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Agenda Packet 10-26-99
October 2611999 BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, 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. M zn BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA October 26, 1999 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 1. MINUTES Approve the minutes of the meeting held October 19, 1999. 1'\� 2. PROCLAMATION/PRESENTATION A. Resolution No. 99-265 - Proclaiming the month of November, 1999 as " iabetic Eye Disease Awareness Month" in St. Lucie County, Florida. YOVJ B. Resolution No. 99-266a - Proclaiming the month of November, 1999 as "Hospice Month" in St. Lucie County, Florida. This proclamation will be accepted by Hospice of Martin & St. Lucie, Inc. Resolution No. 99-266b - Proclaiming the month of November, 1999 as "Hospice Month" in St. Lucie County, Florida. This proclamation will be ccepted by Hospice of the Treasure Coast.c� C. Resolution No. 99-264 -Proclaiming the month of October, 199 as "Head Start Awareness Month" in St. Lucie County, Florida. Q� � (U�',_C( ""F D. Resolution No. 99-263 - Supporting Permanent and Consistent Funding for Regional Planning Councils. 00MYI, t k-d)('_nsr o uc("(44K GENERAL PUBLIC COMMENT rG71"(5 j,; ( 4. CONSENT AGENDA NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meetingg 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. 1�ftv `fto CONSENT AGENDA October 26, 1999 1. WARRANTS LIST Approve warrants list No. 55 Approve warrants list No. 4 2. PUBLIC WORKS A. Solid Waste / Contract Extension - Consider staff recommendation to approve a two year extension to the contract between St. Lucie County and Safety Kleen Corporation, and authorize the Chairman to sign the extension. i Engineering/Request for Transfer - This item is reagendaed from the October 19,1999 V Board Meeting. Consider staff recommendation to approve the transfer of the mining co permit from Strazzulla Brothers Co., Inc. to Metropolitan Life Insurance Company, to accept the two surety bonds (reclamation bonds) from Dickerson Florida, Inc. in the amount of $35,000 each, and to release the two existing letters of credit (reclamation bonds) in the amount of $35,00�t0,�each, in favor of Strazzulla Brothers Co., Inc. (ILL CIS Pa4- 0 I fk H C0 4 3. CENTRAL SERVICES� ko �C A. Contract Extension - Consider staff recommendation to approve the contract extension option to extend the contract with General Elevator Sales and Service, Inc. until and through September 30, 2000. B. Work Authorization No. 5 - Consider staff recommendation to approve the First Amendment to the work authorization for architectural services related to renovation and expansion of the St. Lucie County Booking Area and Sallyport with Stebbins, Scott and Bergman in the amount of $2,140. C. Work Authorization No. 9 - Consider staff recommendation to approve the work authorization for LEB Demolition in the amount of $15,650 for interior demolition of the Old 71h Street Jail. D. Work Authorization - Consider staff recommendation to approve the work authorization for Sims Wilkerson Engineering, Inc., for engineering services for natural gas installation at the Rock Road Jail in the amount of $18,000 (Part 1 Total). 4. LEISURE SERVICES A. Golf Course - Consider staff recommendation to approve a purchasing level of not more than $25,000 for each declared Sole Source provider for the Fairwinds Golf Course from October 1,1999 through September 30, 2000. B. 199 Millennium Dance - Consider staff recommendation to approve the rental agreement with St. Lucie Battery and Tire and the County Store Restaurant, and to implement the promotional plan for the 199 Millennium Dance at the Civic Center. +�' lwafLb� PURCHASING A. Auction Contract - Consider staff recommendation to award the auction contract to Karlin Daniel & Associates, Inc. and authorize the Chairman to sign the contract. B. RFP No. 99-078/Archaeological Survey Phase 1 - Consider staff recommendation to reject the proposal received and re -advertise the RFP. M CM CONSENT AGENDA OCTOBER 26,1999 PAGE TWO 6. COMMUNITY DEVELOPMENT Funds to assist in the EAR Amendment Process - Consider staff recommendation to retroactively authorize the submittal of the letter response to the Department of Community Affairs and authorize acceptance of these funds if the County's project is selected. 7. COUNTY ATTORNEY A. D. Resolution No. 99-227 - Consider staff recommendation to adopt the resolution authorizing participation in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds Serie&MQ (Multi -County Program Platt's Creek Off -Site Mitigation Area/Becker Holding Corporation - Consider staff recommendation to approve the request to borrow $1 million from the ESL Fund for the short term (2-6 months) in order to close the purchase of the Platt's Creek Off -Site Mitigation Area. The ESL Fund will be reimbursed by the funding that has been je5 allocated but not yet released by the St. Lucie River Issues Team/DEP. � {�,�, PC �_ ,.. , Revocable License Agreement/Charles B. and Anne Connolly - Consider staff recommendation to approve the Revocable License Agreement for 114 SE Camino Street, Port St. Lucie, authorize the Chairman to execute the agreement and instruct Mr. and Mrs. Connolly to record the Agreement in the Public records of St. Lucie County. Grant Agreement - Consider staff recommendation to approve the 1999-2000 grant contract with the St. Lucie County Cultural Affairs Council, and authorize the Chairman to sign the contract. E. Blind Creek Preserve / Lease from Trustees of the Internal Improvement Trust Fund - Consider staff recommendation to approve the lease agreement and authorize the Chairman to sign the agreement. 8. MANAGEMENT AND BUDGET Extension Agent Milage Reimbursements for FY99-2000 - Consider staff recommendation to approve the FY99-2000 monthly milage reimbursement rate for Extension Agents at $217.50. �1 c W1 k( �J.,�. t� ct, 101, ly C, ,i LC YY[ CA rW October 26,1999 BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, 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. °%✓ VA' BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA October 26,1999 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 1. MINUTES Approve the minutes of the meeting held October 19, 1999. 2. PROCLAMATION/PRESENTATION A. Resolution No. 99-265 - Proclaiming the month of November, 1999 as "Diabetic Eye Disease Awareness Month" in St. Lucie County, Florida. B. Resolution No. 99-266a - Proclaiming the month of November, 1999 as "Hospice Month" in St. Lucie County, Florida. This proclamation will be accepted by Hospice of Martin & St. Lucie, Inc. Resolution No. 99-266b - Proclaiming the month of November, 1999 as "Hospice Month" in St. Lucie County, Florida. This proclamation will be accepted by Hospice of the Treasure Coast. C. Resolution No. 99-264 -Proclaiming the month of October, 1999 as "Head Start Awareness Month" in St. Lucie County, Florida. D. Resolution No. 99-263 - Supporting Permanent and Consistent Funding for Regional Planning Councils. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior o the meeting. CONSENT AGENDA October 26,1999 1. WARRANTS LIST Approve warrants list No. 55 Approve warrants list No. 4 2. PUBLIC WORKS A. Solid Waste / Contract Extension - Consider staff recommendation to approve a two year extension to the contract between St. Lucie County and Safety Kleen Corporation, and authorize the Chairman to sign the extension. B. Engineering/Request for Transfer - This item is reagendaed from the October 19,1999 Board Meeting. Consider staff recommendation to approve the transfer of the mining permit from Strazzulla Brothers Co., Inc. to Metropolitan Life Insurance Company, to accept the two surety bonds (reclamation bonds) from Dickerson Florida, Inc. in the amount of $35,000 each, and to release the two existing letters of credit (reclamation bonds) in the amount of $35,00 each, in faW of StrraazS ullaa Brothers o., Inc. 3. CENTRAL SERVICES A. Contract Extension - Consider staff recommendation to approve the contract extension option to extend the contract with General Elevator Sales and Service, Inc. until and through September 30, 2000. B. Work Authorization No. 5 - Consider staff recommendation to approve the First Amendment to the work authorization for architectural services related to renovation and expansion of the St. Lucie County Booking Area and Sallyport with Stebbins, Scott and Bergman in the amount of $2,140. C. Work Authorization No. 9 - Consider staff recommendation to approve the work authorization for LEB Demolition in the amount of $15,650 for interior demolition of the Old 71e Street Jail. D. Work Authorization - Consider staff recommendation to approve the work authorization for Sims Wilkerson Engineering, Inc., for engineering services for natural gas installation at the Rock Road Jail in the amount of $18,000 (Part 1 Total). 4. LEISURE SERVICES A. Golf Course - Consider staff recommendation to approve a purchasing level of not more than $25,000 for each declared Sole Source provider for the Fairwinds Golf Course from October 1,1999 through September 30, 2000. G 4B. 199 Millennium Dance - Consider staff recommendation to approve the rental agreement with St. Lucie Battery and Tire and the County Store Restaurant, and to implement the promotional plan for the 199 Millennium Dance at the Civic Center. 5. PURCHASING A. Auction Contract - Consider staff recommendation to award the auction contract to Karlin Daniel & Associates, Inc. and authorize the Chairman to sign the contract. B. RFP No. 99-078/Archaeological Survey Phase 1 - Consider staff recommendation to reject the proposal received and re -advertise the RFP. M M CONSENT AGENDA OCTOBER 26, 1999 PAGE TWO 6. COMMUNITY DEVELOPMENT Funds to assist in the EAR Amendment Process - Consider staff recommendation to retroactively authorize the submittal of the letter response to the Department of Community Affairs and authorize acceptance of these funds if the County's project is selected. 7. COUNTY ATTORNEY A. Resolution No. 99-227 - Consider staff recommendation to adopt the resolution authorizing participation in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 2000 (Multi -County Program). Platt's Creek Off -Site Mitigation Area/Becker Holding Corporation - Consider staff recommendation to approve the request to borrow $1 million from the ESL Fund for the short term (2-6 months) in order to close the purchase of the Platt's Creek Off -Site Mitigation Area. The ESL Fund will be reimbursed by the funding that has been allocated but not yet released by the St. Lucie River Issues Team/DEP. C. Revocable License Agreement/Charles B. and Anne Connolly - Consider staff recommendation to approve the Revocable License Agreement for 114 SE Camino Street, Port St. Lucie, authorize the Chairman to execute the agreement and instruct Mr. and Mrs. Connolly to record the Agreement in the Public records of St. Lucie County. D. Grant Agreement - Consider staff recommendation to approve the 1999-2000 grant contract with the St. Lucie County Cultural Affairs Council, and authorize the Chairman to sign the contract. E. Blind Creek Preserve / Lease from Trustees of the Internal Improvement Trust Fund - Consider staff recommendation to approve the lease agreement and authorize the Chairman to sign the agreement. 8. MANAGEMENT AND BUDGET Extension Agent Milage Reimbursements for FY99-2000 - Consider staff recommendation to approve the FY99-2000 monthly milage reimbursement rate for Extension Agents at $217.50. M BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA October 2631999 REVISED REGULAR AGENDA PRESENTATION 1999 Tax Rolls - The Tax Collector will request authorization to extend the 1999 Tax Roll pursuant to state statute. CONSENT AGENDA A.1 PUBLIC WORKS Engineering / Work Authorization - Consider staff recommendation to enter into a work authorization with Lindahl, Browning, Ferrari & Helistrom, Inc. in the amount of $14,000 for construction contract administration for stormwater retrofitting -water quality enhancement within NSLRWCD Canals C-23 and C-28 and the Oleander/Saeger Avenue culvert replacement. Authorize the Chairman to execute the contract and approve the project budget. M cm BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 19, 1999 Convened: 7:04 p.m. Tape: 1-2 Adjourned: 8:55 p.m. Commissioners Present: Chairman, Paula A. Lewis; John D. Bruhn, Frannie Hutchinson, Cliff Barnes; Doug Coward Others Present: Doug Anderson, County Administrator; Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director; Mike Leeds, Leisure Services Director; Bill Blazak, Utilities Director; Dennis Murphy, Asst. Community Development Director; Harvey Lincoln, M & B Manager; Mike Bowers, Road and Bridge Manager; David Kelly, Planning Manager, Dorothy Jo Conrad, Tax Collector; Beth Ryder, Community Services Manager; Deputy Williams; A. Millie Delgado, Deputy Clerk MINUTES (1-024) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meeting held October 12, 1999, to include the additional comments as requested by Com. Coward and the correction as stated by Com. Hutchinson; and, upon roll call, motion carried unanimously. 2. PRESENTATION (1-056) Ms. Susan Haislip, School Librarian, and students of Ft. Pierce Central High School made a presentation on the wall mural for Edwards Road. It was moved by Com. Coward, seconded by Com. Barnes, to approve the painting of the wall mural as arranged by Ms. Haislip. GENERAL PUBLIC COMMENTS Mr. Charlie Parsons, Lakewood Park resident, addressed the Board regarding the distance of the recreation path. The Assistant Community Development Director advised Mr. Parsons that the project would run up and down Kings Highway to the county line and would connect over to Lakewood Park Elementary School. A-1. TAX COLLECTOR Excess Revenue- The Tax Collector presented the Board with the excess tax revenues in the amount of $864,548.10. -1- 4. CONSENT AGENDA (1-369) Com. Coward questioned the cost of the project for item C-4A. The Assistant Community Developmen� Director estimated the cost at $200,000. Com. Coward questioned the Request For Transfer on item C-5. He questioned the Reclamation Bond and if our Code was more astringent than what the language read. His impression was that the applicant would not only be required to restore the property to it's original condition, but, also had certain provisions about re -planting and so forth. The County Attorney advised Com. Coward that on any transfer the Board would have the ability to impose reasonable conditions. He suggested that this should meet our currents codes. The County Attorney suggested deferring this item for one week giving staff the opportunity to meet with the applicant. The Board concurred. It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent Agenda, to include item A-2 and removing C-5; and, upon roll call, motion carried unanimously. WARRANT LIST The Board approved Warrant List Nos. 54 and 3 as attached. 2. DIVISION OF FORESTRY Annual Report- The Board accepted the Annual Fire Control Report from the State Division of Forestry. 3. LEISURE SERVICES A. John Brooks Management Plan- The Board approved the management plan for John Brooks Park and approved forwarding the plan to the Land Acquisition and Management Council for approval of the Boairl of Trusteer+ ufthe Internal Improvement Trust Fund. B. Pepper Park Management Plan- The Board approved the management plan for Pepper Park and approved forwarding the plan to the Land Acquisition and Management Council for approval of the Board of Trustees of the Internal Improvement Trust Fund. 4. COMMUNITY DEVELOPMENT A. Work Authorization No. 3- The Board approved the work authorization between St. Lucie County and Inwood Consulting Engineers for the design, permitting and inspection of the previously authorized Lakewood Park Re-creation Path. B. Contract Amendment No. 1- The Board approved the amendment to the existing agreement between St. Lucie County and the Office of Tourism, Trade and Economic Development for the construction of a railroad spur to the Magnum Environmental Services facility on West Midway Road. PUBLIC WORKS Engineering/Request for Transfer- This was deferred for 1 week. -2- %w w *40 6. ADMINISTRATION A. Resolution No. 99-244/St. Lucie County Fairgrounds Site Development Plans- The Board approved the budget resolution and -Work Authoriiation No. 4 with Kimley-Horn and Associates, Inc., in the amount of $3,507.00 for preliminary design of Phase I of the St. Lucie County Fairgrounds Site Development at Midway Road and Okeechobee Road (SR-70) funds will be reimbursed by the Fairgrounds Association. B. Board of Adjustment Appointment- The Board approved ratifying Com. Coward's appointment of James Fowler to serve on the Board of Adjustment. 7. COUNTY ATTORNEY A. Permission to advertise Request for Proposals- The Board approved advertising the Request for Proposals for a collection service for delinquent court fines. B. Ordinance No. 99-27- Civil Traffic Infraction Hearing Officer Program- The Board approved advertising the Civil Traffic Infraction Hearing Officer Program ordinance. 8. COMMUNITY SERVICES New Horizons of the Treasure Coast, Inc., - The Board approved the First Amendment to the grant agreement with New Horizons of the Treasure Coast, Inc., correcting the amount from $565,210 to $538,295 and authorized the Chairman to sign the amendment. A-2 MANAGEMENT/BUDGET Hurricane Irene Funding- The Board approved the transfer of funds from the General Fund Revenues to cover anticipated expenses associated with the preparations for and recovery from Hurricane Irene. REGULAR AGENDA 5. COMMUNITY DEVELOPMENT (1-500) A. Resolution No. 99-187- CHARLES A. WHITE- This was continued from the September 7, 1999 Board meeting. For consideration before the Board was to approve the resolution granting 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,Co and CG zoning districts to the PUD zoning district. The Planning Manager advised the Board that the Petitioner had requested a 60 day extension and alluded to a letter received from the Petitioner requesting such. Com. Barnes addressed the traffic safety issue and asked the Planning Manager to give a report on this issue. The Planning Manager reviewed the project's trips and what roads and route most of the residents would utilize. He stated that it was their recommendation to not permit more than 38 units be approved at this time, which would allow capacity issues to work themselves out until an alternate access was designed. -3 - M E5 Com. Barnes expressed his concerns with the safety issues and stated he had a problem continuing this item for any length of time since the safety issues have not been resolved. Com. Coward questioned the development order the petitioner was referring to. The Asst. Community Development Director stated they were referring to the Lennard Road MSBU which is still being pursued by some of the property owners in the area. Com. Coward asked the County Attorney if there is capacity on the roadway, and the developer wants to build and we are able to provide the units that fill up that capacity, does the Board have the ability to say "No" to a development due to safety issues and do those issues supercede concurrency. The County Attorney stated, he felt they were in addition to concurrency and they are at a different level of review and the Board has the ability to look at those issues. Com. Lewis commented on the difficulty in financing the project. Ms. Deborah Ross, Attorney, representing Vista St. Lucie Inc., stated that Vista is not opposed to the project and they have had discussions with the developer regarding the project, it's development and how buffering would be implemented. It was her client who raised the traffic issue at the Planning and Zoning meeting. Ms. Ross pointed out the fact that the residents of Vista St. Lucie were concerned with the U- .+ Turns which would be made at the Vista St. Lucie entrance which is not signalized. The County Attorney stated he felt the petitioner may nwt be ready for the Board to consider this issue, and it does not appear that 60 days is enough time to address the issue. He recommended the Board not take action on the petition, requiring the applicant or developer, if he desires to go forward, to re -advertise at his expense. The Board can convey to the developer through staff their serious concerns in proceeding with this particular project in view of the traffic safety issue. Com. Bruhn stated, "he asked for this and it has not worked, so why continue it"? Com. Bruhn stated he would prefer the issue once again be reviewed by the Planning and Zoning Board and this was why he was voting against it. It was moved by Com. Barnes, seconded by Com. Coward to approve the County Attorney's recommendation; and, upon roll call, the vote was as follows; Nay: _Bruhn. Aye's: Coward, Barnes, Lewis, Hutchinson, motion carried by a vote of 4 to 1. It was moved by Com. Coward, second by Com. Prulm, that the project be re-examined by the Planning and Zoning Board to address the concerns and then :c be brought back before the Board for action; and, upon roll call, motion carried unanimously;. B. Resolution No. 99-191- PAUL JOSEPH DUPONT- For consideration before the Board was staff recommendation to deny draft Resolution No. 0\99-191 changing the zoning from RS-2 zoning district to RM-9 zoning district. Also, to approve modified draft Resolution No. 99-191 changing the zoning from the RS-2 to RM-5 zoning district. The Board accepted staffs report as part of the official record. Mr. Paul DuPont addressed the Board on his request and gave a history on his property. Mr. DuPont stated he has difficulty in selling the property due to its current zoning. In n The Planning Manager advised the Board of the surrounding businesses. Com. Coward stated, " that because this is in an enclave within the City of Ft. Pierce, and because of the fact that, if the petitioner had an interest in developing the property at a greater density, the petitioner would have to get water and sewer annexed into the city, he is reluctant to make a decision on land use not knowing what the City of Ft. Pierce -intends to do with the surrounding areas". Com. Barnes stated, " he was more inclines to approve the RM-9 because, if this was in the middle of the low density residential he would certainly re -zone, but he is having a hard time visualizing the area and understanding why higher density is not perfectly adequate next to the hotels and amusement parks, cracker barrel and the outlet mall". " It seems like a good place for it" . Com. Coward stated, " the land use designation from the City of Ft. Pierce for the surrounding area, not the commercial that we can already see, but, to the area that is currently single family, is also General Commercial. So, this enclave would essentially be completely surrounded by General Commercial use as per the land use map. He stated this issue should be addressed by the City of Ft. Pierce in directing the growth of this property especially if the density asked for is going to require annexation. It seems it should be Integrated into what they are doing as opposed to the County speculating and forcing a decision upon them". Com. Hutchinson pointed out the fact that the petitioner was not interested in developing the land and pointed out the various businesses and a. new hotel being developed in the area. Com. Hutchinson stated she concurred with Com. Barnes comments. Mr. DuPont confirmed the fact that he was not intending to build on the property, his intention was to sell it. However, he is having a difficult time with the present zoning and he felt his chances were better with the county than with the city since he was considered county. Com. Bruhn stated he also concurred with Com. Barnes with the RM-9 due, to the fact there presently is a lot of development going on in the area and it would benefit those who wish to live near the area where they work Mr. Charles Grande, Hutchinson Island resident, addressed the Board and stated there was an item which needed to be clear. That being, the cost of road paving for the development. An RM-5 would allow an additional 14 units of development on this property. The cost of paving the access to the property for the additional 14 units would be a very minimal impact for that development. He stated he felt the staff s recommen& ion on a compromised basis was an excellent one and should be considered. Com. Lewis stated that it sounds to her that if the re -zoning becomes an open matter it becomes annexed anyway. She feels they would not be causing a problem that could not be corrected as the process continues. Com. Coward stated that he agrees very much with the comments made by the Board members. The only problem is the level of density. He stated," if the nine (9) is approved and the city decides they wish to go with five (5), he highly doubts they will down zone through the transition. This may be more intense than what they wish to see in this area". He is uncomfortable with the Board providing such a larbe scale increase in density and not having any substantial feedback from the City. Staff advised the Board of the correction as to their recommendation which is not the same as it states on the agenda. -5- M EJ The County Attorney advised the Board that if they were inclined to proceed and approve the nine(9) units per acre, the Board would move approval of Resolution No. 99-191as drafted. If the Board is inclined to approve staff recommendation, which is five (5) units, the Board would need to approve 99-191 as amended to RM-5. Com. Coward stated he would prefer to see the Board approve staff recommendation as to the five (5) units per acre which he feels is a midpoint. Com. Barnes stated, " when you have an area such as this, he does not know why you would not maximize the land value" and he thinks you could do that by increasing the density. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve draft Resolution 99- 191; and, upon roll call, the vote was as follows: Nay: Coward; Aye's: Bruhn, Hutchinson, Barnes, Lewis; motion carried by a vote of 4 to 1. C. Resolution No. 99-024- PIPPIN TRACTOR- For consideration before the Board was staff recommendation to approve the resolution granting a Change in Zoning from the AR-1 Zoning District to the CG Zoning District. The Board accepted the staff report as part of the record. Mr. Patrick Ferland, representing the Petitioner, was present to answer any questions the Board may have. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Resolution No. 99- 024; and, upon roll call, motion carried unanimously. .41 D. Resolution No. 99-190- REAL STONE & GRANITE CORP.- For consideration before the Board was staff recommendation to approve the resolution granting a Conditional Use Permit to allow the manufacturing of cut stone and stone products in the IL Zoning District. The Board accepted the staff report as part of the record. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Resolution No. 99- 190; and, upon roll call, motion carried unanimously. E. Resolution No. 99-192- DOMINIC LIOCE- For consideration before the Board was staff recommendation to approve the resolution granting a Change in Zoning from the PUD Zoning District to the HIRD Zoning District. The Board accepted the staff report as part of the record. Mr. Greg Boggs, Lucido and Associates, addressed the Board on this issue. It was moved by Com. Coward, seconded by Com. Barnes, to approve Resolution No. 99-192; and, upon roll call, motion carried unanimously. 6. LEISURE SERVICES (1-2679) Coon Island Management Plan- For conside at ,,n beforQ the Board was staff recommendation to approve the management plan for Coon Island and forward it to the Land Acquisition and Management Council for approval of the Board of Trustees of the Internal Improvement Trust Fund. KIM fir►' E5 Com. Hutchinson questioned the management of the lands and co -ownership. Mr. Steve Fousek was present to address the Board's questions. Ms. Anna Smith, Asst. Mosquito Control Director, addressed Com. Hutchinson's question on who would take the lead role in the management of the lands according to Florida Statutes. Mr. Gary Cooper, resident, addressed the animal at the island and asked how it would affect them. Mr. Fousek addressed Mr. Cooper's question. It was moved by Com. Barnes, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY (1-3221) Ordinance No. 99-25- Title Loan Ordinance/Permission to Advertise- Consider staff recommendation to approve advertising the Title Loan Ordinance. The County Attorney addressed and reviewed the proposed ordinance. He advised the Board that the County may impose a countywide ordinance, however, the cities do have the right to opt out. The County Attorney suggested the Board direct staff to contact the City Attorney for both cities to see if they have any concerns with a countywide ordinance or if they desire to enact their own ordinance. Com. Barnes advised the Board that he has received several calls from residents who have found it difficult to re -pay the interest fast enough and he feels this is a real "SCAM". He also addressed the" Check Cashing" outlets which charge large fees. Ms. Jackie Dout, Asst. Attorney General, addressed the Board's questions. She stated that they are in agreement with Com. Barnes' remarks and feel that these types of services are all a part of "Predatory Lending " practices. They have a proposal, to present to the Legislature, to limit the fees and costs that can be charged for check cashing services. With regard to the Title Loan Services, she stated,"local government has a unique opportunity to do something to protect the consumers". Ms. Dout asked the Board consider very seriously adopting the ordinance which has already been adopted in 24 counties. Com. Bruhn stated he felt that government was going to the extreme. He asked if the interest rate is dropped to 30% will these businesses have to close. Ms. Dout stated she has information relative to the 30% limitation and has strong indications and evidence that it does not force people out of business . Com. Bruhn asked if there was a more reasonable number rather than just forcing them out of business. He stated "those who take out title loans are those who are not able to obtain financing through a bank and this should be considered". Ms. Dout advised Com. Bruhn, that this is not correct. The people who take out the title loans are not the poorest people, and they are not people who do not have the ability to re -pay. They are people who have a job and have the ability to re -pay a loan. There are those who do not have the best in credit, but, they are not those who are at the very bottom of the spectrum. -7- M M Com. Coward asked if there were other key issues the Board should be focusing on or is it consistent throughout the state. Ms. Dout, stated the appropriate level of what the" interest rate" should be is the most common and key issue. However, other issues being addressed are the disclosures which should be provided to the customers. Com. Bruhn asked if the advertising of the ordinance would be at the 30% level, and if so, he felt he could not vote it. The County Attorney stated they would be advertising it as the "Title" which would be the establishment of an interest rate, it could go up or down. It was moved by Com. Hutchinson, seconded by Com. Barnes to approve the advertising of the ordinance; and, upon roll call, motion carried unanimously. BOARD COMMENTS Com. Coward commented on the sewage spill into the Indian River Lagoon and requested the County Administrator give an update. The County Administrator gave an update on the problem. Pictures have been taken and from them it appears the spill has gone as far as the Vero Beach County line. Going south, it has gone as far as Ocean Village. The inlet was full of the sewage also. There will be a meeting regarding this serious problem tomorrow and he will be in a helicopter with various State Representatives as well as Local Representatives and will be touring the area. Immediate action has been taken' to close all county beaches. They will not re -open until they are sure the water is safe. They will have more information tomorrow. Com. Barnes suggested working with the city ai.d FPUA to try to basically shut down this plant once and for all. He would rather see the fine come to the local level in order to move the plant rather than it going to the State. Com. Lewis stated that she understands there are Federal Funds available to move these types of plants from the barrier islands . Com. Coward concurred with Com. Barnes' comments and stated he supports utilizing any fines for the purpose of re -locating these plants. He also requested that a protocol be set up with FPUA for any future problems regardless of the magnitude, and that they contact the county immediately so that the county can start pl.7tting people in place. The County Administrator advised the Board that there are protocol procedures in place. APPOINTMENT Com. Lewis requested the Board ratify her appointment, Judy Gersony to the Restudy Coordination Committee. It was moved by Com. Barnes, seconded by Com. Coward to ratify this appointment; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 8:55 p.m. Clerk of Circuit Court in Chairman Oi M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: ITEM NO. o?,09 DATE: October 26, 1999 REGULAR[X] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 99-265 - Proclaiming the month of November, 1999, as "DIABETIC EYE DISEASE AWARENESS MONTH" in St. Lucie County, Florida. BACKGROUND: There are approximately sixteen million Americans who have either Type I or Type H diabetes. All are at risk of developing sight -threatening eye diseases that are common complications of diabetes. The St. Lucie County Diabetes Coalition has requested that this Board proclaim the month of November, 1999, as Diabetic Eye Disease Awareness Month. The attached Resolution No. 99-265 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-265 as drafted. COMMISSION ACTION: fix] APPROVED [ ] DENIED [ ] OTHER: J County Attorney: Originating Dept. Dou)jlas Anderson County Administrator Review and Approvals Management 6 Budget Other: Finance: (Check for Copy only, if applicable) Purchasing : Other: Eff. 5/96 on M RESOLUTION NO. 99-265 A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER, 1999, AS "DIABETIC EYE DISEASE AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. There are approximately sixteen million Americans who have either Type I (juvenile onset) or Type II (adult onset) diabetes. All are at risk of developing sight -threatening eye diseases that are common complications of diabetes. 2. Although early detection and timely treatment can substantially reduce the risk of severe visual loss or blindness from diabetic eye disease, many people at risk are not having their eyes examined regularly to detect these problems before they impair vision. 3. The most common diabetic eye disease is Diabetic retinopathy. About half of the nation's estimated sixteen million people with diabetes have at least early signs of diabetic retinopathy. Of this group, about seven hundred thousand have serious retinal disease, with approximately sixty-five thousand Americans progressing each year to proliferative retinopathy, the disease's most sight - threatening stage. Annually as many as twenty-five thousand people go blind from the disorder, making it a leading cause of blindness among working -age Americans. 4. Cataract is another diabetic eye disease. A Cataract is an opacity of the eye's crystalline lens that results in blurring of normal vision. People with diabetes are twice likely to develop a cataract as someone who does not have the disease. In addition, cataracts tend to develop at an earlier age in people with diabetes, around late middle -age. 5. Glaucoma is another diabetic eye disease. This disease occurs when increased fluid 0n M pressure in the eye leads to progressive optic nerve damage. People with diabetes are nearly twice as likely to develop glaucoma as other adults. 6. It is important to realize that Cataract and Glaucoma also affect many people who do not have Diabetes. 7. This Board believes there is a compelling need to inform all people with diabetes about the need for dilated eye examination at least once a year to reduce the risk of blindness from diabetic eye disease. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of November, 1999, as "DIABETIC EYE DISEASE AWARENESS MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to have regular dilated eye examinations to reduce the risk of blindness from diabetic eye disease. PASSED AND DULY ADOPTED this 26`h day of October, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 0 M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: ITEM NO. :� 6 DATE: October 26, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 99-266a and Resolution No. 99-266b - Proclaiming the month of November, 1999, as "HOSPICE MONTH" in St. Lucie County, Florida. BACKGROUND: The Hospice of Martin & St. Lucie, Inc., along with the Hospice of the Treasure Coast, have requested that this Board proclaim the month of November, 1999, as Hospice Month in St. Lucie County, Florida. The attached Resolution No. 99-266a and Resolution No. 99-266b have been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-266a and Resolution No. 99-266b as drafted. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: County ?attorney: tk'l Originating Dept. CONCU NCE: ----_-_- Did u as Anderson County Administrator Review and Approvals Management 6 Budget Other: Purchasing : Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 RESOLUTION NO. 99-266a A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER,1999, AS "HOSPICE MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Hospice care is the most humane tradition of health service delivery in the United States, providing 24-hour palliative medical care and social, emotional, and spiritual services for the terminally ill, as well as support for the family. 2. Hospice care helps patients live fully during their final days by alleviating the fears associated with terminal illness such as dying in pain, alone, and as a burden to the family; and by enabling them to remain in the comfort and security of home or home -like settings. 3. More than 40,000 full-time professionals and 90,000 volunteers in association with an estimated 3,200 hospices work together to serve more than 390,000 individuals throughout the nation. 4. These dedicated men and women from a valuable network of end -of -life support in our nations's vast health care system and are deserving of special honor and appreciation for their many contributions. 5. An increase in public awareness and understanding of hospice care will better serve the families who are faced with a terminal illness in our community and help ensure that hospice services are a guaranteed benefit for all citizens. 6. The Hospice of Martin & St. Lucie, Inc. has joined the Hospice Association of America, the National Hospice Organization, and an estimated 3,200 hospice agencies, in declaring the month of November, 1999, as National Hospice Month and are calling on all Americans to observe this occasion with appropriate ceremonies and activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of November, 1999, as "HOSPICE MONTH" in St. Lucie County, Florida. 2. This Board encourages the citizens of St. Lucie County to support and participate in associated hospice programs now and throughout the year. PASSED AND DULY ADOPTED this 261 day of October, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY f Em RESOLUTION NO. 99-266b A RESOLUTION PROCLABIING THE MONTH OF NOVEMBER,1999, AS "HOSPICE MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Hospice care is the most humane tradition of health service delivery in the United States, providing 24-hour palliative medical care and social, emotional, and spiritual services for the terminally ill, as well as support for the family. 2. Hospice care helps patients live fully during their final days by alleviating the fears associated with terminal illness such as dying in pain, alone, and as a burden to the family; and by enabling them to remain in the comfort and security of home or home -like settings. 3. More than 40,000 full-time professionals and 90,000 volunteers in association with an estimated 3,200 hospices work together to serve more than 390,000 individuals throughout the nation. 4. These dedicated men and women from a valuable network of end -of -life support in our nations's vast health care system and are deserving of special honor and appreciation for their many contributions. 5. An increase in public awareness and understanding of hospice care will better serve the families who are faced with a terminal illness in our community and help ensure that hospice services are a guaranteed benefit for all citizens. 6. The Hospice of the Treasure Coast, Inc. has joined the Hospice Association of America, the National Hospice Organization, and an estimated 3,200 hospice agencies, in declaring the month a of November, 1999, as National Hospice Month and are calling on all Americans to observe this occasion with appropriate ceremonies and activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of November, 1999, as "HOSPICE MONTH" in St. Lucie County, Florida. 2. This Board encourages the citizens of St. Lucie County to support and participate in associated hospice programs now and throughout the year. PASSED AND DULY ADOPTED this 26' day of October, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY "%W M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: ITEM NO. a c DATE: October 26, 1999 REGULAR[X] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 99-264 - Proclaiming the month of October, 1999, as "HEAD START AWARENESS MONTH" in St. Lucie County, Florida. BACKGROUND: Head Start is a comprehensive, family oriented child development program for low-income families. It has been requested that this Board proclaim the month of October, 1999, as Head Start Awareness Month in St. Lucie County, Florida. The attached Resolution No. 99-264 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-264 as drafted. .- COMMISSION ACTION: ] APPROVED [ ] DENIED [ ] OTHER: County Attorney: �� Originating Dept. Finance: (Check for Copy only, if applical s Anderson Administrator Review and Approvals Post-W Fax Note 7671 Date I # of .. pages � To tee From-,�ICaA, f i-C.�r;_S t Co./Dept. Co. Phone # Phone # Fax # Fax # — 5, 96 01 M RESOLUTION NO. 99-264 A RESOLUTION PROCLAIMING THE MONTH OF OCTOBER, 1999, AS "HEAD START AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Head Start is a comprehensive, family oriented child development program for low-income families. 2. Since its establishment on May 18, 1965, Head Start has provided comprehensive health, educational, nutritional, emotional and social services to more than 822,316 children and their families. 3. Major research findings document the program's lasting positive effects on children, and the month of October has been designated National Head Start Awareness Month. 4. The Hill Haven, Lincoln Park, Franciana C. Duval, George W. Truitt Centers and the new Hill Haven H Center in Fort Pierce, along with the Morningside Center and Village Green in Port St. Lucie, will join more than 48,004 Head Start classrooms across the country for the purpose of promoting awareness and celebrating the accomplishments of Head Start. 5. The support of this community has made possible a local Head Start Program under the leadership of Mary T. Jones to service 554 children and their families in St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the month of October, 1999, is hereby proclaimed as "HEAD START AWARENESS MONTH" during their thirty-fourth birthday celebration in St. Lucie County, Florida. m ►m. PASSED AND DULY ADOPTED this 26' day of October, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: ITEM NO. - � DATE: October 26, 1999 REGULAR[X] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 99-263 - Supporting Permanent and Consistent Funding for Regional Planning Councils. BACKGROUND: Regional Planning Councils are required to perform numerous growth management, local technical assistance, and interlocal dispute resolution functions, as well as other important statutory duties in support of local initiatives. The attached resolution supports permanent and consistent funding for Regional Planning Councils and urges the Legislature support the Governor's budget recommendation for the appropriate dedicated funding on a recurring basis for the Regional Planning Councils in a total amount of $2.7 million as a line item in the Department of Community Affairs base budget. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-263 as drafted. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Tr Resolution language changed to read Lou4As Anderson This Board supports permanent, cons istegpuiltyAdministrator and substantially increased Review and approvals funding bN ;heate for Regional Planning Councils. County Attorney: Management s Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 0 RESOLUTION NO. 99-263 A RESOLUTION SUPPORTING PERMANENT AND CONSISTENT FUNDING FOR REGIONAL PLANNING COUNCILS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board recognizes the value added to the quality of life of the residents of St. Lucie County through the work of the Regional Planning Councils. 2. This Board fiuther recognizes that the Regional Planning Councils are required to perform numerous growth management, local technical assistance, and interlocal dispute resolution functions, as well as other important statutory duties in support of local initiatives. 3. This Board believes that not fully and consistently funding the Regional Planning Councils will adversely impact the quality of future growth, development, and interlocal relationships in South Florida as a whole. 4. Having to compete for funding annually out of dwindling revenue sources is not an efficient allocation of public resources and dedication of staff time and energy to support renewal of annual funding. NOW, THEREFORE, BE IT RESOLVED by th>Board ounty Co ssioners of St. Lucie County, Florida: S a 1. This Board supports permanent and- *w"tmt funding for Regional Planning Councils. 2. This Board urges that the Legislature support the Governor's budget recommendation for the appropriate dedicated funding on a recurring basis for the Regional Planning Councils in a total amount of $2.7 million as a line item in the Department of Community Affairs base budget. r 3. The County Administrator is hereby directed to distribute copies of this Resolution to the Honorable Jeb Bush; the Indian River, Martin, Palm Beach, and St. Lucie County Legislative Delegations; the Treasure Coast Regional Planning Council; and all St. Lucie County municipalities. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XX Vice -Chairman John D. Bruhn XX Commissioner Frannie Hutchinson XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 26 h day of October, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK ..s APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 'lillime `` 0 DOROTHY J. CONRAD, CFC ST. LUCIE COUNTY TAX COLLECTOR P.O. BOX 308 FORT PIERCE, FLORIDA 34954-0308 MAIN OFFICE: County Administration Bldg. } GpLL��,T 2300 Virginia Ave. Fort Pierce, FL 34982.5652 (561) 462.1650 Fax (561) 335-2006 G� IF Co October 26, 1999 Honorable Board of County Commissioners St. Lucie County Administration Annex 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Commissioners: PORT ST. LUCIE OFFICE: Village Green Center 9340 S. Federal Hwy. Port St. Lucie, FL 34952.2885 (561) 337.5600 Fax (561) 337.5624 Please accept our request that the St. Lucie County Board of County Commissioners order by majority vote to extend the 1999 tax roll pursuant to Florida Statutes 197.323 (1) which states "the board of county commissioners may, upon request by the tax collector and by majority vote, order the roll to be extended prior to completion of value adjustment board hearings". We appreciate your cooperation. gLucie 9tyTax 4 W N CXA FC St. llector DJC/pm Distribution: Chairman Paula Lewis Commissioner Cliff Barnes Commissioner John Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson County Administrator Doug Anderson County Attorney Daniel McIntyre REAL ESTATE AND PERSONAL PROPERTY TAXES • TOURIST DEVELOPMENT TAX • OCCUPATIONAL LICENSE • ALARM PERMITS Agents for DEPARTMENT OF MOTOR VEHICLESNESSELS • DEPARTMENT OF ENVIRONMENTAL PROTECTION (Hunting and Fishing) WE ARE HAPPY TO BE OF SERVICE TO YOU Ad Valorem Tax [1998 Florida Statutes 197.323 Extension of roll during adjustment board hearings, (1) Notwithstanding the provisions of s. 193.122, the board of county commissioners may, upon request by the tax collector and by majority vote, order the roll to be extended prior to completion of value adjustment board hearings, if completion thereof would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1. For any parcel for which tax liability is subsequently altered as a result of board action, the tax collector shall resolve the matter by following the same procedures used for correction of errors. However, approval by the department is not required for refund of overpayment made pursuant to this section. (2) A tax certificate or warrant shall not be issued under s. 197.413 or s. 197.432 with respect to delinquent taxes on real or personal property for the current year if a petition currently filed with respect to such property has not received final action by the value adjustment board. History.--& 156, ch. 85-342; s. 163, ch. 91-112. 10/22/99 STV%,;JCIE COUNTY - BOARD * 0 PAGE FZABWARR WARRANT LIST # 4- 16-OCT-1999 T0-22-OcT-1999 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 85,905.21 25,425.02 001001 Recreation Special Events 1.51 0.00 001126 Section 112/MPO/FHWA Planning 99/00 0.00 134.90 101 Transportation Trust Fund 1;267.72 0.00 101003 Transportation Trust/Local Option 14,613.90 0.00 102 Unincorporated Services Fund 799.20 0.00 102001 Drainage Maintenance MSTU 1,510.64 0.00 107 Fine & Forfeiture Fund 14,033.83 109.62 140 Port & Airport Fund 80958.21 0.00 160 Plan Maintenance RAD Fund 524.64 0.00 181 SLC Housing Finance Authority Fund 175.00 0.00 183209 Article V Trust for Criminal Court 4,203.00 0.00 185203 FHFA-SHIP 98/99 7,5OO.00 0.00 401 Sanitary Landfill Fund 3,082.80 0.00 418 Golf Course Fund 5,333.00 0.00 441 North Hutchinson Island Utilities 93.49 0.00 461 Sports Complex Fund 4,335.49 0.00 491 Building Code Fund 571.00 0.00 501 Automated Services Fund 919635.59 0.00 505 Health Insurance Fund 6,115.20 6,498.71 510 Service Garage Fund 7,738.97 0.00 611 Tourist Development Trust-Adv Fund 31.00 0.00 GRAND TOTAL: 258,435.40 32,166.26 cm �000000000000000000000000000000000000000000000000 mo00000000000000000000000000000000000000000000000 cno10000000000000000000000000000000000000000000000 N In r ri rn rn I H U N 010 �o U1Od�0001 OOD �oPOa1NOrINOI('101n OD 0101f10101l1000000a)0001 rl dl Oto d�0001M O 67 OIn 000ODO00000�. . . .d. d. . .aD lnNlo . 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Work Authorization #5 for architectural services related to renovation and expansion of St. Lucie County Booking Area and Sallyport was approved on June 19, 1998. A First Amendment for additional engineering services was prepared in the amount of $2,140. RECOMMENDATION: Staff recommends that the Board approve the First Amendment to the Work Authorization #5 in the amount of $2,140. MR r NICK DRAGASH ND:bk att. I FIRST AMENDMENT TO WORK AUTHORIZATION NO. 3 THIS FIRST AMENDMENT is made this day of 1999, between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "COUNTY"), and STEBBINS, SCOTT, & BERGMAN, ARCHITECTS, P.A., or his, its or their successors, executors, administrators, and assigns (the "ARCHITECT") - WITNESSETH - WHEREAS, on June 19, 1999, the County issued Work Authorization No. 3 whereby the Architect agreed to provide architectural services related to the renovation and expansion of the St. Lucie County Jail booking area; and WHEREAS, the parties have agreed to amend Work Authorization No. 3 to increase the amount of the total compensation to the Architect to include the cost of additional engineering services. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Amendment, it is agreed that Work Authorization No. 3 is hereby amended to increase the compensation to the Architect in the amount of $2,140.00 as set forth in Exhibit "A" (2 pages). IN WITNESS WHEREOF, the County has hereunto subscribed and the Architect has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: CLERK WITNESSES (1) V(2 ) C:\JWL\AGREE\STEBBIN_SCOTT-lA-WA3-99.WPD BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STEBBINS, SCOTT & BERGMAN, ARCHITECTS, P.A. BY: Name: Je,& Title: 19/21 S , STEBBINS, SCOTT & . BERGMAN ARCHITECTS. P.A. • #AAC001468 June 30, 1999 St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34950 Attn: Mr. Nick Dragash, Director Central Services M RE: Additions & Alterations to the St. Lucie County Correctional Center — Additional engineering cost Dear Nick, I request that our fees for this project be increased in the amount of $2,140.00 to cover the services of Sims Wilkerson Engineering, Inc. as stated in the enclosed letter dated January 27, 1999. If you need additional information please let me know. Sincerely, STEBBINS, SCOTT & BERGMAN, ARCHITECTS, P.A. Jack H. Scott Architect JHS:bja encl: letter. Sims Wilkerson Engineering, Inc. exhibit A D CENTRAL SERVICES ST LUCIE COUNTY. fLOR10A 2101 Sunrise Boulevard • Fort Pierce, Florida 34950 ' 561-464-3122 • Fax 561-464-5068 SIMS WI1 .RSON ENGIN INC. 407645�9 P.04 Sims Wilkerson Engineering, Inc. MEMORANDUM January 27,1999 To: Jack Scott Stebbins, Scott & Bergm From: Howard W. Sims Reference: St. Lucie County Rock Road Correctional Facility Booking and Classification Expansion and Renovations SWE # 98003 Subject: Additional Services Proposal Our original proposal for the referenced project did not anticipate any work is spaces outside the the scope of the renovation and no design services for any such work were included in the scope of that proposal. A copy of our proposal dated March 12, 1998, is included for reference. In our review meeting with the County staff it was determined that work outside the original scope of the project will be required. 'This work is as follows: 1. Relocation of the facility perimeter fence. This requires field investigation, design of the rework of the fence security system, and additional drawings and specifications. 2. Design of a complete addition to the tetephone and data cable systems including wiring, outlets, patch panels and terminals, and interface with outside central office lines in an electrical/telephone room remote from the renovation area. This reflects the County's changed requirements ! to have the telephone/data system additions provided as part of construction packages rather than be separately contracted for by the County. Site investigations and documentation a11d coordination with the County's information services staff and with BellSouth will be necessary. Additional drawings and specifications will be required. The engineering services required are outside of the scope and fees included in our original proposal. We therefore request authorization to provide these additional services for an additional fee of $2140.00. Please indicate your authorization be signing below and returning a copy of this proposal to us. STEBBINS, SCOTT & BERGMAN ARCHITECTS, P.A. Date - B 4S..---" � (Z 117 S Y END OF MEMORANDUM EXHIBIT A 1533 Howed Braac6 Road • Suite A-1 0 Wloter Paris, Florida 32799 • (407) 645-15" • Fa:: Wn "S-23" 0 `+w% TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT):rp-ntral Services ITEM NO.C-3 C, DATE: Octobef 26• 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT (x) PRESENTED BY: Nick Draaash SUBJECT: LEB Demolition - Old 7th Street Jail BACKGROUND: The Board approved Capital Project for the conversion of the Old 7th Street Jail Building to the County Document Storage. Interior demolition is a portion of this project. The demolition is necessary to provide the maximum useable space for document storage. PREVIOUS ACTION: Continuing Contract with LEB Demolition (C97-03-384) FUND AVAIL.: 315-1930-546200-150097 Main. Improvement Project for Old Ft. Pierce Police Station County Building Fund RECOMMENDATION: Staff recommends Board approval of the Work Authorization for LEB Demoltion in the amount of $15,650. [ X ] APPROVED [ ] OTHER: County Atty:() Purchasing:() [ ] DENIED Review and ApproWero Management & Budget: (x Origin. Dept:() O Eff. 6/3/96 Doug derson ou y Administrator *%W `40 MEMORANDUM CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Nick Dragash, Manager, Central Services DATE: August 24, 1999 SUBJECT: AGENDA REQUEST LEB Demolition - Old 7" Street Jail BACKGROUND: The Board approved Capital Project for the conversion of the Old 7`h Street Jail Building to the County Document Storage. Interior demolition is a portion of this project. The County has entered into a continuing contract with LEB Demolition (#C97-03-384) The demolition is necessary to provide the maximum useable space for document storage. RECOMMENDATION: Staff recommends Board approval of the Work Authorization for LEB Demolition in the amount of S 15,650. NICK DRAGASH ND:bk att. M E5 WORK AUTHORIZATION NO. 9 Master Contract No. C97-03-384 Pursuant to that certain Agreement Between St. Lucie County (the "County") And Consultant dated Hwch 25, 1997 for • St. Lucie Corm and . •. (the -Consultant"). onsu an agrees to�pertorm and successfully complete the scope of workk as set forth in the Consultants contract in the amount of: $15,6501 attached hereto and made a part hereof as Exhibit A an a ounty agrees to compensate the Consultant as set f rth in Exhibit "A All work under this Work Authorization No. $ shall be completed on or before: Bey 1, 1999 appropria e or re er to schedule in Exhibit A i , f IN WITNESS WHEREOF, the County has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the da'Ces below. ST. LUCIE COUNTY, FLORIDA ESY: BY: DATE: WITNESSE! WITNESSES: DATE: County Administrator CONSULTANT AMWM At TO FORM BY AW7 .. • MY! T Aromi EXHIBIT "A DATE: July 20, 1999 WORK AUTHORIZATION NO.: 9 PROJECT NAME: Dan Uti,on of 7th Street Jail interior. (See Attached) FIRM: L.E.B. Demolition & Consulting Cons=actors, Inc. TIME OF PERFORMANCE: Completed by .Dec" 11 1999 SCOPE OF WORK: - Dewlition interior of 7th Street Jail. See attached. r r '..E.S. DEMOLITION & CONSULTING '�•+' CONTRACTORS INC. ,40 12805 SOUTH INDIAN RNER DRIVE JENSEN BEACH,, FLORIDA 34957 TELEPHONE: ('407) 2294575 Fax (407) 229-3036 July 19, 1999 ST. LUCIE COUNTY COMH'i.'RITY DEVELOPMENT 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Mike Dureete RE: DEMOLITION PROPOSAL - L.E.S. DEMOLITION, IVC. PR1?pOSES TO FURNISH ALL LABOR AND EQUIP`IENT FOFi TR'E DEM01ITION WOU. TO BE DONE AT THE REFERENCED JOB ADDRESS. WE AGREE TO LOAD A13 HAUL ALL MATERIALS TC A PRO?ER LANDFILL. LCCAT:GV: 7th S "D"•Street - rear of fire house. SCOPE OF WORK: DEMOLITION, LOADING, HAULING AND REl';OVAL OF JAIL CELL STEEL, NON BEARING WALLS, CEILING, DOORS, WINDOWS AND TRASH, EXCLUSIONS: ALL UTILI1"Y DISCONNECTIONS ALL DAXAGE TO UTILITIES, 011123EAD OR UNDERGROUND ANY AND ALL HAZARDOUS AND TOXIC WASTE L.E.B. 0EMOLITION, INC. RESERVES ALL SALVAGE RIGRTS TO PRO?ERTY. We hereby proposes to furnish labor and materials - Complete in accordance wta the above spec:ficatiens, for the Sum of; FIFTEEN THO'JSAND, SIX HUNDRED, FIFTY AND 00/100 **=***Dollars 1 $IS.hSC.00 ) Pa; ent to be made upcn cccnp r. ° of det1^lit� �. Authorized Signature;, 1(!