Item S09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
September 20, 2000
Division; County Attorney
AGENDA ITEM WORDING:
Approval for the Mayor to execute a quit claim deed transferring the title to, and
responsibility for, the Marathon Community Park to the City of Marathon when the
approval for the transfer is granted by the Florida Communities Trust.
ITEM BACKGROUND:
As directed by the BOCC, the County and City staff have negotiated for the transfer of the
Park.
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION:
Approval
TOTAL COST:
BUDGETED: Yes
No
Cost to County:
APPROVED BY:
County Attorney
x
OMB/Purchasing
Risk Management
DIVISION DIRECTOR APPROVA~
DOCUMENTATION: Included ~ To Follow _ Not reqUired
AGENDA ITEM #
1- S r
QUITCLAIM DEED
THIS DEED, made this
day of
, 2000, by the Board of County
Commissioners of Monroe Co~.nty, a political subdivision of the Stat~ of Florida and party of the
first part, to the City of Marathon, a municipality incorporated in the State of Florida and party of
the second part, whose address is PO Box 500430, Marathon, FL 33050.
WITNESSETH that the said party of the first part, for and in consideration of the
assumption of jurisdiction and responsibility over the property conveyed herein does hereby
remise, release and quitclaim unto the said party of the second part forever, all the right, title,
interest, claim and demand which the said party has in and to the following described real
property lying and being in Monroe County, Florida, to wit:
The Marathon Community Park site currently considered lying in the new
municipality of the City of Marathon as described on Exhibit "A" attached hereto
and incorporated herein by reference.
The above Marathon Community Park site is subject to all covenants and
rstrictions of the Florida Communities Trust Area of Critical State Concern Program
Grant Contract dated February 28, 1996, attached hereto as Exhibit Band
incorporated herein by reference.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise pertaining, and all the estate, right, title, interest, lien, equity
and c;:laim whatsoever of the said first party, either in law or equity, to the proper use, benefit and
behoof of the said second party forever.
IN WITNESS WHEREOF the said party of the first part has caused these presents to be
executed in its name by its Board of County Commissioners acting as the Mayor of said Board, the
day and year aforesaid.
(SEAL)
AlTEST: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
This Instrument prepared by:
Rob N. Wolfe, FBN 309370
Assistant County Attorney
502 Whitehead Street - 3rd Floor
Key West, FL 33040
Jdconcomquitmcp
LEGAL DESCRIPTION
MARATHON COMMUNITY PARK
A tract of land and submerged lands, being a part of Government Lot 3, Section 10,
Township 66 South, Range 32 East, at Marathon, Key Vaca, Monroe County, Florida,
lying Southerly and adjacent to US Highway No.1, and being more particularly described
by metes and bounds as follows:
COMMENCING at the intersection of the East line of said Government Lot 3 and the
Southerly right-Of-way line of US Highway No.1; bear S 74 degrees 20 minutes 00
seconds W, along the Southerly right-of-way line of US Highway No.1 for 823.25 feet to
the POINT OF BEGINNING of the tract of land and submerged lands hereinafter
described, from said POINT OF BEGINNING continue bearing S 74 degrees 20 minutes
00 seconds W for 684.60 feet; thence S 15 degrees 40 minutes 00 seconds E for
1088.02 feet; thence bear N 74 degrees 20 minutes 00 seconds E for 506.60 feet;
thence bear N 06 degrees 22 minutes 00 seconds W for 1102.48 feet, back to the POINT
OF BEGINNING.
EXHIBIT A
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This document prepared by:
Ann J. wild . .
Florida Communities' Trust
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
CONTRACT # f'~ 't".,r-~II ,rS-(,5,. /!'II-OO/
PROJECT HAHE Recreation and
Open Space
FLORIDA COMMUNITIES TRUST
PROPOSAL HUHBER '5-001-CS3
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.~., iJIIS~TRACT is entered into on
~9", by~ani between the FLpRIDA CO ITIES UST (FCT) , a
nonre~lator~ agency within the State of Flo da Department of
aommunity 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;
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WHEREAS, the Governor and Cabinet authorized the sale and
issuance of State. of Florida Department of Nat\lral Resources
Preservation 20DO Revenue Bonds (Bonds); ,-
WHEREAS, the Bonds were issued as tax-exe~pt bonds, meaning
that the interest on the Bonds is excluded from the gross income
of Bondholders for federal income tax purposes;
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WHEREAS, Rule Chapter 9K-5, F.A.C., sets torth 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 Concern;
WHEREAS, the FCT Governing Body met on November ~, 1995, 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.;
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 FeT Recipient prior to the release of any funds;
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 located; 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
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(60) days of mailing by FCT to the FCT Recipient. Upon receipt
by FCT of the sigped Contracts, FCT will execute the Contracts,
retain one original. copy and return all other Gopies 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
such manner and in such other places as FCT may reasonably
request, and shall pay all fees and charges incurred in
connection therewith, and shall provide FCT with a copy of the
recorded Contract.
