HomeMy WebLinkAboutR-97-06950
J-97-698
10/6./97
RESOLUTION NO. 9 ! — 695
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ACCEPT A GRANT IN THE
AMOUNT OF $654,500.00 FROM THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, FLORIDA
COMMUNITIES TRUST, TO EXPAND JOSE MARTI
RIVERFRONT PARK; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, AND ANY
OTHER NECESARRY DOCUMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
ACCEPTANCE AND THE IMPLEMENTATION OF SAID
GRANT.
WHEREAS, the Little Havana Community Development Target Area
is the most deficient neighborhood in the City of Miami in terms
of open space and recreation; and
WHEREAS, the Little Havana Community Development Target Area
is also one of the most densely populated neighborhoods in the
City, and existing development provides little open space,
vegetation and amenities; and
WHEREAS, Jose Marti Riverfront Park is the most important
park in Little Havana, a park with historical and cultural
significance, and a park in need of additional space for outdoor
recreational facilities; and
WHEREAS, expanding Jose Marti Park will provide
opportunities to increase the needed open space for public access
to the Miami River, and for recreational, educational and
cultural programs; and
,H:Ns=�I
iCONTARED
CITY ComuSSION
]MEETING OF
0 CT 1 4 1997
Resolution No.
9'7- 695
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WHEREAS, the Florida Department of Community Affairs,
Florida Communities Trust, has offered the City of Miami a grant
in the amount of $654,500.00 for land acquisition to expand the
park; and
WHEREAS, the fifty-five percent (55%), or $800,000 local
match requirement of the grant has been designated as part of the
Metropolitan Dade County Safe Neighborhoods Bond Program;
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
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
accept a grant in the amount of $654,500.00 from the Florida
Department of Community Affairs, Florida Communities Trust, to
expand Jose Marti Riverfront Park.
Section 3. The City Manager is hereby authorized1/ to
execute an agreement, in substantially the attached form, and any
other necessary documents, in a form acceptable to the City
Attorney, for the acceptance and implementation of said grant.
Section 4. This Resolution shall become effective
immediately upon its adoption.
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.
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97- 695
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PASSED AND ADOPTED this 14th
ATTEST:
WALTER J. F
CITY CLER
day of October 1997.
/111E CA LLO, MAYOR
BUDGET Y AND MANAGEMENT ANALYSIS REVIEW:
DIPAK REKH, DIRECTOR
APPROVED AS TO FORM AND CORRECTNESS:
CITY A
- 3 - - . 9119)- 695
FCT Contract #
FLORIDA COMMUNITIES TRUST
P7A AWARD# 96-028-P7A
CONCEPTUAL APPROVAL AGREEMENT
THIS AGREEMENT is entered into on , 1997, 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 the CITY OF MIAMI (FCT 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
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 of ten percent (10%) less certain reductions of the net Preservation 2000 Revenue
Bond proceeds to the Department of Community Affairs to provide land acquisition grants and
loans to local governments through the FCT;
WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of
Florida Department of 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, the FCT Governing Body met on December 3, 1996, to score, rank and
select projects that were to receive Conceptual Approval for funding;
WHEREAS, the FCT Recipient's project, described in an application submitted for
evaluation, was selected for funding contingent upon availability of funds, and funds have
become available;
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 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 2555 Shumard Oak Blvd., Tallahassee, Florida 32399-2100 as
soon as possible and before . '. 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 #96-028-P7A. 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 April 15, 1998. In the event the
project has not been completed in full by April 15, 1998, the Conceptual Approval Agreement
must be extended in order that the grant will remain in effect. In advance of the April 15, 1998,
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
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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.
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 expects
that the project will 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, except as described in this
paragraph. If the project is not concluded by July 11, 1999, 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 FCT 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 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 of the 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.
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7. The FCT Preservation 2000 award granted to the FCT Recipient will in no event
exceed the lesser of FOURTY-FIVE percent (45%) of the final total project costs, as defined in
Rule 9K-4.002(31), F.A.C., or SIX HUNDRED FIFTY=FOUR THOUSAND FIVE
HUNDREDAND NO/100 Dollars ($654,500.00), 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 paragraph 7 above is based on the FCT Recipient's
estimate of Total Project Costs in application # 96-028-P7A, 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 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 #96-028-P7A. 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 of the 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. 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 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.
11. 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, or eligible donation by Seiler of land value, or FCT Recipient's warrant at the closing of the
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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 #96-028-P7A 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.
