|
't-
<br /> r ... . ,+q�,-F�rX ., . . ':` vy ;� , ".�:'S" � ^ k�.,x`'k -. ,.> ,x'`� ., x• � R'" %� .� ,r . ,. , :'..f,
<br /> . ?e Aa:- . s.,�t' _p '3�tx. r4�' rs.. ; $ * s�'�� 3f tv �,.rd. t ", :=,c:- r -:x., .,F r .rz e
<br /> "' . :. r ,...rk t r s , , cr 'a = r z ;• . .w.
<br /> '' ..t.Y � :±i u �� r r, r"#',,,.a. • � fi{a�"YRF a ar', r.n �aFi n•;>. 'a . .�:. ^_ ?: hyri z:. p , . -. r :..
<br /> sr . �, l . :. `' . :: � 5 w' t r ���. is r"'€ � sc { �` a �,
<br /> X Y t x` >•. ". rte'' - to +�r"3. 1 .t -: t x `'S 4!''
<br /> N
<br /> 3 "4 Yr.+ bf .f ,' tt.'`Y $a.. i ' '+ � ' ,< 'n xS'yd +�'; », aL iy`ii I•YNs £ :- yia.z: rr,
<br /> x kY C d x s
<br /> „ e�a.�u{ , - ':`;^` 4Yr °„: �G �'- " � , k � 4 .€
<br /> ti
<br /> n
<br /> ' K �y
<br /> I he propem is located on the oceanfront north of Golden Sands Countv Beach Park ( see attached map ) . The
<br /> County closed the purchase in August 1998 . under the premise that it will proceed to obtain cost - share
<br /> reimbursemegt under the State Conservation and Recreation Lands ( CARL ) pro _ram .
<br /> Prior to county purchase of the propem' . in 1995 . the Counn executed a 'Alulti - Pam Acquisition
<br /> Agreement " with the Division of State Lands ( DSL ) for the State to buy the propem for inclusion in the
<br /> ".Archie Carr Sea Turtle Refuge " project under the CARL program . The Agreement is for 50 `So cost - share
<br /> of the approved appraised value . including 500o cost - share of acquisition costs . with the exception of
<br /> appraisals , which were paid for with County bond funds .
<br /> The DSL has completed its review and acceptance of appraisals and surveys of the Spallone propem• , and
<br /> is now ready to schedule the project reimbursement for final Governor and Cabinet approval . In order to
<br /> finalize reimbursement and closing with the State . attached is an Option Agreement for Saie and Purchase
<br /> of the Spallone propem from the County to the State , for the Board ' s approval consideranon .
<br /> ANALYSIS
<br /> The attached Option Agreement is comparable to other option contracts that the Counn has executed ( i . e . .
<br /> the Fischer- St . Sebastian River property option contract ) as part of cost - share agreements with the State for
<br /> the purchase of environmental lands .
<br /> Attached is an August 16 , 2000 memorandum from the Counn attornev regarding his re % ie « of the simiia-
<br /> Fischer propem Option that was subsequently approved by the Board . The .August 2000 memorandum is
<br /> relevant to the Spallone Option, in that it contains the same provisions that are the subiect of the atiorric ' s
<br /> IT memorandum . In order for the Board to make an informed decision , the Counn aaorne% s memorandum
<br /> summarizes certain provisions of the Option that run in favor of the State ( and not in favor of the Counn I .
<br /> County planning staff s position is that the risks to the County under the provisions of the Option are
<br /> minimal , and that the Counn should consider moving forward with approval of this standardized Option
<br /> .Agreement .
<br /> Interest Conveved ; Right of Re-entry
<br /> When the Counry executed the Multi - Pam,- Acquisition Agreement in 1995 . and when the Board approved
<br /> purchase of the Spallone tract in 1998 and directed staff to seek cost- share reimbursement , it was understood
<br /> that the CARL program policy at that time was that the State would receive full title to the propem , and that
<br /> the County would retain an interest in the form of a "right of re- entrv" ( similar to what the Counn,- agreed
<br /> to on cost- share of the Cairns tract and Fischer tract purchases ) . Since that time . the Counn has insttLated
<br /> a change in the State ' s policy such that now the State is more amenable to shared title for new projects .
<br /> However. since the Spallone tract was acquired under the previous policy and agreement. the attached Option
<br /> A_Treement . as structured. will convey full title interest of the Spallone propem to the State . and contains
<br /> a right of re - entry clause . Once Conveved to the State , the propem will become a part of the contiguous
<br /> .Archie Carr National Wildlife Refuge. and will be managed by the U . S . Fish and Wildlife Service ( F' 'VS ) as
<br /> part of the Refuge .
<br /> REC ON11IF \D4TIO
<br /> Staff recommends that the Board of County Commissioners approve the attached Option Agreement for
<br /> County sale of the Spallone-ACSTR propem to the Board of Trustees of the Internal Improvement Trust
<br /> Fund at the pnce of 5245 .000 . and authorize the Board Chairman to execute the document and other
<br /> documents as necessary to facilitate the sale closing .
<br /> ATTAC'HNIFNTS •
<br /> 1 . Location map
<br /> 2 . County attorney ' s August 16. 2000 memorandum
<br /> - . Option Agreement
<br /> 4 . 1995 Multi -Parry Acquisition Agreement
<br /> June 12 , 2001
<br /> 53 , ~ ®
<br /> d? l c �x 5.3.,. „� a 'M @u'At`s w s. t .„: x ,, t r ::r <%^s n r a `•r
<br /> ,
<br /> l 'y4
<br /> +.va.
<br /> a'w; r^
<br /> ' " IVOP
<br /> �
<br /> 5
<br /> ,
<br /> i..
<br />
|