06-1663 Real Property & Permanent Easement Purchasing Policy

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CITY OF CASSELBERRY REAL PROPERTY AND PERMANENT EASEMENT PURCHASING POLICY FORWARD These guidelines have been established by the City Commission for purposes of guiding the City's efforts regarding the acquisition of real property. These guidelines shall not be considered legal or adrninistrative prerequisites to the acquisition of property nor shall failure to comply with the procedures or processes established herein affect the legitimacy of any acquisition made on behalf of the City. These are internal guidelines only and shall establish no rights in property owners or others, nor shall they constitute grounds to challenge or subvert the City's efforts to acquire property in legal or any other proceedings. The duties and obligations set forth herein run only to the City Manager and those who fail to adhere to these guidelines are answerable to the City Manager and to no one else. In summary, these guidelines create no grounds to challenge or otherwise attempt to frustrate the City's efforts to obtain property. I. PURCHASES UNDER $150,000 OR LESS THAN 1/4 ACRE: Staff should take the following actions: 1. One Appraisal, or docurnentation of recent similar sales that substantiate the proposed purchase price. 2. Environmental Audits. In any purchase the City has reason to believe that hazardous materials may be contained on site, or contaminants may have been placed, used, stored, rnanufactured, or otherwise exposed to the site or near the property sought to be acquired by the City, an environmental audit shall be conducted prior to closing. In the event a Level 1 environmental audit indicates a potential for contamination of the site or groundwater, further environmental audits shall be conducted, to include, if necessary, Level 2, Level 3, and other audits. No property shall be acquired by the City where an environmental audit indicates a substantial likelihood or potential for contamination unless the City Commission specifically approves same and a clean-up time table plan has been adopted and approved by the City Commission or the Seller agrees to complete the clean up prior to closing to the satisfaction of FDEP, EPA, the City of Casselberry, and other regulatory authorities, or indemnifies the City and secures its liability to the satisfaction ofthe City. 3. Endanqered Species Assessment. An endangered species assessment should be conducted, if necessary, to comply with any state, federal and local government requirements. This only applies to land that is predominantly vacant. 4. Title search. A title search is to be performed by the City Attorney.