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HomeMy Public PortalAbout1995-15 Florida Communities Trust, grant disbursement agreementRESOLUTION NO. 95-15 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE FLORIDA COMMUNITIES TRUST, AN AGENCY WITHIN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE DISBURSEMENT OF A $700,000.00 GRANT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 10, 1995, the Village was advised that the Florida Communities Trust had a awarded a $700,000.00 grant for the acquisition of the Village Green; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to enter into the attached agreement with the Florida Communities Trust, a nonregulatory agency within the State of Florida Department of Community Affairs, for the disbursement of a $700,000.00 grant. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of May , 1995. 3.447,-__ R JOHN F. FESTA ATTEST GUIDO H. GUAM. GUIDO H. GUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI HARD J. WEISS, VILLAGE ATTORNEY CONTRACT # FLORIDA COMMUNITIES TRUST P4A AWARD/ 94-040-P4A CONCEPTUAL APPROVAL AGREEMENT THIS AGREEMENT is entered into on 1995, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and the VILLAGE OF KEY BISCAYNE (FCT Recipient), a local government of the State of Florida, in order to impose terms and conditions on the disbursement of Preservation 2000 Revenue Bond proceeds as partial reimbursement of funds expended by the FCT Recipient to acquire land (Project Site), hereinafter described, and to impose terms and conditions on the 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 (F.S.). WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing 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) of the Florida Preservation 2000 Act 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; 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 were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 1 WHEREAS, Rule Chapter 9K-4, Florida Administrative Code (F.A.C.) sets forth the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund; WHEREAS, the FCT Governing Body met on January 12, 1995, to rank and select projects that were to receive Conceptual Approval for funding; WHEREAS, the FCT Recipient's project was selected for funding in accordance with Rule Chapter 9K-4, F.A.C..; WHEREAS, Rule 9K -4.010(2)(f), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, Rule 9K-4.0031(9) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of local match, provided that real property owned by the Recipient has been acquired, by the Recipient, within one year of the publication date of the Notice of Application Period for which the application was made the date of said Notice being July 1, 1994; WHEREAS, the FCT Recipient acquired the fee simple title to the Project Site on from WHEREAS, the FCT Recipient has requested disbursement of FCT Preservation 2000 Series Bond Proceeds from FCT subsequent to the closing on the acquisition of the Project Site for the project costs expended for the acquisition of the Project Site by the FCT Recipient; 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 of any FCT Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Series Bond Proceeds. NOW THEREFORE, FCT and FCT Recipient mutually agree as follows: I. GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by FCT Recipient and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 as soon as possible and before August 19, 1995. Upon receipt by FCT of the CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 2 signed Agreements, FCT will execute the Agreements, retain one original copy and return all other copies to FCT Recipient. 2. Conceptual Approval for funding shall be until February 19, 1995. In the event a project plan has not received project plan approval by February 19, 1995, the FCT Recipient must request a written extension to the Conceptual Approval Agreement for project continuation in compliance with Rule 9K - 4.010(2)(k), 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 Governing Body shall terminate and all obligations hereunder shall cease. 3. The FCT Preservation 2000 award granted to the FCT Recipient will in no event exceed the lesser of SEVEN AND SIXTY SIX HUNDREDTHS percent (7.66%) of the final total project costs, as defined in Rule 9K-4.002(31), F.A.C., or SEVEN HUNDRED THOUSAND AND 00/100 DOLLARS ($700,000,00), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K - 4.011(2)(a), F.A.C. 4. The grant amount reflected in Section 1.3., hereinabove, is based on the FCT Recipient's estimation of Project Costs in application /94-040-P4A and limits on awards in the Notice of Application Period announcing the application cycle. The actual total Project Costs, defined in Rule 9K- 4.002(31), F.A.C., for acquisition of the Project Site will be reflected on a grant reconciliation statement prepared pursuant to Section I. 6., hereinbelow. 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 Section I.3., hereinabove. 5. The FCT Governing Body has given Conceptual Approval for funding to acquire the entire Project Site identified in the FCT Recipient's application #94-040-P4A. The Governing Body reserves the right to withdraw its FCT award if the acreage that comprises the Project Site is reduced so that the objectives of the acquisition cannot be achieved or if the priority parcel(s) identified in the acquisition plan prepared pursuant to Section II. 5., hereinbelow cannot be acquired. 