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0 - 0 condemned by the actions of the governments and that development had been delayed since 1992 waiting for the completion of purchase for public purpose. He explained that the resolution resulted from negotiations and the Internal Revenue Service looks for specific resolutions. The value to his client is the avoidance of additional legal expense incurred with respect to Internal Revenue Service and the sale of the property in question. Assistant County Attorney Terrence P. O'Brien advised that he was unaware that the reverter clauses had been removed and that the deeds were changed. He was looking at the Condemnation Agreement and asked if Mr. Cox could explain the language saying that the County "will" purchase the property pursuant to the Backup Contract. It seemed to him if the County signed it, the option agreement was being negated. (Clerk's Note: Condemnation Agreement received at meeting has been filed with the backup.) Mr. Cox indicated he had not had a lot of time to review it either. Vice Chairman Macht pointed out that the document in the addenda did not bear much relationship to the document under present discussion. :I. Attorney O'Brien indicated that this would be the 5' item to be considered by the W. Cox wished to clarify the agreement, that it should reflect that the County "may" purchase the property pursuant to the backup contract, and Attorney O'Brien concurred that was a better phrase. Mr. Cox went on to explain that this Condemnation Agreement was exclusively for County Attorney Vitunac's and the County's concern that if a condemnation proceeding were enacted, Lost Tree might attempt to recover attorney fees and costs and seek a different price. He assured the Board that was not what Lost Tree was seeking. If the County wishes to exercise its powers of condemnation to acquire the property, the price is the same as in the FARBAR contract and they will not seek attorney fees and costs. The change from "will" to "may" would be made. Attorney O'Brien stated that cleared up his concern. He reminded the Board that the linchpin is still the Resolution and the other 4 remaining items hinge on it. Commissioner Adams asked if the clause having to do with the naming of the islands had also been removed, and Mr. Cox stated that it was still in there. He explained that Lost Tree was requiring that naming of the islands be part of the language and the County's negotiating team had required that names be put in. Commissioner Adams asked why they wanted to name the islands; she felt if the May 26, 1998 37