Submitted By: William E. Sexton, City Attorney
Presentation By: William E. Sexton, City Attorney
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Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
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Approval of letter to Robert W. Batsel, as counsel for the College of Central Florida, providing the position of the City of Ocala as to the “municipal purpose” of the College’s intent to lease the former Pioneer Garden Club property to the Board of County Commissioners of Marion County, Florida for use as an employee health care center
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OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
On or about October 17, 2024, the City Manager and City Attorney received a request (Attachment 1) from Robert W. Batsel, Jr., as counsel for the College of Central Florida (hereinafter the College), requesting a letter from the City which outlined the position of the City as to the “municipal purpose” associated with the College’s proposed lease of the former Pioneer Garden Club property to the Board of County Commissioners of Marion County, Florida (hereinafter Marion County) for use as an employee health care center.
A review of the record demonstrates that in or about 1983, the City transferred ownership of the aforementioned property to the Appleton Cultural Center, Inc., the predecessor in title to the College, by a Warranty Deed (Attachment 2) which contained a series of clauses through which title to the property would revert to the City if certain conditions were not met. One of these was a requirement that the property be utilized for a “municipal purpose.”
In or about 1990, the City released Appleton Cultural Center, Inc. from certain of those conditions through an Acknowledgement and Release of Restrictive Covenant (Attachment 3). The “municipal purpose” condition was not released and was reiterated.
Now, the College, as the successor in title to Appleton Cultural Center, Inc., desires to lease the property to Marion County to develop an employee health care center on the property.
The College is seeking documentation from the City confirming that the City recognizes that the proposed lease to Marion County for an employee health care center represents a “municipal purpose” as required by the conditions in the aforementioned deed and release.
Staff has prepared a proposed letter (Attachment 4) from Council to Mr. Batsel, which confirms the position of the City that the proposed lease by the College to Marion County satisfies the “municipal purpose” requirement as described above.
FINDINGS AND CONCLUSIONS:
The City Council of the City of Ocala, Florida finds, determines, and concludes that the provision of a letter providing the position of the City of Ocala as to the “municipal purpose” of the College’s intent to lease the former Pioneer Garden Club property to the Board of County Commissioners of Marion County, Florida for use as an employee health care center:
• Does not result in a significant impact to the finances of the City of Ocala, Florida;
• Is intended to and does protect and promote the health, safety, and welfare of the citizens of the City of Ocala, Florida; and
• Is in the best interest of the City of Ocala, Florida, and its citizens.
FISCAL IMPACT:
No anticipated fiscal impact.
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The proposed letter to Mr. Batsel was prepared and drafted by the City Attorney’s Office and has been reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny