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County might choose not to pay the fee, State staff indicated that, while they did not have authority to waive the annual fee, the State was not actively enforcing payment of the fee. On December 18, 1996, Board Chairman Fran Adams raised the County's concern about the annual administrative fee at a meeting of the Indian River County Legislative Delegation. Staff's position is that the fee issue, and also the issue of a guarantee of conservation use in perpetuity, is a "top-down" State policy that must be dealt with at the Governor and Cabinet level, which the County is pursuing. In the meantime, since the County agreed to enter into a lease agreement as part of the Cairns Tract purchase, and the State is not enforcing payment of the administrative fee, staff feels that the County should proceed under the standard lease and just not pay the annual fee if the Board finds it objectionable. If, however, the State gives written notice to the County that failure to pay the fee would be considered a breach of the agreement, the County would have 60 days to pay the fee to remedy the breach and maintain the legal integrity of the agreement (reference Section 25 of the agreement). RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached lease agreement. Commissioner Macht asked Roland DeBlois to show some photographs of the Sebastian tract, including a photograph of the entrance to the property. Commissioner Ginn wanted an opportunity to look at the property, and Commissioner Macht advised they are attempting to cover the entire property and would notify Commissioner Ginn before the next survey trip in case she wanted to join them; possibly next Wednesday around 1:00 P.M. Commissioner Macht thought the public would like an opportunity to see what they had purchased. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously authorized the Chairman to execute the Lease Agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD BOOK JANUARY 14, 1997 30