03/03/1994 Grant Contract
Dann!, 1.. Jl{olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 2'39-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
BBB20 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
M.EMQBAH.!H!M
TO:
Bob Herman, Director
Growth Management Division
FROM:
Isabel C. DeSantis, Deputy
~.
Clerk ,g.t.
DATE:
March 24, 1994
As you know, on March 3, 1994, the Board granted approval and
authorized execution of a Grant Contract between Monroe County
and the Florida Communities Trust for acquisition of Upper Key
Parks sites.
Inasmuch as the Land Authority has followed-through on this
matter with the Florida Communities Trust, enclosed is a fully
executed copy of the subject Grant for your records.
Should you have any questions concerning this matter, please do
not hesitate to contact me.
CC: County Attorney
County Administrator w/o document
Finance Director
File
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CONTRACT #94-CT-73-93-3A~M1-002
PROJECT NAME Recreational
L.O.S. Standards
FLORIDA COMMUNITIES TRUST
PROPOSAL NUMBER 53-002-CSl
FLORIDA COMMUNITIES ~2UST
AREA OF CRITICAL STATE CONC7~N PROGRAM
GRANT CONTRACT
THIS CONTRACT is entered into on ~J~A is
1994, by and between the FLORIDA CO~f~ST (FCT), a
nonregulatory agency within the State of Florida Department of
Community Affairs, and MONROE COUNTY (FCT Recipient), a political
subdivision 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 nonregulatory agency
within the Department of Community Affairs (Department) that will
assist local governments in bringing local comprehensive plans
into compliance and implementing the goals, objectives, and
policies of the conservation, recreation and open space, and
coastal 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), Florida Statutes, provides
for the distribution of ten percent (10%) of the net Preservation
2000 Revenue Bond proceeds to the Department of Community Affairs
to provide land acquisition grants and loans to local governments
through the FCT, with an additional one-tenth to be used
specifically for matching grants, on a dollar-for-dollar basis,
for acquisition within areas of critical state concern;
WHEREAS, the Governor and Cabinet authorized the sale and
issuance of State of Florida Department of Natural Resources
Preservation 2000 Revenue Bonds (Bonds); ~
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WHEREAS, the Bonds were issued as tax-exempt ~~, ~anigg
that the interest on the Bonds is excluded from the"gross 5!inco~e
of Bondholders for federal income tax purposes; ~~;
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WHEREAS, Rule Chapter 9K-5, F.A.C., sets forth the
procedures for evaluation and selection of proposals for land
acquisitions using funds allocated to the FCT through the
Department of Community Affairs from the Preservation 2000 Trust
Fund for Areas of critical State Concernj
WHEREAS, the FCT Governing Body met on January 6, 1994, to
consider and select proposals to receive funding and FCT
Recipient's proposal was selected for funding in accordance with
Rule Chapter 9K-5, F.A.C.j
WHEREAS, FCT is authorized by section 380.510(7) (a),
Florida Statutes, Rule 9K-5.007(4), F.A.C., in accordance with
section 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 fundsj
WHEREAS, such conditions shall be imposed by a 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 locatedj and
WHEREAS, the purpose of this Contract is to set 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 CONDITIONS
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 within sixty
(60) days of mailing by FCT to the FCT Recipient. 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
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such manner and in such other places as FCT may reasonably
request, and shall pay all fees and charges incurred in
connection therewith.
3. 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 bond 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 be amended at any time.
amendment must be set forth in a written instrument
by both the FCT Recipient and FCT.
Any
and agreed to
5. This Contract and the terms, conditions, covenants and
restrictions contained herein shall run with the real property
acquired with the funds received hereunder and the local match,
and shall bind, and the benefits shall inure to, respectively,
the FCT and the FCT Recipient and their respective successors and
assigns.
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: Lorenzo Aghemo
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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 RULE 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 land acquisitions that assist
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
implement land development regulations which further the
principles for guiding development established for that Area of
critical state Concern.
3. Preservation 2000 funds received by the FCT Recipient
under this Contract shall only be used for the land acquisition
project costs, as defined in Rule 9K-5.002(19), and as set forth
in Proposal 93-002-CS1.
