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Agenda 02/09/2016 Item #16H 3 2/9/2016 16.H.3. /'■ EXECUTIVE SUMMARY Recommendation to approve a Resolution formally requesting that the Florida Communities Trust allow a long term, renewable lease between Collier County and the Goodland Arts Alliance for County-owned property at 326 Pettit Drive,Goodland,Florida. OBJECTIVE: To enter into a long term, renewable lease with the Goodland Arts Alliance ("GAA") for the restoration and use of County-owned property for an artist village that would preserve, promote, and advance the cultural presence in the Village of Goodland through art, history and education. CONSIDERATIONS: On November 30, 2004 (Agenda Item 16-D-1) the Board of County Commissioners (Board) approved an Agreement for Sale and Purchase with The Trust for Public Land to acquire the 2.61-acre Mar-Good Resort in Goodland. The purchase price was $2,500,000. The Board also entered into a Grant Contract with the Florida Communities Trust ("FCT") allowing the County to be reimbursed $1,905,000 of the purchase price using a Florida Forever Program grant. As a condition of the funding, a Declaration of Restrictive Covenants ("Declaration")running in favor of FCT was recorded in the Official Records of Collier County,Florida at O.R. Book 3991, Pages 1737 through 1753. Section VIII of the Declaration lists certain"disallowable activities," which include "any sale or lease of any interest in the Project Site to a non-governmental person or organization." Section VIII,however, also gives the FCT latitude to permit these disallowable activities to a certain extent. A draft 30-year lease between the County and GAA was presented to FCT. FCT informed the County that it would approve a lease with a 5-year term allowing for renewals. Since the GAA plans to renovate cottages on the property for an artist village, it believes the shorter lease will have a chilling effect on its donors. The proposed Resolution is a formal request to the FCT to use its discretion and allow a longer term, renewable lease. Should FCT agree to the County's request,the lease would be placed on a future agenda for Board consideration. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The County Attorney Office has commenced discussions with FCT legal counsel regarding the legal mechanisms necessary for GAA's use of the property. This may require modifications to the Declaration and the current Management Plan. FCT will review this request and respond accordingly. This item has been approved as to form and legality and requires a majority vote for Board approval.-JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute the attached Resolution formally requesting that the Florida Communities Trust allows a long term, renewable lease between Collier County and the Goodland Arts Alliance for County-owned property at 326 Pettit Drive, Goodland, Florida. Prepared by: Chairman Donna Fiala, District 1 Commissioner Packet Page-856- 2/9/2016 16.H.3. Attachments: (1)Declaration of Restrictive Covenants (2)January 25, 2016 letter from GAA (3)Management Plan (4)Grant Contract tTh Packet Page-857- 1 2/9/2016 16.H.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.H.16.H.3. Item Summary: Recommendation to approve a Resolution formally requesting that the Florida Communities Trust allow a long term, renewable lease between Collier County and the Goodland Arts Alliance for County-owned property at 326 Pettit Drive, Goodland, Florida. Meeting Date: 2/9/2016 Prepared By Name:NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 2/2/2016 3:18:32 PM Submitted by Title:Assistant County Attorney,CAO General Services Name: BelpedioJennifer 2/2/2016 3:18:33 PM Approved By Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 2/2/2016 4:20:48 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 2/2/2016 4:35:29 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 2/2/2016 5:01:56 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/3/2016 10:00:03 AM Packet Page -858- 2/9/2016 16.H.3. RESOLUTION NO. 2016 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FORMALLY REQUESTING THAT THE FLORIDA COMMUNITIES TRUST ALLOWS COLLIER COUNTY TO ENTER INTO A LONG TERM, RENEWABLE LEASE WITH THE GOODLAND ARTS ALLIANCE FOR COUNTY-OWNED PROPERTY AT 326 PETTIT DRIVE, GOODLAND, FLORIDA. WHEREAS, on November 30, 2004, the Board of County Commissioners (Board) approved an Agreement for Sale and Purchase with The Trust for Public Land for acquisition of the 2.61-acre Mar-Good Resort in Goodland, Florida; and WHEREAS, the Board also entered into a Grant Contract with the Florida Communities Trust ("FCT") which provided for the reimbursement of seventy-five percent (75%) of the purchase costs using a Florida Forever Program grant. As a condition of the grant, a Declaration of Restrictive Covenants, in favor of FCT, was recorded in the Official Records of Collier County, Florida; and WHEREAS,the Goodland Arts Alliance has requested a long term, renewable lease with Collier County for a portion of the property with the intent of restoring and using it as an artist village; and WHEREAS, although the Declaration of Restrictive Covenants describes the sale or lease of any interest in the Project Site to a non-governmental person or organization as a "disallowable activity," it does allow the FCT latitude to permit such an activity to a certain extent; and WHEREAS, the Board desires to preserve, promote, and advance the cultural presence in the Village of Goodland through art, history and education and considers the proposal made by the Goodland Arts Alliance as a positive step in achieving this goal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that this Resolution shall serve as a formal request to the Florida Communities Trust to allow a long term,renewable lease between Collier County and the Goodland Arts Alliance for the use of this County-owned property. 1 Packet Page -859- 2/9/2016 16.H.3. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Packet Page-860- " 2/9/2016 16.H.3. . . 3794596 OR: 3991 PG: 1737 RECORDED in OFFICIAL RECORDS of COLLIER COURTF, FL 03/02/2006 at 02:16PM DWIGHT I. BROCI, CLBRI REC TEE 146,00 COPIES 17.00 This document prepared by: Retn: ' Kristen L.Coons,Esq. CURL TO THE BOARD Florida Communities Trust INTEROFFICE 4TH FLOOR Department of Community Affairs HIT 7240 \ 2555 Shiini rd Oak Blvd. ./ Tallahassee,FL 32399 Record and Return to: FLORIDA COMMUNITIES TRUST FF4 AWARD#04-042-FF4 FCT Contract#05-CT-F5-04-F4-A1-042 GOODLAND HARBOR PARK DECLARATION OF RESTRICTIVE COVENANTS THIS AGREEMENT is entered into by . • 0- ► - the FLORIDA COMMUNITIES TRUST ("FCT"),a nonregulatory agency wi '- i ev 'e ce '_k Department of Community Affairs,and COLLIER COUNTY, a local gov: 3 j •, a the Side-. ' ',pry . ("Recipient"). THIS AGREEMENT sS E 0' 40'+�9 !*9 • = • -ED 0 T'E FOLLOWING FACTS: WHEREAS,the inte t o . ',:.("111 1 l ■0• 1 s • d conditions on the use of the proceeds of certain bonds, ere 'er k �, • = + -' • r ds acq ired with such proceeds, as ,described in Exhibit"A"atta -. ' :°- 'g• .. : •.: ht..-• •(" •'i t Site"),that are necessary to ensure compliance with app 'le Florida law an• ede!al ' , e tax law and to otherwise implement the provisions of S �' \ 259.105,259.10'1'• • fp •r 380,Part III,Florida Statutes; .. rU WHEREAS,Chapter 380, ' • •. Stat. • , • • Communities Trust Act,creates a non-regulatory agency within the Dep. :••o f C 1~. . .. Affairs("Department")that will assist local governments in bringing into compliance an• implementing the conservation,recreation and open space,and coastal elements of their comprehensive plans or in conserving natural resources and j resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local 1 governments and nonprofit environmental organizations for the acquisition of community-based projects,urban open spaces,parks and greenways to implement local comprehensive plans; 1 DRC\04-042-FF4 October 10, 2005 1 Packet Page -861- 2/9/2016 16.H.3. OR: 3991 PG: 1738 WHEREAS,the Florida Forever Revenue Bonds are issued as tax-exempt bonds,meaning the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS,Rule 9K-7.009(1),Florida Administrative Code("F.A.C."),authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS,FCT has approved the terms under which the Project Site was acquired and the deed whereby the Recipient acquired title to the Project Site. The deed shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and it shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund("Trustees")upon the failure of the Recipient to use the Project Site acquired thereby for such purposes;and WHEREAS,the purpose of t+- &1. • the covenants and restrictions that are imposed on the Project Site su• • to disbursing r t•:da Forever funds to the Recipient for Project Costs. NOW THEREFORE, n c. •• - at' f ++ � . • •n. s and undertakings set forth herein, and other good and v: ua• e co d r i su+ ciency of which is hereby aclrnowledged,FCT and the • ri�ie+t •• h r y c• 4act d.gr-- .. follows: I. PERIOD OF AGRE T 1. This Agreement s .1 -:. upon executi• .oth parties. The covenants and restrictions contained herein shall Y,• • • +all bind,and the benefit shall inure to,FCT and the Recipient and their resp- R, ucs . d assigns. II. MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE COVENANTS 1. Upon execution by the parties hereto,the Recipient shall cause this Agreement to be recorded and filed in the official public records of Collier County,Florida,and in such manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees and charges DRC\04-042-FF4 October 10, 2005 2 Packet Page -862- 2/9/2016 16.H.3. OR: 3991 PG: 1739 incurred in connection therewith. 2. The Recipient and FCT agree that the State of Florida Department of Environmental Protection shall forward this Agreement to the Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax-exempt status of the Florida Forever Bonds is not jeopardized,FCT and the Recipient shall amend the Agreement accordingly. IV. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. Any such notice shall be deemed received on the date of delivery if by personal delivery or upon actual receipt if sent by registered mail. FCT: Florida Co ;II; .. . ruq Dep. I ,bu T.74{y' a .'rs 255 ; 'Ad Oak Blvd. T lIaab.: .�:see,FL 32399-2100 . . .ark Recipient: Al _ ts =.- it�e, .n. .✓ MIL RE.W.g.ffaffirelnlir Vii*, •; .t7� ACS 2. In the event that a .> : t representative o .;.; . s is designated for paragraph 1. above after execution of this Agreern - r. all be rendered to FCT as provided in paragraph 1. above. CI_ ' V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375 AND CHAPTER 380,PART III,FLA. STAT. 1. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee containing such covenants, clauses or other restrictions as are sufficient to protect the interest of the State of Florida. 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 3. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government,nonprofit environmental organization,the Florida Division of Forestry,the Florida Fish DRC\04-042-FF4 October 10, 2005 3 Packet Page -863- 2/9/2016 16.H.3. • OR: 3991 PG: 1740 and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 4. In the event that the Project Site is damaged or destroyed or title to the Project Site,or any part thereof,is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain,the Recipient shall deposit with FCT any insurance proceeds or any condemnation award and shall promptly commence to rebuild,replace,repair or restore the Project Site in such manner as is consistent with the Agreement. FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding,repair,replacement or restoration of the Project Site after notice from FCT,FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder, Notwithstanding any of the foregoing,FCT shall have the right to seek specific performance of any of the covenants and restrictions of this Ay -•• -` • ••'ng the construction and operation of the Project Site. �A •4 VI. MANAGEMENT OF P'O CT SITE 1. The Project S. e •- �• • • conservation, protection and enhancement of natural and hi.to . I • I ++ + • pas.ive,natural resource-based public outdoor recreation, alo t-.+ •t-s nee, • far he accomplishment of this purpose. The proposed uses fo .Project i e are sp-`fica— •e .ted in the Management Plan approved by FCT. ' 2. The Recipient shall ,a • • at the future 1. • e ignation assigned to the Project Site is for a category dedicated to •i:er ir. -, . •n or outdoor recreation uses, as appropriate. If an amendment to the applic.b = _ • - we plan is required,the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient. 3. The Recipient shall ensure, and provide evidence thereof to FCT,that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations,including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction,as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 4. 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 FCT. 5. 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. DRC\04-042-FF4 October 10, 2005 4 Packet Page -864- 2/9/2016 16.H.3. • . • . OR: 3991 PG: 1741 6. 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. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. If archaeological and historic sites are located on the Project Site,the Recipient shall comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior written authorization has been,obtained from the Department of State, Division of Historical Resources. 8. As required by Rule 9K-7.013,F.A.C.,each year after FCT reimbursement of Project Costs the Recipient shall prepare and sub +rd.r•.- .a ual stewardship report that documents the progress made on implementing the.►' . :t • IA' gi C it VII. SPECIAL MANAGE E1� CONDITIONS The Management Plan for th-pro,ect site is is - '..ned ough. t 'is Agreement, and is particularly described in Sect on N.fit t .1. 7..'ou conditions already /� described in this Agreement, hit h t t- t qui\•d i F( T funds,the Management Plan shall address the follows •. :"`on . . . is • -• - !roject site and result from either representations made in :application that rec- , -• o •oints or observations made by the FCT staff during the site ft described in Rule ' - .1 i'1 F.A.C.: 1. Two or more resource-b. -41%..,1. , - ,: '_ •. ilities including a fishing/observation platform,canoe/kay.• r• • .1011 .' c pavilions, and two or more user- oriented outdoor recreational facilities including a playground and volleyball courts shall be provided. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. 2. A permanent recognition sign,a minimum size of 4'x 6', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Florida Forever Program and Collier County. 3. At least 24 regularly scheduled and ongoing educational classes or programs that promote the protection of natural, historic and cultural resources shall be provided at the project site. 4. Interpretive signage shall be provided to educate visitors about the natural resources and unique history of the project site. 1 DRC104-042-FF4 October 10, 2005 5 Packet Page -865- 2/9/2016 16.H.3. . OR: 3991 PG: 1742 5. A staffed nature center shall be developed on the project site to provide year round education programming concerning the natural environment or history of the area. 6. The water quality of Goodland Bay shall be protected and the natural hydrology of the project site shall be restored to a more natural function and shall include the restoration of areas impacted by boat docks. The docks will be removed and only non-motorized vessels will be allowed access to the shoreline. The development of the restoration plan shall be coordinated with the South Florida Water Management District. 7. A comprehensive landscaping plan will be developed for the project site. The landscaping plan will make significant use of native plants. 8. The boat docks shall be removed,and the shoreline will be revegetated with appropriate wetland plants to create a functioning natural shoreline in terms of biological composition and ecological function. 9. An ongoing monitoring . •• 301•• P asive vegetation including exotic (non-native)and nuisance native .ecies shall be i • u- •ted at the project site. The objective of the control progr. • sh. be the elimination of i vasi e exotic plant species and the maintenance of a diverse asso,iati n • > .: 've ' _- . The . `=gement plan shall reference the Exotic Pest Plant Counci s L'. o ' - • e .eci;s to assist in identifying invasive exotics on the proje t si . 0 10. A feral animal re, . :1 progr. al •-�-ve:i-• . •13'' plemented for dogs, cats, ducks, and other non-native 'l3k.e that may be foun.' t e 8.e,t site. 11. Management of the e - resources on th- •rikje site shall be coordinated with the Florida Department of Enviro ` a1,P r+ - tt,6 Bay Office and the U.S. Fish and Wildlife Service. ' C 12. Any proposed stormwater facility for the project site shall be designed to provide recreation open space or wildlife habitat. 13. An archaeological survey shall be conducted to determine the integrity and extent of the shell midden that exists on the project site,and a professional survey of the historic structures shall be conducted to determine the integrity and extent of the historical features. The results of these surveys shall be reviewed in conjunction with the Division of Historic Resources to develop an appropriate protection plan for the archaeological and historic resources on the project site. 14. Pedestrian and bicycle access to the project site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the project site with adjacent residential neighborhoods. DRC\04-042-FF4 October 10, 2005 6 Packet Page -866- 2/9/2016 16.H.3. • . , OR: 3991 PG: 1743 15. The development and management of the project site shall be coordinated with the agencies managing conservation lands in the Goodland Bay Waterway Trail and the Blackwater River/Royal Palm Hammock Canoe Trail corridor,to ensure the project site is protected and managed as part of a linked conservation lands and recreation opportunities. 16. Proposed site improvements shall be designed and located to minimize or eliminate the long-term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 17. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS \\_--1,F. CO 1. FCT is authorized • #& '• 80.510, - t o impose conditions for funding on the Recipient in order to ensure a - project complies wi i tie -quirements for the use of Florida Forever Bond proceeds inclu•' g, i kou 1 • '• .•e pro • io ,, of the Internal Revenue Code and the regulations promulg ed ., ereun•e • - same■ertainn�o exempt bonds. ''* !• sactions events,and 2. The Recipien a� �e�and: I +�,� a� e ow fisted tran , circumstances, collectively a at • at • ,•wab ..ti 'air-•," may be disallowed on the Project Site as they may hav a :alive legal and tax - I nse t ue• der Florida law and federal income tax law. The Recipi ;i er agrees and ac•�'6 I d:; 'at these disallowable activities may be allowed up to a certain a based on guidelines a; s outlined in the Federal Private Activity regulations of the Intern ,lc'\ ,e' - ervice: �l a. any sale or lease of ari interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site by a non-governmental person or organization; c. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; d. any use of the Project Site by a non-governmental 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 DRC\04-042-FF4 _ October 10, 2005 7 Packet Page -867- 2/9/2016 16.H.3. OR: 3991 PG: 1744 I expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non-governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities,the Recipient shall provide notice to FCT, as provided for in paragraph III.1. above, at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT t- •, Jas fat M r ime that the Recipient is engaging, or allowing others to engage, in dis.. • P : • - . a - Project Site, the Recipient shall immediately cease or cause the ce: *• of the disallowab • c • •ties upon receipt of written notice from FCT. In addition to all o r ri; .•• -medies at law o 'n -•uity,FCT shall have the right to seek temporary and permanen j cti.• ..-<:ainst e ' ft•pient •r disallowable activities on the Project Site. •.• k ' Ail ' IME UU •B: Y EN THE RECIPIENT AND oilk DELEGATIONS AND CO i OTHER GOVERNMENT • a i I ,N• 'R .1 E !` : •e: • NON GOVERNMENTAL PERSONS FOR USE OR • • GEMENT OF T 1,,,, P t I Id• • SITE WILL IN NO WAY RELIEVE THE RECIPIE r • THE RESPO it I 'I° TO ENSURE THAT THE CONDITIONS IMPOSED HE' • t 4 THE PROJEC I AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQ I' kl v • • wr' r FULLY COMPLIED WITH BY THE CONTRACTING PARTY. ' IX. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall 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. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable"shall be construed according to the circumstances,but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of$500,000 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 215.97,Fla.Stat.,the applicable DRC\04-042-FF4 4 October 10, 2005 8 Packet Page -868- 2/9/2016 16.H.3. OR: 3991 PG: 1745 rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities)or Chapter 10.650(nonprofit organizations),Rules of the Auditor General. 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,other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein,the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations),Rules of the Auditor General. 3. If the Recipient expends less than$500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have saudit -_• cted in accordance with the provisions of Section 215.97, Fla. Stat.,the cost of t agui1�‘ +om non-State funds(i.e.,the cost of such an audit must be paid from R 1 L' ► ds not o• rr,m a State entity). 4. The annual fin. ial ftu: f repo ' • de all • an•:ement letters,the Recipient's response to all findings, incl din: correct c_a .ons b be t. -n, : d a schedule of financial assistance specifically identi k 'n;. •I�e- ii o �'.- :'':, ue b y s ponsoring a gency a nd agreement number. Copies •f fi . ial , -i• _ p. .g • ed under this Article shall be submitted by or on behalf of t t - -'•e. • '1 t: .:.. - -:ch ••- :4. ing: Department o .to . unity Affairs(at - 1 •f 4 t4 •flowing addresses): Office of Audit S- Ta�► • • and • ..a'•11=•and -'.7:: E'TO ` '9-2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32302-1450 DRC\04-042-FF4 October 10, 2005 9 Packet Page -869- 2/9/2016 16.H.3. L . . . . OR: 3991 PG: 114b 5. If the audit shows that any portion of the funds disbursed hereunder 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 the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five 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 five-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 Section 215.97, Fla. Stat. performed by an independent certified public accountant("IPA")who shall either be a certified public accountant or a public accountant licensed under Chapter 473,Fla. Stat. The IPA shall state that the audit complied with the a plicable.,provisions noted above. ER Co,1 X. DEFAULT; REMEDIES• .`'.►. 'ATIO :. 1. If any essential e • or, . .'.'.. • - Decl•.ati• of Restrictive Covenants is violate by he eci•'e • by so. e thir. p. , with the knowledge of the .--- Recipi nt, e •. 1 71'.9M. ^in f th- violation by written notice given by p rs.nal •e er 'ai or egistered expedited service. 1 '! t"y The re, .�: 1 'I ••__ �� „4 a-•U. t. ■e the violation or complete curing . ' 'ties within thirty(3 f): da -aft: eipt of notice of the violation. If the c ' <r_ : tivities can not b: as. .rr ompleted within the specified thirty(30) . y t'Re frame,the Recipi:. , . submit a timely written request to the FCT ' .414,,: ,.anager • • 01• -s the status of the current activity, the reasons for I - i tillitmElliilicn- fame for the completion of the curing activities. FCT shall su• i a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However,if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities,FCT shall give the request due consideration. If the Recipient fails to correct the violation within either(a) the initial thirty(30) day time frame or(b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization,the Florida Division of Forestry,the Florida Fish and Wildlife Conservation Commission, the Department of Environmental 1 Protection or a Water Management District,who agrees to accept title and 1 DRC\04-042-FF4 October 10, 2005 10 Packet Page -870- • 2/9/2016 16.H.3. . • • OR: 3991 PG: 1747 manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e),Fla. Stat. XL STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida,and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule,or is otherwise unenforceable,then such provision shall be deemed null and void to the extent of such conflict and shall be severable,but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder,or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. 3. The Recipient agrees tp-C"--VIARvitlacans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section - -•. , if app 1 hich prohibits discrimination by public and private entities on the-•asis of disability in e . eas of employment, public accommodations,transportatio St. e . • oc• •• - "ent s- is and in telecommunications. 4. A person or a ilia : • •. •. - • . -• • Crc•nv ted vendor list following a conviction for a public entity ri - •, o • • o 1 dOi li t may not submit a bid on a -� -Th. w' a contract to provide any goods ��'�',= to . . - • i� ��:�ty, •�„ •o � it a bid on a contract with public entity for the constructi• `• epair of a public b •ing or t L work,may not submit lease bids on leases of real prope public entity, m."1 • 'It•arded or perform work as a contractor,supplier,subcontracto r . sultant under a co. . ith a public entity,and may not transact business with any public en .t -r - of . •■ . o for a period of 36 months from the date of being placed on the convicte• ,eMj iota.. g e discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement including Exhibit"A" embodies the entire agreement between the parties. DRC\04-042-FF4 October 10, 2005 11 Packet Page -871- • 2/9/2016 16.H.3. OR: 3991 PG: 1748 IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement. Witness1 COLL I R CO II �/1 i.�►..�.. By: ' / Print Name: gnfa . art:A./ Title: r Date: t Name:A107-1) kJ App a , ida1itY: By: / _ i Print Name: a y STATE OF FLORIDA COUNTY OF COLLIER . .,R 7 0 da of ' �-i%� -�"�' The foregoing inst iment • : • owle•:.ed befQr- =�• y, uc�r d, 2005,by . ..'. G�/,'G �s..; y •.*[ of/ �, behalf of the Local Governm IC•I!4L r d who r- + own t+ .s,,,, '6�Frig et -.� or Nowa • t Na S x .mod= Comm �'tt. �► Q� o. '4'• Ilond.der . . . My ion Expires: DRC\04-042-FF4 October 10, 2005 12 Packet Page -872- • 2/9/2016 16.H.3: a . ' ' . 011: 3991 PG: 1749 Witn s: FLORID• e .1 IES TRUST 0.410_ 'd • i1 ..i By: P nt • 4 • DE/CI,i — Kimbal .v- Director,Division of Housing and Community Development �,,__ / s Date: 1 . 1 2 . 0 i Print Name: ?efrt,G G.,rrtrc/l A p o as to Form and Legality: By: 'sten L. Coons,Trust Counsel STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was ac ...k.1,:...` , • s day of � . , 2007, by Kimball Love, Director '14 4 of Housin: d•iv •mmunity ��opment. She is personally known to me. ■111 I Ili I( r\ 1 `r or •*�� ' \\\111111 IU►II/I�/i C o 1 •'nt N :.: E ��55tuerr• "�� :`� i. • �it: o . . a . .' pires:16'' �yc. *D0153509 :kris. � � q9/...• .mesa rat£ c �. ° pGg; � DRC\04-042-FF4 n October 10, 2005 13 Packet Page -873- 2/9/2016 16.H.3. EXHIBIT "An OR: 3991 PG: 1750 1 OF 4 LOTS 4, 5, 6, 7, 8, 9, 10, 11, BLOCK 3, AMENDED AND ENLARGED PLAT OF GOODLAND HEIGHTS, ACCORDING TO PLAT IN.PLAT BOOK 1, PAGE 85, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND LOTS 4, 5, 6, 9, AND 10, PETTIT SUBDIVISION, ACCORDING TO PLAT IN PLAT BOOK 2, PAGE 88, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; • AND A CERTAIN PARCEL OR TRA mr.t. b LYING NORTH OF BLOCK 3, A� a: bRDED IN PLAT BOOK 1, PAGE ND HEIGHTS SU `�. '��OF r ' COUNTY, FLORIDA; PAGE 85, PUBLIC .. r M. C. JOHNSON AS NORTHWEST OF TRA' 6 LAND CONVE RECORDED IN DEE" Bui:� - 57, E •TERLY OF PETTIT SUBDIVISION, AS C' RDED • ► " • NOOK 2, PAGE 88, PUBLIC RECORDS OF CODEI ; +' 1� "��1 ''0 ` • "O HERLY OF THE SOUTHERLY LINE 0 'R, l►'�� ?�- 9 '�•ID SUBDIVISION PROJECTED WESTE"�_ eve ' ' .` ,. ,'y 0 - 'its •F THE EASTERLY AND SOUTHERLY S r- OF A PROPOS ,r C• • • GOODLAND BAY AND EASTERLY OF •T LINE BETW " L• �� ' AND 11 OF BLOCK 3, GOODLAND HEIGH ' :DIVISION PR* - v. NORTHERLY, BEING MORE PARTICULARLY D = D AS FOLL ► • COMMENCING AT A CONCRETE-- - WITH A 3/4' GALVANIZED IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID PETTIT • SUBDIVISION; THENCE SOUTH 22°58'30' EAST 30.0 FEET TO A CONCRETE MONUMENT MARKING THE NORTHWESTERLY CORNER OF LOT 1 OF SAID SUBDIVISION, THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 22°58'30' EAST 221.88 FEET TO A CONCRETE MONUMENT WITH A 3/4' GALVANIZED IRON PIPE; THENCE SOUTH 0°21'00' EAST 88.95 FEET • TO A CONCRETE MONUMENT WITH A 3/4' GALVANIZED IRON PIPE; THENCE SOUTH 78°28'30' WEST 110.92 FEET TO A CONCRETE MONUMENT WITH A 3/4' GALVANIZED IRON PIPE MARKING THE NORTHEAST CORNER OF LOT 9, BLOCK 3, GOODLAND HEIGHTS SUBDIVISION; THENCE NORTH 88°07'30' WEST 120.0 FEET TO AN IRON PIN MARKING THE NORTHEAST CORNER OF LOT 11, BLOCK 3, OF SAID SUBDIVISION; THENCE NORTH 1°52'30' EAST 34.79 FEET TO A 3/4' GALVANIZED IRON PIPE; THENCE CONTINUING NORTH 1°52'30' EAST 8.0 FEET TO A POINT ON THE SHORE OF A PROPOSED CANAL TO DRC\04-042-FF4 October 10,2005 Packet Page -874- 2/9/2016 16.H.3.- • OR: 3991 PG: 1751 EXHIBIT "A" • - 20F4 GOODLAND BAY; THENCE NORTH 88°54'20' EAST FOLLOWING THE SOUTHERLY SHORE OF SAID CANAL 114.66 FEET TO A POINT,.SAID POINT BEING THE POINT OF CURVE OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.0 FEET; THENCE FOLLOWING THE SOUTHERLY SHORE OF SAID CANAL ALONG A CURVE E TO THE8 E FEET THROUGH TO THE POINT CENTRAL ANGLE OF 113°00' A DISTANCE TANGENCY; THENCE NORTH 24°05'40"WEST FOLLOWING THE EASTERLY TO A SHORE OF SAID CANAL 144.18 To TME R GHOTIHAVINGDA POINT RADIUS OF 61 38 POINT OF CURVE OF A CURVE FEET; THENCE FOLLOWING THE EASTERLY SHORE OF SAID CANAL ALONG A CURVE TO THE RIGHT A POINT OF ENTRALL ANGLE THENCE 18 °30'20"A DISTANCE OF 19.82 FEET TO NORTH 5°35'20' WEST FOLLOWING THE EASTERLY SHORE OF SAID CANAL 69.08 FEET TO A POINT. lam e 88°07'30' EAST 10.0 FEET TO A 3/4' GALVANIZED IRO F& � t'.,1>!► i • INUING SOUTH 88°07'30' EAST 16.4 FEET TO TH 017"- OF BEGIN L LYING AND BEING •SITUATED IN GOVERN OT 14, SECTION , eWNSHIP 52'SOUTH, RANGE 27 EAST, TAL ►;.. E a IAN, GO,DLAND, COLLIER COUNTY, FLORIDA. t 1 @ 'fY A CERTAIN PARCEL ; TRACT OF LAN M LYI G »`IN TH OF A TRACT CT CONVEYED TO MILTO OHNSON AND '4; 'R 47, PAGE 411, PUBLIC RE., I, OF COLLIE- ' , FLORIDA MORE PARTICULARLY DESCRIB • • LLOWS: 1Cs.• COMMENCING AT A 4' 'X 4' CONCRE 1 t MONUMENT. WITH A 3/4' GALVANIZED IRON PIPE MARKING THE NORTHWESTERLY CORNER OF PETTIT SUBDIVISION AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 88; THENCE NORTH 88°07'30" WEST 14.00 FEET TO A POINT ON THE EASTERLY SHORE OF A BRANCH CANAL FROM A CANAL TO GOODLAND BAY, SAID POINT BEING THE SOUTHWESTERLY CORNER OF TRACT CONVEYED TO DR. E.WAYNE LONG AND WALTER C. BURWICK RECORDED IN DEED BOOK 45, PAGE 324, SAID POINT BEING ALSO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE SOUTH 88°07'30' EAST 14.00 FEET TO A CONCRETE MONUMENT WITH A 3/4' GALVANIZED IRON PIPE; THENCE SOUTH 22°58'30" EAST 30.00 FEET TO A CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE, SAID POINT BEING THE NORTHWEST CORNER OF LOT 1 OF SAID PETTIT SUBDIVISION; THENCE NORTH 88°0T30' WEST TO 3/4' GALVANIZED FONT CONTINUING NORTH THE BANK OF �. DRC\04-042-FF4 October 10,2005 1 c Packet Page -875- 2/9/2016 16.H.3. OR: 3991 PG: 1752 EXHIBIT "A" 30F4 • • 88 007'30' WEST 10.00 FEET TO A POINT ON THE EASTERLY YCORN BOUNDARY OF OF SAID CANAL, SAID POINT BEING THE NORTHWESTERLY CONVEYED TO M. C. JOHNSON AND RECORDED IN DEED BOOK 47, PAGE 411; THENCE NORTH 5°35'20'CANAL 16 970 FEET NTO THE EASTERLY BOUNDARY OF SAID BRAN CH POINT OF CURVE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 17.14 FEET; THENCE FOLLOWING SAID CURVE TO THE RIGHT ALONG SAID EASTERLY CANAL BOUNDARY AND THROUGH A CENTRAL ANGLE OF 36°19'10' 10.86 FEET TO A POINT OF TANGENCY, TH LOT OF BEGINNING, ALL LYING AND BEING SITUATE IN GOVERNMENT 14, SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, TALLAHASSEE MERIDIAN, GOODLAND, COLLIER COUNTY, FLORIDA. tjA CERTAIN PARCEL •F{r A re i CT OF LAND L ORTH OF BLOCK 3, GOODLAND HEIGHT- . S n='• ' o. AS 'EC• -D D IN THE PUBLIC RECORDS OF COLLI R 0 F RI•A IN P. • BOOK 1, PAGE 85 AND EAST OF P. ' • S BDIVISION MORE PARTICULARLY DES RI:Ea A- • • E- BEGINNING AT TH-'(► •RTHWEST CO-, ER 0' '• •T 14, BLOCK 3, GOQDLAND HEIGHTS �•),,y . (VISION; THEN% 7.5°03'30' EAST 180.0 FEET TO A 3/4' GALV:I` • IRON PIPE; r i ONTINUING NORTH 85°03'30' EAST 52.91 FE'' l►a t CONCR �_� I4 MENT WITH A BRASS CAP; THENCE SOUTH 88°0 1' • `! ,• '» • AN IRON PIN MARKING THE NORTHEAST CORNER 0 s • K 3, OF SAID GOODLAND HEIGHTS SUBDIVISION; THENCE NORTH 1°52'30' EAST 34.79 FEET TO A 3/4" GALVANIZED IRON PIPE; THENCE CONTINUING NORTH 1°52'30' EAST. 8.0 FEET TO A POINT ON THE SHORE OF A PROPOSED CANAL TO GOODLAND BAY; THENCE SOUTH 88°54'20' WEST 107.89 FEET TO A POINT ON THE SOUTHERLY SHORE OF SAID CANAL, SAID POINT BEING NORTH 7°14' EAST 8.18 FEET FROM A 3/4' GALVANIZED IRON PIPE, A REFERENCE POINT AND ALSO BEING NORTH 7°14' EAST 43.74 FEET FROM A 3/41 GALVANIZED IRON PIPE OON�LAST AFORESAID PIPE BOUNDARY HAVING SAID GOODLAND HEIGHTS SUBDIVISION DESCRIBED AS BEING NORTH 85 003'30' EAST 180.0 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 7°14' EAST FOLLOWING THE SHORE OF WESTERLY AND OF SAID f . CANAL GALVANIZED FEET; THENCE SOUTH 85°03'30' WEST 8.0 FEET • PIPE; THENCE CONTINUING SOUTH 85°03'30' WEST 172.0 FEET TO A POINT ON THE EASTERLY 4REGASTFOL OWING THE EASTERLY PAPAYA HT- STREET; THENCE SOUTH • October 10,2005 Packet Page -876- • _ - - - 2/9/2016 16.H.3. EXHIBIT "A" 4 OF 4 OF-WAY BOUNDARY OF SAID PAPAYA STREET 51.13 FEET TO THE POINT OF BEGINNING,ALL LYING AND BEING SITUATE IN GOVERNMENT TALI�AE i LOT SECTION 18, TOWNSHIP 52 SOUTH, MERIDIAN, GOODLAND, COLLIER COUNTY, FLORIDA. AND BEGINNING AT A POINT MARKED BY A 3/4' GALVANIZED IRON PIPE ON THE NORTHERLY BOUNDARY OF GOODLAND HEIGHTS SUBDIVISION, RECORDED IN PLAT BOOK 1, PAGE 85SA SAID NORTHERLY FLORIDA, SAID AND POINT BEING THE INTERSECTION O�* SUBDIVISION, RECORDED IN . THE WESTERLY BOUNDARY OF ' THENCE RECORDED IN PLAT BOOK 2, PAGE 88, C•• ti ,It LORIDA; 22°58'30' WEST 126.35 F Mb, • a STERLY BOUNDARY OF —_ SAID PETTIT SUBDM •° 0 A CONCRET UMENT WITH A 3/4" GALVANIZED IRON P 'E;i - • - SO 0°21 EA♦T 88.95 FEET TO A CONCRETE MONUM c NT W _ •NI 4 • ION PIPE; THENCE • -- ONUMENT WITH A NORTH 78°28 30 .T I ' 1 glyr �3/4' GALVANIZED 'IP: I O E NORTHERLY U: • VI'�I • ;THENCE SOUTH ,F BOUNDARY OF SAID 88°07'30` EAST 157.;I EET TO THE -•I O'ad:EGINNING, BEING �o SITUATE IN GOVERN �.`_,� LOT 14, SECT:v;. 8 ' NSHIP 52 SOUTH, RANGE 27 EAST, T° -• •SSEE MER!' • •ODLAND, COLLIER COUNTY, FLORIDA. C)4\ ,fS w c� END OF LEGAL DESCRIPMON . t-• Cal w )0- • DRC\04-042-FF4 October 10,2005 17 Packet Page -877- 2/9/2016 16.H.3. January 25,2016 From: Tara O'Neill, taraogallerva?gmail.com on behalf of the Goodland Arts Alliance, 501(c)3 To all this may concern; The Goodland Arts Alliance(GAA) is a dedicated cultural non-profit with a mission to preserve,promote, and advance the cultural presence in the Village of Goodland(Florida) through art,history, and education. It is a federal 501(c)3 and registered non-profit corporation in the State of Florida. Our tiny community is rife with historical significance to Collier County and the State of Florida, and abundant in artful interpretations of our unique region of the United States. It is one of the last working fishing villages remaining on the southwest coast of Florida and proud of its identity. The GAA mission began in September,2012,when the founding members rallied together with the idea of restoring, preserving,and repurposing the remaining five (originally twelve) historic fishing cottages that exist in the heart of our community and within the boundaries of county-operated MarGood Harbor Park. Since then one cottage has already collapsed;the oldest of the standing cottages dates back to the 1920's,two were built in the 30's, and one in 1952; all four are built with indigenous cypress and pine wood. The county purchased the park lands in 2004 with the help of Florida Community Trust funds. Lacking any public funding,the cottages have been abandoned and suffering egregious neglect behind a locked fence since the County acquired the property. The GAA's goal is to bring these structures back to life, at its own expense, and re-purpose them as a cultural center for the benefit of the community and its visitors. The GAA was responsible for bringing the existence and significance of the cottages to the attention of the Collier County Historical and Archeological Preservation Advisory Board, and in December,2014,the cottages were given official designation as Historic Structures by the Board of County Commissioners. GAA representatives have met many times over the last three years with local officials, including directors of Collier County Parks and Recreation, county managers, and Collier County Commissioner Donna Fiala,with the goal of working out a plan, and eventually a lease, amenable to all. The GAA has complied with all that has been asked of it, and the County,fully on board, has repaid us in kind. An advertised community meeting in the Goodland Civic Center, attended by Commissioner Fiala and two county parks representitives, brought an overwhelmingly positive response from Village residents. In October, 2015, a lease(attached)was drafted to the satisfaction of County and community alike for a thirty-year term,providing the GAA's continued use of the property stayed within the guidelines of both Collier County and the Florida Community Trust. The proposal seemed the perfect example of public/private collaboration to everyone involved. The final hurdle,before Packet Page -878- 2/9/2016 16.H.3. the Board of County Commissioners and the GAA could sign the agreement,was to get approval from the Florida Community Trust. The State of Florida,through the Florida Community Trust, now stands poised to extinguish this restoration and utilization project. They approved our motives,methods, and goals, but the lease was reduced to a five-year term limit. This may be a standard lease term for private vendors operating businesses within state or county park boundaries,but the GAA is not a private entity. The GAA is motivated to improve the quality of life for the Village of Goodland in the present, but it is also committed to building for the future. The five-year lease will have a chilling effect on potential donors that will be fatal. Community enthusiasm for the Cottage Restorations is high because citizens anticipate the ultimate use of the structures for cultural community purpose will enhance the quality of life for Goodland Village residents and visitors. We have various skilled and licensed contractors and 1 professionals standing by and ready to contribute their time and expertise to the restoration project. But this enthusiasm will likely be extinguished when it becomes clear that the State may reclaim the properties in just five years, even if the restorations are incomplete. At that point sunk costs and effort would have been clearly wasted. The Goodland Arts Alliance, Inc. and Goodland Village need your help in assuring that the residents and donors will not have embarked upon a project which is fatally flawed from the onset. To be able to move this important historic restoration endeavor forward we must have a long lease, or minimally,a guarantee of an evergreen renewal. This will allow us to successfully solicit the necessary funding from residents and other contributors. Can we count on your guidance and support to help us resolve this issue before these historic jewels are lost forever? Our sincerest regards, Goodland Arts Alliance board of directors: Tara O'Neill,board president a � ar 4. , : 'ALLIANCE PO Box 593, Goodland FL 34140 www.goodlandartsalliance.org 239.642.0528 P-1 Packet Page -879- 2/9/2016 16.H.3. 11111k COLLIER COUNTY DIVISION OF PUBLIC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard•Naples,Florida 34116 • (239)353-0404•FAX(239)353-1002 Website:colliergov net September 13,2005 Dear Community Leader: As you know earlier this year Collier County purchased the Mar-Good Resort property with the intention that the Parks and Recreation Department will develop it as a park.The acquisition was partially funded by a grant from the Florida Communities Trust(FCT), a division of the Florida Department of Community Affairs. A requirement of the grant funding is that the County develops a land management plan for the property that meets stringent FCT standards. The plan has been submitted as required. Staff has placed the land management plan on the Parks and Recreation Advisory Board agenda for September 21,2005 to allow for public comment on it.The meeting is at 2 pm at Max Hasse Community Park. I have enclosed a copy of the plan for your review.I'll be happy to answer any questions you have in advance and look forward to seeing you at the Advisory Board meeting if you choose to attend. Sincerely, o Amanda Oswald Townsend Operations Analyst C o ( • ' ' i e r C o u n t y Packet Page -880- 2/9/2016 16.H.3. COLLIER COUNTY DIVISION OF PUBLIC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard• Naples,Florida 34116 • (239) 353-0404•FAX(239) 353-1002 Website:colliergovnet August 22, 2005 Linda Demetropoulos Florida Communities Trust 2555 Shumard Oak Blvd. Tallahassee,FL 32399-2100 Dear Linda: Enclosed please find the Land Management Plan for Goodland Harbor Park, Project#04- 042-FF4. Should you require any changes to it,please do not hesitate to let me know. Thanks for your continued patience on this project. Sincerely, • ``---Amanda Townsend Operations Analyst —.r.wTeae.-.......ar..ii•.... �n-w a......m................a.At....v.......,a......sw..• wwv..............--......�..wmn.m...wmiw.... Packet Page -881- 2/9/2016 16.H.3. GOODLAND HARBOR PARK PROJECT NUMBER 04-042-FF4 LAND MANAGEMENT PLAN Submitted to the Florida Communities Trust In compliance with the requirements of Florida Forever Program Rule 9K-7.011,Florida Administrative Code Prepared by Nancy Olson and Amanda Townsend Collier County Parks and Recreation Department August 19, 2005 1 Packet Page -882- B 2/9/2016 16.H.3. Table of Contents I. Introduction 3 II. Purpose 3 III. Site Development and Improvement 5 A. Existing Physical Improvements 5 B. Proposed Physical Improvements 5 C. Landscaping 7 D. Wetland Buffer 7 E. Acknowledgment Sign 7 F. Parking 7 G. Stormwater Facilities 7 H. Hazard Mitigation 7 I. Permits 8 J. Easements, Concessions, and Leases 7 IV. Natural Resources 7 A. Natural Communities 7 B. Listed Animal Species 9 C. Listed Plant Species 10 D. Inventory of the Natural Communities 10 E. Water Quality 10 F. Unique Geological Features 10 G. Trail Network 11 H. Greenways 11 V. Resource Enhancement 11 A. Upland Restoration 11 B. Wetland Restoration 11 C. Invasive Exotic Plants 11 D. Prescribed Burn Plan 12 E. Feral Animal Program 12 VI. Archaeological, Cultural, and Historical Resource Protection 12 VII. Education Signs and Programs 13 A. Education Programs 13 B. Museum and Nature Center 13 VIII. Coordinated Management 14 IX. Management Needs 14 A. Maintenance 14 B. Security 14 C. Staffing 15 X. Cost Estimates and Funding Sources 15 XI. Priority Schedule 16 XII. Monitoring and Scheduling 18 Exhibit A USGS Quadrangle Map Exhibit B Public Lands Map Exhibit C Exotic Pest Council's List of Florida's Most Invasive Species Exhibit D Master Site Plan Exhibit E Grant Contract 2 Packet Page -883- 2/9/2016 16.H.3. I. Introduction The Goodland Harbor Park site is located at the northern end of the village of Goodland, a geographically isolated community southeast of Marco Island, in Collier County, Florida. This self-contained village in unincorporated Collier County is approximately one half-mile square. Within the developed area of Goodland are restaurants, shops, marinas, commercial fishing establishments, and residences. The project site, 2.5 acres, has been utilized for many years as a local fishing resort called Mar-good Resort, featuring approximately 22 cabins, trailers, and permanent structures. In addition, the site includes approximately 28 boat slips on floating docks that harbor both motorboats and small sailboats. The shoreline is riprap. Goodland contains the largest concentration of historic structures in Collier County, with 12 standing structures listed in the Florida Master Site File. An additional 15 prehistoric sites occupy the surrounding area. The project site itself is within the "Goodland Point Midden" (MSF #00045), a Glades Shell midden that encompasses much of Goodland. Many archaeological features have been discovered on the project site by the current landowner over the years. The project site is located within a designated Low Income Community, as defined by Rule 9K-7.002(20), F.A.C. Census data from 2000 for Goodland CDP and Collier County and reveals that greater than 51% of Goodland residents have an annual income that does not exceed 80% of the median income of the county. Grant funding from the Florida Communities Trust will partially reimburse Collier County for the purchase of the 2.5-acre project site known as the Goodland Harbor Park. This management plan has been developed to ensure that the project site will be developed and managed in accordance with the Grant Award Agreement and in furtherance of the purpose of the grant application. II. Purpose As stated in the grant application, the project will preserve the character of the community of Goodland, enhance the Goodland Bay/Ten Thousand Islands Waterway Trail, provide a modest habitat area for listed bird species, improve and protect surrounding water quality, provide water access for both land-based and offshore recreation, increase nature and historic-related educational opportunities, and create a community recreation facility for the village of Goodland. The Management Plan will govern the project site. The project site will be managed only for the conservation, protection, and enhancement of natural resources, and for public 3 Packet Page -884- 2/9/2016 16.H.3. outdoor recreation that is compatible with the conservation,protection, and enhancement of the site. Recreational uses that are not compatible with the protection of the project site's resources will not be permitted. Management objectives for the project site are prioritized as follows: Identify, manage, and conserve significant cultural resources Provide nonmotorized vessel access to open water Provide passive recreation opportunities Provide education opportunities Management of the site as proposed is consistent in innumerable ways with the Collier County Growth Management Plan. The following policies are directly furthered by the management objectives listed above. Conservation and Coastal Management Element Policy 11.1.2 directs, "There shall be no loss of historical or archaeological resources on County-owned property and historical resources on private property shall be protected, preserved or utilized in a manner that will allow their continued existence." The project site lies within an area rich with pre- historic artifacts and resources. Numerous such artifacts have been found on this property. There-is a high probability that significant archaeological resources exist on site, and the County shall identify, manage, and conserve such resources in accordance with the above referenced policy. Capital Improvements Element Policy 1.3.3 and Recreation and Open Space Element Policy 1.3.2 direct the County to ensure continued and expanded public access to shorelines and waterways through funding for the acquisition of such lands and facilities. One of the primary objectives of the proposed project is to acquire property that will provide expanded public access to the adjacent waterways. Acquisition of the project site directly furthers the above referenced policies. Recreation and Open Space Element Policy 3.1.1 directs the County to acquire land to meet the needs for a community and regional park system inclusive of lands devoted to passive recreational uses. The County's acquisition of the project site will directly further and implement this policy. The proposed project will be used as an open space, passive recreation oriented regional level park to serve Collier County residents. Recreation and Open Space Element Policy 1.1.6 directs the County to establish and implement a program to acquire open space and natural reservations. Acquisition of the project site, which is intended to be used primarily as a resource based passive regional park, directly furthers and implements this policy. Conservation and Coastal Management Element Objective 1.1 calls for the development and implementation of a conservation program that will ensure that the County's natural resources, including listed species, are effectively managed and protected. The estuarine shoreline that occurs on the project site provides habitat for a variety of listed animal 4 Packet Page -885- 2/9/2016 16.H.3. species. Acquisition of the project site followed by a Future Land Use re-designation to Conservation and implementation of the management plan will direct incompatible commercial and residential uses away from this shoreline habitat and therefore further the above referenced objective. The Future Land Use and Zoning designations of the site will be amended to Conservation and Public, respectively, within a year of acquiring the site. The project site will be identified in all literature and advertising as acquired with funds from the Florida Communities Trust and operated as a passive outdoor recreation area. III. Site Development and Improvement { A. Existing Physical Improvements The improvements on the project site include: • Mar-Good Building, thought to be Collier County's first movie theater, currently serves the Mar-Good RV Resort as a restaurant, store, and museum. • Laundry/community center building • 11 concrete pads for RVs • 11 cottages • 4 shade structures or sheds • 15 trailers (removed prior to purchase) • Man-made floating boat docks with 28 boat slips that accommodate both motorized and non-motorized vessels • Shell driveway and parking area • Asphalt driveway B. Proposed Physical Improvements The project site will be developed as a passive recreation area with a four-part focus: to make the best use of the site's natural and cultural resources, to provide nonmotorized vessel access to open waters, to serve as a neighborhood park, and to provide educational opportunities. Resource-based facilities developed on site will include a launch for non- motorized vessels, 'A-mile of walking paths, 2 50-foot fishing/viewing docks, and 4 pavilions (proposed as 1 30'x30', 1 20'x40', and 2 15'x15's). User-oriented facilities developed on site will include a playground and family picnic area with sand volleyball,bocce ball, and horseshoes. The project site is located on a small basin that feeds into Goodland Bay. Restoration of the shoreline, 550 linear feet, complete with 2 50-foot fishing/viewing docks and a courtesy dock to allow visitor access to the park via the water, along with a non-motorized vessel launch will be developed. 5 Packet Page -886- 2/9/2016 16.H.3. The trail proposed for the project site will begin at the pedestrian access off Papaya Street, opposite the Post Office, and follow the shoreline to the point, then loop around the family picnic and dry retention areas, pass the Mar-Good Interpretive Center and playground area, and then rejoin the pedestrian access. The length of this trail is just over 1/4 mile. The Mar-Good Building that formerly served as a store, restaurant, and bar is approximately 3500 square feet in size. The interior of the building will be restored and converted into the Mar-Good Interpretive Center complete with exhibits on area history and natural history, host lectures, and site-specific programs presentation developed by the Sr. Park Naturalist and presented by Collier County Park Rangers. The exterior former bar will serve as a covered seating or porch area. Several historic cottages from the early settlement of Goodland exist on site. One or more of these will be restored and used to create an interpretive "Cracker homestead." The number of cottages to be restored will be determined following an assessment by a structural historian and will be provided to FCT with the proposed Site Development Plan. The remaining cottages, laundry/community center building, concrete pads for RVs, shade structures, sheds, trailer pads, floating docks, and existing shell driveway and parking area, and asphalt driveway will all be removed. An extensive shoreline restoration program intended to create a functioning natural shoreline ecosystem complete with native vegetative species will be conducted. This restoration is intended to attract wading birds and aquatic animals that normally utilize such ecosystems. The restoration will also enhance water quality by directing motorized boats and the associated negative water quality impacts away from adjacent waters. _ Trash receptacles will be installed in the family picnic area, at the vessel launch, and mid-way down the pedestrian access trail. Bicycle racks will be installed at the Mar-Good Interpretive Center. Proposed physical improvements are scheduled in two phases. Phase I includes running utilities, burying electric lines, site work, shoreline restoration, construction of docks, construction of parking, irrigation, landscaping, and signage. Phase II includes renovation of the Mar-Good building and cottages, construction of the cul de sac, sidewalks, rest rooms, maintenance building, and shelters; and installation of the playground, recreation elements, and site furnishings. Phase I is projected for completion July 2088; Phase II for July 2010. 6 Packet Page -887- 2/9/2016 16.H.3. FCT review and approval will be obtained prior to any proposed modification of this document and/or the undertaking of any site alterations or physical improvements not addressed in this document. C. Landscaping Exotic/invasive vegetation will be removed from the 'project site. Native vegetation will be planted on approximately 1/3 of the upland portion, or .8 acre, of the project site. Coastal and tropical hammock vegetative species will be used including gumbo limbo, Jamaica dogwood, sea grape, myrsine, green buttonwood, sabal palm, white stopper, and pond apple. Exotic vegetation removal has begun. Landscaping will be conducted during Phase II of development, expected to be complete in 2010. D. Wetland Buffer A 10-foot buffer will be provided between the paved trail and restored shoreline. E. Acknowledgment Sign A 2' x 3' sign, including the FCT logo, the year the site was acquired, and acknowledgment that the project site was purchased with funds from the Florida Communities Trust will be located at the park entrance. F. Parking Parking will be located in the southeast corner of the project site, with ingress and egress off Pear Tree Street. The exact number of parking spaces, parking area surface material, and parking are containment strategy, along with necessary landscape buffering, will be determined in accordance with County code during the Site Development Plan development and review process. Bollards will be used at the pedestrian entrance on Papaya Street to prevent vehicular ingress. The Site Development Plan process is expected to begin July 2006 and be complete July 2007. The Site Development Plan will be forwarded to FCT simultaneous to submission to Collier County Zoning and Land Development Review Department. G. Stormwater Facilities Development of the parking area will require stormwater/dry retention that will be designed to serve dually as open space. H. Hazard Mitigation The Local Mitigation Strategy directs the County to make every effort to reduce the public's vulnerability and exposure to the effects of natural disasters. In order to reduce the loss of personal and public property caused by natural disasters, Objective 1.6 directs the County to protect coastal/marine resources from the adverse effects of coastal development, and Objective 1.8 encourages land and water uses that are compatible with the protection of coastal resources. Existing non-historic structures and boat docks will be removed, the shoreline restored, and compatible access to the shoreline provided. Acquisition of the project will 7 Packet Page-888- 2/9/2016 16.H.3. help further the County's Local Mitigation Strategy by providing land and water uses which are compatible with the protection of coastal resources. Another hazard mitigation principle that will be applied in the design and construction of the project site is the burying of overhead electrical lines. 1. Permits Permits that are anticipated to be required to complete development of the project include Collier County Community Development and Environmental Services Division Rezoning, Florida Department of Environmental protection permits for Submerge land lease, water/sewer, wetland impacts, environmental restoration Plan, and mitigation if necessary, Army Corps of Engineers permit, Collier County Community Development and Environmental Services Division Site Development Plan permit, Collier County Community Development and Environmental Services Division building permits and East Naples Fire Department fire compliance. J. Easements,Concessions,and Leases Easements,concessions,or leases cover the project site,nor are any planned. There were existing above-ground electrical,phone and cable utility lines running - east-west through the site at the time of acquisition, but there were no associated easements recorded. Collier County approached LCEC with a request to bury the eastern approximately 1/3 of the electrical lines bisecting the site, and LCEC requested an easement. Collier County has granted LCEC a 5' utility easement for the overhead lines and a 10' utility easement for where the lines are buried. Collier County also has granted other existing public utilities (Century Link and Comcast) a 10' overhead utility easement overlapping with LCEC 5' utility easement. A map of the easement locations can be found in Exhibit F. No additional easements exist or are planned for the project site. Should any lease of any interest, the operation of any concessions, any sale or option, the granting of any management contracts, or any use by any person other than in such person's capacity as member of the general public arise or be proposed, FCT will be provided with 60-day prior written notice. No document will be executed without the prior written approval of FCT. All fees collected will be placed in a segregated account solely for the upkeep and maintenance of the project site. 8a Packet Page-889- 2/9/2016 16.H.3. IV.Natural Resources A. Natural Communities TROPICAL HAMMOCK The tropical hammock community is found only in South Florida and the Keys. The tropical hammock on the project site has grown on the "Goodland Point Midden"(MSF#00045),an ancient Indian shell mound that encompassed much of Goodland thousands of years ago. Tropical hammocks have been largely lost to residential development in most areas of Collier County. Plant species in the tropical hammock include the strangler fig (Ficus aurea), gumbo limbo (Bursera simaruba), mastic (Mastichodendron foetidissimun), and Jamaica dogwood (Piscidia piscipula). On the project site several exemplary specimen of strangler fig and gumbo limbo Remain. However, due to development and relatively high-density use, the community is not robust with understory species. A survey of plant species will be conducted prior to finalization of the site plan to ensure that the fine examples 8b Packet Page -890- JD, 2/9/2016 16.H.3. mentioned above are preserved. Native species will be used for landscaping throughout the site to provide the feel and restore some of the function of the tropical hammock. GOODLAND POINT MIDDEN(MSF#00045) The Goodland Point Midden is a Glades Shell midden. The Glades Culture is a regional adaptation found in south Florida after 500 BC and into the colonial period. The Glades Cultural region included a variety of wetlands, most of which have been destroyed due to development. Glades sites can be found along the coasts especially on estuaries, and along the higher inland ridges. The largest shell middens are found along the coast, especially in the Ten Thousand Islands, of which Goodland is a part. The picture of Glades settlements suggests that the people lived at central villages and traveled back and forth to camps to hunt and fish. The Florida Natural Areas Inventory identifies Shell Mound as a coastal upland community with global and state statuses of"imperiled." Please refer to Section VI of this document for a discussion of proposed management of the site's archeological resources. INTERTIDAL BAY The project site is located along the shoreline of Goodland Harbor, an intertidal bay with a direct connection to the waters of the Ten Thousand Island National Wildlife Refuge. The site's adjacency to the water and mangrove areas lends the potential for providing habitat for listed wading birds such as roseate spoonbill, white ibis, little blue and tri-colored heron, and reddish and snowy egret, all species of special concern. However, the shoreline of the project site is fully developed with riprap and floating docks, making its current state less than inviting to the species mentioned. The shoreline will be restored with native species such as leather fern, mangrove, silver and green buttonwood, spartina grass,necklace pod, and seagrape to promote its use by wading birds. B. Listed Animal Species A survey of listed animal species located specifically on the project site has not yet been undertaken. The following listed species may be found the project site, based on the vegetative communities surrounding the project site: Common Name Scientific Name State Status Brown Pelican Pelecanus occidentalis SSC Snowy egret Egretta thula SSC Little blue heron Egretta caerulea SSC Tricolored heron Egretta tricolor SSC Reddish egret. Egretta refiuescens SSC White ibis Eudocimus albus SSC Roseate spoonbill Ajaia ajaja SSC 9 Packet Page-891- 2/9/2016 16.H.3. The project site does not contain habitat located in a Strategic Habitat Conversation Area. The shoreline of the project site will be restored with native species to promote its use by the species listed above. The Fish and Wildlife Conservation Commission will review this Management Plan within one year. C. Listed Plant Species Due to the amount of disturbance on the project site, the probability of the existence of listed plant species on site is low. A survey of plant species on the project site will be undertaken prior to finalization of the site plan to ensure that any listed plant species that may exist on site are preserved. D. Inventory of the Natural Communities Collier County Parks and Recreation will coordinate with Collier County Environmental Services to initiate a biological inventory of natural communities on the project site and establish a monitoring cycle, proposed to be conducted every year for the first three years beginning in 2006, and then every three years thereafter. Information on identified listed species will be forwarded to the Florida Natural Areas Inventory (FNAI) following each survey on the appropriate FNAI forms. E. Water Quality The project site historically has been used for boat mooring and currently has 28 boat slips. Upon acquisition, the slips will be removed, which in turn will improve water quality by directing motorized boats and the associated negative water quality impacts away from the adjacent waters. The quality of the water within the Drop Anchor yacht basin will be assessed by Collier County Pollution Control Department. A small mangrove tree and some Brazilian pepper exist outside the surrounding seawall at the mouth of the basin beyond the bounds of the project site. If the quality of the water proves to need improvement, the Parks and Recreation Department will look into the removal of the exotic vegetation or other actions that might aid in the flushing of the bay to improve water quality. The adjacent waters of Collier-Seminole State Park and Ten Thousand Islands National Wildlife Refuge are designated Outstanding Florida Waters by the Department of Environmental Protection under Rules 62-302.700(9)(c) and (b), respectively. F. Unique Geological Features The site does not contain any unique geological features. 10 Packet Page -892- k 2/9/2016 16.H.3. G. Trail Network The trail proposed for the project site will begin at the pedestrian access off Papaya Street, opposite the Post Office, and follow the shoreline to the point, then loop around the family picnic and dry retention areas, pass the Mar-good Interpretive Center and playground area, then rejoin the pedestrian access. The length of this trail is just over 1/4 mile. The trail proposed for the project will not connect with or enhance an existing local, regional, or statewide land-based recreation trail system. H. Greenways The project site will not become part of or enhance and existing greenway or wildlife corridor. Acquisition of the project site and construction of the non-motorized vessel launch will allow access to the Goodland Bay Waterway Trail that links to the Ten Thousand Islands and Blackwater River/Royal Palm Hammock Canoe Trail. Staff has plans to prepare a Collier County Canoe Trail System Plan. This plan will outline resource protection activities and coordinated management efforts among local and state agencies. A map of the project site and the Goodland Bay Waterway and Blackwater River/Royal Palm Hammock Canoe Trails is located in Appendix F. V. Resource Enhancement A. Upland Restoration Upland restoration will not be undertaken on the project site. B. Wetland Restoration • Boat docks and slips along the 550 feet of shoreline will be removed. The shoreline will be restored with native species such as leather fern, mangrove, silver and green buttonwood, spartina grass, necklace pod, and seagrape. The shoreline restoration will be conducted during Phase I of development, expected to be complete in 2008. C. Invasive Exotic Plants The County will remove all invasive/exotic species on the project site. Native vegetation will be incorporated into the landscaping plans for the upland portions of the project site. Approximately one-third of the site will be landscaped using coastal species including gumbo limbo, green buttonwood, Jamaican dogwood, and sabal palm. Collier County Environmental Services Department will monitor and re-treat the site every 6 months for the first year and then annually after the first year, using 11 Packet Page -893- k 2/9/2016 16.H.3. the Exotic Pest Plant Council's list of Florida's Most Invasive Species to identify invasive exotics. D. Prescribed Burn Plan There will be no prescribed burning on the project site. E. Feral Animal Program Currently there are no feral animals on the project site. Park Rangers will monitor the project site for feral animals. Should feral animals become an issue for the site in the future, Park Rangers will coordinate efforts with Collier County Domestic Animal Services for their removal. VI. Archaeological, Cultural,and Historical Resource Protection The project site itself is within the "Goodland Point Midden" (MSF #00045), a Glades shell midden that encompasses much of Goodland. The Glades Culture, a regional adaptation found in south Florida after 500 BC and into the colonial period, constructed the 40-acre midden. The Glades Cultural region included a variety of wetlands, most of which have been destroyed due to development. Glades sites can be found along the coasts especially on estuaries, and along the higher inland ridges. The largest shell middens are found along the coast, especially in the Ten Thousand Islands, of which Goodland is a part. The picture of Glades settlements suggests that the people lived at central villages and traveled back and forth to temporary camps to hunt and fish. In the late 19th century, early settlers to this area planted vegetables and fruit trees on the midden. In the early 20th century, the shell mound provided road-building material including the shell top road to Royal Palm Hammock and the road connecting Goodland to State Road 92. The shell was also used to build the Naples Airport landing strips and nearby roadways during World War II. Around 1949 the Barron Collier Company leveled the mounds to make way for streets and development. Goodland contains the largest concentration of historic structures in Collier County, with 12 standing structures listed in the Florida Master Site File. These 12 structures are within 1/4 mile of the project site. Several cottages from the early settlement of Goodland exist on the project site. A few of these cottages housed the military and dredging crews who worked on Drop Anchor yacht basin project. These cottages, some built in the early 20th century, were moved to Goodland from the community of Caxambas in 1949. Others were built from wood salvaged from the 1910 hurricane and still others were moved to Goodland from Miami in the early 20th century. The Mar-good RV Park Cottages & Marina building was constructed in the early 1940s. It was used as a military and construction storage bay for the dredging project of what is now the Mar-good and Drop Anchor yacht basin. This building later served as Collier County's first movie theater. 12 Packet Page -894- 2/9/2016 16.H.3. The Mar-Good building and several of the cottages will be restored and developed into an interpretive center. An assessment of the restoration needs of the buildings is scheduled to be completed by February 2006. Programming will cover significant resources on site, as well as the area's prehistory,history, and natural environment more generally. A preliminary scope of work for a cultural resource survey was conducted in May of 2005. Performance of the survey is tentatively slated for October 2005. A cultural resource survey will be performed on any area within the project site that is proposed for development prior to the commencement of proposed development activities in that area. The Division of Historical Resources will be notified immediately if evidence is found to suggest that further archaeological or historical resources exist on the project site. Collier County will work with Corbett Torrence and Theresa Schober of the Mountd House on Ft. Myers Beach to coordinate with the Division of Historical Resources on the protection and management of any further archaeological and historical resources. The collection of artifacts or the disturbance of archaeological and historic sites on the project site will be prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. The management of the archaeological and historical resources on the project site will. comply with the provisions of Chapter 267, Florida Statutes specifically Sections 267.2(a) and(b). VII. Education Signs and Programs Parks and Recreation will partner with the Collier County Environmental Services Department to develop educational signage for the shoreline area that addresses environmental concerns such as the importance of estuarine systems, and manatees and other listed species. Parks and Recreation will also develop educational signage related to the history of the area for installation in the "Cracker Homestead" area and signage related to the area's prehistory, history, and natural history for the Mar-Good Interpretive Center. A. Education Programs The Senior Park Naturalist will develop natural history programs that will be presented at least twice monthly by Park Rangers on the project site. Programs will continue to be developed according to park visitor trends and needs. These educational programs will target residents and visitors. In addition, the Park Ranger To Go Menu of programs for school children that meet Florida Sunshine State Standards will be presented on site. Presentation of regularly scheduled programs will begin when the park opens to the public. B. Museum and Nature Center The Mar-Good building, an existing historic structure on site, is thought to be Collier County's first movie theater. This building, which currently serves the 13 Packet Page -895- 2/9/2016 16.H.3. Mar-Good RV Resort as a restaurant, store, and museum of artifacts the landowner found on site, will be restored and developed into a staffed interpretive center. Changing exhibits and programming will cover the area's prehistory, history, and natural environment. Parks and Recreation will update FCT on the various educational activities conducted on the project site in its annual stewardship report. Any revenues collected through educational programs will be placed in a segregated account and will only be used for the upkeep and maintenance of the project site. These revenues will be reported to FCT in the annual stewardship report. VIII. Coordinated Management Acquisition of the project site will serve to help protect ecological resources that are shared by the adjacent estuarine waters. The County will coordinate management and restoration activities with those project site areas under the jurisdiction of the State Department of Environmental Protection office at Rookery Bay National Estuarine Research Reserve and the US Fish and Wildlife Service. The Goodland Harbor Park Management Plan will be available for public comment from adjacent land managers, Goodland citizens, and the Parks and Recreation Advisory Board in September 2005. IX. Management Needs A. Maintenance Collier County Park Rangers and Beach and Water Maintenance personnel are responsible for the day-to-day maintenance activities such as clean-.up, waste removal, and general landscape maintenance. One Source, a maintenance company contracted with Collier County, is responsible for the day-to-day maintenance activities such as cleaning rest rooms, offices, and public buildings. Collier County Facilities Management will be responsible for minor repairs and general building maintenance on the project site. Collier County Environmental Services Department will maintain the exotic plant removal and monitoring program. Park Ranger curatorial staff will maintain the Mar-good Interpretive Center. B. Security Collier County Park Rangers have the primary responsibility for the security of the project site. Security is conducted in accordance with the Parks and Recreation Department Security and Protection Plan, in partnership with the �-, Collier County Sheriff's Office when deemed necessary. 14 Packet Page -896- 2/9/2016 16.H.3. The Mar-good Interpretive Center will be outfitted with the necessary alarm/security systems. C. Staffing Park Ranger curatorial staff will manage the Mar-good Interpretive Center. Park rangers, supplemented by volunteer staff, will keep the center open for the public and offer interpretive programs. A staffing and programming schedule will be developed during the County budget cycle (begun in April) prior to the opening of the center to the public. X. Cost Estimates and Funding Sources The following costs are estimated for proposed improvements to the project site: Preconstruction Activities Archeological Assessment $ 50,000 Rezoning 50,000 Site Development Plan 150,000 Permitting 15,000 Impact Fees 10,000 TOTAL $275,000 Phase I Construction Utilities $ 25,000 Burying Electric Lines 100,000 Site Work 200,000 Shoreline Restoration 200,000 Construction of Docks 150,000 Construction of Parking 100,000 Irrigation 100,000 Landscaping 100,000 Signage 15,000 TOTAL $990,000 Phase II Construction Renovation of Mar-Good Building $500,000 Construction of Rest Rooms 150,000 Construction of Maintenance Building 25,000 Installation of Playground 100,000 Construction of Shelters 235,000 Installations of Recreation Elements 25,000 Restoration of Cottages 160,000 _..._._.. ..__. _._..._._----.....-.------Snetnl.lnfinn_of. iL'tP�El�1].�CS _-.... _ ___.._ _.. _ __ 100,000 Packet Page -897- Site Furnishings 15,000 2/9/2016 16.H.3. Site Furnishings 15,000 TOTAL $1,340,000 Operating Expenses Grounds Maintenance Start-Up $ 10,000 Grounds Maintenance Annual Operating 25,000 Interpretive Center Start-Up 60,000 Interpretive Center Annual Operating 35,000 Annual Personnel Costs 145,000 The funding source for preconstruction activities and Phase I and Phase II of construction is Collier County Unincorporated Community and Regional Park Impact Fees. Grant funding will be sought to supplement County monies. The funding source for ongoing operating expenses will be Collier County Ad Valorem taxes. XI. Priority Schedule The following priority schedule addresses activities outlined in this management plan: Date Activity October 2005 begin archaeological assessment begin rezoning process perform exotic removal November 2005 forward of management plan to FWCC for review December 2005 complete archaeological assessment begin historic structure assessment January 2006 submit annual stewardship report February 2006 begin survey of plant and animal species complete historic structure assessment March 2006 begin assessment of water quality April 2006 complete survey of plant and animal species perform exotics monitoring May 2006 complete assessment of water quality June 2006 July 2006 complete rezoning process begin SDP process August 2006 September 2006 October 2006 perform exotics monitoring November 2006 December 2006 January 2007 submit annual stewardship report February 2007 begin survey of plant and animal species March 2007 April 2007 complete survey of plant and animal species 16 Packet Page-898- 2/9/2016 16.H.3. May 2007 June 2007 July 2007 complete SDP process begin bidding process for Phase I August 2007 September 2007 October 2007 complete bidding process for Phase I begin construction of Phase I perform exotics monitoring November 2007 December 2007 January 2008 submit annual stewardship report February 2008 begin survey of plant and animal species March 2008 April 2008 complete survey of plant and animal species May 2008 June 2008 July 2008 complete construction of Phase I August 2008 September 2008 October 2008 perform exotics monitoring November 2008 December 2008 January 2009 submit annual stewardship report February 2009 begin survey of plant and animal species March 2009 April 2009 complete survey of plant and animal species May 2009 June 2009 July 2009 August 2009 begin bidding of Phase II September 2009 October 2009 complete bidding of Phase II begin construction of Phase II perform exotics monitoring November 2009 December 2009 January 2010 submit annual stewardship report February 2010 March 2010 April 2010 May 2010 June 2010 July 2010 complete construction of Phase II 17 Packet Page-899- 2/9/2016 16.H.3. August 2010 September 2010 XII. Monitoring and Scheduling Collier County Parks and Recreation will prepare an Annual Stewardship Report, due to FCT, on. January 30 of each year. The report will evaluate the implementation of the Management Plan. 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F I F ■ F F I i 17,400 Feet 0 4,350 8,700 Packet Page -902- 2/9/2016 16.H.3. 1999 Invasive Plant List 7etyteceet Exotic Pest Plant Council's 1999 List of Florida's Most Invasive Species Purpose: To focus attention on: 1. The impacts exotic pest plants have on native bio-diversity in Florida ecosystems. 2. The impact of exotic pest plants on the integrity of native plant community functions. 3. Habitat losses due to exotic plant infestations. 4. The impacts of exotic plants on endangered species via habitat loss and alteration (e.g., Cape Sable seaside sparrow). 5. The need to prevent such losses by comprehensive management for exotic pest plants. 6. The socioeconomic impacts of exotic pest plants (e.g.,increased wildfires in Melaleuca). 7. Changes in the seriousness of different exotic pest plants over time. 8. The need to provide information that will help managers set priorities for management. Definitions: Exotic—a non-indigenous species, or one introduced to this state, either purposefully or accidentally. A naturalized exotic, such as those listed here,has escaped into the wild where it reproduces on its own either sexually or asexually.Native-a species already occurring in Florida at the time of European contact (1500). Invasive— a variable condition defined by the category to which the species is assigned. Abbreviations used: for"Government listed":P=Prohibited by Fla.Dept.of Environmental Protection,N=Noxious weed as listed by Fla.Dept. of Agriculture&Consumer Services and/or U.S.Department of Agriculture. For information on distributions within Florida,see:http://www.usf.edu/-isb/projects/atlas/mapindex.html For other information: Langeland,K. A. and K.Craddock Burks(editors). 1999.Identification&Biology of Non-native Plants in Florida's Natural Areas.., Production is supported by 14 federal and private agencies,including Florida EPPC. Category I-Species that are invading and disrupting native plant communities in Florida. This definition does not rely on the economic severity or geographic range of the problem, but on the documented ecological damage caused. Scientific Name Common Name FLEPPC Government # Rank Listed Abrus precatorius rosary pea I Acacia auriculi formis earleaf acacia I Albiziaa julibrissin mimosa, silk tree I Albizia lebbeck woman's tongue I Ardisia crenata (=A. coral ardisia 1 crenulata ) Ardisia elliptica (=A. shoebutton ardisia I humilis) Packet Page -903- 1999 Invasive Plant List 2/9/2016 16.H.3. �-o Asparagus densi}lorus asparagus-fern I Bauhinia variegata orchid tree I . Bischofia javanica bischofia I Calophyllum antillanum Santa maria (names "mast I (=C.calaba; C. wood," "Alexandrian inophyllunt, often laurel" used in cultivation) misapplied in cultivation) Casuarina equisetifolia Australian pine I P Casuarina glauca suckering Australian pine I P Cestrum diurnum day jessamine I Cinnamomum camphora camphor-tree I Colocasia esculenta wild taro I Colubrina asiatica lather leaf I Cupaniopsis carrotwood I N anacardioides Dioscorea alata wingee___d am I N Dioscorea bulbifera air-potato I N • Eichhornia crassipes water-hyacinth I P Eugenia uniflora Surinam cherry I Ficus microcarpa (F. laurel fig I ^, nitida andF. retusa var. nitida misapplied) Hydrilla verticillata hydrilla I P,N Hygrophila polysperma green hygro I P, N Hvmenachne West Indian marsh grass I amplexicaulis Imperata cylindrica coon grass I N (bnperata brasiliensis misapplied) Ipomoea aquatica waterspinach I P,N Jasminum dich.otomum Gold Coast jasmine I Jasminum fluminense Brazilian jasmine I Lantana camara lantana, shrub verbena I Ligustrum sinense Chinese privet, hedge I privet • Lonicera japonica Japanese honeysuckle I Lygodiwn japo iicum Japanese climbing fern I N Lvgodium microphwllum Old World climbing fern I N Macfadyena unguis-cati cat's claw vine I Melaleuca melaleuca, paper bark I P,N quinquenervia Melia azedarach Chinaberry I Mimosa pigra catclaw mimosa I P,N • • Packet Page -904- -.--.---- 1999 Invasive Plant List 2/9/2016 16.H.3. Nandina domestica nandina, heavenly I bamboo r` Nephrolepis cordifolia sword fern I Nephrolepis multiflora Asian sword fern I Nevraudi.a revnaudiana Burma reed: cane grass I N Paederia cruddasiana sewer vine, onion vine I N Paederia foetida skunk vine I N Panicum repens torpedo grass I Pennisetum purpureum. Napier 3rass I Pistia stratiotes water lettuce I P Psidiuln cattleianum strawberry guava I (=P. littorale) Psidiufn guajava' guava I Pueraria montana (=P. kudzu I N lobata) Rhodoniyrtus tomentosa downy rose-myrtle I N Rhoeo spathacea_(=R. oyster plant I discolor: Tradescantia spathacea) Sapium sebiferum popcorn tree, Chinese I N tallow tree Scaevola sericea scaevola, half-flower, I (=Scaevola taccada var. beach naupaka sericea, S. frutescens) Schefflera actinophylla schefflera, Queensland I (=Brassaia umbrella tree actinophylla) Schinus terebinthifolius Brazilian pepper I P, N • Senna pendula (=Cassia climbing cassia, I coluteoides) Christmas cassia, Christmas senna Solanum tarnpicense wetland night shade, I N (=S. houstonii) aquatic soda apple Solanum torvuni susumber,turkey berry I N Solanum viarum tropical soda apple I N Syzygium cumini jambolan,Java plum I Tectaria irlcisa incised halberd fern I Thespesia populnea seaside mahoe I Tradescantia white-flowered wandering I /luntinensis jew Urochloa nuttica ( = Paraa grass I Brachiaria mutiCq otential.to disrupt native plant coIIl'tanitle5. These species may becuirac- ,a, i«a<.., es thath�tUesllownnp .�Spe�l Packet Page-905- 1999 Invasive Plant List 2/9/2016 16.H.3. Category I, but have not yet demonstrated disruption of natural Florida communities. i'o Scientific Name Common Name FLEPPC Government Rank Listed Adenanthera pavonina red sandalwood II Agave sisalana sisal hemp II Aleurites fordii tuna oil tree II ■ Alstonia niacrophylla devil-tree II I Alternanthera alligator weed II P philoxeroides Anredera leptostachya Madeira vine II Antigonon leptopus coral vine II _ Aristolochia littoralis calico flower II Asystasia gangetica Ganges primrose II Begonia cucullata begonia II Broussonetia papyrifera paper mulberry II Callisia fragrans inch plant, spironema II Casuarina Australian pine II P (""1 cunninghaniiana • Cereus undatus. night-blooming cereus II (=Hylocereus undatus) Clerodendrum bungei strong-scented glorybower II Cryptostegia rubber vine II nzadagascariensis Cyperus alternifolius (=C. umbrella plant II involucratus) Cyperus prolifer dwarf papyrus II Dalbergia sissoo Indian rosewood, sissoo II Eleagnus pungens thorny eleagnus II Enterolobium ear-pod tree II contortisilquum Epipremnum pinnatum pothos II cv. Aureum Ficus altissima false banyan II Fiacourtia indica governor's plum II ` Flueggea vi.rosa. Chinese waterberry II Hibiscus tiliaceus mahoe, sea hibiscus II Hiptage benghalensis hiptage II Jasniinum sambac Arabian jasmine II Koelreuteria elegans • golden rain tree II II II .. .. , ,r, . , , Packet Page-906- ^,. ^- 1999 Invasive Plant List 2/9/2016 16.H.3. ILeucaena leucocephala II lead tree II II Ligustrum lucidum glossy privet II Livistona chinensis Chinese fan palm II Melinis minutiflora molasses grass II Merremia tuberosa wood-rose II Murraya paniculata orange-jessamine II Myriophyllum spicatum Eurasian water-milfoil II P Ochrosia parviflora (=0. kopsia II elliptica) Oeceoclades maculata ground orchid II Passiflora biflora twin-flowered passion vine II Passiflora foetida stinking passion-flower II Phoenix reclinata Senegal date palm II Phyllostachys aurea golden bamboo II Pteris vittata Chinese brake II Ptychospenna elegans solitary palm II Rhynchelytrum repens Natal grass II Ricinus communis castor bean II Ruellia brittoniana (=R. Mexican petunia II tweediana) Sansevieria hyacinthoides bowstring hemp (=S. trifasciata) Sesbania punicea purple sesban,rattlebox II Solanum diphyllum twinleaf nightshade II Solanum jamaicense Jamiaca nightshade II Syngonium podophyllum arrowhead vine II Syzygium jambos rose-apple II Tenninalia catappa tropical almond - II Tribulus cistoides puncture vine, burnut II Triphasia trifoliata lime berry II Urena lobata Caesar's weed II Wedelia trilobata wedelia II Wisteria sinensis Chinese wisteria II Xanthosoina sagittifolium malanga, elephant ear II • Citation example: Florida Exotic Pest Plant Council.FLEPPC 1999 List of Florida's Most Invasive Species.Internet:http:// www.fleppc.org/99list.htm The 1999 list was prepared by the FLEPPC, Exotic Pest Plant List Committee: Daniel F.Austin(CO-CHAIR) Department of Biological.Sciences Packet Page -907- 1999 Invasive Plant List 2/9/2016 16.H.3. Florida Atlantic University Boca Raton,FL 33431 Kathy Craddock Burks(CO-CHAIR) Invasive Plant Management Florida Department of Environmental Protection 3915 Commonwealth Blvd.,MS 710 Tallahassee,FL 32399 Nancy Coile Florida Department of Agriculture and Consumer Services Div.of Plant Industry P.O.Box 147100 Gainesville,FL 32614 James Duquesnel Florida Park Service Florida Department of Environmental Protection P.O.Box 487,Key Largo,FL 33037 David Hall Consulting botanist 6241 N.W.23rd St. Gainesville,FL 32653 Ken Langeland Center for Aquatic and Invasive Plants,IFAS, University of Florida ■••"*•■ 7922 N.W.71st St.,Gainesville,FL 32606 Joe Maguire Department of Natural Areas Management Miami-Dade County 111 N.W. 1st St.,Ste. 1310,Miami,FL 33128 Mark McMahon Restoration consultant 6110 S.W.55th Ct Davie, FL 33314 Robert Pemberton Agricultural Research Station,U.S.Department of Agriculture 2305 College Ave. Ft.Lauderdale,FL 33314 Daniel B.Ward Department of Botany • 220 Bartram Hall,University of Florida Gainesville,FL 32611 Richard P.Wunderlin Department of Biological Sciences 1 University of South Florida Tampa.FL 33620 , . 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FCT Contract Number Of-CT- lc- ,4i - S'Z FLORIDA COMMUNITIES TRUST 04-042-FF4 GOODLAND HARBOR PARK CSFA# 52002 GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a non-regulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNTY,a local government of the State of Florida("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, 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 the provisions of Sections 259.105, 259.1051 and Chapter 380,Part III, Florida Statutes; . WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non-regulatory agency within the Department of Community Affairs ("Department") which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving /1 natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other • revenue source designated by the Florida Legislature to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K-7, Florida Administrative Code ("F.A.C.") sets forth the • procedures for the evaluation and selection of lands proposed for acquisition and Rule Chapter 9K-8,F.A.C. sets forth the acquisition procedures; WHEREAS, on September 1, 2004 the FCT Governing Board scored, ranked and selected projects to receive approval for funding; 04-042-FF4 October 21,2004 Reimbursement -1- • Packet Page-911- 2/9/2016 16.H.3. WHEREAS,the Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule Chapter 9K-7, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K-7.009(1), F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, Rule 9K-7.003(5) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of Match,provided that the real property is acquired by the Recipient within 18 months after the application deadline for which the application was made.The date of this application deadline was MAY 5,2004; WHEREAS,the Recipient will acquire fee simple title to the entire Project Site prior to ,; oL',: (Insert date[s]) from MA„_, i z{' ' 1-11)1,71,!: 1,- . (Insert name[s]); WHEREAS, the Recipient will request disbursement of FCT Florida Forever Bond proceeds, subsequent to acquiring the Project Site, for the reimbursement of Project Costs expended by the Recipient for the acquisition of the Project Site; and WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to reimbursing the • P"1 Recipient for Project Costs. • NOW THEREFORE, FCT and the Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon the Recipient's project being selected for . funding and shall end JUNE 1, 2005 ("Expiration Date"), unless•extended as set forth below or unless terminated earlier in accordance with the provisions of Article XIII of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension shall fully • explain the reason for the delay and why the extension is necessary and shall be provided to FCT in accordance with paragraph V.1. prior to the Expiration Date. If the Recipient does not request an extension, or if a requested extension is not granted by FCT, the Recipient's award shall be rescinded and this Agreement shall terminate. 04-042-F F4 October 21,2004 Reimbursement -2- Packet Page -912- 2/9/2016 16.H.3. IL MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. DEADLINES 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 NOVEMBER 72, 2004. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or resources to other recipients that respond timely or the termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Costs may be reimbursed in an expeditious manner. 4. The Recipient shall provide a monthly status report to FCT of its progress towards reimbursement of the Project Costs. 5. The Recipient shall provide the appraisal(s)required by 9K-8.007, F.A.C. to FCT for review by a date not to exceed ninety (90) days after the Recipient's project is selected for funding. The appraisals shall be reviewed and, upon approval, the Maximum Approved Purchase Price ("MAPP"), as provided in Rule 9K-8.007(5)and (6),F.A.C., shall be determined. IV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient ("FCT Award") will in no event exceed the lesser of Seventy Five Percent(75%) of the final Project Costs, as defined in Rule 9K-7.002(29), F.A.C., or One Million Nine Hundred Five Thousand Dollars And Zero Cents ($1,905,000.00), unless FCT approves a different amount after determination of the MAPP,which shall be reflected in an addendum to this Agreement. The FCT Award is based on the Recipient's estimate of final Project Costs in its application, as well as the Limitation of Award provided in Rule 9K-7.003(3), F.A.C. and advertised in the 04-0424T4 October 21,2004 Reimbursement Packet Page -913- 2/9/2016 16.H.3. Notice of Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K-7.002(29), F.A.C. FCT shall participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph. 2. The FCT Governing Board selected the Recipient's application for funding in order to acquire the entire Project Site identified in the application. FCT reserves the right to withdraw or adjust the.FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K-7.010, F.A.C. If the Project Site is comprised of multiple parcels and multiple owners, an Acquisition Plan, as defined in 9K-7.002(2), F.A.C., was required in the application. FCT reserves the right to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project Site identified in the Acquisition Plan cannot be acquired. 3. The FCT Award shall be delivered either in the form of Project Costs prepaid by • FCT to vendors or in the form of a State of Florida warrant to the Recipient. The FCT Award shall only be delivered after FCT approval of the Project Plan and Project Site acquisition terms. FCT shall prepare a grant reconciliation statement prior to the reimbursement that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9K-7.002(22), F.A.C. If the value of Pre-acquired land, as defined by Rule 9K-7.002(28), or donated land is the source of the Match, the MAPP shall determine the value of the Match. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, if any is required. 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a governmentally derived higher Project Site land value due to an enhanced highest and best use, this Agreement shall be terminated unless the Recipient agrees that the appraisal(s) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FCT's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216, FIa. Stat. or the Florida Constitution. 04-042-FF4 October 21,2004 Reimbursement -4- Packet Page -914- 2/9/2016 16.H.3. V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class,certified mail,return receipt requested,to: Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee,FL 32399-2100 2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: Im?AA( . ! r:>>:,f w cry iti.r.1 Title: ( :;>��:,sa�i t>Imo, ; t�t e? Address: �i?V 11t'1`` �� !iit��! Wit/F_4, • 1�•�it 1,��CY47rfAt ' ✓ I/tJ�i 1n Ji n ! /) 37:L1l1 )r�.VlTa. saVI!e?•4 nlv;-1 '4�D'`'fesI PL 14 Ko Phone: 7 3 . 34 • v`t '-{ Fax: 235, . i)02 E-mail: ativ\a4A&ul,:.Ii!y�, { Ca�iI e v, DV V.Q $ 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including, but not limited to, the Grant Contract or any addenda thereto, grant reconciliation statement, statements submitted as a part of the Project Plan and Declaration of Restrictive Covenants. Name: m [! • c # r Title: __tn.7e,�rssv', t`trOt Ae; I`;>r ,>t� Address: 33O r . rite,a.; f ,r-g., r r\( tom I f r Phone: „ • •r r'; • 7,=4.(.:..)g: Fax: i! 4-1) Email: by°<R-1;.: vi s .iit;,s,LL, • "-r.C)! en`,?... 04-042-FF4 October 21,2004 Reimbursement -5- Packet Page -915- 2/9/2016 16.H.3. 4. In the event that different representatives or addresses are designated for either paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above. 5. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s)is 1- ;;; ;u� Vi PROJECT PLAN N A PD VAT . PRE-CLOSING REQUIREMENTS 1. Prior to the final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Project Plan that complies with Rule 9K-8.011, F.A.C. The Project Plan shall not be considered by FCT unless it is organized with a table of contents and includes all of the following documents to ensure that the interest of the State of Florida will be protected: a. Closing documents associated with the parcel(s): (1) A copy of the Purchase Agreement(s) for sale andurchase of the parcel(s)between Recipient and f fA +` 1-1)1 c� .. f r s,,o4 ' (Insert name[s] of Seller[s]). (2) A copy of closing statements from Buyer(s) and Seller(s).for the purchase of the parcel(s). (3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel(s) to the Recipient. (4) Certified survey(s) of the parcel(s) that meets the requirements of Rule 9K-8.006, F.A.C., and is dated within ninety (90) days of the date of acquisition of the parcel(s) by Recipient. (5) A copy of the title insurance policy(s) evidencing marketable title in Recipient to the parcel(s) and effective the date of acquisition of the parcel(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by Recipient, and all documents referenced in the title policy(s). (6) Environmental site assessment(s) of the parcel(s) certified to the Recipient, which meets the standards and requirements of ASTM Practice E 1527, and with a date of certification within ninety (90) days of the date of acquisition of the parcel(s) by Recipient, together with the statement required by Rule 9K-8.012(4),F.A.C. 04-042-FF4 October 21,2004 Reimbursement -6- Packet Page-916- 2/9/2016 16.H.3. b. A letter from FCT indicating approval of the Management Plan written in accordance with Rule 9K-7.011, F.A.C. and as described in Article VII below. c. A statement of the Project Costs. d. A statement of the amount of the award being requested from FCT. e. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. g. A signed statement by the Recipient that all activities under this Agreement comply will all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. h. Additional documentation as may be.requested by FCT to provide Reasonable Assurance, as set forth in paragraph VII.4.below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves the Project Plan containing a copy of the document(s)vesting title to the Project Site in the Recipient. 3. All real property shall be obtained through a Voluntarily-Negotiated Transaction, as defined in Rule 9K-7.002(41). The use of or threat of condemnation is not considered a Voluntarily-Negotiated Transaction. 4. All invoices for Project Costs, with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5. The Recipient may, and is strongly encouraged to, request a courtesy review of its Project Plan prior to its submission for approval. 6. Reimbursement for Project Costs shall not occur until after FCT approval of the Project Plan. VII. MANAGEMENT PLAN;ANNUAL STEWARDSHIP REPORT 1. Prior to approval of the Project Plan and final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 04-042-FF4 October 21,2004 Reimbursement -7- Packet Page -917- 2/9/2016 16.H.3. 9K-7.011, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X, and XI herein. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement. The Management Plan shall include the following: a. An introduction containing the project name, location and other background information relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the application and a prioritized list of management objectives. c. The identification of known natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics d. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. e. A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. • P"'\ f. A scaled site plan drawing showing the project site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. h. A description of proposed educational displays and programs to be offered, if applicable. i. A description of how the management will be coordinated with other agencies and public lands, if applicable. j. A schedule for implementing the development and management activities of the Management Plan. • k. Cost estimates and funding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing 04-042-F F4 October 21,2004 is Reimbursement • -8- Packet Page -918- 2/9/2016 16.H.3. 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 the identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient shall 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. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, Fla. Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K- 7.002(32), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, FCT may require the Recipient to do one, or more, of the following: post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; establish an endowment or other fund in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Recipient is unable to, and may require the Local Government to be a named co-signer on the Declaration of Restrictive Covenants; or provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 6. 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 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. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VIII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan 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 commitments made in the application 04-042-FF4 October 21,2004 Reimbursement -9- Packet Page -919- . 2/9/2016 16.H.3. that received scoring points or observations made by FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.: 1. Two or more resource-based outdoor recreational facilities including a fishing/observation platform, canoe/kayak launch, and picnic pavilions, and two or more user- oriented outdoor recreational facilities including a playground and volleyball courts shall be provided. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. • 2. A permanent recognition sign, a minimum size of 4' x 6', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Florida Forever Program and Collier County. 3. At least 24 regularly scheduled and ongoing educational classes or programs that promote the protection of natural, historic and cultural resources shall be provided at the project site. 4. Interpretive signage shall be provided to educate visitors about the natural resources and unique history of the project site. 5. A staffed nature center shall be developed on the project site to provide year round education programming concerning the natural environment or history of the area. 6. The water quality of Goodland Bay shall be protected and the natural hydrology of the project site shall be restored to a more natural function and shall include the restoration of areas impacted by boat docks. The docks will be removed and only non-motorized vessels will be allowed access to the shoreline. The development of the restoration plan shall be coordinated with the South Florida Water Management District. 7. A comprehensive landscaping plan will be developed for the project site. The landscaping plan will make significant use of native plants. 8. The boat docks shall be removed, and the shoreline will be revegetated with appropriate wetland plants to create a functioning natural shoreline in terms of biological composition and ecological function. 9. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. • 04-042-FF4 October 21,2004 Reimbursement -10- Packet Page -920- • 2/9/2016 16.H.3. 10. A feral animal removal program shall be developed and implemented for dogs, cats, ducks, and other non-native wildlife that may be found on the project site. 11. Management of the estuarine resources on the project site shall be coordinated with the Florida Department of Environmental Protection's Rookery Bay Office and the U.S. Fish and Wildlife Service. 12. Any proposed stormwater facility for the project site shall be designed to provide recreation open space or wildlife habitat. 13. An archaeological survey shall be conducted to determine the integrity and extent of the shell midden that exists on the project site, and a professional survey of the historic structures shall be conducted to determine the integrity and extent of the historical features. The results of these surveys shall be reviewed in conjunction with the Division of Historic Resources to develop an appropriate protection plan for the archaeological and historic resources on the project site. 14. Pedestrian and bicycle access to the project site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the project site with adjacent residential neighborhoods. 15. The development and management of the project site shall be coordinated with the agencies managing conservation lands in the Goodland Bay Waterway Trail and the Blackwater River/Royal Palm Hammock Canoe Trail corridor, to ensure the project site is protected and managed as part of a linked conservation lands and recreation opportunities. 16. Proposed site improvements shall be designed and located to minimize or eliminate the long-term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 17. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III,FLA. STAT. 1. Each parcel in the Project Site to which the Recipient acquires title shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, Fla. Stat.; Section 11(e), Article VII of the Florida 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. The Declaration of Restrictive Covenants shall 04-042-FF4 October 21,200E Reimbursement • Packet Page -921- 2/9/2016 16.H.3. contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees"), or a nonprofit environmental organization or government entity, upon failure to comply with any of the covenants and restrictions, as further described in paragraph 3.below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of reimbursement of Project Costs and shall be recorded by the Recipient in the county(s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame,the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the • Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission,the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e),Fla. Stat. A. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITI®N OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. • 2 If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 04-042-F F4 October 21.2004 Reimbursement -12- Packet Page -922- 2/9/2016 16.H.3. 3. Following the reimbursement of Project Costs, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the reimbursement of Project Costs. 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. The Project Site shall permanently contain one sign, provided by FCT, recognizing FCT's role in the acquisition of the Project Site. The cost of shipping the sign shall be deducted from the FCT Award, as reflected on the grant reconciliation statement. For a Project Site where the FCT Award is divided into more than one closing, the cost of the sign • shall be deducted from the grant reconciliation statement containing the first parcel to close. The sign shall be displayed at the Project Site within ninety(90) days of the final disbursement of the FCT award. A photograph of the sign installed at the Project Site shall be provided to FCT within the same ninety(90) day timeframe. XL OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for finding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever 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. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," 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 these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site by a non-governmental person or organization; 04-042-FF4 October 21.2004 Reimbursement -13- Packet Page-923- 2/9/2016 16.H.3. ("I\ c. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; d. any use of the Project Site by a non-governmental 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 for the Project Site with a non-governmental person or organization; or g such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V.1., at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity,FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT 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 CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. XII. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall 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. These records shall be available at all reasonable 04-042-FF4 October 21,2004 Reimbursement /Th -14- Packet Page -924- 2/9/2016 16.H.3. times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m.,local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of$500,000 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 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. 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, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. (formerly d.) 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring i agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 and 04-042-FF4 October 21,2004 Reimbursement -15- • Packet Page-925- 2/9/2016 16.H.3. Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building I 1 1 West Madison Street Tallahassee, Florida 32302-1450 5. If the audit shows that any portion of the funds disbursed hereunder 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 the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five 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 five-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 Section 215.97, Fla.Stat. performed by an independent certified public accountant ("IPA") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. XIII. DEFAULT; REMEDIES; TERMINATION 1. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ("Events of Default"), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: a. If any warrant or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has 04-042-FF4 October 21,2004 Reimbursement -16- Packet Page -926- • 2/9/2016 16.H.3. not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; • b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty(30) days from the date written notice is sent to the Recipient by FCT; c. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information. d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement,provided the Recipient is given at least thirty '1 (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail,first class mail,postage prepaid, by registered or certified mail-return receipt requested,to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of the FCT Award; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; or e. Exercise any other rights or remedies which may be otherwise available under law, including,but not limited to, those described in paragraph IX.3. 04-042-FF4 October 21,2004 Reimbursement -17- • Packet Page -927- 2/9/2016 16.H.3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla.Stat., as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by the Trust, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a),Fla. Stat. 4. FCT may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. } 5. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the project. A request for termination shall be provided to FCT in a manner described in paragraph V.1. XIV. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized,by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XV. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2 No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 04-042-FF4 October 21,2004 Reimbursement -18-. Packet Page -928- 2/9/2016 16.H.3. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. COLLIERNTY FL• . . COM U ►TIES TRUST dor By: `� C-< �-n�� . By: ira.i.m - Print Narhe onr►ct.. `-��t J.nice �.rowning Title:CM �r/�tG3rt ision Director of Housing & omr�,u tv el+pment Date: I V of eAAA.64' 3), ZcO-1 Date: G� i J /' App ro,vvetrb F and Legality-:--2 Approved as to Form and Legality: y ` By: Print 3�lanie..� «ff ._• %.c....Kelly A. Martinson Trust Counsel ATTEST! ;DWI4T E.: 9R ", CLERK j Dtpu . arr:, item# 1. 04-ti4 -FF? Agenda t t ^ October 21.2004 Date ko � ,' Reimbursement Date -19- Recd L) Jr Deputy Cler \ Packet Page -929- .._._...__ ..--,-na,. _ .._• 71,:tr.: (,,,,:-7,""'.Mw fi v'''''' � \_\\. ---\\C"- ° q \ \16,4111. .�_ \ --DOUR E DNPSWR FNa mr FTNI `- \ \ \ { — —\ M"6 \gWSngarpy 74:X '' war ••" \I rI- ©16.161616,.. °t`` "\\ \`K. __� \ v I +ma I p �a P,m �, m®� 4. "e \ CU ty \R1 /�N JI0— 1 I ° ' \� w w \ 7416.... 11 I I gr,' �: _ ] Y -' _( \ _ W I I v 1 Ig N" 6p Las" I r.4 .a 1p I JJi1L11 ---L± � a " Q v kl r 1;°, d' «w.� _ _' s e�---+ m ...auto.._. ;ii C"" _L. L m — — —F �r—— \_ n --- — _— _ , — � I1 N O I 1 N I O_ I 0) u..mn..w.w ww. 161616 0) 'Tr."MARCOOD HARBOR PARK '''''''..r: ', c G RADY MIN OR&ASSO ACIT SS PA. ASS I . — . .n SITE PLAN 1616. w"w" .w. ID ..me,. a i... w °.w,www w"' ...+:1.16.....161616 I �I wsei " m ",16gw„ � , ,.-� wwwuMOniMORCON r4.112.1%144:.' u rmnai 1O'' &gn 6 a ° W INSTR 4540148 OR 4663 PG 3140 RECORDED 3/23/2011 3:18 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 2/9/2016 16.H.3. DOC @.70 $0.70 REC $27.00 CONS $0.00 Project: MARGOOD HARBOR PARK Folio No.01057080001 Project 800241 GRANT OF UTILITY EASEMENT WHEREAS, Collier County, a political subdivision of the State of Florida, as Grantor, has acquired the property,as identified on Exhibit"A"attached(the"Property"),with partial funding from the Florida Communities Trust (FCT), and the Property is subject to certain limitations provided in the FCT Grant Award Agreement a/k/a the Declaration of Restrictive Covenants(as recorded in OR Book 3991,Page 1737 in Collier County)(the"Agreement,")and WHEREAS, as part and condition of the FCT funding, the County provided and FCT approved a Management Plan for the project site,and together with the Agreement,the terms of which are hereby incorporated herein by reference;and WHEREAS, Grantor intends that the conservation and recreation values of the Property be preserved and enhanced in accordance with the Management Plan, as it may be amended from time to time only after review and approval by FCT;and WHEREAS,all activities by th- r r t rVin fii pA'a LORIDA,INC.,d/b/a CENTURYLINK,a Florida corporation,and COMC•• 0- )RICA I •UISIANA/MINNESOTA/MISSISSIPPI/ TENNESSEE,INC.,a Delaware corp�rr on,their successo • •ssigns,collectively as Grantee, shall be consistent with the Agfee 7 ettrt-en he Mana eme PI ,, ,- _t NOW THEREFORE,this'nde�i - •d n # 44day of Mara ,2011, by and between COLLIER CfOU a7•ol'ic1l f •• h- St to of Florida,whose mailing address is 3301 Tamaimi Tr it E•st, N.•le, L 1 , he i aft- rferred to as GRANTOR, and EMBARQ FLORIDA,INC.,d/b «r iv L'N F co • • •n, hose mailing address is 5454 W. 110th St.Mailstop:KSOPK OyAr-RETA, Overland P ,KS 66 , is successors,assigns,lessees, licensees and agents, a OMCAST OF I RIDA/LOUISIANA/MINNESOTA/ MISSISSIPPI/TENNESSEE,INC.,a a are corporation, -spa ling address is 12641 Corporate Lakes Drive, Fort Myers, Florida 3 its successors • 'gp , lessees, licensees and agents, hereinafter collectively referred to .� �� WITN SSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,receipt of which is hereby acknowledged,the GRANTOR hereby grants to GRANTEE, its successors or assigns, a non-exclusive easement for the installation of utility facilities on the property more particularly described on Exhibit"A"attached hereto and made a part hereof,hereinafter referred to as Easement Property. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE,its successors or assigns, for the sole purpose to install, construct, operate, maintain, expand, replace and remove underground cables and related facilities or structures as are reasonably necessary. GRANTEE,by acceptance of this easement agrees for itself,its successors,assigns,lessees, licensees and agents,to maintain said easement and in no way to interfere with or hinder at any time access to the Easement Property or adjacent lands by GRANTOR, the general public, or any other party requiring access to any of the property over which said easement is granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to any construction,installation,maintenance or repair work performed by GRANTEE,or its contractors,successors,assigns,lessees,licensees and agents. In the event GRANTEE,its successors,assigns,lessees,licensees and agents,shall fail to use this easement for the purpose of providing data transmission service to the County, this Utility Easement shall automatically terminate and the GRANTEE, its successors, assigns, lessees, licensees and agents,shall vacate,cancel and annul said easement or relevant part thereof by recording in the Public Records an instrument evidencing said cancellation. GRANTOR, its successors or assigns, shall upon said vacation, have the right to require GRANTEE,its successors,assigns,lessees,licensees and agents,to remove any structures,facilities or improvements from Easement property. t Packet Page-931- OR 4663 PG 3141 2/9/2016 16.H.3. GRANTEE hereby covenants and agrees to indemnify, save, protect and hold harmless GRANTOR against any loss,damage,injury,debt or expense(including attomey's fees)claimed or asserted by any person or entity,which claim relates to in any way,no matter how remote,or arises out of GRANTEE'S installation of facilities or use of the Easement Property described above. IN WITNESS WHEREOF,the GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board,the day and year first above written. ATT `; `. •C 'PEI , BOARD OF COUNTY COMMISSIONERS RXdC T E BRbC?TC COLLIER C U TY,FLORIDA (i4c, kS BY: W ,' .; ty Clerk Fred W. Cr` P1 a. Attest, e-Ate Approved as to form and legal sufficiency by: ( -)1/4)i'1/44.2ki, C7,--------C-0 ti Jennife White, Assistant County Attorney 4:11 IC Reviewed and Approved by: � �� f."" ,,-,..\, C\s,,Ken Reecy,Communit Program ,.n er C) Florida Community Trust 0 __,,,.-%� Approved By ?''_ e Board Of County fib C ., Commissioners Collier County Florida, Punsua t To Aaen•1a Date:3J32 it item No: Ito b 2 Packet Page-932- *** OR 4663 PG 3142 *** 2/9/2016 16.H.3. ° °y O 'nO �� °m m m 3 02 n ;�g� Z 9 a o CnT,x2p 2 ,�= s—Z—..�o o g y m ti IC k� a' w 2 � k2 r- r- 2 2 1 Pq p,y YA S T (60'w/OE L''EET ca 2 a° R/GHT-OF-IYAY) ov a o� °aP -_ _ n�`ixyzc"� L+ 111�j — L7 6-3.,-,:v is R 4�, �,- — - a '~2, 2 p m 2acc,�v� �m 0) a I ^ z �22x y ti 2 �. pt bsngza „,,o`a �i?_. ,,, „°,, -I on y o I �, x Z • o�asoC;) gay°v� 'ao y� O � +> ° 1 tiom "� +,2 �+w kj I n w S a ,"�1 X',R„�a a Aim per, 1 Ni N. C CO U .-(rN °bm[0 iibIPi01S✓ nl o"... o g f cc,,qj r .• 0 t 4-<"g 89) ",'''l c; ') --.1 -e,' I V x t • ca`b ci b m� , ,, , c, �, 1 ,c, I° w ycn a Lnw !v n 0," 1 Rl t R 2 p O 1 z °OC Win�, o o �' �t ` y"" O 2� y, 2 �O�COm yO ^a C ��2 O 1 2 ONO l9° y2y ay v N I Op� 2tiZ�� o m� 2 r-.. h woo v 2 J`'aCn'\' a ° o� A "0 2 �� I w2 OCoritC) ^' g 2 ko a -m2 O Z)3 nI Z kr; {� 2% a n '*' asa~C z ►\ �~ % c �$ . ace^ L2 t 2 R� m y c o °a aa^j, c' mm S.-_,') p 2 �p w 0) 111 �,i; 0 2 IA a m m o �� cn ,, O cn L n O a a °C 2 aAa' m nm � � m � �, " �� "A'o �� C m .%c. ,, y R -4 n 2 EXHIBIT 0 rn a o o Pagel._of.�,� o n, u n a - a T 2 W OC, L < h w ° ° a ° Packet Page -933- . 0; -U•r y iu A•C, i U• '161 , JCMGYIJ ICI-J/48-J.U1K, INSTR 4540147 OR 4663 PG 3137 RECORDED 3/23/2011 3:18 PM PAGES 3 DWIGHT 70 70 REC $27.00 E$06CKCLERK THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 2/9/2016 16.H.3. CONS $0.00 /1 Prepared By: Engineering Department Lee County Electric Cooperative,Inc. Post Office Box 3455 N.Ft.Myers,FL 33918-3455 Folio#01057080001,01057120000,46270760008,46270800007 Township 52 South,Range 27 East,Section 18 THIS CORRECTIVE EASEMENT REPLACES THE EASEMENT RECORDED IN OR BOOK 4478,PAGE 2500 IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA IN ITS ENTIRETY. CORRECTIVE EASEMENT WHEREAS,Collier County,a political subdivision of the State of Florida,as Grantor,has acquired the property with partial funding from the Florida Communities Trust(FCT),and the Property as identified on Exhibit"A"attached,is subject to certain limitations provided in the FCT Grant Award Agreement a/k/a the Declaration of Restrictive Covenants(as recorded in OR Book 3991,Page 1737 in Collier County) (the"Agreement,")and WHEREAS,as part and condition of the FCT funding,the County provided and FCT approved a Management Plan for the project site,and together with the Agreement,the terms of which are hereby incorporated herein by reference;and WHEREAS, Grantor intend •f ry AKto) and recreation values of the Property be preserved and en . t-•-inaccordan �Wth e Management Plan,as it may be amended from time to ti f -' y after review and a Aral by FCT;and WHEREAS,all activiti-s the Gr t •nde Cou\ty Electric Cooperative Inc.,a Florida non-profit corpora ion` •- ' .= car s1 enf with the Agreement and Management Plan. C1 U \ KNOW ALL MEN BY ' PRESENTS that C• r C u �, political subdivision of the State of Florida, as Grantor, . •se post office ad es is W.) East Tamiami Trail, Naples, Florida 34112-4902,in consi•-ret1• of the sum of o .b 61r ($1.00) and other valuable considerations,receipt of whit - -.y acknowle•• f•oes hereby grant to Lee County Electric Cooperative,Inc.,a Flori.. nc n P • ' •4,•d • .n,as Grantee, whose post office address is Post Office Box 3455,North e• A:-. crlda 33918-3455,and to its successors and assigns(the term"assigns"meaning any person,firm,or corporation owning by way of assignment all rights under this Agreement or a portion of such rights,with the Grantee or its other assigns retaining and exercising the other rights),a perpetual easement for a right-of- way to be used for the construction, operation, and maintenance of one or more underground electric distribution lines,including,but not limited to,wires,cables,conduits, and equipment associated therewith,attachments and appurtenant equipment for fiber optic telecommunications and television purposes(all of the foregoing hereinafter referred to as"facilities"),over,under,in,on,upon,and across the lands of the Grantor situated in the County of Collier and State of Florida and being more particularly described as follows: SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF together with the right and privilege from time to time to reconstruct,inspect,alter,improve, enlarge,add to,change the voltage,as well as the nature or physical characteristics of, replace,remove,or relocate such facilities or any part of them upon,across,or under the right-of-way described above with all rights and privileges necessary or convenient for the full enjoyment or the use thereof for the purposes described herein,including,but not limited to, the right to trim, spray, cut, and keep clear all trees and undergrowth and other obstructions within said right-of-way and on lands of Grantor adjoining said right-of-way that may interfere with the proper construction,operation,and maintenance of such facilities or any part of them, with the exception of the historical rubber tree which shall remain protected and must remain in place and unaltered,the right to mark the location of any underground facilities by above-ground markers and other suitable markers,and the right of ingress and egress for personnel and equipment of Grantee, its contractors, agents, successors or assigns,over the adjoining lands of the Grantor,for the purpose of exercising Packet Page-934- OR 4663 PG 3138 2/9/2016 16.H.3. and enjoying the rights granted by this easement and any or all of the rights granted hereunder. By the execution and delivery hereof,Grantor so expressly agrees that no portion of the right-of-way shall be obstructed without the prior written permission of the Grantee,or its successors or assigns, and no building, well, structure, or obstruction shall be located, constructed, maintained, or operated under, upon, or across said right-of-way by the Grantor,or the heirs,personal representatives,successors or assigns of Grantor. Grantee shall consult with Grantor prior to installation of facilities to protect resources on site. By the execution hereof, Grantor covenants that it has the right to convey this easement and that the Grantee and its successors and assigns shall have quiet and peaceful possession,use,and enjoyment of this easement and the rights granted hereby. IN WITNESS WHEREOF,the Grantor has executed this Agreement this 49 day of M0 rth , 2011 . att`ITEA', ':v ' BOARD OF COUNTY COMMISSIONERS s 14,0 ' co • O NTY,FLORIDA ar = '� 6'f, • , BY = W. t I r F'r e je airman *Ito, onIa Approved as to form and coy , legal sufficiency by. � Jennifer B.White, 1 �' Assistant County Attorney 1TE CIR Reviewed and Approved by: This Conveyya�nce Approved By The Board Of County Commissioners Collier County Florida, Ken Reecy,Community rogram Manager Pursu,Date:—Iaat T Pi Agenda I _Item No: ((ob j Florida Community Trust Packet Page-935- *** OR 4663 PG 3139 *** 2/9/2016 16.H.3. i o 2 U m Z �-v:o:o� I-- n�AOO � a y a oo , � S W�� O -I n II c�c � `n m r 2y II .0 u I n.. o o. aM a rn�O )N u as�a a°O�e,nn a� o f,:,A � ,~2Z A 2 O ''O� ~2, ‘...,2, O Q mm \n 'I`I _ NaO E�ti as v 0 m•-7---..._. o`.O pp o � .m ° ~V n °^ °ao O O m�1\ W a" oo m o a ` i to O °•i om P 2 . oa 11 r P,,, 0c 1op ~ 2c, co n y mN `z °~2 2o � 2�2°o p a � � o Co 9P42 -.1�c. � Z gin I :ES R tz ; =m>, i m- L9 ti nw 1 s�b(p^� C 2°wZ co 1. .�2 off• xw�w°2 a O O Tn0 to s n g^,n w - '��% tiaomR`� '-.1 1-R o N o 2'+ao ca s`ay•bz�22� p O v v C. 2 m °, 2 O a v' ca'u "2 Z �. z � `g O n ti CAI ni ■� tiNm "i � j „ Zm oo w c, v V m 0 c4f O w o eepp cI ww .-- e,� rn W (To'wk',00 ^, 1'1 a 6 0 p \4 iiirI R ol• o- 4--1-11,rn rh 2 ---1 ..._..____O. §. , r ,,,.. rr,-., Q ,,, ,,, , .,„___.,/ ? „_, -,, T')- - ,i.r, ...., „, --,,,,, ri, . ,___,, ,. r--- ,.... aN � Xf' w m°n ��noS'y - .J cai C Iv I � $ .to `ni Ifi • -J`t2 to "'�o y po oo a2 ~m a °^ m g % -, zm I4) a (al z y -o p^, n y ti,,Q g z o o'a OOy m n °oo c 00 r, 1.- ti Z 0 Z a a ril O • a c n ^ r,a Z 11 O Sh o 2 C) h y .§. OO III N C 0 Zz a o 1] Oil.' q A n 0 r b m O� \ • � o o I� a m my 0 b , o a v o 0w r ° a h a ,Z) N3 11 Z z, o0, -91 *Ni • 0 a 2 a o o....I y z o CZ N 0 y o 2� n a to -n O co t n p m Z I- n n O a O..----.. m I„ --I ^ @ m a m m y m m o i a.° EXHIBIT A n a Page of, o ro II n o L.`1. 'O' 5:\PROJECTS-SURVEY 2008\MARCOOD SURVEY(CCU60)1DIYGIEASEd Packet Page -936- INSTR 4540146 OR 4663 PG 3134 RECORDED 3/23/2011 3:18 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 2/9/2016 16.H.3. DOC @.70 $0.70 REC $27.00 CONS $0.00 rte.. Prepared By: Engineering Department Lee County Electric Cooperative,Inc. Post Office Box 3455 N.Ft.Myers,FL 33918-3455 Folio#01057080001 Township 52 South,Range 27 East,Section 18 THIS CORRECTIVE EASEMENT REPLACES THE EASEMENT RECORDED IN OR BOOK 4478,PAGE 2503 IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA IN ITS ENTIRETY. CORRECTIVE EASEMENT WHEREAS,Collier County,a political subdivision of the State of Florida,as Grantor,has acquired the property with partial funding from the Florida Communities Trust(FCT),and the Property,as identified on Exhibit"A"attached,is subject to certain limitations provided in the FCT Grant Award Agreement a/k/a the Declaration of Restrictive Covenants(as recorded in OR Book 3991,Page 1737 in Collier County) (the"Agreement,")and WHEREAS,as part and condition of the FCT funding,the County provided and FCT approved a Management Plan for the project site,and together with the Agreement,the terms of which are hereby incorporated herein by reference;and WHEREAS, Grantor intends tha -- • - ation and recreation values of the Property be preserved and enhan -cilti 6g• • :.••if the Management Plan,as it may be amended from time to tim- •. a er review a plO�roval by FCT;and WHEREAS,all activiti- by a ra d-e Co ty`yectric Cooperative,Inc.,a Florida non-profit corporation, •s Gran ,shell be•onsist t ith the Agreement and the Management Plan. (") CO 7V , ...---.... KNOW ALL MEN BY I PRESENTS that C. 'er C•u t.,• political subdivision of the State of Florida,as Grantor, ;'kse post office aor';-s is i; +i 7 East Tamiami Trail, Naples, Florida 34112-4902,in consi•-uti n of the sum of o-- •O • ($1.00) and other valuable considerations,receipt of whic y acknowle•o e�[i0 es hereby grant to Lee County Electric Cooperative,Inc.,a Florio hop fi •;•r.. L•nn,,as Grantee, whose post office address is Post Office Box 3455,North ff.M. -. -Ioflda 33918-3455,and to its successors and assigns(the term"assigns"meaning any person,firm,or corporation owning by way of assignment all rights under this Agreement or a portion of such rights,with the Grantee or its other assigns retaining and exercising the other rights),a perpetual easement for a right-of- way to be used for the construction,operation,and maintenance of one or more overhead electric distribution lines,including,but not limited to,wires,poles,cables,conduits,anchors, guys,and equipment associated therewith,attachments and appurtenant equipment for fiber optic telecommunications and television purposes (all of the foregoing hereinafter referred to as"facilities"), over,under, in, on, upon, and across the lands of the Grantor situated in the County of Collier and State of Florida and being more particularly described as follows: SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF together with the right and privilege from time to time to reconstruct,inspect,alter,improve, enlarge,add to,change the voltage,as well as the nature or physical characteristics of, replace,remove,or relocate such facilities or any part of them upon,across,or under the right-of-way described above with all rights and privileges necessary or convenient for the full enjoyment or the use thereof for the purposes described herein,including,but not limited to, the right to trim, spray, cut, and keep clear all trees and undergrowth and other obstructions within said right-of-way and on lands of Grantor adjoining said right-of-way that may interfere with the proper construction,operation,and maintenance of such facilities or any part of them, with the exception of the historical rubber tree which shall remain protected and must remain in place and unaltered,the right to mark the location of any underground facilities by above-ground markers and other suitable markers,and the right of ingress and egress for personnel and equipment of Grantee, its contractors, agents, Packet Page -937- 0 4663 PG 3135 2/9/2016 16.H.3. successors or assigns,over the adjoining lands of the Grantor,for the purpose of exercising and enjoying the rights granted by this easement and any or all of the rights granted hereunder. By the execution and delivery hereof,Grantor so expressly agrees that no portion of the right-of-way shall be obstructed without the prior written permission of the Grantee,or its successors or assigns, and no building, well, structure, or obstruction shall be located, constructed,maintained,or operated over,under,upon,or across said right-of-way by the Grantor,or the heirs,personal representatives,successors or assigns of Grantor. Grantee shall consult with Grantor prior to installation of facilities to protect resources on site. By the execution hereof, Grantor covenants that it has the right to convey this easement and that the Grantee and its successors and assigns shall have quiet and peaceful possession,use,and enjoyment of this easement and the rights granted hereby. IN WITNESS WHEREOF,the Grantor has executed this Agreement this dghd day of cXA-rI , 2011. ATT SF > Rk 'W eF,COUNTY COMMISSIONERS D GI1T &R� K G , \.S' •4%78 NTY,FLORIDA �`e► �f f BY: � �' `"' vl ' tt $5 c , :y3Cterk --".,� t� Al& f hairman S k4 I ■ ( 7,v. Approved as to form and •. legal sufficiency by: . White, .1 `CA)\ Jennifer B.W k C1 Assistant County Attorney Reviewed and Approved by: Ken Reecy,Com nity Program Manager Florida Community Trust This Conveyance Approved Dy The Board Of County Commissioners Collier County Florida, Pursuant o en1a Date:x�aa�l item No: vol) Packet Page -938- *** OR 4663 PG 3136 *** 2/9/2016 16.H.3. 4 o . m Zr-.�� r • 2 m a O�ywoo y q ..as)m .l i� n 0 ynu �u a G-.) o �� a PI A ��Zx Z c O m C0z)2 T v o Z u y o mr o 0R ° ZA. o T a m o O y 22 P , n o o N ` AP RE o � A Yq S T (60'WDE R/G NT- OF-Wo n°y$ °v � �z I � 2 2anae 0 co NI atig�h 2 2 6t,''.. sR gi 22~ <c ti ° • a l ° A ° I T • • r-,-1• V,o2aC�� 7,<�g�a : W V , �m • 'b A I'�<y• O � !tiaT� �'$ � s,s, Y I A N R �$ m0 m'�'�y`'On '�' } �cn o� Q a all RI 1°,L,ryt .. `"° t',s .• W V, f� !'i 11 lil y ///'''�� \e I Z /� CO I AAA t,. T V Cl +I { ,* Ia o�� ! v'� 2('a2o , . N N mc) � o q 1 m �2 �� o my o oho LI CO Let.304 to -i ° 2� �Q� r Z y� as my� � '" ITI Z 0 n 2 o a rn n X 0 Q. � IS O 0 ~ y0� W C) O c� r a g � ° -z- 0, = m 2y z �2 w2� 1 � �c~ ' b L2O�1. CO a — ( a U °1 � �NI y Zm 'c o o � �' 0 o in 0o-1 T o O � c y a o �°psm i o 2�m ° Z � a mnam o a m -5 .c o sn yy o m o o a a o •1. m A V 2 Q2, p 4,4 N ii n a 2 2N EXHIBIT_. ,,._ � f�., �°°nooa `o .1 e l ,,of t S•1PRO✓ECTS-SURVEY 2oc8WMcOOD SURVEY(CCUBOAowGIEAS6 Packet Page -939- 2/9/2016 16.H.3. 1OD FCT Contract Number DUCT-FS'•a y-Fy• Ai -o y2 FLORIDA COMMUNITIES TRUST 04-042-FF4 GOODLAND HARBOR PARK CSFA # 52002 GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a non-regulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNTY,a local government of the State of Florida("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, 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 the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III,Florida Statutes; WHEREAS, Chapter 380, Part III, Ha. Stat., the Florida Communities Trust Act, creates a non-regulatory agency within the Department of Community Affairs ("Department") which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat.of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects,urban open spaces,parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K-7, Florida Administrative Code ("F.A.C.") sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule Chapter 9K-8,F.A.C. sets forth the acquisition procedures; WHEREAS, on September 1, 2004 the FCT Governing Board scored, ranked and selected projects to receive approval for funding; 04-042-FF4 October 21,2004 Reimbursement -1- Packet Page -940- _..____,_ __ 2/9/2016 16.H.3. 10 WHEREAS,the Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule Chapter 9K-7, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K-7.009(1), F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, Rule 9K-7.003(5) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of Match,provided that the real property is acquired by the Recipient within 18 months after the application deadline for which the application was made.The date of this application deadline was MAY 5,2004; WHEREAS,the Recipient will acquire fee simple title to the entire Project Site prior to z,,6-1n_3 i ?..obis (Insert date[s]) from Tint_Trucf (Insert name[s]); WHEREAS, the Recipient will request disbursement of FCT Florida Forever Bond proceeds, subsequent to acquiring the Project Site, for the reimbursement of Project Costs expended by the Recipient for the acquisition of the Project Site;and WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to reimbursing the Recipient for Project Costs. NOW THEREFORE,FCT and the Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon the Recipient's project being selected for funding and shall end JUNE 1, 2005 ("Expiration Date"), unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article XIII of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension shall fully explain the reason for the delay and why the extension is necessary and shall be provided to FCT in accordance with paragraph V.I. prior to the Expiration Date. If the Recipient does not request an extension, or if a requested extension is not granted by FCT, the Recipient's award shall be rescinded and this Agreement shall terminate. 04-042-FF4 October 21,2004 Reimbursement -2- Packet Page -941- 2/9/2016 16.H.3. 10 a II. MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. DEADLINES 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 NOVEMBER 22, 2004. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or resources to other recipients that respond timely or the termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Costs may be reimbursed in an expeditious manner. 4. The Recipient shall provide a monthly status report to FCT of its progress towards reimbursement of the Project Costs. 5. The Recipient shall provide the appraisal(s)required by 9K-8.007, F.A.C. to FCT for review by a date not to exceed ninety (90) days after the Recipient's project is selected for funding. The appraisals shall be reviewed and, upon approval, the Maximum Approved Purchase Price("MAPP"),as provided in Rule 9K-8.007(5)and(6), F.A.C., shall be determined. IV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient ("FCT Award") will in no event exceed the lesser of Seventy Five Percent(75%)of the final Project Costs, as defined in Rule 9K-7.002(29), F.A.C., or One Million Nine Hundred Five Thousand Dollars And Zero Cents ($1,905,000.00), unless FCT approves a different amount after determination of the MAPP, which shall be reflected in an addendum to this Agreement. The FCT Award is based on the Recipient's estimate of final Project Costs in its application, as well as the Limitation of Award provided in Rule 9K-7.003(3), F.A.C. and advertised in the 04-042-FF4 October 21,2004 Reimbursement -3- Packet Page -942- _.-- 2/9/2016 16.H.3. ' V U Notice of Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K-7.002(29), F.A.C. FCT shall participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph. 2. The FCT Governing Board selected the Recipient's application for funding in order to acquire the entire Project Site identified in the application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K-7.010,F.A.C. If the Project Site is comprised of multiple parcels and multiple owners, an Acquisition Plan, as defined in 9K-7.002(2), F.A.C., was required in the application. FCT reserves the right to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project Site identified in the Acquisition Plan cannot be acquired. 3. The FCT Award shall be delivered either in the form of Project Costs prepaid by FCT to vendors or in the form of a State of Florida warrant to the Recipient. The FCT Award shall only be delivered after FCT approval of the Project Plan and Project Site acquisition terms. FCT shall prepare a grant reconciliation statement prior to the reimbursement that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9K-7.002(22), F.A.C. If the value of Pre-acquired land, as defined by Rule 9K-7.002(28), or donated land is the source of the Match, the MAPP shall determine the value of the Match. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, if any is required. 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a governmentally derived higher Project Site land value due to an enhanced highest and best use, this Agreement shall be terminated unless the Recipient agrees that the appraisal(s) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FCT's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216,Fla. Stat. or the Florida Constitution. 04-042-FF4 October 21,2004 Reimbursement -4- Packet Page -943- 2/9/2016 16.H.3. 10 D V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class,certified mail,return receipt requested,to: Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee,FL 32399-2100 2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: Hbv1,�.tnC�� U. f owl cei 6.1 Title: Cpe,v.,7{101/1 S AN alysi Address: (o1Il r C t�! r2j`( ��)v^ •� •, k�?�'.re,?-��or,_ ( )e :?✓4 wvt 71 D .12)1LCi NQT)eS, 1=L -31-1 114° Phone: 231 c; 3 v`l o 1-1 Fax: 2 33 3S-3 I DO2 E-mail: ? ?-1`v��v' 4n,Qeco(let, yY•v�� 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including, but not limited to, the Grant Contract or any addenda thereto, grant reconciliation statement, statements submitted as a part of the Project Plan and Declaration of Restrictive Covenants. Name: Tv vPAr i a -nA `� _11,,) l Title: Lk !rY\ LAtC_. s'.v.-i r"R..', Aol Address: S3O 1 ) 4041 d v,i Trail E 4 NyIes Phone: 2 V i• 7 72-1 • 71-16,g Fax: 2 31. 7 52. Z5 2 5^ Email: 'td∎r( ■r C "7 c�a�l<<�.v�,V.)A-9-4 04-042-FF4 October 21,2004 Reimbursement -5- Packet Page -944- 2/9/2016 16.H.3. 4. In the event that different representatives or addresses are designated for either paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above. 5. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is 59- /„Do055-t� VI. PROJECT PLAN APPROVAL; PRE-CLOSING REQUIREMENTS 1. Prior to the final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Project Plan that complies with Rule 9K-8.011, F.A.C. The Project Plan shall not be considered by FCT unless it is organized with a table of contents and includes all of the following documents to ensure that the interest of the State of Florida will be protected: a. Closing documents associated with the parcel(s): (1) A copy of the Purchase Agreement(s) for sale and, urchase of the parcel(s)between Recipient and Tim -T v i Inc L c L�4.A (Insert name[s] of Seller[s]). (2) A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcel(s). (3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel(s)to the Recipient. (4) Certified survey(s) of the parcel(s) that meets the requirements of Rule 9K-8.006, F.A.C., and is dated within ninety (90) days of the date of acquisition of the parcel(s)by Recipient. (5) A copy of the title insurance policy(s) evidencing marketable title in Recipient to the parcel(s) and effective the date of acquisition of the parcel(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by Recipient, and all documents referenced in the title policy(s). (6) Environmental site assessment(s) of the parcel(s) certified to the Recipient, which meets the standards and requirements of ASTM Practice E 1527, and with a date of certification within ninety (90) days of the date of acquisition of the parcel(s) by Recipient, together with the statement required by Rule 9K-8.012(4),F.A.C. 04-042-FF4 October 21,2004 Reimbursement -6- Packet Page -945- 2/9/2016 16.H.3. ion b. A letter from FCT indicating approval of the Management Plan written in accordance with Rule 9K-7.011, F.A.C. and as described in Article VII below. c. A statement of the Project Costs. d. A statement of the amount of the award being requested from FCT. e. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal,civil or regulatory violations imposed on the Project Site by any governmental agency or body. g. A signed statement by the Recipient that all activities under this Agreement comply will all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. h. Additional documentation as may be requested by FCT to provide Reasonable Assurance,as set forth in paragraph VII.4.below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves the Project Plan containing a copy of the document(s)vesting title to the Project Site in the Recipient. 3. All real property shall be obtained through a Voluntarily-Negotiated Transaction, as defined in Rule 9K-7.002(41). The use of or threat of condemnation is not considered a Voluntarily-Negotiated Transaction. 4. All invoices for Project Costs, with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5. The Recipient may, and is strongly encouraged to,request a courtesy review of its Project Plan prior to its submission for approval. 6. Reimbursement for Project Costs shall not occur until after FCT approval of the Project Plan. VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to approval of the Project Plan and final disbursement of the FCT Award,the Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 04-042-FF4 October 21,2004 Reimbursement -7- Packet Page -946- 2/9/2016 16.H.3. 10 D r, 9K-7.011, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X, and XI herein. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement. The Management Plan shall include the following: a. An introduction containing the project name, location and other background information relevant to management, b. The stated purpose for acquiring the Project Site as proposed in the application and a prioritized list of management objectives. c. The identification of known natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics d. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. e. A detailed description of proposed restoration or enhancement activities,if any, including the objective of the effort and the techniques to be used. f. A scaled site plan drawing showing the project site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. h. A description of proposed educational displays and programs to be offered, if applicable. i. A description of how the management will be coordinated with other agencies and public lands, if applicable. j. A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing 04-042-FF4 October 21,2004 Reimbursement Packet Page -947 2/9/2016 16.H.3. lou 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 the identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient shall 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. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, Fla. Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K- 7.002(32), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, FCT may require the Recipient to do one, or more, of the following: post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; establish an endowment or other fund in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Recipient is unable to, and may require the Local Government to be a named co-signer on the Declaration of Restrictive Covenants; or provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 6. 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 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. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VIII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan 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 commitments made in the application 04-042-FF4 October 21,2004 Reimbursement -9- Packet Page -948- 2/9/2016 16.H.3. 100 . . that received scoring points or observations made by FCT staff during the site visit described in Rule 9K-7.009(1),F.A.C.: 1. Two or more resource-based outdoor recreational facilities including a fishing/observation platform, canoe/kayak launch, and picnic pavilions, and two or more user- oriented outdoor recreational facilities including a playground and volleyball courts shall be provided. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. 2. A permanent recognition sign, a minimum size of 4' x 6', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Florida Forever Program and Collier County. 3. At least 24 regularly scheduled and ongoing educational classes or programs that promote the protection of natural, historic and cultural resources shall be provided at the project site. 4. Interpretive signage shall be provided to educate visitors about the natural resources and unique history of the project site. 5. A staffed nature center shall be developed on the project site to provide year round education programming concerning the natural environment or history of the area. 6. The water quality of Goodland Bay shall be protected and the natural hydrology of the project site shall be restored to a more natural function and shall include the restoration of areas impacted by boat docks. The docks will be removed and only non-motorized vessels will be allowed access to the shoreline. The development of the restoration plan shall be coordinated with the South Florida Water Management District. 7. A comprehensive landscaping plan will be developed for the project site. The landscaping plan will make significant use of native plants. 8. The boat docks shall be removed, and the shoreline will be revegetated with appropriate wetland plants to create a functioning natural shoreline in terms of biological composition and ecological function. 9. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 04-042-FF4 October 21,2004 Reimbursement -10- _.._--.-- Packet Page-949- 2/9/2016 16.H.3. lo. o 10. A feral animal removal program shall be developed and implemented for dogs, cats, ducks,and other non-native wildlife that may be found on the project site. 11. Management of the estuarine resources on the project site shall be coordinated with the Florida Department of Environmental Protection's Rookery Bay Office and the U.S. Fish and Wildlife Service. 12. Any proposed stormwater facility for the project site shall be designed to provide recreation open space or wildlife habitat. 13. An archaeological survey shall be conducted to determine the integrity and extent of the shell midden that exists on the project site, and a professional survey of the historic structures shall be conducted to determine the integrity and extent of the historical features. The results of these surveys shall be reviewed in conjunction with the Division of Historic Resources to develop an appropriate protection plan for the archaeological and historic resources on the project site. 14. Pedestrian and bicycle access to the project site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the project site with adjacent residential neighborhoods. 15. The development and management of the project site shall be coordinated with the agencies managing conservation lands in the Goodland Bay Waterway Trail and the Blackwater River/Royal Palm Hammock Canoe Trail corridor, to ensure the project site is protected and managed as part of a linked conservation lands and recreation opportunities. 16. Proposed site improvements shall be designed and located to minimize or eliminate the long-term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 17. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380,PART III,FLA.STAT. 1. Each parcel in the Project Site to which the Recipient acquires title shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, Fla. Stat.; Section 11(e), Article VII of the Florida 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. The Declaration of Restrictive Covenants shall 04-042-FF4 October 21,2004 Reimbursement -11- Packet Page -950- 2/9/2016 16.H.3. Z0 0 contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees"), or a nonprofit environmental organization or government entity, upon failure to comply with any of the covenants and restrictions, as further described in paragraph 1 below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of reimbursement of Project Costs and shall be recorded by the Recipient in the county(s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty(30) day time frame,the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either(a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission,the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 04-042-FF4 October 21,2004 Reimbursement -12- ---.__ Packet Page -951- --- . ....__ 2/9/2016 16.H.3. �U U . 3. Following the reimbursement of Project Costs, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the reimbursement of Project Costs. 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. The Project Site shall permanently contain one sign, provided by FCT, recognizing FCT's role in the acquisition of the Project Site. The cost of shipping the sign shall be deducted from the FCT Award, as reflected on the grant reconciliation statement. For a Project Site where the FCT Award is divided into more than one closing, the cost of the sign shall be deducted from the grant reconciliation statement containing the first parcel to close. The sign shall be displayed at the Project Site within ninety(90)days of the final disbursement of the FCT award. A photograph of the sign installed at the Project Site shall be provided to FCT within the same ninety(90)day timeframe. XL OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever 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. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the"disallowable activities," 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 these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site by a non-governmental person or organization; 04-042-FF4 October 21,2004 Reimbursement -13- Packet Page -952- 2/9/2016 16.H.3. 100W c. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; d. any use of the Project Site by a non-governmental 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 for the Project Site with a non-governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities,the Recipient shall provide notice to FCT,as provided for in paragraph V.1., at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity,FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT 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 CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. XII. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall 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. These records shall be available at all reasonable 04-042-FF4 October 21,2004 Reimbursement -14- Packet Page-953- 2/9/2016 16.H.3. 100 times for inspection,review or audit by state personnel,FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time,Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of$500,000 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 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. 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, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. (formerly d.) 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs(at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and 04-042-FF4 October 21,2004 Reimbursement -15- Packet Page -954- 2/9/2016 16.H.3. lou • Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401,Claude Pepper Building l 11 West Madison Street Tallahassee,Florida 32302-1450 5. If the audit shows that any portion of the funds disbursed hereunder 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 the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five 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 five-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 Section 215.97, Fla.Stat. performed by an independent certified public accountant ("IPA") who shall either be a certified public accountant or a public accountant licensed under Chapter 473,Fla. Stat. The WA shall state that the audit complied with the applicable provisions noted above. XIII. DEFAULT; REMEDIES; TERMINATION 1. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ("Events of Default"), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default; a. If any warrant or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect,or if the Recipient shall fail to keep,observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has 04-042-FF4 October 21,2004 Reimbursement -16- Packet Page-955- 2/9/2016 16.H.3. 10 not cured such in timely fashion,or is unable or unwilling to meet its obligations thereunder; b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT,and the Recipient fails to cure said material adverse change within thirty(30)days from the date written notice is sent to the Recipient by FCT; c. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information. d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement,provided the Recipient is given at least thirty (30)days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of the FCT Award; d. Exercise any corrective or remedial actions, including,but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected;or e. Exercise any other rights or remedies which may be otherwise available under law, including,but not limited to,those described in paragraph IX.3. 04-042-FF4 October 21,2004 Reimbursement -17- Packet Page -956- 2/9/2016 16.H.3. 10 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla.Stat., as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by the Trust, or if no Purchase Agreement is executed,then as provided for in Sections 125.355(l)(a)and 166.045(1)(a), Fla. Stat. 4. FCT may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the project. A request for termination shall be provided to FCT in a manner described in paragraph V.1. XIV. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that • the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XV. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 04-042-FF4 October 21,2004 Reimbursement -18- _ Packet Page -957- — . - 2/9/2016 16.H.3. 104, 0 1 1 3. The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. COLLIER C TY FL•�'.,},:�• COM 'U TIES TRUST " 1 I, / By: ryyrs�_ Ltt By. ABM .�a� Print Na a 0enna. Fa La_ J. ice t•rowning Title:CMa j r'/no 2 / D. ision Director o?Housing& 'omm.0 'ty hJ'•. l.pment Date: N oV 3D, 2.00 I-4 Date: :pi ' i Appr• • o •• and Lega :-� Approved as,t Form and Legality: . ,�• ,.1,,� By:£ 4-&t - . 0-c Z _�-.____ e4.. *11144."arae.4 WVA L._• yr Kelly A. Martinson Trust Counsel AT(E$ t ■4 owIG ' E:-.;BROCK, CLERK . .� Q t ' Item# 1 b Deputy l er Agenda %1301A 04-042-FF4 Date October 21,2004 Reimbursement Date `,.13...05 -19- Recd ' eputy Cler Packet Page-958- 0000.