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2008-51~~ CITY OF CLERMONT City Clerk's Office Department of Community Affairs Florida Communities Trust Attn: Kristen Coons, Trust Counsel 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Re: FCT Project Number 07-056-FF7 Recipient: City of Clermont Project Name: Inland Groves Property Dear Ms. Coons: Please find enclosed the original recorded Declaration of Restrictive Covenants for the above project. Sincerely, f~ ~1~;t ~~~ l~ Tracy Ackroyd, CMC City Clerk Enclosures ~N'y~" o~ ~F~~ ~o P.O. BOX 120219 CLERMONT, FLORIDA 34712-0219 PHONE: 352-241-7330 FAX: 352-394-2379 .. n.,... r`:h.nN'`I n.... n..FCI nn.v. ~~c~av~® ~~ -~~ ~ ~aaa~~~ ~~°~~ ~ ~co~~~~~~~~~~ ~~°~~~~ June 27, 2008 VIA OVERNIGHT DELIVERY Darren Gray, Asst. City Manager City of Clermont 685 West Montrose Street Clermont, Florida 34712 RE: FCT Project Number: 07-056-FF7 Recipient: City of Clermont Project Name: Inland Groves Property Dear Mr. Gray: It is a great pleasure to inform you that the following documents are enclosed to complete the project identified above: 1. One fully executed Declaration of Restrictive Covenants to be recorded 2. One purchaser's receipt that MITST be signed and returned to me immediately. The funds were previously electronically transmitted to the City and the City is currently signing the reconciliation statements. Please record one Declaration of Restrictive Covenants in the public records of Lake County. When the Clerk of the Court returns it to you, please forward the original recorded Declaration to my attention. It has been a pleasure to work with you, and I thank you for your cooperation in this mattez~. If you have any questions please contact me at (850)922-1700. Sincerely, Qn Kristen L. Coons Trust Counsel /klc Enclosures DF.N,~a~rv~e~r or Co~i.~a:~rrvArF~nis • 2555 SHt~ti~,~ao OAK ti~n~i.r~aen • T,a~.~J~n.assei:, FI. 3239)-2100 850/922-2207 • S~uCotit 292-2207 • FAX 850/921-1747 Fu niim Cu~iw ~rrus llii >r Itur ~r~r. ! ~ "~ -~~ - Cit o CCermont r ~. y f P O BOX 120218 CCermont, ~'C3~712 This document prepared by: Kristen L. Coons, Esq. Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 i ltllit 11111 hill hilt ltl11 ttlll Itl~ !lt!! ti ttt il(ti ltll ittl t= Ft1 2i tiR~;~~3i31438 8k ~1J7i7 F'~s jf42 -- f1`$e (f7a~s} r~l=z1_ r..E~~.~rr ;~.1"E~~L 1lF c-ru~~ le~i~lr ~.ouh~>'•~ E'EC€71~:G1(~lta FEES 14~,t)iE FLORIDA COMMUNITIES TRUST FF7 AWARD #07-056-FF7 FCT Contract #08-CT-C1-07-F7-J1-056 INLAND GROVES PROPERTY DECLARATION OF RESTRICTIVE COVENANTS THI5 AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF CLERMONT, a local government of the State of Florida ("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds, as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"}, that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non-regulatory agency within the Department of Community Affairs ("Department"} that will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; DRC\07-056-FF7 6/27/2008 1 WHEREAS, Rule 9K-7.009(1), Florida Administrative Code ("F.A.C."), authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, FCT has approved the terms under which the Project Site was acquired and the deed whereby the Recipient acquired title to the Project Site. The deed shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and it shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees") upon the failure of the Recipient to use the Project Site acquired thexeby for such purposes; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Proj ect Site subsequent to disbursing FCT Florida Forever funds to the Recipient for Project Costs. 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 the Recipient do hereby contract and agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon execution by both parties. The covenants and restrictions contained herein shall run with the Froj ect Site and shall bind, and the benefit shall inuxe to, FCT and the Recipient and their respective successors and assigns. II. MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE COVENANTS 1. Upon execution by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of Lake County, Florida, and in such manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees and charges incurred in connection therewith. 2. The Recipient and FCT agree that the State of Florida Department of Environmental DRC107-056-FF7 5/28/2008 Protection shall forward this Agreement to the Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax-exempt status of the Florida Forever Bonds is not jeopardized, FCT and the Recipient shall amend the Agreement accordingly. IV. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. Any such notice shall be deemed received on the date of delivery if by personal delivery or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Deparhnent of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 ATTN: Program Manager Recipient: C; -~W aF Cleae, rnon~ lv8' t!~• mnrL~tos e~ ~Q.2Y1'1Dh~ ~~i.. 3 ~ ~1// 2. In the event that a different representative or address is designated for paragraph 1. above after execution of this Agreement, notice of the change shall be rendered to FCT as provided in paragraph 1. above. V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375 AND CHAPTER 380, PART III, FLA. STAT. 1. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee containing such covenants, clauses or other restrictions as are sufficient to protect the interest of the State of Florida. 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 3. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water DRC107-056-FF7 5/28/2008 3 Management District who agrees to accept title and manage the Project Site. 4. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the Recipient shall deposit with FCT any insurance proceeds or any condemnation award and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from FCT, FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation ofthe Project Site. VI. MANAGEMENT OF PROJECT SITE 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for compatible passive, natural resource-based public outdoor recreation, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Management Plan approved by FCT. 2. 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. 3. The Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 4. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 5. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 6. All buildings, structures, improvements and signs shall require the prior written DRC107-056-FF7 5/28/2008 4 approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prier written authorization has been obtained from the Department of State, Division of Historical Resources. 8. As required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VII. SPECIAL MANAGEMENT CONDITIONS The Management Plan for the project site is mentioned throughout this Agreement, and is particularly described in Section N. above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the project site and result from either representations made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.: 1. The following recreational facilities including a volleyball court, playground, wildlife observation platform and fishing pier shall be provided. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the project site without causing harnl to those resources. 2. A permanent recognition sign, at a minimum size of 3' x 4', shall be maintained at the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and the Recipient. 3. Interpretive signs or kiosks shall be provided on the project site to educate visitors about the natural environment of the area. 4. At least 12 regularly scheduled educational classes or programs shall be provided at the project site per year. These programs shall promote the protection of environmental and historical resources. DRC107-056-FF7 s/2a/2oog 5. The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 6. The project site shall be managed in a manner that protects and enhances the listed and non-listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. 7. A vegetation analysis of the project site shall be performed to determine which areas need a prescribed burning regime implemented to maintain natural fire-dependent vegetative communities. The development of the prescribed burn program shall be coordinated the Division of Forestry. 8. The location and design of any parking facility shall be designed to have minimal impacts on natural resources. The parking area shall incorporate pervious materials wherever feasible. 9. Exotic vegetation shall be removed from the project site. 10. Approximately 20 acres of degraded uplands shall be planted with native vegetation. 11. Approximately 13 acres of degraded wetlands shall be planted with native vegetation. 12. The current flooding problems and the quality of surface waters shall be improved by the installation of stormwater facilities on the project site that provide wildlife habitat and/or open space in a park like setting. The development of the stormwater facilities shall be coordinated with the St. Johns River Water Management District. 13. Any proposed stormwater facility for the project site shall be designed to provide recreation open space or wildlife habitat. 14. 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. 15. A feral animal removal program shall be developed and implemented for the project site. 16. A professional archaeological survey of the entire project site shall be conducted prior to any development activity. This survey shall also include a determination of the integrity and extent of master site file number 8LA4007. The results of this survey shall be reviewed in conjunction with the Division of Historical Resources to develop an appropriate protection plan for this historic resource. DRC\07-056-FF7 5f28j2008 17. Sidewalk access shall be provided that safely links the project site with adjacent residential neighborhoods. 18. Bike racks shall be installed to provide an alternative to automobile transportation to the project site. 19. Management of the project site shall be coordinated with local nonprofit environmental organizations. 20. A multi-use nature trail of at least'/4 mile shall be provided on the project site. 21. The development and management of the project site shall be coordinated with the agencies managing the Lake Minneola-Clermont Scenic Trail, to ensure the project site is managed as part of a linked land-based trail system. VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the prof ect complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities maybe allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a governmental agency or anon-governmental person or organization; b. the operation of any concession on the Project Site by anon-governmental person or organization; any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with anon-governmental person or organization; d. any use of the Project Site by anon-governmental person other than in such person's capacity as a member of the general public; DRC\07-056-FF7 5/28/2008 e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with anon-governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph III.1. above, at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt ofwritten notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. IX. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. DRC\07-056-FF7 5/28/2008 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2SSS Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Florida Communities Trust 2SSS Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street DRC107-056-FF7 5/aa/2ooa Tallahassee, Florida 32302-1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. performed by an independent certified public accountant ("IPA") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. X. DEFAULT; REMEDIES; TERMINATION 1. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. XI. STANDARD CONDITIONS DRC\07-056-FF7 5/28/2008 io 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et se .), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement including Exhibit "A" embodies the entire agreement between the parties. DRC\07-OSb-FF7 5/28/2008 11 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: __.-- .__~ ~____~- Pri Name: ~, ..~ f u { ;_'i`°~z ., ,~ ~~ Print N~ e:~ STATE OF FLORIDA COUNTY OF LAKE CITY OF CLERMONT, a local government of the State of Florida By: ~, kl Rata Trv~ll~l V1'l4yor Date: (,~ - ~-C~ ~. Approu d as to Form~and Legality By: _ r Print Name: 'e h rd's The foregoing instru ent was acknowledged before me thi~ day of~lt~n ~ . , 2008, by ~~ u r on behalf of the Local Government, and who is personally known to me. otary Public Print Name~~ne ~/-1/~~/'~/ Commission No. My Commission Expires: ,uw~ waRReN '.,•,'~~ ~'; MY COMMISSION # DD 609133 '~~, ~ EXP{RES: October 26, 2010 ea+d~+ tnrv No~wy Puuwb underwrn.re ;,tom DRC\07-056-FF7 s/2s/2oos iz Witness ~ ~ r~'""' F ~~- I i ~ ~' ,~_ , ~; ~ _ Print N e ~ ,.~~'-~ ~__ ~ frT~ i ~_ Print N .. i- ' STATE OF FLORIDA COUNTY OF LEON FLORIDA COMMUNITIES TRUST By: art,. Janice Browning, ector, ivision of Housing and Community Development Date: ~v ' l•~o" O'g Ay roved as Foc rm and Legality: B Kristen L. Coons, Trust Counsel ~~;. The fo~-~e~oin ~ns~trum nt~was acknowledged before me this day oft-- ~i, , <. 2008, by ~wu~ng, ir~e~br, Division of Housing and Community De opment. She is personally known to me. r r ~ Notary Pub PrintName: ~ ,. Commission No, T~~. ~j j "~%l~S~ My Commis~i~:E~a -~ ~~ Aber g +,~ ` ~ `~ .1 "+, . 9f-' Yins,~a ~ih~ 3g' • ,Lr~ ~~~~~ DRC\07-056-FF7 5/28/2008 13 EXH]BIT "A" T_HE SOUTH ONE HALF ('/=l OF THE FULt_OWSNG DESCRIBED PROPIRTtE5, TO WCT: The East /: of Government Lot 3, ALSO DESCRIBED AS the East'/Z of the West'/~ of the SW '/, of Section 14, Township 22 South, Range 25 East, LESS AND EXCEPT: l=rom an iron pipe set in concrete on Utie West line of Section 14, Township 22 South, Range 25 East, Lake County, Florida, and tying 33 feet South of the center line of State Road 561-A, run thence South along said Section line 910.66 feet; thence North $9°36'22.5" East 986.36 feet to a concrete monument at the Point of Beginning; run thence South 49°15'34" East 143.37 feet; thence South 25°20'19" East 82.74 feet; thence South 47°48'19" East 138.47 feet; thence South 01°23'39" East 131.52 feet; thence South 25°32'04" West 137.76 feet; (hence South 1°18'56° West 169.01 feet; ce as "7 . ee ; ence 't°'f8'~F8 s ee ; e~~ South 47°46'15" East 73 feet, more ar less, to a point on the East tine of Government t_oi 3 in said Section 14; thence Norther{y