4. The FCT Recipient hereby agrees to fully perform the
project as described in the Proposal 93-002-CS1. The scope and
nature of the project work for which the grant assistance is
authorized shall be as follows:
Land acquistion program to implement the recreation level of
service standards of the Monroe County Year 2010 Comprehensive
Plan and eliminate the level of service deficiency of activity-
based parks in the Upper Keys through the year 2002 by the
purchase of land, as described in Proposal 93-002-CS1, for
activity-based recreation.
5.
the FCT
hundred
Dollars
The FCT Preservation 2000 Bond Series award granted
Recipient shall in no event exceed Two million one
sixtv thousand eiqht-hundred fortv-nine and 00/100
($2,160,849.00) .
to
6. Funds awarded under this Contract shall be awarded as a
matching grant to FCT Recipient. Funds awarded under this
program shall be matched by the Recipient on a dollar-for-dollar
basis.
7. The FCT Recipient shall prepare a management plan,
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following the guidelines aJ:9A~ti in E~Ji~ 9"~li~G[/o~ 9aiproval
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.
8. 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-5.008,
9. The FCT Recipient hereby agrees to fully perform the
obligations of the Management Plan approved by FCT.
10. FCT Recipient hereby agrees to provide evidence within
thirty (30) days of FCT governing board approval of the
management plan that the local match portion, in the amount of
Two million one hundred sixtv thousand eiqht-hundred fortv-nine
and 00/100 Dollars ($2,160,849.00) 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 project. upon notification to FCT that
the restricted account has been established, the FCT funds shall
be delivered in the form of 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 "B"
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
be found in compliance by the Department or the FCT Recipient
must have executed a stipulated settlement agreement with 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
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hereby certifies that oJl~a~~a~r 6, 19~f, the status of the
Monroe County comprehensive plan was that the stipulated settlement
agreement dated February 7, 1992, was executed by the FeT Recipient
~;rh rhp npp~rtmpnt ,
12. Pursuant to Rule 9K-5.007(5), F.A.C., approval for
funding shall be for a period not to exceed two 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 work and terms and
conditions of this Contract or January 5, 1996, whichever 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 grounds for
terminating the matching grant.
b. The FCT grant portion of funds remaining in the
restricted account as a result of early termination of a project
grant or from completion of the project at less than anticipated
cost shall revert to the Florida Communities Trust Preservation
2000 Trust Fund and be attributed to the bond series out of which
the matching grant 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 January 5, 1996, 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.
15. The FCT Recipient hereby agrees to fully comply with
the applicable accounting, retention of accounting records, and
auditing requirements as described in Rule 9K-5.010-.012, F.A.C.
16. Pursuant to Rule 9K-5.009(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.
17. Pursuant to Rule 9K-5.015, F.A.C., annual stewardship
reports to FCT according to Exhibit "0" attached hereto and made
a part hereof.
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III. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY
CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III,
FLORIDA STATUTES.
1. Land acquisition procedures of the Monroe County Land
Authority, acting on behalf of the Board of County Commissioners
of Monroe County, shall be used for the acquistion 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~orida. -
These covenants and restrictions shall run with the t_
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 of
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.
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3. If any essential term or condition of this grant
contract is violated by the FCT Recipient or by some third party
with the 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
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 agreement with the
transferee, containing such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the
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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.
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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
agreement with another local government or nonprofit organization
which agrees to accept title to all interest in and to manage the
Project site.
7. In the event that the Project site is damaged or
destroyed or title to the Project Site, or any part thereof, is
taken by any governmental body through the exercise or the threat
of the exercise of the power of eminent domain, the FCT Recipient
shall deposit with the FCT any insurance proceeds or any
condemnation award, and shall promptly commence to rebuild,
replace, repair or restore the Project site in such manner as is
consistent with the Agreement. The FCT shall make any such
insurance proceeds or condemnation award moneys available to
provide funds for such restoration work. In the event that the
FCT Recipient fails to commence or to complete the rebuilding,
repair, replacement or restoration of the Project site after
notice from the FCT, the FCT shall have the right, in addition to
any other remedies at law or in equity, to repair, restore,
rebuild or replace the Project site so as to prevent the
occurrence of a default hereunder.
8. Notwithstanding any of the foregoing, FCT shall have
the right to seek specific performance of any of the covenants
and restrictions of this Agreement concerning the construction
and operation of the Project site.
