Okaloosa County BOCC — November 4, 2014 — Action Item Printout

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Shoal River Buffer Land Acquisition - Purchase Approval DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests that the Board of County Commissioners (BCC) approve the purchase of land for the Shoal River Buffer and authorize the Chairman to execute a Resolution, Purchase & Sale Agreement, Restrictive Use Easement, and Closing Documents. This land purchase is funded by the Readiness and Environmental Protection Integration (REPI) program and Defense Infrastructure Grants (DIG). The Shoal River Buffer Land Acquisition benefits both the Air Force (Duke Field flight path) and Okaloosa County (watershed protection for future water supply). BACKGROUND: See attached files: "OCWS Future Water Supply Update" - explains the need, background, and history. Note this is from the 12/3/2013 BCC presentation. "OCWS Future Water Supply Plan (Map)" - depicts the current plan/strategy, after years of planning. This map shows potential locations for the following infrastructure: surface water treatment plant, off-line reservoir, river intake structure, raw water pumping station, transmission lines, roads, and the Gulf Power transmission line relocation. "2010 Implementation Plan (Updated)" - the BCC approved this plan in February 2010. At the time, it was an unfunded road map. Since then, we have entered into as many partnerships as possible - Northwest Florida Water Management District, Eglin Air Force Base, and the U.S. Army Corps of Engineers - to accomplish many items on this Implementation Plan. Items highlighted in green are completed, and items highlighted in yellow are underway. "REPI Map" - this is Exhibit B of the REPI Cooperative Agreement and functions as a map of potential land to be purchased for the Shoal River Buffer Land Acquisition. In addition to the above-mentioned background items, the following documents are attached for your consideration, with an explanation below: - County Contract Review Coordination Sheet for the Resolution and Restrictive Use Easement - Resolution - Restrictive Use Easement - County Contract Review Coordination Sheet for the Purchase & Sale Agreement - Purchase & Sale Agreement At the 12/3/2013 meeting, the BCC authorized staff to move forward with the Shoal River Buffer Land Acquisition with the grant funding that has been obtained. The BCC also authorized staff to negotiate with the property owner and bring back a contract for approval and execution. At the 4/15/2014 meeting, the BCC approved and executed the Cooperative Agreement with the Air Force, which consolidated REPI funding from previous years and committed the County to put land into a type of conservation easement formally known as a Restrictive Use Easement (RUE). The land in the RUE will come from both the proposed land purchase and the existing acreage along the Shoal River that the County purchased in 2007. Since the 4/15/2014 BCC meeting, two independent land appraisals have been completed per State Statutes & Air Force standards. The Seller has agreed to a purchase price equal to the average of the two appraisals. What staff is asking for your consideration and approval today is essentially the execution of the agreements and concepts that the Board approved at the 12/3/2013 and 4/15/2014 BCC meetings, related to the Air Force (mission protection and enhancement) and Okaloosa County (watershed protection). Therefore, for your consideration and approval today is a Resolution regarding the purchase of the property. With this Resolution, the BCC would be: 1) approving the attached Purchase & Sale Agreement and authorizing the Chairman or Vice-Chairman to execute, 2) approving the attached Restrictive Use Easement (RUE) and authorizing the Chairman or Vice-Chairman to execute, 3) authorizing the Chairman or Vice-Chairman, or their designee to execute and deliver any and all documentation related to the closing documents, and 4) authorizing the Chairman and County staff to perform the requirements of the Purchase & Sale Agreement, the Cooperative Agreement, the Defense Infrastructure Grant (DIG) Agreements, the RUE, and this Resolution. For example, should a time extension be necessary, the Chairman or Vice-Chairman, or their designee, is authorized to execute such an extension. Also included in the closing documents will be the RUE dedicated to the Air Force; thus, creating the buffer. The attached RUE has been negotiated with the Air Force and has been through County Contract Review. However, it still has to go through final Air Force review, which typically happens after the Purchase & Sale Agreement is signed. Please understand that the BCC approval of the RUE is subject to final revisions by the Air Force and County legal counsel. This document will be one of many executed on or around the date of closing. Through the REPI program, the Air Force is expected to wire the necessary money stipulated in the Cooperative Agreement. DIG monies will be fronted by OCWS' reserve and reimbursed by Enterprise Florida, Inc. (EFI) via the executed grant agreements. Both the REPI and DIG grants include both land acquisition costs and closing costs. The land purchase price and closing costs should be covered 100% by the above-mentioned grants; however, in the event that the closing costs push the total amount needed over the grant money available, a small amount of additional money (less than $50K) could be needed from OCWS’ budget, where money is available in 411- 4120-561300. County Contract Review has been completed and the Coordination Sheets are attached for your review. In addition, Nabors Giblin Nickerson is serving as the real estate attorney to manage the closing and ensure all local, state, and federal requirements are met. The attached Purchase & Sale agreement stipulates the closing by 12/31/2014, unless a delay is mutually agreeable to the parties. Staff is planning for a closing the 2nd or 3rd week in December, before the holidays. OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS staff recommends BCC approval for the purchase of land to serve as the Shoal River Buffer and authorize the Chairman to execute a Resolution, Purchase & Sale Agreement, Restrictive Use Easement, and Closing Documents. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator