PLACEMENT: Departmental
TITLE:
title
APPROVE FACILITY USE AGREEMENT FOR UPLAND SINGLE OCCUPANCY RESTROOM BETWEEN MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS AND PORT SALERNO COMMERCIAL FISHING DOCK AUTHORITY
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EXECUTIVE SUMMARY:
executive summary
This agenda item seeks Board of County Commissioner’s approval to enter into a Facility Use Agreement between the County and the Port Salerno Commercial Fishing Dock Authority. The purpose of the agreement is to allow the Dock Authority to utilize a designated one-room restroom in the upland facilities building, and the agreement sets forth the duties, responsibilities, and rights of termination.
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DEPARTMENT: Administration
PREPARED BY: Name: George Stokus
Title: Assistant County Administrator
REQUESTED BY: Administration
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The Legislature recognizes and desires support of commercial and recreational fishing finding that such acts “constitute activities of statewide importance and that the continuation of commercial and recreational fishing will benefit the health and welfare of the people of this state.” Section 379.2351, Fla. Stat.
For over 20 years, the Port Salerno Commercial Fishing Dock Authority has leased land, for payment, from the County along SE Park Drive in Manatee Park in furtherance of commercial fishing. The lease is set to expire in 2033 and has four additional ten-year renewals. This Use Agreement is not an amendment to the lease; but compliments the purpose of the lease.
As there are no restrooms located in the leased area, the Dock Authority has placed portable toilets adjacent to the public road. Within the last year, the County completed the mooring field upland facility located in Manatee Pocket, which is within walking distance from the Dock Authority. This upland facility provides registered guests of the County’s mooring field with showers, restroom, and laundry facilities. In addition to the amenities contained in this stand-alone building, there is a separate single occupancy restroom which contains one toilet and one sink.
This Use Agreement allows for the Dock Authority to utilize the single restroom only; by doing so, the Dock Authority will remove its portable toilets from the leased land. The removal of the portable toilets will create a more aesthetically pleasing view to the public, provide enhanced sanitary conditions, and supports the commercial fishing aspect.
1. Agreement drafted by:
Martin County and Port Salerno Commercial Fishing Dock Authority
2. Parties to the Agreement:
Martin County and Port Salerno Commercial Fishing Dock Authority
3. Purpose of the Agreement:
To allow access to the upland facility by the Dock Authority
4. New/Renewal/Modified:
New
5. Duration:
1 year, with continuous 1-year renewals. Either party may terminate without cause upon 90 days’ notice
6. Benefits to Martin County:
More sanitary environment, support commercial fishing as required by law, aesthetics to the community
7. Cost to Martin County:
Janitorial cleaning; Dock Authority is responsible for any damage
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, and legal staff have identified legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the proposed Use Agreement and authorize the County Administrator to execute all necessary documents to effectuate same.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
|
Funding Source |
County Funds |
Non-County Funds |
|
Parks and Recreation |
$5,340 |
|
|
Subtotal |
|
|
|
Project Total |
$5,340 per year |
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other: