PLACEMENT: Departmental
TITLE:
title
REQUEST APPROVAL OF SETTLEMENT, LAND EXCHANGE, AND PURCHASE AGREEMENT CONCERNING THE CASE OF BE A MAN BUY LAND, LLC V. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, ET AL.; CASE NO. 2023-CA-000052
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EXECUTIVE SUMMARY:
executive summary
Staff recommends approval of a Settlement, Land Exchange, and Purchase Agreement between Be a Man Buy Land, LLC, South Florida Water Management District, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Florida Fish and Wildlife Conservation Commission and Martin County.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sebastian Poprawski
Title: Senior Assistant County Attorney
REQUESTED BY: Sebastian Poprawski, Senior Assistant County Attorney
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On January 20, 2023, Be a Man, Buy Land, LLC (BAM) filed suit against the South Florida Water Management District (SFWMD), the Florida Fish and Wildlife Conservation Commission, The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, and Martin County seeking Inverse Condemnation of its property, Injunctions, and Declaratory Judgment as to the validity of three (3) easements granting access into the Pal-Mar/Palm Beach Heights region of the County where BAM owns approximately 2,484 acres. BAM alleged vehicular access was necessary and denied by the parties into Pal-Mar/Palm Beach Heights. On July 17, 2023, the Court granted BAM’s request for an injunction allowing vehicular access through the East section of Pal-Mar off Pratt Whitney Road.
After lengthy mediation, all parties reached a tentative agreement whereby BAM would swap land it owns at a ratio of 2:1 with property jointly owned by the County and SFWMD. BAM would obtain land in the North Chimney portion while the County and SFWMD would gain land in highly sensitive middle and east portions. The remaining land owned by BAM outside the North Chimney would be purchased at $19,000/acre. Vehicular access would remain in the East section of Pal-Mar off Pratt Whitney Road with BAM ceasing all further business in the South Chimney, Middle and East sections of Pal-Mar. The SFWMD has agreed to pay approximately $12,800,000 towards the approximate $18,808,290 acquisition with the remaining $6,008,290 to be paid by the County. The parties would have one year to finalize the purchase.
The land at issue is within the Florida Forever conservation lands acquisition footprint and thus, qualifies for various Federal and State grant monies for its acquisition. With one year to finalize the land acquisition, the County would have adequate time to attempt to obtain outside funding.
The tentative agreement is subject to ratification by the BOCC as well as the governing boards of the respective parties.
ISSUES:
Whether to approve the Settlement, Land Exchange, and Purchase Agreement.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine if 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 Settlement, Land Exchange, and Purchase Agreement and authorize the Chairman or appointee to execute any and all documents to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
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Funding Source |
County Funds |
Non-County Funds |
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Approx. $12,800,000 from SFWMD |
Up to $6,008,290 |
Unknown at this time |
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Subtotal |
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Project Total |
$18,808,290 |
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☒Other: Settlement, Land Exchange, and Purchase Agreement
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.