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HomeMy WebLinkAboutR-1996-023RESOLUTION NO. 23-96 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING GONCEPTUAL APPROVAL AGREEMENT WITH THE CITY OF DANIA AND THE FLORIDA coMMUNtTtES TRUST ("FCT"), A NONREGULATORY AGENCY WITHIN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RELATING TO PROJECT SITE IN FCT APPLICATION 95-038- P56\WHISKEY CREEK CONSERVATION CAMPGROUND; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CIry COMMISSION OF THE CITY OF DANIA, FLORIDA. Section 1. That the Conceptual Approval Agreement with the City of Dania and the Florida Communities Trust ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, relating to project site in FCT application 95- 038-P56\WHISKEY CREEK CONSERVATION CAMPGROUND as set forth in Exhibit "A" attached hereto and made a part hereof, be and the same is hereby approved and the appropriate city officials are hereby directed to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 12th DAY O ATTESTf,*rfu.h- CII-'" CLEffiUD{TOIR APPROVED AS TO FORM AND CORRECTNESS: *^l c. G/r,*, 96 R.COMMISSIONER F h crrvafrnNev RESOLUTION NO.23-96 FCT Contract #FLORIDA COMMUNITIES TRUST P56 AWARD# 95-038-P56 CONCEPTUAL APPROVAL AGREEMENT THIS AGREEMENT is entered into on 1996, the date the last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and CITY OF DANIA (FCT Recipient), a local government of the State of Florida. The intent of this Agreement is to impose terms and conditions on the use ofthe proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), that are necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Sections 259.101,375.045, and Chapter 380, Part III, Florida Statutes (FS) WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local govemments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies ofthe conservation, recreation and open space, and coastal elements oflocal comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.101(3)(c) of the Florida Preservation 2000 Act provides for the distribution often percent (10%) ofthe 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; WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds (Bonds); WHEREAS, the Bonds are issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income ofBondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K-4, Florida Administrative Code @.A.C.), describes the procedures for evaluation and selection oflands proposed for acquisition using funds allocated to the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund; ;XH IBlT ";. cAA/95-038-P56 2-8-96 1 WHEREAS, the FCT Governing Body met on Decemb er 14, \995, to score, rank and select projects that were to receive Conceptual Approval for funding; WHEREAS, the FCT Recipient's project, described in an application submitted for evaluation, was selected for funding and in accordance with Rule Chapter 9K-4, F.A.C., and more particularly described within this Agreement; WHEREAS, Rule 9K-4 010(2X0, F A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual Approval that must be satisfied by FCT Recipient prior to the disbursement ofany FCT Preservation 2000 funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Series Bond Proceeds. 2. The name Conceptual Approval Agreement is used to indicate that the project has been approved as a concept that was described in FCT Application #95-038-P56. Since the project site has not yet been negotiated for acquisition, some elements ofthe project are not yet known, such as the purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. The Conceptual Approval Agreement is in every respect a grant contract between the parties. The Agreement describes activities that will be conducted both prior and subsequent to acquisition ofthe project site, which is the subject ofthe application that was submitted and selected for funding by the FCT. cAA/95-038-P56 2-8-96 2 NOW THEREFORE, FCT and FCT Recipient mutually agree as follows: I. GENERAL CONDITIONS l. At least two original copies ofthis Agreement shall be executed by FCT Recipient and returned to the FCT ofiice at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 as soon as possible and before April l, 1996. Upon receipt ofthe signed Agreements by FCT , FCT will execute the Agreements, retain one original copy and return all other copies that have been executed to FCT Recipient. Ifthe FCT Recipient requires more than one original document, the FCT Recipient should photocopy the number ofadditional copies needed, and then execute each as an original document. 3. Conceptual Approval for funding shall be until November 8, 1996. In the event the project has not been completed in full by November 8, 1996, the Conceptual Approval Agreement must be extended in order that the grant will remain in effect. In advance ofthe November 8, 1996, date and in sufficient time before a meeting of the FCT goveming board that would allow approval ofan extension to this Agreement before its expiration, the FCT Recipient must request a written extension to the Conceptual Approval Agreement for project continuation in compliance with Rule 9K-4.010(2Xk), F.A.C If the FCT Recipient does not request an extension, or if an extension is not granted to the FCT Recipient by the FCT Governing Body, the Preservation 2000 award granted to the FCT Recipient by the Goveming Body shall terminate and all obligations hereunder shall cease. 4. Extensions to this Agreement, described in Paragraph 3 above, shall not exceed two (2) years from date the Agreement was approved by the FCT, except as described in this paragraph. Ifthe project is not concluded by February 7, 1998, the project may only be extended if the FCT Governing Body determines that a request for additional time to complete the project is based upon compelling and extraordinary circumstances that would have precluded the project from having been concluded sooner. This two-year limitation is based upon the FCT's continuing concern at the length oftime required by many local governments to conclude their projects, as well as the Florida Legislature's on-going concem at the rate ofexpenditure ofFCT's Preservation 2000 funds. 5. This Agreement may be terminated before its expiration at the written request of the FCT Recipient. Such a request shall fulty describe the circumstances that compel the FCT Recipient to terminate the project. A request for termination should be mailed to the ofiices of the FCT at the address given in paragraph 1 above. The request for termination will be placed on the agenda ofthe nex regularly scheduled meeting ofthe FCT Goveming Body for concurrence by the FCT. The termination shall be acknowledged by the FCT in a letter to the FCT Recipient. Circumstances may arise that, in the analysis of the FCT, warrant termination of the project before its completion . In such an event, the FCT will advise the FCT Recipient ofits analysis and will confer with the FCT Recipient on continuation of the project. If the FCT Recipient concurs, a request for termination will be considered at the next regularly scheduled meeting of the FCT Goveming Body. 6. FCT Recipient agrees to make diligent efforts to submit the documentation that is required in this Agreement as soon as is reasonably possible to FCT so that the Project Site may be acquired in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines, whether stated in this Agreement or associated with meetings of the FCT Governing Body, may result in delays in the project, may result in allocation of time or resources to other recipients that responded timely, and may result in this Agreement being voidable. It is the responsibility ofthe FCT Recipient to know all project deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. 7. The FCT Preservation 2000 award granted to the FCT Recipient will in no event exceed the lesser of EIGHTY-FIVE percent (85%) ofthe final total project costs, as defined in Rule 9K-4.002(31), F.A.C., or SEVEN HLINDRED EIGHTEEN THOUSAND TWO HLII.{DRED FIFTY AND 00/100 Dollars ($718,250.00), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K-4.011(2)(a), F.A.C. 8. The grant amount stated in paragraph 7 above is based on the FCT Recipient's estimate of Total Project Costs in application # 95-038-P56, as well as limits on awards in the Notice of Application Period announcing the application cycle. When disbursing funds for the project, the FCT will recognize the actual total Project Costs, defined in Rule 9K-4.002(31), F.A.C., for acquisition ofthe Project Site. The total project costs will be reflected on a grant cAA/g5-038-P56 2-8-96 J reconciliation statement prepared pursuant to paragraph l0 below. The FCT will participate in the land cost at either the actual purchase price, or the maximum approved purchase price based on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is less, and multiplied by the percent stated in paragraph 7 above.. 9. The FCT Governing Body has given Conceptual Approval for funding to acquire the entire Project Site identified in the FCT Recipient's application #95-03 8-P56. The Governing Body reserves the right to withdraw the FCT award ifthe acreage that comprises the Project Site is reduced so that the objectives ofthe acquisition cannot be achieved. Where the Project Site is comprised of multiple parcels, the Governing Body reserves the right to withdraw the FCT award if the priority parcel(s), identified in the acquisition plan prepared pursuant to Paragraph 4 of Section II below and attached as Exhibit "A " to this Agreement, cannot be acquired. 10. The FCT funds shall be delivered either in the form of eligible Project Costs prepaid by FCT to vendors or in the form of a state warrant at the closing ofthe Project Site to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State, or to the FCT Recipient to the extent expended by the FCT Recipient in excess of any local match required. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing ofeach parcel only the share ofthe FCT award that corresponds to the parcel being closed. FCT will prepare a grant reconciliation statement prior to the closing ofthe Project Site parcel that will evidence the amount of local match, if any is required, provided by the FCT Recipient and the portion ofthe FCT award that corresponds to the parcel being closed. Cash expended by the FCT for eligible Project Costs incurred by the FCT will be recognized as part ofthe FCT grant award amount on the grant reconciliation statement. I l. The FCT Recipient's local match, ifany is required, shall be delivered either in the form of eligible Project Costs prepaid to vendors by the FCT Recipient, or in the form ofcash, eligible donation ofland value or FCT Recipient's warrant at the closing ofthe Project Site. Ifthe Project Site is comprised of multiple parcels, the FCT Recipient shall deliver at the closing ofeach parcel the share ofthe local match, if any is required, that corresponds to the parcel being closed. The cash expended by the FCT Recipient for eligible Project Costs incurred by the FCT Recipient conducting acquisition activities will be recognized as part ofthe local match, if any is required, on the reconciliation statement prepared pursuant to paragraph 10 above. In the event FCT Recipient's application #95-038-P56 represents that land is the source oflocal match, if any is required, the value attributed to the land local match, if any is required, shall be determined after an appraisal report that complies with the procedures and requirements set forth in Rule 9K- 6.007, F.A.C. cAA/95-038-P56 2-8-96 4 12. The FCT Goveming Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series P56 Funding Cycle on September 14, 1995, at which time the Project Site became part ofa list oflands that were approved for consideration for land acquisition. If action initiated by the FCT Recipient that is the local govemment having jurisdiction over the project site, subsequent to September 14, 1995, results in a governmentally- derived higher value due to an enhanced highest and best use, the FCT acquisition activities will be terminated unless the seller agrees that the appraisal wi[[ be done at the highest and best use of the Project Site on or before September 14, 1995. 13. FCT Recipient hereby notifies the FCT that the following individual is the authorized key contact, or project manager, on behalfofthe FCT Recipient for purposes of coordinating project activities for the duration ofthe project: Name:Michael W. Smith Title:Citv anAopr 100 l,rlest Dania Bch. Blvd. an a,3300 Phone 921-8700 Ext.201 Fax:(e54) 921 -2604 II.EQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION OF PROJECT SITE NEGOTIATION l. As was requested in the letter from FCT to FCT Recipient dated December 20, 1995, the FCT Recipient must provide FCT with copies ofthe Property Tax Identification cards for each parcel that comprises the Project Site no later than February E, 1996. (e54) 2. The FCT Recipient hereby notifi [note: elect either FCT, FCT Recipient or FCT all negotiation and acquisition activities. es the FCT tha Michael W. Smitht Recipient Agent] will be the party responsible for The parties agree that mutual agreement as to the terms ofthe real estate contract is in the best interest ofboth parties and agree to share all information regarding the acquisition of the project site. In particular, the parties agree that prior to initiation of negotiations with owner(s), the appraisal(s) and appraisal review memoranda will be provided by the party responsible for all negotiation and acquisition activities to the other party. 3. As was requested in the letter from FCT to FCT Recipient dated December 20, 1995, no later than March l, 1996, the FCT Recipient must deliver to FCT a written statement from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer from the FCT Recipient and FCT. 4. Pursuant to Rule 9K-4 010(2X,), F A.C , in the event the Project Site is comprised of multiple parcels, FCT Recipient will provide an acquisition plan attached as Exhibit "A" and made a part of this Agreement. The acquisition plan must be approved by FCT prior to the cAA/95-038-P56 2-8-96 5 14. This Agreement may be amended at any time prior to FCT giving project plan approval to the FCT Recipient. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. commencement of negotiations for any parcel in the Project Site. The acquisition plan addresses the order in which the Project Site parcels will be acquired and the measures that will be taken to assure that the entire Project Site will be acquired with the FCT Preservation award to the FCT Recipient. Approval ofthe Conceptual Approval Agreement, with the acquisition plan attached as Exhibit "A", shail constitute approval ofthe acquisition plan by FCT. 5. No later than April f, 1996, the FCT Recipient shall execute a Confidentiality Agreement pursuant to Rule 9K-6.010(5), F.A.C. A sample of a Confidentiality Agreement is attached as Exhibit "B"; an Agreement specific to this project will be prepared by FCT for execution by the FCT Recipient. This Confidentiality Agreement is not a Part ofthis Agreement and may be amended without amending this Agreement, if needed. 6 By execution of this agreement, the FCT Recipient affirms that: the FCT Recipient is ready, willing and able to provide the local match, ifa b. the FCT Recipient reaffirms the representations made in FCT Application #95-038-P56; c. the FCT Recipient shall, on the anniversary date ofthe approval ofthe project plan by the Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. d. the FCT Recipient authorizes the individual named in this paragraph to execute all documents in connection with this project on behalfofthe FCT Recipient, including but not limited to the Conceptuai Approval Agreement or any addenda thereto, purchase agreement for the property, grant reconciliation statement, closing documents, statements submitted as a part ofthe project plan, and Grant Award Agreement pursuant to Rule 9K- 6.014(6), F.A.C.: Name:l,f ichael W. Smith Ti City Manager ES n'l a cAddress Dan i a , Fl 33004 Phone:(y5+J yzI-uluu L xt. zubax. (954) 92L-2604 III. PROJECTPLANAPPROVAL L Prior to closing ofthe real estate transaction and final disbursement of award funds by FCT, the FCT Recipient must prep.fe a project plan that complies with Rule 9K-4.011, F.A.C. This project plan is a compilation of the following items listed below, which must be reviewed and approved by FCT in a meeting ofthe Goveming Body. In the event that the FCT Recipient is a partnership, the FCT Recipient must provide FCT with the interlocal agreement that sets forth the 6 any is required; cAA/95-038-P56 2-8-96 relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its project plan. The project plan shall include, and shall not be considered by FCT unless it includes all ofthe following: a. A purchase agreement for acquisition ofthe Project Site, executed by the property seller and the FCT Recipient, that is based on an appraisal or appraisals prepared consistent with the requirements of Rule Chapter 9K-6, F.A C., and be otherwise consistent with the provisions ofthat rule chapter and in a form and with terms that are acceptable to FCT. (See Paragraph I of Section IV below) b. A management plan that complies with the following: written according to Exhibit C (FCT Technical Assistance Bulletin #2-Writing a Management Plan), which is attached hereto and incorporated herein by reference; acceptable to FCT, addresses the criteria and conditions set forth in Section V, \1, VII and VIII hereinbelow; and, at a minimum, sets forth how the site will be managed to further the purpose ofthe project, contains a description of all planned improvements to the Project Site, identifies the costs of management and site improvement and funding sources, and identifies the management entity and its funding source. c A statement of the total Project Cost, including all non-recurring costs of project development d. A statement ofthe amount ofthe award being requested from the FCT e. A statement from each local government in whose jurisdiction the Project Site is located that the project plan is consistent with the local comprehensive plan. f Evidence that the conditions imposed as part ofthe Conceptual Approval Agreement have been satisfied. C. An affidavit from the FCT Recipient evidencing that after conducting a diligent search, the FCT Recipient, to the best of its knowledge, represents that there are no existing or pending violations ofany local, state, regional and federal laws and regulations on the Project Site. cAA/95-038-P56 2-8-96 7 If the FCT Recipient is not the proposed managing entity, the project 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) ofthe project, and identification ofthe source of funding for management. 