IV. CONDITIONS RELATING TO THE PROJECT SITE.
1. The Project site shall be managed only for the
conservation, protection 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
uses for the Project site are specifically stated in Proposal 93-
002-CS1 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
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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 laws 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 will be prohibited unless prior written
authorization has been obtained from the Department of State,
Division of Historical Resources.
9. The FCT Recipient shall ensure that the Project site is
identified as being publicly owned and operated as a natural
resource-based public outdoor recreational site in all signs,
literature and advertising regarding the Project site. The FCT
Recipient shall erect a sign(s) identifying the Project site as
being open to the public and as having been purchased with funds
from FCT and FCT Recipient.
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v. OBLXGATXONS OF THE FCT RECXPXENT RELATXNG TO THE USE OF
BOND PROCEEDS
1. If the project site is to remain subject, after its
acquistion by the FCT Recipient and/or the Trustees, 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 in 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.
specified from
Recipient.
such other activity or interest as may be
time to time in writing by FCT to the FCT
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
and tax consequences under Florida law and federal income tax
law:
a. a sale of the Project site or a lease of the
Project site to 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 severed from the Project site to any person or organization;
site from
series of
d. any change in the character or use of the Project
that use expected at the date of the issuance of any
bonds from which the disbursement is to be made;
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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 IN NO WAY RELIEVE THE FCT RECIPIENT OF THE
RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON
THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO
ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE
CONTRACTING PARTY.
VI. CONDITIONS PARTICULAR TO THE PROJECT SITE AS A RESULT
OF THE FCT APPROVED MANAGEMENT PLAN
1. The FCT Recipient shall perform an archaeological
survey of the Snapper Cay site prior to the commencement of
proposed development activities on that site. All planned
activities involving known archaeological sites or identified
site areas shall be closely coordinated with the Department of
State, Division of Historical Resources in order to prevent the
disturbance of significant sites.
2. Coordination with the Division of Recreation and Parks
in the design of the recreation facilities and the overall
development of the sites to insure that adequate consideration is
given to the containment of stormwater and minimizing negative
impacts to the adjacent surface water quality.
3. Coordination with bond counsel to insure that
activities proposed on the site do not put the tax-exempt status
of the bonds at risk.
4. Coordination with the Game and Fresh water Fish
Commission in the design of the recreation facilities and the
overall development of the sites to insure that adequate
consideration is given to the protection of listed plant species
and wildlife habitat.
5. The timing and extent of a vegetative survey of
vegetative communities and plant species on the Project sites
shall be specified in the management plan. The FCT Recipient
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shall detail how the survey shall be used during development of
the sites to insure the protection of the natural resources on
the Project sites.
6. The wetland communities that occur on the Project sites
shall be preserved and appropriately managed to ensure the long-
term viability of these communities.
7. The tropical hardwood hammocks that occur on the
Project sites shall be preserved and appropriately managed to
ensure the long-term viability of these communities.
8. Invasive exotic vegetation that occurs on the Project
sites shall be eradicated. The FCT Recipient shall use the
Exotic Pest Plant Council's 1993 List Of Florida's Most Invasive
species list to assist in identifying invasive exotic species on
the Project sites.
9. A vegetative buffers shall be provided along the
boundary of the Project sites that interfaces with residential
developments.
10. Access to the Project sites by pedestrians and
bicyclists shall be promoted.
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", "B", "C" and "0"
embodies the entire contract between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Contract.
BY:
Mayor/Chairman
March 3. 1994
Date:
Accepted as to Form and Legal
~
Date: - ~ tf
Accepted as to Form and Legal
Sufficiency:
/J-'-~5{~jotliJ
Date: A Y
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(Seal)
Attest: Danny L. Kolhage, Clerk
12
By: ~()"'n.hJL. c... DL J ~
Deputy Clerk f
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STATE OF FLORIDA
COUNTY OF LEON
The ,*~g instrument was
day of , 1994, by
of the Flor1da communities Trust.
~
acknowledged before me this~
LINDA LOOMIS SHELLEY, as Cha1r
She is personally known to me.
.~
STATE OF FLfkIDA
COUNTY OF ()' ~
The foregoing
day of (Y)~
instrument was ~le~ed /be~ me
, 1994, by .fl lLQ Qf~ .
. He\She is personally nown
this I~
, as
to me.
Nary Publi \
Print Name: LtI,illll1 /11I.71?
Commission No.
My Commission Expires:
.~~"~;:;:~~ AL"'N SMITH. JR.
f'iil;" .;~\ .~ ~A.SSION' CC3035<l6 EXl'tRES
::*: .*; NIl loUf'tlm1
'..i. iJ' July 29. 1991
'.':: ,.~...;~~~ BONDED THR\I TlWV FAIN lNS\IIAU. l1C.
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"EXHIBIT A"
FLORIDA COMMUNITIES TRUST
TECHNICAL ASSISTANCE BULLETIN: 02
WRITING A MANAGEMENT PLAN
The conceptual management plan submitted as a part of a Florida
Communities Trust ("FCT") grant application or proposal serves as a
basis for the management plan for project sites purchased with funds
from FCT. Materials and information gathered for the application or
proposal can and should be reflected in the plan where appropriate.
conditions required in the Conceptual Approval Agreement or Grant
Agreement should be incorporated in the management plan. Location map,
boundary map, vegetative surveys, site plans, Conceptual Approval
Agreement, the recorded deed when it becomes available, and other
supporting documents should be included as exhibits or included in the
appendix of the management plan for future readers. The following
general outline identifies the range of issues to be addressed in the
management plan, where applicable.
INTRODUCTION AND GENERAL INFORMATION
Provide information including the name of the project, the location
of the Project Site, and other general information such as a brief
resource description, and historical information relevant to site
management.
Provide a table of contents of the management plan.
PURPOSE OF THE PROJECT AND MANAGEMENT
Discuss the purpose for acquiring the project site and proposed
future uses consistent with statements made in the application or
proposal. Provide a summary of the comprehensive plan directives
that would be furthered by managing the site as proposed.
Commitments made in the application or proposal and reinforced by
conditions of the grant funding must be reflected in the management
plan.
Identify the principle objectives for managing natural resources and
compatible outdoor recreation.
Identify a procedure to amend the land use designation to
conservation, outdoor recreation, open space, or other similar
category once the land is acquired.
Include provisions to ensure that the Project site is identified in
all signs, literature, and advertising as being publicly owned, open
to the public and operated as a natural resource conservation area,
outdoor recreation area, or other appropriate descriptive language,
and identifying the Project site as having been purchased with funds
from the FCT and the Recipient.
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SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS
Rf~ I 2 9 7 PAGEl I 0 4
Incorporate a provision for requesting written approval from the FCT
before undertaking any site alterations or physical improvements
that are not addressed in the FCT approved management plan.
Physical Improvements
Identify and locate existing and proposed physical improvements to
the project site on a master site plan. These might include such
things as signs, fences, walkways, recreational paths, campgrounds,
restrooms, educational space, utility corridors, parking areas and
buildings.
Identify any proposed alteration of land use or character, the
approximate area affected and how this activity will be coordinated
with the protection of listed plant and animal species. Identify any
permits or approvals that may be required for the development or
restoration work and a procedure for providing evidence to the FCT
prior to the initiation of any activity that all required licenses
and permits have been obtained.
Include the placement of at least one sign identifying the Project
site as being open to the public, purchased with funds from FCT and
the Recipient, operated as a natural resource conservation area,
outdoor recreation area, or other appropriate descriptive language.
Access
Identify how access to the Project site will be provided. For
example, are parking places proposed on-site, and if so,
approximately how many spaces or how much area will be devoted to
this use? If parking is not proposed on-site, are there existing or
proposed spaces adjacent to or sufficiently near the property?
Identify any proposed access to waterbodies including, but not
limited to, marinas, docks, boat ramps, fishing piers or viewing
platforms and the approximate size of the facility. Consider
providing bike paths to the site and bike racks at the site to
provide an alternative to automobile transportation to the Project
site.
Access to Project sites should be compatible with all state and
federal construction standards, including the Americans with
Disabilities Act.
Identify existing and proposed easements, concessions, or leases.
If easements, concessions, or leases are anticipated to be granted
on the Project Site, such proposed arrangements need to be
identified. These might include utility rights-of-way, flowage or
access easements, recreation or supply concessions, and leases or
other instruments that would allow grazing, timbering, agriculture,
or other revenue producing enterprises.
Include a procedure to provide 60 days prior written notice and
information regarding any lease of any interest, the operation of
any concession, any sale or option, any use other than by a member
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Eft I 2 9 7 PAGEl I 0 5
of the public, and management contracts of the Project Site with
non-governmental persons or organizations.
