HomeMy WebLinkAboutR-97-07RESOLUTION
A RESOLUTION OF THE CITY ~
COUNTY, FLORIDA, AUTHORIZIN(~
CITY CLERK TO ATTEST, ON BEHA
TO THE OPTION AGREEMENT Fi
SCRUB LOTS IN UNIT 17, SEBASTIA]
THE CONCEPTUAL APPROVAL
RECONCILIATION OF TOTAL PRO
STATEMENT AND GRANT AWARD 3
GULF COMMUNITIES CORPORA~
TRUST, THE CITY OF SEBASTIAI~
PROVIDING FOR REPEAL OF
NO. R-97-07
)F SEBASTIAN, INDIAN RIVER
~ THE MAYOR TO SIGN AND THE
~F OF THE CITY, AMENDMENT H
iR SALE AND PURCHASE OF :}4
~l HIGHLANDS, ADDENDUM V TO
AGREEMENT, PURCHASER'S
IECT COSTS, BUYER'S CLOSING
GREEMENT, AMONG ATLANTIC
['ION, FLORIDA COMMUNITIES
I, AND INDIAN RIVER COUNTY,
RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT ~EREWITH; PROVIDING FOR
SEVERABILiTY; AND PROVIDING I OR AN EFFECTIVE DATE.
1
WHEREAS, on May 24, 1995, the City council approved a Conc,e, ptual Approval Agreement
and Confidentiality Agreement with Florida Communities Trust ("FCT), a nonregulatory agency
within the State of Florida Department of CommuniSt Affairs and Indian River County (the "County")
for land acquisition funds from the Preservation 2~)00 Trust Fund with the stipulation that the City
and the County enter into an Interlocal Agreement d elineating the responsibilities of the City and the
County within 120 days or the Agreement as amer~ded 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 ~tttest an Interlocal Agreement with Indian River
County for the Sebastian Highlands Scrub Project, tl~i_.s same Agreement having been approved by the
Board of County Commissioners for Indian River County on October 3, 1995; and
1
WHEREAS, on May 8, 1996, the City Coul~cil adopted Resolution No. R-96-36, authorizing
the Mayor to sign and the City Clerk to attest the pre,posed Option Agreement for Sale and Purchase
for thc acquisition of 56 scrub jay lots in Sebastia~ Highlands Unit 17 with funding to be provided
by Florida Communities Trust and Indian River C~
WHEREAS, the Indian River County Conu
scrub lots in Unit 17, a reduction in the original a
Florida Communities Trust; and
WHEREAS, Indian River County has re,
option agreement for sale and purchase and to a
Addendum V to the Conceptual Approval Agree
Costs, Buyer's Closing Statement and Grant Awa~
}unty; and
aission approved the purchase of 34 of the AG-C
mount earlier approved by the City, County and
uested the City to approve amendments to the
Drove Amendment II to the Option Agreement,
ent Purchaser's Reconciliation of Total Project
· d Agreement.
NOW, THEREFORE, BE 1T RESOLVEI
OF SEBASTIAN, INDIAN RIVER COUNTY,
Section 1. AGREEMENT. The Mayol
Florida, is hereby authorized to sign, and the City C
ii to the Option Agreement for sale and purcha!
Highlands, Addendum V to the Conceptual Approva
Project Costs, Buyer's Closing Statement and Gr~
having been attached to this Resolution as Exhibit
~. CONFLICT. All resolution.
hereby repealed.
S~ion3. SEVERABILITY, In the eve~
determine that any part of this Resolution is im
Resolution shall not be affected and it shall be presun
did not intend to enact such invalid or unconstitution~
City Council would have enacted the remainde:
unconstitutional provision, thereby causing said re~
Section
adoption.
The
EFFECTIVE DATE. This
foregoing Resolution was
The m
and, upon being pu!
2
2) BY THE CITY COUNCIL OF THE CITY
FLORIDA, that:
of the City of Sebastian, indian River County,
lerk to attest, on behalf of the City, Amendment
;e of 34 ACJC scrub lots in Unit 17, Sebastian
Agreement Purchaser's Reconciliation of Total
at Award Agreement, the proposed Agreement
'A" and by this reference is incorporated herein.
or parts of resolutions in conflict herewith are
a court of competent jurisdiction shall hold or
,alid or unconstitutional, the remainder of the
ted that the City Council of the City of Sebastian
ti provision. It shall further be assumed that the
of this Resolution without such invalid and
aainder to remain in full force and effect.
Resolution shall take effect immediately upon its
moved for adoption by Councilmember
,tion was seconded by Councilmember
to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Resolut
1997.
CIT~
· ATTE)ST: ..
Kafla3m M.vO~ 'H_ .a .~ran, CMC/AAE
Cit37 Cle~-k ~-' 5
(s :
Approved ~ Fora and Contem:
By:
Loui
Valerie F. Settles.
City Attorney
ion duly passed and adopted this _~ day of
OF SEBASTIAN, FLORIDA
R. Cartwright, Mayor
%~__1" I . Lklrqr9. HI-I-H I.K~
r ax; ~,~zzzo F~
AMENDMENT II TO OPTION AGREE
This Amendment II to option
entered into this day of
ATLANTIC GULF COMMUNITIES CORPOP~
Seller, and the FLORIDA COMMUNIT!
within the Florida Department of
SEBASTIAN and INDIAN RIVER COUNTY
WHEREAS, Seller and Purchaser
for Sale and Purchase ('option Ag~
described in Exhibit A of the Opt
dated March 12, 1996;
WHEREAS, the Seller and Purcha
option Agreement for Sale and Pur
Property and to decrease the purc
dated October 2, 1996;
WHEREAS, the Seller petitioned
from assessments on the lots here
relief;
WHEREAS, the parties hereto wi
Agreement, as amended, to delete
Property as set forth below, decr
extend the option expiration date
NOW THEREFORE, in consideratic
covenants herein contained, the p
1. Exhibit "A' to the option Agz
revised and superseded by Exhibit
2. The option Agreement, as amen
reflect the purchase price of $86
deletion of lots from the option
purchase price is calculated as s
hereto.
3. The option expiration date is
1997. Notwithstanding anything t
the option Agreement, all prepare
to Acquiring Agency for review an
prior to the Option Expiration Da
to the contrary in Paragraph 10 a
neither the Option Expiration Dar
extended beyond January 31, 1997.
AGC/Option
Amendment II
94-032-P4A
12/20/96
U~C ZU '~O lO;iD I~.U~'
KENT FOR SALE AND PURCHASE
eement for Sale and Purchase is
, 199__, by and between
rION, a Delaware corporation, as
ES TRUST, a nonregulatory agency
Community Affairs, the CITY of
collectively, as Purchaser.
Lntered into an Option Agreement
~eement") of the real property
ion Agreement (the 'Property")
set entered into an Amendment to
chase, to delete lots from the
~ase price of the Property,
Indian River County for relief
in described and was denied such
sh to amend the option
additional lots from the
ease the purchase price and
of the premises and the mutual
arties agree as follows:
eement, is hereby replaced,
"A.II" attached hereto.
9ed, is hereby amended to
,000.00, in consideration of the
~greement, as amended. The
~own on Exhibit 'A.II." attached
hereby extended to January 31,
~ the contrary in Paragraph 9 of
~ documents shall be submitted
~ approval at least 15 days
t~. Nothwithstanding anything
od 13 of the Option Agreement,
nor the closing date may be
DEPT. CDI~. F~-FF~IRS
4. The terms of this Amen.dment ~ha11 be binding upon and
to the benefit of the partxes hereto and their respective
Fax:9049222679 Dec 20 '96 16:16 P.O~
inure
successors and assigns.
5. .Except as expressly set fort]
as amended, shall remain in full
ratified and confirmed as of the
L herein, the Option Agreement,
force and effect and is hereby
Amendment date.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals on the day first|above written.
Witness:
Witness Name:jA~
W~tness Name.
GULF COMMUNITIES
.January 8, 1997
tCHASER
)IAN RIVER COUNTY
PU
IN
Witness Name: _
Witness Name: / I
Atl ;est: ~
Ac~.epted as to Legal F6r~ and
sufficiency: ,
AGC/Option
Amendment II
94-032-P4A
witness:
Witness ' Name~~W~ ~W~WgW~
C]
BI
Witne~ Name:
Witness Name:
D~
At
Ac
F
STATE OF FLORIDA
COUNTY.OF LEON
J~
A(
oec ~ '96 15:15 F. o4
a]
The foregoing instrument w~
'day of , 1!
of the Florida Communities Trus~
AGC/Option
a~endment II
94-032-P4A
12/20/96
RCHASER
TY OF SEBASTIAN'
:cepted as to Legal Form and
~fficiency:
~ate:
ORIDA COMMUNITIES TRUST
~mes F. Murley, Chair
~te:
:cepted as to Legal Form and
~fficiency:
tn J. Wild,. Trust Counsel
re:
s acknowledged before me this
;9_ by JAMES F. MURLEY, as Chair
He is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
STATE OF FLOR~DA'~ '
COUNTY OF ~
STATE OF FLORIDA
j~_ The f~egoing instrument
,day o~/~ I J~^.._ ~
,,_,.,."v",,:,, PATRICIA L. JONES
, ,,~:,~, ,0~BONDED 1TRU TROY F/UN INSURANCE. INC.
STATE OF FLORIDA
COUNTY OF
The foregoing instrument
day of ,,,,
me o
AGC/Option
Amendment Ii
94-O32-P4A
12/20/96
~j, bChO~led,g~~e }e
as acknowledged bef,~re me this
~She is personally ~no~ to
Notary pd6ite-
P[in= Name:
co~ission No.
My Co~ission Expires:
as acknowledged before me this
, , by
He\She is personally known to
Notary Public
Print Name:
Commission No.
