Loading...
Exh 8HR {' AGENDA ITEM NO. Q DATE: ~ Z `" ~~' " 9 Q CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Authorize Mayor to sign Conceptual Approval Agreement for Florida Communities Trust Grant to acquire the Centex Property SUBMITTED BY: George Worley, Community Development Director ~~ ,r DATE: December 8, 1999 BACKGROUND: Attached is the Conceptual Approval Agreement between the City of Jacksonville, the City of Atlantic Beach and the Florida Communities Trust for the purchase of Dutton Island Intra coastal Waterway Park Expansion (Centex Property). This is the same type of agreement that was approved for the acquisition of Tideview Park and Dutton Island in the past. This agreement must be completed by both cities and forwarded to the Florida Communities Trust as the next step in obtaining the Preservation 2000 grant funds which have been awarded for this project. By the language in the grant application submitted along with the City of Jacksonville, both they and the City of Atlantic Beach, are the "Recipient" of the grant. This agreement binds the City of Atlantic Beach to the eventual use of the property proposed in the application and specified in this agreement. Of particular note are the need to designate a Key Contact person and the specific project site conditions. The City Manager has indicated that it is his desire to appoint David Thompson as the Key Contact person because of his involvement with the design and development of Dutton Island. Timmy Johnson will be the alternate contact. Regarding the project specific grant condi~ions, please take note of those listed, starting on page 14 of the Conceptual Approval Agreement. BUDGET No immediate financial impact wilt occur tc the City. However, as a part of the joint grant application the City of Atlantic Beach agreed to "guarantee" the management of the property and to assist in the development of the property as a conservation park by performing up to 10% of the development. A perpetual park use deed restriction was also required . The Long term cost to the city for on-going maintenance has not been determined at this time. The level of development of this property will be lower (containing fewer amenities such as buildings) than the Dutton Island Pazk development, however it will provide additional parking that could create a maintenance issue involving the surfacing materials. Additional information about on-going maintenance must be developed as the park design plans are developed. 5 RECOMMENDATION: Authorize the Mayor to execute the Conceptual Approval Agreement for the acquisition of the Dutton Island Intra coastal Waterway Park Expansion property. ATTACHIvIENTS: 1) Conceptual Approval Agreement for Dutton Island Park Expansion 2) Minutes of the Special Called City Commission Meeting of May 12, 1999 REVIEWED BY CITY MANAGER: W x H EXPERTS 851 North Market Street, Jacksonville, FL 32202 Memo T« George Worley City of Atlantic Beach Frorre shorty ~Yierritt Planning and Gran oor inator Dates 12/07/99 Re: Legislation for Dutton lsiand t=CT acquisition Please initiate the process to get the attached Conceptual Approval Agreement signed as indicated by January 4, 2000. Thank you • Page 1 i ~'.I,,-,. ~~,, r:-: ; ~ . ::~ - ~- wz_ ~ll®7I°Ii~ll~tl. ~®~~~,11~1i I1~11~~ J.fII°~1~~ December 3, 1999 Ms. Shorty Robbins Merritt Recreation and Grants Coordinator Department of Parks, Recreation and Entertainment City of Jacksonville 851 North Market Street Jacksonville, FL 32202-2798 , RE: FCT Project Number 99-018-P9A Dutton Island Intracoastal Waterway Park Expansion City ofJacksonville/City of Atlantic Beach Dear Ms. Merritt: At its meeting on November 30, 1999 the governing board of the Florida Communities Trust (FCT) approved the Conceptual Approval Agreement (CAA) for the referenced project. Original copies of the document are enclosed with this letter, as well as original copies of the Confiden- tiality Agreement. The original documents are now ready for execution; first by the local government grant recipient, then by FCT. A schedule of important dates and deadlines is enclosed to assist you in tracking milestones for the P9A cycle. Please refer to Section I, paragraph 1, of the CAA for guidance in preparing and returning executed copies of the original documents to FCT for final execution. The specified deadline of January 14, 2000 for return of the executed documents to FCT is critical. Take immediate action to ensure that required approvals and authorizations are in place so that you can prepare and return the executed originals as soon as possible, and no later than the required January 14, 2000 deadline. Before executing the documents, please compare this final CAA with the draft agreement mailed to you on November 1, 1999. A review of all instructions in the draft agreement cover letter, and in this letter, is recommended before executing the documents. In addition to preparing and returning executed originals of the CAA on or before January 14, 2000, the following items also have the submittal deadline of January 14, 2000: Executed originals of the Confidentiality Agreement as required by Section II, DEPARTMENT OF COMMUNITY AFFAIRS • 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 8501922-2207 • SurrCoM 292-2207 • FAX 850/921-1747 ~ 3 Ms. Shorty Robbins Memtt December 3, 1999 Page 2 paragraph 4, of the CAA - Willing owner statements from project site property owners as required by Section II, paragraph 3. Notice of Conceptual Approval The Trust has filed a Notice of Conceptual Approval, which will appear in the December 17, 1999 issue of the Florida Administrative Weekly, in compliance with the requirements of Ruie 9K-4.010(2)(g) & (h), which states the following: (g) At the conclusion of the meeting for conceptual approval of applications, those applications selected for funding pursuant to the provisions of this part will be considered to have received conceptual approval for funding. The Trust shall publish a Notice of Conceptual Approval in the Florida Administrative Weekly that shall list all applications considered, whether the application has received conceptual approval or not, and the amount of funding conceptually approved for each applicant. (h) Any person with substantial interests that are or maybe determined by the con- ceptual approval of funds for projects by the Trust may request an administrative proceeding pursuant to Section 120.57, Florida Statutes, within 21 days of publication of the Notice of Conceptual Approval. Please begin the process of executing the agreements immediately. If you have any questions regarding the agreement, contact Ann Wild, Trust Counsel, at 850/488-0410. Sincerely, Ralph Cantral Acting Executive Director RC:jd Enclosures: Originals of Conceptual Approval Agreement for execution [Includes Exhibit A, if required, Exhibit B, and Exhibit C] Originals of Confidentiality Agreement for execution P9A Funding Cycle Important Dates and Deadlines Notice of Conceptual Approval -Florida Administrative Weekly FCT Contract Number 00-CT-A7-99-9A-A1-018 FLORIDA COMMUNITIES TRUST P9A Award Number 99-018-P9A DUTTON ISLA1~tD INTRACOASTAL WATERWAY PARK EXPANSION CONCEPTUAL APPROVAL AGREEMENT THIS