HomeMy WebLinkAbout1998 11 09 Consent Item I
COMMISSION AGENDA
ITEM I
CONSENT X
INFORMA TIONAL
PUBLIC HEARING
REGULAR
November 9. 1998
Meeting
REQUEST: The Community Development Department recommends the City Commission
authorize the Mayor to execute the attached multi-party acquisition agreement
between the Florida Office of Greenways and Trails and the City of Winter
Springs.
PURPOSE:
The City of Winter Springs' application to the Office of Greenways and Trails for
acquisition of connected greenspace within the Town Center was formally
approved by the Secretary of the Department of Environmental Protection with a
letter dated October 13, 1998. The department is requesting that the City enter
into a multi-party acquisition agreement prior to conducting negotiations for
purchase of parcels included in the Winter Springs Town Center greenspace and
trails application.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of260.012 F.S. that state in part: "In order to provide the public
with access to the use, enjoyment and appreciation of the outdoor areas of Florida
and in order to conserve, devdop, and use the natural resources of this state for
healthful and recreational purposes, it is declared to be the public policy of these
state and the purpose of260.011-260.018 F.S. to provide the means and
procedures for establishing and expanding a statewide system of greenways and
trails for recreational standards by which the green ways and trails system shall be
acquired, administered, maintained, used and expanded shall be consistent with
the provisions of260.011-260.018 F.S...."
November 9, 1998
CONSENT AGENDA ITEM I
Page 2
The provisions of260.012 F.S. which state in part: " It is the intent of the
Legislature that these greenways and trails will serve to implement the concepts
of ecosystems management while providing recreational opportunities, including,
but not limited to, horseback riding, hiking, bicycling, canoeing, jogging and
historical and archeological interpretation, thereby improving the health and
welfare of the people."
CONSIDERA TIONS:
. On April 13, 1998, the staff informed the Commission it expected to submit
two (2) grant applications, one to the Florida Department of Community
Affairs (Florida Communities Trust) and to the Florida Department of
Environmental Protection, (Office of Greenways and Trails) in an attempt to
receive grant funds to purchased land for greens pace and trails within the
Town Center.
. The Greenways and Trails Acquisition Program acquires land for public
greenspace and trails. There is no local match required in this program, but
ownership is retained by the State.
. The Secretary of the Department of Environmental Protection advised the City
of its approval status on October 13, 1998. The City's application was ranked
number six out of eighteen applications that are recommended for approval.
FUNDING:
Soft costs associated with acquisition will come from the general fund.
RECOMMENDA TION:
Staff recommends that the City Commission authorize the Mayor to execute the
multi-party acquisition agreement subject to review and approval by the City
Attorney.
IMPLEMENTA TION SCHEDULE:
November 9, 1998
CONSENT AGENDA ITEM I
Page 3
ATTACHMENTS:
1. Letter from Department of Environmental Protection dated 10-13-98.
2. Official ranking of applicants.
3. Florida Department of Environmental Protection multi-party agreement.
COMMISSION ACTION:
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Department of
Environmental Protection
Lawton Chiles
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
Virginia B. Wetherell
Secretary
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October 13, 1998
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Charles C. Carrington
City of Winter Springs
1] 26 East SR 434
Winter Springs, FL 32708
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RE: Winter Springs Town Center - Greenways & Trails Land Acquisition Project
Dear Mr. Carrington:
Thank you for a most impressive presentation during the recent Florida Recreational Trails
Council meeting held in Orlando. As you may know, Winter Springs Town Center ranked
6 out of 18 projects. To help you understand the process, we are providing the following
key information:
PRE ACQUISITION
· Project files have been forwarded to the Division of State Lands (Division), to begin
the mapping and appraisal process. Upon completion of this process, negotiations
with the owner(s) will begin. Please understand these steps can take a year or more
depending upon project ranking and individual acquisition circumstances.
· Once the Division has entered into a contract with the property owner(s), the
acquisition must be approved by the Board of Trustees of the [nternal Improvement
Trust Fund (Trustees).
· No federal development monies should be applied for prior to closing, as this will
complicate the process and may increase the cost of acquisition.
OFFICE OF GREENW A YS AND TRAILS
2600 Blair Slone Road, DEP MS 795
Tallahassee, FL 32399-2400
(R50) 4RR-370 I
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printcd on rccyclcd poper.
Virginia B. Wetherell
September 23, 1998
Page 2
The 1999 project ranking is as foII o\"\"s:
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] LehiJUl Rail Trail Flacler III Alford Arm Leon
2 Healher Island Ivfarion i 11 Cunninl!ham Kc',' Pinc\las
:3 West Oran~e Trail Phase IV Orange 12 Port Tampa friendship Trail Hillsborougll
4 Spring to Spring Vol usia ) -; Sav<lnna:; Buffer St. Lucie
,; Corbctt~Loxalla(chcc Palm Beach 14 TaIJahassec Junction Leon
6 Winter SprinJ;:s TO....'11 Cenlcr Seminole 15 Wilton MOluors 13roward
7 Archer Linear Park AJachua , 16 Spencer RYbovich Palm Beach
8 Weed 011 ISlalld Pi nellas I 17 Old Dixie Highway Dade
,
9 Lecsburt:!-Lady Lake take 11: Ombrcs Trost Palm BC<lch
In accordance with the iVlemorandum of Cnderstanding v,ith the Florida Department of Transportation
(FDOT), the list of projects was reviewed by FDOT.
APPROVED BY: bL~T-
f.-A7irginia . Wetherell, Secretary
Department of Environ11lental Regulation
DATE:
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF GREENW A YS AND TRAILS
MULTI-PARTY ACQUISITION AGREEMENT
Parties to the Multi-Party Acquisition Agreement: City of Winter Springs, Florida, a Florida
Municipal Corporation (City) and the Division of State Lands (DSL) of the Florida Department of
Environmental Protection (DEP).
Eligibility for Funding: The Winter Springs Town Center Greenways and Trails (Project) is currently
on the 1998 Office of Greenways and Trails acquisition list and is currently funded. The City shall obtain
written confirmation from DSL regarding the availability of funds prior to initiating negotiations for any
Parcel within the Project or proceed at its own risk. All reimbursements under this Agreement shall be
contingent upon the availability of funds for the Project and upon final approval of the reimbursement by
the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Trustees).
Parcels Covered by this Agreement: This Agreement covers those Parcels which are wholly located
within the Project boundaries and specifically set forth in Exhibit "B" attached hereto, and incorporated
herein by reference, and in which the city has not acquired an interest prior to the execution of this
Agreement by the City and DSL. The Project boundaries may be amended to include additional Parcels,
delete Parcels or reprioritize Parcels as agreed to by the parties hereto in writing. Any Parcel or Parcels
covered in this Agreement are herein before and hereinafter referred to as Parcel or Parcels.
Appraisal Mapping and Cost: The City shall be responsible for preparing an appraisal map suitable for
use in preparing the appraisal(s) in compliance with the procedures and requirements set forth in Chapter
259, F.S. and Chapter 18-1, F.A.C. The City will contract for and pay all appraisal mapping costs. DSL
shall review and approve in writing the City's appraisal maps prior to the City initiating the appraisal of
one or more Parcels.
Appraiser Selection and Cost: The City shall select appraisers from DSL's current list of approved
appraisers after consulting with DSL. All appraisals prepared pursuant to this Agreement must comply
with the procedures and requirements set forth in Chapter 259, F.S. Chapter 18-1, F.A.C. and the Bureau
of Appraisal's Uniform Appraisal Standards, including but not limited to securing an affidavit from each
appraiser, prior tot he City contracting with each appraiser, which certifies that the appraiser has no vested
or fiduciary interest in the Parcel being appraised. The City will contract for and pay all appraisal costs.
The appraisals may be ordered subsequent to the City acquiring an interest in the Parcel.
Review, Approval and Utilization of Appraisals: DSL will review appraisals obtained pursuant to this
Agreement in accordance with all DSL standards and requirements. Once the appraisal reports are
approved by DSL, they will be utilized as if they were DSL's own. A minimum of two appraisals for
each Parcel covered by this Agreement will be required in order to determine the statutory maximum
value of each Parcel if the fair market value of said Parcel exceeds $500,000. If the fair market value of
said Parcel does not exceed $500,000, then only appraisal is required.
Confidentiality: The City will maintain the confidentiality of all appraisals, offers, and other negotiation
matters as required by Chapter 259, F.S. and Chapter 18-1, F.A.C. The City may disclose such
confidential information only to the individuals, who sign the confidentiality agreement, attached hereto
and made part of this Agreement as Exhibit "A".
