PLACEMENT: Departmental
TITLE:
title
APPROVAL OF A SOVEREIGNTY SUBMERGED LANDS LEASE MODIFICATION WITH THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (TIITF) FOR THE DOCKING AND LOADING FACILITY ADJACENT TO COUNTY OWNED PROPERTY IN PORT SALERNO
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EXECUTIVE SUMMARY:
executive summary
This request is for approval of a Sovereignty Submerged Lands Lease (SSLL) Modification to (i) add a co-lessee, (ii) reduce the usable sovereignty submerged lands area to 58,893 square feet and (iii) increase the slip count to align with the Environmental Resources Permit (ERP) 43-0126860-004-EI. The SSLL authorizes mooring, loading, offloading and transient vessels. All proposed improvements are within state riparian boundaries adjacent to County-owned property. The Port Salerno Commercial Fishing Dock Authority (PSCFDA) are Co-Lessees, with PSCFDA operating under an upland Lease Agreement with the County. The County Lease supersedes all SSLL-related documents.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Celeda Wallace, Florida Department of Environmental Protection
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Lease drafted by:
State of Florida Department of Environmental Protection (FDEP)
2. Parties to the Lease:
TIITF - Lessor
Martin County and the Port Salerno Commercial Fishing Doc Authority - Lessees
3. Purpose of the Lease:
Modification to previous SSLL- reducing operating area, add co-lessee
4. New/Renewal/Modification:
Modification
5. Duration:
September 9, 2025, through November 1, 2027 (inception Nov. 1, 2022)
6. Benefits to Martin County:
Continued use of riparian space for the operation of a historical commercial docking facility adjacent to County owned property.
7. Cost to Martin County:
Minimal recording fees
In November 2022, the Martin County Board of County Commissioners (“Board”) approved the Florida Department of Environmental Protection (“FDEP”) lease renewal and modification to the SSLL for submerged lands adjacent to County owned property in Port Salerno. This approved SSLL has a 5-year term from November 1, 2022, through November 1, 2027.
At a December 2023 Board meeting, during public comment, the PSCFDA initiated discussions for modification with the US Army Corp of Engineers (USACE). The Board directed staff to work with the PSCFDA to modify the SSLL to allow additional dockage space for improvements. Upon approval of the SSLL modification, the County will work with the PSCFDA to amend its Lease Agreement with the County to reflect the number of slips approved by the Board.
In May 2024, the PFCFDA submitted their application to the USACE for permit modification. The County reviewed and executed the permit applications as the upland property owner.
On November 12, 2024, the Board approved the FDEP SSLL Modification for the 35-slip commercial docking facility, with 10 transient slips, for the mooring of commercial vessels, loading and offloading seafood, and transient slips associated with the adjacent upland County owned parcel.
In late June 2026, FDEP determined that due to the County owning the upland property and the PSCFDA leasing the property from the County, PSCFDA must be Co-Lessee with the County on the SSLL.
This proposed SSLL Modification, executed by the County, authorizes the operation of a 65-slip commercial docking facility, consolidation of the ERP No. 43-0126860-004-EI permit and reduces the sovereign lands footprint to 58,893 sq. ft., which aligns with the County executed permit. Pursuant to the Lease Agreement with the County, PSCFDA will be responsible for all annual lease fees associated with the modified SSLL. PSCFDA also understands that their Lease Agreement with the County supersedes the number of boat slips approved in the SSLL.
Upon approval of the SSLL Modification by the Board, staff will return to the Board with a Fourth Amendment to Lease Agreement between the County and the PSCFDA establishing the total number of slips approved by the Board at this meeting.
ISSUES:
The County’s Lease Agreement with the PSCFDA supersedes the number of dock slips approved under the ERP Permit and the SSLL. Once the Board determines the number of slips authorized under the Lease Agreement, staff will return to the Board with a Fourth Amendment to Lease Agreement between the County and the PSCFDA reflecting the Board’s determination.
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:
a) the Sovereignty Submerged Lands Lease Modification between TIITF, as Lessor, and the Port Salerno Commercial Fishing Doc Authority, Inc., a Florida not-for-profit corporation, and Martin County, as Co-Lessees, reflecting the revised sovereign lands footprint and increased slip count to be consistent with the ERP Permit, with the understanding that the number of slips allowed on the SSLL will not necessarily establish the number of slips authorized under the County Lease Agreement; and
b) authorize staff to work with PSCFDA to prepare a Fourth Amendment to Lease Agreement consistent with the total number of slips established by the Board; and
c) authorize the Chair to execute all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Direct staff with 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: SSLL Modification