SUBJECT/RECOMMENDATION:
Title
Accept a boardwalk easement from NESC, LLC for the purpose of maintenance and general public use of a public boardwalk on real property located at 443 East Shore Drive and adopt Resolution 21-08.
Body
SUMMARY:
The City entered into a Development Agreement (Agreement) with a developer of the 443 East Shore site in 2012, but the development never commenced. As the successor to the original developer, NESC, LLC, and the City entered an amended agreement for the 443 East Shore site on January 22, 2018.
The Agreement contemplates that NESC, LLC, will construct a boardwalk and permit the public to use the boardwalk and new sidewalk at the north end of the proposed boardwalk, to connect the boardwalk to East Shore Drive. The south end of the boardwalk will connect to the city-owned Papaya Street Plaza.
The City and NESC agreed to the terms of the boardwalk easement where the general daily and regular upkeep and maintenance of the boardwalk shall be the duty and responsibility of the City. All structural upkeep, maintenance, and replacement of the boardwalk shall be the duty and responsibility of the developer, NESC, LLC.
Staff recommends acceptance of the easement.