12. , The FCT Governing Body adopted the Preservation 2000 Program Approved List
of Complete Applications for Series P7A Funding Cycle on August 22, 1996, 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 August 22, 1996, 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 22, 1996.
13. FCT Recipient hereby notifies the FCT that the following local government
employee or official is the authorized key contact, or project manager, on behalf of the FCT
Recipient for purposes of coordinating project activities for the duration of the project:
Name:
Title:
Address:
Phone: Fax:
14. This Agreement may be amended at any time prior to FCT 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. Such amendments shall become a part of this
Agreement.
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 July 11, 1997,
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 ,
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2. The FCT Recipient hereby notifies the FCT that
[note: elect either FCT, FCT Recipient or FCT Recipient Agent] will be the party
responsible for all negotiation and acquisition activities.
3. As was requested in the letter from FCT to FCT Recipient dated July 11, 1997,
no later than 7, 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)0), 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
made 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 — ', the FCT 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"; an Agreement specific to this project will be prepared by FCT for
execution by the FCT Recipient. This Confidentiality 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
#96-028-P7A;
C. the FCT Recipient shall, on the anniversary date of the 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 local government employee, official
or authorized representative named in this paragraph to execute all documents in
connection with this project on behalf of the 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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Name:
Title:
Address:
Phone: Fax:
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 FCT Governing Body. In the event that the
FCT Recipient is a partnership, the FCT 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:
a. A purchase agreement for acquisition of the Project Site, reviewed and
approved by the FCT staff prior to being 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 I 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 FCT Recipient is not the proposed managing entity, the project plan must also 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.
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C. 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 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 FCT, 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 approvalfor funding and the amount of funding approved. Any person
with a substantial interest that are 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.
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IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY
CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, F.S.
FCT RECIPIENT AGREES AS FOLLOWS:
l . FCT shall approve the terms under which the interest in land is acquired, pursuant
to Section 3.80.510(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 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 [Note —insert either the name of FCT 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 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 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 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 parties to the Conceptual Approval
Agreement and recorded at the time of closing of the Project Site. The recordable Grant Award
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.
The Grant Award Agreement containing such covenants and restrictions as
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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 of the 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
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 as a 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 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, 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 thereof to FCT, that all
activities under this Agreement comply with all applicable local, state, regional and federal laws
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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.
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 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 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 380.510(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
and/or the Trustees, to any of the 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:
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•
•
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;
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 of the 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. DISALLOWABLE ACTIVITIESIREMEDIES
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
CAA/96-028-P7A
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0
RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE
FULLY 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 Lb. 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 observations made by the FCT staff during the site visit described in Rule 9K-
4.010(2)(f), F.A.C.:
1. The FCT Recipient shall provide outdoor recreational facilities including benches, .
interpretive signage and observation areas on the Project Site. The facilities shall be developed
in a manner that allows the general public reasonable access for observation and appreciation of
the significant natural resources on the Project Site without causing harm to those resources.
2. The Project Site shall be managed in a manner that protects habitat for listed
wildlife species that utilize or could potentially utilize the Project Site, including the Florida
manatee. The FCT Recipient shall coordinate with the Department of Environmental
Protection's Office of Protected Species Management on the management of the Project Site for
the protection of listed species and listed species habitat. The FCT Recipient shall also develop
informational signs relating to the protection of listed animal species and their habitat.
3. The FCT Recipient shall ensure that the Project Site and listed animal species and
their habitat are sufficiently buffered from the adverse impacts of adjacent Iand uses.
4. The buildings and associated debris that exist on the Project Site shall be
removed.
5. The FCT Recipient shall restore approximately 1 acres of the Project Site by
removing exotic vegetation and planting native vegetation.
6. Prior to the commencement of any proposed development activities, measures
will 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.
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97- 695
7. Pedestrian and bicycle access to the Project Site shall be promoted as an
alternative to automobile transportation by providing pedestrian walkways and bicycle parking
stands.
8. The FCT Recipient shall provide environmental educational programs at the
Project Site. The programs shall be conducted on a regularly scheduled basis.
9. The FCT Recipient shall coordinate management of the Project Site with the
adjacent Jose Marti Park.
10. The FCT Recipient shall coordinate management of the Project Site with the
Miami River restoration effort.
11. The FCT Recipient shall coordinate with the South Florida Water Management
District to develop and implement a stormwater management plan for the Project Site.
12. Access to the Project Site by pedestrians, bicyclists and persons on non -motorized
vehicles shall be promoted except in those areas where resource protection considerations
warrant limiting access.
13. The requirements imposed by other grant program funds that may be sought by
the FCT Recipient for activities associated with the Project Site shall not conflict with the terms
and conditions of the FCT award.
This Agreement including Exhibits "A", "B" and "C" embodies the entire agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
CITY OF MIAMI
By:
Name:
Date:
FLORIDA COMMUNITIES TRUST
go
Date:
James F. Murley, Chair
Accepted as to Form and Legal Accepted as to Form and Legal
Sufficiency: Sufficiency:
Date:
CAA/96-028-P7A
8-28-97
C
Ann J. Wild, Trust Counsel
Date:
97- 695
Contract No:
FCT Project No:_96-028-P7A
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 MIAMI ("FCT
Recipient"), a municipality within 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
JOSE MARTI RIVERFRONT PARK ADDITION/96-028-P7A that was selected
for funding and is governed by a Conceptual Approval Agreement for
FCT Project Number JOSE MARTI RIVERFRONT PARK ADDITION/96-028-P7A
("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 a�piar__aisals,, offers, and counteroffers as
required by Section 12'5. 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 individual listed her in 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 ("FCT Recipient") and its agents, if any, agree to
maintain the confidentiality of appraisal information, offers and
counter-offers concerning FCT Project Number JOSE MARTI RIVERFRONT
PARK ADDITION/96-028-P7A, 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., and by this
Confidentiality Agreement between the FCT Recipient and FCT.
t
CONFID/FCT#96-028-27A
REV. 2/23/95
9?� 695
e) The undersigned certify that they have no legal or
beneficial interest in the Project Site.
Date FCT Recipient Board Member, Signature
Staff or Agent name
CITY OF MIAMI
By:
(Name)
Its.
Date:
Approved as to Form and
Legality:
p �'y
CONFID/FCT096-028-27A
REV. 2/23/95
FLORIDA COMMUNITIES TRUST
By.
Anne Peery, Executive
Director
Date:
Approved as to Form a.,
Legality:
By
Trust Counsel
9` ;-& 695
Contract No:
FCT Project No: 96-028-P7A
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 MIAMI ("FCT
Recipient"), a municipality within 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
JOSE MARTI RIVERFRONT PARK ADDITION/96-028-P7A that was selected
for funding and is governed by a Conceptual Approval Agreement for
FCT Project Number JOSE MARTI RIVERFRONT PARK ADDITION/96-028-P7A
("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 .("FCT Recipient") and its agents, if any, agree to
maintain the confidentiality of appraisal information, offers and
counter-offers concerning FCT Project Number JOSE MARTI RIVERFRONT
PARK ADDITION/96-028-P7A, 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., and by is
Confidentiality Agreement between the FCT Recipient and FCT.
i
CONFID/FCT#96-020-27A
REV. 2/23/95
97- 65
e) The undersigned certify that they have no legal or
beneficial interest in the Project Site.
Date
CITY OF MIAMI
3 y---
(Name)
Its.
Date:
FCT Recipient Board Member, Signature
Staff or Agent name
A=roved as to Form and
Legality:
CONFID/FCT#96-028-27A
F.V. 2/23/95
FLORIDA COMMUNITIES TRUST
RV:
Anne Peery, Executive
Director
Date:
Approved as to Form
Legality:
By
Trust Counsel
9
97- 695
CITY OF MIAMI, FLORIDA CA=1 9
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and 'bo TE : OCT 2 iv`WFILE:
Members of the City Commission
SUBJECT: Jose Marti Riverfront Park
Expansion Grant
FROM: Edward M z REFERENCES:
City Manager ENCLOSURES: Resolution, Agreement
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to accept a grant in the amount of $654,500 from the Florida
Department of Community Affairs, Florida Communities Trust, for the expansion of Jose Marti
Riverfront Park, and to execute the necessary documents to accept and implement said grant
BACKGROUND:
The Department of Planning and Development has obtained a grant in the amount of $654,500
from the Florida Department of Community Affairs, Florida Community Trust, to acquire land to
expand Jose Marti Riverfront Park. The Little Havana Community Development Target Area is
the most deficient neighborhood in the City of Miami in terms of open space and recreation, and
is also one of the most densely populated. The proposed park expansion will alleviate the open
space deficiency, will provide space for additional outdoor recreational, educational and cultural
activities and programs, and will provide increased public access to the Miami River. The grant
will contribute to implement the City of Miami Comprehensive Plan by providing resources that
are presently not available for park expansion.
A local match of $800,000 is required, and has been designated in the Metropolitan Dade County
Safe Neighborhoods Bond Program.
4 1
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