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Board attorney: 2021 land-donation agreement with Saint Joe likely to end unless renegotiated
Summary
Board attorney told the FSU Lab School governing board that a land-donation agreement executed in May 2021 with Saint Joe imposes conditions the board likely cannot satisfy by the 12/31/2026 deadline; university counsel will be asked to open talks about renegotiation.
The board's attorney briefed the FSU Lab School governing board on a land-donation agreement executed in May 2021 with Saint Joe and said the board likely cannot meet the agreement's conditions by the Dec. 31, 2026 deadline, putting the agreement at risk of termination.
The attorney said the agreement “required this board to undertake and complete a number of conditions, some of them pretty significant on or before 12/31/2026,” and that “to our knowledge, nothing has occurred in furtherance of those conditions.” The attorney added that the agreement appears to require significant involvement by Florida State University but FSU is not a party to the contract.
Why it matters: the parcel across the street that is the subject of the agreement could revert to other uses if the conditions are not met or if Saint Joe chooses not to extend or renegotiate. The board’s ability to satisfy the contract as written appears limited without FSU participation, the attorney said.
Board members discussed options, including asking university counsel to open negotiations with Saint Joe to seek revised terms. The attorney said someone from the university’s general counsel office will reach out to Saint Joe to explore whether an extension or renegotiation is possible; if Saint Joe is unwilling, the attorney said either party has the right to terminate under the agreement’s current language.
Board members raised concerns about the agreement’s practical effects, including how seat allocations tied to the agreement might limit the school’s future flexibility. One board member suggested that, if no renegotiation is possible, letting the agreement “fall” and then pursuing a fresh arrangement with FSU might be preferable.
Next steps: the attorney and the director said they will pursue conversations with FSU general counsel and Saint Joe and report back to the board; no formal vote was taken at the meeting.
