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Other - Documents provided by Mr. Kevin Cannon during Public Input
Date: May 24, 2010 The attached documents were provided to the City by Mr. Kevin Cannon during "Public Input" at the May 24, 2010 City Commission Regular Meeting. Seminole County plans $10.2 million NCAA park - Orlando Business Journal: Page 1 of 3 Members: Log in I Not Registered? Reuistet for free maul services. LESS -THAN $2 A WEEK eaussoesc taw ORLANDO BUSINESS Site I News I Vitleos I Jobs JOIJR Choose Another City: I Orlando Site Go, Search Art •.e HOME NEWS SMALL BUSINESS SALES & MKTG REAL ESTATE EVENTS COMMUNITY CAREERS TRAVEL MORE TOPI Metro growth forecasts Local Biz Directory Classifieds Email Alerts Book of Lists Subscribe - 4 Fnte Issues EXCLUSIVE REPORTS > > > • Subscribe to Odanoo..t iness_,lou Onarldp Print Edition lAtlustnes SDprts Friday, April 3, 2009 I Modified: Tuesday, April 7, 2009 Seminole County plans $10.2 million NCAA Search for Jobs powered by onTargelJobs park Search View Orlando Jobs - 1391 lobs today e Orlando Business Journal - by Richard Bilbao SITE SECTIONS Print Email Reprints RSS Feeds Add to Del.icio.us Digg This Comments (2) Email Alerts Company Get the latest lo:al Seminole County is creating a new $10.2 million National Collegiate MEDIA business news ilebvered to Athletic Association - standard park on 45 acres in Winter Springs in Watch your inbce Si r up_Todayi an effort to draw sporting events to the area. Get started now The Jetta Point Park project will include four NCAA- regulation Daily women's softball fields; four multipurpose fields; a playground; a Update two -story, 3,000- square -foot building for concessions and office Sign up f or the space for scorekeeping; and other park amenities, said county ` Daily update documents. 11� Beating the The Orlando office of PBS &J, a Tampa -based multiservice Recession architecture, engineering and construction firm, is the project .ourlEtiating designer. the Reygssion page The county will seek general contractor bids in late fall for an early 2010 groundbreaking, said Joseph Abel, leisure services director for Sales & Seminole County. The project should open in early 2011. Marketing • "What we're trying to do is create a public recreation facility that also would have the Visit the Sales & Marketing Center ability to do some tournament play activity," he said, noting the park's potential to draw in local, state and national sporting events that, in turn, would generate business for hotels, Small restaurants and stores. Business It's something the area needs: Seminole County realized the least amount of economic Center impact from sporting events in the four -county region last year, said the Central Florida Visit the Small Business Centel Sports Commission. Seminole had $4.9 million in impact, compared to Orange ($68.1 million), Osceola ($16.9 million) and Lake ($6.2 million) counties. In addition, Seminole snared just 8 percent, or $21.2 million, of the total $246.7 million in Featured Orlando Jobs lowered economic impact generated by Central Florida sporting events during the four -year period • View Ooen O000rtunitieo - AT&T of 2005 -2008. • Resolutions and Receiverships Technicians - FDIC - Jacksonville The county already alread has been talking with the NCAA, as well as softball associations such • Resol Jacksutions and Rece onville iverships Specialists - FD C- y as the Independent Softball Association, the Amateur Softball Association and the United • Spa Reservations At States Specialty Sports Association. • Oncology Office Coord - Clinical Asst (LPN) Search Jobs I P_ostRestrne I View Mme, e Tony Galloway, commissioner of the Central Florida Amateur Softball Association, said the addition of Jetta Point Park will help softball organizations better plan for Et a.,lob 1 Feat taa_Job tournaments. Galloway's association is in the process of creating a 3oo -team softball tournament that would take place in Central Florida by 2011 and be used as a recruiting effort for colleges. Orlando Business Directory Any venue in Central Florida could have the opportunity of hosting games, he said. 'Florida Articles .g http : / /orl ando.bizj ournal s. com/orl ando /stories /2009 /04 /06 /story9.html ?b =123 8990400 %5 e 1... 7/7/2009 Florida Communities Trust - Annual Stewardship Report Name of Project: Jetta Point Property FCT Project Number: 03- 055 -FF3 Grant Recipient: Seminole County Government Key Contact: Julia E. Thompson, Parks and Recreation Manager (Let FCT know if the key contact has changed) Email Address: jthompson02@seminolecountyfl.gov Reporting Period: 1/1/08 through 12/31/08 Date Drafted: January 30, 2009 Summary During this past year, the Jetta Point project has undergone funding review and as of FY 08 -09 the project has changed funding sources from the County's General Fund budget to the Tourism Development tax. Due to the ability to bond future funds, the project is now going through a new conceptual re -design at the direction of the Board of County Commissioners. While the project will essentially remain the same, staff and our consultant, PBS & J have been asked to upgrade the scope and design of the project to ensure that the park is a "showcase" tourist destination. Construction documents were complete up to 60% and at - :his time, staff is unsure what revisions, if any will be made. Future Land Use The project site encompasses two (2) local jurisdictions. Seminole County is working closely with the Cities to move the necessary land use and zoning designations forward. At this time, it is not known what year they will be adopted. A 11 agencies are hopeful that these land use and zoning designations with be adopted in 2009. This revision has been extended for one year to encompass this current FY as we are still in the process of land use revisions. FCT Sign The sign has not yet been placed as construction of the park has not commenced. At the completion of the project, the sign will be built to specifications and placed in a prominent location on the Property. Because the project is in the design phase it is not known at this time when the project will be complete, but is projected to be completed in 2010. This has been updatxd to extend one year due to possible budget and design changes. Archaeological — Historical Resource Survey (if applicable): g Y Non- applicable. Physical improvements No physical improvements have been made as of yet. Natural Resource Protection No resource protection activities have taken place. No plant or animal survey has been conducted over the last year. The project is still in the design phase. All natural resource issues are being taken into consideration. Staff conducted a field evaluation of the site in Jan. 2009. Resource Restoration and Enhancement No restoration, enhancement or landscaping activity has taken place. The project is still in the design phase. All natural resource issues are being taken into consideration. Monitoring The site is monitored on a routine basis for invasive exotic species and feral animals. Minor exotic species were noted in Jan. of 2009 and no feral animal activity was noted. Once final design and construction plans are in place, staff will have a better idea as to how to address the existing exotic plants. Educational Signs No educational kiosks or signs have been installed. Educational Programs (if applicable) Non - applicable. 1 Revised 12.12/ -06 • Easements, Concessions or Leases Non - applicable. Revenues No revenue has been collected. Management Endowment — (only required for non - profit Environmental Organization) Non - applicable. Security Property has been fenced off with a gated, locked entrance. The site is monitored on a routine basis. Priority Schedule/Time line Estimated project completion in 2010. This has been extended by one year. Management Plan Changes At this time, no changes are expected for the management plan. Attachments • Jetta Point Park Conceptual Site Plan — latest update. ip 2 Revised 12.121-06 3.R. 419 & S.R. 434 F' • M v v • h 1 r ';`' :::;L:46:;:; r a t galigassimseati • , Y n k 4„,,,7'.." F -♦ A UNIIMMINOSPOIndlb . w,., W :, 3 � MYtMfris »�i>t/1 a f 1r'--- llizia��111 t t i .' v " 7Miatwa hasp pYa .:P=;' , 'i .111r16tcnuljb fi F ti Ili 041∎6. I1 its ,,, i 1 w f � ' Oviedo I7tYl i rlclM�1 k 4 .. ,.a. , 4' 4,1'rj a ;;` IN; . ai ' r ` C r f �tf aa rrtltoily d. . t .. r'. A ,. _ : litaiirPeed ` � . • g' t ' ' 11, MwIMIll. Wadi i r X • rr �r ` et a ■ 3 Revised 12.12/ -36 • • • 1 Jetta Point Park Project Bid Direction Table 5/20/2009 . 5 g r Program Items Base Project _ Plan A Upgrades NCAA Div 1 ` NCAA Div II ' - , , ,, NCAA Div III ,_. _.. `; a : -. . ,'a W:.,.. , 190' Minimum UR 190' Minimum UR 220' Fields 225' All Around' 225' All Around* 220' Maximum Center Maximum Center 190' -225' LIR / 200' -225' Center Bleacher Seating 100 Covered Seat Capacity Per Field 100 Seat Covered Per (3) Fields 500 500 Unobstructed 500 Unobstructed Nothing Identified (4) Covered Seats (1) Toumament Field (3) Fields 30 fc average (3) Fields 70 fc infield /50 fc outfield (NCAA (County Standard) (1) Intercolligiate Play Level) (1) See NCAA Table** See NCAA Table" Lighted Fields Preferred Field Lighting Tournament Field 50 fc average E .Tournament Field 125 fc maximum /100 fc average Minimum 125 fc Recommendation 150 fc minimum"' g (County Standard) (National Broadcast Championship Host) Dugouts (4 Fields) 10' x 30' (12 Person) (3) Fields - 10' x 30' (12 Person) (1) 26 Person/Covered/Water Ice and 26 Person/CoveredlWater Ice and Trash 27 Person/Covered/Water Ice and Toumament Field w /Restroom - 10' x 87' (26 Person) Trash Trash Pavilions Standard Pavilion with Low Columns Pavillion Roof Upgrade/High Columns/Omamentation NA NA NA Softball Entry Gate Not Included Gates at each pedestrian entry point Controlled entry Controlled entry Controlled entry Restrooms for Additional Seating Not Required 8 Toilets (4 Male/4 Female) Necessary for the added seating Necessary for the added seating NA • May require a temporary fence to comply with 220' maximum — NCAA NCAA Best Lighting Practices as provided by MUCSCO Lighting "' As identified on NCAA Div II Championship Host table provided by Seminole County C: \Documents and Settings \8254 \Local Settings \Temporary Internet Files \OLK3E1NCAA Program table.xls ' .. . 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"•.:"; - 4 - ' • , - 0 it- 4 ((( +t .. cv, . -. . j • A tt:'. i • Ault i �.. 0, 4 p , s . ,,,, v t .c '" �, \,' Nt ;1 ` a - > rip s P" ° � s 0 , aft * / rop t 4 �s � � 1 ' r /. ) � r , 1 , 1 / : � A' 'i' � /i •,rte: t: ,,\, _ /Oak I _ w . • - ., a ' g± ' `j 4 , , ,, .. A ` . . FLORIDA COMMUNITIES TRUST FLORIDA FOREVER PROGRAM APPLICATION FORM FF -3 1. PROJECT NAME Jetta Point Property (Descriptive project name) 2. APPLICANT NAME Seminole County (Name of local government or nonprofit environmental organization) If nonprofit environmental organization, provide information requested in Exhibit M and N. 3. PARTNERSHIP APPLICATION Is this a partnership application between two or more local governments or nonprofit Yes No environmental organizations, as described in Rule 9K- 7.002(26), F.A.C.? X if "Yes," provide the name(s) of the local government(s) or nonprofit environmental organization(s). 4. KEY CONTACT PERSON Note: The Key Contact is required to be an employee of the Local government or designated representative of the nonprofit environmental organization. Identify only one key contact person. Key Contact Name Craig A. Shadrix First Middle Initial Last Title Program Manager Department/Nonprofit Organization Seminole County Natural Lands Program Mailing Address 1101 East First Street City Sanford FL Zip Code 32771 -1468 Note: If the applicant's principal office address is a post office box, a delivery address is also required. fa Delivery Address City , FL Zip Code Phone Number (407)665 -7343 Primary SunCom (if applicable) Fax Number (407)665 -7367 Primary SunCom (if applicable) E -mail address (if applicable) cshadrix(a�co.seminole.fl.us 5. PROJECT SITE LOCATION County(ies) Seminole Section 04 Township 21 Range 31 Note: Cite only one Section, Township and Range to indicate where all or most of the project acreage is located. Include all directional designations (i.e., Section 21, Township 1 South, Range 1 East ). Form FF -2 (Effective 5/20/02) Page 1 6. TOTALPROJECT ACREAGE 44.49 Acres Indicate the approximate acreage of the project site to two decimal points. 