ENVIRONMENTAL PROJECT SITE IN SECTION 08-29-16
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This document prepared by:
C. Erica White
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Ta~hassee, FL 32399
..,.
03-225064 JUN- 3-2003 2: 05PM I
PINELLRS CO BK 12790 PG 2382
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FLORIDA COMMUNITIES TRUST
FF1 AWARD #01-015-FF1
FCT Contract# or. e7. .2~ ~ ~ I -,c:-, .::r" Q I..r'
GRANT AWARD AGREEMENT
THIS AGREEMENT is entered into this~?"-'oay of ()\A7 ,2003, by and between the
FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida
Department of Community Affairs, and the CITY OF CLEARWATER, a political subdivision of the
State of Florida ("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 II 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 259.105,259.1051, 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 or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governments and nonprofit
environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the
distribution of twenty- two percent (22%) less certain reductions of the net Florida Forever Revenue
Bond proceeds to the Department to provide land acquisition grants to local governments and
nonprofit environmental organizations through the FCT for acquisition of community-based projects,
urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation
areas to implement local comprehensive plans;
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;
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I P I NELLRS COUNTY FLR.
OFF.REC.8K 12790 PG 2383
WHEREAS, Rule Chapter 9K-7, Florida Administrative Code (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-7, F.A.C.;
WHEREAS, the FCT has approved the terms under which the Project Site is acquired and the
deed whereby the Recipient acquires title to the Project Site shall contain 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 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 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 using funds from the Florida Forever
Trust Fund award.
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 Recipient do hereby contract and agree as follows:
I. GENERAL CONDmONS.
1. Upon execution and delivery by the parties hereto, the Recipient shall cause this
Agreement to be recorded and filed in the official public records of Pin ell as 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 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 the Florida Forever Bonds is not jeopardized, FCT and 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 Recipient and FCT.
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1 PINELLAS COUNTY FLA.
OFF. REC . BK 12790 _~~_~~~-~---
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
Recipient and their respective successors and assigns.
5. This Agreement shall be governed by and construed in accordance with the laws ofthe
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 ifby personal delivery or expedited delivery service, or upon actual
receipt if sent by registered mail.
FCT:
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
A TTN: Executive Director
Recipient:
City of Clearwater
Public Works Administration
P. O. Box 4748
Clearwater, Florida 33758
ATTN: Terry Finch. Environmental Manager
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.
ll. PROJECT SITE REQUIREMENTS IM:POSED BY CHAPTER 259, CHAPTER 375,
AND CHAPTER 380, PART ill, FLORIDA STATUTES.
I. If any essential term or condition of this grant agreement is violated by the Recipient
or by some third party with the knowledge of the Recipient and the Recipient does not correct the
violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site
shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The FCT shall
treat such property in accordance with Section 380.508(4)(e), Florida Statutes.
2. Any transfer of the Project Site shall be subject to the approval ofFCT 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.
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PINELLRS COUNTY FLR.
OFF.REC.BK 12780 PG 2385
3. The interest, if any, acquired by the Recipient in the Project Site will not serve as
security for any debt of the Recipient unless FCT approves the transaction.
4. If the existence of the Recipient terminates for any reason, title to all interest in real
property 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 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 Recipient fails to commence or to complete the rebuilding,
repair, replacement or restoration ofthe 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 ofa 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.
ill. PROJECT SITE OBLIGA nONS IMPOSED BY FCT ON THE RECIPIENT.
1. The Project Site shall be managed only for the conservation, protection and
enhancement of natural and historical resources and for passive, natural resource-based public
outdoor recreation which is compatible with the conservation, protection and enhancement of the
Project Site, along with other related uses necessary for the accomplishment of this purpose. The
proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT.
2. The Recipient shall prepare and submit to FCT an annual stewardship report as
required by Rule 9K-7.013, F.A.C.
3. The 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 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 Recipient.
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-OFF.REC.BK 12790 PG 2386
4. 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 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 Recipient at the Project Site.
7. All buildings, structures, improvements, and signs shall require the prior written
approval ofFCT as to purpose. Further, tree removal, other than non-native species, and/or major
land alterations shall require the written approval ofFCT. 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 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 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 authorization has been obtained from the Department of State, Division of Historical
Resources.
9. The 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 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
Recipient.
IV. OBLIGA nONS INCURRED BY RECIPIENT AS A RESULT OF BOND
PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE.
I. If the Project Site is to remain subject, after its acquisition by the State and the
Recipient, to any of the below listed activities or interests, the 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:
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OF:I~~~LAS COUNTY FLA.
__' .BK 12790 PG 2387
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.
organization; and
a management contract of the Project Site with a non-governmental person or
f such other activity or interest as may be specified from time to time in writing
by FCT to the Recipient.
2. 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;
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
organization; and
a management contract of the Project Site with a non-governmental person or
g. such other activity or interest as may be specified from time to time in writing
by FCT to the Recipient.
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PINELLRS COUNTY FLR
OFF.REC.BK 12790 PG 2388
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENTAND
OTHER GOVERNMENT AL BODIES, NOT FOR PROFIT ENTITIES, OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WilL
IN NO WAY RELIEVE THE RECIPIENTt OF THE RESPONSffiILITY 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 THAT ARE PARTICULAR TO THE PROJECT SITE AS A RESULT
OF THE FCT APPROVED MANAGEMENT PLAN.
1. Two or more resource-based outdoor recreational facilities including nature trails and wildlife
obseIVation decks shall be provided. The facilities shall be designed and located with minimal impact
to natural resources on the Project Site.
2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The
sign shall acknowledge that the Project Site is open to the public and was purchased with funds from
the Florida Communities Trust and the City of Clearwater.
3. Interpretive signage shall be provided to educate visitors about the natural environment ofthe
Project Site.
4. At least 24 environmental education classes or programs shall be conducted annually at the
Project Site by trained educators or resource professionals.
5, The water quality of Alligator Creek shall be enhanced through the implementation of a
program to restore the creek and wetlands to a more natural function and shall include the
meandering of the creek and creation ofan extensive wetland littoral zone. The development of the
restoration plan shall be coordinated with the Southwest Florida Water Management District.
6. Any proposed stormwater facility for the Project Site shall be designed to provide recreational
open space or wildlife habitat.
7. The area adjacent to the railroad right-of-way shall be landscaped with native plant species to
provide wildlife habitat and enhance the function and appearance of the Project Site.
8. The degraded wetland communities along the shoreline of Alligator Creek shall be restored in
terms of biological composition and ecological function.
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9. An ongoing monitoring and control program for invasive vegetation including exotic (non.
native) and nuisance native plant species shall be implemented at the Project Site. The objective of
the control program shall be the elimination of invasive exotic plant species and the maintenance of a .
diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant
Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the Project
Site.
10. A feral ~a1 removal program shall be developed and implemented for the Project Site.
11. Management of the Project Site shall be coordinated with the land managers of the adjacent
conservation lands lying to the east and west of the Project Site.
12. An archaeological survey shall be preformed for any area within the Project Site proposed for
development prior to the commencement of proposed development activities in that area. All planned
, activities involving known archaeological sites or identified site areas shall be closely coordinated with
the Department of State, Division of Historic Resources in order to prevent the disturbance of
significant sites.
13. Pedestrian and bicycle access to the Project Site shall be promoted through the provision of
pedestrian oriented walkways and bicycle facilities that link the Project Site with adjacent residential
neighborhoods. Bike parking stands shall be installed at the Project Site to provide an alternative to
automobile transportation to the Project Site.
14. The Project Site shall be managed as part of the Pinellas County recreational trail system.
, Proposed trail system improvements shall include the extension of the multi purpose trail network and
trailhead facilities.
15. The Project Site shall be protected and managed as part of linked conservation 'lands and
wildlife corridor.
16. Proposed site improvements shall be designed and located to minimize or eliminate the long
term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or
, experts.
17. The requirements imposed by other grant program funds that may be sought for activities
associated with the Project Site shall not conflict with the terms and conditions of this award.
This Agreement including Exhibit · A- embodies the entire agreement between the parties.
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PINELLRS COUNTY FLR
OFF,REC.8K 12790 PG 2390
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
CITY OF CLEARWATER, FLORIDA
Approved as to form:
NotARY PUIlUC . 8'rATE 01' FLORIDA
CAROLYN L BRINK
COMMISSION 1/ CC834678
EXPIRES 512212003
BONDED 'THRU ASA 1-888-NOTARY1
Witness:
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PrintName:;?/Z"..,v W-;S:'A5~
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Print ame: -, ~ . _ --,:;, 01"
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By:
Attest:
CITY OF CLEARWATER, FLORIDA
12&~"B. ~_n
William B. Home, II
City Manager
- Z.
t ia E. Goudeau -.
lerk
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Print Name:
Commission No.
My Commision Expires:
FLORIDA COMMUNITIES TRUST
BY:~~
Janice Browning
Executive Director
Date: C/J-1 (O~
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ApprondQs)o Form apdJ1eyyty: ...
By: L'. ~ ~
Print Name: C. Yfl' (~ vJbJc-;
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PINELLRS COUNTY FLR
OFF.REC.8K 12790 PG 2391
STATE OF FLORIDA
COUNTY OF LEON
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The foregoing instrument was acknowledged beforeme this~ day of ~ .
2003, byc,pe!lliiUe. s-",-t/b,J . asIfJ6vJE'PJiv~ ~,~dWhOi personally
known to me .k /J /)1-&U f
NcI~
Print Name:
Commission No.
My Commission Expires:
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EXHIBIT" A"
PINELLRS C
DFF.REC.8K DUNTY FLR
12790 PG 2392
That part 0 f the Northeast 1/4 of the Southeast 1/4 of Section 8, Township 29 South, Range 16 East,
Pinellas C(.unty, Florida, lying South and East oflhe Tampa and GulfConst Railroad Right-of..way,
Less the following described parcel:
I I,'rom the Northeast corner of the Southeast 1/4 of said Section 8 run South 00014'20" West along
. the section line 363.0 teet for a Point of Beg inning; thCI1CC continue along the section line 230.0 teet;
thence Nor:h 89020'32" West 283.0 fee~; thenceNorth2r 17'14" East 257.28 feet; thence South 890
20'32" Eos': 166 feet to the Point of 13egillnmg, being further described as:
That part o'fthe Norlheast 1/4 ofthe N(ulheast 1/4 of the Southeast 1/4 of Section 8, Township 29
South, Range 16 East, lying South and E..'lst of the S.A.L. Railroad and further de...cribed as follows:
Begin at thl: Northeast comer oflhe Southeast 114 of Section 8, Township 29 South, Range 1.6 East,
run thence South 00" 14'20" West along the section line 363.0 feet; thence North 89" 20'32" West
166.0 feet; ':hence South 27017'14" Wcs1257.28 feet; thence South 8')0 20'32" East 283.0 feet to the
section Jine:; thence South 000 14'20" West along the Section line 741.70 teet; thence North g~r
35'58" Wc~t along the 40 acre line 1384.74 feet; thence North 00050'31" East 1 048.83 feet to the
Southerly right-of:'wclY line of the S.A.L. Railroad; thence along a curve to the left along the
Southerly right-of-way of said SA.L. Railroad, whose chord hears North 72U 44'22" East, chord
943.56 teet. arc 969.91 feet and radius 1196.28 feet to the East-West centerline of said Section 8;
thence Sou'h 89(' 33'16" East along the East-West centerline ofs~Lid Section 8473.80 feet t.) the
Point of Beginning.
Being nlot( particularly described as follows:
That part ofthe Northeast 114 of the Northeast 114 of the Southeast 1/4 of Section 8, Township 29
Soulh, Range 16 East, lying South and East ofthe S.A.L. Railroad ami further described as toll,)ws:
Begin at the Northeast comer oflhc Southem.t !/4 of Section ~, Township 2~) South, Range 16 East,
run thence ~)outh 00"13'48" West along the section line 362.97 teet; thence North 89020'08" West
166.09 feel: 'lhcnce South 27017'20" West 257.33 leel; thence Suulh 89020'22" East 283.061cet to
the section jne; thence South 00014'21" West along the section line 741.67 feet; thence North 890
35'58" West along the 40 acre line, 1385.87 feet; thcllce North 000 54'25" Em.t 1049.20 feet to the
Southerly right~of-way line of the S.A.L. Railroad; thence along a curve to the leJl along the
~outhcTly r: ght-of-way of said S.A.L. Railroad, whose chord bears North 72046'01" F.a,'\t, c!lord
943.25 feet. arc 969.58 feet and radius 1196.2R feet to the East-West centerline of snid Section R.
,
thence South 89034'14" East along the East-West centcrline of said Section & 473.90 feet to the
Point of Be.~inning.
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