Loading...
HomeMy WebLinkAbout1996 Scrub Conservation Area Management Plan . , '4 _, MANAGEMENT PLAN for the SEBASTIAN SCRUB CONSERVATION AREA Indian River County, Florida Prepared by: FloridaAffinity, Inc. Ecotech, Inc. For: Indian River County, Florida Board of County Commissioners April 29, 1996 . . TABLE OF CONTENTS I. IntrOOuction ............................................................... 1 A Location/Ownership B. Land Use and Zoning C. History D. Vegetative Assessment n. PUr-JM>>se . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 A Natural Resource Conservation and Enhancement B. Environmental Interpretation, Education and Research C. Comprehensive PlanJPreservation 2000 Conformance D. Scrub Habitat Conservation Plan (HCP) m. Structures and Improvements ................................................. 14 A Existing Improvements B. Proposed Improvements C. Required Permitting D. Easements, Concessions, and Leases IV. Key Management Activities ................................................... 19 A Maintenance B. Security C. Staffing D. Natural Resource Protection E. ArchaeologicallHistorical Elements F. Management Coordination V. Resource Enhancement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23 A Exotic Plant and Animal Removal B. Enhancement Management 'VI. Cost/Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 A Development Cost Estimate B. Funding Sources VII. Monitoring. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 A Annual Implementation Report B. Progress Assessment C. Plan Updates UST OF TABLES Table 1: UST OF FIGURES Figure A: Figure B: Figure C: Figure D: Figure E: Figure F: Figure G: UST OF APPENDICES Appendix A:. Appendix B: Appendix C: Estimated Management and Development Costs. . . . . . . . . . . . . . . .. 27 Scrub Jay Habitat "Core Areas" .............................. 2 Location Map ........................................... 4. Vicinity Map ............................................ 5 Natural Communities Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Master Site Development Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16 Conceptual Plan - Pelican Island School Facilities ............... 22 Management Activities Timeline ............................ 30 Potential Listed Species Conceptual Approval Agreement/lndex FNAI Species Report Forms SECfION I - INTRODUCTION Indian River County and the City of Sebastian are creating the Sebastian Scrub Conservation for the purpose of furthering a number of County and City policies and objectives. These include the need for conservation of native upland plant communities and the enhancement of native communities disturbed by development activities, the protection of environmentally endangered habitat and threatened or rare species within their jurisdiction, the provision of open space and compatible recreation and outdoor education facilities in the urban service area, and the protection ofJands designated as primary surficial aquifer recharge areas. Policy directions incorporated in the Comprehensive Plans of both governments define the types of resources to be protected through a variety of means, one of which will be outright purchase by the County. To implement these policies, the County has developed an ambitious land acquisition program, managed by the Department of Community Development and coordinated through an appointed Land Acquisition Advisory Committee of concerned citizens and County officials. In November, 1992, County voters approved an Environmental Lands Bond Referendum, funded by ad valorem taxes. With funding from the bonds Indian River County is prepared to enter cost-sharing partnerships with the Florida Communities Trust for land acquisitions under the State's Preservation 2000 program. The Sebastian Scrub Conservation Area is a priority acquisition to preserve native vegetation areas serving as habitat for rare species. This project is one of a coordinated multi-county and state acquisition effort to preserve core areas of scrub habitat for preservation of the endangered Scrub jay along Florida's Atlantic Coastal Ridge. (See Figure A) This project is one of many areas in which the Indian River County is working with the Florida Game and Freshwater Fish Commission and the US Fish and Wildlife Service to develop a county-wide Habitat Conservation Plan for the protection of scrub habitat. This management plan has been developed to provide guidelines for County and City officials and staff for natural resource management and development of public access facilities at the Conservation Area. The plan meets management plan requirements of the Preservation 2000 program, and satisfies the special conditions contained in the County's Conceptual Approval Agreement with the Florida Communities Trust. 1 - FIGURE A SCRUB JA Y HABIT AT CONSERV A TION .CORE- AREAS ~ % ~ ~ ~ ~ ~ , , ~ N I AtJ.ntic Ocean SR OSLO RD IU > C .c .. ... C'lI 2 A. Location and Ownership The Sebastian Scrub Conservation Area consists of 180 undeveloped platted lots within the Sebastian Highlands Subdivision Unit 17, located inside the southeastern corner of the City of Sebastian, in northeastern Indian River County. Fifty-six lots are owned by the Atlantic Gulf Communities, Inc. (AGC). The remaining 124 lots are privately owned. Each lot is approximately one-quarter acre in size, giving a total project size of approximately 32 acres. Figure B provides a location map, and' Figure C provides a larger scale vicinity map locating the project lots within the context of Unit 17 of the platted subdivision. Each of the lots currently owned by AGC are indicated on the vicinity and projects maps by an asterix. Please note that the original 184 lots included in the Indian River County project application have been reduced to 180 lots due to revision by the US Fish and Wildlife Service of their acquisition recommendations. B. Land Use and Zoning The project lots are interspersed with developed single-family residences. Each lot fronts on paved local streets, with the exception of nine lots that front on or abut Schumann Drive, a local collector, and 31 lots just west of Schumann Drive where platted streets have not been constructed. Pelican Island Elementary School is located at the south center of the project area. The School Board property contains approximately 46 acres, about half of which is developed for school buildings and grounds. The rest of the School Board property is undeveloped and heavily vegetated, including about 15 acres of oak scrub community. Institutional and commercial land use classifications and zoning designations are assigned to parcels north of the main body of the project lots. These areas, and about thirty percent of the total platted residential lots of Unit 17 are undeveloped at this time. Future development will proceed consistent with the current Comprehensive Plan and planned unit development orders. Construction of residences and neighborhood business and institutions is anticipated for all undeveloped parcels not included in the project boundary. 3 ~ '\) PROJECT LOCATION WABASSD RD (, \. ,:~ ... ,. T 31 S TJiS- '" '" 00 en M M a: a: o .] , "~~,~-. FIGURE B - LOCA nON MA? =-jl w > .. " )' Ii " o 32 ~o o o HOIUl ~ D . I~DJAN RIVER ~ HIGHLANDS o ~ () , " o " <:::> ~ v G ! ,i ~. 4 01' -jl -I . . . 6J2 ~I 'S05 7 . .., f ~'I R; Pro.;.ct L.ot. * AGe (AtlontlC Gulf Co""""loIf"litin) o.n....~ip DRAFT y' Ecotecb CollSUltants, IDe. Sebastian Scrub Manaqement FIGURE C - VICINITY MAP Plan 5 SCALE: 1:750 D. History The Sebastian Highlands planned unit development was originally platted in the 1950's. The development was later incorporated as the City of Sebastian. Prior to the 1950's, this area of Indian River County was sparsely settled land. No known historic or prehistoric sites are located on the project land. The county-wide cultural resource survey by The Archaeological and Historical Conservancy, Inc., conducted in 1992 for development of the County Comprehensive Plan, identifies no sites in the project area, and indicates small likelihood of significant cultural resources being located in the area. E. Vegetative Assessment Coastal scrub communities in central Florida are a diminishing resources, primarily due to residential, commercial, and agricultural development. Scrub is a pyrogenic community which is maintained by infrequent, high intensity fires. Sand pine scrub, oak scrub, and scrubby flatwood communities all require natural fire to keep the canopy and subcanopy strata relatively open, which allows for the establishment of groundcover species and the regeneration of certain species. Scrub communities where natural fire is suppressed will likely succeed to xeric hammocks, or will build up a high fuel load, resulting in fires which are almost always catastrophic. Prescribed fire is one mechanism for long term scrub management. Prescribed bums, however, need to be conducted at intervals which consider the various stages of development of certain species. For example, sand pine scrub which is burned too frequently will lose the sand pine canopy and succeed to oak scrub or sandhill communities. Because of the small size of many sites, adjacent development, or problems with smoke management, prescribed fire is often not considered as a management mechanism for urban scrub communities. In lieu of prescribed fires, other management activities such as selective clearing, roller chopping, or mowing may be used. The effectiveness of these alternatives is based on both the existing site conditions and implementation schedule. The Sebastian Scrub Conservation Area contains four natural community types as described in Guide to The Natural Communities of Florida, Florida Natural Areas Inventory (FNAI), 1990. These communities include oak scrub, sand pine scrub, scrubby flatwoods, and mesic flatwoods. 