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HomeMy WebLinkAbout2017 05 08 Consent 302 Torcaso Park Wetland MitigationCOMMISSION AGENDA ITEM 302 Informational Consent X Public Hearings Regular May 08, 2017 KS BF Regular Meeting City Manager Department REQUEST: The Community Development Department requesting City Commission approval of a wetland mitigation plan at Torcaso Park in the amount of $62,500. SYNOPSIS: Implementation of the Torcaso Park Master Plan impacts an existing 0.63 -acre wetland area adjacent to Moss Road. A two -part wetland mitigation plan is proposed at a cost of $62,500 to satisfy the requirements of the St. Johns River Water Management District and the Army Corps of Engineers. CONSIDERATIONS: At the June 13, 2016 City Commission meeting, the Commission approved an update of the Torcaso Park Master Plan (Exhibit A attached). The updated Master Plan includes a new paved parking lot adjacent to Moss Road, north of the playground area. The parking lot is an expansion of the existing parking lot and is intended to serve multiple activity areas at Torcaso Park, including the existing playgrounds, pavilions, and a future multi - purpose gymnasium. The expanded parking lot and associated site infrastructure improvements impact 0.63 acres of forested wetland area. Wetland impacts and the associated mitigation requirements are regulated at the state level by the St. Johns River Water Management District (SJRWMD) and at the federal level by the U.S. Army Corps of Engineers (ACOE). Consent 302 PAGE 1 OF 3 - May 08, 2017 . Wetland mitigation is required to allow clearing and filling of the impacted wetland area. A two -part wetland mitigation plan is proposed, consisting of the purchase of a 2.5 -acre offsite conservation easement to meet the SJRWMD requirements, and the purchase of 0.20 mitigation credits from a wetland mitigation bank to satisfy ACOE requirements. . For the SJRWMD mitigation, the cost is $52,500 and requires the City to execute the enclosed "Mitigation Reservation and Purchase Agreement for Jesup Station Mitigation Area" (Exhibit B). . For the ACOE mitigation, the cost is $10,000 and requires the City to execute the enclosed "Agreement of Purchase and Sale of Mitigation Credits" (Exhibit Q. . Completion of the proposed wetland mitigation is recommended for the long -term implementation of the Torcaso Park Master Plan, even if some of the proposed improvements in Torcaso Park and several years or more away from installation. The City's ability to mitigate wetlands within the Lake Jesup Basin, which is required by SJRWMD, is becoming more challenging and costly due to the limited availability of SJRWMD- approved offsite mitigation lands within the basin. FISCAL IMPACT: The cost of the wetland mitigation is $62,500 and is funded by the One Cent Sales Tax, second generation. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve a wetland mitigation plan at Torcaso Park in the amount of $62,500, and authorize the City Manager and the City Attorney to prepare and execute any and all applicable documents. ATTACHMENTS: Exhibit A - Torcaso Park Master Plan (1 page) Consent 302 PAGE 2 OF 3 - May 08, 2017 2. Exhibit B - SJRWMD Mitigation Reservation and Purchase Agreement (4 pages) 3. Exhibit C - ACOE Agreement of Purchase and Sale of Mitigation Credits (3 pages) Consent 302 PAGE 3 OF 3 - May 08, 2017 7 EXHIBIT A TORCASO PARK MASTER PLAN CITY OF WINTER SPRINGS, FLORIDA DESIGN GUIDELINES G EDUCATIONAL DEVELOPMENT FOR ALL AGES. • INCREASE PARKING STALL QUANTITIES AND DESIGN A NEW TRAFFIC GRID TO SUPPORT NEW PARK FACILITIES. • INCORPORATE NEW ROADS, SIDEWALKS, LANDSCAPE AREAS AND MAIN ENTRANCES TO CONNECT ATTRACTIONS INSIDE THE PARK. • CONNECT THE PARK TO THE COLLECTOR ROADS EXISTING IN THE AREA. • PROVIDE NEW RECREATIONAL SPACES AND WALKING TRAILS TO THE PARK • PROTECT EXISTING LANDSCAPE MATERIAL AS MUCH AS POSSIBLE. • DESTINATION, THEMED EXPERIENCES. ACTIONS tQ ADDITIONAL PARKING AREAS. NEW PARKING STALLS ADDED TO SUPPORT SENIOR CENTER. REMOVE EXISTING BASEBALL FIELD & BASKETBALL COURT. Q RENOVATE EXISTING BASKETBALL COURT. O3 NEW PARK ENTRANCE. NEW ROAD TO CONNECT MULTI - PURPOSE GYMNASIUM WITH N. EDGEMON AVE. NEW PARKING STALLS TO BE ADDED ON STREET TO SUPPORT MULTI - PURPOSE GYMNASIUM. 