C. This project plan is a compilation of the following items listed below, which must be reviewed and approved by FCT in a meeting of the Governing Body. In the event that the FCT Recipient is a partnership, the FCT Recipient must provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its project plan. The project plan shall include, and shall not be considered by FCT unless it includes all of the following: a. A purchase agreement for acquisition of the Project Site, executed by the property seller and the FCT Recipient, that is based on an appraisal or appraisals prepared consistent with the requirements of Rule Chapter 9K-6, F.A.C., and be otherwise consistent with the provisions of that rule chapter and in a form and with terms that are acceptable to FCT. (See Paragraph 1 of Section IV below) b. A management plan that complies with the following: written according to Exhibit C (FCT Technical Assistance Bulletin #2--Writing a Management Plan), which is attached hereto and incorporated herein by reference; acceptable to FCT; addresses the criteria and conditions set forth in Section V, VI, VII and VIII hereinbelow; and, at a minimum, sets forth how the site will be managed to further the purpose of the project, contains a description of all planned improvements to the Project Site, identifies the costs of management and site improvement and funding sources, and identifies the management entity and its funding source. If the FCT Recipient is not the proposed managing entity, the project plan must include a signed agreement between the FCT Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. c. A statement of the total Project Cost, including all non-recurring costs of project development. d. A statement of the amount of the award being requested from the FCT. e. A statement from each local government in whose jurisdiction the Project Site is located that the project plan is consistent with the local comprehensive plan. fi Evidence that the conditions imposed as part of the Conceptual Approval Agreement have been satisfied. CAA/95-025-P56 2-8-96 7 g. An affidavit from the FCT Recipient evidencing that after conducting a diligent search, the FCT Recipient, to the best of its knowledge, represents that there are no existing or pending violations of any local, state, regional and federal laws and regulations on the Project Site. 2. The FCT strongly encourages the FCT Recipient to request a courtesy review of its entire project plan, but especially its management plan, well in advance of the meeting of the FCT Governing Body where the project plan will be considered for approval and funds will be authorized for disbursement. As a part of its duties to the Governing Body, FCT Staffwill make a recommendation of approval of complete and accurate project plans or disapproval of incomplete or insufficient project plans. FCT Recipient is strongly urged to coordinate with the FCT staff in order that the FCT review of the management plan coincides with both the anticipated Governing Body approval and the closing date of the real estate transaction(s) associated with the project. 3. Pursuant to 9K-4.01 l(2)(h), F.A.C., FCT shall withhold project plan approval if the local comprehensive plan(s) of the FCT Recipient or the FCT Recipient's partner is, for any reason found not in compliance by the Department after conceptual approval has been granted by FCT, unless the FCT Recipient has executed a Compliance Agreement (formerly called a stipulated settlement agreement) with the Department to resolve all of the issues raised by the Department in a statement of intent to find a plan not in compliance issued to pursuant to Section 163.3184(8), F.S. 4. Pursuant to Rule 9K-4.010(3), F.A.C., the FCT shall publish a Notice of Approval for Preservation 2000 Funds in the Florida Administrative Weekly that shall list each project plan that has received approval for funding and the amount of funding approved. Any person with a substantial interest that is or may be determined by the decision of the FCT to reject or approvethe project plan may request an administrative proceeding pursuant to Section 120.57, F.S. within 21 days from publication of the Notice of Approval for Preservation 2000 Funds. Real estate closings associated with the project may close only atSer expiration of the 21-day notice period, so long as no requests for an administrative proceeding have been filed. IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CI:IAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, F.S. FCT RECIPIENT AGREES AS FOLLOWS: 1. FCT shall approve the terms under which the interest in land is acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT governing body approves and executes the purchase agreement for acquisition of the Project Site, further described in Section III. 1 .a. above, to which FCT is a party. CAA/95-025-P56 2-8-96 8 2. Title to the Project Site shall be titled in the FCT Recipient, unless the FCT Recipient specifically requests that title shall permanently vest in the Board of Trustees of the Internal Improvement Trust Fund (Trustees). Such request shall be subject to the approval of FCT and the Trustees. The FCT Recipient hereby elects that title to the Project Site shall be vested in ~q~q l~v~F-, e.v~ [Note--insert either the name of FCT Recipient or Board of Trustees of Internal Improvement Trust Fund]. If the FCT Recipient elects that title shall vest in the Trustees, then all acquisition activities shall be administered by the Division of State Lands as specified in Section 253.025, F.S., and Rule 18-1, F.A.C. 3. The transfer of title to the FCT Recipient for the Project Site shall not occur until the requirements for the acquisition of lands, as specified in Section 380.507(11), F.S., and Rule Chapter 9K-6, F.A.C., have been fully complied with by the FCT Recipient and FCT. 4. Any deed whereby the FCT Recipient acquires title to the Project Site shall contain or be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.045 and 375.051, F.S.; Section 9, Article XII of the State Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the Project Site conveyed thereby for such purposes. Such covenants and restrictions as are described in this paragraph shall be in the form of a Grant Award Agreement, prepared by FCT, executed by the parties to the Conceptual Approval Agreement and recorded at the time of closing of the Project Site. The recordable Grant Award Agreement shall restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. All statements contained in the recordable Grant Award Agreement are contained in this Conceptual Approval Agreement, with the exception of statements that do not survive the real estate closing of the Project Site. 5. The Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 4 above and describing the real property subject to the Agreement shall be executed by the FCT and FCT Recipient at the time of the conveyance of the Project Site and shall be recorded in the county in which the Project Site is located. 6. If any essential term or condition of the Grant Award Agreement is violated, and the FCT Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The deed transferring title to the Project Site to the FCT Kecipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 7. The interest, if any, acquired by the FCT Recipient in the Project Site shall not serve as security for any debt of the FCT Recipient. CAA/95-025-P56 2-8-96 9 8. 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 or revert 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. 9. The Project Site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation that 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 must be specifically designated in the management plan approved by the FCT as a part of the project plan. Ve OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the acquisition of the Project Site, 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, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient subsequent to the Project Site's acquisition. 2. 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 applicable adopted and approved comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 3. 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 management plan approve by the FCT as a part of the project plan. 4. 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. 5. 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 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, 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. CAA/95-025-P56 2-8-96 10 VI! OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Sections 375.045(4) and 380.510(7)(a) and (b), F.S., to impose conditions for funding on FCT Recipient in order to ensure that the project complies with the requirements for the use of Preservation 2000 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. If the Project Site is to remain subject, after its acquisition by the FCT Recipient and/or the Trustees, to any of the below listed transactions, events, and circumstances, the FCT Recipient shall provide at least 60 days advance written notice of any such transactions, events, and circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest. FCT Recipient agrees and acknowledges that the following transactions, events, and circumstances 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 FCT Recipient further agrees and acknowledges that the following transactions, events, and circumstances 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: organization; any sale or lease of any interest in the Project Site to any person or organization; the operation of any concession on the Project Site by any person or c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; 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 of the Project Site with any person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. The foregoing are collectively referred to as the "Disallowable Activities." CAA/95-025-P56 2-8-96 11 VII. DISALLOWABLE ACTIVITIES/REMEDIES In the event that FCT determines at any time or from time to time that the FCT Recipient is engaging or allowing others to engage in Disallowable Activities on the Project Site, the FCT Recipient agrees to immediately cease or cause the cessation of the Disallowable Activity upon receipt of written notice from the FCT. To the extent allowed by law, FCT Recipient hereby indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any nature whatsoever arising from or with respect to Disallowable Activities on the Project Site. Nothing herein shall be deemed a waiver of the FCT Recipient's sovereign immunity. In addition to all other rights and remedies at law or in equity, FCT shall have the right to temporary and permanent injunctions against FCT Recipient for any Disallowable Activity on the Project Site. 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 i-N NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON TI--lIE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. VIH. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN The management plan for the Project Site is mentioned throughout this Agreement, and is particularly described in Paragraph 1 .b. of Section III 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 received scoring points or observations made by the FCT staff during the site visit described in Rule 9K-4.010(2)(f), F.A,C.: 1. The FCT Recipient shall provide outdoor recreational facilities including nature trails, picnic areas, a boardwalk, restrooms, informational displays and limited parking 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. Ihe 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. CAA/95-O25-P56 2-8-96 12 3. The sand pine scrub, xeric oak scrub, scrubby flatwoods and wetland communities that exist on the Project Site shall be preserved and appropriately managed to ensure the long- term viability of 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 also conduct periodic surveys of listed species using the Project Site and develop informational signs relating to the protection of listed animal species and their habitat. 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 shall remove approximately 13 acres of invasive exotic vegetation from the perimeter of the freshwater wetland and the remainder of the Project Site. 7. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources, in order to prevent the disturbance of significant sites. 8. The FCT Recipient shall ensure that the Project Site and listed 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 performed to determine which areas of the Project Site require mechanical clearing or a prescribed burning regime implemented to maintain natural fire-dependent vegetative 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 bum plan for the Project Site. 10. The FCT Recipient shall remove all trash and debris from the Project Site. 11. Access to the Project Site by pedestrians, bicyclists and persons on non-motorized vehicles shall be promoted except in those areas where resource protection considerations warrant limiting access. 12. 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. CAA/95-025-P56 2-8-96 13 This Agreement including Exhibits "A", "B" and "C" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. INDIAN RIVER COUNTY Name: FLORIDA COMMUNITIES TRUST By: James F. Murley, Chair Date: Accepted as to Form and Legal Sufficiency: Accepted as to Form and Legal Sufficiency: Ann J. Wild, Trust Counsel Date: CITY OF SEBASTIAN Accepted as to Form and Legal Sufficiency: -- Date CAA/95-025-P56 2-8-96 14 Acquisition Plan EXHIBIT A FCT Project Number- FCT Pro'jeer Name: Applicant/Recipient: Rule 9K-4.010(2)(j), Florida Administrative Code, reads as follows: If the project site is comprised of multiple parcels, the applicant, in conjunction with the Trust staff, shall develop an acquisi%ion plan to be made a part of the Conceptual Approval Agreement. The plan shall identify the priority parcels, the general order in which parcels will be acquired and the measures thaE will be taken to assure that all reasonable effort is made to secure the entire project site. Florida Communities Trust (FCT) staff will review the acquisition plan to assure that the purposes of the project can be achieved in the event all parcels can not be acquired. Is your site comprised of multiple parcels? (yes or no) If you answered yes, please complete the following information. Use additional paper or attachments if needed: Identify the priority parcels needed to achieve the purposes of the project. Identify the general order in which parcels will be acquired. Identify the measures that will be taken to assure that all reasonable effort is made to secure the entire project site. Prepared by: Approved by FCT Staff: Date: Date: EXHIBIT B Contract No: FCT Project No: CONFIDENTIALITY AGREEMENT This is a Confidentiality Agreement ("Agreement") pursuant to Rule 9K-6.010(5), Florida Administrative Code (F.A.C.). Parties to the Confidentiality Agreement: ("FCT Recipient"), a State of Florida, and the Florida Communities Trust ("FCT"), a nonregulatory agency within the Department of Community Affairs. Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the project site in FCT application that was selected for funding and is governed by a Conceptual Approval Agreement for FCT Project Number ("Project Site"). Confidentiality: a) Pursuant to Rule 9K-6.002(17), F.A.C., the term "Confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07(1), Florida Statutes (F.S..). b) The FCT Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and counteroffers as required by Section 125.355(1) (a), F.S., for counties, or Section 166.045(1) (a), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C. The FCT Recipient may disclose such confidential information only to the individuals listed herein below. c) Requests to add persons to the disclosure list must be made in writing and the FCT Recipient must receive the written consent of the FCT Executive Director and execute an Addendum to the Agreement. All confidentiality requirements outlined above shall apply to individuals added to the list. d) The undersigned board members and staff of the FCT Recipient ("FCT Recipient") and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and counter-offers concerning FCT Project Number , as required by Section 125.355 (1) (a), F.S., for counties, ~r section 166.045 (1) (A), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C., and by this Confidentiality Agreement between the FCT Recipient and FCT. e) The undersigned certify that they have no legal or beneficial interest in the Project Site. CONFID/FCT# REV. 2/23/95 Date Signature FCT Recipient Board Member, Staff or Agent name FCT RECIPIENT FLORIDA COMMUNITIES TRUST By: (Name) Its: Date: By: Anne Peery, Executive Director Date: Approved Legality: By: to Form and Approved as to Form Legality: By: Trust Counsel and CONFID/FCT#. REV. 2/23/95 FLORIDA COMMt/NITIES TRUST PRESERVATION 2000 AND ACSC PROGRAMS Technical Assistance Bulletin: 02 EXHIBIT C Writing a Management Plan The conceptual management plan submitted as a part of a Florida Communities Trust ("FCT") grant application or proposal serves as a basis for the management plan for project sites purchased with funds from FCT. Materials and information gathered for the application or proposal can and should be reflected in the plan where appropriate. Conditions required in the Conceptual Approval Agreement or Grant Agreement should be incorporated in the management plan. Location map, boundary map, vegetative surveys, site plans, Conceptual Approval Agreement, the recorded deed when it becomes available, and other supporting documents should be included as exhibits or included in the appendix of the management plan for ~uture readers. The following general outline identifies the range of issues to be addressed in the management plan, where applicable. iNTRODUCTION AND GENERAL INFORMATION Provide a table of contents of the management plan. Provide information including the name of the project, the location of 5he Project Site, and other general information such as a brief resource description, and historical information relevant to site management. PURPOSE OF THE PROJECT AND MANAGEMENT Discuss =he purpose for acquiring the Project Site and proposed future uses consistent with statements made in the application or proposal. Provide a su~mary of the comprehensive plan directives that would De furthered by managing the site as proposed. Commitments made in the application or proposal and reinforced by conditions of the grant funding must be reflected in the management plan. Identify the principle objectives for managing natural resources and compatible outdoor recreation. Identify a procedure to amend the land use designation to conservation, outdoor recreation, open space, or other similar category once the land is acquired. Include provisions to ensure that the Project Site is identified in all signs, literature, and advertising as being publicly owned, open to the public and operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive language, and identifying the Project Site as having been purchased with funds from the FCT and the Recipient. rev. 3/94 .... ~ 1 SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS Incorporate a provision for requesting written approval from the FCT before undertaking any site alterations or physical improvements that are not addressed in the FCT approved management plan. Physical Improvements: Identify and locate existing and proposed physical improvements to the Project Site on a master site plan. These might include such things as signs, fences, walkways, recreational paths, campgrounds, restrooms, educational space, utility corridors, parking areas and buildings. Identify any proposed alteration of land use or character, the approximate area affected and how this activity will be coordinated with the protection of listed plant and animal species. Identify any permits or approvals that may be required for the development or restoration work and a procedure for providing evidence to the FCT prior to the initiation of any activity that all required licenses and permits have been obtained. Include the placement of at least one sign identifying the Project Site as being open to the public, purchased with funds from FCT and the Recipient, operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive language. Access: Identify how access to the Project Site will be provided. For example, are parking places proposed on-site, and if so, approximately how many spaces or how much area will be devoted to this use? If parking is not proposed on-site, are there existing or proposed spaces adjacent to or sufficiently near the property? Identify any proposed access to waterbodies including, but not limited to, marinas, docks, boat ramps, fishing piers or viewing platforms and the approximate size of the facility. Consider providing bike paths to the site and bike racks at the site to provide an alternative to automobile transportation to the Project Site. Access to Project Sites should be compatible with all state and federal construction standards, including the Americans with Disabilities Act. Easements, concessions, or leases: Identify existing and proposed easements, concessions, or leases. If easements, concessions, or leases are anticipated to be granted on the Project Site, such proposed arrangements need to be identified. These might include utility rights- of-way, flowage or access easements, recreation or supply concessions, and leases or other instruments that would allow grazing, timbering, agriculture, or other revenue producing enterprises. Include a procedure to provide 60 days prior written notice and information regarding any lease of any interest, the operation of any concession, any sale or option, any use other than by a member of the public, and management contracts of the Project Site with non-governmental persons or organizations. KEY MANAGEMENT ACTIVITIES Maintenance: Identify required maintenance activities, including but not limited to, trash removal, site cleanup, and facilities upkeep. Identify the entity responsible for property maintenance. Identify procedures to ensure that dumping of trash or hazardous material does not occur on or adjacent to the Project Site. Identify contemplated service contracts rev. 3/94 2 with private concerns such as garbage removal, restroom cleaning, security guards, etc. Security: Identify the parties responsible for preventing vandalism, trespassing, and other property damage. Identify measures to protect the Project Site and the public using the site such as on-site manager, security guards, neighborhood watch, emergency phones, etc. Staffing: Identify the expected staffing requirements for management of the Project Site including both permanent and volunteer staff. Natural resource protection: Identify the natural resources at the Project Site and the issues, problems, and proposed management techniques associated with protection of those natural resources. Management techniques should include, but not be limited to, a baseline survey of listed plant and animal species, protection of listed plant and animal species, protection of imperiled or critically imperiled vegetative communities, protection of geological features, protection of surface water and groundwater quality and hydrology, and prescribed burns. Identify monitoring activities to insure the continued viability of vegetative communities and listed species found on the Project Site. The monitoring plan should include periodic surveys of the vegetative communities, listed plant species, and listed animal species found on the Project site. Provide for forwarding survey information on the occurrence of listed plant and animal species to the Florida Natural Areas Inventory. Resource restoration and enhancement: Identify the primary components of the Project Site enhancement and restoration effort, if any. These might include removal of invasive exotic plant species, removal of feral animals, restoration of wetlands, improvement of surface water quality, recovery plan for listed species, and restoration of uplands habitat. This section should include a time frame for implementing and completing the activities and a monitoring program to insure success of the resource enhancement activities. Identify parts of the property that require different degrees or types of enhancement management. Archaeological and historical resource protection: Identify any archaeological or historical sites on the Project Site and the primary components of managing the archeological or historical sites. Outline procedures to protect archeological or historical sites that may be identified in the future. Incorporate a provision that if any archaeological and historic resources are discovered at the Project Site, the Recipient shall comply with the provisions of Chapter 267, Florida Statues specifically Sections 267.061 (2) (a) and (b). Provide for coordination with the Division of Historical Resources, Florida Department of State. Coordination: Explain how the management of the site will be coordinated with other adjacent land owners and other resource protection agencies. For example, in the case of prescribed burns, what measures will be used to minimize impacts on nearby residential properties? Identify measures to protect the Project Site from adjacent off-site activities that might impact resources on the Project site such as pesticide spraying on adjacent property, water treatment facility discharging into creeks flowing through Project Site, etc. rev. 3/94 3 Include provisions to cocrdinate wi~h other agencies ~or appropriate guidance, recommendations, and necessary permits that may be related to the Project Site, such as the following: the Florida Game and Fresh Water Fish Commission and U.S. Fish and Wildlife Service to avoid impacts to listed species; the 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; the Division of Forestry and the Game and Fresh Water Fish Commission on the implementation of a prescribed burn program; other local, state, or federal agencies special management plans, if appropriate. COST ESTIMATE AND F~INDING SOURCE Identify the estimated costs of the various development and management activities outlined in the management plan. For review and analysis purposes, the estimated costs should be separated into the same categories as the identified activities. Identify the entity that will pay for development and management of the Project Site and some measure of the commitment or capacity to provide these monies. For example, adequate personnel and resources in the local parks and recreation department may exist to address the added burden associated with the Project Site. Identify any citizen organization or non-profit groups committed to providing services or funding and a measure of commitment or capacity to provide these services. PRIORITY SCHEDULE Identify a proposed time line for implementing the development and management activities of the management plan based on established priorities and the availability of funds. Provide a graphic display of the implementation time lines. MONITORING Identify procedures for assessing progress in achieving goals set forth in the management plan such as the percentage of property restored, inventory of species using the Project Site, etc. identify procedures for periodic amendment to the management plan, when appropriate. Include a provision acknowledging responsibility for preparing an annual stewardship report to the FCT, due on the anniversary date on which the Project Plan was approved by FCT. The Florida Communities Trust 2740 Centerview Drive Tallahassee, FL 32399-2100 904/922-2207 SunCom 292-2207 rev. 3/94 4 Contract No: FCT Project No; 95-025-P56 CONFIDENTIALITY AGREEMENT This is a Confidentiality Agreement ("Agreement") pursuant to Rule 9K-6.010(5), Florida Administrative Code (F.A.C.). Parties to the Confidentiality Agreement:INDIAN RIVER COUNT~("FCT Recipient"), ~ political subdivision~within the state of Florida, and the Florida Communities Trust ("FCT"), a nonregulatory agency within the Department of Community Affairs. Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the project site in FCT application 95-025-P56\AGC INDUSTRIALTRACT SCRUB that was selected for funding and is governed by a Conceptual Approval Agreement for FCT Project Number 95-025-P56\AGC INDUSTRIAL TP~ACT SCRUB("Project Site"). Confidentiality: a) Pursuant to Rule 9K-6.002(17), F.A.C., the term "Confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07(1), Florida Statutes (F.S.). b) The FCT Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and counteroffers as required by Section 125.355(1) (a), F.S., for counties, or Section 166.045(1) (a), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C. The FCT Recipient may disclose such confidential information'only to the individuals listed herein below. c) Requests to add persons to the disclosure list must be made in writing and the FCT Recipient must receive the written consent of the FCT Executive Director and execute an Addendum to the Agreement. Ail confidentiality requirements outlined above shall apply to individuals added to the list. d) The undersigned board members and staff of the FCT Recipient and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and counter-offers concerning FCT Project Number 95-025-P56\AGC INDUSTRIAL TRACT CONFID/FCT# 95-025-P56 REV. 2/23/95 SCRUB, as required by Section 125.355 (1) (a), F.S., for counties, or Section 166.045 (1) (A), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C., and by this Confidentiality Agreement between the FCT Recipient and FCT. e) The undersigned certify that they have no legal or beneficial interest in the Project Site. Date FCT Recipient Board Member, Signature Staff or Agent name T~~ ?. ~'~ CONFID/FCT# 95-025-P56 REV. 2/23/95 INDIAN RIVER COUNTY (Name) Approved as to Form Legality: and CITY OF SEBASTIAN Na~e: ~w,~~ ~. Accepted as to Form and Legal Sufficiency: Date: FLORIDA COMMUNITIES TRUST By: Anne Peery, Executive Director Date: Approved Legality: as to Form and By: Trust Counsel CONFID/FCT# 95-025-P56 REV. 2/23/95