HomeMy Public PortalAbout2019 Dedication to Public Use.pdfThis instrument was prepared by:
Lois E. La Seur, Esquire
Florida Communities Trust
Department of Environmental Protection
3900 Commonwealth Boulevard, MS #115
Tallahassee, Florida 32399
FLORIDA COMMUNITIES TRUST
Project Number: 16-006-UA17
DEP Agreement Number: UA010
Project Name: HAMPTON LANE
Project Location Address: 401 Hampton Lane
Key Biscayne, Florida 33149
Parcel ID(s): 24-4232-004-0550
DEDICATION TO PUBLIC USE
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DECLARATION OF RESTRICTIVE COVENANTS
THIS DEDICATION TO PUBLIC USE and DECLARATION OF RESTRICTIVE
COVENANTS ("DDRC") is made between the FLORIDA COMMUNITIES TRUST ("FCT"), a non -
regulatory agency and instrumentality within the State of Florida Department of Environmental
Protection ("Department"), and the VILLAGE OF KEY BISCAYNE ("Recipient"), a Florida local
government, collectively, the "Parties."
THIS DEDICATION TO PUBLIC USE AND DECLARATION OF
RESTRICTIVE COVENANTS IS MADE PURSUANT TO THE FOLLOWING:
WHEREAS, this DDRC is made to impose terms and conditions to implement the
provisions of Sections 259105, 259.1051 and Chapter 380, Part III , Florida Statutes ("F.S.");
WHEREAS, Chapter 380, Part III, F.S., (the "Florida Communities Trust Act"), creates
FCT, a non -regulatory agency within the Department, to assist local governments to implement
the conservation, recreation and open space, and coastal elements of their comprehensive plans,
conserve natural resources, and resolve land use conflicts;
WHEREAS, FCT is empowered to provide financial assistance to local governments and
nonprofit environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, FCT is funded through the Florida Legislature to provide land acquisition
grants for community -based conservation and recreation projects, urban open spaces, parks, and
greenways;
WHEREAS, FCT has approved the terms under which the Recipient acquired the land
described in Exhibit "A" ("Project Site") and has approved a grant supporting that acquisition;
consequently, the Project Site is subject to the restrictions set by the Florida Communities Trust
Act and by Rule 62-818.009(1), Florida Administrative Code ("F.A.C.");
FCT Project Number: 16-006-UA17
DEP Agreement Number: UA010 Page 1 of 10
CFN 20190150314 BOOK 31357 PAGE 1284
DATE 03/08/2019 09 16 45 AM
HARVEY RUVIN CLERK OF COURT MIA DADE CTY
This instrument was prepared by
Lois E La Seur Esquire
Florida Communities Trust
Department of Environmental Protection
3900 Commonwealth Boulevard MS #115
Tallahassee Flonda 32399
FLORIDA COMMUNITIES TRUST
Project Number 16 006 UA17
DEP Agreement Number UA010
Project Name HAMPTON LANE
Project Location Address 401 Hampton Lane
Key Biscayne Florida 33149
Parcel ID(s) 24 4232 004 0550
DEDICATION TO PUBLIC USE
and
DECLARATION OF RESTRICTIVE COVENANTS
THIS DEDICATION TO PUBLIC USE and DECLARATION OF RESTRICTIVE
COVENANTS ( DDRC ) is made between the FLORIDA COMMUNITIES TRUST ( FCT) a non
regulatory agency and instrumentality within the State of Florida Department of Environmental
Protection ( Department') and the VILLAGE OF KEY BISCAYNE ( Recipient) a Florida local
government collectively the Parties
THIS DEDICATION TO PUBLIC USE AND DECLARATION OF
RESTRICTIVE COVENANTS IS MADE PURSUANT TO THE FOLLOWING
WHEREAS this DDRC is made to impose terms and conditions to implement the
provisions of Sections 259 105 259 1051 and Chapter 380 Part III Flonda Statutes ( F S )
WHEREAS Chapter 380 Part 111 F S (the Florida Communities Trust Act) creates
FCT a non -regulatory agency within the Department to assist local governments to implement
the conservation recreation and open space and coastal elements of their comprehensive plans
conserve natural resources and resolve land use conflicts
WHEREAS FCT is empowered to provide financial assistance to local governments and
nonprofit environmental organizations to carry out projects and activities authonzed by the Florida
Communities Trust Act
WHEREAS FCT is funded through the Florida Legislature to provide land acquisition
grants for community based conservation and recreation projects urban open spaces parks and
greenways
WHEREAS FCT has approved the terms under which the Recipient acquired the land
described in Exhibit A ( Project Site) and has approved a grant supporting that acquisition
consequently the Project Site is subject to the restnctions set by the Florida Communities Trust
Act and by Rule 62 818 009(1) Florida Administrative Code ( F A C )
FCT Project Number 16 006 UA17
DEP Agreement Number UA010 Page 1 of 10
WHEREAS this DDRC provides covenants and restrictions sufficient to ensure that the
use of the Project Site complies with Section 9 Article XII and Section 28 Article X of the Florida
State Constitution and Section 375 051 F S and it contains clauses providing that title to the
Project Site will be conveyed to the Board of Trustees of the Internal Improvement Trust Fund
( Trustees) upon the failure of the Recipient to use the Project Site for the required purposes
and
WHEREAS the purpose of this DDRC is to dedicate the property to public use and set
forth the covenants and restrictions that are imposed on the Project Site subsequent to FCT
disbursing Florida Forever funds to the Recipient
NOW THEREFORE in consideration of the mutual covenants and undertakings set forth
herein and other good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged FCT and the Recipient agree as follows
I PERIOD AND APPLICABILITY OF DEDICATION TO PUBLIC USE AND
DECLARATION OF RESTRICTIVE COVENANTS
Pursuant to the requirements of Section 380 510(3)(d) F S the Project Site (as more fully
described in Exhibit A) is hereby dedicated in perpetuity to the use of the general public for
conservation outdoor recreation and related activities If the Recipient uses the property for
other than conservation or recreation or allows a third party to do so title to the property shall
immediately vest in the Board of Trustees of the Internal Improvement Trust Fund
This DDRC begins upon execution by both Parties The covenants and restrictions
contained herein will run with the Project Site and will bind FCT and the Recipient and their
respective successors and assigns
II MODIFICATION OF DEDICATION TO PUBLIC USE AND DECLARATION OF
RESTRICTIVE COVENANTS
Either Party may request modification of the provisions of this DDRC at any time FCT
will review any changes requested by the Recipient to ensure that the requested changes will not
violate the statutes rules or other regulations governing the FCT program Changes that are
mutually agreed upon will be valid only when reduced to writing signed by the Parties and
recorded in the public record
III RECORDING AND APPROVAL OF DEDICATION AND DECLARATION OF
RESTRICTIVE COVENANTS
Upon execution by the Parties hereto the Recipient will cause this Dedication and
Declaration of Restrictive Covenants to be recorded and filed in the official public records of
Miami Dade County, Florida within thirty (30) days of execution and in such manner and in such
other places as FCT may reasonably request The Recipient will pay all fees and charges incurred
in connection therewith
IV NOTICE AND CONTACT
All notices provided pursuant to this Declaration will be in writing and delivered either by
hand delivery or first class certified mail return receipt requested or by a nationally recognized
overnight mail service to the addresses specified below The Department will consider that the
FCT Project Number 16 006 UA17
DEP Agreement Number UA010 Page 2 of 10
notice is received on the date of delivery if by personal delivery or upon actual receipt if sent by
certified or overnight mail.
FCT:
Florida Communities Trust
Department of Environmental Protection
3900 Commonwealth Boulevard, MS# 115
Tallahassee, Florida 32399-3000
bioridaUommunitiesTrustta'�,floridadep.gov
Recipient: Village of Key Biscayne
c/o Todd Hofferberth, Director of Parks and Recreation
88 West McIntyre Street
Key Biscayne, Florida 33149
thofferberthakeybiscayne.fl.gov
and
Village of Key Biscayne
c/o Andrea Agha, Village Manager
88 West McIntyre Street
Key Biscayne, Florida 33149
aagna(a)Keybiscayne.ti.gov
If the Recipient's address or representative changes after execution of this DDRC, the
Recipient must notify FCT of the change as provided above.
V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375,
AND CHAPTER 380, PART III, F.S.
1. If Recipient seeks to transfer title to the Project Site, FCT must pre -approve the
transfer. FCT will enter into a new DDRC with the transferee to ensure the Project Site remains
dedicated to conservation, outdoor recreation, and related activities, and to protect the interest of
the State of Florida.