2. The FCT strongly encourages the FCT Recipient to request a courtesy review of its entire project plan, but especially its management plan, well in advance ofthe meeting ofthe FCT Governing Body where the project plan will be considered for approval and funds will be authorized for disbursement. As a part of its duties to the Governing Body' FCT Staffwill make arecommendationofapprovalofcompleteandaccurateprojectplansordisapprovalof., in.o*pt"t" or insufticieni project plans. FCT Recipient is strongly urged to coordinate with the FCTstaffinorderthattheFCTreviewofthemanagementplancoincideswithboththe anticipated Goveming Body approval and the closing date ofthe real estate transaction(s) associated with the Project. 3.PursuanttogK-4.011(2Xh),F'AC,FCTshallwithholdprojectplanapprovalif the local comprehensive plan(s) ofthe iCt Recipient or the FCT Recipient's partner is, for any reason found not in comiliance by the Department after conceptual approval has be.en granted by FCT, unless the FCT Recipient has e*ecuied a Compliance Agreement (formerly calleda stipulated settlement agreement) with the Department_to resolve all ofthe issues raised by the OJpu.trn.nt in u staterient of inient to find a plan not in compliance issued to pursuant to Section 163 3184(8), F.S 4-PursuanttoRulegK4.ol0(3),F.A.c,theFCTshallpublishaNoticeofApproval for Preservation 2000 Funds in the Florida administrative weekly that shall list each projea plan iiut ha, re."i red approval for funding and the amount of funding approved Any person with a substantial interest-that is or may be Jetermined by the decision ofthe FCT to reject or approve the project plan may request an administrative proceeding pursuant to Section l20 5T' F S' *irnin i i davs fi.om publication of the Notice of Approval for preservation 2000 Funds. Real est-ute "losinls associated with the project may close only after expiration of the 21-day notice period, so long as no requests for an administrative proceeding have been filed' ry. PROJECT SITE ACQUISITION REQUIRXMENTS IMPOSED BY CHAPTER 259, CHAiTER 375, AND CHAPTER 380, PART Itr' F'S' FCT RECIPIENT AGREES AS FOLLOWS: i'FCTshallapprovethetermsunderwhichtheinterestinlandisacquired,pursuant toSection380.510(3),F.S.-suchapprovalisdeemedgivenwhentheFCTgoverningbody approves and executes the purchase agreement for. acquisition ofthe Project Site' further deicribed in Section III.1.a. above, to which FCT is a party' 2.TitletotheProjectSiteshallbetitledintheFCTRecipient,unlesstheFCT RecipientspecificallyrequeststhattitleshallpermanentlyvestintheBoardofTrusteesofthei*"-a trnp.or"rn"nt T-rt Fund (Trustees). Such request shall be subject to the approval of FCT and the Trustees. The FCT iecipient hereby elects that title to the Project Site shall be ,"-.lJin - ciiy ot outiu [Note-insert either the name of FCT Recipient or So; of T-rt.", of Int.-ut t*pro*r.nt Trust Fundl. If the FCT Recipient elects that title shall vest in the Trustees, then ali acquisition activities shall be administered by lhe Division of itat" Unas as specified in Section 253 025, F S , and Rule l8-1' F A C' cAA/95-038-P56 2-8-96 8 3. The transfer oftitle to the FCT Recipient for the Project Site shall not occur until the requirements for the acquisition oflands, as specified in Section 380.507(11), F.S., and Rule Chapter 9K-6, F.A.C., have been fully complied with by the FCT Recipient and FCT. 4. Any deed whereby the FCT Recipient acquires title to the Project Site shall contain or be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.045 and 375.051, F.S.; Section 9, Article XII ofthe State Constitution, the applicable bond indenture under which the Bonds were issued; and any provision ofthe Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the Project Site conveyed thereby for such purposes. Such covenants and restrictions as are described in this paragraph shall be in the form ofa Grant Award Agreement, prepared by FCT, executed by the parties to the Conceptual Approval Agreement and recorded at the time of closing of the Project Site. The recordable Grant Award Agreement shall restate the conditions that were placed on the Project Site at the time ofproject selection and initial grant approval. All statements contained in the recordable Grant Award Agreement are contained in this Conceptual Approval Agreement, with the exception of statements that do not survive the real estate closing ofthe Project Site. 5. The Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 4 above and describing the real property subject to the Agreement shall be executed by the FCT and FCT Recipient at the time ofthe conveyance ofthe Project Site and shall be recorded in the county in which the Project Site is located. 6. Ifany essential term or condition ofthe Grant Award Agreement is violated, and the FCT Recipient does not correct the violation within 30 days of written notice ofviolation, title to all interest in the Project Site shall be conveyed to the Board of Trustees ofthe Intemal Improvement Trust Fund. The deed transferring title to the Project Site to the FCT Recipient shall set forth the executory inlerest ofthe Board of Trustees of the Internal Improvement Trust Fund. 7. The interest, ifany, acquired by the FCT Recipient in the Project Site shall not serve as security for any debt ofthe FCT Recipient. 8. Ifthe existence ofthe FCT Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local govemment or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 9. The Project Site shall be managed only for the conservation, protection and enhancement ofnatural resources and for public outdoor recreation that is compatible with the conservation, protection and enhancement ofthe Project Site, along with other related uses cAA/95-038-P56 2-8-96 9 necessary for the accomplishment ofthis purpose. The proposed uses for the Project Site must be specifically designated in the management plan approved by the FCT as a part ofthe project plan. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT FUNDING l. Following the acquisition ofthe Project Site, 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. Ifan amendment to the FCT Recipient's comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient subsequent to the Project Site's acquisition. 2. FCT Recipient shall ensure, and provide evidence thereofto FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 3. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use ofthe Project Site or any use thereofnot in conformity with the management plan approve by the FCT as a part ofthe project plan. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations ofthe FCT Recipient at the Project Site. 5. All buildings, structures, improvements, and signs shall require the prior written approval ofFCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval ofFCT. The approvals required from FCT shall not be uffeasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources ofthe Project Site. The approval by FCT ofthe FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. vI.OBLIGATIONS OF TIIE FCT RECIPIENT RELATING TO THE USE OF BOND PROCEEDS l. FCT is authorized by Sections 375.045(4) and 380.510(7)(a) and (b), F.S., to impose conditions for funding on FCT Recipient in order to ensure that the project complies with the requirements for the use ofPreservation 2000 Bond proceeds including without limitation, the provisions ofthe Intemal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. cAA/95-038-P56 2-8-96 10 v. 2. Ifthe Project Site is to remain subject, after its acquisition by the FCT Recipient and/or the Trustees, to any ofthe below listed transactions, events, and circumstances, the FCT Recipient shall provide at least 60 days advance written notice ofany such transactions, events, and circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest. FCT Recipient agrees and acknowledges that the following transactions, 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. The FCT Recipient further agrees and acknowledges that the following transactions, events, and circumstances may be allowed up to a certain efient based on guidelines or tests outlined in the Federal Private Activity regulations ofthe Internal Revenue Service: a any sale or lease ofany interest in the Project Site to any person or organizatlon; b. the operation ofany concession on the Project Site by any person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use ofthe Project Site by any person other than in such person's capacity as a member ofthe general public; e. any change in the character or use ofthe Project Site from that use expected at the date ofthe issuance ofany series ofbonds from which the disbursement is to be made; f. a management contract ofthe Project Site with any person or organization; or C such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. The foregoing are collectively referred to as the "Disallowable Activities." VII. DISALLOWABLE ACTTYITIES/REMEDIES In the event that FCT determines at any time or from time to time that the FCT Recipient is engaging or allowing others to engage in Disallowable Activities on the Project Site, the FCT Recipient agrees to immediately cease or cause the cessation of the Disallowable Activity upon receipt of written notice from the FCT. To the extent allowed by law, FCT Recipient hereby indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any nature whatsoever arising Iiom or with respect to Disallowable Activities on the Project Site. cAA/95-038-P56 2-8-96 11 Nothing herein shall be deemed a waiver of the FCT Recipient's sovereign immunity. In addition to all other rights and remedies at law or in equity, FCT shall have the right to temporary and pernanent injunctions against FCT Recipient for any Disallowable Activity on the Project Site. 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 TIIE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FI.-ILLY COMPLIED WITH BY THE CONTRACTING PARTY. VI[. CONDITIONS PARTICULAR TO THE PROJECT SITE TIIAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN The management plan for the Project Site is mentioned throughout this Agreement, and is particularly described in Paragraph 1 .b. of Section III above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the management plan shall address the following conditions that are particular to the Project Site and result from either representations made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K-4.010(2)(f), F.A C.: 1. The FCT Recipient shall provide outdoor recreational facilities including overnight camping facilities, a paved walking trail, picnic areas, a dune walkover, turtle hatchery, elevated walkways and nature trails, interpretive signage and limited parking on the Project Site. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation ofthe significant natural resources on the Project Site without causing harm to those resources. 2. If it is determined that the number of improvements identified in Condition #1 are inappropriate for the size ofthe Project Site, the FCT Recipient shall reduce the number or extent ofproposed improvements on the Project Site (i.e., the number of camping spaces, picnic areas, etc.) to minimize impacts to the natural resources on or adjacent to the Project Site. 3. The timing and extent ofa vegetative survey ofvegetative communities and plant species on the Project Site shall be specified in the management plan. The FCT Recipient shall detail how the survey shall be used during development ofthe site to insure the protection, restoration, and preservation ofthe natural resources on the Project Site. 4. The beach dune and mangrove communities that exist on the Project Site shall be preserved and appropriately managed to ensure the long-term viability ofthese vegetative communities. cAA/9s-038-Ps6 2-8-96 12 5. The Project Site shall be managed in a manner that provides habitat for listed wildlife species that utilize or could potentially utilize the Project Site, including the manatee and marine sea turtles. The FCT Recipient shall coordinate with the Department of Environmental Protection's Office of Protected Species Management on the management of the Project Site for the protection oflisted species and listed species habitat. The FCT Recipient shall also conduct periodic surveys oflisted species using the Project Site and develop informational signs relating to the protection oflisted animal species and their habitat. 6. The FCT Recipient shall ensure that the Project Site and listed animal species and their habitat are sufiEciently buffered from the adverse impacts of adjacent land uses. 7. The FCT Recipient shall restore 1.4 acres ofthe Project Site by removing exotic vegetation, replanting the westem shoreline with mangrove and aquatic grasses, and by creating a primary dune system on the eastem portion ofthe site. 8. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department ofState, Division of Historic Resources, in order to prevent the disturbance of significant sites. 10. The FCT Recipient shall coordinate with the Urban Greenways Council to include the Project Site in the County's Urban Rivers Trails Program and develop a management strategy for the site. I l. The FCT Recipient shall provide educational programs at the Project Site. The programs shall include guided tours and special programs for school groups and the general public. 12. Access to the Project Site by pedestrians, bicyclists and persons on non-motorized vehicles shall be promoted except in those areas where resource protection considerations warrant limiting access. 13. As described in it's application, the FCT Recipient shall provide an organized recreational program directed toward the participation of at-risk-youth. The program shall be offered on a continuing basis at the Project Site focusing on the mitigation ofjuvenile crime through the provision of recreational opportunities. cAA/95-038-P56 2-8-96 l3 9. The FCT Recipient shall coordinate the management of the Project Site with the adjacent Dania Beach Park and John U. Lloyd State Park. Date: 14. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. This Agreement including Exhibits "N', "B" and "C" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement CITY OF DANIA FLORIDA COMMUNITIES TRUST By By Name Date Accepted as to Form and Legal Suffrciency: Accepted as to Form and Legal Sufficiency: Ann J. Wild, Trust Counsel Date: cAA/95-038-P56 2-8-96 t4 James F. Murley, Chair Date: Exarngb Sr Erhbit p'^rpto EXHIBTT A Acguisition Plan t.cT Proiect Number: FcT Project Name: Alrp 1i cant / Rec iP i ent : Rule 9K-4.010(2) (j), Florj-da Adrninistrative Code, reads as follows: If the project site is comprised of multiple parcels, the applicant, in conjunction with the Trust staff, sha1l develop an acquisition plan to be nade a part of the Conceptual Approval Agreement. The plan shal1 identify the priority parcels, the general order in which parcels will be acquired and the measures that wifL be taken to assure that al-] reasonab.l-e effort j-s made to secure the entj.re project sj-te. Florida comnunit j-es Trust (FcT) staff wifl review the acquisitj-on plan to assure that the purposes of the project can be achieved in the event all parcels can not be acquired. Is your site comprised of urultiple parcels? (yes ot no) If you answered yes, pfease conplete the followinq informatlon. use additionaL paper or attachments if needed: Identify the priority parcels neealeal to achieve the purposes of the proj ect. Ialentify the genelal order in r,rhich parceLs will be acquired. Identify the measures that reasonable effort is macle to will be taken to assule tbat all secure the entire project site. Prepared by:Approved by fCT Staff: Date :Date : L '"ril.t1Pti, Ff ErttE* ilrpdrs ETEIBIT B contract No: FcT Project Noi CONFIDENTIALITY AGREEMENT This is a confidentiality Agrreement (rrAgreenentr') pursuant to RuIe 9K-6.01o (5) , rlorida Administrative code (r.A. c. ) . Parties to the coaf,idertial-ity AgreemeDt: (rtFcT Recipientrr) r d -State of Florida, and theFlorida Cornrnunities Trust (r'FcTr'), a nonregulatory agency withinthe Department of Conrmunity Affairs. Parcels covereA by tbia Agreement: This Agreement covers allparcels identified as part of the project site in FCT applicati.onthat hras selected for funding and is governed bya Conceptual Approval- Agreement for FcT Project Number("Project site"). cotlf idlential ity :a) Pursuant to RuIe 9K-6.OO2(L7) , F.A.c., the termItconf identialrr refers to infornation that shaff not be avaifablefor public discLosure or inspection and is exempt from theprovisions of Section 119.07(l-), Florida Statutes (F.S.). b) The FcT Recipient and its agents shal1 roaintain theconfidentiality of all appraisals, offers, and counteroffers as required by Section 125.355(1) (a), F.s., for counties, or section L66.o45 (1) (a), F.S., for munieipalities, and Rule chapter 9K-6, F.A. c. The FcT Recipient may disclose such confidential- information only to the individuals listed herein below. c) Requests to add persons to the disclosure list nust be made in writing and the FcT Recipient must receive the written consent of the FcT Executive Director and execute an Addendrrm tothe Aqreenent. All confidentiality requirernents outlined above sha1l apply to individuals added to the list. d) The undersigned board members and staff of the FcT Recipient (r'FcT Recipientr') and its agents, if anY, agree to maintain the confidentiality of appraisaL information, offers and counter-of f ers concerning FcT Pro j ect Nurnber -, aS reguired by Section 125.355 (1)(a), F.S., for counties, or Section 156.045 (1) (A), F.S., for ruunicipali-ties , and Rule chapter 9K-6, F.A.C., and by this Confidentiality Agreement between the FcT Recipient and FcT. e) The undersiqned certify that they have no legal or beneficial interest in the Project Site. CONFTD,/TCT#- 1 /a1/Oq Date FCT Recipient Board Menber,Staff or Agent name S ignature FCT RECIPIENT By:By: (Name) Its: Date:Date: Approved as to Forn andLeqality: By:By: CONFID/FCT# , /,)1/Ot FLORIDA COMI.{I'NTTIES TRUST Anne Peery, ExecutiveDirector Approved as to Form andLegality: Trust Counsel EXHIBIT C FLORIDA COMMI'NITIES TRUST PRESERVAEION 2OOO AI{D ACSC PROGRAMS Technical Assistance Bulletin: 02 ?Iriting a Management Plan The conceptual nanagement plan subnitted as a part of a Florida CommunitiesTrust (xFcTx) grant application or proposal serves as a basis for the management pLan for project sj.tes purchased with funds from I'cT. tlaterial-s and information gathered for the application or proposal can and should be reflected in the plan where appropriate. Conditions reguired in the conceptual Approval Agreement or crant Agreement should be incorporated inthe managrement plan. Location map, boundary map, veqetative surveys, sitepIans, conceptual Approval Agreement, the recorded deed when j.t becornesavailable, and other supporting documents should be included as exhibits or included in the appendix of the managenent pian for future readers. ?he following general outline identifies the range of issues to be addressed inthe manaqement pl-an, where applicable.. INTRODI'CTION END GENERAI, INTORI.TATION Provide a table of contents of the nanagement plan. Provide infornation ineluding the name of the project, the location of theProject Site, and other general infornation such as a brief resourcedescription, and historicaf information relevant to site management. PURPOSE OF TEE PROJECT AND MANAGEI.{ENT Discuss the purpose for acquiring the Project Site and proposed future uses consj"stent with statements nade in the application or proposal. Prcvide a surnnary of the comprehensive plan directives that would be furthered by nanagring the site as proposed. Commitments nade in the application or proposal and reinforced by conditions of the grant fundinE must be reffected in the nanagenent plan. IdentJ-fy the principle objectives for manag:ing natural resources anci conpatible outdoor recreation. Identify a procedure to amend the l-and use designation to conservation, outdoor recreation, open space, or other sinilar category once the Lanci is aeguired . IncLude provisions to ensure that the Proiect Site is identified in all sigrns, 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 lanquage, and identifying the Project site as having been purchased with funds from the FCT and the Recipient. Lrev .3 /94 ErrE DEVEIrOpltENr, IxpRovEuE ra AND ACCEEA rncorporate a provision for requesting written approval from the F^rbefore undertaki-ng any si-te al-teratj-ons or physicar -improvenents that a.-^,,not addressed in the Fcr approved nanagement- pIari. pbys ical. rnprovenanti:rdenti.fy and locate existing and prop-sed physical -irnproveurents to theProject Site on a naster site plan-. These hight include sucn tuings iisigns, fences, warkways, recreationar pathsi campgrounds, restr5ons,educati-onaI space, utirity corridors, parking "re"= -alnd ruiidings, Identify any proposed alteration of land use or character, the aporoxirnatearea affected and how this activity wirr be coordinated - r,rith theprotection of listed plant and animal -species. rdentify any permits orapprovals that may be reguired for the development or rest-oratio-n wd?k anda procedure for providing evidence to the FCt prior to the initiaiion ofany activity that all reguired ricenses and pe-rmits have been oltainea. Include the placement of at least one sign idenbeing open to the public, purchased with fundsoperated as a na+-uz:al resource consetvation areor other appropriate descriptive language. tifying the Project Site asfron FCT and the Recipi.ent,a, outdoor recreation area, Acces-s! rdentify how access to the project site wil-I be provided. Forexample, are parking places proposed on-site, and if so, app-roxinately howhany spaces or how much area will be devoted to thi-s use? rf parking isnot proposed on-si.te, are there existing or proposed. spaces adjalent t5 orsufficiently. near the property? iaentity any ^proposed access towaterbodies including, but not lirnited to, rnarinls,- aocxs, boat ranpsfish-ing piers or viewing platforns and the approximate ' size or t.facility. consider providing bike paths to the sitl ana bike racks at th-esite to provide an alternative to automobile transportation to the projectsite, Access to Project sites shoul-d be conpatibre with all state and federaLconstruction standards, including the Arnericans with Disabitities Act. Easemeats, concessions, or leases: rdentify existing and proposedeasements, concessions, or leases. rf easements, concesslo.r=, oi lEasesare anticipated to be granted on the project site, sucir proposedarrangements need to be identified. These might include utility riltrts-of-way, fl-owage or access easements, recreation or supply concessions] andleases or other instruments that r4,ou1d a11ow -grizing, timbering,agriculture, or other revenue producing enterprises. Tncl-ude a procedure to provide Eo days prior written notice andinformation regarding any lease of any interest, the operatior. of at,ycon_cession, any sare or option, any use other tiran by i mernber of thepublic, and rnanagrement contracts of the project site witir non-governmentalpersons or organizations. XEY UANAG EI'IENT ACTTVTTTE8 llaiDtenaDce: rdentify reguired maintenance activities, incruding but no1-lini-ted to, trash ren-ovar, site creanup, and facirities ;;k;"p. rdentilthe entity responsible_ for property mlintenance. rdentiiy pi"".a"r"=-l;ensure that dumping of trash or hazardous naterial does iot occur on oradjacent to the project site. rdentify contemplated seivice contracts 2rev.3/94 ) with private concernsguards, etc.such as garbage removal, restroom cleaning, securj,ty Seculity: Identify the parties responsible for preventing vandalisn,trespassing, and other property damage. Identify measures to protect theProject Site and the pubJ.ic using the site such as on-site manager,security guards, neighborhood watch, emergency phones, etc. ataffing: Identify the expected staffing reguireraents for management ofthe Project Site including both permanent and volunteer staff. Natural resoulce protectiou: Identify the natural resources at theProject Site and the issues, probLems, and proposed managenent techniquesassociated with protection of those natural resources. l{anagementtechniques should include, but not be lirnited to, a baseJ-ine survey ofl-isted plant and animal species, protection of listed plant and animalspecies, protection of irnperiled or critically imperiled vegetativecommunities, protection cf geological features, protection of surfacevater and groundwater quality and hydrology, and prescribed burns. fdentify nonitoring activities to insure the continued viability ofvegetative communitj.es and listed species found on the Project Site. Thenonitoring plan should include periodic surveys of the vege+-ativeconmunities, listed plant species, and listed animal- species found on theProject Site. Provide for forwarding survey information on the occurrenceof listed plant and animal species to the Florida Natural Areas Inventory. Resoulce rastoration aDd etrhatrceneDt: Identify the primary cornponents ofthe Project Site enhancement and restoration effort, if any. These mightincLude removal of invasive exotic plant species, removal of feral-anirnals, restoration of wetlands, improvement of surface arater guality,recovery plan for listed species, and restoration of uplands habitat.This section should include a tine frame for irnplenenting and conpl,etingthe activities and a rnonitoring program to insure success of the resou!'ce enhancernent ac'-ivities. Identify parts of the property that requj-redifferent degrees or tlzpes of enhancement management. Arcbaeological and bistorical lesource plotection: Identify any archaeoLogical or historj,cal sites on the Project Site and the primary components of managing the archeoloqical or historical sites, outlineprocedures to protect archeological or historical- sites that may beidentified in the future. Incorporate a provision that if any archaeological and historic resourcesare discovered at the Project site, the Recipient sha1l comply with theprovisions of chapter 257, Florida Statues specifically Sections 267.061 (2) (a) and (b). provide for coordination with the Diviaion of Historiiaf Resources, Florida Department of State. Coordlinatiou: Explain how the nanagenent of the site will be coordinatedwith other adjacent land owners and other resource protection agencies. For exampl,e, in the case of prescribed burns, what measures will be usedto minimize impacts on nearby residentj-al- properties? Identify neasuresto protect the Project Site frorn adjacent off-site activities that rnightimpact resources on the Project Site such as pesticide spraying onadjacent property, vrater treatment facility discharging into creeksflowing through Project Site, etc. 3rev, 3 /94 Include provisions to coordinate vith other agencies for appropria--eguidance, reconmendatlons, and necessary pernits that ina], be related :cthe Project Site, such as the following: the Flori.da came and Fresh Wa--e:Fish Commissi-on and U. s. Pish and wil-dl-i-f e Ser.r'ice to avoid i:rpacts r,-listed species; the Water llanagenent District and Depar+-ment ..Environmental Protection to ensure that developrnent of the project Site :idone in a manner to protect or improve water quali-ty; the Division ofForestry and the carne and Fresh water Fish Commission on theimplementatj,on of a prescribed burn progiram; other local, state, orfederal agencies special management p1ans, if appropriate. CO8B ESTII,IATE A}ID FI'IIDING AOURCE identify procedures for assessing progress in achieving goals setthe management pLan such as the percentage of property restored,of species using the Project Site, etc. Identify procedures for arnendrnent to the management p1an, when appropriate. IncLude aacknowledgj-ng responsibility for preparing an annuaL stevrardshipthe FCT, due on the anniversary date on which the project approved by FCT. Tbe Florida Coromunities Trust 27410 Centerview Drive?aI1ahassee, PiJ 32399-210o Identify the estinated costs of the various development and nanagenentactivities outlined in the managenent pLan. For review and analysispurposes, the estinated costs should be separated into the same categoriesas the identified activities. Identify the entity that witl pay for development and nanagement of theProject Site and sone neasure of the cornmitment or capacity to providethese monies. For example, adeguate personnel- and resources in the locaiparks and recreation department nay exist to address the added burienassociated $/ith the Project Site. Identify any citizen organization ornon-profJ-t groups co:nnitted to providing services or funding and a measureof commitrnent or capacity to provide these servj.ces. PRIORITY 8CTEDI'LE Identify a proposed tiroe line for implernenting the development andnanagemen: activities of the nanagement plan based on establisheprioritj-es and the availability of funds. Provj-de a graphj-c display oithe inplementation tirne lines. }:ONITORING forth in inventorl'perioi i c provj.s i cnrepori, t oPlan was 9o4 / 922-22C7 suDcoD0 292-2207 4re,r. 3 /94