04/17/1996 Grant Contract
.
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.annp 1.. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF 1HE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 8S2-7145
FAX (305) 8S2-7146
MEMORANDUM
TO: I Mark Rosch
'Land Authority Director
Attention: Sheila DiSanto
FROM:
Ruth Ann Jantzen, Deputy Clerk
.6:4/.
DATE:
May 9, 1996
At the April 17, 1996 County Commission Meeting, the Board granted approval
and authorized execution of a grant contract in the amount of $2.3 million in land
acquisition between Monroe County and Florida Communities Trust toward the
purchase lOf property located in the City of Key West.
Enclosed please find three duplicate originals of the above Contract executed on
behalf of Monroe County. Please be sure that one fully executed copy is returned to this
office as soon as possible.
me.
If you have any questions on any of the above, please do not hesitate to contact
cc: County Attorney
Finance
County Administrator, wlo document
File
MONRO:i: CC'J\'TY
OFFlcrAL RECORDS
FILII 1972732
au 14:2 7 PG.2 3 42
RCD Oct 28 1996 02,11PM
DANNY L [OLRAGII, CLIIRK
CONTRACT t9~_CT_2H_94_4~-M1-D02
PROJECT NAME Recreation and
aeen Soace
FLORIDA COMMUNITIES TRUST
PROPOS~ NUMBER 94-002-CS2
.-u .
FLORIDA COKHUNITIES TROST
AREA OF CRITICAL STATE CONCERN PROGRAM
GRANT CONTRACT
. ~~HIS CONTRACT is entered into on
199>>, by and between the FLORIDA COMMUNITI
nonregulatory aqency within the State of Fl ida Department of
commurlity Affairs, and MONROE COUNTY (FCT Recipient), a political
subdi,'ision of the State of Florida, in order to impose terms and
conditions on the use of the proceeds of certain bonds,
hereinafter described, and the lands acquired with such proceeds
(project site), as shall be necessary to ensure compliance with
applicable Florida law and federal income tax law and to
otherwise implement provisions of sections 259.101, 375.045, and
Chapter 380, Part III, Florida Statutes.
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WHEREAS, Chapter 380, Part III, Florida Statutes, the
Florida communities Trust Act, creates a nonrequlatory aqency
within the Department of community Affairs (Department) that will
assist local qovernments in brinqinq local comprehensive plans
into compliance and implementinq the qoals, objectives, and
policies of the conservation, recreation and open space, and
c)astal elements of local comprehensive plans, or in conservinq
natural resources and resolvinq land use conflicts by providinq
financial assistance to local qovernments to carry out projects
and activities authorized by the Florida communities Trust Act;
WHEREAS, section 259.101(3) (c), Florida Statutes, provides
for the distribution of ten percent (10%) of the net preservation
2000 Revenue Bond proceeds to the Department of community Affairs
to provide land acquisition qrants and loans to local qoverrlments
throuqh the FCT, with an additional one-tenth to be used
specificallY for matchinq qrants, on a dollar-for-dollar basis,
for acquisition within areas of critical state concern;
~~EREAS, the Governor and Cabinet authorized the sale and
issuance of State of Florida Department of Natural Resources
preservation 2000 Revenue Bonds (Bonds);
WHEREAS, the Bonds were issued as tax-exempt bonds, meaninq
that the interest on the Bonds is excluded trom the qross income
of Bondholders for federal income tax purposes;
GC/94-002-CS2
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WHEREAS, Rule Chapter 9K~5, F.A.C., sets forth the
procedures for evaluation and selection of proposals for land
aC'lUisitions using funds allocated to the FCT through the
De._artment of community Affairs from the preservation 2000 Trust
Fund for Areas of critical State Concern;
WHEREAS, the FCT Governing Body met on Januarv 12. 1995, to
consider and select proposals to receive funding and FCT
Recipient'G proposal was selected for funding in accordance with
Rule Chapter 9K~5, F.A.C.;
WHEREAS. FCT is authorized by Section 380.510(7) (a)
Florida Statutes, Rule 9K-5.007(4) , F.A.C., in accordance' with
secti,on 380.510(4), Florida statutes, to impose grant conditions
deemed necessary to protect the interests of the State of Florida
and to ensure that the project complies the requirements for the
use of preservation 2000 Bond proceeds, and which must be met by
the FCT Recipient prior to the release of any funds;
WHEREAS, such conditions shall be imposed bya grant contract
that shall contain by reference all regulations, rules, and other
grant conditions governing the matching grant award, that shall
describe with particularity the real property that is subject to
the contract and that shall be recorded in the county in which
the real property is located; and
WHEREAS, the purpose of this contract is to s~t forth the
terms and conditions of the matching grant award and covenants
and restrictions that shall be imposed on the Project Site(s)
acquired with the FCT preservation 2000 Bond proceeds and the
Recipient's local match.
NOW THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and FCT Recipient do hereby contract and agree
as follows:
I. GENERAL CONtl:t'lIOllS
1. At least two original copies of this contract shall be
executed by FCT Recipient and returned to the FCT office at 2740
centerview Drive, Tallahassee, Florida 32399-2100 vi~-~Y-
(-Vtl1__-da-yS-"1:rf_IIlri"Hnq--bY-i'CT-~-e--f'e'f--Ree~piel'lt: by May 12. 1296. Upon
receipt by FCT of the signed contracts, FCT will execute the Contracts,
retain one original copy and return all other copies to FCT
Recipient.
2. Upon execution and delivery by the parties hereto, the
FCT Recipient shall cause this contract to be recorded and filed
in the official public records of Monroe county, Florida, and in
GC/94-002-CS2
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such manner and in such other places as FCT may reasonaply
request, and shall pay all fees and charges incurred in
connection therewith.
J. The FCT Recipient and FCT agree that the state of
Florida Department of Environmental protection will forward this
Contract to Department of Environmental protection Bond Counsel
for review for conformance to pond restrictions. In the event
Bond counsel opines that an amendment to this Contract is
required so that the tax exempt status of the preservation 2000
Bonds is not jeopardized, FCT and FCT Recipient shall amend the
contract accordinglY,
4. This contract may De amended at any time.
amendment must be set forth in a written instrument
by both the FCT Recipient and FCT.
5. This contract and the term5, conditions, covenants and
restrictions contained herein shall run with the real property
acquired with the funds received hereunder and the,local match,
and shall Dind, and the benefits shall inure to, respectively,
the FCT and the FCT Recipient and their respective successors and
assiqns.
Any
and agreed to
6. This contract shall be governed by and construed in
accordance with the laws of the state of Florida, with respect to
both substantive rights and with respect to procedures and
remedies.
7. Any notice required to be given hereunder shall be given
by personal delivery, by registered mail or by registered
expedited service at the addreSSeS specified below or at such
other addresses as may be specified in writing by the parties
hereto, and any such notice shall be deemed received on the date
of delivery if by personal delivery or expedited delivery
service, or upon actual receipt if sent by registered mail.
FCT:
Florida communities Trust
Department of community Affairs
2740 centerview Drive
Tallahassee, FL 32399-2100
ATTN: Executive Director
FCT Recipient:
Monroe County, a political subdivision
of the State of Florida
2798 Overseas Highway-Suite 410
Marathon. FL 33050
ATTN: Planninl>; Direct.or
GC/H-002-CS2
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I'CT Recipient:
Jl'IU "g 7 27 :3 2
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City of Key West, a municipality
~ithin Monroe County. State of Florida
PO 110. J~09
K~v Wost. FL 330~1-J~09
ATTN: Ci tv Manaeer
8. If any provision of the contract shall be invalid,
illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way
be affected or impaired.
II. SPECIFIC CoNDITIONS REQUIRED BY ROLE CHAPTER 9K-S,
FLORIDA ADMINISTRATIVE CODE
1. FCT Recipient hereby acknowledges and agrees that
project work may not be initiated prior to execution of this
grant contract.
2. All matching grants from the Area of critical State
Concern Program shall be used for voluntarily negotiated
trnasaction for land acquisition that assists an Area of critical
State concern county to implement or further the conservation,
recreation and open space, or coastal management elements of the
local comprehensive plan, to conserve natural resources, to
resolve land use conflicts, and to i=plement land development
regulations which further the principles for guiding development
estap1ished for that Area of critical State Concern.
3. preservation 2000 funds received by the FCT ~ecipient
under this contract shall only be used for the land acquisition
project costs, as defined in Rule 9K-5.002(19), F.A.C., and as
set forth in proposal 94-002-CS2.
4. The FCT Recipient hereby agrees to fully perform the
project as described in the proposal 94-002-CS2. The scope and
nature of the project work for which the grant assistance is
authorized shall be as follOWS:
Specific land acquisitions to implement portions of the
recreation and open space element and the conservation and
coastal management elements of the City of Key West
comprehensive plan, as described in Proposal 94-0~2-CS2.
In addition to the source identified in said Proposal, the unds
from the Monroe County Comprehensive Plan Land Authority may also be
used as the local match.
5.
the FCT
h1!J:l9red
6. Funds awarded under this Contract shall be awarded as a
matching grant to FCT Recipient. Funds awarded under this
The FCT preservation 2000
Recipient shall in no event
thousand and 00/100 Dollars
Bond Series award granted to
exceed Two million three
($2.300.000.00) .
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program shall be matched by the Recipient on a dollar-for-dollar
basis.
7. The FCT Recipient shall prepare a management plan,
following the guidelines set forth in Exhibit "AI', for approval
by the governing body prior to the release of any funds by the
FCT. This plan must include the following:
a. At a minimum the management plans shall set forth
how the site will be managed to further the purpose of the
project, a description of all planned improvements to the project
site, the costs and funding sources, and the management entity
and its funding source. If the FCT Recipient is not the proposed
managing entity, the management plan must include a signed
agreement between the FCT Recipient and the managing entity
stating the managing entity's willingness to manage the site, the
manner in which the site will be managed to further the
purpose(s) of the project, and identification of the source of
funding for management.
b. Evidence that the management plan is consistent
with the local comprehensive plan.
c. Evidence that the conditions imposed in the grant
contract have been satisfied.
B. The governing body shall approve or reject the
management plan in accordance with the FCT Recipient's compliance
with the grant contract and the requirements of Rule 9K-5.00B,
LA.C.
9. The FCT Recipient hereby agrees to fully perform the
obliga.tions of the Management Plan approved by FCT.
10. FCT Recipient hereby agrees to provide evidence within
thirt~. (30) days of FCT governing board approval of the
manage1llent plan that the local match portion, in the amount of up to
TwO million three hundred thousand and '00/100 Dollars
($2.300.000.00) of the total project costs has been transferred
by the FCT Recipient into a restricted segregated account
established and used exclusively for the purposes of the funded
projec~t. upon notification to FCT that the restricted account.
has been established, the FCT funds shall be delivered in the
form 'Jf a state warrant payable to the FCT Recipient within 30
days. The restricted account shall be the receiving account for
the FCT matching grant and shall be subject to the accounting and
auditing provisions set forth Exhibit lOB" attached hereto and
made ,a part hereof.
11. Pursuant to Rule 9K-5.003(4), F.A.C., prior to awarding
funds the local comprehensive plan of a FCT Recipient must either
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be found in compliance by the Department or the FCT Recipient
mus~ have executed a stipulated settlement agreement ~ith the
Department to resolve all the issues raised by the Department in
a statement of intent to find a plan not in compliance issued
pursuant to section 163.3184, Florida Statutes. FCT Recipient
hereby cer~ifies that on ~anuarv 12. 1995, the status of the City
of Key West comprehensive plan ~as in compliance as determined by the
Department.
12. pursuant to Rule 9K-5.007(S), F.A.C., approval for
funding shall be for a period not to exceed t~o years from the
date of the meeting at which the approval was given. The
approval for funding under this contract shall expire upon the
satisfactory completion of the project ~ork and terms and
conditions of this Contract or ~anuarv 12. 1997, ~hichever occurs
first.
13. FundS awarded under this contract shall be subject to
termination as follows:
a. Failure of the FCT Recipient to comply with the
provisions of this contract shall constitute qrounds for
terminating the matching qrant.
b. The FCT grant portion of funds remaining in the
restricted account as a result of early termination of a project
qrant or from completion of the project at less than anticipated
cost shall revert to the Florida communities Trust Preservation
2000 Trust F\md and be attributed to the bond series out of which
the matching qrant was made.