6 For the purpose of describing existing site conditions, these four natural communities were subdivided into 'Types" which are based on density/height of vegetation, or disturbance activities (see Figure D). For example, a Type 1 sand pine scrub community is relatively intact and does not require any immediate management activities, yet a Type 2 sand pine scrub has a high canopy density, the understory is composed of 6-10' tall oaks, and has little bare area. This type of area would be included within the initial phase of vegetation maintenance (either by controlled burning or mechanical clearing), which should occur within the first two years of site management, in order to maximize the available habitat. Areas which do not fall into natural community classifications due to disturbance activities (i.e., cleared land, disturbed scrub) are also depicted on Figure D. Sand Pine Scrub Scrub communities are classified as G2 and S2 by the Florida Natural Areas Inventory (FNAI). This classification is defined as imperiled globally and statewide because of rarity, or because of factor making the community very vulnerable to extinction throughout its range. Natural fire is a key element in the ecology of this community because burning maintains the open canopy and reduces the density of understory vegetation. On the Sebastian Scrub site, areas classified as sand pine scrub are located adjacent to Aldea Drive and Barber Street. Approximately 3.97 acres of the land proposed for acquisition have been classified as sand pine scrub. These areas contain scattered sand pine (Pinus clausa) with understory vegetation including scrub oaks (Quercus geminata, Q. myrtifolia, Q. chapmanii), gopher apple (Licania michauxii), shiny blueberry (Vaccinium myrsinites), dwarf wax myrtle (Myrica pusila), and prickly pear (Opuntia stricta). Site reviews indicate that sand pine scrub along Aldea Drive is not in need of immediate management activities, however, the sand pine scrub along Barber Street and along Brisbane Street have a high canopy density, and the understory of scrub oaks averages 6-10' in height. These areas should be selectively harvested during the initial management phase. The sand pine scrub community is recognized for providing habitat for the Florida scrub jay (Aphelocoma coerulescens), a federally listed species, and for the Florida gopher tortoise (Gopherus polyphemus), a State listed Species of Special Concern. Both species have been observed on the sand pine scrub lots. 7 LEGEND ~ Oak Scrub (Type 1) m Sand Pine Scrub (Type 1) me Scrubby Flatwoods (Type 1) ~ (Type 2) 0000 (Type 2) . (Type 2) '''', ',', Oak Scrub 0000 Sand Pine Scrub Scrubby Flatwoods , , , 0000 . Oak Scrub (Type 3) . Disturbed Scrub ~ Scrubby F1atwoods (Type 3) D m vvvv Cleared Land Gallberry """ Mesic Flatwoods ... . . ...... vvvv y' Ecotech Consultants, Se bastion NATURAL In Scrub Management Plan COMMUNITIES MAP 8 SCALE: 1'( = Sea' Scrubby Flatwoods This community type is classified by FNAI as G3 and S3 which are described as very rare and local throughout the range or found locally in a restricted range. Scrubby flatwoods often are found as the transitional community between flatwoods and prairies, and scrub or sandhill areas. This community may be differentiated from scrub or mesic flatwood communities because it contains elements of both, typically a sparse canopy of slash pine (Pinus elliottii) or long leaf pine (Pinus palustris) and understory vegetation including both scrub and, mesic species. Natural fire also is a key element in the maintenance of this community, and the Suppression of fire eventually will result in a closed canopy community with diminished habitat potential. This classification has been applied to the sand pine and slash pine (Pinus elliottii) dominating the southern portion of the proposed Conservation Area. These areas previously may have been dominated by sand pine scrub, but have lost much of the sand pine most likely due to shifts in natural management processes (i.e., frequency and season of bums, etc.). Other species within this community include gallberry (Rexglabra), wiregrass (Aristida stricta), saw palmetto (Serenoa repelzs), fetterbush (Lyonia lucida), scrub oaks, wax myrtle (Myrica cerifera), rosemary (Ceratiola ericoides), and tar flower (Befaria racemosa). Approximately 35.8 acres of the Conservation Area site have been classified as scrubby flatwoods. This community has been divided into three classifications as shown on Figure D: o Type 1: Community which appears to have an open canopy of widely scattered pines, with a sparse understory of oaks and other shrubs and many areas of open, bare sand. No immediate management activities are required. o Type 2: Community where the canopy is increasing in density (approximately 30' O.c.), and the understory is increasing in density and height (averaging 5-7' in height). No immediate management is necessary, however, management will likely be needed in the next 3-5 years. o Type 3: Community where the density of both the canopy and subcanopy have increased to the point where the habitat value has been significantly reduced. These areas in many cases have become invaded with Brazilian pepper (Sclzinus terebithifolius) and wild grape (Vitis spp.). This community classification requires immediate management in order to maximize the available habitat. 9 An area which will require intensive management is the tract of scrubby flatwoods adjacent to Archer Street, immediately west of Schumann Drive. The slash pine in this area has become dense to the point where the understory and groundcover vegetation is losing diversity. In many areas, this community varies between a mesic and a scrubby flatwood; The scrubby flatwood classification was applied due to the presence of scrub oaks throughout the understory. This community will need to be included within the initial vegetation surveys in order to further refine management techniques and goals. It is anticipated that management in all of the type 2 and 3 scrubby flatwood communities will improve the" overall habitat potential and provide additional areas in the Conservation Area for use by scrub jays and gopher tortoises. Oak Scrub Like the sand pine scrub, this community is classified by FNAI as G2 and S2. Oak scrub is characterized by dense thickets of scrub oaks, saw palmetto, and other shrubs with numerous bare areas and little groundcover. The species composition is similar to that described in the sand pine scrub and scrubby tlatwoods classification, with the notable exception of the absence of a canopy. As with the other scrub communities described above, oak scrub is a fire- maintained community, requiring infrequent, high intensity fires. Absence of fire results in this natural succession of this community into xeric hammock. On the Sebastian scrub site, approximately 3.6 acres have been classified as oak scrub. Unlike the three classification types of scrubby tlatwoods, there are no areas of oak scrub that do not require immediate management. The majority of the oak scrub has been classified as Type 2, selective thinning of vegetation should occur within 3 to 5 years. Approximately 1.4 acres have been classified as Type 3 due to the density of vegetation and the invasion by nuisance species. An additional area of gallberry (0.43 acres) is located adjacent to Crawford Avenue, and was likely a cleared oak scrub community. Incorporation of this area into the management for the adjacent oak scrub may restore some of the former scrub characteristics to this area. Mesic Pine Flatwood This community is classified by FNAI as a S4. The community at the Sebastian Scrub Conservation area is characterized by an open canopy of slash and/or longleaf pine, with dense groundcover vegetation dominated by shrubs and herbaceous species. This community is a fire adapted system, and the suppression of fire in most cases results in a hardwood-dominated closed canopy forest. 10 In addition to the pine canopy, other dominant vegetation includes saw palmetto, gallberry, and fetterbush. The pine flatwoods on this site have not been burned on a frequent basis, as is evidenced by the density and cover of the groundcover. Nuisance vines have become overgrown in many areas. The pine flatwood communities on the Sebastian Scrub site are located adjacent to Douglass Avenue and Admiral Avenue, and total approximately 1.6 acres. Both areas are invaded by nuisance species, and will require immediate management in order to improve the available habitat. Disturbed Lands Because these areas are not natural vegetative associations, and are present typically due to anthropogenic factors, there is no FNAI classification for them. Dominant vegetation includes various upland grasses, with scattered Brazilian pepper, wax myrtle and blackberry (Rubus sp.). As shown on Figure D, these areas are scattered throughout the Conservation Area. The total acreage of disturbed lands is approximately 2.1 acres. SECTION n - PURPOSE A. Natural Resource Conservation and Enhancement The primary purpose of the Sebastian Scrub Conservation Area project is the protection and enhancement of native scrub habitat. The sand pine scrub and oak scrub communities, comprising approximately 7.5 acres or 16 percent of the conservation area, are classified as imperiled both globally and statewide by the Florida Natural Areas Inventory and the Florida Department of Environmental Protection. Scrubby flatwoods community, classified very rare and local throughout its range or found locally in a restricted range, comprises 35.8 acres of the Conservation Area (76 percent). Populations of Florida scrub jays and Gopher tortoises, both listed species, are known to inhabit the scrub and scrubby flatwoods communities of the site. It is expected that a variety of other listed species will be identified on the Conservation Area as additional plant and animal inventories are conducted. The Sebastian Scrub Conservation Area will serve as one component in an effort by state and local governments and environmental groups to preserve intact islands of natural scrub and associated habitat within the urban development along the Coastal Ridge of east Central Florida (Figure A). Indian River County has acquired the Wabasso Scrub Conservation Area, located about one-quarter mile southeast of this project site. The Sebastian Airport industrial tract, located about four miles north of the project site, is proposed for acquisition in the future. Preservation of these types of areas at the regional scale may be critical to the continuation of the scrub jay and 11 other species dependent on the scrub habitat for survival. City and County stewardship of the Conservation Area will also serve as an example and guidance for future development decisions and management of viable habitat in private ownership in this area of the county. B. Environmental Interpretation, Education and Research The slow degradation of the natural environment is often cited as an urgent concern by Florida residents. This issue affects not only the physical