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TO: Hoard of County Commissioners THROUGH: Robert M. Keating, AICP bA Community Development Directo _. FROM: Roland M. DeBlois, Chief; Environmental Planning DATE: January 19, 1998 SUBJECT: Request for Board Approval of Administrative Documents Concerning County/State Purchase of the Irwin Tract LAAC Site Itis requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 20, 1998. Description & Conditions At a public hearing on October 14.1997, the Board of County Commissioners approved County purchase of the ocean- front Irwin Tract, conditioned upon a cost -share agreement with the State Conservation and Recreation Lands (CARL) program whereby the State will pay 75% of the acquisition costs. Last week state staff provided county staff with 3 administrative documents that need to be executed in order for the purchase to proceed with 75% cost -share from the State. Those documents (attached) are as follows: Ami to Multi Party Agreement - Archie Carr Sea Turtle Refuge CARL Project (Indian River County) Partial Assignment of Option Agreement Second Amendment to Option Agreement for Sale and Purchase The Amendment to Multi -Party Agreement amends an earlier 50/50 cost -share agreement with the State for Property within the Archie Carr CARL project to account for the State's increased share to 75% on the Irwin Tract purchase. The Partial Assignment of Option Agreement is similar to an assignment document executed for the contiguous Cairns Tract that was pincbased, and is necessary because the State will have title to the property (similar to the Cairns Tract). The Second Amendment to Option Agreement is required to address a formality that the State will not be involved in the payment of property taxes for 1997 or m ftapient years, but that such taxes are the obligation of the seller or the county, in accordance with terms of the Option. County staff feel this issue could be resolved in the Partial Assignment document between the County and the State, such that it would not necessitate the seller executing an Option Amendment. However, in the interest of time, it is staffs position that the Board should execute this Option Amendment, but also authorize staff to coordinate with the State to see if the necessary language can be incorporated into the Partial Assignment document, thus falegomg the need to spend time contacting the seller to execute an Option Amendment. Recommendation Staff recommends that the Board approve the attached documents, and authorize the Board Chairman to execute said documents. Moreover, in the event that the State agrees to incorporate the language from the Option Amendment into the Partial Assignment document, staff recommends that the Board authorize the Board Chairman to execute the revised Partial Assignment document without need for the document to go back to the Board. Attachments Amendment to M» ld--Party Agreement - Archie Carr Sea Turtle Refuge CARL Project (Indian River County) Partial Assignment of Option Agreement Second Amendment to Option Agreement for Sale and Purchase January 20, 1998 53 BOOK 104 f3E