7. PRE - ACQUIRED PARCELS The entire project site or a portion of the site has been pre- acquired by the applicant through a voluntarily - negotiated transaction within 24 months prior to the application deadline. If so, provide the owner's name(s), parcel tax identification number(s), and the closing date(s) of each pre- acquired parcel. Owner's Name Parcel Tax ID Number Date of Closing Jetta Point LLC 042131300002W0000 May 16, 2002 Jetta Point LLC 042131300002X0000 May 16, 2002 Jetta Point LLC 042131300002Y0000 May 16, 2002 Jetta Point LLC 042131300002P0000 May 16, 2002 • Jetta Point LLC 042131300002C0000 May 16, 2002 Jetta Point LLC 042131300002D0000 May 16, 2002 Jetta Point LLC 042131300002F0000 May 16, 2002 Jetta Point LLC 04213130000200000 May 16, 2002 Jetta Point LLC 042131300002V0000 May 16, 2002 Jetta Point LLC 04213130000270000 May 16, 2002 Jetta Point LLC 042131300002G0000 May 16, 2002 • Jetta Point LLC 04213130003500000 May 16, 2002 Jetta Point LLC 092131300009E0000 May 16, 2002 Jetta Point LLC 092131300009F0000 May 16, 2002 Robert A. Yeager 052131300002B0000 May 16, 2002 Robert A. Yeager 052131300002A0000 May 16, 2002 Robert A. Yeager 0520315BB00000240 May 16, 2002 8. REIMBURSEMENT ACQUISITION - Parcels to Be Acquired (Applicant conducts the entire acquisition and is reimbursed by FCT after the acquisition is completed) The entire project site or the remaining un- acquired parcel(s) in the site will be acquired by the applicant through a voluntarily- negotiated transaction within 18 months after the application deadline. If so, provide the owner's name(s), parcel tax identification number(s), and the anticipated closing date(s) of each parcel. Owner's Name Parcel Tax ID Number Date of Closing Form FF -2 (Effective 5/20/02) Page 2 For project sites with more than one parcel to be acquired, the applicant must complete the Acquisition Plan on page 5. 9. JOINT ACQUISITION - Parcels to Be Acquired (The entire project site or remaining unacquired parcel(s) will be a joint acquisition with both FCT and the applicant participating in the acquisition process) Number of separate parcels to be acquired within the project site 18 Number of separate ownerships to be acquired within the project site 2 Note: For a project site that consists of six or more ownerships to be acquired, the applicant will be required to act as the lead party responsible for the acquisition activities, as described in Rule 9K- 7.003(6), F.A.C. For projects with only one owner and one parcel, provide the owner's name, tax identification number, • address and phone number in the space provided below: Owner's Name Parcel Tax ID Number Owner's Address Phone For project sites with more than one parcel to be acquired jointly with FCT, the applicant must complete the Acquisition Plan on page 5. 10. ESTIMATED PROJECT COSTS Enter an amount on each line and round to the nearest hundred. a. Land purchase price (estimated or actual) $4,350,000 b. Acquisition costs (estimated or actual) $ Cost of certified survey(s), appraisal(s), appraisal review(s), S title report(s), title insurance premium(s), environmental audit(s) and applicant's acquisition agent(s) fees or commission. c. Total Project Costs [Add a. and b.] $4,350,000 11. AWARD AMOUNT AND MATCH Dollar Amount Percentage of Award a. FCT grant award amount (1) $2,000,000 40 % (2 decimal places) b. Match amount (2) $2,350,000 60 % (2 decimal places) c. Total Project Costs [Add a. and b.] $4,350,000 100.00% (Should equal 10.c. above) (1) The amount of any award or combination of awards to a local government or non - profit environmental organization under any application or partnership application for any project(s) shall not exceed 10% of the total Florida Forever funds advertised. (2) A 25% minimum match is required except for awards to counties with a population of 75,000 or fewer, municipalities with a population of 10,000 or fewer, and qualified nonprofit environmental organizations as defined in Rule 9K- 7.002(24), F.A.C. Florida Forever funds cannot be used as match. Form FF -2 (Effective 5/20/02) Page 3 12. LOCAL GOVERNMENT POPULATION (for 100% award requests) 191.357 (unincorporated) Population Note: Use the latest estimate of resident population from the most recent edition of Florida Estimates of Population, as published by the Population Division, Bureau of Economic and Business Research, University of Florida. 13. SOURCE OF MATCH Check the appropriate response(s) below to indicate eligible source(s) of match: Existing or future cash from the applicant X Value of real property owned by the applicant in a qualified pre - acquisition Note: Include lands within the project site that were pre- acquired within 24 months prior to or within 18 months after the application deadline that are to be used as part of the match. Cash or grant from regional, state or federal agency Please specify source: Cash from a private donation Value of real property donated by the landowner in a documented bargain sale or donation agreement. Note: Include documentation letter from the owner. Other. Please specify source: • Form FF -2 (Effective 5/20/02) Page 4 14. OTHER FUNDING SOURCES Have you applied for funding for acquisition for this project through another federal, regional or Yes No state land acquisition program(s)? X If "Yes," provide the name(s) of the federal, regional, or state land acquisition program(s) to which you have applied for funding. 15. SUPPLEMENTAL INFORMATION Please provide the following supplemental information: a. The Florida House of Representatives district number that includes the project site: 33 b. The Florida Senate district number that includes the project site: 9 • c. The Regional Planning Council that includes the project site: East Central Florida d. The Water Management District that includes the project site: St. Johns River e. The name and address of the main newspaper that includes the area where the project site is located: Name Orlando Sentinel Address 633 North Orange Avenue City Orlando , FL Zip Code 32801 Form FF -2 (Effective 5120/02) Page 5 PROPOSED ACQUISITION PLAN An acquisition plan is required for project sites with multiple parcels or owners to identify the priority parcel(s) and the general acquisition order of other parcels to ensure that, in the event that all parcels cannot be acquired, the purposes of the project can be achieved. List the specific order in which the parcels in the project will be acquired. Acquisition of the project site will begin with the priority 1 parcel(s). Parcels may be grouped by priority and more than one parcel may be categorized as priority 1, 2, 3, etc. If all of the parcels are of equal priority and acquiring any of the parcels will achieve the purposes of the project, categorize all as priority 1. Note: All parcels categorized as top priority parcels must have a willing owner letter provided as Exhibit 0 as described on the list of Required Exhibits. Priority Owner's Name Parcel Tax ID Number Owner's Address Phone • • Additional Comments: Form FF -2 (Effective 5/20/02) Page 6 PROJECT SUMMARY In the space below: 1. Provide a discussion of the purposes of the project, existing and future uses, existing and proposed physical improvements, natural and historic resources, and resource protection and enhancement activities. 2. Provide a descriptive statement of how the project will benefit the community. The Jetta Point Property is located in south - central Seminole County in the Black Hammock Area. It encompasses 44.49 acres of land with four existing structures (two homes and two accessory/barns). This project is immediately adjacent to the existing Black Hammock Trailhead of the Cross Seminole Trail, a showcase trail of the Seminole County Greenways and Trails Program. The Cross Seminole Trail is one of the first rails to trails projects funded by the Office of Greenways and Trails and has received multiple awards. Additionally, Seminole County was the first County in the state to formally adopt a Greenways, Trails and Blueways master plan. This site will become a multi -use property with a mixture of active recreational uses and passive uses, and it will provide for expansion of the existing trailhead in a rapidly developing area. Current and Proposed Physical Improvements The site now has an adopted conceptual master plan, which is attached as an appendix. The Black Hammock Trailhead Afts the most heavily used trailhead in Seminole County's trail system, and the master plan was developed with this in mind. 1 111Mn 1998, the Seminole County Completed a Recreation and Open Space Master Plan, during which it was recognized that facility -based level of service was not being met despite meeting the acreage based requirements. The four -year plan for Jetta Point will increase the number of multi - purpose sports fields in this area, which is identified as being a priority in the 1998 Recreation and Open Space Master Plan. The 1998 Seminole County Recreation and Open Space Master Plan identifies that facility deficiencies in the existing active parks program could be lessened if the disturbed areas of the site can be developed into multipurpose fields pavilions, and playgrounds. Additionally, are some rare habitats that will P fields, P P Y9 Y allow for educational and interpretive opportunities as part of the Seminole County Natural Lands Program. The Program educates over 4000 students annually on preservation and natural history of Seminole County. The ability to offer a mixed recreational experience that includes passive, active, and trail -based recreation provides tremendous appeal and potential for the Jetta Point acquisition. Natural and Historic Resources The Jetta Point Property includes both uplands and wetlands, and is located along the Seminole County Rails to Trails linking Oviedo to Winter Springs. UPLANDS The uplands located at the Jetta Point site is characterized by white well drained sands, with very little leaf litter build up � indicating sterile soil conditions, and is a mature Sandpine Rosemary community consisting of rusty lyonia, wild olive, andpine, wild rosemary, sand live oak, myrtle oak, chapman oak, red bay, saw palmetto, tarflower, garbaria with occasional beautyberry. The Natural Lands Committee identified 5 gopher tortoise holes, although several seemed to be not active. One gopher tortoise hole showed armadillo tracks. This community is of special importance because it represents (1) a habitat that is rapidly vanish - ing due to the excellent drainage and potential for development, and (2) potential for aquifer recharge. The Sandpine- Rosemary community represents an old, undisturbed site indicated by the height of the sandpine and large rosemary shrubs probably not less than 25 -30 years old based on branch junction counts, support -ing estimates the area had not been burned in the past 30 years or more. South along the power line and fence there is a noticeable change in the vegetation. Sandpines become more spaced with an understory of saw palmetto mixed with scrub live oak, opuntia cactus, gall -berry holly, shinning blueberry, shining lyonia and scarlet basil. In peripheral disturbed areas are wild passion flower, bracken fern, sumac and occasional hackberry. TRANSITION The transitional area leading towards the wetlands is a mixture of slash pine, sweetgum, red maple and an occasional juniper (red cedar). The soil has more organic matter and increased amount of leaf littler. An eagle's nest was observed on a slash pine damaged by lightening. WETLANDS The wetlands are dominated by loblolly bay, sabal palm, water oak, and red maple intermixed with southern magnolia and persimmon. The understory consists of buttonbush, wax myrtle, carolina willow, blackberry, smilax, wild azaleas, cinnamon fern, royal fern and net chain fern. Much of the forest floor is open with relatively easy walking. The current Form FF -2 (Effective 5/20/02) Page 7 PROJECT EVALUATION CRITERIA Answer the following questions, if applicable to the proposed project. Where requested, provide references to the local comprehensive plan, support documentation or Exhibits A through O. Note: Provide a response to each of the following criteria, using as much space as needed to fully reply. If the answer to a criterion is checked "No," move to the next question. Any criterion that is not addressed or is left blank will not be evaluated and no points will be awarded. (1) GENERAL CRITERIA SECTION (a) Pre - acquired parcels Check only one of the following: 1. Has a portion of the project site been pre- acquired by the applicant within 24 months prior to the Yes No application deadline? (5 points) x 2. Has the entire project site been pre- acquired by the applicant within 24 months prior to the Yes No • application deadline? (10 points) x (b) Is the project site part of a phased project that was previously selected for funding by FCT? Yes No (5 points) x If yes, identify the project number of the previously funded FCT project and describe the phased nature of the project. (c) The applicant is committed to providing: Check only one of the following: 1. A match of 40 to 49% of the total project costs. (10 points) Yes No 2. A match of 50 to 59% of the total project costs. (20 points) Yes No 3. A match of 60% or more of the total project costs. (25 points) Yes No i x (d) Is this the applicant's first application to FCT or has the applicant previously submitted an application Yes No but was not funded? (5 points) x Note: In the case of a partnership application, refer to the Application Instruction Guide. (e) Will the project provide an alternative to the fee simple acquisition of land, such as, acquiring a Yes No portion of the project site through conservation easement(s)? (5 points) x If yes, locate the proposed area to be acquired in less than fee and discuss the less than fee acquisition component of the acquisition on Exhibit D. (t) Will the project further the purpose of a recent (within the last 10 years) or proposed acquisition of Yes No adjacent conservation or outdoor recreation lands by other federal, state, local, or nonprofit agencies? x Form FF -2 (Effective 5/20/02) Page 9 (5 points) If fires, provide a map (or indicate on Exhibit I) and discuss the outdoor recreation or conservation lands recently acquired or proposed for acquisition. Note: This does not include lands acquired by the applicant. This property is adjacent to the Cross Seminole Trail, which was acquired using money from a grant provided by the Department of Environmental Protection's Office of Greenways and Trans. The trail is shown on several exhibits, including the Seminole County Greenways and Trails Master Plan and the 1998 Recreation and Open Space Master Plan. (2) OUTDOOR RECREATION, NATURAL AND CULTURAL RESOURCES SECTION This section identifies whether acquisition of the project site furthers the provision of outdoor recreation facilities and open space and the preservation of natural and cultural resources. All proposed recreation facilities are required to be designed with as minimal disturbance as possible to natural resources on the project site. (a) Outdoor Recreation and Open Space • 1. Will the project provide outdoor recreation areas or open space adjacent to existing publicly -owned Yes No upland areas, such as, existing parks, museums, schools, libraries, affordable housing, or transit X stations? (5 points) If yes, discuss how the existing publicly -owned upland area will be linked with the proposed recreation or open space area. The Jetta Point Property will allow for expansion of the existing Black Hammock Trailhead as well as for the addition of active and passive recreational opportunities. 2. Will the project include two or more resource -based outdoor recreation facilities, such as a nature Yes No trail, picnic pavilion, fishing pier, wildlife observation platform, boardwalk, camping area or canoe launch? X (5 points) If yes, describe what resource -based facilities will be provided and how they will be integrated into the project. There will be nature trails with interpretive signage and a kiosk with natural and recreational educational brochures. Additionally, a picnic pavilion is planned for the property along with multipurpose sports fields and a • trail with exercise stations. These are shown on the conceptual four -year master plan. 3. Will the project include two or more user - oriented outdoor recreation facilities, such as, playgrounds, Yes No basketball courts, tennis courts, bocci ball courts, shuffleboard courts, volleyball courts or fitness trail? (5 X points) If yes, describe what user - oriented facilities will be provided and how they will be integrated into the project. The project will include multipurpose fields and playgrounds. These facilities will be incorporated into the portion of the site that will be part of the trail head expansion and are shown on the conceptua. 4. Will the project provide access to a shoreline or beach and be managed for recreation uses? Yes No (5 points) X If yes, discuss how the project provides access to the shoreline and will be managed for recreation. 5. Will the project further outdoor recreation or open space in an urban area? a. Is the project site located within an existing urban service area, as defined in Rule 9K- 7.002(40), Yes No F.A.C. (5 points) X If yes, describe the existing urban service area. Provide any relevant maps that support the response. The site is located within the urban area of Seminole County, inside the County's urban /rural boundary. Attached is a CD -Rom copy of the Seminole County Comprehensive Plan. Form FF -2 (Effective 5/20/02) Page 10 Scattered albng the power line trail were several Hypericums, beggar tick, elderberry, blood root, wild muscadine grapes, plantain, wild azaleas, and occasional swamp bay and wax myrtles. SUMMARY The Jetta Point Site demonstrates a variety of natural habitats which from the endangered (very limited in Seminole County) Sandpine -wild rosemary community, mixed slash pine in the wetland recharge area. There appears to be a significant population of the endangered gopher tortoise, considered by biologists to be a keystone species, in the area. Several of the plant species, and especially the prickly pear cactus, furnish excellent food resources for the gopher tortoise. The acquisition of the Jetta Point Property has multiple benefits, as previously stated. The project will allow the expansion of an existing National Scenic and local showcase trailhead, will increase the level of service of active recreation, and will preserve rare upland communities. There are however, other benefits. The acquisition prevented more intense development in the sensitive Black Hammock Area of Seminole County and the statutorily defined special basin of Lake Jesup. The trail will connect in the near future to the Spring Hammock Preserve and other properties via minor trail systems. This acquisition was crucial due to the looming rapid growth of Seminole County and the increasing demand for recreation. Form FF - (Effective 520/02) Page 8 b. Is the project site located within an urban service area and also within '/% mile of a built -up Yes No commercial or high density mixed -use urban area. (5points) X If yes, describe the land use within % mile of the site. Provide any relevant maps that support the response. Note: to qualify for this criterion, criterion 5.a should have also been answered yes. If the project site is located in a built -up commercial or high density mixed use area, criteria 5.b and 5.c should be answered yes. One of the parcels acquired for the Jetta Point property is zoned commercial. This property is within Y2 mile of a commercial site that Is already serving as a gas station /restaurant/grocery. c. Is the project site located within an urban service and is also within a built -up commercial or high Yes No density mixed use area. (5 points) X If yes, describe the land use surrounding the site. Provide any relevant maps that support the response. Note: To qualify for this criterion, criteria 5.a. and 5.b. should have also been answered yes. (b) Recreational Trail Systems and Greenways 1. Will the project include new or enhanced land -based nature, bike or equestrian trails that are at least Y4 Yes No mile in length? (5 points) X If yes, identify the proposed trail system on the project site and show on Exhibit K. The project will enhance the existing Cross Seminole Trail and will be a major trailhead for this trail, which is a showcase or "major arterial" trail. As shown on the conceptual, trails Incorporating the uses of the Jetta Point site will be developed and connected to the main trail adjacent to the trallhead. 2. Will the project enhance or connect local, regional or statewide land -based recreational trail systems by Yes No extending an existing trail system or by providing trailhead or trailside facilities? (5 points) X If yes, identify the local, regional or statewide trail network and discuss how the project will enhance the system. Provide a map of the trail system or show on Exhibit 1. Note: A recreational trail system does not include sidewalks, bike lanes, or canoe trails. The enhancement of the trailhead and the addition of recreational and passive uses will enhance the Cross Seminole Trail, which is part of the Florida National Scenic Trail, by providing the above - referenced active and passive recreational amenities. 3. Will the project enhance or connect local, regional or statewide network greenways by expanding Yes No existing greenways, such as wildlife corridors and canoe trails. (5 points) X • If yes, identify the local, regional or statewide network of greenways and discuss how the project will enhance the network. Provide a map of the greenway network or show on Exhibit I. 4. Will the project further a locally adopted greenway, waterway trail, or land -based recreational trail system Yes No plan for the community? (5 points) X If yes, provide a copy or a portion of the greenway or recreational trail plan, including a map of the greenway or trail network. Pleased reference the copy of the existing Seminole County Greenways and Trails Master Plan. (c) Educational Opportunities 1. Will the project site include interpretive signs intended to educate visitors about the natural environment Yes No or unique history of the site? (5 points) X If yes, describe the interpretive educational signs to be provided. There will be interpretive signs that educate about native habitats preserved on site and about the role the site plays in the trails master plan. The history of the adjoining site and associated trail is part of a "rails to trails" project. Additionally, the trail will connect to the new Seminole County Environmental Studies Center, which Is under construction adjacent to the Cross Seminole Trail along County Road 419 to the northeast of the Jetta Point Site. It is expected that trail users will park at the Black Hammock Trallhead /Jetta Point and travel to the Environmental Center and back for a short day trip. I 1 Form FF -2 (Effective 5/20/02) Page 11 2. Will the applicant provide at least 24 environmental or historical education classes or programs per year Yes No at the project site conducted by trained educator(s) or resource professional(s)? (5 points) X If yes, describe the classes or programs to be provided, the group(s) to be targeted, and the frequency of the planned program. There are several programs that include the Seminole County Public Schools, the home school network, the volunteer program, and other special programs, such as Trail organizations and Environmental organizations. There are a number of programs ranging from preservation and biodiversity to management of recreational areas. Seminole County specifically has the "Partners in Preservation" program, which promotes volunteerism, education, and stewardship. Copies of the "Partners in Preservation" information are attached. 3. Will the project site include a staffed nature center or museum building to provide year round educational Yes No classes or programming concerning the natural environment or unique history of the area? (5 points) X If yes, describe the proposed center or museum, who will provide the programming, and how the facility and operations will be funded. It is possible that one of the existing structures will become an educational facility. As yet, there is not a concrete master plan of the site. (d) Natural and Biological Resources 1. Does the land cover on the project site consist of predominantly natural communities that have not been Yes No • impacted by human disturbance or alteration? (5 points) X If yes, describe the various natural communities on the project site, including the quality of the communities, the approximate acreage of each community, and how the communities will be protected and managed. Describe the extent and acreage of the disturbances or alterations on the project site. Note: Predominately natural equates to approximately 70% coverage. 