PLACEMENT: Departmental
TITLE:
title
APPROVE AN OPTION TO LEASE AND PUBLIC PURPOSE LEASE AGREEMENT WITH THE MARTIN COUNTY FAIR ASSOCIATION, INC.
end
EXECUTIVE SUMMARY:
executive summary
This is a request to approve an Option to Lease and Public Purpose Lease Agreement between the Martin County Fair Association, Inc. (Fair) and Martin County Board of County Commissioners (Board) for the purpose of hosting the Martin County Fair and other public fair or exposition events on property located at SW Citrus Boulevard.
body
DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: George Stokus, Assistant County Administrator
PRESET: 9:30 AM
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Option to Lease Prepared By: Martin County
2. Parties to the Option to Lease: Martin County Fair Association, Inc., Lessee
Parties to the Public Purpose Lease: Martin County, Lessor
3. Purpose of the Option to Lease: To allow for the hosting of the Martin County Fair and
Purpose of the Public Purpose Lease: other public fair or exposition events.
4. New/Renewal/Modified: New
5. Duration - Option to Lease November 16, 2020
Duration - Public Purpose Lease Fifty (50) years from date of execution
6. Benefits to Martin County: Hosting of the Martin County Fair and other public
fair or exposition events.
7. Cost to Martin County: Unknown
At its January 8, 2019 meeting, the Board approved entering into an Option to Lease with the Fair to relocate the Fair to the 107-acre site on SW Citrus Boulevard (the Property) and entering into a Public Purpose Lease with the Fair upon satisfaction of the conditions of the Option to Lease. As directed, staff has obtained written consent from the South Florida Water Management District (SFWMD) and the United States Department of the Army regarding the Lease; although the SFWMD has reserved its right to provide further comment as the project develops.
The Board adopted Resolutions (19-1.6 and 19-1.7) initiating Comprehensive Plan Amendments to allow for the proposed additional driveways and the extension of utilities to the Property. The Town of Jupiter Island challenged the Comprehensive Plan Amendment for extension of utilities. On November 15, 2019, the Town and the County entered into a Joint Stipulation of Settlement and Dismissal; and the Division of Administrative Hearings issued an Order Closing File on November 19, 2019, which allows for the Option to Lease to proceed.
The Option to Lease grants the Fair use of the Property to perform site inspections and planning and design activities and requires timely satisfaction of several conditions. Upon satisfaction of the conditions in the Option to Lease, the Fair may “exercise the option” and immediately enter into the agreed upon Public Purpose Lease Agreement (Exhibit B to the Option to Lease). As directed by the Board, the Option to Lease must be exercised by the Fair by 5:00 PM on November 16, 2020.
Pursuant to Section 616.11, Florida Statutes, the County is authorized to contract with any fair association operating within the County. The Public Purpose Lease Agreement has a term of fifty (50) years for the consideration of One Dollar ($1.00) per year. The terms of the Public Purpose Lease have been negotiated by staff and the Fair. The Public Purpose Lease will automatically be entered into and executed by the parties when the Option to Lease is exercised by the Fair. Pursuant to the terms of the Option to Lease, the Public Purpose Lease will be executed as currently drafted and will not come back to the Board. Therefore, the Resolution approving the Public Purpose Lease Agreement, contingent on satisfaction of the requirements of the Option to Lease, is presented for adoption.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board:
1. approve the Option to Lease
2. adopt a Resolution approving the Public Purpose Lease Agreement upon satisfaction of all requirements in the Option to Lease; and
3. authorize the Chairman to execute any and all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Direct staff with an alternate recommendation.
FISCAL IMPACT:
RECOMMENDATION
Unknown at this time
|
Funding Source |
County Funds |
Non-County Funds |
|
|
|
|
|
|
|
|
|
|
|
|
|
Subtotal |
|
|
|
Project Total |
|
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.