3. The FCT Recipient and FCT agree that the state of
Florida Department of Environmental Protection I 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 Recipien~ shall amend the
Contract accordingly.
4. This Contract may be amended at any time. Any
amendment must be set forth in a written instrument and agreed to
by both the FCT Recipient and FCT.
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 d71ivery if by personal delivery or expedited delivery
serv1ce, 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
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FCT Recipient:
Monroe-County, a political subdivision
of the state of Florida
2798 Overseas Hi~hway - Suite 410
Marathon, FL 330 0
ATTN: Planning Director
8. If any prov1s1on 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 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.
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2. All matching grants from the Area of Critical state
Concern Program shall be used for volunt~ily ~egotiated
transaction, pursuant to Sec. 380.507(11), F.S~, for land
acquisition that assists an Area of crit.ical state Concern county
to implement or further the conservation, recreation and open
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space, or coastal management elements of the local comprehens1ve
plan, to conserve natural resources, to resolv~ land use
conflicts, and to implement land development r~gulations which
further the principles for guiding developmentiestablished for
that Area of Critical state Concern. "Voluntarily negotiated
transaction" means an arms length market value transaction
between a willing seller and a willing buyer.
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) , F.A.C., and as
set forth in Proposal 95-001-CS3.
4. The FCT Recipient hereby agrees to fully perform the
project as described in the Proposal 95-001-CS3. The scope and
nature of the project work for which the grant assistance is
authorized shall be as follows:
The purchase of specified parcels of land to implement
portions of the recreation and open space element and the
conservation and coastal management element of the Monroe
County Year 2010 comprehensive Plan, as described in
Proposal 95-001-CS3.
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5. The FCT Preservation 2000 Bond Series award granted to
the FCT Recipient. shall in no event exceed One million seven
hundred twenty thousand and 00/100 Dollars (S1,-720, 000. 00) .
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,
fOllowing the guidelines set forth in Exhibit "An, 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 ent~ty, 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,
F.A.C. ;
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
One million seven hundred twenty thousand and 00/100 Dollars
($1,720,00Q.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 PCT funds shall be delivered within 30
days of receipt of notification in the form of a state warrant
payable to the FCT Recipient. The restricted account shall be
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the receiving account for the FCT matching grant and shall be
subject to the accounting and auditing provisions set forth
Exhibit "B" attach~~ hereto and made a part her~of.
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 PCT 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, Plorida statutes. FCT Recipient
hereby certifies that on November 9~ 1995, the status of the
Monroe County comprehensive flan was that the stipulated settlement
agreement dated February 7, 992, was executed by the Fcr Recipient
and the Department. Further, by action of the Administration
Commission 97% of the Comprehensive Plan takes effect on January 4.
1996.
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 November 9,199~ whichever occurs
first, unless extended by the FCT. The FCT desires that the
project be concluded within the above-stated time frame.
However, the FCT governing body shall have the discretion to
extend the grant at the written request of the Recipient when
compelling and extraordinary circumstances impede the Recipient's
ability to timely conclude the project. Such extension and
duration of time shall be at the sole determination of the PCT
governing body and shall be based upon factual information
presented in support of the request.
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 rema1n1ng in the
restricted account as a result of early termination of a project
grant or from completion of the project at less than anticipated
costs 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
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prior to November 9. 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.
IS. The PCT Recipient hereby agrees 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-5.009(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.
Quarterly reports shall be due on the last day of each calendar
quarter (March 31, June 30, September 30, December 31) commencing
the last day of the first full quarter after the date of grant
selection,which is March 31, 1996. Quarterly reports are not
required after the completion of the project or expiration of the
Contract, whichever occurs first.
17. Purs~ant to Rule 9K-5.015, F.A.C., the Recipient hereby
agrees to submit annual stewardship reports to FCT according to
Exhibit "D" attached hereto and made a part hereof. The annual
ste~ardship reports shall be due on the anniversary of the date
on which the management plan was approved by the FCT governing
body. Annual stewardship reports submitted while the project is
in progress shall include the quarterly report due that quarter.
Annual stewardship reports are required after the project
completion in order that the FCT can monitor the stewardship and
use of the property for implementation of the management plan and
on-going compliance with terms of this Contract.
III. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY
CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III,
FLORIDA STATUTES.
1. In accordance with Section 380.S07(11), F.S., and Rule
9K-5.006(2)(a)3., P.A.C., either the land acquisition procedures
of the Florida Communities Trust set forth in Rule Chapter 9K-6,
F.A.C, or the adopted land acquisition procedures of a local land
authority shall be used for the acquisition of the Property
hereunder. Recipient hereby advises FCT that it elects to use
the land acquisition procedures of the Monroe County Comprehensive
Plan Land Authority
[specify either FCT or the local land authority].
2. Any deed whereby the FCT Recipient acquires title to a
Project Site shall incorporate by reference the covenants and
restrictions of this Grant Contract to ensure that the use of the
Project Site at all times complies with Section 375.051, Florida
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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 Tt~stees 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 BookI3~3,
Page \~~t, Public Records of Monroe County~orida.
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 of
the Internal Improvement Trust Pund 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 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
people of Plorida.
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 Pund, unless PCT negotiates an
ag:eement with another local government or nonprofit organization
wh1ch agrees to accept title to all interest in and to manage the
Project Site.
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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 exe~cise or the threat
of the exercise of the power of eminent domainf the FCT Recipient
shall deposit with the FCT any insurance proceeds or any
condemnation award, and shall promptly commenc~ 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 f6regoing, FCT shall have
the right to seek specific performance of any of the covenants
and restrictions of this Agreement concerning th~ 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 ~
001-CSJ, 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 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 PCT-approved
management plan.
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5. FCT staf~ ~p fA 4-dUIY author\l~ed 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, ve~etation 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.
V.OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF
BOND PROCEEDS
1. If the Project site is to remain subject, after its
acquisition 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;
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c. any sales contract or option to buy things
attached to the P~oject 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. 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
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;
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c. a sale of things attached to the Project Site to
be severed from the Project site to any person or organization;
d. any change in the character or use of the Project
site from that use expected at the date of the issuance of any
series of bonds from which the disbursement is to be made;
e. any use of the Project Site by any person other
than in such person's capaoity 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.
GC/95-001-CS3
12-14-95
11
93623'-1
~~~ I 3 9 3 PAGE I 9 I 2
)
VI. CONDITIQNS PARTICULAR TO THE PROJECT BITB TO BB
INCLUPED IN THB APPROVED MANAGEMENT PLAN
In addition to the management plan conditions set forth in
Section II. 7, the management plan submitted by the Recipient for
the project sites described in proposal 95-QOI-CSJ shall include
provisions for the following:
1. Coordination with the Department of Environmental Protection
and South Florida Water Management District 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.
2. Coordination with bond counsel to insure that activities
proposed on the site do not put the tax-exempt status of the
bonds at risk.
~-)
3. Coordination with the Interagency Committee 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.
4. site design and development shall include the removal of all
invasive exotics, use of native plantings in all landscaping and
providing vegetative buffers around the project sites.
5. In that both Snapper Cay and Haggai sites have been determined
important to preservation of migratory bird habitat, fifty
percent of each site will be restored in terms of ecological
function in order to complement other parcels included in the
Tropical Flyway CARL project and other preservation and park
lands that provide habitat to migratory birds.
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 "D"
embodies the entire contract between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Contract.
MONROE COUNTY
FLORIDA COMMUNITIES TRUST
)
GC/95-001-CS3
12-14-95
12
93523Lf
B~L;.l~~ ell... a_
Title: M or/Chairman
~~~ I 3 9 3 PAGE I 9 I 3
~?~~ P 4<~
James F. Hurl y, Chair
Date:
ItI-Jo-'.s-
Date:~,. 2~\ 19~G,
Accepted as to Form and Legal
Suffi iency:
Accepted as to Form and Legal
s~
Date:.__~
At st:DANNY L. KOLHAGE, Clerk
By ~~ (f~~
STATE OF FLORIDA
COUNTY OF LEON
)
,~~"'''''~ ANN J. WILD
!:~~~\ Jl( COMf,ISSlON I cc 224224 EXPIRES
~\~I i August 30. 1996
'i:f:.~0;-r...f) IONllED1IAITllOY fAlllINSUMHCUIC.
''i,''M.''
instrument was~f:i:itt me this02?L
, 199~ byfJAMES F. MURLEY, as Chair of the
Trust. He is personally known to me.
~ 3-tWL
Notary Pub .
Print Name:
Commission No.
My Commission Expires:
The
day of
Florida Commun1t~e
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 199 , by , as
- He\She is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
)
GC/95-001-CS3
12-14-95
13
93623LJ
~[ffC I 3 9 3 PAGE I 9 I 4
EXHIBIT' 'A"
)
FLORIDA COMMUNITIES TRUST
PRESERVATION 2000 AND ACSC PROG~S
Technical Assistance Bulletin: 02
writinq a Manaqement 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 incorporat~d 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 a table of contents of the management plan.
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.
)
PURPOSE OF THE PROJECT AND HANAGEMENT
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
conservation, outdoor recreation,
category once the land is acquired.
the
open
land use designation to
space, or other similar
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.
) SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS
Incorporate a provision for requesting written approval from the FCT
before undertaking any site alterations or phys~cal improvements that
are not addressed in the FCT approved management plan.
rev; 1/114
)
:)
.j
9 3 6 2 3 ~ n~~ I 3 9 3 PAGE I 9 I 5
Physical Improvements: Identify ani 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
permi ts 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.
Easements, concessions, or leases: 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.
~nclude .a prC!cedure to provide 60 days prior written notice and
1nformat1on regarding any lease of any interest, the operation of any
conc~ssion, any sale or option, any use other than by a member of the
publ1C, and management contracts of the Project site with non-
governmental persons or organizations.
KEY MANAGEMENT ACTIVITIES
Maintenance: Identify required maintenance activities, including but
not l~mited to, trash removal, site cleanup, and facilities upkeep.
Ident1fy 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.
rev. J /94
?
9 3 6 2 3 ~ ~~f I 3 9 3 PAGE I 9 I 6
securitYI 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.
stattingl 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 Plorida 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.
Arcbaeoloqical and bistorical resource protection: Identify any
archaeological or historical sites on the Project site and the primary
components of managing the archeological or historical 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 Site 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.
rev. 3/94
J
)
93623 t-f ~~~, 393 PABf I 9 , 7
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 tbe 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.
h'~)
PRIORITY SCHEDULE
Identify a proposed time line for implementing the development and
management acti vi ties of the management plan: based on established
priorities and the availability of funds. Provide a graphic display
of the implementation time lines.
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.
The Florida Communities Trust
2740 Centerview Drive
Tallahassee, FL 32399-2100
904/922-2207
SunCoDl 292-2207
)
f-ev~ 3/94
'"
93623~
~~~ I 3 9 3 PAGE I 9 I 8
)
Exhibit "B"
Rule 9K~5.010 Accountinq Requirements. Th~ 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, Plorida 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-5.011 Retention of Accountinq 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
findings involving the records have been resolved.
)
GC/95-001-CS3
12-14-95
1
93623lf
~~~ I 3 9 3 PAGE I 9 I 9
)
(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-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 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:
-)
(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.
.,J
GC/95-001-CS3
12-14-95
2
. "
. ., '\, .'
)
'~)
)
936234
~~~ I 3 9 3 PAGE I 9 2 0
EXHIBIT lie"
QUARTERLY PROGRESS REPORT
Please fill in all Project Identification information as
requested. The performance reports will be cumulative in terms of
information presented, but the Ouarterly Report Period should
indicate only the date of the current quarter It period being
submitted.
Project Description 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.
Project Acquisition~ should list and briefly describe all
acquisitions identified in the Grant Proposal and Contract.
Project proqress by Ouarter should become a cumulative report
throughout the life of the project. Please address specific
progress 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:
EFPECTIVE DATE OF AWARD:
QUARTERLY REPORT PERIOD:
PROJECT DESCRIPTION:
GC/95-001-CS3
12-14-95
1
. ,. I..
,
, .
935284
~~~ I 3 9 3 PAGE J 9 2 I
)
PROJECT ACQUISITIONS:
Acquisition i..
Acquisition 2.
Acquisition 3.
(List all acquisitions 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/95-001-CS3
12-14-95
2
..' .' p ,
. "
'.
, .
')
'-)
,)
1 ,. ~ .
93629Lf
~~~ I 3 9 J PAGE! 9 2 2
EXHIBIT "0"
ANNUAL STEWARDSHIP REPORT REQUIREMENTS
Rule 9K-5.015, 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 anniversary of the
date on which the management 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 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 HANG. 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
ACTIVITY MANAGEMENT ENTITY GROSS AMOUNT RECEIVED
GC/95-001-CS3
12-14-95
~Wd In omcl.I~" '
". M{'(l(;IG r..,unty. Aorld. ,
~..tVul~o~ .
DANNY J.. KOLl1AGZ
Clerk Circuit C.lln
J