needs of the State's citizens and visitors, such as clean air and water, but also those intangible qualities of life often taken for granted until they begin to disappear. Florida has become an urbanized society set in a landscape unique to this temperate to sub-tropical peninsula, and that urbanization has, in many places, altered our environment to the extent that no "sense of place" remains. The most effective response to the environmental impact society will have on Florida in the 21st. Century is education. Environmental education programs in Florida's public schools have received considerable attention through efforts at the State and local levels. Non-profit environmental education centers have been established all over Florida to meet the growing demand for information and educational opportunities. In Indian River County, the Environmental Learning Center was established in 1989, opening an excellent facility approximately three miles east of the Conservation Area in 1992. The second purpose for the acquisition and management of the Sebastian Scrub Conservation Area is to provide interpretation and environmental education facilities, opportunities for field studies, and outdoor laboratory experiences as part of the public and private environmental education available to residents of the County and their guests. Appropriate scientific research on the property's resources should be considered as a component of this purpose. Environmental education facilities will be provided at the Conservation Area as a joint effort between Indian River County, Indian River County Schools and The Environmental Learning Center. County Parks Division and Planning Division - Environmental Section staff will work with staff of the Environmental Learning Center and the County School Board to program and develop facilities, field activities and events at the Conservation Area, and to develop written materials and curricula to accomplish these goals. A summary of educational program plans for the Conservation Area will be included in the first annual progress report to the FCf. 12 Suitable scientific research projects by university staff, graduate students and private individuals at the Conservation Area will be considered on a case-by- case basis. Research agreements between Indian River County and the primary investigators will be required before work begins on site. The Florida Game and Freshwater Fish Commission (GFC), the U.S. Fish and Wildlife Service (FWS) and the FCI' will be involved in review and comment on all research applications and agreements. C. Comprehensive PlanJPreservation 2000 Conformance The third purpose of the Sebastian Scrub Conservation Area project follows directly from the habitat preservation purposes discussed above. The Sebastian Scrub Conservation Area lies within a planned unit development, the Sebastian Highlands Subdivision, originally platted in the 1950's. If the subdivision were planned under current environmental protection standards, critical scrub habitat would be preserved as consolidated open space systems within the suburban development areas. This acquisition will serve as a remedial effort to address the ecological impacts of past land use decisions. The Indian River County and the City of Sebastian Comprehensive Plans provide specific policy directives regarding preservation of conservation, open space and environmentally sensitive lands, specifically sand pine scrub, oak scrub, scrubby flatwood and aquifer recharge areas within the County and City. In the County Plan, these elements are the Coastal Management Policy 1.10, Natural Groundwater Aquifer Recharge Policies 2.4 and 5.3, Drainage Sub-Element Policy 5.2, Conservation Policies 5.5, 6.1, 6.2, 6.8, 6.14 and 7.3, Future Land Use Policies 7.2, 7.6, and 7.9, and Recreation and Open Space Objective 6 and Policy 8.1. City of Sebastian elements directing this project include Policies 1-3.6.2, 1-3.6.3, 4-3.1.1, 6-1.3.2, 6-1.7.3, and Objectives 4-4.1 and 6-1.9. Application for funding for purchase of the Conservation Area under the Preservation 2000 program was made to the Florida Communities Trust (FCI') in 1993. The Conceptual Approval Agreement executed on June 28, 1995 sets forth fourteen conditions to be met through the planning and management of the site by Indian River County and the City of Sebastian. Full compliance with these conditions will result from implementation of this management plan. The Conceptual Approval Agreement including the list of conditions is provided as Appendix B, with an index associating the list of conditions with applicable sections of this management plan. 13 The Future Land Use Classification for the Sebastian Scrub Conservation Area in the City of Sebastian Comprehensive Plan will be amended on the plan amendment cycle following acquisition of the AGC and the individually- owned properties. The classification will be changed to Public/Conservation land uses. Once the City's Future Land Use Plan has been amended, Indian River County staff will apply to the City of Sebastian for reclassification of the project lots to the appropriate conservation zoning designation. "D. Scrub Habitat Conservation Plan (HCP) The final purpose of the Sebastian Scrub Conservation Area project is to aid in the development of Indian River County's Habitat Conservation Plan for scrub islands within the County. Through close coordination with the US Fish and Wildlife Service and the Florida Game and Fresh Water Fish Commission, the County has proceeded with acquisition projects totalling approximately 200 acres of scrub habitat. These areas, Wabasso Scrub Conservation Area, Sebastian Scrub Conservation Area, Atlantic Gulf Communities Industrial Tract, and the St. Sebastian P.U.D. will form the core areas of preserved scrub habitat in the County, and will function with scrub acquisitions outside the county to provide islands of habitat along the Atlantic Coastal Ridge. The County's HCP is a work in progress at this time. Due to development pressure and the threat that the remaining scrub areas in the County could be developed before an approved HCP could be put in place, the decision was made to pursue outright acquisition of appropriate scrub parcels in advance of development of the plan. The management plans being developed for the County's scrub acquisitions will form the basis of the HCP to be completed in the future. SECTION III . STRUcruRES AND IMPROVEMENTS A. Existing Improvements With the exception of overhead electric lines and poles, underground utilities and adjacent subdivision roads, the parcels that make up the Conservation Area are undeveloped. Once the acquisition project is complete, the County will investigate the possibility of abandonment, removal and natural community restoration of any areas of paved roads not needed for neighborhood vehicular circulation, including Empire Terrace between Douglass Road and Barber Street (including Athens and Darden Courts). At this time, there are no fences or other barriers to the movement of wildlife on the areas to be acquired. 14 B. Proposed Improvements The configuration of the Sebastian Scrub Conservation Area does allow a wide range of public outdoor recreation activities. Privately-owned lots serving as primary residences are interspersed throughout the lots acquired for the Conservation Area. No collection of Conservation Area lots exceed ten acres in size, with the exception of a block located west of Schumann Drive at the western edge of the project. With the exception of portions of that block, all of the contiguous Conservation Area lots front on paved roads. This arrangement divides the natural areas into restricted blocks and effectively prevents the quality of outdoor recreational experiences that would be possible with a more continuous expanse of natural area. Although all parts of the Conservation Area will be accessible for guided environmental education field trips, unsupervised public access is not contemplated for the majority of the project area. As discussed below, two projects are proposed to provide limited and appropriate public access, one located on the Conservation Area, the second located on adjacent Indian River County School Board property. In the process of developing this management plan, it was determined that the project configuration was not appropriate for the creation of recreational amenities other that nature trails. No picnic area is proposed by this plan. A minor amendment of the FCT Grant Award Agreement is requested. West of Schumann Drive Interpretive Trail A block of 37 lots immediately west of Schumann Drive, including the right of way of Archer Street, will provide one location for public access in the future. This parcel contains approximately 11.6 acres of Type 3 Scrubby Flatwoods. Priority resource management activities, including initial trash cleanup and boundary fencing are required for this area. Abandonment of the platted Archer Street right of way will be pursued by County staff, and restoration of the area cleared for that road will proceed as part of the management activities for the entire block discussed above. The Schumann Drive public facilities are proposed to include a small parking area for five to seven vehicles, located off the road, and an interpretive loop trail, approximately one-half mile in length (see Figure E). The trail should be stabilized to allow access by visitors of all physical abilities and should include an interpretive kiosk and signs to explain natural community and listed species that utilize it and the ongoing resource management activities on the site. Trash receptacles will be provided at the trail entrance, and the trail access will be gated and the facilities opened only during daylight hours. The access point for the trail will be designed to prevent entrance by off road 15 PR CEII::ErnIIE:ff : I ' I . I . I 'I. ,. I . ~j~ .1 .'.'1..' J I ,. I' ~iel . I J, ~...., .... ,-, ...... >-~ '-I"" 0 .1. '_I. ./.I~.I~ - , I , I .1. 1,1 ,I, m .1, " ,I- .1, f~' , I, I ''\: ~ ~ t-!- - \. .. I- Ii,...:. . I. - I O!: f-- . Nle\ _1 JfI s............. I I ~ ~ t--;"I"" ~ - '-:'" ,--!" '- ~ -\"I.I--:~'"I" '\' '1'1' ';1'/'/. ~c!-- f-;-r;- ., .. -.: ~ ~'m ~~ ~ ,. 0 ~ -:~ ~ ~ ~" ~ a I r;-Ir:~ ~ -:- -;~I~ ~ ~ I - 61- , ----;.;- ~~r;- I-; c;-~;- ~ ~ ~-.:. ~ ~ " -;- , . .... II . ~ !~ ~ - - ..f--f-:---....-- r-- ... ""-::- _ ,,, . J \. _ I--~ '-- ~ t--;t-;- &. 1'1 . ~, ~ . ~ . t-; r;- --: ;- : ~.-;- r;;- t-t-:- i . , ~ _ ~ ;;- , 'I' '1'/ 1- -''t- ~~ ~r- ~ I-- " - f-- - ., '-- ::-~> no : -;- --7;- -;-;;- -7;- --7: . _L...-' ft . ^- '-L--- .. ~ , W' .-:. -;- ~ -7 -;- -;- ~ ~ ~ ==: ~ v: -1+\::--'" V;" /:-r:-r:\ >- ;- . . ~ ~ -;:- -:-:- -;. .' . - - - ;- - - 1--8...;. ---= - '\'[' '1'" 'ITeb:!',!" '1"1";;- , ~. -:1 l-m '""'" . ,_ -; r;-I-; -/.'-'-1,..1..1-1,1-,\ ~ I I J.J ~ ~ ~ ~ft ,71, 'ej,e '1:- il" iJ l,P~R~ING A~EA:f1 '-- ...... - -'- ~ -.: ,_ " ~ ~ 1111111111111111 ~ ~ ~ i~r;z ~ z : ,(INTERPRETIVE T?AIL ~ ~. I-;lf-i-r.: ~ ..... ~ f..& ...... ~t- H~ c~ ~ 'l.l'I'I' 'I' ~ ~,'OSED FENCE ~~LL:~i~~:~ L _~ - n If ,- ,v.; , I I I tAl' STIIla1' --.,t..... .....'.'.,ft. r-: I, . '1 ,ljU~f, ,I,~ ~ 0.," '+01".:- ~ -~ SANllfIlDGE ESTATES/US / ;-.. '-!.-. ~tf ..,,;' , : 'I' 'I' 'eta T'ifT i ' 'II .,' 'I 'j, ~:ij. ~ti" lI'~' ,_,I-;;, "il . 'i" I . - --;;-,""'-; ~ITD '-:::-'- r-;f.;- " " r--: . I' '~1.! Il . r+-n ~ ~:- ~ - I- I I tIt-:- ~ i I " If . If . - .~B . . ,. ~"VI"W . "\-J!.-;- j I, - ,. f-;- >- +- n~'" :=:~:' " .,. '. ~~"~ ~ ~!!-- .. .. ~ r:-- ~' . r--;.y WIDt ti: i ,'t'~ J ~ : :,: --;-~ ~ ~~i~' iI" :\,1, -I. _I.r.~ H-- ~ ---;-~ --;- =- ~ ~ ~ ~. 'III I.. '*1" KI II . ~ . -;:;-; r~ ~ -- t-- ,." ..,. . I. I I IH ~ It/ ~~ --!.. ~ ~ -;- -;~ . II " , '" _ '.,. I ''''_~_ ~~ -.:.~ ~ -;- r-:~ ~-( ,17;f) I o\-: ... ... ~. -::- t--:-~ ~n ,.. . .+- . ~ a. .- e--; ~~~r-;-i$l 1-1'I'j' .+: 7 '''<<"_ --=.:.. ~ --.!.. ~ ..I- " '1:>)-' " \ ~ ".. - . . " ~ ~.. r-;;- --~ ........ C- , ,( _ T. "T' ~~ ~;- ~ -;;- c--;;- t- r. ~I ~ "I' 'Ld " . I I 10 ., .. " _ ~ ~ t-I--. .. ~ . ~, . IIII'M ~ .. ..1-;- 'f-!-!;- .rJ'I.~"I:'~I~': .. " :1,1.1.1. -1.1. ~l_ .1-" ?'" 0"1 ~~~~ -;:: - PROJECT LOTS ~ Ecotech Sebastian Scrub Management Plan ~ 'ij' con~::,s, Inc MASTER SITE DEVELOPMENT PLAN 1 6 SCALE: /"="~' vehicles, to address the current problems on this parcel of unauthorized trash dumping and other undesirable activities. An identification sign will be placed at the access drive to the parking area on Schumann Drive. The sign will identify the Conservation Area as being open to the public. The site will also be identified as being operated as a natural resource conservation area by Indian River County and the City of Sebastian, and provide credit for funding to Indian River County and the Florida Communities Trust. Future improvements to Shumann Drive should include improved pedestrian and bicycle facilities for access to the Conservation Area by alternative means of transportation. Walking and biking the residential road system throughout the Conservation Area will be encouraged as a way to provide environmentally sensitive public access. Conservation Area Signage Project Along with the Pelican Island Elementary School project discussed below, a third project is proposed, aimed at creation of a specific identity for the Conservation Area while educating the public regarding the vital ecosystem management and habitat preservation purposes for which it was created. Identifying signs should be designed for placement at 19 locations around the project, as shown on Figure E. Each sign should carry a professional-quality logo featuring the site's endangered plant and animal species, such as the scrub jay and gopher tortoise, and the full name of the Conservation Area. The signs should clearly explain the legal protection provided for all listed species found on the property. Each sign should also identify the property as a project for environmental protection and conservation, credit Indian River County and the City of Sebastian as primary managing agencies, and recognize the involvement of Indian River County and the Florida Communities Trust as the sources of acquisition funding. Large signs should be placed prominently on the most heavily traveled roads within the Conservation Area. Smaller signs are recommended for the neighborhood- scale roads that carry fewer cars at slower speeds. Each block of lots making up the Conservation Area should be identified to provide consistent recognition of the project throughout. Access to the natural resources on the site will be limited to the pedestrian trails and the public facilities discussed above. A comprehensive survey of the plant and wildlife species within the native communities on the Conservation Area will be completed prior to any construction activities to ensure that any significant resources on the site will be managed effectively. A census of gopher tortoise burrows on the site will be completed prior to any construction 17 activities to eliminate the potential for disturbance to individuals or their burrows. Construction management personnel will also be required to be educated on the appearance of these and other listed species (such as the Eastern Indigo snake) to minimize the impacts to individuals on the site. C. Required Permitting Permits required for the proposed construction include a St. Johns River Water Management District Stormwater Management permit for the proposed parking area. A City of Sebastian Building Permit will be required for the shelter proposed at Pelican Island Elementary School (discussed below). Tree Removal Permits may be required for construction of firebreaks and clearing for the trails. City site plan review and approval processes will be completed for the facilities development projects, as well as review and approval by the US Fish and Wildlife Service and the Florida Game and Freshwater Fish Commission. Before initiating any site improvements, County staff will provide the FCf with copies of all necessary permits and licenses for the activity. Except for emergency response activities to secure the property or protect its natural resources following storm, flood or other disturbance, no alteration of land use or character at the Conservation Area or School Board property not described in this management plan will be initiated without prior consultation by County, FCf and School Board staff. D. Easements, Concessions and Leases The typical array of easements and encumbrances applied to a residential development site are present on the Conservation Area lands. Electrical, telephone, water and public transportation easements are included in the titles to each of the acquired properties. The management of the Conservation Area will be coordinated to accommodate all title restrictions acquired with the land. Management staff will work with the utilities companies to integrate any vegetation management activities needed within the easements with the overall management activities of the Conservation Area. Indian River County has no intention at this time to develop concessions, leases or other revenue-generating uses or agreements at the Sebastian Scrub Conservation Area. FCf, FWS and GFC staff will be consulted if, at any time in the future, such agreements or activities are contemplated. Sixty-days written notice and information will be provided by the County to FCf 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 with non-governmental persons or organizations on the project site. 18 SECfION IV KEY MANAGEMENT ACfIVITIES A. Maintenance Regular facilities maintenance, patrol, and trash collection at the Conservation Area will be the responsibility of the Indian River County Parks Division. B. Security The City of Sebastian Police Department and the Indian River County Sheriffs Department will provide surveillance and law enforcement authority at the property as needed. An interlocal agreement has been executed between the County and the City to formally involve the City in provision of site security at the Conservation Area. A local neighborhood crime watch program will be contacted and enlisted in security surveillance activities for the Conservation Area. c. Staffing The County Parks Division is staffed by 23 field employees to manage all units in the park system. Volunteer support to help provide public access, interpretive and educational activities, and resource management assistance will be encouraged and coordinated by the Parks Division. Staff from the Environmental Learning Center, and members of the local Native Plant Society, the Audubon Society, the Sierra Club and the Florida Trail Association, other organized groups and individuals, especially volunteers from the local neighborhood may provide valuable assistance in the operation, interpretation and resource enhancement efforts at the Conservation Area. Contract labor may be employed by the Parks Division as needed. Resource management activities will be the responsibility of the County Parks Division. Parks staff, contract labor and volunteer labor will be assigned to tasks such as exotic plant removal and natural community restoration. Assistance for resource management projects may be provided by the County Planning Division's Environmental Section, the City of Sebastian, the Division of Forestry, the US Fish and Wildlife Service (FWS), and the Florida Game and Freshwater Fish Commission (GFC). D. Natural Resource Protection The comprehensive survey and a more detailed inventory of the composition and structure of the vegetative communities on the site will need to be completed prior to development of detailed site community management plans in order to ensure that the resources are managed effectively. This inventory 19 will be used to develop a detailed vegetation management plan for the entire site. Fonowing the initiation of the management activities, there will be post- event ecological monitoring to determine the success of the management activities, and to provide direction for future management decisions. The most significant component associated with natural resource protection will involve the selective harvesting and clearing activities. The actual site work should be initiated within six months fonowing the completion of the vegetation survey and development of the vegetation management plan. Harvesting within the scrub communities will not be conducted during the nesting period for the scrub jays. The second most significant component of the natural resource protection plan will be the eradication of nuisance and exotic plant species within the areas designated as Type 3. Eradication win eliminate these species from existing areas, and will prevent their invasion onto adjacent sites. Encroachments on the Conservation Area from adjacent land uses win be managed by direct contact between County staff and the adjacent land owners. Accurate marking of the Conservation Area boundaries win be installed by the County. Fencing of boundaries between the Conservation Area and adjacent residences will the final measure where encroachments cannot be curtailed by cooperation between the County and the adjacent owners. E. Archaeological/Historical Elements As discussed above, no prehistoric or historic sites are known to exist on the Conservation Area. Preliminary cultural resource surveys win be included in design projects for the two proposed development areas. If cultural sites are identified at these or any other areas on the property, County staff win coordinate with the Department of State to develop fonow-up surveys and documentation and develop appropriate management strategies for the sites. The conection of artifacts or the disturbance of archaeological and historical sites on the project site will be prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. Management of archaeological and historic resources must comply with the provisions of Chapter 267 Florida Statues, specifically sections 267.061 (2)(a) and (b). 20 F. Management Coordination Pelican Island Elementary Interpretive Trail and Shelter There are no barriers to the movement of wildlife between the Conservation Area land northeast of Pelican Island Elementary School and the undeveloped northeastern portion of the School Board property. County staff is working with the Indian River County School Board to create a management agreement covering the northeastern portion of the School Board property. Under the agreement, County staff will include the scrub and f1atwood communities on School Board property in the management activities for the Conservation Area. The proposed cooperative project between the County, City, School Board and the Environmental Learning Center will develop a second interpretive loop trail originating at the school, and will construct a shelter at the edge of the scrub community to serve as a gathering point for outdoor environmental education activities. The one-half mile loop trail and classroom shelter will be designed for handicapped access. Parking and bus loading/unloading facilities at the Elementary School will be available for visitors to the Conservation Area on a reservation system coordinated by the County Parks Department, the School administration and the Environmental Learning Center. Figure F is shows the conceptual layout of the interpretive trail and location of the outdoor classroom. The trail will be located to serve as a firebreak for prescribed burning activities. No trees will be removed during construction of the trail and the shelter, unless such removal furthers the goals of the resource management program for the property. Interpretive signs will be placed along the trail to inform users about the ecology of the site, identify endemic plant and animal species and to explain the ongoing resource management activities. An identification sign will be placed at the access drive to the Elementary School on Schumann Drive. The sign will indicate that the interpretive trail is open to the public on a reservation basis, and provide telephone contacts to arrange site visits. The creation of the Sebastian Scrub Conservation Area will provide a unique visual quality and sense of place to the surrounding suburban environment. The retained natural areas are generally very attractive. No significant problems of trash dumping or off-road vehicle use have been observed, with the exception of the parcels located in Blocks 584, 585 and 586, west of Schumann Drive (discussed above). Proper land management by County and City staff, and persistent efforts by the managers to educate, inform and involve the neighboring residents in the planning and management of the Conservation Area are crucial elements of the successful management strategy. This project has the potential to become a model solution to the 21 r 00. <,.J~ ~o- ot: == ZUu 000< -;;;"'r... ~~~z ,.J>~8 ~~ZE-; ,.J~r-J< <~~u ~Or-J;;J ~U,.J~ ~ r-J~ ~~~~ z~<~ oU,.Jz uoooo~ ~-~ _Zz ~<O ooU~ <-- ~,.J> r-Jr-JZ oo~~ . '~". ~'. ..'" . ~'- f ,,' '.'\ .... 'f ~"~'~" ';. ..',. J.. .' il- ~l .- - ~.~,*: : ~t. 1-. . F .' . "t :> ~ ... ~ .. ~ .;;' :"'i,';j.',' '.~~, ~ . ; \. .c.:., '. :j . ,.! ..j". /1$~-: ~~~~. ~ ~' "j.:.. t,~ " t. ~-,;.:.. ,. \C 0\ 0'1 - o f)=~ ... : Cli- O~ Z...l ~ U 00 > ~ < ;;J Z < lo-J "'" '"' ~t\.1 ~ f\\ Ii: ..... ~f.~ / ....:~t~~.~ ...~!~~ ~~:~~~'. . .,~ ~~ -<<l ~~ .....~ 'f ft...... ~~ "'..... ~ . I'" ..~....~~./.. ., ". " . &" .io. t>J ",,' ~ .:.. basic conflict between the preservation of Florida's irreplaceable ecosystems and her future economic and social development. Community involvement will be the key to the success of the Conservation Area. With the support of the neighboring landowners, many of the management problems to be encountered, particularly those related to security, trash dumping and unauthorized access will be minimized. Without their support, the crucial management activities that, if implemented, would preserve the scrub communities may become impossible. By cultivating a neighborhood "pride of ownership", the managers will acquire a solid and persistent base of volunteer support that will be invaluable both in the practical and the political challenges facing this Conservation Area. Toward these ends, this plan sets forth an intensive schedule of public workshops for the coordination and the education needed to accomplish the goals of the Conservation Area. The resource management programs at the Conservation Area will benefit greatly from continued involvement by the GFC, the FWS, and staff of the Environmental Learning Center. A standing Resource Management Committee will be established, with staff of the County Parks Division, City of Sebastian Planning and Public Works Departments, County Planning Division Environmental Section, GFC, and FWS, supplemented as needed by representatives of the Environmental Learning Center, Native Plant Society, Audubon Society, and others. Leaders in the local community will be invited to participate in the committee to insure community involvement and support for the Conservation Area. SECTION V - RESOURCE ENHANCEMENT A. Exotic Plant and Animal Removal Within eighteen months of acquisition, Indian River County will develop and implement a plan for removing exotic and nuisance species from the site. The focus of this plan will be the removal of the Brazilian pepper and wild grape. The mechanism for completing this initial phase of construction will likely involve selection of a private contractor, but also may include volunteer groups or temporary inter-departmental use of Indian River County staff and equipment. This determination will be made by County personnel. The removal of exotic and nuisance plant species will be most critical during the first year following acquisition. It becomes critical due to the fact that thinning and clearing activities which will occur subsequent to this will create areas which may be readily colonized by nuisance/exotic species. After the initial treatment, the schedule for the project has allowed for periodic re- treatment based on the results of ecological monitoring. 23 Domestic cats and dogs, and native species such as raccoons are often a problem for species such as scrub jays. Nevertheless, it is not practical to develop a control plan for exotic and nuisance animal species at this time, due to the sprawling nature of the site, and the inability to prevent access of individuals to the site. Feral animals will be controlled by enforcement of existing animal control ordinances. Residential neighbors will be educated regarding the potential impacts of stray pets, especially cats, on the endangered animals that utilized the scrub habitat. Wildlife species that may impact listed species populations will be. monitored and individuals will be removed by City and County animal control staff as needed to minimize their impacts. B. Enhancement Management Vegetative enhancement through planting is not necessary at this time. The initiation of the management plan, along with continuing efforts to eliminate nuisance and/or exotic species on the site will provide the significant enhancement to the vegetative communities of the Conservation Area. The initial phase of active resource management will include a comprehensive survey to evaluate wildlife use on the site, and to assess the status of the vegetative communities. Methodology for wildlife surveys should be coordinated with the FWS and GFC staff prior to initiation of the surveys. In addition, representatives from the local chapter of the Native Plant Society should be contacted to assess the potential for listed plant species occurrence. The status of the vegetative communities should be evaluated by collection of additional data on the density and cover of target species within the vegetative communities, and in consultation with local representatives from the Division of Forestry. Following the collection of field data, a detailed vegetation management plan and nuisance species control plan will be developed. This plan should be completed within 18 months after final acquisition of the Conservation Area. Preliminary recommendations for the plan include the following: o surveys conducted on the site by FWS representatives have documented at least three families of scrub jays. Management activities in the oak scrub, sand pine scrub, and scrubby flatwood communities are recommended to be conducted prior to the nesting season (late winter). o the management units should be created such that no more than 25% of the available scrub jay habitat is harvested within a given management year. 24 o o the County should schedule quarterly public hearings before and following the acquisition of the property in order to determine if fire management is a management technique which will be acceptable to adjacent property owners. Due to the small size of the lots and the presence of power lines adjacent to every lot, the costs included within this plan have been prepared with the idea that mechanical techniques will be used to control the density of vegetation. If fire management becomes a viable technique, then the County may . use the data collected in the vegetative monitoring to develop and implement a burn management plan. o clearing which has occurred along the power line bisecting the scrubby flatwoods adjacent to Stratton St. has resulted in a regeneration of a higher diversity of scrub species than in adjacent uncleared areas, and has opened up bare areas. This random clearing would indicate that development of a detailed vegetation monitoring plan, based on the data collected as part of the initial site inventory, can result in enhancement and continued effective management of the scrub communities. If the date of this clearing is available, the County may use this specific area as a baseline for analysis in the vegetation monitoring program. o following the initial phase of management (the first three to five years), the management within the scrub and flatwood communities is recommended to be continued on a ten to fifteen year rotation. o because the majority of the nuisance species are located along the fringes of lots, are not dense monocultures, and are easily accessible, the plan has provided for manual clearing of this vegetation initially. Follow up treatments will use herbicides to re-treat and prevent re- sprouting. o cleared/disturbed areas should be allowed to revegetate with native, non-nuisance species. Once these areas have revegetated to the point where they fall into one of the natural community classifications, they should be incorporated into the management plan of adjacent natural areas. the County should coordinate management activities with the plan developed for the School Board property in order to maximize available habitat in that area and to reduce mobilization costs. 