Cabinet Affairs

Item 1 Minutes

Submittal of the minutes of the September 26, 1996 Cabinet meeting.

RECOMMEND ACCEPTANCE

Item 2 Keith L. Ross Purchase Agreement/Survey Waiver/Belle Meade CARL Project

REQUEST:  Consideration of (1) a purchase agreement to acquire 42.10 acres within the Belle Meade CARL project from Keith L. Ross; and (2) a request for survey waiver.

COUNTY:  Collier

LOCATION:  Section 17, Township 50 South, Range 27 East

CONSIDERATION:  $75,750

APPRAISED BY

REVIEW PARCEL (Dane) APPROVED PURCHASE CLOSING

NO. NO. OWNER ACRES (11/28/95) VALUE PRICE DATE

618002 252 Ross 42.10 $75,780 $75,780 $75,750 6 months after BOT

approval

STAFF REMARKS:  The Belle Meade CARL project is ranked number 3 on the CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and is eligible for purchase under the Division of State Lands' Land Acquisition Workplan.  This project contains 17,987 acres, of which 6,651 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement and other agreements in the Belle Meade project presented today, 11,133 acres or 62 percent of the project will remain to be acquired.

All mortgages and liens will be satisfied at the time of closing.  In the event the commitment for title insurance provided by the purchaser, 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 waiver of the requirement for survey of this parcel is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the benefit of a survey of this parcel would be outweighed by the cost and time involved in obtaining the survey. While this parcel is being recommended for a waiver of survey at this time, should the title commitment reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing.

An environmental site assessment will be provided by purchaser prior to closing.

The cypress swamps and old-growth slash pine flatwoods in the Belle Meade project, extending to the fast-developing suburbs of Naples, are still important for such endangered wildlife as Florida panthers, red-cockaded woodpeckers, and Florida black bear. Belle Meade is also the watershed for Rookery Bay. The Belle Meade CARL project will conserve the westernmost large natural area in southwest Florida, protect some of the southernmost populations of several rare animals, and help protect the quality of the subtropical estuary of Rookery Bay by preserving the critical hydrological connection from the flatwoods and swamps

Board of Trustees

Agenda - November 7, 1996

Page Two

Item 2, cont.

to the bay, while providing a large area for recreation in a natural environment to residents of and visitors to rapidly urbanizing southwest Florida.

This property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as part of the Picayune Strand State Forest.

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 2, Pages 1-11)

RECOMMEND APPROVAL

Item 3 Robert H. Jaeger and Associates, Inc. Option Agreement/Survey Waiver /Belle Meade CARL Project

REQUEST:  Consideration of (1) an option agreement to acquire 160.60 acres within the Belle Meade CARL project from Robert H. Jaeger and Associates, Inc.; and (2) a request for survey waiver.

COUNTY:  Collier

LOCATION:  Section 04, Township 50 South, Range 27 East

CONSIDERATION:  $257,000

APPRAISED BY

REVIEW PARCEL (Dane) APPROVED PURCHASE OPTION

NO. NO. OWNER ACRES (11/28/95) VALUE PRICE DATE

618003 067 Jaeger 160.60 $289,080 $289,080 $257,000 02/28/97

STAFF REMARKS:  The Belle Meade CARL project is ranked number 3 on the CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and is eligible for purchase under the Division of State Lands' Land Acquisition Workplan.  This project contains 17,987 acres, of which 6,651 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement and other agreements in the Belle Meade project presented today, 11,133 acres or 62 percent of the project will remain to be acquired.

All mortgages and liens will be satisfied at the time of closing.  In the event the commitment for title insurance provided by the purchaser, 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 waiver of the requirement for survey of this parcel is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the benefit of a survey of this parcel would be outweighed by the cost and time involved in obtaining the survey. While this parcel is being recommended for a waiver of survey at this time, should the title commitment reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing.

Board of Trustees

Agenda - November 7, 1996

Page Three

Item 3, cont.

An environmental site assessment will be provided by purchaser prior to closing.

