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
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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
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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
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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
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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
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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
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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
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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.
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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.