Subject:
Title
Settlement Agreement with the Florida Department of Environmental Protection and MAK Real Estate Investments, LLC regarding re-surveying the erosion control line, obtaining a United States Army Corps of Engineers compliant easement, and closing the dispute regarding the erosion control line’s location on Sunset Beach in Treasure Island.
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Recommended Action:
Recommended Action
Approval by the County Administrator of the Settlement Agreement with the Florida Department of Environmental Protection (FDEP) and MAK Real Estate Investments, LLC (MAK) regarding re-surveying the Erosion Control Line (ECL), obtaining a United States Army Corps of Engineers (USACE) compliant easement, and closing the dispute regarding the ECL location on Sunset Beach in Treasure Island.
• County will re-survey ECL in accordance with Settlement Agreement at a cost to County of $15,913.80.
• County will prepare easement covering area removed from ECL upon execution of Settlement Agreement.
• FDEP will issue Order Closing File and record adjusted ECL.
• MAK will execute and return easement (completed Exhibit B to Settlement Agreement) within five (5) calendar days of adjusted ECL being recorded.
• County will then record Easement.
• Funding for this agreement is included in the Fiscal Year (FY) 2026 Public Works operating budget and is reimbursable through the Florida Department of Environmental Protection (FDEP).
Body
Strategic Priorities:
Resilient Infrastructure and Environment
1.4. Improve environmental quality
1.5. Strengthen resilience and adaptation
Healthy and Safe Communities
2.2 Enhance community safety
Prosperity and Opportunity
3.2. Provide and promote tourism opportunities
Summary:
The Settlement Agreement allows for re-survey of a portion of the Sunset Beach ECL with the understanding that a USACE compliant easement will be signed for the portion being removed. The dispute over location of the ECL will then be resolved and the ECL will be recorded, followed by the easement being recorded by the County. Upon completion of the survey, FDEP will reimburse the County for the cost to re-survey the property. For reference, Exhibits A and B of the Agreement include examples of a survey and easement. For the purposes of the Settlement Agreement, Exhibit B is not to be signed by the County Administrator. The final Exhibit B (Easement) will be signed by the property owner.
Background/Explanation:
Treasure Island Beach was first nourished in 1969, prior to the establishment of need to survey an ECL. No official ECL has since occurred. To solve this, an ECL that largely follows the preconstruction Mean High Water Line (MHWL) is being set with deviations to account for encroachment of private property beyond the 1968 MHWL. During the public comment period in May 2025, one property chose to dispute the location. This Settlement Agreement resolves that dispute so that the ECL process can continue to move forward and be set. A ECL will be required for all future nourishments.
Fiscal Impact:
Currently Estimated Project Costs:
County $15,913.80
Total $15,913.80
Funding for this agreement is included in the FY26 operating budget and is reimbursable through FDEP.
Delegated Authority:
Authority for the County Administrator to sign this Agreement is granted under Code Section 2-62 (a)(1).
Staff Member Responsible:
Kelli Hammer Levy, Director, Public Works
Partners:
FDEP
Attachments:
Settlement Agreement including Exhibits A & B
Project Location Map