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HomeMy WebLinkAbout2564 Geib/Bisbee Property Donation Agreement to the COSGEIB/BISBEE ENVIRONMENTALLY SIGNIFICANT PROPERTY DONATION AGREEMENT TO THE CITY OF SANFORD (ST. JOHNS RIVER/LAKE MONROE) This GEIB/BISBEE ENVIRONMENTALLY SIGNIFICANT PROPERTY DONATION AGREEMENT TO THE CITY OF SANFORD (ST. JOHNS RIVER/LAKE MONROE) ("Environmental Land Donation Agreement") dated this 10th day of June, 2024, is entered by and between Hamilton J. Bisbee, Trustee of the Living Trust of Hamilton J. Bisbee under agreement dated April 26, 1999, as may be amended, and Beatrice B. Geib, the Donors (hereinafter collectively referred to as the "DONORS") whose address is 1315 2nd Avenue North, #322, Jacksonville Beach, Florida 32250, but whose notice address is C/O Louise Geib, 1019 Big Pine Key, Atlantic Beach, Florida 32233; and the City of Sanford, the Donee (hereinafter referred to the "CITY") whose address is 300 North Park Avenue, Sanford, Florida 32771. WHEREAS, the DONORS own certain undeveloped environmentally significant lands located in Seminole County, Florida, said lands being located within the jurisdictional limits of the CITY; and WHEREAS, the size of said lands total approximately 9 acres, more or less, and said lands are assigned Tax Parcel Identification Number 23-19-30-300-0010-0000 by the Seminole County Property Appraiser located in Section 23, Township 19 South, Range 30 East in Seminole County (the "Environmentally Significant Property") and as in the attached documents; and WHEREAS, the Environmentally Significant Property lies proximate to a major natural resource of the State of Florida worthy of protection, to wit: the St. Johns River/Lake Monroe; and WHEREAS, the history of the history of St. Johns River is such that it is among the oldest in what became the United States of America and the first outpost on the River was established by the French in 1562 which was 50 years before the first English settlement in Jamestown, Virigina and, later, the Spanish controlled the River and named it the Rio de San Juan, which was translated to the St. Johns River after the English acquired Florida in 1763; and WHEREAS, as of recent times, it has been determined that 3.5 million people are living in communities along the River and the CITY has undertaken great efforts to protect the River in conjunction with other State, regional and local government entities; and WHEREAS, Article 11, Section 7 of the Constitution of the State of Florida relates to natural resources and scenic beauty and provides that "[a]dequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources."; and WHEREAS, the DONORS desires to donate, grant and convey to the CITY all of its rights, title and interest to the Environmentally Significant Property subject to the terms and conditions set forth in this Environmental Land Donation Agreement; and WHEREAS, the CITY desires to accept the conveyance of the Environmentally Significant Property and install and maintain signage on the Environmentally Significant Property recognizing the donation by the DONORS. WITNESSETH. For and in consideration of the mutual covenants, promises and agreements herein set forth, and other good and valuable consideration, the receipt and sufficiency of 2 JPage which is hereby acknowledged, it is agreed as follows in this integrated document: SECTION 1. RECITALS. The above recitals are true and correct and express matters that form and constitute a material part of the consideration of this Environmental Land Donation Agreement upon which the parties have relied. SECTION 2. AGREEMENT TO CONVEY; NAMING OF LAND. (a). The DONORS hereby agree to convey to the CITY and the CITY hereby agrees to accept the donation from the DONORS, of the Environmentally Significant Property which conveyance shall include all of the DONORS' right, title and interests with respect to the Environmentally Significant Property. (b). Title to the Environmentally Significant Property shall be conveyed to the CITY by special warranty deed with the CITY paying ad valorem taxes for the year of Closing and subsequent years although the CITY will be tax exempt in that regard. (c). The CITY shall accept the Environmentally Significant Property subject to zoning, restrictions, prohibitions and other requirements imposed by governmental authorities with jurisdiction and easements for utilities, drainage and ingress and egress as shown on a survey procured by the CITY and the CITY may use the Environmentally Significant Property in such manner and in such ways as to preserve, conserve, and restore the property to keep it in its natural state. (d). The CITY shall place suitable signage of the Environmentally Significant Property after to the effect that the DONORS donated the Environmentally Significant Property to the CITY which signage shall be consistent with City signage style. 3 ci e 11 SECTION 3. TITLE TO THE ENVIRONMENTALLY SIGNIFICANT PROPERTY. (a). The Environmentally Significant Property shall be conveyed free from all mortgages, deeds of trust, liens, security interests and other encumbrances except as noted herein, but without restrictive covenant of any nature. Title shall be good, marketable and insurable at regular rates by a title insurance company of the CITY's choice, issued by the CITY's Closing Agent as defined herein. The CITY may elect to obtain title insurance at its sole cost and expense. (b). If the DONORS are unable because of any defect in title to deliver acceptable title as aforesaid at Closing and the CITY is unwilling to waive such defect, the CITY may either (1). Take efforts to correct the defect if same can be done within a reasonable time not to exceed 90 days from the date of the DONORS' receipt of notice of the defect; or (2). Immediately terminate this Environmental Land Donation Agreement. SECTION 4. SURVEY. The CITY at the CITY's expense, may have the Environmentally Significant Property surveyed (or an existing survey recertified). The DONORS agree to reasonably and fully cooperate in this effort by allowing full access and right of entry to the Environmentally Significant Property for such purposes. 4 1 P a a e SECTION 5. INSPECTION PERIOD. (a). Until July 1, 2024, the CITY shall have the right to make and conduct, and to approve or disapprove, in its sole discretion, the results of the applications, environmental audits, inspections, investigations and surveys all of which will be conducted at CITY's sole cost and expense to determine whether it desires to proceed to Closing. During that period, the CITY, through its authorized agents, employees and independent contractors, shall be entitled to enter upon the Environmentally Significant Property at all reasonable times to perform applications, environmental audits,, inspections and investigations and surveys. Until that date, the CITY may immediately terminate this Environmental Land Donation Agreement. (b). To the extent permitted by law (Section 768.28, Florida Statutes), the CITY agrees to indemnify and hold the DONORS harmless against all liens (whether common law or statutory), claims, demands, and causes of action, including reasonable attorney's fees at the trial level and in any appellate proceeding, for non-payment of labor, services, or materials rendered at the direction of the CITY in connection with the completion or conduct of the applications, environmental audits,, inspections, investigations and surveys, and against liability for damage or injuries to persons or property, arising, directly or indirectly, from any activity on or in connection with the Environmentally Significant Property by the CITY, or its officers or employees. SECTION 6. REPRESENTATIONS AND WARRANTIES. (a). The DONORS warrant and represent that to the DONORS' best knowledge 5 JPage and belief the representations and statements made in this Section are true and correct as of the date of this Environmental Land Donation Agreement. (b). The DONORS hereby warrant and represent that: (1). There are no judgments, order or stipulations and there are no legal actions, suits or other legal or administrative proceedings pending or threatened which will affect the Environmentally Significant Property; (2). No person, firm, corporation or other entity (except the CITY) has any contract, option or right to acquire or lease the Environmentally Significant Property; (3). The DONORS will not create or suffer the imposition of record of any encumbrance or matter affecting title to the Environmentally Significant Property without the CITY's prior written consent; (4). The DONORS will maintain the physical condition of the Environmentally Significant Property in substantially the same condition as now exists; (5). There are no agency actions now pending or, to the knowledge of the DONORS, threatened against the DONORS in connection with the Environmentally Significant Property, and there is no outstanding order, writ, injunction or decree of any court or governmental agency affecting the Environmentally Significant Property; and (6). There are no facts known to the DONORS materially affecting the value of the Environmentally Significant Property which are not readily observable by the CITY or which have not been disclosed to the CITY; and (7). The Environmentally Significant Property is not in violation of any Federal, State or local law, rule, ordinance or regulation relating to hazardous substances or hazardous wastes, or to environmental conditions on, under, on or about the Environmentally Significant Property, including, but not limited to, soil and groundwater conditions, since the DONORS took title. SECTION 7. CLOSING. (a). Closing, conveyance of the Environmentally Significant Property, and delivery of possession shall occur on or before August 1, 2024, allowing a reasonable time for preparation of documents and correction of defects reported as a result of a title examination, survey, or inspections of the Environmentally Significant Property ("Closing"). Closing shall be held at the offices of the "Closing Agent" who shall be the law offices of Stenstrom, McIntosh, Colbert & Whigham, P.A., or at such other place as the parties may agree. The DONORS shall deliver to CITY, at Closing, a fully executed special warranty deed of gift with all common law covenants of title, including the covenant of further assurances, conveying the Environmentally Significant Property in fee simple to CITY, ("Deed of Gift"). The Deed shall be in a form satisfactory to the CITY. (b). All other documents exchanged at the Closing shall be in conformity with the normative requirements in Florida relating to the issuance of title insurance and the like. (c). The CITY shall pay for its own attorney's fees as well as other charges customarily paid at the closing of a real estate transaction in the State of Florida, to the extent that the CITY is not lawfully exempt therefrom; provided, however, that the CITY shall pay the costs of documentary stamp taxes required to record the Deed. (d). The CITY shall provide to the DONORS any appraisal report or reports relating to the Environmentally Significant Property which it may have procured which shall be certified to both the DONORS and CITY if prepared; provided, however, that the CITY is not obligated to procure and appraisal report. (e) All assessments, utility charges and rent, if any, shall be prorated as of the date of Closing. SECTION 8. IRS TAX DEDUCTION. The DONORS may desire to seek a tax deduction for the donation of the Environmentally Significant Property under the provisions of the United States Internal Revenue Code (IRS) and associated provisions of the Code of Federal Regulations, and the CITY shall reasonably cooperate in providing information as to this transaction. SECTION 9. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Environmental Land Donation Agreement is solely for the benefit of the formal parties to this Environmental Land Donation Agreement, and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a formal party hereto. Nothing in this Environmental Land Donation Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any right, remedy or claim under or by reason of this Environmental Land Donation Agreement or any provisions or conditions hereof, other than the parties hereto and their respective representatives, successors and assigns. SECTION 10. TIME OF THE ESSENCE. Time is of the essence of the lawful performance of the duties and obligations contained in this Environmental Land Donation Agreement. SECTION 11. SUCCESSORS AND ASSIGNS. This Environmental Land Donation Agreement and the terms and conditions hereof shall be binding upon and inure to the benefit of the CITY and the DONORS and their respective successors in interest. 8 1 P SECTION 12. APPLICABLE LAW. This Environmental Land Donation Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. SECTION 13. NOTICES. Any notice that is to be delivered hereunder shall be in writing and shall be deemed to be delivered (whether or not actually received) when (i) hand delivered to the official hereinafter designated, or (ii) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties as follows: To the CITY: Craig Radzak Assistant City Manager City of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 With a copy to: Lonnie N. Groot, Esquire Stenstrom, McIntosh, Colbert & Whigham, P.A. 300 International Parkway Suite 100 Lake Mary, Florida 32746 To the DONORS: Louise Geib 1019 Big Pine Key Atlantic Beach, Florida 32233 SECTION 14. BROKERS. The parties represent and warrant to one another that they have not dealt with any realtor, broker, or finder concerning the Environmentally Significant Property. SECTION 15. TERMITE INSPECTION/RADON GAS/MOLD/CONDITION OF THE ENVIRONMENTALLY SIGNIFICANT PROPERTY (FLOOD ZONE, ENERGY AND LEAD-BASED PAINT/DEFECTIVE CONSTRUCTION). The CITY shall evaluate all matters including, but not limited to, termite inspections, radon gas analysis, mold evaluations, flood zone conditions, energy