HomeMy WebLinkAboutIII (D) Approval and Authorization for Mayor and City Clerk to Execute Participation Agreement with St. Johns River Water Management District Agenda 01-16-2001
Item III D
FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
999100/0100
TO: Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney&/
DATE: January 9, 2001
RE: Participation Agreement with St. Johns River Water Management District for
Land Acquisitions within Crown Point Conservation Area
The St. Johns River Water Management District has agreed to provide the City
of Ocoee with a $600,000 grant in order to acquire lands adjacent to the Coca Cola property
which have been identified by the City and are referred to as the "Crown Point Conservation
Area". This is in response to a grant application by the City seeking a portion of the funds
paid by the Expressway Authority as part of the Western Beltway Mitigation Program.
Attached hereto is a Staff Report from Robert Christianson to the St. Johns
River Water Management District Governing Board which includes a summary of the terms
and conditions of the proposed agreement. The Governing Board approved the agreement at
it's November 8, 2000 meeting and authorized execution following approval by the City.
Subsequent thereto, the City received a proposed Participation Agreement which is attached
hereto. The Participation Agreement reflects input received from the City staff and is
acceptable to the City staff.
For your convenience, attached hereto is a map which depicts the various
parcels within the Crown Point Conservation Area which would be eligible for acquisition
utilizing the grant funds.
Please note that the Participation Agreement provides that the City will be
reimbursed all of its land acquisition costs except for attorney's fees. All expenses are
handled on a reimbursement basis.
We are working with the City Staff on a land acquisition program and the
prioritization of the use of these funds. As various land acquisition agreements are negotiated,
they will be presented to the City Commission for approval.
006.205308.1
I
RECOMMENDATION:
It respectfully is recommended that the City Commission approve the
Participation Agreement with St. Johns River Water Management District with respect to the
Crown Point Conservation Area and authorize execution thereof by the Mayor and City Clerk,
and that the City Commission further authorize the obtaining of necessary appraisals and land
acquisition information in connection with the Crown Point Conservation Area to the extent
such expenses are eligible for reimbursement from St. Johns River Water Management District
under the Participation Agreement.
Attachment(s)
006.205308.1 -2-
Central Florida Beltway Mitigation Properties
Crown Point
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Parcel Tax Id Number Property Owner Approximate Approximate ' City l SJRWNI0
Parcel Acreage Area to Acquire
1 02-22-27-0000-00-002 Maguire,Charlotte 17.32 17.32
2 01-22-27-0000-00-009 Johnson,Albert 25.0 25.0
3 01-22-27-0000-00-008 do Patricia Buck 4.55 4.55
4 01-22-27-0000-00-007 Johnson,Albert 22.1 22.1
5 01-22-27-0000-00-005 Peer, Kenneth 29.25 29 25
6 11-22-27-0000-00-002 Maguire,Mary M 5.9 5.9
Estate
7 11-22-27-0000-00-003 Roper,FL&Mary 35.2 15.0
Ellen,Partnership
8 12-22-27-0000-00-013 Roper, FL&Mary 30.27 12.0
Ellen, Partnership
912-22-27-0000-00-012 Poseidon V 40.9 14.0
Investments
10 12-22-27-0000-00-010 Fullers Crossing 21.4 7,0
LLC
11 12-22-27-0000-00-009 Willis,Beverly Jane 2.3 1.0
&Minor
12 12-22-27-0000-00-008 Fuller Crossing LLC 19.5 17,0
13 12-22-27-0000-00-005 Minor,Miles Lloyd 10.5 9.0
Estate
14 12-22-27-0000-00-046 Sanders,Vicky G 2.53 2.53
15 12-22-27-0000-00-001 Richardson,Ray E 14.11 14.11
16 12-22-27-0000-00-003 Crawford,Gary A& 10.7 10.7
Dana
17 12-22-27-0000-00-041 Church Cornerstone 7.5 7.5
Community Church
18 07-22-28-0000-00-002 OC BCC 6.25 6.25
SOURCE: Orange County Property Appraiser www.ocpafl.orq
PARTICIPATION AGREEMENT
THIS AGREEMENT,made and entered into this day of 2001,
by and between the CITY OF OCOEE, FLORIDA, a municipal subdivision of the
State of Florida, hereinafter referred to as"City", having a mailing address of
Ocoee, Florida and the ST.JOHNS
RIVER WATER MANAGEMENT DISTRICT, a public body existing under
Chapter 373, Florida Statutes, hereinafter referred to as"District"and having a
mailing address of Post Office Box 1429, Palatka, Florida 32178-1429.
WITNESSETH:
WHEREAS, the City has adopted a program for the purpose of preserving
water,wildlife and wilderness resources, and providing for environmental
education and water quality protection through acquisition of environmentally
sensitive lands; and
WHEREAS, the District has the authority under Chapter 373, Florida
Statutes to acquire the fee or other interest in lands necessary for water
management, water supply, and the conservation and protection of water
resources; and
WHEREAS, the District and the City have identified the Crown Point
Conservation Area(the "Property"), lying on the southeast shore of Lake Apopka,
as a potential acquisition area to partially offset adverse environmental impacts
associated with the approved Conceptual Mitigation Plan for the Western
Beltway, S.R. 429 Part C; and
WHEREAS, the City and the District, in recognition of the mutual
preservation efforts and the responsibilities of the other, each desire to enter into
this Agreement to establish a program for the joint acquisition and management
of individual parcels (the "Parcel"or"Parcels")within the Property.
NOW,THEREFORE, the City and the District, for and in consideration of
the sum of ten and 00/100 dollars($10.00), the mutual covenants, and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto, do hereby agree as follows:
1. TERM: This Agreement shall commence on the effective date hereof,
and continue for a term of i) five (5)years, or ii)until the allocation of funding as
provided herein has been expended,whichever occurs first.
2. PURPOSE, PARCEL IDENTIFICATION,AND NEGOTIATION
STRATEGY:The purpose of this Agreement is to provide for the joint funding,
acquisition and management of the Property located and situated in the Crown
Point Conservation Area of Orange County, Florida and to proceed with the
acquisition of any Parcels of the Property that may be appropriate and available
for purchase.The City and the District shall jointly continue the investigation of
the Parcels within the Property and related resource evaluation and agree upon a
list of approved Parcels to be subject to acquisition under this Agreement. Once a
parcel has been approved for acquisition by both parties, the City shall take the
lead in the acquisition process for that Parcel .
3. APPRAISALS: The City shall secure appraisal of the fee simple
interest in the Parcel in accordance with mutually acceptable appraisal standards
and appraiser selection process. Prior to the presentation to the seller of any
offers to purchase, the City shall provide the District with the appraisal.
4. LAND ACQUISITION AND HOLDING OF TITLE:Upon the
signing of this Agreement by both parties, the City,with assistance from the
District, will proceed with the acquisition of the Parcel in accordance with land
acquisition procedures, approved by both City and District. Following approval of
appraisals, the City will proceed with negotiating an Agreement of Purchase and
Sale of the Property(hereinafter"Purchase Agreement"). At closings in which
Western Beltway funding is utilized, the District will purchase from the seller of
the Parcel, the foe simple title to all Parcels acquired under this Agreement. The
District will provide monies to the closing agent, pursuant to a Closing Statement
for each Parcel. As a simultaneous transaction, title to the Parcel will be
transferred by the District to the City pursuant to Section 338.250, Florida
Statutes, Central Florida Beltway Mitigation. At each closing where fee simple
title is transferred by the District to the City, the City shall convey to the District
a Conservation Easement interest in such Parcel, said Conservation Easement
shall he prepared and the form agreed upon prior to closing on any Parcel In no
event shall the District pay greater than appraised value for any parcel, however
this shall not preclude the City from paying a purchase price greater than
appraised value for the fee simple interest in the Parcel, or paying the difference
between appraised value and the purchase price funded by the District, at the
sole discretion of the City.
5. TITLE INSURANCE, ENVIRONMENTAL ASSESSMENT AND SURVEY:
Following execution of a Purchase Agreement and prior to the closing of the Parcel,
the City, with assistance from the District, will obtain a title commitment for an
owner's title insurance policy, an environmental assessment(hereinafter referred to
as"assessment"), and signed and sealed boundary surveys in accordance with
District and City approved standards and procedures. In the event the Purchase
Agreement for the Parcels calls for the title commitment/policy, environmental
assessment or survey to be prepared by the Seller, said Purchase Agreement shall
require such to be prepared in accordance to District and City approved standards
and the same review and Objection process by District and City will proceed in the
same manner as if the title commitment/policy, environmental assessment or survey
were obtained by the City..
The City will certify to the District at each closing where funding from the
Mitigation Plan for the Western Beltway is utilized that the purchase price for the
parcel is i) less than appraised value or equal to appraised value, ii)that a title
insurance policy in favor of the City will be issued at closing, iii)that a survey of the
property has been prepared by a professional land surveyor, iv) that a phase I
environmental site assessment of the property has been prepared, v)that the
appraisal, title commitment, survey and phase I environmental site assessment
meets or exceed the City's requirements for title, survey, and environmental
assessments,vi) that there are no matters shown on the title or survey which would
adversely affect the marketability of the property, and vii) there are no matters
identified in the phase I environmental site assessment that require further
investigation or analysis. In the event the City elects to waive an appraisal, title
policy, survey,or environmental site assessment on any parcel in which beltway
funds are utilized, the City will provide justification to the District, which
justification will require prior District approval. If fee simple title to the parcels
remains with the District, then the District will reserve the right to review and
approve appraisals, title, survey, and environmental aspects prior to closing.
Request from the City for funds to close, and payment by the District of
the purchase price at closing shall be conclusive evidence of acceptance of all
closing related matters by both parties.
6. FUNDING: The District's funding shall be paid from Western
Beltway, SR 429, Part C, Mitigation monies in the amount not to exceed Six
Hundred Thousand and NO/100 Dollars($600,000.00) total for all Property
purchased by the District, including associated costs, under this Agreement.
2
The City shall notify the District of the closing date for the purchase
of each Parcel. Subject to completion of the requirements set forth above and
approval by both parties of the closing documents and closing statement,The
District shall pay to the Closing Agent the purchase price for the fee simple
interest in the Parcel. No purchase price shall be paid to the City by the District
for the Conservation Easement interest in each Parcel to be conveyed to the
District. All pre-acquisition costs for appraisal, and all acquisition related costs
for appraisal, title insurance, survey, recording fees, environmental site
assessments and any other closing costs attributable to the Buyer under the
Purchase Agreement for each parcel shall also be paid by the District or refunded
to the City at each closing;provided, however, the pre-acquisition appraisal costs
maybe reimbursed prior to each closing and all acquisition related costs may be
reimbursed prior to closing in the event the Purchase Agreement for a Parcel is
terminated or otherwise fails to close.
7. CONTINGENCY FOR CITY/DISTRICT APPROVAL:This
Agreement and the Purchase Agreement to be entered into by the parties shall be
subject to the approval of the City Commission of the City of Ocoee. If such
approval does not occur, then neither party is obligated to purchase the Parcel
and the parties are relieved from all further obligations under this Agreement.
This contingency shall be set forth in the Purchase Agreement for each Parcel
acquisition.
8. USE AND MANAGEMENT OF THE PROPERTY: The parties agree
that the City will be Lead Manager for the Property, and any Parcels over which
the District has expended Western Beltway Mitigation Funds for purchase of a
Conservation Easement will only be used for purposes of conservation and water
quality improvement,pursuant to the approved Western Beltway SR 429 Part C
Phase I, Conceptual Mitigation Plan.
The City shall submit annual work plans to the District which outline activities
undertaken by the City on the Property over the prior year and those proposed to
be undertaken over the upcoming year. In addition, the City and the District will
develop a Conservation Easement Documentation Report to document the
existing condition of each Parcel at closing to be utilized as a tool in identifying
future changes to the Property for the purposes of enforcing the terms and
conditions of the Conservation Easement.
9. NOTICES:Any and all notices, requests or other communications
hereunder shall be in writing and shall be deemed delivered or received: i)on the
date of delivery if transmitted by hand delivery with receipt therefore; or ii) on
the date upon which the return receipt is signed or delivery is refused or non-
deliverable, if sent by registered mail/return receipt requested; or iii)on the next
business day, if mailed by any form of overnight mail service, to the following:
To the City: City of Ocoee
150 North Lake Shore Drive
Ocoee, Florida 34761-2258
Attention: City Manager
To the District: St. Johns River Water Management District
Post Office Box 1429
Palatka, Florida 32178-1429
Attention:Director, Department of Operations
&Land Resources
10. NONDISCRIMINATION: During the performance of this
Agreement, the parties agree to abide by the terms of Executive Order 11248 on
nondiscrimination and will not discriminate against any person because of race,
color, religion, sex or national origin. The parties will take affirmative action to
3
ensure that applications are employed without regard to their race, color, religion,
sex or natural origin.
