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Agenda Packet 10-03-00
'-øf ...., OCTOBER 3,2000 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: 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 ITEMS- 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 are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard 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 ready 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 allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays 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 necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ ....., www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 BOARD OF COUNTY COMMI5SIONERS AGENDA October 3, 2000 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUIES Approve the minutes of the meeting held September 26, 2000. f+pproJd 2. PROCLAMATION/PRESENTATION Resolution No. 00-215 - Proclaiming the month of October, 2000 aj? "Domestic Violence Awareness Month" in St. Lucie County, Florida. ApproVf.a 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA C;JA ,G-/v PuU --7 f\1)p(6{-ed PUBLIC HEARINGS PUBLIC WORKS SA. Resolution No. 00-195 / South 26th Street MSBU - Consider staff recommendation to adopt the resolution stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the South 26" Street MSBU. Awro~ If~o (prùhn A-b9-n f) NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarâ at these meetings will need a record of the proceedmgs and for such purpose may neeâ to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior fo the meeting. ~ ...., REGULAR AGENDA OCTOBER 3,2000 PAGE TWO 6. COUNTY ATTORNEY A. Option Agreement/ North Fork of the St. Lucie River Addition - Consider staff recommendation to approve the Option Agreement for the Neuburger Parcel, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. Frp pro J'ed ~'--- 0 [1Ofu-Nf1 !1bsel'\r) B. Purchase Additional Property for Heathcote Botanical Gardens - Consider staff recommendation to approve the First Amendment to the June 27, 2000 Interlocal Agreement and authorize the Chairman to sign the First Amendment, and approve the Purchase and Sale Agreement with McBee, Inc. subject to: (a) the City of Fort Pierce approving the First Amendment to the June 27, 2000 Interlocal Agreement and (b) changing the closing date from September 29, 2000 to October 29, 2000. ftpp(òV',td J-¡ ~ 0 ( 6r uh () Åh<]'f)t) pc\Jðh~n~ ~ ~~ ~r Camp pltuv LUll! b¿ó~ ~ ~rJ-- ð-YLIO!¡O", '-' ...." CONSENT AGENDA October 3. 2000 1. WARRANTS LIST Approve warrants list No. 53 2. COUNTY ATTORNEY A. Environmental Learning Center - Consider staff recommendation to approve the Interlocal Agreement between St. Lucie County and the School Board of St. Lucie County. B. South County Regional Stadium - Consider staff recommendation to approve the Amended and Restated Interlocal Agreement between St. Lucie County and the School Board of St. Lucie County, and authorize the Chairman to sign the agreement. C. Hidden River Estates - Consider staff recommendation to approve the Contract for Sale and Purchase with Naomi S. Bender, Edward S. Bender and June R. Spencer in the amount of $8,100 plus closing costs, authorize the Chairman to execute the contract and direct staff to proceed with closing and record the documents in the Public Records of St. Lucie County~ 3. LEISURE SERVICES \ì ~ G \'J\xD . 'Q.~\O ~~ Pop Warner Football League Field Storage Building - Consider staff recommendation to approve the use of an additional $12,000 out of Park A (Fort Pierce) Impact Fees to complete construction of a storage building at the Pop Warner Football League field. B. Savannas Recreation Area - Consider staff recommendation to grant permission to apply for a FRDAP grant for renovations and improvements at the Savannas Recreation Area. 4. PUBLIC SAFETY Emergency Management Preparedness, and Assistance Competitive Grant Program (EMP A) _ Consider staff recommendation to grant permission to apply for the EMP A Grant Program to fund eight (8) projects, and have the application delivered prior to December 18, 2000. 5. DMSION OF FORESTRY Annual Report - The Board is asked to accept the Annual Fire Control Report from the State Division of Forestry. ð :~~~ :::: Chapel at Rock Road Jail - Consider staff recommendation to \\ G. approve the use of $1,082 from the General Fund Contingency to pay the CQ ~ construction permit fee for the Chapel at the Rock Road Jail. Q~~~ ,-,. ......., CONSENT AGENDA OCTOBER 3,2000 PAGE TWO 7. COMMUNITY DEVELOPMENT Minor Subdivision Plat - Consider staff recommendation to approve the minor plat for the subdivision to be known as The Packers of Indian River Plat One, and authorize staff to proceed with its final processing. '-" "'-' :.. OCTOBER 3, 2000 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: 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 ITEMS- 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 are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard 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 ready 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 allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays 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 necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. - '-' - '-" John D. Bruhn Doug coward Pau\a A. Lewis Frannie 1:\utchinson C\iff Barnes District 1 District 1- District 3 District 4 District 5 v ßOÀRD Of COU~1'( COMM\SS\O~E.RS www .stlucieco.gov ~ october 3, 2000 7:00 p.M. lNVOCA TION PLEDGE OF AlLEGIANCE 1. MlNUJJ.2 APprove the minutes of the meeting held september 26, 2000. o \Y '7~ ,\I G . ~ t 2. £jtoclAMi'>TION/PRESENIA TIŒ:! Resolution No. 00-215 _ proclaiming the month of october, 2000 as "DomestiC Violence Awareness Month" in St. Lucie County, florida. 3. QÞNERA1 pUBLIC COMMENT 4. ~ONSENT AGENDA _ A WBLIC HEAßING2 £.-UBLIC WORKS 5A. Resolution No. 00-195/ South 26" Street MSBU - consider staff recommend' to adopt the resolution stating the county's intent to use the uniforIU met' collecting non-ad valorem special assessments which may be levied by th 26th Street MSBU. - - NOTICE' All proce.din.' before tbi, Bo.rd .re .,,,tronlc.ny record.d. Any p. .ction tok.o by tbe Bo.r. .t these ....ting, winn.ed · record olthe proc..d'o, to .n,ure th.t . verb.ti.. record oftbe proc..dings is ...d.. Upon {b' requ.' individu.1s testifying during. h..Tlng wm b' ,woTD In. Any p.rty to th. opportunity to cross-ex...ln. .ny indiv,du" testifying during · h.' ring upon ie4· requlrtng ...o....od.tion to a".nd this ...otin. should coatact the SL LUcl' Co. Manager at (561) 462-1777 OT TDD (561) 462-1428 at I.ast forty-.ight(48) hOurs prior. ~ '-' REGULAR AGENDA OCTOBER 3,2000 PAGE TWO 6. COUNTY ATTORNEY A. Option Agreement/ North Fork of the St. Lucie River Addition - Consider staff recommendation to approve the Option Agreement for the Neuburger Parcel, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. B. Purchase Additional Property for Heathcote Botanical Gardens - Consider staff recommendation to approve the First Amendment to the June 27, 2000 Interlocal Agreement and authorize the Chairman to sign the First Amendment, and approve the Purchase and Sale Agreement with McBee, Inc. subject to: (a) the City of Fort Pierce approving the First Amendment to the June 27, 2000 Interlocal Agreement and (b) changing the closing date from September 29,2000 to October 29,2000. '-' "wi CONSENT AGENDA October 3. 2000 1. W~TS LIST Approve warrants list No. 53 2. COUNTY ATTORNEY A. Environmental Learning Center - Consider staff recommendation to approve the Interlocal Agreement between St. Lucie County and the School Board of St. Lucie County. B. South County Regional Stadium - Consider staff recommendation to approve the Amended and Restated Interlocal Agreement between St. Lucie County and the School Board of St. Lucie County, and authorize the Chairman to sign the agreement. C. Hidden River Estates - Consider staff recommendation to approve the Contract for Sale and Purchase with Naomi S. Bender, Edward S. Bender and June R. Spencer in the amount of $8,100 plus closing costs, authorize the Chairman to execute the contract and direct staff to proceed with closing and record the documents in the Public Records of St. Lucie County~ ~3' ~S~o:R;~::r Football League Field Storage Building - Consider staff . \~ recommendation to approve the use of an additional $12,000 out of Park A (Fort Pierce) Impact Fees to complete construction of a storage building at the Pop Warner Football League field. B. Savannas Recreation Area - Consider staff recommendation to grant permission to apply for a FRDAP grant for renovations and improvements at the Savannas Recreation Area. 4. PUBLIC SAFETY Emergency Management Preparedness, and Assistance Competitive Grant Program (EMP A) _ Consider staff recommendation to grant permission to apply for the EMP A Grant Program to fund eight (8) projects, and have the application delivered prior to December 18, 2000. 5. DMSION OF FORESTRY Annual Report - The Board is asked to accept the Annual Fire Control Report from the State Division of Forestry. ~6. ~ PUBLIC WORKS Permit Fee for Chapel at Rock Road Jail - Consider staff recommendation to approve the use of $1,082 from the General Fund Contingency to pay the construction permit fee for the Chapel at the Rock Road Jail. ~ "-"" CONSENT AGENDA OCTOBER 3,2000 PAGE TWO 7. COMMUNITY DEVELOPMENT Minor Subdivision Plat - Consider staff recommendation to approve the minor plat for the subdivision to be known as The Packers of Indian River Plat One, and authorize staff to proceed with its final processing. " . " I . '-' ......, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 26, 2000 Tape: 1 Convened: 9:00 a.m. Adjourned: 1 0:05 a.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Cliff Barnes, Paula A. Lewis, Doug Coward Others Present: Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuck, Community Development Director, Ray Wazny, Public Works Director, Bill Blazak, Utilities Director, Jim David, Mosquito Control Director, Pete Keogh, Interim Leisure Services Director, Jack Southard, Public Safety Director; Susan Kilmer, Library Manager, David Kelly, Planning Manager, Charlie Bicht, Purchasing Manager, Marie Gouin, Interim Management and Budget Manager, Gayla Barwick, Tourism Manager, Leo Cordeiro, Solid Waste Manager, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-0021) It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of the meeting held September 19, 2000; and, upon roll call, motion carried unanimously. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the minutes of the Tentative Budget Public Hearing held on September 7,2000; and, upon roll call, motion carried unanimously. It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the Final Budget Public Hearing held on September 14, 2000; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATION(1-053) A. Resolution No. 00-191- Proclaiming the week of October 1, 2000 through October 7, .2000 as "Mental Illness Awareness Week" in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 00-191; and, upon roll call, motion carried unanimously. Ms. Joan Walker accepted the proclamation. B. Martin County Resolution No. 00-6.12 and Mission Statement- Creating the County Coalition for Responsible Management of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries. Com. Coward advised the Board that at the Treasure Coast Regional Planning Council's meeting, Palm Beach County had a strong desire to be a part of this. There were some comments made by a Martin County Commissioner where he/she basically was hoping there would be one -1- '-' "-" representative from St. Lucie County, and felt that we would not be able to follow this issue closely enough with different Commissioners in attendance. Com. Coward asked for feed back from the Board members and if they agreed with those comments and if they felt they should designate one Commissioner or if it is working fine they way they presently have it scheduled rotating Commissioners which would then involve all Board members. Com. Barnes stated he felt things were moving fairly smoothly although he had only attended. one meeting. He is not sure which would be more effective. Com. Lewis stated she felt that is was possible that the other County Commissioner was not aware of the fact that this Commission shares their information with one another. Com. Coward asked for input regarding Palm Beach County wanting to be a part of the Coalition. His feelings were, that they absolutely should and stated his reasons for his feelings and he hopes everyone will be supportive of their participation. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 00-6.12; and, upon roll call, motion carried unanimously. 3. GENERAL PUBLIC COMMENTS (1-1055) Ms. Marti Reno Curtis, rèpresenting the League of Women Voters, addressed the Board regarding the Comprehensive Plan. Ms. Curtis requested the Comp Plan be finalized and approved before the November 7,2000 election. Ms. Betty Lou Wells and Ms. T.A. Winer, members of the study group urged the Board to wrap up any needed corrections on the Comp Plan and concurred with Ms. Curtis on the timing of the approval of the Plan. The Planning Manager stated they have time physically to get the work and the advertising done and have it presented to the Board the week before the election, however, it would short circuit and leave out public input. Someone may show up with last minute input and he would hate to put together a plan at this late date which just would leave out the last public input. Com. Coward stated he shared the sentiments of those who wish to finalize this program and it is not the election he is concerned with, it is that this has been worked on for 2 + years and it's time to finalize it. There are other issues the Community Development Department needs to concentrate on. He asked the Board to set a deadline. Com. Barnes suggested doing one public hearing to see if we could get through it and ifnot, then another can be scheduled. The Community Development Director advised the Board that in looking at the time line and in .w giving herself and the Planning Manager time to wrap everything up, she would like to give the public at large a final last view at the entire document to make sure they have not missed anything and in giving the time needed for advertising, they have come up with the date of November 8th as a feasible date for the public hearing and this could be the transmittal as well as the final hearing. It could also be continued on the following date or the following Tuesday if need be. Com. Hutchinson stated she concurred with the comments being made, however, in the last two years she has also seen public input and comments given at the very end and she would not take that opportunity away from the public. She also would like to have the time to review the final documents corrections so that when it is submitted to the State, it is correct and does not have to be sent back. -2- '-' '-" It was the consensus of the Board to schedule the Comp Plan public hearing for November 8th at 5:00 p.m. or as soon thereafter as possible and also leave the following day November 9th open should the public hearing need to be continued, with the agendad Board meeting to commence at 7:00 p.m. as normally scheduled on November 8th, 2000. 4. CONSENT AGENDA (1-1200) 1. WARRANT LIST The Board approved Warrant List No. 52 2. LEISURE SERVICES A. Sole Source Providers- The Board approved Callaway Golf Clubs/Accessories, Taylor- Made Golf Clubs/Accessories, Titlelist Golf Division and Spalding Worldwide Sports as a sole source provider for their respective brand of merchandise and approved a purchasing level of not more than $25,000 for each declared sole source provider for October 1, 2000 through September 30,2001. B. Resolution No. 00-203- The Board approved the resolution establishing a rates and fee schedule for fiscal year 2000-2001 for the St. Lucie County Fairwinds Golf Course. '. C. Dollman FRDAP Grant Extension- The Board approved the extension and authorized the Chairman to sign the extension. D. South County Regional Stadium- The Board approved the request to piggyback off the School District of Osceola County's contract for the purchase of the multi-use transportable bleachers using Century Industries as the manufacturer. 3. MANAGEMENT/BUDGET Budget Resolution No. 00-208- The Board approved the budget resolution acknowledging FEMA!FDCA reimbursements for small projects included in the disaster relief claim related to the Hurricane Floyd damage. 4. COUNTY ATTORNEY A. Contract Amendment- The Board approved the First Amendment to the February 1, 1999 Agreement with Manpower Staffing Services, Inc., and authorized the Chairman to sign the amendment. B. Permission to Advertise/Notice ofIntent to Abandon- The Board approved granting permission to advertise the Notice ofIntent to Abandon a portion of the right of way of St. James Drive along the frontage of Faith Tabernacle and authorized the Chairman to execute the Abandonment Petition and proceed with the Abandonment Petition. C. Resolution No. 00-214-/Quit Claim Deed- The Board approved accepting the Quit Claim Deed from the North St. Lucie River Water Control District, authorized the Chairman to execute the resolution and instruct staff to record Resolution No. 00-214 and the Quit Claim Deed in the Public Records of St. Lucie County, Florida. -3- ~ ."", 5. MOSQUITO CONTROL Queens Island Acquisition/Phase II- The Board approved the Agreement for Sale for Kingsgate Properties, Inc., a Florida Corporation, Tract No. 100-019 in Phase II, and commit County Environmentally Sensitive Land Funds estimated at $22,004 (+-) in land costs, as well as the County percentage share of the pre-acquisition costs, as set forth in the Acquisition Ownership Agreement. 6. PUBLIC WORKS A. Lennard Road Phase II/Work Authorization No. 8,9,and 10- The Board approved the work authorizations to the agreement for Engineering Services with Culpepper & Terpening Inc., for Final Engineering Design Services including Environmental Permitting, in the amount of $294,870 subject to availability of funds from the MSBU Line of Credit and authorized the Chairman to execute the work authorizations. , B. Lennard Road Phase II/Work Authorization No. 11- The Board approved the work authorization to the agreement for Engineering Services with Culpepper & Terpening Inc., for Surveying services and authorized staff to commence land acquisition proceedings within the MSBU for the ultimate segment of the roadway as set forth in the budget in the amount of$175,680. C. Final Plat Approval/Riverpointe at the Sands- The Board approved the final plat for the subdivision to be known as Riverpointe at the Sands, Phase I, and authorized staff to proceed with its final processing. 7. COMMUNITY DEVELOP:MENT A. Coastal Management Program- The Board approved authorizing the County Administrator to sign two grant applications and authorized submission of the applications to the Department of Community Affairs Coastal Management Program for improvements at South Causeway Island Park and Frederick Douglas Beach Park. B. Manatee Protection Plan- The Board approved the Chairman signing the grant contract between St. Lucie County and the Florida Fish and Wildlife Conservation Commission to complete the St. Lucie County Manatee Protection Plan and authorized staff to advertise for outside c~nsultants to complete the plan. C. Contract Amendment- The Board approved the amendment to the first contract with Eller Media, Inc., to extend the term through and including March 8,2001 and to clarify the contract to reflect that the advertising project's annual expenditures will not exceed $27,000 the amount originally approved by the Board. D. Authorization for Land Purchase- The Board approved the County Attorney's office moving forward with negotiations to purchase the 12.32 acre parcel within the North Fork of the St. Lucie River CARL/SOR Project from the Atlantic Gulf Communities Corp. and seek reimbursement from the State of Florida Conservation and Recreational Lands. E. Authorization for Land Purchase- The Board approved the County Attorney's office moving forward with negotiations to purchase the 11 acre Lepore parcel within the North Fork of the St. Lucie River CARL/SOR Project and seek reimbursement from the Stat'e of Florida Conservation and Recreational Lands and the South Florida Water managment District Save Our Rivers Program. -4- '-' v 8. PUBLIC SAFETY Maintenance Agreement Renewal- The Board approved the renewal of the Dictaphone agreement from October 1, 2000 through September 30,2001 and authorized the Chairman to sign the agreement. 9. PURCHASING A. Bid Waiver- The Board approved the bid waiver and sole source declaration for the repair and parts for Caterpillar to Kelly Tractor and for Rex and Volvo to L.B. Smith. B. Bid No. 00-093- The Board approved awarding the bid to remodel the ADA bathrooms at the Lawnwood Complex to the low bidder, Chuck Enns Construction Co. Inc., in the amount of$35,950 and authorized the Chairman to sign the contract as prepared by the , County Attorney. C. RFP # 00-062/Professional Engineering Services for Coastal Engineering- The Board approved the ranked shortlist as follows: 1. Taylor Engineering, Inc. 2. Coastal Planning & Engineering, Inc. 3. Coastal Technology Corporation 4. Applied Technology and Management Inc. And granted permission to negotiate with the top two ranked firms. The contracts will be brought back to the Board for approval. REGULAR AGENDA 5. MANAGEMENT/BUDGET A. This item has been pulled. B. Resolution No. 00-210- Consider staff recommendation to adopt the resolution amending the budget to reflect the budget transfer from the General Fund Reserves through the MSBU Revolving Loan Fund and into the Raintree Forest MSBU Project Fund. It was moved by Com. Hutchinson, seconded by Com. Coward to approve Resolution No. 00- 210; and, upon roll call, motion carried unanimously. 6. UTILITIES A. Bulk Water Purchase Agreement- Consider staff recommendation to approve the agreement for bulk purchase of water for the North Hutchinson Island District with the Ft. Pierce Utility Authority consistent with the terms set forth in the agreement and authorize the Chairman to execute the agreement. The Utilities Director advised the Board that according to the City Commission, annexation was not an issue. The Board complimented stafffor ajob well done. Com. Coward suggested language be provided in the agreement regarding the annexation. -5- '-' '-" The County Attorney stated that since the city's commission signatures were on the agreement, it would not hurt to be cautious and clarify the annexation issue. The County Attorney suggested the language read: " there will not be forced annexation during the term of the agreement". The Board concurred. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the agreement as amended; and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY (1-1469) A. Interlocal Agreement- Consider staff recommendation to approve the Amended and Restated Interlocal Agreement with the School Board for the Joint Use Library at Morningside Library. It was moved by Com. Barnes, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. B. Resolution No. 00-212- Consider staff recommendation to adopt the resolution as drafted for the Westglen MSBU Financing. It was moved by Com. Hutchinson, seconded by Com. Coward, to approve Resolution No. 00- 212; and, upon roll call, motion carried unanimously. C. Resolution No. 00-213- Consider staff recommendation to adopt the resolution as drafted for the Ideal Holding Road MSBU Financing. It was moved by Com. Coward, seconded by Com. Barnes, to approve Resolution No. 00-213; and, upon roll call motion carried unanimously. 8. ADMINISTRATION (1-1594) A. Tourist Development Council- Consider staff recommendation to appoint one member to the Tourist Development Council from the list provided. The applicants were: Susan Hampsey and Rey Miranda. Upon tallying the votes, Ms. Susan Hampsey was appointed to the Tourist Development Council with 3 votes. B. . The Board members gave their Bi-weekly committee reports. ADDITIONS A-I TREE SPADE PURCHASE- The Asst. Community Development Director addressed the Board regarding the purchase of a tree spade. Staff recommended approval of the capitalized expenditure, Budget Amendment No. 00-158 which would authorize an amendment to Equipment Request No. 00-214 stating the increase of$I,250. It was moved by Com. Lewis, seconded by Com. Coward to approve staff recommendation; ànd, upon roll call, motion carried unanimously. -6- . - . .""" '-' There being no further business, to be brought before the Board, the meeting was adjourned at 10:05 a.m. Chairman Clerk of Circuit Court -7- ~ '-" AGENDA REOUEST ITEM NO. ;l DATE: October 3, 2000 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 00-215 - Proclaiming the month of October, 2000, as "DOMESTIC VIOLENCE AWARENESS MONTH" in St. Lucie County, Florida. BACKGROUND: Domestic violence is a serious crime that affects people of all races, ages, income levels and sexes. The Program Manager for Safe Space, Inc. has requested that this Board proclaim the month of October, 2000 as Domestic Violence Awareness Month. The attached Resolution No. 00-215 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 00-215 as drafted. [X] APPROVED [] DENIED [ ] OTHER: CE: COMMISSION ACTION: County Attorney: ¡]1 ..J: ,.. Review and Approvals Management & Budget purchasing Originating Dept. Other: Other: Eff. 5/96 Finance: (Check for Copy only, if applicable)___ ,. '-' .,,-, RESOLUTION NO. 00-215 A RESOLUTION PROCLAIMING THE MONTH OF OCTOBER, 2000, AS "DOMESTIC VIOLENCE AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Domestic violence is a serious crime that affects people of all races, ages, income levels and sexes. 2. The crime of domestic violence violates an individual's privacy, dignity, security, and humanity, due to the systematic use of physical, emotional, sexual, psychological, and economic control or abuse. 3. Fifty-three (53%) percent of children living in violent homes are also abused, often sexually; and one (1) out of four (4) teenagers experiences violence in a dating relationship. 4. Domestic violence costs the nation between $5 billion and $10 billion annually in medical expenses, police and court costs, shelters and foster care, sick leave, absenteeism, and non- productivity. 5. Every nine (9) seconds a woman in the United States is beaten by her husband, boyfriend or a member of her family. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of October, 2000, as "DOMESTIC VIOLENCE AWARENESS MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to participate actively in the scheduled ,-,. ......" events and programs and to work toward the elimination of personal and institutional violence against women and their children. PASSED AND DULY ADOPTED this 3rd day of October, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY FRU1'1 SRFE::;:PACE, INC. '-' PHONE NO. : 561 595 Ø35~ Sep. 22 20[10 12: 45;:"11 Pi ~afespace, Inc. f. Dom..tic Violence Services 24 Hour Hotline, Indian River Co 669-723:! . St. Lucie Co. 4$4466& · Mar1in Co. 288.1023. Office 595-0042 P. O. Box 2822, Vero Beach, FL 32961. P. O. Box 4075, Fort Pierce, FL 34948· P. O. Box 1495, Stuart, FL 34995- St. Lucie Cmmty Connie-COWlty Attorney's Office Fax #: 561- 462·1440 QO\uvVJ l r^^ciJv ,J iD~V~ O\- {OC lO\'1::1 . W~ September 22, 2000 Dear COIUÙe: Thank you for agreeing to assist us in getting a proclamation for Domestic Violence Awareness Month which is in October. This year the theme will be "'It is Your Business" . The only change rrom the proclamation last year wiU be as follows: Every 9 seconds a women in this country is barterer (instead of every 15 seconds). The contact person is Debra Swanson, Executive Director, and she can be reached at (561) 595-0042. Again, thank you and if you should have any questions please do not hesitate to contact Debra. T oley Program Manager . A Lhted ~ ÀtJé1f'IC'J ."",..,.. AGENDA REQUEST '...I ITEM NO. 5A DATE: October 3, 2000 \w. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] PRESENTED BY: ß'ffi~~-~~ (Donald B. Wes\~ P.E. County Engineer SUBJECT: Public Hearing Stating the County's Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments Levied by the South 26th Street Municipal Services Benefit. BACKGROUND: See Attached Memorandum FUNDS AVAIL.: N/A PREVIOUS ACTION: September 6, 2000 - Board granted permission to advertise the public hearing RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 00-195 stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the South 26th Street MSBU. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: 4-0 (Bruhn absent) [x]County Attorney [x]Public Works ~ Liv- . CoordlnatlonlSianatures [x]Co Eng. 4~, r-\ []Other: []Utilities [ ]Other '-' "wi COMMISSION REVIEW: October 3, 2000 ENGINEERING MEMORANDUM NO. 00-293 DATE: Board of County Commissioners Donald B. West, P.E., County Enginee~ September 21, 2000 TO: FROM: SUBJECT: Public Hearing Stating the County's Intent to Use the Uniform Method of Collecting Non- Ad Valorem Special Assessments Levied by the South 26th Street Municipal Services Benefit Unit. BACKGROUND: One of the funding methods available is through non-ad valorem special assessments levied on properties within a proposed MSBU and collected using the uniform method pursuant to Section 197.3632, Florida Statutes. In order to preserve this funding option, it is necessary for the Board to adopt a resolution for the MSBU at a duly advertised public hearing held prior to January 1, 2002 as provided for in Chapter 197, Florida Statutes. The resolution does not in any way obligate the County to levy the special assessments, rather it simply preserves the County's option to use the uniform method of collection if a special assessment is levied. Attached to this memorandum is the following resolution which satisfies the legal requirements for the proposed South 26th Street MSBU project. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 00 -195 stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the South 26th Street MSBU. cc: Staff Concurring Tax Collector Property Appraiser Clerk of Court v '-' RESOLUTION NO. 00-195 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED SOUTH 26TH STREET MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the South 26th Street Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct sanitary sewer improvements to properties within the boundaries of the South 26th Street MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 3, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- v 'wi NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the South 26th Street MSBU to fund the cost of a project to construct sanitary sewer improvements to properties within the boundaries of the South 26th Street MSBU. Subject to the adoption of an ordinance by the City of Ft. Pierce pursuant to Section 125.01 (q), Florida Statutes (1999) consenting to include that portion of the MSBU within the boundaries of the City as part of the MSBU, a description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- ","' -....I After motion and second, the vote on this Resolution was as follows: Chairman Vice Chairman Commissioner Commissioner Commissioner John Bruhn Frannie Hutchinson Cliff Barnes Paula Lewis Doug Coward PASSED AND DULY ADOPTED this 3rd day of October, 2000. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- v EXHIBIT A -4- '...I v -....I EXHIBIT B DESCRIPTION: South 26th Street A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 20, BLOCK 1 AND LOTS 1 THROUGH 16, BLOCK 2, MARION HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK 10, PAGE 28 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 1 THROUGH 20, BLOCK 1; LOTS 1 THROUGH 16, BLOCK 3; LOTS 1 THROUGH 16, BLOCK 4 AND LOTS 1 THROUGH 16, BLOCK 5, SOUTH TWENTY-FIFTH STREET, REVISED PLAT, AS RECORDED IN PLAT BOOK 11, PAGE 46 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 1 THROUGH 16, BLOCK 6, SOUTH 25TH STREET SUBDIVISION AS RECORDED IN PLAT BOOK 10, PAGE 19 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. -5- //- :'" ...., ...... ... £} ,J l U -- í ~ : l.. (,.0- ....-.1:&. ...·\::'21 ~ _... ~ ~M ~r'~'4."S C,fN4""'J/:." ~....."". o'/n- ,&..f!(""". '(N~ 4.#<.... ¿., ",. AN ...#>.,.' '.øll . 1(: ¿ _ .~~#JIt ..2. ~,..,l'... H"ACM . r;;;.~~~: ; - .: .~;....,.., -,;;or ;¡, .~ LA_:' : \..1(Kt~~t<.~,t;_(t:T.u.) ¡:"I ':.:. ì ',,, ..,4.-.....t.~X ;;. .111- CØ4l.J-OOO/1) ~/~~;_ l......&.4.4... .....-,....&........ :;.',...) .4.,." HI ~ ~_tl.. ~t 70 ~""tT ...C. l.4-/lr... - ..... ~,...... ..c ~ c...........'- w. 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(lz.... _t: l~.,-.Øl/+ o 2 .. ~~r A,... .. ... ... ~ :: .. 1\ ". __., T r- \'. ;'ff;" .- '-- -- - ': " L . .. :: ' - ~~8bó !.._. .. 1 ~ . .. --- -.- ., Þ 6.H $ : _"".O",.,....D.\Q... r..) .,," . : IS . : ~ . . ~ ñ .4 J ~ -1j ~ : 1& - U , . r:-jõ'" -;--. 1--- --- .. 1 t 1._' LL , .. ....04lTH C. Þo W Þo. l.. ..a 6 c. O...."T.-'7. )1.. \ \ .: ~OUL"VÞo"'D \ I EXHIBIT "B" '-" ~ AGENDA REQUEST ITEM NO. }QA DATE: October 3, 2000 REGULAR [xx] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G Cole Property Acquisition Manager SUBJECT: Environmentally Significant Land Program North Fork of the St. Lucie River Addition / FCT Project #99-025-P9A Neuburger Parcel/Tax ID#2433-231-0002-000/0 BACKGROUND: Please see attached background memorandum. FUNDS A V AIIJABLE: Funds are available in account #382-3915-561000-310026 PREVIOUS ACTION: May 25, 1999 - Received Board of County Commission authorization to submit Grant Application to Florida Communities Trust (FCT) for the purchase of North Fork of the St. Lucie River Addition Project. December 21, 1999 - Received Board of County Commission approval of the Conceptual Approval Agreement with Florida Communities Trust to purchase the North Fork of the St. Lucie River Addition Proj ect RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for Neuburger Parcel highlighted in yellow on the attached map, authorize the Chainnan to execute the agreement and direct staff to close the transaction and record the document in the Public Records ofS1. Lucie County, Florida. COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: 4-0 (Bruhn absent) [XJCO~~Y A~'O=Y' r Be~~:~g~~~V~@(J¡[ J 'u r c h a " i~: - [X] Or~g~nat ~ng Dept: ~ [ T "" v,,· [X] Comm. Develop: [X] Finance: {check for copy only, if apPliCabl~ ~ Effective 5/96 '-" ......, PROPERTY ACQUISITION DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: Board of County Commissioners Donald G. Cole, Property Acquisition Manager October 3, 2000 Environmentally Significant Land Program North Fork of the St. Lucie River Addition / FCT Project # 99-025-P9A Neuburger Parcel/Tax ID# 2433-231-0002-000/0 -------------------------------------------- -------------------------------------------- BACKGROUND: On May 25, 1999, the Board authorized staff to submit a Grant Application to Florida Communities Trust (FCT) for the purchase of North Fork of the St. Lucie River Addition Project. On December 21, 1999, the Board of County Commission approved the Conceptual Approval Agreement with Florida Communities Trust to furchase the North Fork of the St. Lucie River Addition Project. The Board authorized the use 0 up to $80,000 from the County Environmentally Significant Land (ESL) funds to pay 20 % of the project costs with FCT to fund the remaining 80 % of the project costs. This is an 8-acre parcel lying on the west side of the North Fork of the St. Lucie River. For Purchase Price for this parcel was negotiated to $220,432.00 which is $432.00 above the Maximum App-roved Value (MA V). The current property owner, the Neuburger's, purchased the property whIle the County was in the process of receiving grant approval. The Neuburger's stated that they would still be wIlling to sell the property to the County but did not want to lose any money in the process. They requested that they be reimbursed for the expenses that they incurred when they purchased the propef!Y in February of this year. Their expense over the MA V consists of the closing costs ($432.00) that they incurred upon purchase. The County's 20% share of the MAVis $44,000.00. The County would pay the additional $432.00 for a total County purchase price of $44,432.00, plus our share of the closing costs. FCT's 80% share would be $176,000.00 plus their share of the closing costs. On the attached map of the project, the parcel that is the subject of this request is highlighted in yellow. The Option Agreement is attached for your review. The 1999 real estate tax was $3,659.28. The appraisãl and the review appraisal are available for your review in the Property Acquisitions Office. '-' ....., RECOMMENDATION / CONCLUSION: Staff recommends that the Board approve the Option Agreement for the Neuburger Parcel highlighted in yellow on the attached map, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted: ~) )~ ¿~ onald . 0 e Property Acquisition Manager CC: County Administrator County Attorney Community Develo'pment Director Leisure Services Drrector Finance Director Management & Budget Manager G:\ACQ\WP\YVONNE\ENVLANDS\FCT North Fork\Neuburger BCC Ocyober 6, 2000.wpd ;¡:~;¡i Hi l~~ ¡¡:i~ [i! ~~21 §. '" if 2ls'5J ~ ~¡i .; ~ ~ §. ~ifi - ~~ t ![@ iU ¡;¡. 0 ~ (---" I I \ I I I ---' " {§ ~ ~ ~ 0 ~ -0 ~ ~~ § ft a 3 (f) z~ ~ 1""1 Z C 1""1 ~ \J :::i i5) (Q' ....... Q) ....... :::!" ur 0' ::J (") » ëD ëD CD ~ Q) I .. II ìJ » ìJ ß) -0 a a -0 'ëï> Ç!1.. """ c: ~ $4 ::;:¡ OJ 0. 0. 0 CD c: """ ~ ::;:¡ 0 0. 0 OJ ß) ::;:¡ -< r+ 0 ~ ß) r+ a. il ~ (j) ;+ ::J:Þ»r c ~ §:: A. '-V -, CD I!::!: 00::0 !\) :J <' 'f CD -0 -o¡ CD » z o 0 -¡.,:::+ ...-;-::J ::Jil CD 0 -o¡ ^ Okeechobee County 1-------------------------- I 1 I I I 1 I I 1 I I 1 I I -----....---------- ~~ ~ Il'J ;:+ 5' o o C :::I -< . Umo "" I~i ~l ¡j) .. lit .§ () CI - ~ ,,~o e I ªi1 1'i .g¡ 3 lli~ ~ ~ ê ~ill ä:~ ft;~lí~~ ~íH ¡;I g'~ I hi ~i~ . ~ z-"",- :::I 0- ¡S)' :::I ::D ;;e' (I) -. o o C :::I 1-< Cf) I"""'F E o -- CD o o c: ::J ~ v '-" Project: North Fork FCT Project Project #: 99-025-P9A Contract #: Property Tax I.D.#:2433-23 1-0002-000/0 OPTION AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this _ day of ,2000, between RICHARD NEUBURGER and TFNNTFRR NEITRITRGER, his wife, whose address is 5155 Palmetto Avenue, Fort Pierce, Florida 34982 as "Seller", and the FLORIDA COMMUNTTTF:S TRUST, a nonregulatory agency within the Department of Community Affairs, ("Acquiring Agency") whose address is 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, and the BOARD OF COUNTY COMMISSIONERS OF ST LUCTF: COUNTY, a political subdivision within the State of Florida, ("Local Government"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida. Acquiring Agency and Local Government will be collectively referred to as "Purchaser" . 1. GRA NT OF OPTTON. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in St Lucie County, Florida, described in Exhibit "A", together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding upon execution by the parties but exercise of the option is subject to approval by Purchaser and is effective only if Acquiring Agency and Local Government give written notice of exercise to Seller. 2. OPTTON TERMS. The option payment is $100.00 ("Option Payment"). The Option Payment, in the form of a state warrant, will be forwarded to Seller upon its receipt by Acquiring Agency from the Comptroller of the State of Florida. The option may be exercised during the period beginning with the Purchaser's approval of this Agreement and the Acquiring Agency's governing body granting project plan approval in accordance with Rule 9K-4.011, Florida Administrative Code, and ending on 1/30/01 ("Option Expiration Date"), unless extended by other provisions of this Agreement. In the event Acquiring Agency's Purchase Price (as hereinafter defmed in paragraph 3.A) or Local Government's Purchase Price (as hereinafter defmed in paragraph 3.A) are not available by the Option Expiration Date the period of exercise of the option may be extended until such funds become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller. 3.A. TOT AT, PITRCHASE PRTCE. The total purchase price ("Total Purchase Price") for the Property is Two Hundred Twenty Thousand Four Hundred Thirty Two and 00/100 Dollars ($220,432 00) which, after reduction by the amount of the Option Payment, will be paid by Acquiring Agency and Local Government at closing to Seller or Seller's designated agent who meets the requirements of Section 253.025, Florida Statutes, in the manner set forth herein. The Total Purchase Price shall be paid to Seller as follows: Acquiring Agency shall pay the lesser of$176,000 00 or RQ% of the fmal adjusted Total Purchase Price for the Property as determined in accordance with paragraph 3.B. ("Acquiring Agency's Purchase Price"), which after reduction by Acquiring Agency of the Option Payment, will be paid to Seller by state warrant at closing; and Local Government shall pay $44,43200 or the balance of the final adjusted Total Purchase Price for the Property as determined in accordance with paragraph 3.B. ("Local Government's Purchase Price"), will be paid to Seller by Local Government check at closing. Total Purchase Price is subject to adjustment in accordance with paragraph 3.B. The determination of the fmal Total Purchase Price can only be made after the completion and approval of the survey required in paragraph 5. This Total Purchase Price presumes that the Property contains at least B....O. total acres, to be confirmed by the Survey, as provided in paragraph 5. This Agreement is contingent upon approval of Total Purchase Price by Purchaser and upon confirmation that the Total Purchase Price is not in excess of the fmal maximum approved purchase price FCT project#99-025-P9A August 10, 2000 1 '-' '-wi of the Property as detennined in accordance with Rule 9K-6.007, Florida Administrative Code ("Maximum Approved Purchase Price"). This Agreement is also contingent upon Local Government's funds for closing being available at closing and upon Local Government giving written notice to Acquiring Agency, prior to the exercise of the option, that these funds are available to close in accordance with this Agreement. If such notification is not accomplished, Acquiring Agency may in its sole discretion declare this Agreement void and of no further force and effect as of that date. Local Government's funds are the sole responsibility of Local Government. Seller shall have no recourse whatsoever, at law or equity, against Acquiring Agency or the Property as a result of any matter arising at any time whether before or after fee simple title is conveyed to Local Government, relating to Local Government's funds, Acquiring Agency shall have no obligation under this Agreement to provide any portion of Local Government's funds. Acquiring Agency's funds necessary to close are the sole responsibility of Acquiring Agency. Seller shall have no recourse whatsoever, at law or equity, against Local Government or the Property as a result of any matter arising at any time, whether before or after fee simple title is conveyed to Local Government, relating to Acquiring Agency's funds. Local Government shall have no obligation under this Agreement to provide any portion of Acquiring Agency's funds. Should Local Government's funds or Acquiring Agency's funds not be available for any reason, Purchaser or Seller may elect to tenninate this Agreement by written notice to the parties without liability to any party. Acquiring Agency and Local Government agree that the Local Government shall take fee simple title to all of the Property at the closing notwithstanding that Acquiring Agency and Local Government are required to pay all of the Total Purchase Price in the manner set forth in this Agreement. Conveyance of the Property in fee simple from Seller to Local Government will take place at the closing, in exchange for the payments to be made by Acquiring Agency and Local Government to Seller at closing as set forth above in this paragraph 3.A. 3.B. AD n JSTMRNT OF TOT A L PUR CH A SE PRICE. If, prior to closing, Acquiring Agency determines that the Acquiring Agency Purchase Price stated in paragraph 3.A. exceeds 80% of the [mal Maximum Approved Purchase Price of the Property, the Acquiring Agency Purchase Price will be reduced to 80% of the final Maximum Approved Purchase Price of the Property. Upon detennination of the [mal adjusted Total Purchase Price, Acquiring Agency's Purchase Price and Local Government's Purchase Price will be detennined and adjusted in accordance with paragraph 3.A. If the [mal adjusted Total Purchase Price is less than 2.5.% of the Total Purchase Price stated in paragraph 3.A. because of a reduction in the Maximum Approved Purchase Price of the Property, Seller shall, in his sole discretion, have the right to tenninate this Agreement and neither party shall have any further obligations under this Agreement. If Seller elects to tenninate this Agreement, Seller shall provide written notice to Acquiring Agency and Local Government of his election to terminate this Agreement within 10 days after Seller's receipt of written notice from Acquiring Agency of the final adjusted Total Purchase Price. In the event Seller fails to give Acquiring Agency and Local Government a written notice of tennination within the aforesaid time period from receipt of Acquiring Agency's written notice, then Seller shall be deemed to have waived any right to terminate this Agreement based upon a reduction in the Total Purchase Price stated in paragraph 3.A. 4.A. ENVIRONMENTAL SITE ASSESSMENT. The Local Government shall, at his sole cost and expense and at least 30 days prior to the Option Expiration Date, furnish an environmental site ssessment of the Property which meets the standard of practice of the American Society of Testing Materials ("ASTM"). Seller shall use the services of competent, professional consultants with expertise in the environmental site assessing process to determine the existence and extent, if any, of Hazardous Materials FCT project#99-025-P9A August 10, 2000 2 '-' ......." on the Property. The examination of hazardous materials contamination shall be performed to the standard of practice of the ASlM. For Phase I environmental site assessment, such standard of practice shall be the ASlM Practice E 1527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confIrm the presence of contaminants on site. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defmed in paragraph 4.B.). The environmental site assessment shall be certifIed to Purchaser and the date of certifIcation shall be within 45 days before the date of closing. 4.B. H AZA RDOUS M A 'fERT AT,S. In the event that the environmental site assessment provided for in paragraph 4.A. confIrms the presence of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to terminate this Agreement, Seller shall, at his sole cost and expense and prior to . the exercise of the option and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). However, should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal to.ill% of the Total Purchase Price as stated in paragraph 3.A., Seller may elect to terminate this Agreement and no party shall have any further obligations under this Agreement. In the event that Hazardous Materials placed on the Property prior to closing are discovered after closing, Seller shall remain obligated hereunder, with such obligation to survive the closing and delivery and recording of the deed described in paragraph 8. of this Agreement and Purchaser's possession of the Property, to diligently pursue and accomplish the clean up of Hazardous Materials in a manner consistent with all applicable Environmental Laws and at Seller's sole cost and expense. Further, in the event that neither party elects to terminate this Agreement as provided above, Seller shall indenmify and save harmless and defend Purchaser, its offIcers, servants, agents and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of whatsoever kind arising from Hazardous Materials placed on the Property prior to closing whether the Hazardous Materials are discovered prior to or after closing. Seller shall defend, at his sole cost and expense, any legal action, claim or proceeding instituted by any person against Purchaser as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which Hazardous Materials placed on the Property prior to closing are alleged to be a contributing legal cause. Seller shall save Purchaser harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 5. SURVEY. Local Government shall, at his sole cost and expense and not less than 35 days prior to the Option Expiration Date, deliver a current boundary survey of the Property prepared by a professional land surveyor licensed by the State of Florida which meets the standards and requirements of Acquiring Agency ("Survey"). The Survey shall be certifIed to Purchaser and the title insurer and the date of certifIcation shall be within 90 days before the date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims of easements not shown by the public records from the owner's title policy. If the Survey shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect. FCT project#99-025-P9A August 10, 2000 3 '-' '-' 6. TITI ,E INS1 TR A NCE. The T ,ocal Government shall, at their sole cost and expense and at least 35 days prior to the Option Expiration Date, furnish a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B") from a title insurance company, approved by Acquiring Agency, insuring marketable title of Purchaser to the Property in the amount of the Purchase Price. Local Government shall require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. 7. DEFECTS IN TITI ,E. If the title insurance commitment or survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefor, including the bringing of necessary suits. If Seller is unsuccessful in removing the title defects within said time or if Seller fails to make a diligent effort to correct the title defects, Purchaser shall have the option to either: (a) accept the title as it then is with a reduction in the Total Purchase Price by an amount determined by Acquiring Agency, (b) accept the title as it then is with no reduction in the Total Purchase Price, (c) extend the amount of time that Seller has to cure the defects in title, or (d) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. 8. INTEREST CONVF:YED. At closing, Seller shall execute and deliver to Local Government a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. The grantee in Seller's Warranty Deed shall be St T ,ucie County . 9. PREPARATTON OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, and 380.08(2), Florida Statutes. Local Government shall prepare the deed described in paragraph 8, of this Agreement, Seller's closing statement and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes, and an environmental affidavit on Acquiring Agency forms provided by Acquiring Agency. Acquiring Agency shall prepare Purchaser's closing statement. All prepared documents shall be submitted to Local Government and Acquiring Agency for review and approval at least 30 days prior to the Option Expiration Date. 10. PURCHASER REVTF.W FOR CLOSING. Purchaser will approve or reject each item required to be provided under this Agreement within 30 days after receipt by Purchaser of all of the required items. Seller will have 30 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend the Option Expiration Date. 11. EXPENSES. )he T ,ocal Government will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed described in paragraph 8. of this Agreement and any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the Property. 12. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Local FCT Project#99-025-P9A August 10, 2000 4 ~ '..,.I Government acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event the Local Government acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. 13. CLOSING PI ,ACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. The date, time and place of closing shall be set by Purchaser. 14. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk ofloss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Local Government in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of Local Government prior to the exercise of the option by Purchaser. 15. RIGHT TO FNTER PROPFRTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. Seller shall deliver possession of the Property to the Local Government at closing. 16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property. 17. DEF A 1 JLT. If Seller defaults illlder this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, Purchaser will be entitled to recover reasonable attorney's fees and costs. 18. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 9. Seller shall indenmify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19. RFCORDTNG. This Agreement, or notice of it, may be recorded by Purchaser in the appropriate county or counties. FCT project#99-02S-P9A August 10, 2000 5 '-" .....,I 20. ASSIGNMF.NT. This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 22. SEVFRABIT.ITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 23. SUCCESSOR S TN TNTER EST. Upon Seller's execution of this Agreement, Seller's heirs, legal represen.tatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 25. WANER. Failure of Purchaser to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquismnent for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 27. A DDFNDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 28. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. 29. S1JRVTVAL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8. of this Agreement and Local Government's possession of the Property. THIS AGREEMENT IS INITIALLY TRANSMITIED TO THE SELLER AS AN OFFER. IF THIS AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE 8-30-00 THIS OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT THIS OFFER. TI!E EXERCISE OF THIS OPTION IS SUBJECT TO: (1) APPROVAL OF THIS AGREEMENT, TOTAL PURCHASE PRICE, ACQUIRING AGENCY'S PURCHASE PRICE, AND LOCAL GOVERNMENT'S PURCHASE PRICE BY PURCHASER, (2) ACQUIRING AGENCY'S GOVERNING BODY GRANTING PROJECT PLAN APPROVAL IN ACCORDANCE WITH RULE 9K-4.011, FLORIDA ADMINISTRATIVE CODE, (3) CONFIRMATION TIIAT TI!E TOTAL PURCHASE PRICE IS NOT IN FCT project#99-025-P9A August 10, 2000 6 '-' -....I EXCESS OF TIlE FINAL MAXIMUM APPROVED PURCHASE PRICE OF THE PROPERTY, AND (4) LOCAL GOVERNMENT AND ACQUIRlNG AGENCY APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY SELLER. THE ACQUIRlNG AGENCY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. SELLER Richard and Jennifer Neuburger ~bu~flh- Witness as to Seller ac'4- 87- Q107 Social Security No. Witness as to Seller ~..... a;t-oo Date signed by Seller Witness as to Seller . ~~ 51'3 -q Z - 9!.eSO Social Security No. ~. 2Z DO Date signed by Seller / Witness as to Seller FCT Project#99-025-P9A August 10, 2000 7 "" ...., PURCHASER LOCAL GOVERNMENT BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FT,ORIDA By: Witness as to Local Government Name Its: Witness as toLocal Government Attest: (Clerk or Deputy Clerk) (OFFICIAL SEAL) Approved as to Form and Legality Date signed by Local Government By: Date: PURCHASER ACQUIRING AGENCY FLORIDA COMMUNITIES TRUST Witness as to Acquiring Agency By: Ralph Cantral, Acting Executive Director Witness as to Acquiring Agency Date signed by Acquiring Agency Approved as to Farm and Legality By: Ann J. Wild, Trust Counsel Date: FCT project#99-025-P9A August 10, 2000 8 '-' '--.,I STATE OF 4i IÐ-\Aci lÂ- ) 4J.- .¡J .) COUNTY OF ..jf . il\ <,i/Ù.JL. ) The foregoing instrument was acknowledged before me this ). 2/1C'\.day of ~)tl/YIhl'i,; , 2000, by Richard Neuburfer ,who is personally known to me or who has produced a driver's license issued within the last five years as identification. (NOTARY PUBLIC) SEAL (' ALIv<X- (J -"6 Cd tY4º Notary Public . Ci\r~L A-. 1St Sl-toP (printed, Typed or Stamped Name of Notary Public) Commission No.: (!C 9 3,~ 53 V My Commission Expires: 5/2//0 :.¡ .~) Carol A BIshop *.* My Commission CC938634 ,,,....',1 ExplredMY 21, 20Q.4 STATE OF~UJ"-- ) . . '. .) COUNTY OF.::r, d\(j. tZL ) The foregoing instrument was acknowledged before me this e:2:J. fie{ day of !Je1!ti.1nb¿1þ ,2000 Jennifer Neuburfer , who is personally known to me or who has produced a driver's license issued within the last five years as identification. (NOTARY PUBLIC) SEAL r JJJJ¡.( CL.75 V} tU'\O Notary Public .-- CA+1Z.o Lit. ï3 IS rff) P (printed, Typed or Stamped Name of Notary Public) Commission No.: Cc.q 38'S 3t( My Commission Expires: 5/21/0'-/ ~~ Carol A BIshop *.* My Commission CCI3I834 ,,,....~. Expires May 21, 2004 FCT project#99-025-P9A August 10, 2000 9 ~ ....., COUNTY OF ) ) ) STATE OF The foregoing instrument was acknowledged before me this day of , 2000 as of the Board of County Commissioners of St T ,ucie County, Florida on behalf of the Local Government. He is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: STATE OF FLORIDA ) ) COUNTY OF LEON ) The foregoing instrument was acknowledged before me this day of 2000, Ralph Cantral, Acting Executive Director of the Florida Communities Trust, on behalf of the Acquiring Agency. He is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: FCT project#99-025-P9A August 10, 2000 10 .. ¥ ......, EXHffiIT "A" Legal Description The North 375 feet of the South 1140 feet of that part of the West ~ of the Northwest 1/4 lying West of Canal No. 71, LESS the West 75 feet for road right of way, lying and being in Section 33, Township 35 South, Range 40 East, St. Lucie County, Florida. FCT project#99-02S-P9A August 10, 2000 11 · '-" "-" A DDRNDUM DISCLOSURE STATEMENT (INDIVIDUAL) The following Disclosure Statement is given in compliance with Sections 375.031(1) and 380.08(2), Florida Statutes. The Seller states as follows: 1) That to the best of the Seller's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive Leal estate commissions, attorney's or consultant's fees or any other fees or other benefits incident to the sale of the Property are: ~ Address Eeason for Payment A mount Do 2) That to the best of the Seller's knowledge, the following is a true history of all [mancial transactions (including any existing option or purchase agreement in favor of Seller) concerning the Property which have taken place or will take plaêe during the last five years prior to the conveyance of title to St. Lucie County: Name and Address of Parties Tnvolved 12aœ Type of Transaction Amount of Transaction vb :el{J r- Richard Neuhurd-r ~ ¥'~J;- ìl ~"- ~ifer Neu .. rger BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND LEGALITY: FLORIDA COMMUNITIES TRUST APPROVED AS TO FORM AND LEGALITY: By: Daniel S. McIntyre, County Attorney By: Arm J. Wild, Trust Counsel Date: Date: FCT project#99-025-P9A August 10/ 2000 12 ¡ ( *- '-" AGENDA REQUEST '-' ITEM NO. ~ß DATE: October 3, 2000 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Purchase of Additional Property for Heathcote Botanical Gardens BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board (1) approve the First Amendment to the June 27, 2000 Interlocal Agreement and authorize the Chairman to sign the First Amendment; and (2) Approve the Purchase and Sale Agreement with McBee, Inc. subject to: (a) the City of Fort Pierce approving the First Amendment to the June 27, 2000 Interlocal Agreement and (b) changing the closing date from September 29, 2000 to October 29, 2000. [~APPROVED [] DENIED [ ] OTHER: 4-0 (Bruhn absent) E: COMMISSION ACTION: ouglas Anderson County Administrator County At torney: :ß. Review and Approvals Management & Budget Purchasing: Originating Dept. Public works Dir: County Eng. : Finance: (Check for Copy only, if applicable) Eff. 5/96 --- ... - ~ ,...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 00-1537 DATE: September 27, 2000 SUBJECT: Purchase of Additional Property for Heathcote Botanical Gardens ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: The County owns the property where Heathcote Botanical Gardens ("Heathcote") is located. On March 4, 1986, the County entered into a Use Agreement with Heathcote Botanical Gardens, Inc. wherein the corporation agreed to operate and maintain Heathcote. In the summer of 1999, representatives of Heathcote Botanical Gardens, Inc. approached the County and the City of Fort Pierce ("City") about purchasing the mobile home park adjacent to Heathcote. On June 27, 2000, the County and the City entered into an Interlocal Agreement concerning the purchase of additional property adjacent to Heathcote. The Agreement provides that the County and the City will each fund ninety thousand and 0/100 ($90,000.00) dollars toward the purchase of property owned by McBees, Inc. adjacent to Heathcote. The proposed purchase price of one hundred eighty thousand and 0/100 ($180,000.00) dollars is based on an appraisal performed by Daniel Fuller, MAI in July, 1999. Pursuant to Board direction, the Interlocal Agreement contains a joinder by Heathcote Botanical Gardens, Inc. agreeing to hold the City and the County harmless from any expenses related to the operation and maintenance of the property. Since the Seller did not deliver a signed Purchase and Sale Agreement before September 15, 2000, staff has prepared the attached draft First Amendment which would extend the date for contract approval to October 15,2000. Pursuant to the Board's request, Heathcote has drafted a proposed letter to the tenants of the mobile home park, a copy of which is attached. Representatives of Heathcote will be present at the Board's October 3 meeting to answer any questions the Board may have. - - '-' \wi Also attached is a copy of a Purchase and Sale Agreement signed by McBee, Inc. agreeing to sell the mobile home park to the County for one hundred eighty thousand and 0/100 ($180,000.00) dollars. The proposed closing date of September 29, 2000 will need to be changed to October 29,2000. The water repair bill ($450) will be paid for by Heathcote. RECOMMENDATION/CONCLUSION: Staff recommends that the Board: 1. Approve the First Amendment to the June 27,2000 Interlocal Agreement and authorize the Chairman to sign the First Amendment. 2. Approve the Purchase and Sale Agreement with McBee, Inc. subject to: a. The£ity of Fort Pierce approving the First Amendment to the June 27, 2000 Interlocal Agreement; and, b. Changing the closing date from September 29, 2000 to October 29, 2000. Respectfully submitted, ') /Yi~r;£?'" / / {(/ ~ - /' / ltIJfd ï A- I I ' Daniel S. McIntyre) County Attorniy ..- C-/ DSM/caf Attachments ~ "-" FIRST AMENDMENT TO JUNE 27, 2000 INTERLOCAL AGREEMENT PURCHASE OF ADDITIONAL PROPERTY FOR HEATHCOTE BOTANICAL GARDENS THIS FIRST AMENDMENT made and entered into this _ day of 2000, between the CITY OF FORT PIERCE, FLORIDA, a Florida municipal corporation, hereinafter referred to as the "City" and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County". WHEREAS, the parties entered into an Interlocal Agreement on June 27, 2000 concerning the purchase of additional property for Heathcote Botanical Gardens; and, WHEREAS, the Interlocal Agreement contemplated that the Seller of the additional property would enter into a contract on or before September 15, 2000, to sell the property; and, WHEREAS, the Seller has signed a contract subsequent to September 15, 2000 so that the parties desire to extend the Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual benefits received by each party, the parties mutually agree as follows: 1. Paragraph 3 "TERM; TERMINATION" is amended to read: 3. TERM; TERMINATION. The parties obligations herein are contingent on the Seller agreeing to sell the Property for no more than one hundred eighty thousand and 0/100 ($180,000.00) dollars. If the Seller and the County have not entered into a contract by October 15, 2000, this Agreement shall automatically terminate unless extended by both parties. 2. Except as amended herein, the remaining terms and conditions of the June 27, 2000 Interlocal Agreement shall remain in full force and effect. g: \atty\agreemnt\i nterloc \ fp-heathcote '-' ......, IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seals this day of ,2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CITY OF FORT PIERCE ATTESTS: BY: BY: Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS BY: City Attorney g: \atty\agreemnt \i nterloc \ fp-heathcote '-' 'wi 210 SAVANNAH ROAD . FORT PIERCE. FL 3~e.2 (lUll) ~e~-~e72 Fax. (561)4S9-274R e-mail: hb;t4;ircc.nd. 09/26/00 address details Dear Residents of Trade winds Mobile Home Park. As you may have heard, Mr McBee has entered into a contract to sell the mobile home property to St. Lucie County for the benefit of future development for Heathcote Botanical Gardens. This was a joint effort between the County and City of Fort Pierce. However, neither the County nor the City will have any respoDS1òility for the management of the park. This rests solely with Heathcote Board of Trustees. Upon contract closing, all rents would be payable to Heathcote Botanical Gardens on the first of each month. We will notify you when the contract closing date occurs. · We enclose a self-addressed envelope for rents to be remitted to Heathcote. When this possible sale was first discussed last fall, we obviously investigated the legal obligations of both landlord and tenant The attorney for St Lucie County reviewed a complete copy of the state law #723.061(2). It is now clear that the law requires the landlord, after the re-zoning of the property by the new owner, to give each tenant a minimum of one (1) year to relocate him or herself to another site. We want to make this move by the tenants as easy as possible. We have enclosed: · a list of the mobile home parks in the area with useful information. In the event your unit is not moveable and must be sold by you we have enclosed: · a list of agencies which could help with your relocation. To further discuss your concerns, We invite vou to a coffee. juice and donuts meeting in the Gardens on Saturdav October 28th at 9. OOam. We want to be a good neighbor and sincerely hope you will attend Heathcöte is a non-profit public garden for educational purposes. We receive no County or City moneys for operation of the gardens and raise all our funds through memberships, memorials, donations and fund- raisers. Sincerely, . E/??~ /-~ ~Di rector Gloria H. Moore Vice PresidentIFinance Ene. HBG self-addressed envelope, list of Mobile Home Parks, List of Housing AssisbDce Agencies. '-" '...I ~'lobile Home Parks (further options are still being investigated and infonnation will be added when available) TangIewood Mobile Home Park 345 Weatherbee Road Fort Pierce FL Tel. 464-0577 Manatee Mobile Home Park 3550 South US #1 (east side of road, south of Farmer's Marlcet) Fort Pierce FL 34982 . _ Tel. 468-3470 Pine View Mobile Home Park South US #1 (west side of road, north of Farmer's Market) Fort Pierce FL Tel. Rainbow Mobile Home Park Attn. Harry Goeringer 6950 South US #1 Port St Lucie FL Tel. 878-4677 '-' '-' Housing Assistance Possible Sources of Information and Advice Advisorv Services: St Lucie County Council on Aging Contact: Patti Mylott Tel. 465-5220 Darrell Drummond (Executive Director) Tel. 336-8608 Department of Human Services Contact: Beth Ryder Tel. 462-1777 Fort Pierce Housing Authority Contact: Brenda Cooper Tel. 461-7281 Joshua Johnson (Director) . - County-wide State Assistance Contact: Judy Mattera Tel. 462-1777 Medicaid - Department of Children & Families Contact: Senior Division Tel.. 467-3700 Indian River County Council on Aging Contact: Peggy Brinson Tel. 569-0763 Subsidized Rental Complexes: The Cove (age restricted - apartment complex for low income seniors) 4400 NW Cove Circle (offofSelvitz Road) Port St Lucie FL 34983 Tel. 344-9995 HilImoor Village (not age restricted) 1900 SE Hilmoor Drive (off of US # 1) Port St Lucie FL 34952 Tel. 337-0054 Under construction: The Sanctuary (400 units, not age restricted) Off of East Turino Planned: The Catholic Diocese (90 units, age restricted) Near Darwin, off of southern Port St Lucie Blvd. Home Ownership & Repair Pro2,rams See "SHIP" Brochure attached (State Housing Initiatives Partnership) '. '-' '-' PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT, made and entered into this day of , 2000, by and between McBEE'S, INC. (hereinafter referred to as .. Seller") and BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FLORIDA , , and/or assigns (hereinafter referred to as "Purchaser"). WIT N E SSE T H: For and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, to each party in hand paid to the other, receipt whereof is hereby acknowledged, as well as in consideration of the promises, covenants and agreements herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to Purchaser and Purchaser agrees to buy from Seller those certain parcels of property together with all buildings and improvements thereon erected, together with all and singular the tenements, hereditaments and appurtenances thereto, belonging or in anywise appertaining located at Fort Pierce, Florida, situate, lying and being in St. Lucie County, Florida, more particularly described in Exhibit" A" attached hereto and made a part hereof, together with and including all of the Seller's right, title and interest, if any, in and to all security deposits, leasehold estates, fixtures, furnishings, tenant improvements, and other personal property, tangible and intangible, if any, owned by Seller at the time of closing presently located on or pertaining to the subject premises, which personal property is more particularly described in Exhibit "B" (but specifically excluding any items of personal property owned by tenants or other unrelated third parties), all of the afore-described real and personal, tangible and intangible property being hereinafter referred to as "Parcel A" and "Parcel B" as described in Exhibits "A" and "B" collectively called the" Subject Property". 2. Purchase Price. The purchase price of the Subject Property, which the Purchaser agrees to pay and which the Seller agrees to accept, shall be a sum equal to One Hundred Eighty Thousand Dollars ($180,000.00). 3. Deposit. Simultaneously with the execution hereof, Purchaser has delivered to the Treasure Coast Abstract & Title Insurance Company, 401-B South Indian River Drive, Fort Pierce, Florida 34982, as "Escrow Agent", to be held in trust, the sum of One Thousand Dollars ($1,000.00) as a deposit on account of the purchase price with deposit to be applied to the cash due at the closing. Page 1 of 18 '-" ....¡ Seller shall have ten (10) days from the receipt of this Agreement, executed by Purchaser, to accept same and return a duly executed original to Purchaser at the address set forth herein. The Escrow Agent is authorized and agrees by acceptance thereof to hold the Deposit and to thereafter disburse the Deposit, in accordance with the terms and conditions of this Agreement. (a) If the transaction contemplated by this Agreement is closed, then the Deposit shall be paid to the Seller and credited to the Purchaser as a portion of the cash to close. (b) If the transaction contemplated by this Agreement does not close due to a default by the Seller, then the Deposit, shall at the option of the Purchaser be paid over to the Purchaser whereupon all parties shall be released from all obligations hereunder; provided, however, that nothing contained herein shall prevent Purchaser from seeking all other legal remedies available to it in the event of a default by the Seller, including but not limited to specific performance of Seller's obligations. (c) If the transaction contemplated by this Agreement does not close due to a default by the Purchaser with no default by the Seller, then Seller's sole remedy shall be payment to it of the Deposit, as liquidated damages, whereupon all parties shall be released from all obligations hereunder. 4. Terms of Payment. Purchaser shall pay to Seller at the closing in cash or cashier's check, the sum of One Hundred Eighty Thousand Dollars ($180,000.00), of which the Deposit heretofore paid by Purchaser shall be a part. Said cash to close shall be adjusted by any credits, debits, or prorations required to be made hereinafter. 5. Evidence of Title. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date hereof. showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before closing. Should Purchaser find on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence td' make same good and marketable and shall have a reasonable time therefor, but not to exceed forty-five (45) days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become Page 2 of 18 "" ~ null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 6. Seller's Representations. (a) Annexed hereto and made a part hereof as Exhibit "C" is a list of all leases, tenancies, and occupancies affecting the property or portions thereof giving the space, name of the tenant, rent, expiration, security deposit, if any, and other relevant information with respect to each such tenancy or occupancy, which Seller warrants and represents is true and correct. There are no other leases, occupancies, or tenancies except as reflected in said Schedule and none will be agreed to prior to clpsing without Purchaser's consent. True and correct copies of all said leases, if any, have been delivered to Purchaser and Seller warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "C", alterations, installations, and other work required to be performed by the landlord under the provisions of any such lease, tenancy, or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the Subject Property and upon the closing date no such commission shall be due and unpaid, except as set forth in Paragraph 14 hereof. (b) Seller has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property other than those set forth in Exhibit "D" attached hereto and made a part hereof. Each and every such contract or other instrument listed in Exhibit "D" is a valid, bona fide, and binding agreement entered into by the parties thereto, effected in good faith in an arms-length transaction. True and correct copies of said instruments have been delivered to the Purchaser, and the Seller represents that there are not now and will not be at the date of closing amendments or modifications or any waiver by any party of any of the provisions thereof. 1./ ~vY' (c) Neither Seller nor the respective tenants nor pa~,ties !0,3S''i>W4~ -- E.i~tk agreements listed in Exhibits "C" or "D" attached hereto are in defaul\u~~rtne ~ms òfaJ ~h C said agreement or instrument, nor has the Seller or any other party taken any action that would constitute a default under any mortgage affecting the Subject Property. (d) None of the tenants on the premises have been given any concession or consideration for the rental of any space applying to any period after the closing, and no Page 3 of 18 ."" .....¡ tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) Seller warrants and represents that no other agreements concerning employees engaged in the operation and maintenance of the Subject Property or employment contracts exist except as set forth in said Exhibit "E" attached hereto, copies of which agreements have been delivered to the Purchaser. (f) Annexed hereto and made a part hereof as Exhibit "F" is a list of all policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information with respect to each such policy. Seller has heretofore delivered to Purchaser true and accurate copies of all such policies, and Purchaser may assume said policies and the premiums shall be prorated as of the date of closing. (g) Seller agrees with Purchaser that from and after the date hereof and prior to the closing, Seller will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the Subject Property without the written consent of Purchaser. (h) Seller has no knowledge that the whole or any part of the Subject Property is in violation of any code, ordinance, statute, or regulation pertaining thereto, and Seller has received no notice of any such violation other than City Code Enforcement notices RE: Lot 17. Alleged violations have been cured to the satisfaction of the City Code Enforcement Board. Seller shall deliver to Purchaser any such notice received prior to or after closing. (i) The buildings, parking area, driveways and all other improvements upon the premises are, and at closing shall be, all within the boundary lines of the property as described in the Deed therefor, and there are no encroachments thereon or thereby. (j) The Subject Property is presently and shall be at closing zoned for the use to which it is now being put. (k) Seller has no knowledge of any pending improvement liens to be made by any governmental authority, nor does Seller have any knowledge of any pending litigation, lien, or other claim in respect to the Subjeét Property. (I) Seller represents and warrants(tha"f::, 911 improypm(,l"'tE: OR tilt:. SulJjecf P.&Gpartï ora iA a strudul ally 30Ul'ld c~tinn n.QQ tha}between the date of this Agree~ent Page 4 of 18 ~v,y ."'" ~ and closing, the Subject Property, including lawn and shrubbery, shall be maintained by Seller in the condition it existed as of the date of this Agreement, ordinary wear and tear excepted. (m) Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to the physical condition or history of the Property. Seller has received no written or verbal notice from any governmental entity or agency as to a currently uncorrected building, environmental or safety code violation. Subject to the provisions and limitations of this Rider. Buyer waives any claims against Seller and, to the extent permitted by law, against any licensee involved in the negotiation of the Contract, for any defects or other damage that may exist at closing of the Contract and be subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. Buyer shall have twenty-five (25) days from Effective Date ("Inspec 'od") within which to have such inspections of the Property performed as er shall desire a tilities shall be made available by the Seller during the Inspe' eriod. Buyer shall be responsl or prompt payment for such inspections epair of damage to and restoration of the Prope esulting from such ins . ns. This provision shall survive termination of the Contract. er det . es, in Buyer's sole discretion, that the condition of the Property is not ac to Buyer, Buyer may cancel the Contract by delivering facsimile or wr' notice of such ion to Seller within 48 hours after; expiration of the I ction Period. If Buyer timely cance Contract, the deposit(s) paid ( shall be im lately returned to Buyer; thereupon, Buyer and Seller e released of all i / obligations under the Contract, except os provided above. (n) All of Seller's representations and warranties set forth in this Contract are true as of and surviving the closing and all obligations of Seller involving action or performance by Seller prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from any activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, Seller shall at its sole costs and expense defend against such claim or cause of action, and hold Purchaser harmless therefrom, which shall include, but not be limited to, Seller's retaining such attorneys or other persons as may be required to fulfill this indemnification. v /' /"I ,.¡ .1 (/ ~Lt__. <! If any of the representations of Seller contained in this paragraph are inaccurate at the present time or as of the date of closing, Purchaser may elect not to close this transaction in which event the deposit paid to the Escrow Agent shall be returned to Purchaser, and all parties shall be relieved from all obligations and liabilities hereunder; provided, however, that nothing contained herein shall preclude Purchaser from seeking Page 5 of 18 '-' ....." specific performance of Seller's obligations hereunder so as to rectify any misrepresentation made by Seller herein. 7. Risk of Loss. If, prior to the date of closing, either (a) the whole or any portion of the premises containing the Subject Property shall be destroyed by fire or other casualty, or (b) all or a portion of the Subject Property shall be condemned or taken by eminent domain by any competent authority for public or quasi-public use or purpose, then Purchaser shall have the option to cancel this Agreement or to conclude the transaction. If Purchaser shall elect pursuant to such option to cancel this Agreement, Purchaser shall be entitled to the return of all sums deposited by him hereunder, and both parties shall be relieved or discharged of all further liability hereunder. If, however, Purchaser shall elect to conclude this transaction, there shall be no reduction in the purchase price and, in the case of fire or other casualty, any insurance proceeds received or, in the case of a condemnation or taking by eminent domain, any award for the property or the portion thereon so taken, shall be paid to Purchaser. ~v1 Closing. ~ Ir!.: ( fJU o .;% Q. ~-k VI-< ¡,.." 2. '1) ¡DOS (a) The closing on the transaction shall be held wrtll;'1 ~;)(;t 60) JdYS from tile gale hoo.,4f, unless delayed by the necessity of Seller taking some curative action otherwise required hereunder. The said closing shall be held at the offices of Treasure Coast Abstract & Title Company. The conveyance of the Subject Property shall be by general warranty deed, subject only to taxes in the year of closing, zoning and other prohibitions imposed by governmental authority, all public utility easements that do not prohibit the use of the Subject Property for all uses permitted under those matters at Exhibit "G". 8. (b) Buyer will pay Seller the cash to close as set forth in paragraph 4(a) by a cashier's check. The cashier's check shall be delivered to the Escrow Agent to be held in escrow pending the recordation of the deed, Purchase Money Mortgage and other instruments provided for in this Agreement among the Public Records of St. Lucie County, Florida, and the determination that no change in the title to the Subject Property has occurred between the date of the commitment for title insurance covering the Subject Property through the date of the recordation of said deed, other than changes that may have been made or effected by Seller to cause the title to the Subject Property that may have been effected by Buyer and parties claiming by, through, or under Buyer. If a change in the title to the Subject Property occurs other than the changes permitted herein, then the Escrow Agent shall continue to hold the deposit and the cashier's check for a period of sixty (60) days to enable Seller to cause the title to the Subject Property to be made such as provided for in this Agreement. If Seller is unable within said period of sixty (60) days, to cause the title to the Subject Property to be made such as provided for in this Agreement, then concurrently with Page 6 of 18 '-' ....." Buyer executing and delivering to the Escrow Agent a deed reconveying the Subject Property to Seller. though subj ect to the matters and things that existed at the time of the recordation of the deed from Seller to Buyer. the Escrow Agent shall return the deposit and the cashier's check to Buyer and deliver the deed reconveying the Subject Property to Seller concurrently with Seller reimbursing Buyer the cost of the documentary stamps and surtax affixed to the Deed by Buyer. cost of title insurance and recording said deed; and thereupon the parties hereto will be released and relieved from all obligations under this Agreement, . ' or, at the option of Buyer, Buyer may consider the transaction as closed, and thereupon. the. fì;JvvVi"' Escrow Agent shal..L deliv~r the d~posit_an~~e cashier's chec~.!p Seller. S~ {It¿ y s ,ha.f. rc (1LC.¡4/a CLC.(~l;r:a.-r<1..lðS n.S (n ìl<\~etlM.ot.l.vt+af-tt4iSð~ /ðv- ("¿PCJ.lf$ 10 +-h. L t..ò tl.. +a,v S Y ~+<4'V'\ . 9. Prorations. Taxes shall be prorated based upon the current year's tax. If the closing occurs on a date when the current year's taxes are not fixed, then taxes will be prorated on the prior year's tax; however, any tax proration based on an estimate may, at the request of either party to the transaction, be subsequently readjusted upon receipt of the actual tax bill. This provision shall survive delivery of the Deed as an obligation of the party - charged. Taxes, hazard insurance, interest. utility charges. rents, and other expenses and all revenue of the Property shall be prorated as of the date of actual closing. All Security Deposits and advance rent payments shall be turned over to the Purchaser at closing. 10. Documents. At the closing. Seller shall deliver or cause to be delivered to Purchaser, the following: (a) A fully executed and acknowledged General Warranty Deed to transfer and convey to Purchaser all of the Seller's interest in and to the Subject Property. (b) A Bill of Sale Absolute for all tangible personal property, specifying that the Seller has full authority to convey same subject only to the rights of the holders of the Existing Mortgages. (c) An affidavit of compliance with statutory requirements pursuant to Section 723.072, Florida Statutes. (d) An assignment of all the Seller's right, title, and interest under any of the leases, tenancies and occupancies of the Subject Property referred to in Exhibit "C". (e) An assignment of all service contracts. maintenance agreements, and any other agreements pertaining to the Subject Property referred to in Exhibits "D" and "E" attached hereto. Page 7 of 18 " ~ .....,; (f) A letter addressed to the tenants of the Subject Property advising them of the change of ownership in a form reasonably satisfactory to the Purchaser. (g) An updated rent roll certified as correct by Seller, and a schedule of rent delinquencies, if any. (h) An assignment of security deposits, if any, together with a transfer of said security deposits to the Purchaser. It is understood and agreed that all lease security deposits deposited by the tenants with the Seller pursuant to the terms of the leases (to the extent that such securities have not been applied by the Seller in accordance with the leases), together with the interest accrued thereon as required by law, shall, together with any interest accrued thereon due to tenant, if any, be turned over by the Seller to the Purchaser on the closing date. (i) An estoppel letter from each tenant under each lease, tenancy, or :: occupancy pertaining to the Subject Property. or any part thereof, specifying the nature, purpose, and duration of said tenant's occupancy, the nature of any renewal or other options, the rental rate, the date through which rent has been paid, the amount of security deposit or advance rent claimed by each tenant and a statement that there are no defenses to the payment of rent based upon any non-performance of the landlord or otherwise and that tenant's only interest in the premises is as tenant only. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Purchaser and Purchaser may thereafter contact each tenant to verify such information. (j) An affidavit testifying to the absence of any claim of lien or potential lien known to Seller and further attesting that there have been no improvements to the Subject Property for one hundred twenty (120) days immediately preceding said date of closing. If the Subject Property has been improved within said time, the Seller shall deliver releases or waiver of all mechanic's liens executed by the appropriate parties under Florida law to assure that all bills for work to the property have been paid and that there are no potential liens. 