^,,�•''1.� %�=�1 Sp`;Trea;. i� ACCEPTANCE OF PROPOSAL ACCEPTED: SIGNATUPE DATE. SIGNATURE � 1 074V• 1 ITEM NO. C-3,d DATE: October 26, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Nick Dragash SUBMITTED BY(DEPT):Centra rvi s SLrBJECT: Engineering Services for Natural Gas Installation Rock Road Jail BACKGROUND: Fort Pierce Utilities Authority (FPUA) has notified the County that it will provide natural gas service to Rock Road Jail at no cost to the County FUND AVAIL .: 316 -194 0 - 5 62005 -2611 - County Capital Fund Building Consulting Engineer RECOMMENDATION: Staff recommends that the Board approve the Work Authorization for engineering services (Sims Wilkerson Engineering, Inc.) Required to provide plans and specifications to replace electrical appliance, which include hot water boilers, kitchen equipment, etc. with natural gas applliances. Fees to be paid Sims Wilkerson are: Part 1 total, $18,000. (See attached Exhibit A). [X ] APPROVED [ ] DENIED [ ] OTHER: /anaerson y Administrator Review and )proval County Atty:(.) Management & Budget: (A) Purchasing:() Origin. Dept:() Other:() `"0 MEMORANDUM CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Nick Dragash, Manager, Central Services DATE: October 15, 1999 SUBJECT: AGENDA REQUEST ENGINEERING SERVICES FOR NATURAL, GAS INSTALLATION ROCK ROAD JAIL BACKGROUND: Fort Pierce Utilities Authority (FPUA) has notified the County that it will provide natural gas service to Rock Road Jail at no cost to the County RECOMMENDATION: Staff recommends that the Board approve the Work Authorization for engineering services (Sims Wilkerson Engineering, Inc.) required to provide plans and specifications to replace electrical appliances, which include hot water boilers, kitchen equipment, etc. with natural gas appliances. Fees to be paid Sims Wilkerson are: Part 1 total, $18,000. (See attached Exhibit A) NICK DRAGASH ND:bk att. M M WORK AUTHORIZATION Engineering Services Natural Gas Installation - St. Lucie County Correctional Facility Pursuant to that certain Agreement Between County And Consultant for Continuing Professional Engineering Services (the "Agreement") between St. Lucie County (the "County") and Sims Wilkerson Engineering, Inc. (the "Engineer") dated January 29, 1998, Engineer hereby agrees to provide professional engineering services under the terms and condition, for the compensation, and according to the schedule set forth in Exhibit "A". IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization, effective this day of 1999. WITNESSES: C:\JWL\AGREE\SIMS_WILKERSON-WAb.WPD BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 47 :By: Print Name: G-p� Title: Oct-07-99 11:36A SIMS WILKERSON ENGIN INC. 4076452399 P.01 Post-W Fax Note v41jT 1 Date 0 Z Zo,► To Mike From CoMaPt. Co. Sims Wilkerson Engineering, Inc. FEE PROPOSAL August 5,1999 To: Board of County Commissioners St. Lucie County, Florida Attention: Mr. Mike Durette, Central Services From: Howard W. Sims, P.E. k4�� Reference: Natural Gas Installation St. Lucie County Correctional Facility Subject: Fee Proposal for Engineering Services This fee proposal is submitted as a Work Authorhation pursuant to the Agreement between St. Lucie County (the "County") and Sims Wilkerson Engineering, Inc. (the "Consultant") for Continuing Professional Engineering Services, dated January 29, 1998. The work is grouped into two parts. Part 1 includes the Preliminary Phase and the Construction Documents Phase. Part 2 includes Bidding and Negotiations and Construction Administration. L We anticipate that the County will authorize Part I immediately with funds currently budgeted. Part 2 would be authorized separately after October 1, 1999 when the bidding and construction phases would begin. Approval of Part 1 is requested at this time. SCOPE OF PROJECT 1. The Fort Pierce Utilities Authority (FPUA) ;has notified the County that FPUA will be in a position to provide natural gas service to the County's Correctional Facility on Rock Road. The FPUA has stated that they do not anticipate requiring a customer Contribution In Aid,.of Construction (C1AC) contingent upon replacing 13 electric "boilers" (water heaters) with natural gas -fired "boilers" (water heaters). 2. The County desires to replace the electric water heaters with natural gas -fired water heaters. The County also desires to replace other electrical appliances with gas equipment as is feasible in order to take advantage of the lower operating costs of gas appliances. These other appliances are the dryers in the laundry and certain kitchen equipment. 3. It is anticipated that several electric water heaters will be replaced by one or more central gas -fired water heaters to be placed in a new heater room to be constructed abutting the existing building outside the kitchen -laundry area. Other water heaters would be replaced, probably on an individual basis. Page 1 of 4 1555 Howell Branch Road a Suite A-1 a Winter Park, Florida 32789 a (407) 645-1566 • Fax: (407) 645-2399 EXHIBIT A (1 of 4) Oct-07-99 11:37A SIMS WILKERSON ENGIN INC. 4076452399 P.02 4. Replacement of certain kitchen equipment may require modifications to, or replacement of, exhaust hoods and supply and exhaust -Fans. 5. Electrical and plumbing modifications and additions will be required. SCOPE OF WORK - Part 1 A. Preliminary Phase 1. Site investigation and documentation to identify electrical equipment that can be replaced with gas equipment. 2. Prepare an opinion of probable construction costs for replacing electrical equipment (water heaters, dryers. kitchen equipment) with gas -fired equipment. 3. Review the impacts on operating costs and on other building equipment and operations. 4. Prepare an analysis and memorandum report that will allow the County to decide which of the equipment besides the water heaters to replace. 5. Meet with the County to review options and determine the equipment to be replaced. It is anticipated that the meeting would include representatives from Central Services and the correctional facility's administrative, maintenance, and kitchen staff. B. Construction Documents Phase 1. Prepare plans and specifications suitable for bidding, permitting, and construction for mechanical/electrical/plumbing (MiE/P), equipment, and architectural work required. 2. Coordinate with FPUA for bringing; natural gas to the locations required. 3. Review the documents with the County's staff. SCOPE OF WORK - Part 2 C. Bidding Phase 1. Assist the County in preparing tb: Invitation to Bid, participate in a pre -bid conference with bidders, issue addenda as required, evaluate bids, and make recommendations for award of constriction contract. Page 2 of 4 1555 Howell ©ranch Road • Suite A-1 • Winter Park. Florida 32799 • (4071 645-1566 0 Fax: (4M) 645-2399 Oct-07-99 11:37A SIMS WILKERSON ENGIN INC. 4076452399 P.03 D. Construction Administration 1. Conduct pre -construction conference. 2. Review shop drawing submittals. 3. Office engineering and responses to contractor's requests for information. 4. Visit the site as the Consultant deems appropriate during construction to observe the progress of the work and general conformance with the construction documents. A maximum of six (6) site visits is anticipated. 5. Review the Contractor's periodic requests for payment. 6. Review operation and maintenance (O&M) manuals submitted for the new equipment. 7 Make a Substantial Completion survey of the work 8. Make a Final survey of the completed work. FEES TO BE PAID 1. For the Scope of Work outlined above, the Consultant shall be paid as follows. Part 1 A. Preliminary Phase .................................. $ 5,660 B. Design Phase ...................................... $11,840 C. Allowance for Expenses .............................. $ 500 Part 1 Total .................................. $18,000 Part 2 D. Bidding Phase ..................................... $ 1,440 E. Construction Administration ............................ $ 7,630 F. Allowance for expenses ............................... $ 1.830 Pan 2 Total .................................. $10,600 Page 3 of 4 1555 Howell Branch Road - Suit A-1 • Winter Park, Florida 32789 • (407) 645-1566 • Fax: (407) 645-2399 tFZ�uN ENZ;I1N INC. 4076452399 P-05 t 'low .SUPPLEMENTAL EWORMATION The Engineer anticipates retaining the following subconsultants for the project. . •r �ti A. Architect: Stebbins, Scott & Bergman, Architects, P.A. 2101 Sunrise Boulevard Fort Pierce FL 34950 B. Food Facilities Design (Kitchen Consultant): Total Design Consortium Mr. Melvin C. Welch 120 Broadway Pioneer Plaza, Suite 120 Kissimmee, Florida 34741 The Engineer has been teamed with both of these consultants on prior projects for the School Board of Saint Lucie County and has worked with them separately on other projects. Costs for their services are included in the amounts stated above. LIlVQTATIONS AND EXCLUSIONS Neither the professional activities of the Consultant, nor the prmcnce of the Consultant or his or her employees and subconsultants at a construction site,, shall liv contractor -ate •ftho of their obligations, duties and responsibilities including, ut not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract d and any health or safety precautions required by any regulatory a encies enner persovMaFauthority to excreme-an"on ove ttvcao act otherl-n-617y or their employees in connection -with their work man l tiQm, &44D agrem thanthe-cona=tor,is solely -responsible 1 be nwde evidenr-in the -Co or. T13e-6ettaty-also- tha o ! l�dessai€ed-and tonal insured under the contractor's general liability insurance -policy. COIVAU NCEMMNT The work included in Part 1 will commencr, when the Consultant receives a Rork Authorization from the County. END OF FEE PROPOSAL Page 4 of 4 1533 Howdl Brart6 Road • Suite A-1 0 Winter Park, Florida 32M • (/0f) yt3-1366 • Fax' On 6 --.2399 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): LEISURE SVCS./GOLF :OURSE. ITEM NO. REGULAR [ l PUBLIC HEARING [ J CONSENT [ X l PRESENTED BY: SUBJECT: Request Sole Source status for requested vendors at Fairwinds Golf Course. BACKGROUND: Board of County Commissioners opened the first municipal golf course In 1992 in St. Lucie County. Fairwinds Golf Shop became responsible for the purchase and resale of golf merchandise to include sole source item; from Callaway Golf Clubs/Accessories Taylor -Made Golf Clubs/Accessories, and Titlelist Golf Division. FUNDS AVAILABLE Novelties - 418-726) PREVIOUS ACTION: On October 13, 1998 the Board approval a request for Sole Source status of Callaway Golf Clubs/Accessories, Taylor --Made Golf Clubs/Accessories, for the remainder of Fiscal Year 1998-99. RECOMMENDATION• The Leisure Services Fairwinds Golf Course staff recommends that the Board of County Commissioners approve the following requests as Sole Source providers: 1. Recognize distributors of Callaway Golf Clubs/Accessories, Taylor - Made Golf Clubs/Accessories, and Titlelist Golf Division as a Sole Source provider for their respective brand of golfing merchandise to be resold at Fairwinds Golf Shop. 2. Approve a purchasing level of not more than $25,000 for each declared Sole Source provider, October 1, 1999 through September 30, 2000. [ X ] APPROVED [ l DENIED [ ] OTHER: X)Management 6 Budget X) Purchasing: f : J Dou/91# Anderson County Administr o X) Leisure Services/Gol:: `W0 t LEISURE SERVICES DEPARTMENT Fairwinds Golf Course MEMORANDUM TO: Board of County Commissioners FROM: Michael Leeds, Leisure Services Director VIA: Timothy Coolican, Golf Course Head Professio DATE: October 13, 1998 RE: Fairwinds Golf Course Sole Source Distributors In 1992 the Board of County Commissioners opened the first municipal golf course in St. Lucie County. Along with the responsibility of operating -the golf course play, a golf shop was established. This included a formulation and implementation of a yearly merchandise buying plan that would meet customer needs. This plan would include the resale of golf shop merchandise on a retail basis. Distributors such as Callaway Golf Clubs/Accessories, Taylor -Made Golf Clubs/Accessories, and Titlelist Golf Division are sole source providers for their respective brand golfing merchandise. Due to the demand for these particular golf clubs and accessories, we are exceeding the purchase level of $10,000. Therefore, because of the Sole Source status of these distributors, it is considered necessary to approach the Board asking consideration and approval of a higher purchasing level under the Sole Source criteria. RECOMMENDATION: The Leisure Services Fairwinds Golf Course staff recommends the Board of County Commissioners approve the following requests for Sole Source providers: 1. Recognize distributors of the following vendors as Sole Source providers for their respective brand golfing merchandise.: A. Callaway Golf Clubs/Accessories B. Taylor -Made Golf Clubs/Accessories C. Titlelist Golf Division 2. Approve a purchasing level of not more than $25,000 for each Sole Source provider, October 1, 1999 through September 30, 2000. cm CM AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Leisure Services SUBJECT: 199 Millennium Dance- Civic Center ITEM NO. C- 11 e DATE:10/26/99 REGULAR [] PUBLIC HEARING [ ] CONSENT [xx] PRESENTED BY: Mike Leeds BACKGROUND: The Department of Leisure Services wishes to enter into an agreement with St. Lucie Battery and Tire and the Country Store restaurant for a dinner -dance in the Civic Center on New Year I s Eve. The agreement states that Leisure Services will receive 20% of the net receipts or the standard rental fee of $1,250 as compensation for marketing and promotional services. (See attached promotional package). The other parties will supply food, beverages, security and entertainment. They will carry all required insurances for the activities provided. The goal is to sell at least 2000 tickets for this event. This agreement differs from the standard Civic Center agreement because it contains a stipulation that County staff will participate in promoting the event. The percentage of net receipts (20%)is also higher than in the standard lease (12%). There are also other charges in the Civic Center agreement for equipment rental, concessions rights, catering, box office personnel, late charges and personnel which are not included in the agreement drafted. Leisure Services hopes to increase the income it would ordinarily receive on this event by structuring this agreement in this manner, and anticipates entering into this kind of relationship with other businesses in the future. FUNDS AVAIL.: RECOMMENDATION: Staff recommends approval of the rental agreement with St. Lucie Battery and Tire and the County Store restaurant and implementation of the promotional plan for the '99 Millennium Dance in the Civic Center. T COMISSION ACTION: CONCURRENCE: [ J APPROVED [ ] DENIED , [ X J OTHER: ._ Pulled by Leisure Services prior to meeting. Do 1 M. Anderson County Administrator Review and Anvrovals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check or Copy only, if applicable)_ Eff. . 5/96 '%01' PROMO PACKAGE Millennium Dance at Civic Center ' L Flyers (mailed, faxed, & posted) A. SLC mailing list B. Dominic's mailing list C. Chambers mailing list D. Cattleman's mailing hst(Okeechobee) E. Distributed in pay checks 1. SLC employees(includes Sheriffs department) 2. Ft. Pierce Utilities Authority 3. City of Ft. Pierce Employees 4. Lawnwood Hospital F. Posted in 1. I.RC.C. 2. Teacher's loun.ge(St. Lucie County Schools) 3. Local businesses 4. Ft. Pierce retirement communities S. Civic Center Marque IL Verbal communication A. Speak of event at upcoming homeowners meeting B. A.W. Cappar, promote: on Box Office updates III Radio promotions A. P.S.A. on all radio stations B. Community Calendars C. Community talk shows 1. WPSL 2. I.RC.C. radio station 3. WAVW IV. Television A. Rolling marque 1. WBS(channel2) r 2. School Board (;channel 13 &20) 3. Mention on wexidy sport scene V. Newspaper A. Area Briefs, Weekender, Community Events 1. Tnbmme 2. Vero Beach Press Journal 3. Forum ' 4. Ft Pierce News S. Spodight M MEMORANDUM TO: Dan McIntyre, County Attorney THRU: Mike Leeds, Leisure Services Director FROM: Patti Raffensberger, Special Facilities Manager DATE: October 15, 1999 SUBJECT: Contract Request Attached is a contract request for the New Year's Eve dinner -dance to be held in the Civic Center. In addition to the information requested on the form, we are providing you with other items that have been discussed with the parties involved. You may or may not need all of this, but we felt it should be included just in case. -The county will receive 20% of net receipts or $1, 250 whichever is greater in -exchange for promoting and marketing this event. -The vendors will supply all food, beverages and entertainment. -The vendor will make arrangements for security personnel. -The vendor will carry all required insurances as specified by the County's Risk Manager. -The vendor will pay the cost of printing tickets for the event. The Civic Center Box Office will be: one of the locations selling tickets. -All monies collected will be picked up by the vendor and deposited in a bank account established by therm. -The vendor will subcontract with other businesses to provide other services as desired. Examples are T-shirt sales, flower sales, and a photographer. If you need other information, please contact me at x1528. M V CAPITAL CONTRACT REQUEST 1. Full business name and address of contractor: ST. LIICIE BATTERY & TIRE COUNTRY STORE SUB SHOP 5500 ORANGE AVENUE 5520 ORANGE AVENUE FT. PIERCE, FL 34947 FT. PIERCES FL 34947. 2. Type of business: z corporation, _ partnership, g_ sole proprietor, _ other. 3. County Project Manager: PATTI RAFFENSBERGER Phone No. ( 561 ) 462-1528 Contractor Project Manager: DOMINICK COLLURA Phone No. ( 561 ) 461-5097 4. General Description of Work (i.e., install new roof on the St. Lucie County Civic Center): PREPARE CONTRACT TO ENTER INTO AN AGREEMENT TO HOLD A NEW YEARS EVE PARTY AT THE ST. LIICIE COUNTY CIVIC CENTER WITH ST. LIICIE BATTERY AND TIRE AND THE COUNTRY STORE SUB SHOP 5. For contracts awarded pursuant to formal sealed bids attach copy of County's "Request for Bids" and a copy of the bid package submitted by the contractor. 6. For all other contracts attach copy of "proposed scope of work" submitted by contractor. 7. Public Construction Bond: yes, _ no. Amount: $ N / A 8. Days to begin work after "Notice to Proceed" : N/A -1-- 9. 10. 11. 12. 13. `` of `40, Days to complete work after "Notice to Proceed" : N / A . Amount of delay damages: $ NSA per day. Total amount of contract price: S N / A . Contract payment: z full payment upon completion, monthly progress payments. SpecialInsttuctlons: SEE ATTACHED MEMO AND AGENDA REQUEST 14. Date requested: 10 / 15 / 9 9 Date needed: ASAP— WOULD LIRE TO HAVE FOR TUES . MEETING 10/ 26/ 99 Requested by: Patti Raffensberge:r G: VIM\FORMS\K-REQUES REV. 6/23/98 -2•- **NOV AGENDA REQUEST *00' ITEM NO. C-5-A DATE: October 26, 1999 REGULAR[] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Approve the Auction Contract with Karlin Daniel & Associates, Inc. BACKGROUND: On September 28,1999 the Board of County Commissioner approved the request to participate in the auction on November 6, 1999 in conjunction with the St. Lucie County School Board. Attached is the agreement with Karlin Daniel & Associates, Inc. FUNDS AVAIL.: NIA PREVIOUS ACTION: September 28, 1999 Permission to participate in auction RECOMMENDATION: Staff recommends award of the auction contract to Karlin Daniel & Associates, Inc. and authorization for the chairman to sign the contract. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: County Attorney: Coordination/Signatures Mgt. & Budget: Originating Dept: Other: Finance: (Check for Copy only, if Applicable) g Anaerson Administrator Purchasing Mgr.: P -81 Other: Eff. 1 /97 H,\WP\AGENDAS\OTHER\Auction 99.wpd `'ftool AGENDA REQUEST Vol ITEM NO. 9-5-C DATE:September28,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT M TO:_ BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Dispose of Surplus at Auction BACKGROUND: On November 6, 1999 the St. Lucie County School Board will be holding an auction to dispose of surplus assets. Staff requests permission to dispose of the Boards surplus assets at that auction. FUNDS AVAIL.: N/A PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends approval for the request to participate in the November 6, 1999 auction on St. Lucie County School Board property. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: County Attorney Originating Dept~ Finance: (Check for Copy only, if Applicable) XX Coordination/ S icmatures Mgt & Budget Other. Administrator n Purchasing Mgr.:(X) cel� Other Eff.1/97 A:\4iP\AC.'T7T)AR\CITRFA\l t -� Crhnnl anrrin" .-A Karma Daniel & Associates, I,, — 50 SE Kindred Street • Suite 103 • Stuart, Florida 34994 • (561)220-2557 - FL# AB878-AU1207 AUCTION AGREEMENT This AUCTION AGREEMENT, made and entered into this day of October 19 99 by and between St. Lucie Count Board of County Commissioners of 2300 Virginia Avenue Ft. Pierce Florida hereinafter referred to as "SELLER" and KARLIN DANIEL and ASSOCIATES, Inc. Auctioneers, Real Estate Brokers, and Yacht Brokers, hereinafter referred to as "AUCTIONEER". For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Seller does hereby give Auctioneer the exclusive right to sell at public auction the following described real and/or personal property, to wit: Obsolete and surplus propert see attached list Auction location: 2909 Delaware Ave. Ft. Pierce Florida The Seller does hereby agree to pay to the Auctioneer for its services in conducting said sale a fee of N/A percent of the highest and last bid, made and taken on said real property, notwithstanding the owners refusal or inability to transfer title to said property, and N/A percent of the net bid(s) on said personal property. The fee is to be paid out of first proceeds received from the sale. In no event shall the total fee be less than as stated due and payable the day of sale. However, the fee may be deducted from the Seller's funds at closing in the event Auctioneer elects to delay payment. This auction (is) ic4a_n9t4- subject to a 10% Buyer's Premium; and in the event the Buyer's Premium is a term at the auction, all references herein to highest and last bid shall include said Buyer's Premium. The Seller hereby agrees to pay the following auction expenses over and above the fee percentage stated above: -0- Advertising $ -0- Survey $ -0- Tent $ -0- Auction Set-up $ Repairs $ -0- Catering $ -0- Other $ -0- The Seller warrants that (1) it (is)(ar-e) the sole and legal owner(s) of all the real and/or personal property mentioned in this agreement; (2) the real and/or personal property is free from any and all liens, adverse claims, encumbrances, concealed physical defects and any environmental problems as defined by Federal or State law except as listed in this paragraph; and (3) it (has)e) full authority to sell and to dispose of said property in accordance with this agreement and will give marketable title to said property. The Auctioneer agrees to use its best efforts to obtain the best possible price of said property and to do all things necessary to effect such sale. It is understood and agreed that the Auctioneer by this agreement assumes no liability for the loss by fire, theft, destruction or damage to the property to be sold or to the premises where the sale is to be conducted or for any losses or deficiencies caused by insufficient funds on any checks received for payment for any property sold. The terms of the above mentioned sale are in accordance with terms and conditions of Martin County contract #RFP 65-98, renewed 7/23/99, and as follows: Everything sells " AS IS WHERE IS " . payment made in cash cashier's check or check with bank letter of guarantee A 10t buyer's premium shall be charged and retained by auctioneer as fee for services Settlement of auction proceeds will be on the 10" banking day following the auction. In the event that the terms of this auction require an earnest money deposit, and the purchaser at auction then defaults, the earnest money deposit will be divided equally between the Seller (as damages) and the Auctioneer (as fee). In no event shall the auctioneer receive more than the fee shown above. The Auctioneer shall also receive accrued interest on any escrowed funds. This Agreement is binding upon the parties hereto and their heirs, successors and assigns. Seller hereby agrees that any suit, action or legal proceeding arising out of or relating to the auction shall be brought solely and exclusively in the courts of the State of Florida in and for St. Lucie County, Florida, consents to the jurisdiction of such court in any suit, action or proceeding and waives any objection which it may have to the laying of venue of any such suit, action or proceeding in such court. Further, the parties acknowledge and agree that this Auction Agreement and all transactions contemplated by this Auction Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida without regard of principles of conflicts of laws. In the event that Auctioneer is required to take any action to enforce the terms of this Auction Agreement, the prevailing party shall be entitled to recover all of their reasonable attorneys' fees and costs. Reasonable attorneys' fees shall include those fees incurred (a) before, during and after litigation, including those incurred in attempting collection without litigation, (b) in litigating in all trial and appellate levels, (c) in any bankruptcy proceeding and (d) in any post -judgment proceeding. SELLER DOES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS AUCTION AGREEMENT OR THE AUCTION ITSELF. All parties signing this Auction Agreement in any representative capacity represent that they have the authority to sign on behalf of such party or entity. Said Auction is to be conducted on the 6`" day of November , 19 99 at 10:00 a.m./nr Property taxes will be N/A The real estate listed herein is being sold on a(n) N/A basis. The personal property listed herein is being sold on a(n) ABSOLUTE basis. WE HAVE READ THE ENTIRE CONTENTS OF THIS AGREEMENT, UNDERSTAND FULLY THE CONTENTS THEREOF, ACKNOWLEDGE RECEIPT OF A COPY OF SAME. We are not relying upon verbal statements not contained herein. SS# SELLER SS# SELLER AUCTIONEER: KARLIN DANIEL & ASSOCIATES, INC. By / Kal, n Daniel & Associates, '�. 50 SE Kindred Street - Site 103 • Stuart, Florida 34994 • (561)220-2557 • FL# AB878-AU1207 AUCTION AG I REEMENT This AUCTION AGREEMENT, made and entered into this Z�p7day of October , 19 99 by and between St Lucie County Board of County Commissioners of 2300 Virginia Avenue Ft. Pierce Florida hereinafter referred to as "SELLER" and KARLIN DANIEL and ASSOCIATES, Inc. Auctioneers, Real Estate Brokers, and Yacht Brokers, hereinafter referred to as "AUCTIONEER". For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Seller does hereby give Auctioneer the exclusive right to sell at public auction the following described real and/or personal property, to wit: Obsolete and surplus property (see attached list) Auction location: 2909 Delaware Ave. Ft. Pierce Florida The Seller does hereby agree to pay to the Auctioneer for its services in conducting said sale a fee of N/A percent of the highest and last bid, made and taken on said real property, notwithstanding the owners refusal or inability to transfer title to said property, and N/A percent of the net bid(s) on said personal property. The fee is to be paid out of first proceeds received from the sale. In no event shall the total fee be less than as stated due and payable the day of sale. However, the fee may be deducted from the Seller's funds at closing in the event Auctioneer elects to delay payment. This auction (is) (is not) subject to a 10% Buyer's Premium; and in the event the Buyer's Premium is a term at the auction, all references herein to highest and last bid shall include said Buyer's Premium. The Seller hereby agrees to pay the following auction expenses over and above the fee percentage stated above: Advertising $ -0- Survey $ -0- Tent $ -0- Auction Set-up $ -0- Repairs $ -0- Catering $ -0- _Other $ -0- The Seller warrants that (1) it (is)�) the sole and legal owner(s) of all the real and/or personal property mentioned in this agreement; (2) the real and/or personal property is free from any and all liens, adverse claims, encumbrances, concealed physical defects and any environmental problems as defined by Federal or State law except as listed in this paragraph; and (3) it (has)(have) full authority to sell and to dispose of said property in accordance with this agreement and will give marketable title to said property. No liens exist. 