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Item H5 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: September 1S, 2004 Bulk Item: Yes No X Department: Land Authority Agenda Item Wording: Approval of a resolution authorizing Mark J. Rosch, as Executive Director, to execute purchase agreements on behalf of the land Authority. Item Background: This resolution is proposed to facilitate the purchase of real property, particularly affordable housing sites. All land Authority agreements to purchase real property must be approved by the Advisory Committee and the Governing Board, a process which takes 30 to 60 days to complete. To increase the Land Authority's competitiveness in the marketplace, the proposed resolution authorizes Mr. Rosch to execute purchase agreements, thereby providing the Sellers with an executed agreement 30 to 60 days sooner than the land Authority could otherwise provide. In order to exercise this authority, the resolution requires Mr. Rosch to 1) first consult with the Chairman or Vice Chairman of the Advisory Committee and 2) use a purchase agreement specifying that the transaction is subject to approval by the Advisory Committee and Governing Board. Advisory Committee Action: On August 26, 2004 the Committee voted S/O to approve the proposed resolution. Previous Governing Board Action: On October 1S, 2003 the Board approved Resolution 11-2003 granting this authority on an interim basis. Contract/Agreement Changes: This resolution will remain in effect until rescinded or until Mr. Rosch leaves the position of Executive Director. Staff Recommendation: Approval Total Cost: N/A Budgeted: Yes No Cost to Land Authority: NIA Source of Funds: Approved By: Attorney ~ County land Steward Executive Director Approval: PI('~ 0- ark J. Rosch Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item LA #S RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING MARK J. ROSCH AS EXECUTIVE DIRECTOR TO EXECUTE PURCHASE AGREEMENTS ON BEHALF OF THE LAND AUTHORITY. WHEREAS, pursuant to section 380.0661, et seq., Florida Statutes (FS), section 9.3-2, Monroe County Code, and Land Authority Rule 02-1991, the purchase of property by the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") is subject to approval by the Land Authority's Advisory Committee and Governing Board; and WHEREAS, due to the meeting schedules of said Advisory Committee and Governing Board, approval of proposed purchase agreements requires a period of 30 to 60 days; and WHEREAS, some Sellers, particularly Sellers of lots suitable for development with affordable housing, are reluctant to take their properties off the market during said 30 to 60 day approval period in the absence of a purchase agreement executed by the Land Authority; and WHEREAS, in response to these issues, on October 15, 2003 the Land Authority Governing Board adopted Resolution 11-2003 authorizing the Executive Director to execute purchase agreements on behalf of the Land Authority on a temporary basis; and WHEREAS, on August 26, 2004, the Advisory Committee voted 5/0 to approve making said authorization permanent, so long as Mark J. Rosch is the Executive Director; and WHEREAS, the Governing Board wishes to approve the Advisory Committee's recommendations; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY that Mark J. Rosch, as Executive Director, is hereby authorized to execute purchase agreements on behalf of the Land Authority subject to each of the following requirements: 1. The Executive Director shall consult with the Chairman or Vice Chairman of the Advisory Committee prior to executing the purchase agreement. 2. The purchase agreement shall specify that the transaction is contingent upon approval by the Advisory Committee and Governing Board. 3. As long as Mark J. Rosch remains in the position of Executive Director, the authorization granted by this resolution shall not expire unless rescinded or otherwise discontinued by the Advisory Committee or Governing Board. Page 1 of 2 4. The authorization granted by this resolution shall automatically be rescinded upon the resignation or termination of Mark J. Rosch from the position of Executive Director. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2004. Commissioner McCoy Mayor Nelson Commissioner Neugent Commissioner Spehar Chairman Rice (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director David P. Rice Chairman Approved for Legal Sufficiency Larry R. Erskine Page 2 of 2