14. Notice of Termination may be given by either party
according to the provisions for notification in Section I.,
paragraph 7 above. If the FCT delivers a Notice of Termination
prior to Januarv 12. 1997, such notice shall provide the reason
for termination and thirty (30) days for the FCT Recipient to
correct any deficiencies or violations that may be the basis of
the Notice of Termination.
lS. The FCT Recipient hereby aqrees to fully comply with
the applicable accounting, retention of accounting records, and
auditing requirements as described in Rule 9K-S.010-.012, F.A.C.
16. Pursuant to Rule 9K-S.009(3) (h), F.A.C., the FCT
Recipient hereby agrees to submit quarterly project progress
reports until this contract either expires or is terminated,
according to Exhibit "C" attached hereto and made a part hereof.
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17. Pursuant to Rule 9K-5.015, F.A.C., annual ~tewardship
reports to FCT according to Exhibit "0" attached hereto and made
a part hereof.
III. PROJECT SITE ACQOISITION REQOIREMENTS IMPOSED BY
CHAPTER 25', CHAPTER 375, AND CHAPTER 380, PART III,
FLORIDA STATUTES.
1. Land acquisition procedures in accordance with the
planned interlocal agreement between Monroe County and the City
of Key West, Section 253.025, P.S., Section 380.507(11), P.S.,
and Rule Chapter 9K-6, F.A.C., shall be used for the acquisition
of the Property hereunder.
2. Any deed whereby the FCT Recipient acquires title to a
Project Site shall incorporate by reference the covenants and
restriction of this Grant Contract to ensure that the use of the
Project Site at all times complies with Section 375.051, Florida
Statutes and section 9, Article XII of the State Constitution and
shall contain the following clause 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:
By acceptance of this warranty deed, grantee
herein hereby agrees that the use of the Property
described herein shall be subject to the covenants and
restrictions as set forth in that certain Grant
Contract recorded in Official Record Book ,
Page ,Public Records of Monroe county-;-FIorida.
These-covenants and restrictions shall run with the
Property herein described. If any of the covenants and
restrictions of the Grant Contract are violated by the
grantee or by some third party with the knowledge of
the grantee, fee simple title to the Property described
herein shall be conveyed to the Board of Trustees cf
the Internal Improvement Trust Fund of the state of
Florida in accordance with the Grant Contract without
further notice to grantee, its successors and assigns,
and grantee, its successors and assigns shall forfeit
all right, title and interest in and to the Property
described herein.
3. If any essential term or condition of this grant
contract is violated by the FCT Recipient or by some third party
with tlle knowledge of the FCT Recipient and the FCT Recipient
does not correct the violation within 30 days of notice of the
violation, fee simple title to all interest in the Project Site
shall be conveyed to the Board of Trustees of the Internal
GC/94 -002-CS2
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Improvement Trust FUnd. The FCT shall treat such property in
accordance with Section 380.508(4) (e), Florida Statutes.
4. AnY transfer of the project site shall be subject to the
approval of FCT and FCT shall enter into a new aqreement with the
transferee, containinq such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the
people of Florida.
5. The interest, if any, acquired by the FCT Recipient in
the Project site will not serve as security for any debt of the
FCT Recipient unless FCT approves the transaction.
6,_ If the existence of the FCT Recipient terminates for any
reason,- title to all interest in real property it has acquired
with the FCT award shall be conveyed to the Board of Trustees of
the Internal Improvement Trust Fund, unless FCT negotiates an
aqreement with another local qovernment or nonprofit orqanization
which aqrees to accept title to all interest in and to manaqe the
Project site.
7. In the event that the project site is damaqed or
destroyed or title to the project site, or any part thereof, is
taken by any qovernmental body throuqh the exercise or the threat
of the exercise of the power of eminent domain, the FCT Recipient
shall deposit with the FCT any insurance proceeds or any
condemnation award, and shall promptly commence to rebuild,
replace, repair or restore the project Site in such manner as is
consistent with the Aqreement. The FCT shall make any such
insurance proceeds or condemnation award moneys available to
provide funds for such restoration work. In the event that the
FCT Recipient fails to commence or to complete the rebuilding,
repair, replacement or restoration of the project site after
notice from the FCT, the FCT shall have the right, in addition to.
any other remedies at law or in equity, to repair, restore,
rebuild or replace the Project site so as to prevent the
occurrence of a default hereunder.
8. Notwithstanding any of the foregoinq, FCT shall have
the riqht to seek specific performance of any of the covenants
and restrictions of this Agreement concerning the construction
and operation of the project site.
IV. CONDITIONS RELATING TO TEE PROJECT SITE.
1. The project site shall be managed only for the
conservation, ~rotection and enhancement of natural resources and
for public outdoor recreation which is compatible with the
conservation, protection and enhancement of the natural resources
that may occur on the project Site, along with other related uses
necessary for the accomplishment of this purpose. The proposed
GC{94-002-CS2
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uses for the project site are specifically stated in Proposal ii=
002-CS2 approved by FCT.
2. The FCT Recipient shall ensure that the future land use
designation assigned to the Project site is for a category
dedicated to open space, conservation, or outdoor recreation uses
as appropriate. If an amendment to the FCT Recipient'S
comprehensive plan is required to comply with this paragraph, the
amendment shall be proposed at the next comprehensive plan
amendment cycle available to the FCT Recipient.
3. FCT Recipient shall ensure that all activities under
this contract comply with all applicable local, state, regional
and federal lavs and regulations, including zoning ordinances and
the adopted and approved comprehensive plan for the jurisdiction
as applicable.
4. The FCT Recipient shall, through its agents and
employees, prevent the unauthorized use of the Project site or
any use thereof not in conformity with the FCT approved
management plan.
5. FCT staff or its duly authorized representatives shall
have the right at any time to inspect the project Site and the
operations of the FCT Recipient at the Project site.
6. All buildings, structures, improvements, and signs
shall require the prior written approval of FCT as to purpose.
Further, tree removal, other than non-native species, and/or
major land alterations shall require the written approval of FCT.
The approvals required from FCT shall not be unreasonably with-
held by FCT upon SUfficient demonstration that the proposed
structures, buildings, improvements, signs, vegetation removal or
land alterations will not adversely impact the natural resources
of the Project site. The approval by FCT of the FCT Recipient's
management plan addressing the items mentioned herein shall be
considered written approval from FCT.
8. If archaeological and historic sites are located on the
project site, the FCT Recipient shall comply with Chapter 267,
Florida statutes. The collection of artifacts from the Project
site or the disturbance of archaeological and historic sites on
the project site vill be prohibited unless prior written
authorization has been obtained from the Department of state,
Division of Historical Resources.
9. TheFCT Recipient shall ensure that the project site is
identified as being publicly owned and operated as a natural
resource-based public outdoor recreational site in all signs,
literature and advertising regarding the Project Site. The YeT
Recipient shall erect a sign(s) identifying the Project Site as
GC/94-002-CS2
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being opan to the public and as having been purct.asec:l with funds
from FCT and FCT Recipient.
V. OBLIG~TIONS OF THE FCT RECIPIENT RELATING TO THE OSE OF
BOND PROCEEDS
1. If the Project site is to remain subject, after its
acquisition by the FCT Recipient and/or the Tru:.tees, to any of
the below listed activities or interests, the FCT Recipient shall
provide at least 60 days advance written notice of any such
activity or interest 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:
a. any lease of any interest in the Project site to
any person or organization;
b. the operation of any concession on the project
Site to 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 ill such person's capacity as a member of the general public;
e. a management contract of the Project Site with any
person or organization; and
f. such other activity or interest as may be
specified from time to time in writing by FCT to the FCT
Recipient.
2. FCT Recipient agrees and acknowledges that the
following transaction, events, and circumstances may be
disallowed on the project site as they may have negative legal
an~ tax consequences under Florida law and federal income tax
law:
a. a sale of the Project site or a lease of the
project Site to any person or organization;
b. the operation of a concession on the Project site
by any person or organization;
c. a sale of things attached to the Project site to
be severec:l from the project site to any person or organization;
d. any change in the character or use of the project
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site from that use expected at the date of the issuance of any
series of bonds from which the disbursement is to be made;
e. any use of the project Site by any person other
than in such person's capacity as a member of the general public;
f. a management contract of the Project Site with any
person or organization; and
g. such other activity or interest as may be
specified from time to time in writing by FCT to the FCT
Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT
RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES,
OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT
SITE WILL ::N NO WAY RELIEVE THE FCT RECIPIENT OF THE
RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON
THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO
ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE
CONTRACTING PARTY.
