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AGENDA BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND JUNE 12,
2003
***************************************************** Item
1
Minutes Submittal
of the Minutes from the February 25, 2003 Cabinet
Meeting. (See
Attachment 1, Pages 1-7) RECOMMEND
APPROVAL ****************************************************** Item
2 DCF
Sub-Sublease Agreement/City of Pembroke Pines/Parra-Diaz Enterprises,
LLC REQUEST:
Consideration of a request by the Department of Children and
Families to approve a sub-sublease agreement between the City of Pembroke
Pines and Parra-Diaz Enterprises, LLC. COUNTY:
Broward
Sub-sublease No. 2628-14-8-St. Lucie
Building APPLICANTS:
Department of Children and Families (DCF), City of Pembroke Pines
(City) and Parra-Diaz Enterprises, LLC (PDE) LOCATION:
Section 16, Township 51 South, Range 41 East; St. Lucie Building
CONSIDERATION:
PDE will pay the City $343,420 annually (24,530 square-feet at $14
per square-foot, which includes utilities and
taxes) STAFF
REMARKS: DFC currently leases
a 300-acre parcel, more or less, in Broward County under Board of
Trustees' Lease Number 2628.
The parcel, formally known as South Florida State Hospital, is now
known as the Howard C. Forman Human Services Campus. On July 1, 2001, the City entered
into a 50-year sublease with DCF for 174.25 acres of the 300-acre
parcel. The City intends to
establish, operate and maintain a human services campus, with other
related uses necessary for accomplishment of this
purpose. On April
15, 2003, the City issued a Request for Proposal (RFP) for the rental of
residential and commercial/institutional buildings on the Howard C. Forman
Human Services Campus. PDE
was the only respondent. The City
is proposing to enter into a sub-sublease agreement with PDE, who will
provide college/university educational opportunities and medical/health
related fields to compliment the human services campus concept. The proposed 24,530 square-foot
sub-sublease site will be the main campus for the Jose Maria Vargas
University (University). The
University is a private state-of-the-art educational institution that will
provide classrooms facilities, administrative offices, labs, study room,
library, cafeteria and a student center on the site. PDE is a
for-profit corporation. The
Department of Environmental Protection, Division of State Lands (DSL) does
not have delegated authority to approve sub-subleases greater than
one-quarter acre in size to for-profit entities; therefore, this
sub-sublease is being submitted to the Board of Trustees for
approval. Pursuant to section
18-2.018(2)(i), F.A.C., the Board of Trustees shall authorize uses of
uplands that will generate income or revenue to a private user, or will
limit or preempt use by the general public, on the basis of competitive
bidding unless the Board of Trustees determines it to be in the public
interest to do otherwise. The
City selected the University using an RFP process that was open to the
public. The RFP process also
allowed the City to consider more than one possible use of its available
space to maximize the public benefits to be derived from the state-owned
land. The sealed bid package
was received from Holland and Knight, LLP, the legal counsel to both PDE
and the University. Board of
Trustees Agenda -
June 12, 2003 Page
Two ******************************************************* Item 2,
cont. The City
has negotiated a price of $14 (includes utilities and taxes) per
square-foot for the facilities.
This rate is based on Department of Management Services rates and
is available to all providers at the facility. Pursuant
to section 18-2.018(1)(a), F.A.C., the decision to authorize the use of
Board of Trustees-owned uplands requires a determination that such use is
not contrary to the public interest. The University will provide (1) South
Florida high school students with the opportunity to attend an institution
that focuses on the development of a student's academic and natural
abilities; (2) a wide variety of medical/health related programs with
expectations of offering additional degree programs including bachelors
and graduate degrees; and (3) flexible admission standards and class hours
to ensure that it is accessible to a large segment of the South Florida
population and as it expands the University will serve as a center of
activity for the East Pembroke Pines area, attracting students, faculty,
staff and visitors to its campus.
For this reason, DSL staff believes that the sub-sublease to PDE is
not contrary to the public interest. A local
government comprehensive plan has been adopted for this area pursuant to
section 163.3167, F.S.; however, the Department of Community Affairs (DCA)
determined that the plan was not in compliance. A compliance agreement between DCA
and the City has been finalized.
The proposed action is consistent with the adopted plan according
to a letter received from the City of Pembroke
Pines. (See
Attachment 2, Page 1-80) RECOMMEND
APPROVAL ******************************************************* Item
3
Schonbrunn Option Agreement/Caloosahatchee Ecoscape Florida Forever
Project REQUEST:
Consideration of an option agreement to acquire 161.3 acres within
the Caloosahatchee Ecoscape Florida Forever project from Mona
Schonbrunn. COUNTY:
Hendry LOCATION:
Section 10, Township 44 South, Range 29
East CONSIDERATION:
$288,000 APPRAISED
BY
SELLER'S
TRUSTEES'
Catlett/Page
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL ACRES
(01/22/03) VALUE PRICE PRICE DATE Schonbrunn 161.3
$290,000
$290,000
$288,000*
$288,000** 120 Days
after
(99%) BOT
approval * The seller purchased the
property in 2001 for $288,000 ** $1,785
per acre STAFF
REMARKS: The Caloosahatchee
Ecoscape project is an "A" group project on the Florida Forever Full Fee
Project List approved by the Board of Trustees on February 25, 2003. The project contains 18,497 acres,
of which 3018.25 have been acquired or protected by a conservation
easement. After the Board of
Trustees approves this agreement, 15,317.45 acres, or 83 percent of the
project, will remain to be acquired.
