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PAGE 8 August 15, 2007

THE NEWSCASTER - Nature Coast News

Inglis Lock  - Continued from page 1

Real Estate Today

Know Your Statute of Frauds

for ocean-going barge traffic, but never served in that manner. When operational, it was used

mainly forrecreational boating purposes.

some improvement to the property. The other

The lock is currently not functional and has not been in service since 1999. The

A Guest Commentary by Darryl Diamond

instance is when there is an oral

effects of no maintainance to the Inglis Lock were documented 12 years before the Army

agreement, and both parties

Corp of Engineers (CoE) turned the facility over to state control in 1990. According to the

Real estate agents are not allowed

have fully performed all parts

Inglis Lock, Periodic Inspection Report No. 5 prepared by the Jacksonville District CoE in

to practice law, but they are allowed to assist

of this contract as promised.

August of 1978, the gateswere already experiencing corrosion at that time. The recommended

buyers and sellers with the drawing of the

Some sellers are doing their

de-watering and painting was never performed, and the deterioration of the gates continues.

following three types of contracts. 1.The first

own merchandizing, and may

With maintenance, the Lock was designed to be in operation for 50 years. In order

is a listing agreement, which is a broker's em-

be tempted to try and put to-

to achieve the structure's 50-year design life, the CoE Lock Design and Operating Protocols

ployment contract with a seller. It is the sales

gether their own contract. First, you may what

prescribe ongoing regular maintenance and major maintenance every 12 to 15 years, which

associate's authorization to act on behalf of

to be careful what you agree to orally. Next,

includes dewatering the lock chamber in order to perform a complete overhaul and updating

the seller. 2. A buyer's broker agreement is an

finding a buyer for your property is one part

all mechanical components. However, no maintenance has been performed at the Inglis Lock

employment contract with a buyer that their

of the sale, but please know your contracts,

since construction was completed over 40 years ago.

agent will assist in finding them a home. 3.

or hire a realtor to assist you, or use a lawyer.

According to a lock inspection by URS Bergmann Associates in 2001, the actual

Your agent is also allowed to assist in is fill-

If you come to me with a buyer already lined

lock chamber (monoliths) were in good condition, the gates exhibited paint failure and sig-

ing out is the standard sale and purchase

up, and you are unsure of how to proceed, I

nificant corrosion above and below the waterline, and several mechanical and electrical

contract between a buyer and a seller.

and other local agents will be happy to take

components exhibited varying degrees of deterioration due to corrosion, age, and/or obso-

Another type of contract that ex-

that buyer, put the contact together, and bring

lescence (being obsolete).

ists is the option contract, which is an agree-

the transaction to closing for a reasonable

According to the Inglis Lock Review of 2005, conducted at the request of the

ment to keep open for a specified period of

amount.

Director of the Office of Greenways and Trails, the lock is a safety risk in its current state,

time an offer to sell or lease real property. A

My recent article titled ("YOU ARE

since the downstream doors have been deemed structurally inadequate to serve as a reliable

standardized option contract approved by the

ONLY ON THE 50 YARD LINE") explained

backup system to hold the water pressure of Lake Rousseau, should the upstream doors fail.

Florida board of realtors can be used, or a

all of the many details a realtor will be able to

The upstream lock doors remain in the closed position due to a mechanical malfunction with

more complicated agreement could be writ-

handle for you from contract to closing. Many

the hinging mechanism. The review examined issues relating to maintaining or closing the

ten by an attorney to keep it legal.

of you have read my articles, and have called

lock and addressed five issues - safety, cost, navigability, jurisdiction, and public interest.

There is also something called the

me for help with a problem you have already

The 2005 Inglis Lock Review states, "What happens if nothing is done? According

Statute of frauds which states that all real

gotten into. The better idea is to call myself,

to engineering studies, no immediate threat of mechanical failure appears to exist. There is,

estate contracts that convey an interest in

or your real estate professional before it is

however, a high likelihood that the lock doors will eventually deteriorate to the point where

real property must be in writing and signed

the ninth inning and you are 10 runs down.

Lake Rousseau will drain out through the lock chamber. The following scenarios will happen:

to be enforceable. However there are two

Please call me before you finalize any real

(1) The lock doors will continue to deteriorate slowly, with gradually increasing amounts of

specific instances that the state of Florida

estate agreement. Someone from my real es-

lake water escaping down the canal to the Gulf of Mexico. (2) The lock doors will reach a point

wants you to be aware of, where a contract

tate team is usually available 7 days a week.

of deterioration to fail completely, resulting in immediate release of the remaining lake water.

need not be in writing to be enforceable. An

I'll review your situation at no charge. You

If the lake is at, or near, 27.5 feet above sea level when the lock doors fail completely, such an

oral contract may be enforceable when terms

do not have to go it alone, so call me before

event would rapidly drain the lake causing a flash-flood downstream. Such a flash flood

have been formed and agreed to, and the

you have a problem. I'll see you around the

would be life threatening to humans in its path and would cause considerable damage to the

buyer has paid part of the purchase price,

campus. Darryl Diamond can be reached at

immediate environment, to property and to transportation infrastructure."

and then has either taken possession or made

352-447-4442.

