Okaloosa County BOCC — November 4, 2014 — Resolution — reading text

RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY; AUTHORIZING CONVEYANCE OF A DEED OF EASEMENT; APPROVING THE PURCHASE AND SALE AGREEMENT; APPROVING THE DEED OF EASEMENT; APPROVING AND AUTHORIZING THE CHAIR OR VICE CHAIR, OR THEIR DESIGNEE, TO EXECUTE SUPPORTING DOCUMENTS; PROVIDING GENERAL AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125 Florida Statutes and the constitutional home rule powers of Okaloosa County authorize the County to acquire and convey real property; WHEREAS, the County has determined that the purchase of property in the Shoal River area will help preserve and protect an important water resource in the County; WHEREAS, the County previously entered into a Cooperative Agreement dated April 21, 2014 with The United States of America through the Secretary of the Air Force (“Cooperative Agreement”) pursuant to which the Air Force will provide grant funds to assist in acquiring the property in exchange for a Deed of Easement (Restrictive Use Easement) over portions of the property to protect military test and training capabilities and preserve compatible land uses; WHEREAS, the County previously entered into the following Defense Infrastructure Grant (“DIG”) Agreements with Enterprise Florida, Inc. to provide grant funds for acquiring property to protect military test and training capabilities and preserve compatible land uses: DIG 12-03, dated January 3, 2012; DIG 13-03, dated January 9, 2013; DIG 14-04, dated 6/20/2014; and, WHEREAS, the property to be acquired has been appraised by two independent appraisers and the purchase price reflects the average of the two appraised values. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA: 1. The recitals set forth above are true and correct and are incorporated into this Resolution. 2. The Purchase and Sale Agreement by and between the County and Haiseal Timber Company attached hereto as Appendix “A” (“Agreement”), is hereby approved. The Chair or Vice Chair, or their designee, is hereby authorized to execute the Agreement. 3. The Deed of Easement (Restrictive Use Easement) in favor of The United States of America attached hereto in substantially final form as Appendix “B” (“Easement”) is hereby approved. The Chair or Vice Chair, or their designee, is hereby authorized to execute the Easement on or around the date of closing on the property. 4. The Chair or Vice Chair, or their designee, are hereby authorized and directed to execute and deliver all documents, papers, certificates, and instruments and take all actions necessary and proper to effect: (i) the acquisition of the property described in the Agreement including, but not limited to, execution of closing documents; and (ii) the terms of the Cooperative Agreement and Easement. 5. The Chair and County staff are hereby authorized to do all acts and things required, consistent with this Resolution and the Agreement, for the full, punctual and complete performance of all requirements of the Agreement, the Cooperative Agreement, Defense Infrastructure Grant (DIG) Agreements, the Easement and this Resolution. The Vice Chair, or a designee of the Chair or Vice Chair, is authorized to do all things required of the Chair by this Resolution in his absence or unavailability. 6. This Resolution shall be liberally construed to effect the purposes hereof and shall take effect immediately upon its adoption. PASSED AND DULY ADOPTED at a meeting of the Board of County Commissioners of Okaloosa County on the ___ day of November, 2014. OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida By:___________________________________ Charles K. Windes, Jr., Chairman Board of County Commissioners ATTEST: ___________________________________ J D Peacock, II Clerk Ad Interim APPROVED AS TO FORM AND CORRECTNESS: By: Gregory T. Stewart County Attorney 2  Appendix “A” Purchase and Sale Agreement 3  Appendix “B” Restrictive Use Easement 4