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Board of County Commissioners April 22, 2022 Page 2 The license agreements are recorded in the public records and each agreement contains the legal description of the dock/space location as well as the single-family residence that is associated with the dock. If the single-family residence is rented, the tenant is allowed to use the dock and the covenants in the license agreement are to be preserved in the lease. Additionally, no homeowner is allowed to rent the dock/space to third parties; and when the residence sells, the new owner has 90 days from the date of purchase to enter into a similar license agreement or the dock/space and any improvements revert back to the County and made available to the next qualifying person on the waiting list. Presently there are 20 docks/spaces along Calcutta Drive, and there are three different scenarios that presently exist with regard to these docks: grandfathered; indemnity certificate; and license agreement. Grandfathered: There are only 2 remaining docks that are grandfathered. No liability insurance is required, and no fees are collected with Grandfathered docks. When the property transfers, the County policy has been to have the new owners enter into a license agreement, thus we then have liability insurance, annual fees paid, and a much better public record of the dock and its association with the residence. Indemnity Certificate: There is 1 dock that has an indemnification certificate on file (and when the property transfers, the County policy has been to have the new owners enter into a license agreement). Nothing presently is required, except we have the owner's assurance that the County is indemnified. License Agreement: There are 17 docks with license agreements. Docks/spaces under license agreement are required to annually submit the following items: 1. $300,000 liability insurance naming the County as an additional insured (if a dock has been constructed) 2. $100.00 annual license fee plus the applicable sales tax There is a long waiting list of residents within the Country Club Pointe subdivision who desire a dock and who do not have their own riparian rights to canal frontage. The monitoring of these docks has proven to be a very time-consuming process and staff is constantly being challenged by several issues from the residents not timely paying, not having the proper insurance, not pulling permits when they repair their docks, disgruntled subdivision residents who complain about docks in disrepair in an attempt to obtain a dock for themselves; realtors who inquire about the docks; title companies and closing agents not giving timely notice of a scheduled closing. There has been strife in the Country Club Pointe subdivision about the policy of allowing the license agreements to transfer to the new purchaser of a home associated with a dock instead of having the dock go to the next person on the waiting list. Although a new transfer policy would open up opportunities to more residents within the Country Club Pointe subdivision, current property owners with docks may be upset, and potential have legal claims against the County, that they will no longer have the ability to make such transfers. 122