25 The primary focus of enhancement efforts will be on achieving the vegetative densities and diversity typical of intact scrub and flatwood communities. It is recommended that the County obtain copies of any data which may have been generated by the GFC and/or the FWS on the management of urban scrub arid flatwood communities. In addition, the County may want to coordinate with private entities, such as the Nature Conservancy or the local Chapter of the Native Plant Society, to evaluate if other useful urban scrub management data is available. SECTION VI - COSTIFUNDING A. Development Cost Estimate The development cost estimates shown in Table 1 are preliminary estimates based on current market costs and estimated quantities for the resource management and public access improvement programs outlined in this plan. The authors have attempted to provide the best estimate possible based on the information at hand, and the level of planning completed. Some adjustments in these estimates may be necessary as more detailed plans are developed. Over time, market conditions and prevailing rates of inflation in the general economy may act to increase or decrease actual costs for contract services and construction. The costs of major natural community restoration and maintenance activities proposed by this plan are estimated based on contract rates for mechanical clearing, thinning and mowing. If prescribed fire can be used at the Conservation Area for significant portions of this work, these costs will be significantly reduced. The determination whether or not it is possible to use prescribed fire will be made by County staff and the Division of Forestry, after extensive and thorough public meetings and workshops with the local residents and elected officials. B. Funding Sources Four sources of funding have been identified for management and development of the Conservation Area. Funding from the Indian River County Environmental Lands Acquisition bond program may be used to provide for property security and priority resource management improvements and activities. County mitigation accounts for upland and wetland enhancement projects may also be applied to this project. Funding from the County Land Clearing and Tree Removal Violations accounts are a third source of funds for resource management activities. Operations, staffing and development funds will come from the County Parks Division budget. A potential fifth source of funds may be developed through donations of cash, 26 TABLE 1 SEBASTIAN SCRUB CONSERVATION AREA ESTIMATED MANAGEMENT AND DEVELOPMENT COST 1. Resource Management Improvements1 Initial Ecological Monitoring $2,500.00 Exotic Plant Treatment . $3,000.00 Exotic Plant Re-treatment $ 500.00 Selective Tree HarvestingZ $2,000.00 Selective Clearingffhinning of Vegetation $15,000.00 Fencing $13,500.00 Project Identification Signage $5.000.00 Subtotal $41,500.00 2. Public AccesslRecreation Improvements3 West of Schumann Parkingffrail, Kiosk and Interpretive Signs $21,400.00 Pelican Island School Shelter, Trail and Interpretive $18.000.00 Signs Subtotal $39,400.00 Total Initial Resource Management/Development Costs $80,900.00 3. Annual Maintenance/Operations Costs" Resource Management (Monitoring, Exotic Plant $9,400.00 Re- Treatment, Natural Community Maintenance)S Routine facilities maintenance $8.000.00 Total Annual Operational Costs $17,400.00 1 - FlIDdin& Source: ErMron""",tal Landa Acquisition Bond J>ro&ram. County Mitiption FlIIIcIa, County Tree R~I Permit VlOIItions Fund 2 - Doea not include ruDCII sencnted obouId !be County oell !be timber, if . martCl Cor !be timber io locally .....;lable 3 _ FuacIin& Sourec: County Parts Development Appropriationo, Citizens Donationo . 4 _ FlIDdin& Sourec: County and City Parts Operations Budseu and VoIunteen j - eo.r. bMed on lIIeCbonical maintenallCe. Adoption ol . fire manasement prosram would roduoe !be COIl ollbc natural community maintenance (poosibly by as much as SO%) 27 materials or labor from individuals or businesses in the local area. Donation fund raising activities will be part of the County's initial fund raising effort. SECfION VII - MONITORING A. Annual Implementation Report An annual report will be compiled by County staff to inform the FCf on activities at the Conservation Area during the previous twelve months. The Annual Report will include a review of the provisions of this management plan and provide numerical descriptions, where possible, of progress made in meeting those commitments, such as acreage and percentage figures for exotic plant removal, spoil removal, native plant restoration, etc. The report will also serve to update the resource inventories for the property on file with the FCf as more information is gathered at the Conservation Area. The annual report will comply with the requirements of 9K-4.13 F.A.C. County staff will forward listed species information to the Florida Natural Areas Inventory on appropriate forms, concurrently with filing the annual report. (See Appendix C.) B. Progress Assessment The following list summarizes the management objectives set forth in this management plan, in priority order. Figure G presents the management activities discussed in the plan in a graphic timeline format, beginning with the date of final acquisition of the property by Indian River County. The schedule of activities is subject to adjustment, as it depends on the availability of funding, staffing and inter-governmental assistance for the management of the Conservation Area. 1. Inventory plant and animal species on the Conservation Area. 2. Initiate regular public meetings and workshops. 3. Develop vegetation management plan with assistance of Division of Forestry, FWS and GFC, and others. 4. Perform cultural sites survey and begin facilities design projects 5. Begin exotic plant removal and canopy thinning. 6. Begin active management and restoration of scrub communities. 7. Refine management practices through ongoing species monitoring and analysis. 8. Construct and begin maintenance of public facilities. After the initial inventories of plant and animal species utilizing the site have been completed, annual monitoring surveys of plant and animal species will be instituted to help evaluate progress toward the goal of habit~t restoration. 28 The acreage and percentage of the site undergoing exotic plant removal or re- treatment operations, and the acreage of scrub undergoing mechanical or prescribed fire management for restoration and/or maintenance wi)) be measured and reported annua))y as well. Development of public facilities, although important, is dependent on the availability of funding through the County Parks budget, from the City of Sebastian and the Indian River County School Board, or through private donation. The progress of appropriations through the various budget processes, and the progress of fund-raising activities will be included in the County's annual .report to the FCf. Once development funding has been acquired, progress through the design, permitting and construction processes wi)) be reported on a percent-complete basis. After facilities are developed, the County Parks Division staff wi)) estimate annual visitation and include a narrative summary of use of the Conservation Area by organized groups in the annual report. 29 <D C ..... ...... ~ 151ll~ ~"Ill ..... <D Z 1.<..... oo+' H M.~ E-o Ii. > ..; ..... :> ~ +' Cll>:>-U r..l.j.J"; ~ CIl C Z:s+' o 0 C ~UU~ Ii. Cl I.< Q) ~ <D 0- > III ..... C CIll>: III H :E C r5 .~ -g ~".j.J C U H Q) Po .,..., o I.< Po ...... .... :::::::'::::::::::::::1 CXl !~~f U'\ .:.:.:. ::::::: ::;::::... cc 01 C'lN .... .... .... .... ....... .... .... ~t~: .~;~;~~ JU tru !.... CXl ... ~Ii! Itm I::::,:: U'\ ~~~~~~~ i~;~~~1 III <D e ~ III ," ~ ~ 5 I Q Q) ICe ., ..... o > III ..... a:s" ...... .. .j.J I.< o"".j.J I.<COI..U Pot. ~C.. 01 Poa:sH..:s "'~ c~~~ ~Q).u.j >.~B ~g~. HHg~~Q) +'.....c.>oe ........I,!!a:s......OU ...., Q) U Q) Q) C 01" ,~I.< III U C '> C > g ~ ~ 0 H.. a:s C Po H ./ a:s :j B ~I ~ ~ e e .~ ~ ~ ~ ~ ..i ~I.~ 2 ~~i~~~PoPoi~~.j.J, I ~~~ ~~+'CIl.tJ~ I I I ~6::H~OIIll6::Cltg ~OCr..lIICll..................1.< "ZUU I ..... ~lC<DO IllIlla:sPo.c ...........011.< eUCIlIll>>> Ha:sI.<+'+'HOIlDO ;~......~ggg216::~SS,~:j~ 1ll~~~~~~~CI~r..lr..lc~~5 Cw.....O I~ ./+'+'O...........:E III c:;1ll+'+'.j.Jc:;.....c:; c:c..........u lC5c~~~~O~~~~~~~f~ ....." ..................~Cl+'l>:.j.J.j.J.j.J1i. U .j.JC......PoPoPoOl a:s a:sa:sQ) ........... ~ a:s ~ () U U ~I"f t; .~ e e g.~ ~ g ..... .j.J :s ..... ..... ..... .0 lD 2 .j.J Eo< E-o :> ...... lD .... I'i;! C .j.J .j.J .j.J .j.J a:s e lD 0 I I I .0 C 0 1.9~3 S S S'al:s ~tj~~a!~~&l ";PoUr..lr..lr..lr..lClll>: . .. Or-4NM"l:I'IJ')\O ....NrrlqoU"'l\Ol"Q)O'IMMMr-I.-l.......r-i ....j ..... I,......: ........ ;::::::: '.:.;.:. :.:.:.:. .:.:.:.: .:.:.:.; ... CXl ';:;=;:: ~1~!j ~mm~ [{ :::::::: '::::::: :j~t~ U'\ tt :::;:;: ::::::; ::::::: '.;.;.;. .imm ....... :::;:;: :t1~~ .... giN N' ~~~Ii j:~:j:j :1~ij1~~ ':;::::: [:::: !:.:::::... ..... ... '.:.:.:.:.:.:. 