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File #: 3750   
Type: Unfinished Business Status: Agenda Ready
File created: 1/19/2022 In control: Brevard County Board of County Commissioners
On agenda: 1/25/2022 Final action:
Title: Driftwood Expired Escrow Agreement
Driftwood Expired Escrow Agreement
Fiscal Impact:
District 2
Requested Action:
Discussion and Motion
Summary Explanation and Background:
As mentioned during my board report provided at the last duly noticed BOCC meeting, the county's escrow agreement with Driftwood expired on December 31, 2021. At present, we have roughly $65,000 of unspent funds which belong to Driftwood. Without action by the both BOCC and Driftwood, as it now stands, the county is contractually obligated to return these funds.

Representatives of Driftwood have requested that we not return the unspent funds presently in escrow with the county. As such, this item seeks to authorize county staff to negotiate the county retaining any unspent funds for the purpose of applying those funds toward the cost(s) described herein.

This item seeks to authorize staff to seek to negotiate a new escrow agreement with Driftwood in which Driftwood will pay 100% of the costs of having a proposal pertaining to the planned Westin project (located on SR-A1A in Cocoa Beach), which Driftwood is to provide, analyzed for both legal sufficiency and economic impact. No taxpayer dollars (e.g., millage, TDT, etc.) are to be spent in paying for this analysis.

The proposal is to be subject to such analysis by one or more unbiased third parties selected by a selection committee comprised solely of county staff chosen by County Manager Frank Abbate. Driftwood is to have no role in selecting the members of the selection committee.

The County Manager is to bring forth an agenda item seeking BOCC authorization for his selection committee choices as well as a draft of the RFP, itself, for BOCC approval. I intend to support any selectees the County Manager may choose and I would encourage my colleagues to do likewise.

The RFP will not be drafted unless and until staff is in receipt of the proposal to be evaluated. Amendments and/or alterations to the proposal shal...

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