AGREEMENT is entered into on ,the date the last party executes this Agreement, by and between the FLORIDA C011~MUNTI'IES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and CITY OF JACKSONVILLE and CITY OF ATLANTIC BEACH (Recipient), a local government of the State of Florida. The intent of this Agreement is 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), that are 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 nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing Iocal comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal management 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 (10%) less certain reductions of the net Preservation 2000 Revenue Bond proceeds to the Department to provide land acquisition grants and loans to local governments through the FCT; WHEREAS, the Governor and Cabinet have annually authorized the sale and issuance of State of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds (Bonds); and Bonds have been annually sold, thereby producing revenues for distribution according to Section 259.101(3)(c), F.S.; WHEREAS, the Bonds are issued astax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; . Funded/Partial Preacquired/99-018-P9A 11!30/1999 FINAL WHEREAS, Rule Chapter 9K-4, Florida Administrative Code (F.A.C.), describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department from the Preservation 2000 Trust Fund; WHEREAS, the FCT Governing Body met on September 23, 1999, to score, rank and select projects that were to receive conceptual approval for funding; WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding and in accordance with Rule Chapter 9K-4, F:A.C., and more particularly described within this Agreement; WHEREAS, Rule 9K-4.010(2)(f), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, Rule 9K-4.0031(9) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the project site as an eligible source of local match, provided that real property owned by the Recipient has been acquired by the Recipient within one year prior to the application deadline or within 180 days after the application deadline for which the application was made. The date of this application deadline was June 02, 1999; WHEREAS, the Recipient acquired the fee simple title to Parcel(s) of the project site on from (Insert name(sJ); (Insert date(s]) WHEREAS, the purpose of this Agreement is to set forth the conditions of conceptual approval that must be satisfied by Recipient prior to the disbursement of any FCT Preservation 2000 funds awarded, as well as the restrictions that are imposed on the project site subsequent to its acquisition with the FCT Preservation 2000 Series Bond proceeds. NOW THEREFORE, FCT and Recipient mutually agree as follows: I. GENERAL CONDITIOii1S 1. At Least two original copies of this Agreement shall be executed by Recipient and returned to the FCT office at 255 Shumard Oak Boulevard, Tallahassee, FL 32399-2100 as soon as possible and before January 14, 2000. If the Recipient requires more than one original document, the Recipient should photocopy the number of additional copies needed, and then execute each as an original document. Upon receipt of the signed Agreements by FCT, FCT will execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. Funded/Partial Preacquired/99-018-P9A 11 /30/1999 FINAL 2 2. The name Conceptual Approval Agreement is used to indicate that the project has been approved as a concept that was described in FCT application number 99-018-P9A. Since the entire project site has not yet been negotiated for acquisition, some elements of the project are not yet known, such as the total purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. The Conceptual Approval Agreement is in every respect a grant contract between the parties. The Agreement describes activities that will be conducted both prior and subsequent to acquisition of the project site, described in the application that was submitted and selected for-funding by the FCT. 3. Conceptual approval for funding shall be until August 30, 2000. The FCT expects that, because the project site was partially preacquired by the Recipient and substantial work has already been done, the project will be fully completed by August 30, 2000. In the event the project has not been completed in full by August 30, 2000, the Conceptual Approval Agreement must be extended in order that the grant will remain in effect. In advance of the August 30, 2000, date and in sufficient time before a meeting of the FCT Governing Body that would allow approval of an extension to this Agreement before its expiration, the Recipient must request a written extension to the Conceptual Approval Agreement for project continuation in compliance with Rule 9K-4.010(2)(j), F.A.C. If the Recipient does not request an extension, or if an extension is not granted to the Recipient by the FCT Governing Body, the Preservation 2000 award granted to the Recipient by the FCT Governing Body shall terminate and all obligations hereunder shall cease. Based upon the Florida Legislature's ongoing oversight of the rate of expenditure of funds, and the impact on future funding if expenditures do not timely occur, the FCT requires that the project be completed as soon as possible after project selection. 4. Extensions to this Agreement, described in paragraph 3 above, shall not exceed 24 months from the date the Agreement was approved by the FCT, except as described in this paragraph. In compliance with Section 380.510(f), F.S., if the project is not concluded by November 30, 2001, the project shall only be extended if the FCT Governing Body determines that a request for additional time to complete the project is warranted based upon Recipient's demonstration that significant progress is being made toward closing the project or that extenuating circumstances warrant an extension of time. 5. This Agreement maybe terminated before its expiration at the written request of the Recipient. Such a request shall fully describe the circumstances that compel the Recipient to terminate the project. A request for termination should be mailed to the offices of the FCT at the address given in paragraph 1 above. The request for termination will be placed on the agenda of the next regularly scheduled meeting of the FCT Governing Body for concurrence by the FCT. The termination shall be acknowledged by the FCT in a letter to the Recipient. Circumstances may arise that, in the analysis of the FCT, warrant termination of the project before its completion. In such an event, the FCT will advise the Recipient of its analysis Funded/Partial Preacquired/99-018-P9A 11/30/1999 FINAL 3 and will confer with the Recipient on continuation of the project. If the Recipient concurs, a request for termination will be considered at the next regularly scheduled meeting of the FCT Governing Body. 6. Recipient agrees to make diligent efforts to submit the documentation required in this Agreement to FCT as soon as is reasonably possible so that the project site costs may be acquired and reimbursed in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines, whether stated in this Agreement or associated with meetings of the FCT Governing Body, may result in delays in the project, may result in allocation of time or resources to other recipients that responded timely, and may result in this Agreement being voidable. It is the responsibility of the Recipient to know all project deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. 