The Office of Greenways and Trails (OGT) received an engineering assessment in

Citrus Community

December 2001 that deemed the lock's downstream doors structurally inadequate to serve as

a reliable backup system to hold the water pressure of Lake Rousseau. The lack of a backup

Food Bank Information

system to the lock's upstream doors presents a safety risk. The installation of de-watering

devices (bulkheads) into Inglis Lock could serve as a temporary backup system. This has

For more information or to apply for assistance, contact the orga-

been performed at Buckman Lock, which is identical to the Inglis Lock and located near

nization at (352) 628-4842. To make a donation, make your check payable

Patatka at the eastern end of Cross Florida Greenway. The cost to transport the bulkheads

to Citrus Community Food Bank and mail to Citrus Community Food Bank,

across the state and install them at the Inglis Lock was estimated at $100,000. However, the

P.O. Box 331, Homosassa, Florida 34487.

OGT has not been funded to repair or replace the lock. Other alternatives and costs given in

this report include fixing the damaged doors and performing the necessary maintenance and

Realty

repairs ($14,000,000 initial cost and a 50-year estimate of $100,000,000); building a new, smaller

(135'x 40'), recreational, vessel-oriented lock ($21,000,000 initial cost and a 50-year estimate

of $85,000,000), or closing and filling the existing lock (a $4,000,000, one-time cost).

Sally Price, Realtor

According to the Inglis Lock Review, only a couple boats per week used the lock

Email: pricesally@yahoo.com

when it was in operation, and only a handful of people attended public meetings held by the

CoE in 2003 regarding the lock. The report also stated that the issue of navigability is in

CELL(352) 302-8556 OFFICE(352) 447-2526

question and must be determined in state and federal courts.

14 Hwy 40 W. Inglis (next to the Inglis Police Dept.)

"As a result of this project, the OIG concludes that the decision to repair, replace, or

close the Inglis Lock must be made after each of the major issues are addressed," the Inglis

LET MY 45 YEARS ON THE NATURE COAST HELP YOU BUY OR

Lock Review stated. "Given the complex inter-relationships of potential actions being con-

SELL YOUR PLACE IN PARADISE!

sidered by multiple agencies regarding the Inglis Lock, Lake Rousseau, and the Withla-

Home in the Hammock ready to move into ..........................$35,000

coochee River vicinity, OGT should consider installing the dewatering bulkheads as a tem-

2 Lots on hill overlooking Lake Rousseau both for.................$68,000

Continued on page 10 - Lock

3/2 Mobile on canal to river, corner lot, large oaks ..............$139,000

Bubba's Fin & Feather

5.75 ac Lot on Hwy 40 High, Dry and Lots of trees ...........$154,900

4/2 Mobile (handicap acces) 1 ac new roof carpet siding.......$79,000

MONDAY - $1.75 Margaritas-ALL DAY

2 lots Peaceful Acres paved street, homes only each ............$23,000

WEDNESDAY - LADIES NIGHT 8 p.m. Until

THURSDAY - DRINK & DROWN NIGHT

WHAT A DEAL!!! 39 60th St Zoned C-1 or residential, this "Tree House"

Off Hwy 40

FRIDAY - KARAOKE with Dianne - 8:00pm until Midnight

custom built 2/2 stilt Cracker style home hidden in woods in the heart of

On Lk. Rousseau

SATURDAY - DJ DANCE 8:00 pm

Yankeetown has real appeal to the nature lover. 2 lots with alley on 2 sides,

B.U.B.B.A. Fishing Club membership drive Party

Call 447-2755

fenced natural landscaping (no mowing), built around mighty oak and palm

Saturday 6:30 p.m. to 8:00p.m. Drawing for an Ugly Stick

for info

offer a beautiful setting and affordable living enjoying nature from the screen

with a Shakespeare Combo - Tickets $1 ea. or 6/$65

porches and deck in the trees. Open the 2 glass doors and let the breeze blow

New Hours: M-Thu 12-Close

SUNDAY - LIVE MUSIC 3p.m. until 7 p.m.

thru the wide hall. You will fall in love with this one! $225,000. (appointment

CHAMELEON - Area's Best Party Band

Fri-Sat-Sun 10-Close

Party with the lizard!

only)

www.bubbasfinandfeather.com

BIKER & FAMILY-FRIENDLY

LOOK FOR OUR NEW LOCATION - 14 HWY 40 W INGLIS