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STAFF REPORT
AGENDA ITEM: Grant Award Agreement for Intracoastal Waterway Park
SUBMITTED BY: George Worley II, Community Development Director ~ y
DATE: March 2, 1999
BACKGROUND:
Attached is the Grant Award Agreement and Grant Awazd Calculation from the Florida
Communities Trust for the reimbursement of a portion of the purchase cost of the Intracoastal
Waterway Pazk (Tresca) property. The Florida Communities Trust (F.C.T.) grant is intended to
assist in acquisition of land for passive pazk or preservation uses. Because of our conservation
design of the proposed park, we qualify for a partial reimbursement of the cost of our purchase.
Based upon a wetlands delineation survey, appraisal review and review of the adopted
Management Plan, the F.C.T. has determined that we qualify for $18,762.50 in reimbursement.
This reimbursement is independent of the design and construction grants we have received from
the Florida Inland Navigation District (FIND).
RECOMMENDATION:
Authorize the Mayor to execute the Grant Awazd Agreement with the Florida
Communities Trust for reimbursement to the City of $18,762.50.
ATTACI~VIENTS:
1) Grant Awazd Agreement and Grant Award Calculation sheet
REVIEWED BY CITY MANAGER: ~ ~_~.
AGENDA ITEM NO.
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This instrument prepared by:
Ann•J. Wild
Florida •Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
CONTRACT ~
FLORIDA COMMUNITIES TRUST
P56 AWARDS 95-051-P56
GRANT AWARD AGREEMENT
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THIS AGREEMENT is entered into this _ day of , 1998,
by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a
nonregulatory agency within the State of Florida Department of
Community Affairs, and the CITY OF ATLANTIC BEACH ("FCT
Recipient"), in order to impose terms, conditions, and restrictions
on the use of the proceeds of certain bonds, hereinafter described,
and the lands acquired with such proceeds and as described in
Exhibit "A" attached hereto and made a part hereof ("Project
Site"), as shall be necessary to ensure compliance with applicable
Florida Law and federal income tax law and to otherwise implement
provisions of Chapters 253, 259, and 380, Florida Statutes.
WHEREAS, Part III Chapter 380, Florida Statutes, the Florida
Communities Trust Act, creates a nonregulatory agency within the
Department of Community Affairs, which will assist local
governments in bringing into compliance and implementing the
conservation, recreation and open space, and coastal elements of
their comprehensive plans and in otherwise conserving natural
resources and resolving land use conflicts by providing financial
assistance to local governments to carry out projects and
activities authorized by the Florida Communities Trust Act;
WHEREAS, Section 259.101(3) (c) , Florida Statutes, 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");
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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 9K-4.010 (2) (e) , 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 was acquired and the FCT Recipient has acquired title
to the Project Site and the Project Site shall be subject to 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 such covenants and restrictions 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 FCT Preservation 2000 Bond
Proceeds.
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 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
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t 2000 Revenue Bonds is not jeopardized, FCT and FCT Recipient shall
amend the Agreement accordingly.
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: City of Atlantic Beach
ATTN:
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 STATIITES.
1. If any essential
agreement is violated by the
with the knowledge of the FCT
not correct the violation
violation, fee simple title
shall be conveyed to the
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term or condition of this grant
FCT Recipient or by some third party
Recipient and the FCT Recipient does
within 30 days of notice of the
to all interest in the Project Site
Board of Trustees of the Internal
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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 the Project Site 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 resource-based public outdoor recreation which
is compatible with the conservation, protection and enhancement of
the Project Site, along with other related uses necessary for the
accomplishment of this purpose. The proposed uses for the Project
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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. If archaeological and historic sites are located on the
Project Site, the FCT Recipient shall comply with Chapter 267,
Florida Statutes. The collection of artifacts from the Project
Site or the disturbance of archaeological and historic sites on the
Project Site will be prohibited unless prior written authorization
has been obtained from the Department of State, Division of
Historical Resources.
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~~ 9. The FCT Recipient shall ensure that the Project Site is
identified as being publicly owned and operated as a passive,.
natural resource-based public outdoor recreational site in all'
signs, literature and advertising regarding the Project Site. The
FCT Recipient shall erect a sign(s) identifying the Project Site as
being open to the public and as having been purchased with funds
. from FCT and FCT Recipient.
IV. OBLIGATIONS INCIIRRED BY FCT RECIPIENT AS A RESIILT OF BOND
PROCEEDS BEING IITILIZED TO PIIRCHASE THE PROJECT BITE.
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;
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c. a sale of things attached to the Project Site to be
severed from the Project Site to a non-governmental person or
organization;
d. any change in the character or use of the Project
~. Site from that use expected at the date of~ the issuance of any
series of bonds from which the disbursement is to be made;
e. any use of the Project Site by non-governmental
persons other than in such person's capacity as a member of the
general public;
f. a management contract of the Project Site with a
non-governmental person or organization; and
g. such other activity or interest as may be specified
from time to time in writing by FCT to the FCT Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT
AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL
IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE
THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT
OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY
COMPLIED WITH BY THE CONTRACTING PARTY.
4. CONDITIONS PARTICIILAR TO THE PROJECT SITE THAT MUST BE
ADDRESSED IN THE MANAGEMENT PLAN
1. The FCT Recipient shall provide outdoor recreational
facilities including a nature trail, elevated walkways, a canoe
launch and fishing dock, interpretive signage and limited parking
on the Project Site. The facilities shall be developed in a manner
that allows the general public reasonable access for observation
and appreciation of the significant natural resources on the
Project Site without causing harm to those resources.
2. The timing and extent of a vegetative communities and
plant species survey of 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 o~f the natural resources
on the Project Site.
3. The oak hammock, pine flatwood, and saltmarsh 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 for listed wildlife species that utilize or could
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potentially utilize the Project Site, including the gopher
tortoise, gopher frog, snowy egret and other listed bird species.
The FCT Recipient shall coordinate with the Game and Freshwater
Fish Commission on the management of the Project Site for the
protection of listed species and listed species habitat. The FCT
Recipient shall also conduct periodic surveys of listed species.
• using the Project Site and develop informational signs relating to
the protection of listed animal species and their habitat.
5 . The FCT Recipient shall ensure that the Project Site and
listed animal species and their habitat are sufficiently buffered
from the adverse impacts of adjacent land uses.
6. The FCT Recipient shall restore 1 acre of the Project
Site by removing exotic vegetation and replanting with native
vegetative species.
7. Prior to the commencement of any proposed development
activities, measures will be taken to determine the presence of any
archaeological sites. All planned activities involving known
archaeological sites or potential site areas shall be closely
coordinated with the Department of State, Division of Historic
Resources, in order to prevent the disturbance of significant
sites.
8. Access to the Project Site by pedestrians, bicyclists and
persons on non-motorized vehicles shall be promoted except in those
areas where resource protection considerations warrant limiting
access.
9. The FCT Recipient shall provide educational programs at
the Project Site. The programs shall include guided tours,
seminars and other programs for school groups and the general
public.
10. The FCT Recipient shall remove all trash and debris from
the Project Site.
11. The FCT Recipient shall coordinate security, access, and
resource management issues with the with power line easement or
right-of-way holder. The FCT.Recipient in cooperation with the
easement or right-of-way holder shall pursue the restoration of a
more natural vegetative community within the utility corridor.
12. The requirements imposed by other grant program funds
that may be sought by the FCT Recipient for activities associated
with the Project Site shall not conflict with the terms and
conditions of the FCT award.
THIS GRANT AWARD AGREEMENT embodies the entire Agreement
between the parties.
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IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement.
Witness: ~ ~ CITY OF ATLANTIC BEACH,
a political subdivision .of
the State of Florida
BY:
Witness Name: Its:
Witness Name:
Date•
Accepted as to Legal Form and
Sufficiency:
Date•
STATE OF FLORIDA
~~ COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 1998, by , as
He is personally known
to me, or has produced as identification.
Notary Public
Print Name•
Commission•No.
My Commission Expires:
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Witness Name:
Witness Name:
STATE OF FLORIDA
COUNTY OF LEON
FLORIDA COMMUNITIES TRUST
Chair .
Date:
Accepted as to Legal Form and
Sufficiency:
Ann J. Wild, Trust Counsel
Date:
The foregoing instrument was acknowledged before me this
day of , 1998, , as Chair of the
Florida Communities Trust. He/She is personally known to me.
