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Home My WebLink AboutAgenda Packet 04-08-2008 =-~¡"- IIMli.....~IIIlIiI~.Î.M_i¡..'" April 8, 2008 9:00 A.M. BOARD OF COUNTY,COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. 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 - 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 Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or publiC hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies 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 of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. I. II. f<W~ IV. 1,,¡edA. ~r~5-ú B. V. VI. April 8, 2008 9:00 A.M BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us lIlIî~Mllllimï_Wiílllimïllmïi_i~~MfIIIIl'~'h''''h''.¡¡¡I~ì¡:II__Î.Îi.¡¡Îl Joseph Smith, Chairman District No. 1 Paula lewis, Vice Chairman District No.3 Doug Coward District No.2 Charles Grande District No.4 Chris Craft District No.5 lIIIi_IMM~i_iIÎÎIÎIIlilWiíil_lim.j.~¡1¡.r"ilmïiill__MIIII_ilililllõiûiMililliliilÎ.lIlIî INVOCATION PLEDGE OF ALLEGIANCE MINUTES Approve the minutes from the April 1, 2008 meeting. PROCLAMATIONS! PRESENTATIONS Resolution No. 08-115 - Proclaiming April 8, 2008, as "General Aviation Day" in St. Lucie County, Florida - Consider staff recommendation that the Board adopt the attached Resolution No. 08-115 as drafted. Agricultural Development Steering Committee Preliminary Report - No Action required at this time. The Committee chair anticipates providing a brief overview of their work to date and will be happy to answer questions from the Board. GENERAL PUBLIC COMMENT ÞfpnJeJ 5 -ð ~ I "* ß4 (j~ Q.....-tenctd CONSENT AGENDA &?> 't-;' Pu.\le"\ pdocic ~ . \.; A. WARRANTS Approve warrant list No. 27 B. COUNTY ATTORNEY 1. Resolution No. 08-118 - Changes to Purchasing Manual - Section 14 Payment Procedures - Consider staff recommendation to approve Resolution No. 08-118 amending the Purchasing Manual. 2. Resolution 08-120 rescinding Resolution 04-210 - Consider staff recommendation to approve Resolution 08-120. 3. Fixed Base Operator (FBO) - Consider approval of Second Amendment and Restatement of Existing Fixed Based Operator Lease and approval of Fixed Base Operator Lease for an additional 50.87 acres (+/-) with Mobarak Aircraft, LLC. - Consider staff recommendation to approve the following documents, subject to review and approval by the County Attorney as to legal form and correctness, and authorize the Chairman to sign the documents to be held in escrow subject to the pending acquisition of Air Charter of Florida, Inc. 4. Interlocal Agreement County-Funded Court Employees - Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign. 5. strategic Planning 2008 - Permission to Advertise - Ordinance No. 08-018 Amending Chapter 1-2 (Administration) of the St. Lucie County Code of Ordinances and Compiled Laws to provide for the creation of Employee Separation Incentive Programs - Consider staff recommendation to advertise proposed Ordinance No. 08-018 for a Public Hearing on April 22, 2008, at 9 a.m. or soon thereafter as may be heard. C. PARKS AND RECREATION 1. Summer Camp Transportation/School Board Contract - Consider staff recommendation to approve the contract with the St. Lucie County School Board for use of school buses for summer camps and authorize the Chairman to sign. 2. Budget Resolution #08-113 - Consider staff recommendation to approve Budget Resolution #08- 113 accepting donations in the amount of $1,400.00 for the "Limo Scavenger Hunt" at Lincoln Park Community Center. 3. Seventh Amendment to I nterloca I Agreement with City of Port St. Lucie - Tradition Field Traffic Control and Security - Consider staff recommendation to approve the Seventh Amendment to Interlocal Agreement between St. Lucie County and Port St. Lucie for traffic control and security at Tradition Field Stadium. 4. Avenue D Boys Choir/Waive Fees/Indrio Road School House - Consider staff recommendation to approve the Avenue D Boys Choir's request for waiver of $200.00 in user fees for the May 9 and May 10 filming at the Indrio Road School House. 5. Children's Services Council/Swimming Lessons Grant - Consider staff recommendation to accept funding from the Children's Services Council of St. Lucie County in the amount of $6,478.00 to provide swimming lessons to 158 children this summer and authorize the Chairman to sign the contract. D. PUBLIC WORKS 1. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 4313 Avenue K, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 2. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 3355 Johnston Road, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 3. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 5030 Edwards Road, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 4. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 1910 North 13th Street, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a publiC hearing. 5. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 118 NE Jardain, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 6. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2110 Saint Lucie Boulevard, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 7. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2206 South 34th Street, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 8. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2516 Rolyat Street, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 9. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2702 Essex Court, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 10. Use of emergency bid procedures and award Project No. 08-05, Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal #65 to Johnson-Davis, Inc., in the amount of $282,790.00 - Consider staff recommendation to approve the use of emergency bid procedures and award Project No. 08-05, Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal #65 to Johnson-Davis, Inc., in the amount of $282,790.00 and authorize the Chairman to sign. E. PUBLIC SAFETY 1. Certificate of Public Convenience and Necessity (CON) Renewal of Coastal Care Advanced Life Support Transport Service for a Class B & F CON - Consider staff recommendation to approve the renewal application of Coastal Care Advanced Life Support Transport Service for a Class B & F CON. 2. Certificate of Public Convenience and Necessity (CON) Renewal Application for We Care of the Treasure Coast for a Class B & F CON - Consider staff recommendation to approve the renewal application of We Care of the Treasure Coast for a Class B & F CON. 3. Certificate of Public Convenience and Necessity (CON) Renewal Application for American Jets, Inc. - Consider staff recommendation to approve the renewal application of American Jets, Inc., Class E CON. 4. Certificate of Public Convenience and Necessity (CON) Renewal Application for A Quality Care Transport - Consider staff recommendation to approve the renewal application of A Quality Care Transport for a Class F CON. 5. Certificate of Public Convenience and Necessity (CON) Renewal Application for American Medical Response for Class B, C, & F - Consider staff recommendation to approve the renewal application of American Medical Response for a Class B, C, & F CON. F. AIRPORT 1. Resolution 08-098 accepting the Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $536,000.00 to complete the design and installation of the security access control system at the St. Lucie County International Airport - Consider staff recommendation to approve Resolution 08-098 accepting the Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $536,000.00 for 80% of the $671,000 cost along with the additional $10,870 for 20% of the local match cost to complete the Phase 2 design and installation of the security access control system at the St. Lucie County International Airport and authorize the Chairman to execute the same. 2. Resolution 08-097 accepting the Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $32,475 to complete the upgrade to the Electrical Vault at the St. Lucie County International Airport - Consider staff recommendation to approve Resolution 08-097 accepting the Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $32,475 for 80% of the $40,594 cost, along with the $8,119 accompanying local match cost, to complete the upgrades to the Electrical Vault at the St. Lucie County International Airport and authorize Chair or designee to execute same. 3. Resolution 08-099 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) #424426-1-94-01 in the amount of $9,416 for 80% of the cost with a local share of $2,354 for a total project cost of $11,770 for the installation of lightning protection at the St. Lucie County International Airport - Consider staff recommendation approve Resolution 08-099 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) #424426-1-94-01 in the amount of $9,416 for 80% of the cost with a local share of $2,354 for a total project cost of $11,770 for the installation of Lightning Protection at the St. Lucie County International Airport, and authorize Chair or designee to execute same. G. HUMAN RESOURCES PULLED PRIOR TO MEETING Strategic Planning 2008 - Resolution No. 08-119 Section 2.02.02 Exempt Employees - Consider staff recommendation to adopt Resolution No. 08-119 and revising the policy to allow earning of comp time on an hour for hour basis. H. PURCHASING 1. Advertise a Request for Proposals (RFP) for a concessionaire to partially manage, and to provide and maintain a concession area at the new Skateboard Park - Consider staff recommendation to advertise a Request for Proposals (RFP) for a concessionaire to partially manage, and to provide and maintain a concession area at the new Skateboard Park. 2. Advertise an Invitation to Bid (DB) for the Rental of Construction and Industrial Equipment - Consider staff recommendation to advertise an Invitation to Bid (ITB) for the Rental of Construction and Industrial Equipment. 3. Award of Invitation to Bid (ITB) 08-029 construction of Platt's Creek Stormwater Treatment Alum Facilities - Consider staff recommendation to award Invitation to Bid (ITB) 08-029 to the lowest responsive, responsible bidder, Close Construction, Inc., in the amount of $230,197.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. 4. Fixed Asset Inventory - Property Record Removal - Consider staff recommendation to remove the attached records from the fixed asset inventory of the Board of County Commissioners. I. GROWTH MANAGEMENT Equipment Request EQ#08-311 for the purchase of Laserfiche Integrator Toolkit software in the amount of $2,917.00 - Consider staff recommendation to approve Equipment Request EQ#08-311. J. CENTRAL SERVICES 1. EZ Lock Shutters, Inc. - Change Order No. I to C08-01-058 - Lincoln Park Community Center- Consider staff recommendation to approve Change Order No.1 to C08-01-058, EZ Lock Shutters, to increase the contract sum for the Lincoln Park Community Center $525; total sum for this location will be $2500.00, and the total contract sum (Airport Customs Building and Oxbow Eco- Center) will be $100,600.00 and authorize the Chairman to sign the Change Order as prepared by the County Attorney. 2. Old Courthouse/ Courthouse Annex Renovation Projects - Consider staff recommendation to approve the consolidation of available funds in the amount of $2,364,415.00, making available a total of $8,400,516.00 for the Old Courthouse/Courthouse Annex Renovation Projects leaving an estimated balance after renovation of $954,005.00 on hand for contingency, phones/data, security and court furniture. K. PARKS REFERENDUM Emerson Avenue Sidewalk Project/Creech Engineering, Inc,fAmendment to Work Authorization #5 (Contract No. C06-04-237) - Consider staff recommendation to approve Amendment to Work Authorization #5 with Creech Engineers, Inc., in the amount of $2,000.00 to provide Florida Department of Transportation Coordination Services for the Emerson Avenue Sidewalk Project. L. COMMUNITY SERVICES Approval to complete pre-application for a u.s. Department of Agriculture (USDA), Rural Housing Service (RHS) grant that awards up to $100,000.00 to be used to rehabilitate housing for very low and low- income residents - Consider staff recommendation to approve the completion of the pre-application for the USDA Rural Housing Service grant, and for the Chairman to sign the pre-applications as prepared by the Housing staff. END OF CONSENT AGENDA REGULAR AGENDA VII. PUBLIC HEARINGS ~r~ GROWTH MANAGEMENT Amending Resolution No. 06-052, adopted on April 18, 2006, which granted a Change in Zoning from the AG-1 (Agriculture -1 du/acre) Zoning District to the PUD (Planned Unit Development - Plantation Acres) Zoning District and Preliminary Planned Unit Development site plan approval for the project to be known as Plantation Acres - Planned Unit Development, by amending Section C to correct scrivener's error in expiration date of approval; providing an effective date - Consider staff recommendation to approve Draft Resolution No. 08-089 amending Resolution No. 06-052. B. ~ COMMUNITY SERVICES (JefX Modification Number 1 to revise program budget, scope of work and national objective for the St. Lucie 1)¡\) D County CDBG DRI Grant # 07DB-3V-10-66-01-Z04 in order to address blight in St. Lucie County - 1 " ~~ Consider staff recommendation to approve Modification Number 1 to revise program budget, scope of work and national objective for the St. Lucie County CDBG DRI Grant # 07DB-3V-10-66-01-Z04 and authorize the Chairman to sign. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. ANNOUNCEMENTS 1. The Ribbon Cutting for the New Clerk of Court Building located at 201 South Indian River Drive, Fort Pierce will be on Wednesday, April 9, 2008 at 4:00 p.m. 2. The Ribbon Cutting reopening the Basketball Courts at I10us Ellis Park located at 1211 Avenue M, Ft. Pierce will be on Friday, April 11, 2008 at 2:00 p.m. 3. This year's Agricultural Tour, presented by the St. Lucie County Extension Advisory Council will be April 11, 2008, beginning at 7:30 a.m. at the USDA Horticultural Research Lab located at 2001 S. Rock Road in Fort Pierce. This year's theme is "Green and Blue," and focuses on sustaining St. Lucie County's natural resources with regard to the Agricultural industry. After the tour, participants will be invited to enjoy a complimentary lunch and tour of the USDA facility during the USDA's Open House event. For more information or to reserve your seat by March 28th, contact the Extension office at 462-1660. 4. The Oxbow Eco-Center will hold its "Living Green" Earth Day Festival on April 19th from 10:00 am until 3:00 pm at 5400 N.E. St. James Drive, Port St. Lucie. 5. The Board of County Commissioners will hold a Joint Meeting with the TCERDA on Friday, April 25, 2008, at 1:30 p.m. in Room #219 at the University of Florida Building located at 2199 S. Rock Road, Fort Pierce, FL 34945. 6. The Master Gardener Spring into Gardening Festival will be held on Saturday April 26 from 8-2 p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their products too. We will have a fashion show at 11:30 a.m. and the Taste of the Tropics at 12:30 p.m, where you can sample fruits you may have never tried before! The sale will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 for additional information. 7. The Board of County Commissioners will hold a Joint Meeting with the City of Fort Pierce on budget issues on Tuesday, May 13, 2008 at 2:00 p.m. in the County Commission Chambers. 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 meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-Iucie.fl.us ß_ii¡~imïil_..__ilr"N~~~iilllllblil_ill'-IÏ"'" """..ílill_ Charles Grande, Chairman District No.4 Doug Coward, Vice Chairman District No.2 Joseph Smith District No. 1 Paula Lewis District No.3 Chris Craft District No.5 _1~iü';""'..imïl.MI._lilf_Î' "Iijallllilil__fililf¡l.!""'__n.-_ I~MINUTES N~ ~Approve the minutes from the March 25, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA fl..Oo(lJJe0 A. WARRANTS (', \ç...ø Approve warrant list No. 26 and 27 B. PURCHASING Second Amendment to Contract C05-04-288 with Creel Pump, Inc. - Consider staff recommendation to approve the Second Amendment to Contract C05-04-288 with Creel Pump, Inc., extending the contract through April 11, 2009, and authorize the Chairman to sign the amendment as prepared by the County Attorney. 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 meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION CONTROL DISTRICT www.co.st-Iucie.fl.us ftli_~~lIililllll.mï~_~__lilil"millñl_l¡aliñMÎllimllliliÎIMI¡ Chris Craft, Chairman District No.5 Charles Grande, Vice Chairman District No.4 Doug Coward District No. 2 Joseph Smith District No. 1 Paula Lewis District No.3 ÎIIIi_illllil.I_~WiíD'''~''~'l\liil_lIIll_ÎiÎÎ¡iJ¡ltl$'_t''U' '.íiìlilìllil~ I. e~ MINUTES ~~j) Approve the m;o""" from the Manoh 25, 2008 meetiog. II. GENERAL PUBLIC COMMENT III. ONSENT AGENDA ~~(1YlY . ~» WARRANTS Approve warrant list No. 26 and 27 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 meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. M~.mm~.~~l··~ì.·' '··""···~,~..ìl:¡¡:_WdlIlIÏî¡__''Iîll_mïil April 8, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. 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 - 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 Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings will be heard at 9:00 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 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 of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A,M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. April 8, 2008 9:00 A.M BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us _~·"·'·l1~.IilM..t""I.~¡~.W'jÙ"_II_I~ Joseph Smith, Chairman District No.1 Paula lewis, Vice Chairman District No.3 Doug Coward District No.2 Charles Grande District No.4 Chris Craft District No.5 "'__œw.lI1ß"·'·' =r~M.~i~ ':·"·.1 ,.':.'.,. .' I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 1, 2008 meeting. IV. PRESENTATION Resolution No. 08-115 - Proclaiming April 8, 2008, as "General Aviation Day" in St. Lucie County, Florida - Consider staff recommendation that the Board adopt the attached Resolution No. 08-115 as drafted. B. Agricultural Development Steering Committee Preliminary Report - No Action required at this time. The Committee chair anticipates providing a brief overview of their work to date and will be happy to answer questions from the Board. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 27 /' B. COUNTY ATTORNEY ~Ot-' 1/" 1. Resolution No. >6'8-118 - Changes to Purchasing Manual - Section 14 Payment Procedures - Consider staff recommendation to approve Resolution No. 08-118 amending the Purchasing Manual. 2. Resolution 08-120 rescinding Resolution 04-210 - Consider staff recommendation to approve Resolution 08-120. pß 3. Fixed Base Operator (FBO) - Consider approval of Second Amendment and Restatement of Existing Fixed Based Operator Lease and approval of Fixed Base Operator Lease for an additional 50.87 acres( +/-) with Mobarak Aircraft, LLC. - Consider staff recommendation to approve the following documents, subject to review and approval by the County Attorney as to legal form and correctness, and authorize the Chairman to sign the documents to be held in escrow subject to the pending acquisition of Air Charter of Florida, Inc. 4. Interlocal Agreement County-Funded Court Employees - Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign. 5. Strategic Planning 2008 - Permission to Advertise - Ordinance No. 08-018 Amending Chapter 1-2 (Administration) of the St. Lucie County Code of Ordinances and Compiled Laws to provide for the creation of Employee Separation Incentive Programs - Consider staff recommendation to advertise proposed Ordinance No. 08-018 for a Public Hearing on April 22, 2008, at 9 a.m. or soon thereafter as may be heard. C. PARKS AND RECREATION 1. Summer Camp Transportation/School Board Contract - Consider staff recommendation to approve the contract with the St. Lucie County School Board for use of school buses for summer camps and authorize the Chairman to sign. 2. Budget Resolution #08-113 - Consider staff recommendation to approve Budget Resolution #08- 113 accepting donations in the amount of $1,400.00 for the "Limo Scavenger Hunt" at Lincoln Park Community Center. 3. Seventh Amendment to Interlocal Agreement with City of Port St. Lucie - Tradition Field Traffic Control and Security - Consider staff recommendation to approve the Seventh Amendment to Interlocal Agreement between St. Lucie County and Port St. Lucie for traffic control and security at Tradition Field Stadium. 4. Avenue D Boys ChoirfWaive Fees/Indrio Road School House - Consider staff recommendation to approve the Avenue D Boys Choir's request for waiver of $200.00 in user fees for the May 9 and May 10 filming at the Indrio Road School House. 5. Children's Services Council/Swimming Lessons Grant - Consider staff recommendation to accept funding from the Children's Services Council of St. Lucie County in the amount of $6,478.00 to provide swimming lessons to 158 children this summer and authorize the Chairman to sign the contract. D. PUBLIC WORKS 1. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 4313 Avenue K, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 2. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 3355 Johnston Road, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 3. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 5030 Edwards Road, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 4. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 1910 North 13th Street, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 5. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 118 NE Jardain, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a publiC hearing. 6. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2110 Saint Lucie Boulevard, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 7. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2206 South 34th Street, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 8. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2516 Rolyat Street, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 9. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2702 Essex Court, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 10. Use of emergency bid procedures and award Project No. 08-05, Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal #65 to Johnson-Davis, Inc., in the amount of $282,790.00 - Consider staff recommendation to approve the use of emergency bid procedures and award Project No. 08-05, Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal #65 to Johnson-Davis, Inc., in the amount of $282,790.00 and authorize the Chairman to sign. E. PUBLIC SAFETY 1. Certificate of Public Convenience and Necessity (CON) Renewal of Coastal Care Advanced Life Support Transport Service for a Class B & F CON - Consider staff recommendation to approve the renewal application of Coastal Care Advanced Life Support Transport Service for a Class B & F CON. 2. Certificate of Public Convenience and Necessity (CON) Renewal Application for We Care of the Treasure Coast for a Class B & F CON - Consider staff recommendation to approve the renewal application of We Care of the Treasure Coast for a Class B & F CON. 3. Certificate of Public Convenience and Necessity (CON) Renewal Application for American Jets, Inc. - Consider staff recommendation to approve the renewal application of American Jets, Inc., Class E CON. 4. Certificate of Public Convenience and Necessity (CON) Renewal Application for A Quality Care Transport - Consider staff recommendation to approve the renewal application of A Quality Care Transport for a Class F CON. 5. Certificate of Public Convenience and Necessity (CON) Renewal Application for American Medical Response for Class B, C, & F - Consider staff recommendation to approve the renewal application of American Medical Response for a Class B, C, & F CON. F. AIRPORT 1. Resolution 08-098 accepting the Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $536,000.00 to complete the design and installation of the security access control system at the St. Lucie County International Airport - Consider staff recommendation to approve Resolution 08-098 accepting the Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $536,000.00 for 80% of the $671,000 cost along with the additional $10,870 for 20% of the local match cost to complete the Phase 2 design and installation of the security access control system at the St. Lucie County International Airport and authorize the Chairman to execute the same. f~ 2. Resolution 08-097 accepting the Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $32,475 to complete the upgrade to the Electrical Vault at the St. Lucie County International Airport - Consider staff recommendation to approve Resolution 08-097 accepting the Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $32,475 for 80% of the $40,594 cost, along with the $8,119 accompanying local match cost, to complete the upgrades to the Electrical Vault at the St. Lucie County International Airport and authorize Chair or designee to execute same. 3. Resolution 08-099 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) #424426-1-94-01 in the amount of $9,416 for 80% of the cost with a local share of $2,354 for a total project cost of $11,770 for the installation of lightning protection at the St. Lucie County International Airport - Consider staff recommendation approve Resolution 08-099 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) #424426-1-94-01 in the amount of $9,416 for 80% of the cost with a local share of $2,354 for a total project cost of $11,770 for the installation of Lightning Protection at the St. Lucie County International Airport, and authorize Chair or designee to execute same. HUMAN RESOURCES strategic Planning 2008 - Resolution No. 08-119 Section 2.02.02 Exempt Employees - Consider staff recommendation to adopt Resolution No. 08-119 and revising the policy to allow earning of comp time on an hour for hour basis. H. PURCHASING 1. Advertise a Request for Proposals (RFP) for a concessionaire to partially manage, and to provide and maintain a concession area at the new Skateboard Park - Consider staff recommendation to advertise a Request for Proposals (RFP) for a concessionaire to partially manage, and to prOVide and maintain a concession area at the new Skateboard Park. 2. Advertise an Invitation to Bid (ITB) for the Rental of Construction and Industrial Equipment - Consider staff recommendation to advertise an Invitation to Bid (ITB) for the Rental of Construction and Industrial Equipment. 3. Award of Invitation to Bid (ITB) 08-029 construction of Platt's Creek Stormwater Treatment Alum Facilities - Consider staff recommendation to award Invitation to Bid (ITB) 08-029 to the lowest responsive, responsible bidder, Close Construction, Inc., in the amount of $230,197.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. 4. Fixed Asset Inventory - Property Record Removal - Consider staff recommendation to remove the attached records from the fixed asset inventory of the Board of County Commissioners. I. GROWTH MANAGEMENT Equipment Request EQ#08-311 for the purchase of Laserfiche Integrator Toolkit software in the amount of $2,917.00 - Consider staff recommendation to approve Equipment Request EQ#08-311. J. CENTRAL SERVICES 1. EZ Lock Shutters, Inc. - Change Order No. I to C08-01-058 - Lincoln Park Community Center- Consider staff recommendation to approve Change Order No.1 to C08-01-058, EZ Lock Shutters, to increase the contract sum for the Lincoln Park Community Center $525; total sum for this location will be $2500.00, and the total contract sum (Airport Customs Building and Oxbow Eco- Center) will be $100,600.00 and authorize the Chairman to sign the Change Order as prepared by the County Attorney. 2. Old Courthouse/ Courthouse Annex Renovation Projects - Consider staff recommendation to approve the consolidation of available funds in the amount of $2,364,415.00, making available a total of $8,400,516.00 for the Old Courthouse/Courthouse Annex Renovation Projects leaving an estimated balance after renovation of $954,005.00 on hand for contingency, phones/data, security and court furniture. K. PARKS REFERENDUM Emerson Avenue Sidewalk Project/Creech Engineering, Inc./Amendment to Work Authorization #5 (Contract No. C06-04-237) - Consider staff recommendation to approve Amendment to Work Authorization #5 with Creech Engineers, Inc., in the amount of $2,000.00 to provide Florida Department of Transportation Coordination Services for the Emerson Avenue Sidewalk Project. L. COMMUNITY SERVICES Approval to complete pre-application for a U.S. Department of Agriculture (USDA), Rural Housing Service (RHS) grant that awards up to $100,000.00 to be used to rehabilitate housing for very low and low- income residents - Consider staff recommendation to approve the completion of the pre-application for the USDA Rural Housing Service grant, and for the Chairman to sign the pre-applications as prepared by the Housing staff. END OF CONSENT AGENDA REGULAR AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT Amending Resolution No. 06-052, adopted on April 18, 2006, which granted a Change in Zoning from the AG-1 (Agriculture -1 du/acre) Zoning District to the PUD (Planned Unit Development - Plantation Acres) Zoning District and Preliminary Planned Unit Development site plan approval for the project to be known as Plantation Acres - Planned Unit Development, by amending Section C to correct scrivener's error in expiration date of approval; providing an effective date - Consider staff recommendation to approve Draft Resolution No. 08-089 amending Resolution No, 06-052. B. COMMUNITY SERVICES Modification Number 1 to revise program budget, scope of work and national objective for the St. Lucie County CDBG DRI Grant # 07DB-3V-10-66-01-Z04 in order to address blight in St. Lucie County - Consider staff recommendation to approve Modification Number 1 to revise program budget, scope of work and national objective for the St. Lucie County CDBG DRI Grant # 07DB-3V-10-66-01-Z04 and authorize the Chairman to sign. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. ANNOUNCEMENTS 1. The Ribbon Cutting for the New Clerk of Court Building located at 201 South Indian River Drive, Fort Pierce will be on Wednesday, April 9, 2008 at 4:00 p.m. 2. The Ribbon Cutting reopening the Basketball Courts at Ilous Ellis Park located at 1211 Avenue M, Ft. Pierce will be on Friday, April 11, 2008 at 2:00 p.m. 3. This year's Agricultural Tour, presented by the St. Lucie County Extension Advisory Council will be April 11, 2008, beginning at 7:30 a.m. at the USDA Horticultural Research Lab located at 2001 S. Rock Road in Fort Pierce. This year's theme is "Green and Blue," and focuses on sustaining St. Lucie County's natural resources with regard to the Agricultural industry. After the tour, participants will be invited to enjoy a complimentary lunch and tour of the USDA facility during the USDA's Open House event. For more information or to reserve your seat by March 28th, contact the Extension office at 462-1660. 4. The Oxbow Eco-Center will hold its "Living Green" Earth Day Festival on April 19th from 10:00 am until 3:00 pm at 5400 N.E. St. James Drive, Port St. Lucie. 5. The Board of County Commissioners will hold a Joint Meeting with the TCERDA on Friday, April 25, 2008, at 1:30 p.m. in Room #219 at the University of Florida Building located at 2199 S. Rock Road, Fort Pierce, FL 34945. 6. The Master Gardener Spring into Gardening Festival will be held on Saturday April 26 from 8-2 p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their products too. We will have a fashion show at 11:30 a.m. and the Taste of the Tropics at 12:30 p.m. where you can sample fruits you may have never tried before! The sale will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 for additional information. 7. The Board of County Commissioners will hold a Joint Meeting with the City of Fort Pierce on budget issues on Tuesday, May 13, 2008 at 2:00 p.m. in the County Commission Chambers. 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 meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-Iucie.fl.us ìUi_lIïli~ìltj¡j.IÎìU.i·lifíil~_.Ii~ Charles Grande, Chairman District No.4 Doug Coward, Vice Chairman District No.2 Joseph Smith District No. 1 Paula lewis District No.3 Chris Craft District No.5 Î_I¡~J¡lÎ¡¡iI.lilk'r""t~mMI_mlÌ.'i'n'kk~tl..Iñ~_.~llWv"·"¡¡¡~.:" '·¡J'¡;íllllî I. MINUTES Approve the minutes from the March 25, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 26 and 27 B. PURCHASING Second Amendment to Contract C05-04-288 with Creel Pump, Inc. - Consider staff recommendation to approve the Second Amendment to Contract C05-04-288 with Creel Pump, Inc., extending the contract through April 11, 2009, and authorize the Chairman to sign the amendment as prepared by the County Attorney. 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 meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION CONTROL DISTRICT www.co.st-Iucie.fl.us IiI__Jii",w.ìÎ~IìIÎlmmll.{~i.ìí~;ll¡'t'l!liilì~ììl~"ÎII_lm.Il¡_.il~ Chris Craft, Chairman District No.5 Charles Grande, Vice Chairman District No.4 Doug Coward District No.2 Joseph Smith District No. 1 Paula lewis District No.3 ill¡_ii.ll_l'''~''"ì'itíVìi~__m~_~ I. MINUTES Approve the minutes from the March 25, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 26 and 27 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 meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ... . April 8, 2008 9:00 A.M. BOARD OF COUNTY'COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. 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 - 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 Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed IDÍQI 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 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 of general publiC comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. . . April 8, 2008 9:00 A.M BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us MlIlIÏ.~_IIIIlIIlll'_"j_._"~~lIIl'lIlIîlill_'-¡j~ Joseph Smith, Chairman District No.1 Paula lewis, Vice Chairman District No.3 Doug Coward District No.2 Charles Grande District No.4 Chris Craft District No.5 í__.i_.llfMÎIIÌ_~I_lIlIîMtll.._.lilìï~¡mi.lll1j"i¡".í.lìlmiiMlililiilîñ1 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 1, 2008 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 08-115 - Proclaiming April 8, 2008, as "General Aviation Day" in St. Lucie County, Florida - Consider staff recommendation that the Board adopt the attached Resolution No. 08-115 as drafted. B. Agricultural Development Steering Committee Preliminary Report - No Action required at this time. The Committee chair anticipates providing a brief overview of their work to date and will be happy to answer questions from the Board. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 27 B. COUNTY ATTORNEY 1. Resolution No. 08-118 - Changes to Purchasing Manual - Section 14 Payment Procedures - Consider staff recommendation to approve Resolution No. 08-118 amending the Purchasing Manual. 2. Resolution 08-120 rescinding Resolution 04-210 - Consider staff recommendation to approve Resolution 08-120. 3. Fixed Base Operator (FBO) - Consider approval of Second Amendment and Restatement of Existing Fixed Based Operator Lease and approval of Fixed Base Operator Lease for an additional 50.87 acres (+/-) with Mobarak Aircraft, LLC. - Consider staff recommendation to approve the following documents, subject to review and approval by the County Attorney as to legal form and correctness, and authorize the Chairman to sign the documents to be held in escrow subject to the pending acquisition of Air Charter of Florida, Inc. 4. Interlocal Agreement County-Funded Court Employees - Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign. .. 5. Strategic Planning 2008 - Pennission to Advertise - Ordinance No. 08-018 Amending Chapter 1-2 (Administration) of the St. Lucie County Code of Ordinances and Compiled Laws to provide for the creation of Employee Separation Incentive Programs - Consider staff recommendation to advertise proposed Ordinance No. 08-018 for a Public Hearing on April 22, 2008, at 9 a.m. or soon thereafter as may be heard. C. PARKS AND RECREATION 1. Summer Camp Transportation/School Board Contract - Consider staff recommendation to approve the contract with the St. Lucie County School Board for use of school buses for summer camps and authorize the Chairman to sign. 2. Budget Resolution #08-113 - Consider staff recommendation to approve Budget Resolution #08- 113 accepting donations in the amount of $1,400.00 for the "Limo Scavenger Hunt" at Lincoln Park Community Center. 3. Seventh Amendment to Interlocal Agreement with City of Port St. Lucie - Tradition Field Traffic Control and Security - Consider staff recommendation to approve the Seventh Amendment to Interlocal Agreement between St. Lucie County and Port St. Lucie for traffic control and security at Tradition Field Stadium. 4. Avenue D Boys Choir/Waive Fees/Indrio Road School House - Consider staff recommendation to approve the Avenue D Boys Choir's request for waiver of $200.00 in user fees for the May 9 and May 10 filming at the Indrio Road School House. 5. Children's Services Council/Swimming Lessons Grant - Consider staff recommendation to accept funding from the Children's Services Council of St. Lucie County in the amount of $6,478.00 to provide swimming lessons to 158 children this summer and authorize the Chairman to sign the contract. D. PUBLIC WORKS 1. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 4313 Avenue K, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 2. Request the Board of County Commissioners give permission to advertise for a publiC hearing on May 13, 2008, to declare the structure at 3355 Johnston Road, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 3. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 5030 Edwards Road, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing, 4. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 1910 North 13th Street, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 5. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 118 NE Jardain, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 6. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2110 Saint Lucie Boulevard, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. <110 \ 7. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2206 South 34th Street, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 8. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2516 Rolyat Street, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 9. Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2702 Essex Court, Fort Pierce, Florida an unsafe building - Consider staff recommendation to advertise a public hearing. 10. Use of emergency bid procedures and award Project No. 08-05, Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal #65 to Johnson-Davis, Inc., in the amount of $282,790.00 - Consider staff recommendation to approve the use of emergency bid procedures and award Project No, 08-05, Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal #65 to Johnson-Davis, Inc., in the amount of $282,790.00 and authorize the Chairman to sign. E. PUBLIC SAFETY 1. Certificate of Public Convenience and Necessity (CON) Renewal of Coastal Care Advanced Life Support Transport Service for a Class B & F CON - Consider staff recommendation to approve the renewal application of Coastal Care Advanced Life Support Transport Service for a Class B & F CON, 2. Certificate of Public Convenience and Necessity (CON) Renewal Application for We Care of the Treasure Coast for a Class B & F CON - Consider staff recommendation to approve the renewal application of We Care of the Treasure Coast for a Class B & F CON. 3. Certificate of Public Convenience and Necessity (CON) Renewal Application for American Jets, Inc. - Consider staff recommendation to approve the renewal application of American Jets, Inc., Class E CON. 4. Certificate of Public Convenience and Necessity (CON) Renewal Application for A Quality Care Transport - Consider staff recommendation to approve the renewal application of A Quality Care Transport for a Class F CON. 5. Certificate of Public Convenience and Necessity (CON) Renewal Application for American Medical Response for Class B, C, & F - Consider staff recommendation to approve the renewal application of American Medical Response for a Class B, C, & F CON. F. AIRPORT 1. Resolution 08-098 accepting the Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $536,000.00 to complete the deSign and installation of the security access control system at the St. Lucie County International Airport - Consider staff recommendation to approve Resolution 08-098 accepting the Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $536,000.00 for 80% of the $671,000 cost along with the additional $10,870 for 20% of the local match cost to complete the Phase 2 design and installation of the security access control system at the St. Lucie County International Airport and authorize the Chairman to execute the same. .. 2. Resolution 08-097 accepting the Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $32,475 to complete the upgrade to the Electrical Vault at the St. Lucie County International Airport - Consider staff recommendation to approve Resolution 08-097 accepting the Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $32,475 for 80% of the $40,594 cost, along with the $8,119 accompanying local match cost, to complete the upgrades to the Electrical Vault at the St. Lucie County International Airport and authorize Chair or designee to execute same, 3. Resolution 08-099 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) #424426-1-94-01 in the amount of $9,416 for 80% of the cost with a local share of $2,354 for a total project cost of $11,770 for the installation of lightning protection at the St. Lucie County International Airport - Consider staff recommendation approve Resolution 08-099 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) #424426-1-94-01 in the amount of $9,416 for 80% of the cost with a local share of $2,354 for a total project cost of $11,770 for the installation of Lightning Protection at the st. Lucie County International Airport, and authorize Chair or designee to execute same. G. HUMAN RESOURCES PULLED PRIOR TO MEETING strategic Planning 2008 - Resolution No. 08-119 Section 2.02.02 Exempt Employees - Consider staff recommendation to adopt Resolution No. 08-119 and revising the policy to allow earning of comp time on an hour for hour basis. H. PURCHASING 1. Advertise a Request for Proposals (RFP) for a concessionaire to partially manage, and to provide and maintain a concession area at the new Skateboard Park - Consider staff recommendation to advertise a Request for Proposals (RFP) for a concessionaire to partially manage, and to provide and maintain a concession area at the new Skateboard Park. 2. Advertise an Invitation to Bid (ITB) for the Rental of Construction and Industrial Equipment - Consider staff recommendation to advertise an Invitation to Bid (ITB) for the Rental of Construction and Industrial Equipment. 3. Award of Invitation to Bid (ITB) 08-029 construction of Platt's Creek Stormwater Treatment Alum Facilities - Consider staff recommendation to award Invitation to Bid (ITB) 08-029 to the lowest responsive, responsible bidder, Close Construction, Inc., in the amount of $230,197.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. 4. Fixed Asset Inventory - Property Record Removal - Consider staff recommendation to remove the attached records from the fixed asset inventory of the Board of County Commissioners. I. GROWTH MANAGEMENT Equipment Request EQ#08-311 for the purchase of Laserfiche Integrator Toolkit software in the amount of $2,917.00 - Consider staff recommendation to approve Equipment Request EQ#08-311. J. CENTRAL SERVICES 1. EZ Lock Shutters, Inc. - Change Order No. I to C08-01-058 - Lincoln Park Community Center- Consider staff recommendation to approve Change Order No.1 to C08-01-058, EZ Lock Shutters, to increase the contract sum for the Lincoln Park Community Center $525; total sum for this location will be $2500.00, and the total contract sum (Airport Customs Building and Oxbow Eco- Center) will be $100,600.00 and authorize the Chairman to sign the Change Order as prepared by the County Attorney. , 2. Old Courthouse/ Courthouse Annex Renovation Projects - Consider staff recommendation to approve the consolidation of available funds in the amount of $2,364,415.00, making available a total of $8,400,516.00 for the Old Courthouse/Courthouse Annex Renovation Projects leaving an estimated balance after renovation of $954,005.00 on hand for contingency, phones/data, security and court furniture, K. PARKS REFERENDUM Emerson Avenue Sidewalk Project/Creech Engineering, Inc'; Amendment to Work Authorization #5 (Contract No. C06-04-237) - Consider staff recommendation to approve Amendment to Work Authorization #5 with Creech Engineers, Inc., in the amount of $2,000.00 to provide Florida Department of Transportation Coordination Services for the Emerson Avenue Sidewalk Project, L. COMMUNITY SERVICES Approval to complete pre-application for a U.S. Department of Agriculture (USDA), Rural Housing Service (RHS) grant that awards up to $100,000.00 to be used to rehabilitate housing for very low and low- income residents - Consider staff recommendation to approve the completion of the pre-application for the USDA Rural Housing Service grant, and for the Chairman to sign the pre-applications as prepared by the Housing staff. END OF CONSENT AGENDA REGULAR AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT Amending Resolution No. 06-052, adopted on April 18, 2006, which granted a Change in Zoning from the AG-1 (Agriculture -1 du/acre) Zoning District to the PUD (Planned Unit Development - Plantation Acres) Zoning District and Preliminary Planned Unit Development site plan approval for the project to be known as Plantation Acres - Planned Unit Development, by amending Section C to correct scrivener's error in expiration date of approval; providing an effective date - Consider staff recommendation to approve Draft Resolution No. 08-089 amending Resolution No. 06-052. B. COMMUNITY SERVICES Modification Number 1 to revise program budget, scope of work and national objective for the St. Lucie County CDBG DRI Grant # 07DB-3V-1O-66-01-Z04 in order to address blight in St. Lucie County - Consider staff recommendation to approve Modification Number 1 to revise program budget, scope of work and national objective for the St. Lucie County CDBG DRI Grant # 07DB-3V-10-66-01-Z04 and authorize the Chairman to sign. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. ANNOUNCEMENTS 1. The Ribbon Cutting for the New Clerk of Court Building located at 201 South Indian River Drive, Fort Pierce will be on Wednesday, April 9, 2008 at 4:00 p.m. 2. The Ribbon Cutting reopening the Basketball Courts at I10us Ellis Park located at 1211 Avenue M, Ft. Pierce will be on Friday, April 11, 2008 at 2:00 p.m. .. 3. This year's Agricultural Tour, presented by the St. Lucie County Extension Advisory Council will be April 11, 2008, beginning at 7:30 a.m. at the USDA Horticultural Research Lab located at 2001 S. Rock Road in Fort Pierce. This year's theme is "Green and Blue," and focuses on sustaining St. Lucie County's natural resources with regard to the Agricultural industry. After the tour, participants will be invited to enjoy a complimentary lunch and tour of the USDA facility during the USDA's Open House event. For more information or to reserve your seat by March 28th, contact the Extension office at 462-1660. 4. The Oxbow Eco-Center will hold its "Living Green" Earth Day Festival on April 19th from 10:00 am until 3:00 pm at 5400 N.E. St. James Drive, Port St. Lucie. 5. The Board of County Commissioners will hold a Joint Meeting with the TCERDA on Friday, April 25, 2008, at 1:30 p.m. in Room #219 at the University of Florida Building located at 2199 S. Rock Road, Fort Pierce, FL 34945. 6. The Master Gardener Spring into Gardening Festival will be held on Saturday April 26 from 8-2 p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their products too. We will have a fashion show at 11:30 a.m. and the Taste of the Tropics at 12:30 p.m. where you can sample fruits you may have never tried before! The sale will be held at the Extension office, 8400 Picas Road, Fort Pierce. Call 772-462-1660 for additional information. 7. The Board of County Commissioners will hold a Joint Meeting with the City of Fort Pierce on budget issues on Tuesday, May 13, 2008 at 2:00 p.m. in the County Commission Chambers. 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 meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.f1.us lIII_lä¡tl~ii¡MlliD___~M___m_.M.~.I¡._ilIÎ Charles Grande, Chairman District No.4 Doug Coward, Vice Chairman District No.2 Joseph Smith District No. 1 Paula Lewis District No.3 Chris Craft District No. 5 ___._."IIIl__.III~"m____. I. MINUTES Approve the minutes from the March 25, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 26 and 27 B. PURCHASING Second Amendment to Contract C05-04-288 with Creel Pump, Inc. - Consider staff recommendation to approve the Second Amendment to Contract C05-04-288 with Creel Pump, Inc., extending the contract through April 11, 2009, and authorize the Chairman to sign the amendment as prepared by the County Attorney. 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 meeting should contact the St. Lucie County Community Services Director at (772) 452-1777 or TDD (772) 452-1428 at least forty-eight (48) hours prior to the meeting. , EROSION CONTROL DISTRICT www.co.st-Iucie.fl.us llÏ.lIlIÏÏlIilifíV_ilI____.~_'MliÎiiÎl¡íi¡IMllí¡¡¡I¡lIlIÏMfiIÎIII*Îlìí Chris Craft, Chairman District No.5 Charles Grande, Vice Chairman District No.4 Doug Coward District No. 2 Joseph Smith District No. 1 Paula Lewis District No.3 .IlÎlllIil....-'¡i~MIÎlI~mïf~~~I.._i1.._.. I. MINUTES Approve the minutes from the March 25, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 26 and 27 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 meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. · . BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 1 , 2008 Convened: 6:00 p,m. Adjourned: 7:00 p.m. Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, LeeAnn Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Lauri Case, Utilities Director, Mark Satterlee, Growth Management Director, Mike Pawley, County Engineer, Milllie Delgado-Feliciano, Deputy Clerk 1. INVOCA nON 2. PLEDGE OF ALLEGIANCE 3. MINUTES It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held March 25, 2008, and; upon roll call, motion carried unanimously. 4. PROCLAMA TIONS/PRESENT A TIONS Resolution No. 08-117- Proclaiming the month of April, 2008 as "Water Conservation Month" in St. Lucie County. It was moved by Com. Craft, seconded by Com. Grande, to approve Resolution No. 08- 117, and; upon roll call, motion carried unanimously. 5. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident addressed the Board regarding the loss of nutrients in our food, chromium tablets and weight loss. Ms. Susie Caron, Imirio Road resident, addressed the Board and requested she be permitted to speak during the Waterstone item even though it was not a public hearing. The Board granted her request. 6. CONSENT AGENDA Com. Coward requested item CG-l be removed for separate vote and advised the Board he still holds his position in being opposed to this project. Com. Grande stated he too was opposed to the project. It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda, with item CG-l removed for separate vote, and; upon roll call, motion carried unanimously. A. WARRANTS 1 , . The Board approved Warrant List No. 26. B. COUNTY ATTORNEY 1. Request Permission to advertise- Notice of Public Hearing- The Board approved advertising a Public Hearing to be held on May 6, 2008 at 6:00 p.m. or as soon thereafter as possible to abandon 5 feet of a 60 foot Drainage easement Holiday Pines Lot 520. 2. Donation of Right of Way- Chern Tex Corp/Allied New Technologies- The Board accepted the Right of Way Deed, and authorized the Chairman to sign Resolution No. 08-114 and directed staff to record the documents in the Public Records ofSt. Lucie County, Florida. C. ECONOMIC DEVELOPMENT Letter of Intent- The Board approved the Letter of Intent and the Job Growth Investment Grant between St. Lucie County and Oxford Management and authorized the Chairman to sign the Agreement. D. ENVIRONMENTAL RESOURCES 1. Budget Resolution No. 08-079- The Board approved Budget Resolution No. 08-079 to set up a grant account for the St. Lucie River Exhibit at the Oxbow Eco-Center. The resolution includes a $60,000 grant funding from the St. Lucie county River Issues Team and a $60,000 general revenue matching funds previously approved by the Board. 2. Strategic Planning 2008- The Board authorized cancelling Contract No. 03- 02-235 Purchase order No. P2711186 with Hazen and Sawyer Engineers for design of the lecture hall at the Oxbow Eco Center. E. PURCHASING 1. Second Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract 06-05-284 with the Hanley Martin Corp and Contract C06-05-274 with Sunshine Land Design for concrete, culvert and asphalt installation- The Board approved the Second Amendment to Contract C06- 05-278 with South Florida Concrete Service and C06-05-284 with Hanley Martin Corp and Contract C06-05-274 with Sunshine Land Design extending the contracts through May 31, 2009 and authorized the Chairman signing the amendments as prepared by the County Attorney. 2. Fourth Amendment to Contract C05-03-l30 with Stewart Mining Industries, Inc., for the purchase of shell rock material and FDOT base coquina rock- The Board approved the fourth amendment to contract C05-03-130 with Stewart Mining Industries, Inc., extending the term through June 30, 2008 and authorized the Chairman signing the amendments as prepared by the County Attorney. 3. Revoke award of Bid No. 07-102 to Daivd's Auto Detailing and First Amendment to Contract C07-11-704 with Rocket Car Wash Inc.- The Baord approved revoking the award of Bid No. 07-102 to David's Detailing, approved the First Amendment to Contract C07-11-704 with Rocket Car Wash, Inc., and authorized the Chairman to sign the amendment as prepared by the County Attorney. 4. The Board approved advertising an Invitation to Bid for the purchase of shell rock material and FDOT base coquina rock on as "as needed basis" for various road maintenance and construction project. 2 03/28/08 FZABWARR . . .\lD 001 001167 001176 001183 001184 001193 001195 001407 001412 001419 001420 001421 001424 001428 001429 001814 101 101001 101002 101003 101004 101006 102 ì ;001 :Lv3 105 107 107001 107002 107003 107006 107204 107205 109 111 112 113 114 115 116 117 118 119 120 121 122 123 126 ST. LUCIE COU - BOARD WARRANT LIST #26- 22-MAR-2008 TO 28-MAR-2008 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 05 FTA Section 5303 F/Y06 Section 112/MPO/FHWA/Planning 2007 CDBG 07 FDCA SLC Buildings Wind Retrofit pr Community Services Block Grant Urban Community Forestry 05 CTD Medicaid Non-Emrg Grant FY 07 FDCA-Construct County EOC TDC Planning Grant 07 Fl Commission for Transportation Di Dept of Financial Services My Safe FDCA Emrg. Mgmt Preparedness & Assi Residential Construction Mitig. Pro Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev Drug Abuse Fund River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sun land Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Disti13 Fund Southern Oak Estates Lighting EXPENSES 2,003,351.38 57.63 25,000.00 758.95 330.72 55,201.50 862.29 27,160.00 44,376.00 3,264.09 132.06 4,035.60 2,522.27 445.23 21. 52 274.20 10,147.75 192.34 36,877.71 33,612.29 7,580.99 111,267.56 43,610.34 44,896.72 8,479.24 987.47 314,784.36 1,363.19 411.57 119.78 16,795.74 606.50 136.32 35.00 2,959.46 629. 89 249.64 540.15 22.09 607.58 153.74 35.80 943.20 191. 01 7.24 1,083.48 382.36 8.95 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 03/28/08 FZABWÁRK FUND 127 128 129 130 130204 136 138 139 140 140001 140341 140342 150 160 183 183001 183004 183006 184205 184210 185006 185007 189201 218 242 282 310002 316 316001 397 398 401 418 451 458 461 471 478 479 491 505 505001 611 625 630 801 ST. LUCIE COÚNLl - BOARD WARRANT LIST #26- 22-MAR-2008 TO 28-MAR-2008 FUND SUMMARY TITLE Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU FOOT - Intermodal Facility Grant Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund Construction of Airport Rescue & Fi Construction of Access Road forARFF Impact Fee Collections Plan Maintenance RAn Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P . FDEP - SLC South Dune Restoration FHFA SHIP FY05/06 FHFA SHIP FY06/07 FHFC Hurricane Housing Recovery P1a Transportation-I&S Port I&S Fund Environmental Land I&S Fund Impact Fees-Parks County Capital 5th Cent Fuel-Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewa1 & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capita1 Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund Bank Fund GRAND TOTAL: EXPENSES 377.81 505.81 28,660.34 6,536.24 108.00 1,553.27 275.40 794.30 32,818.64 1,809.00 95,921.52 20,505.39 249.16 2,097.56 1,705.01 440.00 1,163.00 15,300.24 17,268.00 8,180.00 213.39 213.39 3,220.68 1,848.16 1,054.95 5,637.88 6,802.25 4,143.73 13,199.90 550.00 325.00 31,648.37 7,796.61 15,219.46 97.43 86,415.94 40,636.24 267.10 7,108.89 12,287.36 273,108.64 460.98 3,415.77 13,827.26 32,598.30 79,106.29 3,684,985.56 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,871.82 0.00 0.00 0.00 0.00 0.00 4,871.82 F. AIRPORT The Board approved Change Order No.1 for Custom Built Marine Construction, Inc., reducing the original contract cost amount from $153,891.83 to $124,490.83 and adding no additional days to the original contract time which is due for completion on April 17, 2008 for the Phase III Secuirty Fencing construction project at the S1. Lucie County International Airport and authorized the Chairman or designeee to execute same. G. PUBLIC WORKS 1. Engineering Division - Waterstone- This item was pulled for separate vote. 2. Engineering Division- Third Amendment to Work Authorization No.3 with Hazen and Sawyer Engineering for Surveying Services for Platt's Creek Stormwater Facility- The Board approved the Third Amendment to Work Authorization No.3 in the amount of $1,900.00. 3. Engineering Division - Third Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers for Indian River Estates Phase 1 design.- The Board approved the Third Amendment to Work Authorization No. 25 for the Indian River Estates Phase 1 design update in the amount of $27,700.00 and authorized the Chairman to sign. 4. Engineering Division- Change Order No.9 to the contract with Dickerson Florida, Inc., in the amount of$182,175.25 for SR615/S. 25th Roadway Widening - The Board approved Change Ordrer No.9. 5. Engineering Division- Emergency JPA ANX-51 (Hurricane Frances) with FDOT for repair to the first mile of Indian River Drive. Release of unneeded funds to FDOT- The Board approved the release of $607,339 which is unneeded on Emergency lPA ANX-51 with FDOT and signature by the Chairman. H. INVESTMENT FOR THE FUTURE Public Works Engineering Division- Approve Change Order No.3 in the a mount of ($18,815.03) for the Prima Vista Boulevard Reconstruction Rio Mar Drive to US 1 to make adjustments to the plan quantities also the final contract completion date is being extended from December 16, 2007 to May 31, 2008 to be able to pay the final invoice- The Board approved Change Order No.3. I. GROWTH MANAGEMENT The request of Acorn Development to record a Final Record Plat for the project known as Queens Island Preserve- The Board approved the final plat of Queens Island Preserve and authorized staff to proceed with its final execution, with the following conditions: 1) final plat shall not be recorded in the Public Records of S1. Lucie County until the required subdivision Improvement Agreement and surety have been provided to the County for BOCC acceptance and approval and 2) final plat shall be recorded in the public records of S1. Lucie County until the County Surveyor or his designee have completed the field verification of the required survey markers. Required survey markers shall include all lot comers. The developer will be allowed the option of bonding the cost of setting the lot comers within the proposed subdivision. 1. ADMINISTRA nON 1. Tourist Development Council- The Board ratified Com. Smith's appointment of Chris Taylor on the Tourist Development Council. 2. Housing Finance Authority- The Board ratified Com. Smith's appointment of Toby Philpart on the Housing Finance Authority. 3 G-1 Engineering Division- Waterstone- Agreement with Port Richey Village Investment Traffic Signal Contribution- Consider staff recommendation to approve the proposed Agreement for Traffic Signal Contribution with the Port Richey Village Investment and authorize the Chairman to sign. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay's: Coward, Grande; Aye's: Smith, Craft, Lewis, motion carried by a vote of3 to 2. REGULAR AGENDA 7. PUBLIC HEARINGS A. PUBLIC WORKS Code Compliance Division- Request of the Board of County Commissioners to give permission to demolish a fire damaged structure at 3305 Avenue L in Ft. Pierce, which has been found by the Building official to be more than 50% damages and is unsafe and constitutes a nuisance- Consider staff recommendation to determine the structure is unsafe and determine ifthe structure is not properly taken down and properly cleaned by May 1, 2008, the Board give the Code Enforcement Department permission to proceed to contact L.E.B Demolition Company, as they were the lowest bidder at $12,100.00 to demolish the structure and clean the property of all junk, trash and debris and assess the entire cost of such demolition against the real property which shall constitute a lien payable to St. Lucie County. It was moved by Com. Grande, seconded by Com. Coward to approve staff recommendation, and; upon roll call, motion carried unanimously_ B. COUNTY ATTORNEY Ordinance No. 08-008- Amending Section 7.10.23 of the Land Development Code- Revise Guidelines for the Siting of Wireless Telecommunications Towers and Antennas- Staff addressed the Board and requested a continuance on this issue due to comments receives from the water district and Verizon. They would like to have the opportunity to review these comments. Staff recommended continuing this item for May 20,2008 at 6:00 p.m. or as soon thereafter as it may be heard. It was moved by Com. Craft, seconded by Com. Grande, to continue this item to May 20, 2008 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 8. GROWTH MANAGEMENT (NOT A PUBLIC HEARING) Request of Port Richey Village Investments, LLC for Phase Two Plat approval for the project known as Waterstone- PUD- Consider staff recommendation to approve the Phase Two Plat for the subdivision known as Waterstone-PUD and authorize its execution. Ms. Susie Cron, Indrio Road reesident, addressed the Board and recommended when developments are being done in phases, they be true phases. She recommended requiring applicants to presenst true phases of projects so that residents in the area know exactly what is happening with the project. She also addressed the agreement with the developer regarding the "berm". It was moved by Com. Craft, secondd by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Coward, Aye's; Craft, Grande, Lewis, Smith, motion carried by a vote of 4 to 1. 4 RA-l COUNTY ATIORNEY Staff is requesting Board approval of additional funding for the continued operation of the Juvenile Assessment Center- Consider staff recommendation to approve the transfer in the amount of $52,500.00 as set out to keep this worthwhile and cost effective program in operation and approval of Budget Amendment 08-019 authorizing the transfer of funds. It was moved by Com. Craft, seconded by Com. Grande to approve staff recommendation and directing staffto send a letter to the delegation expressing concerns with the timing of the decision making process at the state level and also include an invitation to attend a Public Safety Council meeting, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 5 AGENDA REQUEST ITEM NO. 4A DA TE April 8, 2008 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 08-115 - Proclaiming April 8, 2008, as "General Aviation Day" in St. Lucie County, Florida. BACKGROlThTD: Diana Lewis, Airport Director, has requested that this Board proclaim April 8, 2008, as "General Aviation Day" in 51. Lucie County, Florida. The attached Resolution No. 08-115 has been drafted for that purpose. PREVIOUS ACTION: RECOMMEND A nON: Staff recommends that the Board adopt the attached Resolution No. 08-115 as drafted. COMMISSION ACTION: [~APPROVED [] DENŒD [ ] OTHER: Approved 5-0 ,-' , ' '-'/ Review and Approvals County .Þ-.t torney.: ,. ; ,';'" ,~' Management & Budget Pu::::-c~asing Originating Dept. - " ~.. ,':--- O~her, Other: Finance, (Check for Copy only, if appllcab:e)_ Eff, 5/96 .' RESOLUTION NO. 08-115 A RESOLUTION PROCLAIMING APRIL 8, 20.08, AS "GENERAL AVIATION DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The aviation industry is one of the cornerstones of Florida's economy, with 728 public and private use airports within the State. 2. Florida's airports provide nearly $96 billion annually in economic activity, and the state's aviation industry supports more than one million jobs that generate $26 billion in anEual payroll. 3. More than 85 percent of all aircraft operations in Florida are flown by general aviation aircraft i and each year, Florida's general aviation aircraft bring 9 million business and leisure visitors to the state. 4. The State's general aviation airports house more than 14,000 aircraft, comprising 6 percent of the nation's general aviation fleet. 5. Florida's general aviation airports rank second in the nation for the number of takeoffs and landingSi and without general aviation airports, Florida's commercial service airports would be overwhelmed with air traffic, making air travel to and around the state nearly impossible. 6. The State Legislature is recognizing the importance of general aviation to the State by designating April 8, 2008, through ~ ' April 13, 2008, as Gene~al Aviation Week. 7. St. Lucie County OvlTIS and operates a general aviation airport, which according to a 2004 Economic Impact Study completed by the Florida Department of Transportation contributes $39 Million each year to the area's economy and provides over ~28 jobs. 8. St. Lucie County International Airport supports a variety of aviation and non-aviation businesses that contribute to the County's economy through employment and buying goods and services locally. 9. St. Lucie County International Airport bri:1gs visitors to the area, including international visitors, who spend money =or lodging, food, entertainment, transportation, shopping, and other items. 10. The Airport supports emergency services for the County including medical flights, search and rescue, and access for critical supplies during weather events. 11. The economic impact of the County's general aviation airport on the local economy will continue to increase as more aviation and non-aviation businesses locate at St. Lucie County International Airport. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that this Board recognizes the important contributions to St. Lucie County made by the businesses, visitors, and users of the St. Lucie County International Airport and does hereby proclaim April 8, 2008, as "GENERAL AVIATION DAY" in St. Lucie County, Florida. ó· . PASSED AND DULY ADOPTED tl:1is 8th day of F_pril, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY r ) Agenda Request Item Number Meeting Date: '-16 4/082008 Consent Regular Public Hearing Leg. [ ) [ ) [ ] [ ) Quasi-JD ( To: Submitted By: Board of County Commissioners Presented By Growth Management Department ~&/ hJ" ~ ,.-- Gro ; ~~rector Agricultural Development Steering Committee Preliminary Report On October 23, 2007, the Board of County Commissioners adopted Resolution No. 07-316 (Attached) creating an Agricultural Development Steering Committee to make recommendations to the Board of County Commissioners on matters relating to agricultural development. To date, the committee has met eight times. The committee has prepared the attached memorandum to fulfill their requirement of a preliminary report due on or before April 1, 2008 and the memorandum reflects a summary of the recommendations over which general consensus has been achieved. The committee will continue to meet until July 1, 2008, the sunset date as outlined in Resolution No. 07-316, unless otherwise directed by the Board. N/A N/A No action is required at this time. The committee chair anticipates providing a brief overview of their work to date and will be happy to answer questions from the Board. SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: D APPROVED D DENIED ~ OTHER CONCURRENCE: ~M_e~~ County Administrator County Attorney Ctv. Enaineer: N/A N/A Coordinationl Signatures E.R.D.: N/A Other: N/A Cty. Surveyor: Other: N/A Form No. 07-07 '\ " GROWTH MANAGEMENT Director MEMORANDUM TO: S1. Lucie County Board of County Commissioners FROM: Dennis Corrick, Steering Committee Chair Mark Satterlee, AICP, Growth Management Director DATE: March 28, 2008 SUBJECT: Agricultural Development Steering Committee Update Per the requirements of the SOCC adopted resolution 07-316, attached hereto and made a part hereof as. Exhibit "A", establishing the committee, please accept this memorandum as the April 1, 2008 update on the Committee's progress and activity. The Committee's initial report to the Board shall be due on or before April 1, 2008, and shall include recommendations regarding how open space should be calculated. To date, the committee has met /(;ht times and this memorandum is a summary of the recommendations over which general consensus has been achieved. Initial Committee Recommendations: 1) For PUD's in the AG 2.5 and AG 5 Zoning Districts, include yards (all space not occupied by buildings) as open space and count them towards open space requirements for development in the rural areas. a) The committee believes that it is needlessly complicated and detrimental to property values and agriculture, to have space that is essentially "open" not counted towards a requirement, and also feels that private open space is an important part of the value of rural land. b) This recommendation received a unanimous vote of committee. 2) We recommend that landowners with agricultural properties above 8 units or 160 acres should have the same "baseline", by-right use as those below these thresholds, and not be required to enter the PUD process. Currently, there are clear, Last updated: 3/28/20082:05 PM " , Ag Development Steering Committee Preliminary Report March 28, 2008 Page 2 by-right, non-PUD development standards within the Land Development Code for properties below 8 units or 160 acres. a) The agricultural representatives on the committee made it clear that creating stable and clearly defined development rights outside of County "process" and staff review is extremely important for those who choose to stay in agriculture but may use their land value as collateral for supporting on-going agricultural activities. b) Rely on the building maximums in Table 7-10 in the Land Development Code for the AG-2.5 and AG-5 zoning districts to insure sufficiency of open space. In a conflict with other portions of the Land Development Code, this provision shall prevail. c) The committee also feels strongly that this would help avoid claims of reduction in property rights and value. d) In addition to a "by-right" development scenario, create a "menu" of development/preservation alternatives to the "by-right" scenario to incentivize property owners seeking development to enter the PUD process and propose projects that achieve broad, well-defined County goals - such as: preserving open space for agriculture, rangeland, upland habitat, wetlands or other clearly identified objectives for the western lands, including directing development towards certain areas consistent with infrastructure planning. 3) The Committee believes that a workable and well-planned Transfer of Development Rights (TOR) program, that does not diminish property values, can be part of the incentives that discourage sprawl and preserve open space and agriculture in addition to helping focus development where the County and the broader community want it. Additional Concepts and Issues under Discussion by the Committee 1) Reductions in the development value of land actually push landowners out of agriculture. They need fair and certain values to use their land as collateral for agricultural activities. 2) Wetlands should be valuable enough that keeping them in place and functioning is financially attractive. Removing their value for development has the opposite effect. The committee also discussed that most wetlands currently set aside and "preserved" are not maintained adequately to protect their wetland function. " , Ag Development Steering Committee Preliminary Report March 28, 2008 Page 3 3) Not all the rural lands are created equal and the County may want to look at creating different goals for different areas, and encouraging development rights to be transferred to targeted areas. a) High value wetlands, uplands and other environmentally sensitive lands tend to be located primarily in the west and southwestern portion of the County b) Grovelands and post-canker citrus - primarily in the central and northern parts of the County c) Certain areas are served by transportation and planned transportation and some are not; the cost of "shared" infrastructure improvements in areas with inadequate roads, etc., may be an incentive to transfer development rights to a targeted area where infrastructure is in place or planned. .. RESOLUTION NO. 07-316 A RESOLUTION AVTHOIUZING THE CREATION OF THE AGRICULTURAL DEVELOPMENT STEERINti COMMITTEE ANb PROVIbING FOR bunes AND fUNCTIONS OF THE COMMITTEE WHEREAS, tne Board of County Commissioners of St. Lucie County. Florida, has made the following determination: 1. This Board should create an Agricultural Development Steering Committee and provide for duties and functions of the Committee. NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby create the Agricultural Development Steering Committee. Such committee shall have the following duties and functions: a. To advise and make recommendations to the Board of County Commissioners on matters relating to agricultural development within the Agricultural-5 and Agricultural 2.5 zoning districts including the amount of required open space, protection of environmental resources, and encourage continued use of agricultural lands. The Committee shall seek input from the State l.and Planning Agency. The Committee shall also consider innovative land planning techniques including, but not limited to transfer of development rights. while protecting private property rights and the flseal impact of any proposed recommendations.. b. The Committee's initial report to the Board shall be due on or before April 1, 2008, and shall inetude recommendations regarding how open space s~ould be calculated. The Committee's final report shall be due on or before July 1, 2008, at which time the committee will sunset. c. To provide any other duties or functions as requested by the Board of County Commissioners on agricultural development issues, 2. The action, decisions and recommendl1tions of the committee shall not be final or binding on the Board of County Commissioners but shall be advisory only. 3. The Agricultural Development Steering Committee shall consist of fifteen (15) members who shall be appointed as follows: -~._~. o. Each Board member shall appoint one (1) member to serve on the Committee and such members' terms shall run concurrent with the term of the appointing Commissioner. b. The following groups shall appoint one (1) member to serve on the Agricultural Development Steering Committee. l. Farm Credit of South Florida 2. Indian River Citrus l.eague 3. Cattlemens' Association 4. St. L.ucie County Conservation Alliance c. The remaining six (6) members shall be appointed "at large" by the Board. It Is the Board's intention that at least one (1) of the six (6) at large members should be the owner (not representative) of Agricultural property of less than one hundred sixty (160)acres and that at least one (1) at large member should be the owner (not representative) of agricultural property greater tkan one hundred sixty (160) acres. 4. Vacancies for all members shall be filled upon: a, Death of a member b. Resignation c. Removal by majority vote of the remaining members of the Committee d. Three (3) unexcused absences in a six (6) month period 5. Vacancies shall be filled by the person who nominated the member wno created the vacancy. 6. The Committee Chairman shall establish a time and place for holding meetings as shall be necessary, and the CommIttee shall adopt such rules of organization and procedure as may be required. Eight (B) committee members shall constitute (1 quorum for the transaction of official busIness at Committee meetings. 7. The Committee may establish sub-committees for specific subjects or tasks from among its members. The Committee shall hold its first meeting as soon as possible from the date this resolution is adopted, 8. The Agricultural Cooperative Extension and Growth Management Departments shall provide administrative support for the Committee and shall keep a record of its proceedings. / 9. If any aetlon, sentence, or clause of tnis resolution is held to be invalid or unconstitutional by any tOUr't of competent Jurisdiction, then SQid holding shall in no way effect the validity of the remaining portions of this resolution. After motion and second the vote on this resolution was as follows: Chairman Chris Craft AYE Vice-Chairman Joseph E. Smith AYE Commissioner Doug Coward AYE Commissioner Paula A. Lewis AYE Commissioner Charles Grande AYE PASSED AND DULY ADOPTED this 23rd day of October t 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LU e COUNTY, FLORIDA BY. APPROVED AS TO LE&AL FORM AND CaRRE 55: 04/04/08 FZABWARR FUND 001 001124 001164 001167 001181 001183 001190 001195 001404 001420 001424 001426 001428 001429 001814 101 101001 101002 101003 101004 101006 101213 102 102001 105 107 107001 107002 107003 107006 107204 107205 126 129 129201 130 130200 140 150 160 170 183 183001 183003 183004 183006 184205 184209 ST. LUCIE COUNTY - BOARD WARRANT LIST *27- 29-MAR-2008 TO 04-APR-2008 FUND SUMMARY TITLE General Fund FTA USC Section 5307 FY 99/00 USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 FTA Section 5307 Operating & Capita Section 112/MPO/FHWA/Planning 2007 FTA Sec 5307 - Buses 05/06 Community Services Block Grant 05 CDBG Sup Disaster Recovery TDC Planning Grant 07 Dept of Financial Services My Safe Fla Local Update of Census Addresse FDCA Emrg. Mgmt Preparedness & Assi Residential Construction Mitig. Pro Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT 25th St. Widening Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev Southern Oak Estates Lighting Parks MSTU Fund FRDAP Lawnwood Rec Area Ph II SLC Public Transit MSTU FOOT-Service Development Grant Port & Airport Fund Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FDEP - Fort Pierce Shore Protection EXPENSES 2,777,125.66 5,869.00 12.97 6,024.26 50,020.00 407.71 72,671.97 106.65 12,000.00 47.26 1,286.74 26.96 1,255.36 39.32 311.82 3,974.27 7,072.13 63,733.70 4,699.20 5,984.01 316,093.05 660,000.00 13,315.59 34,.419.42 504.42 3,521,268.61 82.41 2,623.22 55.19 11,582.90 406.56 105.88 125.05 60,657.08 153,508.50 30,351.80 90,741.29 4,228.91 98.11 4,249.71 5,260.00 3,545.48 980.21 142.40 679.07 671.38 8,327.08 15, 2'33.26 PAGE 1 PAYROLL 643,777.58 0.00 177.80 366.93 0.00 3,764.29 177.80 1,438.95 0.00 640.00 456.40 371.51 0.00 546.40 4,057.62 44,521.14 976.30 43,981.94 35,642.00 19,669.75 0.00 0.00 95,281.70 6,089.59 0.00 117,003.34 1,081.20 35,278.27 0.00 8,488.00 1,507.10 1,384.00 0.00 0.00 0.00 2,112.80 0.00 16,230.00 1,264.80 3,390.09 0.00 1,340.13 0.00 0.00 5,903.42 0.00 0.00 0.00 04/04/08 FZABWARR FUND 184210 184212 185007 189201 204 215 216 217 282 310002 316 316001 318 401 418 451 458 461 471 478 479 491 505 505001 611 625 665 666 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #27- 29-MAR-2008 TO 04-APR-2008 FUND SUMMARY TITLE FDEP - SLC South Dune Restoration Fort Pierce IMP Implementation FHFA SHIP FY06/07 FHFC Hurricane Housing Recovery P1a Communication System I&S Fund Sales Tax Revenue Bonds I&S Fund County Capital I&S State Revenue Sharing Bonds I&S Fnd Environmental Land I&S Fund Impact Fees-Parks County Capital 5th Cent Fuel-Capital County Capital-Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Uti1-Renewa1 & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund SLC Economic Development Trust Fund Bank Fund GRAND TOTAL: EXPENSES 5,537.00 5,852.22 158.30 461.12 853,675.00 1,606,259.39 82,272.24 235,268.76 113,105.00 15,338.44 495,361.57 8,652.00 4,625.00 343,842.79 2,737.20 892.72 35.93 19,256.53 357,247.76 99.37 102.82 5,160.30 741,297.21 174.71 215.86 3,586.75 706.68 50,000.00 257,805.18 13,161,653.42 PAGE 2 PAYROLL 0.00 0.00 2,166.40 3,607.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62,843.66 22,874.28 1,560.50 484.67 23,251.24 8,715.93 1,336.17 1,383.03 45,817.20 3,776.86 2,340.00 1,545.66 0.00 0.00 0.00 0.00 1,278,624.09 ~ . AGENDA REQUEST ITEM NO. 6Bl DATE: April 8, 2008 REGULAR [] PUBLIC HEARING [] CONsENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Resolution No. 08-118 - Changes to Purchasing Manual - Section 14 Payment Procedures BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends approval of Resolution No. 08 -118, amending the Purchasing Manual. [>1 APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: B1 Approved 5-0 as amended. Dou sAnderson County Administrator County Attorney: ~1¡/ Review and Approvals Management & Budget Purchasing: ~ Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5196 ~ . INTER-OFFICE MEMORANDUM ST. LUaE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 08-492 DATE: March 25, 2008 SUBJECT: Resolution No. 08-118 - Changes to Purchasing Manual - Section 14 Payment Procedures 444444AAA444*************************AAAAAAAAA4AAAAAAAAAAAAAAAAAAAAAAA.A.AAAA.4AAAAAA BACKGROUND: Sections 218.73 and 218.735, Florida Statutes, also known as the "Local Government Prompt Payment Act," set out the timelines and procedures for payment of non-construction and construction services, respectively. Staff has found that the procedures as set out in the Purchasing Manual do not follow the requirements of the statute and must be corrected. After conducting meetings with the Finance Department and other departments about the Prompt Payment Act, other payment issues surfaced which can be resolved by revisions to the Purchasing Manual. The attached changes to Section 14 can be summarized as follows: 1. The deadlines for payment of invoices for both construction and non- construction services have been changed to comply with state statute; and, 2. The procedures for resolving conflicts between vendors and the County with regard to invoices have been changed to comply with state statute; and, 3. Retainage procedures which comply with state statutes have been added to the Purchasing Manual; and, 4. The person to communicate with a vendor in the event of an invoice dispute has been changed from "Finance Director" to "County Project Manager"; and, 5. The person who resolves invoice disputes has been changed to reflect what is written in our contract form - from"Office of Management and Budget Director" to "County Administrator." · RECOMMENDATIONS/CONCLUSION: Staff recommends approval of Resolution No. 08-118, amending the Purchasing Manual. Respectfully submitted, Heather Sperrazza Lueke Assistant County Attorney HSLlcaf Attachment · ~ RESOLUTION NO. 08-118 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS BY AMENDING SECTION 14 OF THE PURCHASING MANUAL TO CHANGE THE DEADLINES FOR PAYMENT OF INVOICES FOR BOTH CONSTRUCTION AND NON-CONSTRUCTION SERVICES TO COMPLY WITH STATE STATUTE; CHANGE THE PROCEDURES FOR RESOLVING CONFLICTS BETWEEN VENDORS AND THE COUNTY WITH REGARD TO INVOICES TO COMPLY WITH STATE STATUTE; ADD RETAINAGE PROCEDURES TO COMPLY WITH STATE STATUTES; CHANGE THE PERSON TO COMMUNICATE WITH A VENDOR IN THE EVENT OF AN INVOICE DISPUTE; AND CHANGE THE PERSON WHO RESOLVES INVOICE DISPUTES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County. Florida, has made the following determinations: 1. On October 7, 1985, the Board of County Commissioners for St. Lucie County, (the "Board") adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"); and since that date the Purchasing Manual has been amended from time to time, most recently by Resolution No. 06- 183. 2. Sections 218.73 and 218.735, Florida Statutes, also known as the "Local Government Prompt Payment Act ," set out the timelines and procedures for payment of non- construction and construction services, respectively. The deadlines for payment of invoices for both construction and non-construction services have been changed to comply with state statute. 3. The procedures for resolving conflicts between vendors and the County with regard to invoices have been changed to comply with state statute. 4. Retainage procedures have been added to comply with state statutes. 5. The person to communicate with a vendor in the event of an invoice dispute has been changed from "Finance Director" to "County Project Manager"; and, 6. The person who resolves invoice disputes has been changed to reflect what is written in our contract form - from "Office of Management and Budget Director" to "County .. 6. The person who resolves invoice disputes has been changed to reflect what is written in our contract form - from "Office of Management and Budget Director" to "County Administrator ." NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations and Procedures is hereby amended as shown in the attached Exhibits" A". 2. This resolution shall become effective upon adoption. After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Doug Coward Commissioner Doug Coward Commissioner Chris Craft xxx xxx xxx xxx xxx PASSED AND DULY ADOPTED this _ day of ,2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY · EXHIBIT "A" PURCHASING MANUAL EFFECTIVE DATE: April 8 2008 SECTION 14 - PAYMENT PROCEDURES 14.1 PAYMENT AUTHORIZATION To initiate payment for a received order from an outside vendor, the Department will submit the receiving report and the invoice for the order to the Finance Department. a. After receiving the completed receiving report and the invoice for a completed order, the Department's Requisitioner will authorize payment by signing receiving report, and then submit it to the Finance Department. b. If the order was incomplete, and only a partial shipment was accepted, the Department shall; 1. As shipments are received, the Department will authorize payment on one of the copies made of the receiving report and submit to the Finance Department. c. The remaining copies will be held until future shipments come in. d. Upon receipt of last shipment, the original copy should be marked "Final Invoice," authorized for payment, and submitted to the Finance Department. e. See Section 5.3 for payment of items using Check Request Form. 14.2 CONSTRUCTION CONTRACT PAYMENT AUTHORIZATION All payments for Construction Contracts will be initiated by a Department by utilizing a REQUEST FOR PAYMENT FORM. a. A Department will requisition periodic payments for a Construction Contract on a REQUEST FOR PAYMENT FORM. b. To authorize the final payment for Construction Contract, the Department must obtain a Release of All Liens from the Contractor. .. 1. Upon completion of the construction, but prior to final payment, the appropriate Department Director shall be responsible for obtaining a Release of Liens from all Subcontractors and sworn statement from the General Contractor that all persons, firms, and corporations who have furnished services, labor or materials in the construction of the premises have been paid and that there are no outstanding monies owed on the contract by the General Contractor. The Release of Liens will be submitted to the County Attorney for review. 2. The properly executed Release of Liens and a written certification by the Department Director that the project has been completed per plans and specifications will be forwarded to the County Administrator for review and approval. 14.3 PAYMENT FOR CONSTRUCTION SERVICES a. .. Construction Services" is defined as all labor ,services. and materials provided in connection with the construction. alteration. repair. demolition. reconstruction. or any other improvements to real property. b. It shall be County policy that vendors should mail Invoices directly to the Finance Department. Invoices mailed to any other Department shall be considered deficient. All invoices shall be marked as to the date of receipt. ,1 If Vendor Invoices. Credit Memos. Monthlv Statements. are inadvertently mailed to a Department. the Department should promptly forward them to the Finance Department within five (5) days of receipt. Invoices are not considered sufficient until they are received by the Finance Department. 2. The Finance Department will maintain all invoices on file for use in processina payments for orders. 3. Any Invoices. Credit Memos. or Monthly Statements forwarded by the Finance Department to the Department for review and/or verification shall be returned to the Finance Department within five (5) days of receipt. c. Payment shall be made within twenty-five (25) business days of receipt of a sufficient Invoice by the Finance Department. d. If the invoice is deficient. it shall be re iected within twenty (20) business days of receipt. The re iection must be in writina. by the County Pro iect Manaaer or Desianee and must specify the deficiency in the invoice and the action neceSsary to make the invoice proper. · , e. If any portion of the invoice is undisputed, the undisPuted portion shall be paid within twenty-five (25) business days of receipt by the Finance Department. The County Pro iect Manaaer or Desianee shall submit a memorandum to the Finance Department indicatina which portion of the invoice is undisputed and the Finance Department shall timely remit payment for that portion. If necessary for that Contract. the County Pro iect Manaaer or Desianee shall include in the memorandum a corrected calculation of retainaae to be withheld from the partial pavment. t If the invoice is re iected as deficient under subsection (d) and the Contractor submits a corrected invoice which corrects the deficiency in writinG by the County. the corrected invoice must be paid or reiected on the later of: D Ten (10) business days after the date the corrected invoice is stamped as received by the Finance Department; or ~ If the Board of County Commissioners must approve the payment. the first business day after the next reGularlv scheduled meetina of the Board held after the corrected invoice is stamped as received bv the Finance Department. 9: If the second invoice submitted by the Contractor is still deficient or if the disPute between the County and the Contractor still cannot be resolved. the dispute shall be resolved in accordance with the disPute resolution procedure prescribed in the Contract between the County and the Contractor. h. The Finance Department shall timely pay anv sufficient invoices which are submitted subseQuent to the deficient invoice. even if the dispute reQardinG the deficient invoice has not yet been resolved. 14.4 RETAINAGE PROCEDURES FOR CONSTRUCTION SERVICES CONTRACTS a. If a Construction Services Contract is for more than two hundred thousand dollars ($200.000.00), the County may withhold retainaae from each prOGress payment in an amount not exceedina ten percent (10/0) of the payment until Fifty Percent Completion of such services. b. The term "Fifty Percent Completion" shall be defined in each Contract. c. After Fifty Percent Completion of the Construction Services have been completed pursuant to the Contract the County must reduce to five percent (5/0) the amount of retainaae withheld from each subseQuent prOGress payment made to the Contractor. unless it is notified to do otherwise by the Contractor. i 14.35 PAYMENT FOR ORDERS AND NONCONSTRUCTION SERVICES After receiving a receiving report or payment request, the Finance Department will process it for payment in accordance with the appropriate procedure for processing invoices. a. Payment checks will be issued by the Finance Department weekly on Tuesday. 1. To have a check issued for an order, the receiving report/payment request and invoice must be submitted to the Finance Department by noon on the preceding Thursday. b. It shall be County policy that vendors should mail original Invoices w+#t duplicate: copies directly to the Finance Department. All invoices shall be marked as to the date of receipt. 1. If Vendor Invoices, Credit Memos, Monthly Statements, are inadvertently mailed to a Department, the Department should promptly forward them to the Finance Department within five (5) days of receipt. 2. The Finance Department will maintain all invoices on file for use in processing payments for orders. 3. Any Invoices, Credit Memos, or Monthly Statements forwarded by the Finance Department to the Department for review and/or verification shall be returned to the Finance Department within five (5) days of receipt. c. Payment shall be made within forty-five (45) days of receipt of the Invoice by the Finance Department. d. If a proper invoice is not received by the County, payment shall be made within forty-five (45) days from the date: 1. On which delivery of personal property is accepted by the County: 2. On which services are completed: 3. On which the rental period begins; or 4. On which the County and the vendor agree in a contract which may provide dates relative to payment periods. e. If the terms under which a purchase is made allows for partial deliveries and a proper invoice is submitted for such a partial delivery, then the time for payment for such , '- partial delivery shall be calculated from the time of such partial delivery and the submission of such invoice as provided above in Section 14.3(d). f. All payments due from the County not made within the time specified within this section shall bear interest from thirty (30) days after the due date at a rate of one percent (l'Yo) per month on the unpaid balance. Any overdue period of less than one (1) month shall be considered as one (1) month in computing interest. Unpaid interest shall compound monthly. With respect to each past due payment, interest shall cease to accrue after interest on that payment has accrued for twelve (12) months. For purposes of this section, one (1) month shall constitute a period beginning on any day of one (1) month and ending on the same day of the following month. g. No Contract between the County and a vendor shall prohibit the vendor from invoicing the County for late payment interest allowable under this section. h. Any dispute involving an Invoice shall be resolved in the following manner: 1. In any case in which an improper invoice is submitted by a vendor, the Fil'lal'lce Director County Pro iect Manaaer or Desianee, within ten (10) days of receipt of the improper invoice, shall notify the vendor that the invoice is improper and indicate what corrective action on the part of the vendor is needed to correct the invoice, ~. / ;..J ¡rJ (Vvf"J ð 2. In the event a dispute occurs betwe the Fil'lCll'lce Director County Pro iect Manaaer and a vendor, the vendor may appeal t decision of the Fin(lI'lce Director County Pro iect Manaaer to the . County Administrator or Desianee no later than forty-five (45) days after rec Ipt of the proper invoice by the Finance Department. The appeal shall be filed with the County Administrator or Desianee using a--f rovl e and shall state the nature of the dispute and the vendor's requested relief. Within five (5) days of receipt of the appeal by the vendor, the Finance Director County Pro iect Manaaer shall provide the Office of N,al'lClgemel'lt & Budget County Administrator or Desianee with a written report on the dispute. The Office of Management & Bl:Idget Countv Administrator or Desianee may request additional information from the vendor and the Fil'lClnce Director County Pro iect Manaaer as he/she feels necessary. The Office of 'v,C1Mgement & Budget County Administrator or Desianee shall issue a written decision on the dispute within sixty (60) days of the date of the receipt of the proper invoice by the Finance Department. 3. If the Office of Mal'lflgemel'lt & Budget County Administrator or Desianee resolves the dispute in favor of the County, interest charges shall begin to accrue fifteen (15) days after the issuance of the Office of Management & Budget County Administrator or Desianee's final decision. If the dispute is resolved in favor of the Vendor, interest shall begin to accrue as of the original date the payment became due. 4. During December of each year, the Office of Management & Budget shall report to the Board of County Commissioners the number of interest payments made by the County under this section during the preceding fiscal year and the total amount of such payments. 14.4 6 PAYMENT LIMITS The Finance Department may not make any payment on any purchase that exceeds the payment limit on a Purchase Order or the contract amount of a Contract. a. For a Purchase Order only, the amount of the Purchase Order plus 10/0 or $100.00 whichever is less, is the payment limit. b. For a Contract, the Contract amount is the firm payment limit. c. When an excess payment over the payment limit or contract amount is invoiced by the vendor, the Finance Department will notify the Purchasing Department and Department concerned. d. If the Department wishes to pay the excesS amount, it must prepare and submit a PURCHASE ORDER CHANGE FORM, as per Section 12.3, and/or a Contract Change Order approved by the Board of County Commissioners as per Section 8.7 of this manual. e. After the Purchase or Contract Amount has been increased to the appropriate figure for the higher than expected invoice, the Finance Department may then make payment up to the appropriate amount. f. If the Purchase or Contract Amount is not increased, the Finance Department may make payment only up to the originally authorized payment limit or Contract Amount. -- r AGENDA REQUEST ITEM NO. 6B2 DATE: April 8, 2008 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Resolution 08-120 rescinding Resolution 04-210 BACKGROUND: See CA No. 08-517 RECOMMENDATION CONCLUSION: Staff recommends the Board approve Resolution 08-120 COMMISSION ACTION: [>4 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dougla . Anderson County Administrator [X] County Attorney: /) .. :i }.- -. Review and Approvals ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 .... '\ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 08-517 DATE: April 8, 2008 SUBJECT: Resolution 08-120 Rescinding Resolution 04-210 BACKGROUND: On December 4, 2004, the Board adopted Resolution 04-210 which amended the County's Zoning Maps so that the zoning of certain government-owned parcels on an attached map were changed to Conservation Public, Institutional or Utility. However, the map attached to the Resolution was inaccurate, as it included several privately-owned parcels and did not include several parcels that should have been changed. Resolution 04-210 was never recorded and the changes in zoning never became effective. Staff recommends that the Board rescind Resolution 04-210. Staff will be returning to the Board at a later date with a Resolution to change the zoning of appropriate parcels. RECOMMEN DA nON /CONCLUSION: Staff recommends the Board approve Resolution 08-120. Re~~~ctfUIlY sUbmitt:p, ...,-'./ ~:~~~:~tS~:~i~t~~~¿ I) /' ~ HSLj ... , RESOLUTION NO. 08 -120 A RESOLUTION RESCINDING RESOLUTION NO. 04-210 WHEREAS, On December 4, 2004, the board adopted Resolution No. 04-210 which amended the County's Zoning Maps so that the zoning of certain government-owned parcels on an attached map were changed to Conservation Public, Institutional or Utility; and, WHEREAS, the map attached to the Resolution was inaccurate, as it included several privately-owned parcels and did not include several parcels that should have been changed; and, WHEREAS, the Resolution was never recorded; and, WHEREAS, the Board wishes to rescind the Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Resolution No. 04-210 is hereby rescinded. 2. This resolution shall be effective upon adoption. After motion and second the vote on this resolution was as follows: Chairman Joseph E. Smith Vice-Chairman Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande Commissioner Chris Craft xxx xxx xxx xxx xxx PASSED AND DULY ADOPTED this _ day of ,2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. 6.B.3 Date: April 8, 2008 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Fixed Base Operator (FBO) Leases - Consider Approval of Second Amendment and Restatement of Existing Fixed Base Operator Lease and Approval of Fixed Base Operator Lease for Additional 50.87 Acres (+/-) with Mobarak Aircraft, LLC BACKGROUND: See c.A. No. 08-0528 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the following documents, subject to review and approval by the County Attorney as to legal form and correctness, and authorize the Chairman to sign the documents to be held in escrow subject to the pending acquisition of Air Charter of Florida, Inc.: Existing Lease Agreement: 1. Second Amendment and Restatement of Lease Agreement between St. Lucie County, as lessor, and Air Charter of Florida, Inc., as lessee, and related Memorandum of Lease Agreement 2. Assignment and Assumption Agreement from Air Charter of Florida, Inc., as assignor, to Treasure Coast FBO, LLC, as assignee RFP Lease Agreement: I. Lease Agreement between St. Lucie County, as lessor, and an affiliate of Mobark Aircraft, LLC, to be determined, as lessee, and related Memorandum of Lease Agreement 2. Assignment and Assumption Agreement from the above-referenced affiliate of Mobarak Aircraft, LLC., as assignor, to Treasure Coast Aircraft Management, LLC, as assignee [ ] APPROVED [] DENIED [ >]< OTHER: COMMISSION ACTION: B3-Pulled prior to meeting. Do as M. Anderson County Administrator County Attomey: ~---_.~ Originating Dept.: ~ . : Finance (Check for Copy only, if applicable), >{\"--~ , Coordination/Sil!natures Mgt. & 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: 08-0528 DATE: March 31, 2008 SUBJECT: Fixed Base Operator (FBO) Leases - Consider Approval of Second Amendment and Restatement of Existing Fixed Base Operator Lease and Approval of Fixed Base Operator Lease for Additional 50.87 Acres (+/-) with Mobarak Aircraft, LLC BACKGROUND: On September 21, 2004, the Board of County Commissioners granted conceptual approval for the lease of approximately 10 additional acres of vacant property at the St. Lucie County International Airport to Air Charter of Florida, Inc. for expansion of its existing fixed base operation (FBO). On October 9, 2007, the Board of County Commissioners accepted the proposal from Mobarak Aircraft, LLC to lease approximately 30.9 acres of vacant land at the airport and granted Mobarak conceptual approval to move forward with lease negotiations. No protests were received in response to the award and the time for such protests under the Purchasing Manual has expired. At the following meeting on October 16, 2007, the Board approved the transfer of controlling interest in Air Charter of Florida, Inc. to Martin Mobarak, the principal of Mobarak Aircraft, LLC. Air Charter is in the process of being acquired by Key Air, an aircraft management and fixed base operation firm based in Oxford, Connecticut. As part of the acquisition, Air Charter will assign the existing lease to Treasure Coast FBO, LLC, which has been formed by Key Air for this purpose. In addition, Mobarak will assign the lease of the total additional 50.87 acres, as now determined by a recent survey, to Treasure Coast Aircraft Management, LLC, also formed by Key Air for this transaction. Treasure Coast Aircraft Management LLC intends to develop an FBO on the additional acreage in order to expand the services currently offered by Air Charter. In conjunction with the acquisition of Air Charter, Key Air initiated negotiations with the County for the new lease. A copy of the proposed lease agreement is attached to this memorandum. The proposed lease provides for a fifty (50) year initial term with an option to extend the term for an additional twenty (20) years. In order to insure the property is developed, the lessee will be required to invest a minimum of seven million five hundred thousand and 00/100 dollars ($7,500,000.00) in improvements to the site in three phases over the course of five years. The first development phase will commence within eighteen (18) months of the effective date of the lease. The initial rental rate will be based upon the rate of $.11 per square foot, or two hundred forty-three thousand seven hundred two and 25/100 dollars ($243,702,25) per year. That rate will increase to $.23 per square foot, or five hundred nine thousand five hundred fifty-nine and 25/100 dollars ($509,559.25) per year, beginning with the earlier of the nineteenth (19th) month after the lease commencement date or issuance of a certificate of occupancy for the first structure. Thereafter, the rental rate will be subject to an annual adjustment based upon the Consumer Price Index. In addition, the rental rate will be 1 adjusted twenty (20) years after the commencement date following an appraisal of the fair market value of the property and any improvements. Thereafter, the rental rate will be adjusted based upon fair market value every ten (10) years. The improvements will be owned by the lessee during the term of the lease but will become the property of the County upon expiration of the lease. The lease requires a security deposit equal to three months' rent upon entry into the lease. The initial security deposit will be based upon the $.11 per square foot rate but will be increased to an amount equal to three months' rent at $.23 per square foot when that rate increase takes effect. As stated above, the existing lease with Air Charter will also be amended to insure consistency with the new lease as the two facilities will be operated in conjunction with each other. In addition, the rental rate has been adjusted to reflect a correction in the square footage based upon a recent survey of the leasehold. In conjunction with the sale of the FBO, Air Charter will assign its leasehold to Treasure Coast FBO, LLC, a limited liability corporation formed by Key Air for this purpose. A copy of the proposed Second Amendment and Restatement of the Lease Agreement incorporating these revisions is also attached. The key provisions of the Second Amendment and Restatement of Lease Agreement and the new Lease Agreement have been set forth in the attached Memoranda of Lease Agreement which will be recorded. Finally, the County's consent is required for the assignments Treasure Coast FBO, LLC. And Treasure Coast Aircraft Management, LLC. Copies of the form Assignment and Assumption Agreements are attached. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the following documents, subject to review and approval by the County Attorney as to legal form and correctness, and authorize the Chairman to sign the documents to be held in escrow subject to the pending acquisition of Air Charter of Florida, Inc.: Existing Lease Agreement: 1. Second Amendment and Restatement of Lease Agreement between St. Lucie County, as lessor, and Air Charter of Florida, Inc., as lessee, and related Memorandum of Lease Agreement 2. Assignment and Assumption Agreement from Air Charter of Florida, Inc., as assignor, to Treasure Coast FBO, LLC, as assignee RFP Lease Agreement: 1. Lease Agreement between St. Lucie County, as lessor, and Mobark Aircraft, LLC, to be determined, as lessee, and related Memorandum of Lease Agreement 2. Assignment and Assumption Agreement from Mobarak Aircraft, LLC, as assignor, to Treasure Coast Aircraft Management, LLC, as assignee 2 Attachments HY/ Copies to: Respectfully submitted, ~ Heather Young Assistant County Attorney County Administrator Airport Director Finance Director Management and Budget Director 3 LEASE AGREEMENT THIS IS A LEASE AGREEMENT (this "Lease"), dated as of 1, 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Lessor") and MOBARAK AIRCRAFT, L.L.c., a Florida limited liability company ("Lessee"). In consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain real property and any improvements now or hereafter located thereon, located in S1. Lucie County, Florida, and more particularly described in Exhibit "A", attached hereto and incorporated herein, together with any appurtenances thereto (the "Premises"). Lessor represents that there currently exists sufficient access to the Premises from a public road via S1. Lucie Boulevard, Curtis King Boulevard, Industrial 33rd Street and Jet Center Terrace (as shown on a survey of the Premises, dated r 1, prepared by Culpepper & Terpening, Inc.), and at no time shall such access be obstructed or restricted. Any debris which may interfere with any such access shall immediately be removed and cleaned by Lessor; and if Lessor fails to do so, then Lessee may so remove and clean and shall be reimbursed for the cost thereof by Lessor or, alternatively, Lessee may deduct such cost from the next rental payment(s) due). Lessee also shall have the right to use the public portions of the St. Lucie County International Airport (the "Airport") (including, without limitation, runways, taxiways, public parking areas, security gates, access through common areas and access roads). Lessor shall provide 1 access cards and/or access badges to all employees of Lessee so that such employees shall have access to the public portions of the Airport at all times (it being acknowledged by Lessor that there shall be no limit on the number of such access cards and/or access badges provided to Lessee and/or Lessee's employees). 2. PURPOSE. (a) Lessee agrees to use the Premises as a fixed base operation, which will include without limitation, the right to use the Premises for the administration, operation, business offices and activities related specifically thereto in connection with the conduct of an aircraft full service fixed base operation which provides goods and services to the general aviation public in the promotion of air commerce, including, without limitation, the installation, operation and maintenance of a fuel farm, aviation related sales and services, and all other services connected with a fixed base operation and permitted by the S1. Lucie County Code of Ordinances and the St. Lucie County Land Development Code (collectively, the "Code") (including, without limitation, operation of a restaurant and/or catering services to aviation customers). Lessor agrees that at Lessee's option, Lessee may obtain rights to use the fuel farm of another fix based operation tenant (or share the use of such fuel farm v:ith such tenant) at the Airport, the acquisition of which rights shall be deemed to satisfy all requirements of fixed base operations with respect to fuel sales and fuel farms. The use of the Premises by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by Lessor, the Federal Aviation Administration ("FAA") or its successor agency, or by the State of Florida or any other federal, state, or local agency having jurisdiction over the operations of the Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor, so long as same are imposed in the same manner on all fixed 2 base operators under the jurisdiction of Lessor (including at the Airport). Lessor hereby represents that Lessee's intended use (including, without limitation, restaurant use) of the Premises hereunder (i) is permitted under and consistent with, the St. Lucie County Comprehensive Plan, any applicable zoning ordinances, the Code, the Airport Master Plan and any other applicable rules and regulations, and (ii) will not interfere with any existing exclusive uses which may have been granted to tenants at the Airport. During the "Term" (as defined in Section 10), Lessor (a) shall not grant to any other party exclusive rights to use any portion of the Airport for a particular use permitted by this Lease, excluding the commercial areas of the Lessor-controlled terminal (it being agreed for the avoidance of doubt, that any such exclusive rights granted to third parties with respect to the commercial areas of the Lessor-controlled terminal shall not prohibit or limit in any way, Lessee's intended use of the Premises) and (b) shall not impose any restrictions or enter into any agreements or take any actions which prevent or materially interfere with Lessee's intended use of and/or access to the Premises (including, without limitation, the infrastructure of the Premises). If any such restrictions are imposed or any such agreements are entered into or any such actions are taken, or if any other local authority having jurisdiction over the Airport changes its rules, regulations or conditions in such a manner so as to materially interfere with Lessee's business and/or Lessee's intended use, maintenance and/or operation of and/or access to the Premises, then in addition to any and all other rights and remedies available at law and/or in equity, Lessee shall have the right (but not the obligation) to terminate this Lease, in which event the parties shall have no further obligation to each other hereunder, except (x) for any obligations which are expressly stated herein to survive the termination of this Lease, and ., ~ (y) if any such restrictions and/or agreements are imposed or entered into or if any such actions are taken by Lessor, then Lessee may pursue any and all remedies and damages available to Lessee at law and/or in equity. Notwithstanding any other provision hereof, Lessee at all times (I) shall be permitted to perform, and shall not be hindered from performing, all lawful services material to Lessee's intended business and operations, and (II) shall be provided sufficient access to the Premises and to the Airport via aircraft landings, required for Lessee's intended business and operations. Lessor shall reasonably cooperate with Lessee to provide areas of the Airport outside of the Premises during any period of construction and/or maintenance, for temporary placement or storage of equipment in connection with any landscaping and/or construction to be performed at the Premises by Lessee. Lessor represents that the Future Land Use on the Premises is Transportation/Utility and the zoning on the Premises is Utility. 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Subject to any express provisions of this Lease to the contrary, Lessee acknowledges that it has made, or had an opportunity to make, a thorough and complete inspection of the Premises and is fully advised of its condition, nature of construction, if any, and state of repair. Subject to any express provisions of this Lease to the contrary, Lessee fully accepts the Premises in its present state of condition. Lessor warrants that all steps, acts and conditions precedent to the execution of this Lease have been done and Lessor has full authority to enter into this Lease. Notwithstanding the foregoing provisions of this Section 3, the delivery of the Premises to Lessee by Lessor shall constitute a representation by Lessor that Lessor does not know of any defect or condition that would materially interfere with Lessee's business or any latent defect to the Premises. 4 4. INDEMNIFICATION AGAINST CLAIMS. The Lessee is and shall be an independent contractor and operator, responsible to all parties for all of its acts or omissions and the Lessor shall in no way be responsible for such acts or omissions. The Lessee shall and will indemnify and hold harmless Lessor from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and causes of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the Premises by the Lessee or its agents, servants, employees, customers, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Lessee or its agent, servants, employees, customers, patrons, or invitees on the Premises, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the Term, in or about the Premises, except (i) to the extent Lessor is reimbursed by third party property insurance or any liability insurance that Lessee or Lessor maintains, or (ii) to the extent that any such injuries, damages or claims are caused by the negligence or willful misconduct of Lessor and/or Lessor's agents, servants, employees, customers, patrons, invitees and/or tenants (collectively, "Lessor Parties"). Lessor promptly shall give Lessee notice of any such claims or actions, but in no event later than fifteen (15) days of becoming aware of any such claims (or threatened claims) or actions. 5. NO LIENS CREATED. Lessee covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character (including, without limitation, a mechanic's lien or materialman's lien) upon the right, title and interest of Lessor in and to the Premises, except as otherwise provided herein. Notwithstanding the 5 foregoing, Lessee shall have the right to discharge, by payment or bond, any lien or encumbrance placed upon the Premises in violation of this Section 5 within thirty (30) days following written notice from Lessor that any such lien or encumbrance is filed against the Premises; or, alternatively, if Lessee contests a claim to any lien and fails to discharge such lien in the manner required by applicable laws, Lessee may, if allowed in writing by Lessor, elect to indemnify Lessor and provide Lessor with a corporate surety bond or a cash deposit in an amount equal to one hundred twenty-five (125%) percent of the amount of the contested lien, issued by a surety company satisfactory to Lessor and in such case, such event shall not be considered a default under this Section 5. 6. OPERATION COSTS. Lessee agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, induding telephone, gas, electricity, water and sewer, and all other expenses incurred in and directly related to the use and operation of the Premises. Lessor agrees to maintain, repair and/or replace, as necessary, and to pay all costs relating to the operation and maintenance of, all public portions (including, without limitation, all systems and infrastructure) of the Airport. Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit in connection with Lessee's business operations at the Premises. Lessor agrees to cooperate reasonably in the execution and approval of any applications for such permits and licenses to the extent such execution and approval by Lessor is necessary to obtain or maintain such permits and licenses. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor (exercising reasonable judgment) showing Lessee's compliance with its obligations under this Section 6. 6 Lessee shall be responsible for the payment of any and all ad valorem taxes and other taxes and/or assessments, which may be assessed against the Premises during the Term. Lessor hereby represents (i) that there currently are no ad valorem taxes or other taxes and/or assessments applicable to the Premises, (ii) that upon the effectiveness of this Lease, all such taxes and/or assessments shall be assessed against the Premises consistent with other County owned property having similar tenants as determined by the S1. Lucie County Property Appraiser (or its successor), and (iii) that Lessor is not aware of any contemplated and/or proposed special assessments which may affect the Premises and which have not yet been assessed. Nothing contained herein is intended to preclude Lessee from challenging any such taxes and/or assessments in any manner permitted by law. 7. BANKRUPTCY OF LESSEE. Should Lessee, at any time during the Term, file a voluntary petition in bankruptcy under Title 11 of the United States Code, or permit an involuntary petition in bankruptcy to be filed against it which it does not contest, or make any assignments for the benefit of its creditors, or should a receiver or trustee be appointed for Lessee's property because of Lessee's insolvency, and the appointment is not vacated within thirty (30) days thereafter, or should Lessee's leasehold interest be levied on and the lien not discharged within thirty (30) days after levy has been made, then, and in such event, and upon the happening of either or any of such events, Lessor shall have the right, at its election, to consider the same a default on the part of Lessee of the terms and provisions of this Lease, and, in the event of such default not being cured by Lessee within a period of thirty (30) days from the date of the giving by Lessor of written notice to Lessee of the existence of such default, Lessor shall have the option of 7 declaring this Lease terminated, and the interest of Lessee forfeited, or Lessor may exercise any other rights conferred upon it by this Lease. The pendency of bankruptcy proceedings or arrangement proceedings, to which Lessee shall be a party shall not preclude Lessor from exercising any of its rights. 8. REPAIRS AND MAINTENANCE. Lessee agrees to keep and maintain the Premises, including grounds, furnishings, fixtures and personal property, if any, in a good state of repair and condition. Lessee agrees at its expense to make all routine repairs to the Premises, including electrical, plumbing, sewer, sewer conditions, and all other repairs that may be required to be made, in Lessee's reasonable discretion, and Lessee at its expense will keep the building interior and exterior, fixtures and equipment in a good state of repair, in good condition and at all times well painted. Lessee at its expense agrees to deliver to Lessor upon the termination of this Lease the entire Premises in a good state of repair and condition, ordinary wear and tear, and damage by the elements or by fire excepted. Lessee shall, throughout the Term, assume the entire responsibility and shall relieve Lessor from all responsibility for all repair and maintenance whatsoever to the Premises. Lessee shall keep the Premises at all times in a clean and orderly condition and appearance and all of Lessee's fixtures, equipment and personal property which are located on any part of the Premises which are open and visible to the general public shall likewise be so kept and maintained. Lessee shall be responsible for the maintenance and repair of all of the fuel tanks and utilities service lines that Lessee is using, including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers, except that notwithstanding any other provision of this Lease to the contrary, Lessor shall be 8 responsible for the maintenance and repair of all common utilities' systems, equipment and/or lines (whether or not located on, above, under, within, through or across the Premises). Lessee shall, at all times during the Term, take commercially appropriate measures to prevent, control, minimize or restore erosion at the Premises caused by Lessee, its agents, employees, or sublessees; and, any such erosion caused by negligence, acts and/or omissions of the Lessor shall be restored immediately by Lessor. In the event the Lessee fails in any material respect to so maintain, clean, repair, replace or rebuild the Premises, then if Lessee fails to commence to do so within a period of ninety (90) days after written notice from Lessor (which 90-days period shall be tolled during such time that any required approvals and/or permits are pending with any applicable authority), or fails in any material respect diligently to pursue to completion such repair, replacement, or rebuilding, the Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace or rebuild all or any part of the Premises included in such notice, and the reasonable, out-of-pocket cost thereof shall be payable by Lessee immediately upon demand of Lessor. Upon request of the Lessee, the repair period shall be extended for one year or such longer period as may be necessary, in the event necessary contractors and/or materials are unavailable following a hurricane or other "Force Majeure Conditions," as described in Section 13. Notwithstanding any other provisions hereof to the contrary, Lessee shall not be responsible for any repairs and/or maintenance of any condition which is the result of the negligence or willful misconduct of Lessor and/or the Lessor Parties. 9. SIGNS AND OBSTRUCTION LIGHTS. Lessee shall have the right to erect, maintain or display any signs or any advertising on the exterior of the Premises or within 9 the Premises, provided that such signs and advertising comply with all FAA, local government and airport rules, regulations and ordinances, and to the extent that Lessor's approval or consent is required under any such rules, regulations and ordinances, such approval or consent shall not be umeasonably withheld or delayed. Lessee shall be entitled to a directional sign at the entrance to the Airport or such other location as may be appropriate, as reasonably determined by Lessee. Lessee shall be entitled to a listing on any Airport directory which may at any time be installed at the Airport, which listing shall be at least as large as any other listing on the directory. 10. TERM; TERMINATION. The term (the 'Term") of this Lease shall begin on r , 200~ (hereinafter referred to as the "commencement date"), and shall terminate fifty (50) years from that date, provided however, that the initial fifty (50) year term shall be extended (at any time and from time to time) by one (1) year for each five thousand dollars ($5,000.00) invested per acre of the Premises in excess of the $7,500,000.00 Maximum Required Investment. The Term may be extended for an additional twenty (20) years (the "Renewal Term") upon the mutual consent of both parties. Delivery of the possession of the Premises to Lessee shall be made on the date of this Lease. Should County, local, state and/or federal authorities close the airport to nonmilitary aircraft (for any reason other than an act of God), thereby materially adversely interfering with the continuation of Lessee's operations, the amount of time during which Lessee's operations are interrupted shall be added to the Term and no rent (or other charges) shall be payable during such period of interruption. 11. RENT, SECURITY DEPOSIT AND ANNUAL ADJUSTMENT. On the ]0 date (the "Rent Commencement Date") which shall be the commencement date of this Lease, Lessee shall commence payment as annual rent ("Annual Rent") for the applicable portion of the Premises (determined as set forth below), the amount of two hundred forty three thousand seven hundred two and 25/100 dollars ($243,702.25), based upon 2,215,475 sq. ft. (50.87 acres) at $0.11 per square foot per year (which amount may be adjusted as set forth below), and shall pay all applicable sales, use, and like taxes. The Annual Rent shall be payable in equal monthly rental payments in the amount of twenty thousand three hundred eight and 52/1 00 dollars ($20,308.52), which shall be due on the tenth (1oth) day of the month. Notwithstanding any other provision of this Lease to the contrary, with respect to each portion of the Premises to be developed, the Annual Rent for such portion shall be increased to $0.23 per square foot per year, as of the date which is the earlier to occur of (i) the first day of the nineteenth (19th) full calendar month after the "Effective Date" (as defined in Section 13 below), or (ii) the date that a certificate of -- occupancy shall be issued for improvements on the applicable portion of the Premises. On the Rent Commencement Date, Lessee shall pay a security deposit in the amount of sixty thousand nine hundred twenty-five and 56/100 dollars ($60,925.56), or at Lessee's option, a letter of credit (the "LlC") in such amount and for a term of not less than one (1) year, which security deposit (i.e., cash deposit or LlC, as applicable) shall be returned to Lessee at the end of the Term so long as Lessee leaves the Premises in good condition, normal wear and tear excepted, and has removed and/or appropriately closed all fuel tanks in the manner required by this Lease, and after all Annual Rent due under this Lease is paid. On the first day of the nineteenth (19th) full calendar month after the Effective Date, Lessee shall cause the security deposit (or the amount of an Lie) to be 11 increased to an amount equal to three months' rental at the then monthly rental rate. Any cash security deposit shall be held in a separate interest bearing account in a Florida banking institution with interest earned for the benefit of Lessee, and shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shall be by check made payable to "St. Lucie County" and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all applicable sales tax imposed by federal, state and local governments. Notwithstanding any other provision of this Lease to the contrary, Lessee shall not be obligated to pay Annual Rent (or. any other charges) attributable to any portion of the Premises which constitutes wetlands or wetlands buffer or setback areas, regulated waterbodies, or scrubjay or any other similarly protected wildlife species habitat, unless and until Lessee applies for (in Lessee's discretion) and receives all required permits (including, without limitation, a building permit) and approvals (regulatory or otherwise), for the contemplated improvements on such lands. Subject to the provisions below, on each anniversary of the Rent Commencement Date (the "Annual Calculation Date") during the Term (but not any Renewal Term), the Annual Rent shall be adjusted in accordance with the provisions hereinbelow. Said adjustments shall be computed one (I) month prior to the applicable Annual Calculation Date, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The adjusted Annual Rent for the applicable year shall be determined by 'r multiplying the Annual Rent then in effect by a fraction, the numerator of which shall be --- --~---- the Consumer Price Index (U.S. City Average All Items and Commodity Groups _._-,---_.~ 1967= 100, as computed by the United States Department of Labor, Bureau of Labor 12 Statistics) (the "Index"), as of three (3) months prior to the then applicable Annual Calculation Date, and the denominator of which shall be the Index for the samc month of the prior year. Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following each Annual Calculation Date. Lessee shall not be obligated to pay any new Annual Rent amount unless and until Lessee shall have received written notice of such amount from Lessor in accordance with the provisions of this Lease; and, provided that such notice shall have been delivered on or before the ninetieth (90th) day after the applicable Annual Calculation Date, then any such new Annual Rent amount shall be effective as of the Annual Calculation Date. If the Term commences on a date other than the first day of a month, Lessee is obligated to advance its first payment of gross monthly rent on a pro-rata basis, computed based upon the number of days remaining in the month in which the Rent Commencement Date occurs, divided by the total number of days in such month. The Annual Rent, as adjusted pursuant to the preceding paragraphs ofthis Section 11, shall be subject to fair and non-discriminatory review and adjustment at the end of the first twenty (20) year period after the Rent Commencement Date and at the end of each ten (10) year period thereafter. The adjustment in Annual Rent shall be determined by a qualified independent professional appraiser chosen by Lessor (at Lessor's cost) to determine the fair market rental value of the Premises (the "Adjusted Rental"). If Lessee does not approve of the Adjusted Rental provided by Lessor's appraiser, then Lessee (at its cost) may obtain another appraisal from a qualified independent professional real estate appraiser. In the event that Lessee and Lessor fail to agree on the Adjusted Rental, 13 based on either or both of the appraisals, the two appraisers shall themselves select a third qualified independent professional appraiser. The fee for the third appraisal shall be divided equally between Lessee and Lessor. The Adjusted Rental shall be fixed at the average of the two closest appraisals. Notwithstanding any other provision hereof, the parties agree that any appraisal of the Premises for the purpose of determining an adjusted rental rate shall not include consideration of improvements that have existed on the Premises for fifteen (15) years or less. The appraisals shall be conducted by appraisers who are designated members of a professionally recognized real estate appraisers' organization. Lessor and Lessee shall each be responsible for the selection and compensation of one of the appraisers. When such rental rates are established as set forth above, this Lease shall be considered amended, upon written notification by Lessor to Lessee of the establishment of the said Adjusted Rental applicable to the Premises. The new rental rate shall be phased in on a pro-rata basis over five years. The rental rate shall continue to be subject to yearly adjustment in accordance with the foregoing provisions of this Section 11. 12. INSPECTION OF PREMISES. Lessor or its agents shall have the right to enter the Premises and the buildings and improvements constructed on them at all reasonable business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this Lease. Lessor shall use its best efforts not to disturb the rights or business operations of Lessee or of any subtenants or occupants of the Premises, except in the event of an emergency. At any time and from time to time during reasonable business hours within six (6) months next preceding the expiration of this Lease or immediately upon' the 14 detemlination by Lessor (exercising reasonable judgment) of abandonment or a breach of this Lease by Lessee which breach shall remain uncured at the expiration of all applicable notice and cure periods, Lessor shall have the absolute right to enter the Premises for the purpose of exhibiting and viewing all parts of the same and to place and maintain on the Premises "To Let" signs, which signs Lessee shall allow to remain without interference or hindrance. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 13. CONSTRUCTION/ALTERATIONS. (a) Lessee shall "commence the construction/permitting process" (defined below) of improvements upon the Premises as follows: (i) Within 18 months of the date (the "Effective Date") of full execution, delivery and effectiveness of this Lease, subject to Force Majeure Conditions, Lessee shall commence the construction/permitting process on the first phase of improvements (the "First Phase") to the Premises, as follows: improvements totaling a "minimum investment" (defined below) of $2,500,000.00 including but not limited to hangar facilities, a terminal with offices, and associated facilities such as roads, ramps, parking, and utilities. As used in this Lease, the phrase "commence the construction/permitting process" means the submission of an application for a conditional use permit (if applicable), a site plan application, and applications for other permits required in order to construct the applicable portion of the Project (provided however, that Lessee shall be 15 deemed to have commenced the construction/permitting process even if Lessee shall not have submitted an application for a particular permit, if such permit cannot be submitted without an approval which has not yet been issued). As used in this Lease, the phrase "minimum investment" means the expenditure of funds in cOlmection with development of the Premises and/or construction of the improvemcnts on the Premises, including without limitation, all soft and hard costs, permitting costs, remediation/mitigation costs (including without limitation in connection with wetlands, wildlife, wildlife habitats and regulated waterbodies existing on or at the Premises), and costs of consultants (including attorneys' fees and expenses). The parties agree that, subject to Force Majeure Conditions, if Lessee has not commenced the construction/permitting process of the First Phase within eighteen (18) months ofthe Effective Date, then Lessor may upon sixty (60) calendar days written notice terminate this Lease and collect the applicable "Construction Security" (defined below), in which event the parties shall have no further obligation to each other hereunder, except for any obligations which are expressly stated herein to survive the termination of this Lease. (ii) On or before the third (3rd) anniversary of the Effective Date, subject to Force Majeure Conditions, Lessee shall commence the construction/permitting process on the second phase of improvements (the "Second Phase") to the Premises, as follows: improvements totaling a minimum investment of $2,500,000.00 including but not limited to hangars, fueling facilities, support offices, and associated facilities such as roads, ramps, parking, and utilities. The parties agree that, subject to Force Majeure Conditions, if Lessee has not commenced the construction/permitting process of the Second Phase, within three (3) years of the Effective Date, then Lessor may upon sixty (60) calendar 16 days written notice terminate this Lease with respect to the land (the "Phase Two Land") that is the subject of the Second Phase, and collect the applicable portion of the "Construction Security," in which event (x) the parties shall have no further obligation to each other with respect to the Phase Two Land hereunder, except for any obligations which are expressly stated herein to survive the termination of this Lease, (y) there shall be an equitable reduction in Annual Rent and other amounts due under this Lease and attributable to the Phase Two Land, and (z) Lessee shall provide Lessor with an ingress and egress easement to the airfields from the Phase Two Land. (iii) On or before the fifth (5th) anniversary of the Effective Date, subject to Force Majeure Conditions, Lessee shall commence the construction/permitting process on the third phase of improvements (the "Third Phase"; the First Phase, the Second Phase and the Third Phase are collectively referred to herein as the "Project") to the Premises, as follows: improvements totaling a minimum investment of $2,500,000.00, including but not limited to hangars, fueling facilities, support offices, and associated facilities such as roads, ramps, parking, and utilities. The parties agree that, subject to Force Majeure Conditions, if Lessee has not commenced the construction/permitting process of the Third Phase, within three (3) years of the Effective Date, then Lessor may upon sixty (60) calendar days written notice terminate this Lease with respect to the land (the "Phase Three Land") that is the subject of the Third Phase, and collect the applicable portion of the "Construction Security," in which event (x) the parties shall have no further obligation to each other with respect to the Phase Three Land hereunder, except for any obligations which are expressly stated herein to survive the termination of this Lease, (y) there shall be an equitable reduction in Annual Rent and other amounts due under this 17 Lease and attributable to the Phase Three Land, and (z) Lessee shall provide Lessor with an ingress and egress easement to the airfields from the Phase lbree Land. Notwithstanding the foregoing, if at any time during the Term Lessee expends $7,500,000.00 in the aggregate (the "Maximum Required Investment") in connection with development of the Premises and/or construction of the improvements on the Premises, including without limitation, all soft and hard costs, permitting costs, and remediation/mitigation costs (including without limitation in connection with wetlands, wildlife, wildlife habitats and regulated waterbodies existing on or at the Premises), then Lessee shall not be required to expend any additional funds in excess of such $7,500,000.00. Lessee shall provide paid invoices and/or other evidence of the above required expenditures to the "Airport Director" (as defined in Section 1-2.3-1 of St. Lucie County Code of Ordinances). In the event that governmental restrictions are placed upon the development of the Premises beyond the reasonable control of Lessee, or actions are taken by Lessor, which restrictions or actions operate to prevent or materially interfere with construction of all or any portion of the Project, or which could have a material adverse impact on all or any portion of the Project and/or Lessee's business, then, in addition to any and all other rights and remedies set forth in this Lease (including, without limitation, Section 2 of this Lease), Lessee shall also have the option either (x) to terminate this Lease in its entirety or with respect to the affected portion of the Premises, upon thirty (30) days' notice to Lessor (in which case there shall be an equitable adjustment in Annual Rent and other charges under this Lease), or (y) to revise the Project and resubmit modified plans and specifications and/or a modified development plan, as applicable, to Lessor for its review 18 and approval. As used in this Lease, the term "Force Majeure Condition" means a situation in which the Lessee shall be delayed, hindered in or prevented from the performance of any act required under this Lease by reason of strikes, boycotts, lock-outs, labor troubles, embargoes, shortages of labor, equipment, energy or materials, inability to procure materials or equipment, failure of power, fire or other casualty, condemnation, weather, acts of God, war, accident, acts of the public enemy, acts of nature (including lightening strikes, hurricanes and tornados or other high winds), restrictive governmental laws or regulations, governmental preemption, riots, rebellions, sabotage, insurrection, the act, failure to act or default of Lessor, or as a result of delays caused by Lessor or any other applicable authority in failing to complete any inspections and/or issue any permits (including without limitation, relating to protected wildlife and wildlife habitats, wetlands and regulated waterbodies existing on or at the Premises), approvals or objections in a timely manner and/or as required under this Lease or by applicable law, or as a result of any delays caused by the failure of any such permits, approvals and/or objections to become final and unappealable, or any other causes beyond the reasonable control of Lessee, whether similar or dissimilar to the causes specifically enumerated in this Section. In the event of Force Majeure Conditions, the performance by Lessee of its obligations under this Lease shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. (b) Within thirty (30) days after receipt of plans and specifications from Lessee for any proposed improvements to the Premises, Lessor shall inform Lessee of 19 any reasonable modifications it may require, if any, to the plans and specifications in order to secure Lessor's approval thereof. If Lessor requires any modifications (which must be reasonable, as set forth above) that Lessee reasonably determines are commercially unacceptable, then, in addition to any and all other rights and remedies set forth in this Lease (including, without limitation, Section 2 of this Lease), Lessee shall also have the right either (i) to terminate this Lease in its entirety or with respect to the affected portion of the Premises, upon thirty (30) days' notice to Lessor (in which case there shall be an equitable adjustment in Annual Rent and other charges under this Lease) or (ii) to revise the Project and resubmit modified plans and specifications and/or a modified development plan, as applicable, to Lessor, for its review and approval. Within thirty (30) days after a request for approval of any such proposed plans and specifications, the Airport Director shall issue a determination as to whether such proposed plans and specifications are in compliance with this Lease. (c) Lessee understands that certain approvals from other entities and/or governmental authorities, including governmental agencies, may be required as a matter of law for any construction and/or alterations to or on, and/or use of, the Premises. Upon Lessee's request for any approvals under this Lease which also require approvals from any other entities and/or governmental authorities as a matter of law, to the extent such requests for approval must be, or in Lessee's opinion are desirable to be, made, in whole or in part, in the name of or by Lessor, and provided that such requests relate to any projects that previously have been approved by the 51. Lucie County Board of County Commissioners pursuant to the site plan approval process, then Lessor shall promptly so make and submit Lessee's requests/applications for approval to such other entities and/or 20 governmental authorities; shall promptly forward any requests by such other entities and/or governmental authorities to Lessee; and Lessee shall use its commercially reasonable efforts to obtain such approvals. Additionally, when any such approval is required from Lessor, then Lessor shall cooperate with Lessee and use best efforts to .---------"~ expedite the issuance of r's approval, ubject to applicable regulations. Such its relating to protected wildlife and - ~------ wildlife habitats, wetlands, an regu a e waterbodies existing on or at the Premises. Approvals are deemed received when the applicable entit or governmental authority has '- ---- granted the applicable approval in writing and any resulting litigation or administrative --- proceeding related to such approval has been decided by the court or entity having the highest level of jurisdiction or the time for an appeal to a higher authority has expired or any claims arising from such litigation have been bonded or insured against to the extent --"~ required by the appropriate court. Lessee shall provide Lessor with a copy of all written ------ approvals. ---"------ (d) Lessee shall bear the entire cost and expense of the facilities to be constructed and/or improved on the Premises by Lessee hereunder, which shall include all utility connections to common utilities and any current or future metering that may be required, and shall bear all of the risks of loss of and/or damage to any materials and/or partially completed facilities during the Term, unless such damage is caused by the negligence and/or willful misconduct of Lessor and/or any Lessor Parties or by Lessor's breach of its obligations under this Lease. Lessor hereby agrees that if Lessee's operations at the Premises do not require multiple connections to common water mains or other utility systems, then Lessee shall not be required to provide such multiple 21 connections. Lessor shall approve the facilities as having been fully completed by Lessee in accordance with the approved plans and specifications, by issuance of a permanent certificate of occupancy; which permanent certificate of occupancy, or a written notice of any deficiencies asserted by Lessor, shall be provided within ten (10) days of Lessee's request. (e) Lessee shall provide and maintain or cause to be provided and maintained, at its own expense, all required fire alarm and control systems and all required utility systems (induding metering devices) such as water, sewer, electricity, gas, cable and telephone within the Premises. Lessee shall have the right to connect to all common utilities and to obtain such rights as may be required for water, sewer, power, telephone and any utility lines or facilities for the performance of the terms, conditions and covenants herein contained. (f) Title to all materials purchased for construction and/or improvements and installation upon the Premises under this Lease, shall vest in Lessee simultaneously with passage of title from the vendors thereof and Lessor shall have no property rights therein or in the completed facilities, except as expressly provided in Section 17 of this Lease. (g) Notwithstanding any other provision of this Lease to the contrary, during the Term, with respect to the Premises, Lessee may, without Lessor's consent, construct improvements and/or make changes, modifications and/or alterations to the plans, specifications and/or improvements as originally approved by Lessor and as built, provided that same (i) relate solely to the interior of any improvements at the Premises and do not materially adversely affect the common utilities at the Airport, and (ii) do not constitute a "Material Alteration" (defined below). Lessor's failure to respond to a 22 request for approval of any Material Alteration within five (5) days of such request shall be deemed Lessor's approval of such request. As used herein, the term "Material Alteration" means, with respect to the Premises, construction of any single improvement and/or any change, modification or alteration to the plans, specifications and/or improvements as originally approved by Lessor and as built, which is not described in clause (i) above and which shall cost in excess of twenty-five thousand ($25,000.00) dollars. (h) Notwithstanding any other provision of this Lease to the contrary, if there are wetlands, protected wildlife, protected wildlife habitat, and/or environmental conditions and/or restrictions which prevent or materially interfere with the construction of the Project and/or the intended use of the Premises, then Lessee, at its option, may elect by written notice to Lessor, either (x) to terminate this Lease, or (y) to release the affected portion of the Premises from this Lease with an equitable reduction in Annual Rent and other charges under this Lease. If Lessee exercises its option under "(y)" above, Lessee shall re!~~!:l_c1JJring.the Term of this Lease, an option to lease such released portion of the Premises in accordance with the terms of this .Lease. Subject to the approval of Lessor, which approval shall not be withheld ~r.?~laye~_ll~eas()!:.~º!y, IJe.sseesþall have the right (but may not be required) to use, designateèl!!c! m<lj.I1.~in an~~ion of the Premises as a wilCÍÎife or wildlife habitat conservation area to the extent required in order to obtain any necessary permits for the construction of the Project or for the use of the Premises as ,. contemplated under this Lease. Lessor shall cooperate reasonably and shall assist Lessee in effectuating any such use, designation and maintenance, including without limitation, the filing of any permits, easements or other necessary filings; provided, however, that 23 Lessor shall not be required to create a conservation easement on the Premises, except that if any governmental authority requires the creation of a conservation easement in connection with Lessee's activities, then subject to the approval of the FAA, Lessor shall cooperate and assist Lessee in creating such conservation easement. Lessee shall not be .--- required to pay Annual Rent or any other charges under this Lease on any portion of the - -_.~---------. Premises used, designated and maintained as a wildlife or wildlife habitat conservation ---~- -- ----- ~~ area. --~---- (i) Upon receipt of all required permits, consents and/or approvals to develop a portion of the Project, Lessee shall post a security deposit (the "Construction Security") in the form of cash, letter of credit or performance bond (at Lessee's option) with Lessor in the amount of six months rent on that portion of the site that is to be developed and which is the subject of such permits, consents and/or approvals, which Construction Security shall be held in escrow by Lessor until released as set forth below. If Lessee shall fail to expend the minimum investment as required in Sections 13(a)(i), @ and (iii) above, then Lessor shall be entitled to release and retain the Construction Security as liquidated damages; and, immediately upon Lessee's expenditure of the Maximum Required Investment, the Construction Security shall be returned to Lessee. 14. CONDEMNATION. (a) If any part of the Airport (which mayor may not include the Premises) shall be taken or condemned (or purchased in lieu thereof) for a public or quasi-public use, and a part remains which is susceptible of occupation in Lessee's sole discretion, the rent payable shall be equitably reduced, commencing with the date title shall vest in the condemnor; and, if Lessor and Lessee cannot agree on the amount of the reduced rental (the "Reduced Rental"), then such amount shall be 24 determined by a qualified independent professional appraIser chosen by Lessee (at Lessee's cost). If Lessor does not approve of the Reduced Rental provided by Lessee's appraiser, then Lessor (at its cost) may obtain another appraisal from a qualified independent professional real estate appraiser. In the event that Lessee and Lessor fail to agree on the Reduced Rental, based on either or both of the appraisals, the two appraisers shall themselves select a third qualified independent professional appraiser. The fee for the third appraisal shall be divided equally between Lessee and Lessor. The Reduced Rental shall be fixed at the average of the two closest appraisals. All appraisers shall be instructed to estimate the fair rental value of the land and improvements constituting the Premises taken as a single interest and used for the purposes set forth herein (which may or may not be the highest and best use). (b) If after a partial taking or condemnation (or purchase in lieu thereof) of the Airport (which mayor may not include the Premises), Lessee determines (in its sole discretion) that the remaining portion of the Premises is inadequate for the uses contemplated by this Lease, Lessee shall have the option to terminate this Lease as of the date when title to the part so condemned vests in the condemnor. If all of the Premises shall be so taken, this Lease shall terminate on the date when title to the Premises vests in the condemnor. If a part or all of the Premises be so taken or condemned (regardless of whether this Lease is terminated as a result thereof), Lessee shall be entitled to that portion of any award for Lessee's loss of property, buildings, improvements and its furniture and fixtures, the cost of removing its property and the loss of the value of its leasehold interest in the land so taken. To the extent Lessee is not compensated pursuant to the preceding sentence, Lessee shall have the right to make an additional claim for all 25 other damages sustained as a result of such taking, including without limitation such compensation as may be separately awarded or recoverable by Lessee for improvements, personal property or fixtures owned by Lessee and located at the Premises, loss of business damages, and relocation expenses, provided that any such award (i) shall be made in addition to, and stated separately from, the award made in connection with the underlyihg land, and (ii) does not reduce the award paid to Lessor. In the event of such taking, Lessor shall receive such portion of the award as is attributable to its reversionary fee interest in the land and any improvements comprising the Premises. Any portion of any condemnation award, which is not specifically apportioned to Lessee, as aforesaid, shall be and become the property of and belong to Lessor. (c) If this Lease is terminated in accordance with the provisions ofthis Section 14, all rent and fees or any other monies payable by Lessee under this Lease shall be apportioned to the date of termination and Lessee shall be released from its obligations under this Lease (except those which have accrued or which expressly survive such termination) as of the date of such termination. No rent and other amounts payable by the Lessee under this Lease shall be payable during any period of takeover by any federal or State agency (or other governmental authority) of all or any portion of the Airport or the Premises, which results in either (i) the cessation of the Airport's function as an airport for general commercial traffic, or (ii) the cessation of the use of the Premises for all or any part of the business of the Lessee. If any condemnation results in a diminution of the value of the Lessee's leasehold interest, then Annual Rent shall be reduced to reflect such diminished value; and, for purposes of this Section 14, "diminution of the value of the Lessee's leasehold interest" means an adverse economic impact upon the 26 Premises and/or Lessee's operation on the Premises, as improved. If after any condemnation (or take over) this Lease is not terminated pursuant to the provisions of this Section 14, then the Term (or any extended term, if applicable) of this Lease shall be extended for a period of time equal to that period during which the Airport has not functioned as an airport for general commercial traffic or the Premises have been adversely affected. Subject to the other provisions of this Section 14, (x) if there is a permanent taking of a portion of the Premises, then this Lease shall continue in full force and effect with respect to the balance of the Premises not taken, and (y) if there is a temporary taking of the Premises (in whole or in part), then this Lease shall resume in full force and effect upon the cessation of the taking with respect to the portion of the Premises so taken, and (z) in the case of a partial taking of the Premises, then this Lease shall continue in full force and effect with respect to the portion of the Premises not taken. 15. DEFAULT IN RENT. If any sums of money required to be paid by Lessee to Lessor shall remain unpaid for a period of ten (10) days after its due date and, thereafter, for twenty (20) business days after Lessee's receipt of written notice from Lessor specifying the applicable payment and stating that such ten (10) day grace period has expired, then Lessor may declare the next consecutive six (6) month's rental as presently due and payable, in which event such amount (the "Rent Escrow") shall be paid by Lessee to Lessor within 10 days of a written request by Lessor, and shall be held in escrow by Lessor and disbursed on a monthly basis to pay each of the next consecutive six (6) months' rental when due. Such declaration shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of Lessee to 27 pay rent under the terms of this Lease for the period unaffected by the declaration. If Lessee fails to deposÌt the Rental Escrow, then Lessor may exercise any and all other options available to it under this Lease, which options may be exercised concurrently or separately with the exercise of the above options. 16. DEFAULT IN PROVISIONS (OTHER THAN RENT). If Lessee shall default in the performance of any term of this Lease (except the payment of monthly rent, but including the payment of the Rent Escrow), then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this Lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that this Lease is in default, and to use all remedies available to Lessor under this Lease; provided, however, Lessor shall not under any circumstances be entitled to exercise such remedies unless and until Lessor shall have delivered to Lessee an additional notice of the applicable default and fifteen (15) days' opportunity to cure such default. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days or fifteen (15) days (as applicable) from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default, Lessor shall not have the right to declare the Term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the Term ended and enforce all of its rights and remedies under this Lease for any other default not so cured. 28 17. OWNERSHIP. (a) All buildings, structures, hangars and fixtures (as opposed to chattel) of every kind now existing or hereafter erected, installed or placed on the Premises shall, at the end of the Term or earlier termination of this Lease, for any reason, be the property of Lessor and shall be left in good condition and repair, ordinary wear and damage by the elements excepted, provided however that notwithstanding the foregoing or any other provision of this Lease to the contrary, Lessee shall retain ownership of all tanks installed at the Premises and such tanks shall be removed from the Premises within thirty (30) days (or such longer period as shall be reasonably necessary) after the expiration of the Term or earlier termination of this Lease and Lessee (or its agents) shall be permitted to enter the Premises after the expiration of this Lease for the purpose of such removal. A fixture is defined as an article which was a chattel, but which, by being physically annexed or affixed to the Premises by Lessee and incapable of being removed without structural or functional damage to the Premises, becomes a part and parcel of it. Nonfixture personalty owned by Lessee at the expiration of the Term or earlier termination of this Lease for any reason, shall continue to be owned by Lessee, and at the time of such expiration or earlier termination, Lessee at its option may remove all such personalty, provided Lessee is not then in default of any covenant or condition of this Lease; otherwise, all such property shall remain on the Premises until the damages suffered by Lessor from any such default have been ascertained and compensated. Any damage to the Premises caused by the removal by Lessee of any such personalty shall be repaired by Lessee promptly at its expense. (b) Regardless of whether or not Lessee holds title to any buildings, structures, hangars or fixtures (as opposed to chattel) constructed on, installed upon, or affixed to the 29 Premises by Lessee, it is the express intent and agreement of the parties that (i) Lessee shall be entitled to receive all economic and other benefits (other than the receipt of Annual Rent and other amounts payable by Lessee to Lessor under this Lease, which amounts shall belong to Lessor) which may be derived from its use and occupancy of any such buildings, structures, hangars or fixtures, and (ii) the Lessee shall be entitled to claim any federal income tax credits, deductions and benefits that may be associated with any such improvements, and Lessor shall make no claim to any such credits, deductions or benefits. 18. INSURANCE. (a) Lessee shall, at all times during the Term and at Lessee's sole expense, maintain insurance coverages (via one or more policies, in Lessee's discretion), as required by Lessor, all as set forth in Exhibit "B" attached hereto and hereby made a part hereof. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate Lessor as an additional named insured. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this Lease, specifically providing that the insurance shall not be amended or càrîceled by the insurer until thirty (30) days advance written notice has been given to Lessor. In addition, Lessee shall at all times during the Term oftrus Lease and any Renewal Terms and at Lessee's sole expense, keep the leased facilities insured against loss or damage by fire and hazards in an amount equal or greater than the full replacement cost of the property. (b) Damage or Destruction to Premises. Except as otherwise provided in this Lease, if the Premises or any part of them (including any leasehold improvements), shall be damaged or destroyed, Lessee shall, to the extent of any insurance proceeds available 30 and any deductible, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall belong to Lessee (it being agreed that if any such insurance proceeds are paid to Lessor or are delivered by check jointly payable to Lessor and Lessee, then Lessor shall promptly pay any such amount to Lessee or endorse such check over to Lessee, as applicable). Subject to the foregoing limitations, it shall be Lessee's responsibility to repair or reconstruct the Premises as appropriate. Any other terms or provisions of this Lease pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the Premises. If such a substantial portion of the Premises is destroyed so that Lessee determines that Lessee cannot reasonably continue to utilize the Premises until the same are repaired or replaced, then Lessee may elect to either repair or replace the same, to the extent of any insurance proceeds available and any deductible, or to abstain from repairing or replacing the same and to terminate this Lease, whereupon any insurance proceeds shall be paid to the holder of any leasehold mortgage which encumbers the Premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any, shall be paid to Lessee, provided however, that if the Premises are damaged or destroyed during the last fifteen (15) years of the Term or during the last five (5) years of any Renewal Term, then such balance shall be distributed to Lessor. 19. ASSIGNMENT AND SUBLEASING. Lessee may not sublease the Premises, or any portion of the Premises except upon prior approval by the Lessor of the form sublease (which consent shall not be unreasonably withheld, conditioned or delayed). Lessee shall not assign this Lease without the prior written consent of the 31 Lessor (which consent shall not be umeasonably withheld, conditioned or delayed), other than to a "Leasehold Mortgagee" (as defined in Section 35 of this Lease) pursuant to the terms of Section 35 of this Lease. Notwithstanding the foregoing or any other provision of this Lease, Lessee may submit a standard sublease form having an initial term of no more than thirteen months for rentals of hanger space to Lessor for pre- approval. Lessee may, without Lessor's consent, enter into subleases of hangar space(s) with initial terms of no more than thirteen calendar months, provided that (i) such pre- approved sublease form (with commercially reasonable modifications, if desired by Lessee) is used, and (ii) Lessee shall provide Lessor written notification of the names of all sublessees entering into such subleases and a copy of all fully-executed subleases. If Lessee is a corporation, partnership or other type of business entity other than an individual, there shall be no "transfer of the control" (as defined below) of Lessee without prior approval of Lessor, which approval shall not be umeasonably withheld. As used herein, the phrase "transfer of control" of Lessee shall be deemed to occur when the owner(s) of more than fifty percent (50%) of the ownership interest in Lessee transfer in any transaction, other than between themselves and/or affiliates, their immediate families or their heirs, such ownership interest to another person, firm, partnership, corporation or business entity. Urness expressly permitted by this Lease, any attempt to affect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. Lessor shall provide to all sublessees a subordination non-disturbance agreement in form reasonably requested by such sublessee or Lessee. 20. NOTICES. All notices required by law and by this Lease to be given by 32 one party to the other shall be in writing, and the same shall be sent by hand delivery, or by certified or registered mail, return receipt requested, or by overnight courier, to: Lessor: Board of County Commissioners 2300 Virginia A venue Administration Annex Fort Pierce, Florida 34982 With copies to: St. Lucie County Administrator 2300 Virginia A venue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Lessee: Mobarak Aircraft, L.L.c. c/o Martin Mobarak 3804 S1. Lucie Boulevard Fort Pierce, Florida 34946 or to such other address(es) as Lessor or Lessee may designate by writing to the other. All notices, consents or communications required or permitted to be given under this Lease shall be in writing and shall be deemed to have been properly given and received (i) if sent by hand delivery, then upon delivery, (ii) if sent by United States certified or registered mail, return receipt requested, then three (3) business days after mailing from within the United States by first class United States mail, postage prepaid, and (iii) if sent by a nationally recognized overnight courier, then one (1) Business Day after being delivered to such overnight courier. 21. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this Lease shall be held invalid for any reason, the remainder of this Lease shall not be affected, provided that such invalidity does not materially prejudice either Lessor 33 or Lessee under the remaining parts of this Lease. Whenever the words "include," "includes" or "including" are used in this Lease, they shall be deemed to be followed by the words "without limitation. " 22. LEASE NOT EXCLUSIVE. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this Lease are non-exclusive and the Lessor herein reserves the right to grant similar privileges to another lessee or other lessees on other parts of the Airport. 23. NONDISCRIMINATION. Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Premises, (2) that in the construction of any improvements on, over or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that Lessee shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. Subject to the notice and cure rights provided in Section 16 of this Lease and to the provisions of Title 49, Code of Federal Regulations, Part 21, in the event of breach of 34 any of the above nondiscrimination covenants, Lcssor shall have the right to terminate this Lease and to re-enter and as if said Lease had never been made or issued; and, notwithstanding anything to the contrary contained in this Lease, this provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 shall have been followed and completed, including exercise or expiration of appeal rights. 24. SUBROGATION. Provided that a default shall have occurred hereunder by Lessee, and provided further, that all notice and cure periods shall have expired, then Lessor shall have the option, without waiving or impairing any of its rights, to pay any reasonable sum or perform any act required of Lessee, and the reasonable, out-of- pocket costs of any such payment and/or performance, together with interest, shall be secured by this Lease, and shall be promptly due and payable to Lessor. 25. STANDARD PROTECTION CLAUSES. It shall be a condition of this Lease, that the Lessor reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on , taking off from or operating on the Airport. Lessee expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Premises to such a height so as to comply with Federal Aviation Regulations, Part 77. Lessee expressly agrees for itself, its successors and assigns, to the extent known to Lessee and within Lessee's control, to prevent any use of the Premises which would 35 materially interfere with or materially adversely affect the operation or maintenance of the Airport, or otherwise constitute an Airport hazard. 26. INTEREST. All delinquent payments to Lessor shall bear interest at the rate equivalent to the periodic composite of current annual interest rates on five (5) year United States Government agency issues in effect as of the date of delinquency, but not less than ten percent (10%) per annum. Such interest shall be calculated from the due date after the expiration of any applicable grace period to the date of payment, on a daily basis, and will be due and payable when billed. 27 . NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this Lease in anyone or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the Premises or of the remainder of the Term shall be valid unless accepted by Lessor in writing. Lessor shall use commercially reasonable efforts to relet the Premises in the event of an abandonment or surrender or attempted abandonment or attempted surrender of the Premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the Premises, which abandonment continues for thirty (30) days following written notice from Lessor, then . Lessor shall have the right to retake possession of the Premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender (it being agreed that all reasonable closures for construction, renovation or in connection with force majeure or the sale of Lessee's business, shall not be deemed "abandonment" or "surrender", and that this provision shall not be deemed a 36 continuous operation obligation). 28. REMOVAL OF LESSEE'S PROPERTY BY LESSOR. If, under the terms of this Lease, Lessee is entitled to remove its property from the Premises, but shall fail to do so on or before the termination or expiration of the Term or on or before the termination or expiration of this Lease for any other cause specified herein (except that with respect to removal of tanks, on or before the end of the applicable period specified in Section 17 for such removal), then Lessor may remove such property and retain the same in its possession, and may sell the same at public auction, the proceeds of which shall be applied first to the actual, out-of-pocket expenses of such removal and storage and sale, and the balance paid to Lessee upon the demand of Lessee, providing that the proceeds of such sale exceed the expenses of such removal, storage and sale. 29. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Premises throughout the Term without interference, hindrance or molestation. Wherever this Lease requires Lessor's consent or approval, such consent or approval shall not be unreasonably withheld, conditioned or delayed. 30. RIGHT TO RECORD. Lessee shall have the right at its expense, to record this Lease (or any amendment hereto) or a memorandum of this Lease (or any amendment hereto), in the Public Records of St. Lucie County, Florida. Simultaneously with the execution of this Lease and any amendment to this Lease, and within two (2) business days after any request(s), Lessor shall execute a memorandum of Lease (or any amendment thereto) in recordable form and in form reasonably requested by Lessee. 37 31. DATE OF THIS LEASE. Any reference in this Lease to the words "date of this Lease" shall be deemed to be the date this Lease is executed by the party last executing same and delivered to all parties, and fully effective. 32. ENTIRE AGREEMENT; VENUE. This Lease constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Lease may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Lease shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Lease and this Lease shall be interpreted in favor of this Lease. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Lease, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 33. MEDIATION. In the event of a dispute between the parties in connection with this Lease, the parties shall have the right (but not the obligation) to agree in writing (signed by both parties) to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit, which mediator shall be mutually acceptable to the parties. 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. 38 34. ENVIRONMENTAL COMPLIANCE: ENVIRONMENTAL CONTAINMENT AND REMOVAL. (a) Lessee acknowledges and agrees that Lessor makes no representations or warranties whatsoever as to whether any pollutant, or hydrocarbon contamination, hazardous materials, petroleum, fuel, or other contaminates or regulated materials (collectively, "Regulated Materials") exist on or in the Premises or the improvements that would constitute a violation of any federal, state, county or local law, rule, or regulation or in violation of directive of any federal, state or local court or entity with jurisdiction of such matter. Lessor agrees to provide to Lessee all information in Lessor's possession, custody or control (or that comes into its possession, custody or control during the Term of this Lease) regarding environmental conditions at the Premises and the Airport. Lessor and Lessee hereby acknowledge that they have received copies of the Site Assessments relating to the Premises which are listed on Exhibit "D" attached hereto and hereby made a part hereof. Notwithstanding any other provision of this Lease to the contrary, the presence of, and/or any required remediation, testing monitoring, or reporting in connection with, Regulated Materials on, under, at or in the Premises or improvements (i) which were present or existing on or prior to the date (the "Environmental Trigger Date") which shall be· the later of (x) .the Effective Date of this Lease and (y) the date the Lessee assumed possession of the entire Premises, or (ii) which become present on the Premises as a result of actions or inactions of Lessor and/or any Lessor Parties, shall be the sole obligation, responsibility and liability of the Lessor. Lessor hereby agrees, subject to the provisions of Florida Statutes §768.28, to indemnify, defend and hold Lessee harmless and to accept full responsibility and liability, for the cost of cleanup and for any penalties or fines imposed as a result of the existence of 39 Regulated Materials or of a violation of any federal, state, county, or local law, rule, or regulation, or of any order or directive of any federal, state, or local Court or entity with jurisdiction of such matter, if such Regulated Materials or violation existed on or prior to the Environmental Trigger Date or became present on the Premises after the Environmental Trigger Date as a result of actions or inactions of Lessor and/or any Lessor Parties. Lessee is responsible for all cost of cleanup and for any fines as a result of any activity on the Premises by or on behalf of Lessee from the Environmental Trigger Date until termination of the Lease. (b) Lessee shall, within a reasonable time, and upon written request from the Airport Director, provide the Airport Director with a list of all Regulated Materials, which Lessee stores or uses on the Premises while Lessee is in possession of such Premises. (c) Lessee agrees to comply with all existing and future applicable federal, state, local and County environmental laws, ordinances and regulations, and the requirements of any Development Order covering the Airport, issued to St. Lucie County pursuant to Chapter 380, Florida Statutes, including without limitation those addressing the following: (i) Proper use, storage, treatment and disposal of Regulated Materials, including contracting with a licensed hazardous waste transporter and/or treatment and disposal facility to assume proper transport and disposal of hazardous waste and other Regulated Materials; (ii) proper control, disposal and treatment of storm water runoff if generated on Premises, including the construction and installation of adequate pre- 40 treatment devices or mechanisms on the Premises, if required for the operation of the Premises by Lessee, provided however that the provisions of this clause 34( c )(ii) shall not limit in any way Lessor's obligations and responsibilities pursuant to Section 34( d) of this Lease; (iii) Adequate inspection, licensing, insurance, and registration of existing and future storage tanks, storage systems, and ancillary facilities to meet all applicable County, local, state and federal standards, including the installation and operation of any required monitoring devices and leak detection systems; and (iv) Adequate facilities on the Premises for management, and, as necessary, pretreatment of industrial waste, industrial wastewater, and Regulated Materials and the proper disposal thereof; and (d) Any modifications to the Premises, including, but not limited to, installation of adequate pretreatment devices or mechanisms necessary to comply with all existing County, local, state, and federal standards related to the Lessee's operations shall be at the sole expense of Lessee. Any modifications to any common systems (including, without limitation, the stormwater treatment system) for the Airport shall be the responsibility of the Lessor, provided however Lessor shall take such actions as shall be necessary to insure that such modifications shall not adversely affect Lessee, the Premises and/or Lessee's operations at the Premises. (e) The release by Lessee of any Regulated Materials on the Premises, or as a result of Lessee's operations at the Airport, that is in an amount that is in violation of any applicable federal, state, County or local law, rule or regulation or in violations of any order or directive of any federal, state, or local court of government authority, by Lessee, 41 or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee of its sublessees, shall be, at the Lessee's expense, and upon demand of County or any of its agencies or any local, state, or federal regulatory agency, immediately contained or removed to meet the requirements of applicable environmental laws, rules and regulations. If the Lessee does not take action immediately to have such Regulated Materials contained, removed and abated, the County or any of its agencies may upon reasonable notice to Lessee (which notice shall be written unless an emergency situation' exists) undertake the removal or containment of all Regulated Materials, which removal or containment shall be at Lessee's cost; however, any such action by the County or any of its agencies shall not relieve the Lessee of its obligations under this or any other provision of this Lease or as imposed by law. No action taken by either the Lessee or the County to contain or remove Regulated Materials, or to abate a release, whether such action is taken voluntarily or not, shall be construed as an admission of liability as to the source of or the person who caused the pollution or its release. As used in this Lease, Lessee's operations and Lessee's actions and words of similar import, shall include all actions and inaction by Lessee, by its sublessees, or by any of their officers, employees, contractors, subcontractors, invitees, or agents. (f) As required by applicable environmental laws and regulations, Lessee shall provide the federal, state, County and Local required regulatory agencies with notice of spills, releases, leaks or discharges (collectively, "Release") of Regulated Materials by Lessee on the Premises or on the Airport property which exceeds an amount required to be reported to any local, County, state, or federal regulatory agency under applicable environmental laws, rules and regulations. Lessee shall further provide the 42 Airport Director with written notice within one (1) business day following commencement of same, of the curative measures, remediation efforts and/or monitoring activities to be effected on the Premises. Lessee shall have an updated contingency plan in effect relating to such Releases which provide minimum standards and procedures for storage of Regulated Materials, prevention and containment of spills and Releases, and transfer and disposal of Regulated Materials. The contingency plan shall describe design features, response actions, and procedures to be followed in case of Releases or other accidents involving Regulated Materials. Lessee agrees to permit entry at all reasonable times and after reasonable written notice of inspectors of the County and of other regulatory authorities with jurisdiction. (g) The Airport Director, upon reasonable written notice to Lessee, shall have the right to inspect all non-privileged documents relating to the environmental condition of the Premises, which may include without limitation, the Release of any Regulated Materials at the Premises, or any curative, remediation, or monitoring efforts, and any documents required to be maintained by Lessee under applicable environmental laws, rules and regulations pertaining to the Airport including, but not limited to manifests evidencing proper transportation and disposal of Regulated Materials, environmental site assessments, and sampling and test results. Lessee agrees to allow inspection of the Premises by appropriate federal, state, County, and local agency personnel in accordance with applicable environmental laws, rules and regulations and as required by any development order issued to the County pertaining to the Airport, pursuant to Chapter 380, Florida Statutes. (h) If the County arranges for the removal of any Regulated Materials on the 43 Premises that were caused by the Lessee, or any of its sub lessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or its sublessees, all reasonable, out-of-pocket costs of such removal incurred by the County shall be paid by the Lessee to the County within ten (10) calendar days of County's written demand, with interest at the rate of eighteen percent (18%) per annum thereafter accruing, provided that Lessee has been provided with written notice of the existence of such Regulated Materials and a reasonable opportunity of not less than ten (10) business days to remove such Regulated Materials on its own. (i) Lessee shall not be liable for the Release of any Regulated Materials caused by anyone other than Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or any of its sublessees. Nothing herein shall relieve Lessee of its general duty to cooperate with the County ascertaining the source and, containing, removing and abating any Regulated Materials Released on the Premises. The Airport Director and Lessor shall cooperate with the Lessee with respect to Lessee's obligations pursuant to these provisions, including making public records available to Lessee in accordance with Florida Law; provided, however, nothing herein shall be deemed to relieve Lessee of its obligations hereunder or to create any affirmative duty of County to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with County codes, ordinances, rules and regulations, development orders and grant agreements. The Airport Director and its employees, contractors, subcontractors, and agents, upon reasonable written notice to Lessee, and the federal, state, local and other County agencies, and their employees, contractors, and 44 agents, at times in accordance with applicable laws, rules and regulations, shall have the right to enter the Premises for the purposes of the foregoing activities and conducting such environmental assessments (testing or sampling), inspections and audits as it deems appropriate. (j) In the event Lessor shall arrange for the removal of Materials on the Premises that are not the responsibility of the Lessee to correct, and if any such clean-up activities by Lessor shall prevent Lessee from using the Premises for the purposes intended, the rent and other charges hereunder shall be abated, from the date that the use of the Premises for its intended purposes is precluded and until the Premises again become available for the Lessee's use. Lessor shall use reasonable efforts to not disrupt Lessee's business, however, in no event shall Lessee be entitled to any amount on account or lost profits, lost rentals, or other damages as a result of Lessor's clean-up activities. 35. LEASEHOLD MORTGAGEE. (a) Notwithstanding anything in this Lease to the contrary, Lessor and Lessee agree as follows: (1) Lessee shall have the right, at any time and from time to time, to (i) execute and deliver one or more mortgages or deeds of trust encumbering this Lease (each, a "Leasehold Mortgage"; and the holder of any Leasehold Mortgage being referred to herein as a "Leasehold Mortgagee") and (ii) assign (absolutely or collaterally) this Lease and any or all of Lessee's rights under this Lease to any Leasehold Mortgagee. If there is more than one Leasehold Mortgagee at any particular time, then each Leasehold Mortgagee will be entitled to the rights in 45 favor of Leasehold Mortgagees contained herein, provided, however, if the provision of such rights to two Leasehold Mortgagees is not possible, then such rights shall be granted only to the more senior Leasehold Mortgagee (the "Senior Leasehold Mortgagee"). For the avoidance of doubt, it is acknowledged and agreed that (i) nothing contained in this Lease shall operate to prevent Lessee from obtaining so-called "mezzanine financing", provided that same does not constitute a direct encumbrance on Lessee's Leasehold estate and (ii) any such mezzanine financing that would constitute an encumbrance on Lessee's leasehold estate shall be a Leasehold Mortgage pursuant to the provisions of this Section 35. (2) If any Leasehold Mortgagee requires any reasonable modification to this Lease, Lessor shall promptly execute and deliver to Lessee an instrument effecting such modification, provided that any such modification does not modify any of the economic terms of this Lease and does not otherwise materially adversely affect Lessor's rights or obligations hereunder. (3) Upon the request by any Leasehold Mortgagee, Lessor shall deliver such reasonable documents and agreements as shall be requested by Lessee or such Leasehold Mortgagee to confirm any matter relevant to this Lease, including an estoppel certificate relating to the status of rent and other payments and the performance by Lessee of its obligations hereunder and such other information as such Leasehold Mortgagee shall reasonably request. (4) No Leasehold Mortgagee shall have any liability under this Lease unless and until such Leasehold Mortgagee (or its designee) actually becomes the owner of Lessee's leasehold estate through foreclosure or the exercise of its 46 remedies under the Leasehold Mortgage and, thereafter, such Leasehold Mortgagee (or its designee) shall remain liable for such obligations only so long as it remains the owner of Lessee's leasehold estate. (5) For the avoidance of doubt, Lessor acknowledges and agrees that (i) Lessee's default as mortgagor under a Leasehold Mortgage shall not, in and of itself, constitute a default under this Lease and (ii) any exercise of remedies under a Leasehold Mortgage (including foreclosure by the applicable Leasehold Mortgagee (or its designee)) shall not require Lessor's consent or constitute a default under this Lease. (6) If the Leasehold Mortgagee or its designee (each, a "Successor Lessee") acquires Lessee's interest in this Lease through the exercise of remedies or enters into a New Lease (as hereinafter defined), then (i) Lessor shall recognize such Successor Lessee as Lessee under this Lease, or under the New Lease, as applicable, (ii) any defaults under this Lease specific to Lessee or of a nature that they cannot be cured by the Successor Lessee (such as the bankruptcy of Lessee) (collectively, the "Lessee-Specific Defaults") shall no longer be defaults under this Lease, and (iii) the Successor Lessee shall not be bound by any "Modification" (as hereinafter defined) made at any time to this Lease or the New Lease without such Leasehold Mortgagee's prior written consent to any such Modifications. (7) If the Lessee grants a Leasehold Mortgage, Lessor agrees to execute a subordination agreement with the Leasehold Mortgagee pursuant to which Lessor subordinates any statutory or common law lien Lessor may have on 47 the personal property of Lessee or on improvements Lessee constructs on the Premises, provided, however, that Lessor shall not subordinate any rights which Lessor may have upon the expiration or termination of this Lease to the improvements constructed on the Premises. (b) Notwithstanding anything to the contrary in this Lease, if Lessee enters into any Leasehold Mortgage, and the Leasehold Mortgagee or Lessee has given Lessor notice thereof and of Leasehold Mortgagee's address for notices, then: (1) Neither Lessor nor Lessee shall make, and Lessor and Lessee shall not agree to, any modification, or any cancellation, termination or surrender of this Lease, or waiver of any rights under this Lease (any of the foregoing being referred to as a "Modification"), without such Leasehold Mortgagee's prior written consent. Any such Modification made or entered into without such Leasehold Mortgagee's prior written consent shall not be effective and shall not bind such Leasehold Mortgagee or any Successor Lessee. (2) Wherever this Lease allows Lessee to initiate any claims against Lessor, such Leasehold Mortgagee may exercise such right in Lessee's name. Promptly after either (i) Lessor becomes aware of any such claim or (ii) the initiation of a proceeding to resolve any dispute hereunder, Lessor shall so notify such Leasehold Mortgagee and, in such event, such Leasehold Mortgagee may participate in such proceeding and/or the resolution of any such claim. (3) Lessor shall give a copy to such Leasehold Mortgagee (by a means permitted by this Lease) of: (i) any notice under this Lease given to Lessee (simultaneously with delivery to Lessee), and (ii) any notice received by Lessor 48 from any legal authority or insurance carrier relating to the Premises (within two (2) days after Lessor's receipt of same). (4) Any Leasehold Mortgagee may at any time exercise any or all rights or remedies of Lessee under this Lease, induding Lessee's renewal rights, if any, and rights to give any notices under this Lease. (5) If a default hereunder occurs and Lessee does not cure it within the cure period under this Lease, then Lessor shall promptly give such Leasehold Mortgagee notice thereof (the "Cure Expiration Notice"), in which event such Leasehold Mortgagee shall have an additional time period to cure such default as follows: (i) in the case of a monetary default, an additional forty-five (45) days beyond the date upon which such Leasehold Mortgagee shall have received the Cure Expiration Notice and (ii) in the case of a non-monetary default, an additional ninety (90) days beyond the date upon which such Leasehold Mortgagee shall have received the Cure Expiration Notice, except that if such non-monetary default is of a nature that it cannot be cured within such time, then such additional time as is necessary to remedy same (provided that Leasehold Mortgagee is using diligent efforts to remedy same). Without limitation of the foregoing, Lessor (x) acknowledges that some defaults by Lessee are not susceptible of cure by such Leasehold Mortgagee unless and until such Leasehold Mortgagee obtains possession of the Premises and such obtaining of possession may be delayed by Lessee's actions, induding delayed by Lessee filing for bankruptcy and (y) agrees that such Leasehold Mortgagee's prosecution of 49 diligent efforts to obtain such possession shall be deemed to be included within such Leasehold Mortgagee's time to cure in clause (ii) above. (6) Lessor and Lessee authorize such Leasehold Mortgagee to enter the Premises, and take any actions, as reasonably necessary to cure any defaults. (c) Notwithstanding anything in this Lease to the contrary, Lessor and Lessee agree as follows: (l) If this Lease shall have been terminated for any reason whatsoever or if it is rejected by Lessee or a trustee in any bankruptcy proceeding, then (in addition to any other notice that Lessor is required to give) Lessor shall, within ten (10) business days of the date that Lessor receives notice of same, notify each Leasehold Mortgagee. Such notice shall describe the basis upon which this Lease was terminated (or rejected) and describe all uncured defaults in reasonable detail. Upon a Leasehold Mortgagee's request (the "New Lease Request") given within ninety (90) days (the "90-Days Period") following receipt of Lessor's notice advising of the termination of this Lease, Lessor shall enter into a new lease for the balance of the term hereof and upon all of the same terms and conditions of this Lease and in the same form as this Lease (a "New Lease") with Successor Lessee and such New Lease shall have the same priority as the terminated lease, provided that after the effectiveness of such New Lease, the Successor Lessee shall cure any defaults which are not Lessee-Specific Defaults. (2) On the commencement of the term of the New Lease, Lessor shall assign and convey without recourse to the Successor Lessee, Lessor's interest in all: (i) moneys (including insurance and condemnation proceeds), if any, then 50 condemnation proceeds. Lessor and Lessee hereby acknowledge and agree that as of the date hereof, Lessor does not have the right to encumber Lessor's fee interest in the Premises with a mortgage. (2) Upon request, each Leasehold Mortgagee shall be named as an "Additional Insured" on Lessee's insurance policies, and in the event of any casualty affecting all or any portion of the improvements on the Premises: (i) the Senior Leasehold Mortgagee shall be entitled to participate in the adjustment of losses with the insurance company, (ii) all insurance proceeds otherwise payable to Lessee or Lessor or both shall be distributed to the Senior Leasehold Mortgagee, and (iii) the Senior Leasehold Mortgagee may determine, in its sole discretion, to apply any insurance proceeds to the payment of the indebtedness outstanding under such Leasehold Mortgage, to disburse them for restoration and/or repair, or to otherwise disburse them to Lessee to be used as Lessee determines. If there are proceeds remaining after disbursement to the Senior Leasehold Mortgagee as hereinabove provided, same shall be disbursed to any second priority Leasehold Mortgagees as hereinabove provided before any distribution thereof is required to be made to Lessee. (3) In the event of any condemnation affecting all or any portion of the Premises: (i) each Leasehold Mortgagee shall have the right to intervene and be made a party to any such condemnation proceedings, (ii) Lessee's interest in any award or damages for such taking is hereby set over, transferred and assigned by Lessee to each Leasehold Mortgagee (in the priority of their respective Leasehold Mortgages), and (iii) the Senior Leasehold Mortgagee may determine, in its sole 52 discretion, to apply any condemnation awards to the payment of the indebtedness outstanding under such Leasehold Mortgage, to disburse them for restoration and/or repair, or to otherwise disburse them to Lessee to be used as Lessee determines. If there are proceeds remaining after disbursement to the Senior Leasehold Mortgagee as hereinabove provided, same shall be disbursed to any second priority Leasehold Mortgagees as hereinabove provided before any distribution thereof is required to be made to Lessee. (e) There shall be no merger of the leasehold estate created hereby with the fee or any other estate or interest in the Premises, or any part thereof, by reason of the fact that the same person may acquire, own or hold the leasehold estate and the fee or any other estate or interest. (f) Each loan and the loan documents pertaining thereto may, from time to time, be extended, modified, renewed, refinanced, cross-collateralized, consolidated, securitized, participated, amended and restated, in the Leasehold Mortgagee's sole discretion and without Lessor's consent. (g) If a Successor Lessee, directly or indirectly takes title to any of the Premises, or if a New Lease is entered into pursuant to Section 35(c), above, the Successor Lessee shall itself perform any or all of the services required or permitted under this Lease, or it may do so by contracting with, or subletting the Premises to, a third party (including a fixed base operator), to provide such services. The provisions of this Section shall survive the expiration or other termination of this Lease. 53 36. TITLE. Notwithstanding any other provision of this Lease to the contrary, Lessor hereby acknowledges, agrees, represents and covenants that until the due recording of both ( a) either this Lease or a notice or memorandum of this Lease, and (b) an assignment of this Lease to Treasure Coast Aircraft Management, LLC (collectively, the "Recording"), Lessee's interest under this Lease shall remain subject only to the liens, encwnbrances and state of facts with respect to this Lease and the Premises that exist as of r 1, 2008. 37. NONDISCRIMINATION PROTECTION. Lessor shall properly maintain, operate and manage the Airport (including all systems) at all times in a safe manner, according to generally accepted good practices in the State of Florida for airports of similar size and character. In no event shall the services provided by Lessor hereunder be less than those provided to any other tenants, occupants and/or fIxed base operators operating at the Airport or any other airport owned or operated by Lessor. Lessor shall not make arrangements (including with respect to fees, rent and/or other charges) with any other person or party, unless such other or future agreement for the same operation(s) or substance shall be on terms or conditions no more favorable than those granted to Lessee under this Lease. 38. NOTICE OF ANY FUTURE "REQUEST FOR PROPOSALS". Lessor shall provide at least three (3) months' prior written notice to Lessee, in each instance where Lessor intends to issue a Request for Proposal for the development of other land at the Airport. Prior to the issuance of any future Request for Proposal, Lessor shall hold an informational meeting with the tenants of the Airport at such time and the public to discuss the impact of any such contemplated Request for Proposal. 54 39. ESTOPPEL CERTIFICATES. Lessor and Lessee agree, that upon the request of the other, it shall deliver an estoppel certificate to the requesting party confirming whether or not this Lease has been amended, whether or not either party is in default hereunder, the status of rent and other payments due hereunder, and such other information as the requesting party shall reasonably request. 40. RENT ABATEMENT. If Lessee, through no fault of its own, suffers loss: (i) by being prevented from using the public portion and public facilities of the Airport (for any reason other than an act of God); or (ii) because any governmental agency through its sovereign power, stops, suspends or seriously limits the Lessee's use of the public portion and public facilities of the Airport (excluding, however, any condemnation, the terms of which are addressed in Section 14 hereof) (either of the conditions described in clauses (i) and (ii) above, is herein collectively referred to as a "Suspension"), then (a) if the Suspension occurs for a period of more than fourteen (14) (or, in the case of a "Runway Rehabilitation" (defined below), thirty (30) consecutive days, Annual Rent (and all other charges under this Lease) shall abate from and after the fifteenth (15lh) day (or, in the case of a Runway Rehabilitation, the thirty- first (31st) day) of any such Suspension, until such time as Lessee shall have the right f to use all such public portions and public facilities of the Airport, and (b) notwithstanding the foregoing clause (a), if the Suspension occurs (I) for any thirty (30) I , \ days (whether or not consecutive) during any consecutive twelve (12) calendar month period (each such period, an "Abatement Year") during which a Runway Rehabilitation has not occurred, then from and after the thirty-first (31 Sl) day of Suspension during the applicable Abatement Year (without regard for whether any of the prior thirty (30) days 55 of Suspension were consecutive), Annual Rent (and all other charges under this Lease) shall abate as to each day of Suspension thereafter during such applicable Abatement Year (whether or not such Suspension is part of a consecutive 14-day period, or in the case of a Runway Rehabilitation, a consecutive 30-day period), and (II) for any forty- five (45) days (whether or not consecutive) during any Abatement Year during which a Runway Rehabilitation has occurred, then from and after the forty-sixth (46th) day of Suspension during the applicable Abatement Year (without regard for whether any of the prior forty-five (45) days of Suspension were consecutive), Annual Rent (and all other charges under this Lease) shall abate as to each day of Suspension thereafter during such applicable Abatement Year (whether or not such Suspension is part of a consecutive 14-day period, or in the case of a Runway Rehabilitation, a consecutive 30- day period). If any Suspension shall continue for more than three hundred sixty five (365) days, then in addition to any and all other rights and remedies set forth in this Lease, Lessee shall have the option to terminate this Lease, in which event all rent and fees or any other monies payable by Lessee under this Lease shall be apportioned to the date of termination and the parties shall have no further obligation to each other hereunder, except for any obligations which have accrued or which are expressly stated herein to survive the termination of this Lease. As used herein, the term "Runway Rehabilitation" means any total rehabilitation overlay of Runway 9/27. Lessor agrees to cause any Runway Rehabilitation to be performed in an expeditious manner in order to complete such rehabilitation as soon as possible. 41. BROKERAGE. Each party represents and warrants to the other, that no broker, agent or finder (a) negotiated or was instrumental in negotiating or consummating 56 held by, or payable to, Lessor that Lessee or Leasehold Mortgagee would have been entitled to receive but for the termination, (ii) leases (including any leases that were formerly subleases arising from the terminated Lease), which leases, upon such assignment by Lessor to Successor Lessee, shall become subleases, (iii) security and/or other deposits of subtenants, and (iv) all improvements. (3) Between the date of the termination of this Lease and the earlier of the commencement of a New Lease or the expiration of the 90-Days Period without the delivery of a New Lease Request: (i) any subleases shall temporarily be in the nature of direct leases between Lessor and the former subtenant; (ii) Lessor shall not cancel any such direct lease or sublease; and (iii) Lessor shall not enter into any new lease of the Premises or any portion thereof. (4) All rights of any Leasehold Mortgagee, and obligations of Lessor, regarding a New Lease shall survive termination (or rejection in bankruptcy) of this Lease. (d) Notwithstanding anything in this Lease to the contrary, Lessor and Lessee agree as follows: (1) Notwithstanding anything to the contrary in any mortgage encumbering Lessor's fee interest, any such fee mortgage is subject and subordinate to this Lease and any amendment, renewal or modification of this Lease and any Leasehold Mortgage. Without limitation of the foregoing, for so long as there is a Leasehold Mortgage in effect at the time of a casualty and/or condemnation event, then no mortgagee under any mortgage encumbering Lessor's fee interest shall have any right to receive any msurance or 51 this Lease on its behalf, and (b) is or might be entitled to a commission or compensation in connection with this Lease. Each party indemnifies and holds harmless the other from and against any losses, costs, expenses and liabilities (including reasonable attorneys' fees and enforcement costs) arising out of the falsity of its respective representation contained in this Section. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. 42. "REQUEST FOR PROPOSAL". (a) Lessor hereby represents that as of the date hereof, there have been no bid protests filed in relation to Request for Proposal #07 -100, and the time period within which to file any such protest has lapsed. (b) Lessor hereby represents that as of the date hereof, there have been no bid protests filed in relation to Request for Proposal #03-077, and the time period within which to file any such protest has lapsed. 43. SCRUBJA Y MITIGATION AREA. Lessor hereby represents that Lessor has created a wildlife/wildlife habitat conservation/mitigation area (the "Mitigation Area") in certain lands located at the Airport and more fully described in Exhibit "C" attached hereto and hereby made a part hereof. Lessee shall be permitted (but not required) to use the Mitigation Area for any scrubjay or other wildlife mitigation in connection with the development of the Project and/or use of the Premises, provided that Lessee shall pay to Lessor a one time fee for such use based on the fair market value of mitigation credits used. Lessee's use of the Mitigation Area is subject to (a) the availability of land in the Mitigation Area for such use and (b) Lessee obtaining all applicable governmental reviews, approvals and permits (including without limitation 57 any approvals required by the U.S. Fish and Wildlife Service and the Florida Department of Environmental Protection). 44. FUEL FLOWAGE FEE. Lessee agrees to pay a fuel flowage fee of $.0518 per gallon on all gasoline, oil, or other fuel delivered to the Premises. Lessee agrees to supply Lessor with certified copies of receipts from fuel supply companies and to remit the applicable amount no later than the tenth (1oth) day of the following month. Such fuel flowage fee shall be adjusted annually after the first anniversary date of this Lease using the method based upon the annual consumer price index set forth in this Lease. In no event shall the fee be less than $.0455 per gallon. 58 IN WITNESS WHEREOF, Lessee has executed this Lease on this day of ,2008. LESSEE ATTEST: MOBARAK AIRCRAFT, L.L.C., a Florida limited liability company BY: Name: Title: Name: Title: Name: Title: STATE OF ) ) ss ) COUNTY OF BEFORE ME, the undersigned authority, personally appeared , being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this day of ,2008. Notary Public State of My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: 59 IN WITNESS WHEREOF, Lessor has executed this Lease on this _ day of ,2008. ATTEST: Name: Title: Name: Title: STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Name: Title: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: Name: Title: COUNTY ATTORNEY ) ss BEFORE ME, the undersigned authority, personally appeared JOSEPH SMITH, chairman of the 51. Lucie County Board of County Commissioners, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed on this _ day of ,2008. My Commission Expires: Notary Public State of Florida (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: 60 EXHIBIT" A" LEGAL DESCRIPTION OF PREMISES EXHIBIT "B" SCHEDULE OF INSURANCE EXHIBIT "C" MITIGATION AREA EXHIBIT "D" SITE ASSESSMENTS 61 EXHIBIT" A" LEGAL DESCRIPTION OF PREMISES PARCEL 3: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY SECONDARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT AZ MK 1989"; THENCE, BEARING NORTH 44°04'24" WEST, A DISTANCE OF 1,251.09 FEET TO A POINT; THENCE, BEARING NORTH 45°55'36" EAST, A DISTANCE OF 280.17 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 44°48'17" WEST, A DISTANCE OF 523.90 FEET TO A POINT; THENCE, BEARING NORTH 00°11'18" EAST, A DISTANCE OF 7.07 FEET TO A POINT; THENCE, BEARING NORTH 45°10'53" EAST, A DISTANCE OF 507.15 FEET TO A POINT; THENCE, BEARING SOUTH 44°48'17" EAST, A DISTANCE OF 1,026.45 FEET TO A POINT; THENCE, BEARING NORTH 84°51'00" WEST, A DISTANCE OF 155.16 FEET TO A POINT; THENCE, BEARING SOUTH 45°00'00" WEST, A DISTANCE OF 332.03 FEET TO A POINT; THENCE, BEARING NORTH 89°53'37" WEST, A DISTANCE OF 14.17 FEET TO A POINT; THENCE, BEARING NORTH 44°47'15" WEST, A DISTANCE OF 275.74 FEET TO A POINT; THENCE BEARING NORTH 64°08'30" WEST, A DISTANCE OF 99.66 FEET TO A POINT; THENCE BEARING SOUTH 45°11'43" WEST, A DISTANCE OF 37.35 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 445,832 SQUARE FEET OR 10.24 ACRES, MORE OR LESS. PARCEL 4: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989" WITH A NORTHING COORDINATE OF 1,149,614.19 FEET AND AN EASTING COORDINATE OF 860,928.84 FEET, BASED ON THE NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT; THENCE S44°04'23"E, A DISTANCE OF 1404.83 FEET TO A POINT ON THE CENTERLINE OF TAXIWAY ECHO; THENCE ALONG SAID CENTERLINE N45°12'S5"E, A DISTANCE OF 784.44 FEET; THENCE DEPARTING SAID CENTERLINE OF TAXIWAY ECHO S44°47'05"E, A DISTANCE OF 93.00 FEET TO THE POINT OF BEGINNING. THENCE FROM POINT OF BEGINNING N45°12'55"E, A DISTANCE OF 522.43 FEET; THENCE N90000'OO"E, A DISTANCE OF 1348.31 FEET; THENCE SOoo03'16"W, A DISTANCE OF 1445.85 FEET; THENCE N82°18'46"W, A DISTANCE OF 370.71 FEET; THENCE S42°03'18"W, A DISTANCE OF 155.90 FEET; THENCE N44°51'23"W, A DISTANCE OF 955.99 FEET; THENCE S45°11'43"W, A DISTANCE OF 76.98 FEET TO THE NORTHERLY LINE OF PARCEL 3; THENCE N44°48'17"W, ALONG SAID PARCEL 3 NORTH PROPERTY LINE, A DISTANCE OF 733.69 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 1,769,643 SQUARE FEET OR 40.63 ACRES, MORE OR LESS. (f r+ ï I: n roo n o I: ::l - '< :l - ro ., :l III - o :l III » ., "C o ;j ;:H G) i¡ ro ;, ::l ~ ro .., .. ~t ~d ñr ~~ -i.lê õ·~; ::l :¡ ~~ ~.; :3 c :3 en Ei ::l 0- m .., 0- en Ô Ol -- o Ol -- o ..:::J :þ 2 ~ ø-. IT ;::c a~ ¿ 2 ~ ,-8 ffi ~ > .§ g- O- ..., ~'a -n "1:1'" =12: o r:r tT!-O 00" -. --l [!1 ~m·¡,g"".£!, ø 0...... ~)Jo Ql - '" Q z g. Q.iè) ç::G)IC::: a :J .... rn ::0-. G")c~'øC??~ g g g a ~ 0 0 ~ ~ ~n' !p "Cl -0 ..s:. ~ !:: c: > ~ -. .... ""0 "C en :::I üì -=--C/)~ ~ m z G'l I m I . .;0 I ~ I III ¡::: -f ~~<,n m 9' c.n 1':-:' ~ g g ::r ,00 I , Ó g 2 , I':":: ,-, R:: C) 0 I . ~ ~ ~ '1 ~b " . I g 8 I :1' 11=-2 \ I" c> I~ '~en i:>=: m ;ij 2" mOl 0"- ::0 n Z ::\_rD U¡"'E: nOm () z ° 8 -f E:~:Þ "'C CD r m¡;;r- f--~~> :Þ !!! -f r-¡. õ....::¡ z:-'"...o::, g'ê'i .... 0 '.; g 3 o t:r .; - :;' ~-~ '000 0:-', !='.::: D~- o .", _ D~. " -.. 3'. .F I 1 ~ ~ g ~.i.: "¡" ;C,,,-g g' ~I 0 '" - '" "- c ~ ~ -g.__, -0 ·0 :J g g ça , "0 '0 !!:. -' :5 :5 s. --<;¡<;¡ ~' : ,', ~ ~ .ß 1-;,:;- -'/:" i--':'; "8 -8 IIII! !~ tr ,µ, l-- ª. "I '[ ';:;-0 ,I ~ ~ ;::::-F ~ ~ '" ¡;¡ :-l:'§§ .' ;0 rD .c S I ¡¡; c. EXHIBIT "B" INSURANCE REQUIREMENTS :I < 1(') :Þ m ,0 Gl ii1 z ð=:!: :E: a 3! G1 =r C1 m' 3: .¡¡Š' ~s::¡:c:",rn _~ ooçg.:::tI ¡;j<ii<ii;ooD m m ~ ~ cg ~ .'tl::>::>:þcG) ~~;;!!!@m rì tii ñì (Ð !: ~~ ~õOllll:!ro;:ll :¡;:f--I- I- > III n r- r4i't O.E;'.I"'"" -5"....3,"';;: ~OO'lC"'°tJJ ;_:ggS"gr= E!!~~~ :: "= C1 ~ !~ 0 ~ ~ fA ~ ~ >: ~ tP ~ 3" (,o)..!". tfiI-E:R(tJ~~::;-'~ .u;r,~C" g g g g -8 g: g ~ ~ CJl ~,~ g ?g 3~ 8 5" DOOOOOOOOO,(OO_OC1l b -0 a ·0 ·0 ·0 -0 0 '"0 0:::::.·0 0 r+. b ~ o 0 a 0 0 0 0 0 0 0 .z: 0 0 m 0 :(1) 0, 0 0 0 0 0 0 0 0 0 ,,0 0 SU' 0'_. o I- -- " I- .::: ~~~~~~~~ ª-~~ =~~ ~~NW-N--m~~~~~~~o ~ bb~b~bbb~~Nw-=,bmnbr oooooooaoo~O~~.oono_~ ~gg~~~~g~~~~~~~~~-~,~ ooooooooooaoo;n~OO~'!O- o 0 0 0 0 0 0 0 0 0 0 0 Cl :2;" 0 0 ::s' 0, lie ....: I ; - - g~--I Ie 1,1: "\,:1 ,..... p.... I I,. ·b ~Ib . L,\Jt;, I I ' 8 gl'H :5 . I 'I' , C, - " "I, . 0 0" 0 , : I·"., I 0 :5. :5 , II :' I' 1-' 1-1 I ,[ , ""III··" . I ~I:' I·." 1'1 : .... ~, gl . ....1>11 " . " g~_g ,,0 . .1 I ,.11'1 ' ,:",'::" ,,0,,0 ", _0: o ",' I, ", "... 0 0" O[ g ".1 II·· . ". gg g: <;¡ . -I- '- ~:;_:~ ':,: L- g I:,' .... ~ ~ ..... -b4 ~ ~ ~ ~ ':,'.: VJo -VI ob::~:~~o~b~ooo~~~~~_~~l"o gk>;oooooooooog~o~lool.(:o F:' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r: 0 01<' 0 êl~:H¡ObOObbODObbObbIL:-:ool'o ~::::EggggggggggggggFigg g [ [' [ [ [I .... I - -f - ~~:;,:¡~~~~~~~~~_,M M,_: en ;,::,:_UI ~ b!" {; 0, ~·o·; of:A.... -i4 ~ -En::_...¥' -EII-' - ,::" ~,;:::_::goo~ooaoo~~~~~;::;g~ g ro<::COOOOO~Qoooaoo:'-':oo<o ~ 88gggggggggggg gg'g ~ ooooooooooooool'~~ ~1: I I II, '., , I I I I '. ::[1-": I '.1 . '.' .... " . ,I I . 1'1 . I' ' I j . I I , I ø::' a:::; -6.[ =æ. ø::' err .§ .2. -!!. -< Cl= a g e" '0 - o ='" -< e Clè- ~ 0 0" e ~ '0 0 -'" ¡: øm a1! ~ ~ '" D _0 I:.;' s- o ª ~ o ~ ~~I\~i~ ~.~~~~. ~ ~ 3 ê ël ::- fP ~ 'u ;:1' ~~' ~ ~ o ~ o ~ [": \ 'l;;' n n m ::r rn =:r Ql 0 Ol 0 ~: \~ i~: ~ Q :':I Q :=I aI n III n == l'Il ;;;t co I $5,000.000 Each Aircraft $15,000,000 Each Occurrence I ....I.... '" '" oen o c> c> 0 "ob 00 00 .... .... ~ '" '" 0. '", 0 0 0 0 0 0 0 '0 '0 '0 0 0 0 0 0 0 <;¡ <;¡ ~ '" '" '" '" 0 0 0 0 '0 '0 '0 <=> 0 0 <=> 0 <=> '" II> II> " " " 0- 0- 0- -0 -0 -0 !J: ~ !J: -0 -0 .", '" ~ ~ ¡;¡ II> '" 0 0 0 ::> ::> ::> I I~ ~I -0 ~,-_-o , ,tu'.;I: Js ~ ,: J5' '::,',' ":u' 0 0 , 0 00 '" -I .::..::. ,.::. I ... .... .01 o6lt ,.' ~ I::' g g: g 0010: 0 ,': .' ,g.g g:' ~~ ¡,;:, I I I ' I- I I I I : I I I -;c- ?: -E:ß":- -EA 0," c> DOc> DOc> '0 -0 a o 0 c> 00 0...· I 1\ I Fixed Base Operator Aircraft Maintenance Operator Avionics or Instrument Maintenance Operator Aircraft Rental or Flight Training Operator Aircraft Charter or Aircraft Management Operator Aircraft Sales Operator Other Commercial Aeronautical Activities Temporary Specialized Aviation Service Operator Non- Commercial Hangar Operator Non- Commercial Self,Fueling Permittee ..... en :Þ -f :¡;! C) :I: 3: rn z -f » ~ z 3: C 3: z en C ;;0 » z (") rn ;;0 m o S ;;0 m š: rn z -f !E Z :, en "'C ;;0 > Z (") m :D» ~~ C> -0 :D::t mš: Š:m mZ ~-1 !E» en r+ :¡: CJl m m II II s:: CJl § ª' íl> <iÏ :J (I) lO :J 5' <.0 C1l :r !!!, íl> ëì DJ @ ~. ::l> ãì ¡:l> ï t: (") ñï Ç) o t: :J .... '< :J .... () .. :J III .... õ' :::l III » .., 't:l o _;:1. Q CD :::l CD ..... ~ » < iiï e- o :::l --- o OJ -- o OJ -- o 2:! m !::? » :c < ::I c: ::¡' D) C'Ð <Q.O::l::T ::¡'fD-,teñ" o ::l a ll> c ::::I ,.. .... ... ~ ~ ~ ~ ~ ::l Q. Q. <1) r ¡;r ;:0 ." -g iir I'D ~ .., 2: !ir ~ ::: ",- ~ C" <1) <1) r ~ ~ ¡r 0 ~ ¡¡¡. ~ g ~ õ C" r ~ ¡¡¡ ~'~~õ~· c õ;;: S' Ul 0. "",nUl () S' ¡::» rr n 0. c o E en... º' g. 'U 30 .;;: .., rr .g 0 5' 0 ()!:!: ~, º' c;:.;;: ¿. ¡¡; ~ -, 0. r 'U 2. Ql ¡¡¡. a ~ ~ g ~'O 'íÈ~ .3- Cl> - ~ in Q 0 III g ~~' 3 !!!. ¡:: <.0_: 2~ ~ C rr Ql ~ 0 ;:¡ 9, a. Ql .:;::- (1 :J ~ :J a. < -0 ã" a :J '0 3 [\) () ¿. ;:¡ gr g. C'l 3 <iÏ III Ql <.0 :J () .§ êb 5' n ~ C' o c -< Ul 0. .... !ñ 5' Q <.0 ~ II) =ï 0 C'l ~ .... :J II) [\) ;:$ _co ::r § ~ Q ~ Ul _Co Ë Q Co 0 ~ '0 u; ~ DJ ~ õ) 0.. 0.. ãì » ~ ~. CD ã) en ? o ..... ? ëì ãì ¡:l> S" S' o ¡:: 0.. () rr o 9, .;;: :r c' ~ ." .., o '0 Cll ::l. '< 0. Ql , 3 DJ lO .Cll Ql :J 0.. '0 Il) Ul Ul Cl> ;:¡ lO ~ ;:¡ o :J , o ::;; ;:¡ () 0. » =r C'l ã3 ;:$ C ;:¡ 0.. ~ 5' () C'l III .., !Ð C'l <:: (JJ Õ 0.. ':.< g¡ ~ 0. ::T 8 õ' a *" 0_ ~ o Q, ~ 5' íl> () _Co o :J "C 0 () " ãì 0 ?: ~ () _0.. Q .2: C -< III :J C. 'U o '0 Cl> .z 0.. ll) 3 II) lO () Q' O<C1 D()O 5-~3 5' m 3 () en 11l 0..- .. Ch Cl) ~. -,:J Ql :Jc.- '9..0(;) (l) 0 <1) =::l::l 3:::-<1) -. w .., -oQl 'O~- mer ....DJ_ -Ill o = C' n m _. C1 c.r:: C =.::- @~-- :J' 0 n z-' Cll 0 6 (t:Je ..,..Lc- rr õ' () &~rr =cn& '< () -' S' c..;;: c'<S' ,.., ()~. "'" ::T <:: - 1',-< '0 -- ()()'O ..,cnm Ul 0 .... o -0 en ;:¡ () 0 ~_:J 5·~!!t '--. en -. C 0..:J -< 0 c' - :J-< Ql ~- :J :r l\l C.Cll;:¡ -030. ....o"tl 0<.... 'O()o [\)3"0 ~(l)~ C. a. '< Qll\lo.. 3.... l\l III m 3 lODJl\l !Il~l.C =(1) ....õ CIJ .... .ol\l S,= ãì-o 0.... 0(1) < 2. CIJ Ul ....(1) DJen lO - C1J'O :i"a l\lc. :JC o Ql- 3 en o l\l C :J :Jo.. -0 :J 0 03 -'0 ¡õ- C/l~ Ul(1) _c. ::ro l\l-o :J () v..... c.n2a. oõ' 0:J _ooO() °c O;:¡ 0= C'l () :J Ul C1l 0. ~ ::r =;' (l) E- Z en c :;;0 » z o m :;;0» 2l::l C» -Ç) :;;O::r: m~ 3:m mZ ~-1 ~» - j ø , ;'t EXHIBIT "e" MITIGATION AREA SKETCH TO NXOMPAHf LEGAL DESCRIPTION ST. LUCIE AIRPORT SECTIONS 20 &- 29 TCNlNSHIP 34 SOlJTH. RANGE 40 EÞST NOTE, . ,. THIS IS NOT A SÚRVEY. 2. BEARINGS ARE; BASED ON THE NORTH LINE OF SECTION 29. I Cl.. ~ TOWNSI.¡[P 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, ~ FLORIDA. BEARING N89""5'oa·w . 8 ~ >ll. NOIlTH LINE OF THE S 1/2 OF . - C> p; SECTION 20, TCJWNSHlP 34 SOUTH. RANCE 40 EAST~ IS ~¡';J '. - 589"23'08·£ ~ ~ III c:¡ .... . tl\ (..)2 ~. 589°23'08'£ 195UJD' '; ~~Ñe ~..... -Q'g" :r:..... f-f--'::¡¡ ~~ ~~o~ '.I~ l>jll)jfll) SOoo04'16'W 98.53' N1Y"12'4S"£ 69.8'1' N8go45'OS"W 1359.01' so/alZ'2Z.·W /96.54' I'U5°59'17tF:' 11.0.36' 1'106" II 'I O'W 281.68' S81·39'46'W 389.54' d '" ~~ ....~ .....lI)f- ~ IJ V~~ ~/!¡,O "i;z:'" ....\I)llJ f-~f.:) lI)o;:¡:- ï:5,...~ ., .... .... ..,: .... to C\' oð ¡ "4 g lJ1~ -,,0 '",:¡ Â·.... ~m riì ~ g "'a..' :;, Q: ~ . S:,¡" ?; I<i ~ ..... ...\1'JO ;: ~ C:¡ch'''''~~ . <> ffiC\lß;o' ~ 8 .~~;%;:....!'O Ììt II) ~'8:f:!QW~El -: <::) tJiIi~ç::¡ ~ a:~I3lf2~æ§! 1'153· 34'09"W 52.20' llJ . ',1"" ~o t:f..,: .D <::> 0'" ~ ) i '~ .,. ~ ¡;,> "" ~ct '& " I~ q~ ..~ NORTH LINE OF SE:CTION 29, ~ TOWNSHIP 34 SOUTH. RANC£ 40 ëAST ~ S23"22'09'E 57.14' N89"45'OS"W . P.O.B. 513"04'45'£ 101.64' ,;"".frU"t{I·~rI':. ",.::1\,~}~~·~g~/;~"", t '\t:·';·~il-:\~''''.!¡)ó'''''¡.jt...., ; C,j¡¿.<I./,. ·,.,:t;:,'íl~.~r ~ ~ ::.r f.~i.\U .3\H~~I(~. 'i ~ .~ ~'.. ~ .... 11$f;&, " ~ .",1;.. . <'n'f:t)Fi';;'~,§ ~ '('f\ ~ ~ ¡ \:.I...... ~~ ". ,).) ...;: fg' .: ~\:~¿·r:;-:.:·~O:;_~~l~:'~;~>\.~~'/ . ~" I ~.: ~'I 'I' \·~~I''''..'- -fà2' SiJldÍr' ~/"r RtJød "'. '::'. "::.,..,, Orltlndo. Flortdtt 328/0"¡;/01 Tf/'«JllUl-7as C,rflflOtlt, No.l8 24 Dat.. œ/J5/(!l ·Soo/ø. I~ ., '!IOIJ' Job Nil ~ If/A F.B;, 11/11 DrtMß By. ew Ckd. By. ~. Shll,' .........J. o( ---.t I J . ~. ~ ! i ~ .. lEGAL DESCRIPTION TO NXXJIIPANY SKETCH ST. lllCIE AIRPORT SECTIONS 2D & 29 TrNiNSHIP 34 SOllTH. RNlGE 40 EASf LEGAL DESCRIPTION A por'tlon 01' Seci'rons 20 on~ ,29. Town~hlp 3:4 ~outh, RQng~ 40 Eo,st, 'st. Luole çoi:Jni'ý, F'lofdÇl, ·bêlng ,mo/",pClr'flcùlàrly desor'lt)ed,.Qs 'follows, Cormi¡'ncl~ oj: thit..Nort/'{'q~t çorf1~r .ti! ,8,öl,Ç1 Sao;l"lon 2~I,1:her.i,º~ S.?302?'09'E. olon(' tn!! NlIr.::tti Ifne, 0.1' lSQI~ .SI!!Q',tlo[l 29.. for 3r.091~ó.t 1:0 thIS PO·/.I'\1; of Beo(nlng; thence deporting .Ø'Jd:Nor"tl'd~I'l~·'h¡¡'H ·S.~p'..I'2'22·vr. f.or:- 19);!¡~' i;e!l'l' to 0 pøln'l' ana line lying 225 'feet Sooth of QÍd p'brdllel w,lfh sdld NOl"th, nn~ of SòótloJ:l 29, thilnct't N.69"4S'06"W. along solèJporollel line for 1,359;01 feet, thence N.2S"23'30'W. for 249.57 feet to Cl point on aold Nortn 'lImll thenoe conTInue N.2S"23'30·W. for 683.50 'teet¡ thenoe N'.S3°34'09"W. for 52.20 foet, thenoe N.2203B'06"W. f.or ~3.62 feet; thenoe N.26"30'41·W. for 492.83 feet, thence N.I·8°56'31~Y(. for 357..35 foot: thenoe N.I So 12'46'£. far 69.89 fe'ot, thenoeN.O~o 11'1 O·W. for 287.68f8e1'¡ thenoe N.I 5659'I1"E. for 110.31> feet 'thBl'lce N.41"29'09'e:. fÇ.r 299.52 f68't to 0 poInt on 0 Uno lyIng 100 feeT South of' C1nd ,por'ollelwlth the North line ot the South holf of QfOr~50ld Section 201 thenceS.8S623'OU'e;.oJong 8oldporollel line for 1.951.00 feetl thence S.27°31'3S"E. 1'01" 524.65 feet to <I point on the £<151' lIne of "!;lld Se~tlon~9 .t~~nç~ S.O~"94.'1.6~Y(...alºpg s~lI<:! Ec;¡st lIne for .98.53 feet. thep,28 di;PlJrt.inö., 8014 E;i;:/ilf :L·ffl.&' r,:\Jtl ß.Ø7~39'..¡¡1.W,:.fØr.a1l9:5~ fel1'=h 'the[lo.e S~J.7~2,9~.s8'£.. f6r 6~.¡;8 'f.l!let¡ ·t~móe ·S,Oso 14!S~',¡;, for ,~:r9A3 feet thDri~ 5.00" 22''16"E'. fol'" -ào4:al fè il't I tHenoe S.I3004'45t'E:. far 'IÖI.64 feet; Thence 5.23°'22'09'1':. for 57.14 feeT to the PoInt of BegInnIng. ContaInIng 120.12 ocrø$. more or leSB. '~ ;"'1 '~ :~~Ò'lff Røœ .~ Or/atlIfo, FlorIda J28Jo-6JOJ ~ r~.-flJT 16fl-7195 CørtfflQQ#o Hlt. lß 2~ Shoot --1 of -..--.z. EXHIBIT "D" SITE ASSESSMENTS 1. S1. Lucie County International Airport Project Site, Environmental Assessment, January 2008, prepared by R.L. Weight Environmental Consultants, Inc., prepared for Joseph F. Houston. 2. S1. Lucie County International Airport Project Site, Environmental Assessment, Revised February 2008, prepared by R.L. Weight Environmental Consultants, Inc., prepared for Joseph F. Houston. 3. S1. Lucie County International Airport Project Site, Scrub Jay Survey, March 2008, prepared by RL. Weight Environmental Consultants, Inc., prepared for Joseph F. Houston. 62 This Instrument Prepared By: Duval & Stachenfeld LLP 300 East 42nd Street, Third Floor New York, New York 10017 MEMORANDUM OF LEASE o THIS MEMORANDUM OF LEASE (this "Memorandum") is made and entered into effective this r 1 day of r 1, 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Lessor"), and MOBARAK AIRCRAFT, L.L.C., a Florida limited liability company ("Lessee"). WITNESSETH: Lessor, for and in consideration of the rents to be paid and the other covenants and agreements to be kept and performed by Lessee as set forth in that certain Lease Agreement (the "Lease"), between Lessor and Lessee, dated r 1, 2008, does lease to Lessee, and Lessee does take and lease from Lessor, all that certain tract or parcel of land, together with all improvements thereon and all appurtenances thereto situated, lying and being in S1. Lucie County, Florida, and being described as set forth in Exhibit A attached hereto and made a part of this Memorandum (the "Premises"). TO HAVE AND TO HOLD the same subject to all the provisions and conditions contained in the Lease. 1. The rate of rental and all terms of Lessee's occupancy are set forth in the Lease. 2. The term of the Lease commenced on r ], 2008, and shall end at midnight on r 1 unless extended pursuant to the terms of the Lease. The Lease provides Lessee with options to extend the term for at least a twenty (20) year extension period. 3. The sole purpose of this instrument is to give notice of the Lease and all of its terms, covenants and conditions to the same extent as if the same were fully set forth herein. In the event of any inconsistency between the terms of this Memorandum and the Lease, the terms of the Lease shall govern and control. 4. Pursuant to Section 5 of the Lease and Section 713.1 0, Florida Statutes, the right, title and interest of Lessor in the Premises shall not be subject to any liens resulting from any indebtedness incurred by Lessee and/or any improvements made to the Premises by Lessee. 5. Pursuant to Section 13(h) of the Lease and applicable law, if certain property is released from the Premises, then Lessee shall retain, during the term of the Lease, an option to lease such released portion of the Premises in accordance with the terms of the Lease. (Remainder of page intentionally left blank; signatures on the following pages) 1 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as ofthe day and date first above "'Titlen. LESSEE: MOBARAK AIRCRAFT, L.L.C. ATTEST: By: Name: Title: Name: Title: Name: Title: STATE OF COUNTY OF SS. BEFORE ME, the undersigned authority, personally appeared being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this day of , 2008. Notary Public State of My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: LESSOR: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: Name: Title: Chairman Name: Title: Name: Title: 2 APPROVED AS TO FORM AND CORRECTNESS: Name: Title: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE SS. BEFORE ME, the undersigned authority, personally appeared being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this _ day of ,2008. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: STATE OF FLORIDA COUNTY OF ST. LUCIE SS. BEFORE ME, the undersigned authority, personally appeared being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this _ day of ,2008. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: 3 EXHIBIT A Property Description (Attached hereto) 4 EXHIBIT" A" LEGAL DESCRIPTION OF PREMISES PARCEL 3: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY SECONDARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT AZ MK 1989"; THENCE, BEARING NORTH 44°04'24" WEST, A DISTANCE OF 1,251.09 FEET TO A POINT; THENCE, BEARING NORTH 45°55'36" EAST, A DISTANCE OF 280.17 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 44°48'17" WEST, A DISTANCE OF 523.90 FEET TO A POINT; THENCE, BEARING NORTH 00°11'18" EAST, A DISTANCE OF 7.07 FEET TO A POINT; THENCE, BEARING NORTH 45°10'53" EAST, A DISTANCE OF 507.15 FEET TO A POINT; THENCE, BEARING SOUTH 44°48'17" EAST, A DISTANCE OF 1,026.45 FEET TO A POINT; THENCE, BEARING NORTH 84°51'00" WEST, A DISTANCE OF 155.16 FEET TO A POINT; THENCE, BEARING SOUTH 45°00'00" WEST, A DISTANCE OF 332.03 FEET TO A POINT; THENCE, BEARING NORTH 89°53'37" WEST, A DISTANCE OF 14.17 FEET TO A POINT; THENCE, BEARING NORTH 44°47'15" WEST, A DISTANCE OF 275.74 FEET TO A POINT; THENCE BEARING NORTH 64°08'30" WEST, A DISTANCE OF 99.66 FEET TO A POINT; THENCE BEARING SOUTH 45°11'43" WEST, A DISTANCE OF 37.35 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 445,832 SQUARE FEET OR 10.24 ACRES, MORE OR LESS. PARCEL 4: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989" WITH A NORTHING COORDINATE OF 1,149,614.19 FEET AND AN EASTING COORDINATE OF 860,928.84 FEET, BASED ON THE NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT; THENCE S44°04'23"E, A DISTANCE OF 1404.83 FEET TO A POINT ON THE CENTERLINE OF T AXIW A Y ECHO; THENCE ALONG SAID CENTERLINE N45°12'55"E, A DISTANCE OF 784.44 FEET; THENCE DEPARTING SAID CENTERLINE OF TAXIWAY ECHO S44°47'05"E, A DISTANCE OF 93.00 FEET TO THE POINT OF BEGINNING. THENCE FROM POINT OF BEGINNING N45° 12'55"E, A DISTANCE OF 522.43 FEET; THENCE N90000'OO"E, A DISTANCE OF 1348.31 FEET; THENCE SOoo03'16"W, A DISTANCE OF 1445.85 FEET; THENCE N82°18'46"W, A DISTANCE OF 370.71 FEET; THENCE S42°03'18"W, A DISTANCE OF 155.90 FEET; THENCE N44°51'23"W, A DISTANCE OF 955.99 FEET; THENCE S45°11 '43"W, A DISTANCE OF 76.98 FEET TO THE NORTHERLY LINE OF PARCEL 3; THENCE N44°48'17"W, ALONG SAID PARCEL 3 NORTH PROPERTY LINE, A DISTANCE OF 733.69 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 1,769,643 SQUARE FEET OR 40.63 ACRES, MORE OR LESS. This Instrument Prepared By: Duval & Stachenfeld LLP 300 East 42nd Street, Third Floor New York, New York 10017 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Agreement") is made and entered into as of this of r 1, 2008 (the "Effective Date") by and between MOBARAK AIRCRAFT, L.L.C., a Florida limited liability company ("Assignor") and TREASURE COAST AIRCRAFT MANAGEMENT, LLC, a Delaware limited liability company ("Assignee"). RECITALS WHEREAS, on or about r 1, 2008, Assignor entered into that Lease Agreement (the "Lease Agreement"), by and between Assignor, as lessee, and St. Lucie County, a political subdivision of the State of Florida, as lessor, relating to the premises (the "Premises") described on Exhibit A attached hereto, a memorandum of which is recorded simultaneously herewith; and WHEREAS, Assignor desires to assign to Assignee, and Assignee desires to assume from Assignor, all of Assignor's rights, duties, obligations and liabilities under the Lease Agreement with respect to the Premises from and after the Effective Date (collectively, the "Obligations"). NOW, THEREFORE, in consideration of the foregoing, and for such other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Definitions/Recitals Incorporated. Unless otherwise defined in this Agreement, all capitalized terms used herein shall have the meanings ascribed to such terms in the Lease Agreement. The recitals set forth hereinabove in this Agreement are hereby incorporated into this Agreement as iffully set forth herein. 2. successors and Agreement. Assignment. Assignor hereby transfers, assigns and sets over to Assignee, its assigns, all of Assignor's right, title, and interest in, to and under the Lease 3. Assumption. Assignee hereby accepts the assignment and assumes and agrees to be bound by and perform the Obligations. 4. Indemnitv. Assignor hereby indemnifies and holds harmless Assignee from and against any and all liabilities, costs, damages and expenses (including, without limitation, attorneys' fees, costs and disbursements and costs incurred in connection with the enforcement of the foregoing indemnification obligation) arising out of the Lease Agreement prior to the Effective Date. Assignee hereby indemnifies and holds harmless Assignor from and against any and all liabilities, costs, damages and expenses (including, without limitation, attorneys' fees, costs and disbursements and costs incurred in connection with the enforcement of the foregoing indemnification obligation) arising out of the Lease Agreement from and after the Effective Date. 5. Miscellaneous. This Agreement: (i) may be executed in multiple counterparts, all of which taken together constitute one and the same instrument; (ii) may not be canceled, modified or amended except by written instrument executed by all parties hereto; (iii) contains thc entire agreement between the parties hereto and is entered into after full investigation, with neither party relying upon any statement or representation made by another not contained in this Agreement; and (iv) shall apply to and bind the successors and assigns of Assignee and Assignor. If any term or provision of this Agreement shall, to any extent, be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected and each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. [Signatures on Next Page] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. ASSIGNOR: Signed, sealed and delivered in the presence of: MOBARAK AIRCRAFT, L.L.c., a Florida limited liability company Print Name: By: Name: Title: Print Name: STATE OF FLORIDA ) ) ss COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared , being duly swom, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this _ day of , 2008. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type ofIdentification Produced: ASSIGNEE: Signed, sealed and delivered in the presence of: TREASURE COAST AIRCRAFT MANAGEMENT, LLC, a Delaware limited liability company Print Name: By: Name: Title: Print Name: STATE OF ) ) ss ) COUNTY OF BEFORE ME, the undersigned authority, personally appeared , being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this _ day of ,2008. Notary Public State of My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type ofIdentification Produced: CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT The undersigned, does hereby consent to that certain Assignment and Assumption Agreement, dated as of r 1, 2008, by and between Mobarak Aircraft, L.L.c., a Florida limited liability company, and Treasure Coast Aircraft Management, LLC, a Delaware limited liability company. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORlDA ATTEST: By: Name: Title: Chairman Name: Title: Name: Title: APPROVED AS TO FORM AND CORRECTNESS: Name: Title: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE SS. BEFORE ME, the undersigned authority, personally appeared being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this _ day of , 2008. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type ofIdentification Produced: STATE OF FLORIDA COUNTY OF ST. LUCIE SS. BEFORE ME, the undersigned authority, personally appeared being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this _ day of , 2008. Notary Public State of Florida My Commission Expires: (Notary Seal) Exhibit A Premises (Attached hereto) EXHIBIT "A" LEGAL DESCRIPTION OF PREMISES PARCEL 3: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY SECONDARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT AZ MK 1989"; THENCE, BEARING NORTH 44°04'24" WEST, A DISTANCE OF 1,251.09 FEET TO A POINT; THENCE, BEARING NORTH 45°55'36" EAST, A DISTANCE OF 280.17 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 44°48'17" WEST, A DISTANCE OF 523.90 FEET TO A POINT; THENCE, BEARING NORTH 00°11'18" EAST, A DISTANCE OF 7.07 FEET TO A POINT; THENCE, BEARING NORTH 45°10'53" EAST, A DISTANCE OF 507.15 FEET TO A POINT; THENCE, BEARING SOUTH 44°48'17" EAST, A DISTANCE OF 1,026.45 FEET TO A POINT; THENCE, BEARING NORTH 84°51'00" WEST, A DISTANCE OF 155.16 FEET TO A POINT; THENCE, BEARING SOUTH 45°00'00" WEST, A DISTANCE OF 332.03 FEET TO A POINT; THENCE, BEARING NORTH 89°53'37" WEST, A DISTANCE OF 14.17 FEET TO A POINT; THENCE, BEARING NORTH 44°47'15" WEST, A DISTANCE OF 275.74 FEET TO A POINT; THENCE BEARING NORTH 64°08'30" WEST, A DISTANCE OF 99.66 FEET TO A POINT; THENCE BEARING SOUTH 45°11'43" WEST, A DISTANCE OF 37.35 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 445,832 SQUARE FEET OR 10.24 ACRES, MORE OR LESS. PARCEL 4: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989" WITH A NORTHING COORDINATE OF 1,149,614.19 FEET AND AN EASTING COORDINATE OF 860,928.84 FEET, BASED ON THE NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT; THENCE S44°04'23"E, A DISTANCE OF 1404.83 FEET TO A POINT ON THE CENTERLINE OF TAXIWAY ECHO; THENCE ALONG SAID CENTERLINE N45°12'55"E, A DISTANCE OF 784.44 FEET; THENCE DEPARTING SAID CENTERLINE OF TAXIWAY ECHO S44°47'05"E, A DISTANCE OF 93.00 FEET TO THE POINT OF BEGINNING. THENCE FROM POINT OF BEGINNING N45°12'55"E, A DISTANCE OF 522.43 FEET; THENCE N90000'OO"E, A DISTANCE OF 1348.31 FEET; THENCE SOoo03'16"W, A DISTANCE OF 1445.85 FEET; THENCE N82°18'46"W, A DISTANCE OF 370.71 FEET; THENCE S42°03'18"W, A DISTANCE OF 155.90 FEET; THENCE N44°51'23"W, A DISTANCE OF 955.99 FEET; THENCE S45°11'43"W, A DISTANCE OF 76.98 FEET TO THE NORTHERLY LINE OF PARCEL 3; THENCE N44°48'17"W, ALONG SAID PARCEL 3 NORTH PROPERTY LINE, A DISTANCE OF 733.69 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 1,769,643 SQUARE FEET OR 40.63 ACRES, MORE OR LESS. SECOND AMENDED AND REST A TED LEASE AGREEMENT THIS IS A SECOND AMENDED AND RESTATED LEASE AGREEMENT (this "Lease"), dated as of , 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Lessor"), as successor in interest to the St. Lucie County Port and Airport Authority (the "Authority"), and AIR CHARTER OF FLORIDA, INC., a Florida corporation ("Lessee"). WITNESSETH 1. The Authority and Lessee entered into that certain Lease Agreement, dated as of March 12, 1992, recorded March 18, 1992, as file no. 1169213, in O.R. Book 780, Page 2359 in the Public Records of St. Lucie County, Florida (the "Original Agreement"), for a fixed base operation ("FBO") on certain property owned by the Authority at the St. Lucie County International Airport (the "Airport"). 2. The Original Agreement was amended and restated by that certain Amended and Restated Lease Agreement, dated as of January 27,2003, by and between Lessor, as successor in interest to the Authority, and Lessee, recorded January 27, 2003 as file no. 2149476, in O.R. Book 1648, Page 1857 in the Public Records of St. Lucie County, Florida (the "First Amended Lease"; the Original Agreement together with the First Amended Lease, collectively, the "Prior Lease"). 3. Lessor and Lessee desire to correct the property description of the premises demised by the Prior Lease and to modify and update the terms and conditions of the Prior Lease. 4. Lessor and Lessee desire to amend and restate the Prior Lease in its 1 entirety as of the date of this Lease and otherwise on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. INCORPORA nON OF RECITALS. The foregoing recitals are incorporated into this Lease as if fully set forth in this Section 1 and the Prior Lease hereby is amended and restated in its entirety as of the date ofthis Lease. 2. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain real property and any improvements now or hereafter located thereon, located in St. Lucie County, Florida, and more particularly described in Exhibit "A", attached hereto and incorporated herein, together with any appurtenances thereto (the "Premises"). Lessor represents that there currently exists sufficient access to the Premises from a public road via St. Lucie Boulevard, Curtis King Boulevard, Industrial 33rd Street and Jet Center Terrace (as shown on a survey of the Premises, dated r 1, prepared by Culpepper & Terpening, Inc.), and at no time shall such access be obstructed or restricted. Any debris which may interfere with any such access shall immediately be removed and cleaned by Lessor; and if Lessor fails to do so, then Lessee may so remove and clean and shall be reimbursed for the cost thereof by Lessor or, alternatively, Lessee may deduct such cost from the next rental payment(s) due). Lessee also shall have the right to use the public portions of the Airport (including, without limitation, runways, taxiways, public parking areas, security gates, access through common areas and access roads). Lessor shall provide access cards and/or access badges to all employees of 2 Lessee so that such employees shall have access to the public portions of the Airport at all times (it being acknowledged by Lessor that there shall be no limit on the number of such access cards and/or access badges provided to Lessee and/or Lessee's employees). 3. PURPOSE. (a) Lessee agrees to use the Premises as a fixed base operation, which will include without limitation, the right to use the Premises for the administration, operation, business offices and activities related specifically thereto in connection with the conduct of an aircraft full service fixed base operation which provides goods and services to the general aviation public in the promotion of air commerce, including, without limitation, the installation, operation and maintenance of a fuel farm, aviation related sales and services, and all other services connected with a fixed base operation and permitted by the St. Lucie County Code of Ordinances and the St. Lucie County Land Development Code (collectively, the "Code") (including, without limitation, operation of a restaurant and/or catering services to aviation customers). Lessor agrees that at Lessee's option, Lessee may obtain rights to use the fuel farm of another fix based operation tenant (or share the use of such fuel farm with such tenant) at the Airport, the acquisition of which rights shall be deemed to satisfy all requirements of fixed base operations with respect to fuel sales and fuel farms. The use of the Premises by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by Lessor, the Federal Aviation Administration ("FAA") or its successor agency, or by the State of Florida or any other federal, state, or local agency having jurisdiction over the operations of the Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor, so long as same are imposed in the same manner on all fixed base operators under the jurisdiction of Lessor (including at the Airport). Lessor 3 hereby represents that Lessee's intended use (including, without limitation, restaurant use) of the Premises hereunder (i) is permitted under and consistent with, the St. Lucie County Comprehensive Plan, any applicable zoning ordinances, the Code, the Airport Master Plan and any other applicable rules and regulations, and (ii) will not interfere with any existing exclusive uses which may have been granted to tenants at the Airport. During the "Term" (as defined in Section 12), Lessor (a) shall not grant to any other party exclusive rights to use any portion of the Airport for a particular use permitted by this Lease, excluding the commercial areas of the Lessor-controlled terminal (it being agreed for the avoidance of doubt, that any such cxclusive rights granted to third parties with respect to the commercial areas of the Lessor-controlled terminal shall not prohibit or limit in any way, Lessee's intended use of the Premises) and (b) shall not impose any restrictions or enter into any agreements or take any actions which prevent or materially interfere with Lessee's intended use of and/or access to the Premises (including, without limitation, the infrastructure of the Premises). If any such restrictions are imposed or any such agreements are entered into or any such actions are taken, or if any other local authority having jurisdiction over the Airport changes its rules, regulations or conditions in such a manner so as to materially interfere with Lessee's business and/or Lessee's intended use, maintenance and/or operation of and/or access to the Premises, then in addition to any and all other rights and remedies available at law and/or in equity, Lessee shall have the right (but not the obligation) to terminate this Lease, in which event the parties shall have no further obligation to each other hereunder, except (x) for any obligations which are expressly stated herein to survive the termination of this Lease, and (y) if any such restrictions and/or agreements are imposed or entered into or if any such 4 actions are taken by Lessor, then Lessee may pursue any and all remedies and damages available to Lessee at law and/or in equity. Notwithstanding any other provision hereof, Lessee at all times (I) shall be permitted to perform, and shall not be hindered from performing, alllmvful services material to Lessee's intended business and operations, and (II) shall be provided sufficient access to the Premises and to the Airport via aircraft landings, required for Lessee's intended business and operations. Lessor shall reasonably cooperate with Lessee to provide areas of the Airport outside of the Premises during any period of construction and/or maintenance, for temporary placement or storage of equipment in connection with any landscaping and/or construction to be performed at the Premises by Lessee. Lessor represents that the Future Land Use on the Premises is Transportation/Utility and the zoning on the Premises is Utility. 4. MUTUAL REPRESENTATIONS AND WARRANTIES. Subject to any express provisions of this Lease to the contrary, Lessee acknowledges that it has made, or had an opportunity to make, a thorough and complete inspection of the Premises and is fully advised of its condition, nature of construction, if any, and state of repair. Subject to any express provisions of this Lease to the contrary, Lessee fully accepts the Premises in its present state of condition. Lessor warrants that all steps, acts and conditions precedent to the execution of this Lease have been done and Lessor has full authority to enter into this Lease. Notwithstanding the foregoing provisions of this Section 4, the delivery of the Premises to Lessee by Lessor shall constitute a representation by Lessor that Lessor does not know of any defect or condition that would materially interfere with Lessee's business or any latent defect to the Premises. 5. INDEMNIFICATION AGAINST CLAIMS. The Lessee is and shall be an 5 independent contractor and operator, responsible to all parties for all of its acts or omissions and the Lessor shall in no way be responsible for such acts or omissions. The Lessee shall and will indemnify and hold harmless Lessor from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and causes of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the Premises by the Lessee or its agents, servants, employees, customers, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Lessee or its agent, servants, employees, customers, patrons, or invitees on the Premises, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the Term, in or about the Premises, except (i) to the extent Lessor is reimbursed by third party property insurance or any liability insurance that Lessee or Lessor maintains, or (ii) to the extent that any such injuries, damages or claims are caused by the negligence or willful misconduct of Lessor and/or Lessor's agents, servants, employees, customers, patrons, invitees and/or tenants (collectively, "Lessor Parties"). Lessor promptly shall give Lessee notice of any such claims or actions, but in no event later than fifteen (15) days of becoming aware of any such claims (or threatened claims) or actions. 6. NO LIENS CREATED. Lessee covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character (including, without limitation, a mechanic's lien or materialman's lien) upon the right, title and interest of Lessor in and to the Premises, except as otherwise provided herein. Notwithstanding the foregoing, Lessee shall have the right to discharge, by payment or bond, any lien or 6 encumbrance placed upon the Premises in violation of this Section 6 within thirty (30) days following written notice from Lessor that any such lien or encumbrance is filed against the Premises; or, alternatively, if Lessee contests a claim to any lien and fails to discharge such lien in the manner required by applicable laws, Lessee may, if allowed in writing by Lessor, elect to indemnify Lessor and provide Lessor with a corporate surety bond or a cash deposit in an amount equal to one hundred twenty-five (125%) percent of the amount of the contested lien, issued by a surety company satisfactory to Lessor and in such case, such event shall not be considered a default under this Section 6. 7. OPERATION COSTS. Lessee agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, including telephone, gas, electricity, water and sewer, and all other expenses incurred in and directly related to the use and operation of the Premises. Lessor agrees to maintain, repair and/or replace, as necessary, and to pay all costs relating to the operation and maintenance of, all public portions (including, without limitation, all systems and infrastructure) of the Airport. Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit in connection with Lessee's business operations at the Premises. Lessor agrees to cooperate reasonably in the execution and approval of any applications for such permits and licenses to the extent such execution and approval by Lessor is necessary to obtain or maintain such permits and licenses. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor (exercising reasonable judgment) showing Lessee's compliance with its obligations under this Section 7. Lessee shall be responsible for the payment of any and all ad valorem taxes and 7 other taxes and/or assessments, which may be assessed against the Premises during the Term. Lessor hereby represents (i) that there currently are no ad valorem taxes or other taxes and/or assessments applicable to the Premises, except as shown on Exhibit "C" attached hereto and hereby made a part hereof, which Exhibit "C" does not take into account any discounts that may be available, (ii) that upon the effectiveness of this Lease, all such taxes and/or assessments shall be assessed against the Premises consistent with other County owned property having similar tenants as determined by the St. Lucie County Property Appraiser (or its successor), and (iii) that Lessor is not aware of any contemplated and/or proposed special assessments which may affect the Premises and which have not yet been assessed. Nothing contained herein is intended to preclude Lessee from challenging any such taxes and/or assessments in any manner permitted by law. 8. FUEL FLOWAGE FEE. Lessee agrees to pay a fuel flowage fee of $0.0518 per gallon on all gasoline, oil, or other fuel delivered to the Premises. Lessee agrees to supply Lessor with certified copies of receipts from fuel supply companies and to remit the applicable amount no later than the tenth (1oth) day of the following month. Such fuel flowage fee shall be adjusted annually after the first anniversary date of this Lease using the method based upon the annual consumer price index set forth in this Lease. In no event shall the fee be less than $.0455 per gallon. 9. BANKRUPTCY OF LESSEE. Should Lessee, at any time during the Term, file a voluntary petition in bankruptcy under Title 11 of the United States Code, or permit an involuntary petition in bankruptcy to be filed against it which it does not contest, or make any assignments for the benefit of its creditors, or should a receiver or trustee be 8 appointed for Lessee's property because of Lessee's insolvency, and the appointment is not vacated within thirty (30) days thereafter, or should Lessee's leasehold interest be levied on and the lien not discharged within thirty (30) days after levy has been made, then, and in such event, and upon the happening of either or any of such events, Lessor shall have the right, at its election, to consider the same a default on the part of Lessee of the terms and provisions of this Lease, and, in the event of such default not being cured by Lessee within a period of thirty (30) days from the date of the giving by Lessor of written notice to Lessee of the existence of such default, Lessor shall have the option of declaring this Lease terminated, and the interest of Lessee forfeited, or Lessor may exercise any other rights conferred upon it by this Lease. The pendency of bankruptcy proceedings or arrangement proceedings, to which Lessee shall be a party shall not preclude Lessor from exercising any of its rights. 10. REPAIRS AND MAINTENANCE. Lessee agrees to keep and maintain the Premises, including grounds, furnishings, fixtures and personal property, if any, in a good state of repair and condition. Lessee agrees at its expense to make all routine repairs to the Premises, including electrical, plumbing, sewer, sewer conditions, and all other repairs that may be required to be made, in Lessee's reasonable discretion, and Lessee at its expense will keep the building interior and exterior, fixtures and equipment in a good state of repair, in good condition and at all times well painted. Lessee at its expense agrees to deliver to Lessor upon the termination of this Lease the entire Premises in a good state ofrepair and condition, ordinary wear and tear, and damage by the elements or by fire excepted. Lessee shall, throughout the Term, assume the entire responsibility and shall relieve Lessor from all responsibility for all repair and maintenance whatsoever to 9 the Premises. Lessee shall keep the Premises at all times in a clean and orderly condition and appearance and all of Lessee's fixtures, equipment and personal property which are located on any part of the Premises which are open and visible to the general public shall likewise be so kept and maintained. Lessee shall be responsible for the maintenance and repair of all of the fuel tanks and utilities service lines that Lessee is using, including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers, except that notwithstanding any other provision of this Lease to the contrary, Lessor shall be responsible for the maintenance and repair of all common utilities' systems, equipment and/or lines (whether or not located on, above, under, within, through or across the Premises). Lessee shall, at all times during the Term, take commercially appropriate measures to prevent, control, minimize or restore erosion at the Premises caused by Lessee, its agents, employees, or sublessees; and, any such erosion caused by negligence, acts and/or omissions of the Lessor shall be restored immediately by Lessor. In the event the Lessee fails in any material respect to so maintain, clean, repair, replace or rebuild the Premises, then if Lessee fails to commence to do so within a period of ninety (90) days after written notice from Lessor (which 90- days period shall be tolled during such time that any required approvals and/or permits are pending with any applicable authority), or fails in any material respect diligently to pursue to completion such repair, replacement, or rebuilding, the Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace or rebuild all or any part ofthe Premises included in such notice, and the reasonable, out- of-pocket cost thereof shall be payable by Lessee immediately upon demand of Lessor. Upon request of the Lessee, the repair period shall be extended for one year or such 10 longer period as may be necessary, in the event necessary contractors and/or materials are unavailable following a hurricane or other "Force Majeure Conditions," as described in Section IS. Notwithstanding any other provisions hereof to the contrary, Lessee shall not be responsible for any repairs and/or maintenance of any condition which is the result of the negligence or willful misconduct of Lessor and/or the Lessor Parties. 11. SIGNS AND OBSTRUCTION LIGHTS. Lessee shall have the right to erect, maintain or display any signs or any advertising on the exterior of the Premises or within the Premises, provided that such signs and advertising comply with all FAA, local government and airport rules, regulations and ordinances, and to the extent that Lessor's approval or consent is required under any such rules, regulations and ordinances, such approval or consent shall not be umeasonably withheld or delayed. Lessee shall be entitled to a directional sign at the entrance to the Airport or such other location as may be appropriate, as reasonably determined by Lessee. Lessee shall be entitled to a listing on any Airport directory which may at any time be installed at the Airport, which listing shall be at least as large as any other listing on the directory. 12. TERM: TERMINATION. The term (the "Term") of this Lease shall begin on r ' 200 ~ (hereinafter referred to as the "commencement date"), and shall terminate fifty (50) years from that date. Delivery of the possession of the Premises to Lessee shall be made on the date of this Lease. The Term may be extended for an additional twenty (20) years (the "Renewal Term") upon the mutual consent of both parties. Should County, local, state and/or federal authorities close the airport to nonmilitary aircraft (for any reason other than an act of God), thereby materially 11 adversely interfering with the continuation of Lessee's operations, the amount of time during which Lessee's operations are interrupted shall be added to the Term and no rent (or other charges) sha] 1 be payable during such period of interruption. 13. RENT AND ANNUAL ADJUSTMENT. On the date (the "Rent Commencement Date") which shall be the commencement date of this Lease, Lessee shall commence payment as annual rent ("Annua] Rent") for the Premises, the amount of forty six thousand four hundred ninety-two and 20/1 00 dollars ($46,492.20), based upon 900,472 sq. ft. (20.68 acres) at $0.0516 per square foot per year (which amount may be adjusted as set forth below), and shall pay all applicable sales, use, and like taxes. The Annual Rent shall be payable in equal monthly rental payments in the amount of three thousand eight hundred seventy-four and 35/100 dollars ($3,874.35), which shall be due on the tenth (10th) day of the month. Payment shall be by check made payable to "St. Lucie County" and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all applicable sales tax imposed by federal, state and local governments. Notwithstanding any other provision of this Lease to the contrary, Lessee shall not be obligated to pay Annual Rent (or any other charges) attributable to any portion of the Premises which constitutes wetlands or wetlands buffer or setback areas, regulated waterbodies, or scrubjay or any other similarly protected wildlife species habitat, unless and until Lessee applies for (in Lessee's discretion) and receives all required permits (including, without limitation, a building permit) and approvals (regu]atory or otherwise), for the contemplated improvements on such lands. Subject to the provisions below, on each anniversary of the Rent Commencement 12 Date (the "Arumal Calculation Date") during the Term (but not any Renewal Term), the Annual Rent shall be adjusted in accordance with the provisions hereinbelow. Said adjustments shall be computed one (1) month prior to the applicable Annual Calculation Date, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The adjusted Annual Rent for the applicable year shall be determined by multiplying the Annual Rent then in effect by a fraction, the numerator of which shall be the Consumer Price Index (U.S. City Average All Items and Commodity Groups 1967= 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as of three (3) months prior to the then applicable Annual Calculation Date, and the denominator of which shall be the Index for the same month of the prior year. Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following each Annual Calculation Date. Lessee shall not be obligated to pay any new Annual Rent amount unless and until Lessee shall have received written notice of such amount from Lessor in accordance with the provisions of this Lease; and, provided that such notice shall have been delivered on or before the ninetieth (90th) day after the applicable Annual Calculation Date, then any such new Annual Rent amount shall be effective as of the Annual Calculation Date. If the Term commences on a date other than the first day of a month, Lessee is obligated to advance its first payment of gross monthly rent on a pro-rata basis, computed based upon the number of days remaining in the month in which the Rent Commencement Date occurs, divided by the total number of days in such month. The Annual Rent, as adjusted pursuant to the preceding paragraphs of this Section 13 12, shall be subject to fair and non-discriminatory review and adjustment at the end of the first twenty (20) year period after the Rent Commencement Date and at the end of each ten (10) year period thereafter. The adjustment in Annual Rent shall be determined by a qualified independent professional appraiser chosen by Lessor (at Lessor's cost) to determine the fair market rental value of the Premises (the "Adjusted Rental"). If Lessee does not approve of the Adjusted Rental provided by Lessor's appraiser, then Lessee (at its cost) may obtain another appraisal from a qualified independent professional real estate appraiser. In the event that Lessee and Lessor fail to agree on the Adjusted Rental, based on either or both of the appraisals, the two appraisers shall themselves select a third qualified independent professional appraiser. The fee for the third appraisal shall be divided equally between Lessee and Lessor. The Adjusted Rental shall be fixed at the average of the two closest appraisals. Notwithstanding any other provision hereof, the parties agree that any appraisal of the Premises for the purpose of determining an adjusted rental rate shall not include consideration of improvements that have existed on the Premises for fifteen (15) years or less. The appraisals shall be conducted by appraisers who are designated members of a professionally recognized real estate appraisers' organization. Lessor and Lessee shall each be responsible for the selection and compensation of one of the appraisers. When such rental rates are established as set forth above, this Lease shall be considered amended, upon written notification by Lessor to Lessee of the establishment of the said Adjusted Rental applicable to the Premises. The new rental rate shall be phased in on a pro-rata basis over five years. The rental rate shall continue to be subject to yearly adjustment in accordance with the foregoing provisions of this Section 13. 14 14. INSPECTION OF PREMISES. Lessor or its agents shall have the right to enter the Premises and the buildings and improvements constructed on them at all reasonable business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this Lease. Lessor shall use its best efforts not to disturb the rights or business operations of Lessee or of any subtenants or occupants of the Premises, except in the event of an emergency. At any time and from time to time during reasonable business hours within six (6) months next preceding the expiration of this Lease or immediately upon the determination by Lessor (exercising reasonable judgment) of abandonment or a breach of this Lease by Lessee which breach shall remain uncured at the expiration of all applicable notice and cure periods, Lessor shall have the absolute right to enter the Premises for the purpose of exhibiting and viewing all parts of the same and to place and maintain on the Premises "To Let" signs, which signs Lessee shall allow to remain without interference or hindrance. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 15. CONSTRUCTION/ALTERATIONS. (a) In the event that governmental restrictions are placed upon any development of the Premises beyond the reasonable control of Lessee, or actions are taken by Lessor, which restrictions or actions operate to prevent or materially interfere with any construction of all or any portion of the Premises, or which could have a material adverse impact on all or any portion of the Project and/or 15 Lessee's business, then, in addition to any and all other rights and remedies set forth in this Lease (including, without limitation, Section 3 of this Lease), Lessee shall also have the option either (x) to terminate this Lease in its entirety or with respect to the affected portion of the Premises, upon thirty (30) days' notice to Lessor (in which case there shall be an equitable adjustment in Annual Rent and other charges under this Lease), or (y) to resubmit modified plans and specifications and/or a modified development plan, as applicable, to Lessor for its review and approval. (b) As used in this Lease, the term "Force Majeure Condition" means a situation in which the Lessee shall be delayed, hindered in or prevented from the performance of any act required under this Lease by reason of strikes, boycotts, lock- outs, labor troubles, embargoes, shortages of labor, equipment, energy or materials, inability to procure materials or equipment, failure of power, fire or other casualty, condemnation, weather, acts of God, war, accident, acts of the public enemy, acts of nature (including lightening strikes, hurricanes and tornados or other high winds), restrictive governmental laws or regulations, governmental preemption, riots, rebellions, sabotage, insurrection, the act, failure to act or default of Lessor, or as a result of delays caused by Lessor or any other applicable authority in failing to complete any inspections and/or issue any permits (including without limitation, relating to protected wildlife and wildlife habitats, wetlands and regulated waterbodies existing on or at the Premises), approvals or objections in a timely manner and/or as required under this Lease or by applicable law, or as a result of any delays caused by the failure of any such permits, approvals and/or objections to become final and unappealable, or any other causes beyond the reasonable control of Lessee, whether similar or dissimilar to 16 the causes specifically enumerated in this Section. In the event of Force Majeure Conditions, the performance by Lessee of its obligations under this Lease shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. (c) Within thirty (30) days after receipt of plans and specifications from Lessee for any proposed improvements to the Premises, Lessor shall inform Lessee of any reasonable modifications it may require, if any, to the plans and specifications in order to secure Lessor's approval thereof. If Lessor requires any modifications (which must be reasonable, as set forth above) that Lessee reasonably determines are commercially unacceptable, then, in addition to any and all other rights and remedies set forth in this Lease (including, without limitation, Section 3 of this Lease), Lessee shall also have the right either (i) to terminate this Lease in its entirety or with respect to the affected portion of the Premises, upon thirty (30) days' notice to Lessor (in which case there shall be an equitable adjustment in Annual Rent and other charges under this Lease) or (ii) to revise any plans and specifications regarding any proposed improvements to the Premises and resubmit modified plans and specifications and/or a modified development plan, as applicable, to Lessor, for its review and approval. Within thirty (30) days after a request for approval of any such proposed plans and specifications, the "Airport Director" (as defined in Section 1-2.3-1 of St. Lucie County Code of Ordinances) shall issue a determination as to whether such proposed plans and specifications are in compliance with this Lease. (d) Lessee understands that certain approvals from other entities and/or governmental authorities, including governmental agencies, may be required as a matter 17 of law for any construction and/or alterations to or on, and/or use of, the Premises. Upon Lessee's request for any approvals under this Lease which also require approvals from any other entities and/or governmental authorities as a matter of law, to the extent such requests for approval must be, or in Lessee's opinion are desirable to be, made, in whole or in part, in the name of or by Lessor, and provided that such requests relate to any projects that previously have been approved by the S1. Lucie County Board of County Commissioners pursuant to the site plan approval process, then Lessor shall promptly so make and submit Lessee's requests/applications for approval to such other entities and/or governmental authorities; shall promptly forward any requests by such other entities and/or governmental authorities to Lessee; and Lessee shall use its commercially reasonable efforts to obtain such approvals. Additionally, when any such approval is required from Lessor, then Lessor shall cooperate with Lessee and use best efforts to expedite the issuance of Lessor's approval, subject to applicable regulations. Such approvals may include, without limitation, permits relating to protected wildlife and wildlife habitats, wetlands, and regulated waterbodies existing on or at the Premises. Approvals are deemed received when the applicable entity or governmental authority has granted the applicable approval in writing and any resulting litigation or administrative proceeding related to such approval has been decided by the court or entity having the highest level of jurisdiction or the time for an appeal to a higher authority has expired or any claims arising from such litigation have been bonded or insured against to the extent required by the appropriate court. Lessee shall provide Lessor with a copy of all written approvals. (e) Lessee shall bear the entire cost and expense of the facilities to be 18 constructed andlor improved on the Premises by Lessee hereunder, which shall include all utility connections to common utilities and any current or future metering that may be required, and shall bear all of the risks of loss of andlor damage to any materials andlor partially completed facilities during the Term, unless such damage is caused by the negligence andlor willful misconduct of Lessor andlor any Lessor Parties or by Lessor's breach of its obligations under this Lease. Lessor hereby agrees that if Lessee's operations at the Premises do not require multiple connections to common water mains or other utility systems, then Lessee shall not be required to provide such multiple connections. Lessor shall approve the facilities as having been fully completed by Lessee in accordance with the approved plans and specifications, by issuance of a permanent certificate of occupancy; which permanent certificate of occupancy, or a written notice of any deficiencies asserted by Lessor, shall be provided within ten (10) days of Lessee's request. (f) Lessee shall provide and maintain or cause to be provided and maintained, at its own expense, all required fire alarm and control systems and all required utility systems (including metering devices) such as water, sewer, electricity, gas, cable and telephone within the Premises. Lessee shall have the right to connect to all common utilities and to obtain such rights as may be required for water, sewer, power, telephone and any utility lines or facilities for the performance of the terms, conditions and covenants herein contained. (g) Title to all materials purchased for construction andlor improvements and installation upon the Premises under this Lease, shall vest in Lessee simultaneously with passage of title from the vendors thereof and Lessor shall have no property rights therein 19 or in the completed facilities, except as expressly provided in Section 19 of this Lease. (h) Not",ithstanding any other provision of this Lease to the contrary, during the Term, with respect to the Premises, Lessee may, without Lessor's consent, construct improvements and/or make changes, modifications and/or alterations to the plans, specifications and/or improvements as originally approved by Lessor and as built, provided that same (i) relate solely to the interior of any improvements at the Premises and do not materially adversely affect the common utilities at the Airport, and (ii) do not constitute a "Material Alteration" (defined below). Lessor's failure to respond to a request for approval of any Material Alteration within five (5) days of such request shall be deemed Lessor's approval of such request. As used herein, the term "Material Alteration" means, with respect to the Premises, construction of any single improvement and/or any change, modification or alteration to the plans, specifications and/or improvements as originally approved by Lessor and as built, which is not described in clause (i) above and which shall cost in excess of twenty-five thousand ($25,000.00) dollars. (i) Notwithstanding any other provision of this Lease to the contrary, if there are wetlands, protected wildlife, protected wildlife habitat, and/or environmental conditions and/or restrictions which prevent or materially interfere with any construction to or on, and/or the intended use of, the Premises, then Lessee, at its option, may elect by written notice to Lessor, either (x) to terminate this Lease, or (y) to release the affected portion of the Premises from this Lease with an equitable reduction in Annual Rent and other charges under this Lease. If Lessee exercises its option under "CyY' above, Lessee shall retain, during the Term of this Lease, an option to lease such released portion of the 20 Premises in accordance with the terms of this Lease. Subject to the approval of Lessor, which approval shall not be withheld or delayed unreasonably, Lessee shall have the right (but may not be required) to use, designate and maintain any portion of the Premises as a wildlife or wildlife habitat conservation area to the extent required in order to obtain any necessary permits for any construction to or on, and/or for the use of, the Premises as contemplated under this Lease. Lessor shall cooperate reasonably and shall assist Lessee in effectuating any such use, designation and maintenance, including without limitation, the filing of any permits, easements or other necessary filings; provided, however, that Lessor shall not be required to create a conservation easement on the Premises, except that if any governmental authority requires the creation of a conservation easement in connection with Lessee's activities, then subject to the approval of the FAA, Lessor shall cooperate and assist Lessee in creating such conservation easement. Lessee shall not be required to pay Annual Rent or any other charges under this Lease on any portion of the Premises used, designated and maintained as a wildlife or wildlife habitat conservation area. 16. CONDEMNATION. (a) If any part of the Airport (which mayor may not include the Premises) shall be taken or condemned (or purchased in lieu thereof) for a public or quasi-public use, and a part remains which is susceptible of occupation in Lessee's sole discretion, the rent payable shall be equitably reduced, commencing with the date title shall vest in the condemnor; and, if Lessor and Lessee cannot agree on the amount of the reduced rental (the "Reduced Rental"), then such amount shall be determined by a qualified independent professional appraiser chosen by Lessee (at Lessee's cost). If Lessor does not approve of the Reduced Rental provided by Lessee's 21 appraiser, then Lessor (at its cost) may obtain another appraisal from a qualified independent professional real estate appraiser. In the event that Lessee and Lessor fail to agree on the Reduced Rental, based on either or both of the appraisals, the two appraisers shall themselves select a third qualified independent professional appraiser. The fee for the third appraisal shall be divided equally between Lessee and Lessor. The Reduced Rental shall be fixed at the average of the two closest appraisals. All appraisers shall be instructed to estimate the fair rental value of the land and improvements constituting the Premises taken as a single interest and used for the purposes set forth herein (which may or may not be the highest and best use). (b) If after a partial taking or condemnation (or purchase in lieu thereof) of the Airport (which mayor may not include the Premises), Lessee determines (in its sole discretion) that the remaining portion of the Premises is inadequate for the uses contemplated by this Lease, Lessee shall have the option to terminate this Lease as ofthe date when title to the part so condemned vests in the condemnor. If all of the Premises shall be so taken, this Lease shall terminate on the date when title to the Premises vests in the condemnor. If a part or all of the Premises be so taken or condemned (regardless of whether this Lease is terminated as a result thereof), Lessee shall be entitled to that portion of any award for Lessee's loss of property, buildings, improvements and its furniture and fixtures, the cost of removing its property and the loss of the value of its leasehold interest in the land so taken. To the extent Lessee is not compensated pursuant to the preceding sentence, Lessee shall have the right to make an additional claim for all other damages sustained as a result of such taking, including without limitation such compensation as may be separately awarded or recoverable by Lessee for improvements, 22 personal property or fixtures owned by Lessee and located at the Premises, loss of business damages, and relocation expenses, provided that any such award (i) shall be made in addition to, and stated separately from, the award made in connection with the underlying land, and (ii) does not reduce the award paid to Lessor. In the event of such taking, Lessor shall receive such portion of the award as is attributable to its reversionary fee interest in the land and any improvements comprising the Premises. Any portion of any condemnation award, which is not specifically apportioned to Lessee, as aforesaid, shall be and become the property of and belong to Lessor. (c) If this Lease is terminated in accordance with the provisions of this Section 16, all rent and fees or any other monies payable by Lessee under this Lease shall be apportioned to the date of termination and Lessee shall be released from its obligations under this Lease (except those which have accrued or which expressly survive such termination) as of the date of such termination. No rent and other amounts payable by the Lessee under this Lease shall be payable during any period oftakeover by any federal or State agency (or other governmental authority) of all or any portion of the Airport or the Premises, which results in either (i) the cessation of the Airport's function as an airport for general commercial traffic, or (ii) the cessation of the use of the Premises for all or any part of the business of the Lessee. If any condemnation results in a diminution of the value of the Lessee's leasehold interest, then Annual Rent shall be reduced to reflect such diminished value; and, for purposes of this Section 16, "diminution of the value of the Lessee's leasehold interest" means an adverse economic impact upon the Premises and/or Lessee's operation on the Premises, as improved. If after any condemnation (or take over) this Lease is not terminated pursuant to the provisions of this 23 Section 16, then the Term (or any extended term, if applicable) of this Lease shall be extended for a period of time equal to that period during which the Airport has not functioned as an airport for general commercial traffic or the Premises have been adversely affected. Subject to the other provisions of this Section 16, (x) if there is a permanent taking of a portion of the Premises, then this Lease shall continue in full force and effect with respect to the balance of the Premises not taken, and (y) if there is a temporary taking of the Premises (in whole or in part), then this Lease shall resume in full force and effect upon the cessation of the taking with respect to the portion of the Premises so taken, and (z) in the case of a partial taking of the Premises, then this Lease shall continue in full force and effect with respect to the portion of the Premises not taken. 17. DEFAULT IN RENT. If any sums of money required to be paid by Lessee to Lessor shall remain unpaid for a period of ten (10) days after its due date and, thereafter, for twenty (20) business days after Lessee's receipt of written notice from Lessor specifying the applicable payment and stating that such ten (10) day grace period has expired, then Lessor may declare the next consecutive six (6) month's rental as presently due and payable, in which event such amount (the "Rent Escrow") shall be paid by Lessee to Lessor within 10 days of a written request by Lessor, and shall be held in escrow by Lessor and disbursed on a monthly basis to pay each of the next consecutive six (6) months' rental when due. Such declaration shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of Lessee to pay rent under the terms of this Lease for the period unaffected by the declaration. If Lessee fails to deposit the Rental Escrow, then Lessor may exercise any and all other 24 options available to it under this Lease, which options may be exercised concurrently or separately with the exercise of the above options. 18. DEFAULT IN PROVISIONS (OTHER THAN RENT). If Lessee shall default in the performance of any term of this Lease (except the payment of monthly rent, but including the payment of the Rent Escrow), then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this Lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that this Lease is in default, and to use all remedies available to Lessor under this Lease; provided, however, Lessor shall not under any circumstances be entitled to exercise such remedies unless and until Lessor shall have delivered to Lessee an additional notice of the applicable default and fifteen (15) days' opportunity to cure such default. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days or fifteen (15) days ( as applicable) from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default, Lessor shall not have the right to declare the Term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the Term ended and enforce all of its rights and remedies under this Lease for any other default not so cured. 19. OWNERSHIP. (a) All buildings, structures, hangars and fixtures (as opposed to chattel) of every kind now existing or hereafter erected, installed or placed on the 25 Premises shall, at the end of the Term or earlier termination ofthis Lease, for any reason, be the property of Lessor and shall be left in good condition and repair, ordinary wear and damage by the elements excepted, provided however that notwithstanding the foregoing or any other provision of this Lease to the contrary, Lessee shall retain ownership of all tanks installed at the Premises and such tanks shall be removed from the Premises within thirty (30) days (or such longer period as shall be reasonably necessary) after the expiration of the Term or earlier termination of this Lease and Lessee (or its agents) shall be permitted to enter the Premises after the expiration of this Lease for the purpose of such removal. A fixture is defined as an article which was a chattel, but which, by being physically amlexed or affixed to the Premises by Lessee and incapable of being removed without structural or functional damage to the Premises, becomes a part and parcel of it. Nonfixture personalty O\vned by Lessee at the expiration of the Term or earlier termination of this Lease for any reason, shall continue to be o\'.'lled by Lessee, and at the time of such expiration or earlier termination, Lessee at its option may remove all such personalty, provided Lessee is not then in default of any covenant or condition of this Lease; otherwise, all such property shall remain on the Premises until the damages suffered by Lessor from any such default have been ascertained and compensated. Any damage to the Premises caused by the removal by Lessee of any such personalty shall be repaired by Lessee promptly at its expense. (b) Regardless of whether or not Lessee holds title to any buildings, structures, hangars or fixtures (as opposed to chattel) constructed on, installed upon, or affixed to the Premises by Lessee, it is the express intent and agreement of the parties that (i) Lessee shall be entitled to receive all economic and other benefits (other than the receipt of 26 Annual Rent and other amounts payable by Lessee to Lessor under this Lease, which amounts shall belong to Lessor) which may be derived from its use and occupancy of any such buildings, structures, hangars or fixtures, and (ii) the Lessee shall be entitled to claim any federal income tax credits, deductions and benefits that may be associated with any such improvements, and Lessor shall make no claim to any such credits, deductions or benefits. 20. INSURANCE. (a) Lessee shall, at all times during the Term and at Lessee's sole expense, maintain insurance coverages (via one or more policies, in Lessee's discretion), as required by Lessor, all as set forth in Exhibit "B" attached hereto and hereby made a part hereof. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate Lessor as an additional named insured. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this Lease, specifically providing that the insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to Lessor. In addition, Lessee shall at all times during the Term of this Lease and any Renewal Terms and at Lessee's sole expense, keep the leased facilities insured against loss or damage by fire and hazards in an amount equal or greater than the full replacement cost of the property. (b) Dama¡¡:e or Destruction to Premises. Except as otherwise provided in this Lease, ifthe Premises or any part ofthem (including any leasehold improvements), shall be damaged or destroyed, Lessee shall, to the extent of any insurance proceeds available and any deductible, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall belong to Lessee (it being 27 agreed that if any such insurance proceeds are paid to Lessor or are delivered by check jointly payable to Lessor and Lessee, then Lessor shall promptly pay any such amount to Lessee or endorse such check over to Lessee, as applicable). Subject to the foregoing limitations, it shall be Lessee's responsibility to repair or reconstruct the Premises as appropriate. Any other terms or provisions of this Lease pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the Premises. If such a substantial portion of the Premises is destroyed so that Lessee determines that Lessee cannot reasonably continue to utilize the Premises until the same are repaired or replaced, then Lessee may elect to either repair or replace the same, to the extent of any insurance proceeds available and any deductible, or to abstain from repairing or replacing the same and to terminate this Lease, whereupon any insurance proceeds shall be paid to the holder of any leasehold mortgage which encumbers the Premises in an amount equal to the outstanding balance ofthe loan and the balance of such proceeds, if any, shall be paid to Lessee, provided however, that if the Premises are damaged or destroyed during the last fifteen (15) years of the Term or during the last five (5) years of any Renewal Term, then such balance shall be distributed to Lessor. 21. ASSIGNMENT AND SUBLEASING. Lessee may not sublease the Premises, or any portion of the Premises except upon prior approval by the Lessor of the form sublease (which consent shall not be umeasonably withheld, conditioned or delayed). Lessee shall not assign this Lease without the prior written consent of the Lessor (which consent shall not be umeasonably withheld, conditioned or delayed), other than to a "Leasehold Mortgagee" (as defined in Section 37 of this Lease) pursuant 28 to the terms of Section 37 of this Lease. Notwithstanding the foregoing or any other provision of this Lease, Lessee may submit a standard sublease fonn having an initial term of no more than thirteen months for rentals of hanger space to Lessor for pre- approval. Lessee may, without Lessor's consent, enter into subleases of hangar space(s) with initial terms of no more than thirteen calendar months, provided that (i) such pre- approved sublease form (with commercially reasonable modifications, if desired by Lessee) is used, and (ii) Lessee shall provide Lessor "'Titten notification of the names of all sublessees entering into such subleases and a copy of all fully-executed subleases. If Lessee is a corporation, partnership or other type of business entity other than an individual, there shall be no "transfer of the control" (as defined below) of Lessee without prior approval of Lessor, which approval shall not be unreasonably withheld. As used herein, the phrase "transfer of control" of Lessee shall be deemed to occur when the owner(s) of more than fifty percent (50%) ofthe ownership interest in Lessee transfer in any transaction, other than between themselves and/or affiliates, their immediate families or their heirs, such ownership interest to another person, firm, partnership, corporation or business entity. Unless expressly permitted by this Lease, any attempt to affect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. Lessor shall provide to all sublessees a subordination non-disturbance agreement in form reasonably requested by such sublessee or Lessee. 22. NOTICES. All notices required by law and by this Lease to be given by one party to the other shall be in writing, and the same shall be sent by hand delivery, or by certified or registered mail, return receipt requested, or by overnight courier, to: 29 Lessor: Board of County Commissioners 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copies to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Lessee: Air Charter of Florida, Inc. 3131 Jet Center Terrace Fort Pierce, Florida 34946 or to such other addressees) as Lessor or Lessee may designate by writing to the other. All notices, consents or communications required or permitted to be given under this Lease shall be in writing and shall be deemed to have been properly given and received (i) if sent by hand delivery, then upon delivery, (ii) if sent by United States certified or registered mail, return receipt requested, then three (3) business days after mailing from within the United States by first class United States mail, postage prepaid, and (iii) if sent by a nationally recognized overnight courier, then one (1) Business Day after being delivered to such overnight courier. 23. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this Lease shall be held invalid for any reason, the remainder of this Lease shall not be affected, provided that such invalidity does not materially prejudice either Lessor or Lessee under the remaining parts of this Lease. Whenever the words "include," "includes" or "including" are used in this Lease, they shall be deemed to be 30 followed by the words "without limitation." 24. LEASE NOT EXCLUSIVE. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this Lease are non-exclusive and the Lessor herein reserves the right to grant similar privileges to another lessee or other lessees on other parts of the Airport. 25. NONDISCRIMINATION. Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Premises, (2) that in the construction of any improvements on, over or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that Lessee shaH use the Premises in compliance with aH other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. Subject to the notice and cure rights provided in Section 18 of this Lease and to the provisions of Title 49, Code of Federal Regulations, Part 21, in the event of breach of any of the above nondiscrimination covenants, Lessor shaH have the right to ternlinate this Lease and to re-enter and as if said Lease had never been made or issued; and, 31 notwithstanding ànything to the contrary contained in this Lease, this provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 shall have been followed and completed, including exercise or expiration of appeal rights. 26. SUBROGATION. Provided that a default shall have occurred hereunder by Lessee, and provided further, that all notice and cure periods shall have expired, then Lessor shall have the option, without waiving or impairing any of its rights, to pay any reasonable sum or perform any act required of Lessee, and the reasonable, out-of- pocket costs of any such payment and/or performance, together with interest, shall be secured by this Lease, and shall be promptly due and payable to Lessor. 27. STANDARD PROTECTION CLAUSES. It shall be a condition of this Lease, that the Lessor reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on , taking off from or operating on the Airport. Lessee expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Premises to such a height so as to comply with Federal Aviation Regulations, Part 77. Lessee expressly agrees for itself, its successors and assigns, to the extent knüwn to Lessee and within Lessee's control, to prevent any use of the Premises which would materially interfere with or materially adversely affect the operation or maintenance of the Airport, or otherwise constitute an Airport hazard. 32 28. INTEREST. All delinquent payments to Lessor shall bear interest at the rate equivalent to the periodic composite of current annual interest rates on five (5) year United States Government agency issues in effect as of the date of delinquency, but not less than ten percent (10%) per annum. Such interest shall be calculated from the due date after the expiration of any applicable grace period to the date of payment, on a daily basis, and will be due and payable when billed. 29. NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this Lease in anyone or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the Premises or of the remainder of the Term shall be valid unless accepted by Lessor in writing. Lessor shall use commercially reasonable efforts to relet the Premises in the event of an abandonment or surrender or attempted abandonment or attempted surrender of the Premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the Premises, which abandomnent continues for thirty (30) days following written notice from Lessor, then Lessor shall have the right to retake possession of the Premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender (it being agreed that all reasonable closures for construction, renovation or in connection with force majeure or the sale of Lessee's business, shall not be deemed "abandonment" or "surrender", and that this provision shall not be deemed a continuous operation obligation). 30. REMOVAL OF LESSEE'S PROPERTY BY LESSOR. If, under the terms 33 of this Lease, Lessee is entitled to remove its property from the Premises, but shall fail tö do so on or before the termination or expiration of the Term or on or before the termination or expiration of this Lease for any other cause specified herein (except that with respect to removal of tanks, on or before the end of the applicable period specified in Section 19 for such removal), then Lessor may remove such property and retain the same in its possession, and may sell the same at public auction, the proceeds of which shall be applied first to the actual, out-of-pocket expenses of such removal and storage and sale, and the balance paid to Lessee upon the demand of Lessee, providing that the proceeds of such sale exceed the expenses of such removal, storage and sale. 31. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Premises throughout the Term without interference, hindrance or molestation. Wherever this Lease requires Lessor's consent or approval, such consent or approval shall not be unreasonably withheld, conditioned or delayed. 32. RIGHT TO RECORD. Lessee shall have the right at its expense, to record this Lease (or any amendment hereto) or a memorandum of this Lease (or any amendment hereto), in the Public Records of S1. Lucie County, Florida. Simultaneously with the execution of this Lease and any amendment to this Lease, and within two (2) business days after any request(s), Lessor shall execute a memorandum of Lease (or any amendment thereto) in recordable form and in form reasonably requested by Lessee. 33. DATE OF THIS LEASE. Any reference in this Lease to the words "date of this Lease" shall be deemed to be the date this Lease is executed by the party last 34 executing same and delivered to all parties, and fully effective. 34. ENTIRE AGREEMENT: VENUE. This Lease constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Lease may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Lease shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Lease and this Lease shall be interpreted in favor of this Lease. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Lease, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 35. MEDIATION. In the event of a dispute between the parties in connection with this Lease, the parties shall have the right (but not the obligation) to agree in writing (signed by both parties) to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit, which mediator shall be mutually acceptable to the parties. 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. 