Florida Gulf Coast University Board of Trustees January 19, 2010

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ITEM: 16 Florida Gulf Coast University Board of Trustees January 19, 2010 SUBJECT: Buckingham Land PROPOSED BOARD ACTION Approve the acceptance of land located in Buckingham: Lee County: Sections 7, 8, 18 & 7, Township 44 South, Range 19 East Parcels: 17-44-26-00- 00002.0000,18-44-26-00-00003.0000 07-44-26-00-00005.0000, that currently is State-owned land and would be incorporated into our existing lease of Stateowned land with the Board of Trustees of the Internal Improvement Trust Fund. BACKGROUND INFORMATION On August 5, 2009 the Florida Department of Environmental Protection sent to all state agencies, universities, Lee County and some federal agencies a notice of surplus State of Florida land in Buckingham. This land is currently being used by the Agency for Persons with Disabilities, which is a State-wide agency that provides disability and rehabilitee accommodations for persons with disabilities. The agency is consolidating its State-wide facilities. The land will become available July 1, 2010. Under Florida Statute (Section 253.034(6)(f)),-and-Rule 18-2.019, Florida Administrative Code, the State must offer any surplus lands to other State agencies and State universities, with State universities having priority. The land is approximately 500 acres with 300 acres having been developed. The remaining 200 acres are prime lands for mitigation in conjunction with the County s 20/20 lands which are adjacent. There are approximately 60 structures/buildings on the land including a water tower, swimming pool, chapel, gymnasium and dormitory accommodations that have in recent times housed 300 people. There are several houses on the site that were used for on-site administrators. Also there is one large commercial kitchen with an associated dining area in addition to a smaller café with commercial kitchen equipment. There is an outdoor softball/baseball field and an adjoining picnic area. Most of the 300 developed acres is grass. 1

The structures were built in the 1950s and 1960s. They are in excellent shape with the various required compliances for current fire and ADA codes. The site is connected to Lee County water and sewage. Each building has a back-up generator. The infrastructure is good with a paved road system, and the property is fenced. A gatehouse is at the front of the property to regulate incoming and outgoing traffic to the facility. Under Florida Statute, when Florida land is deemed surplus a notice is sent to all State agencies and universities. Under statute, universities are given priority to acquire the land. Should FGCU decide to incorporate the Buckingham parcel into its current parcel, it would be simply an amendment to its existing lease with the State. There is no cost to FGCU for the acquisition of the land. However, to maintain the land, provide minimum electricity to the buildings to prevent mildew and mold, and provide security, the annual cost is estimated to be between $1.5 million and $1.8 million. (Note: We will apply to the State of Florida for maintenance, plant, and operating dollars from the State should we acquire the land; however, there is no guarantee that we will receive it.) Under the present condition FGCU could use the land for research, more renewable energy (such as solar), our golf management program, cross country, student life retreat area, continuing education, or could sublease it to various local, county, or state agencies provided that the use was consistent with the university s educational mission as defined in our master lease with the State. Such uses could assist in defraying the operating costs. There are no plans to use it to offer FGCU for-credit courses. Supporting Documentation Included: Florida Department of Environmental Protection Memo with attached Site Map and Legal Description of Land Prepared by: Vice President for Administrative Services and Finance Joe Shepard Legal Review by: General Counsel Vee Leonard (January 6, 2010) Submitted by: Vice President for Administrative Services and Finance Joe Shepard 2

Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Charlie Crist Governor Jeff Kottkamp Lt. Governor Michael W. Sole Secretary DATE: August 5, 2009 FROM: SUBJECT: Joseph Duncan State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration NOTICE OF STATE-OWNED LAND FOR LEASE/SALE: Project 15672 Lee County: Sections 7, 8, 18 & 17, Township 44 South, Range 19 East Parcels: 17-44-26-00-00002.0000 18-44-26-00-00003.0000 07-44-26-00-00005.0000 See attached Legal Description and Map. _ rsuanuo-sectioll 2-53.Q34(6)(t),----FI6l'ida-5tatutes,-and-Rute.0t9loriaa AdmimstrafiVe Code, you are hereby notified that the state-owned land described in the attached legal description is currently being evaluated for sale, lease, or sublease. Section 253.034(15), Florida Statutes, requires that before a building or parcel of land is offered for lease, sublease, or sale to a local or federal unit of government or a private party, it shall first be offered for lease to state agencies and state universities, with priority consideration given to state universities. State universities and state agencies with the statutory authority to hold title to real property may, in the alternative, purchase this state-owned parcel after the county and other unit of local government in which the land is located have expressed no interest in purchasing this property, and may contact our office for additional information including the conditions of sale. In order to assist the Division of State Lands, the Acquisition and Restoration Council (ARC) and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in determining the highest and best use for this parcel of land, please evaluate whether you have any interest in the property. You should also evaluate, consistent with your jurisdictional authority and responsibility, whether there are any public benefits in retaining state ownership of this property. Please complete and return the attached questionnaire to this office within forty-five days of receipt of this notice and refer to the respective inventory number when making comments about a particular parcel. Failure to respond within forty-five days of receipt of this notice will indicate that you have no interest in this parcel. Location maps have been attached for your convenience. Ifyou should have any questions about leasing, please contact Joseph Duncan with the Bureau of Public Land Administration, at (850) 245-2555. If you should have any questions about the daily management of facility, please contact Raymond J. Newman, Agency for Persons with Disabilities, at (239) 690-3672. /jd Attachments "More Protection, Less Process" www.dep.statefl us

DATE: TO: Florida Department of Environmental Protection Bureau of Public Land Administration Division of State Lands 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Mail Station #130 Attn: Joseph Duncan SUBJECT: NOTICE OF STATE-OWNED LAND FOR LEASE/SUBLEASE/SALE: Lee County, Sections 7, 8, 18 & 17, Township 44 South, Range 19 East Project 15672 THE STATE SHOULD RETAIN OWNERSHIP BECAUSE: CURRENT AGENCY NEED ENVIRONMENTAL VALUE RECREATIONAL VALUE ARCHAEOLOGICAL SIGNIFICANCE HISTORICAL SIGNIFICANCE NO INTEREST If your agency has a current need for this parcel(s) or recommends that this parcel(s) be retained in state ownership due to its environmental and recreational value or historical and archaeological significance, please provide appropriate documentation and refer to the respective inventory number. (Use additional pages if necessary) Signature Name Title Agency

Lee County Map depicts property being released by Agency for Persons with Disabilities (APD), under lease # 2524, which will become available for lease. N A Lands Available for Lease o 500 1,000 2,000 _-=::::::l_-=======:::j 1 Feet 1rforrMIionhn'l: CSl e-d 01 nuu.. UM Dill $ytmm DSlOl$lMldRtcotds O-J..- Stair Land! GIS Pr..,.obyT.Iwo FWw.o.oI..,"' EnvIf... Pt..don "ois-.lardi fiis-y.l'id... t.andrec:otdii.miippin1s.ction RM225CarfBu*roe 38ClOCom_ Btrwd. T R. 323111 PMnt502S7I FOR ILLUSTRATIVE AND INFORMATIONAL PURPOSES ONLY

Map of Gulf Coast Center (239) 694-2151 Page 1 of 1 Map of Gulf Coast Center (239) 694-2151 Y1\.HoO! -. a --'"-------.----- \rt'""",,--.. W'''hS,-- '" en - l.. WH_I- j Lee Blvd -----"----' ----- 23rd$l SW!Xl m When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Gulf Coast Center 5820 Buckingham Road FoMyerFL33905-7 _ Area Map http://maps.yahoo.comlprint?mvt=m&tp=1&stx=&fcat=&frat=&clat=26.650392&clon=-8... 7/30/2009

Map of Gulf Coast Center (239) 694-2151 Page 1 of 1 Map of Gulf Coast Center (239) 694-2151 oo! Orange R.iver BI l; r Glen Ave Pine Ave. Clover Dr --- 'ir lip" Lu kelt 'f.d xt., "" Itl o 6 9 I.l:J a Buckingharn d Oral'lge R/>;er Rd Carbelly St ' Ca,los Ill' St a an I!> Bu<;kinghamRd -< :P» :;-» Billings $l BelroM? $l ;» P rk»il7... Belk;-' :: Rd ::- i%'fr ;;:; St I (\ S\ 3 If 1000 rr ;%... 0'" '0 (\\0 I!> entennial Blvd co I:; LOmi <: Q. '" II!> I!> r t: :> When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Gulf Coast Center 5820 Buckingham Road JoerFU3905-7413 ----------------------- Area Map http://maps.yahoo.comlprint?mvt=m&tp=1&stx=&fcat=&frat=&clat=26.653844&clon=-8... 7/30/2009

WIQ'-"$vr... '. T. NO. 2524 EXHIBIT "A" The following described County, Florida: land, lying and being in Lee The Northwest Quarter (NIv 1/4) of the Southeast Quarter (SE 1/4} and the South One-half (S 1/2) of the Southeast Quarter (SE 1/4), Section 7. The South One-half (S 1/2) of the Southwest Quarter (SW 1/4) and the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4} of Se9tion 8. The North 1730 feet of the West Three-Quarters (W 3/4) of Section 17. The orth 1730 feet of e East One-half (E 1/2), Secton 18, all located Township 44 South Range 26 East.- -, Less and except the following: A lot or parcel of land lying the east half (E) of the southwest quarter (S) of the southeast quarter (SE) of Section., Township 4.4 South, Range 26 East, Lee County, Florida, which lot or parcel is described as follows: From the southeast corner of the southwest quarter (SW\) of the southeast quarter (SE) of Section 8, Township 44 South, Range 26 East, run north along the quarter () quarter () Section Line for 441.37 feet to a concrete monument and the Point of Beginning. From said Point of Beginning run west for 200.00 feet to a concrete monument; thence run north for 200.00 feet to a concrete monument; thence run east for 180.90 feet to a concrete monument, said monument being 30 feet west of the centerline of Buckingham Road; thence run south for 53.03 feet; thence run 148.62 feet along the arc of a curve to' the left (said curve having a radius of 575 feet, a central angle of 14 48' 33", and a chord of S 07 24'.17" E for 148.21 feet) to the Point of Beginning. Bearings hereinabove mentioned are derived from a bearing of North on the aforementioned quarter (} quarter (-l-section Line. BSM APPROVED By..l1:L-Date :1/9{J/!I Cj