SUBJECT/RECOMMENDATION:
Title
Approve a Temporary Use Agreement (TPU) BOT No. 502369673 between the City of Clearwater and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, to provide temporary exclusive use of 302 Seminole Street and authorize the appropriate officials to execute same. (consent)
Body
SUMMARY:
In 1967, the City of Clearwater constructed boat ramps at 302 Seminole Street, known as Seminole Docks, with State and Federal financial support. The boat ramps are now damaged and at the end of their useful life, resulting in a portion of the facility being closed for safety reasons. In the course of due diligence to prepare for the repair work, a title issue with State submerged lands was identified by the Florida Department of Environmental Protection (FDEP). City staff has been working diligently with cooperative state officials to resolve the title issue associated with the property. The State has requested that the City enter into a Temporary Use Agreement (TPU) to allow repairs to proceed, while city staff continue to work in collaboration with state officials to resolve the title issue.
There are no direct costs associated with the TPU. The City Council will be presented with review and approval of the specific construction expenditures in the near future. The TPU agreement includes an indemnification clause which is why the agreement must be reviewed and approved by City Council. The City recently concluded litigation involving a claim of ownership to a portion of the property at Seminole Docks wherein the City prevailed. This TPU would require the City to indemnify the State for any claim of injury to, or death of, any person or persons and for loss or damage to any property arising out of or connected with the City’s occupation and use of these lands.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts.