8/22/2000 - Laserfiche WebLink

Home Browse Search

• The Board of County Commissioners, at a public hearing on March 19, 1996, approved county purchase of the ±.95 acre "Fischer - Sebastian River" property using environmental land bond funds. The property is located on the east and west shorelines of the south prong of the St. Sebastian River, north of C.R. 512 (see attached map). The County closed the purchase in January 1997, under the premise that it will proceed to obtain cost -share reimbursement under the State Conservation and Recreation Lands (CARL) program. Prior to county purchase of the property, in May 1995, the County executed a "Multi -Party Acquisition Agreement" with the Division of State Lands (DSL) for the State to buy the property for inclusion in the "Sebastian Creek" project (a.k.a., St. Sebastian River Buffer Preserve) under the CARL program. The Agreement is for 50% cost -share of the approved appraised value, including 50% cost -share of acquisition costs, with the exception of appraisals, which were paid for with County bond funds. The DSL has completed its review and acceptance of appraisals and surveys of the Fischer property, and is now ready to schedule the project reimbursement for final Governor and Cabinet approval. In order to finalize reimbursement and closing with the State, attached is an Option Agreement for Sale and Purchase of the Fischer property from the County to the State, for the Board's approval consideration. The attached Option Agreement is comparable to other option agreements that the County has executed as part of cost -share agreements with the State for the purchase of environmental lands. Attached is a memorandum from the County attorney regarding his review of the Option Agreement as to form and legal sufficiency. In order for the Board to make an informed decision, the County attorney's memorandum summarizes certain provisions of the Option that run in favor of the State (and not in favor of the County). County planning staff s position is that the risks to the County under the provisions of the Option are minimal, and that the County should consider moving forward with approval of this standardized Option Agreement. Interest Conveyed, Right of Re-entry When the County executed the Multi -Party Acquisition Agreement in 1995, and when the Board approved purchase of the Fischer property in 1996 and directed staff to seek cost -share reimbursement, it was understood that the CARL program policy at that time was that the State would receive full title to the property, and that the County would retain an interest in the form of a "right of re-entry" (similar to what the County agreed to on cost -share of the Cairns tract purchase). Since that time, the County has instigated a change in the State's policy such that now the State is more amenable to shared title for new projects. However, since the Fischer property was acquired under the previous policy and agreement, the attached Option Agreement, as structured, will convey full title interest of the Fischer property to the State, and contains a right of re-entry clause. Once conveyed to the State, the property will become a part of the contiguous St. Sebastian River Buffer Preserve, and will be managed by the State as part of the Preserve. Canoe Launch County Engineering staff are in the process of finalizing design of a canoe launch facility on the Fischer property (and adjacent property) for public access to the St. Sebastian River just north of C.R. 512 (west side). County staff has coordinated with Buffer Preserve management staff, who are aware of the canoe launch. As proposed, maintenance of the canoe launch facility will be the responsibility of the County, with the remainder of the Fischer property to be managed by State Buffer Preserve staff. AUGUST 22, 2000 BK 1 14 PG 7 1 5 -89-