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01/13/1410 BGG <br /> CHAERMAN TO EXECUTE ENVIRONMENTAL LAND ACQUISITION <br /> OPTIONS & PURCHASE AGREEMENTS WITH DEPOSITS <br /> NOT EXCEEDING $ 100 <br /> The Board reviewed a Memorandum of January 15 , 1996 : <br /> TO : James Be Chandler <br /> County Administrator <br /> DSP BEAD CONCURRENCE : <br /> r <br /> ZM. Rea , CP <br /> Community Devel t D4r� <br /> PRO14 : Roland M . DeBlois , CP <br /> Chief , Environmental Planning <br /> DATE : January 15 , 1996 <br /> RE : Request that the Board Authorize the Chairman to Ezecute <br /> Environmental Land Acquisition Options and Purchase Agreements <br /> It is requested that the data herein presented be given formal consideration by <br /> the Board of County Commissioners at its regular meeting of January 23 , 1996 . <br /> DESCRIPTION AND CONDITIONS <br /> Procedures adopted by the Board of County Commissioners for acquisition of <br /> environmental land include confidentiality of appraisals . In accordance with <br /> Section 125 . 355 of the Florida Statutes , appraisals can be released for public <br /> information once an option agreement is executed between a seller and the County <br /> or , if a purchase agreement is used ( rather than an option ) , at least 30 days <br /> prior to Board approval . This statute also provides for a 30 day public notice <br /> and public hearing. For option agreements , this notice and hearing may occur at <br /> either the time the option agreement is considered by the Board , or later at the <br /> time of option exercise . For purchase agreements , the notice and hearing must <br /> be held at the time of Board consideration of the purchase agreement . <br /> Since acquisition agreements are often sagned by the landowner' some days ( or <br /> weeks ) before Board consideration , and because the time period after the seller <br /> signs overlaps with the time period set . by the statute for public disclosure , <br /> staff seeks to establish a procedure to ensurs thattk�e sellers are legally bound <br /> prior to public release of confident ial; informatLou riven the intricacies of the <br /> confidentiality statute , staff suggests that the best way to accomplish this is <br /> for the Board to authorize the Chai)ma to execute options and purchase <br /> agreements ( for a nominal fee or deposii't not exceeding : 100 ) . This authority <br /> would serve to bind a seller to the negotiated price and terms for a specific <br /> time period , during which time appraisals could be released for Land Acquisition <br /> Advisory Committee ( LAhC ) review and , subsebpently , for Board final acquisition <br /> approval . <br /> For the Board ' s consideration , attached is a proposed resolution authorizing the <br /> Chairman to execute options and purchase agreements . <br /> ANALYSIS <br /> Any option or purchase agreement executed under the requested authorization will <br /> contain language that makes it . clear to the seller that final County approval of <br /> a land purchase is ultimately subject to Hoard approval ( which would occur at an <br /> advertised public hearing ) , As previously explained, the utility of authoriainq <br /> the Chairman to sign the agreements <br /> terms so is to bind the seller to negotiated price and <br /> 'that , in accordance with state " law, appraisals can be released for <br /> public review prior to the Board ' s final consideration of purchase approval . <br /> �DATION <br /> Staff recommends that the Hoard of County Commissioners approve the attached <br /> repolution authorizing the Board Ch& j roan to execute <br /> agreementp relatingto land purchase options and <br /> not exc aoQuisitLour with cost of the option fee or deposit <br /> ¢ing 100 , whereby final acquisition under the executed option or <br /> purchapa a eem4at , wilI ultimately be subject to Hoard approval . <br /> 28 <br /> January 23 , 1996 <br />