Okaloosa County BOCC — February 18, 2014 — Action Item Printout

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Request to Extend Construction Requirement from Emerald Coast Wildlife Refuge DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: On December 5, 2012, the Board of County Commissioners entered into a lease (#L12-0396-PW) with the Emerald Coast Wildlife Refuge (ECWR) for a +/- 3.6 acre parcel of land located on Okaloosa Island. The term of the lease was for 20 years and conveyed the right to the ECWR to construct certain facilities associated with the care and rehabilitation of a variety of animals. The ECWR is petitioning the Board to extend a specific requirement contained in the lease. BACKGROUND: On January 28, 2014, staff received a letter from the Board President of the ECWR requesting BCC consideration for a 12-month extension to a lease requirement related to construction completion (letter attached). Section 26 of lease #L12-0396-PW related to Construction states that the Lessee agrees to commence construction within 120 days of receiving a Development Order and that construction shall be completed within a 2-year period from the date of execution of the lease. This provision would require completion of all construction by December 5, 2014. Due to delays associated with site access and utilities, the ECWR is requesting that the construction completion requirement be extended to December 5, 2015. The extension would grant the ECWR the time necessary to complete their proposed site plan and submit for a development order. Recently, the ECWR received an Impact 100 grant which allowed for the purchase of two structures to be installed as part of their initial development of the parcel. The ECWR is making significant strides in their effort to develop the leased parcel and staff has no objections to approving the request for a 12-month extension. OPTIONS: Approve/Disapprove the Emerald Coast Wildlife Refuge’s request for a 12-month extension to the lease provision requiring construction completion within a 2-year period. RECOMMENDATIONS: Staff requests Board approval to extend the terms of Section 26 of lease #L12-0396-PW for a 12-month period ending on December 5, 2015, as requested by the Emerald Coast Wildlife Refuge. Granting this extension will allow the ECWR sufficient time to secure necessary permits and construct a facility consistent with the terms of the previously referenced lease with Okaloosa County. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator