PLACEMENT: Departmental
TITLE:
title
REQUEST APPROVAL OF A FOURTH AMENDMENT TO LEASE BETWEEN MARTIN COUNTY AND THE PORT SALERNO COMMERCIAL FISHING DOCK AUTHORITY FOR THE USE OF THE HISTORIC COMMERCIAL DOCKING FACILITY IN PORT SALERNO
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EXECUTIVE SUMMARY:
executive summary
This request is for the approval of a Fourth Amendment to Lease with the Port Salerno Commercial Fishing Dock Authority, Inc., a non-profit corporation (PSCFDA), to establish the total number of slips approved by the Board in the previous agenda item. This number supersedes the slip count authorized un the Department of Environmental Protection (DEP) permit and the Sovereignty Submerged Lands Lease (SSLL).
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Port Salerno Commercial Fishing Dock Authority
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Lease drafted by:
Martin County
2. Parties to the Lease:
Martin County - Lessor
Port Salerno Commercial Fishing Doc Authority - Lessee
3. Purpose of the Lease:
Modify number of slips consistent with Board approval on Agenda item 27-0187
4. New/Renewal/Modification:
Modification
5. Duration:
Commence on July 13, 2004, and terminates on July 12, 2033. With limited option to renew for four (4) additional terms of ten (10) years each (consistent with approved Third Amendment).
6. Benefits to Martin County:
Update provisions of Lease and provide space for operation of the historic commercial fishing facility.
7. Cost to Martin County:
None
In July 2004, the Board and PSCFDA entered into a Lease Agreement for County-owned land and dock space along SE Park Drive in Port Salerno.
The First Amendment to Lease was approved by the Board to reduce the size of the leased premises. In 2007, the Board approved the Second Amendment to establish a clear member selection process, set a maximum membership of 35, and establish advertising and membership criteria. In June 2024, the Board approved the Third Amendment to extend the lease term and clarify permitted requirements for special events and responsibilities for repairs and maintenance of the lease premises.
Staff worked with the PSCFDA to negotiate the proposed Fourth Amendment to Lease, which includes revisions to the following provisions:
1. Rent - further clarify the terms and obligations regarding payment of the annual invoice issued by the DEP, including payment of the invoice in its entirety.
2. Improvements - specify the total number of slips authorized for operation of commercial docking facility, including 35 slips reserved exclusively for the Lessor’s members, ____ commercial/transient slips and 10 recreational slips.
3. Buildings, Utilities, Maintenance and Repairs - further clarify the responsibilities and require the lease premises to be maintained in an attractive condition, including the removal of trash and debris generated by the operations.
4. Prohibitions on Assignment and Encumbrances - delete this provision in its entirety, as the applicable restrictions are already addressed in Section 11 of the Lease, which will remain in full force and effect.
5. Miscellaneous Conditions - Delete and replace Paragraphs A, B, G, and J of Section 12 with revised language addressing membership, guests, alcoholic beverages, non-members, recordkeeping requirements for transient non-members, and boardwalk maintenance.
The total number and allocation of slips identified in the Fourth Amendment will be finalized based upon the number of slips designated for approval by the Board in the preceding agenda item.
The County is authorized, pursuant to Section 125.38, Florida Statutes, to lease real property owned by the County to not-for-profit organizations for the purposes that promote community interest and welfare.
ISSUES:
Total number of slips needs to be inserted in the Fourth Amendment before execution by the Board.
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 Fourth Amendment to Lease between Martin County and the Port Salerno Commercial Fishing Dock Authority and authorize the Chair to execute all documents associated with this transaction.
ALTERNATIVE RECOMMENDATIONS
Provide staff with an alternative recommendation.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other: