Agenda Item: NB-5 Meeting Date: 02/18/16 3.

Agenda Item:
Meeting Date:
NB-5
02/18/16
MEMORANDUM
TO:
City Commission
THROUGH:
Douglas Hutchens, Interim City Manag~
DATE:
February 5, 2016
FROM:
Vince Gizzi, Parks & Recreation Director
SUBJECT:
Real Estate Offers Adjacent to Hammock Park
PRESENTER:
Vince Gizzi, Parks & Recreation Director
RECOMMENDATION:
Not to accept either real estate proposal for purchase of properties adjacent
to Hammock Park
BUDGET IMPACT:
N/A
PAST ACTION:
N/A
NEXT ACTION:
N/A
ATTACHMENTS:
l.
2.
3.
BACKGROUND:
Letter from John F. Freeborn of Freeborn and Freeborn Attorney at
Law representing the Harris Trust dated January 13,20 16
Our Lady of Lourdes (OLL) Prospectus on the Property as provided
by Scott Rehrn, Rehm Realty Group on behalf of OLL
Parks & Recreation Advisory Committee meeting minutes from
January 20, 2016
The City is in receipt of two real estate proposals for purchase of property
adjacent to Hammock Park from private entities.
The first offer is from the Harris Family Trust. It is a single-family
residential house and lot adjacent to the Harris Tract purchased by the City
in May 2007. This property is located at 17 52 Patricia A venue between the
City-owned Harris Tract and Lake Suemar. The City purchased the 5.3
Harris Tract for $600,000 as an addition to Hammock Park, and to provide
eastern public access to the park from Patricia Avenue. In the 2007 Harris
Tract purchase agreement, the City obtained a "first right of refusal" for the
adjoining parcels, should it come on the market. The City is in receipt of a
letter dated January 13, 20 16 from Mr. John R. Freeborn of Freeborn and
Freeborn, Attorney at Law, representing the Harris Trust. This attached
letter is to notify the City that there is an offer of $250,000 on the property
and that we have forty-five (45) days following the receipt of this notice
(January 13, 20 16) as to whether the City desires to purchase the property at
the same price offered to Mr. Harris of $250,000.
The second offer is from Our Lady of Lourdes (OLL) Catholic Church, 750
San Salvador Drive. Approximately 7.4 1 acres of church property being
offered to the City at an initial offering of $1.2 million. This parcel is
contiguous to Hammock Park on the south. Gopher Trail and Palmetto
Trail from Hammock Park extend into this parcel. OLL and Relun Realty
Group are also exploring its development as a single-family residential
subdivision with up to 7 units per acre (approximately 50 units) based on
their research.
The Parks & Recreation Department staff has reviewed both of the offers of
land purchases adjacent to Hammock Park. As the City Commission is
aware this last year, the Department recently completed a short and longterm Strategic Plan. Through community input, benchmarking, and national
standards, the plan helped to identify any areas of deficiencies and to plan
for the future needs of the community. A complete analysis was conducted
of the existing services and types of facilities/amenities offered. Ten
stakeholder groups (i.e. boating, environmental, and athletic advocates)
were interviewed as well, to understand their particular needs.
The final plan identified nineteen (19) recommendations relating to a
variety of operations within the Parks & Recreation Department. Several of
these related to land or facility needs, including the following:
•
•
•
•
•
Provide for parklands within the service gap areas
Replacement of aging facilities (i.e. Highlander Pool)
Development of one additional or replacement dog park
Development of two additional football/soccer fields
Implementation of the Highlander Park Master Plan, including two
additional ball fields
We recognize the value and beauty of the proposed properties adjacent to
Hammock Park. However, staff must also recognize the outstanding natural
areas we have already preserved (145 acres, including over 85 acres at
Hammock Park), as well as the identified parkland deficiencies outlined
above. Therefore, although these two parcels of land would be wonderful
additions to the City's park system, and recognizing that resources are
limited, staff must concede that we have an obligation to first address the
needs identified in the strategic plan.
Staff has met with the Hammock Park Advisory Committee, the Board of
Directors of the Friends of the Hammock, Inc. and the Parks & Recreation
Advisory Committee to discuss these real estate offers adjacent to
Hammock Park. There was open discussion by all three boards, with the
understanding of the City's position. While no official vote was taken by
any of the committees, the Friends of the Hammock and the Hammock Park
Advisory Committee have expressed they would like to see the area
preserved in its natural state. They recognize the current asking price is
very expensive, but would like the City to explore the land value and
purchasing options.
Staff is recommending to the City Commission not to accept either real
estate proposal for purchase of the properties adjacent to Hammock Park.
Wn~~~®F~IWr~~~®KW
attorneys at law
JOHN F FREEBORN
360 MONROE STREET
DUNEDIN, FLORIDA 34698
FLOR ID.\ P.AR (;ERI"It"IEil 1\"II. I.S. TIU!~TS & ESTAT ES
January 13, 2016
ALISON K. FREEBORN
JOHN B. FREEBORN (1925-2008)
18V HAND DHI VIE~V AND
CERTIFiED MAiL, RH!JRI\l
!RfECE~Pl
Tel: (727)733-1 900
Fax: (727) 733-6362
email: [email protected]
website: w1vw.freeborn law.com
RIEQUESTEID
Mr. Robert DiSpirito
City Manager City of Dunedin
542 M ain Street
Duned in, FL 34698
Re:
Inez Harris and Robert V. Harris, Trustees of ~he Harris Trust dated 5/5/1991
Righi: of First Refusal
Dear Mr. DiSpirito:
On behalf of Robert V. Harris and the Harris Trust, this letter is to notify the City of a
bonafide offer to purchase the property owned by the Harris Trust and Inez Harris and covered
by the Right of First Refusal Agreement dated June 15, 2007. I have enclosed a copy of the
contract and a copy of the Right of First Refusal Agreement for your information.
We would appreciate your response to whether the City desires to purchase the property
as soon as possible. Please do not hesitate to call me if you have any questions.
Sincerely yours,
JFF:mm
/.
Prepared by and Return to:
John G. Hubbard, Esq.
Frazer, Hubbard, Brandt, Trask & Yacavone, LLP
595 Main Street
Dunedin, Florida 34698
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YIH!X~ ~~~lf!EIMJ!EINJ"ll' made and entered into this 151h day of June, 2007 by and
E~IE~ 1Hl~~IIU$i lalll'il<lll ~@~IE~"ii' Wla IHl~fR?.IR{R~, 1T~I!.D$'U'IEIE$i @!r 'il'IHl!E IHlb\IR&fR?.E~
IR&IE~"\Ql<.C~~ILIE 1TIR&{IJ)§"l!' &GIR&IEIEIMJ!Eii\911" IOl~"ll'IEID> IMl~fR?.<CIHl ~~ :ll.~®ll. ("Harris") and the telrli"'f (Q)IF
between
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A IMJllJiiNJXICEWI~!!.. <C@I:R?.!P>©(R{A1TE<Ql!NI CO>!F ii"IH!IE ~~1r~ @fr IFI1.@~X[O)~ ("City"):
~lr'lfL\'1 IE~~IE'if!Hl ~
For and in consideration of the sum of ten dollars and 00/1001hs ($10.00) and other
good and valuable consideration the sufficiency and receipt of which are hereby
acknowledged and in consideration of the sale of certain real property from Harris to t he
City of even date herewith, t he parties do hereby agree as follows:
(1)
Harris does hereby give and grant unto the City the right to purchase t he
property owned by the Trust and presently occupied b)f Inez H arris,
hereinafter. referred to as the "Property", and as further described on Exhibit
" A" attached hereto and incorporated herein by reference. Such Property is
immediately adjacent to certain lands being· purchased by the City of even
date herewith .
(2)
In the event that the Trust shall have a bonafide offer to purchase the
Property, Harris shall notify the City in writing at the following address: City
Manager, City of Dunedin, 542 Main Street, Du11edin, Florida 34698, or at
such other address as the City shall then occupy as its City Hall. Such notice
shall be in writing, and shall be forwarded to the City by regular mail and by
certified mail, return receipt requested.
In such not ice Harris shall notify the City, in writing, of such bonafide offer
stating the price and other terms, and shall include an exact and com plete
copy of t he contract or offer upon which such notice is based.
The City shall have forty five ( 45) days following receipt of the said written
notice within which to notify Harris at the address specified in the not ice, In
writing, as to whether the City desires to purchase the Property at the same
priCe, and on the same te·rms as contained in the bonafide offer received by
Harris . which are not in conflict with the law governing CitY real estate
purchases.
(3)
The City's exercise of said right of first refusal shall be ~;ommunicated to the
then acting Trustee(s) of the Trust as is specified in the notice to the City.
Such response may be by written communication delivered by U.S. mail, or
certified mail, return receipt requested, facsimile transmission or email, if
such email address is set forth in the notice to the City, or is otherwise known
to the City. Any closing. on such purchase shall be no less than thirty (30}
days from the date of written exercise of this request of first refusal .
(4)
Any neglect or failure on the part of the City to respond to Harris' notice of .
the bonafide offer shall be conclusively deemed to -be an election not to
purchase the Property. .
(5)
If the City elects to purchase the property, Harris shall sell and the Property
for th.e price, and on the terms contained in the bonafide offer. If the City
elects either directly or indirectly not to purchase t he Property in accordance
with the terms and conditions of t he bonafide offer, then Harris sha ll be at
liberty to sell and convey t he Property to the entity making the bonafide offer
for a price equal to or in excess of that contained In the bonafide offer and
under no less onerous terms and conditions.
(6)
In the event that that for any reason, the bonafide offer is not consummated
In accordance with the terms of the bonafide offer, Harris shall notify the City,
and this right of first refusal shall continue in existence unt il the terms of this
offer of first refusal has been complied with.
(7)
This right of first refusal shall continue in full force and effect/ and shall
constitute a right in the City to purchase such property in accordance with the
terms of this Agreement until such time as the City has failed to exercise its
right of purchase as specified herein. This Agreement shall constitute a
covenant running with the land ·until such time as it is extinguished in
accordance with its terms with the City failing to purchase the Property in
accordance with the terms of ~his Agreement, or by purchasing the Property,
at which time this Agreement shall terminate.
(8)
This Agreement shall be recorded In the Public Records of Pinellas Countyr
Florida.
(9)
Enforcement of this Agreement may be by action or law or equity against any
person violating or attempting to violate any portion of this Agreement, either
to restrain violation, or to require by injunction, or otherwise, compliance with
the terms of this Agreement, or to recover damages. The prevailing party
shall be entitled to recover, in addition to all costs allowed by law, such sum
as the court may adjudge to be reasonable for the service of its attorney at
trial or appellate levels.
XINI ~mi!NI(;;~~ WL"ii~ [email protected]" the under"Signed have set their hands and seals this 15th
day of Junec 2007 .
Signed, Sealed and Delivered
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Print Witness Name
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Pri~~sName
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this
-
/~ day of June,
2007, by li:I/I!IIE7l Hfo:.~~X§p 1J'!Rl.IUJ§TIEIE OJ!;: "'J'IHIIE IHI&IRl.IR?.lrS lkl.IE~«:>C~!Blfi..IE ¥1Ri.UJJ§i1i &~~leleOOIE!NI'iT
!O>~TIEIOl ll\JiiA~CIHi Sl17 11.~®1 , ( ) who is personally known to me or <!a who has produced
r/ tJA . (~
IHl~IIU~ICS
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as identification, and by ~Oll81ff~Y o/1. IXI&ml.~JI~11 1r~IU§TIEfE Olf 'liiHIE
T~IUJ$1!" &.<Gi[PJ.IE~MIEINJ'lr
personally known t o me or (
identification.
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who has produced
Notary PUblic State of Florida
MarvW Lee
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M\' Commission 00379388
Exp1res 01/24/2009
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A PORTION OF THE . SOlJTH"30 . oO · F.EET OF LOT 7, BLOCK E, SlJEMAR SUBDIVISION
FIRST ADDITION , AS RECORDED IN PLAT BOOK. 50, PAGE 56 , OF THE PUBLIC RECORDS
:OF PI NELL AS COUNTY, FLORIDA , AND A PORT ION OF THE SOUTHWE ~T 1/4 OF SECT ION
23 , TOWNSHIP 28 SOUTH, ·RANGE 15 EAST , P fNELLAS COUNTY , . FLORIDA, ALL BEING
FURTHER DESCR IBED AS FOLl owS:
· ""· .
COMMENCE .AT THE . S 1/4 CORNER OF SECTION. 23, . TOWNSHIP 28 SOUTH.. RANGE 15
EAST , PINELLAS COUNTY , - FLORIDA , THENGE N: 00.!~ 14_!_05 "W., -ALONG THE- E-AST L. INE
OF THE SOUTHWEST 1/4 OF SAID . SECTION 23 , . FOR 660.00 FEET TO THE SOUTHEAST
CORNER OF PINEHURST HI.GHLANDS, AS RECORDHl · IN PLAT BOOK 67, PAGE 12 OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA ; THENCE ~.89"22'38"W : , ALONG THE
SOUTH LIN.E OF S&ID PINEHURST HIGHLANDS , FOR 1955 .57 FEET TO THE SOUTHWEST
CORNER Of SAID PINEHURST HIGHLANDS ; THENCE N. 00 • 36·' 22 "W . , ALONG THE WE.ST
LiNE OF SAID PINEHURST HIGHLANDS , FOR 664 . 75 FEET TO THE NORTHWEST CORNER
. OF SAID PINEHURST HIGHLANDS; THENCE N. 00 • 35' 16 "W : , AL0N.G·A Ll NE 703. 56 FEET
. EAST OF AND .PARALLEL W.l TH THE WEST L1 NE OF THE SOUTHWEST 1/4 OF SAID
SECT ION 23, FOR ·756:58 FEET TO THE POI NT OF INTERSECTION WITH THE SOUTH
LINE OF LOT 7, BLOCK E, SUEMAR SUBDIVISION F I.RST ADDITION AS RECORDED IN
PLAT BOOK 50 , PAGE· 56 , OF .THE · PUBLI.C .RECORDS 'oF PIN.ELLAS COUNTY, FLOR.IDA ;
THENCE CONTINUE ..N. 00 •.35' 16 "W. ALONG SAl D LINE 703 . 56 FEET EAST or· AND
PARALLEL WITH THE WEST LINE Of THE SOUTHWEST. 1/4 OF SECTION 23, FOR 30 .01
FEET; THENC.E S ..89 •.21 ' 25 "£.. . ALONG A LINE 30 . 00 FEET NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID LOT 7, BLOCK E, SUEMAR SUBDIVISION FIRST
ADDITION , FOR 88 . 18 · FEET TO THE POINT OF BEGINNING ; THENCE CONTINUE
s·. as · 21"'25"-E., ALONG SAI.D LI NE 30.00 · FEET · NORTH OF AND PARALLEL WITH THE ·
SOUTH LINE QF LOT 7, BLOCK E, SUEMAR SUBDIVISION FIRST ADDIT_ION , FOR 343.68
FEET TO THE WEST RIGHT OF WAY LINE OF PATRICIA AVENVE AS SHOWN ON SAID PLAT
OF .SUEMAR SUBD IV IS Io·N FIRST ·ADD .IT ION ; THENCE S. 00 ' 14 ' 05"E. , ALONG SA J.D WEST
RIGHT OF WAY U NE, FOR 30.00 .:fEET TO THE SOUTHEAST . CORNER OF $A ID LOT · 7 ,
BLOCK E, SUEMAR SUBDIVISION FI.RST ADDITION; THENCE LEAVING SAID RIGHT ·OF
WAY LINE, N.89 '21'25."W., ALONG THE SOUTH LI NE OF SAID LOT 7; BLOCK E,
SUEMAR SUBDIVISION FIRST ADDLTION , FOR 110.56 FEET. TO THE NORTHWEST CORNER
OF LOT 8, BLOCK E, OF SAID SUEMA.R . SUBDIVISION FIRST ADDITION; THENCE
S.D0 "23 '36"E., ALONG THE WESTERLY L~~E 0~ LOTS 8 AND 9, BLOCK E, OF SAID
SUEMAR SUBDIVISION FIRST ADDITION , RESPECTIVELY , FOR 125 . 02 FEET; THENCE
N.89 ' 21 '25"W.. ALONG A LINE 125.00 ~EET SOUTH OF AND PARALLEL WITH iHE
SOUTH LINE OF SAID LOT 7·, BLOCK ~ . SUEMAR SUBDI~ I SION FiRST ADDITION, FOR
233.04 FEET; THENCE ~.00 " 23 ~36"W.: ALONG A LINE A LINE 233 .00 FEET WEST OF
AND PARALLEL WITH SAI D WESTERLY LINE OF LOTS 8 AND 9, BLOCK E, SUEMAR
SUBDIVISION FIRST ADDITION, FOR 155.03 FEET TO THE POINT OF BEGINNING.
1
I
SUBJECT PROPERTY CONTAINING
LESS.
39,439
SQUARE
FEET OR
0.905 ACRES. MORE OR
For Sale
7.41 +/-Gross AC located within the boundaries of Our lady of lourdes Catholic Church
750 San Salvador Drive, Dunedin, Fl 34698
Price: $1,200,000.00
Spectacular 7.41+/- Gross Acre Vacant Parcel located in the northeast quadrant of a 35.24 +/- AC tract owned by the
Diocese of St. Petersburg and home to Our Lady of Lourdes Catholic Church and School campus. The site is a mature oak
hammock with native flora and fauna and a large number of oak trees. Although a perfect addition to the existing 90 AC
Hammock Park system, the site' s topography is adequate for residential subdivision development without extraordinary
costs or development hurdles to overcome.
Highest & Best Use "As Vacant": Assuming development access, the subject's most probable use is for development of
a single-family residential subdivision of up to 7+ units per AC. Current design includes 0.26 AC of the gross 7.41 +/- AC
parcel for a 50' wide public ROW into and out of the development tract. Access to the site is from Cardinal Drive, north
of San Salvador Drive.
Ownership:
Fee Simple Interest
land Use:
I, Institutional
Zoning:
R-60, Single Family Residential (up to 7 +units per AC). Dunedin Land Development
Code conditional uses include duplex and townhomes.
ParceiiD:
The overall ownership is identified by the Pinellas County Property Appraiser as 22-28-15-00000-4400100 and 22-28-15-34848-000-0560.
The subject property is located within the bounds of 22-28-15-00000-440-0100
For More Information Call:
Scott Rehm, Broker- Rehm Realty Group, LLC (727} 463-7346 Email: [email protected]
PARK
Hammock Park Re view Area
Trails (Approximate)
Channels/Ditches
FNAI Habilal Boundaries
FNAI (2010) ClassifiC81ion:
MH · Mesic Hammock f37.9 Ac. )
"}.
•I
XH- Xeric Hammock 10.3 Ac.)
TMH · Temperate Mantime Hammock
(2.9Ac.)
~~: ~~~~~~=(,lf.·i:;l
BG- Baygall (6.7 Ac.)
SMJMS· Salt Marsh/Mangrove Swamp
(5.2 Ac.)
MF · M osie Flatwoods (3.7 Ac.)
F I GURE: 1 · 2013 FNAI MAP
GR A PH I C
iE P 1ESErl i AI I 0tl $
A llF
G ( N r ll A l
ltl
U A. I Ut E
AU O
S II O UlO
&£
U S EO
FO R PlAfiUitl G PUIP O S £ S O l-l l Y
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1
I
PARKS & RECREATION ADVISORY COMMITTEE
Minutes
PLACE:
Dunedin Conununity Center
1920 Pinehurst Rd
DATF/IIME:
January 20,2016-4:00 PM
Call to Order
The meeting was called to order by Chair, Tom Mahoney, at 4:00PM.
Attendance
Members: Greg Martin, Betty Taylor, Tom Mahoney, Brianna Mahoney, Donna Moore, Nancy Morgan,
Manuel Koutsourais, Crissa Rampotas, Matthew Stevens
Staff: Lanie Sheets, Parks & Recreation Superintendent
Approval of Minutes
The minutes of the November 18, 2015 meeting were approved.
Park Land Offers
The City received two offers to purchase land bordering Hammock Park. The first offer is approximately
$250,000 for a residential property adjacent to the Harris Tract and the second offer is $1.2 million for 7 acres
located at the south of the park, currently owned by Our Lady of Lourdes. While the Our Lady of Lourdes
tract would be a good addition, the City is not recommending accepting either offer as there are several other
projects in more need of the funds. The Church has proposed using the land to develop single family homes.
The Friends of the Hammock and the Hammock Advisory Committee were consulted and agree with the
City's decision, as does this Committee.
Racquetball Courts
The cost to demolish the racquetball court wall is $30,000, so it may potentially be put in as a capital item for
the FY 2016-17 budget.
Hammock Park
The educational trail signs have been purchased and are in the process of being installed throughout f:he
Hammock. The cost of the signs was split evenly between the City and the Friends of the Hammock. Great
strides have been made to eliminate invasives in the Hammock, resulting in the cancellation of the Air Potato
Pick-Up. A baby's breath pull is scheduled instead.
Field 7
Field 7 has been converted from a softball to a baseball fields, as the upper divisions of the Little League and
High School baseball teams will no longer have access to the Englebert Complex during February and March.
Elizabeth Skinner Jackson Park
The bathrooms have been replaced.
Member Comments
Nancy Morgan is no longer the Marina representative and Greg Martin has agreed to replace her. Pam Perko
is moving to Palm Harbor and will be leaving the Committee. A motion was passed to appoint Greg Martin a
fulltime member, leaving a vacancy for an alternate member. Lastly, the Arts & Cultural Advisory Committee
and the Causeway & Coastal Waterway Committee both need new members.
Next Meeting
The next meeting will be held on February 17, 2016. On the agenda is an update on the gift program.
Meetin&'Adjournment
The meeting was adjourned.