CONCEPTUAL APPROVAL AGREEMENT-CONFIDENTIALITY AGREEMENT
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FCT eontract # fl b'(! ~"z f... r Sr 56'" A l-tJ:l >
FLORIDA COMMUNITIES TRUST
P56 A W ARD# 95-023-P56
CONCEPTUAL APPROVAL AGREEMENT
THIS AGREEMENT is entered into on ~..c-:;- , 1996, the date
the last party executes this Agreement, by and betw n the FLORIDA eOMMUNITIES TRUST
(FCT), a nonregulatory agency within the State of Florida Department of Community Affairs,
and CITY OF CLEARWATER (FeT Recipient), a local government of the State of Florida. The
intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain
bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), that are
necessary to ensure compliance with applicable Florida Law and federal income tax law and to
otherwise implement provisions of Sections 259.101,375.045, and Chapter 380, Part III, Florida
Statutes (F.S.).
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WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a
nonregulatory agency within the Department of Community Affairs (Department) that will assist
local governments in bringing local comprehensive plans into compliance and implementing the
goals, objectives, and policies of the conservation, recreation and open space, and coastal
elements of local comprehensive plans, or in 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) of the Florida Preservation 2000 Act provides for the
distribution often percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the
Department of eommunity 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 Environmental Protection Preservation 2000 Revenue Bonds (Bonds);
WHEREAS, the Bonds are 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 Chapter 9K-4, Florida Administrative Code (F.A.C.), describes the
procedures for evaluation and selection of lands proposed for acquisition using funds allocated to
the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund;
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WHEREAS, theFCT Governing Body met on December 14, 1995, to score, rank and
select projects that were to receive Conceptual Approval for funding;
WHEREAS, Rule 9K-4.01O(2)(f), F.A.C., authorizes FCT to impose conditions for
funding on those FCT applicants whose projects have been selected for funding; and
WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual
Approval that must be satisfied by FCT Recipient prior to the disbursement of any FCT
Preservation 2000 funds awarded, as well as the restrictions that are imposed on the Project Site
subsequent to its acquisition with the FCT Preservation 2000 Series Bond Proceeds.
NOW THEREFORE, FCT and FCT Recipient mutually agree as follows:
I. GENERAL CONDITIONS
1. At least two original copies of this Agreement shall be executed by FCT Recipient
and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 as
soon as possible and before April 1, 1996. Upon receipt of the signed Agreements by FCT ,
FCT will execute the Agreements, retain one original copy and return all other copies that have
been executed to FCT Recipient. If the FCT Recipient requires more than one original
document, the FCT Recipient should photocopy the number of additional copies needed, and
then execute each as an original document.
2. The name Conceptual Approval Agreement is used to indicate that the project has
been approved as a concept that was described in FCT Application #95-023-P56. Since the
project site has not yet been negotiated for acquisition, some elements of the project are not yet
known, such as the purchase price, other project costs, and the terms upon which an owner will
voluntarily convey the property. The Conceptual Approval Agreement is in every respect a grant
contract between the parties. The Agreement describes activities that will be conducted both
prior and subsequent to acquisition of the project site, which is the subject of the application that
was submitted and selected for funding by the FCT.
3. Conceptual Approval for funding shall be until November 8,1996. In the event
the project has not been completed in full by November 8, 1996, the eonceptual Approval
Agreement must be extended in order that the grant will remain in effect. In advance of the
November 8, 1996, date and in sufficient time before a meeting of the FCT governing board that
would allow approval of an extension to this Agreement before its expiration, the FCT Recipient
must request a written extension to the Conceptual Approval Agreement for project continuation
in compliance with Rule 9K-4.010(2)(k), F.A.C. If the FCT Recipient does not request an
extension, or if an extension is not granted to the FCT Recipient by the FCT Governing Body,
the Preservation 2000 award granted to the FCT Recipient by the Governing Body shall
terminate and all obligations hereunder shall cease.
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4. Extensions to this Agreement, described in Paragraph 3 above, shall not exceed
two (2) years from date the Agreement was approved by the FCT, except as described in this
paragraph. If the project is not concluded by February 7, 1998, the project may only be
extended if the FCT Governing Body determines that a request for additional time to complete
the project is based upon compelling and extraordinary circumstances that would have precluded
the project from having been concluded sooner. This two-year limitation is based upon the
FCT's continuing concern at the length of time required by many local governments to conclude
their projects, as well as the Florida Legislature's on-going concern at the rate of expenditure of
FCT's Preservation 2000 funds.
5. This Agreement may be terminated before its expiration at the written request of
the FCT Recipient. Such a request shall fully describe the circumstances that compel the FCT
Recipient to terminate the project. A request for termination should be mailed to the offices of
the FCT at the address given in paragraph 1 above. The request for termination will be placed on
the agenda of the next regularly scheduled meeting of the FCT Governing Body for concurrence
by the FCT. The termination shall be acknowledged by the FCT in a letter to the FCT
Recipient.
Circumstances may arise that, in the analysis of the FCT, warrant termination of
the project before its completion. In such an event, the FCT will advise the FCT Recipient of its
analysis and will confer with the FCT Recipient on continuation ofthe project. If the FCT
Recipient concurs, a request for termination will be considered at the next regularly scheduled
meeting of the FCT Governing Body.
6. FCT Recipient agrees to make diligent efforts to submit the documentation that is
required in this Agreement as soon as is reasonably possible to FCT so that the Project Site may
be acquired in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines
associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere
to deadlines, whether stated in this Agreement or associated with meetings of the FCT Governing
Body, may result in delays in the project, may result in allocation of time or resources to other
recipients that responded timely, and may result in this Agreement being voidable. It is the
responsibility of the FCT Recipient to know all project deadlines, to devise a method of
monitoring the project, and to adhere to all deadlines.
7.. The FCT Preservation 2000 award granted to the FCT Recipient will in no event
exceed the lesser of FIFTY percent (50%) of the final total project costs, as defined in Rule 9K-
4.002(31), F.A.C., or ONE MILLION FOUR HUNDRED NINETEEN THOUSAND SIX
HUNDRED TWENTY-FIVE AND 00/100 Dollars ($1,419,625.00), unless the FCT Governing
Body approves a greater amount pursuant to Rule 9K-4.011(2)(a), F.A.C.
8. The grant amount stated in paragraph 7 above is based on the FCT Recipient's
estimate of Total Project Costs in application #95-023-P56, as well as limits on awards in the
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Notice of Application Period announcing the application cycle. When disbursing funds for the
project, the FCT will recognize the actual total Project Costs, defined in Rule 9K-4.002(31),
F.A.C., for acquisition of the Project Site. The total project costs will be reflected on a grant
reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in
the land cost at either the actual purchase price, or the maximum approved purchase price based
on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever
is less, and multiplied by the percent stated in paragraph 7 above..
9. The FCT Governing Body has given Conceptual Approval for funding to acquire
the entire Project Site identified in the FCT Recipient's application #95-023-P56. The Governing
Body reserves the right to withdraw the FCT award if the acreage that comprises the Project Site
is reduced so that the objectives of the acquisition cannot be achieved. Where the Project Site is
comprised of multiple parcels, the Governing Body reserves the right to withdraw the FCT award
if the priority parcel(s), identified in the acquisition plan prepared pursuant to Paragraph 4 of
Section II below and attached as Exhibit "A " to this Agreement, cannot be acquired.
10. The FCT funds shall be delivered either in the form of eligible Project Costs
prepaid by FCT to vendors or in the form of a state warrant at the closing ofthe Project Site to
the Seller or the Seller's designated agent authorized by law to receive such payment, provided
the Comptroller determines that such disbursement is consistent with good business practices and
can be completed in a manner minimizing costs and risks to the State, or to the FCT Recipient to
the extent expended by the FCT Recipient in excess of any local match required. If the Project
Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the
share of the FeT award that corresponds to the parcel being closed. FCT will prepare a grant
reconciliation statement prior to the closing of the Project Site parcel that will evidence the
amount of local match, if any is required, provided by the FCT Recipient and the portion of the
.FCT award that corresponds to the parcel being closed. Cash expended by the FCT for eligible
Project Costs incurred by the FCT will be recognized as part of the FCT grant award amount on
the grant reconciliation statement.