6. FCT awards shall be delivered either in the form of eligible project costs prepaid by FCT or in the form of a state warrant to the FCT Recipient. FCT award funds shall only be delivered, after FCT approval of the project plan and terms of the acquisition of the Project Site. If the Project Site is comprised of multiple parcels, FCT shall deliver only the share CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 3 of the FCT award that corresponds to the parcel for which reimbursement is made. FCT will prepare a grant reconciliation statement prior to the reimbursement for the Project Site parcel that will evidence the amount of local match, if any, provided by the FCT Recipient and the portion of the FCT award that corresponds to the parcel for which reimbursement is being made. Cash expended by the FCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 7. A local match shall only be required when the amount of FCT grant award stated in Section I.3., hereinabove,is less than ONE HUNDRED percent (100%) of the total project costs. If a local match is required, the FCT Recipient's local match shall be delivered in the form of eligible project costs prepaid by the FCT Recipient. If the Project Site is comprised of multiple parcels, the FCT Recipient shall only be reimbursed for the prepaid eligible project costs that correspond to the parcel being reimbursed. The cash expended by the FCT Recipient for eligible project costs incurred by the FCT Recipient will be recognized as part of the local match on the reconciliation statement prepared pursuant to Section I. 6., hereinabove. In the event FCT Recipient's application #94-040-P4A represents that land is the source of local match, the value attributed to the land local match shall be determined after an appraisal report that complies with the procedures and requirements set forth in Rule 9K-6.007, F.A.C. 8. The FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series 4A Funding Cycle on September 28, 1994. If by local government initiated action taken subsequent to September 28, 1994, a Project Site is given an enhanced highest and best use which would result in a governmentally derived higher value, the reimbursement for land costs shall be determined by appraisal(s) based on the highest and best use of the Project Site on or before September 28, 1994. FCT advised the FCT Recipient of this condition by letter as attached hereto as Exhibit B and incorporated herein by reference. 9. 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. 10. 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. CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 4 II. REQUIREMENTS THAT MUST BE MET PRIOR TO PROJECT PLAN APPROVAL AND THE DELIVERY OF AWARD FUNDS FOR REIMBURSEMENT OF PROJECT COSTS EXPENDED BY FCT RECIPIENT TO ACQUIRE PROJECT BITE 1. By execution of this agreement, the FCT Recipient affirms that: a. the FCT Recipient reaffirms the representations made in FCT Application #94-040-P4A; b. the FCT Recipient shall, on the anniversary date of the approval of the project plan by the Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. 2. Prior to final disbursement of award funds by FCT, the FCT Recipient must prepare a project plan, which is a compilation of documents, that complies with Rule 9K-4.011, F.A.C. This project plan, which is a compilation of documents, must be reviewed and approved by FCT, and include the following documents: a. A statement that the acquisition activities were conducted consistent with either Rule 9K -6.004(3)(d)(1) or (2), F.A.C., whichever applies. b. The following documents, to be reviewed by FCT to ensure that the interest of the State of Florida will be protected: (1) A copy of the real estate contract for sale and purchase of the Project Site between FCT Recipient and • (2) A copy of Buyer and Seller closing statements for the purchase of the Project Site. (3) A copy of the recorded deed evidencing conveyance of title to the Project Site to the FCT Recipient. (4) Certified survey of the Project Site that meets the requirements of Rule 9K-6.006, F.A.C., and dated within 90 days of the date of acquisition of Project Site by FCT Recipient. (5) Appraisal report(s) prepared for the FCT Recipient's acquisition of the Project Site that complies with the requirements of Rule 9K-6.007, F.A.C. (6) A copy of the title insurance policy evidencing marketable title in FCT Recipient to the Project Site CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 5 and effective the date of acquisition of the Project Site by the FCT Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by FCT Recipient, and all documents referenced in the title policy. (7) Environmental site assessment of the Project Site certified to the FCT Recipient, which meets the standards and requirements of the FCT Recipient, and with a date of certification within 45 days before the date of acquisition of the Project Site by FCT Recipient, together with the statement required by Rule 9K-6.012(4), F.A.C. c. A management plan that complies with the following: written according to Exhibit C (FCT Technical Assistance Bulletin 12 --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, VI, VII and VIII hereinbelow; and, at a minimum, sets forth how the site will be managed to. further the purpose of the project, contains a description of all planned improvements to the Project Site, identifies the costs of management and site improvement and funding sources, and identifies the management entity and its funding source. 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) of the project, and identification of the source of funding for management. d. A statement of the total project cost, all non -recurring costs of project development. e. A statement of the amount of the award requested from FCT. including being f. A statement from each FCT Recipient in whose jurisdiction the Project Site is located that the project plan is consistent with the local comprehensive plan. g. Evidence that conditions imposed as a part of the Conceptual Approval Agreement have been satisfied. h. 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 of any local, state, regional and federal laws and regulations on the Project Site. In the event that the FCT Recipient is a partnership, the FCT Recipient must provide FCT with the interlocal agreement that CAA/ 94 -04 0-P4A PRE-ACQ/DRAFT/4-18-95 6 sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site. 3. Pursuant to 9K -4.011(2)(h), F.A.C., FCT shall withhold project plan approval if the local comprehensive plan(s) of the FCT Recipient or the FCT Recipient's partner is, for any reason found not in compliance by the Department after conceptual approval has been granted by FCT, unless the FCT Recipient has executed a stipulated settlement agreement with the Department to resolve all of the issues raised by the Department in a statement of intent to find a plan not in compliance issued to pursuant to Section 163.3184(8), F.S. IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, F.B. FCT RECIPIENT AGREES AS FOLLOWS: 1. FCT shall approve the terms under which the interest in land was acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT governing body approves the project plan containing a copy of the document vesting title to the Project Site in the FCT Recipient. 2. Title to the Project Site shall be titled in the FCT Recipient. 3. 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 of the State Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the 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. 4. A Grant Award Agreement containing such covenants and restrictions as referenced in Section IV.3. above and describing the real property subject to the Agreement shall be executed by the FCT and FCT Recipient prior to the disbursement of award funds to the FCT Recipient and shall be recorded in the county in which the Project Site is located. CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 7 5. If any essential term or condition of the grant is violated, and the FCT Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The Grant Award Agreement described in Section IV. 4. shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 6. The interest acquired by the FCT Recipient in the Project Site shall not serve as security for any debt of the FCT Recipient. 7. 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 or revert to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 8. The Project Site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation that is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site must be specifically designated in the management plan approved by the FCT as a part of the project plan. V. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the acquisition of the 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. If an 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 thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 8 3. 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 management plan approve by the FCT as a part of the project plan. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. 5. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. VI. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. 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 of Preservation 2000 Bond proceeds including without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. If the Project Site is to remain subject, after its acquisition by the FCT Recipient and/or the Trustees, to any of the below listed transactions, events, and circumstances, the FCT Recipient shall provide at least 60 days advance written not+ce of any such transactions, events, and circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest. 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 extent based on guidelines or -tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to any person or organization; CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 9 b. the operation of any concession on the Project Site by any person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; f. a management contract of the Project Site with any person or organization; or g. 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 ACTIVITIES/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 from or with respect to Disallowable Activities on the Project Site. 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 permanent injunctions against FCT Recipient for any Disallowable Activity on the Project Site. DET•RGATIONS 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. CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 10 VIII. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN 1. The FCT Recipient shall provide outdoor recreational facilities including a hardscaped pedestrian walkway and bike path, picnic pavilions, tot -lots, open space for soccer and/or flag football, a promenade and limited off-street parking on the Project Site. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the Project Site without causing harm to those resources. 2. The FCT Recipient shall construct a stormwater retention facility on the Project Site to mitigate stormwater impacts to Biscayne Bay. 3. The FCT Recipient shall restore approximately 4.5 acres of the Project Site with native vegetation. The remainder of the site shall consist of native grasses and recreational facilities. 4. The FCT Recipient shall ensure that the Project Site is sufficiently buffered from the adverse impacts of adjacent land uses. 5. The FCT Recipient shall perform an archaeological survey of any area within the Project Site proposed for development prior to the commencement of proposed development activities in that area. All planned activities involving known archaeological sites or identified site areas shall be closely coordinated with the Department of State, Division of Historical Resources in order to prevent the disturbance of significant sites. 6. Access to the Project Site by pedestrians and bicyclists shall be promoted as an alternative to automobile access. 7. 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 "B" and "C" embodies the entire agreement between the parties. 4011. CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 11 ett IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. VILLAGE OF KEY BISCAYNE BY: Title: Date: FLORIDA COMMUNITIES TRUST Linda Loomis Shelley, Chair Date: Accepted as to Form and Legal Accepted as to Form and Legal Sufficiency: Sufficiency: Date: Date: CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 12 EXHIBIT "A" FLORIDA COMMUNITIES TRUST PRESERVATION 2000 AND ACSC PROGRAMS Technical Assistance Bulletin: 02 Writing a Management Plan The conceptual management plan submitted as a part of a Florida Communities Trust ("FCT") grant application or proposal serves as a basis for the management plan for project sites purchased with funds from FCT. Materials and information gathered for the application or proposal can and should be reflected in the plan where appropriate. Conditions required in the Conceptual Approval Agreement or Grant Agreement should be incorporated in the management plan. Location map, boundary map, vegetative surveys, site plans, Conceptual Approval Agreement, the recorded deed when it becomes available, and other supporting documents should be included as exhibits or included in the appendix of the management plan for future readers. The following general outline identifies the range of issues to be addressed in the management plan, where applicable. INTRODUCTION AND GENERAL INFORMATION Provide a table of contents of the management plan. Provide information including the name the Project Site, and other general resource description, and historical management. PURPOSE OF THE PROJECT AND MANAGEMENT of the project, the location of information such as a brief information relevant to site Discuss the purpose for acquiring the Project Site and proposed future uses consistent with statements made in the application or proposal. Provide a summary of the comprehensive plan directives that would be furthered by managing the site as proposed. Commitments made in the application or proposal and reinforced by conditions of the grant funding must be reflected in the management plan. Identify the principle objectives for managing natural resources and compatible outdoor recreation. Identify a procedure to amend the land use designation to conservation, outdoor recreation, open space, or other similar category once the land is acquired. Include provisions to ensure that the Project Site is identified in all signs, literature, and advertising as being publicly owned, open to the public and operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive language, and identifying the Project Site as having been purchased with funds from the FCT and the Recipient. SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS Incorporate a provision for requesting written approval from the FCT before undertaking any site alterations or physical improvements that are not addressed in the FCT approved management plan. /n A Physical Improvements: Identify and locate existing and proposed physical improvements to the Project Site on a master site plan. These might include such things as signs, fences, walkways, recreational paths, campgrounds, restrooms, educational space, utility corridors, parking areas and buildings. Identify any proposed alteration of land use or character, the approximate area affected and how this activity will be coordinated with the protection of listed plant and animal species. Identify any permits or approvals that may be required for the development or restoration work and a procedure for providing evidence to the FCT prior to the initiation of any activity that all required licenses and permits have been obtained. Include the placement of at least one sign identifying the Project Site as being open to the public, purchased with funds from FCT and .the Recipient, operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive language. Access: Identify how access to the Project Site will be provided. For example, are parking places proposed on -site, and if so, approximately how many spaces or how much area will be devoted to this use? If parking is not proposed on -site, are there existing or proposed spaces adjacent to or sufficiently near the .property? Identify any proposed access to waterbodies including, but not limited to, marinas, docks, boat ramps, fishing piers or viewing platforms and the approximate size of the facility. Consider providing bike paths to the site and bike racks at the site to provide an alternative to automobile transportation to the Project Site. Access to Project Sites should be compatible with all state and federal construction standards, including the Americans with Disabilities Act. 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. Include a procedure to provide 60 days prior written notice and information regarding any lease of any interest, the operation of any concession, any sale or option, any use other than by a member of the public, and management contracts of the Project Site with non- governmental persons or organizations. KEY MANAGEMENT ACTIVITIES Maintenance: Identify required maintenance activities, including but not limited to, trash removal, site cleanup, and facilities upkeep. Identify the entity responsible for property maintenance. Identify procedures to ensure that dumping of trash or hazardous material does not occur on or adjacent to the Project Site. Identify contemplated service contracts with private concerns such as garbage removal, restroom cleaning, security guards, etc. ,n A Security: Identify the parties responsible for preventing vandalism, trespassing, and other property damage. Identify measures to protect the Project Site and the public using the site such as on -site manager, security guards, neighborhood watch, emergency phones, etc. Staffing: Identify the expected staffing requirements for management of the Project Site including both permanent and volunteer staff. Natural resource protection: Identify the natural resources at the Project Site and the issues, problems, and proposed management techniques associated with protection of those natural resources. Management techniques should include, but not be limited to, a baseline survey of listed plant and animal species, protection of listed plant and animal species, protection of imperiled or critically imperiled vegetative communities, protection of geological features, protection of surface water and groundwater quality and hydrology, and