Requests to add persons to the disclosure list must be made in writing and the City must receive the
written consent of DSL. All confidentiality requirements outlined above shall apply to individuals added
to the list.
ccc\OOT Multi-Party Acquisition Agree.
Page I of8
November 4, 1998
Negotiations: Negotiations with the owners of all Parcels will be conducted by the City, or its authorized
representative, in a manner which will assure that the most favorable price and terms are obtained for the
Trustees. The City will maintain appropriate records documenting the negotiations for each Parcel. The
City will notify DSL when negotiations commence and when negotiations terminate, and provide DSL
with a copy of its negotiation file at the conclusion of its involvement with each Parcel. The city
understands that DSL must follow the requirements set forth in Chapter 259, F.S., and Chapter 18-1,
F.A.C., in acquiring from the City any interest, which the City may acquire in any Parcel. All contracts in
which the Trustees are a party or in which the Trustees are intended to become a party must be on an DSL
approved form and must be reviewed and approved by DSL prior to its use in negotiations.
Terms and Conditions of Transfer:
1. Should the City secure an option(s) for the purchase of one or more Parcels within the
Project, the City shall offer the Trustees an assignment of the option(s) with the right to
purchase the Parcel from the owner(s).
2. If the Trustees are unable, for any reason, to acquire the City's interest in an option to
purchase the Parcel, the City may elect to acquire the Parcel for subsequent resale to the
Trustees. The City understands that the terms and conditions of this Agreement shall apply to
any conveyance from the City to the Trustees.
3. If the City elects to purchased the Parcel from the owner, and then convey the Parcel to the
Trustees, the Trustees' purchased price shall be the lesser of the city's purchased price or the
maximum approved value of the Parcel as determined in accordance with Chapter 259, F.S.
and Chapter 18-1, F.A.C. (Approved Value), plus the City's pre-acquisition costs and closing
costs for purposes of this Agreement, pre-acquisition costs shall be limited to costs for
appraisal mapping and appraisal costs which may include timber cruises. For the purpose of
this Agreement, closing costs shall be limited to the City's actual costs of the survey,
environmental site assessment, title insurance, and other DSL approved acquisition fees
incurred by the City in the City's acquisition of each Parcel within the Project.
Limitations on Financial Responsibility:
1. In no event shall the amount the Trustees pay for any Parcel exceed the Approved Value of
the Parcel as previously defined in this Agreement, plus the City's pre-acquisition costs and
closing costs as previously defmed in this Agreement.
2. DSL reserves the right to revise the Approved Value based on changes in market conditions,
zoning and/or land use until the Trustees acquire an interest in the Parcel.
3. DSL may elect, at its sole option to reimburse only one or more of the pre-acquisition and
closing costs, referenced below in this paragraph, should the parties to this Agreement decide
not to purchased any Parcel from an owner and closing with the owner therefore does not
take place. Reimbursable pre-acquisition and closing costs for a Parcel which is not closed
shall be limited to the actual costs of appraisal mapping and appraisals, surveys,
environmental site assessments, and title commitments. Reimbursable closing costs or pre-
acquisition costs for a Parcel which is not closed shall be paid in the manner provided herein
for reimbursement and shall not include acquisition fees, recording fees, or ot~er expenses
that are incurred in the actual purchased and closing of a Parcel.
ccc\OnT Multi-Partv Acouisition Aaree.
Pae:e 2 of8
Novemher 4. 19911
Contacts: The following persons are designated as the contacts. for the parties for matters relating to this
Agreement:
DSL
John E. Browne
Division of State Lands
Department of Environmental Protection
3900 Commonwealth Boulevard, MS 115
Tallahassee, Florida 32303
City of Winter Springs
Charles C. Carrington, AICP,
Community Development Director
1126 East State Road 434
Winter Springs, Florida 32708-2799
Special Conditions: All conveyances and transfers from the City to the Trustees will be subject to all
applicable laws, rules, and policies in effect at the time of the conveyance and/or transfer, and the
approval of the City and/or Trustees. The City understands that while the Project is currently funded,
DLS cannot assure the continued availability of funds. The City understands that it is at risk in its efforts
to acquire an interest in the Parcels and that the City shall have no recourse whatsoever against DSL, DEP
or the Trustees if the Trustees fail to acquire the City's interest in any Parcel due to the unavailability of
funds. This Agreement shall remain in effect for a period of eighteen (18) months from the date the last
party executes this Agreement.
Witness
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
DIVISION OF STATE LANDS
By:
Witness
Title:
Date:
Approved as to form and legality:
By:
ccc\OOT Multi-Partv Acauisition Allrec.
Pal!e 3 of 8
Novemhcr 4. 199R
CITY OF WINTER SPRINGS, FLORIDA
A FLORIDA MUNICIPAL CORPORA nON
By:
Witness
Title:
Witness
Date:
Approved as to form:
By:
Attest:
Margo M. Pierce, City Clerk
ecc\OGT Multi-Party Acquisition Agree.
Page 4 of8
November 4, 1998
EXHIBIT A
CONFIDENTIALITY AGREEMENT
DATE
NAME
SIGNATURE
~ayorPauIP.Partyka
Deputy ~ayor
Cindy Gennell
Commissioner
David ~cLeod
Commissioner
Robert S. ~iller
Commissioner
Edward ~artinez. Jr.
Commissioner
~ichael S. Blake
Ronald w. ~cLemore
City ~anager
Charles C. Carrington, AICP
Community Development Dir.
Thomas Grimms, AICP
Compo Planning Coord.
Robert Guthrie. Attorney
~argo ~. Pierce, C~C
City Clerk
Shirley A Frankhouser
Adm. Secretary
ccc\OGT Multi-Party Acquisition Agree.
Page 5 of8
Novcmber 4. 1998
Parcel Owners
Owner
Address
Schrimsher Land FW1d 1985 Lt &
Schrimsher. Land Fund V Lt et al
600 East Colonial Dr. Suite 100
Orlando, FL 32803-4647
Lewis & Juanita Blumberg
1130 East SR 434
Winter Springs, FL 32708
Parker, Edward H & Sue S & Co Trust
Parker, Richard H et al
3798 Kinsley Place
Winter Park, FL 32792-6233
Spring Land Inv Ltd
c/o Euro Capital Partners
175 Lookout PI. Suite 201
Maitland, FL 32751-4496
Jessup Shores Partnership
c/o Euro Capital Partners
175 Lookout PI. Suite 201
Maitland, FL 32751-4496
William E. Hatfield
1116 East State Road 434
Winter Springs, FL 32708
Jeno F. Paulucci
201 W. First Street
Sanford, FL 32771-1273
Theodor & Anna M. Feichtner
P.O. Box 951677
Lake Mary, FL 32795-1677
Guy & Rita Ferlita
717 Seddon Cove Way
Tampa; FL 33602-5702
ccc\OGT Multi-Party Acquisition Agree.
Page 6 of 8
November 4, 1998
Property Ownership
Acquisition Plan applies to Project Sites with multiple parcels or multiple owners and
means a written description of the priority parcels and the general order in which the
parcels will be acquired to assure that, in the event that all parcels cannot be acquired, the
purposes of the project can be achieved.
Provide tax identification number for all parcels within the project boundary
Parcel Name
Tax ID# Owner(s)
Wetland Park
26-20-30-5AR-OAOO-0050 Schrimsher Land Fund
26- 20- 30-5AR -OAOO-0070
26-20-30-5AR-OAOO-007 A
31-20-31-5BB-0000-00I0
Hickory Park
26-20-30-5AR-OBOO-0280 Lewis & Jauanita Blumberg
26- 20- 30- 5 AR -OBOO-0290
Park Expansion
26-20-30-5AR-ODOO-001O Parker, Edward H & Sue S & Co Trust
26-20-30-5AR-ODOO-0180 Spring Land Inv Ltd.
26-20-30-5AR-ODOO-020A Jessup Shores Partnership
City Park
26-20-30-5AR-OBOO-0260 . William E. Hatfield
26-20-30-5AR-OBOO-026B Jeno F. Paulucci
. 26-20-30-5AR-OBOO-026C Theodor & Anna M. Feichtner
Lake Side Park 26-20-30-5AR-OBOO-0040 Guy & Rita A. Ferlita
26-20- 30-5AR -OBOO-004B
26- 20- 3 0-5AR -OBOO-004C
26-20-30-5AR-OBOO-0 160
ccc\OGT Multi-Party Acquisition Agree. Page 7 of 8 November 4, 1998
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Page 8 of 8
November 4. 1998