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iii) If the FCT option is exercised but the FAR/BAR option is not <br />exercised then the FCT option becomes null and void. Stated <br />another way the FCT option has a condition subsequent that to <br />the be valid the FAR/BAR option must also be exercised. This <br />is to give In comfort in the case the FCT Board refuses to <br />exercise the option. <br />Recommendation: <br />Staff recommends consideration of execution of the FCT option and the FAR/BAR <br />option. <br />Attorney O'Brien called the proposed Resolution (for condemnation) the "linchpin" <br />because if not adopted there will be no FCT option agreement and no FARBAR option and <br />no need to hold a special meeting on June 30, 1998. <br />During Attorney O'Brien's presentation, Commissioner Eggert inquired if the County <br />has ever before had a condemnation provision in prior purchases of environmental land, and <br />Attorney O'Brien responded it had not because the County has focused on acquiring <br />properties from willing sellers. <br />Vice Chairman Macht took issue with the word "necessary' in the condemnation <br />resolution and reasoned that the purchase of Lost Tree Islands was not "necessary". It <br />seemed to him to be only to allow Lost Tree Village to make even more money (tax savings) <br />if adopted. <br />Commissioner Ginn asked if the condemnation resolution would result in any benefits <br />to the County, and Attorney O'Brien stated there would be no documentary stamps involved <br />($70,000). <br />Attorney O'Brien advised of a Condemnation Agreement which was received after <br />5 pm on Friday, May 22, 1998 (Monday was Memorial Day, offices closed) wherein Lost <br />Tree Village Corporation had agreed to accept $11,000,000 and would be solely responsible <br />for its own attorney fees and costs. He explained that the County would not be responsible <br />for attorney fees and costs either if dealing with a willing seller, but would if the County <br />proceeded to condemnation. <br />Commissioner Ginn understood that this could be considered "friendly <br />condemnation," and Attorney O'Brien concurred that it could be considered a friendly <br />May 26, 1998 <br />35 <br />