PLACEMENT: Consent
TITLE:
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REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE FUNDING AGREEMENT BETWEEN THE CITY OF STUART AND MARTIN COUNTY REGARDING HANEY CREEK PRESERVE
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EXECUTIVE SUMMARY:
executive summary
The City of Stuart has requested an amendment to the Funding Agreement between the City of Stuart and Martin County (Haney Creek) to remove the requirement that a portion of the Haney Creek parcel be used for commercial purposes and allow the parcel to be used for conservational and recreational purposes.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Elysse A. Elder
Title: County Attorney
REQUESTED BY:
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Agreement drafted by: City of Stuart
2. Parties to the Agreement: Martin County and City of Stuart
3. Purpose: Convert the carve-out parcel in the Haney Creek Preserve from commercial to conservation and recreation.
4. New/Renewal/Modified: Modified
5. Duration: 5 years
6. Benefits to Martin County: To conserve land
7. Cost to Martin County: $0
In 2011, the City and the County jointly purchased approximately 51.4 acres of property for conservation and recreation around Haney Creek known as the Haney Creek Watershed Preserve (Preserve). In the 2011 City - County Funding Agreement, both parties agreed to set aside 1.97 acres of the overall 51.4 acres to be leased by the City for commercial purposes. It was intended that the revenue generated from the commercial lease would pay for the Preserve’s maintenance. The City has not found an acceptable commercial use for the small parcel since 2011. The City would like to abandon the covenant to lease the 1.97 acres for commercial purposes and instead, combine the 1.97 acres into the rest of the Preserve.
To abandon the commercial lease requirement and combine the 1.97 acres in preservation with the adjoining Preserve, the 2011 Funding Agreement needs to be amended. If approved, the City of Stuart will hold a referendum for approval by the taxpayers on August 18, 2026.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine if 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 approve the First Amendment to the Funding Agreement.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide additional direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other: