PLACEMENT: Consent
TITLE:
title
APPROVAL OF A SOVEREIGNTY SUBMERGED LANDS LEASE MODIFICATION WITH THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (TIITF) FOR THE PORT SALERNO COMMERCIAL FISHERMEN DOCKING AND LOADING FACILITY ON COUNTY OWNED PROPERTY
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EXECUTIVE SUMMARY:
executive summary
Request approval of a Sovereignty Submerged Lands Lease (SSLL) Modification to increase square footage and stay within the boundary of the riparian line, to operate a 39-slip commercial docking facility for mooring of commercial vessels for loading and offloading seafood, on County owned property, utilized by the Port Salerno Commercial Fishing Dock Authority (PSCFDA).
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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 - Lessee
3. Purpose of the Lease:
Modification of SSLL
4. New/Renewal/Modification:
Modification
5. Duration:
Through November 1, 2027
6. Benefits to Martin County:
Continued use of riparian space for the operation of a 39-slip commercial docking facility on County owned property.
7. Cost to Martin County:
Minimal recording fees
In November 2022, the Board approved the FDEP renewal and modification to the SSLL for county owned property. This SSLL has a 5-year term from November 1, 2022, through November 1, 2027.
In December 2023, during public comment, the PSCFDA requested an amendment to their Lease with the County, along with discussions for modification plans of their permit for dock reconfiguration with the Army Corp. The Board directed staff to work with the PSCFDA to look at the current Lease Agreement and return with an Amendment to the Lease.
In May 2024, the PSCFDA submitted their application for modification to the Army Corp. permit and the County reviewed and executed the permit as landowner. On June 4, 2024, staff returned with, and the Board approved, a Third Amendment to the Lease between Martin County and the PSCFDA.
With the approval of the Third Amendment to Lease Agreement and review/execution of the Army Corp. permit, all that remained was to obtain a modified SSLL for their fishing docks to remain within the riparian lines. Staff received the FDEP approved SSLL Modification, which has the same expiration date, as previously approved, of November 1, 2027, for a 39-slip commercial docking facility to be used exclusively for the mooring of commercial vessels for loading and offloading seafood in conjunction with an upland vacant county owned parcel, without fueling facilities and approval of the FDEP Resource Permit No. 43-0126860-004-EI, dated May 13, 2024, which is attached to the SSLL.
On October 2, 2024, the County received the annual invoice for payment of the SSLL in the amount of $12,214.41, which is the responsibility of and being paid by the PSCFDA. With approval of this modification there may be additional charges to which the PSCFDA will be responsible for paying.
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 Sovereignty Submerged Lands Lease Modification between TIITF and Martin County for the reconfiguration of dock and continued operation and maintenance of the facility and authorize the Chairman to execute any and all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
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