Item 1 Minutes

Submittal of the minutes of the May 28, 1997, June 12, 1997, and June 26, 1997 Cabinet meetings.

RECOMMEND ACCEPTANCE

Item 2 Gray Option Agreement/Coupon Bight/Key Deer CARL Project

REQUEST: Consideration of an option agreement to acquire approximately 2.18 acres within the Coupon Bight/Key Deer CARL project from William H. Gray and Lois Catherine Gray.

COUNTY: Monroe

LOCATION: Section 27, Township 66 South, Range 29 East

CONSIDERATION: $184,000

APPRAISED BY

REVIEW Waronker APPROVED PURCHASE OPTION

NO. OWNER ACRES (09/17/94) VALUE PRICE DATE

712004 Gray 2.18 $213,000 $213,000 $184,000 180 days after

BOT approval

STAFF REMARKS: The Coupon Bight/Key Deer CARL project is ranked number 2 on the CARL Mega-Multiparcel Project List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan.  This project contains 1,827 acres, of which 433 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement and other agreements in the Coupon Bight/Key Deer CARL project presented today, 1,387 acres or 76 percent of the project will remain to be acquired.

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 enabled the Division of State Lands to utilize approved appraised values that were based on land use regulations in effect as of January 1, 1996, in Monroe County and Big Pine Key, Florida.

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 of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

A certified survey will be provided and an environmental site assessment may be provided by purchaser prior to closing. A mass environmental site assessment was performed on this project and no contaminants were discovered. Prior to closing, the managing agency will perform a site inspection and, as in prior purchases in this project, unless contaminants are found, a site specific environmental site assessment will not be performed.

The subtropical pine forests of rapidly developing Big Pine Key and the islands around it are the home of the endangered Key deer as well as of many Caribbean plants found nowhere else in the country. Rich coral reefs and other hardbottom communities flourish in the shallow water around the islands. The Coupon Bight/Key Deer CARL project will protect the remaining undeveloped land on Big Pine and No Name Keys, without which, the Key deer will Board of Trustees

Agenda - August 12, 1997 Page Two

Item 2, cont.

not survive; protect the water quality of the Coupon Bight Aquatic Preserve and the other waters surrounding the islands; and provide the public an area to appreciate the unique natural world of this part of Florida.

This property will be managed by the U.S. Fish and Wildlife Service as a part of the National Key Deer Refuge.

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 1-16)

RECOMMEND APPROVAL

Item 3 Gonzalez/Goldston/Wilson Purchase Agreements/Coupon Bight/Key Deer CARL Project

REQUEST: Consideration of two purchase agreements to acquire approximately five acres within the Coupon Bight/Key Deer CARL project from Sharon Gonzalez, Steven and Laura Goldston, and Warren and Donna Wilson.

COUNTY: Monroe

LOCATION: Section 27, Township 66 South, Range 29 East

CONSIDERATION: $148,050

APPRAISED BY

REVIEW Waronker APPROVED PURCHASE CLOSING

NO. OWNER ACRES (09/17/94) VALUE PRICE DATE

712002 Gonzalez, et al 1 $98,000 $98,000 $78,500 6 months after

712003 Wilson 4 $78,000 $78,000 $69,550 BOT approval

5 $176,000 $148,050

STAFF REMARKS: The Coupon Bight/Key Deer CARL project is ranked number 2 on the CARL Mega-Multiparcel Project List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan.  This project contains 1,827 acres, of which 433 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves these agreements and other agreements in the Coupon Bight/Key Deer CARL project presented today, 1,387 acres or 76 percent of the project will remain to be acquired.

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 enabled the Division of State Lands to utilize approved appraised values that were based on land use regulations in effect as of January 1, 1996, in Monroe County and Big Pine Key, Florida.

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.

Board of Trustees

Agenda - August 12, 1997 Page Three

Item 3, cont.

Title insurance policies and certified surveys will be provided by purchaser prior to closing. Environmental site assessments may be provided by purchaser prior to closing A mass environmental site assessment was performed on this project and no contaminants were discovered. Prior to closing, the managing agency will perform site inspections and, as in prior purchases in this project, unless contaminants are found, site specific environmental site assessments will not be performed.

The subtropical pine forests of rapidly developing Big Pine Key and the islands around it are the home of the endangered Key deer as well as of many Caribbean plants found nowhere else in the country. Rich coral reefs and other hardbottom communities flourish in the shallow water around the islands. The Coupon Bight/Key Deer CARL project will protect the remaining undeveloped land on Big Pine and No Name Keys, without which, the Key deer will not survive; protect the water quality of the Coupon Bight Aquatic Preserve and the other waters surrounding the islands; and provide the public an area to appreciate the unique natural world of this part of Florida.

These properties will be managed by the U.S. Fish and Wildlife Service as a part of the National Key Deer Refuge.

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 3, Pages 1-12)

RECOMMEND APPROVAL

Item 4 Dade County Option Agreements/Dade County Archipelago CARL Project

REQUEST:  Consideration of two option agreements to acquire 21.26 acres within the Dade County Archipelago CARL project from Dade County.

COUNTY:  Dade

LOCATION:  Section 13, Township 56 South, Range 39 East; and

Section 23, Township 55 South, Range 40 East

CONSIDERATION:  $682,552.38 (Board of Trustees' share of County's purchase price)

APPRAISED BY ADJUSTED COUNTY'S TRUSTEES

REVIEW Whitlock Johnston Quinlivan APPROVED PURCHASE SHARE OF OPTION

NO. PARCEL ACRES (12/29/89) (12/29/95) (04/03/96) VALUE PRICE * PURCHASE DATE

712015 6M 1.04 $ 19,200 $ 16,600 $ 20,381.75 $ 8,300.00 120 days

6P 2.81 $ 59,200 $ 44,950 $ 54,920.25 $ 22,475.00 after

6Q 8.38 $129,600 $ 134,200 $ 153,325.00 $ 67,100.00 BOT

SUBTOTAL 12.23 $ 195,750 $ 228,627.00 $ 97,875.00 approval

712016 FPL 9.03 $1,340,000 $1,560,000 $1,376,700 $1,169,354.75 $584,677.38

TOTAL 21.26 $1,572,450 $1,397,981.75 $682,552.38

* County's purchase price includes cost of property plus County's acquisition costs.

Board of Trustees' share of the purchase price equals either 50 percent of the approved value or 50 percent of the

County's purchase price, whichever is less.

STAFF REMARKS: The Dade County Archipelago CARL project is ranked number 3 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 11, 1997,

Board of Trustees

Agenda - August 12, 1997 Page Four

Item 4, cont.

and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The project contains 509 acres, of which 178.96 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 308.78 acres or 61 percent of the project will remain to be acquired.

Pursuant to a multi-party agreement entered into between the Division of State Lands and Dade County (County), the County purchased parcel 6M consisting of 1.04 acres on January 19, 1995, for $20,381.75; parcel 6P consisting of 2.81 acres on January 11, 1996, for $54,920.25; parcel 6Q consisting of 8.38 acres on November 29, 1993, for $153,325; and parcel FPL consisting of 9.03 acres on November 16, 1994, for $1,169,354.75. If this item is approved, the Board of Trustees will reimburse the County for the lesser of 50 percent of the approved value or 50 percent of the purchase price and closing costs paid by the County for each parcel. In no event will the purchase price exceed the approved value.

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, reveals 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 County will provide title insurance policies certified to the Board of Trustees, certified surveys, and environmental site assessments prior to closing. The Board of Trustees shall reimburse the County 50 percent of the cost associated with updating each item to bring it into compliance with Division of State Lands' standards. This reimbursement is contingent on the closing of these transactions.

On a limestone ridge east of the Everglades, where Miami and Homestead and surrounding farms now stand, were subtropical pinelands and hardwood hammocks unique in the United States. Now only tiny pieces of these forests remain, the best of which the Dade County Archipelago project will protect. In so doing, the project will conserve habitat for rare animals and dozens of rare plants, many found nowhere else in the world, and will provide areas where residents and visitors can learn about and appreciate what was here before the cities.

These properties will be managed by the County as botanical sites with passive recreational usage.

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 4, Pages 1-46)

RECOMMEND APPROVAL

Item 5 Indian River County Option Agreement/Archie Carr Sea Turtle Refuge CARL Project

REQUEST:  Consideration of an option agreement to acquire approximately 9.17 acres within the Archie Carr Sea Turtle Refuge CARL project from Indian River County.

COUNTY: Indian River

LOCATION:  Section 03, Township 31 South, Range 39 East

Board of Trustees

Agenda - August 12, 1997 Page Five

Item 5, cont.

CONSIDERATION:  $440,000

APPRAISED BY

REVIEW Armfield Baker APPROVED PURCHASE OPTION

NO. PARCEL ACRES (01/31/95) (12/13/94) VALUE PRICE DATE

712013 Indian River 9.17 $387,000 $440,000 $440,000 $440,000 180 days after

BOT approval

STAFF REMARKS: The Archie Carr Sea Turtle Refuge CARL project is ranked number 2 on the CARL Priority Project List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The Archie Carr Sea Turtle Refuge project contains 948 acres, of which 567.54 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 371.29 acres or 39 percent of the project will remain to be acquired.

Indian River County (County) has acquired 131.65 acres from The Trust for Public Land. A portion of the parent tract, 9.17 acres, is within the Archie Carr Sea Turtle Refuge CARL project boundary and is available for acquisition. Pursuant to a multi-party agreement entered into between the Division of State Lands and the County, the County acquired the Indian River parcel consisting of 131.65 acres on June 7, 1995, for $672,000. If this item is approved, the Board of Trustees will reimburse the County $440,000, the approved value of the 9.17 acres.

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 of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

The certified survey and an environmental site assessment will be provided by the seller prior to closing. The purchaser will reimburse the seller's survey costs not to exceed $6,908 and title insurance costs not to exceed $1,450.

Although sea turtle nesting occurs from the southern tip of Texas to the southern coast of Virginia, a 20-mile stretch of beach in Brevard and Indian River Counties, Florida, is one of the most significant nesting areas for Loggerhead Sea Turtles in the world; the most significant nesting area for Green Sea Turtles in North America; and an occasional nesting area for the Leatherback Sea Turtle, one of the largest and rarest sea turtles. Stretches of quiet, undisturbed sandy beaches, with little or no artificial light, are essential to the reproductive success and survival of sea turtles. For thousands of years, sea turtles have returned each year to these beaches to lay their eggs and continue the species. The Archie Carr Sea Turtle Refuge project is designed to help protect the habitat and assure the continued survival of these endangered sea turtles.

The property will be managed by U.S. Fish and Wildlife Services in conjunction with the Archie Carr National Wildlife Refuge and the Pelican Island National Wildlife Refuge.

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 5, Pages 1-28)

RECOMMEND APPROVAL

Board of Trustees

Agenda - August 12, 1997 Page Six

Item 6 Upper Keys Marine Construction, Inc. Option Agreement/Florida Keys Ecosystem CARL Project

REQUEST: Consideration of an option agreement to acquire approximately 47.34 acres within the Florida Keys Ecosystem CARL project from Upper Keys Marine Construction, Inc.

COUNTY: Monroe

LOCATION: Section 26, Township 62 South, Range 38 East

CONSIDERATION: $187,500

APPRAISED BY

REVIEW Boyle APPROVED PURCHASE OPTION

NO. PARCEL ACRES (11/10/94) VALUE PRICE DATE

712005 Upper Keys 47.34 $ 255,000* $ 255,000* $ 187,500 300 days

Marine after BOT

approval

*approved value adjusted 06/30/97

STAFF REMARKS: The Florida Keys Ecosystem CARL project is ranked number 4 on the CARL Priority Project List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan.  The project contains 6,964 acres, of which 929.82 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement and other agreements for the Florida Keys Ecosystem CARL project presented today, 5,902.92 acres or 85 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.

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 encumbrance 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.

The certified survey, environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. The purchaser will also reimburse the seller's title insurance costs.

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.

This property will be managed by the Florida Game and Fresh Water Fish Commission for the conservation and preservation of its natural resources.

Board of Trustees

Agenda - August 12, 1997 Page Seven

Item 6, 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 6, Pages 1-28)

RECOMMEND APPROVAL

Item 7 Monroe County Comprehensive Plan Land Authority Option Agreements/ Florida Keys Ecosystem CARL Project

REQUEST:  Consideration of three option agreements to acquire 83.92 acres within the Florida Keys Ecosystem CARL project from Monroe County Comprehensive Plan Land Authority.

COUNTY:  Monroe

LOCATION: Section 12, Township 62 South, Range 38 East;

Section 21, Township 66 South, Range 29 East; and

Section 12, Township 66 South, Range 28 East

CONSIDERATION:  $717,766.25

APPRAISED BY

REVIEW Boyle Padron Marr APPROVED PURCHASE OPTION

NO. PARCEL ACRES (10/13/93) (11/01/95) (10/26/95) VALUE PRICE DATE

712006 331 6.39 $390,000 $390,000 $353,706.50 120 days

712007 650/650A 7.44 * $90,000 * $65,000 $ 90,000 $ 86,074.25 after BOT

(01/01/96) approval

712008 884/885 70.09 $295,000 $295,000 $277,985.50

83.92 $775,000 $717,766.25

* adjusted on 7/2/97

STAFF REMARKS: The Florida Keys Ecosystem CARL project is ranked number 4 on the CARL Priority Project List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The project contains 6,964 acres, of which 929.82 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements and other agreements in the Florida Keys Ecosystem CARL project presented today, 5,902.92 acres or 85 percent of the project will remain to be acquired.

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 Division of State Lands and Monroe County Comprehensive Plan Land Authority (Authority), the Authority acquired parcel 331 consisting of 6.39 acres on April 3, 1996, for $353,706.50; parcels 650/650A consisting of 7.44 acres on March 14, 1997, for $86,074.25; and parcels 884/885 consisting of 70.09 acres on April 7, 1997, for $277,985.50. If this item is approved, the Board of Trustees will reimburse the Authority for the lesser of the approved value or the

Board of Trustees

Agenda - August 12, 1997 Page Eight

Item 7, cont.

purchase price and closing costs paid by the Authority for each parcel. In no event will the purchase price exceed the approved value of the property.

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 certified surveys, environmental site evaluations and, if necessary, environmental site assessments will be provided by the purchaser prior to closing and the purchaser will reimburse the seller's title insurance costs.

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.

Parcel 331 will be managed by the Florida Department of Environmental Protection, Division of Recreation and Parks as an addition to the John Pennekamp Coral Reef State Park. The remaining parcels will be managed by the Florida Game and Freshwater Fish Commission for the conservation and preservation of their natural resources.

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 7, Pages 1-80)

RECOMMEND APPROVAL

Item 8 Tucker/Tucker/Windsor/Tucker Option Agreement/Wekiva-Ocala Greenway CARL Project

REQUEST:  Consideration of an option agreement to acquire 80 acres within the Wekiva-Ocala Greenway CARL project from Thomas S. Tucker, Albert Blair Tucker, Linda Lee Windsor and Robert D. Tucker.

COUNTY:  Lake

LOCATION:  Section 29, Township 18 South, Range 28 East

CONSIDERATION:  $69,000

APPRAISED BY

REVIEW Clayton APPROVED PURCHASE OPTION

NO. PARCEL ACRES (02/22/95) VALUE PRICE DATE

712001 Tucker et al 80 $70,500 $70,500 $69,000 120 days

after BOT

approval

Board of Trustees

Agenda - August 12, 1997 Page Nine

Item 8, cont.

STAFF REMARKS: The Wekiva-Ocala Greenway CARL project is ranked number 7 on the CARL Priority Project List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The project contains 68,578 acres, of which 26,418 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 42,080 acres or 61 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, to be provided 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.

The certified survey, environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing and the purchaser will also reimburse the seller's title insurance costs.

The springs, rivers, lakes, swamps, and uplands stretching north from Orlando to the Ocala National Forest are an important refuge for the Florida black bear, as well as other wildlife such as the bald eagle, swallow-tailed kite, Florida scrub jay and wading birds. The Wekiva-Ocala Greenway will protect these animals and the Wekiva and the St. Johns River basins by protecting natural corridors connecting Wekiva Springs State Park, Rock Springs Run State Reserve, the Lower Wekiva River State Preserve and Hontoon Island State Park with the Ocala National Forest. It will also provide the people of the booming Orlando area with a large, nearby natural area in which to enjoy camping, fishing, swimming, hiking, canoeing and other recreational pursuits.

This property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as a part of the Seminole 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 8, Pages 1-26)

RECOMMEND APPROVAL

Item 9 Three Option Agreements/Rookery Bay CARL Project

REQUEST:  Consideration of three option agreements to acquire 579.94 acres within the Rookery Bay CARL project from three separate owners.

COUNTY:  Collier

LOCATION: Sections 03, 05, 06 and 33, Township 51 South, Range 26 East

CONSIDERATION:  $3,757,305

Board of Trustees

Agenda - August 12, 1997 Page Ten

Item 9, cont.

APPRAISED BY

REVIEW Dane Bowen APPROVED PURCHASE OPTION

NO. PARCEL ACRES (08/16/96) (07/29/96) VALUE PRICE DATE

712009 (304) Ross/Leeber 8.8 $2,670,000 $3,182,000 $3,182,000 $3,010,650 150 days

after BOT

approval

712010 (329) Sexton 7.3 $286,000 $286,000 $257,400 120 days

after BOT

approval

(08/07/96)

712011 (333) Volpe 563.84 $507,000 $450,000 $507,000 $489,255 180 days

579.94 $3,975,000 $3,757,305 after BOT

approval

STAFF REMARKS: The Rookery Bay CARL project is ranked number 16 on the CARL Priority Project List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. This project contains 10,853 acres, of which 4,168.65 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 6,104.41 acres or 56 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 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 certified surveys, environmental site evaluations and, if necessary, environmental site assessments will be provided by the purchaser prior to closing. The purchaser will reimburse the seller's title insurance costs for parcel 304.

Rookery Bay is an outstanding subtropical estuary in the fastest growing part of Florida. Its mangroves shelter important nesting colonies of water birds, and feed and protect many aquatic animals. These animals, in turn, are the foundation of commercial and recreational fisheries. The Rookery Bay CARL project will protect the bay's water quality and its native plants and animals and will provide recreational opportunities to the people of southwest Florida. As an addition to the Rookery Bay National Estuarine Research Reserve, the project will also further coastal ecosystem research and environmental education.

These properties will be managed by the Division of Marine Resources as part of the Rookery Bay National Estuarine Research Reserve.

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 1-94)

RECOMMEND APPROVAL

Item 10 Alachua Conservation Trust Assignment of Option Agreement/Paynes Prairie CARL Project

REQUEST: Consideration of the acceptance of an assignment of an option agreement to acquire 229.4 acres within the Paynes Prairie CARL project from Alachua Conservation Trust, Inc. (ACT)

Board of Trustees

Agenda - August 12, 1997 Page Eleven

Item 10, cont.

COUNTY: Alachua

LOCATION: Sections 13 and 14, Township 10 South, Range 20 East

CONSIDERATION: $317,200 ($305,000 for the acquisition; $12,200 for the purchase of the option agreement)

APPRAISED BY

REVIEW Candler APPROVED PURCHASE OPTION

NO. PARCEL ACRES (06/07/96 ) VALUE PRICE DATE

712014 Meyers 229.4 $329,000 $329,000 $305,000 180 days

after BOT

approval

STAFF REMARKS: The Paynes Prairie CARL project is ranked number 6 on the CARL Substantially Complete Project List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. This project contains 23,936 acres, of which 20,441 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 3,265.6 acres or 14 percent of the project will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL) and ACT, ACT has acquired an option to purchase this 229.4-acre parcel from Janvier Marie Meyers Lucas, and Marie (Mitzi) Elizabeth Meyers. After this acquisition is approved, the Board of Trustees will acquire the option from ACT for $12,200, which represents agreed upon compensation to ACT for overhead associated with acquiring the option. The Board of Trustees may then exercise the option and purchase the property. The assignment of option agreement provides that payment to ACT 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 of the property or the 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 and an environmental site assessment will be provided by seller, prior to closing.

The marshlands of Paynes Prairie, surrounded by higher live-oak hammocks and pine woods, have been known as a beautiful natural area since William Bartram described "the great Alachua savanna" over 200 years ago. The Paynes Prairie project, by adding wetlands, creeks, and uplands to the Paynes Prairie State Preserve (a National Natural Landmark), will protect the amount and quality of water that feeds the prairie, conserve habitat for several rare animals, including sandhill cranes and bald eagles, and allow the public to see and enjoy this land much as Bartram did long ago.

The property will be managed by the Division of Recreation and Parks as a part of the Paynes Prairie State Preserve.

Board of Trustees

Agenda - August 12, 1997 Page Twelve

Item 10, 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 10, Pages 1-29)

RECOMMEND APPROVAL

Item 11 Barry Land and Development Company, Inc. Option Agreement/Dudley Farms Project

REQUEST: Consideration of an option agreement to acquire 71.2 acres within the Dudley Farms Addition, Division of Recreation and Parks' Additions and Inholdings project from Barry Land and Development Company, Inc.

COUNTY: Alachua

LOCATION: Section 31, Township 9 South, Range 18 East

CONSIDERATION: $350,000

APPRAISED BY

REVIEW Rogers APPROVED PURCHASE OPTION

NO. PARCEL ACRES (02/06/97) VALUE PRICE DATE

712012 Barry Land 71.2 $375,000 $ 375,000 $ 350,000 120 days

and Dev. Co. after BOT

approval

STAFF REMARKS: The Dudley Farms Addition project has been identified on the Division of Recreation and Parks' Additions and Inholdings List. This agreement was negotiated by the Division of State Lands on behalf of the Division of Recreation and Parks under the State Parks Additions and Inholdings Preservation 2000 program.

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 of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

A certified survey, environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. The purchaser will also reimburse the seller's title insurance costs.

The property will be managed by the Division of Recreation and Parks as a part of the Dudley Farm State Historic Site.

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 11, Pages 1-21)

RECOMMEND APPROVAL

Board of Trustees

Agenda - August 12, 1997 Page Thirteen

Item 12 University of Florida/Emmer Development Corp. Land Exchange and Easement

REQUEST: Consideration of (1) an exchange agreement under which the Florida Board of Regents, University of Florida and the Board of Trustees would convey a one-acre parcel of land to Emmer Development Corp. for a 1.21-acre parcel of land; and (2) issuance of an ingress/egress easement to Emmer Development Corp.

COUNTY: Alachua

APPLICANT: University of Florida

LOCATION: Lots 02, 06 and 07 of Miller's Plat, D. L. Clinch Grant, Township 10 South,

Range 20 East

CONSIDERATION: Parcel-For-Parcel

APPRAISED BY

REVIEW Candler APPROVED EXCHANGE CLOSING

NO. PARCEL ACRES (01/02/97) VALUE VALUE DATE

TRUSTEES 1.00 $38,000 $38,000 $38,000

EMMER 1.21 $46,000 $46,000 $46,000

712017 200 days after

BOT approval

STAFF REMARKS: This exchange was negotiated by the University of Florida (UF).

Emmer Development Corp. (EDC) approached UF about exchanging a parcel of land it owns for an adjacent parcel owned by the Board of Trustees (BOT). The BOT's parcel is located in Tanglewood Village, a rental apartment complex located at 2901 S.W. 13th Street in Gainesville, and is managed by the UF Division of Housing. The BOT's parcel is currently used as a playground and a combination basketball/tennis court with a portion of it being used as a garden by some of the residents. In addition to agreeing to accept the lesser valued parcel with no additional consideration, EDC has also agreed to pay for all costs associated with the exchange as well as pay for and do the following to the new property:

clear it of debris;

place it in playground level condition;

reinstall or relocate the combination basketball/tennis courts and playground

equipment;

install adequate and appropriate lighting so the property can be used after dark;

replace the garden with one of the same size or larger; and

give UF $5,000 for the purchase of additional playground equipment.

install a six-foot chain link fence along the new northern and eastern boundaries and, as needed, along the southern boundary of the BOT's parcel

All of the above will be done in accordance with plans and specifications that have been approved by UF.

Since the parcel to be received by EDC will not provide access in alignment with the existing intersection, it will be necessary for EDC to cross BOT property; therefore, an ingress/egress easement from the BOT to EDC will be required. The exchange agreement will be amended prior to closing to provide for this easement. EDC will, at its expense, redesign and construct the entryway to S.W. 13th Street. Such design and construction must be done within Florida Department of Transportation (FDOT) standards and must be reviewed and approved, in writing, by UF. Any and all additional signage that FDOT and/or UF deem appropriate shall be provided at EDC's expense.

Board of Trustees

Agenda - August 12, 1997 Page Fourteen

Item 12, cont.

EDC commits that no more than 150 units will be built on its property adjacent to and south of the BOT's parcel. UF must review and approve, in writing, the type, style and construction quality of the units to be developed on EDC's adjoining property. EDC agrees to execute and record restrictive covenants imposing the above to run with the property in perpetuity.

Additionally, EDC shall obtain, at its expense, all appropriate drainage easements for off-site stormwater discharge. Such easements shall be approved by the BOT and UF and shall be recorded prior to or at closing.

At its April 25, 1996, meeting, the Land Management Advisory Council recommended the subject land exchange be approved.

All mortgages and liens on the parcel to be received by the BOT will be satisfied at the time of closing. In the event the commitment for title insurance, to be obtained by EDC for the parcel to be received by the BOT prior to closing, reveals any other encumbrances which may affect the value of or the proposed management of the parcel to be received by the BOT, staff will so advise the BOT prior to closing.

A certified survey and an environmental site assessment of the parcel to be received by the BOT will be provided by EDC prior to closing.

The parcel will be managed by the UF Division of Housing as part of the existing Tanglewood Village, a rental apartment complex located at 2901 S.W. 13th Street in Gainesville, through a lease to the Florida Board of Regents.

This acquisition is consistent with section 187.201(01), F.S., the Education section of the State Comprehensive Plan.

(See Attachment 12, Pages 1-32)

RECOMMEND APPROVAL

Item 13 RICO #138/Offer by Mondell & Associates, Inc.

REQUEST: (1) Consideration of an offer to purchase a parcel of RICO property in Broward County; and (2) acceptance of the highest and best offer of $48,000 from Mondell & Associates, Inc.

COUNTY: Broward

Rico #138

LOCATION: 3640 N.W. 7th Street, Ft. Lauderdale, Florida.

CONSIDERATION: $48,000

STAFF REMARKS: Title to this property vested in the Board of Trustees on May l9, l992, pursuant to section 895.05, F.S. The property is zoned R-IC Single Family and consists of a three-bedroom, two-bath house containing l,545 square feet.

Board of Trustees

Agenda - August 12, 1997 Page Fifteen

Item 13, cont.

The property has been offered for sale on three previous occasions, and was recently advertised in the Ft. Lauderdale Sun Sentinel. Detailed information on the property was mailed to all persons on the RICO master mailing list. An agent was on site April 18 and 19, 1997, to show the property, provide bid packages and answer questions.

The property was appraised on August l7, l992, by Jeanne R. Conner, SRA, at $62,000 with a "quick sale" value of $57,000, and re-appraised on June 2l, l995, by James D. Plihcik, SRA, at $65,000, with a "quick sale" value of $60,000.

On November 7, 1995, the Board of Trustees approved an offer to purchase the property for $48,100. Prior to closing, the property sustained substantial water damage and vandalism, and staff also discovered extensive title problems which took a lengthy period of time to clear up. As a result, and in accordance with paragraph 8 of the contract, the buyer exercised termination of the agreement and the deposit was returned. All problems have since been resolved and the property re-bid.

There is no existing mortgage on the property. Expenses to date total approximately $18,401.49 which include advertising, maintenance, repairs, appraisal, delinquent real estate taxes and title search. These expenses were paid out of the Forfeited Property Trust Fund which will be reimbursed upon closing of the sale. In addition to repayment to the Forfeited Property Trust Fund for expenses incurred, a seven percent surcharge of $4,269.65 will be paid to General Revenue and the remaining proceeds will be distributed as set forth in Chapter 895, F.S. Revenue from rent in the amount of $12,995 has been received on this property.

The following is a tabulation of offers received and considered by the advertised deadline:

OFFER SUBMITTED BY GROSS OFFER NET OFFER

Mondell & Associates, Inc. $48,000 $48,000

Luke Garvey $47,100 $47,100

The Board of Trustees reserves the right to reject any and all offers.

(See Attachment 13, Pages 1-16)

RECOMMEND APPROVAL

Item 14 Marina Point, Inc. Conveyance

REQUEST: Consideration of a request to convey 2.128 acres, more or less, to Marina Point, Inc.

COUNTY: Volusia

Deed Number 29903

APPLICANT: Marina Point, Inc.

LOCATION: Section 39, Township 15 South, Range 33 East

Board of Trustees

Agenda - August 12, 1997 Page Sixteen

Item 14, cont.

CONSIDERATION: None

STAFF REMARKS: In 1985, Marina Point, Inc., (Marina Point) filed suit against the Board of Trustees to quiet title to a 20.39-acre boat basin along the Halifax River in Volusia County. Marina Point alleged that title to all the submerged lands within the basin belonged to it based on the Butler Act. The Board of Trustees took the position that only a 2.48-acre parcel qualified for a disclaimer under rule 18-21.014, F.A.C., and section 253.19, F.S., which provides: "The title to all lands heretofore filled or developed is confirmed in the upland owners and the Trustees shall on request issue a disclaimer to each such owner."

On December 15, 1987, the Board of Trustees approved a Settlement Agreement. Paragraph 4 of the Settlement Agreement required the Board of Trustees to issue a disclaimer to W. K. Haines, Sr., and Marina Point for the 2.48 acres of filled land. Paragraph 5 of the Settlement Agreement required Marina Point to quitclaim to the Board of Trustees "all the submerged lands which were the subject of this lawsuit lying below the line of mean high water" in the basin excluding the 2.48-acre parcel which qualified for a Butler Act disclaimer. The disclaimer and quitclaim deed were subsequently executed and recited the identical legal descriptions which were attached as Exhibits 1 and 2, respectively, to the Settlement Agreement.

A recent survey prepared for the sale of the uplands has revealed that the legal description of the lands contained in Exhibit 2 to the Settlement Agreement and Marina Point's 1988 quitclaim deed to the Board of Trustees includes uplands above the mean high water line which, based upon the language of Paragraph 5 of the Settlement Agreement, should not have been included in the deeded area. Marina Point has requested that the Board of Trustees deed the upland area to it to correct this mistake and carry out the original intent of the Settlement Agreement. Division of State Lands staff have reviewed the Settlement Agreement and concur with Marina Point that, under the intent of the Settlement Agreement, only the lands lying below mean high water should have been included in the quitclaim deed to the Board of Trustees and the uplands should be conveyed to Marina Point.

A consideration of the status of the local government comprehensive plan was not made for this item. The Department of Environmental Protection has determined that land conveyances are not subject to the local government planning process.

(See Attachment 14, Pages 1-19)

RECOMMEND APPROVAL

Item 15 City of Belle Glade Purchase

REQUEST: Consideration of a request by the City of Belle Glade to purchase a 50-acre parcel of state-owned land in Palm Beach County.

COUNTY: Palm Beach

Deed Number 29960

APPLICANT: City of Belle Glade

LOCATION: A portion of Section 29, Township 43 South, Range 37 East

Board of Trustees

Agenda - August 12, 1997 Page Seventeen

Item 15, cont.

CONSIDERATION: Appraised value of $188,000

STAFF REMARKS: On September 7, 1995, the Division of State Lands (DSL) received a request from the City of Belle Glade to purchase a 106-acre parcel of state-owned land for development as a business park. The land was leased to the Department of Corrections (DOC) and subleased to PRIDE for sugarcane farming. DOC and PRIDE agreed to release the land subject to PRIDE receiving reimbursement over a three year period for the value of its sugarcane stubble crop. DSL initiated the public noticing requirements of sections 253.111 and 253.115, F.S. By letter dated April 10, 1996, the Sugar Cane Growers Cooperative of Florida (Coop) objected to the sale because the land acted as a buffer between its processing plant and surrounding development. The Coop and the city agreed to locate an alternative site which was acceptable to both parties as well as DOC and PRIDE. The Land Management Advisory Council, on April 25, 1996, recommended a surplus land designation for an unspecified parcel of land subject to the agreement of all parties.

A 50-acre site to the north of the original site was selected and approved by all parties. No objections were received in response to the public noticing. The city has requested that the site be annexed into the city limits along with an additional 5.4-acre parcel which connects the business park site to city-owned property. The 5.4-acre parcel will remain in state ownership and under lease to DOC and PRIDE. DSL, as the agent of the landowner, will request the annexation following the Board of Trustees' approval of the sale. PRIDE has agreed to the annexation provided it is allowed to continue its sugarcane lease from the Board of Trustees and the city agrees not to impose any ad valorem taxes on the 5.4 acres. The city agreed to PRIDE's condition regarding taxes at a special commission meeting held on July 2, 1997. With regard to PRIDE's continued use of the parcel, its sublease was scheduled to terminate on June 30, 1998; however, pursuant to chapter 94-115, Laws of Florida, PRIDE is authorized to renew its sublease for an additional 20 years for sugarcane farming.

A consideration of the status of any local government comprehensive plans was not made for this item. The Department of Environmental Protection has determined that the transfer of real property is not subject to the local government planning process.

(See Attachment 15, Pages 1-21)

RECOMMEND APPROVAL

Item 16 Walton County Land Disposition Determination

DEFERRED FROM MAY 28, 1997 AGENDA

DEFERRED FROM JUNE 26, 1997 AGENDA

REQUEST: Consideration of a request to determine that a 420-acre, more or less, parcel of state-owned land in Walton County no longer needs to be preserved in furtherance of the intent of the Florida Preservation 2000 Act.

COUNTY: Walton

APPLICANT: Division of State Lands

Board of Trustees

Agenda - August 12, 1997 Page Eighteen

Item 16, cont.

LOCATION: A portion of Sections 30 and 31, Township 02 South, Range 19 West

STAFF REMARKS: Title to this property was acquired in 1992 through the Preservation 2000 land acquisition program as part of the Topsail Hill and Point Washington Conservation and Recreation Lands (CARL) projects. On May 19, 1992, the Board of Trustees authorized the Division of State Lands to negotiate either directly with the Resolution Trust Corporation (RTC) or through The Nature Conservancy (TNC) to acquire roughly 18,000 acres of land in south Walton County held by the RTC. All but approximately 400 acres was located within the Topsail Hill and Point Washington CARL projects. Representatives of Walton County appeared at the Cabinet meeting and objected to the state purchasing land within the Point Washington project, stating that the state's acquisition would remove too much land from the county tax rolls. The Board of Trustees, while approving the agenda item, did request that the Florida Coastal Management Program's Interagency Management Committee (IMC) review the purchase to determine whether any lands acquired by the state could be returned to the county tax rolls.

The IMC established a work group to study the matter. On March 23, 1993, the Board of Trustees approved the IMC's three recommendations. First, the IMC recommended that the state and Walton County proceed with the development of a long-term conservation and development plan for all of south Walton County. Second, the IMC recommended that the only lands that should be identified for surplus at that time should be those lands outside the Point Washington CARL boundary (excepting those with active red-cockaded woodpecker cavity trees). Third, the IMC recommended that the Department of Agriculture and Consumer Services, Division of Forestry be allowed to prepare its management plan for the area and specifically identify any lands not needed to satisfy the goals and objectives of the Point Washington CARL project along with any additional lands that were required for management or resource protection.

In 1993, the Legislature appropriated $800,000 to establish the South Walton Conservation and Development Trust (Trust). The Trust consisted of twelve members, six appointed by the Governor and six appointed by Walton County. The Trust met for over a year and adopted a final report in December 1994. The report recommended that: (1) the state acquire an additional 881 acres in south Walton County (not including additional acquisition in Topsail Hill) for conservation purposes; (2) the state dispose of 2,789 acres not considered absolutely necessary for the Point Washington project; and (3) a general future land use map and development concept be developed for all lands in south Walton County that would not ultimately be in state ownership.

In 1995, the Legislature appropriated an additional $250,000 to support a county initiative to implement the recommendations of the Trust. The focus of the South Walton Ecosystem Management Demonstration Project was to: (1) revise the Walton County comprehensive plan to incorporate the recommendations of the South Walton Conservation and Development Trust; (2) prepare a detailed master plan to demonstrate the Trust plan's policies for lands designated for disposition; and (3) refine and finalize plan recommendations for an area-wide land acquisition/disposition plan. In accordance with the Trust plan, a Florida Natural Areas Inventory survey was commissioned to review the parcels recommended by the Trust for disposition. The South Walton Ecosystem Management Steering Committee completed its work on October 31, 1996.

