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REQUEST TO APPROVE PARTIAL ASSIGNMENT OF OPTION OF THE CAIRNS TRACT LAAC SITE TO THE STATE The Board reviewed a Memorandum of August 20, 1996: TO: James E. Chandler County Administrator HEAD A Community Develooment4' Director FROM: Roland M. DeBloisfWCP Chief, Environmental Planning DATE: August 20, 1996 SUBJECT: REQUEST TO APPROVE PARTIAL ASSIGNMENT OF OPTION OF THE CAIRNS TRACT LAAC SITE TO THE STATE It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 27, 1996. DESCRIPTION AND CONDITIONS At a public hearing on March 19, 1996, the Board of County Commissioners authorized staff to proceed with closing on the +104 acre Cairns Tract on south Jungle Trail. The property is being purchased with environmental land acquisition bond referendum funds, with a 50% cost -share from the State Conservation and Recreation Lands (CARL) program. Under CARL program procedures, the State obtains full title to an acquired property. Subsequently, at its meeting of July 2, 1996, the Board agreed to manage the Cairns Tract. At that meeting, staff also reported to the Board that staff was working with the State on language in the Cairns Tract title assignment ("Partial Assignment of Option Agreement") that would give the County a real interest in the property (to satisfy bond referendum language requirements); and ensure that the property would remain in its intended conservation use in perpetuity. Through negotiation, County and Department of Environmental Protection (DEP) staff generally agreed to "right of re-entry" language - applicable for the duration of the county bond (15 years) - for the County to have a sufficient legal interest in the property to satisfy bond referendum language (as it relates to expenditure of bond funds). County and DEP staff, however, did not come to terms on assignment language that would provide a guarantee that the Cairns Tract would forever remain in its intended conservation use. DEP staff indicated that such language would set a precedent that DEP staff could not support. DEP staff indicated, however, that final State approval of the language was up to the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund (TIIF). On July 3rd, County Attorney Charles Vitunac and Charles Hardee, the county's environmental lands acquisition consultant, met with Governor and Cabinet aides in Tallahassee in 37 August 27, 1996 6:OVK �vu.9:38.