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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 and E -RECORDED ID: O/z Sc N< 3/ 357/t J simplifile' County: M ARM 1— ORDee Date 3/e// 5 Time 7.762 At41 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