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File #: 21-834A    Version: 1
Type: Contract/Agreement Status: Passed
File created: 4/20/2021 Department: Public Works
On agenda: 7/13/2021 Final action: 7/13/2021
Title: Brownfield Site Rehabilitation Agreement with the Florida Department of Environmental Protection for the former Baypointe Golf Course Brownfield site.
Attachments: 1. FE_Agreement - Brownfield Site, 2. PE_AGREEMENT - BROWNFIELD SITE, 3. Agreement, 4. Resolution 21-2, 5. Project Location Map, 6. Resolution 06-70
Related files: 20-2172A, 20-2121A

Subject:

Title

Brownfield Site Rehabilitation Agreement with the Florida Department of Environmental Protection for the former Baypointe Golf Course Brownfield site.

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Recommended Action:

Recommended Action

Approval of the Brownfield Site Rehabilitation Agreement (BSRA) with the Florida Department of Environmental Protection for the former Baypointe Golf Course Brownfield site.

 

                     The County will conduct site rehabilitation on contaminated areas within the former Baypointe Golf Course Brownfield site.

                     The former Baypointe Golf Course was designated a Brownfield site on January 12, 2021, per Resolution 21-2.

                     The BSRA allows the County to receive tax credit incentives providing reimbursement of certain costs associated with site rehabilitation.

 

Maximum amount up to $500,000.00 in tax credits annually; authorize the Chairman to sign and the Clerk of the Circuit Court to attest.

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Strategic Plan:

Practice Superior Environmental Stewardship
3.3 Protect and improve the quality of our water, air, and other natural resources

Deliver First Class Service to the Public and Our Customers
5.2 Be responsible stewards of the public’s resources

 

Summary:

Summary

Execution of the BSRA is the final administrative step toward site rehabilitation, which allows the County to gain access to Florida Brownfield Program incentives. The incentives are in the form of Voluntary Cleanup Tax Credit (VCTC), which provides reimbursement of certain costs associated with Brownfield rehabilitation. The BSRA also provides a schedule for rehabilitation and a framework for reporting and documenting progress.

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Background Information:

In February 2020, the County purchased the former Baypointe Golf Course. The site encompasses 40.1275 acres and is located on Commodore Drive in Seminole. On January 12, 2021, the County adopted Resolution 21-2 designating the former Baypointe Golf Course as a Brownfield site. Through site rehabilitation, the County can preserve greenspace and assist with regional water quality goals.

Section 9 of the Agreement regarding Indemnification has been revised.  FDEP has modified this provision to provide that each party is liable for its own negligence. Per Resolution 06-70, the County generally does not indemnify other parties.

 

Fiscal Impact:

The Brownfield VCTC incentive provides up to 50% of the cost of site assessment and rehabilitation. This equates to a maximum amount of $500,000.00 annually in the form of corporate tax credits, which can be sold to eligible corporate entities. Sampling, testing, and rehabilitation of the site are budgeted in the Fiscal Year (FY) 2022-2027 Capital Improvement Plan in the FY 2022 Proposed Budget within the Capital Projects Fund, project 003435A Baypointe Stormwater Conservation Area.

 

Staff Member Responsible:

Kelli Hammer Levy, Director, Public Works

 

Partners:

FDEP

 

Attachments:

Agreement
Resolution 21-2
Project Location Map

Resolution 06-70