to the Northeast comer of said Government Lot 3; thence Westerly to the Point of teginning. BEING MORE PARTICULARLY DESCRIBED BY THAT CERTAN BOUNDARY SURVEY PREPARED 6Y SOUTHEASTERN SURVEYING 8~ MAPPING CORP., DATED APRIL 24, 2006, AS FOLLOWS, TO WIT: A portion of Section i4, Township 22 South, Range 25 East, Lake County. Commence at the intersection of the West line of said Section 14 and the South right ofi way tine of State Road No. 561-A, said point being 33.00 feet from, measured at a right angle ta, the existing centerline of said State Road No. 581-A; thence S 00°22'41" W along said West line a distance of 910.66 feet to the West'/. comer of said Section 14; thence S 89°57'46" E along the South tine of the NW '/ of said Section 14 a distance of 673.55 feet to the Point of Beginning, said point being the Northwest corner of the East '/2 of Government Lot 3 of said Section 14; thence continue S 89°57'46" E a{ang said South line a distance of 314.87 feet to a point on the Wes#eriy tine of lands described in Official Records Book 750, Page 876, Public Records of Lake County, Florida; thence along said Westeriy tine the fo{lowing courses and distances: S 49°13'20" E a distance of 143.37 feet; S 25°18'05" E a distance of 82.74 feet; thence S 47°44'05" E a distance of 138.47 feet; thence S 01°21'25" E a distance of 131.52 feet; thence S 25°34'18" W a distance of 137.76 feet; (hence S 01°21'10" W a distance of 169.01 feet; thence S 52°25'46" E a distance of 73.24 feet; thence S 41°16'34° E a distance of 53.33 feet; (hence S 47°44'01" E a distance of 106.02 feet to a point on the East line of said Government Lot 3; thence S 00°03'49" W along the East fine of said Government Lot 3 a distance of 1877.30 feet fo the Southeast corner of said Government Lot 3; thence N 89°03'56" W along the South tine of said Section 14 a distance of 669.94 feet to the Southwest comer of the East %z of said Government Lot 3; thence N dfl°00'53" W along the West fine of the East % of said Government Lot 3 a distance of 2708.86 feet to the Point of Beginning. DRC107-056-FF7 5/9/2008 14 AND Government Lots 1 and 2, South of railroad, and Government Lots 4 and 5, LESS from the intersection of the East right of way of the ACL Railroad with the mid-Section line run Southeasterly along the right of way 1000 feet for the Point of Beginning, East to Lake, return to Point of Beginning, Southeasterly along right of way to South line of Government Lot 5, East to Lake, Northwesterly along take to intersect first line and LESS that part of South 240 feet of Government Lot 5, bounded on East by West line of CSX Railroad right of way, bounded on South by North edge of waters of Palatlakaha River, bounded an West by Easterly shore of waters of Lake Hiawatha for road right of way. AND Frain an iron pipe set in concrete on the West line of Section 14, Township 22 South, Range 25 East, Lake County, Florida, and lying 33 feet South of the center line of State Road No. 561-A, run thence South along said Section line 910.66 feet; thence N 89°36'22.5° E 986.36 feet to a concrete monument at the Point of Beginning; run thence S 49°15'34" E 143.37 feet; thence S 25°20'19" E 82.74 feet; thence S 47°46'19" E 138.47 feet; thence S 01°23'39" E 131.52 feet; thence S 25°32'04° W 137.76 feet; thence S 01°18'56" W 169.01 feet; thence S 52°28' E 73.24 feet; thence S 41°18'48" E 53.33 feet; thence S 47°46'15" E 73 feet, more or less, to a point on the East line of Government Lot 3 in said Section 14; thence Northerly to the Northeast corner of Government Lot 3; thence Westerly to the Point of Beginning. AND That part of the South Half (S'/Z) of Section 14, Township 22 South, Range 25 East, lake County, Florida, tying West of Lake Msnneola and East of the A.C.L. Railroad, LESS AND EXCEPT the following described portion thereof: Commencing on the line of the South Half (S %2) of Section 14, Township 22 South, Range 25 East, at a point intersected by the western right of way line of the A.C.L. Railroad, run Southeasterly along said western right of way line 1000 feet; thence run East to the western shore of Lake Minneola; thence run Northwesterly along the western shore of Lake Minneola to the line of the South Hatf {S %:) of Section 14, Township 22 South, Range 25 East; thence run West to the Point of Beginning. BEING MORE PARTICULARLY DESCRIBED BY THAT CERTAIN BOUNDARY SURVEY PREPARED BY SOUTHEASTERN SURVEYING & MAPPING CORP. DATED APRIL 24,2006, AS FOLLOWS, TO WIT: PARCEL 1: A portion of Section 14, Township 22 South, Range 25 East, take County, Florida: Begin at the intersection of the West line of said Section 14 and the South right of way fine of State Road no. 561-A, said point being 33.00 feet from, measured at a right angle DRC\07-056-FF7 s/~/aoos ~~ to, the existing centerline of said State Road No. 561-A; thence along said South right of way 4ine the following courses and