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File #: 25-0983    Version: 1
Type: Attorneys Matters Status: Agenda Ready
File created: 10/1/2025 In control: Board of County Commissioners
On agenda: 10/21/2025 Final action: 10/21/2025
Title: Sale of Property at 8811 Highway A1A to Sea Oaks Property Owners Association, Inc.
Attachments: 1. Vacant Land Contract, 2. Addendum 1 to Vacant Land Contract
Related files: 24-0488, 25-0798, 20-2012, 21-0937

TO:                                                    Board of County Commissioners

 

THROUGH:                                          John A. Titkanich, Jr., County Administrator

 

THROUGH:                                          Jennifer W. Shuler, County Attorney

 

FROM:                                          Christopher A. Hicks, Assistant County Attorney

 

DATE:                                          October 13, 2025

 

SUBJECT:                                          Sale of Property at 8811 Highway A1A to Sea Oaks Property Owners Association, Inc.

__________________________________________________________________

 

BACKGROUND

In 1988 Indian River County purchased 2.41 acres of property from the developer of Sea Oaks that contained a wastewater treatment facility for $3.1 million. The County operated the wastewater facility until it no longer became useful as services were provided from more centralized locations. Sea Oaks currently leases space on the County’s land for maintenance and office buildings. The County entered a lease with Verizon Wireless in 2007 to use a portion of the land to construct a cell tower and associated equipment, which now includes multiple carriers. This is the only wireless tower on the northern barrier island. The current lease, if not renewed, would expire in 2032. However, Verizon and the other carriers would undoubtedly renew as this being the only tower makes the site very lucrative to them.

Because the land was no longer useful to the County for utility purposes, upon the request of Sea Oaks, through its attorney, Bruce Barkett, the BOCC declared the land surplus on June 18, 2024. The Board further directed staff to negotiate with Sea Oaks for a potential sale of the property.  There are structures related to the wastewater treatment facility present on the site. Sea Oaks presented its offer in August of 2024. This offer was for the appraised value of $1.2 million and included deductions for site work to remove the existing structures, bringing the offer down to a price of $852,749.  The appraisal excluded the tower as an asset and the offer included contract language that the wireless tower would be demolished after the expiration of the lease in 2032.

The County completed its own appraisal in October that valued the property (also without the tower) at $1.8 million. Sea Oaks noted several items that it believed were deficient in the County’s appraisal. The parties met in January of 2025 to discuss the matter, and Sea Oaks presented a new offer of $859,700.  Staff informed Sea Oaks that any sale would be contingent upon either a 99-year or perpetual easement of the tower lease property, both to make sure that the taxpayers are receiving maximum benefit from their investment and that the residents of the barrier island have adequate access to wireless coverage for emergencies and basic communication. At this meeting County staff agreed in principle to recommend the Sea Oaks offer to the Board contingent upon the easement and a few other terms.

The sale of the easement for the tower site was complete in early September 2025 to Wireless Edge, Inc. The County is now ready to move forward with the sale of the remaining surplus property to Sea Oaks Property Owners Association, Inc.

 

ANALYSIS

The property is no longer useful to the County and Sea Oaks is the only adjoining property owner. The price reflects a fair agreement based upon the condition of the site and the work needed to clear the existing structures.

 

BUDGETARY IMPACT

Proceeds received from the sale of the land totaling $859,700 will be deposited into the Utilities/Miscellaneous/Land Sales account 471038-364020.

FUTURE BOARD ACTIONS

There will be further improvements necessary that will be brought before the Board for approval.

 

PREVIOUS BOARD ACTIONS

The Board approved staff negotiating the sale of the property on June 18, 2024

The Board approved the sale of the easement on August 19, 2025.

 

STAFF RECOMMENDATION

Recommended Action

County staff recommends that the Board agree to the sale of the surplus property to Sea Oaks and authorize all steps necessary to complete and close the contract.