www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - May 9, 2017
REVISED May 9, 2017 - Regular Meeting
Agenda Item #30


Subject
Resolution R-17-025 A resolution of the Board of County Commissioners of Manatee County, Florida, authorizing conveyance of county property to Manatee River Fair Association, Inc., a non-profit corporation

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information
Joy Leggett-Murphy, Property Acquisition Division Manager, Manatee County Property Management Department, Extension 3439

Action Requested
  • ADOPT Resolution R-17-025 and;
  • Execution of Contract for Sale and Purchase of Real Property and;
  • Execution of Amended Reciprocal Lease and Use Agreement between Manatee River Fair Association, Inc., and Manatee County and; 
  • Execution of Deed from Manatee County to Manatee River Fair Association, Inc.


Enabling/Regulating Authority
The legal authority for this item is FS 125.38 and Manatee County Local Laws, Ch. 1-1, Art. II., Div. 3, Subsection 1-1-48.

Background Discussion

The property known as the Manatee County Fairgrounds is located at 1303 17th Street West, Palmetto, Florida consisting of approximately 30 acres. 

On January 7, 2014, the BCC adopted Resolution R-14-012 authorizing the execution of a Reciprocal Lease and Use Agreement, Deed and Drainage and Utility Easement conveying certain properties located at the South end of the fairgrounds to the Manatee River Fair Association, Inc., a Florida non-profit corporation (MRFA).

The MRFA has requested the transfer of additional property located  between 14th Avenue West and 13th Avenue West, South of 12th Street West be conveyed to them for use as the site of the annual Manatee County Fair for the residents of Manatee County.  This area of conveyance is described as a 2.55 acre parcel described by Leo Mills & Associates, Inc., as part of the Deed of conveyance.

Upon the transfer of the additional property, the County shall own that portion of the Fairgrounds, as depicted in Exhibit "B" (the County Property) and MRFA shall own that portion of the Fairgrounds depicted in Exhibit "C" (the MRFA Property) attached.

In order to more efficiently manage their respective interests in the Fairgrounds and to set forth their mutual rights and obligations for the reciprocal use of their respective portions of the Fairgrounds, the County and MRFA wish to enter into the Amended Agreement with certain limitations and restrictions.

Article IV, Term and Termination of Agreement, Section 4.3, of the reciprocal agreement and in the deed of conveyance both have clauses subject to the express condition that the property leased to MRFA shall be used solely and exclusively for either charitable, educational, religious, scientific, character building, or patriotic uses and purposes that are also without profit.  In the event the same shall not be so used or shall cease to be so used the County shall have the right to terminate this Amended Agreement upon thirty days (30) days written notice.

The monetary consideration for the property transfer is Ten Dollars and 00/100 ($10.00).

From approximately January 2014 until November 2016, the City of Palmetto charged the County for stormwater fees for property that had been conveyed to MRFA.  MRFA agrees to reimburse the County the sum of Seventy-Five Hundred and Two Dollars ($7,502.00) for the amount paid by the County for stormwater fees on the transferred property.  Such payment shall be made within thirty (30) days of the effective date of execution of the Amended Reciprocal Lease Agreement.  The promise to reimburse and its terms are contained in the Amended Reciprocal Lease Agreement presented for execution.



County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other


Reviewing Attorney
Clague

Instructions to Board Records

Two sets each of the contract and agreement are attached for execution.  One certified copy of the Resolution, one original contract, one original  agreement, and the original deed to be returned to Property Acquisition, 1112 Manatee Avenue West, Suite 800, Bradenton, Florida 34205.

Please email a copy of this approved agenda item to Joy Leggett-Murphy, Property Acquisition Division Manager at Joy.Leggettmurphy@mymanatee.org; William E Clague, Assistant County Attorney, William.clague@mymanatee.org; and Mark Barnebey at mbarnebey@blalockwalters.com.



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Resolution R-17-025.pdf
Attachment:  Contract for Sale and Purchase of Real Property.pdf
Attachment:  Amended Reciprocal Agreement.pdf
Attachment:  Deed.pdf
Attachment:  CAO Response.pdf
Attachment:  Location Map.pdf