§ 102-169. Option of owners in fee to convey development rights or covenant with board for specified term.

(a)

The owner or owners in fee of any land or water area located within unincorporated areas of the county which qualifies as environmentally endangered under F.S. § 193.501(6)(h) and sections 102-167 and 102-168 above, and has been approved for the preferential tax assessment program by resolution of the board of county commissioners, may, by appropriate instrument, for a specific term of not less than ten years:

(1)

Convey the development rights in the land to the board.

(2)

Covenant with the board that the land shall be maintained in its present natural state and be subject to one or more conservation restrictions if necessary to maintain such present state or enhance the natural state. In addition, the property shall not be used for any purpose other than low-intensity outdoor recreational or mosquito management control.

(3)

The covenant will include a provision for conditional sale, stating that the property owners must initially offer lands for sale to the county, if intention to sell occurs during the ten-year covenant period. The seller will provide to the county a written statement of intent to sell by first class mail, prior to initial sale proceedings. The seller will allow sufficient time (30 day minimum by written agreement to begin when the county receives notification) for the county to determine the land value of the property. Utilizing MAI appraisers at the county's expense, the county shall respond to the land owner within a prespecified timeframe, as determined by written agreement between the two parties. This provision provides the county the right of first refusal to provide an opportunity for the acquisition of the county's most endangered environmental lands.

(b)

The action by the owner to convey the development rights or execute a covenant pursuant to this subdivision, or to obtain a written instrument from the board of county commissioners reconveying all or part of the development rights to the owner or releasing the owner from the terms of the covenant, shall be by unanimous written consent of the owner, if more than one owner holds fee simple title to the land subject to the conveyance or covenant. All mortgagees holding a mortgage on the subject property must join in any conveyance or covenant entered into pursuant to this subdivision.

(c)

The owner or owners of land accepted into the preferential tax assessment program under this subdivision shall be responsible for payment of all costs associated with recording of the subject conveyance or covenant.

(Ord. No. 92-25, § 1(21-49), 11-10-92)