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HomeMy WebLinkAboutAgenda Packet 10-05-99 l):'ULr . 1_) "-' October 5, 1999 """" WELCOME BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 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 HEARlNGS- 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 ofthe 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. MEETlNGS- 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, Fla. 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. ~ ~ ßOARD OF COUNTY COMMI5SIONER5 www.stIu cieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA October 5,1999 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES / Approve the minutes of the meeting held September 28, 1999. 2. GENERAL PUBLIC COMMENT 3. CONSENT AGENDA 4. COUNTY ATTORNEY JA. Contract for Sale and Purchase / Hidden River Estates Drainage Retrofit - Consider staff recommendation to approve the contract for sale and purchase of the Majewski property in the amount of $7,000.00, and authorize the Chairman to execute the contract. v. Contract for Sale and Purchase / Hidden River Estates Drainage Retrofit - Consider staff reco ndation to approve the contract for sale and purchase of the CucoIo prope in the amount of $9,000.00, and authorize the Chairman to execute the c ract. Cultural Affairs Council Vacancies - Consider staffrecommendation to fill one of,the vacanc.ies on the Cultural Affa~'rs Council fr m the list of nominees submitted by the Council. ~ --=--=;;;;:::;; f-;r v - -,-¡(., ~: 5. LEISURE SERVICES Jnterlocal Agreement _ Consider staff recommendation to approve the amended and restated agreement for the Recreation Facilities Exchange between the City of Fort Pierce and St. Lucie County. /'1 ¿ /¿ (.../I "" /J ~ ~,...- R'- ~ /../- /,;7 0../ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarô at these meetings will need a record of the proceedmgs and for such purpose may neeô 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 durir,g a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1418 at least forty-eight(48) hours prior to the meeting. '-' -.",I CONSENT AGENDA October 5. 1999 1. WARRANTS LIST Approve warrants list No. 52 2. PURCHASING A. Permission to purchase equipment - Consider staff recommendation to approve the request to purchase equipment at various auctions or surplus depots throughout the state. B. Authorization for additional Y2K funding - Consider staff recommendation to approve the transfer of funds and acquisition of equipment and services for software and hardware at the courthouse for the Clerk of Courts in the amount of $23,742.05, software for the firewall for the County Web server in the amount of $32,422.00, and additional expenses for the new golf course computer system in the amount of $1,630.00, for a total of $57,794.05. C. RFP No. 99-075 Paging Service for St. Lucie County - Consider staff and selection committee recommendation to approve the proposal of Dave's Communications, and authorize the Chairman to sign the contract as prepared by the County Attorney. 3. MANAGEMENT AND BUDGET Resolution No. 99-241 - Consider staff recommendation to approve the resolution appropriating funds for grant awards received by St. Lucie County in August and September of 1999. 4. COMMUNITY DEVELOPMENT Public Hearing Advance Notice -Consider staffrecommendation for permission to advertise the following public hearing schedule for the Board of County Commissioners meeting of October 19, 1999, at 7:00 p.m., or as soon thereafter as possible. PAUL JOSEPH DUPONT, for a Change in Zoning from the RS-2 (Residential, SingIe- Family _ 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District. Location: 6870 Andrews Avenue DOMINICK LIOCE, for a Change in Zoning from the PUD (Planned Unit Development _ Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. Location: West side of South SR A-I-A, adjacent to the south property line ofthe South Hutchinson Island Water Reclamation Facility PIPPIN TRACTOR, for a Change in Zoning ftom the AR-l (Agricultural, Residential- 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District. Location: East side of Kings Highway, approximately Yz mile north of St. Lucie Boulevard ...... ....", CONSENT AGENDA OCTOBER 5, 1999 PAGE TWO 4. COMMUNITY DEVELOPMENT (CONTINUED) REAL STONE & GRANITE CORPORATION, for a Conditional Use Permit to allow the manufacturing of cut stone and stone products in the IL (Industrial, Light) Zoning District. Location: 427 South Market Avenue CHARLES A. WHITE, for Preliminary and Final Planned Unit Development approval for the project known as Pine Summit - PUD, and for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (planned Unit Development - Pine Summit) Zoning District. Location: East side of South U.S. Highway No.1, approximately 500 feet South of the entrance to the Vista St. Lucie Condominiums 5. AIRPORT Lease Agreement _ Consider staff recommendation to approve the lease agreement with Mr. John Brighton d/b/a Coronado Mfg. Group for approximately 5.40 acres of property at 3926 North Kings Highway on St. Lucie County International Airport, and authorize the Chairman to sign the land lease. 6. COUNTY ATTORNEY Option Agreement / Indrio North Savannas Project - Consider staff recommendation to approve the option agreement for Parcel 177. 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. .. _.~_...__.. '-' ...", BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 28, 1999 Tape: 1-2 Convened: 9:07 a.m. Adjourned: 10:49 a.m. Commissioners Present: Chairman, Paula A. Lewis, John D. Bruhn, Cliff Barnes, Doug Coward; Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Ray Wazny, Public Works Director; Paul Phillips, Airport Director; Jim David, Mosquito Control Director; Bill Blazak, Utilities Director; Mike Leeds, Leisure Services Director; Beth Ryder, Human Services Manager; Charlie Bicht, Purchasing Manager; Mike Bowers, Road and Bridge Manager; Joe Finnegan, PersonnelJRisk Manager; Hank Dufour, Personnel Training Manager; Don West, County Engineer; Nick Dragash, Central Services Manager; Leo Cordeiro, Solid Waste Manager; Jack Southard, Public Safety Manager; Deputy Williams; A. Millie Delgado, Deputy Clerk 1. .MINUTES (1-021) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meetings held including the correction, on September 21, 1999, September 9, 1999and September 16, 1999; and, upon roll call, motion carried unanimously. 2. PROCLAMATION (1-025) A. Resolution No. 99-170, Proclaiming the week of October 3, 1999 through October 9, 1999 as "Mental Illness Awareness Week" in St. Lucie County. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Resolution No. 99- 170; and, upon roll call, motion carried unanimously. Ms. Walker from the National Alliance for the Mentally III was present to accept the proclamation. B. Airport Terminal Remodeling- The Board presented the Central Services Staffwith plaques in appreciation for their re!!1odeling of the Airport Terminal. 3. GENERAL PUBLIC COMMENTS (1-949) Mr. Lowendowski, Port St. Lucie resident, addressed the Board in opposition to the space needs study for the Courthouse. Mr. George Belton, Ft. Pierce resident, addressed the Board regarding several questions he had presented in a prior meeting which have not been answered. -J - .;.;c ..~..;......""".""" :.~..;..;;'t¡;o.;"" '.~ .: ,.;> ';¡.:rZf.~;·~· ,r , """'C:';''::_~~~~~~'':::-:'':"''\o'{"":;::!I''':''-'",,,-' 'e. '.""" "'" ~ 'C=';~'~ """" [_",N~ ~l f· ,'<' i _:.:.~---,,~-~_.'-, Mr. Bob Bangert, Holiday Pines resident, addressed the County regarding "Growth" . 4. CONSENT AGENDA (1-949) .:. .'. It was moved by Com. Barnes, seconded by Com. éoward to approve the Consent Agenda, excluding:~em C-7B which Com. Bruhn requested a separ~te vote on 1his item; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List NO.51 2. LEISURE SERVICES A Fairwinds Gulf Course- The Board approved the Golf Rate Schedule for Fiscal Year 1999-2000. B. Grant Application- The Board approved the submittal of a grant application to the Florida Recreation Development Assistance Program for funding of the South County Regional Stadium. 3. MANAGEl\.1ENT/BUDGET A Resolution No. 99-230- The Board approved the budget resolution appropriating the revenue from the Combined Special Assessment Bond Series 1999. B. Resolution No. 99-232/Timberlake Estates MSBU/ The Board approved the budget resolution appropriating $16,612 from prior year refunds. C. Budget Amendment No. 99-141Æquipment Request No. 99-241- The Board approved the amendment transferring $3,1 00 and the equipment request for the purchase of a telephone console for the third floor receptionist desk. D. Resolution No. 99-212- The Board approved the correction of Scrivener's error in the resolution. E. Gra~t Application- The Board approved the submission of a grant application in the amount of$28,000 to participate in the FY 2000 Highway Safety Program offered by the Florida Department of Transportation on behalf of the St. Lucie County Sheriff s office. 4. PERSONNEL/RISK MANAGEl\.1ENT A Renewal of Public Officials and Employees Liability Insurance-The Board approved the renewal of National Union Fire Insurance Company Policy No. 861-89-52 for the period of 10/1/99 to 10/1/00 at a premium of$58,229. B. Reclassification Requisitions Nos. RC 00-104, RCOO-1 05 and RCOO-1 06- The Board approved the reclassifications requests for pay grade, title and salary adjustment for the Utilities Department. C. Salary for Assistant County Administrator- The Board approved the County Administrator to hire an Assistant County A~IIlÍnistrator up to the midpoint of pay grade 38. D. Contract Approval- The Board approved the contract with Human Resource Performance Consultants to conduct a pay and classification study. -2- " ", _...__,--,-.........,.,..._--,....,..~..,.r:;.. c: "--;"~""~\"" '·..·c.... ':",~~.~:;~:;;:-;.;ii;.·._f,:·:;.t.""'~.¡....~:~·,C_lo,.;-~..·"":'\i".:~. ,.... '.,;;..:..; ,'.,,', '<-,~ .--' '-' ....., 5. PURCHASING A. RFP No.. 99-073- Recycling of Cardboard- The Board approved the ranking of vendors responding to the RFP, and authorized.the.Chairman to sign the contract. B. Bid Waiver and Purchase- The Boara approved the bid waiver and purchase ITom the quotation to Freightliner Trucks of-South Florida, Inc., for the purchase of a Lowboy·... Tractor Truck in the amount of $62,942.18. C. The Board approved the request to participate in the November 6, 1999 auction held by the St. Lucie County School Board on St. Lucie County School Board property. D. Authorization for additional Y2K funding- The Board approved the transfer of funds in the amount of $42,215 .26 and acquisition of equipment and services for the Automated Services Help Desk, the Library Sun Computer System, and the Finance Department. E. Award of Bid No. 99-071- Oleander Business Park CDBG Phase 1 Water Main- The Board approved awarding the bid to Sheltra & Son in the amount of$452,655.50 and authorized the Chairman to sign the contract and interlocal agreement. F. Award of Bid No. 99-077- Purchase of Culvert Materials- The Board approved awarding the bid to three bidders, entering into buying agreements for the items for which each bidder was low, provide for the purchase ITom the second or third low bidder ifthe item is not available at the low bidder, and authorized the Chairman to sign the agreements. 6. LIBRARY State Aid to Libraries Grant Application FY 1999/2000- The Board approved the grant application for an estimated $280,363 in funding, and authorized the Chairman to sign the application. 7. COMJVfUNITY DEVELOPMENT A. Resolution No. 99-217- The Board approved the resolution approving the schedule of fees for services at the St. Lucie County Health Department, and to approve the contract between the State of Florida Department ofHealtb, and to approve the contract between the State of Florida Department of Health and St. Lucie County for operation of the Health Department and authorized the Chairman to sign all documents. c. ' New Horizons of the Treasure Coast- The Board approved three contracts for mental health, alcohol and substance abuse services in the amounts of $565,210.00, $89,457.00 and $28,840.00 and authorized the Chairman to execute the contracts. D. .. E. k-::; . . F. ",."" G. .~..; ~ :t""r:i "'" Alpha Health Services, Inc., The Board approved the contract for matching funds in the amount of$37,751.00, and authorized the Chairman to sign the agreement. Deaf Service Center of the Treasure Coast Grant- The Board approved the contract for a grant in the amount of$7,500.00, and authorized the Chairman to execute the contract. Love Center Regeneration, Inc., Grant- The Board approved the contract for a grant in the amount of $40,000 and authorized the Chairmàn to execute the contract. Healthy Start Coalition of St. Lucie County Grant- The Board approved the contract for a grant not to exceed $40,000 and authorized the Chairman to execute the contract. -3- ",',;. . ,,"'_~";~." ......~__- _,.:';" ~~.~_"_.~. _.- ,', ..~_'~" ", __: .~:_¡ ;: . r. .- -,--,~,.,,-...- _-"_n_"'~'_ -- ~. ....., ~--' ""-.':- -:'~.~-",-; H. Council on Aging of St. Lucie, Inc., The Board approved the contract with the Council on Aging of St. Lucie, Inc., for matching funds on the Older Americans Act in the amount of $54,606 and for matching funds for the Community Care for the Elderly grant in the amount of $50,073 and authorized the Chairman to execute the contracts. 1. The ARC of St. Lucie County Agreement- The'Board approved the agreement for the FDOT Vehicle Match in the amount of$ 5,000 and authorized the Chairman to sign the agreement. J. Restoration House Contract- The Board approved the contract with the Restoration House for a grant in the amount of $20,000 aI!d authorized the Chairman to execute the contract. K. Abbiejean Russell Care Center Agreement- The Board approved the first amendment to the October 27, 1998 agreement, and authorized the Chairman to execute the agreement. 8. PUBLIC WORKS A. Engineering/Amendment No. 2- The Board approved the amendment to the grant agreement for the Indian River Estates/Savannas Ecosystem Management Project with the SFWMD for a 14 month extension, and authorized the Chairman to sign. B. EngineeringÆxtension of Agreement- The Board approved a one year extension to the agreement for Construction Inspection Management with Post, Buckley, Schuh and Jernigan, Inc., and authorized the Chairman to sign the agreement. C. Engineering/Grant Agreement- The Board approved the grant agreement with the St. Johns River Water Management District in theå:mount of $55,000 for the Indian River Estates Savannas Ecosystem Management Project, and authorize the Chairman to sign the agreement. D. Change Order No. 4/Dredging of Landfill Cover Materials- The Board approved the change order to Ludlum Construction Company, Inc., for a decrease in the amount of dredging material ITom 1,000,000 cubic yards to 881,904 cubic yards, a decrease of $118,096 final payment of$71,379.20 and release of retain age in the amount of $42,505.20 for a total amount of$113,884.40. 9. AD1v1INISTRATION A. Board of County Commissioners Meeting Tirpe Changes for November- The Board approved the BCC meeting for November 16, 1999 be rescheduled as a day meeting and the November 23, 1999 BCC meeting be rescheduled as a night meeting. B. Senior Management Class Retirement- The Board approved that the County Administrator be retroactively included in the Florida Senior Management Class for the period of July, 1995- January, 1997 and that the Florida Retirement be paid approximately $5,575 for this time period. 10. UTILITIES/RECYCLING Part II Recycling and Education Grant- The Board approved the submission of the grant in the amount of $129,837 to the Florida Department of Environmental Protection and authorized the Chairman to sign the application. -4- .,' ,,:.:" ÿ ;-1 c"¡ 1 J 1 \ I ¡ I ! ¡ "'",:"·-~;'~.·T:. - '-" ....." "-~"'-'''''''- ".';"""~'~."""'-"""~-" 11. PUBLIC SAFETY Resolution No. 99-237ÆMS County Grant Application-The Board approved the resolution and authorized the submittal of a grant application to the Health and Rehabilitative Services Office of Emergency Medical Services to expand Pre Hospital Emergency Medical Services in St. Lucie County. 12. COJ\1N1UNITY DEVELOPlv1ENT A. Grant Application- The Board approved the submittal grant application and proposal for the One-Stop Permitting Grant Program of the Florida Department of Management Services, and authorized the Chairman to sign the application. B. Grant Application- The Board approved the submittal of a grant application to the United States Environmental Protection Agency. 13. CENTRAL SERVICES Fleet Management Policy - The Board approved the Fleet Management Vehicle and Equipment Policy. 14. AIRPORT A. Construction Budget Increase/Richard K. Davis Construction Corp. Contract Change- The Board approved the budget increase for $20,000 and a contract change for the replacement of structural purlins on the Jack Frost Building at the St. Lucie County International Airport. B. Budget Resolution No. 99-231- The Board approved the resolution to accept the unanticipated revenue of $2,486.25 for the construction of the potable water line that supplies water to Aircraft Ground Equipment at the St. Lucie County International Airport. C. Equipment Purchase- The Board approved the purchase of a sel-educting foam nozzle ITom Elite Fire Safety Equipment in the amount of$I,036, and the donation of the nozzle to the St. Lucie County Fire District to be used for aircraft fires and improved pilot safety at the St. Lucie County International Airport. C-7B- Resolution No. 99-233- For consideration before the Board was staff recommendation to approve the resolution amending the St. Lucie County Lócal Housing Assistance Plan for Fiscal Years 1998-1999, 1999-2000,2000-2001, State Housing Initiative Partnership program. Com. Bruhn had several questions regarding this request to assist in providing Hurricane Shutters for low income families. The Human Services Manager addressed Com. Bruhn's questions. Com. Bruhn stated there are people who do not participate in this type of a program that cannot afford these shutters and he cannot imagine spending these funds for shutters. The Human Services Manager stated she was asking .f9r approval so that they would have the strategy in place for the very low income families. Com. Bruhn stated he felt that people should take it upon themselves to protect their homes. Com. Barnes questioned how the program would work. -5- ~-:,".,>_.; ~Ú- ." ..~".--"_~~#.:.:",;,,,,~~..:'.. :'.~\ -y:"" :.;.{;-f"::':,._- '-' ...., ~- --.:=',~"::';': -,-;.-' The Human Services Manager stated it would be on él case by case basis and informed the Commissioner that it would be the same strategy used in applying for SHIP funds to build a home or rehabilitate an existing home. .:... Com. Barnes stated he would like more knowledge a's to how this would be implemented before he makes a decision . Com. Lewis commented in favor of this program. Com. Bruhn asked if the income level could be raised so that more people could qualify. The Human Services Manager stated it could be changed to a moderate income level. Com. Bruhn stated he would prefer to see the funds going to rehabilitating existing homes rather than shutters. Com. Coward stated he does support this idea in concept and would like to see the Board move forward with staff recommendation and possibly re-assess this at a later time. It was moved by Com. Barnes, seconded by Com. Cc'vard, to approve staff recommendation; with the understanding that before any mO,ney is spent, the Board receive a walk around and have the Commission give more input on how the funds should be spent; and, upon roll call; the vote was as follows: Nay: Bruhn; Aye's: Hutchinson, Coward, Barnes, Lewis; motion carried by a vote of 4 to 1. 5. ADMINISTRATION (1-1411) Permission to Advertise- For consideration before the Board was the Request For Proposals for a space needs study for the St. Lucie County Court System, or all St. Lucie County Government buildings including the Court System, and that funds be transferred from the General Contingency Fund. The County Administrator gave a history of the last study performed in 1984 and the present options. Com. Hutchinson asked what the result of the previous study indicated. The County Administrator stated the recommendations for the courts and as a result of those recommendations the court was expanded in downtown Ft. Pierce. The Central Services Manager read the previous study's recoffilTIendation as requested by Com. Hutchinson. Com. Hutchinson stated she could not personally agree to this study and this is based on the fact that 15 years ago the money was spent to do this study and it was not taken care of then. She also stated her concerns regarding the many questions which were presented at the Public Safety meeting and asked if they were being included in this study. The County Administrator stated this was to be a space needs study which would not have anything to do with economic impacts. Com. Hutchinson commented on the empty space not being utilized. Com. Barnes stated the study assumes an unlimited amount of money is available and this is not the case. The county does not have funds to build a new courthouse or rebuild a building for the Constitutional Officers. He asked that an efficiency study be done to see if the court system is -6- _-'-_.._._....c---'__ '-' ...., ._ ~,._, r· ',-"-<-- being utilized at it's maximum use level. 'He stated thrre ;vere no more funds available to borrow and long term the only way to build would be to go to 'thê taxpayer for a bond referendum. Com. Barnes stated that he personally agreed with Com. Hutchinsem's. comments. He would rather utilize the money for the study for a short temi fix to help alleviate some of the present problems. Com. Coward concurred with the comments made and asked if s~ff could have the opportunity to respond to the possibility of staffupdatìng the study. The Central Services Manager stated he felt his staff was not capable, due to what it entailed. Com. Coward stated he received a number of phone calls for people in Ft. Pierce who stated that the additional space was not needed which was in direct conflict as to why this whole effort was started. He felt very uncomfortable as to the fundamental question of, do we even need to expand at all, or are there ways to do a better job with the existing buildings. Com. Coward also stated he was not comfortable with spending additional money until more information is obtained to help the Board make those decisions. He questioned the original intent of the St. Lucie West Annex. The Central Services Manager addressed Com. Coward's question. The County Attorney gave the history of the St. Lucie West Annex built by Thomas J. White which became a lease option and then the County purchased the building and land through this option. Com. Bruhn stated he concurred with the balance of the Board and does not see any reason to spend funds on a study. He stated that at the Public Safety meetingit was asked that recommendations and ideas be brought forth by the Court Administrator, etc., he would rather explore other avenues before spending $80,000 for a study. -: Com. Coward reminded the Board that they are not being 'asked to approve a specific amount although $80,000 was the cost of the previous study. What is being asked today is for permission to advertise for request for proposals. He stated it may be wise to let the RFP process go forward without any mandate of finalization, but, to allow the process to go forward which is a timely issue and once an amount is received, and if in the future the Board determines that a study is needed after reviewing the issues, an amount would be available in a timely fashion for the Board to consider. Com. Lewis stated she is not sure that there is a lot of empty space available. She would be very uncomfortable to move ahead with any long term solution that did not address the whole package. Com. Bruhn stated we could not justify a space study if we do not have a space problem. If there is space at the St. Lucie West Annex there we do not have a space problem. We need to tell the Court Administrator to "Make it work" -T. Com. Bruhn stated he does not wish to spend $800,000 to fix the annex or spend any dollar in Ft. Pierce if they can make it work the way it is. -. Com. Lewis suggested possibly going forward with an efficiency study and if the results come back that they are maxed out, then proceed with a space study. Everything that has been done from the 90's until now has been maxed out and she is not saying we cannot make do with what we have, but, she is not comfortable going to an efficiency study and then having multiple studies which she is not in favor of, however, she is in favor of adding the "efficiency" part to the scope. " -7- · ____, H'~-----:"'-' """'.__"~_.J _~,...~ .....-.C·..._...,..:.-."".'....~·~~~·~~:<;.-·'-.,. -.-.. > '-" I~'~~ ~ 1'7-:0- ·1 [í ~:,.._-._>,,,,t~_ ~o'o_o_,__j \. Com. Coward stated that it is of critical concern to him to utilize the space at the St. Lucie West Annex and is inclined to recommend that the RFP process proceed without making a final decision as to whether we will expend these funds or not, but would like to know what the cost will be so it can be taken into consideration. He requested the scope be for not just the court system, but also for the county building in general. Com. Hutchinson addressed the cost of leasing the space at Village Green and asked why the offices are not being moved to the Annex. The County Administrator advised Com. Hutchinson that in speaking with the Tax Collector she felt they would be losing revenues if they moved to St. Lucie West. Com. Hutchinson stated she felt it would be better to relocate them to an existing building as opposed to continue to pay the double price for the leasing of the space. The County Administrator stated he was in the process of re-negotiating the lease. Com. Lewis stated we need to first know what space exists which would accommodate the Tax Collector before we ask them to move. Com. Barnes stated he would also like to hear her comments before that decision is made. Com. Bruhn stated the Board should not be making decisions for the Safety Committee. The Public Safety Committee should be addressing the Board showing what they have come up with and stating what their only alternative would be. It was moved by Com. Barnes, seconded by Com. Coward to have staff to continue to research whether there is a firm with a good reputation and who has proven to save taxpayer money in other areas by suggesting ways to make the court system run more efficiently and also to write a letter to the Court Administrator asking for specific input on this l.·tey; ~,Çi, upon roll call, motion carried unanimously. . 6P+ ~vY.v Com. Coward requested the Board wnte a letter to the ~ourts encouraging her to utilize the St. Lucie West Annex and ask that she consider this option and provide the Board with a response, Aye or Nay. The Board èoncurred. 6. COUNTY ATTORNEY (1-3140) Heathcote Botanical Gardens- For consideration before the Board was staff recommendation to conceptually approve funding 50% of the cost of acquiring the adjacent property not to exceed $90,000 plus closing costs, and direct the County Attorney to begin drafting an interlocal agreement with the City of Ft. Pierce. Com. Barnes asked how the county would be able to limit their liability to the $90,000 plus closing costs. The County Attorney stated that there is a possibility that it can be done and he advised the Board that the trailer park generates around $23,000 a year and this money can be used to offset the relocation costs. Com. Barnes stated he was concerned ifit did not quite meet those projections, he would not want the county to pay for those costs. -8- _~s1I<""'n"_~""""""~"-''''''-'''~'':';;;:!I.'"::':-'''''''''''''':¡;<N........?~~.~~:.2>,..~-::í.~<''';.'-;.':'?":¡YT..r":f·~:~'-~":"·'~"":;-~--;;"'·:~~'·-:-:-'~":~ .,.'" " " J", ..~-:-~.-:-;,,: .'-' f'''--'-''''''-~;: . """" L-J ,>",,";'~~'1. _:_+~";'--='---'. Ms. Gloria Moore, VP Board of Trustees, Heathcote Botàniëal Gardens, addressed the Board on this request. Ms. Moore advised the Board that the price the owner is requesting is $100,000 away from the appraisal, but she feels that it is not worth any more than the appraisal which is $180,000. She could not cöme up with a figure on the' cost for removing the trailers or purchasing them. Com. Coward stated he wanted to see the Gardens expand, but was concerned about the way this was proceeding at this time. He is most uncomfortable with the possible additional costs there may be and the closest answer he has received is, "it is impossible to say". He agrees with Com. Barnes' comments, and asked if there was a way to follow through with his suggestion or to make a set contribution and know that the county does not have additional liabilities he would be much more inclined to support this. The County Administrator advised the Board that the $90,000 would need to come from the Contingency Fund. ~ Com. Lewis questioned if the county owns the property, who would pay for any repairs required at the trailer park if the money was limited to the $90,000. j i ~ 1 The County Attorney stated they would probably need to have a separate agreement and this can be done. ~ ~ ~ ;, ~ ~ ;~ ~ It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the request and direct the County Attorney to draft the necessary documents which would limit the county's liability to $90,000 plus closing costs, period, regardless of what happens in the future; and, upon roll call, motion carried unanimously. ~ 7. PURCHASING (2-2076) Resolution No. 99-234- For consideration before the Board was staff recommendation to approve the resolution amending the St. Lucie County Manual of Purchasing Regulations. =1 ; li 'j ~ Com. Bruhn suggested the bid threshold be left at $10,000 rather than the $25,000 requested. Com. Coward and Com. Hutchinson concurred with Com. Bruhn's suggestion. I I It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 99-234 with the bid threshold remaining at $10,000; and, upon roll call, motion carried unanimously. The County Administrator read a letter from \Vaste Management regarding the pick up problems the county residents have been having. There being no further business to be brought before the Board, the meeting was adjourned at 10:49 a.m. . Chairman Clerk of Circuit Court -9- '-' ~ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA October 5. 1999 CONSENT AGENDA A.I WARRANTS LIST Approve Warrants List No.1 ",. , ~ AGENDA REQUEST ..." ITEM NO. /fA DATE: October 5, 1999 REGULAR [XX] PUBLIC HEARING CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Hidden River Estates Drainage Retrofit Contract for Sale and Purchase Majewski BACKGRO{ThID: See attached memorandum FUNDS AVAIL.: 101003-41134-¡¡61000 -425017 Transportation Trust - Local Option PREVIOUS ACTION: August 10, 1999, the Board accepts staff recommendation to reject the counteroffer of $16,000.00 and renegotiate contract price. RECOMMENDATION: Staff recommends that the Board approve the attached Contract for Sale and Purchase in the amount of $7,000.00, Authorize the Chairman to execute the Contract and direct staff to proceed with closing. [ X] [ ] APPROVED OTHER: DENIED ./ COMMISSION ACTION: ou las Anderson County Administrator xx Originating Dept. f/J: ==r::c-: Review and Approvals xx Mgmt & BUdget"dJ xx Public Works: ~ Purchasing: XX Eng. -i\Ñ. E f ff. xx County Attorney: Finance: (Check for Copy only, if applicable) 5 / 9 6 G, \ACQ\WP\BELINDA \HIDDENRI \MAJEWSKI \Agenda . wpd '-" 'will PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole¡ Property Acquisition Manager DATE: October 5¡ 1999 SUBJECT: Hidden River Estates Drainage Retrofit Contract for Sale and Purchase Majewski The St. Lucie County Engineering Division and the City of Port St. Lucie are participating in a joint venture to help ease a localized flooding problem that exists within the city limits of Port St. Lucie. This area of concern is along Forgal Street near the entrance of the Hidden River Estates subdivision. Flooding in this area creates a safety hazard for the motoring public. The only drainage outfall for the troubled area is through the Hidden River Estates subdivision. Channeling more water through Hidden River Estates is a major concern, as the subdivision also experiences flooding during heavy rainfall events. Hazen and Sawyer¡ P.E., have been contracted to design the proposed plan and to help ease this flooding problem. The proposed plan involves redirecting some of the storm water runoff from the City away from Hidden River Estates. Vacant lots within the city limits are to be used as storm water retention areas. An appraisal was performed by Michael Armbruster of Appraisal Masters, Inc. valued the subject property at $7,000.00. A $7,000.00 offer was made to the owner of the property, Eliz'abeth W. Majewski who countered-offered back with $16,000.00. After the Boards rejection of the counter-offer on August 10, 1999, further negotiations with Ms. Majewski resulted in her acceptance of the $7,000.00 contract offer attached to your agenda package. '-' ...", RECOMMENDATION: Staff recommends that the Board approve the attached Contract for Sale and Purchase with Elizabeth W. Majewski in the amount of $7,000.00, authorize the Chairman to execute the Contract and direct staff to proceed with closing. Respectfully submitted, c <~cJ4k-/ý¿Y- Donald G. Cole Property Acquisition Manager G,\ACQ\WP\BELINDA\HIDDENRI\MAJEWSKI\BOCC Memo.wpd '1:;( · : f s \<-~ E p,'m" ".t. at' ~ i,X .. \0 \...¿\ no., Pd ·l> :-. \\I~ ò UU ll. I ~. ~ . ~ ,vf ~ ...~.ð. ~!\ 00", ~~- \:1111 f- .~ c.. \~ Ltí.I~,lkll __ ~;¢1_/ ,(' _ ~ cg:ç : " -d\ J ~ ~l ~./ 'ç?\ ......... Savanna Blvd ~-u.. ~ . ~ "\ SE ( arn/val Ave \ 'Ç SE Cavern .au. \, '\ --, ~ ~ ~ .ç~le~ ~ tII. SE V nr N.f91(\ ~.." - ~~ m~ ,; \ ~ ~ ~ ~ ..t$ ~~ ~ .\ i""-... !J 1 \ l~m -~~~ g ...~ ( - \ I~ ~ d. 1- \\~.'" ¡o4e 5011 -¡~ 1 ~', S Bonlta\ , -.RJVe1 arl<- '-' 1 L..J AH= ,..~..~.., ~d I '., '<;: ..." ... I au. VI.~I" Trl Rd - Tltlon Rc "'-- - Cii ~ 1 -- .!! ~.~ Iì4f 1 el ~deGf.. r Sf el a -ê \ 0..\ It ~ ,~ \ ~ ( 0' s 1!i .~-' -...,., --,:, I--- ~ G 1'ef \\1\ '{e 'P' " (\ et' ~ ..-r ,¡ef f Sl!- f ~ ¡; ¡.- 5 s~ 'f..e I a Df If ~ III c:: 'tJ Sp e t lJ~ ~e s~ 1'ef s ,oJ Ite '" 1'"r \Jolt I 5~ ..I ~ ~ 1',,0{11 Cii '" s¡S. (; III c:: oq;: ~/~ \- \ Tpor -r <u= ~vw"rk IU' JI¡ ,_ I /... /sE Da(1!, sk Ale ~ :: , / -.:.;r:::. "": ~ I~ '/, ~ ....... ,~ .. '0 ... 7ii: ~ ~ nc¡ ... " ... / ;t Sc / tra8f171 -¡ at AVa ~ Çò- 1;" ...~ ;:\\ .1 f- ~J' :s ~n ~i. ..:n~~ \ '~/ '\ J I I .~l ,." " $ <~ jJ Ø:P i~··" ~ !W ~:'<Æ i~~ .~::?::.~ - .,. . o ml 0.2 0.4 0.6 0.6 MIC.O.O'~ CapyripI 0 19111-1996, _ C«pcnIian..v... iIs suppü.... AU.... ¡acnod. Streets Plus '- '-' ...", I. 17 I. I' '4 la k N ø i ~~, .n -,-." . 1 _.~.... . '. '.'e" 10 .\ ....J"..~ ~ 0 ". Z -'.l.".' T ~~_.-. ~ ,~ T" )C' ..". I"I~ ""-. ,'" , ~. "~=!æ{¡¡æcÇj m ~. ..... < IJ) iNS Z1....NO Zit, TOWN3HIP oM SOUTH. ... PORTION 01" T~""CT 'e 01' " I~ ,P....GI!. 'z é IZ A.C.,tHO .. ""NO )(: 01' . :lea" 11 .p....Ge 114 ) ....-14. COUNTY, I'LORlOAo 'J " , " Þ-a.....,..,v... 1... DÞ-'( c.\yn. ~""Q,tN""""- ?!:LJ:OII........ a..............." 'f"\.o...u:)...... .,."t .. "" 4 -'I(r. _ ....."or. ,...'" ~(' '-' """" PROJECT NAME: Hidden River Estates Drainage Retrofit PARCEL NUMBER: Majewski - Lot 8, BIk 376, PSL 6 CONTRACT FOR SAl,E AND PURCHASE FOR REAL PROPERTY ACQUISITION ONI,Y THIS AGREEMENT made this _day of , 1222, between ELIZABETH W. MAJEWSKI, whose mailing address is 38 Colman Drive, Wolcott, CT 06716 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Seven thousand and noll 00----------------------------------------------------- ($7,000.00) Dollars, determined to be the total of the following: Real Property (Land) and Buildings $7,000.00 Other Improvements upon the Land (described, if any) 1..NLA Personal Property (Described in Schedule "B", if any) 1..NLA Severance Damages 1..NLA Other (describe) 1..NLA ...Hidden River Estates Drainage Retrofit - Majewski Contract 1 '-" ,..." payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fee on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 4S days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be ...Hidden River Estates Drainage Retrofit - Majewski Contract 2 ~ ...", released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEY ANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. I,IENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No-Lien Affidavit as to realty. 6. PRORA TIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before December 1, 1999 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by ...Hidden River Estates Drainage Retrofit - Majewski Contract 3 '-" ...., the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCEI ,I ,ANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. ...Hidden River Estates Drainage Retrofit - Majewski Contract 4 '-" ....., 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments ...Hidden River Estates Drainage Retrofit - Majewski Contract 5 '-' ...." due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of anyone of the SELLERS to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENT A TIONS. (a) Annexed hereto and made a part thereto as Exhibit "C" is a list of all leases, tenancies, and occupancies affecting the rent, expirations, and security deposit if any, with respect to each such tenancy or occupancy, which SELLER warrants and represents is true and correct. There are no other leases, occupancies, or tenancies except as reflected in said Schedule; and none will be agreed to prior to closing without PURCHASER'S consent. True and correct copies of all said leases, if any, have been delivered to PURCHASER; and SELLER warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "C", alterations, installations, and other work required to be performed by the landlord under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now ...Hidden River Estates Drainage Retrofit - Majewski Contract 6 '-" ...", due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the subject property and upon the closing date no such commission shall be due and unpaid. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property other than those set forth in Exhibit "D" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "D" is a valid, bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms-length transaction. True and correct copies of said instruments have been delivered to the PURCHASER, and the SELLER represents that there are not now and will not be at the date of closing, amendments or modifications or any waiver by any party of any of the provisions thereof. (c) Neither SELLER nor the respective tenants nor parties to any of the agreements listed in Exhibits "C" or "D" attached hereto are in default under the terms of said Agreement or instrument. (d) None of the tenants on the premises have been given any concession or consideration for the rental of any space applying to any period after the closing; and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) SELLER warrants and represents that no other agreements concerning employees engaged in the operation and maintenance of the subject property ...Hidden River Estates Drainage Retrofit - Majewski Contract 7 '-" ~ or employment contracts exist, except as set forth in Exhibit "E" attached hereto, copies of which agreements have been delivered to the PURCHASER. (t) Annexed hereto and made a part hereof as Exhibit "F" is a list of all policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to PURCHASER true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (h) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (i) The buildings, parking area, driveways and all other improvements upon the premises are, and at closing shall be, all within the boundary lines of the property as described in the Deed thereof; and there are no encroachments thereof. ü) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been ...Hidden River Estates Drainage Retrofit - Majewski Contract 8 '-" ...", fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENT AI, I,A WS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. ...Hidden River Estates Drainage Retrofit - Majewski Contract 9 ~ ..." 23. CONFLICT OF I,A WS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by PURCHASER this _ day of , 1.2.--. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney ...Hidden River Estates Drainage Retrofit - Majewski Contract 10 '-r' ....,; EXECUTED by SELLER tbis .!l day of ¥' ~ <1 JrLd~ L , ~{J~£ ELIZ TH W. MAJEWS J1t~ r,.,fl Witness as to ElizabeÇ;w. Majewski ...Hidden River Estates Drainage Retrofit - Majewski Contract 11 '-" ." EXHIBIT" A" LEGAL DESCRIPTION Lot 8, of Block 376, of Port St. Lucie Section 6, according to the plat thereof, as recorded in Plat Book 12, Page 36 of the Public Records of St. Lucie County, Florida. ...Hidden River Estates Drainage Retrofit - Majewski Contract 12 '-' EXHIBIT "B" PERSONAL PROPERTY LISTING ...Hidden River Estates Drainage Retrofit - Majewski Contract 13 """" '-'" """" EXHIBIT "C" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES ...Hidden River Estates Drainage Retrofit - Majewski Contract 14 '-" w EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS ...Hidden River Estates Drainage Retrofit - Majewski Contract 15 ~ - ~ ...., EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS ...Hidden River Estates Drainage Retrofit - Majewski Contract 16 '-" EXHIBIT "F" POLICIES OF INSURANCE ...Hidden River Estates Drainage Retrofit - Majewski Contract 17 """" AGENDA REQUEST ITEM NO. '-18 'w' .." DATE: October 5, 1999 REGULAR [XX] PUBLIC HEARING CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SlffiJECT: Hidden River Estates Drainage Retrofit Contract for Sale and Purchase Cucolo BACKGROUND: See attached memorandum FUNDS AVAIL.: 101003-41134-;561000 '-425017 Transportation Trust - Local Option PREVIOUS ACTION: August 10, 1999, the Board accepts staff recommendation to reject the counteroffer of $18,000.00 and renegotiate contract price. RECOMMENDATION: Staff recommends that the Board approve the attached Contract for Sale and Purchase in the amount of $9,000.00, Authorize the Chairman to execute the Contract and direct staff to proceed with closing. [ X ] [ ] APPROVED OTHER: DENIED as Anderson Administrator COMMISSION ACTION: XX County Attorney: Jr ~ Review and Approvals XX Mgmt & Budget o4tfJ XX Public Works: ,~ Purchasing: XXEng'À\Ñ E f f . XX Originating Dept. Finance: (Check for Copy only, if applicable) 5/9 6 G, \ACQ\WP\BELINDA \HIDDENRI \CUCOLO\Agenda. wpd '-" ...,., PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: October 5, 1999 SUBJECT: Hidden River Estates Drainage Retrofit Contract for Sale and Purchase Cucolo The St. Lucie County Engineering Division and the City of Port St. Lucie are participating in a joint venture to help ease a localized flooding problem that exists within the city limits of Port St. Lucie. This area of concern is along Forgal Street near the entrance of the Hidden River Estates subdivision. Flooding in this area creates a safety hazard for the motoring public. The only drainage outfall. for the troubled area is through the Hidden River Estates subdivision. Channeling more water through Hidden River Estates is a major concern, as the subdivision also experiences flooding during heavy rainfall events. Hazen and Sawyer, P.E., have been contracted to design the proposed plan and to help ease this flooding problem. The proposed plan involves redirecting some of the storm water runoff from the City away from Hidden River Estates. Vacant lots within the city limits are to be used as storm water retention areas. An appraisal was performed by Michael Armbruster of Appraisal Masters, Inc. valued the subject property at $9,000.00. A $9,000.00 offer was made to the owners of the property, Frank Cucolo and Patricia Cucolo who countered-offered back with $18,000.00. After the Boards rej ection of the counter-offer on August 10, 1999, further negotiations with the Cucolo's resulted in their acceptance of the $9,000.00 contract offer attached to your agenda package. '-" """" RECOMMENDATION: Staff recommends that the Board approve the attached Contract for Sale and Purchase with Frank Cucolo and patricia Cucolo in the amount of $9,000.00, authorize the Chairman to execute the Contract and direct staff to proceed with closing. Respectfully submitted, r------~ /7 # // /' '--:>-.= ) c~ ."..-y ~ Donald G. Cole Property Acquisition Manager ...", RI1 c;; ... Cb c: 't) ....¡ UJ C/ I I ../ if ,f! ~,t'f klrr ~:~ .t~~ Omi 0.2 0.4 0.6 0.6 1.2 " Ie.. o. 0' 'tII!IiII:!CI'. Streets Plus ~ 0 1_1996. MiavooiI C4rpanIiÐII..v... .. ouppücn. All .... ........t PIp 1 ; '-' ...", .. ~. c~~@ff~~ m ... J.....,.JJ ,N:S 17 AND ZlI. TOWN3MIP oM SOUTH, .... PORTION 0' TRACT'C 01' .. I~ ,PAGf. Ilt'lA.C:.,lNO " AND X; 01' . :!C01( ;) .PAc;l! /34/3 A-H. COuNTY, I'IJJRt~ -.. o t i .n N ~~. _I'L~ .. _.~,...'. ~ o Z 1 T ...J"'.' . . '.'C.t' '0 . -'"...(., II 1& ~/:-- ~.y4'" . '- r ~c ....... '" . It"":" ~ .", þ,.1t..,....,,~ l. OÞ.'( C'''I~ t-...O'IN,.....__ ?!~!.J:O...JIo"¡,, a............ 'F"\..o"o... ...eer . "". ~C" _ 4" Lor. ,...... poetr - '-" """ PROJECT NAME: Hidden River Estates Drainage Retrofit PARCEL NUMBER: Cucolo - Lot 7, Blk 376, PSL 6 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION ONLY THIS AGREEMENT made this _day of , 1m, between FRANK CUCOLO AND PATRICIA CUCOLO, HIS WIFE, whose mailing address is 338 Spindle Hill Road, Wolcott, CT 06716 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Nine thousand and no/1 -00---------------------------------------------------- ($9,000.00) Dollars, determined to be the total of the following: Real Property (Land) and Buildings $9,000.00 Other Improvements upon the Land (described, if any) $..WA Personal Property (Described in Schedule "B", if any) $..WA Severance Damages $..WA Other (describe) $..WA ...Hidden River Estates Drainage Retrofit - Cucolo Contract 1 ....... ...., payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fee on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITI.E. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45. days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be ...Hidden River Estates Drainage Retrofit - Cucolo Contract 2 - ~ ...." released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEY ANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No-Lien Affidavit as to realty. 6. PRORA TIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before December 1, 1999 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by ...Hidden River Estates Drainage Retrofit - Cucolo Contract 3 ... '-" w the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PI, ACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCEI,LANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAUI-,T. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. ...Hidden River Estates Drainage Retrofit - Cucolo Contract 4 ..... ..... ~ ...", 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the· parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments ...Hidden River Estates Drainage Retrofit - Cucolo Contract 5 '-' ...." due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of anyone of the SELLERS to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFRR TO SEI ,I ,. SELLER and PURCHASER recognize, and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SEl,LER'S RRPRRSRNT A TIONS. (a) Annexed hereto and made a part thereto as Exhibit "c" is a list of all leases, tenancies, and occupancies affecting the rent, expirations, and security deposit if any, with respect to each such tenancy or occupancy, which SELLER warrants and represents is true and correct. There are no other leases, occupancies, or tenancies except as reflected in said Schedule; and none will be agreed to prior to closing without PURCHASER'S consent. True and correct copies of all said leases, if any, have been delivered to PURCHASER; and SELLER warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "C", alterations, installations, and other work required to be performed by the landlord under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now ...Hidden River Estates Drainage Retrofit - Cucolo Contract 6 ... ~ ......, due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the subject property and upon the closing date no such commission shall be due and unpaid. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property other than those set forth in Exhibit "D" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "D" is a valid, bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms-length transaction. True and correct copies of said instruments have been delivered to the PURCHASER, and the SELLER represents that there are not now and will not be at the date of closing, amendments or modifications or any waiver by any party of any of the provisions thereof. (c) Neither SELLER nor the respective tenants nor parties to any of the agreements listed in Exhibits "C" or "D" attached hereto are in default under the terms of said Agreement or instrument. (d) None of the tenants on the premises have been given any concession or consideration for the rental of any space applying to any period after the closing; and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) SELLER warrants and represents that no other agreements concerning employees engaged in the operation and maintenance of the subject property ...Hidden River Estates Drainage Retrofit - Cucolo Contract 7 '-" ...., or employment contracts exist, except as set forth in Exhibit "E" attached hereto, copies of which agreements have been delivered to the PURCHASER. (1) Annexed hereto and made a part hereof as Exhibit "F" is a list of all policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to PURCHASER true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (h) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (i) The buildings, parking area, driveways and all other improvements upon the premises are, and at closing shall be, all within the boundary lines of the property as described in the Deed thereof; and there are no encroachments thereof. ü) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been ...Hidden River Estates Drainage Retrofit - Cucolo Contract 8 '-" "'wIll fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL I,A WS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. ...Hidden River Estates Drainage Retrofit - Cucolo Contract 9 '-" ...., 23. CONFLICT OF I,A WS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by PURCHASER this _ day of ,~ ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney ...Hidden River Estates Drainage Retrofit . Cucolo Contract 10 ~ ." EXECUTED by SELLER this -.1!: day of . Jè 1'1' , 12J: 7 /¿~o . ;:;7 =<" ~ U~(l.¿,,-, Witness as to Frank ucolo 9~-~ C~~ PATRICIA CUCOLO Witness as to P ;( ~~./Vj ~ Witness as to Patricia Cucolo ...Hidden River Estates Drainage Retrofit - Cucolo Contract 11 ~ "WIll EXHIBIT" A" LEGAL DESCRIPTION Lot 7, of Block 376, of Port St. Lucie Section 6, according to the plat thereof, as recorded in Plat Book 12, Page 36 of the Public Records of St. Lucie County, Florida. ...Hidden River Estates Drainage Retrofit - Cucolo Contract 12 '-"" EXHIBIT "B" PERSONAL PROPERTY LISTING ...Hidden River Estates Drainage Retrofit - Cucolo Contract 13 """" '-' ""'" EXHIBIT "C" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES ...Hidden River Estates Drainage Retrofit - Cucolo Contract 14 '-'" ....., EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS ...Hidden River Estates Drainage Retrofit - Cucolo Contract 15 ~ """" EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS ...Hidden River Estates Drainage Retrofit - Cucolo Contract 16 '-'" EXHIBIT "F" POLICIES OF INSURANCE ...Hidden River Estates Drainage Retrofit - Cucolo Contract 17 - -- ""'" I . ~ AGENDA REQUEST M:MNO. ~t:. DATE: October 5, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Cultural Affairs Council - Vacancies BACKGROUND: See attached memorandum CA 99-1185. FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners fill one of the vacancies on the Cultural Affairs Council from the list of nominees submitted by the Council. COMMISSION ACTION: NCE: [~APPROVED [] DENIED [~ OTHER: Mary E. Wickard Appointed Mary E. Wickard - 4 votes Louise Pocock - 1 vote (Corom. Coward) / /., Review and Approvals County Attorney: Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable): _ '-" "'WJ1 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-1185 DATE: September 28, 1999 SUBJECT: Cultural Affairs Council - Vacancies BACKGROUND: The Cultural Affairs Council currently has several vacancies. Pursuant to Section 265.32, Florida Statutes, the Council must nominate three (3) persons for each vacancy. Accordingly, tœ Council has nominated the following applicants for the Board of County Commissioners' consideration in filling two of the vacancies: 1. Louise Pocock 2. Jean Ellen Wilson 3. Mary E. Wichard A copy of the application submitted by each of the nominees is attached to this memorandum. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners fill one of the vacancies on tœ Cultural Affairs Council from the list of nominees submitted by the Council. Respectfully submitted, ~ð?- Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Deputy Clerk 1 '-' w May 5, 1998 St. Lucie County Cultural Affairs Council 2300 Virginia Ave. Ft. Pierce, Fla. 34982 Att: Bob Russell I have an interest in serving on your board, as a resident of St. Lucie County I am very interested in the cultural direction the county is taking. I have had a great interest in the historic and cultural affairs of the communities I have lived. Due to the transient nature of my husband work we moved a great deal as you will see by my biography and resume. When we first moved here I worked with the Martin County Cultural Council, then I helped develop the Gift Gardens in Palm City. It had a very short life after four years of development due to lack of community support. Thank you for your interest and if you need further information, don't hesitate to call me. -- ~y~ Louise Pocock 2004 Laurel Oak Ln. Palm City, Fla. 34990 (561)336-1580 LOUISE MURRAY POCOCK '-øÌ4 LAUREL OAK LN. PALM C~. 34990 (561) 336-1580 SELECfED GROUP EXHIBITIONS/JURIED AND INVITATIONAL Art is Everywhere Exhibition Martin County Council for the Arts 1997 Palm City Library Palm City, Florida 1997 Juried Artists Registry Exhibitions Court House Cultural Center, Stuart, Fl. 1996,1994,1993 Rowan College Artists Invitational Glasborough N.J. 1995 Survey by Seven, Invitational Center for the Arts Stuart, Fl. 1994 Juried Arts Fest Exhibition HONORABLE MENTION Martin County Council for the Arts 1992 Artists as Educators Gift Gardens Fine Art Park Palm City, Fl. 1992 Stockton State College Artists Invitational Pomona, N.J. 1992-1990-1988-1984 Keane Mason Gallery Invitational New York, N.Y. 1983 William Paterson College Group Show 1980-1982 Saddle River Cultural Center Group Show 1981-1980 Upper Saddle River, N.J. Ben Shahn Gallery Group Wayne N.J. Fairleigh Dickenson University, Teaneck, N.J. Bergen Community College, Paramus, N.J. SELECTED SOLO EXHIBmONS MEDICINAL HERB'S AND MUSIC OF THE RAMAPO MOUNTAIN PEOPLE RAMAPO, N.J. INSTALLATION BEN SHAHN CENTER FOR THE VISUAL ARTS, WAYNE, N.J. SADDLE RNER CULTURAL CENTER, UPPER SADDLE RIVER, N.J. WAYNE PUBLIC LIBRARY,WAYNE, N.J. UPPER SADDLE RIVER PUBLIC LIBRARY, UPPER SADDLE RIVER, N.J. TEACHING EXPERIENCE / EMPLOYMENT Indian River Community College-Stuart Florida 1994 Gift Gardens Fine Art Park -Palm City, Florida Curator Education Director 1988-1992 Ramapo College-Mahwah, N.J. Director of the Art Galleries 1982-1988 William Paterson College-Wayne, N.J. 1980-1982 Saddle River Valley Cultural Center- Director -Upper Saddle River, N.J. OTHER ART RELATED ACTIVITIES Lectures "Developing Ideas" "Developing Creativity" "Art Appreciation by Application" Illustrator two books of poetry "Two Seasons"1993 and "Milk and Brittle Bones"199I Studied painting and drawing in San Miquell, Mexico at "Bellas Artes Institute" 1992 "Exploring Your Creativity" Lecture for Chautauqua South 1992 JUROR 1997 Family Images-Childrens Services Council of Martin County, Florida 1996 Palm City Arts Associates Palm City, Florida 1994 Martin County Council for the Arts "Arts Fest" Arts and Crafts 1992 Palm City Arts Associates Palm City, Florida 1991 Pre-Juror for Sun Fest of the Palm Beaches, Florida Ms. Pocock graduated Magna Cum Laude from William Paterson College in Wayne, N.J. and received a fellowship from the college in 1982. She is listed in "Who's Who in American Art" "Who's Who in America/South and Southwest"; "Who's Who of American Women"; "Who's Who International and Professional Business Women"; "Who's Who in the World". '-" ...", Loulse Murray Poeoek Ms. Poeoek is a freelaJIee eurator aJld artist liring in Stuart, Florida. Sbe bolds IUI M.A. in paiBtiBg witll e_pbasis is _useIUB studies fro_ WllBlUB PatersoD CoHege is New Jersey, wbere sbe taugbt. Sbe graduated Ma¡fDa Cø.m Laude IUId recelyed a feHowslúp in 1982. Sbe søbseqøeDtly bef!lUBe director of De Art Galleries at lIa.lIIapo CoHege in DortllerD New Jersey. Her eo__lUÚty work ineludes serriBg as a juror for loeal art exblbltJoDS, a pre IJuror for S_ Fest in PahB Beaeb, Fla., exblbltJoD deslper for tile JørJed Arts Fest ErbibitJOD is Stuart, eo-ebalr for tile eultural adrisory eo_eil of tile MartiJI. Co_ty Co_eil for tile Arts, teaebiBg art lústory for tbe IDdilUl BJyer Co__lUÚty CoHege, serriDg OD tile board of De eeDter for tile Arts. De trlUlsle.t Dature of ber busbaJIds business prorided ber witll IUI opportuJÚty to work in _asy art eeDters IUId _uselUBs in tile _ld-west aJld east. Her work Is in priyate IUId eorporate eoHectioDS in 6Mo, Iowa, WlseoDsin, MleMglUI, New Jersey, New York, N. Y IUId Stuart, Florida wbere sbe WOD IUI bODorable _eD.tioD in tbe JørJed Arts Fest ExblbltioD at tbe Court House Cultural eeDter in 1992. Sbe bas mustrated two books of poetry "Mllk IUId Brittle BODes" in 1991lU1.d "Two SeasODS" in 1993. Ms. Poeoek Is listed in five "Wbo's Wbo" inelutlblg "Wbo's Wbo in A_erlelUl. Art. ...... ~ 'W" ..... ----...... .....- '. . '-" ..." ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL QUESTIONAIRE FOR PROSPECTIVE BOARD OF DIRECTORS MEMBERS """ST. LUCIE COUNTY RESIDENCY REQUIRED""" j-e.fT~ S / l-etJ LJ~ LSðN ADDRESS: I fo II S u~1 S/c/~ Df<. , Ff· ft ey¿c. ~ pL 31 C¡ if 1 TELEPHONE NUMBERS:~~/. ft, I. 6 tJ? 0 (HOME}[6/.1 b t. 1;;. 0 [) (WORK) BUSINESS AFFILIATION: 11 e.J;¡:r Hf<.fS CULTURAL AFFILIATION(S): l1e¡t1b~;e, cf..,'-CI9C¡o J}l1-f IAls'¡'·I.rI~ ¡t}&rYÞeþ. !1kdoµ r!s-1f'/J~}4-J . NAME: EXPERTISE/BACKGROUND: (! Ôíl1 ¡t1 (/¡1/i,' (')it) +;O,J - t/¡(/!;'¡Vvtf I e.d,.-!:.v¡ ,q¡¿ +- n ¡'s-fOt< ../ , IE ve µf-' {J /lfrJ ¡V/µ 9 v GtJ ¡/ erul "i eff r<, .d- ""/'-0 ¡/ s /~ Iv U c.. {) It- ìR.s' PLEASE INDICATE ANY OTHER PERTINENT INFORlvIATION: ANY QUESTIONS PLEASE CALL: 462-1441 ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL 2300 Virginia Avenue, Administration Annex Fort Pierce, Florida 34982 DATE RECEIVED: '-" '-' Ol1i- '. Cti.l{j¡;l£</ ót'0..' St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees . ·t· e of St Lucie County's many advisory boards and committees. Thank you for applYing for a pOSI Ion on on .. The minimum requirements for committee membership are: *Must be a County resident b I t d to another committee member County Commissioner or County employee *Must not e rea e , involved with the committee of interest . * Must not be employed by the same business entity as other committee members. * Must not serve on more than 2 County committees .. .'. . . tees have additional requirements, ple~e Inq~lre when submitting this ~þÞ~fcC!7illH~ ÍWß~61T1on, service on commITtees With planning, zoning or natural resources 1 responsibilities may require disclosure of financial interests. Please complete the following information: 1. PLEASE INDICA TE THE COMMITTEE(S) YOU ARE INTERESTED IN, SEE THE REVERSE SIDE 2. NA M E (Ø", h~) !"1örL), ¡:;. Wi < k <i (d PHONE: (.t:lø 0 .¡. liD _ I j,,! 7 3. HOME ADDRESS:Q 0 \ ~t'kk ~\ntvi Q",od . . N,.- \l~Gh"l",\gon ï..~\£I.-v\ ¥OJ-. .3o<.fCf4Q 4. WHICH COMMISSION DISTRICT DO YOU LIVE IN? ~ 5. BUSINESS/OCCUPATION r"ÍJ~L";;'S\ð()a\ e.cAe.~-i(\eÎ 6. BUSINESS ADDRESS: PHONE: 7. BRIEf RESUME Of EDUCA nON & EXPERIENCE:(please attach resume) .e:::L ~~o ¡:;~ "'"''''a:~=~...~i .\3\"-'>\ I( C~¿.~;"'"' E~"" noo\ ...oS ~~he-'1. "V ,:>Qf. J"~,, G~~Q:A ; e \\. - ¡;; Q@\~~'o _ 8. DO YOU CURRENTLY SERVE ON A COUNTY COMMITTEE(S). IF SO, PLEASE LIST: 0 9. WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMITTEE(S) INDICATED?~I hc\'\l<e. C::")O.\~''\S''"c.. \\"\~:C-4~ ey.~~,~'I~I.\£..~. to. WOULD YOU CONSIDER SERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) STA TED ABOVE?(PLEASE SPECIFY) N D 1. COMMENTS: rGNATURE~ f!. ~.ß~ DATE: .tln,I"I'1 PPLICA TION WILL REMAIN EFFECTI~E Fo'R ONE YEAR Submit to:St. Lucie County Administrator's Office 2300 Virginia Ave., Ft. Pierce, FI. 34982 Phone: 462-1453 '-" ..." Betsy Wickard SAG / AITRA dancer / singer 90 1 Jack Island Road N. Hutchinson Island, FL 34949 (561) 460.1797 Height 5' 3" Weight 118 Eyes - Brown Hair - Red Musical Productions => Currently... Backyard Fo//ies - Florida Condo Circuit. => Golden Girls USA - Greg Thompson Productions - Country Tonite Theatre, Branson, Mo.; Harrah's, Laughlin, NY.; New Palace Casino, Biloxi, MS. => SJ1ver Sizzles Revue - Trump Taj Mahal, Atlantic City. => Remembering Hollywood - Trump Taj Mahal, Atlantic City. => The Fabulous Palm Springs FolJi"es - Palm Springs, CA. => Murder At Sea - Discovery Cruise Lines, Miami, FL. => Golden Girls Follies - Greg Thompson Productions, BaIly's Grand Casino, Atlantic City. => Golden Girls on Broadway- Greg Thompson Productions, BaIly's Grand Casino, Atlantic City. => HoIIywood Sweethearts - Jean Ann Ryan Productions, The Crystal Palace, Philadelphia, PA. => Rhapsody In Blue - Jean Ann Ryan Productions, The Crystal Palace, Philadelphia, PA. => Salute to Irving Berlin - Philadelphia Light Opera Company, The Brandywine Theatre, Philadelphia, PA. '-'" 'W Betsy Wickard SAG / AITRA model ~ actress ~ dancer ~ singer Musical Productions: See separate page. Television: Christmas on Division Street - ABC-TV movie. . . photo double of mother of Fred Savage. . . with Hume Cronin. QVC Network - Petite Prospectives . . . model. Bloopers and Practical jokes - Skit with Alex Trebek. Amazing Eyes - model/spokesperson for skincare products with Judy Collins. People Are Talking - Model for Leslie Fay. . . with Debbie Reynolds. Commercials: Revlon CBS Sports Industrial Films: Sun Oil Company Infotron Computer Systems Feature Films: Rocky V Mannequin on the Move Height - 5' 3" Weight - 118 Hair - red Eyes - brown Resorts Casino Sands Casino AT&T Prudential Insurance Print: Fathers and Sons Buddy and Al Story DuPont Infotron Computer Systems American Cancer Society Reagan Memorial Library Runway: New York / Philadelphia Circuit for Macy's, Bloomingdales Bonwit Teller, Strawbridge & Clothier - Trunk Shows for petite divisions of Liz Claiborne, Leslie Fay, Perry Ellis, Chaus, Adrainne Vittadini, Carole Little. Fitting Model: Notches Notations Manufacturing Company _ New York Fashion Coordinator: Informal Restaurant Fashion Shows - Long Beach Island, NJ Former Agents: Rogers & Lerman - New York Reinhard - Philadelphia Theatrical Training: June Taylor School of Dance - New York Actors Training Studio - New York Three of Us Studios - New York Scott Powers Seminar - New York Burt Reynolds Seminar - F10rida Teaching Experience: Public Schools - 7th and 8th grade English Barbizon of Delaware - Instructor: modeling course, adult classes. . . lecturer - schools and organizations Viva Paper Products Wells Fargo Avon Philadelphia Magazine Education: Bachelor of Arts - English '-'" t-3 () () () () () ~ 0 0 0 0 0 0 t-3 § § § § § :Þ' I:I:1 t"I 1--'- 1--'- 1--" 1--'- 1--'- (f) 00 00 00 00 00 .. (f) 00 00 00 00 00 () 1--" 1--'- 1--'- 1--" 1--'- 0 0 0 0 0 0 ::u ::! ::! ::! ::! ::! I:I:1 (1) (1) (1) (1) (1) Ii Ii Ii Ii Ii tJ: ::r: t"I () tJ: AI ~ (1) 0 Ii Ii rt ~ ~ ~ ::! () 1--'- AI ::J (1) ::J 00 Ii ::! 00 1--'- 0.. ::! 00 0 ::! I'cJ t"I 0 0 \ () ~ t-- o 1--'- () 00 ~(1) ~l:I:1ý 1--'- I--' (1) I--'I--'AI 00 (1) ::! o ::! ::! ~:s: \ 1--'- AI --C \ \ \ () Ii ::J"< AI Ii I:I:1 0..' .., (f) ~ tr u_ (1) () rt () ~ I--' rt ~ Ii AI I--' :Þ' H1 H1 AI 1--'- Ii 00 () o ~ ::! () 1--'- I--' '-' ...., VOTING BALLOT SUBJECT: Cultural Affairs Council Louise Pocock 3. Jean Ellen Wilson r-0 Mary E. Wichard / COMMISSIONER'S SIGNATURE: l_~¿' ~ ...", VOTING BALLOT SUBJECT: Cultural Affairs Council Louise Pocock Jean Ellen Wilson Ma E. Wichard COMMISSIONER'S SIGNATURE: .'-'" ...." VOTING BALLOT SUBJECT: Cultural Affairs Council Louise Pocock 'f Jean Ellen Wilson Mary E. Wichard COMMISSIONER'S SIGNATURE: IJ tl-Þ t \.,.f ...", VOTING BALLOT SUBJECT: Cultural Affairs Council Louise Pocock Jean Ellen Wilson Mary E. WicAard j COMMISSIONER'S SIGNATURE: yi".,¿) d~~ -- '-" ..", VOTING BALLOT SUBJECT: Cultural Affairs Council Louise Pocock Jean Ellen Wilson Mary E. Wickard ~ /' COMMISSIONER'S SIGNATURE: ~ / Louise Pocock Jean Ellen Wilson Mary E. Wichard ~ ..., VOTING BALLOT SUBJECT: Cultural Affairs Council COMMISSIONER'S SIGNATURE: ........ AGENDA REQUEST w S- ITEM NO. DATE : 10/05/99 CONSENT [ } REGU".uAR [ 'I ] PUBLIC 3:EARING [ TO: 30A..P.D O~ COU""NTY COMMISSIONERS ?R3SENTED 3Y: Sù~M:·':'·~.::~D BY ::::~::':': :~'e=-st:=e 3e::-.:'"~::~s - ?a--ks M:"ke ~eeë.s De:=art:nent :l9ad. Su=~CT : }1J11er:.è.ec. a..--:è. ?..es~3.-:=¿ ::::.e:-2.c::al ..;'q==eme:~:: ~ec~eat~8n :~c~:~ties Ex:::a.::.;e 3AC:{3R01.JND : ,....~Q.,~~,,,~--~ :::.-....; -~ -.- .:::L"";-~,,,,~r _....._ _-...J~._! __'I"..,. __.....! __..¡,..____ .:i..:'! r. :: a.r: - . . ~n:.e= ~'::=::._ ~s=eement ;er~~~~i=~ :'8 3.. =ec=~at.i=na: :ac:..2.:..::-e5 e-x::::'ar:ge '~n Sep:.e!'!t::Je:- 22, :?9ê. 30~::: :n:.':':.ies ==c=;:1:"== ~he ~eed to ~~=~~ge ~a~~~~~~= =:spcns~bi:i:.~=s :c= :~e =ac~:ities ~~ p=eve~= '~wa=~an~ed dup~~=ac':'c~ G= se~~~ces FUNDS AVAIL: NA p~v~ OUS AC':'!ON: Sep~embe~ 22, :998, 3.0.C.C. app:::::veë. ?ec~eaticnal ?aci:'ities Exc~;:!1"'ge (Pa.=k Swap) REC~MMENDATION: St.a':: =ec::~ds approval 8f Ame!lded and Restated -:lte~loca.:. Agree~~~~ - ?ecreation Faci:'ities Ex::~ange COMMISSION ACT::N: [ X] [ ] APPROVED OTHER: DENI:::: g~ sAnderson Coun~I Administrator Cocrdination/Sianatures ~'c.c.m:y A:1:orney: -~~tiDg Dep~ -~ ~ P:1zaaDc:e: (copi_ CDly): JIgt " 3wigec: ~¡"";-:r: O""~ OCher: - .. . ~:~;~~~ . :--.._, ØF. 11/.". ... - .......- ....,.....--- -.;........ ... ....., - ~ -r- UXJç;- ..., BOARD OF COUNTY COMMISSIONERS LEISURE SERVICES Michael "MiI'íe" Leeds Director MEMORANDUM TO: FM: DA TE: SUBJ: Board of County Commissioners Mike Leeds, Leisure Services Directo~ September 28,1999 Amended and Restated Interlocal Agreement-Recreation Fac. In an effort to continue our successful park swap arrangement with the City of Ft. Pierce, we would like to offer the following statements as clarification of certain issues. The Leisure Services Department will continue to maintain the highest level of parks maintenance standards on all recreational facilities that we are responsible for inclusive of those recreational facilities referenced in the \ Interlocal Agreement between the City of Ft. Pierce and St. Lucie County. With the Board of County Commission's direction and approval, the Leisure Services Department reserves the right to decide what, when, and where or if any capital improvements shall be made by the County at the recreational facilities that are presently or that will be maintained by this department as agreed upon in the Interlocal Agreement -Recreation Facilities Exchange. If you have any additional questions, please feel free to contact me. cc: Doug Anderson, County Administrator Dan McIntyre, County Attorney JOHN D. ßRUHN. District NO.1. DOUG COWARD. District NO.2· PAULA A. LEWIS. District No.3· FMNNIE HUTOfINSON. District No.4· CLIFF ßAI\NES. DistriCT NO.5 County Administrotor . Douglos M. Anderson 2300 Virginia Avenue · Phone (561 ) 462-1515 · TDD (561) 462-1428 Mail: P.O. ßox 760. Fort Pierce. FL 34954-0760 ~ ...", I~~E2-0FFICE ~MC?~~~ ST. LUCIE COUNT:, F~JRIDA FROM: ~::.k€ :';eeds, :';eisure Se::\Ti:::~s ::.rector Co~:n, t-.,,- A:--_~,"Y"ney 1-7/,1'''' ~~nie: S. M::::~tyre, __ _ __ ~ TO: DATE: C-..:ly 28, " 00 C _""'ø"~ CA: 's-5-995 SUBJEC':: k~er.ded and Restated I~te=:8c~: Agreement - Rec=e~~ion ?aci:ities Exchange A~-::ac.:-_eo. :.s a C8PY 8f a let::.er \·;i-::l-. enclosures dated Ju::- 22, 1999 f=am R:::~e=~ V. S:::hwerer, Esq..:ire pe=::.aining to an Ame~deè. and Resta::.ed Ir.::.e=:8cal Agreement be::.weer. ~~e County and the Ci~y of Fort Pierce. ?lease agenda the Ame~deè. and Res::.ated I~::.e=:ocal Agreement far 3aard approval. , 8SM/::v 2C: - ... '-' ~ lIY ~f ~RT ~H R~I OFFICE OF THE CITY ATTORNEY CITY HALL 1 ac NORTH U.S. i P. C. BOX 1480 FORT PIERCE. FLORID,; 34954-1480 TEL. (561) 46G-2208 FAX (561) 46&-5492 July 22, 1999 . - - fi! â) ~ í \.~ I: i ~ l.!; 1!1 _ _~, .1 .,... -- -- ~..:'~' ~ Jl2 é Daniel S. McIntyre. Esquire County Attorney Board of County Commissioners St. Lucie County, Florida 2300 Virginia Avenue 3rd Floor Admin. Ann~x Fort Pierce, FL 34982-5652 ~ ~ - -. - RE: Amended and Restated lnterlocal Agreement - Recreation Facilities Exchange Dear Dan: Your draft of the Amended and Restated Interlocal Agreement pertaining to the exchange of Recreation Fa-..rilities between the County and the City has been reviewed and is acceptable as to form A Sta:ffÍÌ"om both the County and City have apparently met previously to negotiate the swap of maintenance responsibilities for these two (2) parks. I attach for reference a copy of a May 14. 1999 memorandum ÍÌ"orn our Director of Public Works to the City Manager outlining his discussions with the Director St. Lucie County Leisure Services. In an effort to keep the Amended and R~staled lmerlocal Agreem~nt in a form as simple as possible, I am recommending that both the County and City keep a copy of tÌ1Ìs May 14. 1999 memorandum on file as an expression of the parties intent reflecting a more detailed breakdown of responsibilities and what each entity will maintain. We are intending to submit the Agreement to the City Commission for approval at its next regularly scheduled Meeting on August 2, 1999. Multiple signed originals will be forwarded to you thereafter for approval by the County CommissioIl. and for recording in the Public Records. .:. '-' Daniel S. McJ.ntyre, Esquire July 22, 1999 Page: 2 Please Ie: me know ifwe need to discuss any oftbis further. V~7/ '¿ I ", 7/~ Robert V. Sc werer, Esq. Assistant City Attorney RVS:cje enclosures cc: Dennis \\". Beach, City Manager Gary Ferch, Director of Public Works .. ...., '-" ...", BOARD OF COUNTY COMMISSIONERS COUNTY ATTORNEY Daniel S. M: ntyre He~erYoung Ja~s W Loncosre:. Jr. KO:7"~rine Mocl~enz!e--Smirh ASS!STANT COUNTY ATTORNEY ASS!STANT COUNTY ATTOP.NEY ASS:STANT COU"o1Y ATTOP.NEY July 6, 199~ John T. Brennar\, Es:¡uire Fort Pierce Ci:V An::J:ney Post Office Box 1480 Fort Pierce, Fiorida 34954 R;:' Amended and Restated Interlocal Agreement - Recreation Facilities Exchange Dear John: Enclosed is a draft Amended and Restated Imerlocal Agreement penaining to tne exchange of re::reatl:>nal facilities between the County and the City. Please review the draft and provide me witr your comments. .. Sin~~Y' 0~ Danie: S. Mcintyre Cour.:y Attorney DSM/caf Enclosure Cop\, to: COUn1\' Administrator ~e¡sure Services Director f'5) = "" = rí,t r= u=ù ~ ~: :::. ~ t [;, = --------------- JOHN D. [)RUHN D,srr,cr No 1 . DOUG CO\ìiARD. Dlsrr,cr No 2 . PAULA A. LEWIS. D,sr"cr No;) . FRANNIE HUTCHINSON D,sr"cr No ~ . CLIFF [)ARNES Dlsrrlcr No 5 Counry Adm'nlsrraror - Douglas IV. Anderson 2JOO Virginia Avenue · Jrd Floor Admin. Annex · FaIT Pierce FL J4982-5ó52 . Phone C5ó1) 4ó2-1415 FAX (5ó1) 4ó2-1440 · TDD (5ó~) 4ó2-1428 '-"' ..." AMENDED AND RESTATED INTERLOCAL AGREEMENT RECREATION FACILITIES EXCHANGE THIS AMENDED AND RESTATED INTER10CAL AGREEMENT made and entered into this day of , 1999, between CITY OF FORT PIERCE, FLORIDA, hereinafter referred to as the "City" and ST. LUCIE COUNTY, FLORIDA, a pollt1cal subdivision of the State of Florida., hereinafter referred to as the "County". WHEREAS, the City and the County entered into an Interlocal Agreement pertatn1ng to a recreational fac1I1ties exchange on September 22, 1998 which the parties now desire to amend; and, WHEREAS, both the CITY and the COUNTY recognize the need to exchange ma1ntenance responsibilities for the fac1l1ties and thereby prevent unwarranted duplication of services. IN CONSIDERATION OF THE MUTUAL BENEmS RECEIVED BY EACH PARTY, the parties ... hereto mutually agree as follows: 1. COUNTY RESPONSIBILITIES: Effective October 1, 1998, the County agrees to operate and maintain mous Park (13t!J and Avenue M) including all existing park elements, (Le., municipal pool, four (4) basketball courts, restroom fac1I1ties, little league training fac1l1ty, playgroWld equipment, football field with concession stand and press box and parking lots) in accordance with City standards. Effective June 1, 1999, the COWlty agrees to operate and maintain Martin Luther King, Jr./Dreamland Park in accordance with City standards. During G:\atty\agreemnt\interloc\Jþ-A&R-rec fae ex -1- '-" .., the term of this Agreement, the COUNTY may establish and enforce reasonable rnIes and regulations governing the use and hours of operation for this park. 2. CITY RESPONSIBILITIES: Effective October 1, 1998, the CITY agrees to maintaln South Beuh Boa..~ Bandstand Park, County Ll1nry Downtown Branch (grounds) and the Old Fort Site including all existing park elements (i.e. restrooms, boardwalks, landscaping, and parking lots) in accordance with COUNTY standards. Effective June 1, 1999, the CITY agrees to maintain the grounds of Indian River Veterans' Memorial Park in accordance with County standards. During the term of this Agreement, the CITY may establish reasonable rules and regulations governing the use and hours of operation of each of these parks. 3. TERM: The term of this Agreement shall be indeflnlte. ThIs Agreement shall renew automatically each year unless written notice is furnished by either party to the other of its intent to terminate this Agreement, such notice to be furnished a m1n1mum of nine (9) months prior to October 1, of any year. A 4. NO DISGRIMlNATION: Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or marital status, in the use of facilities pursuant to the Agreement. 5. COMPLETE UNDEHSTANDING: The Agreement contains a complete Wlderstanding of the parties hereto, notwithstanding any previous written or oral understandings between the parties on the same subject. G:\atty\agn:emnt\interìoe\fp-A&R-ree fae ex -2- '-' 'fI1IIJI1 6. NOTICES: Any notice, payment, demand, or communication required or permitted to be given by aIIy provision of this Agreement shall be in writing and shall be deemed to have been delivered and given for all purposes, whether or not the same is actually received, if sent by registered or certtlied mall, postage and charges prepaid, and addressed to the parties at the folloWing addresses: As to Cit\: With a CODY to: Fort Pierce CitY Manager Post Office Box 1480 Fort Pierce, Florida 34954 Fort Pierce City Attorney Post Office Box 1480 Fort Pierce, Florida 34954 As to Countv: With a COPy to: St Lucie County Adm1n1strator 2300 Virginia Avenue Fort Pierce, Florida 34982 8t Lucie County Attorney 2300 Virg1.n1a Avenue Fort Pierce, florida 34982 or to such other address as the parties may from time to time specify by writing. Any such notice may at any time be waived by the person entitled to receipt of such notice. .. 7. AMENDMENTS: No amendment, modification, or waiver of this Agreement, or any part hereof, shall be vaI1d or effective Wlless in writing and signed, and no waiver of any breach or condition of this ~crreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of I1.ke or different nature. 8. FURTHER DOCUMENTS: Each of the parties hereto hereby agree that they w1ll execute and deliver such further instruments and do such further acts and things as may be necessary or desirable to carry out the purposes of tlùs Agreement. G:\atty\agrc::emnt\interloe\fp-A&R-ree fae ex -3- '-' ..., 9. ~CTlONS·CAPTIONS; Sections and other captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, deflne or Iim1t the scope, extent of intent of this Agreement or any provision hereof. 10. SEVERABILITY: Each proVision of this Agreement is Intended to be severable. If any tenn or proVision hereof 15 Illegal or lnvalld for any reason whatsoever, such illegib1I1ty or invalidity shall not effect the validity of the remainder of this Agreement 11. GOVERNING LAW: This Agreement and the rights of the Parties shall be governed by and construed or enforced In accordance with the laws of the State of florida. 12. FILING: EFFECTIVE DATE: This Agreement shall be filed with the Clerk of the Circuit Court of St Lucie County, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be signed in their respective names by their proper officials and under their official seals this day ,1999. of A ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairm311 APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\atty\agreemnt\interloc\fp-A&R-rec fac ex -4- ATrESTS: BY: '-" Clerk .. G:\atty\agreemnt\interloc\íþ-A&R-rec fac ex ...., CITY or FORT PIERCE BY: Mayor APPROVED AS TO FORM AND CORRECTNESS BY: CIty Attorney -5- CITY OF FORT ÞrERCE - PUBLIC WORKs-bEPARTMENT MEMORANDUM TO: FROM: City Manager, Dennis W. Beach Director of Public Works, Gary M. Ferch (,'r'\~ .. . SUBJECT: Park Swap· Phase II DATE: May 14, 1999 We have just finished negotiations on two (2) park swaps with St. Lucie County Leisure Services. The two parks in question are Martin Luther King, Jr./Dreamland Park, now under City maintenance, and Indian River Veteran's Memorial Park, now under County maintenance. Martin Luther King, Jr ./Dreamland Park would be transferred to St Lucie County for better utilization of recreation needs in our community. The City of Ft. Pierce would acquire jurisdiction for maintenance only over Indian River Veterans Memoria/ Park. In our conversations with Jack Doughney, Director 5t Lucie County Leisure Services, he had indicated the requests far M~rtin Luth~r Kiflg, Jrj~roJmland Park to be lit for recreational nighttime organized sporting events, Le. football practice. soccer, and little league. This would be the optimum use for this park as it is 16.5 acres and consists of eleven little league practice fields. The following is a breakdown of responsibilities and what entity would maintain them: Martin Luther King, Jr.lDreamland County responsibilities: Indian River Veteran's Memorial Park City's responsibilities: · Mowing · Landscaping · Tree Trimming · Fertilizer · Litter Control & Trash Removal · Restrooms & Courts · Ballfield Maintenance · Ballfield Renovation · Irrigation · Shelters & Playground equipment · Mowing · Landscape Maintenance · Tree Trimming · Fertilizing · Litter Control & Trash Removal · Restrooms " Clean & Paint Fountain · Pressure Clean Boat Ramp · Also includes landscape maintenance at Ft Pierce Yacht Club The cost difference in maintaining the above two (2) parks is quite ç:omparable, as Indian River Veteran's Memorial Park is a total of $55,347.28 and Martin Luther King, Jr.lDreamland Park is a total of $54,066.32 a difference of $1,280.96. The only change in this agreement versus Phase I Park Swap is that the County would continue to maintain the recreation facilities at Indian River Veteran's Memorial Park which includes: · Community Center · Amphitheàter · Shuffle Board Courts 1 ~ ...., City Manager, Dennis W. Beach Memo: Park Swap Phase II May 14, 1999 Page 2 of 2 In closing, I personally feel the above swaps to be in the best interest of the community and its residents as now Martin Luther King, Jr ./Dream Jane Parr would be used for recreational uses as with its proximity to Elks Field (Field of Dreams) or, S 25th St & Delaware Ave is usee for organized sporting events. In turn, for the City 0: Ft Pierce, to acquire maintenance responsibilities of Inåian River Veteran's Memorial Pari: would now give the City of Ft Pierce responsibilities for green landscaped areas in the entire a~wntown area. If you agree with our opinions, please forward to Assista:"l~ City Attorney, Rob Schwerer fo:- the procurement of an Interlocal Agreement in the same fashi~n as Phase I Park Swap. Thank you for your consideration in this matter. GMF/mm Attachment cc: Director of St Lucie County Leisure Services Director of Planning Deputy Director Parks & Grounds Supervisor Facilities Maintenance Supervisor ~ ~ ...., ST LUCIE COUNTY & CITY OF FOR~ ?:ERCE PARK SWAP Þ:o::-i123. , 000 ---"-'" SERVICES PERFORMED # OF S~v'": ::INGS ANNUAL COST i : I I Mowing 41- =:2, 26 $~5,508.98 i .~ , i , I I , Maintenance : Landscape 42, , ,,. ~2 $24,317.84 -, -~, i i I I Tree T=imming I 1 $ 4,518.20 I; I Fertilizing I :2 I $ 1, 612 . 52 II Li tte::- I Con t=o 1 Trash Removal ::"04 $ 7,502.40 , I ! I Res t::-ooans I , :04 $ 738.30 i I I: I Paint FOU.:ltain ... - $ 836.88 Ii I Clean & .:. , - I P::-es S1.:::-e Clear. Boat Ramp 4 $ 312 . :16 ¡ I I I, I TOTAL : I I $55,347.28 Ii INDIAN RIVER VETERAN'S MEM:)RIAL PARK h; \ wp \ i:::vmp - '-" ...", :l.":ìIAN RIVER VETERAN' S ME!!~R:tAL PARK SERVICE PERFOP~ COST ?R NUMBER SERVICES ANNUAL COST SZRv~:E Mowing: (grounds, h~:~, :oun~ain) Hours pr vis~= :2.0, 2.0,1.0) (2) opera~ors @ 2:4.67 & $13.51 (1) employee @ 27.75 pr hour (2) mowers @ S2.00 pr hour (1) ~::-uck @ $5. C: pr hour (1) t::-uck & t=a~:er @ $6.00 pr Small tools @ $1.00 pr hour $369.26 Avg 42 (~2,52,26) $lS,S08.9E pr h........'...... '-"-- hour Landsca':)e Ma:":lte~ance: (042,1,:'2,12) $24,317.84 (water,mulch,~e¿?es,herbicide) Hours per v~s~t ::2.0 wk, 40.0, 40.0,:2.:; (1) operator @ 215.50 (4) employees @ 214.67, $13.51, $13.::, 27.75 pr hour (watering 1, mu:=~ 4, hedges 2, herb~ci¿e 1) (2) t::-ucks @ $5.00 pr hour (1) flatbed @ $7.00 pr hour (1) u~i~ity car= with sprayer @ $3.0C pr ~our Small tools @ $:.00 pr hour C~emicals $528.C8 Mulch 100 yds @ S1~.00 pr yd ... ~=ee T::-imminc:-: $4, 5:S. 2 0 Hours per v~sit ::6 hrs (2) operators @ 210.42 & $10.03 pr ho~r (1) t::-uck & C~l~?er @ $18.00 pr hour Small tools @ $1.00 pr hr , ... $ 4,518.20 Fe~~:'li=inq: Hours per visit ::.0 (2) operators @ S15.50 & $14.16 pr hour (2) employees @ $:3.51 & $7.75 pr hour (1) t::-uck @ $5.00 pr hour (1) flatbed truck @ $7.00 pr hour (1) tractor with spreader @ $9.00 pr hour $ 80E .26 2 $ 1,612.52 Fertilizer $918.40 - ... -.., '-' .., Litter & Trash Removal: $ 72.~3 Hours per visit (2.0 & .50) (2) employees @ $15.50 & $14.16 per h~u= (2) employees @ $13.51 & $7.75 per ho~ (1) truck @ $5.00 Der hour - . (1) fla~~ed truck @ $7.00 per hour Supplies $134.00 RestrooIns: Hours per visit .50 (1) employee @ $7.73 pr ho~r (1) truck @ $5.00 Der hour Supplies $76.34 $ ";'.o~ Clean & Paint Founta~ns: Hours per visit 8.0 & 8.0 (2) employees @ $13.12 & $7.75 pr hour (1) truck @ $5.00 pr hour Small tools @ $1.00 pr hour (10) ga:s gas @ $2.00 pr gal Paint $200 Pressure Clean Boat Ramp: Hours per visit 4.0 (1) employee @ $13.51 pr hour (1) truck @ $5.00 per hour Small teols @ $1.00 p~ hou= $ 78.04 ~ .,.,,....,,... ~ . _\wI_~. 104 $ 7,502.4C 104 $ 2,1 $ 4 73S.3C 836 .88 $ 3 ~2 .16 $55.347.28 rIlY ~f "~~l PItRrí to~¡dCl '-' ..., S\JN~ ~ \ " ~'~ ~Ä'~~ ~ C,,.-< PUBLIC WORKS DEPARTM:NT P.o. BOX 1480 / FORi PIERCE, FLORIDA 349~ DREAMLAND PARK SERVICES PERFORMED NUMBER OF SERVICINGS ANNUAL COST MOWING 27 LANDSCAPING 16 TREE TRIMMING 2 FERTILIZER 3 LITTER CONTROL & TRASH REMOVAL 356 RESTROOMS AND COURTS 260 BALLFIELD MAINTENANCE 24 BALLFIELD RENOVATION 1 IRRIGATION 96 1 TOTAL ¡ / $10,800.00 $ 8.248.32 $ 3.200.00 $ 3.156.00 $ 9,940.00 $ 3,770.00 $ 3,552.00 $ 8,040.00 $ 3,360.00 $54.066.32 #. ----- ~._-~._.. - ~.- 09/30/99 ~ ST~CIE COUNTY - BOARD ~ . .', PAGE 1 FZABYARR YARRANT LIST #52- 25-SEP-1999 TO 30-SEP-1999 FUND SUMMARY r-~"~:'::;;:-::;, ) FUND TITLE EXPENSES PAYROLL 001 General Fund 172,258.84 253,203.73 001115 FTA-001-49 USC Section 5307 97/98 2,566.00 0.00 001120 Community Services Block Gmt 98/99 747.12 0.00 001123 FEMA/DCA-Local Hazard Mitigation 27,370.00 0.00 001126 Section 112/MPO/FHYA Planning 99/00 1,977.32 4,252.52 001235 TDC Planning Grant 98/99 0.00 699.43 001236 TDC Non-Sponsored Trip Grant 98/99 19,008.00 0.00 001241 Ft. Pierce Inlet Boat Launch Area 7,093.00 0.00 101 Transportation Trust Fund 105,541.39 97,431.89 101002 Transportation Trust/80% Constitut 4,404.00 0.00 101003 Transportation Trust/Local Option 1,150.00 0.00 101006 Transportation Trust/Impact Fees 2,417.50 0.00 102 Unincorporated Services Fund 4,813.87 34,364.33 102001 Drainage Maintenance MSTU 28.10 3,114.72 105 Library Special Grants Fund 12,002.11 1,312.57 105201 Momingside Lib Technology grant 200,000.00 0.00 107 Fine & Forfeiture Fund 74,292.47 81,390.92 107801 Law Enforcement Patrol & Rescue Ves 31,819.00 0.00 140 Port & Airport Fund 8,221.52 8,029.43 160 Plan Maintenance RAD Fund 1,597.93 3,640.64 170 Court Facilities Fund 477 . 50 0.00 182 Environmental Land Acquisition Fund 150.34- 0.00 183 Ct Administrator-19th Judicial Cir 412.00 5,309.39 183001 Ct Administrator-Arbitration/Mediat 68.71 1,716.80 183004 Ct Admin.- Teen Court 19.60 2,116.08 183207 Court Transcribing Costs 98/99 828.00 0.00 184202 Ft Pierce Inlet Hgmt Implementation 736.77 0.00 184802 FIND-Spur Jetty 368.37 0.00 185203 FHFA-SHIP 98/99 46,118.21 0.00 186 Recycling Operating Fund 296.54 1,468.16 186202 DEP-Recycling & Education 98/99 16,519.65 489.38 215 5-Yr Bldg Bond Anticipat.I&S Fund 1,889,042.50 0.00 282 Environmental Land I&S Fund 1,315,739.18 0.00 304 Communication System Fund 550.00 0.00 310002 Impact Fees-Parks 2,596.29 0.00 315 Coun ty Building Fund 14,975.00 0.00 316 County Capital 7,088.97 0.00 316001 Transportation Capital 2,695.00 0.00 337 Lost Tree Estates Capital Fund 500.00 0.00 339 Timberlake Estates MSBU Capital 4,500.00 0.00 382 Environmental Land Capital Fund 94.42 0.00 401 Sanitary Landfill Fund 147,072.66 23,638.95 418 Golf Course Fund 31,714.03 16,990.08 421 H.E.Y. Utilities Fund 5,017 .87 469.16 441 North Hutchinson Island Utilities 346,154.65 3,291.18 451 S. Hutchinson Utilities Fund 69,445.49 3,173.34 461 Sports Complex Fund 4,409.36 7,226.69 471 Holiday Pines Utilities Fund 83,373.52 0.00 09/30/99 '~ ST~CIE COUNTY - BOARD ...", PAGE 2 FZABVARR VARRANT LIST 152- 25-SEP-1999 TO 30-SEP-1999 ~ FUND SUMMARY FUND TITLE . > EXPENSES PAYROLL 491 Building Code Fund 278.56 14,392.38 501 Automated Services Fund 56,897.29 63,976.96 505 Health Insurance Fund 14,374.14 0.00 505001 Property/Casualty Insurance Fund 970.00 0.00 510 Service Garage Fund 53,925.42 8,892.70 611 Tourist Development Trust-Adv Fund 1,642.37 3,123.93 615 Impact Fees Fund 119,997.33 0.00 625 Law Library 2,926.54 0.00 802 Utility Administration Fund 198.00 0.00 GRAND TOTAL: 4,919,181.77 643,715.36 ?~Y;L~, I þ:"'~~'''! "-. 09/30/99 5T T .uCIE COUNTY - BOARD """'" '-' VOID LI5T# 52- 25-5EP-1999 TO 30-5EP-1999 ,.' .... ""~ FZAÐVARR FUND: 185203- FHFA-SHIP 98/99 ,:...-....... CHECK TOTAL 14,642.98 14,642.98 INVOICE VENDOR 00248137 99036056 First American Title Company FUND TOTAL: 1 -.-;..~....'- PAGE 1 10/04/99 S~UCIE COUNTY - BOARD ""'" PAGE 1 .;-) FZABVARR VARRANT LIST I 1- 01-OCT-1999 TO 01-OCT-1999 FUND SUMMARY ~.;.: ,'/,-.::;J FUND TITLE EXPENSES PAYROLL 001 General Fund 1,159,630.84 0.00 101 Transportation Trust Fund 1,355.00 0.00 102 Unincorporated Services Fund 1,386.00 0.00 107 Fine & Forfeiture Fund 2,984,709. 11 0.00 185203 FHFA-SHIP 98/99 22,500.00 0.00 ~ 421 H.E.V. Utilities Fund 35.38 0.00 441 North Hutchinson Island Utilities 328.71 0.00 451 S. Hutchinson Utilities Fund 234.26 0.00 491 Building Code Fund 282.00 0.00 501 Automated Services Fund 435.00 0.00 505 Health Insurance Fund 396.00 0.00 611 Tourist Development Trust-Adv Fund 25.00 0.00 625 Law Library 2,544.22 0.00 GRAND TOTAL: 4,173,861.52 0.00 ~.., ;R ç~" '" -1 ~._~,' .~ ....... AGENDA REQUEST ...., ITEM NO. C-2-A DATE: October 5,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: Permission to purchase equipment at auction. CHARLES BICHT BACKGROUND: In past years the county has obtained equipment at auction. Staff is requesting permission for the Purchasing Manager to attend the various auctions throughout the state and the state and federal surplus depots to obtain the equipment. All travel will be approved by the County Administrator. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval forthe request to purchase approved equipment at auction or surplus depot for up to the amount approved in the budget. COMMISSION ACTION: County Attomey:(X) .J:r ~ ~] APPROVED [] DENIED [ ] OTHER: Purchasing Mgr.:(X) e/ß Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H,\WP\AGENDAS\OTHER\auction request.wpd ~ , '-' AGENDA REQUEST JM NO. C-2-B DATE: October 5, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: Authorization for additional Y2K funding CHARLES BICHT BACKGROUND: On April 27 , 1999 the Board approved $169,600 for hardware and software necessary to bring the Banner system and the Kronos time clock system into Y2K compliance. On August 17, 199& an additional $63,100 was approved for the Libraries, Emergency Operations Center and Kronos Time Clock System. On September 28, 1999 an additional $42,215.26 is needed for the Automated Services Help Desk, Library Sun Computer System and Finance Department. This request is for software and hardware at the courthouse for the Clerk of Courts ($23,742.05), software for the firewall for the county Web server ($32,422)and additional expenses for the new golf course computer system ($1,630). Total $57,794.05 (See attached) Attached is a spreadsheet detailing the appropriations and encumbrances to date. FUNDS AVAIL.: 001-9910-599330-800 General Fund-Contingency & Reserve-Project Reserve Balance in account $125.084.74 Y2K Project Reserve PREVIOUS ACTION: Establish Y2K Reserve $400,000 April 27, 1999 approve $169,600 August 17,1999 approve $63,100 September 28, 1999 approve $42,215.26 RECOMMENDATION: Staff recommends the Board of County Commissioners approve the transfer of funds and acquisition of equipment and services as requested. [xl APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: """"~ .