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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"); GAA\94-040-P4A 11-9-95 1 ntF 170727M 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 GAA\94-040-P4A 11-9-95 2 Tr..17072°12022 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 GAA\94-040-P4A 11-9-95 3 11119Refagli- 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 GAA\94-040-P4A 11-9-95 4 g 11"f072K2924 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 GAA\94-040-P4A 11-9-95 5 --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; GAA\94-040-P4A 11-9-95 6 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. GAA\94-040-P4A 11-9-95 7 -if:5)11245MP-- 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: ,F� C�„: Cris DAD: n Ht ° ite ;,17, ch-w o 9 "Ccuiify Co.n-(s 0 C 2