efficiency, lead- based paint presence and defective construction.. The City shall have no obligation relating thereto. The Federal and State governments have designated certain areas as "flood areas". This means they are more likely to have floods than other areas. SECTION 16. CONSTRUCTION OR INTERPRETATION OF THE AGREEMENT. This Environmental Land Donation Agreement is the result of negotiations between the CITY and the DONORS, and both parties have contributed substantially and materially to the preparation of this Environmental Land Donation Agreement. Accordingly, this Environmental Land Donation Agreement shall not be construed or interpreted more strictly against one party than against the other. SECTION 17. BINDING EFFECT. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Environmental Land Donation Agreement, and that it has the legal authority to enter into this Environmental Land Donation Agreement and to undertake all obligations imposed on it. SECTION 18. OTHER AGREEMENTS. THE DONORS warrant and represent that the execution and delivery of this Environmental Land Donation Agreement, the completion of the transaction(s) 1 -, contemplated hereby, and the fulfillment of the terms hereof will not result in a breach of any of the terms or provisions of, or constitute a default under, or conflict with, any agreement, indenture or other instrument to which the DONORS are a party or by which it or the Environmentally Significant Property is bound, or any judgment, decree, order, or award of any court, governmental body, or arbitrator, or any law, rule, or regulation applicable to the DONORS. BY THE DONORS: By: a W'— - — By: Hamifion J. Bisbe , Trustee f t Living Beatrice B. Geib Trust of Hamilton J. Bisbee under Date: o,_ :/A0/2.OZLJ agreement dated April 26, 1999, as may be amended. Date:If Attest: CITY OF SANFORD, a Florida municipal corporation. If By:q4mmyt _ Traci Houchin, MMC, FCRM ` `" -Art Wo ruff City Clerk'F, 'TM, Mayor 7 ,k Date: Approved as to form and legal suf icioncy Y/• D('TJA / Wit 'am L. Colbert / ` City Attorney /� 11 JPage CITY OF SkNFORD WS- RM x FLORIDA 0�. _. Item No. CITY COMMISSION MEMORANDUM 24-155 .LUNE 10, 2024 AGENDA TO: Honorable Mayor and Members of the City Commi giv PREPARED BY: Craig M. Radzak, Assistant City Manage SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, ( _ ity Man r SUBJECT: Real Property Donation Agreement; Geib/Bis Resolution No. 2024-3247; Conservation Land STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront / ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approve Resolution No. 2024-3247, regarding a land donation agreement between property owners Hamilton J. Bisbee, Trustee of the Living Trust of Hamilton J. Bisbee under agreement dated April 26, 1999, as may be amended, Beatrice B. Geib, and the City, is requested. FISCAL/STAFFING STATEMENT: The Seminole County Property Appraiser has set the property's market value at $4,490. The closing costs are being borne by the City and are estimated to be about $500. The City will also pay ad valorem taxes for the closing year. The 2023 tax bill was $59.75. BACKGROUND: The City received an offer about a month ago from Louise Geib, daughter of Ms. Beatrice Geib to donate a piece of property to the City for preservation. The parcel is approximately nine acres in size and is generally located near Lake Monroe between the Townhomes of Lake Monroe and The Preserve subdivision. The land's tax parcel identification number, as assigned by the Seminole County Property Appraiser, is 23-19-30-300-0010-0000. The City evaluated the offer and the property. By being preserved in its natural state the City, can use this as a mitigation bank by preserving, enhancing, and restoring the wetlands and conservation area. Signage will be placed on the property to appropriately recognize the donors and their gift of the property to the City. LEGAL REVIEW: The Assistant City Attorney has assisted with this matter and has no legal objections. RECOMMENDATION: City staff recommends that the City Commission approve the land donation agreement and adopt Resolution No. 2024-3247. SUGGESTED MOTION: "I move to approve the land donation agreement and adopt Resolution No. 2024-3247, as proposed." Attachments: (1). Land Donation Agreement. (2). Seminole County Property Appraiser Record Card. (3). Resolution No. 2024-3247. Resolution No.2024-3247 A Resolution of the City Commission of the City of Sanford, Florida accepting the donation of environmentally significant real property from Hamilton J. Bisbee, Trustee of the Living Trust of Hamilton J. Bisbee under agreement dated April 26, 1999, as may be amended, and Beatrice B. Geib; providing for legislative findings and intent; providing for a savings provision; providing for implementing administrative actions; providing for conflicts; providing for severability and providing for an effective date. Be it adopted and resolved by the City Commission of the City Of Sanford, Florida as follows: Section 1. Legislative Findings and Intent. (a). The City of Sanford has complied with all requirements and procedures of Florida law in processing this Resolution. (b). Controlling Florida law authorizes the City Commission to take any array of actions under its home rule authority to include, but not be limited to, Article VIII, Section 2 of the Constitution of the State of Florida and the provisions of Chapter 166, Florida Statutes, the City Charter of the City of Sanford and other applicable law. (c). The City Commission hereby ratifies and affirms the recitals (whereas clauses) to the agreement entitled "Leib/Bisbee Environmentally Significant Property Donation Agreement To The City Of Sanford (St. Johns River/Lake Monroe)". (d). The City Commission of the City of Sanford hereby finds that actions taken herein are in the public interest and benefits the citizens of the City in numerous ways. Section 2. Approval of Geib/Bisbee Environmentally Significant Property Donation Agreement To The City Of Sanford (St. Johns River/Lake Monroe); Expression of Appreciation. (a). The City Commission of the City of Sanford hereby approves the Geib/Bisbee Environmentally Significant Property Donation Agreement To The City Of Sanford (St. Johns River/Lake Monroe). 1 (b). The City Commission of the City of Sanford hereby expresses its profound appreciation to the donors for the donation of the real property addressed herein.. Section 3. Savings. The prior actions of the City of Sanford relating to the protection and enhancement of natural resources by the City are hereby ratified and affirmed. Section 4. Implementing Actions. (a). The City Manager is hereby granted authority to take any and all necessary administrative actions that may be desirable or necessary to implement the actions taken in this Resolution. (b). The City Attorney is hereby directed to close on the real estate transaction approved herein and to present for execution by the City Manager, or designee, any and all documents necessary to implement the provisions of this Resolution to include, but not be limited to, modifications to the agreement approved by this Resolution. Section 5. Conflicts. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. Section 6. Severability. If any section, sentence, phrase, word or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion of this Resolution not otherwise determined to be invalid, unlawful or unconstitutional. 2 Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption. Passed and adopted this 10th day of June, 2024. Attest: City Commission of the City of Traci Houchin, MMC, FCRM City Clerk E F. For use and reliance of the Sanford. City Commission only. Approved as to form and legality. 4-VTV-[IlXiam L. Colbert, City Attorney f'V tj i/ - P - C/0'X, T— LA 3 SEMINOLE COUNTY PROPERTY APPRAISER nnui—mums r - Parcel 23-19-30-300-0010-0000 Property Address 17-92 HWY SANFORD, FL. 32771 Valuation Method Number of Buildings Depreciated Bldg Value Depreciated EXFT Value Land Value (Market) Land Value Ag Just/Market Value Portability Adj Save Our Homes Adj Non-Hx 10% Cap (AMD 1) P&G Adj Assessed Value 2023 Tax Amount w/o Exemptions/Cap $59.75 2023 Tax Bill Amount $59.75 " Does NOT INCLUDE Ikon Ad Valorem Assessments SEC 23 TWP 19S RGE 30E BEG 2113 FTW&2325.2 FTNOFS 1/2 MI POST RUN W 527 FT N TO S RW 17-92 ELY ALONG S RW TO PT N OF BEG S TO BEG February 22, 2024 09:24 AM Page 112 ROAD DISTRICT $4,490 $0 $4,490 SJWM(Saint Johns Water Management) $4,490 $0 $4,490 FIRE $4,490 $0 $4,490 COUNTY GENERAL FUND $4,490 $0 $4,490 Schools $4,490 $0 $4,490 SPECIAL WARRANTY DEED ADMINISTRATIVE DEED PROBATE RECORDS CERTIFICATE OF TITLE WARRANTY DEED 04/01/1999 03648 0436 $100 No 06/01/1993 02609 0353 $100 No 02/01/1993 02548 1646 $100 No 10/01/1978 01194 0905 $100 No 01/01/1973 00970 1300 $110,000 Yes Vacant Vacant Vacant Vacant Vacant ACREAGE 8.98 $500.00 $4,490 Suburban Utility Information Fire Station Power Phone(Analog) Water Provider Sewer Provider Garbage Pickup Recycle Yard Waste Hauler 31.00 FPL AT&T SANFORD CITY OF SANFORD NA NA NA NA Pnlitir-al Renresentatinn Dist 5 - Andria Herr Dist 7 - Cory Mills Dist 36 - RACHEL PLAKON Dist 10 - Jason Brodeur 6 Region 1 Markham Woods Seminole February 22, 2024 09:24 AM Page 212 D O LL Z cnQ LL 0 } H U Q� w a LU N z O U �, .. 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