11. ENTIRE AGREEMENT: This Agreement constitutes the entire
agreement of the parties, and there are no understandings dealing with the
subject matter of this Agreement other than those contained herein. This
Agreement may not he modified,changed or amended, except by a writing
signed by the parties hereto.
12 NON-WAIVER OF REGULATORY POWERS: Nothing contained
in this Agreement shall be construed as a waiver of or contract with respect to
the regulatory and permitting authority of the District or the City as they now
or hereafter exist under applicable laws, rules and regulations.
13. NON-WAIVER OF SOVEREIGN IMMUNITY: Nothing
contained in this Agreement or in any instruments executed pursuant to the
terms of this Agreement shall be construed as a waiver or attempted waiver
by the District or the City of their sovereign immunity under the constitution
and laws of the State of Florida;provided, however, that this paragraph shall
not be construed as an attempt by the District or City to negate any partial
waiver of sovereign immunity made by the Legislature under the provisions of
The Tort Claims Act, Section 768.28, Florida Statutes or any future statute or
Act adopted by the Florida Legislature.
14 GOVERNING LAW/ATTORNEY'S FEES: This Agreement shall
be construed and interpreted according to the laws of the State of Florida.
15. EFFECTIVE DATE: For all purposes of this Agreement, the
Effective Date hereof shall mean the date when the last of the City or the
District has executed the same, and that date shall be inserted at the top of
the first page hereof.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement to become effective as of the date and year first above written.
CITY OF OCOEE, FLORIDA
WITNESSES:
By:
,Mayor
Print Name:
Print Name:
Attest:
, City Clerk
Date:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2001, UNDER
AGENDA ITEM NO.
4
ST.JOHNS RIVER WATER
MANAGEMENT DISTRICT
By:
HENRY DEAN
EXECUTIVE DIRECTOR
Date:
FOR USE AND RELIANCE Approved: SJRWMD:
ONLY BY THE CITY OF
OCOEE, FLORIDA,APPROVED
AS TO FORM AND LEGALITY
this day of , 2001
JOHN W.WILLIAMS,ESQUIRE
OFFICE OF GENERAL COUNSEL
Foley&Lardner
,City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day,before mc,an officer duly authorized in the State
and County aforesaid to take acknowledgments,personally appeared
and well known to me to be the Mayor and City Clerk,
respectively,of the CITY OF OCOEE,a Florida municipal corporation,and that they
severally acknowledged executing the same in the presence of two subscribing witnesses
freely and voluntarily under authority duly vested in them by said municipality. They arc
personally known to mc.
WITNESS my hand and official seal in the County and Slate lust aforesaid this
day of 20
Signature of Notary
Name of Notary(Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):__
STATE OF FLORIDA
COUNTY OF PUTNAM
5
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State
and County aforesaid to take acknowledgments,personally appeared WILLIAM W.KERR
and JEFFREY K.JENNINGS well known to me to be the Chairman and Secretary,
respectively,of the Governing Board of the ST.JOHNS RIVER WATER MANAGEMENT
DISTRICT,and that they severally acknowledged executing the same in the presence oftwo
subscribing witnesses freely and voluntarily under authority duly vested in them by said
municipality. They arc personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this
day of ,20
Signature of Notary
Name of Notary(Typed,Printed or Stamped)
Commission Number(if not legible OR seal):
My Conmrission Expires(if not legible on seal):
6
MEMORANDUM
ITEM #22
DATE: November 6, 2000
To: Governing Board
Through: Henry Dean
Executive Director
John R. Wehle
Assistant Executive Director
From: Robert A. Christianson, Director
Department of Operations & Land Resources
SUBJECT: ITEM #22 - APPROVAL AND EXECUTION OF THE JOINT
PARTICIPATION AGREEMENT WITH THE CITY OF OCOEE,
FLORIDA FOR PARTIAL IMPLEMENTATION OF THE
CONCEPTUAL MITIGATION PLAN FOR THE WESTERN
BELTWAY, S.R. 429 PART C.
BACKGROUND
Item #22 in the November 8, 2000, Governing Board folder contains a request for
approval of a Participation Agreement with the City of Ocoee, Florida for partial
implementation of the approved Conceptual Mitigation Plan for the Western
Beltway, S.R. 429, Part C, Phase I.
DISCUSSION
Agreement with the City of Ocoee has since been reached for acquisition and
management of parcels within the Crown Point Conservation Area on the southeast
shore of Lake Apopka, which provides for the following:
1. For a period of up to five (5) years, or until the beltway allocation for this project has
been expended, whichever occurs first, the District and the City will jointly continue to
investigate parcels within the Crown Point Conservation Area, and determine the
appropriate agency to take the lead in the acquisition process.
2. The City will enter into Contracts(s) with the Seller to purchase fee simple interest in
each approved parcel based on the negotiated purchase price.
3. The District will provide monies to the City at closing, pursuant to the Closing
Statement for each parcel, from beltway funding as described above. It is anticipated
that fee simple title will initially be taken by the District, and at a simultaneous closing be
transferred by the District to the City pursuant to the Section 338.250, Florida Statutes,
Central Florida Beltway Mitigation.
Governing Board
November 6, 2000
City of Ocoee
Page 2
4. If fee simple title is transferred to the City at closing, the City will grant to the District at
closing, at no cost to the District, a Conservation Easement over each parcel in which
beltway funding is utilized for purchase of the fee simple interest.
5. The District's maximum participation in purchase of the parcels within the Crown Point
Conservation Area, including associated costs, will not exceed $600,000.00 pursuant to
the Governing Board approved Conceptual Mitigation Plan for the Western Beltway, Part
C, Phase I.
6. All pre-acquisition costs for appraisals, and acquisition related costs for title
insurance, survey, recording fees environmental site assessments and any other costs
attributable to the Buyer for each parcel within the project area will be reimbursable to
the City from Beltway Mitigation Funds.
7. The District and the City will move forward to purchase lands within the project area
up to the $600,000.00 in approved expenditures under the Conceptual Mitigation Plan
without further Governing Board action on a parcel by parcel basis.
8. The City, with assistance from the District, will undertake review and approval of pre-
closing matters, i.e., appraisals, title information, survey, environmental site assessment,
etc. The City will also certify to the District at each closing where beltway funding is
utilized that the purchase price for the parcel is i) less than appraised value or equal to
appraised value, ii) that a title insurance policy in favor of the City will be issued at
closing, iii)that a survey of the property has been prepared by a professional land
surveyor, iv) that a phase I environmental site assessment of the property has been
prepared, v) that the appraisal, title commitment, survey and phase I environmental site
assessment meets or exceed the City's requirements for title, survey, and environmental
assessments, vi)that there are no matters shown on the title or survey which would
adversely affect the marketability of the property, and vii) there are no matters identified
in the phase I environmental site assessment that require further investigation or
analysis. In the event the City elects to waive an appraisal, title policy, survey, or
environmental site assessment on any parcel in which beltway funds are utilized, the City
will provide justification to the District, which justification will require prior District
approval. If fee simple title to the parcels remains with the District, then the District will
reserve the right to review and approve appraisals, title, survey, and environmental
aspects prior to closing.
9. The City will take the lead in management of all parcels acquired within the Crown
Point Conservation Area; the District will be responsible to ensure that the City's
management activities comply with the terms and conditions of the Conservation
Easement and the approved Conceptual Mitigation Plan for the Western Beltway
Mitigation Plan, which provides that the lands purchased with Beltway funds will not be
Governing Board
November 6, 2000
City of Ocoee
Page 3
used for purposes other than conservation or water quality improvements. However,
development of a storm water park, trails and passive recreational amenities on parcels
within the project area will be allowed under the Conservation Easement, provided such
development is consistent with a management plan for the property to be approved by
the District following closing.
RECOMMENDATION
1) Approval and execution of the Participation Agreement with the City of Ocoee,
Florida for acquisition of lands within the Crown Point Conservation Area,
southeast of Lake Apopka, in an amount not to exceed $600,000.00 for partial
implementation of the approved Conceptual Mitigation Plan for the Western
Beltway, SR 429, Part I, based on the terms and conditions outlined above, 2)
authorization to transfer fee simple title to the acquired lands to the City of Ocoee,
Florida for management purposes pursuant to Section 338.250, Florida Statutes,
and 3) authorization for the Governing Board Chairman and Secretary to execute
and deliver any documents and affidavits as may be required to finalize closings
within the project area.
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