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HomeMy WebLinkAboutAgenda Packet 02.18.2014T. ® I I COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY Regular Meeting Tuesday, February, 18, 2014 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 COUNTY COMMISSION MEMBERS District No. 4 Chair FRANNIE HUTCHINSON District No. 3 Vice -Chair PAULA A. LEWIS District No. 1 CHRIS DZADOVSKY District No. 2 TOD MOWERY District No. 5 KIM JOHNSON Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 212412014 1:51 PM Regular Meeting Tuesday, February 18, 2014 9:00 AM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allocated at the beginning of each meeting for the general public comment. Please limit comments to three minutes. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 2 1 P a g E Regular Meeting Tuesday, February 18, 2014 9:00 AM I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL 1. Board of County Commissioners minutes for the meeting of Tuesday, February 04, 2014 2. Resolution 2014-21 - Recognizing the 125th Anniversary of Florida Public Health in St. Lucie County, Florida. V. PRESENTATIONS VI. GENERAL PUBLIC COMMENT VII. CONSENT AGENDA A. WARRANTS 1. Warrant List No. 18 2. Warrant List No. 19 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Resolution 2014-28 - Facilities Use Agreement - LPMS Jazz Events at Intramodal Center Staff recommends that Board of County Commissioners adopt Resolution No. 14-XX approving the Facilities Use Agreement with Lincoln Park Mainstreet, Inc for use of the Intermodal Transit Center parking lot and three adjacent County owned lots for its Jazz on Moore's Creek events. 2. Revocable License Agreement - Michael and Romilda Cline, 425 SE Verada Avenue - River Park Unit 4 - Parcel ID 3419-530-0047-000-4 Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. and Mrs. Cline to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 31Page Regular Meeting Tuesday, February 18, 2014 9:00 AM 3. Revocable License Agreement, 4507 South Indian River Drive LP, 4507 South Indian River Drive, Parcel 2436-321-0004-000/9 Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct 4507 South Indian River Drive LP to record the document in the Public Records of St. Lucie County, Florida. 4. BOCC Record Destruction Staff recommends the Board approve the destruction of the records as requested. 5. Starseeds Organics, LLC - Lease Agreement 6. POA Acquisitions Corporation - 3rd Amendment to Contract C97-01-122 Board approval of the Contract Amendment with POA Acquisition Corporation and authorization for the Chair to sign documents as prepared by the County Attorney. 7. Resolution 2014-21 - Requesting the State of Florida either require All Aboard Florida to fund the cost of quiet zones at the railroad crossings located within St. Lucie County or provide state funding for the cost of those quiet zones. Staff recommends that the Board of County Commissioners adopt the proposed resolution and authorize the Chair to sign the resolution. D. COMMUNITY SERVICES Down Payment/Closing Cost Assistance Mortgage Satisfaction Board authorization to satisfy a Down Payment/Closing Cost Assistance Mortgage, and for the Chair to sign documents as approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 4 1 P a g e Regular Meeting Tuesday, February 18, 2014 9:00 AM There are no items scheduled. J. PARKS, RECREATION, & FACILITIES 1. Inmate Labor Contract Renewal Board approval of the renewal of the Florida Department of Corrections Inmate Labor contract as outlined in this agenda and authorization for the Chair to sign the documents as approved by the County Attorney. 2. Pepper Park Dock Replacement & Rehabilitation Board approval of Work Authorization No. 8 under Contract #C07-05-258 with Culpepper & Terpening, providing engineering services for the permitting, design and inspection of the repair and rehabilitation of the Pepper Park boardwalk segments and canoe launch facility in the amount of $69,545; as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 3. Additional Funding Request - John B. Parks Regional Park — irrigation wells and Baseball Fields Expansion Project Board approval to allocate an additional $265K of Parks MSTU funding (CIP14-034) in order to proceed with the construction of three additional irrigation wells, abandonment of one floridan well, construction of two baseball fields, and adding stadium seating (baseball field #1) at the John B. Parks Regional Park. 4. Award of Bid No. 14-011 - Construction of Two Baseball Fields at John B. Parks Regional Park Board approval to award Bid No. 14-011 to Tan Construction Services Inc. The lowest responsive and responsible bidder in the amount of $574,945 to construct two baseball fields at the John B. Parks Regional Park, and authorization for the Chairman to sign documents as approved by the County Attorney. K. PLANNING AND DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS There are no items scheduled. N. SHERIFF'S OFFICE 51Page Regular Meeting Tuesday, February 18, 2014 9:00 AM There are no items scheduled. O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. Q. UTILITIES Award Bid No. 14-010 Re -use Treatment Addition to the North County Wastewater Treatment Facility Board approval to award Bid No. 14-010 to the lowest bidder, Summit Construction of Vero Beach, in the amount of $609,800.00 and authorization for the Chair to sign the documents as approved by the County Attorney. VIII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance 2014-8 - Amending Article IV Chapter 1-6 of the Code of Ordinance of St. Lucie County, Florida Entitled "Merchandising of Tobacco Products" to Include E- Cigarettes Staff recommends that the Board of County Commissioners adopt the proposed Ordinance as drafted by the County Attorney. B. PLANNING AND DEVELOPMENT SERVICES- PULLED PRIOR TO THE MEETING IX. REGULAR AGENDA A. ADMINISTRATION Planning & Zoning Commission - At -Large Member Vacancy Staff recommends that the Board vote and appoint one at -large member from the attached applications submitted to fill the one Planning & Zoning Commission at -large vacancy. 6 1 P a g e Regular Meeting Tuesday, February 18, 2014 9:00 AM X. ANNOUNCEMENTS 1. The Board of County Commissioners will hold a Budget Workshop on Tuesday, February 25, 2014, at 2 p.m. in Conference Room 3. 2. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, March 11, 2014 at 9 a..m. in Conference Room #3. XI. MOTION TO ADJOURN 71Page 4.1 S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting February 4, 2014 Convened: 6:01 PM Adjourned: 6:57 PM I. CALL TO ORDER The meeting was called to order at 6:01 PM by District No. 4 Chair Frannie Hutchinson Attendee Name Frannie Hutchinson Title District No. 4 Chair District No. 3 Vice -Chair District No. 1 District No. 2 atus Arrived Present 6:01 PM Paula A. Lewis Present 6:01 PM Chris Dzadovsky Present 6:01 PM Tod Mowery Present Present 6:01 PM 6:01 PM Kim Johnson District No. 5 Faye W. Outlaw County Administrator Present 6:01 PM Daniel S. McIntyre County Attorney Present 6:01 PM Katherine Barbieri Asst. County Attorney Present 6:01 PM Don West Public Works Director Present 6:01 PM Laurie Waldie Utility Director Present 6:01 PM Beth Ryder Community Services Director Present 6:01 PM Tara Raymore Director of Human Resources Present 6:01 PM Karen L. Smith Environmental Resources Department Director Present 6:01 PM Jonathan Putrow Recording Secretary Present 6:01 PM Kelly Phelan Recording Secretary Present 6:01 PM II. INVOCATION Invocation was given by County Administrator Outlaw. J a O IL a z O a a J U O a z a U) w z 2 Generated 211012014 3:44 PM Packet Pg. 8 4.1 BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL Commissioner Hutchinson introduced the approval of the minutes and reading of the proclamations. Minutes were unanimously approved and proclamations 2014 - 10 and 2014 - 19 were read. J Q Commissioner Hutchison asked the Community Relations Specialist from the Treasure p Coast 2-1-1 division, Paige Woodward, to come forward and accept the proclamation. Miss a- Woodward thanked the commissioners and gave a few words about her efforts with 2-1-1. Q She noted other accomplishments such as the creation of a PSA and presented the PSA to 0 the Board. Miss Woodward concluded with another thank you to the commissioners. Q Commissioner Hutchison thanked Miss Woodward for her efforts and spoke a few words J about the appreciation for 2-1-1's effort in the community. Commissioner Hutchison then o introduced the next proclamation. a 0 After the proclamation was read, Commissioner Hutchinson asked the vice president of a the Engineering Society of the Treasure Coast, Dan Cerelic, to come forward and accept w the proclamation. Dan thanked the Commissioners for the proclamation and spoke a few words about the Florida Engineering Society. He spoke about education for engineers and z their contribution to St. Lucie County. He mentioned that engineers needed to be recognized for their accomplishments. a Commissioner Hutchison introduced the addition of the County Medicaid billing item to the agenda. She then opened the floor to presentations. With no presentations seen, Commissioner Hutchison closed the floor to presentations and opened the floor to general public comment. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 1. Board of County Commissioners - BOCC Regular Meeting - Jan 21, 2014 9:00 AM 2. Resolution 2014-10 - Proclaiming February 11 - 17, 2014 as "2-1-1 Awareness Week" in St Lucie County, Florida. 3. Resolution 20124-19 - Proclaiming February 16-22, 2014 as "National Engineers Week" in St. Lucie County, Florida. V. PRESENTATIONS There were no presentations scheduled. 2 1 P a g e Packet Pg. 9 4.1 BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM VI. GENERAL PUBLIC COMMENT Commissioner Hutchinson identified the three minute time frame for public comment. First to speak was Richard Silvestri of 5708 Buchannan Drive Fort Pierce Florida. Mr. Silvestri spoke to the commissioners about a program with Mosquito Control and Coastal Management Services, the Oyster Reef Program, run by Jim Oppenborn. Mr. Silvestri recognized Commissioner Dzadovsky for being out at the Manatee Center and also recognized Patrick Campion who is running for County Commission. He expressed his gratitude for the creation of River Kids Group of St. Lucie County which was started by St. Lucie County residents. He mentioned that it was a good move and continued to speak about needing more children involved with programs such as the Oyster Reef Program. He mentioned it was win -win situation because children learn about the environment and the economy. He concluded by saying that children are the basis of our future. Commissioner Hutchinson thanked Mr. Silvestri about his comments and mentioned that the St. Lucie County School District has many field trips where children go out on boats to discover the treasures of the river. Next to speak was Ralph Jackson of 2318 St. Lucie Boulevard, Fort Pierce Florida. He mentioned that he was present because the Commissioners were the overseers of the County government. He was protesting an unlawful arrest made in his son's yard by Officer Thomas Johnson. He spoke about the nature of the arrest and claimed that it was unlawful. He continued to provide details of the situation and reiterated the fact that it was an unlawful arrest. He repeatedly expressed his discontent with the nature of the arrest and asked the Commissioners to address the situation. Commissioner Mowery spoke to Mr. Jackson about the proper channels to address this issue with. He referred Mr. Jackson to Sheriff Mascara. He also told Mr. Jackson that as the board he has no ability to provide comments to Sheriff Mascara who is a constitutionally elected official. Next to speak was Bonnie Howard of Lakewood Park. She gave a presentation (copies provided to Commissioners and enclosed with these minutes) about wind turbines in the Treasure Coast area and the use of renewable energies. She expressed her sentiment about non-renewable energies and their contribution of devastation to our environment. She mentioned that these energies pollute and undermine humanity's ability to survive. She also cited the dangers of nuclear reactors and their inefficiencies which provide toxic pollution to the areas they function in. She cited that FPL recognizes other sources of energy besides nuclear reactors. She mentioned that she wants to admire humanities great achievements and feel proud of what the County does. She strongly encouraged the County and FPL to continue efforts in utilizing other forms of energy. She again expressed her sentiment of the dangers of nuclear reactors. She concluded by saying she wants clean energy now. Next to speak was John Arena of Fort Pierce. He told the commissioners that in early November he was hit by a car when writing his bicycle. He mentioned that the police report cited the J a 0 a a a z 0 a J 0 0 W (L 0 z a U) w z E 3 1 P a g E Packet Pg. 10 4.1 BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM location of the accident 2 miles from where it actually took place. He spoke a little bit about wind turbines and that a company in Ireland wants to build a wind turbine farm in the Everglades where bird's transit between Canada, United States, and South America. He spoke about large corporations' dependency on consumer gas usage. He spoke about solar electricity and its benefits to the community. He continued by mentioning how clear the shipping channels used to be and how he was once able to see the bottom. He concluded by expressing his feelings about keeping the lagoon clean. Next to speak with Charles Grandy of Hutchison Island. He spoke about a bill that moved through the Florida legislator last year. He mentioned that even though the bad stuff was taken out it was still a bad bill and was passed. He cited TC Palm's interviews with a state assemblyman and that they didn't know how bad the bill actually was. He mentioned that this year we have House Bill 703 which was aimed at taking County and local government responsibilities away and giving them to the state. He continued by saying this bill would replace local elected officials. He said it was incumbent on the commissioners to know what is contained in House Bill 703 and should get in touch with the local delegation to have it stopped before the bill comes up in Tallahassee. He reiterated the fact that it's a really bad bill and is something that should not be passed. He feels that if the County Commissioners read House Bill 703 they will agree with him. Next to speak was Patrick Campion of 6030 Indrio Road. He first spoke about his opposition to House Bill 703 and agreed with Charles Grandy. Patrick wanted to echo what Mr. Silvestri spoke about earlier. He was glad to be a part of the effort and expressed his support for programs like the Oyster Reef Program. Patrick gave gratitude to all those who participated and mentioned he was proud of all the children involved. Commissioner Hutchison closed the floor to public comment. VI I. CONSENT AGENDA Commissioner Hutchinson opened the floor for the consent agenda vote. Before the vote was placed, Commissioner Dzadovsky asked for ratification of his appointment of Lizon Mauer to the Affordable Housing Advisory Committee. Also, Commissioner Johnson asked that the consent agenda include the ratification of committee appointments by placing Peter Tish on the Comprehensive Economic Development Strategy Committee with the alternate being Al Riddick. Additionally Commissioner Johnson for ratification of his appointment of William Smith to the Planning and Zoning Commission. Commissioner Hutchinson asked that the information of appointments be turned into administration. After the additions were complete, the consent agenda vote passed unanimously and the chair moved to the regular agenda items. 2 4 1 P a g e Packet Pg. 11 4.1 BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson A. WARRANTS 1. Warrant List No. 16 J j O 2. Warrant List No. 17 a IL Q B. ADMINISTRATION z O There are no items scheduled. i= Q C. COUNTY ATTORNEY J vo 1. Permission to Amend Lease Agreement with James & Brenda Gibbons - 3904 N. Kings o Highway, Fort Pierce, FL z Q 2. Savannas Recreation Area Trail Memorandum of Agreement U) LU z_ 3. Legal Aid Society of the Bar Association of St. Lucie County Agreement 4. Resolution 2014-11 - Supporting the candidacy of Leon County Commissioner Bryan Desloge for Second Vice -President of the National Association of Counties 5. Resolution 2014-12 - correcting Resolution 2013-129 giving Florida Department of Transportation the County's interest in a portion of Entrada Avenue 6. Resolution No. 2014-5 - Renaming W Avenue E to Cripple Creek Lane and W Avenue B to Jay Gardens Lane in Jay Gardens Subdivision lying in Section 11, Township 35 South, Range 39 East, St. Lucie County, Florida 7. Resolution 2014-13 - Midway Road - South 25th Street East to U.S. Highway 1 - Subordination of County Utility Interests for Parcels 144.2, 153.3 and 154.3 for Florida Department of Transportation 8. Resolution 2014-14 - MIDFLORIDA Credit Union - Pedestrian Easement - Business Park Drive and U.S. Highway 1 D. COMMUNITY SERVICES DeMaio-Severe Repetitive Loss Agreement Amendment VIIIIIIIIIIIIIIII 41911139—A"D 5 1 P a g e Packet Pg. 12 4.1 BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM There are no items scheduled. F. ENVIRONMENTAL RESOURCES Resolution 2014-20 - Heathcote Stormwater Park Budget Resolution G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. J. PARKS, RECREATION, & FACILITIES There are no items scheduled. K. PLANNING AND DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Moran Foods, LLC - Save -A -Lot - Terminate Road Improvement Agreement and Release Surety 2. Resolution 2014-15 - Indian River Drive Speed Limit Reduction N. SHERIFF'S OFFICE There are no items scheduled. O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION 2 6 1 P a g e Packet Pg. 13 4.1 BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM Resolution 2014-16 - Approval of Safe Routes to School 5-E Award of Funding for FY 13/14 Q. UTILITIES There are no items scheduled. VIII. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance 2014-5 - Relating to the Deferred Compensation Program Committee County Attorney McIntyre explained the first item on the regular agenda, ordinance 2014 - 05. This ordinance was drafted to change the deferred compensation program from Pepco to TIA CRFF with other stipulations. After explanation was complete the commissioners unanimously passed ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 2. Ordinance 2014-6 - Proposed Boundary Changes for Tradition Community Development District No. 1 County Attorney McIntyre explained the next item on the regular agenda, ordinance 2014 - 06. This ordinance was drafted to change boundaries for the Tradition Community Developed District. County Attorney McIntyre explained the details of the ordinance which would accomplish the boundary changes. Dan Haro spoke on behalf of Tradition Community Development and reaffirmed the explanation of County Attorney McIntyre. After public hearing was complete commissioners unanimously passed the ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 3. Ordinance 2014-7 - Proposed Boundary Changes for Tradition Community Development District No. 3 County Attorney McIntyre explained the next item on the regular agenda, ordinance 2014 - 07 additional proposed boundary changes for Tradition J Q 0 o: a IL Q z 0 Q Q J CU 0 W (L 0 z Q U) w E- z 2 7 1 P a g e Packet Pg. 14 4.1 BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM Community Development District 3. After Dan Haro spoke on behalf of I radition Development District, the board unanimously passed the ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 4. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the Unsafe Structure at 2917 N. A1A, Fort Pierce. Assistant County Attorney Katherine Barbieri spoke on behalf of the order pursuant to demolish an unsafe structure. With considering that the demolition for this unsafe structure has already commenced, the Assistant County Attorney requested a continuance. The board unanimously approved the continuance for March 4, 2014. RESULT: TABLED [UNANIMOUS] Next: 3/4/2014 6:00 PM MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson B. PLANNING & DEVELOPMENT SERVICES 1. Resolution 2014-17 - Jacobs Midway Commercial Rezoning from CO (Commercial Office) to CN (Commercial Neighborhood) - Quasi Judicial Britton Wilson of the Planning and Zoning department presented a petition for resolution 2014 - 17 the Jacobs Midway commercial rezoning of CO to CN. Mike McCarty, of McCarty and Associates, spoke on behalf of Jacob Midway's rezoning petition. He explained that all the requirements of advertisement were met and gave a brief background. After presentation and public hearing were concluded, the Board unanimously passed the resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 2. Resolution 2014-18 - Hutton Growth One, LLC Rezoning from IL (Industrial Light) to CG (Commercial General) - Quasi Judicial Britton Wilson of the Planning and Zoning department presented a petition for resolution 2014 - 18; the Hutton Growth One LLC rezoning from IL to CG. J Q O W IL a. Q z 0 Q Q J CU O W (L 0 z Q U) w E- z 2 8 1 P a g e Packet Pg. 15 BOCC Regular Meeting Tuesday, February 4, 2014 4.1 6:00 PM KI X. 10 Noreen Dryer with the law firm of Greensburg Meyer represented the applicant. She explained that all the requirements of advertising are met and gave a brief background of the situation. After presentation and public hearing were concluded, the Board unanimously passed a resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson REGULAR AGENDA County Medicaid Billing - Proposed Final Settlement Offer by AHCA County Attorney McIntyre presented the proposed final settlement offer by AHCA. Mister McIntyre explained the background of the situation and recommended that the settlement be accepted. After explanation was complete the board unanimously approved settlement. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, February 11, 2014 at 9:00 a.m. in Conference Room #3. 2. The County will be closed on Monday, February 17, 2014 in observance of President's Day MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 2 9 1 P a g e Packet Pg. 16 4.2 ITEM NO. RES-2014-21 TO: DATE: 02/18/2014 E`'mi&r AGENDA REQUEST *PROCLAMATIONS/PRESENTAT IONS Board of County Commissioners Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution 2014-21 - Recognizing the 125th Anniversary of Florida Public Health in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board recognize the 125th Anniversary of Florida Public Health in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures anie 5. McIntyre, C my ttorney 2/4/2014 Faye W. Outlaw, County Administrator 2/7/2014 Packet Pg. 17 4.2.a RESOLUTION A RESOLUTION RECOGNIZING THE 125T" ANNIVERSARY OF FLORIDA PUBLIC HEALTH IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The yellow fever epidemic that occurred in Florida during 1887-1888 brought to light the need for control of this and other diseases in Florida to prevent future epidemics. 2. In response to this need, the Florida Legislature created the State Board of Health on February 20, 1889. 3. The State Board of Health, now named the Florida Department of Health, has a presence in all Florida counties to protect, promote, and improve the health of all people in Florida. 4. The dedicated public health professionals who work for the Florida Department of Health in St. Lucie County continue to serve the needs of our community by providing health services, monitoring, and responding to emerging health threats, and promoting healthy choices for all who live, work and play in St. Lucie County. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of St. Lucie County do hereby recognize the 125th Anniversary of Florida Public Health, and ask that all residents join us in extending our sincere gratitude to the staff, past and present, of the Florida Department of Health in St. Lucie County for their commitment to the people of our communities during these one hundred and twenty-five years. PASSED AND DULY ADOPTED this 181h day of February, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 18 7.A.1 01/31/14 FZABWARR FUND TITLE 001 001454 001455 001456 001512 001519 001534 001538 001544 001547 001553 001554 001557 001824 101 101001 101002 101003 101004 102 102001 102813 107 107001 107002 107003 107006 129 130 130113 130115 130116 140 140373 150 160 162 170 183 183001 183004 183006 184217 185012 185013 185014 189108 189203 ST. LUCIE COUNTY - BOARD WARRANT LIST #18- 25-JAN-2014 TO 31-JAN-2014 FUND SUMMARY General Fund FCTD Planning Grant Emergency Mgt Preparedness EMPA 14 Div of Emer Mgt RCMP Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 CDBG Disaster Recov Enhanc Prog 112 MPO FHWA Planning Grant EMPG FY 2014 CSBG FY 2014 Support Svcs for Veterans Families SJRWMD Lagoon & You Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU White City Drainage Citrus & Saeger Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY2011 FTA 5309 VTCLI-II FY14 FTA 5312 VTCLI-11 FY14 Airport Fund Terminal/Customs Apron Rehab impact Fee Collections Plan Maintenance RAD Fund Tourism Dev-5th Cent Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund S SLC Beach Rest 13SL1 FHFA SHIP 2010-2011 FHFC SHIP 2012/2013 FHFC SHIP 2013-2014 Home Consortium 2012 Hardest Hit fund Advisor Services EXPENSES 320,168.13 19.09 7.34 23,998.97 16,854.00 165,001.62 259.73 54,741.72 34,293.70 15,613.53 11,075.55 17,522.04 129.75 56.57 3,004.91 98.66 10,491.52 16,515.66 4,124.81 5,381.13 61,860.06 312.95 34,585.09 13,581..35 17,698.29 4, 192.65 18,350.02 98,931.00 164.33 40.06 53.24 40.05 12,108.08 47,292.52 333.07 722.07 34,000.00 19,828.80 1,134.31 80.00 1,370.59 24.20 16,679.65 19.50 12.87 12.87 17,743.40 29.65 PAGE 1 PAYROLL 495,849.53 249.48 0.00 51.99 465.65 442.33 138.46 2,975.74 204.72 11,719.78 0.00 288.00 1,696.20 739.50 38,598.23 1,289.60 45,544.22 13,211.26 16,348.80 61,639.13 12,361.94 4, 090.86 120, 016.11 999.63 43, 850.27 0.00 9,191.97 0.00 2,148.06 523.60 696.00 523.60 9,572.55 0.00 236.28 3,641.61 0.00 0.00 3,334.31 0.00 3,275.73 0.00 0.00 254.88 168.23 168.23 1,351.66 387.55 Packet Pg. 19 7.A.1 01/31/14 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST *18- 25-JAN-2014 TO 31-JAN-2014 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 190 Sports Complex Fund 76,568.41 17,596.86 242 Port I&S Fund 1,000.00 0.00 316 County Capital 1,999.08 0.00 317 County Capital -St Revenue Share Bnd 37,997.00 0.00 401 Sanitary Landfill Fund 195,449.12 51,359.46 418 Golf Course Fund 15,248.74 16,874.16 451 S. Hutchinson Utilities Fund 1,042.60 4,813.06 458 SH Util-Renewal & Replacement Fund 57.77 755.18 471 Water & Sewer District Operations 21,230.46 7,560.07 478 Water & Sewer District R&R 93.24 1,218.75 479 Water & Sewer Dist. -Cap Facilities 87.12 1,139.08 491 Building Code Fund 1,873.62 20,582.92 505 Health Insurance Fund 755,782.00 0.00 505001 Property/Casualty Insurance Fund 6,145.45 2,572.01 505002 Health Insurance Administration 247.77 3,238.70 611 Tourist Development Trust-Adv Fund 67,022.56 2,404.20 615 Impact Fees Fund 10,057.32 0.00 801 Bank Fund 234,556.03 0.00 GRAND TOTAL: 2,527,017.39 1,038,360.14 U) H z Q o: Q 00 6 z r y J C R L L R ci E E 0 U Packet Pg. 20 7.A.2 02/07/14 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST 419- 01-FEB-2014 TO 07-FEB-2014 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 2,753,144.39 0.00 001190 FTA Sec 5307 - Buses 05/06 510,580.00 0.00 001454 FCTD Planning Grant 101.95 0.00 001456 Div of Emer Mgt RCMP 27.68 0.00 001508 FTA Buses 312,058.00 0.00 001512 Neighborhood Stabilization Program 76.52 0.00 001519 CDBG FY 2008 Disaster Recovery 62.89 0.00 001527 SRL - 10701 S. Ocean Dr. 2.47 0.00 001534 Metropolitan Planning/Section 5303 161.88 0.00 001538 HUD Neighborhood Stab 3 634.06 0.00 001544 CDBG Disaster Recov Enhanc Prog 18,043.27 0.00 001547 112 MPO FHWA Planning Grant 6,426.38 0.00 001550 HUD Shelter Plus Care 24.11 0.00 001553 EMPG FY 2014 2,392.20 0.00 001554 CSBG FY 2014 65.06 0.00 001555 HUD Shelter Plus Care Grant 28.37 0.00 001556 HUD Shelter Plus Care Chronic Asst 27.10 0.00 001557 Support Svcs for Veterans Families 175.90 0.00 001824 SJRWMD Lagoon & You 75.21 0.00 101 Transportation Trust Fund 15,577.42 0.00 101001 Transportation Trust Interlocals 576.39 0.00 101002 Transportation Trust/80o Constitut 51,306.14 0.00 101003 Transportation Trust/Local Option 9,468.57 0.00 101004 Transportation Trust/County Fuel Tx 13,928.58 0.00 102 Unincorporated Services Fund 19,237.31 0.00 102001 Drainage Maintenance MSTU 17,012.65 0.00 102813 White City Drainage Citrus & Saeger 4,537.77 0.00 107 Fine & Forfeiture Fund 3,788,726.25 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 9,349.91 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 6,339.11 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 28,311.86 0.00 107006 F&F Fund -Court Related Technology 8,241.84 0.00 107179 DOJ Bullet Proof Vest 2012 279.95 0.00 129 Parks MSTU Fund 58,294.32 0.00 130 SLC Public Transit MSTU 116,942.54 0.00 130100 FTA 5307 Capital and Operating assi 510,580.00 0.00 130101 FTA Operating and Capital Assist 311,718.00 0.00 130104 FTA 5317 New Freedom Enhanced Servi 3,825.25 0.00 130105 FTA 5307-2 2009 Cap & Oper 255,290.00 0.00 130106 FTA 5309-2 Capital and Operating 103,566.00 0.00 130109 FTA 5307 Capital and Operating 103,906.00 0.00 130110 FTA 5317 Enhanced Svcs for the Disa 1,644.51 0.00 130113 FTA 5307 FY2011 28,172.56 0.00 130114 FTA 5307 FY 2013 565.34 0.00 130115 FTA 5309 VTCLI-II FY14 229.76 0.00 130116 FTA 5312 VTCLI-II FY14 48.48 0.00 130210 FDOT Block Grant 110,281.45 0.00 130215 FCTD Trip & Equip FY 2014 43,284.66 0.00 Packet Pg. 21 7.A.2 02/07/14 FZABWARR FUND TITLE 140 140001 140376 150 160 183 183001 183004 185012 185013 185014 189108 189203 190 218 296 297 298 310002 316001 382 401 418 451 458 471 478 479 491 505 505001 505002 611 625 655 801 ST. LUCIE COUNTY - BOARD WARRANT LIST 419- 01-FER-2014 TO 07-FEB-2014 FUND SUMMARY Airport Fund Port Fund FDOT New Port Ent 2nd street Imp Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP 2010-2011 FHFC SHIP 2012/2013 FHFC SHIP 2013-2014 Home Consortium 2012 Hardest Hit fund Advisor Services Sports Complex Fund Transportation-I&S No Lennard Rd 1 No Lennard Rd 2 No Lennard Rd 3 Impact Fees -Parks 5th Cent Fuel -Capital Environmental Land Capital Fund Sanitary Landfill. Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Insurance Agency Fund Bank Fund GRAND TOTAL: EXPENSES 2,445.02 33.67 7,552.88 91.21 2,927.35 1,432.39 160.00 2,629.01 39.39 36.52 23.38 304.87 113.12 24,128.63 397,756.26 68,649.39 13,561.53 4,021.70 943.00 7,074.06 2,400.00 60,840.91 13,143.23 35,448.91 37,745.61 105,828.67 6,987.85 5,763.49 6,097.07 12, 624. 92 785,321.66 1,038.31 17,296.27 14,025.00 77,030.43 91,426.61 11, 032, 2 92. 38 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 0.00 0.00 0.00 MOM Packet Pg. 22 7.C.1 ITEM NO. RES-2014-28 TO: PRESENTED BY: SUBMITTED BY: ci irtirrT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE: 02/18/2014 *CONSENT AGENDA\COUNTY ATTORNEY Resolution 2014-28 - Facilities Use Agreement - LPMS Jazz Events at Intramodal Center Over the past year, Lincoln Park Mainstreet, Inc has entered into several individual facilities use agreements with the County for use of the Intermodal Transit Center parking lot and three vacant County owned lots at the northwest corner of Avenue D and North 8th Street for its Jazz Moore's Creek events. Due to the success of these events, LPMS intends to hold these events on a more regular basis. The attached Facilities Use Agreement has been drafted for that purpose and provides for a one year term which may be extended upon mutual agreement of the parties. Staff has coordinated the terms of the agreement with Community Transit to insure there will be no disruption of transit services to the public. As required by Section 125.38,Florida Statutes, the attached resolution provides for the Board's approval for the proposed facilities use agreement. PREVIOUS ACTION: FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that Board of County Commissioners adopt Resolution No. 14-XX approving the Facilities Use Agreement with Lincoln Park Mainstreet, Inc for use of the Intermodal Transit Center parking lot and three adjacent County owned lots for its Jazz on Moore's Creek events. COMMISSION ACTION: Packet Pg. 23 7.C.1 Coordination/Signatures A Heather Young, Asst. County Attorney 2�7 2014 Faye, County Administrator 2/7/2014 Updated: 2/24/2014 1:48 PM by Shane A. De Witt Page 2 Packet Pg. 24 7.C.1.a FACILITIES USE AGREEMENT THIS AGREEMENT made and entered into on this day of , 2014, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County,@ and LINCOLN PARK MAIN STREET, INC., hereinafter referred to as "User.@ WITNESSETH: WHEREAS, the County owns the Intermodal Transit Facility located at 725 Avenue D, Fort Pierce, Florida, and three (3) lots on the northeast corner of the intersection of Avenue D and North 8th Street in Fort Pierce, Florida, hereinafter referred to jointly as the "Facilities"; and, WHEREAS, the User desires to use the Facilities in conjunction with its Jazz on Moore=s Creek events, hereinafter referred to as the AEvent@; and, WHEREAS, the County is willing to enter into this agreement with the User to permit it to periodically use the Facilities on a temporary basis. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. SITE The parties acknowledge and agree that the Facilities shall be the parking lot and restrooms facilities of Intermodal Transit Facility as well as the three vacant lots on the northeast corner of the intersection of Avenue D and North 8th Street, Fort Pierce, Florida. 