Legislation Details

File #: 24-0979   
Type: Departmental Status: Passed
In control: Board of County Commissioners
On agenda: 6/4/2024 Final action: 6/4/2024
Title: REQUEST FOR APPROVAL OF A THIRD AMENDMENT TO LEASE BETWEEN MARTIN COUNTY AND PORT SALERNO COMMERCIAL FISHING DOCK AUTHORITY
Attachments: 1. Third Amendment Executed PSCFDA.pdf, 2. 2024-05-15_115059.pdf, 3. 2004 Lease Agreement.pdf, 4. 2006_1st_Amendment_to_Lease.pdf, 5. 2007_2nd_Amendment_to_Lease.pdf, 6. 430032478 DEP-SSLL-PSCFDA exp. 11-1-2027.pdf

PLACEMENT: Departmental

TITLE:

title  

REQUEST FOR APPROVAL OF A THIRD AMENDMENT TO LEASE BETWEEN MARTIN COUNTY AND PORT SALERNO COMMERCIAL FISHING DOCK AUTHORITY

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EXECUTIVE SUMMARY:

executive summary

This is a request for the approval of a Third Amendment to Lease with the Port Salerno Commercial Fishing Dock Authority (PSCFDA), extending the term, clarifying permit requirements for special events and repair and maintenance responsibilities for the lease premises. 

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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.                     Agreement Drafted by:

                     Martin County and PSCFDA

 

2.                     Parties to Agreement:

                     Martin County, Lessor

                     PSCFDA, Lessee

 

3.                     Purpose of Agreement:

                     Amend terms of Lease Agreement

 

4.                     New/Renewal/Modified:

                     New

 

5.                     Duration:

                     Current term expires July 12, 2033, with option to renew for 4 additional 10-year terms

 

6.                     Benefits to Martin County:

                     Update provision of Lease and provide space for operation of historic commercial fishing facility

 

7.                     Cost to Martin County:

                     None

 

On July 13, 2004, the Board and the PSCFDA entered into a Lease for county owned land and dock space along SE Park Drive in Port Salerno.  In 2006, a First Amendment to Lease was approved by the Board with a reduced size of the leased property and lease payments. In 2007, the Lease was further amended by revising the provisions of the Lease for a clear member selection process, maximum of 35 members, advertising and membership criteria.

 

On December 12, 2023, during Commissioner comments, the Board directed staff to work with the PSCFDA to look at their current lease and make appropriate amendments that are satisfactory to both the County Attorney’s office and the PSCFDA. 

 

Staff worked with the PSCFDA, and negotiated, the attached Third Amendment to Lease with the following changes:

 

1.                     PURPOSE - solely and exclusively for providing its members and approved users a commercial fishing dock, fish off-loading facility and weigh station.  Any other uses shall require a “Special Event Permit” or permissions from the County for activities in support of the commercial fishing industry. 

2.                     TERM - current term expires July 12, 2033, and PSCFDA shall have a limited option to renew Lease for 4 additional terms of 10 years each. 

3.                     RENT - agreement to pay annual rent to County in the amount equal to the total annual invoice received from Florida Department of Environmental Protection (FDEP) for the SSLL.

4.                     MAINTENANCE AND REPAIRS - responsibility for all maintenance and repairs.  All necessary repair work must be performed within 30 days of any written notice, which may be extended in the event of a catastrophic occurrence, along with obligation to clean up trash and debris generated from any activities on leased premises. 

5.                     MISCELLANEOUS CONDITIONS - members, guests, employees, agents or other authorized persons are prohibited from dispensing, selling, or giving away any alcoholic beverages or cigarette/tobacco products and that all members and transient non-members must have valid registration. 

 

The PSCFDA Rules and Regulations for Membership have been updated and incorporated as an Exhibit to the Third Amendment to Lease.  

 

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 approve the Third Amendment to Lease between Martin County and Port Salerno Commercial Fishing Dock Authority and authorize the Chairman to execute any and all documents necessary to complete this transaction.

 

ALTERNATIVE RECOMMENDATIONS

Provide staff with alternative 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:    Third Amendment to Lease  

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>.