3:t: ig undqrst-g9d and agrcega that none of the prcepe ty herq4n 149ted for sale shall be W drawn frem t"Is The Auctioneer agrees to use its best efforts to obtain the best possible price of said property and to do all things necessary to effect such sale. It is understood and agreed that the Auctioneer by this agreement assumes no liability for the loss by fire, theft, destruction or damage to the property to be sold or to the premises where the sale is to be conducted or for any losses or deficiencies caused by insufficient funds on any checks received for payment for any property sold. The terms of the above mentioned sale are in accordance with terms and conditions of Martin County contract #RFP 65-98, renewed 7/23/99, and as follows: Everything sells AS IS WHERE IS payment made in In the event that the terms of this auction require an earnest money deposit, and the purcnaser aL auction then defaults, the earnest money deposit will be, divided equally between the Seller (as damages) and the Auctioneer (as fee). In no event shall the auctioneer receive more than the fee shown above. The Auctioneer shall also receive accrued interest on any escrowed funds. This Agreement is binding upon the parties hereto and their heirs, successors and assigns. Seller hereby agrees that any suit, action or legal proceeding arising out of or relating to the auction shall be brought solely and exclusively in the courts of the State of Florida in and for St. Lucie County, Florida, consents to the jurisdiction of such court in any suit, action or proceeding and waives any objection which it may have to the laying of venue of any such suit, action or proceeding in such court. Further, the parties acknowledge and agree that this Auction Agreement and all transactions contemplated by this Auction Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida without regard of principles of conflicts of laws. In the event that Auctioneer is required to take any action to enforce the terms of this Auction Agreement, the prevailing party shall be entitled to recover all of their reasonable attorneys' fees and costs. Reasonable attorneys' fees shall include those fees incurred (a) before, during and after litigation, including those incurred in attempting collection without litigation, (b) in litigating in all trial and appellate levels, (c) in any bankruptcy proceeding and (d) in any post -judgment proceeding. SELLER DOES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS AUCTION AGREEMENT OR THE AUCTION ITSELF. All parties signing this Auction Agreement in any representative capacity represent that they have the authority to sign on behalf of such party or entity. Said Auction is to be conducted on the 6' day of November 19 99 at 10:00 a.m./g .mr Property taxes will be N/A The real estate listed herein is being sold on a(n) . N/A basis. The personal property listed herein is being sold on a(n) ABSOLUTE basis. WE HAVE READ THE ENTIRE CONTENTS OF THIS AGREEMENT, UNDERSTAND FULLY THE CONTENTS THEREOF, ACKNOWLEDGE RECEIPT OF A COPY OF SAME. We are not relying upon verbal statements not contained herein. SS# SELLER SS# SELLER_�� AUCTIONEER: KARLIN DANIEL & ASSOCIATES, INC. By AGENDA REQUEST '"W ITEM NO. C-5-13 DATE: October 26, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: RFP #99-078 Archaeological Survey Phase 1 BACKGROUND: On September 8, 1999 proposals were received for the St. Lucie County Archaeological Survey Phase 1. Nineteen vendors were notified, four sets of RFP documents were distributed and one proposal was received. See memorandum from Community Development. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends rejecting the proposal received and re -advertising the RFP. COMMISSION ACTION: ] APPROVED [ ] DENIED [ ] OTHER: County Attorney:(X) Originating Dept: Finance: (Check for Copy only, if Applicable) Coordination/Sianatures Mgt. & Budget: Other: nderson Administrator PLPurchasing 9 M r.:(X) c> Other: Eff. 1 /97 H:\WP\AGENDAS\13IDS\99-078 reject.wpd M TO: FROM: THROUGH: DATE: DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division % - Charlie Bicht, Purchasing Director Diana Waite, Planner III 04A)- David Kelly, Planning Manager W. October 15, 1999 SUBJECT: The St. Lucie County Archaeological Survey, Phase I - RFP#99-078 On August 25, 1998, the Board of County Commissioners (BCC) authorized the submission of a grant application requesting $20,000 from the Florida Division of Historical Resources for the preparation of the St. Lucie County Archaeological Survey. The State Division of Historic Resources (DHS) awarded the requested grant funds requested in the application and the BCC entered into an agreement with the State. The BCC ultimately granted permission to advertise the Request for Proposals and your office advertised the RFP. The bid package was opened on September 8, 1999. Based upon the fact that only one bid was received and a request for notification was made by two consultants who were not notified, I am requesting the RFP for the subject project be re -advertised. I have discussed this with the DHS project manager and they generally agree that this would be appropriate. Because of pre -determined deadlines to conclude the work required as part of the Phase I Archaeological Survey, we request your assistance by expediting the RFP process. Please let me know if you have any questions. I can be contacted at extension 1577. The two consultants who have requested notification of the subject RFP are: Marion M. Almy, President Archaeological Consultants, Inc. 2345 Bee Ridge Road, Suite 6 Sarasota, FL 34283 PH: (941) 925-9767 cc: Julia Shewchuk AND Robert S. Carr, Executive Director Archaeological and Historical Conservancy, Inc. P.O. Box 450283 Miami, FL 33145 PH: (305) 325- 0789 EM En W �W Z = U CC� G =OZ a W 41 ■ ■ MM1 jD J m 1 O O H Una H �i- U. jw� w cl) 0 W SEEMSV 0 > 0� a oozo o Q�w Lu a i'WO(L w<L)0 F.. O ao =a �x m U N Q 4 *✓ AGENDA REQUESISO n ITEM NO. l� - (47 DATE: October 26, 1999 CONSENT [X ] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi -JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS P lDZY: SUBMITTED BY (DEPT): Community Development F4141k3luk Prector SUBJECT: Consider retroactively authorizing the submittal of a response to a Department of Community Affairs (DCA) email request to County governments interested in funds to assist in the EAR Amendment process. BACKGROUND: On October 6, 1999, Community Development received a fax from the Treasure Coast Regional Planning Council. This fax had an email message from Jim Quinn of DCA stating that "the Division has approximately $100-120K of available funds related to the Evaluation and Appraisal Report process. We are going to make these funds available to local governments in increments of about 10K." The email stated that priority will be given to local governments that — are: 1) addressing an issue of state interest; 2) addressing an issue based upon DCA concerns; or 3) have a particularly innovative approach to an issue. Staff was required to email a short response stating the problems and the solution to DCA by October 15, 1999. During the Local Planning Agency's review of the Housing Element's Comprehensive Plan Amendments, the Board indicated that they had major concerns about the data source. Since the county does not have accurate information on the number and condition of homes for migrant workers, staff requested $10,000 to assist with an inventory of migrant homes so we can more accurately evaluate their needs. The funds would also be used to identify the total number of mobile homes in the county since this issue was also raised by the Local Planning Agency and will be important for Emergency Management planning. The email did not state when the funds would be available or if the county will have to submit additional information. FUNDS AVAIL.: No matching funds are required. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board retroactively authorize the submittal of the letter response to the Department of Community Affairs and authorize acceptance of these funds if the County's project is selected. COMMISSION ACTION: [ X] APPROVED I DENIED [ ] OTHER: County Attorney: Originating Dept d'y CONCURREN Dou• a Ande sr on couht Administrator Coordination Si Mgt & Budgetz-a42 Purchasing: Other: Other: Finance: (copies only): EM BOARD OF COUNTY COMMISSIONERS October 15, 1999 Jim Quinn Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Funds for Ear Based Amendments Dear Mr. Quinn, en COMMUNITY DEVELOPMENT DIRECTOR JULIA SHEWCHUK Housing for migrant workers is a major issue in St. Lucie County and of state concern. Since the numbers of migrant workers fluctuate throughout the state, this has always been a difficult subject to evaluate during the Comprehensive Planning process. According to page 180 of St. Lucie County's Evaluation and Appraisal Report, "there continues to be no reliable local data sources available to determine the average household size of the migrant workers in St. Lucie County". During the Local Planning Agency's review of the Housing Element's Comprehensive Plan Amendments, the Board indicated that they had major concerns over the data source utilized to determine the housing stock in St. Lucie County. St. Lucie County Community Development Department staff would like to complete an actual study and analysis of migrant housing in order to develop a database that appropriately identifies and determines the actual units available. The fieldwork will include identification of the type of housing, housing condition and the number of residents residing in the units. Upon development of this database, the information can be updated on a yearly basis and provide an accurate representation of housing in St. Lucie County. Once the information is obtained and analyzed, St. Lucie County will be better prepared to complete the EAR based amendments for this critical housing issue. The actual number of mobile homes is also a major problem in the census data that could be updated during this same process. The Local Planning Agency voiced concerns over this issue since it plays a major role in the County's Emergency Preparedness Plan. Thus, the County would like to request $10,000 for a detailed inventory of the migrant worker housing and of existing mobile homes. The County may use a portion of the funds to hire an outside Spanish speaking consultant to assist in the compilation of data. Since many other counties are in similar situations regarding lack of knowledge of their migrant communities, the survey that will be developed could be used as model for other counties trying to resolve the long-term migrant worker housing problems. JOHN D. BRUHN, District No. 1 • DOUG COWARD, District No. 2 - P Administrator A A.LES, District Douglas . And FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, District No. 5 Cou erson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 • Planning: (561) 462-2822 GIS/Technical Services: (561) 462-1553 Economic Development: (561) 462-1550 Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 • Fox: (561) 462-2132 05 Page 2 — St. Lucie County If you have any questions regarding this request, please do not hesitate to contact David Kelly at (561) 462-2822. We appreciate the opportunity to apply for funds to resolve this important housing issue. Sincerely, tOiaSuhewcIhuk Development Director Cc: County Administrator Board of County Commissioners *.r AGENDA REQUEST ITEM NO. 0-A DATE: October 26, 1999 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Resolution No. 99-227 - Authorizing Participation in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 2000 (Multi -County Program) BACKGROUND: See attached memorandum CA 99-1449 FUNDS AVAILABLE: N/A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 99-227, as drafted. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Dept. Finance: (Check for Copy only, if applicable): Do6g]X Anderson Counfy Administrator Review and Approvals Management & Budget: Purchasing: Other: Other: _ INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-1448 DATE: October 19, 1999 SUBJECT: Resolution No. 99-227 - Authorizing Participation in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 2000 (Multi -County Program) BACKGROUND: On October 18, 1999, the St. Lucie County Housing Finance Authority held a public hearing to consider participation in the Escambia County Housing Finance Authority's Single Family Mortgage Revenue Bonds, Series 2000 ("Multi -County Program"). Following the close of the public hearing, the Authority adopted proposed HFA Resolution No. 99-01 which approves the Escambia Authority's plan of finance for the program and the issuance of the subject bonds not to exceed one hundred million and 00/100 dollars ($100,000,000.00), exclusive of any amounts required for refunding purposes, and authorized the chairman to execute any documents required for participation in the bond program, subject to approval by the County Attorney. A copy of HFA Resolution No. 99-01 is attached to this memorandum. As in years past, the Authority will benefit from economies of scale realized by combining the bonding capabilities of the participating housing finance authorities. The subject bonds are limited, special obligations and will not constitute a debt of St. Lucie County or the Authority but will be payable solely from payments made from the revenue generated by the mortgage program. HFA Resolution No. 99-01 also authorizes the form of the interlocal agreement between the Authority and the Escambia Authority and authorizes the Authority chairman to execute the agreement on behalf of the Authority. Pursuant to the agreement, the Authority's expenses and fees related to participation in the program, as well as the fees and expenses of its legal counsel, shall be paid from the proceeds of the bond program. The resolution provides further for the Authority to request approval of the plan of finance and issuance of the bonds by the St. Lucie County Board of County Commissioners. Proposed Resolution No. 99-227 would grant such approval. A copy of the proposed resolution is attached to this memorandum. The Authority's bond counsel has reviekAed and approved Resolution No. 99-227 in conjunction with her review of the HFA resolution and the interlocal agreement. 1 %aw `%0 CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 99-227, as drafted. Attachments HY/ Copies to: County Administrator Finance Director Respectfully submitted, �o Heather Young Assistant County Attorney Community Services Manager Management and Budget Manager Deputy Clerk 2 `rre *410 RESOLUTION NO. 99-�Oj A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY TO OPERATE WITHIN THE BOUNDARIES OF ST. LUCIE COUNTY ON BEHALF OF ST. LUCIE COUNTY AND THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, TO FINANCE QUALIFYING SINGLE FAMILY MORTGAGE LOANS; AUTHORIZING THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, TO ENTER INTO AGREEMENTS WITH THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY; APPROVING A FORM OF AND EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT; APPROVING THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF NOT EXCEEDING $100,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 2000 (MULTI -COUNTY PROGRAM) ON BEHALF OF ST. LUCIE COUNTY AND THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, PURSUANT TO SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING THAT SUCH BONDS CONSTITUTE LIMITED, SPECIAL OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 159, Part IV, Florida Statutes, (the "Act") authorized counties to create housing finance authorities to exercise powers of the Act within their boundaries or outside their boundaries with the consent of the governing body of the territory outside their area of operation; and WHEREAS, the Board of County Commissioners of Escambia County, Florida, (the "Escambia Board") on May 29, 1980, adopted Ordinance No. 80-12, by which it created the Escambia County Housing Finance Authority (the "Escambia Authority") and authorized the Escambia Authority to exercise all powers under the Act; and WHEREAS, pursuant to the Act, the Board of County Commissioners of St. Lucie County, Florida,(the "St. Lucie Board") has found a shortage of affordable housing and capital for investment therein and a need for a housing finance authority to function in St. Lucie County and did accordingly create the Housing Finance Authority of St. Lucie County, Florida (the "St. Lucie Authority"); and WHEREAS, it is not practicable at this time under existing Florida and Federal laws and regulations for the St. Lucie Authority to issue its bonds for the purpose of implementing a single family housing program, although the shortage of such single family housing and capital for investment therein is continuing in St. Lucie County; and WHEREAS, the Escambia Authority by resolution duly adopted on March 10, 1998 (the "Enabling Resolution"), as amended and supplemented, particularly as supplemented by a resolution authorizing the issuance of it's Single Family Mortgage MCLr07/25/99 rev-08/24/99 rev-08/31 /99-6383-stlucie-lucyres Revenue Bonds, Series 2000 (the "Authorizing Resolution"), has heretofore authorized a plan of finance (the "Plan") for the issuance from time to time of not exceeding $300,000,000 Single Family Mortgage Revenue Bonds, Multi -County Program, of which $93,135,000 of Single Family Mortgage Revenue Bonds has been issued to date; and WHEREAS, the Escambia Authority has indicated that it expects to issue its Single Family Mortgage Revenue Bonds, Series 2000 (Multi -County Program) (the "Escambia Bonds" or the "Bonds") in a principal amount not exceeding $100,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, Section 147(fl of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code") requires public approval of certain private activity bonds and the plan of finance therefor by an applicable elected representative or governmental unit following a public hearing and the St. Lucie Board, constitutes an applicable elected representative or governmental unit; and WHEREAS, pursuant to Section 147(fl of the Code a public hearing was scheduled by the St. Lucie Authority, on behalf of the St. Lucie Board, the Escambia Board and the Escambia Authority for October 18, 1999, at 3:00 p.m. and notice of such hearing was given in the form required by the Code by publication more than fourteen (14) days prior to the public hearing; and WHEREAS, the St. Lucie Authority has, on October 18, 1999, held the public hearing and provided at such hearing reasonable opportunity for all interested individuals to express their views, both orally and in writing, on the issuance of the Bonds; and WHEREAS, the St. Lucie Authority on behalf of the St. Lucie Board, the Escambia Authority and the Escambia Board, diligently and conscientiously considered all comments and concerns expressed by such individuals; and WHEREAS, the St. Lucie Board desires to express its approval of the action to be taken pursuant to the Enabling and Authorizing Resolutions and Chapter 159, Part IV, Florida Statutes and as required by Section 147(fl of the Code; and WHEREAS, the St. Lucie Board desires to authorize the St. Lucie Authority to undertake certain actions as necessary in connection with participation in the Escambia Multi -County Single Family Housing Program and the issuance, sale, authentication and delivery of the Bonds by Interlocal Agreement (the "Interlocal Agreement") with the Escambia Authority; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1 Because of the continuing shortage of affordable single family housing and capital for investment therein in St. Lucie County and the continuing impediments to a bond issue to alleviate such shortages as to single family housing, it is hereby determined that the St. Lucie Board consents to the Escambia Authority exercising its powers to issue the Bonds on behalf of St. Lucie County and the St. MCL-07/25/99 rev-08/24/99 rev-08/31/99-6383-stlucie-lucyres *tow 1440 Lucie Authority and to implement a plan of finance to provide capital from sources of funds available to the Escambia Authority, including but not limited to a portion of the proceeds of the Bonds, and proceeds of obligations refunded by the Bonds, to establish a program to finance Mortgage Loans for single family housing within the statutory boundaries of St. Lucie County ("Mortgage Loans"); provided, that the Escambia Authority and the St. Lucie Authority first enter into a written agreement setting forth the powers, duties and limitations of the St. Lucie Authority as they pertain to participation in the Escambia Multi -County Single Family Housing Program and the issuance, sale, authentication and delivery of said Bonds and the use of said Bond proceeds within St. Lucie County and payment of the issuance costs for such Bonds. Section 2 In furtherance of the purposes set forth in Section 1 hereof the Chairman or Vice -Chairman and Secretary or Deputy Secretary of the St. Lucie Authority are hereby authorized to execute such consents, intergovernmental agreements, applications, instruments or other documents as shall be required to implement participation by the St. Lucie Authority in the Escambia Multi -County Single Family Housing Program and to provide for payment of St. Lucie Authority's proportionate share of costs of the costs thereof, including but not limited to the costs of issuance of such Bonds, all as shall be approved by counsels to the St. Lucie Authority. Section 3 The Interlocal Agreement, in substantially the form attached hereto as Exhibit A, and made a part hereof, between the St. Lucie Authority and the Escambia Authority is hereby approved. The officers of the St. Lucie Authority are, upon due authorization and approval by that body, hereby authorized to enter into such interlocal agreements on behalf of the St. Lucie Authority with such changes, modifications, insertions, omissions, substitutions, and such filling of blanks therein not inconsistent herewith as the officers executing same may approve, such execution and delivery to be conclusive evidence of such approval. The appropriate officers of the St. Lucie Authority are hereby further authorized to execute and deliver such other documents and instruments as may be necessary to implement such Interlocal Agreements, including, without limitation, application for up to the maximum available private activity bond volume allocations pursuant to Chapter 159, Part VI, Florida Statutes, for the purposes set forth in the Interlocal Agreement. Section 4 The St. Lucie Board hereby approves, within the meaning of Section 147(f) of the Code, the Escambia Authority's plan of finance and the issuance by the Escambia Authority from time to time of not exceeding $100,000,000 Single Family Mortgage Revenue Bonds Multi -County Program, initially designated as Series 2000, for funding the Escambia Authority's program for Mortgage Loans, and such other actions to be taken by the St. Lucie Authority pursuant to the Enabling and Authorizing Resolutions or Chapter 159, Part IV, Florida Statutes, in connection with the issuance, sale, authentication and delivery of the Bonds. A copy of the minutes of the public hearing held by the St. Lucie Authority on October 18, 1999, pursuant to Section 147(fl of the Code is attached hereto as Exhibit B and made a part hereof. The related Resolution of the St. Lucie Authority adopted October 18, 1999, is attached hereto as Exhibit C and made a part hereof. Section 5 The principal of and premium, if any, and interest or penalty on MCL-07/25/99 rev-08/24/99 rev-08/31 /99-6383-sUucie-lucyres Vtow *40 the Bonds and all payments required under the proposed plan of finance- and financing agreements, including the Interlocal Agreement, shall be payable solely by the Escambia Authority from the proceeds derived by the Escambia Authority under the proposed plan of finance and financing agreements, and neither St. Lucie County nor the St. Lucie Authority shall ever be required to (i) levy ad valorem taxes on any property within its territorial limits to pay the principal of and premium, if any, and interest or penalty on the Bonds or to make any other payments provided for under the proposed plan of finance or financing agreements, or (ii) pay the same from any funds of St. Lucie County or the St. Lucie Authority whatsoever. Adoption of this Resolution does not authorize or commit the expenditure of any funds of St. Lucie County or of the St. Lucie Authority to pay the costs of issuance of such Bonds. The Bonds are limited, special obligations and will not constitute a debt of the State of Florida, St. Lucie County, Escambia County, or other participating Counties or of the St. Lucie Authority, the Escambia Authority or other participating Housing Finance Authorities, but will be payable solely from payments made from the revenues generated from the Escambia Multi -County Single Family Housing Program. Section 6 All resolutions or parts thereof of the St. Lucie Board in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 7 After motion and second the vote on this Resolution is as follows: Chairperson Paula Lewis Vice -Chairman John D. Bruhn Commissioner Doug Coward Commissioner Cliff Barnes Commissioner Frannie Hutchinson MCL-07/25/99 rev-08/24/99 rev-08/31 /99-6383-stlucie-lucyres cm Section 8 This Resolution shall take effect immediately upon its adoption. Duly adopted in regular session this day of , 1999. ATTEST: Clerk MCL-07/25/99 rev-08/24/99 rev-08/31 /99-6383-stlucie-lucyres BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA M- Chairman APPROVED AS TO FORM AND CORRECTNESS: w Assistant County Attorney cm Exhibit A INTERLOCAL AGREEMENT MCL-07/25/99 rev-08/24/99 rev-08/31 /99-6383-stlucie-lucyres Exhibit A FORM OF INTERLOCAL AGREEMENT THIS AGREEMENT made and entered into this 18'h day of October, 1999, by and between the ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Escambia Authority"), and the HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Local Authority"); WITNESSETH: WHEREAS, Part IV of Chapter 159 of the Florida Statutes, (the "Act") authorizes the creation of housing finance authorities within the State of Florida (the "State") for the purpose of issuing revenue bonds to assist in relieving the shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, the Escambia Authority by resolution duly adopted on March 10, 1998 (the "Enabling Resolution"), as amended and supplemented, particularly as supplemented by a resolution authorizing the issuance of it's Single Family Mortgage Revenue Bonds, Series 2000 (the "Authorizing Resolution"), has heretofore authorized a plan of finance (the "Plan") for the issuance from time to time of not exceeding $300,000,000 Single Family Mortgage Revenue Bonds, Multi -County Program, of which $93,135,000 of Single Family Mortgage Revenue Bonds has been issued to date; and WHEREAS, the Escambia Authority has indicated that it expects to issue its Single Family Mortgage Revenue Bonds, Series 2000 (Multi -County Program) (the "Escambia Bonds" or the "Bonds") in a principal amount not exceeding $100,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, pursuant to Sections 143 and 146 of the Internal Revenue Code of 1986, as amended (the "Code"), the amount of qualified mortgage bonds (as defined in Section 143 of the Code) which may be issued in each year is limited by a private activity volume cap which has been established for such purpose within the State; and WHEREAS, the limitations upon available portions of the private activity volume cap prevent the separate issuance of bonds for each county from being feasibly and economically accomplished; and WHEREAS, the Escambia Authority has authorized a sufficient amount of 2000 Escambia Bonds to fund, or to refund or refinance outstanding obligations, the proceeds of which will be used to finance a portion of the anticipated demand during the proposed Origination Period for qualifying single family mortgages ("Mortgage Loans") of both Escambia County and St. Lucie County, as well as certain other counties which may also participate in a joint bond program; and MCL-07/25/99 rev-08 /24 /99 rev-08/31/99-6383-stlucie-lucyia `%00 140 WHEREAS, the aggregation of mortgage loan demand and the securing of the related amount of the cumulative State private activity volume cap (the "Allocation Amount") granted by the State through 2000 (the "Authorization Period") for the purpose of issuing qualified mortgage revenue bonds to finance qualifying single family residences to be occupied primarily by first-time home buyers will result in a wider allocation of fixed expenses and certain other economies of scale; and WHEREAS, unless such economies are realized, the issuance of qualified mortgage revenue bonds for such purpose would be less economical, resulting in high mortgage costs to qualified mortgagors; and WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorize St. Lucie County (the "Participating County") to approve the issuance of qualified mortgage revenue bonds through the Escambia Authority to alleviate the shortage of affordable housing within the Participating County, which approval has been granted by a resolution of the Board of County Commissioners of the Participating County adopted on , 1999 (the "County Resolution"); and WHEREAS, Sections 163.01, 159.608 and 125.01, Florida Statutes, and the County Resolution authorize this Agreement by conferring the authority to exercise or contract by agreement upon the Escambia Authority to exercise those powers which are common to it and the other parties hereto and to include the Participating County within the Escambia Authority's area of operation pursuant to Florida Statutes, Section 159.603(1) for the purpose of issuing bonds based on the Allocation Amount to (i) make available funds to finance qualifying single family owner -occupied residences located within the Participating Counties irf accordance herewith, (ii) establish the reserves therefor, and (iii) pay the costs of issuance thereof (collectively, the "Program"). NOW THEREFORE, the parties agree as follows: Section 1 Allocation Amount; Substitution of Bonds The Local Authority hereby authorizes the Escambia Authority to issue, reissue, remarket or refund qualified mortgage revenue bonds, in the form of its Single Family Mortgage Revenue Bonds (the "Bonds") from time to time based on the Allocation Amount through the Authorization Period for the purpose of financing the Program and making funds available for qualifying single family owner -occupied residences in the Participating - County to the full extent permitted by the Act. Any 2000 Escambia Bonds issued for such purposes in the Participating County are hereby deemed to be in full substitution for an equivalent principal amount of the Local Authority's bonds that could have been issued for such purpose. The Local Authority hereby authorizes the Escambia Authority to utilize the Local Authority's Allocation Amount on behalf of the Local Authority, as part of its plan of finance for the purpose of funding the Program, including among other things, financing of qualifying single family mortgages in the Participating County, and the Escambia Authority is hereby designated as the bond issuing authority for the Local Authority through the end of the Authorization Period with respect to all such Allocation Amounts. The proceeds of the 2000 Escambia Bonds shall be allocated and applied to the funding, or refinancing of or refunding obligations, the proceeds of which will be used for the funding of Mortgage Loans MCL-07/25/99 rev-08/24/99 rev-08 /3 1/99-6383-sducie-Iucyia within the various Participating Counties and for reserves and the payment of costs of issuing the 2000 Escambia Bonds, all in accordance with final program documents approved by the Escambia Authority. All revenues generated by bonds issued pursuant to this Agreement and by the use of the proceeds thereof, will be administered by the Escambia Authority, or its agents, and all payments due from such revenues shall be paid by the Escambia Authority, or its agents, without further action by the Local Authority. Section 2 Administration The Escambia Authority hereby assumes responsibility for administering this Agreement by and through its employees, agents and officers; provided, however, that the Local Authority retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated within the Participating County, including, but not limited to, reasonably available mortgagor or profile data. The Escambia Authority and its agents shall provide the Local Authority with a copy of the transcript of documents and proceedings for the 2000 Escambia Bonds and such reports as may be necessary to comply with disclosure requirements and to account for funds generated by this Agreement. The Escambia Authority shall have full authority and responsibility to negotiate, define, validate, market, sell, issue, reissue, deliver, refund or remarket its Bonds in the maximum Allocation Amount, based upon mortgage loan demand and available Allocation Amounts permitted by law, to finance qualifying single family housing developments in the Participating County and to take such other action as may be necessary or convenient to accomplish such purpose. Each Participating County may apply for the full Allocation Amount available for such County. It is agreed that the initial regional Allocation Amount for the 2000 Escambia Bonds in St. Lucie County and other Participating Counties located within the same bond volume allocation region under Section 159.804, Florida Statutes, shall be allocated ratably between St. Lucie County and such other Participating Counties within such region based upon lender demand. All lendable proceeds of the 2000 Escambia Bonds attributable to the mortgage loan demand in St. Lucie County shall be reserved for use in originating Mortgage Loans in St. Lucie County for an initial period of one hundred and twenty (120) days or until July 1, 2000 whichever is later. The issuance and administration costs and expenses related to the 2000 Escambia Bonds issued to finance the housing Program and administration of such Program shall be paid from proceeds of the 2000 Escambia Bonds and revenues generated from the housing Program. Section 3 Program Parameters (A) Upon request of the Escambia Authority, the Local Authority shall, to the extent permitted by law, (i) approve, establish, and update, from time to time as necessary, upon the request of the Escambia Authority, such Program parameters including, but not limited to, maximum housing price and maximum adjusted family income for eligible borrowers, as may be required for any bonds issued by the Escambia Authority pursuant to this Agreement and (ii) approve the allocation of Mortgage Loan moneys for each lending institute offering to originate Mortgage Loans within the Participating County. Unless otherwise notified in writing by the Local Authority, the Escambia Authority may from time to time approve and establish such MCL-07/25/99 3 rev-08/24/99 rev- 08/31 /99-6383-stlucie-lucyia maximum price and family income amounts at the maximum levels provided pursuant to the Code without further action of the Local Authority or Participating County. (B) The fees and expenses of the Local Authority and the fees and expenses of its counsels shall be paid from the proceeds of the Program in the manner and to the extent mutually agreed upon by the officials of the Local Authority and the Escambia Authority at or prior to issuance of the 2000 Escambia Bonds. Section 4 Term This Agreement will remain in full force and effect from the date of its execution until such time as it is terminated by any party upon ten (10) days written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated by the Local Authority during the Authorization Period, or by any party during any period that the 2000 Escambia Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such 2000 Escambia Bonds (or investments acquired through such proceeds) are still in the possession of the Escambia Authority, or its agents, pending distribution, unless either (i) the parties to this Agreement mutually agree in writing to the terms of such termination or (ii) such termination, by its terms, only applies prospectively to the authorization to issue 2000 Escambia Bonds for which no Allocation Amount has been obtained or used by the Escambia Authority and for which no purchase contract has been entered into. It is further agreed that in the event of termination the parties to this Agreement will provide continuing cooperation to each other in fulfilling the obligations associated with the issuance of Bonds pursuant to this Agreement. Section 5 Indemnity To the full extent permitted by law, the Escambia Authority agrees to hold the Participating County and the Local Authority harmless from any and all liability for repayment of principal of, premium, if any, and interest or penalty on the 2000 Escambia Bonds issued pursuant to this Agreement, and the members, officials, employees and agents of the Participating County and the Local Authority harmless from any and all liability in connection with the approval rendered pursuant to Sections 159.603 and 159.604, Florida Statutes. The Escambia Authority agrees that any offering, circular or official statement approved by and used in marketing the 2000 Escambia Bonds will include a statement to the effect that Bond owners may not look to the Participating County or the Local Authority and their respective members, officials, employees and agents for payment of the 2000 Escambia Bonds issued pursuant to this Agreement and interest or premium or penalty thereon. MCL-07/25/99 rev-08 /24 / 99 rev-08/31 /99-6383-stlucie-Iucyia En IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof as of the 18' day of October, 1999. ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY (SEAL) ATTEST: By: L - L,) -D Its: Secretary HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA R-A ATTEST: Its: Secretary (SEAL) NICL-07/25/99 rev-08/24/99 rev-08/31 /99-6383-stlucie-lucyia Its: Chairman NW '40 The undersigned Secretary of the Housing Finance Authority of St. Lucie County, Florida, does hereby certify that the foregoing is a true and complete copy of the Interlocal Agreement executed by the Chairman and Secretary as of October 18, 1999. Date: , 1999 Its: Secretary St. Lucie County Housing Finance Authority (SEAL) MCL-07/25/99 rev-08/24/99 rev-08/31 /99-6383-sducie-lucyia 0 Exhibit B PUBLIC MEETING MCL-07/25/99 rev-08/24/99 rev-08/31 /99-6383-stlucie-lucyres In 0 ST. LUCIE COUNTY HOUSING FINANCE AUTHORITY MONDAY, OCTOBER 18, 1999 COMMISSIONER'S CHAMBERS 2300 VIRGINIA AVENUE, ANNEX BLDG. FORT PIERCE, FLORIDA MINUTES OF MEETING ROLL CALL: MEMBERS PRESENT: Joyce Nix, Bob Davis, Luz Baez MEMBERS ABSENT: Reggan Ellis, Horace Hunter OTHERS PRESENT: Gordan R. Jernigan, Executive Director Escambia Co. HFA Karen Norton, Assistant to Gordan Jernigan Beth Ryder, Human Services Manager Robin Jackson, Bond Counsel Heather Young, Assistant County Attorney Kathryn Driver, William-R. Hough & Co. Public Hearing - HFA Resolution No. 99-01 - Approving Joint Program with Escambia County Housing Finance Authority for Issuance of Single Family Mortgage Revenue Bonds, Series 2000 Mr. Davis introduced the matter by explaining that the purpose of the public hearing was to approve or disapprove HFA Resolution 99-01. Ms. Jackson then read the Notice of Public Hearing into the record. Ms. Young then read the title of HFA Resolution 99-01 into the record. She stated that participation in the Escambia County HFA bond program would permit the Authority to benefit from economies of scale associated with a multi -county bond program. Ms. Young indicated that the resolution and the interlocal agreement had been reviewed and approved by the Authority's bond counsel. Ms. Young then recommended that the Authority adopt proposed HFA Resolution No. 99-01 and further authorize the chairman to execute any additional documents required for the bond program. The chairman noted that Gordan Jernigan of the Escambia County Housing Finance Authority and Kathryn Driver from William R. Hough & Co. were present and asked if they wished to address the Authority. Mr. Jernigan and Ms. Driver stated they would be glad to answer any questions. There were no questions. The public hearing was then closed. The resolution was not approved at this time, as there was no quorum. The Authority members present discussed approval of the resolution at the next meeting if a quorum was not established by the end of the meeting. 3. Housing Assistance Mini -Grant Program - Proposed Program Guidelines and Application The members discussed forming a committee to work directly with Heather Young, Assistant County Attorney and Beth Ryder, Human Services Manager, on the Mini -Grant Program. Mr. Davis and Ms. Nix indicated that they would be willing to serve on the committee. It was agreed that the committee would meet prior to the next Authority meeting to prepare recommendations to present at that meeting. 4. Other Business: The members decided to hold the next regular Authority meeting on December 13, 1999. Mr. Jernigan stated that he felt it was important that the Authority not wait until December 13 to approve this resolution. He stated that he had deadlines to meet and if the Authority waited to that late a date and then still didn't have a quorum, he would not be able to meet the deadlines. He wanted to know if the HFA members could make arrangements to meet again on Thursday or Friday for the five minutes it would take to vote on this resolution. Ms. Baez arrived at 3:40 p.m. and a quorum was established. Ms. Baez indicated she had reviewed the materials and was in favor of participating in the Escambia County program. Ms. Nix moved to adopt Resolution No. 99-01 and authorize the chairman to execute any necessary document. Ms. Baez seconded the motion. The motion carried 3-0. Mr. Davis asked if there were any other items to discuss. Beth Ryder stated that she had just spoken with Reggan Ellis on the telephone and he sends his apologies but could not get away from work. Mr. Davis confirmed the next meeting for December 13, 1999 at 3 :00 p.m. Mr. Jernigan also informed the Authority that he will meeting with local lenders participating in the bond program on December 1, 1999 at 1:30 p.m. The meeting was then adjourned. /cb CAW [NDO W S\TEMP\HFAMIN- l . W PD Exhibit C RESOLUTION MCL-07/25/99 rev-08/24/99 rev-08/31 /99-6383-stlucie-lucyres 1640K *00 RESOLUTION NO. 99- v 1 A RESOLUTION OF THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, APPROVING A JOINT PROGRAM WITH THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, FOR THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF ITS SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 2000 (MULTI -COUNTY PROGRAM), ON BEHALF OF ST. LUCIE COUNTY AND THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY TO FINANCE QUALIFYING SINGLE FAMILY MORTGAGE LOANS IN ST. LUCIE COUNTY, FLORIDA; PROVIDING THAT SUCH ESCAMBIA BONDS CONSTITUTE LIMITED, SPECIAL OBLIGATIONS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT WITH THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO: AND PROVIDING AND EFFECTIVE DATE. WHEREAS, Chapter 159, Part IV, Florida Statutes, authorizes the creation of housing financing authorities with the purpose of issuing revenue bonds to assist in alleviating a shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorize the Board of County Commissioners of St. Lucie County, Florida (the "Governing Body"), to approve the operation of the Escambia County Housing Finance Authority (the "Escambia Authority"), within the territorial boundaries of, and the issuance by the Escambia Authority of revenue bonds to alleviate the shortage of affordable housing and capital available for investment therein within St. Lucie County, Florida; and WHEREAS, the Escambia Authority by resolution duly adopted on March 10, 1998 (the "Enabling Resolution"), as amended and supplemented, particularly as supplemented by a resolution authorizing the issuance of it's Single Family Mortgage Revenue Bonds, Series 2000 (the "Authorizing Resolution"), has heretofore authorized a plan of finance (the "Plan") for the issuance from time to time of not exceeding $300,000,000 Single Family Mortgage Revenue Bonds, Multi -County Program, of which $93,135,000 of Single Family Mortgage Revenue Bonds has been issued to date; and WHEREAS, the Escambia Authority has indicated that it expects to issue its Single Family Mortgage Revenue Bonds, Series 2000 (Multi -County Program) (the "Escambia Bonds" or the "Bonds") in a principal amount not exceeding $100,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, the Escambia Authority has expressed an interest in pursuing a joint program with the Housing Finance Authority of St. Lucie County (the "St. Lucie Authority") for the issuance by the Escambia Authority of a sufficient principal MCL-07/25/99 rev-08/24/99 rev-08/31 /99- 6383- s tlucie- lucyreshfa %%w Ivo amount of the Escambia Bonds to finance qualifying single family mortgage loan programs for Escambia County and St. Lucie County and certain other counties through a multi -county single family housing program (the "Escambia Multi -County Single Family Housing Program"); and WHEREAS, by combining the authority to issue single family mortgage revenue bonds of the Escambia Authority, St. Lucie County and the St. Lucie Authority and certain other issuers desiring to participate in the issue, the Escambia Authority will be able to make available mortgage loans at rates below the rates otherwise possible if the St. Lucie Authority attempted a separate issue; and WHEREAS, such a program would benefit St. Lucie County and aid in alleviating a shortage of affordable housing and capital available for investment therein within St. Lucie County; and WHEREAS, in order to participate in such Escambia Multi -County Single Family Program and to approve the issuance of the Escambia Bonds, the St. Lucie Authority pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code"), has held a public hearing on behalf of St. Lucie County, the Escambia Authority and Escambia County this 18' day of October, 1999, following notice of such hearing given in the form required by the Code by publication more than fourteen (14) days prior to such public hearing; and WHEREAS, in order to participate in the Escambia Multi -County Single Family Program and to approve the issuance of the Escambia Bonds, the St. Lucie Authority desires to approve the form of and to execute and deliver an Interlocal Agreement with the Escambia Authority and to take such other actions as are necessary. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, THAT: Section 1 Authority This Resolution is adopted pursuant to the provisions of the Florida Housing Authority Law, Part IV of Chapter 159, Florida Statues (the "Act"), and other applicable laws. Section 2 Findings The St. Lucie Authority has found and determined and hereby declares that: (A) In order to realize the economies of scale afforded by aggregating the separate single family mortgage revenue bond programs for the St. Lucie Authority and the Escambia Authority, it is in the best interest of St. Lucie County and the St. Lucie Authority to authorize the Escambia Authority to issue the Escambia Bonds to finance single family mortgage loans for both Escambia County and St. Lucie County which qualify under the Act. (B) The St. Lucie Authority on the date hereof has held a public hearing required by Section 147(fl of the Code after giving such notice as required thereby. Such public hearing was conducted at the time and place advertised and at such MCL-07/25/99 rev-08/24/99 rev-08/31 /99-6383-stlucie-lucyreshfa `W hearing reasonable opportunity was provided for all interested individuals to express their views, both orally and in writing, on the issuance of the Escambia Bonds. The St. Lucie Authority shall provide the minutes of such public hearing to the Governing Body for approval as the applicable elected representative or governmental unit. (C) In order to implement such Escambia Multi -County Single Family Housing Program and to approve the issuance of the Escambia Bonds, it is in the best interest of the St. Lucie Authority to enter into an Interlocal Agreement with the Escambia Authority. Section 3 Authorization of Form of Interlocal Agreement The execution and delivery of the Interlocal Agreement, authorizing the Escambia Authority to issue its Escambia Bonds to finance qualifying single family mortgage loans in St. Lucie County, a proposed form of which is attached hereto as Exhibit A (the "Interlocal Agreement") is hereby authorized. The form of the Interlocal Agreement attached hereto as Exhibit A is hereby approved, subject to such changes, modifications, insertions, omissions, substitutions and such filling of blanks therein as may be approved and made in such form by the officers of the St. Lucie Authority and the Escambia Authority executing the same, such execution and delivery to be conclusive evidence of such approval. Section 4 Authorization to Execute The Chairman or Vice Chairman and the Secretary or Deputy Secretary of the St. Lucie Authority are hereby authorized and empowered to execute and deliver the Interlocal Agreement, subject to such changes, modifications, insertions, omissions, substitutions and filling of blanks therein as such officers executing the same shall approve, such execution to be conclusive evidence of such approval and to affix thereto or impress thereon the seal of the St. Lucie Authority. The appropriate officers of the St. Lucie Authority are hereby further authorized to execute and deliver such other intergovernmental agreements, applications, consents, or other documents and instruments as may be necessary to implement the Interlocal Agreement, including, without limitation, applications for up to the maximum available private activity bond volume allocations pursuant to Chapter 159, Part VI, Florida Statutes, for the purposes set forth in the Interlocal Agreement. Section 5 Approval of Issuance of Escambia Bonds and Public Hearing The St. Lucie Authority hereby approves, within the meaning of Section 147(f) of the Code, the Escambia Authority's plan of finance and the issuance by the Escambia Authority from time to time, of not exceeding $100,000,000 Single Family Mortgage Revenue Bonds, initially designated as (Multi -County Program), Series 2000, for funding the Escambia Authority's program for Mortgage Loans, and the public hearing related thereto held by the St. Lucie Authority on the date hereof. The St. Lucie Authority hereby requests the Board of County Commissioners of St. Lucie County to approve, within the meaning of Section 147(0 of the Code, the Escambia Authority's plan of finance and the issuance by the Escambia Authority of not exceeding $100,000,000 Single Family Mortgage Revenue Bonds, Series 2000, (Multi - County Program), and the public hearing related thereto by the St. Lucie Authority on the date hereof. MCL-07/25/99 3 rev-08 / 24 /99 rev-08/31 /99-6383-stlucie-lucyreshfa Section 6 No Expenditure of Funds; Limited, Special Obligations Adoption of this Resolution does not authorize or commit the expenditure of any funds of St. Lucie County or of the St. Lucie Authority to pay the cost of issuance of such Escambia Bonds. The Escambia Bonds are limited, special obligations and will not constitute a debt of the State of Florida, St. Lucie County, Escambia County, or other participating Counties or of the St. Lucie Authority, the Escambia Authority or other participating Housing Finance Authorities, but will be payable solely from payments made from the revenues generated from the Escambia Multi -County Single Family Housing Program. Section 7 Effective Date The approvals and authorizations provided in Sections 3, 4 and 5 of this Resolution are expressly contingent upon and this Resolution shall become effective upon the adoption by the Governing Body of a resolution approving and authorizing the Escambia Authority to operate within the territorial boundaries of St. Lucie County with respect to the issuance of its Escambia Bonds. MCL-07/25/99 4 rev-08 /24 /99 rev-08/31 /99-6383-stlucie-Iucyreshfa 144w 0 DULY ADOPTED by the Housing Finance Authority of St. Lucie County, this 18w day of October, 1999. (SEAL) HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY By: Its: Chairman ATTEST: M Its: Secretary MCL-07/25/99 j rev-08/24/99 rev-08/31 /99-6383-stlucie-lucyreshfa `✓ ` 0 Exhibit A FORM OF INTERLOCAL AGREEMENT THIS AGREEMENT made and entered into this 18`h day of October, 1999, by and between the ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Escambia Authority"), and the HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Local Authority"); WITNESSETH: WHEREAS, Part IV of Chapter 159 of the Florida Statutes, (the "Act") authorizes the creation of housing finance authorities within the State of Florida (the "State") for the purpose of issuing revenue bonds to assist in relieving the shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, the Escambia Authority by resolution duly adopted on March 10, 1998 (the "Enabling Resolution"), as amended and supplemented, particularly as supplemented by a resolution authorizing the issuance of it's Single Family Mortgage Revenue Bonds, Series 2000 (the "Authorizing Resolution"), has heretofore authorized a plan of finance (the "Plan") for the issuance from time to time of not exceeding $300,000,000 Single Family Mortgage Revenue Bonds, Multi -County Program, of which $93,135,000 of Single Family Mortgage Revenue Bonds has been issued to date; and WHEREAS, the Escambia Authority has indicated that it expects to issue its Single Family Mortgage Revenue Bonds, Series 2000 (Multi -County Program) (the "Escambia Bonds" or the "Bonds") in a principal amount not exceeding $100,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, pursuant to Sections 143 and 146 of the Internal Revenue Code of 1986, as amended (the "Code"), the amount of qualified mortgage bonds (as defined in Section 143 of the Code) which may be issued in each year is limited by a private activity volume cap which has been established for such purpose within the State; and WHEREAS, the limitations upon available portions of the private activity volume cap prevent the separate issuance of bonds for each county from being feasibly and economically accomplished; and WHEREAS, the Escambia Authority has authorized a sufficient amount of 2000 Escambia Bonds to fund, or to refund or refinance outstanding obligations, the proceeds of which will be used to finance a portion of the anticipated demand during the proposed Origination Period for qualifying single family mortgages ("Mortgage Loans") of both Escambia County and St. Lucie County, as well as certain other counties which may also participate in a joint bond program; and MCL-07/25/99 rev-08 /24 /99 rev- 08/31 /99-6383-stlucle-Iucyia NAr, 1.40 WHEREAS, the aggregation of mortgage loan demand and the securing of the related amount of the cumulative State private activity volume cap (the "Allocation Amount") granted by the State through 2000 (the "Authorization Period") for the purpose of issuing qualified mortgage revenue bonds to finance qualifying single family residences to be occupied primarily by first-time home buyers will result in a wider allocation of fixed expenses and certain other economies of scale; and WHEREAS, unless such economies are realized, the issuance of qualified mortgage revenue bonds for such purpose would be less economical, resulting in high mortgage costs to qualified mortgagors; and WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorize St. Lucie County (the "Participating County") to approve the issuance of qualified mortgage revenue bonds through the Escambia Authority to alleviate the shortage of affordable housing within the Participating County, which approval has been granted by a resolution of the Board of County Commissioners of the Participating County adopted on , 1999 (the "County Resolution"); and WHEREAS, Sections 163.01, 159.608 and 125.01, Florida Statutes, and the County Resolution authorize this Agreement by conferring the authority to exercise or contract by agreement upon the Escambia Authority to exercise those powers which are common to it and the other parties hereto and to include the Participating County within the Escambia Authority's area of operation pursuant to Florida Statutes, Section 159.603(1) for the purpose of issuing bonds based on the Allocation Amount to (i) make available funds to finance qualifying single family owner -occupied residences located within the Participating Counties in -accordance herewith, (ii) establish the reserves therefor, and (iii) pay the costs of issuance thereof (collectively, the "Program"). NOW THEREFORE, the parties agree as follows: Section 1 Allocation Amount; Substitution of Bonds The Local Authority hereby authorizes the Escambia Authority to issue, reissue, remarket or refund qualified mortgage revenue bonds, in the form of its Single Family Mortgage Revenue Bonds (the "Bonds") from time to time based on the Allocation Amount through the Authorization Period for the purpose of financing the Program and making funds available for qualifying single family owner -occupied residences in the Participating County to the full extent permitted by the Act. Any 2000 Escambia Bonds issued for such purposes in the Participating County are hereby deemed to be in full substitution for an equivalent principal amount of the Local Authority's bonds that could have been issued for such purpose. The Local Authority hereby authorizes the Escambia Authority to utilize the Local Authority's Allocation Amount on behalf of the Local Authority, as part of its plan of finance for the purpose of funding the Program, including among other things, financing of qualifying single family mortgages in the Participating County, and the Escambia Authority is hereby designated as the bond issuing authority for the Local Authority through the end of the Authorization Period with respect to all such Allocation Amounts. The proceeds of the 2000 Escambia Bonds shall be allocated and applied to the funding, or refinancing of or refunding obligations, the proceeds of which will be used for the funding of Mortgage Loans MCL-07/25/99 rev-08/24/99 rev- 08/31 /99-6383-sdude-Iucyia `40 within the various Participating Counties and for reserves and the payment of costs of issuing the 2000 Escambia Bonds, all in accordance with final program documents approved by the Escambia Authority. All revenues generated by bonds issued pursuant to this Agreement and by the use of the proceeds thereof, will be administered by the Escambia Authority, or its agents, and all payments due from such revenues shall be paid by the Escambia Authority, or its agents, without further action by the Local Authority. Section 2 Administration The Escambia Authority hereby assumes responsibility for administering this Agreement by and through its employees, agents and officers; provided, however, that the Local Authority retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated within the Participating County, including, but not limited to, reasonably available mortgagor or profile data. The Escambia Authority and its agents shall provide the Local Authority with a copy of the transcript of documents and proceedings for the 2000 Escambia Bonds and such reports as may be necessary to comply with disclosure requirements and to account for funds generated by this Agreement. The Escambia Authority shall have full authority and responsibility to negotiate, define, validate, market, sell, issue, reissue, deliver, refund or remarket its Bonds in the maximum Allocation Amount, based upon mortgage loan demand and available Allocation Amounts permitted by law, to finance qualifying single family housing developments in the Participating County and to take such other action as may be necessary or convenient to accomplish such purpose. Each Participating County may apply for the full Allocation Amount available for such County. It is agreed that the initial regional Allocation Amount for the 2000 Escambia Bonds in St. Lucie County and other Participating Counties located within the same bond volume allocation region under Section 159.804, Florida Statutes, shall be allocated ratably between St. Lucie County and such other Participating Counties within such region based upon lender demand. All lendable proceeds of the 2000 Escambia Bonds attributable to the mortgage loan demand in St. Lucie County shall be reserved for use in originating Mortgage Loans in St. Lucie County for an initial period of one hundred and twenty (120) days or until July 1, 2000 whichever is later. The issuance and administration costs and expenses related to the 2000 Escambia Bonds issued to finance the housing Program and administration of such Program shall be paid from proceeds of the 2000 Escambia Bonds and revenues generated from the housing Program. Section 3 Program Parameters (A) Upon request of the Escambia Authority, the Local Authority shall, to the extent permitted by law, (i) approve, establish, and update, from time to time as necessary, upon the request of the Escambia Authority, such Program parameters including, but not limited to, maximum housing price and maximum adjusted family income for eligible borrowers, as may be required for any bonds issued by the Escambia Authority pursuant to this Agreement and (ii) approve the allocation of Mortgage Loan moneys for each lending institute offering to originate Mortgage Loans within the Participating County. Unless otherwise notified in writing by the Local Authority, the Escambia Authority may from time to time approve and establish such MCL-07/25/99 3 rev-08/24/99 rev- 08/31 /99-6383-stlucie-lucyia **APO'*400 maximum price and family income amounts at the maximum levels provided pursuant to the Code without further action of the Local Authority or Participating County. (B) The fees and expenses of the Local Authority and the fees and expenses of its counsels shall be paid from the proceeds of the Program in the manner and to the extent mutually agreed upon by the officials of the Local Authority and the Escambia Authority at or prior to issuance of the 2000 Escambia Bonds. Section 4 Term This Agreement will remain in full force and effect from the date of its execution until such time as it is terminated by any party upon ten (10) days written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated by the Local Authority during the Authorization Period, or by any party during any period that the 2000 Escambia Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such 2000 Escambia Bonds (or investments acquired through such proceeds) are still in the possession of the Escambia Authority, or its agents, pending distribution, unless either (i) the parties to this Agreement mutually agree in writing to the terms of such termination or (ii) such termination, by its terms, only applies prospectively to the authorization to issue 2000 Escambia Bonds for which no Allocation Amount has been obtained or used by the Escambia Authority and for which no purchase contract has been entered into. It is further agreed that in the event of termination the parties to this Agreement will provide continuing cooperation to each other in fulfilling the obligations associated with the issuance of Bonds pursuant to this Agreement. Section 5 Indemnity To the full extent permitted by law, the Escambia Authority agrees to hold the Participating County and the Local Authority harmless from any and all liability for repayment of principal of, premium, if any, and interest or penalty on the 2000 Escambia Bonds issued pursuant to this Agreement, and the members, officials, employees and agents of the Participating County and the Local Authority harmless from any and all liability in connection with the approval rendered pursuant to Sections 159.603 and 159.604, Florida Statutes. The Escambia Authority agrees that any offering, circular or official statement approved by and used in marketing the 2000 Escambia Bonds will include a statement to the effect that Bond owners may not look to the Participating County or the Local Authority and their respective members, officials, employees and agents for payment of the 2000 Escambia Bonds issued pursuant to this Agreement and interest or premium or penalty thereon. MCL-07/25/99 rev-08/24/99 rev-08/31 /99-6383-sducie-Iucyia on CM IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof as of the 18' day of October, 1999. ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY (SEAL) ATTEST: By: �' — -.. LA� 'D Its: Secretary HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA IM ATTEST: M Its: Secretary (SEAL) MCL-07/25/99 j rev-08/24/99 rev- 08/31 /99-6383-stlucie-lucyia Its: Chairman EM The undersigned Secretary of the Housing Finance Authority of St. Lucie County, Florida, does hereby certify that the foregoing is a true and complete copy of the Interlocal Agreement executed by the Chairman and Secretary as of October 18, 1999. Date: 1999 Its: Secretary (SEAL) St. Lucie County Housing Finance Authority MCL-07/25/99 6 rev-08/24/99 rev- 08/31 /99-6383-stlucie-lucyia AGENDA REQUEST C ply � 1 OR TO: BOARD OF COUNTY COMMISSIONERS MIEM N&�F-'---' DATE: October 26, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Platt's Creek Off -Site Mitigation Area Becker Holding Corporation / Tax ID#2433-131-0002-000/3 BACKGROUND: See attached background memorandum. FUNDS AVAILABLE: Funds will be made available in account #382-3915-561000-3112 PREVIOUS ACTION: On August 10, 1999 the BOCC approved the Option Agreement, authorized the Chairman to execute and directed staff to close the transaction. On January 12, 1999, the BOCC directed staff to secure an Option to purchase the Platt's Creek Regional Off -site Mitigation Area site. On September 22, 1998, the BOCC approved a work authorization for Hazen and Sawyer to prepare and present plans for the Platt's Creek Restoration and Stormwater Improvement Project to the St. Lucie River Issue Team. On August 11, 1998, the BOCC directed staff to seek an alternative funding source. On July 14, 1998, the BOCC approved the Conceptual Mitigation Plan and authorized the expenditure of $2,000,000.from the ESL fund for the project. RECOMMENDATION* Staff recommends that the Board approve the request to borrow $1 Million Dollars from the ESL Fund for the short term (2 - 6 months) in order to close the purchase of the Platt's Creek Off -Site Mitigation Area. The ESL Fund will be reimbursed within 2 - 6 months by the funding that has been allocated but not yet released by St. Lucie River Issues Team/DEP. COMMISSION ACTION: [ ] APPROVED [ q DENIED [ ] OTHER: Pulled for separate vote (Coward -Bruhn -Barnes) Approved to use General (Coward -Bruhn -Barnes)' [X]County Attorney: - Denied ESL Fund 3-2 Fund 3-2 CON NCEe D gl M. Anderson County Administrator Review Management & Budget : [ ] Purchasing : _ tom. [X]Originating Dept: [ ITPisurP G"g [X] Comm. Develop: [X]Finance:(check for copy only, if applicable) Effective 5/96 0 rn PROPERTY ACQUISITION DIVISION TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: October 26, 1999 SUBJECT: Platt's Creek Off -Site Mitigation Area Becker Holding Corporation / Tax ID# 2433-131-0002-000/3 On July 27`' the St. Lucie River Issues Team allocated $1 Million Dollars for the purchase of land (Becker Parcel) to create the Platt's Creek Off -Site Mitigation Area. The Department of Environmental Protection ("DEP") is administering the funds for this project. Previously, on August 1 Oth, it was noted to the Board that our state funding may not be available to close on the property with by November 30`h and that short term funding may be required. The DEP Contract, which will allocate the $1 Million Dollar funding is still in the draft stage and may not be fully executed for another 6 to 8 weeks. Staff seeks permission to borrow the $1 Million that has been allocated by the St. Lucie River Issues Team/DEP for the short term (2 - 6 month) from the ESL Fund. Staff recommends that the Board approve the request to borrow $1 Million Dollars from the ESL Fund for the short term (2 - 6 months) in order to close the purchase of the Platt's Creek Off -Site Mitigation Area. The ESL Fund will be reimbursed within 2 - 6 months by the funding that has been allocated but not yet released by St. Lucie River Issues Team/DEP. Respectfully submitted: Donald G. Cole C Property Acquisition Manager CC: County Administrator County Attorney Community Development Director Management and Budget Manager Finance Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT) : C o my Attnrnpy st�JECT: Revocable License Agreement Charles B. and Anne Connolly 114 SE Camino Street, PSL Ifto ITEM NO. C_7e_ DATE: October 26, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: Donald G. Cole Prolperty Aca isition Manager BACKGROUND: Mr. and Mrs. Connolly own a house at 114 SE Camino Street, Port St. Lucie. During normal inspections of the County's drainage facilities, staff noted that the Connolly's drain field encroaches approximately twelve (12)feet into the County right-of-way. Permitting this encroachment with a Revocable License Agreement will provide a future reference of the drain field's location. The agreement will also give the County the ability to have it modified or removed at the owners expense if the need arises. Attached for your consideration is Revocable License Agreement, sketch of the encroachment area, and.a request from the Connolly's for the agreement. RECOMMENDATION: License Agreement, instruct Mr. and Mrs of St. Lucie County. M!V 1\ Staff recommends that the Board approve the Revocable authorize the Chairman to execute the agreement and . Connolly to record the Agreement in the Public Records [X ] APPROVED [ ] DENIED [ ] OTHER: Coo-rdi nation/Signati res [x]County Attorney: [X]Prop.Acquisitons: i , w\ (x]Public Works: [X]Engineering: Vv D gl Anderson County Administrator (] other: []Other: G:\ACQ\WP\DON\license agree connolly.wpd This instrument prepared by: Donald G. Cole under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Ft. Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 1999, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and CHARLES B. CONNOLLY AND ANNE CONNOLLY, his wife, of 114 SE Camino Street, Port St. Lucie, Fl 34952, (the "Owners"). WHEREAS, the Owners own property described as follows: Lot 7, Block 30, RIVER PARK, UNIT THREE, according to the Plat thereof as recorded in Plat Book 10, Page 80 of the Public Records of St. Lucie County, Florida. WHEREAS, the Owners have a septic system drain field which encroaches approximately twelve feet (12') into a County right-of-way as indicated on the sketch attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the County has agreed to authorize the encroachment of septic system drain field into County right-of-way subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: NUO 1. The County agrees to grant the Owners a limited revocable license for the purpose of allowing a septic system drain field to encroach on County right-of-way abutting the Owners' property as indicated in the sketch attached hereto and incorporated herein as Exhibit "A". The septic system drain field encroaches approximately twelve feet (12') into the County's right-of-way. This license shall extend only to the above -referenced septic system drain field and shall not extend to the construction and/or installation of any accessory structures. 2. This license shall be binding on future successors and assignees of the Owners. The Owners agree to provide the County with notice of any change in ownership pursuant to Paragraph six (6) of this Agreement. 3. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owners' sole expense upon ninety (90) days written notice to the Owners. The County Engineer may, in lieu of termination, request that the Owners perform certain alterations to the septic system drain field at the Owners' sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 4. The septic system drain field shall be constructed in accordance with all applicable building codes and zoning regulations of the County and shall be maintained solely at the expense of the Owners. The location of the septic system drain field is subject to the written approval of the County Engineer. 5. The Owners agree to allow County employees access to the location of the septic system drain field for County purposes as determined by the County Engineer. 6. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owners: Charles B. Connolly and Anne Connolly 114 SE Camino Street Port St. Lucie, FL 34952 With Copies to: County Attorney Administration Building Annex 2300 Virginia Avenue, 3rd Floor Ft. Pierce, FL 34982 St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 7. As consideration for the County agreeing to allow the encroachment of the septic system as set forth herein, the Owners agree to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, cm E5 or control of the above property by Owners or their agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owners use of the property. 8. Owners shall promptly record this license in the official records of St. Lucie County, Florida. Owners shall pay any document excise taxes and the cost of recording this license. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CHARLES B. CONNOLLY ANNE CONNOLLY M M STATE OF FLORIDA COUNTY OF SAINT LUCIE The foregoing instrument was acknowledged before me this 1999, by Charles B. Connolly and Anne Connolly and day of , have produced (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of Signature of Notary Public Name of Notary Public Typed, Printed or Stamped G: \AC Q\ W P\DON\Gcenseagree. frm A.D., 1999. Name of Notary Public Typed, Printed or Stamped Title or Rank or Serial Number *AW N 1 h.r-ao-9 e3C-4,,:� HI-30N 0 0 40 L 0 - _i 7r, elf - Arm i SW AGENDA REQUEST ItfM NO. 0, 1 DATE: October 26, 1999 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: St. Lucie County Cultural Affairs Council - 1999-2000 Grant Agreement BACKGROUND: See attached memorandum CA 99-1451 FUNDS AVAILABLE: Account Number 001-1900-582000-100 PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed 1999-2000 grant contract with the St. Lucie County Cultural Affairs Council, and authorize the chairman to sign the contract. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: County Attorney: r Originating Finance: (Check for Copy only, if applicable): _ CONCURRENCE: Do gl Anderson County Administrator Review and Approvals r Management & Budget �� Purchasing: Other: Other: En M INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-1451 DATE: October 19, 1999 SUBJECT: St. Lucie County Cultural Affairs Council - 1999-2000 Grant Agreement BACKGROUND: Attached to this memorandum is a copy of the proposed grant contract between the County and the St. Lucie County Cultural Affairs Council for fiscal year 1999-2000. As approved during the budget process, the contract provides for the County to disburse grant in the amount of three thousand nine hundred and 00/100 dollars ($3,900.00) to the Council for operational expenses. Funds are available for this expenditure in account number 001-1900-582000-1000. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed 1999- 2000 grant contract with the St. Lucie County Cultural Affairs Council, and authorize the chairman to sign the contract. Respectfully submitted, Heather You _ Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Manager Deputy Clerk 0 GRANT CONTRACT THIS CONTRACT, made this day of A.D. 19 , between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL, or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a grant in the total amount of three thousand nine hundred and 00/100 dollars ($3,900.00). Payment to the Council shall be made within fifteen (15) days after the date this contract is executed on behalf of the County. 2. The grant shall be used for operational expenses. The Council shall provide the County with quarterly reports indicating how the grant funds have been expended and the activities of the Council during the previous quarter. The reports shall be delivered to the County Administrator or his designee on or before February 1, 2000, May 1, 2000, August 1, 2000, and November 1, 2000. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this contract, any money not so used shall be reimbursed to the County. 5. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Contract, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, 1 Emn papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Council agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 7. The Council agrees to comply with all local, state and federal laws, rules and regulations. 8. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 9. Either party may terminate this contract with or without cause upon thirty (30) days written notice to the other provided however the Council shall reimburse the County for all unexpended funds or funds expended in conflict with Council's application, as of the date of termination notice. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 2 9M To the Council: St. Lucie County Cultural Affairs Council 2300 Virginia Avenue Fort Pierce, Florida 34982 11. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Contract shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Council agrees to use said forms. 12. Except as otherwise provided, this Contract shall be binding upon and shall insure to the benefit of the parties. 13. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 14. In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 15. This Contract 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 3 0 M with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shallbe governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL BY: 4 CHAIRMAN m m g: \atty\agreemnt\contract\cac.99. wpd GENDA REQUEST ITEff NO. C-IE DATE: October 26, 1999 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Blind Creek Preserve - Lease from Trustees of the Internal Improvement Trust Fund BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Lease Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Review and Approvals County Attorney: ' Management & Budget Originating Dept. Mos. Control Dir.: Finance: (Check for Copy only, if applicable) Do a; Anderson Coun Administrator Prop. Acq. Mgr.: _ Env.Lands.Spec.: Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-1460 DATE: October 21, 1999 SUBJECT: Blind Creek Preserve - Lease from Trustees of the Internal Improvement Trust Fund BACKGROUND: Various state agencies and the County recently cooperated in the funding and acquisition of a number of parcels located on South Hutchinson Island known as the Blind Creek Preserve. A cop of a map depicting the Preserve is attached. Also attached is a copy of a proposed Lease Agreement between the Board of Trustees of the Internal Improvement Fund of the State of Florida (TIIF). Under the terms of the Lease, TIIF would lease the Preserve to the County for a period of fifty (50) years. The purpose of the Lease is to allow the County to manage the Preserve for the conservation and protection of natural and historical resources and for resource based public outdoor activities and education. The Lease provides that the County shall pay TIIF an annual administrative fee of three hundred and 0/100 ($300.00) dollars as of July 1 of each year after the initial fee is paid. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Lease Agreement and authorize the Chairman to sign the Agreement. Respec ully submitted 11 /C ' Daniel'S. McIntyre County Attorney DSM/caf Attachments Figure 2 Blind Creek Park Ocean to River Natural Plant Communities Impoundment Boundary ........ North to South Park Boundary Limits 011W ® Estuarine tidal swamp aCoastal strand ® Beach & dune ® Reservoir < 10 acres Electrical power facilities . Maritime hammock Water ® County park Community Development Geographic Information Systems Map prepared October 4, 1M N This map has been compiled for general planning and reference purposes only. While every effort has been made to provide the most current and accurate Information possible, It Is not Intended for use as a legally binding document. r Y Q O J U c U) m _N U J Ooear �ag001\ *- o \rd�ar �0( T C J "O colS 439z 3 co CD .E T L U J 0? U) AMH sbuN J N N o rr -od • o ,b a �t s m .c O 0 U- ...................................... �4unoo aagoyoaa� o OAL2 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT Lease No. 4233 THIS LEASE AGREEMENT, made and entered into this __ day of 19 , by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinafter referred to as "LESSOR," and the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as "LESSEE." LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE, the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, Department of Environmental Protection. 2. DESCRIPTION OF PREMISES: The property subject to this lease, is situated in the County of St. Lucie, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter called the "leased premises". 3. TERM: The term of this lease shall be for a period of 50 years commencing on _ and ending on unless sooner terminated pursuant to the provisions of this lease. 4. PURPOSE: LESSEE shall manage the leased premises only for the conservation and protection of natural and historical resources and for resource based public outdoor activities and education which are compatible with the conservation and protection of these public lands, as set forth in subsection 259.032(11), Florida Statutes, along with other related uses Page 1 of 35 Lease No. 4233 necessary for the accomplishment of this purpose as designated in the Management Plan required by paragraph 8 of this lease. 5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, from and upon the leased premises for all purposes necessary to the full quiet enjoyment by said LESSEE of the rights conveyed herein. 6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformity with this lease. 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR, which consent shall not be unreasonably withheld. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. 8. MANAGEMENT PLAN: LESSEE shall prepare and submit a Management Plan for the leased premises in accordance with subsection 18-2.021(4), Florida Administrative Code, within twelve months of the effective date of this lease. The Management Plan shall be submitted to LESSOR for approval through the Division of State Lands, Department of Environmental Protection. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of LESSOR until the Management Plan is approved. LESSEE shall provide LESSOR with an opportunity to participate in all phases of preparing and developing the Management Plan for the leased premises. The Management Plan shall be submitted to LESSOR in draft form for review and comments within ten months of the effective date of this lease. LESSEE shall give LESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. LESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit Page 2 of 35 Lease No. 4233 `11 V applications, design or building contracts until the Management Plan required herein has been submitted and approved. Any financial commitments made by LESSEE which are not in compliance with the terms of this lease shall be done at LESSEE'S own risk. The Management Plan shall emphasize the original management concept as approved by LESSOR at the time of acquisition which established the primary public purpose for which the leased premises were acquired. The approved Management Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by LESSEE and LESSOR at least every five years. LESSEE shall not use or alter the leased premises except as provided for in the approved Management Plan without the prior written approval of LESSOR. The Management Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Management Plan. 9. EASEMENTS: All easements including, but not limited to, utility easements are expressly prohibited without the prior written approval of LESSOR. Any easement not approved in writing by LESSOR shall be void and without legal effect. 10. SUBLEASES: This lease is for the purposes specified herein and subleases of any nature are prohibited without the prior written approval of LESSOR, which approval shall not be unreasonably withheld. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 11. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right to reasonably inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. 12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures and improvements shall be constructed in accordance with plans that are in accordance with the approved Management Plan or shall require the prior written approval of LESSOR as to Page 3 of 35 Lease No. 4233 `" oe purpose, location and design which approval shall not be unreasonably withheld. Further, no trees, other than non-native species, shall be removed or major land alterations done without the prior written approval of LESSOR. Removable equipment and removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE before or upon termination of this lease. 13. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the leased premises. The liability insurance coverage shall be in amounts not less than $100,000 per person and $200,000 per incident or occurrence for personal injury, death, and property damage on the leased premises. Such policies of insurance shall name LESSOR, the State of Florida and LESSEE as coinsureds. LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this lease and shall submit annually thereafter, written evidence of maintaining such insurance to the Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. LESSEE shall purchase all policies of insurance from a financially - responsible insurer duly authorized to do business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Insurance Commissioner, State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. LESSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make Page 4 of 35 Lease No. 4233 adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage, and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this lease. 14. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all taxes, assessments, liens or other similar liabilities that accrue to the leased premises or to the improvements thereon arising after this lease commences including any and all ad valorem taxes and drainage and special assessments or personal property taxes of every kind and all construction or materialman's liens which may be hereafter lawfully assessed and levied against the leased premises subsequent to the effective date of this lease. In no event shall the LESSEE be held liable for such liabilities which arose prior to the effective date of this lease. 16. NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by LESSOR. 17. TIME: Time is expressly declared to be of the essence of this lease. Page 5 of 35 Lease No. 4233 \r% 18. NON-DISCRIMINATION: LESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 19. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having the utilities turned off when the leased premises are surrendered. 20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same. 21. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and other records relating to this lease, and LESSOR shall have the right to audit such records at any reasonable time during the term of this lease. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. 22. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to LESSEE with reference to the conditions of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. 23. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. Page 6 of 35 Lease No. 4233 A 24. NOTICE: All notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: LESSOR: Department of Environmental Protection Division of State Lands Bureau of Public Land Administration, M.S. 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 LESSEE: Department of Environmental Protection Division of Parks and Recreation Office of Park Planning, M.S. 525 3900 Commonwealth Boulevard, Tallahassee,. Florida 32399-3000 25. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within sixty days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within sixty days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the leased premises and attorneys' fees or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 26. DAMAGE TO THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises or adjacent properties, or any part thereof. (b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants, or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other Page 7 of 35 Lease No. 4233 L agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. In the event of LESSEE's failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the leased premises, and (2) all off -site ground and surface waters and lands affected by LESSEE's such failure to comply, as may be necessary to bring the leased premises and affected off -site waters and lands into full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. LESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this lease. This paragraph shall not be construed as a limitation upon LESSEE'S obligations as set forth in paragraph 14 of this lease, nor upon any other obligations or responsibilities of LESSEE as set forth herein. Nothing herein shall relieve LESSEE of any responsibility or liability Page 8 of 35 Lease No. 4233 Y %ftw '"o prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by LESSEE'S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release or discharge of any contaminant, LESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reporting periods of the applicable governmental agencies. This paragraph shall not be deemed to apply to any conditions existing prior to the effective date of this lease. 27. ENVIRONMENTAL AUDIT: At LESSOR'S discretion, LESSEE shall provide LESSOR with a current Phase I environmental site assessment conducted in accordance with the Department of Environmental Protection, Division of State Land's standards prior to termination of this lease, and if necessary a Phase II environmental site assessment. 28. SURRENDER OF PREMISES: Upon termination or expiration of this lease, LESSEE shall surrender the leased premises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give written notification to the Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or all of the leased premises. Notification shall include a legal description, this lease number, and an explanation of the release. The release shall only be valid if approved by LESSOR through the execution of a release of lease instrument with the same formality as this lease. Upon release of all or any part of the leased premises or upon termination or expiration of this lease, all permanent/capital improvements, including both physical Page 9 of 35 Lease No. 4233 4 fir" N400 structures and modifications to the leased premises, shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination of this lease shall be at LESSOR'S sole discretion. Prior to surrender of all or any part of the leased premises a representative of the Division of State Lands, Department of Environmental Protection, shall perform an on -site inspection and the keys to any building on the leased premises shall be turned over to the Division. 29. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR, LESSEE or other land managing agencies for the protection and enhancement of the leased premises. 30. PUBLIC LANDS ARTHROPOD CONTROL PLAN: LESSEE shall identify and subsequently designate to the respective arthropod control district or districts within one year of the effective date of this lease all of the environmentally sensitive and biologically highly productive lands contained within the leased premises, in accordance with Section 388.4111, Florida Statutes and Chapter 5E-13, Florida Administrative Code, for the purpose of obtaining a public lands arthropod control plan for such lands. 31. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. 32. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder Page 10 of 35 Lease No. 4233 i Wr+ *"Of of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 33. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state- owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. The Management Plan prepared pursuant to Chapter 18-2 Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the leased premises. 34. SOVEREIGNTY SUBMERGED LANDS: This lease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 35. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR. 36. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and the improvements located thereon, in a state of good condition, working order and repair including, but not limited to, keeping the leased premises free of trash or litter, meeting all building and safety codes for the location situated, maintaining the planned improvements as set forth in the approved Management Plan and maintaining any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease, reasonable wear and tear excepted; provided, however, that any removal, closure, etc, of the above improvements shall be acceptable when the proposed activity is consistent with the goals of conservation, Page 11 of 35 Lease No. 4233 protection, enhancement, or safety of the natural and historical resources within the leased premises and with the approved Management Plan. 37 GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the State of Florida. 38. SIGNS: LESSEE shall ensure that the area is identified as being publicly owned and operated as a public facility in all signs, literature and advertising. If federal grants or funds are used by LESSEE for any project on the leased premises LESSEE shall erect signs identifying the leased premises as a federally assisted project. 39. SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. 40. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative fee of $300. The initial annual administrative fee shall be payable within thirty days from the date of execution of this lease agreement and shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution. For purposes of this lease agreement, the fiscal year shall be the period extending from July 1 to June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. Page 12 of 35 Lease No. 4233 i - *4101'' vow IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: (SEAL) Witness ROBIN YOUNG CHIEF, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, DEPARTMENT OF Print/Type Witness Name ENVIRONMENTAL PROTECTION Witness "LESSOR" Print/Type Witness Name STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 19 , by Robin Young, as Chief, Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, who is personally known to me or who has produced as identification. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality DEP Attorney Page 13 of 35 Lease No. 4233 t -, am -- cm Witness ST. LUCIE COUNTY, THROUGH ITS BOARD OF COUNTY COMMISSIONERS By: Paula Lewis Print/Type Name Print/Type Name Witness Title: Chair Print/Type Name (OFFICIAL SEAL) ATTEST JoAnne Holman Print/Type Name Ex -Of ficio Clerk of the Board of County Commissioners of St. Lucie County "LESSEE" STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of 19 , by Paula Lewis and JoAnne Holman as Chair and Clerk of the Courts respectively, on behalf of the Board of County Commissioners of St. Lucie County. They are personally known to me or produced as identification. Page 14 of 35 Lease No. 4233 Notary Public, State of Florida Type Notary Name Commission Number: Commission Expires: N ,%W 40109 I L Exhibit A Page 15 of 35 pages Lease No. 4233 S;+q JoAnne Holman, Clerk of the Cir...it Court - St. Lucie County File Number: _-LE,509447 OR BOOK 'IJL6�1_ PAGE 0791 Recorded: 07-24-98 04:01 P.M. THIS INSTRUMENT PREPARED BY AND RETURN TO: Florida Admin Codes 12 B-4.014 exempt from Doc stamps Lynn D. Solomon, Esq. (15 ) Simmons & Clyne, P.A. 145 N.W. Central Park Plaza, Suite 200 Port St. Lucie, FL 34986 Courthouse Annex Box 0 Tax Folio No.: 3504-323-0000-010/1 and 3504-323-0000-020/4 so V-1" __r V., L_ Project: Hutchinson Island/Indian River Lagoon/Blind Creek Tract: FV-100-006 and FV-100-007 SPECIAL WARRANTY DEED THIS INDENTURE made this 11r\4_6_ day of , 1998, between UNIVERSITY OF FLORIDA FOUNDATION, INC., a Florida Non -Profit Corporation organized and existing under the laws of the State of Florida, as to a twenty percent (20%) Interest, the Grantor, whose mailing address is P.O. Box 11425, Gainesville, Florida 32604, in consideration of the sum of TEN AND NO/100THS DOLLARS ($10.00) and other valuable consideration, received from TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE . OF FLORIDA, as to an undivided sixty-seven percent (67%) interest and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, as to an undivided thirty-three. percent (33%) interest, the Grantees, a public corporation of the State of Florida with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, the receipt of which is hereby acknowledged hereby grants, bargains, sells and conveys to the Grantees, their successors and assigns forever, the real property located in St. Lucie County, Florida, described as: See Exhibit "A" attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with the Grantee and its successors and assigns that the Grantor is lawfully seized of said land in fee simple; that Grantor has good - right and lawful authority to sell and convey said land; and that said land is free of all encumbrances made by Grantor; and that Grantor will warrant and defend the same against the lawful claims of all persons claiming by, through or under the Grantor, subject to restrictions, easements and reservations of record, if any. MA0-1 ='4 Exhibit A Page 16 of 35 pages Lease No. 4233 t *"OtR BOOK 1-161- PAGE O? :!!' IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its name and its corporate seal to be affixed hereto, by its proper officer thereunto duly authorized, the day and year first_ above_ written.. Signed, sealed and delivered in the presence of: Print Name: & P - Q . J� Print Name: Po_' ! 6 a ice.. Lcjx_&_-!9 STATE OFF Lm— i oLI COUNTY OF A„[ L 1r1iLk0. W UNIVERSITY OF FLORIDA FOUNDATION, INC., a Florida Non -Profit Corporation By: 4'otu b • 6WYK-1 Leslie D. Bram, as Associate Vice President for Administration (Corporate Seal) -I-ti The foregoing instrument was acknowledged before me this day of J L-L—kSl , 1998, by Leslie D. Bram, as Associate Vice President for Administration for UNIVERSITY OF FLORIDA FOUNDATION, INC., a Florida Non -Profit Corporation, on behalf of the Corporation. She is personally known to me -a& PATRKXA A. LWAS *� a CC 477705 PIKES Jul. 4. 1999 (seal) 012\sfwmd\univf1\warrdeed.1 Exhibit A Page 17 of 35 pages Lease No. 4233 Notary Public BO ri c.i n AL L c _c-cL Print Name My Commission Expires: 2 �u.Vq,1917 s *%01 EXHIBIT A ..r' -- OR BOOK 11.61 PAGE---07-93— - - - Tract No. FY-I00-006 All that part of the North 361.74 as measured along the centerline of State Road A-1-A of the South 1887.80 feet (as measured at right an,, in Township 36 South, Range 4I East, St. Lucie County, Florida," t lying West o Sd t Road A-1-A.fate Tract No. FY-I00-007 Ali that part of the North 361.74 as measured along the centerline of State Road A-1-A of the South 1887.80 feet (as measured at right angles) of Fractional Secdon 4, Township 36 South, Range 41 East, St. Lucie County, Florida, lying East of State Road A-1-A. ME OA6T ! Od BOOK Tj"P ' Exhibit A Page 18 of 35 pages Lease No. 4233 i' ' *.JoAnne Holman, Clerk of the Cir %oft Court - St. Lucie County File Number:1_650946 OR BUuK 13-61. PAGE 0788 -Recorded: 07-24-98 04:01 P.M. THIS INSTRUMENT PREPARED BY AND RETURN TO: Florida Admin Codes 12 B-4_..014 exempt from Doc Stamps. Lynn D. Solomon, Esq. (15 ) Simmons & Clyne, P.A. 145 N.W. central Park Plaza, Suite 200 Port St. Lucie, FL 34986 Courthouse Annex Box 9 ` Tax Folio No.: 3504-323-0000-010/1 and 3504-323-0000-020/4 Project: Hutchinson Island/Indian River Lagoon/Blind Creek Tract: - FV-100-006 and FV-100-007 SPECIAL WARRANTY DEED THIS INDENTURE made this 024S7- day of lTirl�� 1998, between UNIVERSITY OF NOTRE DAME DU LAC, a Corporation organized and existing under the laws of the State of Indiana, as to an eighty percent (80%) interest, the Grantor, whose mailing address is 103 Hurley, Notre Dame, Indiana 46556, in consideration of the sum of TEN AND NO/100THS DOLLARS ($10.00) and other valuable consideration, received from TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, as to an undivided sixty- seven percent ' (67%) interest and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, as to an undivided thirty-three percent (33%) interest, the Grantees, a public corporation of the State of Florida with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, the receipt of which is hereby acknowledged hereby grants, bargains, sells and conveys to the Grantees, their successors and assigns forever, the real property located in St. Lucie County, Florida, described as: See Exhibit "A" attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. . AND the Grantor hereby covenants with the Grantee and its successors and assigns that the Grantor is lawfully seized of said land in fee simple; that Grantor has good - - - - right and lawful authority to sell and convey said land; and that said land is free of all encumbrances made by Grantor; and that Grantor will warrant and defend the same. against the lawful claims of all persons claiming by, through or under the Grantor, subject to restrictions, easements and reservations of record, if any. I 5481 Exhibit A Page 19 of 35 pages Lease No. 4233 . _ e 1 - \r' Ifto OR BOOK 116�1_ PAGE 0789 IN WITNESS WHEREOF the Grantor has name and its corporate seal to be affixed authorized, the day and year first above Signed, sealed and delivered in the presence of: Print Name: 4 &M11 i IT STATE OF lIV /0/ n--ni 4 COUNTY OF 'J•k caused these presents to be executed in its hereto, by its proper officer thereunto duly written. UNIVERSITY OF NOTRE DAME DU LAC, an Indiana Corporation B: Y � Reverend E. William Beauchamp, C.S.C., as Executive Vice President and Secretary rq�•JY. (Corporate 56.81);J" r -��,y;L,..• >; ,'fir 11.•.. a . • f1 l y 'ell The foregoing instrument was acknowledged before me this day of M"Lu , 1998, by Reverend E. William BYrso hamp; .S.C., as Executive ice President and Secretary of UNIVERSITY TRE DAM DU AC, an'-1 diana Corporation, on behalf of the Corporation. a nally k wn to _MP r has produced as "—ide 'cation. - (seal) Exhibit A Page 20 of 35 pages Lease No. 4233 Notary Pu SHERRY LOtJ15EDEPOY y NOTARY PUBLIC STATE OF hND ,A ST. jOSEPH COUNTY: Print Name , My Commission Expires: 2 5481 `.. EXHIBIT A .r► Tract No. FV-1oa.W6 All that part of the North 361.74 as measured along the centerline of state Road A-1-A Of the South 1887.80 feet (as measured at right an. in Township 36 South, Range 41 East, St. Lucie County, Florida,— lying West of State al Sections 4 and 5, Road A-1-A. to Tract No. FV-100-007 All that part of the North 361.74 as measured along the centerline of state Road A-1-A of the South 1887.80 feet (as measured at right angles) of Fractional Section 4, Township 36 South, Range 41 East, St. Lucie County, Florida, lying East of State Road A-1-A. ME 0AE38 i Ob BOOK T-"4Z3a- MIUM88M Exhibit A Page 21 of 35 pages Lease No. 4233 a JoAnne Holman, Clerk of the Cirtr,` Court - St. Lucie County File Number:1-650939 OR BOOK-11-61. PAGE 0770 Recorded: 07-24-98 04:01 P.M. THIS INSTRUMENT PREPARED BY AND RETURN TO: Lynn D. Solomon, Esq. Simmons & Clyne, P.A. 145 N.W. Central Park Plaza, Suite 200 Port St. Lucie, FL 34986 Courthouse Annex Box 9 * Doc Assump: $ 0.00 * DOC Tax : $ 14140.00 * Tnt Tax : $ 0.00 Tax Folio No.: 3504-223-0001-010/1 a e-'s- R L_ Project: Hutchinson Island/Indian River Lagoon/Blind Creek Tract: - FV-100-001, FV-100-002, and FV-100-003 WARRANTY DEED In THIS INDENTURE made this y. day of / UILI 1998, between LUCERNE CORPORATION, a corporation organized and existing under the laws of the State of Delaware, the Grantor, whose mailing address is 100 N.W. 12th Avenue, Deerfield Beach, Florida 33442, in consideration of the sum of TEN AND NO/100THS DOLLARS ($10.00) and other valuable consideration, received from TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, as to an undivided sixty-seven percent (67%) interest and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, as to an undivided thirty-three percent (33%) interest, the Grantees, a public corporation of the State of Florida with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, the receipt of which is hereby acknowledged hereby grants, bargains, sells and conveys to the Grantees, their successors and assigns forever, the real property located in St. Lucie County, Florida, described as: See Exhibit "A" attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; subject to restrictions, easements and reservations of record, if any, which are not reimposed by this Deed.---- -- Exhibit A Page 22 of 35 pages Lease No. 4233 r � � 0 *tI BOOK 1161 PAGE 07'. ,1 IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its name and its corporate seal to be affixed hereto, by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: LUCERNE CORPORATION, a Delaware 1 corporation Nho s K. Blanton, Vice President . Print Name: (Corporate Seal) Print Name: pae"X--< h1htk,0,r STATE OFD rl CLQ COUNTY OF (,/ '� The, foregoing instrument was acknowledged before me this �/ :...- ' day'of 1998, by Thomas K. Blanton, as Vice President of LUCERNE G-PIRPORATION, a Delaware corporation, on behalf of the corporation. He is personally known to me or has produced '�cJ identification. / 'ems OFLIrnN NOTARY S 'rARY PIJBLICD ��MO �MMISSIO NO. OF FLORA ��?bf1SS10N EXP; 4W48 UNE 19,1999 (seal) LY1sNSNIOpLOPUBLIC SrAMMNDSONOT OMMSSIONN OF FLO)MM EXP.1Ci rCi��� 012\sfwmd\1ucerne\warrdeed. cor Exhibit A Page 23 of 35 pages Lease No. 4233 Notary Public Print Dame My Commission Expires: 2 4 EXHIBIT A OR BOOK �[-16:L PAGE 0772 Tract No. FV-100-001 All that part of Fractional Section 5, Township 36 South, Range 41 East, St. Lucie County, Florida (being a part of lands described in Official Records Book 282, Page 980, Public Records of said St. Lucie County); bounded on the North by the North line of said Section 5; bounded on the East by the Westerly right of way tine of State Road A-l-A, and bounded on the South by the Northerly Mean High Water Line of Little Mud Creek and bounded on the West by the Easterly Mean High Water Line of the Indian River. Tract No. FV-100402 All that pan of Fractional Section 5, Township 36 South, Range 41 East, St. Lucie County, Florida (being a part of lands described in Official Records Book 282, Page 980, Public Records of said St. Lucie County); bounded on the East by the Westerly right of way line of State Road A-1-A; bounded on the South by the North line of the South 2889.8 feet of said Section 5, as measured alonk the Easterly line thereof; and bounded on the West by the Easterly Mean High Water Line of the Indian River and bounded on the North by the Southerly Mean High Water Line of Little Mud Creek. Tract No. FV-100-003 All that part of Fractional Sections 4 and 5, Township 36 South, Range 41 East, St. Lucie County, Florida (being a part of lands described in Official Records Book 282, Page 980, Public Records of said St. Lucie County); bounded on the North by the North line of said Section 5; bounded on the East by the Westerly Mean High Water Line of the Atlantic Ocean; bounded on the South by the North line of the South 2889.8 feet of said Sections 4 and 5 as measured along the Section line common to said Sections; and bounded on the West by the Easterly right of way line of State Road AIA. ME OAAO 0B BOOK T-TQ:" @@TTQTOAAO @ 5484 Exhibit A Page 24 of 35 pages Lease No. 4233 JoAnne Holman, Clerk of the Circuit Court - St. Lucie County File Number:1_650953 OR BOOK 3-161 PAGE 0807 THIS INSTRUMENT PREPARED BY Recorded: 07-24-98 04:01 P.M. AND RETURN TO: Lynn D. Solomon, Esq. Simmons & Clyne, P.A. - * Doc Assume: $ 0.00 145 N.W. Central Park Plaza, Suite 200* Doc Tax : $ 4508.00 Port St. Lucie, FL 34986 Courthouse Annex Box 9 Int Tax : $ 0.00 Tax Folio No.: 3504-321-0003-000/3, 3504-321 -0001 -000/9, and 3504-321-0002-000/6 Project: utchinson Island/Indian River Lagoon/Blind Creek Tract: FV-100-004 and FV-100-005 WARRANTY DEED THIS INDENTURE made this _ 12 day of Tlrt- Y� 1998, between OSHAWA HOLDING CORPORATION, a corporation organized and existing under the laws of the State of Florida, the Grantor, whose mailing address is 25 Colville Road, Toronto, Ontario, Canada M6M 2Y2, in consideration of the sum of TEN AND NO/100THS DOLLARS ($10.00) and other valuable consideration, received from . TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, as to an undivided sixty-seven percent (67%) interest and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, as to an undivided thirty- three percent (33%) interest, the Grantees, a public corporation of the State of Florida with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, the receipt of which is hereby acknowledged hereby grants, bargains, sells and conveys to the Grantees, their successors and assigns forever, the real property located in St. Lucie County, Florida, described as: See Exhibit "A" attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; subject to restrictions, easements and reservations of record, if any, which are not reimposed by this Deed. 5485 Exhibit A Page 25 of 35 pages Lease No. 4233 BOOK 1161 PAGE OSG �•+' IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its name and its corporate seal to be affixed hereto, by its proper officer thereunto duly authorized, the day and year first -above written. Signed, sealed and delivered in the presence of: OSHAWA HOLDING CORPORATION, a Florida corporation By: Print Name: /`% 1<aZ&Z P nt Name: STATE OF COUNTY OF �11(_r/4l J (Corporate Sealy,,::. K 'r The foregoing instrument was acknowledged before me this 17 day of J NG• Y,:.:`;`:'01 1998, by Anthony Greco, as President of OS -HAW. A HOLDING CORPORATION, a Florida corporation, on behalf of the co *rporation. He is personally known to me or has produced ., %i�"iy�-'��s .: r':�� �'�'� as identification. 1 t >I ` yJ Notary ublic "A Y r; (deal.) �yiL iy�L�y i�yl�ir'/fG Print Name oil\sfW\oshawa\warrdeed.cor Exhibit A Page 26 of 35 pages Lease No. 4233 My Commission Expires: 5485 EXHIBIT A OR BOOK I�L6�L PAGE OB09 Tract No. FV-Ioo-044 All that part of the North 1002.14 feet of the South 2889.8 feet of fractional Seetx0ns4.:. and 5, in Township 36 South, Range 41 Fast, St. Lucie County, Florida; lying W�sJof a' State Road A-1-A. { , Tract No, Fy-10(�-WS All that part of the North 1002.14 feet of the South 2889.8 feet of fractional Sections 4 State �Oad A- I -A.and 5; in Township 36 South, Range 41 East, St. Lucie County, Florida, lying East of 54$5 Exhibit A Page 27 of 35 pages Lease No. 4233 JoAnne Holman, Clerk of the Circuit Court - St. Lucie County File Number:1.650952 OR BOOK 1163_ PAGE 0802 THIS INSTRUMENT PREPARED BY Recorded: 07-24--98 04:01 P.M. AND RETURN TO: Lynn D. Solomon, Esq. Simmons & Clyne, P.A. Doc. Assume: $ 0.00 - - -- - 145 N.W. Central Park Plaza, Suite 200* Doc Tax : $ 32130.00 Port St. Lucie, FL 34988 # Int Tax $ 0.40 Courthouse Annex Box 9 Si7 F-- ai R I Tax Folio No.: 3504-333-0002-000/3, 3504-333-0001-000/6, 3508-111-0001-000/6 and 3508-111-0001-010/9 SDR--TRL Project: Hutchinson Island/Indian River Lagoon/Blind Creek Tract: FV-100-010 and FV-100-011 WARRANTY DEED THIS INDENTURE made this 9LC1 day of 1,7_/,/A 1998, between George Krantz and Mary Ann Krantz, husba d and wife, as to an undivided twenty-five percent (25%) interest, and Christ Krantz, a single man, as to an undivided seventy-five percent (75%) interest, the Grantor, whose mailing address is 9999 West North Avenue, Apt. 115, Wauwatosa, Wisconsin 53226, in consideration of the sum of TEN AND NO/100THS DOLLARS ($10.00) and other valuable consideration, received from TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, as to an undivided sixty- seven percent (67%) interest and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, as to an undivided thirty-three percent (33%) interest, the Grantee, a public corporation of the State of Florida with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, Palm Beach County, the receipt of which is hereby acknowledged hereby grants, bargains, sells and conveys to the Grantees, their successors and assigns forever, the real property located in St. Lucie County, Florida, described as: See Exhibit "A" attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; subject to restrictions; easements and reservations of record, if any, which are not reimposed by this Deed. 5482 Exhibit A Page 28 of 35 pages Lease No. 4233 *O�P BOOK 1161 PAGE 080*' IN WITNESS WHEREOF the Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of George krantz, Grantor Print Name: �o^'� ��• \�`— 3124 American Drive Milwaukee, WI 53221 Print Name: �pt [Al yt Res S G Print Name: Print Name: F-Ot- IC)o �kpmfo Print Name: 1,41?n .S-d 101h T 2 Exhibit A Page 29 of 35 pages Lease No. 4233 Mary nn Krantz, Grantor 3124 American Drive Milwaukee, WI 53221 Krantz, Grantor /est North Avenue, Apt. 115 tosa, WI 53226 5482 N **wdR BOOK 1161 PAGE 08040 STATE OF cctli•�141A COUNTY OF _ L-VS AKCc, le, The foregoing instrument was acknowledged before me this 1 day of ?`tl,.t , 1998, by George Krantz who is personally known to me or who has produced _ �s, as identification. CHANG NIM K I M T- COMM. #1102509 NOTARY PUBLIC-CALIFORNIA J, LOS ANGELES COUNTY My Comm. Expires June 26, 2000 STATE OF CI'1 �, 1ni ti COUNTY .OF W S AKk:!Lr Notary Pub G1444 Ni M kl ►� Print Name My Commission Expires: The foregoing instrument was acknowledged before me this day of 1Nl'1- , 1998, by Mary Ann Krantz who is personally known to me or who has produced as identification. CHANG NIM KIM COMM. #1102509 6TARYPUBLIC-CALIFORNIA LOS ANGELES COUNTY aMy Comm. Expires June 26, 2000 Exhibit A Page 30 of 35 pages Lease No. 4233 Notary Publ' CI•u,r N t H k Print Name My Commission Expires: 3 5482 At OR BOCK �� 6�. PAGE 080`'_'r STATE OF FLO COUNTY OF The fgqregoing instrument was acknowled ed met is day of sty , 199% b C rist Krantz who is persona 1 own to me or who has produced `'l�21Df� Deg es _.,�ic�IJSC as identification. (seal) O Uyo D OF FLOR VUBLIC Ncrr coM 5S10N �cPo. cv 012\sfwmd\forms\warrdeed. ind Exhibit A Page 31 of 35 pages Lease No. 4233 Notary Public �nr? Sd /0Mdn Print N6e My Commission Expires: 4 i 5482 EXHIBIT A Tract No. FV-100-01I All that port of the Northerly 466.41 feet of Fractional Section 9, Township 36 South, Range 41 East, as measured along the centerline of State Road AIA, lying East of said State Road AIA. AND The Southerly 628.09 feet of Fractional Section 4, Township 36 South, Range 41 East, as measured along the centerline of State Road A-1-A, St. Lucie County, Florida, lying Fast of State Road AIA. Tract No. FV-100-010 All that part of the Northerly 466.41 feet of Fractional Sections 8 and 9, Township 36 South, Range 41 East, as measured along the centerline of State Road AIA, lying West of said State Road AI AND The Southerly 628.09 feet of Fractional Sections 4 and 5, Township 36 South, Range 41 East, as measured along the centerline of State Road A-1-A, St. Lucie County, Florida, lying West of State Road AIA. C 0 iJO i _lljl', T Exhibit A Page 32 of 35 pages Lease No. 4233 54.2 JoAnne Holman, Clerk of the Cir Court - St. Lucie County File Number:IL650942 OR BOOK 1-1.61- PAGE 0778 Recorded: 07-24-98 04:01 P.M. THIS INSTRUMENT PREPARED BY AND RETURN TO: Lynn D. Solomon, Esq. Doc Assump: $ 0.00 Simmons & Clyne, P.A. Doc Tax • $ 25480.00 145 N.W. Central Park Plaza, Suite 200$ Int Tax : 0.00 Port St. Lucie, FL 34986 Courthouse Annex Box 9 Tax Folio No.: 3504-323-0001-000/5 and 3504-323-0002-000/2 Project: Hutchinson Island/Indian River Lagoon/Blind Creek Tracts: ' FV-100-008 and FV-100-009 WARRANTY DEED THIS INDENTURE made this day of July, 1998, between NORTH AMERICAN COMPANY LTD., a Florida limited partnership organized and existing under the laws of the State of Florida, the Grantor, whose mailing address is 312 S.E. 17th Street, Suite 300, Ft. Lauderdale, Florida 33316, in consideration of the sum of TEN AND NO/100THS DOLLARS ($10.00) and other valuable consideration, received from TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, as to an undivided sixty-seven percent (67%) interest and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, as to an undivided thirty- three percent (33%) interest, the Grantees, a public corporation of the State of Florida with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, the receipt of which is hereby acknowledged hereby grants, bargains, sells and conveys to the Grantees, their successors and assigns forever, the real property located in St. Lucie County, Florida, described as: See Exhibit "A" attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; subject to restrictions, easements and reservations of record, if any, which are not reimposed by this Deed. - - 5483 Exhibit A Page 33 of 35 pages Lease No. 4233 OR BOOK 1 161 PAGE 0 7? -.10 16, IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its name and its seal to be affixed hereto, by its_ proper, partner thereunto __duly _ authorized, the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: L(Kd i r'.��— Print Name:. N<<: o L 1,1— t?,LOV CC --(- STATE 0 COUNTY OF 1' NORTH AMERICAN COMPANY LTD., - a Florida Limited Partnership - By: Charles L. Palmer III Managing General Partner The foregoing instrument was acknowledged before me this a l::A day of 1998, by Charles L. Palmer III, as Managing General art r of NORTH AMERICAN COMPANY LTD., a Florida limited partnership, on behalf of the partnership. He is personally known to me x=#a5-- prs-ed--- -w ntlif —icatofh Notary Public OFFICL4L NOTARY SEAL SHARON K DRESSLER (seal) A Print Name COMMISSION NO. CC7251os MY COMMISSION EXP. APR. 4,2002 My Commission Expires: 012\sfwmd\northam\warrdeed. cor 2 Exhibit A Page 34 of 35 pages Lease No. 4233 5483 Tract No. FV-100-008 AlI that part of the North 973.31 feet (being the same as the North 1053.49 feet as measured along A-1-A) of the South 15 the centerline of State Road 53.59 feet of Sections 4 and 5, Township 36 South, Range 41 East, St. Lucie County, Florida, lying West of said State Road A-i-A. Tact No. FV-100-009 All that part of the North 973.31 feet (being the same as the North 1053.41) feet as measured along the centerline of State Road A-1-A) of the South 1553.59 feet of Section 4, Township 36 South, Range 41 East, St. Lucie County, Florida, lying East of said State Road A-1-A. ME OA.SE3 OK BOOK a-TQ:r OUxMAMH Exhibit A Page 35 of 35 pages Lease No. 4233 5483 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB 1400 ITEM NO. C - 8 DATE: 10-26-99 REGULAR [ ] PUBLIC HEARING [ ] CONSENT IX l PRESENTED BY: Harvey Lincoln SUBJECT: Establishing Extension Agent's milage reimbursements for FY99-2000 BACKGROUND: Monthly mileage reimbursement rates are established for County Extension Office staff each year, based on mileage logs kept by that staff. The data for establishing the FY99-2000 rates is attached. FUNDS AVAILABLE: N.A. PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board of County Commissioners approve the FY99-2000 monthly milage reimbursement rate for Extension Agents at $217.50. COMMISSION ACTION: [ X] APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Dept: [9191k41*11j;i Z. ,- oug Anderson County Administrator coordination/Signatures Management & Budget: C Purchasing: Public Works: Finance: (Check for Copy only, if applicable) Other: AGRICULTURE MEMORANDUM TO: Doug Anderson, Assistant County Administrator FROM: Anita Neal, Interim County Extension Director DATE: October 13, 1999 RE: Extension Agents' Mileage Reimbursements for FY99-2000 Attached please find a September mileage log for Extension staff members listed below, and the amount approved for each agent per month in the FY98-99 budget. MILES TRAVELED IN SEPT. 1998 ACTUAL REIMBURSEMENT @ .29MLE AVERAGED REHABURSEMENT REQUESTED AGENT Anita S. Neal 690 $200.01 $217.50 John W. Hebb, Jr. 855 $247.95 $217.50 Debbie McNeill 876 $254.04 $217.50 Diane C. Franzen 706 $204.74 $217.50 Kenneth T. Gioeli 806 $233.74 1$217.50 In the past, the Office of Management and Budget has prepared the agenda request for the Board's approval of the disbursement of funds, using these logs as backup. Please note that the log for my own travel requires your approval signature; please sign this before forwarding to the budget office. If you have any questions, please give me a call. JFC/ca OCT 14 199 �. g CO. HDivil{q. OFFICE ST. LUCIE COUNTY COOPERATIVE EXTENSION MILEAGE LOG: MONTH OF Sot=h 4 1999 I certify that the mileage listed below was incurred in the performance of my official duties: Signed: Approv( Signature _ Anita S. Neal Name of Employee (Typed) Total Miles: 690 Date: Agriculture Department DATE DESTINATION PURPOSE ODOMETER AT ODOMETER ON TOTAL MILES 1999 DEPARTURE RETURN 09/01 Home to Lesco, to SLC Mtg to review programming 43,956 44,021 65 Exten., to North County, to /office work/Lakewood St Lucie County Exten., to Park site review/office IRREC, to home work/leadership class/home 09/02 Office to SLC Admin Bldg, Staffmeeting/home owner 44,036 44,098 62 to office, to S. County, to St site review/review Lucie County Exten., to contracts/home home 09/03 Home to Indian River Drive, Clean up Audubon 44,107 44,146 39 to home, to WPSL (sick House/Survey Landscape/ leave incentive day), home Home/Radio Presentaion/ Home 09/06 Home, to Extension Office, Prepare Annual -Perennial 44,192 44,226 34 to Home Presentation 09/07 Exten. Office to SLC Budget 44,249 44,286 37 Admin, to office, to IRREC, Meeting/Presentation to to home Annual -Perennial class 09/08 Home, to SLC Exten, to Pick up meeting materials/ 44,315 44,336 21 Lake Alfred, to SLC Exten., CED meeting/Leadership to IRREC, to home Class/Home DATE DESTINATION PURPOSE ODOMETER ODOMETER TOTAL AT ON MILES DEPARTURE RETURN 19" 09/09 SLC Exten, to SLC Admin, Staff Meeting/Advisory 44,382 44,441 39 to SLC Exten, to Tropical Meeting/Landscape East Condominium to Review/Budget Meeting Home, to SLC Admin 09/13 SLC Exten, to RKREC, to SLC Exten Staff 44,502 44,571 69 Pathy Farm, to RMC, to Meeting/Pick up Betsy SLC Exten. Lamb/site Review at Pathy Farm/To HU?EC and SLC Exten. to ready for storm 09/16 SLC Exten, to SLC Admin, StaffMeeting/Program 442660 44,722 62 to SLC Exten, to Villiage Review/Garden review/Pick Green Elem/Lowes, up Plants/Budget Meeting Home/SLC Admin 09/17 SLC Exten, to IRREC, to Meeting with Client/Review 44,754 44,812 58 SLC Exten, to South PSL, findings with Dr. Arnold/ to Vista St Lucie Condos, Prepare Program/Check site Home for land problems/review Canary Island Date Palms 09/20 SLC Exten, to Moorings StaffMeeting/Indian River 44,833 44,892 59 Club, to SLC Exten, to Citrus League Meeting/ Haupt -Roberts, to Home Nursery Plants for Project/ Home 09/21 Home to S. County Site, to Review Homesite✓Office 44,892 44,940 48 SLC Exten., to Hayslip work/Discuss Dupuis Nursery, to Home, to Specimens/prepare for Soils .port trip to N. Carolina 09/27 SLC Exten., to RMC, to Staff Meeting/Aquaculture 45,132 45,171 39 SLC Exten, to Walmart, to Advisory Committee Mtg/ SLC Exten, to Home Prepare for Presentations/ Pick-up refreshments for meeting/ Environmental Hort. Advisory Meeting/ Home 09/28 Home, to SLC Exten, to Presentation & Meeting 45,209 45,247 38 Lake Alfred, to SLC Exten, Preparation/Pick up to IRREC, to Home Equipment/Finalize Conference data/Look at Plants for Hurricane House TOTAL 690 ST. LUCIE COUNTY COOPERATIVE EXTENSION MILEAGE LOG: MONTH OF &ptemta 4, 1999 I certify that the mileage listed below was incurred in the performance of my official duties: Total Miles: 855 Date: John W Hebb Name of Employee (Typed) Agriculture Department DATE DESTINATION PURPOSE ODOMETER ODOMETER TOTAL AT ON MILES 19" DEPARTURE RETURN 09/01 Western End of County BMP's Meeting, Growers' 16,430 16,464 34 Meeting; Grove Analysis 09/02 South County Groves Valencia cuttings exp.; 161486 16,550 64 Experimental blocks set up. Grove analysis 09/03 South County Nurseries Valencia cutting exp; Grove 16,597 16,619 22 plot cuttings and analysis 09/07 North County Assignments Citrus Growers' Mtg.; Best 16,782 16,802 20 Management Practices meeting for Citrus Studies 09/08 South and Western County Grove analysis and 16,808 16,860 52 Citrus troubleshooting. 09/11 Southern County Grove Area analysis and 16,880 16,930 50 observation of experimental plots 09/15 North and Northwest Grove observations for fiuit 16,950 17,008 58 County areas. damage after hurricane analysis. ton DATE DESTINATION PURPOSE ODOMETER ODOMETER TOTAL AT ON MILES 1999 DEPARTURE RETURN 09/16 Southwest Grove area Grove plots with die -back 17,020 17,139 119 on Hamlin. Extension Adv. Visit. 09/17 South and Southwest Grove Best Management Practices 17,159 17,209 50 Acres for sustainable operations. Post -hurricane analysis. 09/21 South County Grove Area Valencia Cuttings. 17,219 17,342 123 Area Grove Meeting. 4-H two county comm. Mtgs. 09/22 North County Groves Sexton Grove, Colbin 17,352 17,4021 50 Grove. Analysis; troubleshooting, weed mgt. 09/23 Western County Area Grove Analysis; 4-H and 17,412 17,500 88 Grower meetings 09/27 South County Grove Area Valencia Cuttings 17,500 17,608 88 Experimental plots. 4-H Shooting Sports mtg 09/29 West County 8t Local 4-H Shoot Sports Club mtg 17,628 17,665 37 and training. Lawnwood Elem School Advisory mtg. Commercial Nursery visits. TOTAL 855 Signed Appro, ST. LUCIE COUNTY COOPERATIVE EXTENSION MILEAGE LOG: MONTH OF SEPTEMBER 1999 I certify that the mileage below was incurred in the performance of my official duties: Total Miles: 876 Date: October 8, 1999 Agriculture Name of Employee: Debbie McNeill Department Date Destination Purpose Odometer at Departure Odometer at Return Total Miles 9-1- 99 RIVERSEDGE AND WINDMILL PT. PROGRAM AND DELIVERY 86546 86603 57 RIVERSEDGE AND FAIRLAWN PROGRAM AND DELIVERY 86621 86660 39 9-2- 99 RIVERSEDGE AND SLE DELIVERY 86665 86708 43 9-3- 99 WESTWOOD HIGH AND FARM LAWNWOOD AND MORNINGSIDE PROGRAM 86729 86741 12 9-7- 99 PROGRAM AND DELIVERY 86753 86816 63 9-8- 99 LAWNWOOD PROGRAM 86820 86837 17 9-9- 99 WEATHERBEE AND FK SWEET PROGRAM 86845 86884 39 9-10- 99 SLE AND RIVERSEDGE LAWNWOOD AND FARM SLE AND WINDMILL PT PROGRAM 86919 86955 36 9-13- 99 PROGRAM 86960 86981 21 9-14- 99 PROGRAM AND DELIVERY 86994 87046 52 9-15- 99 m 9-16- LAWNWOOD AND ST LUCIE PROGRAM 87050 87101 51 99 WEST 9-17- PUBLIX/AlA MEETINGS 87106 87142 36 99 PRINTING/TRIBUNE/SPEEDY PRINTING 9-21- GARDEN CITY AND SLE DELIVERY 87189 87261 72 99 AND MARIPOSA 9-22- SLE AND S. HUTCHINSON PROGRAM 87266 87307 41 99 ISLANS 9-23- RIVERSEDGE AND PROGRAM 87327 87382 57 99 WINDMILL PT 9-24- FARM/PUBLIX/SPEEDY MEETINGS 87385 87412 27 99 PRINTING 9-27- MORNINGSIDE AND DELIVERY 87459 87522 63 99 LAWNWOOD 9-28- PSL AND S. HUTCHINSON PROGRAM 87534 87589 55 99 ISLAND 9-29- SAME AS ABOVE PROGRAM 87596 87651 55 99 9-30- GARDEN CITY AND S. PROGRAM 87656 87696 40 99 HUTCHINSON ISLAND TOTAL 876 M v.ro ST. LUCIE COUNTY COOPERATIVE EXTENSION MILEAGE LOG: MONTH OF SEPTEMBER M I certify that the q*eage below was incurred in the performance of my official duties: Diane Franzen Name of Employee Total Miles: 1% Date: 10/7/99 Agdgu bre Department Odometer Odometer at at Total Date Destination Purpose Return Miles 9/01 To post office and vicinity Pickup package and postage 7460 7490 30 stamps 9/02 Home Depot and other window Look at window displays, 7526 7580 54 and garage door companies window film, and garage doors 9/03 Treasure Coast Builders Meet with builders and look at 7618 7690 72 Association and mid -county special energy feature houses 9/07 Restoration House and area Program and find certain store 7758 7790 32 9/09 Home Depot and return Look over store energy related 7830 7834 4 visuals for use in programs and price check 9/09 St. Lucie West and other new Tour energy efficient homes 7870 7917 47 housing areas with new technology materials 9/10 Means Court and return Pick up report from Pre-K 7956 7977 21 Council 9/11 Fort Pierce and west county to Accompany 4-11'ers and 8020 9105 85 Okeechobee pickup printed info from Okeechobee Extension 9/13 Fort Pierce and Central County Deliver hurricane literature to 8151 8210 59 vicinity agencies and newspaper 9/14 Moved to Hurricane House For safety and emergency 8246 8278 32 assistance M Lwn Fort Pierce Housing Authority Planning Meeting 8316 8354 38 9/16 9/17 Port St. Lucie and trip to Indian Program and pick up planning 8390 8455 65 River Plantation materials for 2000 FAEP meeting 9/20 To Lowe's, Tribune and Fort Deliver news article and shop 8533 $569 36 Pierce vicinity for visuals 9/21 Fort Pierce and vicinity Shop for program supplies, 8601 8649 48 program at Restoration House and pickup library materials 9122 St. Lucie West Pick up library materials 8681 8713 32 9/23 Fort Pierce and vicinity Visit Restoration House to 8755 8777 22 deliver pruned materials 9/24 Port St. Lucie and St. Lucie West Speak with clients about $808 8837 29 vicinity program, daycare givers program materials Total 706 err ST. LUCIE COUNTY ` o COOPERATIVE EXTENSION MILEAGE LOG: MONTH OF SEPTEMBER 1999 I certify that the mileage listed below was incurred in the performance of my official duties. Approved: Signature Kenneth T. Gioeli Name of Emnlovee ( ed Total Miles: R06 Agriculture Department - Date Destination Purpose Odometer at Odometer Total Departure on Return Miles 9-1-99 Manatee Center - vicinity finalize summer camp details 10719 10756 37 and return 9-3-99 Indian River Research and Meet with Chris Wilson 10943 10945 2 Education Center 9-7-99 Morningside Branch nuisance wildlife 11143 11212 69 Library - vicinity and return 9-8-99 Lowe's hardware - vicinity locate and price training 11280 11359 79 and return supplies 9-10-99 Means Court - vicinity and Meet with Carole Gooding 11444 11472 28 return 9-13-99 Parkway Elementary - Meet with instructors 11596 11633 37 vicinity and return regarding environmental programs 9-16-99 Header Canal Road - Gopher tortoise 11817 11870 53 vicinity and return identification and rescue 9-17-99 Manatee Center - vicinity Meet with Manatee Center 11972 12011 39 and return teacher 9-20-99 Means Court - vicinity and deliver educational materials 12245 12270 25 return 9-21-99 Midport Place H - vicinity nuisance wildlife 12391 12460 69 and return identification 9-22-99 Home Depot - vicinity and locate and price training 12539 12554 15 return supplies 9-23-99 WPSL - vicinity and return record radio show 12653 12730 77 9-24-99 Heathcote Botanical delivery bat house materials 12809 12843 34 Gardens - vicinity and return 9-25-99 South Jetty - vicinity and monitor after effects of 12931 12976 45 return Hurricane Floyd 9-27-99 IRCC St. Lucie West conduct CORE training 13111 13166 55 campus - vicinity and return 9-28-99 Mariposa Elementary - schoolyard ecosystem 13251 13330 79 vicinity and return program/collected plant samples 9-29-99 Pesticide Container recycling site maintenance 13409 13433 24 Recycling facility at the landfill - vicinity and return 9-30-99 Red Cross - vicinity and meet with Red Cross 13527 13566 39 return Manager TOTAL 806 i 0 M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ITEM NO. _ AEI DATE: October 26, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: Donald B. W st, P.E. County Engineer SUBJECT: Enter into a work authorization with Lindahl, Browning, Ferrari & Hellstrom, Inc. (LBFH) for continuing engineering services to provide construction contract administration for stormwater retrofitting -water quality enhancement within NSLRWCD Canals C-23 & C-28 and the Oleander/Saeger Avenue culvert replacement. BACKGROUND: This project is multifaceted and includes both a culvert replacement and two water quality enhancement control structures. The culvert replacement, located at Oleander/Saeger Avenue and NSLRWCD Canal 23, is part of the ongoing Road and Bridge Maintenance Program. On July 7, 1998, the Board approved a work authorization with LBFH forthe engineering design of the culvert replacement which since has been completed. The second component of this project is a continuation of the stormwater retrofitting efforts within the St. Lucie River Estuary area to enhance water quality. To date, the installation of secondary water control structures and sediment traps have been completed within NSLRWCD Canals 9, 10, 38 & 39. On May 19, 1998, the Board approved a work authorization with LBFH forthe engineering design and permitting of NSLRWCD Canals 23 & 28 retrofits which since has been completed. This request is to enter into a work authorization with LBFH for engineering services related to construction contract administration in the amount of $14,000. Specific tasks are identified in the attached work authorization and includes the following project budget: Engineering Services $ 9,500 Inspection Services 4,500 Total $14,000 FUNDS AVAIL.: Funds will be made available in the following accounts; 101003-41134-563005-4310 and 101003- 41134-563021-4310. PREVIOUS ACTION: Previous action by the Board includes 1) May 19, 1998; approval of work authorization with LBFH for the engineering design and permitting of NSLRWCD Canals 23 & 28 retrofits in the amount of $39,500 plus $3,050 in permit fees and 2) July 7, 1998; approval of work authorization with LBFH for the engineering design of Oleander/Saeger Avenue culvert replacement in the amount of $14,400. RECOMMENDATION: Staff recommends the Board 1) enter into a work authorization with LBFH in the amount of $14,000 for construction contract administration and execution by the Chairperson and 2) approve the project budget. COMMISSION ACTION: [ APPROVED [ ] DENIED (] OTHER: [x]County Attorney IT— [x]Originating Dept. Public Works 'let Cou Coordi nation/Sia natures [x]Mgt. & Budge ' %v [x]Co. Eng 9*'NW . derson linistrator [x]Budget & Revenue Coord [ ]Finance Dept. r `r V4UI C97-09-202 WORK AUTHORIZATION FOR WA# ENGINEERING SERVICES RELATED To Construction Contract Administration Professional Services For CANALS 23 AND 28 WATER CONTROL STRUCTURES Pursuant to that certain Agreement between St. Lucie County, "COUNTY," and Lindahl, Browning, Ferrari & Hellstrom, Inc. (LBFH), "ENGINEER," for Engineering Services, "Agreement," (Contract No. C97-09-202), dated September 9, 1997, the ENGINEER agrees to provide the Scope of Services described in Exhibit A, and for the compensation described in Exhibit B. All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit C. IN WITNESS WHEREOF, the COUNTY has hereunto subscribed and the ENGINEER has affixed his, its, or their names, or name, on the dates below. ATTEST: WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA LaIn CHAIRMAN Date APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. By: L91NEER EDate Print Name: Marty E. Sanders, P.E. Vice President October 12, 1999 P:198-00360&-Doc & SDC WorkAulhor-0l.doc Page 1 of 4 St. Lucie County Canals 23 and 28 Water Control Structure Design En `r./ CANALS 23 AND 28 WATER CONTROL STRUCTURES EXHIBIT A SCOPE OF SERVICES The ENGINEER shall provide the following services for the project: The ENGINEER shall perform the necessary work on an authorized basis as requested by the COUNTY. Generally, the ENGINEER's work shall include the preparation of the Bid Documents and the Contract Administration and Construction Services for the bidding and construction of the culvert replacement and water control structures located at Oleander Avenue and North St. Lucie River Water Control District (NSLRWCD) Canals No. 23 and 28, St. Lucie County, Florida. SECTION 1- (Phase 61): BID PACKAGE PREPARATION: The ENGINEER shall prepare and assemble documents required for contractor bidding including specifications, bid forms and addendums. The COUNTY shall provide word perfect or other compatible format word processing data files including standard verbiage and forms required in the bid package. This effort is limited to one response to comments generated by COUNTY Staff. The ENGINEER shall provide 2 copies of the plans and bid documents and one set of reproducible documents (mlyars and unbound booklets) to St. Lucie County for their reproduction and distribution to prospective bidders and contractors. The ENGINEER shall attend the pre -bid and bid opening meetings and shall prepare a tabulation of the bids received by the COUNTY and make recommendations as to the award of the construction contract. SECTION 2 - (Phase 27): UTILITY COORDINATION: The ENGINEER shall provide utility companies copies of construction plans and project schedule. Engineer will work with utility companies to schedule the necessary relocation work to avoid delays of the project. SECTION 3 - (Phase 47): U.S. ARMY CORPS OF ENGINEERS PERMIT EXTENSION APPLICATION: The ENGINEER will prepare an application, on behalf of the CLIENT, the intent of which is to extend the existing U.S. Army Corps of Engineers permit. Our work will consist of supplying the ACOE with general, administrative information relative to the application and the proposed construction. SECTION 4 - (Phase 60): CONSTRUCTION SERVICES (Limited): Part 4a. Attend a pre -construction meeting for the project in conjunction with the selected Contractor. Part 4b. Provide assistance as requested during construction up to 24 hours responding to contractor questions as requested by the County. Part 4c. Provide certification of project completion to appropriate governing agencies that shall include record drawings to be provided by the contractor. October 12, 1999 Page 2 of 4 St. Lucie County P.198-003618id-Doc & SDC Wo kAulha -01.doc Canals 23 and 28 Water Control Structure Design EXMIT B COMPENSATION TO THE ENGINEER For the services set forth in Exhibit A, the fee compensation to the ENGINEER shall be as follows. The term "Lump Sum " (L.S.) indicates that the tasks specified will be performed for a fixed fee. Section Number/Title Section 1. BID PACKAGE PREPARATION Section 2. UTILITY COORDINATION Section 3. U.S. ARMY CORPS OF ENGINEERS PERMIT EXTENSION APPLICATION Section 4. CONSTRUCTION SERVICES Total Work Section 1 through 4 Special provisions: Amount of Compensation $5,500.00 $2,500.00 $1,500.00 $4,500.00 $14,000.00 1.) Title searches or reviews and construction stakeout are not a part of this scope. 2.) Does not include daily or random field observation. 3.) Construction plan revisions are not part of this scope. Type of Compensation Lump Sum Time and Expense Time and Expense Time and Expense October 12, 1999 Page 3 of 4 St. Lucie County P.198-00361W-Doc & SDC WorkAuthor-0/.doc Canals 23 and 28 Water Control Structure Design EXHIBIT C TIME SCHEDULE Section Number/ Title Section 1. BID PACKAGE PREPARATION Section 2. UTILITY COORDINATION Section 3. U.S. ARMY CORPS OF ENGINEERS PERMIT EXTENSION APPLICATION Section 4. CONSTRUCTION SERVICES No. Calendar Days for Completion 30 Days from Notice to Proceed. 30 Days from Notice to Proceed 30 Days from Notice to Proceed 90 Days from Notice to Proceed October 12, 1999 Page 4 of 4 St. Lucie County A 98-00360d-Doc & SOC Wo k9ulh r-0/.doc Canals 23 and 28 Water Control Structure Design VT. LUCIE COUNTY ' MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA October 26,1999 1. MINUTES Approve the minutes of the meeting held October 12,1999. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants Lists No. 54 and No. 55. Approve Warrants List No. 3 and No. 4. 2. COUNTY ATTORNEY Exotic Plant Eradication - Consider staff recommendation to approve the first amendment to the September 8,1998 contract with Native Technologies, Inc., and authorize the Chairman to sign the amendment upon receipt of the signed originals from the contractor. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. E5 MOSQUITO CONTROL DI>TRiCT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 12, 1999 Tape: 2 Convened: 10:45 a.m. Adjourned: 10:46 a.m. Commissioners Present: Chairman, Doug Coward, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Cliff Barnes Others Present: Doug Anderson, County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director; Dennis vlurphy, Asst. Community Development Director; Ray Wazny, Public Works Director; Bill Blazak, Utilities Director, Jim David, Mosquito Control Director; Harvey Lincoln, M & B Manager; Don West, County Engineer; Deputy Nickel; A. Millie Delgado, Deputy Clerk MINUTES (2-0439) It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the minutes of the meeting held September 28, 1999; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENT None 3. CONSENT AGENDA (2-0443) It was moved by Com. Lewis, seconded by Com. Barnes, to approve the Consent Agenda to include Additions A-1; and, upon roll call, motion carried unanimously. WARRANT LISTS The District approved Warrant List Nos. 52, 53 and No. 2. 2. MANAGEMENT/BUDGET A. Resolution No. 99-06- The District approved adopting the resolution appropriating the funds from the Bear Point Brochure Grant awarded by the South Florida Water Management District in the amount of $2,000. B. Resolution No. 99-07- The District approved the budget resolution acknowledging the revenue and appropriation of funds from FEbSi for the claim submitted after the 1999 Florida Wildfires in the amount of $873 for disaster relief assistance. -1- M ADDITIONS A-3. COUNTY ATTORNEY Interlocal Agreement/Pepper Park Addition- The District approved the proposed interlocal agreement between the Board of County Commissioners and the District, and authorized the Chairman to execute the agreement and approved a transfer of $65,000 in Contingency funds, to be expended towards the project cost which will be 100% reimbursed in March of 2000. There being no further business to be brought before the Discrict, the meeting was adjourned at 10:46 a.m. Clerk of Circuit Courts Chairman -2- m m o cD rn Go a -, c, a m o, rn UN ko e O mo z HH w a d' H a h L- OB K H W Im N '1-4 (n 0 0% O 1 i+ RI H O H o w 0 i H :k P4 U W C7 a a N N 3 ,d c++ 0 u o-� a H m H O E+ o� a O, mLn 3 tq r � N tw *✓' Eu r-I W ra t, o 0 0 0 [r C7 a m0000 m w P�4 m0000 to N N cn en a co 00 o, m m H Gow�� m O W Go I N o .00 z ui rA ri r- ri r-IH W HNNcnN N H MN ri H a w %D r-I oh to o1 0 A mz 0 CQ H O � oN U H H U Ln py r- H U m a� a a HHaro m > Id W H 11 M 3 aW b4.) q H H (d N p OHN OH•r,3 0 1.)1�1 4.)M4.) -A 04 Id -H Nzz� �r a 0 H oaa00 H Z H H M X � a � aoo,o ao $ ooH 1[l lf1 IA U1 b � rq D4 D4 r•I H ri ri H •r _ M H w a OD OD cn a OD OD a a o 0 N N O O a ri r-I a rn o, U to N N O a7 r r i N r-IO z m 1; NH N V V H a H H 00 k Ha W N 010 m Z rl � O �E PD H 1 i HN H U CHi to C7 ID a H A a O a7 a E. m H O E � o+ a o� r\i 3 N \ 1� Ln rl P4 Du rl 10/22/99 ST'lmo0CIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST # 4- 16-OCT-1999 a 22-OCT-1999 FUND SUMMARY- MOSQUITO `4UND TITLE mENSES PAYROLL 145 Mosquito Fund 623.43 863.16 GRAND TOTALS 623.43 863.16 AGENDA REQUEST I NO. ` --Z DATE: October 26, 1999 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: St. Lucie County Mosquito Control District PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Exotic Plant Eradication- First Amendment to September 8, 1998 Contract with Native Technologies, Inc. BACKGROUND: See attached memorandum CA 99-1461 FUNDS AVAILABLE: Account Number 145811-6230-534000-6607 PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Mosquito Control District approve the first amendment to the September 8, 1998 contract with Native Technologies, Inc., and authorize the chairman to sign the amendment upon receipt of the signed originals from the contractor. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: err County Attorney Originating Dept Finance: (Check for Copy only, if applicable): Dodgjg Anderson Cowfty Administrator Review and A rova Management & Budget: Purchasing: i-1,i ��9/// (/Other: Other: _ M INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie County Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 99-1461 DATE: October 20, 1999 SUBJECT: Exotic Plant Eradication - First Amendment to September 8, 1998 Contract with Native Technologies, Inc. Attached to this memorandum is a copy of the proposed first amendment to the September 8, 1998 contract with Native Technologies, Inc. for eradication of exotic plants in the mosquito control impoundments. Due to Hurricane Floyd, completion of the work was delayed. Attached to this memorandum is a copy of a proposed amendment to the contract to extend the completion date through and including December 15, 1999. The project is funded with monies from the FY' 99 Indian River Lagoon License Plate grant. CONCLUSION/RECOMMENDATION: Staff recommends that the Mosquito Control District approve the first amendment to the September 8, 1998 contract with Native Technologies, Inc., and authorize the chairman to sign the amendment upon receipt of the signed originals from the contractor. Respectfully submitted, Heather Youn Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Finance Director Management and Budget Manager Contractors Coordinator Deputy Clerk *%me FIRST AMENDMENT TO SEPTEMBER 8, 1998 CONTRACT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND NATIVE TECHNOLOGIES, INC. THIS FIRST AMENDMENT is dated this day of ,1999, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, hereinafterreferredto as "District", a dependent taxing district of the State of Florida, and NATIVE TECHNOLOGIES, INC., hereinafter referred to as "Contractor". WHEREAS, on September 8, 1998, the parties entered into a Contract which provided for the Contractor to eradicate exotic plants located in various mosquito control impoundment areas on North Hutchinson Island, hereinafter referred to as the "Contract"; and, WHEREAS, due to delays caused by Hurricane Floyd, the parties have determined that it is necessary to extend the term of the Contract through and including December 15, 1999. NOW, THEREFORE, in considerationof the mutual promises contained herein, the parties as follows: 1. Paragraph 4. TERM of the Contract shall be amended to read as follows: 4. TERM The term of this Contract shall being on the date first above written and shall continue through and including December 15,1999. Either party may terminate this Contract, as amended, upon thirty (30) days prior written notice to the other party. 2. Except as amended herein, the remaining terms and conditions of the September 8, 1998 Contract, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the District has hereunto subscribed and the Contract has affixed his, its, or their names, or name, and seal the date aforesaid. -1- ATTEST: SECRETARY ATTEST: SECRETARY g:\atty\agreemnt\ I a.native.tech.wpd ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT :4 CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY NATIVE TECHNOLOGIES, INC. I: -2- PRESIDENT (SEAL)