The URL can be used to link to this page

Home My WebLink About17-021JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4371703 11117/2017 03:32:52 PM OR BOOK 4065 PAGE 2247 - 2249 Doc Type: ORDN RECORDING $27.00 ORDINANCE NO. 17-021 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING COUNTY STAFF TO PROCEED WITH NEGOTIATING THE ACQUISITION OF CERTAIN INTERESTS IN REAL PROPERTY WITHIN ST. LUCIE COUNTY INCLUDING FEE SIMPLE TITLE OF PROPERTY OWNED BY KING MARITIME GROUP, LLC AND A 10% INTEREST OWNED BY KING MARITIME GROUP, LLC IN THE PROPERTY OWNED BY DESTIN BEACH, INC.; MAKING LEGISLATIVE FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted Section 342.07(l), Florida Statutes, explicitly recognizing that there is an important public interest in facilitating boating and other recreational access to the state's navigable waters and maintaining viable water -dependent support facilities, including boat hauling and repairing facilities; and WHEREAS, the Florida Legislature has further recognized that the waterways of the state are important for engaging in commerce and the transportation of goods and people upon such waterways and that such commerce and transportation is not feasible unless there is access to and from the navigable waters of the state through recreational and commercial working waterfronts; and WHEREAS, the Florida Legislative has enacted Section 125.045, Florida Statutes determining that a county may expend public funds to attract and retain business enterprises and that the use of public funds toward the achievement of such economic goals constitutes a public purpose; and WHEREAS, St. Lucie County (hereinafter "County") is committed to providing opportunities for economic development within the County, including by facilitating recreational and commercial working waterfronts wherever possible; and WHEREAS, the County has heretofore engaged in discussions regarding the potential purchase of certain real property owned by King Maritime Group, LLC situated on or near the waterfront in the County, hereinafter referred to as the "Maritime Property;" and WHEREAS, the Maritime Property has a submerged lands lease and existing approvals for the installation of a pier to facilitate a travel lift, making it a prime candidate for development as a working waterfront property; and WHEREAS, the County's acquisition of the Maritime Property would serve an essential County purpose by facilitating the development of a working waterfront, providing economic development opportunities, promoting tourism, and facilitating recreational and commercial boating and access to navigable waters of the State; and WHEREAS, the current owner of the Maritime Property also owns a 10% interest in certain other property located on or near the waterfront in the County, hereinafter referred to as the "Destin Beach Property"; and I WHEREAS, the Maritime Property cannot be acquired without acquisition of the 10% interest in the Destin Beach Property; and WHEREAS, the County's interest in the acquisition of Maritimes 10% interest in the Destin Beach Property is solely related to the facilitation of acquisition of the Maritime Property; and WHEREAS, the County's ownership interest in the Destin Beach Property would be limited to a 10% interest in the real property comprising the Destin Beach Property as established by the Corrected Findings of Fact, Conclusions of Law, and Final Judgment entered by the United States District Court for the Southern District of Florida in Case No. 08-14160 (hereinafter "Final Judgment"), and the County would not acquire nor would it undertake to establish an interest in any business venture with the other owners of such property; and WHEREAS, by the terms of the Judgment, the 10% interest in the Destin Beach Property does not represent a controlling interest in the Destin Beach Property, and the County, if it purchases such interest, would neither "control" the Destin Beach Property nor be "delegating" control to the other owners thereof, nor would it have the authority to bind the other owners of the Destin Beach Property; and WHEREAS, the County's intent in connection with the acquisition of the 10% interest in the Destin Beach Property is not to create a joint venture in the use and enjoyment of the property or create any affirmative funding obligations on the part of the County; and WHEREAS, if the 10% interest in the Destin Beach Property is acquired, the County will have no community of interest in the use and enjoyment of the Destin Beach Property with the other owners; and WHEREAS, the County will neither commit nor pledge County funds or credit to maintain the Destin Beach Property; and WHEREAS, the County will have no duty or obligation to commit any County funds or credit that may be sustained in the use and enjoyment of the Destin Beach Property; and WHEREAS, the County intends to expressly disclaim any profits (in excess of its investment and any direct costs associated therewith) that it may be entitled to by virtue of a 10% ownership interest in the Destin Beach Property; and WHEREAS, with the possible exception of the loss of value of its interest in the Destin Beach Property or its exposure to a portion of the expenses incurred with respect thereto, the County would not be responsible for losses incurred with respect to the use of the Destin Beach Property. NOW THEREFORE, be it Ordained by the Board of County Commissioners of St. Lucie County, Florida, as follows: 2 SECTION 1. INCORPORATION OF RECITALS. The above recitals are true and correct and are hereby incorporated by reference. SECTION 2. AUTHORIZATION OF COUNTY STAFF TO NEGOTIATE THE ACQUISITION OF THE MARITIME PROPERTY AND DESTIN BEACH PROPERTY. County staff is hereby authorized to negotiate the County's acquisition of the Maritime Property, further described in Exhibit "A" attached hereto and incorporated by reference, and Maritime's 10% interest in the Destin Beach Property, further described in Exhibit "B" attached hereto, and incorporated by reference, in accordance with the terms of the findings set forth herein. Any proposed agreement for the County to acquire these properties shall be subject to final approval by the Board of County Commissioners. SECTION 3. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed with the Department of State and shall become effective upon filing with the Department of State. SECTION 4. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice Chairman AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE pASSED AND A¢DO-by the Board of County Commissioners of St. Lucie County, Florida this `�� day of Jt / , 2017. ATTEST: Dep d ty Clerk BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: Chair an APPROVED AS TO FORM AND CORRE TNESS: By: County Attorn y 3 RICK SCOTT KEN DETZNER Governor Secretary of State November 15, 2017 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Alice Sennott Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 17-021, which was filed in this office on November 15, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us