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County Administrator's Report 14. 21.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Resolution Designating Lafitte Cove Canal as a Public Waterway and Accepting Continued Maintenance of the Canal - Joy D. Blackmon, P.E., Public Works Department Director
That the Board adopt and authorize the Chairman to sign the Resolution designating Lafitte Cove Canal as a public waterway and accepting continued maintenance of the Canal.
[Funding Source: Fund 175, Transportation Trust Fund, Cost Center 211602. The County will be reimbursed by the Santa Rosa Island Authority (SRIA)]
On February 21, 1972, the Santa Rosa Island Authority (SRIA) entered into an Agreement to lease certain contiguous parcels of property, described in the recorded Plat of "Lafitte Cove," wherein the lessee was authorized to subdivide and develop said property. The lessee was further authorized to construct a canal within the boundaries of the leased premises provided that the lessee maintain the channel and canal with funds paid into a special Escrow Account held by the SRIA.
With the consent of the SRIA, on December 21, 1990, the lessee later entered into an Assignment of the Master Lease Agreement assigning said rights and obligations to the Lafitte Cove Homeowners' Association (HOA). Thereafter, the HOA was responsible for the continued maintenance of the Canal.
Meeting in regular session on April 18, 2013, the Board of County Commissioners entered into an Interlocal Agreement with the SRIA in which the County agreed to accept the maintenance and dredging of Lafitte Cove Canal. The parties further agreed that, for an annual fee of $65,000, the County would provide the SRIA with all sand dredged from the canal that may be utilized for sand re-nourishment and restoration projects on Santa Rosa Island. The Interlocal Agreement, wherein the County agreed to accept the maintenance of the Canal, may be terminated by either party for any reason upon thirty days written notice.
This Resolution serves to memorialize the County's intent to designate the Lafitte Cove Canal as a public water body and to accept the continued maintenance of the Canal.
If the Board adopts the Resolution, the SRIA shall enter into an Agreement and a corresponding Amendment to the Master Lease Agreement deleting those provisions imposing any obligation upon the lessee or subsequent assigns to maintain the Canal, and the County will bear ultimate responsibility for the continued maintenance of the Canal. The following related documents have been provided: Agreement to Modify Master Lease and Direct Leases, Amendment to Lease Agreement, Cancellation of Assignment of Rights and Obligations Under Lease, and Amendment to Residential Lease Agreements for Lafitte Cove Unit Two. |
| BACKGROUND: |
On February 21, 1972, the Santa Rosa Island Authority (SRIA) entered into an agreement to lease certain contiguous parcels of property, described in the recorded plat of "Lafitte Cove," wherein the lessee was authorized to subdivide and develop said property. The lessee was further authorized to construct a canal within the boundaries of the leased premises provided that the lessee maintain the channel and canal with funds paid into a special escrow account held by the SRIA.
With the consent of the SRIA, on December 21, 1990, the lessee later entered into an Assignment of the Master Lease Agreement assigning said rights and obligations to the Lafitte Cove Homeowners' Association. Thereafter, the HOA was responsible for the continued maintenance of the Canal.
Meeting in regular session on April 18, 2013, the Board of County Commissioners entered into an Interlocal Agreement with the SRIA in which the County agreed to accept the maintenance and dredging of Lafitte Cove Canal. The parties further agreed that, for an annual fee of $65,000, the County would provide the SRIA with all sand dredged from the canal that may be utilized for sand re-nourishment and restoration projects on Santa Rosa Island. The Interlocal Agreement, wherein the County agreed to accept the maintenance of the Canal, may be terminated by either party for any reason upon thirty days written notice.
This resolution serves to memorialize the County's intent to designate the Lafitte Cove Canal as a public water body and to accept the coninued maintenance of the Canal.
If the Board adopts the Resolution, the SRIA shall enter into an agreement and a corresponding amendment to the master lease agreement deleting those provisions imposing any obligation upon the lessee or subsequent assigns to maintain the Canal, and the County will bear ultimate responsibility for the continued maintenance of the Canal. The following related documents are attached hereto: Agreement to Modify Master Lease and Direct Leases; Amendment to Lease Agreement; Cancellation of Assignment of Rights; and Amendment to Residential Lease Agreements for Lafitte Cove Unit Two. |
| BUDGETARY IMPACT: |
| Funding Source: Fund 175, Transportation Trust Fund, Cost Center 211602. The County will be reimbursed by the SRIA. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| This Resolution was prepared and approved by Assistant County Attorney Kristin D. Hual. |
| PERSONNEL: |
| N/A |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| N/A |
| IMPLEMENTATION/COORDINATION: |
| N/A |
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