KEY MANAGEMENT ACTIVITIES
Maintenance: Identify required maintenance activities, including
but not limited to trash removal, site cleanup, and facilities
upkeep. Identify the entity responsible for property maintenance.
Identify procedures to ensure that dumping of trash or hazardous
material does not occur on or adjacent to the Project site.
Identify contemplated service contracts with private concerns such
as garbage removal, restroom cleaning, security guards, etc.
security: Identify the parties responsible for preventing
vandalism, trespassing, and other property damage. Identify
measures to protect the Project site and the public using the site
such as on-site manager, security guards, neighborhood watch,
emergency phones, etc.
staffing: Identify the expected staffing requirements for
management of the Project site including both permanent and
volunteer staff.
Natural resource protection: Identify the natural resources at the
Project site and the issues, problems, and proposed management
techniques associated with protection of those natural resources.
Management techniques should include, but not be limited to, a
baseline survey of listed plant and animal species, protection of
listed plant and animal species, protection of imperiled or
critically imperiled vegetative communities, protection of
geological features, protection of surface water and groundwater
quality and hydrology and prescribed burns.
Identify monitoring activities to insure the continued viability of
vegetative communities and listed species found on the Project site.
The monitoring plan should include periodic surveys of the
vegetative communities, listed plant species, and listed animal
species found on the Project site. Provide for forwarding survey
information on the occurrence of listed plant and animal species to
the Florida Natural Areas Inventory.
Resource restoration and enhancement: Identify the primary
components of the Project Site enhancement and restoration effort,
if any. These might include removal of invasive exotic plant
species, removal of feral animals, restoration of wetlands,
improvement of surface water quality, recovery plan for listed
species, and restoration of uplands habitat. This section should
include a time frame for implementing and completing the activities
and a monitoring program to insure success of the resource
enhancement activities. Identify parts of the property that require
different degrees or types of enhancement management.
Archeological and historical resource protection: Identify any
archeological or historical sites on the Project site and the
primary components of managing the archeological or historical
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8 2 9 0 9 3 2a I 2 9 7 PAGEl I 0 6
sites. outline procedures to protect archeological or historical
sites that may be identified in the future.
Incorporate a provision that if any archaeological and historic
resources are discovered at the Project site, the Recipient shall
comply with the provisions of Chapter 267, Florida statues
specifically sections 267.061 (2) (a) and (b). Provide for
coordination with the Division of Historical Resources, Florida
Department of state.
coordination: Explain how the management of the site will be
coordinated with other adjacent land owners and other resource
protection agencies. For example, in the case of prescribed burns,
what measures will be used to minimize impacts on nearby residential
properties? Identify measures to protect the Project sites from
adjacent off-site activities that might impact resources on the
Project site such as pesticide spraying on adjacent property, water
treatment facility discharging into creeks flowing through Project
site, etc.
Include provisions to coordinate with other agencies for appropriate
guidance, recommendations, and necessary permits that may be related
to the Project Site, such as the following: the Florida Game and
Fresh Water Fish Commission and u.s. Fish and wildlife service to
avoid impacts to listed species; the Water Management District and
Department of Environmental Protection to ensure that development of
the Project Site is done in a manner to protect or improve water
quality; the Division of Forestry and the Game and Fresh Water Fish
Commission on the implementation of a prescribed burn program; other
local, state, or federal agencies special management plans, if
appropriate.
COST ESTIMATE AND FUNDING SOURCE
Identify the estimated costs of the various development and
management activities outlined in the management plan. For review
and analysis purposes, the estimated costs should be separated into
the same categories as the identified activities.
Identify the entity that will pay for development and management of
the Project site and some measure of the commitment or capacity to
provide these monies. For example, adequate personnel and resources
in the local parks and recreation department may exist to address
the added burden associated with the Project site. Identify any
citizen organization or non-profit groups committed to providing
services or funding and a measure of commitment or capacity to
provide these services.
PRIORITY SCHEDULE
Identify a proposed time line for implementing the development and
management activities of the management plan based on established
priorities and the availability of funds. Provide a graphic display
of the implementation time lines.
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~f~ I 2 9 7 PAGEl I 0 7
MONITORING
Identify procedures for assessing progress in achieving goals set
forth in the management plan such as the percentage of property
restored, inventory of species using the Project Site, etc.
