Exh 8CAgenda #xC
October 9, 2000
CITY OF ATLANTIC BEACH
CITX COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Authorize the Mayor to execute Grant Award Agreement with
Florida Communities Trust
SUBMITTED BY: Timmy Johnson, Recreation Director
DATE: October 2, 2000
BACKGROUND: The City Commission previously endorsed partnering with the City
of Jacksonville for the purchase of the Dutton Island Phase II, also
known as the Centex Property, The City of Jacksonville filed a
grant application with Florida Communities Trust for the purchase
of the property and the City of Atlantic Beach is listed as Co-
applicant.
Once the agreement is signed by the City of Atlantic Beach, it will
be returned to the City of Jacksonville for further processing.
RECOMMENDATION: Authorize the Mayor to execute a Grant Award Agreement with
Florida Communities Trust
ATTACHMENTS: Florida Communities Trust Grant Awazd Agreement
REVIEWED BY CITY MAN
Agenda #SC
October 9, 2000
This document prepared by:
Ann J. Wild
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
FLORIDA COMMUNITIES TRUST
P9A AWARD# 99-018-P9A
FCT Contract#
GRANT AAARD
THIS AGREEMENT is entered into this day of ,
by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a
nonregulatory agency within the State of Florida Department of
Community Affairs, and CITY OF JACKSONVILLE and CITY OF ATLANTIC
BEACH, municipalities within Duval County, Florida("FCT
Recipient"), in order to impose terms, conditions, and'
restrictions on the use of the proceeds of certain bonds,
hereinafter described, and the lands acquired with such proceeds
and as described in Exhibit "A" attached hereto and made apart
hereof ("Project Site!'), as shall be necessary to ensure
compliance with applicable Florida Law and federal income tax law
and to otherwise implement provisions of Chapters 253, 259, and
380, Florida Statutes.
WHEREAS, Part III Chapter 380, Florida Statutes, the Florida
Communities Trust Act, creates a nonregulatory agency within the
Department of Community Affairs, which will assist local
governments in bringing into compliance and implementing the
conservation, recreation and open space, and. coastal elements of
their comprehensive plans and in otherwise conserving natural
resources and resolving land use conflicts by providing financial
assistance to local governments to carry out projects and
activities authorized by the Florida Communities Trust Act;
WHEREAS, Section 1 of the Florida Preservation 2000 Act
provides for the distribution of ten percent (10%) of the net
Preservation 2000 Revenue Bond proceeds to the Department of
Community Affairs to provide land acquisition grants and loans to
local governments through the FCT;
WHEREAS, the Governor and Cabinet authorized the sale and
issuance of State of Florida Department of Natural Resources
Preservation 2000 Revenue Bonds ("Bonds");
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning
that the interest on the Bonds is excluded from the gross income
of Bondholders for federal income tax purposes;
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October 9, 2000
WHEREAS, Rule 9K-4.010(2)(f), F.A.C., authorizes FCT to
impose conditions for funding on those FCT applicants whose
projects have been selected for funding in accordance with Rule
Chapter 9K-4, F.A.C.;
WHEREAS, the FCT has approved the terms under which the
Project Site is acquired and the deed whereby the FCT Recipient
acquires title to the Project Site shall contain such covenants
and restrictions as are sufficient to ensure that the use of the
Project Site at all times complies with Section 375.051, Florida
Statutes and Section 9, Article XII of the State Constitution and
shall contain clauses providing for the conveyance of title to
the Project Site to the Board of Trustees of the Internal
Improvement Trust Fund upon the failure of the FCT Recipient to
use the Project Site acquired thereby for such purposes; and
WHEREAS, such covenants and restrictions shall be imposed by
an agreement which shall describe with particularity the real
property which is subject to the agreement and shall be recorded.
in the county in which the real property is located; and
WHEREAS, the purpose of this Agreement is to set forth the
covenants and restrictions that are imposed on the Project Site
subsequent to its acquisition with the FCT Preservation 2000 Bond
award.
NOW THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and FCT Recipient do hereby contract and agree
as follows:
I. GENERAL CONDITIONS.
1. Upon execution and delivery by the parties hereto, the
FCT Recipient shall cause this Agreement to be recorded and filed
in the official public records of Duval County, Florida, and
referenced by the warranty deed vesting fee simple title to the
Project Site in the FCT Recipient, and in such manner and in such
other places as FCT may reasonably request, and shall pay all
fees and charges incurred in connection therewith.
2. The FCT Recipient and FCT agree that the State of
Florida Department of Environmental Protection will forward this
Agreement to Department of Environmental Protection Bond Counsel
for review. In the event Bond Counsel opines that an amendment
is required to this Agreement so that the tax exempt status of
the Preservation 2000 Bonds is not jeopardized, FCT and FCT
Recipient shall amend the Agreement accordingly.
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October 9, 2000
3. This Agreement may be amended at any time. Any
amendment must be set forth in a written instrument and agreed to
by both the FCT Recipient and FCT.
4. This Agreement and the covenants and restrictions
contained herein shall run with the Property herein described and
shall bind, and the benefits shall inure to, respectively, the
FCT and the FCT Recipient and their respective successors and
assigns.
5. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida, with respect to
both substantive rights and with respect to procedures and
remedies.
6. Any notice required to be given hereunder shall be given
by personal delivery, by registered mail or by registered
expedited service at the addresses specified below or at such
other addresses as may be specified in writing by the parties
hereto, and any such notice shall be deemed received on the date
of delivery if by personal delivery or expedited delivery
service, or upon actual receipt if sent by registered mail.
FCT: Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
ATTN: Executive Director
FCT Recipient:
ATTN:
FCT Recipient:
7. If any provision of the Agreement shall be invalid,
illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way
be affected or impaired.
II. PROJECT SITE REQIIIREMENTS IMPOSED BY CHAPTER 259, CHAPTER
375, AND CHAPTER 380, PART III, FLORIDA STATUTES.
1. If any essential term or condition of this grant
agreement is violated by the FCT Recipient or by some third party
with the knowledge of the FCT Recipient and the FCT Recipient
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October 9, 2000
does not correct the violation within 30 days of notice of the
violation, fee simple title to all interest in the Project Site
shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The FCT shall treat such property in
accordance with Section 380.508(4)(e), Florida Statutes.
2. Any transfer of the Project Site shall be subject to the
approval of FCT and FCT shall enter into a new agreement with the
transferee, containing such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the
people of Florida.
3. The interest, if any, acquired by the FCT Recipient in the
Project Site will not serve as security for any debt of the FCT
Recipient unless FCT approves the transaction.
4. If the existence of the FCT Recipient terminates for any
reason, title to all interest in real property it has acquired
with the FCT award shall be conveyed to the Board of Trustees of
the Internal Improvement Trust Fund, unless FCT negotiates an
agreement with another local government or nonprofit organization
which agrees to accept title to all interest in and to manage the
Project Site.
5. In the event that the Project Site is damaged or
destroyed or title to the Project Site, or any part thereof, is
taken by any governmental body through the exercise or the threat
of the exercise of the power of eminent domain, the FCT Recipient
shall deposit with the FCT any insurance proceeds or any
condemnation award, and shall promptly commence to rebuild,
replace, repair or restore the Project Site in such manner as is
consistent with the Agreement. The FCT shall make any such
insurance proceeds or condemnation award moneys available to
provide funds for such restoration work. In the event that the
FCT Recipient fails to commence or to complete the rebuilding,
repair, replacement or restoration of the Project Site after
notice from the FCT, the FCT shall have the right, in addition to
any other remedies at law or in equity, to repair, restore,
rebuild or replace the Project Site so as to prevent the
occurrence of a default hereunder. Notwithstanding any of the
foregoing, FCT will have the right to seek specific performance
of any of the covenants and restrictions of this Agreement
concerning the construction and operation of the Project Site.
III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT
RECIPIENT.
1. The Project Site shall be managed only for the
conservation, protection and enhancement of natural and
historical resources and for passive, natural resource-based
public outdoor recreation which is compatible with the
conservation, protection and enhancement of the Project Site,
along with other related uses necessary for the accomplishment of
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October 9, 2000
this purpose. The proposed uses for the Project Site are
specifically designated in the Project Plan as approved by FCT.
2. The FCT Recipient shall prepare and submit to FCT an
annual report as required by Rule 9K-4.013, F.A.C.
3. The FCT Recipient shall ensure that the future land use
designation assigned to the Project Site is for a category
dedicated to open space, conservation, or outdoor recreation uses
as appropriate. If an amendment to the FCT Recipient's
comprehensive plan is required to comply with this paragraph, the
amendment shall be proposed at the next comprehensive plan
amendment cycle available to the FCT Recipient.
4. FCT Recipient shall ensure, and provide evidence
thereof to FCT, that all activities under this Agreement comply
with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the adopted and
approved comprehensive plan for the jurisdiction as applicable.
Evidence shall be provided to FCT that all required licenses and
permits have been obtained prior to the commencement of any
construction.
5. The FCT Recipient shall, through its agents and
employees, prevent the unauthorized use of the Project Site or
any use thereof not in conformity with the FCT approved Project
Plan.
6. FCT staff or its duly authorized representatives shall
have the right at any time to inspect the Project Site and the
operations of the FCT Recipient at the Project Site.
7. All buildings, structures, improvements, and signs
shall require the prior written approval of FCT as to purpose.
Further, tree removal, other than non-native species, and/or
major land alterations shall require the written approval of FCT.
The approvals required from FCT shall not be unreasonably with-
held by FCT upon sufficient demonstration that the proposed
structures, buildings, improvements, signs, vegetation removal or
land alterations will not adversely impact the natural resources
of the Project Site. The approval by FCT of the FCT Recipient's
management plan addressing the items mentioned herein shall be
considered written approval from FCT.
8. Zf archaeological and historic sites are located on the
Project Site, the FCT Recipient shall comply with Chapter 267,
Florida Statutes. The collection of artifacts from the Project
Site or the disturbance of archaeological and historic sites on
the Project -Site will be prohibited unless prior written
authorization has been obtained from the Department of State,
Division of Historical Resources.
9. The FCT Recipient shall ensure that the Project Site is
identified as being publicly owned and operated as a passive,
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October 9, 2000
natural resource-based public outdoor recreational site in all
signs, literature and advertising regarding the Project Site.
The FCT Recipient shall erect a sign(s) identifying the Project
Site as being open to the public and as having been purchased
with funds from FCT and FCT Recipient.
IV. OBLIGATIONS ZNCIIRRED BY FCT RECIPIENT AS A RESIILT OF BOND
PROCEEDS BEING IITILIZED TO PIIRCBASE TBE PROJECT SITE.
1. If the Project Site is to remain subject, after its
acquisition by the State and the FCT Recipient, to any of the
below listed activities or interests, the FCT Recipient shall
provide at least 60 days written notice of any such activity or
interest to FCT prior to the activity taking place, and shall
provide to FCT such information with respect thereto as FCT
reasonably requests in order to evaluate the legal and tax con-
sequences of such activity or interest:
a. any lease of any interest in the Project Site to a
non-governmental person or organization;
b. the operation of any concession on the Project
Site to a non-governmental person or organization;
c. any sales contract or option to buy things
attached to the Project Site to be severed from the Project Site,
with a non-governmental person or organization;
d. any use of the Project Site by non-governmental
persons other than in such person's capacity as a member of the
general public;
e. a management contract of the Project Site with a
non-governmental person or organization; and
f. such other activity or interest as may be
specified from time to time in writing by FCT to the FCT
Recipient.
2. FCT Recipient agrees and acknowledges that the
following transaction, events, and circumstances may not be
permitted on the Project Site as they may have negative legal and
tax consequences under Florida law and federal income tax law:
a. a sale of the Project Site or a lease of the
Project Site to a non-governmental person or organization;
b. the operation of a concession on the Project Site
by a non-governmental person or organization;
c. a sale of things attached to the Project Site to
be severed from the Project Site to a non-governmental person or
organization;
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d. any change in the character or use of the Project
Site from that use expected at the date of the issuance of any
series of bonds from which the disbursement is to be made;
e. any use of the Project Site by non-governmental
persons other than in such person's capacity as a member of the
general public;
f. a management contract of the Project Site with a
non-governmental person or organization; and
g. such other activity or interest as may be
specified from time to time in writing by FCT to the FCT
Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT
RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES,
OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT
SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE
RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON
THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO
ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE
CONTRACTING PARTY.
V. CONDITIONS THAT ARE PARTICULAR TO THE PROJECT SITE AS A
RESULT OF THE FCT APPROVED MANAGEMENT PLAN.
1. Outdoor recreational facilities including nature trails, a
picnic area, canoe launch, an unpaved parking area and
interpretive displays shall be provided. The facilities shall be
developed in a manner that allows the general public reasonable
access for observation and appreciation of the natural resources
on the project site without causing harm to those resources.
2. A permanent recognition sign shall be maintained in the
entrance area of the project site. The sign shall acknowledge
that the project site is open to the public and was purchased
with funds from the Florida Communities Trust Preservation 2000
Program. Such recognition shall also be included in all printed
literature and advertising associated with the project site.
3. A survey of the vegetative communities and plant species
on the project site shall be conducted. The survey shall be used
during development of the site to ensure the protection,
restoration, and preservation of the native vegetation on the
project site
4. The native forest and saltmarsh communities that occur on
the project site shall be preserved and appropriately managed to
ensure the long-term viability of these vegetative communities.
5. The project site shall be managed in a manner that
protects and enhances habitat for listed wildlife species that
utilize or could potentially utilize the project site, including
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October 9, 2000
the manatee and wading and shore birds. Development of the
management plan shall be coordinated with the Florida Fish and
Wildlife Conservation Commission for the protection of listed
species and listed species habitat. Periodic surveys of listed
species using the project site shall be conducted to ensure the
protection of listed animal species and their habitat.
6. Adjacent development activities shall be monitored
through the development review and approval process to ensure
that such activities do not negatively effect the resources on
the project site. Measures such as vegetated buffers, site
design and height limitations shall be implemented as necessary
to ensure that resources and planned outdoor recreation
activities on the project site are sufficiently protected from
the adverse impacts of adjacent land uses.
7. At least 1.5 acres on the project site shall be restored
or enhanced to a natural vegetative community in terms of
biological composition and ecological function.
8. The development and management of the project site shall
be coordinated with the agencies managing conservation lands in
the Intracoastal Waterway corridor, to ensure the project site is
protected and managed as part of linked conservation lands and
recreation opportunities.
9. An archaeological and historical resources survey shall
be conducted on the project site prior to any land clearing or
development activity on the site. All planned activities
involving identified archaeological or historical sites shall be
closely coordinated with the Department of State, Division of
Historic Resources in order to prevent the disturbance of
significant sites. A protection plan shall be developed and
implemented in conjunction with the Division of Historic
Resources for the protection of any identified archaeological or
historic sites located on the project site.
10. Site development shall ensure that the location and
design of facilities shall have minimal impacts on natural
resources, including listed animal species and their habitat.
Existing disturbed areas within the project site shall be
utilized to the greatest extent possible when locating proposed
improvements.
11. No motorized .boating facilities shall be provided at
the project site. The management plan shall include provisions
to prohibit motorized water craft within the riparian area to
ensure protection of manatee habitat.
12. Pedestrian and bicycle access to the project site shall
be promoted as an alternative to automobile transportation by
providing pedestrian walkways and bicycle parking stands.
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13. The parking area shall incorporate pervious material
wherever feasible and on-site stormwater treatment.
14. The requirements imposed by other grant program funds
that may be sought for activities associated with the .project
site shall not conflict with the terms and conditions of this
award.
THIS GRANT AWARD AGREEMENT embodies the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement.
Witness:
Print Name:
Print Name:
CITY OF JACKSONVILLE
BY:
Its:
Date:
Attest•
Clerk
Accepted as to Leqal Form and
Sufficiency:
Date:
GAA\99-018-P9A
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Agenda #8C
October 9, 2000
Witness:
Print Name:
Print Name:
Print Name:
Print.Name•
GAA\99-018-P9A
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CITY OF ATLANTIC BEACH
BY: _
Its:
Date:
Attest•
Clerk
Accepted as to Legal Form and
Sufficiency:
Date:
FLORIDA COMMUNITIES TRUST
Ralph Cantral
Acting Executive Director
Date:
Accepted as to Legal Form and
Sufficiency:
Ann J. Wild, Trust Counsel
Date:
10
Agenda #8C
October 9, 2000
STATE OF FLORIDA
COUNTY OF LEON
The foreg ing i strument was acknowledged before me this
/(~ day of , 200 ~ by RALPH CANTRAL, as Acting
Executive Dire for of the Florida Communities Trust. He is
personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
STATE OF FLORIDA
COUNTY OF u V
The fore oing instrument was acknowledged before me this
day o f ~LIJ~ Cr ¢~dd~ by T h ~ _,
as nr'. ~i a~r Qi'kSmt~r[/~_ He She is personall known to
me . Tr .aa~~_. ~ „ r~u~,.
~o"coyer 23 -'a9 : '.
: F e~¢ ~~o N'.
NCCT78085 ~ a
STATE OF FLORIDA
COUNTY OF
as
me.
The foregoing instrument was
day of ,
Print Name: ~~
Commission No
My Commission
acknowledged before me this
by ,
He\She is personally known to
Notary Public
Print Name•
Commission No.
My Commission Expires:
GAA\99-018-P9A
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Agenda #8C
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