The Land Acquisition Advisory Council (LAAC) held two public hearing on changing the boundaries of the South Walton Ecosystem CARL project. The first hearing was held in Walton County on August 23, 1996, with approximately 400 people in attendance. Those in

Board of Trustees

Agenda - August 12, 1997 Page Nineteen

Item 16, cont.

attendance expressed almost unanimous support for not disposing of any lands purchased for conservation purposes. Those who attended the second hearing in Tallahassee on August 30, 1996, also voiced strong support for retaining these lands. The LAAC also took public testimony at an additional meeting on October 30, 1996, again with strong support for retaining conservation lands in Walton County. Throughout all of the public testimony, most speakers supported the concept of a town center in south Walton County even though they were generally opposed to disposing of conservation lands.

Following the public hearings and the work of the Ecosystem steering committee, Walton County endorsed the steering committee's recommendations for acquisition/disposition. The recommendations reflected input from the Division of State Lands, local civic and environmental groups and individual citizens. The new proposed CARL boundary was, with a minor modification, a boundary proposal that had been considered and recommended by LAAC staff. The plan called for the state to dispose of approximately 1,680 acres. By this time, the State had already acquired most of Topsail Hill and a portion of Deer Lake as recommended in the Trust plan. An additional 568 acres were recommended for acquisition.

At the December 5, 1996 LAAC meeting, Walton County presented its proposal along with letters of community support. At that meeting, the LAAC approved a new proposal that recommended the disposition of 820 acres and acquisition of 1,663 acres. On February 11, 1997, the Board of Trustees approved the new boundary for the South Walton Ecosystem project. The new CARL boundary: (1) expanded the north-south corridor from Topsail Hill to Choctawhatchee Bay to include more habitats for red-cockaded woodpeckers; (2) excluded land owned by St. Joe Paper Company around Topsail Hill and Deer Lake that had been removed from consideration for purchase as part of a settlement agreement for the condemnation proceedings for other land in Topsail Hill and Deer Lake; (3) excluded some areas that had been developed since the original purchase; (4) slightly expanded the greenway between Topsail Hill and Point Washington State Forest; and (5) excluded all land within the proposed town center site. The lands originally proposed for surplus by the IMC remain outside the CARL acquisition boundaries.

At the same time the Board of Trustees approved the new boundary for the South Walton Ecosystem CARL project, Governor Chiles directed the Department of Environmental Protection (DEP) to return to the Board of Trustees within 90 days with a plan for disposition of 820 acres removed from the project boundary. Division of State Lands (DSL) staff subsequently met with representatives from the Division of Forestry, Walton County and the Department of Community Affairs to discuss the steps necessary to begin disposing of the land. DSL staff developed a timeline that indicated that more than 90 days would be required to complete the survey, appraisal, and public noticing requirements for disposing of public lands. The group elected to focus on the 420-acre parcel proposed for development by Walton County as a town center and the initial determination, pursuant to subsection 259.101(6), F.S., whether "such lands no longer need to be preserved in furtherance of the intent of the Florida Preservation 2000 Act."

On April 11, 1997, the Division of Forestry forwarded a request to DSL for release of the acreage outside the new CARL boundary. On April 24, 1997, the Land Acquisition and Management Advisory Council (LAMAC) considered a request that the Board of Trustees determine that the 420 acres encompassed within the proposed town center site are no longer needed in furtherance of the intent of the Florida Preservation 2000 Act. Objections were received from representatives from the Florida Audubon Society, Florida Wildlife Federation and Sierra Club. LAMAC, in recognition of the fact that important resources exist on the town center site, voted to recommend that the Board of Trustees determine that the 420 acres

Board of Trustees

Agenda - August 12, 1997 Page Twenty

Item 16, cont.

are no longer needed in furtherance of the intent of the Preservation 2000 Act, provided, that the town center plan be reviewed and modified if necessary to ensure that: (1) the most highly valued natural resources on the site are preserved; (2) critical habitat connections to lands on the west side of the new town center are maintained; and (3) state of the art stormwater treatment design features are included that will protect the resources of Choctawhatchee Bay and jurisdictional wetlands. LAMAC also recommended that the town center plan be reviewed by a multi-agency/stakeholder review team and modified as necessary to ensure that the above resource protection measures be implemented.

The Department of Community Affairs has offered to coordinate setting up the review team to review the town center plan as well as assure that the town center plan is consistent with the local comprehensive plan. While the town center plan is being reviewed, staff will initiate the second phase of the disposition process by coordinating with the county to obtain a list of landowners within 500 feet of the parcel, and the name of a newspaper of general circulation in the county, and initiate the public noticing requirements of section 253.115, Florida Statutes. Survey and appraisal work will be initiated and the requirements for repaying the Preservation 2000 Fund will be addressed prior to returning to LAMAC and the Board of Trustees for a final surplus land designation. The remaining 400 acres removed from the CARL boundary will be reviewed by LAMAC and the Board of Trustees as a separate item after an analysis of the resources on the site can be completed.

A consideration of the status of the local government comprehensive plan was not made for this item. The DEP has determined that land conveyances are not subject to the local government planning process.

A copy of South Walton County's New Town Master Plan of Development is on file with the Office of the Attorney General.

(See Attachment 16, Pages 1-32)

RECOMMEND APPROVAL

Item 17 L. Allan Bazzy (d/b/a Bradenton Beach Marina) Lease Modification

DEFERRED FROM JUNE 26, 1997 AGENDA

REQUEST: Consideration of an application for (1) a modification of a five­year sovereignty submerged land lease to increase the preempted area from 22,114 square feet to 84,414 square feet, more or less, for an existing commercial multi-slip marina/docking facility; and (2) authorization for the placement of 102 cubic yards of riprap.

COUNTY: Manatee

Lease No. 410555143

Application No. 412689053

APPLICANT: L. Allan Bazzy as Trustee of the L. Allan Bazzy Trust Agreement

(d/b/a Bradenton Beach Marina)

Board of Trustees

Agenda - August 12, 1997 Page Twenty-one

Item 17, cont.

LOCATION: Section 4, Township 35 South, Range 16 East, in Sarasota Bay, Class II Outstanding Florida Waters, within the local jurisdiction of the town of Bradenton Beach, Manatee County.

Aquatic Preserve: No

Manatee Area idle/slow speed/caution zone: Yes

Outstanding Florida Waters: Yes

CONSIDERATION: $20,720.60, representing (1) $8,220.60 as the initial lease fee computed at the base rate of $0.1101 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; and (2) $12,500 as an administrative fine for the unauthorized use of sovereignty submerged land. The lessee has paid $5,903 through a Temporary Use Agreement (TUA) for the unauthorized use of sovereignty submerged land, including a $2,500 administrative fine and $3,403 as lease fees in arrears and forward through November 27, 1997. 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 expand an existing 16­slip commercial marina facility by adding 20 boat slips, thereby creating a 36-slip facility over sovereignty submerged lands. The current sovereignty submerged land lease allows for 18 slips, but two slips have been eliminated. The expanded facility would be used in conjunction with the lessee's 75-slip dry dock marina facility located on the lessee's riparian uplands. The proposed new expansion, totaling 40,104 square feet of preempted area, would add the following structures to the existing marina: (1) a 248 feet long by 10 feet wide access pier; (2) ten 16 feet long by 3 feet wide finger piers; (3) a 90 feet long by 12 feet wide terminal platform at the end of the access pier; and (4) 30 mooring pilings. Also proposed is the placement of 102 cubic yards of rubble rip-rap along the lessee's riparian shoreline. The proposed 20-slip dock would replace an existing dock utilized for temporary mooring.

The lessee is also requesting after-the-fact authorization for the existing preemption of 22,196 square feet of sovereignty submerged lands. A December 5, 1995 site inspection of the lessee's marina by Department of Environmental Protection (DEP) proprietary staff revealed the existing facility was not in compliance with the terms and conditions of the existing lease. The lessee had added the following structures to the existing marina without authorization, the majority of which extended outside the lease area: (1) two decks totaling approximately 1,120 square feet; (2) three floating docks of 148 feet long by 5 feet wide, 61 feet long by 5 feet wide and 48 feet long by 4 feet wide. In addition, the lessee had begun construction of a building (later to become a restaurant) over one of the decks within the boundaries of the existing sovereignty submerged land lease. A verbal notice of the violations was given by DEP staff to the lessee. A second site inspection conducted on February 21, 1996, revealed the following structures had also been constructed since the December 5, 1995 site inspection: two perimeter docks measuring 245 feet long by 1 foot wide and 62 feet long by 2 feet wide. An April 10, 1996 site inspection for the purpose of fully delineating the extent of all violations revealed that the lessee had violated the terms and conditions of his lease by operating a restaurant, a non-water dependent structure (the incomplete building found at the December 5, 1995, site inspection), over submerged lands. A warning letter enumerating the violations was sent by the Southwest District Office to the lessee on May 2, 1996. The lessee was advised that he was in violation of paragraph 17 of his sovereignty submerged lands lease which specifically prohibits restaurant or dining activities to occur within his lease area. The warning letter directed the lessee to cease all violations immediately. Staff met with the lessee twice (June 11 and July 25, 1996) following the warning letter to discuss what additional requirements he must meet to come into compliance through a Consent Order and TUA. However, at the June 11th meeting and in a follow up letter on June 19th, DEP legal counsel again specifically directed the lessee to cease the operation of the restaurant. As the lessee had not ceased the operation of the restaurant, a letter revoking his

Board of Trustees

Agenda - August 12, 1997 Page Twenty-two

Item 17, cont.

lease was sent on August 2, 1996. Upon ceasing the operation of the restaurant by the lessee and relocating it to the lessee's riparian upland property within 30 days of the lease termination notice, staff gave oral notice to the lessee that the lease termination notice was rescinded. The lessee has since entered into a TUA for the other unauthorized structures lying outside the boundaries of the lease area totaling 12,584 square feet, and paid a total of $5,903 for the unauthorized use of sovereignty submerged land, including a $2,500 administrative fine and $3,403 as lease fees in arrears and forward through November 27, 1997. After the TUA had been executed, staff became aware of an additional 9,612 square feet of existing preempted area (for a total of 22,196 square feet) utilized as vessel turning areas that should be included in the request for after-the-fact authorization. Staff recommends that lease fees for the additional turning areas be assessed forward from the effective date of the lease modification, since it was an oversight by staff that resulted in the shortage of lease fees in arrears being collected through the TUA.

Although a TUA has been issued and fees and fines have been collected, DEP is concerned with the flagrancy of the violation, the fact that the lessee continued operation of the restaurant in direct violation of his lease and after receiving written notice to cease and desist by district staff. Since the lessee willfully violated his lease, staff recommends the Board of Trustees assess an additional $10,000 fine over the $2,500 fine already collected from the lessee. The Board of Trustees adopted an administrative fine policy on August 14, 1990. Based on that policy, staff is requesting the Board of Trustees assess an administrative fine for the unauthorized use of sovereignty submerged lands resulting from the construction of the docks and the mooring of vessels outside the lease boundaries. Staff proposed calculating the administrative fine, pursuant to Board of Trustees' policy, at the rate of $0.50 per square foot. However, because the fine is more than the maximum base fine, the maximum base fine of $2,500 will apply. A multiplier of one is applied since staff is recommending approval of the previously unauthorized activity ($2,500). A multiplier of four is applied because the lessee continued the violation after receiving written notice from DEP ($10,000). The total recommended administrative fine is $12,500, of which the applicant has already paid $2,500.

DEP also considered whether the lessee's request for after-the-fact authorization of 22,196 square feet of preempted area and the proposed 20-slip dock totaling 40,104 square feet of preempted area should be denied due to the flagrancy of the violation. Staff believes that the lessee should be credited with the level of cooperation he provided the DEP beginning with the two meetings between him and staff on June 11, 1996, and July 25, 1996, when he agreed to comply and take the necessary steps to relocate his restaurant to his riparian uplands. The lessee contends that a sublease with the restaurant tenant and the prospect of a legal suit by the tenant prevented him from taking immediate action to comply with the May 2, 1996 warning letter. In light of the lessee's cooperation in removing the restaurant and entering into the TUA, and because of no record of previous violations having been committed at his site dating back to November 17, 1983, staff is proposing that the lessee be allowed to modify his existing lease to include the existing previously unauthorized structures and proposed 20-slip dock, subject to the payment of the additional $10,000 fine.

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

The DEP wetland resource permit does not authorize liveaboards and fueling facilities associated with the proposed structures. The DEP regulatory consent order for the unauthorized structures requires sewage pumpout facilities. The recommendations of the Division of Marine Resources have been addressed in the wetland resource permit or are included as special lease conditions in the existing lease. There are no seagrasses/resources within the proposed expansion area. The project was not required to be noticed.

A local government comprehensive plan has been adopted for this area pursuant to section

Board of Trustees

Agenda - August 12, 1997 Page Twenty-three

Item 17, cont.

163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan is 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. A local permit has been received for the proposed action which has therefore been determined to be consistent with the adopted plan.

(See Attachment 17, Page 1-54)

RECOMMEND APPROVAL OF A MODIFIED LEASE FOR 84,414 SQUARE FEET SUBJECT TO THE SPECIAL LEASE CONDITIONS, AND PAYMENT OF $8,220.60 AS THE INITIAL LEASE FEE AND $10,000 ADDITIONAL ADMINISTRATIVE FINE.

Item 18 Jimmie Crowder Excavating and Land Clearing, Inc. Recommended Consolidated Intent To Issue

REQUEST: Consideration of an application for (1) a five-year sovereignty submerged land lease containing approximately 38,333 square feet, more or less, for a proposed 78-slip commercial marina; (2) authorization for the severance of 1,577 cubic yards of sovereign material; and (3) authorization for the placement of 225 cubic yards of riprap waterward of the mean high water line.

COUNTY: Franklin

Application No. 192933941

APPLICANT: Jimmie Crowder Excavating and Land Clearing, Inc.

LOCATION: Sections 19 and 20, Township 07 South, Range 04 West, in the Carrabelle River, Class III Waters, in the city of Carrabelle

Outstanding Florida Waters: No

Aquatic Preserve: No

CONSIDERATION: $23,197.29, representing (1) $4,009.44 as the initial lease fee computed at the base rate of $0.1101 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; (2) $1,971.25 for the severance of sovereign material computed at the rate of $1.25 per cubic yard pursuant to section 18­21.011(3)(a)3, F.A.C.; and (3) payment of $17,216.60 as settlement for lease fees in arrears, interest, and the administrative fine for the unauthorized use of sovereignty submerged lands. 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 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 Board of Trustees

Agenda - August 12, 1997 Page Twenty-four

Item 18, cont.

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 the request to use sovereignty submerged lands and the activity also qualifies for a wetland resource permit and no challenges are successful, 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 a wetland resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the wetland resource permit and the authorization to use sovereignty submerged lands.

The applicant proposes to construct a 78-slip commercial docking facility, primarily as rental slips for recreational boats. The docking facility will consist of a marginal dock parallel to the entire shoreline with the boats moored perpendicular to the shoreline. The dock will be approximately 8 feet wide by 1,800 feet long, with 42, 3 feet wide by 10 feet long finger piers. The slips range in size from 15 feet wide by 20 feet long to 20 feet wide by 30 feet long. The proposed upland uses are for small businesses and a dockmaster's quarters to be located east of the city of Carrabelle's boatramp. The applicant has no additional plans at this time for upland development.

The applicant also proposes to dredge 1,577 cubic yards of sovereign material and dredge 4,718 cubic yards from the upland in order to maintain 75 feet of distance from the U. S. Army Corps of Engineers' (ACOE) maintained channel. The ACOE has agreed to this 75 foot distance rather than the usual setback of 100 feet. The spoil will be dredged using a dragline, due to the amount of debris in the water, and will be disposed of in a self-contained upland spoil site. The applicant also proposes to place 225 cubic yards of riprap along the existing mean high water line and 1,731 cubic yards of riprap along the proposed mean high water line.

All of the proposed slips at the marina shall be maintained as "open to the public on a first- come, first-served" basis and has been included as a special lease condition. The applicant has advised that this facility will not facilitate/provide space for ships operating as "Cruises to Nowhere." This has been included as a special lease condition.

The project includes three sites separated by the city of Carrabelle's public boatramp and by the Riverside Motel. The westernmost site (Area 1) is adjacent to three lots currently owned by Farris V. and John C. Millender. These lots total 486 feet of shoreline along Marine Street (Highway 98), west of 4th Street. This site currently has dockage associated with a seafood offloading facility and was the location of an unauthorized seawall which resulted in a Temporary Use Agreement (TUA) in 1993 with Farris V. Millender. The TUA required payment of lease fees in arrears of $6,797.63 and a $2,500.00 fine. Payment was made and the seawall was removed in 1993, however, the Millenders continued to use the area waterward of the previous seawall without obtaining a lease. Lease fees in arrears from February 1, 1993, forward, to August 12, 1997, would total $6,100.57, and interest would total $1,116.03. No TUA for this unauthorized use and no lease fees in arrears have been collected from the current upland owner, Farris V. and John C. Millender.

The middle site (Area 2), adjacent to lot 35, includes approximately 150 feet of shoreline and is currently owned by Farris V. and John C. Millender. This parcel has a dilapidated, unregistered grandfathered structure which is not currently used for revenue-generating purposes by the upland owner.

The easternmost site (Area 3), with 1,200 feet of shoreline, is located east of 4th Street and is adjacent to Lots 10-32. Lots 30, 31 and one-half of 32 are owned by the applicant and have no

Board of Trustees

Agenda - August 12, 1997 Page Twenty-five

Item 18, cont.

existing structures located on submerged lands. Lots 28 and 29 are currently owned by James and Pamela Lycett and will be traded for lots 8 and 9, which are currently owned by the Millenders. This will allow the Lycett's new lots (8 and 9) to be located outside of Crowder's

lease area. Lots 28 and 29 have an existing private dock which is not revenue-generating. Lots 19-27 are owned by Farris V. and John C. Millender. They have one large dilapidated, unregistered grandfathered structure which has not been used for revenue-generating purposes. Lots 8-18, are owned by Farris V. and John C. Millender and are adjacent to an approved lease number 190004761. Fees are current. This lease shall be canceled once the property is purchased and the project is given final approval by the Board of Trustees. This has been addressed as a special approval condition.

In all practicality, any enforcement action concerning these three sites would have been directed at simply removing the existing and dilapidated structures from sovereignty submerged lands and acquiring a lease and payment of arrears and fines for the portions of the westernmost site (Area 1) which had a TUA, but no subsequent lease.

Since the applicant has not acquired title to the upland property, it is appropriate to address the existing non-compliance lease issues associated with the current owner prior to entering into a lease with the applicant. Staff recommends the Board of Trustees accept the following settlement:

The applicant, Jimmie Crowder, shall pay 100 percent of the lease fees in arrears, interest, and the administrative fine, maximum penalty times a factor of 4, on the westernmost site. The current upland owners (Millenders) are presently using this property for commercial dockage. The current upland owners (Millenders) are aware of these requirements for a lease having entered into a TUA as a result of past violations on the site. The applicant will remove the existing structures on all three sites prior to commencing any construction of the proposed marina. The applicant will not have to make additional payment for the past use of the middle and easternmost sites (Areas 2 and 3). These two sites have unregistered grandfather structures which are in a dilapidated condition due to hurricane damage. In addition, the docks have only been used sporadically by commercial boats for temporary moorage. The current upland owners (Millenders) have not charged for the usage of the docks.

Application of the current Board of Trustees' policy and rules addressing unauthorized uses of sovereignty submerged lands is to assess the existing upland owner lease fees in arrears, plus interest, and an administrative fine, if appropriate. This policy would result in the following charges:

Area square lease fees interest fines Total

footage in arrears

1 19,428(*1) $6,100.57 $1,116.03 $10,000(*2) $17,216.60

2 removal of the existing dilapidated structures

3 removal of the existing dilapidated structures

*1 Based on the specific purpose survey identifying the preempted area.

*2 The maximum which can be assessed is $10,000 based on a maximum of a

$2,500 fine with a multiplier of 4 for prior notice. The fine is calculated by

multiplying $0.50 times the preempted square footage.

This fee settlement has been agreed to by the applicant and is included as a special approval condition in the proposed lease. Acceptance of this by the Board of Trustees will resolve these long standing lease issues, and allow redevelopment to proceed.

Board of Trustees

Agenda - August 12, 1997 Page Twenty-six

Item 18, cont.

Staff considers the project to be in the public interest because it is a major economic benefit to the city of Carrabelle. The current waterfront area of downtown Carrabelle consists of a series

of dilapidated structures with little potential for economic development. The majority of the seafood processing plants and associated docking will be moved to the Three Rivers Properties site, located further south toward the mouth of the Carrabelle River. By moving these facilities to another site, it will bring another economic boost to the area. Removal of these dilapidated creosote pilings and replacement with a new Copper, Chromium and Arsenic docking facility will improve water quality, clear up a number of existing violations and revitalize downtown Carrabelle.

The applicant requests that the project be submitted to the Board of Trustees prior to acquiring title to the adjacent upland parcels. The applicant owns lots 30, 31, and one-half of lot 32. He has a contract for sale and purchase on all of the remaining lots in the project. The purchase option closing date has been extended to September 1, 1997. If the Board of Trustees approves this request, the applicant will be required to submit evidence of title within 180 days of approval of the project by the Board of Trustees. Approval will automatically be rescinded if this time frame is not met. A special approval condition has been included which addresses these requirements.

The proposed project will be located within the 25-foot setback area of W. Theo Proctor, Jr., on the west, the city of Carrabelle in the middle, and Farris Millender on the east. Waivers have been obtained from all of the affected property owners.

If the Board of Trustees grants approval to this request, the wetland resource permit will require sewage pumpout, does not authorize fueling facilities and prohibits liveaboards. The project is located in an unclassified area for shellfish harvesting per communication with the Shellfish Environmental Assessment (SEAS) office in Apalachicola. The Bureau of Protected Species was also contacted concerning manatees. Manatees have not been sighted in the Carrabelle River. In addition, there are no seagrasses and/or significant resources at the site. The applicant shall comply with the city of Carrabelle's requirements for parking, sewage pumpout and stormwater plans. The project was noticed pursuant to section 253.115, F.S., and one objection was received. The objector is the owner of lots 28 and 29 who is trading for lots 8 and 9. Ms. Lycett wanted to make sure that her proposed lots were not within the proposed lease area.

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 is 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 Carrabelle. A clearance letter from DCA states that the project as currently proposed will not be required to undergo a chapter 380, F.S., development of regional impacts (DRI) review at this time. If the applicant proposes additional upland development and/or boat slips, the project may be subject to DRI review requirements.

(See Attachment 18, Pages 1-29)