7. The FCT Preservation 2000 award granted to the Recipient will in no event exceed the lesser of Fifty Percent (50.00%) of the final total project costs, as defined in Rule 9K-4.002(30), F.A.C., or One Million Three Hundred Ninety-Two Thousand Twenty-Five Dollars And No Cents ($1,392,025.00), unless the FCT Governing Body approves a different amount, which shall be reflected in an addendum to this Agreement. 8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate of total project costs in application number 99-018-P9A, as well as limits on awards in the Notice of Application Period announcing the application cycle. When disbursing funds for the project, the FCT will recognize the actual total project costs, defined in Rule 9K-4.002(31), F.A.C., for acquisition of the project site. The total project costs will be reflected on a grant reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the actual purchase price, or the Maximum Approved Purchase Price based on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is less, and multiplied by the percent stated in paragraph 7 above. 9. The FCT Governing Body has given conceptual approval for funding to acquire the entire project site identified in the Recipient's application number 99-018-P9A. The FCT Governing Body reserves the right to withdraw the FCT award if the acreage that comprises the project site is reduced so that the objectives of the acquisition cannot be achieved. Request for modification of the boundary of the project site identified in the Recipient's application number 99-018-P9A may be considered by the FCT Governing Body following the procedures for submission and review of boundary modification requests set forth in Rule 9K-4.0105, F.A.C. If the project site is comprised of multiple parcels, an acquisition plan was required in the application. The FCT Governing Body reserves the right to withdraw the FCT award if the priority parcel(s), identified in the acquisition plan prepared pursuant to Rule 9K-4.004(5)(8), Funded/Partial Preacquired/99-018-P9A 11/30/1999 FWAL 4 F.A.C., included in application number 99-018-P9A, incorporated by reference herein and attached as Exhibit "A," cannot be acquired. Approval of the Conceptual Approval Agreement shall constitute approval of theacquisition plan by FCT. 10. The FCT funds shall be delivered either in the form of eligible project costs prepaid by FCT to vendors, Seller(s) or Seller's(s') designated agent, or in the form of a State of Florida warrant to the Recipient. FCT award funds shall only be delivered after FCT approval of the project plan for jointly acquired parcels, or approval of terms of the acquisition of the project site parcel(s) that was preacquired. If the project site is comprised of multiple parcels, FCT shall deliver only the share of the FCT award that corresponds to the parcel that is closing or for which reimbursement is being made. FCT will prepare a grant reconciliation statement prior to the reimbursement that will evidence the amount of local match, if any is required, provided by the Recipient and the portion of the FCT award that corresponds to the parcel being closed or reimbursed. Cash expended by the FCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 11. The Recipient's local match, if any is required, shall be delivered either in the form of eligible project costs prepaid to vendors'by the Recipient; purchase price paid to Seller; or eligible documented donation by Seller of land value. If the project site is comprised of multiple parcels, the FCT shall only recognize the eligible project costs that correspond to the parcel being closed or reimbursed. The cash expended by the Recipient for eligible project costs incurred by the Recipient will be recognized as part of the local match, if any is required, on the grant reconciliation statement prepared pursuant to paragraph 10 above. In the event Recipient's - application number 99-018-P9A represents that land preacquired or land value donated by the Seller is the source of local match, if any is required, the value attributed to the land value local match for reimbursement shall be determined after an appraisal report that complies with the procedures and requirements set forth in Ruie 9K-6.007, F.A.C. Such appraisal report shall be subject to review and approval by FCT prior to FCT funds being delivered for the project. 12. The FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series P9A Funding Cycle on June 11, 1999, at which time the project site became part of a list of lands that were approved for consideration for land acquisition. If action initiated by the Recipient that is the local government having jurisdiction over the project site, subsequent to June 11, 1999, results in agovernmentally-derived higher value due to an enhanced highest and best use, the FCT acquisition activities will be terminated unless the Seller agrees that the appraisal will be done at the highest and best use of the project site on or before June 11, 1999. i3. Recipient hereby notifies the FCT that the following local government employee or official is the authorized key contact, or project manager, on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: ~- Fur~ded/Partial Preacgtaired/99-018-P9A 11 /30/1999 FINAL 5 Name• Title: Address: Phone: Fax: The Recipient must notify the FCT as to any change in the authorization of the key contact on behalf of the Recipient named above. This notification must be made in writing to the Executive Director and signed by the appropriate local government employee, official or authorized representative named in paragraph II.S.d. below. 14. This Agreement may be amended at any time prior to FCT giving project plan approval to the Recipient. Any amendment must be set forth in a written instrument and agreed to by both the Recipient and FCT. Such amendments shall become a part of this Agreement. II. REQUIREMENTS THAT M[JST BE MET PRIOR TO INITIATION OF PROJECT SITE NEGOTIATION 1. The Recipient hereby notifies the FCT that [Note: Elect either FCT, Recipient or Recipient Agent] will be the party responsible for all negotiation and acquisition activities. 2. The Recipient hereby notifies the FCT that the Federal Employer Identification Numbers are CITY OF JACKSONVILLE CITY OF ATLANTIC BEACH 3. No later than January 14, 2000, the 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 Recipient and FCT. 4. No later than January 14, 2000, the Recipient shall execute a Confidentiality Agreement pursuant to Rule 9K-6.010(5), F.A.C. A sample of a Confidentiality Agreement is attached as Exhibit "B"; an Agreement specific to this project will be prepared by FCT for execution by the Recipient. This Confidentiality Agreement is not a part of this Agreement and maybe amended without amending this Agreement, if needed. Funded/Partial Preacquired/99-018-P9A 11 /30/1999 FINAL 6 5. required; By execution of this Agreement, the Recipient affirms that: a. b. number 99-018-P9A; the Recipient is ready, willing and able to provide the local match, if any is the Recipient reaffirms the representations made in FCT Application c. the Recipient shall, on tfie anniversary date of the approval of the project plan by the FCT Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C.; d. the FCT Recipient authorizes the local government employee, official or authorized representative named in this paragraph to execute all documents in connection with this project on behalf of the FCT Recipient, including but not limited to the Conceptual Approval Agreement or any addenda thereto, purchase agreement for the property, grant reconciliation statement, closing documents, statements submitted as a part of the Project Plan, and Grant Award Agreement pursuant to Rule 9K-6.014(6), F.A.C.: CITY OF JACKSONVII..LE: Name: Title: Address: Phone: Fax: CITY OF ATLANTIC BEACH: Name: Title: Address: Phone• Fax: Funded/Partial Preacquired/99-018-P9A 11 /30/1999 FINAL 7 The Recipient must notify the FCT as to any change in the authorization of the local government employee, official or representative named in this paragraph to execute all documents on behalf of the Recipient. This notification must be made in writing to the Executive Director and signed by the appropriate local government employee, official or authorized representative. III. PROJECT PLAN APPROVAL 1. Prior to final disbursement of award funds by FCT, the Recipient must prepare a project plan that complies with Rule 9K-4.011, F.A.C. This project plan is a compilation of the following items listed below, which must be reviewed and approved by FCT in a meeting of the FCT Governing Body. In the event that the Recipient is a partnership, the Recipient must also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the project site as a part of its project plan. The project plan shall include, and shall not be considered by FCT unless it includes all of the following documents, to be reviewed and~approved by FCT to ensure that the interest of the State of Florida will be protected: a. For the project site parcel(sl that were preacquired by the FCT Recipient within one vear prior to or within 180 davs after the application deadline of une 2, 1999, and recognized as source of local match: (1) A statement that the acquisition activities were conducted consistent with either Rule 9K-6.004(3)(d)(1) or (2), F.A.C., whichever applies. (2) A copy of the real estate contract(s) for sale and purchase of the preacquired parcel(s) between Recipient and (Insert name[sJ of Seller[sJ). (3) A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the preacquired parcels. (4) A copy of the recorded deeds} evidencing conveyance of title to the preacquired parcel(s) to the Recipient. (5) Certified survey(s) of the preacquired parcel(s) that meets the requirements of Rule 9K-6.006, F.A.C., and dated within 90 days of the date of acquisition of the preacquired parcel(s) by Recipient. Funded/Partial Preacquired/99-018-P9A 11/30/1999 FINAL 8 (6) Appraisal report(s) prepared for the Recipient's acquisition of the preacquired parcel(s) that complies with the requirements of Rule 9K-6.007, F.A.C.; said appraisal report(s) must be delivered to FCT in sufficient time for the review described in Section I.l I. above to be fully concluded before delivery of FCT funds. (7) A copy of the title insurance policy(s} evidencing marketable title in Recipient to the preacquired pazcel(s) and effective the date of acquisition of the preacquired pazc~l(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by Recipient, and all documents referenced in the title policy(s). (8) Environmental site assessment(s) of the preacquired parcel(s) certified to the Recipient, which meets the standards and requirements of the Recipient, and with a date of certification within 45 days before the date of acquisition of the preacquired parcel(s) by Recipient, together with the statement required by Rule 9K-6.012(4), F.A.C. b. For the pro,~ct site parcel(sl to be jointly acquired with FCT: A purchase agreement(s) for acquisition of the project site, in a form approved by the FCT staff prior to being executed by the Seller, such agreement{s) being fully executed by both the Seller and the Recipient, that is based on an appraisal or appraisals prepared consistent with the requirements of Rule Chapter 9K-6, F.A.C., and otherwise consistent with the provisions of that rule chapter and in a form and with terms that are acceptable to FCT. (See pazagraph 1 of Section IV below.) c. For all portions of the project site: (1) A management plan that complies with the following: Svritten according to Exhibit "C" (FCT Technical Assistance Bulletin #2-Writing a Management Pia;t), which is attached hereto and incorporated herein by reference; acceptable to FCT; addresses the _ criteria and conditions set forth in Section IV, V, VI, VII and VIII hereinbelow; and, at a minimum, sets forth how the site will be managed to further the purpose of the project, contains a description of all planned improvements to the project site, identifies the costs of management and site improvement and funding sources, arid identifies the management entity and its funding source. If the Recipient is not the proposed managing entity, the project plan must also include a signed agreement between the 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. (2) A statement of the total project cost, including all non-recurring costs of project development. Funded/Partial Preacquired/99-018-P9A 11 /30/1999 FINAL 9 (3) A statement of the amount of the award being requested from FCT. (4) A statement from each Recipient in whose jurisdiction the project site is located that the project plan is consistent with the local comprehensive plan. (5) Evidence that conditions imposed as a part of the Conceptual Approval Agreement have been satisfied. (6} An affidavit from the Recipient evidencing that after conducting diligent search, the Recipient, to the best of its knowledge, represents that there are no existing or pending violations of any local, state, regional and federal laws and regulations on the project site. 2. The FCT strongly encourages the Recipient to request a courtesy review of its entire project plan, but especially its management plan, well in advance of the meeting of the FCT Governing Body where the project plan will be considered for approval and funds will be authorized for disbursement. As a part of its duties to the FCT Governing Body, FCT staff will make a recommendation of approval of complete and accurate project plans or disapproval of incomplete or insufficient project plans. Recipient is strongly urged to coordinate with the FCT staff in order that the FCT review of the management plan coincides with the anticipated FCT Governing Body approval and the closing date of the real estate transactions(s) for parcel(s) jointly acquired. 