HomeMy Public PortalAboutRecorded.tifThis instrument prepared by:
Ann J. Wild
Florida Communities Trust
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
CONTRACT # p6, -c 7 -,z e -Y`l M-..:1/-0 570 FLORIDA COMMUNITIES TRUST
P4A AWARD# 94-040-P4A
GRANT AWARD AGREEMENT
THIS AGREEMENT is entered into this day of ,
1995, by and between the FLORIDA COMMUNITIES TRUS ("FCT'), a
nonregulatory agency within the State of Florida epart ent of
Community Affairs, and the VILLAGE OF KEY BISCAYNE ("FCT
Recipient"), in order to impose terms, conditions, and
restrictions on the use of the proceeds of certain bonds,
hereinafter described, and the lands acquired with such proceeds
and as described in Exhibit "A" attached hereto and made a part
hereof ("Project Site"), as shall be necessary to ensure
compliance with applicable Florida Law and federal income tax law
and to otherwise implement provisions of Chapters 253, 259, and
380, Florida Statutes.
WHEREAS, Part III Chapter 380, Florida Statutes, the Florida
Communities Trust Act, creates a nonregulatory agency within the
Department of Community Affairs, which will assist local
governments in bringing into compliance and implementing the
conservation, recreation and open space, and coastal elements of
their comprehensive plans and in otherwise conserving natural
resources and resolving land use conflicts by providing financial
assistance to local governments to carry out projects and
activities authorized by the Florida Communities Trust Act;
WHEREAS, Section 259.101(3)(c), Florida Statutes, provides
for the distribution of ten percent (10%) of the net Preservation
2000 Revenue Bond proceeds to the Department of Community Affairs
to provide land acquisition grants and loans to local governments
through the FCT;
WHEREAS, the Governor and Cabinet authorized the sale and
issuance of State of Florida Department of Natural Resources
Preservation 2000 Revenue Bonds ("Bonds");
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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;
WHEREAS, Rule 9K -4.010(2)(e), F.A.C., authorizes FCT to
impose conditions for funding on those FCT applicants whose
projects have been selected for funding in accordance with Rule
Chapter 9K-4, F.A.C.;
WHEREAS, the FCT has approved the terms under which the
Project Site was acquired and the FCT Recipient has acquired
title to the Project Site and the Project Site shall be subject
to such covenants and restrictions as are sufficient to ensure
that the use of the Project Site at all times complies with
Section 375.051, Florida Statutes and Section 9, Article XII of
the State Constitution and such covenants and restrictions shall
contain clauses providing for the conveyance of title to the
Project Site to the Board of Trustees of the Internal Improvement
Trust Fund upon the failure of the FCT Recipient to use the
Project Site acquired thereby for such purposes; and
WHEREAS, such covenants and restrictions shall be imposed by
an agreement which shall describe with particularity the real
property which is subject to the agreement and shall be recorded
in the county in which the real property is located; and
WHEREAS, the purpose of this Agreement is to set forth the
covenants and restrictions that are imposed on the Project Site
subsequent to its acquisition with FCT Preservation 2000 Bond
Proceeds.
NOW THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and FCT Recipient do hereby contract and agree
as follows:
I. GENERAL CONDITIONS.
1. Upon execution and delivery by the parties hereto, the
FCT Recipient shall cause this Agreement to be recorded and filed
in the official public records of Dade County, Florida, and in
such manner and in such other places as FCT may reasonably
request, and shall pay all fees and charges incurred in
connection therewith.
2. The FCT Recipient and FCT agree that the State of
Florida Department of Environmental Protection will forward this
Agreement to Department of Environmental Protection Bond Counsel
for review. In the event Bond Counsel opines that an amendment
is required to this Agreement so that the tax exempt status of
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the Preservation 2000 Revenue Bonds is not jeopardized, FCT and
FCT Recipient shall amend the Agreement accordingly.
3. This Agreement may be amended at any time. Any
amendment must be set forth in a written instrument and agreed to
by both the FCT Recipient and FCT.
4. This Agreement and the covenants and restrictions
contained herein shall run with the Property herein described and
shall bind, and the benefits shall inure to, respectively, the
FCT and the FCT Recipient and their respective successors and
assigns.
5. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida, with respect to
both substantive rights and with respect to procedures and
remedies.
6. Any notice required to be given hereunder shall be given
by personal delivery, by registered mail or by registered
expedited service at the addresses specified below or at such
other addresses as may be specified in writing by the parties
hereto, and any such notice shall be deemed received on the date
of delivery if by personal delivery or expedited delivery
service, or upon actual receipt if sent by registered mail.
FCT:
FCT Recipient:
Florida Communities Trust
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
ATTN: Executive Director
Villlage{,�of_Key Biscayne
K yee
EY F`, 33Psa9—/847
ATTN: VILRGr h6.�.4(vr2
7. If any provision of the Agreement shall be invalid,
illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way
be affected or impaired.
II. PROJECT SITE REQU/REMENTS IMPOSED BY CHAPTER 259, CHAPTER
375, AND CHAPTER 380, PART III, FLORIDA STATUTES.
1. If any essential term or condition of this grant
agreement is violated by the FCT Recipient or by some third party
with the knowledge of the FCT Recipient and the FCT Recipient
does not correct the violation within 30 days of notice of the
violation, fee simple title to all interest in the Project Site
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HC.
shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The FCT shall treat such property in
accordance with Section 308.508(4)(e), Florida Statutes.
2. Any transfer of the Project Site shall be subject to the
approval of FCT and FCT shall enter into a new agreement with the
transferee, containing such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the
people of Florida.
3. The interest, if any, acquired by the FCT Recipient in
the Project Site will not serve as security for any debt of the
FCT Recipient unless FCT approves the transaction.
4. If the existence of the FCT Recipient terminates for any
reason, title to all interest in the Project Site it has acquired
with the FCT award shall be conveyed 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.
5. In the event that the Project Site is damaged or
destroyed or title to the Project Site, or any part thereof, is
taken by any governmental body through the exercise or the threat
of the exercise of the power of eminent domain, the FCT Recipient
shall deposit with the FCT any insurance proceeds or any
condemnation award, and shall promptly commence to rebuild,
replace, repair or restore the Project Site in such manner as is
consistent with the Agreement. The FCT shall make any such
insurance proceeds or condemnation award moneys available to
provide funds for such restoration work. In the event that the
FCT Recipient fails to commence or to complete the rebuilding,
repair, replacement or restoration of the Project Site after
notice from the FCT, the FCT shall have the right, in addition to
any other remedies at law or in equity, to repair, restore,
rebuild or replace the Project Site so as to prevent the
occurrence of a default hereunder.
Notwithstanding any of the foregoing, FCT will have the right
to seek specific performance of any of the covenants and
restrictions of this Agreement concerning the construction and
operation of the Project Site.
III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT
RECIPIENT.
1. The Project Site shall be managed only for the
conservation, protection and enhancement of natural and
historical resources and for resource -based public outdoor
recreation which is compatible with the conservation, protection
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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 are specifically designated in
the Project Plan as approved by FCT.
2. The FCT Recipient shall prepare and submit to FCT an
annual report as required by Rule 9K-4.013, F.A.C.
3. The FCT Recipient shall ensure that the future land use
designation assigned to the Project Site is for a category
dedicated to open space, conservation, or outdoor recreation uses
as appropriate. If an amendment to the FCT Recipient's
comprehensive plan is required to comply with this paragraph, the
amendment shall be proposed at the next comprehensive plan
amendment cycle available to the FCT Recipient.
4. 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 adopted and
approved comprehensive plan for the jurisdiction as applicable.
Evidence shall be provided to FCT that all required licenses and
permits have been obtained prior to the commencement of any
construction.
5. 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 FCT approved project
plan.
6. 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.
7. All buildings, structures, improvements, and signs
shall require the prior written approval of FCT as to purpose.
Further, tree removal, other than non-native species, and/or
major land alterations shall require the written approval of FCT.
The approvals required from FCT shall not be unreasonably with-_
held by FCT upon sufficient demonstration that the proposed
structures, buildings, improvements, signs, 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.
8. If archaeological and historic sites are located on the
Project Site, the FCT Recipient shall comply with Chapter 267,
Florida Statutes. The collection of artifacts from the Project
Site or the disturbance of archaeological and historic sites on
the Project Site will be prohibited unless prior written
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--1Z:1TheEt-
authorization has been obtained from the Department of State,•
Division of Historical Resources.
9. The FCT Recipient shall ensure that the Project Site is
identified as being publicly owned and operated as a passive,
natural resource -based public outdoor recreational site in all
signs, literature and advertising regarding the Project Site.
The FCT Recipient shall erect a sign(s) identifying the Project
Site as being open to the public and as having been purchased
with funds from FCT and FCT Recipient.
IV. OBLIGATIONS INCURRED BY PCT RECIPIENT AS A RESULT OP BOND
PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE.
1. If the Project Site is to remain subject, after its
acquisition by the State and the FCT Recipient, to any of the
below listed activities or interests, the FCT Recipient shall
provide at least 60 days written notice of any such activity or
interest to FCT prior to the activity taking place, and shall
provide to FCT such information with respect thereto as FCT
reasonably requests in order to evaluate the legal and tax con-
sequences of such activity or interest:
a. any lease of any interest in the Project Site to a
non -governmental person or organization;
b. the operation of any concession on the Project
Site to a non -governmental 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 a non -governmental person or organization;
d. any use of the Project Site by non -governmental
persons other than in such person's capacity as a member of the
general public;
e. a management contract of the Project Site with a
non -governmental person or organization; and
f. such other activity or interest as may be
specified from time to time in writing by FCT to the FCT
Recipient.
2. FCT Recipient agrees and acknowledges that the
following transaction, events, and circumstances may not be
permitted on the Project Site as they may have negative legal and
tax consequences under Florida law and federal income tax law:
a. a sale of the Project Site or a lease of the
Project Site to a non -governmental person or organization;
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b. the operation of a concession on the Project Site
by a non -governmental person or organization;
c. a sale of things attached to the Project Site to
be severed from the Project Site to a non -governmental person or
organization;
d. any change in the character or use of the Project
Site from that use expected at the date of the issuance of any
series of bonds from which the disbursement is to be made;
e. any use of the Project Site by non -governmental
persons other than in such person's capacity as a member of the
general public;
f. a management contract of the Project Site with a
non -governmental person or organization; and
g. such other activity or interest as may be
specified from time to time in writing by FCT to the FCT
Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT
RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES,
OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT
SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE
RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON
THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO
ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE
CONTRACTING PARTY.
v. 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 parking adjacent to 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.
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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. A11 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 GRANT AWARD AGREEMENT embodies the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement.
Witness: VILLAGE OF KEY BISCAYNE
Witness Name:
GAA\94-040-P4A
11-9-95
BY: 5'4 ",1 r( --V ).(I s5.
Its: V14AGe /slFwGbt.`
Date: L �4
Accepted as to Legal Form and
Sufficiency:
8
71-78732003
known to me,
FLORIDA COMMUNITIES TRUST
1 -%
21:iLr2 N
fitness Name: J es F. Murt y, Chair
Date: . 1,(0 1 vg9L
`Witness Name: WA/104 hgti64
Accepted as to Legal Form and
Sufficjancy:
Ann J. Wild, T t Counsel
STATE OF FLORIDA
COUNTY OF
The foregoing instrument
1 day of UeC2m
as V� la_1.3c
STATE OF FLORIDA
COUNTY OF LEON
Date:
was acknowledged bef re me this
1995, by C. SGr,.
. He is personally
n.
Uotairy Publ .
Print Name:
Commission No.
1
My
0,'Rr Dyer. OUIOO N INOUANZO R
I :�� COMMISSION NUMBER
4y • Ir CC357097
T, ' Q0 MY COMMISSION EXP.
OF nP APR. 30.1998
6 S177loi PFe'/H4x,, —
The for oing instrument was ackkowledged before me this
7)6-1 day of , 19R, by4 JAMES F. MURLEY, as Chair
of the Flor a Communities Trust. He is personally known to me.
N Lary Public "
Print Name:
Commission No.
My Commission Expires:
GAA\94-040-P4A
11-9-95 9
JANM D. GL';:t+i
`:4 !4Y COMMIZICN Y CC 21.8713 ECF:PES
' `�� December 10, 1956
tA111D1 I
Lacia L DI CJZ IPTION:
(Parcel A) =
A portion of Tract 5, MATHESON ESTATE, according to the plat
thereof as recorded in Plat Book 46 Page 86 of the Public Records
of Dade County, Florida, more particularly described as follows:
From the Southeast corner of said Tract 5 run North
79degllmin28sec.W'est along the South line of said Tract 5 for a
distance of 402.76' feet to the Southwest corner of said Tract 5;
thence run Northward along the West line of said Tract "5 , said West
line of said Tract 5 being the arc of a curve to the left having
for its elements a radius of 1365 feet and a central angle of
17deg52min23sec. for an arc distance of 425.80 feet to the Point
of Beginning of the parcel of land herein described; thence run
South 88degOlmin04sec.East for a distance of 104.65 feet to a
point; thence run South 77deg59min5Osec.East for a distance of
300.24 feet to a point on the East line of said Tract 5; thence run
Northward along the East line of said Tract 5, said East line of
said Tract 5 being the arc of a curve to the left having for its
elements a radius of 1765 feet and a central angle of
00deg29min38sec. for an arc distance of 15.21 feet to a point;
thence run North 77deg59min29sec.West for a distance of 298.82 feet
to a point; thence run North 88degO1min04sec.West for a distance of
106.60 feet to a point on the west line of said Tract 5, said West
line of said Tract 5 being the arc of a curve to the left that has
for its elements a radius of 2635 feet and a central angle of
00deg01min36sec. for an arc distance of 1.26 feet to a point of
tangency with a circular curve to the right that has for its
elements a radius of 1365 feet and a central angle of
00deg34min39sec. for an arc distance of 13.71 feet to the Point of
Beginning.
TOGETHER WITH:
(Parcel 8)
Commencing at the Southeast corner of Tract 5, MATHESON ESTATE,
according to the plat thereof as recorded in Plat Book 46 Page 86
of the Public Records of Dade County, Florida, run
North 79degllrnin28sec.West along the South line of said Tract 5 for
a distance of 402.76' feet to the Southwest corner of said Tract 5;
thence run Northward along the West line of said Tract 5, said West
line of said Tract 5 being the arc of a curve to the left having
for its elements a radius of 1365 feet and a central angle of
17deg52min23sec. for an arc distance of 425.80 feet to the Point
of Beginning of the parcel of land herein described; thence run
South 88deg01min04sec.East for a distance of 104.65 feet to•a
point; thence run South 77deg59min50sec.East for a distance of
300.24 feet to a point on the East line of said Tract 5; thence run
Southward along the East line of said Tract 5, said East line of
said Tract 5 being the arc of a curve to the right having for its
elements a radius of 1765 feet and a central angle of
14deg07minl2sec. for an arc distance of 434.97 feet to the Point of
Beginning. RECORDED IN OIFICMAL RECORDSIO,J
OF DADS COUNTY, FLORIDA.
RECORD VERIFIED
TOGETHER WITH:
HARVEY RUV1N
um: CIRCUIT CCuRT
Tract 7 of a SUBDIVISION OF A PORTION OF HATHESDN ESTATE, accorrinq'
,� a►,�..er,F ae Y-pcorded in Plat Book 4t at Page 86, of the
CONTRACT #96 -CT -2C -94 -4A -A1-040 FLORIDA COMMUNITIES TRUST
P4A AWARD # 94-040-P4A
ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM I to the Conceptual Approval Agreement is
entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"),
a nonregulatory agency within the State of Florida Department of
Community Affairs, and VILLAGE OF KEY BISCAYNE ("FCT Recipient"),
this,224Cday , 1995:
WHEREAS, the parties hereto entered into a Conceptual Approval
Agreement which sets forth the conditions of conceptual approval
that must be satisfied by FCT Recipient prior to the receipt of the
FCT Preservation 2000 award and the restrictions that are imposed
on the Project Site subsequent to its acquisition with the FCT
Preservation 2000 award;
WHEREAS, the FCT Recipient has requested that the FCT
governing body amend the Conceptual Approval Agreement from a 7.66
percent award to an 8.24 percent award and the FCT governing body
approved this request on November 9, 1995;
WHEREAS, GENERAL CONDITIONS paragraph 10 of the Conceptual
Approval Agreement states that the agreement may be amended at any
time prior to FCT giving final project plan approval to the FCT
Recipient. Any agreement must be set forth in a written instrument
and agreed to by both the FCT Recipient and FCT;
WHEREAS, the parties hereto desire to amend the Conceptual
Approval Agreement from a 7.66 percent award to an 8.24 percent
award;
NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows:
1. Section I.3. is hereby replaced, revised and superseded
by the following:
3. The FCT Preservation 2000 Series P4A award granted to
the FCT Recipient will in no event exceed the lesser of
Eight and 24/100 percent (8.24%) of the final total
project costs, as defined in Rule 9K-4.002(31), Florida
Administrative Code, 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), Florida Administrative Code.
2. The date of execution of this addendum shall be the date
that the last party signs this addendum.
ADDI\94-040-P4A
DFT\11-9-95
1
THIS ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, the CONCEPTUAL
APPROVAL AGREEMENT and its Exhibits "A", "B" and "C" embody the
entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this
ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT.
VILLA OF .E BISCAYNE
BY:
Title:
Date: t 1 1 / -3l Fc
Accepted as to Form and Legal
Suff.c}&ency:
Date: 1 `� / ! Date: III
!y
ADDI\94-040-P4A
DFT\11-9-95
FLORIDA COMMUNITIES TRUST
James F. ley, Chai
Date: /L/
Accepted as to Form and Legal
Sufficiency:
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