prescribed burns. Identify monitoring activities to insure the continued viability of vegetative communities and listed species found on the Project Site. The monitoring plan should include periodic surveys of the vegetative communities, listed plant species, and listed animal species found on the Project Site. Provide for forwarding survey information on the occurrence of listed plant and animal species to the Florida Natural Areas Inventory. Resource restoration and enhancement: Identify the primary components of the Project Site enhancement and restoration effort, if any. These might include removal of invasive exotic plant species, removal of feral animals, restoration of wetlands, improvement of surface water quality, recovery plan for listed species, and restoration of uplands habitat. This section should include a time frame for implementing and completing the activities and a monitoring program to insure success of the resource enhancement activities. Identify parts of the property that require different degrees or types of enhancement management. Archaeological and historical 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. Include provisions to coordinate with other agencies for appropriate guidance, recommendations, and necessary permits that may be related to the Project Site, such as the following: the Florida Game and Fresh Water Fish Commission and U.S. Fish and Wildlife Service to avoid impacts to listed species; the Water Management District and Department of Environmental Protection to ensure that development of the Project Site is done in a manner to protect or improve water quality; the Division of Forestry and the Game and Fresh Water Fish Commission on the implementation of a prescribed burn program; other local, state, or federal agencies special management plans, if appropriate. COST ESTIMATE AND FUNDING SOURCE Identify the estimated costs of the various development and management activities outlined in the management plan. For review and analysis purposes, the estimated costs should be separated into the same categories as the identified activities. Identify the entity that will pay for development and management of the Project Site and some measure of the commitment or capacity to provide these monies. For example, adequate personnel and resources in the local parks and recreation department may exist to address the added burden associated with the Project Site. Identify any citizen organization or non-profit groups committed to providing services or funding and a measure of commitment or capacity to provide these services. PRIORITY SCHEDULE Identify a proposed time line for implementing the development and management activities of the management plan based on established priorities and the availability of funds. Provide a graphic display of the implementation time lines. 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 sunCom 292-2207 /It A A EXHIBIT B Florian `L ©3'13 11111119 es 'Trust March 23, 1995 Mr. C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street, Suite 201 Key Biscayne, Florida 33149 RE: The Village Green/Village of Key Biscayne FCT Project Number; 94-040-P4A Dear Mr. Kissinger: On January 12, 1995, the Florida Communities Trust ("FCT") governing board ranked and selected for funding certain applications received by the FCT during the Series P4A funding cycle. The above referenced project application was selected for funding. Prior to being selected for funding, the project was included on the Preservation 2000 Program Approved List of Complete Applications for Series P4A Funding Cycle. This list was approved by FCT at a public meeting held September 28, 1994. All FCT project sites will be purchased upon voluntarily negotiated terms between FCT, the local government and the seller. Once an application has been placed on a list of approved projects, decisions made . by -governmental : authorities ,, such as _ rezaning., annexation, extension of water/sewer services; -etc.,-may have an effect on the value of the project site identified in that FCT application. In that regard, the staff of the FCT was directed by the governing board at its January 12, 1995, meeting as follows: If by an action initiated by the local government subsequent to the time the FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series P4A Funding Cycle, a project site is given an enhanced highest and best use that would result in a governmentally derived higher value, the FCT acquisition activities will be terminated unless the seller agrees that the appraisal will be done at the highest and best use of the project site at the time the FCT Governing Board approved the Preservation 2000 Program Approved List of Complete Applications for Series P4A Funding Cycle. DEPARTMEN? OF COMMUNM AFFAIRS • 2740 CENTERVIEW DRIVE • TAU HASSEE, FL 32399-'100 • 904911-1107 ' Su> COI,I ?9? -120" F lnnfdM Cu iw ‘:, 'Ts v' kif,(1 , Mr. C. Samuel Kissenger March 23, 1995 Page Two This policy is revised from earlier cycles to apply only to actions initiated by the local government. Previously, the policy applied to all action, whether initiated by a property owner or the local government. The governing body recognizes that local governments must respond to actions requested by property owners and may be compelled by local government regulations to grant land use changes that may impact values. A Conceptual Approval Agreement governing the grant award for the project will be approved by the FCT governing board at its May 19, 1995, meeting. That agreement will contain language relating to a governmentally derived higher value. Please prepare to advise me in writing, at the time you return the executed Conceptual Approval Agreement, whether any action has been taken by your local government subsequent to September 28, 1994, that potentially affects the FCT project site in your jurisdiction, or if any action has been requested of the local government concerning the FCT project site. Sincerely, Anne Peery Executive Director AP:ck