SUBJECT
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Adopt Resolution 2024-12 to Amend Resolutions 2022-12 and 2023-05 Authorizing the Executive Director to Execute and Record Declarations of Restrictive Covenant Pursuant to FDEP Grant Agreements and to Ratify Declarations of Restrictive Covenants Executed Prior to the Amended Resolutions (Action)
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DESCRIPTION
At the September 21, 2022 PRWC Board of Directors meeting, the Board approved Resolution 2022-12 which established a three-tier process for the approval of land and easement acquisition for the Southeast Wellfield Transmission Project. That resolution was updated on March 22, 2023 (Resolution 2023-05) to establish cost approval for attorney and expert fees.
The current process does not take into account requirements of FDEP Grant Agreement LPA0212 (Heartland Grant) which requires the PRWC to record a Declaration of Restrictive Covenant with regards to each recordable property interest acquired by the PRWC. The Restrictive Covenant limits the use of the property or easement acquired to only those uses allowed under the funding agreement (essentially a water transmission pipeline and those related appurtenances) and prevents the transfer of that property/easement to another entity without FDEP approval.
In the Fiscal Year 2023 Independent Auditors Report the auditor identified this issue in his compliance testing (Finding 2023-01) and recommended that the PRWC take action to correct the issue. In discussions with the PRWC land acquisition consultants and eminent domain counsel, staff recommend amending the approved land acquisition process established under Resolutions 2022-12 and 2023-05 to delegate to the Executive Director the authority to execute and record Declarations of Restrictive Covenant to satisfy the grant agreement requirements.
This change can be identified in Resolution 2024-12 with the addition of section 1(d). No other material changes are being requested to the original resolutions as a part of this request.
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