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RESOLUTION ACCEPTING ''ASSIGNMENT OF OPTION TO PURCHASE'' APPROXIMATELY 54.5 ACRES OF SOUTH DADE WETLANDS PROJECT WITHIN THE ENVIRONMENTALLY ENDANGERED LANDS PROGRAM ACQUISITION SITE WITH THE NATURE CONSERVANCY AS ASSIGNOR, MIAMI-DADE COUNTY AS ASSIGNEE AND BULLET CEMENT CORPORATION TRUSTEE AS SELLER FOR A PURCHASE PRICE OF $218,000; WHICH MAY BE FUNDED FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE PROVISIONS CONTAINED THEREIN

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, this Board desires to accomplish the purposes of Section 24-50 of the Code of Miami-Dade County,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby accepts the �Assignment of Option to Purchase� from The Nature Conservancy, as assignor, Miami-Dade County as assignee and Bullet Cement Corporation Trustee as seller for a purchase price of $218,000, which may be funded from the Building Better Communities General Obligation Bond Program, for purchase of property more specifically described in

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To: Honorable Chairman Dennis C. Moss
and Members,Board of County Commissioners

From: George M. Burgess
County Manager
Subject:Resolution Accepting �Assignment of Option to Purchase� Approximately 54.5 Acres of South Dade Wetlands Project within the Environmentally Endangered Lands Program Acquisition Site with The Nature Conservancy as Assignor, Miami-Dade County as Assignee and Bullet Cement Corporation Trustee as Seller for a Purchase Price of $218,000; Which May Be Funded from the Building Better Communities General Obligation Bond Program

STAFF RECOMMENDATION
The attached �Assignment of Option to Purchase� real estate has been negotiated by The Nature Conservancy for the Environmentally Endangered Lands (EEL) Program and is recommended for approval.

Scope
The EEL Program is countywide in nature. This acquisition is located in Commission District 9. The County Commission placed the South Dade Wetlands on the EEL Priority A Acquisition List in 1993. To date, the County, in partnership with the South Florida Water Management District, the State of Florida, and other funding partners, has acquired approximately 19,577 acres of land throughout Miami-Dade County since inception of the EEL Program.

Fiscal Impact/Funding Source
Building Better Communities General Obligation Bond (GOB) funding may be used for this purchase. If GOB bond funds are not available, the EEL Trust Fund may be used for the purchase. As of July 31, 2009, the balance of the EEL Trust Fund GF080 (Subfund 081, Project Numbers 081005, 081006, 081007 and 081008) is $58,845,692 of which $29,993,161 is reserved for acquisition and $28,852,531 is reserved for management.

Track Record/Monitor
Not Applicable

MANAGER'S BACKGROUND
The historic loss, fragmentation and degradation of native wetland and forest communities in Miami-Dade County are well recognized. In May of 1990, with the knowledge that remaining wetland and forest communities were endangered, the electorate of Miami-Dade County authorized the County to levy an ad valorem tax for two years to create the EEL Program and Trust Fund. The purpose of the EEL Program is to acquire, preserve, enhance, restore, conserve and maintain environmentally-endangered lands for the benefit of present and future generations.

The eight (8) parcels proposed for acquisition are within the South Dade Wetlands EEL Project, an important wetland system in the southern part of the County. Land in this area is targeted for acquisition because of its strategic location between two national parks (Everglades National Park and Biscayne National Park) within the watersheds of Florida Bay, Biscayne Bay, Card Sound and Barnes Sound. Preserving and maintaining these wetlands is important for protecting against salt water intrusion of the Biscayne Aquifer and because of the importance of the region to endangered and threatened species. The acquisition of these parcels will add to adjacent conservation land and will facilitate the management of other County-owned land in the area.

Some of the parcels involve prior tax deed transactions. In December 2007, the Board of County Commissioners (BCC) approved Resolution No. R-1300-07, authorizing the Environmentally Endangered Lands (EEL) Program to bid on and purchase tax deeds for real properties where the purchase price is equal to or less than either the appraised value or the tax assessed value. In March 2009, the BCC approved Resolution No. R-170-09 which amended the County�s agreement with the Nature Conservancy for continued provision of land acquisition and other services for the EEL Program. The amendment allowed the Nature Conservancy to assist in the acquisition of eligible properties by tax deed. Since receiving these approvals, the EEL Program has been monitoring tax deed sale lists for properties eligible for acquisition by the EEL Program. In April 2009, a 1.43 acre parcel was acquired by the EEL Program for $1,252.30. There have been no other eligible parcels, primarily because the parcels are not located within approved EEL project areas or because the delinquent taxes have been paid.

At the July 8, 2008 Government Operations and Environment Committee meeting, a similar contract was considered in which the EEL Program was purchasing a parcel that had been acquired by the seller through a tax deed transaction. At Committee, concerns were expressed related to the profit being realized by the seller. Nevertheless, the Committee approved the item. In this instance, the negotiated purchase price is below the August 2009 appraised value (85%). When the contract was finalized in June of 2009, the purchase price of $218,000 was significantly below (75%) the January 2009 appraised value of $292,500. Therefore, these parcels are recommended for approval.

