The Governor and Cabinet - Florida Department of State

Cabinet Affairs

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AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

JUNE 13, 2000

Substitute Page

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Item 1 Minutes

Submittal of the Minutes of the April 25, 2000 Cabinet Meeting.

RECOMMEND ACCEPTANCE

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Substitute Item 2 Mobro Marine, Inc., Recommended Consolidated Intent

REQUEST: Consideration of an application for (1) a modification of a five-year sovereignty submerged lands lease to increase the preempted area from 21,050 square feet to 324,362.86 square feet, more or less; and (2) the construction of a marine railway for an existing commercial barge facility.

COUNTY: Clay

Lease No. 100003048

Application No. 10-149470-001-ES

APPLICANT: Mobro Marine, Inc.

LOCATION: Section 38, Township 06 South, Range 26 East, in the St. Johns River, Class III Waters, within the local jurisdiction of the City of Green Cove Springs

Aquatic Preserve: No

Outstanding Florida Waters: No

Manatee Aggregation Area: No

Manatee Protection Speed Zone: No

CONSIDERATION: $288,560.22, representing (1) $44,772.87 as the initial lease fee computed at the base rate of $0.1183 per square foot and including the 25 percent surcharge payment for the additional area; (2) $226,287.35 as lease fees in arrears, including interest, for the unauthorized use of 112,254.98 square feet of sovereignty submerged lands from April 6, 1987 through May 23, 2000; and (3) $17,500 as an administrative fine for the unauthorized use of sovereignty submerged lands. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.

STAFF REMARKS: The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. The rule became effective October 12, 1995. As a result of this linkage, the recommended Department of Environmental Protection (DEP) regulatory permit decision and the recommendation to the Board of Trustees on the proprietary authorization are contained in one document, the "Consolidated Notice of Intent to Issue," which is attached. The attached consolidated intent contains a recommendation for issuance of a permit under Part IV of chapter 373, F.S., and a recommendation for granting authorization to use sovereignty submerged lands under chapter 253, F.S., for the activity described therein. This recommendation is provided to the Board of Trustees pursuant to section 373.427(2), F.S. A description of the requested activity is provided in Section I, "Description of the Proposed Activity." The specific basis for recommending approval of the authorization to use sovereignty submerged lands is contained in Section III, "Background/Basis for Issuance."

Approval by the Board of Trustees is requested only for those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves

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Agenda – June 13, 2000 Substitute Page Two

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Substitute Item 2, cont.

the request to use sovereignty submerged lands, and the activity also qualifies for an environmental resource permit, the "Consolidated Notice of Intent" will be issued and will contain general and specific conditions. In the event the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity otherwise qualifies for an environmental resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereignty submerged lands.

The lessee is proposing to modify an existing lease to construct a pile-supported marine railway at its existing commercial barge facility. The marine railway will be 200 feet long by 50 feet wide, and will be used to move the lessee’s largest barges onto the upland property for maintenance and repairs. The existing facility operations involve the mooring of barges for temporary storage and repairs, and the mooring of associated support vessels. The facility has an existing dry dock platform (synchrolift), that is used to lift barges out of the water for repairs, and also to move barges onto the upland property for maintenance and repairs. The existing synchrolift was approved by the Board of Trustees on January 21, 1975, under marina license ML 10-30-3048, which authorized the preemption of 12,896 square feet, more or less, of sovereignty submerged lands. The marina license was subsequently converted to a sovereignty submerged lands lease which was renewed on January 22, 1985. File records from 1991 indicate that the preempted area for the synchrolift was increased to 21,050 square feet, more or less, apparently the result of a specific purpose survey of the area.

The lessee submitted an application for an environmental resource permit in December 1998 to construct a marine railway. During DEP staff’s review of the railway application and the project site, significant discrepancies were found relating to the lessee’s 21,050-square-foot sovereignty submerged lands lease area. The discrepancies included the unauthorized mooring of barges and vessels, preempting a much larger area of sovereignty submerged lands (estimated total of 333,662 square feet, more or less) than was covered under the 21,050-square-foot lease, and that a modified sovereignty submerged lands lease related to a subsequent expansion of the initial lease was not properly executed and recorded by the lessee. Subsequently, the actual preempted area was determined by a certified survey to be 324,362.86 square feet, more or less.

On February 4, 1999, the DEP sent written notification of the unauthorized mooring activities to the lessee. On October 13, 1999, the DEP and the lessee entered into a temporary use agreement (TUA) for the estimated 333,662-square-foot area preempted by the facility operations. The expiration date of the TUA is August 1, 2000, or upon proper execution of a modified sovereignty submerged lands lease, if approved. The lessee submitted a payment of $38,571.33 as lease fees for the estimated 333,662-square-foot area. However the lease fees in arrears and an administrative fine due for the unauthorized use of the sovereignty submerged lands for the period April 6, 1987 to May 23, 2000 is $226,287.35 and $17,500, respectively. These fees and fines are included herein as part of this item for consideration by the Board of Trustees along with consideration of the authorization for the marine railway and overall lease modification. The DEP did not collect payment of these additional fees and fine, as is typically a part of executing a TUA, due to the amount involved and because of the history of the project as indicated by the lease file.

In addition to the background discussed above, information in the lease file for this facility indicates that on April 6, 1987 and March 11, 1988 staff of the former Department of Natural Resources (DNR) conducted compliance inspections of the facility. The compliance inspection reports state that the lessee was docking and mooring vessels outside of the leased premises. On June 3, 1988, the DNR notified the lessee, in writing, that the facility was not in compliance with the terms and condition of the existing lease (21,050 square feet). The notice

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Agenda – June 13, 2000 Substitute Page Three

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Substitute Item 2, cont.

requested the removal of all vessels moored outside of the leased premises and removal of existing offshore cluster piles, or the submittal of an application to expand the lease area. The lessee submitted a lease modification request on or about August 1988. However, the application was eventually deactivated by DNR on March 14, 1989 for failure of the lessee to submit requested additional information to complete the application. The file was sent to the DNR investigative section, and a compliance inspection and appropriate enforcement proceedings were requested, if necessary.

The DNR file does not indicate that any enforcement actions were ever initiated, or that the file was reactivated, or that a new application was submitted. However, on November 30, 1992, the DNR sent a modified lease instrument for a 25-year term to the lessee that authorized the preemption of 212,107.88 square feet, more or less, of sovereignty submerged lands (inclusive of the existing 21,050 square foot lease). The DNR file also does not contain sufficient documentation or information to determine the specific sequence of events leading to this modified lease. The lessee did not sign and return the modified lease, therefore it was not fully executed and recorded. Nevertheless, DEP has sent invoices to the lessee for the yearly lease fees due for the 212,107.88-square-foot area. The lessee has been paying the annual fees and the fees are current. Since the lease was not executed properly, but the yearly lease fees have been paid, there exists a "tenancy at will" situation at this facility, pursuant to chapter 83, F.S. The "tenancy at will" runs year-to-year, as the lessee submits annual lease fees and the lessor accepts payment.

In addition to the 212,107.88-square-foot area covered in the non-executed lease, an additional 112,254.98 square feet, more or less, has been used as mooring area, and has been preempted by the facility operations. The DNR file does not indicate why this area was not included in the non-executed 1992 modified lease. It may be due to the DNR interpretation of preempted area at that time, although this can not be confirmed. However, under the current rule this area is considered to be preempted and is included in this request to the Board of Trustees. The DEP is recommending that lease fees in arrears, plus interest, totaling $226,287.35 be collected for the period from April 6, 1987 to May 23, 2000.

The non-executed 1992 modified lease term was for a 25-year period. Based upon the unauthorized mooring activities and failure to execute the 1992 lease modification, the lessee has not complied with section 18-21.008(2)(b), F.A.C., and therefore does not qualify for an extended term lease. The DEP recommends the lease be granted for a five-year term. Also, the barge repair facility is not a marina open to the public on a first-come, first-serve basis and does not qualify for a 30 percent discount on the lease fees, pursuant to the qualifying criteria of section 18-21.011(1)(b)2, F.A.C. Therefore, DEP recommends that the 30 percent discount on the lease fees granted in the non-executed 1992 modified lease be eliminated.

In addition to the above, section 18-21.011(1)(b)3, F.A.C., requires a one-time surcharge equivalent to 25 percent of the base fee for all leases and new additional areas. The lessee was not billed for the 25 percent surcharge on the additional preempted area (191,057.59 square feet) authorized by the (non-executed) 1992 modified lease. Therefore, payment of $3,080.80 for the 25 percent surcharge is included in this consideration. Payment of $3,319.94 as the 25 percent surcharge for the additional 112,254.98 square feet of preempted area is also included in this consideration.

Due to the history of non-compliance at this facility, the DEP is recommending additional measures to prevent future unauthorized activities on sovereignty submerged lands. The DEP recommends the removal of all existing offshore cluster/mooring piles outside of the leased premises. The DEP also recommends that the lessee adequately mark (i.e. with buoys or other

Board of Trustees

Agenda – June 13, 2000 Substitute Page Four

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Substitute Item 2, cont.

suitable system) the lease boundaries to clearly delineate the limits of the leased premises. These two measures have been addressed as special approval conditions.

The DEP environmental resource permit does not authorize sewage pumpout facilities or liveaboards. Upland fueling facilities already exist at the facility and are authorized in the existing lease instrument. The recommendations of the Florida Fish and Wildlife Conservation Commission regarding protection of manatees are addressed in the permit and special lease conditions. The project was not required to be noticed, pursuant to section 253.115(5)(i), F.S.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. In accordance with a compliance agreement between the DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed marine railway is consistent with the adopted plan as amended according to a letter received from Clay County dated March 17, 1999.

(See Attachment 2, Pages 1-24)

RECOMMEND DEFERRAL TO THE JULY 25, 2000 CABINET MEETING

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Substitute Item 3 DMS/Miami-Dade Fire Rescue Department/DJJ Leases

DEFERRED FROM THE MARCH 28, 2000 AGENDA

DEFERRED FROM THE APRIL 11, 2000 AGENDA

REQUEST: Consideration of a request for (1) a 50-year lease to the Department of Management Services for five acres, more or less, of state-owned land; (2) a 50-year lease to the Miami-Dade Fire Rescue Department for 55 acres, more or less, of state-owned land; and (3) a 50-year lease to the Department of Juvenile Justice for 25 acres, more or less, of state-owned land.

COUNTY: Miami-Dade

APPLICANT: Department of Management Services, Miami-Dade Fire Rescue Department, and Department of Juvenile Justice

LOCATION: Section 28, Township 53 South, Range 40 East

STAFF REMARKS: The Department of Environmental Protection (DEP), Division of State Lands (DSL), recently received multiple requests from governmental agencies to lease a 70.12-acre parcel of state-owned land in Miami-Dade County. The property is located in an unincorporated section of western Miami-Dade County, five miles west of the Miami International Airport, and is commonly referred to as the FAA Tract. Requests were received from the United States Southern Command (Southcom), Miami-Dade Fire Rescue Department (MDFR), Department of Health (DOH), Department of Juvenile Justice (DJJ), and Department of Management Services (DMS). The DOH subsequently withdrew its request, and on April 11, 2000,

Board of Trustees

Agenda – June 13, 2000 Substitute Page Five

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Substitute Item 3, cont.

the Board of Trustees approved a lease of the easternmost 15 acres to Southcom, leaving 55.12 acres to be distributed between the MDFR, DMS and DJJ. Consideration of the remaining requests was deferred until June 13, 2000, to allow Miami-Dade County (County) and the DJJ time to locate an alternative site for the DJJ’s juvenile detention facility.

Of the remaining 55.12 acres, the MDFR is requesting the entire 55.12 acres, the DMS is requesting five acres, and the DJJ is requesting 25 acres. The total acreage requested exceeds the available acreage. Pursuant to section 18-2.019(5)(a), F.A.C., before a parcel of land is offered for lease to a local or federal unit of government or a private party, it shall first be offered to state agencies. For this reason, the DSL recommends that the DMS request for five acres be approved. Since the DJJ is having difficulty siting its facility because of opposition from local residents and County representatives, the DEP recommends that the County locate acceptable alternative lands before use of the state-owned land is preempted for a local government use. The DEP recommends that both the MDFR and DJJ requests be denied until such time as an alternative site is identified for the DJJ facility.

The West Dade Federation of Homeowner Associations (Association) initially requested additional time to review the Southcom and MDFR requests. It has since indicated that it supports the MDFR’s request. The Association continues to object to the DJJ request.

Pursuant to section 18-2.018(1)(a), F.A.C., the decision to authorize the use of Board of Trustees uplands requires a determination that such use is not contrary to the public interest. The proposed lease to the DMS is part of that agency’s efforts to locate communications towers state-wide to improve agency communications; therefore, the DSL staff believes the request is not contrary to the public interest.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. A compliance agreement between the DCA and the local government has been finalized. The leases have all been determined to be consistent with the adopted plan, as amended, according to the Miami-Dade Department of Planning and Zoning.

(See Attachment 3, Pages 1-22)

RECOMMEND (1) APPROVAL OF A 50-YEAR LEASE TO THE DMS FOR FIVE ACRES, MORE OR LESS, OF STATE-OWNED LAND, SUBJECT TO RECEIPT OF A SURVEY OF THE RESPECTIVE LEASE AREA THAT IS ACCEPTABLE TO THE DSL; (2) DENIAL OF A 50-YEAR LEASE TO THE MDFR FOR 55 ACRES, MORE OR LESS, OF STATE-OWNED LAND; AND (3) DENIAL OF A 50-YEAR LEASE TO THE DJJ FOR 25 ACRES, MORE OR LESS, OF STATE-OWNED LAND

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Substitute Item 4 Department of State/City of Tallahassee Perpetual Easements/Mission San Luis Archaeological and Historic Site

REQUEST: Consideration of a request for two perpetual conservation easements to the City of Tallahassee restricting future development of 13.80 acres and 2.37 acres, respectively, of state-owned land at the Mission San Luis Archaeological and Historic Site.

Board of Trustees

Agenda – June 13, 2000 Substitute Page Six

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Substitute Item 4, cont.

COUNTY: Leon

APPLICANT: Department of State

LOCATION: Section 27, Township 01 North, Range 01 West

STAFF REMARKS: The Department of State, Division of Historical Resources (DHR) currently leases the Mission San Luis Archaeological and Historic Site (Mission) under Board of Trustees’ Lease Number 3313. The 60-acre tract represents the center of the seventeenth century town of San Luis de Talamali, occupied by Franciscan friars, Spanish soldiers, and more than 1000 Apalachee native people between 1650 and 1704. Since 1983, the DHR has conducted archaeological excavations, completed historical documentary research, and offered museum programs to educate the public about this important chapter in Florida history.

Based on the results of its extensive archaeological and historical research, the DHR is developing an outdoor historical museum featuring reconstructed seventeenth century buildings and living history interpreters. The mission church, council house and chief’s house have already been reconstructed at original size and location using historically appropriate materials and construction methods. These buildings, as well as other infrastructure improvements at the Mission for visitor and staff services, are constructed under agreement with the Department of Management Services, and all construction is subject to local government permitting. Building permits were issued for construction conditioned upon establishment of a temporary stormwater retention facility and a commitment to request that conservation easements be granted by the Board of Trustees.

During the most recent phase of construction, the City of Tallahassee/Leon County Growth Management Department (GMD) required that the conservation easements be granted as a condition of environmental and building permitting. At the present time, construction is stopped and cannot be resumed until the easements are recorded. The GMD is requiring two conservation easements, one for 13.80 acres north of Mission Road and one for 2.37 acres south of Mission Road. The Department of Environmental Protection, Division of State Lands (DSL) has historically discouraged the granting of conservation easements as a condition of developing state-owned lands. It is the DSL’s belief that state-owned lands are already protected because they are in public ownership and development is controlled by the Governor and Cabinet, sitting as the Board of Trustees. The GMD, however, is still requiring the conservation easements before it will issue the necessary permits. Staff has analyzed the question on whether the Board of Trustees can be subjected to local government requests for conservation easements in connection with state-owned-lands. While the answer is not clear cut, DSL staff has determined that the conservation easements are consistent with the approved management plan activities for this site. In addition, DSL staff recommends that the conservation easements be approved with the understanding that this action does not act in a precedential manner that could bind the Board of Trustees in future requests, but is limited to this request.

The DHR has requested that the Board of Trustees approve the conservation easements. Only the conservation easement for the 13.80 acres north of Mission Road has been surveyed to date to avoid unnecessary survey costs in the event the Board of Trustees decides to deny the request. If the Board of Trustees approves the conservation easements, the DHR will contract for the second survey for the 2.37 acres south of Mission Road. The second conservation easement will be in the same form as the first, with only the legal description changed.

Board of Trustees

Agenda – June 13, 2000 Substitute Page Seven

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Substitute Item 4, cont.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S. The Department of Community Affairs (DCA) determined that the plan was not in compliance. A compliance agreement between the DCA and the local government has been finalized. The proposed action is consistent with the adopted plan according to a letter received from the Tallahassee/Leon County Planning Department.

(See Attachment 4, Pages 1-21)

RECOMMEND APPROVAL SUBJECT TO RECEIPT OF SURVEY FOR SECOND CONSERVATION EASEMENT THAT IS ACCEPTABLE TO THE DSL

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Item 5 BOT/DJJ/City of Jacksonville Land Exchange

REQUEST: Consideration of an exchange agreement under which the Board of Trustees would convey a 0.43-acre parcel of Board of Trustees’ land to the City of Jacksonville in exchange for a 0.46-acre parcel of land owned by the City of Jacksonville for the benefit of the Department of Juvenile Justice.

COUNTY: Duval

APPLICANT: Department of Juvenile Justice

LOCATION: Section 44, Township 02 South, Range 27 East

CONSIDERATION: Value-for-Value

APPRAISED BY

REVIEW Farmer APPROVED EXCHANGE CLOSING

NO. PARCEL ACRES (01/07/99) VALUE VALUE DATE

001006 BOT 0.43 $56,400 $56,400 $56,400 Initial Closing -30 days after

City 0.46 $56,700 $56,700 $56,700* BOT approval / Final Closing

30 days after demolition of

structure on Parcel Two

* There will be no monetary settlement for the difference in value of the exchange parcels.

STAFF REMARKS: In 1996, the City of Jacksonville (City) approached the Department of Juvenile Justice (DJJ) regarding an exchange of land to facilitate the re-alignment of Old St. Augustine Road. The re-alignment will assist the City in its traffic improvements to the entire area. The City needs a parcel of state-owned land presently containing a kitchen/dining facility used by the DJJ as part of a residential treatment facility. The DJJ negotiated this acquisition in accordance with sections 39.074 and 253.025, F. S. Title to the property the City is conveying will vest in the Board of Trustees.

The City-owned parcel is presently unimproved. The City has cleared and filled its land and must have the parcel completely ready to support a standard one-story masonry building as well as fill a portion of the state’s adjacent land prior to the initial closing with the Board of Trustees. The state-owned parcel is part of a larger property that is currently improved with a state-owned and operated 28-bed residential treatment facility for juveniles. The City has agreed to pay $331,535 to DJJ, at the initial closing for the demolition of the kitchen/dining building and the construction of a new kitchen/dining facility. The state-owned parcel will be conveyed to the City at the final closing, after the demolition of the kitchen/dining building has

Board of Trustees

Agenda – June 13, 2000 Additional Page Seven-A

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Item 5, cont.

been completed. The demolition of the building will be the responsibility of DJJ. The City has also agreed to pay $5,000 to DJJ at the final closing to cover the cost of approximately ten days of food catering needed during the relocation of the kitchen equipment. DJJ will be gaining a new kitchen/dining facility as well as an additional piece of land for future expansion of the facility.

At the present time there is no legal ingress and egress for the City-owned parcel. However, upon completion of the Old St. Augustine Road Project, the City-owned parcel will have legal

AGENDA CONTINUED ON NEXT PAGE

Board of Trustees

Agenda – June 13, 2000 Page Eight

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Item 5, cont.

ingress and egress over and across the right-of-way of Old St Augustine Road. The appraisal indicates that it is assumed that the parcel will have access on the proposed re-alignment of Old St. Augustine Road. Additionally, the property will adjoin the existing DJJ youth facility parcel.

On September 3, 1998, the Land Acquisition and Management Advisory Council voted to recommend the exchange.

All mortgages and liens will be satisfied at the time of closing. The Board of Trustees will convey to the City a five-foot-wide temporary construction easement that will run along the side of the new right-of-way line for the proposed Old St Augustine Road. The exchange agreement reflects a 50-foot-wide temporary construction easement that would run along the boundary of the existing state-owned parcel. The City has notified us that this easement is no longer needed. A 15-foot-wide utility easement runs along the end of the City-owned parcel. The utility easement was taken into consideration by the appraiser in his determination of value. The City is in the process of abandoning the utility easement prior to closing. In the event the commitment for title insurance, to be obtained prior to closing, reveals any other encumbrances which may affect the value of the property or the proposed management of the property staff will so advise the Board of Trustees prior to closing.

A certified survey, title insurance policy and an environmental site assessment of the City-owned property will be provided by the City prior to the initial closing.

This property will continue to be managed by DJJ as a residential treatment facility for juveniles.

This acquisition is consistent with section 187.201(02), F.S., the Children section of the State Comprehensive Plan.

(See Attachment 5, Pages 1-38)

RECOMMEND APPROVAL

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Item 6 Wiss Option Agreement/Charlotte Harbor Flatwoods CARL Project

REQUEST: Consideration of an option agreement to acquire 665.28 acres within the Charlotte Harbor Flatwoods CARL project from Ronald E. Wiss, as Trustee.

COUNTY: Lee

LOCATION: Section 09, Township 43 South, Range 23 East

CONSIDERATION: $1,840,000

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Hrabko Bowen APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (05/21/98) (05/21/98) VALUE PRICE PRICE DATE

001007 Wiss/9 665.28 $1,875,000 $1,630,000 $1,875,000 $115,000* $1,840,000 150 days

after BOT

* The property was acquired in 1951. approval

Board of Trustees

Agenda – June 13, 2000 Page Nine

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Item 6, cont.

STAFF REMARKS: The Charlotte Harbor Flatwoods CARL project is ranked number 11 on the CARL Priority Project List approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. The project contains 19,028 acres, of which 11,322.61 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 7,040.11 acres or 37 percent of the project will remain to be acquired.

All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them as appropriate. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing.

A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

Northwest of Fort Myers lies the largest and highest-quality slash-pine flatwoods left in southwest Florida. The pines are home to red-cockaded woodpeckers, black bears, and bald eagles, and an occasional Florida panther ranges the area. The largest population in the world of the rare beautiful pawpaw grows here. Several drainage ditches flow through these flatwoods into the Charlotte Harbor Aquatic Preserve. Public acquisition of the Charlotte Harbor Flatwoods CARL project will protect these flatwoods and connect the Charlotte Harbor State Buffer Preserve with the Babcock-Webb Wildlife Management Area, helping to protect both of these managed areas and the waters of the aquatic preserve.

The property will be managed by the Florida Fish and Wildlife Conservation Commission as part of the Babcock-Webb Wildlife Management Area.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 6, Pages 1-26)

RECOMMEND APPROVAL

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Item 7 Suwannee County Option Agreement/Department of Corrections

DEFERRED FROM THE APRIL 25, 2000 AGENDA

DEFERRED FROM THE MAY 9, 2000 AGENDA

REQUEST: Consideration of an option agreement to acquire 316.75 acres for the benefit of the Department of Corrections from Suwannee County.

COUNTY: Suwannee

APPLICANT: Department of Corrections (DOC)

LOCATION: Section 12, Township 03 South, Range 14 East

Board of Trustees

Agenda – June 13, 2000 Page Ten

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Item 7, cont.