All
mortgages and liens will be satisfied at the time of closing. There is an ingress and egress
easement along the northern portion of the property and a reservation of
the oil, gas and mineral rights.
The easement and the outstanding reservation were considered by the
appraiser Board of
Trustees Agenda -
June 12, 2003 Page
Three ******************************************************* Item 3,
cont. in the
valuation of the property.
The Department of Environmental Protections' (DEP) Division of
State Lands (DSL) will provide the necessary information to the Fish and
Wildlife Conservation Commission (FWC), the future managing agency, to
satisfy FWC's management needs prior to closing. On June 22, 1999, the Board of
Trustees approved a staff recommendation to delegate to DEP the authority
to review and evaluate marketability issues as they arise on all chapter
259, F.S., acquisitions and to resolve them appropriately. Because these issues were
discovered during preliminary due diligence, further research may change
the facts and scope of each issue and, therefore, DEP staff will review,
evaluate and implement an appropriate resolution for these and any other
title issues that arise prior to closing. A title
insurance policy, a survey, an environmental site evaluation and, if
necessary, an environmental site assessment will be provided by the
purchaser prior to closing. In order
to protect Florida panthers and black bears, large landscape linkages of
land must be protected.
Although large areas are protected to the south within Big Cypress
National Preserve and Everglades National Park, both the panther and bear
populations are dependent on much of the proposed ranch land in Hendry
County. This project connects
at its southern boundary by an abandoned rail corridor with the
Okaloacoochee Slough project.
This
property will be managed by FWC as part of its Management Area
System. This
acquisition is consistent with section 187.201(9), F.S., the Natural
Systems and Recreational Lands section of the State Comprehensive
Plan. (See
Attachment 3, Pages 1-15) RECOMMEND
APPROVAL ******************************************************** Item
4 Palm
Beach County Option Agreement/Pal-Mar Florida Forever Project/Designation
of Managing Agency REQUEST:
Consideration of (1) an option agreement to acquire 2,605.3 acres
within the Pal-Mar Florida Forever project from Palm Beach County; and (2)
designation of Palm Beach County as the managing
agency. COUNTY: Palm
Beach LOCATION:
Sections 05 and 06, Township 41 South, Range 41 East; and Sections
01 through 04 and 10 through 13, Township 41 South, Range 40
East CONSIDERATION:
$2,423,512 APPRAISED
BY
SELLER'S
TRUSTEES'
Banting
Edwards
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL ACRES
(01/16/97)
(12/27/96) VALUE PRICE PRICE DATE Parcel
A
1,966.49
$3,200,000*
$2,630,000*
$1,792,932
**
$1,792,932*** 150 days
after
BOT approval Parcel
B 399.15
$2,000,000*
$1,590,000* $ 363,137
** $ 363,137*** 150 days
after
BOT approval
Banting
(05/14/99) Parcel
C 239.66
$475,000* $ 285,000
** $ 267,443*** 150 days
after
BOT
approval
2,605.30
$2,441,069
$2,423,512
*
Appraised values include additional acreage that will be retained
by the County
** Palm Beach
County purchased Parcel
A/2,889 acres for $2,786,229, Parcel B/1,992 acres for $1,921,452 in
March
1999, and Parcel C/399 acres for $445,739 in April 1999; total
$5,153,420 for 5,280 acres *** $912, $909 and $1,116
per acre Board of
Trustees Agenda -
June 12, 2003 Page
Four ******************************************************** Item 4,
cont. STAFF
REMARKS: The Pal-Mar Florida
Forever project is an "A" group project on the Florida Forever Full Fee
Project List approved by the Board of Trustees on February 25, 2003. The project contains 35,668 acres,
of which 21,789.88 acres have been acquired or are under agreement to be
acquired. After the Board of
Trustees approves this agreement, 11,272.82 acres or 32 percent of the
project will remain to be acquired. Pursuant
to a multi-party acquisition agreement entered into between the Department
of Environmental Protection's (DEP) Division of State Lands (DSL) and Palm
Beach County (County), the County acquired the properties from the John D.
and Katherine T. MacArthur Foundation (Foundation). After approval, the Board of
Trustees will pay the County the appraised value for those portions of
parcels A and B being acquired, and the County's purchase price for parcel
C. County
staff will present the agreement at its next County Commission meeting at
the end of June 2003. If approved today, and upon
receipt of the executed agreement from the County, DEP staff will execute
the agreement on behalf of the Board of
Trustees. All
mortgages and liens will be satisfied at the time of closing. The Foundation has a mitigation
agreement with the County on Parcels A and B. The mitigation agreement is for a
period of 10 years and will expire on March 31, 2009. The agreement allows the
Foundation to use the property for hydrological enhancement, control of
exotic and nuisance plant species, habitat restoration, wetland
restoration, and/or relocation of gopher tortoise, bald eagle and/or other
endangered or protected animal or bird species provided that any such
mitigation activities are at the sole cost and expense of the Foundation
and are approved by the County in writing prior to their
commencement. The County is
currently negotiating with the Foundation to terminate this
agreement. If the parties
cannot come to terms prior to the Board of Trustees purchase, the final
purchase price will be adjusted to reflect the existing mitigation
agreement. There are various
power, phone and drainage easements on the property. The extent of these easements will
be determined when the updated title information is received and the final
survey is complete. There is
a reservation of the oil, gas and mineral rights on the property, of which
all rights of entry and exploration have been extinguished. At the time the appraisals were
completed, all known easements and reservations were considered and do not
affect valuation of the property.
On June 22, 1999, the Board of Trustees approved a staff
recommendation to delegate to DEP the authority to review and evaluate
marketability issues as they arise on all chapter 259, F.S., acquisitions
and to resolve them appropriately.
Because these issues were discovered during preliminary due
diligence, further research may change the facts and scope of each issue
and, therefore, DEP staff will review, evaluate and implement an
appropriate resolution for these and any other title issues that arise
prior to closing. A title
insurance policy, a survey, an environmental site evaluation and, if
necessary, an environmental site assessment will be provided by the
purchaser prior to closing.
The seller will reimburse the purchaser for the purchaser's cost of
the title insurance. Agriculture and residential development have reduced natural
areas in the interior of southeast Florida to fragments. One of the largest and best
fragments, part of what was once a transition zone between pine flatwoods
and the sawgrass marshes of the Everglades, will be protected by the
Pal-Mar project. This
project, by protecting these flatwoods and marshes, will protect habitat
for the endangered Florida panther and snail kite, among other kinds of
wildlife, will preserve natural lands linking the J.W. Corbett Wildlife
Management Area with Jonathan Dickinson State Park, and will provide land
to the public of this fast-growing region for hiking, bicycling, camping,
hunting and learning about the original nature of this part of
Florida. Board of
Trustees Agenda -
June 12, 2003 Substitute
Page Five ******************************************************** Item 4,
cont. Pursuant
to section 259.032(9)(e), F.S., staff recommends that the Board of
Trustees designate the County as the managing agency for this site. The County will manage the parcel
as the Pal-Mar Natural Area. This
acquisition is consistent with section 187.201(9), F.S., the Natural
Systems and Recreational Lands section of the State Comprehensive
Plan. (See
Attachment 4, Pages 1-32) RECOMMEND
APPROVAL ******************************************************** Substitute
Item 5
Southern Golden Gate Estates/Everglades Restoration Project
Discussion DEFERRED
FROM THE MAY 28, 2003 AGENDA DEFERRED
FROM THE APRIL 8, 2003 AGENDA DEFERRED
FROM THE MARCH 25, 2003 AGENDA REQUEST: A
discussion concerning issues between Collier County and the State of
Florida regarding the Everglades restoration project within Southern
Golden Gate Estates (SGGE). STAFF
REMARKS: The Board of
Trustees expressed an interest in meeting with the Collier County
Commissioners to discuss issues between Collier County (County) and the
State of Florida and propose ways to better work together to insure the
successful completion of the Everglades restoration project within
SGGE. The Department of
Environmental Protection's Division of State Lands invited the Honorable
Tom Henning, Chairman of Collier County Commission, and his fellow Collier
County Commissioners to participate in the discussion. The
following questions have been submitted as topics of
discussion: * On
Tuesday, March 13, 2001, the Collier County Commissioners approved
Resolution No. 2001-89, a "Resolution providing for the Establishment of
Earthmining, Conditional Use "1" of the "A" zoning district, pursuant to
section 2.2.2.3 of the Collier County Land Development Code for property
located in Section 16, Township 50 South, Range 26 East, Collier County,
Florida." Included was
the approval of Conditional Use Petition #CU-2000-16 and Commercial
Excavation Permit No. 59.764 for the benefit of landowner Jesse
Hardy. The land development
code for Collier County has designated this area as "rural and
agricultural area". SGGE has
also been mapped and identified as a Natural Resource Protection Area
Overlay on the Golden Gate area future land use map. The SGGE area has also been
designated as a "critical project" under the Federal Water Resources
Development Act. How does
this property qualify for a conditional use permit? Have all the requirements
set forth on the "conditions of approval" to Resolution 2001-89 been
reviewed and approved prior to the current excavation activity and is this
approval consistent with the current comprehensive plan for SGGE?
* What is
the status of the County's potential sale of its interest in the roads
within the SGGE area to the Miccosukee Tribe of Indians of Florida? (See
Attachment 9 submitted with the May 28, 2003
Agenda) RECOMMEND
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