2. Does the project site contain one or more natural communities identified by the Florida Natural Areas Yes No Inventory as "imperiled" or "critically imperiled ?" (5 points) X If yes, describe the "imperiled" or "critically imperiled" natural community, as identified in the Florida Natural Areas Inventory publication "Guide to the Natural Communities of Florida." Discuss the present condition of the community, including the quality of the community, the approximate size of the community in acres and how the natural community will be protected and managed. The site contains mature xeric and sand pine scrub. These areas are small and isolated, and most likely will be used for educational purposes. The site In its entirety has the potential for gopher tortoises, eastern Indigo snakes, and a number of listed plants. Additionally, there is an existing bald eagle nest that will be protected • within all applicable federal, state, and local guidelines. The monitoring plan for the natural lands program is attached. 3. Does the project site contain habitat recognized as typically suitable for one or more listed animal Yes No species? (5 points) X If yes, describe the habitat on the project site and identify any listed species that may use the site as habitat. Discuss the present condition of the habitat, the approximate size of the habitat in acres and how it will be protected and managed. See response in 2. 4. Does the project site contain critical habitat typically suitable for one or more listed animal species and is Yes No the site located in a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife X Conservation Commission? (5 points) If yes, provide documentation from the Florida Fish and Wildlife Conservation Commission that the project site is located within a Strategic Habitat Conservation Area. (e) Landscaping or Restoration 1. Will a significant portion of the degraded or altered areas on the project site be landscaped with native Yes No vegetation? (5 points) X Form FF -2 (Effective 5/20/02) Page 12 If yes, discuss the scope of the landscaping effort, including the approximate acreage of landscaped area. Show the approximate area identified for landscaping on the conceptual site plan, Exhibit K. The master plan is now adopted and developed, and as the trailhead is expanded and the master plan is implemented, landscaping will be accomplished using native plants, as has been previously done with the Black Hammock Trailhead and the Cross Seminole Trail. 2. Will a significant portion of the degraded or altered upland communities on the project site be restored to Yes No a natural community? (5 points) X If yes, discuss the nature of the disturbance and the scope of the restoration effort, including the approximate acreage of upland restoration. Show the approximate area identified for upland restoration on the conceptual site plan, Exhibit K. 3. Will a significant portion of the degraded or altered wetland communities on the project site be restored Yes No to a natural community? (5 points) X If yes, discuss the nature of the disturbance and the scope of the restoration effort, including the approximate acreage of wetland restoration. Show the approximate area identified for wetland restoration on the conceptual site plan, Exhibit K. • (f) Water Quality 1. Will the quality of surface waters occurring on or adjacent or in close proximity to the project site be Yes No improved by the elimination of existing pollution sources from the project site, removal of impervious X surfaces, or other means? (5 points) If yes, discuss the proposed water quality improvement and the expected results. 2. Will acquiring the project site protect adjacent Outstanding Florida Waters, as designated by the Yes No Department of Environmental Protection? (5 points) X If yes, provide a map or other documentation showing that the boundary of the project site is located adjacent to Outstanding Florida Waters. 3. Will acquiring the project site protect adjacent Class I Waters, as identified by the Department of Yes No Environmental Protection, or is the project site in a locally designated wellfield protection zone? (5 points) X If yes, provide a map or other documentation showing that the boundary of the project site is located adjacent to a Class 1 waterbody or within a wellfield protection zone. (g) Historic Resources 1. Does the project site contain, or is the project site within % mile of, a site listed in the Florida Master Yes No Site File maintained by the Division of Historical Resources? (5 points) X If yes, identify the resource, its location and the Master Site File number. 2. Will acquiring the project site protect a resource that is listed on the Florida Master Site File and also Yes No recognized by a local historic board or the Division of Historical Resources as being historically X significant at the local, regional or state level? (5 points) If yes, identify the resource, its location on the project site and the Master Site File Number. Identify which governmental agency, board or expert in the field identified the resource as being significant. Form FF -2 (Effective 5t20/02) Page 13 3. Will acquiring the project site protect a resource that is listed on the National Register of Historic Places Yes No byjhe National Park Service? (5 points) X If yes, identify the resource and its location and document the National Register listing. (3) COMMUNITY PLANNING SECTION (a) Comprehensive Plan Implementation For each of the following criteria that are furthered by the local comprehensive plan, cite no more than five (5) relevant objectives or policies in each response. If the response to a criterion is "No" move to the next question. If the response to a criterion is "Yes" cite the objective or policy number and paraphrase the plan directive, provide a brief discussion of how acquiring the site will further the cited objective or policy and include a copy of the objective or policy in Exhibit A. If a criterion addresses specific resources or facilities, these must be present on the project site in order for points to be awarded. If the project site is located entirely in one local government jurisdiction, the local comprehensive plan of the jurisdiction within which the project site is located shall be evaluated for scoring purposes. If the project site is located in two or more jurisdictions, the local comprehensive plan of each jurisdiction shall be compared for compatibility and evaluated for • scoring purposes and each jurisdiction's local comprehensive plan must be furthered for points to be awarded. 1. Will the project provide acreage or outdoor recreational facilities necessary to maintain or improve Yes No adopted levels of service standards established in the comprehensive plan for recreation? (5 points) X Numeric citation and summary of objectives or policies: Objective REC 4, Policy REC 4.1 Summary of how the project furthers the objectives or policies: These acreage numbers meet the acreage -based level of service standards for Seminole County until approximately 2005. Adding this project will increase the level of service and extend the time period. More importantly, however, the 1998 Recreation and Open Space Master Plan for Seminole County identified that the Southeastern Seminole County area was deficient based on drive time analysis and facility analysis, so the realized need is much greater for this project than the official level of service based need. 2. Will the project further comprehensive plan directives that ensure acquisition of natural areas or open Yes No space through public acquisition? (5 points) X Numeric citation and summary of objectives or policies: Objective REC 6, Policy REC 6.2, Policy REC 6.7, Policy REC 7.6, Policy REC 7.7 Summary of how the project furthers the objectives or policies: These objectives and policies outline the county's desire to augment the general fund with other public monies in the acquisition of natural areas. The public sources outlined in the Comprehensive Plan include federal and state grants including Preservation 2000, developer commitments, user fees, and local referenda. These sources will be explored in the acquisition of the Caruso/Pineloch Property. 3. Will the project further comprehensive plan directives to provide new or enhanced public access to water Yes No bodies and saltwater beaches? (5 points) X Numeric citation and summary of objectives or policies: Policy REC 2.6 Summary of how the project furthers the objectives or policies: This policy describes the county's desire to allow for public access to water bodies in its park sites and facilities. The Jetta Point Properly will allow for access to Lake Jesup, which will be assessed via a trail connection to the Central Winds Park in Winter Springs. 4. Will the project further future land use designations or comprehensive plan directives that provide for Yes No creating new or enhanced greenways or recreational trail systems? (5 points) X Form FF -2 (Effective 5/20/02) Page 14 Numeric citation and summary of objectives or policies: Objective kEC 5, Policy REC 5.2, Policy REC 5.5, Policy REC 5.6, Policy TRA 6.17 • Summary of how the project furthers the objectives or policies: The Jetta Point Property will be a major link in the Florida National Scenic Trail and will connect to the Seminole County Greenways and Trails network as seen in Exhibit N. The policies and objectives listed above demonstrate the county's commitment to the Greenways and Trails network, which would continue with this project. Yes No 5. Will the project further comprehensive plan directives that ensure the preservation of natural X communities or listed animal species habitat? (5 points) Numeric citation and summary of objectives or policies: Objective FLU 1, Objective REC 7, Policy REC 7.4, Policy REC 7.5, Policy REC 7.7 Summary of how the project furthers the objectives or policies: These objectives and policies outline the county's commitment to preservation of significant natural lands and habitats through a variety of means including Comprehensive Plan policies, Land Development Code regulations, and acquisition. The policies also show the coordination efforts that the county wishes to undertake and Policy REC 7.7 lists the criteria by which we judge our natural lands purchases. The Caruso/Pineloch Property furthers these goals because it contains a variety of significant habitats including several habitats for listed species, it meets the criteria of Policy REC 7.7, and involves a coordination effort between state and local govemments and non -profit agencies. 6. Will the project further comprehensive plan directives that provide for coordination between the local Yes No government and other federal, state and local agencies or nonprofit organizations in acquiring or X managing natural areas or open space? (5 points) Numeric citation and summary of objectives or policies: Objective REC 3, Policy REC 7.4, Policy REC 7.5, Policy REC 7.6 Summary of how the project furthers the objectives or policies: This project is a coordinated effort between the Florida Department of Community Affairs, Seminole County, the City of Winter Springs, and Florida Trail Association and, as such, furthers the above listed policies and procedures. 7. Will the project further comprehensive plan directives to restore or enhance degraded natural areas Yes No such as restoration of natural communities, restoration of natural hydrology or removal of non - native X vegetation? (5 points) • Numeric citation and summary of objectives or policies: The project will further Policy CON 1.12, Policy CON 2.7, Policy CON 3.4, AND Policy CON 7.41G Summary of how the project furthers the objectives or policies: The above policies are all premised on protection and restoration of the County's natural resources, and state that restoration is a goal, along with removal of exotic vegetation. 8. Will the project further comprehensive plan directives that ensure the protection or enhancement of Yes No surface or groundwater quality? (5 points) X Numeric citation and summary of objectives or policies: Objective CON 1, Objective CON 2, Policy CON 1.2, Policy CON 2.2 Summary of how the project furthers the objectives or policies: This property provides significant recharge to the south - central area of Seminole County as well as valuable wetlands that moderate ground water flow. Protection of this property furthers the County's desire to protect the ground water supply by saving high recharge uplands and protection of the Black Hammock as stated above. This proposal fulfills these Comprehensive Plan objectives to the greatest extent. 9. Will the project further comprehensive plan directives that ensure the preservation of historical, cultural Yes No or archaeological features? Note: The site must contain a feature or have a high probability that a X feature is present on the site. (5 points) Form FF -2 (Effective 5120/02) Page 15 Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 10. Will the project further comprehensive plan directives that direct development to a locally designated Yes No urban infill, urban redevelopment or downtown revitalization area as defined in Section 163.3164, F.S.? X (5 points) Numeric citation and summary of objectives or policies: Objective FLU 11, Policy FLU 11.1 Summary of how the project furthers the objectives or policies: These policies and objectives encourage compact mixed use growth west of the urban rural boundary. The City of Winter Springs is in the midst of creating a town center within a mile of the project, which would eventually link to the town center via the trail. (b) Hazard Mitigation 1. Flood Hazard Area. Will the project provide recreational opportunities and open space areas that direct Yes No residential and commercial development away from a coastal high hazard area or a 100 -year flood plain? X (5 points) • If yes, provide a map identifying the 100 -year flood plain or coastal high hazard area and location of the project site or show on Exhibit J. See exhibit J. 2. Local Mitigation Strategy Priority. Is the project site located within an area identified in the County's Yes No adopted Local Mitigation Strategy as a mitigation priority? (5 points) X If yes, provide a map or listing that identifies the mitigation priorities of the local government and a copy of the County's Local Mitigation Strategy document. Discuss how the project will further the intent of the mitigation strategy. 3. Designated Brownfield Area. Will the project provide recreational opportunities or open space areas Yes No within a state designated brownfield area? (5 points) X If yes, provide a map showing the boundary of the designated bmwnfield area and the location of the project site. Discuss how the site contamination will be remediated to allow for the provision of open space or outdoor recreation activities. Discuss how the remediation will be completed prior to acquisition and the estimated costs and sources of ip funding for remediation. (c) Priority Investment Areas Review each of the following statements and check all that apply to the project. Undocumented responses will not be evaluated and points will not be awarded. Will the project site provide new or enhanced outdoor recreation or open space within the following areas? 1. Front Porch Community. Is the project site located within an area designated as a Front Porch Yes No Community? (5 points) X If yes, provide a map that identifies the boundary of the designated area and the location of the project site. 2. Florida Main Street Community. Is the project site located within the boundary of an active Florida Main Yes No Street Community? (5 points) X If yes, provide a map that identifies the boundary of the designated area and the location of the project site. 3. Eastward Ho! Corridor. Is the project site located within the boundary of the Eastward Ho! Corridor, Yes No pursuant to Executive Order 94 -54, and as determined by the Department of Community Affairs? X Form FF -2 (Effective 520/02) Page 16 • (5 points) If yes, provide a map that identifies the boundary of the designated area and the location of the project site. 4. Waterfront Florida Community. Is the project site located within the boundary of a current or previously Yes No designated Waterfront Florida Community? (5 points) X If yes, provide a map that identifies the boundary of the designated area and the location of the project site. 5. Low Income Community. Is the project site located within a designated low- income community, as Yes No defined by Rule 9K- 7.002(20), F.A.C.? (5 points) X If yes, provide a map that identifies the boundary of the designated area and the location of the project site. 6. Rural Area of Critical Economic Concern. Is the project site located within a designated Rural Area of Yes No Critical Economic Concern? (5 points) X If yes, provide a map that identifies the boundary of the designated area. • 7. Urban Redevelopment. Is the project site located within a locally designated urban infill, urban Yes No redevelopment or downtown revitalization area, as defined in Section 163.3164, F.S.? (5 points) X If yes, provide a map that identifies the boundary of the designated area and the location of the project site. 8. Area of Critical State Concern. Is the project site located within an Area of Critical State Concern, as Yes No designated pursuant to Section 380.05, F.S.? (5 points) X If yes, provide a map that identifies the boundary of the designated area. 9. Rate of Growth Ordinance. Is the project site located within an area subject to an adopted rate of growth Yes No ordinance? (5 points) X If yes, provide a map that identifies the boundary of the designated area. • 10. Other Special Status Area. Is the project site located within or adjacent to the boundary of a state or Yes No federally designated area not identified elsewhere in the application criteria that is intended to protect or X restore natural resources (e.g., Aquatic Preserve, Marine Sanctuary, American Heritage River, National Estuary Program, etc.)? (5 points) If yes, identify the special designation and provide a map that identifies the boundary of the designated area and the location of the project site. The protect is located In the Lake Jesup Basin, a Drainage Basin designated as special by State Statute (previously H.B. 2365) which identifies It as a unique resource to the area based on natural resources. The project site is within 1/2 mile of Lake Jesup. Additionally, Lake Jesup is a part of the St. Johns River, an American Heritage River. (4) PROJECT EXCELLENCE SECTION Does the project consist of community-based support, exemplary characteristics, voluntarily helps Yes No resolve land -use conflicts, or assist an otherwise disadvantaged community in a manner that was not X adequately evaluated by the criteria established elsewhere in this application? (Up to 10 points) Form FF -2 (Effective 5/20/02) Page 17 If yes, describe how the project provides for other community needs in a manner that was not adequately evaluated by the criteria established elsewhere in this application. Include documentation, if needed. There are two primary reasons for project excellence that were not well evaluated by this form. First, the project protects property that would have surely been developed at a high intensity mixed use, a pattem that is shaping Seminole County and confining preservation to rural areas. This property was acquired to provide an excellent mixture of recreational opportunities in the midst of what will eventually become an intensely urbanized area. The preservation merit alone is noteworthy considering that statewide trends show park land becoming more scarce and financially prohibitive in urbanizing areas. Lastly, this project will create one of the best nodes of connectivity in any natural lands/parksArails systems in the state. The project not only will enhance the use of one of the County's showcase trails, but will add to the active level of service by creating park features and will maintain some of the natural areas to broaden the experience. Seminole County has demonstrated in years past and present that connecting parks, natural lands, and mixed -use centers with trails is one of the core components of a livable community. The Jetta Point Acquisition exemplifies that philosophy. i • Form FF -2 (Effective 5/20/02) Page 18 REQUIRED EXHIBITS Each of the following exhibits is required to be submitted with the grant application. Provide a label and tab for each exhibit. Please ensure that all exhibits are legible and of an appropriate scale. If two or more exhibits are consolidated, make sure this is reflected on the exhibit label. If a specific exhibit is not applicable, include an exhibit page with a statement that it is "Not Applicable." Locate the exhibits behind the project evaluation criteria section of the application. A. A copy of each local comprehensive plan objective and policy cited in the grant application that applies to the project site. Please highlight or underline the applicable plan directive being referenced. B. A copy of all proposed local comprehensive plan amendments, including amendments to the future land use map, cited in the grant application that apply to the project. C. A United States Geological Survey 7 minute quadrangle map with the project site location clearly delineated. D. A county property appraiser's tax map delineating the project site boundary, access points, names of property owners, parcel tax identification numbers, and ownership boundaries using an appropriate scale. E. An aerial photograph at 1 inch = 2,000 feet or greater detail, with the project site boundary clearly delineated. 0 . A map that depicts natural communities found on the project site, utilizing the classification system identified in the Florida Natural Areas Inventory publication "Guide to the Natural Communities of Florida ". Clearly delineate the project site boundary and include the approximate acreage of each natural community on the map. G. A map that identifies any existing physical improvements, alterations or disturbances occurring on the project site, such as cleared areas, buildings, roads, fences, docks, power lines, billboards, borrow pits, etc. Clearly delineate the project site boundary and include the approximate acreage of improvements or disturbed areas. Identify any existing or proposed utility, road, or other easements or right -of -ways on the site. H. A Future Land Use Map covering the project site and surrounding area that shows the location of the project site. I. A map that identifies lands within a three -mile radius of the project site that are used for natural resource conservation and outdoor recreation, such as parks, preserves, wildlife management areas, greenways, recreational trail systems, etc. Clearly delineate the location of the project site on the map. J. A map depicting the 100 -year floodplain, the coastal high- hazard area or a wellfield protection zone with the project site boundary clearly delineated. K. A conceptual site plan for the project that clearly delineates the project site boundary and shows the approximate location of all proposed improvements on the site. L. One set of labeled photographs of the project site, to be included in the original application, that documents on -site features such as natural communities, waterbodies, shorelines, plants, wildlife habitat, unique biological or geological features or historical or archaeological features. Include a legend that identifies the site location and subject matter of each photograph. M. If applicable, evidence of status as a nonprofit environmental organization as defined in 9K- 7.002(24), F.A.C., including tax exemption and Articles of Incorporation. N. If the applicant is a nonprofit environmental organization which anticipates being designated as the management entity pursuant to 9K- 7.003(7), F.A.C., evidence that the nonprofit environmental organization has the financial resources, background qualifications and competence exist to manage the project site in perpetuity in a reasonable and professional manner or in cooperation with the local government. O. Letter from the owner(s) of the top priority parcel(s) as identified in the Acquisition Plan for Joint Acquisition projects or the key parcel(s) for Reimbursement Acquisition projects, indicating their willingness to consider an offer. Form FF -2 (Effective 5/20/02) Page 19 FCT Contract Number a y -CT- S - . T - FT • A/ . ./Cf FLORIDA COMMUNITIES TRUST 03- 055 -FF3 JETTA POINT PROPERTY CSFA# - 52002 GRANT CONTRACT THIS AGREEMENT is entered into on r , 2001 the date the last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and SEMINOLE COUNTY, local government of the State of Florida (Recipient). The intent of • this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement provisions of Sections 259.105, 259.1051, and Chapter 380, Part III, Florida Statutes (F.S.). * * * * * * WHEREAS, Chapter 380, Part UI, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal management elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; • WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the distribution of twenty - two percent (22 %) less certain reductions of the net Florida Forever Revenue Bond proceeds to the Department to provide land acquisition grants to local governments and nonprofit environmental organizations through the FCT for acquisition of community -based projects, urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation areas to implement local comprehensive plans; WHEREAS, the Bonds are issued as tax - exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of bondholders for federar income tax purposes; 03- 055 -FF3 11/1012003 Preacquisition -1- • WHEREAS, Rule Chapter 9K -7, Florida Administrative Code (F.A.C.), describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department from the Florida Forever Trust Fund; WHEREAS, the FCT Governing Board met on October 2 - 3, 2003, to score, rank, and select projects to receive approval for funding; WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding and in accordance with Rule Chapter 9K -7, F.A.C., and more particularly described within this Agreement; 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; and • 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 local match, provided that real property owned by the Recipient was acquired by the Recipient within 24 months prior to the application deadline for which the application was made. The date of this application deadline was June 10, 2003; WHEREAS, the Recipient acquired the fee simple title to the en a Project Site on 161/ 2-0O Z (Insert date[s])from , ej1/7, jn - 1-1,0 a v� R hertI, yeader "Insert Seller name[s]); WHEREAS, the Recipient has requested disbursement of FCT Florida Forever Bond proceeds from FCT subsequent to the closing on the acquisition of the Project Site for the project costs expended for the acquisition of the Project Site by the Recipient; and WHEREAS, the purpose of this Agreement is to set forth the conditions of approval that must be satisfied by 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 its cost reimbursement with the Bond proceeds. NOW THEREFORE, FCT and Recipient mutually agree as follows: I. GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399 -2100, as soon as possible and before December 1L 2003. If Recipient requires more than one original document, the Recipient should photocopy the number of additional copies needed, and then execute each as an original document. Upon receipt of the signed Agreements, FCT will execute 03- 055 -FF3 11/10/2003 P reacqulsition -2- the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. This Agreement between the parties sets forth the requirements and responsibilities for cost reimbursement and management of the Project Site, described in the application that was submitted and selected for funding by FCT (Application). 3. Approval for funding shall be until April 3t 2004 (Expiration Date). In the event that the Project Plan described in Section V. below has not been approved by the Expiration Date, this Agreement shall be terminated. The 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 must be made in writing to FCT, fully explaining the reason for the delay and • why the extension is necessary. If the Recipient does not request an extension, or if an extension is not granted to the Recipient by the FCT, the Florida Forever award granted to the Recipient shall terminate and all obligations hereunder shall cease. 4. This Agreement may be terminated before its Expiration Date at the written request of the Recipient. Such a request shall fully describe the circumstances that compel the ' Recipient to terminate the project. A request for termination should be mailed to the FCT at the address given in paragraph 1 above. 5. This Agreement may be terminated before its Expiration Date by the FCT if it is determined by the FCT that no significant progress is being made toward Project Plan approval, non - performance by the Recipient of the requirements listed or that other circumstances are present that would, in all likelihood, preclude or prevent the successful reimbursement for the acquisition costs for the Project Site within the established time frame. Prior to termination, notice of the proposed termination shall be mailed to the Recipient at the address given in paragraph 13 below. • 6. Recipient agrees to submit the documentation to FCT that is required in this Agreement as soon as possible so that the Project Site acquisition costs may be reimbursed in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines may result in delays in the project, may result in allocation of time or resources to other recipients that responded timely, and may result in this Agreement being terminated by FCT. t It is the responsibility of the Recipient and its representatives to know all project deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. The Recipient shall provide a monthly status report to FCT of progress towards reimbursement of the acquisition project costs. 03- 055 -FF3 11/10/2003 Preacquisition • -3- • 7. The FCT Florida Forever award granted to the Recipient will in no event exceed the lesser of Forty Percent (40.00 %) of the final total eligible project costs, as defined in Rule 9K.-7.002(29), F.A.C., or Two Million Dollars And No Cents ($2,000,000.00), unless the FCT approves a different amount, after determination of the Maximum Approved Purchase Price as provided in Rule 9K- 8.007, F.A.C., and which shall be reflected in an addendum to this Agreement. The amount of the grant shall not exceed the Limitation of Award provided in Rule 9K- 7.003(3), F.A.C., and as advertised in the Notice of Application. 8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate of total project costs in its Application, as well as limits on awards in the notice of application period announcing the application cycle. When disbursing funds for the project, the FCT will recognize the actual total project costs, defined in Rule 9K -7.002 (29), F.A.C., for acquisition of the Project Site. The total project costs will be reflected on a grant reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the actual purchase price, or the Maximum Approved Purchase Price based on appraisal reports that comply with requirements'set forth in Rule 9K- 8.007, F.A.C., whichever is less, and multiplied by the percent stated in paragraph 7 above. 9. The FCT Governing Board has selected the Recipient's Application for funding to acquire the entire Project Site identified in its Application. The 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 in changed so that the objectives of the acquisition cannot be achieved. Any request for modification of the boundary of the Project Site identified in the Recipient's Application may be considered by the FCT following the procedures for submission and review of boundary modification requests set forth in Rule 9K- 7.010, F.A.C. 10. The FCT funds shall be delivered either in the form of eligible project costs prepaid by FCT to vendors or in the form of a State of Florida warrant to the Recipient. FCT award funds shall only be delivered after FCT approval of the Project Plan and terms of the • acquisition of the Project Site. FCT will prepare a grant reconciliation statement prior to the reimbursement that will evidence the amount of local match, if any is required, provided by the Recipient. Funds expended by the FCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 11. The Recipient's local match, if any is required, shall be delivered either in the form of eligible project costs prepaid to vendors by the Recipient; purchase price paid to Seller; or eligible documented dogation by Seller of land value. The funds expended by the Recipient for eligible project costs incurred by the Recipient will be recognized as part of the local match, if any is required, on the grant reconciliation statement prepared pursuant to paragraph 10 above. In the event that preacquired land or donated land value is the source of local match, if any is required, the value attributed to the local match shall be determined after an appraisal report(s) that complies with the procedures and requirements set forth in Rule 9K- 8.007, F.A.C. is reviewed and approved by FCT prior to FCT funds being delivered for the project. 03 -055 -FF3 11/10/2003 Preacquisition -4- I2. The Recipient shall provide the required appraisal(s) for review by a date not to exceed 90 days after execution of this Agreement. FCT will review the appraisals and, upon approval, will determine the Maximum Approved Purchase Price as provided in Rule 9K- 8.007(5) and (6), F.A.C., for FCT reimbursement. 13. Recipient hereby notifies the FCT that the following administrator, officer, or employee is the authorized key contact, or project manager, on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: CD-a-4-e4, Q e -tt eoc_. Title: Cym,nue/yl t 777.2r17-t. • Address: / /D/ £. .41it.,,,� �� .3017 / Phone: qa7 - G&S - 73.5" / Fax: , V07' 065 "7 t// a- • Email: CGZ o tc / /Q C4 s emi nale COe.4 �• 8 a • All contact and correspondence from FCT to the Recipient will be through the key contact. The Recipient must notify the FCT as to any change in the authorization of the key contact on behalf of the Recipient named above. This notification must be made in writing to the Executive Director and signed by the appropriate authorized administrator, officer, or employee or named in paragraph 111.4. below. 14. This Agreement may be amended at any time and must be set forth in a written instrument and agreed to by both the FCT and the Recipient. Such amendments shall become a part of this Agreement. • IL AUDIT REQUIREMENTS Section 215.97, Florida Statutes, the Florida Single Audit Act, provides uniform state audit requirements for state financial assistance provided by state agencies over the audit threshold as defined in that Section as follows: 1. The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. 2. These records shall be available at all reasonable times for inspection, review, or • audit by state personnel and other personnel duly authorized by FCT. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 03- 055 -FF3 11/10/2003 Preacquisition -5- 3. The Recipient shall also provide FCT with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 4. In the event that the Recipient expends a total amount of State financial assistance from all state sources equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. Section I.7. above indicates State financial assistance through FCT by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, except that • State financial assistance received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by FCT as a grant appropriation. a. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. b. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. c. The complete financial audit report, including all items specified in (d) below , shall be sent directly to: • Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and State of Florida Auditor General Room 401 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 d. In connection with the audit requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 and 10.650, Rules of the Auditor General. 03- 055 -FF3 11/10/2003 Preacquisitton -6- e. If the Recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, 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 obtained from other than State entities). 5. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after FCT has • notified the Recipient of such non - compliance. ,a 6. The Recipient shall retain all financial records, supporting documents statistical records, and any other documents pertinent to this contract 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, Florida Statutes, by an independent certified public accountant (IPA) who shall either be a certified public. accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. III. AFFIRMATIONS, ANNUAL STEWARDSHIP REPORT, AUTHORIZED EXECUTOR AND FEDERAL EMPLOYEE IDENTIFICATION NUMBER. • By execution of this Agreement, the Recipient affirms that: 1. the Recipient is ready, willing and able to provide the local match, if any is required; 2. the Recipient reaffirms the representations made in its Application; 3. the Recipient shall, on January 30 of each year after FCT reimbursement for project costs for the acquisition of the Project Site, prepare and submit to FCT an annual stewardship report as required by Rule 9K -7.013 , F.A.C.; 4. 