Subject:
Title
Approval, Re: Option Agreement for Sale and Purchase of the AMC Malabar LLC property through The Conservation Fund - District 3
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Fiscal Impact:
The cost of this acquisition is $2,425,000 ($1,875,000 from Fund 3218, Cost Center 340241 of the Environmentally Endangered Lands (EEL) Program and $550,000 from a grant from The Nature Conservancy).
Dept/Office:
Parks and Recreation EELs Program
Requested Action:
Recommendation
It is requested that the Board of County Commissioners (BOCC):
1. approve the Assignment of Option for Sale and Purchase of the AMC Malabar LLC property;
2. approve and authorize the Chair to sign the attached resolution regarding the real property purchase, the purchase agreement, and execution of a grant agreement with The Nature Conservancy,
3. authorize the Chair to execute the Assignment of Option for Sale and Purchase contingent upon the County Attorney’s review of the title policy and owner’s Beneficial Interest Statement;
4. authorize staff to exercise the Option for Sale and Purchase;
5. authorize the Chair to sign and execute all necessary closing documents upon County Attorney and County Finance approval;
6. approve the acceptance of the Grant Award Agreement from The Nature Conservancy;
7. authorize the Chair to execute all necessary documents for acceptance of the grant funds; and
8. authorize the County Manager to execute all necessary budget amendments (BCRs) or other administrative actions necessary to support this acquisition.
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Summary Explanation and Background:
The subject property is 19.68 +/- acres located on US Highway 1 in the Town of Malabar, directly adjacent to the Jordan Scrub Sanctuary. The property is ranked as a high priority for acquisition by the EEL Selection and Management Committee. As described in the Board-approved EEL Land Acquisition Manual, the property contains habitats that represent Natural Community Groups A & B including scrub, scrubby flatwoods, and mesic flatwoods. The property is 100% uplands and within the Brevard Coastal Scrub Ecosystem State Florida Forever Project and is connected to existing conservation lands. The acquisition of this property will expand the scrub habitat footprint of the Jordan Scrub Sanctuary and directly benefit the Florida Scrub Jay population currently occupying the adjacent conservation lands.
The Board approved Conservation Value Rubric was used to document the general conservation value of the property and it’s benefit to the Indian River Lagoon. Based on the available data, this property, if developed according to its current Future Land Use Designation (RM-6: Multi-family, high-density residential), would contribute an additional 108.25 pounds per year of Total Nitrogen to the Indian River Lagoon which would cost $88,115.50 annually to remove from the lagoon.
EEL Selection and Management Committee (SMC) reviewed and approved the Willing Seller Application submitted by the landowner at their regular monthly meeting on September 17, 2025. The SMC completed its final review and recommended purchasing the property at their regular meeting on September 16, 2026.
A total of three independent appraisals were completed on this property, plus a review of all three results by a fourth appraiser (Pinel & Carpenter inc.). The first two appraisals were conducted by Callaway & Price on 12/10/25 (appraisal amount $2,575,000) and Tuttle Armfield Wagner on 12/17/25 (appraisal amount $1,860,000). Per the Commission approved Environmentally Endangered Lands Program Manual, since the appraised values were more than 20% divergent, a third appraisal was conducted by Property Valuation & Consulting on 3/30/26 (appraisal amount $1,895,000).
An Option Agreement for the purchase of the property was negotiated by The Conservation Fund’s land acquisition staff pursuant to the contract with Brevard County for land acquisition services. The purchase price is $2,425,000. The County’s portion of the purchase price is $1,875,000 with the remainder from the $550,000 grant from The Nature Conservancy. The County’s portion of the purchase price is between the lowest two appraisals.
Initial management costs will include the installation of boundary signs and fire control lines which are estimated to cost under $20,000.
The Town of Malabar has shared its perspective and concerns regarding this acquisition in their attached letter. While the SMC and EEL program deeply respect the Town’s position, this acquisition also presents a unique opportunity to achieve regional conservation goals. We respectfully ask the Board of County Commissioners to balance these local perspectives against the critical, broad-scale benefits of growing our existing conservation areas, safeguarding the scrub-jay habitat, and improving water quality by reducing nitrogen into the lagoon.
Clerk to the Board Instructions:
None