Fort Walton Beach Council agenda — 03-13-2007 regular agenda — reading text

September 2006 workshop, the County Commission expressed modest continued interest in the FWB property and asked that the City come forward with an offer and site location at their earliest convenience. At their 26 September 2006 meeting, City Council directed the City Manager to schedule a joint meeting with Okaloosa Board of County Commissioners to further explore their interest in locating the Courthouse Annex Expansion ( CAE) on the 1958 Lewis Turner Blvd. site. On 9 October 2006, the City Council held a joint meeting with the Okaloosa County Board of Commissioners to discuss their interest in locating the CAE at the 1958 Lewis Turner Blvd. property. Council directed staff to work with County staff on alternative locations of JCAE on this property. On 28 November 2006, the City Council voted to accept schematic Plan D- 3 dated 02 November 2006 ( labeled B- 1 by the architect) as a possible location for the Courthouse Annex Expansion and authorized the manager and other charter officers to proceed with preliminary negotiations. Subsequent to the 28 November 2006 meeting the City requested two appraisals of the property located at 1958 Lewis Turner Blvd. to determine the Fair Market Value for sale or lease of that property. Thus far, one valuation from Appraisal Source has been received and one is outstanding. On 23 January 2007 City Council authorized the City Manager and City Attorney to develop an interlocal agreement to transfer the interest in 16. 3 acres of the 1958 Lewis Turner Property, for the purposes of constructing a Courthouse Annex Expansion, for the purchase amount of $ 2, 000, 000, subject to the conditions and terms as outlined in the staff report. DISCUSSION: The City Attorney drafted the interlocal agreement that was circulated among all parties to review. The terms and conditions of the draft agreement are those that were approved by the City Council on 23 January 2007 and the Board of County Commissioners on 26 January 2007. The City Manager and City Attorney then met with the County Administrator and County Attorney to review the draft interlocal agreement and finalize the terms of the agreement. In general terms, the draft Agreement provides for following: 1. Section 1. 1 Transfer of Parcel - Transfer of interest in 16. 3 acres of the 1958 Lewis Turner Property ( as indicated in Exhibit A) to the County for the purpose of construction of a Courthouse Annex Extension 2. Section 1. 2 Price - The purchase price for this parcel is 2, 000, 000. 3. Section 2. 5 Initiation of Development - The County agrees to initiate the developing and permitting of this parcel within three ( 3) years. 4. Section 2, 5, 2Prevailing Standards - The parties agree that the standards of development shall be controlled by the Code of Ordinances and Land Development Code of the County except for the following: a. Maximum height of 50' above ground level. b. Maximum lot coverage of 75%. c. Whether there are adequate public facilities and service availability to serve the development proposed pursuant Page 2  to theConcurrency Management System Element of the Comprehensive Plan of the County. d. Whether the proposed development signage or exterior lighting is consistent with the City sign code provisions. 5. Section 2. 6 Right of First Refusal - City retains the right of first refusal to repurchase the parcel from the County at the repurchase price of $2, 000, 000. 6. Section 3. 1 Joint Use Areas- The parties agree to the joint use of certain parking areas and spaces on the parcel and office space inside the finished courthouse annex extension building for the City' s governmental, emergency operations, recreation and lease or license- holder' s needs. The staffs an(j attorneys of the respective jurisdictions concur on the terms as outlined and attached to this staff report. County Administrator Jim Curry will be available at the meeting to answer any questions regarding this agreement. CONCLUSION: If approved, this interlocal agreement would represent a progressive step forward for the citizens of Okaloosa County; and is an extraordinary example of a collaborative partnership between the two governmental entities working together to best serve the needs of our community. RECOMMENDA nON: Staff recommends entering into an Interlocal Agreement with Oka/ oosa County transferring the interest of 16. 3 acres of property located at 1958 Lewis Turner Blvd., from the City of Fort Walton Beach to Okaloosa County, at the purchase price of $ 2, 000, 000, subject to the conditions, covenants, and terms outlined herein. If approved authorize the Mayor and City Clerk to execute the necessary documents. Respectfully Submitted, iff;~~~~ ger Attachments: Interlocal Agreement Page 3  1 INTERLOCAL AGREEMENT 2 behNeen 3 Okaloosa County, Florida and the City of Fort Walton Beach, Florida 4 regarding 5 Purchase, Development, and Joint Use of Property Located 6 at 1958 Lewis Turner Boulevard, Fort Walton Beach, Florida 7 8 This Interlocal Agreement is made between the City of Fort Walton 9 Beach, Florida, municipality a in Okaloosa County, Florida, (" City"), and 10 Okaloosa County, Florida, a political subdivision of the State of Florida, 11 (" County"), each one being a public agency as defined in Part I of Chapter 12 163, Florida Statutes, and shall be effective as of the date last executed by 13 either party. 14 15 Conditions & Covenants 16 17 The following conditions precedent and covenants shall be considered 18 material elements of this Interlocal Agreement. Whereas, 19 20 A. Chapter 163, Part I, Florida Statutes ( 2006), known as the 21 " Florida Interlocal Cooperation Act of 1969" authorizes local governments to 22 make the most efficient use of their powers by enabling them to cooperate 23 with other localities on a basis of mutual advantage and thereby provide 24 services and facilities that will harmonize geographic, economic, population 25 and other factors influencing the needs and development of local 26 communities. 27 28 B. The " Florida Interlocal Cooperation Act of 1969" permits public 29 agencies to enter into Interlocal Agreements with each other to jointly 30 exercise any power, privilege, or authority which such agencies share in 31 common and which each might exercise separately. 32 33 C. The City owns the real property, referred to in this Interlocal 34 Agreement as the " Parcel," situated at 1958 Lewis Turner Boulevard, Fort 35 Walton Beach, Okaloosa County, Florida, which is more particularly described 36 in Exhibit A attached to this Interlocal Agreement and incorporated by 37 reference. 38 39 D. The County and City have determined that it is appropriate and 40 will promote efficient provision of governmental services for the City to 41 transfer to the County and for the County to accept the transfer of the 16. 3 42 acre Parcel situated at 1958 Lewis Turner Boulevard, Fort Walton Beach, 43 Okaloosa County, Florida.  Interlocali\greernent Page 2 of 16 44 45 E. The County and City have determined that it is appropriate and 46 willpromote efficient provision of governmental services for the County to 47 develop and use the Parcel for the purposes of a courthouse annex extension 48 and similar governmental services. 49 50 F. The County and City acknowledge that the Parcel was 51 purchased by the City on November 30, 2005, and subsequently annexed 52 into the City on April 25, 2006. 53 54 G.The County and City acknowledge that, at the time of execution 55 of this agreement, the City has not amended its Comprehensive Plan to 56 include the Parcel in its Future Land Use Map. 57 58 H. The County and City acknowledge that the City has not 59 established any zoning district designation or use for the Parcel. 60 I. The County and City recognize that section 171. 062, of the 61 Florida Statutes ( 2006), provides that an area annexed to a municipality shall 62 be subject to all laws, ordinances, and regulations in force in that municipality 63 and shall be entitled to the same privileges and benefits as other parts of that 64 municipality upon the effective date of the annexation and that if the area 65 annexed was subject to a county land use plan and county zoning or 66 subdivision regulations, those regulations remain in full force and effect until 67 the municipality adopts a comprehensive plan amendment that includes the 68 annexed area. 69 J. The County and City have determined that it is appropriate and 70 will promote efficient provision of governmental services for the County and 71 City to jointly use certain areas of the Parcel for parking area and spaces and 72 an 800 square foot office space area inside the completed courthouse annex 73 extension building for the City' s governmental, emergency operations, 74 recreational, and lease- or license- holder' s needs. 75 76 NOW, THEREFORE, in consideration of the mutual representations, 77 terms, covenants, and conditions in this agreement, the parties agree as 78 follows. 79 80 Section 1. Contract for Transfer of Real Property 81 82 1. 1 Transfer of Parcel 83 The City agrees to transfer to the County, and the County agrees to 84 purchase from the City, the 16. 3 acre parcel (" Parcel") of real property js; iacourthouse3 6 07fmal draft  Interlocal Agreement Page 3 of 16 85 situated at 1958 Lewis Turner Boulevard, Fort Walton Beach, Okaloosa 86 County, Florida, and more particularly described in paragraph C above. 87 88 89 1. 2 Price; Terms of Payment 90 The purchase price is Two