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ATTACHMENT #1 <br />BOARD OF COUNTY COMMISSIONERS <br />C=FCE CF COUNTYATTCRNEY <br />Dylan 'R. Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate .Pingolt-Cotner, .Assistant County Attorney <br />MEMORANDUM <br />TO: Joseph A. Baird, County Administrator <br />FROM: Dylan Reingold, County Attorney <br />DATE: February 2, 2016 <br />SUBJECT: Use of Windsor Properties Property Exchange Donation <br />On July 27, 2005, the Indian River County Board of County Commissioners (the "Board") approved a <br />property exchange with Windsor Properties, involving a portion of Golden Sands Park (the "Exchange"), <br />which included an unrestricted cash donation to Indian River County of $1,000,000 (the "Donation"). <br />As the original Golden Sands Park was constructed using both Indian River County (the "County") funds <br />and funds from the Florida Recreation Development Assistance Program, the Acquisition and Restoration <br />Council ("ARC") of the Board of Trustees of the Internal Improvement Trust Fund ("Board of Trustees") <br />was required to approve the Exchange. <br />In a letter to Eva Armstrong, Director of the Division of State Lands, dated June 20, 2006, Chairman of the <br />Board, Arthur R. Neuberger, stated that "Windsor will pay the County $1,000,000 to enhance the County's <br />management ability and fund needs which are currently unfunded." <br />As indicated in a memorandum to the Board, dated June 30, 2006, William K. DeBraal, then Assistant <br />County Attorney, noted that staff for the Board of Trustees indicated that they preferred that the <br />Donation be restricted to "improvements to the County's parks and recreation facilities " Mr DeBraal <br />recommended that the Board "[r]estrict the $1,000,000 donation to the County from Windsor Properties <br />to improvements to the County's parks and recreation facilities and authorize the Chairman to sign the <br />attached letter." The attached letter to Ms. Armstrong, stated that the donation "will be earmarked to <br />benefit Indian RiverCounty parksand recreation." <br />At the July 11, 2006 Board meeting, Mr DeBraal reiterated that the Donation was to be earmarked for <br />recreation and park purposes. Commissioner Wheeler specifically asked Mr. DeBraal about the use of the <br />funds. He asked if the Donation had to be used for a new baseball diamond or a new building or whether <br />it could be used for maintenance He also asked how constricted the County was in the use of the <br />Donation. <br />P104 <br />