3. Pursuant to 9K-4.011(2)'(h), F.A.C., FCT shall withhold project plan approval if the local comprehensive plan(s) of the Recipient or the Recipient's partner is, for any reason, found not in compliance by the Department after conceptual approval has been granted by FCT, unless the Recipient has executed a Compliance Agreement (formerly called a stipulated settlement agreement) with the Department to resolve all of the issues raised by the Department in a statement of intent to find a plan not in compliance issued pursuant to Section 163.3184(8), F.S. 4. Pursuant to Rule 9K-4.010(3), F.A.C., the FCT shall publish a Notice of Approval for Preservation 2000 funds in the Florida Administrative Weekly that shall list each project plan that has received approval for funding and the amount of funding approved. Any person with a substantial interest that is or may be determined by the decision of the FCT to reject or approve the project plan may request an administrative proceeding pursuant to Section 120.57, F.S., within 21 days from publication of the Notice of Approval for Preservation 2000 funds. Real estate closings or reimbursement of costs of acquisition of the project site may only take place after expiration of the 21-day notice period, so long as no requests for an administrative proceeding have been filed. Funded/Partial Preacquired/99-018-P9A 11/30/1999 FINAL 10 IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, F.S. RECIPIENT AGREES AS FOLLOWS: 1. FCT shall approve the terms under which the interest in land was acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT Governing Body~approves the project plan containing a copy of the document vesting title to the preacquired parcel(s) in the Recipient and executes the purchase agreement(s) to which FCT is a party for the parcel(s) to be jointly acquired. 2. Title to the project site shall be titled in the Recipient. 3. Each pazcel to which the Recipient acquires title in the project site shall 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 oz the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain'clauses providing for the conveyance of title to the project site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the project site conveyed thereby for such purposes. Such covenants and restrictions as are described in this paragraph shall be in the form of a Grant Award Agreement, prepared by FCT, executed by the parties to the Conceptual Approval Agreement and recorded at the time of closing or reimbursement for acquisition of the project site. The recordable Grant Award Agreement shall restate the conditions that were placed on the project site at the time of project selection and initial grant approval. All statements contained in the recordable Grant Award Agreement are contained in this Conceptual Approval Agreement, with the exception of statements that do not survive the real estate closing or the reimbursement for the acquisition of the project site. 4. The Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 3 above and describing the real property subject to the Agreement shall be executed by the FCT and Recipient at the time of the real estate closing or the reimbursement for the project site and shall be recorded in the county in which the project site is located. 5. If any essential term or condition of the Grant Award Agreement is violated, and the 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. Either the deed for jointly acquired parcels or the Grant Award Agreement referenced in pazagraph 3 above for preacquired parcel(s) shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. Funded/Partial Preacquired/99-018-P9A 11 /30/1999 FINAL 11 6. The interest acquired by the Recipient in the project site shall not serve as security for any debt of the Recipient. 7. If the existence of the 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. 8. The project site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation that is compatible with the conservation, protection and enhancement of the project site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the project site must be specifically designated in the management plan approved by the FCT as a part of the project plan. V. OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the acquisition of the project site, the 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 Recipient's comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the project site's acquisition: 2. Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 3. The 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 FC1 as a part of the project plan. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the project site and the operations of the 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, Funded/Partial Preacquired/99-018-P9A 11/30/1999 F{NAL 12 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 Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. VI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS _: 1. FCT is authorized by Sections 37.045(4) and 380.510(7)(a) and (b), F.S., to impose conditions for funding on Recipient in order to ensure that the project complies with the requirements for the use of Preservation 2000 Bond proceeds including without limitation the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. If the project site is to remain subject, after its acquisition by the Recipient andlor the Trustees, to any of the below listed transactions, events, and circumstances, the 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. Recipient agrees and acknowledges that the following transactions, events, and circumstances maybe disallowed on the project site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that the following transactions, events, and circumstances may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the project site to any person or organization; 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 general public; e. any change in the character or use of the project site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract of the project site with any person or organization; or Funded/Partial Preacquired/99-018-P9A 11 /30/1999 FINAL 13 g. such other activity or interest as may be specified from time. to time in writing by FCT to the Recipient. The foregoing are collectively referred to as the "disallowable activities." VII. DISALLOWABLE ACTIVITIES/REMEDIES In the event that FCT determines at an~ time or from time to time that the Recipient is engaging or allowing others to engage in disallowable activities on the project site, the 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, Recipient hereby indemnifies and agrees to hold FCT harmless from alI 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 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 Recipient for any disallowable activity on the project site. DELEGATIONS AND CONTRACTUAL A~RRANGE'VIENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNIVIENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE 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 PROJCT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. VIII. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN The management plan for the project site is mentioned throughout this Agreement, and is particularly described in Paragraph l.b. of Section III above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the management plan shall address the following conditions that are particular to the project site and result from either representations made in the application that received scoring points or observations made by the FCT staff during the site visit described in Ruie QI~-4.010(2)(f), F.A.C.: 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 Funded/Partia! Preacquired/99-018-P9A 11 /30/1999 FINAL 14 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 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 Funded/Partial Preacquired/99-018-P9A 11 /30/1999 FINAL 15 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. 13. The parking area shall incorporate pervious materal 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 Agreement including Exhibits "A'',=if required, "B", and "C" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. CITY OF JACKSONVILLE FLORIDA COMMUNITIES TRUST By: Print Name: Its: Date: Approved as to Form and Legality: By: Print Name: Bv: Steven M. Seibert, Chair Date: Approved as to Form and Legality: By: Ann J. Wild, Trust Counsel Funded/Partial Preacquired/99-018-P9A 11 /30/1999 FINAL 16 CITY OF ATLANTIC BEACH By: Print Name: Its: Date: Approved as to Form and Legality: By: Print Name: :~ Funded/Partial Preacquired/99-018-P9A 11 /30/1999 FINAL 1 ~ Exhibit A 99-018-P9A Acquisition Plan On page 2 of the application under the "Ownership"section, note the number of separate parcels and the number of different owners reported to be within the project site. If either response contains a number greater than 1, complete this page. Project Name: Dutton Island Intracoastal Waterway Park Expansion Applicant: City of Atlantic Beach and Citv of Jacksonville Rule 9K-4.004{5)(g), Florida Administrative Code, reads in part as follows: If the project site consists of more than one parcel or owner, an Acquisition Plan, as defined in Rule 9K-4.002(2), is required. Rule 9K-4.002(2), Florida Administrative Code, reads as follows: Acquisition Plan applies to Project Sites with multiple parcels or multiple owners and means a written description of the priority parcels and the general order in which the parcels will be acquired to assure that, in the event that all parcels cannot be acquired, the purposes of the project can be achieved. Florida Communities Trust (FCT) staff will review the acquisition plan to assure that the purposes of the project can be achieved in the event all parcels can not be acquired: Provide the tax identification number, and the name, address and phone number, if available, for all the owners of parcels within the project boundary 169393-0000 Centex Homes Corporation, 6620 South Southpoint Drive Jacksonville, Florida 32216 (904) 296-45~ 1 169393-6000 Sabico c/o B. Goncer, 1601 Ocean Drive, S. #310, Jacksonville Beach, Florida • Identify the priority parcels needed to achieve the purposes of the project. #1-169393-0000 #2 - 169393-6000 r? • Identify the order in which the parcels should be acquired, parcels can be grouped in categories. Parcel priority is in the order stated above. 5 FCT/P2000-4 (ef~2-10-98) 5 FCT Contract Number 00-CT-A7-99-9A-H 1-018 FLORIDA COMMUNITIES TRUST P9A Award Number 99-018-P9A DUTTON ISLAND INTRACOASTAL WATERWAY PARK EXPANSION CONFIDENTIALITY AGREEMENT This is a Confidentiality Agreement (Agreement) pursuant to Rule 9K-6.010(5), Florida Administrative Code (F.A.C.). Parties to the Conf dentiality Agreement: CITY OF JACKSONVIC,LE and CITY OF ATLANTIC BEACH (Recipient), local goernments within the State of Florida, and the Florida Communities Trust (FCT), a nonregulatory agency within the Department of Community Affairs. Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the project site in FCT application 99-018-P9A that was selected for funding and is governed by a Conceptual Approval Agreement for FCT project number 99-018-P9A (project site). Confdentiality: a) Pursuant to Rule 9K-6.002(17), F.A.C., the term "confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07(1), Florida Statutes (F.S.). b) The Recipient and its agents shall maintain the confidentiality of ali appraisals, offers, and counteroffers as required by Section 125.355(1)(a), F.S., for counties, or Section 166.045(1)(a), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C. The Recipient may disclose such confidential information only to the individuals listed herein below. c) Requests to add persons to the disclosure list must be made in writing and the Recipient must receive the written consent of the FCT Executive Director and execute an Addendum to the Agreement. All confidentiality requirements outlined above shall apply to individuals added to the List. d) The undersigned board members and staff of the Recipient and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and counteroffers concerning FCT project number 99-018-P9A as required by Section 125.355 (1)(a), F.S., for P-2000 Confidentiality Agreement/99-018-P9A counties, or Section 166.045 (1)(A), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C., and by this Confidentiality Agreement between the Recipient and FCT. e} The undersigned certify that they have no legal or beneficial interest in the project site. Date Recipient Board Member, Signature -,= Staff or Agent Name CITY OF JACKSONVII..LE FLORIDA COMMUNTI~S TRUST By: Print Name: Its: Date: Approved as to Form and Legality: By: Print Name: By: Ralph Cantral, Acting Executive Directoz Date: Approved as to Form and Legality: Bv: - Ann J. Wild, Trust Counsel P-2000 Confidentiality Agreement/99-018-P9A 2 CITY OF ATLANTIC BEACH By: Print Name: Its: Date Approved as to Form and Legality: Bv~ Print Name: P-2000 Confidentiality Agreement/99-018-P9A 3 The following notice will appear in the December 17, 1999, issue of the Florida Administrative Weekly NOTICE OF CONCEPTUAL APPROVAL The Florida Communities Trust (Trust) has conceptually approved for funding applications submitted under the Florida Communities Trust Preservation 2000 Program, Series P9A funding cycle. On September 23-24, 1999 applications were scored, ranked and selected for funding according to the criteria and procedures set forth in Rule Chapter 9K-4, F.A.C. At its meeting on November 30, 1999 the governing body of the Trust approved the grant contracts that impose all conditions on the project awards. In accordance with Rule 9K-4.010, F.A.C., the projects are considered to have received conceptual approval for funding. The funds awarded derive from the sale of Preservation 2000 bonds. Certain applications were selected for funding contingent upon funds becoming available either through other projects terminating, projects closing under budget, or interest accruals. Those applications conceptually approved for funding and the amount of funding conceptually approved are listed below. The conceptual approval is subject to appeal and may change following the appeals process. For this reason, fnal conceptual approval of awards cannot be made until any appeals have been resolved. The following projects were approved for funding with funds currently available: Selected/Funded '7~ Project No. Project Name Applicant Amount 99-001-P9A Pepper Park Addition St. Lucie County $ 550,000.00 99-0OZ-P9A St. Johns River Park St. Johns County $ 2,195,000.00 99-0OS-P9A ECON/Hatcher Property Acquisition Palm Beach County $ 252,000.00 99-007-P9A Sunset Vista Trailhead City of Treasure Island $ 1,200,000.00 99-008-P9A Booker Creek Acquisitions Pinellas County $ 626,000.00 99-010-P9A Cypress Creek Preserve -Phase II (Resubmittal) Hillsborough County $ 2,200,000.00 99-013-P9A Enslewood Beach Charlotte County $ 528,400.00 99-015-P9A High Ridge Scrub Addition Palm Beach County S 285,600.00 99-017-P9A Ciapboazd Creek Park and Preserve City of Jacksonville $ 793,620.00 99-018-P9A Dutton Island Intracoastal Waterway Park Expansion Ciry of Jacksonville/Ciry of Atlantic Beach $ 1,392,025.00 99-020-P9A Daleo Hammock St. Lucie County $ 208,550.00 99-022-P9A Poppleton Creek Watershed Prsrvtn & Restortion Project City of Stuart $ 797,200.00 99-024-P9A Maderia Beach Causeway Shoreline Restoration Perk Ciry of Maderia Beach $ 2,109,500.00 99-025-P9A North Fork of the St. Lucie River - FCT Addition St. Lucie County $ 320,000.00 99-026-P9A Ribbon of Green City of Tampa $ 2,098,500.00 99-028-P9A Bee Line Corridor Natural Area -Phase II Palm Beach County $ 1,662,400.00 99-029-P9A East Riverside Neighborhood Park City of Ft. Myers $ 508,406.00 99-030-P9A Northwest Marion County Greenway Marion County $ 1,030,800.00 99-035-P9A Centennial Park Riverwalk Expansion City of Ft. Myers $ 496,900.00 99-036-P9A Academic & Outdoor Recreation Village Ciry of Pembroke Pines $ 1,895,675.00 99-037-P9A Chlumsky Property City of Naples $ 266,800.00 99-039-P9A Depot Junction Alachua Counry/Ciry of Gainesville $ 600,240.00 99-044-P9A Oceanfront Preservation City of Satellite Beach/Brevazd County $ 3,545,900.00 99-046-P9A Cherie Down North Park City of Cape Canaveral $ 482,000.00 99-049-P9A Lakeland Highlands Scrub Polk County $ 1,78b,285.00 99-054-P9A Devil's Hammock Phase II Levy County $ 2,200,000.00 99-055-P9A Oslo Riverfront South Indian River Counry $ 872,500.00 99-056-P9A North Sebastian Conservation Area Addition Indian River County $ 43,675.00 99-057-P9A Lansing Property Seminole County $ '1,113,750.00 99-058-P9A North Fork on the New River Greenways Project-Phase I City of Fort Lauderdale $ 150,000.00 99-062-P9A Mala Compra Greenway-Addition to Bings Landing Park Flagler County $ 860,926.00 99-064-P9A San Casa Chazlotte County $. 1,504,400.00 The following projects were withdrawn: Withdrawn Project No. Project Name Applicant Amount 99-004-P9A Carrigan Property Orange County $ 1,030,148.00 99-048-P9A Lake Hancock/Peace River Headwaters Polk County $ 2,000,000.00 99-052-P9A Beecher Point Property Putman County $ 612,275.00 99-053-P9A Anna Maria Preserve City of Anna Maria S 1.829,500.00 99-075-P9A Eastern Lake Wetlands Preserve Walton County S 141,275.00 99-081-P9A Egans Creek Greenway Phase III City of Fernandina Beach $ 1,019,500.00 99-085-P9A Lafayette Heritage Trail, Phase II (Alford Arm) --. Leon County/City of Tallahassee S 3,665,250.00 99-089-F9A Eagles Landing ~ Town of Callahan S 415,500.00 99-090-P9A Cedar Grove Baldwin Street Conservation Park Ciry of Cedar Grove S 1,134,100.00 99-091-P9A Little River Preserve City of Miami S 150,000.00 99-092-P9A Indian Riverside Park Addition -Mathews Parce! Martin County S 474,28b.86 NOTICE OF ADMINISTRATIVE HEARING RIGHTS Any person with substantial interests that are or maybe determined by the approval of funds for projects by the Trust has a right to an informal administrative proceeding pursuant to Section 120.57(2), F.S., if the person does not dispute issues of material fact raised by this decision. If an informal proceeding is held, the petitioner will have the opportunity-to be represented by counsel, to present to the agency writtea or oral evidence in opposition to the Trust action, or to present a written statement challenging the legal grounds upon which the Trust is justifying its actions. Alternatively, any person with substantial interests that are or may be determined by the approval of funds for projects by the Trust has a right to a formal administrative hearing pursuant to section 120.57(1), F.S., if the person disputes any issues of material fact stated in this decision. At a for-nal hearing the petitioner maybe represented by counsel, and will have the opportunity to present evidence and argument on all the issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings of fact and orders, and to file exceptions to any order or hearing officer's recommended order. If a person with a substantial interest desires either an informal proceeding or a formal hearing, the person must file with the Trust Clerk a written response or pleading entitled "Petition for Administrative Proceedings" within 21 calendar days of the publication date of this notice of final agency action. The petition must be in the form required by Rule 9K-1.008, F.A.C. A petition is filed when it is received by the Trust Clerk at 255 Shumard Oak Boulevard, Tallahassee, FL 32399-2100. A petition must specifically request an informal proceeding or a formal hearing, it must admit or deny each material fact contained in this decision, and it must state any defenses upon which the petitioner relies. If the petitioner lacks knowledge of a particular allegation of fact, it must so state and that statement will operate as a denial. Any person with substantial interests that are or may be determined by the approval of funds for projects by the Trust waives the right to an informal proceeding or a formal hearing if a Petition for Administrative Proceeding is not filed with the Trust Clerk within 2I days of the date of publication of the notice of final agency action. ~L MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH MMISSION, HELD IN CITY HALL AT 5:00 PM ON WEDNESDAY MAY 12, 1999. Present: Suzanne Shaughnessy, Mayor - ; Richard Beaver, Commissioner Mike Borno, Commissioner John Meserve, Commissioner Theo Mitchelson, Commissioner Also: David Thomson Alan Jensen, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Shaughnessy. 1. Discussion and related action in connection with property in the Intracoastal Waterway currently owned by Centex Homes The City Manager reported that he, along with the City Attorney and city staff members, had met with representatives of the City of Jacksonville earlier in the day to discuss the purchase of the Centex property. He said that Jacksonville would like Atlantic Beach to commit to contribute $190,000.00 towards the purchase of the property and also agree to be a co-applicant in the grant application He explained that Jacksonville would get additional points toward the approval of the grant if Atlantic Beach agreed to be a co-applicant. In addition, they would like Atlantic Beach to commit to the management of the park. A copy of the City Manager's report is attached hereto as Exhibit A. The City Manager further explained that any monetary commitment the city made would not have to be paid until the next fiscal year -between October and December. He also said that Jacksonville had made no commitment to put Atlantic Beach on the deed and by so doing, Atlantic Beach would not be liable for insurance costs. The City Manager explained that under the conditions of the grant, the property would be required to remain as park land for at least ten years. However, the down side of not owning the property, he said, would be that a future Jacksonville administration could sell the property or allow it to be used for other purposes. Discussion ensued and it was explained that up to 90% of the property could be left natural and only 10% would need to be developed and this could be as simple as providing some parking and opening up some trails. City Manager Thompson explained that the grant application would come before the City Commission for approval at the meeting of May 24, 1999. Commissioner Mitchelson said that while he would be willing to consider the $190,000 as a targeted goal for the 1999/2000 budget, he was concerned regarding making a financial commitment of $190,000 of unbudgeted funds. He also said he was uncomfortable making a commitment to maintain property which did not belong to the city. Commissioner Mitchelson also noted that the grant required that the land be used for parks for a period often years. However, he felt that while Atlantic r Page Two Minutes -Special Called Meeting May 12, 1999 Beach enjoyed a good relationship with the current Jacksonville administration, he suggested that a deed restriction be included which would preserve the land for parks in the future in order to prevent a Future administration from selling the land or allowing it to be used for other purposes. City Manager Thompson felt that Jacksonville would be willing to make a written commitment to preserve the land for parks beyond the ten years required in the grant. He also indicated that Atlantic Beach could be a co-applicant even if no financial commitment was made. Commissioner Borno favored being a co-applicant but was not in favor of making a financial commitment until the matter could be considered during the budget process. Commissioner Borno said he would like to have some idea of the cost of insurance, but City Attorney Jensen pointed out that Atlantic Beach did not have an option to hold the deed (and therefore would not be liable for insurance coverage). Commissioner Beaver inquired if there would be any consequences if Atlantic Beach did not contribute anything towards the purchase. City Manager responded that he felt Jacksonville was more interested in having Atlantic Beach undertake the maintenance. Commissioner Beaver said he would like to find out whether it would be detrimental to the transaction if Atlantic Beach did not participate in the purchase. Commissioner Beaver said he would like clarification on the boundaries of the property and an aerial map was provided by the Mayor and a boundary map was provided by the City Clerk. Commissioner Meserve noted that this was not a budgeted item, and that the property was not in Atlantic Beach. He said he felt the city did not put enough money into Public Works projects and was concerned at the amount of unbudgeted money which had recently been committed to parks. He indicated he would not be willing to make a financial commitment at this point. The City Manager reported that the grant application was due in Tallahassee on June 2, 1999, and Jacksonville would like a commitment from Atlantic Beach to be a co-applicant on the grant, and indicated that Mayor Delaney would be in attendance at the Commission meeting on May 24 to answer any questions or concerns the Commission may have. Commissioner Beaver asked whether the City could commit to spend future moneys and the City Attorney explained that if the City Commission agreed to this expenditure at this time, the commitment was actually to appropriate funds in the next year's budget for this purpose. Commissioner Beaver expressed concern regarding making this commitment when, he said the City had many other maintenance projects which needed to be done. He asked the City Manager to ask specifically what would happen if Atlantic Beach did not commit to contribute any funds. Commissioner Meserve again reiterated that this was not a budgeted item and he felt that a commitment at this time was actually pre-spending the money before a budget was adopted. He was also concerned that the property was not in Atlantic Beach and the city would be putting money into Page Three Minutes -Special Called Meeting May 12, 1999 a project it did not own. He felt that the city should better maintain its current property and said he world support this project so long as no funds were being committed. The Mayor said she felt the question before the City Commission this evening was whether Atlantic Beach would be willing to be a co-applicant and provide the maintenance. She felt Jacksonville needed this information in order to prepare the grant application, but the money would not be required until later. The Mayor said she saw this as a negotiation situation with 3acksonville regarding the level of participation of Atlantic Beach. She felt that development of this property would have a negative impact on Dutton Island. Further discussion ensued and it was clarified that Jacksonville would proceed with the grant application whether or not Atlantic Beach participated. However, they were more likely to receive the grant if Atlantic Beach agreed to be a co-applicant. Commissioner Beaver also clarified that a commitment to be a co-applicant did not automatically commit the city to any financial participation. The City Manager said that Jacksonville would have to be able to show that there would be on-going maintenance of the property, and accepting a role as managing the property would probably be sufficient to participate as a co-applicant. He said that while Jacksonville had requested that Atlantic Beach contribute funds, they had not indicated that failure to do so would in any way disqualify Atlantic Beach from being a co-applicant. Commissioner Mitchelson said that he would be happy for Atlantic Beach to be co-applicant and agree to provide maintenance in order to maximize the points available to Jacksonville, however, he felt that if 100% of the property would be owned by Jacksonville, then Jacksonville should pay 100% of the purchase price. Commissioner Mitchelson then moved that Atlantic Beach agree to be co-applicant in the grant; that Atlantic Beach agree to guarantee the management of the property; that Atlantic Beach be willing to perform 10%.development on the property; and with the contingency that the deed of the property contain a restriction which requires that it be maintained for park use in perpetuity which goes beyond the 10-year requirement as listed in the grant. The motion was seconded by Commissioner Borno. In further discussion, the Mayor reiterated that the deed restriction was very important to her. She said that as far as development was concerned "minimum is better," and asked the City Manager to convey this to the Jacksonville representatives. The Mayor said that when Jacksonville was first approached regarding the possible purchase of this property, no financial participation by Atlantic Beach was anticipated, and she suggested that participation on the Bart of Atlantic Beach be at the lowest possible cost. She said there were already some trails through the property and she would like to see those trails made use of in the management plan. On roll-call vote the motion carried unanimously.