Legislation Details

File #: 26-1011   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 7/28/2026 Final action:
Title: CORRECTION OF SCRIVENER'S ERROR IN PREVIOUSLY APPROVED MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, RURAL AND FAMILY LANDS PROTECTION PROGRAM, FOR THE ACQUISITION OF CONSERVATION EASEMENTS ON ENVIRONMENTALLY SENSITIVE LANDS
Attachments: 1. May19.2026 Action Summary EXCERPT.pdf, 2. Martin MOA_County Turnpike Dairy_FINAL.pdf, 3. Martin MOA_County Turnpike Dairy_REDLINE.pdf, 4. Martin MOA_County SS Farms_FINAL.pdf, 5. Martin MOA_County SS Farms_REDLINE.pdf, 6. Martin MOA_County Leonard Prop_FINAL.pdf, 7. Martin MOA_County Leonard Prop_REDLINE.pdf

PLACEMENT: Consent

TITLE:

title  

CORRECTION OF SCRIVENER’S ERROR IN PREVIOUSLY APPROVED MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, RURAL AND FAMILY LANDS PROTECTION PROGRAM, FOR THE ACQUISITION OF CONSERVATION EASEMENTS ON ENVIRONMENTALLY SENSITIVE LANDS

end

EXECUTIVE SUMMARY:

executive summary

On May 19, 2026, the Martin County Board of County Commissioners approved three identical Memorandums of Understanding (MOAs) with the Florida Department of Agriculture and Consumer Services (FDACS), Rural and Family Lands Protection Program, to acquire conservation easements on three environmentally sensitive parcels: Turnpike Dairy (525 acres), SS Farms (51 acres) and the Leonard Parcel (239 acres).  Prior to execution, County staff identified a scrivener’s error in the MOAs that erroneously granted enforcement rights under the easements to Martin County.  Section 9 of the MOAs has been revised to grant all enforcement rights to FDACS. All remaining provisions remain unchanged.

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DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Michael Yustin                     

                     Title:                     Senior Project Manager                     

REQUESTED BY: Board of County Commissioners                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

1.                     Agreements drafted by:

FDACS

 

2.                     Parties to the Agreements:

FDACS

Martin County

 

3.                     Purpose of the Agreements:

To set forth the understanding between FDACS and Martin County with respect to the acquisition of conservation easements over three environmentally sensitive parcels.

 

4.                     New/Renewal/Modification:

New

 

5.                     Duration:

Perpetual

 

6.                     Benefits to Martin County:

To preserve rural lands and leverage outside funding to secure lasting conservation benefits.

 

7.                     Cost to Martin County:

None.

 

Attached to this agenda item are the three revised MOAs, along with redlines showing the correction of the scrivener’s error in section 9.

 

ISSUES:

 

None

 

LEGAL SUFFICIENCY REVIEW:

 

This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board approve the revised MOAs and authorize the Chair to execute the MOAs and any additional documents necessary to accomplish these transactions.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and provide staff with additional direction.

 

FISCAL IMPACT:

 

RECOMMENDATION

Final acquisition costs are not yet available.  Funding amounts will be determined following completion of appraisals and negotiations with the respective landowners.

                     

ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other:     3 MOAs