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Agenda Packet 04-04-00
En BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 28, 2000 Convened: 9:00 a.m. Tape: 1 Adjourned: 9:56 a.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Cliff Barnes (absent on vacation) Others Present: Doug Anderson, County Administration, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Paul Phillips, Airport Director, Mike Leeds, Leisure Services Director, Ray Wazny, Public Works Director, Jim David, Mosquito Control Director, Beth Ryder, Community Services Director, Don West, County Engineer, Charles Bicht, Purchasing Manager, Mike Durette, Cental Services Manager, David Kelly, Planning Manager, Joe Finnegan, Personnel/Risk Manager, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-0020) It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held March 21, 2000; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS(1-1150) A. Resolution No. 00-67- Proclaiming the week of April 9, 2000 through April 15, 2000 as "Crime Victims' Rights Week" in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 00-67; and, upon roll call, motion carried unanimously. Mr. William Hicks, Ft. Pierce Police Dept., was present to accept the proclamation. B. Resolution No. 00-73- Proclaiming the month April, 2000 as "Census Awareness Month" in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Iutchinson. to approve Resolution No. 00- 73; and, upon roll call, motion carried unanimously. Mr. Vince Simpson, Local Census Bureau representatime, was present to accept the proclamation. C. Resolution No. 00-74- Support for the National Estuary Program- Consider staff recommendation to adopt Resolution No. 00-74 as drafted. -1- SO., `"W It was moved Coward, seconded by Com. Lewis, to approve Resolution No. 00-74; and, upon roll call motion carried unanimously. 3. GENERAL PUBLIC COMMENTS Mr. Robert Anderson, St. Lucie County resident, addressed the Board regarding the disposal site near his home. Mr. Anderson commended the Board for passing Resolution No. 00-74, however, he questioned why the county did not take into consideration that the disposal site in question would ruin the Estuary should it be placed in the area. Mr. Anderson also asked if the Board had received any information regarding the studies Black and Veach were to perform. Com. Coward advised Mr. Anderson that he has not heard if the studies have been completed, however, he was aware of the fact that things were going fine and they were looking at a two week period for results. Mr. Bob Bangert, Holiday Pines resident, asked the Board to consider addressing and responding to the general public in public forum format. Mr. Charles Grande, Hutchinson Island resident, addressed the Board regarding the televising of Board meetings. Com. Coward concurred with Mr. Grande's comments and suggested prioritizing the pursuit of televising the meetings and it then be brought before the Board at a future meeting for immediate action. 4. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda with item C-6 being pulled, deleting the last sentence from item C-4F and directing staff to pursue RFP's and include the revised staff recommendation for item C-4A; and, upon roll call, motion carried unanimously. WARRANT LIST The Board approved Warrant List No. 26. 2. PUBLIC WORKS A. Interlocal Agreements with the Property Appraiser and Tax CollectorBriargate Municipal Services Benefit Unit- The Board approved the interlocal agreements and authorized the Chairman to sign the agreements. B. Ideal Holding Road Paving M.S.B.U. /Change Order No. 1- The Board approved the Change Order to the contract with Ranger Construction for Ideal Holding Road Paving M.S.B.U. in the amount of $10,059.50 and authorized the Chairman to sign the contract. C. Florida Department of Environmental Protection/University of Florida Stormwater Sediment Research Study - The Board approved a $5,000 contribution to the University of Florida for stormwater sediment disposal/reuse research. -2- 1"0 3. MOSQUITO CONTROL A. Queens Island Project- Phase I/Amendment No. 3 to Florida DEP Contract No SP476- The Board approved the amendment to the contract, adjusting the ownership percentages to 33.4% County anbd 66.6% SFWMD for Phase I of the project, and authorized the Chairman to sign the amendment pending County Attorney review and approval of the agreement. B. Vitolo Family Park at Middle Cove Park Riverside /Amendment 8 to the Florida Department of Environmental Protection Contract No. SP394- The Board approved the contract amendment (specifying the method of CARL expenditure of the federal matching funds) , and authorized the Chairman to sign the amendment pending County Attorney review and approval of the agreement. The Board also approved a Memorandum of Understanding with CARL concerning expense of the Bear Point Phase II funds and authorized the Chairman to execute the agreement pending County Attorney review and approval of the agreement. 4. LEISURE SERVICES A. Parking Agreement/South County Regional Stadium- The Board approved Resolution No. 00-75 authorizing use of the Mets parking lot to accommodate parking needs for the new South County Regional Stadium. B. Revised Civic Center Lease Agreement- The Board approved the revised standard Civic Center Lease Agreement. C. Renewal and Amendment of the Treasure Coast Sports Commission, Inc./Facilities Use Agreement for Office Space at Thomas J. White Stadium- The Board approved the renewal of the Facilities Use Agreement with the TC Sports Commission, Inc., and authorized the Chairman to sign the agreement upon receipt of the signed originals from the Sports Commission. D. 2000 Florida Inland Navigation District (FIND) Waterways Assistance Program Grant Application- The Board approved authorizing the submission of an application to the FIND requesting funding assistance in the amount of $290,000 to help construct the proposed "Ft. Pierce Inlet Boat Launch Area", and authorized the Director of Leisure Services or his designee to serve as project liaison, approved Resolution No. 00-71 authorizing the project, and authorized the Chairman to execute the application. E. Contract Extension/Ocean Bay Beach Park- The Board approved the extension of contract C99-12-113 until February 28, 2001 with Recreational Design Construction, Inc. F. Golf Course/Agreement Extension- The Board approved the extension of Concession Agreement C99-11-147 with Charlie's Country Inc., d/b/a The Country Store until November 1, 2000. (Last sentence has been deleted). Com. Hutchinson advised the Board and those present that she felt the county should not be in the restaurant business due to the liability and staffing cost. Com. Coward concurred and suggested deleting the last sentence to staff recommendation. Staff agreed to pursue RFP's . -3- swl G. Children's Environmental Learning Center/Museum Superintendent Position- The Board approved the request to hire the applicant with a starting salary of $30,265 per year (14% above entry level salary for the Museum Superintendent position) and after completion of a six month probationary period, applicant will receive the ususal 5% increase to equal a salary of $31,778. H. Grant Application- The Board approved the submittal of a grant application to the United States Fish and Wildlife Service to assist in the development of a boat ramp at the area known as Little Jim's Bridge near North Hutchinson Island, and authorized the County Administrator to sign all documents associated with the submittal of the grant application. 5. PURCHASING A. Permission to Advertise for Bids- The Board approved the request for permission to advertise for bids for the sale of the Landfill tire cutter. B. Award of Bid No. 00-021- The Board approved awarding the bid for Concrete Cart Paths at Fairwinds Golf Course to David Mann Construction in the amount of $2.44 /SF and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Award of Bid No. 00-020- The Board approved awarding the bid to repair the existing control wall on Midway Road at NSLRWCD Canal 90 to Johnson -Davis in the amount of $49,900 approved the budget as stated and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Award of Bid No. 00-026- The Board approved awarding the bid for publication of the delinquent tax notices to The Tribune in the amount of $.38 per square inch for the first insertion and $0.18 per square inch for the second and third insertions. E. "Piggy Back" Bid- The Board approved the request to "piggyback" the Martin County bid for Dual Monitor X-Ray machines in the amount of $25,500 and Metal Detectors in the amount of $4,700 for the purchase of an X-Ray Machine for St. Lucie West and an X- Ray Machine and Metal Detector for the new juvenile courtroom at 71' St. F. Award of Bid No. 00-031 - The Board approved awarding the bid for the annual contract for garbage collection and recycling at County facilities to Choice Sanitation based on the unit prices, and authorized the Chairman to sign the contract as prepared by the County Attorney and also approved to extend the current contract with Waste Management Inc., and Jennings Environmental Inc., for one month from the expiration date of March 31,2000 to allow for the new contract to be put into place and for the vendor to mobilize. 6. ADMINISTRATION Lobbyist Services- This item was pulled 7. COMMUNITY SERVICES Certificate of Participation- The Board approved authorizing the Chairman to sign the Certificate of Participation for the Federal Dug Control and System Improvement Program (Edward Byrne) Grant for 2000-01 from the Department of Community Affairs. -4- %W ..le 8. CENTRAL SERVICES A. Contract Amendment/Paragon Termite & Pest Services- The Board approved the addition of services to include the Hurricane House Building at the Agricultural Services buildling at $13/month and authorized the Attorney to prepare the Contract Amendment. B. Equipment Purchase- The Board approved the line to line transfer of funds and the purchase and installation of the anti -siphon valves in the amount of $12,863 for the tanks at the Oleander Compound and the Sheriff's Administration building. 9. COUNTY ATTORNEY Partial Release of Lien- The Board approved authorizing the Chairman to sign the Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien dated March 3, 1999 and recorded in the Official Record Book 1246, Page 2630 of the Public Records of St. Lucie County, Florida. 10. COMMUNITY DEVELOPMENT A. Public Hearing Advance Notice- The Board acknowledged the Public Hearing Schedule for April 18, 20000 at 7:00 p.m. or as soon thereafter as possible. 1. COVENANT PROJECT DEVELOPMENT CORPORATION, for a Change in Zoning from the RS-4 Zoning District to the PUD Zoning District. 2. ORDINANCE 00-010- amending Section 6.00.00 Vegetation Protection and Preservation and Section 11.05.06, Vegetation Removal Permit, of St. Lucie County Land Development Code to provide for additional standards and regulations governing the protection and preservation of vege4tation for lands located in the unincorporated county. 3. ORDINANCE 00-011- amending Section 7.09.00, Landscaping and Screening and Section 6.00.00 Vegetation Removal Permit; of the St. Lucie County Land Development Code to provide for additional standards and regulation governing the protection and preservation of vegetation for lands located in the unincorporated county. (Second public hearing). 4. ORDINANCE 00-012- amending Section 2.00.00, Definitions of the St. Lucie County and Development Code to add a definition for Scrub Habitat, amending 7.09.06, Standards for native and Drought Tolerant Vegetation, by moving the section into Section 7.09.04, General Landscaping Requirements and amending Section 7.09.04, General Landscaping Requirements of the St. Lucie County Land Development Code, to provide for additional standards and regulations governing landscape requirements (Second public hearing). 5. ORDINANCE 00.013- amending Section 7.09.05 Removal of Exotic Vegetation of the St. Lucie County Land Development code to provide for additional standards and regulations governing exotic vegetation (Second public hearing). 6. RESOLUTION No. 00-0 11 -adoption of the St. Lucie County unified Local Mitigation Strategy. -5- B. Grant Contract- The Board approved authorizing the Chairman to sign between St. Lucie County and the Fla. Dept. of Community Affairs inthe the meant contract $10,000 to be used to hire a consultant to do a housing amount t request to advertise for a consultant to do the project. survey.The Board approved the 11. AIRPORT Joint Automated Capital Improvement Pro gr(JACI- The Board submittal of the Joint Automated Capital Improvement program to the Fpparted the of 12. UTILITIES Transportation for capital improvement projects at St. Lucie la. Dem County International n Airport. Grant Resubmittal- The Board authorized the submittal of a grant application to Florida Water management District Alternative Water Supply Funding Program to fund a r useth water main on North Hutchinson Island and authorized the County Administrator to sign all documents associated with the submittal of the grant application. REGULAR AGENDA 5. ADMINISTRATION (1-11289) A. Support of a "Hold Harmless" Amendment to the House Tax Package- Consider staff recommendation to authorize the Chairman to send a letter to the St. Lucie County Legislative Delegation asking for their support to "Hold Harmless" Counties for the Intangible Tax Reduction and reaffirm its commitment to the County Revenue Sharing. It was moved by Com. Lewis, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. B. Investment for the Future -Phase II/Thomas J. White Stadium- Consider staff recommendation, to pay down the existing loan at Sun Trust Bank by $350,000 and borrow approximately $400,000 from Sun Trust Bank for the Investment for the Future - Phase II improvements at Thomas J. White Stadium. It was moved by Com. Lewis, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. A-l. Community Development requested a discussion to determine dates for the Comp Plan Hearings. After discussion, it was the consensus of the Board to schedule the first two public hearings on April 12, 2000 at 6:00 p.m. or as soon thereafter as possible, and April 19, 2000 at 6:00 p.m. or as soon there after as possible. The additional two required public hearing will be scheduled at future meetings. Com. Bruhn requested the Board ratify his two appointments as follows: Ed Wheeler to the Code Enforcement Board Jean Hearn to the Harbor Advisory Committee M `.000 It was moved by Com. Lewis, seconded by Com. Coward to ratify the two appointments; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 9:56 a.m. Clerk of Circuit Court -7- Chairman N.r 11-W APRIL 4, 2000 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. M BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA April 4, 2000 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES In John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 Approve the minutes of the meeting held March 28, 2000. 2. PROCLAMATION/PRESENTATION A. Resolution No. 00-72 - Commending the St. Lucie County 4-H Clubs for the excellent job they did towards the success of the St. Lucie County Fair, and congratulating and thanking them for their contribution and dedication, and for a job well done. B. Presentation / Resolution No. 00-79 - Community Development will give a presentation on Aquaculture efforts within the Economic Development Division - Consider staff recommendation to support the resolution and direct staff to work with community members in having our Congressional Delegation add an Aquaculture component to the federal USDA-ARS Lab. C. Presentation - Florida Recycling Services, Inc. - Presentation on customer collections regarding the Solid Waste and Recycling Contract. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 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 the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability re wiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561� 462g 777 or TDD (561) 462-1428 at least f6rty-eight(48) hours prior to the meeting. M M REGULAR AGENDA APRIL 4, 2000 PAGE TWO PUBLIC HEARINGS COMMUNITY DEVELOPMENT 5A. Resolution No. 00-008/Quasi-.Tudicial / NEW HORIZONS OF THE TREASURE COAST - Consider staff recommendation to approve the resolution changing the zoning from the AR-1 (Agricultural, Residential - ldu/acre) Zoning District to the I (Institutional) Zoning District. Location: 4500 West Midway Road. 5B. Resolution No. 00-014/Quasi-.Tudicial/ PETER AND ANITA SANDEFUR - Consider staff recommendation to approve the resolution granting an extension of a variance from Section 6.02.02 (B) (2) (a), of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks which would allow for the construction of a single-family home within 50 feet of the Mean High Water Line. Location: 623 Howard Creek Lane. 5C. Resolution No. 00-015/Quasi-.Tudicial/ WILLIAM T. SLOAN - Consider staff recommendation to approve the resolution granting a variance from Section 6.02.02 (B) (2) (a), of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks which would allow for the construction of an addition to a single-family home within 50 feet of the Mean High Water Line. Location: 302 Holly Avenue. 6. COUNTY ATTORNEY A. Resolution No. 00-81- Public Improvement Revenue Bonds / 800 MHz Radio System - Consider staff recommendation to adopt Resolution No. 00-81 as drafted. B. Resolution No. 00-63 / Senior Ministry Services, Inc. Industrial Development Revenue Bonds - Consider staff recommendation to adopt Resolution No. 00-63 as drafted. 7. ADMINISTRATION Compensation and Job Classification Plan - Consider staff recommendation to approve the Compensation and Job Classification Plan dated March 31, 2000, to be effective with the pay period beginning April 2, 2000. Consider staff recommendation that permission be granted for staff to advertise for a public hearing to transfer funds from the general fund to the appropriate funds. N./ CONSENT AGENDA April 4, 2000 1. WARRANTS LIST Approve warrants list No. 27 2. PUBLIC WORKS Engineering / Pine Hollow Subdivision / Proposed Street Lighting District - C onsider staff recommendation to approve the request for permission to U dvertise for a public hearing to be held on April 18, 2000 at 7:00 P.M., or J1X as soon thereafter as possible. B. Grant Application - Consider staff recommendation for approval to apply for FDOT funding for repair work on Indian River Drive and to apply for State of Florida Local Agency Certification. Authorize the Chairman to sign the applications. 3. MANAGEMENT AND BUDGET A. River Branch Estates M.S.B.U. Budget / Budget Resolution No. 00-76 - Consider staff recommendation to adopt the budget resolution establishing the budget for the River Branch Estates M.S.B.U. project and authorize the Office of Management and Budget to proceed with obtaining interim financing for the project from NationsBank. B. Budget Resolution No. 00-78 - Consider staff recommendation to approve the budget resolution to appropriate and expend funds from interest earned on funds advanced from FHFA SHIP Grants 4. COUNTY ATTORNEY A. Indrio North Savannas Project / Buczkowski Parcel 80 - Consider staff recommendation to approve the Option Agreement for Parcel 80, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. B. Proposed Ground Sublease - Consider staff recommendation to approve the proposed ground sublease between Air Charter of Florida, Inc., d/b/a Jet Service Center and Lucas Airways, Inc. C. Proposed Ground Sublease - Consider staff recommendation to approve the proposed ground sublease between Air Charter of Florida, Inc., d/b/a Jet Service Center and Aircraft Service Center, Inc. D. Agreement Amendment - Consider staff recommendation to approve the proposed first amendment to the March 4, 1997 interlocal agreement with the Sheriff for the Weekend Work Program and authorize the Chairman to sign the amendment. M M CONSENT AGENDA APRIL 4, 2000 PAGE TWO 5. LEISURE SERVICES Permission to Advertise / Event Marketing and Merchandising - Consider staff recommendation to approve the request for permission to advertise a Request for Proposals for Event Marketing and Merchandising for all County facilities excluding Thomas J. White Stadium. 6. COMMUNITY DEVELOPMENT Covenant Project Development Corporation / LAKE FOREST PARK- PUD - Consider staff recommendation to approve the request of Covenant Project Development Corporation for an exemption from Section 11.02.09 (A) (4), St. Lucie County Land Development Code which requires the preparation of a Transportation Impact Report. APRIL 4. 2000 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. 0M BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA April 4, 2000 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES In John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 Approve the minutes of the meeting held March 28, 2000. /�prVWC10 2. PROCLAMATION/PRESENTATION A. Resolution No. 00-72 - Commending the St. Lucie County 4-H Clubs for the excellent job they did towards the success of the St. Lucie County Fair, and congratulating and thanking them for their contribution and dedication, and for a job well done. Rpm a B. Presentation / Resolution No. 00-79 - Community Development will give a presentation on Aquaculture efforts within the Economic Development Division - Consider staff recommendation to support the resolution and direct staff to work with community members in having our Congressional Delegation add an Aquaculture component to the federal USDA-ARS Lab. C. Presentation - Florida Recycling Se vices, Inc. - Presentation on customer collections regarding the Solid Waste and Recycling Contract. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 0 A (d M-M Peed ft)r,5_eWa_k L161,CJ 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 hearingwill be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any Ind! testiying during a hearing upon request. Anyone. with a disability re uiring 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. `%OW 19 REGULAR AGENDA APRIL 4, 2000 PAGE TWO PUBLIC HEARINGS COMMUNITY DEVELOPMENT 5A. Resolution No. 00-008/Quasi-.Tudicial / NEW HORIZONS OF THE TREASURE COAST - Consider staff recommendation to approve the resolution changing the zoning from the AR-1 (Agricultural, Residential - 1du/acre) Zoning District to the I (Institutional) Zoning District. Location: 4500 West Midway Road. 5B. Resolution No. 00-014 Quasi-judicial/ PETER AND ANITA SANDEFUR - Consider staff recommendation to approve the resolution granting an extension of a variance from Section 6.02.02 (B) (2) (a), of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks which would allow for the construction of a single-family home within 50 feet of the Mean High Water Line. Location: 623 Howard Creek Lane. 4vo)''0Y CX — 5C. Resolution No. 00-015/Quasi-.Tudicial/ WILLIAM T. SLOAN - Consider staff recommendation to approve the resolution granting a variance from Section 6.02.02 (B) (2) (a), of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks which would allow for the construction of an addition to a single-family home within 50 feet of the Mean High Water Line. Location: 302 Holly Avenue. Ap,(.d 6. COUNTY ATTORNEY A. Resolution No. 00-81- Public Improvement Revenue Bonds / 800 MHz Radio System - Con staff gecommendation to adopt Resolution No. 00-81 as drafted. tad B. Resolution No. 00-63 / Senior Ministry Services, Inc. Industrial Development Revenue Bonds - Consider staff recommendat/ionn; to adopt Resolution No. 00-63 as drafted. a5 CVW Aidaf _�V 7. ADMINISTRATION�WOWA s Compensation and Job Classification Plan - Consider staff recommendation to approve the Compensation and Job Classification Plan dated March 31, 2000, to be effective with the pay period beginning April 2, 2000. Consider staff recommendation that permission be granted for staff to advertise for a public hearing to transfer funds from the general fund to the appropriate funds. CONSENT AGENDA April 4, 2000 1. WARRANTS LIST Approve warrants list No. 2 7 2. PUBLIC WORKS A. Engineering / Pine Hollow Subdivision / Proposed Street Lighting District - Consider staff recommendation to approve the request for permission to advertise for a public hearing to be held on April 18, 2000 at 7:00 P.M., or as soon thereafter as possible. B. Grant Application - Consider staff recommendation for approval to apply for FDOT funding for repair work on Indian River Drive and to apply for State of Florida Local Agency Certification. Authorize the Chairman to sign the applications. 3. MANAGEMENT AND BUDGET A. River Branch Estates M.S.B.U. Budget / Budget Resolution No. 00-76 - Consider staff recommendation to adopt the budget resolution establishing the budget for the River Branch Estates M.S.B.U. project and authorize the Office of Management and Budget to proceed with obtaining interim financing for the project from NationsBank. B. Budget Resolution No. 00-78 - Consider staff recommendation to approve the budget resolution to appropriate and expend funds from interest earned on funds advanced from FHFA SHIP Grants 4. COUNTY ATTORNEY A. Indrio North Savannas Project / Buczkowski Parcel 80 - Consider staff recommendation to approve the Option Agreement for Parcel 80, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. B. Proposed Ground Sublease - Consider staff recommendation to approve the proposed ground sublease between Air Charter of Florida, Inc., d/b/a Jet Service Center and Lucas Airways, Inc. C. Proposed Ground Sublease - Consider staff recommendation to approve the proposed ground sublease between Air Charter of Florida, Inc., d/b/a Jet Service Center and Aircraft Service Center, Inc. D. Agreement Amendment - Consider staff recommendation to approve the proposed first amendment to the March 4, 1997 interlocal agreement with the Sheriff for the Weekend Work Program and authorize the Chairman to sign the amendment. M CONSENT AGENDA APRIL 4, 2000 PAGE TWO S. LEISURE SERVICES Permission to Advertise / Event Marketing and Merchandising - Consider staff recommendation to approve the request for permission to advertise a Request for Proposals for Event Marketing and Merchandising for all County facilities excluding Thomas J. White Stadium. 6. COMMUNITY DEVELOPMENT Covenant Project Development Corporation / LAKE FOREST PARK- PUD - Consider staff recommendation to approve the request of Covenant Project Development Corporation for an exemption from Section 11.02.09 (A) (4), St. Lucie County Land Development Code which requires the preparation of a Transportation Impact Report. M I%d AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. —Z DATE: April 4, 2000 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 00-72 - Commending the St. Lucie County 4-H Clubs for the excellent job they did towards the success of the 2000 St. Lucie County Fair, and congratulating and thanking them for their contribution and dedication, and for a job well done. BACKGROUND - FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 00-72 as drafted. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: Review and Approvals as Anderson Administrator On - County Attorney: Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) — Eff. 5/96 M M RESOLUTION NO. 00-72 A RESOLUTION COMMENDING THE ST. LUCIE COUNTY 4-H CLUBS FOR THE EXCELLENT JOB THEY DID TOWARDS THE SUCCESS OF THE 2000 ST. LUCIE COUNTY FAIR; AND CONGRATULATING AND THANKING THEM FOR THEIR CONTRIBUTION AND DEDICATION, AND FOR A JOB WELL DONE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On Friday, February 25, 2000, at 4:00 p.m., the 2000 St. Lucie County Fair opened for nine fun filled days and nights of excitement, adventure, entertainment, food, animals, exhibits, and attractions for the whole family to enjoy. 2. A major factor in the success of the 2000 St. Lucie County Fair was the many dedicated hours of volunteer time, participation, and hard work given by the St. Lucie County 4-H Clubs. 3. St. Lucie County 4-H is an educational youth development program of the Florida Cooperative Extension Service which combines the cooperative efforts of youth, volunteer leaders of St. Lucie County, and the University of Florida; in order to help youth become productive members of society. 4. At the 2000 St. Lucie County Fair, the St. Lucie County 4-H Clubs exhibited and participated in the beef breeding show; market swine show and sale; horse show and horse demonstrations; the small animal show and exhibit tent; the 4-H fashion show; the 4-H dog obedience exhibition; the 4-H booth which displayed 4-H projects including arts and crafts; poster art; horticulture; cooking; woodworking; photography; clothing; animal science; and environmental displays. .. n M 5. This Board believes the St. Lucie County 4-H Clubs should be recognized for the many dedicated hours of volunteer time, participation, and hard work, given towards the success of the 2000 St. Lucie County Fair. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby commend the St. Lucie County 4-H Clubs for the excellent job they did in the success of the 2000 St. Lucie County Fair. 2. This Board does hereby further congratulate and thank the St. Lucie County 4-H Clubs for their contribution and dedication to the betterment of St. Lucie County, and for a job well done. PASSED AND DULY ADOPTED this 4`h day of April, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Diane Turner - 4- e1 From: Lori Rocky <rocky@GNV.IFAS.UFL.EDU> To: SLCMAI LD.VAAVE_P(TurnerD) Date: Tue, Mar 14, 2000 5:00 PM Subject: 4-H Clubs Diane -- Sue thinks it would be best for Doug to announce the clubs that represent 4-H. She feels this would be easier than trying to announce individual names and missing someone that may show up at the last minute. The Clubs are as follows: Barn Brats Beef Builders Cuddly Critters D.C. Gardeners Equine STARS Hog Huggers Happy Hams Love on a Leash Porkers Rocking Horse Rooters Soaring Eagles Sunflower Kids Southern Swine Southern Shooters Treasure Coast Beef Time Chasers Westwood ZEP If you need anything else let me know. Lori CC: SLCMAILD.GWIA("sje@GNV.IFAS.UFL.EDU") %4w' AGENDA REQUE` ITEM NO. 2B DATE: April 4, 2000 CONSENT [ ] REGULAR [ X] PUBLIC HEARING [ ] Leg. [ ] Quasi -JD. TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) :C'nmmnni tyr Development Department Department Head SUBJECT: Resolution on Aquaculture to support funding efforts for proposed County Aquaculture Demonstration Project, OF-IRREC and USDA-ARS Laboratory. BACKGROUND: The County Commission has previously approved a Legislative request for an aquaculture demonstration project by the County. The Indian River Research and Education Center also has funding requests related to aquaculture projects pending before this year's Legislature. Once these programs are in place, a federal program needs to be added in order to complete an overall integrated research program allowing scientists, disciplines, facilities, and equipment to be applied to collaborative efforts benefiting the development of a commercially viable aquaculture industry. Commission support of this resolution will direct staff and community members to develop a coordinated effort with our Congressional delegation to have aquaculture added to the mission of the federal USDA Lab in Ft. Pierce and provide the appropriate federal funding to implement and operate those programs. P NDS AVAILABLE: N/A RECOMMENDATION• •Staff recommends the Board support the resolution and direct staff to work with community members in having our Congressional delegation add an aquaculture component to the federal USDA-ARS Lab. COMMISSION ACTION: [X ] APPROVED [ [ ] OTHER: County Attorney: originating Dept: Finance: (copies only): ] DENIED Do,01/s Anderson County Administrator Coordination/Signatures Mgt & Budget: Other: Purchasing: Other: EFF. 11/4/93 %W ` 04 DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Y is Shewchuk, Community Development Director DATE: April 4, 2000 SUBJECT: Aquaculture Presentation and Resolution. Staff has prepared a brief presentation on aquaculture efforts within the Economic Development Division with the Indian River Research and Education Center (IRREC), USDA Agricultural Research Service Lab (USDA-ARS), and the IRREC Aquaculture Advisory Committee composed of farmers, aquaculturlists and resource persons from throughout the Treasure Coast. The presentation will be made by Dr. Calvin Arnold, Mike Ednoff and a member of the Advisory Committee and cover the aquaculture demonstration being developed by Advisory Committee members, how that demonstration will help establish a state funded Aquaculture Center at IRREC, and then how both of these will be used to obtain federal funding to expand the responsibilities of the USDA to include aquaculture. The combined research and demonstration capabilities will support the aquaculture industry as it grows providing new crops and new revenues for farmers throughout the southern part of the state. The Commission will be requested to adopt a resolution supporting these efforts including the pending state aquaculture funding request of $4.6 million for IRREC and initiating an effort with our Congressional delegation to pursue federal funding in aquaculture for the USDA-ARS Lab in Ft. Pierce. Aquaculture is a targeted industry for St. Lucie County. *%W , ftw 1 RESOLUTION 00-079 2 3 4 A RESOLUTION ENCOURAGING AQUACULTURE DEVELOPMENT 5 IN ST. LUCIE COUNTY AND THE TREASURE COAST THROUGH 6 THE ADDITION OF A STATE FUNDED AQUACULTURE CENTER 7 AT THE UNIVERSITY OF FLORIDA INDIAN RIVER RESEARCH AND 8 EDUCATION CENTER AND PURSUIT OF A FEDERAL AMENDING 9 OF THE MISSION OF THE USDA AGRICULTURAL RESEARCH 10 SERVICE HORTICULTURAL LABORATORY TO INCLUDE 11 AQUACULTURE 12 13 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made 14 the following determinations: 15 16 17 1. Aquaculture has been identified as a targeted industry for development by 18 the County, aquaculture is the fastest growing segment of American 19 agriculture, and the State of Florida presently ranks third nationally in 20 aquaculture value. 21 22 2. St. Lucie County has a strong agricultural history and economy and the 23 agricultural industry can benefit from aquaculture through crop diversification, 24 new farm revenues and greater opportunities for year round employment for 25 farm workers, all of which will help guard against urban sprawl. 26 27 3. Aquaculture can be integrated into agricultural practices and environmental 28 and natural resource disciplines such as water quality, hydrology, multiple 29 uses of water, and nutrient recycling to help create a more sustainable South 30 Florida. 31 32 4. St. Lucie County has existing aquaculture research capabilities at Harbor 33 Branch Oceanographic Institution and has a number of other public and 34 private research institutions who are members of the St. Lucie Research and 35 Education Coalition and who could contribute to aquaculture development 36 through collaborative work and cooperative use of facilities. 37 38 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 39 Lucie County, Florida: 40 41 A. Encourages the Florida Legislature to approve and appropriate the 42 necessary funds, and encourages the University of Florida to establish and 43 operate an Aquaculture Center at the Indian River Research and Education 44 Center in Ft. Pierce. Resolution 00-079 April 4, 2000 Page 1 M B. Encourages the Florida Congressional delegation to add aquaculture to the mission statement of the USDA-ARS Horticultural Lab in Ft. Pierce and the encourages the USDA-ARS Administration to establish and operate an aquaculture program at the Lab that will collaborate and coordinate with existing programs and other institutions in developing profitable aquaculture technologies suitable for farmers in Florida and the Caribbean. After motion and second, the vote on this resolution was as follows: Chairman John D. Bruhn Vice -Chairman Frannie Hutchinson Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Cliff Barnes PASSED AND DULY ADOPTED This 41h Day of April 2000. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 10 ATTEST: Deputy Clerk April 4, 2000 Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution 00-079 Page 2 TO: BOARD OF COUNTY COMMISSIONERS "%�EM NO. C5 -A DATE: 4/04/00 CONSENT [ ] REGULAR [ ] PUBLIC HEARING [ ] Leg.[ ] Quasi-Jud. [X] PRESENTED BY: SUBMITTED BY: Community ve o m_n J' 4 ' o�'f � C unity Development Director S JE Tr: Request for Rezoning of Property located at 4500 West Midway Road from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District - Draft Resolution 00-008 BACKGROUND: Petition of New Horizons of the Treasure Coast for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District. The stated purpose of the rezoning is to allow for the expansion of the existing mental health facility. (File No.: RZ-00-002) PREVTOUS ACTION: The Planning and Zoning Commission, by a vote of 6 to 0,(Mr. Merritt recused, Mr. McCurdy and Mr. Trias absent) recommended approval of the rezoning at its February 17, 2000, meeting. RECOMMENDATION: Approve Draft Resolution 00-008 changing the zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning "District for property located at 4500 West Midway Road. [ X] APPROVED [ ] DENIED [ ] OTHER: �v County Attorney: b Originating Department: Finance: (Check for Copy only, if applicable) Management & Budget: other: /l - Douglas M. Anderson Country Administrator Purchasing: Other: COUNTY COMMISSION REVIEW: March 21, 2000 Resolution 00-008 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: March 14, 2000 _ Subject: Petition of New Horizons of the Treasure Coast Inc., for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District. (File No.: Rz-00-002) The proposed rezoning of property located at 4500 West Midway Road from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District is to allow for the expansion of the New Horizons Mental Health facility. The proposed expansion will be reviewed as a site plan. At the February 17, 2000, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 6 to 0, (with Mr. McCurdy and Mr. Trias absent and Mr. Merritt being recused) recommended approval of this petition as set forth in Draft Resolution 00- 008. This proposed rezoning meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the approval of this petition for a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District as set forth in Draft Resolution 00-008. SUBMITTED: lia Shewchuk, AICP Community Development Director cs cc: Richard Millas, New Horizons of the Treasure Coast Robert J. Lowe, Lowe Realty Corp. 1 2 3 4 5 6 7 8 9 10 RESOLUTION 00-008 FILE NO.: RZ-00-002 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL -1 DU/ACRE) ZONING DISTRICT TO THE I (INSTITUTIONAL) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. New Horizons of the Treasure Coast, presented a petition for a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District for the property described in Part B below. 2. On February 17, 2000, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District for the property described in Part B below. 3. On April 4, 2000, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and File No.: RZ-00-002 March 21. 2000 Resolution 00-008 Page 1 on *4000, proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: Model Land Co. S/D of Section 6, Township 36 South, Range 40 East, Lot 13 in the northeast 1/4, less a strip of land for road right-of-way on the south 63.7 feet on the west end and 64.03 feet on the east end, St. Lucie County, Florida. (Part of Tax ID. No. 3406-501-0020-000/9). (Location: 4500 West Midway Road) owned by Carolyn J. Pruden, is hereby changed from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman John D. Bruhn XXX Vice -Chairman Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED This 4`h Day of April 2000. File No.: RZ-00-002 March 21, 2000 Resolution 00-008 Page 2 V4✓ 1„r/ ATTEST: Deputy Clerk cs H:\Wp\Rezoning\New-Horizons\resolution.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney File No.: RZ-00-002 Resolution 00-008 March 21, 2000 Page 3 3 'r✓ BOARD OF COUNTY COMMISSIONERS March 24, 2000 COMMUNITY DEVELOPMENT DIRECTOR JULIA SHEWCHUK In accordance with the St. Lucie County Land Development Code, you are hereby advised that New Horizons of the Treasure Coast, Inc. (Robert Lowe, Agent), has petitioned St. Lucie County for a Change in Zoning from the AR- 1 (Agriculture, Residential—lunit/acre) Zoning District to the I (Institutional) Zoning District for the following described property: (Location: North side of West Midway Road, immediately east of New Horizons of the Treasure Coast) THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The Board of County Commissioners will hold a public hearing on this petition at 7.00 P.M. on Tuesday, April 4, 2000, in the County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the County Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to File Number RZ- 00-001. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS lhn Jo n D. Bruhn., Chairman JOHN D. BRUHN, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 5 - FRANNIE HUTCHINSON, District No. 4 - CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 - Planning: (561) 462-2822 - GISlfechnical Services: (561) 462-1553 Economic Development: (561) 462-1550 - Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 - Fax: (561) 462-2132 +—, —4.4d -- z E i (n 0 U E N N > 0 t OCD l0 'GN m C 11 O U) O ty J u o � c _ O :1 4 N - E o E P Y tom' N o l N NvEF K -F-+ W P �rN / yJX1U"N53no w. t0 � W Y• � � � Z C W g ` 9 E ap Naw rr I 1S . va a Y a t h YY as r P �tl 11 ar . i7Ma J� p W W n c— r OVOa KL"S7Dotla O U OrOa wos 10 o avoa 3w3 3a+ra aroa 3oanA40ai LLJ . avoa 3rNr3 a3ar3M cc ON owvm wia W O n y ovoa uoi3ar3 ' 5 Oroa 033K or 0 Z i W H FOB � g 0 C I/ 1 S Y£ 1 S S£ 1 S 9£ L J.LNnoo 33GOH033NO J�o ,or New Horizons of the Treasure oast, Inc. 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AUO0¢ v�i W viW Ua00�¢wjU� c i 3H o ��c7aa!U�¢'za o U% w'0 1:4 i¢ ol¢ f~ 00 0 iz z ala a w �n�v��v—��1E— F-I� E> 5 5 N j00 oi11- ON Nr N; i�oj'IT ON wiNjv W) M o' v o �-+ oo'o00 C> C)olo!o0000000 Io oj0 CD CD Ojojo!0 010 010 0�0 0 0 0 o_ o 0 0 0 0 0 0 0 o O o O o 0 o O o oNC',W)I-�Ov,Nl-Ornir.I\0=cnkn O O N� N j E) N Cl) en O N M 0 N N i� O [-- !O O O 010 o'O O O Ojo O O CD !` O q0 �olo:o CD o o!o ojo 0 0 oio o O o 0 0 L❑ A M vi = o v 8)j0 o v v v olv v o oIv o =l •.�~i I I N I M V'� I� Yl I vl vi t� n r- v'1 I fh (- " V'1 l- in c. 1 k ;� o!�o "0 0 �!,�\p 0 0to ,o!o o %oI\OCo ,o �ivj� 'IT ov:I:v�'T;'IT v�0vly vlv1I v v swly' go FROM: DATE: PLANNING AND ZONING COMMISSION REVIEW: 02/17/00 File Number RZ-00-002 DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager February 10, 2000 SUBJECT: Application of New Horizons of the Treasure Coast, Inc., for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District. LOCATION: 4500 W. Midway Road (Tax ID# 3406-501-0020-000/9) EXISTING ZONING: AR-1 (Agricultural, Residential - 1 du/acre) PROPOSED ZONING: I (Institutional) FUTURE LAND USE: RS (Residential Suburban) PARCEL SIZE: 9.06 acres PROPOSED USE: Expansion of the existing mental health facility PERMITTED USES: Section 3.01.03(X), I. (Institutional) identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the "I" (Institutional) Zoning District. Any use designated as a "Conditional Use"is required to undergo further review and approval before that use may be commenced on the property. Any use not identified in the zoning district regulations are considered to be prohibited uses in that district (see Attachment "A"). February 10, 2000 Petition: New Horizons of the Treasure Coast Page 2 File RZ-00-002 SURROUNDING ZONING: I (Institutional) is located to the west, AR-1 (Agricultural, Residential - 1 du/acre) is located to the north and east, Midway Road is to the south. The properties south of Midway Road are within the city limits of Port St. Lucie with a RS-2 (Single-family Residential) zoning designation. SURROUNDING LAND USES: The existing uses in this area are primary institutional uses such as the New Horizons facility, the Sheriff's Office Complex and the Main Post Office). The Future Land Use Classification to the north, east and west of the subject property is RS (Residential Suburban). The single-family neighborhood south of Midway Road is located within the city limits of Port St. Lucie and designated with Residential (RL) land use. FIRE/EMS PROTECTION: Station #6 (350 E. Midway Road) is located approximately 3 miles to the east. UTILITY SERVICE: Water and sewer services are to be provided by the Fort Pierce Utility Authority. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for West Midway Road is 80 feet. SCHEDULED IMPROVEMENTS: See Comments TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. CJ February 10, 2000 Petition: New Horizons of the Treasure Coast Page 3 File RZ-00-002 STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; -The applicant is requesting a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District. The I (Institutional) Zoning District is permitted within all land use designations. The area in which the subject property is located has developed primarily into a centralized institutional core. Such agencies as the New Horizons Mental Health facility, the St. Lucie County Sheriff's Office Complex, the Main U. S. Post Office, etc. have been located within close proximity to the subject property. Therefore, the applicant's request is consistent with existing land uses and the Land Development Code. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant is requesting a change in zoning from the AR-1 (Agricultural, Residential 1 du/acre) Zoning District to the I (Institutional) Zoning District. The area in which the subject property is located is designated RS (Residential Suburban) on the future land use map of the County's Comprehensive Plan. The proposed I (Institutional) Zoning District is a zoning district which is allowed in all land use designations. This proposal is also consistent with the Plan's locational criteria for non-residential uses. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with existing and proposed land uses in the area. The general use of the immediate surrounding area is institutional in character. The area under consideration has been designated within the Comprehensive Plan with an RS (Residential Suburban) Land Use. The I (Institutional) Zoning District is compatible with the Residential Suburban land use designation 4. Whether there have been changed conditions that require an amendment; The land conditions of the area have not changed so as to require an amendment. '✓ February 10, 2000 Petition: New Horizons of the Treasure Coast Page 4 File RZ-00-002 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The rezoning of the property is not expected to create significant additional demands on any public facilities in this area. Prior to the approval of any expansion to the existing facility, the applicant will need to provide documentation verifying that sufficient facilities are in place to support the new development. East Midway Road in this proposed area operates at a Level -of -service "F" east and west of Selvitz Road. At this time, there are no programmed roadway improvements for Midway Road west of 25ffi Street, except for minor intersection improvements at Midway Road/Glades Cutoff Road and Selvitz Road/Midway Road. At the time of site plan approval, the project will be required to convey the right-of-way width for Midway Road, that matches the previously dedicated right of way from the New Horizons facility to the west. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, state, and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The surrounding parcels of property are primarily institutional and residential in character. The Comprehensive Plan identifies the area under consideration with a Residential Suburban land use. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. February 10, 2000 Petition: New Horizons of the Treasure Coast Page 5 File RZ-00-002 The petitioner, New Horizons of the Treasure Coast, has requested this change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District in order to expand the existing mental health facility on the subject property. The subject property is in an area designated within the Comprehensive Plan as Residential Suburban. The I (Institutional) zoning district is a zoning district which transcends across all land use designations. Staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. Attachment cs cc: Richard Mills, New Horizons of the Treasure Coast Robert J. Lowe, Lowe Realty Corp. File r Suggested motion to recommend approval/denial of this requested change in zoning. AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF NEW HORIZONS OF THE TREASURE COAST, FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT TO THE I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY - PLEASE BE SPECIFIC]. AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF NEW HORIZONS OF THE TREASURE COAST, FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT TO THE I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY - PLEASE BE SPECIFIC]. Section 3.01.03 Zoning District Use Regulations E. AR-1 AGRICULTURAL. RESIDENTIAL - 1 1. Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) C. Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Crop services (o7z) b. Family residential homes located within a radius of one thousand (1000) feet of another.such family residential home. (999) C. Industrial wastewater disposal. (999) d. Kennels - completely enclosed. (om) e. Landscaping & horticultural services (ole) f. Retail: (1) Fruits and Vegetables. (543) g. Riding stables. (7999) h. Veterinary services. (074) i Telecommunication towers - subject to the standards of Section 7.10.23 (999) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01/02) b. Animals, subject to the requirements of Section 7.10.03. (999) Adopted August 1, 1990 101 Revised Through 09/07/99 Section 3.01.03 Zoning District Use Regulations C. Guest house subject to the requirements of Section 7.10.04. (ees) d. Mobile Home subject to the requirements of Section 7.10.05. (ees) e. Retail and wholesale trade - subordinate to the primary authorized use or activity. Adopted August 1. 1990 102 Revised Through 09/07/99 Section 3.01.03 Zoning District Use Regulations X. I INSTITUTIONAL Purpose The purpose of this district is to provide and protect and environment suitable for institutional, public, and quasi -public uses, together with such other uses as may be compatible with institutional, public, and quasi -public surroundings. The number in "()"following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Community residential homes subject to the provisions of Section 7.10.07. (999) b. Family day care homes. (999) C. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) d. Institutional residential homes. (999) e. Parks. (999) f. Police & fire protection (9221.9224) g. Recreational activities. (999) h. Religious organizations (866) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Amphitheaters. (999) b. Cemeteries. (65s3) C. Membership organizations (m) d. Correctional institutions. (9223) e. Cultural activities and nature exhibitions. (999) f. Educational -services and facilities (w) g. Executive, legislative, and judicial functions. (91.92.93,94.95,96,97) h. Fairgrounds. (999) i. Funeral and crematory services. (726) j. Theaters. (999) Adopted August 1, 1990 132 Revised Through 09/07/99 Section 3.01.03 Zoning District Use Regulations k. Medical and other health services. (so) I. Postal service. (43) M. Residential care facilities for serious or habitual juvenile offenders. (age) n. Social services (e3) o. Sporting and recreational camps (7,ow) p. Stadiums, arenas, race tracks v94) q. Telecommunication towers - subject to the standards of Section 7.10.23 (ees) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages related to civic, social, and fraternal uses). (ees) b. Restaurants. (Including the sale of alcoholic beverages for on -premises consumption only.) (M) C. Funeral and crematory services. (m) d. Heliport landing/takeoff pads. (ees) e. Detached single-family dwelling unit or mobile home, for on -site security purposes. (9ee) f. Residence halls or dormitories. (m) Adopted August 1, 1990 133 Revised Through 09/07/99 %'we AGENDA REQUEST "-W ITEM NO DATE: 04/04/00 CONSENT [ ] REGULAR [ ] 5-C PUBLIC HEARING [ X ] Leg.[ ] Quasi-Jud. [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Devel=ment Com ity Development Director SUBJECT: Request for a Variance from Section 6.02.02 (B) (2) (a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks, for property located at 302 Holly Avenue - Draft Resolution 00-015 BACKGROUNIL- Petition of William T. Sloan, for a Variance from the Requirements of Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks to allow for an addition to a single-family home within 50 feet of the Mean High Water line of a tributary of the St. Lucie River. •► • gFrOMMENDATION: Approve Draft Resolution 00-015 granting a variance from Section 6.02.02 (B) (2) (a) , of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks which would allow for the construction of an addition to a single-family home within 50 feet of the Mean High Water line. [X] APPROVED [ ] DENIED [ ] OTHER: C as M. Anderson y Administrator County Attorney: 4Ci Management & Budget: Purchasing: Originating Department-- Other: Other: Finance: (Check for Copy only, if applicable) fir✓ ,r.10f COUNTY COMMISSION REVIEW: April 4,2000 DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of Co 7e4veopamenZtef-- ;Al�yCos From: Date: March 29, 1999 Subject: Petition of Peter and Anita Sandefur, for an extension of a Variance from the Requirements of Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks On April 4, 2000, you will be requested to review the petition of Peter and Anita Sandefur, for an extension of a variance from the provisions of Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code, St. Lucie River Shoreline Setbacks. The subject property is located at 623 Howard Creek Lane, adjacent to Howard Creek, a tributary of the North Fork of the St. Lucie River. The Land Development Code allows for a variance to be extended for one year. The above cited section of the Land Development Code establishes setbacks from the shoreline of the North Fork of the St. Lucie River in which development activities are either prohibited or restricted. The provisions of Section 6.02.02(B)(2)(a) specify that no development activity that would alter the native vegetation of the shoreline of tributaries of the North Fork of the St. Lucie River shall be permitted within 50 feet of the mean high water line for lots of record platted before August 1, 1989. The applicant was granted a variance from Section 6.02.02(B)(2)(a) in order to permit a single family home at 623 Howard Creek Lane on April 6, 1999. The single-family home is proposed to be located 25 feet from the mean high water line (MHWL) and, therefore, have a deficit of 25 feet of the required setback from the mean high water line. A variance request of 10 feet or more of this 50 foot setback requires a review and determination by the Board of County Commissioners. The original variance is due to expire on April 6, 2000. Subsequent to the granting of the variance on April 4, 1999, the Sandefurs entered into a contract to sell the property to another owner. In order to give sufficient time for the new owner to close the sale and finalize their building plans, an extension will need to be granted. All facts remains the same from the time the original variance was granted. *410-' `.ri April 4, 2000 Subject: Peter and Anita Sandefur Page 2 Shoreline Variance Request STANDARDS OF REVIEW In reviewing this request for a variance from the requirements of Section 6.02.02(B)(2)(a), the Board of County Commissioners must consider the following standards, as specified in Section 10.01.30 of the Land Development Code. 1. The requested variance must arise from conditions which are unique and peculiar to the land involved; that if the provisions of this Code are literally enforced, they would create an unnecessary hardship to the owner; that the conditions are not ordinarily found in the same zoning district; and that the conditions are not caused by actions of the property owner or applicant. The requested variance arises from conditions which are unique and peculiar to the property involved. The irregular shape of the subject property causes an unique situation that, if the required setbacks are to be adhered to, would cause undue hardship on the owner. The subject property is zoned RS-3 (Residential, Single - Family - 3 du/acre) and requires a front setback of 25 feet, side setbacks of 10 feet, and because it is located next to a tributary of the St. Lucie River, a rear setback of 50 feet from the MHWL. The result is a building footprint which severely restricts the use of the property and the home that can be built on it. The attached Exhibit `B" indicates the allowable building area of the subject property if current County criteria are enforced. The attached Exhibit "A" indicates the building area if the Sandefurs were allowed to reduce the shoreline setback to 25 feet. As can be seen on these sketches, Exhibit `B" severely limits the type of home that could be built on the subject property. Many of the other homes in the neighborhood were built prior to the current 50 foot setback when only a 25 foot setback was required. A reduction in the setback to 25 feet would allow for the construction of a home in conformance with other homes in the neighborhood. 2. The granting of this variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located. The reduction of the buffer zone has been determined to have no significant impact upon the water quality and shoreline protection needs of Howard Creek. The subject property already has a bulkhead on the St. Lucie River and a dock and, therefore, no degradation of the shoreline is expected to occur if the setback is reduced from the current 50 feet to the proposed 25 feet. The existing mangrove fringe on one side of M April 4, 2000 Page 3 Subject: Peter and Anita Sandefur Shoreline Variance Request the property is expected to remain in place. The enforcement of the current setbacks would result in a home which would not resemble other homes in the neighborhood and could possibly lower the area's property values. The granting of this variance would allow the applicant to construct a home in substantial conformance with other homes in the neighborhood. 3. The variance is the minimum that will make possible the reasonable use of the land. The requested variance is the minimum variance required in order to allow the Sandefurs or subsequent owners to construct a new single-family home similar to other existing homes in the subdivision. 4. The variance will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The proposed variance is not opposed to the general spirit and intent of the St. Lucie County Land Development Code or Comprehensive Plan. The variance, if granted, would allow the construction of a home on this property that would more closely resemble other homes in the neighborhood. Based upon these findings, staff recommends that you approve the above cited request for an extension of a variance from the provisions of Section 6.02.02(B)(2)(a), St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks. Staff recommends approval of Draft Resolution 00-014. Please contact this office if you have any questions on this matter. SUBMITTED: Julia Iversen-Shewchuk, AICP Community Development Director cc: Peter and Anita Sandefur File M ,*Me 1 RESOLUTION NO. 00-014 4 A RESOLUTION GRANTING AN EXTENSION TO RESOLUTION 99-012 5 AUTHORIZING A VARIANCE FROM THE REQUIREMENTS OF SECTION 6 6.02.02(B)(2)(A) OF THE ST. LUCIE COUNTY LAND DEVELOPMENT 7 CODE PERMITTING A 25 FOOT ENCROACHMENT INTO THE REQUIRED 8 SHORELINE SETBACK AREA OF THE NORTH FORK OF THE ST. LUCIE 9 RIVER, FOR PETER AND ANITA SANDEFUR 10 11 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made 13 the following determinations: 14 15 1. On April 6, 1999, this Board heard the petition of Peter and Anita Sandefur for 16 variance from the requirement of Section 6.02.02(B)(2)(a) of the St. Lucie County 17 Land Development Code permitting a 25 foot encroachment into the required 18 Shoreline Setback Area of the North Fork of the St. Lucie River, for property located 19 at 623 Howard Creek Lane, in the Beau Rivage Subdivision, south of Port St. Lucie. 20 21 2. The petition for variance submitted in 1999 by Peter and Anita Sandefur, was 22 approved by this Board through Resolution 99-012, which Resolution is to expire on 23 April 6, 200 unless a building permit is been issued or a new variance approval is 24 granted extending the effective period of the original variance authorization 25 26 3. On April 4, 2000, this Board held a public hearing on the petition of Peter and Anita 27 Sandefur for an extension to the variance from the requirement of Section 28 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code permitting a 25 29 foot encroachment into the required Shoreline Setback Area of the North Fork of 30 the St. Lucie River, after publishing a notice of such hearing and notifying by mail 31 all owners or property within 500 feet of the subject property. 32 33 4. After consideration of the testimony presented during the April 4, 2000 public 34 hearing, including staff comments and the standards of review for granting 35 variances set out in Section 10.01.30, St. Lucie County Land Development Code, 36 the Board of County Commissioners has made the following determinations: 37 38 a. The variance requested arises from a continuing condition that the 39 particular physical surroundings, the shape, ortopographical condition Underline is for addition Strike Threttgh is for deletion Res. No.: 00-01 File Number SLR-00-001 Final Print Date: 04/04/00 Page 1 \.r 1 of the specific parcel of land involved, would result in unnecessary 2 hardship for the owner or developer, as distinguished from a mere 3 inconvenience, if the provisions of this Section are literally enforced, 4 and the condition is created by the regulations of this Section, and not 5 by an action or actions of the owner, developer or applicant; 6 7 b. The granting of the variance will not impair or injure other property or 8 improvements in the neighborhood in which the subject parcel of land 9 is located; 10 11 C. The variance granted is the minimum variance that will make possible 12 the reasonable use of the land, building or structures; and 13 14 d. The variance desired is not be opposed to the general spirit and intent 15 of the St. Lucie County Land Development Code or the St. Lucie 16 County Comprehensive Plan. 17 18 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 19 Lucie County, Florida: 20 21 1. The petition of Peter and Anita Sandefur for variance from the requirement 22 of Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code 23 permitting a 25 foot encroachment into the required North Fork of the St. 24 Lucie River Shoreline Setback Area, for property located at 623 Howard 25 Creek Lane, in the Beau Rivage Subdivision, south of Port St. Lucie, is 26 hereby granted, authorizing the construction depicted in the attached Exhibit 27 A subject to meeting all other applicable building codes and standards. 28 29 2. The property on which this variance shall apply is described as follows: 30 31 Section 24, Township 37 South, Range 40 east; Lot 12, Beau 32 Rivage Heights Subdivision as Recorded in Plat Book 14, 33 Page 33 of the Public Records of St. Lucie County, Florida, 34 subject to any applicable easements, rights -of -way or other 35 restrictions of record (Parcel ID # 4424-804-0012-000/9) 36 37 (Location: 623 Howard Creek Lane, Stuart) 38 39 C. This Resolution shall become effective upon the date of approval indicated Underline is for addition Strike Through is for deletion Res. No.: 00-01 Print Date: 04/04/00 File Number SLR-00-001 Page 2 Final 1 below. 2 3 D. This Resolution shall expire on April 4, 2001, unless a Building Permit for the 4 proposed use has been obtained. 5 6 E. A copy of this Resolution shall be mailed, return receipt requested to the 7 Petitioner. 8 9 F. A copy of this Resolution shall be placed on file with the St. Lucie County 10 Community Development Director. 11 12 G. This Resolution shall be recorded in the Public Records of St. Lucie County. 13 14 15 After motion and second, the vote on this resolution was as follows: 16 17 Chairman John Bruhn XXX 18 19 Vice -Chairman Frannie Hutchinson XXX 20 21 Commissioner Cliff Barnes XXX 22 23 Commissioner Doug Coward XXX 24 25 Commissioner Paula A. Lewis XXX 26 27 28 PASSED AND DULY ADOPTED this 4th day of April, 2000. 29 30 31 32 BOARD OF COUNTY COMMISSIONERS 33 ATTEST: ST. LUCIE COUNTY, FLORIDA 34 35 36 37 BY: 38 DEPUTY CLERK CHAIRMAN 39 40 Underline is for addition Strike Through is for deletion Res. No.: 00-01 File Number SLR-00-001 Final Print Date: 04/04/00 Page 3 Lr r4, 1 2 3 4 5 6 7 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 00-014(a79) 41 DJM Res. No.: 00-01 File Number SLR-00-001 Final APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Underline is for addition Strike Through is for deletion Print Date: 04/04/00 Page 4 BO UYJ DA R Y SU E Y l� Th1s --� Qc4t. l a f " « ' 011 yew''' V. i 5 +h SC4 ,lac k C,� llS 51 60 (� UNPLATTED R)ofprli?+ / ao aucml< I 70� :5izcd al-ablle t,� %dm e ( 1 `I'X 70' h kV 9 80 59, O Fo r 517-e c-oMpar(,S Gtre »ot al(o;A'd bcl SU-bdiviSI&A C.0Vet.,zt,%; (NON-RAD1A / 18.00• S 90-00'00' E 125.00' ( W> --------.-'---- �; % �' f HOWARD CREEK/7 . / FND NAIL LANE 20ASPHALT FND NAIL 5� i _ a ►,` s►Ag0xd 5e.+ back WOOD 00 P91 rto�c�iw Ct�bd i V is i on COV ��'ES `H i HEAD NLINE REARIN( ��O 1 N 00'01'42"W 2 N OT41'27"{Y 3 N 29'49'02"W 4 N 40'07'12"F. C-1 5 N 15.47'17"W R=50.00' 6 N 05'08'38"1Y A=109.08' 7 N 3756'04"E D=125'00'00" 8 N 33'04'48"W 'I'AN=96.05' -SET #5 R&C (LB 4875) 9 N 50'12'00"W C H=87.82' 10 S 55'00'00"W CHO.=N 2748'OS' -FNn 4"X4" C.M. -11 S 48'13*5I"W _ REVISIONS- SUTH FLORIDA No. DESCRIPTION DATE PROFESSIONAL z ----- --- LAND SURVEYORS 2434 N. E. MYRTLE STREET - SUITF. 100 JENSEN BEACH, FLORIDA 34 957� (407) 334-8772 (407) 334-2585 FAX (407) 334-2584 DRAWN BY: FU a,Ec N foD RMK KA'D 1/14/94 BOOK: rncE: 15 MC-15 Dr: TLh1 DATF. IN FIELD. 1/10/99 �- 94-006 c,leer 2 of 2 13.62' 19.02' 13.4 8' 44.01' 21.74' 14.57' , 7.93' 15.83' 19.64' 20 10 0 20 40 60 4.00 - SCALE IN PELT SURVEYOR'S CERTIFICATE I HEREBY CERTIFY TH.17' 'I —HE FLAT SHOWN HEREON IS A TRUE AND COMMECT REPRESENTA710N OF A SURVEY MADE UNDER MY LfRECI-ON AND TR/.T SAID�71RVEY HEM. THE MINIMUM TECHNICAL CTAN: .•ftfiS OF FLORIDA ADMINISTRATIVE CODF RULE AAcz;7-6 P:IRSJANT TO F.S. CHAPIEX 47F.0,'% 4h0 TL'11' ;XEAF :IAA NC %DOVND E GROU ENCROACKUENiS H .Y1-ISS OTHERII,SE S.7C7NC NOV VAUD UNLESS SEAT-ED WITH AN EMrrCYSyJ SEAL 0 0 - --RR1' L. ;/.GCDRV1TT PROFESSIONAL LAND .SURVEYOR FLORIDA CF.RTiFICATE'No. 4557 BY --040w— z M W i CD 0. N N O °' � %' H o Y 0 Ssr � .a L co E O A, � .�. v u I N i �� 7 4 t rr P o J � E `Oes•'`r o a a /i W / /) V 7I o �+ W V � L � � W f 00 w N pvEa or v P41 l ir71T'NY' s 5 P N �` � � s►v � 3 tVL � jJly� � lei ° ( P 1 _ � G p W 9 i 3m r Nwdr lOuzim_0 u M — PARK 1 jai ` N y w J? <lJ W —_-3nN`Av—l�lil73N�••_ aw-Aax �• �, J� `< W 0, .._.._o'r3u litli3 - Od rel t . a as I ti✓ K or58 tiUwiieow_ Z ovod by OrOd N11NSM70YB avod NNMS \ � avod 30ddad0Yl OV6i 3M1 30Nrd U � _ w LLJ : ar0a rNr3 d30r3N yl ' as 7MglON lr301 W w, g aroa 033Ns Nolwro ac Q YL•� ?/Nra ' Z t C'J IYNVJ Y � Act C-Q / /J1 / S h£ L S S£ L S 9£ L KLNf100 3380HO33�iO o, Land Use / 31 30 z9 28 27 26 Oo 25 C 24 8 0 C , 23 f 9 14 f3 22 ro 12 ,4 1 I 16 I n' le � l9 20 Peter L. Sandefur y �0pp ro 7 8 9 Il TRACT 20 L-14 19 Cour t 12 18 TRACT L-12 n /6 15 14 13 PORT ST. LUCIE CITY LIMITS do �a Howard Creek Lane CT,p 2 F� 1, ro 9 B 7 6 5 4 3 21 I — ANAL -- -- -- -- — 24A 25A — — — — 26A 27A 28A 29A 30A 3/A 32A i— — — — e I 24 25 26 27 28 29 30 31 32 1 3 A 48 JJ I 2J St. Lucie Lane i *7 J4 I 22 2l 20 ,9 C 35 i J A 46 — — — l8 J 36 / —-- 22A 21A -- 20A I9A18 45A 45 7A C AL ---�\ 8A 17A i O i J7 I37A 44AI 44 /---- 7 8 40A 41A aA /6A i 16 J .19A — — J8 6 9 II 9A 15A I 15 � 57 J940 41 4\43 5 O 10 �roA fJA 14 Road SLR 00-001 This pattern indicates \\\\\\\- X subject parcel. TRACT 'A' STORMWATER MANACEMENT TRACT Community Development Geographic Information Systems Map revised March 20, 2000 �•y� ..:, ��'ryy This "p has been cdnpile0 V General Plarrini^7 and reference Wks orgy. yyrgle eery offat has been made to provide the most arrerrl and amirate information possible, 0 Is not interided for use as a legally birAN document. Zoning 131 30 29 28 9 27 26 00 25 24 a O G^� 23 9 14 lJ 22 ro 12 14 , I /6 I n I 1a I 19 20 Peter L. Sandefur 22 T 0 6 2l 00 ro 7 8 9 11 TRACT `0 L-14 19 Court 12 18 13 TRACT L-12 17 Is 15 /4 PORT ST. LUCIE CITY LIMITS y0 �Q Howard Creek Lane n z ro 9 9 7 a 5 4 3 2 11 — ANAL -- -- -- -- — 1 50 24A 25A 26A 27A 2aA 29A 3OA 31A 32A / \ v 49 24 25 26 27 28 29 30 31 32 1 3 A 48 33 I 23 St. Lucie Lane 47 i 34 22 2l 20 19 � JS 3 A 46 I \ — — — — — — — — /a 0 36 J / 45 22A 21A WA 1 AA1a 45A 7A C � ---�\ A nA I f7 17 I J7A 1 44A1 44 /i--- I 7 a 1 •U I A 4OA 41A IJA 16A 1 16 J 38 39A — — 42 4J 6 9 1 I 9A 15A' 15 U N 3940 41 42 5 O 10 \roA tJA 14 Road SLR 00-001 This pattern indicates subject parcel. (D 4 � 11 0 3 a o- 2 TRACT 'A' STORMWATER MANAGEMENT TRACT �-� Community Development ~ stems Geographic Information S ..� �Y Map revised March 20, 2000 The map has been compiled for generalplanning and reterence purposes ony. t�' aiC • W is wary ot" has been made to povide the rt t cunenl and a ate 'r+••��•�:•^"' infomlation possible, 4 is not Intended for uae as a legally bicidog document. N A petition of Peter L. Sandefur for an extension of a Variance from Section 6.02.02 of the St. Lucie County Land Development Code. 22 �j 5 6 10 31 TRACT 20 30 L-14 19 Cour t 12 29 18 n 16 rs 14 13 TRACT L-12 28 27 26 N 25 24 8 G� 23 f 9 14 rJ ZP ro 12 21 14 1s 1 r6 I ° 1 rs � 19 1 20 PORT ST. LUCIE CITY LIMITS do �Pa Ct 2 Il to 9 Howord Creek Lone a 7 6 5 4 J — -- -- -- -- — ANAL 21 I 1 50 24A 25A 26A VA 28A 29A JOA J/A JZA ---- -------------------- 7 --- - I I 49 24 25 26 27 28 29 30 31 32 1 1 3 A 48 33 1 25 St. Lucie Lone i 47 34 I 22 21 20 r9 � C 35 1 3 A 46 \ — — — — — — — — 18 a J6 J / 45 22A 2/A 20A ,9A/8 +SA 7A --- C IN�A 8A ---� !7A I n 37 37A I NA I 44 / 7 \ 8 i i U MA 40A 3 41A I!A /6A 1 /5 38 MA — — 6 99AISA 15U% 1 3940 4/ 4\43 5 S 10 0 \roa 1+ it i3A Road SLR 00-001 This pattern indicates subject parcel. 1 4 � n 0 3 0 0-- TRACT "A' STORMWATER MANAGEMENT TRACT Community Development Geographic Information Systems . ' a Map revised March 20, 2000 This rnap has bean cgnpiled for gerwWpWmV and refetence Wposes oi*. N wbiie every effort bee been made to provide Mmcana e most canard and a ate information poeei0le, it is not intended for use as a iegaly binding document. 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Mobile go-MC5 1 arc not 0'.110 'd bLf [ I UNPLATTED (NON—RADIA 16.00' S 90-00'00" E 125.00' i x� . rw - HOWARD CREEK_ FND NAIL — LAND zo• ASPHALT IMD NAIL 15, :S iAga.rd 5cf back P �p l Q91 rto�L�i�td � S•.tbdiviSio� covcw�n'fs 11 lg +�,ti1 LINE BEARING DISTAN y�0 1 N 00'01'42"W 13.62' 2 N 08'41'27"W 19.02' 3 N 29'49'02'W 13.48' 4 N 40'07'12'F. 44.01' C-1 5 N IF47'17"W 21.74' R=50.00' 6 N 05'08'36'W 14.57' A=109.08' 7 N 3756'04"E 7.93' D=12.5'00'00" 8 N 33'04'48"W 15.83' TAN=96.05' 9 —SET #5 R&C I(LB.4875) 9 N 50'12'00"W 19.64' CN=87.82' 10 S 55'00100"W 4.00 CHf1=N 2798'O5:' ■ —FND 4'X4" C.M. 11 S 48'13'51"W 1.83 � FLORIDA_.-REVISIONS �S 0 U ,T H No. DESCRIPTION DATE— BY PROFESSIONAL 2 -- --- --- LAND SURVEYORS 2434 N. E. MYRTLE STREET — SUITE 100 DRAWN BY'. RMK DATE DRAWN: 1/14/94 JENSEN BEACH, FLORIDA 34957 FIELD DooK: FACE: 15MC-15 (407) 334-8772 (407) 334-2585 61ECKED BY. TLM DATE. IN FIELD: 1/10/94 FAY (407) 334-2584 Loa No. 94-006 �'feET 2 OF J zo to } o zo +o so SCALE IN PELT SURVEYOR'S CERTIFICATE I HEREBY CERTIFY TAT YTIE FLAT SHOWN HEREON IS A TRUE AND CO =KRCT REPRESENTA7I0.Y OF A SURVEY IUDE UNDCR XY fiIRCC770N AND TR/.i :CUD J7iRVEY mirm THE 14INIMUN TECHNICAL WANZ.-f0-q 011FLORIDA ADMINISTRATIVE; CODR -RME RA[:: 7-Q PURSJANT TO F.S. CBAPM +7E.U2% Gh4 MW 'XERF AM NC AZIFE GROUND ENCROACKWENTS IfNIZZ OTHERWISE S::C7N' N07 VAUD UNLESS SEA1.6D WITH AN EMJ"OeS' ' SEAL RRY L. ACDEVITT PROFESSIONAL LAND ,SURVEYOR FLORIDA CERTIFICATEWo. 4557 r4k4ei 1 b D 0 NDA R Y -(.,S UPVE Y &,k i Id 0.b'.0 a rtaIL� W 1'�'� SO 1* DQCIC 0�10�1 (0) 'nG eK be� vA `J G So �s UNPLATTED (NON—RAD1 18.00'_ S 90.007 E 125.00' 1$,380 SQ. xooD �y0� l � BULKHEAD Ititi� �O ti i xP� , HOWARy CREEK FND NAIL LANE 20, ASPHALT PND NAIL I 15, siAgo,rd 5f-f back rtgcAir cd b` ez*cbd i v iS i o- nova v+a-f S 1 N OW01'42"W 2 N 08'41'27'W 3 N 29'49'02" W _ 4 N 40'07'12"E C-1 5 N 15'47'17W R=50.00' 6 • N 05'08'38"W A=109.08' 7 N 37'56'04"E D=125'00'00" 8 N 33704'48"W I'AN=96.05' -SET #5 R&C (LB 4875) 9 N L50'12'0U"w CH=87.82' 10 S 55'00'00"W CHII=N 274fi'05:'_. ■ —FND 4'X4" C.M. 11 S 48-13.51"W_ REVISIONS I JI O l J T H FLORIDA No DESCRIPDATE PROFESSIONAL z3LAND SURVEYORSDRAWN BVDRAWN: 13.62' 19.02' 13.48' 44.01' 21.74' 14.57' 7.93' 15.83' 19.64' 4.00 BY 2434 N. E. MYRTLE STREET — SUITE 100rBOOK: 1/14/94 JENSEN BEACH, FLORIDA 34957 FIELDPACE' 15 (407) 334-=8772 (407) 334-2585M DATE IN FIELD: 1/10/94l FAX (407) 334-2584 06 SHEET 2 of 2 20— 10 0 20- 40 6 -�CALE�N-PF.ET SURVEYOR'S CERTIFICATE, I HERERY CERTIFY TIi.1T rue PLAT SNOIIN HEREON IS A TRUE AND Cn :KRCT REPRESENTAII%Y OP A SURVEY MADE UNDER MY DIRECTION AND TIfIT :CUD SURVEY MEETS THE MINIMU:J TSC/INICAL STAND!RI>_C 01r FLORIDA ADMINISTRATIVE 'ODF. RUIZ 410;7-6 F*UAWANT To P.S. CHAPTER (Y•U: % AND TILIT iHEXF AM RG �A%IVE CROUND F.NCROACKdEh' S IMAMS OTHERWISE 9 CWN7 Vor VALID UNLESS SEALED wITH AN EMricesEZ SEAL. 77 PROFESSIONAL LAND .SURVEYOR FLORIDA CERTIFICATE No. 4557 n M ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 _ Fax # 561/462-1581 REQUESTED VARIANCE: Peter L. Sy extension of a Variance from Section REGARDING PROPERTY LOCATED AT: 623 Howard Creek Lane, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ........................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................ I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): Cr /IC Address: �8 � �. t _ �'��csC2 e5!0 ` z Date: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR 00-001, Peter L. Sandefur. ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: 1 ;T Land line of the REGARDING PROPERTY LOCATED AT: 623 Howard Creek Lane, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ........................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... v I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): Address: ! �; r; 0 515, K ( l.LC-jW (.-D J!LT �o 2 i Si L 0 C Date: � Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR 00-001, Peter L. Sandefur. %✓ �.r ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: REGARDING PROPERTY LOCATED AT: 623 Howard Creek Lane, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ........................................ ✓I AM NOT IN FAVOR OF THE REQUESTED VARIANCE. �Z✓�G� I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): Address: Licc �^z, ►%L `( �S Z L? Date: ,' 2-7 2-0 OG) Signed: v�G� Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR 00-001, Peter L. Sandefur. cm REQUESTED VARIANCE: ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 23G0 Virginia Avenue, Room 20✓ Ft. Pierce, FL 34982 Fax # 561/462-1581 the .J REGARDING PROPERTY LOCATED AT: 623 Howard Creek Lane, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ........................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE. ............................... / I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. ivaliiC (i iCa�C iiiiit): �06L-2r� F' -S��T Address: /3 �cc'///2D �= �;' C�A,16 7/ z r s Y Date: 2 � o Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR 00-001, Peter L. Sandefur. cm ST. LUCIE COUNTY �JG1E CpGy OR10P Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: allow Lucie REGARDING PROPERTY LOCATED AT: 623 Howard Creek Lane, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. / I AM IN FAVOR OF THE REQUESTED VARIANCE ........................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): Address: 71 Date: V Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR 00-001, Peter L. Sandefur. ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 2300 Viruinia Avenue, Room 203 Ft. Pierce; FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: the REGARDING PROPERTY LOCATED AT: 623 Howard Creek Lane, Port St. Lucie If you wish to comment, please check only one of the three following statements an return no later than 3-31-00. I AKIN FAVO F THE REQUESTED VARIANCE ................................... I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print):�-'Fi Address: 12-0 'ST ZL,(0,,F Z-1*UE 3 �5'�y 91116 Date: '5�0 W/o— �� Signed: Please note that forms returned without a name and i not b�fisidered. Also note that all returned forms are a matter of public record a a Bab or viewing upon request. (File No.: SLR 00-001, Peter L. Sandefur. 05 ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: Peter L. Sandefur, has petitioned St. Lucie County for an extension of a Variance from Section 6.02.02(B)(2)(a), of the St. Lucie County Land Development Code to allow for the construction of a single-family home within 50 feet of the mean high water line of the St. Lucie River for the following described property: REGARDING PROPERTY LOCATED AT: 623 Howard Creek Lane, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no late/tha 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ........................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below I aim a property owner within 500 feet of the requested variance. Name (Please Print): �J��j� S LW v�`,�/ L� �dsc ,4,/ l � Address: 1 — C tN 416 Al S NQt7-V✓A�cC Date: ZIgo a Signed- n � Please note that forms returned without a name an address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR 00-001, Peter L. Sandefur. ,%W ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: Peter L. Sandefur, has petitioned St. Lucie County for an extension of a Variance from Section 6.02.02(B)(2)(a), of the St. Lucie County Land the mean high water line of the St. Lucie River for the following described property: REGARDING PROPERTY LOCATED AT: 623 Howard Creek Lane, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE V I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below, I am�a property owner within 500 feet of the requested variance. Name (Please Print): t 5 C" 7 f- A,54 k `' Address: 1' Z '� I L, C-(,c ~ S f�u� f Ft. 3 Ivi L-2-�JG LDate:Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR 00-001, Peter L. Sandefur. REQUESTED VARIANCE: mean of M ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 for the REGARDING PROPERTY LOCATED AT: 623 Howard Creek Lane, Port St. Lucie Land If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): lYr S Address: ��i-- ��a Co S T. ���� ��: <i r� Date: ^%/%>�,- a %. �(�uv Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR 00-001, Peter L. Sandefur. in 0 ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Divivion 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REOUESTED VARIANCE: Peter L. Sandefur, has petitioned St. Lucie County for an REGARDING PROPERTY LOCATED AT: 623 Howard Creek Lane, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ........................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ....................... I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): L/r 1)A Address: Date: (�, ( �T- 4-4ri j A1?-b ClLF�c< Lt! 5Z,7-0Af-7 Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR 00-001, Peter L. Sandefur. AGENDA REQUEST ITEM NO. DATE: 04/04/00 CONSENT [ ] REGULAR [ 5-B PUBLIC HEARING [ X ] Leg.[ ] Quasi-Jud. [g ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Development ?"u nity Development Director SUBJECT: Request for an extension of a Variance from Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks, for property located at 623 Howard Creek Lane- Draft Resolution 00-014 BACKGROUND: Petition of Peter and Anita Sandefur, for an extension of a Variance from the Requirements of Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks to allow for the construction of a single-family home within 50 feet of the Mean High Water line of a tributary of the St. Lucie River. PREVIOUS ACTION: On April 6, 1999, the Board of County Commissioners granted a variance from Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks to allow for the construction of a single-family home within 50 feet of the Mean High Water line of a tributary of the St. Lucie River RECOMMENDATION: Approve Draft Resolution 00-014 granting an extension of a variance from Section 6.02.02(B)(2)(a), of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks which would allow for the construction of a single-family home within 50 feet of the Mean High Water line. [X ] APPROVED [ ] DENIED [ ] OTHER: Doflgl,�s M. Anderson Coup y Administrator Review and Approvals County Attorney: 1ja pip 67 —2 Management & Budget: Purchasing: Originating Department: Other: Other: Finance: (Check for Copy only, if applicable) 114W ,400 COUNTY COMMISSION REVIEW: April 4, 2000 DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: March 29, 2000 Subject: Petition of William T. Sloan, for a Variance from the Requirements of Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks On April 4, 2000, you will be requested to review the petition of William T. Sloan for a variance from the provisions of Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code, St. Lucie River Shoreline Setbacks. The subject property is located at 302 Holly Avenue, adjacent to the North Fork of the St. Lucie River. The above cited section of the Land Development Code establishes setbacks from the shoreline of the St. Lucie River in which development activities are either prohibited or restricted. The provisions of Section 6.02.02(B)(2)(a) specify that no development activity that would alter the native vegetation of the shoreline of tributaries of the St. Lucie River shall be permitted within 50 feet of the mean high water line for lots of record platted before August 1, 1989. The applicant is requesting a Variance from Section 6.02.02(B)(2)(a) in order to permit the construction of an office addition to the rear of his existing home. The addition is proposed to be located approximately 30 feet from the mean high water line (MHWL) and, therefore, have a deficit of 20 feet of the required setback from the mean high water line. A variance request of 10 feet or more of this 50 foot setback requires a review and determination by the Board of County Commissioners. STANDARDS OF REVIEW In reviewing this request for a variance from the requirements of Section 6.02.02(B)(2)(a), the Board of County Commissioners must consider the following standards, as specified in Section 10.01.30 of the Land Development Code. 1. The requested variance arises from conditions which are unique and peculiar to the land involved; that if the provisions of Section 6.02.02(B)(2)(a) of this Code are literally enforced, they would create an unnecessary hardship to the owner; that the conditions are not ordinarily found in the same zoning district; and that the conditions are not caused by actions of the property owner or applicant. M April 4, 2000 Page 2 Subject: William T. Sloan Shoreline Variance Request The subject property is located at 302 Holly Avenue and is zoned RS-4 (Residential, Single -Family - 4 du/acre), which requires a front setback of 25 feet, side setbacks of 7'/z feet, and because it is adjacent to a tributary of the St. Lucie River, a rear setback of 50 feet from the Mean High Water Line (MHWL). The applicant's home is already located within 34 feet of the MHWL of the St. Lucie River. The applicant is requesting that this setback be reduced to 32 feet so that he. can construct an office addition to the rear of the home. Under the current building regulations of St. Lucie County, Mr. Sloan could expand the porch on either side, as along as he does not increase the existing setback of 34 feet. Because he wants to expand 2 feet toward the river, he must be granted a variance from the 50 foot shoreline setback. 2. The granting of this variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located. The reduction of the buffer zone has been determined to have no significant impact upon the water quality and shoreline protection needs of the St. Lucie River. The subject property has an existing bulkhead located along the river as well as a single- family home within 34 feet of the MHWL. No degradation of the shoreline and native vegetation is expected to occur if the setback is reduced from the current 50 feet to the proposed 32 feet. 3. The variance is the minimum that will make possible the reasonable use of the land. The requested variance is the minimum variance required in order to allow Mr. Sloan to construct an addition to his home. 4. The variance will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The proposed variance is not opposed to the general spirit and intent of the St. Lucie County Land Development Code or Comprehensive Plan. The variance, if granted, would allow the applicant to construct an office addition in an area on his property which would not negatively effect the shoreline and native vegetation of the St. Lucie River. Based upon these findings, staff recommends that you approve the above cited request for a variance from the provisions of Section 6.02.02(B)(2)(a), St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks. 0 April 4, 2000 Page 3 Staff recommends approval of Draft Resolution 00-015. Subject: William T. Sloan Shoreline Variance Request Please contact this office if you have any questions on this matter. SUBMITTED: Jtffl Shewchuk, AICP CWnmunity Development Director hf cc: William T. Sloan File 0 U 1 RESOLUTION NO. 00-015 2 3 4 A RESOLUTION GRANTING A VARIANCE FROM THE REQUIREMENTS 5 OF SECTION 6.02.02(B)(2)(A) OF THE ST. LUCIE COUNTY LAND 6 DEVELOPMENT CODE PERMITTING AN ADDITIONAL 21 FOOT 7 ENCROACHMENT INTO THE REQUIRED SHORELINE SETBACK AREA 8 OF THE NORTH FORK OF THE ST. LUCIE RIVER, FOR WILLIAM T. 9 SLOAN. 10 11 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made 13 the following determinations: 14 15 1. William T. Sloan has submitted a petition for variance from the requirement of 16 Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code permitting 17 an additional 21 foot encroachment into the required Shoreline Setback Area of the 18 North Fork of the St. Lucie River, for property located at 302 Holly Avenue, Port St. 19 Lucie (River Park S/D). 20 21 2. This petition for variance is to allow for the construction of an addition to an existing 22 single family home that will encroach an additional 21 feet into the minimum 50 foot 23 St. Lucie River Shoreline Setback for Existing Platted Lots of Record. The existing 24 home already encroaches 16 feet into the shoreline setback area and is recognized 25 as an existing non -conforming 26 27 3. On April 4, 2000, this Board held a public hearing on the petition of William T. Sloan, 28 for variance from the requirement of Section 6.02.02(B)(2)(a) of the St. Lucie 29 County Land Development Code permitting an additional 21 foot encroachment into 30 the required Shoreline Setback Area of the North Fork of the St. Lucie River, after 31 publishing a notice of such hearing and notifying by mail all owners or property 32 within 500 feet of the subject property. 33 34 4. After consideration of the testimony presented during the April 4, 2000 public 35 hearing, including staff comments and the standards of review for granting 36 variances set out in Section 10.01.30, St. Lucie County Land Development Code, 37 the Board of County Commissioners has made the following determinations: 38 39 a. The variance requested arises from a condition that the particular Underline is for addition strike Thro"* is for deletion Res. No.: 00-015 Print Date: 04/04/00 File Number SLR-00-002 Page 1 Final 1 physical surroundings, the shape, or topographical condition of the 2 specific parcel of land involved, would result in unnecessary hardship 3 for the owner or developer, as distinguished from a mere 4 inconvenience, if the provisions of this Section are literally enforced, 5 and the condition is created by the regulations of this Section, and not 6 by an action or actions of the owner, developer or applicant; 7 8 b. The granting of the variance will not impair or injure other property or 9 improvements in the neighborhood in which the subject parcel of land 10 is located; 11 12 C. The variance granted is the minimum variance that will make possible 13 the reasonable use of the land, building or structures; and 14 15 d. The variance desired is not be opposed to the general spirit and intent 16 of the St. Lucie County Land Development Code or the St. Lucie 17 County Comprehensive Plan. 18 19 e. The property on which the variance is requested is sea walled and 20 does not have any observable problem of soil erosion and siltation 21 erosion into the North Fork of the St. Lucie River. 22 23 24 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 25 Lucie County, Florida: 26 27 1. The petition of William T. Sloan for variance from the requirement of Section 28 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code permitting 29 an additional 21 foot encroachment into the required North Fork of the St. 30 Lucie River Shoreline Setback Area, for property located at 302 Holly 31 Avenue, Port St. Lucie (River Park S/D), is hereby granted, authorizing the 32 construction depicted in the attached Exhibit A, subject to meeting all other 33 applicable building codes and standards. 34 35 2. The property on which this variance shall apply is described as follows: 36 37 River Park Subdivision, Unit 2, Lot 28, Block 19 as Recorded 38 in Plat Book 10, Page 72 of the Public Records of St. Lucie 39 County, Florida (Parcel ID # 3419-510-0259-000/1) Underline is for addition strike Threttgh is for deletion Res. No.: 00-015 File Number SLR-00-002 Final Print Date: 04/04/00 Page 2 -. d 1 (Location: 302 Holly Avenue, Port St. Lucie) 2 3 C. This Resolution shall become effective upon the date of approval indicated 4 below. 5 6 D. This Resolution shall expire on April 4, 2001, unless a Building Permit forthe 7 proposed use has been obtained. 8 9 E. A copy of this Resolution shall be mailed, return receipt requested to the 10 Petitioner. 11 12 F. A copy of this Resolution shall be placed on file with the St. Lucie County 13 Community Development Director. 14 15 G. This Resolution shall be recorded in the Public Records of St. Lucie County. 16 17 18 After motion and second, the vote on this resolution was as follows: 19 20 Chairman John Bruhn XXX 21 22 Vice -Chairman Frannie Hutchinson XXX 23 24 Commissioner Cliff Barnes XXX 25 26 Commissioner Doug Coward XXX 27 28 Commissioner Paula A. Lewis XXX 29 30 31 PASSED AND DULY ADOPTED this 4th day of April, 2000. 32 33 34 BOARD OF COUNTY COMMISSIONERS 35 ATTEST: ST. LUCIE COUNTY, FLORIDA 36 37 38 39 BY: 40 DEPUTY CLERK CHAIRMAN Underline is for addition Strike Through is for deletion Res. No.: 00-015 File Number SLR-00-002 Final Print Date: 04/04/00 Page 3 `\ram *MW APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 00-015(a79) DJM Underline is for addition Strike Through is for deletion Res. No.: 00-015 File Number SLR-00-002 Final Print Date: 04/04/00 Page 4 * BOAT CHANNhqK 0 O 0 0 c7 o a aj 0 0 Cl N 40-00-00" W (P&M) 75.00' (P&M ) i c / wmtn. a I I cn � Z — t- SURVEY WITNESS LINE I �, N\CR O 01 0 W ' P foTcp5sv NVD,T t0 I p -'}r O \ I 0 o SINyffz,- R .. 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T r-� • •, ' 7f f�a• �- '�. r r � j � , I y ,w r R � • � . jai- OL �1 r !" 5.rq �. '.. �—.ate-. _ � �_� �� •. F-�Y � ��� A.. _i kl!i lo RPM-..:;..�Mr����iirti t..ak � 1-L +• .' ��.. ' ` . _.. s - r t l r To{Saint Lucie County From: Gerry Tatoya 561 340-1861 04/04/00 Sent by the Award Winning Cheyenne Bitware fib/ *M10" Page 1 of 1 ST. LUCIE COUNTY Please Return To: St. Lucie County Conununity Development Department Planning Division 2300 Virginia Avenue, Roam 203 Ft, Pierce, Ft_ 34982 Fax # 561/462-1581 REQUESTF:I) VARIANCE: William T. Sloan, has petitioned St. Lucie County for a Variance from Section 6.02.02, of the St Lucie County Land Development Code to allow for an addition U..........:►im. in foot of tho mean high water line of the St. Lucie River for the It1:(;Altl)IN(i 1'1tOPl RTY I.O('AI'FI) A'l': 302 Holly Aventte, Port St. Lucie It you wish to comment. please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ........................................ I AM NOT IN EA VOIt OF THE REQUESTED VARIANCE ....................... r:...... _ I HAVE. NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that. as of the date shown below, I am a property owner within 500 feet of the requested variance. N:jmc (Please Print): ?6111/rrt4 gfjf-4/46041�- Addre,,;N 0 e%l-lI/ e XU. _ - /do��' Uatc: Signed mot/ Please note that forms returned without a name and address will not be cons, dcred. Also note that all returned forms area matter of public record and available for viewing upon request. f Filc No.: SLR-110-002, Williami T. Sloan. M M ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 _ Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: William T. Sloan, has petitioned St. Lucie County for a Variance frnm Certinn 6112.02_ of the St_ Lucie Countv Land Development Code to allow for an addition following described property: REGARDING PROPERTY LOCATED AT: 302 Holly Avenue, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ........................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print):_ Address: Date: ;1il.� xj,' sr. 11 � Signed: 1� l� ner `�atikc Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR-00-002, William T. Sloan. 1..0, ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia .Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: William T. Sloan, has petitioned St. Lucie County for a Variance from Section 6.02.02, of the St. Lucie County Land Development Code to allow for an addition to a single-family home within 50 feet of the mean high water line of the St. Lucie River for the following described property: REGARDING PROPERTY LOCATED AT: 302 Holly Avenue, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ........................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): N�, �o(o �ric��i !e r Address: Date: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR-00-002, William T. Sloan. *%W ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: William T. Sloan, has petitioned St. Lucie County for a Variance following described property: REGARDING PROPERTY LOCATED AT: 302 Holly Avenue, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ........................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ..........................,.... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below, I am a property owner ithint500 feet of the requested variance. Name (Please Prim): s--a- V ,+ 7 a _J , /may- /,r e Address: _3 -? 3 14 c T,' v Date: c�<, Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR-00-002, William T. Sloan. ST. LUCIE COUNTY Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: William T. Sloan, has petitioned St. Lucie County for a Variance from Section 6.02.02, of the St. Lucie County Land Development Code to allow for an addition to a single-family home within 50 feet of the mean high water line of the St. Lucie River for the following described property: REGARDING PROPERTY LOCATED AT: 302 Holly Avenue, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ............. ...................... I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ...................... I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): 'C—'1gL L'- t S Address: .2 a v /t/, f, 5 L U'L Date: Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR-00-002, William T. Sloan. on En ST. LUCIE COUNTY • Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: William T. Sloan, has petitioned St. Lucie County for a Variance from Section 6.02.02, of the St. Lucie County Land Development Code to allow for an addition to a single-family home within 50 feet of the mean high water line of the St. Lucie River for the following described property: REGARDING PROPERTY LOCATED AT: 302 Holly Avenue, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE `— I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................ I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Narne jiiease Print): Address:�� Date: Oz`� Signed: Please note that forms returned without a name and a �rs will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR-00-002, William T. Sloan. M M ST. LUCIE COUNTY Please Return To: ..:.......... St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: William T. Sloan, has petitioned St. Lucie County for a Variance from Section 6.02.02, of the St. Lucie County Land Development Code to allow for an addition following described property: REGARDING PROPERTY LOCATED AT: 302 Holly Avenue, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE.................!o................. I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................. I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): L e, P C^D 6-S 711 SOILL Address: (C` Date:ti Signed:� �� C Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR-00-002, William T. Sloan. rn ST. LUCIE COUNTY �G\E CpG co 'c�OR10P ;4r Please Return To: St. Lucie County Community Development Department Planning Division 2300 Virginia Avenue, Room 203 Ft. Pierce, FL 34982 Fax # 561/462-1581 REQUESTED VARIANCE: William T. Sloan, has petitioned St. Lucie County for a Variance from Section 6.02.02, of the St. Lucie County Land Development Code to allow for an addition to a single-family home within 50 feet of the mean With water line of the St. Lucie River for the following described property: REGARDING PROPERTY LOCATED AT: 302 Holly Avenue, Port St. Lucie If you wish to comment, please check only one of the three following statements and return no later than 3-31-00. I AM IN FAVOR OF THE REQUESTED VARIANCE ...... l�..................... I AM NOT IN FAVOR OF THE REQUESTED VARIANCE ............................... I HAVE NO OPINION TO THE REQUESTED VARIANCE ............................ I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance Name (Please Dri^t;: �.}G n y �s� / y /C)6 Address: Date: �� " % ' i Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: SLR-00-002, William T. Sloan. M AGENDA REQUEST DATE: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney *r4 ITEM NO. co April 4, 2000 REGULAR X PUBLIC HEARING' CONSENT [] PRESENTED BY: Robert O. Freeman Bond Counsel SUBJECT: Public Improvement Revenue Bonds (800 MHz Radio System) - Resolution No. 00-81. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board adopt Resolution No. 00-81 as drafted. COMMISSION ACTION: [x ] APPROVED [ ] DENIED [ ] OTHER: Anderson Administrator Review and Approvals County Attorney: V �` Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 1i 4 `fir' M MEMORANDUM To: Chairman and Members Board of County Commissioners St. Lucie County, Florida Copy: Douglas M. Anderson, County Administrator Daniel S. McIntyre, County Attorney Loomis C. Leedy, III, William R. Hough & Co. From: Robert O. Freeman Date: March 29, 2000 Re: Bonds for 800 MHz Radio System Background. The attached resolution authorizes the issuance of approximately $8.8 million of revenue bonds to provide permanent financing for the County's 800 MHz Radio System. The County had previously borrowed $7.3 million from SunTrust Bank to provide temporary financing of the Radio System; this bond issue will pay off that loan and provide for payment of the remaining costs of the Radio System. Securityfor the Bonds. The security for repayment of the bonds is (1) the Radio System Fines distributed to the County from county court traffic fines; (2) payments by the Cities of Fort Pierce and Port St. Lucie, the School Board, the Fire District, and the County Sheriff pursuant to Interlocal Agreements with the County (together with amendments fixing the final amortization schedule for the payments); investment earnings on the moneys on deposit in the funds and accounts established by the bond resolution; and (4) Non -Ad Valorem Revenues annually budgeted and appropriated by the Board to supplement the aggregate of the foregoing amounts to the extent necessary to pay the debt service on the bonds (estimated at approximately $91,000/annually for FY2001-2010, and $17,000 annually for FY 2011-2023). Bonds are not General Obligations. The bonds are not general obligations of the County, and the Board cannot be required to levy ad valorem taxes to pay the principal of and interest on the bonds. Approvals Granted by the Resolution. The resolution approves: (1) a form of bond purchase agreement, which we have reviewed, for sale of the bonds to the initial purchasers (SunTrust Equitable Securities, Inc., and Raymond James & Associates, Inc.) and delegates to the County Administrator the authority to execute the purchase contract on behalf of the County subject to 5001v1/28902-00068/M-BOARD AUTH RES -1- 0 specified parameters set forth in Section 4.04 of the bond resolution in order to facilitate sale of the bonds without the need for a special meeting of the Board; (2) the purchase of the MBIA municipal bond insurance policy and the MBIA debt service reserve fund surety bond; (3) the execution of a reserve fund policy agreement pursuant to which the County agrees to reimburse MBIA for any amounts advanced under the surety bond, together with interest; and (4) the execution of the necessary certificates for issuance and delivery of the bonds. Timetable. Pricing of the bonds is expected to occur sometime the week of April 3 and closing is scheduled for April 20. I or a representative of our firm will be present at the meeting of the Board on April 4 to answer any questions that the Board may have about the resolution, the bonds, or the financing. 5001v1/28902-00068/M-BOARD AUTH RES -2- A'_ so- M RESOLUTION NO. 00-81 ADOPTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF PUBLIC IMPROVEMENT REVENUE BONDS SECURED BY NON -AD VALOREM REVENUES ANNUALLY BUDGETED AND APPROPRIATED AND DEPOSITED INTO THE DEBT SERVICE FUND FOR THE BONDS AND ADDITIONAL REVENUES; COVENANTING TO BUDGET AND APPROPRIATE ANNUALLY FROM NON -AD VALOREM REVENUES AMOUNTS NECESSARY, TOGETHER WITH OTHER MONEYS, TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE BONDS; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF THE BONDS; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $9,000,000 PUBLIC IMPROVEMENT REVENUE BONDS, SERIES 2000A (800 MHz EMERGENCY RADIO SYSTEM), TO PAY AT MATURITY THE COUNTY'S OUTSTANDING PUBLIC IMPROVEMENT REVENUE NOTE, SERIES 1998 AND TO PAY ADDITIONAL PROJECT COSTS; APPROVING COMMITMENTS FOR A CREDIT FACILITY AND A RESERVE ACCOUNT CREDIT FACILITY FOR THE SERIES 2000A BONDS; DELEGATING TO THE COUNTY ADMINISTRATOR THE AUTHORITY TO EXECUTE A CONTINUING DISCLOSURE CERTIFICATE AND A PURCHASE CONTRACT FOR THE SERIES 2000A BONDS; DELEGATING TO THE CHAIRMAN, THE CLERK, AND THE PROPER OFFICERS OF THE COUNTY THE AUTHORITY TO EXECUTE THE SERIES 2000A BONDS AND ALL OTHER INSTRUMENTS, AND TAKE ALL ACTIONS, NECESSARY FOR THE ISSUANCE AND DELIVERY OF THE SERIES 2000A BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I. STATUTORY AUTHORITY, DEFINITIONS, AND FINDINGS Section 1.01. Authority For This Resolution. This resolution is adopted pursuant to the provisions of Chapter 125, Florida Statutes, County Ordinance No. 87-77, as amended, and other applicable provisions of law (collectively, the "Act"). 1 4454v4/28902--00068/R-AUTH NON AD BONDS 03/29/00/5:34 PM ♦ j Section 1.02. Definitions. Capitalized terms used in this resolution shall have the following meanings, unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, and words of one gender shall be deemed to include the other genders. In this resolution: "Accounting Principles" means generally accepted accounting principles applicable to governmental entities. "Accreted Value" means, with respect to Capital Appreciation Bonds of any Series as of any date, the amounts representing principal and accrued interest as of such date, which shall be determined by reference to the Table of Accreted Values. "Additional Bonds" means any obligations (1) issued subsequent to the issuance of the Series 2000A Bonds in compliance with the provisions of Section 5.01(F) hereof, and (2) entitled to the benefit of the Covenant on a parity with the Series 2000A Bonds. "Amortization Installment" means, with respect to each maturity of Term Bonds of any Series, the principal amounts (or Compounded Amounts) to be retired in consecutive years by mandatory redemption from the applicable Bond Amortization Account within the Debt Service Fund or, in the year in which the Term Bonds are stated to mature, through payment at maturity, provided that (i) each Amortization Installment shall be deemed to be due on the Principal Maturity Date of each applicable year as set forth in accordance with a Details Resolution, and (ii) the aggregate of the Amortization Installments for each maturity must equal the aggregate principal amount (or, if applicable, the Maturity Amounts) of Term Bonds of such maturity delivered on original issuance. "Authorized Investments" shall mean any obligations, deposit certificates, or other evidences of indebtedness legal for investment pursuant to applicable law, to the extent not prohibited by the terms of any Credit Facility or of the Investment Policy of the County. "Authorized Officer" means the County Administrator or his designee, or such other officer of the County as may be designated from time to time by the Board. "Board" means the Board of County Commissioners, as the governing body of the County. "Bond Counsel" means Squire, Sanders & Dempsey L.L.P. or such other firm of attorneys which is nationally recognized as being experienced in matters relating to the validity of, and the state and federal income tax treatment of interest on, obligations of states and their political subdivisions and whose opinions are generally accepted by purchasers of municipal bonds, as selected by the County. "Bond Registrar and Paying Agent Agreement" means the agreement between the County and the Paying Agent pursuant to which the Paying Agent agrees to receive deposits from the County and to pay amounts to the Registered Owners representing the Debt Service and/or the Redemption Price to the Registered Owners. 2 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM I-- J %W1 %.O� "Bond Year" means each twelve-month period beginning the day after a Principal Maturity Date, or any other annual period designated by the County. "Bonds" means the Series 2000A Bonds and any Additional Bonds. "Book -Entry Form" or "Book -Entry System" means a form or system, as applicable, under which (i) Bonds are issued to a Depository or to its nominee, as Registered Owner, (ii) Bonds are held by and "immobilized" in the custody of such Depository, and (iii) records are maintained by the Depository and/or other persons to identify and record the transfer of beneficial interests in the Bonds. "Business Day" means any day on which (i) banks in the jurisdiction of the County or in any of the cities in which the designated office of the Paying Agent or the principal office of any Credit Facility Issuer are located, are not required or authorized by law to remain closed, and (ii) the Paying Agent and any Credit Facility Issuer and the New York Stock Exchange, Inc. are open for business. "Capital Appreciation Bonds" means Bonds, the interest on which shall be (i) compounded on a periodic basis, (ii) payable only at maturity or upon prior redemption, and (iii) determined by reference to the Table of Accreted Values. "Cede" means Cede & Co., as nominee for DTC. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice - Chairman of the Board. "Clerk" means the Clerk of the Circuit Court of the County, as ex officio Clerk to the Board, or, in the Clerk's absence, any Deputy Clerk authorized to execute documents or take other action, as the case may be, on the Clerk's behalf. "Code" means the Internal Revenue Code of 1986, as amended, together with the valid and applicable regulations and proposed and temporary regulations thereunder, and, if applicable, under the Internal Revenue Code of 1954, as amended, and any successor provisions thereto, as the same may be in effect or amended from time to time. "Contingent Obligations" means bonds, notes, or other evidences of indebtedness secured by a covenant of the County to budget and appropriate from Non -Ad Valorem Revenues sufficient amounts to cure any deficiency in moneys available from some other, primary source of moneys pledged to secure payment of the annual Debt Service on such obligations. "Continuing Disclosure Certificate" means a certificate executed by the Authorized Officer at or prior to the time the County delivers a Series to the Initial Purchaser pursuant to which the County undertakes to assist the Initial Purchaser in complying with the continuing disclosure requirements of the Continuing Disclosure Rule. 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/0015:22 PM ). 1 "Continuing Disclosure Rule" means Rule 15c2-12 of the United States Securities and Exchange Commission, as amended from time to time. "County" means St. Lucie County, Florida. "Covenant" means the covenant contained in Section 5.01(A) hereof. "Credit Facility" means a policy of municipal bond insurance or other insurance or financial product which guarantees timely payment of all or any portion of the Debt Service on all or any portion of a Series. "Credit Facility Issuer" means an insurance company, bank, or other Person which has provided a Credit Facility or Reserve Account Credit Facility in connection with the issuance of a Series. "Current Interest Paying Bonds" means Bonds, the interest on which shall be payable on a semiannual or other periodic basis. "Date of Issuance" means the date on which any Series is issued and delivered to the Initial Purchaser in exchange for payment therefor. "Debt Service" means, for any period or at any time, the principal of and interest due on the Bonds, Subordinate Debt, Direct Obligations, or other obligations, as the case may be, for that period or at that time, whether at maturity or redemption or otherwise. "Debt Service Fund" means the fund created pursuant to Section 3.03(A) hereof. "Debt Service Requirement" means, for any Bond Year, as applied to all Bonds, to any Series, or to any specified Bonds of a Series, as the case may be, the sum of: (1) the amount required to pay the interest becoming due on the Current Interest Paying Bonds during such Bond Year; (2) the aggregate amount required to pay the principal becoming due on Current Interest Paying Bonds for such Bond Year (provided that, for purposes of this definition, the stated maturity date of any Current Interest Paying Term Bonds shall be disregarded and the Amortization Installments applicable to such Current Interest Paying Term Bonds in such Bond Year shall be deemed to mature in such Bond Year); and (3) the aggregate amount required to pay the Compounded Amounts due on any Capital Appreciation Bonds maturing in such Bond Year (provided that, for purposes of this definition, the stated maturity date of any Compounding Interest Term Bonds shall be disregarded and the Amortization Installments applicable to such Compounding Interest Term Bonds in such Bond Year shall be deemed to mature in such Bond Year). 0 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM (A) In calculating the Debt Service Requirement for any period for any Series, the County may deduct from the amounts calculated in Subparagraphs (1) through (3) above: (a) any capitalized interest deposited into the Debt Service Fund for such period from the proceeds of the sale of such Series or otherwise (provided that, while any Bonds of the Series are supported by a Credit Facility, such capitalized interest must be held by the Paying Agent and invested in Federal Securities); and (b) any Investment Earnings (i) received on moneys on deposit in or transferred to the Debt Service Fund and accounts established therein with respect to such Series and (ii) required by the terms of this Original Bond Resolution to be retained in the Debt Service Fund. (B) the interest due in any ensuing Bond Year on Variable Rate Bonds shall be assumed to be one hundred ten percent (110%) of the greater of (a) the daily average interest rate on such Variable Rate Bonds during the twelve (12) months ending with the month preceding the date of calculation, or such shorter period that such Variable Rate Bonds shall have been outstanding, (b) the rate of interest on such Variable Rate Bonds on the date of such calculation, or (c) the amount determined by such other method of calculation as may be required by the terms of any Credit Facility. "Defeasance Obligations" means: either (1) (a) Federal Securities; and (b) obligations described in Section 103(a) of the Code, provision for the payment of the principal of, premium, if any, and interest on which shall have been made by the irrevocable deposit with a bank or trust company (which is a member of the FDIC and which has a combined capital, surplus and undivided profits of not less than $50,000,000) acting as a trustee or escrow agent for holders of such obligations, of securities described in clause (a) above, the maturing principal of and interest on which, when due and payable, will provide sufficient moneys, without reinvestment, to pay when due the principal of, premium, if any, and interest on such obligations, and which securities described in clause (a) above are not available to satisfy any other claim, including any claim of the trustee or escrow agent or of any person claiming through the trustee or escrow agent or to whom the trustee or escrow agent may be obligated, including in the event of the insolvency of the trustee or escrow agent or proceedings arising out of such insolvency and which are rated "AAA" by Moody's and "Aaa" by S&P; or (2) obligations specified by the Credit Facility Issuer for a particular Series. "Department" means an administrative unit of the County. "Depository" means any securities depository that is operating and maintaining, with its participants or otherwise, a Book -Entry System to record ownership of beneficial interests in Bonds or debt service on Bonds and to effect transfers of Bonds in Book -Entry Form, including, but not limited to, DTC. "Details Resolution" means a resolution of the Board adopted at or prior to the time of issuance of a Series which fixes the fiscal details (including, but not limited to, the dated dates, Maturity Dates, Interest Payment Dates, Maturity Amounts, Amortization Installments, Redemption Dates, and Redemption Prices) or provides for a manner in which such details will be determined. A Series Resolution may also be a Details Resolution. With respect to the Series 2000A Bonds, this Original Bond Resolution shall be the Details Resolution. 5 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM l` I "Direct Obligations" means bonds, notes, or other evidences of indebtedness secured primarily by a lien upon and pledge of all or some specified portion of the Non -Ad Valorem Revenues or by a covenant to budget and appropriate from Non -Ad Valorem Revenues. "DTC" means The Depository Trust Company, New York, New York, a securities depository. "Event of Default" means the events described in Section 5.02 hereof. "Federal Securities" means (a) direct noncallable obligations of the United States of America, (b) obligations on which the payment when due of principal and interest is fully and unconditionally guaranteed by the United States of America, or (c) as to any particular Bonds with respect to which a Credit Facility is in effect, such obligations as shall be permitted by the Credit Facility Issuer. "Financial Advisor" means William R. Hough & Co. or such other financial advisory firm having a favorable reputation in the field of providing advice on debt -related matters to local governments as shall be selected by the County from time to time. "Fiscal Year" means the period commencing on October 1 of each year and ending on the succeeding September 30, or such other period as may be prescribed from time to time as the fiscal year for the County. "Fitch" means Fitch Investors Service, New York, New York, or any successor thereto. "Full Reserve Account Credit Facility Coverage" means the maximum amount available under a Reserve Account Credit Facility without reduction for any draws thereon. "Funds and Accounts" means the Debt Service Fund and the Project Fund and includes any accounts or subaccounts therein. "Independent Certified Public Accountants" means a firm of certified public accountants, not in the regular employ of the County retained by the County for the purpose of auditing the books and records relating to the Series Pledged Revenues and performing such other functions as are specified in this Original Bond Resolution. "Independent Consultant" means a Person, not in the regular employ of the County, retained by the County to provide architectural, engineering, design, construction, financial, legal, or technical advice with respect to a Project. "Initial Purchaser" means the Person or Persons to whom any Series is sold and delivered on original issuance. "Interest Payment Date" means the semiannual or other periodic dates on which interest is payable on the Current Interest Paying Bonds, as set forth in accordance with a Details Resolution. 6 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/522 PM r_ i "Investment Earnings" means the interest, dividends, and capital gains received from the investment, purchase, and sale of Authorized Investments held in the Funds and Accounts. "Investment Policy" means the formal policy of the Board governing the investment of County moneys, as in effect and as may be amended from time to time. In the absence of a formal investment policy of the County, Investment Policy shall mean Section 125.31, Florida Statutes, as amended from time to time. "Letter of Representations" means the letter agreement among the County, the Paying Agent, and DTC with respect to any Bonds issued in book -entry only form. "Maturity Amounts" means, with respect to any Capital Appreciation Bonds, the amounts representing principal and interest on such Capital Appreciation Bonds at maturity as set forth in accordance with a Details Resolution. "Maximum Debt Service Requirement" means, as of any particular date of calculation, with respect to a particular Series, or all Bonds, as the case may be, the Debt Service Requirement for the then current or any future Bond Year which is greatest in dollar amount. "Moody's" means Moody's Investors Service, Inc., New York, New York, or any successor thereto. "Non -Ad Valorem Revenues" means all of the revenues of the County derived from sources other than ad valorem taxation and legally available to pay principal of, premium, if any, and interest on the Bonds, subject to any liens or encumbrances on all or any specified portion thereof to pay Direct Obligations, whether now existing or hereafter created. "Official Statement" means the offering document prepared by the County and delivered to the Initial Purchaser of any Series, and shall be deemed to include any preliminary Official Statement and any supplements to the offering document. "Original Bond Resolution" means this resolution together with any amendments hereto. "Outstanding" as applied to any Series or to all Bonds, as the case may be, as of any applicable time, means all Bonds which have been authenticated and delivered, or which are being delivered, under this Original Bond Resolution except: (a) Bonds cancelled upon surrender, exchange or transfer, or cancelled after purchase in the open market or because of payment at or redemption prior to maturity; (b) Bonds, or portions thereof, which are considered no longer Outstanding pursuant to Section 6.04 hereof, (c) Bonds, or portions thereof, which are deemed paid upon the redemption or maturity thereof for which moneys sufficient to pay the Maturity Amount or Redemption 7 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/522 PM t Price have been deposited into the appropriate accounts of the Debt Service Fund by the County or in lieu of which other Bonds have been issued under Section 2.05 or 2.06 hereof. For purposes of voting, giving directions and granting consents, Bonds held by the County or by an agent of the County shall not be deemed Outstanding. "Paying Agent" means the Person serving as Registrar and, where the context so requires, shall include any co -paying agent appointed pursuant to a Details Resolution. While any Credit Facility is in effect with respect to any Series, the Paying Agent for such Series must be a Qualified Bank or Trust Company. "Person" or words importing persons means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities and natural persons. "Principal Maturity Date" means, with respect to any Series, the annual or other periodic date on which (i) principal matures on Current Interest Paying Bonds and (ii) Maturity Amounts are payable on Capital Appreciation Bonds, as set forth in accordance with a Details Resolution and in each case including applicable dates on which Amortization Installments are required to be applied to retire Term Bonds. "Prohibited Payment" means a payment, or an agreement to pay, to a Person other than the United States of America, an amount that is otherwise required to be paid to the United States of America through a transaction or series of transactions that reduces the amount earned on an investment or deposit or that results in a smaller profit or a larger loss on such investment or deposit than would have resulted in an arm's length transaction in which yield on Bonds was not relevant to either party to such investment or deposit. "Project" means the acquisition and construction of capital improvements within the County and all purposes incidental thereto, substantially in accordance with reports, plans, and specifications of a Department or of an Independent Consultant filed with the County, and, with respect to any particular Series, may have the meaning specified in the Series Resolution. "Project Costs" means the cost of the acquisition and construction of capital improvements in the County and may include, but need not be limited to: the acquisition of any lands or interests therein or any other properties deemed necessary or convenient therefor; architectural, engineering, accounting, and legal fees and expenses; expenses for plans, specifications and surveys; expenses for estimates of costs and of revenues; the fees and expenses of fiscal agents, financial advisors and consultants; administrative expenses; the capitalization of interest on Bonds for a reasonable period of time after the date of issuance and delivery thereof-, the establishment of reasonable reserves for the payment of debt service on Bonds; discount upon the sale of Bonds; the expenses and costs of issuance of Bonds; the cost of purchasing any Credit Facility or Reserve Account Credit Facility with respect to Bonds; such other expenses as may be necessary or incidental to financing pursuant to this Original Bond Resolution, to any Project, and to the placing of the same in operation; and reimbursement to the County for any sums expended for the foregoing purposes to the extent 8 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM permitted under the Code. In connection with any particular Series, Project Costs means those of the foregoing costs which are to be paid or financed by proceeds of such Series. "Project Fund" means the fund created pursuant to Section 3.03(A) hereof. "Purchase Contract" means the agreement between the County and the Initial Purchaser setting forth the terms and conditions upon which the County will sell, issue, and deliver, and the Initial Purchaser will purchase, a Series. "Qualified Bank or Trust Company" means a bank or trust company which is a member of the Federal Deposit Insurance Corporation, or any successor thereto, and which has combined capital, surplus and undivided profits of at least $50,000,000. "Radio System Fines" means the portion of the civil penalties received by the County Court of St. Lucie County each month and required, pursuant to the provisions of Section 318.21(10), Florida Statutes (1999), to be used to fund the County's participation in the intergovernmental radio system program in the County. "Rating Agency" means Moody's Investors Service ("Moody's"), Standard and Poor's Ratings Service ("S&P"), or Fitch IBCA, Inc. ("Fitch"), or any thereof, and their successors, if any is then maintaining a rating on any Series of Bonds. "Rating Category" means the established rating categories of the applicable Rating Agency (such as "AAA" with regard to Fitch, "Aa", "Baa" and "P-1" with regard to Moody's, and "AA", "BBB" and "A-1" with respect to S&P) without regard to modifiers such as pluses and minuses. "Rebate Amount" means the amount required to be paid to the Internal Revenue service on each Rebate Payment Date in order to satisfy the requirements of Section 148(f) of the Code. "Rebate Payment Date" means the latest date on which the County is permitted to make timely payment of a Rebate Amount to the Internal Revenue Service. "Record Date" means, for any Series, the fifteenth day of the month prior to an Interest Payment Date for such Series, or such other date as may be specified in accordance with a Details Resolution. "Redemption Date" means, for any Series, the date specified in accordance with a Details Resolution, on which any Bonds are to be redeemed prior to the maturity thereof, whether mandatorily, at the option of the County, or by operation of the applicable Bond Amortization Account in the Debt Service Fund. "Redemption Price" means the sum, expressed as a percentage of the principal amount of Bonds to be redeemed, to be paid to the Registered Owners of any Bonds upon the Redemption Date. 9 4454v4/28902--00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM "Refunded Debt" means any outstanding debt or obligation of the County to be refunded or paid with a portion of the proceeds of a Series and may include interest on such debt or obligation. "Refunding" means the providing for payment of Refunded Debt by (i) the payment to the Registered Owner thereof of proceeds of Bonds and other moneys necessary to pay in full the principal and interest on the Refunded Debt or (ii) deposit into an irrevocable escrow of the amount necessary to defease the Refunded Debt in accordance with its terms. "Refunding Costs" means but shall not necessarily be limited to: the cost of payment or of making provisions for payment of the principal of, premium, if specified, and interest on Refunded Debt; expenses for estimates of costs and of revenues; the fees of fiscal agents, escrow agents, verification agents, financial advisors and consultants; administrative expenses; the establishment of reasonable reserves for the payment of debt service on Bonds; discount upon the sale of Bonds; the expenses and costs of issuance of Bonds; the cost of purchasing any Credit Facility or Reserve Account Credit Facility with respect to Bonds; and such other expenses as may be necessary or incidental to the Refunding. "Register" means the books in which are maintained the list of Registered Owners and in which are recorded any transfers of ownership of Bonds. "Registrar" means the keeper of the Register for the applicable Series, as designated by the County. "Registered Owner" or "Owner" means any Person who shall be the owner of any Outstanding Bond or Bonds as shown on the Register. "Reserve Account Credit Facility Agreement" means any agreement between the County and a Credit Facility Issuer with respect to which the County agrees to repay to the Credit Facility Issuer all Reserve Account Credit Facility Costs. "Reserve Account Credit Facility" means a policy of insurance, surety bond or other insurance or financial product which provides for payment of amounts equal to all or a portion of the Reserve Account Requirement in the event of an insufficiency of moneys in the Debt Service Fund to pay principal of and interest on any Series or installment of Bonds. A Reserve Account Credit Facility must be issued by a Credit Facility Issuer that is an insurance company rated in the highest category by both Moody's and S&P and, if rated by A.M. Best & Company, must also be rated in their highest category. "Reserve Account Credit Facility Costs" means the amounts the County is required to pay to the Reserve Account Credit Facility Issuer as a result of a draw on the Reserve Account Credit Facility or otherwise pursuant to a Reserve Account Credit Facility Agreement. "Reserve Account Credit Facility Coverage" means the amount then available to be paid to the Paying Agent under the terms of a Reserve Account Credit Facility at any particular time. 10 4454v4/28902-00068/R•AUTH NON AD BONDS 03/29/00/5:22 PM r. "Reserve Account Requirement" with respect to any Series, or all Bonds, as the case may be, the lesser of (i) the Maximum Debt Service Requirement, and (ii) the amount permitted under the Code as a reasonably required reserve or replacement fund. "Reserve Account Value" means the aggregate of the Reserve Account Credit Facility Coverage and the value of moneys and Authorized Investments credited to the Reserve Account or to a subaccount for any particular Series, as the case may be. "S&P" means Standard & Poor's Corporation, New York, New York, or any successor thereto. "Serial Bonds" means any Current Interest Paying or Capital Appreciation Bonds for the payment of the principal of which, at the maturity thereof, no Amortization Installments are established. "Series" means Bonds identified as such by a common suffix, e.g., "Series 2000A Bonds". "Series Additional Revenues" means any specified source of revenues or payments received by or due to the County that are pledged to secure the payment of all Bonds or of any Series or portion thereof pursuant to a Series Resolution. "Series Pledged Revenues" means (1) the Non -Ad Valorem Revenues annually budgeted and appropriated by the Board and deposited into the Series Subaccounts in the Debt Service Fund for the payment of the principal, premium, if any, and interest on the Series, (2) the moneys and Authorized Investments on deposit in the Series Subaccounts, (3) the Series Investment Earnings, and (4) the Series Additional Revenues as more particularly defined and described in a Series Resolution. "Series Resolution" means the resolution of the Board authorizing a Series. With respect to the Series 2000A Bonds, this Original Bond Resolution shall be the Series Resolution. "Series Subaccounts" means the subaccounts created in the Funds and Accounts established by Section 3.03(A) hereof for the benefit of a Series. "Series 2000A Additional Revenues" means (i) the Radio System Fines and (ii) the payments received by the County from the Series 2000A Public Agencies pursuant to the Series 2000A Interlocal Agreements. "Series 2000A Bonds" means the Public Improvement Revenue Bonds, Series 2000A (800 MHz Radio System), originally issued pursuant to this Original Bond Resolution. "Series 2000A Bond Registrar and Paying Agent Agreement means the Bond Registrar and Paying Agent Agreement between the County and the Series 2000A Paying Agent in such form as shall be approved by the Chairman and Clerk upon the advice of the County Attorney, Bond Counsel, and the Financial Advisor, such approval to be presumed by the execution thereof. 