1m} .... .,;.;.;. I~~1[ .::;::::':::;:::; t~{f:~~ :::::::, .... .... j:j:j=i :j:j:i:! Itt .;.;.;.; :::::::: CXlt ':;::;:; .':':':' '" fiifi [tl i....... .::::::: .:.;.;.: t....... .:::;;;; :::::::: [if 0: 0; O'N I'l' ~:~:~:i .~~~~~~~ ...... .... i.'~.'~.:,.:~.:;.:i.l .:.:.:. ~ .;.;.;.: !:if~ .... ... .... ;.:.;.; ... ;~~~~m ~i~ii~ !i:::!i: }] ~~~~~~~ CXl tm~ t!:~: :;:;:;; ~......, f:;;::::: U'\ It:t... .;.:.;. :;;::;: tI ;;:;:;: OIl 01, allN ....' }m~ :;:;;;;; ~I C "~I 3 C 01 () a:s H :Sl ...... .. I.< !ll Q) .. .j.J 1.....Hg1:~IQ) I';:;.. Q) a:s/I" 01 () .......~I.<CUC ~ ~ ~ Po ~I-c ~ ~ ~ 6:: ..i ~I'~ 2l U 01 Ul C ~ fj ..; H I I ~ ill '~12 ~C.j.JQ)OIIllC :EC ~ ~ ~ g.~.~ ~ I Ill'C e a:s .j.J .j.J Po Ul lD 0 ~6::SSI.~:j~ ;a I r..l r..l c.~ ~ 5 c .j.J.j.J 0 ...... ..... :E III c: C c.......... () :a:.8~~~~~';ci .j.J.j.J.j.J.j.J1i. U a:s III a:s Q) ........... t;eeg.~~g ! 2" E-o E-o :> ...... Q) ...... Q) I I I .0 C 8 ~~~a!~&r..l l>: Oro-lNC""}~Ln O\ro-lr-lr-ll"""'f......r-l ~ ~ a:s Q) III >- <D >- ~ .j.J ~ I.< .j.J :s I.< 0 :s w 0 w Q) ~ Q) .j.J ~ .j.J w 0 w 0 " C " Q) c: Q) <D ~ Q) .j.J ~ .j.J >- .0 >- .0 " C " a:s C ...... a:s 01 ...... ..... 01 ..... w o C o ..... .j.J a:s .j.J Q) 0- <D > I Q) I.< <D .j.J Q) lD .j.J ...... <D g. ...... o g. () 0 U Q) ~ ~ ..... Q) ~ ..... U . ~ . a:s.j.J U.j.J ...... :s a:s :s ...... 0 0 0 a:s .j.J~0~ Ii. ~O-+'o- :s ~:s ~ ~ 8 01 8 a:s Q) ~.j.J ~ l><.j.JC.j.J 0- ./ Q) C III I.< > I.< ..... .j.J:l Q) :s ~ ...... 0 () U c.a:s......Uo-() CIlCPoOCO 0l.~Q)>.:;:t>- C.j.J I.< a:s C III .....c.uellle ~ 0 III ...... :s III c. 01 o a:s Q) a:s III ~~5~~~ U ()C"'W~w oo~o.j.JO ..-1 ..-1 >-.j.Jco-:Jo- ~ a:s..... C C o 0- ..... 1.<..... .j.J a:s I.< .j.J :s .j.J cc.:scuc Q) 0 U a:s () a:s > I.< u...... 0...... CPooc. C. H I 0 I W 0 Q).j.J Q) .j.J0.j.J1.< I.< a:s C ~.j.Jc......o...... .j.J C 0 Ill..... a:s 9I..-I.,+J+J al..2~L~~ " 01 .j.J e <D e C ..... Q) Q) 0- Q) ~ .....t O'l.....t Q).....t .oQ)c.>c. Ill> Po<D C. 8~8!all>:al Q) r..l .. l>: .. .. .... .. otI otI. ... w o C o ..... .j.J a:s .j.J lD 0- ~ I Q) I.< Appendix A. State and Federally Listed Wildlife Species Potentially Utilizing the Sebastian Scrub Conservation Area. Scientific Name Common Name Status! USFWS FGFWFC BIRDS Aphelocoma coemlescens coemlescens Florida scrub jay T T AMPHIBIANS/REPTILES t'o..tO\:Se. Drymarchon corais couperi Eastern indigo snake) T T Gopherus polyphemus Florida gopher.ff9g- C2 SSC Pituophis melanol~cus mugitus Florida pine snake C2 SSC Sceloporus woodi Florida scrub lizaerd C2 * Rana capito aesopus Florida gopher frog C2 SSC MAMMALS Podomysfloridanus Florida mouse C2 SSC Florida Game and Fresh Water Fish Commission Section 39-27.03-05, FA.C. U.S. Fish and Wildlife Service 50 CPR 17.11-U FDA - Florida Department of Agriculture and Consumer Services E = Endangered; T = Threatened; T(SjA) = Threatened due to similarity of appearance; C2 = Candidate for listing, with some evidence of vulnerability, but for which not enough data exist to support listing; SSC = Species of Special Concern; · = Species not listed. 1 AffEN.btX l!::> CONTRACT I 95C.T-/jJ,'9<fAIA-AI-032.. FLORIDA COMMUNITIES TRUST P4A AWARDI 94-032-P4A CONCEPTUAL APPROVAL AGREEMENT THIS AGREEMENT is entered into on i 1995, by and between the FLORIDA COMMUNITI TRUST (FCT), a nonregulatory agency within the state of Fl ida Department of Community Affairs, and THE CITY OF SEBASTI AND INDIAN RIVER COUNTY (FCT Recipients), local governments ot the state o~ Florida, in order to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project site), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of sections 259.101, 375.045, and Chapter 380, Part III, Florida statutes (F.S.). * * * * * * * WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a nonrequlatory 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; WHEREAS, Section 259.101(3) (c) of the Florida Preservation 2000 Act provides for the distribution of ten percent (lOt) 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 were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K-4, Florida Administrati~e Code (F.A.C.) sets forth 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; CAA/94-032-P4A 3-10-95 1 WHEREAS, the FCT Governing Body met on January 12, 1995, to rank and select projects that were to receive Conceptual Approval for funding; WHEREAS, the FCT Recipient's project was selected for funding in accordance with Rule Chapter 9K-4, F.A.C.; WHEREAS, Rule 9K-4.010(2) (f), F.A.C., authorizes FCT to impose conditions 'for funding on those PCT applicants whose projects have been selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual Approval t~at must be satisfied by FCT Recipient prior to the disbursement of any FCT Preservation 2000 award and 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 CONDI'1'IOHS 1. At least two original copies of this Agreement shall be executed by FCT Reci~ient and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 as soon as possible and before JUDe 10, 1tt5. Upon receipt by FCT of the signed Agreements, FCT will execute the Agreements, retain one original copy and return all other copies to FCT Recipient. 2. Conceptual Approval for funding shall be until December 10, 1tt5. In the event a project plan has not received project plan approval by December 10, 1tt5, 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 2~00 award granted to the FCT Recipient by-the Governing Body shall terminate and all obligations hereunder shall cease. 3. The FCT Preservation 2000 award granted to the FCT Recipient will in no event exceed the lesser of FIFTY percent (50\) of the final total project costs, as defined in Rule 9K- 4.002(31), F.A.C., or ONE MILLION Two HUNDRED TWENTY-NINE THOUSAND Dollars ($1,229,000.00), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K-4.011(2}(a) , F.A.C. 4. The grant amount reflected in Section 1.3., he~einabove, is based on the FCT Recipient's estimaticn of Project Costs in application 94-032-P4A and limits on awards in CAA/t4-032-P4A 3-10-t5 2 the Notice of Application Period announcing the application cycle. The actual total Project Costs, defined in Rule, 9K- 4.002(31), F.A.C., for acquiaition of the Project Site will be reflected on a grant reconciliation statement prepared pursuant to section I. 6., hereinbelow. The FCT will participate in the land cost at either the actual purchase price, or the .aximum approved purch~se price based on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is less, and .ultiplied by the percent atated in Section I.3., hereinabove. 5. The FCT Governing Body haa given Conceptual Approval for funding' to acquire the entire Project site identified in the FCT Recipient's application 194-032-P4A, that was amended by a letter from the Recipient dated February 28, 1995, which amendment was approved by the Governing Body on March 10, 1995. The Governing Body reserves the right to withdraw its FCT award if the acreage that comprises the Project site is reduced so that the objectives of the acquisition cannot be achieved or if the priority parcel(s) identified in the acquisition plan prepared pursuant to Section II. 5., hereinbelow cannot be acquired. 6. FCT awards shall be delivered either in the form of eligible project costs prepaid by FCT or in the form of a state warrant at the closi~g of the Project site to the ultimate beneficiary or in accordance with written authorization from the ultimate beneficiary to allow a third party 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. If the Project site is comprised of .ultiple 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 provided by the FCT Recipient and the portion of the FCT award that corresponds to the parcel being closed. Cash expended by the PCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 7. The FCT Recipient's local match shall be delivered either in the form of eligible project costs prepaid by the FCT Recipient, or .in the form of cash, eligible donation of land value or a FCi. 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 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 t~e local CAA/'4-032-P4A 3-10-'5 3 match on the reconciliation statement prepared pursuant to Section I. 6., hereinabove. In the event FCT Recipient's application #94-032-P4A represents that land i. the source ot local match, the value attributed to the land local match shall be determined after an appraisal report that complies with the procedures and requirements set forth in Rule 9X-6.007, F.A.C. 8. The FCT Governing Body adopted the Preservation 2000 Program Approved List ot Complete Applications for Series 4A Funding Cycle on September 28, 1994. If by local government initiated action taken subsequent to September 28, 1994, a Project Site is given an enhanced highest and best use which would result in a governmentally derived higher value, the FCT acquisition activities will be terminated unless the aeller agrees that the appraisal will be done at the highest and best use of the Project Site on or before September 28, 1994. FCT advised th~ FCT Recipient of this condition by letter as attached hereto as Exhipit B and incorporated herein by reference. 9. FCT Recipient agrees to make diligent efforts to submit the documentation that is required in thia Agreement as aoon as is reasonably possible to FCT so that the Project site may be acquired in an expeditious manner. . 10. 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. REQOIREMENTS THAT HOST BB MET PRIOR TO INITIATION OF PROJECT SITB HBGOTIATION 1. No later than Kay 10, 1"5,. the FCT Recipient must provide FCT with copies of the Property Tax Identification cards for each parcel that comprises the Project site. ~ 2. The FCT Recipient hereby notifies the FCT that Indian River ~ountv [note: elect either FCT, FCT Recipient or FCT Recipient Agent] will be the party responsible for all negotiation and acquisition activities. 3. No later than Kay 10, 1"5, 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. 4. Pursuant to Rule 9X-4.010(2) (j), F.A.C., in_the event the Project Site is compriaed of multiple parcela, FCT Recipient will provide an acquisition plan, to be made a part of this Agreement, to FCT no later than Kay 10, 1"5. The acquisition plan must be approved by FCT prior to the commencement of CAA/'4-032-P4A 3-10-'5 4 negotiations for any parcel in the Project site. The acquisition plan will address 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. s. No later than June 10, ltl5, the FCT Recipient shall execute a Confidentiality Agreement pursuant to Rule 9K-6.010(S) , F.A.C., a copy of which is attached as Exhibit A. 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 PCT Recipient affirms that: a. the FCT Recipient is ready, willing and able to provide the local match; b. the FCT Recipient reaffirms the representations made in FCT Application 194-032-P4Ai 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~ III. ~ROJECT 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-4.011, F.A.C. This project plan, which is a compilation of documents, must be reviewed and approved by FCT, and include the following documents: 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 R~le Chapter 9K-6, F.A.C., and be otherwise consistent with the provisions of that rule chapter. b. A management plan that complies with the following: written according to Exhibit C (FCT Technical Assistance Bulletin 12--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 ainimum, sets forth how the site will be .anaged 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 CAA/14-032-P4A 3-10-'5 5 improvement and funding sources, and identities the management entity and its funding source. It 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 ot 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. f. Evidence that the conditions imposed as part of the Conceptual.Approval Agreement have been satisfied. In the event that the FCT Recipient is a partnership, the FCT Recipient must provide FCT with the interlocal agreement that sets forth the relati~nship among tne partner. and the fiscal and management responsibilities and obligations incurred by each partner for the Project site. g. An affidavit from the FCT Recipient evidencing that after conducting a diligent search, the FCT Reci~ient, 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. Pursuant to 9K-4.011(2) (h), F.A.C., FCT shall withhold project plan approval if the local comprehensive planes) 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 stipulated settlement agreement with the Depar~ent 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. CAA/'4-032-P4A 3-10-'5 6 IV. PROJECT SITE ACQOISITIOH RBQUIREMEWTS IMPOSED BY CHAPTER 251, CHAPTER 375, A!lD CHAPTER 380, PART III, F.8. 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 agreement ~or acquisition o~ the Project Site described in Section 'III.l.a. herein, to which FCT is a party. , 2. Title to the Project Site' ahall 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 Indian River County [Hote--insert either the name of FCT Recipient or Board of Trustees o~ Internal Improvement Trust Fund. I~ 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. 5. A Grant Award Agreement containing such covenants and restrictions as referenced in Section IV.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. CAA/14-032-P4A 3-10-15 7 6. If any essential term or condition of the grant 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 Recipient 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 s~rve as security for any debt'of the FCT Recipient. 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, protec~ion and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed usea for the Project site must be specifically designated in the management plan approved by the FCT as a part of the project plan. v. OBLIGATIONS OP THB PCT RECIPIENT AS A CONDITION OP PROJECT PUHDIHa 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 a~endment to the FCT Recipient'. coaprehensive 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'. acquisition. 2. FCT Recipient shall ensure, and provide evidence thereof to FCT, tha~ all activities under this Agreement comply with all applicable local, state, regio~al 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. CAA/94-032-P4A 3-10-95 8 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 approved by the FCT as a part of thf 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. VI. OBLIGATIONS OP THE PCT RECIPIENT RELATING TO THE USE OP BOND PROCEEDS ~. FCT is ahthorized by Sections 375.045(4) and 380.5~0(7)(a) and (b), F.S., to impose conditions for funding on FCT Recipient in order to ensure that the project complies with the requireme~ts for the use of Preservation 2000 Bond proceeds including wi~hout 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 Recipi~nt 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: a. any sale or lease of any interest in the Project site to any person or organization; CAA/'4-032-P4A 3-10-'5 g b. the operation of any concession on the Project site by any person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with 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 qeneral 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." VII. D~SALLOWABLE 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 IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEQS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. CAA/g4-032-P4A 3-10-g5 10 VIII. CONDITIONS PARTICULAR TO THE PROJECT SITB THAT HUST BB ADDRESSED IH THB KANAGEKENT PLAN 1. The FCT Recipient shall provide outdoor recreational facilities including nature trails, picnic areas, a gazebo, an informational kiosk and a limited parking area on the Project Site. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the significant natural resources on the Project Site without causing harm to those resources. 2. The timing and extent ot a vegetative surve~ of vegetative communities and plant 8pe~ies on the Project Site shall be specified in the management plan. The FCT Recipient shall detail how the survey shall be used-during development of the site to insure the protection, restoration, and preservation of the natural resources on the Project site. 3. The sand pine scrub, xeric oak scrub and scrubby flatwood plant communities that exist on the Project site shall be preserved and appropriately managed to ensure the long-term viability of these vegetative communities. 4. The Project site shall be managed in a manner that optimizes habitat cohditions 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 manegement.of the Project Site for the protection of listed species and listed species ha~itat. 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, particularly the gopher tortoise. 5. The FCT Recipient shall work in conjunction with the Florida'Came 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 Xndian River County. 6. The FCT Recipient shall remove invasive exotic vegetation from Project Site and replant with native vegetative species. 7. Prior to the commencement ot any proposed gevelopment activities, measures will be taken to determine the presence of any arcaaeological sites. All planned activities'involving known archaeological sites or potential site areas shall be closely coordinated with the Department ot State, Division ot Historic CAA/,4-032-P4A 3~10-95 11 Resources, in order to prevent the disturbance ot aignificant sites. 8. The FCT Recipient shall ensure that the Project Site and listed animal species and their habitat are auttici~ntly butfered from the adverse impacta of adjacent land uses'. 9. A vegetative analysis ot the Project Site ahall be performed to determine which areas ot the Project Site require mechanical clearing or a prescribed burning 'regiae iaplemented to maintain natural fire-dependent vegetative communities. The FCT Recipient shall coordinate with ~e Diviaion ot Forestry and the Game and Fresh Water Fish Commission on the development ot a prescribed burn plan for the Project Site. . 10. The FCT Recipient shall remove trash and debris from the Project Site. 11. The FCT Recipient shall remove and restrict teral and domestic animals from the Project Site. . 12. Access to the Project Site by pedestrians and bicyclists shall be promoted as an alternative to automobile access. , 13. The FCT Recipient shall secure the Project Site from unauthorized uses. 14. The requirements imposed by other grant program funds that may be sought by the FeT Recipient for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. CAA/94-032-P4A 3-10-95 12 This Agreement including Exhibits "B" and "e" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. :~t:r:~ r ur . l.r on Title: Mayor Date: 5/30/95 Accepted as 0 Form and Legal SUffiCien~: ~' 4 7j!dL Date: -~~ r~ Accepted as to.Form and Legal Sufficiency: C.~. O'k Clifton A. McClelland, Jr. Date: 5/30/95 City Attorney A TEST: ,J , i~ Date: '/'- /7- 5'.s- Accepted as to Form and Legal SUfaz -....e""" P. ~~ ""',.,y ...,..,.IL)f Date: '-I-.~- Cj ~- . CAA/94-032-P4A 3-10-95 13 SEBASTIAN SCRUB CONSERVATION AREA I},DEX OF CONDITIONS OF THE CONCEPTUAL APPROVAL AGREEMENT TO THE MANAGEMENT PLAN 1. Recipient shall provide outdoor recreation facilities: Section III-B 2. Timing and extent of vegetative surveys; Recipient shall detail how surveys will be used during development: Sectio~s III-B, IV-D, V-B, Fig. G 3. The scrub communities on site shall be preserved and appropriately managed: Sections II-A and C, V-B 4. The project site shall be managed to optimize listed species habitat; recipient shall coordinate with the GFC and FWS; recipient shall conduct periodic listed species surveys; recipient shall provide informational signs relating to listed species and habitat: Introduction, Sections I-E, II-A, III-C, IV-F, V-B, VII-B, Fig. G, Section III-B 5. Recipient shall work with GFC and FWS to implement scrub Habitat Conservation Plan: Introduction, Sections II-A, II-D 6. Recipient shall remove invasive exotic plants from the site: Sections IV-D, V-A, Fig. G 7. Archaeological sites shall be located prior to development activities; activities involving sites or potential sites shall be coordinated with Department of State: Section IV-E 8. Recipient shall ensure that project site shall be buffered from adjacent land uses: Sections II-C, IV-D, IV-F 9. Recipient shall coordinate with GFC and DOF and determine areas requiring mechanical and prescribed bum management: Sections IV-F, V-B 10. Recipient shall remove trash and debris: Section III-B 11. Recipient shall remove and restrict feral animals: Section V-A 12. Access to the site by pedestrians and bicyclists shall be promoted: Section III-B 13. Recipient shall secure site from unauthorized uses: Sections III-B, IV-B 14. Requirements of other grant programs shall not conflict with the FCT award terms and conditions: Not within scope of the management plan