The cypress swamps and old-growth slash pine flatwoods in the Belle Meade project, extending to the fast-developing suburbs of Naples, are still important for such endangered wildlife as Florida panthers, red-cockaded woodpeckers, and Florida black bear. Belle Meade is also the watershed for Rookery Bay. The Belle Meade CARL project will conserve the westernmost large natural area in southwest Florida, protect some of the southernmost populations of several rare animals, and help protect the quality of the subtropical estuary of Rookery Bay by preserving the critical hydrological connection from the flatwoods and swamps to the bay, while providing a large area for recreation in a natural environment to residents of and visitors to rapidly urbanizing southwest Florida.

This property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as part of the Picayune Strand State Forest.

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 3, Pages 1-19)

RECOMMEND APPROVAL

Item 4 TNC/Sun 'n Lake of Sebring Improvement District Option Agreement/Lake Wales Ridge Ecosystems CARL Project

REQUEST: Consideration of the acquisition of an option agreement to acquire approximately 205 acres within the Lake Wales Ridge Ecosystems CARL project from The Nature Conservancy, Inc. (TNC).

COUNTY: Highlands

LOCATION: Sections 04, 05 and 06, Township 34 South, Range 28 East.

CONSIDERATION: $1,126,000 ($1,100,000 for the acquisition; $26,000 for the purchase of the option agreement)

APPRAISED BY

REVIEW Miller Rex APPROVED PURCHASE OPTION

NO. ACRES (08/11/95) (08/15/95) VALUE PRICE DATE

618001 205 $1,190,000 $1,275,000 $1,275,000 $1,100,000 120 days after BOT approval

STAFF REMARKS: The Lake Wales Ridge Ecosystems CARL project is ranked number 1 on the CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. This project contains 33,031 acres, of which 1,250 acres have been acquired by South Florida Water Management District and 10,140 acres have been acquired or are under agreement to be acquired by the Board of Trustees. If the Board of Trustees approves this agreement, 21,641 acres or 66 percent of the project will remain to be negotiated.

Pursuant to a multi-party acquisition agreement entered into between the Division of State

Board of Trustees

Agenda - November 7, 1996

Page Four

Item 4, cont.

Lands (DSL) and TNC, TNC has acquired an option to purchase approximately 205 acres within the Lake Wales Ridge Ecosystems CARL project from Sun 'n Lake of Sebring Improvement District, a special district and public corporation of Florida. If this item is approved, the Board of Trustees will acquire the option from TNC for $26,000. The Board of Trustees may then exercise the option and purchase the property. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL approved value of the property.

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 other encumbrances which may affect the value or proposed management of the property, staff will so advise the Board of Trustees prior to closing.

A certified survey will be provided by the purchaser prior to closing. An environmental site assessment will be provided by the seller prior to closing.

The high, sandy Lake Wales Ridge, stretching south from near Orlando almost to Lake Okeechobee, was originally covered with a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is unique in the world - it is inhabited by many plants and animals found nowhere else - but it has almost completely been converted to citrus groves and housing developments. The Lake Wales Ridge Ecosystems CARL project is designed to protect the best remaining tracts of this scrub and the ecosystems associated with it, thereby preserving several endangered species and allowing the public to see examples of the unique original landscape of the ridge.

This property will be managed by the Florida Game and Fresh Water Fish Commission under a single-use concept as a unit of the Lake Wales Ridge Ecosystems.

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 4, Pages 1-47)

RECOMMEND APPROVAL

Item 5 TNC Option Agreements/Managing Agency Designation/Florida Keys Ecosystem CARL Project

REQUEST: Consideration of (1) the acquisition of two option agreements to acquire approximately 112.1 acres within the Florida Keys Ecosystem CARL project from The Nature Conservancy, Inc. (TNC), utilizing appraisals based on land use regulations in effect as of January 1, 1996; and (2) designation of the Game and Fresh Water Fish Commission as the managing agency for Stirrup Key within the Florida Keys Ecosystem CARL project.

COUNTY: Monroe

LOCATION: Section 27, Township 61 South, Range 39 East and Section 01, Township 66 South, Range 32 East

Board of Trustees

Agenda - November 7, 1996

Page Five

Item 5, cont.

CONSIDERATION: $1,751,140 ($1,707,000 for the acquisition, $44,140 for the purchase of the option agreements)

APPRAISED BY

REVIEW Ames Parker APPROVED PURCHASE OPTION

NO. PARCEL ACRES (05/02/95) (05/25/95) VALUE PRICE DATE

618004 Marr/Gillman 59.30 $ 760,000 $ 760,000 $ 760,000 $ 707,000 04/15/97

Ames Cantwell

(04/15/94) (05/26/94)

618005 Blue Heron 52.80 $1,215,000 $1,125,000 $1,215,000 $1,000,000 12/02/96

112.10 $1,975,000 $1,707,000

STAFF REMARKS: The Florida Keys Ecosystem CARL project is ranked number 5 on the CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan.  The project contains 6,964 acres, of which 817.72 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement, 6,034 acres or 86 percent of the project will remain to be negotiated.

On March 12, 1996, the Board of Trustees exercised its authority under section 259.041(1), F.S., to waive the normal appraisal procedures and to substitute other reasonably prudent procedures. This waiver enabled the Division of State Lands (DSL) to utilize approved appraised values that were based on land use regulations in effect as of January 1, 1996, in Monroe County, Florida.

Pursuant to a multi-party acquisition agreement entered into between the DSL and TNC, TNC has acquired two options to purchase 112.1 acres within the Florida Keys Ecosystem CARL project. The first agreement is for 59.3 acres from Stuart D. Marr and Ronald C. Gillman (Newport Hammocks) and the second agreement is for 52.8 acres from Blue Heron of the Keys, Inc., a Florida corporation (Stirrup Key Hammocks). After these acquisitions are approved, the Board of Trustees will acquire the options from TNC for $44,140, which represents TNC's costs associated with acquiring these options. The Board of Trustees may then exercise the options and purchase the properties. The assignments of the option agreements provide that payment to TNC is contingent upon the Board of Trustees successfully acquiring the properties from the owners. These assignments further provide that the final purchase price for the options and the purchase price of the properties will not exceed the DSL approved value of the properties.

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

The environmental site assessments and title insurance will be provided by the sellers prior to closing. The certified surveys will be provided by the purchaser.

The Florida Keys Ecosystem is part of a strategy for conserving the biological diversity of the tropical hardwood hammock ecosystem in the continental United States. The project (located in a designated Area of Critical State Concern) would provide a network of hammock forest preserves linking existing hammock preserves in North Key Largo and the Lower Keys, ensuring that critical ecological processes will be preserved. Natural communities within the project sites include tropical hardwood hammock (Rockland Hammock), estuarine tidal swamp and coastal rock barren.

The Marr/Gillman property will be managed by the Division of Recreation and Parks for the conservation and preservation of its natural resources. Board of Trustees

Agenda - November 7, 1996

Page Six

Item 5, cont.

At the time the Board of Trustees approved the CARL Annual Report on February 13, 1996, TNC was identified as the manager for Stirrup Key within the Florida Keys Ecosystem CARL Project. After consultation with TNC and the Game and Fresh Water Fish Commission (GFC), staff recommends that the Board of Trustees designate GFC as the manager of Stirrup Key within the Florida Keys Ecosystem. GFC will manage the Blue Heron of the Keys property for the perpetuation and maintenance of its natural communities. This recommendation to designate GFC as the project manager is made with concurrence of the Land Acquisition Advisory Council.

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 5, Pages 1-77)

RECOMMEND APPROVAL

Item 6 Spencer Boat Company, Inc. (d/b/a Rybovich Spencer) Submerged Land Lease

DEFERRED FROM OCTOBER 22, 1996 AGENDA

REQUEST: Consideration of (1) an application for a modification of a five-year sovereignty submerged land lease by extending the term to 25 years, to contain a total of 149,216 square feet, more or less, for an expansion of a commercial yacht repair facility; and (2) authorization for the severance of 4,766 cubic yards of sovereign material.

COUNTY: Palm Beach

Lease No. 500007116

Application No. 502218679

APPLICANT: Spencer Boat Company, Inc.

(d/b/a Rybovich Spencer)

LOCATION: Sections 03 and 10, Township 43 South, Range 43 East, in Lake Worth,

Class III Waters, within the local jurisdiction of the City of West Palm Beach.

