Agenda

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County Attorney's Report 12. 4.

BCC Regular Meeting

Action

Meeting Date:	05/05/2016
Issue: Carver Park Drainage Project - Encroachment Agreement with Gulf South Pipeline Company, LP
From:	Alison Rogers
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Carver Park Drainage Project - Encroachment Agreement with Gulf South Pipeline Company, LP.

That the Board:

A. Authorize the Chairman to execute the Encroachment Agreement with Gulf South Pipeline Company, LP; and

B. Authorize payment of incidental expenses associated with recording the Encroachment Agreement in the public records.

Note there are issues to be addressed by the County Attorney.

BACKGROUND:

Gulf South Pipeline Company, LP (GSP), requires that the County execute its Encroachment Agreement to allow the County to proceed with two projects in the Carver Park area of Cantonment, Florida. The first project for improvements will be from east of CR 297-A to Ransom Street, between Washington and Booker. The engineer has provided a design that would help alleviate the drainage problems between these streets. The outfall to this system will be through a parcel previously acquired from International Paper. The second project for improvements will be along CR 297-A (ECRP to Muscogee). All drainage on the east side of CR 297-A has to be routed through an area occupied by GSP and the improvements for this area will not be completed without the agreement.

BUDGETARY IMPACT:

Funds for incidental expenses associated with the recording of documents are available in the Engineering Escrow Account accessed by the Escambia County Clerk's Office. Funds for other costs are available in Fund 352, LOST III, Cost Center 210107, Object Code 56101, Project # 14EN2605.

LEGAL CONSIDERATIONS/SIGN-OFF:

The County Attorney has not approved the Encroachment Agreement as to form or legal sufficiency. Attempts to negotiate with the attorney representing Gulf South Pipeline Company, LP, (GSP) have been unsuccessful, and GSP has refused to make any significant changes to the form of the Encroachment Agreement. Issues of concern include the following:

1. The Engineering Department has confirmed that gas lines are located in the immediate vicinity of the project. However, GSP does not appear to have a deed or easement in the project area where its gas lines are located. Still, GSP requires that the County acknowledge that GSP has the right to have their gas lines located in the project area.

2. The County would be required to indemnify and hold harmless GSP, provide it with insurance coverage, and pay all of GSP’s costs, including, for example, the cost of a GSP inspector who will oversee the County's construction project.

3. Overall, the Encroachment Agreement requires the County to subordinate its authority and control over its infrastructure to GSP. As such, the County would no longer have the final determination on what is necessary to protect the public, health, safety, and welfare.

PERSONNEL:

All work associated with this request is being done in-house and no additional staff is required.

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Encroachment Agreement