PLACEMENT: Consent
TITLE:
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APPROVAL OF TEMPORARY RELIEF WAIVER OF REQUIRED MANDATORY RENT FEES ASSOCIATED WITH LEASES LOCATED ON COUNTY OWNED PROPERTY AFFECTED BY STATE MANDATED COVID-19 RESTRICTIONS ON BUSINESS OPERATIONS
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EXECUTIVE SUMMARY:
executive summary
This is a request that the Board approve a temporary relief waiver of any mandatory rent related fees associated with leases with Martin County on County owned property due to state mandated restrictions on business operations due to the COVID-19 pandemic.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Sarah W. Woods, County Attorney
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
As a result of the COVID-19 pandemic and related state mandated restrictions on business operations, some organizations/non-profits, that were not considered essential pursuant to the Governor’s Executive Orders, were required to shut their doors and lay off employees. They are struggling to deal with the myriad of issues arising from little to no income under their business operations.
Staff has been asked by the Children’s Museum if the County could provide any relief to non-airport Lessees that may be affected by this crisis.
The County currently has 9 Leases (non-airport) that require rent or associated fees above the minimal annual requirement. Most of those organizations are currently functioning at a reduced capacity or pay a percentage of revenue and sales as their required rental payments and are not affected by this request. There are two leases (non-airport) to which the County collects Common Area Maintenance (CAM) fees in addition to rent, which is collected monthly by invoice through the individual County Department.
Staff is recommending that the Board approve a temporary relief waiver, collectively comprising the entire time period, which would include State mandated restrictions of normal business operation.
ISSUES:
The temporary relief request is only for those non-airport Lessees affected by the state mandated restrictions during the time period non-essential businesses are closed in accordance with the Governor’s Executive Orders in response to COVID-19. This waiver of fees would affect the budget of the Department collecting the fees and does not address insurance coverages or any other requirements to which the Lessee is still obligated to pay.
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 temporary relief to Lessees on County owned property who are required to close due to the Governor’s Executive Orders in response to the COVID-19 pandemic, by waiving required rent associated fees during state mandated restrictions on business activities 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 provide staff with alternative recommendation.
FISCAL IMPACT:
RECOMMENDATION
None
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ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
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>.