11. Closing Costs. Purchaser shall pay the costs of the documentary stamps on the deed. Purchaser shall pay the cost of recording the deed. 12. Assignment. The Purchaser's rights hereunder may be assigned by Purchaser to any other person, firm, or corporation, provided that by acceptance of said assignment any such assignee agrees to be bound by all of the obligations of Purchaser hereunder. Page 8 of 18 " '-" """ 13. Brokerage. Each party represents to the other that it has not dealt with any real estate broker in connection with the Subject Property other than JoAnn & Associates (the "Broker") and each party agrees to indemnify and hold the other harmless for any misrepresentation hereunder. Seller agrees to pay all brokerage due said Broker, and Broker agrees to look solely to Seller and not to Purchaser or the Subject Property for all brokerage due in connection with this sale of the Subject Property. 14. Notices. All notices or other communications given or made pursuant hereto, or for the purposes of invoking or enforcing any of the provisions hereof, shall be in writing by registered mail, return receipt requested, with full postage prepaid, addressed s follows: If to Seller: With a copy to: McBee's, Inc. 1801 S. Indian River Drive Fort Pierce, Florida 34950 JoAnn Allen 105 N. Second Street Fort Pierce, Florida 34950 - Norman L. Paxton, Jr., Esq. 606 Boston A venue Fort Pierce, Florida 34950 If to Purchaser: With a copy to: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 15. Indemnification of Escrow Agent. All parties do hereby release the Escrow Agent from any liability for any loss caused by said Escrow Agent and do hereby indemnify and hold Escrow Agent harmless from any loss or liability incurred by Escrow Agent hereunder, except for actions by Escrow Agent of willful and malicious misconduct. 16. Right of Entry. Purchaser or his Agents shall have the right to enter the Subject Property during the Contract period upon reasonable notice to Seller for the purpose of all inspections and to make drawings and plans necessary for Purchaser's renovation of the Subject Property. 17. Entire Agreement. This Agreement, contains the entire agreement between the parties hereto, their successors, heirs and assigns, and no change or modification hereof Page 9 of 18 '-' '-' shall be binding upon the parties unless evidenced by an instrument in writing, or unless made in accordance with the provisions hereof. This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _ day of ' 2000. Signed, sealed and delivered in the presence of: McBEE, INC. BY: !êIAAJ tv /kl...~ cz,';I !iz.í:.-$- / j?Cf->'L Seller _- ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney RECEIPT BY ESCROW AGENT The Escrow Agent does hereby acknowledge receipt of the sum of One Thousand Dollars ($1,000.00) to be held in accordance with the terms of this Agreement. TREASURE COAST ABSTRACT & TITLE INSURANCE COMPANY BY: Page 10 of 18 ~ - ""'" ACKNOWLEDGMENT OF BROKER JOANN & ASSOCIATES BY: Page 11 of 18 '-' "'" EXHIBIT .. A" LEGAL DESCRIPTION Beginning at the Southwest corner of the West half of the Southwest quarter of the Southwest quarter of the Northeast quarter of Section 22, Township 35 South, Range 40 East, run North along the quarter section line for a distance of 25 feet for a point of beginning; thence continue North for a distance of 250 feet for a point of beginning; thence continue North for a distance of 250 feet; thence run in an Easterly direction for a distance of 280 feet; thence run in a Southerly direction on a line parallel with the Section line for a distance of 250 feet to a point on the North right-of-way line of Waterplant Road; said point being 25 feet North of the quarter Section line running along said Waterplant Road; thence run in a Westerly direction for a distance of 280 feet to the point of beginning. Page 12 of 18 '-' '-" EXHffiIT B PERSONAL PROPERTY 2 Washing machines bw~ i q cA tJ,4 H C K" h 1'[ e. he> 1M e "VI Lo + II 1 Dryer " '-" '-' EXHIBIT C Lot Tenant's Name Written Lease Date of Lease Term Rent l. Robert Steidle No $175 2. William HeIsinger Yes 3/2/96 6 mos. $175 3. Sam and Mary Nastari Yes 9/15/95 6 mos. $175 *4. Kenneth E. Young Yes 9/19/95 6 mos. $175 *5. Ada M. Turner Yes 10/2/95 $175 .6. Timothy Mead Yes 11/1/96 6 mos. $175 *7. Sally Howell Yes 9/23/95 6 mos. $175 8. N ghia Le No $175 .Cf. Andrew C. Corey Blank lease $175 10. Jeffrey 1. Jerkins Yes 10/30/95 $175 **Il. 12. Thaddeus J. Kuzina Yes 9/18/95 6 mos. $175 13 Saninya Naka No $175 14. Preecha Phuangthako No $175 15. Lynda D. Fox Yes 10/3/95 6 mos. $175 16. Luther M. Navy Yes 6/3/96 6 mos. $175 Bonnie Shaffer *17. William N. Merritt, No $175 Gary W. Merritt, and Darrell Merritt 18. Nadine A. Nastari Yes 5/5/98 6 mos. $175 19. Ray Bible No $175 20. Ralph W. Scholl Yes 9/3/97 6 mos. $175 Seller holds no security deposits. For expiration dates, see terms of each lease. '-' 'wi EXHIBIT C (Continued) *DELINOUENCIES Lot 4 Kenneth Young - has not paid August and September 2000. Seller anticipates rent will be brought current. Lot 5 Ada Turner - back rent owed for January 2000 to date. Lot 7 Sally Howell - has not paid rent June through September 2000. Ms Howell vacated mobile home within the last couple of months. Lot 17 Title to trailer transferred to William N. Merritt, Gary W. Merritt, and Darrell Merritt after the death of Mary Cole. Current owners have not signed a new lease and mobile home is vacant. No rent has been paid since October 1998. ** Lot 11 Title to mobile home obtained from last tenant, Mr. Blount and will be transferred to buyer at closing. '-" \..,I EXHmIT D - none Only service arrangement is mowing service, which is terminable at will. - " '-' EXHffiIT E Employees - None 'wi ~' '....I EXHIBIT F Insurance American Summit Insurance Company - liability policy Policy No. MP A 000100030 Policy Period: 1/2/00 - 1/2/01 MOBILE HOME PARK POLICY DECLARATION AMENDED DEClARATIO~ 1/02/2000 AMERICAN SUMMIT I NS~NCE COMPANY \wi 14805 NQrth 73rd Street, Scottsdale, Arizona 85260-3107 602-991-3176 Policy Number MPA 000100030 Renewal of 000000000000000 EFFECTIVE Form Applicable: ~ Standard _ Special NO FLOOD COVEP~ CODE: Policy Period: From ONE YEAR 1/02/2000 to 1/02/2001 12:01 A.M. Standard Time at Your Mailing Address Shown Below JEMFl3638 .' -rR'mJ'E'MTNU'S CI~tJ1frt:E'''ffOME PARK N.Uot! 0# "'''MI: TRADEWINDS MOBILE HOME PARK TRADEWINDS MOBILE HOME PARK '1801 '. S INOIAN RIVER DR. MQATGAOI.I1CJlOE-'INA&.I11 AOO lltUSI NAMED INSURED FORT PI ERC E Fl 34950 FORM Of:.,.BUSINESS> Individual _ Partnership' - Joint Venture _Organization (Any other) - PREMISES NO. DEm:æES~N4tØ"'6clty,Counly.Stete. Zip (Enter "Seme"" samelocetlon &laboye) BUSINESS DESCRIPTION FORT PIERCE FL 34982 MOBILE HOME PARK IN RETURN FOR THE PAYMENT OF THE PREMIUM. AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ;>. . PROPERTY Limits of Insurance for Premo No. I Bldg. No. Premo No. Bldg. No. Premo No. I Bldg. No. I I Buildings $ $ $ Actual Cash Value - Buildings Option (Y/N) N Automatic Increase - Buildina Limit (Pet.) 0/0 % % Business Personal Prooerty $ $ $ DEDUCTIBLE> $ 250 OPTIONAL COVERAGES - Applicable only If an "X" Is shown in the boxes below: - LIMITS OF LIABILITY 1. Outdoor Signs $ per occurrence 2. .-X- Exterior Grade Floor Glass Included $ Inside the Premises 3. Money and Securities (Special Form only) $ Outside the Premises 4. Employee Dishonesty $ per occurrence 5. Other (specify) LIABILITY AND MEDICAL PAYMENTS Except for Fire Legal Liability, each paid claim for the following coverages reduces the amount of insurance we provide during the applicable annual period. Please refer to Paragraph 0.4 of the Businessowners Liability Coverage Form. LIMITS OF INSURANCE LIABILITY AND MEDICAL EXPENSES $ 1.000.000 MEDICAL EXPENSES $ 5.000 per person FIRE LEGAL LIABILITY $ 100.000 anyone fire or explosion BP00060191 MP-1(Z/9Z) BP00061292 MP-2(Z/92) FORMS APPLICABLE AS100180 9/96 BP00010689 BP00090689 BP04120181 IL02550794 MP~3(2/92) BP03030489 / Annual Premium $ 293.00 Three Year Prepaid Premium $ INCLUDeS $4.00 Fl REVENUE SURCHARGE. AMENDED PREMIUM $ 25.00- Code J.E. MURPHY COMPANY 572 E MCNAB RD. POMPANO BEACH. Fl 33060 Countersigned 4/19/00 19_atPOHP.BCH.. FL by C~ ,Q Name MPl (2/92) INSlJRF.O'S copy '. \.,( POUCY NUMBER: MPA100030 r q 'wi BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE- Premises: Project: 230 Savannah Road, Fort Pierce, Fl. 34982 Tradewinds Mobile Home Park DBA Tradewinds MHP The following is added to the Businessowners Liability Coverage Form: This insurance applies only to "bodily injury," "prop- erty damage," "personal injury," "advertising injury" and medical expenses arising out of: 1. The ownership, maintenance or use of the prem- ises shown in the Schedule and operations neces- sary or incidental to those premises; or 2. The project shown in the Schedule. - * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declara- tions. BP 04 1201 87 Çopyright, Insurance Services Office, Inc., 1985 o '-' 03638 ..., AMERICAN SUMMIT INSURANCE CO:MP ANY STATE OF FLORIDA This endorsement fonns part of the pollcy to which attached, effective on the inception date of the polley unless otherwise stated herein. Tbe following information is required only when this endorsement is issued subsequent to the preparation of the pollcy. Effective Date PolicY No. MPAI00030 Named Insured Tradewinds Mobile Home PRrk nRA TrRr1pwtnds MHP - Countersigned by: ~..o Autho Agent ANIMAL EXCLUSION In consideration of premium charged, it is agreed that coverage afforded by this policy does not apply to: 1. Any injury to, or destruction of, any animal, regardless of how the injury or destruction occurs, or; 2. Any injury or damage caused by any animal, owned or in the care of the insured, or, 3. Any injury or damage caused by any animal owned by residents of an insured, stray animals, or animals of guests of park residents. It is also agreed that the company is not obligated to defend any such claim or suit. AS 700180 (ED. 9/96) (HO-S, HO-3, H0-2 and Estates Policies) " '~ EXHIBIT "G" ...., ¡l(, .....,. W'f/ LEASE ?-)(31:::EEt'1ENT TRADEWINDS MOBILE HOME PARK - 230 Savannah Road Fort Pierce, Florida 34982 THIS LEASE made and E?nten~d into on th£~ ..2~! day of 'lJ~QI.1.cÞ /0'1(.7 19__, by and between TRADEWINDS MOBILE HOME PARK, hereinafter referred to as "landlord", and ~d..L?J..~~r...:,--_Æ-£.-k~:11!~~¿_ herei naof ter ref err ed to as "Tenant"; WITNESSETH: , 1. That in consi derati on oof tl1e rent, covenants, and agreements to be kept and performed by Tenant hereunder, Landlord demised to Tenant and Tenant leases from Landlord the premises subject to the terms and conditions as hereinafter set forth. 2. It is specifically understood and agreed by and between the parties hereto that this Lease Agreement is governed by the Florida Statutes. 3. Landlord hereby leases to Tenant for installation thereon oof Tenant's mobile hom~, °that proper-ty d~scribed as: _i11~1L_-=-__..L-L_i__ _ .=-1~/¿!!~<-Iu~?:. «<2.~ ?t:::b./.1. 3.i:/(£._ 2g ¿!L _-=...!:Lt:..j_YL< 0 TO BE OCCUPIED SOLELY as a ~ivate single family dwelling only ~y Tenant, and Tenant·s family consisting of __l__ adult(s). In no event shall the number of occupants exceed that permitted by this Agroeement, Rules and Regulations of the Foark, or {':¡pplicable Laws. It is hereby acknowledged that this is an adult only mobile home park and adults are defined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any calendar year. 4. The term of this lease shall be for ë\ period of __t;.i2!Q_, commencing on the _2___ day ooF/¡tJ2c:.~4r} 191.Þ; .The rental °For said term shall be the sum of _____________.,t_Z_~__t.:..~J.o.!.~OLLARS ($LZi:12a.) , payable as follows: McBee's Inc. at 1801 South Indian River Drive, Ft. Pierce, Fl 34950 or to their assigned representative and is payable in monthly installments on the first day of each month in advance. A I ate charge of ten percent (10 '/.) wi 11 be charged for rent põ.Üd after the fifth day of the month, e::cept when the fifth day falls on Sunday or other legal holiday, then the rent shall be paid not later than the sixth day of the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additional period of six months and for additional six monfþ periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to va~ate the premises. Rental for the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of rental for any e}:tended term by gi vi ng the Tenant written noti!:e not le'ss than Ninety (90) days proior to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease '-" ......, page 2. unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the eHpiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and utilities: Landlord shall provide water ¡and sewer service; all other Lltilities and service~:. shall be pë.Üd for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are covenants and provisions of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part thereof, or assign this Lease Agreement. Any party purr.:hasin9 a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or state Law or local ordinance which violation may be deemed detrimental to the health, safety or welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received"written notice of the grounds upon which he/she is to be evicted at least thirty (30) day!:; pricw to the date he/she i!5 to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. " 12. The parties agree that, if tl'e Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will deliver written notice of the grounds on / which the Tenant is to vacáte the Premises. 13. If the Tenant shall f.":\il to pay the n:mt specifi("~d herein at the time and manner stated, or fails to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees ~ """ page '_'. to pay all costs, expenses, and reasonable attorneys' fees which shall be incurred or expended by the Landlord. 14. Attorneys' FE~es: In the en+orcement of the terms o'F this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court costs incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee's Inc., c/o Bernard W. Mc8ee,Jr., 1801 South Indian River Drive, Ft. Pierce, FI 34950. Any notice'by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by posting the notice on the door of Tenant·s mobile home. 16. The rightn of the Landlord contained herein are cumulative and failure of the Landlord to exercise any right shall not operate to forfeit any other rights of the Landlord. No waiver by the Landlord of any condition or covenant shall be deemed to constitute or in any way imply a furtt,er waiver of any other condition or covenant. Tenant acknm..¡l edges that he has read and understands the foregoing and hereby acknowledges the receipt of a copy thereof. Signed, sealed and delivered in the presence of: TRADEWINDS MOBILE HOME PARK ~~-------- By ------------------------- "Landlonj" --------------------------- ------------------------ _2.j~~~~ç._!lJ:d~~ "Tenant" ./ '-" ...., LEASE AGF:EEr'1EI\IT TRADEWINDS MOBILE HOME PARK 230 Savannah Road Fort Pierce, Florida 34982 Of~ THIS LEASE made and Emten~d in~o on thE~ _1.5.-: day o~ ~-\-. 19..::U by and between TRADEWINDS MO~ILE HOlvlE F'ARK,. .tïeq:lnafter r-eferred to as "landlord", and -4~~_ffi~~~_- hereinafter referred to as "Tenant"; (j WITNESSETH: 1. That in consideration of the rent, covenants, and agreements to be kept and performed by Tenant hereunder, Landlord demi sed to Tenant and Tenant. I eë\SeS from Landlord the premi ses subject to the terms and conditions as hereinafter set forth. 2. It is specifically understood and agreed by and between the parties hereto that this Lease Agreement is governed by the Florida Statutes. 3. Landlord hereby leases to Tenant far installation thereon qf Tenant's mob~le home, that property described as: __§LÒy__~~~ol~_h~_t_~_----------------------------- TO BE OCCUPIED SOLELY as a private single family dwelling only by Tenant, and Tenant·s family consisting of __~__ adult(s). In no event shall the number of occupants exceed that permitted by this Agreement, Rules and Regulations of the Park, or Applicable Laws. It is hereby acknowledged that this is an adult only mobile home park and adults are defined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any calendar year. 4. The term of this lease shall be for a period of ~~~ commencing an the __1..5..._ day o·f ~,19~. ~he ren·tal ·for said term shall be the sum of ~~~L...¿y_DOLLARS (-$_U_!i.:....) , payable as follows: McBee's Inc. at 18(qrSouth Indian River Drive, Ft. Pierce, FI 34950 or to their assigned representative and is payable in monthly installments on the first day of each month in advance. A late charge of ten percent(10 %) will be charged for rent paid after the fifth day of the month, except when the fifth day falls on Sunday or ather legal holiday, then the rent shall be paid not later than the sixth day of the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended ,far an additional period of six months and far additional six moAth periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to vacate the premises. Rental far the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of rental far any extended term by giving the Tenant written notice not less than Ninety(90) days prior to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease '-' ....., page 2. unless the Tenant shall advise the Landlord In writing thirty(30) days prior to the expiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and Utilities: Landlord shall provide water and sewer service; all other utilities and services shall be paid for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for e~iction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are covenants and provisions of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implem~ntation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part thereof, or assign this Lease Agreement. Any party purchasinc;¡ a mobile home loc¿~ted on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance which violation may be deemed detrimental to the health, safety or welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will deliver written notice of the grounds on which the Tenant is to vacate the Premises. 13. If the Tenant shall fail to pay the rent specified herein at the time and manner stated, or fails' to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees '-' ....., page 3. - to pay all costs, expenses, and reasonable attorneys' fees which shall be incurred or expended by the Landlord. 14. Attorneys' Fees: In the enforcement of the terms of this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court costs incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee's Inc., c/o Bernard W. McBee,Jr., 1801 South Indian River Drive, Ft. Pierce, Fl 34950. Any notic~ by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by posting the notice on the door of Tenant's mobile home. 16. The rights of the Landlord contained herein are cumulative and failure of the Landlord to exercise any right shall not operate to forfeit any other rights of the Landlord. No waiver by the Landlord of any condition or covenant shall be deemed to constitute or in any way imply a further waiver of any other condition or covenant. Tenant acknowledges that he has read and understands the foregoing and hereby acknowledges the receipt of a copy thereof. /) /J c:i' /' _¿~-4'it-\J_~~~--- TRïßJO . S,MOBILE HOI"Is./'PARK I / ..tj! 1 -j"~ . I. . ! ,Ii 4 ,. B .. / ... '- . y -'-t- A~~~df~;d~r- 7 . Signed, sealed and delivered in the presence of: --------------------------- _:JI\.~-bt~·- ------------------------ "Tenant" .. '-" "'" RULES AND REGULATIONS TRADEWINDS MOBILE HOME PARK 1. ADULTS ONLY. of age. II {-ìdul ts" are de·f i ned as peJ~sorls over 18 years 2. Occupants must register at the office upon arrival ln the PARK. All guests staying in a mobile home must be registered with the PARK MANAGER. No guests may stay over fifteen(15) consecutive days, or thirty(30) total days per year ' unless such person has the permission of the PARK management. 3. ,The rent is due in advance on the first of each month and shall be paid in full no later than the fifth. A late charge of 10% shall be charged for rent paid after the fifth day of the month except when the fifth day falls on Sunday or a legal holiday, then rent shall be paid not later than the sixth day of the month to avoid late penalty charge. 4. Reasonable quiet should be maintained at all times, especially from 10:00 P.M. until 8:00 A.M.. Any undue noise after 10:00 P.M. will not be tolerated. Each tenant has the obligation to allow their neighbors to live in peace and tranquility, keeping the radio, record player, T.V., voice and other sounds at a moderate level at all times. No drunkenness outside the mobile ~ome or vulgar language is allowed in the PARK at any time. 5. Mobile home owners have the responsibility to maintain the lot they occupy and all parts thereof in good condition and repair. They are also responsible for taking care of their flowers and trimming of their shrubs regularly. Otherwise, it will be done by the management and charged to the mobile home (:>wner. 6. No addition of any kind will be added to a mobile home or lot withdut permission from the owner of the PARK. 7. Please obey the speed limit. Eight miles per hour or less must be maintained at all times. No parking of vehicles on the street at any time. Vehicle disassembly and repair is prohibited in the PARK. 8. Mobile home owners a~& responsible for the actions of guests and to sef.~ that proper" COndL\ct with r'espe(:t for park rules prevails. 9. Conducting a business of any kind is not permitted in the PARK. '-" """ page 2. 10. In the event of sale of any mobile home, the purchaser must get approval from the PARK owner in writing in order to have the mobile home remain on its present site. Such approval shall not be unreasonably withheld upon the application on a form approved by the PARK owner being submitted to the office of the PARK. 11. NO SUB-LEASING OR SUB-RENTING of mobile home or space is permitted. 12. PLEASE get permission from the management before planting any tree or shrub, in order to prevent damage to underground L\ t i 1 i tie s . 13. No laundry will be allowed to be hung around the mobile home or patio. You should use the clothes lines in the yard or the approved umbrella type as permitted by the owner. There shall be no privately owned washers or dryers except those already approved and those shall not be replaced upon their demise and cannot be transferred with the sale of the mobile home. - 14. There will be no pets admitted to the park unless special permission is given by the owner of the PARK. 15. The management is not responsible for any valuables or other articles left on the property of the PARK; nor is it responsible for damage by fire or other elements; nor damage to furniture, automobiles, mobile home or personal belongings of the Tenant, or for theft of any other item whether described here-in or not. 16. The Tenant assumes all risks of any kind, whether relating to property or person in connection with the occupancy of their rented lot. 17. Any complaints or recommendations should be made to the Park Owner in writing. 18. Park owner reserves the right to evict a mobile home or mobile home owner for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance, which violation may be detrimental to the health, safety or welfare of the dwellers in the mobile home park; violation of any reasonable rule or regulation established by the PARK OWNER or operator, provided the mobile home owner receives written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is required to vacate. '. '-' ....., page 3. 19. All mobile homes must have unde~ski~ting of eithe~ aluminum o~ mason~y as app~oved by the PARK OWNER C~ ope~ator within thi~ty(30) days of being set up in the PARK, and all mobile homes must be maintained in a safe and att~active repair, including exterior painting to prese~ve the beauty of the PARK and to maintain the value of the homes the~ein. 20. All ga~bage o~ t~ash containe~s a~e to be kept in the ~ear of the mobile home as inconspicuous as possible. Howeve~, containers must be moved tó the outside of park driveway for collection then returned to the ~ea~. 21. These rules may be amended o~ changed in writing, and upon thei~ being posted in a conspicuous place in the pa~k, and delive~ed to the residents. The pu~pose of these rules is solely to make living in TRADEWINDS MOBILE HOME PARK an enjoyable experience and to assist each home owne~ in maintaining the value of his/he~ mobile home. ------------------------------------------------------------------- I have ~ead and abide by same. received a copy of the above ~ules and ag~ee to DATE _~~_L~_~g-~------ ili~.Ø-_ll~:. (SEAL) ( ~3EAL) ------------------- ,. '. ~ '-' LEASE AGREEI'1EI\IT TRADEWINDS MOBILE HOME PARK 230 Savannah Road Fort Pierce, Florida 34982 THIS LEASE made and E:?ntered into on thE~ J~-- day of _.:1_, 19__, by and between TRADEWINDS MOBI}-ft HOlvlE ~RK, hereinafter re.ferred to as "l andl ord" , and .;.._L.{'S-h~~i;...~_k-tQ~~--------- herei na'fter referred to as "Tenant"; WITNESSETH: . 1. That in consideration of the rent, covenants, and agreements to be kept and performed by Tenant hereunder, Landlord demised to Tenant and Tenant. leases from Landlord the premises subject to the terms and conditions as hereinafter set forth. 2. It is specifically understood and agreed by and between the parties hereto that this Lease Agreement is governed by the Florida Statutes. ~. Landlord hereby l2ases to Tenant for installation thereon of Tenant's mobile home, that property described as: _____________~I--~L-------------------------------------------- TO BE.OCCUPIED SOLELY as a private single family dwelling only by Tenant, and Tenant's family consisting of _L__ adult(s). In no event shall the number of occupants exceed that permitted by this Agreement, Rules and Regulations of the Park, or Applicable Laws. It is hereby acknowledged that this is an adult only mobile home park and adults are defined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short ter-m visitors, not e::ceeding thir-ty(30) d<.\Ys in any calendar year. 4. The term of this lease sh¿ll be fo!:-a period of {g.!::~~ commencing on the [j___ day of __.J.__, 19:í5- The rental ·for said term shall be the sum of _Q.o.f-_§-=-j¿!:~í.':L-fLu_~--__-_-DOLLARS ($l~~) , payable as follows: McBee's Inc. at 1801 South Indian River Drive, Ft. Pierce, Fl 34950 or to their assigned representative and is payable in monthly installments on the first day of each month in advance. A late charge of ten percent(10 %) will be charged for rent paid after the fifth day of the month, except when the fifth day falls on Sunday or other legal holiday, then the rent shall be paid not later than the sixth day of the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additional period of six months / and for additional six mohth periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to vacate the premises. Rental for the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of rental for any extended term by giving the Tenant written lìc,ti<:e not le~::.s than Ninety(90) days pr-ior to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease '-' '-' page 2. unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the expiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and utilities: Landlord shall provide water and sewer service; all other utilities and services shall be paid for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attachEd thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are covenants and provisions of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part thereof, or assign this Lease Agreement. Any party purchasing a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance which violation may be deemed detrimental to the health, safety or welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty (30) day!:; prior- to ttìe date lìe/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will deliver written notice of the grounds on which the Tenant is to vacate the Premises. 13. If the Tenant shall fail to pay the rent specified herein at the time and manner stated, or fails to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees ", '-" '-' page 3. to pay all costs, expenses, and reasonable attorneys' fees which shall be incurred or expended by the Landlord. 14. Attorneys' Fees: In the enforcement of the terms of this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court costs incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee's Inc., cia Bernard W. McBee,Jr., 1801 South Indian River Drive, Ft. Pierce, Fl 34950. Any notice' by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by posting the notice on the door of Tenant's mobile home. 16. The rights of the Landlord contained herein are cumulative and failure of the Landlord to exercise any right shall not operate to forfeit any other rights of the Landlord. No waiver by the Landlord of any condition or covenant shall be deemed to constitute or in any way imply a further waiver of any other condition or covenant. Tenant acknowledges that he has read and foregoing and hereby acknowledges the receipt of understands the a copy ther-eof. Signed, sealed and delivered in the presence of: TF\A~DS MOB I~.7 Hot'IE F'ARf::: B 0UW(>/~ y - --------------------- (/ "Land I or-d" ------- --------------------------- ------------------------ ./ ~~., ___~~~{~~~¿~~~~~2C~~~~~ II Tenan-t t~. ........... '. '-' \wi RULES AND REGULATIONS TRADEWINDS MOBILE HOME PARK 1. ADULTS ONLY. of agE.~. "¡:"ìdults" are defined as persons over- 18 years 2. Occupants must register at the o'ffice upon a~rival In the PARK. All guests staying in a mobile home must be registered with the PARK MANAGER. No guests may stay aver fifteen(15) consecutive days, or thirty(30) total days per year unless such person has the permission of the PARK manag('?ment. ~. The rent is due in advance on the first of each month and shall be p~id in full no later than the fifth. A late charge of 10% ~hall be charged for rent paid after the fifth day of the month except when the fifth day falls on Sunday or a legal holiday, then rent shall be paid not later than the sixth day of the month to avoid late penalty charge. 4. Reasonable quiet should be maintained at all times, especially from 10:00 P.M. until 8:00 A.M.. Any undue noise after 10:00 P.M. will not be tolerated. Each tenant has the obligation to allow their neighbors to live in peace and tranquility, keeping the radio, record player, T.V., voice and ather sounds at a moderate level at all times. No drunkenness outside the mobile home or vulgar language is allowed in the PARK at any time. 5. Mobile home owners have the responsibility to maintain the lot they occupy and all parts thereof in good condition and repair. They are also responsible for taking care of their flowers and trimming of their shrubs regularly. Otherwise, it will be done by the management and charged to the mobile home CJwner. 6. No addition of any kind will be added to a mobile home or lot without permission from the owner of the PARK. 7. Please obey the speed limit. Eight miles per hour or less must be maintained at all times. No parking of vehicles on the street at any time. Vehicle disassembly and repair is prohibited in the PARK. 8. Mobile home owners ar~ responsible far the actions of guests and to see that proper conduct with respect for park rules prevails. 9. Conducting a business of any kind is not permitted in the PAR~< . '. \wi '-' page 2. 10. In the event of sale of any mobile home, the purchaser must get approval from the PARK owner in writing in order to have the mobile home remain on its present site. Such approval shall not be unreasonably withheld upon the application on a form approved by the PARK owner being submitted to the office of the PARK. 11. NO SUB-LEASING OR SUB-RENTING of mobile home or space is pel'-mi tted. 12. PLEASE get permission from the management before planting any tree or shrub, in order to prevent damage to underground utilities. 1~ ...:;. . No laundry will be allowed to be hung around the mobile home or patio. You should use the clothes lines in the yard or the approved umbrella type as permitted by the owner. There shall be no privately owned washers or dryers except those already approved and those shall not be replaced upon their demise and cannot be transferred with the sale of the mobile home. 14. There will be no pets admitted to the park unless special permission is given by the owner of the PARK. 15. The management is not responsible for any valuables or other articles left on the property of the PARK; nor is it responsible for damage by fire or other elements; nor damage to furniture, automobiles, mobile home or personal belongings of the Tenant, or for theft of any other item whether described here-in or not. 16. The Tenant assumes all risks of any kind, whether relating to proper-ty or per-son in connection with the occupancy of their rented lot. 17. Any complaints or recommendations should be made to the Park Owner in writing. 18. Park owner reserves the right to evict a mobile home or mobile home owner for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance, which violation may þe detrimental to the health, safety or welfare of the dwellers in the mobile home park; violation of any reasonable rule or regulation established by the PARK OWNER or operator, provided the mobile home owner receives written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is required to vacate. " '-" 'wi page 3. 19. All mobile homes must have underskirting of either aluminum or masonry as approved by the PARK OWNER or operator within thirty(30) days of being set up in the PARK, and all mobile homes must be maintained in a safe and attractive repair, including exterior painting to preserve the beauty of the PARK and to maintain the value of the homes therein. 20. All garbage or trash containers are to be kept in the rear of the mobile home as inconspicuous as possible. However, containers must be moved to the outside of park driveway for collection then returned to the rear. 21. These rules may be amended or changed in writing, and upon their being posted in a conspicuous place in the park, and delivered to the residents. The purpose of these rules is solely to make living in TRADEWINDS MOBILE HOME PARK an enjoyable experience and to assist each home owner· in maintaining the value of his/her mobile home. ------------------------------------------------------------------ I have read and abide by same. received a copy of the above rules and agree to DATE \.. 1 .__ I ~-I _' ~ / r j __~--~J---~-~----- ,./;'1-r../V~'¿"1...· ('<- ./2-~EAL) ---- -- - - ---- ;.:- --..7-- . , ( S I::: AL ) --------------------- '. '-' 'wi LEASE AC31iEEr'1ENT TRADEWINDS MOBILE HOME PARK 230 Savannah Road Fort Pierce, Florida 34982 THIS LEASE made and enterE~d into on thE~ 2___ day o.çQQ.-6:., 19__, by and between TRADEWINDS MOBIL,JF: HOlvlE F5RK, here~fter referred to as "landlord", and J]'dJh::--Jtl_~------- hereinafter referred to as "Tenant"; WITNESSETH: 1. That in consideration of the rent, covenants, and agreements to be kept and performed by Tenant hereunder, Landlord demised to Tenant and Tenant. leases from Landlord the premises subject to the terms and conditions as hereinafter set forth. 2. It is specifically understood and agreed by and between the parties hereto that this Lease Agreement is governed by the Florida Statutes. 3. Landlord hereby leases to Tenant for installation ~~~_:~-=:=:=~~:_::~~~:_::::~-~::~-~=:~:=~~-~:::=~~:~_::~----- TO BE OCCUPIED SOLELY as a private single family dwelling only by Tenant, and Tenant's fami 1 y consi sti ng of _.L__ adul·t (s). In no event shall the number of occupants exceed that permitted by this Agreement, Rules and Regulations of the Park, or Applicable Laws. It is hereby acknowledged that this is an adult only mobile home park and adults are defined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any calendar year. 4. The term of this lease shall be for a period of -------, commencing on the _-2___ day ofQ<::t..-t:__, 19'75.-' The rental '~or sc.Üd term shall be the sum o~~~~ßd_~~~~&~~~___DOLLARS(~60~~)' payable as follows: McBee's Inc. at 1801 South Indian River Drive, Ft. Pierce, Fl 34950 or to·their assigned representative and is payable in monthly installments on the first day of each month in advance. A I ate charge of ten percent (10 'l.) wi 11 be charged for rent paid after the fifth day of the month, except when the fifth day falls on Sunday or other legal holiday, then the rent shall be paid not later than the sixth day of the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additional period of six months and for additional six month periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to vacate the premises. Rental for the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of rental for any extended term by giving the Tenant written notice not less than Ninety(90) days prior to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease - '-" "-wI page 2. unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the expiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and Utilities: Landlord shall provide water and sewer service; all other utilities and services shall be paid for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are c~venants and provisions of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part thereof, or assign this Lease Agreement. Any party purchasing a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Re~ulations. t 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance which violation may be deemed detrimental to the health, safety or welfare of ether dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will ðeliver written notice of the grounds on which the Tenant is to vacate the Premises. 13. If the Tenant shall fail to pay the rent specified herein at the time and manner stated, or fails to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant . hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees " '-" '-..I page '_'. to pay all ~osts, expenses, and reasonable attorneys' fees which shall be in~urred or expended by the Landlord. 14. Attorneys' Fees: In the enforcement of the terms of this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court costs incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee's Inc., c/o Bernard W. M~Bee,Jr., 1801 South Indian River Drive, Ft. Pierce, FI 34950. Any notic~ by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by posting the noti~e on the door of Tenant's mobile home. 16. The rights of the Landlord contained herein are cumulative and failu~e of the Landlord to exercise any right shall not operate to forfeit any other rights of the Landlord. No waiver by the Landlord of any condition or covenant shall be deemed to constitute or in any way imply a further waiver of any other condition or covenant. Tenant acknowledges that he has read and understands the foregoing and hereby acknowledges the receipt of a copy thereof. Signed, sealed and delivered in the presence of: ~S~------- TR:$D NDS MOB I LE Hot'IE PPIFW: By _ _ M~1l1~_~~- "Land 1 or-¡j" --------------------------- ------------------------ ~-2tt---£~ "Tenant" - -- ~ --- - \wi ...", RULES AND REGULATIONS TRADEWINDS MOBILE HOME PARK 1. ADULTS ONLY. of age. "{·~dults" are definE.'d ë\S per-sons over 18 years 2. Occupants must register at the o'ffice upon arrival in the PARK. All guests staying in a mobile home must be registered with the PARK MANAGER. No guests may stay over fifteen(15) consecutive days, or thirty(30) total days per year unless such person has the permission of the PARK management. 3. The rent is due in advance on the first of each month and shall be paid in full no later than the fifth. A late charge bf 10% shall be charged for rent paid after the fifth day of the month except when the fifth day falls on Sunday or a legal holiday, then rent shall be paid not later than the sixth day of the month to avoid late penalty charge. 4. Reasonable quiet should be maintained at all times, especially from 10:00 P.M. until 8:00 A.M.. Any undue noise after 10:00 P.M. will not be tolerated. Each tenant has the obligation to allow their neighbors to live in peace and tranquility, keeping the radio, record player, T.V., voice and other sounds at a moderate level at all times. No drunkenness outside the mobile home or vulgar language is allowed in the PARK at any time. 5. Mobile home owners have the responsibility to maintain the lot they occupy and all parts thereof in good condition and repair. They are also responsible for taking car~ of their flowers and trimming of their shrubs regularly. Otherwise, it will be done by the management and charged to the mobile home CJwner. 6. No addition of any kind will be added to a mobile home or lot without permission from the owner of the PARK. 7. Please obey the speed limit. Eight miles per hour or less must be maintained at all times. No parking of vehicles on the street at any time. Vehicle disassembly and repair is prohibited in the PARK. 8. Mobile home owners a~~ responsible for the actions of guests and to see that proper conduct with respect for park rules prevails. 9. Conducting a business of any kind is not permitted in the PARK. '-" ,...", page 2. 10. In the event of sale of any mobile home, the purchaser must get approval from the PARK owner in writing in order to have the mobile home remain on its present site. Such approval shall not be unreasonably withheld upon the application on a form approved by the PARK owner being submitted to the office of the PARK. 11. NO SUB-LEASING OR SUB-RENTING of mobile home or space is penni tted. 12. PLEASE get permission from the management before planting any tree or shrub, in order to prevent damage to underground utilities. 13. No laundry will be allowed to be hung around the mobile home or patio. You should use the clothes lines in the yard or the approved umbrella type as permitted by the owner. There shall be no privately owned wa~hers or dryers except those already approved and those shall not be replaced upon their demise and cannot be transferred with the sale of the mobile home. 14. There will be no pets admitted to the park unless special permission is given by the owner of the PARK. 15. The management is not responsible for any valuables or other articles left on the property of the PARK; nor is it responsible for damage by fire or other elements; nor damage to furniture, automobiles, mobile home or personal belongings of the Tenant, or for theft of any other item whether described here-in or not. 16. The Tenant assumes all risks of any kind, whether relating to property or person in connection with the occupancy of their rented lot. 17. Any complaints or recommendations should be made to the Park Owner in writing. 18. Park owner reserves the right to evict a mobile home or mobile home owner for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance, which violation may be detrimental to the health, safety or welfare of the dwellers in the mobile home park; violation of any reasonable rule or regulation established by the PARK OWNER or operator, provided the mobile home owner receives written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is required to vacate. ~ '-' page .:"'. 19. All mobile homes must have underskirting of either aluminum or masonry as approved by the PARK OWNER or operator within thirty(30) days of being set up in the PARK, and all mobile homes must be maintained in a safe and attractive repair, including exterior painting to preserve the beauty of the PARK and to maintain the value of the homes therein. 20. All garbage or trash containers are to be kept in the rear of the mobile home as inconspicuous as possible. However, containers must be moved to the outside of park driveway for collection then returned to the rear. - 21. These rules may be ameQded or changed in writing, and upon their being posted in a conspicuous place in the park, and deliv~red to the residents. The purpose of these rules is solely to make living in TRADEWINDS MOBILE HOME PARK an enjoyable experience and to assist each home owner in maintaining the value of his/her mobile home. ----------------------------------------------------------------- I have read and received a copy of the above rules and agree to abide by same. DATE 9 ^ ~ ;t , /1- L 97 j- ~":::._----- ----- , j;;?:.¿a...._?1L.~ (S·EAL) (SEAL) ------------------- · " '-' "-'" LEASE AC31:-':EEr'1EI\JT TRADEWINDS MOBILE HOME PARK 230 Savannah Road Fort Pierce, Florida 34982 THIS LEASE made and enter€~d into on thE~ Æ/OcJ day of ISI- 19j~, by and between TRADEl.JINDS MOBILE HOlvlE P~RK, herein;ft;;;~ referred to as "landlord", and ~T¡ø..ò_+_~__~!~q_______________ hereinafter referred to as "Tenant"; WITNESSETH: 1. That in considerati~n of the rent, covenants, and agreements to be kept and performed by Tenant hereunder, Landlord demised to Tenant and Tenant. leases from Landlord the premises subject to the terms and conditions as hereinafter set forth. 2. It is specifically understood and agreed by and between the parties hereto that this Lease Agreement is governed by the Florida Statutes. 3. Landlord hereby leases to Tenant for installation ther-eon of Tenant·~ mo/:;,i lephome, that proper-ty described as: ~lQ__~~~ªD~~~__e_____~__L~~~_J:0__J_~ig~______________________ TO BE OCCUPIED SOLELY as a private single family dwelling only by Tenant, and Tenant·s family consisting of _____ adult(s). In no event shall the number of occupants exceed that permitted by this Agreement, Rules and Regulations of the Park, or Applicable Laws. It is hereby acknowledged that this is an adult only mobile home park and adults are defined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any calendar year. 4. The term of this lease shall be for a period of ~~~:/:.!1, commencing on the ./J.¡Ql.L- day of Jrt_ ,19jf. The rental 'For said term shall be the sum of _º~..!_I!J.¿~clL(¿_q,~ø_l..f...U..!~i. DOLLARS ($1J.I"..:...(¿...G , payable as follows: McBee's Inc. at 180~~th Indian River Drive, Ft. Pierce, Fl 34950 or to their assigned representative and is payable in monthly installments on the first day of each month in advance. A late charge of ten percent(10 %) will be charged for rent paid after the fifth day of the month, except when the fifth day falls on Sunday or other legal holiday, then the rent shall be paid not later than the sixth day of the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additional period of six months and for additional six mon~h periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to vacate the premises: Rental for the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of rental for any extended term by giving the Tenant written notice not less than Ninety(90) days prier to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease '-' '-II page 2. unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the expiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and Utilities: Landlord shall provide water and sewer service; all other utilities and services shall be paid for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are covenants and provisions of this Lease and ar-e reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part thereof, or assign this Lease Agreement. Any party purchasing a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance which violation may be deemed detrimental to the health, safety or welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will deliver written notice of the grounds on which the Tenant is to vacate the Premises. 13. If the Tenant shall fail to pay the rent specified herein at the time and manner stated, or fails· to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees '-' "'" p age 0_" to pay all costs, expenses, and reasonable attorneys' fees which shall be incurred or expended by the Landlord. 14. Attorneys' Fees: In the enforcement of the terms of this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court costs incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee's Inc., c/o Bernard W. McBee,Jr., 1801 South Indian River Drive, Ft. Pierce, FI 34950. Any notice'by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by posting the notice on the door of Tenant's mobile home. 16. The rights of the Landlord contained herein are cumulative and failure of the Landlord to exercise any right shall not operate to forfeit any ather rights of the Landlord. No waiver by the Landlord of any condition or covenant shall be deemed to constitute or in any way imply a further waiver of any other condition or covenant. Tenant acknowledges that he has read and foregoing and hereby acknowledges the receipt of understands the a copy ther-eof. Signed, sealed and delivered in the presence of: --------------------------- NDS MOBILE HOME PARK -----~-- "Land I or-¡j" --------------------------- ------------------------ c- {'¡ n __~L~I.:l~__Pi4.l~--------- "Tenant" .- ~ -..."I RULES AND REGULATIONS TRADEWINOS MOBILE HOME PARK 1. ADULTS ONLY. of age. 1?~dL\lts" are de·fined as pel'·sons over·· 18 years 2~ Occupants mus't ~egister a·t 'ttle o·f·fice upon arrival In ·tt')e PARK. All guests staying in a mobile home must be registered with the PARK MANAGER. No guests may stay over fifteen(15) consecutive days, or thirty(30) total days per year unless such person has the permission of the PARK management. ~. The rent is due in advance on the first of each month and shall be paid in full no later than the fifth. A late charge of 10% shall be charged for rent paid after the fifth day of the month except when the fifth day falls on Sunday or a legal holiday, then rent shall be paid not later than the sixth day of the month to avoid late penalty charge. 4. Reasonable quiet should be maintained at all times, especially from 10:00 P.M. until 8:00 A.M.. Any undue noise after 10:00 P.M. will not be tolerated. Each tenant has the oblidation to allow their neighbors to live in peace and tranquility, kgeping the radio, record player, T.V., voice and other sounds at a moderate level at all times. No drunkennes~ outside the mobile home or vulgar language is allowed in the PARK at any time. 5. Mobile home owners have the responsibility to maintain the lot they occupy and all parts thereof in good condition and repair. They are also responsible for taking care of their flowers and trimming of their shrubs regularly. Otherwise, it will be done by the management and charged to the m6bile home (::)wner. 6. No addition of any kind will be added to a mobile home or lot without permission from the owner of the PARK. 7. Please obey the speed limit. Eight miles per hour or less must be maintained at all times. No parking of vehicles on the street at any time. Vehicle disassembly and repair is prohibited in the PARK. 8. Mobile home owners a~è responsible for the actions of guests and to see that proper conduct with respect for park rules prevails. 9. Conducting a business of any kind is not permitted in the PARK. '-" c...l page 2. 10. In the event of sale of any mobile home, the purchaser must get approval from the PARK owner in writing in order to have the mobile home remain on its present site. Such approval shall not be unreasonably withheld upon the application on a form approved by the PARK owner being submitted to the office of the PARK. 11. NO SUB-LEASING OR SUB-RENTING of mobile home or space is permitted. 12. PLEASE get permission from the management before planting any tree or shrub, in order to prevent damage to underground utilities. 13. No laundry will be allowed to be hung around the mobile home or patio. You should use the clothes lines in the yard or the approved umbrella type as permitted by the owner. There shall be no privately owned washers or dryers except those already approved and those shall not be replaced upon their demise and cannot be transferred with the sale of the mobile home. 14. There will be no pets admitted to the park unless special permission is given by the owner of the PARK. 15. The management is not responsible for any valuables or other articles left on the property of the PARK; nor is it responsible for damage by fire or other elements; nor damage to furniture, automobiles, mobile home or personal belongings of the Tenant, or for theft of any other item whether described here-in or not. 16. The Tenant assumes all risks of any kind, whether relating to property or person in connection with the occupancy of their rented lot. 17. Any complaints or recommendations should be made to the Park Owner in writing. 18. Park owner reserves the right to evict a mobile home or mobile home owner for nonpayment of rent; conviction of a violation of some Federal or State Law or local" ordinance, which violation may b~ detrimental to the health, safety or welfare of the dwellers in the mobile home park; violation of any reasonable rule or regulation established by the PARK OWNER or operator, provided the mobile home ow~er receives written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is required to vacate. '-' '-' p age '_'. 19. All mobile homes must have underskirting of either aluminum or masonry as approved by the PARK OWNER or operator within thirty(30) days of being set up in the PARK, and all mobile homes must be maintained in a safe and attractive repair, including exterior painting to preserve the beauty of the PARK and to maintain the value of the homes therein. 20. All garbage or trash containers are to be kept in the rear of the mobile home as inconspicuous as possible. However, containers must be moved to the outside of park driveway for collection then returned to the rear. 21. These rules may be amended or changed in writing, and upon their being posted in a conspicuous place in the park, and delivered to the residents. The purpose of these rules is solely to make living in TRADEWINDS MOBILE HOME PARK an enjoyable experience and to assist each home owner in maintaining the value of his/her mobile home. - ------------------------------------------------------------------ I have read and abide by same. received a copy of the above rules and agree to DATE ------------------ ç-. . L a"f~.J]}l~l1-:cx..---- ( SEAL) 7;;'Z;;:j7A~~ r Á (SEAL) ~~~~~ '. -' '-' '-" LEASE AGREEI"1EI\IT TRADEWINDS MOBILE HOME PARK - 230 Savannah Road Fort Pierce, Florida 34982 .-THIS LEASE made and E-~nterE~d into on "thE~ }... 3 day of ~ 19E£), by and between TRADEWINDS MOBILE HOl1E \F'~R~after referred to as "landlord", and _d~~-...r::-r--------------- hereinafter re"ferred to as "Tenant"; WITNESSETH: 1. That in considerati6n of the rent, covenants, and agreements to be kept and performed by Tenant hereunder, Landlord demised to Tenant and Tenant" leases from Landlord the premises subject to the terms and conditions as hereinafter set forth. 2. It is specifically understood and agreed by and between the parties hereto that this Lease Agreement is governed by the Florida Statutes. 3. Landlord hereby leases to Tenant for installation ~::=::=_::_~:=:~~:~~~:::~-~::~_:=:::=~~-~:::=~~:~_::~----- TO BE OCCUPIED SOLELY as a private single family dwelling only by Tenant, a"nd Tenant's family consisting of J___ adultCs). In no event shall the number of occupants exceed t~at permitted by this Agreement, Rules and Regulations of the Park, or Applicable Laws. It is hereby acknowledged that this is an adult only mobile home park and adults are defined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any calendar year. ( 4. The term of this lease shall be for a period of \e_~2_~, comrnenc i ng on the _lO-l_ day o"f ec..L:-, - ï 9"Q.Y -])"1e rental for _so,=\i d term shall be the sum of ~-B~Ñ~_~-:",~DOLLARS c$i/:L~~.::£;# , payable as follows: McBee's Inc. at 1801 South Indian River Drive, Ft. Pierce, Fl 34950 or to "their assigned representative and is payable in monthly installments on the first day of each month in advance. A late charge of ten percentC10 %) will be charged for rent paid after the fifth day of the month, except when the fifth day falls on Sunday or other legal holiday, then the rent shall be paid not later than the sixth day of the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additional period of six months and for additional six monfh periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to vacate the premises. Rental for the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of rental for any extended term by giving the Tenant written notice not less than Ninety(90) days prior to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease " '-' ....., page 2. unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the expiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and Utilities: Landlord shall provide water and sewer service; all other utilities and services shall be paid for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRAD~WINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are covenants and provisions of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part thereof, or assign this Lease Agreement. Any party purchasing a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance which violation may be deemed detrimental to the health, safety or welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will deliver written notice of the grounds on which the Tenant is to vacate the Premises. 13. If the Tenant shall fail to pay the rent specified herein at the time and manner stated, or fails to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession i~ the appropriate Court and Tenant agrees ,I, ,', ~ .....,¡ page ''';'' to pay all casts, expenses, and reasonable attorneys' fees which shall be incurred or expended by the Landlord. 14. Attorneys' Fees: In the enforcement of the terms of this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court casts incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee's Inc., cia Bernard W. McBee,Jr., 1801 South Indian River Drive, Ft. Pierce, FI 34950. Any notice' by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by pasting the notice an the door of Tenant's mobile home. 16. The rights of the Landlord contained herein are cumulative and failure of the Landlord to exercise any right shall not operate to forfeit any other rights of the Landlord. No waiver by the Landlord of any condition or covenant shall be deemed to constitute or in any way imply a further waiver of any ather condition or covenant. Tenant acknowledges that he has read and understands the foregoing and hereby acknowledges the receipt of a copy thereo~. Signed, sealed and delivered in the presence of: _$P-S/¿/#lo -< ----- By S MOBILE HOME PARK ~-~ ~---------~~ "Land I or-d" --------------------------- ~-r-b-~ ---------- ------------- "Tenant" " \..or ...., RULES AND REGULATIONS TRADEWINDS MOBILE HOME PARK 1. ADULTS ONLY. of ag(ó~. "?-ìdults" are de-fined as pel'· sons ovel~ 18 years 2. Occupants must register a"t the o·ffice upon arrival in the PARK. All guests staying in a mobile home must be registered with the PARK MANAGER. No guests may stay over fifteen(15) consecutive days, or thirty(30) total days per year unless such person has the permission of the PARK management. 3. The rent is due in advance on the first of each month and shall be paid in full no later than the fifth. A late charge of 10% shall be charged for rent paid after the fifth day of the month except when the fifth day falls on Sunday or a legal holiday, then rent shall be paid not later than the sixth day of the month to avoid late penalty charge. 4. Reasonable quiet should be maintained at all times, especially from 10:00 P.M. until 8:00 A.M.. Any undue noise after 10:00 P.M. will not be tolerated. Each tenant has the obligation to allow their neighbors to live in peace and tranquility, keeping the radio, record player, T.V., voice and ather sounds at a moderate level at all times. No drunkenness outside the mobile home or vulgar language is allowed in the PARK at any time. 5. Mabile home owners have the responsibility to maintain the lot they occupy and all parts thereof in goad condition and repair. They are also responsible for taking care of their flowers and trimming of their shrubs regularly. Otherwise, it will be done by the management and charged to the mobile home (:Jwner-. 6. No addition of any kind will be added to a mobile home or lot without permission from the owner of the PARK. 7. Please obey the speed limit. Eight miles per hour or less must be maintained at all times. No parking of vehicles en the street at any time. Vehicle disassembly and repair is prohibited in the PARK. 8. Mobile home owners are responsible for the actions of guests and to see that proper conduct with respect for park rules prevails. 9. Conducting a business of any kind is not permitted in the PARK. -I, '-" "'" page 2. 10. In the event of sale of any mobile home, the purchaser must get approval from the PARK owner in writing in order to have the mobile home remain on its present site. Such approval shall not be unreasonably withheld upon the application on a form approved by the PARK owner being submitted to the office of the PARK. 11. NO SUB-LEASING OR SUB-RENTING of mobile home or space is permitted. 12. PLEASE get permission from the management before planting any tree or shrub, in order to prevent damage to underground utilities. 13. No laundry will be allowed to be hung around the mobile home or patio. You should use the clothes lines in the yard or the approved umbrella type as permitted by the owner. There shall be no privately owned washers or dryers except those already approved and those shall not be replaced upon their demise and cannot be transferred with the sale of the mobile home. - 14. There will be no pets admitted to the park unless special permission is given by the owner of the PARK. 15. The management is not responsible for any valuables or other articles left on the property of the PARK; nor is it responsible for damage by fire or other elements; nor damage to furniture, automobiles, mobile home or personal belongings of the Tenant, or for theft of any other item whether described here-in or not. 16. The Tenant assumes all risks of any kind, whether relating to property or person in connection with the occupancy of their rented lot. 17. Any complaints or recommendations should be made to the Park Owner in writing. 18. Park owner reserves the right to evict a mobile home or mobile home owner for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance, which violation may b~ detrimental to the health, safety or welfare of the dwellers in the mobile home park; violation of any reasonable rule or regulation established by the PARK OWNER or operator, provided the mobile home owner receives written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is required to vacate. '-"' .....,¡ page 3. 19. All mobile homes must have underskirting of either aluminum or masonry as approved by the PARK OWNER or operator within thirty(30) days of being set up in the PARK, and all mobile homes must be maintained in a ~afe and attractive repair, including exterior painting to preserve the beauty of the PARK and to maintain the value of the homes therein. 20. All garbage or trash containers are to be kept in the rear of the mobile home as inconspicuous as possible. However, containers must be moved to the outside of park driveway for collection then returned to the rear. 21. These rules may be amended or changed in writing, and upon their being posted in a conspicuous place in the park, and delivered to the residents. The purpose of these rules is solely to make living in TRADEWINDS MOBILE HOME PARK an enjoyable experience and to assist each heme owner in maintaining the value of his/her mobile home. - ------------------------------------------------------------------ I have read and abide by same. DATE __9.~_2_3_=_<i~_ received a copy of the above rules and agree to C""' ~1'---l .~~ ~~ .,..~\_Y~~S~AL) ( SEAL) ------------------- '-' .....,¡ I_EASE AeJl:::EEI"1ENT TRADEWINDS MOBILE HOME PARK 230 Savannah Road Fort Pierce, Florida 34982 - THIS LEASE made and entered into on the ____ day of ____, 19__, by and between TRADEWINDS MOB Il1Ei\HOI"IE F'ARf:::,~ereinafter referred to as "landlord", and _-ØL-&g~--~--J.dl.f;;.~'o/------- herei naf ter ref erred to as "Ten an t" . WITNESSETH: 1. That in considerati~n of the rent, covenants, and agreements to be kept and performed by Tenant hereunder, Landlord demised to' Tenant and Tenant leases from Landlord the premises subject to the terms and conditions as hereinafter set forth. 2. It is specifically understood and agreed by and between the par'ti es hereto that thi s Lease Agreement is gover-ned by the Florida Statutes. 3. Landlord hereby leases to Tenant for installation ~::~~~-=:=:=~~:_::~~~:_::::~-~::~_:=:~:=~~-~:::=~~:~_::~----- TO BE OCCUPIED SOLELY as a private single family dwelling only by Tenant, and Tenant's family consisting of __L__ adultCs). In no event shall the nLlmber of occup;::tnts e:-:ceed that permi tted by thi s Agreement, Rules and Regulations of the Park, or Applicable Laws. It is hereby acknowledged that this is an adult only mobile home park and adults are defined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any calendar year. 4. The term of this lease shall be for a period of _______, commencing on the _____ day of _____, 19 The rental for said term shall be the sum of ________________________DOLLARSC$-----), payable as follows: McBee's Inc. at 1801 South Indian River Drive, Ft. Pierce, Fl 34950 or to their assigned representative and is payable in monthly installments on the first day of each month in advance. A late charge of ten percentC10 %) will be charged fer rent paid after the fifth day of the month, except when the fifth day falls on Sunday or other legal holiday, then the rent shall be paid not later than the sixth day ef the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additional period of six months and for additional six morith periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to vacate the premises. Rental for the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of rental fo~ any extended term by giving the Tenant written notice not less than Ninety(90) days prier to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease '-' -.....J ,.¿ page 2. unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the expiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and Utilities: Landlord shall provide water and sewer ser-vicE-?; all ott,er- Lltilities and service!:. st,all be pë:.Üd for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are covenants and provisions of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part thereof, or assign this Lease Agreement. Any party purchasing a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or state Law or local ordinance which violation may be deemed detrimental to the health, safety or welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will d~liver written notice of the grounds on which the Tenant is to vacate the Premises. 13. If the Tenant shall fail to pay the rent specified herein at the time and manner stated, or fail~ to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees '-" '....I page 3. to pay all costs, expenses, and reasonable attorneys' fees which shall be incurred or expended by the Landlord. 14. Attorneys' Fees: In the enforcement of the terms of this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court costs incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee's Inc., c/o Bernard W. Mc8ee,Jr., 1801 South Indian River Drive, Ft. Pierce, Fl 34950. Any notice'by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by posting the notice on the door of Tenant's mobile home. 16. The rights of the Landlord contained herein are cumulative and failure of the Landlord to exercise any right shall not operate to forfeit any other rights of the Landlord. No waiver by the Landlord of any condition or covenant shall be deemed to constitute or in any way imply a further waiver of any other condition or covenant. Tenant acknowledges that he has read and foregoing and hereby acknowledges the receipt of understands the a copy ·ther-eo·f. Signed, sealed and delivered in the presence of: TRADEWINDS MOBILE HOME PARK By ------------------------- "Landlor-d" --------------------------- --------------------------- J:i;z£~LC--(}£~- ------------------------ "Tenant" '. '-' '-' RULES AND REGULATIONS TRADEWINDS MOBILE HOME PARK 1. ADULTS ONLY. of age. l{-ìdLllts" are defined as pel"sons ovel~ 18 years 2.. OCç:L:!p~ant s mLlst I'''eg i ster at the o·f·f i c:e Llpon ar-r i Vë\l 1 n the RA~~. All guests staying in a mobile home must be registered with the PARK MANAGER. No guests may st~y over fifteen(15) consecutive days, or thirty(30) total days per year unless such person has the permission of the PARK managemen.t. 3. The rent is due in advance on the first of each month and shall be paid in full no later than the fifth. A late charge of 10% shall be charged for rent paid after the fi~th day of the month except when the fifth day falls on Sunday or a legal holiday, then rent shall be paid not late~ than the sixth day of the month to avoid late penalty char~e. 4. Reasonable quiet should be maintained at all times, especially from 10:00 P.M. until 8:00 A.M.. Any undue noise after 10:00 P.M. will not be tolerated. Each tenant has the o~ligation to allow their neighbors to live in peace and tranquility, keeping the radio, record play~r, T.V., voice aAd other sounds at a moderate level at all times. No drunkenness outsi de the mobile home or vul gar 1 anguage 'i s allowed in the PARK at any time. 5. Mobile home owners have the responsibility to maintain the lot they occupy and all parts thereof in good condition and repair. They are also respon""sible for taking care of their flowers and trimming of their shrubs regularly. Otherwise, it will be done by the management and charged to the mobile home c)wner. 6. No addition of any kind will be added to a mobil~ home or lot without permission from the' owner of the PARK. 7. Please obey the speed limit. Eight miles per hour or less must be maintained at all times. No parking of vehicles on the street at any time. Vehicle disassembly and repair is prohibited in the PARK. 8. Mobile home owners are responsible for the actions of guests and to see that proper conduct with respect for park rules prevails. 9. Conducting a business of any kind is not permitted in the PARK. " '-" ......., ~, page ..::.. 10. In the event of sale of any mobile home, the purchaser must get approval from the PARK owner in writing in order to have the mobile home remain on its present site. Such approval shall not be unreasonably withheld upon the application on a form approved by the PARK owner being submitted to the office of the PARK. 11. NO SUB-LEASING OR SUB-RENTING of mobile home or space is permitted. 12. PLEASE get permission from the management before planting any tree or shrub, in order to prevent damage to underground L\ t i lit i es. 1~ ''::'- No laundry will be allowed to be hung around the mobile home or patio. You should use the clothes lines in the yard or the approved umbrella type as permitted by the owner. There shall be no privately owned washers or dryers except those already approved and those shall not be replaced upon their demise and cannot be transferred with the sale of the mobile home. ;c 14. There will be no pets admitted to the park unless special permission is given by the owner of the PARK. 15. The management is not responsible for any valuables or other articles left on the property of the PARK; nor is it responsible for damage by fire or other elements; nor damage to furniture, automobiles, mobile home or personal belongings of the Tenant, or for theft of any other item whether described here-in or not. 16. The Tenant aSsumes all risks of any kind, whether relating to property or person in connection with the occupancy of their rented lot. 17. Any complaints or recommendations should be made to the Park Owner in writing. 18. Park owner reserves the right to evict a mobile home or mobile home owner for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance, which violation may be detrimental to the health, safety or welfare of the dwellers in the mobile home park; violation of any reasonable rule or regulation established by the PARK OWNER or operator, provided the mobile home owner receives written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is required to vacate. " '-" '-' page 3. 19. All mobile homes must have unde~ski~ting of eithe~ aluminum o~ masonry as app~oved by the PARK OWNER O~ ope~atc~ within thi~ty(30) do."\ys of being set L\P in the F'ARf<, and all mobile homes must be maintained in a safe and att~active repair, including exterior painting to prese~ve the beauty of the PARK and to maintain the value of the homes the~ein. 20. All ga~bage o~ trash containe~s a~e to be kept in the ~ear of the mobile home as inconspicuous as possible. Howeve~, containers must be moved bo the outside of pa~k d~iveway for collection then returned to the ~ear. 21. These ~ules may be amended o~ changed in writing, and upon thei~ being posted in a conspicuous place in the park, and delivered to the residents. The pu~pose of these rules is solely to make living in TRADEWINDS MOBILE HOME PARK an enjoyable experience and to assist each home owner in maintaining the value of his/he~ mobile home. - ------------------------------------------------------------------ I have ~ead and abide by same. ~eceived a copy of the above rules and ag~ee to DATE ------------------ /J / ,C~- ~--~;Z- (SEAL) (SI~AL ) ------------.------- (j liD V .. r-. ,..... '-' "-' LEASE AGREEi'1EI\IT TRADEWINDS MOBILE HOME PARK 230 Savannah Road Fort Pierce, Florida 34982 THIS LEASE made and ~~ntered into on the J.9~:-- day of ð~-t, 199~, by and between TRADEWINDS MOBILE HOME PARK, hereinafter referred to as "I andl ord" , and --:r~f-£i:~J_.k.:..._~~L!J_~_________ hereinafter referred to as "Tenant"; WITNESSETH: 1. That in consideration of the rent, covenants, and agreements to be kept and performed by Tenant hereunder, Landlord demised to Tenant and Tenant. leases from Landlord the premises subject to the terms and conditions as hereinafter set forth. 2. It is specifically understood and agreed by and between the parties hereto that this Lease Agreem~nt is governed by the Florida Statutes. ~. Landlord hereby leases to Tenant for installation thereon of Tenant's mobile home, that property described as: _____~_~__(~_ì~____________________________________ TO BE OCCUPIED SOLELY as a private single family dwelling only by Tenant, and Tenant's family consisting of _____ adultCs). In no event shall the number of occupants exceed that permitted by this Agreement, Rules and Regulations of the Park, or Applicable Laws. It is hereby acknowledged that this is an adult only mobile home park and adults are defined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any calendar year. . 4. The term of this lease shall be for a period of~, commencing on the _3º_~ day o·F 04-,---:, 191.-[. The rental ·For s~id term shall be the sum of ~~~~""7~~______DOLLARS ($J1.9__) , payable as follows: McBee's Inc. at 1801 South Indian River Drive, Ft. Pierce, Fl 34950 or to their assigned representative and is payable in monthly installments on the first day of each month in advance. A 1 ate charge of ten percent C 10 'ï.) wi 11 be charged for rent paid after the fifth day of the month, except when the fifth day falls on Sunday or other legal holiday, then the rent shall be paid not later than the sixth day of the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additional period of six months and for additional six mo~th periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to vacate. the premises. Rental for the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of rental for any extended term by giving the Tenant written notice not less than Ninety(90) days prior to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease '-' "'" page 2. unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the expiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and Utilities: Landlord shall provide water and sewer service; all other utilities and services shall be paid for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are covenants and provisions of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part thereof, or assign this Lease Agreement. Any party purchasing a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance which violation may be deemed detrimental to the health, safety or" welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will deliver written notice of the grounds on which the Tenant is to va~ate the Premises. 13. If the Tenant shall fail to pay the rent specified herein at the time and manner stated, or fails to keep and pe~form any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees ~ ...., page ''';'' - to pay all cos'ts, e:-:p€~nses, <3.nd r-easonable at'tor-neys' fees which shall be incur-r-ed or- expended by the Landlord. 14. Attor-neys' Fees: In the enforcement of the ter-ms of this Lease by either par-ty, the pr-evailing par-ty in any litigation shall be entitled to recover- reasonable attor-neys' fees, together- with Cour-t costs incur-r-ed. 15. The name and address of the Landlord or- per-son author-ized by the Landlor-d to r-eceive notices is McBee's Inc., c/o Ber-nar-d W. McBee,Jr-., 1801 South Indian River- Dr-ive, Ft. Pier-ce, FI 34950. Any notice by Landlord to Tenant shall be mailed or- deliver-ed to Tenant at Tenant's addr-ess in the PARK, or by posting the notice on the ~oor- of Tenant·s mobile home. 16. The r-ights of the Landlor-d contained her-ein ar-e cumulative and failur-e of the Landlor-d to exer-cise any r-ight shall not oper-ate to forfeit any other- r-ights of the Landlor-d. No waiver- by the Landlor-d of any condition or- covenant shall be deemed to constitute or- in any way imply a further- waiver- of any other- condition or- covenant. Tenant acknowledges that he has r-ead and under-stands the for-egoing and her-eby acknowledges the r-eceipt of a copy thereof. Signed, sealed and deliver-ed in the pr-esence of: .~~----- ::A;;D~~:~~ V-bt~~dIOnj" ---~----------------------- Jj,.f.:ftfj_~/~,-ftL..J.__9st.} 0, 199f _~. fJ _ I . jJ/~-'.^ __Q:,i:lPJ /?9~ IJ OUT~-;~ ... .. '-' ""wI f'I\~ l~ ea.- . RULES AND REGULATIONS TRADEWINDS MOBILE HOME PARK 1. ADULTS ONLY. of ag e . "("ìdults" are de·fined as peJ~sons ovel'· 18 years 2~ Occupants must I~egister a't the o'ffice upon arrival in the PARK. All guests staying in a mobile home must be registered with the PARK MANAGER. No guests may stay over fifteen(15) consecutive days, or thirty(30) total days per year unless such person has the permission of the PARK management. ~. The rent is due in advance on the first of each month and shall be pa.id" in full no later than the fi·fth. A late charge of 10% shall be char~ed for rent paid after the fifth day of the month except when the fifth day falls on Sunday or a legal holiday, then rent shall be paid not later than the sixth day of the month to avoid late penalty cha~ge. 4. Reasonable quiet should be maintained at all times, especially from 10:00 P.M. until 8:00 A.M.. Any undue noise after 10:00 P.M. will not be tolerated. Each tenant has the obligation to allow their neighbors to live in peace and tranquility, keeping the radio, record player, T.V., voice and other sounds at a moderate level at all times. No drunkenness outside the mobile home or vulgar language is allowed in the PARK at any time. 5. Mobile home owners have the responsibility to maintain the lot they occupy and all parts thereof in good condition and repair. They are also responsible for taking care of their flowers and trimming of their shrubs regularly. Otherwise, it will be done by the management and charged to the mobile home owner. 6. No addition of any kind will be added to a mobile home or lot without permission from the owner of the PARK. 7. Please obey the speed limit. Eight miles per hour or less must be maintained at all times. No parking of vehicles on the street at any time. Vehicle disassembly and repair is prohibited in the PARK. 8. Mabile home owners ar~ responsible far the actions of guests and to see that proper conduct with respect for park rules prevails. 9. Conducting a business of any kind is not permitted in the PARK. " '-" ....., page 2. 10. In the event of sale of any mobile home, the purchaser must get approval from the PARK owner in writing in order to have the mobile home remain on its present site. Such approval shall not be unreasonably withheld upon the application on a form approved by the PARK owner being submitted to the office of the PARK. 11. NO SUB-LEASING OR SUB-RENTING of mobile home or space 1S permitted. 12. PLEASE get permission from the management before planting any tree or shrub, in order to prevent damage to underground L\ t i 1 it i es. 13. No laundry will be allowed to be hung around the mobile home or patio. You should use the clothes lines in the yard or the approved umbrella type as permitted by the owner. There shall be no privately owned washers or dryers except those already approved and those shall not be replaced upon their demise and cannot be transferred with the sale of the mobile home. 14. There will be no pets admitted to the park unless special permission is given by the owner of the PARK. 15. The management is not responsible for any valuables or other articles left on the property of the PARK; nor is it responsible for damage by fire or other elements; nor damage to furniture, automobiles, mobile home or personal belongings of the Tenant, or for theft of any other item whether described here-in or not. 16. The Tenant assumes all risks of any kind, whether relating to property or person in connection with the occupancy of their rented lot. 17. Any complaints or recommendations should be made to the Park Owner in writing. 18. Park owner reserves the right to evict a mobile home or mobile home owner for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance, which violation may b~ detrimental to the health, safety or welfare of the dwellers in the mobile home pa~k; violation of any reasonable rule or regulation established by the PARK OWNER or operator, provided the mobile home owner receives wriften notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is required to vacate. '-" ~ page '':''. 19. All mobile homes must have unde~ski~ting of eithe~ aluminum o~ mason~y as app~oved by the PARK OWNER o~ ope~ator within thi~ty(30) days of being set up in the PARK, and all mobile homes must be maintained in a safe and att~active repair, including e;·:'ter-ioro painting to pl-ese~ve the be.:\uty o'F the PARK and to maintain the value of the homes the~ein. 20. All ga~bage o~ trash containe~s a~e to be kept in the ~ear of the mobile home as inconspicuous as possible. Howeve~, contai ne~ s must be moved to' the outsi de o·f p a~ k d~ i veway f o~ collection then retu~ned to the ~ea~. 21. These ~ules may be amended O~ changed in w~iting, and upon thei ~ bei ng posted in a conspi CLlOUS pI ace in the pa~ k, and delive~ed to the residents. The pu~pose of these ~ules is solely to make living in TRADEWINDS MOBILE HOME PARK an enjoyable experience and to assist each home owne~ in maintaining the value of his/he~ mobile home. ----------------------------------------------------------------- I have read and abide by same. ~eceived a copy of the above ~ules and ag~ee to DATE Gkt__32t-_LC¡tj~ I#u~ ------------~------ (SEAL) ( SEAL) ~ ...,,¡ I_EASE AC3REEt'1EI\!T TRADEWINDS MOBILE HOME PARK 230 Savannah Road Fort Pierce, Florida 34982 -TH I S LEASE mad e an d ,,~n t er E?d 19rJ, by and between TRADEWINDS referred to as "landlord", and hereinafter referred to as "Tenant"; WITNESSETH: 1. That in considerati6n o'F thè rent, covenants, and agre~ments to be kept and performed by Tenant hereunder, Landlord demised to Tenant and Tenant. leases from Landlord the premises subject to the terms and conditions as hereinafter set forth. 2. It is specifically understood and agreed by and between the parties hereto that this Lease Agreement is governed by the Florida Statutes. 3. Landlord hereby leases to Tenant for installation ther-eon of Tenant's mobile home, that property described as#/~ ----------------------------------------------------------------- TO BE OCCUPIED SOLELY as a private single family dwelling only by Tenant, and Tenant's family consisting of __L__ adultCs). In no event shall the number of occupants exceed that permitted by this Agreement, Rules and Regulations of the Park, or Applicable Laws. It is hereby acknowledged that this is an adult only mobile home park and adults are defined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any cal endar- year. 4. The term of this lease sh:aU....1-be for.-a period of c._"!.~__, commencing on the _l5~__ 9ay¡pf ~.A, 19.Q. The rental ·for ~\<i term shall be the sum of (JdJ¡L'"!:;!,¿--z....7~T..:=.:~.:':.._:..._=._DOLLARS C$j2J--f6';:> payable as follows: McBee's Inc. at 1801 South Indian River Drive, Ft. Pierce, Fl 34950 or to their assigned representative and is payable in monthly installments on the first day of each month in advance. A 1 ate charge of ten percent C 10 ï.) wi 11 be charged for rent paid after the fifth day of the month, e::cept when the fifth day falls en Sunday or other legal holiday, then the rent shall be paid not later than the sixth day of the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additional period of six months and for additional six mon~h periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to vacate the premises. Rental for the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of rental for any extended term by giving the Tenant written notice not less than Ninety(90) days prier to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease [~ day of ~__, F'ARk.J" ~i nafter p~- '-" '-..I page 2. - unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the expiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and Utilities: Landlord shall provide water and sewer service; all other utilities and services shall be paid for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations whi~h are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to· time amended are covenants and provisions of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part thereof, or assign this Lease Agreement. Any party purchasing a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance which violation may be deemed detrimental to the health, safety or welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will d~liver written notice of the grounds on which the Tenant is to vacate the Premises. 13. If the Tenant shall fail to pay the rent specified herein at the time and manner stated, or fails to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees ~ ....., - page ~'. to pay all costs, expenses, and reasonable attorneys' fees which shall be incurred or expended by the Landlord. 14. Attorneys' Fees: In the enforcement of the terms of this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court costs incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee's Inc., c/o Bernard W. McBee,Jr., 1801 South Indian River Drive, Ft. Pierce, FI 34950. Any notic~ by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by posting the notice on the door of Tenant's mobile home. 16. The rights of the Landlord contained herein are cumulative and failure of the Landlord to exercise any right shall not operate to forfeit any other rights of the Landlord. No waiver by the Landlord of any condition or covenant shall be deemed to constitute or in any way imply a further waiver of any other condition or covenant. Tenant acknowledges that he has read and understands the foregoing and hereby acknowledges the receipt of a copy thereof. Signed, sealed and delivered in the presence of: -~-~~----- TRAD~W .S MOB:LE~OM PARf::: B /(A/L{ (' - 0- y - ---------- --------- "Landlord" ~cIÍ-~- --------------------------- ------------------------ "Tenant" / '-' ...., RULES AND REGULATIONS TRADEWINDS MOBILE HOME PARK 1. ADULTS ONLY. of age. "Adults" are defined as pel'-sons over 18 years. 2~ Occupants must register at the o·f·fice upon arrival in 'the PARK. All guests staying in a mobile home must be registered with the PARK MANAGER. No guests may stay over fifteen(15) consecutive days, or thirty(30) total days per year unless such person has the permission of the PARK management. ' ~. The rent is due in advance on the first of each month and shall be paid in full no later than the fifth. A late charge of 10% shall be charged for rent paid after the fifth day of the month except when the fifth day falls on Sunday or a legal holiday, then rent shall be paid not later than the sixth day of the month to avoid late penalty charge. 4. Reasonable quiet should be maintained at all times, especially from 10:00 P.M. until 8:00 A.M.. Any undue noise after 10:00 P.M. will not be tolerated. Each tenant has the obligation to allow their neighbors to live in peace and tranquility, keeping the radio, record player, T.V., voice and other sounds at a moderate level at all times. No drunkenness outside the mobile home or vulgar language is allowed in the PARK at any time. 5. Mobile home owners have the responsibility to maintain the lot they occupy and all parts thereof in good condition and repair. They are also responsible for taking care of their flowers and trimming of their shrubs regularly. Otherwise, it will be done by the management and charged to the mobile home owner. 6. No addition of any kind will be added to a mobile home or lot without permission from the owner of the PARK. 7. Please obey the speed limit. Eight miles per hour or less must be maintained at all times. No parking of vehicles on the street at any time. Vehicle disassembly and repair is prohibited in the PARK. 8. Mobile home owners ar~ responsible for the actions of guests and to see that proper conduct with respect for park rules prevails. 9. Conducting a business of any kind is not permitted in the PARK. " 14. 15. 16. 17. 18. '-" '..,./ page 2. 10. In the event of sale of any mobile home, the purchaser must get approval from the PARK owner in writing in order to have the mobile home remain on its present site. Such approval shall not be unreasonably withheld upon the application on a form approved by the PARK owner being submitted to the office of the PARK. 11. NO SUB-LEASING OR SUB-RENTING of mobile home or space is permitted. 12. PLEASE get permission from the management before planting any tree or shrub, in order to prevent damage to underground Lltilities. 1- '':;1. No laundry will be allowed to be hung around the mcbile home or patio. You should use the clothes lines in the yard or the approved umbrella type as permitted by the owner. There shall be no privately owned washers or dryers except those already approved and those shall not be replaced upon their demise and cannot be transferred with the sale of the mobile home. There will be no pets admitted to the park unless special permission is given by the owner of the PARK. The management is not responsible for any valuables or other articles left on the property of the PARK; nor is it responsible for damage by fire or other elements; nor damage to furniture, automobiles, mobile home or personal belongings of the Tenant, or for theft of any other item whether described here-in or not. The Tenant assumes all risks of any kind, whether relating to property or person in connection with the occupancy of their rented lot. Any complaints or recommendations should be made to the Park Owner in writing. Park owner reserves the right to evict a mobile home or mobile home owner for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance, which violation may b~ detrimental to the health, safety or welfare of the dwellers in the mobile home park; violation of any reasonable rule or regulation established by the PARK OWNER or operator", provided the mobile home owner receives written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is required to vacate. \..f ......, page 3. 19. All mobile homes must have underskirting of either aluminum or masonry as approved by the PARK OWNER or operator within thirty(30) days of being set up in the PARK, and all mobile homes must be maintained in a safe and attractive repair, including e:-:ter-ior" painting to preserve the beauty o"f the PARK and to maintain the value of the homes therein. 20. All garbage or trash containers are to be kept in the rear of the mobile home as inconspicuous as possible. However, container~ must be moved to the outside of park driveway for collection then returned to the rear. 21. These rule~ may be amended or ~hanged in writing, and upon their bei~g posted in a con~picuous place in the park, and delivered to the resid~nts. The purpose of these rules is solely to make living in TRADEWINDS MOBILE HOME PARK an enjoyable experience and to assist each home owner in maintaining the value of his/her mobile home. ----------------------------------------------------------------- I have read and abide by same. DATE __~~~~~~~~--- received a copy of the above rules and agree to ~' ;>" ç:/ // r _¡~:;/X~ i/ u (SEAU ------------------- (SEAL) / ..... - ... ... ~ ...., I_EASE AGI~:EEr'1EI\!T TRADEWINDS MOBILE HOME PARK 230 Savannah Road Fort Pierce, Florida 34982 THIS LEASE made and entered into on thE-? _~__ day of ó_ëLt, 19__, by and between TRADEWINDS MOBILE HOlvlE F'ARf:::t..L~ereinafter r-eferred to as "l andl ord" , and ------~-D-:-~1l':(--------- hereinafter referred to as "Tenant"; WITNESSETH: 1. That in consider-ati6n of the r-ent, covenants, and agreements to be kept and performed by Tenant hereunder, Landlord demised to Tenant and Tenant. leases fr-om Landlor-d the premises subject to the terms and conditions as hereinafter set forth. 2. It is specifically under-stood and agr-eed by and between the parties hereto that this Lease Agreem~nt is governed by the Florida Statutes. 3. Landlord her-eby leases to Tenant for- installation ~::=::~~;tL~~:-::~~~:_::::~_~::~_:=:~:=~~_~:::=~~:~_::~_____ TO BE OCCUPIED SOLELY as a pr-ivate single family dwelling only by Tenant, and Tenant's fami ly consisting of ~""Z!& adult (s). In no event shall the number of occupants exceed that per-mitted by this Agr-eement, Rules and Regulations of the Par-k, or Applicable Laws. It is her-eby acknowledged that this is an adult only mobile home park and adults are defined as per-sons eighteen(18) years of age or older. Persons under- the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any calendar year. 4. The term of this le~se sh 11 be for a period of _~_~~, commencing on the 2&<:1.._ daY'F __, 19Q,s:. The rental 'For- sè.Üd ter-m shall be the sum of ~ ~2',..,-~~.a:-~__DOLLARS ($.l?£~Ój , payable as follows: McBee's Inc~~~801 South Indian River Dr-ive, Ft. Pierce, FI 34950 or- to their assigned r-epresentative and is payable in monthly installments on the first day of each month in advance. A 1 ate charge of ten per-cent (10 ï.) wi 11 be charged for rent paid after the fifth day of the month, except when the fifth day falls on Sunday or other- legal holiday, then the r-ent shall be paid not later than the sixth day of the month to avoid late penalty char-ges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additional period of six months and for additional s1>: mor1th periods ther-eafter- LIr11ess the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to vacate the premises. Rental for the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of r-ental for- any extended term by giving the Tenant writtE?Il notice not le!5s than Ninety(90) days pr"iar to the date the raise becomes effective. The increased rental r-ate shall automatically become effective as a part of the extended Lease ...... ....... ~- '-" ""'" page 2. - unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the expiration or the current term of Tenant"s intention to vacate the premises and not enter into a new term. 7. Facilities and Utilities: Landlord shall provide water and sewer service; all other utilities and services shall be paid for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are covenants and provisions of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part thereof, or assign this Lease Agreement. Any party purchasing a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance which violation may be deemed detrimental to the health, safety o~ welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will dÐliver written notice of the grounds en which the Tenant is to vacate the Premises. 13. If the Tenant shall fail to pay the rent specified herein at the time and manner stated, or fails to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and' all rights of the Tenant hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees - ---- ~ ...., page ''':'. to pay all costs, expenses, and reasonable attorneys' fees which shall be incurred or expended by the Landlord. 14. Attorneys' Fees: In the enforcement of the terms of this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court costs incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee's Inc., clo Bernard W. McBee,Jr., 1801 South Indian River Drive, Ft. Pierce, FI 34950. Any notice'by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by posting the notice on th~ door of Tenant's mobile home. 16. The rights of the Landlord contained herein are cumulative and failure of the Landlord to exercise any right shall not operate to forfeit any other rights of the Landlord. No waiver by the Landlord of any condition or covenant shall be deemed to constitute or in any way imply a further waiver of any other condition or covenant. Tenant acknowledges that he has read and understands the foregoing and hereby acknowledges the receipt of a copy thereof. Signed, sealed and delivered in the presence of: TRAD~WI MOBILE HOME F'AF\f::: B Á/t-'l."7 0, -1l ~ Y - __ _____~__~_~~__ "Land I or"d II ~~------- --------------------------- ------------------------ ___~~L2~~~------- "Tenant" '-' ..."" RULES AND REGULATIONS TRADEWINDS MOBILE HOME PARK 1. ADULTS ONLY. of age. "?-ìdults" are de-fined as pE'l~sons over 18 years 2. Occupants must register at the office upon arrival in the PARK. All guests staying in a mobile home must be registered with the PARK MANAGER. No guests may stay over fifteen(15) consecutive days, or thirty(30) total days per year unless such person has the permission of the PARK management. ë ~. . The rent is due in advance on the first of each month and shall be paid in full no later than the fifth. A late charge of 10% shall be charged for rent paid after the fifth day of the month except when the fifth day falls on Sunday or a legal holiday, then rent shall be paid not later than the sixth day of the month to avoid late penalty charge. - 4. Reasonable quiet should be maintained at all times, especially from 10:00 P.M. until 8:00 A.M.. Any undue noise after 10:00 P.M. will not be tolerated. Each tenant has the obligation to allow their neighbors to live in peace and tranquility, keeping the radio, record player, T.V., voice and other sounds at a moderate level at all times. No drunkenness outside the mobile home or vulgar language is allowed in the PARK at any time. 5. Mobile home owners have the responsibility to maintain the lot they occupy and all parts thereof in good condition and repair. They are also responsible for taking care of their flowers and trimming of their shrubs regularly. Otherwise, it will be done by the management and charged to the mobile home owner. 6. No additión of any kind will be added to a mobile home or lot without permission from the owner of the PARK. 7. Please obey the speed limit. Eight miles per hour or less must be maintained at all times. No parking of ve~icles en the street at any time. Vehicle disassembly and repair is prohibited in the PARK. 8. Mobile home owners af'e responsible for the actions of guests and to see that proper conduct with respect for park rules prevails. 9. Conducting a business of any kind is not permitted in the PARK. '-" ...", page 2. 10. In the event of sale of any mobile home, the purchaser must get approval from the PARK owner in writing in order to have the mobile home remain on its present site. Such approval shall not be unreasonably withheld upon the application on a form approved by the PARK owner being submitted to the office of the PARK. 11. NO SUB-LEASING OR SUB-RENTING of mobile home or space is permitted. 12. PLEASE get permission from the management before planting any tree or shrub, in order to prevent damage to underground Ll t i 1 it i es. 13. No laundry will be allowed to be hung around the mobile home or patio. You should use the clothes lines in the yard or the approved umbrella type as permitted by the owner. There shall be no privately owned washers or dryers except those already approved and those shall not be replaced upon their demise and cannot be transferred with the sale of the mobile home. 14. There will be no pets admitted to the park unless special permission is given by the owner of the PARK. 15. The management is not responsible for any valuables or other articles left on the property of the PARK; nor is it responsible for damage by fire or other elements; nor damage to furniture, automobiles, mobile home or personal belongings of the Tenant, or for theft of any other item whether described here-in or not. 16. The Tenant assumes all risks of any kind, whether relating to property or person in connection with the occupancy of their rented lot. 17. Any complaints or recommendations should be made to the Park Owner in writing. 18. Park owner reserves the right to evict a mobile home or mobile home owner for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance, which violation may b~ detrimental to the health, safety or welfare of the dwellers in the mobile home park; violation of any reasonable rule or regulation established by the PARK OWNER or operator, provided the mobile home owner receives written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/sMe is required to vacate. I' " ~ ....", page '':''. 19. All mobile homes must have underskirting of either aluminum or masonry as approved by the PARK OWNER or operator within thirty(30) days of being set up in the PARK, and all mobile homes must be maintained in a safe and attractive repair, including exterior painting to preserve the beauty of the PARK and to maintain the value of the homes therein. 20. All garbage or trash containers are to be kept in the rear of the mobile home as inconspicuous as possible. However, containers must be moved to the outside of park driveway for collection then returned to the rear. 21. These rules may be amended or chang~d in writing, and upon their being posted in a conspicuous place in the park, and delivered to the resident~. The purpose of these rules is solely to make living in TRADEWINDS MOBILE HOME PARK an enjoyable experience and to assist each home owner in maintaining the value of his/her mobile home. - -------------~--£1-J--.J5~--------------------------------- I have read and received a copy of the above rules and agree to abide by same. DA TE _Cl-d.J_~1~!L~·-- (SEAL) ----Ç?------------- ------~--'4.œf (SEAL) " ~. .....", I_EASE AGI:::EEr'1EI\1T TRADEWINDS MOBILE HOME PARK 230 Savannah Road Fort Pierce, Florida 34982 - THIS LEASE made and e.?nter€~d into on th.~ _2._~ day of J!!..~~, 19J~, by and between TRADEWINDS MOEþILEÿOlvlE F'ARf:::, hereinafter referred to as "landlord", and -:a_~:1::?:! ~ hereinafter referred to as "Tenant"; WITNESSETH: 1. That in considerati6n of the rent, covenants, and agreements to be kept and performed by Tenant hereunder, Landlord demised to Tenant and Tenant. leases from Landlord the premises subject to the terms and conditions as hereinafter set forth. 2. It is specifically understood and agreed by and between the parties hereto that this Lease Agreem~nt is governed by the Florida Statutes. 3. Landlord hereby leases to Tenant for installation thereon of Tenant's mobile home, that property described as: __eq_~__[~____~~~_~~~~~~~J:b:_~_Q____________________________ TO BE OCCUPIED SOLELY as a private single family dwelling only by Tenant, and Tenant's family consisting of _~___ adultCs). In no event shall the number of occupants exceed that permitted by this Agreement, Rules and Regulations of the Park, or Applicable Laws. It is hereby acknowledged that this is an adult only mobile home park and adults are defined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any calendar year. 4. The term of this lease s~all be for a period of &__~~, commencing on the 2.f:::12_ day of ;l.!!!!:,~, 19it¿. The rental 'For yaid term shall be the sum of __.L2~-::._~~____________DOLLARS ($jjjþ, payable as follows: McBee's Inc. at 1801 South Indian River Drive, Ft. Pierce, FI 34950 or to their assigned representative and is payable in monthly installments on the first day of each month in advance. A late charge of ten percent(10 X) will be charged for rent paid after the fifth day of the month, except when the fifth day falls on Sunday or other legal holiday, then the rent shall be paid not later than the sixth day of the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additional period of six months and for additional six mon~h periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) da~s prior to the expiration date of Tenant's intention to vacate the premises. Rental for the extended term shall be payable in monthly installménts as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of rental for any extended term by giving the Tenant written notice not less than Ninety(90) days prior to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease " -..., , .... page 2. = unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the expiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and Utilities: Landlord shall provide water and sewer service; all other utilities and services shall be paid for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are covenants and provisions of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part thereof, or assign this Lease Agreement. Any party purchasing a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance which violation may be deemed detrimental to the health, safety or welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will dèliver written notice of the grounds on which the Tenant is to vacate the Premises. 13. If the Tenant shall fail to pay the rent specified herein at the time and manner stated, or fails to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant ~ereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees .... - .' '-" ..., p age '_'. to pay all costs, expenses, and reasonable attorneys' fees which shall be incurred or expended by the Landlord. 14. Attorneys' Fees: In the enforcement of the terms of this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court costs incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee's Inc., c/o Bernard W. Mc8ee,Jr., 1801 South Indian River Drive, Ft. Pierce, FI 34950. Any notice' by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by posting the notice on the door of Tenant's mobile home. 16. The rights of the Landlord contained herein are cumulative and failure of the, Landlord to exercise any right shall not operate to forfeit any other rights of the Landlord. : No waiver by the Landlord of any condition or covenant shall be deemed to constitute or in any way imply a further waiv~r of any other condition or covenant. Tenant acknowledges that he has read and understands the foregoing and hereby acknowledges the receipt of a copy thereof. Signed, sealed and delivered in the presence of: ~:::_:::~_::::- -J2~~---,---- "Landlord" --------------------------- j~_?J2__~ ------------------------ "Tenant" / " '-" ..." RULES AND REGULATIONS TRADEWINDS MOBILE HOME PARK 1. ADULTS OI\JL Y . of ë.'IÇ1c:.~. "¡:'ìdults" are de"fined as pel~SOflS over 18 years 2. OCCLtpants must register at tt,e o·f·fice upon arrival In the PARK. All guests staying in a mobile home must be registered with the PARK MANAGER. No guests may stay over fifteen(15) consecutive days, or thirty(30) total days per year unless such person has the permission of the PARK management. . ~. The rent is due in advance on the first of each month and shall be p~idin full no l~ter than the fifth. A late charge of 10%" shall be charged for rent paid after the fifth day of the month except when the fifth day falls on Sunday or a legal holiday, then rent shall be paid not later than the sixth day of the month to avoid late penalty charge. 4. Reasonable quiet should be maintained at all times, especially from 10:00 P.M. until 8:00 A.M.. Any undue noise after 10:00 P.M. will not be tolerated. Each tenant has the obligation to allow their neighbors to live in peace and tranquility, keeping the radio, record player, T.V., voice and other sounds at a moderate level at all times. No drunkenness outside the mobile home or vulgar language is allowed in the PARK at any time. 5. Mobile home owners have the responsibility to maintain the lot they occupy and all parts thereof in good condition and repair. They are also responsible for taking care of their flowers and trimming of thei~ shrubs regularly. Otherwise, it will be done by the management and charged to the mobile home !:Jwner-. 6. No addition of any kind will be added to a mobile home or lot without permission from the owner of the PARK. 7. Please obey the speed limit. Eight miles per hour or less must be maintained at all times. No parking of vehicles on the street at any time. Vehicle disassembly and repair is prohibited in the PARK. 8. Mobile home owners ar~ responsible for the actions of guests and to see that proper conduct with respect for park rules prevails. 9. Conducting a business of any kind is not permitted in the PARK. 14. 15. 16. 17. 18. '--" .~ page 2. 10. In the event of sale of any mobile home, the purchaser must get approval from the PARK owner in writing in order to have the mobile home remain on its present site. Such approval shall not be unreasonably withheld upon the application on a form approved by the PARK owner being submitted to the office of the PARK. 11. NO SUB-LEASING OR SUB-RENTING of mobile home or space 1S pel'"lni tted. 12. PLEASE get permission from the management before planting any tree or shrub, in order to prevent damage to underground utilities. 1- ..::. . No laundry will be allowed to be hung around the mobile home or patio. You should use the clothes lines in the yard or the approved umbrella type as permitted by the owner. There shall be no privately owned washers or dryers except those already approved and those shall not be replaced upon their demise and cannot be transferred with the sale of the mobile home. There will be no pets admitted to the park unless special permission is given by the owner of the PARK. The management is not responsible for any valuables or other articles left on the property of the PARK; nor is it responsible for damage by fire or other elements; nor damage to furniture, automobiles, mobile home or personal belongings of the Tenant, or for theft of any other item whether described here-in or not. The Tenant assumes all risks of any kind, whether relating to property or person in connection with the occupancy of their rented lot. Any complaints or recommendations should be made to the Park Owner in writing. Park owner reserves the right to evict a mobile home or mobile home owner for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance, which violation may b~ detrimental to the health, safety or welfare of the dwellers in the mobile home park; violation of any reasonable rule or regulation established by the PARK OWNER or operator, provided the mobile home owner receives written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is required to vacate. '-' ....., page ....;.. 19. All mobile homes must have underskirting of either aluminum or masonry as approved by the PARK OWNER or operator within thirty(30) days of being set up in the PARK, and all mobile homes must be maintained in a safe and attractive repair, including exterior painting to preserve the beauty of the PARK and to maintain the value of the homes therein. 20. All garbage or trash containers are to be kept in the rear of the mobile home as inconspicuous as possible. However, containers must be moved to' the outside of park driveway for collection then returned to the rear. 21. These rules may be amended or changed in writing, and upon their being posted in a conspicuous place in the park, and delivered to the residents. The purpose of these rules is solely to make living in TRADEWINDS MOBILE HOME PARK an enjoyable experience and to assist each home owner in maintaining the value of his/her mobile home. ------------------------------------------------------------------ I have read and abide by same. received a copy of the above rules and agree to DATE ý_=tl=_~_~________ _____~__~~(SEAL) .1 /,. . I1..SEAU ~~~ '-' ~ LEASE AGI::::EEMENT TRADEWINDS MOBILE HOME PARK 230 Savannah Road Fort Pierce, Florida 34982 THIS LEASE made and enterE~d into on the _S__ day of _-2__, 19~1, by and between TRADEWINDS MOBILE HOME PARK, hereinafter r-eferred to .:\s "landlord", and bacl~~,-1,.:)~)~~_________ hereinafter referred to as "Tenant"; WITNESSETH: 1. That in consideratidn of the rent, covenants, and agreements to be kept and performed by Tenant hereunder, Landlord demised to Tenant and Tenant leases from Landlord the premises subject to the terms and conditions as hereinafter set forth. 2. It is specifically understood and agreed by and between the parties. hereto that this Lease Agreement is governed by the Florida Statutes. 3. Landlord hereby leases to Tenant for installation thereon of Tenant's mobile home, that groperty described as: _~IQ_~aI~_~_k~~~__t;ct~~r~,~~~f23~__________________ TO BE OCCUPIED SOLELY as a private single family dwelling only by Tenant, and Tenant's family consisting of --L-- adultCs). In no event shall the number of occupants exceed that permitted by this Agreement, Rules and Regulations of the Park, or Applicable Laws. It is hereby acknowledged that this is an adult only mobile home park and adults are defined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any calendar year. 4. The term of this lease shall be for a period of 6...MoA/1.t, commenc i ng on the _$:..__ day o·f _fL__, 1912. The rental ·for sai d term shall be the sum of ___..LZ.L________________DOLLARS u.:¿25-_) , payable as follows: McBee's Inc. at 1801. South Ind~an River Drive, Ft. Pierce, FI 34950 or to their assigned representative and is payable in monthly installments on the first day of each month in advance. A late charge of ten percentC10 %) will be charged for rent paid after the fifth day of the month, except when the fifth day falls on Sunday or other legal holiday, then the rent shall be paid not later than the sixth day of the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additional period of six months and for additional six month periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to vacate the premises. Rental for the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may raise the amount of rental for any extended term by giving the Tenant written notice not less than Ninety(90) days prior to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease '-' '-tfI page 2. unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the expiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and Utilities: Landlord shall provide water and sewer service; all other utilities and services shall be paid for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are covenants and provisions .of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended fr-om time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Subletting: Tenant shall not sublet the premises, or any part ttlereof, or assign this Lease Agreement. Any party purchasing a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a viola~ion of some Federal or State Law or local ordinance which violation may be deemed - detrimental to the health, safety or welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will deliver written notice of the grounds on which the Tenant is to vacate the Premises. 13. If the Tenant shall fail to pay the rent specified herei n at the time and manner stated, or f ai 1 s . to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees 'r' .....,I page 3. to pay all costs, expenses, and reasonable attorneys' fees which shall be incurred or expended by the Landlord. 14. Attorneys' Fees: In the enforcement of the terms of this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court costs incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee"s Inc., c/o Bernard W. McBee,Jr., 1801 South Indian River Drive, Ft. Pierce, FI 34950. Any notice"by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by posting the notice on the door of Tenant's mobile home. 16. The rights of the Landlord contained herein are cumulative and failure of the Landlord to exercise any right shall not operate to forfeit any other rights of the Landlord. No waiver by the Landlord of· any condition or covenant shall be deemed to constitute or in any way imply a further waiver of any other condition or covenant. Tenant acknowledges that he has read and understands the fore(:,Joi ng and hereby ac:kncJwl edges th~? recei pt of a copy ·ther-eo·f. Signed, sealed and delivered in the presence of: TRADEWINDS MOBILE HOME PARK -þ~--~------ By ------------------------- "Land I or"¡j" --------------------------- ~L7J~---- ------------------------ "Tenant" / v ...." RULES AND REGULATIONS TRADEWINDS MOBILE HOME PARK 1. ADULTS ONLY. of age. IIAdLlI ts" are de·f i ned as pel~sons over- 18 years 2. Occupants must register at the office upon arrival in the PARK. All guests staying in a mobile home must be registered with the PARK MANAGER. No guests may stay over fifteen(15) consecutive days, or thirty(30) total days per year unless such person has the permission of the PARK management. . ~. The rent is due in advance on the first of each month and shall be paid in full no later than the fifth. A late charge of 10% shall be charged for rent paid after the fifth day of. the month except when the fifth day falls on Sunday or a legal holiday, then rent shall be paid not later than the sixth day of the month to avoid late penalty charge. 4. Reasonable quiet should be maintained at all times, especially from 10:00 P.M. until 8:00 A.M.. Any undue noise after. 10:00 P.M. will not be tolerated. Each tenant has the obligation to allow their neighbors to live in peace and tranquility, keeping the radio, record player, T.V., voice and other sounds at a moderate level at all times. No drunkenness outside the mobile home or vulgar language is allowed in the PARK at any time. 5. Mobile heme owners have the responsibility to maintain the lot they occupy and all parts thereof in good condition and repair. They are also responsible for taking care of their flowers and trimming of their shrubs regularly. Otherwise, it will be done by the management and charged to the mobile home !:)wner. 6. No addition of any kind will be added to a mobile home or lot without permission from the owner of the PARK. 7. Please obey the speed limit. Eight miles per hour or less must be maintained at all times. No parking of vehicles on the street at any time. Vehicle disassembly and repair is prohibited in the PARK. 8. Mobile home owners ar~ responsible for the actions of guests and to see that proper conduct with respect for park rules prevails. 9. Conducting a business of any kind is not permitted in the F'ARf::: . '-' ..." page 2. 10. In the event of sale of any mobile home, the purchaser must get approval from the PARK owner in writing in order to have the mobile home remain on its present site. Such approval shall not be unreasonably withheld upon the application on a form approved by the PARK owner being submitted to the office of the PARK. 11. NO SUB-LEASING OR SUB-RENTING of mobile home or space 1S per-mitted. 12. PLEASE get permission from the management before planting any tree or shrub, in order to prevent damage to underground utilities. 13. No lauQdry will be allowed to be hung around the mobile home or patio. You should use the clothes lines in the yard or the approved umbrella type as permitted by the owner. There shall be no privately owned washers or dryers except 'those already approved and those shall not be replaced upon their demise and cannot be transferred with the sale of the mobile home. 14. There will be no pets admitted to the park unless special permission is given by the owner of the PARK. 15. The management is not responsible for any valuables or other articles left on the proper-ty of the PARK; nor is it responsible for damage by fire or other elements; nor damage to furniture, automobiles, mobile home or personal belongings of the Tenant, or for theft of any other item whether described here-in or not. 16. The Tenant assumes all risks of any kind, whether relating to property or person in connection with the occupancy of their rented lot. 17. Any complaints or recommendations should be made to the Park Owner in writing. 18. Park owner reserves the right to evict a mobile home or mobile home owner for nonpayment of rent; conviction of a violation of some Federal or State Law or local ordinance, which violation may b~detrimental to the health, safety or welfare of the dwellers in the mobile home park; violation of any reasonable rule or regulation established by the PARK OWNER or operator, provided the mobile home ow~er receives written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is required to vacate. '-' ..." page 3. 19. All mobile homes must have underskirting of either aluminum or masonry as approved by the PARK OWNER or operator within thirty(30) days of being set up in the PARK, and all mobile homes must be maintained in a safe and attractive repair, including e:·:ter-ior- p~inting to preserve the beauty of the PARK and to maintain the value of the homes therein. 20. All garbage or trash containers are to be kept in the rear of the mobile home as inconspicuous as possible. However, containers must be moved to the outside of park driveway fer collection then returned to the rear. 21. These rules may be amended or changed in writing, and upon their being posted in a conspicuous place in the park, and delive~ed to the residents. The purpose of these rules is solely to make living in TRADEWINDS MOBILE HOME PARK an enjoyable experience and to assist each home owner in maintaining the value of his/her mobile home. ----------------------------------------------------------------- I have read and received a copy of the above rLlles and agree to abide by same. DATE ~_~~9g---------- F-a~1-~ C SEAL> (SEAL) ------------------- '-' '-" I_EASE AC3I':::EEr'1EI\IT TRADEWINDS MOBILE HOME PARK - 230 Savannah Road Fort Pierce, Florida 34982 THIS LEASE made and entered into on ttl~~ __3_ day o'¡: 5~4 1971, by and between TRADEl>JINDS MOBI~ HOlvlE F'Am:::, here.in.a?t~; re'¡: err ed to as "l and lord" , and __ß1-1..J...6--.L£-.s..c...d..ad.----- herei nafter referred to as "Tenant"; / WITNESSETH: 1. That in consideratio~ of the rent, covenànts, and agreements to be kept and performed by Tenant hereunder I Landlord demised to Tenant and Tenant. leases from Landlord the p~emisés subject to the terms and conditions as hereinafter set forth.' ~ 2. It is specifically unde~stood and agreed ·by· and'bBtween the parties hereto that this Le~se Ag~eem~n~ is ~overned b~·the Flori da Statutes. ' ¡ 3. Landlord hereby leases to Tenant for installation ~~;?~~~J?~:=:=~~:-::~~~:-~:::~-~::~-:=:~:=~~-~:::=~~:~-::~----- TO BE OCCUPIED SOLELY as a private single family dwellfng only by Tenant, and Tenant's family consisting of __L__ adult(s). In no event shall the number of occupants exceed that permitted by this Agreement, Rules and Regulations of the Park, or Applicable Laws. . It is hereby acknowledged that this is an adult only mobile home park and adults are deFined as persons eighteen(18) years of age or older. Persons under the age of eighteen(18) years of age are not permitted to reside in TRADEWINDS MOBILE HOME PARK except as short term visitors, not exceeding thirty(30) days in any calendar year. 4. The term of th is 1 ease sh~ll be f or a per i od of -¿../22-.., commenc i ng on the --9..-- day. o'¡: _1___, 19<¡¡: The rental '¡:or Së.Ü d term shall be the sum of ~f~~ao-------___-----DOLLARS($~Z~~~), payable as follows: McBee's IMc. at 1801 South Indian River Drive, Ft. Pierce, Fl 34950 or to their assigned representative and is payable in monthly installments on the first day of each month in advance. A I ate charge of ten percent (10 iO wi 11 be charged for rent ~aid after the fifth day of the month, except when the fifth day falls on Sunday or other legal holiday, then the rent shall be paid not later than the sixth day of the month to avoid late penalty charges. 5. Upon reaching the termination date, this Lease shall automatically be extended for an additiohal period of six months and for additional six month periods thereafter unless the tenant shall notify the Landlord in writing thirty(30) days prior to the expiration date of Tenant's intention to vacate the premises. Rental for the extended term shall be payable in monthly installments as specified in Paragraph 4 above. 6. The Landlord, in its sole discretion, may r,~ise' the amount of rental for any extended term by giving the Tenant written notice not less than Ninety(90) days prior to the date the raise becomes effective. The increased rental rate shall automatically become effective as a part of the extended Lease \..t '."" page 2. unless the Tenant shall advise the Landlord in writing thirty(30) days prior to the expiration or the current term of Tenant's intention to vacate the premises and not enter into a new term. 7. Facilities and Utilities: Landlord shall provide water and sewer service; all other utilities and services shall be paid for by Tenant and shall be contracted or arranged for directly between tenant and the appropriate utility company or service. 8. The Tenant agrees to abide by all Rules and Regulations of the Landlord, and agrees that violation thereof shall be grounds for eviction from TRADEWINDS MOBILE HOME PARK. Tenant acknowledges receipt of a copy of the current Rules and Regulations which are attached thereto and incorporated herein by reference, and the parties hereto agree that said Rules and Regulations as from time to time amended are covenants and provisions of this Lease and are reasonable and necessary for an efficient operation of the Park and for the health, safety and welfare of the residents of the PARK. 9. Landlord and Tenant agree that the Rules and Regulations may be amended from time to time by the Landlord and Landlord agrees that the Rules and Regulations will not be changed without written notification to the Tenant at least ninety(90) days before implementation of such changes. 10. Assignment and Sublet·ting: Teni:.'\nt ~;hall not suble-t the premises, or any part thereof, or assign this Lease Agreement. Any party purchasing a mobile home located on the premises, and desiring to become a Tenant must file an application on the form provided by Landlord at the office of the Landlord, and must otherwise qualify with the requirements of entry into the Park under the PARK Rules and Regulations. 11. Landlord may evict the Tenant or mobile home for nonpayment of rent; conviction of a violation of some Federal or state Law or local ordinance which violation may be deemed detrimental to the health, safety or welfare of other dwellers in the mobile home park; violation of any rule or regulation established by the Landlord provided the mobile home owner received written notice of the grounds upon which he/she is to be evicted at least thirty(30) days prior to the date he/she is to vacate; change in the use of land comprising the mobile home park, or a portion thereof on which a mobile home to be evicted is located; or upon twelve months' written notice. 12. The parties agree that, if the Landlord determines that Tenant is to be evicted for violating a rule or regulation of the PARK, the Landlord will deliver written notice of the grounds on which the Tenant is to vacate the Premises. 13. If the Tenant shall fail to pay the rent specified herein at the time and manner stated, or fails to keep and perform any of the other conditions or agreements of this Lease, the Landlord may, at its option, terminate this Lease and all rights of the Tenant hereunder, at which time the Tenant agrees to vacate the premises. If the Tenant fails to voluntarily vacate the premises, after termination, the Landlord may bring an action for possession in the appropriate Court and Tenant agrees .. . ~ '~ page 3. to pay all costs, expenses, and reasonable attorneys' fees which shall be incurred or expended by the Landlord. 14. Attorneys' Fees: In the enforcement of the terms of this Lease by either party, the prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees, together with Court costs incurred. 15. The name and address of the Landlord or person authorized by the Landlord to receive notices is McBee's Inc., c/o Bernard W. McBee,Jr., 1801 South Indian River Drive, Ft. Pierce, FI 34950. Any notice by Landlord to Tenant shall be mailed or delivered to Tenant at Tenant's address in the PARK, or by posting the notice on the door of Tenant's mobile home. 16. The rights of the Landlord contained herein are cumulative and failure of the Landlord to exercise any right shall not operate to forfeit any other rights of the Landlord. No waiver by the Landlord of any condition or covenant shall be deemed to constitute or in any way imply a further waiver of any other condition or covenant. Tenant acknowledges that he has read and understands the foregoing and hereby acknowledges the receipt of a copy thereof. 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VI HHHHHHH H ¡..)¡..)¡..)¡..)¡..)¡..)¡..) ~ 0000000 \ 1-'1-'1-'1-'1-'1-'1-' 0 CD CD CD CD CD CD CD H 0000000 n t"' 0000000 l'iI ~ ¡..)¡..)¡..)¡..)¡..)¡..)¡..) t"' ~ < ..... l'iI t:r 11 ~ 11 PI PI 0 ~ < l'iI ~ 0 ~ I-' H t-i P- tj 11 ..... t"' t"' P- H CI IQ ~ n CD t-i H :#: l'iI VI n W 0 to I ~ CD "i1 ('T ¡..) ~ n ('T W t< þ: '< I l'iI ~ n n l'iI t-i ?I PI to tJ 0 fI I 0 t-i t-i ::s' ¡..) ~ E= 0 0 t-i 0 tj E= 0 t-i 0 ¡..) ID I ~ l'iI to I ,þ. ,þ. ¡..) t-i ¡..) CD CD¡..)¡..)WW,þ.¡..)CD 0 0 . t-i 0 W WW\DWCDIDI-'CD E= 0 ID IDWI-'\DWVlI-'-..1 to :Þ' G1 l'iI w , ,..... /" y/ AGENDA REQUEST ......, ITEM NO. /J..R ....." DATE: October 3, 2000 REVISED REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Children's Environmental Learning Center - Interlocal Agreement with the School Board BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement. ec] APPROVED [ ] DENIED [ ] OTHER: uglas Anderson ounty Administrator COMMISSION ACTION: County Attorney: [0- Review and Approvals. Management · BUd9!:ç t Leisure Svcs. Dir:· .f if applicable) Purchasing: Env. Lands Spec.: 5P Originating Dept. Eff. 5/96 Finance: (Check for Copy only, ;f\ ~6 l' '-" "-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioner:'s FROM: Daniel S. McIntyre, County Attorney C.A. NO. 00-1455 DATE: September 15, 2000 SUBJECT: Children's Environmental Learning Center - Interlocal Agreement with the School Board ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached is a draft Interlocal Agreement between the County and the School Board pertaining to the Children's Environmental Learning Center. Under the terms of the Interlocal Agreement, the School Board is proposing to provide the County with twenty-one thousand and 0/100 ($21,000.00) dollars to assist the County in funding the operation of the Learning Center. In return, the School would have the right to schedule use of the Learning Center without charge. The term of the Agreement is for one (1) years but the Agreement provides for automatic renewal. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement. DSM/caf Attachment '-' ....,¿ / INTERLOCAL AGREEMENT between ST. LUCIE COUNTY SCHOOL BOARD and ST. LUCIE COUNTY relating to THE CHILDREN/S ENVIRONMENTAL LEARNING CENTER This Interlocal Agreement is made this _ day of ~ 2000/ by and between the ST. LUCIE COUNTY SCHOOL BOARD (hereinafter referred to as "School") and ST. LUCIE COUNTY/ a political subdivision of the State of Florida (hereinafter referred to as "County" . WHEREAS/ County leases real property where a Children/s Environmental Learning Center (" Learning Center") building has been constructed adjacent to South 2 5th Street; and/ WHEREAS/ it is School/s desire to contribute monies to assist in funding the operation of the Learning Center; and/ WHEREAS/ the parties hereto have determined that it would be to the mutual advantage of each and in the best interest of both the citizens of St. Lucie County and the faculty/ staff and students of School for the School to assist the County in funding the operation of the Learning Center. NOW/ THEREFORE/ in consideration of the mutual advantages accruing to the parties and the benefits/ promises/ and considerations hereinafter set out/ School and County agree as follows: 1. PURPOSE AND INTENT It is the intent of the parties: g: \atty\agreemnt\interloc\schoolbrd-m us -1- '-' .....", , A. To maximize the use of funds and facilities for the Learning Center and avoid unnecessary duplication of facilities and services. B. To jointly provide programs and facilities that are better than either entity could provide on its own. C. To further the relationship between School and the community. D. To provide students and faculty of the School with access to the Learning Center. II. ROLE OF THE PARTIES In consideration of mutual covenants and promises herein contained, School and County agree as follows: A. On or before November 1, 2000, School agrees to provide funds to County in the amount of twenty-one thousand and 0/100 ($21,000.00) dollars to assist in funding the operation of the Learning Center. B. School will have the right to schedule use of the Learning Center during normal business hours without charge. Administration of the Learning Center and scheduling of the use of the Center is the responsibility of the County's Leisure Services Director or designee. Ill. TERM: TERMINATION This Agreement shall be effective for a period of one (1) year beginning October 1, 2000 and ending September 31, 2001. This Agreement will be automatically renewed upon the same terms and conditions for successive one year periods unless either g: \atty\agreemnt\interloc\schoolbrd-mus -2- /> ......... ""'" party determines to terminate the Agreement by providing written notice of the termination at least one hundred twenty days (120) prior to the expiration of the current term. IV. AMENDMENT This Agreement may be amended by written agreement of the parties. V. 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 service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, and addressed to: As to St. Lucie County: With a CODY to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to School: With a CODY to: St. Lucie County School Superintendent St. Lucie County School Board 2909 Delaware Avenue Fort Pierce, Florida 34947 Daniel B. Harrell, Esquire Riverside National Bank, Suite 200 1600 S. Federal Highway 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 back if by telex, and (d) on the date upon which the return receipt is g: \atty\agreemnt\interloc\schoolbrd-mus -3- '-' ....., signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. VI. PUBLIC RECORDS The parties shall allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Agreement. VII. ASSIGNMENT No party shall assign this Agreement to any other persons or firm without first obtaining the non assigning parties' approval. VIII. WHOLE UNDERSTANDING: GOVERNING LAW This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein,' and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. This Agreement and the rights of the parties shall be governed by and construed and enforced in accordance with the laws of the State of Florida. IX. FILING: EFFECTIVE DATE This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. g: \atty\agreemnt\interloc\schoolbrd-mus -4- ~ '-..I IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST. LUCIE COUNTY SCHOOL BOARD ATTEST: BY: BY: Chairman APPROVED AS TO FORM AND CORRECTNESS BY: School Board Attorney g: \atty\agreemnt\interloc\schoolbrd-mus -5- ..- ~. ..., - -- ... -..... ... ......, AGENDA REQUEST ITE~O. ~ DATE: October 3, 2000 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South County Regional Stadium - Amended and Restated Interlocal Agreement BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Agreement. [XJ APPROVED [ ] DENIED [ ] OTHER: D glas Anderson ounty Administrator COMMISSION ACTION: County Attorney: ~¿( Review and Approvals Management & BUdget~ Leisure Svcs. Dir:~ if applicable) Purchasing: Originating Dept. Public Works Dir: a . /.'. Fin:J~ (Ch:¡kéSor Copy only, Eff. 5/96 - .. -- ... ~ "'wttII INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 00-1456 DATE: September 15, 2000 SUBJECT: South County Regional Stadium - Amended and Restated Interlocal Agreement ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On November 16, 1999, the County and the School Board entered into an Interlocal Agreement pertaining to the South County Regional Stadium. At the time the original Interlocal Agreement was approved, the parties contemplated that the County would use the School Board's construction manager to construct the project. Since that time, the County has decided to enter into direct contracts with contractors to construct the Stadium. In addition, the County anticipated receiving four hundred thousand and 0/100 ($400,000.00) dollars in Florida Recreation Development Assistance Program (FRDAP) grants, but only received three hundred thousand and 0/100 ($300,000.00) dollars in grant funds. Attached is a draft Amended and Restated Interlocal Agreement that incorporates the changes noted above. ...... ~ .......... '-' ...,.¡ RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Agreement. Daniel S. McIntyre County Attorney DSM/caf Attachment - - - '-' ....¡ AMENDED AND RESTATED INTERLOCAL AGREEMENT SOUTH COUNTY REGIONAL STADIUM THIS INTERLOCAL AGREEMENT made this day of ,2000, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and the SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as the" School", regarding the South County Regional Stadium, hereinafter referred to as the "Stadium". WHEREAS, the parties entered into an Interlocal Agreement on November 16,1999, pertaining to the South County Regional Stadium which Agreement was recorded in Official Records Book 1269 at Page 2281 in the Public Records of St. Lucie County; and, WHEREAS, the parties hereto have determined that it would be to the mutual advantage of to amend and restate the November 16, 1999, Agreement. NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. g:\atty\agreemnt\interloc\So County Reg A-R 1 - - - '-'" ~ 2. THE GRANT PROCESS. The County received a one hundred fifty thousand and 0/100 ($150,000.00) dollar grant under the Florida Recreation Development Assistance Program (FRDAP) that will be used to fund the construction of the Sports Stadium. The County, in a joint application with the City of Port St. Lucie, also received an additional one hundred fifty thousand and 0/100 ($150,000.00) dollar grant from FRDAP that will be used to fund the construction of the Sports Stadium. The parties acknowledge and agree that each grant requires a separate match. The County's share of the project budget (i.e. $516,000.00) shall be used to provide the required separate match ($150,000.00) for each grant. 3. PROJECT BUDGET; FINANCIAL CONTRIBUTION BY COUNTY AND SCHOOL; COST OVERRUNS; UNDERRUNS: The parties agree that the project budget for design, construction and construction administration of the Stadium shall be one million three hundred thousand and 0/100 ($1,300,000.00) dollars. In the event the cost of constructing the Stadium exceeds the project budget, the parties agree to meet and discuss options with regard to the project. In the event the cost of constructing the Stadium is less than the project budget, the parties agree to share the savings 501'0 - County; 501'0 - School. The County agrees to pay four hundred thousand and 0/100 ($400,000.00) dollars and the cost of bleacher installation estimated to cost an additional one hundred sixteen thousand and 0/100 ($116,000.00) dollars and the School agrees to pay four hundred thousand and 0/100 ($400,000.00) dollars for the g:\atty\agreemnt\interloc\So County Reg A-R 2 '-" -..J construction of the Stadium as hereinafter provided. The parties agree that the County will issue bonds to fund the School's share of the project budget. The School covenants to budget and appropriate from legally available sources of revenue other than ad valorem taxes, the funds necessary to pay the debt service to cover the School's portion of the bond issue ($400,000.00) and to pay such funds to the County at the times and in the amounts necessary to make the debt service payments on such bonds. The parties agree that the term of the County's bonds shall be ten (10) years from the date of issuance. The parties agree that the County's Leisure Services Director will attempt to solicit from private donors funds in the amount of one hundred sixty-three thousand five hundred and 0/100 ($163,500.00) dollars as of August 15, 2000. The parties agree that the project budget shall be modified to reflect the actual amount of donations received as of August 1, 2000. 4. SELECTION OF ARCHITECT; PREPARATION AND APPROVAL OF PLANS. A. Selection of Architect: The County has selected Edlund & Dritenbas ("Architects") to design the project pursuant to the County's continuing contract with the Architects. B. Facilities - Plans: County agrees to require the Architects to submit for School and County approval complete detailed plans and specifications for the construction of a regional sports stadium. Neither the County nor the School will unreasonably withhold their approval of the plans. The School and the County shall complete g:\atty\agreemnt\interloc\So County Reg A-R 3 '-' ....., their reviews of the final plans and specifications and provide their comments, if any, to the Architects as soon as possible but in no event longer than twenty (20) days from the date of receipt of the final plans and specifications. Any plan or modification mandated by federal or state laws or regulations shall be made. The School and the County shall jointly agree on any other aspect of the plan not mandated by federal or state laws or regulations. The completed Architects' detailed, and certified plans shall include access plans, utility (water, sewer, phone, electric) plans, drainage plans, parking plans, landscaping plans, and all other plans needed to construct the Stadium. The County shall require the Architects to obtain all needed permits and approvals from any governmental agency whose approval is needed. 5. CONSTRUCTION OF THE STADIUM. The County shall enter into a contract with a qualified contractor. The contract shall require the contractor to comply with all applicable federal, state and local laws and to construct the improvements in accordance with the approved plans. The parties agree that the County shall be responsible for the administration of the Contract. The County shall review and approve all monthly payment applications and all related invoices related to payment to the construction manager prior to payment by the County. The parties agree that the Architects shall perform construction inspections of the Stadium. 6. PAYMENT OF INVOICES; CONTINGENCIES; CHANGE ORDERS. The County shall negotiate a price for construction of the improvements that is equal to or lower than the Project Budget (less any Architects fees and permit fees) as g:\atty\agreemnt\interloc\So County Reg A-R 4 '-' '-" finally established pursuant to Paragraph 3. The County agrees to pay the contractor the amount of any invoice approved by the County's Project Manager and by the Architects pertaining to the construction of the Stadium within twenty (20) days after receipt of the approved invoices. 7. OWNERSHIP; MAINTENANCE; PRIORITY USE BY SCHOOL; FUTURE CAPITAL IMPROVEMENTS. The parties agree that the County shall maintain and have full administrative, operational, and budgetary control of the Stadium after it is completed. In scheduling events at the facility, County agrees that the School shall have priority use for all football and soccer events scheduled by the high schools using the Stadium as home field. In the event either party believes that additional capital improvements or renovations are necessary, the parties agree to meet and discuss options with regard to the proposed capital improvement/renovation project. 8. NOTICES. Every notice, approval, consent or other communication authorized or required by this Agreement shall not be effective unless same shall be in writing and sent postage prepaid by U.S. Certified Mail, Return Receipt Requested, directed to the other party at its address provided for below or such address as either party may designate by notice given from time to time in accordance with this section. g:\atty\agreemnt\interloc\So County Reg A-R 5 ~ As to School: With a copy to: As to County: With a copy to: "-wI St. Lucie County School Superintendent St. Lucie County School Board 2909 Delaware Avenue Fort Pierce, Florida 34947 Daniel B. Harrell, Esquire Riverside National Bank, Suite 200 Fort Pierce, Florida 34950 St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Building Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 9. CONSENT OF SCHOOL AND COUNTY. Wherever in this Agreement School or County is required to give its consent or approval to any action on the part of the other, such consent or approval shall not be arbitrarily or unreasonably withheld. School and County shall act reasonably and consistent with reasonable commercial practice. The consent or approval by either party to or of any act of or request by the other party shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or request. 10. WAIVER. If under the provisions hereof, School or County shall institute proceedings and a compromise or settlement thereof shall be made, the same shall not constitute a waiver of g:\atty\agreemnt\interloc\So County Reg A-R 6 - -- .... '-' """ any covenant herein contained not of any of School's or County's rights hereunder. No waiver by School or County of any provision hereof shall be deemed to have been made unless expressed in writing and signed. No waiver by School or County of any breach of any covenant, condition, or agreement herein contained shall operate as a waiver of such covenant, condition, or agreement itself, or of any subsequent breach thereof. 11. OBLIGATIONS OF SUCCESSORS. Each and all of the provisions including all options in this Agreement shall be binding upon and inure to the benefit of the parties hereto, and except as otherwise specifically provided in this Agreement, to their respective heirs, executors, administrators, successors and assigns, subject at all times, nevertheless, to all agreements and restrictions contained elsewhere in this Agreement with respect to the assignment, transfer, encumbering or subletting of all or any part of County's interest in this Agreement. 12. ENTIRE AGREEMENT. It is understood and acknowledged there are no oral agreements between the parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and understandings, if any, between the parties hereto or displayed by School to County with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Agreement unless such negotiations, arrangements, brochures, agreements, and understandings are specifically incorporated herein. g:\atty\agreemnt\interloc\So County Reg A-R 7 '-' ...." 13. PARTIAL INVALIDITY. It is agreed if any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Agreement and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 14. MODIFICATIONS OF AGREEMENT. This Agreement may be modified only by mutual written agreement of both parties and filed with the Clerk of the Circuit Court of St. Lucie County. 15. ARTICLE HEADINGS. The article headings in this Agreement are inserted only as a matter of convenience and reference. They are not to be deemed as limiting in any manner the content of the provisions which they described and are not to be given any effect whatsoever in construing the provisions of this Agreement. 16. PRONOUNS AND GENDER. The words School and County as used herein shall include the plural as well as the singular. The marginal headings or titles to the sections of this Agreement are not a part of this Agreement and shall have no effect in the construction of this Agreement. g:\atty\agreemnt\interloc\So County Reg A-R 8 -- ..... -- ......... .... '-" ...., 17. CUMULATIVE EFFECT. The various rights, options, elections, powers and remedies contained in this Agreement shall be construed as cumulative; and no one of them shall be exclusive of any of the others, or of any other legal or equitable remedy which either party, might otherwise have in the event of breach of default in the terms hereof, and the exercise of one right or remedy by such party shall not impair its right to any other right or remedy until all obligations imposed upon the other party have been fully performed. 18. GOVERNING LAW. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal action to enforce any obligation contained herein, it is agreed the venue of such suit or action shall be in St. Lucie County, Florida; and both parties hereby waive any defenses to the contrary. Although the printed provisions of this Agreement were drawn by County, this Agreement shall not be construed either for or against County or School, but shall be interpreted in accord with the general tenor of this language. (THE NEXT PAGE IS THE SIGNATURE PAGE) g:\atty\agreemnt\interloc\So County Reg A-R 9 --- ..... - -- -- - '-'" ....", IN WITNESS WHEREOF, the parties hereby have executed the Agreement on the dates indicated. -Executed by County this _ day of ,2000 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY Executed by School Board this _ day of , 2000 ATTEST: SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: SCHOOL BOARD ATTORNEY g:\atty\agreemnt\interloc\So County Reg A-R 10 .... .... /- .. .../'/ '-"' ...." AGENDA REQUEST ITEM NO. c- 2. (!.. DATE: October 3, 2000 REGULAR [ PUBLIC HEARING CONSENT [XX] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Hidden River Estates Drainage Retrofit Contract for Sale and Purchase Bender Parcel - 3420-525-0454-000/8 BACKGROUND: See attached memorandum FUNDS AVAIL.: Funds are available in 101211-41134-563007-425017 FDEP - Canal and Storm Water Retrofit Local Option - Drainage Improvement PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the attached Contract for Sale and Purchase with Naomi S. Bender, Edward S. Bender and June R. Spencer, his wife, in the amount of $8,100.00 plus closing costs, authorize the Chairman to execute the Contract and direct staff to proceed with closing and record the documents in the Public Records of St. Lucie County. COMMISSION ACTION: [X ] [ ] APPROVED OTHER: DENIED g as Anderson ty Administrator Review and Approvals XX C=<y A"O=" , 3}/ XX Public Worko, ;CJw XX Originating Dept.: ~ XX County Engineer:~ Finance: (Check for Copy only, if applicable) - ~Þí11¡~ XX Mgmt. & BUdge~ r V' JII'('(~ Other: Eff. 5/96 G:\ACQ\WP\JoAnn\Hidden River\Bender\BCCAgendal0300.wpd .. '-" ~ PROPERTY ACQUISITION DIVISION M E M 0 RAN DUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: September 27, 2000 SUBJECT: Hidden River Estates Drainage Retrofit Contract for Sale and Purchase Bender Parcel - 3420-525-0454-000/8 The St. Lucie County Engineering Division and the City of Port St. Lucie are participating in a joint venture to help ease a localized flooding problem that exists within the city limits of Port St. Lucie. This area of concern is along Forgal Street near the entrance of the Hidden River Estates subdivision. Flooding in this area creates a safety hazard for the motoring public. The only drainage outfall for the troubled area is through the Hidden River Estates subdivision. Channeling more water through Hidden River Estates is a major concern, as the subdivision also experiences flooding during heavy rainfall events. Hazen and Sawyer, P.E., have been contracted to design the proposed plan to help ease this flooding problem. The proposed plan involves redirecting some of the storm water runoff from the City away from Hidden River Estates. Vacant lots within the city limits are to be used as storm water retention areas. The County hired Osteen Appraisal Services, Inc. to perform an appraisal and they valued the subject property at $7,000.00, and Osteen Appraisal Services considers this the middle range of value. The property is currently assessed by the Property Appraiser at $8,100.00. Mrs. Naomi Bender, Edward S. Bender and June R. Spencer, his wife, have made a counteroffer of $8,100.00. The subject property is necessary to complete the project as outlined in the attached memorandum from the County Engineer. Condemnation is not an option in this case. If the County were to condemn it would cost at least an additional $10,000 - $15,000. RECOMMENDATION: Staff recommends that the Board approve the attached Contract for Sale and Purchase with Naomi S. Bender, Edward S. Bender and June R. Spencer, his wife, in the amount of $8,100.00 plus closing costs, authorize the Chairman to execute the Contract and direct staff to proceed with closing and record the documents in the Public Records of St. Lucie County. Respectfully submitted, CW·c~~d/ Donald G. Cole Property Acquisition Manager 01; --' '-" '...I DIVISION OF ENGINEERING MEMORANDUM 00-297 :.:.:.:.:.:.:.:.:.:.:.:.:-:-:.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:-:.:-:.:.:.:-:.:-:.:-:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. ;:;:;:;:;:;:::::::::;:::::;:;:::;:;:;:;:;:::;:;:;:;=;:::::::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;: FROM: Don Cole, Property Acquisitions Manager Don West, County Engineer f'v\vr þ¿". DB~v r-- m, Œ ® ~ U_Œ.~. " if/;: !SEP'2 5 r ~l~. . . ¡ !-~ ì I _I ¡ LPROPERTY :,C2UIS:Tf,--j TO: DATE: September 22, 2000 SUBJECT: Hidden River Estates Stormwater Retrofit Purchase of Edward S. Bender Property To achieve our goal of a water quality improvement project, it is imperative that we secure the Bender property (see attached map). The Hidden River Estates project involves a partnership with the City of Port St. Lucie and the St. Lucie River Issues Team. A $95,000 grant was awarded to St. Lucie County in 1998 by the St. Lucie River Issues Team to provide water quality components (retention ponds) to the design. The project cannot move forward without completion of the land acquisition for the retention pond sites. Several unwilling sellers forced us to have to relocate and redesign the pond sites. To date, we have explored all vacant properties in the vicinity that are feasible as pond sites. There are no alternative sites remaining. If we are unable to secure this remaining parcel (Bender), we will be unable to achieve our project goal as a water quality improvement project. This will leave us no choice but to consider condemnation, or to return the grant funds to the Issues Team. At this point in time, we cannot afford the delay involved in proceeding through the condemnation process. I recommend that we purchase the Bender property at the offered price of $8,100, and proceed with completion of the project. DBW:jr cc: Ray Wazny, Public Works Director Mike Wrack, Civil Engineer JoAnn Riley, Property Acquisitions " " Eftdden Ri¥er' Est'tt'tes Stormwater Retrofit LEGEND - - PROPOSED~ REHABlUTATIOII - - . PROPO$B) ÞP'EJØ1ON POND PROPO$S) ~--i. ~ - :jr!! STORM SÐIIER - DRAINAGE I- BASIN BOIINDNIES 7/ (/ --- ~ ''::;>'- ~ I- ~ ......,....". '-'~V~\ ~ \..'0./ - ~ ;-'- . ,~ .... Vii ~ -'-"~" - ~', - ,-'.... ~ "~ .~ ../// - ........-:: '::/ - -T_ ~ ~~ - :o!( ...... c..---'""\ l- I- .\.. ~"~ I. I I" I 1.1~ I I I" 1 J "~' I.. .. ..I 1#hfr " " - !- ~ ,-- j (11 'I 11 ; ~'\'" i 11:= - ',\,\" ¡ :: - ~" 1= f.-. / j¡:::. ......... )~\ i '- " - ;: I-- ! , -;: ---- - I- , I- ! - ¡::. ~ \ I ~ ¡:: ¡;;;: I , j ~ i jl- ~ í n~ ~~~ ""- .: 1= 1~ I--- I i :: i , I-- l- . ; V ~ I i ~ I----,; I: .~ I J I- :'\ i-' _ "--= .~ ~\ ¡:: ~ I ~!~ll I- .. I- /' '(\ \ ..;. *,ffl~ -;- {TI I I =;;~ I--- , . , ~ ~ .: " -II ~ != , , '" ~ ,~ -- ,/1/ =-, 1- 'r "I lIT ¡ l- i -U 11 /. i ~ /=~ .I. , .; " "~ I.. /~ ~ ! \-. I·. ~ -; ¡\\ . ..~ ////\ \, .... '1 // ..... '7/'/ '. BfAlOER PRopERTY HAzEN AND SAWYER Environmenlal EnQineers & Scientists '-" 'wi PROJECT NAME: Hidden River Estates Drainage Retrofit PARCEL: Bender - Port St. Lucie, Section 6, Block 380, Lot 2 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACOUISITION ONLY ~ THIS AGREEMENT made this ftday of ~~~e..",^~/, 2000, between NAOMI S. BENDER. the unremarried survivin~ spouse ofEDW ARD K. BENDER. Deceased. whosemailingaddressis506MidlandRoad.SilverSprin~.MD 20904 and EDWARD S. BENDER and JUNE R. SPENCER. his wife, whose mailing address is 6524 78TH Street. Cabin John. MD 20818-1309 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. PURCHASE PRICE AND METHOD OF PAYMENT. $'6l '\) ~ ' y ",~re_JI: 0 C - '" L- 1t1~ ó't\.e. I The full purchase price is S&Wn Thousand and no/lOO----------------------------- f~'()O) ^ 1. Dollars, determined to be the total of the following: $81\i:¡C-N -$~..tlOO.1JO Real Property (Land) and Buildings Other Improvements upon the Land (described, if any) $N/A Personal Property (Described in Exhibit "C", if any) $N/A Severance Damages $N/A Other (describe) $N/A Hidden River Estates Drainage Retrofit - Bender Contract 1 '-" 'wi payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. This Contract for Sale and Purchase is contingent upon the acceptance of Contracts for Sale and Purchase and simultaneous closings on all parcels located within the area shown on the Parcel Map attached as "Exhibit B". If the Contracts for Sale and Purchase on the parcels located within the area identified in "Exhibit B" are not accepted, PURCHASER may terminate this Agreement. The PURCHASER, in its discretion, may decide to waive the contingency referenced above and exercise the option without all parcels being acquired. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fee on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 Hidden River Estates Drainage Retrofit - Bender Contract 2 \...- .....,¡ days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No-Lien Mfidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. Hidden River Estates Drainage Retrofit - Bender Contract 3 \r..I "-" 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before December 1. 2000 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subj ect to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault ofthe PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of Hidden River Estates Drainage Retrofit - Bender Contract 4 ~ .....,¡ such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. - This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds ofsale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense ofthe PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. Hidden River Estates Drainage Retrofit - Bender Contract 5 \w- ....,J 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of anyone of the SELLERS to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions ofthis agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) Annexed hereto and made a part thereto as Exhibit "D" is a list of all leases, tenancies, and occupancies affecting the rent, expirations, and security deposit if any, with respect to each such tenancy or occupancy, which SELLER warrants and represents is true and correct. There are no other leases, occupancies, or tenancies except as reflected in said Schedule; and none will be agreed to prior to closing without PURCHASER'S consent. True and correct copies of all said leases, if any, have been delivered to PURCHASER; and SELLER warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit liD", alterations, installations, and other work Hidden River Estates Drainage Retrofit - Bender Contract 6 ~ ...,I required to be performed by the landlord under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the subject property and upon the closing date no such commission shall be due and unpaid. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property other than those set forth in Exhibit liE" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "E" is a valid, bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms- length transaction. True and correct copies of said instruments have been delivered to the PURCHASER, and the SELLER represents that there are not now and will not be at the date of closing, amendments or modifications or any waiver by any party of any of the provisions thereof. (c) Neither SELLER nor the respective tenants nor parties to any ofthe agreements listed in Exhibits "D" or "E" attached hereto are in default under the terms of said Agreement or instrument. (d) None of the tenants on the premises have been given any concession or consideration for the rental of any space applying to any period after the closing; and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) SELLER warrants and represents that no other agreements concerning Hidden River Estates Drainage Retrofit - Bender Contract 7 '-' ...,,¡ employees engaged in the operation and maintenance ofthe subject property or employment contracts exist, except as set forth in Exhibit "F" attached hereto, copies of which agreements have been delivered to the PURCHASER. (f) Annexed hereto and made a part hereof as Exhibit" G" is a list of all policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to PURCHASER true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER (h) Neither the whole nor any part ofthe subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (i) The buildings, parking area, driveways and all other improvements upon the premises are, and at closing shall be, all within the boundary lines of the property as described in the Deed thereof; and there are no encroachments thereof. G) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, Hidden River Estates Drainage Retrofit - Bender Contract 8 '-" "-wtI - resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and ifupon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses Hidden River Estates Drainage Retrofit - Bender Contract 9 '-' .....".. shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by PURCHASER this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA - BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney ~ R this (l-day orÇ,-<fc....Juz./ , 2000. ~-!~ NAOMI S. BENDER 7 tness as to Naomi S. Ben er Hidden River Estates Drainage Retrofit - Bender Contract 10 '-' Hidden River Estates Drainage Retrofit - Bender Contract 11 ¥ /A.J S.~, EDWARD S. BENDER ~/~~ JUNE R. SPENC R '-' --' EXHIBIT "A" LEGAL DESCRIPTION Port St. Lucie, Section 6, Block 380, Lot 2, according to the Plat thereof, recorded in Plat Book 12, Page 36A through 36C ofthe Public Records of St. Lucie County, Florida. - Hidden River Estates Drainage Retrofit - Bender Contract 12 '-" .....,1 EXHIBIT "B" PARCEL l\1AP ~ Contingency Parcels WHITE AVENUë: 70.85 I 80 CI:J 80 i II;) 60 tZ.5 "7.~5 /I ~I It! .... ... IZ~ In ;:; 9 ;:; H I~;~ e ~ 00 eo I eo 80 t2j I ~ ~' I~ 2 ~ J ;; 4 ~I 5 E 6 on 7 II) :! ~ i aD 80 eo I DO DO , 125 ELWOOD AVENUE 80 eo eo eo 1St) 00 as Jé~ l!;~ ", u;! rz;; " ;; '" H :! 10 BO eo 80 eo !l0 80 85 eo 80 80 80 60 00 105 .. .... 4 ;:; 5~ ®'" ì "" B :c S '" ... ~ '" 6 ~ ~ ~ ~ eo eo 80 ~!.\ !l0 !l0 !}O '105 HOLLAHAN AVENUE eo a:J BO 80 eo ClO ð:J ~ 18;; 17;; 16 ;1 I5E .4~ IJ ~ 12 ~ II o( ~ eo BO 00 ao 8::1 !!5 J ~ -4 ~ 6 ~ 7 ;:; 8 ~ 9 ~ 10 '" ~ eo eo 80 eo eo 80 80 !IS WHITEHURST AVENUE rQó...J7 80 I 80 co e:¡ BO tlO DO BO Q5 0 za ~/9~ In .... 16;; rsE f~ on 1'3 ;; 12 ~ II '" .n Jð~ rr~ ~ ::! ~ . Q~.7a ee co 80 80 eo BO !I~ e:¡ 9~ ~ = N ..., ., N ~ ®\J ... on 10 ;J CO! f .... CI .., CI 5 ~ 6 on .,. C! .... 0- .,; 2 .0 J... -I ... ...: .,. 7 ..,. e "" !? .n ~ ~ ~ ~ ~ ~ ..., ... ~ ~ ~ ~ 93.1.3 80 eo AO flC BO BO ðO eo ~ FALLON DRIVE Hidden River Estates Drainage Retrofit - Bender Contract 13 '-' ..."J EXHIBIT "C" PERSONAL PROPERTY LISTING ~ - Hidden River Estates Drainage Retrofit - Bender Contract 14 '-' ....", EXHIBIT "D" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 0~ Hidden River Estates Drainage Retrofit - Bender Contract 15 '-' .~ EXHIBIT "E" CONTRACTS, LICENSES AND AGREKMENTS ~~ - Hidden River Estates Drainage Retrofit - Bender Contract 16 '-' ...", EXHIBIT "F" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS ~~ - Hidden River Estates Drainage Retrofit - Bender Contract 17 '-" EXHIBIT "G" POLICIES OF INSURANCE ~? Hidden River Estates Drainage Retrofit - Bender Contract 18 ..." · '-' AGENDA REQUEST ....", ITEM NO. c-3-A_ DATE: October 3,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Pop Warner Football League Field Storage Building BACKGROUND: During the 1999-00 budget hearings, the BOCC approved $30,000 to be taken out of Park A (Ft. Pierce)lmpact Fees to construct a storage facility at the Pop Warner Football League field. The actual bids are in and the lowest bid received is from RCD at $33,080. Currently, we have $24,475 left in the budget for this project. Pre-construction costs including an unexpected topographical survey total $5525. This leaves us approximately $12.000 short of having enough funds to finish this project including the required landscaping and utility hook-up. A commitment has been made to the Pop Warner Football League by the County to provide this storage shed before the end of this year's football season. FUNDS AVAILABLE IN: 310002-7210-563000-700 Improvements Other Than Buildings Un- allocated From Park A (Ft. Pierce) Impact Fees PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests thatthe Board of County Commissioners approve the use of an additional $12,000 out of Park A (Ft. Pierce) Impact Fees to complete construction of a storage building at the Pop Warner Football League field. [ ) APPROVED [] DENIED ~] OTHER: Pulled prior to meeting. CE: COMMISSION ACTION: Anderson ty Administrator .;t~ County AttorneyD ·f Originating Dept:-r . g . Finance: (Check for Copy only, if Applicable) Mgt. & Budget; Purchasing Mgr.: Other: Other: Eff. 1/97 H:\WP\pop warner agenda.wpd ,. '-' "'" Breakdown Of Costs For Pop Warner Football Leag. 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O~ ~ ~ 0 ~ < ::!E:': ~ :.:5!~~~..... ~Q:~~~ð ~.....Oill) G~«II)-i~:.::': ~""'o«g¡:¡~~~~ II) ...IW«ena.- ~1I)~551~~8° II)~~V'ZUÕ ;~Q~8~~~~ W>.c ;¡!::I-~ g~æ::!E~5!~::s ~~:s~;:¡:¡¡~;:~::!~ 8 ~ 8 ",1010 =. N· N· 10 '" _ o ~ Z ...I o ...I U. I:( W U U 0...1 en8 me. =?~ 5::1 ::I ...I ::!E¡"; .....en en..... za: 00 a. '" fD ... ... N II) ~ ci ~I " <II oj ...I ~ £1.1 I:( ~ ~ õ ~ º o I:( S ::I ~ w C) o ::I $! ¿; ;; '-' ....", BOARD OF COUNTY COMMISSIONERS LEISURE SERVICES _ MEMORANDUM ~ jJ } {j'') )/~ I)I'V~ 0 <) q l' / r~,) ~ b f '1\/ -1' , ~ (~ ~11 () r V" t· nfl.:') ii '//'" v" J) ,.,-/" / ~~ I fì ~ r~;fr~ vV~ To: From: Thru: Date: Subject: Doug Anderson, County Administrator Linda Brown, Leisure Service~ K> Pete Keogh, Interim Director' I·'K~ September 25,2000 Pop Warner Football Storage Building During the 1999-00 budget hearings, the Board of County Commissioners approved $30,000 to be taken out of Park Impact fees to construct a storage facility at the Pop Warner Football League Field. The actual bids are in and the lowest bid received is from RCD at $33,080. Currently, we have $24,475 left in the budget for this project. Pre-construction costs including an unexpected topographical survey total $5525. This leaves us approximately S12,OO(Uhort of having enough funds to finish this project including the required landscaping and utility hook-up. A commitment has been made to the Pop Warner Little League by the County to provide this storage shed before the end of this year's football season. Staff recommends that we apprise all interested parties of the situation and then agenda a request before the BOCC to allow us to take the $12,000 needed to complete this project out of Park A (Ft. Pierce) Impact fees. We would appreciate your recommendation or your approval of staff's recommendation to go before the BOCC. If you have any additional questions, please let us know. cc: Robert Bradshaw, Assistant County Administrator [õ) , m n 'ì!J [- Don McLam, Projects Manager lJü . 2 ~ 200r, -1 JOHN D. ßRUHN, Disrricr No.1. DOUG COWARD. Dlsrricr NO.2· PAULA A. LEWIS. Disrricr No..J . FRANNIE HUTCH SON. D~thér ~-[r¿.·:' ål~r~ARNES. Disr¡cr NO.5 Counry Adminisrroror - Douglas M. Anderson - . 2JOO Virginia Avenue · Phone (561) 462-1515 · TDD (561) 462-1428 , ,¡ '-' ......, DEPARTMENT OF LEISURE SERVICES MEMORANDUM .- TO: Commissioner Bruhn FROM: Don McLam, Projects Manage~~\~~ DATE: September 7, 2000 SUBJECT: Pop Warner - Storage ***************************************************************** Several questions have arisen in relation to the storage area being built for the Pop Warner Football League at Ilous Ellis Memorial Park. I hope the following information helps answers some of those question. January 28,2000 We entered into an agreement with Edlund & Dritenbas (Architects) to design three building, one of them being the Pop Warner Storage Area. Cost $3,540.00 Plans were drafted and reviewed several times. As part of the ci ty requirement, we needed to do a boundary survey, site survey and utility survey. We worked with the city to disregard the boundary survey (which is very costly) . June 5, 2000 Ron Harris requested a Work Authorization with Lindahl, Browning, Ferrari and Hellstrom (Engineering) for the topographic survey. Cost $1,985.00 August 21, 2000 Requested Purchasing to proceed with the bidding of this project. September 6th was the pre-bidding meeting. Attached September 20th is the bid opening. Amount remaining $24,475.00 Once we receive a building permit from the City of Ft. Pierce the contractor will have three weeks to construct the building. If everything goes smoothly from this point on the building should be ready by the end of November. The funds for this project will be carried forward. .' ~ ~ ........ AGENDA REQUEST ITEM NO. C- 3£> DATE: 10-3-00 REGULAR [] PUBLIC HEARING [ CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh, Interim Director SUBMITTED BY(DEPT): Leisure Services SUBJECT: Permission to apply for a FRDAP grant-Savannas Recreation Area BACKGROUND: Staff has been working on a grant application for the Savannas Recreation Area which must be submitted to the state Department of Environmental Protection prior to October 13, 2000. The grant amount is $400,000 with a 50% match required. Meetings have been held with each Board member and community groups such as the White City Improvement Club and Indian River Estates Homeowners Association. A public meeting was held on August 23, 2000. Staff is confident that the points accumulated will result in a grant award in July 2001. PREVIOUS ACTION: On September 12, 2000, the Board approved the reallocation of Investment for the Future funds to provide matching funds for this grant application. FUNDS AVAILABLE: Matching funds will be made available in 316.7240.599330.700 (2001-02) (County Capital, Park Improvement Reserves) RECOMMENDATION: Staff requests permission to apply for a FRDAP grant for renovations and improvements at the Savannas Recreation Area. [X ] [ ] APPROVED OTHER: DENIED ou las M. Anderson Co nty Administrator COMMISSION ACTION: .(~ .)-<1. Review and Approvals Management & BUdget~~~~.,· ; ,,;;~purchasing: ~- County Attorney: r¡ O .. . D (l r~g~nat~ng ept. . /' . Other: Other: Finance: (Check for Copy only, if applicable)___ -. .. -.........- ...- --- -- , .(' . '-'" """ ST. LUCIE COUNTY '-" FRDAP GRANT APPLICATION 2001 - 2002 \... , ~ ~VANN ~ ffimæI~JEAlTII@W Æill~A ~íJ t:I [1QlJ©D~ @@O:D~íJW [[)@&OO[Q) @[? @@(1!JCKIlf\:( ©@~~O~~U@~ŒW@ ~œ~~Ga~8~ PREPARED BY: ST. LUCIE COUNTY LEISURE SERVICES DON MCLAM PATTIRAFFENSBERGER \..... - - - " . 't FLORIDA DEP~TMENT OF ENVIRONMENt"JItI.. PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT APPLICA TION PACKAGE INTRODUCTION The Florida Recreation Development Assistance Program (FRDAP) provides grants to local governmental entities to acquire or develop land for public outdoor recreation. The Florida Department of Environmental Protection (DEP), Bureau of Design and Recreation Services administers FRDAP. DEP evaluates grant applications according to policies and procedures described in Chapter 62D-5, Part V, Florida Administrative Code (F.A.C.). Thts is commonly known as the FRDAP Rule. Applicants should familiarize themselves with these policies and procedures. TIús packet will assist all applicants in preparing and presenting the infonnation needed for DEP to evaluate proposed FRDAP applications. GENERAL APPLICA nON INFORMA TION Please submit the application in a SOFT COVER 3 prong binder (please, no HARD 3-ring binders). To facilitate the review and scoring process, label or tab all support documents or attachments. We appreciate your cooperation. A proposed FRDAP project must be for either acquisition or development of land for public outdoor recreational purposes. If an acquisition project receives a FRDAP grant, the applicant must develop the acquired site for public outdoor recreation use within three (3) years. A development proposal should consist of the complete or partial development of the site for public outdoor recreational use. The grantee will have up to .two (2) years from the effective date of the project agreement to complete the project. A development project may consist of one improvement or a group of related improvements designed to provide primary facilities for outdoor recreation. Secondary or support facilities or improvements for access, safety and protection of the project are viable project components, but should not dominate the proposed project. Primary facility costs must be greater than or equal to fifty percent of the total project cost. Support facilities alone do not constitute an eligible project, except projects which provide or improve sandy beach access. Eligible areas and facilities are described in the FRDAP Rule. The Department's perfonnance and obligation to award program grants is contingent upon an annual appropriation by the Florida Legislature. MAXIMUM GRANT FUNDS AN APPUCANT MA Y REQUEST FOR FY 2001-2002: $200,000 GRANT MA TCH RA TIOS: (Based on the grant cap of $200,000) Project Cost $50,000 or less $50,001 to $150,000 $150,001 up to $400,000 State Share 100% 75% 50% Grantee Share 0% 25% 50% Project Cost = Grant Funds + Grantee Match Please refer to Chapter 62D-5.055(4), F.A.C. for complete infonnation on match requirements and match types. Page 1 of19 FPS-A033 " . ..\. '-" "'-" EVALUA TION PROCESS Following DEP staff review of the applications, DEP will notify applicants of any deficiencies. Missing or incomplete documentation will usually constitute a deficiency. Applicants must submit requested deficiency infonnation within fifteen (15) working days from date of deficiency notification. After the deficiency period, DEP ranks all eligible applications in accordance with the evaluation criteria set forth in the FRDAP Rule. APPLlCA TlON SUBMISSION~FORMA TION Applicants must submit proposals for FRDAP grants on application fonn FPS-A033. DEP evaluates applications on the basis of the infonnation pt9vided by the applicants, except where such data is superseded by official DEP infonnation. Failure by an applicant to present all required application infonnation and documentation may result in the application being declared ineligible for funding consideration. Failure by an applicant to provide accurate infonnation and documentation relating to the evaluation criteria for the proposed project set forth in the FRDAP Rule may result in a loss of points for the applicant's competitive score. ' Applicants must submit three copies (1 original and 2 copies) of the completed application and all supporting documents during the announced submission period of September 13,2000, through October 13,2000. Applications must be postmarked NO LATER THAN October 13, 200b, and submitted to: DEPARTMENT OF ENVIRONMENTAL PROTECTION DMSION OF RECREATION AND PARKS BUREAU OF DESIGN AND RECREATION SERVICES 3900 COMMONWEALlH BOULEVARD, MAIL STATION 585 TALLAHASSEE, FLORIDA 32399-3000 If questions arise while preparing the application, please contact the Bureau of Design and Recreation Services at 850/488-7896 or SUNCOM 278-7896. Please Note: If you plan to prepare this document by retyping or downloading it to your computer, the language and format used must exactly match this application. This application may be downloaded from the Internet at: httpllwww.dep.state.ß.us/parkslbdrs Available program funds for fiscal year 2001-2002 are contingent upon an appropriation by the Florida Legislature. Page 2 of 19 FPS-A033 · ., FLORIDA D~RTMENT OF ENVIRONMENt'Xf. PROTECTION FLORIDA RECREA TIONDEVELOPMENT ASSISTANCE PROGRAM PART I - GENERAL INFORMATION (DEP USE ONLY) RECEIVED: POSTMARKED.: APPL. NO.: 1. APPLICANT INFORMA TION A. Name of Applicant: St. Lucie County B. Federal Employer Identification Number: 59-600085 C. Population: 180.000 D. Current Operating Budget: 275,000,000 (This is the óperating budget for ,he city. county or special district, no' just the department budget) E. Contact Person: Don McLam Title: Pro; Ht Manager (Leisure Service) (The contact person is someone who will be in direct contact with DE?) Address: StreetIPO Box: 2300 Virginia Avenue City/State: Ft. Pierce, Florida Zip Code: 34982 Telephone:(561) 462-1514 E-mail: I:DonM@stlucieco.gov FAX: 561-462-1940 If project is not funded, please check here if grantee wishes to receive application back.. D I hereby certify that the information provided in this application is true and accurate. I further certify that I possess the authority to apply for this grant on behalf of the applicant. Signature of Authorized Representative Date 2. PROJECT INFORMA TION A. Name of Project: Savanna Recreation Area B. Project Type (Check One): Project cannot be acquisition and development x On land owned by applicant On land currently W1der site control by applicant Date site control expires: May 2012 Development: Acquisition: Development projects must be under site control by the close of the submission period (October 13,2000). Include a copy of the site control documents (e.g., deed, lease, etc.). (please Tab as Exhibit "K") C. Project Location: Street Address: 1400 E. Midway Rd. -. City: Ft. Pierce COW1ty: St. Lucie Page 3 of 19 FPS-A033 , " '-'" "'" The Savannas Recreation Area was created in 1963 by the City-County Recreation Committee of Fort Pierce and St. Lucie County. It is located within the city of Fort Pierce, approximately 2 miles east of U. S. 1 and one-half mile from the Indian River Lagoon. It is part of a 13 mile strip of freshwater marsh beginning at the St. Lucie County-Martin County border and abuts the Savannas State Preserve. The eastern edge of the Savannas is a sandpine scrub community. Many of the plants and animals, including the Scrub Jay, Gopher Tortoise and the Fragrant Wooly Cactus are endangered. Ninety percent of all scrub left in St. Lucie County is in the Savannas. The main threat is off-road vehicles that roar over the sand ridge. This Recreation Area includes 550 acres, 25 of which are dedicated to camping. The remainder of the area is used for fresh water fishing, hiking, bird watching, picnicking and canoeing. There are 68 camp sites including unimproved sites, water and electric hookups and water, electric and sewer hookups. Other facilities include bath facilities, washers and dryers and separate areas for group gatherings. It is managed through lease agreement by the St. Lucie County Board of County Commissioners. Access to the property is very convenient. The campground can be reached by exiting 1-95 at Midway Road and traveling east, across US 1, a distance of approximately 6 miles. Local residents traveling South Indian River Drive can turn on Midway Road and travel west, approximately one-half mile. '-' "" D. LEGISLATIVE DISTRIcrS IN WInCH THE PROJEcr SITE IS LOCATED: This should be the Senate and House district in which the proposed project site is located. If you are not sure of the district, contact your local office of the Supervisor of Elections. (There is only one each.) State Senator: William "Doc" Meyer!'; Senate District Number: 27 State Representative~ Ken Pruit t House District Number: 81 E. Briefly describe the physical characteristics of the project. Include land resources, vegetation, fish and wildlife, historical, archaeological resources, previous land usage and transportation access as well as other pertinent information. See Attached 3. FINANCIAL INFORMA TION A. FRDAP Funds Requested Line A $ 200.000 B. Local Funds Available: 1. Cash: Line B $ 200,000 2. In-Kind: Line C $ 3. Land Value Line D $ Ifproperty is developed, land value CANNOT be used as a mateh. Total Local Funds Available: Line E $ 200,000 Sum of lines B, C and D C. Total Cost of Proposed Project: Line F $ 400,000 Sum of Lines A and E The Total Project Cost (Line F) must equal the grant request (Line A) plus the totalloealfunds available (Line E). This figure (Line F) should not total more than $400,000 for the purpose of this application. Page 4 of 19 FPS-A033 '-" "'" D. Project Cost Estimate (COMPLETE ONLY FOR DEVELOPMENT PROJECTS): Ifland value is used as match. it should be included under primary cost. Primary costs include all recreation facilities and opportunities. Primary cost must be equal to or greater than fifty percent of the total cost. Attach a separate sheet if needed. Remember to include each element in your conceptual site plan. PRIMARY RECREATION AREAS AND FACILITIES: Including. but not limited to, beach access. picnic facilities. fishing piers, ballfields. tennis courts, bicycle trails. etc. Costs of planning and site preparation should be included within the cost of each element. Quantity Description -- Estimated Cost 1 Activity Pavilion / Restroom 100,000 N E W 5 Family Picnic Sheltt.l"s 48,650 -, R E 3 N Pavilions 30,000 0 v 20 Camp Sites 40,000 A T I 0 N s Total Primary $ 218,650 SUPPORT FACILITIES AND IMPROVEMENTS: Parking. restrooms, landscaping, security lighting, and such other costs should be included under support costs. Costs of planning and site preparation should be included within the cost of each eliment. Amenities such as benches, trash cans, utilities. water fountains, or bike racks will receive no points when being scored. Quantity Description Estimated Cost N 1 Gatehouse 80,000 E Picnic Tables, w Various Trash Cans, Benches 21,350 R E 2 Restrooms N 30,000 0 v 1 Convert old Restroom to Laundry/Office/ 50,000 A Rec. Room T I 0 N . s Total Support $181,350 TOTAL COST OF PROPOSED PROJECf S 400,000 Page 5 of19 FPS-A033 ~ '" PART 11- EVALUA TION CRITERIA I. GENERAL EVALUATION CRITERIA 1. CAPITAl.. IMPROVEMENT PLAN A. Is the proposed project identified, in whole or in part, in the applicant's capital improvement plan or schedule during the current or next three (3) fiscal years? (20 points) x Yes No --- OR n_ B. Is the proposed project identified as part of the plan through an adopted resolution committing the applicant to amend their capital improvement plan or schedule and complete the project should it receive program funds? (10 points) Yes No If "Yes," provide a copy of the five-year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan - OR - a copy of a resolution amending the existing schedule to include the proposed project. The capital improvements schedule must clearly indicate the proposed project. Please highlight project name, amount and year. (please tab as Exhibit " A") 2. STATE COMPREHENSIVE OUTDOOR RECREATION PLAN A. Explain how the proposed project would address one or more of the issues or goals identified in the State Comprehensive Outdoor Recreation Plan. Use the OUTDOOR RECREATION IN FLORIDA -1994 (SCORP). Provide quotations or other appropriate references with explanations to justify the correlation. (please tab as Exhibit "B") (4 points) EXHIBIT "B" Page 6 of19 FPS-A033 "" .."" EXHIBIT B The Savannas Recreation Area project would implement at least three of the policies most directly affecting the State's outdoor recreation programming efforts: -Acquire, retain, manage and inventory public lands to provide recreation, conservation and related public benefits. -Expand state and local efforts to provide recreational opportunities to urban areas, including the development of activity-based parks. -Encourage the use of public and private financial and other resources for the development of recreational opportunities at the state and local levels. (Outdoor Recreation in Florida 1994, page 9.1) In addition, this project is consistent with several of the recommendations for future action--tourism, canoe trails, hiking trails and picnicking. Improvements and additions to the Savannas Recreation Area will increase the opportunity for campers and day users. Improved facilities will be more attractive to out-of-town visitors, increasing tourism. As changes occur, the county will develop a support group and volunteers who will begin to solicit private funding and work with community groups to raise the awareness of the Savannas and increase its standing in the minds of residents and visitors. '-' ..., Bicycle Riding · ArchaeologicallHistoric Sites Saltwater Fishing (No Boat) · Freshwater Beach Activities Hiking · Horseback Riding · Freshwater Fishing (No Boat) x B. 1995 RELATIVE NEED INDEX BYREGION Locate the applicant's region and circle each priority resource/facility need as proposed in the project on page 5 of this application which is included in the applicant's planning region: (7 points) I VIII Bicycle Riding · Hiking · Freshwater Fishing (No Boat) Horseback Riding ·Freshwater Beach Activities·Outdoor Swimming Pool Use II Freshwater Fishing (No Boat) · Bicycle Riding ill Bicycle Riding · Saltwater Fishing (No Boat) N . XI v Bicycle Riding · Saltwater Fishing (No Boat) ...,.. .,,". ;:#1 -. .....~,. ... .. ,.,;-.~ VI Bicycle Riding· HikiIig· Saltwater Fishing (No Boat) Freshwater Beach Activities * Outdoor Swimming Pool Use vn Bicycle Riding * Horseback Riding VIII Bicycle Riding * Saltwater Beach Activities * Hiking * Horseback Riding Hunting * Outdoor Swimming Pool Use IX Bicycle Riding * Freshwater Beach Activities * Nature Study * Hiking Horseback Riding * Hunting * Outdoor Swimming Pool Use * Shuffleboard X Bicycle Riding * Freshwater Fishing (No Boat) * Hiking * Horseback Riding Saltwater Fishing (No Boat) * Freshwater Beach Activities · Outdoor Swimming Pool Use XI Horseback Riding * Hiking * Hunting * Freshwater Fishing (No Boat) Freshwater Beach Activities * Tent Camping * Outdoor Swimming Pool Use Page 7 of 19 FPS-A033 ~ 3. PUBLIC PARTICIPATION ..., Public Participation - Indicate which of the following apply (Check ALL that apply): x A. x x An advertised public meeting was held solely for the purpose of discussing the proposed project. Attach a copy of proof of publication for the advertisement. Meeting must be for the SOLE PURPOSE of discussing the project proposed in the application. If submitting 2 applications, must hold separate meeting for each project. The advertisement should indicate that the purpose of the meeting is to discuss aPRDAP grant for this project site. (please tab as Exhibit"C-1") (10 points) B. The project was discussed at a regularly scheduled meeting of the applicant's advisory board responsible for park, recreation and leisure service activities. Proyide a copy of the agenda and/or minutes of the advisory board meeting(s) where this project was dis~sed. The board must be an appointed group of citizens, such as a parks and recreation advisory board, who would normally review projects similar to the proposed grant application. Discussion must take place at a regularly scheduled meeting. Planning and zoning or similar boards may be used if a parks and recreation advisory board does not exist. CITY OR COUNTY COMMISSIONS ARE NOT CONSIDERED ADVISORY BOARDS. (please tab as Exhibit "C-2") (7 points) c. Public input on the proposed project was obtained through presentations to community organizations, neighborhood associations and/or a written opinion survey. Provide documentation (agenda, minutes or thank-you letter) showing that presentations regarding this project were made to community organizations or groups OR provide a copy of the survey instrument and a summary of the results and explain how the results relate to the proposed project. (please. tab as Exhibit "C-3") (4 points) 4. OPERATION AND MAINTENANCE Capability to develop, operate and maintain the project site: (please check ONLY one): x The applicant has a full-time recreation or park department staffed to provide facility development, programming and maintenance. If this option is selected, provide a copy of an agency organizational chart and a brief position description. (please tab as Exhibit "D") (6 points) FPS-A033 The applicant has demonstrated the existence of a full-time ability to provide facility development, programming and maintenance. If this option is selected, explain on a separate sheet. (please tab as Exhibit "D") (4 points) The applicant has other means of providing facility development, programming and maintenance. If this option is selected, explain on a separate sheet. (please tab as Exhibit "D") (2 points) Page 8 of 19 · . '-" 5. PARK PARTNERSHIP "PI The proposed project is supported through a written cooperative agreement between the applicant and a private or public entity in which said entity agrees to furnish 10% or more of the total project costs in cash, land, or labor services for the project with the applicant holding the leading management responsibility. Yes x No If "Yes", submit a copy of the cooperative agreement. Written agreement must be executed by the end of the submission period and quantify the donation in monetary units. (please tab as Exhibit "E")- (3 points) 6. TRAIL CONNECTIVITY The project provides for increased trail access by (a) connecting an existing, publicly owned and designated recreational trail with a project trail outside the project boundary; or (b) connecting two publicly designated trails outside of any park. Yes x No If "Yes", mark and indicate new project trail and where it connects to the existing trail(s) on the project site plan. (please tab as Exhibit "G") (5 points) II. DEVELOPMENT CRITERIA' (COMPLETE ONL Y FOR DEVELOPMENT PROJECTS) 1. NEW DEVELOPMENT List the existing facilities/improvements on the project site. Include improvements such as baseball fields, basketball courts, trails, boat ramps, etc. (Bullet lists are encouraged) (S points, if undeveloped) N/A 2. INFRASTRUCI'URE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA A. List the facilities which are addressed on page 5 of this application which are identified in the priority ranked index clusters of outdoor facilities needs for renovation and/or new construction identified within the applicant's population density as set forth in the Department's study. The study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida" has an effective date of December 1995. (See attached pages 12-16 for Priority Ranked Index Clusters. A project facility not listed in the priority ranked indexes will receive a score of a similar facility included in the indexes, as determined by the Department staff) Density 115 (Maximum 30 points) 6 - New Gatehouse 6 - New Activity Center 6 - Ren. to Laundry / Rec. Room 2 - Ren. Camp Sites 4 - New Family Picnic Shelter~ 3 - Ren. Picnic Shelters 5 - Ren. Restrooms 11 Total 32 21 FPS-A033 Page 9 of 19 '-' ...., B. Does the proposed project, in whole or in part, address the highest priority of infrastructure funding needs for the applicant's population density as set forth in the study titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA". Use the table below to determine in which priority funding need ranking the project falls. (Check ONLY one): x Highest Priority Funding Need (13 points) Second Highest Priority Funding Need (8 points) Rank 1 2 Population Density 1- Population Under 10,000 Fundin2 Index Construction 87.7 Renovation 84.0 Population Density 2 - Population 10,000 to 24,999 Funding Index Renovation 86.9 Construction 79.8 Population Density 3 - Population 25,000 to 49,999 Funding Index Construction 88.8 Renovation 76.7 Population Density 4 - Population 50,000 to 99,999 Funding Index Construction 93.8 Renovation 91.8 Population Density 5 - Population 100,000 and Over Funding Index Renovation 97.4 Construction 82.2 Rank 1 2 Rank 1 2 Rank 1 2 Rank 1 2 Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida Page 10 of 19 FPS-A033 ~ ...,., III. ACQUISITION CRITERIA (COMPLETE ONL Y FOR ACQUISITION PROJECTS) 1. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA List all the facilities that will be developed for this project. Only facilities identified in the top three priority ranked index clusters of outdoor facilities needs for new construction identified within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida", effective December 1995, will receive these points. (Priority ranked index clusters are attached as pages 12-16.) (15 points) 2. NEEDED RECREATIONAL ACREAGE Describe how the project provides for identified need(s) for additional park acreage pursuant to the applicant's adopted local comprehensive plan. (15 points) 3. CAPITAL IMPROVEMENT PLAN A. Is the proposed development of the property identified in the applicant's capital improvement plan (CIP) or schedule during the current or next three (3) fiscal years? Yes No (6 points) --- OR --- B. Is the proposed development of the property included as part of the plan through an adopted resolution committing the applicant to amend their CIP and develop the property should it receive program funds? Yes No (3 points) If "Yes," provide a copy of the five-year capital improvement schedule included in the applicant's adopted local comprehensive plan - OR -, a copy of a resolution amending the existing schedule to include the development of the proposed project. The capital improvements schedule must clearly indicate the development of the proposed project. Please highlight project name, amount and year. (please tab as Exhibit" A") Page 11 of 19 FPS-A033 Maintanance Building Full-Hookup Trail to Obsarvation Tower Access N & Shower Laun atian of room to -Office-Rec Rm of Restroom of Shelter of Shelter ft'ü' þ I!.l!!J@I1ti @@1!!JB!1'ü'W w:Q!&OOIID @IJ! @«OOIJOO'ü'W @@m¡;:¡¡D~$a@ìœtioo$ ~œ~~~~S~ Conceptual Site Plan Existing Grant . ._..--_.:..--~._::::::::::::::::: ,<. ~ "'.- '';,.. ....... Existing/Grant .¡;. ~ ., .' -- - r~ '-' AGENDA REQUEST ..",." ITEM NO. C-4 DATE: Oct. 3, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Public Safety Jack T. Southard SUBJECT: Emergency Management Preparedness, and Assistance Competitive Grant progræm (EMPA) BACKGROUND: per.mission to apply for the EMPA Competitive Grant progræm from the State of Florida, Department of Community Affairs, Division of Emergency Management. The grant if awarded will fund projects listed in the attached memo to the Board. (See Attached infor.mation) FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommend approval from the Board of County Commissioners to apply for the EMPA Grant Progræm to fund the attached projects and have the application delivered prior to December 18, 2000. [ X] [ ] APPROVED OTHER: ] DENIED glas Anderson ty Administrator COMMISSION ACTION: ~ .,-"" C' Originating Dept':-.-- - Other Finance: (Che k~or Copy only, If applicable) _____ Management & Budget Purchasing: County Attorney: Other: Eff. 5/96 ~ '-' INTER-OFFICE MEMO TO: BOARD OF COUNTY COMMISSIONERS FROM: JACK T. SOUTHARD, PUBLIC SAFETY DIRECTOR DATE: SEPTEMBER 26,2000 SUBJECT: PROJECTS TO BE FUNDED IF AWARDED BY THE EMPA COMPETITIVE GRANTS PROGRAM EMERGENCY MANAGEMENT REQUEST 1. Civic Center Bathroom Upgrade 2. Civic Center Wheelchair Lift 3. Civic Center Roof 4. Civic Center 500kw Generator and Enclosure, Fuel Tank 5. Civic Center - Install Electric Wiring and Switch for Generator 6. Civic Center - Parking Lot Survey, Design and Permitting 7. Road Department Traffic - Operations Building Hurricane Shutters 8. Fairgrounds - 150 Portable Stalls, to house large and small animal in the event of a disaster $ 58,000.00 18,000.00 300,000.00 80,000.00 22,500.00 50,000.00 5,000.00 100,000.00 TOTAL $633,500.00 H//wp/agendalempagrant-doug 1 () o :2- :J C CD C- O ::; ü 0,' ñ '7' ~ '" AJ ro < ro' :; g 0 :J ro -2. ~ ~ - õ' ëÞ :::) Q OJ ;¡:¡ ;:¡ ro 0. < ~ ëtj" ~ :: OJ ('") tg. 0 .c 3 ~ ¡¡; ro Õ '" c C" ~ ('") o 3 ~. Cõ ro ëD ro ¡¡; Õ 0. ro ¡¡; 3 5 ro (1 g '" ro ;:¡ ~ ¡¡; '" () g CD cr, ~ 5. 3 OJ ,.. ro '" c¡; (1 o 3 3 œ 5. ~ g' õ ëD (f) ro (') ëï: õj ~ ~ .t. 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Õ ;¡:¡ '" < ro' ::;: ('") o 3 ~. ¡¡; '" õ ~ '" ¡¡; 5. ;:: ö: c OJ ro < OJ ë: ~ g ..:> ~ I \ I I I I I I \ \ \ \ \ \ \ I I ~ ...., N ...., z c 3 C" ~ 5' to ('") OJ ¡¡; <D g Ñ' 5' <D OJ :J 0. ¡¡; (') :J" ;:¡ ñ' ~ a < ro' :: S. " o " o '" OJ ¡¡; ~ '" N ~ '" () o s: -c m -I ::¡ <: m G) ;u > Z -I > -c -c õ ñ :Þ ::! o z en o c m OJ -< .þ. ö o -c :; ." o ;u OJ o -I J: () -< () õ m en ~~ C' ~ ~, '" '" ~ g" Q" g- õ OJ ~ ê "'Eo ëiÍ ~r Q õ' Q. :J " 0. a '" ~ ª, == ~ ;:¡ OJ ~~ Cõ ~ ñ' ~ c¡j < ro' :: S. " o '¡¡;' (1 ¡¡; ~ ex> "'" w~ a" ~ ~. ~ ~ " '" ::!. we g 0 " õ ~ '" ro c " C" ~ 2, '*, ~ a õ' 0. :J '" g- Q ~-§: ::: õ' ~ ;:¡ ~ õ ('") o c ;:¡ .::¿ m 3 '" to '" ;:¡ (') '< s: OJ ;:¡ OJ '" '" :J ëD õ!. :Þ '" '" ;:¡ (') '< g r-, e ¡¡; ¡;;' ¡¡; ;:¡ (') '< a < ¡;;' ::;: N ...., '-..I .t. I I I ~I w ~ o ;¡:¡ ^ (f) :r o -0 (f) r o () ~ õ' ;:¡ '" -I OJ ¿: N (f) '" (') ro ¡;; ~ :J OJ 3 '" '" o ('") }> ;¡:¡ ro < ro' :: ('") o 3 ~ ¡¡; ro s: ro 3 C" ~ '" ~I I I I I I I 1 I I I I I N o .t. I I \ I I I I I \ \ \ \ I \ I ~ ;9 §: ñ ~ g" s. z 52- ë, ro S. ? ë. > < =:. ¡¡; ~ .::¿ ...,. õ " ¿: ~ () OJ CD :J Q. QJ ..., o - m < CD cn~ CD 0 "0 ~o ,.J ..... C/I - o ..., ..... ::r CD m So :g<~ C/I"iJ () 0 ~ o :J ..... :3 :::¡ "iJ g, ¡:¡; (f) ~m~íli !:!::30..... <CD_CD CD ..., G) tg ~ 0 "":J:3ï1 ~ C'") ;::;. '< :3 0 c: -. :J 0- ~ z o < ""OS ..., OJ o :J cc OJ @cc ~ 3 CD ..., :J C/I "..... -<; C/I N o o o I N o o o () r ..... '< :Þ - - OJ o CD :> c.. C> :J ïl~ CD g ü...... - OJ :J 0.. N o o s: II) :"' - :Þ " , N o o N ..., s: II) '< c.. c ::; c:> '-- c -< '-' """ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" STEVEN M. SEIBERT Secretary IEB BUSH Governor September 20, 2000 MEMORANDUM TO: Emergency Management, Preparedn ss, and Assistance Trust Fund Mailing Lists FROM: Joseph F. Myers, Directo Division of Emergency M SUBJECT: Advance Notification Regarding Availability of Funds-Emergency Management, Preparedness, and Assistance Competitive Grant Programs The Department of Community Affairs is providing you with advance notification of its intent to open two grant cycles. Both the Fiscal Year 2000-2001 and the 2001-2002 application cycles for competitive awards from the Emergency Management Preparedness and Assistance (EMP A) Trust Fund will be offered under one Notification of Funding Availability (NOF A). We anticipate that the official NOF A will be announced in the September 29,2000 edition of the Florida Administrative W eeklv, with a proposed submission deadline for both cycles on December 18, 2000. Pending no appeals, funds provided under the Fiscal Year 2000- 2001 cycle will be available around April 1, 2001. Funds provided under the Fiscal Year 2001-2002 cycle will be available no earlier than July 1,2001. The Department encourages all interested and eligible parties with projects that will enhance emergency management capabilities within the State of Florida to apply for awards during this open period. When applying during this open period an applicant may submit two separate projects for each cycle, or the same project for both cycles. As provided for in Rule Chapter 9G-19, F.A.C., two programs offering competitive awards encompassing four separate categories are available as follows: 2555 SHUMARD OAK BOULEVARD· TALLAHASSEE, FLORIDA 32399-2100 phone: (850) 488-8466/Suncorn 278-8466 FAX: (850) 921_0781/Suncom 291-0781 Internet address: htrP://www.state.fl.us/comaff/ flORIDA KEYS .,.. .,.,__, c....... r,.,nrprn Field Office GREEN SWAMP Area of Crilical Slate Concern Field Office 205 Easl .\1.1in Slreet. Suil'! 104 ...___w &:1...,;...... l1RH\...U;·n ~ ...", Memorandum September 20, 2000 Page Two PROGRAMS . I) EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM - provides competitive grants to state or regional agencies, local governments, and private non-profit organizations to implement projects that will further state and local emergency management objectives. Multiple proposals may be submitted, however, no single application may request or receive more than $300,000 in grant funds. Each Florida state or regional planning agency, each private non-profit organization, and each municipality (as defmed in 9G-19.007 (4), F.A.C.,) shall be limited to no more than three (3) submissions in an application cycle. Funds available under this program for the 2000-2001 cycle - $3,475,030 Anticipated funds available under this program for the 2001-2002 cycle - $3,475,030 2) MUNICIP AL COMPETITIVE GRANT PROGRAM - provides competitive grants to municipalities that are legally constituted, have an authorized, established, and maintained emergency management program and have signed the Statewide Mutual Aid Agreement (SMAA) and supplied all required information and documentation such that the SMAA is ready to be signed by the Division of Emergency Management as of the date of the application deadline. Each Municipal Emergency Management Program may apply for one competitive grant under this program, not to exceed $50,000. Funds available under this program for the 2000-2001 cycle - $1,251,010 Anticipated funds available under this program for 2001-2002 cycle - $1,251,010 CATEGORlES I) Projects that will promote public education on disaster preparedness and recovery issues. 2) Projects that will enhance coordination of relief efforts of statewide private sector organizations, including public-private business partnerships efforts. 3) Projects that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the Florida Comprehensive Emergency Management Plan. 4) Other projects that will further state and local emergency management objectives designated as priorities in the applicable Notice of Funding Availability. '-' ...., Memorandum September 20, 2000 Page Three Priority Areas A) Projects that will promote and facilitate all aspects of Evacuation, Sheltering, and Special Needs Populations and will achieve the intent as set forth in the most recently adopted version of Section 252.385, Florida Statutes. Projects including but not limited to risk and host sheltering, signage, training, updated technology, shelter kits, cots, or communication equipment, etc. B) Projects which implement the community's Local Hazard Mitigation Strategy. The applicant must provide a copy of their Local Mitigation Strategy priority initiative list reflecting inclusion of their project(s). C) Projects which will iInprove emergency management capabilities in any of the following fundamental areas of preparedness, response or recovery: Wildfire Management Damage Assessment! Analysis Debris Management Community Neighborhood (Outreach) Citizen Waming Proposals must be clearly linked to all applicable Comprehensive Emergency Management Plans and must contain appropriate implementation and operational procedures. D) Projects that will improve the training and operations capabilities of agencies assigned lead or support responsibilities as identified on the ESF Matrix on page 38, figure 11 of the Florida Comprehensive Emergency Management Plan. Applications addressing the above (A through D) priorities should be submitted under Project Category #4, "Other projects that will further state and local emergency management objectives which have been designated by the State of Florida as priorities in the applicable Notice of Fund Availability" listed in Section I of the Competitive Grant Application Packet, May 2000 version, fonn #006. TO REQUEST THE RULE AND APPLICATION PACKET, SEE THE ENCLOSED APPLICATION REQUEST INFORMATION. '-'" ...., Memorandum September 20, 2000 Page Four In conjunction with this offering, eight EMPA Competitive Grant Preparation Workshops will be conducted during October, 2000. If you are applying for a grant under either of the grant cycles, it would be beneficial to attend one-of the eight workshops. There have been significant changes to the 9G-19, F.A.C. rule and application, including the availability of applying through the internet. More detailed information will be provided on the State's priority issues, a review of the Application format, a review of the Rule Chapter 9G-19, F .A. C. and other information relevant to the programs. TO PRE-REGISTER FOR ANY OF THESE WORKSHOPS, SEE THE ENCLOSED WORKSHOP INFOR1~TIONIPRE- REGISTRATION FORM. JFM/so Attachments ~ ~ State of Florida Department of Community Affairs Emergency Management Preparedness and Assistance Trust Fund Competitive Awards Program WORKSHOP INFORMATION / PRE-REGISTRATION FORM Applicants should select the workshop location they wish to attend and pre-register by MAIL, TELEPHONE or INTERNET. All workshops are from 10:00 A.M. until 2:00 P.M. October 2, 2000 Public Service Commission, Rm 166 Easley Conference Center 2540 Shumard Oak Blvd Tallahassee, FL October 11,2000 Palm Beach County EOC 20 West Military Trail West Palm Beach, FL October 4, 2000 . State Fire College, Auditoriu~ 11655 NW Gainesville Road Ocala., FL October 12, 2000 Hillsborough County EOC 2711 Hanna Avenue Tampa, FL October 6 ,2000 Homestead Air Reserve 29050 Coral Sea Blvd Homestead ARB, FL October 13, 2000 Lee County EOC 2665 Ortiz Avenue Fort Myers, FL October 10,2000 Volusia County EOC 49 Keyton Drive Daytona Beach, FL October 17,2000 Jacksonville Hilton Hotel and Towers 1201 Riverplace Blvd Jacksonville, FL (This workshop will be conducted prior to the SLA Conference) 1. Mail Registration Name: Agency: Address: City/State/Zip Code: Telephone:<--.) E-mail: Return this completed form to: Attention: EMP A TF Program Department of Community Affairs . Division of Emergency Management 2555 Shumard Oak Blvd Tallahassee, FL 32399-2100 2. Telephone Registration: (850) 410-1595 3. Internet Registration: www.dca.state.fl.us/cps/grants.htm THERE IS NO CHARGE FOR THESE WORKSHOPS MAPS ARE AVAILABLE UPON REQUEST ~ AGENDA REQUEST ...,¡ ITEM NO. C-S ~ DATE: October 3, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): Division of Forestry Joe Spataro Forestry Area Supervisor SUBJECT: Annual Fire Control Report BACKGROUND: The Division of Forestry is required to submit their Annual Fire Control Report to the County Commission. This report outlines the Fire Control activities for the past year. They request that it be placed on the consent agenda for Board acceptance FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends acceptance of the Annual Fire Control Report from the State Division of Forestry. COMMISSION ACTION: [xl APPROVED [ ] DENIED [ ] OTHER: CE: g sAnderson ty Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 """ "-' Florida Department of Agriculture & Consumer Services BOB CRAWFORD, Commissioner The Capitol · Tallahassee, FL 32399-0800 FP/ ANNUAL REPORT (\r0,·~t }J q\~ September 20, 2000 ¡'" '~/'r) \ (j v ;y '0\ ~) ~ 1\ ~,sr V' , ", /0 V 1109: <?/115 -,~__.._.~_r_·~~-;7--~T-=\i , ":-- --~----(2, \"s í1 \~ ~ I \', \ \ r -- \ ~ ~1 :0 I.) __.-"-"1 ': \ \ r .~_., j .'~4__; '~ \.;~ '. :,.; Mr. Douglas M. Anderson County Administrator Saint Lucie County 2300 Virginia Ave. Ft. Pierce, FL. 34982 Dear Mr. Anderson: SEP 2 S 2000 \ (~(). f\ ~-' \'-' ., ! () r~' r~ j ,,; r::_.J_._, Please find attached a copy of the Annual Fire Control Report as required by Division of Forestry Policy. This report outlines Forestry's Fire Control Activities for the past year and is intended for the County Commissioners. I have included the Operating Plan between the Saint Lucie County Fire District and the Division of Forestry. The plan outlines responsibilities for emergency response. The plan is a working document that also includes the capabilities of the Saint Lucie County Fire District and the Division of Forestry. Would you please place the report on the Commission's consent agenda and notify my office of the date it will appear before the Commissioners. If you have any questions or need any additional information, please let me know. SINCERELY pc: Bill Theobald, Deputy Chief, Field Operations Jim Rath, District Manager, Okeechobee '-" .....,¡ ANNUAL FIRE CONTROL REPORT SAINT LUCIE COUNTY As required by the Division of Forestry, an annual report is submitted each year to review the work undertaken by the Division during the past fiscal year. Currently Saint Lucie County is assessed $3,462.60 for fire protection of 115,420 acres. The following is a break down of Forestry activities from July 1, 1999 to June 30, 2000. Burning Authorizations - During the past twelve months the Division issued 2,409 authorizations, for 23,969 acres. The authorizations were for land clearing, agricultural, and silvicultural type fires. The numbers of authorizations are for the entire county, including the cities of Port Saint Lucie and Ft. Pierce. Please see "attachment A" for a complete list of authorizations by Burn Type and Acres. The Division of Forestry does not charge for burning authorizations or smoke complaint investigations. Fires - There were 26 fires this past year and a decrease in the total acreage from 1,334.7 to 573.5 acres. Please see "attachment B" for a complete list of fires by Cause and Acres. The Fire Department handled numerous fITes where our assistance was not needed; these are not reflected in this report. Lightning caused fires were the leading cause of wildfires this past year. Law Enforcement - We issued 18 Notice of Violations in S1. Lucie County to people for illegal burning, carelessly starting a fire, or allowing their fITe to escape. Suppression bills were sent to the known violators. Suppression billing is used instead of criminal proceedings for most first time offenders. Fire Prevention - Numerous news articles relating to fITe prevention and current fire situations were given to local newspapers. Several school programs were given to elementary schools throughout the county. Please see "attachment C" for a complete list of all fire prevention activities for S1. Lucie & Indian River Co. . "-' Annual Fire Control Report Saint Lucie County Page 2 .....,J R.C.F.P. Leases - The Saint Lucie Fire District currently has leased from the Division, one 4x4 one ton pickup, one 1/4 ton trailer, one 3/4 ton trailer that is used for a fuel trailer, one 5 kilowatt generator, two 60 kilowatt generator, and several D.O.F radios. The Division will upgrade the radios this next year for the Fire District upon request. D.O.F. Staffing for Saint Lucie County - The Division has one Forest Area Supervisor, one Senior Forest Ranger, and three Forest Rangers assigned to the County. The Okeechobee District has one Senior Forester (stationed in Ft. Pierce) and one Wildland Fire Mitigation Specialist on staff to assist with Forestry activities within our six counties. Other D.O.F. Assistance - The Division continues to work with the Indian River Lagoon Envirothon. This past year we participated in the Teacher's Workshop, the competition, and have members on the Technical and Steering Committees. The Division assisted local landowners and governmental agencies (state and county) with prescribed bums and presuppression fire lines. The Okeechobee District assisted with the F.F.A. Forestry Field Day competition. All Saint Lucie County chapters were invited. We assisted the County's Mitigation Committee to identify several areas in the county that will be burnt this next winter through the Hawkins Bill. Goals for FY 00/01- Our primary goal this year will be to continue to identify those areas in the urban/wildland interface that need wildfire mitigation work. Once they are identified, we will start the mitigation process, either by using the Hawkins Bill for burning or fuel management by mechanical means. The continuing cooperation between the Division of Forestry and the Saint Lucie County Fire District helped reduce the potential for the loss of life or additional property from wildfires this past year. In closing I would like to invite the county staff to call upon the Division of Forestry if they need assistance with any forestry related subjects. '-' ..,¡ ST. LUCIE COUNTY BURNING AUTHORIZA TIONS SUMMARY BURN TYPE AUTHORIZED FIRES AUTHORIZED ACRES AGRICULTURE 1,851 23,149 SIL VICUL TURE 26 170 HZRD. REMOVAL 25 170 PRIOR TO SEED 1 0 SITE PREP 0 0 WILDLIFE 0 0 ECOLOGICAL 0 0 OTHER 0 0 LAND CLEARING 532 650 TOTAL 2A09 23.969 SUMMARY FOR THE OKEECHOBEE DISTRICT INDIAN RIVER, ST. LUCIE, MARTIN, OKEECHOBEE, HIGHLANDS, AND GLADES COUNTY BURN TYPE AUTHORIZED FIRES AUTHORIZED ACRES AGRICULTURE 6,803 115,082 SIL VICUL TURE 207 19,935 LAND CLEARING 1,756 1,694 TOTAL 8.766 136.716 ATTACHMENT A '-' ~ ST. LUCIE COUNTY FIRES BY CAUSE SUMMARY CAUSE FIRES ACRES LIGHTNING 11 288.5 CAMPFIRES 0 0.0 SMOKING 2 5.0 DEBRIS BURNING 3 14.1 INCENDIARY 0 0.0 EQUIPMENT 0 0.0 RAILROAD 3 113.0 CIllLDREN 1 1.0 UNKNOWN 5 150.4 MISCELLANEOUS 1 1.5 TOTAL 26 573.5 SUMMARY FOR THE OKEECHOBEE DISTRICT INDIAN RIVER, ST. LUCIE, MARTIN, OKEECHOBEE, HIGHLANDS, AND GLADES COUNTY CAUSE FIRES ACRES LIGHTNING 155 10,239.9 CAMPFIRES 8 42.6 SMOKING 8 82.5 DEBRIS BURNING 51 2,784.0 INCENDIARY 29 630.2 EQUIPMENT 22 266.6 RAILROAD 12 172.7 CHILDREN 20 781.3 UNKNOWN 61 810.2 MISCELLANEOUS 31 1,537.8 TOTAL 397 17.347.8 ATTACHMENT B v ""'" FY -99/00 T.V. PLOWING PRESCRIBED ASSIST WITH NEWSPAPER RADIO APPEARANCE SCHOOLS CMC CLUB FIRE DEPT. HOURS BURN DOF BURN JULY 3 0 0 1 1 1 0 0 0 AUGUST 2 0 3 0 0 1 0 0 0 SEPTEMBER 1 0 0 1 0 1 0 0 0 SUB-TOTAL 6 0 3 2 1 3 0 0 0 OCTOBER 1 0 0 1 1 1 0 0 0 NOVEMBER 1 0 0 2 0 1 1.5 0 2 DECEMBER 1 0 0 0 1 0 0 1 0 SUB-TOTAL 3 0 0 3 2 2 1.5 1 2 JANUARY 2 0 0 0 1 1 8 1 0 FEBRUARY 3 0 0 0 0 1 10 3 3 MARCH 3 0 0 0 0 3 0 0 0 SUB-TOTAL 8 0 0 0 1 5 18 4 3 APRIL 3 0 0 0 3 3 0 0 0 MAy 4 0 0 0 0 4 0 0 0 JUNE 6 1 0 0 0 4 0 0 0 SUB-TOTAL 13 ! º º ~ 11 º º º FY-TOTAL 30 1 3 5 7 II 19.5 5 5 - - FY-99/00 - FIRE PREVENTION STATISTICS: OKEECHOBEE DISTRICT /D-16 Please Check the appropriate line: X F AS-3, Indian River & St. Lucie Counties FAS-4, Highlands & Glades Counties F AS-5, Okeechobee & Martin Counties '-" ......, OPERATING PLAN BETWEEN FLORIDA DIVISION OF FORESTRY AND SAINT LUCIE COUNTY FIRE DISTRICT FISCAL YEAR 00-01 ~ 'wtIi ~ TABLE OF CONTENTS Purpose . .... ..... . .... .. ...... . .......... ..... .. . . .. ... .. . ..... ........ ... ... .. . .., ........ . Page 1 Existing Agreement . .. . . . ... . ...... ..... .. . . ..... .. . .. ........... ... ....... . . . . .. . ... . Page 1 Mutual Aid Zones ..................................................................... Page 1 Burning Authorizations ..... ... .. ... . .. ..... ... .. . .. ... ....... .... ..... . .... .. .. .... Page 2 Incident Reports ........................................................................ Page 2 Fire Cause Investigation ............................................................ Page 3 Fire Prevention ................. ... ........ ................ .............. ................ Page 3 Prescribed Burning .. ...... ... ........ .,. ... ..... . . . ... .. . .. . .. .... . ... .. ...... .., .., .. Page 3 Training .... ...... . .... . ...... . ......... ......... ... ... .. ... ...... .. ........... ........... ., Page 4 Communications . . ., . . . ... ....... .. . ... ... ..... ... ... ., ...... .. ... ........ . ..... ..... .. Page 4 Facilities ..... . .. .. . .. . . ................. ... ........... ..... ........... .............. .. ... ., Page 4 Personnel and Equipment .......................................................... Page 4 Operations .. . .. . . .. . .. . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. Page 5 Financial Arrangement ..... . .. . .. .............. . . ... ., ........... ......... .. . ....... Page 5 Fire Readiness Level ................................................................. Appendix A DOF Training ............................................................................ Appendix B DOF Key Personnel .................................................................. Appendix C Fire Key Personnel ...... .... ... ........ . .. ... .. .. . .. . ........... . .... .. ...... . . . ...... Appendix D . . . A d· E Frre TraIIllIlg ............................................................................. ppen 1X Fire Equipment .......................................................................... Appendix F DOF Equipment ........................................................................ Appendix G '-'-' 'wtI '\ PURPOSE The purpose of this plan is to outline operating procedures between the Division of Forestry and the St. Lucie County Fire District within the framework of the St. Lucie County Cooperative Agreement. The respective agencies have always responded to a mutual aid call, with written guidelines that more completely address the type and extent of cooperation between agencies, creating a more effective relationship for the citizens of St. Lucie County. This plan will be reviewed and updated annually. A copy should be provided to each dispatch center for personnel to review. EXISTING AGREEMENT State of Florida Cooperative Agreement between the Department of Agriculture and Consumer Services and St. Lucie County establishes 115,420 acres of protected forest and wildland in the county. Written agreement between DOF and SLCFD allows SLCFD to operate on frequencies 159.315 and 159.405 licensed by the Division of Forestry. SLCFD will follow procedures established by DOF for these frequencies. SLCFD currently has one 4x4 pickup, one fuel trailer, one trailer, one 5 KW generator, and two 60 KW generator on loan from the DOF. The DOF will work with SLCFD to upgrade and replace this or provide additional equipment as needed as requested. MUTUAL AID ZONES The DOF and SLCFD will respond to any mutual aid request in any part of St. Lucie County. The use of the 911 system makes SLCFD first call. The SLCFD will call for assistance when the forest fuels are such that water alone is not an effective means of putting the fire "dead out." When the DOF is at a Fire Readiness Level #3 or above, DOF will call the St. Lucie County dispatch center and advise. The DOF will also notify when Fire Danger is critical or when Extreme Fire Behavior is expected and when 100% mop-up is needed or when the DOF should 1 \ '-' '-" " plow security lines around wildland fIres suppressed by SLCFD. (Fire Readiness Level Plan included in Appendix A.) Along local and county highways or other major high speed roadways, the DOF and SLCFD will provide all mutual assistance necessary to do 100% mop-up where the highways are prone to fog, smoke-related accidents or fIres that require large volumes of water. The Division of Forestry cannot respond to hazardous material incidents. DOF personnel are not properly trained and the DOF lacks the proper safety equipment associated with hazardous materials. The Division of Forestry can respond to dmnp or landfIll fIres to provide only logistical support. If a brush fITe starts as a result of a dump fITe, DOF will combat the brush fIre a safe distance from the site. Lack of safety equipment and training for DOF personnel will not allow direct attack. BURNING AUTHORIZATIONS The Division of Forestry is responsible for the enforcement of Chapter 590, Florida Statutes. An Intergovernmental Agreement between the DOF and Department of Environmental Protection has delegated a portion ofDEP rules, Chapter 62-256 Open Burning and Frost Protection Fires, to DOF. DOF has adopted Chapter 51-2 Rural Open Burning. The Division of Forestry will issue burn authorizations for all land clearing, agriculture, and silviculture operations in St. Lucie County. DOF will handle complaints and enforce the open burning laws and rules related to this type burning. DOF will provide the SLCFD a daily listing of all such authorizations by Section, Township, and Range. SLCFD can terminate any burn it deems unsafe or hazardous to the citizens of 8t. Lucie County or if fIre weather or conditions warrant. DOF will be notifIed of any termination of burning and for what reason. INCIDENT REPORTS Upon request, each agency will provide an incident report to the requesting agency. Until compatible telecommunications technology is mutually acquired by each agency, the incident reports will be mailed or dispatched, depending upon the urgency of the request. 2 '-' ....., FIRE CAUSE INVESTIGATION On each fire the DOF and SLCFD crews respond to, the initial operations attack crew will do a preliminary fire cause investigation. In those cases where enough information is obtained by that crew for possible criminal prosecution, the responding agency will notify an appropriate law enforcement agency such as the local sheriff, city police, DACS Investigator, or Fire Department Investigator. The law enforcement agency will determine whether the evidence is sufficient to proceed with an investigation or arrest. If the wildland fire damages structures or motor vehicles, SLCFD Fire Prevention Bureau will investigate and document the cause and origin of the fire. The DACS Investigator will be called to assist in the investigation. This information will be used by the SLCFD and also will be passed on to the DACS Investigator. The DOF will provide training for SLCFD personnel in the methods and techniques of wildland fire cause and origin investigation. The DACS Investigator will provide the SLCFD with the necessary information and forms for recording the fire cause. FIRE PREVENTION Quarterly, the agencies will compare wildland fires that have been suppressed and look for commonality to include, but not be limited to: date, day of week, time reported, information on person reporting fire, location by STR, cause of fire and first responding unit. This information will allow the agencies to better determine the type, cause and extent of wildland fITes that occur in St. Lucie County. From this, a more detailed annual prevention action plan can be developed and implemented jointly. PRESCRIBED BURNING The DOF may conduct hazard reduction bums in those areas of the WildlandlUrban Interface where it is determined the best tactic to protect life and property. The DOF will supply manpower and equipment necessary to successfully conduct the burn, There may be a need for additional resources and the SLCFD will supply those resources if available the day of the bum. 3 \.f. .""'" TRAINING Both DOF and SLCFD will jointly develop an annual training plan which is a part of this operating plan. (See Appendix B&E) COMMUNICATIONS Radio communications frequencies in the VHF range are available to SLCFD . Frequency 159.405 and 159.315 are DOF licensed along with the Red 154.260, WHITE 154.280, and BLUE 154.295, which are mutual aid frequencies. Currently SLCFD has seven radios on loan from the DOF. SLCFD has licensed frequency 453.050 which is the main dispatch frequency for fires. The fire department has provided one radio to the local Forest Area Supervisor. This radio is strictly for fire business. The SLCFD dispatch center phone numbers are 561/462-2308. The DOF dispatch center phone numbers are 941/462-5160 and Suncom 761-5160. The DOF also has a facsimile machine available for use by the SLCFD or to send information to or from the SLCFD. The FAX number is 561/778-6313. SLCFD FAX number is 561/462-2307. FACILITIES Meetings for up to 40 people can be conducted and supported at the DOF office in Okeechobee. For most training sessions this facility is adequate but arrangements can be made with the SLCFD Training Division. PERSONNEL AND EQUIPMENT A current list ofDOF and SLCFD personnel and equipment is a part of this operating plan. (See Appendix C&D) 4 '-" 'wi' OPERATIONS By virtue of the 911 system, the SLCFD is the first call to many wildland fires. DOF will respond to any wildland fITe or other incident where assistance may be needed. Both agencies will utilize the concepts of Unified Command when jointly working incidents. Reinforcement will make contact with initial attack units through the mobile channel. The Incident Commander will then assign a tactical channel and direct all crews to utilize that channel. The IC will continue to monitor mobile channel and agency dispatch. Type of incident will dictate who has command responsibility. Where structures are concerned, SLCFD will fill command responsibility and DOF will support. Where mostly wildland is concerned, a Battalion Chief from SLCFD will be in command. Upon arrival ofa Forest Area Supervisor, Officer In Charge, or Senior Ranger, the DOF will assume command and the SLCFD will support. FINANCIAL ARRANGEMENTS Each agency will support its own financial commitment to an incident. PLAN APPROVAL BY~C- ,¿(.::g'ß\ JITLE,FireChief BY TITLE, District Manager DATE 9/18 /~o / /, ~/ZCI!¿;o I c¡ //7/ Cr1) , DATE TITLE, Forest Area Supervisor D ATE 5 \w. ..-:-:- ...., FIRE READINESS LEVEL PLAN v ATTACHMENT FIRE READINESS LEVELS AS RELATED TO THE ANTICIPATED FIRE SITUATION In consideration of weather, season, recent fire activity and other related factors: FIRE READINESS LEVEL 1 FIRE !U;:ADINESS LEVEL 2 FIRE READINESS LEVEL 3 FIRE READINESS LEVEL 4 FIRE READINESS LEVEL 5 Little or no fire activity anticipated. Some "routine" fires anticipated. No more than 50% of resources expected to be needed at any given time. No difficulty in control or mop-up expected. Very active fire day anticipated. Fire occurrence above average and difficulty of control expected. May have to commit 80% of resources at any given time. . Fire situation expected to be difficult. May have fires carrying over from the previous day, new fires starting, and experiencing difficulty of control. All resources will probably be committed and assistance from outside the district may be required. Fire situation is extreme and ability to respond will exceed district capability. Fires are numerous, large, and difficult to control and mop-up. Outside assistance will be needed beyond a 24-hour period, and in Incident Command Teanl may be required. '-'" ..~ "'" APPENDIX II FIRE READINESS LEVEL PLAN v POLICY The Florida Division of Forestry is charged by law with the responsibility of protecting the State's forest resources from destruction by wildfire. It is the policy of the Division of Forestry that its fire suppression forces be at a level of readiness commensurate with the projected and existing fórest fire conditions and that other ·fire suppression forces in the State be kept apprised of the fire situation as warranted. PROCEDURE 1. The field unit manager is responsible for insuring that the personnel, equipment, and facilities under his supervision are ready to meet the challenge of the projected/existing fire situation and, therefore, is responsible for the operation of the [-Ire Readiness Level Plan system in his unit. 2. The field unit manager will assign the Officer-in-Charge (OIC) who will coordinate the Fire Readiness Level Plan. The OIC will implement and monitor the Fire Readiness Level Plan after hours, on weekends, etc. The name of the OIC will be posted in the Dispatch Center at all times. 3. The Fire Readiness Level Plan will be set by the OIC after input is received from !hc field unit manager, Area Supervisors, and after considering fire danger rating, weather forecast, equipment status, risk, and other pertinent factors. The Fire Readiness Level for tomorrow should be set today, immediately af1.er receiving the afternoon weather forecast. This forecast should be available to you no later than 1600 each day. . IMPORTANT: Fire Readilless Level Plalls call alld sit 0 uld be updated at allY time if cOlldittOIlS so warra1lt. Tlte Fire COlltrol Bureau may request tltat afield Uflit set a specific Fire Readilless Level Plall. 4. Districts will advise Fire Control daily with the Activity Report of the Fire Readiness Level that has been set for the next day. 5. Fire Readiness Level Plans will be based on the worst fire conditions expected in Úle district for each day. This Voli\1 correlate with the fire Danger Rating System in which the "worst fire" is assumed to occur at mid-afternoon when winds are highest and the humidity is the lowest. (See Attachment to Fire Readiness Level Plan) w ~ Fire Readiness Level Plan "WI' ...~ Page Two PROCEDURE - cont. 6""Fire Readiness Level Plans will be identified as Fire Readiness Levell, 2, 3, 4, or 5. F1tc(ors to be considered in setting Fire Readiness Level Plan: 1) Hazard - The influence of weather and [ud conditions on fire behavior. a. Fire Danger Rating - An indicator of the degree' of hazard on a particular day. On most days the Fire Readiness Lev~l Plan will follow the projected fire danger rating closely. . b. Drought/Rainfall - Included in Fire Danger Rating but should be given specific consideration. c. Fire Weather Forecasts - Used in projected fire danger ratings and as an additional indicator of hazards pertaining to such specific problems as erratic fire behavior, atmospheric instability, frontal passage, safety, etc. d. Season ofthe Year - Very important with regard to fuds, in that hazard is higher when fuels are cured than during the summer monÚls. Partially reOected through herbaceous stage monitoring. 2) Risk - The chance of a fire starting. Consideration should be given to recent and historic fire occurrence, ignition probability, activities of people, lightning, etc. Risk will be assessed by the Officer in Charge. Example - More fires generally occur on Saturday than on Monday. 3) Capability - Fire Readiness Level Plans are based on the capability of Úle district's personnel and equipment available; consequently, the Fire Readiness Level Plan must be increased when any appreciable loss of capability occurs. A reduction in capability occùrs when units are not operational, personnel are sick, exhausted or otherwise not available for fire duty. Capability will be assessed daily by the Ole. FIRE READINESS LEVEL.1 1. Mandatory Activities a. Towers - Optional tower manning. Local decisions based on recent fire occurrence and val lJes-at -risk. . b. Rangers - Perform routine duties. c. Area SlIpervisors - Perform routine duties. d. Buming AlIthori:.r'<ltions - Routine precautions \...; "'fIlII -.~ Fire Readiness Level Plan Page Three FIRE READINESS LEVEL 1 - cont. e. Air Patrol - Optional, local decision based on reccnt fire v occurrcnce and values-at-risk. f. On-Call - Maximum of one initial attack unit per arca unless fire situation requires more. 2. Permissible Activities - Regular Duties. FIRE READINESS LEVEL 2 1. Mandatory Activitics a. To\vcrs - Staff all key towers. Thc staffing of sccondary towcrs is a local decision bascd on rcccnt firc occurrencc and values-at-risk. b. Rangers - Pcrform routine duties and be on firc call. c. Area Supervisors - Perform routine dutics. d. Burning Authorizations - Advise caution in high hazard areas. c. Air Patrol - Optional, local decision based on fire occurrencc, burning authori7_ations, values-at-risk, and local fire danger ratings. f. On-Call - Maximum of one initial attack unit for area unless local fire situation reqUlrcs morc. 2. Pem1Ìssible Activities - Regular Duties. FIRE READINESS LEVEL 3 1. Mandatory Activities a. Area Pcrsonnel 1) Towcrs - Staff all key towers. Staff all secondary towcrs bctwccn 1200 and 1 GOO hours. 2) Rangers - Be ready for dispatcl1. Perform only those duties that will allow rapid fire dispatch. Unless fire occurrencc is low, maintain all scheduled crews on duty or on call on Sundays and holidays. '-' Fire Readiness Level Plan ...""" ....-:::- Page Four FIRE READINESS LEVEL 3 - cont. y 3) Area Supervisors - While on duty perform only those duties that will allow 5 minutes fire dispatch. Check equipment in early a.m. Emphasize safety. 4) Burning Authorizations - Request landowners to dciay burning àuthorization requests until fire danger subsides. Restrict authorizations to those which the person responsible will offer assurance of adequate control. Conduct on-site inspection when circumstances and time will ailow. 5) Air Patrol - Afternoon patrol of district unless the OIC detennines it is not required. 6) On-Call - Maximum Qf two initial attack units per area unless local fire situation requires more. b. District personnel - During morning hours, OIC either in district of(ìce or close by and in immediate contact. During the afternoon, OIC in district of(ìce unless fire occurrence is low or needed at the scene of the fire. When occurrence is low, handle afternoon duty as per morning duty. Weekends and holidays handled same as weekdays. c. Cooperators/RFO's - Weather, Fire Readiness Level, and Fire Danger Rating from 1400 Eastern Standard Time data relayed to all concerned parties. d. OIC should initiate appropriate contact with news media. e. Fire Control Bureau Office - OIC in Fire Control Of(ìce or immediate contact at all times. 2. Permissible Activities a. Leave granted only on a limited basis. District Manager/Center Manager must be consulted before extended leave is granted to personnel. b. Activities of all fire control personnel must not lessen fire dispatch capability. FIRE READINESS LEVEL 4 1. Mandatory Activities a. Area Personnel t '-' Fire Readiness Level Plan '.",,/ ...~ Page Five FtRE READINESS LEVEL 4 - cont. 'V 1) Towers - Staff all key towers and secondary towers. Staggered lunch periods. Night check recommended. 2) Rangers - On fire duty. No other activities; stay with equipment unless otherwise authorized by the OIC. Maintain all scheduled crews on duty or on call on Sundáys and holidays. Only emergency leave granted. If fire occurrence is high, cancel days off. 3) Areá Supervisors - No duties other than those related to fire suppression. Check equipment in a.m. Regular days off canceled. Conduct safety briefings. 4) Burning Authorizations - All open burning restricted to areas where positive control is guaranteed. On-site inspection by supervisor or investigator required prior to authorization. 5) Air Patrol - Morning check and afternoon patrol of district. BegilU1ing and ending hours to be determined by Ole. District Forester/Center Manager may excmpt requirement if local conditions warrant. 6) On-Call - A minimum of two initial attack units per area, on call at least until 2100 hours, if required. b. District Pcrsonnel - OIC in district office during normal work how-s and at night if fircs continue uncontrolled. He may leave the district office for visits to the scene of fire problems. All other district personnel on alert for fire duty. c. District Shop Personnel - In communication and available for dispatch as needed. d. Cooperators/RFD's - Fire situation relayed to all concerned parties. Advise of needed assistance, etc. c. Advise news media of fire situation and danger. f. Ifavailable, initially dispatch 2 w1its to fires in areas of high risk/loss potential and consider such in areas of moderate risk/loss potential. High risk is defined as follows: '-" Fire Readiness Level Plan """'" Page Six FIRE READINESS LEVEL 4 - cont. "" I) Life and propcrty 2) Young plantations 3) Well-stocked young natural pine stands 4) High value public use areas 5) Historic and unique areas 6) Large areas of other well-stocked stands g. Pre-position units as warranted. Notify adjoining districts of potential need for assistance. h. fire Control Bureau Officc - orc in fire Control Office throughout the day and at night as needed or on immediate call. I) Notify Incident Command Tean1 of possible need. 2) Notify Strike Teams of possible need. 3) Alert helicopter pilots. 2. Permissible Activities a. Leave granted only on an emergency basis. b. Activities of all Area, District, and District Shop personnel must not lessen fire dispatch capability. c. Activities of all Division of forestry persónnel must not lessen Duty/Dispatch capability or length of response time. FIRE READINESS LEVEL 5 1. Mandatory Activities a. Area personnel 1) Towers - Staff all key and secondary towers. Provide relief personnel during lunch breaks, if possible. Early morning and night checks required. Days off and non-emergency leave canceled. 2) Rangers - On fire duty. No other activities; stay with equipment. 3) Arc<l Supervisors - Stay in communication with crews and dispatch center. No duties other than those related to fire suppression. Check equipment in a.m. Supervise early morning and night tower checks. Insure adequate personnel Of) dllly 10 stall all first line fire suppression units. Conduct safety briefings. ..~ ........ . ~ ....., ...~ Fire Readiness Level Plan Page Seven FIRE READINESS LEVEL 5 - cant. v 4) Burning Authorizations - Nonc allowcd without on-sitc inspcction by supervisor or invcstigator and approval of District Forcstcr or Center Manager. 5) Air Patrol - Patrol district throughout the day with necessary stops for rest and fuel. 6) On-Call - A,minimum of two initial attack units per area is required until midnight. b. District Personnel - OIC remain in district office as long as Fire Readiness Level 5 is in effect, and all fires arc not mopped up. May assign Deputy OIC for night shifl. ole may leave district office when needed at the scene of a fire problem. All other district persOlU1el on alert or on-call for fire duty. Communication between areas, district ofíìce, and Fire control Bureau Office be maintained on a continuing basis. c. Advise ncws media of firc situation and danger. Request maximum covcrage. d. If availablc, immediately dispatch 3 or more units to areas of high risk/loss potc1i.tial. Dispatch 2 or more units to areas of moderatc risk/loss potential. Dispatch 2 units to fires in areas of low risk/loss potential. e. District Shop Personnel - In communication and available for dispatch as necdcd. f. All district personnel not listed in a-e above, be available [or fire duty as needed. No work is to be done that would in {lny way limit such duty or add to response time. g. Cooperators/RFD's - Fire situation be relayed to all concerned parties. Request maximum assistance be available. Advise that burning authorizations be restricted. h. Pre-position units as warranted. Notify adjoining districts of potential needs. I. Fire Control Bureau Office - OIC be in Fire Control Office 0600 to 2100 hours, longer if needed. On immediatc call 24 hrs/day. J. rire Control Bureau Staff - On fire duty unless othcrwise approved by Chicf of rire Control. ( to ~ Fire Readiness Level Plan ...., .. ~"':'" Page Eight FIRE READINESS LEVEL 5 - cont. v k. Fire Overhead Team on stand-by for possible dispatch to large and multiple fire situations. I. Alert helicopter pilots. m. Alert strike teams for possible dispatch. n. State Forester, Regional Foresters and Fire Staff cOhsider burning ban. 2. Permissible Activities a. Leave granted on an emergency basis, only. b. Activities of all Division of Forestry personnel must not lessen fire duty/dispatch capability or length of response time. - .. '-" 'wi DOF TRAINING A V AILABLE The Division of Forestry can provide a range of instruction to the Indian River County Department of Emergency Services by the Okeechobee District and in combination with the statewide resources and national training programs available. Within the district our personnel can provide: 1-200, Basic Incident Command System 1-200, Module 2, Principles & Features ofICS 1-200, Module 3, Organizational Overview 1-200, Module 4, Incident Facilities 1-200, Module 5, Incident Resources 1-200, Module 6, Common Responsibilities S-130, Firefighting Training S-190, Introduction to Wildland Fire Behavior S-205, Fire Operations in the Urban Interface S-212, Wildfire Power saw Fire Shelter Deployment Wildland Fire Suppression Tactics Wildfire Cause and Origin Training (Modified) Florida Fire Behavior Emergency Tractor Operation Standards for Survival Training resources available statewide can include: S-290, Intennediate Wildland Fire Behavior S-390, Advanced Fire Behavior Basic Fire Control Training ICS Staff Assignment Training Basics in Prescribed Burning Training S-270, Basic Air Operations Helicopter External Load Training Helicopter TacticlUtilization Wildfire Cause and Origin Training APPENDIX B v .....,¡ OKEECHOBEE DISTRICT KEY PERSONNEL Jim B. Rath, District Manager Okeechobee, Indian River, S1. Lucie, Martin, Highlands, Glades Work 863/462-5371, Suncom 761-5371 Call Sign Okeechobee 1 Dotti Roth, Administrative Assistant Work 863/462-5372, Suncom 761-5372 Call Sign Okeechobee 6 Joe Spataro, Forest Area Supervisor Indian River and S1. Lucie County Work 561/778-5085, Suncom 240-5085 Call Sign Okeechobee 3 Tim Elder, Forest Area Supervisor Highlands and Glades County Work 863/655-6407, Suncom 742-6407 Call Sign Okeechobee 4 Ed Ward, Forest Area Supervisor Martin and Okeechobee County Work 561/221-4045, Suncom 269-4045 Call Sign Okeechobee 5 Sanne Arnfast, Single Engine Airplane Pilot Work 863/462-5373, Suncom 761-5373 Call Sign Okeechobee 25 Steve Swisher, Firefighter / Rotorcraft Pilot Work 863/462-5373, Suncom 761-5373 Call Sign Okeechobee 20 Larry Foster, Automotive Maintenance Equipment Superintendent Work 863/462-5374, Suncom 761-5374 Call Sign Okeechobee 8 Joyce Teich, Duty Officer Supervisor Work 863/462-5165, Suncom 761-5165 Call Sign Okeechobee 2 Roxann Watson, Telecommunications Specialist III Work 863/462-5375, Suncom 761-5375 Call Sign Okeechobee 24 APPENDIX C '-' '-tI ST. LUCIE COUNTY FIRE DISTRICT Management personnel: Other: Paul C. Haigley, Jr. Fred D. Vaughn Ronald Parrish Carlos Duran Nate Spera Michael Bailey Brian Blizzard James Parent J ames Cherry Fire Prevention Bureau personnel: George "Buddy" Emerson Jack Edmondson Derek F oxx Kelvin Hair Anthony Liento Fire Chief Deputy Chief, Staff Services Deputy Chief, Operations Battalion Chief, Operations Lieutenant, Operations Captain, Training Lieutenant, Training Lieutenant, Training Firefighter III, Training Captain Lieutenant Lieutenant Lieutenant Firefighter II, Plans Reviewer 462-2300 462-2312 462-2300 462-2300 462-2300 462-2311 462-2311 462-2311 462-2311 462-2312 462-2312 462-2312 462-2312 462-2312 ALPHABETICAL ~ """ A SHIFT STA RANK ID# EMS NUMBER B SHIFT STA RANK ID# EMS NUMBER C SHIFT STA RANK ID# EMS NUMBER Sizemore 4 BC 123 JT43405 Maxwell 4 BC 86 JA06300 Sorensen 4 BC 128 JT43489 Bushman 1 BC 27 JT15869 Poolt 1 BC 111 JT48442 Kev 1 BC 75 JT42039 Carter 12 BC 30 JT50365 Kellv 12 BC 72 JA07487 Crouse 12 Act BC 35 JT40994 Addison+ 10 FF3 312 JA13720 Barbara 13 FF1 430 JT78990 Albritton 11 FF2 12 JT 40261 Anderson, J. 6 FF2 183 JT53184 Beach 11 Cpt 16 JT00984 Anderson, S. 8 Cpt 14 JA07465 Beane 8 FF1 325 JT68347 Bishop 13 FF3 326 JA13073 Barnes 7 FF1 431 JT79738 Burns 15 FF2 247 JT58596I~DJ~¡1~ilr;' 6 FF2 172 JT50346 Calhoun 2 FF1 504 JT85943 Brolmann 12 Lt 185 JT52803 Botterbusch 6 FF1 297 JT71006 Castellanos 15 FF1 526 JT89209 Brosteneant 6 FF1 397 JT79013 Bowden 5 FF2 240 JT60232 Charles* 3 Lt 238 JA 11279 Bradv 7 FF1 396 JT69013 Christopher 1 FF2 232 JT55940 Chandler 10 FF3 357 JA15983 Brown 9 Lt 23 JT500355 Cox 5 FF3 434 JA16988 Clanton 3 FF2 241 JT59641 Bruhn 9 FF1 24 JT40638 Curry 6 FF1 517 JT86562 Elizer 2 FF2 223 JT55939 Carraway 8 FF2 186 JT51291 Evans 8 FF2 248 JT56006 Dewar 4 FF3 462 JA17421 Chambers 1 FF3 481 JA16047 Fiç¡ur* 11 FF3 363 JA09392 Economou 11 FF3 314 JA15106 ~5 JT87249 England 2 FF3 298 JA16997 Connollv 2 Lt 32 JT50376 Farinas 13 Lt 209 JA08147 Couohlin 5 Lt 33 JT19279 Frasher 5 FF1 529 JT89270 Field' 14 FF1 187 JT50401 Cubbedç¡e 13 FF1 401 JT74601 French 15 C t 204 JA11280 Fischer 3 FF1 468 JT79088 DeFlorio 11 FF1 207 JT53643 Flovd 5 FF2 358 JT76923 DeFriest 2 FF2 38 JT51303 Frizzell 9 FF3 346 JA15997 Gablemann' 14 Lt. 49 JT45745 Dean' 15 FF2 313 JT65114 Gardner 7 FF3 405 JA 17003 Gladwin 15 Lt 56 JT06092 Dellinç¡er 8 FF1 402 JT79785 Garrigan' 14 FF1 493 JT67520 Gosnev 2 Lt 282 JT63666 Doerr 4 Cpt 40 JA00561 Gibbons 4 FF3 389 JA 17006 Gould 4 FF1 437 JT82572 Donaldson 12 Cet 41 JT04445 Gillette 13 Cpt 53 JT09442 Hamrick 11 FF1 265 JT64473 Ernsberger 1 FF1 403 JT76490 Gonzalez, B 10 FF1 521 JT85291 Harrison 10 FF2 294 JT65660 Faircloth 10 FF2 205 JT53654 Gonzalez, H 5 FF1 505 JT78727 Haskell 4 FF1 528 JT85027 French, B.+ 1 FF3 304 JA14253 Green, David 9 FF1 331 JT58638 Hazellief, G. 11 FF2 62 JT45793 Gallagher 3 FF1 516 JT71995 Green, Dennis 9 FF2 305 JT69092 Jay 5 FF3 408 JA16102 Gilmore 7 FF2 54 JT52814 Hall 1 Cpt 59 JA06566 Jerç¡er 2 FF1 295 JT80455 Gonzalez 4 FF1 406 JT73251 Hazellief, R. 11 Lt 332 JA15132 Karns 12 FF1 527 JT88253 Hamner 2 FF1 306 JT74736 Hines 11 FF3 299 JA14274 Kayda* 14 FF3 378 JA17016 Herndon* 14 Lt 63 JA06275 Hollett' 14 FF1 407 JT74766 Kelly, D. 13 FF2 243 JT60269 Hill 4 FF3 438 JA19015 Isenhour 10 FF3 316 JA16017 Kozac, S. 1 FF3 439 JA19030 Hoilman+ 15 FF3 283 JA 10224 Johnson* 14 FF3 211 JA15140 Kozac,K 6 FF3 480 JA18005 Jenkins 1 Lt 68 JT45827 Jones, C. 8 Lt. 290 JT65504 Lanç¡el, M. 15 FF3 513 NRP500163 Jethroe 15 Lt 69 JT49330 Kelley, B. 7 FF2 368 JT74813 Lee 12 FF2 411 JT21441 Jones, S. 5 FF1 177 JT52825 Kinç¡* 3 FF3 234 JA11282 Lee, D. 9 FF3 361 JA09923 Jouver 12 FF3 506 JA19023 Knupp 6 FF3 360 JA17071 Leisen 8 FF2 335 JT71367 Kemp' 14 FF1 74 JT52826 Kyzer' 14 FF1 263 JT68056 Lightle 7 Lt 81 JT09852 Kimball 10 FF3 409 JA14967 Lane 13 FF3 373 JA 17028 LoPresti+ 15 FF3 269 JA10426 Kraft' 14 FF1 334 JT68959 La ¡,K 12 FF2 410 JT74840 Lobsinoer 10 FF1 496 JT83919 Lanoel, P. 7 FF1 427 JT65100 Losee * 14 FF1 441 JT81491 Ledbetter 1 FF2 224 JT57497 Lonç¡o' 10 Lt. 301 JT67651 Mele* 14 FF2 225 JT58015 Lenz 11 FF3 390 JA17324 Mayr 4 Lt. 88 JA03629 Melzer 9 Cpt 89 JT49296 Lewis, D. 13 FF3 275 JA09509 McElheny' 5 FF2 317 JT65814 Mace 2 FF3 469 JA18014 Meneqay 12 FF1 502 JT86422 Morrison, R. 7 FF3 95 JA08097 Maher 15 FF1 228 JT56027 Merritt 12 Lt 266 JT63777 Moselv 5 FF1 96 JT53726 Martin 2 FF1 524 JT83131 Micheli 13 FF1 414 JT81878 Munson 15 FF3 97 JA02880 Mascitelli 7 Cpt 85 JA06125 Miclea 12 FF3 474 JA15393 Neilson 9 FF1 508 JT84279 Maxwell, M' 14 FF2 87 JT47084 Mikovskv 15 FF3 470 JA19042 Norvell 6 FF2 199 JT55012 McDilda 13 FF1 413 JT79926 Millard 8 FF3 302 JA14308 Padrick 4 FF2 106 JT46006 Mincey 6 Lt 92 JT50836 Moree 4 FF1 93 JT88305 Pereira 1 FF3 509 JA19058 Moodv 10 Lt 226 JA10422 Morrison, M. 5 Lt 202 JT50464 Peterson, Do 3 FF1 525 JT86152 Moore 6 FF1 318 JT69017 Noble, D. 10 FF1 371 JT77927 Phares 1 FF1 384 JT74978 Morris 12 FF2 94 JT45975 Nobles, E. 3 FF2 391 JT71469 Propst 12 FF3 271 JA10427 Mullins' 14 FF1 444 JT80535 Nottage 12 FF3 338 JA13430 Reeves 13 FF1 429 JT81568 Neiman 9 FF3 100 JA07497 Owen 3 FF3 482 JA18137 Rizzello 4 Lt 114 JA06131 O'Brien 4 FF1 523 JT88839 Percy 11 FF2 109 JT50472 Russakis 7 FF2 235 JT58721 Nicholson 11 Lt. 101 JT42792 Price 10 FF1 112 66706 Sampson 2 FF2 117 JT43245 Paiement 12 FF3 445 JA17581 Randall 7 Lt 214 JT52844 Schelin 9 FF2 245 JT57546 Peterson 10 FF3 446 JA19059 ? -ALþHABETICAL '-'" ...." A SHIFT STA RANK ID# EMS NUMBER ii;"îî.I.~NK~ ..- C SHIFT STA RANK 10# EMS NUMBER Ravmond' 14 Cpt 192 JA13295 ' .' 'I( , . \Iii" Pettey 9 FF2 168 JT47148 Reed 11 FF1 113 JT54678 Selph 1 FF3 372 JA19076 Putnam 10 FF1 447 JT79968 Rosenquist 1 FF1 450 JT69475 Sessoms 6 FF1 339 JT75056 3 449 JT73997 Rudd,Ja 2 FF3 362 JA18044 Sexton+ 1 FF3 369 JA15705 Salvers 4 FF3 486 JA18045 Stabile 1 FF2 355 JT69020 Santa 5 FF3 452 JA10489 Samuel 9 Lt. 118 JT14482 Stanford 1 Lt 129 JT43530 Saxton' 14 FF3 370 JA15767 1· IFF2 119 JT48457 Stefani 10 FF1 522 JT85333 Schoolev 15 FF3 420 JA16634 Stevens 8 FF1 456 JT81118 Senger 5 FF3 365 JA14339 Smith, Sr. 15 FF1 514 JT85564 Stone 6 Gpt 166 JT48478 Sides 13 Lt 122 JT05645 Smith, J.G. 2 Gpt 125 JT43439 Sweeney 8 Lt 133 JT19690 Smith, P. 8 FF3 281 JA13311 Smith, JP 1 FF1 174 JT48865 Tearle 4 FF3 253 JA09366 Smith R. 12 FF3 498 JA18454 1"'_.... 1__ ~Treu 3 Lt 135 JT48485 Smith, S. 3 FF1 374 JT78034 !II II Vauqhn 5 Gpt 138 JT19723 Smith,W. 13 FF2 127 JT15496 Stirrat 10 FF2 364 JT58035 Ventrella 5 FF3 280 JA10883 Sockol 15 FF1 499 JT86631 Trefelner 5 FF3 300 JA16055 Walls 15 FF2 244 JT60437 Varri' 12 FF3 392 JA16057 VanderMeulen 4 FF1 359 JT78088 Waters 12 FF3 393 JA1706~ Vanderlaan 7 FF1 457 JT76412 West 10 GDt 236 JT58753 Warnack 13 FF2 167 JT55086 Willems+ 3 FF3 342 JA16063 Whitley 3 Cot 142 JA03470 Weiss 4 FF2 141 JT48490 Williams, G' 7 FF1 321 JT61770 Wiegers 15 FF3 356 JA17065 Wilkinson 6 FF1 436 JT81058 Williams, Ta 13 FF1 530 JT88079 Williams, R. 9 FF2 284 JT64052 Williams 6 Lt 145 JT15448 Yarborouqh 7 FF1 216 JT54687 Wilson, R. 3 FF2 348 JT75176 Wilson, M.+ 1 FF3 377 JA17066 Wriqht 6 FF3 422 JA18070 Zuccaro 6 FF3 467 JA16289 84 83 85 28 TOTAL PM 27 TOTAL PM 28 TOTAL PM 5 PM APPR 4 PM APp-Rr 4 PM APPR 6 PM OFFICERS 4 PM OFFICERS 6 PM OFFICERS 11 HAl MAT TECHS 8 HAl MAT TECHS 8 HAl MAT TECHS '''PM School "PM App. 'Haz Mat Tech FTI+ ~ '..,J NOT AVAILABLE AT TIllS TIME APPENDIX E EMS/FIRE APPARATUS - 8/~ "-" .. STA Unitt Year Make VIN # PC# Unassianed 2000 Brush Truck, Ford 1 FDAF57F1YED93608 5285 Unassianed 2000 Brush Truck, Ford 1 FDAF57FXYED93607 5286 14 F-14 2000 Foam Truck, Ford 1 FDAF57F8YED93606 5287 1 B-01 1983 Tanker, Ford 1FDNF60H4DVA04926 1187 1 RE-1 1990 Pumper, KME 1K9AF4285LN058231 3439 1 R-19 1992 Ambulance, Ford 1 FDKE30MONHA96473 4251 Empty 1 E-01 1997 Pumper, E-One 4ENF AAA81V1 007739 4833 1 R-01 1997 Ambulance, Freightliner 1 FV3EFBC8VH792591 5002 2 R-02 1994 Ambulance, Ford 1 FDKF37M1 RNB57212 4561 2 E-02 1997 PumDer, E-One 4ENF AAA8XV1 007740 4832 3 R-03 1997 Ambulance, Freightliner 1 FV3EFBC7VH792038 5003 3 E-03 1991 Pumper, KME 1 K9AF4282MN058348 3886 4 R-04 1997 Ambulance, E-One F350 1 FDKF37F2VEB46991 4867 4 TNK-01 1984 Tanker/Pumper, Ford 1FDYU80U3EVA21617 2305 4 E-04 1995 Pumper, E-One Freiahtliner 1 FV6JLCB7SL612711 4651 4 B-04 1975 Tanker, Ford F61DVW00910 1560 5 R-16 1994 Ambulance, Ford 1 FDKF37MXRNB57211 4560 Empty 5 B-05 1978 Tanker, Ford F60DVAJ0572 560 5 E-05 1991 Pumper, KME 1 K9AF4287NN058508 4119 5 R-05 1994 Ambulance, Ford 1 FDKE37M4RNB52876 4596 6 Foam 6 1999 Foam Truck, Pierce 1 FDAF 57F1XEA83618 5148 6 TNK-06 1999 Tanker/Pumper, Freightliner 1 FV6JLCB8XHA62092 5150 6 R-06 1999 Ambulance, International 1 HTSLABM5YH699700 5269 6 Q-06 1997 Quint, E-One 4EN3AAA89T1006298 4831 7 E-07 1987 Pumper, Pierce 1 P9CA01 D6HA040168 3113 7 R-07 1999 Ambulance, International 1 HTSLABMXYH213091 5268 7 B-07 1984 Tanker, Ford 1FDNF60H1EVA25184 2089 8 R-08 1990 Ambulance, Ford 1 FDKE30M3LHB85340 4012 8 E-08 1984 Pumper, Pierreville 1D91D41D6E1008368 2373 8 Q-08 2000 Quint, Pierce Dash IR\ 2000 Series 4P1CT02S0YAOO0625 5281 9 R-09 1994 Ambulance, Ford 1 FDKF37M1 RNB54794 4553 9 E-09 1985 Pumper, Pierce 1 P9CA01 D8F A040900 2659 9 R-21 1989 Ambulance, Ford 1 FKDE30MXKHB79369 1520 Turn Key 10 R-20 1992 Ambulance, Ford 1FDKE30M8NHB36640 4348 Turn Key 10 R-10 1993 Ambulance, Ford 1FDKE30M1PHA35720 4298 10 TNK-10 1985 Tanker/Pumper, Rescue Systems 1 FDYU80U7FV A69431 2885 10 E-10 1999 Pumper, Pierce 4P1CT02U1XA001011 5152 11 R-11 1994 Ambulance, Ford 1 FDKF37M3RNB54795 4552 11 B-11 1985 Tanker, Ford 1 FDNF60H2FV A71785 2502 11 RE-2 1984 Pumper, Pierreville 1D91D41D5E1008367 2374 11 E-11 1988 Pumper, KME 1 K9AF4289JN058164 3273 12 Q-12 1997 Quint, E-One 4ENGAAA8XV1007738 4830 12 R-12 1999 Ambulance, International 1HTSLABM3XH213089 5267 12 B-12 1985 Tanker, Ford 1FDNF60H4FVA71786 2504 12 RE-3 1982 Pumper, Qualitv 1D31DXC1008050 183 13 R-13 1989 Ambulance, Ford 1 FDKE30M7KHB29027 3363 13 E-13 1987 Pumper, Pierce 1 P9CA01 D8HA040401 507 13 B-13 1978 Tanker, Ford F60DVCC2485 1650 14 E-14 1993 Pumper, KME 1KOAF4289PN058741 4278 14 Foam 14 1999 Foam Truck, Pierce 1FDAF57FXXEA83617 5147 14 TNK-14 1999 Tanker/Pumper, Freightliner 1 FV6JLCB6XHA62091 5149 14 T-93 1991 Haz-Mat, Chevrolet 1GBM7H1J8MJ104176 3947 14 Q-14 2000 Quint, Pierce Dash IR\ 2000 Series 4P1CT02S3YAOO0719 5283 14 R-14 1999 Ambulance, International 1 HTSLBM8XH213086 5266 14 R-17 1989 Ambulance, Ford 1 FDKE30M6KHC28809 3573 Turn Key 15 R-18 1992 Ambulance, Ford 1FDKE30M1NHB36639 4291 Empty 15 Q-15 1999 Quint, E-One 4PC1 CT02S1 XAOO0960 5151 15 R-15 1997 Ambulance, E-One F350 1FDKE37F4VEB46992 4868 58 PIECES OF APPARATUS Quattro Pro-Vehicles.WB2 ~ ~ ro# CREW TYPE MAKE YEAR LOCATION NAME FUEL , . 11801 1 4x4 BLAZER CHEVY 2000 OKEECHOBEE RATH G 10606 3 3/4T 4x4 p/u GMC 1998 VERO SPATARO G 11746 4 3/4T 4x4 P/U DODGE 2000 SEBRING ELDER G 10054 5 3/4T 4x4 P/U FORD 1996 STUART WARD 0 10011 9 3/4T 4x4 FORD 1996 OKEECHOBEE KINCHEN 0 MECH. 9240 10 3/4T 4x2 FORD 1992 OKEECHOBEE CHADDERDON G 9760 17 3/4T 4x4 p/u GMC 1995 FT. PIERCE ARMSTRONG G 11003 24 RAM CARGO DODGE 1999 OKEECHOBEE WATSON G VAN 8908 25 4x2 BLAZER CHEVY 1991 OKEECHOBEE G N139FC FOR139 SINGLE ENG. AC PIPER 1982 OKEECHOBEE N/A 8816 30 TRANSPORT FORD 1990 FT. PIERCE HAGWOOD 0 T093 31 TRACTOR JD550GB 1990 FT. PIERCE SMEYKAL 0 p513 31H PLOW HESTER 2 1975 FT. PIERCE SMEYKAL N/A DISCS 8813 34 TRANSPORT FORD 1990 BUFFER FUCCI/ HARN 0 PRESERVE T095 35 TRACTOR JD550GB 1990 BUFFER FUCCI/ HARN 0 PRESERVE p538 35H PLOW HESTER 2 1975 BUFFER FUCCI/ HARN N/A DISCS PRESERVE 8790 36 TRANSPORT INTERNATIONAL 1990 VERO HYATT 0 T062 37 TRACTOR JD550GBW 1990 VERO HYATT 0 p610 37M PLOW MATHIS 2 DISCS 1979 VERO HYATT N/A 8496 42 TRANSPORT INTERNATIONAL 1989 SEBRING DURRENCE 0 T201 43 TRACTOR JD550GWB 1984 SEBRING DURRENCE 0 p609 43M PLOW MATHIS 2 DISCS 1979 SEBRING DURRENCE N/A 8539 44 TRANSPORT INTERNATIONAL 1989 SEBRING TAYLOR 0 T006 45 TRACTOR JD550GWB 1989 SEBRING TAYLOR 0 p539 45H PLOW HESTER 2 DISCS 1978 SEBRING TAYLOR N/A 8386 46 TRANSPORT INTERNATIONAL 1988 PALM DALE LIGHTSEY 0 u I) . ~~# CREW TYPE MAKE YEAR LOCATION NAME FUEL . T222 47 TRACTOR JD550GB 1995 PALM DALE LIGHTSEY D p578 47M PLOW MATHIS 2 DISCS 1979 PALM DALE LIGHTSEY N/A 8490 48 TRANSPORT INTERNATIONAL 1989 PALM DALE BOYETTE D T060 49 TRACTOR JD550GB 1989 PALM DALE BOYETTE D p861 49F PLOW FESCO 4 DISCS 1999 PALM DALE BOYETTE N/A 9838 50 TRANSPORT FORD 1994 OKEECHOBEE YEATES D T323 51 TRACTOR JD650GW 1999 OKEECHOBEE YEATES D p859 51F PLOW FESCO 4 DISCS 1999 OKEECHOBEE YEATES N/A 6965 52 TRANSPORT FORD 1994 STUART GADSON D T290 53 TRACTOR JD650GW 1994 STUART GADSON D p864 53F PLOW FESCO 4 DISCS ·1999 STUART GADSON N/A 8431 58 TRANSPORT INTERNATIONAL 1988 STUART NOVAKOWSKI D T007 59 TRACTOR JD550GB 1988 STUART N OVAKO SKI D p445 59M PLOW MATHIS 2 DISCS 1972 STUART NOVAKOWSKI N/A 9918 112 TANKER FORD 1995 SEBRING LEADINGHAM D 10395 113 TANKER FORD 1997 FT. PIERCE POTTER D 10528 114 TANKER GMC 1998 SEBRING GIBBS D 9919 115 TANKER FORD 1995 STUART HOLLOWAY 0 8827 116 TANKER FORD 1990 OKEECHOBEE RAIN D . 10670 117 TANKER DODGE 1999 VERO HAWKS D 10400 118 TANKER FORD 1997 PALM DALE GOODWIN 0 9856 200 3/4T 4x4 p/u GMC 1995 OKEECHOBEE POOL D 9548 202 DUMP TRUCK INTERNATIONAL 1980 OKEECHOBEE POOL 0 11580 203 12 PASS VAN DODGE 1999 OKEECHOBEE POOL G 11 050 204 850 GAL FORD 1990 OKEECHOBEE POOL D TANKER 8870 205 1/2T 4x4 P/U CHEVY 1990 VERO POOL G 8681 208 1/2T 4x4 p/U CHEVY 1990 SEBRING POOL G T925 213 TRACTOR JD450E sp41 B 1986 OKEECHOBEE POOL 0 T675 215 TRACTOR JD350CWB 1975 SEBRING POOL 0 "w 'W'" ~ IM,._ .. ID :Ir· CREW TYPE MAKE YEAR LOCATION NAME FUEL " 8387 216 TRANSPORT INTERNATIONAL 1988 OKEECHOBEE POOL D T061 217 TRACTOR JD550GB 1989 OKEECHOBEE POOL D p685 217M PLOW MATHIS 2 DISC OKEECHOBEE POOL N/A T947 219 T ACTOR JD450 sp41 B 1988 FT PIERCE POOL D 10316 130 R-9 TANKER MACK 1984 SEBRING POOL D 5843 WRECKER CHEVY 1984 OKEECHOBEE POOL D 10517 CPII COMMAND UNITED 1998 OKEECHOBEE D-16 N/A POST 10442 300 ROAD TRACTOR GMC 1984 OKEECHOBEE POOL D 11639 800 ROAD TRACTOR STERLING 2000 OKEECHOBEE POOL D p471 OH PLOW MATHIS 2 DISC FT. PIERCE POOL N/A T679 OH PLOW OKEECHOBEE POOL N/A p294 OH PLOW OKEECHOBEE POOL N/A p310 OH PLOW OKEECHOBEE POOL N/A AM391 OH PLOW OKEECHOBEE POOL N/A p471 OH PLOW OKEECHOBEE POOL N/A 11794 Fo28 WAGONEER JEEP 2000 OKEECHOBEE SAWYER G OALE oA206 4x4 BLAZER CHEVY 2000 OKEECHOBEE HILL G 11755 OALE oA209 4x4 EXPLORER FORD 1999 SEBRING WURST G 11 098 'W' ..,., , ~,/ '-" . ..""", ITEM NO. C6 DATE: 10/3/00 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: Staff requests that the Board consider paying a $1,082.00 permit fee for the Chapel to be constructed at the Rock Road Jail. BACKGROUND: The Chapel at the Rock Road Jail will be constructed without County financial support. This Chapel will be a non-denominational multi-use facility. FUNDS AVAilABLE: PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the use of $1,082.00 from General Fund contingency to pay the construction permit fee for the Chapel at the Rock Road Jail. Approve budget amendment - 01-101. COMMISSION ACTION: CE: o APPROVED 0 DENIED ~OTHER: Pulled prior to meeting. o las Anderson unty Administrator 181 County Attorney: o Review and Approvals 181 Management and BUdget:~ o Purchasing: 181 Originating Dept: (Pub, Wks.) o Other: (Landfill) o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ '-' -.",,¡ OFFICE OF MANAGEMENT & BUDGET MEMORANDUM TO: Dan McIntyre, County Attorney FROM: Gary Perdew, Int. Principal Budget Analyst X 17 SUBJECT: Proposed Rock Road Chapel DATE: September 27, 2000 Ray Wazny's office contacted me about taking $1,082 from General Fund Contingency to pay the pennitting fees for the new chapel at the Rock Road Detention Facility. Apparently, the Board gave tentative approval to Dennis Williams, St. Lucie County Undersheriff to allow a local citizens group to construct a chapel on the premises contingent on the facility being non-denominational and at no cost to the county. According to the pennit application, the facility will be worth approximately $150,000. Before we proceed any further we need to detennine the following: ¡¿ t:d2 ,t"'1/3 0 ~ C~¡J~ Æßð:' C ? Since the chapel is being built on county property will it belong to the county? If so we must capitalize the asset by recognizing it as a donation. ~ ,....." If it is to be donated, ?o we have an agreement with the gr~up donating the facility? /2 tJ/~þ.J ;j&- ,11#--..;-(1 /r-; ~?~J ~. /.7 ,/' ~..,...... {4 J.:;JI-- J...J:JJ -jb c.,~~ ",?"l------............ Although this facility will be used as a meeting place for various religious groups I assume it will be a multi-purpose facility which will allow the county to maintain the building and equipment associated with it. I am sure there are numerous other questions and I wish I had more infonnation to give to you, but I have provided you with all I know at this point. Ray wants to take the agenda to the next board meeting so if you could respond today or be prepared to discuss it at the staff meeting tomorrow we can move forward with Ray's request. cc: Douglas Anderson Robert Bradshaw Marie Gouin Ray Wazny Dianne Bernardo . . ,. G:\BUDGET\WP\letters\FY OO\9'27_Chapel.wpd '-" """ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: PUBLIC WORKS 09/28/00 1 0/03/00 TO: 001-1900-562011-16002 BUILDINGS - PERMITS/APPLICATIONS $1,082 FROM: 001-9910-599100-100 CONTINGENCY $1,082 REASON FOR BUDGET AMENDMENT: TO PAY PERMIT FEES FOR THE ROCK ROAD CHAPEL AS APPROVED BY BOARD ON 10/03/00 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $1,000,000 $1,082 $998,918 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 01-101 G:\BUDGETIaUA TTRO\01 budget\General\Forms\01 Amend.wb3 v AGENDA REQUEST .."" f', /1 ITEM NO~ '-' DATE: 10/03/00 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [] Quasi-Jud. [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Development rf< Dev. Director SUBJECT: The Packers of Indian River Plat One/Minor Subdivision Plat BACKGROUND: On August 21, 2000, through Administrative Order CD-OO-OlS, my office approved the Minor Si te Plan for the proj ect to be known as The Packers of Indian River Plat One. On January 27, 1987, this Board approved the Chiquita Citrus Packing Inc., Major Site Plan. This site plan included the properties being subdivided as individual lots for future development. County staff has reviewed this minor subdivision plat and determined it to meet all minimum technical standards. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve the minor plat for the subdivision to be known as The Packers of Indian River Plat One, and authorize staff to proceed with its final processing. COMMXSSXON ACTXON: [ X] APPROVED [ ] OTHER: DENIED -- County Attorney: ;k/ Review and Approvals Originating Department: Management & Budget: Other: Purchasing: Other: Finance: (Check for Copy only, if applicable) '-' ...., COUNTY COMMISSION REVIEW: October 4,2000 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Julia Shewchuk, Community Development Director Date: September 26, 2000 Subject: The Packers of Indian River Plat One/Minor Subdivision Plat On August 21, 2000, through Administrative Order CD-00-015, my office approved the Minor Site Plan for the project to be known as The Packers of Indian River Plat One. Previously on January 27, 1987 this Board approved the Chiquita Citrus Packing Inc. Major Site Plan. This site plan included the properties being subdivided as part of this Minor Subdivision Plat. County staff has reviewed this minor subdivision plat and determined it to meet all minimum technical standards. Staff recommends that the Board authorize the minor plat for the subdivision to be known as The Packers of Indian River Plat One, and authorize staff to proceed with its final processing. If you have any questions, please let me know. SUBM:Dj?LJL J a Shewchuk, AICP mmunity Development Director JS/cs H:Jwp/projectslirpackerslplaVstfrpt.doc cc: County Administrator Asst. County Administrator Public Works Director File 8): III¡I! f?:.o;In~ Z :i3§!: º g~~~~~ r- ~~~ði5 ~ ~~:;i: a:: ãZ¡..!..... U ~~~~~~ (/) ~.:;;~:;;~ <~~ª~w W ~....~t':~~ a ~;m~ ~ Z o ~::r: ::r:E-< !:....... E-< P J:'""""""" PO < goo ~ (D~ P-c C':! Il.. ~$~ ~ ::r:oo- ~ ooz~ ~ ~~8 :> 0 E-< r:. ÞOO--4 E-< ~ ~ ....:£ ZoP 1-::7 S e:: 8 H E-<U ~ U~~ --4 ~oo- .......... ,... U ...---. 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