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 Grant Award Agreement. 03.055 -FF3 11/10/2003 Preacquisition -7- • Name: -Ccwe f/ Title: _ Address: Phone: Fax: Email: The Recipient must notify the FCT as to any change in the authorization of the administrator, officer or employee named in this paragraph to execute all documents on • behalf of the Recipient. This notification must be made in writing to the Executive - Director and signed by the appropriate administrator, officer or employee. 5. the Recipient hereby notifies the FCT that the Recipient's Federal Employer • Identification Number is 3 e..., lc( . " IV. MANAGEMENT PLAN APPROVAL 1. Prior to approval of the Project Plan (described in Section V below), and final disbursement of award funds by FCT, the Recipient must prepare a Management Plan that complies with Rule Chapter 9K- 7.011, F.A.C., and addresses the criteria and conditions set forth in Sections IV, VI, VII, VIII, and IX herein. Recipient is strongly urged to coordinate with the FCT staff in order to ensure that the FCT approval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the project and delivery of FCT funds. 2. The Management Plan, which is intended to explain how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement, shall include the following: a. An introduction containing the project name, location and other background information relevant to management. ) .,\T` • .) 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, surface and groundwater characteristics. 1. . A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. 03- 055 -FF3 11/10/2003 Preacquisition -8- 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 how the management will be coordinated with other agencies and public lands, if applicable. • \ (t A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. 1. A schedule for implementing the development and management activities of the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan must include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient must also provide FCT with the • interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 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, F.S., the Recipient(s) shall be required to provide the 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, the FCT may: require the Recipient to post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; require the Recipient to establish an endowment or other fund in an amount sufficient to ensure performance; require 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 Nonprofit Environmental Organization Recipient is unable to, and may require 03- 055 -FF3 11 /10 /2003 Preacquisition -9- the Local Govemment to be a named co- signer on the Grant Award Agreement; or require such other assurances as the Governing Board may deem necessary to adequately protect the public interest. V. PROJECT PLAN APPROVAL 1. Prior to final disbursement of award funds by FCT, the Recipient must prepare a Project Plan that complies with Rule 9K- 8.011, F.A.C. This Project Plan is a compilation of the following items listed below, which must be reviewed and approved by FCT. The Project Plan shall include, and shall not be considered by FCT unless it includes all of the following documents, to be reviewed and approved by FCT to ensure that the interest of the State of Florida will be protected: a. The closing documents associated with the parcel(s): • (1) A copy of the Purchase Agreement(s) for sale a d purchase of the parcel(s) between Recipient and.�� tp I pi- us } 0 0 -. 0 1 (;nbp,rf A , *Ater- (Insert name[s] of Seller[s]). (2) A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcels. (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 dated within 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). (4) 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 45 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. b. A letter from FCT indicating approval of the Management Plan written according to Rule Chapter 9K- 7.011, F.A.C., and as described in Section IV above. 03.055•FF3 11/10/2003 Preaequisition -10- c. A statement of the total Project Cost as defined in Rule Chapter 9K- 7.002(29), F.A.C. d. A statement of the amount of the award being requested from the 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. Additional documentation as may be requested by FCT to provide Reasonable Assurance as set forth in Section N.4. above. 2. The FCT strongly encourages the Recipient to request a courtesy review of its • Project Plan prior to submission of the Project Plan for approval and release of funds. FCT will recommend approval of complete and accurate Project Plans or disapproval of incomplete or insufficient project plans. 3. Reimbursement for project costs may be made only after FCT approval of the Project Plan. • VI. REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, F.S. RECIPIENT AGREES AS FOLLOWS: • 1. FCT shall approve the terms under which the interest in land is acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT approves the Project Plan containing a copy of the document(s) vesting title to the Project Site in the Recipient. 2. Title to the Project Site shall be titled in the Recipient. 3. Each parcel to which the Recipient acquires title in the Project Site shall be subject to such covenant and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.051 and 380.510, F.S.; Section 11(e), Article VII of the State Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund or another local government or non - profit organization upon failure to use the Project Site conveyed thereby for such purposes. 03 -055 -FF3 11/10/2003 Preacquisition -11- • 4. A Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 3 above and describing the real property subject to the Agreement shall be executed by the FCT and Recipient at the time of the reimbursement for the Project Site and shall be recorded in the county in which the Project Site is located. The Grant Award Agreement shall restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. All statements contained in the Grant Award Agreement are contained in this Agreement, with the exception of statements that do not survive the reimbursement for costs for the acquisition of the Project Site. 5. If any essential term or condition of the Grant Award Agreement is violated, and the Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The deed transferring title to the Project Site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 6. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 7. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title and to manage the Project Site. VII. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the reimbursement for costs of the Project Site, 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 for costs for the acquisition of the Project Site. 2. 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 applicable adopted and approved comprehensive plan. 3. The Recipient shall, through its and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by the FCT as a part of the Project Plan. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 03- 055 -FF3 11/10/2003 Preacquisttion -12- • 5. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non - native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS i. FCT is authorized by Section 380.510, F.S., to impose conditions for funding on • 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. 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 any person or organization; b. the operation of any concession on the Project Site by any person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; e. arty change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract of the Project Site with any person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 03- 055 -FF3 11/10/2003 Preacquisition -13- 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 to FCT at least 60 calendar days advance written notice of any such transactions, events, and circumstances, and shall provide to FCT such information as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest for FCT approval. 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 agrees to immediately cease or cause the cessation of the disallowable activity upon receipt of written notice from the 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 Recipient for any disallowable activity on the Project Site. IP DELEGATIONS AND CQNIRACTUAL 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. IX. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN The Management Plan for the Project Site is mentioned throughout this Agreement, and is particularly described in Section IV. above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from • either commitments made in the application that received scoring points or observations made by the 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 picnic pavilion and nature trails, shall be provided at the Project Site. The facilities shall be designed and located with minimal impact to natural resources on the Project Site. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust and Seminole County. 3. Interpretive signage shall be provided to educate visitors about the natural environment of the Project Site. 03- 055 -FF3 11/10/2003 Preacquisition -14- • 4. A biological inventory of the natural communities found on the Project Site, including the dominant and listed plant and animal species, shall be conducted prior to any site development. The inventory shall be used to ensure the protection of biological resources and be updated periodically. 5. The natural community that occurs on the Project Site shall be appropriately managed to ensure the long -term viability of this community. 6. The Project Site shall be managed in a manner that protects and enhances habitat for native wildlife species that utilize or could potentially utilize the Project Site, including gopher tortoises. The development of the Management Plan shall be coordinated with the Fish and Wildlife Conservation Commission's Office of Environmental Services to ensure the preservation and viability of listed and non -listed native wildlife species and their habitat. Periodic surveys shall be conducted to ensure that site management is compatible with the listed species using the Project $ite. 7. 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. 8. A comprehensive landscaping plan will be developed for the Project Site. The landscaping plan will make significant use of native plants. Degraded wetland communities on the Project Site shall be restored the in terms of biological composition and ecological function. 9. Prior to the commencement of any proposed development activities, measures shall be taken to determine the presence of any archaeological sites. All planned activities involving • known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 10. An assessment of existing structures on the Project Site shall be conducted to determine which structures will be demolished or renovated. Structures over fifty years old shall be assessed in conjunction with the Division of Historical Resources. 11. Any proposed stormwater facility for the Project Site shall be designed to provide recreational open space or wildlife habitat. 12. The location and design of the parking and other site improvements shall have minimal impact on natural resources. The parking area shall incorporate pervious material wherever feasible. 03- 055 -FF3 11/10/2003 Preacquisitian -15- • 13. Pedestrian and bicycle access shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the Project Site with adjacent residential neighborhoods. Bike parking stands shall be installed to provide an alternative to automobile transportation to the Project Site. 14. The Project Site shall be managed as part of the Cross Seminole Trail and the Florida National Scenic Trail. Proposed improvements will include trailhead facilities and a trail system that connects the Project Site with other parks and promotes alternative modes of transportation. 15. 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. 16. The requirements imposed by other grant program funds that may be sought for activities associated with the Project Site shall not conflict with the terms and conditions of this • Agreement. This Agreement including Exhibit "A ", if required, embodies the entire agreement between the • parties. THE FLORIDA COMMUNITIES TRUST'S OBLIGATION TO PROVIDE FUNDS UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. S: +��t CO F "A Co 1 1 S TRUST By: If me Ir► ; - 'ce Brownie Print ame: �OyA �, I� �,�¢I/l� Browning Title: efi rxecutivQQ��D,' a f Date: /a ID ea 3 Date: f/[li b? • B Ap v as `jd eg Approve as tq�Form and Legality: • t ame: ; .Q / �y / o�P (t/• t re e . ivfipe By Trust Counsel • 14v pa,v L . C fo k2g • • 03- 055 -FF3 11/10/2003 Preacquisition -16- This document prepared by: Kelly A. Martinson Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 FLORIDA COMMUNITIES TRUST FF3 AWARD #03- 055 -FF3 • ` FCT Contract# of". < sl- 07. rj -_T/- JETTA POINT PROPERTY GRANT AWARD AGREEMENT THIS AGREEMENT is entered into this? / day of o c T, /rear , 2004, by and between the FLORIDA COMMUNITIES TRUST ( "FCT "), a nonregulatory agency within the State of Florida Department of Community Affairs, and SEMINOLE COUNTY, a political subdivision of the State of Florida ( "Recipient "), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "A" attached hereto and made a part hereof ( "Project Site "), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 259.105, 259.1051, and 380, Florida Statutes. WHEREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust. Act, creates a nonregulatory agency within the Department of Community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit • environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the distribution of twenty- two percent (22 %) less certain reductions of the net Florida Forever Revenue Bond proceeds to the Department to provide land acquisition grants to local governments and nonprofit environmental organizations through the FCT for acquisition of community -based projects, urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation areas to implement local comprehensive plans; WHEREAS, the Bonds were issued as tax - exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K -7, Florida Administrative Code (F.A.C.), authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for GAA \03- 055 -FF3 September 24, 2004 1 funding in accordance with Rule Chapter 9K -7, F.A.C.; WHEREAS, the FCT has approved the terms under which the Project Site is acquired and the deed whereby the Recipient acquires title to the Project Site shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the county in which the real property is located; and . WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its cost reimbursement using funds from the Florida Forever Trust Fund award. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and Recipient do hereby contract and agree as follows: I. GENERAL CONDITIONS 1. Upon execution and delivery by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of Seminole County, Florida, and in such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith. • 2. The Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax- exempt status of the Florida Forever Bonds is not jeopardized, FCT and Recipient shall amend the Agreement accordingly. 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the Recipient and FCT. 4. This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the Recipient and their respective successors and assigns. GAA \03- 055 -FF3 September 24, 2004 2 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 • ATTN: Program Manager Recipient:: ( z T 7/ ATTN: C, (AI t: cs- ltc 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, FLORIDA STATUTES 1. If any essential term or condition of this grant agreement is violated by the Recipient or by some third party with the knowledge of the Recipient and the Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The FCT shall treat such property in accordance with Section 380.508(4)(e), Florida Statutes. 2. 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 people of Florida. 3. The interest, if any, acquired by the Recipient in the Project Site will not serve as security for any debt of the Recipient unless FCT approves the transaction. 4. If the existence of the Recipient terminates for any reason, title to all interest in real GAA \03- 055 -FF3 September 24, 2004 3 property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 5. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project • Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT will have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE RECIPIENT 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for passive, natural resource -based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT. 2. The Recipient shall prepare and submit to FCT an annual stewardship report as required by Rule 9K- 7.013, F.A.C. 3. 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 Recipient's comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient. 4. 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. GAA \03- 055 -FF3 September 24, 2004 4 5. The Recipientshall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved project plan. 6. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 7. 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/or major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably with -held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the Recipient's management plan • addressing the items mentioned herein shall be considered written approval from FCT. 8. If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 9. The Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a passive, natural resource -based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. The Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds from FCT and Recipient. IV. OBLIGATIONS INCURRED BY RECIPIENT AS A RESULT OF BOND • PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE 1. If the Project Site is to remain subject, after its acquisition by the State and the Recipient, to any of the below listed activities or interests, the Recipient shall provide at least 60 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax con - sequences of such activity or interest: a. any lease of any interest in the Project Site to a non - governmental person or organization; b. the operation of any concession on the Project Site to a non - governmental person or organization; GAA \03- 055 -FF3 September 24, 2004 5 c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with a non - govemmental person or organization; d. any use of the Project Site by non - governmental persons other than in such person's capacity as a member of the general public; e. a management contract of the Project Site with anon - governmental person or organization; and f. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 2. Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be permitted on the Project Site as they may have negative legal and tax • consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non - governmental person or organization; b. the operation of a concession on the Project Site by a non - governmental person or organization; c. a sale of things attached to the Project Site to be severed from the Project Site to a non - govemmental person or organization; d. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; e. any use of the Project Site by non - governmental persons other than in such person's capacity as a member of the general public; f. a management contract of the Project Site with a non - governmental person or organization; and g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE Recipient AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE Recipient OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING GAA \03- 055 -FF3 September 24, 2004 6 BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V. CONDITIONS THAT ARE PARTICULAR TO THE PROJECT SITE AS A RESULT OF THE FCT APPROVED MANAGEMENT PLAN 1. Two or more resource -based outdoor recreational facilities, including a picnic pavilion and nature trails, shall be provided at the Project Site. The facilities shall be designed and located with minimal impact to natural resources on the Project Site. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust and Seminole County. • 3. Interpretive signage shall be provided to educate visitors about the natural environment of the Project Site. 4. A biological inventory of the natural communities found on the Project Site, including the dominant and listed plant and animal species, shall be conducted prior to any site development. The inventory shall be used to ensure the protection of biological resources and be updated periodically. 5. The natural community that occurs on the Project Site shall be appropriately managed to ensure the long -term viability of this community. 6. The Project Site shall be managed in a manner that protects and enhances habitat for native wildlife species that utilize or could potentially utilize the Project Site, including gopher tortoises. The development of the Management Plan shall be coordinated with the Fish and Wildlife • Conservation Commission's Office of Environmental Services to ensure the preservation and viability of listed and non - listed native wildlife species and their habitat. Periodic surveys shall be conducted to ensure that site management is compatible with the listed species using the Project Site. 7. 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. 8. A comprehensive landscaping plan will be developed for the Project Site. The landscaping plan will make significant use of native plants. Degraded wetland communities on the Project Site shall be restored the in terms of biological composition and ecological function. GAA \03- 055 -FF3 September 24, 2004 7 9. Prior to the commencement of any proposed development activities, measures shall be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 10. An assessment of existing structures on the Project Site shall be conducted to determine which structures will be demolished or renovated. Structures over fifty years old shall be assessed in conjunction with the Division of Historical Resources. 11. Any proposed stormwater facility for the Project Site shall be designed to provide recreational open space or wildlife habitat. 12. The location and design of the parking and other site improvements shall have minimal impact on natural resources. The parking area shall incorporate pervious material wherever feasible. 13. Pedestrian and bicycle access shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the Project Site with adjacent residential neighborhoods. Bike parking stands shall be installed to provide an alternative to automobile transportation to the Project Site. 14. The Project Site shall be managed as part of the Cross Seminole Trail and the Florida National Scenic Trail. Proposed improvements will include trailhead facilities and a trail system that connects the Project Site with other parks and promotes alternative modes of transportation. 15. 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. 16. The requirements imposed by other grant program funds that may be sought for activities associated with the Project Site shall not conflict with the terms and conditions of this Agreement. GAA \03- 055 -FF3 September 24, 2004 8 • This Agreement including Exhibit "A" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: SEMINOL COUNTY �, By: Print Name: (, e . Print Name: (0 (t ez"J Title:G�^ c. rk Pe %0,..tcF -5 N( 4,��,� A ■ ica A ce Date: / °/ d `7 Print Name:13 n \ it ALA 644- Appro • :s to F . d / - ality: • Print Name: ' -o w (Pc/a/frve trae_ gls 'J? *4.7 Cor/.••ry A77z STATE OF FL A COUNTY OF The fo ; g sing ins i . e . wa acknowledged before me this 7 day of ©' , 2004, by .„, .. �a_�i as o behalf of the Local Government, and who is personal crown to me. (7//97 ‘ taove--vtee-r-, Sue L McCracken 10.7;t% MY COMMISSION # D0105102 EXPIRES Notary Public ' w►roEDTH 2 T 22, 2006 Print Name: INSURANCE • Commission No. My Commission Expires: GAA \03- 055 -FF3 September 24, 2004 9