11 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM "Series 2000A Commitment" means, collectively, (i) the Revised Commitment to Issue a Financial Guaranty Insurance Policy issued by MBIA Insurance Corporation, dated March 16, 2000, and the attachments thereto, and (ii) the Commitment to Issue a Debt Service Reserve Fund Surety Bond issued by MBIA Insurance Corporation, dated March 13, 2000, and the attachments thereto. "Series 2000A Contingent Obligations" means the Outstanding Special Assessment Bonds, Series 1996 (Becker Road MSBU), and Holiday Pines Water and Wastewater System Revenue Bonds, Series 1999. "Series 2000A Credit Facility" means the Financial Guaranty Insurance Policy to be issued by MBIA Insurance Corporation pursuant to the 2000A Commitment. "Series 2000A Credit Facility Issuer" means MBIA Insurance Corporation, a stock insurance company incorporated under the laws of the State of New York. "Series 2000A Direct Obligations" means the Outstanding Sales Tax Refunding Revenue Bonds, Series 1994; Stormwater Equipment Revenue Note, Series 1998A; Beach Renourishment Project Note, Series 1998A; and Improvement Revenue Note, Series 1999 (Computer Equipment). "Series 2000A Initial Purchasers" means SunTrust Equitable Securities, Orlando, Florida, and Raymond James & Associates, Inc., Boca Raton, Florida. "Series 2000A Interlocal Agreements" means agreements between the County and the Series 2000A Public Agencies requiring the Series 2000A Public Agencies to pay to the County the Additional Revenues, more particularly identified on Exhibit C hereto. "Series 2000A Investment Earnings" means the Investment Earnings on the Authorized Investments on deposit in the Series 2000A Subaccounts. "Series 2000A Pledged Revenues" means the (1) the Series 2000A Additional Revenues, (2) the moneys and Authorized Investments on deposit in the Series 2000A Subaccounts, (3) the Series 2000A Investment Earnings, and (4) Non -Ad Valorem Revenues annually budgeted and appropriated by the Board and deposited into the Series 2000A Subaccounts. "Series 2000A Project" means the acquisition, construction and installation of an 800 MHz Emergency Radio System for the County and the Series 2000A Public Agencies, and all purposes incidental thereto, substantially in accordance with the report, plans, and specifications therefor heretofore filed or to be filed with the County and as further described on Exhibit B hereto. "Series 2000A Project Costs" means, but shall not necessarily be limited to: the cost of the acquisition and construction of the Series 2000A Project; the acquisition of any lands or interests therein or any other properties deemed necessary or convenient therefor; engineering, accounting, and legal fees and expenses; expenses for plans, specifications and surveys; expenses for estimates of costs and of revenues; the fees of fiscal agents, financial advisors and consultants; administrative expenses; the cost of establishing reasonable reserves for the payment of Debt Service on the Series 12 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM 2000A Bonds; discount upon the sale of the Series 2000A Bonds; the expenses and costs of issuance of the Series 2000A Bonds; the cost of purchasing any Credit Facility with respect to the Series 2000A Bonds; such other expenses as may be necessary or incidental to the financing authorized by this Original Bond Resolution, to the Series 2000A Project, and to the placing of the same in operation; and reimbursement to the County for any sums expended for the foregoing purposes to the extent permitted under the Code. "Series 2000A Public Agencies" means the City of Port St. Lucie, the City of Fort Pierce, the St. Lucie County School Board, the St. Lucie County Fire District, and the St. Lucie County Sheriff s Department. "Series 2000A Purchase Contract" means the Purchase Contract between the County and the Series 2000A Initial Purchasers in such form as shall be approved by the Authorized Officer upon the advice of the County Attorney, Bond Counsel, and the Financial Advisor, such approval to be presumed by the execution thereof. "Series 2000A Refunded Debt" mean the County's outstanding Public Improvement Revenue Note, Series 1998 (800 MHz Emergency Radio System), dated October 22, 1998, originally issued in the aggregate principal amount of $7,300,000, and currently outstanding in the amount of $7,300,000 plus accrued interest. "Series 2000A Refunding" means the payment in full of the Series 2000A Refunded Debt together with accrued interest thereon. "Series 2000A Refunding Costs" means the Refunding Costs associated with payment of the Series 2000A Refunded Note. "Series 2000A Registered Owner" means the Registered Owner of a Series 2000A Bond. "Series 2000A Reserve Account Credit Facility" means the Debt Service Reserve Fund Surety Bond to be issued by MBIA Insurance Corporation pursuant to the Series 2000A Commitment. "Series 2000A Reserve Account Credit Facility Agreement" means the Financial Guaranty Agreement between the County and MBIA Insurance Corporation, dated the Date of Issuance of the Series 2000A Bonds. hereof. "Series 2000A Subaccounts" means the subaccounts created pursuant to Section 4.02(B) "State" means the State of Florida. "Subordinate Debt" means any obligations issued or incurred by the County and secured by a lien upon and pledge of Non -Ad Valorem Revenues annually budgeted and appropriated, subject and subordinate to the Bonds with respect to the Covenant and in all other respects. Other than the 13 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM ``/ *MOO Series 2000A Contingent Obligations, any Contingent Obligations issued after the issuance of the Series 2000A Bonds will be deemed to be Subordinate Debt for purposes of the Covenant. "Table of Accreted Values" means, with respect to any Capital Appreciation Bonds, the table showing the amount of the principal and interest accrued on such Bonds as of each Interest Payment Date. "Variable Rate Bonds" means Bonds, the interest rate on which is subject to adjustment at such times and in such manner as shall be determined in accordance with a Series Resolution. "Term Bonds" means the Current Interest Paying or Capital Appreciation Bonds of a Series, all of which shall be stated to mature on one date and which shall be subject to retirement from Amortization Installments deposited into the applicable Bond Amortization Account in the Debt Service Fund. Section 1.03. Interpretation. Any reference herein to the County, to the Board or to any member or officer of either, includes entities or officials succeeding to their respective functions, duties or responsibilities pursuant to or by operation of law or lawfully performing their functions. Unless the context clearly indicates otherwise, any reference to a section or provision of the Constitution of the State or the Act, or to a section, provision or chapter of the Laws of Florida or the United States of America, includes that section, provision or chapter as amended, modified, revised, supplemented or superseded from time to time; provided, that no amendment, modification, revision, supplement or superseding section, provision or chapter shall be applicable solely by reason of this provision if it constitutes in any way an impairment of the rights or obligations of the County, the officers, employees and members of the Board, the Registrar, the Paying Agent, the Registered Owners, or any Credit Facility Issuer, under this Original Bond Resolution, under the Bonds, or under any other instrument or document entered into in connection with any of the foregoing. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Original Bond Resolution; and the term "hereafter" means after and the term "heretofore" means before the date of this Original Bond Resolution. Words of any gender include the correlative words of the other genders, unless the context indicates otherwise. Section 1.04. Captions. The captions and headings herein are solely for convenience of reference and in no way define, limit or describe the scope or intent of any Articles, Sections, subsections, paragraphs, subparagraphs or clauses hereof. Section 1.05. Findings. It is hereby ascertained, determined, and declared as follows: (A) The Board has previously determined in and by Resolution No. 98-230, that: (1) it is necessary and the best interests of the health, safety, and welfare of the County and its residents that the County undertake the Series 2000A Project; 14 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM 11 0 %MV (2) the County is authorized pursuant to the provisions of the Act, particularly Chapter 125, Part I, Florida Statutes, to undertake the Series 2000A Project; (3) the County is without adequate, currently available funds to pay the Series 2000A Project Costs, and it is necessary and desirable and in the best interests of the County that it borrow the moneys necessary to accomplish the financing of the Series 2000A Project.; (4) the County is authorized pursuant to the provisions of the Act, to borrow moneys necessary to pay the cost of the Series 2000A Project; (B) the County has previously issued the Series 2000A Refunded Debt, and it is necessary and desirable that the County issue the Series 2000A Bonds in order to provide for timely payment of the principal of and interest on the Series 2000A Refunded Debt on or before April 21, 2000, the maturity date thereof. (C) The County receives the Non -Ad Valorem Revenues, and the Non -Ad Valorem Revenues are not pledged or encumbered to pay any other debts or obligations of the County except the Series 2000A Direct Obligations and the Series 2000A Contingent Obligations. (D) It is necessary and desirable and in the best interests of the health, safety and welfare of the County and its residents that the County covenant to budget and appropriate from Non -Ad Valorem Revenues moneys necessary to make the required deposits into the Series 2000A Subaccounts for the timely payment of the Debt Service on the Series 2000A Bonds and to pay amounts due under the Series 2000A Reserve Account Credit Facility Agreement. The County is authorized pursuant to the provisions of the Act to enter into the Covenant to secure the payment of the principal of, premium, if any, and interest in the Series 2000A Bonds. (E) Amounts of Non -Ad Valorem Revenues available for purposes of the Covenant are estimated to be sufficient (i) to pay the Debt Service on the Series 2000A Bonds as the same becomes due , (2) to pay the principal of, premium, if any, and interest on the Series 2000A Direct Obligations, (3) to make payments, if any, reasonably expected to be required with respect to the Series 2000A Contingent Obligations, (4) to pay Series 2000A Reserve Account Credit Facility Costs in accordance with the Series 2000A Reserve Account Credit Facility Agreement; and (5) to make all other payments required to be made from such Non -Ad Valorem Revenues. (F) The Series 2000A Public Agencies who will benefit from the Series 2000A Project are have entered into the Series 2000A Interlocal Agreements and, pursuant thereto, have agreed to make annual payments of Series 2000A Additional Revenues; the County will apply the Series 2000A Additional Revenues to pay the Debt Service on the Series 2000A Bonds. (G) The Series 2000A Bonds shall not be or constitute general obligations or indebtedness of the County as "bonds" within the meaning of any provision of the Constitution of the State, but shall be and are hereby declared to be special, limited obligations of the County, the principal of, premium, if any, and interest on which are payable from and secured solely by the 15 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM r�410 `.d Series 2000A Pledged Revenues in the manner provided herein. No Registered Owners shall ever have the right to require or compel the County to levy taxes on any real property of or in the County to pay the principal of, premium, if any, and interest on the Series 2000A Bonds or to make any other payments provided for herein. Furthermore, neither the Series 2000A Bonds nor the interest or premium, if any, thereon, shall be or constitute a lien upon the Series 2000A Project, or upon any other property of or in the County, other than the Series 2000A Pledged Revenues, in the manner provided in this Original Bond Resolution. (H) The Financial Advisor has recommended a negotiated sale of the Series 2000A Bonds because of the volatility in the long-term bond market and likelihood that the Series 2000A Bonds can be sold at a lower true interest cost rate through a negotiated sale; the Board accepts the recommendation of the Financial Advisor and finds that a negotiated sale of the Series 2000A Bonds is in the best interests of the County and the citizens thereof. (I) It is necessary and desirable and in the best interests of the County that the authority to execute the Series 2000A Purchase Contract be delegated to the Authorized Officer and that the authority to execute the Series 2000A Bonds, the Bond Registrar and Paying Agent Agreement, the Reserve Account Credit Facility Agreement, the Continuing Disclosure Certificate, and such other instruments and documents as are necessary and desirable in connection with the issuance and delivery of the Series 2000A Bonds be delegated to the Chairman, the Clerk, the Authorized Officer, and such other officers and officials of the County as are necessary therefor. The forms of such documents and agreements shall be approved and accepted by the Persons signing such documents and agreements upon the advice of the County Attorney, Bond Counsel, and the Financial Advisor, such approval and acceptance to be evidenced by the execution thereof. Section 1.06. Resolution Constitutes A Contract. In consideration of the acceptance of the Bonds authorized to be issued hereunder by those who shall be the Registered Owners of the same from time to time, this Original Bond Resolution shall be deemed to be and shall constitute a contract between the County and such Registered Owners, and the covenants and agreements herein set forth to be performed by the County shall be for the equal benefit, protection, and security of the Registered Owners of any and all such Bonds, all of which shall be of equal rank and without preference, priority, or distinction of any of the Bonds over any other thereof, except as expressly provided therein or herein. In consideration of the issuance of any Credit Facility and Reserve Account Credit Facility, this Original Bond Resolution shall further be deemed to be a contract between the County and the Credit Facility Issuer. To the extent that the Credit Facility Issuer is not in default of its obligations under a Credit Facility or Reserve Account Credit Facility, it shall be entitled to exercise all rights of Registered Owners hereunder with respect to Bonds as to which its Credit Facility or Reserve Account Credit Facility is in effect. 16 4454v4/28902-00068/R.AUTH NON AD BONDS 03/29/0015:22 PM M M ARTICLE II AUTHORIZATION OF BONDS AND SERIES 2000A BONDS; DESCRIPTION, DETAILS AND FORM OF BONDS Section 2.01. Authorization Of Bonds. The issuance by the County from time to time of Bonds pursuant to this Original Bond Resolution is hereby authorized. Any Additional Bonds must be authorized by a Series Resolution. Section 2.02. Description Of Bonds. Bonds shall be numbered; shall be in such denominations or maturity amounts; shall be dated as of the date of their delivery or such other date prior to the date of their delivery; shall bear interest at not exceeding the maximum rate allowed by law; payable on such dates; shall mature on the first day of such month, in such years, not to exceed thirty (30) years from the date thereof, and in such amounts; and shall be issued as Current Interest Paying Bonds, Capital Appreciation Bonds, Serial Bonds, Term Bonds, Variable Rate Bonds, or any combination thereof; all the foregoing as shall be determined in accordance with a Series Resolution. The Bonds may be issued all at one time or in Series or installments from time to time. Different installments and Series of Bonds may have such characteristics as shall be provided herein and in accordance with a Series Resolution and shall bear a designation to distinguish such Series or installment from other Series or installments of the Bonds. Bonds shall be issued in fully registered form; shall be payable with respect to principal at the office of the Paying Agent; shall be payable in lawful money of the United States of America; and shall bear interest from their date, or from the most recent date to which interest has been paid, payable, in the case of Current Interest Paying Bonds, by check or draft mailed to the Registered Owner at his address as it appears upon the books of the Registrar as of 5:00 P.M. Eastern Time on the Record Date, and in the case of Capital Appreciation Bonds, at maturity upon presentation at the office of the Registrar; provided that, for any Registered Owner of one million dollars ($1,000,000) or more in principal amount of Bonds, such payment shall, at the written request made to the Registrar at least five (5) Business Days prior to the applicable Record Date and at the expense, if any, of such Registered Owner, be made by wire transfer or other medium acceptable to the County and to such Registered Owner. Section 2.03. Execution And Authentication Of Bonds. The Bonds of each Series shall be executed in the name of the County by the Chairman and attested by the Clerk, and the County or Board seal or facsimile thereof shall be affixed thereto or reproduced thereon. The signatures of the Chairman and Clerk may be manual or facsimile signatures imprinted or reproduced thereon. There shall be a Certificate of Authentication of the Registrar on the Bonds, and no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under the provisions of this Original Bond Resolution unless such certificate shall have been duly executed on such Bond. The authorized signature for the Registrar shall be either manual or in facsimile, provided, however, that at least one of the above signatures, including that of the authorized 17 44544/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM �✓ `40� signature for the Registrar, appearing on the Bonds shall be a manual signature. The authentication by the authenticating agent upon any Bond shall be conclusive evidence that the Bond so authenticated has been duly delivered hereunder and is entitled to the security and benefit hereof. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer of the County before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the County by such person as at the actual time of the execution of such Bond shall hold the proper office in the County, although at the date of such Bonds such person may not have held such office or may not have been so authorized. Section 2.04. Negotiability And Registration. The Bonds shall be and have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities Laws of the State of Florida, and each successive Registered Owner, in accepting any of said Bonds shall be conclusively deemed to have agreed that the Bonds shall be and have all of the qualities and incidents of such negotiable instruments. There shall be a Registrar, which may also be the Paying Agent, and which shall be a Bank or Trust company located within or without the State of Florida. The Registrar shall be responsible for maintaining the books for the registration of the transfer and exchange of the Bonds. The County and the Registrar may treat the Registered Owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary. All Bonds presented for transfer, exchange, redemption or payment (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The Registrar may charge the Registered Owner a sum sufficient to reimburse it for any expenses incurred in making any exchange or transfer after the first such exchange or transfer following the initial delivery of the Bonds. The Registrar or the County may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any new Bonds shall be delivered. The County and the Registrar shall not be required (a) to issue, transfer or exchange any Bonds during a period beginning at the opening of business on the 15th day next preceding either any Interest Payment Date or any date of selection of Bonds or parts thereof to be redeemed and ending at the close of business on the Interest Payment Date or day on which the applicable notice of redemption is given, or (b) to transfer or exchange any Bonds selected, called or being called for redemption in whole or in part. New Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Bonds surrendered, shall be secured by this Original Bond 18 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM I Resolution, and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. The County may elect to use a book -entry or immobilization system for issuance and registration of the Bonds of any Series, and the details of any such system shall be fixed in accordance with a Series Resolution. Whenever any Bond shall be delivered to the Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Bond shall be cancelled and destroyed by the Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the County. Section 2.05. Bonds Mutilated, Destroyed, Stolen Or Lost. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar may in its discretion issue and deliver a new Bond, of like tenor as the Bond, so mutilated, destroyed, stolen or lost, either in exchange and substitution for such mutilated. Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Registered Owner's furnishing the Registrar proof of his ownership thereof, furnishing satisfactory indemnity in favor of both the County and the Registrar, complying with such other reasonable regulations and conditions as the Registrar and County may prescribe, and paying such expenses as the County may incur. All Bonds so surrendered shall be cancelled. If any such Bonds shall have matured or are about to mature,. instead of issuing a substitute Bond, the Registrar may pay the same, upon compliance with the foregoing conditions and requirements. Any such duplicate Bonds issued pursuant to this Section shall constitute original contractual obligations on the part of the County, whether or not any lost, stolen or destroyed Bonds are found and shall be entitled to equal and proportionate benefits and rights with all other Bonds of such Series issued hereunder as to lien on and source and security for payment from the Series Pledged Revenues. Section 2.06. Temporary Bonds. Until Bonds in definitive form of any Series are ready for delivery, the County may execute, and upon its request in writing, the Registrar shall authenticate and deliver in lieu of any thereof, and subject to the same provisions, limitations and conditions, one or more printed, lithographed or typewritten Bonds in temporary form, substantially of the tenor of the Bonds hereinbefore described and with appropriate omissions, variations and insertions. Until exchanged for Bonds in definitive form, such Bonds in temporary form shall be entitled to the lien and benefit of this Original Bond Resolution. The County shall, without unreasonable delay, prepare, execute and deliver to the Registrar and thereupon, upon the presentation and surrender of the Bonds in temporary form to the Registrar the Registrar shall authenticate and deliver, in exchange therefor, Bonds of the same Series and maturity, in definitive form in the authorized denominations, and for the same aggregate principal amount, as the Bonds in temporary form surrendered. The expense of such exchange shall be paid by the County and there shall be made no charge therefor to any Registered Owner. 19 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM `..r' 1✓ Section 2.07. Provisions For Redemption. The Bonds may be redeemable, by operation of the applicable Bond Amortization Account or Redemption Account or, at the option of the County, as provided in accordance with a Details Resolution; provided, that no optional redemption of Bonds may be effected so long as any Reserve Account Credit Facility Costs are outstanding and unpaid. (A) Notices To Owners. Not less than thirty (30) calendar days prior to the Redemption Date, notice of any such redemption, which shall be dated and state (a) the Redemption Date, (b) the Redemption Price, (c) the identification and respective principal amount of Bonds to be redeemed if less than all Bonds are to be redeemed, (d) that on the Redemption Date the Redemption Price will become due and payable on the Bond or portion thereof called for redemption, (e) that interest on each such Bond shall cease to accrue from and after such date, and (f) the place where the Bonds are to be surrendered for payment of the Redemption Price (1) shall be filed with the Registrar, and (2) shall be mailed by deposit in the U.S. Mail by Registered or Certified Mail, postage prepaid, to all Registered Owners of Bonds to be redeemed at their addresses as they appear on the registration books hereinabove provided for. Interest shall cease to accrue on the Redemption Date on any Bonds duly called for prior redemption if payment of the Redemption Price has been duly provided for. Failure of any Registered Owner to receive notice properly given shall not affect (i) the validity of any such proceedings for redemption or (ii) the cessation from and after the Redemption Date of the accrual of interest on the Bonds called for redemption. (B) Notices To Depositories. In addition to the foregoing notice, further notice shall be given as set out below, but no defect in any such notice nor any failure to give all or any portion of any notice shall in any manner defeat the effectiveness of a call for redemption with respect to a Registered Owner as to which notice is given as prescribed in Subsection A above. Each such further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus: (a) the date of the Bonds of such Series being redeemed; (b) the rate of interest borne by the Bonds being redeemed; (c) the maturity date of the Bonds being redeemed; (d) the CUSIP number of the Bonds being redeemed and (e) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption under this Subsection (B) shall be sent at least thirty-two (32) days before the Redemption Date by registered or certified mail or overnight delivery service (at the expense of the addressee) to all registered securities depositories then in the business of holding substantial amounts of obligations of types such as the Bonds (such depositories now being The Depository Trust Company of New York, New York, the Midwest Securities Trust Company of Chicago, Illinois, and the Philadelphia Depository Trust Company of Philadelphia, Pennsylvania) and to one or more national information services that disseminate notices of redemption of obligations such as the Bonds (such as Financial Information, Inc.'s Financial Daily Called Bond Service, Interactive Data Corporation's Bond Service, Kenny Information Service's Called Bond Service and Standard & Poor's Called Bond Record). Section 2.08. Form Of Bonds. The text of the Bonds shall be of substantially the form of Exhibit A hereto, with such omissions, insertions, and variations as may be necessary and desirable, 20 4454v4/28902--00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM and as may be authorized or permitted by this Original Bond Resolution or in accordance with a Series Resolution or Details Resolution. ARTICLE III BONDS NOT GENERAL OBLIGATION OF COUNTY; PLEDGE OF REVENUES AND APPLICATION THEREOF Section 3.01. Bonds Not General Obligation Or Indebtedness Of The County; No Lien On Project. The Bonds of any Series shall not be or constitute a general obligation or indebtedness of the County as "bonds" within the meaning of any constitutional, statutory, charter or code provision or limitation, but shall be special, limited obligations of the County, the principal of, premium, if any, and interest on which are payable solely from the Series Pledged Revenues as herein provided. No Registered Owner or Owners of any Bonds issued hereunder shall ever have the right to require or compel the exercise of the ad valorem taxing power of the County, or taxation in any form of any property of or in the County, to pay the Bonds or the Debt Service Requirement thereon or to make any other payment required hereunder. The Bonds and the interest thereon shall not constitute a lien upon any Project or any other property of or in the County, but shall constitute a lien only upon the Series Pledged Revenues in the manner provided herein. Section 3.02. Bonds Secured By Series Pledged Revenues . The payment of the Debt Service Requirement on the Bonds of each Series issued hereunder shall be secured by a lien upon and pledge of the Series Pledged Revenues. Series Pledged Revenues, in an amount sufficient both to pay the Debt Service Requirement on the applicable Series and any Reserve Account Credit Facility Costs with respect to such Series and to make all other payments required with respect to such Series are hereby, so long as any Bonds or Reserve Account Credit Facility Costs with respect to such Series are Outstanding and unpaid hereunder, irrevocably pledged in the manner stated herein to the payment of the Debt Service Requirement on the Bonds of such Series and any Reserve Account Credit Facility Costs with respect to such Series as the same become due and to the making of the other payments required hereunder with respect to such Series. Notwithstanding the foregoing, no provision hereof is intended to prohibit the payment of the Debt Service Requirement on any Series from, or the pledging to such payment of, any lawfully available additional security. Section 3.03. Application Of Series Pledged Revenues. Until any Series shall no longer be Outstanding or until (1) (a) there shall have been set apart in the Series Subaccounts in the Debt Service Fund, a sum sufficient to pay when due the entire Debt Service Requirement accrued and to accrue on such Series, or (b) provision for payment of such Series shall have been made in accordance with the provisions of this Original Bond Resolution, and (2) all Reserve Account Credit Facility Costs with respect to such Series shall have been paid in full, the County covenants with the Registered Owners of, and any Credit Facility Issuer for, such Series as follows: (A) Creation Of Funds And Accounts. There are hereby created and established the following funds and accounts: the Public Improvement Revenue Bonds, Debt Service Fund, 21 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/522 PM %awl 'Vo hereinafter called the "Debt Service Fund", together with the accounts therein to be known as the "Current Debt Service Account", the "Reserve Account", the "Bond Amortization Account", the "Redemption Account", and the "Subordinate Debt Account"; and the Public Improvement Revenue Bonds, Project Fund, hereinafter called the "Project Fund;" the County may create a Public Improvement Revenue Bonds Rebate Fund (the "Rebate Fund') in its discretion in order to facilitate the accumulation of moneys to pay any Rebate Amount. The County may establish accounts and subaccounts in the foregoing funds and accounts for separate Series in accordance with a Series Resolution. (B) Maintenance Of Funds And Accounts. The designation and establishment of the various funds, accounts and subaccounts in and by this Original Bond Resolution shall not be construed to require the establishment of any completely independent, self -balancing funds, accounts or subaccounts, as such terms are commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of Series Pledged Revenues for certain purposes and to establish certain priorities for application of such Series Pledged Revenues as provided herein. Cash and investments required to be accounted for in each of the Funds and Accounts established by this Original Bond Resolution may pooled with other County moneys provided that adequate accounting records are maintained to reflect control or restricted allocation of the moneys allocable to the Funds and Accounts for the various purposes of such Funds and Accounts. The foregoing provisions notwithstanding, the moneys and Authorized Investments on deposit in the funds, accounts and subaccounts created and established pursuant to this Original Bond Resolution shall constitute trust funds for the purposes provided herein and shall be maintained on the books of the County as separate and distinct from all other funds, accounts and subaccounts of the County, in the manner provided in this Original Bond Resolution. All moneys in such funds, accounts and subaccounts shall be continuously secured in the same manner as deposits of County funds are required to be secured by the laws of the State. Separate accounts and subaccounts may be maintained for different Series or Installments and identified by the appropriate designation, and deposits into the accounts for each such Series shall be on a parity with the deposits, if any, into the corresponding accounts for each other Series (or, in the case of a deficiency, shall be on a pro rata basis computed with regard to the aggregate principal amount of each Series then outstanding and unpaid) unless specified otherwise; further provided that moneys on deposit in the accounts and subaccounts established for a particular Series may be specified not to be available to be used for payments required to be made from the corresponding accounts for any other Series. (C) Application Of Additional Revenues. All Series Additional Revenues shall be deposited by the County into the Debt Service Fund in the manner set forth in a Series Resolution. (D) Application Of Non -Ad Valorem Revenues. The County will apply and deposit Non -Ad Valorem Revenues budgeted and appropriated by the Board pursuant to the Covenant in the following manner and order of priority; (1) not less than one (1) Business Day prior to each Interest Payment 22 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM Date into the Current Debt Service Account in such amounts as are necessary to pay the interest becoming due on the Current Interest Paying Bonds on such Interest Payment Date; (2) not less than one (1) Business Day prior to each Principal Maturity Date into the Current Debt Service Account in such amounts as are necessary to pay the principal maturing on Current Interest Paying Serial Bonds on the such Principal Maturity Date; (3) not less than one (1) Business Day prior to each Principal Maturity Date, on a parity with the payments provided in paragraph (2) above, into the Bond Amortization Account in such sums as are necessary to pay the Amortization Installment for Term Bonds which shall become due and payable on the next Principal Maturity Date; and (4) not less than one (1) Business Day prior to each Principal Maturity Date, on a parity with the payments provided in paragraphs (2) and (3) above, into the Current Debt Service Account in such amounts as are necessary to pay the Maturity Amount of any Capital Appreciation Bonds maturing on the next Principal Maturity Date; (5) into the foregoing accounts in such amounts as are necessary to cure any deficiency in prior deposits into the Debt Service Fund; (6) into the Reserve Accounts in such amounts as are necessary to maintain in the Reserve Account a Reserve Account Value equal to the Reserve Account Requirement by; (a) restoring the value of any Reserve Account Credit Facility to Full Reserve Account Credit Facility Coverage by making required payments to the Credit Facility Issuer under the Reserve Account Credit Facility Agreement; and (b) Account to the required levels hereunder and pursuant to the terms of any Reserve Account Credit Facility; (7) in such amounts as are necessary to pay any unpaid Reserve Account Credit Facility Costs pursuant to a Reserve Account Credit Facility Agreement; and (8) into the Subordinate Debt Account in such amounts as are required by the proceedings authorizing the issuance of such Subordinate Debt. Credit shall be allowed against the required deposit amounts due as prescribed above for the Debt Service Fund to the extent of any other moneys and Authorized Investments on deposit and available for such purpose in the applicable accounts of the Debt Service Fund including (i) Series Additional Revenues and (ii) Series Investment Earnings, in each case, to the extent allocated to such fund or account and required to be retained therein for such purposes. 23 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM I .Ml w '"W The foregoing provisions notwithstanding, no further deposits shall be required to be made into the foregoing funds and accounts whenever (1) there shall be on deposit in the Debt Service Fund (including the accounts therein), an amount of money and Authorized Investments equal to all principal and interest due on the Bonds to the final maturity thereof, (2) all amounts due and owing to any Credit Facility Issuer shall have been paid and (3) there shall be on deposit in the Subordinate Debt Service Account an amount necessary to pay all outstanding Subordinate Debt in full in accordance with its terms. (E) Investment Of Moneys In Funds And Accounts; Application Of Investment Earnings. All moneys in the Funds and Accounts shall be invested and reinvested only in Authorized Investments. Authorized Investments allocated to any fund or account shall mature not later than the respective dates, as estimated by the County, that moneys will be needed for the purposes thereof. In the case of the Reserve Account, investments shall mature not later than the earlier of five (5) years from their date of deposit in the Reserve Account or the final maturity of the Bonds, and Investment Earnings thereon (1) shall be retained in the Reserve Account to the extent necessary to maintain the Reserve Account Requirement therein, (2) shall be applied to pay Reserve Account Credit Facility Costs, or (3) shall be transferred to the Current Debt Service Account. Except as otherwise provided herein with respect to any particular moneys, and except in accordance with any Tax Compliance Certificate delivered in connection with the issuance of any applicable Series, all Investment Earnings shall, upon receipt, deposited into the Current Debt Service Account. (F) Application Of Bond Proceeds. All moneys received from the sale of any Additional Bonds issued pursuant to this Original Bond Resolution shall be applied and deposited in accordance with the provisions of the applicable Series Resolution. (G) Use Of Moneys On Deposit In Funds And Accounts. The moneys on deposit in the Funds and Accounts shall be only used in the following manner and for the following purposes. (1) Current Debt Service Account. Moneys on deposit in the Current Debt Service Account shall be used only for the purpose of paying the Debt Service on Bonds as the same shall become due. (2) Bond Amortization Account. Moneys held for the credit of the Bond Amortization Account shall be applied to the retirement of Term Bonds of each Series or installment of Bonds, to the extent of the Amortization Installment, if any, for such Bond Year for the Term Bonds of each such Series or installment, and if the amount available in such Bond Year shall not be sufficient therefor, then in proportion to the Amortization Installment, if any, for such Bond Year for the Term Bonds of each such Series or installment then Outstanding. Notwithstanding the provisions of the preceding paragraph, the County may purchase Term Bonds then Outstanding at the most advantageous price obtainable with reasonable diligence, such price not to exceed the principal amount of such Term Bonds which would be payable on the next Redemption Date to the Registered Owners of such Term Bonds if such Term Bonds should be called for redemption on such date from moneys in the Bond I 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM n M Amortization Account. The County shall pay the interest accrued on such Term Bonds to the date of purchase thereof from the Current Debt Service Account and the balance of the purchase price from the Bond Amortization Account. No such purchase shall be made after the giving of notice of redemption with respect to such Term Bonds other than the Bonds so called, except from moneys in excess of the amounts set aside or deposited for the redemption of Term Bonds. (3) Reserve Account. (a) Moneys, Authorized Investments on deposit in the Reserve Account or amounts available under any Reserve Account Credit Facility shall be used only for the purpose of the payment of Debt Service Requirement on the Bonds when the other moneys in the Debt Service Fund are insufficient therefor: (b) If the Reserve Account contains both cash/Authorized Investments and a Reserve Account Credit Facility, the cash/Authorized Investments shall be utilized prior to making any draw on the Reserve Account Credit Facility. If there is more than one Reserve Account Credit Facility on deposit in the Reserve Account, draws shall be pro rata against both Reserve Account Credit Facilities (based on the Reserve Account Credit Facility Coverage available at the time of the draw). (c) The Authorized Investments on deposit in the Reserve Account shall be valued annually as of the last day of the Fiscal Year at their market value. If and whenever the sum of (a) the cash, (b) the market value of the Authorized Investments allocated to the Reserve Account, and (c) the available amounts under any Reserve Account Credit Facility exceed the Reserve Account Requirement on all then Outstanding Bonds, excess cash may be withdrawn and allocated to the Current Debt Service Account. (d) Deficiencies in the Reserve Account resulting from a withdrawal therefrom, a decline in market value of the Authorized Investments therein or, a draw on a Reserve Account Credit Facility, shall be restored from the first available Series Pledged Revenues in the following manner; (1) first, the amount of any Reserve Account Credit Facility Costs shall be paid in accordance with the applicable Reserve Account Credit Facility Agreement (and if there is more than one Reserve Account Credit Facility, restoration shall be on a pro rata basis) and (2) second, the amount of cash and Authorized Investments shall be restored. (e) If the issuance of any Additional Bonds causes an increase in the amount of the Reserve Account Requirement, the County shall deposit additional cash, Authorized Investments, or a Reserve Account Credit Facility to make the amount on deposit therein equal to the Reserve Account Requirement. If the County (i) establishes a separate Series Subaccount in the Reserve Account for a particular Series, and (ii) specifies that amounts in such Series Subaccount are available only to pay Debt Service on the Series, the amounts of Non -Ad Valorem Revenues budgeted, appropriated and deposited into the Series Subaccounts in the Debt Service Fund must be pro rata based on the amounts needed to make the required deposits into the Series Subaccounts (after taking into account any Series Additional 25 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM 1n M Revenues and Series Investment Earnings on deposit therein) without regard to whether the Series Subaccount in the Reserve Account is funded with cash and Authorized Investments or with a Reserve Account Credit Facility. (4) Redemption Account. Moneys on deposit in the Redemption Account shall be used to pay the Redemption Price of Bonds on the Redemption Date in accordance with the provisions established in the Series Resolution applicable to such Bonds. (5) Subordinate Debt Account. Moneys on deposit in the Subordinate Debt Account shall be used to pay the Debt Service on Subordinate Debt in accordance with the proceedings authorizing such Subordinate Debt; provided, that moneys on deposit in the Subordinate Debt Account shall be used to supplement the moneys on deposit in the other accounts in the Debt Service Fund to the extent necessary to prevent a default in payment of the Debt Service on Bonds when due. (6) Project Fund. Moneys on deposit in the Project Fund shall be withdrawn, used and applied by the County solely for the payment of Project Costs and purposes incidental thereto, as described and set forth in this Original Bond Resolution; provided that such moneys may be used to supplement the moneys on deposit in the Current Debt Service Account to the extent necessary to prevent a default in the payment of Debt Service on the Bonds. All expenditures or disbursements from the Project Fund, other than for payment of Debt Service, shall be made only after such expenditures or disbursements shall have been approved in writing by the Authorized Officer. All amounts on deposit in the Project Fund, which in the opinion of the Authorized Officer, are not immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized Investments, maturing at such time or times as such moneys will be needed for the purposes of the Project Fund. All income derived from such investments shall be retained in the Project Fund and used to pay Project Costs or, to the extent not needed therefor, may be deposited into the Current Debt Service Account. If, for any reason, the moneys on deposit in the Project Fund, or any part thereof, are not necessary for or are not applied to the payment of Project Costs, then upon receipt of an opinion of Bond Counsel to the effect that the proposed use will not violate the provisions of Section 5.01(G) hereof, the unapplied proceeds may be (1) deposited by the County into the accounts in the Debt Service Fund and used to pay interest on Bonds, (2) used to pay any Reserve Account Credit Facility Costs then due and owing, (3) deposited by the County into the Reserve Account to the extent of any deficiency therein, (4) deposited into the Redemption Account or (5) used for any lawful capital purpose for which the Series Pledged Revenues can be used. (7) Rebate Account. Moneys on deposit in the Rebate Account shall be used only for making required payments of not less than the Rebate Amount to the Internal Revenue Service on or before each Rebate Payment Date. 26 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM (H) Payment Accounts. On or prior to each Interest Payment Date, moneys for the payment of the Debt Service to become due on such Interest Payment Date shall be transferred from the Debt Service Fund and deposited in a payment account with the Paying Agent. The payment account shall be established in the name of the County, and moneys therein may be invested in overnight repurchase agreements fully collateralized by United States Obligations held by a third party. The payment account shall be held solely for the benefit of the persons entitled to receive payment of the Debt Service with respect to which such moneys were deposited, subject however to the provisions of Paragraph (I) of this Section 3.03. All income on the investment of such moneys may be applied by the County for any lawful purpose and shall not be considered Series Pledged Revenues hereunder. (I) Unclaimed Moneys. Moneys held by the Paying Agent for the payment of Debt Service and remaining unclaimed for a period of one (1) year from the date on which such moneys were due to pay such Debt Service may be withdrawn by the County and used for any lawful purpose; provided (1) that such withdrawal shall not give rise to any claim for additional interest due on such Bonds on account of payment thereof not having been duly provided for under the terms of this Original Bond Resolution and (2) that such withdrawal shall not affect the right, to the extent existing under the provisions of this Original Bond Resolution or of the laws of the State, of the Registered Owner of such Bonds to payment from the Series Pledged Revenues of the principal and interest thereon to the Interest Payment Date with respect to which such moneys were originally deposited. ARTICLE IV AUTHORIZATION OF SERIES 2000A BONDS; PROVISIONS RELATED TO SERIES 2000A BONDS Section 4.01. Authorization Of Series 2000A Bonds. Subject and pursuant to the provisions of this Original Bond Resolution, obligations of the County, to be known as "Public Improvement Revenue Bonds, Series 2000A (800 MHz Radio System)", are hereby authorized to be issued in an aggregate principal amount on original issuance not to exceed Nine Million Five - Hundred Thousand Dollars ($9,500,000), for the purpose of financing Series 2000A Project Costs. Section 4.02. Description Of And Security For Series 2000A Bonds. (A) Details Of Series 2000A Bonds. The Series 2000A Bonds shall be dated, shall mature on the dates and in the amounts, shall bear interest at the rates payable on the dates, shall be subject to redemption prior to the maturity thereof, and shall be sold, issued, and delivered in such form and denominations as is provided in this Article IV, in Exhibit D to this Original Bond Resolution, and in the Series 2000A Purchase Contract. (B) Series 2000A Subaccounts. There are hereby created in the accounts in the Debt Service Fund the following subaccounts: (1) in the Current Debt Service Account, the "Series 2000A Subaccount"; in the Reserve Account the "Series 2000A Subaccount"; (3) in the Bond Amortization Account, the "Series 2000A Subaccount"; and (4) in the Redemption Account, the 27 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/001522 PM *400, `l. "Series 2000A Subaccount". There is hereby created in the Project Fund the "Series 2000A Account". (C) Security for Series 2000A Bonds. The Series 2000A Bonds shall be secured equally and ratably by a lien upon and pledge of the Series 2000A Pledged Revenues in the manner set forth herein and in Article III of this Original Bond Resolution. (D) Series 2000A Pledged Revenues and Series 2000A Additional Revenues and Application Thereof. The Series 2000A Additional Revenues shall be deposited by the County, immediately upon receipt thereof into the Series 2000A Subaccounts in accordance with the provisions of Section 3.03(D) hereof and used and applied solely in accordance with the provisions of Section 3.03(G) hereof. So long as the Series 2000A Bonds are Outstanding, the County will not grant a lien upon or pledge of the Series 2000A Additional Revenues to secure any other debt obligation of the County. (E) Series 2000A Additional Revenues. The County will diligently enforce the obligation of the Series 2000A Public Agencies to make the required payments under the Series 2000A Interlocal Agreements. (F) Series 2000A Paving Agent And Bond Registrar. The Paying Agent and Bond Registrar for the Series 2000A Bonds shall be First Union National Bank, Jacksonville, Florida. The Bond Registrar and Paying Agent Agreement in substantially the form of Exhibit E hereto is hereby approved. (G) Series 2000A Commitments. The Series 2000A Commitments from MBIA Insurance Corporation are hereby approved and the execution thereof by the Authorized Officer is hereby ratified and confirmed. (H) Official Statement. The delivery of the Preliminary Official Statement to the Initial Purchaser and the distribution by the Initial Purchaser of the Preliminary Official Statement in connection with the offering for sale of the Series 2000A Bonds is ratified and approved. Section 4.03. Series 2000A Bonds Book -Entry System. The Series 2000A Bonds shall be issued in book -entry only form. The Series 2000A Bonds shall be issued in the form of one certificate for the principal amount of each maturity (including Maturity Amount or Amortization Installment) registered to Cede and immobilized in the custody of DTC or the Registrar. The Authorized Officer is hereby authorized to enter into a Letter of Representations and to perform such further acts as are necessary to provide for the issuance of the Series 2000A Bonds in book -entry only form. All payments for the principal of, interest and redemption premiums, if any, on the Series 2000A Bonds shall be paid by check, draft or wire transfer by the Paying Agent to Cede, without prior presentation or surrender of any Series 2000A Bond (except for payment on the Principal Maturity Date); and shall constitute payment thereof pursuant to, and for all purposes, of this Original Bond Resolution. 28 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM *W' If less than all the outstanding Series 2000A Bonds of a single maturity are to be called for redemption, the County and the Paying Agent shall have no responsibility for the selection of the book -entry interests in the Series 2000A Bonds to be paid pursuant to the redemption, or for notification of that redemption or of that payment to, or for payment to, the beneficial owners of affected book -entry interests; all of which shall be handled by and in accordance with arrangements of DTC and its participants and others working through those participants. To the extent permitted by the provisions of the Letter of Representations, the County shall issue Series 2000A Bonds directly to beneficial owners of the Bonds other than DTC or Cede in the event that: (a) DTC determines not to continue to act as securities depository for the Series 2000A Bonds; or (b) the County has advised DTC of its determination that DTC is incapable of discharging its duties; or (c) the County determines that it is in the best interest of the County not to continue the book -entry system or that the interests of the beneficial owners of the Series 2000A Bonds might be adversely affected if the book -entry system is continued. Upon occurrence of the events described in (a) or (b) above, the County shall attempt to locate another qualified securities depository, and shall notify holders of the Series 2000A Bonds through DTC if successful. If the County fails to locate another qualified securities depository to replace DTC, the County shall cause the Registrar to authenticate and deliver replacement Series 2000A Bonds in certificated form to the beneficial owners of the Series 2000A Bonds. In the event the County makes the determination noted in (c) above (the County undertakes no obligation to make any investigation to determine the occurrence of any events that would permit the County to make any such determination), or if the County fails to locate another qualified securities depository to replace DTC upon occurrence of the events described in (a) or (b) above, the County shall mail a notice to DTC for distribution to the beneficial owners of the Series 2000A Bonds stating that DTC will no longer serve as securities depository, the procedures for obtaining such Series 2000A Bonds in certificated form, and the provisions which govern the Series 2000A Bonds including, but not limited to, provisions regarding authorized denominations, transfer and exchange, principal and interest payments, and other related matters. Section 4.04. Delegation Of Authority To Determine Date Of Sale And Details Of Series 2000A Bonds And To Execute The Series 2000A Purchase Contract; Conditions To Exercise Of Authority; Award Certificate. The Authorized Officer is hereby, subject to the conditions hereinafter set forth, authorized and empowered to determine the date of sale, principal amount on original issue, maturity dates, interest rates, dated date, redemption provisions and other details of the Series 2000A Bonds, and to execute the Series 2000A Purchase Contract on behalf of the Board and to deliver an executed copy thereof to the Initial Purchaser. This delegation of authority is expressly made subject to the following conditions, the failure of any of which shall 29 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM render the Series 2000A Purchase Contract voidable at the option of the Board. The conditions to the exercise of the power to execute the Series 2000A Purchase Contract are: (A) The Series 2000A Purchase Contract shall be executed on behalf of the Board by the Authorized Officer on or before April 14, 2000, in substantially the form of Exhibit F hereto. (B) The aggregate principal amount of the Series 2000A Bonds to be sold shall not exceed $9,500,000. (C) The true interest cost rate ("TIC") on the Series 2000A Bonds shall not, in the aggregate, exceed six percent (6.0%). (D) The Series 2000A Bonds shall be subject to redemption at the option of the County no later than ten (10) years from the date of issuance and at a redemption price not greater than one hundred three percent (103%) of the principal amount redeemed. (E) The Series 2000A Bonds shall mature not later than twenty-five (25) years from the dated date of the Series 2000A Bonds. (F) The Initial Purchaser shall have delivered to the County a good faith check in an amount not less than one percent (1%) of the par amount of the Series 2000A Bonds. (G) The purchase price for the Series 2000A Bonds shall be not less than ninety-nine percent (99%) of the par amount of the Series 2000A Bonds, calculated without reference to any original issue discount. (H) Such other conditions as shall be deemed necessary by the Authorized Officer upon the advice of the County Attorney, Financial Advisor, and Bond Counsel. In conjunction with the execution of the Series 2000A Purchase Contract, the Authorized Officer shall execute an Award Certificate setting forth the fiscal details of the Series 2000A Bonds and certifying compliance with the foregoing conditions. Section 4.05. Delegation of Authority to Execute and Deliver Series 2000A Bonds and Related Agreements, Certificates, and Other Documents. The Chairman, the Clerk, the Authorized Officer, the County Attorney, and such other officers and officials of the County as are so required, in connection with the issuance and delivery to the Initial Purchaser of the Series 2000A Bonds, are hereby authorized, on behalf of the Board and the County, to (i) execute and deliver to the Initial Purchaser the Series 2000A Bonds upon delivery by Bond Counsel of its approving opinion regarding the Series 2000A Bonds to the County and the satisfaction of the other conditions set forth in the Purchase Contract for the Series 2000A Bonds; (ii) execute and deliver to the Initial Purchaser the Continuing Disclosure Certificate for the Series 2000A Bonds; (iii) execute and deliver to the Registrar the Bond Registrar and Paying Agent Agreement for the Series 2000A Bonds; (iv) execute and deliver to the Series 2000A Credit Facility Issuer the Series 2000A Reserve Account Credit Facility Agreement; (v) execute and deliver such other agreements, certificates and documents as are necessary in the opinion of the County Attorney, 30 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/522 PM upon the advice of Bond Counsel, or are required by the provisions of the Purchase Contract for the Series 2000A Bonds, to be executed and delivered in connection with the issuance and delivery of the Series 2000A Bonds to the Initial Purchaser. Section 4.06. Application Of Series 2000A Bond Proceeds. All moneys received by the County from the sale of the Series 2000A Bonds shall be used and applied as follows: (A) The County shall deposit the accrued interest received upon the delivery of the Series 2000A Bonds into the Series 2000A Subaccount in the Current Debt Service Account to be applied to pay a portion of the interest coming due on the Series 2000A Bonds on the first Interest Payment Date. (B) The County shall next pay in full the principal of and interest on the Series 2000A Refunded Debt. (C) The County shall next pay the premium for the Series 2000A Credit Facility and the Series 2000A Reserve Account Credit Facility. (D) To the extent not paid or reimbursed therefor by the Initial Purchaser, the County shall next pay all costs and expenses in connection with the preparation, issuance and sale of the Series 2000A Bonds. (E) The balance of the proceeds of the sale of the Series 2000A Bonds shall be deposited in the Series 2000A Account in the Project Fund and shall be used to pay Series 2000A Project Costs or shall be applied in accordance with the provisions of Section 3.03(G)(6) hereof. Section 4.07. Credit Facility Issuer Provisions. The County hereby agrees with MBIA Insurance Corporation ("MBIA") as the Credit Facility Issuer for the Series 2000A Bonds: (A) Notices provided to MBIA shall be addressed to: MBIA Insurance Corporation 113 King Street Armonk, New York 10504 Attention: Insured Portfolio Management Group (B) "Defeasance Obligations" for purposes of the Series 2000A Bonds shall be limited to the following: U.S. Treasury Certificates, Notes and Bonds (including State and Local Government Series — "SLGs") Direct obligations of the Treasury which have been stripped by the Treasury itself, CATS, TIGRS and similar securities 31 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM • Resolution Funding Corp. (REFCORP) Only the interest component of REFCORP strips which have been stripped by request to the Federal Reserve Bank of New York in book entry form are acceptable. • Pre -refunded municipal bonds rated "Aaa" by Moody's and "AAA" by S&P. If however, the issue is only rated by S&P (i.e., there is no Moody's rating), then the pre -refunded bonds must have been pre -refunded with cash, direct U.S. or U.S. guaranteed obligations, or AAA rated pre -refunded municipals to satisfy this condition. • Obligations issued by the following agencies which are backed by the full faith and credit of the U.S.: a. U.S. Export -Import Bank (Eximbank) Direct obligations or fully guaranteed certificates of beneficial ownership b. Farmers Home Administration (FmHA) Certificates of beneficial ownership C. Federal Financing Bank d. General Services Administration Participation certificates e. U.S. Maritime Administration Guaranteed Title XI financing f. U.S. Department of Housing and Urban Development (HUD) Project Notes Local Authority Bonds New Communities Debentures — U.S. government guaranteed debentures U.S. Public Housing Notes and Bonds — U.S. government guaranteed public housing notes and bonds (C) Demands for payment under the Series 2000A Credit Facility or Series 2000A Reserve Account Credit Facility shall be made by the County to MBIA not less than three (3) Business Days prior to an Interest Payment Date for which the County reasonably expects the Pledged Revenues to be insufficient to pay the Debt Service on the Series 2000A Bonds. 32 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM n M ARTICLE V COVENANTS OF THE COUNTY EVENTS OF DEFAULT; REMEDIES Section 5.01. Covenants Of The County. Until (i) all Debt Service has been paid (or provision for payment thereof made in accordance with the provisions of Section 6.04 hereof) with respect to all Bonds Outstanding under the terms of this Original Bond Resolution and (ii) all Reserve Account Credit Facility Costs have been paid in full, the County covenants with the Registered Owners and with each Credit Facility Issuer as follows: (A) Budget And Appropriate. The Board will, in each year while any Bonds are outstanding, (1) include in its annual budget, by amendment, if necessary, and appropriate from Non -Ad Valorem Revenues and pay into the Series Subaccounts in the Debt Service Fund sufficient amounts which, together with the Series Investment Earnings and Series Additional Revenues, will be sufficient to pay the Debt Service on each Series as it becomes due and (2) include in its annual budget, by amendment, if necessary, and appropriate from Non -Ad Valorem Revenues sufficient amounts to cure any deficiency in amounts on deposit in the Series Subaccounts in the Debt Service Fund resulting from a deficiency in Series Additional Revenues or otherwise. This covenant and agreement on the part of the County to budget and appropriate amounts from Non -Ad Valorem Revenues shall be cumulative and shall continue until Non -Ad Valorem Revenues, or other legally available funds, in amounts sufficient to make all required payments into the Series Subaccounts in the Debt Service Fund shall have been budgeted, appropriated and actually deposited into the Series Subaccounts in the Debt Service Fund and until all Reserve Account Credit Facility Costs have been paid in full. . Notwithstanding the foregoing covenant of the County, the County does not covenant to maintain any services or programs now provided or maintained by the County which generate Non -Ad Valorem Revenues. The foregoing covenant to budget and appropriate does not create any lien upon or pledge of Non -Ad Valorem Revenues until budgeted, appropriated, and deposited into the Series Subaccounts in the Debt Service Fund, nor does it preclude the County from pledging in the future any specific portion of its Non -Ad Valorem Revenues, nor does it require the County to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Registered Owners a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the County. This covenant to budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of Direct Obligations secured by a pledge of all or any specified portion of Non -Ad Valorem Revenues heretofore or hereafter entered into (including the payment of debt service on bonds and other debt instruments) subject to the limitations set forth in Subsections (B) and (C) below; provided, however, this covenant to budget and appropriate for the purposes and in the mariner stated herein shall have the effect of making available for the payment of Debt Service on the Bonds and Reserve Account Credit Facility Costs, in the manner described herein, sufficient amounts of Non -Ad Valorem Revenues and of placing on the Board a positive duty to budget and appropriate, by amendment if necessary, amounts sufficient to meet its obligations hereunder; 33 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM subject, however, in all respects to the restrictions of Section 129.03, Florida Statutes, which requires a balanced budget, and Section 125.07, Florida Statutes, which prohibits a board of county commissioners from expending or contracting for the expenditure in any Fiscal Year more than the amount budgeted in each fund's budget; and subject, further, to the payment of the cost of maintaining services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. (B) Anti -Dilution Of Non -Ad Valorem Revenues. The County will not issue any Direct Obligations unless the average of the Non -Ad Valorem Revenues for the preceding two (2) Fiscal Years is at least two times (2x) the total of (a) the Maximum Annual Debt Service on the Series 2000A Direct Obligations and the proposed Direct Obligations, (b) the Maximum Annual Debt Service on the Bonds, and (c) any Reserve Account Credit Facility Costs then due and owing. (C) Issuance Of Other Additional Bonds. The County may issue Additional Bonds for the purpose of financing Project Costs provided that the test set forth in Section 5.01(B) above is satisfied taking into account the Debt Service on such Additional Bonds, as evidenced by the certificate of the Finance Director based upon the results of the audit of the Non -Ad Valorem Revenues for the most recent Fiscal Year for which such audit has been prepared. The County may issue Additional Bonds for refunding purposes without regard to the test set forth in Section 5.01(B) provided that the Maximum Annual Debt Service is not increased as a result thereof. The County will not issue any other obligations payable from any Series Pledged Revenues nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or any other charge having priority to or being on a parity with the lien of the Bonds issued pursuant to this Original Bond Resolution and the interest thereon, upon any Series Pledged Revenues except as may be provided in the applicable Series Resolution. Any other obligations issued by the County, in addition to the Bonds authorized by this Original Bond Resolution, shall contain an express statement that such obligations are junior, inferior, and subordinate in all respects to the Bonds issued pursuant to this Original Bond Resolution as to lien on and source and security for payment from any Series Pledged Revenues, and in all other respects. (D) Series Additional Revenues. The County will take all steps necessary to continue to receive any Series Additional Revenues and will diligently pursue collection of Series Additional Revenues and enforce agreements for payment of Series Addition Revenues, as more particularly provided in the applicable Series Resolution. (E) Payment Of Bonds. The County will pay the principal of, premium, if any, and interest on the Bonds when due. (F) Books And Records. The County will keep books and records of Series Pledged Revenues and Series Additional Revenues as separate and distinct books, records and accounts of the County, and in which complete and correct entries shall be made in accordance with Accounting Principles of all transactions relating to the Series Pledged Revenues, the Series Additional Revenues, and the Series Funds and Accounts; any Registered Owner shall have the right at all reasonable times to inspect any and all such books, records, and accounts. 34 4454v4/28902-00068/R.AUTH NON AD BONDS 03/29/0015:22 PM The County shall, within two hundred and ten (210) days after the close of each Fiscal Year, cause the books, records and accounts of the Series Pledged Revenues, the Series Additional Revenues and the Funds and Accounts for such preceding Fiscal Year to be properly audited by the Independent Certified Public Accountants. Upon written request, the County shall mail and make available for inspection, the audit report, or a reasonable summary thereof, to any Registered Owner. The County shall provide a copy of such report as a matter of course to each Rating Agency and Credit Facility Issuer. (G) Tax Compliance. The County covenants that it will use, and will restrict the use and investment of, the proceeds of the Bonds in such manner and to such extent as may be necessary so that (a) the Bonds will not (i) constitute private activity bonds, arbitrage bonds, or hedge bonds under Sections 141, 148 or 149 of the Code or (ii) be treated other than as bonds to which Section 103(a) of the Code applies, and (b) the interest on the Bonds will not be treated as a preference item under Section 57 of the Code. The County further covenants (a) that it will take or cause to be taken such actions that may be required of it for the interest on the Bonds to be and remain excluded from gross income for federal income tax purposes, (b) that it will not take or authorize to be taken any actions that would adversely affect that exclusion, and (c) that it, or persons acting for it, will, among other acts of compliance, (i) apply the proceeds of the Bonds to the governmental purposes from which they were issued, (ii) restrict the yield on investment property, (iii) make timely payments of Rebate Amounts to the federal government, (iv) maintain books and records and make calculations and reports, and (v) refrain from certain uses of those proceeds and, as applicable, of property financed with such proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under the Code. (H) Continuing Disclosure. The County, in order to assist an Initial Purchaser in complying with the Continuing Disclosure Rule, will execute prior to the time it delivers a Series to the Initial Purchaser and will comply with and carry out all of the provisions of, a Continuing Disclosure Certificate. Notwithstanding any other provision of this Original Bond Resolution, failure of the County to comply with such Continuing Disclosure Certificate shall not be considered an Event of Default hereunder. A Continuing Disclosure Certificate shall be enforceable by the Registered Owners of a Series to which the certificate relates in the event that the County fails to cure a breach thereunder within a reasonable time after written notice from a Registered Owner to the County that a breach exists. Any rights of the Registered Owners of a Series to enforce the provisions of this covenant shall be on behalf of all Registered Owners of the Series and shall be limited to a right to obtain specific performance of the County's obligations under the Continuing Disclosure Agreement. Section 5.02. Events Of Default Defined. The following shall be Events of Default under this Resolution: (A) failure by the County to pay Debt Service on Bonds on the applicable Interest Payment Date or Principal Maturity Date; 35 03/29/00/5:22 PM 4454v4/28902-00068/R.AUTH NON AD BONDS (B) failure by the County to include in its annual budget (by amendment, if necessary) and to appropriate and deposit into the Debt Service Fund at the times required hereby of the amounts of Non -Ad Valorem Revenues required by the terms of the Covenant; (C) failure by the County to observe and perform any other covenant, condition or agreement on its part to be observed or performed under this Resolution for a period of thirty (30) days after written notice of such failure shall have been delivered to the County by the Registered Owners, unless the Registered Owners shall agree in writing to an extension of such time; (D) the filing of a petition against the County under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, if an order for relief is entered under such petition or such petition is not dismissed within sixty (60) days of such filing; (E) the filing by the County of a voluntary petition in bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or the consent by the County to the filing of any petition against it under such law; or (F) the admission by the County of its insolvency or bankruptcy or its inability to pay its debts as they become due or that it is generally not paying its debts as such debts become due, or the County's becoming insolvent or bankrupt or making an assignment for the benefit of creditors, or the appointment by court order of a custodian (including without limitation a receiver, liquidator or trustee) of the County or any of its property taking possession thereof and such order remaining in effect or such possession continuing for more than sixty (60) days. Section 5.03. Remedies. (A) In the manner hereafter provided, any Registered Owner, any Credit Facility Issuer, or any trustee acting for Registered Owners, may, either at law or in equity, by suit, action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and enforce any and all rights, either under the laws of the State or granted and contained in this Original Bond Resolution and may enforce and compel the performance of all duties required by this Original Bond Resolution or by any applicable statutes to be performed either by the County or by any officer thereof, including the receipt and application of the Series Pledged Revenues, the taking of any and all actions necessary to entitle the County to receive the Series Pledged Revenues, and the honoring of the Covenant. (B) So long as any Credit Facility is in effect with respect to any Bonds, the Credit Facility Issuer shall be deemed to be the Registered Owner of such Bonds for purposes of exercising all rights and privileges available to Registered Owners. (C) If an Event of Default shall occur, and in the further event that any such default shall continue for a period of thirty (30) days after the giving of notice thereof to the County, the Registered Owners of not less than twenty-five percent (25%) in aggregate principal amount of Bonds Outstanding, or any trustee appointed to represent Registered Owners as hereinafter provided, shall be entitled as of right to the appointment of a receiver of the Series Pledged Revenues in an appropriate judicial proceeding in a court of competent jurisdiction, whether or not 36 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM `mod '""10� such Registered Owners or trustee is also seeking or shall have sought to enforce any other right or exercise any other remedy in connection with Bonds. The receiver so appointed shall forthwith, directly or by his agents and attorneys, take possession of the Funds and Accounts established hereunder, and shall hold, manage and control such Funds and Accounts, and in the name of the County shall exercise all the rights and powers of the County with respect to such Funds and Accounts as the County itself might do. Such receiver shall collect and receive all Series Pledged Revenues and shall maintain and apply the Funds and Accounts established by this Original Bond Resolution in the manner provided herein, and comply, under the jurisdiction of the court appointing such receiver, with all of the provisions of this Original Bond Resolution. Whenever all principal that is due upon the Bonds, together with interest thereon, and all deposits required under any covenants of this Original Bond Resolution into the Debt Service Fund, and all payments due under any Reserve Account Credit Facility Agreement shall have been paid, and all defaults under the provisions of this Original Bond Resolution shall have been cured, possession of the Funds and Accounts created hereby shall be surrendered to the County upon the entry of an order of the court to that effect. Upon any subsequent default, any Registered Owner, or any trustee appointed for Registered Owners as hereinafter provided, shall have the right to secure the further appointment of a receiver upon any such subsequent default. Such receiver shall, in the performance of the powers hereinabove conferred upon him, be under the direction and supervision of the court making such appointment, shall at all times be subject to the orders and decrees of such court and may be removed thereby and a successor receiver appointed in the discretion of such court. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any function not specifically set forth herein. Any receiver appointed as provided herein shall hold and apply the Funds and Accounts established hereunder in the name of the County, any Credit Facility Issuer for the Bonds, and the Registered Owners as their interests shall appear. Such receiver shall have no power to sell, assign, mortgage, or otherwise dispose of any assets of any kind or character belonging or pertaining to the County, but the authority of such receiver shall be limited to the possession, and control, including the disbursement of moneys from, the funds and accounts established hereby, for the sole purpose of the protection of the County, any Credit Facility Issuer and the Registered Owners as their interests shall appear. The Registered Owners of Bonds in an aggregate principal amount of not less than twenty-five per centum (25%) of Bonds then Outstanding may, by a duly executed certificate in writing, appoint a trustee for Registered Owners with authority to represent such Registered Owners in any legal proceedings for the enforcement and protection of the rights of such Registered Owners. Such certificate shall be executed by such Registered Owners or their duly authorized attorneys or representatives, and shall be filed in the office of the Clerk and with the Paying Agent. 37 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM ARTICLE VI MISCELLANEOUS PROVISIONS Section 6.01. Sale Of Bonds. Bonds may be issued and sold at public sale, private placement, or negotiated sale at one time or in Series or Installments from time to time, and at such price or prices consistent with the provisions of the Act and the laws of the State of Florida and the requirements of this Original Bond Resolution. Section 6.02. Notices To Credit Facility Issuer; Credit Facility Issuer Deemed Sole Bondowner And A Party In Interest. Whenever a Credit Facility Issuer shall be providing a Credit Facility with respect to any Bonds issued hereunder, such Credit Facility Issuer shall be entitled to receive and shall be provided by certified mail all notices and reports which are required herein to be prepared and to be sent or made available to Registered Owners of such Bonds and a full transcript of any proceedings relating to the execution of any supplemental resolution hereto. Notwithstanding any other provisions of this Original Bond Resolution to the contrary, the Credit Facility Issuer, so long as it is not in default under the Credit Facility, shall be deemed to be the sole Registered Owner of all Bonds insured by it for purposes of exercising rights, consents or remedies granted under this Original Bond Resolution. For any amendment or modification of this Original Bond Resolution for which a Credit Facility Issuer shall consent in lieu of the Registered Owners, notice of such amendment or modification along with a copy of such supplemental resolution shall be sent to S&P at least 20 days prior to the adoption of such amendment or modification. Any other provision of this Original Bond Resolution to the contrary notwithstanding, if under any provision hereof any action is to be taken only with the consent or approval of a Credit Facility Issuer, and if at the time such consent or approval would otherwise be called for such Credit Facility Issuer is not in compliance with its payment obligations of or is contesting its obligations under its Credit Facility or Reserve Account Credit Facility, then the rights of such Credit Facility Issuer to any consent or approval hereunder shall be suspended while any such noncompliance or contest is ongoing. Except as expressly provided herein to the contrary, neither the County nor the Paying Agent shall take the Credit Facility or Reserve Account Credit Facility into effect in determining whether the rights of Registered Owners are adversely affected by actions taken pursuant to the terms and provisions of this Original Bond Resolution. The Credit Facility Issuer shall be deemed to be a party in interest and shall be entitled to intervene in judicial proceedings that affect the Bonds or the security therefor. Any trustee, the Paying Agent and the County shall accept notice from the Credit Facility Issuer that an Event of Default hereunder has occurred. Section 6.03. No Recourse. No recourse shall be had for the payment of the principal of, premium, if any, and interest on the Bonds, or for any claim based thereon or on this Original Bond Resolution, against any present or former member or officer of the Board or any person executing the Bonds. 38 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM 0 �V11/ Section 6.04. Defeasance. Notwithstanding the foregoing provisions of this Original Bond Resolution, if, at any time, the County shall have paid, or shall have made provision for payment of, the principal, interest and redemption premium, if any, with respect to any Bonds, then, and in that event, the pledge of and lien on the Series Pledged Revenues in favor of the Registered Owners of such Bonds shall be no longer in effect. For purposes of the preceding sentence, deposit of cash and noncallable Defeasance Obligations in irrevocable trust with a banking institution or trust company, for the sole benefit of the Registered Owners of such Bonds, in respect to which such Defeasance Obligations, the principal and interest received will be sufficient, without reinvestment, together with any cash so deposited, in the opinion of an Independent Certified Public Accountant, to make timely payment of the principal of, interest, and redemption premiums, if any, on such outstanding Bonds designated to be defeased, and receipt of an opinion of Bond Counsel to the effect that such deposit has no adverse effect on the exclusion from gross income for federal income tax purposes of interest on the Bonds, shall be considered "provision for payment". Nothing herein shall be deemed to require the County to call any of the Outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the County in determining whether to exercise any such option for early redemption. Notwithstanding the foregoing, (a) amounts paid by a Credit Facility Issuer shall not be deemed paid for the purposes of this Section and shall remain due and owing hereunder until paid in accordance with this Original Bond Resolution; and (b) no defeasance shall be deemed to occur hereunder with respect to the County's obligation to pay Reserve Account Credit Facility Costs as long as any such costs are due and owing under a Reserve Account Credit Facility Agreement. Section 6.05. Modification Or Amendment. (A) Subject to the provisions of Paragraph (C) below, no material modification or amendment of this Original Bond Resolution or of any resolution amendatory hereof or supplemental hereto, adverse to the interests of the Registered Owners of a Series, may be made without the consent in writing of the Registered Owners of fifty-one percent (51 %) or more in principal amount of the Bonds of the Series then Outstanding. (B) The County, from time to time and at any time and without the consent or concurrence of any Registered Owners of any Bonds, may adopt a resolution amendatory hereof or supplemental hereto, if the provisions of such resolution shall not adversely affect the rights of the Registered Owners of the Bonds then outstanding, for any one or more of the following purposes: (1) to make any changes or corrections in this Original Bond Resolution which the County shall have been advised by counsel are required for the purpose of curing or correcting any ambiguity or defect or inconsistent provision or omission or mistake or manifest error contained herein, or to insert in this Original Bond Resolution such provisions clarifying matters or questions arising hereunder as are necessary or desirable; (2) to add additional covenants and agreements of the County for the purpose of further securing the payment of the Bonds; (3) to surrender any right, power or privilege reserved to or conferred upon the County by the terms hereof, 39 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM (4) to confirm by further assurance any lien, pledge or charge created or to be created by the provisions hereof; (5) to grant to or confer upon the Registered Owners any additional right, remedies, powers, authority or security that lawfully may be granted to or conferred upon them; (6) to obtain a Credit Facility and/or Reserve Account Credit Facility for any Series or installment of Bonds; (7) to obtain a Rating Category for any Series or installment of Bonds; (8) to assure compliance with the Code; (9) to provide such changes which, in the opinion of the County, based upon such certificates and opinions of Independent Certified Public Accountant, Bond Counsel, financial advisors or other appropriate advisors as the County may deem necessary or appropriate, will not materially adversely affect the security of the Registered Owners, including, but not limited to, such changes as may be necessary in order to adjust the terms hereof so as to facilitate the issuance of other types of obligations, including, but not limited to, bonds, notes, certificates, warrants or other evidences of indebtedness, which constitute Subordinate Debt; (10) to modify any of the provisions of this Original Bond Resolution in any other respects, provided that such modification shall not be effective (a) with respect to the Bonds outstanding at the time such amendatory or supplemental resolution is adopted or (b) shall not be effective (i) until the Bonds Outstanding at the time such amendatory or supplemental resolution is adopted shall cease to be Outstanding, or (ii) until the Registered Owners thereof consent thereto. (C) The foregoing provisions of (A) and (B) notwithstanding, (1) no consent of any Registered Owners shall be required with respect to modification or amendment as to which modification or amendment the Credit Facility Issuer has provided its prior written consent; (2) no modification or amendment pursuant to paragraph (A) above shall be effective without the prior written consent to such modification or amendment of the Credit Facility Issuer; (3) the Credit Facility Issuer must be given notice of any amendments pursuant to paragraph (B) above; and (4) no modification or amendment shall (a) permit a change in the maturity of Bonds, a reduction in the rate of interest thereon, a reduction in the amount of the principal obligation represented thereby or a reduction in the redemption premium required to be paid in connection with any optional redemption thereof; (b) affect the unconditional promise of the County to pay the principal of and interest on the Bonds, as the same shall become due; or (c) reduce the percentage of Registered Owners of Bonds above required to consent to such material modifications or amendments without the consent of the Registered Owners of all Bonds of the affected Series. 40 4454v4/28902-00068/R.AUTH NON AD BONDS 03/29/00/5:22 PM fir, 1400( A notice and a copy of any amendment or modification shall be sent to each Rating Agency at least 20 days prior to the effective date thereof. Section 6.06. Severability Of Invalid Provisions. If any one or more of the covenants, agreements or provisions of this Original Bond Resolution should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of this Original Bond Resolution or of the Bonds. Section 6.07. Repealing Clause. All resolutions of the County, or parts thereof, in conflict with the provisions of this Original Bond Resolution are to the extent of such conflict, hereby superseded and repealed. Section 6.08. Execution Of Documents. The Chairman and Clerk and such other officers of the County are hereby authorized to execute and deliver documents and certificates, or any offering materials, in addition to those expressly authorized by this Original Bond Resolution, and to take such further action as they shall deem reasonably necessary or appropriate to effect the issuance of the Bonds, and other transactions contemplated by this Original Bond Resolution not inconsistent herewith. 41 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/522 PM .'M Section 6.09. Effective Date. This Original Bond Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a meeting duly called and held this day of , 2000. (SEAL) By: Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners 42 ST. LUCIE COUNTY, FLORIDA Chairman, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 03/29/00/5:22 PM 4454v4/28902-00068/R-AUTH NON AD BONDS A EXHIBIT A FORM OF BOND No. R- $ UNITED STATES OF AMERICA STATE OF FLORIDA ST. LUCIE COUNTY PUBLIC IMPROVEMENT REVENUE BOND, SERIES RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above, the Principal Amount shown above, upon presentation and surrender hereof at the corporate trust office of , as Registrar and Paying Agent, and to pay solely from such funds, interest thereon from the date of this Bond or from the most recent Interest Payment Date to which interest has been paid, whichever is applicable, until payment of such sum, at the Rate of Interest per annum set forth above until payment of the Principal Amount, such interest to the maturity hereof being payable on and semiannually thereafter on 1 and 1 of each year by check or draft mailed to the Registered Owner at his address as it appears, at 5:00 p.m. Eastern Time on the fifteenth day of the month preceding the applicable Interest Payment Date, on the registration books of the County kept by the Registrar; provided, that for any Registered Owner of One Million Dollars or more in principal amount of Bonds, such payment shall, at the written request and at the expense, if any, of such Registered Owner be by wire transfer or other medium acceptable to the County and to such Registered Owner. The principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of America. This Bond is one of an authorized Series of Bonds, issued in the aggregate principal amount of $ , of like date, tenor and effect, except as to number, interest rate, and date of maturity, issued to finance the cost of I all under the authority of and in full compliance with Chapter 125, Florida Statutes, County Ordinance No. 87-77, as amended, and other applicable provisions of law, and Resolution No. , adopted by the Board of County A-1 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM **W ` 40 Commissioners (the 'Board") of the County on (the "Original Bond Resolution"), and is subject to all the terms and conditions of this Original Bond Resolution. Capitalized terms used herein shall have the meaning specified in this Original Bond Resolution. The Bonds and the premium, if any, and interest thereon are limited, special obligations of the County payable from and secured solely by (a) Series Additional Revenues (collectively, the "Series Pledged Revenues"), (b) the moneys on deposit from time to time in the Series Subaccounts in the Funds and Accounts created by this Original Bond Resolution, (c) Series Investment Earnings, and (d) legally available non -ad valorem revenues (the "Non -Ad Valorem Revenues") annually budgeted, appropriated and deposited into the Series Subaccounts in the Debt Service Fund. The County has covenanted in the Original Bond Resolution to budget and appropriate and deposit into the Debt Service Fund on an annual basis from Non -Ad Valorem Revenues amounts sufficient, together with the other moneys on deposit therein, to pay the Debt Service on the Bonds as it becomes due and to make certain other payments. This Bond does not constitute a general obligation or indebtedness of the County or a "bond" within the meaning of any constitutional, statutory or charter provision or limitation, and it is expressly agreed by the Registered Owner of this Bond that such Registered Owner shall never have the right to compel the exercise of the ad valorem taxing power of the County, or the taxation of any property of or in the County, for the payment of the principal of and interest on this Bond or for the making of any deposits, or payments provided for in the Original Bond Resolution and the Series Series Resolution. It is further agreed between the County and the Registered Owner of this Bond, that this Bond and the obligation evidenced hereby shall not constitute a lien upon the Series Project or on any other property of or in the County, but shall constitute a lien only on the Series Pledged Revenues, in the manner provided in the Original Bond Resolution and the Series Series Resolution. The County has entered into certain covenants with the Registered Owners of the Bonds of this Series for the terms of which reference is made to the Original Bond Resolution and the Series Series Resolution. The County has reserved the right to defease the lien of the Bonds of this Series upon the Series Pledged Revenues upon making provision for payment of the Bonds as provided in the Original Bond Resolution and the Series Series Resolution. The Bonds or portions thereof maturing in the years to , both inclusive, are not redeemable prior to their stated dates of maturity. The Bonds or portions thereof maturing on 1, in the year and thereafter are redeemable prior to their stated dates of maturity, at the option of the County, as a whole on 1, , or on any date thereafter, or in part on the first Business Day of any month on or after 1, , in such amounts as the County in its discretion shall select and by lot within a maturity if less than a full maturity, from moneys which may be available for such purpose and deposited with the Paying Agent on or before the date fixed for redemption, at the redemption price of par, together with accrued interest on such principal amount to the date of redemption. A-2 4454v4/28902-00068/R.AUTH NON AD BONDS 03/29/00/5:22 PM �ftw *r0' The Bonds maturing on , are subject to mandatory redemption prior to maturity, in part, by lot, from moneys on deposit in the Bond Amortization Account, at a redemption price equal to the unpaid principal amount of the Bonds to be redeemed, plus interest accrued thereon to the date of redemption, on November 1 in the following years and in the following amounts: Amortization Years Installments *Maturity Notice of such redemption shall be given in the manner provided in this Original Bond Resolution. This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code -Investment Securities Laws of the State of Florida, and the Registered Owner and each successive Registered Owner of this Bond, shall be conclusively deemed by his acceptance hereof to have agreed that this Bond shall be and have all the qualities and incidents of negotiable instruments under the laws of the State of Florida. This Bond may be transferred only upon the books of the County kept by the Registrar upon surrender thereof at the principal office of the Registrar with an assignment duly executed by the Registered Owner or his duly authorized attorney, but only in the manner, subject to the limitations and upon payment of a sum sufficient to cover any tax, fee or governmental charge, if any, that may be imposed in connection with any such transfer, as provided in this Original Bond Resolution. Upon any such transfer, there shall be executed in the name of the transferee, and the Registrar shall deliver, a new registered Bond or Bonds of authorized denominations and in the same aggregate principal amount, series, maturity and interest rate as this Bond. In like manner, subject to such conditions and upon the payment of a sum sufficient to cover any tax, fee, or governmental charge, or other expenses, if any, that may be imposed in connection with any such exchange, the Registered Owner of any Bond or Bonds may surrender the same (together with a written instrument of transfer satisfactory to the Registrar duly executed by the Registered Owner or his duly authorized attorney) in exchange for an equal aggregate principal amount of fully registered bonds in authorized denominations and of the same series, maturity and interest rate as this Bond. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond, exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of A-3 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM KM en the State of Florida applicable thereto, and that the issuance of this Bond, and the issue of Bonds of which this Bond is one, does not violate any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under this Original Bond Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar. IN WITNESS WHEREOF, St. Lucie County, Florida, has issued this Bond and has caused the same to be signed by the manual or facsimile signature of the Chairman or Vice -Chairman of its Board of County Commissioners and the corporate seal of the County or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon and attested and countersigned by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board, all as of the _ day of (SEAL) ATTEST: Clerk of the Circuit Court, ex officio Clerk of the Board ST. LUCIE COUNTY, FLORIDA Chairman, Board of County Commissioners A-4 4454v4/28902-00068/R.AUTH NON AD BONDS 03/29/00/522 PM M M CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within -mentioned Resolution. Date of Authentication (as Registrar) By: Authorized Signature STATEMENT OF INSURANCE [INSERT STATEMENT OF INSURANCE, IF ANY] A-5 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM 1 The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not of tenants in common UNIF GIF MIN ACT - (Cust.) Custodian for (Minor) Additional abbreviations may also be used although not listed above. ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers to (Please insert Social Security or other Identifying Number of Assignee) the within Bond and does hereby irrevocably constitute and appoint the Bond Trustee as his agent to transfer the Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment Signature guaranteed: correspond with the name of the registered owner as it appears on the face of the within Bond in every particular, without alteration or enlargement or any change whatever. (Commercial Bank, Trust Company or Member Firm of the New York Stock Exchange) (Authorized Officer) D 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM cm m SERIES 2000A PROJECT P— PLII� &f� 4v-j 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/522 PM M En EXHIBIT C SERIES 2000A INTERLOCAL AGREEMENTS C-1 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM m EXHIBIT D SERIES 2000A BONDS DETAILS D-1 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:22 PM *kwe 0 EXHIBIT E BOND REGISTRAR AND PAYING AGENT AGREEMENT E-1 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:43 PM m M EXHIBIT F SERIES 2000A BOND PURCHASE CONTRACT F-1 4454v4/28902-00068/R-AUTH NON AD BONDS 03/29/00/5:43 PM M M St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 BOND PURCHASE AGREEMENT 2000 Re! St. Lucie County, Florida Public Improvement Revenue Bonds, Series 2000A Ladies and Gentlemen: SunTrust Equitable Securities (the "Representative") and Raymond James & .Associates, Inc. (collectively, the "Underwriters' offers to enter into this Bond Purchase Agreement (the "Agreement") with you (the "Issu&'), which, upon your acceptance of this offer, will be binding upon you and upon the Underwriters. This offer is made subject to your acceptance on or before 11:59 p.m., prevailing local time, on the date hereof, and if not so accepted, will be subject to withdrawal by the Underwriters upon notice to the Issuer at any time prior to the acceptance hereof by you. 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements set forth herein, the Underwriters hereby agree to purchase from the Issuer on the Closing Date (hereinafter defined) for offering to the public and the Issuer hereby agrees to sell and deliver to the Underwriters for such purpose, all (but not less than all) of the Issuer's $ aggregate principal amount of Public Improvement Revenue Bonds, Series 2000A (the "2000A Bonds"). The 2000A Bonds shall be dated as of = �nl 1, 2000, shall be issued as such Serial 'Bonds and/or Term Bonds, shall be issued in such principal amounts and shall bear such rates of interest as set forth in Schedule I attached hereto. The 2000A Bonds are subject to early redemption as set forth on Schedule II attached hereto. Interest on the 2000A Bonds shall be payable on October 1, 2000, and on each April 1 and October 1 thereafter to maturity. The aggregate purchase price of the 2000A Bonds shall be $ (which takes into account an original issue discount of 3 and an Underwriters' discount of $), plus accrued interest on the 2000A Bonds from the dated date of ^ April 1, 2000 to the date of Closing (as hereinafter defined). The 2000A Bonds shall initially be offered to the public at such prices or yields (including discounts and premiums) as indicated on Schedule I attached hereto. The Series 2000A Bonds are being issued, pursuant to Chapter 125, Part I, Florida Statutes, County Ordinance No. 87-77, as amended (the "Ordinance"), and other applicable provisions of law (collectively, the "Act', and pursuant to Resolution No. 00-_ of the Board of County Commissioners, adopted on . 2000 (the "Resolution'. Any capitalized temps used but not otherwise defined herein shall have the respective meanings assigned such terms in the Resolution. The 2000A Bonds are being issued (1) to retire a note issued to provide temporary financing for the acquisition, construction and installation of an 800MHz Radio System (,the "2000A Projecel for the Issuer and the Series 2000A Public Agencies, (ii) —^ purchase a Reserve Account Credit Facility for the Series 2000A Bonds (the ""Surety Bond"1, (iii) pay expenses of issuance of the Series 2000A Bonds and iiv;pay **raining, costs of the Series 2000 Project. ru7l GL Nw The Series 2000A Bonds are special, limited obligations of the County, the principal, premium, if any, and interest on the Series 2000A Bonds are payable from and secured solely by a lien upon and pledge of (a) Non -Ad Valorem Revenues annually budgeted and appropriated by the Board and deposited into the Debt Service Fund, (b) _ moneys on deposit from time to time in the Funds and Accounts, (c) Investment Eamings^ n L4d)-Radio System Fines and _ amounts paid to the County by the Series 2000A Public Agencies pursuant to the Series 2000A Interlocal Agreements (co&ctively, the Medzed Reyenuesj. The County has covenanted to budget and appropriate the necessary amounts of Non -Ad Valorem Revenues to make the required deposits into the Debt Service Fund (the "Covenant"). Payment of the principal of and interest on the 2000A Bonds, when due, will be insured by a municipal bond insurance policy (the "Policy") issued by ^ MBIA Insurane _ Corporation (the "Insurer") simultaneously with delivery of the 2000A Bonds, The Underwriters agree to make a public offering of the 2000A Bonds at the initial offering prices or yields set forth in Schedule I attached hereto; provided, however, the Underwriters reserve the right to make concessions to dealers and to change such initial offering prices or yields as the Underwriters shall deem necessary in connection with the marketing of the 2000A Bonds. 2. Good Faith Deposit. Delivered to you herewith, as a good faith deposit, is a good faith check of the Representative payable to the order of the Issuer in the amount of $ as security for the performance by the Underwriters of their obligation to accept and pay for the 2000A Bonds at Closing (as hereinafter defined) in accordance with the provisions hereof. In the event that you accept this offer, said check will be held uncashed by the Issuer as a good faith deposit. Except as otherwise provided herein, at the Closing, the check will be returned to the Representative. In the event you do not accept this offer, the check shall be immediately returned to the Representative. If the Underwriters fail (other than for a reason permitted hereunder) to accept and pay for the 2000A Bonds at the Closing as provided herein, the check may be cashed by you and the proceeds retained by you as and for full liquidated damages for such failure and for any and all defaults hereunder on the part of the Underwriters, and the retention of such amounts shall constitute a full release and discharge of all claims and damages for such failure and for any and all such defaults hereunder on.the part of the Underwriters. In the event that the Issuer fails to deliver the 2000A Bonds at the Closing, or if the Issuer is unable at or prior to the Closing date to satisfy or cause to be satisfied the conditions to the obligations of the Underwriters contained in this Agreement, or if the obligations of the Underwriters contained herein shall be canceled or terminated for any reason permitted by this Agreement, the Issuer shall be obligated to immediately return the check to the Underwriters. 3. Offering. It shall be a condition of your obligation to sell and deliver the 2000A Bonds to the Underwriters, and the obligation of the Underwriters to purchase and accept delivery of the 2000A Bonds, that the entire initial aggregate principal amount of the 2000A Bonds shall be sold and delivered by you and accepted and paid for by the Underwriters at the Closing. 4. Preliminary Official Statement and Official Statement. The Issuer hereby confirms that it has heretofore made available to the Underwriters a Preliminary Official Statement of the Issuer relating to the 2000A Bonds dated ^ March . 2000 (which, together with the cover page and 2 - - -' � �-4 COIO/ LG appendices attached thereto, is herein called the "Preliminary Official Statement,% and authorizes the distribution thereof to prospective purchasers and investors. Within seven business days of the acceptance hereof by the Issuer, the Issuer shall cause to be delivered such reasonable number of conformed copies as the Underwriters shall request of the Official Statement, dated the date hereof (which, together with the cover page and appendices attached thereto, is herein called the "Official Statement"), executed on behalf of the Issuer by the Chairman of the Board of County Commissioners (the "Chairman"), the County Administrator, or such other official which is acceptable to the Underwriters, which shall be sufficient in number to comply with paragraph (b)(4) of Rule 1Sc2-12 of the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended (the "Rule' and with Rule G-32 and all other applicable rules of the Municipal Securities Rulemaking Board (the "MSRB"). The Issuer, by its acceptance hereof, ratifies and approves the Preliminary Official Statement and ratifies and approves and authorizes the Underwriters to use the Official Statement and all documents described therein in connection with the public offering and the sale of the 2000A Bonds. In accordance with Section 218.385, Florida Statutes, the Underwriters hereby disclose the required information as provided in Attachment I attached hereto, and the Issuer hereby discloses a truth -in -bonding statement in Section 6(w) hereof. 5. Use of Documents. You hereby authorize the use by the Underwriters of (a) the Ordinance and the Resolution, (b) the Preliminary Official Statement, (c) the Official Statement (including any supplements or amendments thereto), (d) the Continuing Disclosure Certificate (as hereinafter defined) and (e) any other documents related to the transactions contemplated in the Official Statement in connection with the public offering, sale and distribution of the 2000A Bonds. 6. Representations, Warranties and Agreements. The Issuer hereby represents, warrants and agrees as follows: (a) As of the date of the Official Statement and at the time of Closing, the statements and information contained in the Official Statement will be true, correct and complete in all material respects and the Official Statement will not omit any statement or information which should be included therein for the purposes for which the Official Statement is to be used or which is necessary to make the statements or information contained in the Official Statement, in light of the circumstances under which they were made, not misleading. (b) Betwcen the date of this Agreement and the time of Closing, other than as disclosed in the Official Statement, the Issuer will not execute any bonds, notes or obligations for borrowed money, other than the 2000A Bonds, or obligations which pledge either the full faith and credit of the Issuer or the Pledged Revenues : or are secured by the Covenant, without giving prior written notice thereof to the Underwriters. (c) The Issuer is, and will be at the date of Closing, duly organized and validly existing as a political subdivision of the State of Florida (the "State") under the Constitution and laws of the State with the powers and authority set forth in the Act. (d) The Issuer has full legal right, power and authority to: (1) enter into this Agreement and the Continuing Disclosure Certificate to be dated = AZtri120. 2000 or such other date as determined 3 - - -- -� _ - ,•� 19dI33010001 P07i22 by the Issuer (the "Continuing Disclosure Certificate")^, (1i) enact the Ordinance and adopt the Resolution, (in) sell, issue and deliver the. 2000A Bonds to the Underwriters as provided herein, and (iv) carry out and consummate the transactions contemplated by this Agreement, the Continuing Disclosure Certificate, the Resolution and the Official Statement and the Issuer has complied, and at the Closingwin be in compliance, in all respects, with the terms of the Act and with the obligations on its part in connection with the issuance of the 2000A Bonds contained in the Resolution, the 2000A Bonds, this Agreement and the Continuing Disclosure Certificate. (e) By all necessary official action, the Issuer has duly adopted the Resolution, has duly authorized and approved the Official Statement, has duly authorized and approved the execution and delivery of, and the performance by the Issuer, of this Agreement and the Continuing Disclosure Certificate, and all other obligations on its part in connection with the issuance of the 2000A Bonds and the consummation by it of all other transactions contemplated by this Agreement in connection with the issuance of the 2000A Bonds. (� When delivered to and paid for by the Underwriters at the Closing in accordance with the provisions of this Agreement, the 2000A Bonds will have been duly authorized, executed, issued and delivered and will constitute legal, valid and binding obligations of the Issuer in conformity with the Act and the Resolution, and shall be entitled to the benefits of the Resolution. (g) The enactment of the Ordinance, the adoption of the Resolution and the authorization, execution and delivery of this Agreement, the Continuing Disclosure Certificate and the 2000A Bonds, and compliance with the provisions hereof and thereof will not conflict with, or constitute a breach of or default under any law, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the Issuer was or is subject, as the case may be, nor will such adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer, or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Ordinance or the Resolution. (h) As of the date hereof and at the time of Closing, the Issuer will be in compliance in all respects with the covenants and agreements contained in the Resolution and no ^ Event of ^ Default and no event which, with the lapse of time or giving of notice, or both, would constitute an _Event of" Default under the Resolution will have occurred or be continuing. (i) Except as provided in the Official Statement, all approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the Issuer of its obligations hereunder and its obligations under the Resolution have been obtained and are in full force and effect. 0) The Issuer is lawfully empowered to pledge and grant a lien upon the Pledged Revenues ^ for payment of the principal of and interest on the 2000A Bonds and to make the Covenant. (k) Except as disclosed in the Official Statement, to the best knowledge of the Issuer, as of the date hereof and as of Closing, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or threatened against the Issuer, affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of 4 03 1D=bI83010001 P98/22 the 2000A Bonds, or the pledge of and lien on the Pledged Revenues ^ created by the Resolution Qr the maldn,g of tbC Covenant or contesting or affecting as to the Issuer the validity or enforceability in any respect relating to the 2000A Bonds, the Ordinance, the Resolution, this Agreement, or the Continuing Disclosure Certificate, or contesting the tax-exempt status of interest on the 2000A Bonds, or contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment to either, or contesting the powers of the Issuer or any authority for the issuance of the 2000A Bonds, the enactment of the Ordinance or adoption of the Resolution or the execution and delivery by the Issuer of this Agreement or the Continuing Disclosure Certificate. (1) The Issuer will furnish such information, execute such instruments and take such other action in cooperation with the Underwriters as the Underwriters may reasonably request in order to (i) qualify the 2000A Bonds for offer and sale under the "blue sky" or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriters may designate, and (ii) determine the eligibility of the 2000A Bonds for investment under the laws of such states and other jurisdictions, and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the 2000A Bonds; provided, however, that the Issuer shall not be required to execute a general or special consent to service of process or qualify to do business in connection with any such qualification or determination in any jurisdiction. (m) The Issuer will not take or omit to take any action, which action or omission will in any way cause the proceeds from the sale of the 2000A Bonds to be applied in a manner contrary to that provided for in the Resolution and as described in the Official Statement. (n) Except as disclosed in the Preliminary Official Statement, the Issuer is not, and has never been, in default at any time after December 31, 1975, in connection with the payment of principal or interest with respect to an obligation issued or guaranteed by the Issuer. (o) The Issuer has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. (p) By certificate, as of its date, the Preliminary Official Statement was deemed "final" for purposes of the Rule, except for "permitted omissions" as therein defined by an official or officials of the Issuer who was or were theretofore authori2ed to make such certification. (q) Any certificate signed by any official of the Issuer and delivered to the Underwriters shall be deemed to be a representation by the Issuer to the Underwriters as to the statements made therein. (t) If, after the date of this Agreement and until the earlier of (i) 90 days from the end of the "underwriting period" (as defined in the Rule) or (ii) the time when the Official Statement is available to any person from a nationally recognized information repository, but in no case less than 25 days following the end of the underwriting period, any event shall occur which might or would cause the Official Statement to contain any untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they, were made, not misleading, the Issuer shall notify the Representative thereof in writing, and, if in the opinion of the Underwriters, such event requires the preparation and publication of a supplement or amendment to the Official Statement, the Issuer will at its own expense forthwith prepare and furnish to the Underwriters a sufficient number of copies of such amendment or supplement (in form and substance satisfactory to Issuer to the Representative) which will supplement or amend the Official Statement, so that the Official Statement will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances existing at such time, not misleading. (s) if the Official Statement is supplemented or amended as provided herein, at the time of such supplement or amendment thereto up to and including the end of the underwriting period, the Official Statement, as so supplemented.or amended, will not contain any untrue statement of a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Between the. date hereof and Closing, the Issuer will not supplement or amend the Ordinance or the Resolution, this Agreement, the Continuing Disclosure Certificate or the Official Statement without the prior consent of the Underwriters. (t) The representations, warranties and agreements of the Issuer contained herein shall be true and correct and complied with as of the date hereof, as of the date of the Closing, and as if made on the date of the Closing. (u) Subsequent to the respective dates as of which information is given in the Official Statement, and prior to the date of Closing as defined herein, except as set forth in or contemplated by the Official Statement, unless consented to by the Representative in writing, (1) the Issuer has not incurred and shall not have incurred any material liabilities or obligations, direct or contingent, except in the ordinary course of business, and has not entered and shall not have entered into any material transaction not in the ordinary course of business, (2) there has not been and shall not have been any material increase in the long-term debt payable from the Pledged Revenues or _ decrease in the fund equity of the general fund of the Issuer, (3) there has not been and shall not have been any material adverse change in the business or financial position or results of operations of the Issuer, (4) no loss or damage (whether or not insured) to the property of the Issuer has been or shall have been sustained which materially, and adversely affects the operations of the Issuer, and (5) no legal or governmental proceeding affecting the Issuer or the transactions contemplated by this Agreement has been or shall have been instituted or threatened which is material. (v) Other than as disclosed in the Preliminary Official Statement, the Issuer has never Failed to comply with any agreement to provide continuing disclosure information pursuant to the Rule. (w) The Issuer makes the following representations and statements to comply with Section 218.385(2) and (3), Florida Statutes, by making the following truth -in -bonding statement. The Issuer is proposing to issue $ of its 2000A Bonds for the purposes described in Section 1 hereof. The 2000A Bonds are expected to be repaid over a period of approximately years. At a true interest cost rate of %, total interest paid over the life of the 2000A Bonds will be $ (exclusive of accrued interest). The source of repayment for the 2000A Bonds is the pledge of the Pledged Revenues and the Covenant. Authorizing this obligation will result in approximately $ annually (exclusive of accrued interest) of such revenues not being available to finance other services of the Issuer each year for approximately years. 6 V ...3 e-Q l7 C/ 10.J1 Drly l V-01 0JC11 COuuj rlbi LL (x) The Issuer does not have a materially significant unfunded rebate liability owing to the Internal Revenue Service with respect to any tax-exempt obligations previously issued. 7. Closing. At 9:00 a.m., prevailing local time, on = AprilM, 2000, or at such time on such earlier or later date as shall be mutually agreed upon, at the offices of ^ the Issuer, or at such other place mutually agreed upon, you will deliver to the Underwriters the documents, certificates and opinions herein mentioned in Section 8 and the Underwriters will accept such delivery. This deliver is herein called the "Closing." Unless otherwise agreed by the Issuer and the Underwriters, the 2000A Bonds shall be made available to the Underwriters at least one business day before the Closing for purposes of inspecting at the offices of The Depository Trust Company ("DTC"), New York, New York. The 2000A Bonds shall be prepared and delivered as fully registered 2000A Bonds in the name of Cede & Co. The Representative has entered into this Agreement in reliance upon the representations and warranties of the Issuer herein contained and the performance by the Issuer of its obligations hereunder, both as of the date hereof and as of the time of Closing. The obligations of the Underwriters under this Agreement are and shall be subject to the following conditions: (a) The representations, watranties and agreements of the Issuer contained herein shall be true and correct and complied with as of the date hereof and as of the date of the Closing, as if made on the date of the Closing. (b) At the time of the Closing, the Resolution shall be in full force and effect in accordance with its terms and shall not have been amended, modified or supplemented, and the Official Statement shall not have been supplemented or amended, except in any such case as may have been agreed to by the Underwriters. (c) At the time of the Closing, all official action of the Issuer relating to this Agreement and the 2000A Bonds shall be in full force and effect in accordance with their respective terms and shall not have been amended, modified or supplemented in any material respect, except in each case as may have been agreed to by the Underwriters. (d) The Underwriters shall have the right to cancel the agreement contained herein to purchase, to accept delivery of and to pay for the 2000A Bonds by notifying you in writing of their intention to do so if: (i) between the date hereof and the Closing, legislation shall have been enacted by the Congress of the United States, or recommended to the Congress for passage by the President of the United States, or favorably reported for passage to either I -louse of Congress by any Committec of such House, or passed by either House of Congress, or a decision shall have been rendered by a court of the United States or the United States Tax Court, or a ruling shall have been made or a regulation shall have been proposed or made by the Treasury Department of the United States or the Internal Revenue Service, With respect to the federal tax--ation of interest received on obligations of the general character of the 2000A Bonds, which, in the opinion of Counsel for the Underwriters, have, or will have, the effect of making such interest subject to inclusion in gross income for purposes of federal income taxation, except to the extent such interest shall be includable in gross income on the date hereof, or NO-40-GM IU-04 DMV iL=tSI0ouItot0u1 1111/GL W (ii) between the date hereof and the Closing, legislation shall be enacted or any action shall be taken by the Securities and Exchange Commission which, in the opinion of Counsel for the Underwriters, have the effect of requiring the contemplated issuance or distribution of the 2000A Bonds to be registered under the Securities Act of 1933, as amended, or of requiring the Resolution to be qualified under the Trust Indenture Act of 1939, as amended, or (iii) an event described in paragraph (r) of Section 6 hereof shall have occurred which requires an amendment or supplement to the Official Statement and which, in the reasonable opinion of the Underwriters, materially adversely affects the marketability of the 2000A Bonds or the market price thereof, or (iv) in the reasonable opinion of the Underwriters, payment for and delivery of the 2000A Bonds is rendered impracticable or inadvisable because (A) trading in securities generally shall have been suspended on the New York Stock Exchange, Inc., or (B) a general banking moratorium shall have been established by federal, New York or Florida authorities, or (c) a war or escalation of war involving the United States or other national calamity shall have occurred or been declared, or (v) an order, decree or injunction of any court of competent jurisdiction, or any order, ruling, regulation or administrative proceeding by any governmental body or board, shall have been issued or commenced, or any legislation enacted, with the purpose or effect of prohibiting the issuance, offering or sale of the 2000A Bonds as contemplated hereby or by the Official Statement or prohibiting the adoption, enactment or performance of the Resolution, or (vi) the Issuer has, without the prior written consent of the Representative, offered or issued any bonds, notes or other obligations for borrowed money, or incurred any material liabilities, direct or contingent, other than as described in the Official Statement in either case payable from the full faith and credit of the Issuer or the Pledged Revenues or Additional Revenues or by the Covenant, or (vii) the President of the United States, the Office of Management and Budget, the Department, of Treasury, the Internal Revenue Service or any other governmental body, department, agency or commission of the United States or the State shall take or propose to take any action or implement or propose regulations, rules or legislation which, in the reasonable opinion of the Underwriters, materially adversely affects the market price of the 2000A Bonds or causes any material information in the Official Statement, in light of the circumstances under which it appears, to be misleading in any material respect, or (viii) any executive order shall be announced, or any legislation, ordinance, rule or regulation shall be proposed by or introduced in, or be enacted by any governmental body, ssion of the United States or the State of New York, having department, agency or commi jurisdiction over the subject matter, or a decision by any court of competent jurisdiction within the United States or within the State of New York shall be rendered which, in the reasonable opinion of the Underwriters, materially adversely affects the market price of the 2000A Bonds or causes any information in the Official Statement to be misleading in any material respect, or 8 UO-40-U I ICo-JL DP1v 11J-OL JJMLI`IMCI1 ei4144 (ix) prior to Closing, either (A) ^ Fitch MCAInc ("Fite ") or Moody's Investors Sgndg"M d " shall inform the Issuer or the Underwriters that the 2000A Bonds will not be rated at least " or " " respectively, based on the issuance of the municipal bond insurance policy (the "Policy") or (B) the Insurer shall Fail to deliver the Policy. (e) At or prior to the date of the Closing, the Underwriters shall receive the following documents: (i) The Ordinance and the Resolution, each certified by the Clerk of the Issuer under seal as having been duly enacted or adopted, as the case may be, by the Issuer and as being in effect, with such supplements, modifications or amendments as may have been agreed to by the Underwriters, and an executed copy of the Continuing Disclosure Certificate. (ii) A final unqualified approving opinion of Squire, Sanders & Dempsey L.L.P., Bond Counsel to the Issuer, addressed to you, dated the date of the Closing, in substantially the form included in the Official Statement as .Appendix D. (i ii) A letter of Squire, Sanders & Dempsey L.L.P., addressed to the Underwriters, and dated the date of Closing, to the effect that their final approving opinion referred to in Section 7(e)(ii) hereof may be relied upon by the Underwriters to the same extent as if such opinion were addressed to the Underwriters. (iv) An unqualified supplemental opinion of Squire, Sanders & Dempsey L.L.P. addressed to the Underwriters, and dated the date of Closing, to the effect that, (i) the statements contained in the Official Statement under the captions "AUTIdORITY FOR ISSUANCE OF SERIES 2000A BONDS," "DESCRIPTION OF THE SERIES 2000A BONDS" (other than the information thereunder relating to The Depository Trust Company ("DTC'� and its system of book -entry registration), "SECURITY FOR THE SERIES 2000A BONDS," " = SUMMARY OF CERTAIN PROVISIONS OF BOND RESOLUTION," "DISCLOSURE MATTERS -- Continuing Disclosure"and "TAX MA—T`rER,S" and in "EXHIBIT D - Form of BOndCQUri-id" insofar as such information purports to summarize portions of the Resolution, the Series 2000A Interlocal Agreements, the 2000A Bonds, the Act, the Constitution and laws of the State of Florida and Federal tax law, are accurate and fair statements of the matters set forth therein (all such opinions referred to in this clause (i) exclude financial, statistical and demographic information contained in such Official Statement), (ii) the 2000A Bonds are not required to be registered under the Securities Act of 1933, as amended, and (iu) the Resolution is not required to be registered under the Trust Indenture Act of 1939, as amended. (v) An opinion of the County Attorney, addressed to you, the Insurer, Squire, Sanders & Dempsey L.L.P. and the Underwriters and dated the date of the Closing, to the effect that, (i) the Issuer is a political subdivision of the State of Florida duly organized and existing under the Constitution and laws of the State including the Act, (ii) the Issuer has all requisite poorer and -authority to carry on its business as now conducted, and the Issuer 1s authorized and lawfully empowered to enact the Ordinance and adopt the Resolution and to enter into this Agreement and the Continuing Disclosure Certificate and perform its obligations thereunder, and to pledge the Pledged Revenues and —^ to Covenant in accordance with the 03-2d-00 10:33 BMO ID=dI�Js010001 P13/22 �40/ Resolution, (iii) to the best of counsel's knowledge, there is no action, proceeding or investigation pending or threatened which would materially adversely affect the authority of the Issuer to carry out its obligations under this Agreement, the Resolution and the Continuing Disclosure Certificate, (iv) the Ordinance and the Resolution each have been duly enacted and adopted, as the case may be, by the Issuer and the 2000A Bonds, this Agreement, the Interlocal Agreements, and the Continuing Disclosure Certificate have each been duly authorized, executed and delivered by the Issuer and, assuming due execution by the appropriate parties thereto, if applicable, and subject to the extent that the enforceability of the rights and remedies set forth herein, may be limited by bankruptcy, insolvency, or other laws affecting creditors rights, each constitutes valid and binding agreements enforceable in accordance with their respective terms, (v) the execution and delivery of the 2000A Bonds, the enactment of the Ordinance, the adoption of the Resolution and the execution and delivery of this Agreement and the Continuing Disclosure Certificate, and compliance with the provisions thereof, do not and will not in any material respect conflict with or constitute on the part of the Issuer a material breach of or default under any indenture, deed of trust, order, license, lease, assignment, agreement or other instrument to which the Issuer is a party, or result in a material breach of any statute, court decree or any administrative or governmental rule or regulation to which the Issuer is subject, (v1) no other action of any type is required on the part of the Issuer in connection with the due authorization, execution, delivery and performance by the Issuer of the obligations of the 2000A Bonds, (vii) except as provided in the Official Statement, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or public board or body, pending or threatened, against or affecting the Issuer, challenging the validity of the transactions contemplated by the Official Statement, this Agreement, or the Continuing Disclosure Certificate or the validity of the 2000A Bonds, which would materially adversely affect the ability of the Issuer to execute, deliver and carry out its obligations under the 2000A Bonds, (viii) - with respect to the information in the Official Statement concerning legal matters and based upon his participation in the preparation of the Official Statement as County Attorney and without having undertaken to determine independently the accuracy or completeness of the contents of the Official Statement, he has no reason to believe that the Official Statement (except for the financial and statistical data contained therein and the information relating to the Insurer and the Policy and DTC and its book -entry only system as to which no view need be expressed) contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading, a x the Non -Ad Valorem Revenues as described in the Official Statement are legally available to pay the principal of and interest on the 2000A Bonds as they become due and payable in the event the Pledged Revenues ^_ are insufficient to do so, and -Lx-� the use of the Preliminary Official Statement by the Underwriters for the purpose of offering the 2000A Bonds for sale has been duly authorised by the Issuer, and the Official Statement has been duly authorized, executed and delivered by the Issuer, and the Issuer has consented to the use thereof by the Underwriters. (vi) A certificate dated the date of the Closing and signed by the Chairman and County Administrator, or other person(s) authorized by the Issuer, to the effect that (i) the representations and warranties of the Issuer contaued herein are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing, (H) there is no action, suit, proceeding or investigation involving the Issuer before or by any court or 10 Nei-2tf-NN 1d: i S bMv ill=dil 3 501NNN1 P14/22 public board or body pending or, to the knowledge of the Issuer, threatened wherein an unfavorable decision, ruling or finding would: (A) affect the creation, organi-ation, existence or powers of the Issuer or the titles of its officials to their respective offices, (B) enjoin or restrain the issuance, sale and delivery of the 2000A Bonds or the pledge of the Pledged Revenues or collection gf Non -Ad Valorem Revenuers and Additional Revenues or the validity of the Interlocal—Ares ts, or the Covenant set forth in the Resolution, (C) in any way question or affect any authority for the issuance of the 2000A Bonds, the Ordinance or the validity or enforceability of the 2000A Bonds or the Resolution, or the receipt of Pledged Revenues or Additional Revenues, or (D) in any way question or affect this Agreement or the Continuing Disclosure Certificate or the transactions contemplated hereby, or by the Official Statement, or any other agreement or instrument to which the Issuer is a party and relating to the 2000A Bonds, (in) the Issuer has complied with all agreements and covenants and satisfied all conditions on its part to be complied with or satisfied at or prior to the Closing, (iv) since September 30, =1999, no material adverse change has occurred in the financial position and results of operations of the Issuer and the Issuer has not incurred any material liabilities other than in the ordinary course of business, except as set forth in the Official Statement, and (v) without having undertaken to determine independently the accuracy or completeness of the contents of the Official Statement, as to factual matters, they have no reason to believe that the Official Statement (except for the financial and statistical data contained therein and the information relating to the Insurer and the Policy and DTC and its book -entry only system as to which no view need be expressed) contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. (vii) ^ An opinion of Squire, Sanders tic Dempsey L.L.P., Disclosure Counsel to the Issuer, addressed to the Underwriters, or a reliance letter relating*thereto, and dated the date of Closing_ stating that Squire Sanders & DemFsey L.L.P. has participated in preparation o fficial State t and, without having undertaken to verify the accuracy of information therein, nothing has CoMe to their attention to lead them to believe that the OLs any vnUme statement or mate 'al fact or o 'ts to state fact needed to be included therein in order to make Official Statement not misleading• (viil) A certificate of an authorized representative of ^ First Union National Bank. Jac k-sonville. Florida (the "Bank'), as Registrar and Paying Agent, to the effect that (A) the Bank is a ^ national ^ bank duly organized, validly existing and in good standing under the laws of the ^ I nited States of America ^ and is duly authorized to exercise trust powers in the State of Florida, (B) the Bank has all requisite authority, power, licenses, permits and franchises, and has full corporate power and legal authority to execute and perform its functions under the Resolution, (C) the performance by the Bank of its functions under the Resolution will not result in any violation of the Articles of Association or Bylaws of the Bank, any court order to which the Bank is subject or any agreement, indenture or other obligation or instrument to which the Bank is a party or by which the Bank is bound, and no approval or other action by any governmental authority or agency having supervisory authority over the Bank is required to be obtained by the Bank in order to perform its functions under the Resolution, (D) to the best of such authorized representative's knowledge, there is no action, suit, proceeding or investigation at law or in equity before any court, public board or body pending or, to his or 11 , rame P1Si22 her knowledge, threatened against or affecting the Bank wherein an unfavorable decision, ruling or Finding on an issue raised by any party thereto is likely to materially and adversely affect the ability of the Bank to perform its obligations under the Resolution, and (E) the 2000A Bonds have been authenticated in accordance with the terms of the Resolution. (ix) A certificate of the Chairman or the County Administrator, or such other official of the Issuer which is acceptable to the Representative, deeming the Preliminary Official Statement "final" as of its date for purposes of the Rule, except for "permitted omissions" (the "Rule 15c2-12 Certificate"). (x) The Policy and the ^ Surely Bond issued by the Insurer. (Ni) An opinion of general counsel to the Insurcr and/or a certificate of an officer of the Insurer each dated the date of the Closing, concerning the Insurer, the Policy and the ^ Sure , Bond and the information relating to the Insurer, the Policy and the = Surety Bond contained in the Official Statement, and appropriate no default and taY certificates of the Insurer, in form and substance satisfactory to the Underwriters and Counsel to the Underwriters. (xii) A letter of ^ Fitch and Mood, to the effect that the 2000A Bonds have been assigned a rating no less favorable than "_" or " is respectively, based upon the issuance of the Policy, which rating shall be in effect as of the date of Closing. (xiii) Such additional legal opinions, certificates, instruments and other documents as the Underwriters may reasonably request to evidence the truth and accuracy, as of the date hereof and as of the date of the Closing, of the Issuer's representations and warranties contained herein and of the statements and information contained in the Official Statement and the due performance or satisfaction by the Issuer on or prior to the date of Closing of all the agreements then to be performed and conditions then to be satisfied by it. If the Issuer shall be unable to satisfy the conditions to the obligations of the Underwriters to purchase, to accept delivery of and to pay for the 2000A Bonds contained in this Agreement and the Underwriters does not waive such inability in writing, or if the obligations of the Underwriters to purchase, to accept delivery of and to pay for the 2000A Bonds shall be terminated for any reason permitted by this Agreement, this Agreement shall terminate, the good faith deposit described in Section 2 hereof shall be returned to the Representative and neither the Underwriters nor the Issuer shall be under any further obligation hereunder except that the respective obligations of the Issuer and the Underwriters set forth in Section 10 hereof shall continue in full force and effect, 8. Expenses. The Underwriters shall be under no obligation to pay, and the Issuer shall pay, any expense incident to the performance of the Issuers obligations hereunder including, but not limited to: (a) the cost of preparation, printing and delivery of the Resolution; (b) the cost of preparation and printing of the 2000A Bonds; (c) the fees and disbursements of Bond Courrsel; (d) the fees and disbursements of ^ William R. Hough & Co., the financial advisor to the Issuer; -W the fees and disbursements of the Issuer's certified public accountants; " W the fees and disbursements of any other experts, consultants or advisors retained by the Issuer; 2W fees for bond ratings; 24h� the fees and expenses of the Registrar and the Paying Agent; and: jW the costs of preparing, printing and 12 03-28-0d Ld:34 8M0 + 1%W 1D=8133d10d01 P16/22 delivering the Preliminary Official Statement and the Official Statement, and supplements or amendments thereto. The Underwriters shall pay: (a) the cost of preparing, printing and delivery of this Purchase Contract, (b) the cost of all "blue sky" memoranda and related filing fees; (c) the fees and expenses of Counsel to the Underwriters; (d) all advertising expenses; and (e) all other expenses incurred by them or any of them in connection with the public offering of the 2000A Bonds. In the event that either party shall have paid obligations of the other as set forth in this Section 8, adjustment shall be made at the time of the Closing. 9. Notices. Any notice or other communication to be given to you under this Agreement may be given by mailing the same to St. Lucie County, Florida, 2300 Virginia, Florida 34982, to the attention of the County Administrator and any such notice or other communication to be given to the Underwriters may be mailed to: SunTnast Equitable Securities; 200 South Orange Avenue, Tower 10 / Mail Code 0-1102, Orlando, Florida 32801, Attention: D. Brent Wilder. 10. Parties in Interest. This Agreement is made solely for the benefit of the Issuer and the Underwriters and no other parry or person shall acquire or have any right hereunder or by virtue hereof. All your representations, warranties and agreements in this Agreement shall remain operative and in full force and effect and shall survive the delivery of the 2000A Bonds. 11. Waiver. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the Issuer hereunder and the performance of any and all conditions contained herein for the benefit of the Underwriters may be waived by the Underwriters, in its sole discretion, and the approval of the Underwriters when required hereunder or the determination of their satisfaction as to any document referred to herein shall be in writing, signed by an appropriate officer or officers of the Underwriters and delivered to you. 12. No Liability. Neither the Issuer nor any officer, agent or employee thereof, shall be charged personally by the Underwriters with any liability, or held liable to the Underwriters under any term or provision of this Agreement because of its execution or attempted execution, or because of any breach or attempted or alleged breach thereof. [Remainder of page intentionally left blank] 13 v E5 P17/22 13. Governing Law, This Agreement, and the terms and conditions herein, shall constitute the full and complete agreement between the Issuer and the Underwriters with respect to the purchase and sale of the 2000A Bonds. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. ACCEPTED this _ day of 2000. Very truly yours, SUNTRUST EQUITABLE SECURITIES on behalf of itself and Raymond James Associates, Inc. By: Its: Vice President ST. LUCIE COUNTY, FLORIDA Bv: Its: County Administrator 14 03-28-00 10:35 BMO J ' ` lD=8133610001 P18i22 M ATTACHMENT I SUNTRUST EQUITABLE SECURITIES 200 South Orange Avenue Tower 10 / Mail Code 0-1102 Orlando, Florida 32801 2000 St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 32778 Re: St. Lucie County, Florida Public Improvement Revenue Bonds, Series 2000A Ladies and Gentlemen: In connection with the proposed issuance by St. Lucie County, Florida (the "Issuer") of $ in aggregate principal amount of Public Improvement Revenue Bonds, Series 2000A (the "Bonds"), SunTrust Equitable Securities and Raymond James & Associates, Inc. (collectively, the "Underwriters") are preparing to underwrite a public offering of the Bonds. Arrangements for underwriting the Bonds will include a Bond Purchase Agreement bctvVeen the Issuer and the Underwriters that will embody the negotiations in respect thereof. The purpose of this letter is to furnish, pursuant to the provisions of Section 218.385(6), Florida Statutes, certain information in respect of the arrangements contemplated for the underwriting of the Bonds as follows: (a) The nature and estimated amounts of expenses to be incurred by the Underwriters in connection with the purchase and reoffering of the Bonds are set forth in Schedule A attached hereto. (b) There are no "Finders," as defined in Section 218.386, Florida Statutes, connected with the issuance of the Bonds. (c) Subject to the outcome of negotiations of the terms of the Bond Purchase Agreement and to the successful sale by the Underwriters of all the Bonds, at the initial public offering price, it is our expectation that based on current market conditions, the underwriting spread (i.e., the difference between the price at which the Bonds will be initially offered to the public by the Underwriters and the price to be paid to the Issuer for the Bonds) will be $ per $1,000 bond, or $ (d) The Underwriters will charge a management fee of $ Attachment I - Page 1 J. IF A, eItj/tL en (e) There is no other fee, bonus or other compensation to be paid by the Underwriters in connection with the issuance of the Bonds to any person not regularly employed or retained by the Underwriters, except as specifically enumerated as expenses referred to in paragraph (a) above to be incurred by the Underwriters as set forth in Schedule A attached hereto. (0 The name and address of the Underwriters are: SunTrust Equitable Securities 200 South Orange Avenue Tower 10 / Mail Code 0-1102 Raymond James & Associates, Inc. 220 Congress Park Drive, Suite 240 Delray Beach, Florida 33445 We understand that you do not require any further disclosure from the Underwriters pursuant to Section 218.385(6), Florida Statutes, as amended. Very truly yours, SUNTRUST EQUITABLE SECURITIES By: Its: Vice President Attachment I - Page 2 v , 1 r 1L=ol�ssdldddl P20i22 ni ITEM Schedule A EXPENSES [TO COME] Attachment I - Page 3 PER BO D TOTAL 03-28-00 10:35 BMO ID=8133010001 P21/22 n t D • SCHEDULE I AMOUNTS, MATURITIES, INTEREST RATES AND PRICES OR YIELDS Serial Bonds Maturity Interest Price or Maturity Interest Ptice or �Oc ober 1.) Amoun Rate Yi" r 1 Amy n Rate Yield _% Term Bonds, due October 1, - Price or Yield % _% Term Bonds, due October 1, - Price or Yield (Plus Accrued Tnterest from 1, 2000) Schedule I - Page 1 ):\BONDS\ 4"1 \'BPA2R WPD Muc� SCHEDULE II REDEMPTION PROVISIONS [TO COME] Schedule II - Page I V AGENDA REQUEST ITEA�JO. 1� 16_ DATE: J�, z T , x00 REGULAR [XX] PUBLIC HEARING [] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 00-63 - Senior Ministry Services, Inc. Industrial Development Revenue Bonds - BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 00-63 as drafted. COMMISSION ACTION: CONCURRENC [X] APPROVED [ ] DENIED OTHER: e [ Approved as amended to A 69 unit project. D glas Anderson ounty Administrator Review and Approvals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Eff. 5/96 M MEMORANDUM To: Chairman and Members of the Board of County Commissioners St. Lucie County, Florida From: Robert O. Freeman Alexandra M. MacLennan Date: March 2, 2000 Re: St. Lucie County, Florida Industrial Development Revenue Bonds (Senior Ministry Services, Inc. Project) Background. Senior Ministry Services, Inc. (SMS) has made application to St. Lucie County requesting the County to issue industrial development revenue bonds and lend the proceeds of such bonds to SMS to finance part of the cost of the acquisition, construction, furnishing and equipping of an approximately 160-unit assisted living facility and related facilities to be owned and operated by SMS within the County. The bonds would be payable solely from the loan repayments to be made by SMS under a loan agreement. The Internal Revenue Code of 1986, as amended (the "Code") permits such bonds to be issued on a tax-exempt basis, subject to compliance with numerous restrictions. Additionally, Chapter 159, Part II, Florida Statutes, authorizes the County to issue these bonds for the purpose of financing the proposed project. W. Requested Action. It is requested that the Board consider adoption of the attached resolution which authorizes the execution by the County of a Memorandum of Agreement expressing its intent to loan funds to SMS for the purpose of financing part of the cost of the project and approves the issuance of the bonds subject to certain conditions. The bonds will be repaid from the revenues of the project through a loan agreement between the County and SMS and will not constitute a pledge of the faith and credit or taxing power of the County, nor will they limit the County's borrowing ability. 4820v 1/28902-00087/M-BOARD-1NDUC E -1- 03/09/0/10:06 ANI In MEMORANDUM It is anticipated that the bonds will be issued in , 2000. Prior to that time, the Board will be asked to approve, for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance of the bonds and hold a public hearing on the nature and location of the proposed project, and also consider approval of the pertinent documentation for the issuance of the bonds. 4820v 1/28902-00087/M-BOARD-INDUCE 03l09/0/10:06 AM -2- RESOLUTION NO.00-63 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN AND CLERK OF THE BOARD TO EXECUTE AND DELIVER A MEMORANDUM OF AGREEMENT EXPRESSING ITS INTENT TO LOAN FUNDS TO SENIOR MINISTRY SERVICES, INC., A FLORIDA NONPROFIT CORPORATION, FOR THE PURPOSE OF FINANCING THE COST OF THE ACQUISITION, CONSTRUCTION, FURNISHING AND EQUIPPING OF AN APPROXIMATELY 160-UNIT ASSISTED LIVING FACILITY AND RELATED FACILITIES TO BE OWNED AND OPERATED BY SENIOR MINISTRY SERVICE, INC., WITHIN THE COUNTY; APPROVING, SUBJECT TO CERTAIN FURTHER FINDINGS, THE ISSUANCE OF NOT EXCEEDING $7,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (SENIOR MINISTRY SERVICES, INC. PROJECT), THE PROCEEDS OF WHICH WILL BE LOANED TO SENIOR MINISTRY SERVICES, INC. TO FINANCE ALL OR A PORTION OF THE COST OF SUCH PROJECT; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, as follows: Section 1. Authority. This Resolution is adopted pursuant to the provisions of Chapter 159, Part II, Florida Statutes, and other applicable provisions of law. law. Section 2. Definitions. "Act" means Chapter 159, Part II, Florida Statutes, and other applicable provisions of "Board" means the Board of County Commissioners of St. Lucie County, Florida. "Bonds" or 'Bond" means the proposed Industrial Development Revenue Bonds (Senior Ministry Services, Inc. Project), to be issued from time to time in installments or at one time in an aggregate principal amount not exceeding $7,000,000 to be authorized by subsequent resolution of the Board pursuant to the Act, and in accordance with the terms, conditions and limitations contained in such resolution. "Borrower" means Senior Ministry Services, Inc., a nonprofit corporation duly organized 4822vl/3248/28902-00087/R-RES-INDUCEMENT 03/09/0/10:07 AM �Irr' N"O and validly existing under the laws of the State of Florida. "Clerk" means the Clerk of the Circuit Court of St. Lucie County, ex officio Clerk of the Board or any Deputy Clerk. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated or applicable thereunder. "County" means St. Lucie County, Florida, the issuer of the Bonds. "Chairman" means the Chairman or Vice Chairman of the Board. "Memorandum of Agreement means that certain Memorandum of Agreement, dated the date hereof, between the Borrower and the County, in substantially the form attached hereto as Exhibit A, with such changes as the officers signing such Memorandum of Agreement may approve. "Project" means the acquisition, construction, furnishing and equipping on land located within the County of an approximately 160-unit assisted living facility and related facilities. "State" means the State of Florida. Section 3. Proposal. The Borrower has requested that the County issue its revenue bonds at one time or from time to time under the Act in an aggregate principal amount not exceeding $7,000,000 for the purpose of making a loan to the Borrower to finance all or part of the cost of the Project, the amount of which the Borrower has represented will be sufficient, along with funds contributed by the Borrower, to pay all of the cost of the Project, such Bonds to be secured under the terms of a loan agreement between the County and the Borrower requiring repayments in an amount sufficient to pay the principal of and interest on such Bonds as the same become due and payable. Section 4. Findings. The Board hereby finds, determines and declares as follows: W. A. The Board is authorized and empowered by the Act to enter into transactions such as those contemplated by the Borrower, and to fully perform the obligations of the County to be undertaken in connection with the financing of the Project in order to promote the economy of the County and the State of Florida, increase opportunities for gainful employment and purchasing power, and improve living conditions, and otherwise contribute to the prosperity and health and welfare of the County, the State and the inhabitants thereof. B. The Project is a "project" within the meaning of the Act, is appropriate to the needs and circumstances of and shall make a significant contribution to the economic growth of the County, shall provide or preserve gainful employment and shall serve a public purpose by 4822v 1/3248/28902.00087/R-RES-INDUCEMENT 03/09/0/10:07 AM 2 re/ advancing the economic prosperity and the general welfare of the County and the State and the inhabitants thereof. C. The Borrower has requested the County to issue Bonds from time to time in an aggregate principal amount not exceeding $7,000,000 to finance the Project. The Bonds shall be paid solely from the repayment of a loan of the bond proceeds from the County to the Borrower. D. The availability of financing by means of industrial development revenue bonds is an important inducement to the Borrower to proceed with the acquisition, construction and installation of the Project. E. The Project and the issuance of the Bonds to finance the cost thereof will have a substantial public benefit, and the Board deems it in the best interest of the County and its citizens to approve the issuance of the Bonds. Section 5. Determination. If, upon further investigation of the Borrower and its proposal, the Board is able to find that: A. the County, the Board or any member or officer thereof is not obligated to pay the Bonds except from the proceeds derived from the repayment of a loan to the Borrower and that neither the faith and credit nor the taxing power of the County or of the State or any political subdivision thereof is pledged to the payment of the principal of or the interest, or premium, if any, on the Bonds; B. the Board, the Borrower and the proposed purchaser of the Bonds have executed or will concurrently with the issuance of the Bonds execute the documentation required for the financing of the Project as contemplated hereby; C. adequate provision has been or will be made in the documents for the operation, repair and maintenance of the Project at the expense of the Borrower and for the payment of the principal of, premium, if any, and interest on the Bonds and reserves, if any, therefor; .. D. based on the criteria established by the Act, the Borrower is financially responsible and fully capable of and willing to fulfill all of its obligations under the terms and provisions of the loan agreement to be negotiated between the parties, under which the Borrower will be obligated, among other things, to pay amounts sufficient to timely discharge the debt service on the Bonds, and to operate, repair and maintain the Project at the Borrower's expense; E. the interest on the Bonds will be excluded from gross income for federal income tax purposes under existing laws of the United States. F. the proposal will otherwise comply with all of the provisions of the Act; 4822v1/3248/28902-00087/R-RES-INDUCEMENT 03/09/0/10:07 AM 3 *AVIV M then the Board may issue Bonds to finance the acquisition and construction of the Project in accordance with the provisions and authority of the Act, this Resolution and the Memorandum of Agreement. The principal amount, terms of maturity, interest rate and other details of the Bonds will be determined by subsequent Board resolution. Section 6. Financing Conditionally Approved. The financing of the Project through the issuance of the Bonds is hereby deemed to be in the best interests of the County and its citizens, and is hereby approved, subject to satisfaction of the conditions described in Section 5 above. Section 7. Authorization To Execute. The Chairman and Clerk of the Board are authorized in the name and on behalf of the County pursuant to this Resolution, to execute and deliver the Memorandum of Agreement. The officers executing such Memorandum of Agreement are further authorized to do all acts which may be required or may be advisable with respect thereto. The Chairman and Clerk of the Board are further authorized to take such further action and execute such further instruments as may be necessary to fully effectuate the purpose and intention of the Memorandum of Agreement and this Resolution. Section 8. Priority. Nothing herein shall be deemed to restrict the County or the State of Florida or any agency or political subdivision thereof in determining the order or priority of the issuance of bonds by the County, to require the Board to give the Bonds priority as to issuance or as to the time of issuance over any other bonds previously or subsequently approved by the Board for issuance. Any such prioritization by the Board could result in the inability of the County to issue the Bonds. Section 9. Official Action And Reimbursement. This Resolution constitutes official intent under Treasury Regulations Section 1.150-2 and any amendments thereto, for reimbursement from bond proceeds of temporary advances made by the Borrower for purposes of the Project prior to the issuance of the Bonds. ... Section 10. Effective Date. This Resolution shall take effect immediately upon its adoption. 4822v 1/3248/28902-00087/R-RES-INDUCEMENT 03/09/0/ 10:07 AM 11 fir►' ,fir Passed And Adopted this 14" day of March, 2000. (SEAL) ATTEST: 56-2 Clerk of the Circuit Court, ex-officio Clerk of the Board ST. LUCIE COUNTY, FLORIDA Chairman of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 4822v 1/3248/28902-00087/R-RES-INDUCEMENT 03/0910/ 10:07 AM �14✓ MEMORANDUM OF AGREEMENT This is a Memorandum of Agreement dated as of the 14th day of March, 2000, between ST. LUCIE COUNTY, FLORIDA (the "County"), a political subdivision of the State of Florida, and SENIOR MINISTRY SERVICES, INC., a Florida nonprofit corporation (together with its successors or assigns, the "Borrower"). Whereas, the County is authorized and empowered by the provisions of the Constitution and laws of the State of Florida to issue industrial development revenue bonds for the purposes of providing funds to pay all or any part of the cost of any "project" as defined in Chapter 159, Part II, Florida Statutes (the "Act"), and to loan the proceeds from the sale of such bonds to others to finance the acquisition, construction, improvement and equipping of such projects; and Whereas, the Borrower desires to acquire, construct, furnish and equip on land located within the County an approximately 160-unit assisted living facility and related facilities (the "Project"); and Whereas, the County desires to encourage the Borrower to acquire and construct the Project in the County, to promote the economy of the County and the State of Florida, increase opportunities for gainful employment and purchasing power, and otherwise contribute to the prosperity and welfare of the County and the State of Florida and its inhabitants; and Whereas, the County has initially determined that it has the authority to finance the acquisition and construction of the Project within the geographic boundaries of the County, which Project shall constitute a "project" within the meaning ofthe Act, and to make a loanto the Borrower to enable the Borrower to acquire, construct, improve and equip the Project; and Whereas, the Borrower wishes to obtain assurances from the County that it will finance, in whole or in part, the cost of the acquisition and construction of the Project from proceeds received frontthe sale of the County's industrial development revenue bonds; and Whereas, the County, by the adoption on the date hereof of a resolution (the "Inducement Resolution"), has indicated its willingness to proceed with such financing as an inducement to the Borrower to acquire and construct the Project; and Whereas, subject to compliance with all requirements of law, including the requirements of the Act, the County desires to make all reasonable efforts to issue and to sell its industrial development revenue bonds in an aggregate amount up to, but not in excess of, $7,000,000 (the "Bonds"), for the purpose of all or a part of the cost of the Project, subject and pursuant to the Inducement Resolution; and 4823v 1/28902-00087/A-MEMO-OF-AGREEMENT 1 Whereas, the County wishes to enter into certain agreements with the Borrower with respect to the issuance of the Bonds and the acquisition and construction of the Project, Now Therefore, for good and valuable consideration, the parties hereto agree as follows: 1. The County agrees: (a) That, if the Borrower meets all prerequisites for the issuance of the Bonds established by the County, it will make all reasonable efforts to authorize the issuance and sale of the Bonds pursuant to the terms of the Constitution of the State of Florida, the Act, the Inducement Resolution and this Memorandum of Agreement. (b) That it will (but only to the extent of the net proceeds received from the sale of the Bonds) make a loan to the Borrower to finance the acquisition and construction of the Project, with installment payments due under a loan agreement between the County and the Borrower to be at least sufficient to pay the principal of, interest on and redemption premiums, if any, with respect to the Bonds as and when the same shall become due and payable, together with all other costs and expenses connected with such financing and the operation and maintenance of the Project. (c) That, in the event the County acquires an interest in or a mortgage on the Project, it will convey or release any such interest it retains in the Project to the Borrower upon payment by the Borrower of the amount required to retire the outstanding Bonds, and all other costs connected with such financing. 2. The Borrower agrees: (a) That the Borrower will enter into a loan agreement with the County, under the terms of which the Borrower will be obligated to pay to the County sums sufficient to pay the principal of, interest on and redemption premiums, if any, with respect to the Bonds when the same shall become due and payable, together with all other costs and expenses of the County connected with such financing and the Project; to operate, maintain and repair the Project at its own expense; and to report annually to the County, the annual bond indebtedness outstanding and any other information necessary to comply with Section 218.32, Florida Statutes. (b) That all risk of loss related to the Project will be borne by the Borrower. 3. All commitments of the County under Paragraph 1 hereof and of the Borrower under Paragraph 2 (a) hereof are subject to the mutual agreement of the County and the Borrower as to the terms and conditions of the above -referenced loan agreement and of the Bonds and the other instruments and proceedings relating to the Bonds, and to the sale of the Bonds pursuant to such terms and conditions. It is the intent of the parties hereto that the Bonds shall be prepared in such form and shall be issued, underwritten and sold and the proceeds thereof used, all as may be 4823v 1/28902-00087/A-MEMO-OF-AGREEMENT 2 In mutually agreed upon by the parties in accordance with the requirements and provisions of the Constitution of the State of Florida and the Act. 4. The Borrower and the County further agree as follows: (a) For purposes of Chapter 159, Part I1, Florida Statutes, only, the Borrower, subject to the conditions set forth herein, may proceed to acquire and construct the Project, to prepare or cause the preparation of plans, specifications and other contract documents, to award construction and other contracts upon a competitive or negotiated basis, to inspect and supervise the construction of the Project, to employ engineers, architects, builders and other contractors, and to perform such other functions and services as may, in the opinion of the Borrower, be desirable in connection with the acquisition, construction, improvement and equipping of the Project, subject to compliance with applicable land development requirements of the County. The Borrower may advance such funds as may be necessary to accomplish such purposes and shall be entitled to reimbursement for such expenses from, and only to the extent of, the net proceeds received from the sale of the Bonds in accordance with subparagraph (b) below. (b) To the extent of the net proceeds derived from the sale of the Bonds, and only from such proceeds, and in accordance with the provisions of the Act and the Internal Revenue Code of 1986, as amended (the "Code"), the Borrower will be entitled to reimbursement for all costs and expenses, direct or indirect, incurred by the Borrower after the date hereof in the acquisition and construction of the Project. Costs and expenses for which the Borrower may be reimbursed from the proceeds of the Bonds include, but are not limited to, costs and expenses related to the preparation of plans and specifications for the Project, the acquisition and construction of the Project and all components thereof, architectural, engineering and supervisory services used with respect to the Project, acceptance fees of any trusts established in connection with the issuance and sale of the Bonds, legal, accounting and financial advisory fees and expenses, underwriting fees, filing fees and printing and engraving costs incurred in connection with the authorization, sale and issuance of the Bonds, the execution and filing of a trust agreement, if any, to be hereafter executed by the County and a trustee to be named therein, and such other agreements as may be required by the initial purchaser or purchasers of the Bonds, fees, costs and expenses disbursed or incurred in connection with or related to this Memorandum of Agreement and the Bonds, the acquisition and construction of the Project, labor, services and materials used or furnished in site improvement for the site of the Project, and the equipping of the Project, and all other fees and expenses disbursed or incurred by the Borrower in connection with the Project or the Bonds and properly allowable under the Act and the Code. (c) If the net proceeds derived from the sale of the Bonds shall be less than the cost of the Project, the Borrower agrees to complete the Project at the Borrower's expense. The Borrower shall be entitled to reimbursement for such cost overruns only to the extent of the net proceeds received from the sale of such additional bonds as the County, in its sole discretion, may authorize, sell and deliver. The County does not make any warranty, either 4823v 1/28902-00087/A-MEMO-OF-AGREEMENT 3 *680' expressed or implied, that the funds derived from the sale of the Bonds will be sufficient to pay all of the costs incurred in connection with the acquisition and construction of the Project or that any additional bonds will be issued or may be sold. The Borrower recognizes that the Borrower shall not be entitled to reimbursement for costs incurred by it in completing the Project, except to the extent of money otherwise available from the sale of the Bonds and any additional bonds, and agrees that the Borrower shall not be entitled to any abatement or diminution of the loan installments payable under the loan agreement to be entered into by and between the Borrower and the County upon the delivery of the Bonds because of such unreimbursed costs. 5. The Borrower agrees to indemnify, defend and hold harmless the County, the members and officers of the Board and its agents against any and all liability, loss, costs, cost overruns, expenses, charges, claims, damages and attorney's fees of whatever kind or nature, which the County, the members and officers of the Board, or its agents may incur or sustain by reason or in consequence of the relationship existing between the County and the Borrower with respect to the execution and delivery of this Memorandum of Agreement, the issuance and sale of the Bonds or the acquisition and construction of the Project, including, but not limited to, the reasonable fees of the County and its staff incurred in connection with the evaluation of the Project. The Borrower hereby releases and agrees to hold harmless the County, the members and officers of the Board, and the agents, attorneys and employees of the County from any liability, loss, cost, expenses, charges, claims, damages and attorneys' fees of whatever kind or nature which may result from the failure of the County to issue the Bonds, for whatever reason. 6. The Borrower agrees that, whether or not the Bonds shall be issued, it will pay, or cause to be paid, all costs and expenses incurred by it, any fees and expenses of the Borrower's financial advisor, if any, any fees and expenses of the Borrower's counsel, the fees (including application and administration fees) and expenses of the County, the fees and expenses of the County's financial advisor and the fees and expenses of Bond Counsel (collectively, the "Financing Costs"). 7. If for any reason the County shall fail to deliver the Bonds and receive the proceeds thereof within one year after completion of the Project, if the County sooner abandons its efforts to issugthe Bonds in accordance with the Inducement Resolution and this Memorandum of Agreement, if the sale of the Bonds has not occurred on or before 12 months from the date hereof (or such later date as shall be mutually agreed upon by the County and the Borrower), or if the Borrower shall terminate this Memorandum of Agreement by written notice to the County, this Memorandum of Agreement shall terminate. Nothing contained herein, however, shall release the Borrower from its obligations to indemnify the County, the members of the Board, and its agents in accordance with the terms of this Memorandum of Agreement, or release the Borrower from its obligations under paragraphs 5 and 6 hereof. 8. This Memorandum of Agreement may be supplemented and amended from time to time by written agreement signed by both parties, and shall be superseded by the loan agreement to be entered into by and between the County and the Borrower, upon the execution thereof, to the extent 4823v 1/28902-00087/A-MEMO-OF-AGREEMENT 4 `r' VISVP the terms thereof conflict with the terms contained herein. 9. This Memorandum of Agreement, and the rights, duties and obligations of the Borrower hereunder, may be assigned by the Borrower subject to approval of the assignee by the County. 10. The Borrower recognizes and agrees to the terms of the Inducement Resolution adopted by the Board of even date herewith. Nothing herein shall be deemed to restrict the County or the State of Florida or any agency or political subdivision thereof in determining the order or priority of the issuance of bonds by the County or to require the County to give the Bonds priority as to issuance or as to the time of issuance over any other bonds previously or subsequently approved by the County for issuance. Also, nothing herein shall be deemed to require that the County agree to submit itself to the jurisdiction of the courts of any state other than Florida. 4823v 1/28902-00087/A-MEMO-OF-AGREEMENT 5 IN WITNESS WHEREOF, the parties hereto have set their hands and seal as of the day and year first above written. (SEAL) ATTEST: Clerk of the Circuit Court of St. Lucie County, ex officio Clerk of the Board Approved as to form and correctness: County Attorney w (SEAL) ATTEST: Secretary 4823 v 1 /28902-00087/A-M EMO-OF-AGREEMENT 6 ST. LUCIE COUNTY, FLORIDA By Chairman, Board of County Commissioners SENIOR MINISTRY SERVICES, INC. By: President o3�i29i00 15:06 '01 407 422 5659 WX R HOUGH - ORL a 001i004 wilham R'A'onh & FAX COVER PAGE TO., IN b o uJ FROM: DATE--' R NUMBER OF PAGES INCLUDING COVER: OL t 'b" — To 0 p 225 E. Robinson Street, Orlando, FL 32801-4322 Phone-.407-,a22-51G,4r- --- � Fax: 407-422-5659 ^ F, RL I CC r d OrFii: 03/29/00 15.07 01 407 422 5639 WN R HOUGH - ORL *40 (a002/004 March 29, 2000 Mr. Douglas M. Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: Senior Ministry Services, Inc. Dear Doug: We have reviewed the "Application for Issuance of industrial Revenue Bonds" as submitted February 18, 2000, by Senior Ministry Services, Inc. ("SMS"). SMS is a Florida not -for -profit corporation that is seeking to finance the construction of 71 assisted living units, located at 2909 South 25`' Street in Fort Pierce, through the issuance of tax-exempt bonds by St. Lucie County. The County would serve as a "conduit" issuer on behalf of SMS, and would in no way be responsible for the payment of the bonds. The principal and interest on the bonds would be paid by SMS from the revenues generated by the project. Our review of this project included the following: 1. The establishment of a 5010 not for profit coroorWon adhering to IRS Guidelines. SMS was created through a 501 application with the IRS and the corporation has formed a Board of Directors with backgrounds in elderly care and the ministry. The Board is experienced with similar projects and should be well -positioned to provide guidance to project management. 2 h f ndin of sufficientt/workin ital r a new fgal1gy' Generally, assisted living facilities take 12-18 months for absorption. It would appear from the estimated sources and uses of funds that over 18 months funding of debt service will be provided from bond proceeds, giving the project the necessary cushion while it is in the process of filling up. 3. 'Che cornplertloll Or a 1AWKC1 an- rmariuia ■•+++ --- knowl t. SMS has retained Moore Stephens Lovelace, P.A., ("MSL") Clearwater, Florida, to prepare the market and financial feasibility study for the proposed project. MSL is a nationally -recognized certified public accounting and management consulting firm. MSL has been active in serving the senior housing industry for over 25 years, with a professional staff having a combined health care consulting experience of over 100 years. Combined with the Moore Stephens North American l:Iealthcare 03/29/00 15:07 V1 407 422 5659 'RX R HOUGH - ORL IZO03/004 Mr. Douglas M. Anderson March 29, 2000 Page 2 Consortium network, MSL brings a high degree of experience: and understanding of the senior housing and health care industry. 4. Proper documentationVreparod by bond counsel ensuring that St Lucie County's best im=sts are safeguarded, SMS has retained Peck Shaffer &. Williams LLP, Atlanta, Georgia as bond counsel for this project. St. Lucie County's bond counsel, Squire, Sanders & Dempsey, LLP, will review all documents on behalf of the County. 5. Additional project funding will be provided by a $666 000 Subordinated Note from Presbyterian Investors Fund. The Presbyterian Investors Fund has provided a loan in the amount of $665,000 to fund land acquisition and miscellaneous planning costs. This loan will be legally subordinate to the payment of the bonds, as will be stated in the bond documents. The project will by operated/managed by an expenienced healthcare consultant SMS has retained The Covenant Group, Altamonte Springs, Florida, as the manager of the project. Though incorporated in 1999, The Covenant Group is a company made up aFsenior housing professionals who collectively have been active in the retirement housing industry for nearly 40 years. Their backgrounds include experience in healthcare, nursing homes, assisted living and independent living communities. The primary contact person will be Glen Pawlowski, who until recently was Regional Director of Operations for Merrill Gardens, a national retirement housing company. 7. The p;oiect is well -suited to St Lucie County both mom a tevet or service ano an econoVaie stand point The average monthly service fee for the project will be approximately $1,850.00, depending on level of care required by individual residents. Higher -end facilities charge in the area of $3,800.00 per month for elderly care. This SMS project is geared toward the middle income sector of the elderly care market, which is in the most demand within the State of Florida. S. Debt service coverage miAst be 125x at a minimum The financial feasibility study projects debt service coverage, at fill up, beginning at 125%, and slightly increasing thereafter. In addition, the bond documents require that service fees will be set such that debt service is always exceeded by net revenues of the project by 125%, as long as the bonds are outstanding. This level of coverage is standard within the elderly care industry for projects of this nature. It is also stated in the bond documents that debt service is to be paid before any facility management fees. 9_ A debt service reserve account will be maintained throe,^hoot tlne life of the bonds Originally, the financing structure called for a "springing" debt service reserve account, i.e. once a certain debt service coverage level was met for two consecutive years, the reserve account would be permitted to expire. This will no longer be the case, as a fully - capitalized debt service reserve account, consisting of one year's maximum principal and interest will be maintained over the life of the bond issue. 10. The relationship between tills protect ana the t•resDyieriau ,.iiurc u vi ruucai�.a �asa�u+aa prqvidg aLbS=ial ma"ng be its. Because this will be a Presbyterian Church of America ('PCA') facility, the project should receive important marketing advantages. 03/29/00 15:07 '01 407 422 5659 WX R HOUGH - ORL 2 004/004 Mr. Douglas M. Anderson March 29, 2000 Page 3 Recommendations from PCA churches, both locally and state-wide, can be helpful in providing waiting list candidates for the facility. Summary Senior Ministry Services, Inc. is constructing a 71 unit assisted living facility in St. Lucie County. They are requesting that St. Lucie County issue approxithately $6,450,000 Industrial Revenue Bonds to finance the project. St. Lucie County would serve as a "conduit" issuer for this project, as the County would not be responsible for the payzneot of the bonds, rather the revenues from the facility would be pledged as security for the issue. We have reviewed the Market and Financial Feasibility Study for this project. From a financial standpoint, we believe that the project has a number of strengths, as follows: • Bond documents require at least 125% coverage of debt service. • Financial feasibility study projects debt service coverage beginning at 125%, increasing thereafter. • Fully funded debt service reserve account capitalized from bond proceeds, such reserve to remain intact throughout the life of the bonds. • Sufficient working capital capitalized from bond proceeds through fill up period. • Strong facility management. We recommend approval of this Industrial Revenue Bond financing pending review of all documents by Squire, Sanders & Dempsey, L.L.P., and also the completion of satis.Factory bond pricing, i.e. interest rates and underwriter's discounts, as being fair, reasonable and in the best interests of St. Lucie County. Please call if you need any additional information_ Sincerely, WILLIAM R. HOUGH & CO. Loomis C. Leedy, L11 First Vice President LCL:mkr 03/30/00 10:53 $1 4" 422 5659 1<'3i R HOUGH - ORT f�002/004 *We *40# JIJUYI William & Hou� & U LANDMARK CENTER fI SUITE 485 225 E. ROBINSON STREET ORLANDO, FLORIDA 32601 (407) 422-5161 • FAX (407) 422.5659 March 29, 2000 Mr, Douglas M. Anderson County Administrator St. Lucie County 2300 'Virginia Avenue Fort Pierce, FL 34982-5652 Re: Senior Ministry Services, Inc. Dear Doug: We have reviewed the "Application for Issuance of Industrial Revenue Bonds" as submitted February 18, 2000, by Senior Ministry Services, Inc. ("SMS"). SMS is a Florida not -for -profit corporation that is seeking to finance the construction of 71 assisted living units, located at 2909 South 25g' Street in Fort Pierce, through the issuance of tax-exempt bonds by St. Lucie County. The County would serve as a "conduit" issuer on behalf of SMS, and would in no way be responsible for the payment of the bonds. The principal and interest on the bonds would be paid by SMS from the revenues generated by the project. Our review of this project included the following: 1. The establishment of a 501e3 not -for -profit corporation adhering to IRS guidelines. SMS was created through a $01 application with the W and the corporation has formed a Board of Directors with backgrounds in elderly care and the ministry. The Board is experienced with similar projects and should be well -positioned to provide guidance to project management. 2. The funding of sufficient capitalized interestlworking capital for a aim fagilim Generally, assisted living facilities take 12-18 months for absorption. It would appear from the estimated sources and uses of funds that over 18 months funding of debt service will be provided from bond proceeds, giving the project the necessary cushion while it is in the process of filling up. 3. 1he completion of a Market and Financial Feasibility Stu4y by an experienced and knowledgeable consultant. SMS has retained Moore Stephens Lovelace, P.A., (. SL") Clearwater, Florida, to prepare the market and financial feasibility study for the proposed project. MSL is a nationally -recognized certified public accounting and management consulting firm. MSL has been active in serving the senior housing industry for over 25 years, with a professional staff having a combined health care consulting experience of over 100 years. Combined with the Moore Stephens North American Healthcare INVESTMENTS SINCE 1962 MEMBER NASD / SIRC 03/30/00 10:53 't l J" 422 5659 far/ Mr. Douglas M. Anderson March 29, 2000 Page 2 WM R HOUGH - ORT vd'' Consortium network, MSL brings a high degree of experience and understanding of the senior housing and health care industry. 4. Proper documentation ,orenared by bond counsel, ensuring that St. Lucir_,s best interests are. safesuarded. SMS has retained Peck Shaffer & Williams LLP, Atlanta, Georgia as bond counsel for this project. St. Lucie County's bond counsel, Squire, Sanders & Dempsey, LLP, will review all documents on behalf of'the County. 5. Additional proieg funding will be Mvided by a $665 000 Subordinated Note from Presbyterian Investors Fund. The Presbyterian Investors Fund has provided a loan in the amount of $665,000 to fund land acquisition and miscellaneous planning costs. This loan .will be legally subordinate to the payment of the bonds, as will be stated in the bond documents. 6. The tiroiect will be operated/mangged by an exuerienced healthcare consultatlt. SMS has retained The Covenant Group, Altamonte Springs, Florida, as the manager of the project. Though incorporated in 1999, The Covenant Group is a company made up of senior housing professionals who collectively have been active in the retirement housing industry for nearly 40 years. Their backgrounds include experience in healthcare, nursing homes, assisted living and independent living communities. The primary contact person will be Glen Pawlowski, wbo until recently was Regional Director of Operations for Merrill Gardens, a national retirement housing company. 7. The project is we 1 suited to St Lucie County both from a level of service and an economic stand maim The average monthly service fee for the project will be approximately $1,850.00, depending on level of care required by individual residents. Higher -end facilities charge in the area of $3,900.00 per month for elderly care. This SMS project is geared toward the middle income sector of the elderly care market, which is in the most demand within the State of Florida. 8. Debt service coverage must be 1 25x at a minim WL 'the financial feasibility study projects debt service coverage, at fill up, beginning at 125%, and slightly increasing thereafter. In addition, the bond documents require that service fees will be set such that debt service is always exceeded by net revenues of the project by 125%, as long as the bonds are outstanding. This level of coverage is standard within the elderly care industry for projects of this nature. It is also stated in the bond documents that debt service is to - be paid before any facility management fees. 9. A debt service reserve account Vill be tnalnWned throaghmat the life of the bonds. Originally, the financing structure called for a "springing" debt service reserve account, i.e. once a certain debt service coverage level was met for two consecutive years, the reserve account would be permitted to expire. This will no longer be the case, as a fully - capitalized debt service reserve account, consisting of one year's maximum principal and interest will be maintained over the life of the bond issue. 