distances: S 89°59'30" E a distance of 890.83 feet to the point of curvature of a curve, concave Southerly, having a cents{ angle of 08°55'40" and a radius of 1200.00 feet; thence Southeasterly along the arc of said curve and along said right of way line a distance of 186.98 feet to the point of tangency of said curve (chord bearing and distance between said points being S 85°31'40" E 186.79 feet); thence S 81°03'50" E along said right of way line a distance of 335.76 feet to the point of curvature of a curve, concave Southwesterly, having a central angle of 43°31'22" and a radius of 1100.00 feet; thence Southeasterly along the arc of said curve and along said right of way line a distance of 835.58 feet to the point of tangency of said curve (chord bearing and distance between said points being S 59°18'09" E 815.63 feet); thence S 37°32'28" E along said right of way line a distance of 2471.98 feet to the point of curvature of a curve, concave Southwesterly, having a central angle of 27°09'09" and a radius of 1242.30 feet; thence Southwesterly along the arc of said curve and along said right of way line a distance of 588.73 feet to the point of tangency of said curve (chord bearing and distance between said points being S 23°57'53" E 583.23 feet); thence S 10°23'19" E along said right of way line a distance of 464.57 feet to a point on the North tine of the South 240.00 feet of Government Lot 5 in said Section 14; thence leaving said right of way line N 89°03'56" W along said North line a distance of 1258.47 feet to the Northwest corner of the South 240.00 feet of said Govemment Lot 5, said point being on the West Line of said Government Lot 5; thence S 00°13'03" W along the West line of said Govemment Lot 5 a distance of 240.02 feet to the Southwest corner of said Government Lot 5, said point being on the South line of the Southwest'/.~ of said Section 14; thence N 89°03'56" W along the South line of said Southwest'/d a distance of 1339.87 feet to the Southwest comer of Govemment Lot 4 of said Section 14; thence N 00°03'49" E along the West tine of said Govemment Lot 4 a distance of 1877.30 feet to a point on the Westerly line of lands described in Official Records Book 750, Page 876, Public Records of Lake County, Florida; thence along said Westerly line the following courses and distances: N 47°44'01" W a distance of 106.02 feet; thence N 41°16'34" W a distance of 53.33 feet; thence N 52°25'46" W a distance of 73.24 feet; thence N 01°21'10" E a distance of 169.01 feet; thence N 25°34'18" E a distance of 137.76 feet; thence N 01°21'25" W a distance of 131.52 feet; thence N 47°44'05" W a distance of 138.47 feet; thence N 25°18'05" W a distance of 82.74 feet; thence N 49°13'20" W a distance of 143.37 feet to a point on the South tine of the NW Y. of said Section 14; thence N 89°57'46" W along the South line of said NW '/ a distance of 988.42 feet to the West'/. corner of said Section 14; thence N 00°22'41" E along the West fine of said NW '/. a distance of 910.66 feet to the Point of Beginning. AND PARCEL 2: A portion of Section 14, Township 22 South, Range 25 East, Lake County, Florida: Commence at the intersection of the West line of said Section 14 and the South right of way line of State Road No. 561-A, said point being 33.00 feet from, measured at a right angle to, the existing centerline of said State Road No. 561-A; thence S 00°22'41" W along said West line a distance of 910.66 feet to the West'/. comer of said Section 14; thence S 89°57'46" E along the South Gne of the NW '/. of said Section 14 a distance of 2576.31 feet to a point on the East right of way tine of the Atlantic Coastline Railroad as shown on the Right of way and Track Map (V.12 Fla -Sheet 11) dated June 30, 1917; DRC\07-056-FF7 59/2008 15 thence S 37°24'31" E along said East right of way line a distance of 16.62 feet to the Paint of Beginning; thence continue S 37°24'31" E along said East right of way line a distance of 1679.72 feet to the point of curvature of a curve, concave Southwesterly, having a central angle of 27°01'12" and a radius of 1973.18 feet, thence Southeasterly along the arc of said curve and along said right of way line a distance of 930.53 feet to the point of tangency of said curve (chord bearing and distance between said points being S 23°53'55" E 921.93 feet), thence S 10°23'19" E along said right of way line a distance of 582.49 feet to a point on the South tine of Section 14, thence leaving said right of way tine and along said Section 14 line S 89°03'56" E a distance of 43 feet, more or less, to a point on the existing waters edge of Lake Minneola; thence Northwesterly along said waters edge to a point on the South line of lands described in Official Records t3ook 1507, Page 1760, Public Records of Lake County, Florida; thence N 81°55'10" W along the South line of said lands to the Point of Beginning. DRC\07-056-FF7 5/9/2008 17