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Home My WebLink AboutAgenda Packet 10-10-00 '-' ""'" OCTOBER 10, 2000 9:00 AM 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. PUBUC 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. PUBUC 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 COMMI5SIONER5 AGENDA October 10, 2000 9:00 AM. 1. MINUTES J ~(DJ /~ Approve the minutes of the meeting held October 3, 2000. ~t~ \\~~\O / Approve the minutes of the Special Meeting held on September 29, 2000. INVOCATION PLEDGE OF ALLEGIANCE A. B. 2. PROCLAMATION/PRESENTATION No proclamations or presentations scheduled for October 10, 2000 3. GENERAL PUBLIC COMMENT ' CONSENT AGENDA ftí~~f)-A-pDf'O\~ wpMcpWC-A0- 4. PUBLIC HEARINGS MANAGEMENT AND BUDGET SA. Resolution No. 00-209 - Consider staff recommendation to adopt the resolution amending the budget to reflect the budget transfer from the General Fund Reserves to Mosquito Control. ~\HJ 0/0 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boara at these meetings will need a record ofthe proceedmgs and for such purpose may neea 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 parh' to the proceedings will be granted tbe 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 to the meeting. REGULAR AGENDA OCTOBER 10,2000 PAGE TWO '-" "'" RFP No. 00-088 - Consider Fort Pierce Harbor Advisory Committee recommendation for the Lease Agreement for the North Dock on South Causeway Island. Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. ~LJl~ ~~. ~ ( LO( (QLj '-' "'" CONSENT AGENDA October 10. 2000 1. WARRANTS LIST Approve warrants list No. S4 Approve warrants list No. 1 2. PURCHASING A. Bid No. 00-080 / Indian River Lagoon Trace - Consider staff recommendation to reject all bids and grant permission to re-advertise for bids for the construction of the Indian River Lagoon Trace Phase One. B. Bid Waiver / Sole Source Purchase - Consider staff recommendation to approve the request for a bid waiver and sole source purchase to American Seating for replacement seat bottoms and backs at Mets Stadium. 3. PUBLIC WORKS A. Work Authorization / Grey Twig Lane MSBU - Consider staff recommendation to approve the Work Authorization to the Agreement for Continuing Engineering Services, dated March 14, 2000 with LBFH, Inc. to prepare a Conceptual Design and Preliminary Cost Estimate for the proposed Grey Twig Lane MSBU, in the amount of $4,2 SO, and authorize the Chairman to execute the Work Authorization. B. Permission to Advertise / King Orange2 MSBU and Skylark2 MSBU - Consider staff recommendation to accept the two petitions and grant permission to advertise for the Initial Public Hearings to be held on November 8,2000 at 7:00 PM, or as soon thereafter as possible. C. Change Order No. 1- Consider staff recommendation to approve the change order to Sheltra & Son Construction Company, Inc., for the Glades Road Landfill Class I, Cell 3A Expansion and Leachate Force Main Relocation, for an increase of $42,484.40 and an increase of 37 days in contract time, bringing the original contract sum from $2,114,100.00 to the total sum of $2,1S6,584.50 4. LEISURE SERVICES A. Budget Resolution No. 00-218 - Consider staff recommendation to accept the Corporate Donation from Culpepper & Terpening, Inc. in the amount of $3,500 for South County Regional Stadium construction, and approve the budget resolution to appropriate and expend the funds. B. Contract Approval - Consider staff recommendation to approve the contract with Green Seas to provide River Boat Tours within St. Lucie County, and authorize the Chairman to sign the contract. O~. . PW>,f4-.:~ WCOfp¡rakJ ~c,.- b¿ ~.Ió)V ~~~ 'i1'\Q~of /œt1h5-. '-" ...., CONSENT AGENDA OCTOBER 10, 2000 PAGE TWO 4. LEISURE SERVICES (CONTINUED) C. Contract Approval- Consider staff recommendation to approve the contract with Country Store Sub Shop to provide concessions for Lawnwood Recreation Complex, St. Lucie County Civic Center and South County Regional Football/Soccer Stadium, and authorize the Chairman to sign the contract. D. Savannas Recreation Area / City of Fort Pierce FRDAP Grant - Consider staff recommendation to use $30,000 from existing Investment for the Future funding programmed for the Savannas Recreation Area as a match for the City of Fort Pierce's grant application to the Florida Recreation Development Assistance Program for improvements at the Savannas Recreation Area. E. Partnership / Interlocal Agreement and Sublease - Consider staff recommendation to authorize the Chairman to sign the Sublease and Partnership Interlocal Agreement with the City of Fort Pierce for the South Causeway Island Park to facilitate the City's ability to apply for a Florida Recreation Development Assistance Program (FRDAP) grant. ~. Pop Warner Football League Field Storage Building - Consider staff recommendation to approve the use of an additional $12,000 out of Park {lO /{\.1 ; leT A (Fort Pierce) Impact Fees to complete construction of a storage building ~.q:~YJP';:JV at the Pop Warner Football League field. .~)\ \\ (F yv ~ S. COUNTY ATTORNEY A. Amended and Restated Lease Agreement - Consider staff recommendation to approve the proposed Amended and Restated Lease Agreement with B & E Houck Enterprises, Inc., and authorize the Chairman to sign the agreement. B. Permission to Advertise / Ordinance No. 00-040 Amending Chapter 1-11, "Library" - Consider staff recommendation to grant permission to advertise for a public hearing on proposed Ordinance No. 00-40 on October 24, 2000 at 9:00 AM, or as soon thereafter as possible. C. New Horizons of the Treasure Coast, Inc. / FY 2000-01 Grant Agreements- Consider staff recommendation to approve the proposed agreements with New Horizons of the Treasure Coast, Inc., and authorize the Chairman to sign the agreements. D. Council on Aging of St. Lucie, Inc. / FY 2000-01 Grant Agreements - Consider staff recommendation to approved the proposed agreements with Council on Aging of St. Lucie, Inc., and authorize the Chairman to sign the agreements. E. Ross v. St. Lucie County; Kline/Silva v. St. Lucie County / Stipulated Settlement Agreements - Consider staff recommendation to approve the Stipulated Settlement Agreements and authorize the County Attorney to sign the agreements. '-" "-'" CONSENT AGENDA OCTOBER 10,2000 PAGE THREE 6. COMMUNITY DEVELOPMENT A. Tourism - Consider Tourist Development and staff recommendation to approve payment of the September invoices to R. J. Gibson in the amount of $22,S29.34. B. Final Hearings / Comprehensive Plan - Consider staff recommendation to set the first final Comprehensive Plan Hearing at 4:00PM on December S, 2000, and direct staff to advertise same. This hearing may be continued to later dates or times as necessary. C. Interlocal Agreement with the St. Lucie County Property Appraiser - Consider staff recommendation to approve the Interlocal Agreement for the updating of the countywide aerial photographs of St. Lucie County, Florida, and converting such documents from paper media to digital media. 7. INFORMATION TECHNOLOGY Budget Resolution No. 00-219 / Equipment Request No. 01-004 /IBM HA/CMP Computer System - Consider staff recommendation to approve the total five year cost for the approved lease purchase of the IBM HA/CMP computer system from funds available from loan proceeds in accordance with the approved agreement with IBM Credit Corp, and approve the budget resolution and the revised equipment request. 8. MANAGEMENT AND BUDGET Grant Application - Consider staff recommendation to approve the grant application for the Dill Enforcement Specialist Program, on behalf of the St. Lucie County Sheriff's Office, and authorize the County Administrator to sign the application. v ...., ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA October 10, 2000 1. MINUTES A. Approve the minutes of the meeting held September 26, 2000. ~ 2. GENERAL PUBLIC COMMENT PUBLIC HEARING f\VQ{ì)v~ . MANAGEMENT AND BUDGET 3A. Resolution No. 00-007 - Consider staff recommendation to adopt the resolution amending the budget to reflect the budget transfer from the General Fund Reserves to Mosquito Control. CONSENT AGENDA ~ 1. WARRANTS LISTS Approve Warrants list No. S3 and No. S4 Approve Warrants list No.1 NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record ofthe 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 an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contactthe 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. ~~ ....., ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA October 10, 2000 /~ø 1. MINUTES A. Approve the minutes of the meeting held September 26,2000. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA ~~ 1. WARRANTS LISTS Approve Warrants List No. S3and No. S4. -. ,., IJJ ~ Approve Warrants List No. 1- ~-1t.ðtetV~~ 2. PURCHASING RFP No. 00-062 / Professional Engineering Services for Coastal Engineering - Consider staff recommendation to approve the ranked shortlist: 1) Taylor Engineering, Inc. 2) Coastal Planning & Engineering, Inc. 3) Coastal Technology Corporation 4) Applied Technology & Management, Inc. and grant permission to negotiate with the top two ranked firms. The contracts will be brought back to the Board for approval. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need 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 an 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 to the meeting. ... v .....", BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 3, 2000 Tape: 1 Convened: 7:00 p.m. Adjourned: 8:00 p.m. Commissioners Present: Vice Chair, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Cliff Barnes, John D. Bruhn (absent) Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Paul Phillips, Airport Director, Ray Wazny, Public Works Director, Pete Keogh, Interim Leisure Services Director, Bill Blazak, Utilities Director, Don West, County Engineer, Don Cole Acquisitions Manager, A. Millie Delgado, Deputy Clerk 1. MINUTES( 1-0025) . It was moved by Com. Barnes, seconded by Com. Coward, to approve the minutes of the meeting held September 26, 2000; and, upon roll call, motion carried unanimously. 2. PROCLAMATION/PRESENTATION Resolution No. 00-215- Proclaiming the month of October, 2000 as "Domestic Violence Awareness Month" in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 00-215; and, upon roll call, motion carried unanimously. Ms. Deborah Swanson, Exec. Director, Safe Space, was present to accept the proclamation. 3. GENERAL PUBLIC COMMENTS Ms. Betty Lou Wells, representing the Comp Plan studý group, addressed the Board ." the approval of the Comp Plan and the Public Hearing scheduled for November 8,2000. Ms. Wells requested the Board not deviate from the scheduled hearing date. She stated she was aware there were rumors circulating regarding a possible change in the date due to political pressures from candidates. Com. Barnes stated he felt the Comp plan had to be completely free of any allegations that it's improper or is politically motivated. Therefore, he suggested the public hearing be changed for a date after the reorganization of the Board of County Commissioners. Mr. Gerald Koklinski, St. Lucie County resident, addressed the Board regarding the Charrette and presented images downloaded from the St. Lucie County Waterfront Council's website. -1- '-" """'" He stated the Charrette was not the citizens mandate by any means. He asked the Board change the Port Charrette plan to reflect the citizens ideas, less the Flex Zone, approve the Charrette Plan as the official plan for the remaining 67 acre port property, demand that any development on the 67 acres confonns with the plan. Mr. Bill Hearn, Tozier Road resident, concurred with the two previous speakers and what they have presented. Mr. Hearn addressed the Board regarding the area code changes in the county within the last few years. He asked the Board to request that each county have their own area codes so that it may last more than just 3 or 4 years. Also, he presented the Board with a video from the Galveston Bay Conservation and Preservation Association regarding the Container Ports: Lessons from Long Branch. This tape concerns a suit filed by the law finn of Blackburn and Carter in Texas. Com. Barnes addressed Mr. Hearns concerns and request and advised him of what is in the planning stages regarding area codes throughout the state. Mr. Charles Grande, Hutchinson Island resident, addressed the Board and thanked the Commission for their consideration on the group's position as expressed 2 weeks' ago. Mr. Grande also stated he concurred with Ms. Well's comments regarding the Comp Plan. Mr. Robert Anderson, area resident, addressed the Board regarding the South Bridge and the fact that there are what he felt too many large ships in the turning basin. He also addressed the Board regarding the two north end ~eaches and their boardwalks being in dangerous conditions. 4. CONSENT AGENDA(1-1194) It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda, minus items # C-3A and C-6; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 53 2. COUNTY ATTORNEY A. Environmental Learning Center- The Board approved the Interlocal Agreement between St. Lucie County and the School Board of St. Lucie County. B. South County Regional Stadium- The Board approved the Amended and Restated Interlocal Agreement between St. Lucie County and thp. School Board of St. Lucie . County, and authorized the Chainnan to sign thé agreement. C. Hidden River Estates- The Board approved the Contract for Sale and Purchase with Naomi S. Bender, Edward S. Bender and June R. Spencer in the amount of $8, 1 00 plus closing costs, authorized the Chainnan to execute the contract and direct staff to proceed with the closing and record the documents in the Public Records ofSt. Lucie County. 3. LEISURE SERVICES A. Pop Warner Football League Field Storage Building- This item was pulled B. Savannas Recreation Area- The Board approved granting pennission to apply for a FRDAP grant for renovations and improvements at the Savannas Recreation Area. -2- '-" 'WI 4. PUBLIC SAFETY Emergency Management Preparedness and Assistance Competitive Grant Program- The Board approved granting permission to apply for the EMP A Grant Program to fund 8 projects and have the aþplication delivered prior to December 18,2000. 5. DIVISION OF FORESTRY Annual Report- The Board accepted the Atmual Fire Control Report from the State Division Forestry. ' 6. PUBLIC WORKS Permit Fee for Chapel at Rock Road Jail-This item was pulled. 7. COMMUNITY DEVELOPMENT Minor Subdivision Plat- The Board approved the minor plat for the subdivision to be known as The Packers ofIndian River Plat One and authorized staff to proceed with its final processmg. REGULAR AGENDA 5. PUBLIC WORKS(11-1217) A. Resolution No. 00-1 95/South 26th St. MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the uniform method of collection non-ad valorem special assessments which may be levied by the South 26th St. MSBD. Com. Coward commended staff on their work in pursuing assistance in funding for this project. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 00-195; and, upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY (1-1359) 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 Chairmarl to execute the Agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. Com. Coward commended staff on their work in obtaining this parcel. It was moved by Com. Coward, seconded by Com. Barnes, to approve staff recommendation; ." and, upon roll call, motion carried unanimously. 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 ofFt. 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. It was moved by Com. Lewis, seconded by Com. Barnes to approve staff recommendation; and, upon roll call, motion carried unanimously. -3- ~ '-' Com. Barnes questioned where they stood in reference to the scheduling the public hearing for the Comp Plan. The Community Development Director advised the Board that they are planning to bring this item back to the Board next week. They have not advertised as of this point and are looking for some dates in December which would give them plenty of time to advertise as well as complete the plan hopefully in the year 2000. There being no further business to be brought before the Board, the meeting was adjourned at 8:00 p.m. Chairman Clerk of Circuit Court -4- '-" "'" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SPECIAL AIRPORT MEETING Date: September 29,2000 Tape: 1 Convened: 9: 15 a.m. Adjourned: 9:16 a,m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Doug Coward, Cliff Barnes, Paula A Lewis (absent) Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Paul Phillips, Airport Director, Marie Gouin, Interim M & B Manager, A. Millie Delgado, Deputy Clerk 1. AIRPORT (1-002) Federal Aviation Administration Grant- Consider staff recommendation to approve the grant offer in the amount of $1,084,579 from the F ederal Aviation Administration as the federal share for funding the Construct, Mark, and Light Taxiway A-3 (phase -1) Project, and the Rehabilitate Airfield Signage Project at the St. Lucie County International Airport. It was moved by Com. Hutchinson, seconded by Com. Barnes to approve staff recommendation; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 9:16 a.m. Chairman Clerk of Circuit Court " ......." "'" EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 26, 2000 Tape: 1 Convened: 10:07 a.m. Adjourned: 10:07 a.m. Commissioners Present: Chainnan, Doug Coward, Paula A. Lewis, Frannie Hutchinson, John D. Bruhn, Cliff Barnes Others Present: Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Jim David, Mosquito Control Director, Ray Wazny, Public Works Director, Jack Southard, Public Safety Director, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-3000) It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the minutes of the following meetings: August 8, 2000 September 7,2000 Tentative Budget Public Hearing September 14, 2000 Final Budget Public Hearing and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA (1-322) It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call motion carried unanimously. 1. . Warrant List The District approved Warrant List Nos. 46 thru 52. 2. Management/Budget Budget Resolution No. 00-03- The District approved the budget resolution acknowledging FEMA/.FDCA reimbursements for the small projects included in the disaster relief claim for Hurricane Floyd damage. -1- '" '-' .....,; There being no further business to be brought before the District, the meeting was adjourned. Clerk of Circuit Court Chairman -2- '-' """ MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 26, 2000 Tape: 1 Convened: 10:06 a.m. Adjourned: 10:07 a.m. Commissioners Present: Chairman, Cliff Barnes, Frannie Hutchinson, Paula A. Lewis, Doug Coward, John D. Bruhn Others Present: Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Julia Shewchuk, Community Development Director, Ray Wazny, Public Works Director"Jack Southard, Public Safety Director, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-2164) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the following meetings: September 12, 2000 September 7, 2000- Tentative Budget Public Hearing September 14, 2000- Final Budget Public Hearing and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. MANAGEMENT/BUDGET Resolution No. 00-007- This item was pulled. 4. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant List The District approved Warrant List No. 51 and 52. 2. Management/Budget Budget Resolution No. 00-06- The District approved the budget resolution acknowledging FEMA/FDCA reimbursement for the small projects included in the disaster relied claim for Hurricane Floyd damage. -1- 't '-' 'oJ There being no further business to be brought before the District, the meeting was adjourned. Chainnan Clerk of Circuit Court -2- '-" """ OCTOBER 10, 2000 9:00 AM 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. PUBUC 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 AM., then public hearings will be heard at 9:00 AM. 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. PUBUC 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 AM., 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 ßOARD OF COUNTY COMMI5510NER5 AGENDA October 10, 2000 9:00 AM. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES A. Approve the minutes of the meeting held October 3,2000. B. Approve the minutes of the Special Meeting held on September 29, 2000. 2. PROCLAMATION/PRESENTATION No proclamations or presentations scheduled for October 10,2000 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS MANAGEMENT AND BUDGET SA. Resolution No. 00-209 - Consider staff recommendation to adopt the resolution amending the budget to reflect the budget transfer from the General Fund Reserves to Mosquito Control. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boara at these meetings will need a record of the proceedmgs and for such purpose may neea 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) 462-1418 at least forty-eight(48) hours prior to the meeting. '-'" ....." REGULAR AGENDA OCTOBER 10,2000 PAGE TWO 6. ADMINISTRATION A. RFP No. 00-088 - Consider Fort Pierce Harbor Advisory Committee recommendation for the Lease Agreement for the North Dock on South Causeway Island. B. Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. '-'" """ CONSENT AGENDA October 10. 2000 1. WARRANTS LIST Approve warrants list No. S4 Approve warrants list NO.1 2. PURCHASING A. Bid No. 00-080 / Indian River Lagoon Trace - Consider staff recommendation to reject all bids and grant permission to re-advertise for bids for the construction of the Indian River Lagoon Trace Phase One. B. Bid Waiver / Sole Source Purchase - Consider staff recommendation to approve the request for a bid waiver and sole source purchase to American Seating for replacement seat bottoms and backs at Mets Stadium. 3. PUBLIC WORKS A. Work Authorization / Grey Twig Lane MSBU - Consider staff recommendation to approve the Work Authorization to the Agreement for Continuing Engineering Services, dated March 14, 2000 with LBFH, Inc. to prepare a Conceptual Design and Preliminary Cost Estimate for the proposed Grey Twig Lane MSBU, in the amount of $4,2 SO, and authorize the Chairman to execute the Work Authorization. B. Permission to Advertise / King Orange2 MSBU and Skylark2 MSBU - Consider staff recommendation to accept the two petitions and grant permission to advertise for the Initial Public Hearings to be held on November 8,2000 at 7:00 PM, or as soon thereafter as possible. C. Change Order NO.1 - Consider staff recommendation to approve the change order to Sheltra & Son Construction Company, Inc., for the Glades Road Landfill Class I, Cell 3A Expansion and Leachate Force Main Relocation, for an increase of $42,484.40 and an increase of 37 days in contract time, bringing the original contract sum from $2,114,100.00 to the total sum of $2,lS6,S84.S0 4. LEISURE SERVICES A. Budget Resolution No. 00-218 - Consider staff recommendation to accept the Corporate Donation from Culpepper & Terpening, Inc. in the amount of $3,SOO for South County Regional Stadium construction, and approve the budget resolution to appropriate and expend the funds. B. Contract Approval - Consider staff recommendation to approve the contract with Green Seas to provide River Boat Tours within St. Lucie County, and authorize the Chairman to sign the contract. '-" ......, CONSENT AGENDA OCTOBER 10,2000 PAGE TWO 4. LEISURE SERVICES (CONTINUED) p)F. c. Contract Approval- Consider staff recommendation to approve the contract with Country Store Sub Shop to provide concessions for Lawnwood Recreation Complex, St. Lucie County Civic Center and South County Regional Football/Soccer Stadium, and authorize the Chairman to sign the contract. D. Savannas Recreation Area / City of Fort Pierce FRDAP Grant - Consider staff recommendation to use $30,000 from existing Investment for the Future funding programmed for the Savannas Recreation Area as a match for the City of Fort Pierce's grant application to the Florida Recreation Development Assistance Program for improvements at the Savannas Recreation Area. E. Partnership / Interlocal Agreement and Sublease - Consider staff recommendation to authorize the Chairman to sign the Sublease and Partnership Interlocal Agreement with the City of Fort Pierce for the South Causeway Island Park to facilitate the City's ability to apply for a Florida Recreation Development Assistance Program (FRDAP) grant. 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 constructión ofë1storage building at the Pop Warner Football League field. - S. COUNTY ATTORNEY A. Amended and Restated Lease Agreement - Consider staff recommendation to approve the proposed Amended and Restated Lease Agreement with B & E Houck Enterprises, Inc., and authorize the Chairman to sign the agreement. B. Permission to Advertise / Ordinance No. 00-040 Amending Chapter 1-11, "Library" - Consider staff recommendation to grant permission to advertise for a public hearing on proposed Ordinance No. 00-40 on October 24,2000 at 9:00 AM, or as soon thereafter as possible. C. New Horizons of the Treasure Coast, Inc. / FY 2000-01 Grant Agreements- Consider staff recommendation to approve the proposed agreements with New Horizons of the Treasure Coast, Inc., and authorize the Chairman to sign the agreements. D. Council on Aging of St. Lucie, Inc. / FY 2000-01 Grant Agreements - Consider staff recommendation to approved the proposed agreements with Council on Aging of St. Lucie, Inc., and authorize the Chairman to sign the agreements. E. Ross v. St. Lucie County; Kline/Silva v. St. Lucie County / Stipulated Settlement Agreements - Consider staff recommendation to approve the Stipulated Settlement Agreements and authorize the County Attorney to sign the agreements. \wi ..." CONSENT AGENDA OCTOBER 10,2000 PAGE THREE 6. COMMUNITY DEVELOPMENT A. Tourism - Consider Tourist Development and staff recommendation to approve payment of the September invoices to R. J. Gibson in the amount of $22,S29.34. B. Final Hearings / Comprehensive Plan - Consider staff recommendation to set the first final Comprehensive Plan Hearing at 4:00PM on December S, 2000, and direct staff to advertise same. This hearing may be continued to later dates or times as necessary. C. Interlocal Agreement with the St. Lucie County Property Appraiser - Consider staff recommendation to approve the Interlocal Agreement for the updating of the countywide aerial photographs of St. Lucie County, Florida, and converting such documents from paper media to digital media. 7. INFORMATION TECHNOLOGY Budget Resolution No. 00-219 / Equipment Request No. 01-004 /IBM HA/CMP Computer System - Consider staff recommendation to approve the total five year cost for the approved lease purchase of the IBM HA/CMP computer system from funds available from loan proceeds in accordance with the approved agreement with IBM Credit Corp, and approve the budget resolution and the revised equipment request. 8. MANAGEMENT AND BUDGET Grant Application - Consider staff recommendation to approve the grant application for the DUI Enforcement Specialist Program, on behalf of the St. Lucie County Sheriff's Office, and authorize the County Administrator to sign the application. '-' ....., BOARD OF COUNTY COM:MISSIONERS ST. LUCIE COUNTY, FLORIDA SPECIAL AIRPORT MEETING Date: September 29,2000 Tape: 1 Convened: 9: 15 a.m. Adjourned: 9:16 a.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Doug Coward, Cliff Barnes, Paula A Lewis (absent) Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Paul Phillips, Airport Director, Marie Gouin, Interim M & B Manager, A. Millie Delgado, Deputy Clerk 1. AIRPORT (1-002) Federal Aviation Administration Grant- Consider staff recommendation to approve the grant offer in the amount of$I,084,579 from the Federal Aviation Administration as the federal share for funding the Construct, Mark, and Light Taxiway A-3 (phase -1) Project, and the Rehabilitate Airfield Signage Project at the St. Lucie County International Airport. It was moved by Com. Hutchinson, seconded by Com. Barnes to approve staff recommendation; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 9:16 a.m. Chairman Clerk of Circuit Court '-" - ... -r_ '-' COMMISSIONERS BOARD OF COuN~~TY, FLORIDA ST. LUCIE C REGULAR MEETING - 3 2000 Date: October , Tape: 1 Convened: 7:00 p.m. Adjourned: 8:00 p.m. -- C ard Cliff --- . Doug oW , . Paula A. LeWis, . Hutchmson, - nt. Vice Chair, Frannie . . ers prese . COIl1rIllSSlOn D Bruhn (absent) Barnes, John . b rt Bradshaw, Asst. County Anderson, County Administr~tor, R:c~uk Community Development Othe~s ~resent:g:t.clntyre, County Attorney, Julia Sh~liC W;rks Director, Pete Keogh: ~~:~~~:t;:~;'Phil1iPS' Ai~ort DireB~tlolrB' ~:~kW~7K~i:: Director, Don West, County Engmeer, '. S· ces Dlrector, 1 , Cl k Interim LelSure. ~~l A Millie Delgado, Deputy er Don Cole ACqUlSltlOns Manager, . 1. MINUTES(1-0025) d b C Barnes seconded by Com. Coward, to approve the minutes of the It was move yom. , . . . I meeting held September 26, 2000; and, upon roll call, motIon carned unammous y. 2. PROCLAMATION/PRESENTATION Resolution No. 00-215- Proclaiming the month of October, 2000 as "Domestic Violence Awareness Month" in S1. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 00-215; and, upon roll call, motion carried unanimously. Ms. Deborah Swanson, Exec. Director, Safe Space, was present to accept the proclamation. 3. GENERAL PUBLIC COMMENTS Ms. Betty Lou Wells, representing the Comp Plan study group, addressed the Board .- the approval ofthe Comp Plan and the Public Hearing scheduled for November 8, 2000. Ms. Wells requested the Board not deviate from the scheduled hearing date. She stated she was aware there were rumors circulating regarding a possible change in the date due to political pressures from candidates. Com. Barnes stated he felt the Comp plan had to be completely free of any allegations that it's improper or is politically motivated. Therefore, he suggested the public hearing be changed for a date after the reorganization of the Board of County Commissioners. Mr. Gerald Koklinski, 81. Lucie County resident, addressed the Board regarding the Charrette and presented images downloaded from the 81. Lucie County Waterfront Council's website. -1- .. ~- ... '-' "'" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 3, 2000 Tape: 1 Convened: 7:00 p.m. Adjourned: 8:00 p.m. Commissioners Present: Vice Chair, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Cliff Barnes, John D. Bruhn (absent) Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Ass1. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Paul Phillips, Airport Director, Ray Wa:zny, Public Works Director, Pete Keogh, Interim Leisure Services Director, Bill Blazak , Utilities Director, Don West, County Engineer, Don Cole Acquisitions Manager, A. Millie Delgado, Deputy Clerk 1. MINUTES(1-0025)' It was moved by Com. Barnes, seconded by Com. Coward, to approve the minutes of the meeting held September 26, 2000; and, upon roll call, motion carried unanimously. 2. PROCLAMA TION/PRESENT A TION Resolution No. 00-215- Proclaiming the month of October, 2000 as "Domestic Violence Awareness Month" in S1. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 00-215; and, upon roll call, motion carried unanimously. Ms. Deborah Swanson, Exec. Director, Safe Space, was present to accept the proclamation. 3. GENERAL PUBLIC COMMENTS Ms. Betty Lou Wells, representing the Comp Plan study group, addressed the Board ._ the approval of the Comp Plan and the Public Hearing scheduled for November 8,2000. Ms. Wells requested the Board not deviate from the scheduled hearing date. She stated she was aware there were rumors circulating regarding a possible change in the date due to political pressures from candidates. Com. Barnes stated he felt the Comp plan had to be completely free of any allegations that it's improper or is politically motivated. Therefore, he suggested the public hearing be changed for a date after the reorganization of the Board of County Commissioners. Mr. Gerald Koklinski, 81. Lucie County resident, addressed the Board regarding the Charrette and presented images downloaded from the S1. Lucie County Waterfront Council's website. -1- ....... «"-'":";¡ '-" ~ He stated the Charrette was not the citizens mandate by any means. He asked the Board change the Port Charrette plan to reflect the citizens ideas, less the Flex Zone, approve the Charrette Plan as the official plan for the remaining 67 acre port property, demand that any development on the 67 acres confonns with the plan. Mr. Bill Hearn, Tozier Road resident, concurred with the two previous speakers and what they have presented. Mr. Hearn addressed the Board regarding the area code changes in the county within the last few years. He asked the Board to request that each county have their own area codes so that it may last more than just 3 or 4 years. Also, he presented the Board with a video from the Galveston Bay Conservation and Preservation Association regarding the Container Ports: Lessons from Long Branch. This tape concerns a suit filed by the law finn of Blackburn and Carter in Texas. Com. Barnes addressed Mr. Hearns concerns and request and advised him of what is in the planning stages regarding area codes throughout the state. Mr. Charles Grande, Hutchinson Island resident, addressed the Board and thanked the Commission for their consideration on the group's position as expressed 2 weeks ago. Mr. Grande also stated he concurred with Ms. Well's comments regarding the Comp Plan. Mr. Robert Anderson, area resident, addressed the Board regarding the South Bridge and the fact that there are what he felt too many large ships in the turning basin. He also addressed the Board regarding the two north end ~eaches and their boardwalks being in dangerous conditions. 4. CONSENT AGENDA(1-1194) It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda, minus items # C-3A and C-6; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 53 2. COUNTY ATTORNEY A. Environmental Learning Center- The Board approved the Interlocal Agreement between St. Lucie County and the School Board of St. Lucie County. B. South County Regional Stadium- The Board approved the Amended and Restated Interlocal Agreement between St. Lucie County and thp. School Board of St. Lucie . County, and authorized the Chainnan to sign thè agreement. C. Hidden River Estates- The Board approved 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, authorized the Chainnan to execute the contract and direct staff to proceed with the closing and record the documents in the Public Records of St. Lucie County. 3. LEISURE SERVICES A. Pop Warner Football League Field Storage Building- This item was pulled B. Savannas Recreation Area- The Board approved granting pennission to apply for a FRDAP grant for renovations and improvements at the Savannas Recreation Area. -2- ;) --. , .....".. ...." 4. PUBLIC SAFETY Emergency Management Preparedness and Assistance Competitive Grant Program- The Board approved granting permission to apply for the EMP A Grant Program to fund 8 projects and have the application delivered prior to December 18, 2000. 5. DIVISION OF FORESTRY Annual Report- The Board accepted the Annual Fire Control Report from the State Division Forestry. 6. PUBLIC WORKS Permit Fee for Chapel at Rock Road Jail-This item was pulled. 7. COMMUNITY DEVELOPMENT Minor Subdivision Plat- The Board approved the minor plat for the subdivision to be known as The Packers ofIndian River Plat One and authorized staffto proceed with its final processmg. REGULAR AGENDA 5. PUBLIC WORKS(1l-1217) A. Resolution No. 00-1 95/South 26th St. MSBU- Consider staff recommendation to adopt the resolution stating ~he County's intent to use the uniform method of collection non-ad valorem special assessments which may be levied by the South 26th St. MSBU. Com. Coward commended staff on their work in pursuing assistance in funding for this project. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 00-195; and, upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY (1-1359) 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. Com. Coward commended staff on their work in obtaining this parcel. It was moved by Com. Coward, seconded by Com. Barnes, to approve staff recommendation; .- and, upon roll call, motion carried unanimously. 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 ofFt. 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. It was moved by Com. Lewis, seconded by Com. Barnes to approve staff recommendation; and, upon roll call, motion carried unanimously. -3- ...... ~ ....", Com. Barnes questioned where they stood in reference to the scheduling the public hearing for the Comp Plan. The Community Development Director advised the Board that they are planning to bring this item back to the Board next week. They have not advertised as of this point and are looking for some dates in December which would give them plenty of time to advertise as well as complete the plan hopefully in the year 2000. There being no further business to be brought before the Board, the meeting was adjourned at 8:00 p.m. Chainnan Clerk of Circuit Court -4- ,/, , '-' AGENDA REQUEST """ ITEM NO. SA DATE: 1 0/1 0/00 REGULAR [ ] PUBLIC HEARING [X] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: PRESENTED BY: Marie M. Gouin Amendment to transfer funds from the General Fund Reserves to Mosquito Control. Currently, Mosquito Control Fund has a negative cash balance due to the dike repairs' expenses after Hurricane Irene. In order to clear the negative cash, staff is recommending transferring the funds from the General Fund Reserves. This requires a Budget Amendment and a public hearing. Transfer between funds has to be done by public hearing, which is done by the attached resolution. The Federal Emergency Management Agency (FEMA) will reimburse the approved costs, and a receivable will be set up in the amount of 1,502,423,72 in the General Fund. 001-9910-599300-800 - General Fund Reserves. October 19, 1999 - Approval to transfer funds from the General Fund Reserves to cover expenses associated with Hurricane Irene. September 12. 2000 - Permission to advertise for a Public Hearing. RECOMMENDATION: Staff recommends the Board of County Commissioners adopt resolution No. 00-209 amending the budget to reflect the budget transfer from the General Fund Reserves to Mosquito Control. COMMISSION ACTION: RENCE: [lq APPROVED [] DENIED [ ] OTHER: (V .) -à. County Attorney: XX ',/ Originating Dept: Coordination/S jq natures Management & Budget: ~ Purèhasing: Public Works: Mosquito: xx Finance: (Check for Copy only, if applicable)_ '-' -....I ,¡ RESOLUTION 00-209 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners Budget for St. Lucie County, amending the budget to transfer funds from the General Fund Reserves to Mosquito Control to cover expenses associated with Hurricane Irene. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 10th day of October, 2000, pursuant to Section 129.06 (d), Florida St3tutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the County's budget is hereby amended as follows: REVENUES See attachment "A" APPROPRIATIONS See attachment "A" After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 10TH DAY OF OCTOBER, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: ". 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'~ ':; =: u... u... 0 <J) '" (f) ill .....J ro ai 0- ::I CD ....J t: <t: "C ~ U ~ 0 LlJ Ü -£ <{ ~ ro CD Q¡ ¡::: ü ~ a:: ::) ill a ;t: (I) w a:: -0 :æ LlJ 0 CD ro ä: e C) :::> 0 e 0 Z (f) Z CD a a Z CD 0 ill CD Q¡ t >- ::J 0 E a:: LlJ 0 <.9 ..c a e Ð (f) ro u... <.9 I- ~ . l- f: u... <{ 0 '-'" ....." 09/11/00 HURRICANE IRENE 19006 BRIEF ANALYSIS OF MOSQUITO CONTROL PROJECTS: Mika Gorniewicz, OMB 2,228,021.70 Project expenses Year-To-Date plus 478,784.55 Encumberances as of 9/11/00 2,706,806.25 Total project expenses minus (866,031.75) Actual reimbursement received from FEMA 1,840,774.50 Amount to be transferred from 001 to 145 minus (338,350,78) Amount that will not be reimbursed by FEMA 1,502,423.72 Amount of FEMA receivable to be set up in General Fund " ..". .. AGENDA REQUEST ...."", ITEM NO. M '-' DATE: October 3, 2000 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): Administration Robert Bradshaw Assistant County Administrator SUBJECT: RFP No. 00-088 Dock Lease Agreement for the North Dock BACKGROUND: See attached memorandum dated September 27, 2000 FUNDS AVAILABLE: NjA PREVIOUS ACTION: Nj A RECOMMENDATION: Consider Fort Pierce Harbor Advisory Committee recommendation forthe Lease Agreement for the North Dock on South Causeway Island. [ ] APPROVED [ ] DENIED [2g OTHER: Pulled Prior to Meeting. CE: COMMISSION ACTION: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept, Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-" ......" MEMORANDUM TO: Board of County Commissioners FROM: Robert Bradshaw, Assistant County Administrator DATE: September 27, 2000 SUBJECT: Fort Pierce Harbor Advisory Committee Recommendation Re: RFP#00-088 Dock Lease A¡?;reement for the North Dock As you know, the County received two responses to RFP#OO-088 Dock Lease Agreement for the North Dock on South Causeway Island. Both Andrew Keblinsky/Schooner Rachel B. Jackson and CSL Development submitted proposals. The Fort Pierce Harbor Advisory Committee considered both responses during the September 26 meeting and recommended that the Board of County Commissioners approve the Rachel B. Jackson proposal. The committee votes are as follows: In favor of the Rachel B. Jackson: Commissioner Mary Ann Bryan, City of Ft. Pierce Jeanne Hearn Delores Hogan-Johnson, Chairman David Souza Against the Rachel B. Jackson: Gail Kavanagh, Vice-Chairman Kevin Jackson Stix Nickson The Fort Pierce Harbor Advisory Committee requests that the recommendation be scheduled for the BOCC Agenda at the earliest convenience. Copies of the Fort Pierce Harbor Advisory Committee Meeting from September 26, 2000 will be forwarded to you within the next couple of days. Thank you. RJB: sh . '-' ""'" , Minutes of Meeting Fort Pierce Harbor Advisory Committee September 26, 2000 Convened: 3:08 p.m. Adjourned: 5:32 p.m. This meeting of the Fort Pierce Harbor Advisory Committee was held Tuesday, September 26, 2000 at 3:00 p.m. in Conference Room 3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: . Delores Hogan-Johnson, Chairman Gail Kavanagh, Vice-Chairman Commissioner Mary Ann Bryan, City of Fort Pierce Jeanne Hearn Kevin Jackson Stix Nickson David Souza Members not present: Dan Nelson Others present: Robert P. Anderson, Resident St Lucie County John Arena, Earth First Robert Bradshaw, Assistant County Administrator Charline Burgess, Assistant to County Commissioner Coward Richard Carnell, Indian River Terminal Company Commissioner Doug Coward Jim David, St Lucie County Mosquito Control District Jim Egan, Marine Resources Council Sandra Hood, Recording Secretary George Kavanagh Gerald Kuklinski, St Lucie Waterfront Council Bill Leshe', Indian River Terminal Company John Leshe', Ocean Towing Corp. Kaisaimari Lind John McDonald, Sr., Resident Ft Pierce Roy Orjala Mark Pollio, Ft Pierce Tribune Marge Thomas, St Lucie Waterfront Council Betty Lou Wells, Conservation Alliance Don West, St Lucie County Engineering Heather Young, Asst County Attorney 1 · '-' 'wi Fort Pierce Harbor Advisory Committee September 26,2000 Page Two Agenda 1. Roll Call: Roll Call was taken. 2. Approve Minutes from the August 22, 2000 Meeting. It was moved by, Jeanne Hearn, seconded by David Souza, to approve the minutes of the August 22, 2000 meeting. Motion carried unanimously. Delores Hogan-Johnson stated that she had a question regarding the dredging on page 7, of the August 22, 2000 meeting minutes, and could the source come from the Heffelbower dredging. Bill Lesh'e stated that he thinks that the source is more closely tied to an operation on the Harbor Point property several months ago. The equipment that was used, was stuck, and created a vast amount of build up in the area. Delores Hogan-Johnson stated that on page 9 that the disposal site needed to be clarifyed as Taylor Creek. 3. Public Comment John Arena stated that we have a specified deepwater coral formation, located in front of Ft. Pierce. He feels this area could be a terrific eco-tourism draw. He has located a tour-submarine that would take passengers out and down to look at the coral banks. Robert P. Anderson stated that questions asked in previous meetings regarding the spur jetty were not answered. He wanted to know what the results were and what the benefits are. Robert Bradshaw stated that the study is in-house and that it is going to be on the agenda for next month's meeting. Don West will be there to provide copies of the report prepared by the Army Corp of Engineers. Robert P. Anderson asked if a bid had been submitted for Taylor Creek or when the dredging will begin. Don West stated that at this point, they still have to design and get permits for the project before they begin to solicit bids. Bill Leshe' stated that he was recently made aware of an action that has been taken by the St. Lucie Waterfront Council against the County. Robert Bradshaw stated that he received a fax regarding an administrative court proceeding on the permitting process the County is going through for one of the berth permits. He said that was all that he knew right now and that he would get Bill Leshe' a copy of the fax. Gerald Kuklinski stated that his personal feelings regarding the Dock Lease Agreement for the North Dock on South Causeway Island are as such. He thinks this should be assigned to the Rachel 8, Jackson. He feels this is the opportunity to permanently assign a spot for a tall-ship, instead of a gambling ship, which we already have. Robert P. Anderson asked what was paid by the Rachel B. Jackson last year when it was here. Robert Bradshaw stated that it was less than $250.00 for the entire season. The percentage that came back to the County was $1.00 per paying customer. 2 A Fort Pierce Harbor Advi,-" Committee September 26, 2000 Page Three "'" 4. Presentation by Jim Egan, Marine Resources/Scientific Survey - Shipping Effects on the Indian River Lagoon. Jim Egan introduced himself to the Committee. He gave a presentation on the scientific study done on the shipping effects of the Indian River lagoon. Jim Egan stated that the Waterfront Council and the Marine Resources Council, both contributed for an independent researcher, a graduate student at the Florida Institute of Technology, to undertake a scientific survey, under the guidance of Dr. John Windsor of the Florida Institute of Technology. The intent of the survey was not to steer anyone into making an opinion, or a conclusion. It does not contain FIT, the Marine Resources Council, or the Waterfront Council's official position on the subject. Jim Egan stated that the survey is a combined collection of the scientific information that was available over the two years of collection, which consisted of over 200 studies. The short conclusion section was the only creative writing in the document except for summarizing what the scientific data themselves said, The advisor, Dr. John Windsor, was there to ensure that the student was using valid scientific studies, not overlooking any, and at no time was the student given the idea to go one way or the other with the findings. Jim Egan highlighted certain areas throughout the document that he felt were important. The areas included the Invasive Species, Dredging Impacts, Emissions from Vessels, and Economic Viability. All information can be found in the summary of the study packages given to each Committee Member. Jim Egan stated that in conclusion, the author expressed his opinion, based on the scientific studies he had been looking at. The author stated, "Because existing deep water ports will continue to attract most of the vessel traffic for economic reasons, there is no economic incentive to expand smaller ports along the Florida East Coast. Impacts related to expanding smaller ports are also inconsistent with the needs of the rising tourist industry and the commercial and recreational fishing industry in Indian River lagoon. A long-term management strategy more compatible with these uses, would be for smaller ports to capitalize on the natural features of the Indian River Lagoon, and concentrate on natural resource based recreation opportunities like water sports, fishing, boating, and river cruises." Gail Kavanagh asked what constitutes the $400 million a year in revenue on one of the slides and whether or not it was for the I ndian River lagoon or one of the other ports listed. Jim Egan stated that $400 million was in reference to Laguna Madre in Texas. He also explained that an acre of sea grass is vital habitat to over 9,000 fish. Of the 9,000 fish inhabiting that area, the economics associated with recreational and other use of that resource would equate to over $10,000 per acre. The figure keeps rising and has been recently as high as $14,000 per acre. We have about $700 million dollars a year worth of economic benefits that are derived from a healthy lagoon. If we improve the health of the lagoon, we could actually get another $700 million in resources out of it. If we compromise the health of the lagoon, we can easily compromise the current $700 million but also undermine about $2 billion dollars in waterfront real estate. Stix Nickson asked if there had been any case studies of human health hazards related to toxic organisms and if so where are they. Jim Egan stated that in the Chesapeake Bay area, there have been 278 extensive studies done on human health effects. In the report itself, it should talk about the dangers of invasive species coming in. Stix Nickson asked if any of the studies had been done in the Indian River Lagoon, in the Ft. Pierce area. Jim Egan stated that the scientists made the decision that every study applies to the Indian River Lagoon. Stix Nickson stated that the studies seem to project a very gloom scenario and were there any positive studies. Jim Egan stated that the positive benefits of having a port in our area has not been shown to have an impact on the environment. Stix Nickson stated that he would like to get together with Jim Egan to share some issues that he has researched, that present a different opinion and side than what is being presented. 3 , Fort Pierce Harbor Advi~ Committee September 26,2000 Page Four ...." Kevin Jackson asked about the conclusion of the study from the graduate student. Jim Egan stated that the conclusion was of the student's own opinion, but it was also the conclusion of the Urban Harbor Institute. Richard Carnell asked if the Indian River Terminal Company is a smaller or a larger port. Jim Egan stated that he could not answer the question, as if there was only one potential answer to the question. Reading the actual study, it talks about each port and talks about the depths of the port and the levels of the activity that goes on. Richard Carnell asked if Jim Egan knew the level activity of the Indian River Terminal Company to the point where he would be able to say whether or not it is a smaller or a larger port. Jim Egan stated that the levels of activity, based on the report, associated with the ports listed, you might read into it that Ft. Pierce would be a smaller port. Richard Carnell asked what the date was of the study. Jim Egan stated that it was released in April 2000, Richard Carnell asked Jim Egan if he was aware of the emission studies on the effect of outboard motors on the lagoon versus cargo ships and the fact that the emissions from outboard motors cause more damage than the current amount of cargo ships that come in and out of the Indian River Lagoon. Jim Egan stated that he was aware, and world-wide there is a large percentage but it is not relevant to our area. Richard Carnell asked if Jim Egan was familiar with the current State and Federal regulations governing ballast water. Jim Egan stated that he was and just recently the regulations had been changed to try to get the vessels to change the ballast water out in the deep water. The difficulty will be enforcing it. Richard Carnell asked if Jim Egan was familiar with the study currently performed by NOAA, regarding the analysis of the offshore dredge activity. Jim Egan stated that this report did not cover that, because at the time of this study, NOAA's study was still ongoing and wasn't available. Richard Carnell asked if it wouldn't be more prudent in terms of analyzing the effects of any dredging activity to wait for NOAA's report. Jim Egan stated that NOAA's study, though it may show very good or very bad about Ft. Pierce, should not contradict what is understood about the physics of material being dropped into deep waters. Jim David stated that as long as there is shipping, there is a risk. The sea grass in Indian River is primarily a storm water runoff problem not a port or inland dredging problem at this point. All of the sea grasses were practically destroyed when the inlet was reduced in its capacity, in the mid 1970's. Jim David stated that we have lost 75% in this area and we have recovered a huge amount of that since the reef and inlet have been managed differently. Jim David feels that if you stopped every ship from coming into the port, the organisms would not stop coming into the United States. It is a National port problem that everyone has to deal with and it has to become an important part on how we manage both our coastal fishery's and coastal fleets. Jim Egan stated that it is important to point out that every comment that Jim David made is consistent with the study and isn't contradictory. Jim Egan stated that storm water runoff is believed to be about 80% of the impacts and a large section of the study talks about the storm water impacts. 5. Consider RFP #00-088 to enter into Dock Lease Agreement for the North Dock on South Causeway Island. Robert Bradshaw stated that in the packages, there are two respondents to the RFP's for the North Dock on South Causeway Island. Also included, was a short comparison between the two respondents, the Rachel B. Jackson and the motor vessel entertainer. The Committee indicated in the last meeting that they wanted this issue to come back before them, and after consideration, for the Committee to make a recommendation to the Board of County Commissioners. Jeanne Hearn asked about the installation of the berth and pilings, whether or not there is any cost factor available, and how much improvement in dollar value that entails. Robert Bradshaw stated that in the proposal, it seems that they would absorb the cost, but he does not know what the figures are but will find out. 4 Fort Pierce Harbor Advis~Committee September 26, 2000 Page Five ......, Delores Hogan-Johnson asked if Robert Bradshaw knew when this recommendation was to go before the County Commissioners. Robert Bradshaw stated that it was contingent upon the action taken at this meeting. Jeanne Hearn stated that she has concerns as far as the educational aspect of the area with the new Smithsonian display and the present Historical Museum. She is concerned about people coming into the area intoxicated and while students are visiting the area. Jeanne Hearn stated that she has concern on turning our back on the Rachel B. Jackson. She understands from the Smithsonian that they were very helpful to them in doing research, letting them use the docks, and they also worked at the Historical Museum on rainy days in support. The Rachel B. Jackson is an educational vessel. Jeanne Hearn stated that she would also be concerned about how this is going to be monitored. Stix Nickson stated that the Rachel B. Jackson is a fine vessel, but if we are looking at the overall good of the county and its residents, he sees a big disparity between the two. The integral part of this, is the improvements that are going to take from the revenue. Robert Bradshaw responded by quoting from the CSL proposal, "In considerations ofthe improvements to be made by Sure Bet, the County will credit the cost of all pre-approved improvements, which are agreed to and accepted by the County, against all rent due to the County." David Souza stated that the Rachel B. Jackson would be a better fit for the County, money aside, than a gambling ship offshore. He thinks it would be more of an asset in the long run than the other ship. John McDonald stated that the gambling ships are mostly cheating people out of money. He suggests that if the County chooses a gambling boat, a stipulation be set, holding the boat owner liable. Richard Carnell stated that either proposal might be in conflict with the existing Port Master Plan, and that the County may be supporting the views, which is in direct competition with the Indian River Terminal Company. David Souza stated that he thinks the County Commission and their representatives should be responsible for handling this. David Souza feels that they are only asking the Committee for an advisory on which way the County should go with this particular situation. David Souza made a motion to recommend the Rachel B. Jackson to the County Commissioners Office for a dock slip. Delores Hogan-Johnson stated that there is now a motion on the floor that the Committee recommend the Rachel B. Jackson and those being in favor ofthe Rachel B. Jackson being recommended by the Committee, raise your hands. The answer being, four hands in favor, three hands opposed. Delores Hogan-Johnson stated that the recommendation was to go forth with the Rachel B. Jackson. Delores Hogan-Johnson stated that in light of the recommendation going forth, valid comments had been raised, and they are worthy to be looked into by the County Commission. 6. Consider RFQ #5025 Port and Waterfront Development Robert Bradshaw stated that Delores Hogan-Johnson has copies of four proposals. There will be a joint City/County Commissioners meeting on September 29, 2000 to discuss and draft the scope of the services. Jeanne Hearn stated that she is very confused on what is being studied. Robert Bradshaw stated that this is at the request of the City and that the Counties agreed to participate to the extent which they are at now. As far as financial mechanism's, or endorsements the County has not reached that level yet. Robert Bradshaw stated that this is at the urging of the City of Ft. Pierce. The issue will be discussed at the meeting on September 29, 2000. Richard Carnell stated that he understands the Department of Community Affairs is coming out with a letter in the next seven days that will specifically define the County's rule, as well as the City's rule. 5 'Fort Pierce Harbor Advi~ Committee September 26, 2000 Page Six ,., 7. Review Guide to the Sunshine Amendment Heather Young stated that the Sunshine Law, as it pertains to committees and boards, is designed to ensure that the decision making process occurs in the open and that the public has access to that process. She stated that the important thing to remember is that you are prohibited to having discussion, related to a matter, which is foreseeable that the Committee may take action on in the future. If it's something that has already been decided upon, that discussion is permissible, but you are looking at making sure that whatever goes into the decision making process happens in the open. You are not allowed to have discussions between members of the Committee at public forums. 8. Other Business Mary Anne Bryan asked if there is a possibility of closing the boat ramps permanently at the Manatee Amphitheater area that are closed part of the year. Robert Bradshaw stated that he did not know but he would check into it. Mary Anne Bryan stated that at the last meeting there was talk about new boat ramps and asked if the County was pursing it. Robert Bradshaw stated that the County is pursing it. The County is working with the Manatee people, to have them review the permit again, and if they approve the permit, the County will resubmit it back to the Corp and hopefully get it approved. Jeanne Hearn stated that part of the problem about not having facts regarding the Port of Ft. Pierce, is because we do not have a Ports Director and we do not collect facts on private enterprises. Jeanne Hearn stated that the community would be very interested to know what the facts are but private enterprise has the right not to tell us the facts. Richard Carnell stated that the Port Director in St. Lucie County is Doug Anderson. Jeanne Hearn stated that in a previous Harbor Advisory meeting, Doug Anderson was asked directly if he was Port Director, and he did not indicate that he was. Two years ago, Doug Anderson was interim Port Direct but she has never been at a meeting where that has been confirmed. Heather Young stated that the Florida Legislature abolished the Port & Airport authority and all duties of the authority were transferred to the Board of County Commissioners. Heather Young stated that there is not someone designated specifically as the Port Director at this time. 9. Adjournment Having no other business to discuss, it was moved by Commissioner Mary Ann Bryan, seconded by Jeanne Hearn, to adjourn, the motion carried unanimously. The meeting adjourned at 5:32p.m. Respectfully submitted, Sandra L. Hood Recording Secretary CC: Fort Pierce Harbor Advisory Committee: Delores Hogan-Johnson, Chairman Dan Nelson Gail Kavanagh, Vice Chairman Kevin Jackson Commissioner Mary Ann Bryan Stix Nickson David Souza Jeanne Hearn ilïïlas M. Anderson, County Administrator . Jf r ,- mr I _ mH ~ rr -I fit i/l Board of County Commissioners Dan Mcintyre, County Attorney Ray Wazny, Public Works Director Don West, County Engineer 6 ~ ~ MEMORANDUM FROM: Board of County Commissioners Robert Bradshaw, Assistant County Administrator 7J1iJ TO: DATE: September 18, 2000 SUBJECT: RFP #00-088 The following vendors responded to the Dock Lease Agreement for the North Dock on South Causeway Island: (1) Andrew Keblinsky/Schooner Rachael B. Jackson (2) CSL Development/MV Entertainer Please find attached a brief comparison of the two respondents and an informal depth survey. If you have any questions please contact Doug Anderson or myself RJB:ah c:Doug Anderson Ft Pierce Harbor Advisory Committee y ...." RACHEL B. JACKSON ENTERT AINER LENGTH 67' 202' OPERATIONS 2 HR. DAY SAILS DA Y /EVENING ENTERTAINMENT CRUISES WI CASINO GAMBLING TERM 5 YR. SEASONAL (NOV. - MAY) 1 YR. WI 2 5 YR. OPTIONS RENT $1.00 PER PAYING PASSENGER, PAYABLE IN-KIND WITH CRUISE TICKETS $5,000.00 PER MONTH, PLUS $1.00 PER PASSENGER IN EXCESS OF 5,000 PASSENGERS PER MONTH DOCK IMPROVEMENTS NONE 1. INSTALL 3 BERTHING DOLPHIN PILINGS 2. INSTALL 2EA. 12 X 60 OFFICE TRAILERS 3. CLEAN, LEVEL, AND RE-GRA VEL PARKING LOT 4. INSTALL pARKING LOT LIGHTING COSTS OF IMPROVEMENTS WILL BE CREDITED AGAINST RENT PAYMENT LARGEST GROSS RECEIPTS FOR ONE YEAR $55,000.00 Southwest Harbor, ME $851,000.00 South Padre Island, TX .¡ ÙùJFr ß (' /ð¥'z I rT ~ i en::e C i T Y l"lar' J na '-' 931 464 2.588 iZ7/2.5l0' :47P P.0Øl '-' CITY Of RT PlEUE c..0N.¡- ~ \ r (' ~, . ' ..,. ~-..'~.f ~..., ... ....-.... .....-.- CITY MARINA 1 AVENlJE A FORT PIERCE. FLORIDA 34950 Dç.<.,;oî Af'.JD'</~l....SQ"V (, ,l2-í lO~êO LOw \l.ùL TEL (561) 464-1245 FAX (561) 464-2500 .." jI'J'~ ï H c.....¿) Ú ~) [ '.AJ.~ ~ //'- / :2.8 9 ~8 30 q ~ ß 1 " q 12/15/1393 13:14 5514~lb4 q' l' t 10 ~ ?J ì '7 ~. ~ trlAVORCI TVMAt-J. 1 ......, PAGE 02 . " riMS ~i£; 2. l. - /. f p.. , lJ'fr;v.£ ~ ~ o/"f-? - d"r~ "? ,. /1..4; ÇMJYl tJ 01£: Tí1A-,.,D~ C:~~ ~ i+.$. c;; II t3tlo r,J .' ~f-IANN EL R ~A6 I;"~ ~í'¡ Oi ~ ç,:. ,;z. (.J.fPI1C'í. /0 ' N OIlJ'\.J. t 't ~ l' <1 10 q I\) CI I ;r. If- <¡1 í 0 '7 '7 7 ]. " , . .' :. t D'Lp4h ~ <:;n;NGS' c:...~£'c.Kc..t.) OEe. IS J'7'l~ I . l.o vJ SkAC.k- T¡\)£. - A- ppn.O){ fI!B_ ~ . 9~3 q <i} OJ^, 0 't;. \;:) ~ r c¡ ~ 3 C) D tc::.. It.{ J ~ ') í C" £:.t;. t. .. l c .;..J S (~c..1c.. T\ c 1;, '0' P'Lp';'~ R~~·o l:Vt fjC(tOJ $ Ftt·c.;t Do"L w AJ ~I\. z,... ,,;; ~ (9 N t, to Q.-J-';. _ r-v~'/7b"": Ædt_ ~ '-" '-" MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: ROBERT J. BRADSHAW, ASSISTANT COUNTY ADMINISTRATOR DATE: OCTOBER 3, 2000 ~ECT: NORTH DOCK SUBMERGED LAND LEASE Please refer to the attached e-mail regarding the current submerged land lease. It appears the area north of the dock is 190' long and 46.5' wide. In addition, the County has a current permit to install 16 dolphin pilings. Thank You. RB:sh From: To: Date: Subject: Don McLam Robert Bradshaw Man, Oct 2, 2000 4:55 PM South Causeway Dock I have spoken with Jeff Gentry (DEP Bureau of Land Management) our current lease is good for the next two years then will need to be renewed. Area of submerged land is 190' x 106', the area north of the dock is 190' x 46.5'. If we need more space that would require a modification to the current lease at that point the State will add a clause to the lease that may prohibit gambling boats. Checked with DEP permitting Ms. Mary Murphy and we have a current permit to install 16 dolphin piles, permit was issued Sept. 11, 1997 and is good through Sept. 11, 2002. If any other information is needed, please let me know. cc: Linda Brown -, ~ '-' MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: ROBERT J. BRADSHAW, ASSISTANT COUNTY ADMINISTRATOR DATE: OCTOBER 3, 2000 ~TECT: CSL DEVELOPMENT/sureBET CASINOS INFORMATION Mr. Charles Liberis forwarded the following information regarding sureBET Casinos and the MN Entertainer: 1. The casino boat will employ approximately 100 local employees making from minimum wage to $90,000./yr. A dealer averages $40,000./yr. They will generate approximately $300,000 - $400,000 annually into the local economy. 2. sureBET anticipates serving 85,000 passengers per year. 3. Port 81. Lucie is the target market and this could have as much as a $2,000,000 impact on the City of F1. Pierce. 4. All supplies will be purchased locally, as well as future investments in on-shore facilities. 5. Mr. Liberis is available to answer any questions by calling 850-438-9647. In addition, please find attached a cost estimate for proposed improvements to the North Dock. Please note that the MN Entertainer has a 10.5' draft. Thank You. RB:sh . . CSL DEVELOPMENT ... ~504335409 ~ 09/29 IO~ 14:28 NO.394 01/01 """ CASINOS, INC. September 29, 2000 VIA FACSIMILE 561-462-2131 Mr. Robert Bradsbaw Assistant County Administrator St Lucie County Plorida Pt Pierce, FL 34954 RE: sureBBT Casi.nos, Inc., Ft. Pi.erce St Lucie RPP Dear Mr. Bradshaw: The estimated cost of improvements is approximately $100,000. anything further, please contact me. Charles S. Uberis CSLlbab c:/ftb/lllJtebetlftp~IIhA.W .wpd 1610 Barranca, Avenue. pensacola· FJorfde· 32601-5212 (S60) 438-9641 . Ftlx (860) 433-6409 ¡;"'Msf/: surebetOmeil.gutf .net racfshàw - Barbara 135Ô 438-9 From: To: Date: Caller: Company: Phone: Angela Piemontese Robert Bradshaw Wed, Oct 4, 2000 11 :55 AM Barbara Charles Leberish's office 850438-9647 [*] Telephoned [ ] Will call again [ ] Wants to see you [ ] Urgent [ ] Please call [ ] Returned your call [ ] Came to see you She said it is 10 V2 ft at the center of the boat. If you have any questions, please call her 00 ~ ~ z o ~ 00 ~oo~ r~~ ~~~ Z ~ ~ ~OZ °uo u > ~ ~~~ ~z~ U~¡:Q :s 0 ~ · u ~ ~.~ ~ 00.0 ~ o ~ QO QO o I o o =#: ~ ~ '-" ~ = ~ = O~ ~ Z . ~j ~ ~rJ). ~ ~~ = ~~ ~ ~~ @ Co-'~ = <00 = ~~ ~ 00 U . e'\ <~~\C ~ ~~, = ~~~~ ~~~~ UOz= O~o~ ~O~~ S~~t ZU~~ ~O~oo =~OO~ ~=z~ ~Z~~Z =~~ ~O~~ ~z<o z o 00 ~ U < ~ . = ~ ..~ ~= ~ ~U ~ ~~ ~-' ~~ j o~ 0 ~z U ~o ~ ~O Z ~ô ~~ ~ 00 > e:., ~ -- . ~ ~~~z OOrJ).=~ ~Z~~ 8~u~ Z~~O ~=~~ ~~~~ ø~~> z~~~ ~~~5 ~~~rJ). ~ZCo-'u ~ < '-" ~ =~ M ~~ ~ -- -- M 1/1 Q ~ Eo< ;:J == ... « c:.:: ~ Eo< ¡:;¡¡ ~ ... ~ e:: (f.) E-< E-< o Z Z ¡:;¡¡ ~ ~ u ::1: ... u ¡:;¡¡ 0u Z 0 c:.:: ~ ~ (f.) :::: ~ =-- t ~ o f;¡;, c:.:: 00 u c:.:: f;¡;, ~ f;¡;, f;¡;, 0 ~ o 0 c:.:: ~ c:.:: c:.:: ~ ~ ¡:;¡¡ ~ == ... e ; ~ ~ o<!: ...., ;:J ~ ;:J - Z « Z Z v ""'" Andrew Keblinsky Schooner Rachel B. Jackson 84 Greene Road Greenfield Center, NY 12833 518.893.2492 August 20, 2000 S1. Lucie County Purchasing Department 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Dock Lease Agreement Dear County Commissioners: Downeast Sailing Adventures, LLC, which owns and operates the Schooner Rachel B. Jackson, is a professional member of the American Sail Training Association, a non-profit organization devoted to the development and promotion of sail training and education under sail. Our mission is to encourage character building through sail training. Different from learning to sail, sail training enables learning from sailing. We provide opportunities to people of all ages and walks of life to study the marine arts and sciences, explore blue horizons, and make history come alive. Each year we introduce thousands of individuals to sail training as various schools, municipalities, museums, and other non-profit organizations incorporate the p.owerful ability of the sea to teach in their curricula. To fund our organization we offer introductory, 2-hour adventures under sail aboard the Schooner Rachel B. Jackson to the general public at a cost of $25 per person. The Rachel B. Jackson was built and launched in Maine and is a working replica of an 1890's coastal schooner. She gives her passengers the rare opportunity to experience an authentic vessel of another era. Originally put into service as a training vessel at Mystic Seaport, the Rachel B. Jackson now tours the eastern seaboard from Maine to Florida. We propose to operate from the North Dock on South Causeway Island on a seasonal (November-May) basis. We propose to pay $1 per adult paying passenger as rent. We do not propose to make any changes to the property at this time. Enclosed are the Proposal, and Qualifications Forms. Very truly yours, ~J~s~ Schooner Rachel B. Jackson '-" """'" PROPOSER'S QUALIFICATION FORM FOR DOCK LEASE AGREEMENT ST. LUCIE COUNTY Proposers must present evidence that they are fully competent and have the necessary experience and resources to fulfill the conditions of this RFP and the subsequent Dock Lease Agreement. Therefore, Proposers must provide the Board of County Commissioners of St. Lucie County, Florida, referred to as the "County" with, at the least, the information stipulated in this questionnaire. In addition, certain minimum experience requirements are considered desirable in order for a Proposal to be considered. Failure to submit this Qualification Form with all questions completely answered will be grounds for disqualification of the Proposer. The Proposer is: Corporation Individual Partnership Principal Office Add(fSS 6...¡ ~~ 1?4 Glflt6l1fíe./J é,¿~1~0 f'I Ý ¡z<¡;-33 Official Representaf1 ~ 11 e.bl í ~ The Proposer submitting th~~~rranl5 the ~OWing: The Proposer, which for the purpose of the experience factors in this qualification Form, shall mean the individual, or if a partnership, the partnership itself, or if a corporation, the corporation itself. 1. Each Proposer must be authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United States. Proof of same must be provided. 2. Each proposer must certify, and proof shall be provided, that the proposer can carry out all the conditions of the Lease Agreement. '-" ......,¡ . . QUESTIONNAIRE If a Corporation, answer this: When incorporated In what State If foreign, date of registration with Florida Secretary of State, and name and address of ~~~ ~~ Submit a copy of the corporate charter from the Secretary of State, a statement of names and addresses of all directors and officers or owners and percentage of ownership of each; and evidence of compliance with the Florida Fictitious Name Statute, if Proposer is operating under fictitious name. NOTE: This requirement is waived for Proposers listed on the New York and/or American Stock Exchanges with stock eligible for open trading as of the date set for opening of Proposals. Certification by a corporate officer of eligibility for this waiver must be submitted as well as a copy of the latest annual report. If a Partnership, answer this: Date of organization General or limited partnership Name and address of each partnership: 2>~ Address G,~QY\~ß~ ~\e.(2~~ C-* Hi 12&>~ Name All Proposers answer the following: 1. Number of years experience the Proposer making the Proposal has had in the operation of similar businesses. 3 '-" 'wi 2. Give the names and locations of places at which Proposer has operated similar businesses, together with dates of operation: Type of operation Name Location Dates (a) S¿\1JOý\e'(' ~o.¿.~e\ \$. ·So¿\-.~Þ\.'t &v~~~ \k.~k t'\Þ-. J '-W-~ I M \4- n}teL.eJ FL ~J \-4\4- (b) (c) (d) (e) ~í \t. b -~ l g,q,\ q-qq \ iL4q } -00 \ Lf-6c> E -Ctl \ l-t;ð 3. State approximately the largest gross receipts Proposer has realized from the operation of the mentioned facilities at anyone place in one year: $ SS~OClJ . Location:Sou\-~~li:~ ME.. , 4. List below the names and addresses of Proposer's landlords for the operations listed in Item 2 above: (a) 3:>.>t~ \h~Q-c (b)~t~. tt\A Landlord Address )Ju.blì.c.... ~vt&.~ ~ V)o l ~c>9' ~~V\tta.~ ~~ ~ '-'to 'L~~ ~~~ V¡~ ~~ Operation (c) (d) (e) 5. Have any similar leases or agreements held by Proposer for the operation of comparable concessions ever been canceled? Yes ~ If yes, give details on a separate sheet. '-' ..."., , , 6. List any St. Lucie County agency with which the Proposer has had a contract or agreement during the past three years. 5t L~,-,~ LO~ Ne:.Y:~ L/~~, C~~Lw~ ~)~~ 7. Bank References: Bank 0vtÌDvt L,~ Address ~\\..~~~J MË 8. Type of service to be offered: Wi vt. c.1 S ~\Nl vVl.e.~ L, f' \.?, >e.<::. 9. Description of vessel: Name: 1~,,\''''' \3. .J t1fvk~oY'] Year/Make: 1 '1'Þ t. c.u"rt?vY1 Length: to 7 I Registry: u~q 10. Proposed lease term: 5 'l('!:J 7Ø"'~Cf J JYvtl, J .- n~ /5 2,. mtlrtfh t7phtlYJ 1 L Proposed rend 1,00 f{.'f' fAV i IV{] Jv If pa ycr J,Je. i 11 ~ í ~ iV/þk f/tl/:~¿' r:J4~ ~r The Proposer understands that information contained in this Qualification Form is to be relied upon by the County in awarding the specified Proposal, and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to the acceptance of any Proposal relating to the qualifications '--' WIll to the Proposer as may be required by the County. Proposer understands that the county has the right to verify the information submitted and to seek any additional information relating to the Proposer's qualifications. The discovery of any misstatement, which, in the sole opinion of the County, materially affects the Proposer's qualifications to perform under the Lease Agreement, shall cause the County to reject the Proposal, or if discovered after the award, to cancel the Lease Agreement. òatedat{byfJ"Y1i¡,f1£ this Z!1JJc¡ay of ~ 2000. If Individual: IArJrM T K'eb}íYJskj Type Na~J If Corporation of Partnership: WITNESSES: Type Name of Firm (Seal) By Type Name STATE OF FLORIDA COUNlY OF being duly sworn deposes and says that he is of and that the answers to the foregoing questions and all statements therein contained are true and correct. Sworn to before me this day of , 2000. Personally Know: '--" -....,¡ PROPOSAL FORM FOR DOCK LEASE AGREEMENT ST. LUCIE COUNTY !7v, v'?f ,¿q , 2000 TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY Proposer hereby offers to enter into a Dock Lease Agreement with the Board of County Commissioners of St. Lucie County, Florida, referred to as the "County", for the operation of facilities covered in the Request for Proposals. The Agreement is understood to include Advertisement for Proposals; Instructions to Proposers; this Proposal Form; Qualification Form; together with Exhibits and Addenda, if any, attached thereto. In furtherance of this offer agrees as follows: Proposer shall pay to the County percentage <_ %) per month of the gross receipts or $ per month, whichever is greater. The $ per month payment will be considered a minimum guarantee. The minimum payment, when multiplied times twelve months, indicates $ to the County per year. Such monthly payment shall be made on the 20th day of every month, without billing, for the period of the preceding calendar month. In addition to the above, the Proposer offers the following additional consideration: I J. ¡e-t' f~ ;~; lid'" II:", Accompanying this Proposal Form is a Cashier's, Certified, Treasurer's Check or a Bank Draft of any State or National Bank, in the amount of two months' guaranteed payment, payable to the Board of County Commissioners of St. Lucie County, Florida. The Guarantee Deposit shall be retained by the County as Liquidated Damages in the event the undersigned is the successful Proposer and fails to comply with the terms of the Lease Agreement. Attached to the Proposal, if appropriate, shall be any drawings, sketches, and other documents and materials for review by the County Administration or his designee to judge the value of any proposed improvements which may be contemplated by the Proposer at his own expense for the development of the Facility. These materials shall be provided in addition to the other information requested in the "Request for Proposals". ~ ~ It is expressly understood by the Proposer that evaluations in awarding an Agreement are based on objective and subjective criteria, furnished by Proposer in compliance with Section 4-1 of this document. It is understood by the Proposer that St. Lucie County reserves the right to waive any formalities and reject any and all Proposals. PROPOSER: (If individual or Partnership) Name By AV7C2æ1l/::r }(eM ¡ V¡~7i1 (Seal) PROPOSER: (If Corporation) Name By President Attest Secretary (Corporate Seal) '-'" .....", £r CASINOS, INC. September 5, 2000 Board of County Commissioners St. Lucie County Purchasing Dept 2300 Virginia Avenue Ft Pierce, FL 34982 RE: Dock Lease Agreement Dear Ladies/Gentlemen: This letter is being submitted on behalf of sureBEf Casinos, Inc. for the purpose of entering into a dock lease agreement for the north dock on South Causeway Island. The persons authorized to negotiate and make representations on behalf of sureBEf Casinos, Inc. are the following: Charles S. Liberis, President 1610 Barrancas Avenue Pensacola, Florida 32501 (850) 438-9647 Wayne Marks, Chief Financial Officer 1610 Barrancas Avenue Pensacola, Florida 32501 (850) 438-9647 John Hendricks 1610 Barrancas Avenue Pensacola, Florida 32501 (850) 438-9647 There are no other persons or entities involved in this proposal as principals and this proposal is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. sureBEf Casinos, Inc. ("sureBEf") is a corporation organized under the laws of the State of Utah on June 13, 1985. sureBEf develops, acquires, joint ventures, manages and operates gaming establishments including water-based gaming. It is sureBEf's desire to enter into a lease for the north dock on South Causeway Island for the purpose of operating day and evening entertainment cruises which will offer casino gambling, . as an amenity, when the vessel is in international waters. It is the company's present intention to operate the M/V Entertainer from this location. The M/V Entertainer was built in January 1965 and underwent a major conversion and refit in 1994 into a day cruise vessel at Bender Ship Building and Repair Yard, Mobile, Alabama. The M/V Entertainer is a American Flag 1610 Barrancas Avenue· Pensacola· Florida· 32501-5212 (850) 438-9647 · Fax (850) 433-5409 E-Mail: surebet@mail.gulf.net ~ """ Vessel, 202 feet in length, 36.6 feet beam, and over 473 gross tons. The vessel has a capacity of 400 passengers which may be increased to 600 by the addition of life saving equipment. The officers and directors of sureBET have extensive experience in the operation of casino cruises. Their names and qualifications are attached as Exhibit A. In addition to the attached qualifications, please consider the following when reviewing our application: . All officers and directors of the company have been found suitable for licensing in one or more U.S. gaming jurisdictions and have undergone extensive background checks revealing that none have any felony convictions. . The M/V Entertainer is a U.S. Flag Vessel. Accordingly, all 100-125 employees will be U.S. citizens and will either be hired from within the community or who will become permanent residents of the community. Other than for safety purposes, no employee will live on the vessel. It is proposed that the initial term of the lease be for a period of one (1) year with two five (5) year options to renew. The rent shall be $5,000.00 per month plus $1.00 per passenger in excess of 5,000 passengers per month. It is anticipated that the pier will not require any extension; however, sureBET will, at its cost, install three (3) berthing dolphins each of which will be a tripod supported by three 30 feet treated steel pilings supporting a steel bollard. During the first year of the lease, sureBET will operate out of two 12x60 office trailers. These trailers will be decked, ramped, skirted and landscaped to the County's specification to give them an aesthetic look. The existing parking area will be cleaned and leveled and will be resurfaced with gravel. In addition, the parking area will be lighted. In consideration of the improvements to be made by sureBET, the County will credit the cost of all pre-approved improvements which are agreed to and accepted by the County against all rent due to the County until the cost of the improvements is completely amortized. Thank you for your consideration. We would be happy to make an oral presentation for this proposal. '1 CSL/bab Enclosure 1610 Barrancas Avenue. Pensacola· Florida· 32501-5212 (850) 438-9647 · Fax (850) 433-5409 E-Mail: surebet@mail.gulf.net þ '-'" """ EXHIBIT A - OU ALIFICA TIONS Charles S. Liberis. Mr. Liberis was elected Chairman, President and Chief Operating Officer of the Company on July 8, 1999. Since 1992, Mr. Liberis served as President of CSL Development Corporation, a private company. CSL Development Corporation has been engaged in general development of real estate property including condominiums, resorts, golf courses, and casinos. Mr. Liberis was a founder of Europa Cruises Corporation (NASDAQ- KRUZ), Pensacola, Florida, and served as its Chief Executive Officer from 1989 to 1992. Prior to joining Europa, Mr. Liberis was a practicing attorney for over twenty years and was a Senior Partner in the law firm of Liberis, Sauls, and Fleming, P.A., with offices in Pensacola and Tallahassee, Florida, and Atlanta, Georgia. His practice consisted primarily of real estate and corporate reorganization law and he has had an extensive background in the reorganization of numerous hospitality operations. Mr. Liberis was a founder and served on the Board of Directors and as General Counsel of Southern National Bankshares, Atlanta, Georgia, from 1983to 1985. Mr. Uberis majored in business and finance and received his Juris Doctorate from Stetson University College of Law in 1977. He is a member of the American and Florida Bar Associations and the International Association of Gaming Attorneys. Mr. Uberis has previously been found suitable for licensing by the Mississippi Gaming Commission. Wayne E. Marks. Mr. Marks was elected to the Board and as Vice President Finance and Controller of the Company on July 8, 1999. Since June 1997, Mr. Marks has served as Vice President of CSL Development, Pensacola, Florida, and General Manager of Fiesta Casino, Lima, Peru. CSL Development Corporation has been engaged in general development of real estate property including condominiums, resorts, golf courses, and casinos. From September 1991 to June 1997, Mr. Marks served as partner in DB & Associates, Jackson, Mississippi, a consulting firm specializing in project development. From 1973 to 1991, Mr. Marks worked in the Farm Credit System. Mr. Marks served on the Executive Committee of the Farm Credit Banks of Jackson and the Farm Credit Banks of New Orleans from 1979 to 1988. Federal Intermediate Credit Bank of New Orleans from 1979 to 1985, and The Jackson Bank for Cooperatives from 1985 to 1988. He is a graduate of the University of New Orleans, New Orleans, Louisiana. Michael Georgilas. Mr. Georgilas was elected to the Board of Directors of the Company in June 1999. Since September 1996, Mr. Georgilas has served as Chairman and Chief Executive Officer of Mondial Group Inc, Athens, Greece, an international casino development and management company. From July 1993 to August 1996, he was Vice President of Gaming and Director of Gaming Development for fIT/Sheraton Corporation, Boston, Massachusetts. From June 1992 to December 1992, he served as Chief Operating Officer of Europa Cruises Corporation, Pensacola, Florida. From 1991 to 1992, he served as Associate Director of the Casino and Gaming Management Division at the University of Nevada in Las . Vegas. From 1986 through 1991, he held various positions with Hilton Corporation having last served as President and General Manager of the Flamingo Hilton Reno. Mr. Georgilas holds a Bachelor of Science Degree in Hotel Administration and a Master of Science Degree in Hotel Administration from the University of Nevada, Las Vegas. ¥ ..., PROPOSER'S QUAUFICATION FORM FOR DOCK LEASE AGREEMENT ST. LUCIE COUNTY Proposers must present evidence that they are fully competent and have the necessary experience and resources to fulfill the conditions of this RFP and the subsequent Dock Lease Agreement. Therefore, Proposers must provide the Board of County Commissioners of St. Lucie County, Florida, referred to as the "County" with, at the least, the information stipulated in this questionnaire. In addition, certain minimum experience requirements are considered desirable in order for a Proposal to be considered. Failure to submit this Qualification Form with all questions completely answered will be grounds for disqualification of the Proposer. The Proposer is: Corporation sureBET Casinos, Inc. Individual Partnership Principal Office Address 1610 Barrancas Avenue, Pensacola, Flor-ida 32501 Official Representative Charles S. Liberis, President The Proposer submitting this Proposal warrants the following: The Proposer, which for the purpose of the experience factors in this qualification Form, shall mean the individual, or if a partnership, the partnership itself, or if a corporation, the corporation itself. 1. Each Proposer must be authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United States. Proof of same must be provided. 2. Each proposer must certify, and proof shall be provided, that the proposer can carry out all the conditions of the Lease Agreement. '-'" "'" " QUESTIONNAIRE If a Corporation, answer this: When incorporated June 13, 1985 In what State Utah If foreign, date of registration with Florida Secretary of State, and name and address of Registered Agent Applied for; Charles S. Liberis, 1610 Barrancas Avenue, Pensacola, FL 32501 Submit a copy of the corporate charter from the Secretary of State, a statement of names and addresses of all directors and officers or owners and percentage of ownership of each; and evidence of compliance with the Florida Fictitious Name Statute, if Proposer is operating under fictitious name. NOTE: This requirement is waived for Proposers listed on the New York and/or American Stock Exchanges with stock eligible for open trading as of the date set for opening of Proposals. Certification by a corporate officer of eligibility for this waiver must be submitted as well as a copy of the latest annual report. If a Partnership, answer this: Date of organization General or limited partnership Name and address of each partnership: Name Address All Proposers answer the following: 1. Number of years experience the Proposer making the Proposal has had in the operation of similar businesses. 12 Years '-" '-*' 2. Give the names and locations of places at which Proposer has operated similar businesses, together with dates of operation: Type of operation Name Location Dates (a) Casino Vessel Casino Padre S. Padre Island, TX Nov. 18, 1999 - present (b) (c) (d) (e) 3. State approximately the largest gross receipts Proposer has realized from the operation of the mentioned facilities at anyone place in one year: $8'51.000 Nov. 18~ 1999-.July 2000 Location: S. Padre Island, Texas 4. list below the names and addresses of Proposer's landlords for the operations listed in Item 2 above: Operation Landlord Address (a) Casino Padre David Freidman One Padre Blvd, Padre Island, TX 785S (b) (c) (d) (e) 5. Have any similar leases or agreements held by Proposer for the operation of comparable concessions ever been canceled? Yes No x If yes, give details on a separate sheet. \ '-"" "'" 6. List any St. Lucie County agency with which the Proposer has had a contract or agreement during the past three years. None. 7. Bank References: Bank Address Bank of Pensacola, Bobby Fair First American Bank, Bill Bassett 400 W. Garden Street, Pensacola, Florida 33 W. Garden Street, Pensacola, Florida 8. Type of service to be offered: Entertainment/Casino Vessel 9. Description of vessel: Name: M/V Entertainer Year/Make: 1965/1994 Bender ShipBuilding Passenger/Gaming Vessel Length: 202 feet Registry: u. S . 10. Proposed lease term: One (1) year with two five year options to renew. 11. Proposed rent: $5,000 per month plus $1.00 per passenger in excess of 5,000 passengers per month. The Proposer understands that information contained in this Qualification Form is to . be relied upon by the County in awarding the specified Proposal, and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to the acceptance of any Proposal relating to the qualifications ~ ."", to the Proposer as may be required by the County. Proposer understands that the county has the right to verify the information submitted and to seek any additional information relating to the Proposer's qualifications. The discovery of any misstatement, which, in the sole opinion of the County, materially affects the Proposer's qualifications to perform under the Lease Agreement, shall cause the County to reject the Proposal, or if discovered after the award, to cancel the Lease Agreement. ~' Dated at: jih~LtCij.lílllíì\'Ì~ this 'J-h' day of ~ .2000. If Individual: WITNESSES: Type Name If Corporation of Partnership: 11XL~ .... Type Name of Firm sureBET Casinos, Inc. (Seal) 1 /.. r? «IJ '- By ~ -A ,,~/ V~'~ Type Name Charles s. Liberis President STATE OF FLORIDA COUNTY OF Lha/.\.es S· L~'rxn's being,. duly sworn deposes and says that he is frfç\ JiiJ of 5vvtßÁ Lû(\y\C:I~ /. mC . and that the answers to the foregoing questions and all statements therein contained are b"ue and correct. Sworn to before me this D ft- day of ~ ' 2000. Personally Know: ~~~\, Barbara A. Barlow 'J .\ ~~v \.OMMISSION 'CCI32U4 EXPIRES May 9, 2003 "D THIll TROY FAIN INSURANCE IN<: or '-" "'" PROPOSAL FORM FOR DOCK LEASE AGREEMENT ST LUCIE COUNTY September 5, 2000 TO: BOARD OF COUNTY COMMISSIONERS, ST LUCIE COUNTY Proposer hereby offers to enter into a Dock Lease Agreement with the Board of County Commissioners of St. Lucie County, Florida, referred to as the "County", for the operation of facilities covered in the Request for Proposals. The Agreement is understood to include Advertisement for Proposals; Instructions to Proposers; this Proposal Fonn; Qualification Fonn; together with Exhibits and Addenda, if any attached thereto. In furtherance of this offer agrees as follows: Proposer shall pay to the County $5,000 per month plus $1.00 per passenger in excess of 5000 passengers per month. The improvements constructed by Lessee shall serve as collateral and shall be reimbursed by the County. Attached to the Proposal, if appropriate, shall be any drawings, sketches, and other documents and materials for review by the County Administration or his designee to judge the value of any proposed improvements which may be contemplated by the Proposer at his own expense for the development of the Facility. These materials shall be provided in addition to the other infonnation requested in the "Request for Proposals." '" '-' -."",I It is expressly understood by the Proposer that evaluations in awarding an Agreement are based on objective and subjective criteria, furnished by Proposer in compliance with Section 4-1 of this document. It is understood by the Proposer that St. Lucie County reserves the right to waive any formalities and reject any and all Proposals. m~(jj)w PROPOSER: (If individual or Partnership) Name By (Seal) PROPOSER: (If Corporation) Þ ~;me ët::J:.S~S~~ Attest '/J ;~7:i};Ah c/ecretary (Corporate Seal) ~ "'" SECURITY OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND MANAGEMENT. The following table provides certain information as to the officers and directors individually and as a group, and the holders of more than 5% of the Common Stock of the Company, as of December 31, 1999: Name and Address of Owner Number of Shares Owned Percent of Class (1) Charles S. Liberis 1610 Barrancas Avenue Pensacola, FL 32501 6,000,000 80.1% Wayne E. Marks 1464 Heartstone Baton Rouge, LA 70808 200,000 2.7% Michael Georgilas Ellis 26 N. Erythrea 14671 Athens, Greece 75,000 1.0% Officers and directors as a group (3 persons) 6,275,000 83.8% (1) This table is based on 7,490,050 shares of Common Stock outstanding on December 31, 1999. Where the persons listed on this table have the right to obtain additional shares of common stock within 60 days from December 31, 1999, these additional shares are deemed to be outstanding for the purpose of computing the percentage of class owned by such persons, but are not deemed to be outstanding for the purpose of computing the percentage of any other person. '-' "'" U.S. Securities and Exchange Commission Washington, D.C. 20549 FORM 10-KSB [x] ANNUAL REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934. For the Fiscal Year Ended March 31, 2000 sureBET Casinos, Inc. (Name of Small Business Issuer in its charter) Utah (State or other jurisdiction of incorporation or organization) 75-1878071 (I. R. S. Employer Identification No.) 1610 Barrancas Avenue, Pensacola, Aorida 32501 (Address of principal executive offices) (Zip Code) Issuer's telephone number: (850) 438-9647 Securities to be registered under Section 12(b) of the Act: None Securities to be registered under Section 12(g) of the Act: Common Stock, $0.001 par value (Title of class) Check whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports) and (2) has been subject to such filing requirements for the past 90 days. Yes I x I No I I Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-B is not contained herein, and will not be contained, to the best of registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 1 O-KSB or any amendment to this Form 1 O-KSB. I I The issuer's revenues for the fiscal year ended March 31, 2000 are $447,968 The aggregate market value of the registrant's common stock held by non-affiliates as of August 21, 2000, was approximately $4,238,718. As of August 21,2000, there were 7,849,478 shares of the registrant's common stock outstanding. '-' -.."",I PART I ITEM 1. DESCRIPTION OF BUSINESS. sureBET Casinos, Inc. ("the Company") is a corporation organized under the laws of the State of Utah on June 13, 1985. Although the Company has been in existence since June 1985, it recently changed its business strategy to enter into the casino business and therefore, should be considered a development stage company. The Company intends to develop, acquire, joint venture, manage, and operate gaming establishments with an initial focus on water-based gaming, the emerging gaming markets, and the rehabilitation and reorganization of casinos that are underperlorming financially. The Company is an Over the Counter Bulletin Board stock trading under the symbol "DICE". The Company's subsidiary is Casino Padre Investment Company, LlC. Corporate History The company was formed in Utah on June 13, 1985 under the name Navis, Bona, Inc. On March 29, 1988, the company merged with I Love Yogurt Corporation, a Texas corporation. Navis Bona, Inc., the surviving corporation, changed its name upon completion of the merger to I Love Yogurt Corporation. On June 24, 1992, I Love Yogurt Corporation merged with Chelsea Street Holding Company, Inc., a Delaware corporation. I Love Yogurt Corporation was the surviving corporation after the merger. Pursuant to the Merger Agreement, I love Yogurt Corporation changed its name to Chelsea Street Financial Holding Corporation. On November 23, 1993, Chelsea Street Financial Holding Corporation amended its Articles of Incorporation changing the name of the corporation to Wexford Technology Incorporated. On March 5, 1999, the Company entered into an Asset Purchase Agreement with its controlling shareholder, Imperial Petroleum, Inc. ("Imperial"). Pursuant to the Agreement, Imperial acquired all of the assets and liabilities of the Company. No consideration was exchanged in return for the sale of the assets and transfer of the liabilities. On May 12, 1999, the Company entered into an Agreement to Exchange Common Stock with U.S. Gaming & Leisure Corp. ("USGl"). Pursuant to the agreement with USGL. The Company is to issue 6,000,000 new common shares to shareholders of USGl for 100% of the outstanding shares of USGL. This transaction is contingent on a private placement of the Company's common stock which as of this date has not been completed. At such time as the private placement is completed and the exchange of stock is completed, USGL will become a wholly-owned subsidiary of the Company. On June 7, 1999, there was a change in the Board of Directors of the Company. The new board changed the Company's business strategy and decided to enter into the casino business. On June 24, 1999, the Articles of Incorporation of the Company were amended to change the name of the Company to sureBET Casinos, Inc. Under the direction of its new management, the Company intends to develop, acquire, joint venture, manage, and operate gaming establishments with an initial focus on water-based gaming, the emerging gaming markets, and the rehabilitation and reorganization of casinos that are underperlorming financially. On October 1, 1999, the Company entered into a Management Contract with Casino Padre Investment Company, lLC, a Nevada limited liability company. Under the terms of the contract, the Company has an exclusive agreement to operate the gaming ship MN Entertainer and the gaming 2 ~ "" operations located on the ship on behalf of and for the account of Casino Padre Investment Company, LLC. On October 27, 1999, the Company acquired 50 membership units in Casino Padre Investment Company LLC in exchange for 5,000,000 shares of the common stock of the Company. Immediately following the transaction, the Company owned 83% of Casino Padre Investment Company LLC. The shares were acquired from Charles S. Liberis, the President of the Company. The LLC was formed on September 14, 1999 and at the time of the acquisition, was still in a developmental stage. Casino Padre commenced operations on November 18, 1999. As of March 29, 2000, the Company owns 74% of the LLC. See Part I - Item 7. Certain Relationships and Related Transactions. On December 20, 1999, the Company entered into an agreement with Black Hawk Hotel Corporation, an unaffiliated entity, to lease Lilly Belle's Casino, an existing casino facility located in Black Hawk, Colorado. Pursuant to the terms of the lease, the Company has an option to purchase the premises. The lease is contingent on the Company receiving approval for the transaction and issuance of regulatory licenses from the Colorado Gaming Commission. M/V Entertainer (Texas) Operations The Company operates the MN Entertainer as a casino boat conducting day and evening cruises of approximately six hours each from South Padre Island, Texas. In addition to casino operations, the cruises feature a variety of ship board activities including sightseeing, live music, and other entertainment. The Company markets its cruises and conducts its casino operations in international waters in such a manner as to comply with applicable Federal and State laws and regulations. Casino Vessel. The MN Entertainer was built in January 1965 and underwent a major conversion and refit in 1994 into a day cruise vessel at Bender Shipbuilding and Repair Yard in Mobile, Alabama, and is a U.S. registered, American flagged vessel. The vessel is 202 feet haul length, 36.6 foot beam, and over 473 gross tons. The vessel has a capacity of 400 passengers which may be increased to 600 by the addition of certain lifesaving equipment. The vessel has over 350 gaming positions including craps, roulette, blackjack, Caribbean stud, slot machines, video poker, and keno. The vessel also has a 150-seat restaurant, kitchen, gift shop, entertainment areas and bars. The MN Entertainer is chartered from CSL Development Corporation, an affiliated company. See Part I - Item 7. Certain Relationships and Related Transactions. The Company charters the vessel, "MV Entertainer", and the equipment associated therewith, pursuant to a Charter Agreement (the "Charter Agreement") with CSL Development Corporation ("CSLD"). The initial charter period is for five (5) years commencing on October 1, 1999. Under the Charter Agreement, the Company makes monthly charter payments in the amount of $125,000 per month. During the charter period, the Company shall have an option to purchase the vessel at a price of $6,000,000. The Company is required, at its expense, to obtain and maintain at all times during the charter period adequate insurance on the vessel. The Company assumes (1) all risk of liability for the vessel and for its use and operations, and is required to indemnify the Owner from and against any claim, penalty, damage or liability resulting therefrom; and (2) all obligations with respect to the maintenance, repair and inspection of the vessel. CSLD has agreed to waive the Charter payments for the months of October, and November and December 1999 ($375,000) as well as the security deposit required under the Charter Agreement ($200,000) and in return, CSLD will receive 50% of net operating income once the investors have received 100% of their capital. CSLD will have a 50% interest in working capital and undistributed income. CSLD is owned by The Liberis Charitable Settlement Trust ("the Liberis Trust"). The Liberis Trust was established in 1994 by Charles S. Liberis ("Liberis") as Grantor. The Company believes that the terms of the Charter Agreement are competitive with terms that could have been obtained from unrelated third parties for a comparable vessel. 3 '-' ~ South Padre Island Sublease and Dockaoe. The Company leases a berth, office space and parking on South Padre Island, Texas, from an unaffiliated third party. The Sublease and Dockage Agreement was entered into on June 23, 1999, for an initial term of five years and assigned to Casino Padre Investment Company LLC on October 11, 1999. The Company has an option to renew the lease for two additional terms of five years each. Under the Sublease and Dockage Agreement, the Company is responsible for all taxes, improvements, repairs and maintenance, and payment of utilities related to the dock space. The Company is also required to indemnify the sublessor from all claims, liabilities, loss and damages against the sublessor occurring on the premises, vessel or in any way related to the Company's business. The Company operates a portside ticketing and administrative holding area referred to as the portside facility. The portside facility consists of approximately 800 square feet and includes a ticketing area, gift shop, coat check, public restrooms and waiting area for casino cruises, as well as several small offices and a player development booth. ComDetition. At the present time, the Company's vessel has no competition in the immediate market area. A competing vessel, the Casino Del Mar, operated in the market from Port Isabel, Texas, from October 1999 until February 2000. Competition was fierce and the Company's vessel operated at a loss. There are approximately 28 casino boats operating on the Gulf and Atlantic Coasts; one or more of them could reposition to the South Padre area. All of the competing firms offer casino cruises, with published fares ranging from $0 to $39.95. These fares vary due to competitive pressures. Many of the competing firms offer free cruises or minimally priced cruises. Should a competing vessel move to the South Padre area, it could force the Company to adjust its fares and to offer free cruises to remain competitive. Any increase in competition would have an adverse impact on operations and the Company's financial position. In addition to competition in the casino cruise industry, the Company competes with a variety of other activities in its market area. These include, but are not limited to, parimutuel betting, short- term cruises, resort attractions, various sports activities and other recreational activities. Weather and Seasonal Fluctuations. The business of the Company suffers as a direct result of inclement weather. Inclement weather has a direct effect on the number of cruises conducted and on passenger counts. In addition, passenger counts are reduced immediately before and immediately after inclement weather conditions. The business of the Company is also subject to seasonal fluctuations. Since commencing operations, weather conditions have severely affected the Company's operations and revenues causing a cancellation in cruises from November 1, 1999 to August 20, 2000 at a rate of 27% of scheduled cruises. Marketina and Promotion. The Company does not have sufficient funds with which to advertise, market and promote its cruises through a mass media campaign. The Company focuses its marketing efforts on its repeat customers, the local population and tourists. The Company tries to attract customers from the local population within a 70-mile radius to survive the seasonal fluctuations that are known to occur in the South Padre tourist industry. The Company currently markets its cruises primarily through direct mail, print, and radio. The Company's financial ability to advertise was minimal compared to the heavy advertising, marketing and promotion of the Company's competition, the Casino Del Mar, prior to the closing of Casino Del Mar in February 2000. Gamino Laws &. Reaulations Affectina Casino Boats. The Company's operations are directly affected by current and future federal, state and local regulations and ordinances and could be interrupted or terminated on the basis of such laws, regulations and ordinances. Moreover, the Company is potentially subject to significant financial penalties if it violates such laws, regulations or 4 '-" '-" ordinances. Compliance with such laws, regulations and ordinances may necessitate significant capital outlays. . Federal Legislation. Federal legislation enacted in 1948, 18 U.S.C. § § 1082 et seq. (the "Gambling Devices Act"), prohibits any citizen, resident of the United States or any other person within the jurisdiction of the United States from establishing, operating or owning an interest in a gambling ship on the high seas or otherwise within the jurisdiction of the United States. In 1992, the federal government enacted an amendment to the Gambling Devices Act. This amendment was designed to make the laws pertaining to gaming activities on United States flag vessels and foreign flag vessels essentially the same. Prior to being amended, the Act forbade gaming on United States flagged vessels but allowed foreign flagged vessels to carry gaming equipment into United States ports. The 1992 amendment gave United States flagged vessels the same right, preempting state laws. The amendment allowed states to elect to "opt out" of the Act by enacting a statute which would prohibit "cruise-to-nowhere" operations. A number of states have enacted legislation opting out. Texas did not. However, there can be no assurance that at some time in the future a bill "opting out" will not be introduced by Texas. On January 6, 1999, Congressmen Wolf, Gilchrest and Shays introduced a Bill, H.R. 316, (the "Cruises-to-Nowhere Act of 1999"), to amend the Johnson Act to restore the authority of state laws over gambling cruises-to-nowhere. This Bill did not pass but may be reintroduced in 2000. Should it become law, it would give states the ability to apply their own laws to gambling on cruises to no-where. The passage of this law would allow the State of Texas and other states to ban cruises-to-nowhere. Such a ban would destroy the business of the Company in Texas. . State Regulation - Texas. Texas Penal Code Section 47.06 prohibits the possession of gambling devices, equipment, or paraphernalia within the State of Texas or within the territorial waters of the State of Texas. The violation of this Section is a felony. However, there is a provision to allow the possession of gambling devices, equipment, or paraphernalia onboard an ongoing vessel which departs from the State of Texas and conducts its gambling activities outside the territorial waters of the State of Texas. Specifically, Section 47 .09(b) provides that it is an affirmative defense to prosecution under Section 47.09(b). It is the Company's belief that it at all times complies with the provisions of the Texas Penal Code. Further, Texas Penal Code Section 48.10 (American Documentation of Vessel Required) provides that "if 18 USC Section 1082 is repealed, the affirmative defenses provided by Section 47 .09(b) apply only if the vessel is documented under the laws of the United States." Accordingly, it would appear even if a bill similar to the "Cruise to Nowhere Act of 1999" were introduced and passed, that the State of Texas would continue to exempt casino cruises so long as they were conducted on U.S. flagged American documented vessels. The M/V Entertainer is a U.S. flagged American documented vessel. Future Ports. The Company is exploring the possibility of relocating the M/V Entertainer to a Florida port for the Winter season. Lilly Belle's Casino (Colorado) Business The Company, through its wholly owned subsidiary, Lilly Belle's Casino Investment Company LLC (hereinafter "Lilly Belle's"), intends to operate Lilly Belle;s Casino located at 301 Gregory Street, Black Hawk, Colorado, pursuant to the Colorado Gaming Act and the Colorado Gaming Regulations. Gaming in Colorado is "limited stakes" which restricts any single wager to a maximum of $5.00. While this limits the revenue potential of table games, management believes that slot machine play, 5 '-" '-" which accounts for over 95% of total gaming revenues, is currently impacted only marginally by the $5.00 limitation. Lillv Belle's Casino. Lilly Belle's Casino is located at 301 Gregory Street, Black Hawk, Colorado. The casino is contained in a three and one-half-story, 12,000-square foot building which was constructed as a casino in 1993 and operated until November 1994. The structure is fully sprinkled, air conditioned and serviced by a hydraulic elevator to each floor. The building is completely furnished for a casino operation including all furniture and fixtures, surveillance equipment, cage equipment, Black Jack tables, poker tables, coins and tokens. There are no slot machines presently on the premises. The Company leases the casino as well as an adjacent Victorian bed and breakfast and an adjacent area which will provide approximately 100 parking spaces as well as all the furniture, fixtures, and equipment, from an unaffiliated third party. A lease with an option to purchase was entered into on December 20, 1999, for an initial term of five years. The Company has an option to renew the lease for three additional terms of five years each. The Company has the option to purchase the premises during the term of the lease. Under the terms of the lease, the Company is responsible for all taxes, improvements, repairs and maintenance and payment of utilities related to the premises. The Company is also required to indemnify the lessor from all claims, liabilities, loss and damages against the lessor occurring on the premises in any way related to the Company's business. The Black Hawk Market. Black Hawk is a small mountain town located approximately 30 miles from Denver. Black hawk is an historic mining town originally founded in the late 1800's following a large gold strike. Black Hawk is a tourist town and its heaviest traffic is in the summer months. Traffic generally decreases to its low point in the winter months. Black Hawk is one of only three Colorado cities where casino gaming is legal, the others being Cripple Creek and Central City. Black Hawk operated approximately 51 % of the gaming devices and generated 67.6% of gaming revenues for these three cities during the year ended December 31, 1999. As of December 31, 1999, there were 19 casinos operating in Black Hawk. ComDetition. There are presently 19 casinos operating in Black Hawk, Colorado. In addition, there are 9 casinos operating in Central City which is adjacent to Black Hawk. The Company will be competing with many established casino companies, most of which have greater financial resources than the Company in the same market that the Company will be operating. Weather and Seasonal Fluctuations. The business of the Company will suffer as a direct result of inclement weather. Inclement weather has a direct affect on driving conditions between Black Hawk and Denver, Colorado, which is the major metropolitan area from which Black Hawk derives most of its business. The business of Lilly Belle's will be subject to seasonal fluctuations with the slowest months being the months of January, February, and March. Marketina and Promotion. The Company does not have sufficient funds with which to advertise market and promote its casino through a mass media campaign. The Company will focus its marketing efforts on direct mail to customers who are on a customer list obtained by the Company pursuant to its lease agreement. In addition, the Company will market into Denver through a limited amount of print, radio and billboard advertising. State Reaulation - Colorado. The ownershIP and operation of a gaming business in Colorado is subject to extensive laws and regulations including the Colorado Limited Gaming Act of 1991 (the "Colorado Act") and the rules and regulations (the "Colorado Regulations") promulgated thereunder by The Colorado Limited Gaming Commission (the "Colorado Commission") which is empowered to oversee and enforce the Colorado Act. 6 ,-,. ....., Neither the Company nor any of its subsidiaries has a license to operate a casino in Colorado or in any other jurisdiction. The Colorado Act requires that a person (including any corporation or other entity) must be licensed by Colorado to conduct gaming activities in Colorado. A license will be issued only for a specified location that has been approved a s a gaming site by the Colorado Commission prior to issuing a license. The Colorado Act also requires that each officer or director of a gaming licensee, or other person who exercises a material degree of control over the licensee, must be found suitable by the Colorado Gaming Commission. Any person who, directly or indirectly, or in association with others, acquires beneficial ownership of more than 5% of the common stock of any gaming enterprise must notify the Colorado Gaming Commission of this acquisition and must be found suitable by the Colorado Gaming Commission. The granting of a license requires submission of detailed personal financial information followed by a thorough investigation. In addition, the Colorado Gaming Commission will not issue a license unless it is satisfied that the licensee is adequately financed or has a reasonable plan to finance its proposed operations from acceptable sources. The political and regulatory environment in which the Company is and will be operated with respect to gaming activities, is uncertain, dynamic and subject to rapid change. Existing operators often support legislation and litigation designed to make it more difficult or impossible for competition to develop and operate gaming facilities. This environment makes it impossible to predict the effects, including cost, that the adoption of and changes in gaming law, rules and regulations and/or competition will have on proposed gaming operations. Except for historical information contained herein, the matters discussed in this Item 1, in particular, statements that use the words "believes", "expects", "intends", or "anticipates", are intended to identify forward looking statements that are subject to risks and uncertainties including, but not limited to, inclement weather, mechanical failures, increased competition, financing, governmental action, environmental opposition, legal actions, and other unforeseen factors. The development of the Black Hawk project, in particular, is subject to additional risks and uncertainties, including, but not limited to, risks relating to permitting, financing, the activities of environmental groups, the outcome of litigation and the actions of federal, state, or local governments or agencies. Employees As of August 20, 2000, the Company employed approximately 59 employees. Of the Company's 59 employees, 3 are executive and management personnel and 3 are engaged primarily in administrative positions. The remaining employees are ship officers, crew, casino, reservations, food service and other staff employed by the Company who work on or about the Company's vessel. None fo the Company's employees is a party to a collective bargaining agreement. The Company considers its employee relations to be generally satisfactory. The Company's continued future success depends in significant part upon the continued service of its key senior management personnel and its continuing ability to attract and retain highly qualified managerial personnel. The time that the officers and directors devote to the business affairs of the Company and the skill with which they discharge their responsibilities will substantially impact the Company's success. To the extent the services of these individuals would be unavailable to the Company for any reason, the Company would be required to identify, hire, train and retain other highly qualified managerial personnel to manage and operate the Company. The Company's business could be adversely affected to the extent such key individuals could not be replaced. ITEM 2. DESCRIPTION OF PROPERTY. The Company's administrative offices are located in 1,996 square feet of office space in Pensacola, Florida, under a month-to-month lease with Charles S. Liberis, the Company's Chairman of 7 '-' '-" the Board of Directors, Chief Executive Officer and principal stockholder. The lease provides for monthly rental payments of $1,663 which the Company believes are competitive with rents which could have been obtained from unrelated third parties for comparable office space. The Company leased the following locations for its operations during the year ended 1999: LOCATION LEASE TERM One South Padre Blvd 180 Days commencing November 1, 1999. South Padre Island, Texas 78597 Thereafter, 2 additional terms of 5 years each. Berth & Sublease Agreement 301 Gregory Street 5 years commencing the earlier of Oct 1, 2000 Black Hawk, Colorado or the issuance of a gaming license by the Lease of Lilly Belle's Casino Colorado Gaming Commission. Thereafter, 3 additional terms of 5 years each. ITEM 3. LEGAL PROCEEDINGS. . Betty Butron Smith v. Charles liberis and sure BET Casinos, Inc. On or about January 26, 2000, Betty Butron Smith filed a law suit in the United States District Court for the Southern District of Texas, Brownsville Division, against Charles liberis, the Company, and Casino Padre Investment Company. The suit alleges wrongful termination, fraud and inducement, libel, slander, and defamation. Although management believed that there was no support for Plaintiff's factual allegations, management entered into a settlement agreement for an amount that was less than the legal fees would have been incurred in defending the matter. On March 10, 2000, a Compromise, Settlement, Release, Indemnity and Confidentiality Agreement was entered into between the Plaintiff and the Defendants. . Newpark Shipbuilding-Pasadena, Inc. v. Vessel Casino Padre flk/a/ Entertainer, its equipment, apparel, etc., in rem, and CSL Development Corporation, Casino Padre Investment Company LLC, and sureBET Casinos, Inc., its owners and/or operators, in personam, C.A. No. H-00-1014 Admiralty On or about March 23, 2000, Newpark Shipbuilding-Pasadena, Inc. filed a lawsuit in the United States District Court Southern District of Texas, Houston, Division, against Vessel Casino Padre flk/a/ Entertainer, its equipment, apparel, etc., in rem, and CSL Development Corporation, Casino Padre Investment Company LLC, and sureBET Casinos, Inc., seeking the sum of $139,193.36 for repair work on the M/V Entertainer. The Defendants dispute the amount of the claim, have posted a bond in the amount claimed and have counterclaimed against Newpark Shipbuilding-Pasadena, Inc. for deceptive trade practices, damages for improper workmanship and damages for delays caused by Newpark Shipbuilding-Pasadena, Inc. ITEM 4. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS No matters were submitted to a vote of security holders during the fourth quarter of 1 999. 8 '-" "wi PART II MARKET PRICE OF AND DIVIDENDS ON THE REGISTRANT'S COMMON EQUITY AND OTHER SHAREHOLDER MATTERS. ITEM 5. The Company's Common Stock is not traded on a registered securities exchange, or on NASDAQ. The Company's Common Stock has been quoted on the OTC Bulletin Board since 1987, and currently trades under the symbol "DICE". The following table sets forth the range of high and low bid quotations for each fiscal quarter within the last two fiscal years, as well as the current fiscal year. These quotations reflect inter-dealer prices without retail mark-up, mark-down, or commissions and may not necessarily represent actual transactions. Fiscal Quarter Ended High Bid Low Bid March 31, 1998 . . . . . . . . . . . . . . . . . . . . . $3 3/18 $ 16/18 June 30, 1998 . . . . . . . . . . . . . . . . . . . . . . $4.50 $2.25 September 30, 1998 . . . . . . . . . . . . . . . . . . $2.25 $0.60 December 31, 1998 . . . . . . . . . . . . . . . . . . $0.06 $0.06 March 31, 1 999 . . . . . . . . . . . . . . . . . . . . . $0.06 $0.06 June 30, 1999 . . . . . . . . . . . . . . . . . . . . . . $0.06 $0.06 September 30, 1999 . . . . . . . . . . . . . . . . . . $1.38 $0.75 December 31, 1 999 $2.00 $0.13 March 31, 2000 $2.00 $0.63 As of March 31, 2000 there were 290 record holders of the Company's Common Stock. On August 21,2000 there were 88 record holders of the Company's Common Stock. The date of the last trade of July 31, 2000 was $.54. Since the Company's inception, no cash dividends have been declared on the Company's Common Stock. The Securities and Exchange Commission (SEC) has adopted rules that regulate broker-dealer practices in connection with transactions in "penny stocks". Generally, penny stocks are equity securities with a price of less than $5.00 (other than securities registered on certain national exchanges or quoted on the NASDAQ system). If the Company's shares are traded for less than $5 per share, as they currently are, the shares will be subject to the SEC's penny stock rules unless (1) the Company's net tangible assets exceed $5,000,000 during the Company's first three years of continuous operations or $2,000,000 after the Company's first three years of continuous operations; or (2) the Company has had average revenue of at least $6,000,000 for the last three years. The penny stock rules require a broker-dealer, prior to a transaction in a penny stock not otherwise exempt from the rules, to deliver a standardized risk disclosure document prescribed by the SEC that provides information about penny stocks and the nature and level of risks in the penny stock market. The broker-dealer also must provide the customer with current bid and offer quotations for the penny stock, the compensation of the broke.r- dealer and its salesperson in the transaction, and monthly account statements showing the market value of each penny stock held in the customer's account. In addition, the penny stock rules require that prior to a transaction in a penny stock not otherwise exempt from those rules, the broker-dealer must make a special written determination that the penny stock is a suitable investment for the purchaser 9 '-"' ""'" and receive the purchaser's written agreement to the transaction. These requirements may have the effect of reducing the level of trading activity in the secondary market for a stock that becomes subject to the penny stock rules. As long as the Company's Common Stock is subject to the penny stock rules, the holders of the Common Stock may find it difficult to sell the Common Stock of the Company. ITEM 6. MANAGEMENT'S DISCUSSION AND ANALYSIS OR PLAN OF OPERATION. The Company ceased conducting an active trade or business in April 1997. During the fiscal years ended March 31, 1999 and 1998. the Company had no operating business. The Company entered into an Asset Purchase Agreement (the" Agreement") on March 5, 1999 with its controlling shareholder. Imperial petroleum. Inc. ("Imperial"). The Agreement provided that Imperial would acquire all of the assets and liabilities of the Company. No consideration was exchanged in return for the sale of the net liabilities of the Company. As a result of the Agreement, the Company had no assets or liabilities as of March 31. 1999. For the fiscal year ended March 31, 1999, the Company recognized a gain of $1,561.127 on the transfer of the liabilities, resulting in net income of $1.201,414 for the period. Accordingly. as a result of the Company's liquidation and abandonment of its assets and liabilities to a "shell" status, the Company has accounted for its former operations as discontinued for all periods presented. On June 7, 1999, there was a change in the control of the Board of Directors of the Company. The new Board changed the Company's business strategy and decided to enter into the casino business. On June 24, 199, the Articles of Incorporation of the Company were amended to change the name of the Company to sureBET Casinos, Inc. Under the direction of its new management, the Company intends to develop. acquire. joint venture, manage, and operate gaming establishments with an initial focus on water-based gaming, the emerging gaming markets, and the rehabilitation and reorganization of casinos that are underperforming financially. Results of Operations The sole source of revenue for the Company through March 31. 2000 was derived from the operation of Casino Padre. Casino Padre began operations on November 1 8. 1 999 and for the year ending March 31, 2000 the Company incurred a net loss of $1,1 54,564. For the year ending March 31, 2000. the Company's pro rata share of the operating loss of Casino Padre was $1.34 million. During that period, revenues from operations were $447,968 while cost of sales were $46,225 and operating expenses were $1,583,390. A total of $290,000 was allocated to the minority interest in Casino Padre. General and administrative expenses for the year ending March 31.2000. totaled $517,759. A total of $357,891 was expended for the operation of the casino and $578.016 for the operation of the vessel. Sales and marketing expenses were $102.076 for the period with an additional $290.565 being expended to start up expenses. Liquidity and Capital Resources At March 31.2000. the Company had a working capital deficiency of $614.220. The Company does not believe that it will be able to meet its normal operating costs and expenses from management fees and cash flow of Casino Padre. 10 '-" """ The Company believes that it will be able to raise additional capital through debt and equity financing which, along with anticipated cash from operations, will be sufficient to meet the Company's current working capital needs for at least the next twelve months. However, there can be no assurance that the Company will not need to raise additional capital sooner, particularly to take advantage of any expansion opportunities, not currently anticipated that may become available. In such event, there can be no assurance that additional capital will be available at all, at an acceptable cost, or on a basis that is timely to allow the Company to finance any such opportunities. Forward Looking Statements Except for historical information contained herein, the matters discussed in this Item 6, in particular, statements that use the words "believes", "intends", "anticipates", or "expects" are intended to identify forward looking statements that are subject to risks and uncertainties including, but not limited to, inclement weather, mechanical failures, increased competition, financing, governmental action, environmental opposition, legal actions, and other unforeseen factors. The development of the Black Hawk, Colorado project, in particular, is subject to additional risks and uncertainties, including, but not limited to, risks relating to permitting, financing, the activities of environmental groups, the outcome of litigation and the actions of federal, state, or local governments and agencies. The results of financial operations reported herein are not necessarily an indication of future prospects of the Company. Future results may differ materially. ITEM 7. FINANCIAL STATEMENTS The consolidated financial statements and notes are included herein beginning at page F-1 . ITEM 8. CHANGES IN AND DISAGREEMENTS WITH ACCOUNTANTS. None. ITEM 9. PART III. DIRECTORS, EXECUTIVE OFFICERS. PROMOTERS AND CONTROL PERSONS. The officers and directors of the Company are as follows: Name Age Position Charles S. Liberis 58 Chairman of the Board of Directors, President, Chief Operating Officer Michael Georgilas 53 46 Vice President Finance, Controller and Director Wayne E. Marks Director The term of office of each director of the Company ends at the next annual meeting of the Company's stockholders or when the director's successor is elected and qualified. No date for the next annual meeting of stockholders is specified in the Company's Bylaws, nor has a meeting been fixed by the Board of Directors. The term of office of each officer of the Company ends at the next annual meeting of the Company's Board of Directors, which is expected to take place immediately after the next annual meeting of stockholders, or when such officer's successor is elected and qualified. Charles S. Liberis. Mr. Liberis was elected Chairman, President and Chief Operating Officer of the Company on July 8, 1999. Since 1992, Mr. Liberis served as President of CSL Development 11 ~ "'" Corporation, a private company. CSL Development Corporation has been engaged in general development of real estate property including condominiums, resorts, golf courses, and casinos. Mr. Liberis was a founder of Europa Cruises Corporation (NASDAO - KRUZ), Pensacola, Florida, and served as its Chief Executive Officer from 1989 to 1992. Prior to joining Europa, Mr. Liberis was a practicing attorney for over twenty years and was a Senior Partner in the law firm of Liberis, Sauls, and Fleming, P.A., with offices in Pensacola and Tallahassee, Florida, and Atlanta, Georgia. His practice consisted primarily of real estate and corporate reorganization law and he has had an extensive background in the reorganization of numerous hospitality operations. Mr. Liberis was a founder and served on the Board of Directors and as General Counsel of Southern National Bankshares, Atlanta, Georgia, from 1983to 1985. Mr. Liberis majored in business and finance and received his Juris Doctorate from Stetson University College of Law in 1977. He is a member of the American and Florida Bar Associations and the International Association of Gaming Attorneys. Mr. Liberis has previously been found suitable for licensing by the Mississippi Gaming Commission. Wavne E. Marks. Mr. Marks was elected to the Board and as Vice President Finance and Controller of the Company on July 8, 1999. Since June 1997, Mr. Marks has served as Vice President of CSL Development, Pensacola, Florida, and General Manager of Fiesta Casino, Lima, Peru. CSL Development Corporation has been engaged in general development of real estate property including condominiums, resorts, golf courses, and casinos. From September 1991 to June 1997, Mr. Marks served as partner in DB & Associates, Jackson, Mississippi, a consulting firm specializing in project development. From 1973 to 1991, Mr. Marks worked in the Farm Credit System. Mr. Marks served on the Executive Committee of the Farm Credit Banks of Jackson and the Farm Credit Banks of New Orleans from 1979 to 1988. Federal Intermediate Credit Bank of New Orleans from 1979 to 1985, and The Jackson Bank for Cooperatives from 1985 to 1988. He is a graduate of the University of New Orleans, New Orleans, Louisiana. Michael Georailas. Mr. Georgilas was elected to the Board of Directors of the Company in June 1999. Since September 1996, Mr. Georgilas has served as Chairman and Chief Executive Officer of Mondial Group Inc, Athens, Greece, an international casino development and management company. From July 1993 to August 1996, he was Vice President of Gaming and Director of Gaming Development for ITT ¡Sheraton Corporation, Boston, Massachusetts. From June 1992 to December 1992, he served as Chief Operating Officer of Europa Cruises Corporation, Pensacola, Florida. From 1991 to 1992, he served as Associate Director of the Casino and Gaming Management Division at the University of Nevada in Las Vegas. From 1986 through 1991, he held various positions with Hilton Corporation having last served as President and General Manager of the Flamingo Hilton Reno. Mr. Georgilas holds a Bachelor of Science Degree in Hotel Administration and a Master of Science Degree in Hotel Administration from the University of Nevada, Las Vegas. Mr. Liberis may be deemed to be the ·promoter" of the Company within the meaning of the Rules and Regulations under federal securities laws. ITEM 10. EXECUTIVE COMPENSATION. The following table sets forth information for Jeffrey T. Wilson. Mr. Wilson served as the Company's Chief Executive Officer ("CEO") during the fiscal year ended March 31, 1999. No disclosure need be provided for any executive officer, other than the CEO, whose total annual salary and bonus for the last completed fiscal year did not exceed $100,000. Accordingly, no other executive officers of the Company are included in the table. The following table sets forth information for all persons who have served as the chief executive officer of the Company during the last completed fiscal year: 12 ~ ......" Summlry Campenlltlon Tlbll Annuli Campenlltlon Long Term Compenlltlon AWlrdl Plyouta Other R..tllet.d 8ecuJltl.. NI",. Ind InnuII .tock Undlllylng All other principII campen.. ._nll.' Optlon.' LTIP compen- I.' SAR. III pOlltlon Velr S.llry ($' Bonue ($' tlon ($' plyoute ..tlon ($' Jeffrey T. 1999 $0.00 $0.00 $0.00 $0.00 0 0 $0.00 Wilson, President (1' Charles S. 2000 $0.00 $0.00 $0.00 $1,000,000 0 0 $0.00 Liberis, (3) President (2) (1) Jeffrey T. Wilson wes the President of the Complny from April 8, 1996 to July 8, 1999. (2) Charles S. Liberis was the President of the Complny from July 8, 1999 to present. (3) Mr. Liberis received no cIsh compensation or other benefits for the period ended December 31,1999. Mr. Liberis received 1,000,000 of restricted common stock for servicas rendered as a consultant, director, and exacutive officer of the Company through July 12, 1999. The Company does not have any employment contracts with any of its officers or directors. Such persons are employed by the Company on an at will basis, and the terms and conditions of employment are subject to change by the COmpany. Stock Option Plans The Company has no stock option plans. Option Grants in Last Fiscal Year There were no options granted as executive compensation during the past year. Director Compensation No employees will receive additional compensation as directors. Non-Employee directors will be compensated at the rate of $500 per meeting for attendance at meetings with the Board of Directors. ITEM 11. SECURITY OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND MANAGEMENT. The following table provides cenain information as to the officers and directors individually and as a group, and the holders of more than 5% of the Common Stock of the Company, as of December 31,1999: Name and Address of Owner Number of Shares Owned Percent of Class (1) Charles S. Liberis 1610 Barrancas Avenue Pensacola, FL 32501 6,000,000 80.1% 13 ''-'''' ....", Name and Address of Owner Number of Shares Owned Percent of Class (1) Wayne E. Marks 1464 Heartstone Baton Rouge, LA 70808 200,000 2.7% Michael Georgilas Ellis 26 N. Erythrea 14671 Athens, Greece 75,000 1.0% Officers and directors as a group (3 persons) 6,275,000 83.8% (1) This table is based on 7,490,050 shares of Common Stock outstanding on December 31, 1999. Where the persons listed on this table have the right to obtain additional shares of common stock within 60 days from December 31, 1999, these additional shares are deemed to be outstanding for the purpose of computing the percentage of class owned by such persons, but are not deemed to be outstanding for the purpose of computing the percentage of any other person. ITEM 12. CERTAIN RELATIONSHIPS AND RELATED TRANSACTIONS. On March 5, 1999, the Company entered into an Asset Purchase Agreement with its controlling shareholder, Imperial Petroleum, Inc. ("Imperial"). Pursuant to the Agreement, Imperial acquired all of the assets and liabilities of the Company. No consideration was exchanged in return for the sale of the assets and transfer of the liabilities. On May 12, 1999, the Company entered into an Agreement to Exchange Common Stock with U.S. Gaming & Leisure Corp. ("USGL "). USGL is controlled by Charles S. Liberis, the President of the Company. Pursuant to the agreement with USGL, the Company is to issue 6,000,000 new common shares to shareholders of USGL for 100% of the outstanding shares of USGL. This transaction is contingent on a private placement of the Company's common stock which as of this date has not been completed. At such time as the private placement is completed and the exchange of stock is completed, USGL will become a wholly-owned subsidiary of the Company. In contemplation of the Agreement with USGL, there was a change in the Board of Directors of the Company on July 8, 1999. The new board changed the Company's business strategy and decided to enter into the casino business. On October 1, 1999, Casino Padre Investment Company LLC entered into a Charter Agreement to charter the vessel, "MV Entertainer", and the equipment associated therewith, pursuant to a Charter Agreement (the "Charter Agreement") with CSL Development Corporation (CSLD). The initial charter period is for five (5) years commencing on October 1, 1999. Under the Charter Agreement, the Company makes monthly charter payments in the amount of $125,000 per month. During the charter period, the Company shall have an option to purchase the vessel at a price of $6,000,000. The Company is required, at its expense, to obtain and maintain at all times during the charter period adequate insurance on the vessel. The Company assumes (1) all risk of liability for the vessel and for its use and operations, and is required to indemnify the Owner from and against any claim, penalty, damage or liability resulting therefrom; and (2) all obligations with respect to the maintenance, repair and inspection of the vessel. CSLD has agreed to waive the Charter payments for the months of October, and November and December 1999 ($375,000) as well as the security deposit required under the Charter Agreement ($200,000) and in return, CSLD will receive 50% of net operating income once 14 '-"" ...., the investors have received 100% of their capital. Entertainer LLC will have a 50% interest in working capital and undistributed income. CSLD is owned by The Liberis Charitable Settlement Trust ("the Liberis Trust"). The Liberis Trust was established in 1994 by Charles S. Liberis ("Liberis") as Grantor. The Company believes that the terms of the Charter Agreement are competitive with terms that could have been obtained from unrelated third parties for a comparable vessel. On October 1, 1999, the Company entered into a Management Contract with Casino Padre Investment Company, LLC, ("Casino Padre") a Nevada limited liability company. Under the terms of the contract, the Company has an exclusive agreement to operate the gaming ship M/V Entertainer and the gaming operations located on the ship on behalf of and for the account of Casino Padre Investment Company, LLC. At the time that the Management Contract was entered into, Charles Liberis, the President of the Company, owned 83%of the membership units of Casino Padre Investment Company LLC. On October 27, 1999, the Company acquired 50 membership units in Casino Padre Investment Company LLC in exchange for 5,000,000 shares of the common stock of the Company. Following the transaction, the Company owned 83% of Casino Padre Investment Company LLC. The membership units were acquired from Charles S. Liberis, the President of the Company. The price of the units was $500,000, which is the same price paid for the units by Mr. Liberis. Casino Padre was formed on September 14, 1999. At the time of the acquisition Casino Padre was still in the development stage. Casino Padre commenced operations on November 18, 1999. From May 31, 1999 to August 20, 2000, Charles Liberis, the President of the Company, advanced to the Company a total of $118,000. The loans are not evidenced by promissory notes. There is no fixed date for repayment. As of August 20,2000, Casino Padre Investment, LLC is obligated to CSL Development for the payment of a total of $767,589 including $17,589 of annual interest for charter payments on the M/V Casino Padre. Charles S. Liberis, the President of the Company is also President of CSL Development Corporation. The Company's administrative offices are located in 1,996 square feet of office space in Pensacola, Florida, under a month-to-month lease with Charles S. Liberis, the Company's Chairman of the Board of Directors, Chief Executive Officer and principal stockholder. The lease provides for monthly rental payments of $1,663 which the Company believes are competitive with rents which could have been obtained from unrelated third parties for comparable office space. 15 A' . ITEM 13. '-"" "'" EXHIBITS AND REPORTS ON FORM B-K The following exhibits are included with this registration statement: Exhibit Number 2.1 3.1 3.2 10.1 10.2 10.3 10.4 10.5 21 27 Document Agreement to Exchange Common Stock with U.S. Gaming & Leisure Corp. (1) Articles of Incorporation, as amended (1) Bylaws, as amended (1) Asset Purchase Agreement with Imperial Petroleum, Inc. (1) Management Contract with Casino Padre Investment Company, LLC (1) Lilly Belle lease (1) South Padre Island Sublease and Dockage Agreement (1) Charter Agreement with CSL Development Corporation (1) Subsidiaries of the Registrant (1) Financial Data Schedule (1 ) Previously filed as an exhibit to the Company's Registration Statement on Form 1 O-SB dated April 10, 2000 and incorporated by reference herein. 16 '-" ...., .., SIGNATURES In accordance with Section 13 and 15(d) of the Securities Exchange Act of 1934, the registrant caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. sureBET Casinos, Inc. Date: August 24, 2000 By:/sl Charles S. Liberis Pursuant to the requirements of the Securities Act of 1934, this Report has been signed by the following persons in the capacities indicated. 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"II .. W ~ ~~ w~o ~ o W ~ ~ ~ ~ ~ o oÞooÞo~ ~~~~~~~~~~~~~~o ~W~~~~~~W~~~~~~~~oÞow~~ ~~~ ~~~~~~~~~~~oo~~~o~W~~WWOW~~~~W~~~~~~~ o~~Ow~o~~~o~~~~Ow~~owowwo~~~~w~~~~~~oo~~o~ . ... .. . . . . . . .. . . . . o ~ o~oo~ww~w~~~~~~oo~~ooÞoooooo~~o~~~~~oÞo~oo~~oo ~~~o~o~~~~~o~~~oo~~o~oo~o~~oo~~wo~~~~ooÞowo~ I ~ ~ ~ ~ oooo~ooooooooooooooooooooooooooooooooooooo ~ . . . . . . .. . . .. ... . . ... 0 ~ oooo~ooooooooooooooooooooooooooooooooooooo ~ W oooowooooooooooooooooooooooooooooooooooooo ~ 11¡ ~ ~ H ~ ~ ~ ~ ~ ~ ~ 2: 00 ~ 00 11¡ ~ ¡;; ~ ~ ~ o , o oÞo , o o ~ ~ 00 ~ ~ H 00 ~ 11¡=#: ~~ mw I¡ ~I ~ o o o ~ ~ o H ~ o o ~ ~ tø o g; ö ~ o o oÞo I o o ~ I ~ o o o ~ ~ ~ ~ '-' AGENDA REOUEST )'tfEM NO. ~ DATE: October 10, 2000 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Bi-Weekly Committee Reports BACKGROUND: At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Committee Council on Aging Indian River Lagoon NEP Workforce Development Board Land Acquisition Selection Committee Law Library Board of Trustees Treasure Coast Council of Local Gov. Value Adjustment Board Meetinq Date Last Wednesday Quarterly as needed As needed Monthly As needed Suspended for the Summer As needed Chamber of Commerce Board of Dir. Tourist Development Council Lake Okeechobee Coalition COMMISSION ACTION: 4th Thursday 1st Wednesday Monthly CONCURR [ ] APPROVED [ ] DENIED [x] OTHER: Reports Given Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 Commissioner Bruhn Coward Hutchinson Barnes Bruhn Hutchinson Barnes/Coward/ Lewis Bruhn Bruhn All CE: r , '-'" AGENDA REQUEST .'-tI ITEM NO. c-2-A DATE: October 10, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Bid #00-080 Indian River Lagoon Trace - reject all bids and permission to re-advertise BACKGROUND: On September 20, 2000 bids were opened for the construction of the Indian River Lagoon Trace Phase One. Three hundred eighty vendors were notified, thirty seven sets of bid documents were distributed and two bids were received. The low did not have a complete bid and the other bid exceeded the budget. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends rejecting all bids and approval to re-advertise for bids. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: NCE: County Attomey:(X) f)y Coordination/Siqnatures Mgt & Budget: Purchasing Mgr.:(X) c6 Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 ., G:\COMMON\AGENDAS\BIDS\2000-0BO reject,wpd ~ I- W W ~:t: zen :)z 00 0- WI- _<c 0....1 :):) ....1m .<C 1-1- enc - £0 "-" ..., . N N N N zO l"- t- l"- . . . ;t O~ 0 0 0 M CW') II) ~ en <C _ 0 co II) 0 ~_. .. .. .. w c~ M Ø') ~ e ~ N 0 Z ~ [t:: t: co ~ N 00< ... ... w ~ ~ > - ....I ¡: fA- ~ C u. ~ ~ oesl- Z ~ I-w~ 0 0 z :i ..J 0 ;t W u.. 0 0 0 . . ~ . :i a.. i5 M CW') . M 0 0< ~ U) II) Zl--I··~ ~ co (Ø e <C(/)Wz .. ... M c.ø ... Z Z W >~ II) co CW') II) w c > wz II) co en > <C~c~ ~ fA- ~ ~ N oes~ oesW l- e .. c« c<c -I- -z -z mz m[t::-I ma::....I w:) ww« Ww<C enO enl-I- (/)1-1- <c:E <C-IO «....10 m<c al«1- al<C1- W Z :E o <C W 0 o (/) .. « 0 ~ @ WC)'O OZO ~æ~ I- W ... Z~~ '8 (; ffi C)zm «!:!:!:E ....I(/)W ",~I- .....[t::Q. ~~~~ q[t::::>e OzOw i«::¡z ccmw -z::)Q. £11_a..O ~ :::::: :::::: Or-- N ~C") .. .. o W I- ::) m ;. æ 01- wtn Ü:õ i=tn 01- zZ tnW w:E -::) Zu <0 D.o ==0 0_ um u.u. 00 0::0::: I1JW œm :!iE== ;:)::) zz .. c w :> W u W E 0::: 0 rn u c ..: ã5 ~ u. ~ o c 0::: ca w E m ~ ::æ: ~ ;:j Q z .. '-' ....., -, .. ~¡~~¡~~¡~~¡~~¡~~~¡@¡I~@jj¡~~~¡~~t~¡~~~¡~~:¡~~¡~~¡~~¡~~@¡~~¡~~¡@¡~~¡~~@¡~~~¡~~¡~~~¡~~¡~~¡~~¡~~@¡~~¡~~¡~~¡~~:¡~~¡~~¡~~:¡~~¡~~¡~~¡~~¡¥ From: Charles L. Bicht, Sr. - Purchasing Manager Ray Wazny, P.E. - Public Works Director ~ Don West, P. E. - County Enginee~~' Michael Harvey, E.I. - Project Manager nc.H To: Via: Via: Date: September 25, 2000 Subject: Award of Indian River Lagoon Trace (Bid # 00-080) ~j¡~~j¡~~~¡~~:¡~~¡~~~¡~~¡~~¡~~¡~~¡~~¡:~¡~~¡~~¡~~¡~~¡~~¡~~~¡~~¡~~¡~~¡~~¡~~~¡~~~¡~~¡~~¡~~¡~~¡~~~¡~~¡~~¡~~~¡~~¡~~¡~~¡~~¡~~¡~~¡~~¡~~¡~~¡~~¡~~¡~~:¡@¡~~¡~~@¡~~¡:~¡~~¡~~~¡~~¡~~~¡~~~¡~~¡~~¡:~¡~~¡:~@¡~~:¡~~@¡~~¡~¡ The low bidder for this project, Adnan Investment & Development, Inc., has been disqualified because of an incomplete bid. The only other bidder for this project has exceeded the allocated funds. We recommend the present contract not to be awarded. We are revising the bid documents and breaking the project up into thirds in anticipation of receiving lower bids. New bid documents shall be forwarded to the Purchasing Department at a later date. cc : BOCC Douglas Anderson, County Administrator Robert Bradshaw, Assistant County Administrator Mike Powley, P.E - Capital Projects Engineer ~ A~\ INVE-~ENT &. DEVELOFME~ INC. Ci'!FmF!E:D Gi'!NERAL. CONiRACTOR - CG CC5S9G2 P.O. Sex :5 i ï J? ,.i"J:' ~ '1"'= ~ .. l~.'.~_\ ~ I '= ! ""' : ~.~ -.o.·~I' I·, -r::::Jij:~,Þo'" .-. ". ;: ~ ,~! :;1..~ 1 L.:::) :.J::::;-ìS~~j =~;..C:~, F'"-.- 3";;':;5·~5 - .:.:: ~ : ) 2~'~-~c37 ;=-.~;< (55 ~ ) 22-;-3::5.3·3 è:-¡\-!AiL: acr;an1-Jl -.@ ~ct~2!L:c·m À ADMAN K. ALOHITA P¡:¡~51f)f!NT September 21,2000 .- ~Œ(;ùgn""r. ,.,...", ~I D . ~ 1.0 ~ :J \~; I:, ì ' ~¡Ï ~EP? 2-;''[' ¡ IU I I.1.ö- - - -~~" ¡ L--- -~ -- --------! E~i' ~rl~\P==Ç'~~_!:~ ~'1...;;~< ~(...:._;.: ;'« "~'I' Mr. Mike Harvey St. Lucie County Engineering Division 2300 Virginia Ave. Ft.Pierce,FL 34982 Re: Indian River Lagoon Trace Project #00-080 Dear Mr. Harvey, This letter is in regards to bid opening of the above referenced project. Upon reviewing our bid we noticed that in the original bid unit price schedule the earth work consisted of three items: 120-1, 120-6, and 120-6A. These three items were consolidated into one item in the bid schedule of Addendum IV. Upon reviewing our bid, we failed to add Item 120-6A in the amount of $135,900 (copy of our subs prices attached) which resulted in having our base bid understated by $135,900. Consequently because of this mathematical error our base bid should have been $719,313. Total bid with Alternate 1 should have been $972,753 and total bid with Alternate 2 should have been $1,091,553. As you can see from our Sub quote, which was fåxed to our office on September 12, 2000, this is just an honest ma.thematical error. We regret this, and as you can see our corrected bid is still more than $100,000 cheaper than our competition. Please call me if you have any questions. Sincerely, ~/?~ Adnan K. Alghita President AKA: wss .i 1 '-" AGENDA REQUEST ~ ITEM NO. C-2-B DATE: October 10, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: Bid waiver and sole source purchase to American Seating for replacement seat bottoms and backs at Mets Stadium. . BACKGROUND: See attached memorandum from the Interim Leisure Services Director FUNDS AVAIL.: 461-75201-546100-700 o 'P E (è. ÞrT' '" e:,.. - Sï A't,) \ ~ H. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the request for a bid waiver and sole source purchase to American Seating for replacement seat bottoms and backs. [OJ APPROVED [] DENIED [ ] OTHER: CE: COMMISSION ACTION: /"v' /,',"'" '.... ..lì i /.~ Originating Dept: Purchasing Mgr.:(X) Other: c6 Coordination/Siqnatures Mgt & BUdget:(X~ ývl~ Other: County Attomey:(X) Finance: (Check for Copy only, if Applicable)_XX_ Eff. 1/97 G:\COMMON\AGENDAS\WAIVERS\sole source stadium seats.wpd , ~ ""'" BOARD Of COUNTY COMMISSIONERS LEISURE SERVICES , SPORTS COMPLEX :MEMORANDUM To: Charlie Bicht, Purchasing Manager D Pete Keogh, Interim Leisure Services Director\ \ ( . [ From: Date: September 29,2000 Re: American Seating - Purchase Replacement Seats/Backs ****************************************************************************** This is a Sole Source purchase - original manufacturer's replacement. I have attached the Procurement form, the vendor's quote and the requisition covering the replacement seats and backs, At this time, I am requesting that the bid process be waived and the requisition be signed by Mr. Anderson. Time is of the essence - delivery is 8-12 weeks. Thank you for your assistance in this matter. PK/lc " ,.-'. C) ,:;::) (/) .'-...., " 'I -,:;I N 1..0 -0 ":? a --,,_ Oì JOHN D. [JRUHN, District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.:3 . FRANNIE HUTCHINSON, District No.4· CLIFF [JARNES, District No.5 County Administrator - Douglas M. Anderson 527 N.W. Peacocl'i Olvd.. Port St. Lucie, FL 34986 · Tel: (561) 871-5476 · FAX (561) 871-5456 , '-' JU5TlrICAT'lldN rOil 50L[50URC(PROCUR[~(NT "' Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. 1. We propose to procure the following: 405 replacement seats and 416 replacement backs for the seating bowl at the Sports Complex stadium 2. As a sole source procurement from: Name of Company: American Seating Co. Contact name: Tom Stratton Phone 770-979-6738 3. The basis for this sole source determination and the reason no other vendor is suitable is: Original manufacturer's replacements Department/Division Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Authorized Signature Title Approved ( '/J ) Disapproved ( ) rÁf.. b5-H PURCHASING DIRECTOR Iq'Z/~ DATE revised 0512000 ~ ~ INTERNAL REQUISITION AUTHORIZATION For W8fWhouae Orden and Other Quotations """ DEPARTMENT: Lei.Serv./Sports Complex FUND: 461-75201-546100-700 r OATA I..PUT PAGE CLERK REQUISITION NUMBER REQUISITION DATE DELIVER TO: 527 NW Peacock Blvd., Port St. Lucie, Fl34986 REMARKS: VENDORS: NUMBER 13800 '1 NUMBER 112 NUMBER '3 NAME American Seating Co ADDRESS Grand Ra ids, Michi an 49504 NAME ADDRESS NAME ADDRESS SOLE SOURCE X EMERGENCY ~CHAIE ITEM NO OUANTlTY uM DESCRIPTION 13651. I ea Stal~um eats .ac s ~ole II reo ac~ VENDOR .3 VENDOR .2 VENDOR .1 UNIT PRICE UNIT PRICE UNIT PRICE TOTAL PRlcr 3, 51. 0 ments Blue Seats 143 Seats 249 Seats 4 Seats Backs Bac s Total char e ea ea ea ea ea ea incl hardware Tom Stratton Comm Code: 42004 PRICES ESTABLISHED BY: VENDOR TOTALS .3 '2 .1 13,651. 60 VENDOR REPRESENTATIVE .1 .2 .3 REQUESTING PERSON D ERSON ONLY 09/20/2080 14:53 7709792155 TOM STRATTO~~ '-' ..".., AMERICA.~ SEATING COMPANY PAX 'TRANSMISSION Date: September 20, 2000 To: Lois Company: From: Tom Stratton Phone: 770~979-6738 American Seating Company Fax: 770~979-216S 1664 HoUy Lake Circle Snellville~ OA 30078 Subject Replacement seats and backs The cost of the seats and backs is the same as last year: Scats - $15.65 freight SO.75 each minimum order - SO Backs - 516_10 freight SO.75 each nùnimum order - 50 The minimum total order at this pricing is 200 pieces. American Seating is the original manufacturer of your chairs and you are buying directly ttom us. We are tbe sole source for oriøina1 parts for American Seating products. The parts are being sold to' you at the same price, or less. that we would sell them to our dealers. PAGE 01 '.!II ___.... ~ AGENDA REQUEST "'" ITEM NO. e - 3A DATE: October 10, 2000 SUBMITTED BY(DEPT): Engineering REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: ~~~~.~ --/ r Donald B. Whst, P.E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Approvalof Work Authorization to the Agreement for Continuing Engineering Services with LBFH, Inc. to prepare a Conceptual Design and Preliminary Cost Estimate to provide potable water to the proposed Grey Twig Lane MSBU. BACKGROUND: On August 3, 2000, the County received a Petition from property owners representing 78% in support of a MSBU, to provide potable water to residents on Grey Twig Lane. The County needs to obtain the engineering services of LBFH Inc. to prepare a conceptual design and a preliminary cost estimate to provide the potable water improvements. PREVIOUS ACTION: Funds will be made available in 101001-4115-563005-38005 C!¡j¡ None FUNDS AVAIL.: RECOMMENDATION: Staff recommends approval of the attached Work Authorization to the Agreement for Continuing Engineering Services, dated March 14, 2000 with LBFH, Inc. to prepare a Conceptual Design and Preliminary Cost Estimate for the proposed Grey Twig Lane MSBU, in the amount of $4,250.00, and authorize the Chairman to execute the Work Authorization. [x] APPROVED [] DENIED [ ] OTHER: URRENCE: COMMISSION ACTION: Douglas Anderson County Administrator [X)County Attorney Coordinatlon/Slanatures [X )Mgt. & BUdge~ fY¥jf;;[ [ )Uti! Dir: [ )Purchasing [X )B&R Coor Bf\\\ [X )Finance ,. ~ . ....., -.....I WORK AUTHORIZATION Engineering Services for Grey Twig Lane MSBU Pursuant to that certain Agreement Between County And Engineer For Continuing Engineering Services (the "Agreement") between St. Lucie County (the "County") and LBFH, Inc. (the "Engineer") dated March l4, 2000, Engineer hereby agrees to provide professional engineering services under the terms and condition set forth in Exhibit "A", "Gray Twig Lane Water MSBU Conceptual Design and Preliminary Cost Estimate", attached hereto and made a part of this Work Authorization. IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization, effective this day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: LBFH, INC.. i // _ /?/J(T¡11.~c/L , ¿1 ; ~n .. ,-'í' 1\~:,fL~T)n,¡A.. (', /:lvf::h.ðj,<..uPt- (;?- x::~ ...-r By: Print Name: /" -f /lit ;. '. ./ ,,,,/,;7 .i ( f .' c.' l. l(,__ c.' Title: , ~- ! ; C I;:: 1::..:; ! J~~.>L"í C:\JWL\AGREE\LBF&H-WA-2 OO.WPD --- --"-- . .....-' -- ~ f·- ~. l!æfh "-' ....., EXlDBIT "A" Gray Twig Lane Water MSBU "Conceptual" Design and Preliminary Cost Estimate SECTION 1- SCOPE OF SERVICES Phase 22ffask 220 - Coneeptual Design and PreUminary Cost Estimate · Gray Twig Lane is a dead end road with an existing water main at the intersection of Gray Twig Lane and South 25m Street. · Prepare a conceptual design sketch indicating the proposed water main aJong Gray Twig Lane and connection to the existing water main along South 25111 Street. Sketch will indicate location of Gray Twig Lane and preliminary location of the proposed water main with valves and hydrants. · Based on the conceptual layout of the water system, develop a preliminary constTUction cost estimate. Estimate will include construction costs in addition to estimates for needed survey work, preparation of construction drawings, bidding services, and construction inspection services. Phase S3ffask 530 -Initial Public Meeting · Attend up to one public meeting, to suppon the MSBU coordinator, in order to obtain input from the residents along the project boundaries. · Provide one exhibit identifying the proposed project and conceptual layout of the system. SECTION 2 - DELIVERABLES · Conceptual exhibit of the proposed water main system. · Preliminary Cost Estimate · Public Meeting Exhibit SECTION 3 - SCHEDULE The deliverables ~i1l be provided within 30 days of notice to proceed or issued purchase order SECTION 4 . METHOD AND AMOUNT OF COMPENSATION Compensation for this work will be in accordance with the following Phase breakdown: Phase Payment Method Amount 22: Preliminary Design I Estimate 53: MSBU Coordination LS T&E $3,500 $750 P:\OO-01AS\af. pn: dai¡;u.doc TDTRL P. 03 \...; AGENDA REQUEST """ ITEM NO. ~ . ~ -3 B DATE: October 10, 2000 SUBMITTED BY(DEPT): ENGINEERING DEPT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: ~~~Jp~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: King Orange2 MSBU and Skylark2 M.S.B.U. Potable Water Improvements - FPUA Request Permission to Advertise for the Initial Public Hearing BACKGROUND: See attached memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends acceptance of the two petitions and that permission be granted to advertise for the Initial Public Hearings. In the opinion of staff, the public hearings are recommended to be held on November 8, 2000 which is a "night" Board meeting. PC] APPROVED [] DENIED [ ] OTHER: NCE: COMMISSION ACTION: o as Anderson County Administrator [x]Public Works Dir [ ]Finance (check for copy only, if applicable) Coordlnation/Slanatures [x]County Attorney [ ]Mgt & Budget [x ]Co, Eng ~f' [ ]Purchasing [ ]Other " '-' "'-' COMMISSION REVIEW: October 1 0, 2000 ENGINEERING MEMORANDUM 00-305 TO: FROM: DATE: SUBJECT: Board of County Commissioners Donald B. West, County Enginee~~,. September 29, 2000 King Orange2 MSBU and Skylark2 MSBU Potable Water Improvements - FPUA Request Permission to Advertise for the Initial Public Hearing BACKGROUND The property owners on King Orange Drive and Skylark Drive have submitted petitions to St. Lucie County to establish a Municipal Service Benefit Unit (M.S.B.U.) to fund the costs necessary in bringing potable water to their area. The utilities system would be provided by the Fort Pierce Utilities Authority. The petition received for the proposed King Orange2 MSBU represents 73% in support of the project and the petition received for the proposed Skylark2 MSBU represents 70% in support of the project An informal meeting was held with the property owners on September 28, 2000 to discuss the proposed potable water improvements, conceptual design, MSBU process, and to provide the residents with a rough estimate of the cost. Based upon the consensus of opinion of those present at the meeting, it was determined that the County proceed with the project. RECOMMENDATION Staff recommends acceptance of the two petitions and that permission be granted to advertise for the Initial Public Hearings. In the opinion of staff, the public hearings are recommended to be held on November 8, 2000 which is a IInightll Board meeting. m ...., )( CA) ,þ. Sl,þ. ,þ. ê,.) ,þ. C Q. CA) CD ,¡¿ 0 CJ) 5 en z m 0 c "tI m -4 t ::¡ Õ m z ~"'Q &10 ø~ c-" ø~ JJ :r: Z .m G') » ~ <D ~ -<----« fJHi!7 .þ...... O1.W mo (;1m 00 bb 00 -E/Hfi ffi .þ..þ.1\) <0 coCO . _ <0 .þ. ..... - OW""'¡ 00..... . .·.0 00' 008 .....¡ o N ....II. #. Ch G5 z m c "'CI m ""'" ::¡ Õ z NNNNNNNN.... ""C»(.þ.(,)N....CU> ....11.1\)1\)1\)1\)1\) (¡.) (¡.) .¡:,. .....¡ (¡.) C) N fJ)J: ~C ....Z .... .-i -c... :2:0 1i)J: fJ)Z ð:?: ::1:(/0 :2:0 ()m . CD (/o:D c> m(J) m o :D > ::I: Ç) ------«------ .... y ,Tf' ~ ...", ITEM NO. C3C DATE: October 10. 2000 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) p~ Leo J. Cordeiro Solid Waste Manager TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): SOLID WASTE DIVISION SUBJECT: Staff requests the Board of County Commissioners' approval of Change Order #1 to Sheltra & Son Construction Company, Inc., for the Glades Road Landfill Class I, Cell 3A Expansion and Leachate Force Main Relocation, for an increase of $42,484.50 and an increase of 37 days in contract time, bringing the original contract sum from $2,114,100 to the total sum of $2,156,584.50. BACKGROUND: See attached memorandum FUNDS AVAILABLE: Funds are available in account #401-3410-563000-3301 PREVIOUS ACTION: On January 11, 2000, the Board of County Commissioners awarded Bid #00-001, Class I Cell 3A Construction and Leachate Force Main Relocation to the low bidder, Sheltra & Son Construction Company, in the amount of $2,114,100. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order #1 to Sheltra & Son Construction Company, Inc., for the Glades Road Landfill Class I, Cell 3A Expansion and Leachate Force Main Relocation, for an increase of $42,484.50 and an increase of 37 days in contract time, bringing the original contract sum from $2,114,100 to the total sum of $2,156,584.50. XJ APPROVED o OTHER: o DENIED ou as Anderson Co nty Administrator COMMISSION ACTION: =1\ . Review and Approvals ~nty Attorney: ~ LJ ~gement and BUdget:~ '-'Y)VYk? 0 Purchasing: ér'6riginating Dept: (Pub. Wks.\ ~ffíer: (Landfill) 0 Other: ~ance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf, Lucie County Community Services Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. '-'" .....,.1 r PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM FROM: Board of County Commissioners Leo J. Cordeiro, Solid Waste Manager é? TO: DATE: October 10, 2000 RE: Sheltra & Son - Change Order BACKGROUND: Phase II of the landfill was constructed back in 1988. The South edge of the bottom liner of Phase II didn't uniformly extend to the dimensions shown on the old as-builts. This was discovered during waste excavation to allow tie-ins of the new Phase II liners to the old liners. In order to comply with regulatory requirements and to prevent groundwater contamination with leachate, it was necessary to expand the new lined area by 153' x 45'. Staff consulted with our engineers on this issue and recommend approval of Change Order #1. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order #1 to Sheltra & Son Construction Company, Inc., for the Glades Road Landfill Class I, Cell 3A Expansion and Leachate Force Main Relocation, for an increase of $42,484.50 and an increase of 37 days in contract time, bringing the original contract sum from $2,114,100 to the total sum of $2,156,584.50. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. H:\WI N\WP\AGENDA\SheltraChgOrdr.wpd - .i ChAN'GË OMDER c C PROJECT: (name, address) Class dfi Construction and Leac~ate Force Main Relocation Glades Cui-off Road Landfill 6120 Glades Cut-off Road Ft Pierce, Florida 34981 TO (Contractor): Shelta & Son Construction Co., Inc. P.O. Box 336 IndiantOWfl, Florida 34956 Yau are directed to make the following changes in this Contract (Additional sheet attached as exhibit A . Yes No) ''''; CHANGE ORDER NUMBER: 'One (1) INtTtATtON DATE: september 8, 2000 CONSULTANT'S PROJECT NO.: 6277-23397-066 5T. 1.UCIE COUNTY coNTRACT NO: 00-001 CONTRACTDATe:February 23, 2000 The original (Contract sumMQIIIIIIKIIIIeII~1I: was.... 0.........·....·...··..·.....·· .....................$ 2, 114 , 100 . 00 Net change by previous au orized Change orders ..........................................................................$ 0.00 The (Contract Sum) ( . prior to this Change Order was.........................·$ 2 114 100 00 The ¡çontraCI suml (~aø) will be (iI>.......e<\) (~ ". ~JII1g1II) by the Change Order....-.....................................................·..·...·..··...................................$ 42, 484 · 50 The new (Contract Sum) ( . including this Change Order win be ...........$ 2 , 156,584 · 50 The ContraCt lime W111 6è Qncreased) (dBœX9Ø1)Ccaxone~bY ..............................................;... 37 day s ( S C& FC ) The Date of Final Acceptance as of the date of this Change Order therefore is: Se p t ember 27, 2000 (! October 27, 2000(FC Funds Available: Account Number 401_3410-563000-3301 The adjustment in contract Price and/or Contract Time stated In this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor fer the work or changeS defined In this Change Order. By executing this Change Order. !he Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on an other non-affectred work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of perfonnance caused directly and indirectlY !tom the Change Order, subject to the cunant scope of the entire work as set fcIth in the Contract Documents. Ac:ceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract. and that Contractor wiI- aft rights to file a claim on this ChaI1ge Older after ft Is properly executed. All wo'" performed unde this Change Order shall be performed in accordance with the contraet specifications. Recommended: Camp Dresser & McKee Inc. Architect/Engineer 1701 State Road A-1-A suite 301, Vera Beach, FL 32963 ~~8'~ By Agreed To: Sheltra & Sons Construction Co., Inc. Contractor P.O. Box 336, Indiantown, FL 34956 1bdoo Date. . Ad?])S ~ :/hV ~ ?Âfi""'\. J By q (PbIIJV . Date .. . WHITE - VENDOR GOLDENROD. F[NANCE APproved: Solid Waste Division Public Works De t Sl Lucie County Department 6120 Glades cut-off R Ft. pierce, FL 34981 -- Address - ~. D~ Authorized: Sl Lucie County: 2300 Virginia Ave" Ft. Pierce, FL 34982 Date By Approved as to Form and Correctness county Attorney GREEN _ PURCHAStNG PINK - DEPARTMENT '-' . . - '-II EXHIBIT A ITEM DESCRIPTION St. Lucie County, Florida Glades Cut-off Road Landfill Cass I Cell 3A Landfill Construction and Leachate Force Main Relocation CDM Project No. 6277-'13397-066 Change Order No.1 Item No. t Description: Additional soil testing Purpose: Cost: Time: Permeability testing on offsite sand layer material to ensure specifi~tion requirements. $90.00 o days 2 Description: Unsuitable soil removal Purpose: Cost: Time: Unsuitable material removed to provide adequate cell foundation layer. $7,394.50 2 days (SC &: Fq 3 Description: Cell Extension Purpose: Cost: Time: rb3293,dOC '. . ....... Additional lined area for stormwater conveyance at Phase n cell interface. $35,000.00 35 days (SC &: Fq "'" '-' 'wi" CHANGE ORDER COST SUMMARY St. Lucie County, Florida Glades Cut-off Road Landfill dass I Cell 3A Landfill Construction and Leachate Force Main Relocation CDM Project No. 6277-'23397-066 Change Order No.1 Item Cost! (Credit Time 1 $90.00 o days 2 7,394.50 2 days (SC & Fe) 3 35,000.00 35 days (SC & Fe) Total Change this e.O. No.1 $42,484.50 37 days (SC & Fe) This Change Order includes not only all direct costs of contractor such as labor, material, job overhead, and profit markup, but also includes any costs for modifications or changes in sequence of work to be perfonned, delays, rescheduling, disruptions, extended direct overhead or general overhead, acceleration, material or other escalation which includes wages, and other impact costs. .." -' . -' rb3293,dOC ~ AGENDA REQUEST "-" ITEM NO. C-4~ DATE: October 10, 2000 ... '-.../ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] _.",.;.~--"-~;"--""--_. TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Interim Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Acceptance of Culpepper & Terpening, Inc.'s $3,500.00 corporate donation for the South County Regional Stadium construction and approval of Budget Resolution No. 00-218. BACKGROUND: As part of the ongoing effort to obtain funding for the construction of the South County Regional Stadium, corporate donations are being accepted. FUNDS AVAILABLE WILL BE AVAILABLE IN: 301-7516-366900-79502 South County Regional Stadium Donation Account PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners accept Culpepper & Terpening, Inc.'s $3,500.00 corporate donation for the South County Regional Stadium construction and approve Budget Resolution No. 00-218. COMMISSION ACTION: NCE: f] APPROVED [] DENIED [ ] OTHER: Anderson nty Administrator /\r, ,r 'I.-. County Attorney:~ Originating DePt:~¿ Finance: (Check for Copy only, if Applicable) Coordination/Siqnatures Mgt. & BUdge~ '-Inrn1 Other: Purchasing Mgr.: Other: Eft. 1/97 A,\Agenda Request Culpep&Terp donationlO.10.Oo.wpd '-"" ..., RESOLUTION NO. 00-218 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from Culpepper and Terpening Inc. for a donation for the South County Regional Stadium. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 10th day of October, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-01, and the County's budget is hereby amended as follows: REVENUES 301-7516-366900-79502 Donations $3,500 APPROPRIATIONS 301-7516-599330-79502 Reserves $3,500 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 10TH DAY OF OCTOBER, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ,'" CULPEPPER & TERPENING, INC. '-'" ..."" CHECK NO. 017169 ...: ..~~ .,.. \:. ';, . to. ;: HH R liIoU)( I :\0 1!I.\OI( I D\II 1:\\OI( 1 A'10ll"'1 '\'\1m:\1 P,\ID DISCOI'!'; r TAKI iIo Ì',S';t.... .... , ~'.:;\.:;:.!':;::' ~~t~· ;..0- r.:f¡14~~:: i5.::~{. ~~:,;' ' iIolT 011 ( " -\\101 1\ r - -0' $3 ,500.00 ~~·,;('·'i . ,~r:::~ ~ 500 00 '.~'" ~ , . '!"" .' , ...."'" 11',,"" _ ,.,'_:;:';" ",c ~:~.::< "/.(.> ft,:;\~.; : ¡¿, ',','>. : .;, ' ~; ~~¿~> ¡;:', ~~?~:':'.,- . :~r: 9/27/00 .... ~. -, CULPEPPER & TERPENING, INC. 2980 South 25th Street - 34981 P.O. BOX 13360 FORT PIERCE, FL 34979-3360 11-85 RIVERSIDE NATIONAL BANK OF FLORIDA 2211 Okeechobee Road Fl Pierce, Aorida 34950 63-1114 670 CHECK NO. 0 1 716 9 DATE CONTROL NO. AMOUNT 9/27/00 $3 ,500.00** PAY TO THE ORDER Of **'IHREE 'IJDJSAND FIVE lRJNDRED AND tD/100 roLLARS** ST. LUCIE COUNI'Y LEISURE SERVICES 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 III 0 ~ ? u; g III I: 0 b ? 0 ~ ~ ~ '-t 2 I: 0 ~ 0 5 5 b g b bill 0 ~ , I ! J I / I .I ~~~l~\ \ SiP 2.1 '2.t:t'u \Ii" .~ .-- j \ ~ ,_ç ;0\/''-:;''; \ LE.'st:t"lE ~~. " ,-, -~\ . \_._?~_~~.~.£9~:'- c~ ---'- .I --- ~ '-" "wi AGENDA REQUEST ITEM NO. !-J/-ß DATE: 10/10/2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Interim Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Approval of the river boat tours contract with Green Seas. BACKGROUND: On August 22, 2000, the Board directed staff to negotiate a contract with Green Seas (the top ranked proposer) to provide river boat tours within St. Lucie County. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commission approve Green Seas' contract with the County and authorize the Chairman to sign. COMMISSION ACTION: NCE: D u Änderson Co nty Administrator [xl APPROVED [] DENIED [ ] OTHER: with changes - Amend agreement to incorporate proposal and be specific on the type of boats used. .~-: ,'" /...,..J County Atto'"oy'ß Originating Dept: \ . ·/é Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H,\Agenda Request GreenSeaslO.10.OO.wpd '-' ....,.¡ CONCESSION LEASE AGREEMENT THIS LEASE is made and entered into this day of , 2000, by and between St. Lucie County (the "County") a political subdivision ofthe State of Florida, and Green Seas Environmental Organization International, Inc. (the "Lessee"), a Florida non-profit organization. ARTICLE 1 1.01 Term. The County, hereby leases to the Lessee for a term oftwo (2) years, the Site described in Article 3.01 below for the operation of a boat tour concession facility within St. Lucie County and at the Site noted herein, hereafter called the "Facility" or "Concession." ARTICLE 2 2.01 Option to Renew. Provided that there has been no default ofthe Lease by Lessee. Lessee may, by written notice to and with the approval of the County Administrator or his authorized designee, at least two (2) months before the end of the current term, renew this Lease for two (2) additional period of one (1) year, upon such terms and conditions as the parties may agree. Such periods shall run consecutively so as to make this Lease continuous in its operation from the beginning to its termination, a period of four (4) years. In the event that the parties do not agree on terms before the expiration of this Lease, Lessee shall have no further rights under this Lease. 2.02 Facility and Concession Lease A2reement. This Lease is exclusive only to the Site and authorized Concession described herein. Nothing contained in this Lease shall preclude the County from charging fees for, including but not limited to parking, admission, pavilion rental and special events. ARTICLE 3 3.01 Site Description. A map of the River Park Marina site (the "Site") showing the location for the Site leased to the Lessor under this Facilities and Concession Lease Agreement is attached hereto and made a part hereof as Exhibit "A." ARTICLE 4 4.01 Lessee Responsibility. The Lessee or his subcontractors are independent contractors and are not employees or agents of the County. Nothing in this Lease shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Lessee, its employees, agents, subcontractors, or assigns, during or after the performance of this Lease. ARTICLE 5 5.01 Compensation. Lessee shall provide a minimum of twenty-four (24) free tours per year from the Site. The County Administrator or his designee shall provide the Lessee with a minimum of -1- '--" "'" 48 hours written notice of an intent to exercise a free trip. The County Administrator or his designee shall designate the usage of the 24 free trips. 5.02 Sales Tax. The Lessee shall be liable for the prevailing State of Florida Sales and Use Tax imposed on rent (currently at the rate of 6.5%) on the amounts payable to the County under this Lease. This Sales and Use Tax shall be payable to the County that in turn will remit same, less authorized handling deductions, to the State. 5.03 Utilitv Reimbursement. The Lessee shall pay the utility charges. 5.04 Pavment of Fees. The Lessee shall pay all rents, fees, and charges, and submit all reports required by this Lease to the following: Department of Leisure Services 2300 Virginia Avenue Fort Pierce, Florida 34982 In the event Lessee fails to pay any of the rentals, fees, or charges as required to be paid under the provisions of this Lease within ten (10) days after same shall become due, interest at the rate of one percent (1%) per month shall accrue against the delinquent payment(s) until same are paid. Implementation of this provision shall not preclude the County from tenninating this Lease for default in the payment of rentals, fees, or charges, or from enforcing any other provisions contained herein. 5.05 Reports and Records. A. The Lessee shall maintain during the tenn ofthis Lease all books of account, reports, and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Lease and all monies collected hereunder, not limited to gross receipts. All required records shall be available to the County Administrator or his designee and the County auditors at a reasonable location in St. Lucie County, Florida for a period of five (5) years after the end of any lease year. The fonn of all such records and reports shall be subject to the approval of the County prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. ARTICLE 6 6.01 Advertisement. Lessee may advertise on County Property subject to the approval of the County Administrator or his designee. Description of the advertising shall be submitted to the County Administrator or his designee for approval which approval shall be granted or denied within 20 days. Failure to respond by the County Administrator or his designee within the 20 day period will be deemed approval. 6.02 County Approval. The Lessee agrees that it will obtain prior written approval from the County in all of the following matters. -2- "-' "-'" A. Changes from originally approved specifications, signage, and graphics. B. Equipment Lessee plans to install requiring any modifications. C. Changes to their prices. Further, it is understood by the Lessee that should any of the above items be disapproved, Lessee will offer alternative solutions. The County shall be allowed sixty (60) days to reach a decision in any of the above matters and failure to do so within such period shall constitute approval. Lessee shall provide the County with two copies of any new menus, price lists or other sale or rental items with suggested prices prior to use. 6.03 Countv Approval ofChan~e. The County reserves the right with stated just cause to require the Lessee to change within a stated time any and all items contained in Article 6 of this Lease it deems in need of change, despite previous approval of same. 6.04 Public Contact of Lessee's Emplovees. Lessee's employees in contact with the public shall perfonn their duties efficiently and courteously. Failure of an employee to do so shall be grounds for the County to demand his or her removal from duties. All employees, except the Site manager and assistant manager, shall be distinctively unifonned or appropriately attired so as to be distinguishable as the Lessee's employees. 6.05 Minimum Hours of Operation. The Concessions will be required to operate at a minimum of two hundred (200) days per year from 9:00 a.m. to 5:00 p.m. Sufficient attendants \vill be available to provide outstanding service. Prior to the signing of this Lease, the Lessee shall submit a schedule of intended hours of operation to the County for approval. The County may require a change in days and hours of operation if, in the discretion ofthe County, such a change is desirable in providing the best service to the public. 6.06 Qualitv of Lessee's Services. A. The Lessee shall conduct its operation in an orderly manner so as not to annoy, disturb, or be offensive to customers, patrons, or others in the immediate vicinity of such operations. B. The Lessee shall control the conduct, demeanor, and appearance of its officers, members, employees, agents, representatives, customers and patrons, and upon an objection of the County concerning the conduct, demeanor, or appearance of any such person, Lessee shall immediately take all necessary steps to correct the cause of such objections. C. Lessee shall take good care of the Site, shall use the same in a careful manner and shall, at its own cost and expense, keep and maintain the same in constant good and substantial condition and repair, and upon the expiration of this Lease, or its tennination in any manner, shall deliver said Site to the County in no worse -3- v """'" condition than the same was at the commencement of this Lease, loss by fire or other casualty and ordinary wear and tear only exceptions. D. Lessee shall furnish good, prompt, and efficient service, adequate to meet all reasonable demands therefore. 6.07 Scope of Services. The Concession granted to the Lessee under this Lease shall include only the operation of boat tours. The Lessee shall not sell or rent, nor offer to sell or rent, any other merchandise, product or piece of equipment, without the prior written approval of the County Administrator or his designee. The parties agree that the scope of the concession may be amended upon mutual written agreement of the parties. 6.08 Emer~encv Response. The Lessee shall provide a means of communications, acceptable to the County Administrator or his designee, by which the Lessee can timely and effectively communicate with County, state or federal emergency response personnel. The Lessee shall maintain an emergency response boat, acceptable to the County Administrator or his designee, at the Site during all times of operations. ARTICLE 7 7.01 Assi~nment. Sublettin~ and Successors in Interest. Lessee shall not sublease the Site in whole or any part, or assign this Lease to any other persons or finn without first obtaining the County Administrator or his designee's written approval. It is covenanted and agreed that all covenants, conditions, agreements and undertakings contained in this lease shall extend to and be binding on any respective successors, assignees or sublease accepted by the County. ARTICLE 8 8.01 Alcoholic Bevera~es. Lessee shall not sell give or otherwise distribute any alcoholic beverages while on County property nor allow any customer to bring any alcoholic beverage offthe tour boat, in accordance with Florida State Division of Alcoholic Beverages and Tobacco regulations. ARTICLE 9 9.01 Structures and Improvements. The Lessee shall not construct or place nor cause to be constructed or placed, any structure or other improvements at the site without the express written approval of the County Administrator or his designee. It shall be the responsibility of the Lessee to obtain and pay for any local, state or federal pennits or pennissions required to construct or place any structures at the Site. -4- ~ ....,; 9.02 Equipment Installed bv Lessee. A. All equipment, furnishing, signing, and advertising installed by the Lessee shall be in keeping with the appropriate standards of decor at the facilities and must be approved by the County prior to installation. The Lessee shall not install, remove, or replace the equipment or furnishings, and improvements that the County may approve from time to time, Lessee shall provide to the County a certified statement by an independent Certified Public Accountant setting forth the cost of such equipment, furnishings or improvements and the date upon which the installation of such equipment, furnishings, and improvements was completed. B. Lessee agrees that all equipment, furnishings, and improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes. C. Lessee shall not alter or modify any portion the Site, the leased premises or the improvements constructed therein without first obtaining written approval from the County. D. Lessee shall not sell, convey, mortgage, pledge, or otherwise dispose of any of the equipment or furnishings installed on the leased premises without prior written consent of the County. 9.03 Ownership oflmprovements/Equipment. It is the intention of the parties to this Lease that all fixtures, furnishings, equipment or improvements provided by Lessee shall at the termination of the Lease become the property of the County. Lessee agrees to execute and deliver any improvements/equipment to the County within thirty (30) days from the termination of this Lease. Prior to the installation of any such equipment or improvements, the Lessee shall provide the County with an invoice or other documentation ofthe cost of the equipment or improvements along with the manufacturer's or contractor's estimated useful life for the equipment or improvement. ARTICLE 10 10.01 Maintenance Responsibilities of Lessee. Appearance of the Site: Lessee shall, at its sole cost and expense, keep and maintain the Site in a first-class condition during the term of this Lease and any extensions thereof. Lessee shall be responsible for the maintenance of all equipment, furnishings and fixtures used or useful at the Site. Lessee shall be responsible for the removal of all trash from the Site generated by the Concession. Lessee shall use an approved marine sewage pump out service for wastewater removal from the tour boat. Lessee shall be responsible for security for boat and dock, as required. 10.02 Dama~es. Lessee shall repair all damage to the leased or non leased portions of the Site caused by the Lessee, its employees, agents, or independent contractors. -5- ~ .""", ARTICLE 11 11.01 Ouiet Enjoyment of Leased Property. The County covenants and agrees that so long as no default exists in the performance of Lessee's covenants and agreements contained herein, Lessee shall peaceably and quietly hold and enjoy the lease site and all parts thereof free from eviction or disturbance by the County or any persons claiming under, by or through the County. ARTICLE 12 12.01 Indemnification. To the extent of the insurance coverage set out in Article 16, Concessionaire agrees to indemnify and save the County (and its directors, officers, employees and agents) harmless from any liability, losses, damages,judgments, liens, expenses and costs (including, without limitation, reasonable attorneys' fees) sustained or incurred in connection with any claims, demands, suits, actions or proceedings made or brought against any such party as a result of any negligent act or omission of Concessionaire (or its directors, officers, employees and agents) in the performance of its obligations under this Agreement. For the purpose of this section, the term "County" shall be deemed to include the Board of County Commissioners and its agents, employees and affiliates. The indemnifications contained herein shall survive the expiration or termination. ARTICLE 13 13.01 Liabilitv for Dama~e or Injurv. The County shall not be liable for any damage or injury that may be sustained by any party or persons on the leased Site or connected in any way with the Lessee's operation of the Site other than damage or injury caused solely by the negligence of the County. ARTICLE 14 14.01 Dama~e or Destruction of Premises. If the leased Site is partially damaged, but not rendered unusable for the purposes of this Lease, the same shall be repaired with due diligence by the Lessee at its cost and expense, and for the period of the Lessee's business interruption a pro-rata adjustment shall be made. ARTICLE 15 15.01 In~ress and Eeress. Subject to the rules, regulations, statutes, and ordinances governing the use of the Site, Lessee, his agents, servants, patrons and invitees, and his suppliers of service and furnisher of materials, shall have the right of ingress and egress to and from the Site. ARTICLE 16 16.01 Insurance. The Lessee shall maintain the following insurance during the term of this Lease: -6- '-" ~ A. Workmen's Compensation and Employer's Liability Insurance Workers' Compensation Insurance shall provide for the limits required by law. The Employer's Liability shall be for a limit of no less than five hundred thousand and no/1 00 dollars ($500,000). If Lessee, his partners, or officers request a waiver of exemption under Florida law, Lessee agrees to provide full disclosure of this waiver to the County and the County shall have the right to reject Lessee's waiver of exemption. B. Marine Liability Insurance Lessee shall provide Protection and Indemnity Insurance written on an occurrence basis, including third party liability, Crew Liability, Commercial Passenger Liability and USL&HW, for a limit of no less than One million and 00/100 dollars ($1,000,000.00) per occurrence, combined single limits for bodily injury, illness and property damage. The County shall be named as an additional insured under all of the above policies. C. General Liabilitv Insurance Lessee shall provide Commercial General Liability insurance written on an occurrence basis, including product liability/completed operations, contractual liability, for a limit of no less than one million dollars ($1,000,000) combined single limit for bodily injury, illness and property damage. The County shall be named as an additional insured under all of the above policies. The insurance required shall include those classifications as listed in Standard Liability and Marine Liability Insurance Manuals, \vhich most nearly reflect the operations of the Lessee under this Lease. All insurance policies required under this Lease shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: All insurance policies shall be written with companies licensed and authorized to write business in the State of Florida and shall be in accordance with the latest edition of Best's Key Rating Guide, published by A.M. Best Company; having a rating of A or better and a financial rating of X or better. The Lessee shall furnish Certificates of Insurance to the County at lease fifteen (15) days prior to the commencement of operations, which Certificates shall clearly indicate that the Lessee has obtained insurance in the type, amount and classifications as required for strict compliance with the tenns of this Lease and clearly that the County has been named as an additional named insured where applicable. The County reserves the right to reasonably amend the insurance requirements by the issuance of notice in writing to the Lessee. -7- v 'wi Article 17 17.01 Termination bv Countv. A. The County may terminate this Lease without notice upon the occurrence of any of the following events. 1. Institution of proceedings in voluntary bankruptcy by the Lessee. 2. Institution of proceedings in involuntary bankruptcy against the Lessee if such proceedings continue for a period ninety (90) days. 3. Assignment by Lessee for the benefit of creditors. 4. Abandonment by Lessee of, and discontinuance of operations hereunder. 5. Failure to maintain required insurance 6. If the Lessee fails to pass a St. Lucie County Health Department health/sanitation inspection, Lessee shall remedy the violation within a fourteen (14)day period or this Lease shall terminate automatically as to the Site in violation. 7. If the Lessee fails to pass a marine safety inspection, Lessee shall remedy the violation within a seven (7) day period or this Lease shall terminate automatically as to the Site in violation. B. The County shall have the right, after seven (7) calendar days written notice sent by registered or certified mail to the Lessee specifying the amount of payment(s) in default, to terminate this Lease whenever the nonpayment of any sum or sums due hereunder continues for a period often (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if Lessee makes the required payment(s) during the seven (7) calendar days period following receipt of the written notice. Each such notice shall be deemed delivered (a) on the date delivered ifby personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. C. The County shall have the right to terminate this Lease after thirty (30) days written notice sent by registered or certified mail to the lessee, of the occurrence of one or more of the following, unless the same shall have been corrected within such period. A. Nonperformance of any covenant of this Lease and failure of the Lessee to remedy such breach. -8- ~ 'wi B. The conduct of any business or the merchandising of any product of service not specifically authorized herein. Each such notice shall be deemed delivered (a) on the date delivered ifby personal delivery. (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 17.02 Termination bv Lessee. Lessee shall have the right upon thirty (30) calendar days written notice to the County to tenninate this Lease at any time after the occurrence of one or more of the following events: A. Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the Site for commercial purposes. and the remaining in force of said injunction for more than ninety (90) calendar days. B. A breach by the County of any of the tenns, covenants. or conditions contained in this Lease and the failure of the County to remedy such breach for sixty (60) calendar days after receipt of written notice sent by registered or certified mail from the Lessee of the existence of such breach. 17.03 Termination without Cause. Either party may tenninate this Lease without cause upon ninety (90) days prior written notice to the other party. ARTICLE 18 18.01 Non-Discrimination. A. That Lessee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the grounds of race, color. national origin, or sex shall be excluded from participation in, be denied the benefits of. or be othef\Vise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin. or sex shall be excluded from participation in. be denied the benefits of, or othef\Vise be subjected to discrimination. 3. That the Lessee shall use the Site in compliance with all other requirements imposed by or pursuant to Title 45. code of Federal Regulations, Article 80. Nondiscrimination under programs receiving Federal Assistance. -9- ~ ~ B. That in the event of breach of any of the above nondiscrimination covenants, the County shall have the right to terminate the concession and to re-enter and repossess the Site thereon and hold the same as if said concession had never been made or issued. C. Lessee shall not discriminate against any employees or applicants for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. ARTICLE 19 19.01 Rules and Re~ulations. The Lessee will observe, obey and comply with all rules and regulations adopted by the County and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to Lessee's operations under this Lease. ARTICLE 20 20.01 Pavment ofObli~ations. Lessee shall pay all taxes and other costs lawfully assessed against its leasehold interest in the leased Site, its improvements and its operations under the Lease provided, however, that Lessee shall not be deemed to be in default of its obligations under this Lease for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity of such taxes. ARTICLE 21 21.01 Availabilitv of Lessee's Records. Lessee shall make available to the County's Auditors anytime from Monday through Friday, inclusive, between the hours of9:00 a.m. and 5:00 p.m. all books of account, reports, records, and other pertinent information relating to Lessee's Operations as may be required for audit purposes hereunder, as determined by the County. ARTICLE 22 22.01 Inspection bv Countv. The County may make periodic inspections of all of the leased premises and equipment to determine if such are being maintained in a neat and orderly condition. The Lessee shall be required to make any improvements in cleaning or maintenance methods required by the County. Such periodic inspections may also be made to determine whether the Lessee is operating in compliance with the terms and provisions of this Lease. -10- '-' ..." ARTICLE 23 23.01 Facilitv Repairs. Alterations and Additions bv the County. The County shall have the absolute right, without limitations to make any repairs, alterations, and additions to any structures and facilities at the Site, including any facilities which maybe leased under this Lease, free from any and all liability to the Lessee for loss of business or damages of any nature whatsoever, except pro-rata rental adjustments as set forth in Article 14.01, during the making of such repairs, alterations, and additions. ARTICLE 24 24.01 Termination of Contract. The Lessee, within seventy-two (72) hours following the termination of this Lease, shall forthwith remove all of its personal property not acquired by the County under the terms of this Lease. Personal property as defined herein shall not include any fixtures, equipment and improvements permanently affixed. Any personal property of Lessee not removed in accordance with this Article may be removed by the County for storage at the cost of Lessee or shall constitute a gratuitous transfer of title thereofto the County for whatever disposition is deemed to be in the best interest of the County. The County shall not be liable to Lessee for the safekeeping of Lessee's personal property. Upon termination of this lease and the removal of all personal property by Lessee shall restore the Site to a neat, clean, and habitable condition. ARTICLE 25 25.10 Indul~ence Not Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Lease shall not be deemed to constitute a waiver of the provision of any portion of this Lease at either the time the breach or failure occurs or anytime throughout the term of this Lease. ARTICLE 26 26.01 Notices. Any notices submitted or required by this Lease shall be sent by registered or certified mail and addressed to the parties as follows: To the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 -11- '-' \",¡II With a copy to: St. Lucie County Leisure Services Director 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Lessee: Green Seas Environmental Organization International, Inc. 1437 S.E. Co1chester Circle Port St. Lucie, Florida 34952 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. ARTICLE 27 27.01 In terpretation: V en ue. This Lease constitutes the entire agreement betw'een the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Lease may be amended only by written document, properly authorized, executed and deliverable by both parties hereto. This Lease shall be interpreted as a \vhole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Lease, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. Waiver of any breach shall not constitute waiver of any other breach invalidation of any portion of this Lease shall not automatically invalidate the entire Lease. ARTICLE 28 28.01 ATTORNEYS' FEES AND COSTS. In the event of any dispute concerning the terms and conditions ofthis Lease or in the event of any action by any party to this Lease to judicially interpret or enforce this Lease or any provision hereof, or in any dispute arising in any manner from this Lease, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Lessee and its surety or sureties for such fees and costs is joint and several. ARTICLE 29 29.01 CONFLICT OF INTEREST. The Lessee represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required -12- '--' "'" hereunder, as provided for in Section 112.311, Florida Statutes (1997) and as may be amended from time to time. The Lessee further represents that no person having any interest shall be employed for said performance. The Lessee shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance that may influence or appear to influence the Lessee's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Lessee may undertake and request an opinion of the County whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict ofinterest if entered by the Lessee. The County agrees to notify the Lessee of its opinion by certified mail within thirty (30) days of receipt of notification by the Lessee. If, in the opinion ofthe County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Lessee, the County shall so state in the notification and the Lessee shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the under the terms of this Lease. ARTICLE 30 30.01 MEDIATION. In the event of a dispute between the parties in connection with this Lease, the parties agree to submit the disputed issue or issues to a mediator for non binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. IN \VITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their appropriate officials, of the date first above written. ATTEST: BOARD OF COUNTY COl\llvIISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -13- WITNESSES: -14ft- ,-,t'O ~ C:l.clvJV g: \alty\/(illherineILSE-GreenSeas "'" "" GREEN SEAS ENVIRONMENTAL o TIONINTERNÄ AL,INC. -14- Title <£ >' , ,. ~"'¿""íß-.r. ~ ..",. ) IRIN Parking Area \ Site Usage Includes: Concession Hut Parking Area (nonexclusive) Dock . If.. r a ^ ~- --- '-" """ ITEM NO. G.J.t--C-i DATE: 10/10/2000 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Interim Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Approval of the contract with The Country Store Sub Shop to provide concessions for Lawnwood Recreation Complex, St. Lucie County Civic Center and South County Regional Football/Soccer Stadium. BACKGROUND: On August 22, 2000, the Board directed staff to negotiate a contract with The Country Store Sub Shop (the top ranked proposer) to provide concessionaire services for County facilities. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commission approve The Country Store Sub Shop's contract with the County and authorize the Chairman to sign. COMMISSION ACTION: NCE: (OJ APPROVED [] DENIED [ ] OTHER: " " Coordination/Siqnatures \ .r., , -.j County Attorney: A : Originating Dept: \ r(( Finance: (Check for Copy only, if Applicable) Mgt. & Budget: Purchasing Mgr.: Other: Other: Eft. 1/97 H,\Agenda Request CountryStorelO.10.OO.wpd -- '-" "'" CONCESSION LEASE AGREEMENT ARTICLE 1 1.01 Term: St. Lucie County, a political subdivision ofthe State of Florida (the "County") hereby leases to THE COUNTRY STORE SUB SHOP (the "Concessionaire") for a term offive (5) years, beginning on October 1,2000, hereinafter referred to as the "date of execution," the Sites hereof for the operation of food and beverage concessions (the "Concessions"). The County, at its option, reserves the right to extend the term for an additional five (5) years. ARTICLE 2 2.01 Option to Renew Provided that there has been no default of this Agreement and upon mutual written agreement of the parties, the term of this Agreement may be extended an additional term of five years on the same tenns and conditions as stated herein, and as this Agreement may be amended from time to time. In order to exercise this option to extend, the Concessionaire must give the County written notice six months prior to the termination of the initial term. 2.02 Sites: Authorized Concession A. This Agreement is exclusive only to the St. Lucie County Civic Center, Lawnwood Complex and the South County Regional Football/Soccer Stadium hereinafter referred to as the Sites. Nothing contained in this Agreement shall preclude the County from charging parking, admission or other fees from facility patrons. B. The County further reserves the right to require the Concessionaire to cease operations during the operation of the sites for the events described below: 1. Religious organizations holding services or fund raising events 2. Not for profit civic and community organizations 3. High School Graduations 4. County internal use 5. Programs for school children during the school day 6. Private social events (Ex: weddings, class reunions, family affairs). Note: The lessee may choose to contract with the concessionaire, however, this agreement would be voluntary and would not involve the County. C. The Concessionaire agrees to honor any agreements entered into by the County which gives a vendor or entity the exclusive right to provide goods or services at the Sites. -1- ~ "-" D. The Concessionaire agrees that the County has the right to enter into separate agreements with Mark Liro, Italian Ice and Dan the Pretzel Man to sell their specific product at the South County Regional Football/Soccer Stadium. ARTICLE 3 3.01 Percenta~e Fees: During the tenn of this Agreement, the Concessionaire shall pay to the County fifty percent (50%) of the monthly Net Receipts from Concessions. Such payment shall be made by the twentieth (20th)day of the month following the month during which the Net Receipts were earned. 3.02 Net Receipts: The tenn Net Receipts as used in this Agreement means all monies paid or payable to or consideration of detenninable value received by the Concessionaire for sales made, transactions had or for services rendered, in the operation ofthe Concessions at the Sites, regardless of when or where the order therefor is received, or the goods delivered, or services rendered, whether paid or unpaid, whether on a cash or credit basis or in consideration of any other thing of value less the actual cost of goods delivered; provided, however, that any taxes imposed by law which are separately stated to and paid by a customer and directly payable by the Concessionaire to a taxing authority and sales refunds shall be excluded therefrom. 3.03 Sales Tax: The Concessionaire shall be liable for the prevailing State of Florida Sales and Use Tax (currently at the rate of6.5%) on the amounts payable to the County under this Agreement. 3.04 Utility Char~es: The County shall provide for water, sewer, electricity, trash and garbage removal services at its sole cost. 3.05 Payment of Fees: The Concessionaire shall pay all revenues, fees, and charges, and submit all reports required by this Agreement to the following: Department of Leisure Services 2300 Virginia Avenue Fort Pierce, Florida 34982 In the event Concessionaire fails to pay any of the revenues, fees, or charges as required to be paid under the provisions of this Agreement within thirty (30) days after same shall become due, interest at the rate of one percent (1 %) per month shall accrue against the delinquent payment(s) until same are paid. Implementation ofthis provision shall not preclude the County from tenninating this Agreement for default in the payment of revenues, fees, or charges, or from enforcing any other provisions contained herein. 3.06 Reports and Records: A. The Concessionaire shall maintain during the tenn of this Agreement all books of account, reports, and records customarily used in this type of operation and such -2- '-'" '-" records as are necessary to document its activities pursuant to this Agreement and all monies collected hereunder, not limited to Net Receipts. The form of all such records and reports shall be subject to the approval of the County Administrator or his designee prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. B. On or before the twentieth (20th) day following the end of each calendar month throughout the term of this Agreement, the Concessionaire shall furnish to the County Administrator or his designee a report of Net Receipts during the preceding calendar month, on forms approved by the County Administrator or his designee. This report shall be signed by the Concessionaire certifying to the accuracy of such Net Receipts. C. Concessionaire shall submit to the County Administrator or his designee at its own expense, within sixty (60) days following each twelve (12) month period of operation under this Agreement, a certified report prepared and attested to by an independent Certified Public Accountant, as to the correct Net Receipts per month arising from the Concessionaire's operations under this Agreement, prepared in conformance with the American Institute of Certified Public Accountant's requirements for "Special Reports". The report due under this Article shall, for the first reporting period, cover the period ending twelve months from the Date of Execution, plus the balance ofthe number of days necessary to have the period end on the last day of a month in the event this Agreement is not executed on the first day of a month. D. The Concessionaire shall allow the County Administrator or his designee or the auditors of the County to inspect all or part of the compilation procedures for the aforesaid monthly reports. Said inspection is at the sole discretion of the County Administrator or his designee. E. Prior to the commencement of the operations under this Agreement, the Concessionaire shall secure in writing, from the County Administrator or his designee, approval of any and all recording machines, or records, such as but not limited to, cash registers, tapes, books, ledgers, journals, sales slips, and invoices, installed or used for recording the operations of the Concessionaire under this Agreement. F. All records of the Concessionaire necessary to verify the report set forth herein shall be available to the County Administrator or his designee and the County's auditors at a reasonable location in St. Lucie County, Florida, for a period of five (5) years after the end of any Agreement year. ARTICLE 4 4.01 Advertisement: Concessionaire may not advertise on County property except for a plain lettered sign appropriate for each Site to be approved, in writing, by the County Administrator or his -3 - '-" "'" designee. Concessionaire may post a menu. Concessionaire shall post the address and phone number of the Concessionaire in a conspicuous place. 4.02 Approvals: The Concessionaire agrees that it will obtain prior written approval from the County Administrator or his designee in all of the following matters: A. Changes from originally approved specifications, signage, menus, and graphics. B. Equipment Concessionaire plans to install requiring any modifications. C. Food and beverages to be sold and their respective prices. The Concessionaire shall retain the prices currently charged for the first six months of this Agreement. The County agrees that the Concessionaire may increase their price to reflect any price increase in goods or services from a vendor or entity that has the exclusive right to provide goods or services at the Site including but not limited to the County's Pouring Rights Agreement with the Pepsi Cola Group. Further, it is understood by the Concessionaire that should any of the above items be disapproved, Concessionaire will offer alternative solutions. The County Administrator or his designee shall be allowed five (5) days to reach a decision in any of the above matters and failure to do so within such period shall constitute approval. Concessionaire shall provide the County Administrator or his designee with two copies of any new menus or other sale or rental items with suggested prices prior to use. 4.03 Approval ofChan~e: The County Administrator or his designee reserves the right with stated just cause to require the Concessionaire to change within a stated time any and all items contained in Article 4.02 of this Agreement it deems in need of change, despite previous approval of same. 4.04 Public Contact of Concessionaire's Emplovees: Concessionaire's employees in contact with the public shall perfonn their duties in an efficient and courteous manner. Failure of an employee to do so shall be grounds for the County Administrator or his designee to demand his or her removal from duties in the Concession. All employees, with the exception of the facility manager and assistant manager, shall be distinctively unifonned or appropriately attired so as to be distinguishable as the Concessionaire's employees. 4.05 Hours of Operation: The Leisure Services Director or designee shall supply the Concessionaire with a schedule of events and identify the ones that the Concessionaire will open for. The County Administrator or his designee may require a change in days and hours of operation if, in the discretion ofthe County Administrator or his designee, such a change is desirable in providing the best service to the public. -4- '-' ~ 4.06 Qualitv of Concessionaire's Services: A. The Concessionaire shall conduct its operation in an orderly manner so as not to annoy, disturb, or be offensive to customers, patrons, or others in the immediate vicinity of such operations. B. The Concessionaire shall control the conduct, demeanor, and appearance of its officers, members, employees, agents, representatives, customers and patrons, and upon objection of the County Administrator or his designee concerning the conduct, demeanor, or appearance of any such person, Concessionaire shall immediately take all necessary steps to correct the cause of such objection. C. Concessionaire shall take good care of the Sites, shall use the same in a careful manner and shall, at its own cost and expense, keep and maintain the same in constant good and substantial condition and repair, and upon the expiration of this Agreement, or its termination in any manner, shall deliver said Sites to the County in no worse condition than the same was at the commencement of this Agreement, loss by fire or other casualty and ordinary wear and tear only exceptions. D. Concessionaire shall furnish good, prompt, and efficient service, adequate to meet all reasonable demands therefore. E. Concessionaire shall serve only the best quality food obtainable for the type of menu being offered. F. The Concessionaire will meet monthly with the Special Facilities Manager, Recreation Manager, Civic Center Coordinator and Recreation Coordinator to review operations, resolve problems and plan for future events. G. The Concessionaire shall retain the prices currently charged for the first six months of this Agreement ARTICLE 5 5.01 Assienrnent. Sublettin2 and Successors in Interest: Concessionaire shall not assign or sub- lease the Site in whole or any part, this Agreement and Concession Agreement to any other persons or firm without first obtaining the County Administrator or his designee's written approval. It is understood and agreed that all covenants, conditions" agreements and undertakings contained in this Agreement shall extend to and be binding on the respective successors and assignees as well as sub-lessees accepted by the County. -5- ~ .....,¡ ARTICLE 6 6.01 Alcoholic Beveraees: Concessionaire may sell alcoholic beverages at concerts, festivals and any event that is adult-oriented. The County shall retain possession of the alcoholic beverage pennit and the Concessionaire shall reimburse the County for any pennit fee. ARTICLE 7 7.01 Structures and Improvements: The Concessionaire shall not construct or place nor cause to be constructed or placed, any structure or other improvements at the Sites without the express written approval of the County Administrator or his designee. 7.02 Equipment Installed bv Concessionaire: A. All equipment, furnishing, signing, and advertising installed by the Concessionaire shall be in keeping with the appropriate standards of decor at the facilities and must be approved by the County Administrator or his designee prior to installation. The Concessionaire shall not install, remove, or replace the equipment or furnishings, and improvements which the County Administrator or his designee may approve from time to time, Concessionaire shall provide to the County a certified statement by an independent Certified Public Accountant setting forth the cost of such equipment, furnishings or improvements and the date upon which the installation of such equipment, furnishings, and improvements was completed, B. Concessionaire agrees that all equipment" furnishings, and improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes. C. Concessionaire shall not alter or modify any portion of facilities, the leased premises or the improvements constructed therein without first obtaining \vritten approval from the County Administrator or his designee. D. Concessionaire shall not sell, convey, mortgage, pledge, or otherwise dispose of any of the equipment or furnishings installed on the leased premises without prior written consent of the County Administrator or his designee. E. Concessionaire agrees to operate the concession at the South County Regional Football/Soccer Stadium from a trailer or similar equipment until such time as the concession area at the South County Regional Football/Soccer Stadium is ready. When the South County Regional Football/Soccer Stadium concession is ready for installation of equipment, Concessionaire agrees to install all the necessary equipment to operate the concession at the South County Regional Football/Soccer Stadium. The installation of equipment shall be in compliance with this Agreement. Upon tennination ofthis Agreement, Concessionaire shall be allowed to remove the -6- ~ "'-" equipment Concessionaire installed at the site, provided that such removal does not damage the South County Regional Football/Soccer Stadium. ARTICLE 8 8.01 Maintenance Responsibilities of Concessionaire: A. Appearance of the Sites: Concessionaire shall, at its sole cost and expense, keep and maintain the Sites in a first-class condition during the term of this Agreement and any extensions thereof. B. Concessionaire shall provide, at his own expense: (1) All janitorial services and all other interior maintenance. (2) Pest control within and around 20 feet of the operational areas at the Sites except at the Civic Center. (3) Garbage removal service from Concession locations to the property's designated disposal site. 8.02 Dama~es: Concessionaire shall repair all damage to the leased or non-leased portions of the site caused by the Concessionaire, its employees, agents, or independent contractors. ARTICLE 9 9.01 Ouiet Eniovrnent of Leased Propertv: The County covenants and agrees that so long as no default exists in the performance of Concessionaire's covenants and agreements contained herein, Concessionaire shall peaceably and quietly hold and enjoy the Agreement Sites and all parts thereof free from eviction or disturbance by the County or any persons claiming under, by or through the County. ARTICLE 10 10.01 Indemnification: Concessionaire does hereby agree and covenants to defend fully, protect, indemnify and hold harmless the County from and against each and every claim, demand or cause of action and any and all liability, cost, expense (including but not limited to reasonable attorneys' fees, costs and expenses incurred in defense of the County, even if incident to appellate, post- judgment or bankruptcy proceedings), damages or loss in connection therewith, which may be made or asserted by the Concessionaire, the Concessionaire's employees or agents, invitees or any third parties (including but not limited to the County) on account of personal inj ury, death, damage or property damage caused by, arising out of or in any way incidental to or in connection with the Concessionaire's operation of the Sites. At the election of the County, Concessionaire shall contest and defend the County against any such claims of liability against the County. The County shall in any event, have the right, through counsel of its choice, to control the defense or response to any -7- ~ ~ such claim to the extent it could affect the County financially. Only those matters which are determined by a final, nonappealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Concessionaire shall be excluded from the Concessionaire's duty to indemnify the County, but only to the extent of negligence of the County or such third party. For the purpose of this section, the term "County" shall be deemed to include the Board of County Commissioners and its agents, employees and affiliates. For purposes ofthis indemnification, "claims" shall mean and include all obligations, actual and consequential damages and costs reasonably incurred in the defense of any claim against the County, including, but not limited to attorneys' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The County shall have the right to defend any such claim against it in such manner as the County deems appropriate or desirable in its sole discretion. The parties acknowledge that the consideration for this indemnification agreement is included in the consideration for the concession agreement. ARTICLE 11 11.01 Liabilitv for Dama~e or Iniurv: The County shall not be liable for any damage or injury which may be sustained by any party or persons on the leased premises or connected in any way with the Concessionaire's operation of the Concession other than damage or injury caused solely by the negligence of the County. ARTICLE 12 12.01 Dama~e or Destruction of Premises: If the Sites are partially damaged, but not rendered unusable for the purposes of this Agreement, the same shall be repaired with due diligence by the County from proceeds of the insurance coverage and/or at its own cost and expense, and a pro-rata adjustment of the percentage fees hereunder for the period of the Concessionaire's business interruption, if any, shall be made. ARTICLE 13 13.01 In~ress and E~ress: Subject to the rules, regulations, statutes, and ordinances governing the use of the facilities, Concessionaire, his agents, servants, patrons and invitees, and his suppliers of service and furnisher of materials, shall have the right of ingress and egress to and from the Sites. ARTICLE 14 14.01 Insurance and Licenses: The Concessionaire shall maintain the following insurance and licenses during the term of this Agreement. A. The Concessionaire shall maintain a food handlers license. B. Workmen's Compensation and Employer's Liability Insurance- Worker's Compensation Insurance shall provide for the limits required by Chapter 440, Florida Statutes (1993), and as may be amended from time to time. The Employer's Liability shall be for a limit of no less than one million dollars ($1.000,000.00). If -8- '-' '..." Concessionaire, their partners, or officers request a waiver of exemption under Section 440.04, Florida Statutes (1999), and as may be amended from time to time, Concessionaire agrees to provide full disclosure ofthis waiver to the County and the County shall have the right to reject Concessionaire's waiver of exemption. C. General Liability Insurance - Concessionaire shall provide Commercial General Liability Insurance written on an occurrence basis, including product liabilitylcompleted operations, contractual liability, fire legal liability for a limit of at least one Million and nolI 00 dollars ($1,000,000.00), combined single limit for bodily injury, illness and property damage. Concessionaire shall also provide Coverage B (Personal Injury), written at a sub-limit of at least One Hundred Thousand and nolI 00 dollars and Coverage C (Medical Payments) of at least Five Thousand and nolI 00 dollars ($5,000.00) per person and Twenty Five Thousand and nolI 00 dollars ($25,000.00) per occurrence. Concessionaire shall also provide liquor law liability for a limit of not less than three hundred thousand and no/IOO dollars for coverage at the Sites where liquor or beer and wine is sold. The County shall be named as an additional named insured under all of the above policies. D. Commercial Automobile Liability - The Concessionaire shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. E. The County shall maintain and keep in force property insurance on the Sites. Concessionaire shall be responsible for keeping in force fire and extended coverage on all their own contents, improvements and betterments. The insurance required shall include those classifications as listed in Standard Liability Insurance Manuals, which most nearly reflect the operations of the Concessionaire under this Agreement. All insurance policies and surety bonds required under this Agreement shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: The company must be no less than "A" as to general policy holders rating, and no less than "VI" as to financial rating, in accordance with the latest edition of Best's Key Rating Guide, published by A.M. Best Company, Inc. The Concessionaire shall furnish Certificates of Insurance and copies of licenses to the County Administrator or his designee at least fifteen (15) days prior to the commencement of operations, which Certificates shall clearly indicate that the Concessionaire has obtained insurance and licenses in the type, amount and classifications as required for strict compliance with the terms -9- ~ '-' of this Agreement and clearly indicates that the County has been named as an additional named insured. The County Administrator or his designee reserves the right to reasonably amend the insurance requirements by the issuance of notice in writing to the Concessionaire. ARTICLE 16 16.01 Termination bv County: A. The County may terminate this Agreement without notice upon the occurrence of any of the following events: 1. Institution of proceedings in voluntary bankruptcy by the Concessionaire. 2. Institution of proceedings in involuntary bankruptcy against the Concessionaire if such proceedings continue for a period ninety (90) days. 3. Assignment by Concessionaire for the benefit of creditors. 4. Abandonment by Concessionaire of, and discontinuance of operations hereunder. 5. The discovery of any misstatement in the "Request for Proposals" which, in the sole opinion of the County Administrator or his designee materially affects the Concessionaire's qualifications to perfonn under this Agreement. B. If the Concessionaire fails to pass a St. Lucie County Health Department health/sanitation inspection, Concessionaire shall remedy the violation within a fourteen (14) day period or this Agreement shall terminate automatically. C. The County shall have the right to terminate this Agreement after thirty (30) days written notice sent by registered or certified mail to the Concessionaire, of the occurrence of one or more of the following, unless the same shall have been corrected within such period: 1. Non-performance of any covenant of this Agreement and failure of the Concessionaire to remedy such breach. 2. The conduct of any business or the merchandising of any product of service not specifically authorized herein. D. If the Concessionaire fails to pay any sum or sums due under this Agreement for a period often (10) days after the due date, the County shall have the right, after seven calendar days additional written notice sent by registered or certified mail to the -10- ~ "'wI' Concessionaire specifying the amount of payment(s) in default, to tenninate this Agreement; provided, however, that such tennination shall not be effective if Concessionaire makes the required payment( s) during the seven calendar day period following receipt of the written notice. 16.02 Termination by Concessionaire: A. Concessionaire shall have the right upon thirty (30) calendar days written notice to the County to terminate this Agreement at any time after the occurrence of one or more of the following events: 1. Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the facilities for commercial purposes, and the remaining in force of said injunction for a period of more than ninety (90) calendar days. 2. A breach by the County of any of the tenns, covenants, or conditions contained in this Agreement and the failure of the County to remedy such breach for a period of sixty (60) calendar days after receipt of written notice sent by registered or certified mail from the Concessionaire of the existence of such breach. 16.03 Termination withou t Cause: Either party may tenninate this Agreement without cause upon ninety (90) days prior written notice to the other party. ARTICLE 17 17.01 Non-Discrimination: A. That Concessionaire for itself, its personal representatives, successors in interest, and assigns, was a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. 3. That the Concessionaire shall use the Sites in compliance with all other requirements imposed by Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, -11- '-" '.., Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of breach of any of the above non-discrimination covenants, the County shall have the right to terminate the concession and to re-enter and repossess the Site thereon and hold the same as if said concession has never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. Concessionaire shall not discriminate against any employees or applicants for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap( except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. ARTICLE 18 18.01 Rules and Re~ulations: The Concessionaire will observe, obey and comply with all rules and regulations adopted by the County and all laws, ordinances land/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to Concessionaire's operations under this Agreement. ARTICLE 19 19.01 Payment ofObli~ations: Concessionaire shall pay all taxes and other costs la\vfully assessed against its interest in the Sites, its improvements and its operations under the Agreement provided, however, that Concessionaire shall not be deemed to be in default of its obligations under this Agreement for failure to pay such taxes pending the outcome of any legal proceeding instituted to determine the validity of such taxes. ARTICLE 20 20.01 Availabilitv of Concessionaire's Records: Concessionaire shall make available to the County Administrator or his designee and/or the County's Auditors at any time from Monday through Friday, inclusive, between the hours of 9:00 a.m. and 5:00 p.m. all books of account, reports, records, and other pertinent information relating to Concessionaire's Operations as may be required for audit purposes hereunder, as determined by the County Administrator or his designee and/or the County Auditors. ARTICLE 21 21.01 Inspection by County: The County Administrator or his designee may make periodic inspections of all of the leased premises and equipment to determine if such are being maintained -12 - '-" '-' in a neat and orderly condition. The Concessionaire shall be required to make any improvements in cleaning or maintenance methods required by the County Administrator or his designee. Such periodic inspections may also be made to determine whether the Concessionaire is operating in compliance with the terms and provisions of this Agreement. ARTICLE 22 22.01 Facility Repairs. Alterations and Additions by the County: The County shall have the absolute right, without limitations to make any repairs, alterations, and additions to any structures and facilities at the concession, including any facilities leased under this Agreement, free from any and all liability to the Concessionaire for loss of business or damages of any nature whatsoever, except for pro-rata rental adjustments as set forth in Article 14.01, during the making of such repairs, alterations, and additions. ARTICLE 23 23.01 Termination of Contract: The Concessionaire, within seventy-two (72) hours following the termination of this Agreement, shall forthwith remove all of its personal property not acquired under the terms of this Agreement and the original proposal. Any personal property of Concessionaire not removed in accordance with this Article may be removed by the County Administrator or his designee for storage at the cost of Concessionaire or shall constitute a gratuitous transfer of title thereof to the County for whatever disposition is deemed to be in the best interest of the County. The County shall not be liable to Concessionaire for the safekeeping of Concessionaire's personal property. It is the intention of the parties to this Agreement that all fixtures, furnishings, and equipment purchased or leased by Concessionaire, except those permanently affixed to buildings, as defined under the laws of the State of Florid a, shall be and will always remain, the personal property of the Concessionaire. Upon termination of this Agreement and the removal of all personal property by Concessionaire, the Concessionaire shall restore said premises to a neat, clean, and habitable condition. ARTICLE 24 24.01 Indul~ence not 'Vaiver: The indulgence of either party with regard to any breach or failure to perform any provisions of this Agreement shall not be deemed to constitute a waiver of the provisions of any portion of this Agreement wither at the time the breach or failure occurs or at any time throughout the term of this Agreement. ARTICLE 25 25.01 Notices: Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: -13- '" ~ To the County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 and St. Lucie County Leisure Services Director 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Concessionaire: The Country Store Sub Shop 5420 Orange Avenue Fort Pierce, Florida 34950 or to such other addresses as either party may designate in writing. ARTICLE 26 26.01 Interpretation ~ V en ue: This Agreement constitutes the entire agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and deliverable by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie county, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. ARTICLE 27 27.01 Concessionaire Responsibilitv: The Concessionaire or his subcontractors are independent contractor and are not employees or agents of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Concessionaire, its employees, agents, subcontractors, or assigns, during or after the perfonnance of this Agreement. The Concessionaire shall take the whole responsibility for the means, methods, techniques, sequences and production of the works. ARTICLE 28 28.01 Conflict oflnterest: The Concessionaire represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required hereunder, as provided for in Section 112.311, Florida Statutes -14- '" ..." (1997) and as may be amended from time to time. The Concessionaire further represents that no person having any interest shall be employed for said performance. The Concessionaire shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Concessionaire's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Concessionaire may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Concessionaire. The County agrees to notify the Concessionaire of its opinion by certified mail within thirty (30) days of receipt of notification by the Concessionaire. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Concessionaire, the County shall so state in the notification and the Concessionaire shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Concessionaire under the terms of this Agreement. ARTICLE 29 29.01 Dispute Resolution: Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Concessionaire and the County or its project manager. At all times, the Concessionaire shall carry on the work and maintain its progress schedule in accordance with the requirements ofthe Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. ARTICLE 30 30.01 Mediation: Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ARTICLE 31 31.01 Attorney's Fees and Costs: In the event of any dispute concerning the terms and conditions ofthis Agreement or in the event of any action by any party to this Agreement to judicially interpret -15- - ~ ....", or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, subject to the provisions of Section 768.28, Florida Statutes and in no way altering the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Concessionaire and its surety or sureties for such fees and costs is joint and several. IN WITNESS 'VHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, of the date first above written. ATTEST: BOARD OF COUNTY CO~I1"nSSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRl"IAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTO&~EY \VITNESSES: 2j:Ò4RaÆ: SUB SHOP A ~() / (u{l.¡4-- I Print bOð-f e,.;, ,e)( Title Pre~ G:\A 7TYlKA THERIMConlraClsICONCLSE. wpd -16- ~. AGENDA REQUEST ~EM NO. C- If.D DATE: 10-10-00 REGULAR [] PUBLIC HEARING [ CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh, Interim Director SUBMITTED BY(DEPT): Leisure Services SUBJECT: Savannas Recreation Area/City of Fort pierce FRDAP grant BACKGROUND: Staff has been working with the City of Fort Pierce in the completion of a FRDAP grant application for the Savannas Recreation Area to accompany the grant application St. Lucie County has submitted. Staff was requested to locate possible sources for the required match and identified $30,000 in Investment for the Future funds already programmed for the Savannas. This amount would allow the city to apply for a grant of $90,000 bringing the total project to $120,000. Should this grant application be rejected, these funds would remain available for other improvements or could be used as matching funds for other grant opportunities. It is also necessary to enter into a formal agreement with the city in order to establish each parties responsibilities. This is similar to the agreement between the city of Port St. Lucie and the county for grants received for the South Regional Football/Soccer Stadium. PREVIOUS ACTION: The Board granted permission to submit the county's application on October 3, 2000. FUNDS AVAILABLE: 316.7240. 562000 and 563000.7650 (County Capital, Savannas Recreation Area, Building Improvements and Improvements other than Buildings) RECOMMENDATION: Staff requests authorization to use $30,000 from existing Investment for the Future funding as match for the City of Fort pierce's grant application to FRDAP. Authorize the Chairman to sign an interlocal agreement with city of Fort Pierce. COMMISSION ACTION: [ X ] [ ] APPROVED OTHER: DENIED NCE: u las M. Anderson Co nty Administrator '} c='y '''o=oy' j~ Originating Dept.· ./ ( ~ Review and Approvals Management &: BUd9~/Ì}r!:f Purchasing: Other: Other: Finance: (Check for Copy only, if applicable)___ :\.......- \..; ~ MEMORANDUM TO: Board of County Commissioners FROM: Pete Keogh, Interim Leisure Services Director DATE: October 5, 2000 SUBJECT: City of Fort Pierce-FRDAP grant application for the Savannas Recreation Area ================================================================= As stated on the agenda request, staff is attempting to maximize the amount of grant funding for the Savannas Recreation Area by requesting that the city of Fort Pierce apply for a FRDAP grant in addition to St. Lucie County. The process and criteria are the same for the city as the ones the County had to meet, however, a different set of projects are being included in the city's application. This memo will identify those projects and other aspects of the city's application. The total project cost for this application is $120,000 which includes the requested $30,000 match the Board is asked to provide and $90,000 in grant funding. The focus of projects for this application was the "day user", who by and large are county residents. Specifically, the items included are renovation of the observation tower and trails, replacement of bridges connecting to the trails, new playground equipment, canoe storage, creation of a separate picnic area for non-campers and day use parking. Additionally, the County will enter into an agreement with the city of Fort Pierce, similar to the agreement signed with the city of Port St. Lucie when both parties applied for FRDAP grants for the South County Regional Football/Soccer stadium. This agreement insures that the city will "disburse" the FRDAP funding to the county within 30 days of receipt. In return, the county agrees to assume responsibility for complying with all FRDAP agreements. With the award of the county's and city's grants, a total of $520,000 will be available for improvements. Long overdue repairs to support facilities and recreational features will be possible. The area will be more attractive to campers and non-campers and become more of an asset to county residents for their leisure time activities. Savannas R cr ation Area N Tower ... II ,', Ci of Ft. Pierce c ptual Site Plan Existing Grant " " " , ' " " " " " " ;1 " " , I, " Tower UWJ'1tetlonce Bwl01ng Full-Hookup Pump-Out Station Gotehouse Use Lot ~/ ....... ~ '-" "'" AGENDA REQUEST ITEM NO. C - t.-t E DATE: October 10, 2000 CONSENT [X REGULAR PUBLIC HEARING [ ] Leg. [ Quasi-JD. [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Leisure Services Pete Keo2h Interim Director SUBJECT: Authorize the Chair of the Board of County Commissioners to sign a Partnership / Interlocal Agreement and a Sublease with the City of Ft. Pierce for the South Causeway Island Park to facilitate the City's ability to apply for a Florida Recreation Development Assistance Program (FRDAP) grant. BACKGROUND: The Florida Department of Environmental Protection Division of Recreation and Parks is accepting applications for the State's FRDAP grant cycle. Since the County has two active proj ects and is currently applying for funds for the Savannas Recreation Area, the County cannot apply for another grant in this cycle. For that reason, the City has agreed to apply for a FRDAP grant for improvements at the South Causeway Island Park / Smithsonian Exhibit. Since the grant can only fund primary and support facilities for outdoor recreation, the grant will be for the sidewalks, restrooms, parking improvements and other items that benefit visitors to the park. As part of the application and rule requirements, the park development project must be controlled by the City as the grantee. A sublease for the park property will fulfill this requirement and is attached to this agenda. To receive additional points, a partnership agreement between the County and the City is also a requirement and that agreement is also attached. FUNDS AVAIL: The application is for $200,000 and the City has already earmarked a $100,000 for the project and the County has already budgeted $200,000 for the South Causeway Island Park / Smithsonian Exhibit project which will also be a match for this grant. See ATTACHMENT I. PREVIOUS ACTION: There has been no previous action regarding this specific FRDAP grant application. RECOMMENDATION: Staff recommends that the Board authorize the Chairman to sign the sublease with the City of Ft. Pierce and the Partnership Interlocal Agreement with the City of Ft. Pierce. [X ] [ ] APPROVED OTHER: DENIED Purchasing: COMMISSION ACTION: Originating Dept: 7 /q /Mgt & Budget: v'county Attorney: Public Works: Other: . 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I-lEi....t:u ~>t '1:1~U t:................ 000 8=='~~~ 380 8~~ ~~~~~ ~E-tE-tE-t~~ =='....uo uo..o.. >....0 ~................ ~ ~~ ~ tg~~~ ~~ ~~~ ~~~~~ E-t E-tE-t Z z8§§g ~§~ ~8g tn§~O\~ Ë3 ~Ë3 z N (I") 0 N(I") 880 ~ ~~ ~ _N~O\ 8(1")(1") 8\00\ I'-NNNN 0 00 0 (I") Lf) \0\0 0\ \0\0 ~O\ 8\0\0\0\0 _1f'I1f'I1f'I1f'I .-I1f'I1f'I 1f'ILf) 1f'ILf)If'IUî \0 If'I If'I \0 .-I (I") I'- I'- i" '-' ......, , 'i MEM 0 RA N D UM #00-145 FROM: DOUGLAS M. ANDERSON) TO: DAN McINTYRE, COUNTY DATE: AUGUST 4, 2000 ~ECT: SMITHSONIAN MARINE ECOSYSTEM EXHIBIT BUDGET Please find the attached 2000-2001 budget for the above referenced program. The capital budget for this project is $500,000. This includes archeological and engineering services, construction costs and landscaping. DMA/dlt:OO-145 C. Robert Bradshaw, Assistant County Administrator r ~ ......, 'I M #00-193 TO: BOARD OF COUNTY CO FROM: DOUGLAS M. ANDERSON DATE: OCTOBER 4, 2000 SUBJECT: FRDAP GRANTS At Monday evening's Fort Pierce City Commission meeting approval was granted for the City to apply for a $90,000 FRDAP grant for the Savannas Recreation Area improvements. This is in addition to the $200,000 grant that the County is applying for. The City Commission also approved applying for a $200,000 FRDAP grant for the Smithsonian Marine EcoSystem Exhibit. DMA:OO-193 c: The Honorable Ken Pruitt Robert Bradshaw, Assistant County Administrator Pete Keogh, Interim Leisure Services Director Ron Book, Esquire Dan McIntyre, County Attorney ,. Annual Budget - Fiscal 2001 ~ of Ft. Pierœ B.rl;}et Page 55 .....,; . APPROPRIATION DETAIL DIVISION ACCOUNT 001-6000-513 Actual Actual Estimated Proposed 1998 1999 2000 2001 $ 99,019 $ 106,606 $ 95,000 $ 100,000 50,000 86,500 80,000 80,000 15,000 15,000 15,000 40,000 125,000 136,300 85,000 0 0 0 2,500 2,500 1,000 1,000 1,000 1,000 15,000 115,000 15,000 15,000 0 0 0 500,000 0 0 0 100,000 0 ° 60,000 0 0 0 50,000 50,000 145,000 100,000 100,000 100,000 25,000 0 0 0 33,333 33,333 33,334 0 $ 508,352 $ 593,739 $ 536,834 $ 988,500 DEPARTMENT ADMINISTRATIVE Ex enditure Classification GRANTS AND AIDS 8210 Humane Society 8220 Main Street 8230 Chamber of Commerce/EDC 8240 Neighborhood Hsing Svcs 8245 Florida League of Cities 8260 Fireworks 8270 Council on Aging 8280 Sunrise Theatre 8285 Smithsonian Institute 8287 Fort Pierce Tree Board 8290 World Changers 8292 Restoration House 8295 Boys & Girls Club 8296 YMCA Total Grants and Aids NON-OPERA TING EXPENDITURES 9120 Debt Service--City Hall $ 435,006 $ 549,267 $ 550,000 $ 550,000 9130 Debt Service--Refunding Pol 259,009 231,825 565,000 0 9140 Construction Debt Service 536,180 484,336 750,000 0 9150 Capital Improvement 1998 0 329,493 0 590,000 9160 Capital Improve Refund 1999 0 190,420 0 251,000 9170 Marina Fund Transfer 445,000 151,301 0 0 9180 Inter-Govt Rev. Fund Trans 0 108,035 0 0 Total Non-Operating $ 1,675,195 $ 2,044,677 $ 1,865,000 $ 1,391,000 TOTAL APPROPRIATIONS $ 3,883,546 $ 5,384,517 $ 4,278,192 $ 5,470,481 TOTAL GENERAL FUND APPROPRIATIONS $ 21,380,570 $ 23,552,960 $ 23,730,778 $ 26,451,827 " '-' ~ . SOUTH CAUsEWAY ISLAND PARK SUBLEASE . THIS SUBLEASE made and entered into on this_ day of ,2000, by and between St. Lucie County, a political subdivision of the State of Florida, hereinafter called the "County" and City of Fort Pierce, a Florida municipal corporation, hereinafter called the "City". WHEREFORE, County intends to construct, own and operate the South Causeway Island Park (Park), and, WHEREFORE, City desires use of the Park, and. WHEREFORE, County is allowed to sublease the Park to the City. WIT N E SSE T H: That in consideration of the covenants and conditions herein expressed and of the faithful performance of the City of all such conditions, the County does hereby allow the City to use the South Causeway Island Park "Park" located at 414 Seaway Drive, Fort Pierce, Florida. 1. Purpose; Term; Facilities. a) This Sublease shall be for the non-exclusive use of the Park for a t~rm of twenty- five (25) years beginning on October 15, 2000. b) City's use of the Property shall not be exclusive and such Use of the Park by City shall not preclude County or others use of the Park. 2. Use Charge. County shall not charge the City a use charge as payment for the use of the Park, nor shall the City be required to share in any other costs including but not limited to operation, maintenance, debt service or capital improvements of the Park. 3. Concession Rights. a) County reserves for itself or its concessionaire the sole and exclusive right to sell or give away refreshments, beverages, candies, foods, confections, periodicals and other merchandise, and to rent and sell merchandise or other articles and to reasonably control programs and to supervise the contents thereof during the term of this Sublease. The City shall g:\atty\agreemnt\lease\so causeway sublease -1- ~ ....., not engage in or undertake the sale of any of the aforesaid articles or privileges, without the written consent of the County Administrator. J b) Waiver by the County of its exclusive right to the sale or giveaway of any food or merchandise by the City shall be subject to the mutual agreement between the City and the Park General Manager. Such right shall not unreasonably be withheld. 4. Security . a) County reserves the right through its Leisure Services Manager or designee and its representatives to enter any portion of the Park at any time to eject any objectionable persons as determined by the Leisure Services Director or designee from the Park. b) In subleasing the Park to City, County does not relinquish right to control the management thereof and to enforce all necessary and proper rules. The Park including the demised premises shall be at all times under the charge and control of the Leisure Services Director. 5. Property Damage. a) City shall not deface the Park, and shall not cause or permit anything to be done whereby the Park shall be in any manner injured, marred or defaced and will not make or allow to be made any alterations of any kind therein unless approved in writing by the Leisure Services Director or his designee. b) If the Park or any portion thereof during the term of this Sublease shall be damaged beyond reasonable wear and tear by the act, default or negligence of the City or by the City's agents, employees, or invitees, City will pay to the County within forty-fiv (45) days of a valid damage claim being submitted such reasonable sum as shall be necessary to restore the Park to its prior condition. 6. Compliance with Laws. a) City will comply with laws of the United States and Florida and all rules and requirements of the St. Lucie County Fire District. b) City shall obtain and procure all necessary permits and licenses prior to the use of the Park and will not do or suffer to be done anything on the Park during the term of this Agreement in violation of any such laws, ordinances, rules or requirements, and the breach of any such laws, ordinances, rules or requirements shall be considered a breach of this Agreement. The City will be responsible for any negligent acts of its personnel and hold harmless the County and its officers, employees and agents for any expenses, costs or damages incurred as a result g:\atty\agreemnt\lease\so causeway sublease -2- '-' 'wi' of its failure to obtain required licenses or permits, including but not limited to, any fines or damages collected against City, its agents and including attorneys fees or court costs, and of any expenses incurred as a result of City's failure to otherwise sati5fy permitting or license regulations. c) At no time shall the City permit the Park to be used for any improper, immoral or objectionable purpose. 7. Assignability. City shall not assign or sublet this Sublease without the expressed written consent of the County. 8. Access. County employees shall at all times have free access to the premises. 9. Force Majeure. In case the Park or any part thereof shall be destroyed or damaged by fire, water, or any other cause or if any other casualty or unforseen occurrence shall render the fulfillment of this Sublease by the County impossible, then and thereupon this Sublease shall terminate and the City hereby waives any claim for damages or compensation from the County should this Sublease be so terminated. 10. Governing Law and Venue. This Sublease shall be governed by the laws of the State of Florida and venue for any litigation which may arise under this Sublease shall be in St. Lucie County, Florida. 11. Attorney Fees and Cost. In the event any litigation arises for the enforcement or the interpretation of the terms of this Sublease, the prevailing party shall be entitled to attorney fees and costs. 12. Evacuation. County reserves, in its sole discretion, the right to evacuate the Park during any activity in progress where it is deemed necessary for the safety of the general public. g:\atty\agreemnt\lease\so causeway sublease -3- '-' ....., 13. Non-Discrimination. No person, group or association shall be excluded from use ofJ the facility because of race, sex, color, creed or national origin. Further, no rule may be promulgated or implemented by the City which will discriminate against any person, group or association, or exclude such persons from use of the facilities or participation in events in the facility. IN WITNESS WHEREOF, County by its Chairman and the City by its Mayor have caused this instrument to be executed by affixing their respective signatures on this, the day of .19_. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CITY OF FORT PIERCE, FLORIDA ATTEST: BY: Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney g:\atty\agreemnt\lease\so causeway sublease -4- '-' "" COOPERATIVE P ARTNERSHIP/INTERLOCAL AGREEMENT BETWEEN CITY OF FORT PIERCE and " ST. LUCIE COUNTY (SOUTH CAUSEWAY ISLAND PARK - SMITHSONIAN EXHIBIT -FRDAP GRANT) THIS AGREEMENT (the II Agreement") is made and entered into this _ day of , 2000, by and between the City of Fort Pierce, a Florida municipal corporation (hereinafter the "Citt), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "Countyll). WHEREAS, the County and the City are empowered to enter into interlocal agreements pursuant to Section 163.01, Florida Statutes; and, WHEREAS, the County requested the City's assistance through the Florida Recreation Assistance Program (FRDAP) to help fund the construction of the South Causeway Island Park _ Smithsonian Exhibit (hereinafter the "Project") in the amount of two hundred thousand and 00/100 ($200,000.00) dollars; and, WHEREAS, the City has applied for and obtained a FRDAP grant in the sum of two hundred thousand and 00/100 dollars ($200,000.00) for the South Causeway Island Park - Smithsonian Exhibit; and, WHEREAS, the City's FRDAP South Causeway Island Park - Smithsonian Exhibit grant requires a matching expenditure by the County; and, WHEREAS, the County has committed to provide for the match required for the City's FRDAP South Causeway Island Park - Smithsonian Exhibit grant; and, WHEREAS, the Project is an appropriate use of FRDAP funds. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: ARTICLE I. DELIVERY OF FUNDS The City shall disburse the FRDAP South Causeway Island Park - Smithsonian Exhibit grant funds in the amount of two hundred thousand and 00/100 dollars ($200,000.00) to the g:\atty\agreemnt\interloc\fp-so causeway FRDAP 1 '-" "'" County for the Project. The City shall disburse such funds to the County within thirty (30) days after the date the City receives the FRDAP funds. The City, by this Agreement or by the disbursal of the FRDAP South Causeway Island Park - Smithsonian Exhibit grant funds to the County, assumes no responsibility for the construction, operation or maintenance of this facility and the County shall hold the City harmless from the same. ARTICLE II. COUNTY RESPONSIBILITY FOR GRANT CONDITIONS In consideration of the City disbursing FRDAP grant funds for the Project, the County agrees to assume responsibility for complying with FRDAP Agreement. In the event the State demands a refund of grant funds as a result of the County's failure to comply with the such conditions, the County agrees to pay all funds to the State of Florida with interest within sixty (60) days after notification by the City of the State's refund demand. ARTICLE III. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the last party to this Agreement executes the Agreement and shall continue unless terminated herein. ARTICLE IV. TERMINATION This Agreement shall terminate automatically upon completion of the Project and close of the FRDAP grant or upon mutual written agreement of the parties. ARTICLE V. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the County: With a copy 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 g:\atty\agreemnt\interloc\fp-so causeway FRDAP 2 ~ "" As to the City: With a copy to: . Fort Pierce City Manager 100 North U.S. 1 Fort Pierce, Florida 34950 Fort Pierce City Attorney 100 North U.S. 1 Fort Pierce, Florida 34950 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. ARTICLE VI. VENUE Any litigation hereunder shall be brought in the applicable state or federal court in St. Lucie County, Florida. ARTICLE VII. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE VIII. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. ARTICLE IX. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. ARTICLE X. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. g:\atty\agreemnt\interloc\fp-so causeway FRDAP 3 ~ """ ARTICLE XI. ACCESS TO RECORDS " Both parties agree to allow either party, the State or the public, to access all documents, papers, letters or other material made or received in conjunction with the grant agreement. ARTICLE XII. WHOLE UNDERSTANDING 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. ARTICLE XIII. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. ARTICLE XIV. EFFECTIVENESS. This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. CITY OF FORT PIERCE, FLORIDA ATTEST: BY: Clerk Mayor Date: APPROVED AS TO FORM AND CORRECTNESS BY: City Attorney g:\atty\agreemnt\interloc\fp-so causeway FRDAP 4 .. ATTEST: ~ Deputy Clerk g:\atty\agreemnt\interloc\fp-so causeway FRDAP 5 "WI' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ~ - ..... - "-' AGENDA REQUEST ,...." ITEM NO. C-4 F DATE: October to, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Interim 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 RECOM M EN DATION: Staff requests that the 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. COMMISSION ACTION: CE: [ J APPROVED [] DENIED [XJ OTHER: Pulled - will be brought back at a later time. u Anderson o nty Administrator /' ;'1 County AttorneyD T Originating Dept:_( . It.. . Finance: (Check for Copy only, if Applicable) Mgt. & Budget; Purchasing Mgr.: Other: Other: Eff. 1/97 H:\WP\pOp warner enda.wpd '-" '-' Breakdown Of Costs For Pop Warner Football Leag. 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N CII ~ ci '" U ~I ;:¡ '" ";; ..J ~ CL I a: ~ ~ ü ~ g a: S :J o ::: UJ C) o :J ~ t:J \.;- "wi' BOARD OF COUNTY COMMISSIONERS LEISURE SERVICES MEMORANDUM f):i~} ~:) q l' / l",ø') fì, ß¡ ,-i/' Þ (),,-J' f,_ t /' To: From: Thru: Date: Subject: Doug Anderson, County Administrator Linda Brown, Leisure ServiceG 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 $.12,OOO~hort 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 Don McLam, Projects Manager œ Œ n w r' ~ 2~ lOon 1 JOHN D. ßRUHN. Districr No, 1 . DOUG COWARD, Disrricr No.2' PAULA A. LEWIS. Disrricr No..) · FRANNIE HUTCH SON, D~thér ~b'~;':' ål~rbARNES. Disr~cr NO.5 Counry Adminisrrarar - Douglas M. Anderson - _.' . 2300 Virginia Avenue . Phone (561)462-1515 · TDD (561) 462-1428 '-'" .....", DEPARTMENT OF LEISURE SERVICES MEMORANDUM TO: Commissioner Bruhn Don McLam, Projects Manage~~\~~ DATE: September 7, 2000 FROM: 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 city 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. . '" ,c AGENDA REQUEST ..."" ITEM NO. C-5A ~ DATE: October 10, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: B & E Houck Enterprises, Inc. - Amended and Restated Lease Agreement BACKGROUND: See attached memorandum CA 00-1526 FUNDS AVAILABLE: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Amended and Restated Lease Agreement with B & E Houck Enterprises, Inc., and authorize the chairman to sign the agreement. COMMISSION ACTION: CONCU CE: [Xj APPROVED [] DENIED [ ] OTHER: {)y County Attorney: OriginatingDept.~ Finance: (Check for Copy only, if applicable): _ Review and Approvals Management & Budget: Purchasing: Other: Other: ~ , '-' """ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-1526 DATE: October 3, 2000 SUBJECT: B & E Houck Enterprises, Inc. - Amended and Restated Lease Agreement BACKGROUND: Attached to this memorandum is a copy of a proposed Amended and Restated Lease Agreement with B & E Houck Enterprises, Inc. for its fixed base operation ("FBO") at the St. Lucie County International Airport. On June 28, 1994, the St. Lucie County Port and Airport Authority entered into a lease agreement with B & E Houck Enterprises, Inc. which merged the Authority's existing leases with the Houcks and Ft. Pierce Air Center, Inc. The term of the lease will be forty (40) years with an option to renew for an additional forty (40) years upon such terms and conditions as may be agreed upon by the parties. The proposed new lease agreement provides for the addition of three additional parcels to the lease. A portion of the additional property, Parcel F, is currently occupied by the Fair Association and will not be available until March 1, 2001. The additional parcels, including Parcel F, contain a total of 84.63 acres. Under the new lease, the initial monthly rental rate will fourteen thousand one hundred and 05/100 dollars ($14,107.05). This will increase to fourteen thousand four hundred thirty and 05/1 00 dollars ($14,430.05)per month with the addition of Parcel H on March 1, 2001. The rental rate will be adjusted annually based upon the Consumer Price Index. After twenty years, the rental rate on the land will be reevaluated based upon the appraised value of the real property. The resulting rent adjustment will be phased in over five years. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Amended and Restated Lease Agreement with B & E Houck Enterprises, Inc., and authorize the chairman to sign the agreement. Respectfully submitted, ~~ Heather Young Assistant County Attorney 1 - , Attachment HY/ Copies to: '--' ......, County Administrator Airport Director Finance Director Management and Budget Manager Contracts Coordinator 2 '-' '-" AMENDED AND RESTATED LEASE AGREEMENT THIS IS A LEASE AGREEMENT, made on , 2000, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"),as successor in interest to the St. Lucie County Port and Airport Authority, ("Authority"), and B & E HOUCK ENTERPRISES, INC., a Florida corporation, ("Lessee"). WITNESSETH 1. On November 16, 1987, the Authority entered into a Lease Agreement with Ft. Pierce Air Center, Inc., fì'kla Stanford Aircraft, Inc., for a fixed base operation on certain property owned by the Authority at the St. Lucie County International Airport. 2. On January 18, 1994, the Authority entered into a Lease Agreement with R. Errol Houck and Barbara J. Houck for a fixed base operation on certain premises owned by the Authority at the St. Lucie County International Airport. 3. On June 14, 1994, the Authority approved the pending sale ofFt. Pierce Air Center, Inc. to the Houcks and the merger of the Houcks Lease Agreement and the Ft. Pierce Air Center, Inc. Lease Agreement under a lease agreement with B & E Houck Enterprises, Inc. 4. On June 28, 1994, the Authority and the Lessee entered into a new lease agreement as referenced above in Paragraph 3. 5. On July 28, 1998, the Authority and the Lessee entered into a first amendment to the June 28, 1994 lease agreement which reflected the removal of certain buildings from the leased premises with a corresponding reduction in the rental rate and further revised the legal description of the leased premises to remove a property required for the construction of an access road by the 1 - . '-" '-dI Authority and the substitution of comparable property contiguous to the remainder of the leased prermses. 6. The Lessee intends to construct several new improvements on the leased premises, namely an aircraft hangar, flight school, and warehouse, and desires to add three additional parcels to the leased premises in order to accommodate the planned improvements. 7. The Lessee further desires to extend the term of the lease agreement an additional forty (40) years in light of the planned improvements. 8. The parties have agreed to enter into an Amended and Restated Lease Agreement in order to incorporate the revisions requested by the Lessee. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, that certain property situated in St. Lucie County, Florida, more particularly described in Exhibit" A" attached hereto and made a part hereof (hereinafter referred to as the "premises" or the "leased premises"), and the improvements thereon as indicated on the maps attached hereto and incorporated herein as Exhibit "B" . The parties acknowledge and agree that the property described as Parcel H is currently occupied by the 81. Lucie County Fair Association, Inc. and will not be subject to this Lease until March 1,2001. The parties acknowledge and agree that there currently exists sufficient access to the leased premises from a public road via Airman's Drive. In the event that the Lessor should determine to close Ainnan's Drive, Lessor shall provide sufficient alternate access from the leased 2 ~ ~ '-' ......, premises to a public road subject to the provisions of Paragraph 26. 2. PURPOSE Lessee agrees to develop and use the premises as a fixed base operation including aviation related sales and services, and all other services connected with a fixed base operation and permitted by the St. Lucie County Land Development Code. Lessee agrees to abide by the General Rules and Regulations Governing Commercial Activities at the St. Lucie County International Airport, ("General Rules" or "Minimum Standards"), as adopted by Lessor and any amendments thereto, a copy of which is attached hereto and incorporated herein as Exhibit "C", with respect the leased - premises. Such property shall be used only for aeronautical activities as defined by the Federal Aviation Administration and for uses permitted by the St. Lucie County Development Code. The use of the leased premise by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Federal Aviation Administration or its successor agency or by St. Lucie County, the State of Florida or any other federal, state, or local agency having jurisdiction over the operations of St. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor. At the Lessee's option and subject to compliance with all applicable building and zoning codes and the General Rules, the Lessee may install such landscaping and related equipment in the right-of-way for Airman's Drive as may be required for the construction of the improvements set forth in its September 10, 1993 application for a minor adjustmentto the site plan for the former Fort Pierce Air Center. In the event that the future operation and/or development needs of the St. Lucie County International Airport, as detennined by the Lessor, require the removal and/or relocation of said landscaping and equipment, the Lessee shall remove and/or relocate said items as directed by 3 .<' \ '-" --..."I the Lessor within ninety (90) days of receipt of written notice from the Lessor. This removal and/or relocation shall be at the Lessee's sole expense. This notice shall not relieve the Lessee from the requirements of all applicable building and zoning codes and the General Rules. 3. TERMmATION OF EXISTING LEASE AGREEMENT The existing lease agreement between the Lessor and the Lessee, as amended, shall terminate upon the effective date ofthis Restated and Amended Lease Agreement. 4. MUTUAL REPRESENTATIONS AND W~TIES Lessee acknowledges that it has made, or had an opportunity to make, a thorough and complete inspection of the leased premises and is fully advised of its condition, nature of construction, if any, and state of repair. Lessee fully accepts the leased premises in its present state of condition. Lessor warrants that all steps, acts and conditions required of Lessor to be done as a condition precedent to the execution of this lease have been done, and Lessor has full authority to enter into this Lease. 5. INDEMNIFICATION AGAINST CLAIMS The Lessee is and shall be an independent contractor and operator, responsible to all parties for all of its acts or omissions and the Lessor shall in no way be responsible for such acts or omissions. Except as otherwise provided herein, Lessee shall protect, defend, and hold Lessor completely harmless from and against any and all liability , losses, suits, claims, judgments, fines or demands, arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to this agreement and/or the use or occupancy of the leased premises or the use and/or occupancy of the 8t. Lucie 4 ~ ~ - County International Airport or the acts or omissions of the Lessee, its officers, agents, employees, contractors, subcontractors, licensees, or invitees, regardless of where the injury, death, or damage may occur, unless such injury, death, or damage is caused by the sole negligence of the Lessor. The Lessor shall give the Lessee reasonable notice of any such claims or actions. The Lessee shall also use counsel reasonably acceptable to Lessor in carrying out its obligations hereunder. The provisions of this section shall survive the expiration or early termination of this agreement. The parties acknowledge and agree that on February 2, 1990, the Lessor entered into a Consent Order (OGC Case No. 88-0987), hereinafter referred to as the "Consent Order", with the Florida Department of Environmental Regulation with regard to certain contamination of subleased property identified as the "Pref site" and contained within the leased premises. The parties agree that the Lessee shall not assume any liability nor indemnify the Lessor with regard to any and all liability , losses, suits, claims,judgments,fmes or demands associated with or arising out of the enforcement and administration of the Consent Order. 6. NO LIENS CREATED Lessee covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of Lessor in and to the property covered by this lease, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with Lessee, or furnishing materials or labor to Lessee, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of the lease. Should any such lien be filed, Lessee shall discharge the same within thirty (30) days after Lessee is notified of same, by paying the same or by filing a bond, or otherwise, as 5 '--' ."wI pennitted by law. Lessee shall not be deemed to be the agent of Lessor so as to confer upon a laborer bestowing labor upon the leased premises, or upon a materialman who furnishes material incorporated in the construction of improvements upon the leased premises, a mechanic's lien upon Lessor's estate under the provisions of Chapter 713, Florida Statutes, 1999, and any subsequent revisions of that law. 7. OPERATING COSTS Lessee agrees promptly to pay when due all operating, maintenance and servicing charges and costs, including telephone, gas, electricity, water, water connection, sewer, sewer connections, and all other expenses incurred in and use and operation of the leased premises. Lessee agrees to connect all new construction to St. Lucie County water and wastewater system, execute the appropriate documents, a pay all applicable rates, fees and charges prior to the issuance of the certificate of occupancy for the facility. Lessee agrees to obtain at its expense all pennits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. 8. FUEL FLOW AGE FEE Lessee agrees to pay a fuel flowage fee of $.0425 per gallon on all gasoline, oil, or other fuel delivered to the demised premises. Lessee agrees to supply Lessor with certified copies of receipts from fuel supply companies and to remit the applicable amount no later than the 10th day of the following month. Such fuel flowage fee shall be adjusted annually after the first anniversary date of this lease using the method based upon the annual consumer price index set forth in Paragraph 6 ~ ....,." 15.03 herein. In no event shall the fee be less than $.0425 per gallon. 9. BANKRUPTCY OF LESSEE Should Lessee, at any time during the term of this lease, file a voluntary petition in bankruptcy, or permit an involuntary petition in bankruptcy to be filed against it which it does not contest, or institute a composition or any arrangement proceeding under Chapter X or XI of the Chandler Act, or make any assignments for the benefit of its creditors, or should a receiver or trustee be appointed for Lessee's property because of Lessee's insolvency, and the appointment is not vacated within thirty (30) days thereafter, or should Lessee's leasehold interest be levied on and the lien not discharged within thirty (30) days after levy has been made, or should Lessee fail promptly to make the necessary returns and reports required of it by county, state and federal law, or should Lessee fail promptly to comply with all governmental regulations, county, state and federal, and should such failure in any manner jeopardize the rights of Lessor, then, and in such event, and upon the happening of either or any of such events, Lessor shall have the right, at its election, to consider the same a default on the part of Lessee of the terms and provisions of this lease, and, in the event of such default not being cured by Lessee within a period of thirty (30) days from the date of the giving by Lessor of written notice to Lessee of the existence of such default, Lessor shall have the option of declaring this lease terminated, and the interest of Lessee forfeited, or Lessor may exercise any other rights conferred upon it by this lease. The pendency of bankruptcy proceedings or arrangement proceedings, to which Lessee shall be a party shall not preclude Lessor from exercising any of its rights. In the event Lessee, or the trustee or receiver of Lessee's property, shall seek an injunction against Lessor's exercise of any right, such action on the part of Lessee, its trustee or receiver, shall automatically terminate this lease as of the date of the making of such application. 7 "'" ...", In the event the court shall enjoin Lessor from exercising any of its rights, such injunction shall automatically terminate this lease. 10. TAXES F or each year of the term of lease, Lessee agrees to pay when due all taxes and special assessments of whatsoever kind levied and assessed against the leased premises, and all improvements built and placed on them by Lessee. On or before March 1 of each lease year of the term of this lease, Lessee agrees to deliver to Lessor official tax receipts showing the payment by Lessee of all taxes and special assessments, if any. Lessee further agrees to pay when due all ad valorem property taxes, sales and use taxes, special assessments and any and all other taxes or assessments imposed upon or for which Lessee is liable arising out of this lease agreement. Lessee shall also pay the rental tax prescribed by the statutory law of Florida. 11. REP AIRS AND MAINTENANCE Lessee agrees at its expense to keep and maintain the leased premises, including grounds, pavement, buildings, furnishings, fixtures and personal property in a good state of repair and first-class condition. Lessee agrees at its expense to make all repairs to the building or improvements situated upon the leased premises, including electrical, plumbing, sewer, sewer conditions, structural and all other repairs that may be repaired to be made, and Lessee at its expense will keep all buildings, including interior and exterior, roof, fixtures and equipment in a good state of repair, in first-class condition and at all times well painted. Lessee at its expense agrees to delivery to Lessor upon the termination of this lease the entire leased premises, including buildings and improvements, in a good state of repair and in first-class condition, ordinary wear and tear, and damage by the elements or by fire excepted. Lessee shall, throughout the term of this lease, assume 8 """ .."" the entire responsibility and shall relieve Lessor from all responsibility for all repair and maintenance whatsoever in the premises, whether such repair or maintenance be ordinary or extraordinary, structural or otherwise. Lessee shall keep the premises at all times in a clean and orderly condition and appearance and all of Lessee's fixtures, equipment and personal property which are located on any part of the premises which are open or visible to the general public shall likewise be so kept and maintained. Lessee shall be responsible for the maintenance and repair of all utilities service lines (except common utilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and stonn sewers, whether the same are now located upon the premises or are installed or located upon the premises subsequent to the execution of this agreement. Lessee shall, at all times during the tenn of this lease, take appropriate anti-erosion measures with respect to all portions of the leased premises. In the event that Lessee fails in any material respect to so maintain, clean, repair, replace, rebuild or paint the premises within a period of sixty (60) days after notice from Lessor to do so, or fails in any material respect diligently to pursue to completion such repair, replacement, rebuilding or repainting, then Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace, rebuild or paint all or any part of the premises included in such notice, and cost shall be payable by Lessee immediately upon demand of Lessor. 12. SIGNS AND OBSTRUCTION LIGHTS Lessee shall have the right to erect, maintain or display any signs or any advertising on the exterior of the leased premises or within the leased premises, provided that such signs and advertising comply with all FAA, local government or airport rules, regulations and ordinances. Lessee shall install, maintain and operate at its own expense, such obstruction lights on the premises 9 \...; \wi as the Federal Aviation Administration may direct, or as Lessor may reasonably require, and shall energize such lights daily for a period commencing thirty (30) minutes after sunset, and for such other period as may be directed or requested by Lessor. 13. EASEMENTS Lessee shall convey to Lessor any easements through the leased premises that may be required for the installation of utilities or right-of-way for road or any other public purposes. Easements shall inClude those easements referred to or indicated in Exhibit "A". It is agreed that Lessor shall have access to such areas at all times during the term of this lease. In the event there is a loss of beneficial use resulting from the granting of any easement to Lessor, proper adjustment of the rent shall be made at the time of conveyance of such easement by Lessee. No special assessment for such easements or improvements made shall be made against Lessee. Lessor shall use its best efforts to see that any such easements do not prohibit or restrict Lessee's ability to develop the leased premises in accordance with Lessee's plans for same. Utility easements shall be given to Lessor by Lessee if the improvements are underground or do not unduly restrict Lessee from normal use of the leased premises during the full term of the lease. 14. TERM The term of this lease shall begin on the first day of the calendar month immediately following the date of this Lease (hereinafter referred to as the "commencement date"), and shall terminate forty (40) years from that date. Subject to the prior written agreement of the parties, the term may be extended an additional forty (40) years upon such terms and conditions as agreed upon by the parties. Should city, state or federal authorities close the airport to nonmilitary aircraft, making 10 '-' ......, impossible the continuation of Lessee's operations, the amount of time during which Lessee's operations are interrupted shall be added to the tenn of this lease. Delivery of the possession of the leased premises to Lessee shall be made on the date of this Lease. 15. RENT For the period, October 1, 2000 through and including February 28, 2001, the Lessee shall pay as total rent for the leased premises the sum of fourteen thousand one hundred seven and 05/100 dollars ($14,107.05), plus taxes, per month for the premises are adjusted as provided in sub-paragraph 15.03 herein. The initial monthly rental rate is composed of a land rental rate of twelve thousand seven hundred thirty-two and 62/100 dollars ($ 12,732.62) based upon 82.532 acres at $.0425 per square foot, and an improvements monthly rental rate of one thousand three hundred seventy-four and 431100 dollars ($1,374.43) based upon eight percent (8%) of the value of the improvements identified in Exhibit "D". Such rent shall be due on the tenth day of each month without billing. In addition, the initial annual rental payments to be paid by Lessee to Lessor hereunder shall be adjusted yearly in accordance with the tenns of sub-paragraph, 15.03 herein. Effective March 1, 2001, the monthly rental rate will increase to fourteen thousand four hundred thirty and 05/100 dollars ($14,430.05), plus taxes, to reflect the addition of Parcel P-A. 15.01 The location of any structure or improvement shall be subject to the prior approval of Lessor and the regulations of the Federal Aviation Administration. From time to time, Lessee may at its own expense, after having obtained the written consent of Lessor, which consent will not be unreasonably withheld, make such alterations, changes, improvements and additions to the approved site plan or to the leased premises as may be necessary or desirable for the proper conduct of its business. 11 ~ '-" 15.02 Rental payments shall begin on the commencement date of this lease. 15.03 Lessor and Lessee agree that the rental payments set forth above shall be adjusted higher or lower, at one (1) year intervals, but in no event shall the land rental be less than the initial land rental amount set forth in paragraph 15 above. Such adjustments shall commence on the first anniversary date of the execution of this lease and continue at each one year interval thereafter throughout the term of this lease. The product of the land rental rate adjustment and the improvements rental rate adjustment shall be the amount of the annual rental payments to be made for the next succeeding one (1) year period of this lease until the next computations are to be made. The rental and the adjustment made based upon the provisions of this paragraph shall be made solely by Lessor unless it is necessary for the parties to agree upon a conversion factor under the provisions set forth below. Lessor, upon determining the rental adjustment of the applicable one (1) year period as provided above shall advise Lessee of the new monthly rental for such period, which shall be accompanied by evidence supporting the manner in which Lessor determined the new adjusted rent, which evidence shall be in sufficient detail to enable Lessee to verify Lessor's calculations. It is further understood and agreed that if the rental adjustment is not immediately determinable at the time an adjustment is required, the previous rental then being paid shall continue until an adjustment can be made, and the adjustment shall be retroactive to the adjustment date, and the sum constituting the adjustment for the months of the period which have passed prior to the determination of the amount of the adjustment shall be due and payable within thirty (30) days after such determination. The annual adjustment to the land rental rate and the annual adjustment to the improvements rental rate shall be calculated as set forth herein. 12 '-' '-" (a) Annual Land Rental Rate Adjustment The annual adjustmentto the land rental rate shall be determined by multiplying the annual land rent then in effect by a fraction, the numerator of which shall be the index figure indicated for the month of June preceding each January 1st of the year of adjustment, such figure to be shown by the Consumer Price Index, the United States City Average All Items and Commodity Groups (1967 = 100), issued by the Bureau of Labor Statistics of the United States Department of Labor, and the denominator of which shall be such Consumer Price Index figure indicated for the month of June preceding each January 1st of the year preceding the year of adjustment. (b) Annual Improvements Rental Rate Adjustment The annual adjustment to the improvements rental rate shall be determined by multiplying the annual improvement rent then in effect by a fraction, the numerator of which shall be the index figure indicated for the month of June preceding each January 1 st of the year of adjustment, such figure to be shown by the Consumer Price Index, the United States City Average All Items and Commodity Groups (1967 = 100), issued by the Bureau of Labor Statistics of the United States Department of Labor, and the denominator of which shall be such Consumer Price Index figure indicated for the month of June preceding each January 1 st of the year preceding the year of adjustment. The resulting figure shall be the annual improvements rental. In the event that any of the improvements which were used to calculate the previous year's rental rate have been removed prior to calculation of the rent adjustment, the 13 ~ .....,¡ rent adjustment shall reflect such removal. The Lessee shall obtain the Lessor's approval prior to the removal of any improvements. Such approval shall be contingent upon the Lessee submitting plans for the construction of a replacement structure of equal or greater value to the removed improvement to be completed within eighteen (18) months of the date of the removal. (c) Consumer Price Index It is understood and agreed that the above described Index is now being published monthly by the Bureau of Labor Statistics of the United States Department of Labor. Should the Bureau of LabQr Statistics change the manner of computing such Index, the Bureau shall be requested to furnish a conversion factor designed to adjust the next Index to the one previously in use, and adjustment of the New Index shall be made on the basis of such conversion factor. Should the publication of such Index be discontinued by the Bureau of Labor Statistics, then such other Index as may be published by such Bureau most nearly approximating the discontinued Index shall be used in making the adjustments described above. Should the Bureau discontinue the publication of an Index approximating the Index contemplated, then such Index as may be published by another United States governmental agency which most nearly approximates the Index first above referred to shall govern and be substituted as the Index to be used, subject to the application of an appropriate conversion factor to be furnished by the governmental agency publishing such Index. If such governmental agency will not furnish such conversion factor, then the parties shall agree upon a conversion factor of the new Index. 14 '-' '-I 15.04 Rental Rate Review The rental rate, as adjusted pursuant to subparagraph 15.03, for shall be subject to fair and non-discriminatory review and adjustment at the end of the fIrst twenty (20) year period from the date of execution of this Agreement by Lessor. The Lessor shall base the adjustment on two appraisals and one review appraisal of the fair market rental value of the real property. The appraisals and review appraisal shall be conducted by appraisers who are designated members of a professionally recognized real estate appraisers' organization. The Lessor and the Lessee shall each be responsible for the selection and compensation of one of the appraisers. The parties shall jointly select the review appraiser and shall each pay one-half of the review appraiser's compensation. When such rental rates are established and approved by appropriate action of the Lessor, this Lease Agreement shall be considered amended, upon written notification by the Lessor to the Lessee of the establishment of the said rental rate applicable to the leased premises. The new rental rate shall be phased in on a pro-rata basis over fIve years. The rental rate shall continue to be subject to yearly adjustment in accordance with sub-paragraph 15.03 herein. 16. INSPECTION OF PREMISES Lessor or its agents shall have the right to enter the leased premises and the buildings and improvements constructed on them at all reasonable hours for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee or of any subtenants or occupants of the premises, except in the event of an emergency. In the event that any personal property of Lessee shall obstruct access of Lessor to any existing or future utility, mechanical, electrical or other systems, Lessee shall move such property, as directed by Lessor, in order that access may be obtained, and if Lessee shall fail to do so, Lessor may move such property. Lessee shall make every effort to 15 '-' -.....I cooperate with Lessor. At any time and from time to time during reasonable business hours within six (6) months next preceding the expiration of this lease agreement or immediately upon the determination by Lessor of abandonment or a breach of this lease by Lessee, Lessor shall have the absolute right to enter the premises for the purpose of exhibiting and viewing all parts of the same and to place and maintain on the premises "To Let" signs, which signs Lessee shall allow to remain without interference or hindrance. If, during the last month of the term of this lease agreement, Lessee shall have removed all or substantially all of its property from the premises, Lessor may immediately enter, alter, renovate and redecorate the premises. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 17. FIXED BASE OPERATORREOUlREMENTS The continuation of this lease is contingent upon the Lessee providing the services required by the General Rules, as may be amended from time to time, so that Lessee qualifies as a fixed base operator on the airport. Lessee shall meet all requirements of the General Rules within the prescribed time period provided. 18. APPROVAL OF CONSTRUCTION Prior to any construction upon the premises by Lessee, including any alterations, changes or additions, Lessee shall submit to Lessor complete building plans for such proposed construction, and prior to such construction, the written approval of plans must be given by Lessor, the St. Lucie County Community Development Department and/or St. Lucie County Public Works Department, 16 '-' ~ as appropriate, which approval will not be unreasonably withheld and any other applicable government or agency. 19. CONDEMNATION Ifany part of the Leased Premises shall be taken or condemned for a public or quasi-public use, and a part remains which is susceptible of occupation, the rent payable shall be reduced, commencing with the date title shall vest in the condemnor, to the amount determined by multiplying such rent by a fraction, the numerator of which is the areas of the Leased Premises remaining after condemnation, and the denominator of which is the area of the Leased Premises as of the date of condemnation. If Lessee determines that the remaining portion of the Leased Premises is inadequate for the uses contemplated by this Lease, Lessee shall have the option to terminate this Agreement as of the date when title to the part so condemned vests in the condemnor. If all of the Leased Premises shall be so taken, this Agreement shall terminate on the date when title to the Leased Premises vests in the condemnor. If a part or all of the Leased Premises be so taken or condemned, Lessee shall be entitled to that portion of any award for Lessee's loss of buildings and its furniture and fixtures constructed or installed by the Lessee, the cost of removing its property and the loss of the value of its leasehold interest in the land so taken. In the event of such taking, Lessor shall receive such portion of the award as is attributable to its reversionary fee interest in the land and any improvements constructed by the Lessee on the Leased Premises. Any portion of any condemnation award which is not specifically apportioned to Lessee, as aforesaid, shall be and become the property and belong to Lessor. 20. REQUIRED REMOVAL OF EXISTING IMPROVEMENTS Paragraph 19 shall not apply to the restaurant/office facility and T -hangars lying northeast of 17 '-' ~ - the building restriction line as of the commencement date. In the event that the Lessor detennines that the T -hangars must be removed to provide for the construction of an aircraft parking apron, the removal shall be at no cost to the Lessor. The Lessor shall only reimburse the Lessee for the cost of capital improvements to the T -hangars by the Lessee after the commencement date. Removal of the T -hangars shall be completed prior to commencement of construction of the aircraft parking apron. In the event that the Lessor determines that the restaurant/office facility should be removed, the removal shall be at no cost to the Lessee. The Lessor shall only reimburse the Lessee for the cost of approved capital improvements to the facility by the Lessee after June 28, 1994. 21. DEFAULT IN RENT Lessee agrees promptly to perfonn, comply with and abide with this lease, and agrees that time of payment and of perfonnance are of the very nature and essence of it. If any sums of money required to be paid by Lessee to Lessor shall remain unpaid for a period often (10) days after its due date and after ten (10) days written notice from Lessor stating that such ten (10) day grace period has expired, then Lessor shall have the following options and privileges: (a) Lessor may declare one (1) year's rental as presently due and payable. Such declaration shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of Lessee to pay rent under the tenns of this lease for the period unaffected by the declaration. (b) Lessor may, after notice, tenninate the lease. ( c) In addition to the options granted above, Lessor may exercise any and all other options available to it, which options may be exercised concurrently or separately with the exercise of the above options. 18 .'-' y 22. DEF AUL T IN OTHER PROVISIONS If Lessee shall default in the performance of any other term of this lease (except the payment of rent), then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor, including, but not limited to, remedies, procedures and rights specified in this lease. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, Lessor shall not have the right to declare that lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the lease term ended and enforce all of its rights and remedies under this lease for any other default not so cured. 23. OWNERSHIP AT TERMINATION All buildings, structures and fixtures of every kind now existing or hereafter erected, installed or placed on the leased premises shall, at the end of the term or earlier termination of the lease, for any reason, be and become and property of Lessor and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. A fixture is defined as an article which was a chattel, but which, by being physically annexed or affixed to the premises by Lessee and incapable of being removed without structural or functional damage to the premises, becomes a part and parcel 19 ~ '-"" of it. Nonfixture personalty owned by Lessee at the expiration of the term or earlier termination of this lease, for any reason, shall continue to be owned by Lessee, and at the time of such expiration or earlier termination, Lessee at its option may remove all such personalty, provided Lessee is not then in default of any covenant or condition of this lease; otherwise, all such property shall remain on the leased premises until the damages suffered by Lessor from any such default have been ascertained and compensated. Any damage to the premises caused by the removal by Lessee of any such personalty shall be repaired by Lessee forthwith at its expense. 24. INS~CE The parties agree to the following provisions pertaining to insurance: (a) Fire and Extended Coverage Lessee shall, at all times during the term of this lease and at Lessee's sole expense keep the leased facilities, insured against loss or damage by fIre and hazards in an amount greater then or equal to the fair market value of the property. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate Lessor as an additional named insured. A certifIcate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease, specifIcally providing that the insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to Lessor. (b) Worker's Compensation Lessee shall carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. (c) Liability Insurance The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time 20 '-' ~ maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage limits of not less than $5,000,000.00 per occurrence and aggregate to include Premises/Operations, Products/Completed Operations, and Personal and Advertising Injury plus $100,000.00 fire damage per incident and $5,000 per person medical payments. (d) Hangarkeepers Liability Insurance The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, Hangarkeepers Liability coverage in the minimumamountof$250,000per aircraft and $2,500,000.00 aggregate. The described policies of insurance and all renewals of those policies shall be delivered to and held by the Lessor. The insurance policy shall provide broad Form Comprehensive General Liability coverage and it shall include airport and aircraft liability; products and completed operations; and contractual liability specifically insuring this Hold Harmless paragraph. The policy shall further name the St. Lucie County Board of County Commissioners as an additional insured and shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. Evidence of the above must be provided to the Lessor ten (10) days prior to taking possession of the premises subject to this lease. The Lessor may, as its sole option, accept a certificate of insurance in lieu of the policy. Lessor reserves the right to require additional insurance in such amounts Lessor deems necessary due to any change in the operations of Lessee upon the leased premises. Lessee shall give notice of any such change no less than thirty (30) days prior to such change. Lessor shall notify Lessee in writing of any additional insurance and Lessee shall 21 '-" y provide proof of such coverage to Lessor. Upon ninety (90) days prior written notice, Lessor may require Lessee to increase the minimum insurance coverages specified above in accordance with standard County insurance requirements. (e) Damage or Destruction to Leased Premises Except as otherwise provided in this lease, if the premises or any part of them (including any leasehold improvements), shall be damaged or destroyed, Lessee shall, to the extent of the insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Lessee. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased premises. If such a substantial portion of the leased premises is destroyed so that Lessee detennines that Lessee cannot reasonably continue to utilize the leased premises until the same are repaired or replaced, then Lessee may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the holder of any leasehold mortgage which encumbers the leased premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any shall be paid to Lessor. 25. ASSIGNMENT AND SUBLEASING Lessee shall not sublet the leased premises, or any portion of those premises, and shall not assign this agreement without the prior written consent of the Lessor. Provided however, Lessee may submit a standard lease having an initial term of no more than twelve months for rentals of hanger 22 ~ '-" space to Lessor for pre-approval. If such a standard lease is approved, Lessor's prior written consent to use such lease is not required. Lessee shall provide Lessor written notification of the names of all sublessees entering into such leases. If Lessee is a corporation, partnership or other type of business entity other than an individual, there shall be no transfer of the control of such business entity without prior approval of Lessor, which approval shall not be unreasonably withheld. A transfer of control of the business entity shall be deemed to occur when the owner( s) of more than fifty percent (50%) of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. 26. SPECIAL ASSESSMENT FOR PAVED ROAD Lessee acknowledges and understands that there is currently no paved access to the premises. Lessee further acknowledges and understands that the Lessor has adopted Resolution 86-09 on December 22, 1986, regarding a policy for providing paved road access to certain properties located on the Airport. Pursuant to the policy set out in Resolution 86-09, Lessee acknowledges and understands that Lessor may determine to construct paved road access to the premises leased to Lessee and assess a percentage of the costs of the improvements against Lessee to the extent the Authority determines that the premises the Lessee is leasing benefits from the improvements. Lessee agrees that the assessments shall be collected in the same manner as are the rental payments. If the Lessor determines to construct paved road access to the premises and determines to assess Lessee for a percentage of the cost of the improvement, this Lease Agreement shall be automatically amended to include the amount of the assessment and the method of payment of the assessment set out in the 23 '-" 'wII resolution approving the improvement. A failure to pay this assessment will be treated as a default under the Lease. 27. SUCCESSORS IN INTEREST Lessee shall have a right to mortgage Lessee's interest under this lease to a federal or state savings and loan institution, bank or trust company, pension fund, trust or similar lending institution authorized to make leasehold mortgage loans in the State of Florida subject to obtaining the prior consent of Lessor. Any leasehold mortgage shall be specifically subject and subordinate to Lessor's rights under this lease. If, after obtaining the prior consent of Lessor, Lessee mortgages its leasehold interest the following provisions shall apply: (a) Lessee shall forward Lessor a duplicate original of the mortgage or a certified copy of the mortgage following recording in the public records of St. Lucie County, Florida, together with a written notice setting forth the name and address of the leasehold mortgagee. (b) Lessor will serve a copy of any notice specifying the nature of any and all defaults under the provisions of this lease upon the leasehold mortgagee. The leasehold mortgagee shall have the same grace period as provided in paragraphs 21 and 22 herein. Leasehold mortgagee shall have the right to cure any such default or things which Lessee is required to do or perform and Lessor shall accept such performance as though the same had been done by Lessee. (c) The leasehold mortgagee may become the legal owner and holder of this lease by foreclosure of its mortgage or as a result of the assignment of this lease in lien of foreclosure, whereupon such leasehold mortgage shall immediately become and remain liable under all provisions of this lease. The leasehold mortgagee shall not sublet the leased premises nor assign this lease 24 ~ \wi without the prior written consent of Lessor. 28. NOTICES All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: LESSOR: WITH A COpy TO: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce; Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 LESSEE: WITH COPIES TO: B & E Houck Enterprises, Inc. 2982 Aviation Way Fort Pierce, Florida 34946 First National Bank and Trust Company of the Treasure Coast Attn: Marshall M. Miller 610 Delaware Avenue Fort Pierce, Florida 34950 Errol and Barbara Houck 4007 Meadowood Drive, Unit 106 Fort Pierce, Florida 34951 Fort Pierce Air Center, Inc. C/O Andrew W. Williams 2855 Ocean Drive, Suite 2-D Vero Beach, Florida 32963 or to such other address( es) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 29. SEVERABILITY If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 25 '-' .....", 30. LEASE NOT EXCLUSIVE Any tenn, provision or condition in this lease to the contrary notwithstanding,it is specifically understood and agreed that this lease is not exclusive, and that Lessor shall be entitled to lease to competitors of Lessee within the airport property. 31. NONDISCRIMINATION Lessee, in exercising any of the rights or privileges granted to it shall not on the grounds of race, color or national origin discriminate or pennit discrimination against any persons or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 32. SUBROGATION Lessor shall have the option, without waiving or impairing any of its rights, to pay any sum or perfonn any act required of Lessee, and the amount of any such payment and the value of any such perfonnance, together with interest, shall be secured by this lease, and shall be promptly due and payable to Lessor. 33. STANDARD PROTECTION CLAUSES Lessor reserves the right to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in the airspace such noise as may be inherent in the operation of aircraft, now known or later used, for the navigation of or flight in airspace, and for use of airspace for landing on, taking off from or operating on the airport. Lessee expressly agrees for itself, its successors and assigns to restrict the heights of structures, objects of natural growth or other 26 '-'" 'wi' obstructions on the leased premises, to such a height so as to comply with Federal Aviation Regulations, Part 77, or any other applicable state, federal, or local regulation. Lessee expressly agrees for itself, its successors and assigns to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. 34. INTEREST All delinquent payments to Lessor shall bear interest at the rate equivalent to the periodic composite of current annual interest rates on five (5) year United States Government agency issues in effect as of the date of delinquency, but not less than ten percent (10%) per annum. Such interest shall be calculated from the due date after the expiration of any applicable grace period to the date of payment, on a daily basis, and will be due and payable when billed. 35. LIENS UPON REVENUES. ETC. In the event of Lessee's breach of any of the provisions of this lease, Lessor shall have a lien upon all revenues, income, rent, earnings and profits from the leased premises as additional security to Lessor for Lessee's faithful performance of each of the terms and provisions, and to secure payment of all sums owing to Lessor. Such liens shall be superior in dignity to the rights of Lessee, and any of its creditors or assignees or any trustee or receiver appointed for Lessee's property or other person claiming under Lessee. Upon Lessor's termination of Lessee's rights under this lease by reason of Lessee's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by Lessor shall constitute the property of Lessor, and the same is declared to be a trust fund for the exclusive benefit of Lessor and shall not constitute any asset of Lessee or any trustee or receiver appointed for Lessee's property. The provisions of this 27 · ~ ....., paragraph shall be effective without Lessor's re-entry upon the leased premises or repossession, and without any judicial detennination that Lessee's interest under the lease has been tenninated. The provisions of Paragraph 35 shall be junior and inferior to the security interst, claim, interest and assignment ofleases, rents, and profits and assignment of accounts receivable given by lessee to First National Bank and Trust Company of the Treasure Coast to secure indebtedness of Lessee to First National Bank and Trust Company of the Treasure Coast as long as said indebtedness shall be outstanding provided that there are no existing breaches or defaults in any of Lessee's obligations, payments of duties under the Lease Agreement and that the extend of such lien on revenues in favor of Lessor shall be limited to the amount due and owing to Lessor for any payments, rents, duties or obligations of Lessee under the Lease Agreement. 36. FORFEITURE If Lessee shall fail to keep and perfonn any of the covenants, conditions, and agreements in this lease provided to be perfonned by Lessee, and such default is not remedied within the grace period provided elsewhere in this lease, Lessor shall have the right to treat such default as intentional, inexcusable and material, and Lessor, by notice in writing transmitted to Lessee, may at its option declare Lessee's interest under this lease ended and without further force. Thereupon, Lessor is authorized to re-enter and repossess the leased premises, and the buildings, improvements and personal property located on them, either with or without legal process, and Lessee does in such event waive any demand for possession of the property, and agrees to surrender and deliver up the leased premises and property peaceably to Lessor. In the event of such forfeiture, Lessee shall have no claim whatsoever against Lessor by reason of improvements made upon the premises, rents paid, or from any other cause whatsoever. The provisions of this paragraph shall not be construed so as to 28 .. ~ ..~ divest Lessor, in the event of such default, of any legal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to Lessor a cumulative remedy, in addition to such other remedy or remedies as the law afford a lessor when the terms of a lease have been breached by a lessee. 37. NONWAIVER - Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this lease in anyone or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the leased premises or of the remained of the term shall be valid unless accepted by Lessor in writing. Lessor shall be under no duty to relet the premises in the event of an abandonment or surrender or attempted surrender or attempted abandonment of the leased premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the premises, Lessor shall have the right to retake possession of the leased premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 38. REMOVAL OF LESSEE'S PROPERTY BY LESSOR If, under the terms of this lease agreement, Lessee is entitled to remove its property from the premises, but shall fail to do so on or before the termination or expiration of the term or on or before the termination or expiration of this lease agreement for any other cause specified herein then Lessor may remove such property and retain the same in its possession, and may sell the same at public auction, the proceeds of which shall be applied first to the expenses of such removal and storage and sale, and the balance paid to Lessee upon the demand of Lessee, providing that the proceeds of such 29 ,., - \..f """ sale exceed the expenses of such removal, storage and sale. 39. QUIET ENJOYMENT Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Leased Premises throughout the lease term without interference, hindrance or molestation. Wherever this lease requires Lessors consent or approval such consent or approval will not be unreasonably withheld. 40. RIGHT TO RECORD Lessee shall have the right at its expense, to record this lease in the Public Records of 8t. Lucie County, Florida. 41. DATE OF TillS AGREEMENT Any reference in this lease to the words" date of this agreement" or "date of this lease" shall be deemed to be the date this lease is executed by the party last executing same. [Remainder of page intentionally left blank.) 30 '-' ..., of IN WITNESS WHEREOF, Lessee has executed this Lease Agreement on this ,2000 day ATTEST: B & E HOUCK, ENTERPRISES, INC. BY: SECRETARY PRESIDENT (SEAL) STATE OF FLORIDA ) COUNTY OF ST. LUCIE) SS: - BEFORE ME, the undersigned authority, personally appeared , president ofB & E Houck Enterprises, Inc., who, being duly sworn, deposes and says that he/she has read and executed the foregoing instrument, on behalf of such corporation, on this day of , 2000. Notary Public, State of Florida My Commission Expires: (Notary Seal) Type of Identification: Personally known: _ Driver's License: Other: 31 '-"' "'" IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this , 2000. day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney STATE OF FLORIDA ) COUNTY OF ST. LUCIE) SS: BEFORE ME, the undersigned authority, personally appeared JOHN D. BRUHN, CHAIRMAN of the BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, who, being duly sworn, deposes and says that he/she has read and executed the foregoing instrument, on behalf of such corporation, on this _ day of ,2000. Notary Public, State of Florida (Notary Seal) Type of Identification: Personally known: _ Driver's License: Other: My Commission Expires: 32 '-" ....., Containing with said bounds 9,557 SF (0.219 acres), more or less. and A parcel ofland lying in and being a part of Section 30, Township 34 South, Range 40 East and being more particularly described as follows: Commencing at the Southeast corner of Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida; thence run North 00°00'16" West, along the east line of the Southeast 1/4 of said Section 30 for a distance of2665.52 feet to an iron rod at the existing centerline intersection of Runways 4 and 14, of the St. Lucie County International Airport; thence run South 45°00'00" West, along the existing centerline of Runway 4 for a distance of 464.00 feet; thence Nörth45°00'00" West for a distance of 1189.00 feet to the point of beginning; thence run North 45°00'00" West for a distance of 68.75 feet; thence run South 45°00'00" West for a distance of 800.00 feet, thence run South 45°00'00" East for a distance of 68.75 feet, thence run North 45°00'00" East for a distance of 800.00 feet to the point of beginning and to close. All land lying and being in St. Lucie County, Florida and containing 55, 000 SF (1 ,263 acres), more or less. Excluding A parcel ofland lying in and being a part of Section 30, Township 34 South, Range 40 East and being more particularly described as follows: From the Southeast corner of Section 30, Township 34 South, Range 40 East, run North 00029'02" East along the East line of said Section 30, a distance of 2065.21 feet to the intersection of the Southerly edges of the SouthwestINortheast and the SoutheastINortheast taxiways; thence run South 450:29'33" West along the souhterly edge of the SouthwestIN ortheast taxiway, a distance of 48 9.00 feet to a point; thence run South 44°30' 41 " East, a distance of 327.41 feet to the point of beginning, and extending thence (1) South 44°30'41" East, a distance of 57.00 feet to a point in the Westerly line of the Airport Terminal Access Road, thence (2) South 000:29'02 " West along said Westerly line, a distance of 303.18 feet to a point, thence (3) South 44°59'50" West, a distance of252.79 feet to a point, thence (4) North 000:29'02" East, a distance of286.72 feet to a point, thence (5) North 16°54'54" East, a distance of 148.21 feet to a point, thence (6) North 45°31'26" East, a distance of 134.25 feet to the point of beginning. Containing within said bounds, 64,572 SF (1,482 acres), more or less. All of the above subject to easements and/or Rights-of-Way of record. EXHIBIT "A" PAGE 2 OF 8 ~ ....., PARCELB A parcel ofland lying in and being a part of Section 30, Township 34 South, Range 40 East and being more particularly described as follows: Beginning at the southwest comer of Section 29, Township 34 South, Range 40 East run south 89°1 '34" east 30.00 feet to a point lying on t he south line of said section, thence run north 00~6'26" east 625.22 feet parallel to the west line of said section to a point; thence run south 87°51'34" east 36.09 feet to a point; said point being the Point of Beginning; from said Point of Beginning run south 87°51 '34" east 668.83 feet to a point; thence run north 45°15'26" east 515.68 feet to a point; thence run north 44°42'34" west 1 ,314.92 feet to a point; said point being the P .C. of a curve concaved to the west, having a delta angle of 30°04' and a radius of 1,294.52feet; thence run in a southerly direction along the arc of said curve 678.55 feet to a point; said point being the P.T. of said curve; thence run south 45°17'26" west 100.00 feet to a point; thence run south 00° 22'26" west 100.00 feet to a point; thence run south 00~2'26" west 540.00 to a point; said point being the Point of Beginning. All lying in Section 29, Township 34 South, Range 40 East, S1. Lucie County, Florida. All of the above subject to easements and/or Rights-of-Way of record. PARCELC A parcel ofland lying in and being a part of Section 30, Township 34 South, Range 40 East, and being more particularly described as follows: Commencing at the Southeast comer of Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida; thence run N 00°00' 16" W, along the East line of the Southeast 1/4 of said Section 30 for a distance of 2665.52 feet to an iron rod at the existing centerline intersection of Runways 4 and 14, of the St. Lucie County International Airport; thence run S 45° 00' 00" W along the existing centerline of Runway 4 for a distance of 464.00 feet' thence S 45° 00' 00" E for a distance of 11.0 feet to the Point of Beginning; thence run N 45° 00' 00" W for a distance of 600.00 feet' thence run S 45° 00' 00" W for a distance of 800.00 feet; thence run S 45° 00' 00" E for a distance of 600.00 feet' thence run N 45° 00' 00" E for a distance of 800.00 feet to the Point of Beginning and to close. All of the above subject to easements and/or Rights-of-Way of record. PARCEL D: Parcel ofland lying in and being a part of Section 30, Township 34 South, Range 40 East and being mor particularly described as follows: Commencing at the Southeast comer of Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida; thence run N 00° 00' 16" W, along the East line of the Southeast 1/4 of said SEction 30 for a distrance of 2665.52 feet to an iron rod at the existing centerline EXHIBIT "A" PAGE 3 OF 8 \..i """ intersection of Runways 4 and 14, of the St. Lucie County International Airport; thence run S 45° 00' 00" W, along the existing centerline of Runway 4 for a distance of 1364.00 feet' thence S 45° 00' 00" E for a distance of 11.00 feet to the Point of Beginning; thence run N 45° 00' 00" W for a distance of 990.00 feet; thence run S 45° 00' 00" W for a distance of 440.00 feet' thence run S 45° 00' 00" E for a distance of 990.00 feet thence run N 45° 00' 00" E for a distance of 440.00 feet to the Point of Beginning and to close. All of the above subject to easements and/or Rights-of-Way of record. PARCEL E: Commencing at the Southeast Comer of Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida; thence North 00° 00' 16" West, along the East line of the Southeast 1/4 of said Section 30, a distance of 2665.52 feet to an iron rod at the existing centerline intersection of Runways 4 and 14, of the St. Lucie County International Airport; thence South 45° 00' 00" West, along the existing centerline of Runway 4, a distance of 464.00 feet; thence North 45° 00' 00" West a distance of 589.00 feet to the Point of Beginning; thence continuing North 45° 00' 00" West a distance of 600.00 feet; thence South 45° 00' 00" West a distance of 800.00 feet; thence South 45° 00' 00" East a distance of 600.00 feet; thence North 45° 00' 00" East a distance of 800.00 feet to the Point of Beginning. All of the above subject to easements and/or Rights-of-Way of record. EXHIBIT "A" PAGE 4 OF 8 \...i '-' LEGAL DESCRIPTION OF LEASED PREMISES PARCEL A: A parcel ofland lying in and being a part of Section 30, TO\VIlship 34 South, Range 40 East, and being more particularly described as follows: . .. - From the Southeast corner of Section 30, TO\VIlship 34 South, Range 40 East, run North 0°39'02" East along the east line of said Section 30 a distance of 2,064.10 feet to the intersection of the southerly edges of SWINE and the SE/NW taxiways; thence run South 45000'00" West along the southerly edge of the SWINE taxiway a distance of 489.00 feet to a point, -said: point being the Point of Beginning; thence continue south 45°00'00 west a distance of 1, 103.67 feet more or less to a point lying on the east line of the south clearance zone for the north/south runway of the St. Lucie County International Airport; thence run south .05°12'38" east along the easterly line of said clearance zone a distance of 172.71 feet more or less to a point, said pointþeing the northwest comer of a tract of land as described in OR Book 100, Page 173, Public.Records of St. Lucie County, Florida, thence run south 890:29'58" east a distance of 655.15 feet to a point, said point lying on the north line of a tract ofland as described in OR Book 100, Page 173, Public Records of St. Lucie County, Florida; thence run North 45°00'00" east a distance of 539.35 feet to a point, said point lying on the westerly RJW of the St. Lucie County International Airport terminal access road as conveyed by the Fort Pierce Port and Airport Authority to St. Lucie County, Florida, as described in OR Book 49, Page 216, Public Records of St. Lucie County, Florida; thence run north 0<>29'02" east along the westerly RJW line of aforementionedtenninal access road a distance of304.98 feet to a point, thence run north 45°00'00" west a distance of 384.35 feet to the point of beginning, all lying in Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida. and A parcel ofland lying in and being a part of Section 30, TOWTIship 34 South, Range 40 East and being more particularly described as follows: From the Southeast comer of Section 30, Township 34 South, Range 40 East, run North 000:29'02" East along the East line of said Section 30, a distance of 48.00 feet to a point; thence run North 890:29'58" West, a distance of 74.00 feet to a point in the West line of Airport Terminal Access Road; thence run North 000:29'02" East along the West line of Airport Terminal Access Road, a distance of 776.86 feet to a point; thence run North 890:27'43" West, a distance of 177.22 feet to the point of beginning and extending thence (1) North 89<>27'43" West, a distance of 137.02 feet to a point, thence, (2) North 44°59'50" East, a distance of 195.44 feet to a point, thence, (3) South 00<>29'02" West, a distance of 139.50 feet to the point of beginning. EXHIBIT "A" PAGE 1 OF 8 ~ . ~ ""'" / / LEGAL DESCRIPTION (parcel F) A parcel ofland situate in Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida, more particularly described as follows: COM:MENCE at the Southeast Corner of Section 30, and run North 0° 29' 02" East along the East line of Section 30, a distance of 2065 .21 feet to the intersection of the Southerly edges of the SouthwestINortheast and the SoutheastfNorthwest taxiways; thence run South 45° 29' 33" West, along the Southeasterly edge of said SouthwestfNortheast taxiway, a distance of 1575.48 feet to a point, thence run North 44° 23' 26" West, a distance of130.01 feet to the POINT OF BEGINNING, and extending thence (1) North 44° 23' 26" West, a distance of420.00 feet to a point, thence (2) South 45° 36' 34" West, a distance of390.00 feet to a point, thence (3) South 44° 23' 26" East., a distance of 420,00 feet to a point, thence (4) South 00° 09' 14" West, a distance of 165.96 feet to a point, thence (5) South 89° 50' 46" East., a distance of277.96 feet to a point, thence (6) North 00° 09' 14" East, a distance of 439.53 feet to the POINT OF BEGINNING. Containing within said bounds, 5.692 acres (247,949 SF). By, Robert J. Sippel, PLS # 3793 Vice President Revised June 19, 2000 EXHIBT "A" PAGE 5 OF 8 \..I "-" LEGAL DESCRIPTION' (parcel N!) A parcel ofland situate in Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida, more particularly described as follows: CONfMENCE at the Southeast Corner of Section 30, and run North 00° 00' 16" West, along the East line of Section 30, a distance of2665.52 feet more or less to the centerline intersection of runways 4 and 14; thence run South 45° 00' 00" West along the existing centerline of runway 4, a distance of 464,00 feet to a point; thence run North 45° 00' 00" West, a distance of 1257.75 feet to the POINT OF BEGINNIN"G, and extending thence (1) North 45° 00' 00" West, a distance of531.25 feet to a point, thence - (2) South 45° 00' 00" West, a distance of578.05 feet to a point, thence (3) South 89° 44' 16" West, a distance of 490.70 feet to a point, thence (4) South 00° 15' 44" East, a distance of 410.00 feet to a point, thence (5) South 89° 54' 00" East, a distance of 588.20 feet to a point, thence (6) South 45° 00' 00" East, a distance of 168.75 feet to a point, thence (7) North 45° 00' 00" East, a distance of800.00 feet to the POINT OF BEGINNING. Containing within said bounds, 13.932 acres (606,857 SF). Prepared by: Velcon Group, Inc. Engineers and Surveyors Po St. Lucie, Floro / ~----------- --------------------- By, Robert J. Sippel, PLS # 3793 Vice President Revised May 19, 2000 EXHIBIT "A" PAGE 6 OF 8 '-' ....", LEGAL DESCRIPTION (parcel P-A) A parcel ofland situate in Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida, more particularly described as follows: CO!vflvIENCE at the Southeast Corner of Section 30, and run North 0° 29' 02" East along the East line of Section 30, a distance of 48.00 feet to a point, thence North 89° 29' 58" West, a distanceof74.00 feet to a point in the Westerly line of Curtis King Boulevard, thence North 0° 29' 02" East along the Westerly line of said Curtis King Boulevard, a distance of711.43 feet to a point, thence North 89° 27' 43" West, a distance of90.00 feet to the POINT OF BEGINNING, and extending thence - (1) North 89° 27' 43" West, a distance of 480.00 feet to a point, thence (2) South 00° 32' 1 T' West, a distance of 190.00 feet to a point, thence (3) South 89° 27' 43" East, a distance of 480,00 feet to a point, thence (4) North 00° 32' 17" East, a distance of 190.00 feet to the POINT OF BEGINNING. Containing within said bounds, 2.0937 acres (91,200 SF). By, Robert 1. Sippel, PLS # 3793 Vice President Revised May 19,2000 EXHIBIT "A" PAGE 7 OF 8 , !' t ",-", , ~ ....,.¡ LEGAL DESCRfPT10N PARCEL 0 (COMMON DRIVEWAY EASEMENT) " FROM THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, RUN NORTH 00°29'02" EAST ALONG THE EAST LINE OF SAID SECT10N 30, A DISTANCE OF 48.00 FEET TO A POINT; THENCE RUN NORTH 89°29'58" WEST, A DISTANCE OF 74.00' TO A POINT IN THE WEST LINE OF AIRPORT TERMINAL ACCESS ROAD; THENCE RUN NORTH 00°29'02" EAST ALONG THE WEST LINE OF AIRPORT TERMINAL ACCESS ROAD, A DISTANCE OF 726.86' TO THE POINT OF BEGINNING, AND EXTENDING THENCE ;4 (1) NORTH 00°29'02" EAST ALONG THE WEST LINE OF AIRPORT TERMINAL ACCESS ROAD, A DISTANCE OF 50.00 FEET TO A POINT, THENCE ' (2) NORTH 89°27'43" WEST, A DISTANCE OF 314.24 FEET TO A POINT, THENCE (3) SOUTH 44°59'50" WEST, A DISTANCE OF 70.05 FEET TO A POINT, THENCE (4) SOUTH 89°27'43" EAST, A DISTANCE OF 363.36 FEET TO THE POINT OF BEGINNING. CONTAINING WITHIN SAID BOUNDS 16,940 SF (0.389 ACRES), MORE OR LESS. PREPARED BY: VELCON GROUP, INC. ENGINEERS AND SURVEYORS PORT f2Q'171DA ROBERT J. SIPPEL, P.L.S. #3793 EXHIBIT "A" PAGE 8 OF 8 . , r '- '-" -....I '~........J N 0"ò QP ,~ ~.oo ocP Þ'0 V? '?Oß 'Pf'>-...RC.'ë.\..... C 11 $'(jJ " II 00 <9.9 . , 4.- ~ " '. ". -," '. ".., j ~AS1"" r ~ / or ",P r.D.a. -ò I . . :;'0 Î ~~ '. ~þ<.' 1 &" ~.. ~ ~I ..::1, 3='-'1 / . "'1 "- "'!, . ",..' -....: . : -11';1 : II :/·....·0 ':1 . .... U 011'; . ·'-:J·o ::1,1 . . o~..\ i . I ..'. : ".,., : I . I /:":. " ,":: , .t-.. . ;J .~ en JW ,a: u c,; -.c 116 ~~ .... ~§ ,on '" I (" sr. LUCIE: /1:00NTÝ·.)JfIJ'OI1T / .... /.'. .I .- .' .H .. '4' . . .....,..... .: ....;4 ';~~~ . ..~:~:~. , . :~::. H.P/EnCE POtTT & NnPOnT ,lUTl/onlrr IIJHXXJHXXJ/4) O(UPT ¡ I 1'1 ; I 1 I I QI ~I I 1 1 1= . II d2 1.0 ,:. \ \ (11 r~ I.. ~ \\ leD "\~.6·~ ,l,c \''7.11~ v: r 0 ,,~,~~"j¡ ~ I a.. ~ I " 1 ~"I 001 ...~ I ~ØlI I';' . 'J I~ g~1 I~;:Z:~ : I c-- ~ I '. "', . . '.. : ...' ~ : " I .. .... .:;..'. ; . ,. , I ",' ~ soui~~"'S\ :Cr:1R. ~I:CT. :-30 \: _::::~"~:~=~c;~~~,~~~s~::~;~~i;C'~~~~~~~.~.~.~.~~~:~;~:~::.~..~:~~ C_ - - ___I:::: ::~' .~ \ 'd 9 r. <J u.I lP, ~ :) r- ef' ¡( \,µ :. ;".:,. I I . I -~ I I \ I I I I I I 110.60 N. .' . ............................. . ..................... ............................... . PARCEL 0 LANO TO DE A COMMON DRIvEWAY EASEMENT 16.2.10 SF, 0,309 ACRES ,'. RQQ ;;KETCH TO ACCOMPANY LEGAL DESCRIPTIONS (nus IS NC T A SURVEY AND IS NOT TO SCALE) EXHIBIT "B" Page 1 of 4 VELCON GROUP,IN'C. ENGINEET1S AND SURVEYORS Oy: T10bert J. Sippel, P.L.S. No. 3793 (c.) :> ,?A.Rc..'ï::..'- C. 'è EP-- '? \ NG 'ò po.., S 'ë. .~ \. "u ,.1. I: i 11 ~ ~, ~ ~ ,L -1/ \)- ~ ""-, .._#" ( '" oti u:> o '" S 00'09'14" W 165.96' ~ S 89'50'46- E 277.96' .- -.. ---..-.--.-..-..--..- .- ,-_..' '.. .-.,. _\ w N 0 "" '" a 0 z ~ -J CX) (!J 0 .., ~ z 0 ~ ¡:: u w V1 CI) u.. ¡:::: 0 w § Z ::; >- () ...J a: w .... V1 " W '.. 'oO\:~--: ~:::-=:::oO=-_-'::-'::=----=---=] \.. 100' ACCESS RIGHT OF WAY WlI"H 24' ASPHALT LEGEND SYMBOL 30 ,29 31 32 o SET ROO & CAP LB/I 4942, UNLESS Of HER WISE NOTED SECTION 30; TOWNSHIP 34 SOUTH; RANGE 40 EAST POINT OF COMMENCEMEN SOUTHEAST CORNER SECTION 30 REVISIONS )1 DAlE DESCn'PIJON ~.r 6 1 9 00 Rf)J1SED LEASE SKETCH --- VELCON GROUP, INC. ~ PLS#3793 LVC'flC!!lS i JtI1frrrr"u ro"r S1'. LlJC/X. Ft.OIf!nA SCALE: SHEa SPECIAL PURPOSE SURVEY TO ACCOt.fANY LEASE AGÆRÐIT FREIGHT TERMINAL 00-037 I'~ 200' TITLE: PROJECT: .J08 No,: DATE: --,- .....~-._- _._...~.__.#~.._....-..,-,,--,-,--,##, .5/1.9/00 :~ . .:.: \" .' ..... . .. , ;~ . oO' .-0" ....( ~ ....- .. '. . . - .;-. .... " EXHIBIT "B" page 2 of 4 v ......" " , I 1- , ,/" TowER LOCA nON //[ J ,".. \- 5 89'44'16'" W 490.70' '" "-" .. , "" VI o o ... -: 0 VI· '0 ... 0 .... . PARCEL M 606,857 ,q.ft. 13.932 acres S 45'00'00- E 168.75' , , ,., "'. " '<0,00' '- 58a.20' ~~____rs--a9'54_'Gg::..h--:::---..... I ................. ' g --".~. g ......~" " ,; . . z g~ åCft 0. ~ ~ ~. ....:. . .~ ..~ ~ ç:) ~ -. CXJ 0 ", <!) z 0 ~ ~ u w ~ U1 ... ~ 0 w '. j-.: Z ::¡ § >- -' a:: () w I- VI « .... 30 , 29 ~ 31 32 SYMBOL LEGEND POINT OF' COMMENCEMENT SOUTHEAST CORNER SEcnON 30 o SET ROD & CAP LSU 4942. UNLESS OTHERWISE NOTED SECTION 30; TOWNSHIP 34 SOUTH; RANGE 40 EAST ,'. VELCON GROUP, INC. ~ Robert ..!. Sippel PlS#3793 ',vt:ltfllltS . JU1fJTYOß$ POn' n. l.ucrr. FtnRJ"A ~y REVISIONS DAfE DE SCRIP nON SCALE: SHEET ,'" = JOO' TITLE: PROJECT: JOB No.: SPECIAL PtJ1POSC SlItm TO ACCOII'AHY LEASE AtHBENT MIRABELLA 94-145 1 DATE: 5/19/00 1 EXHIBIT "B" Page 3 of 4 POIN T OF ) l j l BE""'" ( _ _~ l~ ~ ~ ) o /Q} ~ ã -'t; ~ ~ ;:. !t ts f¡ U' : .~ '-" ",' - Z88 IS' 4-80,00' " 191.85' f~ 89'27' 4}" W o o cj (J> o o a '" 3< PARCEL P-A 91,ZOO sq, It. Z,09J7 acres w . ,.... N '" 2> o V1 . ,.... N ,.., a a z '- S 89'27' 4J- E 480,00' -' N 89'27' 4J" W 90,00' SYMBOL LEGEND N 89'29'58- W 74,00' N 00'Z9'OZ- E 48,00' o SET ROO & CAP L8u 4942. UNLESS OTHERWISE NOTED ""'" h ,,' .~ . , " w .. . \; <.1: :; ....- ,,' , , w . N o èn N o o z 0 ", ." '" Z 0 ¡:: u UJ V1 C "- 0 w z ::ï >- V1 "' UJ -, .' [ ...... \ ., :.' POINT OF COMMENCEMENT SOUrnEAST CORNER SECTION JO SECTION 30; TOWNSHIP 34 SOUTH; RANGE 40 EAST .' BV REVISIONS SCALE: ~ATE OESCRIPnON TITLE: PROJECT: JOB No,: SPECIAL PæPOSE St.WEY TO ACCOU'AHY LEASE AœæE1fI' PAN AM INTERNATIONAL FLIGHT ACADEMY 97 -228 SHEa 1 /" = /00' ..- DATE: 5/19/00 VELCON GROUP, INC. ~ rHGIIf'EIU It SUlfYryaU 1'O/lr $T. UlCIL rtiJlUDA 1 EXHIBIT"B" Page 4 of 4 .. .'\..f ( ....." 7.:)0323 RESOLUTION NO. 86-07 A RESOLUTION MODIfYING RESOLUTION NO. 78-3 WHICH ESTABLISHED GENERAL RULES AND REGULATIONS GOVERNING COMMERCIAL ACTIVITIES AT THE ST. LUCIE COUNTY AIRPORT; ADOPTING GENERAL ROLES AND REGULATIONS GOVERNING COMMERCIAL ACTIVITIES AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT I2-RecDf ~".)",. (Ió '\.... (/. . _ .U'I",,';J WHEREAS, the Fort Pierce Port and Airport Authority has made the following determinations: 1. Resolution No. 78-3, adopted May 9,1978, established General Rules and Regulations Governing Commercial Activities at the St. Lucie County Airport. 2. The number and variety of commercial activities located - and desiring to locate at the St. Lucie County International Airport has increased since the adoption of Resolution No. 78-3 and will continue to increase ~n the future. 3. It is necessary to adopt updated General Rules and Regulations Governing Commercial Acitivities at the St. Lucie County International Airport to regulate more effectively present and future commercial activity at the airport. NOW, THEREFORE, BE IT RESOLVED by the Fort Pierce Port and Airport Authority: 1. Resolution No. 78-3 establishing General Rules and Regulations Governing Commercial Activities at the St. Lucie County Ai rport is hereby modif ied. Where the General Rules and Regulations Governing Commercial Activities at the St. Lucie County Airport are consistent with the attached "Rules and Regulations Governing Commercial Activities at the St. Lucie County International Airport", Resolution No. 78-3 remains in e:fect. ,., -- I."' b .Ra:rI1 Exhibit "C" Pi'lce 1 of 7 -yct 0) o :¡¡ OJ o g ..... o \D f-I o 'U ~ G1 tt1 f-I W f-I o '"'-' , . .....", 2. The attached "Rules and Regulations Governing Commercial Activities at the St. Lucie County International Airport" be and the same are hereby adopted by reference. After motion and second the vote on this resolution was as follows: Chairman Jack Krieger Aye Vice Chairman Jim Minix Absent Commissioner E. E. Green Aye Comm{ssioner R. Dale Trefe1ner Aye Commissioner Havert L. Fenn Aye PASSED AND DULY ADOPTED this 20th day of October, 1986. - ATTEST: FORT PIERCE PORT AND AIRPORT AUTHORITY ()¿ I/r- CHAIRMAN ' / APPROVED AS TO FORM AND CORRECTNESS: BY: " i. . " ,. ". \,\ , .~':'~~; G~~J 1~~ ~ ASSISTANT COU Y ATTORNEY 7J0323 (j "86 NOY -5 AlO:55 F Il ë..~ ,;.~; , R 0 G ,:- -: ¡; ¡Í I·~ " .. ..., -' ...: '"_' '. .,.o-J... _' ,"' ST. ,-uc.t. t..; :;;:, :;..' ._, - - ;" ',~~ -~ ;', .~: ¡-! I h-~ " EXHIBIT "C" o ::::1 t:é o o ~ o ~ -1 o 'ï:! ~ ø tr] -I W -I -I .. ~ .. "- . ~. ,..,.. j '" GENERAL RULES AND REGULATIONS GOVEF~ING COMMERCIAL AcrIVITIES AT TEE ST. LOCIE COa~"'TY INTERNAT IONAL AIR-PQRT The Fort pierce Port and Þ.irport Authorit~, as .the governing agency controlling tbe St. Lucie County In....ernatlonal Airport, bas, in the public interest, tbe right to: 1. Impose fair and reasonable operating requirements and standards for commercial activities which are conducted upon airport property. 2. Impose fair and reasonable fees, rents, or otber charges, for the privilege of conducting commercial activities upon airport property, the proceeds to be used. to pay for operating, maintenance, and development expe~ses of the airport. - No person, group of people, firm, or corporation shall locate a commercial business activity within the boundaries of the St. _ Lucie County International Airport without the written approval of, or under the specifië terms and condi tions of, a lease agreement with the Fort pierce port and Airport Authority and, as necessary, approved by the Federal Aviation Administration. Any leaseholàer of airport property shall be referred to as an airport tenant. The Fort Pierce Port and Airport Authority shall lease no airport land, building, terminal building space, or other airport property except for aviation related or aviation supportive purposes which are intended to serve the general public and not for the exclusive personal use of the tenant. No one shall enter upon airport property for the purpose of conàucting any commercial activity that is competitive to any existing airport tenant without the written approval of the Fort Pierce Port and Airport Authority and, when necessary, the Feàeral Aviation Aàministration. This rule shall not be construed so as to deny suppliers, salesmen or service people the right to enter onto airport property to conduct business with airport tenants, the Fort Pierce Port and Airport Authority, or wi th the general public under condi tions that are not competi tive to airport tenants. Nor shall this rule be so construed so as to òeny ñonscheduled commercial aircraft which are based at other airports from operating to or from the st. Lucie County International Airport. When requested to åo so, potent(~l tenants of airport property or tbose persons \."ho requE:st wri tten approval to conduct a commercial activity upon airport property shall satisfy the Fort Pierce Port and Airport Authori ty that they are technically and financially able to conduct or perform, on a continuing basis, -1- ~-Recrrrf EXHIBIT "C" Page 3 of 7 o :::c t¡ o o ;:: o \0 f-1 o "d :Þ ø tt:I f-1 W f-1 N .. 4 '-' , '''-' the co~mercial ac~ivity for which the proposed lease agreement or written approval is intended. No airport public terminal b~il..d,ing space shall be leased to anyone for the purpose of conaucl...~ng any commercial aeronautical activity except a scheduled airline service as defined by the Feåeral Aviation Administration. Airport tenants shall be classified as either a fixed base operator or a single activity tenant. Any airport tenant who is a fixed base operator shall have the right to engage in any commercicÜ aviatio...n .r..el~te~ or supportive activity to whatever extent or level tha... ~'- aes~res so long as that activity is in compliance with applicable rules and regulations. All site åevelopment by a fixed base operator shall, unless. otherwise modified by these Rules and Regulations or restrictedO by Federal Aviation Aàministration Regulations, be in accordance with all applicable st. Lucie County Regulations. A fixed base operator. shall provide, at a minimum, the fòllowing: site; Minimum of ten acres .Interior ll.ircrart storace: A minimum of 12,000 square feet of aircraft storaqe (assume 1,200 scruare feet recruired per aircraft) ~n a cov~ntional hanger faëility - - or a minimum of 10 T-hangars for medium size aircraft. These facilities shall meet the requirements of the Standard Building Code and be approved by both the Fort Pierce Port and .Þ-_irport Authority and the st. Lucie County Building Department prior to the issuance of any Building Permits. These facilities shall be complete within 12 months of execution of a lease agreement between the Fort Pierce Port and Airport Authority and the fixed base operator. Exterior ll_; rcraft Storaqe: A minimum of 30 aircraI:'C. shall be able to be stored on the exterior portions of the si te. A total of 3,600 sauare feet of storaqe space shall be required per aircra{t. storage areas ¿annat include any taxiways or other required areas, ie; auto parking area, landscape strips, etc. SUDDort Services: A minimum of 5,000 square feet of interior floor area shall be designated for aeronautical activities such as, but not limited to, aircraft maintenance, aircr aft parts sale s, etc. In addi tion, . the fixed base operator shall provide sufficient office and lounge ar eas as required. Restr oom ~ ac il i tie s shall be provided in accordance with the requireme~ts of the Standard Building Code. The facili ties shall be complete wi thin six months of. execution of a lease agreement between the Fort Pierce Port and Airport Authority and the fixed base operator. -2- ;~-Reart EXHIBIT "C" Page 4 of 7 o ::c OJ o o ..- ~ o \0 f-l o "t1 :t:o ø tr1 ~ W ~ W .III I" .', ," . ;.--- ~ I' ......, '-' The fixed base operator shall proviòe for retail sale of aviation fuel and~oil. ~ll fuel and oil storage tanks shall be capable of holding, at a mini~um, an amount .equal to the holdiñg capacity of a fuel tanker truck, approx~mately 8,000 Gallons.' These fueling and storage facilities shall be ~onstructed to the requirements of Florida Department of Environmental Regulations and the St. Lucie County Fire l"lar sha.l. The fixed base opera.tor shall proviòe an attenòent on òuty and on the pr emi se s f or a mi nimum of ten con se cuti ve ho ur s per day. In' aòdition to the above, the fixed base operator shall prov~ae for two other aeronautical related activi ties as defined by the Federal Aviation Aàministration. ~oto~-Vehicle Parkina; _ Except as herein modified, the fixed base operator shall meet the requirements of Section 3.2.500 of the st. Lucie County Zoning Ordinance. þ... The fixed baseope'tato,r shall provide, at a minimum, 30 motor vehicle parking spaces. B. The fixed base operator shall use the following standards in determining the parking requirements for these operations: (i) Interior floor area - 1 space per 2,400 square feet gross floor area. (ii) Exterior storage area - 1 space per 7,200 square feet aircraft storage area. The fixed base ope rator may apply the 30 mJ..n:!_mum spaces to this overall parking requirement. A fixed base operator may rent or sublease portions of its leasehold property for aviation related or aviation supportive purposes, but before entering into any sublease agreement, shall obtain the written approval of the Fort Pierce Port and Airport Authori ty and, when necessary, the Fede r al Aviation Administration. No commercial activi ty shall be conducted upon any airport property that is leased to an airport tenant without the tenant's permission. The term Fixed Base Operator shall include any and all of its sub-tenants. An airport tenant who is not a - Fixed Base operator shall be classified a single activi ty tenant and shall not be allowed to conduct more than one commercial activity. -3- ".... " J':',-.N"Mj~ , t: 1.:~~t1 EXHIBIT "C" Page 5 of 7 , .' . .... o ::¡¡ OJ o o :t:: o \D ~ o >U ;::. G1 tt] ~ W ~ ~ t' I ., /,-" Y .,.-, '-" Single Activity Airport Tenants shall supportive si>1g1e activi ty tenants or activity tenants. be su~-classified as as aeronautical single The intentio~ of these minimum standards is that all commercial aeronautical activities are to be conducted by Fixed Base operators on the airport or by sub-tenants of the Fixed Base O-oerators. No prospective commercial aeronautical single activity to be conducted upon the airport shall be approved by the Fort pierce port and Airport Authority unless: 1. No Fixed Base Operator is conducting that particular aeronautical activity and no Fixed Base Operator has the intention to conduct that particular commercial aeronautical activity on the airport, or - Port and Airport Authority considers particular aeronautical single -activity special benefit to the airport. If there is no existing single activi ty tenant of - the same kind on the airport, the provis~ons and requirements to be contained in the lease agreement with a prospective single activity tenant shall be determined by the Fort Pierce port and Airport Authority and shall ãepend upon the intended commercial activi ty to be conducteã. 2. The Fort pi erce approval of that shall be of some Any prospective single activity tenant who would become a competitor to any existing single activi ty tenants of the same kind shall be required to provide at least an equivalent amount of airport land, similar operational facilities, and a similar capability or level of service as required by the lease agreement wi th the smallest existing single activi ty tenant of the same kind. IÜl single activity tenants shall proviãe an attendant to be on ãuty at their business premises on the airport for a minimum of eight regular consecutive hours per ãay five ãays per week, Monday through Friday. written approval giving a non-airport tenant permission to enter upon airport property for the purpose of conducting, on a continuing basis, a commercial activity which is competitive to a service offered by an airport tenant or tenants shall be granted only because of extraordinary circumstances or only for a purpose that the Fort pierce port and Airport Authority considers to be a special benefit to the airport. Such written permission shall be limited to one commercial activity. Any change of ownership of any lease or sublease of property shall require the written approval of the Fort Port and Airport Authority and, if necessary, the Aviation Administration. ai rport Pierce Federal -4- EXHIBIT "C" Page 6 of 7 ~..¡:-û~7 . ..)" t;~. . , '- o ::t1 tè o o :;::: o \0 ¡.J o 'ï::J :t:t G1 t::I ¡.J W ¡.J 01 . )' t .. . .,-", --w ;.21 buildings, struccures, or other improvements erected or olaced upon airport property by an airport tenant shall be constructed according to all local construction and building codes and must be approved by the Fort Pierce Port and Airport Authority and the Federal Aviation Aàministration. ;'.11 such buildinoS, structures, or other improvements shall revert to the Fort Pi~rce port and Airport Authority at the termination of the tenant I s lease. Any modifications or improvements made to any airport pro~rty or buildings must comply wi th all local construction codes, must be aooroved by the Fort Pierce port and Airport Authority, and, when n~ëessary, by the Federal Aviation Aàministration. !-.ny airport tenant or anyone conducting a commercial activity uoon airport property shall be responsible for complying with all Fèõeral,- State, and County laws and ordinances which apply to that comme.rcial activi ty. - - Any tenant or sub-tenant of airport property or anyone conducting a commercial activi ty on airport property shall be responsible for all expenses or other ;Liabilities involved in the operation of that cornmerci al activi ty and shall not cause the Fort Pierce Port and Airport Authority to be liable to anyone for any reason. - Any dispute concerning a violation of any of these rules or any dispute concerning the violation of any airport lease agreement that cannot be resolved by the Airport tttanager shall be resolved by the Fort Pierce Port and Airport Authority. ..}.-,~t:·:·"æ~79/T 8 .;¡,¡; .... ~ . '., . .. (") "") -. . . -'- \Ju :EO:;l~ ro 1:23 (f)/ ROGER PO" . . ., ';..,( . I ." l .\'\ S T. L U C W ;''''':' - :'.. ' _ _~.. ...., f. :.... -:::¡- ~~brCrxi . . - - . EXHIBIT "ç" Page 7 of 7 o ::c c¡: o o ;;::: o ~ }-l o '1j :Þ C1 t:1 }-l W }-l .0\ , .. . ~ ,-. """ EXISTING IMPROVEMENTS Building #: ~ Age 1993 Assessment 21 Warehouse & Hangar 1960 $ 55,430.00 22 Hangar 1976 $107,440.00 23 Hangar 1979 $ 45,380.00 24 Hangar & Warehouse 1960 $ 19,550.00 Exhibit "D" Page 1 of 1 " AGENDA REQUEST -....I ITEM NO. C-5B '-" DATE: October 1 0, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney Sl[BJECT: Ordinance No. 00-40 (Amending Chapter 1-11, "Library") - Permission to Advertise for Public Hearing BACKGROUND: See attached memorandum CA 00-1595 FUNDS AVAILABLE: N/A RECOMMENDATION: Staff requests permission to advertise for a public hearing on proposed Ordinance No. 00-40 on October 24, 2000 at 9:00 a.m. [X] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: /' Jh y Review and Approvals Management & Budget: X Other: .-SOC Purchasing: Originating Dept Other: Finance: (Check for Copy only, if applicable): _ '-' ...." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-1595 DATE: October 2, 2000 SUBJECT: Ordinance No. 00-40 (Amending Chapter 1-11, "Library") - Permission to Advertise for Public Hearing BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 00-40 which would amend Chapter 1-11 of the St. Lucie County Code of Ordinances and Compiled Laws regarding the library system. Under the proposed ordinance, the references to "Library Services Manager" would be changed to "Library Director" in accordance with the change in the position's title previously approved by the Board of County Commissioners. In addition, Section 1-11-4 would be amended to provide for the library advisory board's annual election of officers to be moved from November to January as requested by the advisory board. CONCLUSIONIRECOMMENDATION: Staff requests permission to advertise for a public hearing on proposed Ordinance No. 00-40 on October 24, 2000 at 9:00 a.m. Respectfully submitted, ~ð-~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Library Director '-" ...., ORDINANCE NO. 2000-40 AN ORDINANCE AMENDING CHAPTER 1-11 "LIBRARY" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTIONS 1-11-2, 1-11-3 AND 1- 11-4 TO REFLECT THE CHANGE IN THE TITLE OF THE LffiRARY SERVICES MANAGER TO LffiRARY DIRECTOR; FURTHER AMENDING SECTION 1-11-4 TO PROVIDE FOR THE ANNUAL ELECTION OF LIBRARY ADVISORY BOARD OFFICERS AT THE JANUARY MEETING OF THE BOARD; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, on December 5, 1995, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance No. 95-46, which recreated the St. Lucie County Public Library System and was codified as Chapter 1-11, "Library", Article I (In General) of the St. Lucie County Code of Ordinances and Compiled Laws; and, WHEREAS, pursuantto Section 1-11-3, the Board delegated the responsibility for operating and maintaining the Public Library System to the County Library Services Manager; and, WHEREAS, the Board has changed the title of the Library Services Manager to Library Director; and WHEREAS, pursuant to Section 1-11-4, the Board created the 81. Lucie County library advisory board and provided for annual election of officers at the advisory board's November meeting; and, WHEREAS, the advisory board has requested that the annual election of officers be conducted during its January meeting. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Struck through words are deleted. Underlined words are added. 1 '-" ....,; PART A. AMENDMENT OF SECTION 1-11-2 (CREATION OF COUNTY LIBRARY SYSTEM) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-11-2 (Creation of county library system) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-11-2. Creation of county library system. There is hereby re-created and established in St. Lucie County, Florida, a county public library system, which system shall be composed of all libraries and related facilities which may, from time to time, be incorporated into the system by the board of county commissioners. The board of county commissioners of St. Lucie County is hereby designated as the single library administrative unit and governing body responsible for providing public library service to St. Lucie County residents. As such, the commission board retains the authority to adopt policies, plans and budgets, and enter into contracts on behalf of the library. The head of the county public library system shall be the library serviees manager director, who shall report to be under the direct supervision of the county administrator or his designee. PARTB. AMENDMENT OF SECTION 1-11-3 (COUNTY LIBRARY SERVICES MANAGER) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-11-3 (County library services manager) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-11-3. County library servÏtes man.ager director. Responsibility for operating and managing the county public library systems shall be delegated to a county library services manager director qualified according to the standards established by the board of county commissioners of St. Lucie County, and Chapter 257, Florida Statutes. The county library services manager director shall have charge of the administration of the public libraries, subject to the review of the county administrator. The county library services manager director shall be considered 8ft ª nonvoting, ex-officio member of the library advisory board. The library serviees manager director will, as necessary, formulate policies and procedures Struck through words are deleted. Underlined words are added. 2 ~ -....J to provide a safe and conducive environment for the public enj oyment and use of the county library facilities. PART C. AMENDMENT OF SECTION 1-11-4 (CREATION OF THE LIBRARY ADVISORY BOARD) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-11-4 (Creation of the library advisory board) of the S1. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-11-4. Creation of the library advisory board. There is hereby created and established in this county a board to be known as the St. Lucie County library advisory board. (1) The St. Lucie County library advisory board shall consist of nine (9) members, six (6) appointed by said board of county commissioners and three (3) appointed by the Friends of the S1. Lucie County Library, Inc. All members are to be chosen for their interest in public library service. Library advisory board members shall serve for three-year staggered terms. Members will attend meetings regularly; and unless such absence has first been authorized by a majority of the advisory board, members who are absent for three (3) consecutive regular meetings or who fail to attend two-thirds 2/3) of the regular meetings in any twelve-month period shall be automatically dropped from membership. The library serviees manager director, on behalf of the library advisory board, will recommend an individual to the board of county commissioners for appointment to fill the term of the member leaving the advisory board. Members may not serve consecutively more than two (2) full terms. (2) The library advisory board shall elect a chairperson, vice-chairperson, and secretary from the appointed board members at the November January meeting of the board. A majority of the members of the cornmittee advisory board shall constitute a quorum sufficient to the holding of a meeting or taking of any action. A majority vote of the members present at any meeting shall be sufficient to enable the taking of any action. Special meetings of the advisory board may be called by the chairperson, by written notice signed by three (3) members of the committee advisory board or by action of the committee advisory board at any meeting, general Struck thr(}tlgh words are deleted. Underlined words are added. 3 (3) (4) PARTD. '-' 'wi' or special, upon no less than twenty-four (24) hours' notice. Minutes shall be kept of all meetings of the committee board, and all meetings shall be public. Members of the library advisory board shall serve without compensation, salary or remuneration of any nature; but the e;om:mÎssion board of county commissioners may provide in the annual county budget, sufficient funds for the reasonable and necessary expenses incurred by the advisory board or its members in the performance of the duties and functions prescribed by the provisions of this article. All such expenses shall be subject to approval by the board of county commissioners. The library advisory board shall be composed of citizens who are dedicated to t he purpose of providing a feasible, adequate public library system for St. Lucie County in cooperation with all other governmental entities, who will be in a position to furnish information, advice, counsel and recommendations to the board of county commissioners in respect to the appropriate means and methods by which adequate public library facilities and services may be provided, all of which shall be done within the framework of the county government in a sound financial basis for the use and benefit of all residents of St. Lucie County. The library advisory board shall work towards the development and implementation of sound programs for the county's public libraries through the mutual cooperation between the state, county and city governments and agencies, and shall coordinate efforts with non- governmental organizations interested in library facilities and service. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Strue;k through words are deleted. Underlined words are added. 4 '-'" ...." PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon its adoption. PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of 81. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this XX day of XX, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY g:\atty\ordnance\2000\OO-40. wpd Stru~k through words are deleted. Underlined words are added. 5 , ~ --- ~ AGENDA REQUEST ..... ITEM NO. C-5.C DATE: October 10,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SQBJECT: New Horizons of the Treasure Coast, Inc. - FY 2000-01 Agreements BACKGROUND: See attached memorandum CA 00-1607 FUNDS AVAILABLE: Account No. 001-6900-581030-600 (DCF Match) Account No. 109-2115-581030-200 (Bridge to Recovery) Account No. 107-2115-581030-200 (Forensics) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed agreements with New Horizons of the Treasure Coast, Inc., and authorize the chairman to sign the agreements. [X] APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: County Attorney: Originating Dept ðð./ flY Review and Approvals Management & Budget: Purchasing: Other: Other: Finance: (Check for Copy only, ¡fapplicable): _ ./ '-" '...I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-1607 DATE: October 3,2000 SUBJECT: New Horizons of the Treasure Coast, Inc. - FY 2000-01 Agreements BACKGROUND: Attached to this memorandum are copies of the following three agreements between the County and New Horizons of the Treasure Coast, Inc.: 1. Bridge to Recovery Program - Ongoing substance abuse program for inmates at the St. Lucie County Jail. The County will contribute twenty-eight thousand eight hundred forty and 00/100 dollars ($28,840.00) toward the program. The Sheriff will contribute the remaining thirty-two thousand and 00/100 dollars ($32,000.00) for the program. 2. Department of Children and Families - The County will provide local matching funds in the amount of five hundred thirty-eight thousand two hundred ninety-five and 00/100 dollars ($538,2295.00) pursuant to the contract between New Horizons and DCF. 2. Forensics Program - Mental health services for inmates at the St. Lucie County Jail referred by the County's Inmate Medical Officer. The cost of such services, including medications, will be eighty-nine thousand four hundred fifty-seven and 00/100 dollars ($89,457.00). Sufficient funds have been included in the FY 2000-01 budget for these expenditures. CONCLUSIONIRECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed agreements with New Horizons of the Treasure Coast, Inc., and authorize the chairman to sign the agreements. Attachments HY/ Copies to: '-" 'wi Respectfully submitted, f)t., ~ ~ Heather Young Assistant County Attorney County Administrator Community Services Director Finance Director Contracts Coordinator Grants Coordinator ~ 'wi AGREEMENT THIS AGREEMENT, made this day of A.D. 2000, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and NEW HORIZONS OF THE TREASURE COAST, INC., or its successors, executors, administrators, and assigns hereinafter called the" Recipient". IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: - 1. The County shall disperse to the Recipient grant funds in the total amount of five hundred thirty-eight thousand two hundred ninety-five and 001100 dollars ($538,295.00) as local matching funds pursuant to the 2000-2001 contract between the State of Florida Department of Children and Families and the Recipient for the provision of mental health and substance abuse treatment services to the residents of St. Lucie County, hereinafter referred to as the "DCF Contract", and incorporated herein by reference. Payment to the Recipient shall be made in equal quarterly installments in the amount of one hundred thirty-four thousand five hundred seventy-three and 75/100 dollars ($134,573.75), with the first payment within thirty (30) days after the date this Agreement is executed on behalf of the County. The remaining payments shall be due and payable on or before January 15,2001, April 15, 2001, and July 15,2001. 2. The grant funds shall be used only as set forth in the DCF Contract. The Recipient shall provide the County Community Services Director with quarterly reports setting forth the following infonnation: A. Number of clients served during quarter. B. Number of clients entering treatment during quarter. C. Cumulative number of clients served since October 1,2000. D. Type and number/hours of services provided during quarter. E. A copy of the match report filed with the Department of Children and Families for the previous quarter. The reports shall be due on or before February 1, 2001,May 1,2001, August 1, 2001, and November 1,2001. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the DCF Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, 1 ~ ......, of the expenditure of the grant within ninety (90) days after the end of its last fiscal year during which funds are expended under the DCF Grant Contract. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 2 '-" """ To the Recipient: New Horizons of the Treasure Coast, Inc. 4500 West Midway Road Fort Pierce, Florida 34981 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 12. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder; as provided for in Florida Statutes 112.311 (1999) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenthludicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 15. 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. 3 - .... '-' ......, IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: NEW HORIZONS OF THE TREASURE COAS~C. BY: Ltdt!JUt ;Ú/bJ PRESIDENT 4t~~¿~uc (SEAL) g:\atty\ment\contract\nh-dcf.OO. wpd 4 '-' '...."I AGREEMENT THIS AGREEMENT made this _ day of ,2000, between ST. LUCIE COUNTY, FLORIDA, 2300 Virginia Avenue, Fort Pierce, Florida 34982, a political subdivision of the State of Florida, (the "County") and NEW HORIZONS OF THE TREASURE COAST, INC., 4500 W. Midway Rd., Fort Pierce, Florida 34981, (the "Contractor"). WITNESSETH I. SCOPE OF SERVICES A. The Contractor will provide any inmate of the St. Lucie County Jail ("County Jail") referred to the Contractor by the County's Inmate Medical Officer the following services as required by such inmate and authorized by such medical officer: - (1) (2) (3) (4) (5) (6) Preliminary evaluation Full psychosocial evaluation Psychiatric evaluation Individual counseling Chemotherapy Crisis intervention B. The Contractor shall supply, at its own expense, all injectable medications prescribed by the Contractor's physician. In addition, registered clients of the Contractor, who meet criteria established by the Contractor, will be eligible for other medications prescribed by the Contractor's physician on a no cost basis. C. The Contractor shall provide in-service training for jail personnel concerning mental health procedure and practices upon request of the Sheriffs Department of Detention Director. D. The Contractor shall provide the County Community Services Director and the Sheriffs Department of Detention Director with quarterly reports beginning February 1,2001 setting forth the number of inmates treated by the Contractor, the type of services rendered in accordance with the categories set forth above in Section 1.A., and the number of prescriptions written by the Contractor's physician for inmates during the previous quarter. TI. TIME OF PERFORMANCE The parties acknowledge and agree that the Contractor has been providing the services described above continually from October 1, 1995, and will continue to perform such services in a professional and timely manner. Such services shall be provided twenty-four (24 ) hours a day, seven (7) days a week (Monday through Sunday). -1- ~ 'wi III. COMPENSATION The Contractor shall provide all required services and medications as described above at a total cost of eighty-nine thousand four hundred fifty-seven and 00/100 dollars ($89,457.00) to be paid in equal quarterly payments of twenty-two thousand three hundred sixty- four and 25/100 dollars ($22,364.25) per quarter. The first payment shall be due within thirty (30) days of the date this Agreement is approved by both parties. The remaining payments shall be due on or before January 15,2001, April 15, 2001, and July 15,2001. These charges shall include all equipment, supplies, prescription processing charges, insurance and all salaries or other compensationfor the Contractor's employees during the term of this Agreement. IV. TERM OF AGREEMENT The term of this Agreement shall be for one (1) year beginning on October 1,2000 through and including September 30, 2001. At the option of the Cmmty and the Contractor, this Agreement may be renewed for additional one year terms upon the same terms and conditions specified herein, provided, however, that the Agreement may be amended to reflect the renegotiation of terms and conditions acceptable to the County and the Contractor. - V. INDEl\iINŒICATION AGAINST CLAIMS The Contractor is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Contractor shall and will indemnify and hold hannless the County from and against any and all liability, claims, damages, expenses, fees, fmes, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services or the use or occupation of the S1. Lucie County Correctional Facility by the Contractor or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Contractor hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. VI. INSURANCE The Contractor shall, at its own expense, promptly procure and pay for and at all times maintain a policy or policies of professional insurance with coverage limits of not less than one million and 00/100 dollars ($1,000,000.00) for medical malpractice as a result of any act or occurrence. The insurance policy shall provide broad comprehensive general liability coverage, and it shall include personal injury, products and completed operations. The policy shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. The Contractor shall submit evidence of such insurance when returning the executed copies of this -2- '-' ....,¡ Agreement. Vll. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the persons giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested and addressed to: AS TO COUNTY: AS TO CONTRACTOR: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 Attention: Administration New Horizons of the Treasure Coast, Inc. 4500 W. Midway Road Fort Pierce, FL 34981 WIlli COpy TO: - St. Lucie County Attorney 2300 Virginia Avenue, Annex. Fort Pierce, FL 34982 VllI. TERMlliA TION Either party shall have the right to terminate this Agreement for any reason upon written notice provided to the other party thirty (30) days prior to the effective date of termination. Unless otherwise terminated as provided herein, this Agreement shall terminate on September 30,2000, unless extended as provided above in Paragraph IV. IX. ACCOUNTING OF SERVICES RENDERED The Contractor shall on a quarterly basis provide to the County an accounting of services rendered pursuant to this Agreement. The accounting shall at a minimum reflect the number of visits made to the downtown Jail and the Rock Road Correctional Facility by the Contractor, the number of patients seen by the Contractor, and the type of services administered. X. ANNUAL AUDIT The Contractor shall provide the County with a copy of its annual audit prior to the tennination of this Agreement. XI. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties and shall not be extended -3- '-" '...I modified except in writing. Xll. INTERPRETATION: VENUE In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereto subscribed and the Contractor has affIxed its name and seal the date aforesaid. ATIEST: BOARDOFCOUNTYCO~S~ONERS ST. LUCIE COUNTY, FLORIDA BY: cHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY NEW HORIZONS OF THE TREASURE COASTï(J- BY: ~ ur.kw ~ PRESIDENT ATTEST: (SEAL) g: \atty\agreemnts\contract\nh- forensics. 00. wpd -4- ~ 'wi AGREElVŒNT THIS AGREElVIENT made this _ day of , 2000, between ST. LUCIE COUNTY, FLORIDA, 2300 Virginia Avenue, Fort Pierce, Florida 34982, a political subdivision of the State of Florida, (the "County"). the ST. LUCIE COUNTY SHERIFF, 4700 West Midway Road, Fort Pierce, Florida 34982, (the "Sheriff'), and NEW HORIZONS OF THE TREASURE COAST, INC., 4500 W. Midway Road, Fort Pierce, Florida 34981, (the "Contractor"). WITNESSETH I. SCOPE OF SERVICES A. The Contractor will provide a substance abuse treatment and education program fa: inmates of the St. Lucie County Jail ("Cmmty Jail") referred to the Contractor without regard to race, color, creed, national origin, sex or economic status. B. If after conducting a substance abuse problem assessment for an inmate at the County Jail, the Contractor determines that the individual meets program eligibility requirexœnts, the County will make available to the individual the following range of services: 1. Full psychosocial evaluation 2. Individual counseling 3. Group counseling 4. Substance abuse evaluation 5. Substance abuse treatment and education 6. Residential setting. C. The Contractor shall provide all booklets and materials required to the existing subsidiary program, "Bridge to Recovery", currently supervised by the Sheriff as of October 1, 2000. D. The Contractor shall provide in-service trammg for County Jail personnel concerning substance abuse treatment procedures and practices at least annually or by specific request of the Department of Detention Director. E. The Contract shall submit quarterly reports to the St. Lucie County Community Services Director and the Department of Detention Director quarterly reports beginning February 1, 2001 regarding services provided during the previous quarter under this Agreement. The reports shall include, but not be limited to, the following infonnation for each quarter and cumulative totals of inmates served under the Agreement: -1- ~ 'wi 1. Number of clients served during previous quarter. 2. Number of clients entering treatment during quarter. 3. Cumulative number of clients served since October 1,2000. 4. Type and number/hours of services provided during previous quarter. II. TERl"\1 The term of this Contract shall begin on October 1, 2000 and shall continue through and including September 30, 2001, unless otherwise terminated as herein provided. Such services shall be provided twenty-four (24) hours a day, seven (7) days a week (Monday through Sun~). ill. ÇOMPENSATION The Contractor shall provide all services described above at a cost of thirty-two thousand and 00/100 dollars ($32,000.00) to be paid by the Sheriff, and twenty-eight thousand eight hundred forty and 00/100 dollars ($28,840.00) to be paid by the County. This total cost shall include all equipment, supplies, insurance, and all salaries or other compensation for the Contractor's employees. Payment shall be made on a quarterly basis in equal installments of eight thousand and 00/1 00 dollars ($8,000.00) from the Sheriff and seven thousand two hundred ten ani 00/100 dollars ($7,210.00) from the County. The fIrst payment shall be due within thirty (30) days of the date this Agreement is approved by both parties. The remaining payments shall be due on or before January 15,2001, April 15, 2001, and July 15,2001. IV. TERM OF AGREEMENT The term of this Agreement shall be for one (1) year beginning on October 1, 2000 through and including September 30, 2001. At the option of the parties, this Agreement may be renewed for one (1) additional one year term upon the same terms and conditions specified herein, provided, however, that the Agreement may be amended to reflect the renegotiation of terms and conditions acceptable to the parties. v . INDEMNIFICATION AGAINST CLAIMS The Contractor is and shall be an independent contractor, responsible to all parties for all of its acts or omissions, and the County and the Sheriff shall in no way be responsible for such acts or omission. The Contractor shall and will indemnify and hold harmless the County and the Sheriff from and against any and all liability , claims, damages, expenses, fees, fmes, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kinl and nature arising or growing out of or in any way connected with the use, occupations, adrrùnistration or control of the above described services or the use or occupation of the St. Lucie County Detention Center by the Contractor or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area, or resulting from injury to person or property , or a loss of life or property of any kind or nature whatsoever sustained during the term of this -2- .'-' '...I Agreement. The Contractor hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. VI. INSURANCE The Contractor shall, at its own expense, promptly procure and pay for and at all times maintain a policy or policies of professional insurance with coverage limits of not less than one million and 00/100 dollars ($1,000,000.00) for medical malpractice as result of any act or occurrence. The insurance policy shall provide broad comprehensive general liability coverage, and it shall include personal injury, products and completed operations. The policy shall provide a thirty (30) day notice of cancellation or non-renewal and a se\erability of interest endorsement. The Contractor shall submit evidence of such insurance when returning the executed copies of till; Agreement. Vll. NOTICES - All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the persons giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested and addressed to: AS TO COUNTY: WITH A COpy TO: St. Lucie County Administrator Administration Annex Building 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney Administration Annex Building 2300 Virginia Avenue Fort Pierce, FL 34982 AS TO SHERIFF: St. Lucie County Sheriff 4700 West Midway Road Fort Pierce, FL 34982 AS TO CONTRACTOR: Attention: Administration New Horizons of the Treasure Coast, Inc. 4500 W. Midway Road Fort Pierce, FL 34981 -3- '-' ,....,. VTII. TERl\iIINA TION Any of the parties shall have the right to tenninate this Agreement for any reason upon written notice provided to the other party thirty (30) days prior to the effective date of termination Unless otherwise tenninated as provided herein, this Agreement shall terminate on September 30, 2000, unless extended as provided above in Paragraph IV. IX. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes (1999), and made or received by the Contractor in conjunction with this Agreement. .. x. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required hereunder, as provided for in Section 112.311, Florida Statutes (1999), and as may be amended from time to time. The Contractor further represents that no persæ having any interest shall be employed for said perfonnance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall iœntify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notificationby the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Conttactor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Conttactor under the tenns of this Agreement. XI. ANNUAL AUDIT The Contractor shall provide the County and the Sheriff with a copy of its annual audit prior to the termination of this Agreement. -4- ~ """ XII. ENTIRE AGREElVlENT This Agreement contains the entire agreement of the parties and shall not be extended or modified except in writing. XllI. INTERPRETATION: VENUE In the event it is necessary for either party to initiate legal actionregarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court IN WITNESS WHEREOF, the County has hereto subscribed and the Contractor has affixed its name arid seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FOR.l\iI AND CORRECTNESS: COUNTY ATTORi'ffiY WITNESSES: ST. LUCIE COUNTY SHERIFF ROBERT C. KNOWLES -5- ..: A TI'EST: '-- /'~~~~ g:\atty\agrecmnts\contract\nh-bridge,OO.wpd - .....,. NEW HORIZONS OF THE TREASURE COAST, INC. BY: ltAw! ¡(¿¡¡h i. PRESIDENT (SEAL) -6- --¡ - -.' AGENDA REQUEST '-' ITEM NO. C-S.D '-' DATE: October 10,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Council on Aging of St. Lucie, Inc. - FY 2000-01 Grant Agreements BACKGROUND: See attached memorandum CA 00-1608 FUNDS AVAILABLE: Account No. 001-6900-582015-600 (Community Care for the Elderly) Account No. 001-6900-582015-600 (Older Americans Act) Account No. 001124-4910-582016-400 (Section 53û7 FY 99/00) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed agreements with Council on Aging of St. Lucie, Inc., and authorize the chairman to sign the agreements. [XJ APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: c.~~ Alto"'" 9f Originaling Dept. i. - ~3 é Review and Approvals Management & Budget: Purchasing: Other: Other: Finance: (Check for Copy only, if applicable): _ ,-,. .""" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-1608 DATE: October 3,2000 SUBJECT: Council on Aging of St. Lucie, Inc. - FY 2000-01 Grant Agreements BACKGROUND: Attached to this memorandum are copies of the following three grant agreements between the County and Council on Aging of St. Lucie, Inc.: 1. FTA Section 5307 Grant Contract - The County will provide thirty-two thousand and 00/100 dollars ($32,000.00)to the Council on Aging as local matching funds under the Federal Transit Administration Section 5307 Grant for the purchase ofvehic1es for Community Transit. The vehicles will be co-titled in the name of the County and the Council on Aging. 2. Community Care for the Elderly - The County will provide fifty-seven thousand nine hundred fifty-eight and 00/100 dollars ($57,958.00) as local matching funds under the 2000-2001 grant contract between the Council on Aging and the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. 3. Older Americans Act - The County will provide fifty-nine thousand eighty and 00/100 dollars ($59,080.00) as local matching funds under the 2000-2001 grant contract between the Council on Aging and the Area Agency on Aging of Palm Beachffreasure Coast, Inc. Each of these programs has been included in the fiscal year 2000-01 budget and funds are available for these expenditures. CONCLUSION/RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the proposed grant agreements with Council on Aging of St. Lucie, Inc.., and authorize the chairman to sign the agreements. Attachments HY/ Copies to: "-' '-' Respectfully submitted, ~~ Heather Y oungc:r- Assistant County Attorney County Administrator Community Services Director Finance Director Contracts Coordinator Grants Coordinator ~ '...I GR~'iT AGREE~ŒNT THIS AGREE~IENT, made this day of ,2000, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, lL"'iC., or its successors, executors , admirristrators, and assigns hereinafter called the "CoWlcil": IN CONSIDER<\.TION of the mutual benefits received by each part, the parties mutually agree as follows: - 1. The County shall disperse to the Council a grant in the total amount of fifty-nine thousand eighty and 001100 dollars ($59,080.00) as local matching funds pursuant to the 2000 Older Americans Act Grant Contract between the Council and the AIea Agency on Aging of Palm Beach/Treasure Coast:, Inc., hereinafter referred to as the "OAA Grant Contract". Payment to the Council shall be made in equal quarterly installments in the amount of fourteen thousand seven hundred seventy and 001100 dollars ($14,770.00), with the first payment within thirty (30) days after the date this Agreement is executed on behalf of the County. The remaining payments shall be made on or before January 15,2001, April 15, 2001, and July 15,2001. ~ 2. The grant shall be used only as set forth in the OAA Grant Contract, incorporated herein by reference. The Council shall provide the County Community Services Director with quarterly reports regarding the use of the funds and the services provided during the previous quarter. The reports shall be due on or before February 1, 2001, May 1,2001, August 1,2001, and November 1, 2001. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the OAA Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which :funds are expended under the OAA Grant Contract. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are 1 '-" """ resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold· harmless the County from and against any and all liability, claims, damages, expenses, fees, fInes, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with al~ local, state and federal laws, rules and regulations. 9. All publications, media productions, exhibit graphics, and vehicles purchased and/or operated with funds disbursed under this grant shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. A:J:1y notice shall be in writing and sent registered or certifIed mail, postage and charges prepaid, and addressed to the parties at the following address: TO TIIE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 \VITH COpy TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Boulevard Port St. Lucie, Florida 34984 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 2 '-' ......, 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (1999) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. " The Council shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council'sjudgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion ~f the County as to whether the association, interest or circumstance would, in the opinion of the Cóunty, constitute a conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion o(the County, the prospective business association, ." _ __ interest or circumstance would not constitute a conflict of interest by the Cmmcil, the County shall -- so state in the notification and the Council shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the terms of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 15. 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. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COlY1MISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRiV1.AJ.~ 3 '-" x;::- . . _- SECRETAR~ -- g:\atty\agreemnt\contract\coa-oaa..OO .wpd '-' APPROVED AS TO FORivI Ai'ID CORRECTNESS: COUNTY ATTORi'ŒY ,INe. (SEAL) 4 '-' ...., GRANT AGREElVIENT THIS AGREElVIENT, made this day of , 2000, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: - 1. The County shall disperse to the Council a grant in the total amount of fifty-seven thousand nine hundred fifty-eight and 00/100 dollars ($57,958.00) as local matching funds pursuant to the 2000-2001 Community Care for the Elderly Grant Contract between the Council and the Area Agency on Aging of Palm Beacbffreasure Coast, Inc., hereinafter referred to as the "CCE Grant Contract". Payment to the Council shall be made in equal quarterly installments in the amount of fourteen thousand four hundred eighty-nine and 50/1 00 dollars ($14,489.50), with the first payment within thirty (30) days after the date this Agreement is executed on behalf of the County. The remaining payments shall be made on or before January 15,2001, April 15, 2001, and July 15,2001. 2. The grant shall be used only as set forth in the CCE Grant Contract, incorporated herein by reference. The Council shall provide the County Community Services Director with quarterly reports regarding the use of the funds and the services provided during the previous quarter. The reports shall be due on or before February 1,2001, May 1,2001, August 1, 2001, and November 1, 2001. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the CCE Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the CCE Grant Contract. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents,Ypapers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are 1 ~ ~ resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, [mes, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Councilor its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss oflife or property of any kind or nature whatsoever sustained during the tenn ofthis Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulations. :: 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. A1J.y notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COpy TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Boulevard Port St. Lucie, Florida 34984 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services 2 '-' '..,J required hereunder, as provided for in Florida Statutes 112.311 (1999) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said perfonnance. The Council shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the tenns of this Agreement~- - 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 15. This Agreement embodies the whole understanding of the parties. There are no promises, tenns, 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. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN 3 '-' .""" APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORL'ŒY Æ:J. SECRETARY (SEAL) g:\atty\agreemnt\contract\coa-cce.OO. wpd - 4 '-" ......, GRANT AGREEMENT THIS AGREEMENT, made this day of ,2000 between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a grant in a total amount not to exceed thirty-two thousand and 00/100 dollars ($32,000.00) as local matching funds pursuant to the Federal Transit Administration U.S.C. Section 5307 Grant No. FL-90-X387, hereinafter referred to as the "Grant Contract". Payment to the Council shall be made in one lump sum payment within twenty (20) days after the Council provides the County Community Services Manager with a copy of the vehicle registration transfer form and title for the vehicles purchased under the Grant Contract. 2. The grant shall be used only as set forth in the Grant Contract, incorporated herein by reference. The vehicles purchased under the Grant Contract shall be co-titled in the name of the Council and the County. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County . 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the Grant Contract. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all 1 '-' '-" liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Councilor its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO TIffi COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Boulevard Port St. Lucie, Florida 34984 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (1999) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council shall promptly notify the County in writing by certified mail of all potential 2 '- ...., conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the terms of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 15. 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. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 3 ~ ATTEST: ~lhl~ SECRETARY g:\atty\agreemnt\contract\coa- 5307.00-01. wpd ..., (SEAL) 4 .~ ~ AGENDA REQUEST ITEM'ÑO. G$ DATE: October 10, 2000 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ross v. St. Lucie County; Kline/Silva v. St. Lucie County; Stipulated Settlement Agreements BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: '\ RECOMMENDA TION: Staff recommends that the Board approve the Stipulated Settlement Agreements and authorize the County Attorney to sign the Agreement. " "- [x] APPROVED [ ] DENIED [ ] OTHER: E: ~~f COMMISSION ACTION: ouglas Anderson County Administrator ::ounty Attorney: ~ Review and Approvals !riginating Dept. Management & Budget Public Works Dir: tLL / ~. ~. o'"'~ County Eng.: . Eff. 5/96 inance: (Check for Copy only, if applicable) " ,.. --- -- -- .. '-" 'wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 00-1612 DATE: October 4,2000 SUBJECT: Ross v. St. Lucie County; Kline/Silva v. St. Lucie County; Stipulated Settlement Agreements ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: A ttached is a copy of a memorandum with enclosure dated September 28, 2000 outlining the background surrounding the proposed Stipulated Settlement Agreements. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Stipulated Settlement Agreements and authorize the County Attorney to sign the Agreement. Respectfully submitted, DSM/caf Attachment ~:d ... ".. ~:;;~ ,- ,." ':"'-':~d to. , ¡; '-" 'wtI INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners Douglas M. Anderson, County Administrator FROM: Daniel s. McIntyre. County Attorney ~ C.A. NO. 00-1567 DATE: September 28, 2000 SUBJECT: Ross v. St. Lucie County; Kline/Silva v. St. Lucie County -----------------------------------~----------------------------------------------- ----------------------------------------------------------------------------------- Attached are copies of the following: 1. Complaint filed by Raymond A. Ross and proposed Stipulated Settlement Agreement. 2. Complaint filed by Judith A. Kline and Janice E. Silva and proposed Settlement Agreement. 3. Final Declaratory Judgment and signed Stipulated Settlement Agreement in Case No. 93-30 (Fettke/VonKoeckritz v. St. Lucie County, et a!.). The Complaints essentially seek declaratory relief that the property owners have riparian rights to the Indian River so that the owners can apply for a permit to construct a dock in the river. I have met with representatives of the Public Works Department and the Community Development Department to discuss the proposed Stipulated Settlement Agreements. County staff indicated that they did not have any reason to object to the Settlement Agreements. If you have any questions, please let me know. DSM/caf Attachments ~ -....I IN TIIE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCU1T IN Al'ID FOR ST. LUCIE COUNTY , FLORIDA. CASE NO.: OO-CA-OOl104 (OC) JUDITH A. KLINE and JANICE E. SIL VA Plaintiffs, JUDGE: HAWLEY v. BOARD OF COUNTY CO:MNfISSIONERS FOR ST. LUCIE COUNTY, A POLITICAL SUBDMSION OF THE STATE OF FLORIDA, - / COMPLAINT (Prayer for Declaratory Judgment) COMES NOW the Plaintiffs, JUDITH A. KLINE and JAl'ITCE E. SILVA, by and through their undersigned attorney, and hereby bring this action for a declaratory judgment against the Defendant, BOARD OF COUNTY COM11ISSIONERS FOR ST. LUCæ COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, and allege as follows: 1. This is an action seeking a declaratory judgment pursuant to Florida Statutes Chapter 86, 2. The property which is the subject oftrus action (hereinafter "Property") is owned by Plaintiffs and located in S1. Lucie County, Florida and more particularly described as follows: Lot 1 and the North 40 feet of Lot 2, REVISED PLAT OF SAEGER PLACE, according to the Plat thereof, as recorded in Plat Book 7, Page 21, of the Public Records of S1. Lucie County, Florida. 3. The Revised Plat of Saeger Place was recorded in Plat Book 7, Page 21 of the Public Records of 51. Lucie County, Florida on or about July of 1934. A reduced copy of the plat is · ¡ ¡ '-' -..".; attached hereto as Exhibit "A" and incorporated herein by reference. 4, Upon information and belief, all property conveyed within Saeger Place since July of 1934 has been described by reference to the Revised Plat of Saeger Place, 5. The Plaintiffs are the fee simple owners of the Property as evidenced by the copy of a Corrective Warranty Deed attached hereto as Exhibit "B". 6, Upon information and belief, the Revised Plat of Saeger Place is the instrument which establishes the right-of-way in favor of Defendant, St. Lucie County, for that portion of Indian River Drive adjacent to the Property, 7. Plaintiffs are in doubt as tOo whether their ownership of the Property includes riparian rights to the Indian River or whether riparian rights were vested in Defendant, St. Lucie County, by virtue of the recording of the Revised Plat of Saeger Place. Plaintiffs therefore require a judicial determination as to whether they have riparian rights to the Indian River, WHEREFORE, Plaintiffs pray that this Court order, judge and declare that ownership of the Property includes riparian rights to the Indian River. N.ŒLVILLE & SOWERBY, P.L. 2940 South 25th Street Fort Pierce, FL 34981-5605 (561 )464- 7900 Arto~~~~tiffS ~ By: L~~Sw David No Sowerby, Esq. ' Florida Bar No. 0473545 .~ ¡; " L . /\. ,-¿ -¿1" . ,."....- .~..-- /- '·"'r~· ~.. i . ~.. I ' I ,,; J .. \ I I ~I' l' ) '\ I . ),f:, . 1"· : 7.,. ,. " .;..;J t}< . J 1 \ . ·t_~.··< ,_--r" \. I ~~\c~\. ~ //;/~A ... ./'~ ._..-~ ~~\,o~\ 'Ó1 f'\'Ó 1 (\\'ÓO . -,.: ,~ I .., . , . · ì· . ! . ! '." ~. ... . .... .. .. . "- ,. -- ð ". Jí'l! ~. 1-- .;: ~ t t 1 . J" . . . 9 ~ ' "~ ..i!¡4r \::: f o · J' ..J '" . ~! ¡' 1!~.~ 0_' 1 ,~ ð ., - ': '. 3 t I . . Š ~ ê ! j i ~ . ii ~ -. ,.. ~. ..,r1 .I.' ~ : ~ . ~ 1 e~ :1 J ~ "¡ ¡ HH';~_P ..... ,-.. ) I, !"" "I I I I . i 1 I' I ·1 I r I I I I· I i : I I I I .' I I 1 ;;. .. '. ",' . , . ~ ~ .. .. .. ." ..... . ..,' . .' ./ . .1:. . , .' ' \ . ". 11 1~. , I .~ .' . i ,¡. f· 11.' d 1 , f1' ,:r 1]-' 'Jl· J""" :í¡.~<· I~I , '., Il. ¡}/-.,,!:;1 = 1;;¡' . tn~ lj 1- ~ ~iJh 1 'i'iJ,i't , 1 '9\ '" 1 ¡ 9· 1! 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"l'S~r.J./. \1u'I'Iu TlI'" C"""""~1 J 11' ~T. ,..,.., .'iõl. I.IIC'I~ III,"," r".,.t $,. I."f"", Fl. J""H in('irtot...sll" 1M i(m'~rw:c o( ~ I,tlc Int1tUIIO((' pnlic)' File Number: ?9.1i91 P:ltccllD II: JSI?·50J·nOOI.OnOI) Ct;.anlcc":..sS ..,. ....,¡ CORRECTI 'IE ~ Doc Assurop: :t r1 Doc Tax :t WARRANTY DEE~ Int T :t (INDIVIDUAL) ax 0.00 0.70 0.00 ThisWARRANTYOEEO.do,ed OJIOJIOO by rOWELL .\. I.F.IN, AS TRUSTEF. UNDER THE rRovISIONS OF".\ CERTAIN DECL,\R.,\TION OF TRUST f)A TF.D DlI1J1f99J (AS TO AN UNf)IVIDED 1/2 INTEREST) AND CAROLE A. LEIN, AS TRUSTF.E UNDER TT-IE rl~OVISIONS OF" A CERTAIN DF.CLAR.,\ TION OF TRUST DA TED D7/2J/199J (AS TO AN UNDIVIDED 1/2 INTF.RF.ST)"AND INDIVIDUALL Y AS rOWEI.L A. LEIN A!'ID CAROLE A. LEIN, HUSBA!'ID AND WIFE \Yho~C' pas. orlice 3ddrC'ss is: 21J!'IW BENTLEY CJJ1.CLE rORT ST. LUCIE FL )<1986 hereinofot< coiled the GRANTOR, 10 JUDITH A. KLINE :uul JANICE E. SIL V A.:I$ joint IC11:1"ts \'IHh rull rights of survivorship. :1$ .loinl ·rcl1:wfs \Vilh Full ni2hu o( Survivorship whose posr office :addn:$S is: 89D7 11'101,\1'1 RIVER DluvE FORT PIERCE F"L J4982 hereinoner coiled Ihe GRANTEE: (Wherever used here;" the terms "Granlcr" 3nd "Granlee" include illl parties to this instnlnlenl :lI1d the heirs. legal rcprescnt:uives ¡IUd ilssigns o( individuals. :and the stlCCes.sOíS and usigns of corporalions.) WITNESSETH: Thai Ihe GRANTOR. for and in considcnlion of Ihe sum of S I 0.00 ðnd olher y:aluable considcralions, reccipl ",hereof is hereby :acknowledged. hereby grants. barg1.ins, sells, :aliens. remises, rcle:ases, conveys Jnd conJÏnns \11110 the GRANTEE. 311 Ihat ceruin land siN:ale in 51. L.ucle Counly, Florida, viz: .Lol I ond Ihe Norlh 4D feel of I,of 2. REVISED rLA T OF SAGER rLACE. .ooording 10 'he rlol Ihereof, os rooorel.d ¡n PI" Book 7. Poce 21. of 'h. rublic Rooords of St. Luci. County. 1'10rldo. AND Belin .1 Ihe Norlhust eorner of Lot t of REVISED rLA T OF SAGER PLACE. .ooordlnc to Ihe Pt.1 Ihereof. os recorded (n Pial DOGk 7. P:1Ce 21. o( Ihe Public Records opf SI. Lucie County, Florld:a, thence run E:u( 2100g Ihe Norlh line o( said Lot 1 ulended 10 Ihe \y:aler's edge of Ihe Indl:m River, Ihence Southerly me:lnderinc. Ihe \Y:I,(er's c:d~e oC' Ihe Indi:1II R¡Y~r. 10 the poinl of Inlerseclion \Yith the: E:uterly eXlenslol110 the \y:aCer's edge of Ihe Indl:an River or the Soulh line of Ihe Norlh 40 reel n(~ Lol 2 or s21d REVISED rCAT OF" SAGER PLACE. thence run Wesl olong ..id ¡:;oslerly e'lension of Ih. 501llh line of Ih. Norlh 40 reel of .uid L.ot I fo Ihe SOllthe:u( corner of Ihe Norlh 40 feel of $:lid Lol 2. rhence: Norlh :110111:, Ihe g~sl bound:uy or J:lid Lots I ~ncJ 2 10 Ihe rain' of Beginning, together \.,Uh rip:arl:ln rights ~ppcrt:ainiI12 (0 s;aid l:1nd~. ;and c.tCCpfÎn2 Iherefrol11 Ihe riChls of \.,ay (or IncJi:an River Drive. This Deed i.'C heing recorded In complele :md correct Ihe Deeds recorded in Ornci:'ll Record ßnok J20, r~ge 295 2nd O(~ci:al Reeord Ooo~ 1265. p.g. ZD I J. SUßJECT TO covenants, c~ndilions. restrictions, re:servilIÎons, lirnitiJlioM. casc:menlS .md Jgreemeills or record. if ¡my; [:axes :md :assessments ror Ihe yc:.u 1999 and subsequent yeus: ¡md 10 ..II applicable zoning ordinances andlor reslriclions and prohibÎlÏons imposed by governmenlal aUlhoriries. if an·y. TOGETHER with ..lIlhe: tenen1enlS. hereditamenls :and appurtenances therelo belonging or in anywise ;¡ppenaining. TO IIA VE AND TO IIOLD, Ihe "me in fee simple forever. ANO THE GRANTOR hereby coyeOOIIOS wilh said GRANTEE thol excepl 'S .bove noted, Ihe GRANTOR is lo..fully seized of s2id land in rec: simple; Ihallhe GRANTOR h:as good right Jnd lawful aurhoriry to sell and convey s..id land; that ¡he GRANTOR hereby [ully wunnts the title 10 said land and wHl defend th~ same 3gains( the lawful claims o( all persons whomsoever. IN WITNESS WHEREOF, GRANTOR h.. signed .nd seoled Ihese presenos ,he d.le set forth .boY<. SIGNED IN THE rR~E FOLLO~OESSES: .. ,_) Signolure: YJr·é;.¿~ 4¿-.¿Øß( ~-,,¿c¿ CE 0~: _~rint Nome: ~~1A[ILYN ¡~(AU~LL r~W.!.LL A. LE!N . AS TRUST'CtND 'r:!.DIVIDUALL Y Sign'h"e: ~ ( c({ìJh ' ,,,/?íðP/ /.1 ,ª~?;1{, Prinl Name: TEENÀ M. ^LßERTS 'CMOLE A. LEIN, AS TRUSTE, AND INDIVIDUALL Y Stale o( F1orid:a County o( 51. Lude I 3m jJ, notary public or the Slate or Florlú2 and my commission expires: THE FOREGOING INSTRUMENT w., .<knowledged berore me on3j ~~ 'OWF.LL A. LEIN, AS TRUSTEE UNDER THE rROVISIONS OF A CERTAIN f)ECI.ARAT10N OF THUST DATF.D D7nJII99J (AS TO AN UNDIVIDED 1/2 INTEREST) A!'ID CAROLE A, LEIN. A~ THUSTEE UNDER TilE rlWVISIONS OF A CERTAIN DECLARATION OF" TRUST DATED D7nJ/t99J (AS TO N'I UNDIVIDED 1/2 INTEREST) AND INDIVIOUAI.L Y AS rOWELL A. LE1I'I AND C,\ROLE A. LEIN. HUSBA!'ID AND WIFE who is personally known 10 me or who 113S produced driv~r license as idc:nlj(icJtion and who d.i..d.J.ul.J lake an o:lIh. Ví~XlfZ~é-/ MAR I L Y N L. RU S S EL¡kJot..y ruhlie . No..ry Scol /t.,f. Qo~~~ é~.~t~<. ~;~~:·~~,::e. Ž ,- ~(k) 7 ~CI'-.'I:. WT'.. Kc-V'-t-~f)tf f'r- (J a,·t." / ¡:::..,¡. 3 Y9 f 2 3~- E)G1S1 MARll YN l. RUSSElC :'~"Iilfy ?ubllc, Slalø 01 Florida My Comm ¡,~ May I. zon Co"'m. No. CC 7Z0806 ..1-. _h -:-.,,',::':' ' ~ ,,:",,'.: ',j, ..i,.;"!':" _......~ =-.0'. ~ ~~ >. ~ :;t ;:. "~ ~, ~. .] ~ ',1.' .; ~t "?If ,'I t ... '-" """"" IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA. CASE NO.: OO-CA-OOl104 (OC) JUDITH A. KLINE and JANICE E. SILVA, Plaintiffs, JUDGE: HAWLEY v. BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, A POLITICAL SUBDMSION OF THE STATE OF FLORIDA, / STœULATEDSETTLEMENTAGREEMENT THIS STœULA TED SETTLEMENT AGREEMENT is entered into by and between the Plaintiffs, JUDITH A. KLINE and JANICE E. SILVA, by and through their undersigned attorney, and Defendant, BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, by and through the undersigned County Attorney. 1. The parties hereto agree to entry of a Final Declaratory Judgment in form and substance as attached hereto as Exhibit "A" and incorporated herein by reference. 2. Defendant, BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, agrees to grant Plaintiffs (or their successors in interest to the Property), such licenses and/or permits as the County of St. Lucie is authorized to give and as are necessary to connect a dock to the public right-of-way for Indian River Drive. Issuance of said licenses and/or permits shall be conditioned upon the Plaintiffs (or their successors in interest to the Property), obtaining requisite permitting for the construction of a dock from all other appropriate governmental regulatory agencies and meeting all further requirements of S1. Lucie County for the construction of a dock. S1. Lucie County shall ~' "'" retain the right to reasonably designate the point of attachment of the dock to the public right-of-way for purposes of avoiding interference with present and future use of the public right-of-way by the County Signed this 2.~~day of September, 2000. Signed this _ day of September, 2000. MELVILLE & SOWERBY, P.L 2940 South 25th Street Fort Pierce, FL 34981-5605 (561-464-7900) Attorneys for Plaintiffs BY'CùJJ ~ ¿ ~ . David N. Sowerby ,~ Florida Bar. No. 0473545 DANIEL S, McINTYRE COUNTY A TIORNEY St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 (561) 468-1415 Attorney for Board of County Commissioners of St. Lucie County, Florida By: Daniel S. McIntyre County Attorney Florida Bar No. 287571 '-" '-' . , IN THE CIRCUIT COURT OF TIlE NINETEENTH JUDICLI\L CIRCUIT IN Ai'íD FOR ST. LUCIE COUNTY, FLORIDA. CASE NO.: OO-CA-OOl104 (OC) JUDITH A. KLINE and JANICE E, SILVA, Plaintiffs, JUDGE: HAWLEY v. BOARD OF COUNTY COlVINllSSIONERS FOR ST. LUCIE COUNTY, A POLmCAL SUBDMSION OF THE STATE OF FLORIDA, / FINAL DECLARATORY JUDGlVIENT This action having been resolved between the parties upon Stipulation, and the Court having reviewed the pleadings, the Stipulated Settlement Agreement, and the applicable law and being otherwise fully apprised of the issues. IT IS ADJUDGED as follows: 1. That riparian rights in and to the Indian River are appurtenant to, and are incident to ownership of, the following described real property: \ Lot 1 and the North 40 feet of Lot 2, REVISED PLAT OF SAEGER PLACE, according to the Plat thereof, as recorded in Plat Book 7, Page 21 of the Public Records of St. Lucie County, Florida. 2. That said riparian rights exist in and to the Indian River as located directly opposite Indian River Drive from the above described parcel of real property. ~ ....,¡ DONE AND ORDERED in Fort Pierce, St. Lucie County, Florida, this ,2000. Circuit Court Judge cc: David N. Sowerby, Esq. Daniel S. McIntyre, Esq. " day of .. ,. '. '-"''' ..... IN TIrE CIRCUIT COURT OF TIrE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST LUCIE COUN1Y, FLORlDA CASE NO.: OO-CA-OOl104 (OC) JUDITH A KLINE and JANICE E. SILVA Plaintiffs, JUDGE: HAWLEY v. BOARD OF COUNTY COMMISSIONERS FOR ST LUCIE COUNTY, A POLmCAL SUBDMSION OF TIrE STATE OF FLORIDA, / WAIVER OF SERVICE OF PROCESS CONSENT TO JURISDICTION TO: David N. Sowerby, Esq., attorney for Plaintiffs MELVll..LE & SOWERBY, P.L. 2940 South 25th Street Ft. Pierce, Florida 34981-5605 I acknowledge receipt of your request that I waive service of process on behalf of Defendant In the declaratory action styled Judith A. Kline and Janice E Silva. v. Board of Countv Commissioners for S1. Lucie County. A Political Subdivision of the State of Florida in the Circuit ." - Court of the Nineteenth Judicial Circuit in and for S1. Lucie County, Florida, Case No. 00- I CA 001104 (OC) , I have also received a copy of the complaint, two copies ofthis waiver, and a means by which I can return the signed waiver to you without further cost to me. I agree to save the cost of service of process and an additional copy of the complaint in this lawsuit by not requiring that Defendant, on whose behalf! am acting, be served with judicial process in the manner provided by Fla.R.Civ.P. 1.070. I hereby submit, on behalf of the Defendant to the Jurisdiction of this Court. i - ~ I .;;-;.. ¡ '?':; 1 '--' ...." I declare that my relationship to the entity to whom the notice was sent and my authority to accept service on behalf of such person or entity is as follows: County Attorney representing the Defendant herein in this matter. Defendant will retain all defenses or objections to the declaratory action or to the jurisdiction or venue of the court except for any objections based on a defect in the summons or in the services of the summons. Defendant understands that a judgment may be entered against it if a written response is not served upon you within 20 days fTom the date I execute this Waiver of Service of Process. DATED on September J-r). , 2000, ~s. McIntyre County Attorney, S1. ·Lucie County, Fla. 2300 Virginia Avenue, Ft. Pierce, FL 34982 Attorney for Board of County Commissioners of S1. Lucie County Florida Bar No, 287571 (561) 468-1415 '. , &'.. -'1 ~ \.- ~., \ , '.."ì IN THE CIRCUIT'COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA. CASE NO.: 93-30-CA-17 JUDGE: RUPERT JASEN SMITH ROBERT FETTKE and KAREN VON KOECKRITZ, Plaintiffs v. BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; CARL LICHT and SHIRLEY LICHT, INDIVIDUALLY AND AS CO-TRUSTEES UNDER AGREEMENT DATED 5/8/81; BERNARD J. KONZEN; CHRISTINA MANN; EMMA FERGUSON; and COLEAN REALTY, INC., a Florida corporation, Defendants. / STIPULATED SETTLEMENT AGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by qnd between the Plaintiffs, ROBERT FETTKE and KAREN VON KOECKRITZ, by and through their undersigned attorney; Defendant, BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COU~TY, by and through the undersigned County Attorney; and Defendants/Cross Claimants, CARL LICHT and SHIRLEY LICHT (individually and as Co-Trusteès under Agreement dated 5/8/81) and BERNARD J. KONZEN, by and through their undersigned attorney. 1. The parties hereto agree to entry of a Final Declaratory Judgment with respect to Count I of the Plaintiffs' Complaint herein in form as attached hereto as Exhibit "A" and incorporated herein by reference. - 1 - \ '-' ....J. :'\ ~ -I '-' 2. Plaintiffs agree to dismiss all remaining Counts of their Complaint, without prejudice, and Defendants/Cross Claimants, Carl Licht and Shirley Licht (individually and as Co-Trustees under Agreement dated 5/8/81) and Bernard J. Konzen, agree to dismiss their cross claim, without prejudice. 3. Defendant, Board of County Commissioners for st. Lucie County, agrees to grant Plaintiffs, (or their successors in interest to the Property), such licenses and/or permits as the County of st. Lucie is authorized to give and as are necessary to connect a dock to the public right-of-way for Indian River Drive. Issuance of said licenses and/or permits shall be conditioned upon the Plaintiffs, (or their s~ccessors in interest to the Property), obtaining requisite permitting for the construction of a dock from all other appropriate governmental regulatory agencies and meeting all requirements of st. Lucie County for the construction of a dock. st. Lucie County shall retain the right to reasonably designate the point of attachment of the dock to the public rig~t- of-way for purposes of avoiding interference with present and future use of the public right-of-way by the County. )f\J Signed lhis . day of August, 1993 Signed tms J.í1t- day of August, 1993 MELVILLE & FOWLER, P.A. Southeast Bank Building 300 South 6th Street P.O. Box 850 Fort Pierce, FL 34950 (40 464-7900 Att,r ey J FEE, BRYAN & KOBLEGARD, P.A. Post Office Box 1000 Fort Pierce, FL 34954 (407) 461-5020 Attorney for Defendants/Cross Claimants By: ðn ;;L 13"1 ~ Ben L. Bryan, Jr., suire Florida Bar No. 009691 - 2 - , "-' , .~ Signed this r1' day of August, 1993 DANIEL S. McINTYRE COUNTY ATTORNEY St. Lucie County 2300 Virginia Avenue Administrative Annex Fort pierce, FL 34982 (407) 468-1415 Attorney for Board Of C nty commis72iO er Of St. L c· county., ,JIJ ,- By:"~ .1'1 Daniel S. McIntyr County Attorney Florida Bar No. 28?571 ./ ...J.- - 3 - ,: \ ~ ,.-. 'o!..-<If' 'wi' ,\ ~ '--t I: IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA. CASE NO.: 93-30-CA-17 JUDGE: RUPERT JASEN SMITH ROBERT FETTKE and KAREN VON KOECKRITZ, Plaintiffs v. BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; CARL LICH~ and SHIRLEY LICHT, INDIVIDUALLY AND AS CO-TRUSTEES UNDER AGREEMENT . DATED 5/8/81; BERNARD J. KONZEN; CHRISTINA MANN; EMMA FERGUSON; and COLEAN REALTY, INC., a Florida corporation, Defendants. / FINAL DECLARATORY JUDGMENT This action having been resolved between the appropriate parties upon Stipulation, and the Court having reviewed the pleadings, the Stipulated Settlement Agreement, and the applicable law and being otherÑise fully apprised of the issues. IT IS ADJUDGED as follows: 1. That riparian rights in and to the Indian River are appurtenant to, and are incident to ownership of, the following described real property: Lots 6 and 7, and the North ~ of Lot 8, all in THE REVISED PLAT OF SAEGER PLACE, as recorded in Plat Book 7, Page 21, Public Records of st. Lucie County, Florida. ~; ªE "1.-: : ~ J " . .- .; ~'-' '-"' ~ , ~ 2. That said riparian rights exist in and to the Indian River as located directly opposite Indian River Drive from the above described parcel of real property. this DONE AND J};!!:- day ~,in Fort Pierce, st. Lucie County, Florida ~~ , 199 cc: David N. Sowerby, Esquire Ben L. Bryan, Jr, Esquire Daniel S. McIntyre, Esquire Steven Adamsky, Esquire rc .. \..' ROBERT FETTKE and KAREN VON KOECKRITZ, Plaintiffs v. BOARD OF COUNTY COMMISSIONERS FO~ ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; CARL LICHT and SHIRLEY LICHT, INDIVIDUALLY AND AS CO-TRUSTEES UNDER AGREEMENT DATED 5/8/81; BERNARD J. KONZEN; CHRISTINA MANN; EMMA FERGUSON; and COLEAN REALTY, INC., a Florida corporation, Defendants. COMPLAINT -,.I IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA. CASE NO.: a.~... 3ö..c.. 'Pr-\1 JUDGE:~~çe('\- -Sö~ ~~~ / COMES NOW the Plaintiffs, ROBERT FETTKE and KAREN VON KOECKRITZ, by and through their undersigned attorney, hereby brings this multiple c~unt action against the Defendants, BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; CARL LICHT and SHIRLEY LICHT, INDIVIDUALLY AND AS CO-TRUSTEES UNDER AGREEMENT DATED 5/8/81; BERNARD J. KONZEN; CHRISTINA MANN; EMMA FERGUSON; and COLEAN REALTY, INC., a Florida corporation, and alleges as follows: 1 MELVILLE & FOWLER. P. A. , \ ¡ 1 ~ 1 . ,1 \...; ...., GENERAL ALLEGATIONS 1. This is an action for damages which exceed $15,000.00. 2. The property which lS the subject of this action (hereinafter "Property") is owned by Plaintiffs and located in St. Lucie County, Florida and more particularly described as follows: Lots 6 and 7, and the North ~ of Lot 8, all in THE REVISED PLAT OF SAEGER PLACE, as recorded in P la t Book 7 , Page 21, Public Records of st. Lucie County, Florida. 3. The Revised Plat of Saeger Place was recorded in Plat Book 7, Page 21 of the Public Records of st. Lucie County, Florida - in or about July of 1934. A-reduced copy of the plat is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Upon information and belief, all property conveyed within Saege~ Place since July of 1934 has been described by reference to the Revised Plat of Saeger Place. 5. On or about August 12, 1987, the Plaintiffs purchased the Property from Defendants CARL LICHT and SHIRLEY LICHT, INDIVIDUALLY AND AS CO-TRUSTEES UNDER AGREEMENT DATED 5/8/81 (hereinafter "Licht") and Defendant BERNARD J. KONZEN. The Warranty Deeds were recorded in Official Records Book 554, Pages 2365 and 2366 respectively. Copies of the Warranty Deeds are attached hereto as composite Exhibit "B". 6. All conditions precedent to the filing of this action hàve occurred or have been waived. COUNT I (PRAYER FOR DECLARATORY JUDGMENT) 7. Plaintiffs reallege paragraphs 2 through 6 inclusive and further allege as follows: 2 MELVILLE & FOWLER. P. A. .~ .....; 8. This is an action seeking a declaratory judgment pursuant to Florida statutes Chapter 86. 9. Upon information and belief, the Revised Plat of Saeger Place is the instrument which establishes the right-of-way in favor of Defendant, st. Lucie County, for that portion of Indian River Drive adjacent to the Property. 10. Plaintiffs are in doubt as to whether their ownership of the Propérty includes riparian rights to the Indian River or whether riparian rights were vested in Defendant St. Lucie County - by virtue of the recording of the Revised Plat of Saeger Place. Plaintiffs therefore require a judicial determination as to whether they have riparian rights to the Indian River. WHEREFORE, Plaintiffs pray that this court order, judge and declare that ownership of the Property includes riparian rights to the Indian River. COUNT I I (BREACH OF COVENANT OF WARRANTY) 11. Plaintiffs reallege paragraphs 1 through 6 inclusive and further allege as follows: 12. The Warranty Deeds from Defendants Licht and Bernard J. Konzen (composite Exhibit ttBtt) purport to convey riparian rights. 13. Plaintiffs attempted to obtain permitting for construction of a dock to access the Indian River from the Property and were advised that they did not have riparian rights to the Indian River. 14. Defendants Licht and Bernard J. Konzen have breached the covenant of warranty. 3 MELVILLE & FOWLER. P. A. o n an. .111"0_ ,.ORT PIERCE. F"LORIOA .J..g~.... . T[LEPHOH( (4Q7) ..e.... -7900 ~ ...,.¡ 15. To the extent that Plaintiffs do not have riparian rights, they have suffered substantial damages through the loss of value of the Property. 16. Plaintiffs have retained the services of the undersigned attorneys and have agreed to pay a reasonable fee for their services. 17. Plaintiffs are entitled to recover reasonable attorney's fees and costs of this action. WHEREFORE, Plaintiffs demand judgment for damages, interest, costs and reasonable attorney's fees, jointly and severally, against Defendants Licht and Bernard J. Konzen. COUNT III (BREACH OF COVENANT OF SEISIN) 18. Plaintiffs reallege paragraphs 1 through 6 inclusive and further allege as follows: 19. The Warranty Deeds from Defendants Licht and -Bernard J. Konzen (composite Exhibit "B") purport to convey riparian rights. 20. The Warranty Deeds contain a II covenant of seisin II by Defendants Licht and Bernard J. Konzen which is an assurance that said Defendants had the quantity and quality of estate which they purported to convey. 21. Plaintiffs attempted to obtain permitting for construction of a dock to access the Indian River from the Property and were advised that they did not have riparian rights to the Indian River. 22. Defendants Licht and Bernard J. Konzen have breached the covenant of seisin. 4 MELVILLE & FOWLER. P. A. ____ _.___... .... ....ro........ ......n....... . TE'l rOl-olt"'l....,. (...("17\ ..""...-7QOO '- '-' 23. To the extent that Plaintiffs do not have riparian rights, they have suffered substantial damages through the loss of value of the Property. 24. Plaintiffs have retained the services of the undersigned attorneys and have agreed to pay a reasonable fee for their services. 25. Plaintiffs are entitled to recover reasonable attorney's fees and costs of this action. WHEREFORE, Plaintiffs demand judgment for damages, interest, costs and reasonable attorney's fees, jointly and severally, against Defendants Licht and Bernard J. Konzen. COUNT IV (FRAUDULENT MISREPRESENTATION) .~ .26. Plaintiffs reallege paragraphs 2 throu~~ 6 inclusive and further allege as follows: ~"". . 27. At all times material to the Plaintiff~~.:~~nsideration and . ·,:·r... determination of whether or not to purchase the P'i:;0pe:r::'ty, there was ~ . . a listing agreement on the Property between Defendants Licht and Bernard J. Konzen as Sellers and Defendant ColeanRealty, Inc. as Real Estatè Broker. 28. At all times material hereto, Defendants, Christina Mann and Emma Ferguson, were licensed real estate agents in the employment of and under the supervision of Colean Realty, Inc. 29. At all times material hereto, Defendants, Colean Realty, Inc., Christina Mann and Emma Ferguson were the agents of Defendants Licht and Bernard J. Konzen. 5 MELVILLE & FOWLER. P. A. ____ _. __.__ __.....~ .....,.. .,.,.,.....""....... Lon..,\ ..........'7C11nn .,- :..,./ 30. Plaintiffs made specific inquiry to Defendants Christina Mann and Emma Ferguson about the existence of riparian rights and informed said Defendants that the existence of riparian rights was material to their decision to purchase the Property. 31. Plaintiffs inquired of Defendants Christina Mann and Emma Ferguson whether it would be advisable to retain the services of an attorney to review the Public Records and determine whether or not ownership of the Property included riparian rights. 32. Defendants Christina Mann and Emma Ferguson represented _ to the Plaintiffs that they had checked the Public Records and that riparian rights existed and. consequently, the services of an attorney was not required. 33. Defendants Christina Mann and Emma Ferguson knew or should have known that it was possible that the Property did not have riparian rights to the Indian River. 34. Defendants Christina Mann and Emma Ferguson intended that the Plaintiffs would rely upon their representations and purchase the Property. 35. The Plaintiffs relied upon the representations of Defendants Christina Mann and Emma Ferguson and purchased the Property on or about August 12 of 1987. 36. Plaintiffs would not have purchased the Property had they known that there was a possibility that riparian rights did not exist. 37. All actions and representations material hereto by Defendants Christina Mann and Emma Ferguson were made within the 6 MELVILLE & FOWLER. P. A. P. o. BOX ð~O. F"ORT PIERCE.. "LORIO'" 34195.4 . TELEPHONE (407) .ðA· 7900 '-' ~ scope and apparent authority of their employment by Colean Realty, Inc. and the corresponding employment and agency relationship with Defendants Licht and Bernard J. Konzen. 38. Plaintiffs did not become aware of the fact that there was a possibility that the Property did not include riparian rights until they attempted to obtain permits to build a dock in 1992. 39. The Plaintiffs have suffered significant damages as a result of the misrepresentations. 40. The Plaintiffs purchased the Property at a price which assumed riparian rights but ~re unable to exercise those rights and are unable to represent to potential buyers that riparian rights exist and consequently, have suffered a significant loss in value of the Property. 41. Plaintiffs have retained the serv~ces of the undersigned attorneys and have agreed _ to pay a reasonable fee for their services. 42. Plaintiffs are entitled to recover reasonable attorney's '.:.; fees and costs of this action. WHEREFORE, Plaintiffs demand judgment against Defendants Licht, Bernard J. Konzen, Christina Mann, Emma Ferguson and Colean Real ty , Inc., jointly and severally, for damages together with interest, costs of this action and reasonable attorney's fees or alternative for recision of the sale and purchase of the Property together with return of the purchase price, closing costs interest, costs associated with this action and reasonable attorney's fees. 7 MELVILLE & FOWLER. P. A. ___ __..... r.....øT ØI.:'A('"¡:' rt ORIr:ÞA :34g~.. . TELEPHONE ("07) ..e..· 7900 .\..1 :....1 MELVILLE & FOWLER, P.A. Southeast Bank Building 300 South 6th Street P.O. Box 850 Fort pierce, FL 34950 (4°ffi64-7900 ' Att rn Y,f r Plaintif s By: . David N.' S erby, Es re Florida Bar No. 0473 '. 8 MELVILLE & FOWLER. P. A. ........ .......... .o1I",n_ ,-ORT PIERCE, F"LOA'IOA j"9~"" - TELEPHONE (.07) ..~.·7900 - \.~ ~l"'r~' . .r '~.:; . . ,~; "- 1 n .-- . -= . ... ~;\~~ \ ~I;¡'~ 1! , -'" ". . ~--_::- _:.. ~.f-·- ""1~--'--?-'1-'~~'------- . - . . ~ .' J. ~ I .{ I ..J I a. I I i I I ,. I I. I ¡; ". .. . . ~ ~ .\ ..... . f ., !r . r ... '" I .~ I ." I "::¡ . I I ~ .. i I .' I . , I i I I I. I I :, \ ;' . \ \ 'IL J ... I I I . ''"\ .~ . . :- 'l \ f>'-: J 1 \ .' 't,. I . . - .~,.., . ;;~(:; }.;:7~ _, ~..q\0~\ L ~_.--~ .. :;,P' . . f\\'ð ._~ . 'ð3 /:>/:.::<....:_...v./ . .>...... :.-,,,, ~ ..q \.0 ~ \ ;/ -:; f\ \ 'Ò O. 'ð . -:; I' \ 'ð .' 1,.)' !!>~~, . "~ . ~.... ·....f . ... . ;¡ .. .. " ... ! I· · ~. 'Ó ",. .,' .... '" ~. I .¡ ;¡ I ¡ \ . . I' I \. )......~;,. . . .~c :' ";'!1~:}. . . "'fC· t ," .;..;1 c..c..'" -". :"). ~ . .¿ . /. ~1 . .... . . .' q p' . I ,~ .' . ,h .:rt, loll. .'E I" · ; ! i ! 5 J 1 ~ IH J" ,': '!h' ~i' ..! . if' &H.....li!l;: 1'1.; . ~....q i ~ ~tH!"~ ~,P-- 1,1"1'1 - .. :"'''' - :t '"t'" J I ... .... 'II ~..... 1 ..c (.i1t:~f¡;~~~;fifl~ r 'H~' ~ ; 11 "'..I~..I J ¡ ~ Ë t~~W }r(~ ¡H'~ ~ I . ". - J " IiHl i ~-.i IJ!!HJiIJ i ~_..... -- .. ... !! ,; ..J ~ , '-' \. . . 1111;1. ~ ',. s. .;; ¿!'! ¡ 3 .J [. t--. '-f - ' ¿' .~ ~k;1t!i 1!" ._ ¿~~"Í~- \ ~ := 11 ¡ ;. I . :::.. __ . _.! ......,ð "I] ~. ' .! I"I! . :~ ª! l~ i~ JÁn _~.t ~j~IE;:;¡ l~j-4 : . ~~ ~ !1.. ¡~~~ . ž~§ !.nl11~, . . t 0 111 1 \ fp . .. --~.. I'~'" '. ,.... AI~"" ...-,..., . . ~.>?: '\1 . . . . . 1:'" J J '", Inn t .~. . lfHi .-1 i. Š ~}~!. f~ '. ~.-Lp;iI!~· ~ ~i ~¡l.lIh: i·~· . . õì! t e[pJl ... ~5 ; ~1111~l . t; ~ .... I j ~~.. ,. ~iJj~'1\ ~ ì \.~ ! g;jJI d' ... ] .! ).~' ¡If .~.~¡ ¡: '~1 1 ~ ~ H lp . . '.' .' .-:>- 1. d. ~~ .j ~ .~ ~ Q~ J j a d. óÑ& .~ ~J, 1.1 I- '0 I::!: <l ..' ;.j ~ '. . Q.. -.'~.<.~..." . . ,. .... :.~_.-. ..' ..-... -.- ·"" ~._." -~. .....,...~ " ' 'n1is instrument ~repared by:' Shi.tley tJ'nivere Ti tle 2000 SE . ~...t St. Lucie Blvd. ?ort St. Lucie, Florida ]4952 ........"'1'. oc.o ....... .... ,....... ,'-' 843665 1bis 'Warrantu Ðud 1\1...1.. ,I.. 14 J.., of August '\. D. 1987 I.., CARL LIcrr, Indlvidually, and SHIRIE! LIOrr, his vife, Individually, and as Co- Trustees under Agreement. dated 5/8/81, each Trustee with the independent power and ìuthodty 5P. f~otect, conserve, and to sell, lease, encumber or otherwise manage an ....h..f.... r. ... I... "....,-. 'odis¡x¡se of the property being conveyed, as tenants in ROBERT FETI'IŒ and K1\REN VQIf KOro<RITZ, husband and wife, "./."... ,....'olf'... "'/J.....,. 1145 SW 21st Street, Boca Raton, Florida ]]4]] 1.....-1....11.. .../I...l II.. 1I....'ff: IW"''''' ~ .......... .... ..._ ....._- .... ...._.....~ .1-- ... ,... ...~ .. .w. ........,.. .... ,.. Irwin. ....... ~_.. -" __ .... .....<4-..... .... Ia.., -".-- ... .....- .. ~---I 'Wítntssdh: TI...I II... W",,'-. 1- "", I.. <_.101.....1/_ 01 II.. '10'" 01 S 10.00 ...J o,I.~ ....1...1.1.. <"".I.I....u"".. _.-Ip' ..1........1 I. 1......1.,. oc~.....·I...I"...l. 1.....1.,. "......". (",.".,.... ..//.. ./1..... ..- ..."... ,.1...... ~......,.. ....l <-f'..... ....10 ,I.. II"'..'.... .// d.." <.....1.. J....d .lIuol" /.. St. t.uc:ie Cou..'". FI.....I.. ..h: ElICH CIWm)R I\S TO AN UNDtvIDED 1/3 ImERES1' IN 'l'HE FOILOW!I'Ç DESCRIBED PROPERTY : / '7 ~C4 Lots 6 and 7. and the North 1/2 or Lot 8, all in 'l'HE REVISED PLAT OF SI\EGER PLI\CE. as recorded in Plat Book 7. page 21. Public Records or St. Lucie County, Florida. TCX;mŒR WIiH Riparian Rights. .J ;~ It_ Tøgdhu ...,,1../1 ,I.. ,..........,.. I.oroJIJD......" and DPPurl.-- 11.....10 ¡"L...eJno - In ....,. wi... øpPf'FI.'"'"O· To Haut And to 1tø(d, . 11.. ,..... In {n ,'...pl.I........... Rnd ,I.. g....I_ I...ri.., <0_"."" .../11. ,./.1 If"''''.. ,1.., ,I.. 1I..nl- I. /o...{..II., ,.lweI 0' ,.u.l 10...1 I.. {~. .I...pl,,: ,1..1 rl.. g....I_ "os 11--' rllll.1 ..nd 1....1101 010,1.0'"'' '0 ../I ....1 ........,. ,...1 lo...l: .I.D' ,I.. gra..'... 1.....1.,. lul/y ...........1. rl... /III. ,.. .01.1 r....d 0".1 ,,,¡/I J.I."d ,I.. ,..... ao."u' ,I.. 10...1..1 ct.,.... ~I 0/1 """,on. ...1......_: ....1 .1.01 '0'.1 land II I... .1 D/I ."CU"'¡,......c... uc.p' ."".. occndno ,u/,.oquonC ID D.c...."", JI. 10 86. and Restrictions, Reservations and Easements of record: and Zoning ordinances, if any. In 1tJítntSS 1Øhtrrof, ,I.. ,old "ra..'o, !.as ,I!I"..l ....1 ,...1..1 d,... pr.,onl, .1.. Joy ....1 .,.., firs' .¡,.,... ....1II.n. SI"....d. sc.l...l ....1 d.ll....cd I.. our "'..,,,..", ~~......_...~....._- ~~&b' STA n: (IF fLOR.IDA ¡ COUNTY OF ST. LOCIE ( 1 HtJ\E.Y CEJ\T1FY Ita.. .. I"" da,_ twfOf'~ "'"'. a.. oHiC'f" duly .-........ud i.. 1M SI.W aI..naid a..d i.. d.... ('".ANnl1' .fOft'pM! 10 t.h .f\....kd~... P't',....1It appr.~ carl Llcht, Individually as Co-Trustee, and Shi.çJ.ey>.I.icht, his wife, individual.ly and as Co- ~tQe:; ;:"'" ....¡. JIW" ~~".~I~· ~- ,I.... P!'Y"'& tLo",,;h<td 1ft and who "Jlrc".....d Ih" : r~oPl""1 ""vu",,,"':~- they M\ftOWl~d!l"ci h.fo"" lItif Iha' they i ~\,'~rvt.:.t' 1M ~n,.o °o' ¡o ; ..~ ~ ~ ~.':r ~." .~ 00. ,0,.0. 5'.te" I.., .r""f'taHl d,¡. I da, ol ~. .' Au . . ,1967. . ., -::.) t -..0 -"~.:~~ . . "'C~tk~ ';J~~dd~""~' nil' !t..""",,,'''' f"'}r,¡nJ ''7: ccmnission "Xpiresl ,I¿,I.." I-.Ã <l. -q I ~. :¡-.. ." ." f·; 843665 '87 nu; 24 P2:42 rO FH.: DOU .:.. . ST. Ll.C, ~a~t 554 r.\Gë 2365 ""'" -- ~~ This instrument:. prepared byI Shiri, \..;-- . Z ~ , Unive: d Ti t:.le 2000 5_ JJ:C St:.. Lucie Blvd. Port St:.. Lucie, Florida 34952 This "Warrant~ Ðted M..I.. II.. BERNAAD J. KONZEN, /;2. J.., of . 843666 ~/ ,\. D. 11/87 I., ""..........TT DCCO .......... ". .......... ^ugust I.,....'nol.,f>r .·.lC....1 ./" ,","'or. 10 ROBERT FE'I11Œ, and KNŒN YON KOECl<RITZ, husband and vife, y.I,,,... >V.,ofll.·.. ...,I,.... I. 1145 SW 21st:. Sl:reet, Eoca Rat:.on, Florida 33433 I...."....iI.... (·..Il...l II... 0.....,....' ,,,.~... ..... "-- ,.... __ ...._.. .... _..........~ _... .. 1- ,.... .. ..... _~. ..... ..... """', ..... ........._....,.. .... __ .. ................ ... 1_ _._ aÑ -",_ .. ,-.-........ 'Witnesseth: TI...I II,.. ",..",_. 1- ....J '" .-.,,1..,..110<1 of II... ...... 0/ s 10.00 .."d 011.... ....1....1.1.. C'U",IJ....IiOft'. ,...Ipl ...1......../ I. I....../" ..c'_·I..J,,"/. /,.....I.y fI'''"''. Ioo'V..I".. Hll.. ..II..... mb.J. rt'14"flJno" ("on.-..,. .,.J t.../irms ""'0 fl... CJf"8n'",o .ll II"" C'",.,.i.. r",,,cl _"u.'" I" St. Lucie Cou"',. FI_I.I.. .041: AN UNDIVIDED 1/3 INrEREST in the following described property I Lot:.s 6 and 7, and t:.he North 1/2 of Lot:. a. all in TIŒ REVISED PLAT OF SMX;ER PLACE, as recorded in Plat:. Book 7, page 21. Public Records of St:.. Lucie County. Flodda. TCX;E11ŒR w.rrn Riparian Righl:s. ~t- I'ì' ,:J GRANTOR herein expressly warrants that this property is not. his Homestead, and that he, in fact, resides in .Matteson, Illinois. Togdher wls... ftp~lø¡"ino. 10 }{4vt 40d to }told.' ..,111. .11 I,. I.".m.",". I.....JII....."" .."d .ppurl.".".... '1......0 ,"1on1l1"1I .... I" ."7' ,I.. ....... '" f.. .I...pl. f-· Rnd ,I.. _",_'1..,..1., c......."" ...ill. ..1.1 pr."'''. rl... ,¡,.. ora"'o, Is lewfully .."..1 0/ ..1.1 le"d I" /~.. slmpl..: ,/,., ,I.. 0"'"/0' I.... o.....l "111., a"d r-./ul .u/I.orI/y Ie ..11 ..".I CO"-7 ...1.1 le...l: ,I... II." g,.",.... 1......l.y 10.117 ........."1. ,1.0' 11/1. ,.. ..,.1 le...l .....I wIll .1./....1,1.. ....... .gal".1 ,I.. l..wful .Iolm. .f ..II p....O". ...I.om.........: .".1 11..1 ..1.1 1.....1 b f.... 0/ ./1 .........!".""... ......p/ I..... """"¡"11 'U!.M'fUon/ '0 0.........1... }I. 19 86; and Restrictions, Reservations and Eastmenl:s of record 1 and Zoning Ordinances, if any. .. I.. In 'Witness 1Øhtreof, ,I.. ,.,.1 11'."'- I.... "9"..1 ."d ...l.J 11.... prw...." 11.. d.y .".1 y.., f,". altor.. ...rllI.". SIII""/. .....1...1 .."d .1..11......1 I" our pr.....nc.: /1,,_ -,:. úJ..: .{.~,_._.:~......,..,..... ......'r.--:'>- _C .' :'!..,~~..,-.~._.':: ..: ..., ....J.......... - ;>. STATF. OF IU.INOI~ COUNTY OF C~ .........CD BERNI\RD J. KO ........,....................................................011 S,..(I '.\OW po. _KO"'" vM , JI£J\£BY C&ltT1FY ,h.. 0It Ih", cI.,. 1:w'0f'~ ~. .. .,4finr d.l, ....i1..cI ¡,. 'M St...", alent.'" .rtd ;" \aw C-........J alorraid .. ,...... aco"...wNÒ""",,,.t. p"'f'MfYJly .P9""*.C'd Bernard J. Konzen 843666 '87 M'G 24 P2:~2 .~ \ I. "'C' IUMI"" I. "'" taw P"'~ .I..H """" '" ... _Ito fJlf'rv'..d 1M '~~II~ '. j",,,u,,","'.øcI he a.1u~.._Wd!llf'd MIen' I'M ,h.a. he ..:.If'C'....d ·I.h~ ..moI'. W1T~E.SS "'" ".IIICI .."d oUM-¡..1 1f.1 ¡.. '"<f~''''' .fMI :'h..... t... .I....-aid .!li, l;t daJ 01 ^ugust . A. D. " 87. . ' ~!Í~"'''~ " '17,;. 1"./"",,.,,,/ 1"'1"",.1 ~T: Comnisslon expires ð"-::l.7- 9 .\J,I..'\' rl' :' oo!.:: . S1, ',; :. . e ___...........,. T1 ~O~K 554: rAGE 2366 '-' '-' IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUlT IN AND FOR ST. LUCIE COUNTY FLORIDA. CASE NO.: OO-CA-OOl103 (OC) RA Yi\llOND A. ROSS, JR., Plaintiff, JUDGE: HA'WLEY v. BOARD OF COUNTY COJ\illVllSSIONERS FOR ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, / COMPLAINT (prayer for Declaratory Judgment) COMES NOW the Plaintiff, RAYMOND A. ROSS, JR., by and through his undersigned attorney, and hereby brings this action for a declaratory judgment against the Defendant, BOARD OF COUNTY COJ\ifNlISSIONERS FOR ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, and alleges as follows: 1, This is an action seeking a declaratory judgment pursuant to Florida Statutes Chapter 86. 2.' The propertY which is the subject of this action (hereinafter "Property") is owned by Plaintiff and located in St. Lucie County, Florida and more particularly described as follows: '. The South 20 feet of Lot 2, and all of Lots 3, 4, and 5, REVISED PLAT OF SAEGER PLACE, according to the Plat thereof, as recorded in Plat Book 7, at Page 21, of the Public Records of St. Lucie County, Florida, LESS AND EXCEPT the South 40 feet of Lot 5. \..t' ,...¡ 3. The Revised Plat of Saeger Place was recorded in Plat Book 7, Page 21 of the Public Records of St. Lucie County, Florida on or about July of 1934. A reduced copy of the plat is attached hereto as Exhibit "A" and incorporated herein by reference. 4, Upon information and belief, all property conveyed within Saeger Place since July of 1934 has been described by reference to the Revised Plat of Saeger Place·. 5, The Plaintiff is the fee simple owner of the Property as evidenced by the copy of the Special Warranty Deeds attached hereto as Composite Exhibit "Bn. 6. Upon information and belief, the Revised Plat of Saeger Place is the instrument which establishes the right-of-way in favor of Defendant, St. Lucie County, for that portion of Indian River Drive adjacent to the Property. 7, Plaintiffis in doubt as to whether his ownership ofthe Property includes riparian rights to the Indian River or whether riparian rights were vested in Defendant, St. Lucie County, by virtue of the recording of the Revised Plat of Saeger Place, Plaintiff therefore requires a judicial detennination as to whether he has riparian rights to the Indian River. WHEREFORE, Plaintiff prays that this Court order, judge and declare that ownership of the Property includes riparian rights to the Indian River. :MELVILLE & SOWERBY, P.L. 2940 South 25th Street Fort Pierce, FL 34981-5605 (561)464-7900 ~~r~ David N. Sowerby, ESq. Florida Bar No, 0473545 .. L "- . I',-ð -ð1 . .~.I . /~- .~_/ ....... , . ·~~r~· ~..: , ,.; I ¡ J. ... .... I- I I l 1: I ) \~. '>.:~.). y..' . ( J 1 \ .' L. --Æ' .....-. J_-:"T!-' I: I . -- - . .~. o~\ .. ~-q\ -. _.:~'-. . .:. ~.~.- . .,-"".~.' .... '. ..,.,.,..-., -'. . ./-~ ./"'- -_.~ -.... . O~\ ~-d" . "",I'\'Ò . -ð-' ') f\\-ðO . . -:;:.: ! '\ . . "'t. . ! ..' ..;. ..., ~. I ì· .' , . ~ .\ \ :- .' .\ , ti...... . /L..... ," .\ 1. . ,". ;;..;1 .. ' .-., . .' -- ·~ilHrf1' .2 .2çH¡ l'f .~ . :!!;. 1i~.:¡¡ o _e~ I 1 r .. ð -' : ""~3 'II' . ~ ~:: I q ~ :. : ~ '. ... ~. ",ft J.. ... «0 . ~. ~ ~~ ' i· Z; ~ ~ ' 111.: !, 11 ¡M. " = ~ i"'ll 1r-f . .... ~ -. ) I· ., I I I I . i '1 " I . I· .~ I - . ~ '" I .. ". r· . .,', . , :¡ .. .. .' .. . .... - . [. . I ..,'. i : ,'r' t I I I ,. L. I . I . ./ ~1 . . , , . . .' . I .. . ; Ij P!{· .., 1 ..: .' . -; J} i 11.>'¡. .'1 . ¡" . l' . 1 11- ~i J.. ". ,,'" . i ;..., ~. I 'I ." t 01' .. '- 1· I . ... i . i·if...·.!:!l;: :..; .. ,_,.,',,~"'" . . . II ~ -fn l 'l ::-o._ . ~ ~.1 â 1 . :"1·" J . ~ ...L 1:; ~iT~~~ 1 1_ I .. ~ ~ ..,t'"J't1lt1 t ~. (I ! !.~i¡'ii:.!l¡ j ~I1~ . . =JJ "-}'~"'fiJ .", ~ ~ I ì ~ W ~1 c 1", .' !. ~ ~:"it¡:~ 1 J.J!lp . I & I:'-! ¡. ! Fd1' ì· , _~~_i ll:I~¡ji J 1 .. '.--- -- - 'wi I I I. ~ ~ .1 .~ ,.~ .. ...... :1 \ . \.. '-' .\ . _. II 'I. 5' ..;; i Ii ! . 1 ~' .~ _ ,J r~ too. ! d . ~ ! ~~ t ., ~ ¿ . .·~_L~rn~~~ / . :: ..... -' ...,! ~'J .. . . ~ .~ ~ 1:1 ~ d p... l' do ~.';~'¡¿1~1~~j '. ~ 0 l '1 · ~ =~l !.j~¿ ì I;" . =Œ· Ihll.~J . .' ... ~ --. '-- '<:'. j; - ~~~ \ ~f~ \\ ;¡ . ~ & '- u' ~ 1 , ~ ~\.r ~ __': ~ J.. . ..~ I.l. }- <!. ·0 I:J:~ .. '-.J . ..,.-......:......:,..~ .. .. !! ,. .~ ~ '. . , . ..l~~I'l ~ '", 1111~ J . ,.. ! t ~. lfl~l .-1 i .; IIp It .. P" 1 <>'-1'11': ~;rllì ¡ I~A f . ~! ndH11 Â "'5 i :ltll~'I = ~ ',. 1j \~... . ,. ~ f J i ~. ~ 1 i ì;" ! ~ ~~~~.. ~!'. .~å~ .~~I .~~ "t. ª ¡¡!III . . . ",,: . Ii II I, ,. ,¡ ;1 .. ~;:;~\~~ . ,-~-=:t :..-t~- ~= (;¡çJ ~ ~ Ii I' I] ."f 1. d. ~ ~ J J ~~ C). ~ ("\ ... J. ·3 .' Q . d. ó· Ñ&· .~ . . ;·:~i. ;:: .'~'.~~.:.- ~::'.. -....-:-,.·cJ.;... . .---'-- _ ....·.l.' . i _: \..;' "wi 1 . . .sEP-Ø6-2000 11 : 35 .; Lrl t t Doc .;¡;S~: S I t Doc T~ : ~ I · Itot T, : $ I I I I I I Q.CO 91'J.10 r,.QO LPJ:URJI 'to: 'rBIS- Du)'~ PRZP~ BY: B. JlaCby Brovn, bquire 1Ihi ta , lSX'QVn. l' . A. 9000 S.w. 15~~ St., St.. 102 Xiæd. norida 33157 (305) 259-8200 / FAX: 259-8222 roll0 HU:bBr : 3519-50J-0003-000-7 QWITØ(s} S~S- No. (Yer RtY"ording Us",) ~ 1n~~ "ODD '1'JC. ~, ..de this :11[1 day of Kðy, 1997 I :5.mD aAAIZR GROUP, LTD., . Florida IJ..ait.d Partne~ P, c;RAN"l'O~, ar.d ~Y1fúND A. ~oss. JR., who5e poat offic. ~. is 18S -.rw.lve Oab Lane, Ponte Vodra Beach, YI. 320.82, GlWrl'U. ~ that pic! GRAH':OR, tor and 1n consideration ot the Gum ot TEN ($1.0.00) DOLLARS, and other good and valuable considerations to 8,aid GRAJiTOR in band paid by .aid GR1ùiTd, the receipt whereot is bereby acJcncwledqed, has CJ%<I.nted, barqained and sold to the said ~ I and G1UNTEE' s heirs and assi~ to~.ver, the follavinq 4ascribed land, situate, lyinq and being in ST. LUCIE county, P'lorièla, to-wit: '1:he South 20 teet o~ Lot 2, and all of Lots 3, <4, and :;, .REVISED PIA'r OF SA...-cø P1,ACX, according to the Plat th.ereof, AS recorded in plat: BoOk 7, at Paqe 21, ot the. ~lic: Records o! st. Lucie County, FJ.orlda. TOGETHER WITH all ripari~n riqhta, if any. SUBJECT TO rqu¡trict:ìoml, ruervationa, èðlHDlents an~ liJ=ìtations of recorà, .if any, provided that t.'lis .hall not Mrve to rei:=poae sa:e; %oninq ordinances; and taxes for the year 1997 and all subsequent years. Said ~R does hereby fully warrant th", titl~ to ~aid l~nd, and will defend the :IIi!IJM. against the lawful C~4imS of any persc:l claiming by, throuqh or W\der GRANTOR. Dr 1fX~ ~J', GRANTOR has herewn;o set ~~R'S hand and seal the day and year !irat a1)ove written. CAAA¡~ GROUP, LTD., a ?lorida L1~ited Partnership BY: G(:A };OR-<:AR, ¡HC., a FloriÒ4 corporation, Sola General Partn~r Print ..... ~___, ~,,4--···-. ~ ->"''---:---? -. ./ ,~- -............... By: GRZt;ORY ROSS CA..~IER, Vice President 615 San Lorenzo Ave. Coral Gab~es, FL 33J.46 : (CORP. JcA;a !IolJiwl, .Clad. of. the Ci;çW.t Court . St. Lucie Coun~y File !iU!llber: :1. 5 5 4 9 3 a Oil SOOK 1. 0 7 9 PAGE 031. 4 Recorded: 05·28-97 10:32 ~.H. snn OJ' J'LOJlXÐa. Pr t SEAL) .__ 4 COmr!Y OW ~. ass ) I HEREBY CBRTIY'! tba't on this d:ðy, before me, an of! icer dcly authorized in the state ator.said and in the, county "!or~aid to bka ackncwledgm~mts, personally ~p~aroad QŒGO'RY 'ROSS CARRIER, as thQl Vice President ot (;'CA ~OR- CAR, INC.. a Florida corporation; th$ _ole Gen~rðl partner at ~~IER GROUP, LTD., a Florida ~it~ Part~r.hip, to me known to be the p4r~on described in and who ex.cuted th. t'oreqQlng instrum~mt and ac)tnowledqtitd batore 1IIe the execution 01' .~ tor and on behalt of the Partn~r"hlp, and who i_ ~raonally known to 1M. n~" .y M~ and official IICUÜ a!or.~aid, this ~ day at May, 1997. th.e jIcnty ., \ ! ' llz:. and St~tè Œk-/ 1\. Â)(.) I.lNOA n:¡;n L~F.U '-,....,.... It..... '" '1.1't C'TA'T1." n'C t't ~"'''''J. ~ hat P.03/08 ----:--- , . . ~ ... ,; '.. ., :-.;:.::---...;,;1- :'~"-' -~1: '.-...- ~ - .~ ~:;t;J = =-i ~ ~ , ··i';' ~', "".. .. ?l' 'SEP-06-2000 11:34 '-r" ...., .., JoAnne Holman, Clerk af tnE Circuit File l'.'um!Jer::l. 773390 OR BOOK Recorded: 12-27-99 01:25 R.n. Court - ~\. Lucie Ccunty 1..270 ?~t 0753 Pr~d bv ~nsl rl"!nm l\1: B. MACKAY 8ROWN Attðmcy aC UW WHITE & BROWN. P.A- 9000 SW 151nd St., 51*- 102 Miami, Ji10ricb J3} 57 J(J$. I59-nOO File Number. 31,,7.J)6.99 Will Call No.: s Doc Assump: $ ¡ Doc Tax $ ¡ Int Tax $ 0.00 210.00 0.00 . [StJ~"C ..\þ)\fi" "I hi" I II)( f,,, Kc,..ur;iJ1nt: I ht:1~ Special Warranty Deed This Specud Warnnty DC'Cd made ¡his .J.Q_. day of Oet~Jftbcr. ¡9~ bt:t"'~CT1 RAYMO/';D A. ROSS. J5L ~ ll\arried øaø. whose po:¡¡ office adJrcs$ is 185 Twelvc O:alu ulle. Ponte Ytdra Beach. Flori:!a 321182. ;µmtor. :\lid JAMES P. MA}(I£1..SX1 alld DEBRA MAKI£L.SKI. hu~b;I"d ~:ld wife' whos.: ¡:O~¡ oIT"~c ad....:>.:s..~ is 8?9S S. Indian Dr.. Port SaiDt Luc~. flori~ 34986. gt3I1tc~ 1\'-1aotna used hcn'." dw wrm. ~rc ....,s ~« tncJvC:.f 1Û the p¥tta Þ, 1hL' ,,,,,,rYf*,'":U.3fkj ¡~ ~Jt:\. ~:.i :(¡:r~";rT(". ~ ;:.,''''~"'' ,..' ""';I..¡J~.... -' ,:W _~ Ifto\ _>psø4cotput-"-. UU>IS ..........x<:\) Witn~Rtb. t~ ~id gT3111or. (or <Uld in con,id..'t3IÏCn of tit< s:¡m TF.N MH) :-;01100 f)()I.!.ARS (Si(.nn and other ,,'COd ~ ~1U3bl.: considcr.lrions tò ~id snctot i:I hand paid Þy saki V'1"IC~. the: r<:c::ipl ...·heren! ~~ hl.'tcby ac!f.;Klw:':d\\c"¡. 1Ia._ ~nled. bargained. ¡¡nd sold to Iho; said ~. and g.-anICC~ heirs and ;¡ssit:J1S f,)rCVL"1. ¡I..: rn:\o·..·in" J<:scrihcd \:u1d. Sllu;ll,:. tying aad being ¡r. 5.ain l.ucie Co~pt)'. Floricb. to-wil: Tbe South 40 fnt of Lot S. R£VISE.D Pl.A ï Of S;.ECF.R PLAC~:. a(eordit~ Ln 111" f'IAllhercof. II' reeordN in I'1at Bwk 7. ..t P1I~c 2.1. of Ihc Pllhlic R.(cord~ or ~t. Luci.. C Ollltl,,·. Þ~"tid". PJltC'f!lldCD(jkation ";lìm~T: Subj«( 10 l¡a~f:$ ror 1999 ;aad 'U~Uf!D! yean; Cllv.-n;onl:<. ("ndilio/1~. rf!,¡¡r~tio"). e:i\4:mt:nl", r~f!r'Yation' Ind j\:lie.tiolts of ~rd. if any. (;ranlor .,.n~1'I1$ tba! at Ihe tilDe of Ibis (nonyantt. Ihe sa!¡jn:1 pr<>pcrf)' i.~ 1101 :hc (;~nlor'~ homeslad ...itbin tbe mnlliA1; $CI fortb ill Ihe cofts!itucio" of the slalC 'If FI()r¡'I~. lIor is it C'Ofli¢'Jo~ 10 0" 2 pari of 'boAl~tesd propèrty. Gt1Inlor'~ ~sidc!lc(, Ind homc:slnd .ddr~" jo: :115 T,.<k·~ O.k.. 1..1I1C. ponte Yain BcIKÞ. FL 32032. l'o1;cth~r with all tþc tr:n<:m<:nls' hcredi~me"l~ ,"....1 a"pu'h:f';'n(~'" Ih<:1.;1" h':;I,nJ;"'t: \" Ut UJ\~":x ;11'1'(':1''''''n;: To Hav~ and tQ Hold. I~ So:/nI': in fC1: ~impl.: (oR:'i.:r. And Ih~ granlO' hereby <;Oo;c!\:1ß1S ",ilh $aid ~n'ct: 11>,,\ Ih.: !:tanlPr i~ 1:1""(ul::- sci1.1\'d or ~:"'¡ ¡af'<Í in I;;~ ~impl.:: Ih:1I Ih.: ~nlor ~ ¡;ood right and la",f...] authority 10 :><:11 an.! eno""., ~ai"¡ l¡¡nd: Ih;¡t th.: :¡nnlor hcrch~' rull~ w;¡rr~nt~ Ih.: lIelo; 10 ",¡id land and will dcf~ Iho: same 3gain$\ ell.: a..·fuL c!3im~ .,1' all pc:rsuns d;¡imin~ I>~. Ihfl'u~h ~~ Ult"'o;l 1:tf'.ln\l.r~ In Witn~ss Wbt:n:of. ¡:rantor~' hl:feun1f,1 ,,<:1 :~rallh>r\ hand '"1.1 'i-\:;¡I tl>;: J;¡y an.! ~o:a: I~I "¡"'''I.' '.\flll\"'. Si¡;nr:d. ~c;¡kd :lnd dcliv.:ro;d ii, our prcscnC':: ~-- Mess Namc.-: . .-9',Q./~ .~~..~. ..~~0.{" Wilf1'(n Namc' /¡;,.f!..J!,-( J..., 'J.-.tiftJ ~')/¡'ï ;, ,100-·r);é ,~¡( -;.:/ li¡\y'iZ)NDÃ."iinss:Út.· .. IS,,,,} .,- :-1;>1,: ..,f 1'1"riJ.. (' U1I111;< uf St. juh,,~ Th", (,)t<'id¡n~ iJ\slnn"CI", \,Va> :Kknowh:tI¡;o:d hcf,)rl.'l1l': Ihi~2" d:\~ nr I)O:c.:I\II.....~. II')<) h~ 1',\ Y/l.·t(J~D ^ ~()~~.)~. ,.\,., : I ¡" p.:r:lOltlllly knuwn ut [X ll,;a~ prnJucCt! ~ Drivcr\ I.kcJ\": ôl' IIJe~\lili\';llrl'n - e lut-,L~, r!-.wt._~ I,-",ta!) :\\.,,11 I'nt"ry I'\hli~' . 'J PT1nl(',' Nmn..· ç: llA~ 1~. f.~, 0 l¡¡"'\~ L ~".~'( ~ ç~uOETIe MANTl 3 ~~'CC~1 ~ ~ ~ SU :¡¡). 2(XX) ~ ~~ .'~f1fý\. ,.~ ~ co OOA M~ (".IHunl~.,at\" \: 'p'('"S Ooub'e T1..- P.02/08 ~ ......, IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN Al~D FOR ST. LUCIE COUNTY, FLORlDA. CASE NO.: OO-CA-OOl103 (OC) RAYMOND A. ROSS, JR., Plaintiff, JUDGE: HAWLEY v. BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORlDA, / snœULATEDSETTLEMENTAGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the Plaintiff, RAYMOND A. ROSS, JR., by and through his undersigned attorney, and Defendant, BOARD OF COUNTY CONIMISSIONERS FOR ST. LUCIE COUNTY, by and through the undersigned County Attorney. 1. The parties hereto agree to entry of a Final Declaratory Judgment in form and substance as attached hereto as Exhibit "A" and incorporated herein by reference. 2. Defendant, BOARD OF COUNTY CONIMISSIONERS FOR ST. LUCIE COUNTY, agrees to grant Plaintiff (or his successors in interest to the Property), such licenses and/or permits as the County of St, Lucie is authorized to give and as are necessary to connect a dock to the public right-of-way for Indian River Drive. Issuance of said licenses and/or permits shall be conditioned upon the Plaintiff (or his successors in interest to the Property), obtaining requisite permitting for the construction of a dock from all other appropriate governmental regulatory agencies and meeting all further requirements of St. Lucie County for the construction of a dock St. Lucie County shall retain ~ ...".; the right to reasonably designate the point of attachment of the dock to the public right-of-way for purposes of avoiding interference with present and future use of the public right-of-way by the County. Signed this 2&daY of September, 2000. Signed this _ day of September, 2000. MELVILLE & SOWERBY, PL. 2940 South 25th Street Fort Pierce, FL 34981-5605 (561-464-7900) Attorneys for Plaintiff BY.ru~~ David N. Sowerby"- Florida Bar. No. 0473545 DANIEL S. McINTYRE COUNTY ATTORNEY St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 (561) 468-1415 Attorney for Board of County Commissioners of St. Lucie County, Florida By: Daniel S. McIntyre County Attorney Florida Bar No. 287571 ~ ~ ......, IN THE CIRCUIT COURT OF TIlE NINETEENTH JUDICIAL CIRCUIT IN A1~D FOR ST. LUCIE COUNTY, FLORlDA. CASE NO.: OO-CA-OOl103 (OC) RAYMOND A. ROSS, JR., Plaintiff, JUDGE: HAWLEY v. BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, A POLmCAL SUBDMSION OF THE STATE OF FLORIDA, r FINAL DECLARATORY JUDGMENT This action having been resolved between the parties upon Stipulation, and the Court having reviewed the pleadings, the Stipulated Settlement Agreement, and the applicable law and being otherwise fully apprised of the issues. IT IS ADJUDGED as follows: 1, That riparian rights in and to the Indian River are appurtenant to, and are incident to ownership of~ the following described real property: The South 20 feet' of Lot 2, and all of Lots 3, 4, and 5, REVISED PLAT OF SAEGER PLACE, according to the Plat thereof, as recorded in Plat Book 7, at Page 21, of the Public Records of St. Lucie County, Florida, LESS AND EXCEPT the South 40 feet of Lot 5. 2. That said riparian rights exist in and to the Indian River as located directly opposite Indian River Drive from the above described parcel of real property, · '-' ...., DONE AND ORDERED in Fort Pierce, St. Lucie County, Florida, this ,2000. Circuit Court Judge cc: David N. Sowerby, Esq. Daniel S. McIntyre, Esq. day of r ~ . ~ .....,¡ IN TIrE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN Ai'ID FOR ST. LUCIE COUNTY, FLORIDA. CASE NO.: 00-CA-00ll03 (OC) RAYMOND A. ROSS, JR., Plaintiff, JUDGE: HAWLEY v. BOARD OF COUNTY COM1\¡IISSIONERS FOR ST. LUCIE COUNTY, A POLITICAL SUBDMSION OF THE STATE OF FLORIDA, / WAIVER OF SERVICE OF PROCESS CONSENT TO JURISDICTION TO: David N. Sowerby, Esq., attorney for Raymond A. Ross, Jr. l\'lELVILLE & SOWERBY, J?L. 2940 South 25th Street Ft. Pierce, Florida 34981-5605 I acknowledge receipt of your request that I waive service of process on behalf of Defendant in the declaratory action styled Raymond A. Ross. Jr. v. Board of County Commissioners for St. Lucie County. A Political Subdivision of the State of Florida in the Circuit Court of the Nineteenth Judicial Circ~it in and for St. Lucie County, Florida, Case No, 00- r.A-OOll 01 (OC) . I have also received a copy of the complaint, two copies of this waiver, and a means by which I can return the signed waiver to you without further cost to me. I agree to save the cost of service of process and an additional copy of the complaint in this lawsuit by not requiring that Defendant, on whose behalf I am acting, be served with judicial process in the manner provided by Fla,R.Civ.P. 1.070. I hereby submit, on behalf of the Defendant, to the Jurisdiction of this Court. '-' """ I declare that my relationship to the entity to whom the notice was sent and my authority to accept service on behalf of such person or entity is as follows: County Attorney representing the Defendant herein in this matter. Defendant will retain all defenses or objections to the declaratory action or to the jurisdiction or venue of the court except for any objections based on a defect in the súrnmons or in the services of the summons. Defendant understands that a judgment may be entered against it if a written response is not served upon you witlùn 20 days from the date I execute this Waiver of Service of Process. DATED on September ¡)lJ ,2000. Os. McIntyre County Attorney, St. Lucie County, Fla. 2300 Virginia Avenue, Ft. Pierce, FL 34982 Attorney for Board of County Commissioners of St. Lucie County Florida Bar No. 287571 (561) 468-1415 '. '-'" "'" ..--. ....... ITEM NO. ~ DATE: 10/10100 CONSENT X REGULAR PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X ] [ ] APPROVED OTHER: County Attorney: Originating Dept.: Community Develooment/Tourism Division R. J. Gibson Advertising Invoices R. J. Gibson, Inc. has been contracted to provide advertising services for the St. Lucie County Tourist Development Council. The invoices with all back up included in the amount of $22,529.34 for September represents cost for the following; $19,920.75 $ 2,509.00 $ 99.59 Media Placement Design & Printing of Video Covers Expenses The Tourist Development Council and Staff recommend Board approval to pay the attached invoices. DENIED Coordination/Sianatures Management , Budget: E'urchasing: Other: Other: Finance: (Check for Copy only, if applicable) ~~ -, ~ '-' AGENDA REQUEST ~TEM NO. C -loB DATE: 10/10/00 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [] Quasi -Jud. [ TO: BOARD OF COUNTY COMMISSIONERS Development Dir. SUBMITTED BY: Community Development Dept. SUBJECT: Final Hearings - Comprehensive Plan BACKGROUND: At its regular meeting of Tuesday, September 26, 2000, after a request by the Comprehensive Study Group and the League of Women Voters, the Board agreed to hold the final hearing for the adoption of the Comprehensive Plan on November 8, 2000 with a possible carry over to November 9, 2000. Subsequent to that meeting, the Board decided to hold this hearing after newly elected Commissioners, if any, are seated. After discussions with individual Commissioners, staff recommends that the first hearing be scheduled for December 5, 2000. Because of the volume of information to be considered, this hearing could be continued to one or more additional dates. Staff also recommends that the hearing be held from 4: 00 to 6: 00, prior to the Board's regular meeting. The hearing could be continued to later in the evening if the regular agenda permits. FUNDS AVAILABLE: N/A PREVIOUS ACTION: First review of all Comprehensive Plan elements. RECOMMENDATION: Staff recommends that the Board set the first final Comprehensive Plan Hearing at 4:00 p.m. on December 5, 2000, and direct staff to advertise same. This hearing may be continued to later dates or times as necessary. XJ APPROVED ] OTHER: DENIED ug as M. Anderson Cou ty Administrator COMMISSION ACTION: Review and Approvals (~ Management" Budget: Purchasing: County Attorney: Originating Department: Other: Other: Finance: (Check for Copy only, if applicable) \ -;¡ ~ "'" MEMORANDUM COMMUNITY DEVELOPMENT Planning Division From: Board of County Commissioners Doug Anderson, County Administrator David Kelly, Planning Manager ç/l'L", Julia Shewchuk, Community Development Director To: Through: Date: October 4, 2000 Subject: Final Hearings - Comprehensive Plan At its regular meeting of Tuesday, September 26, 2000, after a request by the Comprehensive Plan Study Group and the League of Women Voters, the Board agreed to hold the final hearing for adoption of the Comprehensive Plan on November 8 with a possible carry over to November 9. Subsequent to that meeting, the Board decided to hold this hearing after newly elected Commissioners, if any, are seated. After discussions with individual Commissioners, staff recommends that the first hearing be scheduled for December 5, 2000. Because of the volume of information to be considered, this hearing could be continued to one or more additional dates. Staff also recommends that the hearing be held from 4:00 to 6:00 prior to the Board's regular meeting. The hearing could be continued to later in the evening if the regular agenda permits. cc: County Attorney Asst. Community Development Manager , " ~/ '?f" ~ Agenda Request "'" Item Number Date: 6C - 6 Oct. 10,2000 Consent Regular Public Hearing Leg. [ ] [ x ] [ ] [ ] Quasi-JD [ BACKGROUND: Interlocal Agreement between the Property Appraiser and t oard of County Commissioners for the updating of the countywide aerial photographs of St. Lucie County, Florida, and converting such documents from paper media to digital media. Approximately every three (3) years, the Property Appraiser has new aerial photography flown of the County. This photography is used by both the Property Appraisers Office and County Commissioners staff for a variety of general government and planning purposes. This imagery is also made available to the general public. .Ç' 0"1.. - . Development Director To: Board of County Commissioners Submitted By: Community Development Director SUBJECT: As part of this photography project, the Property Appraiser has begun to convert from standard photographic images of the County to digital imagery of the County. Converting this photography to digital imagery allows greater manipulation of the imagery and also increase their potential uses for planning and presentation purposes, Last budget year, the Community Development appropriated $20,000 out of our GIS Divisions, Professional Services budget as our share of this annual project. The overall project budget for FY 1999/00 was $63,500. What the County Commission got for its share of this project budget is high resolution, orthographic images of the central portions of the County. This high-resolution orthographic imagery provides for a seamless matching of the imagery and the elimination of most, if not all, of the edge distortion associated with this type of imagery product. Since our office is one of the heaviest Board of County Commissioners users of this imagery, we have agreed with the Property Appraiser that it would only be fair that we participate in covering some of the cost to update this imagery on an annual basis. To meet this objective, we have appropriated another $20,000 in the FY 00/01 budget as our share of the continuing program of providing for high-resolution imagery of the County. We will be budgeting additional payments of $20,000 per year for FY 2001/02 and FY 2002/03. I except that this will likely become a recurring expense that we will be appropriating funds for each year thereafter, Our contributions to the program, along within funds provided by the Property Appraisers Office, will allow for the updating of approximately 1/3 of the County each year with new imagery, This 1/3 annual update will, over a three (3) year period, provide for a complete recycling of the imagery of the County and allow us to have the most current imagery possible for the each community. FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: Funding for our participation in this program will be will be through the Unincorporated MSTU since our use of these images is predominately limited to the unincorporated areas of the County, We will not be using general fund monies to pay for this activity, The attached Interlocal Agreement between the County and the Property Appraiser describes our level of participation and responsibility on this project. Funds Available in 100-001-1520-531000-100 (FY 2000/01 Budget Year) Staff recommends approval of the attached Interlocal Agreement with the St. Lucie County Property Appraiser. ONCURRENCE: COMMISSION ACTION: c::KJ APPROVED c=J DENIED c=:J OTHER Douglas M. Anderson County Administrator Coordination! Siqnatures County Attorney Originating Dept.: Finance: t,fà . Mgt. & Budget: Other: Purchasing: Other: (AGEND532a) , , ~ ....." COMMISSION REVIEW: October 10,2000 DEPARTMENT OF COMMUNITY DEVELOPMENT , Administration MEMORANDUM TO: Board of County Commissioners FROM: Dennis J. Murphy, Asst. Community Development Director DATE: October 5, 2000 SUBJECT: Interlocal Agreement between the Property Appraiser and the Board of County Commissioners for the updating of the countywide aerial photographs of St. Lucie County, Florida, and converting such documents from paper media to digital media. Approximately every three (3) years, the Property Appraiser has new aerial photography flown of the County. This photography is used by both the County Property Appraisers Office and County Commission Staff Offices for a variety of general government and planning purposes. This imagery is also made available to the general public. As part of this photography project, the Property Appraiser has begun to convert from standard photographic images of the County to digital imagery of the County. Converting this photography to digital imagery allows greater manipulation of the imagery and also increase their potential uses for planning and presentation purposes. Last budget year, the Community Development Department appropriated $20,000 out of the GIS Divisions Professional Services budget as our share of this annual project. The overall project budget for this year was $63,500. What the County Commission got for its share of this project budget was high resolution, orthographic imagery of the central portions of the County. This high resolution orthographic imagery provides for a seamless matching of the imagery and the elimination of most, if not all, of the edge distortion associated with this type of imagery product. Since our office is one of the heaviest Board of County Commissioners users of this imagery, we have agreed with the Property Appraiser that it would only be fair that we participate in covering some of the cost to provide this imagery. To meet this objective, we have appropriated another $20,000 in the FY 2000/01 budget as our share of this continuing program of providing for high resolution imagery of the County. We will be budgeting for additional payments of $20,000 year for FY 2001/02 and 2002/03. Our contributions to the program, along within funds provided by the Property Appraisers -to "' , '-' ......, October 5, 2000 Page 2 Subject: Digital Imagery Updates 11 Office, will allow us to update approximately 1/3 of the County each year with new imagery. This 1/3 annual update will, over a three (3) year period, provide for a complete recycling of the imagery of the County and allow us to have the most current imagery possible for the each community. Funding for our participation in this program will be will be through the Unincorporated MSTU since our use of these images is predominately limited to the unincorporated areas of the County. We will not be using general fund monies to pay for this activity. The attached Interlocal Agreement between the Board of County Commissioners and the Property Appraiser describes our levels of responsibility and participation in this i~'1 update project. Staff recommends approval of the attached Interlocal Agreement with the St. Lucie County Property Appraiser. If you have any questions, please let me know. velopment Director Daniel S. Mclntyr County Attorney~ SUBMITTED djm attachment PHOT01(A87) cc: County Administrator Property Appraiser Ass!. County Administrator County Attorney Information Technology Director GIS Manager Planning Manager ". , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 '-' ...." INTERLOCAL AGREEMENl THIS AGREEMENT is entered into this day of 2000,þy and &íWeen Douglas S. Putnam, as St. Lucie County Property Appraiser (the "Property Ap . " nd the Board of County Commissioners of St. Lucie County, Florida (the" unty" for the Financial Participation of the County with the Annual Digital Imag pdat by the Prope Appraiser. WHEREAS, the County desires to assist the Property benefit that will accrue to the community. WHEREAS, the Property Appraiser desires to update h' Florida and convert such documents from paper mediå NOW, THEREFORE, IT IS AGREED AS FQLLOWS: ,L General. Section<;63.01 Fla. Stat., Florida Interlocal This agreement is Cooperation Act. 2. all, in accordance with his Purchasing Guidelines, select a r the St. Lucie County aerial photographs. A copy of the thèCounty Attorney for review prior to execution by the L The Property Appraiser shall serve as administrator of the contract and will oversee all work undertaken by t6& digital imagery provider. al photographs and digital imagery data shall be owned and maintained by the operty Appraiser, except that the County shall have the right to access both the digital and photographic imagery for general government purposes. Subject: Digital Imagery Updates October 10, 2000 Page 1 ,. " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ~ º"'- L .'-' Roll of the County. """ " The County agrees to pay the Property Appraiser the sum of twenty thousand ($20,000) dollars per year on January 1 of each year during the term of this agreement beginning on January 1, 2001, and continuing on January 1, 2002, and January 1,> 2003, as its contribution for the digital imagery update project. The parties acknowled9~that the County has previously paid to the Property Appraiser twenty thousand 0,09Q) dollars, through the Community Development Department FY 99/0 udget he initial phase of the digital imagery update project Term of Aqreement. This agreement shall be effective from the February 1, 2003. This agreement may be mutual consent of both parties. At the end of su.~~ in writing and agreed to and executed by both parties. Amendment. This Agreement may only be ame.I1<:1ed In ~..~. Clerk of the Circuit Court of St. Lucie, Flort<:l.;3, parties and filed with the ª"- Notices. All notices, requests, consents, andq!ti$r coil} ications required or permitted under this ~iting (includiri tel~ªtaphic communication) and shall be delivered istered orc!edreturn receipt requested and addressed to: St. Luci unty .Administrator 2300 Virgin>ia Avenue Administration nnex Fort Pierce, FL 3 As to Propertv AppFaiser: St. Lucie Cqunty Property Appraiser 230º~I~gi')ia Avenue - Room 107 FortRi~rce, FL 34982 ~ Assiqnment. With a Copv to: St. Lucie County Attorney 2300 Virginia Avenue Administration Buildinc, Annex Fort Pierce, FL 34982 No party shall assign this Agreement to any other persons or firm without first obtaining the October 10, 2000 Page 2 Subject: Digital Imagery Updates , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '-" "-'" non-assignment parties' approval. ~ 10. Filinq. This Agreement shall be filed with the Clerk of the Circuit Court ofßt. LucieÇ3ounty, Florida, prior to its effectiveness. .11.... General. This Agreement embodies the whole understal] promises, terms, conditions, or obligations ot Agreement shall supersede all previous comm either verbal or written, between the parties here IN WITNESS WHEREOF, the parties hereto havec used th authorized officials on the dates stated below. hereof by their duly ATTEST: l.JNTY COMMISSIONERS NTY, FLORIDA 'John Bruhn, Chairman DATE APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Subject: Digital Imagery Updates October 10, 2000 Page 3 ,. j 1 2 3 4 5 6 7 8 9 10 '-" ~ ST. LUCIE COUNTY. PROPERTY APPRAISER Deputy Clerk Subject: Digital Imagery Updates October 10, 2000 Page 4 ....., .. .,/ 'w' '..,J AGENDA REQUEST ITEM NO. C-7 DATE: October 10,2000 REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel DIRECTOR SUBMITTED BY(DEPT.): Information Technology SUBJECT: Approve the total five year cost for the lease purchase for the IBM HA/CMP computer system from funds available from loan proceeds. BACKGROUND: The Board of County Commission approved the item C-14A on September 12,2000. Please reference the approved agenda request attached. OMB has recommended the entire amount $625,000.00 of the five year lease be capitalized for expense this fiscal year. The original approved FY2000-01 Equipment Request #01-004, for $125,000, will be applied to Principle and Interest on the loan. FUNDS AVAILABLE: The funds were approved to cover the annual lease payment. These funds were approved and are available in account number 501-9000-564000-800. The lease agreement with IBM Credit Corporation was approved on September 12, 2000. PREVIOUS ACTION: The Board of County Commission approved item C-14A on September 12,2000. See the attached approved agenda request. RECOMMENDATION: Staff recommends the Board of County Commission approve the total five year cost for the approved lease purchase of the IBM HA/CMP computer system from funds available from loan proceeds in accordance with the approved agreement with IBM Credit Corp. Staff also recommends the Board of County Commission approve Budget Resolution #00-219 and revised Equipment Request #01-004. County Attorney: ::2z Originating Dept: f: U ou as Anderson Co nty Administrator Review and Approvals Management & Budget~urchasing: Other: Other: NCE: COMMISSION ACTION: (?C)APPROVED ( ) OTHER ( ) DENIED '-' '~ RESOLUTION NO. 00-219 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from Capital Lease Proceeds to be used for the lease purchase of the IBM HAlCMP computer system for the Information Technology Department. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 10th day of October, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-01, and the County's budget is hereby amended as follows: REVENUES 501-0000-383100-00 Capital Lease Proceeds $625,000 APPROPRIATIONS 501-9000-564000-800 Machinery & Equipment $625,000 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 10TH DAY OF OCTOBER, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ m ... e- OJ m c c II D c c D <: m c en c c Cñ "C ::¡; ::j G) "C :Þ 3: "T1 m 3: Õ ;0 m Õ -I m z -I Z ~ :Þ z 3: -I 3: :-:I m ;0 Õ 0 z m z c :-:I ~ .. z :-:I III ;! ~ c: ~ 0 0> < CD ~ " 0 5JI 5< 0 ~ 0 I 0- 0 C/) ::0 0 0 (I) 0 ~ ~ ~ 0 0 ëD ëD ~ :j 0 < ::0 < (') ::0 rTI ::0 ~ (I) (') CD ~ :t < CD (') < ..., ~ 0 en ::J r- -I CD 0 m~ CD G) ~ -< Dc Õ -¡ So (') 0- 0 "tJ- CD < s::m ø :j mO "t:J < zO Q) ~ I -IC C) ::oZ CD :j Q. m-l Q. 0 D-< c: < CD cO::J õ mO 0 , en» 1;- ::J -1::0 I i--- co z :Þ ;0 .,,0 0 0 :5' m "C m 00 0 ~ "C 0 0 co ;0 0 ::0." C ib' . ;0 0 3: "'0 z ~ m < -I ø "C m 3: 000 ç: c m OC z ~ z c 0 c »z 3: m m ~~ OJ 3: c m m mo ;0 z »0 :-:I ::os:: NS:: 0- oen °en 1_ NO 01 ::0 ~ ~ gz 0 ~ ~ "'m I C/) C/) ::0 <0 ~ 0 en 0 (') 0 I ~ 01 0> ~ ~ 0 ::0 0 -¡ 0 III I S Q:) 0 C/) 0 g¡ -, \.,fNE-TO-LlNE TRANSFER RE~EST DEPARTMENT: OMB/lnformation Technoloqy DATE: 03-0ct-OO ACCOUNT NUMBER ACCOUNT NAME AMOUNT BALANCE VERIFY TO: 501-9950-571100-800 Principle - Notes $95,000 $0 $0 501-9950-572100-800 Interest - Notes $30,000 $0 $0 FROM: 501-9000-564000-800 Machinery & Equipment $125,000 $125,000 $125,000 REASON FOR TRANSFER: TRANSFER FUNDS INTO PROPER ACCT FOR FY 2000-2001 FUNDS SHOULD BE IN PRINCIPLE AND INTEREST INSTEAD OF MACHINERY & EQUIPMENT CONTACT PERSON: Maureen Decker PHONE #: x 1719 DEPARTMENT APPROVAL: OMB APPROVAL: ~Cþ ADMINISTRATION APPROVAL: OMB NOTES: APPROVAL DATE: INPUT BY: LlNE-TO-LlNE TRANSFER #: DOCUMENT #: ..:, " ''w' ...., AGENDA REQUEST ITEM NO. C-14A DATE: September 12, 2000 REGULAR ( ) PUBLIC HEARING ( CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel SUBMITTED BY (DEPT): Information Technology SUBJECT: Approve the attached agreement with IBM Credit Corporation to finance the IBM HAlSMP computer system to replace the Unix Servers. BACKGROUND: The Unix Server replacement project was budgeted for replacement. The current Unix computers are not capable of supporting the new SCT upgrades that utilize the new releases of the Oracle data base software, After evaluating all the major Unix platforms, the Information Technology management team has determined that IBM proposed the most cost effective Unix solution that meets or exceeds the county needs. The IBM HAtCMP solution will provide the county with built in redundancy and future growth potential. The IBM system is available from the State of Florida contract and many other Counties in Florida already are utilizing the same proven technology. The Banner Task Force reviewed the proposed IBM HAlCMP Unix solution and acknowledged their approval. FUNDS AVAIL: The Unix Server replacement project is funded entirely within the Information Technology budget The funds are in account number: 501-9000-564000-800 , The purchase will be financed by IBM Credit Corporation and paid over the next five years. PREVIOUS ACTION: The Information Technology Management Team and the Banner Task Force which included the Clerk of Courts, have recommended the Board of County Commission proceed with the approval of the IBM HAtCMP computer systems. RECOMMENDATION: Staff recommends the Board of County Commissions approve the IBM HAtCMP computer systems from Communications Technical Systems, Inc. (CTS) and the financing arrangements through IBM Credit Corporation in accordance with the attached agreements subject to final approval of the agreement by the county attorney" ~~APPROVED ( ) OTHER ) DENIED COMMISSION ACTION: ()y/Review and Approvals County Attorney: fA Management & Budget: Originating Dept. a ) Other Purchasing '-'" AGENDA REQUEST ....., ITEM NO. C-8 DATE: October 10,2000 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Request to approve a grant application on behalf of the St. Lucie County Sheriff's Office BACKGROUND: St. Lucie County Sheriff's Office has filled out an application to participate in the DUI Enforcement Specialist Program offered by the US Department of Transportation. To address the problem of alcohol related crashes, the Sheriff's Office intends to enhance DUI enforcement by employing a DUI enforcement Specialist. $76,060 can be awarded for this purpose. Florida Department of Transportation will be passing through the federal funds for this program. No local match is required. FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve grant application for the DUI Enforcement Specialist Program, and authorize the County Administrator to sign the application. COMMISSION ACTION: NCE: [x] APPROVED [] DENIED [ ] OTHER: Cou nty Attorney: XX :.1 L/í~~ Coordination/S jqnatures Management & Budget: XXrn rwJ e4!JpurchaSing: Public Works: O~her: Originating Dept: :..". Finance: (Check for Copy only, if applicable) XX G;\BUDGET\ WP\AG ENDA'SlAgendaO I \ 10'1 OSheriff_ Grant. wpd 1/ . '-' """ MEMORANDUM TO: Mika Goriewicz, Budget Analyst St. Lucie County Management & Budget Department FROM: Undersheriff Dennis M. Williams)\O\ DATE: September 28, 2000 SUBJECT: Florida Department of Transportation Highway Safety Subgrant D. U .1. Enforcement Officer NUMBER: .00.09.08 The Sheriff's Office is applying for U.S. Department of Transportation, Highway Safety funds. To address the problem of alcohol related crashes, the Sheriff's Office intends to enhance D.U.l. enforcement by employing a D.U.l. Enforcement Specialist. The St. Lucie County Sheriff's Office will make application to the Florida Department of Transportation for a sub-grant seeking a $76,060.00 allocation. No match is required. Once our application is approved, St. Lucie County will be the applicant agency; St. Lucie County Sheriff's Office will be the implementing agency; the title of the project for which the Sheriff's Office will seek funding will be the St. Lucie County D.U.l. Enforcement Specialist project; and our Traffic Unit supervisor, Sgt. Jerry Rothman, will function as Project Director. Attached is the original copy of the grant application including acceptance and agreement requirements (part V). Please have the County Administrator endorse (blue ink preferred) all five endorsement pages and return the entire packet to Captain Graves. Please contact Captain Mike Graves at pager number 343-4099, if you have any questions. mg c c Major David Walters, Director of Law Enforcement Major Richard Duncan, Director of Administration Captain Mike Graves Sgt. Jerry Rothman Mr. Henry Walker, Comptroller Attachment ¡~..... . SAFETY OGC - 08199 ~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO' SUBGRANT APPLICATION ....." FOR HIGHWAY SAFETY FUNDS For D. O. T. Use Only Project Number: DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: , Date Revised: Subgrant History: (1 ) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project Title: St. Lucie County DUI Enforcement Specialist 2. Type of Application: :@ Initial 0 Continuation 3. Requested Subgrant Period: October 1, 2000 to September 30, 2001 4. Support Matching Total Sought: $ 76,060.00 Share: 0.00 Budget: $ 76,060.00 5. Applicant Agency (Subgrantee): 6. Implementing Agency: St. Lucie B.O.C.C. St. Lucie County Sheriff's Office Douglas Anderson, County Administrator Robert C. Knowles, Sheriff 2300 Virginia Avenue 4700 West Midway Road Fort Pierce, Florida 34982 Fort Pierce, Florida 34981 Telephone: (561) 462-1450 Telephone: (561) 461-7300 7. FederallD Number: 59-60000835071 8. State SAMAS Number (State Agencies Only) 9. Chief Financial Officer: 10. Project Director: Christiann K. Hartley, Finance Director Sergeant Jerry Rothman St. Lucie County St. Lucie County Sheriff's Office 2300 Virginia Avenue 4700 West Midway Road Fort Pierce, Florida 34982 Fort Pierce, Florida 34981 Telephone: (561) 462-1476 Telephone: (561) 462-3296 11. Project Summary: Briefly describe the problem and the proposed solution. St. Lucie County has recorded 757 alcohol-related crashes during the past three (3) years. Approximately 708 people were injured in these crashes and 39 people were killed. To combat this problem, the St. Lucie County Sheriff's Office will add one deputy to the Traffic Unit to patrol high crash locations during the evening hours, conduct public awareness programs to make the citizens of St. Lucie County more aware of the problem and participate in periodic DUI "Wolfpacks". '.' , Funds Provided by U.S. Deparlment of Transporlatjon. Natjonal Highway Traffic Safety Administratjon, Catalog of Federal Domestjc Assistance Number- 20.600, State and Community Highway Safety Program. FORM 500-065-01 SAFETY OGC . 08199 Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, wh.o will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) State below and use continuation pages as necessary. Statement of the Problem St. Lucie County is one of the fastest growing areas in the United States and the third fastest growing in Florida. St. Lucie County is bordered on the south by Martin County, Indian River County to the north, Okeechobee County to the west and the Atlantic Ocean to the èast. St. Lucie County occupies six hundred (600) square miles. There are five major highways which pass though St. Lucie County; U.S. Highway 1 in the east, the Florida Turnpike & Interstate 95 in the center, and State Road 70 & State Road 68 in the west. The county, with a current population of 175,458, experience and additional 23,000 increase during the winter. As this growth continues, so do the number of alcohol related crashes. The following table, based on the latest available D.H.S.M.V. crash statistics, reflects a problem area that needs to be addressed: I 1998 1997 1996 Alcohol-Related Crashes 219 245 293 Alcohol-Related Injuries 199 257 252 Alcohol-Related Deaths 11 9 19 . Percent (%) of All County Crashes 10.78% 11.72% 13.02% State Average of Alcohol Related Crashes 9.26% 10.02% 10.31 % . St. Lucie County has recorded 757 alcohol-related crashes during the past three years. Approximately 708 people were injured in these crashes, and 39 people were killed. St. Lucie County has averaged a 1.98% percent increase above the State average yearly. Thus indicating a need to curb alcohol-related crashes in St. Lucie County. .- , ""Ift\'"' 2 '-' .....,.; FORM SOO-œ5-01 SAFETY aGe . 08199 Proposed Solution To address the problem of alcohol-related crashes, the St. Lucie County Sheriff's Office plans to add one additional deputy to our Traffic Unit. This deputy will receive special training in the detection and apprehension of impaired drivers, and he/she will be furnished marked patrol cars with rådar and in-car video units. This deputy will have the primary task of locating and arresting drivers that are under the influence of an alcoholic beverage. This deputy will be in a marked and equipped police units, working during the hours of 8pm to 4am, five days a week. He/she patrol areas will be determined by identifying areas of high alcohol-related crash occurrence. DUI Enforcement Specialist The Sheriff's Office plans to conduct public awareness programs to make the citizens of St. Lucie County more aware of the DUI problem in the county. The Traffic Unit will coordinate with other agency members to conduCt presentations to business and civic groups, student assemblies and retirees. The deputies may also be assigned to participate in planned public awareness activities. The St. Lucie County Sheriff's Office will also conduct DUI "wolfpacks" in November, January, March, May, July and September. The wolfpacks will concentrate in those areas with the highest alcohol-related traffic crashes. Deputies will also participate in checkpoints hosted by the Port St. Lucie Police Department. Objectives 1. To drastically decrease the total number of alcohol-related crashes, injuries and deaths in St. Lucie County. 2. To arrest and convict at least 100 more impaired drivers in 2000/2001. 3. To conduct at least 20 public awareness programs. 4. To conduct at least 10 wolfpacks and checkpoints in 2000/2001. Evaluation The St. Lucie County Sheriff's Office will evaluate the overall success of the project based on a comparison of alcohol-related crash data reported by the Department of Highway Safety and Motor Vehicles. Local data will also be used to evaluate the effectiveness of the project. .. ."'. 3 l Timetabl~ Milestones '-' Milestones 1 st Quarter 2nd Quarter 3rd Quarter 4th Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Advertise position XXX X Order equipment XXXX XXXX XXXX Hire deputy and implement XX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX increased nUl Enforcement Receive equipment and place XXX XXX XXX into operation Conduct nUl "Wolfpacks" XXX XXX XXX XXX XXX XXX Send deputy to nUl training XXX Conduct public awareness XXX XXX XXX XXX XXX XXX XXX SAFETY OGC 08199 , ."'. 4 ~art \II: PROJECT DETAIL BUD~ Project Title: St. Lucie County DUl Enforcement Specialist Project Number: BUDGET CATEGORY - Contract Number: TOTAL FEDERAL FUNDING A. Personnel Services Reg. Salary for one Deputy $ 26,000.00 $ 26,000.00 Overtime Salary (100 hrs overtime) $ 1,800.00 $ 1,800.00 Benefits for one deputy $ 15,393.00 $ 15,393.00 Sub-total $ 43,193.00 $ 43,193.00 B. Contractual Services Sub-total C. Expenses Uniforms Equipment (Badge, belt/gear, hat, rain coat, collar brass, cuffs, flashlight, traffic vest, traffic gloves, 35mm camera, riot helmet, etc.) $ 400.00 $ 400.00 $ 1,500.00 1,500.00 Travel to DUl Symposium $ 300.00 $ 300.00 Sub-total $ 2,200.00 $ 2,200.00 D. Operating Capital Outlay One police package vehicle Radar and in-camera system Radios (W/T and car) Laptop computer Sub-total E. Indirect Cost Sub-total Total Cost of Project $ 20,067.00 $ 20,067.00 $ 4,000.00 $ 4,000.00 $ 4,100.00 $ 4,100.00 $ 2,500.00 $ 2,500.00 $ 30,667.00 $ 30,667.00 OGC . 08/99 NON-FEDERAL STATE LOCAL $ 76,060.00 $ 76,060.00 Budg'EÚ Modification Number: Effective Date: : .". 5 · BUDGET NARRATIVE \.."J ~. Project Title: St. Lucie County Dill Enforcement Specialists Project Number: Contract Number: OGC 08199 The following .is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. Salaries and Benefits Costs to be reimbursed in this category include the base salary and benefits for one deputy, along with 100 hours of court over- time. Benefits include retirement, FICA, health and life insurance, and holiday pay. Expenses Costs to be reimbursed in this category include uniforms, jacket, related equipment, armored vest, blank video tapes, camera, mag light, and travel to Dill Symposium. Operating Capital Outlay Costs to be reimbursed in this category include one patrol car with radios, lightbar and siren, radar, in-car video system, cage, and laptop computer. Federal Funds $ 43,193.00 $ 2,200.00 $ 30,667.00 .... . Budget Modification Number: Effective Date: 6 SAFETY OGC 08199 '-' Part IV: REPORTS '-' Quarterly Progress Report Narrative for the quarter. - Project Title: Project Number: Implementing Agency: St. Lucie County Sheriff's Office St. Lucie County nUT Enforcement Specialist Project Director: Sergeant Jerry Rotbman Briefly describe the subgrant activities that took place during the quarter. Attach additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with this narrative at the end of each quarter. .- : .". 7 -- . 6/99 . QUARTERL Y~OGRESS REPORT OF PERFOR~NCE INDICATORS for the quarter. Project Title: St. Lucie County DUI Enforcement Project Number: Implementing Agency: St. Lucie County Sheriff's Office . Project Director: Sergeant Jerry Rothman Perfonnance Milestones Accomplished Indicators Quarter Quarter Six-Month Quarter Quarter Project Ending Ending Totals Ending Ending Totals December 31 March 31 June 30 September 30 Number of DUI arrests made by the deputy hired under the sub grant. Number of saturation patrols at which the deputy hired under the sub grant participate . Number of DUl checkpoints at which the deputy hired under the sub grant participated. Number of safety belt violations issued by the St. Lucie County Sheriff's Office. Number of child safety seat violations issued by the St. Lucie County Sheriff's Office. .- , ...... SAFETY OGC 0 8 ' r-Vt(M :>UIJ..Uö:>-ol SAFETY OGC 08/99 '-' Final Narrative Report ...., Project Title: Project Number: Implementing Agency: St. Lucie County Sheriff's Office St. Lucie County DUI Enforcement Specialist Project Director: Sergeant Jerry Rothman The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. It is an accurate accounting of the project performance and accomplishments. (Attach additional sheets as needed.) , . :.",. 9 FORM 5QO.Q65..01 SAFETY OGC - 08199 . STATE OF FLORIDA '-' DEPARTMENT OF TRANSPORTATION STATE SAFETY OFFICE. ....." Part V: ACCEPTANCE AND AGREEMENT Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms and conditions shall become binding. Noncompliance may result in loss of, or delays in cost reimbursement. The term subgrantee as used in Part V refers to the subgrantee and its implementing agency, Part I through Part IV, attached to this agreement, are incorporated by reference herein, 1. Reports. The subgrantee shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, July 31, and October 31 if there was subgrant activity during the quarter prior to the deadline. The subgrantee shall submit a Final Narrative Report, giving chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31, unless the State Safety Office extends the subgrant period due to late award of the subgrant. Requests for reimbursement may be retumed to the subgrantee unpaid if the required reports are past due. 2. Responsibility of Subgrantee. The subgrantee must establish fiscal control and fund accounting procedures which assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project will be disbursed in accordance with provisions of the project budget as said budget was approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; National Highway Traffic Safety Administration (NHTSA) Order 462- 13A, Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments; OMS Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMS Circular A-11 0, Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations; OMS Circular A-21, Cost Principles for Educational Institutions; OMS Circular A-8?, Cost Principles for State and Local Governments; and/or OMS Circular A-122, Cost Principles for Non-Profit Organizations, as applicable (hereinafter referred to as Applicable Federal Law). All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. The subgrantee, by entering into this agreement, certifies that it meets and will comply with the federal statutes, executive orders, and implementing regulations applicable to this subgrant. 3. Compliance with Chapter 287, Florida Statutes. The subgrantee agrees to satisfy all requirements provided in Chapter 287, Florida Statutes, and other applicable state law. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all subgrantee's consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee. Approval of the subgrant agreement does not constitute approval of a consultant or contractor agreement. . . 5. Allowable Costs. The allowability of costs in'curred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for r~imbursement. .... 10 ' , .....,...,.., "'~-vv~-u SAFETY aGe . 08199 6. Travel. Travel costs for ~oved travel will be reimbursed in acc~nce with regulations applicable to the subgrantee, and the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes. All travel for out-of-state or out-of-grant-specified work area shall require written approval of the State Safety Office prior to the commencement of actual travel. 7. Written Approval of Changes. The subgrantee must obtain prior written approval from the State Safety Office for changes to the agreement. For example: (a) Changes in project activities, goals and objectives, or research plans set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee will be subject to the availability of Federal Highway Safety funds and an annual appropriation by the Legislature. As approved in 49 CFR, Part 29, the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee shall submit the required certification by consultants with awards in excess of the small purchase threshold (currently $25,000). 9, Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee will report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee to the State Safety Office. If the statement is not received in 60 days, the State Safety Office may cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, may extend the implementation date of the project past the 60-day period, but only by formal written approval from the State Safety Office. 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's consultants and contractors which shall be attributed to the subgrantee, the subgrantee shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Govemment in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee in writing to procure such supplies or services from other sources, and (3) the subgrantee shall· have failed to comply reasonably with such order. (b) Upon request of the subgrantee, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by anyone or more of the said causes, the delivery schedule shall be revised accordingly. : '~. 11 - SAFEiY aGe - 08199 . 11. Obligation of Subgrant f\wtis. Subgrant funds may not under añr,.Jrcumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee or approved contractor or consultant performs the service required, or when goods are received by the subgrantee, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the subgrantee's consultant(s) or contractor(s) and supplier(s), the Department shall impose such sanctions as it deems appropriate. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee of such decision 30 days in advance of the effective date of such sanction. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records. The Department, NHTSA, Federal Highway Administration (FHWA), and the Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee, and to relevant books and records of subgrantee and it's consultants and contractors under this agreement, as provided under Applicable Federal Law. The Department shall unilaterally cancel this subgrant if the subgrantee refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee in conjunction with the subgrant. 14. Audit. Acceptance of this agreement constitutes subgrantee assurance that all audits shall be conducted under the guidelines of OMB Circular No. A-133, Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. For fiscal years beginning on or before June 30, 1998, the reporting packages and data collection forms shall be submitted to the State Safety Office program manager by the subgrantee within the earlier of 30 days after the receipt of the auditor's report, or 13 months after the end of the subgrantee's fiscal year. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or nine months after the end of the subgrantee's fiscal year. For audits conducted only under Section 216.349, Florida Statutes, the report is to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 12 months after the end of the subgrantee's fiscal year. The date the audit report was delivered to the subgrantee must be indicated by the subgrantee in correspondence accompanying the audit report, or reporting package, and data collection form. The subgrantee shall follow up and take corrective action on audit findings. OMB Circular A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. The subgrantee shall also submit required audit documentation as follows: A reporting package and a data collection form for all audits conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse, Bureau of the Census, 1201 East 10th Street, Jefferson, IN 47132. Reports of Audits conducted in accordance with Section 216.349, F.S., and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General, P.O. Box 1735, Tallahassee, FL 32301- 1735. Failure to furnish an acceptable audit as determined by the State or cognizant Federal audit agency may be a basis for denial or refund, or both, of Federal funds. Federal funds determined by the Department to be misspent must be refunded to the Department, regard~ess of di,sclosure in the audit report. ,- '''"'. 12 , SAFETY eGe . 08J99 15. Procedures for Reimbu~ent. All requests for reimbursement,-,ubgrant costs must be submitted on forms provided by the Department (Department Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. Requests should be submitted on a regular basis as costs are incurred and payment is made. All requests for reimbursement for Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more must be accompanied by a Non-Expendable Property Accountability Record (Department Form No. 500-065-09). Payment of the Operating Capital Outlay costs will not be made before receipt of this form. A final financial request for reimbursement must be submitted to the State Safety Office within 30 days after the end of the subgrant period. Such request must be distinctly identified as Final. Failure to comply 'will be grounds for forfeiture of reimbursement. 16. Retention of Records. All records and financial documents must be maintained for a minimum period of three years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records also must be maintained and accessible in accordance with Section 18.42 of 49 CFR 18 or Section 19.53 of 49 CFR 19. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of Section 18,34 of 49 CFR 18, Section 19.36 of 49 CFR 19, or OMS Circular A-11 0, Attachment N, Paragraph 8. 18. Property Accountability. The subgrantee shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this .agreement in accordance with Federal Property Management Standards as set forth in Section 18,32 of 49 CFR 18, Section 19.34 of 49 CFR 19, or OMS Circular A-110, Attachment N. This obligation continues as long as the property is retained by the subgrantee, notwithstanding the expiration of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Sefore publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Offièe for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above must include the following statement on the cover page: : ..... 13, SAFETY eGe . 08/99 (1) This report w~epared for the State Safety Office, D~ment of Transportation, State of Florida in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee agrees to comply with E.O. 11246, as amended by E.O. 11375, and as supplemented by 41 CFR part 60. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability. or ,both, due to the negligent acts of subgrantee, and its contractor, consultant, agents and employees, The subgrantee shall be liable for any loss of, or injury to, any material developed or serviced under this subgrant agreement which is caused by the subgrantee's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. 24, Disadvantaged Business Enterprises (DBE). (a) The subgrantee agrees to the following assurance: The subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The subgrantee'shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. The subgrantee's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases. refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). (b) The subgrantee agrees to include the following assurance in each contract the subgrantee signs with a consultant or contractor and to require its consultant or contractor to include this assurance in all subcontract agreements: The subgrantee's consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the subgrantee or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee agrees to comply and require it's consultants and, contractors to comply with 49 CFR part 20, New Restrictions on Lobbying, for filing of certifi~ation and disclosure forms. 14 , FORM 500-065-01 SAFETY OGC - 08199 No funds granted hereun~shall be used for the purpose of lobby~the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being Held Invalid. If -any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds must be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review and written approval for reimbursement. The name of the subgrantee and its logo can be used on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. 29. Term of Agreement. All subgrant agreements shall begin on the date of the last party to sign and shall end on September 30, following, unless so stipulated by the State Safety Office. 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the subgrantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et set.) and the Federal Water Pollution Control Act (33 U,S.C. 1251 et sef.). The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel. The head of any subgrantee receiving first year funding for a new positiòn(s) through this agreement shall provide written notification to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded within 30 days of the agreement being awarded. Any and all employees of the subgrantee whose positions are funded, in whole or in part through this agreement, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee. 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. The State Safety Office, on behalf of the USDOT, may repossess any equipment purchased with Federal highway safety funds that is not being used by the subgrantee for the purposes described in the subgrant agreement. Items that are repossessed will be disbursed to agencies that agree to use the equipment for the intended activity. 33. Replacement or Repair of Equipment. The subgrantee is responsible for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement. 34. Ineligibility for Future Funding. The subgrantee may be ruled ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, , . 15 (c) Failure to provide r¥red quarterly and final reports in the r~red time frame, (d) Failure to perform work described in Part 11 of the subgrant agreement, rUKM ::MJO..Ot:j~-O' SAFETY OGe . 08/99 (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Special Conditions. (a) All subgrantee agencies must have a written safety belt policy which is enforced for all employees of the agency. A copy of the policy must be attached to the subgrant application. (b) Any law enforcement agency receiving highway safety funds must have a standard operating procedure (SOP) regarding enforcement of safety belt and child safety seat laws. A copy of the SOP must be attached to the subgrant application, and safety belt and child seat citation totals must be reported on the Quarterly Progress Report of Performance Indicators. (c) The head of any agency purchasing equipment costing more than $500 per item must send a.letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with Federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with Federal, State or local funds. (d) Recipients of Federal and State funds are to have audits done annually using the following criteria. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title arid number, award number and year, and name of the awarding Federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal year and elects to have an audit conducted in accordance with the OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. In the event that a recipient expends $300,000 or more in State. award funds during its fiscal year, the recipient must have a State single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with Se.ction 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipient expends less than $300,000 in State awards during its fiscal y~ar and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non-State funds. . ..... 16, SAFETY OGC . 08/99 Reporting ·Packages\..(d management letters generated fro~dits conducted in accordance with OMB Circular A-133 and Financial Reporting Packages generated in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be submitted to the State Safety Office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the State Safety Office no later than 9 months after the end of the recipient's fiscal y~ar. The recipient shall follow up and take corrective actions on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective acti?n and status of finding. Project records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit workpapers shall be given to FOOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General AUn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 (e) Financial reimbursement forms must be submitted to the State Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Failure to submit reimbursement requests in a timely manner may result in the subgrant being terminated. (f) Agencies that host sobriety checkpoints, shall attach a copy of each After Action Report to the appropriate quarterly report form. , . :.". 17 --- . \.t ""wI PROJECT NUMBER: IN WITNESS 'WHEREOF, the parties affirm that they have each read and agr~e to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety, Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For D.O. T. Use Only) SUBGRANTEE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION St. Lucie County Name of Applicant Agency Typed By: By: Signature of Authorized Representative Douglas Anderson Title: Authorized Representative's Name Typed Date: Title: County Administrator Attest: Date: Attest: Signature of Witness FEDERAL FUNDS ALLOCATED ADMINISTRATOR OF IMPLEMENTING AGENCY , " . /U. h. N~ .L. By;-:: ¿, ......' - -,. Signature of Admin' trator Reviewed for the Department of Transportation: Robert C. Knowles Administrator's Name Typed By: Attorney- DOT Date: Title: Sheriff NOTE: No whiteout or erasures accepted on this signature page. FORM 500-065-01 SAFETY aGe 08/99 RECYCLED PAPER @ ..... FORM 500-065-01 SAFETY OGC . 08199 PROJECT NUMBER: '-' '-' IN WITNESS 'WHEREOF; the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its enfirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For D. O. T. Use Only) STATE. OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANTEE St. Lucie County Name of Applicant Agency Typed By: By: Signature of Authorized Representative Title: Doug1as Anderson Authorized Representative's Name Typed Title: County Administrator Date: Attest: Date: Attest: Signature of Witness FEDERAL FUNDS ALLOCATED ADMINISTRATOR OF IMPLEMENTING AGENCY Reviewed for the Department of Transportation: Robert C. Know1es Administrator's Name Typed By: Attorney - DOT Date: Title: Sheriff NOTE: No whiteout or erasures accepted on this signature page. , . RECYCLED PAPER @ ,''''" FORM 500-065-01 SAFETY OGC . 08/99 PROJECT NUMBER: ~ '-' IN WITNESS 'WHEREOF; the parties affirm that they have each read and agree to the conditrcms set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For D. O. T. Use Only) STATE. OF FLORIDA . DEPARTMENT OF TRANSPORTATION SUBGRANTEE St. Lucie County Name of Applicant Agency Typed By: By: Signature of Authorized Representative Title: Doug1as Anderson Authorized Representative's Name Typed Title: County Administrator Date: Date: Attest Attest Signature of Witness FEDERAL FUNDS ALLOCATED . ADMINISTRATOR OF IMPLEMENTING AGENCY Reviewed for the Department of Transportation: Robert C. Know1es Administrator's Name Typed By: Attorney- DOT Date: Title: Sheriff NOTE: No whiteout or erasures accepted on this signature page. , . RECYClED PAPER @ 18 ,.... FORM 500.065~1 SAFETY OGC . 08/99 PROJECT NUMBER: ~ " IN WITNESS ·WHEREOF; the parties affirm that they have each read and agree to the canditicrns set forth in Part V af this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For D. O. T. Use Only) STATE. OF FLORIDA . DEPARTMENT OF TRANSPORTATION SUBGRANTEE St. Lucie County Name of Applicant Agency Typed By: By: Signature of Authorized Representative Title: Douglas Anderson Authorized Representative's Name Typed Date: Title: County Administrator Date: Attest: Attest: Signature of Witness FEDERAL FUN DS ALLOCATED ADMINISTRATOR OF IMPLEMENTING AGENCY B Signature of A Reviewed for the Department of Transportation: Robert C. Knowles Administrator's Name Typed By: Attorney - DOT Date: Title: Sheriff NOTE: No whiteout or erasures accepted on this signature page. , . RECYCt.ED PAPER @ '-. .". ~ "'" DATE MANUAL SECTION NUMBER PAGE # 11/24/99 PROCEDURE STANDARD OPERATING 511.00 1 OF 10 CALEA: 41.3.1,41.3.4,61.1.1,61.1.7,61.1.8,82.3.3 AMENDS SOP 511.00 CFA: CHAPTER 22 DA TED 02/26/99 FCAC: A TT ACHMENT: SUBJECT: OPERATION OF SHERIFF'S OFFICE VEHICLES I. PURPOSE: The purpose of this Standard Operating Procedure is to establish guidelines for the proper use of Sheriffs Office vehicles. II. SCOPE: This procedure applies to all Sheriffs Office personnel who are assigned or operate Sheriffs Office vehicles. III. DISCUSSION: The routine and emergency operation of Sheriffs Office vehicles, which are highly visible elements of the Office, is always under close scrutiny by the public. It is important that personnel operate their vehicles in a prudent manner to keep from discrediting themselves or the Sheriffs Office. IV. DEFINITIONS: A. Sheriff's Office vehicles - Any vehicle owned or leased by the Sheriffs Office. B. Emergency Vehicle Operation - Operation of a Sheriffs Office vehicle in response to calls for service characterized by a need for immediate response to alleviate an impending threat to the safety of person~ or property. C. Authorized Persons - Sheriffs Office personnel to whom a Sheriffs Office vehicle is permanently or temporarily assigned, fleet maintenance personnel and personnel of automotive repair agencies for purposes of vehicle maintenance, and those persons who from time to time are authorized operating privileges by appropriate authority. .".. · '-' ......, OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA - #511.00 2 OF 10 V. PROCEDURE: A. Routine Vehicle Operation - Under normal, non-emergency operating conditions, and while responding to routine calls for service, operators of Sheriffs Office vehicles will strictly adhere to all traffic laws, and will drive defensively in a safe and courteous manner. Operators of Sheriffs Office vehicles will exercise a greater than ordinary degree of care while backing. Seat belts will be worn according to Florida law (FSS 316.614) however, they will not be required during building checks or other law enforcement duties of a repetitive nature. 1. Only authorized personnel will be permitted to operate Sheriffs Office vehicles. 2. Sheriffs Office personnel will operate Sheriffs Office vehicles only when properly licensed to do so by the State of Florida Department of Highway Safety and Motor Vehicles. 3. Operators of Sheriffs Office vehicles will be responsible for proper use and care of the vehicle, and all accessories, equipment, and tools assigned to the vehicle. B. Requests for Sheriff's Office Vehicles to Stop - Sheriffs Office personnel when requested to stop by other law enforcement personnel will: 1. Immediately stop, clearly identify self and activity, unless such declaration would nullify or hinder a criminal investigation. 2. If the operator of a Sheriffs Office vehicle continues to be detained by another law enforcement officer, advise the radio dispatcher of the circumstances and request that a supervisor report to the site of the detention. Submit a report of the incident to the operator's division commander through the chain of command. 3. In cases of an emergency assignment, the deputy will have 911 dispatch and advise the appropriate law enforcement agency. ". '-' "wi OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA - #511.00 3 OF 10 C. Emergency Vehicle Operation - Sheriffs Office personnel may engage in emergency vehicle operations in accordance with Florida law (FSS 316.072(5) when responding to an emergency. The decision to respond "code" is within the deputy's discretion, but emergency operation may be initiated only after careful consideration produces the reasonable belief that expedited response is necessary. The provisions of this procedure and Florida law do not relieve the operator of a Sheriffs Office vehicle from the duty to drive with due regard for the safety of all persons, nor will such provisions protect the operator of a Sheriffs vehicle from the consequences of careless disregard for the safety of others. Each vehicle, marked or unmarked, assigned to patrol and/or traffic patrol will be equipped with warning devices, at a minimum, to include blue or blue and red lights and a siren. 1. Sheriffs Office vehicles engaged in emergency operations will make full and continuous use of all available audio and visual warning devices to warn vehicular and pedestrian traffic along the emergency route. Head lamps, spotlight, hazard warning lights, and public address system may be used as additional safety measures during emergency operations. 2. When engaged in emergency operations, the operator of a Sheriffs Office vehicle will exercise extreme care. Wearing of seat belts is mandatory for the driver and occupants of Sheriffs Office vehicles. 3. In accordance with Florida law, Sheriffs Office vehicles engaged in emergency operations may: a. Exceed the speed limit so long as life or property are not endangered. Speed will be limited by road, weather and traffic conditions and by exercising good judgment. b. Proceed past a stop signal or stop sign, but only after slowing or stopping as necessary. Likewise, when approaching a controlled intersection (traffic light, etc.) the. operator will insure that all drivers have yielded to the emergency vehicle before proceeding against the traffic control device or normal flow of traffic. c. Disregard regulations governing direction of movement or turning in specified direc~ion, so long as life or property are not endangered..... ' '-" "wi OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA - #511.00 4 OF 10 d. Disregard regulations governing parking laws under normal circumstances, except that a Sheriff's Office vehicle will not block access to a fire hydrant at a fire scene, or in any way obstruct the passage of fire apparatus. 4. Sheriff's Office vehicles will not be parked in roadways or traffic lanes except when necessary to protect accident scenes or injured persons: a. Use of Sheriff's Office vehicles to protect accident scenes or injured persons will be signaled by the activation of emergency overhead lights, hazard warning lights, flares or similar illuminating devices. b. When use of Sheriff's Office vehicles for protection of accident scenes or injured persons is required for a prolonged period of time, flares, or similar illuminating devices may be placed in the roadway when necessary between the vehicle and approaching traffic. c. Sheriff's Office vehicles will be removed from the roadway as soon as practical after placement of flares. d. Flares will be removed from the roadway to a safe location prior to the deputies departure from the accident scene. D. Vehicle Stops - The following guidelines will be used by Sheriff's Office personnel to effect both traffic stops, and felony stops. These procedures are based on ideal conditions, and may be modified depending upon a variety of factors such as nature of the crime, number of suspects, location of the stop and the number of back up units available. 1. Traffic stops a. Location: Whenever possible, the deputy will choose a place to initiate the stop, which allows the deputy and the subject vehicle to pull off the roadway to a place of Safety. b. Radio Communications: Prior to initiating the vehicle stop, the deputy will advise communications of the exact location of the stop, the license numbe~.r of the vehicle, vehicle description, number, and brief de~cJjption of the occupants. ~ ......., OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA #511.00 5 OF 10 c. Initiating the stop: When initiating a traffic stop the deputy will make appropriate use of visual and audible warning devices to direct the subject vehicle to the intended stopping place. d. Positioning of the vehicle: Whenever possible, the patrol unit will be stopped approximately eight (8) to ten (10) feet behind the subject vehicle, and offset to the left approximately two (2) feet. e. Approaching the vehicle: The deputy will approach the vehicle in a cautious manner, being constantly aware of the trunk, back seat, and actions of the driver and any passengers. f. Contact with the driver: The deputy will exhibit a professional and courteous demeanor when dealing with the driver and any passengers. After obtaining the driver's license or other identification, the deputy will explain the reason for the stop to the driver. It is a matter of discretion whether the driver should be requested to exit the vehicle. However, if the driver is removed from the vehicle, he/she will be directed to a place of safety off the roadway and not permitted to stand between the patrol vehicle and stopped vehicle, in front of or behind the stopped vehicle. g. Concluding the stop: Whenever possible, the deputy will remain at the scene until the violator leaves. h. Upon resuming normal patrol all emergency lights and devices will be turned off. 2. Felony stops a. Generally no deputy will attempt a felony traffic stop unassisted. b. The deputy initiating the stop will request any additional units necessary for safety. c. Back up units will position themselves as directed by the deputy initiating the stop, always being aware of the requirements of deputy ~afety. d. - -.... A deputy initiating a felony vehicle stop will generally be governed by the sarTJe guidelines applicable to traffic stops. '-' "wi OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA #511.00 6 OF 10 e. When back-up units are present, select a suitable location for the stop (preferably a well lighted and open area away from crowds). f. Upon activating the blue light and siren, the deputy will remain alert for sudden bursts of speed from the suspect vehicle, sudden stops and/or occupants suddenly exiting the vehicle. g. The deputy may exit the vehicle with gun drawn, using the left front fender and door as a shield. Instructions to the driver and occupants will be given using the Public Address system. h. The deputy initiating the stop will be responsible for issuing commands to the occupants of the suspect vehicle. The deputy issuing orders will: 1. Order the driver to shut the motor off and throw the keys into the street. 2. After the keys have been thrown out, the deputy will then order the occupants to either put their hands on their head, or put their open hands out the window(s). I. When the back up officers are properly positioned, the deputy issuing orders will: 1. Direct the occupants out of the vehicle, one at a time, preferably from the right side. 2. Position subjects on the ground, off the roadway if possible, so they can not make contact with each other. Suspects should be face down, with arms outstretched and palms up. 3. The first deputy to approach the suspect vehicle should check the trunk and interior at gunpoint to make sure no one is hiding inside. 4. When handcuffing the suspects, the deputy should not get into the line of fire of his back up officers. , . 5. .." . After each suspect has been handcuffed on the ground, he should be frisked for weapons before being moved. '-" '-" OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA #511.00 7 OF 1 0 6. Each suspect should be thoroughly searched prior to being placed in a transportation vehicle. E. Emergency Escort of Civilian Vehicles - Emergency escort of civilian vehicles is prohibited. Should a civilian request a medical emergency escort, the deputy will summon an ambulance for treatment and/or transporting of the injured or ill person. F. Emergency Medical Transportation - In an extreme medical emergency, it may become necessary for a deputy to transport the injured or ill person to a treatment facility in a Sheriffs Office vehicle. Such transports will be made only upon prior approval of a supervisor. G. Transportation of persons other than Sheriffs Office personnel or authorized observers. 1. Sheriffs deputies are authorized to transport prisoners, victims, witnesses, and aided citizens while in the performance of official duties. 2. In each instance involving the transport of a prisoner, victim, witness, or aided citizen in a Sheriffs vehicle, the vehicle operator will contact dispatch and advise: a. Race, sex, and whether the person is adult or juvenile; b. Location and odometer mileage at the start of transport; c. Intended destination; and d. Odometer mileage and actual location at the end of transport H. Law Enforcement Escorts: 1 . Certain escorts will be permitted when authqrized by the Shift Supervisor or above. These escorts may include but not be limited to: a. Funerals, oversize vehicles, hazardous cargo carriers, banks, parades, public officials and dignitaries, and other law enforcement related vehicles and/or carriers. b. Certain escorts will necessitate coordination with other local, state, federal and prIVate agencies and will, whenever possible, be planne:d in advance to ensure security and minimum disruption of traffic flow. 'w' '-" OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA - #511.00 8 OF 10 c. Escorts involving F.B.I., Secret Service, F.D.L.E., etc., may require strict security and may involve participation by more than one unit of the Sheriff's Office. (i.e., Aviation, Marine, Criminal Investigations, etc.) These escorts will be coordinated by the Director of Law Enforcement. d. Escorts within the county may be provided for dangerous or high escape risk prisoners upon request by proper authority and only after proper approval. e. Escorts can be of an on duty or off duty nature and will always be conducted with due regard for the public and applicable traffic laws. VI. INDIVIDUALIZED VEHICLE PROGRAM A. Participation in this program is voluntary, a privilege and not a right, and is contingent upon seniority, efficiency, job performance merit and assignment. B. Pursuant to this procedure, all personnel participating in the Individualized Vehicle Program who are involved in motor vehicle accidents, personal injury incidents, or damage to property actions, will have the matter referred to their Division Commander for review. C. Marked and unmarked vehicles are assigned to authorized personnel for use both on and off-duty. Personnel assigned full-time use of a department vehicle are permitted to utilize it during regular off-duty hours, pursuant to this procedure, but not for recreational purposes or for any other use which may cause public criticism of the agency or this policy. Common sense and discretion are to be applied at all times with this policy and its procedure. D. When utilizing the assigned department vehicle during off-duty hours, the following policies will apply: 1. Radio contact with 911 must be maintained at all times to ensure availability for response to emergencies. No deputy will operate his assigned motor vehicle without the knowledge of communications. This will be accomplished by the use of the designated 10-signal (10- 118). .... '-' '...J OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA - #511.00 9 OF 10 2. Personnel operating a department vehicle during off-duty hours are permitted, when necessary, to convey civilian passengers; however, only Sheriffs Office personnel are authorized to operate the vehicle. During off-duty hours, personnel will not transport family members or civilian passengers in the secure area (cage) of a department vehicle. The personnel operating the vehicle will be responsible for the actions, conduct, appearance, and safety of all passengers. Personnel will not transport children who are required, by F.S.S. 316.613, to be in child restraint, device other than the standard seat belt issued with the vehicle, except in cases of an emergency or a as authorized by the supervisor. 3. Operators will ensure they are properly attired while operating their assigned vehicles off duty. Operators will wear shirts with collars, long pants, and shoes. Tee shirts, shorts, sandals or flip flops are prohibited. Operators will also have their official identification, a loaded firearm, handcuffs, and a hand held or two way radio and/or cellular phone. a. Clothing restrictions do not apply for special events as authorized by the Sheriff. b. Civilian employees will be prohibited from carrying firearms. 4. Department owned or leased vehicles are to be taken out of the county on official business only. Personnel assigned take home vehicles who reside outside of the county may take vehicles home only if their place of residence is within ten (10) miles of the St. Lucie County line. Off duty use of Sheriff's Office vehicles outside St. Lucie County is prohibited. 5. All other out of county use of department owned or leased vehicles will be authorized and approved by the respective Division Commander. 6. No more than two (2) marked vehicles may be parked at anyone location by off-duty personnel, except when conducting official busir:\ess. This does not preclude several personnel residing in the same neighborhood, or apartment project, from parking at their respective residences, shopping at the same shopping center, or attending department functions, etc. Personnel will not park their assigned vehicles in reserved public, private or handicap parking areas. 7. Off-duty personnel will keep their veh¡cles locked when unattended. '-' 'wi OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA - #511.00 10 OF 10 8. Personnel will not leave weapons in their assigned vehicles while they are being serviced or repaired, unless they directly oversee such servicing or repair. 9. Assigned vehicles will not be utilized by off-duty personnel or passengers who intend to consume or who have consumed beverages. In addition, personnel in the program operating marked vehicles are prohibited from patronizing drive-in theaters, package stores, or any other establishment which may result in public criticism. 10. During any period of annual leave, personnel assigned a Sheriffs Office vehicle will store it at a place designated by their Division Commander. 11 . Department vehicles will not be utilized for transporting heavy or excessive loads, and no objects may protrude from the trunk or windows. Transporting lawn mowers, lumber, and other articles which may damage the vehicle or create an appearance and/or actuality that the vehicle is not capable of an emergency response is prohibited. Trailer hitches may only be installed by the Fleet Maintenance Section and will only be used to transport Sheriffs Office equipment, such as the Marine Section's boat trailer. 12. Deputies have the duty and responsibility to report any improper conduct on the part of any other personnel operating an assigned vehicle contrary to these regulations. A full report of the incident must be prepared by the deputy observing the improper conduct. The complete report will be submitted to the observed employee's Division Commander. * 13. Personnel on sick or limited duty status will not participate in the Individualized Vehicle Program unless authorized by their Division Commander. 14. Personnel whose driving privileges have been suspended or revoked, or those under disciplinary suspension, will not participate in the Individualized Vehicle Program. < . Drafted by: tjm#714 Revised date: 11/14/99 ,. {JJJ¿ ( tà.u..w, "" Sheriff Robert C. Knowles '-' 'tt,J DATE MANUAL SECTION NUMBER PAGE # 08/17/00 ENFORCEMENT STANDARD OPERATING 601.07 10F12 CALEA: 1.2.7,41.3.2, CHAPTER 61 AMENDS SOP 503.02 CFA: 22.01, 22.02, 22.03, 22.06 DATED 02113/98 FCAC: ATTACHMENT: SUBJECT: TRAFFIC LAW ENFORCEMENT I. PURPOSE: The purpose of this standard operating procedure is to establish guidelines for assigning responsibilities of traffic law enforcement activities of the Sheriffs Office. II. SCOPE: This procedure applies to all Sheriffs Office personnel authorized to enforce traffic statutes. III. DISCUSSION: The activities detailed below are directed towards controlling violations of traffic law through preventive patrol and active enforcement. It is not the intention of the Sheriffs Office to place an emphasis on the quantity of traffic citations, but rather the quality of these citations. These procedures will also govern the relationships of the Sheriffs Office with motorists, pedestrians, prosecutors, and the courts. IV. PROCEDURES: A. Traffic Law Violations: 1. Traffic citations will be issued based on probable cause which satisfies the elements of the specific violation being charged. Discretion will be used by officers enforcing hazardous and non-hazardous violations. * a. Hazardous violations are violations which expose a person or property to risk, loss or damage (e.g., running a red light/stoP sign, reckless driving, seatbelt vi?lation, child restraint violation). : '"",' '-" 1...,/ OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA #601.07 2 OF 12 b. Non-hazardous violations are violations which are not likely to involve or expose persons or property to risk, loss or damage. 2. Multiple Violations: Deputies will exercise discretion when dealing with multiple violations. Consideration should be given to issuing traffic citations for charges whose elements encompass multiple lesser violations. Deputies will bear in mind that the main objective of the Sheriff's Office is to prevent accidents and not to over enforce the laws. 3. Equipment violations: Deputies will consider issuing written warnings, depending on the severity of the violation, in lieu of traffic citations. 4. Deputies will be notified of newly enacted laws or regulations, via Legal Bulletins, and through roll call training. 5. Public Carrier/Commercial Vehicles: a. Must comply with all applicable laws, rules and regulations. b. School buses must comply with Florida law. c. Public Carrier/Commercial vehicles will comply with all traffic laws, and will be issued citations or warnings, as necessary. 6. Directed patrol assignments will be made in designated problem areas to enforce traffic laws, including but not limited to the following: a. DUI detection and apprehension b. Bicycle law enforcement c. Pedestrian law enforcement d. Off-road vehicle enforcement e. Speed violation detection and apprehension , . ¡..,,,,,... ~ ...." OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA #601.07 3 OF 12 f. General traffic law enforcement 1. A selective traffic enforcement assignments file will be maintained by the Traffic Section Supervisor. * 2. An after action report, directed to the Traffic Supervisor, will be prepared by those deputies involved in selective traffic enforcement (fcn # 396). 7. Speed Violations - Radar Detection . a. Deputies using radar must be certified as radar operators by the Florida Criminal Justice Standards and Training Commission. b. Deputies not certified in radar operation may support certified operators. Support deputies will issue the citation to the violators and list the deputy who operated the radar as a witness. * 8. Speed Violations - Lidar (Laser) Speed Detection * a. Deputies using radar must be certified as lidar operators by the Florida Criminal Justice Standards and Training Commission. * b. Deputies not certified in lidar operation may support certified operators. Support deputies will issue the citation to the violators and list the deputy who operated the radar as a witness. 9. Speed Violations - Pace Detection a. Deputies using speedometers to establish probable cause to issue speed violation citations must pace the violator for an adequate distance to insure an accurate reading prior to making a traffic stop. b. Deputies will have the speedometers of their assigned vehicles calibrated every six (6) months and a copy of the calibration certificate will be maintained in the vehicle. A copy will also be maintained by the Traffic Supervisor. This certificate must be available for presentation in court. c. Deputies certified to "'ôperate radar will have their vehicle's speedometer calibrated in accordance with this procedure. '-' '-' OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA #601.07 4 OF 12 9. At the discretion of the Traffic Supervisor, unmarked or unconventional vehicles may be utilized in selective patrol assignments, and whether the assigned deputies will use covert or overt stationary observation techniques. * 10. If unmarked vehicles are used for selective traffic enforcement, they must be equipped with installed emergency lighting and siren. If the use of an unconventional vehicle is authorized by the Traffic Supervisor it may not be utilized for traffic stops. This does not preclude those deputies normally assigned unmarked vehicles from making vehicle stops should the need arise. 11. The Sheriffs Office encourages the officer to use good judgment in unusual circumstances to decide what enforcement action is proper. This should include giving consideration for newly enacted rules and regulations of which the citizen may be unaware. The deputy will use a combination of discretion, training, experience, and common sense when making a decision. B. Relations with Traffic Violators: While conducting a traffic stop, the deputy will govern himself/herself as follows: 1. Present a professional image. 2. Have certainty of observation of the alleged violation. 3. Greet violators with appropriate title and in a courteous manner. 4. Discuss the violation and required actions to follow. 5. Complete the required forms. 6. Assist the violator to re-enter the traffic flow saf~ly. C. Traffic Citations Procedure: 1. Once the citation is completed, the issuing deputy will explain the violation, the traffic citation, and the procedure for complying with the traffic citation, (as specified on the back of the violator's copy), to the violator. The violator will be requested to sign the traffic citation. After signing, the violator will be gi~n the yellow copy of the traffic citation. ~ 'wi OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA #601.07 5 OF 12 2. Process for releasing violators: FSS 318.18 prescribes the manner by which persons who commit a traffic infraction are to be cited. The law provides that any person cited may: a. Pay a civil penalty. b. Elect to receive a court hearing by contacting the Clerk of the Court at the address listed on the traffic citation. c. Elect to attend and complete 'a Driver Improvement Course, by contacting the Clerk of the Court at the address listed on the traffic citation. d. The deputy will make sure the violator is aware that his/her court information appears on the traffic citation, and whether a court appearance by the violator is mandatory. e. The deputy will point out to the violator that all of the options are written on the back of violator's copy of the traffic citation, should he/she wish to refer to them at a later time. 3. Per Florida law 318.14, any person who willfully refuses to accept and sign a traffic citation will be guilty of a misdemeanor of the second degree. a. Before a violator is charged with the criminal violation of refusing to sign a traffic citation, the deputy will advise the violator that by signing the traffic citation, he/she is not admitting guilt, only receipt of the traffic citation, and making a promise to appear in court. The deputy will also explain to the violator that if he/she refuses to sign the traffic citation, he/she will be incarcerated for refusal to sign the citation, and his release will be conditional on the posting of bond. b. When a violator refuses to sign a traffic citation, the deputy at his/her discretion may place the violator under arrest. If the violator is arrested, he/she will be hand cuffed, properly searched, and placed in the deputy's vehicle. The deputy will follow those procedures in Sheriffs Office S.O.P. 504.00, V.(B) in reference to the disposition ofthe violator's vehicle. .~.. '-' ....." OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA #601.07 6 OF 12 4. Criteria for Physical Arrests: The following are some examples of misdemeanor traffic offenses if violated, persons may be incarcerated in the St. Lucie County Jail: a. The violator fails or refuses to sufficiently identify himself/herself to supply the required information for the completion of the traffic citation. b. The violator refuses to sign the traffic citation. c. The deputy has reason to believe that the continued liberty of the violator constitutes an unreasonable risk of bodily injury to the violator or to others, (such as DUI violation). d. It appears that the violator has previously failed to respond to a citation or summons, or has violated the conditions of any pre-trial release program. 5. Felony Traffic Offenses: a. Adults charged with felony traffic offenses will be arrested and booked into the St. Lucie County Jail. A criminal affidavit will be completed in addition to the traffic citation. b. Should a juvenile be charged with a felony traffic offense, the parents as well as the on-call counselor for Department of Health and Rehabilitative Services will be contacted, and advised of the situation. A juvenile arrest affidavit will be completed in addition to the traffic citation. c. The two (2) white copies of the traffic citation will be attached to the criminal or juvenile affidavit. * d. The blue copy of the citation(s) will be delivered to the Traffic Supervisor for review. 6. Traffic law violations by Non-residents, Legislators, Military Personnel, Foreign Diplomats/Consular Officials and Juveniles: a. Non-residents, legislators, and· military personnel committing violations of Florida' trãffic laws will not be afforded special consideration and will be warned, cited or arrested as provided in this procedure. ' ~ .""" OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA #601.07 7 OF 12 b. Handling of diplomatic and consular officials will be in accordance with Diplomatic Immunity. 1. Deputies will direct questions regarding diplomatic and consular immunity to their Watch Commander. 2. In the event the Watch Commander cannot resolve the problem, the appropriate diplomatic consulate will be contacted in Washi~gton D.C., via telephone. c. The court having jurisdiction over traffic violations will maintain original jurisdiction on the case of a minor charged with a traffic violation, however, a minor charged with a felony traffic offense will be under the jurisdiction of the Circuit Court. 7. Driving While License Suspended, Revoked or Canceled: If a deputy has reason to believe that a vehicle operators license is either suspended or revoked, the following procedure will be followed: a. The deputy will conduct a license check to determine if the license is valid or suspended, revoked or canceled. b. Should the deputy, for any reason, be unable to determine the status of the violators license, he will give the violator the benefit of the doubt that the license is valid. * c. At the discretion of the deputy, if the violator has knowledge of his/her license suspension, revocation or canceled or 911 dispatch advises that the violation has been notified by DHSMV of his/her suspension, revocation or canceled the violator may be either physically arrested or released after the issuance of a traffic summons. If the violator is physically arrested, he/she will then be transported to the county jai! facility and booked according to S.O.P. 518.00. If there is not a licensed driver in the violators vehicle, the vehicle will be towed according to S.O.P. 504.00. d. For the charge of unlawful use of license, including possession of a suspended, revoked or canceled license, the appropriate Florida Statute will be cifed, including the appropriate subsection which clarifies how thè license was used in an unlawful manner. I A '-" ...., OFFICE OF THE SHERIFF ST. LUCIE COUNTY, FLORIDA #601.07 8 OF 12 * e. The license will be impounded by the deputy and attached to the two (2) white copies of the citation. This license will be forwarded to the Clerk of the Court with the citation. f. When a traffic citation is issued for a violation which contributed to a traffic accident, a court information form containing the name of the defendant, the traffic citation number, and the names and addresses of witnesses will be attached to the citation in order that the witnesses maybe subpoenaed to court. g. Nothing in this directive will prohibit a deputy from choosing to exercise enforcement discretion or accepting a driver's explanation for a non-criminal violation. If a traffic citation is not issued then a written or verbal warning will be given. h. When a written warning is issued by a deputy, the white copy will be presented to the violator along with a verbal explanation of the violation and what measures should be taken to prevent future occurrences of the same violation. The yellow copy of the warning will be turned over the Traffic Section Supervisor for processing. 8. Driver Re-examination: a. Traffic Accident Related: If a driver's ability to operate a motor vehicle is questionable, the appropriate block on the accident report form will be checked and an explanation will be given in the report narrative. b. Non-Traffic Accident Related: When a deputy believes that a licensed operator is incompetent to drive a motor vehicle and the operator presents a danger to the public, a request for re-examination will be initiated. If the operating license was issued by the State of Florida, the request will be initiated by completing a "RE-EXAMINATION INVESTIGATION" form which will be mailed to the Florida Department of Highway Safety and Motor Vehicles, Division of Driver's License. If the operator's license was issued by another jurisdiction, the appropriate licensing agency can be contacted via teletype or by written correspondence, and notified of the request for re-examination. ,'.",. , . '-' OFFICE OF THE SHERIFF ....., ST. LUCIE COUNTY, FLORIDA #601.07 9 OF 12 9. Processing Completed Traffic Citation: a. If a physical arrest is made, the two (2) white copies and the of the citation will be attached to the criminal affidavit. The yellow copy will be delivered to the violator, and the pink copy will be retained by the deputy. The blue copy will be delivered to the Traffic Unit supervisor. * b. When no physical arrest is made, the deputy will present the yellow copy of the traffic citation to the violator, retain the pink copy for his records, and the remainder will be turned into the Traffic Supervisor for review, and processing. NOTE: See S.O.P. 400.02 for complete traffic citation procedures. D. Radar: * 1. Operator Training and Certification: Deputies using traffic radar devices will complete a radar training program which has been approved by the Florida Criminal Justice Standards and Training Commission. Training guidelines are based on specifications of radar equipment maintained by the Sheriffs Office. 2. Radar units will have the calibration expiration date placed on the outside of the radar instrument. A copy of the calibration record will be stored in the Traffic Section office. The original of the calibration record will be maintained by the Traffic Supervisor. It will be the Traffic Supervisor's responsibility to check the expiration date on radar units. If calibration is expired, the radar unit will be removed from service and transported to the repair shop for calibration. 3. Radar units that are not assigned to individual deputies will be stored in a secure location. Radar units may be drawn from the storage area by deputies who are certified in radar use. Deputies who draw a radar unit will sign the unit out, and upon return sign the unit in. The sign-out, sign-in log will be maintained by the Traffic Section Supervisor. 4. It will be the responsibility of the Traffic Supervisor to examine each radar unit, to insure that components of the radar unit, including tuning forks, are present and are in good condition. If deficiencies are noted, the radar unit will be removed from service until the deficien- cies are corrected. 5. Operating Procedures: , .~. a. Hand-held Radar: Deputies will operate hand held radar as follows: -I II . '-' . OFFICE OF THE SHERIFF "'-tI' ST. LUCIE COUNTY, FLORIDA #601.07 10 OF 12 1. Verify that the radar unit is turned off before connecting it to a power source. 2. Conduct light segment check. 3. Conduct internal circuit check. 4. Conduct tuning fork verification before striking the fork against a firm surface, holding the vibrating fork in the central portion of the radar beam, and verifying that the reading displayed on the radar unit is within plus or minus one (1) mile per hour of the speed stamped on the tuning fork. 5. If deficiencies are found during the aforementioned test, the radar unit will not be placed in service. A memorandum describing the nature of the malfunction, along with the radar unit, will be returned to the Traffic Supervisor. * 6. A tuning fork test will be conducted prior to and after each shift and noted on the radar log. b. Moving Radar: Deputies will operate moving radar as follows: 1. Attach antenna to the counting unit before connecting it to a power source. 2. Attach the antenna and counting unit in the desired location, insuring that the counting unit is not in the path of the radar beam. 3. Adjust the antenna to point forward. 4. Turn the unit on and conduct a light segment check (marked on counting unit). 5. Conduct an internal circuit test (refer to manual for procedures, as make and model may differ). 6. Conduct an external tuning fork test (refer to manual for procedures, as Il}ake and model may differ). , . .- ..". 7. Conduct a Pê;itrol speed verification test by placing the radar unit in the moving mode and accelerating to a steady speed. Compare the speed displayed on the ., .. ~ OFFICE OF THE SHERIFF ...." ST. LUCIE COUNTY, FLORIDA #601.07 11 OF 12 * E. * * * * 4. * * * * * * counting unit with the speed on the speedometer. The two readings should correspond. 8. If the radar unit fails any of the prescribed tests, the unit will not be used, but will be returned to the Traffic Supervisor with a memorandum describing the malfunction. Lidar (Laser): 1. Operator Training and Certification: Deputies using traffic lidar devices will complete a lidar training program which has been approved by the Florida Criminal Justice Standards and Training Commission. Training guidelines are based on specifications of lidar equipment maintained by the Sheriff's Office. 2. Lidar units will have the calibration expiration date placed on the outside of the radar instrument. A copy of the calibration record will be stored in the Traffic Unit office. The original of the calibration record will be maintained by the Traffic Supervisor. It will be the Traffic Supervisor's responsibility to check the expiration date on lidar units. If calibration is expired, the lidar unit will be removed from service and transported to the repair shop for calibration. 3. Lidar units that are not assigned to individual deputies will be stored in the Traffic Unit office. Lidar units may be drawn from the Traffic Unit by deputies who are certified in lidar use. Deputies who draw a lidar unit will sign the unit out, and upon return sign the unit in. The sign-out, sign-in log will be maintained by the Traffic Unit Supervisor. It will be the responsibility of the Traffic Supervisor to examine each lidar unit, to insure that components of the lidar unit are present and are in good condition. If deficiencies are noted, the lidar unit will be removed from service until the deficiencies are corrected. 5. Operating Procedures: a. Deputies will operate hand held lidar as follows: 1. Verify that the lidar unit is turned off before connecting it to a power source. 2. Conduct light segment c,heck. 3. . .". Conduct internal circuit check. 4. Conduct measurement verification at 50 feet and 1 00 feet at the Sheriff's Office gas pump area. The verification .. . I . ¥ OFFICE OF THE SHERIFF ~ ST. LUCIE COUNTY, FLORIDA #601.07 12 OF 12 * * Drafted by: jdr Revised date: 08/17/00 process will be conducted horizontal and vertical. The standard deviation shall be less than .5 ft. 5. If deficiencies are found during the aforementioned test, the lidar unit will not be placed in service. A memorandum describing the nature of the malfunction, along with the lidar unit, will be returned to the Traffic Supervisor. 6. A measurement verification shall be conducted prior to and after each shift and noted on the lidar log. é~~ ~ '-' ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA October 10, 2000 1. MINUTES A. Approve the minutes of the meeting held September 26,2000. 2. GENERAL PUBLIC COMMENT PUBLIC HEARING MANAGEMENT AND BUDGET 3A. Resolution No. 00-007 - Consider staff recommendation to adopt the resolution amending the budget to reflect the budget transfer from the General Fund Reserves to Mosquito Control. CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. S3 and No. S4 Approve Warrants List No.1 NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record ofthe proceedings and for such purpose may need 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 an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contactthe 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. '-'" '-' MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 26, 2000 Tape: 1 Convened: 10:06 a.m. Adjourned: 10:07 a.m. Commissioners Present: Chainnan, CliffBames, Frannie Hutchinson, Paula A. Lewis, Doug Coward, John D. Bruhn Others Present: Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Julia Shewchuk, Community Development Director, Ray Wazny, Public Works Director"Jack Southard, Public Safety Director, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-2164) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes ofthe following meetings: September 12, 2000 September 7, 2000- Tentative Budget Public Hearing September 14, 2000- Final Budget Public Hearing and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. MANAGEMENT/BUDGET Resolution No. 00-007- This item was pulled. 4. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant List The District approved Warrant List No. 51 and 52. 2. ManagementlBudget Budget Resolution No. 00-06- The District approved the budget resolution acknowledging FEMA/FDCA reimbursement for the small projects included in the disaster relied claim for Hurricane Floyd damage. -1- - '\ ~ .""" There being no further business to be brought before the District, the meeting was adjourned. Chainnan Clerk of Circuit Court -2- \ , ~ AGENDA REQUEST ,."., ITEM NO. 3A DATE: 10/10/00 REGULAR [] PUBLIC HEARING [X] CONSENT [ ] TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Amendment to transfer funds from the General Fund Reserves to Mosquito Control. BACKGROUND: Currently, Mosquito Control Fund has a negative cash balance due to the dike repairs' expenses after Hurricane Irene. In order to clear the negative cash, staff is recommending transferring the funds from the General Fund Reserves. This requires a Budget Amendment and a public hearing, Transfer between funds has to be done by public hearing, which is done by the attached resolution. The Federal Emergency Management Agency (FEMA) will reimburse the approved costs, and a receivable will be set up in the amount of 1,502,423.72 in the General Fund. FUNDS AVAILABLE: 001-9910-599300-800 - General Fund Reserves. PREVIOUS ACTION: October 19, 1999 - Approval to transfer funds from the General Fund Reserves to cover expenses associated with Hurricane Irene. September 12, 2000 - Permission to advertise for a Public Hearing. RECOMMENDATION: Staff recommends the St. Lucie County Mosquito Control District Board adopt resolution No, 00-007 amending the budget to reflect the budget transfer from the General Fund Reserves to Mosquito Control. COMMISSION ACTION: NCE: [x] APPROVED [] DENIED [ ] OTHER: Coordi nation/S iqnatures Management & Budget: ~~". Public Works: Purchasing: MosqUito~ Q1 ,kJ. County Attorney: XX j Originating Dept: Finance: (Check for Copy only, if applicable)_ ~ ...,J RESOLUTION 00-007 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District Board Budget for St. Lucie County, amending the budget to transfer funds from the General Fund Reserves to Mosquito Control to cover expenses associated with Hurricane Irene, WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Mosquito Control District Board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Mosquito Control District Board, Florida, in meeting assembled this 10th day of October, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the County's budget is hereby amended as follows: REVENUES See attachment "A" APPROPRIATIONS See attachment "A" After motion and second the vote on this resolution was as follows: Commissioner Cliff Barnes Commissioner Frannie Hutchinson Commissioner John D, Bruhn Commissioner Doug Coward Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 10TH DAY OF OCTOBER, 2000. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS A~H~.FORM: COUNTY ATTORNEY G:\BUDGETI WP\RESOLUTlOO-resol\OO-07'.!sqt. "'I'd ~ ""'" CI) 0 z CI) :;) UJCI) u., UUJ ¡,;¡ 0<: -U >- :¡; UJ 0<:> < :c UJO<: f-o Cl)UJ Z 0 ...JCI) f- 0 -<0 U f-o ZUJ ¡,;¡ 0<: of-o ... 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C2 c: g Z ~ >- :J U 1..1... :f: « 1..1... 1..1... 0 '~ <J) :J <õ (/) w ....J CO oj 0- " I) ...J I:: « "0 ~ a w U £: « (ij ~ u ¡::: :J ~ W U ¡:: C::: 0 a> w ~ "0 :E 0 w (¡j ä: e c:J 0 W Z ca :J e 0 Z (/) I) 0 Q Z I) 0 w ;!1 Qj -¡:: >. :J 0 E a:: w 0 9 0 e ~ (/) co 1..1... c.9 f- 2 f:: :S 1..1... < c:J 09/11/00 ~ ...., HURRICANE IRENE 19006 BRIEF ANALYSIS OF MOSQUITO CONTROL PROJECTS: Mika Gorniewicz, OMB 2,228,021,70 Project expenses Year-To-Date plus 478,784.55 Encumberances as of 9/11/00 2,706,806.25 Total project expenses minus (866,031,75) Actual reimbursement received from FEMA 1,840,774.50 Amount to be transferred from 001 to 145 minus (338,350.78) Amount that will not be reimbursed by FEMA 1,502,423,72 Amount of FEMA receivable to be set up in General Fund .' ,;.''¥ I-' I1j I1j I-' þ. ~ N 0 111 6; ....... ..I 0 '-" ! I\) ....... 0 ::d 0 :3: I-i 0 H 01 I-i 'ê t"' ¡I:J .... ("t 0 I1j ~ ::s ø. ! ~ 00 I-i t"' t"' H ~ Q 00 n ~ I-i H ¡I:J 11j# ~~ n 0 I-i ~ 0 I-i 001\) I-i ~ ~¡ 0< þ 0<1 ~ I I\) 0 :3:0 t; I-' I-' 00 Q) Q) 00 \D \D ¡I:J IOI-i >< ~O Q) Q) 'tI H \D \D ¡I:J I-il\) w w Z O\D 00 I 111 111 ¡I:J 00 Q) Q) 00 ¡I:J 'tI I I\) 0 0 0 I\) I\) þ. þ. 'tI 0'1 0'1 ~ I\) I\) -. -. ::d 'tI 0 )0 þ. þ. t"' Q I-' I-' t"' ¡I:J I-' -~- ~ "if "if ~ ~ ~ N 0 0'1 ~ ...... 0 ~ .""" ~ 0'1 ...... 0 ::ø 0 ~ Ii 0 H 111 Ii ~ t"' tz:I .... C1' 0 1:11 C1' PI C1' () ~ H "if ~ 1:11 ¡:: Ii ~ Ii 0. t"' t"' H Q (j) 1:11 0 ~ Ii H tz:I "if:: ~~ 0 0 Ii ~ 0 ~ 1:110 Ii I~ ~ tI! t<. 0 II\) ~ 0 ~O t:I 00 1:11 tz:I 10 Ii >: QO ~ ~ 'tI H I\) I\) tz:I 1i0 0 0 Z 00'1 1:11 I 0 0 tz:I 0 0 0 1:11 0 Ii I I\) 0 0 0 'tI ~ 0 0 ::ø 'tI 0 > 0 0 t"' (j) 0 0 t"' tz:I ~ ... IzJ IzJ ... ,þ. ~ to:! 0 IJ1 ¡;; "- 0 '-' "'" ~ ,þ. "- 0 ::ø 0 ~ t-i 0 H III t-i ~ t< t>iI ..... C1' 0 IzJ ~ :3 P. ~ ~ t/1 t-i t-i t< t< H ~ Ci.I t/1 C1 ~ t-i H t>iI 1zJ::: ~f C1 0 t-i ~ 0 t-i t/1W ~ Ii >< .. Of ><1 0 .N ~ 0 ~o t: 00 ... ... t/1 N N t>iI 1Ot-i ~ ~o ....:J ....:J 't H ,þ. ,þ. t>iI t-io W W 2: O,þ. t/1 I CD 00 t>iI 0 CD 00 t/1 C1 t-i 1 N 0 0 0 't ~ 0 0 ::ø 't 0 ~ 0 0 t< 0 0 t< t>iI ... ....,. ...., ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA October 10, 2000 1. MINUTES A. Approve the minutes of the meeting held September 26,2000. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. S3and No. S4. Approve Warrants List No.1 2. PURCHASING RFP No. 00-062 / Professional Engineering Services for Coastal Engineering - Consider staff recommendation to approve the ranked shortlist: 1) Taylor Engineering, Inc. 2) Coastal Planning & Engineering, Inc. 3) Coastal Technology Corporation 4) Applied Technology & Management, Inc. and grant permission to negotiate with the top two ranked firms. The contracts will be brought back to the Board for approval. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need 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 an 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 to the meeting. ~ ~ ...., EROSION DISTRICT ST. LÙCIE COUNTY, FLORIDA REGULAR MEETING Date: September 26, 2000 Tape: 1 Convened: 10:07 a.m. Adjourned: 10:07 a.m. Commissioners Present: Chairman, Doug Coward, Paula A. Lewis, Frannie Hutchinson, John D. Bruhn, Cliff Barnes Others Present: Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Jim David, Mosquito Control Director, Ray Wazny, Public Works Director, Jack Southard, Public Safety Director, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-3000) It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the minutes of the following meetings: August 8, 2000 September 7,2000 Tentative Budget Public Hearing September 14, 2000 Final Budget Public Hearing and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA (1-322) It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call motion carried unanimously. 1. Warrant List The District approved Warrant List Nos. 46 thru 52. 2. ManagementlBudget Budget Resolution No. 00-03- The District approved the budget resolution acknowledging FEMAf.FDCA reimbursements for the small projects included in the disaster relief claim for Hurricane Floyd damage. -1- ~.. · ~ ...." There being no further business to be brought before the District, the meeting was adjourned. Clerk of Circuit Court Chairman -2- I-' ~ ~ I-' co ~ N 0 ",. ~ ....... 0 ¥ ...,. ~ ",. ....... 0 ::tI 0 t'iI t-i 11 H 0 t-i OJ t1 .... t'iI 0 ::s 0 0 ::s C1' 11 0 ~ I-' 0 ~ '1j tf.I (þ t-i 11 t-i II C1' t1 t1 ..... H ~ Ci) ::s tf.I 0 ~ IQ t-i H t'iI ~ ~# ¡:: ~~ 0 ::s 0 t-i ø. ~ 0 t-i tf.IW ~ ~¡ to< IJ to< I 0 II\) ~ 0 t'ilO Ö ::tIo 0 I\) I\) t'iI tf.It-i ~ HO 0 0 'tI 0 ",. ",. t'iI !;æ:O 0 0 !;æ: ",. tf.I I 0\ 0\ t'iI 0 W W tf.I 0 t-i I I\) 0 0 0 'tI 0 0 ~ 'tI 0 ~ 0 0 t1 0 0 t1 t'iI I-' ..... 'z:I 'z:I ..... <XI ~ ~ 0 "" ¡; " 0 '-' "'wtIÎ ~ "-I " 0 ~ 0 l'iI t-3 11 H 0 t-3 QI t" .... l'iI 0 ~ 0 0 ~ CT 11 0 ~ ..... 0 ~ 'ú 00 (D t-3 11 t-3 II CT t" t" .... H c: (j) ~ 00 0 ~ IQ t-3 H l'iI 'z:I 'z:I# s:: ~~ 0 ~ 0 t-3 P. ~ 0 t-3 00"-1 t-3 ~ Ii to< tJ:I to< HO ...:J ...:J '1:1 0 w w l'iI Z"-I "-I "-I Z ~ 00 , "-I "-I l'iI 00 "-I "-I 00 l'iI '1:1 , "-I 0 0 0 "-I "-I '1:1 "-I "-I ~ U1 U1 ..... ..... ~ '1:1 0 )I "-I "-I t" (j) w w t" l'iI ..... 1 AGENDA REQUEST .....,¡ ITEM NO. C-2 ~ DATE: October 10,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: EROSION DISTRICT BOARD PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: RFP #00-062 - Professional Engineering Services for Coastal Engineering - approve ranking and permission to negotiate. BACKGROUND: On July 12, 2000 proposals were received for Professional Engineering Services for Coastal Engineering. Five hundred twenty three vendors were notified, forty four sets of RFP documents were distributed and seven proposals were received. The selection committee met and ranked a short list as follows: 1. Taylor Engineering, Inc. 2. Coastal Planning & Engineering, Inc. 3. Coastal Technology Corporation 4. Applied Technology & Management, Inc. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval ofthe ranked shortlist and permission to negotiate with the top ranked two firms. The contracts will be brought back to the Board for approval. [X] APPROVED [] DENIED [ ] OTHER: NCE: COMMISSION ACTION: County Attorney:(X) [fi Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.:(X) c6 Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 G:\COMMON\AGENDAS\BIDS\2000-062 erosion award,wpd ~ "wtI DIVISION OF ENGINEERING MEMORANDUM 00-286 TO: Charles Bicht, Purchasing Director FROM: Richard A. Bouchard, Coastal Engineer ~ VIA: Donald West, County Enginee~ DATE: September 19, 2000 SUBJECT: RFP #00-062, Professional Services for Coastal Engineering Competitive Selection Committee Short Listing/Ranking St. Lucie County Erosion District Board The St. Lucie County Erosion District Board granted approval to advertise the above referenced RFP on May 23, 2000. The subject RFP was advertised on June 2, 2000 and seven (7) firms submitted proposals before the July 12, 2000 deadline. On September 8, 2000 the Competitive Selection Committee (Committee) appointed to this specific RFP met to discuss the proposals, short listed four firms and ranked them in the following order: 1) Taylor Engineering, Inc. 2) Coastal Planning & Engineering, Inc. 3) Coastal Technology Corporation 4) Applied Technology & Management, Inc. During the discussion of the firm's qualifications and the County's needs, the Committee decided it would be in the best interest of the County to use the expertise of two firms and is recommending continuing contracts be awarded to the top two ranked firms. We do not necessarily intend to distribute individual work assignments evenly between each firm, but rather to assign specific work to each firm based upon their expertise in that area, evaluation of existing work load, project continuity, etc. We are requesting that the Committee's recommendation be placed on an Erosion District Board Agenda for approval to enter into negotiations with the two top firms according to the above rankings. rb cc: Ray Wazny, Public Works Director Jim Lancastèr, Assistant County Attorney Mike Wrock, Civil Engineer , . ìJ1 ~. ~ z o ~ 00.E-c >'00 r-l ~S1r-l z~5J Þoz °uO U . E:. ~>< ~.~ ~. 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