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HomeMy WebLinkAbout1999 10 25 Consent Item A COMMISSION AGENDA ITEM A Consent X Informational Public Hearing Regular October 25, 1999 Meeting Mr~t Authorization REQUEST: The Community Development Department recommends the City Commission authorize the Mayor to execute the attached revised 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 requested 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. On November 9, 1998 the Commission approved a multi-party acquisition agreement which was transmitted to the State on November 17, 1998. On October 12, 1999 the City received a request to approve a revised multi-party acquisition agreement. APPLICABLE LAW AND PUBLIC POLICY: The provisions of260.012 (1) F.S. that state in part: "In order to recognize the benefits of the outdoor areas of Florida, and in order to conserve, develop, and use the natural resources of this state for healthful and recreational purposes, it is declared to be the public policy of this state and the purpose of ss. 260.011-260.018 to provide the means and procedures for establishing and expanding a statewide system of green ways and trails CDD/I0I20/99/I2:58 PM OCTOBER 25, 1999 CONSENT AGENDA ITEM A Page 2 for recreational and conservation purposes which shall be designated as the "Florida Greenways and Trails Systems". The provisions of260.012 (2) F.S. which state in part: "It is the intent of the Legislature that a statewide system of greenways and trails be established to provide open space benefiting environmentally sensitive lands and wildlife and providing people with access to healthful outdoor activities. It is also the intent of the Legislature to acquire or designate lands and waterways to facilitate the establishment of a statewide system of greenways and trails; CONSIDERATIONS: · 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 greenspace and trails within the Town Center. · The Greenways and Trails Acquisition Program acquires land for public greens pace 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. . On November 9, 1998 the City Commission approved a multi-party acquisition agreement which was transmitted to the State on November 17, 1998. . On October 12, 1999 the City received a request to approve a revised multi-party acquisition agreement. . The original agreement approved November 9, 1998 was between the City and the Division of State Lands. The revised agreement includes the Office of Greenways and Trails (OGT) as a party to the agreement. The new agreement requires the City to obtain an affidavit from the appraiser, prior to contracting with the appraiser, which certifies that the appraiser has no vested or fiduciary interest in the parcel. The confidentiality section requires that all papers, letters, maps and other materials related to the acquisition become public record only CDD/IO/20/99/12:58 PM OCTOBER 25,1999 CONSENT AGENDA ITEM A Page 3 when an option contract is executed or two weeks before a contract of purchase is considered by the trustees. OGT may release the appraisal report when the value of the report is considered invalid. The new agreement adds a negotiation section requiring an approved written negotiation strategy prior to initiating negotiations. Detailed procedures are outlined in the agreement. The procedures outlined if the City elects to purchase a parcel and be reimbursed from OGT are different. The new procedure requires an option agreement for sale and purchases by the City. Rather than expressively agreeing to pay the pre-acquisition closing costs the new agreement states that only approved expenses will be paid by OGT. OGT, DEP and DSL are not responsible for documentary stamp taxes. Any City reimbursement expense must be approved in advance. FUNDING: · Soft costs associated with acquisition estimated to be between $15,000.00 and $25,000.00 will come from the General Fund. RECOMMENDATION: Staff recommends that the City Commission authorize the Mayor to execute the revised multi-party acquisition agreement subject to review and approval by the City Attorney. ATTACHMENTS: A. Revised multi-party acquisition agreement received October 12, 1999. B. Florida Department of Environmental Protection multi-party agreement approved on November 9, 1998. C. Official ranking of applicants. D. Letter from Department of Environmental Protection dated 10-13-98. E. Memo to Ronald W. McLemore, City Manager dated 08-12-99. COMMISSION ACTION CDD/I0I20/99/2:44 PM ~.t(l'^ ~...~ .-/., " \.~" ~~..iJi...... I!,.;:~" . ~.''" .,v/f:... . ..,~ ~~ '..' "4"s' ~' <~'-:.":~~: ,:~ .'" ~. ,!~~..... ,So ~.'."'" .... ,.,;,;:t..;-;;;.:\.;,:,,, :;;;:'FLORii5A5f "W'<'" ~ Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 RECEIVED David B. Struhs Secretary October 7, 1999 OCT 1 2 1999 Mr. Charles C Carrington, AICP Community Development Director 1126 East State Road 434 Winter Springs, FL 32708-2799 CITY OF WINTER SPRINGS Community Development RE: Office of Greenways and Trails Winter Springs Town Center Project Dear Mr. Carrington: I have enclosed for your review and execution by the City of Winter Springs (City), the Multi-Party Acquisition Agreement (MPAA) between the Department of Environmental Protection, Division of State Lands, Office of Greenways and Trails (OGT) and the City of Winter Springs. As you know The Florida Preservation 2000 program is in its final year and the Greenways and Trails program has a limited amount of funds available to finish up the current program, which will end June 30, 2000. At the present time the Winter Springs Town Center Project falls within the area designated as eligible for negotiations in the Office of Greenways and Tails workplan. Not all projects that fall within this area will be successfully negotiated, therefore it is necessary to have more projects in the negotiation process than can be funded, Taking this into consideration, it is important for you to know that in order to make sure all funds are successfully encumbered prior to June 30, 2000, funds for parcels eligible for negotiations will be allocated on a first come first serve basis. We will be continuing to evaluate the status of all ongoing negotiations, If we do not have a clear indication that our remaining funds can be expended on parcels within this project arfd others currently being negotiated; it will be necessary to move other projects into the negotiation process. The enclosed MPAA caIls for the City to provide the Appraisal Maps and the Appraisals at the City's sole cost and expense. Please understand that, due to the circumstances explained above, there is a possibility that funding for all or part of the project may not be available when the Maps and Appraisals are complete and negotiations are ready to begin. In this case the State would not be able to proceed with the acquisition of the parcels in which funding was not available, and the City would be responsible for any expenses incurred. Another option for the City would be to consider applying to the Greenways and Trails program under the Florida Forever Act signed into law by Governor Bush on June 8, 1999 - which will continue the country's largest and most successful public land acquisition programs. For more information regarding the new program please contact Suzanne Walker at OGT, (850) 488-3701 Thank you for your patience and cooperation, I will be happy to discuss the MPAA and the acquisition issues with you in more detaiL You may reach me at (850) 488-2351. Sinc rely, ' (?C ,.' (/-'... .At;', .. (,:" L.(.., '-...,..~ , anicc p, Ellison Land Acquisition Agent Bureau of Land Acquisition "Protect, Conserve and Manage Florida's Em'ironment and Natural Resources" Printed on recycled paper. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF GREENWAYS AND TRAILS MULTI-PARTY ACQUISITION AGREEMENT WINTER SPRINGS TOWN CENTER Parties to the Multi-Party Acquisition Agreement: City of Winter Springs, Florida, a political subdivision of the State of Florida (City) and the Office of Greenways and Trails (OGT) 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 (Project) is currently on the OG1's 1999 acquisition list. The City shall obtain written confirmation from OGT 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: For the purpose of this Agreement, each ownership is referred to individually as "Parcel" and two or more ownerships are referred to collectively as "Parcels". This Agreement covers those Parcels which are wholly located within the Project boundaries and specifically set forth in Exhi.bit "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 OGT.'