Aquatic Preserve: No

Outstanding Florida Waters: No

CONSIDERATION: (for the initial modified lease to contain a total of 23,972 square feet) $13,169.84, representing (1) $1,997.46 as the initial lease fee computed at the base rate of $0.1070 per square foot, discounted 30 percent because of the first-come, first-served nature of the facility, and including the initial 25 percent surcharge payment for the additional area; (2) $448.88 as the annual extended lease term payment calculated at a factor of .25 times the lease fee; and (3) $10,723.50 for the severance of sovereign material computed at the rate of $2.25 cubic yards pursuant to section 18-21.011(3)(a)2, F.A.C. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted based on seven percent of the rental rate pursuant to section 18-21.011, F.A.C.

STAFF REMARKS: The lessee is proposing to reconfigure and expand an existing 79­slip commercial yacht repair and yacht-building facility with rental slips. The existing facility is Board of Trustees

Agenda - November 7, 1996

Page Seven

Item 6, cont.

comprised of registered grandfather structures (GSR #500019), structures under lease, and structures on privately-owned submerged land. The lessee is proposing to remove the three existing docks, reconfigure the facility, and construct three new docks with fewer but larger slips, for a new total of 51 slips. The facility is located partly on sovereign submerged land and partly on privately-owned submerged land. As such, only 34 slips will be located entirely or partly on sovereign submerged land; the remainder are on privately-owned submerged land and are not subject to this review.

The lessee is requesting authorization for the entire project (61,680 additional square feet for a total of 149,216 square feet) at this time and plans to carry out the reconfiguration and expansion in phases. At this time, the lessee is proposing to construct in the areas identified as Phases B and X by removing the grandfathered structures and replacing them with new, larger structures. The portions coming under lease are those on sovereign submerged lands (all of the Phase X syncrolift and two slips of a new dock as Phase B). The next planned lease modification will be to add Phase Y (see table) and the two grandfathered areas during their reconfiguration and expansion. The final planned lease modification will be to add the final proposed construction of the T-dock.

All of the phases will be authorized at this time; however, a modified lease will be issued to add only Phases B and X to the current lease area. Lease fees have been calculated for only the existing lease area plus those two phases. Future lease modifications will be issued in accordance with the lessee's proposed expansion plan and associated lease fees will be added as phases are constructed. A special lease condition to address this agreement will be included in the modified lease.

The existing sovereignty submerged land lease, approved by the Department of Environmental Protection on October 24, 1978, authorized the preemption of 7,536 square feet of sovereignty lands. The proposed additional lease area to be added to the current lease area and paid for now is 16,436 square feet (Phases B and X), for a total modified lease area of 23,972 square feet. The proposed future modified lease area will include the remaining phases, the grandfathered areas, and the T-dock for a total modified lease area of 149,216 square feet.

All of the proposed slips will be maintained on an open to the public, first-come, first-served basis and has been addressed as a special lease condition.

The lessee is also proposing to dredge 4,766 cubic yards of sovereign material from 33,960 square feet (0.78 acre) in the northeast and southeast areas of the project for maintenance of adequate depths at the marina in conjunction with construction of Phases B and X. The spoil will be disposed of in an upland spoil site.

The lessee has obtained a ten-year wetland resource permit to allow for the phased construction and, therefore, is also requesting a longer term sovereign submerged land lease for a 25-year period to accommodate the phased construction and continuing operation for financial planning purposes. In accordance with the Board of Trustees' extended term lease policy adopted April 12, 1988, requests for lease term extensions beyond the normal five-year period shall be based upon lending institution long-term financing requirements. The lessee has notified staff of the need to obtain a 25-year lease in order to obtain financing for the phased expansion of the facility, therefore, staff recommends approval of this request.

The DEP modified wetland resource permit requires sewage pumpout, allows fueling facilities, and prohibits liveaboards. The recommendations of the Division of Marine Resources regarding manatees have been addressed in the permit. Protection of seagrasses has been

Board of Trustees

Agenda - November 7, 1996

Page Eight

Item 6, cont.

addressed in the permit. The project was not required to be noticed. A May 18, 1994 site

inspection confirmed that the project is in compliance.

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 the Compliance Agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter received from the City of West Palm Beach.

(See Attachment 6, Pages 1-15)

RECOMMEND APPROVAL OF THE PROJECT EXPANSION OF 149,216 SQUARE FEET SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $13,169.84 FOR PHASES "B" AND "X" EXPANSION