Identify procedures for periodic amendment to the management plan,
when appropriate. Include a provision acknowledging responsibility
for preparing an annual stewardship report to the FCT, due on the
anniversary date on which the Project Plan was approved by FCT.
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829093
Rt~ I 2 9 7 PAGEl I 0 8
Exhibit "B"
Rule 9K-S.Ol0 Accounting Requirements. The grantee shall
maintain an accounting system which provides for a complete record
of the use of all funds connected with 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
with accounts for source and application of funds, a
separate checking account may be used.
(3) Effective control over and accountability for all funds,
property, and other assets.
(4) Comparison of actual outlays with amounts in budget.
(5) Procedures to minimize the time elapsing between the
transfer of funds from the Trust and the disbursement by
the grantee.
(6) Procedures for determining reasonableness, allowability,
and allocability of costs.
(7) Accounting records that are supported by source
documentation, for example: invoices, bills, canceled
checks.
(8) An independent audit performed in accordance with
section 11.45, Florida statutes, and rules of the
Auditor General of the State of Florida. Such audits
should be conducted at least every two (2) years.
Specific 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 9K-S.Ol1 Retention of Accounting Records.
(1) Financial records, supporting documents, statistical
records, and all other records 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 litigation, 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/93-002-CS1-P3A
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2t~ I 2 9 7 PAGEl I 0 9
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, 374.045, 380.507(11), F.S.
Law Implemented 259.101, 375.045, 380.510, F.S.
History--New 6-30-93.
Rule 9K-S.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 form 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, 380.507(11), F.S.
Law Implemented 259.101, 375.045, 380.510, F.S.
History--New 6-30-93.
GCj93-002-CS1-P3A
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829093
~t~ I 2 9 7 PAGEl I I 0
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 Ouarterlv ReDort Period should
indicate only the date of the current quarterly period being
submitted.
proiect DescriDtion should be a maximum of two paragraphs,
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 Acauisitions should list and briefly describe all
acquisitions identified in the Grant Proposal and Contract.
proiect Proaress bv Ouarter should become a cumulative report
throught the life of the project. Please address specific
progress made toward completion or satisfaction of each
acquisition. The acquisition itself need not be reiterated, but
the acquisition numbers should correspond with the Project
Acquistion 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/93-002-CSI-P3A
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829093
m I 2 9 7 PAGEl I I I
PROJECT ACQUISITIONS:
Acquisition 1.
Acquisition 2.
Acquisition 3.
(List all acquistions listed in grant contract.)
PROJECT PROGRESS BY QUARTER:
1st Quarter (dates)
Acquisition 1.
Acquisition 2.
Acquisition 3.
(Describe any project implementation problems encountered, if
applicable. )
2nd Quarter (dates)
Acquisition 1.
Acquisition 2.
Acquisition 3.
(Describe any project implementation problems encountered, if
applicable. )
3rd Quarter (dates)
Acquisition 1.
Acquisition 2.
Acquisition 3.
(Describe any project implementation problems encountered, if
applicable. )
4th Quarter (dates)
Acquisition 1.
Acquisition 2.
Acquisition 3.
(Describe any project implementation problems encountered, if
applicable. )
GC/93-002-CS1-P3A
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r,
829093
R~bI297P~GUI12
EXHIBIT "0"
ANNUAL STEWARDSHIP REPORT REQUIREMENTS
GC/93-002-CS1-P3A
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3
"
"
829093
~t~ I 2 9 7 PAGEl I I 3
EXHIBIT "D"
ANNUAL STEWARDSHIP REPORT REQUIRBKENTS
Rule 9K-S.01S, Florida Administrative Code requires the Recipient
of a grant award from the Florida communities Trust (FCT) to
prepare an annual stewardship report due on the anniver~ary of the
date on which the project plan was approved by the Fer 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
th'e 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 format 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 management 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 management plan approved by the FCT. These activities should
include all physical improvements, maintenance, security,
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 BEHIND CONTINU- COMPLETED
PAGE NO. SCHEDULE/ SCHEDULE ING
NOT BEGUN
Any activity that is behind schedule must 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
ITY
MANAGEMENT ENTITY
GROSS AMOUNT RECEIVED
R....... in ~ 1iIcA_ ~
,"-~.-.
~-
MHNY L IO..HAeE
C\efII ClIr'c1.rit o.urt