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PORTION TRACT A MYRON A SMITH BAY VIEW & REVSED MAP TOWN OF BAY VIEW This document prepared by: Ann J. Wild Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 FLORIDA COMMUNITIES TRUST FF AWARD# 01-144-FFl FCT Contract# D 7 - e. 7, r H. ,,/ -,:- / _ :r I . /.,. Y GRANT AWARD AGREEMENT THIS AGREEMENT is entered into thisJ::4-day of ,;V "//;A,f F/~, 2002, 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 ("FCT Recipient"), in order to impose terms, conditions, and restrictions on the use 0 f t he proceeds 0 fc ertain bonds, hereinafter described, and t he I ands acquired with such proceeds and as described in Exhibit" A" attached hereto and made a part hereof ("Proj ect 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 ~80, 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 oftwenty- two percent (22%) less certain reductions ofthe 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; GAA\01-144-FFl 9/18/02 1 .~.~ ~ 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 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 FCT 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 oftitle 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 ofthis Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever Bond 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 FCT Recipient do hereby contract and agree as follows: I. GENERAL CONDITIONS. I. 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 Pinellas County, Florida, and referenced in the warranty deed vesting fee simple title to the Project Site in the FCT Recipient, 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 the Florida Forever Bonds is not jeopardized, FCT and FCT Recipient shall amend the Agreement accordingly. GAA\0l-144-FFl 9/18/02 2 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 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 ATTN: Executive Director FCT Recipient: C:r'r C, .) F CQ:Art.I"AT?'A:. / ~ # /0 Lr,# rt .,,eru- A v':. C('44-Iv",rr~ H 77 7J~ ATTN: /'1~. 4d-r ~4{)r/l 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 REQUIREMENTS 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 ofthe 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. GAA\OI-144-FFI 9/18/02 3 ~. 2. Any transfer ofthe 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. 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. Ifthe existence ofthe FCT 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 F CT 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 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 of a default hereunder. Notwithstanding any ofthe foregoing, FCT will have the right to seek specific performance of any ofthe covenants and restrictions ofthis 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 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 Proj ect Site are specifically designated in the Proj ect Plan as approved by FCT. 2. The FCT Recipient shall prepare and submit to FCT an annual stewardship report as required by Rule 9K-7.013, F.A.C. GAA\01-144-FFl 9/18/02 4 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 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 no~ 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 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. 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 Proj ect Site will be prohibited unless prior written 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 F CT 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 FCT RECIPIENT AS A RESULT OF BOND PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE. GAA \01-144-FF 1 9/18/02 5 1. Ifthe 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 ofthe Project Site or a lease ofthe 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 ofthings 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; GAA\01-144-FFl 9/18/02 6 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 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 ARESUL T OF THE FCT APPROVED MANAGEMENT PLAN. 1. Two or more resource-based outdoor recreational facilities including a covered picnic pavilion and wildlife observation platform 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 ofthe 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 Program and the City of Clearwater. 3. Interpretive signage shall be provided to educate visitors about the natural environment of the 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. A biological inventory ofthe natural communities found on the Project Site, including the dominant and listed plant and animal species, shall be conducted prior to any site development. The inventory shall be used to ensure the protection of biological resources and be updated periodically. 6. The canopy trees on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of the trees. GAA\01-144-FFl 9/18/02 7 7. The Project Site shall be managed in a manner that will protect and enhance the habitat for native wildlife species that utilize or could potentially utilize the site. The development of the Management Plan shall be coordinated with the Florida Fish and Wildlife Conservation Commission's Office of Environmental Services to ensure the preservation and viability of native wildlife species and their habitat. 8. The water quality of Tampa Bay near to the Project Site shall be protected and enhanced. The County shall implement a plan to improve water quality in the area including the removal of existing house trailer pads and asphalt driveways on the Project Site. 9. Areas adjacent to the road right-of-ways and residential neighborhood shall be landscaped with native plant species to provide wildlife habitat and enhance the function and appearance of the Project Site. 10. 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. 11. A feral animal removal program shall be developed and implemented for dogs, cats, ducks, and other non-native wildlife that may be found on the Project Site. 12. Management ofthe Project Site shall be coordinated with management of the adjacent County mitigation area and Florida Department of Transportation stormwater facility. 13. Prior to the commencement of any proposed development activities, measures shall be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 14. An archaeological survey shall be conducted to determine the integrity and extent of the Indian mound that exists on the shoreline of Tampa Bay. The results of this survey shall be reviewed in conjunction with the Division of Historic Resources to develop an appropriate protection plan for the archaeological and historic resources on the Project Site. 15. The location and design of the parking and 0 ther si te improvements shall have minimal impact on natural resources. The parking area shall incorporate pervious material wherever feasible. Stormwater management facilities on the Project Site shall be designed to provide recreational open space or wildlife habitat. GAA\01-144-FFl 9/18/02 8 16. 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. 17. An access easement connecting the Project Site to Tampa Bay shall be acquired from Pinellas County and shall support a multi use trail to provide shoreline access to Tampa Bay. 18. 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. 19. 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 agreement. This Agreement including Exhibit "A", ifrequired, embodies the entire agreement between the parties. THIS GRANT AWARD AGREEMENT embodies the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: CITY OF CLEARWATER By: Print Name: Title: Print Name: Date: Print Name: Approved as to Form and Legality: By: Print Name: SEE ATTACHED. GAA\01-144-FFI 9/18/02 9 CITY OF CLEARWATER, FLORIDA By: 6J4'J~ --.13 .~... ::n: William B. Horne II City Manager STATE OF FLORIDA ) COUNTY OF PINELLAS ) /1.. ~,f~r~gping instrument was acknowledged before me this /7 day of ~ ,2002, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. ""'''''' 0 ' AW'I ~I~ r~, enlse I son ~~: . 'f~ MYCOMMISSION# CC914107 EXPJUs' ~. W June 18, 2004 "'~p.f.:f.-~~' BONDEDTHRU TROY fAIN INSURANCf,1HC Print/Type Name: Notary Public -"'- STATE OF FLORIDA COUNTY OF LEON ~ The foregoing instrument was acknowledged before me this !3 "day of 2002, by :fA/./~~, J7d-IJPrtk ~ , as i're~ r7v~ J.z: ~ ...7"0 known to me. ~,,\"\II1"""'l ~'~_('\J,\e H, Brett ~/I,~ ~ vrJ.1....... ~ ~ ....~~\S510N c.":.. ~ ~ ..,,~.. 6 ""-A ". ""'- ~ . CJV ~~er '<'a ~. 0;:;. .: ::>....?j ~ ~~ ~ = :::EO :*E =*: .... : = ~ ~ ~. #00153509 : iJ~ ~v. .g:;;::- ~ ~ ... h..1Jondea~...4'.. .,.;} ~ ~.~..':"'~~. ~,~ ~ ,o~'........~l(.. Cl ~ :llll '[JUC 81 ~, ",.... II"""" "'\\"~ /Zff;J~~ . . She is personally Print Name: Commission No. My Commission Expires: Witness: Date: ~~" - Print Name: /.?/1~4-/- ~ ~ /11rl?/C . .$Jy- ~ Pnnt Name: ~e" /(, T" '^ ~"" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this _ day of 2002, by , as She is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: GAA\01-144-FFI 9/18/02 10 . . Exhibit "A" Parcel 1 : A portion of Tract A, MYRON A. SMITH'S BAY VIEW SUBDIVISION, according to the plat thereof recorded in Plart Book 25, page 57, Public Records of Pinellas County, Florida, in the South 1/2 of Fractional SEction 16, Township 29 South, Range 16 East being further described.as follows: Commence at the West 1/4 corner of said Fractional Sectlon 16 and run thence South 89027'56" East. along the East and West centerline of said Section 16, for a distance of 401.99 feet; thence South 00032'04" West, for a distance of 50.00 feet to apoint on the aforesaid Tract A and the POINT OF BEGINNING'; thence South 89027'56" East, 243.22 feet to a point on curve; thence 100.68 feet along the arc of a curve, concave Southerly through a central angle of 00045'36', a radius of 7591.44 feet and a chord bearing of South 87005'12"East, 1 00;68'(eet toapointof 'reverse curvature; thence 135.23 feet along the arc of a curve, concave Northerly through.a central angle of 00 0) 40'24~, e radius of 11,507.16 feet and a chord bearing.ofSouth 87002'36" East, 135.23 feet; thence South0203T12" West (radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet; thence North 02035'42" East (radial) for a distance of 5.00 feet; thence 10.53 feet along the arc of aCurye, concave Northerly through a central angle 01.000)03'09", a radius of 11,507.16 feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East, 274.45 feet; thence South 67029'13.5" West, 351.74 feet: thence North 21 030'31" W~st, 191.95 feet; thence South 69034'59- West, 109.48 feet; thence North 21006'48" West, 281.80 feet to the POINT OF BEGINNING. Parcel 2: Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF6AY VIEW, according to the plat thereof recorde<:lln Plat Book'6, page 23, Public Records of Hlllsborough County, Florida, of which Pinellas County was formerly a parl. . Parcel 3: That portion of Counly Road 31 lying in Section 16, Township 29 South, Range 16 East, Pinel/as County, Florida, as vacated by resolution No. 97-154 recorded in Official Records BOOK 9762, page 1872, Public Records of Pinellas County, Florida, more particularly described as follows: Commence at the Northwest corner of that certain tract of land described in Warranty Deed recorded In Official Records BOOK 5679, page 1052, pUblic Records of Pinetlas County, Florida, said Northwest corner being 37.97 feet West of the Northeast corner or Tract C of MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded In Plat Book 25, page 57, Public Records of Pinellas County, Florida and being a point on the Southerly right of way of County Road 31; thence along the Southerly right or way, North 67029'OS" East, 138.99 feet to the POINT OF B!:GINNING; thence North 21.46'25" West, 66.04 feet to a point on the Northerly right of way of said County Road 31; thence alQng said Northerly right of way, North 67029'OS" East 251.74 feet; thence South 22030'5S".!;~st,66.03 feet t.o point on tM Southerly right of way of said County Road 31; thence along said Southerly right Of way, South 67029'OS- West, 259.60 feet to the POINT OF BEGINNING. Parcel 4: That part of Lots 1 and 4 of Block 5 of REVISED MAP OF TOWN OF BAY VIEW,'.acoording to the plat thereof.recorded in Plat Book 6, page 23, Public Records of HillsboroughCounty, florida, of. which Pinelias County was formerly a part, IF ANY, lying Easterly of the Easterly boundary.of Lots 2 and 3 or said Block 5 and lying Westerly of Tract A of MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded In Plat Book 25. page 57, Public Records of Pine:las County, Florida.