PLACEMENT: Consent
TITLE:
title
APPROVAL OF A SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL AND MODIFICATION BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, 2 GPS INC. AND MARTIN COUNTY
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EXECUTIVE SUMMARY:
executive summary
Request for approval of a Sovereignty Submerged Lands Lease Renewal and Modification between the Board of Trustees of the Internal Improvement Trust Fund (TIITF), 2 GPS, Inc. (2 GPS) and Martin County to (i) change the description of use, (ii) increase the square footage of the leased area and (iii) reflect upland ownership change for the submerged lands structures, including the public boat dockage and boardwalk area in Port Salerno.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Florida Department of Environmental Protection
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Lease drafted by:
Florida Department of Environmental Protection
Division of State Lands
2. Parties to the Lease:
Lessor - TIITF
Lessees - 2 GPS, Inc. and Martin County
3. Purpose of the Lease:
Extension and modification of the current lease for the public boat dockage and boardwalk
4. New/Renewal/Modification
Renewal and Modification
5. Duration:
5 years (May 25, 2024, through May 25, 2029)
6. Benefits to Martin County:
Public use of public boat dockage and boardwalk
7. Cost to Martin County:
None (2 GPS will pay all fees associated with the SSLL)
In 2010, the County, TIITF, and Red Sky, Inc. (Red Sky) entered into a Sovereignty Submerged Lands Lease (SSLL) Agreement No. 430125408 for a five-year term ending May 25, 2014. This SSLL was subsequently renewed for successive five-year terms, with the most recent renewal expiring on May 25, 2024. Red Sky is the owner of the upland parcel located at 4290 SE Salerno Road in Stuart and holds the associated riparian rights.
As part of the renewal review process, the Florida Department of Environmental Protection (DEP) inspected the site and reviewed the private Lease Agreement between Red Sky and its long-term tenant, 2 GPS. DEP determined that because the lease agreement conveys sufficient use of the shoreline area abutting the sovereign submerged lands, including associated riparian rights, 2 GPS should be added as co-lessee with Martin County under the SSLL.
During the inspection process, 2 GPS also requested DEP approval to allow open-air dining within portions of the leased area. Even though it is DEP’s responsibility to approve 2 GPS’s request for open-air dining within the area of the SSLL, DEP requested a meeting with County staff from the Engineering and Growth Management Departments to review the survey and site plan, and all confirmed that the proposed dining area would not interfere with the public access requirements for the boardwalk and public boat dockage area. DEP subsequently approved the requested modification.
Accordingly, DEP has proposed a Sovereignty Submerged Lands Lease Renewal and Modification to revise the description of use, increase the leased area, and reflect the addition of 2 GPS as a co-lessee. The proposed lease term is five years, from May 25, 2024, through May 25, 2029.
Co-Lessee, 2 GPS, has reviewed and executed the SSLL renewal. Upon approval by the Board of County Commissioners, the SSLL will be forwarded to DEP for final execution.
Provided the co-lessee remains in compliance with the terms and conditions of the SSLL, DEP will initiate the renewal process prior to the lease expiration date of May 25, 2029.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, and staff have identified and addressed legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the Sovereignty Submerged Lands Lease Renewal and Modification between the Board of Trustees of the Internal Improvement Trust Fund, 2 GPS, Inc. and Martin County, and authorize the Chair to execute all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with an alternative recommendation.
FISCAL IMPACT:
RECOMMENDATION
None - County
2 GPS, Inc. is responsible for paying all fees associated with the SSLL.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☒Other: Sovereignty Submerged Lands Lease Renewal and Modification