Submittal of the minutes of the March 10, 1998, and March 24, 1998 Cabinet meetings.

COUNTY: Polk

LOCATION: Sections 20 and 29, Township 31 South, Range 29 East

CONSIDERATION: $391,400 ($380,000 for the acquisitions; $11,400 for the purchase of the option agreements)

APPRAISED BY

REVIEW String APPROVED PURCHASE OPTION

NO. PARCEL ACRES (10/02/97) VALUE PRICE DATE

807007 Alico/16 294.74 $265,000 $265,000 $236,000 180 days after

BOT approval

807008 Saddlebag/18 55.40 $166,000 $166,000 $144,000

350.14 $431,000 $380,000

Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL) and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase a 294.74-acre parcel from Alico, Inc., a Florida corporation, formerly known as Alico Land Development Company, and a 55.40-acre parcel from Saddlebag Lake Resorts, Inc., a Florida corporation. After these acquisitions are approved, the Board of Trustees will acquire the options from TNC for $11,400, which represents agreed upon compensation to TNC for overhead associated with acquiring the options. The Board of Trustees may then exercise the options and purchase the properties. The assignment of option agreements provide that payment to TNC is contingent upon the Board of Trustees successfully acquiring the properties from the owners. The assignment of option agreements further provide that in no event will the purchase price for the options and the purchase price of the properties 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.

sellers’ environmental site assessment costs, not to exceed $1,800 for the Alico parcel and $1,650 for the Saddlebag parcel.

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 Ecosystem 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.

The properties will be managed by the Florida Department of Agriculture and Consumer Services, Division of Forestry, as a unit of the Lake Wales Ridge State Forest.

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 2, Pages 1-57)

COUNTY:  Collier

LOCATION:  Section 05, Township 50 South, Range 27 East

CONSIDERATION:  $290,000

APPRAISED BY

REVIEW Dane APPROVED PURCHASE OPTION

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

807001 Trinpac/71 171.42 $308,556 $308,556 $290,000 180 days after

BOT approval

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

The cypress swamps and old-growth slash pine flatwoods in the Belle Meade CARL 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, while providing a large area for recreation in a natural environment to residents of and visitors to rapidly urbanizing southwest Florida.

The 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

COUNTY: Monroe

LOCATION: Sections 04 and 05, Township 66 South, Range 29 East

CONSIDERATION: $347,400

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.

Certified surveys and title insurance policies will be provided and environmental site assessments may be provided by the 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, 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 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 4, Pages 1-19)

RECOMMEND APPROVAL

REQUEST: Consideration of (1) authorization to acquire an undivided 67 percent interest in 408.63 acres within the Hutchinson Island/Blind Creek CARL project from multiple owners; (2) designation of St. Lucie County as managing agency; and (3) confirmation of the management policy statement.

LOCATION: Sections 04, 05, 08 and 09, Township 36 South, Range 41 East

CONSIDERATION: $________ (The Board of Trustees’ 47.5 percent share of the total purchase price of $__________)

STAFF REMARKS: The Hutchinson Island/Blind Creek CARL project is ranked number 6 on the CARL Bargain\Shared Project List approved by the Board of Trustees on February 11, 1997, and is eligible for purchase under the Division of State Lands’ Land Acquisition Workplan. The project contains 408.63 acres (previously shown as 352 acres per erroneous property tax card information). After the Board of Trustees approves this agreement, the project will be complete.

On January 21, 1998, the Board of Trustees authorized staff to enter into an acquisition agreement with the South Florida Water Management District (District) and St. Lucie County to acquire multiple ownerships located within the Hutchinson Island/Blind Creek CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S.

The District contracted to purchase each ownership at 100 percent of the appraised value. This project’s funding involves a federal grant through the U.S. Fish and Wildlife Service. The required federal acquisition procedures obligate the District to offer the full appraised value and pay all closing costs. The Board of Trustees' purchase price will be 47.5 percent of the contract price plus 47.5 percent of the costs incurred in the purchase of the property. Pursuant to the terms of the acquisition agreement, the District shall be reimbursed 47.5 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs. Title to the property acquired will vest jointly in the Board of Trustees and District, with the District owning a 33 percent fee simple interest and the Board of Trustees owning a 67 percent fee simple interest.

As provided for in the acquisition agreement, on April 16, 1998, the Governing Board of the District will consider for adoption Resolution No. 98-____ requesting the Board of Trustees’ share of the purchase price for all parcels, reimbursement of 47.5 percent of its preacquisition costs and reimbursement of 47.5 percent of its closing costs (recording, title insurance policy and survey costs). Pursuant to the acquisition agreement, the preacquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

Hutchinson Island is a rapidly developing barrier island on Florida’s southeast coast. The Hutchinson Island/Blind Creek CARL project will conserve and restore some of the last open land on the island around Fort Pierce, preserving nesting beaches for several kinds of endangered sea turtles, protecting a tropical hammock and mangrove swamp, and providing a coastal recreation area for the public.

Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate St. Lucie County as the managing agency for this site. It will be managed as a park.

Section 259.032(9)(b)2., F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 1997 CARL Annual Report adopted by the Board of Trustees on February 11, 1997. Staff recommends that the Board of Trustees confirm the management policy statement as written.

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

(Attachment will be submitted separately.)

COUNTY:  Marion

LOCATION:  Section 07, Township 16 South, Range 19 East

CONSIDERATION:  $ 39,200

APPRAISED BY

REVIEW Arline APPROVED PURCHASE OPTION

NO. PARCEL ACRES (09/09/96) VALUE PRICE DATE

807009 Rainbow Spgs 1.22 $49,000 $49,000 $39,200 180 days after

BOT approval

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 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 parcel to be acquired meets all of the following conditions:

• the parcel is surrounded by state-owned land or surrounded by land the state intends to acquire;
• the referenced parcel is located within a subdivision or in a section in which the controlling land corners have been recently surveyed and the survey drawing is acceptable for computing acreage;
• the parcel was formally a wastewater treatment site;
• the boundary of the parcel does not adjoin fences or improvements other than those managed by the state; and
• the parcel was visually inspected on February 6, 1998.

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. In the event a full

survey is waived, a professional land surveyor will inspect the property for any visible evidence of improvements or potential boundary issues. In cooperation with the managing agency, the Division of State Lands will acquire any special purpose survey work necessary for the effective management of this property.

This property will be managed by DRP as an addition to the Rainbow Springs State Park.

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

COUNTY:  Levy

LOCATION:  Sections 01, 02 and 11, Township 15 South, Range 13 East

CONSIDERATION:  $ 1,088,000

APPRAISED BY

REVIEW Tompkins Miller APPROVED PURCHASE OPTION

NO. PARCEL ACRES (06/25/97) (06/25/97) VALUE PRICE DATE

807010 GP Property 1,240 $1,054,000 $1,116,000 $1,116,000 $1,088,000 180 days

after BOT

approval

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 purchaser prior to closing. The seller will provide an environmental site assessment and a title insurance policy prior to closing. The purchaser will reimburse seller’s environmental site assessment cost, not to exceed $5,000, and title insurance policy cost.

This property is subject to a 50 percent interest in outstanding oil, gas and mineral interests in favor of Patty H. Paterson, et al. These outstanding interests affect approximately 1,240 acres. Staff recommends acquiring the property subject to the outstanding interests. The Bureau of Geology determined that the potential for oil and gas production at this site is considered slim at this time. The sediments with the greatest potential for commercial industrial mineral development are the carbonates. The Bureau of Appraisal has indicated that the outstanding interests do not affect the market value of the property. DRP, the future managing agency, has determined that the property can be effectively managed subject to the outstanding oil, gas and mineral interests.

Adjacent to the property is a ten-acre parcel which the Trust For Public Land intends to donate to the state. Although the ten-acre parcel is presently encumbered with a cellular tower lease, DRP, the managing agency, has determined that the property can be effectively managed with the encumbrance.

This property will be managed by DRP as an addition to the Waccasassa State Preserve.

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 7, Pages 1-43)

RECOMMEND APPROVAL

APPLICANT: Office of Greenways and Trails

COUNTY:  Orange

LOCATION:  Sections 13 and 14, Township 22 South, Range 27 East; Sections 04 and 05, Township 22 South, Range 28 East; and Section 34, Township 21 South, Range 28 East

CONSIDERATION: $232,528.40

APPRAISED BY

REVIEW Bullard MacMillan APPROVED PURCHASE OPTION

NO. PARCEL ACRES (08/06/97) (08/05/97) VALUE PRICE DATE

114 0.54 $ 18,900 $ 18,900 08/30/98

116 2.26 $ 79,100 $ 79,100

117 0.72 $ 23,800 $ 23,800

123A 1.27 $ 38,100 $ 38,100

124 3.40 $102,000 $102,000

177 1.10 $ 52,300 $ 52,300

189 0.71 $ 23,500 $ 23,500

199 0.93 $11,650 $ 11,650 __________

807011 10.93 $349,350 $232,528.40

Pursuant to a multi-party acquisition agreement with Orange County (County), the County acquired the 10.93 acres from various sellers for $232,528.40. If this item is approved, the Board of Trustees will reimburse the County for the lesser of the approved value or the purchase price for the parcels plus survey costs.

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 West Orange Trail project consists of five phases. Once completed, the West Orange Trail will become part of the 200-mile Central Florida Loop. This immense greenway system would stretch from the Ocala National Forest to Wekiva Springs State Park. The Central Florida Loop (and the West Orange Trail) will link communities to natural lands throughout the region.

This property will be managed by the County as a recreational greenway.

This acquisition is consistent with section 260.015, F.S., and section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 8, Pages 1-48)

RECOMMEND APPROVAL

APPLICANT: Office of Greenways and Trails

COUNTY:  Marion

LOCATION:  Sections 03 through 06, Township 15 South, Range 23 East; and Section 33, Township 14 South, Range 23 East

CONSIDERATION:  $1,760,000

APPRAISED BY

REVIEW Hayes Sutte APPROVED PURCHASE OPTION

NO. PARCEL ACRES (11/03/97) (12/04/97) VALUE PRICE DATE

807012 Silver Run/A 646.03 $1,775,000 $1,615,000 $1,775,000 $1,760,000 90 days

after BOT

approval

Closing of this transaction has been structured in two phases to allow closing on 644.03 acres in Phase I with the closing on the two remaining acres in Phase II to follow the construction of a multi-purpose facility. The seller, Silver Run Properties, Inc., will construct and donate to the state a 2,000 square-foot multi-purpose visitor’s center and trailhead facility, at a cost of approximately $200,000, on the two acres in Phase II. The Division of Recreation and Parks has reviewed the preliminary building plans and has agreed to review the final plans prior to construction. Should the closing on Phase II not occur, the purchase price will be adjusted accordingly and management of the primary parcel will not be adversely affected.

Preliminary title work revealed possible outstanding timber, oil and mineral interests based on a 1905 deed. The effect of these interests, if any, will be revealed through further title work prior to closing.

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 waiver of the requirement for survey for a portion of the parcel is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, that portion of the parcel described as lots in the Silver Springs Unit One subdivision meets all of the following conditions:

• the lots are surrounded by state-owned land or surrounded by land the state intends to acquire;
• the lots are located within a subdivision in which the controlling land corners will be surveyed and the survey drawing will be acceptable for computing acreage; and
• the lots are in their natural unimproved condition.

While a portion of the parcel is being recommended for a waiver of survey at this time, should the title commitment and field inspection reveal a substantive surveying or surveying related issue which impacts this portion, a certified survey will be provided by the seller prior to closing.

A certified survey for the remainder of the parcel, a title insurance policy and an environmental site assessment will be provided by the seller prior to closing. The purchaser

will reimburse the seller’s title insurance costs; survey costs, not to exceed $27,000; and environmental site assessment costs, not to exceed $3,000.

This project lies directly north of Silver Springs State Park, completes a gap in the Cross Florida Greenway and connects with the Ocala National Forest. It has opportunities for hiking, biking, equestrian activities, boardwalks, nature trails and interpretive displays. This parcel represents a corridor of approximately 3.5 miles along State Road 40 and is being acquired as a multi-use recreational trail system.

This project will be managed by Marion County as a recreational greenway.

This acquisition is consistent with section 260.015, F.S., and section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 9, Pages 1-42)

RECOMMEND APPROVAL

COUNTY: Okaloosa

Lease No. 460005691

APPLICANT: Destin Offshore Marine Services, Inc.

LOCATION: Section 00, Township 02 South, Range 22 West, in Old Pass Lagoon, within the local jurisdiction of the City of Destin. Aquatic Preserve: No

CONSIDERATION: $1,326.59, representing (1) $ 1,105.49 as the annual 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 (2) $221.10 as the annual extended lease term payment calculated at 20 percent of the lease fee. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.

STAFF REMARKS: The existing facility was originally registered as a grandfather facility pursuant to the first grandfather structure registration program. In 1991, the grandfathered status was forfeited because of a change in upland ownership, and a lease was entered into between the Board of Trustees and the upland property owner. The lease was modified to reflect the current upland property owner in 1992, and subsequently renewed in 1996.

The applicant wishes to extend the term of the lease because of financial needs and requirements of a loan arrangement with the U. S. Small Business Administration. Pursuant to section 18-21.008(1)(b)2, F.A.C., leases shall be for a term of up to 25 years, and renewable at the option of the Board of Trustees. Staff has reviewed the request for compliance with the proposed rule amendments concerning extended term leases and this request is consistent with the proposed rule.

The primary concern previously expressed by the Board of Trustees on this issue has focused on ensuring that the Board of Trustees’ proprietary and fiduciary roles are not limited in any way by long-term commitments. To address this concern, the Board of Trustees approved a special lease condition to be incorporated into extended term leases. As a result, that special lease condition will be incorporated into the modified lease.

The applicant has advised that this facility does not facilitate/provide slips for "Cruises to Nowhere."

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 the request for an extended lease term for this facility is not subject to the local government planning process.

(See Attachment 10, Pages 1-6)

REQUEST: Consideration of a proposal to issue a disclaimer to 217.62 acres, more or less, of dredged submerged lands surrounding twelve piers and to issue a maintenance dredging easement in return for the applicant relinquishing its Butler Act claim to 137.80 acres, more or less, of dredged submerged lands beyond the piers by execution of a quitclaim deed to the Board of Trustees.

COUNTY: Clay

LOCATION: Section 38, Township 06 South, Range 26 East

APPLICANT: Clay County Port, Inc.

STAFF REMARKS: The applicant has filed an application for a disclaimer to 355.45 acres, more or less, of submerged lands as "permanent improvements" pursuant to the Butler Act (Chapter 8537, Acts of 1921) and section 253.129, F.S. The area for which the disclaimer is being sought consists of dredged areas surrounding twelve piers (Parcel A) as well as a dredged area lying between Parcel A and the channel of the St. Johns River (Parcel B). The piers were built and the dredging was conducted by the U. S. Navy prior to 1951 and the area has remained essentially unchanged since that time. The Board of Trustees has previously issued a disclaimer for the land beneath the piers.

Whether dredging constitutes a "permanent improvement" under the Butler Act has not been finally resolved by the courts. The Third District Court of Appeal, in the recent case Board of Trustees of the Internal Improvement Trust Fund v. Key West Conch Harbor, Inc., 683 So. 2d 144 (Fla. 3d DCA 1996), held that dredging can be a permanent improvement for which a disclaimer should be issued. In City of West Palm Beach v. Board of Trustees of the Internal Improvement Trust Fund, et al., No. CL 94-9509 AB (Fla. 15th Cir. Ct. 1995), in a factual situation very similar to the instant application, the Circuit Court held that dredging did not constitute a permanent improvement. That decision was overturned on appeal by the Fourth District Court of Appeal, although a motion for rehearing is still pending in that case.

Recognizing the uncertainty of the legal issues, the applicant has offered to compromise its Butler Act claim by giving up its claim to Parcel B (except for an easement for future maintenance dredging) if the Board of Trustees will issue a disclaimer to Parcel A. Staff believes this offer should be accepted. If the Board of Trustees denies the application, it could lose Parcel B as well as Parcel A in subsequent litigation. By accepting the applicant’s offer, the Board of Trustees will retain title to Parcel B and avoid the cost of litigation.

This would be accomplished by the applicant granting a quitclaim deed for Parcel B to the Board of Trustees, the Board of Trustees granting a disclaimer for Parcel A to the applicant, and the Board of Trustees granting an easement for maintenance dredging of Parcel B to the applicant. Forms of those instruments shall be substantially as those attached. Staff recommends that because the lands subject to this disclaimer (Parcel A) are subject to the inalienable public trust under which the Grantor acquired and holds title to sovereignty lands, a notice be included in the disclaimer providing that, if at any time or for any reason, the lands described therein are no longer bulkheaded or filled-in or permanently improved, and said lands are no longer being used or intended to be used for the purposes contemplated by the Butler Act, Grantor shall have the right to reclaim all right, title and interest in and to said lands as part of the public trust lands.

The Department of Environmental Protection (DEP) is currently engaged in rulemaking to adopt language providing for such notice. The applicant has agreed to accept this language in the disclaimer rather than waiting for a conclusion of the rulemaking process.

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

(See Attachment 11, Pages 1-32)

REQUEST: Consideration of the conveyance of 32,478 square feet of land to the City of Punta Gorda.

COUNTY: Charlotte

Dedication No. 21856

APPLICANT: City of Punta Gorda

LOCATION: Section 06, Township 41 South, Range 23 East, in Punta Gorda Harbor, within the local jurisdiction of the City of Punta Gorda

CONSIDERATION: $89,895

STAFF REMARKS: In 1958, the Board of Trustees dedicated (Dedication No. 21856) approximately 82,700 square feet of sovereign, submerged land to the City of Punta Gorda (City) on the condition that if the City failed to use the land for road purposes the Board of

Trustees could, at its option, terminate the dedication and recover the property. Part of the property was filled and used as a municipal mobile home park but none of it was ever used for a road.

In 1992, the City approached the Board Of Trustees’ staff with a request to release the deed restrictions on the property so that it could be incorporated into a planned community redevelopment project. In light of the fact that the property had never been used for the purposes for which it was dedicated, staff recommended that the City deed the entire parcel back to the Board Of Trustees and request a reconveyance of the filled portion for the redevelopment project. On May 11, 1993, the Board of Trustees conceptually approved the City’s request on the condition that the City pay the Board of Trustees $138,000, which was the appraised value of the filled parcel at that time. Under the proposed redevelopment plan, the filled parcel plus other lands owned by the City were to be sold to a private developer.

Since that time, the project has been redesigned. The City now proposes to use part of the filled property (13,499 square feet) for a public boardwalk along the waterfront, and the remainder (18,979 square feet) would be sold to a private developer for residential and hotel development. On February 10, 1998, the Board of Trustees reconsidered its previous action in light of the new project configuration and again conceptually approved the City’s request and directed staff to proceed with negotiations regarding the sale price. Staff began negotiations by offering the property to the City’s Community Redevelopment Agency (CRA) for the updated appraised value of $89,895. The CRA met on March 18, 1998, and voted unanimously to accept the offer. A contract for the transaction has been prepared and is presented to the Board of Trustees for approval. At the April 14, 1998 Cabinet meeting, the Board of Trustees invited public comment on the proposed conveyance. Sixteen proponents and six opponents from Punta Gorda and Charlotte County were present to discuss the issue.

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 the proposed action is not subject to the local government planning process.

(See Attachment 12, Pages 1-12)