2. The Recipient cannot use the interest acquired by the Recipient in the Project Site
as security for any of Recipient's debt.
3. If the Recipient fails to remedy a violation of any essential term or condition of this
DDRC, or if the existence of the Recipient terminates for any reason, title to all interest in the
Project Site acquired with state funds will automatically vest in the Trustees unless FCT
negotiates an agreement with another local government or nonprofit environmental organization
that agrees to accept title to and manage the Project Site.
4. If the Project Site is damaged or destroyed, the Recipient will deposit any
insurance proceeds with FCT. The Recipient must rebuild, replace, repair, or restore the Project
Site consistent with this DDRC and the terms of the original grant. FCT will make the insurance
proceeds available to the Recipient to provide funds for restoration work. If the Recipient fails to
complete the rebuilding, repair, replacement, or restoration of the Project Site after notice from
FCT, FCT has the right, in addition to any other remedies at law or in equity, to use the insurance
FCT Project Number: 16-006-UA17
DEP Agreement Number: UA010 Page 3 of 10
proceeds to repair restore rebuild or replace the Project Site to prevent the occurrence of a
default
5 If title to the Project Site or any part thereof is taken by a governmental body
through the exercise or the threat of the exercise of the power of eminent domain the Recipient
must deposit the condemnation award with FCT The Recipient must rebuild replace repair or
restore the Project Site consistent with this DDRC and the terms of the original grant FCT will
make the condemnation award available to the Recipient to provide funds for restoration work If
the Recipient fails to complete the rebuilding repair replacement or restoration of the Project
Site after notice from FCT FCT has the right in addition to any other remedies at law or in equity
to use the condemnation award to repair restore rebuild or replace the Project Site to prevent
the occurrence of a default
6 FCT has the right to seek specific performance of any of the covenants and
restrictions of this DDRC concerning the construction and operation of the Project Site
VI MANAGEMENT OF PROJECT SITE
1 The Project Site must be managed only for the conservation protection and
enhancement of natural and historical resources and for compatible passive natural resource
based public outdoor recreation along with other related uses necessary for the accomplishment
of this purpose The proposed uses for the Project Site are specifically designated in the
Management Plan approved by FCT which is hereby incorporated by reference A copy of the
Management Plan can be obtained by contacting FCT per Section IV
2 The Recipient will ensure that the future land use designation assigned to the
Project Site is a category dedicated to open space conservation or outdoor recreation uses as
appropriate If an amendment to the applicable comprehensive plan is required the Recipient
will propose the amendment during the next available comprehensive plan amendment cycle
The Recipient will provide FCT with documentation of the change
3 The Recipient will ensure that all activities under this DDRC comply with all
applicable local state regional and federal laws and regulations including zoning ordinances
and the adopted and approved comprehensive plan for the jurisdiction
4 The Recipient will prevent the unauthorized use of the Project Site or any use that
does not comply with the Management Plan approved by FCT
5 FCT staff or its duly authorized representatives have the right to inspect the Project
Site and the operations of the Recipient at the Project Site during the Recipient s regular business
hours
6 All buildings structures improvements and signs not authorized by the approved
Management Plan will require the prior written approval of FCT Major land alterations not
authorized by the approved Management Plan will require the written approval of FCT FCT will
approve the proposed changes if the proposed structures buildings improvements signs
vegetation removal or land alterations will not adversely impact the natural resources of the
Project Site
7 If archaeological and histonc sites are located on the Project Site the Recipient
must comply with Chapter 267 F S The collection of artifacts from the Project Site or the
FCT Project Number 16 006 UA17
DEP Agreement Number UA010 Page 4 of 10
disturbance of archaeological and historic sites on the Project Site are prohibited unless prior
written authorization has been obtained from the Department of State Division of Historical
Resources
8 As required by Rule 62 818 013 F A C each year after FCT reimbursement of
Project Costs the Recipient will submit to FCT an annual stewardship report documenting the
Recipient s progress in implementing the Management Plan The initial stewardship report will
document any necessary change to the future land use designation for the site Once the Project
Site is fully developed as outlined in the approved Management Plan the Recipient may request
transition to five year stewardship report reviews pursuant to Rule 62 818 013 F A C In addition
to the annual stewardship report the Recipient must report any revenue generated on the Project
Site by July 31st of each year The Recipient will report revenue on a form approved by FCT staff
VII SPECIAL MANAGEMENT CONDITIONS
The Management Plan for the Project Site is mentioned throughout the Grant Award
Agreement and this DDRC and is particularly described in Section VI above In addition to the
various conditions already described in the Grant Award Agreement and this DDRC the
Management Plan requires the following conditions that are specific to the Project Site
1 FCT Sion The Recipient shall maintain a permanent FCT recognition sign a
minimum of 3' x 4 in size at the entrance area of the Project Site and visible to the public The
sign shall include the FCT logo and acknowledge that the Project Site was purchased with funds
from the Florida Communities Trust Program and the Recipient The sign should include the date
the site was acquired
2 Recreational Facilities The Recipient shall provide at least three recreational
facilities such as a climbing mound picnic facility and bocce ball The Recipient should endeavor
to place facilities and site improvements on previously disturbed areas to the greatest extent
possible
3 Connectivity The Project Site shall connect to adjacent neighborhoods by a
sidewalk within an existing right of way
4 Interpretation - The Recipient shall provide interpretive kiosks on the Project Site
to educate visitors about the natural environment and the unique history of the area
5 Education Programs The Recipient shall provide at least six regularly scheduled
environmental or historical education classes or programs per year at the Project Site conducted
by trained educators or resource professionals
6 Water Quality Facility - The Recipient shall improve the quality of surface waters
or address current flooding problems occurring on adjacent to or close to the Project Site The
water quality facility shall be designed to have a park like or natural setting
VIII "UNIQUE ABILITIES" PROJECT REQUIREMENTS
The Recipient s Project has been deemed a Unique Abilities Project pursuant to Section
380 507(2)(h) F S (2016) and Recipient shall develop the Project Site in accordance with the
FCT Project Number 16 006 UA17
DEP Agreement Number UA010 Page 5 of 10
narrative provided in the Project Summary and Excellence Section of the submitted FCT grant
application The Project Site must provide accessibility availability or adaptability of conservation
or recreation lands for individuals with unique abilities The Recipient and all of it contractors if
any must ensure that both Florida Budding Code Accessibility and Americans with Disabilities
Act Accessibility regulations and requirements are adhered to in the development and completion
of this Project
IX COVENANTS RELATING TO USE OF THE PROPERTY
1 FCT is authorized by Section 380 510 F S to impose conditions for funding on
the Recipient to ensure that the Project complies with the requirements for the use of Florida
Forever funds
2 The Recipient agrees and acknowledges that the below listed transactions events
and circumstances collectively referred to as the disallowable activities may be disallowed on
the Project Site The Recipient further agrees and acknowledges that these disallowable activities
may be allowed up to a certain extent based on certain guidelines established by the Florida
Communities Trust
a any sale or lease of any interest in the Project Site to a governmental
agency or a non governmental person or organization
b the operation of any concession on the Project Site by a non governmental
person or organization
c any sales contract or option to buy or sell things attached to the Project
Site
d any use of the Project Site by a non governmental 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 the use
expected at the date of the issuance of any series of Bonds contributing to the
funding of the Pro;ect
f a management contract for the Project Site with a non governmental
person or organization or
g such other activity or interest as specified from time to time in writing by
FCT to the Recipient or
3 If the Project Site after its acquisition by the Recipient is to remain subject to any
of the disallowable activities the Recipient will provide notice to FCT as provided for in paragraph
IV 1 above at least sixty (60) calendar days in advance of any such transactions events or
circumstances and will provide FCT such information as FCT reasonably requests in order to
evaluate the consequences of such disallowable activities
4 If FCT determines at any time that the Recipient is engaging in or allowing others
to engage in disallowable activities on the Project Site the Recipient will immediately cease the
disallowable activities upon receipt of written notice from FCT In addition to all other rights and
FCT Project Number 16 006 UA17
DEP Agreement Number UA010 Page 6 of 10
remedies at law or in equity FCT has the right to seek temporary and permanent injunctions
against the Recipient for any disallowable activities on the Project Site
X DEFAULT, REMEDIES, TERMINATION
1 If the Recipient (or some third party with the knowledge of the Recipient) violates
any essential term or condition of this DDRC FCT will notify the Recipient of the violation by
written notice given one of the means authorized by this DDRC The Recipient will immediately
act to cure the violation and must complete the cure within thirty (30) days after receiving notice
of the violation If the situation cannot reasonably be cured within thirty (30) days the Recipient
will submit a timely written request to the FCT Program Manager for additional time The request
must include the current status of the violation the reasons for the delay and a time frame for
completing the cure FCT will approve or deny the request in writing within thirty (30) days of
receiving the request Any violation must be resolved within one hundred twenty (120) days of
the Recipient s receiving notice of the violation unless the Recipient can demonstrate extenuating
circumstances to justify a greater extension of time If the Recipient fads to correct the violation
within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT
pursuant to the Recipient s request fee simple title to all interest in the Project Site will vest in the
Trustees as described in Section V paragraph (3) FCT will treat such property in accordance
with Section 380 508(4)(e) F S
XI STANDARD CONDITIONS
1 This DDRC shall be construed under the laws of the State of Honda and venue
for any actions arising out of this DDRC shall lie in Leon County If any provision of this DDRC
conflicts with any applicable statute or rule or is otherwise unenforceable that provision will be
deemed null and void to the extent of the conflict and will be severable but will not invalidate any
other provision of this DDRC
2 If FCT waives a right or remedy granted by this DDRC or fails to insist on strict
performance of any term of this DDRC those actions will not act as a waiver of any of FCTs
rights or remedies nor will it affect the subsequent exercise of the same right or remedy by FCT
for any subsequent default by the Recipient
3 The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336 42 U S C Section 12101 et sea) if applicable which prohibits discrimination by
public and private entities on the basis of disability in the area of public accommodations and
State and local government services
4 This DDRC may be executed in two or more counterparts each of which together
will be deemed an original but all of which together will constitute one and the same instrument
In the event that any signature is delivered by facsimile transmission or by e mail delivery of a
pdf format data file such signature will create a valid and binding obligation of the party
executing (or on whose behalf such signature is executed) with the same force and effect as if
such electronic signature page were an original
5 Any alterations variations changes modifications or waivers of provisions of this
DDRC will only be valid when they have been reduced to writing duly signed by each of the
Parties hereto and recorded in the public record
[THIS SPACE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW ]
FCT Project Number 16 006 UA17
DEP Agreement Number UA010 Page 7 of 10
IN WITNESS WHEREOF, the Parties hereto have duly executed this Dedication and
Declaration of Restrictive Covenants.
ATTEST:
By:
Jennifer/Medina,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
VILLAGE OF KEY BISCAYNE,
a Florida municipal corporation
Weiss Serota Helfman Cole & Bierman, P.L.
VILLAGE ATTORNEY
rea Agha
VILLAGE MANAGER
FCT Project Number: 16-006-UA17
DEP Agreement Number: UA010 Page 8 of 10
Witness
ri t Nam
Print Name: Erin
STATE OF FLORIDA
COUNTY OF LEON
The forego ng irstrumen
2018, by o &k
Communities Trust.
He/Sheis personally
as identification
(SEAL)
:14.:f.244, KATHY C GRIFFIN
• Notary Public - State of Florida
Commission FF 917725
My Comm. Expires Nov 27, 2019
NI�h .`�� Banded National Notary Assn.
FCT Project Number: 16-006-UA17
DEP Agreement Number: UA010
FLORIDA COMMUNITIES TRUST
By:
Secretary or Designee
Print Name: CaMe. .1 e.1-Iave,1,
Title: -D;cecJte,. Div iS,un ok mare I.oAcIs
Date: z/u,,/zc,ta
Approved aso Form and g
By_
Trust Counsel
Print Name: el, 5 /4 r r
l�
a cknowledged before me on this day of Y2lCtl'(.i�, ,
� , Secretary or Designee, Florida
known to me or who has produced
(-2_01;i
S'•nat a of otary Public
Print Name:
Commission No.
My Commission Expires:
Page 9 of 10
EXHIBIT "A"
Lot 17 Block 5 TROPICAL ISLE HOMES SUBDIVISION First Addition according to the Plat
thereof as recorded in Plat Book 50 Page 72 of the Public Records of Miami Dade County
Florida
FCT Project Number 16 006 UA17
DEP Agreement Number UA010 Page 10 of 10