11 Packet Pg. 25 7.C.1.a 2. USE OF FACILITIES The User shall use the Facilities for the Event only as follows: A. Intermodal Facility BParking lot shall be used for parking for the Event. Restrooms shall be open and available to attendees of the Event. B. Lots - The lots shall be used for parking for the Event. The User=s use of the Facilities shall not be exclusive and such use of the property shall not preclude County staff access to the Facilities during the term of this Agreement. The User shall be responsible for the cleanup and restoration of the Facilities to their prior condition within twenty-four (24) hours following the Event. The User shall obtain the restroom keys from the Intermodal Transit Facility security officer at 6:00 p.m. on the day of an Event and return them to the security officer on or before 7:00 a.m. on the Monday following each Event. In the event the User fails to clean and restore the Facilities within a timely manner as provided above or loses the keys, the User shall reimburse the County for its costs to clean and/or restore the Facilities and/or replace the keys. 3. TERM/TERMINATION The term of this Agreement shall begin on February 14, 2014, and continue through and including December 31, 2014, subject to extension upon mutual agreement of the parties. The User Project Manager shall submit proposed event dates to the County Project Manager for her approval, which shall not be unreasonably withheld, at least thirty (30) days prior to the proposed event date. The number of events shall be limited to one per month during the term of this Agreement. Each event shall begin at 6:30 p.m. and terminate the same day at 11:00 p.m., unless otherwise agreed to by the County Project Manager. The User shall have access to the site beginning at 6:00 p.m. on the day of each event. Either party may terminate this Agreement without cause upon twenty-four (24) hours prior written notice to the other party. N Packet Pg. 26 7.C.1.a 4. PROJECT MANAGER The Project Manager for the County is Beth Ryder, Community Services Director, at (772) 462-1777. The Project Manager for the User is Pamela Carithers at (772) 462-2481. 5. PERSONNEL The User represents that it has, or will secure at its own expenses, all necessary employees and volunteers required to perform the services under this Agreement. All employees employed by the User shall not be employees of or have any contractual relationship with the County. 6. INDEMNIFICATION User will indemnify, defend and hold County, St. Lucie County Board of County Commissioners, Council on Aging of St. Lucie County, Inc., Community Transit, their officers, directors and employees, harmless from any and all liability, loss, damage, costs, expenses, including, without limitation, attorneys= fees, on account of injury or damage to persons, firms or corporations or to property directly or indirectly arising out of or relating to this Agreement, the performance or breach thereof, or the use or occupancy of the Facilities by User or User=s agents, servants, employees, exhibitors, independent contractors, patrons, guests or invitees; and in the event that suit shall be brought against County, Council on Aging of St. Lucie County, Inc., and/or Community Transit, their independently or jointly with User on account thereof, User will defend any such suit or suits at the sole cost of User; and in the event of final judgment being obtained against County, Council on Aging of St. Lucie County, Inc., and/or Community Transit, either independently or jointly with User, then User will pay such judgment immediately, with all interest and costs thereon, and shall hold County, Council on Aging of St. Lucie County, Inc., and/or Community Transit harmless. 7. INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject to the User' sole direction, supervision and control. The User shall exercise control over fe3 Packet Pg. 27 7.C.1.a the means and manner in which it and its employees perform the work, and in all respects, the User' relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. In addition, the User shall not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 8. INSURANCE The User shall procure and maintain, at its own cost and expense, the following forms of insurance coverage or the equivalent thereof which shall name St. Lucie County and Council of Aging of St. Lucie County, Inc. each as an AAdditional Insured@ and copies of such insurance shall be submitted to the County and the Council on Aging at least twenty-four (24) hours prior to the Event: Public Liability Coverage insurance coverage, Comprehensive General Liability including contractual liability covering the indemnification provision agreement contained in this Agreement. Coverage shall provide a combined minimum limit of One Million and 0/100 Dollars ($1,000,000.00) per occurrence/$2,000,000.00 general aggregate. 9. ADDITIONAL COVENANTS OF USER The User shall use and occupy the Facilities solely for the purpose specified in Paragraph 2 of this Agreement. 10. NON-DISCRIMINATION The User for itself, successors in interest, and assigns, as a part of the consideration hereof, do hereby covenant and agree that no person on the grounds of race, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the Facilities. Ell Packet Pg. 28 7.C.1.a 11. CONFLICT OF INTEREST The User hereby represents and warrants that neither it nor any of its directors, officers, members, partners or employees have any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The User further represents and warrants that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or User in which they are directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this agreement or in the proceeds thereof. 12. ASSIGNMENT No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 13. PUBLIC RECORDS The User shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Army in conjunction with this Contract. Specifically, the User shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 5 Packet Pg. 29 7.C.1.a (d) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. 14. ENTIRE AGREEMENT This Agreement and the attachments hereto represent the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersede all other negotiation, understandings, and representations (if any) made by and between such parties. 15. AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 16. FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement. 17. NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier 1.1 Packet Pg. 30 7.C.1.a service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO ST. LUCIE COUNTY WITH A COPY TO: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Administration Annex Administration Annex Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 AS TO USER: Lincoln Park Main Street, Inc. 1234 Avenue D Fort Pierce, Florida 34950 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 18. GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. VA Packet Pg. 31 7.C.1.a IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 2014. ATTEST: DEPUTY CLERK ATTEST: SECRETARY s:\atty\agreemnt\fac-use\Ipms.jazz.2014.doc E:3 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY LINCOLN PARK MAIN STREET, INC. BY: PRINT NAME: (SEAL) Packet Pg. 32 7.C.1.b RESOLUTION NO. 14-OXX A RESOLUTION ALLOWING LINCOLN PARK MAIN STREET, INC., A FLORIDA NOT FOR PROFIT CORPORATIONS, THE USE OF PARKING LOT AND RESTROOMS AT THE INTERMODAL TRANSIT FACILITY LOCATED AT 725 AVENUE D, FORT PIERCE, FLORIDA, AND THE THREE (3) LOTS ON THE NORTHWEST CORNER OF THE INTERSECTION OF AVENUE D AND NORTH 8T" STREET, FORT PIERCE, FLORIDA, IN CONJUNCTION WITH ITS JAZZ ON MOORE'S CREEK EVENTS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Lincoln Park Main Street, Inc., a Florida not for profit organizations ("LPMS"), has requested the use of the parking lot and restrooms at the Intermodal Transit Facility located at 725 Avenue D, Fort Pierce, Florida, and the three vacant lots located at the northwest corner of the intersection of Avenue D and North 8t" Street, Fort Pierce, Florida, (collectively the "Site") for use in conjunction with its Jazz on Moore's Creek events; and WHEREAS, Section 125.38, Florida Statutes requires that any not for profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, LPMS and the County desire to make the Site available to LPMS in conjunction with the Jazz on Moore's Creek event. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby grant permission to use the Site in conjunction with the Jazz on Moore's Creek events. A sketch and description showing the location of the Site leased to LPMS are attached hereto and made a part hereof as Exhibit "A." 2. The term of this use shall be for a one year period, which may be renewed for additional periods with Board of County Commissioners approval, unless otherwise terminated. After motion and second, the vote on this resolution was as follows: Frannie Hutchinson, Chair XXX Paula Lewis, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Tod Mowery, Commissioner XXX Kim Johnson, Commissioner XXX 1 Packet Pg. 33 7.C.1.b PASSED AND DULY ADOPTED this XX1h day of XX 2014. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: s:\atty\resoltn\2014\FUA.LPMS.Intermoda1.doc County Attorney Packet Pg. 34 /t• .4*oe� {roN+rt7 LPMS Facilities Use Agreement - Exhibit A S. Subiect DISCLAIMER 51. Lune County rtukea ro wartenry, repro-nbuon or gwreny cc b Ne wnbnt,-quenm, ac .. bMI'MOs, or wmplebne- of any of Ih, p.odeb uyomudon provided herein The reed., sh d nd mly on tlu dab p -Wv herein for any rea-n. St. Lucie County wpWtty diedalmc any repro-nbdons n —ndes, Intl udinq, w W Amlbtbn, die implied rentus of merchamabNry and Rd,ecs far a parbcubr W rpo-. St. Lucb County NeA .team. m Xabilily for: 1. Any errors, omi¢siona, or inaccuraues in 1M blonnadon provitled reperdbss of how uu-d: or I Any deuebn nude or action lekan or nd bken by eny paean In rel'urwe upon eny Inbrmaeon or dab tumidwd hereunder. 0 0.00426 0085 0.017 0.0255 0.034 h. r Packet Pg. 35 7.C.2 ITEM NO. (ID # 1896) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE 02/18/2014 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - Michael and Romilda Cline, 425 SE Verada Avenue - River Park Unit 4 - Parcel ID 3419-530-0047-000-4 Property Acquisition Division received a request from Michael and Romilda Cline, who reside at 425 SE Verada Avenue, River Park to erect a 4 ft. chain link fence along one side and the front of their property. Mr. and Mrs. Cline also built a retaining wall to replace one that washed-out during the 2012 storms. They would like to also put a chain link fence in front of the wall in the rear of the property. Attached are engineering plans for the wall that was replaced and a letter from Paul Welch Civil Engineering certifying the wall. A boundary survey of their property shows where the fence will be installed. The property is in River Park Unit 4 and the Plat states there are utility easements along the side lot lines as described in the "Restrictive Covenants." Mr. Cline received an email from Sunshine State One Call for utilities in the easements and the only one was Comcast. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. and Mrs. Cline to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 36 7.C.2 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures Heather Young, Asst. County Attorney 2/6/2014 r3ob bentkofsky, Deputy Cofanty 7dministrato 2/ /2014 Updated: 2/6/2014 9:46 AM byJoAnn Riley Page 2 Packet Pg. 37 7.C.2.a To Saint Lucie County My Name is Michael Cline I am a home owner at 425 SE VERADA AV in Port Saint Lucie. I built a wood 4 foot tall retaining wall to replace a failed block wall from storms in 2012 that washed out Floresta Dr_ l did not think I needed a permit to replace that wall, and did not know I had to be 10 feet from my property line. That was my mistake and I meant no disrespect, I am 6 feet from the back property line and I am asking you to give me leniency. There are no utilities in the working space, water is allowed to go thru the wall but dirt is not, unlike the old block wall that held the water. This was the largest job my wife and I have ever done, and are very happy with the results, now are 20 month old son will not roll into the canal when he goes down his slide. I am also asking permission to build a chain link fence along that wall and along the NE property line that my neighbor and I would like and will be reasonable for in the future, I am including a letter from him stating so. There already is a fence along the SW property line. I will also include a survey, and a proposal contract from A Great Fence LLC. I thank you for your time Michael, Romilda and Joseph Cline. Packet Pg. 38 �4 417 409 7.C.2.b E sO 449 \ 441 a� > Q IL . N � C 433 E m 425 Sub! Oto I i rn f �ZIP � 4429 S 0 Oc R 0 c �C m C6 525 Packet Pg. 39 7.C.2.c LEGAL DESCRIPTION: Lot 47 in Block 32 of RIVER PARK UNIT 4 according to the plat thereof as recorded in Plat Book 11 page 9 of the Public Records of St. Lucie County, Florida. 4* ABBREVIATIONS: SET = Set 5/8" iron rebar lyyith yellow cop marked PSM 554' FD=Found 5/8" Iron Rebor F.F.E.=Finished Floor Elevotio OH--OH—OH-•= Over Bead Wires X--X--X-- Chain Link Fence R.O. - Right of Way 0-O--A--= Wood Fence FPL Transformer Pod PL=Volue as platted R = Radius of curve L - Length o1 curve 6©© - Del kq of Curve EAS. = Measured CONC. - Concrete C.P.= Concrete Pod ®_ Water deter = Po*er Pale = Utility Box 8= 14el l SCALE:1 "=40' AtlantlC Lana uesigns 754 at the Treasure Coast, L07468 NE Jensen Beach Blvd. Jensen Beach, rL 34057 Mailing Address: P.O. Box 1421 Jensen Beach, FL 34958 Al-05543agmail.com (772) 398.4290 DAME;10�27�1 DRA#M; AWP 11 2013-0807 DATE: REVISIONS 17A0/15 farm* P1 PA amply LAST FIELD DATE:1 Certified to: SURVEYORS NOTES: 1. Unless other*ise noted only platted easements ore shown hereon. 2. No underground utilities or improvements were located unless other*lse shown. 3. This site lies within Flood Insurance Rota Iylai Zone X. 4. Flood Zone shown hereon is on. -interpretation by the surveyor and is provide- as o courtesy. The flood zone should be verified by a determination agency. 5. Bearings shown hereon are based on the Center line of VERADA AVENUE as being S 41'14'00" tfY according to the Plot described hereon. 6. P.U.D.E, denotes Public Utilities and Drainage Easement. 7. All Lot dimensions sho*n ore per plot unless other*ise shown, YtO Y hereby certify that the survey shotyn hereon is true and correct hd is Lased on actual measeuremenis token In the Held. This urvey meets the Winimum Technical Standards of Chopter 5J-17 lorldo aftinistrative code. 4�.at..... '. James A. Dghatlys' dav�mesAeemL' PSM5543 ON: —'ames A. CeskoR..o=Aaantr `}and Designs of th.TC aw Ce s i ro Jr. a a11cALDSSr3@gm�i;oml 5 Dare: 7a/3.17.1013:62:13 -0S0a' f sTnYE tN' NOT VALID WITHOUT AN AUTHENTICATED ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL Packet Pg. 40 7.C.2.d PAUL WELCH INC. Mechanical Electrical Civil Engineering 1984 S.W. Biltmore St. Suite#114 Port Saint Lucie, FL 34984 Phone (772) 785 — 9888 17welchinc@aol.com December 05, 2013 Re: CLINE RETAINING WALL 425 SE VERADA AVE. PORT ST. LUCIE, FLORIDA To Whom It May Concern. - Please be advised that we have reviewed the above referenced retaining wall construction and find that it meets with the FBC-10 and our flan and Engineering requirements for this project. Thank you for your attention to this matter. Submitted by: PAUL WELCH INC. ,A � I. — Paul Welch, P.E. Fla Reg No. 29945 PW:ns Packet Pg. 41 I 7.C.2.d I a MANMADE CANAL APPROX. MEAN HIGH WATER LINE EXISTING FAILED CONCRETE " BLOCK RETAINING WALL i 11D.5 L.F. WOOD RETAINING WALL (INCLUDES 1-12.9 RETURN) 8"X 4' MARINE PILE DEADMEN @ 12 O.C. (TYP.) EXISTING TX 22' DOCK 34' 37' SHORELINE LENGTH 100 L.F. CLINE 425 SE VERADA AVENUE PORT ST. LUCIE, FL *—NOTES*- - 112.5t L.F. RETAINING WALL INSTALLED (INCLUDES 1-12.5' RETURN). - SURVEY INFORMATION FROM ATLANTIC LAND DESIGNS OF THE TREASURE COAST DATED 10/25/13. -DECK DESIGN LOADS TO MEET 2010 FBC: WIND LOAD AS PER ANSIIASCE 7-10 SPEED = 170 MPH EXPOSURE = C IMPORTANCE FACTOR = 1.0 RETAINING WALL 11viron1:i1E`ntal PLAN VIEW DETAIL Services., Inc. Michael Cline 1901 SW Yellowtail Avenue 425 SE Verada Avenue Port saint Lucie, FL 34953 Port St. Lucie, Florida PIN 3419-530-0047.000-4 8" X 8' MARINE PILE @ 6' O.C. (TYP.) 10' TIE BACKS @ 12' O.G. (TYP.) 12.5' RETURN J 0' 10, 20' GRAPHIC SCALE Paul Welch, Inc. 1984 SW Biltmore Street, 14 Port St. Lucie, FL 34984 DEC 05201 Paul Welch, PE No. 29945 Phone.772-215-3997 Fax:772-879-+4620 www.dlsenvironmentalservices_cnm scnLE. 1" = 20' NOV 2013 Packet Pg. 42 I 7.C.2.d I —NOTES- - 8" 0 MARINE PILES AT 6' O,C. —19 TOTAL. -ALL PILES MIN. PENETRATION 4' INTO FIRM SOIL. ALL FLAT LUMBER P.T..80 LB/CCA MINIMUM NAILS HOLDING FABRIC ARE 1 W WIDE HEAD NAILS ALL HARDWARE SHALL BE SS OR H.D. GAV. Environmental Services, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 2" X 12'° P,T, CAP DOUBLE 2" X 8" P.T. CONTINIOUS WALE BEAM SEAMS SHOULD OVERLAP ON EVERY OTHER SUPPORT PILE (TOP AND BOTTOM) .80 LBICF CCA FILTER FABRIC ATTACHED TO TOP WALE OVERLAPPING AS NECESSARY 2" X 8" X 5' P.T. SHEET PILING V MIN. PENETRATION INTO SOIL 3/A 3fJ rLMI VVA3r€rM 344" 0 HEX NUT — FILTER FABRIC (AMOCO 2002 OR EQUIVALENT) INSTALLEO.IN ONE PIECE USE 1-1i2" LONG WIDE -HEAD NAILS TO SECURE FABRIC IN PLACE WALE BEAM AND SHEET PILES NAILED WITH 4" HDG RING SHANK NAILS 8" 0 X B'± P.T. WOOD PILE @ 6' O.C., 2.50 LBICF CCA WOOD RETAINING WALL Michael Cline 425 SE Verada Avenue Port St. Lucie, Florida PIN 3419-530-0047-000-4 p' 1.5' 3' GRAPHIC SCALE Paul Welch, Inc. 1984 SW Biltmore Street, 114 Port St. Lucie, FL 34984 DEC052013 Paul Welch, PE No. 29945 Q Phone; 772-215-3997 Fax. 772-879-4620 www.dlsenvironmentalservices.corn SCALE, 1" = 31 NOV 2013 - Packet Pg. 43 1 I 7.C.2.d I 2'° X 12" P.T. CAP 2" X 8" X 5' P.T. SHEET PILING 1' MIN. PENETRATION INTO SOIL 314" O HDG STEEL ROD X 10' — 12' O.C. DOUBLE 2" X 8" P.T. CONTINUOUS i SEAMS SHOULD OVERLAP ON OTHER SUPPORT PILE (TOP AND 8" i7J P.T. PILES @ 6' O, C. _T 4' M, W VALE BEAM EVERY BOTTOM) .h 8" 0 X 8' P.T. WOODPILE @ 6' O.C., 2.50 LB1CF CCA —*NOTES- - 8" 0 MARINE PILES AT V O.C. —19 TOTAL. -ALL PILES MIN. PENETRATION 4' INTO FIRM SOIL. -ALL FLAT LUMBER P.T..80 LBfCCA MINIMUM -NAILS HOLDING FABRIC ARE 1%:" WIDE HEAD NAILS -ALL HARDWARE SHALL BE SS OR H.D, GAV. Environmental Services., Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 RETAINING WALL T-SECTION VIEW Michael Cline 425 SE Verada Avenue Port St. Lucie, Florida PIN 3419-530-0047-000-4 V. EXPOSED kLL HEIGHT 0' 1' 2' GRAPHIC SCALE Paul Welch, Inc. 1984 SW Biltmore Street, #114 Port St. Lucie, FL 34984 DEC 05201 , Paul Welch, PE No. 29945 Q Phone:772-215-3997 Fax:772-8794520 www.disenvironmentalservices.com SCALE l" = 2° 1 1 NOV 2013 . Packet Pg. 44 1 7.C.2.e This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of I"�-✓ _ . 2014, by and between ST. LUCIE COUNTY a political subdivision of the State of Florida, ("County") and MICHAEL and ROMILDA CLINE husband and wife, whose address is 425 S.E. Verada Avenue, Port St. Lucie, FL 34983 (the "Owner") WHEREAS, the Owner owns the property described as follows: River Park -Unit 4-Block 32 Lot 47 WHEREAS, the County is the owner of the property described as: A 10 foot drainage/utility easement, lying in the rear of Lot 47, Block 32, River Park, Unit 4 and a 6 foot drainage and utility easement along the sides of said parcel. WHEREAS, the Owner has requested a Revocable License Agreement for a wood retaining wall within the County's 10 ft. drainage/utility easement in the rear and a 4 ft. chain link fence within the 6 ft. drainage/utility easement on the NE property line. WHEREAS, the County is willing to permit the Owner to encroach in the County's drainage/utility easements for the purpose of installing a 4 ft. chain link fence and the wood retaining wall in the rear of the property subject to the terms and conditions set forth in this Revocable License Agreement. The property owner verified that Port St, Lucie Utilities and other utilities have no conflicts in these easements. 1 Packet Pg. 45 7.C.2.e NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the wood retaining wall and 4 ft. chain link fence which will encroach within the drainage/utility easements. This Revocable License Agreement shall extend only to the referenced wood retaining wall and 4 ft. chain link fence and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to keep and maintain the wood retaining wall and fence in the County's drainage/utility easements. The owner agrees that if the County Engineer and/or Road and Bridge Division determine the wood retaining wall or fence is causing flooding, drainage problems or other needs in the area and needs to be removed or relocated the owner will do so at the Owners sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner keep the wood retaining wall and 4 ft. fence in the County's drainage/utility easements. 4. The Owner shall maintain the drainage easements along their fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida and Health Department Standards. The retaining wall or fence shall not interfere with County use of the easements and any damage to the County easements shall be repaired by Owner. 2 Packet Pg. 46 7.C.2.e 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the retaining wall or fence or the location of the retaining wall or fence, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the retaining wall or fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the retaining wall or fence and repair of the easements, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced retaining wall or fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of drainage/utility easements by the County or Utilities Department. 10. The retaining wall and fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the 3 Packet Pg. 47 7.C.2.e expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the retaining wall or fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Mr. & Mrs. Michael Cline 425 SE Verada Avenue Port St. Lucie, FL 34983 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorney's fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or 4 Packet Pg. 48 7.C.2.e its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK BY: CHAIR WITNESS: Witn� Witness (print name) Hess Witness (print name) APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY MICHAEL CLINE 5 Packet Pg. 49 7.C.2.e STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day off 2014, by MICHAEL AND ROMILDA CLINE who produced (typ b identification) and who did take an oath. WITNESS my hand and official seal, this ' day of -6— 2014. My commission expires- MCDOUGALDc - State of Florida JOHNNIEOEM ires Jun 10. 2015on # EE 96675 ature of Notary Public � 0 Packet Pg. 50 EXHIBIT A 7.C.2.e ell 0 V l r Q 7 Packet Pg. 51 7.C.3 ITEM NO. (ID # 1899) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE 02/18/2014 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement, 4507 South Indian River Drive LP, 4507 South Indian River Drive, Parcel 2436-321-0004-000/9 Property Acquisition Division received a Right -of -Way Permit for a 4-inch HDPE Directional Bored Casing in the right-of-way of Indian River Drive. The 4-inch directional bore will encroach the entire width of South Indian River Drive right-of-way, which will be 35 ft. as measured in this case. Staff has approved the Revocable License Agreement with the understanding if the encroachment causes any flooding or road damage, 4507 South Indian River Drive LP must make all repairs at their expense. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct 4507 South Indian River Drive LP to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 52 7.C.3 Coordination/Signatures A Heather Young, Asst. County Atkorney 2/6/2014 ;�,b bentkofsky, Depu y C myRIO,iskrat�/2014 Updated: 2/6/2014 9:26 AM by JoAnn Riley Page 2 Packet Pg. 53 Packet Pg. 54 7.C.3.b �< r(961 f F . _ 4507 S. Dian River Drive L.L.0 -, 772-201-7797 8840 Lonesome Pine Trail, Fort Pierce, A 34945 wno Name8 fsr r Ow _ - .114 T. .In ion IRR' er Drimp I I C-- Pbww m-L72-20 -7797 'i._Inc. s. 2 . ._ . .�.. gyp LL av` pf�1:�/i �y(3 .Y-/f�� /•�'Al .. ye Ditohdiggers, Inc �...- .- - _.-.. 77L-132 8141 :Q a 01 .sotn.3 t. M pumtotem ar _ -_: as by3 9;i #6BA�t,� ° $ of t � to 1 tW 3', sad a of � 14 8n IVB�rlvB fn 10 0ODnWOr RAM� . 1) Oftod SAWBOW Artift pin tM PDbrs "Viopbtft M*0 *M*16 owd ,C; �e d a� Appli ict eai Difrancesco General Contractor 1 Owner Rep 9y; _ 1 /22/2014 J Sy b#' k � bg� l to wooly t " � AND� or MW 0 m T %'AY - a� CD ao ..r Revim#d �Y `E a ROACwbd By 0 m E ROASM OF COWn MOMMMM ff.'W=COMM- RID- � Of3 . I'Y �'y 4014 ��� Packet Pg. 55 7.C.3.c This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT trtade and entered this day of �'_v 2014, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and 4507 S. Indian River Drive, LP, whose address is 1215 Les Abymes, Boucherville QC J4138C6, CDN, OC 34952 OC ("fie'") WHEREAS, the Owner owns the property described as follows: LOCATION: 4507 INDIAN RIVER DRIVE TAX I.D. 2436-321-0004-000/9 WHEREAS, the Owner desires to bore a 4-inch HDPE directional bored casing under Indian River Drive, which will encroach the entire width of Indian River Drive right-of-way. WHEREAS, the County is willing to permit the Owner to use Indian River Drive right-of-way to install and maintain a utility crossing subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as -follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the purpose of boring a 4-inch HDPE directional bored casing to their property on the East side of Indian River Drive as indicated in the attached sketch and incorporated herein as Exhibit "A". The drilling must be performed by a licensed directional„ bore contractor. The utility crossing will encroach the entire width of Indian River Drive right-of-way. This license shall extend only to the above -referenced utility crossing and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to allow the Owner a means of Packet Pg. 56 7.C.3.c bring utilities to their property on the East side of Indian River Drive, 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to keep and maintain the conduit pipe under Indian River Drive, to adequately provide utility service between their property on the West and East side of Indian River Drive. Any washouts or damage on the sides of the road caused by this installation will be the responsibility of the applicant to repair. 4. The Owner is required to have a licensed driller install the utility crossing in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. S. This Revocable License Agreement shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer my, in lieu of termination, request that the Owner perform certain alterations to the encroachment in Indian River Drive, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the utility improvement, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging of the abandoned utility as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of Indian River Drive by the County. 2 Packet Pg. 57 7.C.3.c 10. The encroachment in Indian River Drive shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the utility service crossing for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: 4507 S. Indian River Drive, LP 1215 Les Abymes, Boucherville QC J4138C6, CDN OC 34952 OC With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 Or to such other address as any party may designate by notice complying with the terns of this section_ Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. The Owner shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings,. actions and costs of actions, including reasonable attorney's fees of any kind or nature arising or in any way connected with the use, occupation, management, or controlof the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official 3 Packet Pg. 58 7.C.3.c Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written.. ATTEST: DEPUTY CLERK Witness ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 4507 SO IAN RIVER DRIVE, LP It's tq.--MAFNffl STATE _Ok COUNTY The foregoing instrument was aclmo ed beff9re me this day of W0'. 2014, of 4507 SOUTH INDIAN RIVER DRIVE, LP itswho produced � b�( e of identification) and who did take 0.roath. fP,KeR b S WITNESS my hand and official seal, this 7 day of -re�rckI4 A.D., 2014. cP"� P�etl,YANITZIA TORRES Notar Public . State of Florida :N } t„I flay 2, 2016 '=q;FOFFo commission # EE 194955 L� I L� /m I /�za 4 Packet Pg. 59 EXHIBIT Z. °o • V � CO) o - - - - - - - - -- 1� - - -- - - - - - - - - - SC.r S/ ? #M AM to �9 � � '•�:'• .A �. :;v: - yr' .�. r .r 7� O Cr CD Co o cAVLf RI �tb Ma 250) A PIPS ,► A.IRON JROYT IN .�• Asa F� (}.5 ra. 2' R UR BpMDg AM DE?�l # 4,p�fCR PER Y AWE FpUN� SIT i+� Packet Pg. 60 nAR f nUf 1DA 5 �'95' L46NUM 7.C.4 ITEM NO. (ID # 1906) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney BOCC Record Destruction DATE 02/18/2014 *CONSENT AGENDA\COUNTY ATTORNEY Attached is a memorandum from Shai Francis, Finance Director, with attachments, requesting approval to destroy Board of County Commissioners records in accordance with State of Florida retention guidelines. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the destruction of the records as requested. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures Heather Young, Asst. County Attorney 2/6/2014 Faye W. outlaw, County Administrator 2/7/2014 Packet Pg. 61 7.C.4.a I FEB 05 2014 COUNTY ATTORNEY CLERK OF THE CIRCUIT COURT FINANCE DEPARTMENT INTEROFFICE MEMORANDUM To: Dan McIntyre, County Attorney From: Shai Francis, Finance Director Date: February 4, 2014 Subject: BOCC Record Destruction Attached is a list of Board of County Commissioner's records to be destroyed in accordance with state of Florida retention guidelines. We appreciate your assistance in placing these items on the agenda for Board approval as required by Florida Statute 28.31. Thank you in advance for your assistance in this matter. Shai Francis c 1 Packet Pg. 62 7.C.4.a 2013 Destruction Department Name of Record/Contents From FY To FY Item Numbers Boxes Retention Destruction Date Finance Insurance Records 10/1/07-9/30/08 Bank Recons. Scoast/Nat. City 2007 2008 111 1 5 2013 Finance Bank Statements -Recons. 2007 2008 85 1 5 2013 Finance Sales/Use/Local Option Tax Recordsl0/1/07-9/30/08 2007 2008 368 2 5 2013 A/P Disbursment Records JE280002-2806058 & AJE's 20810- 20811 2007 2008 340 8 5 2013 Finance Landfill -Journal Entries & Recons. 2007 2008 340 2 5 2013 Finance T Bals Interest 10/l/07-9/30/08 2007 2008 365 2 5 2013 A/P Clerk Disbursement Records 10/l/07-9/30/08 2007 2008 340 1 5 2013 A/P BOCC Batch Disbursement 10/1/07-9/30/08 2007 2008 340 1 5 2013 A/R Cash Receipts 2007 2008 365 18 5 2013 A/P Travel Records 2007 2008 52 1 5 2013 A/R Clerk CR 5468-5689 2007 2008 365 1 5 2013 A/P Clerk ACH H0000321-H0000469 2007 2008 365 1 5 2013 G & C Capital Improvments 3/31/1998 1998 1998 64 1 15 2013 Finance Investment Reports 10/l/02-09/30/03 Reports/Supp. 2002 2003 278 1 10 2013 A/P Disbursement Records 10/l/07-9/30/08 Clerk & Trst JE's 2007 2008 340 2 5 2013 A/R Recipt Revenue Books/ Fin/ A/R (only 1 out of 5 is Dest. Yr 2013- the other four are 08,12,15 & 16 ??) 2007 2008 365 5 5 2013 Finance American Exp. Clerk 2007 2008 340 1 5 2013 Finance Disb. Recs. BOCC Batch Disb. 10/5/07-10/22/08 2007 2008 340 1 5 2013 Finance Disbursment Records BOCC W List 1-56 Check Reg. 10/05/07-10/22/08 2007 2008 340 2 5 2013 A/R Clerk Deposit Books 2007 2008 365 1 5 2013 Finance Utilities Cash Receipts #1151-1269/1270-1394/1395- 1525 2007 2008 365 3 5 2013 A U O m Q Packet Pg. 63 7.C.5 ITEM NO. (ID # 1909) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney Starseeds Organics, LLC - Lease Agreement DATE 02/18/2014 *CONSENT AGENDA\COUNTY ATTORNEY Attached please find a copy of a proposed lease agreement between Starseeds Organics, LLC and the County for 37.46 acres, of which 12 acres are cleared, located on the northwest side of the St. Lucie County International Airport at 4600 Taylor Dairy Road. The site was formerly leased to an aquaculture firm but has been vacant for some time and has been subject to vandalism. In response to an inquiry from Starseeds, the County obtained an appraisal report on the property which indicated a market rental rate of $1,200.00 per month. A Call For Bids to lease the property was subsequently issued, and to Starseeds was the only bidder. Copies of the bid tabulation and bid documents are also attached. The lease provides for an initial 5 year term with rental payments of $1,200.00 per month deferred until September 1, 2014. Starseeds requested the rent deferral period due to the extensive amount of repair and renovation which will be required to bring the site back into operation. Beginning with the third year of the lease, the rent will be increased annually based upon the Consumer Price Index. PREVIOUS ACTION: FINANCIAL IMPACT: The proposed lease agreement will generate a base monthly rental rate of $1,200.00 beginning 6 months after the commencement of the lease and will be subject to an annual rental rate adjustment beginning in the third year of the lease based upon the CPI. fuel-kTi MLA RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 64 7.C.5 Coordination/Signatures A Heather Young, Asst. County Atkorney 2/7/2014 ;�,b bentkofsky, Depu y C myRIO,iskrat�/2014 Updated: 2/7/2014 1:00 PM by Melissa Simberlund Page 2 Packet Pg. 65 7.C.5.a LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and STARSEEDS ORGANICS, LLC, a Florida limited liability company, ("Lessee") In consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain real property and improvements located at 4600 Taylor Dairy Road, Fort Pierce, Florida, and more particularly described in Exhibit "A", attached hereto and incorporated herein, ("premises" or "leased premises") 2. PURPOSE. Lessee agrees to use the premises for an aquaponics operation. Within six (6) months of the date written above, the Lessee shall commence operations on the leased premises. Failure to commence operations within such period shall be considered a default under Paragraph 16 of this Lease. The use of the leased premised by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Lessor, the Federal Aviation Administration or its successor agency, or by St. Lucie County, the State of Florida or any other federal, state, or local agency having jurisdiction over the operations of St. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor, including but not limited to the Airport Leasing Policy, a copy of which is attached hereto and incorporated herein as "Exhibit "B," as may be amended from time to 1 Packet Pg. 66 7.C.5.a time. 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that is has made, or had an opportunity to make, a thorough and complete inspection of the leased premises and is fully advised of its condition, nature of construction, if any, and state of repair. Lessee fully accepts the leased premises in its present state of condition. Lessor warrants that Lessor has full authority to enter into this Lease. 4. INDEMNIFICATION AGAINST CLAIMS. The Lessee is and shall be an independent contractor and operator, responsible to all parties for all of its acts or omissions and the Lessor shall in no way be responsible for such acts or omissions. The Lessee shall and will indemnify and hold harmless Lessor from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the leased premises by the Lessee or its agents, servants, employees, customers, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Lessee or its agent, servants, employees, customers, patrons, or invitees, whether on the leased premises or surrounding area, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term of this agreement, in or about the leased premises or surrounding area (except for injuries, damages or claims which are the result of the primary negligence of the Lessor and for which the Lessor is legally, E Packet Pg. 67 7.C.5.a directly, and primarily liable). The Lessee hereby acknowledges that the payments made under this Lease include specific consideration for the indemnification provided herein. 5. NO LIENS CREATED. Lessee covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of Lessor in and to the property covered by this lease, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with Lessee, or furnishing materials or labor to Lessee, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of the lease. 6. OPERATION COSTS. Lessee agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, including telephone, gas, electricity, water and sewer, and all other expenses incurred in and use and operation of the leased premises. Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. Lessee shall be responsible for the payment of any and all ad valorem taxes and other taxes and/or assessments which may be assessed against the leased premises during the term of this Lease. 7. BANKRUPTCY OF LESSEE. Should Lessee, at any time during the term of this lease, file a voluntary petition in bankruptcy, or permit an involuntary petition in bankruptcy to be 3 Packet Pg. 68 7.C.5.a filed against it, or institute a composition or any arrangement proceeding under Chapter X or XI of the Chandler Act, or make any assignments for the benefit of its creditors, or should a receiver or trustee be appointed for Lessee's property because of Lessee's insolvency, and the appointment is not vacated within thirty (30) days thereafter, or should Lessee's leasehold interest be levied on and the lien not discharged within thirty (30) days after levy has been made, or should Lessee fail promptly to make the necessary returns and reports required of it by city, state and federal law, or should Lessee fail promptly to comply with all governmental regulations, city, state and federal, and should such failure in any manner jeopardize the rights of Lessor, then, and in such event, and upon the happening of either or any of such events, Lessor shall have the right, at its election, to consider the same a default on the part of Lessee of the terms and provisions of this lease, and, in the event of such default not being cured by Lessee within a period of thirty (30) days from the date of the giving by Lessor of written notice to Lessee of the existence of such default, Lessor shall have the option of declaring this lease terminated, and the interest of Lessee forfeited, or Lessor may exercise any other rights conferred upon it by this lease. The pendency of bankruptcy proceedings or arrangement proceedings, to which Lessee shall be a party shall not preclude Lessor from exercising any of its rights. In the event Lessee, or the trustee or receiver of Lessee's property, shall seek an injunction against Lessor's exercise of any right, such action on the part of Lessee, its trustee or receiver, shall automatically terminate this lease as of the date of the making of such application. In the event the court shall enjoin Lessor from exercising any of its rights, such injunction shall automatically terminate this lease. 4 Packet Pg. 69 7.C.5.a 8. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the leased premises, including grounds, furnishings, fixtures and personal property, if any, in a good state of repair and condition. Lessee shall comply with any aesthetic standards, which the Lessor may subsequently adopt for its leased properties. Lessee agrees at its expense to make all routine repairs to the leased premises, including electrical, plumbing, sewer, sewer conditions, and all other repairs that may be required to be made, including structural and air conditioner, and Lessee at its expense will keep the building interior, fixtures and equipment in a good state of repair, in good condition and at all times well painted. Lessee at its expense agrees to deliver to Lessor upon the termination of this lease the entire leased premises in a good state of repair and condition, ordinary wear and tear, and damage by the elements or by fire excepted. Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all repair and maintenance whatsoever to the premises. Lessee shall keep the premises at all times in a clean and orderly condition and appearance and all of Lessee's fixtures, equipment and personal property which are located on any part of the premises which are open or visible to the general public shall likewise be so kept and maintained. Lessee shall be responsible for the maintenance and repair of all fuel tanks and utilities service lines that Lessee is using (except common utilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers. Lessee shall, at all times during the term of this lease, take appropriate anti -erosion measures to prevent or restore erosion caused by Lessee, its agents, employees, or sublessees. In the event the Lessee fails in any material respect to so maintain, 5 Packet Pg. 70 7.C.5.a clean, repair, replace, rebuild the premises within a period of sixty (60) days after notice from Lessor to do so, or fails in any material respect diligently to pursue to completion such repair, replacement, or rebuilding, then Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace, or rebuild all or any part of the premises included in such notice, and cost shall be payable by Lessee immediately upon demand of Lessor. 9. SIGNS AND OBSTRUCTION LIGHTS. Lessee shall have the right to erect, maintain or display any signs or any advertising on the exterior of the leased premises or within the leased premises, provided that such signs and advertising comply with all FAA, local government and airport rules, regulations and ordinances. 10. TERM; TERMINATION. The term of this lease shall begin on , 2014, (hereinafter referred to as the "commencement date"), and shall on May 31, 2019. Delivery of the possession of the premises to Lessee shall be made on the date of this Lease. The term of this lease may be extended upon the mutual consent of both parties. Either party shall have the right to terminate this lease without cause upon one hundred eighty (180) days prior written notice to the other party. 11. RENT, SECURITY DEPOSIT, AND ANNUAL ADJUSTMENT. The Lessee shall pay as rent for the leased premises the sum of one thousand two hundred and 00/100 dollars ($1,200.00) per month, plus all applicable sales, use, and like taxes. The first rental payment shall be due on September 1, 2014. Thereafter, the monthly rental payments shall be due on the first day of the month. On the commencement date, Lessee shall pay a security deposit in the amount 0 Packet Pg. 71 7.C.5.a of six hundred and 00/100 dollars ($600.00). Such deposit shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shall be by check made payable to "St. Lucie County" and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all applicable sales tax imposed by federal, state and local governments. Beginning upon the commencement of the third year of the Lease and continuing each year thereafter, the Annual Rent shall be adjusted in accordance with the provisions herein below. Said adjustments shall be computed one (1) month prior to the end of the preceding Term, or Renewal Term, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The adjusted Annual Rent for the applicable Term or Renewal Term shall be determined by multiplying the Annual Rent then in effect for the Term of this Lease by a fraction, the numerator or which is the Consumer Price Index (All Items and Major Group Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as of three (3) months prior to the expiration of the Term, or the Renewal Term, as the case may be, and the date of commencement of this Lease. Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following the aforementioned calculation date. 12. INSPECTION OF PREMISES. Lessor or its agents shall have the right to enter the leased premises and the buildings and improvements constructed on them at all reasonable business hours on twenty-four (24) hours' notice for the purpose of inspecting the same, or for Packet Pg. 72 7.C.5.a any other purposes not inconsistent with the terms of this lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee or of any subtenants or occupants of the premises, except in the event of an emergency. At any time and from time to time during reasonable business hours within six (6) months next preceding the expiration of this lease agreement or immediately upon the determination by Lessor of abandonment or a breach of this lease by Lessee, Lessor shall have the absolute right to enter the premises for the purpose of exhibiting and viewing all parts of the same and to place and maintain on the premises "To Let" signs, which signs Lessee shall allow to remain without interference or hindrance. If, during the last month of the term of this lease agreement, Lessee shall have removed all or substantially all of its property from the premises, Lessor may immediately enter, alter, renovate and redecorate the premises. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 13. APPROVAL OF CONSTRUCTION. Prior to any construction upon the premises by Lessee, including any alterations, changes or additions, Lessee shall submit to Lessor complete building plans for such proposed construction, and prior to such construction, the written approval of plans must be given by Lessor and the St. Lucie County Planning and Development Services Department which approval will not be unreasonably withheld and any other applicable government or agency. 14. CONDEMNATION. If any part of the Premises shall be taken or condemned for a e Packet Pg. 73 7.C.5.a public or quasi -public use, and a part remains which is susceptible of occupation, the rent payable shall be reduced, commencing with the date title shall vest in the condemnor, to the amount determined by multiplying such rent by a fraction, the numerator of which is the areas of the Premises remaining after condemnation, and the denominator of which is the area of the Premises as of the date of condemnation. If Lessee determines that the remaining portion of the Premises is inadequate for the uses contemplated by this Lease, Lessee shall have the option to terminate this Agreement as of the date when title to the part so condemned vests in the condemnor. If all of the Premises shall be so taken, this Agreement shall terminate on the date when title to the Premises vests in the condemnor. If a part or all of the Premises be so taken or condemned, Lessee shall be entitled to that portion of any award for Lessee's loss of buildings and its furniture and fixtures, the cost of removing its property and the loss of the value of its leasehold interest in the land so taken. In the event of such taking, Lessor shall receive such portion of the award as is attributable to its reversionary fee interest in the land and any improvements comprising the Premises. Any portion of any condemnation award which is not specifically apportioned to Lessee, as aforesaid, shall be and become the property and belong to Lessor. 15. DEFAULT IN RENT. Lessee agrees promptly to perform, comply with and abide with this lease, and agrees that time of payment and of performance are of the very nature and essence of it. If any sums of money required to be paid by Lessee to Lessor shall remain unpaid for a period of ten (10) days after its due date and after ten (10) days written notice from Lessor stating that such ten (10) day grace period has expired, then Lessor shall have the E Packet Pg. 74 7.C.5.a following options and privileges: a. Lessor may declare one (1) year's rental as presently due and payable. Such declaration shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of Lessee to pay rent under the terms of this lease for the period unaffected by the declaration. b. Lessor may, after notice, terminate the lease. In addition to the options granted above, Lessor may exercise any and all other options available to it, which options may be exercised concurrently or separately with the exercise of the above options. 16. DEFAULT IN OTHER PROVISIONS. If Lessee shall default in the performance of any other term of this lease (except the payment of rent), then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor, including, but not limited to, the default in rent, remedies, procedures and rights specified in subsections 15(a) and 15(b) of this lease. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, Lessor shall not have the right to declare that 10 Packet Pg. 75 7.C.5.a lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the lease term ended and enforce all of its rights and remedies under this lease for any other default not so cured. 17. OWNERSHIP AT TERMINATION. Except as otherwise herein provided, all buildings, structures and fixtures of every kind now existing or hereafter erected, installed or placed on the leased premises are the property of Lessor and shall be left in good condition and repair, ordinary wear and tear by the elements excepted. A fixture is defined as an article which was a chattel, but which, by being physically annexed or affixed to the premises by Lessee and incapable of being removed without structural or functional damage to the premises, becomes a part and parcel of it. For the purposes of this Lease, agricultural operational equipment and fuel tanks shall not be considered fixtures and shall be removed by the Lessee upon termination of the lease. Nonfixture personalty owned by Lessee at the expiration of the term or earlier termination of this lease, for any reason, shall continue to be owned by Lessee, and at the time of such expiration or earlier termination, Lessee at its option may remove all such personalty, provided Lessee is not then in default of any covenant or condition of this lease; otherwise, all such property shall remain on the leased premises until the damages suffered by Lessor from any such default have been ascertained and compensated by the Lessee. Any damage to the premises caused by the removal by Lessee of any such personalty shall be repaired by Lessee forthwith at its expense. 18. INSURANCE. The parties agree to the following provisions pertaining to insurance: 11 Packet Pg. 76 7.C.5.a a. Fire and Extended Coverage Lessee shall, at all times during the term of this lease and at Lessee's sole expense keep the leased premises insured against loss or damage by fire and hazards customarily insured by extended coverage in an amount greater than or equal to the fair market value of the leased premises. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate Lessor as an additional named insured. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease, specifically providing that the insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to Lessor. a. Worker's Compensation Lessee shall carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. b. Liability Insurance The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage limits of not less than $1,000,000 for bodily injury and property damage as a result of any single occurrence concerning Lessee's operation of the leased premises. The described policies of insurance and all renewals of those policies shall be delivered to and held by the Lessor. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability specifically insuring this Hold Harmless paragraph. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non -renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease. C. Damaae or Destruction to leased premises Except as otherwise provided in this lease, if the premises or any part of them (including any leasehold improvements), shall be damaged 12 Packet Pg. 77 7.C.5.a or destroyed, Lessee shall, to the extent of the insurance deductible and insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Lessee. It shall be the Lessee's responsibility to repair or reconstruct the leased premises as appropriate. The Lessee shall be responsible for the payment of any deductible required under its insurance coverage. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased premises. If such a substantial portion of the leased premises is destroyed so that Lessee determines that Lessee cannot reasonably continue to utilize the leased premises until the same are repaired or replaced, then Lessee may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the holder of any leasehold mortgage which encumbers the leased premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any shall be paid to Lessor. 19. ASSIGNMENT AND SUBLEASING. Lessee may not sublease the leased premises, or any portion of those premises upon prior approval by the Lessor of the form sublease. Lessee shall not assign this agreement without the prior written consent of the Lessor. If Lessee is a corporation, partnership or other type of business entity other than an individual, there shall be no transfer of the control of such business entity without prior approval of Lessor, which approval shall not be unreasonably withheld. A transfer of control of the business entity shall be deemed to occur when the owner(s) of more than fifty percent (50%) of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, 13 Packet Pg. 78 7.C.5.a corporation or business entity. Any attempt to affect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. 20. NOTICES. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: Lessor: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Starseeds Organics, LLC 4520 NW Cove Circle Port St. Lucie, FL 34983 With copies to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 or to such other address(es) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 21. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 22. LEASE NOT EXCLUSIVE. Any term, provision or condition in this lease to the contrary notwithstanding, it is specifically understood and agreed that this lease is not exclusive, and that Lessor shall be entitled to lease to competitors of Lessee within the Lessor's property. 23. NONDISCRIMINATION. Lessee, in exercising any of the rights or privileges granted 14 Packet Pg. 79 7.C.5.a to it shall not on the grounds of race, color or national origin discriminate or permit discrimination against any persons or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 24. SUBROGATION. Lessor shall have the option, without waiving or impairing any of its rights, to pay any sum or perform any act required of Lessee, and the amount of any such payment and the value of any such performance, together with interest, shall be secured by this lease, and shall be promptly due and payable to Lessor. 25. STANDARD PROTECTION CLAUSES. Lessor reserves the right to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in the airspace such noise as may be inherent in the operation of aircraft, now known or later used, for the navigation of or flight in airspace, and for use of airspace for landing on, taking off from or operating on the St. Lucie County International Airport. Lessee expressly agrees for itself, its successors and assigns to restrict the heights of structures, objects of natural growth or other obstructions on the leased premises, to such a height so as to comply with Federal Aviation Regulations, Part 77, or any other applicable state, federal, or local regulation. Lessee expressly agrees for itself, its successors and assigns to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the St. Lucie County International Airport, or otherwise constitute an airport hazard. 15 Packet Pg. 80 7.C.5.a 26. INTEREST. All delinquent payments to Lessor shall bear interest at the rate equivalent to the quarterly interest rate set by the Florida Chief Financial Officer pursuant to Section 55.03(1), Florida Statutes, in effect as of the date of delinquency, but not less than ten (10%) per annum. Such interest shall be calculated from the due date after the expiration of any applicable grace period to the date of payment, on a daily basis, and will be due and payable when billed. 27. FORFEITURE. If Lessee shall fail to keep and perform any of the covenants, conditions, and agreements in this lease provided to be performed by Lessee, and such default is not remedied within the grace period provided elsewhere in this lease, Lessor shall have the right to treat such default as intentional, inexcusable and material, and Lessor, by notice in writing transmitted to Lessee, may at its option declare Lessee's interest under this lease ended and without further force. Thereupon, Lessor is authorized to re-enter and repossess the leased premises, and the buildings, improvements and personal property located on them, either with or without legal process, and Lessee does in such event waive any demand for possession of the property, and agrees to surrender and deliver up the leased premises and property peaceably to Lessor. In the event of such forfeiture, Lessee shall have no claim whatsoever against Lessor by reason of improvements made upon the premises, rents paid, or from any other cause whatsoever. The provisions of this paragraph shall not be construed so as to divest Lessor, in the event of such default, of any legal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to lessor a cumulative remedy, in addition to such other remedy 16 Packet Pg. 81 7.C.5.a or remedies as the law afford a Lessor when the terms of a lease have been breached by a Lessee. 28. NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this lease in any one or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the leased premises or of the remained of the term shall be valid unless accepted by Lessor in writing. Lessor shall be under no duty to relet the premises in the event of an abandonment or surrender or attempted abandonment or attempted abandonment of the leased premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the premises, Lessor shall have the right to retake possession of the leased premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 29. REMOVAL OF LESSEE'S PROPERTY BY LESSOR. If, under the terms of this lease agreement, Lessee is entitled to remove its property from the premises, but shall fail to do so on or before the termination or expiration of the term or on or before the termination or expiration of this lease agreement for any other cause specified herein then Lessor may remove such property and retain the same in its possession, and may sell the same at public auction, the proceeds of which shall be applied first to the expenses of such removal and storage and sale, and the balance paid to Lessee upon the demand of Lessee, providing that the proceeds of such sale exceed the expenses of such removal, storage and sale. 17 Packet Pg. 82 7.C.5.a 30. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Premises throughout the lease term without interference, hindrance or molestation. Wherever this lease requires Lessors consent or approval such consent or approval will not be unreasonably withheld. 31. DATE OF THIS AGREEMENT. Any reference in this lease to the words "date of this agreement" or "date of this lease" shall be deemed to be the date this lease is executed by the party last executing same. 32. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto This Agreement shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Agreement and this Agreement, shall be interpreted in favor of this Agreement. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 33. VENUE. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a 18 Packet Pg. 83 7.C.5.a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 34. ENVIRONMENTAL COMPLIANCE: ENVIRONMENTAL CONTAINMENT AND REMOVAL a. Lessee acknowledges and agrees that the County makes no representations or warranties whatsoever as to whether any pollutant, or hydrocarbon contamination, hazardous materials, or other contaminates or regulated materials (collectively, "Materials") exist on or in the Premises or the improvements in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of any federal, state, County, or local court or entity with jurisdiction of such matter. It shall be the responsibility of the Lessee to make sufficient inspection of the Premises and the improvements to satisfy itself as to the presence or absence of any such Materials. Lessee shall provide the Airport Director, if requested at any time, with a list of all hazardous, bio-hazardous, or other Materials stored, used, generated or disposed of on the Premises. Lessee agrees to comply with all existing and future federal, state, local and County environmental laws, ordinances and regulations, and the requirements of any Development Order covering the Airport, issued to the County pursuant to Chapter 380, Florida Statutes, including without limitation those addressing the following: 1. Proper use, storage, treatment and disposal of Materials, including contracting with a licensed hazardous waste transporter and/or treatment and disposal facility to assure proper transport and disposal of hazardous waste and other regulated Materials; 2. Proper use, disposal and treatment of storm water runoff, including the construction and installation of adequate pre- treatment devices or mechanisms on the Premises, if applicable; 3. Adequate inspection, licensing, insurance, and registration of existing and future storage tanks, storage systems, and ancillary facilities to meet all County, local, state and federal 19 Packet Pg. 84 7.C.5.a standards, including the installation and operation of adequate monitoring devices and leak detection systems; and 4. Adequate facilities on the Premises for management and, as necessary, pretreatment of industrial waste, industrial wastewater, and regulated Materials and the proper disposal thereof. The release of any Materials on the Premises, or as a result of Lessee's operations at the Airport, that is in an amount that is in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of any federal, state, or local court or governmental authority, by Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or its sublessees, whether committed prior to or subsequent to the date of execution of this Agreement, shall be, at the Lessee's expense, and upon demand of County or any of its agencies or any local, state, or federal regulatory agency, immediately contained or removed to meet the requirements of applicable environmental laws, rules and regulations. If Lessee does not take action immediately to have such Materials contained, removed and abated, the County or any of its agencies may upon reasonable notice to Lessee (which notice shall be written unless an emergency condition exists) undertake the removal of the Materials; however, any such action by the County or any of its agencies shall not relieve the Lessee of its obligations under this or any other provision of this Agreement or as imposed by law. No action taken by either the Lessee or the County to contain or remove Materials, or to abate a release, whether such action is taken voluntarily or not, shall be construed as an admission of liability as to the source of or the person who caused the pollution or its release. As use in this Agreement, Lessee's operations and Lessee's actions and words of similar import, shall include all actions and inaction by Lessee, by its sublessees, or by any of their officers, employees, contractors, subcontractors, invitees, or agents. As required by law, Lessee shall provide the federal, state, County and local regulatory agencies with notice of spills, releases, leaks or discharges (collectively, Release of Materials on the Premises or on the Airport property which exceeds an amount required to be reported to any local, County, state, or federal regulatory agency under applicable environmental laws, rules and regulations, which notice shall be in accordance with applicable environmental laws, rules and regulations. Lessee shall further provide the Airport Department with written notice within one (1) business day following commencement of same, of the curative measures, remediation efforts and/or monitoring activities to be effected on the Premises. Lessee shall have an updated contingency plan in effect relating to such releases which provide minimum standards and procedures for storage of regulated Materials and other Materials, prevention and containment of spills and releases, and transfer and disposal of zo Packet Pg. 85 7.C.5.a regulated Materials and other Materials. The contingency plan shall describe design features, response actions, and procedures to be followed in case of releases or other accidents involving hazardous Materials, bio-hazardous Materials or petroleum products or other Materials. The Lessee agrees to permit entry at all reasonable times, of inspectors of the County and of other regulatory authorities with jurisdiction. The Airport Department, upon reasonable written notice to Lessee, shall have the right to inspect all documents relating to the environmental condition of the Premises, including without limitation, the release of any Materials at the Premises, or any curative, remediation, or monitoring efforts, and any documents required to be maintained under applicable environmental laws, rules and regulations pertaining to the Airport including, but not limited to, manifests evidencing proper transportation and disposal of Materials, environmental site assessments, and sampling and test results. Lessee agrees to allow inspection of the Premises by appropriate federal, state, County, and local agency personnel in accordance with applicable environmental laws, rules and regulations and as required by any development order issued to the County pertaining to the Airport, pursuant to Chapter 380, Florida Statutes. If the County arranges for the removal of any Materials on the Premises that were caused by the Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or its sublessees, all costs of such removal incurred by the County shall be paid by Lessee to the County within ten (10) calendar days of County's written demand, with interest at the rate of eighteen percent (18%) per annum thereafter accruing. Lessee shall not be liable for the release of any materials caused by anyone other than Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or any of its sublessees. Nothing herein shall relieve Lessee of its general duty to cooperate with the County in ascertaining the source and, containing, removing and abating any Materials. The Airport Department shall cooperate with the Lessee with respect to Lessee's obligations pursuant to these provisions, including making public records available to Lessee in accordance with Florida law; provided, however, nothing herein shall be deemed to relieve Lessee of its obligations hereunder or to create any affirmative duty of County to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with County codes, ordinances, rules and regulations, federal laws and regulations, state and local laws and regulations, development orders and grant agreements. The Airport Department and its employees, contractors, and agents, upon reasonable written notice to Lessee, and the federal, state, local and other County agencies, and their employees, contractors, and agents, at times in accordance with applicable laws, rules and regulations, shall have the right to enter the Premises for the purposes of the foregoing activities and 21 Packet Pg. 86 7.C.5.a conducting such environmental assessments (testing or sampling), inspections and audits as it deems appropriate. The Lessee hereby agrees that upon any assignment of this Lease, and at any time during the last year of the term of this Lease, and at any time during the year following any termination of this Lease, the County shall have the right to require Lessee to conduct an Assessment and Facility Exit Inspection of the Premises, at the Lessee's expense. If documentation warrants, the County shall have the right to require the Lessee to conduct a further assessment of the Premises at the Lessee's expense which may include, but shall not be limited to, soil and water samples. If any assessment or inspection indicates that further actions should be conducted, then the County shall have the right to have such further actions conducted at the Lessee's expense. Nothing herein shall be construed to limit County's right of entry onto the Premises pursuant to other provisions of this Section or of this Agreement, or pursuant to its regulatory powers. Lessee shall reimburse to the County the cost of such assessments and inspections as are chargeable to the Lessee pursuant hereto, within ten (10) calendar days following written demand therefore, with interest at the rate of eighteen percent (18%) per annum thereafter accruing. In the event County shall arrange for the removal of Materials on the Premises that are not the responsibility of the Lessee to correct, and if any such clean-up activities by County shall prevent Lessee from using the Premises for the purposes intended, the rent shall be abated in accordance with Section 18, hereof, from the date that the use of the Premises for its intended purposes is precluded and until the Premises again become available for the Lessee's use. County shall use reasonable efforts to not disrupt Lessee's business, however, in no event shall Lessee be entitled to any amount on account of lost profits, lost rentals, or other damages as a result of County's clean-up activities. The provisions of this Section shall survive the expiration or other termination of this Agreement. 35. PUBLIC RECORDS. The Lessor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. Specifically, the Lessee shall: a. Allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Lessee in conjunction with this Lease. zz Packet Pg. 87 7.C.5.a b. Keep and maintain public records that ordinarily and necessarily would be required by the Lessor in order to perform the service. C. Provide the public with access to public records on the same terms and conditions that the Lessor would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. [The next page is the signature page.] 23 Packet Pg. 88 7.C.5.a IN WITNESS WHEREOF, Lessee has executed this Lease Agreement on this day of WITNESSES 2014. STATE OF FLORIDA ) COUNTY OF ) STARSEEDS ORGANICS, LLC BY: NAME: TITLE: BEFORE ME, the undersigned authority, personally appeared , being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this _ day of 12014. Personally Known Produced Identification _ Notary Public Type of Identification Produced State of Florida My Commission Expires: (Notary Seal) 24 Packet Pg. 89 7.C.5.a IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this .2014. ATTEST: DEPUTY CLERK STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY day of BEFORE ME, the undersigned authority, personally appeared Frannie Hutchinson, Chair of the St. Lucie County Board of County Commissioners, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed on this day of .2014. Personally Known_ Produced Identification _ Type of Identification Produced: 25 Notary Public State of Florida My Commission Expires: (Notary Seal) Packet Pg. 90 7.C.5.a EXHIBIT "A" LEGAL DESCRIPTION OF LEASED PREMISES The Northwest % of the Southeast X, less the North 50 feet for Indrio Road right of way, and less the West 4 feet for Ft. Pierce Farms Drainage District Canal #3, and less the East 50 feet of the West 54 feet for road right of way, lying and being in in Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida. 26 Packet Pg. 91 7.C.5.a EXHIBIT "B" AIRPORT LEASING POLICY (ATTACHED) v A r a Packet Pg. 92 St. Lucie County International Airport LEASING POLICY AND PROCEDURE 12/12/06 Policy The St. Lucie County Board of County Commissioners (Board), as the governing agency controlling the St. Lucie County International Airport, is responsible for leasing Airport land according to Local, State, and Federal law including, but not limited to, the guidelines and grant assurances of the Federal Aviation Administration (FAA), the Florida Department of Transportation (FDOT), County Code of Ordinances, Land Development Code, and Resolutions adopted by the Board. It is the policy of the Board to lease property on Airport for aviation purposes as a first priority. If there is no aviation purpose that can be identified for a site available for lease, the Board will consider non -aviation or interim proposals. Authority to Lease All leases and subleases require the approval of the Board of County Commissioners. The Board must also approve all amendments to such leases. The Board has in the public interest, the right to: 1. Impose and update from time to time fair and reasonable operating requirements and standards for commercial and non-commercial activities that are conducted on airport property. 2. Impose and adjust from time to time fair and reasonable fees, rents, or other charges, for the privilege of conducting commercial and non-commercial activities upon Airport property, the proceeds of which are to be used to pay for operating, maintenance, and development expenses of the Airport. The rates and fees charged by the Airport are meant to be structured to make the Airport as self-sustaining as possible, while ensuring fair and reasonable rates. No person, group of people, firm, or corporation shall locate a commercial business activity within the boundaries of the St. Lucie County International Airport without the written approval of, or under the specific terms and conditions of, a lease agreement or other operating agreement with the Board and, as necessary, approval by the Federal Aviation Administration. No one shall enter upon airport property for the purpose of conducting any commercial activity that is competitive to any existing airport tenant without the written approval of the Board, and when necessary, the Federal Aviation Administration. Land Uses Land uses on the Airport are described in the Airport Master Plan and Airport Layout Plan, which have been developed and periodically updated along with any associated environmental impact documents. These documents are reviewed and approved by the FAA, FDOT, and the Board, following a public review and input process. These documents serve to guide Airport staff in making land use leasing recommendations to the Board for approval. The lease documents specify the allowed uses of airport land and any land use restrictions that may apply. At the Board's sole discretion, interim uses may be permitted if the demand for the highest and best use for the property is delayed due to market conditions Interim uses would be considered for shorter term leases. Competitive Lease Proposals Airport property identified for aviation uses may be leased without seeking competitive proposals when it is in the best interest of Airport, such as when supporting community aviation needs. This is usually done only when there is a surplus of airport land available for lease, and when not more than one party has expressed an interest in leasing a particular parcel of land. In some instances, lessees that adjoin a vacant parcel may be given the first opportunity to lease the adjoining parcel. Periodic appraisals or Packet Pg. 93 7.C.5.b market analyses will be used to establish lease rates. The potential tenant is leasing property in an AS IS condition and must use due diligence in investigating the condition of the site or facilities. If more than one party is interested in bidding on a non -aviation (including industrial) lease, competitive proposals may be after establishing a starting rent through an appraisal process or market analysis to set fair market value. If used, this process will involve Board review and selection of the proposal based on financial standing, lease rate, ability to construct in a timely manner, provisions for any unmet aviation segment to serve the general aviation or commercial service needs, and investment in, and appearance of the facilities to be constructed. Operating fees or percentage of gross sales may alternatively be used in determining a rental rate for non -aviation uses such as hotels, rental car facilities, and restaurants. A minimum deposit of three months of rent will be required on the execution of any lease, which can be returned to the Lessee at the end of the lease if the Lessee leaves the property in good condition, normal wear and tear excepted, has removed and appropriately closed all fuel or other storage tanks, and after all rent due is paid. Lenath of Lease Term To allow the County the greatest flexibility in making land use decisions over time, lease terms are generally limited to the shortest term possible, especially for interim uses. When necessary, fixed -term leases are granted for the minimum number of years to allow a lessee to amortize, and receive a reasonable return on, the lessee's investment in leasehold improvements. A formula to determine term based on investment is to grant one year of lease term for each $5,000 invested per acre of leased land, with an initial term for aviation leases not to exceed 40 years. Accordingly, to qualify for a forty -year term on a 5-acre parcel, a lessee would have to invest $1,000,000 in approved leasehold improvements ($5,000 x 5 acres x 40 years = $1,000,000). The $5,000 per acre per year formula for determining the length of lease term is a minimum requirement. Airport industrial land leases typically have the same minimum investment requirements, at $5,000 per acre per year, with an initial lease term of 40 years. Extensions of term beyond this timeframe may be negotiated subject to the additional investment as noted above. Both aviation and industrial leases will be subject to periodic adjustments to keep pace with the rising cost of land. Lease terms for other non -aviation use properties may have different investment requirements and longer or shorter lease terms based on the proposed use. Leases where there is no investment by the lessee will be on a month -to -month basis, depending on the circumstances. Fair Market Rental It is a policy of the Board, and a requirement of the FAA and FDOT, that the Airport receive fair market value based on the highest and best use when leasing airport land. As noted above, interim land uses may be allowed if the demand for the highest and best use is delayed due to market conditions. Achieving fair market value usually starts with an appraisal requisitioned by the Airport, followed by negotiations between Airport staff and the lessee, or prospective lessee, to reach agreement on terms. The County typically negotiates for a rent based on an 8% return on the appraised value of the land or as recommended by a qualified appraiser based on market conditions. Restaurants, hotels, rental car facilities, and certain other land uses, usually result in rentals based on a percentage of the lessee's gross income, as is customary for such leases. Leases with a term exceeding ten years in length shall provide for renegotiation of rent to market value at ten-year intervals. Annual adjustments based on Consumer Price Index (CPI) or 2 %, whichever is greater, will be required in intervening years to ensure that the value of land leased adjusts accordingly. Lease Contracts and Leaal Review County lease contracts are intended to transfer to the lessee the liabilities associated with possession and control of real property regarding compliance with all federal, state and local laws and regulations, including those pertaining to the use, storage and disposal of hazardous materials and maintenance of the facility. All County leases shall be written on a form approved by County Attorney's Office and shall, at a minimum, conform to local/regional standards of tenant responsibility and liability and consistency Packet Pg. 94 with all FAA and FDOT guidelines and grant assurances. County leases may contain more restrictive clauses than private sector leases to better protect the public interest. The County requires strict compliance with the Airport's security program and all federal, state and local laws, particularly environmental laws such as hazardous materials management, spill control and counter measures plans, and storm water pollution prevention regulations. Any violations caused by the tenant for failing to comply with any of the federal, state or local laws will be the sole responsibility of the tenant. Lease language may be periodically updated to reflect changes in real estate law and to meet changing economic and other risks associated with the ownership of land. During the term of a lease, lease amendments may be agreed to between the parties to effect changes to the rent or other economic lease provisions, or to update antiquated lease language that no longer protects one or both of the parties as originally intended. Construction of Leasehold Improvements Airport leases typically require the construction of leasehold improvements, which will be owned by the lessee during the term of their lease and which will revert to the ownership of the County at the end of the lease term. Height restrictions, lot -line set backs, parking requirements, building design, quality of construction, and other requirements are controlled by the County' Land Development Code, County building code requirements, and FAA design standards. A performance bond may be required to guarantee the timely construction of required leasehold improvements. A potential lessee that has a conceptual approval from the Board has no more than 90 days for a due diligence period prior to entering a lease with the County for the land. This 90-day period should include filing a site plan/conditional use applications, completing an environmental phase 1 audit if desired, and submitting an FAA airspace study. If development does not occur in a timely fashion (18 months), the performance bond and all rights to leasing the property may be forfeited. Exceptions may be allowed by the Board, but this must be based only on reasons beyond the control of the potential lessee. Lease Extensions Existing Tenants and Equity A lease extension may be granted to a tenant who has fully complied with all terms and conditions of the lease, including timely payment of rent, and if granting an extension would be in the best interests of the County. Existing tenants may submit a request for a new lease six months prior to the end of their lease. The County is not obligated to accept such a request, but will consider all proposals, evaluating them in light of the following criteria: • Existing/proposed use must be consistent with Airport Layout Plan, Master Plan, Zoning, Comprehensive Plan, and other relevant land use planning documents. • County must determine that there is no immediate need for the land after the current lease expires. • Lessee must be in good standing (i.e., compliant with existing lease terms including timely payment of rent and other operating fees). • New capital investment shall apply to qualify for a term in excess of the current termination date at current standard (see "Length of Lease Term" above). • County shall determine whether or not the public interest would be better served by allowing the lease to expire so that potential new tenants may participate in a competitive selection process. • If the developments on the site are to revert to County ownership, the County may chose to retain ownership of the facilities and to lease these improvements back to the Lessee with the extended lease term, or the County may require payment for the present value of its reversionary interest in the leasehold improvements. It is the practice of the Airport to negotiate lease extensions when it is in the best interest of the aviation community or when a surplus of land is available for lease and there is no written notice of interest by third parties in bidding on the particular parcel of land covered by the expiring lease. Packet Pg. 95 Typically, Airport leases provide that at the end of the lease the improvements will become the property of the County regardless of who originally installed the improvements. If a lease is extended prior to the expiration of its term, the County may require payment for the present value of its reversionary interest in the leasehold improvements. This interest is referred to as Equity. The amount of equity is based on appraising the value of the improvements as of the end of the lease, and discounting that value to a present value. Typically, an appraisal is done by the Airport to establish this value, and negotiation may ultimately be involved to settle on terms acceptable to both the County and the lessee. The County will permit an amortization of the equity it is owed, with interest, over a period of months not to exceed approximately 50% of the extended lease term. The purchase of the County's equity interest by the lessee, whether by cash payment or amortization, may be counted as part of the investment requirement in establishing the length of extended term, as discussed above under "Length of Lease Term". Procedure for Granting a New Lease to an Existing Lessee for a Longer Term At times, part way though an existing lease, a Lessee may express interest in constructing new capital improvements in exchange for an extension of a lease. This can be in the County's best interest because: (1) it provides for new and improved aviation and/or industrial facilities earlier than if Airport was to wait until the lease terminates; (2) it prevents deferred maintenance, which can be common in the final years of a long term lease; and (3) it allows a successful business to continue on at the airport. The initial term for leases is typically 40 years or less. The procedure for a lease extension includes: 1. County receives a written request from Lessee, proposing a new lease. 2. County staff reviews Lessee's proposal to determine if: • Lessee is in good standing and provides a valuable service to the local aviation and/or business community. • The existing or proposed use is appropriate and consistent with the Airport Layout Plan, Master Plan, Zoning, Comprehensive Plan, and any other relevant land use planning documents. • The existing use is an interim use and it may be in the best interest of the County to allow the use to continue until market demand necessitates the change in use at the County's sole discretion. • No written Notice of Interest by other parties to bid on this premises have been received by County. • County has no need for this area upon the termination of the existing lease. 3. If it is determined that it is appropriate to enter into a new lease, County Attorney's Office will draft a written lease amendment to Lessee, subject to Board approval. This proposal will detail the Capital Improvement Requirements and the Equity Payment that may be paid to County for postponement of County's reversionary interest in the property. 4. Upon acceptance by Lessee, the proposal is placed on the agenda for the Board to approve the lease. There is public notice of all items on the Board Agenda and public comment on any item is accepted upon request. Packet Pg. 96 7.C.5.c PURCHASING DEPARTMENT MEMORANDUM TO: John Wiatrak, Airport Manager FROM: Desiree Cimino, Purchasing Manager R1 �D DATE: November 20, 2013 RE: BID #14-003 Property Lease at 4600 Taylor Dai f AIRi��RT Ft. Pierce, Florida y , , STtuciEcourrry Please review the enclosed tabulation sheet and submittal for subject bid. If we can be of any further assistance, please contact me at extension 3581. 'm Packet Pg. 97 BOARD OF COUNTY COMMISSIONERS TABULATION SHEET — RFP# 14-003 PURCHASING DEPARTMENT PROPERTY LEASE AT 4600 TAYLOR DAIRY ROAD, FT. PIERCE, FLORIDA OPENED: NOVEMBER 20, 2013 @ 4:00 PM One (1) Submittal was received for subject proposal: STARSEEDS ORGANICS LLC Contact: Dianne Sherwin Phone: 772-408-g Fax: NIA Address: 4520 NW Cove Circle, Port St. Lucie, FL 34983 NUMBER OF COMPANIES NOTIFIED*: 107 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 3 NUMBER OF BIDS RECEIVED: 1 * - Per demandstar.com 7.C.5.c 'm a Packet Pg. 98 I F FP #14-003 (4600 Taylor Dairy Road) APPLICATION FOR PROPOSAL TO LEASE PROPERTY DATE RECEIVED: 1. Name of firm or individul I (as would a !pe o ff I se)- 2. Principal Address: wo c 3. Contact. Person/Title:_,,��`�'i��a E 4. Telephone Number of Contact Person; Q 5. Proposed Lease Area ;(8E E EXHIBIT!'C" TO THIS RFP) N A. Location/Descri tion: 37.46 A re Parcel located at 4600 Taylor Dairy Road, Fort Pierce, FL 34946 B. Approximate Sq are Footage: ; l2,144 s.f. of existing buildings v C. Existing Improvements: Utiliti�s available on site, seven buildings, dirt driveway I e? 6. Type of Business Entity# Corporation Partnership Joint Venture individual 7. If a Corporation, answer, following. A. Where incorpor�4ed: )� Iayf /� B. When incorporated: / Ik/1 cg ey s T C. The corporation is held: Publ ic}y Privately --1 i n corporation, date of registration wi h Florida Secretary of State, and name and ad resa a E. Furnish the name, title, and address of each officer, direct-- , and principal shareholder owning 100/ or morelof the corporation's issued stock: Address: Al W C ocl Z Principal Business EAffiliation Other Than Proposer's Directorship. Position: Principal Shareholder's Name: 1 Address: ! 8. If a Parts hip, answeq the following: A. Date o z tion: B. General partners imited� partnershi C. Partnership Agreement reco sY� Date Book Page Location: O m a� on E Q Packet Pg. 99 7.C.5.c i D. Name, address and partnership share of each general partner: In s /1 Name: Share W 9. If a Joint Venture, answel r the following: A. Date of organiz; tion: ement recor d: Yes () No ( ) Date Book Page L. cation- C. Name, address and partnership share of each general partner: ------. Name: Address,, - Share W 10. Bankruptcy Informatio : Has the proponent or one of the individuals listed above ever declared bankruptcy? Yes ( ) Now` If yes, 9tat e date, cburtjurisdictiod, amount of liability and amount of asset: 11. Please list all defaults or terminations for cause in past contracts, leases, foreclosures etc in the last 5 years.; 12. Financial References.. List a minimun proponent has leased 'omercial pri during the past three (�m ) years. If a fh person who 'may be contact d. Reference Name: J Title: Address: I T Telephone:_ Nature of Association': Reference No. 2: Firm: Address: of four (4) individuals or firms with whom the )erty or conducted significant financial transactions m i is listed, state the name of the department and/or c as z Packet Pg. 100 7.C.5.c Telephone:_ Nature of Association: Reference No. 3: Name'-____ Firm: j Title: Address: Telephone:_ Nature of Association: j Reference No, 4: Firm: Title: Address: Telephone:_ j Nature of Association: 13. Operational Reference�s) : List a minin the proponent's ability to operate a b department and/or firm; to be contact, Reference No. 1: Name: Firm: Title: Address: Telephone: Nature of Association': Reference No. 2: Firm: Title:..: j Address: Telephone: j Nature of Association: Reference No. 3: Name: Firm: Address: Telephone:' j Nature of Association:' Reference No. 4: Name: Fir Title. j Address:, aD m J of four (4) individuals or firms with knowledge of Lj ass. If a firm is listed, state the name of the i 09 O N d m L M CO CD 0 as 'm m d N L c E z c� Packet Pg. 101 7.C.5.c Telephone: _ Nature of Association: 14. Construction Plans: (If A. Estimated comment B. Estimated completi.c C. Estimated total built D. Estimated cost of cc E. Nature of. planned ci 15. Additional Information: uniformity of informatio information:.' J A. Projected employmll B. Jmpacts on the Com� C. Price permonth (mil D. Any exceptions to tH E. Any other informati6 NO PROPOSAL SIGNED BELOW Individual: Witnesses: D/ B/A: Partnership or Joint sign) Name of Partnership Partner or Joint V`e Witnesses: _ Partner, or Joint Ve phases plann ement date: n date: ing(s) square struction: , indicated requested information for each phase.) planned: o aid in the piroperevaluation of all proposals and to ensure submitted, etch proponent must include at a minimum the following it levels: C9 /4 iunity: mum bid $1,2'00.00/per m onth) . 1� per month information requested: _ which may be valuable to the County in evaluating the proposal: i BE ACCEPTED UNLESS ;E APPROPF,IATE: "I Name: 11nture: (At least two (2) partners or each of the joint ventures must i r Joint Venture B y: Corporation: The duly authorized offigers must sign as follows: The u dersigned by execution of this] Proposal Form, certifies thatsW is� _ of the corporation named below; that sS* ed this Proposal orm fora on behalf] of the below named corporation; and that he is authorized to execute same for and on behalf of said corporation. Name of Corporation Ms -s�.CS By: Secretary President m Packet Pg. 102 7.C.5.c Upon signing of the lease. Ongoing fixing, repair and reconstruction of'vandalism and damage to property, commencing upon signing of lease. N.C. To be determined 14.D. To be determined 14.E. Clearing of trees to utilize rest bf vacant property, Ieaving a treed property line as required. Possible construction of additional green houses, processing, bottling and shipping buildings. Also construction of very large cement ''curing slab. 15.D. I am requesting that no deposit be required because of the extensive destruction; and damaged condition of everything on this property due to vandalism and removal of everything of value from this property and also it tieing abandoned for the past almost 9 years. There is nothing there that needs to be protected by a deposit of an' amount. 1 am also requesting that the resit not start until 6 months after the initiation of this lease due to the extensive repairs required to nhke this property operational which will require plans, permittin as well as the work to be performed gel Yf 15.E. V( %rugs ,/ar „i ��-ie-<�ar2. I am very willing to expend thel required cash outlayand hard work required qurrcd to rriake this property into a viable positive cash flow company, which will make this property a very posi ve asset for the County. Thank you for your consideration and look forward to masking this a great projct for all concerned Packet Pg. 103 7.C.5.d D. Name, address and partnership share of each general partner: Name: _ Address: Share %: If a Joint Venture, answer the following: A. Date of organization: B. Joint Venture Agreement recorded: Yes () No ( } Date Book Page Location C. Name, address and partnership share of each general partner: Name: Address: Share %: 10. Bankruptcy Information: Has the proponent or one of the individuals listed above ever declared bankruptcy? Yes ( ) No ( ) If yes, state date, court jurisdiction, amount of liability and amount of asset: 11. Please list all defaults or terminations for cause in past contracts, leases, foreclosures etc in the last 5 years. 12. Financial References: List a minimum of four (4) individuals or firms with whom the proponent has leased corn mercial property or conducted significant financial transactions during the past three (3) years. If a firm is listed, state the name of the department and/or person who may be contacted. Reference Name: Firm: Title: Address: . Telephone: Nature of 4 Reference 2: Name: Firm: AC 67 Title: Address Ar Packet Pg. 104 7.C.5.d Telephone: — Nature of Association: C_ Reference. No. 3: Name: - ,' Firm: CK Title: Address: 0.5 Telephone:_ Nature of Association: - Reference No. 4: Dq Name: ZZ Firm: - Title: Address: O Telephone:--Z2 Nature of Association: -� 13. Operational References: List a minimum of four 4) individuals or firms with knowledge of the proponent's ability to operate a business. If a firm is listed, state the name of the department and/or firm to be contacted. Reference No. I - Name: nAs s' Q '� a r r o� -- Firm:f Title: Address: 4- Telephone: y 1 Nature of Association: y/,s" Reference No. 2: , , Name: s�'% el �i f/ AQa 7`` 74'e W ® _ Firm: Title: Address: Telephone: Nature of Association: N E a� L 0 y m V/�3� �y�7•er ��� °' L a,,wk �„� <� y a 6 %-may �� .� � ev Reference No. 3: Name: `CZ< 9. — Firm: •y"6 e-- . Title: /ham - Address: Telephone: 17 - Nature of Association: � Reference No. 4- Name: Firm: Title: Address: ._— ' 7 Telephone: A- e — Nature of Association: „ &Sov / r � F5 .s- Tv -,w eX 4 T" .,- Packet Pg. 105 Property Appraiser - St. Lucie County, FL http://www.pasle•org/pasle/pre.asp?prelid-33442206 4el' �e_ _CkeW7 4_1"1/ PROPERTY RECORD CARD (JjVf HoiTNguyen Record:lo «Prey Next» 5pAssm l Taxes Exemptions erntits Hom Property Identification l� Site Address: 762 NW ORCHID ST ParcelfD: 3420-620-1732-000-0 5ecffownlRange: 19:36S:40E Account #: 168234 .'.. Map ID: 34119N Use Type: SF Res Zoning: RS-2 CitylCnty: Port Saint Lucie Ownership and Mailing Legal Description Owner: Hoi T Nguyen PORT ST LUCIE-SECTION 25- BLK 66 LOT 16 (MAP 34119N) (OR Address: 762 NW Orchid St 3535-666) Port St Lucie FL 34983 Sales Information Assessment 2013 Total Land and Building Date Price Code Deed Book/Page 2013 Final: 158100 Land Value: 7600 Acres: 0.23 6/14/2013 179900 0001 W❑ 3535/0666 Assessed: 158100 Building Value: 150500 2/22/2013 155000 0001 WD 349011710 Ag.Credit: 0 Finished Area: 2502 SgFt 4/30/2008 100 01 QC 2971/2862 Exempt: 4/23/2004 96000 02 WD 2000/2133 Taxable: Taxes: 3886.59 BUILDING INFORMATION Exterior Features View: RoofCover: ExtType: HB+ - HB+ YearBlt: Grade: B+ - B+ EffYrBit: StoryHght: 0010 - 1 Story No.Units: Interior Features BedRooms: 4 Electric: FullBath: 3 HeatType: 1/213ath: 0 HeatFuel: %A/C: 100 %Heated: Special Features and Yard Iterns Type Y/S Qty. Units Qual, Cond. YrBlt DWBP - Drive-BrkPav Y 1 1440 AV AV 2007 TN - Metal RoofStruct: HP - Hip 2007 Frame: 2007 PrimeWall: BS - CB Stucco 1 SecWall: MX - MAXIMUM PrmintWall: DW - Drywall FHA- FrcdHotAir AvgHtlFl: ELEC - Electric Prm.Flors: CT - Tile -Ceramic 100 %Sprinkled: 0 Land Information No. Use Type Type Measure Depth 1 0100-SF Res BI-Front Ft 80 125 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. uJ N v C L JT d L M to r-� C N E t t� R r Q I of 1 Packet Pg. 106 http:/1www.paslc.orgtpaslc/basearea.asp?sketch=11680 uetana F'a1Ca1 ILI: l;afn NUIMer. 1 AcoDum Numoer: ltju34 5 35 8 OPW1 IY 7 ( ail 6 35 BA9 (zsAs� 21 18 GAA n z (482) k1 il� APA1 (3os1 5 13 5 ; ❑asclipGon Al.. Pe ow, BA 9 - BASE 2502 228 AREA CPAH - calAmt He BA Attached RI GAA- Ganpe Amchetl 462 B6 A—aga o PAH - opan Porch 237 63 Atichatl MAh U) d V L d NNd LPL L m 4+ CO d E t ci m Q 1 of 1 Packet Pg. 107 7.C.6 ITEM NO. (ID # 1910) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney DATE 02/18/2014 *CONSENT AGENDA\COUNTY ATTORNEY POA Acquisitions Corporation - 3rd Amendment to Contract C97-01-122 St. Lucie County entered into a Billboard Lease Agreement with POA Acquisitions Corporation (known today as Clear Channel Outdoor or "CCO") on January 1, 1997. On March 2, 2010 the City of Fort Pierce extended its territorial limits to include 6120 Glades Cut -Off Road. This is the location for the structures of the signs. These signs exceed the City's codes concerning height and minimum distance separation. Therefore, the structures are nonconforming signs pursuant to the City of Fort Pierce's Code of Ordinances. These signs may continue in use but may not be replaced. CCO has become a "sole source" provider based on their ownership of the structure and the County's inability to replace the signs if the structure is removed. Therefore on January 17, 2012, the agreement was extended to December 31, 2021. The agreement allows the County to lease to CCO billboards that are located on the County's landfill property provided, CCO paid 45% of the annual gross income from each structure or $50,000.00, whichever was greater. In addition, COO donated $50,000.00 per year in outdoor advertising credits which could be used in certain CCO's Florida markets. The parties desire to amend the agreement to include the South Florida market. PREVIOUS ACTION: January 17, 2012 - Board of County Commissioners approved of lease agreement extension. FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of the Contract Amendment with POA Acquisition Corporation and authorization for the Chair to sign documents as prepared by the County Attorney. lfue ►] "WifRV1L9P►IeTe"[6]-01F Packet Pg. 108 7.C.6 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures _ _ Heather Young, Asst. County Attorney AQJ2/7/2014 Faye W. Outlaw, County Administrator 2/11/2014 Updated: 2/7/2014 3:31 PM by Stephanie Bush Page 2 Packet Pg. 109 7.C.6.a THIRD AMENDMENT TO JANUARY 1, 1997, BILLBOARD LEASE AGREEMENT BETWEEN ST. LUCIE COUNTY AND POA ACQUISITION CORPORATION THIS THIRD AMENDMENT TO JANUARY 1, 1997, BILLBOARD LEASE AGREEMENT made this day of , 2014, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "COUNTY," and POA ACQUISITION CORPORATION, or his, its or their successors, executors, administrators, and assigns hereinafter called the "LESSEE": WHEREAS, the parties entered into a Billboard Lease Agreement on January 1, 1997 wherein the County agreed to lease to Lessee Sites for the operation of billboards for a period of ten (10) years with two (2) five (5) year options, and WHEREAS, the parties amended the Billboard Lease Agreement to exercise their first option to extend the Billboard Lease Agreement through and including December 31, 2011, and WHEREAS, the parties amended the Billboard Lease Agreement to extend the Billboard Lease Agreement for an additional ten years (including the second five (5) year option) from January 1, 2012 through and including December 31, 2021, and a WHEREAS, the parties desire to modify the additional rental terms. a ca NOW, THEREFORE, the parties agree as follows: c m 1. Paragraph 4.02 of the Billboard Lease Agreement shall be amended to E cc read as follows: a 4.02 ADDITIONAL RENTAL In addition to the guaranteed base payment, Lessee will also provide the County as follows: I S: \ATTY\KATH ERIN E\KATH ERIN\Contracts\3a-POA Packet Pg. 110 7.C.6.a 1. Donate $50,000 per year in advertising credits which may be used in any of Lessee's Florida Markets which include, Orlando, West Palm Beach County, Broward County and Miami -Dade County. interstate 75 frem L�IR.wwui�wS R.m�wlR.l��lL�■W.A. -\:1. g: _ _ _ _ =M advertising credits value-added should be used within the 12-month period in which credits are earned and will not be accumulated into subsequent years. 2. Included with the advertising credits will be Lessee's Art Department creative services. Lessee will assist the County in designing a campaign that will supplement their marketing needs and objectives. Lessee will include all standard outdoor advertising copy production. 3. Lessee will pay the entire cost for the County for one free vinyl including the entire cost of installation. 4. Lessee will provide the County with reduced vinyl production cost. The cost shall be $1.25 per square foot. 5. Lessee Will PFOVide the Geunty with adveFtisengent en a spaEe avail a O a basis en its digital netweFl( in BFevard Geunty Lessee will provide digital M advertising units at a $1,250 value per week per unit up to $30,000 annually on a space available basis, a total of 24 weeks of coverage a spread throughout South Florida. 1i�M.�aw:�• 1 i :Mii � .�ii���w ie�iw•�d•u�i�ii�:u i.iu•��w:i.�a.�i�:� ii��iT�� iw. ' 7 available en its digital netwer-k in Brevard Geunty. Lessee will provide the 2 S: \ATTY\KATH ERIN E\KATH ERIN\Contracts\3a-POA Packet Pg. 111 7.C.6.a County with quarterly reporting on the location and usage of the $50,000 in advertising credits/value-added advertising. Lessee will provide the County with a report on the availability of the digital advertising units in South Florida on an as needed basis. 7. Except as amended herein, the remaining terms and conditions of the January 1, 1997, Billboard Lease Agreement, as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date as indicated below. ATTEST: DEPUTY CLERK WITNESSES: S: \ATTY\KATH ERIN E\KATH ERIN\Contracts\3a-POA BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: c CHAIR N Date: a a O APPROVED AS TO FORM AND a CORRECTNESS: rn BY: a COUNTY ATTORNEY O a c6 M POA ACQUISITION CORPORATION cc BY: a Print Name: Title: Date: 3 Packet Pg. 112 7.C.7 ITEM NO. RES-2014-22 AGENDA REQUEST TO: Board of County Commissioners DATE: 02/18/2014 *CONSENT AGENDA\COUNTY ATTORNEY PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution 2014-21 - Requesting the State of Florida either require All Aboard Florida to fund the cost of quiet zones at the railroad crossings located within St. Lucie County or provide state funding for the cost of those quiet zones. BACKGROUND: The Board of Aldermen of St. Lucie Village has requested that this Board consider sending a resolution to the State of Florida requesting that the State pay for quiet zones at the railroad crossings going through the County. PREVIOUS ACTION: This resolution was discussed at the February 11, 2014 Informal Meeting. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed resolution and authorize the Chair to sign the resolution. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 113 7.C.7 Coordination/Signatures anie 5WMInt,,eCgd'nt, orney 1/22/2014 Faye W. Outlaw, County Administrator 2/7/2014 Updated: 2/12/2014 10:01 AM by Kelly Phelan C Page 2 Packet Pg. 114 7.C.7.a RESOLUTION A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, REQUESTING THAT THE STATE OF FLORIDA EITHER REQUIRE ALL ABOARD FLORIDA TO FUND THE COST OF QUIET ZONES AT THE RAILROAD CROSSINGS LOCATED WITH ST. LUCIE COUNTY, FLORIDA OR PROVIDE STATE FUNDING FOR THE COST OF THOSE QUIET ZONES; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County acknowledges the efforts of All Aboard Florida to construct a high speed passenger rail system from Miami to Orlando along the FEC tracks (the "All Aboard Florida Project". 2. There are 23 railroad crossings along the FEC tracks that are maintained in whole or in part by St. Lucie County. 3. The All Aboard Florida Project will increase railroad traffic and railroad noise within St. Lucie County. 4, There are hundreds of people in the County who reside in very close proximity to these crossings and who would be significantly affected in their daily lives by the noise of the trains blowing their horns at the six FEC crossings if there is no quiet zone designation for those areas. 5. Quiet zones are needed at all affected railroad crossings in order to mitigate the impacts of increased railroad traffic and railroad noise and to protect the health, safety and welfare of the Village's residents and visitors. 6. The State of Florida has expressed its commitment to the success of the All Aboard Florida Project. 7. It is estimated that the cost of upgrading the infrastructure at the crossings so that they meet federal quiet zone standards could be in the hundreds of thousands of dollars for each crossing, resulting in a potential total cost in excess of a million dollars to the County. 8. St. Lucie County needs the financial assistance of the State of Florida to pay for quiet zones at its railroad crossings with the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida as follows: 1. The Board of County Commissioners hereby formally request that the State of Florida either require All Aboard Florida to fund the cost of quiet zones at all Packet Pg. 115 7.C.7.a railroad crossings within the County or provide state funding for the cost of these quiet zones. 2. The County Administrator shall forward a copy of this resolution to Governor Rick Scott, Chief Financial Officer Jeffrey Atwater, Florida Department of Transportation Secretary, Anath Prasad and the County`s State Legislative Delagation. After motion and second, the vote on this resolution was as follows: Frannie Hutchinson, Chair XXX Paula Lewis, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Tod Mowery, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 18`h day of February, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 116 ITEM NO. (ID # 1908) DATE: 02/18/2014 AGENDA REQUEST *CONSENT AGENDA\COMMUNITY SERVICES TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: Down Payment/Closing Cost Assistance Mortgage Satisfaction BACKGROUND: On May 25, 2006, a resident executed a second position St. Lucie County Down Payment/Closing Cost Assistance Mortgage in the amount of $38,700. The mortgage has a forgiveness period of 30 years. Select Portfolio Servicing, Inc. (SPS) holds the first lien on the property and has authorized the short sale, contingent on approval of the Board to accept $3,000 to satisfy the Down Payment/Closing Cost Assistance Mortgage. In the event the short sale is not able to go through, the property will be foreclosed on by SPS, thus adding to St. Lucie County's inventory of foreclosed properties. The foreclosure sale date is scheduled for March 18, 2014. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Board authorization to satisfy a Down Payment/Closing Cost Assistance Mortgage, and for the Chair to sign documents as approved by the County Attorney. 14ca ►] "Wifi;1-[9P►I_Ts"191 F Packet Pg. 117 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures yder, Community Services Dir r 2/6/2014 anie S. McIntyre, C my ttorney 2/6/2014 updated: 2/6/20144:56 PM by Diana Wesloski Page 2 Packet Pg. 118 7.D.a SATISFACTION OF ST. LUCIE COUNTY DOWN PAYMENT/CLOSING COST ASSISTANCE MORTGAGE WHEREAS, on May 25, 2006, Laycon Watkins and Melissa Watkins, as `Borrower", whose address is 1504 Valencia Avenue, Fort Pierce, FL 34946 executed a Down Payment/Closing Cost Assistance Mortgage in favor of the St. Lucie County, as "Lender", which was recorded in Official Records Book 2575 Page 345 in the Public Records of St. Lucie County, Florida, in the amount of Thirty -Eight Thousand Seven Hundred Dollars and 00/100 cents ($38,700) encumbering certain real property legally described as follows: Paradise Park Addition Block 1, Lots 22 and 23 according to the Plat thereof as recorded in Plat Book 192, Page 1130, of the Public Records of St. Lucie County, Florida. Which has the legal address of 1504 Valencia Avenue, Fort Pierce, FL 34946 and; WHEREAS, the Borrower has satisfied the terms of the above -referenced mortgage in the amount of $38,700. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: The Lender does hereby acknowledge full satisfaction of the Down Payment/Closing Cost Assistance Mortgage set out above and hereby consents that the Down Payment/Closing Cost Assistance Mortgage shall be discharged and satisfied of record. IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, acting by and through its County Administrator, who is authorized to execute this Satisfaction of a Down Payment/Closing Cost Assistance Mortgage pursuant to Resolution No. 01-96 adopted by Board the Board of County Commissioners on May 8, 2001, has executed this instrument on this day of _ 12014. WITNESS: WITNESS: :• STATE OF FLORIDA COUNTY OF ST. LUCIE FAYE W. OUTLAW, MPA COUNTY ADMINISTRATOR APPROVED AS TO FORM AND CORRECTNESS: ,K6111►111•/_VW061"Mum The foregoing instrument was acknowledged before me this day of 2014, by Faye W. Outlaw, MPA, who is personally known to me. (SEAL) Notary Public Signature Packet Pg. 119 2011CA003012 - PNC BANK NATIONAL ASSOCIATION vs. WATKINS, LAYCON � f P Back I Print JIL 2011CA003012 PNC BANK NATIONAL ASSOCIATION vs. WATKINS, LAYCON SUMMARY Judge: SENIOR JUDGE Case Type: Circuit Civil Status: CLOSED Case Number: 2011CA003012 Uniform Case Number: 562011CA003012AXXXHC Clerk File Date: 11/1/2011 Status Date: 1/10/2014 SAO Case Number: Total Fees Due: 0.00 Agency: Agency Report #: Custody Location: =O PART Y TYPE PARTY NAME ATTORNEY DEFENDANT PARADISE PARK HOMEOWNERS ASSOCIATION, INC. d DEFENDANT ST LUCIE COUNTY Rf DEFENDANT AQUA FINANCE, INC. O DEFENDANT WATKINS, LAYCON -- d DEFENDANT WATKINS, LINK SPOUSE(LAYC v C y DEFENDANT WATKINS, MELISSA PLAINTIFF PNC BANK NATIONAL ASSOCIATION BRUECK CLAIRE uNi Q d M CASE HISTORY r N G CASE NUMBER CHARGE DESCRIPTION CASE STATUS DISPOSITION OUTSTANDING AMOUNT NEXT EVENT ALERTS N to l4 No Additional Cases U d L CASE DOCKETS rn - -- -- O DATE ENTRY V d i 1/10/2014 REOPENED CASE CLOSED L0 FORECLOSURE SALE SET FOR 03/18/2014 AT 8:00 AM IN ONLINE/ , : FORECLOSURE SALE d 1/10/2014 E 1 /9/2014 COURT NOTES t> 1/9/ZU14 ORDER CANCEL/RESET SALE 1/6/2014 CASE REOPENED FOR RESCHEDULE SALE 1 /6/2014 NOTICE OF HEARING 1 /6/2014 EMERGENCY MOTION 1 /6/2014 PAYMENT $50.00 RECEIPT M14000001887 RECEIVED FOR FILING NUMBER 8824346 VIA FILINGPAYMENTS2 12/16/2013 PROOF OF PUBLICATION http://courtsearch. stlucieclerk.com/BenchmarkWeb/CourtCase.aspx/DetailsPrint/ 1894985 Packet Pg. 120 11 ?( It Il AUWUIZ - YNU BAN& NAHUNAL ASSMIAHUN vs. WAl'K1NS, LAYCUN P CASE 6OCKETS , DATE ENTRY 11 /20/2013 NOTICE OF SALE 9/24/2013 FINAL DISPOSITION FORM 9/17/2013 ORDER ADOPTING RECOM OF MAGISTRATE 9/17/2013 FORECLOSURE SALE SET FOR 01 /14/2014 AT 8:00 AM IN ONLINE/ , : FORECLOSURE SALE 9/16/2013 FINAL JDGMNT MORTG FORECLOSURE - Recorded (OR.3560.1329 / 3877314) 9/16/2013 CASE CLOSED _ C O 9/11 /2013 NOTICE OF FILING ORIGINAL DOCUMENTS �0 9/11/2013 STIPULATION An R U) 9/11 /2013 FINAL DISPOSITION FORM N a1 R tm 9/11 /2013 CIVIL NON -JURY TRIAL FORM O 8/30/2013 NOTICE OF FILING v c to 8/28/2013 WITNESS LIST N .y 8/12/2013 ORDER OF REFERRAL TO MAGISTRATE Q O rn 7/31/2013 NOTICE NON JURY TRIAL t t� i 7 7/14/2013 DESIGNATION OF EMAIL ADDRESS d co 6/21/2013 DESIGNATION OF EMAIL ADDRESS C m 6/21/2013 NOTICE OF APPEARANCE m r N 4/28/2013 MOTION FOR DEFAULT (FILED APR 17) N rn m 4/28/2013 AFFIDAVIT OF NON-MILITARY t) N 3 4/28/2013 NOTICE OF DROPPING PARTY t> 4/23/2013 ORDER FOR DEFAULT O LL. 4/17/2013 DEFAULT O E 4/17/2013 MOTION FOR DEFAULT BY JUDGE v m rr 4/17/2013 MOTION FOR DEFAULT Q 4/17/2013 AFFIDAVIT OF NON-MILITARY 4/17/2013 NOTICE OF DROPPING PARTY 4/12/2013 MOTION FOR DEFAULT BY JUDGE 3/7/2012 NOTICE:OF BORROWER NON PARTICIPATION WITH RMFM PROGRAM 12/5/2011 SUMMONS RETURNED http://courtsearch.stlucieclerk.com/BenchmarkWeb/CourtCase.aspxiDetailsPrintll894985 Packet Pg. 121 201ICA003012 - PNC BANK NATIONAL ASSOCIATION vs. WATKINS, LAYCON CASE DOCKETS P DATE 12/1/2011 11 /17/2011 ENTRY RESPONSE:LETTER FROM MELISSA BELL IN RESP TO SUMMONS RCVD ANSWER 11 /4/2011 SUMMONS ISSUED:LAYCON WATKINS SERVED 11 /17/11 (BOYD'S) THE UNKN SPOUSE OF LAYCON WATKINS NON SERVED 11 /17/11 MELISSA WATKINS SUB SERVED 11 /14/11 AQUA FINANCE INC SERVED 11 /10/11 PARADISE PARK HOMEOWNERS ASSOC INC SERVED 11 /7/11 ST LUCIE COUNTY SERVED 11 /8/11 TENANT #1 NON SERVED 11 /17/11 TENANT #2 NON SERVED 11 /17/11 11 /3/2011 SUMMONS FEE $80.00 11 /1 /2011 NTC OF LIS PENDENS:(0/R 3340 PG 1047) 11 /112011 CIVIL COVER SHEET 11 /112011 VALUE FORECLOSURE CLAIM FORM 11 /1 /2011 COMLAINT MF > 50,000 < 250,000 11 /1 /2011 FORECLOSURE FORM A Packet Pg. 122 http://courtsearch. stlucieclerk.com/BenchmarkWebICourtCase.aspxlDetaitsPrintl1894985 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 2869260 OR BOOK 2575 PAGE 345, Recorded 05/30/2006 at 09:09 AM Doc Tax: $135.45 7.D.c DOWN PAYMENT/CLOSING COST ASSISTANCE MORTGAGE ST. LUCIE COUNTY AFFORDABLE HOUSING ASSISTANCE THIS MORTGAGE is made on May 25, 2006. The grantor(s) are �La�i Melissa ans, rsb,pnd a ife ( rower ). This Mortq _ e i as` iven County, r 2300 irgi Lend r th ($38, 00. which ro and thi Mi is being , Assistance la Ave nu , F rt principal sum o- )). This debt is E 1es for a deferr, gtgage. Th"E Florida\ y Eight TI :ed by Bo e paymer nced i 4 .907 Program of 32, St. Lu ie Coun y (')Lend "). and Sevon H )liar is N to dated thsame date Q i I a Bo rote ndc -lorid Statutes, plies with the I by this Mprk ot `•- C J c� r" or l ape Fr sis owes 0 Mortgage, of the Note "Loan") amended Local Hou Lucie In addition to the Loan, the Borrower may have an existing first mortgage loan (the "First Mortgage Loan") (the "Senior Lien Holder"), which loan is secured by a First Mortgage lien on the Property (the "First Mortgage"). The documents evidencing or securing the First Mortgage Loan are collectively referred to herein as the First Mortgage Loan Documents. This Mortgage secures to Lender: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications of the Note: (b) the payment of all other sums, advanced under paragraph 7 to protect the security of this Mortgage; and (c) the performance of borrower's c ants and agree under this d the r thi e, Borrower ' evocably mo gage ,grants an onve s to Lender an a der's cc sors d assigns sub' c to rig is f th enio ie Holde un er the irs Mo ag th fol wing descri d roperty to t i St Lucie Cou ty aradi a ark Ad it! n Blo k 1, o 22 and 23 ac ording to the Plat th re f as record d n Pla B , P ge 1130, of th Public Recor s f St. Lucie Coun , lorida whic h s the ddress o "Property a dre s") TBD Valen 'a venue, Fort_pier e, L 34946. TO VE AND HOLM is pro y unto �Lender anri/� ender's s�s d assigns, forever, a he improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and, except for the First Mortgage and other encumbrances of record acceptable to the Lender, the Property is unencumbered. Borrower warrants and will defend generally the title to the property against all claims and demands, subject to such permitted encumbrances of record as of the date of closing. SettingAelaine\Local ui of 8 Packet Pg. 123 OR BOOK 2575 PAGE 346 7.D.c COVENANTS. Borrower and Lender covenant and agree as follow: 1. Payment of Principal. Borrower shall promptly pay when due the principal of the debt evidenced by the Note. 2. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraph 1 shall be applied; first, to any costs and expenses, including but not limited to attorneys fees incurred by Lender in enforcing the Note and this mo d, to an vanced want o e rm of this mortgag , and�st, to pri cip due„—, Prior M a es; Charges; -en . TheBo rower all perfor all Y�fra Borro er' obligations and r th First Mortg ge inclu in rowe 's covena s toke paym nts when due. Borro er shall pay all tax s, as es charges, fine anpositions attribu bl to the Prop hic may att In p iority ver this Mortgage, and le se paymen or ent , if a ow fails perform I obligation under the rst Mortgage /or its ations u r t ' ortgag y, at its opts declarethe full amount of this Mortgage immediately due and payable. Except for the lien of the First Mortgage, Borrower shall promptly discharge any other lien which shall have attained priority over this Mortgage unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Mortgage. Except for the lien of the First Mortgage, if Lender determines that any part of the Property is subject to a lien, which may attain priority over this Mortgage, Lender may Borrower a Ice i 'ng trinl n. Bor er sh I satisfy such ' n o ta�eoe o�re the actin s se�bov wit�cf�ys�of t givhg of notices Subordina�io . L nder and B rro er ac no led an agree t at this ecurity Instru ent is subject and stu or inate in all r sp cts t the liens, t s, covena is nd conditi ns f the First Mortg a nd to all a a ces h ret ade or which ay hereafter be made p rsu t to the F' s M ga a fort p pose o (a ecting or furt ec the lien of the Fir Mo g ge, cur' g de ults y the orrow r under the First Mortg ge or for a other purpose exp itted by the ortgage or cons ruction, renovating, repairing, furnishing, fixturing or equipping the Property. In the event of a foreclosure or deed in lieu of foreclosure of the First Mortgage, any provisions herein restricting the Borrower's ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Mortgage shall receive title to the Property free and clear from such restrictions. In the event of such foreclosure or deed in lieu of foreclosure, Lender may, at its option, declare the full amount of this Mortgage immediately due and payable. 5. Hazards or Property Insurance. Borrower shall keep the improvements now existing or herea erected on the P y insuredD.PAYM17ENT.docPage sin within the t "exten d over e" and an ther azards or oo g, f which Le der qul ins ran e. Is in an a sha benam in an for the peri ds at Lende re uir S. he ins ura ce Carrie prn e s II b chosen CADocume is an Settings\elaine\Local Set ings\ emporary Intern Fil OLK9\W tkindoc Page 2 of 8 Packet Pg. 124 OR BOOK 2575 PAGE 347 7.D.c by Borrower subject to Lender's approval, which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgagee clause. All requirements hereof pertaining to insurance shall be deemed satisfied if the Borrower complies with the insurance requirements under the First Mortgage. All original policies of insurance required pursuant to the First Mortgage shall be held by the Senior Lien Holder wever, all be aye i 'nte s ma appear d sh be nam d a an a ' 'ona ' sur If L req 're orr er all proms gi a to len r c pi of II recei so paid p e iurns a r ew no' e . In a event of los , B rrower sha ' e ro pt notice t th insur nc carrie , th Senio Lie H tler and Lend r. L nder may make ro f of loss if n t m de p om th enior Li Ho er or the iess-Le oer an bo ower-ot�rw agr ing, In wn insurance oceeds sha I be applied to toratio repair o e da ged Pro , ' estoration economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing any application of proceeds to principal shall not extend or postpone the due date of the payment referred to in paragraph 1. N it ng th rede ' ri h to d g p he Vsur ce procee s h reunder has bd s bo inate o t A�Mo of he S fIder to collect�an�apply such rocorda ce ith te F ra Occupancy, es rvation, in nan e a ection of �th�ePr perty; Borro r' oan Ap ti ; L aseho s. orrow r s all occupy, establan the Property s Bor er's p ncip resi ence thin si ty days aft r the exec tion of this rtgage, Borrower sh roy, dama air the Pr , a ow the Property o eteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Mortgage or Lender's security interest. Borrower may cure such a default and reinstate, as provided in this Mortgage, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Mortgage or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced a Note, inTaa of limite rese concernin Borrow is ccup cy of the op, principal sid nce a (ii Borro isincome. thi o ei on le e o , bor weomp ith all t p visi ns thelease. B rower ac it s f e t' le to the op rtysehold n the f tit ha notmerge nl ss Lender agree to he merger i wr tin CADocurn is and Settings\elaine\Local S-�'ings\emporary Intert Filq \OLK9\4atkin�-n�tg-BCJWN PAYMENT.doc Page 3 of 8 Packet Pg. 125 OR BOOK 2575 PAGE 348 7.D.c The borrower acknowledges that this Property is subject to certain use and occupancy restrictions (which may be further evidenced by a separate agreement recorded in the land records where the Property is located), limiting the Property's use in accordance to Section 420.907, Florida Statutes, as amended, Hurricane Housing Recovery (HHR) Program. The violation of such restrictions shall constitute a default of the Note and this Mortgage. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants d-agre is cont ' is Mort ale pro edi g a ay significa y aff t Lende 's ri is i Pro rty I a cee in ba rup y, ate, for co a ation or orf itur or o enfor la s oul tions), en Len r y o d pay for wh to er is neces t pr tect the val e f to erty an Le der'sht in eProperty. Lender's actions a include payi g ns ed b a lien, w 'ch s priority over t is ortgage (includi s ms secure by ht appearing in c urt, paying reaso b[ attorney's s d tering o th Pry make repairs. Altho gh Lender may take ac ' n u pa gr h 7, er es nve o so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Mortgage. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance lieu of condemni-oon, are hereby assigned and shall be paid to Lender. ne r a t ta' t in ro erty, prnrket ha I bXl�dh to he ums secure by his Mort g , w et r or not t en ue, wi h anys ai.er. the event f a partial taking of t e roperty in w ich the fir ue ofrty imme iat ly before the taki g i equal to or re ter th n the amou of s ured by this M rtg ge immediately b fo the takin u ess t e B er and Le ise agree in writi t sums s u d th' Mort ge hall be redu by the ah ceeds multiplie y the o owin frac n; (a the t I am unt of the s ms secdiate[ before the taking, ) the fair m alue of the rope y immediatthe taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair Market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Mortgage whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemner offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and ap a proceeds, at it ' n, either to or rep o#1 Proper#e to the sums cured by is ortg e, whethe or not then due. ( )ED SettingsWaine\Local PA' 4of8 Packet Pg. 126 OR BOOK 2575 PAGE 349 7.D.c Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to oceedi ag t any s uutibur in ii e s t op e us toYAn en e for pay nt or erwise morri a atio of th md t ' Mo gay r son of any a nd mad by he al Borr er r Borr wrescuum ccss rs in 'nte s forbe ran a by Lend e ' e erc sing any exerci e f any right or rem dy ;hall no be waiv o r P clude the 11. Succes a d signs u ; Jot t o Several Liability; C -si ners. The covena s an me s o his age hall nd an a fit the suc essors and ssigns of Lender Borr , subject agraph 's covenantagreements shall be joint and several. Any Borrower who co-signs this Mortgage but does not execute the Note: (a) is co-signing this Mortgage only to Mortgage, grant and convey the Borrower's interest in the Property under the terms of this Mortgage; (b) is not personally obligated to pay the sums secured by this Mortgage; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent. 12. Notices. Any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designate y notice nder. ny notic o Len er shall be giv by first cla s ail to Lender' ad ted ere' or era dres en na es notice t Bor ower. Any no ice equired t be gi n the Seni r Li n Hol Fr shall be giv n by rst I s ail to such ddr ss the Senior Li n H Ider design to by n tic to th or wer. y noti a provided for in t is ortgage shall be de med to hav be n gi n to Borro r or Lende wh n given as provid d i this paragraph. 1 Governin Law, everabili . This Oortgage sh II be gove ned by Fede al law and the laws ate of Florida. a event tha any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. To this end the provisions of this Mortgage and the Note are declared to be severable. 14. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Mortgage. 15. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transf nd Borrower is atural per ender' writt ent, lender m , at its option, equir immediate ayme tin full of all su s ecured y t is Mortga . weve , his opti n s II no e e ercise by: 'f a erci is ro ite by Feder la as of the a of thi Mortgage. CADocum nts d SettingAelaine\Local S tting Temporary Inter et Fil \OLK9\ atki PAYMENT.doc Page 5 of 8 Packet Pg. 127 OR BOOK 2575 PAGE 350 7.D.c If Lender exercises this option, Lender shall give Borrower and the Senior Lien Holder prior written notice of acceleration. The notice shall provide a period not less than 30 days from the date the notice is delivered or mailed within which borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. Ca Right ell te. If B erta' ion orr er shall ' t to ha e e orce t of is IV` age ntin d any ime rior he entryment nfo cin th' Mortga ose c nd tions a th t Bo ow r; ) p ys Lends whic en wo Id be due de this o gage a d t e Not as I no acceland occurred (b cures any d fa It of ny cov ants or a ree ents; (c) paysses incurred n e forcing this Mo gag , in ut not limite toreasonable attor; and ( ke su h action s nder ay reasonably require to as ure that the lien o, Le der' righ e P ope and orr er's oblig ion o pay a sums secus Mo a shall c inu change statement b , his Mortgage and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 15. 17. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Mortgage) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as "Loan Servicer") that collects monthly payments due under the Note and this Mortgage. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with Par'aph 12 above and applicable The "I e will %ge—th—afihWe an address oft ew oan rvi er and he address o w me is s all a nofi7 wilrals7tt requir b applicabl la . 18. Hazardous ub tances. Bor ow r sh II not cause permit the pre ence, use, dispos I, torage, or releas of ny hazard us ubst nc in the Prope orrower shall not do, or Ilow any a Is to:,Znypng ffectin th ro erty thatis in lati f any Environ ntal aw. The rece 'o sen nces hall not ap ly to the pr sence, use, r storage on y of small q s of hazar u s ances that are genera y recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remedies of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental law. As,u6ed in this"pa grap 18, "Haza ous S bstances:" are o e subst nc s d toxic or az , ous bst c by nviro a al Law anf�Npwi g s st ces ga c r flam ab -ials conta n Setti ngs\elaine\Local petrole g apnestos or (duct , toxic pest cid s an her'lRi�i, deh e, ioa tive ma rials. PAYMENT.doc Plin a as e, volatile used in Page 6 of 8 Packet Pg. 128 OR BOOK 2575 PAGE 351 7.D.c this paragraph 18 "Environmental Law" means Federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Mortgage. The notice shall specify: (a) that default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower by which the default must be cured. And (d) that failure to cure the default on or before the date specified in the notice may result in acc he sums y thispmaany le o e r pe . n he notice s I further infor Borr wer a ri t to acc le on nd th g o bring a ou action as a he on-exis nc ofr an of er d en Bo rower to accel ati n and sale. th de ault is not c re bwer on r befo th d specified in the oti e, then Lender a its option may r quirepay nt in full all ums secur d b this Mortgage w tho t further de a d any other re edies permitted by ap ica le law. Le r s all a entitle to Ileses incurred in rsuin theremedi pro ' his ar rap incl ing,i d to, reaso able attorne s' fees and costs itle evid e. 20. Release. Upon satisfaction of the terms and condition of the Note and this Mortgage, including payment of all sums as required by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay any recording costs. 21. Modification of First Mortgage Loan Documents. The Lender consents to any agreement or arrangement in which the Senior Lien Holder waives, postpones, extends, reduces or modifies any provisions of the First Mortgage Loan Documents, including any provisions requiring the payment of money. rer n ed as ersona-M made orro er rs er at an ind up n r general) otherwle o th pu lic at large. loan ise a per n I benefit and ownersy. Fit. The loan se cu d this ort ge wa s P Th loa , t refo e, i made fav rab a to the Bo rower ha oul :ordin ly, the B row r unde tands at this as a enefit that can trans f r to successive cs. Kecapture t HHR Funds. I e ev nt the Borro er fails to ccu the operty as Borrower residence a fired by the ucie County Local Housing Assistance Plan (the LHAP), the entire investment of SHIP funds, as stated in the mortgage and note shall be recaptured from the Borrower by the Lender in keeping with the provisions of the LHAP. However, in the event of foreclosure if the net proceeds of a foreclosure sale (if any) are insufficient to allow the Lender to recapture the full SHIP investment, recapture by the Lender of the net proceeds of the foreclosure sale (if any) shall be deemed to satisfy the recapture requirements of the LHAP. r« U. of 8 Packet Pg. 129 OR BOOK 2575 PAGE 352 7.D.c BY SIGNING BELOW. The Borrower and the Lender accept and agree to the terms and covenants contained in this Mortgage. BORROWER: BORROWER: Lavcon Watkins Melissa Watkins Type or print name Type or print name -- y q +,,.S'ign$Or of Borrower Si ature o Borro r WITN S. WITN S fq'�� Type r pt witness n e Type r p int witness name Signature of i ness Signature of Witness Parcel: 1433-801-0022-0002 Address: TBD Valencia Ave, Fort Pierce, FL 34946 STATE OF FLORIDA, COUNTY OF ST. LUCIE aforesaid d in t county a Meliss W kins to a ki they ac now edged before WITNESS my 2006. My Comigissipri'res: Fdoffice this d ledgmts,perIIo) scribe in nd whoxathe ounty and State 1, Fv aElaine COMM,S. olden �F Expires Deemb �271562 �„ a naea r,o Y am Insurance Inc 2, 2007 �� -365-7o 19 this -Mtary Public State of Florida rn State and t and of May A. D 8of8 Packet Pg. 130 OR BOOK 2575 PAGE 353 7.D.c DOWN PAYMENT/CLOSING COST ASSISTANCE ST. LUCIE COUNTY AFFORDABLE HOUSING ASSISTANCE PROMISSORY NOTE Place: 2300 Virginia Avenue, Fort Pierce, FL 34982 Date: May 25, 2006 �o roo r ` c� ago U' c� c� IN ION of m I oblig ition loa forth below, d in nitio of e a ed rtga ex e by t. cie oun , as rider, and yc n Wat ins a elissa at in us and a d wife as Bo ow r(s), the under ig ed Borrowe , j intl and sever Ily, prom se() to pa to he or r o the T. LUCIE COU BOARD OF C U TY COMMI SI NER c ed "St. cie ounty"), the princi al um of Thirty Ei ht Thousand ev n H nd ars and 00/ 00 ($38,700.00)) with in ere t thereon ro er nt (0% er ear u til aid. Zero percent int res loans have a maxim ter ) t rty ars. ns def red an 'I have a s ci is perio nd term for repay be i . g five ye ft osing. of and the ' , ' y, on the Note are payable on the First Day of Each month in three hundred (300) consecutive monthly installments, commencing with a payment of One Hundred Twenty Nine Dollars and 00/100 and ($129.00) starting on June 1 2011 at the principal office of the St. Lucie County Community Services, 437 North 7 Street, Fort Pierce, FL 34950, Attention: Housing Department, or at such other places as shall be designated by St. Lucie County. A financial capability payment review will be completed the first year following the five-year deferment. If it is determined that there is a financial hardship, the payments may be waived or reduced and payment may be deferred until financial capability changes or until sale of the property. If the interest, if any, on and the principal of this Note are not paid by the 15th of the calenZh I i clude a due te, th undersigne all ay a to arge f five percelen ar ont ctio ther , o mo nt st ue a d r aining unpaiigned re ery (s) the right to repa at any time II or any p rt o the principal amoue without a ent of pe Iti s or p em' ny payment o th Note prior to defaupli th prI cipald e o theN te. All ayments, other t an re ayments, shall rst to a int est ue on e N e, and then to the prin ipal due on he Note, and tance shall d to late c , ' any. As a condition of receiving this loan, the undersigned understand and agree to the following: 1. That St. Lucie County has Funds available to assist qualified residents to secure loans to purchase eligible housing. Said loan is made at zero percent (0%) interest rate and upon terms generally more favorable to the Borrower(s) than is otherwise available to the public at large. Accordingly, the Borrower(s) understand(s) that this loan is intended to be a personal benefit and not as an i ment to increa a value of Borrower's propert as a it that Borrow r(s can ansfer to suc essive owner f t e pro a This note v1 es Lan m e by old r o rr er u der a Lucie County o al o ing Assis nc Plan ("L AP") a d i subl ct t e r gulations C:\Docu(entsand Settings\elaine\Local ettin s\Temporary Inte et F' es\OLK \Watkins.NOTE WN PAYMENT.d c Page 1 of 3 `72?`f Packet Pg. 131 OR BOOK 2575 PAGE 354 7.D.c c issued hereunder Section 420.907, Florida Statutes. The loan is secured by a Mortgage (the "Mortgage") dated the same date as this note. 2. A lien secured by the property described in the attached mortgage is hereby established in favor of St. Lucie County to provide security for such amounts which may become payable by the Borrower(s) or Borrower(s) estate, personal representatives, heirs, or devisees under the provisions of this Note. 3.7te. er(s) e nd at imp ea ed, ented, v c o er )further a,e b ve-describese al, State, and Jon g, ealth, fir , )vem t rea p erty, or he ise di o d ouis) to, at all time d ring tperty an ove ents thelaw , st and codes, ty, a d inimum housing cod I real of sold, t m of this this Note, compliance ing, but not 4. ---Jn_thejw6nt that the-Borrower(s) se (s), leases , cate(s) or otherwise dispose(s) of the real property during the term of this Note, then the aggregate sum mentioned herein, less any amounts repaid or reduced pursuant to this Note, shall become due and payable forthwith or thereafter, at the option of the County, as fully and completely as if the said aggregate sum was originally stipulated to be paid on such day, anything herein to the contrary notwithstanding. 5. Should the Borrower(s) fail to fully comply with the conditions and obligations set forth in this Note, then the lien established by this Note may be foreclosed upon, as provided by law, and, in addition the conditions and obligations hereof may be enforced by any other appropriate action, in law or equity, at the option of St. All cost , i cl in reasonab e a orney s f es, whi ay b inXtr b St. Lucie County or th co lection of a a ount w ich m b come Cie County hereunder, or wh ch may be i cur ed b St. ucie Co my in theement of the conditions an o igations se fo h her in, r suit is brounot, shall be assessed jai st d be t ob 'gation f t e Borrower(s). 7. isions of this-Nete`shall be ' n the Borrow s an a estate, personal representatives, heirs, and devisees of a deceased Borrower. 8. Demand, protest, and notice of demand and protest are hereby waived, and the undersigned Borrower(s) hereby waive(s), to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. al P :2of3 U0 in 0 N y N a a 00 0 0 U J co 0 U E U r a Packet Pg. 132 OR BOOK 2575 PAGE 355 7.D.c BY SIGNING BELOW The Borrower and the Lender accept and agree to the terms and covenants contained in this Promissory Note. BORROWER: BORROWER• Type or pAnt name Sroatidre orro r F— � 0�6'e---Rectle 11 Type pri itne na e Signature of Witness Melissa Watkins Type or print name S 0 r 2A co 4) tM t 0 2 0 STATE OF FLORIDA, COUNTY OF ST. LUCIE .y Signature of witness STATE OF11LORIDA. / y a I HERE Y ERTIFY that afores id a d in the county af0 esa to take ack Melis a atkins to me know to a the persoi they ac ow ged befor tha exe ted the WITNES y hand an ffice s MOL A.D. 2006. My Commission Expires: L i th s day, bef re me n o icer duly uthoriz in the State a wle gmen s, personally peared Lay on atkins and co d scribe in w o executed the fore oin instrument and a) the Parcel: 1433-801-0022-0002 Address: TBD Valencia Ave, Fort Pierce, FL 34946 c: al a� a� last aforesaaii ^ / of 0 Notary Public o State of Florida P E. 0 E U r r a i3of3 Packet Pg. 133 HUD-1 U.S. Department of Housing A. Settlement Statement and Urban Development OMB No. 2" � .vn .0 .a � B. Type of Loan O 1. FHA ❑ 2. FmHA O 3. Conv. Unins. 6. File Number 7. Loan Number 8. Mortg. Ins. Case Num. O 4. V.A. O 5. Conv. Ins. 14-80005 ID: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER: Address of Borrower: E. NAME OF SELLER: Address of Seller: F. NAME OF LENDER: Address of Lender: G. PROPERTY LOCATION: H. SETTLEMENT AGENT: Place of Settlement: I. SETTLEMENT DATE: JOHN PAUL MARURI, a single man LAYCON WATKINS, a single man 1504 VALENCIAAVE., Fort Pierce, Florida 34946 Mariner Title Co. 100 S.W. Albany Ave. #310, Stuart, Florida 34994 5/6/14 DISBURSEMENT DATE: 5/6/14 TIN: TIN:26-2098741 Phone:772-283-2881 J. Summary of borrower's transaction K. Summary of seller's transaction 100. Gross amount due from borrower: 400. Gross amount due to seller: 101. Contract sales price 88,900.00 401. Contract sales price 88,900. 102. Personal property 402. Personal property 103. Settlement charqes to borrower (Line 1400) 435.00 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance: 106. City/town taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross amount due from borrower: 89,335.00 420. Gross amount due to seller: 88,900. 200. Amounts paid or in behalf of borrower: 500. Reductions in amount due to seller: 201. Deposit or earnest money 2,500.00 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charqes to seller (line 1400) 11,377. 203. Existinq loan(s) taken subject to 503. Existinq loan(s) taken subject to 204. Principal amount of second mortqaqe 504. Payoff of first mortqaqe loan 73,475. 205. 505. Payoff of second mortqaqe loan 3,000. 206. 506. Deposits held by seller 207. Principal amt of mortqaqe held by seller 507. Principal amt of mortqaqe held by seller 208. 508. Aqua Finance UCC Payoff 500. 209. 509. Adjustments for items unpaid by seller: Adjustments for items unpaid by seller: 210. City/town taxes 510. City/town taxes 211. County taxes from 01/01/14 to 05/06/14 546.58 511. County taxes from 01/01/14 to 05/06/14 546. 212. Assessments 512. Assessments 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total paid by/for borrower: 3,046.58 520. Total reductions in amount due seller: 88,900. 300. Cash at settlement from/to borrower: 600. Cash at settlement to/from seller: 301. Gross amount due from borrower (line 120) 89,335.00 601. Gross amount due to seller (line 420) 88,900. 302. Less amount paid by/for the borrower (line 220) (3,046.58) 602. Less total reductions in amount due seller (line 520) (88,900.( 303. Cash( ❑✓ From ❑ To ) Borrower: 86,288.42 603. Cash ( ❑ To ❑ From ) Seller: 0 Substitute Form 1099 Seller Statement: The information contained in blocks E, G, H, and I and on line 401 is important tax information and is being furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IF determines that it has not been reported. Seller Instructions: If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, for any gain, with your tax return; for other transactions, complete the applicable parts of Form 4797, Form 6262 and/or Schedule D (Form 1040). Borrower's Initials : Seller's Initials : Q DoubleTime® Packet Pg. 134 HUD-1 U.S. Department of Housing and Urban Development Page 2 L. Settlement charges Borrower POCSeller POC Paid from Borrower's Funds at Settlement P 7.D.d Funds at Settlement 700. Total Sales/Brokers Com. based on price $88,900.00 @ 6.0000 % = 5,334.00 701. 2,667.00 3.0000 % to TERRA FIRMA REALTY GROUP 702. 2,667.00 3.0000 % to Ubar Realty, Inc. 703. Commission paid at settlement 5,334.00 704. to 800. Items payable in connection with loan: Borrower POCSeller POC 801. Loan origination fee % to 802. Loan discount % to 803. Appraisal fee to 804. Credit report to 805. Lender's inspection fee to 806. Mortqaqe insurance application fee to 807. Assumption Fee to 808. to 809. to 810. to 811. to 900. Items required by lender to be paid in advance: Borrower POCSeller POC 901. Interest from to /da 902. Mortgage insurance premium for months to 903. Hazard insurance premium for yearsto 904. Flood insurance premium for yearsto 905. yearsto 1000. Reserves deposited with lender: Borrower POCSeller POC O 1001. Hazard insurance monthsper month v 1002. Mortgage insurance monthsper month .� 1003. City property taxes monthsper month r 1004. County property taxes monthsper month R to 1005. Annual assessments monthsper month m a� 1006. Flood insurance monthsper month to Of 1007. monthsper month O 1008. monthsper month 1009. Aqqreqate accounting adjustment v 1100. Title charges: Borrower POCSeller POC 1101. Settlement or closinq fee to Mariner Title Co. 425.00 2,425.00 j 1102. Abstract or title search to Mariner Title Co. 185.00 rn 1103. Title examination to Q 1104. Title insurance binder to u0i 1105. Document preparation to t 1106. Notary fees to 1107. Shoert Sale Workout Fee to CHAPMAN & PLYMALE LAW, P.A. 1,975.00 d (includes above item numbers: ap 1108. Title Insurance to Old Republic Nat. Title/Mariner Title 511.18 rn (includes above item numbers: 1109. Lender's coverage (Premium): C 1110. Owner's coverage (Premium): $88,900.00 ($511.18) N E 1111. Endorse: +� 1112. to tv U) 1113. to 1200. Government recording and transfer charges: O 1201. Recording fees Deed $10.00 Mortgage(s) Releases 10.00 N 1202. City/county tax/stamps Deed Mortgage(s) 1203. State tax/stamps Deed $622.30 Mortgage(s) 622.30 N 1204. Corrective Deeds/Doc's to ST. LUCIE COUNTY CLERK 150.00 1205. to = 1300. Additional settlement charges: Borrower POCSeller POC 1301. Survey to c m 1302. Pest Inspection to t 1303. to 1304. City Lien Search to Mariner Title Co. r 175.00 Q 1305. to 1306. to 1307. to 1308. to 1309. 1400. Total settlement charges: Enter on lines 103, Section J and 502, Section K 435.001 11,377.48 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. JOHN PAUL MARURI Borrower Borrower LAYCON WATKINS Seller Seller The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused, or will cause, the funds to be disbursed in accordance with this statement. Mariner Title Co. By: As Its Authorized Representative Date WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a DoubleTime® fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. Packet Pg. 135 7.J.1 ITEM NO. (ID # 1872) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 02/18/2014 Mark DiMascio, Parks & Special Facilities Manager Parks & Special Facilities Division Inmate Labor Contract Renewal *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES In 2005, 2007, 2009, 2011 and 2013 the Board entered into contracts with the Florida Department of Corrections (FDOC) to provide an inmate work squad to assist the Parks and Recreation Department with maintenance. Each contract provided for an additional one (1) year renewal which the Board subsequently approved. The current 2013 contract expires on June 29, 2014 and staff is requesting to renew this contract in the amount of $57,497.00. This is a reduction of $507.00 from the previous contract due to a $45.00 reduction in the cost of the State Personnel Assessment and the elimination of the $462.00 Technology Fee paid in prior years. If approved, the contract renewal will extend through June 29, 2015. These funds are available in the departmental budgets. The program has played a critical role in the Parks and Recreation Department's ability to maintain the County's assets by providing over 7,500 man-hours of service. The work squad is utilized on a rotating schedule at Department parks, the Havert L. Fenn Center, the SLC Fairgrounds, Tradition Field and the Savannas Recreation Area. In addition to maintaining restrooms, picking up trash and mowing, the squad also assists in event set-ups and other projects as needed. Under the contract, the County responsibilities are: Provide a schedule of work. Obtain any licenses or permits, as required, for work to be performed by the inmate work squad. Provide transportation (van), including fuel and vehicle maintenance, for the work squad. Provide enclosed equipment trailer and tools as needed for work to be performed by the inmate crew. Provide communication equipment (cell phone). Retain ownership of vehicle and equipment. The Florida Department of Correction responsibilities are: Packet Pg. 136 7.J.1 Provide one (1) Correctional Work Squad Officer. Provide up to five (5) inmates. Keep physical custody of the vehicle, trailer and tools, for security reasons. To the maximum extent possible, maintain stability in the inmate work squad in order to maximize the effectiveness of the inmate squad. Provide food and drinks for inmates' lunches Administer disciplinary action according to FDOC policies and procedures. Provide medical treatment for ill or injured inmates. Provide inmates with all personal items of clothing appropriate for the season of the year. Drive to and from the work site(s). PREVIOUS ACTION: February 22, 2005 - Board approval of contract with FDOC January 23, 2007 - Board Approval of contract with FDOC. May 11, 2009 - Board approval of contract #C09-06-156 with FDOC. April 30, 2010 - Board approval of renewal of contract #C06-06-156 with FDOC. May 3, 2011 - Board approval of contract #C11-05-146 with FDOC. April 3, 2012 - Board approval of renewal of contract #C11-05-146 with FDOC. March 19, 2013 - Board approval of contract #C13-03-120 with FDOC. FINANCIAL IMPACT: Funds are available in: 001-7210-534300-700 Regional Parks & Stadiums 190-7210-534300-75201 Sports Complex 001-7215-534300-700 Parks & Special Facilities 001-7215-534300-7220 Savannas 001-7511-534300-7420 Fairgrounds 001-7511-534300-7510 Havert L. Fenn Center RECOMMENDATION: Board approval of the renewal of the Florida Department of Corrections Inmate Labor contract as outlined in this agenda and authorization for the Chair to sign the documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Updated: 2/11/2014 11:31 AM by Shane A. De Witt B Page 2 Packet Pg. 137 7.J.1 Coordination/Signatures Edward Matthews, Par , Recreatio Facilities Directct/3/2014 I ON �_ Heather Young, Asst. County Attorney 2 6 2014 Faye Outlaw, -County Administrator 2/7/2014 Updated: 2/11/2014 11:31 AM by Shane A. De Witt B Page 3 Packet Pg. 138 7.J.1.a CONTRACT # WS824 Amendment # 1 CONTRACT AMENDMENT BETWEEN THE DEPARTMENT OF CORRECTIONS AND ST. LUCIE COUNTY, BOARD OF COUNTY COMMISSIONERS This is an Amendment to the Contract between the Florida Department of Corrections ("Department") and St. Lucie County, Board of County Commissioners ("Agency") to provide for the use of irnnate labor in work L programs. c 0 U This Amendment: `o 0 • renews the Contract for one (1) year pursuant to Section I., B., Contract Renewal; J • revises the end date of the Contract referenced in Section I., A., Contract Tern; 0 M • adds Section VII., B., Prison Rape Elimination Act; and = • replaces Addendum A with Revised Addendum A, effective June 30, 2014. N ti 00 Original contract period: June 30, 2013 through June 29, 2014 v In accordance with Section V., CONTRACT MODIFICATIONS, the following changes are hereby made: 1 _ Section I., A., Contract Term, is hereby revised to read: A. This Contract began June 30, 2013 and shall end at midnight on June 29, 2015. This Contract is in its final renewal year. 2. Section VII., B., Prison Rape Elunination Act (PREA) is hereby added: B. Prison Rape Elul7ination Act (PREA) The Contractor will comply with the national standards to prevent, detect, and respond to prison rape under the Prison Rape Elimination Act (PREA), Federal Rule 28 C.F.R. Part 115. The Contractor will also comply with all Department policies and procedures that relate to PREA. 3. Pursuant to Section III., Compensation, A., 5, the rate of compensation is amended to reflect the rates indicated in Revised Addendum A. Addendum A is hereby replaced with Revised Addendum A, effective June 30, 2014. BALANCE OF PAGE INTENTIONALLY LEFT BLANK Page I of 5 Packet Pg. 139 7.J.1.a CONTRACT # WS824 Amendment # I All other terns and conditions of the original Contract remain in frill force and effect. This Ainendinent shall begin on June 30, 2014 or the last date of signature by all parties, whichever is later. IN WITNESS THEREOF, the parties hereto have caused this Ai enchxnent to be executed by their uridersigned officials as duly authorized_ AGENCY: ST. LUCIE COUNTY, BOARD OF COUNTY COMMISSIONERS M L SIGNED O BY: V O NAME: � m M TITLE: E N ti DATE: 00 T FEID ##: DEPARTMENT OF CORRECTIONS SIGNED BY: NAME: Michael D. Crews TITLE: Secretary Department of Corrections DATE: Page 2 of 5 SIGNED BY: NAME: TITLE: DATE: Approved as to form and legality, subject to execution. Jennifer A. Parker General Counsel Department of Corrections Packet Pg. 140 (;oea;uo3.ioge-j a;ewul : ZL8L) POSIAON 13ea;uoo aoge-1 a;ewul :;uauatloejjV q r` Revised Addendum A (L Inmate Work Squad Detail of Costs for St Lucie County Board of County Commissioners Y Interagency Contract Number WS824 Amd #1 Effective June 30, 2014 evo ***ENTER MULTIPLIERS IN SHADED BOXES ONLY IF TO BE INVOICED TO AGENCY*** Per Officer Total d Annual Cost Annual Cost I. CORRECTIONAL WORT( SQUAD OFFICER SALARIES AND POSITION RELATED -EXPENSES TO BE REIMBURSED BY THE AGENCY: Officers Salary # Officer: Multiplier 1 $ 54.194.00 $ 54,194,00 Salary Incentive Payment $ 1,128.00 $ 1,128.00 Repair and Maintenance $ 121.00 $ 121.00 State Personnel Assessment $ 354.00 $ 354.00 Training/Criminal Justice Standards $ 200.00 $ 200.00 Uniform Purchase $ 400.00 $ 400.00 Uniform Maintenance $ 350.00 $ 35C.00 Training/Criminal Justice Standards $ 2,225.00 TOTAL - To Be Billed By Contract To Agency $ 58,972.00 $ 56,747.00 Cost limited to first year of contract as this is not a recurring personnellposition cost. `° Annual cast dues not MClUde overtime pay. IA. The Overtime Hourly Rate of Compensation for this Contract is $31.85, if applicable. (The Overtime Hourly Rate of Compensation shall include the average hou0y rate of pay for a Correctional Officer and the average henan: package pt-ovided t)y the department, represented as time and one half for purposes of this Contract.) Number Total Squads Annual Cost II. ADMINISTRATIVE COSTS TO BE REIMBURSED BY THE AGENCY: Costs include but may not be limited to the following: Rain coats, staff high visibility safety vest, inmate high visibility safety vest, fire extinguisher, first aid kit, personal protection kit, flex cuffs, warning signs, handcuffs, Igloo coolers, portable toilets, insect repellants, masks, vaccinations, and other administrative expenses. 1 $ 75C.00 TOTAL - To Be Billed By Contract To Agency $ 750.00 Ill. ADDITIONAL AGENCY EXPENSES: Tools, equipment, materials and supplies not fisted in Section II above are to be provfded by the Agency. CELLULAR PHONE WITH SERVICE REQUIRED: YES Q NO ❑ ENCLOSED TRAILER REQUIRED: YES ® NO ❑ Addendum A Revised 06-02-03101-12-04 Page 3 of 5 (;oea;uoD .ioge-j ejewul : ZL86) paslAON 13ea;uoD aoge-1 a;ewul :;uauat4oejjV R 7 ~ ReV'sed AddeodUn) A Inmate Work Squad Detail of Costs for St Lucie County Board of County Commissioners Interagency Contract Number WS824 Amd #1 Effective June 30, 2014 Per Unit Number IV. OPERATING CAPITAL TO BE ADVANCED BY AGENCY: Cost of Units Hand Held Radio MACOM $4969.00 Vehicle Mounted Radio MACOM $5400.00 1 TOTAL Operating Capital To Be Advanced By Agency V. TOTAL COSTS TO BE ADVANCED BY AGENCY: 1. Operating Capital - from Section IV. 2. Grand Total - To Be Advanced By Agency At Contract Signing: VI. TOTAL COSTS TO BE BILLED TO AGENCY BY CONTRACT: 1. Correctional Officer Salaries and Positlon-Related Expenses - from Section I. 2. Other Related Expenses and Security Supplies - from Section II. 3. Grand Total - To Be Billed To Agency By Contract: VII. TOTAL OF ALL COSTS ASSOCIATED WITH CONTRACT: (Total of Sections V. and VI.) Total BIII To Provided Already Cost Agency By Agency Exists $ - 0 Total Cost $0.00 $0.00 Total Cost $56,747.00 .�75n nn g)a r ,-+a r .uu $57,497.00 VIII. OVERTIME COSTS: [f the contracting Agency requests overtime for the work squad which is approved by the Department, the contracting Agency agrees to pay such casts and will be billed separately by the Department for the cost of overtime. Addendum A Revised 06-02-03101-12-04 Page 4 of 5 N d r+ d Y V M IL 11 (;oea;uoD .ioge-j ejewul : ZL86) paslAON 13ealuoD aoge-1 a;ewul :;uauat4oejjV �p Cl) ti d Addendum A - INSTRUCTIONS Y Inmate Work Squad Detail of Costs for St Lucie County Board of County Commissioners i U Interagency Contract Number WS824 Amd #1 Effective June 30, 2014 a Section I. Costs in this section are determined each fiscal year by the Budget and Management Evaluation Bureau and are fixed. By entering the number of Officers required for this contract, the spreadsheet will automatically calculate the "Total Annual Cost" column. If this Work Squad is beyond the first year of existence, enter a zero (0) in the "Total Annual Cost" column for "Training/Criminal Justice Standards" after you have entered the "# Officers Multiplier". Section II. Safety and environmental health procedures require safety measures such as the use of safety signs, vests, and clothing. The Department's procedure for Outside Work Squads requires that all Work Squad Officers be responsible for ensuring their squad is equipped with a first aid kit and a personal protection equipment (PPE) kit. Section II identifies such required equipment. A new squad must be sufficiently equipped and an on -going squad must be re -supplied when needed. Type in the number of squads used for this contract and the spreadsheet will automatically calculate the fixed annual expense of $750.00 per squad and place the total in Section VI. Section III. Check "Yes" or "No" to indicate whether a Cellular Phone with Service and/or an Enclosed Trailer is required by the Contract Manager. Section IV. The Department's procedure for Outside Work Squads requires that they have at least one (1) primary means of direct communication with the Institution's Control Room. Communication via radio and/or cellular phone is appropriate. It is preferred that a backup, secondary means of communication also be available. It is the Agency's responsibility to provide them. If the Department purchases a radio(s), the Agency must fund the purchase at the time the Contract is signed. Check the box for the type of radio and fill in the Per Unit Cost for the type of radio, Number of Units, and Total Cost columns. Leave the Total Cost column blank if a radio(s) is not being purchased at this time. Check applicable boxes ("Bill to Agency", "Provided by Agency" and "Already Exists") for each radio. NOTE: All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract. Section V. The total funds the Agency must provide at the time the contract is signed will be displayed here when the form is properly filled out. Section VI. The total funds the Agency will owe contractually, and pay in equal quarterly payments, will be displayed here. Section VII. The total funds associated with the Contract, to be paid by the Agency as indicated in Sections V. and VI., will be displayed here. Section Vlll. Any agreement in this area will be billed separately as charges are incurred. Addendum A Revised 06-02-03/01-12-04 ?age 5 of 5 7.J.2 ITEM NO. (ID # 1885) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE AGENDA REQUEST Board of County Commissioners Mark DiMascio, Parks & Special Facilities Manager Parks & Special Facilities Division Pepper Park Dock Replacement & Rehabilitation 02/18/2014 *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES In the FY14 budget, funding is included in the Capital Improvement Plan for repairs and rehabilitation to the existing docks and boardwalks at the Pepper Park Riverside facility. The docks are in a state of disrepair with sections restricted from public access. Eight boardwalk of segments will be improved by replacing the decking material with products that are less susceptible to deterioration and will allow light to pass through in keeping with the Seagrass protection guidelines. Floating docks at the terminus of two of the boardwalk segments will be added to improve the safety and means of ingress/egress for boaters and canoeists. This work authorization will provide the permitting, design and inspection services to accomplish these tasks. PREVIOUS ACTION: Docks were constructed in 1993 as part of a Florida Communities Trust grant. FINANCIAL IMPACT: Sufficient funds for engineering services are available in the infrastructure account of the Boating Improvement Fund 187-7240-563000-147602. RECOMMENDATION: Board approval of Work Authorization No. 8 under Contract #C07-05-258 with Culpepper & Terpening, providing engineering services for the permitting, design and inspection of the repair and rehabilitation of the Pepper Park boardwalk segments and canoe launch facility in the amount of $69,545; as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 144 7.J.2 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures Edward Matthews, Parks, Recreatio Facilities Direct,2t 3/2014 _*6_-� J~ Heather Young, Asst. County Attorney 2/6/2014 Faye W. Outlaw, County Administrator 2/7/2014 updated: 2/3/2014 11:58 AM by Robert O'Sullivan C Page 2 Packet Pg. 145 (uoi}e1!1!geyeN 1g;ueweoeldeb 1300 )VIRd iedd8d : 9880 edoog 19 lesodoad 1'83 Jaed iedded :WOW43e}}d N 7 cuL-F-EPI=ER & TERPENING, INC CONSULTING ENGINEERS LAND SURVEYORS January 10, 2014 VLA: Email (dimascim co.st-lucie.fl.us) Original via Hand Delivery St, Lucie County Parks and Recreation 3020 Willfee Road Ft. Pierce, FL 34982-5652 Attn. Mark DiMascio, Manager RE: Pepper Park Dock Replacement & Rehabilitation (Revised) Agreement for Professional Engineering & Surveying Services Dear Mr. DiMascio: Project Number: 13-174 Contract File Sender's Email: sdoyle Q,ct-eng.com On behalf of the firm of Culpepper & Terpening, Inc., we are pleased to enclose two (2) revised copies of our Agreement for Professional engineering & Surveying Services for the design & permitting associated with Repast and Rehabilitation of the Pepper Park Boardwalks and Canoe Launching Facility located on the AIA in Fort Pierce, Florida. We have revised the scope of services and the fee based on your request in order to stay within your budget restraints. Several of the items revised from the initial scope of services are bulleted below: • Oruitte.d.Meeting--with SEWX M. and- FDl .P; • Omitted Feasibility Report; • Omitted Cultural Resources Assessment Survey (CRAS) • One meeting with County staff is anticipated to receive design comments and/or suggestions; • One response to Bidders is anticipated during the bidding process; • Technical specifications shall be incorporated onto the plan sheets and not issued as a separate stand alone document. • Periodic site visits for construction observation have been reduced from 50-hours to 32-hours. If this proposal meets with your approval, please execute both contracts, initial each page, and return both copies to our office. Upon receipt, we will provide your office with one fully --executed original contract. An executed contract will serve as the notice to proceed. We appreciate the opportunity to provide this proposal. We look forward to being a part of your project team. If you should you have any questions or require any additional information, please feel free to contact me directly at (772) 464- 3537. G, INC. Doyle, P.E. Manager Bill Archebelle, PM, C&T (emit barchebellckct-eng.mip) A LEGACY OF EXPERTISE AND EXCELLENCE 2960 SOUTH 25TH STREET I FT. PIERCE, FL 34981 (772) 464-3537 FAX: (772) 484,9497 Professional Services Agreement Between Culpepper & Terpening, Inc. (Engineer) and St Lucie County Parks & Recreation (Client) Pepper Park Boardwalk and Canoe Launch Renovations Project Number 13-174 January 9, 2014 WORK AUTHORIZATION DATE: January 9, 2014 WORK AUTHORIZATION NO.: 13-174 PROJECT Pepper Park Boardwalk and Canoe Launch Renovations CONSULTANT: Culpepper & Terpening, Inc. I. PROJECT DESCRIPTION/OBEJECTIVES Design, permitting & bidding assistance for the renewal and rehabilitation of seven (7) fixed based elevated boardwalk segments and one (1) Canoe Launch Boardwalk/Ramp at the County's Pepper Park recreational facility located on SR A1A in Fort Pierce, Florida on the west side of SR-A1A, opposite the entrance to the UDT Seal Team Museum. An aerial site plan image of the Boardwalks is illustrated on Exhibit-B "Conceptual Site Plan". The County's objectives are to improve Pepper Park as follows: ■ Boardwalks No. 3, No. 4, No. 5, No 6, No. 7 and No. 8 are proposed to be improved by replacing the decking material with products that are less susceptible to deterioration, replacing piles and meeting the Seagrass protection guidelines. The boardwalks will maintain their present design configuration, such as walkway height, width and length. ■ Boardwalk Segments No. 1 and No. 2 are proposed to be improved by replacing the decking materials with products that are less susceptible to deterioration and meet the Seagrass protection guidelines. In addition floating docks at the terminus will be added to allow access for boaters and canoeists. II. SCOPE OF SERVICES To accomplish the above objective, the services will be divided into the following phases: PHASE 1— PLANNING/FEASIBILITY Task 1.1: Concept Plan The Engineer shall prepare a conceptual site plan which shall include the following: ■ Conduct a site visit with County P&R staff to determine specific needs. ■ Prepare a Bathometric Survey along the perimeter of the each of the eight (8) boardwalks for a maximum distance of 150-ft from the outside of the ramp/boardwalks. Client's Initials: C&T Initials: C:\Use.\sdoyle\AppD.i \Local\Temp\13-174 Client 001b, DiM.sdo - Pepper Park Boardwalk and Canoe Launch PROPOSAL (01-09-14)_693660\13-174 Chem 001b, DiMascio - Pepper Park B—dwok and Canoe Launch Rage 1 Of 10 PROPOSAL (01-09-14).d— Packet Pg. 147 Professional Services Agreement Between Culpepper & Terpening, Inc. (Engineer) and St Lucie County Parks & Recreation (Client) Pepper Park Boardwalk and Canoe Launch Renovations Project Number 13-174 January 9, 2014 Prepare a Preliminary Jurisdictional Location Seagrass (halophila johnsonii) Map. Prepare a Final Jursidictional Seagrass analysis during the optimal growing periods during the year, April through August. Prepare a cross section of the proposed modification to Boardwalk Segments #1 and #2 which depicts the floating ramp and the transition platforms from the fixed elevated boardwalk to the lower floating ramp. Prepare a Preliminary/Conceptual Site Plan and details showing the plan of the new floating courtesy docks on Boardwalk Segments #1 and #2 and the existing Boardwalk. PHASE 2: PRELIMINARY DESIGN Task 2.1: Preliminary Design The Engineer shall provide the following services: ■ Provide project representation and attend one (1) preliminary design meetings with St Lucie County P&R staff. ■ Engineer shall prepare and submit a Site Plan to St. Lucie County Parks & Recreation that will include the following: o The Site plan base map shall be based upon maps provided by St Lucie County Parks; and Recreation and available County Tax Maps; o Location of existing boardwalk supports, braces, piles and decking; o Proposed fixed Boardwalk, details, sections and profiles; and o Proposed Floating Ramp details, sections and profiles. ■ Attend one (1) follow up meetings with St Lucie County P&R Staff and respond to one (1) request for changes by staff PHASE 3: FINAL DESIGN Task 3.1: Final Design The Engineer shall provide the following services: Engineer shall provide 100% design plans for bid letting and submission of permit applications, and will include the following: o Final Site plan; o Horizontal Control Plan; o Demolition Plan, existing boardwalk supports, braces, piles and decking; o Proposed Fixed Boardwalk, details, sections and profiles; o Proposed Floating Ramp details, sections and profiles; o Maintenance of Traffic Plan and Construction Staging Plan; o Water Resource/Storm-water Pollution Prevention Plan (SWPPP); o Seagrass Protection Plan; and Client's Initials: C&T Initials: C:\Use.\sdoyle\AppD.i \Local\Temp\13-174 Client 001b, DiMascio - Pepper Park Boardwalk and Canoe Launch PROPOSAL (01-09-14)_693660\13-174 Chem 001b, DiMascio - Pepper Park B—dwok and Canoe Launch Rage 2 Of 10 PROPOSAL (01-09-14).d— Packet Pg. 148 Professional Services Agreement Between Culpepper & Terpening, Inc. (Engineer) and St Lucie County Parks & Recreation (Client) Pepper Park Boardwalk and Canoe Launch Renovations Project Number 13-174 January 9, 2014 o Technical Specifications & Notes on plan set. Task 3.2: Permitting Services ■ The Engineer will prepare and submit the following permit applications: o Prepare a Nationwide (NWP) Permit under the US Army Corps of Engineers (ACOE) /FDEP. o SFWMD — SWPP Plan Permit Prepare a Special Purpose Survey for Submerged Land Lease exhibits for the County (Existing Boardwalks). Prepare the Final Jurisdictional Location Seagrass Map. PHASE 4: BIDDING SERVICES Task 4.1: Bidding Services The Engineer shall provide the following services: ■ Technical specifications and/or notes will be incorporated into the plan set; ■ Provide the Client an electronic format (PDF) of the "bid set" drawings suitable for the solicitation of bids; ■ The County shall prepare the advertisement and bid forms and be the primary recipient of bid questions and/or comments; and ■ The Engineer will respond to a one (1) request for additional information (RAI) from perspective bidders and make a recommendation of award. PHASE 5: CONSTRUCTION SERVICES Task 5.1: Construction Observation Services Construction services shall be based upon the construction schedule provided by the Client. The duration of the construction effort is anticipated to be approximately 6-months. Construction activity will be periodic since the start up and close out of the construction is estimated to take thirty (30) days and the fabrication of the boardwalk and ramps will take eight (8) weeks from the date of shop drawing review, thus we have estimated a construction period of four (4) months. The Engineer shall provide the following construction services: ■ One (1) pre -construction meeting with owner, contractor, and engineer; ■ One (1) pre -construction meeting with the permitting agencies; ■ Review of Construction schedule, shop drawings, fabrication drawings. ■ Periodic site visits [twelve (12) site visits] during construction, estimated at approximately 32 hours. ■ One (1) preliminary walk-thru inspection with County and Contractor; ■ One (1) preliminary walk-thru inspection with the permitting agencies; one (1) final walk-thru inspection with Contractor and SLC P&R. Client's Initials: C&T Initials: C:\Use.\sdoyle\AppD.i \Local\Temp\13-174 Client 001b, DiMascio - Peppe Park Boardwalk and Canoe Launch PROPOSAL (01-09-14)_693660\13-174 Chem 001b, DiMascio - Nppe, Park Bo dwok and Canoe Lamch Rage 3 Of 10 PROPOSAL (01-09-14).doc Packet Pg. 149 Professional Services Agreement Between Culpepper & Terpening, Inc. (Engineer) and St Lucie County Parks & Recreation (Client) Pepper Park Boardwalk and Canoe Launch Renovations Project Number 13-174 January 9, 2014 ■ Prepare a certification statement on the work performed in meeting the technical specifications and performance criteria. Engineer shall review the completed work by the Contractor and make recommendations of any adjustments needed to meet certification criteria. ■ Provide six (6) sets of the construction plans for distribution to the awarded contractor. PHASE 6: POST CONSTRUCTION SERVICES Task 6.1 Agency Certifications Upon acceptable completion of the work by the Owner the Engineer will prepare the following: ■ A construction quantity true up; ■ A certification of final cost to St. Lucie County; ■ A certificate of completion to St. Lucie County; ■ A certificate of completion to the Permitting Agencies; and ■ Preparation & Submission of Turnover Documents to SLC Parks & Recreation. PHASE 7: GENERAL ENGINEERING SERVICES Task 7.1: To Be Determined (as requested and approved by the Client) PHASE 8: DIRECT EXPENSE Task 8.1 Reimbursable Expenses Reimbursable expenses including any direct, non -salary expense, including, but not limited to copies, blueprints, out -of -office reproduction or photographic services, local travel, special mailing services, contract services authorized by the CLIENT, County required notification and publication services, etc. All reimbursable expenses will be billed in accordance with the rate schedule provided in Appendix A-1. III. ASSUMPTIONS/CLARIFICATIONS This contract is hereby qualified by the following: 1. Record Drawings or as -built surveys are not included. 2. County shall provide available associated maps, record drawings plans, details, etc. in AutoCAD format, and shall provide available environmental studies, prior permits, reports, technical papers, etc. in MS word format if available, or else in PDF format; 3. Tree surveys are not included; 4. Archeological Services involving field analysis and Shovel testing and geotechnical services for design and/or construction testing are not included are not included-, 5. Cultural Resources Assessment Survey (CRAS) is not included. 6. Submissions for Permits are limited to those tasks specifically listed above under Phase 3. 7. Client will provide a legal description and/or Warranty Deed for the property; 8. No Boundary or Topographic surveys are included; 9. Irrigation and Site Lighting plans by Client; 10. Preparation of Conservation Easements is not included; 11. Preparation of submerged lands lease is not included; Client's Initials: C&T Initials: C:\Use.\sdoyle\AppData\Local\Temp\13-174 Client 001b, DiMascio - Peppe Park Boardwalk and Canoe Launch PROPOSAL (01-09-14)_693660\13-174 Chem 001b, DiMascio - Nppe, Park Bo dwok and Canoe Lamch Page 4 of 10 PROPOSAL (01-09-14).doc Packet Pg. 150 Professional Services Agreement Between Culpepper & Terpening, Inc. (Engineer) and St Lucie County Parks & Recreation (Client) Pepper Park Boardwalk and Canoe Launch Renovations Project Number 13-174 January 9, 2014 IV. BREAKDOWN OF FEES Services to be provided by this Consultant pursuant to this Work Authorization (WA) shall be provided in accordance with Section II above. The following is a breakdown of the anticipated fees by phase: C&T shall invoice the client to the Phase level defined below: Phase Task Phase Description Fee Amount ($) T e Phase 1 Planning/ Feasibility Task 1.1 1 Concept Plan $ 17,875.00 LS Phase 2 Preliminary Design Task 2.1 1 Preliminary Design $ 12,700.00 LS Phase 3 Final Design Task 3.1 Final Design $ 17,650.00 LS Task 3.2 Permitting Services $ 3,600.00 T&E Phase 4 Bidding Services Task 4.1 1 Bidding Services $ 1,700.00 LS Phase 5 Construction Services Task 5.1 1 Construction Observation Services $ 10,000.00 T&E Phase 6 Post Construction Services Task 6.1 1 Agency Certifications $ 4,500.00 I'S Phase 7 General En ineerin Services Task 7.1 1 General EWg7ineering Services TBD TBD Phase 8 Direct Expense Task 8.1 Estimated Reimbursable Expense $ 800.00 T&E ACOE- Nationwide Permit Submission $ 120.00 T&E SFWMD — SWPPP Plan $ 600.00 T&E GRAND TOTAL $ 69,545.00 Reimbursable Expenses for this project are estimated to be 1$ ,920.00 and will be billed on a T&E basis. The term "LS" indicates a Lump Sum fee for the tasks specified and is intended to be a fixed fee, not subject to change without the agreement of both parties. The term 'T&E" indicates a Time dam' Expense task and this is an estimated budget figure only. The term "ATE" indicates a Not to Exceed task and shall not be exceeded without written prior approval. Client's Initials: C&T Initials: C:\Use.\sdoyle\AppD.i \Local\Temp\13-174 Client 001b, DiM,,d, - Pepper Park Boardwalk and Canoe Launch PROPOSAL (01-09-14)_693660\13-174 Chem 001b, DiMascio - Pepper Park B—dwok and Canoe L—h Page 5 of 10 PROPOSAL (01-09-14).d— Packet Pg. 151 VI Professional Services Agreement Between Culpepper & Terpening, Inc. (Engineer) and St Lucie County Parks & Recreation (Client) Pepper Park Boardwalk and Canoe Launch Renovations Project Number 13-174 January 9, 2014 COMPLETION DATE & DELIVERABLES 7.J.2.a All work authorized shall be completed in accordance with the following schedule: C&T is dependent upon release of permits for regulatory agencies that are not subject to our control. The actual date of deliverables is predicated on release of these permits from outside regulatory agencies. Phase DELIVERABLES ESTIMATED COMPLETION Phase 1 Feasibility 60 days from NTP Phase 2 Preliminary Design 120 days from NTP Phase 3 Final Design TBD Phase 4 Bidding Services TBD Phase 5 Service During Construction TBD Phase 6 Post Construction Services TBD NTP = Notice to Proceed TBD = To Be Determined ATTACHMENTS The following documents, as applicable, are attached and are incorporated into this Work Authorization: Exhibit -A. Consultants Hourly & Reimbursable Rate Schedule Exhibit-B. Vicinity Map of Project Area This contract is hereby qualified by the following: Coordination of miscellaneous expenses (check if applicable: Client will reimburse the Consultant for the actual cost of permits or fees required by applicable governmental entities, obtained by consultant on behalf of the client. A 20% ✓ surcharge will be applied to the application cost for this service. ✓ Client will reimburse Consultant for its out-of-pocket expenses related to employee travel. ✓ Client will reimburse Consultant for direct costs, such as reproduction, equipment rental, and delivery services (Federal Express). See Appendix A-1 ✓ Client will reimburse Consultant for direct costs related to testing. ApprovedBy. Company Name: Contact Name: Contact Title: Submitted By.• Culpepper & Terpening, Inc. James P. "Butch" Terpening, Jr., P.E. President Date: C:\Use.\sdoyle\AppD.i \Local\Temp\13-174 Client 001b, DiMascio - Peppec Park Boardwalk and Canoe Launch PROPOSAL (01-09-14)_693660\13-174 Chem 001b, DiMascio - Peppe, Park Bo dwok and Canoe Lamch PROPOSAL (01-09-14).doc Client's Initials: C&T Initials: Page 6 of 10 Packet Pg. 152 7.J.2.a Professional Services Agreement Exhibit "A" to Work Authorizations GENERAL CONDITIONS Project Number 13-174 These general conditions are attached and made part of proposals and agreements for services by Culpepper & Terpening, Inc., the Consultant. 1.0 Standard of Care Consultant, providing services under the Agreement, will endeavor to perform in a manner consistent with the degree of care and skill exercised by members of the same profession under similar current circumstances. 2.0 Basic Services Consultant shall provide mutually agreed -upon services outlined in applicable Work Authorizations for a specific project. Specific work assignments will be initiated as directed by the Client and shall be set forth in individual Work Authorizations. The Work Authorizations shall describe the scope of the work to be performed by the Consultant, the responsibilities of the Consultant, the amount and basis for the compensation to the Consultant. 3.0 Client Responsibilities Client shall designate in writing, a person to act as his/her representative with respect to the services to be rendered under the Agreement. Client shall provide all criteria and information required for Consultant to perform services under the Agreement. Client shall provide for access to and make all provisions for Consultant to enter upon public and private property as required to perform services under the Agreement. 4.0 Compensation a) Monthly progress invoices for basic services and additional services submitted by Consultant are due upon presentation and shall be considered past due if not paid within thirty (30) calendar days. b) Hourly services shall be invoiced based on applicable hourly rates in accordance with the Rate Schedule which is subject to annual adjustment. c) In order to provide uninterrupted service by Consultant, Client is required to promptly pay submitted invoices. Client shall have a fourteen (14) day review period to request clarification or additional information regarding an invoice. If no request is made during the review period, the invoice is deemed approved and payment will be made in the full amount of the invoice. If payment in full is not received by Consultant within thirty (30) calendar days, all past due amounts shall bear interest at one and one- half (1.5) percent per month from said thirtieth (30th) day. d) If Client fails to make payments when due or otherwise breaches the Agreement, Consultant may suspend performance of services with seven (7) days written notice to Client. Consultant shall have no liability whatsoever to Client for any costs or damages whatsoever as a result of such suspension caused by any breach of the Agreement by Client. Upon payment in full by Client, Consultant may, upon written agreement of both parties, resume services under the Agreement and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for Consultant to resume performance. e) Payment of invoices is in no case subject to unilateral discounting or setoffs by Client and payment is due regardless of suspension or termination of the Agreement by either party. 5.0 Permit, Agency and Application Fees Client shall be responsible for and pay all project -related fees including, but not limited to, permitting, filing, recording, inspection, plan review, DRI, PUD, rezoning and impact fees. Any mutually agreed -upon project -related fee up to $500 may be paid by Consultant and invoiced as a reimbursable expense by Client. 6.0 Collection Costs In the event that any invoice or portion thereof remains unpaid for more than thirty (30) days following the invoice date, Consultant may initiate legal action to enforce the compensation provision of the Agreement. Consultant is entitled to collect any judgment or settlement sums due, reasonable attorney fees, court costs, interest and expenses incurred by Consultant in connection with the collection of any amount due under the Agreement. 7.0 Reimbursable Project -related expenses such as travel, lodging, per diem, long distance communications, postage, shipping, reproductions, subcontracted services and other necessary and customary costs shall be paid to Consultant by Client. These reimbursables shall be compensated at: • Unit prices per Consultant's Rate Schedule. • Out-of-pocket expenses billed at a multiplier of 1.20 to cover processing costs. 8.0 Taxes Any government -imposed taxes or fees shall be added to the invoice and paid by Client to Consultant for services under the Agreement. 9.0 Indemnification a) Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its officers, directors, employees and independent Subconsultants against all damages, liabilities or costs including reasonable attorneys fees and defense costs, arising out of, or connected with, the Agreement or performance by any of the parties above named of the services under the Agreement, except those damages, liabilities or costs attributed to the negligent acts or negligent failure to act by Consultant. b) Client agrees that as Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, a Florida corporation, and not against any of Consultant's individual employees, officers or directors. c) Client agrees to indemnify Consultant, its officers, directors, employees and independent Subconsultants against all damages, liabilities or costs arising out of, or in any way connected with, the Agreement or the performance by any of the parties above -named of the services under the Agreement by any third party. 10.0 Limitation of Liability In recognition of the relative risks and benefits of the project to both Client and Consultant, Client agrees to the fullest extent permitted by law, to limit the liability of Consultant and/or its employees, officers, directors, partners, agents and/or representatives to Client and/or any person and/or entity claiming by and/or through Client for any and all claims, losses, costs, damages or claim's expenses from any cause or causes, including, but not limited to, attorney fees and costs resulting from Consultant's negligent acts, errors and/or omissions. The total liability of Consultant to Client shall in no event exceed $100,000. d O t� N otf N O CL O L. a H 06 U L tv a L d CL N a c d E t t) .r Q Client's Initials: C&T Initials: Page 7 of 10 Packet Pg. 153 7.J.2.a Professional Services Agreement Exhibit "A" to Work Authorizations GENERAL CONDITIONS Project Number 13-174 11.0 Instruments of Service Ownership a) All reports, plans, specifications, electronic files, field data, notes and other documents and instruments prepared by Consultant as the Agreement's instruments of service shall remain the property of Consultant. Consultant shall retain all common law, statutory and other reserved rights, including the copyright thereto. b) Instruments of service by Consultant are for the sole use of Client and are not to be copied or distributed, in any manner, to a third party, without the express written permission of Consultant. Electronic information or files are for informational purposes only. It is the responsibility of Client to verify the accuracy of the information therein and to hold Consultant harmless for any damages that may result from the use of the information. Client at his own cost shall be responsible for validating any and all electronic information provided. 12.0 Governing Law Client and Consultant agree that the Agreement and any legal actions concerning said Agreement shall be governed by the laws of the State of Florida. 13.0 Mediations/Dispute Resolution a) To resolve any conflicts which might arise during the performance of Consultant's services under the Agreement, or during the construction of the Project, and/or following the completion of the project, Client and Consultant agree that all disputes, pertaining to the performance of services by Consultant, shall be first submitted to non- binding mediation. Failure by any party to fully comply with the pre -suit mediation provision shall, upon finding by a court and/or jury, constitute a waiver of this condition precedent. The fees and/or costs of mediation shall be equally borne by the parties to the Agreement. b) In the event of litigation, disputes shall be resolved in the circuit court of the Florida county in which the Project is located under the Agreement. The prevailing party in such litigation shall be entitled to recover from the non -prevailing party all reasonable attorney fees, taxable court costs, expert witness fees and costs, demonstrative evidence costs, and such other reasonable fees and/or costs generally associated with the litigation of such matters, as determined upon hearing, post -trial, by the court. c) Irrespective of any contract provision or obligation of either party hereunder pursuant to contract or agreement with person(s) and/or entity(ies) not specifically named herein, Consultant shall not be obligated to participate in, nor be a named party in, any arbitration proceeding without the express written consent of Consultant. 14.0 Delays a) In the event the project under the Agreement is delayed for a period of more than fifteen (15) calendar days by any act or omission by Client or any other causes beyond Consultant's exclusive control, Client agrees that Consultant is not responsible for any and all damages arising directly or indirectly from such delays. In addition, if the delays resulting from any such causes increase the cost or time required by Consultant to perform its services in an orderly and efficient manner, Consultant shall be entitled to an equitable adjustment in schedule and/or compensation prior to re- commencing work on the project. b) Client recognizes and agrees that factors both within and without Consultant's control may delay the work performance, permit issuance, design and construction of the project. Client agrees that it shall not be entitled to any claim for damages due to hindrances or delays from any cause whatsoever including, but not limited to: the production of contract documents; review of documents by any government agency; issuance of permits from anv zovernment aaerim beainnina or completion of construction; or performance of any task of the work pursuant to the Agreement. Permitting is a regulatory function and Consultant does not guarantee issuance of any permit. Agency reviews and pennitting are deemed "factors" outside Consultant's control. 15.0 Termination The Agreement and the obligation to provide further services under the Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of termination of the Agreement by either party, Client shall within fifteen (15) calendar days of termination, pay Consultant for all services rendered to date, all reimbursable costs and termination expenses incurred by Consultant up to the date of termination, in accordance with the payment provisions of the Agreement. 16.0 Renegotiation of Fees Consultant reserves the right to renegotiate fixed fees to reflect changes in price indices and pay scales applicable to the period when services are rendered. 17.0 Construction Phase Consultant shall not, during any site visits or as a result of observing Contractor's (s� work in progress, supervise, manage, direct or have control over Contractor's (s� work. Nor shall Consultant have any authority or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing its work. Consultant can neither guarantee the performance of the construction contracts by Contractor(s) nor assume any responsibility for Contractor's (s� failure to finish and perform its work in accordance with the contract documents. 18.0 Hazardous Materials Consultant's Scope of Services does not include any services related to the presence of any hazardous or toxic materials including, but not limited to asbestos, toxic or hazardous waste, PCB's, combustible gases and materials, petroleum or radioactive materials. In the event any hazardous or toxic materials are present on or about the job site or any adjacent areas that may affect the performance of Consultant's services, Consultant may, at its option and without liability for consequential or other damages, suspend performance of its services under the Agreement until Client retains appropriate consultants or contractors to identify and abate or remove the hazardous or toxic materials in full compliance with all applicable laws and regulations. 19.0 Signage Client agrees to provide Consultant with a location for Consultant's temporary construction Signage on the project site before and during construction activities. 20.0 Successors and Assigns Neither party to the Agreement shall transfer, sublet or assign any rights under or interest in the Agreement (including, but without limitation, monies that may become due or monies that are due) without the prior written consent of the other party. Subcontracting to subconsultants normally contemplated by Consultant shall not be considered as an assignment for purposes of the Agreement. END OF DOCUMENT Q Client's Initials: C&T Initials: Page 8 of 10 Packet Pg. 154 7.J.2.a Professional Services Agreement Exhibit "A" to Work Authorizations GENERAL CONDITIONS Project Number 13-174 Appendix A Culpepper & Terpening, Inc. Consultants Hourly & Reimbursable Rate Schedule Professional Services Rate Principal Engineer, P.E. $195.00 Principal Planner $195.00 Senior Project Manager, P.E. $175.00 Senior Project Engineer, P.E. $135.00 Senior Project Surveyor, P.S.M. $160.00 Senior Land Surveyor, P.S.M. $125.00 Senior Project Manager $125.00 Project Engineer, P.E. $125.00 Project Manager $90.00 Project Engineer, E.I.T. $90.00 Senior Construction Manager $125.00 Construction Manager $90.00 Construction Inspector $75.00 GIS Project Manager $90.00 Sr. Engineering Technician $75.00 Engineering Technician $60.00 Sr. Surveying Technician $75.00 Surveying Technician $60.00 Administrative Services $40.00 3-D Laser Scan Crew $175.00 GPS Survey Crew $145.00 Survey Crew $125.00 Reimbursable Expense Blue Print $1.50 Blue Print - Color $10.00 Mylar $10.00 Compact Disc $10.00 Small Copy $0.20 Large Copy $0.35 Color Copy $0.35 Federal Express At Cost Travel (Per Mile) IRS Rate $0.565 Outside Services and Application Fees Cost +20% Dates are valid until December 31, 2013 Client's Initials: C&T Initials: Page 9 of 10 Packet Pg. 155 7.J.2.a Professional Services Agreement Project Number 13-174 Exhibit B - Conceptual Site Plan There is One (1) Canoe Launch Boardwalk/Ramp and Seven (7) fixed Boardwalk Segments Client's Initials: C&T Initials: Page 10 of 10 Packet Pg. 156 7.J.2.b WE MPRIWV—% COUNTY F L 0 R i D A WORK AUTHORIZATION NO. 08 CONTRACT C07-05-258 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2014, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County' and CULPEPPER & TERPENING, INC., hereinafter referred to as the "Consultant". W ITN ESSETH: WHEREAS, on May 1, 2007, the County entered into a Consulting Agreement (Contract No. C07- 05-258) hereinafter referred to as "Contract" with the Consultant to provide continuing professional civil engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: Pepper Park Dock Replacement and Rehabilitation Professional Engineering & Surveying Services (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-05-258). The services to be provided by Consultant Page 1 of 3 Packet Pg. 157 7.J.2.b on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule which is made a part of this work authorization and incorporated herein. 3. CONSTRUCTION COSTS: The construction costs of the Project for which Consultant will render the Professional Services are estimated by the County not to exceed $2,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 4. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of sixty-nine thousand five hundred forty-five and 00/100 dollars ($69,545.00) as further detailed in Exhibit "A". 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work as further described in Exhibit "A". C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated damages, a sum of fifty and 00/100 Dollars ($50.00) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. Page 2 of 3 Packet Pg. 158 7.J.2.b IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: DEPUTY CLERK WITNESSES: (1) (2) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CULPEPPER & TERPENING,INC. BY: PRINT NAME: TITLE: Page 3 of 3 Packet Pg. 159 7.J.3 ITEM NO. (ID # 1887) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 02/18/2014 Guy D. Medor, Regional Parks & Stadiums Manager Regional Parks & Stadiums Division *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES Additional Funding Request - John B. Parks Regional Park — irrigation wells and Baseball Fields Expansion Project The Department requests Board approval to allocate an additional $265K Parks' (MSTU) to provide funding for irrigation wells to support our existing fields and planned field expansion at John B. Parks Regional Park. The funding for this work is currently available in the Parks' MSTU reserves. This funding became available after two "Green Sports Lighting" projects were completed through a Department of Energy grant in the amount of $250K in August 2013. As a result, these funds were returned to the Parks' MSTU fund and made available for other projects. The justification for use of these funds is as follows: In October 2012, the Board of County Commissioners approved the construction of two baseball fields at the John B. Parks Regional Park. During the initial planning phase of the water use permit with South Florida Water Management District (SFWMD), staff was notified that two of our three irrigation wells, originally dug in the early 1970s, were unpermitted. No permit mechanism was in place in the 1970s but to comply with current SFWMD regulations, permits would now be required to operate our wells and maintain the existing athletic facilities (baseball and football fields). Furthermore, in the 1970s and early 1980s, the Fort Pierce Utilities Authority (FPUA), established its south well field within our sports complex. Recently, FPUA claimed that our irrigation wells negatively impacted their well production and were not in favor of us adding new wells. As a result, the County retained the services of CDM Smith, Inc. ($115K) to help us evaluate our options and navigate through the water use permit process. This included a modeling of all the wells within a one -square -mile diameter of our sports complex. CDM Smith Inc. also conducted a video analysis of our floridan (deep) well in an effort to determine its usability ($20K). In January 2014, CDM Smith, Inc.'s completed their evaluation and reported the following: a. The existing County wells had insignificant to no impact on FPUA's operation. b. FPUA's concerns were addressed and resolved. c. Our floridan well, which should have been abandoned in the early 1970s is unusable, will not be permitted and must be abandoned and capped. d. FPUA has agreed to bear the cost of abandoning the floridan well. Packet Pg. 160 7.J.3 e. Three additional 8-inch surficial (shallow) wells are needed to maintain the athletic turf and common grounds at the complex - estimated cost $100,000. In summary, staff's original construction cost estimates for the baseball fields expansion project did not include the aforementioned/unforeseen expenditures for irrigation wells, permits, and engineering studies. Therefore, additional Parks' MSTU funding is necessary to proceed with the scope of the original project. The Capital Improvement Plan CIP14-034 is also attached. The construction bid for the two new baseball fields has been submitted and received. Anticipating the Board's approval of this request and in an effort to stay on schedule, a companion agenda item (#1889) is being submitted for Board approval to award a contract to Tan Construction Services Inc. to construct the baseball fields. PREVIOUS ACTION: October 23, 2012 - Item VI-C2 - BOCC approved the allocation of $830K (MSTU) to fund the project. October 10, 2012 - The TDC approved the transfer of $300K from the Backus Gallery & Museum grant to Parks, Recreation & Facilities for this project. June 18, 2013 - Item #1360 - BOCC approved work authorization #44 to CDM Smith, Inc to coordinate the water use permit efforts with South Florida Water Management District (SFWMD), and resolve pending issues with local utility authorities ($115 K). FINANCIAL IMPACT: Sufficient funds have been returned to the Parks Municipal Services Taxing Unit (MSTU) reserves to support this request in the amount of $265,000.00. - 129-7210-563000-137607 RECOMMENDATION: Board approval to allocate an additional $265K of Parks MSTU funding (CIP14-034) in order to proceed with the construction of three additional irrigation wells, abandonment of one floridan well, construction of two baseball fields, and adding stadium seating (baseball field #1) at the John B. Parks Regional Park. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson updated: 2/10/2014 12:44 PM by Guy D. Medor Page 2 Packet Pg. 161 7.J.3 Coordination/Signatures Edward Matthews, Par , Recreatio Facilities Directa2/4/2014 ON �_ Heather Young, Asst. County Attorney 2 6 2014 Faye Outlaw, -County Administrator 2/7/2014 updated: 2/10/2014 12:44 PM by Guy D. Medor Page 3 Packet Pg. 162 7.J.3.a ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: Lawnwood Baseball Expansion PROJECT #: 137607 DEPARTMENT: Parks, Recreation & Facilities DATE PREPARED: 2/5/2014 DIVISION: Regional Parks & Stadiums PROJECT MGR: Guy D. Medor TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES MNO RENOVATION: APPROVED: YESNO MAINTENANCE: REVISED: YESNO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: The Florida Baseball School (FBS) has been using our baseball fields at John B. Parks for more than 32 years. This effort will have significant local economic impact on the County. During the initial planning phase of the water use permit with South Florida Water Management District (SFWMD), staff was notified that two of our three irrigation wells, originally dug in the early 1970s, were unpermitted. Following a modeling by CDM Smith, Inc, it was further determined that three new wells would be needed in order to meet our water requirements. These unforseen expenditures necessitated a request for additional funding. THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO LEVEL OF SERVICE IMPACT: By adding these two fields and upgrading baseball field #1 with stadium -like bleachers and press -box, the FBS will be able to host division II college teams. DEPARTMENT PRIORITY LEVEL �1 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY13-14 FY 13-14 FY 14-15 FY 15-16 FY16-17 FY17-18 5-YEAR FROM FY 13 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 1,020,221 265,000 1,285,221 1,285,221 AIPP 0 0 TOTAL: 1,020,221 265,000 1,285,221 0 0 0 0 1,285,221 FUNDING SOURCES & AMOUNTS FY13-14 FY 13-14 FY 14-15 FY 15-16 FY16-17 FY17-18 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Parks MSTU Fund 129 265,000 985,221 985,221 Sports Complex Imp Fund 362 300,000 300,000 0 0 TOTAL: 265,000 1,285,221 0 0 0 0 1,285,221 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET $1,130,000.00 TOTAL LIFE TO DATE EXPENDITURE lir OPERATING IMPACT (Includes add'I personnel needs as well as any other FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Neededl 1 2 1 1 1 2 Estimated Operating Impact 1 $125,000.001 1 1 125,000 REMARKS: Two Maintenance Tech III will be hired to handle the additional workload of maintaining the estimated seven (7) acres of bermuda turf and common grounds. CAPITAL IMP REQ # : CIP14-034 ACCOUNT #: 129 7210 563000 137607 (additional lines for multiple fund sources) ti 00 00 N O LL d N O m N Y L IL m c t O M O 4 TMM IL V r C d z t� to r� a Packet Pg. 163 7.J.4 ITEM NO. (ID # 1889) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE AGENDA REQUEST Board of County Commissioners Guy D. Medor, Regional Parks & Stadiums Manager Regional Parks & Stadiums Division 02/18/2014 *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES Award of Bid No. 14-011 - Construction of Two Baseball Fields at John B. Parks Regional Park The purpose of this bid is for the addition of two baseball fields at the Lawnwood Sports Complex. This project includes earthwork, sodding, grassing and irrigation. In an effort to minimize costs, fencing for the baseball fields was requested as alternate pricing in the bid documents, the alternate for fencing will not be awarded to the low bidder. The County currently has four fence contractors on contract; therefore, staff will retain the services of the fencing contractor for that phase of the project. On January 29, 2014, submittal's to Bid No. 14-011 Lawnwood Baseball Fields Expansion Project, were opened. Four proposals were received; 647 companies were notified and 64 bid documents were distributed. Bid No. 14-011 included Local Preference Ordinance 09-005. Bid No. 14-011 did not include the Apprenticeship Requirement as there were no trades included for which there is an apprenticeship program registered with St. Lucie County. This agenda item is a companion item to agenda item (#1887). Staff is recommending approval to award Bid No. 14-011 to the lowest responsive and responsible bidder, Tan Construction Services Inc., of West Palm Beach, in the amount of $574,945. PREVIOUS ACTION: October 23, 2012 - Item VI-C2 - BOCC approved the allocation of $830K Parks (MSTU) to fund the project. October 10, 2012 - The TDC approved the transfer of $300K from the Backus Gallery and Museum grant to Parks, Recreation and Facilities for this project. June 18, 2013 - Item #1360 - BOCC approved work authorization #44 to CDM Smith, Inc. for $115 K to coordinate the water use permit efforts with South Florida Water Management District (SFWMD), evaluate our irrigation well capability and resolve pending issues with local utility authorities. FINANCIAL IMPACT: Sufficient Municipal Services Taxing Unit Parks' (MSTU) funds are available to construct the two baseball fields at the John B. Parks Regional Regional Park - 129-7210-563000-137607. Packet Pg. 164 7.J.4 RECOMMENDATION: Board approval to award Bid No. 14-011 to Tan Construction Services Inc. The lowest responsive and responsible bidder in the amount of $574,945 to construct two baseball fields at the John B. Parks Regional Park, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures e� .,/ Edward Matthews, Parb, , Recreatio Facilities Directa2/4/2014 Heather Young, Asst. County Attorney 2 6 2014 Faye W. Outlaw, County Administrator 2/7/2014 updated: 2/5/2014 10:44 AM by Desiree Cimino A Page 2 Packet Pg. 165 7.J.4.a BOARD OF COUNTY COMMISSIONERS 7C�60 %N Y F L 0 1t 1 D A TABULATION SHEET — BID #14-011 PURCHASING DEPARTMENT LAWNWOOD BASEBALL FIELDS EXPANSION PROJECT OPENED: JANUARY 29, 2014 AT 3:30 PM Four (4) submittals were received for subject proposal: ALTERNATE 1 ALTERNATE BASE BID (Fenrinnl ki-PHinn in lieu of sndl TAN CONSTRUCTION SERVICES, INC. West Palm Beach ,FL $ 574,945.00 + $224,000.00 - $16,500.00 Fax: 561-721-6443 SUMMIT CONSTRUCTION Vero Beach, FL $ 713,125.00 + $120,600.00 - $26,000.00 Fax: 772-794-2097 COLLAGE DESIGN & CONSTRUCTION GROUP $ 757,630.00 + $123,195.00 - $10,000.00 Lake Mary, FL Fax: 407-829-2258 PAUL JACQUIN & SONS, INC. Ft. Pierce, FL $ 768.900.00 + $227,000.00 - $15,000.00 Fax: 772-466-2806 Number of companies notified*: 647 Number of bid documents distributed*: 64 Number of bids received: 4 *per demandstar.com Packet Pg. 166 ITEM NO. (ID # 1902) COUNTY �. F L Q R I D A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Laurie Waldie, Utility Director SUBMITTED BY: Utilities DATE: 02/18/2014 *CONSENT AGENDA\UTILITIES SUBJECT: Award Bid No. 14-010 Re -use Treatment Addition to the North County Wastewater Treatment Facility BACKGROUND: On January 22, 2014, submittals to Bid No. 14-010 Re -use Treatment Additions to the North County Wastewater Treatment Facility were opened. Five proposals were received; 473 companies were notified and 50 bid documents were distributed. Bid No. 14-010 included Local Preference Ordinance 09-005 and the Apprenticeship Requirement Program. The criteria for the Apprenticeship Program are the project must be a construction project valued over $300,000.00 and fully County funded. The County identifies all trades for which there are apprenticeship programs registered with St. Lucie County. The bidder must attempt to meet 20% apprenticeship participation for each trade identified in the project. If apprentices are not available for the trades identified for the project then the bidders are not required to meet the apprenticeship requirement. The purpose of the bid is to modify the existing Holiday Pines Wastewater Treatment Facility equipment that will result in an operational reuse or reclaimed water system that is required by the Florida Department of Environmental Protection (FDEP). Per the FDEP permit requirement, this project must be started by April 5, 2014. The budget for this project is $620,000.00. Summit Construction of Vero Beach submitted the lowest bid in the amount of $609,800.00 and has met the apprenticeship requirement to utilize 20% apprentices for the two trades identified for this project. PREVIOUS ACTION: 12/17/2013 - Board rejected Bid No. 13-071 and advised to re -bid project. FINANCIAL IMPACT: Sufficient funds are appropriated and available in the Utility Capital Facilities Funds, 479-3600-563000- 163600 RECOMMENDATION: Packet Pg. 167 Board approval to award Bid No. 14-010 to the lowest bidder, Summit Construction of Vero Beach, in the amount of $609,800.00 and authorization for the Chair to sign the documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures r1- 0. a -11 111 1 &1 1 L rie Waldie, Utility Director 5/ 4 Heather Young, Asst. County Attorney 2 6 2014 Faye-W. outlaw, County Administrator 2/7/2014 Updated: 2/5/2014 2:53 PM by Leslie Smith Page 2 Packet Pg. 168 7.Q.a {7 Zz W aF. Wa a. a z VN w =Z a. OQ Z❑ W J = O 0 � ro z 0 H J ❑ V Q LaL W w OC N ~a w Z(1) OW (j Z LL o N ON Q 00 mL) IL 0 C] t- 0 N N N Q Z W Z w a O �11 E a 'm E Q m 0 Cl0 (A 0oo 0 0 � 0 0 0 0 t- to (] C) (D C ) Q M C Q Ln cc WC> h 000 W 0) 669 � 6q m LL E u� a d m z IX OJ LL J -} �tJL W � U LL LlLu V LL Og U °p -'o as E was p� zv 0 IDV> 0� f �Co �C]I� aoCe) z� Zy OJ �o N C� 4jM w >(o U Co CAW Lo Wes' ti z�w 0 Co 0OD �� z�n o� Ff ��It ~ N_u� Co p� V �N UvCn z¢c- w ¢15•= ~ ti Lij �z o o1 C!z Zr-Un O� °W� =� m OO QO (t3 warn ON .�. U)NLL 0 MLL �CoLL 1 CVLLL LLrli 0 0 6 z m 3 a N Co CA � 1 ,4 Lo _13 0 0)=.°E .a O v a L 0a V O O O m M.0 w =3=(D ZZZ C. Packet Pg. 169 ITEM NO. ORD-2014-8 COUNTY �. F L Q R I D A - AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney DATE: 02/18/2014 *PUBLIC HEARINGS SUBJECT: Ordinance 2014-8 - Amending Article IV Chapter 1-6 of the Code of Ordinance of St. Lucie County, Florida Entitled "Merchandising of Tobacco Products" to Include E-Cigarettes BACKGROUND: On June 19, 2001, the Board adopted Ordinance No. 01-009 establishing regulations for merchandising of tobacco products located in St. Lucie County. New, unregulated high-tech smoking devices, commonly referred to as electronic cigarettes or e-cigarettes have recently become more available to consumers. Amending the ordinance would prevent the placement of e-cigarettes in a display unit unless in a restricted area and prevent the sale of electronic cigarettes to anyone under the age of eighteen (18) years old. This ordinance was drafted at the request of the Health Department and was modeled after an ordinance adopted by City of Vero Beach. PREVIOUS ACTION: Permission to Advertise was approved by the Board of County Commissioners on January 21, 2014. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed Ordinance as drafted by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 170 Coordination/Signatures A �^ Heather Young, Asst. County Attorney 4rmwjF 2/7/2014 Faye, County Administrator 2/7/2014 Updated: 2/7/2014 4:32 PM by Shane A. De Witt Page 2 Packet Pg. 171 8.A.a ORDINANCE AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 1-6 (CHILDREN) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA ENTITLED ""MERCHANDISING OF TOBACCO PRODUCTS"; AMENDING SECTION 1-6-43 (DEFINITIONS) TO INCLUDE DEFINITIONS OF ELECTRONIC CIGARETTES AND LIQUID NICOTINE; AMENDING SECTION 1-6-44 TO PREVENT THE SALE OF ELECTRONIC CIGARETTES TO ANY PERSONS UNDER EIGHTEEN (18) YEARS OLD; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the state and federal governments have been slow to respond meaningfully to the public health crisis caused by smoking, and to implement measures to curb smoking and its inherent dangerous effects on the general public's health; and WHEREAS, the dangers posed by tobacco are not limited to cigarettes, pipes or other traditional forms of smoking; and WHEREAS, new, unregulated high-tech smoking devices, commonly referred to as electronic cigarettes or e-cigarettes have recently become more available to consumers; and WHEREAS, nicotine is a known neurotoxin that is also one of the most highly addictive substances available for public consumption; and WHEREAS, the manufacturers and marketers of e-cigarettes purposefully and intentionally advertise their products as safe nicotine delivery devices and smoking cessation modalities; and WHEREAS, concurrent with this lack of suitable information e-cigarettes manufacturers offer their liquid nicotine cartridges in a variety of flavors, including cherry, chocolate, and vanilla, which flavorings the FDA and public health advocates warn are purposefully meant to appeal to and attract young people and are commonly referred to as "training wheels" for traditional cigarettes; and WHEREAS, the nicotine content provided by e-cigarettes is unknown and unspecified and presents a significant risk of rapid addiction or overdose; and 1 Underlined passages are added Packet Pg. 172 8.A.a WHEREAS, other governments and public health organizations, including the World Health Organization and the Canadian government's FDA equivalent, the Health Products and Food Branch Inspectorate, have joined the FDA in speaking out about potential dangers posed by e-cigarettes and are also calling on e-cigarette manufacturers to discontinue their safety claims until these products have been independently tested; and WHEREAS, every year tobacco products siphon off more than $268 billion in directly related healthcare and lost worker productivity costs and lead to the deaths of almost one-half million Americans and the County Commission is supportive of tobacco cessation programs and modalities that have proven efficacy and utilize safe FDA -approved products; and WHEREAS, protecting the citizens of St. Lucie County against an untested nicotine product like e-cigarettes and liquid nicotine represents sound public health and fiscal policy; and WHEREAS, a ban on the sale of e-cigarettes and liquid nicotine and like products in St. Lucie County to persons under the age of 18 and a prohibition on self-service merchandising in the retail sale of e-cigarettes, liquid nicotine, and like products in order to minimize their physical accessibility to minors serves an important public interest in furtherance of the health, safety, and general welfare of the citizens of St. Lucie County, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDING ARTICLE IV (MERCHANDISING OF TOBACCO PRODUCTS) OF THE CODE OF ORDINANCES AND COMPLIED LAWS OF ST. LUCIE COUNTY Chapter 1-6 (Children), Article IV (Merchandising of Tobacco Products), of the St. Lucie County Code of Ordinances and Compiled Laws is hereby created to read as follows: CHAPTER 1-6 CHILDREN ARTICLE IV: MERCHANDISING OF TOBACCO PRODUCTS Section 1-6-41 Short Title. From and after the effective date hereof, this article shall be known as the "St. Lucie County Merchandising of Tobacco Products Ordinance". 2 Underlined passages are added Packet Pg. 173 8.A.a Section 1-6-42 Intent. This Article is intended to prevent the sale and delivery of tobacco products and electronic cigarettes and liquid nicotine to persons under the age of 18 by regulating the commercial marketing and placement of such products but shall not be interpreted or construed to prohibit the sale or delivery of tobacco products which are otherwise lawful or regulated pursuant to Chapter 569, Florida Statutes. Section 1-6-43 Definitions. Electronic Cigarette and E-Cigarette mean any electronic device composed of a mouthpiece, heating element, battery, and electronic circuits that provides, or is manufactured or intended to provide, a vapor of liquid nicotine and/or other substances mixed with propylene glycol and/or other substances delivered or deliverable to the user that he or she can inhale in simulation of smoking. This term shall include every version and type of such devices whether they are manufactured or marketed as e-cigarettes, e-cigars, e-pipes, or under any other product name or description. Liquid Nicotine means any liquid product composed either in whole or in part of pure nicotine and propylene glycol and/or other substance and manufactured for use with e-cigarettes. Vendor means any individual, sole proprietorship, joint venture, corporation, partnership, cooperative association, or other legal entity licensed as a dealer in tobacco products pursuant to Chapter 569, Florida Statutes, and any employee or agent of said dealer. Tobacco Products means loose tobacco leaves and products made from tobacco leaves, in whole or in part, which can be used for smoking, sniffing or chewing, including but not limited to cigarettes, cigars, pipe tobacco, snuff or smokeless tobacco and chewing tobacco. Tobacco products also include cigarette wrappers. Specialty Tobacco Stores means an establishment primarily in the business of selling cigars and pipe tobacco. Open Display Unit means a case, rack, shelf, counter, table, desk, kiosk, booth, stand, or other surface, which allows direct public access to the product placed therein. Restricted Access Area means an area reasonably physically confined with access designated by the vendor as limited to the vendor. 3 Underlined passages are added Packet Pg. 174 8.A.a Section 1-6-44 Placement of Tobacco Products in Display Unit and Sale of E-Cigarette. A. No vendor shall place tobacco products, e-cigarettes or liquid nicotine in an open display unit unless unit is located in a restricted access area. B. No person, business, retailer, or other establishment shall sell, permit to be sold, or offer for sale to any person under eighteen (18) years of age any e- cigarette or liquid nicotine within the County. A violator of this section includes the person who sells, permits to be sold, or offers for sale any such products to a person under eighteen (18) years of age as well as his or her employer and any person who controls the person who sells, permits to be sold, or offers for sale any such products to a person under eighteen (18) years of age. Section 1-6-45 Exceptions. The provision of this Ordinance shall not apply to the following: (1) An establishment that prohibits persons under 18 years of age on the premises. (2) Specialty tobacco stores Section 1-6-46 Enforcement. The provisions of this Ordinance shall be enforced by any procedure permitted by Chapter 162, Florida Statutes, or other applicable Florida Law. Section 1-6-47 Territory Embraced. The provisions of this Ordinance shall apply only to the unincorporated area of the County. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 4 Underlined passages are added Packet Pg. 175 8.A.a PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall be effective within 60 days from being filed with the Office of Secretary of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Frannie Hutchinson XXX Vice Chair Paula Lewis XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Kim Johnson XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section", ixarticle", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this day of , 2014. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: 5 Underlined passages are added County Attorney Packet Pg. 176 ITEM NO. (ID # 1892) COUNTY �. F L Q R I D A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Faye W. Outlaw, County Administrator SUBMITTED BY: Administration DATE: 02/18/2014 *REGULAR AGENDA SUBJECT: Planning & Zoning Commission - At -Large Member Vacancy BACKGROUND: There is currently one vacancy on the Planning & Zoning Commission/Local Planning Agency. Mr. Daniel Regis vacated his appointed seat on January 30, 2014. PREVIOUS ACTION: FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board vote and appoint one at -large member from the attached applications submitted to fill the one Planning & Zoning Commission at -large vacancy. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 Vice -Chair SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures r Danie 5. Mcintyre, C my torney 2/12/2014 gobbentkofsky, Depu4Co-6ntyl mini trato, 2/ 2/2014 Packet Pg. 177 9.A.aRECEIVED St. Lucie County Board of County Commissioners NOV 2 1 2013 CG ADMINISTRATION Application for Serving on County Boards and Committees Thank you for applying for a position on one of St, Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be County resident. z_ Must not be related to a County Commissioner or County employee involved with the committee of interest or the supporting department. 3. Must not be employed by the same business entity as a County Commissioner or other committee members. 4. Must not serve on more than two County advisory committees. Note: Some committees have additional requirements, please inquire when submitting this application. In addition, service on quasi-judicial boards may require financial disclosure. Please complete the following information: 1. Name: /?r i�rfG 2. Name Phone: Cell Phone: -5(1 Z1V / Work Phone: Email: 4�c—A ,--/c ,/,, 3. Home Address: SX ! &kZ , a 4. Current Employer/Occupation; 229 S. Business address: 6. Brief summary of education & work experience: (Please attach resume' if available) 7. Do you currently serve on any city or County committee(s)? If so, please list; 8. tither current volunteer activities: 9. Why do you wish to serve on the committee(s) indicated? /22he_e ( 11 au/ I Packet Pg. 178 9.A.a 10. Except for noncriminial traffic infractions, have you ever been convicted of, or pied guilty or "no contest" to, a crime, whether or not adjudication was withheld? WYeKJENDW Are you currently charged with a crime, other than noncriminal traffic infractions? ® Yes "l N Adjudication withheld or prosecution deferred? fhYe jN If yes to any of above, please provide the following information: OFFENSE DATE PLACE (CITY, STATE) SENTENCE AND/OR FINE A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. Under penalty of perjury, I declare that I have read the foregoing and the facts as I have stated are true. Signaturwl�-- Date t d/ Please identify the corn tee/board of your choice: 17 Affordable dousing Advisory Committee Airport Master plan Technical Advisory Committee 17 Board of Adjustments (quasi-judicial) 0 Central Florida Foreign Trade Zone, Inc. 0 Citizen's Budget Committee ® Code Enforcement Beard (quasi-judicial) Community Development Block Grant ® Comprehensive Economic Development Strategy 13 Contractors Certification Board 0 Early Learning Coalition SLC 13 Emergency Medical Services Advisory Council 13 Harbor Advisory Committee ci Historical Commission 0 Housing Finance Authority 17 Investment Committee 0 Land Acquisition & Selection Committee © Library Advisory Board 0V/ Planning & Zoning Commission (quasi-judicial) 13 Public Safety Coordinating Council © Parks & Recreation Advisory Board 8 Sustainability Advisory Committee 13 Tourist Development Council 0 Treasure Coast Education & Research Development Authority 13 Treasure Coast Health Council, Inc. 17 Value Adjustment Board (quasi-judicial) APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to:` St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2 f 31. Entail: Stiadlem@Stlucieco.org Staff Use: Received Commission District U) c 0 .Q >Z Q N 06 a c a� E t a Packet Pg. 179 9.A.a St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be County resident. 2. Must not be related to a County Commissioner or County employee involved with the committee of interest or the supporting department. 3. Must not be employed by the same business entity as a County Commissioner or other committee members. 4. Must not serve on more than two County advisory committees. Note: Some committees have additional requirements; please inquire when submitting this application. in addition, service on quasi-judicial boards may require financial disclosure. Please complete the following information: Work Phone: ") 3. Home Address: 4. Current Employer/Occupation: 5. Business address: 60'\O� LAq 6. Brief summary of education & wo R5. IRL.,Q 1nif35 fN rk experience: (Please attach resume' if available) �_-. r. - i- -! -- 0 -- 2i 7. Do you currently serve on any city or County committee(s)? if so, please list: S. Other current volunteer activities: 9. Why do you wish to serve. on the committee(s) indicated? V/ tc; 1 it MUMMI, 1996 a Packet Pg. 180 9.A.a 10. Except for noncriminial traffic infractions, have you ever been convicted of, or pled guilty or "no contest" to, a crime, whether or not adjudication was withheld? 17 Yes M No Are you currently charged with a crime, other than Uo naltraffic infractions? 0 Yes � No Adjudication withheld or prosecution deferred? 0 Yes If yes to any of above, please provide the following information: OFFENSE DATE PLACE (CITY, STATE) SENTENCE AND/OR FINE A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. Under penalty of perjury, I declare that I have read the foregoing and the facts as I have stated are true. zr Signature Date—// `2 Please identify the committee/board of your choice: 0 Affordable Housing Advisory Committee 0 Airport Master Plan Technical Advisory Committee 10 Board of Adjustments (quasi-judicial) 0 Central Florida Foreign Trade Zone, Inc. 0 Citizen's Budget Committee 0 Code Enforcement Board (quasi-judicial) 0 Community Development Block Grant 0 Comprehensive Economic Development Strategy 0 Contractors Certification Board 0 Early Learning Coalition SLC Emergency Medical Services Advisory Council © Harbor Advisory Committee 0 Historical Commission 0 Housing Finance Authority 0 investment Committee 0 Land Acquisition & Selection Committee Library Advisory Board 0 Planning & Zoning Commission (quasi-judicial) 0 Public Safety Coordinating Council 0 Parks & Recreation Advisory Board 0 Sustainability Advisory Committee 0 Tourist Development Council 0 Treasure Coast Education & Research Development Authority 0 Treasure Coast Health Council, Inc. © Value Adjustment Board (quasi-judicial) APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Stiadlem@Stlucieco.org Staff Use: Received Commission District a Packet Pg. 181 08-21-'13 15:54 FROM -LOUSES TNT. REALTY 772-467-6535 T-046 P0001/0004 F 9.A.a St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1, Must be Country resident, 2. Must not be related to a County Commissioner or County employee involved with the committee of interest or the supporting department, 3. Must not be employed by the same business entity as a County Commissioner or other committee members. 4. Must not serve on more than two County advisory committees, Note: Some committees have additional requirements; please inquire when submittingthis application. In addition, service on quasi-judicial boards may require financial disclosure. Please complete the following informatioon- 1. Names) 4er �� �Ouw 70 2, Home Phone: ? 41-%4 b2re) Cell Phone: 7 , S < f 6 740 Work Phone: yQd Em il: 3. Home Address: t 4. Current Employer/occupatio �t C, 4,�ZeAlMa/t * RTEn^u$ Ale- 5, Business address: D% , T14— 19KI-W 7/ /A 6, Brief summary of education work experience: (Please atta h resume' if available) Ole/ 7. Do you currently serve on any city or County committee(s)? If so, please list: 8, Other current volunteer activit. s: �41'e V (5 C v f4 -t le od 9v vwto,) 9 Why do you wisq to serve on the ommit e s indicated? a a Q N 06 a 10. Except for noncriminial traffic infractions, have you ever been convicted of, or pled guilty or IK l Packet Pg. 182 08-21-'13 15:54 FROM-LOWES INT, REALTY 772-467-6535 T-046 P0002/0004 F- 9.A.a "no contest" to, a crime, whether or not adjudication was withheld? Dyes �No �_._� Are you currently charged with a crime, other than noncriminal traffic infractions? ❑yes G! No Adjudication withheld or prosecution deferred? ❑'des ❑% Ir yes to any or move, please provige the toliowing Intormation: A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc,, will be considered. Under penalty of perjury, I declare that I have read the foregoing and the facts as I have stated are true. Signat?et Date r 2 Pleasey*ecom4mittee/board of your choice; ❑ Affordable Housing Advisory Committee ❑ Airport Master Plan Technical Advisory Committee L� Board of Adjustments (quasi-judicial) ❑ Central Florida Foreign Trade Zone, Inc. ❑ Citizen's Budget Committee © Code Enforcement Board (quasi-judicial) Cj Community Development Block Grant ❑ Comprehensive Economic Development Strategy ❑ Contractors Certification Board ❑ Early Learning Coalition SLC ❑ Emergency Medical Services Advisory Council ❑ H arbor Advisory Com mittee ❑ Historical Commission ❑ Housing Finance Authority ❑ Investment Committee Land Acquisition & Selection Committee ❑ Library Advisory Board Planning & zoning Commission (quasi-judicial) ❑ Public Safety Coordinating Council ❑ Parks & Recreation Advisory Board ❑ Sustainability Advisory Committee ❑ Tourist Development Council ❑ Treasure coast EduCation & Research Development Authority ❑ Treasure Coast Health Council, Inc. ❑ Value Adjustment Board (quasi-judicial) 4- C- fo- r L q,,& Al'; ire& C,c-, �/ APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy 5tiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax, 772-462-2131 Email: stiadlem@Stiucieco.org Staff Use: Received Commission District Packet Pg. 183 08-21-'13 15;55 FROM-LOWES INT. REALTY 772-467-6535 T-046 P0003/0004 F.-101� 9.A.a ROBERT J. LOWE Sr. 4949 North A1A, Suite 131 Fort Pierce, Florida 34949 Office - (772)467.6500 Home - (772)466-0550 Cell - (772)559.1676 Fax - (772)467.6535 C2ILOWEG AOL.COM EXPERIENCE: 1983 to present Lowe's International Realty Plus, Inc., 2901 N. A1A, North Hutchinson Island, Florida 34949 Fort Pierce, Florida Job Title: Broker/President Licenses: Florida Broker's License - Lowe's International Realty Plus, Incorporated Florida Broker's License - Lowe Realty Corporation North Carolina. Commercial Broker's License Post Florida Mortgage Brokers License - Lowe Mortgage Corporation Past President of Southern Auctioneers of America Commercial Broker for 25 years ORGANIZATIONS: Post president of the Realtors Association of St. Lucie County Past president of the Regional MLS in Palm Beach County serving over 16,000 members Past chairman of the Florida Realtors Global Committee Past District 3 Florida Realtors vice president Past chairman of the Florida Realtors insurance committee Past secretary of the Indian River Board of Realtors Past president of the board of New horizons of the Treasure Coast, a drug, alcohol, mental health facility with over 350 employees Past board member of Safe Space of the Treasure Coast Past member of St. Lucie County Tourism Development Council Packet Pg. 184 08--21-'13 15:55 FROM-LOWES INT, REALTY 772-467-6535 T-046 P0004/0004 F- 9.A.a Past member of the St. Lucie County Historical Society Past president of six home owners associations Past board member of Savannas Hospital Past board member of District 15 ]Health and Human Services Board Appointed by Governor Jeb Bush to serve on the District 9 Managed Care Ombudsman committee for HMO claims Member of Elks BPOE 1520 for 37 years Member of American Legion Post 40 for 30 years Member of Florida Realtors Real Estate Properties Committee Current treasurer of Hibiscus Children's Center of the Treasure Coast St, Lucie County Board Member of Hibiscus Children's Center Foundation Board AWARDS: Past Realtor of the year for the Realtors Association of St. Lucie County Past Humanitarian of the year of the Realtors Association of St. Lucie County REFERENCES: Furnished upon request Packet Pg. 185 9.A.a St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be County resident. 2. Must not be related to a County Commissioner or County employee involved with the committee of interest or the supporting department. 3. Must not be employed by the same business entity as a County Commissioner or other committee members. 4. Must not serve on more than two County advisory committees. Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on quasi-judicial boards may require financial disclosure. Please complete the following information: 1. Name: Alex Qge 2, Home Phone: 772-873-0147 Cell Phone: 917-603-8047 Work Phone: 772-337-6720 Email: ogealex@hotmail.com 3. Home Address: 736 SW Hibiscus Street Port St. Lucie Florida 34983 4. Current Employer/Occupation: Assistant Principal 5. Business address: 1201 SE Jaguar Ln Port St. Lucie Florida 34952 6. Brief summary of education & work experience: (Please attach resume' if available) have been in the field of education for the past 16 years. I have worked in New York City prior to relocating to Port St. Lucie. I'm currently working with the Saint Lucie School District as an Assistant Principal 7. Do you currently serve on any city or County committee(s)? If so, please list: no 8. Other current volunteer activities: Member of Phi Alpha Phi Fraternity Inc. 9. Why do you wish to serve on the committee(s) indicated? I will like to make a different in the lives of the citizens of Port St, Lucie. Packet Pg. 186 �Oire 5 9.A.a 10. Except for noncriminial traffic infractions, have you ever been convicted of, or pled guilty or "no contest" to, a crime, whether or not adjudication was withheld? Ifl Yes M No Are you currently charged with a crime, other than noncriminal traffic infractions? 0 Yes 0 No Adjudication withheld or prosecution deferred? Q Yes I7 No If ves to anv of above. please provide the following information: OFFENSE DATE PLACE (CITY, STATE) SENTENCE AND/OR FINE Disturbing the peace 1996 Queens NY Paid a fine of $100 A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. Under penalty of perjury, I declar that I have read the foregoing and the facts as I have stated are true. Signature Date h�'��� 3 Please identify the committee/board of your choice: ® Affordable Housing Advisory Committee 0 Housing Finance Authority 13 Airport Master Plan Technical Advisory Committee 13 Investment Committee 13 Board of Adjustments (quasi-judicial) H Land Acquisition & Selection Committee 13 Central Florida Foreign Trade Zone, Inc. © Library Advisory Board 0 Citizen's Budget Committee Planning & Zoning Commission (quasi-judicial) 13 Code Enforcement Board (quasi-judicial) 13 Public Safety Coordinating Council 13 Community Development Block Grant [3 Parks & Recreation Advisory Board 0 Comprehensive Economic Development Strategy 0 Sustainability Advisory Committee 0 Contractors Certification Board M/ Tourist Development Council 0 Early Learning Coalition SLC © Treasure Coast Education & Research Development Authority © Emergency Medical Services Advisory Council © Treasure Coast Health Council, Inc. © Harbor Advisory Committee 10 Value Adjustment Board (quasi-judicial) © Historical Commission Staff Use: Received APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-21.31. Email: Stiadlem@Stlucieco.org Commission District rn c 0 .Q a Q N 06 d C d E a Packet Pg. 187 9.A.a St. Lucie County Board of County Commissioners Appiication for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be County resident. 2. Must not be related to a County Commissioner or County employee involved with the committee of interest or the supporting department. 3. Must not be employed by the same business entity as a County Commissioner or other committee members. 4. Must not serve on more than two County advisory committees. Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on quasi-judicial boards may require financial disclosure. Please complete the following information: 1. Name: Mir "PETE" PARUPIA 2. Home Phone: 772-595-3413 Cell Phone: 772-370-7573 Work Phone: 772-370-7573 Email: aparupia@att.net 3. Home Address: 10850 Kimberfyld Lane, Port St. Lucie, F 134986 4. Current Employer/Occupation: self (meal Estate Management) 5. Business address: 10850 Kimberfyld Lane, Port St. Lucie, FI 34986 6. Brief summary of education & work experience: (Please attach resume' if available) Please see attached, 7. Do you currently serve on any city or County committee(s)? If so, please list: No 8. Other current volunteer activities: 9. Why do you wish to serve on the committee(s) indicated? Becasue of my Educational, Business and past Volunteer Servvices reflected on my resume. I feel I ern qualified to serive on these committees. 10. Except for noncriminial traffic infractions, have you ever been convicted of, or pled guilty or U) c O R .Q a Q N 06 tL w c a� E a Packet Pg. 188 9.A.a "no contest" to, a crime, whether or not adjudication was withheld? OYes ONo Are you currently charged with a crime, other than noncriminal traffic infractions? []Yes MNo Adjudication withheld or prosecution deferred? ❑Yes dNo If yes to any of above, please provide the following information: OFFENSE 'DATE PLACE (CITY, STATE) SENTENCE AND/OR FINE A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. Under penalty of perjury, I declare that 1, have read the foregoing and the facts as i have stated are true. Signature bate ) CV Please identify the committee/board of your choice: Affordable Housing Advisory Committee ❑ Housing Finance Authority ❑ Airport Master Plan Technical Advisory Committee ❑ investment Committee ❑ Board of Adjustments (quasi-judicial) ❑ Land Acquisition & Selection Committee ❑ Central Florida Foreign Trade Zone, Inc. ❑ Library Advisory Board ❑ Citizen's Budget Committee ❑ Planning & Zoning Commission (quasi-judicial) Code Enforcement Board (quasi-judicial) ❑ Public Safety Coordinating Council ❑ Community Development Block Grant ❑ Parks & Recreation Advisory Board ❑ Comprehensive Economic Development Strategy ❑ Sustalnability Advisory Committee ❑ Contractors Certification Board ❑ Tourist Development Council ❑ Early Learning Coalition SLC ❑ Treasure Coast Education& Research nevetopmentAuthority Emergency [Medical services Advisory Council ❑ Treasure Coast Health Council, Inc. ❑ Harbor Advisory Committee I] Value Adjustment Board (quasi-judicial) ❑ Historical Commission Staff Use: Received APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St: Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Stiadlem@Stlucleco.org Commission District rn c 0 .Q a Q N 06 a w c a� E t R a Packet Pg. 189 9.A.a RESUME ARIF "PETE" PARUPIA PORT ST. LUCIE, FL 34986 772-370-7573 FAX 772-672-4067 Email: mrsincerelyme094[@gmail.com I am a Certified Florida Supreme Court Appointed Civil Mediator and working toward getting my Circuit Court appointment, Also, I manage several Commercial, Retails, Warehouses and residential Rentals, Leasing and managing all of the above properties including the accounting functions. Co- Owner and Vice President of full service Title Insurance Company. I am a Licensed Title Insurer with the state of Florida, Oversee operations, marketing and Realtors, Builders, Investors and consumers for their title Insurance needs. �; ; N �..1-� — �f.��if.a I ' .a�,d �. k e .'tip' "_. ''' -} Employed as a Director of Business Development, I was responsible for locating and opening new operations, recruiting, interviewing and hiring of new employees to staff these offices'and marketing and sales. Fy (3 I ,_'t}i.S >- r.; c �•17 ' r I was President and manager of ST. Lucie County Operations. Managed all county offices, responsible for Management of day to day operations, Reported directly to Regional Manager. Subsidiary of First American title company that showed consistent profitability when the economy was not good. Supervised a staff of 32 employees between 3 offices. Extensive Knowledge of all phases of the title Industry, including closing, title search and examination, marketing and sales and RESPA Regulations, Packet Pg. 190 9.A.a LAWYERS TITLE INSURANCE (1973 " 00) - ,,. a.f �'.3: -- 14�..`.,`���F: fix �:•�•13: r`'. �', Ai' Have bought, Sold and developed Real Estate since 1973. Owner of Double A Homes, LLC primarily building spec homes and managing rentals. Owner of several other partnerships prima rily.related to real estate construction and other residential and commercial related work. Associate in Science Degree in Business Management (A.A) Paralegal Courses Associate in Arts Degree in Marketing. (A.5) Completion of GRI 1 AND GRI @2 Courses from the Real Estate Institute Taken Classes from Florida Atlantic -University in financing Real Estate Broker Real Estate Instructor Past Teaching Real Estate educational classes at the St. Lucie County Board of Realtor: Mortgage Broker Title Insurance Operating License. Florida Supreme Court Appointed Civil Mediator. Notary Public. -i �Y_;f-• a~. 7°!r.1 li{i��+ �:?. :E ;�'�t°,%..? b'. .�) �I: i�.-:. .. '�.�`d�S tf :,a !.� t,. Appointed Florida Supreme Court Civil Mediator. Past Member of Education Committee for the Board of Realtors Past Member of Chamber of Commerce Port ST. Lucie Police Department Volunteer Past Co Owner of Coastal Floors Past Co Owner of Home Improvement Company Past Vice --President of Kiwahis Club Past Member of City of Port ST. Lucie Code Enforcement Board (5/12/99-8/11/05) Past Member of the Advisory Board of First National Bank of Treasure Coast Past Member of the Advisory Board of Fidelity Nation Bank n/k/a National City Bank a Packet Pg. 191 9.A.a Served on many other committees in the Community. Robert Minsky, Past Mayer, City of Port ST. Lucie Michael Brown, Sr., Past CEO Harbor Bank Michael Brown, Jr. Executive Vice President of Harbor Bank J.Hall Roberts President and owner, Harbor Realty, Executive Vice President of Harbor Federal and Current President of First Bank & Trust-Indiantown. Christopher Fogal, CPA- Fogal & Associates. Dr. Syed Shafeeq ur Rhaman. MD Dr. Humyan Shereef, MD Past Sheriff Bobby Knowles Honorable Judge Ben L. Bryan, St. Lucie County Bill Casey, Executive Vice President of Oculina Bank Jim Child, Accountant in FT. Pierce. Past Governor Jeb Bush Honorable Judge and Attorney Cynthia Angelos. Captain Scott Bartel, City of Port ST. Lucie Police Department. Linda Bart, Past Vice President of Riverside Bank and City Counsel Woman, City of Port ST. Lucie. Attorney William E. Raikes, FT. Pierce, FL... Florida Senator and Current St. Lucie County Property Appraiser and past State Representative and State Senator Ken Pruitt and now St. Lucie County Property appraiser. Additional references will be provided upon request. MY FUTHER PLAN IS TO COMPLETE CIRCUIT MEDIATOR COURE AND GO TO LAW SCHOOL. 0 .Q a N 06 a w c E a Packet Pg. 192