II. The FCT Recipient's local match, if any is required, shall be delivered either in
the form of eligible Project Costs prepaid to vendors by the FCT Recipient, or in the form of
cash, eligible donation ofland value or FCT Recipient's warrant at the closing of the Project Site.
If the Project Site is comprised of multiple parcels, the FCT Recipient shall deliver at the closing
of each parcel the share of the local match, if any is required, that corresponds to the parcel being
closed. The cash expended by the FCT Recipient for eligible Project Costs incurred by the FCT
Recipient conducting acquisition activities will be recognized as part of the local match, if any is
required, on the reconciliation statement prepared pursuant to paragraph 10 above. In the event
FCT Recipient's application #95-023-P56 represents that land is the source of local match, if any
is required, the value attributed to the land local match, if any is required, shall be determined
after an appraisal report that complies with the procedures and requirements set forth in Rule 9K-
6.007, F.A.C.
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12. The FeT Governing Body adopted the Preservation 2000 Program Approved List
of Complete Applications for Series P56 Funding Cycle on September 14, 1995, at which time
the Project Site became part of a list of lands that were approved for consideration for land
acquisition. If action initiated by the FCT Recipient that is the local government having
jurisdiction over the project site, subsequent to September 14, 1995, results in a governmentally-
derived higher value due to an enhanced highest and best use, the FCT acquisition activities will
be terminated unless the seller agrees that the appraisal will be done at the highest and best use of
the Project Site on or before September 14, 1995.
13. FCT Recipient hereby notifies the FCT that the following individual is the
authorized key contact, or project manager, on behalf of the FCT Recipient for purposes of
coordinating project activities for the duration ofthe project:
Name:
Title:
Address:
William C. Baker
Assistant City Manager
P. O. Box 4748
Clearwater, FL 34618-4748
Phone:
(813) 462-6700
Fax: (813) 462-6720
14. This Agreement may be amended at any time prior to FeT giving project plan
approval to the FCT Recipient. Any amendment must be set forth in a written instrument and
agreed to by both the FCT Recipient and FCT.
II. REQUIREMENTS THAT MUST BE MET PRIOR TO
INITIATION OF PROJECT SITE NEGOTIATION
1. As was requested in the letter from FCT to FCT Recipient dated
December 20, 1995, the FCT Recipient must provide FCT with copies of the Property Tax
Identification cards for each parcel that comprises the Project Site no later than February 8,
1996.
2. The FCT Recipient hereby notifies the FeT that FCT
[note: elect either FCT, FCT Recipient or FCT Recipient Agent] will be the party responsible for
all negotiation and acquisition activities.
The parties agree that mutual agreement as to the terms of the real estate contract
is in the best interest of both parties and agree to share all information regarding the acquisition
of the project site. In particular, the parties agree that prior to initiation of negotiations with
owner(s), the appraisal(s) and appraisal review memoranda will be provided by the party
responsible for all negotiation and acquisition activities to the other party.
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3. As was requested in the letter from FCT to FCT Recipient dated December 20,
1995, no later than March 1, 1996, the FCT Recipient must deliver to FCT a written statement
from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an
offer from the FCT Recipient and FCT.
4. Pursuant to Rule 9K-4.010(2)G), F.A.C., in the event the Project Site is comprised
of multiple parcels, FCT Recipient will provide an acquisition plan attached as Exhibit "A" and
mad~ a part of this Agreement. The acquisition plan must be approved by FCT prior to the
commencement of negotiations for any parcel in the Project Site. The acquisition plan addresses
the order in which the Project Site parcels will be acquired and the measures that will be taken to
assure that the entire Project Site will be acquired with the FCT Preservation award to the FCT
Recipient. Approval of the Conceptual Approval Agreement, with the acquisition plan attached
as Exhibit "A", shall constitute approval of the acquisition plan by FCT.
5. No later than April 1, 1996, the FCT Recipient shall execute a Confidentiality
Agreement pursuant to Rule 9K-6.01 0(5), F.A.C. A sample of a Confidentiality Agreement is
attached as Exhibit "B"; an Agreement specific to this project will be prepared by FeT for
execution by the FCT Recipient. This eonfidentiality Agreement is not a part of this Agreement
and may be amended without amending this Agreement, if needed.
6. By execution of this agreement, the FCT Recipient affirms that:
a. the FCT Recipient is ready, willing and able to provide the local match, if
any is required;
b. the FCT Recipient reaffirms the representations made in FCT Application
#95-023-P56;
c. the FCT Recipient shall, on the anniversary date ofthe approval of the
project plan by the Governing Body, prepare and submit to FCT an annual report as required by
Rule 9K-4.013, F.A.C.
d. the FCT Recipient authorizes the individual named in this paragraph to
execute all documents in connection with this project on behalf ofthe FCT Recipient, including
but not limited to the Conceptual Approval Agreement or any addenda thereto, purchase
agreement for the property, grant reconciliation statement, closing documents, statements
submitted as a part of the project plan, and Grant Award Agreement pursuant to Rule 9K-
6.014(6), F.A.C.:
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Phone:
Elizabeth M. Deptula
City Manager
P. O. Box 4748
Clearwater, FL 34618-4748
(813) 462-6700 Fax: (813) 462-6720
Name:
Title:
Address:
III. PROJECT PLAN APPROVAL
1. Prior to closing of the real estate transaction and final disbursement of award
funds by FCT, the FCT Recipient must prepare a project plan that complies with Rule 9K-4.011,
F.A.C. This project plan is a compilation of the following items listed below, which must be
reviewed and approved by FCT in a meeting of the Governing Body. In the event that the FCT
Recipient is a partnership, the FCT Recipient must provide FCT with the interlocal agreement
that sets forth the relationship among the partners and the fiscal and management responsibilities
and obligations incurred by each partner for the Project Site as a part of its project plan.
The project plan shall include, and shall not be considered by FCT unless it includes all of the
following:
a. A purchase agreement for acquisition of the Project Site, executed by the
property seller and the FCT Recipient, that is based on an appraisal or appraisals prepared
consistent with the requirements of Rule Chapter 9K-6, F.A.C., and be otherwise consistent with
the provisions of that rule chapter and in a form and with terms that are acceptable to FCT. (See
Paragraph 1 of Section IV below)
b. A management plan that complies with the following: written according
to Exhibit C (FCT Technical Assistance Bulletin #2-- Writing a Management Plan), which is
attached hereto and incorporated herein by reference; acceptable to FCT; addresses the criteria
and conditions set forth in Section V, VI, VII and VIII hereinbelow; and, at a minimum, sets
forth how the site will be managed to further the purpose of the project, contains a description of
all planned improvements to the Project Site, identifies the costs of management and site
improvement and funding sources, and identifies the management entity and its funding source.
If the FeT Recipient is not the proposed managing entity, the project plan must include a signed
agreement between the FCT Recipient and the managing entity stating the managing entity's
willingness to manage the site, the manner in which the site will be managed to further the
purpose(s) of the project, and identification of the source of funding for management.
c. A statement of the total Project Cost, including all non-recurring costs of
project development.
d. A statement of the amount ofthe award being requested from the FCT.
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e. A statement from each local government in whose jurisdiction the Project
Site is located that the project plan is consistent with the local comprehensive plan.
f. Evidence that the conditions imposed as part of the Conceptual Approval
Agreement have been satisfied.
g. An affidavit from the FCT Recipient evidencing that after conducting a
diligent search, the FCT Recipient, to the best of its knowledge, represents that there are no
existing or pending violations of any local, state, regional and federal laws and regulations on the
Project Site.
2. The FCT strongly encourages the FCT Recipient to request a courtesy review of
its entire project plan, but especially its management plan, well in advance of the meeting of the
FCT Governing Body where the project plan will be considered for approval and funds will be
authorized for disbursement. As a part of its duties to the Governing Body, FCT Staff will make
a recommendation of approval of complete and accurate project plans or disapproval of
incomplete or insufficient project plans. FCT Recipient is strongly urged to coordinate with the
FCT staff in order that the FCT review of the management plan coincides with both the
anticipated Governing Body approval and the closing date of the real estate transaction(s)
associated with the project.
3. Pursuant to 9K-4.011(2)(h), F.A.C., FCT shall withhold project plan approval if
the local comprehensive plan(s) of the FCT Recipient or the FCT Recipient's partner is, for any
reason found not in compliance by the Department after conceptual approval has been granted by
FeT, unless the FCT Recipient has executed a Compliance Agreement (formerly called a
stipulated settlement agreement) with the Department to resolve all of the issues raised by the
Department in a statement of intent to find a plan not in compliance issued to pursuant to Section
163.3184(8), F.S.
4. Pursuant to Rule 9K-4.010(3), F.A.C., the FCT shall publish a Notice of Approval
for Preservation 2000 Funds in the Florida Administrative Weekly that shall list each project
plan that has received approval for funding and the amount of funding approved. Any person
with a substantial interest that is or may be determined by the decision of the FCT to reject or
approve the project plan may request an administrative proceeding pursuant to Section 120.57,
F.S. within 21 days from publication of the Notice of Approval for Preservation 2000 Funds.
Real estate closings associated with the project may close only after expiration of the 21-day
notice period, so long as no requests for an administrative proceeding have been filed.
IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY
CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, F.S.
FCT RECIPIENT AGREES AS FOLLOWS:
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1. FCT shall approve the terms under which the interest in land is acquired, pursuant
to Section 380.510(3), F.S. Such approval is deemed given when the FCT governing body
approves and executes the purchase agreement for acquisition ofthe Project Site, further
described in Section III.1.a. above, to which FCT is a party.
2. Title to the Project Site shall be titled in the FCT Recipient, unless the FCT
Recipient specifically requests that title shall permanently vest in the Board of Trustees of the
Internal Improvement Trust Fund (Trustees). Such request shall be subject to the approval of
FCT and the Trustees. The FCT Recipient hereby elects that title to the Project Site shall be
vested in City of Clearwater [Note--insert either the name ofFCT Recipient or
Board of Trustees of Internal Improvement Trust Fund]. If the FCT Recipient elects that title
shall vest in the Trustees, then all acquisition activities shall be administered by the Division of
State Lands as specified in Section 253.025, F.S., and Rule 18-1, F.A.C.
3. The transfer of title to the FCT Recipient for the Project Site shall not occur until the
requirements for the acquisition oflands, as specified in Section 380.507(11), F.S., and Rule
Chapter 9K-6, F.A.C., have been fully complied with by the FCT Recipient and FCT.
4. Any deed whereby the FCT Recipient acquires title to the Project Site shall
contain or be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure
that the use ofthe Project Site at all times complies with Section 375.045 and 375.051, F.S.;
Section 9, Article XII of the State Constitution; the applicable bond indenture under which the
Bonds were issued; and any provision of the Internal Revenue Code or the regulations
promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for
the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement
Trust Fund upon failure to use the Project Site conveyed thereby for such purposes. Such
covenants and restrictions as are described in this paragraph shall be in the form of a Grant
Award Agreement, prepared by FCT, executed by the parties to the Conceptual Approval
Agreement and recorded at the time of closing of the Project Site. The recordable Grant A ward
Agreement shall restate the conditions that were placed on the Project Site at the time of project
selection and initial grant approval. All statements contained in the recordable Grant Award
Agreement are contained in this Conceptual Approval Agreement, with the exception of
statements that do not survive the real estate closing of the Project Site.
5. The Grant Award Agreement containing such covenants and restrictions as
referenced in paragraph 4 above and describing the real property subject to the Agreement shall
be executed by the FCT and FCT Recipient at the time ofthe conveyance of the Project Site and
shall be recorded in the county in which the Project Site is located.
6. If any essential term or condition of the Grant Award Agreement is violated, and
the FCT Recipient does not correct the violation within 30 days of written notice of violation,
title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal
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Improvement Trust Fund. The deed transferring title to the Project Site to the FCT Recipient
shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust
Fund.
7. The interest, if any, acquired by the FCT Recipient in the Project Site shall not serve
as security for any debt of the FCT Recipient.
8. If the existence of the FCT Recipient terminates for any reason, title to all interest
in real property it has acquired with the FCT award shall be conveyed or revert 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.
9. The Project Site shall be managed only for the conservation, protection and
enhancement of natural resources and for public outdoor recreation that 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 must
be specifically designated in the management plan approved by the FCT asa part of the project
plan.
v. OBLIGATIONS OF THE FCT RECIPIENT AS
A CONDITION OF PROJECT FUNDING
1. Following the acquisition of the Project Site, the FCTRecipient 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, the amendment shall be proposed at the next
comprehensive plan amendment cycle available to the FCT Recipient subsequent to the Project
Site's acquisition.
2. FCT Recipient shall ensure, and provide evidence thereofto FCT, that all
activities under this Agreement comply with all applicable local, state, regional and federal laws
and regulations, including zoning ordinances and the applicable adopted and approved
comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits
have been obtained prior to the commencement of any construction.
3. 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 management
plan approve by the FCT as a part of the project plan.
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4. 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.
5. 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 major
land alterations shall require the written approval of FCT. The approvals required from FCT
shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed
structures, buildings, improvements, signs, vegetation removal or land alterations will not
adversely impact the natural resources ofthe Project Site. The approval by FCT ofthe FCT
Recipient's management plan addressing the items mentioned herein shall be considered written
approval from FCT.
VI. OBLIGATIONS OF THE FCT RECIPIENT
RELATING TO THE USE OF BOND PROCEEDS
1. FCT is authorized by Sections 375.045(4) and 380.51O(7)(a) and (b), F.S., to impose
conditions for funding on FCT Recipient in order to ensure that the project complies with the
requirements for the use of Preservation 2000 Bond proceeds including without limitation, the
provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same
pertain to tax exempt bonds.
2. If the Project Site is to remain subject, after its acquisition by the FCT Recipient
andlor the Trustees, to any ofthe below listed transactions, events, and circumstances, the FCT
Recipient shall provide at least 60 days advance written notice of any such transactions, events,
and circumstances to FCT, and shall provide to FCT such information with respect thereto as
FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or
interest. FCT Recipient agrees and acknowledges that the following transactions, events, and
circumstances may be disallowed on the Project Site as they may have negative legal and tax
consequences under Florida law and federal income tax law. The FCT Recipient further agrees
and acknowledges that the following transactions, events, and circumstances may be allowed up
to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations
of the Internal Revenue Service:
a. any sale or lease of any interest in the Project Site to any person or
organization;
b. the operation of any concession on the Project Site by any 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 any person or organization;
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d. any use of the Project Site by any 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 that use
expected at the date of the issuance of any series of bonds from which the disbursement is to be
made;
f. a management contract ofthe Project Site with any person or organization;
or
g. such other activity or interest as may be specified from time to time in
writing by FCT to the FCT Recipient.
The foregoing are collectively referred to as the "Disallowable Activities."
VII. DISALLOW ABLE ACTIVITIES/REMEDIES
In the event that FCT determines at any time or from time to time that the FCT Recipient
is engaging or allowing others to engage in Disallowable Activities on the Project Site, the FCT
Recipient agrees to immediately cease or cause the cessation of the Disallowable Activity upon
receipt of written notice from the FCT. To the extent allowed by law, FCT Recipient hereby
indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any
nature whatsoever arising from or with respect to Disallowable Activities on the Project Site.
Nothing herein shall be deemed a waiver of the FCT Recipient's sovereign immunity. In
addition to all other rights and remedies at law or in equity, FCT shall have the right to
temporary and permanent injunctions against FCT Recipient for any Disallowable Activity on
the Project Site.
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
RESUL T OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE
FULL Y COMPLIED WITH BY THE CONTRACTING PARTY.
VIII. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT
MUST BE ADDRESSED IN THE MANAGEMENT PLAN
The management plan for the Project Site is mentioned throughout this Agreement, and is
particularly described in Paragraph l.b. of Section III above. In addition to the various
conditions already described in this Agreement, which apply to all sites acquired with FCT
CAA/95-023-P56
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funds, the management plan shall address the following conditions that are particular to the
Project Site and are result from either representations made in the application that received
scoring points or observations made by the FCT staff during the site visit described in Rule 9K-
4.010(2)(f), F.A.C.:
1. Outdoor recreational facilities including nature trails and observation boardwalk
shall be provided. The Project Site 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 provide environmental education programs at the Project
Site. Formal environmental education programs shall be conducted on continuing and regular
basis.
3. The FCT Recipient shall provide an organized recreational program directed
toward the participation of at-risk-youth as described in the grant application. The program shall
be offered on a continuing basis at the Project Site focusing on the mitigation of juvenile crime
through the provision of recreational opportunities.
4. The timing and extent of a vegetative survey of vegetative communities and plant
species on the Project Site shall be specified. The FCT Recipient shall detail how the survey
shall be used during development of the site to insure the protection, restoration, and preservation
of the natural resources on the Project Site.
5. The vegetative communities that occur on the Project Site shall be preserved and
appropriately managed to ensure the long-term viability of these communities.
6. The FCT Recipient shall ensure that the Project Site is managed in a manner that
will protect and enhance the listed and non-listed native wildlife species and their habitat. The
FeT Recipient shall coordinate with the Florida Game and Fresh Water Fish Commission to
ensure the preservation and viability of listed and non-listed native wildlife species and their
habitat.
7. The FCT Recipient shall coordinate with adjacent park lands and School Board
lands to ensure the management of the site and adjacent sites are conducted in a manner to
enhance habitat protection and recreation opportunities.
8. The FCT Recipient shall monitor adjacent development activities to ensure that
such activities do not negatively effect to the resources on the Project Site.
9. A vegetation analysis ofthe Project Site shall be performed to determine which
areas of the Project Site need a prescribed burning regime implemented to maintain natural fire-
CAA/95-023-P56
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13
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dependent vegetative communities. The FCT Recipient shall coordinate with Division of
Forestry and Game and Fresh Water Fish Commission on the development of a prescribed burn
plan for the Project Site.
10. The water quality ofthe Lake Chataugua shall be protected and improved
consistent with the ongoing Comprehensive Management Plan for the Alligator Creek
Watershed. Known pollution sources which have been identified in the watershed plan shall be
removed or mitigated. The FCT Recipient shall coordinate with the Southwest Florida Water
Management District and Pinellas County on the design and implementation of the watershed
management plan for the basin.
11. Invasive exotic vegetation that occurs on the Project Site shall be eradicated. The
FCT Recipient 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.
12. The FeT Recipient shall investigate the need to develop and implement a feral cat
removal program for the Project Site.
13. The parking area shall use pervious material to the extent possible.
14. Provide bike parking stands at the site to provide an alternative to automobile
transportation to the Project Site.
15. The requirements imposed by other grant program funds that may be sought by
the FeT Recipient for activities associated with the Project Site shall not conflict with the terms
and conditions of the FCT award.
This Agreement including Exhibits "A", "B" and "C" embodies the entire agreement
between the parties.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
CITY OF CLEARWATER
By: tf; h1 r
Name: zabet M. Deptula
City Manager
Date: ~k:v!?~
, ,
Date:
kin, City Attorney
3-I:A-C?b
Countersigned:
ssioner
ATTEST:
- ~ - . - ., ~ - .. <~
", -,-Z -jjl9.~
E'p-Go~.':lU,-City Clerk-
/-' -
CAA/95-023-P56
2-8-96
FLORIDA COMMUNITIES TRUST
Accepted as to Form and Legal
SUff~~
Ann J. Wild, ~i C '7eJ...e:,
Date: V ~ '1
.
15
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Contract No: fl6"'Cr:-.t-f,,95....>6-/-/~Ol::P
FCT Project No: 95-023-P56
CONFIDENTIALITY AGREEMENT
This is a Confidentiality Agreement ("Agreement") pursuant to Rule
9K-6.010(5), Florida Administrative Code (F.A.C.).
Parties to the Confidentiality Agreement: CITY OF CLEARWATER ("FCT
Recipient"), a municipality within the state of Florida, and the
Florida Communities Trust ("FCT"), a nonregulatory agency within
the Department of Community Affairs.
Parcels Covered by this Agreement: This Agreement covers all
parcels identified as part of the project site in FCT application
95-023-P56/CAMP SOULE that was selected for funding and is governed
by a Conceptual Approval Agreement for FCT Project Number 95-023-
P56/CAMP SOULE ("Project Site") .
Confidentiality:
a) Pursuant to Rule 9K-6.002(17), F.A.C., the term
"Confidential" refers to information that shall not be available
for public disclosure or inspection and is exempt from the
provisions of Section 119.07(1), Florida Statutes (F.S.).
b) The FCT Recipient and its agents shall maintain the
confidentiality of all appraisals, offers, and counteroffers as
required by Section 125.355(1) (a), F.S., for counties, or Section
166.045(1) (a), F.S., for municipalities, and Rule Chapter 9K-6,
F.A.C. The FCT Recipient may disclose such confidential
information only to the individuals listed herein below.
c) Requests to add persons to the disclosure list must be
made in writing and the FCT Recipient must receive the written
consent of the FCT Executive Director and execute an Addendum to
the Agreement. All confidentiality requirements outlined above
shall apply to individuals added to the list.
d) The undersigned board members and staff of the FCT
Recipient and its agents, if any, agree to maintain the
confidentiality of appraisal information, offers and counter-offers
concerning FCT Project Number 95-023-P56/CAMP SOULE, as required by
CONFID/FCT# 95-023-P56
REV. 2/23/95
~- ..
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Section 125.355 (1) (a), F.S., for counties, or Section 166.045
(1) (A), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C.,
and by this Confidentiality Agreement between the FCT Recipient and
FCT.
e) The undersigned certify that they have no legal or
beneficial interest in the Project Site.
Date
FCT Recipient Board Member,
Staff or Agent name
Signature
3~~h'
w ,
Elizabeth M. Deptula
*.3/,c.
'3 J/~/1'
/ I
'3 -/9~7~
William C. Baker
Pamela K. Akin
Rita Garvey
3-/ !-'lr;
S - \1q 1
!..//1f'
3-ff~4~
Sue Berfield
Robert Clark
John B. Johnson, Jr.
Fred A. Thomas
CONFID/FCT# 95-023-P56
REV. 2/23/95
I
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CITY OF CLEARWATER
Countersigned:
By:
(Name)
Its:
~k/r
izabeth . Deptula
City Manager
Rita Garvey
Mayor-Commissioner
Date:
3"t v;9~
, ,
ATTEST:
Approved as to
LegalitY:~
By: kl i
Pamela K. kin
City At torney
Form
and
n~
~-B.
City Cl,!3-ik
CS' .~ Ii
C~ '., '..,.,
Gciicfea.~), ,
,pUi
FLORIDA COMMUNITIES TRUST
By: ~~kzj
Anne Peery, Executive.
Director
y !'){! qt,
Date:
Approved
Legali
as
to
Form
and
,CONFID/FCT# 95-023-P56
REV. 2/23/95