VI. CONDITIONS PARTICt1LAll '1'0 '1'D PROJECT SITE AS A RES'DI.T
OF '1'EE FCT APPROVED KAHAGEKEII'1' PIoAN
1. Any facilities that may be developed shall be done 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. The natural shoreline ecosystem along the Atlantic Ocean and
the salt pond shall be protected. The beach berm, seaqrass beds,
alga beds, freshwater wetlands, mangrove wetlands, and salt pond
communities that occur on the project site shall be prese~d and
appropriately managed to ensure the long-term viability of these
vegetative communities.
3. The timing and extent of a vegetative survey of vegetative
communities and plant species on the Project Site shall be
specified. The FCT Recipient shall detail how the survey shall
be used during development of the site to insure the protection,
restoration, and preservation of the natural resources on the
project site including the protecting and preserving listed plant
species and rare and imperiled vegetative communities.
4. Invasive.exotic
shall be eradicated.
ensure that invasive
vegetation that occurs on the Project
A monitoring program shall initiated
exotics do not recolonize the project
Site
to
Sites.
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The FCT Recipient shall reference the Exotic Pest Plant council's
List of Florida's Most Invasive species to assist in identifying
invasive exotics on the project site.
5. coordinate with the Department of Environmental Protection
in the design of the facilities and the overall development of
the sites to minimize negative impacts to adjacent surface water
quality.
6. The Project site shall be managed in a manner that will
optimize habitat conditions for the listed wildlife species that
utilize or could potentially utilize the project Site,
particularly wading birds and shore birds. The FCT Recipient
shall coordinate with the Game and Fresh Water Fish commission
on the management of the project site for the protection of
listed species and listed species habitat. The FCT Recipient
shall conduct periodic surveys of listed species using the
Project Site. The FCT Recipient shall develop informational
signs relating to protection of listed animal species and their
habitat.
7. Provide bike parking stands at the site to provide an
alternative to automobile transportation to the Project site.
In the event of a conflict between the terms of the Grant
Contract, the Management Plan or the Grant Proposal, the
controlling document shall be in the following priority: 1. The
Grant contract; 2. The Management Plan; 3. The Grant Proposal.
This contract including Exhibits "A", "BOO, "C" and "DOl
embodies the entire contract between the parties.
IN WITNESS WHEREOF, tbe parties hereto bave duly executed
this Contract.
ST
s.."'..~ r. rn....<I...y
Date: 5 !.eJCf&,
, Cbair
Pate:
Accepted as to Form and Legal
Sufficiency:
C?~~
Date:_ - -~
iSn. ~tERK
Accepted as to Form and Legal
Sufficiency:
D~~-
- ~ J.,~.~~'1:~~.-:~
GC/94-002-CS2
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,
(SEAl) .'.<;:;;::':."" 12
nTTE8T: ~:e,-~~
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.
~ . ....
STATE OF FLORIDA
COUNTY OF LEON
The~reqoinq instrument,-was
day of ~)7~ . 199", DY
of the Flor~da ommunities Trust.
,..~-:;;:'I'''. JANI:E D. DUGHl
i.~"'''~l;:~; MI cow.uSSlON' cc 2~5713 EXPIRES
~i..J!!~;r':lJ Deccmbc' 10. 1Y96
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...........
STATE OF FLORIDA
COUNTY OF MONROE
PILB . 97 2 7 3 2
BU 1. 4 2 7 PG.2 3 5 4
4.f~~r
.JAJI')(.:\ F. rn~:It.(
acknowledqed Defore me this / f'1:::t
. as Charr-
She is personally known to me.
~'
...u' A .~
ary Publ~c
rint N&Ille:
commission No.
My commission Exp~res:
The ~qoinq
day of ~1
instrumen~ was acknowledged before me this ~
, 199'" by ~'''.~''4~~''~' as
. He\She ~s ersona 1y known to me.
GC/94-002-CS2
3-10-95
'ph~~_~~_J
Notary 1lC
Print N.....
commission No.
My Commission Expires:
13
GC{94-002-CS2
. 3-10-95
PIL! .97 2 7 3 2
BKt 1 4 2 7 PG, 2 3 5 5
EXHIBIT "A"
Kanaqement plan Guidelines
(to ~. attached wheD mailed)
14
PILI.97 2 7 3 2
au 1 4 2 7 PG.2 3 5 6
Exhibit "B"
Rule 9K-S.C1C Accounting Requirements. The grantee shall
maintain an accounting system ~hich provides for a complete record
of the use of all funds connected ~ith the grant. This accounting
system shall provide for:
(1) Accurate, current, and complete disclosure of the
financial results of the grant.
(:2) Records that identify adequately the sources and
application of funds for all activities related to the
grant. In the absence of a proper accounting system
~ith accounts for source and application of funds, a
separate checking account may be used.
(:l) Effective control over and accountability for all funds,
property, and other assets.
('I) Comparison of actual outlays with amounts in budget.
(5) Procedures to minimize the time elapsing bet~een the
transfer of funds from the Trust and the diSbursement by
the grantee.
(G) Procedures for determining reasonableness, allowability,
and allocability of costs.
(7) Accounting records that are supported by source
dooumentation, for example: invoioes, bills, canoeled
cheoks.
(8) An independent audit performed in accordance with
seotion 11.45, Florida Statutes, and rules of the
Auditor General of the state of Florida. Suoh audits
should be oonduoted at least every two (2) years.
Speoifio Authority 259.101, 374.045, 380.507(11), F.S.
Law Implemented 259.101, 375.045, 380.510, F.S.
History--New 6-30-93.
Rule tK-S.Cll Retention of Accounting Recor4s.
(1) Finanoial records, supporting doouments, statistioal
reoords, and all other reoords pertinent to a grant
shall be retained for a periOd of three years after the
end of the grant period or until an audit is completed.
If any l~tigation, claim., or audit is started before the
expiration of the three year period, the records shall
be retained until all litigation, claims, or audit
GC/94-002-CS2
3-10-95
1
PILI .97 2 7 :3 2
BKl1- 42 7 PG.2:3 5 7
findings involving the records have been resolved.
(2) The grantee shall make all grant records of
expenditures, copies of reports, books, and related
documentation available to the Trust, the Department, or
any duly authorized representatives of the state for
inspection at a reasonable time for the purpose of
making audits, examinations, excerpts, and transcript.
Specific Authority 259.101, J74.045, 380.507(11), F.S.
Law Implemented 259.101, J75.045, J80.510, F.S.
History--New 6-JO-93.
Rule 9K-5.012 General Audit Procedures. The Trust shall develop
a monitoring and audit schedule at the beginning of each grant
year to insure the adequate monitoring and audit of selected
grantees. All grantees that receive a matching grant shall
provide for examinations in the fo~ of audits of their books and
accounts. This does not mean that each grant shall be audited
separately. The grantee may provide for a general audit of its
books performed in accordance with Section 11.45, Florida
Statutes, that would include the grant. The Trust may, at its
option, perform selected or complete audits of grants or grantees.
The potential for such an audit increases when one of the
following circumstances or conditions exist:
(1) First year grantees;
(2) Where a grants administrative official of the Department
or Trust determines that a grant report indicates that a
provision of the grant requirements has not been met or
a grant report has not been filed by the grantee;
(3) The grantee has a history of poor performance under a
Trust grant;
(4) The grantee is under investigation by another granting
agency.
Specific Authority 259.101, 374.045, J80.507(11). F.S.
Law Implemented 259.101, 375.045, 380.510, F.S.
History--New 6-30-93.
GC/94-002-CS2
,3-10-95
2
fILl .9 7 2 7 3 2
Bill], 4 2 7 PG.2 3 5 B
EXHIBIT "C"
QUARTERLY PROGRESS REPORT
Please fill in all proiect Identification information as
requested. The performance reports will be cumulative in terms of
information presented, but the Quarterlv Reoort Period should
indicate only the date of the current quarterly period being
submitted.
Pro;ect oescriotion should be a maximum of two paraqraphs,
identifying the problem which this project addresses, the proposed
solution, implementation, or other proposed outcome of the
project. Please identify any partners working with the Recipient.
proiect Accuisitions should list and briefly describe all
acquisitions identified in the Grant Proposal and Contract.
proiect proaress bv Quarter should become a cumulative report
throughout the life of the project. Please address specific
proqress made toward completion or satisfaction of ~
acquisition. The acquisition itself need not be reiterated, but
the acquisition numbers should correspond with the Project
Acquisition numbers identified in the project Acquisition section
above. Please identify completion of each acquisition where
appropriate.
PROJECT NAME:
FCT RECIPIENT:
PROPOSAL NUMBER:
PROJECT MANAGER:
EFFECTIVE DATE OF AWARD:
QUARTERLY REPORT PERIOD:
PROJECT DESCRIPTION:
GC/94-002-CS2
3-10-95
1
FILII 197 2 7 3 2
BU 1 4. 2 7 PGI2 3 5 9
PROJECT ACQUISITIONS:
Acquisition 1.
Acquisition 2.
Acquisition 3.
(List all acquisitions listed in qrant contract.)
PROJECT PROGRESS BY QUARTER:
1st Quarter (dates)
Acquis i tion 1.
Acquisition 2.
Acquisition 3.
(Describe any project implementation problems encountered, if
applicable. )
2nd Quarter (dates)
Acquisition 1.
ACquisition 2.
Acquisition J.
(DeScribe any project implementation problems encountered, if
applicable. )
3rd Quarter (dates)
Acquisition 1.
Acquisition 2.
Acquisition J.
(Describe any project implementation problems encountered, it
applicable. )
4th Quarter (dates)
Acquisition 1.
ACquisition 2.
:-'cquisition 3
(Describe any project implementation problems encountered, if
applicable. )
GC/94-002-CS2
3-10-95 2
GC/94-002-CS2
3-10-95
FILl. 9 72732
BKt1427 PG.2360
EXHIBIT "0"
ANNUAL STEWARDSHIP REPORT REQUIREMENTS
3
EXlIIBIT "D"
FILI'$17 2 7 3 2
BU1.427 PG'2361.
Annual stewardship Report
Rule 9K-4.013, Florida Administrative Code, requires the Recipient of a
grant <ward from the Florida Communities Trust (FCT) to prepare an annual
stewardship report due on the anniversary of the date on which the
project plan was approved by the FCT governing body.
The annual stewardship report evaluates the Recipient's implementation of
the approved management plan and verifies that award conditions are being
followed, that uses and management of the project site are compatible
with the protection of natural resources, and that monitoring and survey
information is used to refine management of the project site.
At a minimum, the forlllat and content of the proposed report should
include a table of contents; numbered pages, a section summarizing the
status of site development and key management activities; a section
identifying gross revenue received through fees, sales and concessions if
any; a section assessing new information and outlining changes needed to
update the adopted lllanagement plan; and any appropriate supporting
documents as attachments.
The section summarizing site development and key management activities
should address the status of each activity proposed in the lllanagement
plan approved by the FCT. These activities should include all physical
improvem~nts, maintenance, securi ty, vegetation and animal surveys,
exotic species control program, educational program, prescribed burn
program, and any other activity proposed in the management plan. This
information can be presented in summary form as shown below.
Example Table: SUMMARY OF SITE DEVELOPMENT AND MANAGEMENT
ACTIVITY MANG.PLAN ON SCHEDULE BEHIND CONTINUING COMPLETED
PAGE NO. OR NOT BEGUN SCHEDULE
Any activity that is behind schedule should include a brief statement
explaining the reason for the delay and a new target date for its
completion. Completed activities should include a brief statement
explaining the end result.
The section identifying gross revenue received through the collection of
fees, sale of goods and services and other means should identify the
activity involved, the managing entity receiving income and the gross
amount of income received. This information can be presented in summary
form as shown below.
Example Table: SUMMARY OF REVENUE RECEIVED
ACTIVITY
MANAGEMENT ENTITY
GROSS AMOUNT RECEIVED
If you have any questions concerning the stewardship report you can
contact FCT staff at 2740 Centerview Drive, Tallahassee, Florida 32399-
2100 or you can call (904) 922-2207.
MONROE COUNTY
OFFICIAL RECORDS