-",,(.) ~ J Automated Services:(X) ,.. . --. J Finance: (Check for Copy only, if Applicable)_XX_ Other. Purchasing Mgr.:(X)~ Other. Eff. 1/97 H,\WP\AGENDAS\OTHER\Y2K funding 4.wpd 'w' INTERNAL ~ REQUISITION AUTHORIZATION For W.-.houae Orderl and Other Quotatlona REQUISITION (\ I 1 ^ ~ . ~ .;y) I J:10ú'Ò ~. _ç ¡"rv-æö NUMBER DEPARTMENT:.rU-t{)mQ~ - <\L,I_ FUND.__._ ~ REQUISITION DATE DELIVER TO: S.\-a\ e (Qr\~Qtá =\\:~.) 009-00-1 ~y 1 "', ~.) -1 -v REMARKS: VENDORS: NUMBER " NUMBER 112 NUMBER NAME ADDRESS NAME ADDRESS NAME ADDRESS SOLE SOURCE EMERGENCY ~CHA8E VENDOR t2 UNIT PRICE VENDOR " UNIT PRICE TOTAL PRlcr PRICES ESTABLISHED BY: VENDOR TOTALS .3 '2 ., 3;N~:- VENDOR REPRESENTATIVE ., '2 .. ~ REQUESTING PERSON DEPARTMENT HEAD OR AUTHORIZED PERSON ~ug-ll~9 02:42P IKON ~,chnology Service '-' 954 7)7 5050 P.03 "wi I~Q~I~ions ~ Technology Services 5301 N.W. 35th TllTlc. Ft. uucårdaJe. FL. 33m Account Manager: Abby K'nnedy Voice: (800) 886-6607 ext.228 Fax: (954) 717-5050 Software Licensing Specialist: Amy Braun Voice: (800) 326-1082, ex!. 319 Fax: (813) 261-2500 E-Mail: albraun@ikon.ccm BUJ To: Ship To : st. Lucie Cty Automated S'ýcs. Attn: Dave Johnson 2300 Virginia Avenue Fort Pierce, FL 34982 (561}462-1751 (561}462-1443 fax E-Mail: scotts@stlucieco.gov S1. Lucie Cty Automated Svcs. Attn: Cathy Ald/'1izer 2300 Virginia Avenue Fort Pierce, FL 34982 (561 )462-1493 (561 )462-1700 fax Customer #10503 Quote Number: SLAS-MLAR-05259 . . PJllr . . EX1E:'\DED. ºII \C'UHEl{ . 1)/:\'CIU1~Tl{):V . PHIlT J'Rlct:- Novell Stale Contract ,'Vumber 252-00fJ-00-1 I 1300 1300 8&6-015761-001 LlC-005222-00 I M"-IT-004&07-00] BorderManager Enterprise Edition 3.5 Soft-n.are Master 128 bit BorderManager Enterprise Edition 3.5 Node License BoroerManager Enterprise Edition 3.5 Node MaintenDJ1ce from September I J 999 through June 30 2000 Free $24.94 $7.25 Free) $32.422.00\ S9,425.00 Total Investment S41,847.00 When Inquiring about this quote or purcha!Jing product from It plNSQ f'QfQrence quote number: SLA S-MLAR..oS0599 Pricing is subject to change as per the pllblica:ion of manufacturers state contract price lists. A Government MLA Membership Form must be completed before order can be placed. Please send original signed Membership Form to Amy Braurv1KON ïechnology Serlices. 5050 W Lemon Street. Tampa. FL 33607. Note: V\11en fifiing out the Membership Form, please use the ·Bill To· address stated on this Quotation. Our Mission is to be dedicated to QuafiJy, InJegrity and OlfT Customers' Success! Visit us at http://www.l41aldec.com Page / Qj I Confidential. 811//99 SLAS-MLAR-05259 I ¢~arl~~, ~jcht - 'GK (~ourt~olJ~e ..,c.... n~""''"c¡'' '··'·'---"·"'S'"w·^<-- C.,E~g,eJ I '-' ....., From: To: Date: Subject: William Martin Charles Bicht Mon, Sep 27,199911 :38 AM Y2K Courthouse Charlie, I had a meeting with JoAnne Holman, Martha, Tanya, Randy and myself over at the courthouse concerning Y2k issues. There were several items found that were in need of compliance. Progress - this is the courts primary database, Nt servers - these run the progress databases and several individual databases running File Express. The following is a cost breakdown. Progress Progress workgroup RDBMS V8.3B 25 users Maintenance 4375.00 700.00 Progress Client Network V8.3B 25 Users Maintenance 2875.00 460.00 Progress Provision 1 user V8.3B Maintenance 3980.00 636.80 Workgroup Documentation Client Documentation Provision Documentation 225.00 100.00 550.00 Progress Client Network V7.3B 10 User Maintenance 1400.00 224.00 Progress 4GL Development System V7.3B 1 User Maintenance 2780.00 444.80 ---------------- 18,750.60 Accounts Receivable to replace old fox pro sys, 2500.00 this is a progress front end. This will integrate both systems. NT Servers - we are upgrading two servers with this hardware. 2 - Pent II 333 CPU 360.00 2 - Ram 256 Mb 420.00 3 - 10Gb IDE Hard Drives 450.00 1 - Conner CTD8000 418Gb Tape Drive 570.00 1 - Pent II Mother Board 120.00 2 - IDE Hard Drives 240.00 2 - Ram 64 Mb 170.00 ------------- 2330.00 Access Database 1 - Access97 License 1 - Access97 disc 148.14 13.31 ----------- 161.45 --------- --------- $23,742.05 J Harvey<Lincol~- GOLF COURSE COMP\.:ERS .."J Page 11 From: To: Date: Subject: Pam Newman Harvey Lincoln Wed, Sep 29, 1999 3:09 PM GOLF COURSE COMPUTERS HI: THANK YOU SO MUCH FOR YOUR HELP. TRAVEL EXPENSES FOR GMS REPRESENTATIVElTRAINER - APPROXIMATELY $980 VERI PHONE COST APPROXIMATELY - $650 PRINTER PROBLEM RESOLVED!!! WE WILL BE UP AND RUNNING BY THE END OF THE WEEK. THANK YOU AGAIN. '-" ...", 0 00 ..... 0 0 0 0 0 000 .,.. I- 0 00 M 0 0 0 C! 0 000 M Z c:i c:ic:i CIÒ c:i Lri c:i 00 c:i ..q:Lric:i Q 0 ..... 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I/) 0 Q):cl/)~ Q):c~1/) oo~ 00 ~ 0 IEroeo IErooe <C 02c..en 02enc.. 0>0>0)0> 0>0>0>0> ~............... ............... ..... 0)0>0)0> 0>0>0)0> ..- ..- ..- ..- ..- ..- ..- ..- I , , , , I , , .....000 .....000 =It 0000 0000 IDOOO 10000 I- .....-q-.....oo .....-q-oo..... Il)<DM<D ID<DCDM Z 1D1D1l)1D 1D1D1D1l) , , , , I , , , ::J 0000 0000 0 0000 0000 0)0>0)0> 0>0>0>0> 0 ..... ....."..... ..... ..- ..... ..... ..... I I I I I , , , 0 ..- ..- ..- ..... ..... ..- ..... ..- 0000 0000 <C 0000 0000 0> 0> 0) 0) -- -- <D ..... W C:! 0 -- I- ID 0) <C ...I 0 ...10 l- I- e ...I ...I · r '-" AGENDA REQUEST ...., ITEM NO. C-2-C DATE: October 5,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: RFP #99-075 - Paging Service for St. Lucie County CHARLES BICHT BACKGROUND: On September 1, 1999 responses were received for RFP #99-075 Paging services for St. Lucie County. Ninety Six vendors were notified, four sets of RFP documents were distributed and three responses were received. The selection committee met on September 21, 1999. (Minutes attached) Recommendation to rank the proposals in the following order: 1. Dave's Communications 2. Arch Paging 3. Nelson's Engineering Services FUNDS AVAIL.: Pocket Paging Service in the department operating budgets PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approving the recommendation from the selection committee, approve Dave's Communications proposal and authorize the chairman to sign the contract as prepared by the County Attorney. pq APPROVED [] DENIED [ ] OTHER: NCE: COMMISSION ACTION: --' County Attomey:(X) ~I , ' I ",1/ Purchasing Mgr.:(X) l/i? Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eff. 1/97 H:\WP\AGENDAS\BIDS\99-075 award.wpd ~ 00. ~ ~ z o~ ~~ ~oo.~ ~~~ ~~z 0°0 UUE: ~~-< ~~~ U~~ þ~= ~o-< ~U~ 00. ~ .~ o~ ~ ~ == ~ ~ ~ z ~ o u ~ ~ u ~ ~ ~~ oo.z~ ~~~ o~= ~~9: OO<~ ~~@ U~e\ >~~ ~~~ ~z~ 1rJ~~e\ t'---0000.= ~~<~ ~z=~ :;t:~uz ~~~~ ~-<;;;J~ ~~~o .. ~ ~ ~ ~ E-I o E-I Q ~ ~ o ~ 00 = 00 ~ o ~ ~ > ~ ~ ~ ~ ~ o ~ S E-I ...", ~ lu oo~ Zoo O~ ~z E-I; <~ ~~ ~~ ~~~ ~o~ "urt1 ~ooZ ... 0 =~oo u>~ ~<Q~Z < ~ ~~~ ~ M '-" ...", ~ ST. LUCIE COUNTY BOCC PAGER SELECTION COMMITTEE MEETING SEPTEMBER 21, 1999 Members Present: Jack Southard-Director of Public safety, Don McLam-Leisure Services Project Manager, Charlie Bicht-Purchasing Manager, Ruth Totton-Senior Buyer, Melissa Rusignuolo- Purchasing Admin. Secretary, (Phil Freeland-Asst. County Administrator was not present) Meeting was called to order at 10:05am. Mr. Southard mentioned that he has always had a problem with Dave's Communications. He has dealt with them since 1988 and has good relations with them, but he constantly has problems with receiving pages when out of the local area and he has statewide paging. He misses 911 and fire department calls. Ms. Totton asked what specific problems did he have. Mr. Southard responded saying that sometimes the destination codes get mixed up, sometimes they forget to switch it over. He even has problems in Fort Pierce as times. Mr. Bicht pointed out the fact that even Arch Paging's Map showed some holes in coverage. Mr. Southard realized this but they are mainly in remote agricultural areas. Ms. Totton asked if Dave's has been able to resolve the problems. He said they do fix the problem, but its after he gets back in town. Mr. Bicht wondered if he might be interested in trying a Nextel phone for himself for a few months. It has a pager, phone and 2-way radio all in one. He agreed. Mr. Bicht asked Ruth to set up a meeting with Sandy Freeman the Nextel Representative, Mr. Southard, Ruth & Charlie. Mr. McLam asked how many statewide pagers there are in the County. Mr. Bicht said there were 12 total and 32 numeric. Ms. Totton said that there is no question that Nelson's proposal is way too high. It would be between Dave's and Arch. There is only a .55 cent difference in the cost of statewide coverage. We only have 12 statewide pagers and she felt it wouldn't be worth it to switch companies. Mr. McLam said that Mr. Southard's pager is the most important and we have to make sure he has statewide coverage at all times. Ms. Totton explained that he will probably be using Nextel for a month to see if that helps his problem. Mr. Mclam felt there was no reason to change Companies as well. He said it is very convenient to have Dave's nearby to get a replacement as opposed to Arch who is in Melbourne. Mr. Bicht asked if it was a concessus to stay with Dave's and Mr. McLam concurred as long as we resolve Mr. Southard's problem. Ms. Totton said that everyone was in agreement. Mr. Bicht responded by saying that he will take it to the Board of County Commissioners for approval. The meeting ended at 10: 15am ~ ...", " NA.1;~'aI'llA~" DAVE'S COMMUNiCATIONS, INC. ~ MO~A 1AD10 COMMUNICATIONS , )~~~TÓ3j? 2530 OKEECHOBEE ROAD · FORT PIERCE, FL 34947 · PHONE: (561) 464-9711 Date: August 30, 1999 To: Charles Bicht, Pmchasing Manager Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 -- ~-- From: Dave Evans Dave's Communications, Inc. 2530 Okeechobee Rd. Ft. Pierce, FL 34947 Re: RFP# 99-075 Dear Mr. Bicht, Dave's Communications offers to furnish pagers and pager service to St. Lucie County at the prices listed below. It should be noted that the county now owns the present pagers with service, maintenance, and insurance being provided by Dave's Communications. The following is the proposal for added services (prices quoted - include Multi-Departmental Billing): . Paler Prices Digital Pager as low as...................... .....$ 35.00 Alpha Numeric Pager as low as.......... .......$ 40.00 All pager prices will include: * Lifetime Warranty * $10.00 Loss Replacement * Same-Day Trade-out * Free Insurance * Free V oicemail * Unlimited Calling * Local Service ~ -...I Monthty Pagjng Service Prices Digital Paging Service.................... .......;......$ 3.00 Alpha Numeric Paging Service.......... ..............$ 6.00 This local service covers the pager from Cocoa to Key Largo ****Extended State Coverage is an additional $2.00**** '-..- Dave's Communications is a 30 year old St. Lucie County business and hopes the county does not choose to send it's money to an out of county business after the many years of satisfactory service we have furnished. We look forward to continuing to Serve you. Sincerely, fL2- Dave Evans " t~':~l~~J:~~::,i;f"!:"t,',}i?:}i';'~'~"~f~:; ~:~~y~, '6'"'¿;¿'f$'¿ :,~~:, ~:'T,LJ~! PAGING SERVICE QUOTE JULY 6, 1999 PREPARED FOR: ST. LUCIE COUNTY . AITENTION: CHARLES BICBT SERVICE RATES QUANTITY 136 SERVICE TYPE COVERAGE NUMERIC CENTRAL FLA STATEWIDE ALPHANUMERIC CENTRAL FLA S1:ATEWIDE MONTHLY RATE $ 3.00 3.50 6.45 7.45 ..~ - EQUIPMENT PRICES · EVEN EXCHANGE ON EXISTING CUSTOMER OWNED PAGERS FOR SAME MODELS OR PAGERS OF EQUIVALENT VALUE. NUMERIC · MOTOROLA PRONTO OR BRAVO PLUS (REFURB) - $ 29.95 · MOTOROLA LS350 (NEW)- $ 39.95/EACB · NEC MESSAGE MAKER II (NEW) - $ 39.95/EACH ALPHANUMERIC · MOTOROLA ADVISOR (REFURB) - $ 50.00 · MOTOROLA WORI?LlNE (NEW) - $ 89.95/ EACH · NEC VUE (NEW)- $ 99.95/ EACH · MOTOROLA JAZZ (NEW) - $ 99.95/ EACH · ALPHA ENTRY SOFTWARE-FREE ADDfinONALSERVICES ~ MAINTENANCE - INCL~ED · NEWSLINK SERVICE (RECEIVE NEws, SPORTS, BUSINESS, AND ENTERTAINMENT !IIGHLIGHTS ON ALPHA PAGERS) - FREE " ..- · EP AGE SERVICE (RECEIVE EMAIL MESSAGES ON ALPHA PAGERS) - FREE · AND DON'T FORGET ABOUT OUR UNPARALLELED CUSTOMER SERVICE - NO ONE CAN BEAT OUR RESPONSE TIME!!!!!! · YOUR ACCOUNT WILL BE HANDLED BY A PRIORITY ACCOUNT REPRESENTATIVE, WHO WILL SERVE ALL OF YOUR PAGING NEEDS ALL RATES ARE BASED ON A MINIMUM ONE YEAR AGREEMENT FOR MORE INFORMATION CONTACT DAN HARRISON OR AMANDA FAIVRE AT (561) 567-8916 ," ,:.' './', ;:;:, ~.A¡ftlOREPERS01VALPAGINGCO[filPA1VY , Nelson's Engineering Service~c. RFP - 99-075 Pager Service ofSt. Lucie County - Board of Commissioners NUMERIC PAGERS Monthly Airtime Service per Pager Central Florida Coverage Maintenance per Pager Repairs plus shipping Replacement Cost Numeric Pager PRICING $5.50 per month $ .50 per month $0.00 per pager $15.00 per pager $60.00 per pager ALPHANUMERIC PAGERS Monthly Airtime Service per Pager $14.00 per month Statewide Coverage Alpha Dispatch Service Maintenance per Pager Repairs plus shipping Replàcement cost Alphanumeric Pager $ 6.00 per month $ .75 per month $ 0.00 per pager $25.00 deductible $140.00 per pager ...", " " ~ AGENDA REQUEST ...." ITEM NO. C-3 ¥ DATE: October 5,1999 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Budget Resolution # 99-241 appropriating funds for grant awards received by St. Lucie County in August and September of 1999. BACKGROUND: During the last phase of the FYOO budget preparation process, St. Lucie County BDCC received a number of grant awards, budgets for which were not included in the final FYOO budget review meeting. Section 129.06(d) Florida Statues requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. FUNDS WILL BE AVAILABLE: See enclosed Resolution #99-241 PREVIOUS ACTION: All of the grant awards have been approved by the Board. A list of the grants and their respective approval dates is attached. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Resolution #99-241 establishing the budget for the grants listed. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [] DENIED [ ] OTHER: County Attorney: XX tcr/ Management & Budget: XX urchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:\budget\wp\agenda' s\agenda99\ 1 0' 5NewGrants. wpd '-" ...., ~ RESOLUTION NO. 99-241 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 several granting agencies. 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 5th day of October, 1999 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 001251-7240-334712-7954 101103-4115-331392-425056 102201-1510-334713-100 105801-7110-337715-700 107107-2110-331210-200 107112-2110-331210-200 107113-2110-331210-200 140120-4115-331710-4657 183208-615-334905-6000 183209-615-334905-6000 186203-3412-334391-300 Florida Boating Improvement Prog Environmental Prot Agyl SJRWMD Div. Of Historical Resources, State of FL Gates Learning Foundation US Dept of. Justice US Dept of. Justice US Dept of. Justice EPAlST JRWMD Office of State Courts Administrator Office of State Courts Administrator Dept of Environmental Prot-Physical APPROPRIATIONS 001251-7240-563000-7954 101103-4115-563005-425056 102201-1510-531000-100 105801-7110-564000-700 105801-7110-551200-700 107107-2110-591900-200 107112-2110-591900-200 107113-2110-591900-200 140120-4115-531000-4657 183208-615-534000-6000 183209-615-534000-6000 186203-3412-599300-300 Improvements OfT Buildings Improvements OfT Buildings-Consult Eng. Professional Services Machinery & Equipment Equipment <$750 Transfer to Sheriff Transfer to Sheriff Transfer to Sheriff Professional Services Other Contractual Services Other Contractual Services Reserves G:\budget\wp\agenda' s\agenda99\ 1 O'5NewGrants. wpd $63,422 $55,000 $20,000 $36,126 $94,000 $142,500 $4,000 $188,000 $5,984 $55,751 $13.484 $678,267 $63,422 $55,000 $20,000 $34,316 $1,810 $94,000 $142,500 $4,000 $188,000 $5,984 $55,751 $13.484 $678,267 '-" ...., After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 5TH DAY OF OCTOBER, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\budget\wp\agenda' s\agenda99\ 1 O·SNewGrants. wpd \. Ø) Ø) I 0 CO') I Ø) C Z < Ø) Ø) . ,... .... 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C") ...... ...... r-- N C") 0 co 0) ('f) 0 0 0 ...... ...... N 0 0 0 Il) ...... 0 0 ...... ...... ...... ...... N N N Z N ...... N co r-- r-- r-- 0 C") C") <D ::> ...... 0 N Il) 0 0 0 ~ co co co u. 0 0 0 0 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ~ '> IE IE IE ~ ... Q ... ~ 0 0 0 ~ I- 0 II) II) en a.. Q E ~ a:: a:: a:: II) w ... ,~ ,~ 1:: 1:: Q 0 ::> E ~ '¡:: .¡:: .¡:: :ë ª en :ë Q) Q Q) ::> ::> ID ::> 0 .Q .s::. .s::. .s::. ::> 0 0 :¡:¡ ..J D- C> ::¡ C/) C/) C/) D- C> C> ::> 0) 0) Õ) N -- 0) o M .Q ~ OJ c: :¡:¡ Q) OJ ~ ::> co en - c: ro cD ~ :2 ¡:: LU c:> o ::> co .- (9 'f~ - --- ~' '-' ..".¡ AGENDA REQUEST ITEM NO. C4 DATE: October 5, 1999 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Strn,TF.C-T· Public Hearing Advance Notice. SUBMITTED BY (DEPT): Community Development RAC-KGROUND: The following public hearings will be scheduled for the County Commissioners meeting of October 19, 1999, at 7:00 p.m., or as soon thereafter as possible. 1. PAUL JOSEPH DUPONT, for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District for the following described property: (Location: 6870 Andrews Avenue) 2. DOMINICK LIOCE, for a Change in Zoning from the PUD (Planned Unit Development - Pelican pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the following described property: (Location: West side of South SR A-I-A, adjacent to the south property line of the South Hutchinson Island Water Reclamation Facility) 3. PIPPIN TRACTOR, for a Change in Zoning from the AR-l (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for the following described property: (Location: East side of Kings Highway, approximately ~ mile north of St. Lucie Boulevard) 4. REAL STONE & GRANITE CORPORATION, for a Conditional Use Permit to allow the manufacturing of cut stone and stone products in the IL (Industrial, Light) Zoning District for the following described property: (Location: 427 South Market Avenue) 5. CHARLES A. WHITE, for Preliminary and Final Planned Unit Development approval for the project known as Pine Summit - PUD, and for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (Planned Unit Development - Pine Summit) Zoning District for the following described property: (Location: East side of South U.S. Highway No. I, approximately 500 feet South of the entrance to the Vista St. Lucie Condominiums) FUNDS AVAII,ABT.F.· Not Applicable. PRF.VIOUS AC-TTON" None. RF.C-OMMF.NDATION· Staff recommends that the Board acknowledge the Public Hearing schedule for October 19, 1999. COMMISSION ACTION: [X] APPROVED [ ] OTHER: DENIED County Attorney: ~ ("nnrrl;nt=itinn/~iQnAt"11rp~ Mgt & Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only) : ~~,o%Mers ~Shewchuk, Community Development Director September 27, 1999 .. TO: FROM: DATE: '-" ~ COUNTY COMMISSION REVIEW: OCTOBER 5, 1999 CONSENT AGENDA MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT SUBJECT: Advance Notice for Public Hearings It is requested that the Board of County Commissioners authorize the following public hearings for October 19, 1999, at 7:00 P.M. or as soon thereafter as possible. 1. PAUL JOSEPH DUPONT, for a Change in Zoning from the RS-2 (Residential, Single- Family - 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District for the following described property: (Location: 6870 Andrews Avenue) 2. DOMINICK LIOCE, for a Change in Zoning from the PUD (planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the following described property: (Location: West side of South SR A-I-A, adjacent to the south property line of the South Hutchinson Island Water Reclamation Facility) 3. PIPPIN TRACTOR, for a Change in Zoning from the AR-I (Agricultural, Residential - I du/acre) Zoning District to the CG (Commercial, General) Zoning District for the following described property: (Location: East side of Kings Highway, approximately Y:z mile north ofSt. Lucie Boulevard) 4. REAL STONE & GRANITE CORPORATION, for a Conditional Use Pennit to allow the manufacturing of cut stone and stone products in the IL (Industrial, Light) Zoning District for the following described property: (Location: 427 South Market Avenue) , '-" """'" September 27, 1999 Page 2 Subject: Advance Notice of Public Hearings 5. CHARLES A. WHITE, for Preliminary and Final Planned Unit Development approval for the project known as Pine Summit - PUD, and for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (planned Unit Development - Pine Summit) Zoning District for the following described property: (Location: East side of South U.S. Highway No.1, approximately 500 feet South of the entrance to the Vista St. Lucie Condominiums) Please call me if you have any questions. IS/jrnr cc: County Administrator County Attorney File /~ '-' ...., AGENDA REQUEST ITEM NO. C!. -s DATE: REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Approve the Lease Agreement with Mr. John Brighton d/b/a Coronado Mfg. Group for approximately 5.40 acres of property at 3926 North Kings Highway on St. Lucie County International Airport. BACKGROUND: Parcel 43 on Kings Highway at St. Lucie County International Airport was previously leased to Mr. Don Clark on February 28, 1998. Because of changes in Mr. Clark's financial position, Mr. Clark was unable to continue the lease and the Lease was terminated. As this property is currently not needed for Airport development, the property was re-advertised for lease. The property was vacant during Mr. Clark's Lease period and during the re-advertisement period, causing a significant amount of deterioration. As a result of the condition of the property, Mr. Brighton was the sole bidder on the property. Mr. Brighton proposes to use the property for aquaculture purposes, specifically shrimp farming. FUNDS AVAILABLE IN ACCT#: N/ A PREVIOUS ACTION: On February 28, 1998, the Board leased the property to Mr. Clark. On June 1, 1999 the Board voted to terminate the Lease with Mr. Clark for failure to pay rent. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Lease Agreement with Mr. John Brighton d/b/a Coronado Mfg. Group for approximately 5.40 acres of property at 3926 North Kings Highway on St. Lucie County International Airport and authorize the Chairman to sign the Land Lease. COMMISSION ACTION: ~]APPROVED [ ]DENIED [ ]OTHER: NCE: Reviews & Approval County Attorney: Originating Dept: Finance:(Check fo Purchasing Other: '-' (..""" BID FORM 3926 NORTH KINGS HIGHWAY, FORT PIERCE, FLORIDA In order to constitute an acceptable bid, all information requested below must be provided The form must be submitted in triplicate in a sealed envelope bearing on the outside the name of the bidder, its address, and the words "3926 NORTH KINGS HIGHWAY", to Airport Director's Office, 4116 St. Lucie Boulevard, Fort Pierce, Florida 34946. The deadline for submission is 10:00 a.m. on June 23, 1999. Name of Bidder: <kil? II/! [fyj) Þ;? Ol3fi CO/'O/JM 0 ;t1~9' ¿. @T;t1LlP Bid Submitted (Monthly rental rate): 10. ç, tJO 5-ot' 5' VI' 5 . / sT Address of Bidder: Contact Person for Purposes of this Bid: 7::< 00 £lA;¡ I.//Jr) ~ FT ;J/e.ýC e riA 3Lf1S/ -;¿:2./~ S6/ 1ç; I 4-::? /7 (To j)1 ;1/1 [h---/ ¡/lh 1; // / S 6/ 1-6/ 1~ /7 Telephone Number: Telephone Number of Contact Person: If a Corporation, where and when incorporated: 17,A I If foreign corporation, date of registration with Florida Secretary of State, and name and address of Resident Agent n.fl. Type of business to be conducted on premises: s 4 f- ¡/h1 /J I .fAym 1 '-' ,....,¡ BIDDER'S ACKNOWLEDGMENT The Bidder understands that information contained in this Bid Form is to be relied upon by St. Lucie County in awarding the specified Bid, and such information is warranted by the Bidder to be true. Bidder understands that the County has the right to verify the information submitted and to seek any additional information relating to the Bidder's qualifications. The discovery of any misstatement, which, in the sole opinion of the County, materially affects the Bidder's qualifications to perform shall cause the Board to reject the Bid, and if after the award, to cancel the lease agreement. J O/t n Typed Name /'1 ß ý ¡' C1lJ /i;n / fUI1tZ- It:. 99 I Date 2 '-'" ....., LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and JOHN M. BRIGHTON, D/B/A CORONADO MFG. GROUP, ("Lessee"). In consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain real property and improvements located at 3926 North Kings Highway, Fort Pierce, Florida, and more particularly described in Exhibit" A", attached hereto and incorpJrated herein, ("premises" or "leased premises"). 2. PURPOSE. Lessee agrees to use the premises for a shrimp farm. Within six (6) months of the date written above, the Lessee shall commence operation of the shrinp farm on the lease premises. Failure to commence operation of the shrimp farm within such period shall be considered a default under Paragraph 16 of this Lease. The use of the leased premised by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Lessor, the Federal Aviation Administration or its successor agency, or by the St. Lucie County Port and Airport Authority, the State of Florida or any other federal, state, or local agency having jurisdiction over the operations of St. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor. 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that 1 '-' w is has made, or had an opportunity to make, a thorough and complete inspection of the leased premises and is fully advised of its condition, nature of construction, if any, and state of repair. Lessee fully accepts the leased premises in its present state of condition. Lessor warrants that Lessor has full authority to enter into this Lease. 4. INDEMNIFICATION AGAINST CLAIMS. The Lessee is and shall be an independett contractor and operator, responsible to all parties for all of its acts or omissions and the Lessor shall in no way be responsible for such acts or omissions. The Lessee shall and will indemnify and hold harmless Lessor from and against any and all liability , claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the leaæd premises by the Lessee or its agents, servants, employees, customers, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Lessee or its agent, servants, employees, customers, patrons, or invitees, whether on the leased premises or surrounding area, or resulting from injury to person or property, or loss of life or property of aI¥ kind or nature whatsoever sustained during the term of this agreement, in or about the leased premises or surrounding area (except for injuries, damages or claims which are the result of the primary negligence of the Lessor and for which the Lessor is legally, directly, and primarily liable). 5. NO LIENS CREATED. Lessee covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of Lessor in and to the property covered by this lease, and that no third peISon shall ever be entitled 2 '-' ....., to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with Lessee, or furnishing materials or labor to Lessee, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of the lease. 6. OPERATION COSTS. Lessee agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, including telephone, gas, electricity, water and sewer, and all other expenses incurred in and use and operation of the leased premises. Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. Lessee shall be responsible for the payment of any and all ad valorem taxes and other taxes and/or assessments which may be assessed against the leased premises during the term of this Lease. 7. BANKRUPTCY OF LESSEE. Should Lessee, at any time during the term of this lease, file a voluntary petition in bankruptcy, or permit an involuntary petition in bankruptcy to be filed against it, or institute a composition or any arrangement proceeding under Chapter X or XI of the Chandler Act, or make any assignments for the benefit of its creditors, or should a receiver or trustee be appointed for Lessee's property because of Lessee's insolvency, and the appointment is not vacated within thirty (30) days thereafter, or should Lessee's leasehold interest be levied on and the lien not discharged within thirty (30) days after levy has been made, or should Lessee fail promptly to make the necessary returns and reports required of it by city, state and 3 '-" ....." federal law , or should Lessee fail promptly to comply with all governmental regulations, city, state and federal, and should such failure in any manner jeopardize the rights of Lessor, then, and in such event, and upon the happening of either or any of such events, Lessor shall have the right, at its election, to consider the same a default on the part of Lessee of the terms and provisions of this lease, and, in the event of such default not being cured by Lessee within a period of thirty (3Q days from the date of the giving by Lessor of written notice to Lessee of the existence of such default, Lessor shall have the option of declaring this lease terminated, and the interest of Lessee forfeited, or Lessor may exercise any other rights conferred upon it by this lease. The pendency of bankruptcy proceedings or arrangement proceedings, to which Lessee shall be a party mall not preclude Lessor from exercising any of its rights. In the event Lessee, or the trustee or receiver of Lessee's property, shall seek an injunction against Lessor's exercise of any right, such action on the part of Lessee, its trustee or receiver, shall automatically terminate this leas:: as of the date of the making of such application. In the event the court shall enjoin Lessor from exercising any of its rights, such injunction shall automatically terminate this lease. 8. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the interior of leased premises, including grounds, furnishings, fixtures and personal property, if any, in a good state of repair and condition. Lessee shall comply with any aesthetic standards which the Lessor may subsequently adopt for its leased properties. Lessee agrees at its expense to make all routine repairs to the leased premises, including electrical, plumbing, sewer, sewer conditions, and all other repairs that may be required to be made, excluding structural and air conditioner, and Lessee at its expense will keep the building interior, fixtures and equipment in a good state of repair, in good condition and at all times well painted. Lessee at its expense agree; 4 '-' ..."", to deliver to Lessor upon the termination of this lease the entire leased premises in a good state of repair and condition, ordinary wear and tear, and damage by the elements or by fIre excepted. Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all routine repair and maintenance whatsoever to the premises and for all repairs necessitated by the actions of Lessee, as its agent, servants, employees, customers, patrons or invitees. Lessee shall keep the premises at all times in a clean and orderly condition and appearance and all of Lessee I s fIxtures, equipment and personal property which are located on any part of the premises which are open or visible to the general public shall likewise be so kept and maintained. Lessee shall be responsible for the routine maintenance and repair of all fuel tanks and utilities service lines that Lessee is using (except common utilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers. Lessee shall, at all times during the term of this lease, take appropriate anti-erosion measures to prevent or restore erosion caused by Lessee, its agents, employees, or sub lessees. In the event the Lessee fails in any material respect to so maintain, clean, repair, replace, rebuild the premises within a period of sixty (60) days after notice from Lessor to do so, or fails in any material respect diligently to pursue to completion such repair, replacement, or rebuilding, then Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace, or rebuild all or any part of the premises included in such notice, and cost shall be payable by Lessee immediately upon demand of Lessor. 9. SIGNS AND OBSTRUCTION LIGHTS. Lessee shall have the right to erect, maintain or display any signs or any advertising on the exterior of the leased premises or within the leased premises, provided that such signs and advertising comply with all FAA, local government and 5 '-" ...."" airport rules, regulations and ordinances. 10. TERM: TERMINATION. The term of this lease shall begin on , 1999, (hereinafter referred to as the "commencement date"), and shall terminate five (5) years from that date. Delivery of the possession of the premises to Lessee shall be made on the date of this Lease. The term of this lease may be extended upon the mutual consert of both parties. Either party shall have the right to terminate this lease without cause upon one hundred eighty (180) days prior written notice to the other party. 11. RENT. SECURITY DEPOSIT. RENT CREDIT. AND ANNUAL ADJUSTMENT. Lessee shall pay as rent for the leased premises the sum of one hundred five and 00/100 dollars ($105.00) per month, plus all applicable sales, use, and like taxes. Subject to the rent credit provision set forth below, the monthly rental payments shall be due on the first day of the month. On the commencement date, Lessee shall pay a security deposit in the amount of one hundred five and 00/100 ($105.00) dollars. Such deposit shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shall be by check made payable to "St. Lucie County" and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all appicable sales tax imposed by federal, state and local governments. Beginning upon the commencement of the second year of the Lease and continuing each year thereafter, the Annual Rent shall be adjusted in accordance with the ¡rovisions hereinbelow. Said adjustments shall be computed one (1) month prior to the end of the preceding Term, or Renewal Term, as the case may be, with the adjusted Annual Rent to be paid in equal consecuthe 6 '-" 'WI monthly installments. The adjusted Annual Rent for the applicable Term or Renewal Term shall be determined by multiplying the Annual Rent then in effect for the Term of this Lease by a fraction, the numerator or which is the Consumer Price Index (All Items and Major Group Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as of three (3) months prior to the expiration of the Term, or the Renewal Term, as the case may be, and the date of commencement of this Lease. Lessor shall provide Lessee with the new Annual Rent amount ani Lessor's calculations to arrive at same within ten (10) days following the aforementioned calculation date. If the Lease Term commences on a date other than the first day of a month, Lessee is obligated to advance its first payment of gross monthly rent on a pro-rata basis, computed based upon the number of days remaining the month of commencement divided by the total number of days in the month of the Lease's commencement. 12. INSPECTION OF PREMISES. Lessor or its agents shall have the right to enter the leased premises and the buildings and improvements constructed on them at all reasonable business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee or of any subtenants or occupants of the premises, except in the event of an emergency. At any time and from time to time during reasonable business hours within six (6) months next preceding the expiration of this lease agreement or immediately upon the determination by Lessor of abandonment or a breach of this lease by Lessee, Lessor shall have the absolute right 7 '-" ......., to enter the premises for the purpose of exhibiting and viewing all parts of the same and to place and maintain on the premises "To Let" signs, which signs Lessee shall allow to remain without interference or hindrance. If, during the last month of the term of this lease agreement, Lessee shall have removed all or substantially all of its property from the premises, Lessor may immediately enter, alter, renovate and redecorate the premises. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be a1 eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 13. APPROV AL OF CONSTRUCTION. Prior to any construction upon the premises by Lessee, including any alterations, changes or additions, Lessee shall submit to Lessor complete building plans for such proposed construction, and prior to such construction, the written approval of plans must be given by Lessor and the St. Lucie County Community Development Thpartment which approval will not be unreasonably withheld and any other applicable government or agency. 14. CONDEMNATION. If any part of the Premises shall be taken or condemned for a public or quasi-public use, and a part remains which is susceptible of occupation, the rent payabe shall be reduced, commencing with the date title shall vest in the condemnor, to the amount determined by multiplying such rent by a fraction, the numerator of which is the areas of the Premises remaining after condemnation, and the denominator of which is the area of the Premiæs as of the date of condemnation. If Lessee determines that the remaining portion of the Premises is inadequate for the uses contemplated by this Lease, Lessee shall have the option to terminate this Agreement as of the date when title to the part so condemned vests in the condemnor. If all of the Premises shall be so taken, this Agreement shall terminate on the date when title to the 8 ....." ...., Premises vests in the condemnor. If a part or all of the Premises be so taken or condemned, Lessee shall be entitled to that portion of any award for Lessee I s loss of buildings and its furniture and fixtures, the cost of removing its property and the loss of the value ofits leasehold interest in the land so taken. In the event of such taking, Lessor shall receive such portion of the award as is attributable to its reversionary fee interest in the land and any improvements comprising the Premises. Any portion of any condemnation award which is not specifically apportioned to Lessee, as aforesaid, shall be and become the property and belong to Lessor. 15. D EF A UL T IN RENT. Lessee agrees promptly to perform, comply with and abide with this lease, and agrees that time of payment and of performance are of the very nature and essence of it. If any sums of money required to be paid by Lessee to Lessor shall remain unpaid for a period of ten (10) days after its due date and after ten (10) days written notice from Lessor stating that such ten (10) day grace period has expired, then Lessor shall have the following options and privileges: (a) Lessor may declare one (1) year's rental as presently due and payable. Such declaration shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of Lessee to pay rent under the terms of this lease for the period unaffected by the declaration. (b) Lessor may, after notice, terminate the lease. In addition to the options granted above, Lessor may exercise any and all other options available to it, which options may be exercised concurrently or separately with the exeråse of the above options. 16. DEFAULT IN OTHER PROVISIONS. If Lessee shall default in the performance of 9 '-"' ~ . any other term of this lease (except the payment of rent), then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor, including, but not limited to, the default in rent, remedies, procedures and rights specified in subsections 15(a), 15(b), and 15© of this lease. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from an:! after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, Lessor shall not have the right to declare that lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the lease term ended and enforce all of its rights and remedies under this lease for any other default not so cured. 17. OWNERSHIP AT TERMINATION. All buildings, structures and fixtures of every kind now existing or hereafter erected, installed or placed on the leased premises are the property of Lessor and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. A fixture is defined as an article which was a chattel, but which, by being physically annexed or affixed to the premises by Lessee and incapable of being removed without structural or functional damage to the premises, becomes a part and parcel of it. Nonfixture personally owned by Lessee at the expiration of the term or earlier termination of this lease, for any reason, shall continue to be owned by Lessee, and at the time of such expiration or earlier 10 '-" ...., termination, Lessee at its option may remove all such personally, provided Lessee is not then in default of any covenant or condition of this lease; otherwise, all such property shall remain on t:œ leased premises until the damages suffered by Lessor from any such default have been ascertained . . and compensated. Any damage to the premises caused by the removal by Lessee of any such personalty shall be repaired by Lessee forthwith at its expense. 18. INSURANCE. The parties agree to the following provisions pertaining to insurance: (a) Fire and Extended Coverage Lessee shall, at all times during the term of this lease and at Lessee's sole expense keep the leased premises insured against loss or damage by fIre and hazards customarily insured by extended coverage in an amount greater than or equal to the fair market value of the leased premises. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate Lessor as an additional named insured. A certifIcate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease, specifIcally providing that the insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to Lessor. (b) Worker's Compensation Lessee shall carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. © Liability Insurance 11 '-" .." The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage limits of not less than $500,000 for bodily injury and property damage as a result of any single occurrence concerning Lessee's operation of the leased premises. The described policies of insurance and all renewals of those policies shall be delivered to and held by the Lessor. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall inc1uœ personal injury; products and completed operations; and contractual liability specifically insuring this Hold Harmless paragraph. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease. (d) Damage or Destruction to leased premises Except as otherwise provided in this lease, if the premises or any part of them (including any leasehold improvements), shall be damaged or destroyed, Lessee shall, to the extent of the insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance 12 '-'" ...., proceeds shall belong to Lessee. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased premises. If such a substantial portion of the leased premises is destroyed so that Lessee determines that Lessee cannot reasonably continue to utilize the leased premises until the same are repaired or replaced, then Lessee may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the holder of any leasehold mortgage which encumbers the leased premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any shall be paid to Lessor. 19. ASSIGNMENT AND SUBLEASING. Lessee may not sublease the leased premises, or any portion of those premises upon prior approval by the Lesscr of the form sublease. Lessee shall not assign this agreement without the prior written consent of the Lessor. If Lessee is a corporation, partnership or other type of business entity other than an individual, there shall be no transfer of the control of such business entity without prior approval of Lessor, which approval shall not be unreasonably withheld. A transfer of control of the business entity shall be deemed to occur when the owner(s) of more than fifty percent (50%) of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any 13 '-' ..." attempt to effect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. 20. NOTICES. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: Lessor: Board of County Commissioners 2300 Virginia A venue Administration Annex Fort Pierce, Florida 34982 With copies to: St. Lucie County Administrator 2300 Virginia A venue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia A venue Administration Annex Fort Pierce, Florida 34982 Lessee: John M. Brighton 1200 Banyan Street Fort Pierce, Florida 34951-2216 or to such other addressees) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 21. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 22. LEASE NOT EXCLUSIVE. Any term, provision or condition in this lease to the contrary notwithstanding, it is specifically understood and agreed that this lease is not exclusive, and that Lessor shall be entitled to lease to competitors of Lessee within the Lessor's property. 23. NONDISCRIMINATION. Lessee, in exercising any of the rights or privileges granted to it shall not on the grounds of race, color or national origin discriminate or permit 14 "--' ..., discrimination against any persons or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 24. SUBROGA nON. Lessor shall have the option, without waiving or impairing any of its rights, to pay any sum or perform any act required of Lessee, and the amount of any such payment and the value of any such performance, together with interest, shall be secured by this lease, and shall be promptly due and payable to Lessor. 25. STANDARD PROTECTION CLAUSES. Lessor reserves the right to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in the airspace such noise as may be inherent in the operation of aircraft, now known or later used, for the navigation of or flight in airspace, and for use of airspace for landing on, taking off from or operating on the St. Lucie County International Airport. Lessee expre~ly agrees for itself, its successors and assigns to restrict the heights of structures, objects of natural growth or other obstructions on the leased premises, to such a height so as to comply with Federal Aviation Regulations, Part 77, or any other applicable state, federal, or local regulation. Lessee expressly agrees for itself, its successors and assigns to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the St. Lucie County International Airport, or otherwise constitute an airport hazard. 26. INTEREST. All delinquent payments to Lessor shall bear interest at the rate equivalent to the periodic composite of current annual interest rates on five (5) year United States 15 ~ ..., Government agency issues in effect as of the date of delinquency, but not less than ten (10 %) per annum. Such interest shall be calculated from the due date after the expiration of any applicable grace period to the date of payment, on a daily basis, and will be due and payable when billed. 27. FORFEITURE. If Lessee shall fail to keep and perfonn any of the covenants, conditions, and agreements in this lease provided to be performed by Lessee, and such default is not remedied within the grace period provided elsewhere in this lease, Le&sor shall have the right to treat such default as intentional, inexcusable and material, and Lessor, by notice in writing transmitted to Lessee, may at its option declare Lessee's interest under this lease ended and without further force. Thereupon, Lessor is authorized to re-enter and repossess the leased premises, and the buildings, improvements and personal property located on them, either with or without legal process, and Lessee does in such event waive any demand for possession of the property, and agrees to surrender and deliver up the leased premises and property peaceably to Lessor. In the event of such forfeiture, Lessee shall ha\e no claim whatsoever against Lessor by reason of improvements made upon the premises, rents paid, or from any other cause whatsoever. The provisions of this paragraph shall not be construed so as to divest Lessor, in the event of such default, of any legal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to lessor a cumulative remedy, in addition to such other remedy or remedies as the law afford a Lessor when the tenns of a lease have been breached by a Lessee. 28. NONWAIVER. Failure of Lessor to insist upon the strict perfonnance of any of the covenants, conditions and agreements of this lease in anyone or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and 16 '-' ..."", agreements. Lessee covenants that no surrender or abandonment of the leased premises or of the remained of the term shall be valid unless accepted by Lessor in writing. Lessor shall be under no duty to relet the premises in the event of an abandonment or surrender or attempted abandonment or attempted abandonment of the leased premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the premises, Lessor shall have the right to retake possession of the leased premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 29. REMOVAL OF LESSEE'S PROPERTY BY LESSOR. If, under the terms of this lease agreement, Lessee is entitled to remove its property from the premises, but shall fail to do so on or before the termination or expiration of the term or on or before the termination or expiration of this lease agreement for any other cause specified herein then Lessor may remove such property and retain the same in its possession, and may sell the same at public auction, the proceeds of which shall be applied first to the expenses of such removal and storage and sale, and the balance paid to Lessee upon the demand of Lessee, providing that the proceeds of such sale exceed the expenses of such removal, storage and sale. 30. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Premises throughout the lease term without interference, hindrance or molestation. Wherever this lease requires Lessors consent or approval such consent or approval will not be unreasonably withheld. 31. RIGHT TO RECORD. Lessee shall have the right at its expense, to record this lease in the Public Records of St. Lucie County, Florida. 17 '-' "wi 32. DATE OF THIS AGREEMENT. Any reference in this lease to the words "date of this agreement" or "date of this lease" shall be deemed to be the date this lease is executed by the party last executing same. 33. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Agreement and this Agreement, shall be interpreted in favor of this Agreement. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state lw and the Southern District of Florida for any claims which are justiciable in federal court. 34. VENUE. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediat<r shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. (Remainder of page intentionally left blank.) 18 ~ ..." IN WITNESS WHEREOF, Lessee has executed this Lease Agreement on this day of ,19_ WITNESSES JOHN M. BRIGHTON, D/B/A CORONADO MFG. GROUP BY: JOHN M. BRIGHTON COUNTY OF ) ) 55 ) STATE OF FLORIDA BEFORE ME, the undersigned authority, personally appeared JOHN M. BRIGHTON, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this _ day of ,19_ Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification _ Type of Identification Produced: 19 'WI ...., IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this _ day of ,19___ ATTEST: BOARD OF COUNTY COJ.\t1MISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA ) ) ss COUNTY OF ST. LUCIE ) BEFORE ME, the undersigned authority, personally appeared PAULA A. LEWIS, chairman of the St. Lucie County Board of County Commissioners, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed on this _ day of , 19___ Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification _ Type of Identification Produced: G:\AGREEMNT\LEASE\SLC-BRIGHTON. WPD 20 '-" """ EXHIBIT "A" LEGAL DESCRIPTION OF LEASED PREMISES Parcel 44 - Tax ID # 1324-322-0001-000/4 The South 150 feet of the West V2 of the North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 24, Township 34 South, Range 39 East, LESS road right-of-way and drainage canal right-of-way and utilities, St. Lucie County, Florida. 21 .. \w>' AGENDA REQUEST 'WEM NO. C6 DATE: October 5, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G Cole Property Acquisition Manager SUBJECT: BACKGROUND: FUNDS A V AILABLE: PREVIOUS ACTION: Environmentally Significant Land Program Indrio North Savannas Project FCT#95-052-P56 Heaps - Parcel 177 Please see attached background memorandum. Funds will be made available in account #382-3915-561000-310035 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 177 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. COMMISSION ACTION: [X} APPROVED [] DENIED [ ] OTHER: [X] County Attorney: ð~ ~ [X]Originating Dept: [] Purchasing:____ [X]COmm.DeveloP:~ Effective 5/96 [X] Finance: (check for copy only, if apPliCable~ w ..., PROPERTY ACQUISITION DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: Board of County Commissioners Donald G. Cole, Property Acquisition Manager October 5, 1999 Environmentally Significant Land Program Indrio North Savannas Project FCT#95-052-P56 Heaps - Parcel 177 BACKGROUND: On March 26, 1996, the Board of County Commissioners approved the Conceptual ARProval agreement with Florida Communities Trust (FCT) for the purchase of 228 properties witlïin the Indrio North Savanna 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 for the subject parcel is available for your review in the Property AcqUIsitions Office. RECOMMEND A TION I CONCLUSION: Staff recommends that the Board apJ'rove the option agreement for Parcel 177 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: c¡ ··~Wß ornndif Co e . Property Acquisition Manager CC: County Administrator County Attorney Community Development Director Leisure Services Director Finance Director Management & Budget Manager Project Boundary Closed Transaction - County OWned Indrio North Savannas Fcr #95-052-P56 Legend Option Agreement Approved by BOCC Executed Option Agreement Verbal Acceptance Stili Negotiating I No . Response c. 'rp ~ ~ ~ ~ ComlT1W1ilY Del/atopmenl t Geographic Information Systems 1 Map prepared Sapten'lber 28, 1999 N -----~-