10. The relationshiR between 11119 protect a= Lne rre5CYCGia4J1_ %-'& ,,. w s,a.aWA.., provide substantial marketing bene ,fits. Because this will be a Presbyterian Church of America ("PCA") facility, the project should receive important marketing advantages. Z003/ 004 03; 30 00 10:54 $1 40" 422 5659 IWN R HOUGH - ORL Mr. Douglas M. Anderson March 29, 2000 Page 3 Recommendations from PCA churches, both locally and state-wide, can be helpful in providing waiting list candidates for the facility. Summary Senior Ministry Services, Inc. is constructing a 71 unit assisted living facility in St. Lucie County. They are requesting that St. Lucie County issue approximately $6,450,0001ndustria1 Revenue Bonds to finance the project. St. Lucie County would serve as a "conduit" issuer for this project, as the County would not be responsible for the payment of the bonds, rather the revenues from the facility would be pledged as security for the issue. We have reviewed the Market and Financial Feasibility Study for this project. From a financial standpoint, we believe that the project has a number of strengths, as follows: Bond documents require at least 125% coverage of debt service. Financial feasibility study projects debt service coverage beginning at 12511/o, increasing thereafter. • Fully funded debt service reserve account capitalized from bond proceeds, such reserve to remain intact throughout the life of the bonds. • Sufficient working capital capitalized from bond proceeds through fill up period. Strong facility management. We recommend approval of this Industrial Revenue Bond financing pending review of all documents by Squire, Sanders & Dempsey, L.L.P., and also the completion of satisfactory bond pricing, i.e. interest rates and underwriter's discounts, as being fair, reasonable and in the best interests of St. Lucie County. Please call if you need any additional information. Sincerely, WILLIAM R. HOUGH & Co. kvo Loomis C. Leedy, ITI First Vice President LCL: mkr U 004/004 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: Compensation and Job Classification Plan BACKGROUND: SEE ATTACHMENTS FUNDS AVAILABLE: PREVIOUS ACTION: None °„fir ITEM NO. 7 DATE: April 4, 2000 REGULAR[ X ] PUBLIC HEARING[ ] CONSENT [ ] PRESENTED BY: Doug Anderson County Administrator RECOMMENDATION: Staff recommends approval of the Compensation and Job Classification Plan dated March 31, 2000, to be effective with the pay period beginning April 2, 2000. Staff further recommends that permission be granted for staff to advertise for a public hearing to transfer funds from the general fund to the appropriate funds. COMMISSION ACTION: [ X] APPROVED [ ] DENIED [ ] OTHER: e � D o u as nderson County dministrator Review and Approvals County Attorney: Management & Budget Purchasing: originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 CONIS-z')ENTI -v '/ El �,MJ Sc - T I TTt � z � V* V* *+*+ BOAaRD OF COUNTY COMMIS':58SIONERS" ME--l-/,Er--/,,TlN`Ei 03/31/00 0S14✓LtJbtk CUUM - 90ARD *%� MA FZABWARR W LIST 01- 25-MAR-2000 TO J1-W-2000 PW StiMFlAltii FUND TITLE 1816 PA46L1� 001 General Fund 87�f157,1 255,25,E 001122 CDBG--World of plastics 2,942.75 0.00 001125 TC Community Action Agency FY 99/00 56.09 733,0 001126 Section 112/MPO/MA Planning WOO 484.15 4y599.38 001221 001-DEP-Childrens's Enviro Museum 4,453.31 0.00 001246 99/00 Emergency Mgmt. Prep & Assist 248.50 0.00 001247 99/00 Hazardous Materidl Grant 102,22 0100 001252 Urban Mobile Irrigation Lab Grdnt 88.21 11153,85 001805 SFWMD/SLSWCD EQIP Program 20525:00 0100 001807 Floridian Aquifer Well Monitoring 88.27 1,153,05 101 Transportation Trust Fund 22 061.48 890050,52 101001 Transportation Trust Interlocals 21,211,13 O.w 101002 Transportation Trust/80% Constitut 210124.21 O.f10 101003 Transportation Trust/Local Option 121450 0.00 101210 New County Health Building 16,122,61 0.00 102 Unincorporated Services FunA 610600,51 11i655,31 102001 Drainage Maintenance MSTU 231441 J04.00 105 Library Special Grants fund 850317.18 10912,10 107 Pine & Forfeiture Fund 2,958,531.95 % 413,66 112 River Park II Fund 504.61 0.00 115 Sheraton Plaza Fund 422,89 0.00 118 Paradise Park Fund 618.65 0.00 120 The Grove Fund 137.39 0100 122 Indian River Estates Fund 825.14 0.00 126 Southern Oak Estates Lighting 107.98 0.00 139 Palm Grove Fund 644.24 0.00 140 Port & Airport Fund 9,018.09 6,287,16 160 Plan Maintenance RAD Fund 1,051.25 51138,13 183 Ct Administrator-19th Judicial Cir 1,277.12 51409,04 183001 Ct Administrator-Arbitratioii/Mediat 781.23 1,11632 183004 Ct Admin.- Teen Court 401,91 24w,33 183105 Dom Relations gearing Offic€r 00/00 6,158.52 O'bo 183208 Court Reporter Grant -In -Aid 99/00 828.00 01W 185203 FHFA-SHIP 98/99 13,621.41 11269,66 185204 FHFA SHIP 99/00 150000.00 0,60 186 Recycling Operating Fund 10,117.05 21193,$4 186203 Recycling & Educdtion 99/00 863.25 11411,54 304 Communication System Fund 220207.00 0,06 305 Beach Acquisition Fund 8:867401 0,m 315 County Building Fund 11250,29 0,m 316 County Capital 3#324.50 61M 382 Environmental Ladd Capital Fund 640.65 0400 401 Sanitary Landfill Fund 30409,39 260329,86 418 Golf Course Fund 60325.15 15A5,22 421 H.E.W. Utilities Fund 380,37 510446 441 North Hutchinson Island Utilitiea 1,861,74 20881,65 451 S. Hutchinson Utilities Lurid 310139.82 2, IMS 461 Sports Complex Fund 37,911.52 loposa.22 03/31/00 OvOtUC19 60 = AbAit `wml� PA(M I FZABVARR VAkft & tISt #21- 25-W-2WO �o 3i-Mg-20M Pft SORARit FUND thig , ftm6l5 PA"Ott 471 koliday pines Utilit!69 Fund 6,)IMI 6.66 491 Building Code Fund 1 i umg nj ll . 2$ 501 Information Technology Fund 14j848.11 59 591 JI 505 Health Insurance Fund 49o329.92 2,$66.41 505001 Property/Casualty Insurance Fund 3,426.00 0.00 510 Servioe Garage Fund 14o916.77 6 014:61 611 Tourist Development TrUst-Adv Fund 11M.94 10061,51 615 impact Fees Fund 17�ojlio0 Mo 625 Lav Library 5�5.68 b.bo 660 AJ Waste -Water Utility Pohd 19,OW,00 GAM TotAL.- 4; 590, 494. A5 61 § y 110, 04 03/11/00 gf-*2Ucf 2 d0ft - 96APJJ Ifto PAM I FZAB'VAIkR Vbfb USTI 21- 8-w-m-W TO It -ma -low FUND 00 = 66ndta1 PUhd CHECK fwoicg Vkftlk fbTAt 00255662 12014650 Hum hd socitAty bf tha United s 120.00 12014652 120.00 d= toTAL., 240.00 NO totAt., 240.00 03/31/00 S, , U= FZABVAgR 8-ma-low TO I1-M-20 Pm., 101 pitio & PdtioltutLfi Fund cHEck twdldg llo&A W"At 00251269 12005005 QuAdtaMed Cotpotatibil 11491 00255755 12014552 Cason, ksquite, PoMld L 930.00 12014360 950.00 dIkk T&AL., 10900.00 Pft lVfAt.l 10011.01 PAC9 2 03/31/00 f clg 00= A *Mop G PZABt;Aitk voib U, to 27- 2"AttAW6 FIl1TIJi i�0 raitf66 mb puhd cxEcik otc tt i f&At 00255500 12011088 Thd Country Sioto l2a,tl0 M TONAL: 128,00 03/31/00 91SO UCA Coot - 96AM *4/ PAM 4 FZABUMA IvoIb Lf§t# 21- 8-tea-ldw To Ai-MM-20tl Furor: Obi - Spiii^tg dapl6k Piitd CHECK fto d Aflaft 16TAL 00255785 12014351 St Liide Wrist Sot-vicdg bigtrit 12014355 12014940 CtO,M moTAtt Aft motAL' i,li6.d2 1,333.09 2.65- d btt wo 2f646.46 2,646.46 03/31/00 S7'$L1UC19 Cofl - MAO `o PAGE 5 PZABUAikR V01b LISTi 21- 8-MAA=26i tl 31=t�A - o�ii FUND: 501 - trif6tuti6n tat6n6lo& i d 00252598 I2006533 Bathes & Noble PM SAL: �9.g4 %01 AGENDA REQUEST lftw# ITEM NO. C-2 DATE: April 4, 2000 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: 11 SUBMITTED BY(DEPT): ENGINEERING DIVISION Z(14 W Donald B. Welt, P.E. County Engineer SUBJECT: Pine Hollow Subdivision - Proposed Street Lighting District BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: None RECOMMENDATION: Staff concurs with the petitioners that the improvements would be of special benefit to all of the properties within the proposed district and recommends that the Board grant permission to advertise the public hearing. In the opinion of staff, this public hearing is recommended to be held on April 18, 2000 which is a "night" Board meeting. COMMISSION ACTION: [� APPROVED [ ] DENIED jj OTHER: [4-0 (Hutchinson Abstained) Pulled for separate vote. [X]County Attorney: (XI Public Works Dir: w� [] Finance Dir: Coordination/Signatures []Mgmt & Budget: [X]CO Eng: [] Other: gouglas M. Anderson County Administrator []Purchasing: [] Other: EM COMMISSION REVIEW: April 4, 2000 ENGINEERING MEMORANDUM NO. 00-079 TO: Board of County Commissioners FROM: County Engineer DATE: March 23, 2000 SUBJECT: Pine Hollow Subdivision - Proposed Street Lighting District BACKGROUND Staff has received a petition representing 52% of the property owners within the Pine Hollow Subdivision to create a street lighting district to provide street lighting by FPL. The Pine Hollow subdivision is a residential subdivision comprised of 56 single family lots. The petitioner's signatures have been verified and the limits of the proposed district are depicted in the attachments. This petition far exceeds the fifteen (15%) percent concurrence as required by County Ordinance. A general election is also required pursuant to the Ordinance. We have a majority in support of the project, therefore will recommend waiving the election which would save the property owners $1,000.00. This system would be comprised of eighteen (18) Traditional Luminaires mounted on eighteen (18) fiberglass poles. FPL will require a one-time deposit of $748.00 for this system. Per FPL's Street Lighting Tariff, the monthly charges for this system will be approximately $374.00. This equates to approximately $80.00 per lot per year. RECOMMENDATION Staff concurs with the petitioners that the improvements would be of special benefit to all of the properties within the proposed district and recommends that the Board grant permission to advertise the public hearing. 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COD C? COD OOD COD COD CQ CQ � -i CO � 000 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N v d v v a v Ln �U') Lo LO STREET LIGHT CALCULATION WORKSHEET DESIGNER VICKY HOLLY I PROJECT PINE HOLLOW SUBDIVISION This program will calculate the EAR for streetlight installations. The EAR total should be used on your DJET. All charges are based on FPL streetlight tariff, sheets 8.716 and 8.717. Valid for high pressure sodium vapor luminaires only. EAR for CIAC Is the same for FPL owned or customer owned streetlights (energy only or with relamping). ENTER DATA IN YELLOW SQUARES RENTAL NON -FUEL LAMP SIZE CHARGES ENERGY EAR EAR Lumens Watts FOR DJET FOR CIAC 5800 70 ( 4.91 60 X 12 j' = 0 $0 9500 100 (4.99 + .25 X 12 16000 150 18 (5.12 + 1.24 X 12) 31 3268 22000 200 (7.43 + 1.81 X 12) = SO $0 50000 400 7.47 + _3.46 X 12 - $0 SO EAR for CIAC = $266 . NUMBER OF CONCRETE POLES x 5349 , < X 12 = NUMBER OF FIBERGLASS POLES 15 x $413 € X 12 = NUMBER OF WOOD POLES x X 12 = TOTAL CABLE FOOTAGE 5_0 3-3-1 x O'.019i; `° X 12 = TOTAL EAR for DJET APPROXIMATE MONTHLY BILL APPROXIMATE DEPOSIT EAR FOR CIAC IS MADE UP OFTHE NON -FUEL ENERGY ONLY COMPONENT OF THE CUSTOMER CHARGE. EAR FOR DJET IS MADE UP OF THE TOTAL CHARGES TO THE CUSTOMER. STREETLIGHT EAR- REFER TO SPO 21475.4 pg 1 of 8. 0 cm 2.28; Ac I a 1501-00554OW/01 sn 2.281 Ac w+.e .s (501-OW-000/4) b 2.281 Ac 1501O0G!{W/5) m ------2.2--81 Ac L----m--- e TRACT W -1 TRACT Wd PINE HOLLOW SU =DIVISION SURI LET LOON79HO 003TROC 7 us.n m.,x I» (SA'�Or4000/6l I I 1.22 Ac I I (50(•0021• I I I rSC•002J•(00/91 (501-0020• I f5a- I POZP i 000/61 000/Jl I 1.45 K I' I rya /- 100/ ! r5a{p12• 000/a I r501 022• r5a0/7, 000�T1 1.06 K xu.»_ (5a-00190c.,0/11� . 1.21 K > Z�.29 Ac 1.93nc I 2.301K 2.30 Ac 2. K 2.30 K (5a-0023-150/31_ I 's 8� a 3" I nl1 I I s 8.p2y. I, 0l0/fil I 1� 1 I I = 1 1-06 K xu.be_ 1 (Sa00r9•ro0/71� I I 1.25 Ac 1 I I ^ 1-, 0023-200/9) 161 I I 3>T 1 1.21 Ac 1 htl 33 Y ------------- 0 1400-000a,X0/o) 75.20 Ac m Q a m -------lit- ._5--- I I i I h II II 1 I III I I III IVj 1332,0"1-000/27 =1 I I 19.05 Ac I I I 4 I I� I„ � I I L' ✓' 6 COG AGENDA REQUEST OR1�P TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PUBLIC WORKS - ADMIN 4117 ITEM NO. C2b DATE: 4/4//00 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] PRESENTED BY: Public orks, Dt4ject r SUBJECT: State of Florida Local Agency Certification/Request for Board pproval t4 A#ly for Grant. BACKGROUND: St. Lucie County is eligible for FDOT Funding for repairs of damage caused by Hurricane Floyd to Indian River Drive, (see attached letter dated Jan 24, 2000). Emergency repairs will be 100% funded and "permanent" repairs are eligible for 80% funding. In order for St. Lucie County to qualify for the "permanent repair" funding, it must be Local Agency Certified. Also a 20% local match will be required to fund the improvements. The total cost of the proposed improvements is $327,700.00. The required local match is $65,540.00 Matching funds will be budgeted in Fiscal Year 2001 budget, using local option gas tax revenue. FUNDS AVAIL.: Funds will be made available in local option gas tax, Fiscal Year 2001. PREVIOUS ACTION: NONE RECOMMENDATION: Staff recommends that the Board approve applying for FDOT funding for repairwork of Indian River Drive and applying for Local Agency Certification and authorize the Chairman to sign the applications. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: ]County Attorney, [x]Originating Dept. Public Works [ ]Finance (check for copy only, if applicable) CON Uou Cou Coordination/Signatures y� AMgt. & Budget WCo. Eng 11 s Anderson Administrator [ ]Purchasing []Other PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Ray Wazny, Public Works Director DATE: April 4, 2000 RE: State of Florida Local Agency Certification/Request for Board Approval to Apply for Grant. BACKGROUND: St. Lucie County is eligible for FDOT Funding for repairs of damage caused by Hurricane Floyd to Indian River Drive, (see attached letter dated Jan 24, 2000). Emergency repairs will be 100% funded and "permanent" repairs are eligible for 80% funding. In order for St. Lucie County to qualify for the "permanent repair" funding, it must be Local Agency Certified. Also a 20% local match will be required to fund the improvements. The total cost of the proposed improvements is $327,700.00. The required local match is $65,540.00 Matching funds will be budgeted in Fiscal Year 2001 budget, using local option gas tax revenue. RECOMMENDATION: Staff recommends that the Board approve applying for FDOT funding for repair work of Indian River Drive and applying for Local Agency Certification and authorize the Chairman to sign the applications. 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. BOARD OF COUNTY COMMISSIONERS January 24, 2000 Mr. Derek Fusco, P.E. Florida Department of Transportation Florida Division Office Federal Highway Administration 227 North Bronough Street, Suite 2015 Tallahassee, Florida 32301 Dear Mr. Fusco: M PUBLIC WORKS DIRECTOR Ray Wazny, P.E. Indian River Drive in St. Lucie County is located on the east side of the Indian River, facing Hutchinson Island, a barrier island. The river is directly adjacent to the roadway. This roadway has experienced recurring erosion during heavy rainfall events. hi 1997 we completed construction of a rip -rap rubble embankment along one segment of the roadway to repair erosion damage caused by a heavy rainfall event. In 1999, during Hurricane Floyd, this embankment failed again because of heavy rainfall. In addition to embankment failure, a portion of the roadway washed out and asphalt patching was completed as part of the repair after Hurricane Floyd. The cost to repair this area was estimated at S 141,400. The loss of the rubble- arniored embankment, which was placed to prevent erosion, indicates that this repair method was not sufficient to prevent subsequent damage by Hurricane Floyd. To prevent the recurring problem of failure during storm events, we are recommending that this segment be repaired with a reinforced concrete bulkhead_ The estimate for repair of this area is S295,200. A second smaller area of the edge of Indian River Drive was also damaged during Hurricane Floyd. In this instance the embankment failed because of the rainfall. The cost to repair this area was estimated to be S23,100. We are not confident that placing fill in the failed area, with sod, will prevent erosion in heavy rainfall events. Therefore, we are recommending that rip rap be used to help prevent erosion in future storms. The estimate for repair of this area is $55,600. These road segments have been damaged over the years and it appears they are likely to be damaged again in the future. The added features are considered economically justified because of the potential to save future costs under the Emergency Relief (ER) program, and the added features are eligible for ER funding. Please dill me at ('561) 462-1455 it ha%e any questions. .,,., PAI ILA A l ,. . Counry Adminis r�o , _ 2300 Virginia Avenue • Fr. Pierce. Fl_ 34962 Fublic Works: (561 ) 462-1465 • FAX (561 ��.Is Fngii- 5ci 462-1707 Fox 462-2362 Division of Rood 6 Bridge: 561 462-251 i FAX 462 2363 Division of Solid Wosre: (561) 462-1768 FAX 462-6987 Divisic; of Building & Inspecrions: (561) 462-1 553 Fox 462-1 735 • TDD (561) 462-1428 On en Sincerely, Rayin Jnd. WI RLW/sm cc: St. Lucie County Adnunistrator Road & Bridge Manager Drainage Coordinator Public Safety Director CM APPLICATION FOR LAP CERTIFICATION Narrative St. Lucie County has the following Professional Staff- 6 - Florida Registered Professional Civil Engineers 3 - Florida Engineer Interns 1 - Florida Registered Land Surveyor St. Lucie County has demonstrated performance in the areas outlined in 525-010-300 (3) in our recent widening of south 25`h Street. St. Lucie County uses a Request for Proposal process in hiring Engineering Consultants who are pre qualified with the Florida Department of Transportation. Consultants currently under a continuing contract include: Roadway and Intersection Design: Lindahl, Browning, Ferrari & Hellstrom Culpepper & Terpening Kimley-Horn & Associates Inwood Consulting Engineers Construction Management: American consulting Engineers Lindahl, Browning, Ferrari & Hellstrom Post Buckley, Schuh & Jernigan Culpepper & Terpenng Stormwater Design: Lindahl, Browning, Ferrari & Hellstrom Hazen & Sawyer Bridge Design: Kimley-Horn & Associates Jenkins & Charland M M Environmental Asset: Phase I Assessments: BSE Consultants R.L. Weigt Phase II Assessments: Ardaman & Associates Dames & Moore Engineerin,g Testing: Ardaman & Associates Dunkelberger St. Lucie County has the capability to match Federal Funds. BOARD OF COUNTY COMMISSIONERS March 24, 2000 Florida Department of Transportation Robert L. Born District Maintenance Operations Engineer -District 4 3400 West Commercial Blvd. Fort Lauderdale, FL. 33309-3421 Dear Mr. Born: I " AF T 'VOR JOHN D. BRUHN COMMISSIONER Attached is a copy of the Joint Participation Agreement approved by the Board of County Commissioners on Also included with this letter is a completed application for LAP Certification. The application includes: 1) Two copies of the Local Agency Certification Qualification Agreements (Form No. 525-010-33). 2) A St. Lucie County table of Organization. 3) A Narrative addressing qualifications. Please contact Ray Wazny at (561) 462-1485 if you have any questions concerning our application. John D. Bruhn Chairman, St. Lucie County Commission JOHN D. DRUHN. District No 1 • DOUC COWARD, District No 2 • PAULA A. LEWIS, District No. 5 • FRANNIE HUTCHINSON. District No. 4 • CLIFF DARNES, District No. 5 County Adminisrroror - Douglos M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 • (561) 462-1410 • FAX (561) 462-2131 • TDD (561) 462-1428 SUN COM 259-1406 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NOW0 FORM 525-010-33 LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT FINANCIAL PLANNING - 08197 Page 1 of 2 AGENCY ST. LUCIE COUNTY The noted agency hereby agrees to comply with the following requirements when developing all projects on the Federal Aid Highway Systems: 1. The Local Agency Program Manual and all policies and guidelines promulgated by the State of Florida Department of Transportation (FDOT) which accomplish the policies and objectives set forth in Title 23, U.S. Code, Highways and the Regulations Issued Pursuant Thereto. 2. The overall approval authorities and conditions will be as follows: a. The designs will be reviewed and approved by the following State of Florida registered Professional Engineer. County Engineer Position Title Only b. The hearing's findings (if required) will be reviewed and approved by the following official or officials. Chairman - Board of County Commissioners Position Title or Titles Only C. The contract plans, specifications and estimate of cost will be reviewed and approved by the following State of Florida registered Professional Engineer. Public Works Director Position Title or Titles Only d. Agreements will be signed by the following responsible local official: (1) Railroad Road and Bridge Manager Position Title Only (2) Utility Utility Director Position Title Only (3) Consultant County Engineer Position Title Only (4) Technical Services County Engineer Position Title Only e. The award of contract will be signed by the following responsible official. Chairman - Board of County Commissioners Position Title or Titles Only f. If there are DBE requirements on a project, the following will be the DBE liason officer: County Engineer Position Title z 0 0 E..� Z z_ w w w z oc!) z rlw z Ww r-� w y Y L, O _U J m D a Q BOARD OF COUNTY COMMISSIONERS January 24, 2000 Mr. Derek Fusco, P.E. Florida Department of Transportation Florida Division Office Federal Highway Administration 227 North Bronough Street, Suite 2015 Tallahassee, Florida 32301 Dear Mr. Fusco: *40 PUBLIC WORKS DIRECTOR Ray Wazny, P.E. Indian River Drive in St. Lucie County is located on the east side of the Indian River, facing Hutchinson Island, a barrier island. The river is directly adjacent to the roadway. This roadway has experienced recurring erosion during heavy rainfall events. In 1997 we completed construction of a rip -rap rubble embankment along one segment of the roadway to repair erosion damage caused by a heavy rainfall event. In 1999, during Hurricane Floyd, this embankment failed again because of heavy rainfall. In addition to embankment failure, a portion of the roadway washed out and asphalt patching was completed as part of the repair after Hurricane Floyd. The cost to repair this area was estimated at S 141,400. The loss of the rubble - armored embankment, which was placed to prevent erosion, indicates that this repair method was not sufficient to prevent subsequent damage by Hurricane Floyd. To prevent the recurring problem of failure during stone events, we are recommending that this segment be repaired with a reinforced concrete bulkhead. The estimate for repair of this area is $295,200. A second smaller area of the edge of Indian River Drive was also damaged during Hurricane Floyd. In this instance the embankment failed because of the rainfall. The cost to repair this area was estimated to be S23,100. We are not confident that placing fill in the failed area, with sod, will prevent erosion in heavy rainfall events. Therefore, we are recommending that rip rap be used to help prevent erosion in future storms. The estimate for repair of this area is $55,600. These road segments have been damaged over the years and it appears they are likely to be damaged again in the future. The added features are considered it justified because of the potential to save future costs under the Emergency Relief (ER) program, and the added features are eligible for ER funding. Please call me at (561) 462-1485 if you have any questions. ,10riN D ORbH^ �_ _ DOUG �A..,;ilD Di;.!r is r c _ PAULA A_ LE` ., . No RA �•.. �,i„ Counry Adminisrro ^s A. .- 2300 Virginio Avenue • Fr. Pierce. FL 34(?8" Public Works: (561) 462-'=65 • FAX (561 ) 462- Division cf Engineering: (561 ` 462-1707 Fox 462-2362 • Division of Rood U Bridge, ,�b1) a62-25 ; AX 4 62 -2363 Division of Solid Waste: (561 ) 462-1 768 FAX 462-69c- Division of Building & Inspections: (561) 462-1 553 Fox 462-1 735 • TDD 56 ;) 462 2rs Sincerely, Raym J,nd. W n RLW/sm cc: St. Lucie County Adnunistrator Road & Bridge Manager Drainage Coordinator Public Safety Director Detailed Damage Inspection Report (Title 23, Fede*-Aid Highways) nfportmWn °I Mt01w°Y -aft On REPORT NUMaER `P SHEET or - -- - } )CAnoO j (NAME OF ROAD AND MILEPOST) )-tN�+nr3 P � jCr -- �(?IVCa �C JSC.1 SCRIPTION OF DAMAGE (ATTACH SKETCH,) L �l DIrALTEa NumBER INSPFCTIO^I ,DnnAT= ' FcDER •AtD ROUT I COU 47Y DESCRIPTION OF WORK I UNIT COST - — EoUi IPMENT� LAXOR AND MATRiALS I OTY PRICE COMPLETED REMAINING cr„- r,. , , .= r, , C. , .. -1 r.- 1. ` -.-.....__ _!._ METHOD LOCAL FORCE. ❑ STA C FORCE] ❑ ENIvACENCY COM-RACT $USTOTAL EMERGENCY REP:.iR TOTAL ey 0 b n 'T D �l QD 0 L F I -7 �� c, n i`iI [•. � --- r ,J "r •'l S-r A-'i' A i T •f e� Il 1� 1"'' ^' S tNIN l ,J !1 i� r ` I � � T M I i .�.. �, v ,l 0.. it —r o It AGWr METHOD Q LacAL PONCES ❑STATE FORCES -XLOW BID CONTRACT I PsRM. REPAIR TOTAL '.`" PE/CE&I (250/9) 1 NVIRONMENTAL ASSESSMENT RECOMMENDATION FZIGHT-OF-WAY /h!h" RT'O JIRE� 0 MAJOR ACTION D NONl'i oR ACTION _ ` ���i �•�.�) 107 r ��r�'7'.� .. . � In RECOMMENDATION - FHWA LNGINEER ELIGIBLE ❑ INELIGIEI.F- ONCUFRRENCE - STATE ENGINEER Yes ❑ No CONCURRENCE ` LOCAL AGENCY REP,4E5ENT LLYCs ❑ No �:\USER510Fr1C1FH ! 5,C7-A.�V�=f� DACE /Z 3 •,`a+d'l�.a�_ `/ lam, �. 3 � ai �i DATE AUG 1999 . `�uu -. • �'u� i i �� nVA i NO. 713 P. 417 M f r� C_ r�l r I l L `� 7 �5 f F 7 e J IJ CSti1 V t• . f ice` { ,.l 'r ^: '� "� /C `1 T� ? ' n i P ( I I / S 0 a ?e-/c-�- 4 z. .1 % o, C. J 1111. Ll . L%1 J�J `1 • tl1_I( 1'1 f- L f CL/ hµf i HOVIII I *ftrl NO.713 P / S l'.`Z I— I `u I— I 1Y1-A i1 I t cm IAu. (II� P.6/7 2 II ✓ ` JI 1 1 I 11 1 l �1 1 I II' 1 I i I I ,I 111. I i �I I I I II II � 11 1 1 4 1 V i I.S YL r- Detailed. Damage�Ins pection Report (Title 23, F'edehweWd Highways) I MlghwaV 1dfOl OA :CATION (NAME OF ROADANDMILEPOST) �� N D r1•J y-�'Ij G r\ D�1v k` ���SLrJ i C> � 1 �_ '1 0. :SCRIPTION OF DAMAGE (ATTACH SKETCH) R R-e S , o " O r~- Sr , L-� (--T I p rJ DESCRIPTION OF WORK UNIT Hu. rl,_ r. r: r RIEPORT NUH9ER SHEET Or; ...--- I - DISASTER NUM9eR - INSPECT ,OA DATE c - FEQERAL-A1C RO Te NUM6ER 1 COUNTY -- - ' COST FoutpyENT, LABOR AND MAT6R/ALS rr � C a. j •t r'7 o f F e,. CITY PRICc COMPt.F-PED � I L `1 O I REMAINING MET>-IOD LOCAL FORCES ❑ STATE FORCES ❑ @p1ER01=NCY GONTMACT SUOTOTAL EMCRGENCY REP IR TOTAL Mb�, ��►>,�� r L-s '7 r7 0 ZOo 0 4 I L_! 1 0 -3 E I Los DO O R�mb�.C. IZ•P SYDNE,. Zed 'rN X AllL T.v = 4l7 r X 4� N : z5'. TN lk METHOD ❑LOCAL FORCES ❑STATE FORCE9 �LoW Slo CONTRACT PERM. REPAIR TOTAL PE/CE:&l (2 S%) ,,,�;- •,.��, ' ,.a (_l c7 u 'IRONMENTAL. A,3SEs5MENT RECOMMENDATION NoT RmUIREO ❑ MAjoFi ACT1oN © NoNM,L1oR Acn RIGHT-OF-WAY 1ON � `r'C�i Z7.4" �•;• 7 '.COMMENDATION - FHWA, ENGINEER DATE XEL101BLC ❑ INELI0161-E G % Z )NCIJRRENCE ' STATE ENGINEER pA Yes ❑ No 4,ax-7ty s.� d 1 - 0t C1 INCURRENCE - LOCAL .AGENCY REPRESENTATIVE DATE Yss ❑ NoIK- �G USERS\OF-FICLIFH 1547-A WFd AUC 1 g�9 FLORIDA =DEPARTMENT OF TRANSPORTATION JEB BUSH PROFESSIONAL SERVICES UNIT / DISTRICT IV Thomas F. Barry, Jr. GOVERNOR _ ' 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 Secretary Telephone: (954) 777-4600 Fax: (954) 777-4602 March 28, 2000 Mr. Ray Wazny, P.E., Public Works Director Saint Lucie County - Public Works Division 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Re: Joint Participation Agreement State FM# 408591-1-74-01 and 408591-1-74-02 Hurricane Floyd damage reimbursements for Federally Classified County Roads. Dear Mr. Wazny: I am enclosing five (5) corrected copies of Page One of the Joint Participation Agreement (JPA's) for the above referenced projects. Please replace this page and proceed to execute the JPA as outlined in my transmittal memo dated March 20, 2000. I apologize for any inconvenience this may have caused. Should you have any questions, please contact me at 954-777-4611. Sincerely, J Sep ne Softy ontractual Services Coordinator Enclosure: JPA Agreement Copy: Maria Connolly - FDOT Project Manager File En F1OP40o: 408591-1-74-01 & 02 F.A. No: N/A Fund Code: DS Contract No: Vendor No: VF596 000 835 010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND SAINT LUCIE COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of 12000, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County, State of Florida, located at 2300 Virginia Avenue, Ft. Pierce, Florida, 34982-5652 hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain repairs to Federal Highway Administration (FHWA) functionally classified county road(s) damaged by Hurricane Floyd. These repairs are located within St. Lucie County and are hereinafter referred to as the PROJECT; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 99-227, dated September 13, 1999 and President Clinton's subsequent Disaster Declaration EM3143, under the Robert T. Stafford Disaster and Emergency Act, to provide for the reimbursement of FHWA eligible costs only for State FM No. 408591-1-74-01 and 408591- 1-74-02. All FHWA Non -Participating costs shall be borne solely by the COUNTY; and, WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by Hurricane Floyd are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by resolution , 2000, a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 1 cn FN o:408591-1-74-01 & 02 F.A. No: N/A Fund Code: DS Contract No: Vendor No: VF596 000 835 010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND SAINT LUCIE COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of ,2000, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County, State of Florida, located at 2300 Virginia Avenue, Ft. Pierce, Florida, 34982-5652 hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain repairs to Federal Highway Administration (FHWA) functionally classified county road(s) damaged by Hurricane Floyd. These repairs are located within St. Lucie County and are hereinafter referred to as the PROJECT; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 99-227, dated September 13, 1999 and President Clinton's subsequent Disaster Declaration EM3143, under the Robert T. Stafford Disaster and Emergency Act, to provide for the reimbursement of FHWA eligible costs only for State FM No. 408591-1-74-01 and 408591- 1-74-02. All FHWA Non -Participating costs shall be borne solely by the COUNTY; and, WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by Hurricane Floyd are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by resolution , 2000, a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from j oint participation on the PROJECT, the parties agree to the following: The recitals set forth above are true and correct and are deemed incorporated herein. r F11"0 00: 408591-1-74-01 & 02 F.A. No: N/A Fund Code: DS Contract No: Vendor No: VF596 000 835 010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND SAINT LUCIE COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of ,2000, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County, State of Florida, located at 2300 Virginia Avenue, Ft. Pierce, Florida, 34982-5652 hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain repairs to Federal Highway Administration (FHWA) functionally classified county road(s) damaged by Hurricane Floyd. These repairs are located within St. Lucie County and are hereinafter referred to as the PROJECT; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 99-227, dated September 13, 1999 and President Clinton's subsequent Disaster Declaration EM3143, under the Robert T. Stafford Disaster and Emergency Act, to provide for the reimbursement of FHWA eligible costs only for State FM No. 408591-1-74-01 and 408591- 1-74-02. All FHWA Non -Participating costs shall be borne solely by the COUNTY; and, WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by Hurricane Floyd are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by resolution , 2000, a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: The recitals set forth above are true and correct and are deemed incorporated herein. i1o: 408591-1-74-01 & 02 F.A. No: N/A Fund Code: DS Contract No: Vendor No: •VF596 000 835 010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND SAINT LUCIE COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of ,2000, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County, State of Florida, located at 2300 Virginia Avenue, Ft. Pierce, Florida, 34982-5652 hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain repairs to Federal Highway Administration (FHWA) functionally classified county road(s) damaged by Hurricane Floyd. These repairs are located within St. Lucie County and are hereinafter referred to as the PROJECT; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 99-227, dated September 13, 1999 and President Clinton's subsequent Disaster Declaration EM3143, under the Robert T. Stafford Disaster and Emergency Act, to provide for the reimbursement of FHWA eligible costs only for State FM No. 408591-1-74-01 and 408591- 1-74-02. All FHWA Non -Participating costs shall be borne solely by the COUNTY; and, WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by Hurricane Floyd are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by resolution , 2000, a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from j oint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 1 Zn FMmo& 408591-1-74-01 & 02 F.A. No: N/A Fund Code: DS Contract No. - Vendor No: VF596 000 835 010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND SAINT LUCIE COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of ,2000, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County, State of Florida, located at 2300 Virginia Avenue, Ft. Pierce, Florida, 34982-5652 hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain repairs to Federal Highway Administration (FHWA) functionally classified county road(s) damaged by Hurricane Floyd. These repairs are located within St. Lucie County and are hereinafter referred to as the PROJECT; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 99-227, dated September 13, 1999 and President Clinton's subsequent Disaster Declaration EM3143, under the Robert T. Stafford Disaster and Emergency Act, to provide for the reimbursement of FHWA eligible costs only for State FM No. 408591-1-74-01 and 408591- 1-74-02. All FHWA Non -Participating costs shall be borne solely by the COUNTY; and, WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by Hurricane Floyd are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by resolution , 2000, a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from j oint participation on the PROJECT, the parties agree to the following: The recitals set forth above are true and correct and are deemed incorporated herein. FLORIDA JEB BUSH GOVERNOR E5 DEPARTMENT OF TRANSPORTATION PROFESSIONAL SERVICES UNIT / DISTRICT IV Thomas F. Barry, Jr. 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 Secretary Telephone: (954) 777-4600 Fax: (954) 777-4602 March 20, 2000 Mr. Ray Wazny, P.E., Public Works Director Saint Lucie County - Public Works Division 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Re: Joint Participation Agreement State FM# 408591-1-74-01 and 408591-1-74-02 Hurricane Floyd damage reimbursements for Federally Classified County Roads. Dear Mr. Wazny: I am enclosing five (5) copies of the Joint Participation Agreement (JPA's) for the above referenced projects. Please DO NOT fill in the date of the contract. The date of the contract shall be completed by our staff upon execution by the Department of Transportation's District Secretary. A fully executed copy will be forwarded to you for your files. In addition to the return of the five signed original agreements, we will need: • Two (2) original and three (3) certified copies of the Commission resolution that authorizes the execution of the JPA. If it is not possible to obtain resolutions, we will need: • Five (5) certified copies of the minutes of the Commission meeting at which this agreement was approved for execution. Should you have any questions, please contact me at 954-777-4611. Sincerely, Services Coordinator Enclosure: JPA Agreement Copy: Maria Connolly - FDOT Project Manager File .. Fly: 408591-1-74-01 & 02 F.A. No: N/A Fund Code: DS Contract No: Vendor No: VF596 000 835 010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND SAINT LUCIE COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of 92000, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County, State of Florida, located at 2300 Virginia Avenue, Ft. Pierce, Florida, 34982-5652 hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain repairs to Federal Highway Administration (FHWA) functionally classified county road(s) damaged by Hurricane Floyd. These repairs are located within Indian River County and are hereinafter referred to as the PROJECT; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 99-227, dated September 13, 1999 and President Clinton's subsequent Disaster Declaration EM3143, under the Robert T. Stafford Disaster and Emergency Act, to provide for the reimbursement of FHWA eligible costs only for State FM No. 408591-1-74-01 and 408591- 1-74-02. All FHWA Non -Participating costs shall be borne solely by the COUNTY; and, WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by Hurricane Floyd are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by resolution , 2000, a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: The recitals set forth above are true and correct and are deemed incorporated herein. *400, U 2. The COUNTY shall provide all design services necessary for completion of the PROJECT. 3. The COUNTY shall obtain any permits necessary to complete the PROJECT. 4. The COUNTY shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration (FHWA) and DEPARTMENT standards. 5. The COUNTY shall make available to the DEPARTMENT upon request any existing plans relevant to the COUNTY'S design and construction activities. Prior to construction, the Department shall approve plans which reflect the restoration work replaces the pre -storm conditions except as approved in the FHWA Detailed Damage Inspection Report(s) for betterment. The COUNTY will be responsible for verifying the accuracy of any PROJECT related plans prepared on the COUNTY' S behalf, and the COUNTY shall revise them as necessary to reflect'as-built' conditions upon completion of construction. Project plans that have been modified to reflect `as built' conditions shall be provided to the Department. 6. The DEPARTMENT agrees to reimburse the COUNTY only for FHWA eligible costs associated with construction and construction engineering and inspection of the aforementioned improvements as stated in FHWA Detailed Damage Inspection Report(s), a copies of which are attached hereto and made a part hereof. All other costs are to be borne by the COUNTY. 7. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the COUNTY. PROJECT costs eligible for DEPARTMENT participation will be allowed only from the date of final execution of the Agreement. Travel expenses are not authorized in this AGREEMENT. The COUNTY shall submit invoices for fees and other compensation for services or expenses in detail sufficient for a proper pre -audit and post -audit thereof. Invoice(s) shall be submitted to the State of Florida, Department of Transportation, at 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309. Attention: Cleo Marsh, P.E., District Maintenance Engineer. 8. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 9. This AGREEMENT shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until t"kOPROJECT is completed and appropri eimbursements are made. 10. The DEPARTMENT shall make payment to "St. Lucie County Board of County Commissioners" and forward to Attention: Ray Wazny, Public Works Director, 2300 Virginia Avenue, Ft. Pierce, Florida 34982-5652. 11. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the comptroller of the DEPARTMENT that funds are available prior to entering into any such contractor other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contacts of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. 12. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for the proper audit of costs. 13. The DEPARTMENT may cancel this AGREEMENT for refusal of the COUNTY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 of the Florida Statutes, made or reviewed by the COUNTY in conjunction with this AGREEMENT and shall make provisions in its AGREEMENTS with its consultants and sub -consultants to terminate for failure to comply with this provision. 14. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to termi�'ICEe the AGREEMENT without liability.`� 15. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising out of, because of, or due to any negligent or intentional act and/or occurrence, omission, or commission of the COUNTY, its agents. or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 16. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 17. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor rights in this AGREEMENT. The COUNTY is hereby advised of the following time frames. Upon receipt, the DEPARTMENT has ten (10) days to inspect the goods and services provided by the COUNTY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the Department of Banking and Finance. The twenty days are measured from the latter of the date the invoice is received or the goods and services are received, inspected and approved by the DEPARTMENT. If payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422 (3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest payments of less than one (1) dollar will not be enforced unless the County requests payment. Invoices which have to be returned to the COUNTY because of invoice preparations errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided the DEPARTMENT. A Vendor Ombudsman has been established with the Department of Banking and Finance. The duties of this individual include acting as an advocate for the COUNTY in the event that the COUNTY may be experiencing problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline (1-800-848-3792). 18. This document incorporates and includes all prior negotiations, correspondence, conversations, AGREEMENTS, or understanding applicable to the matters contained herein, and the parties agree that there are no commitments, AGREEMENTS or understanding concerning the subject matter of S this AGREEMENT th*are not contained in this document. *cordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or AGREEMENTS whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 19. The Department agrees to pay the COUNTY for the services herein described at a compensation as detailed in this Agreement. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 20. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 22. The DEPARTMENT will consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the participant knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. 23. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: 5 *40e *Ml% If to the DEPARTMENT: District Four Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 Attn: Ms. Teresa Martin, Contractual Services Coordinator With a copy to: Mr. Cleo Marsh, P.E. FDOT District Maintenance Engineer A second copy to: District General Counsel If to the COUNTY: St. Lucie County Public Works Division 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Attn: Mr. Ray Wazny, P.E., Public Works Director With a copy to : County Attorney 0 IN WITNESS WHEREOF, t*COUNTY has caused this Joint Partict ation Agreement to be executed in it's behalf this day of , 2000, by the Board of County Commissioners, and the DEPARTMENT has executed this Joint Participation Agreement through its District Secretary for District Four, Florida Department of Transportation, this day of , 2000. The effective date of this AGREEMENT shall be the date the last party to this Agreement has signed. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA SAINT LUCIE COUNTY DEPARTMENT OF TRANSPORTATION BY: CHAIRPERSON ATTEST: COUNTY CLERK APPROVED: (SEAL) COUNTY ATTORNEY :• DISTRICT SECRETARY ATTEST: EXECUTIVE SECRETARY DATE OF EXECUTION APPROVED: (SEAL) DIRECTOR OF ADMINISTRATION APPROVED: (AS TO FORM) MM 7 DISTRICT LEGAL COUNSEL /` PE-B.23.200 1:38PM FL FED HWY ADMI ,uetai�ea uamd�F �nspeclion Deport (Title 23, Fb Highways) Y al -Aid Hi hwa ) ►npn+.or nlnl.ndla� OCATION (NAME OF ROAD AND MILEPOST) No A►� Rti�c�.. �c�,.,c; �e�s� 6 f,, A c.rk_ g D 1ESCRIPTION OF DAMAOF- (ATTACH SK`7CH) :1-?, 0 5.O r-) o F- A R. yl -Y ,� .., I .� - w M u R. 9-1 c. A rJ [. t . O { pc �-e a,4 D C7 (7. O 0: 7 N0.207 P.2i2 RC? ogT ryUMSER " 94r o0 2 ShEeT I t or 1 OiSA9T6R NUMBER .. I1+S!ECTIO 0ATM r FKLER •AIo Ro i iCOUNTY •__ DESCRIPTION OF WORK EOUJPME•NT, L45OR AND MA7ERb4L5 CITY i UNIT C05T PRICE. I CO..,IPLETED REMAINING GM ANttM�N 7 ��� i5�O 10 L L A ->• L S I• o uA I -- METHOD LOCAL FORCES C STAYE FORCes 4 EMERGENCY CONTRACT SUBTOTAL ' '' EMERGENCY REPAIR TOTAL ,�1`,4 �-"��.•:• �:.• °+!'' 4 T I as N AID G-1 is6 /20 00 Z) • � I W Ij C, Ez I ..J I- Ewre i i! M pj fm 6 T c.I, I -ror? Q 'r I -for A E 5 L.i N PbJT R W N 6Y rr6 'Y cx r a 1 5&1, 1711 N ' R C+ S T i A'r ..� Y. M A, -Y Th T i (METHOD O LOCAL FORCE.9 Q STAr[ FoRces XLOW Bio CONTRACT i PERM. REPAIR TOTAL PE/CEai (250/.) �); ��Q p p /IRONMEN%rAL ASSESSMENT RECOMMENDATION NOT REOUIRZO d MAJOR ACTION 0 NoNIM.wOR ACTION RIGhT-OF"WAY FsTiW�T'='�i�vT.:L, r i:{'Y.•r , :COMMENDATION - FHWA ENGINEER DATE "KELICIOLE 0 INCLIC15Le - / z )NCURRENC E - STATE ENGINEER d TE xYr s Ea Na )NCURRENCE LOCAL AoENCY REPRESENTATI DATE cs C No ,USERS%OFFIcEFH I 547•A.WPD AUo 1999 FE.B.23.2000 1:38PM FL FED HWY ADMIN Detailed Damag Inspection Report (Title 23, Fe"decal-Ald Highways) ornpoRa Iral Mprwcy JM�hala^ OCATION (NAME. OF ROAD AND MR-EPOST) � AC.or tESCRIpT'ION OF DAMAGE (ATTACH SKIE7CH) Im E CL.o -, � 0 N p I:- �-- I F R o r-, W A. -i C A C..'T 1 0 ri iF_FN0.207,�Ep P.1/2 94 -g SHEEP or 1 ClsASTEri Numacm INbr£CT Ory DATE a_ --- __I2/0�/ `1C\ FMRALAio ROUTE NumuEfi 17j`{ 1A v^n> L ACE f UO`C `PrQo,,an, +03 rT i Couwry - -- S-c 1ru<,IC [DESCRIPTION OF WORK UNIT COST EOU/PMENT. LABOR AND MATERIALS OTY PRICE COMPLETED REMAINING 1" L 1 O .J M. . _ Cap 0-- - - - • OPTIONAL FORM 99 (7-00) --. FAX TRANSMITTAL 0ofpages r - _ I To From V\ DeptJAgency fax N Fax 0 9- �--•�-• - NSN 7540-01�17_7368 SC90-101 G:NERAL SERVICES ADMINISTRATION r Mr=i'HOD LOCAL FORCES a STATE FORCEs O EmcRaENCY CONTRACT SUBTOTAL - '' +� •�" [ �" ` • �`• '�•'� .y'"' EMERGENCY REP IR TOTAL % f L - -,�D '1 ' 0 0 » _ HOC od 0 i M 0 T RJQDLL R.P STONE. Z5� T.d % D-N h5 0.^9 4� O V J T o STATE FoRces Low BIb CONTRACT^/ i PERM. REPAIR TOTAL ME.THOO o FORCES j PFICE&i (25%) I:NVIRONHENTAL. AssEssMENT RECOMMENDATION RIGHT -OP -WAY NoT REoulfrcc O MA.Iori AcT1oN Q NoNMA cR ACTION RECOMMENDATION - FHWA ENGINEER -- CONCURRENCE - STATE ENGINEER XYn ❑ No CONCURRENCE - LOCAL AGENCY REPRESENTATIVE XYes O No u�2 3� �• ^ SttX �� S. r DATE Da AUO 1990 G:\USERS\0FnCE\FH 1847•A.VIPD FAQ: 408591-1-74-01 & 02 j F.A. No: N/A Fund Code: DS ' Contract No: Vendor No: VF596 000 835 010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND SAINT LUCIE COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of ,2000, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County, State of Florida, located at 2300 Virginia Avenue, Ft. Pierce, Florida, 34982-5652 hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain repairs to Federal Highway Administration (FHWA) functionally classified county road(s) damaged by Hurricane Floyd. These repairs are located within Indian River County and are hereinafter referred to as the PROJECT; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 99-227, dated September 13, 1999 and President Clinton's subsequent Disaster Declaration EM3143, under the Robert T. Stafford Disaster and Emergency Act, to provide for the reimbursement of FHWA eligible costs only for State FM No. 408591-1-74-01 and 408591- 1-74-02. All FHWA Non -Participating costs shall be borne solely by the COUNTY; and, WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by Hurricane Floyd are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by resolution , 2000, a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: l . The recitals set forth above are true and correct and are deemed incorporated herein. cm 2. The COUNTY shall provide all design services necessary, for completion of the PROJECT. 3. The COUNTY shall obtain any permits necessary to complete the PROJECT. 4. The COUNTY shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration (FHWA) and DEPARTMENT standards. >. The COUNTY shall make available to the DEPARTMENT upon request any existing plans relevant to the COUNTY'S design and construction activities. Prior to construction, the Department shall approve plans which reflect the restoration work replaces the pre -storm conditions except as approved in the FHWA Detailed Damage Inspection Report(s) for betterment. The COUNTY will be responsible for verifying the accuracy of any PROJECT related plans prepared on the COUNTY'S behalf, and the COUNTY shall revise them as necessary to reflect 'as -built' conditions upon completion of construction. Project plans that have been modified to reflect `as built' conditions shall be provided to the Department. 6. The DEPARTMENT agrees to reimburse the COUNTY only for FHWA eligible costs associated with construction and construction engineering and inspection of the aforementioned improvements as stated in FHWA Detailed Damage Inspection Report(s), a copies of which are attached hereto and made a part hereof. All other costs are to be borne by the COUNTY. 7. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the COUNTY. PROJECT costs eligible for DEPARTMENT participation will be allowed only from the date of final execution of the Agreement. Travel expenses are not authorized in this AGREEMENT. The COUNTY shall submit invoices for fees and other compensation for services or expenses in detail sufficient for a proper pre -audit and post -audit thereof. Invoice(s) shall be submitted to the State of Florida, Department of Transportation, at 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309. Attention: Cleo Marsh, P.E., District Maintenance Engineer. S. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 9. This AGREEMENT shall continue in effect and be binding to both the COUNTY and the 2 `*4w I.% DEPARTMENT until the PROJECT is completed and appropriate reimbursements are made. 10. The DEPARTMENT shall make payment to "St. Lucie County Board of County Commissioners" and forward to Attention: Ray Wazny, Public Works Director, 2300 Virginia Avenue, Ft. Pierce, Florida 34982-5652. 11. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contacts of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. 12. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for the proper audit of costs. 13. The DEPARTMENT may cancel this AGREEMENT for refusal of the COUNTY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 of the Florida Statutes, made or reviewed by the COUNTY in conjunction with this AGREEMENT and shall make provisions in its AGREEMENTS with its consultants and sub -consultants to terminate for failure to comply with this provision. 14. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terming e the AGREEMENT without liability. 15. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising out of, because of, or due to any negligent or intentional act and/or occurrence, omission, or commission of the COUNTY, its agents, or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 16. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 17. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor rights in this AGREEMENT. The COUNTY is hereby advised of the following time frames. Upon receipt, the DEPARTMENT has ten (10) days to inspect the goods and services provided by the COUNTY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the Department of Banking and Finance. The twenty days are measured from the latter of the date the invoice is received or the goods and services are received, inspected and approved by the DEPARTMENT. If payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422 (3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest payments of less than one (1) dollar will not be enforced unless the County requests payment. Invoices which have to be returned to the COUNTY because of invoice preparations errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided the DEPARTMENT. A Vendor Ombudsman has been established with the Department of Banking and Finance. The duties of this individual include acting as an advocate for the COUNTY in the event that the COUNTY may be experiencing problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline (1-800-848-3792). 18. This document incorporates and includes all prior negotiations, correspondence, conversations, AGREEMENTS, or understanding applicable to the matters contained herein, and the parties agree that there are no commitments, AGREEMENTS or understanding concerning the subject matter of 0 this AGREEMENT that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or AGREEMENTS whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 19. The Department agrees to pay the COUNTY for the services herein described at a compensation as detailed in this Agreement. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 20. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 22. The DEPARTMENT will consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the participant knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. 23. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: 5 *4100 If to the DEPARTMENT: ' District Four Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 Attn: Ms. Teresa Martin, Contractual Services Coordinator With a copy to: Mr. Cleo Marsh, P.E. FDOT District Maintenance Engineer A second copy to: District General Counsel If to the COUNTY: St. Lucie County Public Works Division 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Attn: Mr. Ray Wazny, P.E., Public Works Director With a copy to : County Attorney G IN WITNESS WHEREOF, the COUNTY has caused this Joint Participation Agreement to be executed in its behalf this day of , 2000, by the Board of County Commissioners, and the DEPARTMENT has executed this Joint Participation Agreement through its District Secretary for District Four, Florida Department of Transportation, this day of , 2000. The effective date of this AGREEMENT shall be the date the last party to this Agreement has signed. BOARD OF COUNTY COMMISSIONERS SAINT LUCIE COUNTY BY: CHAIRPERSON ATTEST: COUNTY CLERK (SEAL) APPROVED: I:• COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION mm DISTRICT SECRETARY ATTEST: EXECUTIVE SECRETARY (SEAL) DATE OF EXECUTION APPROVED: DIRECTOR OF ADMINISTRATION APPROVED: (AS TO FORM) BY: DISTRICT LEGAL COUNSEL 7 t''FEB.23.200�iea 1.38PM FL HWY ADMI . ,uezaiuam��c FED nspec` ion Report ^� ^� (Title 23, Fkera(-Aid Highways) OCATION (NAME OF ROAD AND MILEPOST) IESCRIPTION OF QAMACIE (ATTACH SKt<TCH) �—R.6S,n,J of A 0.t-r P,L A )4uV-9,1 P�rJC N0.207 P.2i2 R¢POgT NUMdrq I 94r oca 2 Sheer i or DISASTCR NUMBER ^ qq--:ao_I INSRECTIO DATE 12 c 3 F[OER AIO ROIfiE, NUHOCR`_^ COUNTY _--_ I 5-r- Lv e..I r— UESCFiIRiION OF WORK EOuIPME•NT, LABOR AND MATERIALS QTY UNIT C05T PP.tCE COMPLETED REMAINING L A L S M=THOD I OCAL FORCGS ❑ STAYE FORCeS 4 EMERGENCY CONTRACT SUBTOTAL EMERGENCY �1`i �V\!� `{:;; •�: REPAIR TOTAL'•r- 5 o00 7 I oa .., -tI�o igO 10o 120 c, L7 1, C 4 -7 • � 1 W I A Lw E I 1 v.! I- \ T `TIL T S A X 1 " -7 H r1 A Z Z nJ .�. 6 f ti _T L O J ..I'T -r Orr Q 1 W Olt-5 )nl A e>,JT R W 1't 4 k*6 /Wv fin IA N Y C (% i '1 N "'r i R t, s -r A-r ..� S -r M A, -f -4ACj4MtNT ! METHODO LOCAL Fortces Q STATL FoRces Low Bfo CONTRACT i PERM. REPAIR TOTAL PE/CEFaI (25%� ('.; 0 O p /IRONMENTAL ASSESSMENT RECOMMENDATION / NOT REQUIFIrD ❑ MAJOR AGT10N M NONMAJOI! ACTION RIGHT•OF-WAY ,VTA-L, .. yF r-� :ram• ,•., i �i�•+�l.r , ECOMMENDATION - FHWA ENOINE,ER p�TE "IKE d INELIOIOLe L -,—A a". )NCURRENCt; - STATE ENGINEER XYEs Q No )NCURRENCE , LOCAL AOENCY R §-" O No wS w DATE ,USERS%OFFICEVti I 547•A.WP0 Auo 1999 FEB.23.2000 1.38PM FL FED HWY ADMIN Detailed Damau , ,, spectian Report (Title 23, Federal -Aid Highways) ,.a M n«ay OCATION (NAME OF ROAD AND MILEPOST) �r`1'P•P\� P-yv�� �GZ�vlr lam.AL1A Q?%.-�+ O IESCRI"ON OF DAMAGE (ATTACH SKETCH) Ercey,D..> C) Fro cr'[ I O rJ eo n 4 0 0 F? F_FL119:?G7,,£p P- 1/2 94-0SD�-\ SHEET OF 4 I DISASTER NUmMrp1 IN6rECT10 DATE a -_t2 )d3/ `1`1 F£OkRAI•AIO ROLTr- NumuER CouKnr S -r 1--') c, I E)ESCRIf'TION OF WORK UNIT COST EOLj1,=NENT. L BoR AND MATERIALS QTY PRICE: COM?LE7ED REMAINING -- 9 a LS Sao _ S OPTIONAL FORM 88 (7-90) --- FAX TRANSMITTAL aorp.ses. To n From M p E 0.QK 1`J --- — Oep[JApency Phone Y Fax it Fax R NSN 7540-01-317-7386 SC98-101 GENERAL SERVICES ADMINISTRATION _ -^ I Mi:jHOD LOCAL FORCES C STATE FORCCs O EMERGENCY CONTRACT SUBTOTAL _1,n REP IR TOTAL EMERGENCY fy\1 O I . I 00 o I Loy15. 5 0 0 4 -r RJpb� L R•P STONE. Z6O TrJ X METHOD O LOCAL FORcF$ D STATIC Fonces 9(LO•N 510 CONTRACY �-'NVIRONHeNTAL ASSESSMENT RECOMMENDATION Nor REOUIRED Q MA.1OR ACTION ❑ NoNMA.IGR ACTION RECOMMENDATION - FHVIA ENGINEER )I(EL10191E D IN£LIGMLE CONCURRENCE - STATE ENGINEER )(YES ❑ No — CONCURRENCE - LOCAL. AGENCY REPRESENTATIVE Yes ❑ No PERM• REPAIR TOTAL. PE/CE&1 (25%) RIG HT•OF•WAY DATE DA 1a-3--9�=i DATE AUG 199fl G:\USERS\OFFICE\FH 1 547•A.VVIPO Ol o: 408591-1-74-01 & 02 F.A. No: N/A Fund Code: DS Contract No: Vendor No: VF596 000 835 010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND SAINT LUCIE COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of ,2000, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County, State of Florida, located at 2300 Virginia Avenue, Ft. Pierce, Florida, 34982-5652 hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain repairs to Federal Highway Administration (FHWA) functionally classified county road(s) damaged by Hurricane Floyd. These repairs are located within Indian River County and are hereinafter referred to as the PROJECT; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 99-227, dated September 13, 1999 and President Clinton's subsequent Disaster Declaration EM3143, under the Robert T. Stafford Disaster and Emergency Act, to provide for the reimbursement of FHWA eligible costs only for State FM No. 408591-1-74-01 and 408591- 1-74-02. All FHWA Non -Participating costs shall be borne solely by the COUNTY; and, WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by Hurricane Floyd are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by resolution , 2000, a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: l . The recitals set forth above are true and correct and are deemed incorporated herein. 1 M `rrr" 2. The COUNTY shall provide all design services necessary for completion of the PROJECT. 3. The COUNTY shall obtain any permits necessary to complete the PROJECT. 4. The COUNTY shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration (FHWA) and DEPARTMENT standards. 5. The COUNTY shall make available to the DEPARTMENT upon request any existing plans relevant to the COUNTY'S design and construction activities. Prior to construction, the Department shall approve plans which reflect the restoration work replaces the pre -storm conditions except as approved in the FHWA Detailed Damage Inspection Report(s) for betterment. The COUNTY will be responsible for verifying the accuracy of any PROJECT related plans prepared on the COUNTY' S behalf, and the COUNTY shall revise them as necessary to reflect'as-built' conditions upon completion of construction. Project plans that have been modified to reflect `as built' conditions shall be provided to the Department. 6. The DEPARTMENT agrees to reimburse the COUNTY only for FHWA eligible costs associated with construction and construction engineering and inspection of the aforementioned improvements as stated in FHWA Detailed Damage Inspection Report(s), a copies of which are attached hereto and made a part hereof. All other costs are to be borne by the COUNTY. 7. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the COUNTY. PROJECT costs eligible for DEPARTMENT participation will be allowed only from the date of final execution of the Agreement. Travel expenses are not authorized in this AGREEMENT. The COUNTY shall submit invoices for fees and other compensation for services or expenses in detail sufficient for a proper pre -audit and post -audit thereof. Invoice(s) shall be submitted to the State of Florida, Department of Transportation, at 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309. Attention: Cleo Marsh, P.E., District Maintenance Engineer. 8. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 9. This AGREEMENT shall continue in effect and be binding to both the COUNTY and the D,EPARTMENT until th*ROJECT is completed and appropriatt*eimbursements are made. 10. The DEPARTMENT shall make payment to "St. Lucie County Board of County Commissioners" and forward to Attention: Ray Wazny, Public Works Director, 2300 Virginia Avenue, Ft. Pierce. Florida 34982-5652. 11. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contacts of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. 12. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for the proper audit of costs. 13. The DEPARTMENT may cancel this AGREEMENT for refusal of the COUNTY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 of the Florida Statutes, made or reviewed by the COUNTY in conjunction with this AGREEMENT and shall make provisions in its AGREEMENTS with its consultants and sub -consultants to terminate for failure to comply with this provision. 14. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall 3 have the fright to terminak'fhe AGREEMENT without liability. "rd 15. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising out of, because of, or due to any negligent or intentional act and/or occurrence, omission, or commission of the COUNTY, its agents, or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 16. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 17. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor rights in this AGREEMENT. The COUNTY is hereby advised of the following time frames. Upon receipt, the DEPARTMENT has ten (10) days to inspect the goods and services provided by the COUNTY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the Department of Banking and Finance. The twenty days are measured from the latter of the date the invoice is received or the goods and services are received, inspected and approved by the DEPARTMENT. If payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422 (3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest payments of less than one (1) dollar will not be enforced unless the County requests payment. Invoices which have to be returned to the COUNTY because of invoice preparations errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided the DEPARTMENT. A Vendor Ombudsman has been established with the Department of Banking and Finance. The duties of this individual include acting as an advocate for the COUNTY in the event that the COUNTY may be experiencing problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline (1-800-848-3792). 18. This document incorporates and includes all prior negotiations, correspondence, conversations, AGREEMENTS, or understanding applicable to the matters contained herein, and the parties agree that there are no commitments, AGREEMENTS or understanding concerning the subject matter of 0 this AGREEMENT th*are not contained in this document. )Wcordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or AGREEMENTS whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 19. The Department agrees to pay the COUNTY for the services herein described at a compensation as detailed in this Agreement. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 20. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 22. The DEPARTMENT will consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the participant knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. 23. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: 5 %W101 ,,%0 If to the DEPARTMENT: District Four Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 Attn: Ms. Teresa Martin, Contractual Services Coordinator With a copy to: Mr. Cleo Marsh, P.E. FDOT District Maintenance Engineer A second copy to: District General Counsel If to the COUNTY: St. Lucie County Public Works Division 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Attn: Mr. Ray Wazny, P.E., Public Works Director With a copy to : County Attorney IN WITNESS WHEREOF, NOCOUNTY has caused this Joint Partici*ion Agreement to be executed in its behalf this' day of , 2000, by the Board of County Commissioners, and the DEPARTMENT has executed this Joint Participation Agreement through its District Secretary for District Four, Florida Department of Transportation, this day of 2000. The effective date of this AGREEMENT shall be the date the last party to this Agreement has signed. BOARD OF COUNTY COMMISSIONERS SAINT LUCIE COUNTY BY: CHAIRPERSON ATTEST: COUNTY CLERK (SEAL) APPROVED: COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY ATTEST: EXECUTIVE SECRETARY (SEAL) DATE OF EXECUTION APPROVED: DIRECTOR OF ADMINISTRATION APPROVED: (AS TO FORM) BY: DISTRICT LEGAL COUNSEL 7 I !. TE-B.23.200 1:38PM FL FED HWY ADMI . ueianea uamagia inspection Deport 4L (Title 23, Fb]- al -Aid Highways) .rol rnCA« MIN M NO.207 P.2i2 Rzf 09T NUHBrA a 2 I Sheer of OCATION (NAME OF ROAD AND MILEPOST) IESCRIPTION OF DAMAGE (ATTACH SK`TCH) E?,05•3a OF P, 0.t ���.� I.s 4- wA�� Rta►� t=-%.- %- F: C.-rf MUGLRI c_A" �: ILa a D OISASTCR NUMBER INSRECTIO DATE F[OER •AID ROUT£ NUHOC,R •„ t COUNTY ` '•` d--,'T 1 pESCRIPTION OF WORK EgIJIPMEN% LaBOR AND MA7-ERL4L5 • QTY • UNIT COST PRICE COMPLETED REMAINING c N'7 !' �. 15� 10 G I0 --....� GO 0 MRHOD LOCAL FoRces ❑ STATE FORCES X. Q EMERGENCY CONTRACT SUBTOTAL EMERGENCY ��`ti ";y:;.. �:,• REPAIR TOTAL I; '•- Goo .T ao N 6 ��1 Qfi C I i TF- 0 A V3 R L.x l •fT T N ' f T C, n .. -r Z A-T r w +r s iN A t.. J. RNei W ft 5 G /4Vnn A N Th T I i METHOD ❑ LOCAL FORCe9 17 STATE FoRces LOW BIO CONTRACT ; PERM. REPAIR TOTAL PE/CE&I (250m i " �d' Q O 2. 0. D PRONMENTAL ASSESSMENT RECOMMENDATION NOT RCCUIREo d MAJOR ACTION Cl NON Ma.1OR ACTION RIGHT'OF-WAY TZiAk :COMMENDATION - FHWA ENGINEER L p�SE ' �ELICIOLE p INELIGIOLE 12 )NCURRENCE - STATE. ENGINEER D TE XYEs (3 No A fQ �G+e.rQ )NCURRENCE LOCAL AGENCY REPRESENTATI DATE 0 No le4d,2. // ,USERS\OFFICE\P•H 1547•A.WPD AUa IQ 9a FEB.23.2000 1:39PM FL FED WY ADMIN. R_Ft1.9;2G�7,�£A P.1/2 - Detailed Damao -.-Inspection Report � (Title 23, Fede�"''al-Aid Highways) SHEET OF on�Go�o ,,a to nwaY OCATION (NAME OF ROAD AND MII.EPOST)71-1 DISASTER NuMe6n ra �D ' F'. ••� P— 1 v CZ v INS-FCTIO DATE- S�Eac.N IESCRIP-nON OP DAMAGE (ATTAcH SKe;TCH) ! Fe_D'RAL-A,o R 7- Numuui A G.'T I j ej - -- R,,-t 4oa F- I COUNTY S -r A-. � c� I C DESCRIPMON OF WORK UNIT COST EOUIPNE'NT. LAsoR AND MATERIALS OTY PRICE COMPLETED REMAINING 44 10 C a Q- C1 S s n a METHOD x 10CAL FORCES D STATE FORCES OPTIONAL FOAM ge (7-00) FAX TRANSMITTAL 0ofpagisP. 2 To From -.-_ 1 DeptJAgeney Phone N ��tt � Faxi1Fax 1 NSN 7640-01-317-7368 bogs-101 GENERAL SERVICES ADMINISTRATION - _^ {» •:' , a ❑ EMERQENSUBTOTAL. CONTRACT EMERGENCY RFP IRTOTAL tiY I 7 I L. S -L,_�ot� I I `oc 00 O I ( 5 004 T d' iE� •P StOeJE-X �i O N = ii �� O �4 1.- T"►► 0 25o T'NJ METHOD O LOCAL FORCe<5 ❑ STAYS Fonees XLow Bto CONTRACT �-'NVIRONMeNTAL. AssF-SSMENT RECOMMENDATION NOT RSOUIRED Q MAJOR ACTION Q NoNMuoR ACTI04 RECOMMENDATION - FHVIJA ENGINEER )I(ELtoISLS D INLIG15LE 2y� CONCURRENCE • STATE ENGINEER xYES 0 No CONCURRENCE - LOCAL. AGENCY REPRESENTATIVE X(Yes Q No PERM• REPAIR TOTAL. PE/CEW (25%) R IG HT` O F•WAY DATE AUO 1990 1 547-A.WP0 FN%aib:408591-1-74-01 & 02 F.A. No: N/A Fund Code: DS Contract No: Vendor No: VF596 000 835 010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND SAINT LUCIE COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of ,2000, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County, State of Florida, located at 2300 Virginia Avenue, Ft. Pierce, Florida, 34982-5652 hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain repairs to Federal Highway Administration (FHWA) functionally classified county road(s) damaged by Hurricane Floyd. These repairs are located within Indian River County and are hereinafter referred to as the PROJECT; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 99-227, dated September 13, 1999 and President Clinton's subsequent Disaster Declaration EM3143, under the Robert T. Stafford Disaster and Emergency Act, to provide for the reimbursement of FHWA eligible costs only for State FM No. 408591-1-74-01 and 408591- 1-74-02. All FHWA Non -Participating costs shall be borne solely by the COUNTY; and, WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by Hurricane Floyd are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by resolution , 2000 , a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 1 M M 2. The COUNTY shall provide all design services necessary for completion of the PROJECT. 3. The COUNTY shall obtain any permits necessary to complete the PROJECT. 4. The COUNTY shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration (FHWA) and DEPARTMENT standards. 5. The COUNTY shall make available to the DEPARTMENT upon request any existing plans relevant to the COUNTY'S design and construction activities. Prior to construction, the Department shall approve plans which reflect the restoration work replaces the pre -storm conditions except as approved in the FHWA Detailed Damage Inspection Report(s) for betterment. The COUNTY will be responsible for verifying the accuracy of any PROJECT related plans prepared on the COUNTY' S behalf, and the COUNTY shall revise them as necessary to reflect' as -built' conditions upon completion of construction. Project plans that have been modified to reflect `as built' conditions shall be provided to the Department. 6. The DEPARTMENT agrees to reimburse the COUNTY only for FHWA eligible costs associated with construction and construction engineering and inspection of the aforementioned improvements as stated in FHWA Detailed Damage Inspection Report(s), a copies of which are attached hereto and made a part hereof. All other costs are to be borne by the COUNTY. 7. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the COUNTY. PROJECT costs eligible for DEPARTMENT participation will be allowed only from the date of final execution of the Agreement. Travel expenses are not authorized in this AGREEMENT. The COUNTY shall submit invoices for fees and other compensation for services or expenses in detail sufficient for a proper pre -audit and post -audit thereof. Invoice(s) shall be submitted to the State of Florida, Department of Transportation, at 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309. Attention: Cleo Marsh, P.E., District Maintenance Engineer. 8. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 9. This AGREEMENT shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until *PROJECT is completed and appropria'k*4reimbursements are made. 10. The DEPARTMENT shall make payment to "St. Lucie County Board of County Commissioners" and forward to Attention: Ray Wazny, Public Works Director, 2300 Virginia Avenue, Ft. Pierce, Florida 34982-5652. 11. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into anv contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contacts of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. 12. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for the proper audit of costs. 13. The DEPARTMENT may cancel this AGREEMENT for refusal of the COUNTY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 of the Florida Statutes, made or reviewed by the COUNTY in conjunction with this AGREEMENT and shall make provisions in its AGREEMENTS with its consultants and sub -consultants to terminate for failure to comply with this provision. 14. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to termin the AGREEMENT without liability. 15. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising out of, because of, or due to any negligent or intentional act and/or occurrence, omission, or commission of the COUNTY, its agents, or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 16. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 17. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor rights in this AGREEMENT. The COUNTY is hereby advised of the following time frames. Upon receipt, the DEPARTMENT has ten (10) days to inspect the goods and services provided by the COUNTY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the Department of Banking and Finance. The twenty days are measured from the latter of the date the invoice is received or the goods and services are received, inspected and approved by the DEPARTMENT. If payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422 (3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest payments of less than one (1) dollar will not be enforced unless the County requests payment. Invoices which have to be returned to the COUNTY because of invoice preparations errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided the DEPARTMENT. A Vendor Ombudsman has been established with the Department of Banking and Finance. The duties of this individual include acting as an advocate for the COUNTY in the event that the COUNTY may be experiencing problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline (1-800-848-3792). 18. This document incorporates and includes all prior negotiations, correspondence, conversations, AGREEMENTS, or understanding applicable to the matters contained herein, and the parties agree that there are no commitments, AGREEMENTS or understanding concerning the subject matter of 0 this AGREEMENT thSKre not contained in this document. )Wcordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or AGREEMENTS whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 19. The Department agrees to pay the COUNTY for the services herein described at a compensation as detailed in this Agreement. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 20. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 22. The DEPARTMENT will consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the participant knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. 23. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: E ,%we If to the DEPARTMENT: District Four Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 Attn: Ms. Teresa Martin, Contractual Services Coordinator With a copy to: Mr. Cleo Marsh, P.E. FDOT District Maintenance Engineer A second copy to: District General Counsel If to the COUNTY: St. Lucie County Public Works Division 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Attn: Mr. Ray Wazny, P.E., Public Works Director With a copy to: County Attorney rel IN WITNESS WHEREOF, t*COUNTY has caused this Joint Particition Agreement to be executed in its behalf this day of , 2000, by the Board of County Commissioners, and the DEPARTMENT has executed this Joint Participation Agreement through its District Secretary for District Four, Florida Department of Transportation, this day of , 2000. The effective date of this AGREEMENT shall be the date the last party to this Agreement has signed. BOARD OF COUNTY COMMISSIONERS SAINT LUCIE COUNTY BY: CHAIRPERSON ATTEST: COUNTY CLERK APPROVED: (SEAL) COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY ATTEST: EXECUTIVE SECRETARY DATE OF EXECUTION APPROVED: (SEAL) DIRECTOR OF ADMINISTRATION APPROVED: (AS TO FORM) BY: 7 DISTRICT LEGAL COUNSEL 'I-•EB. 23.200 1 : 38PM FL FED HWY ADMI . . ,uecariea uamagLinspection Report (Title 23, FWMI-Aid Highways) Rlnfl,cminft OCATION (NAME OF ROAD AND MILEPOST) IE3CRIP'TION OF QAMA0E (ATTACH SKETCH) .RoS,o,a of A PLIe-r P,L ^4 Rlat--) �--,—` FP--0 n-% -L. A,,)-�- AC.-r�aN g� )4 v R R 1 C_ A" C F-t_ n `? n N PLO J n1 D M0.207 P.2/2 Ref-oqT NUH1k rA o� 2 of OISASTCA NuNeER INSPECTIC DATE _ FKa •Ale Ro Numm: COUNTY DESCRIPTION OF WORK EQUIPMCN7, LIBOR AND MArERLILS OTY i UNIT COST PRICE �CO•NPLETED REMAINING GM �NKMCN-1 ���`. 15tap IJ c.. METHOD LOCAL FORCCS ❑ STk-rr FORC23 Q EMERGENCY CONTAAICT SUBTOTAL EMI=RGENCY REPAIR TOTAL -, A -1 /20 �o I I W I 6 4 Vr "TI T F k. T! -7 Y/ N D i 2 r4 f �frx ciT L O J ..t? -( Ofri Q , W IY S 1nI N bJT R h W N y D T `I LJJ "'J•' I �. ►�.� S T i A">' J1% b Y. M -Y �h e 44 14 to T METHOD a L.4cAL FoRces CI STAT[ Forces XLOW Sfo CONTFiAcr ; PERM. REPAIR TOTAL. PE/CE&I (25%) !� - '�' l7 p p /IRONMENTAL ASSESSMENT RECOMMENDATION NoT ReoulRso 0 MAJOR AcTioN ❑ NoNMAJOPt ACTION RIGHT-OF-WAY },mwT m TQTA.L. '_COMMENDATION - FHWA ENO(NEER pr1TE EuclnLc p INEuateLe — Z )NCURRENCE _ STATE ENOINEER d TE YEs ❑ No A rCl G.a...tJ i� -- q >NCURRENCE LOCAL AQENCY RI^PREsENTATI DATE rs ❑ No ,USERS\OFFICE\FH I 547•A.WPO Auo I QQS FEB.23.2000 1:38PN FL FED HWY ADMIN. i FeFNO:207P.1i2 - Detailed Damag, ;'nspecbo �epor� (Title 23, Federal -Aid Highways) sHE_T of .,d MCChwcy - DISA51-ER NUHCEPI OCATION (NAME OF ROAD AND MILEPOST) gQ ` O c� 71-1 rJ �D • ,•1 i� t v C R v L ••� S ^� INerecTlo DAT 2 _ L� �`'10. 1Z t7 A - \ - IES=RiPTION QF7 DAMAGE (ATTAcm SKETCH) 1 FEo;RAU•A�o ROTC NuM9Efl F— TZ-- o N O F- cr'c 1 o n) ---- t� �c la 40 0 FT CcUNTr ( DESCRIPTION OF WORK' UNIT COST EOLIIpME•NT, LABOR AND MATERIALS QTY PRICE COMPLETED REMAINING I I _ G £� C I ° —10-0 MCrHoo `QLOCAL. FORCES U STATE FORces OPTIONAL FORM 6e (7-e0) FAX TRANSMITTAL To DeptJApency From Phone N fax 0-9czk--1-i-7 Z.Z Fax , NSN 7540-01-317-73E9 6C98-101 GENERAL ❑ EMF.ROENCY CONTRACT SUBTOTAL. EMER,,ENCYI I l I L, S V3 ES ADI.IINISTRATION R TOTAL_ J IN% ;5�: � Q_ I � =•,4,. I I Loy oO O I 5 00 4 T RJpD�C R. STONE. ZSO TrJ X 4 ❑ STATE Ponces 9�LOVI Bit) CONTRACTJ ;PERM. REPAIR TOTAL ;S" �:r METHOD o LOCAL FoRces / ` j pF_/CE&I (2.5111b) O RIGHT-OF-WAY 7'NVIRONMrNTAL ASSESSMENT P.ECOMMENOATION NOT REOUIRao Q MwoR ACTION M NONM,+.jcR ACTION R_COMMMNOATION - FHWA ENOINEER )(ELIQISL_ 0IN£I-G15LE CONOURRENCE • STATE F-KGINEER xYEs ❑ No CoNCURReyce - LOCAL AGENCY REPRESENTATIVE Yes C No j G:\U5ERS\0Fr10E\FH 1547•A.N/PD FMiQ'o: 408591-1-74-01 & 02 F.A. No: N/A Fund Code: DS Contract No: Vendor No: VF596 000 835 010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND SAINT LUCIE COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of 52000, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County, State of Florida, located at 2300 Virginia Avenue, Ft. Pierce, Florida, 34982-5652 hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain repairs to Federal Highway Administration (FHWA) functionally classified county road(s) damaged by Hurricane Floyd. These repairs are located within Indian River County and are hereinafter referred to as the PROJECT; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 99-227, dated September 13, 1999 and President Clinton's subsequent Disaster Declaration EM3143, under the Robert T. Stafford Disaster and Emergency Act, to provide for the reimbursement of FHWA eligible costs only for State FM No. 408591-1-74-01 and 408591- 1-74-02. All FHWA Non -Participating costs shall be borne solely by the COUNTY; and, WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by Hurricane Floyd are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by resolution , 2000, a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from j oint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 1 M rn 2. The COUNTY shall provide all design services necessary for completion of the PROJECT. 3. The COUNTY shall obtain any permits necessary to complete the PROJECT. 4. The COUNTY shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration (FHWA) and DEPARTMENT standards. 5. The COUNTY shall make available to the DEPARTMENT upon request any existing plans relevant to the COUNTY'S design and construction activities. Prior to construction, the Department shall approve plans which reflect the restoration work replaces the pre -storm conditions except as approved in the FHWA Detailed Damage Inspection Report(s) for betterment. The COUNTY will be responsible for verifying the accuracy of any PROJECT related plans prepared on the COUNTY'S behalf, and the COUNTY shall revise them as necessary to reflect 'as -built' conditions upon completion of construction. Project plans that have been modified to reflect `as built' conditions shall be provided to the Department. 6. The DEPARTMENT agrees to reimburse the COUNTY only for FHWA eligible costs associated with construction and construction engineering and inspection of the aforementioned improvements as stated in FHWA Detailed Damage Inspection Report(s), a copies of which are attached hereto and made a part hereof. All other costs are to be borne by the COUNTY. 7. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the COUNTY. PROJECT costs eligible for DEPARTMENT participation will be allowed only from the date of final execution of the Agreement. Travel expenses are not authorized in this AGREEMENT. The COUNTY shall submit invoices for fees and other compensation for services or expenses in detail sufficient for a proper pre -audit and post -audit thereof. Invoice(s) shall be submitted to the State of Florida, Department of Transportation, at 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309. Attention: Cleo Marsh, P.E., District Maintenance Engineer. 8. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 9. This AGREEMENT shall continue in effect and be binding to both the COUNTY and the 0 DEPARTMENT until the PROJECT is completed and appropriareimbursements are made. 10. The DEPARTMENT shall make payment to "St. Lucie County Board of County Commissioners" and forward to Attention: Ray Wazny, Public Works Director, 2300 Virginia Avenue, Ft. Pierce, Florida 34932-5652. 11. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contacts of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. 12. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for the proper audit of costs. 13. The DEPARTMENT may cancel this AGREEMENT for refusal of the COUNTY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 of the Florida Statutes, made or reviewed by the COUNTY in conjunction with this AGREEMENT and shall make provisions in its AGREEMENTS with its consultants and sub -consultants to terminate for failure to comply with this provision. 14. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminaCTthe AGREEMENT without liability. 15. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising out of, because of, or due to any negligent or intentional act and/or occurrence, omission, or commission of the COUNTY, its agents, or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 16. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 17. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor rights in this AGREEMENT. The COUNTY is hereby advised of the following time frames. Upon receipt, the DEPARTMENT has ten (10) days to inspect the goods and services provided by the COUNTY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the Department of Banking and Finance. The twenty days are measured from the latter of the date the invoice is received or the goods and services are received, inspected and approved by the DEPARTMENT. If payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422 (3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest payments of less than one (1) dollar will not be enforced unless the County requests payment. Invoices which have to be returned to the COUNTY because of invoice preparations errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided the DEPARTMENT. A Vendor Ombudsman has been established with the Department of Banking and Finance. The duties of this individual include acting as an advocate for the COUNTY in the event that the COUNTY may be experiencing problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline (1-800-848-3792). 18. This document incorporates and includes all prior negotiations, correspondence, conversations, AGREEMENTS, or understanding applicable to the matters contained herein, and the parties agree that there are no commitments, AGREEMENTS or understanding concerning the subject matter of M this AGREEMENT tha" a e not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or AGREEMENTS whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 19. The Department agrees to pay the COUNTY for the services herein described at a compensation as detailed in this Agreement. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 20. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 22. The DEPARTMENT will consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the participant knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. 23. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: 5 M `mw If to the DEPARTMENT: District Four Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 Attn: Ms. Teresa Martin, Contractual Services Coordinator With a copy to: Mr. Cleo Marsh, P.E. FDOT District Maintenance Engineer A second copy to: District General Counsel If to the COUNTY: St. Lucie County Public Works Division 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Attn: Mr. Ray Wazny, P.E., Public Works Director With a copy to: County Attorney C INWITNESS WHEREOF, 64✓COUNTY has caused this Joint Participdion Agreement to be executed in its behalf this day of , 2000, by the Board of County Commissioners, and the DEPARTMENT has executed this Joint Participation Agreement through its District Secretary for District Four, Florida Department of Transportation, this day of , 2000. The effective date of this AGREEMENT shall be the date the last party to this Agreement has signed. BOARD OF COUNTY COMMISSIONERS SAINT LUCIE COUNTY BY: CHAIRPERSON ATTEST: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION mm DISTRICT SECRETARY ATTEST: COUNTY CLERK (SEAL) EXECUTIVE SECRETARY (SEAL) APPROVED: COUNTY ATTORNEY DATE OF EXECUTION APPROVED: DIRECTOR OF ADMINISTRATION APPROVED: (AS TO FORM) BY: DISTRICT LEGAL COUNSEL 7 I f''.FEB.23.200 1:38PM FL FED HWY RDMI . . DtWWRWAr—,wezanea uamagp inspection Report t"" Mm'}b^ . (Title 23, FW*N-Aid Highways) .rcl MQQ11wQr I,Inhhdle� .00ATION (NAME OF ROAD AND MILEPOST) 1a:3CRIPTION OF E)AMAOC (ATTACH SKETCH) Ev-05,aa 0q- A 0.c-c�t..� RtAt--) f--.0 ` FI-'o M uA.l-�- AC.-Ttt7N [i NO.207 P.2/2 R"ORT NUH&JEA 9i-n 002 SHEeT OF I t OIS43TER NUMBER - INSRECTIo OATS4=4-L 2 � FIDROUTt; NUMOCR iCOUNTY 1 OESCRIPTION OF WORK EcuipmE'Ni, LABOR AND MA%Emoux • QTY UNIT COST PRICE COMPLETED REMAININO LA K n LS I - .._ cv 3 0Art, S,( ^— METHOD LOCAL FoRccs Q STAYE FoRces 0 EMI RGENCY CONTRACT SUBTOTAL EMI-RGENCY REPAIR TOTAL t 5 000 N It «A-1 )50 /2-0;, -Io�.,l . i i T A X1 TJ4 7 2 r.l ,.. G r `+ T L C ., .a'C T A-7 F. w k 5 Alar A, t.., a. ,JT R W h 6 k's 6tv r^ CQ T ,u) I RE,Sii -rI\,J Ih C J4 M 6,j T i METHOD O LOGAt. FORCe9 O STATL FoRces XLOW 810 CONTRACT ; PERM. REPAID. TOTAL0 PE/CE&j (250W O p /IRONMENTAL AsSESSMENT RECOMMENDATION NoT REaulFlr0 D MAJOR ACTION Q NONMAJOR ACTION RicHT-OF-WAY EST7 TLfl TZTA.s. ' � ,� () . �- ., ;\_ :COMMENDATION - FHWA ENGINEER E "KELICISL[ 0INELIGIC.e Z )NCURRENCE STATE ENGINEER p TI- XYE5 Q NO )NCURRENCE LOCAL AGENCY REPRESENTATI DATE rs 0 No ,USERS%0FFICE\FM 1547•AMPD AUO 1999 FE.B.23.2000 1:38PM FL FED HWY ADMINReF_. _.N0:2q? P.1i2 Detailed Damaup Inspection Report ,a�Iaq�-� (Title 23 Fe'4 al -Aid Highwa s SHEET O� rral I 11wCy dM�Ra�on OCATION (NAM4 OF ROgD ANO MILEPOST) a I D�swsTER NuMeeR - P` v �. CZ \ v 1�� ••1 } " INsractlo DATE q _ (�EAC-1A E;t` O. i2 02, 1ESCRIPTI0N OF DAMAGE (ATTACH SKETGH) I FEPrtnAL-qro ROTC NVMBER Em.ay,o.a O F- F, 'ro rr W Av C Ac'i I o.J `.R F7 COUKTY --- S -r Z. c� ► C DESCRIFT'ION OF WORK EEOLNPNCNT. LABOR AND MATERIALS UNIT OTY PRICE COST COMPL IFTI=D REMAINING -A 1 O • rr S 5 o a _ _ J. OPTIONAL FORM 98 (7-00) FAX TRANSMITTAL dofPogesP- TO n From DepL/Agency Phone y -- Y— — I` Fax M Fax R MCNOD NL.00AL. FORCES 0 STATE FORCES y5kr--L"7Z -h2'L uSN 754o-o1-a17-7369 5098-101 GENERAL S59VICES ADMINISTRATION _ _- ' (� 1F;'�•I :+ r'' D EMERGENCY CONTRACT SUBTOTAL EMERGENCY RF.P IRTOTAL �a� i'- i .'� r�.lr T Rooe`c. R-v Sioe4L 26p TrL x 4 ' x L,4z^' 2so T•� METHOD 0 LOCAL FORCES D STAW FORCES Low �Nv1RoNME'NTAL. ASSESSMENT P.ECOMMENDATION ` , 0 NoNM.uoR AcnON �Q (Jarr REDrIIRLrD CI M/JOR ACTION RECOMMENDATION - FHWA ENGINEER )I(ELIOISLE 0IN><L-IVIBLE —aa�L CONCURRENCE • STATE ENGINEER kes a NO — CONCURRENCE - LOCAL AGENCY REPRESENTATIVE XYes a No i • • W , . 1 510 CONTRACT^j PERM. REPAIR TOTAL } P- F-/CE&I (25%) RIGHT-OF-WAY DATE � c DA cc D TE AUO 1990 1 S47-A.WPD 1%r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: OMB �,, ITEM NO. C-3,4 DATE: April 4, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT I ] PRESENTED BY: Marie Gouin River Branch Estates MSBU Budget BACKGROUND: The River Branch Estates Municipal Services Benefit Unit (MSBU) has progressed to the point where interim funding must be secured in order for the project to proceed. Under the provisions of the $3,000,000 master note with NationsBank, Obligor Number 364325, Note Number 265, dated February 25, 1999, staff is requesting an advance in the amount of $11,000 from the established line of credit. As the project nears completion staff will return to the Board to seek permanent financing. Repayment of the debt will be made through the non -ad valorem special assessment levied on the property owners participating in the project. FUNDS AVAILABLE: See attached Budget Resolution No. 00-76 PREVIOUS ACTION: May 5, 1998 - The Board Accepted the petition and granted permission to advertise for the initial public hearing held on August 20, 1996. June 2, 1998 - The Board adopted Resolution 96-126 and authorized the County Engineer to proceed with design of the project. December 14, 1999 - the Board adopted Resolution 99-251 stating the County's intent to use the uniform method of collection. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution No. 00-76 establishing the budget for the River Branch Estates MSBU project and authorize the Office of Management and Budget to proceed with obtaining interim financing for the project from NationsBank. COMMISSION ACTION: [X] APPROVED [ ] DENIED , [ ] OTHER: Doy Anderson //// Co ,7y Administrator Coordination/Signatures County Attorney: XX Oxm Management & Budget: '�•f urchasing: Originating Dept: Public Works: XX Other: Finance: (Check for Copy only, if applicable) XX G:\BUDGETI WP\AGENDA'S\Agenda00\4'4River_Branch.wpd RESOLUTION NO. 00-76 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 in the form of contributions from the property owners participating in the River Branch Estates Municipal Services Benefit Unit. 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 41' day of April, 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 395-0000-384300-4512 Proceeds - Contrib From Property Owners $11,000 APPROPRIATIONS 395-4115-563003-4512 Improvements O/T Buildings - Survey $2,800 395-4115-563005-4512 Improvements O/T Bldgs - Consulting Engineer $6,200 395-4115-563008-4512 Improvements O/T Bldgs - Advertising $600 395-4115-563011-4512 Improvements O/T Bldgs - Permits/Appl $1,000 395-9910-599330-4512 Project Reserves 400 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn, Chairman XXX Commissioner Frannie Hutchinson, Vice Chairman XXX Commissioner Paula A. Lewis XXX Commissioner Cliff Barnes XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED THIS 4r" DAY OF APRIL, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA .. - BY: APPROVED AS TO CORRECTNESS CHAIRMAN AND FORM: COUNTY ATTORNEY $11,000 \r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB •rri ITEM NO. C-3b DATE: April 4, 2000 REGULAR [ ] PUBLIC HEARING [ CONSENT [X PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution #00-78 for interest received from FHFA SHIP grants. BACKGROUND: Community Services Department receives advanced funds for SHIP grants projects. SHIP allows the grantees to expend the interest earned. Currently we have two grants with an accrued interest: Grant #185203 $2,333 and Grant #185204 $3,463.28. A budget resolution is necessary to increase the grants' budget in order to allow Community Services Dept. to appropriate and expend the interest for housing expenses. FUNDS WILL BE AVAILABLE: 185203-5420-549600-600 and 185204-5420-549600-600 Housing Assistance SHIP Grants. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 00-78 to appropriate and expend funds from interest earned on funds advanced from FHFA SHIP Grants. COMMISSION ACTION: C URRENCE: ( X] APPROVED [ ] DENIED ( ] OTHER: g Anderson Administrator Coordination/Signatu;Vd, Az County Attorney: XX Management & Budget: X' Purchasing: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) XX Other: G:\BUDGEIIW P\AGENDA'S\ Agenda00\4'4Shipinterest_grant.wpd Em RESOLUTION NO. 00-78 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 the Florida Housing Finance Agency for SHIP Grant program. 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 41' day of April, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-00, and the County's budget is hereby amended as follows: REVENUES 185203-5420-361100-500 Interest On Investments $2,334 185204-5420-361100-500 Interest On Investments $3,463 APPROPRIATIONS 185203-5420-549600-500 Housing Assistance -SHIP $2,334 185204-5420-549600-500 Housing Assistance -SHIP $3,463 After motion and second the vote on this resolution was as follows: Chairman John D. Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Paula A. Lewis PASSED AND DULY ADOPTED THIS 4T" DAY OF APRIL, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: G:\BUDGE'nW P\AGENDA'S\Agenda00\4'4ShipInterest_grant.wpd COUNTY ATTORNEY i � 8888888$�1a8888888 888888 8 888t�8 8 Ln •,.-+ 881 O O O O O O 00 0 0000 O 00 O 000 00 O O 000 b00 b a Cu 88888888888888888 888888 888888 OQ 00000000000000100 001010i 0040§40 ON ON- N N N N N (7%l - S --t%DM't-ItLnC% Oh uid t- ,0 d, u'tdNh ,O � � 8p�.�pM88N 8 c;L;%D8N8 0 mLn%.o8N8 0 Ou'10��OO�u'1�D000OON O Cn �*1 tlMt��h0�0 M nin A w w w w. w w w IE M O u1It6% M N L1-t0% cn N N co N co co N N I-C4 88888888888888888 888888 8 888888 8 • . . • . • . • . • . . . . . . . . . --aOOL�ntOO�oa�oOf'- - C>OQp �n �pMih� O 0' t no O 0 I'DN �tLnncOcn�00u1cqM 88� OLn� �Ln� �. wv t i. 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CHI � cn tz�S W Cq vl ul v1 vi u1 v) in Ln 01 di o a� di Cd 'J-H n �r4 00 to uca��bo4) 0 4j4.jll � ur-I 4-0 000 000 w�eua�'ie^'ivc� ���1.xaB'c��,i�s� E+HH�� �HHH►�- 1d�0Dr.H� �0 t�t--��ato4J���o v� g r I C� rk4 c4 u9.4 C C4080- 0-4MMCINr+-4NMM � M�O�OCp•--�NNNNNN�M�T�1110� NL�r O OMcr7MMu'1�'1�1�'1�loLnL 1�1Ln LhLn '0- u1 tll M O �o L -4 $8g$88$8888888888 $88888 8 888888 8 4?AAta AQciog-gg$$�qq$$ca 8�?�a�o % 80���� o 4y �1Oflf?Kl N -+ O N O �j cal � O� 1� 1� N � c � n 1 0 N � $ -a-, Cal). .-� f� o�c o N8888Qo88 ....... ... . 01001� ul -,�;�08408 ... 00 cy MCof, &ll '-;�co8� co N N N p�.tMCcQ000QNOQ co �N WQNGMQ OQNOc+�O OOM m �t r�r ii QOSr1 ri �N r" m�— N ctl o�� ; N M M c1 i'1 Sr1 4'1 M M m 8$88$8$8$88888888 $$8888 8 888888 8 $ �Q88� 80-allo N0•-1 N 0 w w4w orl cn 4 a% r, �Qoc 888$8 r $848 o w o88 08 0 .. .. Q�i�r+oQUoc�oo 0000 o ^0000ci C 8$g8$$$8888888$88 888888 8 888888 8 �ocaQtAPOc?QocogAQQo 000000 0 000000 0 CA 4.1 a a a a a� `.�oc`���n `J P a.� a'a °niEP-4 u E�E1E1 H,HH N o No ww H N �gSQ�g�QQQgQQQQQQQQQ�gQQQ��� P� CD� ..rn-7....,NeY1cY1�7t110r1�7QC�.-i.-1.1 N Q AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS `ITEM NO. St REGULAR[] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Environmentally Significant Land Program Indrio North Savannas Project FCT#95-052-P56 Buczkowsi - Parcel 80 BACKGROUND: Please see attached background memorandum. FUNDS AVAI_L,ABBI E: Funds will be made available in account #382-3915-561000-310035 PREVIOUS ACTION: August 1, 1995 - Received Board of County Commission authorization to submit Grant Application to Florida Communities Trust (FCT) for the purchase of Indrio North Savannas Project. March 26, 1996 - Received Board of County Commission approval of the Conceptual Approval Agreement with Florida Communities Trust to purchase the Indrio North Savannas Project. RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for Parcel 80 highlighted in purple on the attached map, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. [x] APPROVED [ ] DENIED [ ] OTHER: In--- ----- M. Anderson Administrator Review and [X]County Attorney: [X]Management &Budget / [] u r c h a s i n _ [XI originating Dep - , [XiT,e;sure Sys [X]Comm.Develop: [X]Finance:(check for copy only, if applicable) Effective 5/96 A PROPERTY ACQUISITION DIVISION TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: April 4, 2000 SUBJECT: Environmentally Significant Land Program Indrio North Savannas Project FCT#95-052-P56 Buczkowski - Parcel 80 On March 26, 1996 the Board of County Commissioners approved the Conceptual Approval agreement with Florida Communities Trust (F'CT) for the purchase of 228 properties within the Indrio North Savannas Project. The Board authorized the use of $600,000 of the County Environmentally Significant Land (ESL) funds to match a 50% grant from FCT. On the attached map of the project, the parcel that is the subject of this request is highlighted in purple. This parcel was negotiated at the Maximum Approved Value. The Option Agreement for this subject parcel is available for your review in the Property Acquisitions Office. Staff recommends that the Board approve the Option Agreement for Parcel 80 highlighted in purple on the attached map, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted: ona Cole Property Acquisition Manager CC: County Administrator County Attorney Community Development Director Leisure Services Director Finance Director Management & Budget Manager G:\ACQ\WP\YVONNE\ENVLANDS\NINDRIO\AGENDAS\BCC April 4, 2000.wpd ..i (Lake) Indrio North Savannas � FCT #95-052-P56 Open Space Community p ni Development Geographic Information Systems Map prepared March 28, 2000 N This m.p has been —Osd W oen•-Wpe." " -I-' a p'P— enN. WhHe awry eRed ho been made m w-ki. Ibe mW --A" .--" In mefi.n possible, It I. M hdmtled Jw um Y . mwlN badkV do—n. Legend ..� Project Boundary ® Closed Transaction — County Owned ■ Options Approved — Closing Pending ■ Still Negotiating ■ Executed Option Agreement G N s \ j *%W,, AGENDA REQUEST M NO. CC� DATE: April 4, 2000 REGULAR[ ] PUBLIC HEARING [ ) CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Air Charter of Florida, Inc., d/b/a Jet Service Center -Proposed Ground Sublease with Lucas Airways, Inc. BACKGROUND: See attached memorandum CA 00-459 FUNDS AVAILABLE: N/A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staffrecommendsthat the Board of County Commissioners approve the proposed ground sublease between Air Charter of Florida, Inc., d/b/a Jet Service Center, and Lucas Airways, Inc. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: County Attorney: `�h A.-, p.rh Originating Dept Finance: (Check for Copy only, if applicable): _ Count} Administrator Review and Approvals Management & Budget: Purchasing: Other: Other: M INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-459 DATE: March 29, 2000 SUBJECT: Air Charter of Florida, Inc., d/b/a Jet Service Center - Proposed Ground Sublease with Lucas Airways, Inc. BACKGROUND: Attached to this memorandum is a copy of a proposed ground sublease between Air Charter of Florida, Inc., d/b/a Jet Service Center, as sublessor, and Lucas Airways, Inc.. The lease agreement between the County and Air Charter requires County approval of any subleases in excess of twelve (12) months. The term of the proposed sublease will be twenty-seven (27) years. Staff has reviewed the proposed sublease and it appears acceptable. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed ground sublease between Air Charter of Florida, Inc., d/b/a Jet Service Center, and Lucas Airways, Inc. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Deputy Clerk M M THIS INDENTURE, made and entered into this day of by and between Air Charter of Florida, Inc., d/b/a Jet Service Center, a Florida corporation, whose mailing address is 3131 Jet Center Terrace, Fort Pierce, Florida 34946, hereinafter referred to as Lessor and Lucas Airways, Inc., whose mailing address is 455 3rd Lane S. W., Vero Beach, FL 32962, hereinafter referred to as Lessee. WITNESSETH: That Lessor, for and in consideration of the rent herein contained, other good and valuable consideration and the mutual covenants and premises contained herein, does hereby demise and lease unto Lessee and Lessee does hereby lease and take from Lessor a part of the premises located at the St. Lucie International Airport, hereinafter called the "Demised Premises." SECTION I. DESCRIPTION OF PREMISES The Demised Premises is Hangar 3143. The address of the Demised Premises is: 3143 Jet Center Terrace, Ft. Pierce, FL 34946. This Hangar is located on the Premises of Air Charter of FL, Inc. also known as Flight Deck Ramp for the purpose of communicating with the FAA Ground Controller when the aircrafts are arriving or departing that area. In addition, the Lessee, its agents and employees shall have access to the full airport facility known as the St. Lucie County International Airport and shall at all reasonable times be permitted access to the runways, taxiways, and other public facilities located upon the St. Lucie County International Airport property. The term "Demised Premises" as used herein shall refer to the leased premises. SECTION II. TERM The term of this Lease shall be for twenty-seven (27) years. Lessee shall surrender the Demised Premises to Lessor immediately upon the termination of the lease term or earlier termination as provided herein. Lessor specifically grants to Lessee one (1) option at forty (40) years, under the terms and conditions as set forth in this Lease Agreement and spelled out in the Master Lease of which a copy has been made available to Lessee. Lessee must notify M M Lessor, in writing, of the Lessee's intent to exercise such option within 90 days of the expiration date of this Lease agreement, or each subsequent option term. Failure to provide Lessor such notification shall cause any option renewals to be solely at the pleasure of Lessor. SECTION III. COMMENCEMENT OF TERM The Lease term shall commence on SECTION IV. RENT AND OTHER CHARGES A. MINIMUM BASE ANNUAL RENTAL. Lessee shall pay Lessor a minimum base annual rental for the term of this Lease plus all sales tax levied by any federal, state, county, city or any agency authorized to levy and collect rent tax, payable in equal monthly installments, due on the first day of each month during the term of this Lease constituting the minimum monthly rental due Lessor by Lessee as follows: $144.00 per month, as ground rent; $9.36 per month for sales tax; for a total of $153.36 per month base rent. B. AD VALOREM REAL PROPERTY TAXES AND ASSFSSMFNTS Lessee shall pay its pro rata share of all property taxes which may be levied or assessed by any lawful authority against the demised premises. A tax bill or photocopy thereof submitted by Lessor to Lessee shall be sufficient evidence of the amount of taxes assessed or levied against the Building. Lessee agrees that if Lessor is required to escrow such taxes, Lessee shall also be required to escrow its pro rata share of taxes. C. PAYMENT SCHED UL F. The rent under this Section IV, including the minimum base rental of Paragraph A above, and the pro rata share of ad valorem real property taxes of Paragraph B above if escrow are required, shall be paid by Lessee to Lessor without notice or demand and without abatement, deduction or setoff in monthly installments, in advance of the first day of each calendar month during the term of this Lease as provided herein. It is clearly understood that, with regard to all sums in addition to the minimum base rent due from Lessee pursuant to this Section IV, Lessor shall have all the rights and remedies provided by law. The provisions for the payment of all sums set forth in this Section in installments is a privilege for the benefit of Lessee. In the event of failure to make such timely payments, Section XXII shall apply. 6 M SECTION V. PENALTY AND INTEREST ON ARREARAGE If Lessee shall fail to pay the monthly installment of rent or any additional payment as required herein to Lessor so that Lessor shall receive same within ten (10) days of the date when the amount is due and payable, a late charge of Six Percent (6%) of the total amount past due or a minimum of Twenty-five ($25.00), whichever is greater, shall be paid by the Lessee to the Lessor per month or portion of each month such item(s) is past due. In addition to the aforesaid late charge, the Lessee shall pay interest at the maximum rate permitted by law from the date when the amount past due was payable by the terms hereof until the date Lessor received payment of same. These charges are for the purpose of collection efforts and to defray costs incurred by Lessor in regard to such collection efforts. Nothing in this section shall be deemed a waiver by Lessor of any covenant, term or condition of this Lease Agreement and in particular, the provisions of Section XXII. SECTION VI. COST OF LIVING INCREASE Lessee shall also pay Lessee's pro rata share of the increased rent paid, if any, by Lessor to St. Lucie County , as successor in interest to St. Lucie County Port & Airport Authority, pursuant to Lessor's Master Lease Agreement dated March 12, 1992, recorded at O.R. Book 0780, Page 2329, of the Public Records of St. Lucie County, Florida, of which a copy has been received by Lessee. SECTION VII. ATTORNEY'S FEES, ETC., AS ADDITIONAL RENT If either party or St. Lucie County is compelled to incur any expenses, whether suit be brought or not, including reasonable attorney's fees in investigating, instituting and prosecuting any action or proceeding by reason of any default of either party hereunder, the sum or sums so paid with all interest, costs and damages shall be paid by the non -prevailing party. In the event Lessor is the prevailing party, the awardable sums with all costs, interest and damages shall be deemed additional rent hereunder and shall be due from Lessee to Lessor on the first day of the month in which the respective expenses,etc., were incurred and if Lessee prevails, such sums may be deducted from the next rental payment(s). SECTION VIII. UTILITIES Lessee covenants and agrees to pay in full all electricity and telephone services used by Lessee in and around the Demised Premises. Lessor shall pay for and provide water to the Demised Premises; provided, however, if Lessee installs bathroom facilities in the Demised Premises, Lessor shall place a water 3 M meter in the Demised Premises, and Lessee shall pay the metered cost of water provided to his bathroom facilities. Septic Tank facilities may be provided by Lessor and the cost for same will be shared by Lessee and other tenants whoever will use the septic tank and drainfield facilities. SECTION IX. HOLDING OVER Should Lessee continue in possession after the end of the term herein with permission of Lessor, it is agreed that the tenancy thus created can be terminated by either party giving the other party not less than thirty (30) days written notice to expire on the day of the month from which the tenancy commenced to run. In so continuing, Lessee agrees to pay the monthly rental equal to the then existing rent and to pay its pro rata share of other charges as set forth herein and to keep the fulfill all the other covenants and conditions of this Agreement. SECTION X. EFFECT OF DESTRUCTION OF DEMISED PREMISES ON RENTAL LIABILITY A. In the event that the improvements to the Demised Premises are completely destroyed, or are damaged in excess of forty percent (40%), due to any cause whatsoever, the Lessee may at its own expenses repair, restore, or replace the destroyed property if Lessee deems it practical or advisable to do so, and this Lease shall continue in full force and effect. If Lessee deems it impractical or inadvisable to repair, restore, or replace the destroyed property, this Lease shall terminate on sixty (60) days' written notice to Lessor under Section XXIV of this Lease. B. In the event that damage to the improvements to the Demised Premises due to any cause whatsoever is not in excess of forty percent (40%), Lessee shall at its own expense repair, restore, or replace the damaged improvements with due diligence, and this Lease shall continue in full force and effect. C. The phrase "completely destroyed" shall be construed to mean the destruction of the safe, tenantable use of occupancy of all improvements under this Lease. The phrase "damaged in excess of forty percent (40%)" shall be construed to mean any damage to the improvements that will require an expenditure in excess of forty percent (40%) of the market value (immediately prior to the damage) of the improvements to accomplish required repairs, restoration, or replacement. E SECTION XI. EMINENT DOMAIN A. INTERESTS OF PARTIES. If the Demised Premises or any part of the Demised premises is taken for public or quasi -public purposes of condemnation in any action or proceeding in eminent domain, or is transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain, the interests of Lessor and Lessee in the award or consideration for the taking or transfer and the effect of the taking or transfer on this Lease shall be governed by this Section XI. B. TERMINATION ON TOTAL TAKING. If all or substantially all of the Demised Premises are taken or transferred as described in Paragraph A, this Lease and all of the rights, title, and interest under this Lease shall cease on the date that title to the Demised Premises vests in the condemning authority, and the proceeds of the condemnation shall be divided between Lessee and Lessor one-half (1/2) to each. For purposes of this Section XI, "all or substantially all of the Demised Premises" shall be deemed to have been taken if forty percent (40%) or more of the gross floor area of the Demised Premises is taken and cannot be restored or repaired so as to be suitable for the conduct of the activities of Lessee conducted on the Demised Premises prior to the taking. C. TERMINATION ON PARTIAL TAKING. If less than all or less than substantially all of the Demised Premises is taken or transferred as described in Paragraph A, and, if in Lessee's opinion, the remainder of the Demised Premises is in a location, or in a form, shape, or reduced size that makes it impossible for Lessee to effectively and practicably conduct his regular activities on the remaining Demised Premises, then this Lease shall terminate on the date title to the portion of the Demised Premises is taken or transferred vests in the condemning authority. The proceeds of the condemnation shall be divided between Lessee and Lessor one-half (1 /2) to Lessor and (1 /2) to Lessee. D. CONTINUATION WITH RENT ABATEMENT AFTER PARTIAL TAKING. If less than all or substantially all of the Demised Premises is taken or transferred as described in Paragraph A, and if in Lessee's opinion the remainder of the Demised Premises is in a location and a form, shape, or size that makes it possible for Lessee to effectively and practicably conduct Lessee's regular activities on the remaining Demised Premises, this Lease shall terminate as to the portion of the Demised Premises taken or transferred as of the date title to the portion vests in the condemning authority. However, this Lease shall continue in full force and effect as to the portion of the Demised Premises not taken or transferred. From and after the date of taking or transfer, the rent required to be paid by Lessee to Lessor shall be reduced during the unexpired portion of this Lease by that proportion of the annual rent that the value of the part of the Demised Premises taken or transferred bears to the value of the total 61 n *40 Demised Premises. These values shall be determined as of the date immediately before any actual taking. The proceeds of the condemnation shall be divided one-half (1/2) to Lessor and one-half (1/2) to Lessee. E. VOLUNTARY CONVEYANCE. Nothing in this Section XI prohibits Lessor from voluntarily conveying all or part of the Demised Premises to a public utility, agency, or authority under threat of a taking under the power of eminent domain. Any voluntary conveyance shall be treated as a taking within the meaning of this Section XI. SECTION XII. USE OF PREMISES The premises are leased to Lessee for use only for aeronautical activities as defined by the Federal Aviation Administration or its successor agency and for uses permitted by the St.Lucie County Zoning ordinances, subject to the restrictions contained in Section XXXIII below. During the continuance of this Lease, the Demised Premises shall not be used for any purpose in violation of any purpose in violation of any federal, state or municipal statute or ordinance or of any order, regulation or directive of a governmental agency, as such statutes, ordinances, regulations, orders or directives now exist or may hereafter provide concerning the use and safety of the Demised Premises. On the breach of any such provision by Lessee, Lessor may, at its option, consider Lessee in default pursuant to Section XXII herein. SECTION XIII. LESSEE'S RIGHTS AND RESTRICTIONS AS TO BUSINESS SIGNS Lessee shall have the right to maintain or display its name on the exterior of the Demised Premises, provided that such signs comply with all FAA, local and government or airport rules. Any such sign shall be kept in a good state of repair and the Lessee shall repair any damage that may have been done to the Demised Premises by the erection, existence or removal of such a sign. At the end of the Lease term, or any renewal thereof, Lessee shall remove the sign at Lessee's expense. SECTION XIV. QUIET POSSESSION Upon payment of Lessee of the rents herein, and upon the observance and performance of all terms, provisions, covenants and conditions on Lessee's part as provided for in this Lease, Lessee shall, subject to all such terms, provisions, covenants and conditions, peaceably and quietly hold and enjoy the Demised Premises for the lease term. Lessor shall not unreasonably interfere with Lessee or its customers or invitees. N. n SECTION XV. PARKING Lessor grants to Lessee the right to use in common with other Lessees entitled to similar use thereof the taxiways, ramp and driveways for ingress and egress, the loading areas and the parking area for parking automobiles of Lessee's invitees, subject to such reasonable rules and regulations as it may be necessary to be established by Lessor to insure the efficient operation and maintenance of the parking and common access areas and to keep them in good conditions, repair (reasonable wear and tear excepted), safe, reasonably clean and free of refuse, obstructions, pavement deterioration and the like. Lessor may require employees of Lessee to use a parking area designated by Lessor as an employee parking area and Lessee shall guarantee to Lessor that Lessee's employees shall use the designated employee parking areas as designated by Lessor. Lessor further reserves the right to provide parking on contiguous property of after acquired property subsequent to the date of execution of this Lease in which event the new parking shall be used as parking facilities for Lessee's customers, students, clients and employees as designated by Lessor. SECTION XVI. LESSEE'S DUTY TO MAINTAIN PREMISES AND AGREEMENT TO SURRENDER PREMISES IN GOOD CONDITION A. On the expiration date of this Lease as set forth in Section II of this Lease, or the termination of Lessee's possession under this Lease pursuant to Section XXII (collectively referred to as the "Expiration Date"), Lessee shall promptly quit and surrender the Demised Premises and deliver to Lessor actual possession and ownership of the Demised Premises, in such condition that takes into account reasonable wear and tear to the Demised Premises. B. Lessee shall have the right to remove from the Demised Premises all movable equipment, and articles of personal property used or procured for use in connection with Lessee's activities on or before the Expiration Date, provided that Lessee shall promptly repair, or cause to be repaired, any damage resulting to the Demised Premises by reason of this removal. Any trade fixtures, equipment, or articles of personal property of Lessee that remain at or on the Demised Premises after the Expiration Date shall be deemed to have been abandoned by Lessee, and may either be retained by Lessor as its property or disposed of by Lessor without accountability to Lessee for the value of these trade fixtures, equipment, or articles of personal property, or any proceeds derived from the sale of these items. SECTION XVII. REPAIRS 7 0 M Lessee shall take good care of the exterior and interior of the Demised Premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve good working order and condition. All such repairs, restorations and replacement shall be in a quality and class equal to the original work or installations and shall be done in a good and workmanlike manner. If Lessee fails to make such repairs, restorations or replacements, same may be made by Lessor at the expense of Lessee and all sums so spent and expenses incurred by Lessor shall be collectable as additional charges and shall be paid by Lessee as part of the next due monthly rent installment. Lessor shall make all repairs and replacements, structural or otherwise, necessary and desirable in order to keep the Common area of the'Jet Service Center in good order and repair, including accessory parking, access, loading and landscaping areas and mechanical areas. Currently, Lessor has not incurred any common area maintenance costs. In the event that Lessor begins to incur common area maintenance costs, Lessee shall pay its pro rata share of such costs, at such times as Lessor provides to Lessee copies of all invoices indicating amounts incurred for common area maintenance costs. For the purpose of this agreement, "common area maintenance costs" shall be limited to lawn maintenance -septic tank and drainfield facilities. Lessee shall not permit any liens to be attached to the Demised Premises by reason of any labor or materials used in repairs or alterations, restorations or other work included within the responsibility of Lessee. Lessee shall promptly replace all broken plate glass in the Demised Premises at Lessee's own cost and expense unless such breakage was caused by the negligence of Lessor, other Lessees, their agents or employees. If the Lessee fails to repair the damage of any plate glass or window glass on the Demised Premises then the Lessor may repair said damage or destruction and charge the cost of such repairing to the Lessee in the amount thereof which shall be deemed to be and be paid as additional charges on the next due monthly rental installment date. SECTION XVIII. LESSEE INSURANCE ON DEMISED PREMISES Lessee shall purchase and maintain in effect during the term of this Lease and any extension or renewal thereof, a policy or policies of insurance written by a company or companies qualified to write insurance in the State of Florida and possessing a rating of A-3A (or higher) by Best's Insurance Rating, providing insurance coverage against damage to all interior improvements and Lessee's personal property, which policy or policies shall be in an amount equal and sufficient, subject to approval by Lessor, to cover the value of such improvements and personal property. If additional improvements are made 8 during the term of this Lease or any extension or renewal thereof, additional insurance coverage will be obtained, as aforementioned, in any amount equal and sufficient to cover the value of such additional improvements. The cost of premiums of all such policies of insurance as herein required shall be paid by Lessee; such policy or policies shall be in the joint names of Lessor, Lessee and any Mortgagee and duplicate copies thereof shall be delivered to Lessor and the policy(s) shall include a minimum comprehensive general liability insurance coverage for both Lessee and Lessor in the amount of not less than Five Hundred Thousand Dollars ($500,000.00) for each person. All proceeds from such policies shall be used for the repair and rebuilding of the Demised Premises, or for payment of liability costs, if applicable. SECTION XIX. LESSEE'S HOLD HARMLESS AND INDEMNIFICATION OF LESSOR Lessee shall save and hold Lessor and St. Lucie County harmless from all loss or damage occasioned by the use, misuse or abuse of water or the water pipes or fixtures, electric wires or fixtures, heating apparatus, drains, plumbing and other fixtures and apparatus in the charge of Lessee or those having Lessee's estate in the Demised Premises, or by the bursting of the pipes or by any nuisance made or suffered on the Demised Premises and shall promptly cause same to be repaired at Lessee's sole cost and expense, provided such loss or damage is not caused by faulty materials or workmanship which were the original responsibility of Lessor or by the negligence of Lessor or its agents or other tenants. Lessee covenants that it will indemnify and save Lessor and St. Lucie County Port and Airport Authority harmless from all liability, losses, costs, damages, expenses and judgments arising from injury of any nature occurring or alleged to have occurred during the term of this Lease Agreement to person or property on the Demised Premises (including that to Lessee's customers, employees, agents or invitees) in the parking areas, adjacent sidewalks and loading areas accessory to the Demised Premises provided such liability, loss or costs shall not be due to the negligence, willful act or omission of Lessor, other tenants, their agents or employees. SECTION XX. ASSIGNMENT OR SUBLEASE Lessee shall have the right to assign this Lease or any interest therein or sublet the Demised Premises or any part thereof or any right or privilege appurtenant thereto. Any assignment or sublease shall be made expressly subject to all of the terms, conditions and limitations contained in this Lease between Lessor and Lessee and the Master Lease and Lessee shall continue to be liable and responsible for due performance of all the terms, covenants and conditions of 9 �1rr/ this Lease. If the interest of Lessor shall be transferred voluntarily, or by reason of foreclosure or other proceedings for enforcement of any mortgage on the Demised Premises, Lessee shall be bound to such transferee for the balance of the term hereof remaining and any extensions of renewals thereof which may be effected in accordance with the terms and conditioned of this Lease with same force and effect as if the transferee were the Lessor under this Lease. Lessee does hereby agree to attorn to the transferee including the Mortgagee under any such mortgage, if it be the transferee, as its Lessor. Said attornment to be effective and self -operative without the execution of any further instruments upon the transferee succeeding to the interest of the Lessor under this Lease. Lessee agrees, however, that if a written attornment agreement consistent with this provision is required by a mortgagee, the Lessee will execute, acknowledge and deliver same within ten (10) days following a request by Lessor to Lessee to deliver such Agreement. In the event of failure to do so Lessor may, in addition to other remedies for breach of covenant hereunder, execute, acknowledge and deliver the same as the agent or attorney -in -fact of Lessee and Lessee hereby irrevovably constitutes Lessor as its attorney -in -fact for this purpose. The respective rights and obligations of Lessee and the transferee upon such attornment to the extent of the then remaining balance of the term of this Lease and any such extensions and renewals shall be in and are the same as set forth herein. In the event of such transfer of Lessor's interest, Lessor shall be released and relieved from all liability and responsibility thereafter accruing to Lessee under this Lease or otherwise and Lessor's successors or assigns, by acceptance of rent from Lessee hereunder, shall become liable and responsible to Lessee in respect to all obligations of Lessor under this Agreement except as may be expressly stated to the contrary in this Lease. SECTION XXI. RULES AND REGULATIONS OF THE BUILDING AND COMPLEX Lessee and Lessee's agents, employees, visitors, invitees, licensees, clients and customers shall faithfully comply with the rules and regulations of the Lessor and such further reasonable rules and regulations as Lessor at any time may make and communicate in writing to Lessee which, in the Lessor's judgment, shall be necessary for the reputation, safety, care, efficient operation or appearance of the Building and the common areas. Lessor shall not be liable to Lessee for the violation of any said rules and regulations or the breach of any covenant or condition in any lease by any other Lessee, assignee or sublease or by any employees or invitees or any other Lessee, assignee or sublessee. SECTION XXII. LESSEE'S DEFAULT 10 M This Lease is subject to Lessee's performance of the payments, covenants and conditions set forth herein. If Lessee defaults in performance of any such payment of rent installment, pro rata expense payment or other sums due hereunder, or if any waste be committed or unnecessary damage done upon or to the Demised Premises of if there is any default or breach of any covenant, condition or term of agreement to be performed by Lessee hereunder, or any of the following occur (which shall constitute a breach of this Lease by Lessee): A. Institution of involuntary bankruptcy proceedings by or against Lessee; B. Institution of voluntary bankruptcy proceedings; C. Assignment for benefit of creditors of Lessee's interest under the Lease; D. Any pleadings under any sections of any bankruptcy or reorganization act shall be filed by or against Lessee; or E. Appointment of a receiver for the property or affairs of Lessee where such receivership is not vacated within sixty (60) days after the appointment of such receiver; and the breach continues for more than ten (10) days after Lessee receives written notice thereof, Lessor may, at Lessor's option: 1. Pursue any legal remedy to recover for the breach and continue the Lease in force; or 2. Notify Lessee the full amount of the unpaid balance of the total rental under this Lease Agreement shall be forthwith due and payable as though stipulated to be paid on the date of such default; or 3. Declare the Lease forfeited and its term ended and enter into possession of the Demised Premises and remove all persons and property from the Demised Premises (and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of, Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby) and sue to recovery all rents or damages accruing under this Lease or arising out of a violation. 4. Exercise any and all remedies provided by law or in equity. Every demand for rent and other charges due wherever and whenever made shall have the same effect as if made at the time it falls due and at a place of payment or on the Demised Premises, and after the service of any notice or 11 M 1✓ commencement of any suit, or final judgment therein, Lessor may receive and collect any rent due and such collection or receipt shall not operate as a waiver or not affect such notice, suit or judgment. To secure the payment of all rents and additional charges due hereunder Lessor shall have a first and prior lien on all of Lessee's furniture, fixtures and merchandise located in the Demised Premises. One or more waivers by Lessor of any covenant, condition or default shall not be construed as waiver, consent or approval of a subsequent breach. It is mutually understood and agreed by Lessor and Lessee that the respective parties hereto shall waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters arising out of or in any way associated with this Lease or the relationship between Lessor and Lessee's use of or occupancy of the Demised Premises. Lessee further agrees that it shall not interpose any counterclaim or counterclaims in a summary proceeding or any action based upon non-payment of rent or any other payment required of Lessee hereunder. SECTION XXIII. TRASH DISPOSAL Lessee shall keep the Demised Premises in a careful, safe and clean manner, and shall not permit any rubbish or refuse of any nature to accumulate. SECTION XXIV. NOTICES Every notice, approval, consent or other communication authorized or required by this Lease Agreement shall not be effective unless same shall be in writing and sent postage prepaid by United States Certified Mail, Return Receipt Requested, directed to the other party at its address provided for below or such address as either party may designate by notice given from time to time in accordance with this section. As to Lessor: Jet Service Center Air Charter of FL., Inc. 3131 Jet Center Terrace Ft. Pierce, FL 34946 (561) 464-6687 SECTION XXV. WORDS OF GENDER As to Lessee: Lucas Airways, Inc. Hangar 3143 455 3rd Lane S.W. Vero Beach, FL 32962 Wherever herein the context so requires, the use of the singular shall include the plural, the use of masculine shall include the feminine or the neuter and the use of representative shall include trustee, receiver, executor, etc. WA E5 SECTION XXVI. INTEGRATION This instrument embodies the whole agreement of the parties and there are no promises, terms, conditions or obligations other than those herein contained. This Agreement shall supersede all previous communications, discussions, representations, advertisements, brochures, proposals or agreements, either verbal or written, between the parties hereto and not herein contained. SECTION XXVII. COUNTERPARTS This agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. SECTION XXVIII. CAPTIONS Captions are included for convenience only and shall be given no legal effect whatsoever. SECTION XXIX. PARTIES Except as herein and otherwise expressly provided, the covenants, conditions and agreements contained in this Lease shall bind and inure to the benefit of Lessor and Lessee and their respective heirs, personal representatives, successors and assigns. SECTION XXX. GOVERNING LAW This Lease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. SECTION XXXI. PARTIAL INVALIDITY If any term, covenant, condition or provision of this Lease or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, condition and provision of the Lease shall be valid and be enforced to the fullest extent permitted by law. SECTION XXXII. APPROVAL OF ST. LUCIE COUNTY 13 sw 0 This Lease Agreement has been approved by the St. Lucie County. This lease agreement is further conditioned upon Lessee complying with all terms and conditions, rules, regulations and directives issued or adopted by St. Lucie County. This lease agreement is subordinate to the terms and conditions of Lessor's Master Lease from St. Lucie County referred to in Paragraph VI above. A copy of which has been made available to Lessee by Lessor. SECTION XXXIII. COVENANT NOT TO COMPETE The Lessee covenants and agrees to use the Demised Premises solely for the purposes specifically set forth herein and shall not conduct, or allow the conduct of, any business or operation which is or may be in competition with Lessor unless approved in writing by Lessor. The covenant pertains only to the business activities and operations at St. Lucie County International Airport and for the term of his lease agreement. Provided, however, Lessor agrees that Lessee may use the Demised Premises to conduct personal and/or commercial airplane hangarage and storage, without any further permission of Lessor. WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. LVCAS AIRWAYS, I 14 AIR �HA R OF FL., INC. JET(SE ICE TER / Its" Pyresident Ovost n i STATE OF FLORIDA COUNTY OF A The foregoing instrument was acknowledged before me this --;W;� day of by JEAN MARIE VAN OVOST, as President of AIR CHARTER OF FLORIDA, INC. d/b/a JET SERVICE CENTER, a Florida Corporation, on behalf of the corporation, who: ( a'is personally known to me, or ( )has produced as identification, and who did not take an oath. ina J. ward Name: Typed, printed or stamped My COMMISSION R CC614W EXPIRES March 21. 2001 DNOECTMRUTRDYFAIN INIVROn,114 1 am a Notary Public of the State of Florida having a commission number of and my commission expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ��� day of lZe ( ) has produced identification, and who did not take •,v�::ev Inez J. Ward MY COMMIssION N CC614977 EXPIRES March 21, 2001 BONDED THRU TROY FAIN INSURANCE. INC. an oath. Na : Typed, printed or stamped I am a Notary Public of the State of Florida having a commission number of and my commission expires: 15 as `r' AGENDA REQUEST '.0jEM NO. C i C DATE: April 4, 2000 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Air Charter of Florida, Inc., d/b/a Jet Service Center - Proposed Ground Sublease with Aircraft Service Center, Inc. BACKGROUND: See attached memorandum CA 00-453 FUNDS AVAILABLE: N/A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve ground sublease between Air Charter of Florida, Inc., d/b/a Jet Service Center, and Aircraft Service Center, Inc. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Dept. Finance: (Check for Copy only, if applicable): C Administrator Review and Approvals Management & Budget: Purchasing: Other: Other: n 0 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-453 DATE: March 28, 2000 SUBJECT: Air Charter of Florida, Inc., d/b/a Jet Service Center - Proposed Ground Sublease with Aircraft Service Center, Inc. BACKGROUND: Attached to this memorandum is a copy of a proposed ground sublease between Air Charter of Florida, Inc., d/b/a Jet Service Center, as sublessor, and Aircraft Service Center, Inc., as sublessee. The lease agreement between the County and Air Charter requires County approval of any subleases in excess of twelve (12) months. The term of the proposed sublease will be twenty-six (26) years. Staff has reviewed the proposed sublease and it appears acceptable. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed ground sublease between Air Charter of Florida, Inc., d/b/a Jet Service Center, and Aircraft Service Center, Inc. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Deputy Clerk �rrr THIS INDENTURE, made and entered into this day of 2000, by and between Air Charter of Florida, Inc., d/b/a Jet Service Center, a Florida corporation, whose mailing address is 3131 Jet Center Terrace, Fort Pierce, Florida 34946, hereinafter referred to as Lessor and Aircraft Service Center, Inc., whose mailing address is 3780 St. Lucie Blvd., Ft. Pierce, FL 34946, hereinafter referred to as Lessee. WITN ESSETH : That Lessor, for and in consideration of the rent herein contained, other good and valuable consideration and the mutual covenants and premises contained herein, does hereby demise and lease unto Lessee and Lessee does hereby lease and take from Lessor a part of the premises located at the St. Lucie International Airport, hereinafter called the "Demised Premises." SECTION I. DESCRIPTION OF PREMISES The Demised Premises is a hangar measuring 13,500 sq. ft. A drawing of the site plan and legal description is attached as addendum 1. The address of the Demised Premises is: 3780 St. Lucie Blvd., Ft. Pierce, FL 34946. This Hangar is located on the Premises of Air Charter of FL, Inc. also known as Chevron South for the purpose of communicating with the FAA Ground Controller when the aircrafts are arriving or departing that area. In addition, the Lessee, its agents and employees shall have access to the full airport facility known as the St. Lucie County International Airport and shall at all reasonable times be permitted access to the runways, taxiways, and other public facilities located upon the St. Lucie County International Airport property. The term "Demised Premises" as used herein shall refer to the leased premises. SECTION II. TERM The term of this Lease shall be for twenty-six (26) years. Lessee shall surrender the Demised Premises to Lessor immediately upon the termination of the lease term or earlier termination as provided herein. Lessor specifically grants to Lessee one (1) option at forty (40) years, under the terms and conditions as set forth in this Lease Agreement and spelled out in the Master Lease of which a copy has been made available to Lessee. Lessee must notify Lessor, in writing, of the Lessee's intent to exercise such option within 90 days of the expiration date of this Lease agreement, or each subsequent �%W 14� option term. Failure to provide Lessor such notification shall cause any option renewals to be solely at the pleasure of Lessor. SECTION III. COMMENCEMENT OF TERM The Lease term shall commence on SECTION IV. RENT AND OTHER CHARGES A. GROUND RENT. Lessee shall pay Lessor a minimum base monthly ground rent for the term of this Lease plus all sales tax levied by any federal, state, county, city or any agency authorized to levy and collect rent tax, payable in equal monthly installments, due on the first day of each month during the term of this Lease constituting the minimum monthly rental due Lessor by Lessee as follows: $540.00 per month, as ground rent; $35.10 per month for sales tax; for a total of $575.10 per month base rent. B. AD VALOREM REAL PROPERTY TAXES AND ASSESSMENTS. Lessee shall pay its pro rata share of all property taxes which may be levied or assessed by any lawful authority against the demised premises. A tax bill or photocopy thereof submitted by Lessor to Lessee shall be sufficient evidence of the amount of taxes assessed or levied against the Building. Lessee agrees that if Lessor is required to escrow such taxes, Lessee shall also be required to escrow its pro rata share of taxes. C. PAYMENT SCHEDULE. The rent under this Section IV, including the minimum base rental of Paragraph A above, and the pro rats share of ad valorem real property taxes of Paragraph B above if escrow are required, shall be paid by Lessee to Lessor without notice or demand and without abatement, deduction or setoff in monthly installments, in advance of the first day of each calendar month during the term of this Lease as provided herein. It is clearly understood that, with regard to all sums in addition to the minimum base rent due from Lessee pursuant to this Section IV, Lessor shall have all the rights and remedies provided by law. The provisions for the payment of all sums set forth in this Section in installments is a privilege for the benefit of Lessee. In the -event of failure to make such timely payments, Section XXII shall apply. SECTION V. PENALTY AND INTEREST ON ARREARAGE If Lessee shall fail to pay the monthly installment of rent or any additional payment as required herein to Lessor so that Lessor shall receive same within ten (10) days of the date when the amount is due and payable, a late charge of Six Percent (6%) of the total amount past due or a minimum of Twenty-five ($25.00), whichever is greater, shall be paid by the Lessee to 2 the Lessor per month or portion of each month such item(s) is past due. In addition to the aforesaid late charge, the Lessee shall pay interest at the maximum rate permitted by law from the date when the amount past due was payable by the terms hereof until the date Lessor received payment of same. These charges are for the purpose of collection efforts and to defray costs incurred by Lessor in regard to such collection efforts. Nothing in this section shall be deemed a waiver by Lessor of any covenant, term or condition of this Lease Agreement and in particular, the provisions of Section XXII. SECTION VI. COST OF LIVING INCREASE Lessee shall also pay Lessee's pro rata share of the increased rent paid, if any, by Lessor to St. Lucie County, as successor in interest to St. Lucie County Port & Airport Authority pursuant to Lessor's Master Lease Agreement dated March 12, 1992, recorded at O.R. Book 0780, Page 2329, of the Public Records of St. Lucie County, Florida, of which a copy has been received by Lessee. SECTION VII. ATTORNEY'S FEES, ETC., AS ADDITIONAL RENT If either party or St. Lucie County is compelled to incur any expenses, whether suit be brought or not, including reasonable attorney's fees in investigating, instituting and prosecuting any action or proceeding by reason of any default of either party hereunder, the sum or sums so paid with all interest, costs and damages shall be paid by the non -prevailing party. In the event Lessor is the prevailing party, the awardable sums with all costs, interest and damages shall be deemed additional rent hereunder and shall be due from Lessee to Lessor on the first day of the month in which the respective expenses,etc., were incurred and if Lessee prevails, such sums may be deducted from the next rental payment(s). SECTION VIII. UTILITIES Lessee covenants and agrees to pay in full all electricity, telephone and water services used by Lessee in and around the Demised Premises. Lessor shall place a water meter in the Demised Premises, and Lessee shall pay the metered cost of water provided to the bathroom facilities. SECTION IX. HOLDING OVER Should Lessee continue in possession after the end of the term herein with permission of Lessor, it is agreed that the tenancy thus created can be terminated by either party giving the other party not less than thirty (30) days written notice to expire on the day of the month from which the tenancy commenced to run. In so continuing, Lessee agrees to pay the monthly rental equal to the then existing rent and to pay its pro rata share of other 3 `i✓ charges as set forth herein and to keep the fulfill all the other covenants and conditions of this Agreement. SECTION X. EFFECT OF DESTRUCTION OF DEMISED PREMISES ON RENTAL LIABILITY A. In the event that the improvements to the Demised Premises are completely destroyed, or are damaged in excess of forty percent (40%), due to any cause whatsoever, the Lessee may at its own expenses repair, restore, or replace the destroyed property if Lessee deems it practical or advisable to do so, and this Lease shall continue in full force and effect. If Lessee deems it impractical or inadvisable to repair, restore, or replace the destroyed property, this Lease shall terminate on sixty (60) days' written notice to Lessor under Section XXIV of this Lease. B. In the event that damage to the improvements to the Demised Premises due to any cause whatsoever is not in excess of forty percent. (40%), Lessee shall at its own expense repair, restore, or replace the damaged improvements with due diligence, and this Lease shall continue in full force and effect. C. The phrase "completely destroyed" shall be construed to mean the destruction of the safe, tenantable use of occupancy of all improvements under this Lease. The phrase "damaged in excess of forty percent (40%)" shall be construed to mean any damage to the improvements that will require an expenditure in excess of forty percent (40%) of the market value (immediately prior to the damage) of the improvements to accomplish required repairs, restoration, or replacement. SECTION XI. EMINENT DOMAIN A. INTERESTS OF PARTIES. If the Demised Premises or any part of the Demised premises is taken for public or quasi -public purposes of condemnation in any action or proceeding in eminent domain, or is transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain, the interests of Lessor and Lessee in the award or consideration for the taking or transfer and the effect of the taking or transfer on this Lease shall be governed by this Section XI. B. TERMINATION ON TOTAL TAKING. If all or substantially all of the Demised Premises are taken or transferred as described in Paragraph A, this Lease and all of the rights, title, and interest under this Lease shall cease on the date that title to the Demised Premises vests in the condemning authority, and the proceeds of the condemnation shall be divided between Lessee and Lessor one-half(1/2) to each. For purposes of this Section XI, "all or substantially all of the Demised Premises" shall be deemed to have been taken if forty percent (40%) or more of the gross floor area of the Demised 4 Vftol *AO Premises is taken and cannot be restored or repaired so as to be suitable for the conduct of the activities of Lessee conducted on the Demised Premises prior to the taking. C. TERMINATION ON PARTIAL TAKING. If less than all or less than substantially all of the Demised Premises is taken or transferred as described in Paragraph A, and, if in Lessee's opinion, the remainder of the Demised Premises is in a location, or in a form, shape, or reduced size that makes it impossible for Lessee to effectively and practicably conduct his regular activities on the remaining Demised Premises, then this Lease shall terminate on the date title to .the portion of the Demised Premises is taken or transferred vests in the condemning authority. The proceeds of the condemnation shall be divided between Lessee and Lessor one-half (1/2) to Lessor and (1/2) to Lessee. D. CONTINUATION WITH RENT ABATEMENT AFTER PARTIAL TAKING. If less than all or substantially all of the Demised Premises is taken or transferred as described in Paragraph A, and if in Lessee's opinion the remainder of the Demised Premises is in a location and a form, shape, or size that makes it possible for Lessee to effectively and practicably conduct Lessee's regular activities on the remaining Demised Premises, this Lease shall terminate as to the portion of the Demised Premises taken or transferred as of the date title to the portion vests in the condemning authority. However, this Lease shall continue in full force and effect as to the portion of the Demised Premises not taken or transferred. From and after the date of taking or transfer, the rent required to be paid by Lessee to Lessor shall be reduced during the unexpired portion of this Lease by that proportion of the annual rent that the value of the part of the Demised Premises taken or transferred bears to the value of the total Demised Premises. These values shall be determined as of the date immediately before any actual taking. The proceeds of the condemnation shall be divided one-half (1/2) to Lessor and one-half (1/2) to Lessee. E. VOLUNTARY CONVEYANCE. Nothing in this Section XI prohibits Lessor from voluntarily conveying all or part of the Demised Premises to a public utility, agency, or authority under threat of a taking under the power of eminent domain. Any voluntary conveyance shall be treated as a taking within the meaning of this Section XI. SECTION XII. USE OF PREMISES The premises are leased to Lessee for use only for aeronautical activities as defined by the Federal Aviation Administration or its successor agency and for uses permitted by the St.Lucie County Zoning ordinances, subject to the restrictions contained in Section XXXIII below. During the continuance of this Lease, the Demised Premises shall not be used for any purpose in violation of any purpose in violation of any 5 *A101 federal, state or municipal statute or ordinance or of any order, regulation or directive of a governmental agency, as such statutes, ordinances, regulations, orders or directives now exist or may hereafter provide concerning the use and safety of the Demised Premises. On the breach of any such provision by Lessee, Lessor may, at its option, consider Lessee in default pursuant to Section XXII herein. SECTION XIII. LESSEE'S RIGHTS AND RESTRICTIONS AS TO BUSINESS SIGNS Lessee shall have the right to maintain or display its name on the exterior of the Demised Premises, provided that such signs comply with all FAA, local and government or airport rules. Any such sign shall be kept in a good state of repair and the Lessee shall repair any damage that may have been done to the Demised Premises by the erection, existence or removal of such a sign. At the end of the Lease term, or any renewal thereof, Lessee shall remove the sign at Lessee's expense. SECTION XIV. QUIET POSSESSION Upon payment of Lessee of the rents herein, and upon the observance and performance of all terms, provisions, covenants and conditions on Lessee's part as provided for in this Lease, Lessee shall, subject to all such terms, provisions, covenants and conditions, peaceably and quietly hold and enjoy the Demised Premises for the lease term. Lessor shall not unreasonably interfere with Lessee or its customers or invitees. SECTION XV. PARKING Lessor grants to Lessee the right to use in common with other Lessees entitled to similar use thereof the taxiways, ramp and driveways for ingress and egress, the loading areas and the parking area for parking automobiles of Lessee's invitees, subject to such reasonable rules and regulations as it may be necessary to be established by Lessor to insure the efficient operation and maintenance of the parking and common access areas and to keep them in good conditions, repair (reasonable wear and tear excepted), safe, reasonably clean and free of refuse, obstructions, pavement deterioration and the like. Lessor may require employees of Lessee to use a parking area designated by Lessor as an employee parking area and Lessee shall guarantee to Lessor that Lessee's employees shall use the designated employee parking areas as designated by Lessor. Lessor further reserves the right to provide parking on contiguous property of after acquired property subsequent to the date of execution of this Lease in which event the new parking shall be used as parking facilities for Lessee's customers, students, clients and employees as designated by Lessor. 0 M SECTION XVI. LESSEE'S DUTY TO MAINTAIN PREMISES AND AGREEMENT TO SURRENDER PREMISES IN GOOD CONDITION A. On the expiration date of this Lease as set forth in Section II of this Lease, or the termination of Lessee's possession under this Lease pursuant to Section XXII (collectively referred to as the "Expiration Date"), Lessee shall promptly quit and surrender the Demised Premises and deliver to Lessor actual possession and ownership of the Demised Premises, in such condition that takes into account reasonable wear and tear to the Demised Premises. B. Lessee shall have the right to remove from the Demised Premises all movable equipment, and articles of personal property used or procured for use in connection with Lessee's activities on or before the Expiration Date, provided that Lessee shall promptly repair, or cause to be repaired, any damage resulting to the Demised Premises by reason of this removal. Any trade fixtures, equipment, or articles of personal property of Lessee that remain at or on the Demised Premises after the Expiration Date shall be deemed to have been abandoned by Lessee, and may either be retained by Lessor as its property or disposed of by Lessor without accountability to Lessee for the value of these trade fixtures, equipment, or articles of personal property, or any proceeds derived from the sale of these items. SECTION XVII. REPAIRS Lessee shall take good care of the exterior and interior of the Demised Premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve good working order and condition. All such repairs, restorations and replacement shall be in a quality and class equal to the original work or installations and shall be done in a good and workmanlike manner. If Lessee fails to make such repairs, restorations or replacements, same may be made by Lessor at the expense of Lessee and all sums so spent and expenses incurred by Lessor shall be collectable as additional charges and shall be paid by Lessee as part of the next due monthly rent installment. Lessor shall make all repairs and replacements, structural or otherwise, necessary and desirable in order to keep the Common area of the Jet Service Center in good order and repair, including accessory parking, access, loading and landscaping areas and mechanical areas. Currently, Lessor has not incurred any common area maintenance costs. In the event that Lessor begins to incur common area maintenance costs, Lessee shall pay its pro rata share of such costs, at such times as Lessor provides to Lessee copies of all invoices indicating amounts incurred for common area maintenance costs. For the purpose of this agreement, "common area maintenance costs" shall be limited to lawn maintenance -septic tank and drainfield facilities. 7 lerr' "%o Lessee shall not permit any liens to be attached to the Demised Premises by reason of any labor or materials used in repairs or alterations, restorations or other work included within the responsibility of Lessee. Lessee shall promptly replace all broken plate glass in the Demised Premises at Lessee's own cost and expense unless such breakage was caused by the negligence of Lessor, other Lessees, their agents or employees. If the Lessee fails to repair the damage of any plate glass or window glass on the Demised Premises then the Lessor may repair said damage or destruction and charge the cost of such repairing to the Lessee in the amount thereof which shall be deemed to be and be paid as additional charges on the next due monthly rental installment date. SECTION XVIII. LESSEE INSURANCE ON DEMISED PREMISES Lessee shall purchase and maintain in effect during the term of this Lease and any extension or renewal thereof, a policy or policies of insurance written by a company or companies qualified to write insurance in the State of Florida and possessing a rating of A-3A (or higher) by Best's Insurance Rating, providing insurance coverage against damage to all interior improvements and Lessee's personal property, which policy or policies shall be in an amount equal and sufficient, subject to approval by Lessor, to cover the value of such improvements and personal property. If additional improvements are made during the term of this Lease or any extension or renewal thereof, additional insurance coverage will be obtained, as aforementioned, in any amount equal and sufficient to cover the value of such additional improvements. The cost of premiums of all such policies of insurance as herein required shall be paid by Lessee; such policy or policies shall be in the joint names of Lessor, Lessee and any _ Mortgagee and duplicate copies thereof shall be delivered to Lessor and the policy(s) shall include a minimum comprehensive general liability insurance coverage for both Lessee and Lessor in the amount of not less than Five Hundred Thousand Dollars($500,000.00) for each person. All proceeds from such policies shall be used for the repair and rebuilding of the Demised Premises, or for payment of liability costs, if applicable. SECTION XIX. LESSEE'S HOLD HARMLESS AND INDEMNIFICATION OF LESSOR Lessee shall save and hold Lessor and St. Lucie County harmless from all loss or damage occasioned by the use, misuse or abuse of water or the water pipes or fixtures, electric wires or fixtures, heating apparatus, drains, plumbing and other fixtures and apparatus in the charge of Lessee or those having Lessee's estate in the Demised Premises, or by the bursting of the pipes or by any nuisance made or suffered on the Demised Premises and shall promptly cause same to be repaired at Lessee's sole cost and expense, provided such loss or damage is not caused by faulty materials or 8 ,tame `ft/ workmanship which were the original responsibility of Lessor or by the negligence of Lessor or its agents or other tenants. Lessee covenants that it will indemnify and save Lessor and St. Lucie County harmless from all liability, losses, costs, damages, expenses and judgments arising from injury of any nature occurring or alleged to have occurred during the term of this Lease Agreement to person or property on the Demised Premises (including that to Lessee's customers, employees, agents or invitees) in the parking areas, adjacent sidewalks and loading areas accessory to the Demised Premises provided such liability, loss or costs shall not be due to the negligence, willful act or omission of Lessor, other tenants, their agents or employees. SECTION XX. ASSIGNMENT OR SUBLEASE Lessee shall have the right to assign this Lease or any interest therein or sublet the Demised Premises or any part thereof or any right or privilege appurtenant thereto. Any assignment or sublease shall be made expressly subject to all of the terms, conditions and limitations contained in this Lease between Lessor and Lessee and the Master Lease and Lessee shall continue to be liable and responsible for due performance of all the terms, covenants and conditions of this Lease. If the interest of Lessor shall be transferred voluntarily, or by reason of foreclosure or other proceedings for enforcement of any mortgage on the Demised Premises, Lessee shall be bound to such transferee for the balance of the term hereof remaining and any extensions of renewals thereof which may be effected in accordance with the terms and conditioned of this Lease with same force and effect as if the transferee were the Lessor under this Lease. Lessee does hereby agree to attorn to the transferee including the mortgagee under any such mortgage, if it be the transferee, as its Lessor. Said attornment to be effective and self -operative without the execution of any further instruments upon the transferee succeeding to the interest of the Lessor under this Lease. Lessee agrees, however, that if a written attornment agreement consistent with this provision is required by a mortgagee, the Lessee will execute, acknowledge and deliver same within ten (10) days following a request by Lessor to Lessee to deliver such Agreement. In the event of failure to do so Lessor may, in addition to other remedies for breach of covenant hereunder, execute, acknowledge and deliver the same as the agent or attorney -in -fact of Lessee and Lessee hereby irrevovably constitutes Lessor as its attorney -in -fact for this purpose. The respective rights and obligations of Lessee and the transferee upon such attornment to the extent of the then remaining balance of the term of this Lease and any such extensions and renewals shall be in and are the same as set forth herein. In the event of such transfer of Lessor's interest, Lessor shall be released and relieved from all liability and responsibility thereafter accruing to Lessee under this Lease or otherwise and Lessor's successors or assigns, by acceptance of rent from Lessee hereunder, A *410 shall become liable and responsible to Lessee in respect to all obligations of Lessor under this Agreement except as may be expressly stated to the contrary in this Lease. SECTION XXI. RULES AND REGULATIONS OF THE BUILDING AND COMPLEX Lessee and Lessee's agents, employees, visitors, invitees, licensees, clients and customers shall faithfully comply with the rules and regulations of the Lessor and such further reasonable rules and regulations as Lessor at any time may make and communicate in writing to Lessee which, in the Lessor's judgment, shall be necessary for the reputation, safety, care, efficient operation or appearance of the Building and the common areas. Lessor shall not be liable to Lessee for the violation of any said rules and regulations or the breach of any covenant or condition in any lease by any other Lessee, assignee or sublease or by any employees or invitees or any other Lessee, assignee or sublessee. SECTION XXII. LESSEE'S DEFAULT This Lease is subject to Lessee's performance of the payments, covenants and conditions set forth herein. If Lessee defaults in performance of any such payment of rent installment, pro rata expense payment or other sums due hereunder, or if any waste be committed or unnecessary damage done upon or to the Demised Premises of if there is any default or breach of any covenant, condition or term of agreement to be performed by Lessee hereunder, or any of the following occur (which shall constitute a breach of this Lease by Lessee): A. Institution of involuntary bankruptcy proceedings by or against Lessee; B. Institution of voluntary bankruptcy proceedings; C. Assignment for benefit of creditors of Lessee's interest under the Lease; D. Any pleadings under any sections of any bankruptcy or reorganization act shall be filed by or against Lessee; or E. Appointment of a receiver for the property or affairs of Lessee where such receivership is not vacated within sixty (60) days after the appointment of such receiver; and the breach continues for more than ten (10) days after Lessee receives written notice thereof, Lessor may, at Lessor's option: 10 **40B "ft% 1. Pursue any legal remedy to recover for the breach and continue the Lease in force; or 2. Notify Lessee the full amount of the unpaid balance of the total rental under this Lease Agreement shall be forthwith due and payable as though stipulated to be paid on the date of such default; or 3. Declare the Lease forfeited and its term ended and enter into possession of the Demised Premises and remove all persons and property from the Demised Premises (and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of, Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby) and sue to recovery all rents or damages accruing under this Lease or arising out of a violation. 4. Exercise any and all remedies. provided by law or in equity. Every demand for rent and other charges due wherever and whenever made shall have the same effect as if made at the time it falls due and at a place of payment or on the Demised Premises, and after the service of any notice or commencement of any suit, or final judgment therein, Lessor may receive and collect any rent due and such collection or receipt shall not operate as a waiver or not affect such notice, suit or judgment. To secure the payment of all rents and additional charges due hereunder Lessor shall have a first and prior lien on all of Lessee's furniture, fixtures and merchandise located in the Demised Premises. One or more waivers by Lessor of any covenant, condition or default shall not be construed as waiver, consent or approval of a subsequent breach. It is mutually understood and agreed by Lessor and Lessee that the respective parties hereto shall waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters arising out of or in any way associated with this Lease or the relationship between Lessor and Lessee's use of or occupancy of the Demised Premises. Lessee further agrees that it shall not interpose any counterclaim or counterclaims in a summary proceeding or any action based upon non-payment of rent or any other payment required of Lessee hereunder. SECTION XXIII. TRASH DISPOSAL Lessee shall keep the Demised manner, and shall not permit any accumulate. SECTION XXIV. NOTICES Premises in a careful, safe and clean rubbish or refuse of any nature to Every notice, approval, consent or other communication authorized or required by this Lease Agreement shall not be effective unless same shall be 11 *%W in writing and sent postage prepaid by United States Certified Mail, Return Receipt Requested, directed to the other party at its address provided for below or such address as either party may designate by notice given from time to time in accordance with this section. As to Lessor: Jet Service Center Air Charter of FL., Inc. 3131 Jet Center Terrace Ft. Pierce, FL 34946 SECTION XXV. WORDS OF GENDER As to Lessee: Aircraft Service Center, Inc. Hangar3780 3780 St. Lucie Blvd. Ft. Pierce, FL 34946 Wherever herein the context so requires, the use of the singular shall include the plural, the use of masculine shall include the feminine or the neuter and the use of representative shall include trustee, receiver, executor, etc. SECTION XXVI. INTEGRATION This instrument embodies the whole agreement of the parties and there are no promises, terms, conditions or obligations other than those herein contained. This Agreement shall supersede all previous communications, discussions, representations, advertisements, brochures, proposals or agreements, either verbal or written, between the parties hereto and not herein contained. SECTION XXVII. COUNTERPARTS This agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. SECTION XXVIII. CAPTIONS Captions are included for convenience only and shall be given no legal effect whatsoever. SECTION XXIX. PARTIES Except as herein and otherwise expressly provided, the covenants, conditions and agreements contained in this Lease shall bind and inure to the benefit of Lessor and Lessee and their respective heirs, personal representatives, successors and assigns. ivi SECTION XXX. GOVERNING LAW This Lease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. SECTION XXXI. PARTIAL INVALIDITY If any term, covenant, condition or provision of this Lease or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, condition and provision of the Lease shall be valid and be enforced to the fullest extent permitted by law. SECTION XXXII. APPROVAL OF ST. LUCIE COUNTY This Lease Agreement has been approved by the St. Lucie County. This lease agreement is further conditioned upon Lessee complying with all terms and conditions, rules, regulations and directives issued or adopted by St. Lucie County. This lease agreement is subordinate to the terms and conditions of Lessor's Master Lease from St. Lucie County referred to in Paragraph VI above. A copy of which has been made available to Lessee by Lessor. SECTION XXXIII. COVENANT NOT TO COMPETE The Lessee covenants and agrees to use the Demised Premises solely for the purposes specifically set forth herein and shall not conduct, or allow the conduct of, any business or operation which is or may be in competition with Lessor unless approved in writing by Lessor. The covenant pertains only to the business activities and operations at St. Lucie County International Airport and for the term of his lease agreement. Provided, however, Lessor agrees that Lessee may use the Demised Premises to conduct personal and/or commercial airplane hangarage and storage, without any further permission of Lessor. WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. 13 M M AIRCRAFT SERVI TER INC a san Gh ar Pr 1dent STATE OF FLOP D COUNTY OF AIR CHARTER N�FL., INC. JET S.ERVIC ER 6 Marie vai : President l F The for going instrument was acknowledged before me thi�day of 2000, by JEAN MARIE VAN OVOST, as President of AIR CHARTER OF FLORIDA, INC. d/b/a JET SERVICE CENTER, a Florida Corporation, on behalf of the corporation, who: ( ) is personally known to me, or ( )has produced s identification, a d who did not take an oath. f /7 NOTARYPUBW-STATE OF FLORIDH`� LAURAJ.YAYCEN COIM SSIONOCCs2WO EXPM BoNDED y i E83 iAa m a Florid STATE OF FLOWY*_ COUNTY OF a Name: Typed, printed or am ed Notary Public of the State of having a commission number of and my commission expires: of Nfor oing instrum was ackn led ed bef a me this (C, ay 2000, by who: ( ) is personally known to me, or ( has produkedAk as identification, and who did not take an oath. NOTARY PUBLIC - STATE OF FLORIDA LAURA J. MAYCEN 0 CC82B94O C EXMESSMWM t 888-NOTARYt BONDED THRU ASA Typed, I am a lic of the State of Florida commission number of and my commission expires: 14 printed or Notary Pub having a 01 ,%we AGENDA REQUEST TktaM NO. C —S/. O DATE: April 4, 2000 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Weekend Work Program- First Amendment to March 4, 1997 Interlocal Agreement with Sheriff BACKGROUND: See attached memorandum CA 00-378 FUNDS AVAILABLE: Account No. 140-4210-531000-400 (Airport Professional Services) Account No. 001-7210-531000-700 (Leisure Services Professional Services) Account No. 101-4110-531000-400 (Road and Bridge Professional Services) PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed first amendment to the March 4, 1997 interlocal agreement with the Sheriff for the weekend work program, and authorize the chairman to sign the amendment. COMMISSION ACTION: P ] APPROVED [ ] DENIED [ ] OTHER: Review and Approvals County Attorney: 0 0 ► 4- Management & Budget: Originating Dept. Finance: (Check for Copy only, if applicable): Other: Administrator Purchasing: Other: `we INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-378 DATE: March 29, 2000 SUBJECT: Weekend Work Program- First Amendment to March 4, 1997 Interlocal Agreement with Sheriff BACKGROUND: On March 4, 1997, the County entered into an interlocal agreement with the Sheriff regarding utilization of the weekend work program for County projects. The agreement provided for the County to directly pay the deputies supervising the inmates in the program at a rate of eighteen and 00/ 100 dollars ($18.00) per hour. Effective March 1, 2000, the Sheriff increased the rate paid to deputies for outside details to twenty and 00/100 dollars ($20.00) per hour with a three hour minimum and twenty-two and 00/100 dollars ($22.00) per hour with a three hour minimum for a supervisor if required. Attached to this memorandum is a copy of a proposed first amendment to the interlocal agreement which incorporates this rate increase effective retroactive to March 1, 2000. The program is used by the Airport and Leisure Services Departments and the Road and Bridge Division. CONCLUSION/RECOMMENDATION• Staff recommends that the Board of County Commissioners approve the proposed first amendment to the March 4, 1997 interlocal agreement with the Sheriff for the weekend work program, and authorize the chairman to sign the amendment. Respectfully submitted, /l4� 4,,y_ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Director Deputy Clerk M en FIRST AMENDMENT TO MARCH 4, 1997 INTERLOCAL AGREEMENT THIS FIRST AMENDMENT is dated this day of , 2000, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and the ST. LUCIE COUNTY SHERIFF, hereinafter referred to as "Sheriff'. WHEREAS, on March 4, 1997, the parties entered into an Interlocal Agreement, hereinafter referred to as the "Agreement", which was recorded in Official Records Book 1068 at page 752, of the public records of St. Lucie County, Florida, wherein the parties agreed to implement a weekend work program for County public works projects utilizing the services of County inmates in the custody of the Sheriff, and, WHEREAS, the Sheriff increased the hourly rate paid to deputies and supervisor for off duty detail services effective March 1, 2000; and, WHEREAS, the parties desire to amend the Agreement to reflect the increase in the hourly rate for off duty detail services. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: Paragraph 2 of the Agreement shall be amended to read as follows: 1. County Responsibilities. The County shall provide work assignment(s) to be utilized by the Sheriff for the weekend work program and shall directly forward payment to the two (2) deputy sheriffs supervising the inmates in an mount equal to twenty and 00/ 100 dollars ($20.00) per hour per deputy with a three (3) hour minimum per day. In the event a supervisor is required to be on site, the rate shall be twenty-two and 00/100 dollars ($22.00) per hour with a three (3) hour minimum per day. The County shall directly forward payment to the supervisor for such services. 2. This Amendment shall be effective retroactive to March 1, 2000. 1 0 M 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY SHERIFF BY: ROBERT C. KNOWLES gAagreemnt\interloc\ 1 a-sheniff,trustees,wpd 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Leisure Services ITEM' NO. C- Z) DATE : , At - V - 00 REGULAR [] PUBLIC HEARING [ ] CONSENT [xx] PRESENTED BY: Mike Leeds SUBJECT: Permission to advertise- Event Marketing and Merchandising BACKGROUND: The Leisure Services Department wishes to issue a Request for Proposal for event marketing and merchandising for County sponsored events at Leisure Services facilities. If successful in contracting with a vendor, the Department could increase revenues and give the department more exposure. In conversation with local vendors, some interest has been expressed in entering into this kind of arrangement. FUNDS AVAILABLE: N/A RECOMMENDATION• Staff requests permission to advertise a Request for Proposal for event marketing and merchandising for all facilities excluding Thomas J. White Stadium. COMMISSION ACTION: CONCURREWIj ' [X] APPROVED [ ] DENIED [ ] OTHER: Review and Approvals County Attorney: d� Management & Budget Originating Dept �— Other: Other Finance: (Check for Copy only, if applicable)_ R(s M. Anderson y Administrator Purchasing: =c , BID, RFP & RFQ REQUEST FORM This form must be filled out and attached to the technical specifications or scope of work supplied by the requesting department. Any missing information may delay the bidding process. The technical specification or scope of work must be sent to the Purchasing Department in a data file in WordPerfect format. Project Name and Description Event Merchandising and Marketing Requesting Department _Leisure Services Project Manager or Contact Person Mike Leeds Phone Number 462-1512 Fax 462-1940 Date Submitted _April 4, 2000, Requested Bid Opening Date _June 14, 2000 (If the funding for this bid was specifically approved in the budget allow two weeks for advertisement. If permission to advertise is required allow 34 weeks. Bids less than $500,000 require a minimum of 21 days from advertisement to opening and bids in excess of $500,000 require a minimum of 30 days.) Insurance and bond information. BONDS A. Yes ❑ No x 5% Bid Security B. Yes ❑ No x 100% Maintenance Bond years C. Yes ❑ No x 100% Public Construction Bond„ (This requirement may be waived by the County Administrator if the project is less than $200,000, attach melt confirming waiver.) INSURANCE CO The following are the standard limits for County projects. Any request to deviate from these limits must be submitted in writing to the Risk Manager. The submittal must contain a description of the project and reason for the deviation. A. Yes x No ❑ B. Yes x No ❑ Worker's Compensation $1,000,000 by accident - each accident $1,000,000 by disease - each employee $1,000,000 by disease - policy limit Commercial General Liability $1,000,000 per occurrence $3,000,000 per job aggregate REV 10MM 1 of 2 111"r C. Yes x No ❑ Commercial Auto Liability Combined Single Limit, Bodily Injury/Property Damage X$300, 000 ❑ $1, 000, 000 ❑ $3, 000, 000 D. Yes No x Builder's Risk (all risks for the total construction cost of the project) E. Yes x No ❑ Professional Liability $1,000,000 aggregate F. Yes ❑ No ❑ Other Pre -bid meeting Yes x No ❑ Best time and day of week _Tuesday afternoons Mandatory Yes x No ❑ Place To be determined Bid form information (unit pricing, break-out pricing, etc.) attach additional sheet if necessary Approval Budget item request # Board Approval Date Once awarded Fund -This is for revenue purposes only, fund number is not applicable Special requests or Instructions: REV 1 W22/98 2 of 2 RM `"d REQUEST FOR PROPOSALS JIM Board of County Commissioners St Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 M `+ W Table of Contents Part I General Information 1-1 Definitions 1-2 Invitation to Propose; Purpose 1-3 Issuing Office 1-4 Awards 1-5 Development costs 1-6 Inquiries 1-7 Site Visitations 1-8 Timetables 1-9 Delays 1-10 Proposal Submission and Withdrawal 1-11 Rejection of Irregular Proposals 1-12 Addenda 1-13 Equal Opportunity 1-14 Oral Presentation 1-15 Insurance 1-16 Lobbyist Disclosure 1-17 Feasibilil Studies Part II Statement of Work 2-1 Scope of Work Part III Instructions for Preparing Proposals 3-1 Rules for Proposals 3-2 Proposal Format Part IV Evaluation of Proposals 4-1 Evaluation Method and Criteria 0 1-1 DEFINITIONS GENERAL INFORMATION PART I For the purposes of this Request for Proposals ("UP"), Proposer shall mean contractors, consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE; PURPOSE The Board of County Commissioners, St. Lucie County, Florida (the 'Board") solicits proposals from responsible Proposers to provide event marketing and merchandising for County sponsored events. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida 34982 1-4 CONTRACT AWARDS The Board anticipates entering into a contract with the Proposer who submits the proposal judged by the Board to be most advantageous. The Board reserves the right to award more than one contract if in its best interest. The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by the Board and a written agreement or contract is approved by both the Board and the successful Proposer. A standard St. Lucie County consultant contract is included with this RFP. This contract will form the basis of the contract between the successful proposer and the County. At the option of the County, terms and conditions may be added, modified or deleted through negotiations with the successful Proposer. The Board reserves the right to reject all proposals, to waive any informalities, and to solicit and re -advertise for other proposals. -1- `\✓ 1-5 DEVELOPMENT COSTS Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-6 INQUIRIES The County will not respond to oral inquiries. Proposers may submit written inquiries for interpretation of this RFP to: Charles Bicht St. Lucie County Purchasing Manager Administration Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida, 34982. The County will respond to written inquiries if received at least 7 working days prior to the date scheduled for receiving the proposals. The County will record its responses to inquiries and any supplemental instructions in the form of a written addendum. If addenda are issued, the County will mail or fax written addenda at least 5 working days before the date fixed for receiving the proposals. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. The County will send written addenda to all Proposers who receive the RFP. 1-7 SITE VISITATIONS Any Proposer desiring to visit site locations should contact Mike Leeds at 462-1512 to arrange a site visitation. These visitations should be done in sufficient time to allow Proposer to meet the proposal submission deadline. 1-8 TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions concerning this RFP. A. On , 1998, the Board issues the RFP. B. From , 1998 to 1998, the County will receive and answer inquiries received by mail. -2- M r„/ C. The County must receive the proposals by 3:00 PM on , 1998. D. From opening time, the Board and County staff will review and evaluate the proposals on a timely basis. E. The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. 1-9 DELAYS The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1-10 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive proposals at the following address: St. Lucie County Purchasing Department Administration Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: "RFP #_Event Marketing and Merchandising at County sponsored events" . The envelope shall also include the Proposer's return address. Proposers shall submit ten copies of the proposal in a sealed, opaque envelope marked as noted above. The Proposer may submit the proposal in person or by mail. THE COUNTY MUST RECEIVE ALL PROPOSALS BY 3:00 PM ON 1998. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of proposals to the County prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identify and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, proposals become "public records" and shall -3- 1�k✓ be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-11 IRREGULARITIES: REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and qualifications may be rejected by the County as non -responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or informalities in any proposal. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perform faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all proposals without cause. 1-12 ADDENDA If revisions become necessary, the County will provide written addenda at least five days prior to the opening date to all Proposers who receive the RFP. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. 1-13 EQUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their proposals. 1-14 ORAL PRESENTATION At their discretion, the County may require any Proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the Proposer to clarify the proposal for the County. The County will schedule any such presentations. 1-15 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-16 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such -4- *toe ,,ft� disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-17 FEASIBILITY STUDIES The County has established a policy that any professional consultant that contracts with the County as an advisor as to the feasibility of any County capital project, shall not be eligible to participate in any future design work on that project that might become necessary as a result of the consultant's advice. The Board of County Commissioners (the "Board") may determine to waive this policy by majority vote if the Board determines that there is a compelling reason to waive the policy. STATEMENT OF WORK PART H 2-1 SCOPE OF WORK The Board of County Commissioners is seeking competitive proposals to perform marketing and merchandising at County sponsored events. This will include (but not be limited to) selling t-shirts, hats and other novelties that the proposer may have available, or the County may request. These facilities include but are not limited to: Lawnwood Baseball Complex St. Lucie County Civic Center (Proposed) South Regional Sports Complex Fort Pierce Community Center Lincoln Park Community Center -5- Fort Pierce Amphitheater Fairwinds Golf Course St. Lucie County Historical Museum Childrens Environmental Museum Savannas Recreation Area St. Lucie County Sports Complex (excluding the New York Mets spring training and St. Lucie Mets season events) The proposer will be notified of events where novelties and souvenirs should be available for sale. INSTRUCTIONS FOR PREPARING PROPOSALS PART III 3-1 RULES FOR PROPOSALS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3-2 PROPOSAL FORMAT Proposers shall prepare their proposals using the following format: A. Letter of Transmittal This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope of Work. The letter must name all of the persons authorized to make representations for the Proposer, including the titles, addresses, and telephone numbers of such persons. An official authorized to negotiate for the Proposer must sign the Letter of Transmittal. B. Organization Profile and Qualifications This section of the proposal must describe the Proposer, including the size, range of activities, etc. 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. The Proposer must emphasize its expertise in, and experience with similar programs. The proposal must identify the primary individuals responsible for supervising the work. The Proposer shall provide the County with the resumes of the primary individuals. The proposals must also include recent and pertinent references, including bank references, contact name, telephone number and address. C. Scope of Work This section of the proposal should explain the Scope of Work as understood by the Proposer and detail the approach, activities and work products to be provided. 1.1 �%r D. Compensation The proposal shall include a minimum guarantee of $5,000 per year over a 10 year contract. The proposer should include a percentage amount of sales that will be used for revenues above $5,000. The final percentage for revenues above $5,000 is subject to negotiation. E. Additional Data Any additional information which the Proposer considers pertinent for consideration should be included in a separate section of the proposal. -7- %e `W EVALUATION OF PROPOSALS Part IV 4-1 EVALUATION METHOD AND CRITERIA A. General The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award. Awards, if any, will be based on both an objective and subjective comparison of Proposals and Proposers. The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1. Minimum guarantee (at least $5,000 annually for 10 years), percentage of revenue for sales above the minimum 2. Variety and quality of product 3. A minimum 5 years proven track record of event marketing locally, regionally and nationally. 4. Ability to meet set standards; 5. Qualifications of Proposer; 6. Technical soundness of proposal; 7. Time frames; 8. Past contracts with the County and other governmental jurisdictions; 9 Related experience in St. Lucie County; 10. References; 11. Financial resources and capabilities. B. Selection The selection of a Proposer to provide the requested services shall be in accordance with Section 287.055, Florida Statutes and Section 10 of the St. Lucie County Purchasing Manual. The Board of County Commissioners may conduct the selection process or at the option of the Board, it may be referred to the Competitive Selection Committee (the "Committee"). Either the Board or the Committee will review all proposals received and establish a list in order of preference of no fewer than three Proposers deemed to be the most qualified to provide the service requested based on the criteria set forth above. Alternatively, the Board may direct the Committee to establish a "short list" of no fewer than three Proposers without establishing a priority order. The "short list" shall be submitted to the Board and the Board may rank the Proposers in order of preference. The Committee or the Board may request oral presentation from 10 '%W. r.r/ the Proposers when establishing the priority list. If three or fewer proposals are received, all Proposers shall be included in the selection process as described below. If the list of Proposers has been prepared by the Committee, the list shall be submitted to the Board for approval. At the option of the Board, either the Board or the Committee shall attempt to negotiate a contract with the most qualified Proposer at a compensation which is fair, competitive and reasonable. If the Committee or the Board is unable to negotiate a satisfactory contract with the first Proposer, negotiations with that Proposer shall be terminated and the Committee or the Board shall attempt to negotiate a contract with the next most qualified Proposer. If these negotiations are not successful, negotiations shall be terminated with the second Proposer and attempted with the third most qualified. If the Board or the Committee is not successful in negotiating a satisfactory contract with any of the selected Proposers, the Board or the Committee shall select additional Proposers in order of their qualifications and continue negotiations until an agreement is reached or if no agreement can be reached the Board may reject all proposals and may re -advertise for new proposals. All contracts negotiated by the Committee shall be subject to final approval by the Board unless such approval is waived by the Board. u .0000w POM NO. C-6 DATE: 04/04/00 CONSENT [ X ] REGULAR [ ] PUBLIC HEARING [ ] Leg.[ ] Quasi-Jud. [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY • • r►►nmLn, LY �gve � ���nucll� -- Community Dev. Dir. gUBJF' T: Request of Covenant Project Development Corporation for _ an Exemption from Section 11.02.09(A)(4), St. Lucie County Land Development Code requiring the Preparation of a Transportation Impact Report for the project to be known as Lake Forest Park - PUD BACKGROUND: Lake Forest Park - PUD is a proposed 59-unit residential development which requires a Transportation Impact Report because the proposed project has more than 49 units. The proposed project is located on 12.01 acres of land on the west side of South 25th Street, approximately 900 feet north of Edwards Road. RECOMMENDATION: Approve the request of Covenant Project Development Corporation for an exemption from Section 11.02.09(A)(4), St. Lucie County Land Development Code which requires the preparation of a Transportation Impact Report. [X ] APPROVED [ ] DENIED [ ] OTHER: Review and AppProvals / County Attorney: �1rtOd�*L Management & Budget: Originating Department: Other: Finance: (Check for Copy only, if applicable) Coun M. Anderson Administrator Purchasing: other: s,, COUNTY COMMISSION REVIEW: April 4, 2000 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: March 29, 2000 Subject: Petition of Covenant Project Development Corporation for relief from the requirements of Section 11.02.09(A)(4) of the St. Lucie County Land Development Code -Transportation Impact Report Lake Forest Park - PUD is a proposed 59-unit residential development located on a 12.01 acre parcel of land located on the west side of South 25 h Street, approximately 900 feet north of Edwards Road. The developer of Lake Forest Park - PUD is requesting that this Board authorize an exemption from the requirements of Section 11.02.09(A)(4) of the St. Lucie County Land Development Code. The provisions of this section require that all requests for site plan approval for developments that contain more than 49 units submit a Transportation Impact Report (TIR) as a part of the review process. The TIR assesses the impacts of development upon transportation facilities. A waiver of this requirement may be granted by this Board upon the demonstration by the developer that the information foregone by such relief is not needed to determine the impacts of the proposed development upon transportation facilities. Staff has reviewed the request by the developer for a waiver of this report (copy attached) and has determined that the submission of a Transportation Impact Report is not necessary to determine the impacts of the proposed development upon the traffic facilities in this area. This determination is based upon the fact that the proposed development of 59 units will not result in a reductiowin the Level of Service along South 25th Street. The applicant projects approximately 230 trips per day based on the trip generation rate in Broward County of 3.90 trips per day for a Retirement Community. The Institute of Traffic Engineers (ITE) projections for Residential PUD - Retirement Communities indicate that 443 trips per day might be expected (7.50 trips per day for 59 units). The addition of 443 trips per day will not cause a decrease in the Level of Service in this area. The applicant also noted that the 49 unit threshold, if applied to a single-family project, would generate almost 500 trips per day. This project, because of its lower generation rate, falls below this threshold. 0 April 4, 2000 Project: Lake Forest Park - PUD Page 2 T.I.R. Waiver Staff recommends that this request for an exemption from the requirements of Section 11.02.09(A)(4) be approved and that no transportation impact report be required for this project. Please contact this office if you have any questions on this matter. SUBMITTED: 1�� XL J hwchuk, AICP unity Development Director Attachment hf cc: Peter Aquart, P.E. Glen Pawlowski File W1ILLIAM F MULNEARN, A 7976 S.F. WINDJAMMER WAY HOBE SOUND, FLORIDA 33455 PHONE. (561) 545-9441 FAX: (561) 545-9442 January 31, 2000 Mr. John Underwood COVENANT PROJECT DEVELOPMENT CORPORATION P.O. Box 4112 Duluth, Georgia 30096 FEB 4 20 COMMUNITY DEVELOPMENT ST 1 1 IMr Re: Request for Waiver from TIR Requirements for LAKE FOREST PARK. Project No. 00-16601.LTR.wpd Dear Mr. Underwood: The purpose of this letter is to request a waiver from the requirements of a Transportation Impact Report (TIR) for Lake Forest Park. Lake Forest Paris is a planned retirement community that will contain 59 dwelling units at full buildout. Current St. Lucie County criteria stipulates that a Transportation Impact Report (TIR) "shall be provided for any proposed residential development exceeding forty-nine (49) dwelling units." Discussions with the staff of St. Lucie County Planning Department stated that this threshold was intended to address single-family dwelling units that generate an average of 10 trips per day per dwelling unit. Thus, the preparation of a Transportation Impact Report (TIR) will be required for residential developments that generate 490 or more trips per day. Lake Forest Park will be developed as a retirement community. Current trip generation rates in use nationwide, as well as, in use in nearby counties for land uses consistent with the proposed development were investigated. TABLE 1 below contains comparisons of trip generation rates for a variety of uses. TABLE 1 TRIP GENERATION RATE COMPARISONS INSTITUTE OF BROWARD PALM BEACH TRANSPORTATION LAND USE COUNTY COUNTY ENGINEERS (ITE)* Retirement 3.90 trips per day Use ITE Rates 2.76 trips per day (Code 250) Community Condo / Townhouse 5.86 trips per day Use ITE Rates 5.86 trip per day A.L.F. (Congregate 2.15 trips per day 2.154 trips per day 2.15 trips per day (Code 252) Care Facility) Elderly Housing - Use ITE Rates Use ITE Rates 3.48 trips per day (Code 253) Attached 7.50 trips per day(Code Residential P.U.D. Use ITE Rates Use ITE Rates 270) * Institute of Transportation Engineers' Trip Generation Manual, Sixth Edition. TRAFFIC ENGINEERING 6 TRANSPORTATION PLANNING CONSULTANTS *40 **# Mr. John Underwood Transportation Impact Report Waiver - Lake Forest Park January 31, 2000 Page Two Using the maximum trip generation rate for a Retirement Community of 3.90 trips per day the proposed 59 dwelling units proposed within Lake Forest Park will generate 230 trips per day - far below the threshold of 490 trips per day that would require that a Transportation Impact Report (TIR) be prepared. Even by using the maximum trip generation rate for a Residential P.U.D. Retirement Community of 7.50 trips per day the proposed 59 dwelling units proposed within Lake Forest 'Park will generate 443 trips per day - still below the threshold of 490 trips per day that would require that a Transportation Impact Report (TIR) be prepared. Sincerely, illi F. Mulheam, P.E.