CONSIDERATION: $156,500 (The DOC’s share of the total purchase price of $332,587)

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Candler APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (09/21/99) VALUE PRICE PRICE DATE

001002 Suwannee 316.75 $348,000 $348,000 $332,587 $156,500 60 days after

County BOT approval

STAFF REMARKS: As a result of identifying a need for a corrections facility in the Suwannee County area of the state in 1993, Suwannee County (County) entered into an option agreement with W. K. Daugherty, the owner of the property. The option was extended several times with the County paying additional option money. In 1999, the DOC agreed to contribute $156,500 toward the purchase. At the time of the last extension, Mr. Daugherty advised the County that he would not extend the option and the transaction would have to close no later than March 7, 2000. Due to the limited time period to close on the property, the County decided to proceed to close, with a purchase price of $332,587, and then to convey the property to the Board of Trustees for the same price that the DOC had agreed to contribute. Title to the property acquired will vest in the Board of Trustees. Funds for this acquisition were appropriated by the 1998 Florida Legislature and are still available.

All mortgages and liens will be satisfied at the time of closing. In the event the commitment for title insurance, to be obtained prior to closing, reveals any encumbrances which may affect the value of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

A title insurance policy and an environmental site assessment of the property will be provided by the DOC prior to closing. A survey of the property has already been provided by the County.

This property will be managed by the DOC as a corrections facility.

This acquisition is consistent with section 187.201(07), F.S., the Public Safety section of the State Comprehensive Plan.

(See Attachment 7, Pages 1-25)

RECOMMEND APPROVAL

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Item 8 ScanAmerican Holdings Corporation Purchase Agreement/Green Swamp CARL Project

REQUEST: Consideration of a purchase agreement to acquire 6,156 acres within the Green Swamp CARL project from ScanAmerican Holdings Corporation.

COUNTY: Polk

LOCATION: Sections 22 through 24 and 27 through 35, Township 26 South, Range 26 East; and Sections 02 through 05 and 09, Township 27 South, Range 26 East

CONSIDERATION: $11,240,000

Board of Trustees

Agenda – June 13, 2000 Page Eleven

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Item 8, cont.

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Arline Clayton APPROVED PURCHASE PURCHASE CLOSING

NO. PARCEL ACRES (01/21/99) (02/12/99) VALUE PRICE PRICE DATE

001008 ScanAmer. 6,156 $10,000,000 $11,400,000 $11,400,000 $34,195,529* $11,240,000 180 days

after BOT

* The owner purchased 8,000 acres in 1990. approval

STAFF REMARKS: The Green Swamp CARL project is ranked number 18 on the CARL Priority Project List approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 117,359 acres, of which 7,187 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 104,016 acres or 89 percent of the project will remain to be acquired.

The contract also has provisions for two potential less outs. The first is approximately 75 acres for the proposed right of way for the expansion of I-4 through the property. The contract provides that if the owner negotiates a sale to the Florida Department of Transportation (FDOT) for a portion of the property, that area may be eliminated from the legal description and the purchase price adjusted accordingly. The second potential less out would be effectuated by application of the assignment paragraph of the contract. During the final stages of contract negotiations with the owner, Noah's Ark of Central Florida (Noah’s Ark) approached the Department of Environmental Protection (DEP) and requested the second less out; a 865.9-acre parcel of land located at the intersection of I-4 and County Road 557.

Noah's Ark is a not-for-profit organization, committed to empowering individuals who have developmental disabilities. They propose to build a "campus like" community that would provide vocational training, meaningful jobs and appropriate housing choices to individuals with developmental disabilities. According to representatives from Noah's Ark, an interstate highway location is a critical element in the master plan because its high visibility will help draw visitors to the enterprise center and control marketing expenses. This location will also create a regional identification for Noah's Ark and dramatically enhance the potential for major corporate partnerships. There are few, if any, alternative sites available along the I-4 corridor.

Noah's Ark says its plan provides real solutions and addresses the needs of a large population of individuals that are currently being underserved and, because of their entrepreneurial approach to providing needed services, it will cost the taxpayers less money. The Noah's Ark initiative is modeled after a highly successful program in Illinois, called Lambs Farm, where 65 percent of their funding is raised privately.

Noah's Ark is currently exploring various funding options to acquire this property. They continue to explore potential partnerships with the Department of Children and Family Services and have met with Representatives Dockery and Putnam to explore potential local funding sources within their community. The Noah's Ark master plan includes a major capital campaign in the year 2001. Noah's Ark is highly supported in the greater community, as evidenced by a recent Family Fun Day where over 400 volunteers turned out to help.

The appraisals are currently being revised to place values on these potential less outs. If the FDOT and/or Noah's Ark are in a position to acquire the parcels they have identified prior to the state's acquisition of the ScanAmerican Holdings Corporation (ScanAmerican) ownership, DEP staff will cut out the parcel(s) from the purchase and allow ScanAmerican to close directly with FDOT and/or Noah's Ark. The Trustees' purchase price will be adjusted downward accordingly.

Board of Trustees

Agenda – June 13, 2000 Page Twelve

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Item 8, cont.

If the FDOT and/or Noah's Ark cannot acquire the parcels they have identified prior to the state's acquisition of the ScanAmerican ownership, DEP staff will use less restrictive CARL funds for the purchase of the portion(s) of the parcel required by the FDOT and/or Noah's Ark. If at some future date either the FDOT and/or Noah's Ark seek to purchase its identified portion of the ScanAmerican parcel, following consideration by the Acquisition and Restoration Council, DEP staff will return to the Board of Trustees with a recommendation that either or both of the parcels be designated surplus with the intent of selling the parcel(s) for no less than approved appraised value.

The 1,844 acres adjacent to the proposed acquisition is currently an active sand mine under a mining agreement with Rinker Materials Corporation. The contract includes a provision whereby the sand mine operation is being excluded from acquisition at this time with an exclusive option for the Board of Trustees to acquire the property when the mining agreement expires or is terminated. The value of the mine property, for acquisition purposes, will be based on an appraisal at the time of acquisition. The appraisal selection process will be similar to other recent acquisitions whereby an appraisal selection committee comprised of representatives of the seller and purchaser shall be formed. If notified by the seller that the mining agreement has terminated, DSL staff, subject to availability of funds, would initiate the appraisal process and return to the Board of Trustees with a recommendation to proceed with the purchase based on the outcome of the appraisals. The seller is also required to grant, at closing, an exclusive 60-foot-wide easement through the option property. This easement will provide access through the option property to and through a cattle crossing under I-4.

All mortgages and liens will be satisfied at the time of closing. There are several outstanding leases on the property. A number of the leases involve billboards, all of which are within the proposed I-4 right-of-way expansion. The FDOT will become responsible for these leases when they acquire this right-of-way from ScanAmerican. All of the remaining leases are on lands being acquired by the Trustees. There are leases for a citrus operation, cattle grazing, a racetrack and a mulching operation. The owners will give notice to each tenant thirty days prior to closing and all leases will terminate eleven months after closing. The Florida Fish and Wildlife Conservation Commission (FWCC), the future managing agency, is willing to manage the property with the leases in place for this period. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing.

A survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. A title insurance policy will be provided by the seller with the purchaser reimbursing the seller’s cost at closing.

The mosaic of cypress swamps, pine forests, and pastures known as the Green Swamp is a vital part of the water supply of central Florida. It gives rise to four major river systems and, because it has the highest groundwater elevation in the peninsula, is important for maintaining the flow of water from the Floridan Aquifer. By preserving the mosaic of land use in this region, public acquisition of the Green Swamp CARL project will protect the Floridan Aquifer and the several rivers; preserve a large area for wildlife; and provide areas for public recreation in the rapidly growing region between Tampa and Orlando.

This property will be managed by the FWCC as a Wildlife Management Area.

Board of Trustees

Agenda – June 13, 2000 Page Thirteen

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Item 8, cont.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 8, Pages 1-54)

RECOMMEND APPROVAL

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Item 9 P.M.J. Corporation/Cleaves/Goulter Purchase Agreements/SFWMD/Indian River Lagoon Blueway (Queens Island, Phase II) CARL Project

DEFERRED FROM THE DECEMBER 14, 1999 AGENDA

WITHDRAWN FROM THE JANUARY 25, 2000 AGENDA

REQUEST: Consideration of authorization to acquire a 100 percent interest in 51.41 acres in the Indian River Lagoon Blueway (Queens Island, Phase II) CARL project from P.M.J. Corporation and Robert E. Cleaves, IV and Dorothy Goulter as Co-Trustees.

COUNTY: St. Lucie

Review Number 001001

LOCATION: Sections 14 and 15, Township 34 South, Range 40 East

CONSIDERATION: $720,000 (The Board of Trustees’ 50 percent share of the total purchase price of $1,440,000)

STAFF REMARKS: The Indian River Lagoon Blueway CARL project is ranked number 14 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 9, 1999, and is funded under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 5,136 acres, of which 939.38 acres have been acquired. After the Board of Trustees approves this agreement, 4,145.21 acres or 81 percent of the project will remain to be acquired.

On April 27, 1999, the Board of Trustees authorized staff to enter into an acquisition agreement with the South Florida Water Management District (District) and St. Lucie County (County) to acquire multiple ownerships located in Queens Island, Phase II of the Indian River Lagoon Blueway CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S.

The District contracted to purchase both ownerships at 100 percent of the appraised value. This project’s funding involves a federal grant through the U.S. Fish and Wildlife Service (USFWS). The federal acquisition procedures obligate the District to offer the full appraised value and pay all closing costs. The Board of Trustees will contribute 50 percent, the USFWS will provide 39.9 percent, from the grant, and the County will contribute 10.1 percent of the purchase price for the contract. Pursuant to the terms of the acquisition agreement, the District shall be reimbursed 50 percent by the Board of Trustees, 39.9 percent by the USFWS and 10.1 percent by the County of all costs associated with its attempt to acquire lands within the project, including pre-acquisition and closing related costs. Title to the property will vest 100 percent in the Board of Trustees.

Board of Trustees

Agenda – June 13, 2000 Page Fourteen

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Item 9, cont.

As provided for in the acquisition agreement, on October 14, 1999, the Governing Board of the District adopted Resolution No. 99-102 requesting the Board of Trustees’ share of the purchase price for all parcels, reimbursement of 50 percent of its pre-acquisition costs and reimbursement of 50 percent of its closing costs (recording, title insurance policy and survey costs). Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

When this agenda item was initially presented to the Cabinet Aides for review, a question was raised regarding the possible inclusion of sovereign lands in the total area being acquired. The survey that was provided by the South Florida Water Management District for this acquisition did not address the water boundary question. Since there was no current mean high water line location at the project site, the Bureau of Survey and Mapping contracted with a DSL- approved surveyor to establish a tidal datum in the project vicinity and locate the mean high water line within the entire project boundary. The tidal datum was established by several days of data collection that was performed in accordance with DSL methodology. The elevation of mean high water was then observed in the field and located on aerial photography. The area of submerged land was then deducted from the total areas of each affected parcel shown on the survey. This information was then supplied to the District for evaluation. For this acquisition, the total area of tract 100-021 was reduced from 26.262 acres to 23.102 acres and tract 100-023 was reduced from 27.323 acres to 24.323 acres. This area reduction was located in the surveyed areas designated as wetlands. The areas of tracts 100-022 and 100-024 remain the same, each containing 1.99 acres. The District staff appraiser indicated that the site value was based upon the number of upland acres and a minimum required number of on-site wetland mitigation acres. All of the lost acreage involved wetland areas in excess of the minimum number required for on-site mitigation; therefore, there was no change in value.

Public acquisition will help preserve and improve the aquatic natural communities of the Indian River Lagoon, one of the country’s most productive, diverse, and commercially and recreationally important estuaries. A third of the country’s manatee population lives in the Indian River, and the area is important for many migratory birds as well as for oceanic and estuarine fishes. Additionally, public acquisition will provide natural resource-based recreation in a developing area of Florida.

These parcels will be managed by the County, through a sublease from the Department of Environmental Protection, Office of Coastal and Aquatic Managed Areas, as a buffer to several area aquatic preserves.

These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 9, Pages 1-65)

RECOMMEND APPROVAL

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Item 10 Martinez Purchase Agreement/SFWMD/East Everglades CARL Project

DEFERRED FROM THE MAY 9, 2000 AGENDA

REQUEST: Consideration of authorization to acquire 100 percent interest in 81.99 acres within the East Everglades CARL project from Jose R. and Alicia P. Martinez.

Board of Trustees

Agenda – June 13, 2000 Page Fifteen

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Item 10, cont.

COUNTY: Miami-Dade

Review Number 001005

LOCATION: Section 24, Township 52 South, Range 39 East

CONSIDERATION: $1,885,000

STAFF REMARKS: The East Everglades CARL project is ranked number 3 on the CARL Mega-Multiparcels Project List approved by the Board of Trustees on February 9, 1999, and is funded under the Division of State Lands’ Land Acquisition Workplan. The area known as the East Coast Buffer covers 59,088 acres. Of this, 2,189 acres will be protected by mitigation and 33,817 acres are of a lower priority, including land owned by local governments and acres that may not need to be acquired. Of the remaining 23,082 acres proposed for acquisition, 17,995.48 acres have been acquired. After the Board of Trustees approves this acquisition, and another acquisition in the East Everglades project presented today, 4,964.53 acres or 22 percent of the area will remain to be acquired.

The East Coast Buffer consists of approximately 59,088 acres of marshes, reservoirs, and groundwater recharge areas in Palm Beach, Broward and Miami-Dade counties. However, the most significant aspect of the East Coast Buffer is its role in restoring the Everglades. In 1992, Congress authorized the U.S. Army Corps of Engineers (COE) to conduct a restudy of the Central and Southern Florida Project. The reconnaissance report for this restudy was completed in 1994 and the COE incorporated the East Coast Buffer in its analysis, referring to the area as the "Water Preserve Areas." Further detailed study of this Everglades restoration project component has already been authorized by Congress and a final detailed plan will be prepared by September 2001. The Final Restudy Report and Programmatic Environmental Impact Statement were released on April 7, 1999, for final public review and comment. The report received a favorable review by the Department of Environmental Protection (DEP) and other agencies and was submitted to Congress on July 1, 1999.

The purpose of the East Coast Buffer/Water Preserve Areas is to: (1) increase storage and hold more water in the system by controlling seepage from the Everglades, thus restoring more natural Everglades hydropatterns; (2) capture and store excess stormwater currently discharged to coastal waters, thus retaining an important water supply source for both urban and natural systems; (3) provide a buffer between natural and developed areas; (4) preserve and protect wetlands outside the publicly-owned Everglades; and (5) provide important transitional land uses between the natural and developed areas. East Coast Buffer/Water Preserve Areas may also enhance flood control in areas to the east of these lands. The East Coast Buffer lands are under intense development pressure in all counties. Therefore, immediate public acquisition is needed to preserve and enhance wetlands and preserve opportunities for the restoration of the Everglades ecosystem.

To implement this restoration, during the last decade the South Florida Water Management District (District) has acquired over 16,000 acres at a cost of $119,000,000. In anticipation of the Board of Trustees’ participation in this effort, the East Coast Buffer was added to the East Everglades CARL project on March 15, 1996. District funding is now limited but the District offered to take the lead in acquiring the property on behalf of the Board of Trustees. On December 8, 1998, the Board of Trustees authorized staff to enter into an acquisition agreement to acquire various ownerships located in the East Coast Buffer portion of the East Everglades CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On June 15, 1995, the Board of Trustees approved

Board of Trustees

Agenda – June 13, 2000 Page Sixteen

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Item 10, cont.

the use of the District's procedures to allow the District to acquire lands to be held by the Board of Trustees. Since the land being acquired will be part of a federal project, federal acquisition procedures are being used.

The subject property is located in an area of environmental concern known as the Northwest Dade County Freshwater Lake Plan Area (also known as the "Lake Belt Area"). The area is one of the most environmentally-sensitive areas of the state, but it also provides half of the limestone mining resources used in the state every year. A Lake Belt Area Plan and a committee were established to find the proper balance between the economic values of continued rock mining, the environmental values of the freshwater wetlands, the protection of public water supplies and on-going federal, state and local efforts to restore the greater Everglades ecosystem. The study recommends an overall environmental permitting framework to create a coordinated freshwater lake system to replace the current checkerboard mosaic of quarried lakes now being created at a rate of 300 to 400 acres per year by mining operations. Because of the extremely sensitive nature of the property, permits for many uses other than agricultural will not be allowed.

The Central and Southern Florida Project was authorized 50 years ago to provide flood protection and fresh water to south Florida. This project accomplished its intended purpose and allowed people to more easily live on the land. However, it did so at a tremendous ecological cost to the Everglades. While the population has risen from 500,000 in the 1900's to more than 6 million today, the number of native birds and other wildlife have dwindled and some have vanished. The Water Resources Development Acts of 1992 and 1996 provided the U.S. Army Corps of Engineers (Corps) with the authority to review the current Central and Southern Florida Project. The Corps was asked to develop a comprehensive plan to restore and preserve south Florida’s natural ecosystem while enhancing water supplies and maintaining flood protection. The Comprehensive Everglades Restoration Plan (Plan) resulting from the effort calls for a series of water system improvements over more than 20 years with an estimated cost of $7.8 billion. The Plan will incorporate a number of restoration projects already underway. It will be the most ambitious ecosystem restoration effort ever undertaken in the United States. Its fundamental goal is to capture most of the fresh water that now flows unused to the ocean and gulf to deliver it when and where it is needed most.

The subject property is needed for the North Lake Belt Storage Area project component. This is one of the 68 project components that comprise the Plan. The North Lake Belt Storage Area is an in-ground reservoir to capture a portion of runoff from C-6, western C-11 and C-9 Basins. The in-ground reservoir, with perimeter seepage barrier, will allow storage of water without concerns of groundwater contamination. The subject property will be used as a storm water treatment area. The stored water will be used to prevent saltwater intrusion by maintaining stages during the dry season in the C-9, C-6, C-7, C-4 and C-2 Canals and to provide deliveries to Biscayne Bay to aid in meeting salinity targets.

The District has acquired an agreement for sale and purchase to purchase the Martinez parcels at 100 percent of appraised value. Pursuant to the terms of the acquisition agreement, the District shall be reimbursed for all costs associated with acquiring the property, including pre-acquisition and closing related costs. The Board of Trustees’ purchase price will be 100 percent of the contract price negotiated by the District plus 100 percent of the cost incurred in the purchase of the property. Title to the property acquired will vest in the Board of Trustees.

As provided for in the acquisition agreement, on March 9, 2000, the Governing Board of the District adopted Resolution 2000-16 requesting the Board of Trustees’ purchase price for the parcels, reimbursement of 100 percent of its pre-acquisition costs and reimbursement of 100

Board of Trustees

Agenda – June 13, 2000 Substitute Page Seventeen

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Item 10, cont.

percent of its closing costs. The remaining parcels in the resolution were under $250,000. Authority to approve the reimbursement of parcels under $250,000 was delegated to the DEP by the Board of Trustees on June 22, 1999. Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

The East Coast Buffer portion of the East Everglades CARL project will be managed by the District in conjunction with COE Everglades restoration projects. As local sponsor for the restoration projects, the District is required to hold a title interest sufficient to meet COE certification requirements. While the COE would prefer the sponsor to hold fee title, section 259.101(3)(g), F.S., states that title to lands acquired with P2000 funds under the CARL program must vest in the Board of Trustees. The acquisition agreement includes a provision whereby the Board of Trustees will convey to the District an easement consistent with section 253.034(4), F.S., for any lands acquired under this agreement that are to become part of a COE-approved Everglades restoration project. DEP staff is currently working with the COE and the District to develop an easement sufficient for COE certification. The COE will require the easement to include a statement that the land interest will not be impaired during the life of the project and that the COE is granted an irrevocable right to enter the project lands for the purpose of constructing, inspecting, completing, operating, repairing, maintaining, replacing or rehabilitating the projects. In the event that the COE determines that fee title is required to meet certification requirements, statutes would need to be amended to permit entities other than the Board of Trustees to hold title to lands acquired with P2000 funds under the CARL program.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 10, Pages 1-57)

RECOMMEND APPROVAL

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Substitute Item 11 FEJ International, Inc., Purchase Agreement/SFWMD/East Everglades CARL Project

REQUEST: Consideration of authorization to acquire 100 percent interest in 40.0 acres within the East Everglades CARL project from FEJ International, Inc.

COUNTY: Miami-Dade

Review Number 001009

LOCATION: Section 18, Township 54 South, Range 39 East

CONSIDERATION: $320,000

East Coast Buffer covers 59,088 acres. Of this, 2,189 acres will be protected by mitigation and 33,817 acres are of a lower priority, including land owned by local governments and acres that may not need to be acquired. Of the remaining 23,082 acres proposed for acquisition,

Board of Trustees

Agenda – June 13, 2000 Substitute Page Eighteen

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Substitute Item 11, cont.

17,995.48 acres have been acquired. After the Board of Trustees approves this acquisition, and another acquisition in the East Everglades project presented today, 4,964.53 acres or 22 percent of the area will remain to be acquired.

The subject property is located in an area of environmental concern known as the Northwest Dade County Freshwater Lake Plan Area (also known as the "Lake Belt Area"). The area is one of the most environmentally sensitive areas of the state, but it also provides half of the limestone mining resources used in the state every year. A Lake Belt Area Plan and a committee were established to find the proper balance between the economic values of continued rock mining, the environmental values of the freshwater wetlands, the protection of public water supplies and on-going federal, state and local efforts to restore the greater Everglades ecosystem. The study recommends an overall environmental permitting framework to create a coordinated freshwater lake system to replace the current checkerboard mosaic of quarried lakes now being created at a rate of 300 to 400 acres per year by mining operations.

Board of Trustees

Agenda – June 13, 2000 Substitute Page Nineteen

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Substitute Item 11, cont.

Because of the extremely sensitive nature of the property, permits for many uses other than agricultural will not be allowed.

The subject land is needed for the Bird Drive Basin project component. This is one of the 68 project components that comprise the Comprehensive Everglades Restoration Plan. The Bird Drive Basin project component captures runoff from the western C-4 Basin and accepts inflows from the West Miami-Dade Wastewater Treatment Plant to recharge groundwater and reduce seepage from the Everglades National Park buffer areas by increasing water table elevations east of Krome Avenue. The facility will also provide C-4 canal flood peak attenuation and water supply deliveries to the South Dade Conveyance System and Northeast Shark River Slough for Everglades National Park restoration.

The District has acquired two agreements for sale and purchase to purchase the FEJ International, Inc., parcels at 100 percent of appraised value. Pursuant to the terms of the acquisition agreements, the District shall be reimbursed for all costs associated with acquiring the properties, including pre-acquisition and closing related costs. The Board of Trustees’ purchase price will be 100 percent of the contract price negotiated by the District plus 100 percent of the cost incurred in the purchase of the properties. Title to the properties acquired will vest in the Board of Trustees.

As provided for in the acquisition agreement, on April 13, 2000, the Governing Board of the District adopted Resolution 2000-20 requesting the Board of Trustees’ purchase price for the parcels, reimbursement of 100 percent of its pre-acquisition costs and reimbursement of 100 percent of its closing costs. The remaining parcels in the resolution were under $250,000. Authority to approve the reimbursement of parcels under $250,000 was delegated to the DEP by the Board of Trustees on June 22, 1999. Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

Board of Trustees

Agenda – June 13, 2000 Substitute Page Twenty

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Substitute Item 11, cont.

253.034(4), F.S., for any lands acquired under this agreement that are to become part of a COE-approved Everglades restoration project. DEP staff is currently working with the COE and the District to develop an easement sufficient for COE certification. The COE will require the easement to include a statement that the land interest will not be impaired during the life of the project and that the COE is granted an irrevocable right to enter the project lands for the purpose of constructing, inspecting, completing, operating, repairing, maintaining, replacing or rehabilitating the projects. In the event that the COE determines that fee title is required to meet certification requirements, statutes would need to be amended to permit entities other than the Board of Trustees to hold title to lands acquired with P2000 funds under the CARL program.

These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 11, Pages 1-67)

RECOMMEND APPROVAL

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