. The Project boundaries may be amended to include additional Parcels, delete Parcels or reprioritize Parcels as agreed to by the parties hereto in writing. 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. Appraiser Selection And Cost: The City shall select two appraisers from DSL's current list of approved appraisers after consulting with the Chief of the Bureau of Appraisal in the 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 Supplemental Appraisal Standards. Prior to contracting with each appraiser, the City shall require an affidavit from the appraiser 10/7/99 Page 1 of 9 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 for each Parcel. The appraisals may be contracted for subsequent to the City acquiring an interest in any 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 one appraisal is required. OGT shall be responsible for the cost of the appraisal review. Confidentiality: Pursuant to Sections 259.041 (7)(e) and 259.041 (8)(c), F.S. and Chapter 18-1, F.A.C., the City will maintain the confidentiality of all appraisals, offers and counteroffers and other negotiation matters until an option contract is executed, or if no option contract is executed, until 2 weeks before a contract or agreement for purchase is considered for approval by the Trustees. The City may disclose such confidential information only to the individuals who sign the confidentiality agreement, 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 OGT. All confidentiality requirements outlined above shall apply to individuals..added to the list. City understands and agrees that all documents, papers, letters, maps, and other materials (collectively, "records") specifically relating to the acquisition of a Parcel will become public record (as defined in Chapter 119, FS) when an option contract is executed, or if no option contract is executed, 2 weeks before a contract or agreement for purchase is considered for approval by the Trustees and at that time all records of City relating to the acquisition shall be subject to public access in the same manner as are other public records, pursuant to the provisions of Chapter 119, FS. This Agreement may be terminated by DSL if City fails to allow public access to any such records pursuant to Chapter 119, FS. However, notwithstanding the confidentiality agreement, pursuant to Section 259.041(7)(e), F.S., OGT may release an appraisal report when DSL has determined that the passage of time has rendered the conclusions of value in an appraisal report invalid. Prior to releasing an appraisal report, OGT will provide written notice to the City that DSL will release an appraisal report. 10/7/99 Page 2 of 9 OSL will require, as a condition of OSL recommending the Trustees approve a purchase instrument, a certification that the City has maintained the confidentiality of the appraisals, offers and counteroffers and other negotiation matters. This certification shall be in the form of a letter signed by legal counsel for the City. Negotiations: The City must submit a written negotiation strategy and receive written approval from OSL prior to initiating negotiations on any parcel. 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 OSL when negotiations commence and when negotiations terminate, and provide OSL with a copy of its negotiation file at the conclusion of its involvement with each Parcel. The City understands that OSL and OGT must follow the requirements set forth in Chapter 259, F.S., 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 OSL approved form and must be reviewed and approved by OSL prior to its use in negotiations. In the performance of its obligations pursuant to this Agreement, the City shall perform as an independent contractor and not as an agent, representative, employee or on behalf of OEP, OSL, or OGT. Terms and Conditions of Transfer: The transfer can occur under one of the following circumstances: 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 or unwilling, for any reason, to accept an assignment of 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 purchase the Parcel from the owner, and then convey the Parcel to the Trustees, the Trustees shall enter into an Option Agreement For Sale and Purchase with the City. Under this Agreement, the Trustees' Purchase Price shall be the lesser of the City's purchase price and closing costs incurred, if any, at the closing between the City and the owner, or the maximum approved 1017/99 Page 3 of 9 value of the Parcel as determined in accordance with Chapter 259, F.S. (Approved Value). For the purposes of this Agreement, closing costs shall be limited to the OGT's approved costs of the survey, environmental site assessment, title insurance, and other OGT approved acquisition fees incurred by the City in the City's acquisition of each Parcel within the Project. OGT will also pay the closing costs incurred to transfer title of each parcel from the City to the Trustees. In addition, OGT will reimburse City's actual pre-acquisition costs, if any, for each parcel transferred to the Trustees. For the purposes of this Agreement, pre-acquisition costs shall be defined as the cost of the Appraisals, Appraisal Mapping and Appraisal Review. 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 stated in this Agreement. The maximum amount for reimbursement for City's pre-acquisition and closing costs, if any, as previously stated in this Agreement, must be approved by OGT and is subject to the limitations contained herein. 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) In no event shall the Trustee's, DEP, DSL or OGT be obligated to payor reimburse any documentary stamp taxes required to be paid by non-exempt parties pursuant to Section 201.01, F.S. 4) The City shall submit a written request for approval of any expenses for which the city expects to receive reimbursement, prior to incurring the costs. 10/7/99 Pa<::re 4 of 9 Contacts: The following persons are designated as the contacts for the parties for matters relating to this Agreement: DSL: Janice Ellison Division of State Lands Department of Environmental Protection 3900 Commonwealth Boulevard, MS 115 Tallahassee, Florida 32303 (850) 488-2351 City of Winter Springs: Charles C. Carrington, AICP, Community Development Director 1126 East State Road 434 Winter Springs, Florida 32708-2799 (40&) 327-1800 OGT: Suzanne Walker Office of Greenways and Trails 2600 Blairstone Road, MS 795 Tallahassee, Florida 32399-2400 (850)488-3701 Management of Properties: OGT will be the lessee of the propery for the Winter Springs Town Center Greenways and Trails project and plans to sublease the property to the City of Winter Springs, who will be the day to day manager of the project. The City understands that parcels purchased under this agreement shall be used to provide public access to designed interconnected greenways, local parks, recreational areas, the town center and other points of interests. The greenspace plan will include multiple parks and trailheads integrated throughout the city. Recreational uses will include walking, hiking, off-road cycling, in-line skating, nature observation, paddling and equestrian use. The City agrees to develop and submit to DEP a management plan in accordance with Chapter 259.032 and 259.034, F.S., and pay the required lease fee upon execution of a lease with the Trustees for each parcel acquired under this agreement. 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 10/7/99 Page 5 of 9 the conveyance and/or transfer, and the approval of the City and/or Trustees. The City understands that while the Project is currently funded, DEP, DSL or OGT 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 OEP, OSL, OGT, or the Trustees if the Trustees fail to acquire the City's interest in any Parcel due to the unavailability of funds, or any other reason. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of State Lands By: Name: Title: Bureau of Land Acquisition Witness Witness Date: Approved es to form and legality: By: Date: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Office of Greenways and Trails Witness DEBORAH PARRISH, Director Date: Witness 10/7/99 Page 6 of 9 City of Winter Springs, a Political Subdivision of the State of Florida By: Witness Title: Witness Date: Approved as to form and legality: By: Date: Attest: 10/7/99 Page 7 of 9 EXHIBIT A CONFIDENTIALITY AGREEMENT The undersigned members and staff of City of Winter Springs, Florida agree to maintain the confidentiality of appraisal information and negotiations concerning the parcels contained in this Agreement for the Winter Springs Town Center Greenways and Trails Project, as required by Chapter 259, F.S., Chapter 18-1, F.A.C., and this Multi-Party Acquisition Agreement. DATE NAME SIGNATURE 10/7/99 Page 8 of 9 CITY OF WINTER SPRINGS, FLORIDA 11 26 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708 Telephone (407) 327-1800 COMMUNITY DEVELOPMENT DIRECFOR November 17th, 1998 Robin Young Acting Director Office of Greenway and Trails 2600 Blair Stone Road Tallahassee, FL 32399-2400 Dear Ms. Young Enclosed is the full executed multi-party acquisition agreement between the Florida Office of Greenway and Trails and the City of Winter Springs. The Administrative Secretary's position in Community Development is vacant and exhibit "B" will ,be. amended to include that name when the position is filled. Sincerely, c.(~~ Charles C. Carrington, AlCP, Community Development Director fsMellers/Office of Greenway & Trails. 1 1-17-98 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 ~pproved appraisers after consulting with DSL. All appraisals prepared pursuant to this Agreement must co'mply with the procedures and requirements set foI1h 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 st~mdards 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\OGT Multi-I'urty ^cquisilion ^Bree. 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 own(,'f(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 detennined 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 eosts 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 defined 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 other expenses that are incurred in the actual purchased and closing of a Parcel. ccc\()(jT Multi-Partv AClIlIisilinn Aarcc. Pal!e 2 of8 Novt.whcr 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. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF STATE LANDS Witness By: Witness Title: Date: Approved as to form and legality: By: ccc\OOT Multi-Partv ^couisit;on ^urcc. Pal!e 3 of 8 Novcmhcr 4. 19911 EXHIBIT A CONFIDENTliALITY AGREEMENT DATE NAME SIGNATURE Mayor Paul P. Partyka Deputy Mayor Cindy Gennell Commissioner David McLeod Commissioner Robert S. Miller Commissioner Edward Martinez. Jr. Commissioner Michael S. Blake Ronald W. McLemore City Manager Charles C. Carrington, AICP Community Development Dir. Thomas Grimms, AICP Compo Planning Coord. Robert Guthrie. Attorney Margo M. Pierce, CMC City Clerk Administrative Secretary Community Development Dpt. 11--<3-~ //-/7-Ycf /1-Z-}L/9t leX -/7- tr ///p-~ /c;t /1-/7-9r ccc\OGT Multi-Party Acquisition Agree. Page 5 of8 vacant November 4, 1998 ~~?~ ess ~C~ V~'- ::pr~A .~ ccc\OGT Multi-Party Acquisition Agree. CITY OF WINTER SPRINGS, FLORIDA A FLORIDA MUNICIPAL CORPORATION By: /t~UtJr7~-- Title: C-.tr';1 M () n ~ 9~l/ Date: I d- I ;). ~ ) q ~ Attest~ ~ . ~;,...... .v Margo . Pierce, City Clerk Page 4 of8 November 4, 1998 ~J- --- - _.__J___ , . \ . . -1~ e ',' a> cD. , . ..... ::\~'.::J~ . ,....... EXHIBIT B eed( l(iT Mlllli-!'alt ." . y AeqIlIS'[IlIlI A glee. Page R or X NO\'Clllht.:1 ". I (JCjX Virginia B. Wetherell September 23, 1998 Page 2 The 1999 project ranking is as [0110\.\'5: [.~RA:&"I('~: ~..... : ~~i;~~~'ii:r,;::~;Eit~.mttm~~~.~ ~~it-1f~~~ :~~1;~g:~~, ':"::.(",.B(.J;\(1':Y"~. . .'K~'\.'K.:' :'::~:"::.~:.~~':~:~;:; ;'PR0~tM~~~W~:.:~~:.~:'~~~1 ::~)~rc-~.tt~.b~: J Lehigh Rail Trail Fla~er 10 Alford Arm Leon 2 Healller Island Y..1arion , II Cunningham Kcv Pillc\las J West Orange Trail Phase lV Orange 12 Port Tampa friendship Trail HillsborouKh , .1 Spring to Spring Vol usia I' SaVmUla:; Buffer St. Luci c .) Corbct.t-Loxahatchcc Palm Bcuch 14 Tallahassee Junction Leon G Winter Spril1~S Towll Centcr Seminole 15 Wiltoll Manors J.3row<1rd 7 Archer Linear Parle Alachua 16 Spencer Rvbovich P..llm Beach 8 Weedon Island Pi nella.> 17 Old Dixic Highway Dade 9 Lecsburg-Ladv Lake Lake ill:\ Ombres Trust Palm Beach In accordance with the Memorandum of Cnderstanding v..;th the Florida Department of Transportation (FDOT), the list of projects was reviewed by FOOT .-,..., APPROVED BY: b. ~-- {;',J\'irginia . Wetherell, Sec.relary Department of Environmental Regulation DATE: ~~~. O)~. , .,,/-\:\ :{OHCi/ON ...r ;. .. .~t.~, .", ".'. .,>tt.-.. _ '1/:.'>' .". .iI.';l[?i:~' . .~ ~ 1S . .0 '.:,"ti ;;:!t1;i3'~~f.':-" G',<': ,":'~i~61~~~ ~;I~~ ~: FLORIDA'~~i~j.3i~ti,,-)~~ :/!~i:~, c::. :',; ':'~...,~. ....,...''''.'''If'......J..4l1..'.-,:.II;j~ .=v..~; ~- -=~~.. ~ A Department of Environmental Protection Lawton Chiles Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 Virginia B. Wetherell Secretary October 13, 1998 . .. .'"' ,,,..,,, 'J ,'" i l ~ I'X"'\:' \. lJ' 1, C ~- ~~_;:~.~ Charles C. Carrington City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 CITV f-'" ~ . . ..', , ,.. ~ ' , " .' (--i.' I vI" "'.',l~ I~.r, '.'.' ,".:.'Jq ~ms.tr!1~ d)~~,\,;liJl'~\bHl~1lt1i ~ ,01 .;~:: .,..#......",. 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 G 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 Internal 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 GREENWA YS AND TRAILS 2(,(J(l Blair Slollc Road, DEP MS 7<)5 Tallahassec. FI..12199-24(JO (X50) 4XX-170 I "Pro(cct. COllservc (lfI(} M(lI!(/!~c nOr/do's [flvlrulllIlCfl( (lmf (--Jowrol ResOllrces" Prilllcd 011 ,ceyclcd lJO/!C'. MEMORANDUM TO: Ronald W. ~re, City Manager Charles ~on, Community Development Director August 12, 1999 FROM: DATE: RE: Town Center Greenspace Acquisition Program Janice Ellison, Office of Greenways and Trails (850-488-2351) advises that the multi- party Acquisition Agreement approved by the City Commission November 11, 1998 and transmitted to the State November 17, 1998 is no longer valid. She is sending a "new form" which must be approved and transmitted. Ms. Ellison said that funds are very limited and they are purchasing land from previous approval periods first. Since the City of Winter Springs ranked six out of the twenty five submittals in 1998, we mayor may not be in the money. Regardless, only those properties actually under contract and committed by June 30, 2000 will be eligible for consideration. MEMORANDUM TO: Andrea Lorenzo-Luaces, City Clerk Charle~~ngton, Community Development Director October 22, 1999 FROM: DATE: RE: Consent Agenda Item A - Attachment D Attached is page 2 of attachment "D" which was inadvertently left out of the Consent Item "A" agenda package. Cc: Ronald W. McLemore, City Manager MayorPaulP.Partyka Deputy Mayor Cindy Gennell Commissioner Robert S. Miller Commissioner Michael S. Blake Commissioner Edward Martinez, Jr. Commissioner David McLeod Charles C. Carrington October 13, 1998 Page 2 POST ACQUISITlON o Following closing, the managing entity will enter into a lease agreement with the Trustees. . A management plan must be approved by the Trustees within twelve months of execution of the lease. Refer to Chapter 259.032(9), Florida Statutes. o The management plan must be developed with input from an advisory group made up of, at a minimum, representatives of the lead land managing agency, co-managing entities, local private property owners, the appropriate soil and water management district, a local conservation organization, and a local elected official. The advisory group must hold at least one public hearing. Refer to Chapter 259.032(10), Florida Statutes. . No development can occur on the property prior to approval of the management plan. All native flora and fauna must be protected. The Office of Greenways and Trails (OOT) is available to guide you in the planning and development of your project. Please clo not hesitate to contact OGT's technical assistance staff at (850) 488-3701 should you need assistance. Sincerely, Robin Young, Acting Director Office of Greenways and Trails R Y: mm cc: John Browne, Division of State Lands t.)f 111 . ~ ~(f/t ~/{M. /PC /~~9!' j JI /1 v/{r. ~~" ~u:/ -{/; tIJI Vh $dl//)a; ;0 ft&~/4'fkge ~'{/ /I!b{f 11{J{/)!~~. ~jt:f/au.'If ;f!vYIWrJtflot {/t;; UW;7./ j/1(f.e.yd~rF- I Uj - ~O~. .v '2 ~~ . ml! 9 ;!-Cu ___tylt\..tc{'))?J' / 0 -j . L. i/t.UJ 0 !-(.[(> / ace-f(... . /, n rJ - / /C. f L{t,yta--()/ f-C-tIV J ,j / /0 0('&&'( )/j "&!.--&I . / I . . '. /l&(L:J:V/C I /!.f!/U.-/vll{ t"l<../ //:1 ;2 I!e 1llttOllft.Jlew ;j)tL.Q) r ~ () Ii /If /1/(1-.,/ ,/-IL / ~ IPf' ;'" OFFICE OF GREENWAYS AND TRAILS"'-"',t /-- 2(i(10 Alai r Slolle Road, DEP MS 795 ///.1 Tallahassee, FL 323')')...2400 . (X50) 4XX...]70 I ..