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County Administrator's Report 12. 1.

BCC Regular Meeting

Discussion

Meeting Date:	07/05/2018
Issue: Second Renewal of Lease Agreement with Perdido Bay Tribe of Southeastern Lower Muscogee Creek Indians, Inc.
From:	Chips Kirschenfeld
Department:	Natural Resources
CAO Approval:

RECOMMENDATION:

Recommendation Concerning a Second Renewal of the Lease Agreement between Escambia County and the Perdido Bay Tribe of the Southeastern Lower Muscogee Creek Indians, Inc. - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management

That the Board consider a second renewal of the Lease Agreement with the Perdido Bay Tribe of Southeastern Lower Muscogee Creek Indians, Inc., for the continued operation of a Native American cultural and educational center located at 3300 Beloved Path on County property and, if to be renewed, provide guidance on the duration of the new lease and any modifications to the existing terms.

BACKGROUND:

Escambia County purchased the 4.50-acre parcel located at 3300 Beloved Path (f/k/a 1610 Albany Avenue) in June 2006 for inclusion within the Jones Swamp Wetland Preserve. Funding assistance for the land purchase was provided by Florida Communities Trust (FCT). Property improvements at the time of purchase included a 1,700 ft² single family dwelling and two water features. Restrictive covenants (OR Book 6260, Page 1766) recorded over the property as a condition of the FCT funding limit the future use of the property to conservation, protection and enhancement of natural and historical resources and for compatible passive, natural resource-based public outdoor recreation.

The Board entered into a five-year lease and park management agreement with Perdido Bay Tribe of Southeastern Lower Muscogee Creek Indians, Inc., in July 2008 to operate the facility as a Native American cultural and educational center. Improvements were made to the existing single family dwelling in 2011 to add ADA compliant restrooms and access. The original lease was renewed by the Board in July 2013 for another five-year term. The current lease agreement is set to expire on July 8, 2018.

BUDGETARY IMPACT:

Perdido Bay Tribe of Southeastern Lower Muscogee Creek Indians, Inc., is currently responsible for maintaining the property and paying utilities. These costs would revert to Escambia County if the lease is not renewed.

LEGAL CONSIDERATIONS/SIGN-OFF:

Stephen G. West, Senior Assistant County Attorney, prepared the Renewal Lease Agreement in 2013. A copy of the orignal and renewal lease agreements are attached. Based on the Board's direction, Department of Natural Resources Management staff will coordinate with the County Attorney's Office.

PERSONNEL:

If the Lease Agreement is not renewed, Escambia County will be responsible for maintaining the property.

POLICY/REQUIREMENT FOR BOARD ACTION:

Board Policy II.B.8.

IMPLEMENTATION/COORDINATION:

If the lease is renewed, the Department of Natural Resources Management (NRM) will ensure one fully executed lease is provided to the Clerk’s Office for the record, and one original is provided to the Perdido Bay Tribe. Management of the lease will be coordinated through NRM.

Attachments
PerdidoBayTribe-LeaseAndRenewalAgrmts
BCC ResumePage-07102008
BCC ResumePage-07112013