GAA\95-051-P56
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Notary Public
Print Name:
Commission No.
My Commission Expires:
10
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City of Atlantic Beach
Intracoastal Waterway Park
FCT Project #95-051-P56
FCT Contract #99-CT-3P-95-56-K1-051
Date:
GRANT AWARD CALCULATION
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TOTAL PROJECT COSTS
Land Purchase Price
Acquisition Expenses
Appraisals
Appraisal Review
Title Insurance
Total Acquisition Expenses
Total Project Costs
DRAFT
$ 230,000.00(1)
$ 2,500.00
2,000.00
2,025.00
$ 6,525.00(2)
COMPUTATION OF GRANT AWARD AND LOCAL MATCH AMOUNT
$ 236,525.00
FCT Award Computation
Share of Purchase Price $ 17,500.00(1)
Share of Acquisition Expenses 3,262.50
Total Share of Project Costs $ 20,?62.50(3)
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City
Share of Purchase Price $ 212,500.00(1)
Share of Acquisition Expenses 3,262.50
Total Share of Project Costs $215,762.50
Total Project Costs § 236,525.00
COMPUTATION OF PREPAIDS, REIMBURSEMENTS AND ADDITIONAL COSTS
FLORIDA COMMUNITIES TRUST
FCT Prepaid Project Costs
Appraisal Review $_ 2,000.00
Total Prepaid Costs $ 2,000.00
FCT Amount Due
Share of Total Project Costs $ 20,762.50
Less Total Prepaid Costs _ 2,000.00
Total Amount Due from FCT $ 18,762.50
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City of Atlantic Beach
Intracoastal Waterway
FCT Project #95-051-P5
FCT Contract ##99-CT-3P
Date:
Page 2
CITY OF ATLANTIC BEACH
Park
6
-95-56-K1-051 DRAFT
City Prepaid Project Costs
Land Purchase Price $ 230,000.00(1)
Appraisals 2,500.00
Title Insurance 2,025.00
Total Prepaid Costs $ 234,525.00
City Additional Costs
Record Grant Award Agreement $ 55.50(4)
Total Additional Costs ~$ 55.50
City Amount Due
City Share of Land Purchase Price $212,500.00
City Share of Acquisition Expenses 3,262.50
Less City Prepaids 234,525.00
Total Amount Due To City § 18,762.50
Notes:
~' (1) The Maximum Approved Purchase Price is $35,000.00 pursuant to memorandum
dated April 3, 1998, from Kurt Schoenrock to Caroline Sutton. The City acquired
the property on November 21, 1998, at a price of $230, 000.00. FCT recognizes the
land cost for reimbursement at the Maximum Approved Purchase Price.
(2) Pursuant to the terms of the option agreement the Seller paid the cost of
Survey. The City of Jacksonville paid the cost of the Environmental Site
Assessment.
(3) Pursuant to the terms of the Conceptual Approval Agreement, the amount of
the grant shall be the lesser of $119,666.10 or 50$ of the total project costs.
(4) Disbursed to Clerk of the Court, Duval County, at time of reimbursement from
FCT.
The foregoing calculation of grant award and total project costs is hereby
approved by the undersigned. .
CITY OF ATLANTIC BEACH
By:
Its:
Date:
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FLORIDA COMMUNITIES TRUST
James F. Murley, Chair
Date:
ESHIBIT ~~A~~
Blocks 1, 2; 3, 4, 92 , 93, 94, 95 and 96, SECTION~H,
ATLANTIC BEACH, according to plat thereof as recorded in
Plat Book 18,'Page 34, of the current public records of
Duval County, Florida; together with that part of the
Castro Y Ferrer Grant, Section 38, Township 2 South,
Range 29 East, Atlantic Beach, Florida, said part being
more particularly described as follows:
That portion of said grant bounded on the north by a
straight extension westerly of the north line of Block 93
of Section H, Atlantic Beach, as shown on plat recorded
in Plat Book 18, page 34, of said county records, and
bounded on the west by the United States government
meander line of said Ferrer Grant, as shown on said plat
right of way line of Atlantic Boulevard, and bounded on
the East by Blocks 1, 2, 3 and 4, and 93, of said Section
H, Atlantic Beach. Also being bounded on the east by the
west end of an indicated street, located between
aforesaid Blocks 1 and 93.
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