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County Administrator's Report 10. 8.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	11/03/2016
Issue: Declaration of Restrictive Covenant Perdido Landfill_Future Northeast Borrow Site
From:	Pat Johnson
Department:	Waste Services
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Perdido Landfill Future Northeast Borrow Site - Patrick T. Johnson, Waste Services Department Director

That the Board take the following action regarding the Perdido Landfill Future Northeast Borrow Site:

A. Approve and Authorize the recording of the Declaration of Restrictive Covenant and Access Easement Agreement required by the Florida Department of Environmental Protection (FDEP) for the Perdido Landfill Future Northeast Borrow Site, located at 13009 Beulah Road, Escambia County, Florida;

B. Provide current Ownership and Encumbrance Reports on the said property to support the Declaration of Restrictive Covenant documents; and

C. Authorize the Chairman to sign the document.

The Florida Department of Environmental Protection (FDEP) has requested that the County provide Ownership and Encumbrance Reports for the County-owned property located at 13009 Beulah Road, Escambia County, Florida, as required documentation for Restrictive Covenants which are to be recorded on the property. The Florida Statute Section 125.411 prohibits the County from warranting its own properties of conveyance.

WARNING: The scope of the County Attorney's review and approval does not include the warranties of title found in Section 8 of the Declaration of Restrictive Covenant and Access Easement Agreement; Section 125.411, Florida Statutes, precludes the County from warranting title or representing any state of facts regarding the same. Purchasing an Ownership and Encumbrance Report, as required by FDEP, would also be contrary to the intent of Section 125.411.

[Funding Source: Fund 401 Solid Waste, Cost Center 230304, Object Code 54901]

BACKGROUND:

Florida Department of Environmental Protection requires financial assurance to secure the proper closing of solid waste management facilities operating in the state of Florida. Rule 62-701.630 Florida Administrative Code (F.A.C.) promulgates financial assurance requirements allowing for a landfill management escrow account as well as the use of on-site soils rather than offsite soils as part of the Facility's final cover, as fill, or for other construction purposes when calculating the Facility's closure costs under certain circumstances including, but not limited to, entering into a legal agreement with the Department of Environmental Protection (FDEP) to ensure that the designated on-site soils will be available and accessible for the benefit of the FDEP, for the proposed closure-related uses. On-site soils are available from property acquired by the Waste Services Enterprise Fund adjacent to the permitted Class-I landfill Perdido site. A Restrictive Covenant will provide for the utilization of on-site soils which will reduce escrow funds concerning Financial Assurance Cost Estimate (FACE) for Section V Landfill expansion per FDEP.

BUDGETARY IMPACT:

Funding for the updated title will be paid from Fund 401 Solid Waste, Cost Center 230304, Object Code 54901.

LEGAL CONSIDERATIONS/SIGN-OFF:

Assistant County Stephen West has reviewed and approved the document for legal form and sufficiency. The scope of the County Attorney's review and approval does not include the warranties of title found in Section 8 of the Declaration of Restrictive Covenant and Access Easement Agreement; Section 125.411, Florida Statutes, precludes the County from warranting title or representing any state of facts regarding the same. Purchasing an ownership and encumbrance report, as required by FDEP, would also be contrary to the intent of Section 125.411.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

Board approval is necessary to complete this requirement.

IMPLEMENTATION/COORDINATION:

Waste Services staff will coordinate implementation tasks and execute any documents needed to complete the project.

Attachments
Declaration of Restrictive Covenant
Exhibit A
Exhibit B
FDEP 62-701.630
Closure Cost Est Form