HomeMy WebLinkAboutR-00-1066U
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RESOLUTION NO.
0Ij-I-01F)6
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONCEPTUAL APPROVAL
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE FLORIDA COMMUNITIES TRUST
("FCT"), A NONREGULATORY AGENCY WITHIN THE
STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, TO ACCEPT A GRANT FROM THE FCT IN
THE AMOUNT OF $150,000, CONTINGENT UPON THE
PROVISION OF LOCAL MATCHING FUNDS, FOR THE
PURPOSE OF ACQUIRING 3.25 ACRES OF LAND ON
THE SOUTH SIDE OF THE LITTLE RIVER CANAL AT
399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA,
FOR RESTORATION AS A NATURE PRESERVE AND
FUTURE CITY PARK TO BE KNOWN AS THE LITTLE
RIVER PRESERVE; FURTHER, AUTHORIZING THE
CITY MANAGER TO APPLY TO THE SAFE
NEIGHBORHOOD PARKS BOND PROGRAM SERIES 2000
PROJECTS FOR THE MATCHING FUNDS REQUIRED AS
A CONDITION OF SAID GRANT.
WHEREAS, the Little River Preserve site will be an
important local point in the plans for the revitalization of the
northern part of the City of Miami ("City"), providing
recreation and environmental education for a population of
24,000 persons living within a one -mile walking distance; and
WHEREAS, the City's Upper Eastside Master Plan has
identified this site as a future park; and
WHEREAS, residents of the Little River Oakland Grove
Q aEN �U)j
CITY COMMISSION
MEETING OF,
DEC 1 4 2000
kesolution No.
neighborhood west of the site and other area residents have been
working to secure funding to acquire and manage the site as a
passive educational/conservation park; and
WHEREAS, the FCT has submitted a Conceptual Approval
Agreement for the City's approval, which requires a local
matching requirement as a condition of the grant;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized'/ to execute a
Conceptual Approval Agreement, in substantially the attached
form, with the Florida Communities Trust ("FCT"), a
nonregulatory agency within the State of Florida Department of
Community Affairs, to accept a grant from the FCT in the amount
of $150,000, contingent upon the provision of local matching
funds, for the purpose of acquiring 3.25 acres of land on the
south side of the Little River Canal at 399 Northeast 82nd
Terrace, Miami, Florida, for restoration as a nature preserve
and future City park to be known as The Little River Preserve.
1� The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but
not limited to those prescribed by applicable City Charter and Code
provisions.
Page 2 of 3 0 0— 1616
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Section 3. The City Manager is further authorized��/ to
apply to the Safe Neighborhood Parks Bond Program Series 2000
Projects for matching funds required, as a condition of said
grant.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.3/
PASSED AND ADOPTED this 14th day of December , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayer did not lnd+ewADprm 9 f
this legislation by signing it in the designated place ovided, oald legial tlorl W
becomes effective with the elapse of ten (10) d ys fro a date Comm'sai
regarding same, without the Mayor exe)fising aQt
ATTEST:
; C'* Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO LARELLO
CITY ATTORNEY
W4879:LB:13SS
a/ Ibid.
3/ If the Mayor does not sign this Resolution, it shall become effective
at the end of ten calendar days from the date it was passed and
adopted.' If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
Page 3 of 3 U
FCT Contract Number 0 I -CT- I D-00- I O-A 1-065
FLORIDA COMMUNITIES TRUST
Pl0 Award Number 00-065-P10
LITTLE RIVER PRESERVE
CONCEPTUAL APPROVAL AGREEMENT
THIS AGREEMENT is entered into on , the
date the last party executes this Agreement, by and between the FLORIDA COMMUNITIES
TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community
Affairs, and CITY OF MIAMI (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.).
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
management 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) bf the Florida Preservation 2000 Act provides for the
distribution of ten percent (10%) less certain reductions of the net Preservation 2000 Revenue
Bond proceeds to the Department to provide land acquisition grants and loans to Iocal
governments through the FCT;
WHEREAS, the Governor and Cabinet have annually authorized the sale and issuance of
State of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds
(Bonds); and Bonds have been annually sold, thereby producing revenues for distribution
according to Section 259.101(3)(c), F.S.;
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;
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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 from the Preservation 2000 Trust Fund;
WHEREAS, the FCT Governing Body met on October 05, 2000, to score, rank and select
projects that were to receive conceptual approval for funding;
WHEREAS, the Recipient's project, described in an application submitted for evaluation,
was selected for funding and in accordance with Rule Chapter 9K-4, F.A.C., and more
particularly described within this Agreement;
WHEREAS, Rule 9K-4.010(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 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 Recipient mutually agree as follows:
I. GENERAL CONDITIONS
1. At least two original copies of this Agreement shall be executed by the Recipient
and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as
soon as possible and before January 19, 2001. If Recipient requires more than one original
document, the Recipient should photocopy the number of additional copies needed, and then
execute each as an original document. 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 the Recipient.-
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 number 00-065-P10. Since the
entire 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, described in the
application that was submitted and selected for funding by the FCT.
I Conceptual approval for funding shall be until September 04, 2001. In the event
the project has not been completed in full by September 04. 2001, the Conceptual Approval
Agreement must be extended in order that the grant will remain in effect. In advance of the
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September 04. 2001, date and in sufficient time before a meeting of the FCT Governing Body
that would allow approval of an extension to this Agreement before its expiration, the Recipient
must request a written extension to the Conceptual Approval Agreement for project continuation
in compliance with Rule 9K4.010(2)0), F.A.C. If the Recipient does not request an extension, or
if an extension is not granted to the Recipient by the FCT Goveming'Body, the Preservation 20W
award granted to the Recipient by the FCT Governing Body shall terminate and all obligations
hereunder shall cease.
Based upon the Florida Legislature's ongoing oversight of the rate of expenditure of
funds, and the impact on future funding if expenditures do not timely occur, the FCT requires
that the project be completed as soon as possible after project selection.
4. Extensions to this Agreement, described in paragraph 3 above, shall not exceed 24
months from the date the Agreement was approved by the FCT Governing Body, except as
described in this paragraph. In compliance with Section 380.510(f), F.S., if the project is not
concluded by December 04, 2002, the project shall only be extended if the FCT Governing Body
determines that a request for additional time to complete the project is warranted based upon
Recipient's demonstration that significant progress is being made toward closing the project or
that extenuating circumstances warrant an extension of time.
5. This Agreement may be terminated before its expiration at the written request of
the Recipient. Such a request shall fully describe the circumstances that compel the 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 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 Recipient of its analysis
and will confer with the Recipient on continuation'of the project. If the Recipient concurs, a
request for termination will be considered at the next regularly scheduled meeting of the FCT
Governing Body.
6. Recipient agrees to make diligent efforts to submit the documentation to FCT that
is required in this Agreement as soon as is reasonably possibl4 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 Recipient to know all project deadlines, to devise a method of monitoring
the proiect, and to adhere to all deadlines.
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7. The FCT Presen•ation 2000 award granted to the Recipient will in no event
exceed the lesser of Fifty Percent (50.0007c) of the final total project costs, as defined in Rule
9K-4.002(30), F.A.C., or One Hundred Fifty Thousand Dollars And No Cents( $150,000.00),
unless the FCT Governing Body approves a different amount, which shall be reflected in an
addendum to this Agreement.
8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate
of total project costs in application number 00-065-P10, as well as limits on awards in the 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 9K4.002(30), 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 Recipient's application number 00-065-P10. The FCT
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. Request for
modification of the boundary of the project site identified in the Recipient's application number
00-065-P10 may be considered by the FCT Governing Body following the procedures for
submission and, review of boundary modification requests set forth in Rule 9K-4.0105, F.A.C.
If the project site is comprised of multiple parcels, an acquisition plan was required in the
application. The FCT Governing Body reserves the right to withdraw the FCT award if the
priority parcel(s), identified in the acgisition plan prepared pursuant to Rule 9K-4.004(5)(g),
F.A.C., included in application number 00-065-P10, incorporated by reference, herein and
attached as Exhibit "A," cannot be acquired. Approval of the Conceptual Approval Agreement
shall constitute approval of the acquisition plan by FCT.
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 of Florida warrant at the closing of the
project site, payable 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
of Florida. If the project site is comprised of multiple parcels, FCT shall deliver at the closing of
each parcel only the share of the FCT 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 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.
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l 1. The Recipient's local match, if any is required, shall be delivered either in the
form of eligible project costs prepaid to vendors by the Recipient; cash; eligible documented
donation by Seller of land value; or Recipient's warrant at the closing of the project site. If the
project site is comprised of multiple parcels, the 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 Recipient for eligible project costs incurred by the Recipient
conducting acquisition activities will be recognized as part of the Iocal match, if any is required,
on the reconciliation statement prepared pursuant to paragraph 10 above. In the event Recipient's
application number 00-065-P10 represents that land value 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. Such appraisal report shall be subject to review and approval by FCT prior to
FCT funds being delivered for the project.
12. The FCT Governing Body adopted the Preservation 2000 Program Approved List
of Complete Applications for Series P10 Funding Cycle on August 23, 2000, 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 Recipient that is the local government having jurisdiction
over the project site, subsequent to August 23, 2000, 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 August 23, 2000.
13. Recipient hereby notes the FCT that the following local government
employee or official is the authorized key contact, or project manager, on behalf of the
Recipient for purposes of coordinating project activities for the duration of the project:
Name:
Title:
Address:
Phone: Fax:
The Recipient must notify the FCT as to any change in the authorization of the key
contact on behalf of the Recipient named above. This notification must be made in writing to the
Executive Director and signed by the appropriate local government employee, official or
authorized representative named in paragraph 11.5.d. below.
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14. This Agreement may be amended at any time prior to FCT giving project plan
approval to the Recipient. Any amendment must be set forth in a written instrument and agreed
to by both the Recipient and FCT. Such amendments shall become a part of this Agreement.
Il. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION
OF PROJECT SITE NEGOTIATION
1. The Recipient hereby notifies the FCT that
[Note: Elect either FCT, Recipient or Recipient Agent] will be the party responsible for all
negotiation and acquisition activities.
2. The Recipient hereby notifies the FCT that the Recipient's Federal Employer
Identification Number(s) is
3. No later than January 19, 2001, the 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 Recipient and FCT.
4. No later than January 19, 2001, the Recipient shall execute a Confidentiality
Agreement pursuant to Rule 9K-6.010(5), F.A.C. A sample of a Confidentiality Agreement is
attached as Exhibit `B"; a Confidentiality Agreement specific to this project will be prepared by
FCT for execution by the Recipient. This Confidentiality Agreement is not a part of this
Agreement and may be amended without amending this Agreement, if needed.
5. By execution of this Agreement, the Recipient affirms that:
, is required;
a. the Recipient is ready, willing and able to provide the local match, if any.
b. the Recipient reaffirms the representations made in FCT application
number 00-065-P 10;
C. the Recipient shall, on the anniversary date of the approval of the project
plan by the FCT Governing Body, prepare and submit to FCT an annual report as required by
Rule 9K-4.013, F.A.C.;
d. the.Recipient authorizes the local goverment employee, official or
Authorized representative named in thig paragraph to execute all documents in connection
with this project on behalf of the 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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Name:
Title:
Address:
Phone:
Fax:
The Recipient must notify the FCT as to any change in the authorization of the local
government employee, official or representative named in this paragraph to execute all
documents on behalf of the Recipient. This notification must be made in writing to the Executive
Director and signed by the appropriate local government employee, official or authorized
representative.
III. PROJECT PLAN APPROVAL
1. Prior to closing of the real estate transaction and final disbursement of award
funds by FCT, the 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 FCT Governing Body. In the event that the
Recipient is a partnership, the Recipient must also 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 documents, to be reviewed and approved by FCT to ensure that the interest of
the State of Florida will be protected:
a. A purchase agreement for acquisition of the project site, in a form
approved by the FCT staff prior to being executed by the Seller, such agreement fully
executed by both the Seller and the Recipient, that is based on an appraisal or appraisals
prepared consistent with the requirements of Rule Chapter 9K-6, F.A.C., and 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 IV, V, VI, VII and VM hereinbelow; and, at a minimum, sets
forth how the site will be managed to further the purpose of the project. contains a description of
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all planned improvements to the project site, identifies the costs of management and site
improvement and funding se�rces. c^? :c'er.:i�cs the mr^cb:rie.....,. ;) a7_2 its f;n2:- - so••....
if the Recipient is not the proposed managing entity, the project plan must also include a
signed agreement between the 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.
A statement of the total project cost, including all non -recurring costs of
project development.
d. A statement of the amount of the award being requested from the FCT.
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 Recipient evidencing that after conducting a diligent
search, the 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 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 FCT Governing Body, FCT staff will
make a recommendation of approval of complete and accurate project plans or disapproval of
incomplete or insufficient project -plans. 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
FCT Governing Body approval and the closing date of the real estate transaction(s) associated
with the project.
3. Pursuant to 9K-4.011(2)(f), F:A.C., FCT shall withhold project plan approval if
the local comprehensive plan(s) of the Recipient or the Recipient's partner is, for any reason,
found not in compliance by the Department after conceptual approval has been granted by FCT,
unless the Recipient has executed a Compliance A1greement (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 pursuant to Section 163.3184(8),
F.S.
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4. Pursuant to Rule 9K4.011(3), F.A.C., the FCT shall publish a Notice of Approval
for Preservation 2000 funds in the Florida.4dministrarive 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 3S0, PART III, F.S.
RECIPIENT AGREES AS FOLLOWS:
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 of the project site, further
described in Section M. I .a. above, to which FCT is a party.
2. Title to the project site shall be titled in the Recipient, unless the 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 Recipient hereby elects that title to the project site shall be vested in
[Note: Insert either the name of Recipient or Board of Trustees of Internal Improvement
Trust Fund.] if the 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 Recipient for the project site shall not occur until the
requirements for the acquisition of lands, as specified in Section 380.507(11), F.S., and Rule
Chapter 9K-6, F.A.C., have been fully complied with by the Recipient and FCT.
4. Any deed whereby the 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 of the 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 parries to the Conceptual Approval Agreement and recorded at
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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 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 approved
by the FCT as a part of the project plan.
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 Recipient at the project site.
5. 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 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 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.
VI. AUDIT REQUIREMENTS
1. The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement.
2. These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by FCT. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00
am. to 5:00 p.m., local time, Monday through Friday.
3. The Recipient shall also provide FCT with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
4. In the event that the Recipient expends a total amount of State financial
assistance From all state sources equal to or in excess of $300,000 in any fiscal year of such
Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in
accordance with Section 216.3491, Florida Statutes; applicable rules of the Executive Office of
the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General.
Section I.7. above indicates State financial assistance through FCT by this Agreement.
In determining the State financial assistance expended in its fiscal year, the Recipient shall
consider all sources of State financial assistance, including State funds received from FCT,
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except that State financial assistance received by a nonstate entity for Federal program matching
requirements shall be excluded from consideration. The funding for this Agreement was
received by FCT as a grant appropriation.
a. The annual financial audit report shall include all management letters and
the Recipient's response to all findings, including corrective actions to be taken.
- b. The annual financial audit report shall include a schedule of financial
assistance specifically identif},ing all Agreement and other revenue by sponsoring agency and
Agreement number.
C. The complete financial audit report, including all items specified in 4
above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J Sauerbeck
Room 574, Claude Pepper Building
I I I West Madison Street
Tallahassee, Florida 32302-1450
d. In connection with the audit requirements addressed above, the
Recipient shall ensure that the audit complies with the requirements of Section 216.3491(7),
Florida Statutes. This includes submission of a reporting package as'defined by Section
216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General.
e. If the Recipient expends less than $300,000 in State financial assistance
in its fiscal year, an audit conducted in accordance with the provisions of Section.216.3491,
Florida Statutes, is not required. In the event that the Recipient expends less than $300,000 in
State financial assistance in its fiscal year and elects to have an audit conducted in accordance
with the provisions of Section 216.3491, Florida Statutes, the cost of the audit must be paid from
non -Stale funds (i.e., the cost of such an audit must be paid from recipient funds obtained from
other than State entities).
5. In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the
Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with
Funded/joint Acquisition/00-065-P10
DRAFT 000 12 ®®"" 1066
these applicable regulations and Agreement provisions within thirty (30) days after FCT has
notified the Rccipient of such non-compliance.
