Okaloosa County BOCC — January 21, 2014 — reading text

Woman National Finals competition June 26- 28, 2014 in Mobile, Alabama. I wanted you to be aware of this amazing young woman's accomplishment and ask the Okaloosa County Commissioners to recognize Natalie's honor in an upcoming monthly County Commission meeting. I am certain that she would be thrilled. Carole Lee Byrd is the program Director and is the contact for all Distinguished Young Woman of Okaloosa County events. Her contact number is 205.886.5552 and her email is carolbyrd911@yahoo.com. I am a member of the DYW Team for Okaloosa County and am thrilled to be a part of an organization that acknowledges the positive accomplishments of young woman in our area. The 2014-2015 Distinguished Young Woman program for Okaloosa County is set for July 19th. We would be honored for you to mark your calendars and join us for the third annual event for our County. We look forward to your support.  Thank you for your time and for all that you do for our County. All the Best, Paula Stokes Kelley 850.225.3532 Packet Pg. 460 writedestin@yahoo.com Attached is a photo of Natalie in the 2013 Niceville Christmas Parade - December 7, 2013. Packet Pg. 461  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Destin West Bayside - Residential Marina DEPARTMENT: Growth Management BCC DISTRICT: 2 STATEMENT OF ISSUE: The Growth Management Department has received a request from Mark Siner with Choctaw Engineering on behalf of Destin West Marina to amend the Development Order (DO) for Destin West Bayside to allow construction of a 29-slip, private, multi-family docking structure without fueling facilities, without sewage pump out facility, and without live boards to be used exclusively for the mooring of recreational vessels in conjunction with the existing condominium development. The property is currently zoned B-3 (Light Commercial & Concession Area) and the Future Land Use Map (FLUM) designation is Okaloosa Island (OI). The property is located at 1310 Miracle Strip Parkway, Fort Walton Beach, FL. BACKGROUND: The Development Order (DO) for Destin West Bayside was issued on April 23, 2003 with the condition that the commercial marina is not under review at that time. As stated on the Okaloosa Island Covenants & Restrictions, Part G, 5. Building and Other Improvements “No docks, piers, buildings or structures of any kind whatsoever shall be erected, constructed or permitted on any beach or below the high water line on the shore of Santa Rosa Sound or the Gulf of Mexico or any other body of water without written approval of the Board of County Commissioners and appropriate Florida State and US Federal agencies”. On January 14, 2013 a revised site plan was submitted showing a reduction of 63 slips from 92 commercial slips to 29 residential slips. All state and federal permits, including the state submerged lands lease, have been issued for 29-slip private, multi-family docking structures are on file. It should be noted, however, that the USACOE expired on July 12, 2012 and that applicant is in the process of renewing/extending the permit. The Okaloosa Island Leaseholders Architectural Review has reviewed the request on January 9, 2014 and noted that the residential marina is in compliance with the Covenants. OPTIONS: Approve or Disapprove RECOMMENDATIONS: The proposed 29 private residential slips for the existing condominium development is in compliance with the Okaloosa County Comprehensive Plan, Land Development Code and with the Okaloosa Island Covenants & Restrictions. Staff recommends that the Board of County Commissioners approve the request as presented in order to amend the Development Order (DO) for the existing Destin West Bayside condominium development with the condition that County building permits shall not be issued until an updated copy of the USCOE permit authorization has been provided to Growth Management Department. Packet Pg. 462 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 463 Packet Pg. 464 Packet Pg. 465 Packet Pg. 466 Packet Pg. 467 Packet Pg. 468 Packet Pg. 469 Packet Pg. 470 Packet Pg. 471 Packet Pg. 472 Packet Pg. 473 Packet Pg. 474 Packet Pg. 475 Packet Pg. 476 Packet Pg. 477 Packet Pg. 478 Packet Pg. 479 Packet Pg. 480 Packet Pg. 481 Packet Pg. 482 Packet Pg. 483 Packet Pg. 484 Packet Pg. 485 Packet Pg. 486 Packet Pg. 487 Packet Pg. 488 Packet Pg. 489 Packet Pg. 490 Packet Pg. 491 Packet Pg. 492 Packet Pg. 493 Packet Pg. 494 Packet Pg. 495 Packet Pg. 496 Packet Pg. 497 Packet Pg. 498 Packet Pg. 499 Packet Pg. 500 Packet Pg. 501 Packet Pg. 502 Packet Pg. 503 · "';,' Instr # 2737285 BK: 3007 PG :1 070 ,Page 1 of 25 Recorded 10/27/2011 at 08:17 AM , RECORDING : $114.00 RECORDING ARTICLE V: $100.00 DEPUTY CLERK MSMITH DON W . HOWARD.CLERK OF COURTS. OKALOOSA COUNTY. FL This Instrument Prepared By: Athena Baerga Recurring Revenue Section Bureau of Public Land Administration 3900 Conunonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE BOT FILE NO. 460339001 PA NO. 46-0196257-003-DF THIS LEASE is hereby issued by the Board of Trustees of the Intemal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does helcby lease to Destin West Marina, LLC, a Florida limited liability company, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in unsectiona I izecl, Township 02 South, Range £.4 West, in Choctawhatchee Bay, Okaloosa County, containing 25,335 square feet, more or less , as is more particularly described ancl shown on Attachment A, dated September 10, 2010. TO HAVE THE USE OF the hereinabove described premises for a period of 2. years from April 25, 2011, the effective date of this lease. The terms and conditions on and for which this lease is granted are as follows : 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 29-slip clocking facility exclusively to be used for mooring of recreational vessels in conjunction with an upland condominium d~veJopl11ent, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and withou~ liveaboards as defined in paragraph 28 as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection Consolidated Wetland Resource Pertnit No. 46-0 196257-003-DF, dated April 25, 20 II, incorporated herein and made a part of this lease by reference . The construction of the structures described in Attachment A shall be completed within the initial term hereof or within the tirst 5 years of the initial term if the initial term is for a period greater than 5 years. The failme to complete the construction of all authorized structures within this time period shall constitute a material breach ofthe lease causing the lease to automatically terminate upon the expiration of the initial term or 5 years, whichever is sooner, without any right of renewal. All of the foregoing subject to the remainiIlg conditions of this lease. 2 . LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lea se fee of $3,968.00 and 25 percent surcharge, plus sales tax pursuant to Section 212.031, Florida Stahltes, if applicable, within 30 da ys ofPg. Packet rece504 ipt of this fully executed lease. The Lessee further agrees to pay to the Lessor a one-time premium fee of $11,904.12 upon the date of l·p.(~p. ;nt flfthp l11V()l rp ~ nrl nt"in,. tn l'p rp int nfth p fl1lh, Pypr 1l1"p d l p~ l",. p 'Th p ~ nll\1 ""ll fp~ +,,"\1" thp I'P I-,,\"' ~ ;I"I;I"lT ' J""~ I'C' ,....r 1h;c.' l PQc,-,. ,,1"1<:'111 ·, ,: , 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2) above, including the income, as defined in subsection 18-21.003(31), Florida Adminislntive Code, derived directly or indirectly fr0111 the use of sovereignty submerged lands on an annual basis . When six percent (6%) of said ammal income exceeds the base fee or m.i11imum annual fee established pursuant to Rule 18-21.011, Florida Administrative Code, for any lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instnlment or agreement used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no