6/16/1998 - Laserfiche WebLink

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• • Assistant County Attorney Terry O'Brien reviewed the matter for the Board and noted that he had been notified on June 8, 1998 that the offer to Lost Tree Village had been found unacceptable. However, Lost Tree did not wish to foreclose any further discussion. He believed Lost Tree will not make a counteroffer because, if it should be accepted, then the only vehicle moving toward closing would be through a Florida Communities Trust (FCT) process. One of Lost Tree's requirements for closing was a backup FARBAR contract and they do not want to proceed with the FCT process. Another of the stumbling blocks to negotiations has been the confidentiality of the appraisals which may now be released officially by the County if the County deems that the negotiations have terminated. This would not close off negotiations but would allow the appraisals to be made public. Then, pursuant to the Florida Administrative Code, the County could seek new negotiations with FCT. FCT has advised that the funds will be extended through December, 1998. At this point, the Board needs to determine that good faith negotiations have terminated, release the appraisals, and then initiate new negotiations through FCT. He recommended that the Board deemthat negotiations terminated on June 8, 1998 when the offer of $7,100,000 was refused. Attorney O'Brien continued that there is another development concerning the submerged lands between Silver Shores Road and the island. Lost Tree does have a deed to that land but the Bureau of State Lands has determined there is a channel there. Amendment 253.12, F. S. gave title to channels to the Internal Trust Fund with authority to sell islands and submerged lands, but not the channels. This would preclude bridging of the channel under existing regulations. In response to questions from Commissioner Eggert, Community Development Director Bob Keating stated that FCT has received 113 applications for a total of $180,000,000 while they have only about $50,000,000 to deal with. Also, the Legislature has directed the Trust to be more expedient in spending funds and this particular grant has been extended a number of times. Commissioner Ginn noted that the public is probably confused because they have read in the newspaper about the appraisals being released. Attorney O'Brien emphasized that neither this Board nor staff have released the appraisals to anyone. Commissioner Macht commented that when he was notified of the rejection of the County's offer of $7,100,000, he turned the appraisals over in bulk to the Press -Journal. He felt very strongly that the appraisals should have been in the possession of the Commissioners and LAAC from the beginning. However, the new development of the JUNE 169 1998 -31- 106 P,� ��t�0K