My Commission Expires:
Exhibi
17 584 24
17 584 26
17 584 27
17 584 28
17 584 2
17 584 3
17 584 4
17 584 5
17 584 6
17 584 7
17 584 8
17 584 9
17 584 10
17 584 11
17 584 12
17 584 _~ 13
17 584 14
17 585 3
17 585 4
17 585 5
17 585 6
17 585
17 585 8
17 585 9
17 585 10
17 585 11
17 586
17 586 2
17 586 3
17 586 4
17 586 23
17 586 24
17 586 25
17 586 26
Unit 17., Sebastian Highland~ su
Plat Book 8, Page 46 of the Pub
County, Florida.
AGC/0ption
Amendment II
94-032-P4A
Z2/20/96
Purchase Price
$ 6,500-.00
6s500.00
6,500.00
6,500.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
2,000.00
$86,ooo.00
division, further described in
Lic Records of Indian River
CONTRACT #~5-CT-1Wr94,~4A-A~l-032
ADDENDUM V TO CONCE~
THIS ADDENDUM V to the Conce
between the FLORIDA COIvlMUNIT1ES TRUi
of Florida Department of Community Affairs, an
COUNTY ("FCT Recipient"), this day of,,
WHEREAS, the parties hereto entere¢
forth the conditions of conceptual approval tl
receipt of the FCT Preservation 2000 award and
subsequent to its acquisition with the FCT Pre
WHEREAS, the initial term of the Cor~
1995;
WHEREAS, the Conceptual Approval ,~
the due date for the required written statements
that the owner(s) is willing to entertain an offer
add the Acquisition Plan as Exhibit "D" to the
WHEREAS, the Conceptual Approva
expire June 10, 1996, and by ADDENDUM P
WHEREAS, the FCT Recipient in acc.
2 ofth'e Conceptual Approval Agreement and
timely submitted to FCT a written request for
WHEREAS, the FCT Recipient has r~
amount of the grant award and the FCT governh
WHEREAS, GENERAL CONDITIi
Agreement states that the agreement may be a~
FLORIDA COMMUNITIES TRUST
P4A AWARD # 94-032-P4A
rUAL APPROVAL AGREEMENT
,p. tual Approval Agreement is entered into by and
,T CFCT"), a nonregulatory agency within the State
:1 the CITY OF SEBASTIAN and INDIAN RIVER
... ,199_.
. into a Conceptual Approval Agreement which sets
tat must be satisfied by FCT Recipient prior to the
:he restrictions that are imposed on the Project Site
..rvation 2000 award;
ceptual Approval Agreement expired December 10,
greement was amended by ADDENDUM I to extend
~rom the Project Site property owners(s) evidencing
from the FCT Recipient and by ADDENDUM II to
Conceptual Approval Agreement;
Agreement was amended by ADDENDUM 1II to
to expire December 10, 1996;
)rdance with GENERAL CONDITIONS paragraph'
compliance with Rule 9K-4.010(2)(k), F.A.C., has
:xtension of the December 10, 1996, deadline;
:quested that the FCT governing body decrease the
tg body approved this request on December 3, 1996;
)NS paragraph 10 of the Conceptual Approval
nended at any time prior to FCT giving final project
plan approval to the FCT Recipient. Any agr~:ement must be set forth in a written instrument and
agreed to by both the FCT Recipient and FCT~
/
WHEREAS, the parties hereto desir~ to extend the term of the Conceptual Approval
Agreement as provided by Rule 9K-4.010(2)(k), F.A.C.;
ADDW94-032-P4A
12-3-96
WHEREAS, the parties hereto desire
NOW TItEREFOKE, the FCT and FCT REC
1. Notwithstanding the language
2. and paragraph 10., the parties hereby agree
in accordance with paragraph 2.
2. In every respect, this amendmer
had both signed it before December 10, 1996.
3. The Conceptual Approval
hereby extended until June 10, 1997.
4. Section 1.3. is hereby replaced,
3. The FCT Preservation
event exceed the lesser of FIF
defined in Rule 9K4.002(31), P
Dollars ($57.000.00), unless ti
pursuant to Rule 9K-4.011(2)(
addendum.
The date of execution of this ad
THIS ADDENDUM V TO CONCEPTUAl
ADDENDUM IH, ADDENDUM II, AD
AGREEMENT and its Exhibits "A", "B", "C'
parties.
IN WITNESS WHEREOF, the parties her
CONCEPTUAL APPROVAL AGREEMEN'
CITY OF SEBASTIAN
Titl~.',,~, .'~~__~
Date: /.- ..2c~ .- ~ 7
ADDV/94-032-P4A
12-3-96
o decrease the amount of the grant award;
[PIENT mutually agree as follows:
~f Section I. GENERAL CONDITIONS, paragraph
o revive it nunc pro tunc as though it had not lapsed
is to be construed and applied as though the parties
cement by and between FCT and FCT Recipient is
revised and superseded by the following:
~.000 award granted to the FCT Recipient will in no
"ir percent (50%) of the final total project costs, as
.A.C., or FIFT~ 8EVEN THOUSAND AND 00/100
~e FCT Governing Body approves a greater amount
a), r.A.c.
flendum shall be the date that the last party signs this
APPROVAL AGREEMENT, ADDENDUM IV,
)ENDUM I, the CONCEPTUAL APPROVAL
and "D" embody the entire Agreement between the
to have duly executed this ADDENDUM V TO
['.
INDIAN RIVER COUNTY
Title: emat~ ,ol~aa
Date: .....
2
Accepted as to Form and Legal
Sufficiency:
Date:.
FLORIDA COMMUNITIES TRUST
BY:
Date:
James F. Mudey, Chair
ADDV/94-032-P4A
12-3-96
Accepted as to Form and Legal
Sufficiency:
Date: /.~. ?- ~ 7
Accepted as to Form and Legal
Sufficiency:
Date:.
~CT P:o~ec: #94-032-P4A
Date
ehase I Atlantic Gulf
_TO~AL ~ROJ~C~.COSTS
La.nd Pu~ehase P=i~
To:al Land Purch&a~ Pricc
Appraisals ~ 3,80c
Appraisal Review 701
Envi:onmental Audio 2,650
Fee Acquis~:£on Agent ~¢r County ~
To:al Acquisition ~xpen~es
C01~P~TTATION O~ ~ AWARD AND LOlL M~TCN ~
Share of Purchase Price
Share of Acquisition Exgense~
Total Share of g:oject Costs
43,
Sh&=e of Acquisition Expenses
To~ R~e of P~oject Costs
$ 43, o0~
6. 076
~q~JTAT~ OF PREPAIDS. REIMBUR~.~J~4ENT8. ~_~i
Option P&yme~:
Total ~repaid Costs
$ 100
$ so~
FOTAmOUn2 Due A: Clasi~g
Share o[ Total P=oject Costs
Les~ Total ~:epaid Cost~
ToL~l ~uauunL Due F:um FCT AL
:ON OF TOTAL PP&XTECT COSTS
:ommun~:ies - 34 Parcels
$ ~6,000.00(1~
oo (2)
99 (2)
O0
$ 49,076.49{4)
.~0
.00
~ 4~,UTb.49
802.99
$ 48,27~.5~
CITY OF ~EDAnTIA~;
Sebastian
Contract #
Page 2
A~p=a~sals
Environmental Audi=
soo
650
_~. ooo
Recor~ Grant Award A~reement
To~a~ Af:M~t.4.onLl costs
$ 6O
Share of Total groject Costs
~lus Total.A~i=i~nal Comt~
Less Total Prepaid Pro~ect costs
TOTAL AD~0UNT D~E F~PUR~R~ AT CLO$IN~
Notes:
(1) Pursuant ~0 memorandum from Stephen BO~
maximum approved purchase price for 56 lo~
memorandum da=ed A~gu~t 28, 1996, deletion ¢
price by $41,200.00, resulting in a revised
$199,800.00. The maRlmum approve~ purchase
January 5, 1996, ~$morandum as to maximum a
(3) Pursuant to %he ~enms of the option
insurance. Pumsuant to FCT governing body
was waived in accordance with provisions of
(4) Pursuant :o the te~ of the Conceptual
~halX not exceed th~ lesae= of $1,229,000.0~
share of project cos~ ~o da~e are a~ follo~
Phase I/
34 ~arcels
Total to Date
selle=
A=lantic Gulf Communities
(~) Fmy&ble =o Cl¢=k of Court, Indian River
The foregoing recon¢ilXati~ ~f ~r~hammr,'
INDIAN RIVER COUNTY
By:
.',:'.', ~ate: -
APPROVED
BY TERRENC
ASST, COUNl
O0
O0
$ 11.450.C0
O0(b)
$ 49,076.50
60.00
le to Anne Peary dated January ), 1996, the
ks $241,000.00. Pursuant to addendum to that
( 6 lots reduces the maximum approved purchase
maximum approved purchase price of
proved purchase price of 30 lots at $2,000.00
s include all of the project sire.
ee~ent, the eelle~ paid the cos: of title
Ct/on on May 16, 1996, the survey re~/irement
Rule 9K-6.006(7), F.A.C.
Approval Agreera~nt, the a~ount of the grant
Date FCT Share cf
.......... c!ose~ Total Pr0..gect Cost~
$ 4~,075.49
~n~t~ ~ hereby approved by the undersigned.
FLORIDA C0M){Q~ITIES TRUST
James F- ~rley, Chair
Da~e:
~S TO FORM
SUFFICIENCY
E P. O'BRIEN
Y ATTORNEY
Wo6-0~7 ~AX (~l)
This document prepared by:
Ann J. Wild
Florida Communities Trust
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
GRANT
THIS AGREEMENT is entered ii
by and between the FLORIDA
nonregulatory agency within th~
Community Affairs, and INDIAN
SEBASTIAN ("F.CT Recipient"), in.
and restrictions on the use o~
hereinafter described, and the
and as described in Exhibit "A
hereof ("Project Site"), as shall
with applicable Florida Law an
Otherwise implement provisions
Florida Statutes.
W~EREAS, Part III Chapter
Communities Trust Act, creates
Department of Community Afl
governments in bringing into
conservation, recreation and op
their comprehensive plans and
FLORIDA COMMUNITIES TRUST
P4A AWARD# 94-032-P4A
FCT Contract#
~ AGREEMENT
~to this day of , 199--,
COMMUNITIES TRUST ("FCT"), a
State of Florida Department of
RIVER COUNTY and the CITY OF
rder to impose terms, conditions,
! the proceeds of certain bonds,
lands acquired with such proceeds
attached hereto and made a part
be necessary to ensure compliance
! federal income tax law and to
of Chapters 253, 259, and 380,
80, Florida Statutes, the Florida
a nonregulatory agency within the
.irs, which will assist local
compliance and implementing the
~n space, and coastal elements of
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 ~ o~ the Florida Preservation 2000 Act
provides for the distrlbutlon~f ten percent (10%) of the net
Preservation 2000 Revenue Bon~[ proceeds to the Department of
Community Affairs to provide lar~d acquisition grants and loans to
local governments through the F(
WHEREAS, the Governor and
issuance of State of Florida
Preservation 2000 Revenue Bonds
WHEREAS, the Bonds were i~
that the interest on the Bonds is
Bondholders for federal income
GAA\94-032-P4A
5-16-96
Cabinet authorized the sale and
Department of Natural Resources
("Bonds");
.sued as tax-exempt bonds, meaning
excluded from the gross income of
ax purposes;
WHEREAS, Rule 9K-4.010(2) (1
conditions for funding o.n those
been selected for funding in a
F.A.C.;
WHEREAS, the FCT has apt
Project Site is acquired and t
acquires title to the Project Si
restrictions as are sufficieni
Project Site at all times compl
Statutes and Section 9, Article
shall contain clauses providing
Project Site to the Board of Tr
Trust Fund upon the failure of t
Site acquired thereby for such
WHEREAS, such covenants an
an agreement which shall desc
property which is subject to the
the county in which the real pr.
WHEREAS, the purpose of tl
covenants and restrictions tha
subsequent to its acquisition w
award.
NOW THEREFORE, in considez
undertakings set forth herei~
consideration, the receipt and
acknowledged, FCT and FCT Recipi,
follows:
Z. GENKRAL CONDITIONS.
), F.A.C., authorizes FCT to impose
FCT applicants whose projects have
ccordance with Rule Chapter 9K-4,
.roved the terms under which the
he deed whereby the FCT Recipient
te shall contain such covenants and
to ensure that the use of the
ies with Section 375.051, Florida
XII of the State Constitution and
~or the conveyance of title to the
ustees of the_Internal Improvement
ae FCT Recipient to use the Project
purposes/ and
t restrictions shall be imposed by
ribe with particularity the real
agreement and shall be recorded in
~perty is located; and
lis Agreement is to set forth the
t are imposed on the Project Site
Lth the FCT Preservation 2000 Bond
ation of the mutual covenants and
and other good and valuable
sufficiency of which is hereby
~nt do hereby contract and agree as
1.. Upon execution and. delivery by the parties hereto, the
FCT RecIpient shall cause th~s Agreement to be recorded and filed
in the official public records of Indi.a~. River Co.unty, Florida, and
referenced by the warranty deed(S) vesting fee simple title to the
Project Site in the FCT Recipie]lt, and in such manner and in such
other places as FCTmay'reasonab
and charges incurred in connect
2. The FCT Recipient and
Department of Environmental Prot,
to Department of Environmental R
In the event Bond Counsel opine~
this Agreement so that the tax
2000 Bonds is not jeopardized,
the Agreement accordingly.
GAA\94-O32-P4A
5-16-96
:y request, and shall pay all fees
,on therewith.
~CT agree that the State of Florida
~ction will forward this Agreement
:otection Bond Counsel for review.
~ that an amendment is required to
exempt status of the Preservation
FCT and FCT Recipient shall amend
3. This Agreement may be
must be set forth in a written
FCT Recipient and FCT.
4. This Agreement and
contained herein shall run with
shall bind, and the benefits sba
and the FCT Recipient and their
5. This Agreement shall
accordance with the laws of the
both substantive rights and
remedies.
6. Any notice required to
by personal delivery, by registez
service at the addresses specifie
as may be specified in writing b~
notice shall be deemed receive
personal delivery or expedited
receipt if sent by registered ma
FCT Recipient:
FCT Recipient:
Florida
Depart~
2740 Ce
Tallaha
ATTN:
Indian
]849 Z!
mended at any time. Any amendment
lstrument and agreed to by both the
the covenants and restrictions
the Property herein described and
.1 inure to, respectively, the FCT
'espective successors and assigns.
be governed by and construed in
State of Florida, with respect to
with respect to procedures and
be given hereunder shall be given
ed mail or by registered expedited
d below or at such other addresses
'the parties hereto, and any such
~ on the date of delivery if by
delivery service, or upon actual
il.
Communities Trust
ent of Community Affairs
nterview Drive
ssee, FL 32399-2100
Executive Director
River County
City of Sebastian
ATTN: ~.?~. ~A ~,~=~ ,
7. If any provision of
illegal or unenforceable, the val
of the remaining provisions sba
impaired.
II. PROJECT BITE REQUIREMENTS
375, AND CHAPTER 380~ PART III,
GAA\94-O32-P4A
5-16-96
:he Agreement shall be invalid,
[dity, legality and enforceability
1 not in any way be affected or
MPOBED BY CHAPTER 259, CHAPTER
FLORIDA STATUTES.
1. If any essential t
agreement is violated by the
with the knowledge of the FCT Re
not correct the violation
violation, fee simple title to
shall be conveyed to the Bo~
Improvement Trust Fund. The
accordance with Section 380.508
2. Any transfer of the P=
approval of FCT and FCT shall e
transferee, containing such
restrictions as are sufflc.
people of Florida.
3. The interest, if any,
the Project Site will not serve
Recipient unless FCT approves
4. If the existence of th
reason, title to all interest in
the FCT award shall be conveye¢
Internal Improvement TruSt Fund,
with another local government
agrees to accept title to all iN
Site.
5. In the event that
destroyed or title to the Proj,
taken by any governmental body
of the exercise of the power of
shall deposit with the FCT
condemnation award, and shall
replace, repair or restore the
Tonsistent with the Agreement.
nsurance proceeds or condemn~
provide funds for such restorati¢
Recipient fails to commence or t¢
replacement or restoration of
the FCT, the FCT shall have th~
remedies at law or in equity,
replace the Project Site so as
default hereunder.
Notwithstanding any of the f
to seek specific performance
restrictions of this Agreement
operation of the Project Site.
III. PROJECT SITE OBLIGATIONS IM
GAA\94-032-P4A
5-16-96
~rm or condition of this grant
T Recipient or by some third party
cipient and the FCT Recipient does
thin 30 days of notice of the
all interest in the Project Site
Ltd of Trustees of the Internal
FCT shall treat such property in
(4)(e), Florida Statutes.
oject Site shall be subject to the
~ter into a new agreement with the
covenants, clauses, or other
to protect the interest of the
acquired by the FCT Recipient in
~s security for any debt of the FCT
transaction.
~ FCT Recipient terminates for any
real property it has acquired with
to the Board of Trustees of the
unless FCT negotiates an agreement
or nonprofit organization which
:erest in and to manage the Project
:he Project Site is damaged or
~ct Site, or any part thereof, is
:hrough the exercise or the threat
eminent domain, the FCT Recipient
any insurance proceeds or any
promptly commence to rebuild,
Project Site in such manner as is
The FCT shall make any such
Ltion award moneys available to
n work. Iht he event that the FCT
complete the rebuilding,.repair,
~e Project Site after not~ce from
right, in addition to any other
to repair, restore, rebuild or
to prevent the occurrence of a
oregoing, FCT will have the right
of any of the covenants and
concerning the construction and
~OSED BY FCT ON THE FCT RECIPIENT.
1. The Project Site
conservation, protection and e~
resources and for passive, nat
recreation which is compatible
and enhancement of the Project
necessary for the accomplishme
uses for the Project Site ar
Project Plan as approved by FC~
2. The FCT Recipient s
annual report as required by Ru
3. The FCT Recipient sha
designation assigned to the
dedicated to open space, conse-r
as appropriate. If an ami
comprehensive plan is required
amendment shall be proposed
amendment cycle available to th
4. FCT Recipient shall e~
to FCT, that all activities un~
applicable local, state, regiona
including zoning ordinances
comprehensive plan for the jurj
shall be provided to FCT that
have been obtained prior to the
5. The FCT Recipient
employees, prevent the unauthori:
use thereof not in conformity w.
~hall be managed only for the
ancement of natural and historical
Ira1 resource-based public outdoor
with the conservation, protection
ire, along with other related uses
mt of this purpose. The proposed
e specifically designated in the
~all prepare and submit to FCT an
le 9K-4.013, F.A.C.
11 ensure that the future land use
Project Site is for a category
ration, or outdoor recreation uses
~ndment to the FCT Recipient's
to comply with this paragraph, the
at the next comprehensive plan
· FCT Recipient.
sure, and provide evidence thereof
[er this Agreement comply with all
~ and federal laws and regulations,
and the adopted and approved
.sdiction as applicable. Evidence
all required licenses and permits
commencement of any construction.
shall, through its agents and
Fed use of the Project Site or any
[th 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~t the Project Site.
.7. Ail buildings, structures, improvements, and signs shall
require the prior written approy~ of FCT as to purpose. Further,
tree r~moval, other th~n non-natlye species, and/or major land
alterations shall require the written approval of FCT.. The
approvals required from FCT shal. not be unreasonably with- held by
FCT upon sufficient demonstrat.on that the proposed structures,
buildings, improvements, sign
alterations will not adversely i~
Project Site. The approval
management plan addressing the
considered written approval fro~
8. If archaeological and
Project Site, the FCT Recipien'
Florida Statutes. The collectJ
Site or the disturbance of archa~
Project Site will be prohibited
GAA\94-032-P4A
5-16-96
~, vegetation removal or land
~pact the natural resources of the
by FCT of the FCT Recipient's
items mentioned herein shall be
FCT.
historic sites are located on the
: shall c~mply with Chapter 267,
.on of artifacts from the Project
ological and historic sites on the
~nless prior written authorization
5
has been obtained from the
Historical Resources.
epartment of State, Division of
. 9. The FCT Recipient sha~l ensure that the Project Site is
identified as being publicly Owned and operated as ? passive,
n~tural resource-based public ~utdoor recreation~l site in all
s~gns, ~i~erature and advertising regarding the Project Site. The
~C? Recipient shall erect a sign,s) identif¥in~ the ~o4,e~ ~ ~
~elng open to the public and a~ having be~n~urch~-~i-~'~n~
from FCT and FCT Recipient.
IV.
OBLIGATIONS INCURRED BY F(
PROCEEDS BEING UTILIZED TO
.lf . If the Project Site
acquisition by.the State and the
listed activities or interests,
least 60 days written notice of
FCT prior to the activity takin
such information with respect th~
order to evaluate the legal and t
or interest:
a. any lease of any
non-governmental person or orga~
:T RECIPIENT AH,A RESULT OF BOND
PURCHASE THE PROJECT SITE.
is to ~emain subject, after its
FCT Recipient, to any of the.below
~he FCT Recipi~nt shall.provide at
any such activity or Interest to
place, and shall provide to FCT
reto as FCT reasonably requests in
ax con- sequences of such activity
interest in the Project Site to a
ization;
t- _ _ b. the_o~eration of any co~cession on the Project Site
~ a non-governmental person ororganlz~tion;
.... ~. any sales contract or option to buy thin~s attach-~
~o ~ne ~ro ect Site
.... ] _ . to be severed from the Project Site. with a
nufl-~overnmen~al person or organization; '
d. any use of the ]~roject Si~e by non-governmental
persons other than in such pers.)n's capacity as a member of the
general public;
e. a management cont
non-governmental person or organ.
f. such other activit
from time to time in writing by
2. FCT Recipient agrees an
trapsaction, events, and circumst~
Project Si~e as they may have nec
under Florida law and federal in~
a. a sale of the Proj~
site to a non-governmental perso~
GAA\94-032-P4A
5-16-96
;tact of the Project Site with a
[zation; and
y or interest as may be specified
~CT to the FCT Recipient.
acknowledges that the following
Lnces may not be permitted on the
[ative legal and tax consequences
:ome tax law:
~ct Site or a lease of the Project
or organization;
b. the operation of
a non-governmental person or or
Ce
severed from
organization;
a sale of things
the Project Site
d. any change in th
Site from that use expected at
series of bonds from which the ¢
e. any use of the
persons other than in such peri
general public;
f. a management con
non-governmental person or orga~
g. such other activi
from time to time in writing by
DELEGATIONS AND CONTRACTUAL ARRA~
AND OTHER GOVERNMENTAL BODIES,
GOVERNMENTAL PERSONS FOR USE OR ~
IN NO WAY RELIEVE THE FCT RECIPI~
THAT THE CONDITIONS IMPOSED HERE1
OF UTILIZING BOND PROCEEDS TO A~
COMPLIED WITH BY THE CONTRACTING
V. CONDITIONS THAT~%REPARTICU~
OF THB FCT APPROVED MANAGEMENT
1. The FCT Recipient sh~
facilities %ncluding nature tra~
limited parking area on the Proje
developed in a manner that allc
access for observation and apprec
resources on the Project Site
resources.
concession on the Project Site by
anization;
~ttached to the Project Site to be
to a non-governmental person or
character or use of the Project
the date of the issuance of any
lisbursement is to be made;
Project Site by non-governmental
~on's capacity as a member of the
tract of the Project Site with a
~ization; and
:y or interest as may be specified
FCT to the FCT Recipient.
'GEMENTS BETWEEN THE FCT RECIPIENT
NOT FOR PROFIT ENTITIES, OR NON
ANAGEMENT OF THE PROJECT SITE WILL
NT OF THE RESPONSIBILITY TO ENSURE
N ON THE PROJECT SITE AS A RESULT
.~UIRE THE PROJECT SITE ARE FULLY
PARTY.
AH TO THE PROJECT SITBA8 A RESULT
LAN.
~11 provide outdoor recreational
.ls, an informational kiosk and a
ct Site. The facilities shall be
ws the general public reasonable
iation of the significant natural
without causing harm to those
2. The t~ing and exte
vegetative communities and plant
be specified in the management
detail how the survey shall be us.
to insure the protection, restoration'
natural resources on the ProJec~Site.
~t ~f a vegetative survey of
5pecles on the Project Site shall
plan. The FCT Recipient 'shall
~d during development of the site
and preservation of the
3. The sand pine scrub, xe
plant communities that exist on ti
and appropriately managed to e~
GAA\94-032-P4A
5-16-96
tic oak scrub and scrubby flatwood
~e Project Site shall be preserved
sure the long-term viability of
these vegetative communities.
4. The Project Site sh
optimizes habitat conditions
utilize or could potentially ui
the gopher tortoise, Florida sc
The FCT Recipient shall coordina
Water Fish Commission, and the
the management of the Project
species and listed species habi
conduct periodic surveys of lis
and develop informational sigr
listed animal species and thei~
tortoise.
5. The FCT Recipient sh
Florida Game and Fresh Water Fis
Wildlife Service to implemen~
currently being developed to pi
River County.
6. The FCTRecipient shal
from Project Site and replant w~
~11 be managed in a manner that
For listed wildlife species that
:ilize the Project Site, including
:rub jay and Florida scrub lizard.
te with the Florida Game and Fresh
U.S. Fish and Wildlife Service, on
Site for the protection of listed
tat. The FCT Recipient shall also
ted species using the Project Site
~s relating to the protection of
habitat, particularly the gopher
ill work in conjunction with the
Commission and the U.S. Fish and
the Habitat Conservation Plan
)tect scrub habitat within Indian
remove invasive exotic vegetation
ith native vegetative species.
. 7. Prior to the commencement of any proposed development
activities, measu~.es will be taken to determine the presence of any
archaeological sites. Ail pl.~nned activities involving known
archaeological sites or potential site areas shall be closely
coordinated with the Department
Resources, in order to preven'
sites.
8. The FCTRecipient shal
listed animal species and their
from the adverse impacts of adj
9. A vegetative analys~
perform, ed to determine which al
mechanical clearing or a prescri
maintain natural fire-dependent
Recipient shall coordinate with
of State, Division of Historic
the disturbance of significant
ensure that the Project Site and
~abitat are sufficiently buffered
cent land uses.
~ of the Project Site shall be
:eas of ~he Project. Site require
bed burning regime implemented to
vegetative communities. The FCT
the Division of Forestry and the
Game and Fresh Water Fish Commission on the development of a
prescribed burn plan for the Prcject Site.
10. The FCT Recipient shall remove trash and debris from the
Project Site.
11. The FCT Recipient
domestic animals from the Pro'
remove and restrict feral and
Site.
12. Access to the Project
shall be promoted as an alterna~
GAA\94-032-P4A
5-16-96
ire by pedestrians and bicyclists
ive to automobile access.
13. The FCT Recipient sha:
unauthorized uses.
14. The requirements imp~
that may be sought by the FCT R~
with the Project Site shall not
conditions of the FCT award.
THIS GRANT AWARD AGREEMENT
between the parties.
IN WITNESS WHEREOF, the pal
this Agreement.
Witness= I~
Witness Name:
B~
Witness Name:
Di
At
AC
S~
Al
Ac
Da
.1 secure the Project Site from
,sed by other grant pro, ram funds
,cipient for activities associated
conflict with the terms and
embodies the entire Agreement
'ties hereto have duly executed
~)IAN RIVER COUNTY
Its:
.test=
Clerk
cepted as to Legal Form and
TY OF SEBASTIAN
re: /' P?
cepted as to Legal Form an~
fficiencT:
te.-
Witness Name:
Witness Name:
STATE OF FLORIDA
COUNTY OF LEON
F
S%
D~
The foregoing instrument w~
day of , 199 b~
Florida Communities Trust. He
STATE OF FLORIDA
COUNTY OF
,ORIDA COMMUNITIES TRUST
Des F. Murley, Chair
~te:
~cepted as to Legal Form and
Lfficiency:
~ J. Wild, Trust Counsel
.re:
.s acknowledged before me this
JAMES F. MURLEY, as Chair of the
The foregoing
day of
Nc
Cc
instrument w~
l0
Nc
P~
Cc
Is personally known to me.
tary Public
int Name:
mmission No.
Commission Expires:
s acknowledged before me this
by ~ as
e/She is personally known to me.
tary Public
int Name:
mmission No.
Commission Expires:
STATE OF
COUNTY OF~
day.~nof ~/~T]]z~{z3 ' /?7/ ,
GAA\94-032-P4A
5-16-96
17 584 24
X? 584 26
17 S84 27
17 S84 28
3.7 584 2
17 S84 3
17 SR4 4.
17 584 S
17 584
17 584 7
2,.7 S84 8
17 584 9
17 584
17 584 11
17 584 12
17 584 .. 13
17 584 14
17 $85 3
17 58S 4
17 585 5
X? 585 6
17 S85 7
17 585 8
17 585 9
17 585 10
17 585
17 586
17 586 2
17 586 3
17 $86 4
17 S86 23
17 586 24
X7 586 25
17 586 26
· &~ Book 8, P&qe 46 O~
Count
¥, Florida.
94-032-1)4A
iv_ision, fur~er deseribe~ in
c Records of Zndian RAver