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Second Appeal Summary
PA ID# 083-00000; Santa Barbara County
DSR ID# N/A; Legal Responsibility for Repairs
Citation: Appeal Brief; Second Appeal; Santa Barbara County; FEMA-1044-DR-CA;PA #083-00000
Cross Reference: No DSR; Debris Removal; Legal Responsibility; Category A
Summary: As a result of the winter storms of 1995, a fence was damaged and three to six feet of debris was deposited at the Santa Barbara County (County) Bowl facility. The facility is leased from the County by the Santa Barbara County Bowl Foundation (Foundation). Originally, the Foundation applied for Federal assistance. However, FEMA determined that the Foundation is not an eligible private-non profit applicant and did not prepare a DSR. Subsequently, the County applied for the same assistance as the applicant. FEMA determined that the County was not legally responsible for the repairs, based on the Management and Lease Agreement between the County and the Foundation, and denied the request. In the first appeal, the County referred to a legal interpretation by its legal counsel which indicated "the ultimate responsibility for the repair of the public-owned facility lies with the County." Additionally, the County indicated it loaned the repair funds to the Foundation, through an amendment to the Lease Agreement, reaffirming their responsibility. The State did not support the appeal. The Regional Director determined that the Foundation had legal responsibility for the repairs and denied the appeal. In the second appeal, the County requests reimbursement of repairs within the Bowl facilities (including repairs to Newton Road). The County reiterates the contention that they have the ultimate responsibility for the Bowl and refers to the correspondence from its legal counsel. The State does not support the second appeal.
- Are the repairs to the Bowl facility the legal responsibility of the County?
- Are the repairs to Newton Road the legal responsibility of the County?
- No. The Management and Lease Agreement clearly establishes that the Foundation, not the County, is responsible for facility repairs and maintenance. Additionally, the County states that it provided a loan to the Foundation to fund the repairs. This further demonstrates that the Foundation is responsible for the repairs.
- No. The lease Agreement contains no exclusions for road repairs. No documentation was provided to indicate that the repairs to Newton Road were outside of the Bowl facility and the County's responsibility.
Rationale: 44 CFR 206.223 (a)(3)