6. The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the
date of submission of the final expenditures report. However, if litigation or an audit has been
initiated prior to the expiration of the three-year period, the records shall be retained until the
litigation or audit findings have been resolved.
7. The Recipient shall have all audits completed in accordance with 216.3491,
Florida Statutes, by an independent auditor who shall either be a certified public accountant or an
external state or local governmental auditor. The independent auditor shall state that the audit
complied with the applicable provisions noted above.
VII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF
BOND PROCEEDS
1. FCT is authorized by Sections 375.045(4) and 380.510(7)(a) and (b), F.S., to
impose conditions for funding on 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 Recipient and/or
the Trustees, to any of the below listed transactions, events, and circumstances, the 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. 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 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:
organization;
organization;
a. any sale or lease of any interest in the project site to any person or
b. the operation of any concession on the project site by any person or
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;
Funded/Joint Acquisition/00-065-P10
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DRAFT 13
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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;
a management contract of the project site with any person or organization;
or
R. such other activity or interest as may be specified from time to time in
writing by FCT to the Recipient.
The foregoing are collectively referred to as the "disallowable activities."
VIII. DISALLOWABLE ACTIVITIES/REMEDIES
In the event that FCT determines at any time or from time to time that the Recipient is
engaging or allowing others to engage in disallowable activities on the project site, the 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, 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 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 Recipient for any disallowable activity on the prcject site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE 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 RECIPIENT OF THE RESPONSIBILITY TO ENSURE
THAT THE CONDMONS Ilv1POSED HEREIN ON THE PROJECT SITE AS A RESULT OF
UTII. JNG BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY
COMPLIED WITH BY THE CONTRACTING PARTY.
IX. 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 1 of Section III above. In addition to the various conditions
already described in this Agreement, which apply to all sites acquired with FCT funds, the
management plan shall address the following conditions that are particular to the project site and
result from either representations made in the application that received scoring points or
Funded/Joint Acquisition/00-065-P10
11 /02/2000
DRAFT
14
r]
L
1]
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 a trail, observation area and educational
kiosk shall be provided. The-facif ties 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.
_. 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 Preservation 2000 Program and the
City of Miami. Such recognition shall also be included in all printed literature and advertising
associated with the project site.
3. Regularly scheduled and ongoing educational programs that promote the
protection of natural and cultural resources shall be provided at the project site.
4. 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 Recipient shall reference the
Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying
invasive exotic vegetation on the project site.
5. Pedestrian and bicycle access to the project site shall be promoted through
pedestrian walkways and bicycle routes that link the project site with adjoini:g residential
neighborhoods
6. A plan for the protection of historic structures shall be developed and
implemented in conjunction with the Department of State, Division of Historic Resources.
7. A surface water management program shall be developed and implemented on
the project site to protect .and enhance the Little River. .
8. The project site shall be protected and managed as part of the North Dade
Greenway Plan and conservation lands along the Little River.
9. The requirements imposed by other grant program funds that may be sought�y
the Recipient for activities associated with the project site shall not conflict with the terms and
conditions of the award.
Funded/Joint Acquisition/00-065-Pi0
11 /02/2000
DRAFT
15
00--1066
11
SAMPLE ONLY — DO NOT SIGN
FCT Contract Number
Exhibit B
FLORIDA COMMUNITIES TRUST
P10 Award Number [PROJECT NUMBER]
[PROJECT NAME]
CO.NTMENTIALTTY 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:
(Recipient), a . of 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
that was selected for funding and is governed by a Conceptual Approval
Agreement for FCT project number (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 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 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
Recipient must receive the written consent ofthe 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 Recipient (Recipient) and its
agents, if any, agree to maintain the confidentiality of appraisal information, offers and
�yo_1 0
This Agreement including Exhibits "A", if required, "B" and "C" embodies the entire
agreement between the parties.
IN WITNESS W F-REOF, the parties hereto have duly executed this Agreement.
CITY OF NIIANU FLORIDA COMMUNITIES TRUST
By: By:
Print Name: Janice Browning
Executive Director
Its:
Date:
Date:
Approved as to Form and Legality: Approved as to Form and Legality:
By: By:
Print Name: Ann J. Wild, Trust Counsel
Walter Foeman, City Clerk
Funded/Joint Acquisition/00-065-P10
11 /02/2000
DRAFT
16
7 06�
Honorable Mayor and Members
of the City Commission
Resolution
Authorizing an
Agreement with the
Fla. Communities
Carlos A. Gimenez __ _ Trust/Little River
City Manager Preserve
RECOMMENDATION:
It is respectfully recommended that the City Commission
adopt the attached Resolution authorizing the City Manager
to enter into an agreement, in substantially the attached
form, with the Florida Communitieb Trust (FCT), an agency of
the State Department of Communities Affairs, accepting the
Conceptual Approval Agreement Grant from FCT in the amount
of $150,000. The FCT Grant will be used for the purpose of
acquiring 3.25 acres -of land on the South side of the Little
River Canal located at 399 N.E. 82nd Terrace, to be restored
as a nature preserve and future City park.
BACKGROUND:
The Department of Parks and Recreation submitted an
application, in the amount of $150,000, for a land
acquisition grant to the Florida Communities Trust on behalf
of the residents of the.Littie River Neighborhood, for the
acquisition of the 3.25 acres of land South of the Little
River Canal located at 399 N.E. 82nd Terrace. This site,
once acquired, would be restored as a historical nature
preserve and future City park.
The Oakland Grove Neighborhood Improvement Association, Inc.
an eight year old 501(c)4 nonprofit organization, will seek
funding to assist with the future maintenance of the
preserve. The proposed Little River preserve is envisioned
as an historical and educational natural preserve passive
park. The establishment and development of the Little River
Preserve is projected to take place in two phases. The City
would first acquire the site with FCT Grant funds and a
local match requirement of the same. The City intends to
obtain funds in the amount of $150,000 from the unspecified
portion of the Safe Neighborhood Parks Bond Program Series
2000 projects. Phase two will involve development of
planned facilities with -funds obtained through grants. In
order for the State FCT to provide the $150,000 for land
acquisition, the FCT requires local approval of its
Conceptual Approval Agreement. Accordingly, adoption of
this resolution is recommended.
r
CAG/ KR/AR/sb
ss-�.oss
TO
FROM
0 . . 0
CITY OF MIAMI, FLORIDA CAMI MEMORANDUM
Honorable Mayor and Members
of the City Commission DATE: Nov 2 9 t'00 FILE:
Resolution
SUBJECT: Authorizing an
Agreement with the
Fla. Communities
Te zREFERENCES: Trust/Little River
City ManagePreserve
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission
adopt the attached Resolution authorizing the City Manager
to enter into an agreement, in substantially the attached
form, with the Florida Communities Trust (FCT), an agency of
the State Department of Communities Affairs, accepting the
Conceptual Approval Agreement Grant from FCT in the amount
of $150,000. The FCT Grant will be used for the purpose of
acquiring 3.25 acres of land on the South side of the Little
River Canal located at 399 N.E. 82nd Terrace, to be restored
as a nature preserve and future City park.
BACKGROUND:
The Department ofParks and Recreation submitted an
application, in the amount of $150,000, for a. land
acquisition grant to the. Florida Communities Trust on behalf
of the residents of the Little River: Neighborhood, for the
acquisition of the 3.25 acres of land South of the Little
River Canal located at 399 N.E. 82nd Terrace. This site,
once acquired, would be restored as a historical nature
preserve and future City park.
The Oakland Grove Neighborhood Improvement Association, Inc.
an eight year old 501(c)4 nonprofit organization, will seek
funding to assist with the future maintenance of the
preserve. The proposed Little. River preserve is envisioned
as an historical and educational natural preserve passive
park. The establishment and development of the Little River
Preserve 'is projected to take place in two phases. The City
would first acquire the site with FCT Grant funds and a
local match requirement of the same. The City intends to
obtain funds in the amount of $150,000 from the unspecified
portion of the Safe Neighborhood Parks Bond Program Series
2000 projects. Phase two will involve development of
planned facilities with funds obtained through grants. In
order for the State FCT to provide the $150,000 for land
acquisition, the FCT requires local approval of its
Conceptual -Approval Agreement. Accordingly,. adoption of
this resolution is recommended.
q-) ; A-0-1141.
CAG/ KR./AR/sb