4O MULTI- PURPOSE GYMNASIUM PARKING AREAS. NEW PARKING LOT SHALL BE PROVIDED BOTH SIDES WETLAND REMOVED ON THE EAST SIDE. Qs MULTI- PURPOSE GYMNASIUM. NEW BUILDING TO PROVIDE MULTI - PURPOSE COURTS & OFFICE SPACES. MINIMUN 20,000 S.F. BUILDING. © NEW OPEN SPACE. NEW OPEN SPACE CREATED BY REALIGNMENT OF N. 1ST AVE. Qi EXISTING CITY BUILDING. TO BE DEMOLISHED FOR OPEN SPACE. ® MULTI - PURPOSE SPACE. OPEN SPACE FOR PASSIVE RECREATION. EXISTING HOUSE TO BE PURCHASED AND DEMOLISHED. O9 GAZEBO. NEW GAZEBO TO BE LOCATED IN THE TREES OVERLOOKING THE POND. Qa NEW DESTINATION PLAYGROUND. NEW THEMED & COGNITIVE PLAYGROUND TO BE INSTALLED. tt NEW PARKING STALLS. NEW PARKING STALLS TO SUPPORT PARK FACILITIES. tz FRISBEE GOLF. NEW FRISBEE GOLF AREA TO BE PROVIDED. O3 NEW MULTI - PURPOSE TRAILS. STREET PARKING. NEW ANGLED STREET PARKING TO BE PROVIDED AT EDGEMON AVE. COLLECTOR ROAD. Q FUTURE CONNECTION TO CROSS SEMINOLE TRAIL LEGEND 0 FACILITY LOCATION ID <•••i ARTERIAL ROAD COLLECTOR ROAD LOCALROAD i MULTI - PURPOSE SIDEWALK NEW LANDSCAPE BUFFER NEW TREE PARK MAIN ATTRACTIONS NEW BUILDINGS PARK ENTRANCE - -- - -- - PARK BOUNDARIES cph. .sE�m " °° W04170 iORCAS� EXHIBIT B Mitigation Reservation and Purchase Agreement (MRPA) For Jesup Station Mitigation Area THIS AGREEMENT is made and entered into this __ day of 2017 by and between Lake Jessup Woods Partnership, a Florida corporation organized under the laws of the State of Florida, and have the ownership rights of the Jesup Station Mitigation Area (JSMA), hereinafter referred to as "Seller ", does hereby agree to reserve and convey to the St. Johns River Water Management District ( "SJRWMD ") on behalf of the City of Winter Springs, hereinafter referred to as "Buyer ", a conservation easement over 2_5 acres of the JSMA as described in Attachment A' attached hereto and incorporated herein by reference (hereinafter, "the Property ") which has been determined to represent at minimum the equivalent of 0.15 UMAM Mitigation Units required by SJRWMD as a permit condition with respect to the permit application described below. 1. At such time as full payment is made, Seller agrees to record a fully executed conservation easement to SJRWMD, in the form and substance of Attachment A, on the Property. In this instance, the Buyer has indicated that this conservation easement is to be obtained for the SJRWMD to offset the wetland impacts, and satisfy a permit condition associated with the permit for Torcaso Park Project in Seminole County (hereinafter, "the Project ") with the SJRWMD Application No. 21637 -3. Seller agrees to convey the conservation easement over the Property free from any liens, encumbrances, or superior easements, and in furtherance thereof, shall obtain and record all releases or subordinations of any existing liens, encumbrances, or easements necessary to comply with the terms hereof. Seller warrants that the conservation easement reserved herein is and will be available for application by the Buyer for satisfaction of the SJRWMD mitigation condition for the Project within the terms described herein. Seller makes no warranty that the mitigation conservation easement reserved herein is sufficient to offset any particular impact associated with the project. 2. Lake Jessup Woods Partnership hereby agrees to execute, convey, and record the conservation easement over the Property in Seminole County to the SJRWMD on behalf of the Buyer within 30 days from the execution of final payment if full payment is made timely. The total purchase price for the conservation easement is Fifty Two Thousand Five Hundred Dollars_ No /Cents 52 500) based on an equivalent price of $350,000 per 1.0 UMAM Unit. This MRPA is subject to acceptance within 30 days of April 18, 2017. Beyond that time, the price and availability of the conservation easement cannot be guaranteed. 3. If Buyer desires a reservation time extension beyond the 30 days warranted by this Agreement, an additional extension of 30 days may be granted by Seller prior to the expiration of this Agreement. Jesup Station Mitigation Reservation & Purchase Agreement City of Winter Springs - Torcaso Park Project - SJRWMD Application No. 21637 -3 4. Full payment is due and payable within 15 days after recipient of the SJRWMD Application /Permit# 21637 -3. TIME IS OF THE ESSENCE. The Seller will require a refundable deposit of 2% of the total purchase price or One Thousand Fifty Dollars No/Cents ($1,050) to hold the reservation for the conservation easement. The deposit is due within 15 days of execution of this agreement. Again the total cost is Fifty Two Thousand Five Hundred Dollars No/Cents ($52,500) based on an equivalent price of $350,000 per 1.0 UMAM Unit. 5. Payment must be made to: Lake Jessup Woods Partnership and delivered to: Hara Management, Inc., 931 S. Semoran Blvd., Suite 214, Winter Park, FL 32792. Upon receipt of the Mitigation Reservation and Purchase Agreement signed by Buyer, Seller's Agent will forward a copy of the mitigation package and Conservation Easement over 2_5 acres to SJRWMD. 6. This Agreement may not be assigned without express written permission for such assignment, signed by both parties. 7. This Agreement is governed by the laws of the State of Florida. Venue for all civil actions relating to this Agreement lies in Seminole County, Florida and Federal actions lies in the Middle District of Florida. 8. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to matters contained herein and the parties agree that there are not commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms hereof may be predicated upon any prior representations or agreements whether oral or written. 9. No modifications, amendment, or alteration in the terms or conditions contained herein will be effective unless contained in a written document executed with the same formality of equal dignity herewith. Jesup Station Mitigation Reservation & Purchase Agreement City of Winter Springs - Torcaso Park Project - SJRWMD Application No. 21637 -3 ATTEST: (CORPORATE SEAL) ATTEST: LAKE JESSUP WOODS PARTNERSHIP Robert Hara Date: CITY OF WINTER SPRINGS Mr. Kevin L. Smith, Winter Springs City Manager Date: Jesup Station Mitigation Reservation & Purchase Agreement City of Winter Springs - Torcaso Park Project - SJRWMD Application No. 21637 -3 ATTACHMENT A SKETCH & LEGAL DESCRIPTION OF MITIGATION TRACT Jesup Station Mitigation Reservation & Purchase Agreement City of Winter Springs - Torcaso Park Project - SJRWMD Application No. 21637 -3 EXHIBIT C AGREEMENT OF PURCHASE AND SALE OF MITIGATION CREDITS This Agreement of Purchase and Sale of Mitigation Credits ( "Agreement ") is entered into as of APRIL __, 2017 ( "Effective Date ") by and between CITY of WINTER SPRINGS ( "Buyer "), and COLBERT- CAMERON MITIGATION BANK ( "Owner "). RECITALS A. Owner owns certain property located in Volusia County, Florida, which Owner has developed into the Colbert- Cameron Mitigation Bank (the 'Bank "). B. The Owner was approved by the United States Army Corps of Engineers ( "USACE ") and the Saint Johns River Water Management District (SJRWMD) to offer for sale Forested Mitigation Credits and Herbaceous Mitigation Credits (collectively "Mitigation Credits ") from the Bank. C. Buyer is seeking to implement the project described on Exhibit A attached hereto (the "Project "), which would unavoidably and adversely impact wetlands, and seeks to compensate for the loss of wetlands by purchasing Mitigation Credits from Owner. D. Buyer desires to purchase from Owner and Owner desires to sell to Buyer Mitigation Credits in accordance with the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Buyer and Owner hereby agree as follows ARTICLE 1. PURCHASE AND SALE OF MITIGATION CREDITS 1.01. Purchase and Sale. Owner shall sell to Buyer and Buyer shall purchase from Owner the Buyer Mitigation Credits on terms and conditions specified in this Agreement. 1.02. Purchase Price. Owner hereby sells to Buyer and Buyer hereby purchases from Owner a total of .20 Mitigation Credits from Bank for a total purchase price ( "Purchase Price ") of ($10,000). The sale and transfer herein is not intended as a sale or transfer to Buyer of a security, license, lease, easement, or possessory or nonpossessory interest in the Property or Bank, nor the granting of any interest of the foregoing. 1.03. Payment The Purchase Price in the amount of ($j9,000) shall accompany this Agreement. Checks should be payable to Colbert- Cameron Mitigation Bank. Upon verification that Buyer has paid the Purchase Price to Seller, Seller shall notify all appropriate parties of the completed transaction. Further, each party shall pay its own legal and professional fees and fees of other consultants incurred with regard to this transaction. ARTICLE 2. MISCELLANEOUS 2.01. Limitation on Liability. Notwithstanding any other provision of this Agreement, in no event will Owner or Buyer be liable to the other party for any indirect, special, consequential or incidental damages, or loss of profits or loss of goodwill, regardless of whether the Owner or Buyer has been informed of the possibility of such damages or is negligent, and whether or not such damages were reasonably foreseeable. 2.02. Captions. All section captions used in this Agreement are for reference only and shall not be considered in interpreting the provisions of this Agreement. 2.03. Inte a. tr�ion. This Agreement contains the entire agreement of Buyer and Owner, superseding any and all prior written or oral agreements between them concerning the subject matter contained herein, and Buyer and Owner hereby release each other from any and all rights, obligations and claims under such prior agreements. 2.04. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of Buyer and Owner. 2.05. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect. 2.06. Counterparts; Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. A facsimile of a duly executed copy of this Agreement shall be deemed for all purposes as receipt of an originally signed document, and any such copy bearing a facsimile signature shall be binding upon, and enforceable against, the party to be charged thereby. 2.07. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future right to enforce such provision or any other provision hereof. 2.08. Governing Law. This Agreement shall be construed in accordance with, and be governed by, the laws of the State of Florida and venue shall be on Seminole County, Florida. 2.09, Court Costs and Fees. In the event of litigation between the parties, the prevailing party shall recover from the non - prevailing party, all costs of litigation and any appeals including but not limited to attorney's fees, expert witnesses fees and costs of suit. 2.10. Construction. Buyer and Owner hereby acknowledge and agree that (a) each party to this Agreement is of equal bargaining strength, (b) each such party has actively participated in the drafting, preparation and negotiation of this Agreement, (c) each such party has consulted or has had the opportunity to consult with such party's own independent counsel, and such other professionals as such party deems appropriate relative to any and all matters contemplated under this Agreement, (d) each such party and such party's counsel and advisors have reviewed the Agreement and following such review each party agrees to enter into this Agreement, and (e) any rule of construction to the effect that ambiguities are to be resolved against the drafting party(ies) shall not apply in the interpretation of this Agreement, or any portions hereof or any amendments hereto. 2.11. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by Buyer or Owner to create a relationship of principal and agent, partnership, joint venture or any other association between Buyer and Owner. IN WITNESS WHEREOF, Buyer and Owner have executed this Agreement as of the date first set forth above. OWNER: COLBERT- CAMERON BUYER: CITY OF WINTER SPRNGS MITIGATION BANK ma ma Name: Name: Title: Title: EXHIBIT A TO AGREEMENT OF PURCHASE AND SALE OF MITIGATION CREDITS DESCRIPTION OF PROJECT TO BE MITIGATED Permittee: CITY OF WINTER SPRINGS USACE No. TBD Project Name: TORCASO PARK EXPANSION PROJECT