The attached Assignment of Option to Purchase is for the following:

TAX FOLIO NUMBER: 30-8912-000-0470, 30-8912-000-0840, 30-8901-000-0710,
30-8901-000-1220, 30-8923-000-0110, 30-8923-000-0170,
30-8914-000-0025, and 30-8914-000-0120,

SELLER: Bullet Cement Corporation Trustee

SIZE: Approximately 54.5 acres

LOCATION: Folios 30-8912-000-0470, 30-8912-000-0840, 30-8901-000-0710 and 30-8901-000-1220:
Between SW 376 and 408 Streets, east of SW 127 Avenue, no road frontage, within Sections 1 and 12, Township 58 South, Range 39 East in the South Dade Wetlands Project (See Attachments A-1 and A-2)

Folios 30-8923-000-0110, 30-8923-000-0170, 30-8914-000-0025 and 30-8914-000-0120:
Between SW 408 and 440 Streets, east of SW 137 Avenue, no road frontage, within Sections 14 and 23, Township 58 South, Range 39 East in the South Dade Wetlands Project (See Attachments A-3 and A-4)

PURCHASE PRICE: $218,000 ($4,000 per acre)

APPRAISED VALUE: $255,300 ($4,684 per acre)

APPRAISAL DATE: August 5, 2009

SALE HISTORY: Folio 30-8912-000-0470:
June 1996: Tax Deed to Mongoose International Ventures, Inc. Amount of $620.48.

October 2000: Quit Claim Deed from Mongoose International Ventures, Inc. to Upper Haverford Asset Management Corp. No amount specified.

June 2002: Quit Claim Deed from Upper Haverford Asset Management Corp. to Waterbury Holding Corporation. No amount specified.

January 2006: Quit Claim Deed from Waterbury Holding Corporation to Bullet Cement Corporation. No amount specified.

January 2006: Corporate Warranty Deed from Bullet Cement Corporation to Louise Voltaire. Amount of $50,000 calculated from Documentary Stamp Tax fee.

March 2008: Warranty Deed from Louise Voltaire to Bullet Cement Corporation. No amount specified.

Folio 30-8912-000-0840:
May 2002: Tax Deed to North Haven Holding, Inc., amount of $1,010.

June 2002: Quit Claim Deed from North Haven Holding, Inc. to Waterbury Holding Corporation. No amount specified.

October 2004: Quit Claim Deed from Waterbury Holding Corporation to Bullet Cement Corporation. No amount specified.

Folio 30-8901-000-0710:
August 2001: Tax Deed to Amherst Asset Management, Inc. amount of $1,651.36.

October 2004: Quit-Claim Deed from Amherst Asset Management, Inc. to Bullet Cement Corporation. No amount specified.

Folio 30-8901-000-1220:
December 2000: Tax Deed to Upper Haverford Asset Management Corp. Amount of $1,538.38.

June 2002: Quit Claim Deed from Upper Haverford Asset Management Corp. to Waterbury Holding Corporation. No amount specified.

January 2006: Quit Claim Deed from Waterbury Holding Corporation to Bullet Cement Corporation. No amount specified.

January 2006: Corporate Warranty Deed from Bullet Cement Corporation to Williamson Land Development, Inc. Amount of $50,000 calculated from Documentary Stamp Tax fee.

May 2008: Certificate of Title in favor of Bullet Cement Corporation from Williamson Land Development, Inc.

Folio 30-8923-000-0110:
July 2006: Quit Claim Deed from Dean W. and Wendy Barclay to Tony DeFronzo. Amount of $1,000 calculated from Documentary Stamp Tax.

July 2006: Quit Claim Deed from Ursula G. Dean to Tony DeFronzo. Amount of $1,000 calculated from Documentary Stamp Tax fee.

July 2006: Warranty Deed from Tony DeFronzo to Bullet Cement Corporation. No amount specified.

Folio 30-8923-000-0170:
March 2006: Warranty Deed from Onell Coachman to Tony DeFronzo. Amount of $15,000 calculated from Documentary Stamp Tax fee.

March 2006: Quit Claim Deed from Tony DeFronzo to Bullet Cement Corp.

Folio 30-8914-000-0025:
January 2007: Corporate Warranty Deed from Our Father�s Place, Inc. to Bullet Cement Corporation. Amount of $15,000 calculated from Documentary Stamp Tax fee.

Folio 30-8914-000-0120:
July 2005: Warranty Deed from Joann Pirrello, Michael Pirrello, and Ramona Pirrello Coates to Bullet Cement Corporation. Amount of $39,000 calculated from Documentary Stamp Tax fee.

Bullet Cement is an active Florida Corporation with Ralph DeFronzo as Director and Registered Agent. Upper Haverford Asset Management, Waterbury Holding, Mongoose International Ventures, North Haven Holding, Amherst Asset Management and Haverford Asset Management are dissolved Florida corporations with Ralph DeFronzo as Director and/or Registered Agent.


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Assistant County Manager