36. ENVIRONMENTAL COMPLIANCE: ENVIRONMENTAL CONTAINMENT AND REMOVAL. (a) Lessee acknowledges and agrees that Lessor makes no representations or 35 warranties whatsoever as to whether any pollutant, or hydrocarbon contamination, hazardous materials, petroleum, fuel, or other contaminates or regulated materials (collectively, "Regulated Materials") exist on or in the Premises or the improvements that would constitute a violation of any federal, state, county or local law, rule, or regulation or in violation of directive of any federal, state or local court or entity with jurisdiction of such matter. Lessor agrees to provide to Lessee all information in Lessor's possession, custody or control (or that comes into its possession, custody or control during the Term of this Lease) regarding environmental conditions at the Premises and the Airport. Lessor and Lessee hereby acknowledge that they have received copies of the Site Assessments relating to the Premises which are listed on Exhibit "D" attached hereto and hereby made a part hereof. Notwithstanding any other provision of this Lease to the contrary, the presence of, and/or any required remediation, testing monitoring, or reporting in cOllllection with, Regulated Materials on, under, at or in the Premises or improvements (i) which were present or existing on or prior to the date (the "Environmental Trigger Date") which shall be the later of (x) the Effective Date of this Lease and (y) the date the Lessee assumed possession ohhe entire Premises, or (ii) which become present on the Premises as a result of actions or inactions of Lessor and/or any Lessor Parties, shall be the sole obligation, responsibility and liability of the Lessor. Lessor hereby agrees, subject to the provisions of Florida Statutes §768.28, to indemnify, defend and hold Lessee hannless and to accept full responsibility and liability, for the cost of cleanup and for any penalties or fines imposed as a result of the existence of Regulated Materials or of a violation of any federal, state, county, or local law, rule, or regulation, or of any order or directive of any federal, state, or local Court or entity with 36 jurisdiction of such matter, if such Regulated Materials or violation existed on or prior to the Environmental Trigger Date or became present on the Premises after the Environmental Trigger Date as a result of actions or inactions of Lessor and/or any Lessor Parties. Lessee is responsible for all cost of cleanup and for any fines as a result of any activity on the Premises by or on behalf of Lessee from the Environmental Trigger Date until termination of the Lease. (b) Lessee shall, within a reasonable time, and upon written request from the Airport Director, provide the Airport Director with a list of all Regulated Materials, which Lessee stores or uses on the Premises while Lessee is in possession of such Premises. (c) Lessee agrees to comply with all existing and future applicable federal, state, local and County environmental laws, ordinances and regulations, and the requirements of any Development Order covering the Airport, issued to St. Lucie County pursuant to Chapter 380, Florida Statutes, including without limitation those addressing the following: (i) Proper use, storage, treatment and disposal of Regulated Materials, including contracting with a licensed hazardous waste transporter and/or treatment and disposal facility to assume proper transport and disposal of hazardous waste and other Regulated Materials; (ii) proper control, disposal and treatment of storm water runoff if generated on Premises, including the construction and installation of adequate pre- treatment devices or mechanisms on the Premises, if required for the operation of the Premises by Lessee, provided however that the provisions of this clause 36( c )(ii) shall not 37 limit in any way Lessor's obligations and responsibilities pursuant to Section 36(d) of this Lease; (iii) Adequate inspection, licensing, insurance, and registration of existing and future storage tanks,storage systems, and ancillary facilities to meet all applicable County, local, state and federal standards, including the installation and operation of any required monitoring devices and leak detection systems; and (iv) Adequate facilities on the Premises for management, and, as necessary, pretreatment of industrial waste, industrial wastewater, and Regulated Materials and the proper disposal thereof; and (d) Any modifications to the Premises, including, but not limited to, installation of adequate pretreatment devices or mechanisms necessary to comply with all existing County, local, state, and federal standards related to the Lessee's operations shall be at the sole expense of Lessee. Any modifications to any common systems (including, without limitation, the stormwater treatment system) for the Airport shall be the responsibility of the Lessor, provided however Lessor shall take such actions as shall be necessary to insure that such modifications shall not adversely affect Lessee, the Premises and/or Lessee's operations at the Premises. (e) The release by Lessee of any Regulated Materials on the Premises, or as a result of Lessee's operations at the Airport, that is in an amount that is in violation of any applicable federal, state, County or local law, rule or regulation or in violations of any order or directive of any federal, state, or local court of government authority, by Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee of its sublessees, shall be, at the Lessee's expense, and upon demand 38 of County or any of its agencies or any local, state, or federal regulatory agency, immediately contained or removed to meet the requirements of applicable environmental laws, rules and regulations. If the Lessee does not take action immediately to have such Regulated Materials contained, removed and abated, the County or any of its agencies may upon reasonable notice to Lessee (which notice shall be written unless an emergency situation exists) undertake the removal or containment of all Regulated Materials, which removal or containment shall be at Lessee's cost; however, any such action by the County or any of its agencies shall not relieve the Lessee of its obligations under this or any other provision of this Lease or as imposed by law. No action taken by either the Lessee or the County to contain or remove Regulated Materials, or to abate a release, whether such action is taken voluntarily or not, shall be construed as an admission of liability as to the source of or the person who caused the pollution or its release. As used in this Lease, Lessee's operations and Lessee's actions and words of similar import, shall include all actions and inaction by Lessee, by its sublessees, or by any of their officers, employees, contractors, subcontractors, invitees, or agents. (f) As required by applicable environmental laws and regulations, Lessee shall provide the federal, state, County and Local required regulatory agencies with notice of spills, releases, leaks or discharges (collectively, "Release") of Regulated Materials by Lessee on the Premises or on the Airport property which exceeds an amount required to be reported to any local, County, state, or federal regulatory agency under applicable environmental laws, rules and regulations. Lessee shall further provide the Airport Director with written notice within one (1) business day following commencement of same, of the curative measures, remediation efforts and/or monitoring 39 activities to be effected on the Premises. Lessee shall have an updated contingency plan in effect relating to such Releases which provide minimum standards and procedures for storage of Regulated Materials, prevention and containment of spills and Releases, and transfer and disposal of Regulated Materials. The contingency plan shall describe design features, response actions, and procedures to be followed in case of Releases or other accidents involving Regulated Materials. Lessee agrees to permit entry at all reasonable times and after reasonable written notice of inspectors of the County and of other regulatory authorities with jurisdiction. (g) The Airport Director, upon reasonable written notice to Lessee, shall have the right to inspect all non-privileged documents relating to the environmental condition of the Premises, which may include without limitation, the Release of any Regulated Materials at the Premises, or any curative, remediation, or monitoring efforts, and any documents required to be maintained by Lessee under applicable environmental laws, rules and regulations pertaining to the Airport including, but not limited to manifests evidencing proper transportation and disposal of Regulated Materials, environmental site assessments, and sampling and test results. Lessee agrees to allow inspection of the Premises by appropriate federal, state, County, and local agency personnel in accordance with applicable environmental laws, rules and regulations and as required by any development order issued to the County pertaining to the Airport, pursuant to Chapter 380, Florida Statutes. (h) If the County arranges for the removal of any Regulated Materials on the Premises that were caused by the Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or its sublessees, all 40 reasonable, out-of-pocket costs of such removal incurred by the County shall be paid by the Lessee to the County within ten (10) calendar days of County's written demand, with interest at the rate of eighteen percent (18%) per annum thereafter accruing, provided that Lessee has been provided with written notice of the existence of such Regulated Materials and a reasonable opportunity of not less than ten (10) business days to remove such Regulated Materials on its own. (i) Lessee shall not be liable for the Release of any Regulated Materials caused by anyone other than Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or any of its sublessees. Nothing herein shall relieve Lessee of its general duty to cooperate with the County ascertaining the source and, containing, removing and abating any Regulated Materials Released on the Premises. The Airport Director and Lessor shall cooperate with the Lessee with respect to Lessee's obligations pursuant to these provisions, including making public records available to Lessee in accordance with Florida Law; provided, however, nothing herein shall be deemed to relieve Lessee of its obligations hereunder or to create any affirmative duty of County to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with County codes, ordinances, rules and regulations, development orders and grant agreements. The Airport Director and its employees, contractors, subcontractors, and agents, upon reasonable written notice to Lessee, and the federal, state, local and other County agencies, and their employees, contractors, and agents, at times in accordance with applicable laws, rules and regulations, shall have the right to enter the Premises for the purposes of the foregoing activities and conducting 41 such environmental assessments (testing or sampling), inspections and audits as it deems appropriate. G) In the event Lessor shall arrange for the removal of Materials on the Premises that are not the responsibility of the Lessee to correct, and if any such clean-up activities by Lessor shall prevent Lessee from using the Premises for the purposes intended, the rent and other charges hereunder shall be abated, from the date that the use of the Premises for its intended purposes is precluded and until the Premises again become available for the Lessee's use. Lessor shall use reasonable efforts to not disrupt Lessee's business, however, in no event shall Lessee be entitled to any amount on account or lost profits, lost rentals, or other damages as a result of Lessor's clean-up activities. 37. LEASEHOLD MORTGAGEE. (a) Notwithstanding anything in this Lease to the contrary, Lessor and Lessee agree as follows: (1) Lessee shall have the right, at any time and from time to time, to (i) execute and deliver one or more mortgages or deeds of trust encumbering this Lease (each, a "Leasehold Mortgage"; and the holder of any Leasehold Mortgage being referred to herein as a "Leasehold Mortgagee") and (ii) assign (absolutely or collaterally) this Lease and any or all of Lessee's rights under this Lease to any Leasehold Mortgagee. If there is more than one Leasehold Mortgagee at any particular time, then each Leasehold Mortgagee will be entitled to the rights in favor of Leasehold Mortgagees contained herein, provided, however, if the provision of such rights to two Leasehold Mortgagees is not possible, then such 42 rights shall be granted only to the more senior Leasehold Mortgagee (the "Senior Leasehold Mortgagee"). For the avoidance of doubt, it is acknowledged and agreed that (i) nothing contained in this Lease shall operate to prevent Lessee from obtaining so-called "mezzanine financing", provided that same does not constitute a direct encumbrance on Lessee's Leasehold estate and (ii) any such mezzanine financing that would constitute an encumbrance on Lessee's leasehold estate shall be a Leasehold Mortgage pursuant to the provisions of this Section 37. (2) If any Leasehold Mortgagee requires any reasonable modification to this Lease, Lessor shall promptly execute and deliver to Lessee an instrument effecting such modification, provided that any such modification does not modify any of the economic terms of this Lease and does not otherwise materially adversely affect Lessor's rights or obligations hereunder. (3) Upon the request by any Leasehold Mortgagee, Lessor shall deliver such reasonable documents and agreements as shall be requested by Lessee or such Leasehold Mortgagee to confirm any matter relevant to this Lease, including an estoppel certificate relating to the status of rent and other payments and the performance by Lessee of its obligations hereunder and such other information as such Leasehold Mortgagee shall reasonably request. (4) No Leasehold Mortgagee shall have any liability under this Lease unless and until such Leasehold Mortgagee (or its designee) actually becomes the owner of Lessee's leasehold estate through foreclosure or the exercise of its remedies under the Leasehold Mortgage and, thereafter, such Leasehold 43 Mortgagee (or its designee) shall remain liable for such obligations only so long as it remains the owner of Lessee's leasehold estate. (5) For the avoidance of doubt, Lessor acknowledges and agrees that (i) Lessee's default as mortgagor under a Leasehold Mortgage shall not, in and of itself, constitute a default under this Lease and (ii) any exercise of remedies under a Leasehold Mortgage (including foreclosure by the applicable Leasehold Mortgagee (or its designee» shall not require Lessor's consent or constitute a default under this Lease. (6) If the Leasehold Mortgagee or its designee (each, a "Successor Lessee") acquires Lessee's interest in this Lease through the exercise of remedies or enters into a New Lease (as hereinafter defined), then (i) Lessor shall recognize such Successor Lessee as Lessee under this Lease, or under the New Lease, as applicable, (ii) any defaults under this Lease specific to Lessee or of a nature that they cannot be cured by the Successor Lessee (such as the bankruptcy of Lessee) (collectively, the "Lessee-Specific Defaults") shall no longer be defaults under this Lease, and (iii) the Successor Lessee shall not be bound by any "Modification" (as hereinafter defined) made at any time to this Lease or the New Lease without such Leasehold Mortgagee's prior written consent to any such Modifications. (7) If the Lessee grants a Leasehold Mortgage, Lessor agrees to execute a subordination agreement with the Leasehold Mortgagee pursuant to which Lessor subordinates any statutory or cornman law lien Lessor may have on the personal property of Lessee or on improvements Lessee constructs on the 44 Premises, provided, however, that Lessor shall not subordinate any rights which Lessor may have upon the expiration or temlination of this Lease to the improvements constructed on the Premises. (b) Notwithstanding anything to the contrary in this Lease, if Lessee enters into any Leasehold Mortgage, and the Leasehold Mortgagee or Lessee has given Lessor notice thereof and of Leasehold Mortgagee's address for notices, then: (1) Neither Lessor nor Lessee shall make, and Lessor and Lessee shall not agree to, any modification, or any cancellation, termination or surrender of this Lease, or waiver of any rights under this Lease (any of the foregoing being referred to as a "Modification"), without such Leasehold Mortgagee's prior written consent. Any such Modification made or entered into without such Leasehold Mortgagee's prior written consent shall not be effective and shall not bind such Leasehold Mortgagee or any Successor Lessee. (2) Wherever this Lease allows Lessee to initiate any claims against Lessor, such Leasehold Mortgagee may exercise such right in Lessee's name. Promptly after either (i) Lessor becomes aware of any such claim or (ii) the initiation of a proceeding to resolve any dispute hereunder, Lessor shall so notify such Leasehold Mortgagee and, in such event, such Leasehold Mortgagee may participate in such proceeding and/or the resolution of any such claim. (3) Lessor shall give a copy to such Leasehold Mortgagee (by a means permitted by this Lease) of: (i) any notice under this Lease given to Lessee (simultaneously with delivery to Lessee), and (ii) any notice received by Lessor 45 from any legal authority or insurance carrier relating to the Premises (within two (2) days after Lessor's receipt of same). (4) Any Leasehold Mortgagee may at any time exercise any or all rights or remedies of Lessee under this Lease, including Lessee's renewal rights, if any, and rights to give any notices undcr this Lease. (5) If a default hereunder occurs and Lessee does not cure it within the cure period under this Lease, then Lessor shaH promptly give such Leasehold Mortgagee notice thereof (the "Cure Expiration Notice"), in which event such Leasehold Mortgagee shaH have an additional time period to cure such default as follows: (i) in the case of a monetary default, an additional forty-five (45) days beyond the date upon which such Leasehold Mortgagee shall have received the Cure Expiration Notice and (ii) in the case of a non-monetary default, an additional ninety (90) days beyond the date upon which such Leasehold Mortgagee shall have received the Cure Expiration Notice, except that if such non-monetary default is of a nature that it cannot be cured within such time, then such additional time as is necessary to remedy same (provided that Leasehold Mortgagee is using diligent efforts to remedy same). Without limitation of the foregoing, Lessor (x) acknowledges that some defaults by Lessee are not susceptible of cure by such Leasehold Mortgagee unless and until such Leasehold Mortgagee obtains possession of the Premises and such obtaining of possession may be delayed by Lessee's actions, including delayed by Lessee filing for bankruptcy and (y) agrees that such Leasehold Mortgagee's prosecution of 46 diligent efforts to obtain such possession shall be deemed to be included within such Leasehold Mortgagee's time to cure in clause (ii) above. (6) Lessor and Lessee authorize such Leas~hold Mortgagee to enter the Premises, and take any actions, as reasonably necessary to cure any defaults. (c) Notwithstanding anything in this Lease to the contrary, Lessor and Lessee agree as follows: (1) If this Lease shall have been terminated for any reason whatsoever or if it is rejected by Lessee or a trustee in any bankruptcy proceeding, then (in addition to any other notice that Lessor is required to give) Lessor shall, within ten (10) business days of the date that Lessor receives notice of same, notify each Leasehold Mortgagee. Such notice shall describe the basis upon which this Lease was terminated (or rejected) and describe all uncured defaults in reasonable detail. Upon a Leasehold Mortgagee's request (the "New Lease Request") given within ninety (90) days (the "90-Days Period") following receipt of Lessor's notice advising of the termination of this Lease, Lessor shall enter into a new lease for the balance of the term hereof and upon all of the same terms and conditions of this Lease and in the same form as this Lease (a "New Lease") with Successor Lessee and such New Lease shall have the same priority as the terminated lease, provided that after the effectiveness of such New Lease, the Successor Lessee shall cure any defaults which are not Lessee-Specific Defaults. (2) On the commencement of the term of the New Lease, Lessor shall assign and convey without recourse to the Successor Lessee, Lessor's interest in all: (i) moneys (including insurance and condemnation proceeds), if any, then 47 held by, or payable to, Lessor that Lessee or Leasehold Mortgagee would have been entitled to receive but for the termination, (ii) leases (including any leases that were f0TI11erly subleases arising from the terminated Lease), which leases, upon suchassigmnent by Lessor to Successor Lessee, shall become subleases, (iii) security and/or other deposits of subtenants, and (iv) all improvements. (3) Between the date of the termination of this Lease and the earlier of the commencement of a New Lease or the expiration of the 90-Days Period without the delivery of a New Lease Request: (i) any subleases shall temporarily be in the nature of direct leases between Lessor and the former subtenant; (ii) Lessor shall not cancel any such direct lease or sublease; and (iii) Lessor shall not enter into any new lease of the Premises or any portion thereof. (4) All rights of any Leasehold Mortgagee, and obligations of Lessor, regarding a New Lease shall survive termination (or rejection in bankruptcy) of this Lease. (d) Notwithstanding anything in this Lease to the contrary, Lessor and Lessee agree as follows: (1) Notwithstanding anything to the contrary in any mortgage encumbering Lessor's fee interest, any such fee mortgage is subject and subordinate to this Lease and any amendment, renewal or modification of this Lease and any Leasehold Mortgage. Without limitation of the foregoing, for so long as there is a Leasehold Mortgage in effect at the time of a casualty and/or condemnation event, then no mortgagee under any mortgage encumbering Lessor's fee interest shall have any right to receive any insurance or 48 condemnation proceeds. Lessor and Lessee hereby acknowledge and agree that as of the date hereof, Lessor does not have the right to encumber Lessor's fee interest in the Premises with a mortgage. (2) Upon request, each Leasehold Mortgagee shall be named as an "Additional Insured" on Lessee's insurance policies, and in the event of any casualty affecting all or any portion of the improvements on the Premises: (i) the Senior Leasehold Mortgagee shall be entitled to participate in the adjustment of losses with the insurance company, (ii) all insurance proceeds otherwise payable to Lessee or Lessor or both shall be distributed to the Senior Leasehold Mortgagee, and (iii) the Senior Leasehold Mortgagee may determine, in its sole discretion, to apply llilY insurance proceeds to the payment of the indebtedness outstanding under such Leasehold Mortgage, to disburse them for restoration and/or repair, or to otherwise disburse them to Lessee to be used as Lessee determines. If there are proceeds remaining after disbursement to the Senior Leasehold Mortgagee as hereinabove provided, same shall be disbursed to any second priority Leasehold Mortgagees as hereinabove provided before any distribution thereof is required to be made to Lessee. (3) In the event of any condemnation affecting all or any portion of the Premises: (i) each Leasehold Mortgagee shall have the right to intervene and be made a party to any such condemnation proceedings, (ii) Lessee's interest in any award or damages for such taking is hereby set over, transferred and assigned by Lessee to each Leasehold Mortgagee (in the priority of their respective Leasehold Mortgages), and (iii) the Senior Leasehold Mortgagee may determine, in its sole 49 discretion, to apply any condemnation awards to the payment of the indebtedness outstanding under such Leasehold Mortgage, to disburse them for restoration and/or repair, or to otherwise disburse them to Lessee to be used as Lessee determines. If there are proceeds remaining after disbursement to the Senior Leasehold Mortgagee as hereinabove provided, same shall be disbursed to any second priority Leasehold Mortgagees as hereinabove provided before any distribution thereof is required to be made to Lessee. (e) There shall be no merger of the leasehold estate created hereby with the fee or any other estate or interest in the Premises, or any part thereof, by reason of the fact that the same person may acquire, own or hold the leasehold estate and the fee or any other estate or interest. (f) Each loan and the loan documents pertaining thereto may, from time to time, be extended, modified, renewed, refinanced, cross-collateralized, consolidated, securitized, participated, amended and restated, III the Leasehold Mortgagee's sole discretion and without Lessor's consent. (g) If a Successor Lessee, directly or indirectly takes title to any of the Premises, or if a New Lease is entered into pursuant to Section 37(c), above, the Successor Lessee shall itself perform any or all of the services required or permitted under this Lease, or it may do so by contracting with, or subletting the Premises to, a third party (including a fixed base operator), to provide such services. The provisions of this Section shall survive the expiration or other termination of this Lease. 50 38. TITLE. Notwithstanding any other provision of this Lease to the contrary, Lessor hereby acknowledges, agrees, represents and covenants that until the due recording of both (a) either this Lease or a notice or memorandum of this Lease, and (b) an assignment of this Lease to Treasure Coast FBO, LLC, (collectively, the "Recording"), Lessee's interest under this Lease shall remain subject only to the liens, encumbrances and state of facts with respect to this Lease and the Premises that exist as on , 2008] 39. NONDISCRIMINATION PROTECTION. Lessor shall properly maintain, operate and manage the Airport (including all systems) at all times in a safe manner, according to generally accepted good practices in the State of Florida for airports of similar size and character. In no event shall the services provided by Lessor hereunder be less than those provided to any other tenants, occupants and/or fixed base operators operating at the Airport or any other airport owned or operated by Lessor. Lessor shall not make arrangements (including with respect to fees, rent and/or other charges) with any other person or party, unless such other or future agreement for the same operation(s) or substance shall be on terms or conditions no more favorable than those granted to Lessee under this Lease. 40. NOTICE OF ANY FUTURE "REQUEST FOR PROPOSALS". Lessor shall provide at least three (3) months' prior written notice to Lessee, in each instance where Lessor intends to issue a Request for Proposal for the development of other land at the Airport. Prior to the issuance of any future Request for Proposal, Lessor shall hold an informational meeting with the tenants of the Airport at such time and the public to discuss the impact of any such contemplated Request for Proposal. 51 41. ESTOPPEL CERTIFICATES. Lessor and Lessee agree, that upon the request of the other, it shall deliver an estoppel certificate to the requesting party confirming whether or not this Lease has been amended, whether or not either party is in default hereunder, the status of rent and other payments due hereunder, and such other information as the requesting party shall reasonably request. 42. RENT ABATEMENT. If Lessee, through no fault of its own, suffers loss: (i) by being prevented from using the public portion and public facilities of the Airport (for any reason other than an act of God); or (ii) because any governmental agency through its sovereign power, stops, suspends or seriously limits the Lessee's use of the public portion and public facilities of the Airport (excluding, however, any condemnation, the terms of which are addressed in Section 16 hereof) (either of the conditions described in clauses (i) and (ii) above, is herein collectively referred to as a "Suspension"), then (a) if the Suspension occurs for a period of more than fourteen (14) (or, in the case of a "Runway Rehabilitation" (defined below), thirty (30)) consecutive days, Annual Rent (and all other charges under this Lease) shall abate from and after the fifteenth (15th) day (or, in the case of a Runway Rehabilitation, the thirty- first (31st) day) of any such Suspension, until such time as Lessee shall have the right to use all such public portions and public facilities of the Airport, and (b) notwithstanding the foregoing clause (a), if the Suspension occurs (I) for any thirty (30) days (whether or not consecutive) during any consecutive twelve (12) calendar month period (each such period, an "Abatement Year") during which a Runway Rehabilitation has not occurred, then from and after the thirty-first (31st) day of Suspension during the applicable Abatement Year (without regard for whether any of the prior thirty (30) days 52 of Suspension were consecutive), Arumal Rent (and all other charges under this Lease) shall abate as to each day of Suspension thereafter during such applicable Abatement Year (whether or not such Suspension is part of a consecutive 14-day period, or in the case of a Runway Rehabilitation, a consecutive 30-day period), and (II) for any forty- five (45) days (whether or not consecutive) during any Abatement Year during which a Runway Rehabilitation has occurred, then from and after the forty-sixth (46th) day of Suspension during the applicable Abatement Year (without regard for whether any of the prior forty-five (45) days of Suspension were consecutive), Annual Rent (and all other charges under this Lease) shall abate as to each day of Suspension thereafter during such applicable Abatement Year (whether or not such Suspension is part of a consecutive 14-day period, or in the case of a Runway Rehabilitation, a consecutive 30- day period). If any Suspension shall continue for more than three hundred sixty five (365) days, then in addition to any and all other rights and remedies set forth in this Lease, Lessee shall have the option to terminate this Lease, in which event all rent and fees or any other monies payable by Lessee under this Lease shall be apportioned to the date of termination and the parties shall have no further obligation to each other hereunder, except for any obligations which have accrued or which are expressly stated herein to survive the termination of this Lease. As used herein, the term "Runway Rehabilitation" means any total rehabilitation overlay of Runway 9/27. Lessor agrees to cause any Runway Rehabilitation to be performed in an expeditious manner in order to complete such rehabilitation as soon as possible. 43. BROKERAGE. Each party represents and warrants to the other, that no broker, agent or finder (a) negotiated or was instrumental in negotiating or consummating 53 this Lease on its behalf, and (b) is or might be entitled to a commission or compensation in connection with this Lease. Each party indemnifies and holds hannless the other from and against any losses, costs, expenses and liabilities (including reasonable attorneys' fees and enforcement costs) arising out of the falsity of its respective representation contained in this Section. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. 44. CONSENT. Lessor hereby represents, warrants and covenants that Lessor has duly consented to (i) all prior assignments of the Prior Lease and/or any interests therein or thereunder and/or all prior transfers of any interest in any current or prior lessee under the Prior Lease (including transfers of control of any such lessee), (ii) all prior and/or existing subleases (collectively, the "Subleases") made by Lessee (or a predecessor in interest) under the Prior Lease, (iii) all sub-subleases and assignments of any Subleases and/or other interests in any Subleases and (iv) all assignments and/or transfers of buildings, structures, hangars and/or any other improvements on the Premises. IN WITNESS WHEREOF, Lessee has executed this Lease on this day of ,2008. LESSEE ATTEST: AIR CHARTER OF FLORIDA, INC., a Florida corporation BY: Name: Title: Name: Title: 54 Name: Title: STATE OF ) ) ss ) COUNTY OF BEFORE ME, the undersigned authority, personally appeared , being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this _ day of ,2008. Notary Public State of My Conunission Expires: (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: IN WITNESS WHEREOF, Lessor has executed this Lease on this _ day of ,2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Name: Title: CHAIRMAN Name: Title: APPROVED AS TO FORM AND CORRECTNESS: Name: Title: Name: Title: COUNTY ATTORNEY 55 STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) ) ss BEFORE ME, the undersigned authority, personally appeared JOSEPH SMITH, chairman of the St. Lucie County Board of County Commissioners, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this _ day of , 2008. My Commission Expires: Personally Known _ Produced Identification Type of Identification Produced: 56 Notary Public State of Florida (Notary Seal) EXHIBIT "A" LltGAL DESCRIPTION OF PREMISES EXHIBIT "B" SCHEDULE OF INSURANCE EXHIBIT "C" MITIGATION AREA EXHIBIT "D" SITE ASSESSMENTS 61 EXHIBIT" A" LEGAL DESCRIPTION OF PREMISES PARCEL 1: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND, SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY SECONDARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT AZ MK 1989"; THENCE, BEARING SOUTH 45°08'02" WEST, A DISTANCE OF 700.79 FEET TO A POINT ON THE CENTERLINE OF TAXIWAY CHARLIE; THENCE, BEARING SOUTH 44°51'58" EAST, ALONG SAID CENTERLINE AND AN EXTENSION THEREOF, A DISTANCE OF 301.83 FEET TO A POINT; THENCE, BEARING SOUTH 45°04'26" WEST, A DISTANCE OF 14.88 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 50°08'41" EAST, A DISTANCE OF 125.64 FEET TO A POINT; THENCE, BEARING SOUTH 00°26'26" EAST, A DISTANCE OF 589.00 FEET TO A POINT; THENCE, BEARING SOUTH 89°52'26" WEST, A DISTANCE OF 1,044.20 FEET TO A POINT; THENCE, BEARING NORTH 00°26'26" EAST, A DISTANCE OF 283.00 FEET TO A POINT; THENCE, BEARING SOUTH 88°00'53" EAST, A DISTANCE OF 533.03 FEET TO A POINT; THENCE, BEARING NORTH 45°04'26" EAST, A DISTANCE OF 576.72 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAINS AN AREA OF 398,365 SQUARE FEET OR 9.15 ACRES, MORE OR LESS. PARCEL 2: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY SECONDARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT AZ MK 1989" WITH A NORTHING COORDINATE OF 1,147,261.77 FEET AND AN EASTING COORDINATE OF 863,206.35 FEET, BASED ON THE NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT; THENCE BEARING NORTH 44°04'24" WEST, A DISTANCE OF 801.74 FEET TO A POINT; THENCE BEARING NORTH 45°55'36" EAST, A DISTANCE OF 285.90 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE BEARING NORTH45°08'37" EAST, A DISTANCE OF 378.75 FEET TO A POINT; THENCE BEARING SOUTH 84°51'00" EAST, A DISTANCE OF 192.77 FEET TO A POINT; THENCE BEARING SOUTH 44°51'23" EAST, A DISTANCE OF 868.53 FEET TO A POINT; THENCE BEARING SOUTH 45°08'37" WEST, A DISTANCE OF 503.56 FEET TO A POINT; THENCE BEARING NORTH 44°48'17" WEST, A DISTANCE OF 1016.21 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 502,110 SQUARE FEET OF 11.53 ACRES, MORE OR LESS. Cf) r+ ï s::: o m' C") o s::: ::J ... '< ;:¡ ... (þ ., ;:¡ 11l ... Õ· ;:¡ 11l » ::;. "C o .;¡ G) () ::¡ CD ..., !!!.. » < ilï .- õ' ::¡ s::: 2. 3 s::: 3 (f) .- 11l ::¡ Cl.. l1l ..., Cl.. en Õ OJ -- o OJ Õ .:::::! !~ ~ ;c ;ë~ ~ß1oc. ::O()Z~ cñ ::r 3:1- oOm!!:i Ogzc. c -I ;:0 3: =1 > " ."'OICll ï:J ~gcro en~ > ëil -,> !!! -I r õ",:::¡ z-=-'"-< g~ I· ~o 0 g 3· 1 ~E: ::r .Y) ctL·' ~g; ·O:CJ) o ~~ : 8 ~J': ·····..,---3· :~.F:., m ~, ,. =- I \. r- 3' $'. ro' , e: - [ - c t: -g.. :.: -8 ~ '_", :.:: .0 _. . 0 gi... § ~ . -I); ;:0' P ß .. g c. 1 0 :;.:: I· '" 131' II '. §. g_1 'I-r I, '--,' 3' '" I '. I "" I.:.. ,.' 1; , .;; ~ '" o - I " o o o o o I-- .. . . 1 - ,I I I I· I 1 , , - ;:0 ro . . .0 to --, @" Q. ¿ =' g a- m' ~. «« ~ Gl g 0 "0 '.§ . 1 I. . I EXHIBIT "B" INSURANCE REQUIREMENTS . 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"CCDO i ~ 3 -0 " ~~~ t mwc.. ~i 3 .... OJ ~m~ !D ~tg ~ ~ ëi' I: () ..... -ê B!. 'f) ~ @"-ë" .... OCD ~ 2. CD '" ãlCD lC -If) CD-o ::ï a ma. ::I~ m- 3'" o III c ::> ::Ie. -0 :>0 03 ""'-0 mm If) ..... ",ro .....0. :To m-o ::I CD ~ª- "oõ' 0::1 0'" "o"c: 0::> 0= o ro ::> '" ro a. M, ~ ;¡: tî ~ .-.. ': 3: ~Z 13: ì: c: ¡; 3: iz 'en "c: be '» F·z í' (') ;'m 0::a » " IB =1 . c: » (,- (") . ::a J: m¡¡: ¡¡:m mz Z-I .-1 ~.£! » EXHIBIT "C" TAXES DUE AS OF MARCH 31,2008 Air Charter of Florida, Inc. - $1,162.40 Mobarak Aircraft, LLC - $6,260.40 EXHIBIT "D" SITE ASSESSMENTS 1. Limited Phase II Environmental Site Assessment conducted on Jet Service Center - Paint Hangar 3915, St. Lucie County Airport, ECS Project No. 25-1322, February 18, 2008, prepared for Joseph F. Houston, prepared by ECS, LLC, Florida. 2. Limited Phase II Environmental Site Assessment conducted on Jet Service Center - 313IJet Center Terrace, St. Lucie County Airport, ECS Project No. 25-1322 A-D, February 22,2008, prepared for Joseph F. Houston, prepared by ECS, LLC, Florida. 58 This Instrument Prepared By: Duval & Stachenfeld LLP 300 East 42nd Street, Third Floor New York, New York 10017 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (this "Memorandum") is made and entered into effective this r 1 day of r 1, 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Lessor"), and AIR CHARTER OF FLORIDA, INC., a Florida corporation ("Lessee"). WITNESSETH: Lessor, for and in consideration of the rents to be paid and the other covenants and agreements to be kept and performed by Lessee as set forth in that certain Second Amended and Restated Lease Agreement (the "Lease"), between Lessor and Lessee, dated [ 1, 2008, does lease to Lessee, and Lessee does take and lease from Lessor, all that certain tract or parcel of land, together with all improvements thereon and all appurtenances thereto situated, lying and being in St. Lucie County, Florida, and being described as set forth in Exhibit A attached hereto and made a part of this Memorandum (the "Premises"). TO HAVE AND TO HOLD the same subject to all the provisions and conditions contained in the Lease. 1. The rate of rental and all terms of Lessee's occupancy are set forth in the Lease. 2. The term of the Lease commenced on r 1, 2008, and shall end at midnight on r 1. The Lease provides Lessee with options to extend the term for at least a [twenty (20)] year extension period. 3. The sole purpose of this instrument is to give notice of the Lease and all of its terms, covenants and conditions to the same extent as if the same were fully set forth herein. In the event of any inconsistency between the terms of this Memorandum and the Lease, the terms of the Lease shall govern and control. 4. Pursuant to Section [6] of the Lease and Section 713.10, Florida Statutes, the right, title and interest of Lessor in the Premises shall not be subject to any liens resulting from any indebtedness incurred by Lessee and/or any improvements made to the Premises by Lessee. 5. Pursuant to Section [15(i)] of the Lease and applicable law, if certain property is released from the Premises, then Lessee shall retain, during the term of the Lease, an option to lease such released portion of the Premises in accordance with the terms of the Lease. (Remainder of page intentionally left blank; signatures on the following pages) I IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as ofthe day and date first above written. LESSEE: AIR CHARTER OF FLORIDA, a Florida corporation ATTEST: By: Name: Title: Name: Title: Name: Title: STATE OF COUNTY OF SS. BEFORE ME, the undersigned authority, personally appeared being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this _ day of , 2008. Notary Public State of My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: LESSOR: BOARD OF COUNTY COMMISSIONERS S1'. LUCIE COUNTY, FLORIDA ATTEST: By: Name: Title: Chairman Name: Title: Name: Title: 2 APPROVED AS TO FORM AND CORRECTNESS: Name: Title: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE SS. BEFORE ME, the undersigned authority, personally appeared being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this _ day of , 2008. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: STATE OF FLORIDA COUNTY OF ST. LUCIE SS. BEFORE ME, the undersigned authority, personally appeared being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this day of , 2008. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: 3 EXHIBIT A Property Description (Attached hereto) 4 EXHIBIT "A" LEGAL DESCRIPTION OF PREMISES PARCEL 1: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND, SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES, SAID LANDS BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY SECONDARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT AZ MK 1989"; THENCE, BEARING SOUTH 45°08'02" WEST, A DISTANCE OF 700.79 FEET TO A POINT ON THE CENTERLINE OF T AXIW A Y CHARLIE; THENCE, BEARING SOUTH 44°51'58" EAST, ALONG SAID CENTERLINE AND AN EXTENSION THEREOF, A DISTANCE OF 301.83 FEET TO A POINT; THENCE, BEARING SOUTH 45°04'26" WEST, A DISTANCE OF 14.88 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 50°08'41" EAST, A DISTANCE OF 125.64 FEET TO A POINT; THENCE, BEARING SOUTH 00°26'26" EAST, A DISTANCE OF 589.00 FEET TO A POINT; THENCE, BEARING SOUTH 89°52'26" WEST, A DISTANCE OF 1,044.20 FEET TO A POINT; THENCE, BEARING NORTH 00°26'26" EAST, A DISTANCE OF 283.00 FEET TO A POINT; THENCE, BEARING SOUTH 88°00'53" EAST, A DISTANCE OF 533.03 FEET TO A POINT; THENCE, BEARING NORTH 45°04'26" EAST, A DISTANCE OF 576.72 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAINS AN AREA OF 398,365 SQUARE FEET OR 9.15 ACRES, MORE OR LESS. PARCEL 2: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY SECONDARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT AZ MK 1989" WITH A NORTHING COORDINATE OF 1,147,261.77 FEET AND AN EASTING COORDINATE OF 863,206.35 FEET, BASED ON THE NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT; THENCE BEARING NORTH 44°04'24" WEST, A DISTANCE OF 801.74 FEET TO A POINT; THENCE BEARING NORTH 45°55'36" EAST, A DISTANCE OF 285.90 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRlBED PARCEL: THENCE BEARING NORTH45°08'37" EAST, A DISTANCE OF 378.75 FEET TO A POINT; THENCE BEARING SOUTH 84°51'00" EAST, A DISTANCE OF 192.77 FEET TO A POINT; THENCE BEARING SOUTH 44°51'23" EAST, A DISTANCE OF 868.53 FEET TO A POINT; THENCE BEARING SOUTH 45°08'37" WEST, A DISTANCE OF 503.56 FEET TO A POINT; THENCE BEARING NORTH 44°48'17" WEST, A DISTANCE OF 1016.21 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 502,110 SQUARE FEET OF 11.53 ACRES, MORE OR LESS. o ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Agreement") is made and entered into as of this of r 1, 2008 (the "Effective Date") by and between AIR CHARTER OF FLORIDA, INC., a Florida corporation ("Assignor") and TREASURE COAST FBO, LLC, a Delaware limited liability company ("Assignee"). RECITALS WHEREAS, on or about r 1, 2008, Assignor entered into that certain Second Amended and Restated Lease Agreement (the "Lease Agreement"), by and between Assignor, as lessee, and S1. Lucie County, a political subdivision of the State of Florida, successor in interest to the St. Lucie County Port and Airport Authority, as lessor, relating to the premises (the "Premises") described on Exhibit A attached hereto, a memorandum of which is recorded simultaneously herewith; and WHEREAS, Assignor desires to assign to Assignee, and Assignee desires to assume from Assignor, all of Assignor's rights, duties, obligations and liabilities under the Lease Agreement with respect to the Premises from and after the Effective Date (collectively, the "Obligations"). NOW, THEREFORE, in consideration of the foregoing, and for such other good and valuable,--consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Definitions/Recitals Incorporated. Unless otherwise defined in this Agreement, all capitalized terms used herein shall have the meanings ascribed to such terms in the Lease Agreement. The recitals set forth hereinabove in this Agreement are hereby incorporated into this Agreement as if fully set forth herein. 2. Assignment. Assignor hereby transfers, assigns and sets over to Assignee, its successors and assigns, all of Assignor's right, title, and interest in, to and under the Lease Agreement. 3. Assumption. Assignee hereby accepts the assignment and assumes and agrees to be bound by and perform the Obligations. 4. Indemnity. Assignor hereby indemnifies and holds harmless Assignee from and against any and all liabilities, costs, damages and expenses (including, without limitation, attorneys' fees, costs and disbursements and costs incurred in connection with the enforcement of the foregoing indemnification obligation) arising out of the Lease Agreement prior to the Effective Date. Assignee hereby indemnifies and holds harmless Assignor from and against any and all liabilities, costs, damages and expenses (including, without limitation, attorneys' fees, costs and disbursements and costs incurred in connection with the enforcement of the foregoing indemnification obligation) arising out of the Lease Agreement from and after the Effective Date. N:\8428\0013 (St Lucie)IPaint Lease (word doc 11.l4.07)\Assignment of Existing LeaselAssignmcnt v04,doc 5. Miscellaneous. This Agreement: (i) may be executed in multiple counterparts, all of which taken together constitute one and the same instrument; (ii) may not be canceled, modified or amended except by written instrument executed by all parties hereto; (iii) contains the entire agreement between the parties hereto and is entered into after full investigation, with neither party relying upon any statement or representation made by another not contained in this Agreement; and (iv) shall apply to and bind the successors and assigns of Assignee and Assignor. If any term or provision of this Agreement shall, to any extent, be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected and each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. [Signatures on Next Page] N:\8428\00I3 (5t Lucie)IPaint Lease (word doc IJ.14.07)'Assignment ufExisting LeaselAssignmcnt v04.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. ASSIGNOR: Signed, sealed and delivered in the presence of: AIR CHARTER OF FLORIDA, INC., a Florida corporation Print Name: By: Name: Title: Print Name: STATE OF FLORIDA ) ) ss COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared , being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this _ day of , 2008. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF ) ) ss ) COUNTY OF ASSIGNEE: TREASURE COAST FBO, LLC, a Delaware limited liability company By: Name: Title: BEFORE ME, the undersigned authority, personally appeared being duly swom, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this _ day of , 2008. My Commission Expires: Personally Known _ Produced Identification Type of Identification Produced: Notary Public State of (Notary Seal) CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT The undersigned, does hereby consent to that certain Assignment and Assumption Agreement, dated as of r 1, 2008, by and between Air Charter of Florida, Inc., a Florida corporation, and Treasure Coast FBO, LLC, a Delaware limited liability company. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: Name: Title: Chairman Name: Title: Name: Title: APPROVED AS TO FORM AND CORRECTNESS: Name: Title: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE SS. BEFORE ME, the undersigned authority, personally appeared , being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this _ day of ,2008. My Commission Expires: Personally Known _ Produced Identification Type ofIdentification Produced: STATE OF FLORIDA COUNTY OF ST. LUCIE SS. Notary Public State of Florida (Notary Seal) BEFORE ME, the undersigned authority, personally appeared , being duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this _ day of , 2008. My Commission Expires: Notary Public State of Florida (Notary Seal) Exhibit A Premises (Attached hereto) EXHIBIT "A" LEGAL DESCRIPTION OF PREMISES PARCEL 1: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND, SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY SECONDARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT AZ MK 1989"; THENCE, BEARING SOUTH 45°08'02" WEST, A DISTANCE OF 700.79 FEET TOA POINT ON THE CENTERLINE OF TAXIWAY CHARLIE; THENCE, BEARING SOUTH 44°51'58" EAST, ALONG SAID CENTERLINE AND AN EXTENSION THEREOF, A DISTANCE OF 301.83 FEET TO A POINT; THENCE, BEARING SOUTH 45°04'26" WEST, A DISTANCE OF 14.88 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 50°08'41" EAST, A DISTANCE OF 125.64 FEET TO A POINT; THENCE, BEARING SOUTH 00°26'26" EAST, A DISTANCE OF 589.00 FEET TO A POINT; THENCE, BEARING SOUTH 89°52'26" WEST, A DISTANCE OF 1,044.20 FEET TO A POINT; THENCE, BEARING NORTH 00°26'26" EAST, A DISTANCE OF 283.00 FEET TO A POINT; THENCE, BEARING SOUTH 88°00'53" EAST, A DISTANCE OF 533.03 FEET TO A POINT; THENCE, BEARING NORTH 45°04'26" EAST, A DISTANCE OF 576.72 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAINS AN AREA OF 398,365 SQUARE FEET OR 9.15 ACRES, MORE OR LESS. PARCEL 2: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, S1. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY SECONDARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT AZ MK 1989" WITH A NORTHING COORDINATE OF 1,147,261.77 FEET AND AN EASTING COORDINATE OF 863,206.35 FEET, BASED ON THE NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT; THENCE BEARING NORTH 44°04'24" WEST, A DISTANCE OF 801.74 FEET TO A POINT; THENCE BEARING NORTH 45°55'36" EAST, A DISTANCE OF 285.90 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE BEARING NORTH45°08'37" EAST, A DISTANCE OF 378.75 FEET TO A POINT; THENCE BEARING SOUTH 84°51'00" EAST, A DISTANCE OF 192.77 FEET TO A POINT; THENCE BEARING SOUTH 44°51'23" EAST, A DISTANCE OF 868.53 FEET TO A POINT; THENCE BEARING SOUTH 45°08'37" WEST, A DISTANCE OF 503.56 FEET TO A POINT; THENCE BEARING NORTH 44°48'17" WEST, A DISTANCE OF 1016.21 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 502,110 SQUARE FEET OF 11.53 ACRES, MORE OR LESS. AGENDA REQUEST ITEM NO. 6B4 DATE: April 8, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. Mcintyre County Attorney SUBJECT: Interlocal Agreement County-Funded Court Employees BACKGROUND: See CA No. 08-0525 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Inter local Agreement and authorize the Chairman to sign the Agreement. [>l APPROVED [] DENIED [ ] OTHER: uglas M. Anderson County Administrator COMMISSION ACTION: B4 Approved 5-0 as amended. '~ì Review a~ ~ova~~ ,& [X] County Attorney: ¡j>~ [x ]Management fl Budget:~ ' ~ [ ]Purchasing: [x] Human Resources Director.:~ [ ) Parks fl Recreation Director [ ] SoLid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO: 08-0525 DATE: March 28, 2008 SUBJECT: Interlocal Agreement County-Funded Court Employees BACKGROUND: Attached is a letter dated March 7,2008 from Trial Court Administrator, Thomas A. Genung. Also attached is a proposed Interlocal Agreement between the County and the 19th Judicial Circuit. The agreement provides that when the County agrees to fund personnel positions hired to assist the Circuit, the County will fund the employees' salaries and health insurance benefit package. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Respectfully submitted, DSM/ cb H :\AgendaMemo-DSM-IACi rcuit. wpd ADMINISTRATIVE OFFICE OF THE COURTS NINETEENTH JUDICIAL CIRCUIT Thomas A. Genung Trial Court Administrator ~·3 i/ ?,.~, 4',~... ,,~>-._ - ;f.." ../~ ¡\{\1' 4 #~/ March 7. 2007 Douglas M. Anderson, County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Re: Interlocal Agreement County-Funded Court Employees Dear Mr. Anderson: Please tind attached tour original agreements executed by Chief Judge Roby. Due to the economic challenges we are all facing with our budgets, we are asking that St. Lucie County diminate the post probationary 5% increase for any of our county-funded court employees who might otherwise qualify for that increase from this date forward. In addition, as statcd in the agreement in paragraph 3, we are requesting that the circuit determine annual pay increases for our county-funded court employees in amounts between 0% and 5% on a case-by-case basis, beginning October 1,2008. Any increases would be accounted for in out annual budget request. To date, all of our county-funded court employees are funded through court fee funds, or funds specitically designated for funding services for the courts. None of our current county-funded court employees are funded through county general revenue funds. We are grateful tor all the support that St. Lucie County provides for the 19th Judicial Circuit and appreciate the grcat working relationship that we enjoy. Kindly contact me with any questions or concerns that you may have regarding this agreement. ~¿¿ . ._-- ~- ~~~~'V Thomas A. Genung \ attachments cc: The Honorable William L. Roby 250 N.W. Country Club Drive, Suite 217 · Port Saint Lucie, FL 34986 · (772) 807-4370 · FAX (772) 807-4377 INTERLOCALAGREEMENT BETWEEN NINETEENTH JUDICIAL CIRCUIT and ST. LUCIE COUNTY (COUNTY-FUNDED EMPLOYEES) THIS AGREEMENT (the "Agreement") is made and entered into this _ day of .2008, by and between the Nineteenth Judicial Circuit, (hereinafter the "Circuit"), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, the County is a political subdivision of the State of Floridaand given those powers and responsibilities enumerated in Chapter 125, Florida Statutes; and, WHEREAS, the County and the Circuit are empowered to enter into interlocal agreements pursuant to Section 163.01, Florida Statutes; and, WHEREAS, Section 29.0081, Florida Statutes, provides that counties and the chief judge of a judicial circuit may enter into an agreement where the county funds the cost of personnel positions to assist in the operation of the circuit; and, WHEREAS, the Circuit has requested that the County enter into an agreement to fund these personnel positions, hereinafter referred to as "Employees"; and, WHEREAS, the County and the Circuit desire to enter into this Interlocal Agreement to clarify the parties' responsibilities with regard to these Employees. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. Th is Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or G: \A TTY\AGREEM NT\IN TERLOC\ 19th Circuit - county employees.wpd 1 agreements, either verbal, or written, between the parties hereto. The above recitals are true and correct. 2. COUNTY FUNDING OBLIGATIONS When the County agrees to fund personnel positions hired to assist in the operations of the Circuit in accordance with Section 29.008 (2), Florida Statutes (2007), it will fund the salary of such Employees. The Employees will also be eligible for the County's health insurance benefit package on the same terms and conditions as other County employees. The County shall be considered the employer for purposes of Section 440.10, Florida Statutes (2007) and Chapter 443, Florida Statutes (2007). 3. CIRCUIT OBLIGATIONS The Employees shall be hired, managed, supervised, and fired by personnel of the Circuit. The Employees shall be subject to the leave policies of the Circuit, including, but not limited to, vacation, sick and holiday time. The Circuit shall be responsible for compliance with all Federal and State labor laws and, to the extent allowed by law, and shall indemnify and hold harmless the County from any liability under such laws. The Circuit shall be responsible for determining pay increases, between 070 and 570, which shall be determined on a case-by-case basis. Such pay increases, if any, shall be included in the Circuit's proposed budget to the County for the Employees each year. 4. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the County and the Circuit approve this Agreement and shall continue unless terminated herein. 5. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties or upon expiration of County funding for the Employees. 6. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the COUNTY: With a copy to: G:\A TTY\AGREEM NT\IN TERLOC\ 19th Circuit - county employees.wpd 2 St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to the CIRCUIT: With a copy to: Chief Judge Nineteenth Judicial Circuit 250 NW Country Club Dr. Port St. Lucie, FL 34986 Court Administrator Nineteent h Judic ial Circuit ~H¡ 5 SBl>8I'lel 5+"'DD+, C:h. 229 j.S'O &K.IIÝÞ¡ äJIJI'. f.t. PieF'Ee, FL 34950 flt,rf St. Lut.i~~'I¡:¿' 3491fø or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 7. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 8. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 9. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. A ny waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 10. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, G: \A TTY\A GREEMNT\rN TERLOC\ 19th Circuit - county employees.wpd 3 provided that the material purposes of this Agreement can be determined and effectuated. 11. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede ai' previous communications, representations, or agreements, either verbal or written, between the parties hereto. 12. AMENDMENTS The Agreement may only be amended by a written document signed by ai' parties and filed with the Clerk of the Circuit Court of St. Lucie County. Florida. 13. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Witnesses: NINETEENTH J~CIAL CIRCUIT BY: ¿U i!LJ , Chief Judge I G:\ATTY\AGREEMNT\INTERLOC\19th Circuit - county employees.wpd 4 ø€F -¡Þi Yf~ \ I . !'II P-(¿'< Y (.,.þ.1'U-\ì:l, \\ G: \A TTY\A GREEM NT\!NTERLOC\ 19th Circuit - county employees.wpd 5 AGENDA REQUEST ITEM NO. 6.B.5 Date: April 8, 2008 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heatner Young Assistant County Attorney SUBJECT: Permission to Advertise - Ordinance No. 08-018 Amending Chapter 1-2 (Administration) of the St. Lucie County Code of Ordinances and Compiled Laws to Provide for the Creation of Employee Separation Incentive Programs BACKGROUND: See C.A. No. 08-0531 FUNDS AVAIL.(State type & No. cif transaction or N/A): N/A RECOMMENDA TION: Staff requests permission to advertise proposed Ordinance No. 08-018 for public hearing on April 22,2008 at 9:00 a.m., or as soon thereafter as may be heard. [>i APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: /-/ Douglas M. Anderson County Administrator COMMISSION ACTION: County Attorney: ¿.9,.':_ Coordination/Signo.tures Mgt. & Budget: Purchasing: Originating Dept.: ."p/.¿.. 4f Other: Other: Finance (Check for Copy only. if applicable): INTER-OFFICE MEMORANDUM ST. L.UCIE COUNTY, FL.ORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 08-0531 DATE: March 31, 2008 SUBJECT: Permission to Advertise - Ordinance No. 08-018 Amending Chapter 1-2 (Administration) of the St. Lucie County Code of Ordinances and Compiled Laws to Provide for the Creation of Employee Separation Incentive Programs BACKGROUND: During the 2008 Strategic Planning Session, the Board of County Commissioners directed staff to proceed with the creation of two employee separation incentive programs. Attached to this memorandum is a copy of proposed Ordinance No. 08-018 which would amend Chapter 1-2 (Administration) of the St. Lucie County Code of Ordinances and Compiled Laws to permit the establishment of these programs through amendments to the Employee Handbook. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 08-018 for public hearing on April 22, 2008 at 9:00 a.m., or as soon thereafter as may be heard. Respectfully submitted, ~~~ Heather Young Assistant County Attorney Attachment HY! Copies to: County Administrator Human Resources Director Finance Director Management and Budget Director ORDINANCE NO. 08-018 AN ORDINANCE AMENDING CHAPTER 1- 2 (ADMINISTRATION) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY CREATING ARTICLE VI ("EMPLOYEE SEPARATION INCENTIVE PROGRAMS"); CREATING SECTION 1-2-66 (VOLUNTARY SEPARATION INCENTIVE PROGRAM) TO PROVIDE FOR THE ADOPTION OF A VOLUNTARY SEPARATION INCENTIVE PROGRAM FOR ELIGIBLE COUNTY EMPLOYEES; CREATING SECTION 1-2-67 (SEPARATION IN LIEU OF NOTICE OF REDUCTION IN FORCE PROGRAM) TO PROVIDE FOR THE ADOPTION OF A PAY IN LIEU OF NOTICE OF REDUCTION IN FORCE PROGRAM; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, FILING WITH DEPARTMENT OF STATE, ADOPTION, AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board is committed to continued efforts to identify cost-saving opportunities to implement programs that will successfully reduce recurring fiscal costs while minimizing the impact to County employees and operations. 2. A County purpose may be served by the County paying certain employees severance pay and incentive pay for notice of the employee opting to participate in an incentive program to terminate his County employment earlier than the employee otherwise would have done so. 3. Pursuant to Section 215.425, Florida Statutes (2007), a county is prohibited from paying extra compensation to an employee except when such payment is made pursuant to policies adopted by ordinance or resolution. 4. The Board has the exclusive authority to establish personnel policies. Strtleh tl'lrStl!jA passaged are deleted. 1 Underlined passages are added. 5. The Board has determined that establishing and implementing Separation Incentive Programs for eligible County employees serves a valid public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-2 ("ADMINISTRATION") OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS IS HEREBY AMENDED TO CREATE ARTICLE VI ("EMPLOYEE SEPARATION INCENTIVE PROGRAM") AS FOLLOWS: ARTICLE VI. EMPLOYEE SEPARATION INCENTIVE PROGRAMS Sec. 1-2-66. Voluntary Separation Incentive Proaram (Q) The Board hereby authorizes the creation of a voluntary separation incentive program to permit Qualified employees to accept 0 severance incentive and terminate their employment with the County. The effective date of the program and amount of the separation incentive shall be established by resolution adopted by the Board amending the Employee Handbook. In implementinc¡ this ordinance, the County shall comply with all applicable federal. state and local rules and reGulations. Any sums expended under this proc¡ram shall be derived from leGally available Countv funds. íQ) All St. Lucie Countv employees shall be elic¡ible to participate in the optional voluntary separation incentive proGram if they meet the following requirements: 1 Fifty-five years of age or older. and. £, Vested in the Florida Retirement System, and, 1. Employed by the County for a minimum of six (6) years. ill Any payment made pursuant to this ordinance shall not be calculated in the compensation due an employee under the Florida Retirement Systems Act, Chapter 121, Florida Statutes (2007). This ordinance is not intended to alter or affect in any way the years of creditable service as defined in Section 121.021(17). Florida Statutes (2007). Sec. 1-2-67. Separation Pay in Lieu of Reduction in Force Proaram (Q) The Board hereby authorizes separation pavments to County employees whose positions would otherwise be eliminated due to a Reduction in Force (RIF) approved by the Board. Such payments shall be considered compensation in lieu of notice of the RIF. The effective date of the proGram and amount of the separation payment shall be established by resolution adopted by the Board amending the Employee Handbook . In implementinG this ordinance. the County shall Str~eh tllrs'l!l'" passaged are deleted. 2 Underlined passages are added. comply with all applicable federal. state and local rules and regulations. Any sums expended under this proQram shall be derived from lec¡ally available County funds. ßù Any payment made pursuant to this ordinance shall not be calculated in the compensation due an employee under the Florida Retirement Systems Act. Chapter 121. Florida Statutes (2007). This ordinance is not intended to alter or affect in any way the years of creditable service as defined in Section 121.021(17), Florida Statutes (2007). PART B. SEVERABILITY . Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART C. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect on upon filing with the Department of State. PART D. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Joseph E. Smith Vice Chairman Paula A. Lewis Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande xx xx XX XX XX PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. PAssED AND DULY ADOPTED this day of ,2008. StF"slt tRFe"!lR passaged are deleted. 3 Underlined passages are added. ATTEST: Deputy Clerk g: \otty \ord i nonce \2008 \08 -018.doc Stp~el( tllpe~§1I passaged are deleted. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney 4 Underlined passages are added. .. 4 AGENDA REQUEST ITEM NO. C-1 DATE: 4-08-08 REGULAR [ ] PUBLIC HEARING [] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson, Director SUBMITTED BY: Parks & Recreation/Recreation Division SUBJECT: Summer Camp Transportation/School Board Contract BACKGROUND: Every year, the Parks and Recreation Department's summer camps use school buses owned by the School Board to transport children on field trips and other activities. Staff estimates transportation costs for (5) five summer camps to be approximately $25,000 for this summer. As required by County policy, BOCC approval is necessary. Last year's transportation expense was $27,500, however, this year we are budgeted for $25,000. Therefore, additional funding to cover the costs over the current budget will be provided through a reimbursement grant from the Children's Services Council. Staff is requesting that the Board approve the contract and authorize the Chair to sign it. FUNDS AVAILABLE:001-7216-544300-7102 (Lincoln Park Community Center, Vehicle Rental), 001-7216-544300-7104 (Ft. Pierce Community Center, Vehicle Rental) RECOMMENDATION: Staff requests the Board approve the contract with the St. Lucie School Board for use of school buses for summer camps and authorize the Chair to sign it. COMMISSION ACTION: [)t APPROVED [] DENIED [ ] OTHER: Approved 5-0 \~~VCounty Attorney: )//V Originating Dept.Ø1 Revlaw and ~'S ~ Management & Budget Other: PurChasing: ~ . Parks and Recreation Department Memorandum From: Board of County Commissioners Linda Barton, Assistant Director V To: Subject: Approval of Agenda Item #C-1 Date: 3/2412008 Every year, the Parks and Recreatión Department's summer camps use school buses owned by the School Board to transport children on field trips and other activities. Staff estimates transportation costs for (5) five summer camps to be approximately $25,000 for this summer. As required by County policy, BOCC approval is necessary. Last year's transportation expense was $27,500, however, this year we are budgeted fo'r $25,000. Therefore, additional funding to cover the costs over the current budget will be provided through a reimbursement grant from the Children's Services Council. Staff is requesting that the Board approve the contract and authorize the Chair to sign it. ." LB: em Attachment cc: D. Anderson, County Administrator L. Lowery, Assistant County Administrator Chron File , r4(3/19/2008) Patti Raffensberger - SLCP&R AGREEMENT 03-11-08.DOC. Page 3 I Transportation Services Agreement This AGREEMENT is between the St. Lucie County Parks and Recreation, herein after referred to as the SLC Parks and Recreation, whose address is 2300 Virginia Ave, Fort Pierce, FL 34982 and THE SCHOOL BOARD OF ST. LUCIE COUNTY, herein after referred to as the SLCSB whose address is 4204 Okeechobee Road, Fort Pierce, FL 34947. Services under this AGREEMENT shall include the following period: June 1, 2008- or the date this AGREEMENT is signed by both parties, whichever is later and shall be completed May 31,2009. This AGREEMENT consists of Pages 1 through 4 and the following attachments: A. Certificate of Insurance naming SLCSB as additional insured B. Daily Vehicle Log (Blank) 1. SELLING, TRANSFERRING OR ASSIGNING THIS CONTRACT This contract may not be sold, transferred or assigned without the written approval of the SLCSB. 2. CONDITIONS OF CONTRACT The SLC Parks and Recreation shall, at their own expense, obtain all necessary permits, pay all licenses, fees and taxes required to comply with all local ordinances, state and federal law, rules and regulations applicable to business to be carried out under this contract. 3. INDEMNITY/HOLD HARMLESS AGREEMENT SLC Parks and Recreation agrees to protect, defend, indemnify and hold harmless the SLCSB including their directors, employees and agents from and against any and all losses, penalties, damages, settlements, claims, costs, charges for other expenses or liabilities of every and any kind including attorney fees, in connection with or arising directly or indirectly out of the work agreed to or performed by SLCSB under the terms of this AGREEMENT. Without limiting the foregoing, any and all such claims, suits or other actions, relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decrees of any court, shall be in the indemnity hereunder. .., \ (3/19/2.0Ó8) Patti ~affEÚ'sberger-SLCP&R AGREEMENT 03~ 11-08. DÒt ...~.~ Page 4 ] ~ 4. DESCRIPTION OF ENTITY AND OFFICES TO BE SERVED The customers to be served under this AGREEMENT are youths residing in St. Lucie County, Florida. The service to be provided is transportation from designated pick-up locations to sites in St. Lucie County for SLC Parks and Recreation sponsored programs and back from SLC Parks and Recreation sponsored programs to the designated pick- up locations. Park and secure each leased bus at either the SLCSS's South Compound or North Compound after each daily use. The contact person for this contract will· be: Patti Raffensburger. The telephone number is 462-1528. The 5LCSS contact person for this contract will be Karen Williams, Director of Transportation. The telephone number is429-6206. Kathy Nobel and Celeste LaFountain are daily operational contacts and may be reached at 785-6616 or 785-6617. 5. SCOPE OF SERVICES TO BE PERFORMED A The following services will be performed by the SLCSB: Provide four (4) buses to transport eligible youths from strategic pick-up sites to 51. Lucie County for St. Lucie County Parks and Recreation sponsored programs and from designated sites back to the strategic pick-up locations. Provide scheduled maintenance for each leased bus. Provide a substitute bus whenever leased bus is in for service. B. The following services will be performed by StC Parks and Recreation. Provide SLCSB contact person with a weekly Mileage Check List and Log Sheet report showing the beginning, ending and total mileage traveled for each bus (copy attached). Secure signs to be placed on school buses to read "This bus is contracted to St. Lucie County Parks & Recreation Dept. Interview, select and hire on a nondiscriminatory basis, only SLCSB school bus drivers and pay all wages, including benefits. Pay SLCSB in accordance with the fee schedule below. Use only buses specified by SLCSB. Purchase and maintain in full force and effect during the term of this Agreement ... ? (3/19/2008) Patti Raffensberger ~ SLCP&R AGREEMENT 03-11-08.DOC "",·c...._,..· ,"',' .,....,......, ......_.,..". '_,.,.,..,_..... .0', _"',"',._ '.,.,.....,,,.......,.,,.,.,,,...... .....~,.,...._,...,.....,.,.,',.....,..,_._.....".,.,.......,-....'........,...,..,.,...... ..... ,"_'_' .._......._....... ...._...................._................. ...........__. ........ Page 5 I an insurance policy issued by a company or companies licensed to do business in Florida, providing coverage in an amount not less than one million dollars ($1.000.000.00) and to provide the SLCSB a Certificate of Insurance issued and endorsed by the insurance carrier, or the requirements of sec. 768.28, FS. 6. PAYMENT Payment will be made when the SLC Parks and Recreation has determined that the service has been satisfactorily completed. Should the SLC Parks and Recreation reject an invoice, SLC Parks and Recreation's authorized representative will notify SLCSB at (772) 340-7127 of such rejection giving the reason(s). The right to reject an invoice shall extend throughout the term of this contract for thirty (30) days after the final invoice for payment is submitted. All invoices are to be submitted monthly within 30 days of the last day of the previous month. Monthly invoices must be sent to: . St. Lucie County Parks and Recreation A TTN: Patti Raffensberger 2300 Virginia Ave Ft. Pierce, FL 34982 This invoice shall be sent at the first of the month following the previous months service upon receipt of the Mileage Check List and Log Sheet Report. The contract can be cancelled by either party within thirty (30) days written notice to the last known address of the SLC Parks and Recreation and the SLCSB. 7. RATE SCHEDULE ." Cost per Mile (including fuel to be provided by SLCSB): $ 2.15 8. SEVERABILITY If any portion of this AGREEMENT is held invalid, it is agreed that such invalidity shall not affect any of the remaining portions. The parties agree to comply with all terms and provisions of this AGREEMENT including the attachments. '" t (3/19/20gS) P~tti Ra:tfénsberger - 5LCP&R AGREEME.NT.03~11:öa.bÖc.. ... .~~~~ ... Page 6 I ' APPROVED BY APPROVED BY St. Lucie County Board of County Commissioners S1. Lucie County School Board Signature Signature Typed Name Carol Hilson Typed Name Chair Title School Board Chairman Title Signature Michael Lannon Typéd Name S u peri ntendent Title Date Date " . (3/19/2008) Patti Raffensberger - SLCP&R AGREEMENT 03-11-08.DOC Page 7 st. Lucie County District Schools St. Lucie County Parks & Recreation Daily Vehicle Log for 2008-2009 Bus Driver Name (Print) St. Lucie County Bus Number: Day Date Monday Tuesday , I Wednesday Thursday Friday Saturday Sunday AM pin Odometer Odometer . Community Agency or School Group: Driver Signature Date Note: This form must be completed and submitted to Dispatch at the end of each week prior to the first afternoon of the following week. Failure to turn in the form by a driver may be reason for a driver to be released from summer work and the use of a bus may be discontinued to an outside agency. '" : (3í19/2008) Patti' Ratfénsberger - SLCP&R AGREEMENT 03-11-08.DdC . . Page 8 I The form may be faxed t0340-7125. Please confirm receipt of the fax. 2i3/19/2008) Patti Raffensberger - SLCP&R AGREEMENT 03-11-08.DOC " Page 2 I I SLCSB Transportation Agreement Contact Information 2008 Agency Name: Sf LUCIE COUNTY PARKS & RECREATION DEPT. Program Name: SUMMER CAMPS PROGRAM Local Agency Contact Person: PATTI RAFFENSBERGER Daytime Office Number: 462-1528 Cell Number: 216-0170 Fax Office Number: 462-1940 Billing Agency Contact Person: JULIE ZICARELLI Daytime Office Number: 462-1513 Fax Office Number: 462-1940 Agency Contact and phone numbers for Pick UplDelivery or Discipline Issues: NITA WIECHEL 462-1792 DENISE SIRMONS 462-1788 ANTHONY ALLEN 462-1522 ." Number Buses anticipated 4 /FOUR) Do you select and pay drivers: [X] Yes [ ] No Does School Board: [ ] Yes [ ] No Normal Days of Week Buses Requested : MONDAY - FRIDAY Anticipated Program Start Date: JUNE 8. 2008 Anticipated Program End Date: (No later than August 15,2008) AUGUST 15. 2008 I ~ CÒUNTY . ~ ~ AGENDA REQUEST ITEM NO. C-2 DATE: 4-08-08 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson, Director SUBMITTED BY: Parks & Recreation/Lincoln Park Comm. Center SUBJECT: Approve Budget Resolution # 08-113 BACKGROUND: The Lincoln Park Community Center held an event on April 2, 2008 called a "Limo Scavenger Hunt". It was an event designed for preteens, ages 11-14 years, with the intention of introducing them to various places and people in St. Lucie County that they may not ordinarily see or meet. Examples are the UDT/SEAL Museum, Historical Museum and city and county officials. In order to add some "attractiveness" to the event, the preteens traveled between destinations in limousines. Staff at the Community Center solicited donations in the amount of $1400 in order to pay for the vehicle rental, door prizes and trophies. The Budget Resolution adds this amount of money to the community center budget in order to take care of the expenses. Board approval is needed in order to finalize this transaction. FUNDS AVAILABLE:001-7216-552000-7102 (Lincoln Park Community Center, Operating Supplies) RECOMMENDATION: Staff requests Board approval of Budget Resolution # 08-113 accepting donations in the amount of $1400 for the "Limo Scavenger Hunt" at Lincoln Park Community Center. COMMISSION ACTION: [>1 APPROVED [] DENIED [ ] OTHER: Approved 5-0 D ugl sM. Anderson County Administrator County Attorney: t~/ Originating Dept.,J/!? µ,. Review and Approvals Management & Budget ~ /~ Purchasing: Other: ; . " Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director þ"'. Subject:· Approval of Agenda Item #C-2 Date: 3/20/2008 The Lincoln Park Community Center held an event on April 2, 2008 called a KLimo Scavenger Hunt". It was an event designed for preteens, ages 11-14 years, with the intention of introducing them to various places and people in St. Lucie County that they may not ordinarily see or meet. Examples are the UDT/SEAL Museum, Historical Museum and city and county officials. In order to add some "attractiveness" to the event, the preteens traveled between destinations in limousines. Staff at the Community Center solicited donations in the amount of $1400 in order to pay for the vehicle rental, door prizes and trophies. Budget Resolution # 08-113 adds this amount of money to the community éenter budget in order to take care of the expenses. Board approval is needed in order to finalize this transaction. . LB: em Attachment cc: D. Anderson, County Administrator L. Lowery, Assistant County Administrator Chron Fi Ie ,I RESOLUTION NO. 08- 113 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of donations from various individuals for the Lincoln Park Community Center's Limo Scavenger Hunt event. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 8th day of April. 2008, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 001-7216-366900-71 02 Donations $ 1,400 APPROPRIATIONS 001-7216-552000-7102 Operating Supplies $ 1 ,400 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 8th DAY OF APRIL, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY .. .. AGENDA REQUEST ITEM NO: C-3 DATE: April 8, 2008 REGULAR PUBLIC HEARING CONSENT [X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson SUBJECT: SEVENTH AMENDMENT TO INTERLOCAL AGREEMENT WITH CITY OF PORT ST. LUCIE - TRADITION FIELD TRAFFIC CONTROL AND SECURITY BACKGROUND: On June 21, 1988, the Board of County Commissioners entered into an Interlocal Agreement with the City of Port St. Lucie, to furnish off-duty City police officers to the County to perform traffic control and security during scheduled events at the Tradition Field. This seventh amendment, signed and dated on March 9, 2008, reflects the rate increases, effective January 1,2008. FUNDS WILL BE MADE AVAILABLE IN: N/A RECOMMENDATION: Staff requests the Board's approval ofthe Seventh Amendment to Interlocal Agreement between St. Lucie County and Port St Lucie for traffic control and security at Tradition Field Stadium. COMMISSION ACTION: CONCURRENCE: [X APPROVED [] DENIED [ ] OTHER: Approved 5-0 Doug . Anderson County Administrator County Attorney: Coordination/S ignatures Management & Budget: Purchasing: Originating Dept: Other: Admin/Finance (if applicable) · ,. Board 01 Countv Commissioners Parks & Recreation Department MEMORANDUM To: Board of County Commissioners From: Parks & Tradition Field Manager, Parks and Recreation Thru: Director, Parks and Recreation Subj: SEVENTH AMENDMENT TO INTERLOCAL AGREEMENT WITH CITY OF PORT ST. LUCIE - TRADITION FIELD TRAFFIC CONTROL AND SECURITY Date: April 8, 2008 On June 21, 1988, the Board of County Commissioners entered into an lnterlocal Agreement with the City of Port St. Lucie, to furnish off-duty City police officers to the County to perform traffic control and security during scheduled events at the Tradition Field. This seventh amendment, signed and dated on March 9,2008, reflects the rate increases, effective January 1,2008. " .. SEVENTH AMENDMENT TO INTERLOCAL AGREEMENT (TRAFFIC CONTROL AND SECURITY - ST. LUCIE COUNTY SPORTS COMPLEX) THIS SEVENTH AMENDMENT TO INTERLOCAL AGREEMENT by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and the CITY OF PORT ST. LUCIE, a Florida municipal corporation, hereinafter referred to as "City". WIT N ESSE T H: WHEREAS, on June 21, 1988, the parties entered into an Interlocal Agreement, hereinafter referred to as the "Agreement", which was recorded in Official Records Book 593, pages 1800 through 1802, of the public records of St. Lucie County, Florida, which provided for the Cìty to furnish off-duty City police officers to the County to perform traffic control and security during scheduled events at the St. Lucie County Sports Complex. WHEREAS, the parties subsequently amended the Agreement on June 20,1989, May 19, 1998, March 24, 2000, May 10, 2000, January 1, 2002 and December 16, 2005 to reflect increases in the hourly wages paid to the City's police officers and supervisors, and apply a 3 hour minimum for each offiéer, which amendments were recorded in Official Records Book 644 at page 321, Official Records Book 1155 at page 2201, Official Records Bóok 1287 at page 2865, Official Records Book 1301 at page 1179, Official Records Book 1484 at page 807, and Official Records Book 2440 at page 604 of the public records of St. Lucie County, Florida, respectively; and, WHEREAy' t~e City intends to further increase the hourly wage paid to its police officers and supervisors effective January 1, 2008; and, WHEREAS, the parties desire to further amend the Agreement to reflect the planned increase in the hourly wage for the City's police officers and supervisors. NOW, THEREFORE, in consideration of the premises and undertakings contained herein, G,\~ TTY\AGREEMNT\lNTERLOC\ 7a-psl·"c. wpd Page 1 of 3 ; . the parties hereto agree to amend the Agreement as follows: 1. Paragraph 3 shall be amended to read as follows: 3. In return for the faithful performance of the services provided in accordance with the terms and conditions of this Agreement, the County agrees to pay to the City thirty-one and 50/100 ($31.50) dollars for each hour of service provided to the County by a police officer ($31.50 x 3-hour minimum = $94.50) and thirty-four and 65/100 ($34.65) dollars for each hour of service provided to the County by a police supervisor (34.65 x 3-hour minimum = $103.95). The rates set forth herein include a five percent (5%) administrative fee. 2. The rate increase provided herein shall be effective January 1, 2008. 3. All other terms and conditions of the Agreement, as amended, remain in full force . and effect. IN WITNESS WHEREOF, the parties hereto have executed this Seventh Amendment on the dates below written. BY: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ATTEST: Deputy Clerk Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney !~6fh Mayor DATE: (3/q jâ r / I G:\A TTYlAGREF.MN1\lNTERLOa7a.psl·sec.wpd Page 2 of 3 '- .. the parties hereto agree to amend the Agreement as follows: 1. Paragraph 3 shall be amended to read as follows: 3. In return for the faithful performance of the services provided in accordance with the terms and conditions of this Agreement, the County agrees to pay to the City thirty-one and 50/1 00 ($31.50) dollars for each hour of service provided to the County by a police officer ($31.50 x 3-hour minimum = $94.50) and thirty-four and 65/100 ($34.65) dollars for each hour of service provided to the County by a police supervisor (34.65 x 3-hour minimum = $103.95). The rates set forth herein include a five percent (5%) administrative fee. . 2. The rate increase provided herein shall be effective January 1, 2008. 3. All other terms and conditions of the Agreement, as amended, remain in full force . and effect. . IN WITNESS WHEREOF, the parties hereto have executed this Seventh Amendment on the dates below written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman DATE: APPROVED AS TO FORM AND . CORRECTNESS: BY: County Attorney DATE: G:\A TTY\AG REEMNlìTNTERLOC\ 7 a-psl-sec. wpd Page 2 of 3 G:\A TT Y"AG REEJI,INÌ\lNTERLOC\ 7a-psl-see, wpd Page 3 of 3 -o'Z . 7' 0'3 BO,ard ori Cou.tlCommissioners· Parks Ii BecreatleD D.ollaltmonl. MEMORANDUM To: Board of County Commissioners From: Guy D. Medor, Parks & Tradition Field Manager, Parks and Recreation Thru: Debbie Brisson, Director, Parks and Recreation Subj: SEVENTH AMENDMENT TO INTER LOCAL AGREEMENT WITH CITY OF PORT ST. LUCIE - TRADITION FIELD TRAFFIC CONTROL AND SECURITY Date: April 8, 2008 On June 21, 1988, the Board of County Commissioners entered into an Interlocal Agreement with the City of Port St. Lucie, to furnish off-duty City police officers to the County to perform traffic control and security during scheduled events at the Tradition Field. This seventh amendment, signed and dated on March 9, 2008, reflects the City of Port Saint Lucie's rate increases from $28.38/hr to $31.50/hr for police officers, and from $31.40/hr to $34. 65/hr for police supervisors, effective January 1,2008. Annual estimated cost for the baseball season is roughly $24,000.00. C:\PARKS\AGENDAS\4-8-08-TRADITION FIELD STADIUM TRAFFIC - PSLPD,DOC AGENDA REQUEST ITEM NO: C-4 DATE: April 8, 2008 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Avenue D Boy's ChoirlWaive Fees/lndrio School House BACKGROUND: The Avenue D Boy's Choir "Choir" will be filming for a movie at the Indrio School House on May 9th and May 10th. The movie will help promote the area and the "Choir". Representatives for the "Choir" are requesting that the Board of County Commissioners approve waiver of user fees in the amount of $ 200.00. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Avenue D Boy's Choir's request for waiver of $200.0 in user fees for the May 9th and 10th filming at the Indrio School House. [~ APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED ENCE: COMMISSION ACTION: oug Anderson County Administrator " Coord ination/S iq natu res I,.-~", County Attorney: Originating Dept: ~ /" Mgt & Budget: It Public Works: Purchasing: Other: Finance: (Check for Copy only, if applicable) BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION DEORA GRISSON Director From: Board of County Commissioner~ . Linda Barton, Asst. Director ~ To: Subject: Agenda C-4/Waiver of Fees/Ave. D Boy's Choir Date: April 8, 2008 The Avenue D Boy's Choir "Choir" will be filming for a movie at the Indrio School House on May 9th and May 10th. The movie will help promote the area and the "Choir". Representatives for the "Choir" are requesting that the Board of County Commissioners approve waiver of user fees in the amount of $ 200.00. Cc: D. Anderson, County Adm. L. Lowery, Asst. County Adm. D. Brisson, Director File JOSEPH E. 5MITH, Disrrict No.1' DOUG COWARD, Disrrict No.2. PAULA A. LEWIS, DistTlCl No.3. CHARLES GRANDE. Disrrict No.4· CHRIS CRAFT, District No.5 Counry Administroror - Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 . Fax (772) 462-1940· E-mail: brissond@co.st-lucie.ll.us www.co.st-lucie.ll.us .., . AGENDA REQUEST ITEM NO. C-5 DATE: 4-08-08 REGULAR [] PUBLIC HEARING [] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson, Director SUBMITTED BY: Parks & Recreation/Recreation Division SUBJECT: Children's Services Council/Swimming Lessons Grant BACKGROUND: The Recreation Division received a grant contract from the Children's Services Council of St. Lucie County to fund swimming lessons for 158 children in the 21st Century Community Learning Center program, run by the School Board. The School Board originally applied for this money, but because the lessons will be provided by the County's Aquatics Section, the CSC is requesting that the county sign this contract which will make payment easier at the end of the program. Grant procedures state that permission to apply and receive grant funds must be approved by the Board. Because the Recreation did not apply for the grant, no permission was previously received and is needed now in order to sign the contract and proceed with program. The funding is in the amount of $6478 and will provide swim lessons for 158 children during the month of June 2008. FUNDS AVAILABLE: The County will be reimbursed following the completion of swimming lessons. Funds will be deposited as revenue into 001-7216-337920-7106 (Recreation/Aquatics, Children's Services Council). RECOMMENDATION: Staff requests the Board grant permission to accept funding from the Children's Services Council of St. Lucie County in the amount of $6478 to provide swimming lessons to 158 children this summer. Authorize the Chairman to sign the contract. COMMISSION ACTION: '(>1 APPROVED [] DENIED [ ] OTHER: Douglas M. Anderson County Administrator Approved 5-0 County Attorney: Originating Dept.~ ,c~ Review and Approvals Management & BUdge~PUrChaSing: Other: "" , BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION DEßRA ßRISSON Director To: Board of County Commissioners From: Linda Barton, Asst. Director ~ Subject: Agenda C-5/CSC/Swimming Lessons Grant Date: . April 8, 2008 The Recreation Division received a grant contract from the Children's Services Council of St. Lucie County to fund swimming lessons for 158 children in the 21st Century Community Learning Center program, run by the Scho~1 Board. The School Board originally applied for this money, but because the lessons will be provided by the County's Aquatics Section, the CSC is requesting that the county sign this contract which will make payment easier at the end of the program. . Cc: D. Anderson, County Adm. L. Lowery, Asst. County Adm. D. Brisson, Director File JOSEPH E. SMITH. DiStlict No.1. DOUG COWARD. District No.2' PAULA A. LEWIS. District No.::l . CHARLES GRANDE. DiStlict No.4· CHRIS CRAFT. DIStlict No.5 County AdminiStloror - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce. Florida 34982-5652 Phone (772) 462-1518 · Fax (772) 462-1940 · E-mail: brissand@co.st-Iucie.fl.us wv,/w rn c;t-h I("'i~ flllC: - AGREEMENT BETWEEN CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY AND ST. LUCIE COUNTY PARKS AND RECREATION DEPARTMENT 21st Century Community Learninl! Centers- Swim Lessons 2008 THIS AGREEMENT made as of this 13th day of March, 2008, by and between the CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY, an independent special taxing district for the State of Florida, whose address is 546 NW University Drive, Suite 201, Port S1. Lucie, FL 34986, hereinafter referred to as COUNCIL, and St. Lucie County Parks and Recreation Department, hereinafter referred to as the PROVIDER, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982. WHEREAS, the PROVIDER is a qualified provider whose application for a Summer Program Grant has been accepted by the COUNCIL; and WHEREAS, the COUNCIL has determined that it is in the best interest of the children of S1. Lucie County to enter into this Agreement with the PROVIDER. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. PROVIDER agrees to provide a Summer Program starting June 9, 2008 and ending July 3,2008 as set forth in their proposal to the COUNCIL for up to one hundred fifty eight S1. Lucie County youth, ages 5-12, a copy of which is on file with the Council. 2. COUNCIL agrees to pay PROVIDER an amount not to exceed $6,478.00 for said Summer Program as outlined in paragraph 1 above and as set forth in the approved Council Action Item related to the Provider's proposal. PROVIDER will submit receipts for reimbursement of expenditures by approved budget line item up to the maximum of the $6,478.00. 3. PROVIDER agrees to comply with the provisions set forth below: 1. Reimbursement Requests will be submitted on a monthly basis. The project will be completed by July 3, 2008 and final reimbursement request submitted with documentation by September 1, 2008. .... 11. The project and any purchase of related goods or services is being accomplished with use of tax-payer funds and therefore requires PROVIDER to document all expenditures to show reasonable and effective use of these funds. 111. A narrative description on the completion and success of the project including demographics on usage by children and families where appropriate. IV. Any acknowledgments or press releases regarding this project will include mention of the support of the Children's Services Council ofSt. Lucie County and use of CSC logo whenever possible. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY ST. LUCIE COUNTY PARKS AND RECREA nON DEPARTMENT BY:· BY: Kathryn Basile, Executive Director Patty Raffensburger, Recreation Mgr. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Glen J. Torcivia, Attorney " CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY MONTHLY REIMBURSEMENT REQUEST FY 07/08 ~N~SUMMER~~~~~SUMMER~~~~~SUMMER~~~~~SUMMER~~~~~SUMMER~~~~~SUMMER~~~ Agency Name: ST LUCIE COUNTY Date: Program Name: SWIM LESSONS Report Period: Actual Actual % of Budget EXPENDITURES Approved Expense Expense Expended Budget This Month Year-to-Date Year-to-Date Salaries 0.00 # DIV¡O , FICA 0.00 #DIV¡O' Retirement #DIV¡O! Life/Health #DIV¡O! Workers ComDensation #DIV¡O! Florida UnemDlovment #DIV¡O! Travel (Daily) #DIV¡O! Travel/Field Trips #DIV¡O! Office Supplies #DIV¡O! TeleDhone #DIV¡O! Postage/ShiDDing #DIV¡O! Utilities #DIV¡O! OccuDancy (Building &. Grounds) #DIV¡O! Printing &. Publications # DIV¡O I Subscriptions/ Dues/ MembershiDS #DIV¡O! Insurance #DIV¡O! EauiDment: Rental &. Maintenance . #DIV¡O! Advertising #DIV¡O! Equipment Purchases: Capital Expense #DIV¡O! Professional Fees (Legal, Consultina) #DIV¡O! Books/Educational Materials #DIV¡O! Food and Nutrition #DIV/O! Administrative Costs: 0.00 #DIV¡O! Audit Expense #DIV¡O! SDecific Assistance to Individuals #DIV¡O! Other/Miscellaneous {Program Supplies} #DIV¡O! Other/Contract:Swim lessons-158 @ $41 ea 6,478.00 0.00% TOTAL 6r478.00 0.00 0.00 #DIV 10! OBsumSLCswim monthlyREIMB ITEM NO. 0-1 DATE: April 8. 2008 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works-Blda & Zonina Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 4313 Avenue K, Fort Pierce, Florida an unsafe building. BACKGROUND: The building at 4313 Avenue K, Fort Pierce, Florida has been determined to be unsafe and to constitute a nuisance by the Building Official. FUNDS AVAILABLE: 102-2415-549000-200 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the approval by the Board to advertise a public hearing. COMMISSION ACTION: Douglas Anderson County Administrator )(APPROVEDD DENIED o OTHER: Approved 5-0 Review and Approvals 9 County Attorney: 4bt tn ~n 9 Management and Budget: Originating Dept: (Pub. WkS.( ~ ~. 9 Other: 9 Finance: Check for copy only, if applicable: 9 Purchasing: ~ ~ 9 Other: BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS CODE COMPLIANCE DIVISION BUILDING OFFICIAL REPORT DATE: 3/27/08 ADDRESS: 4313 Avenue K, Fort Pierce, FL The building at the above referenced address has been significantly damaged. It is manifestly unsafe and unsanitary for use as a single family dwelling. This building in its current condition constitutes a public nuisance. Specific conditions which exist include: Roof & soffit damage, dry rot on wood structure. Debris must be cleared and the remaining standing structure taken down. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 4313 Avenue K, Fort Pierce, FL is determined to be UNSAFE. Please demolish or obtain a permit to repair the structure within 30 days or this property will be brought before the Board of County Commissioners for condemnation consideration. Christopher Le rang Code Compliance Ma ager Building Official - S1. Lucie County, Florida CL/dab JOSEPH E. SMITH, District No.1' DOUG COWA~D, Disrrict NO.2. PAULA A. LEWIS, District No.3. CHARLES GRANDE, District No.4. CHRIS C~AFT, DIStrict NO.5 Counry AdminisTroror . Douglas M, Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 Permitting and Zoning: (772) 462-1553 FAX (772) 462-1735 Contractor Licensing: (772) 462-1672. Code Enforcement (772) 462-1571 elnspections: (772) 462-2165 Fox: (772)462-1148 www.co.sr-Iucie.fl.us Property Appraiser - St.Lucie County, FL Page 1 of 1 Dorothy L Evans Record: 1 of 1 Property Identification «Prev PROPERTY RECORD CARD Taxes C;;:emptiöns Pem¡[ts ¡"';..:mle Prínt Site Address: SecfTown/Range: Map ID: Zoning: Ownersl1ip and Mailing Owner: Address: Sales Informalion Date Price 6/13/1995 100 212/1994 30000 10/16/1992 100 Exterior Features View: ExIT ype: Grade: StoryHght: Interior Fe.tu....s BedRooms: FullBath: 1/2Bath: %A/C: 4313 AV K 06 :35S AOE 24/06S IL Dorothy L Evans 4313 Ave K Fort Pierce FL 34947-1748 Code 01 00 01 Deed CT WD QC Book/Page 0960 11215 0883 I 0797 0812 I 0257 Next» Spec.Assmnt ParcellD: Account #: Land Use: City/Cnty: 2406-801-0011-000-1 19767 SF Res ST. LUCIE COUNTY Legal Oescrlplion WILMARED SID BLK 3 E 1/2 OF LOT 4 AND ALL LOT 5 (0,24 AC) (OR 960-1215) Assessment Final 2007 FV: 79400 Assessed: 42654 Ag.Credit: 0 Exempt: 25000 Taxable: 17654 Taxes: 333.41 Total Lane and Building Land Value: 26100 Acres: 0,24 Building Value: 53300 Finished Area: 1535 SqFt BUilDING INfORMATION HD--HD- Dn D- 0010- 1 Story Roof Cover: YearBlt: EffYrBlt: NO.Units: 4 2 o o Electric: HeatType: HeatFuel: %Heated: Special Features and Yard Items Type Y/S 3CNT - 3CNT S SDSF - SITE DEV S-F Qty. Units Qual. Condo YrBlt. 1 AV AV 1970 Y AV AV 2001 -- .........__..1&...51&.6._ SA - Asph Shingle RoofStruct: GA - Gable 1956 Frame: 1970 PrimeWall: WS - Wood/Sheath 1 SecWall: AV - AVERAGE PrmlntWal1: DW - Drywall AvgHtlFt: STD Prm.Flors: DP - Double Pine 0 %Sprinkled: 0 Land Informal ion No. land Use Type Measu re Depth 1 0100·SF Res 303 -Sq Feet 10454 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www . pasIc .org/prc.asp ?prclid=240680 1 00 11 000 1 3/20/2008 .Ìil. J. --' C"'--J :a:tf-3 --::;.. c::::I ¡::;.... 1--............ c;::J .......-.1 i ::r: C!:::: I CLLU~ I:....] iT u.... c:::J ~ r.-- - 0"] ~ U"'J Lrl ............ :;;:;.. ::t:toe::( LUcv:J [/] - <:( Cv:J r:....:l ~ CV,] =:t:t: c=l I-- t=J ::::t: 0- ..--... [/] c:::l :::::=- C!:::: ........... I'"--J C!:::: ........... C'.....l , " ......... c:J ............ ::x::: ........... ::::-~ <::( f:'V":) - [v:J -..::::r- , . r--~'" ...q- C/''] :tt: ca r"' ¡;:: þ.=.u...J r:1 r-'-J :r:: ("'-~ CL........ U , . L..L.. C'JJ ---,~,..... ~ LU -., <t: c:v:J ---- c.v:J ~ ·' ITEM NO. 0-2 DATE: April 8. 2008 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works-Blda & Zonina Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 3355 Johnston Road, Fort Pierce, Florida an unsafe building. BACKGROUND: The building at 3355 Johnston Road, Fort Pierce, Florida has been determined to be unsafe and to constitute a nuisance by the Building Official. FUNDS AVAILABLE: 102-2415-549000-200 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the approval by the Board to advertise a public hearing. ~PPROVEDD DENIED o OTHER: NCE: . COMMISSION ACTION: Approved 5-0 Review and Approvals 9 County Attorney: ~ (ltJ'V-I 9 Management and Budget: Originating Cept: (Pub. Wks.) ..bf..\Ñ. 9 Other: (T 9 Purchasing: ~ - 9 Other: 9 Finance: Check for copy only, if applicable: BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS CODE COMPLIANCE DIVISION BUILDING OFFICIAL REPORT DATE: 3/27/08 ADDRESS: 3355 Johnston Road, Fort Pierce, FL The building at the above referenced address has been significantly damaged and is manifestly unsafe and unsanitary for use as a single family dwelling. This building in its current condition constitutes a public nuisance. Specific conditions which exist include: Structural damage. No roof, missing doors or windows, electrical ripped out and ceiling falling in due to water damage. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 3355 Johnston Road, Fort Pierce, FL is determined to be UNSAFE. Please demolish or obtain a permit to repair the structure within 30 days or this property will be brought before the Board of County Commissioners for condemnation consideration. Christopher Lestra Code Compliance Manager Building Official- St. Lucie County, Florida CL/dab JOSEPH E. SMITH. Districr No.1' DOUG COWA~D. District No.2' PAULA A. LEWIS, District No, J . CHA~LES G~ANDE. District No.4· CH~IS CRAFT, Disrrlct No, 5 Counry AdministraTor - Douglas M. Anderson 2300 Virginio Avenue · Ft. Pierce, FL 34982 Permitting and Zoning: (772) 462-1553 FAX (772) 462-1735 Contractor Licensing: (772) 462-1672 · Code Enforcement (772) 462-1571 · inspections: (772) 462-2165 Fax: (772) 462-1148 www.co.sr-Iucie.fl.us Property Appraiser - St.Lucie County, FL Page 1 of 1 Property ïdent¡f'¡c:§/i¡(¡~1 FO:1 P1'3fr..>::; Grçy¥(·~s LLC Re{::,iid: i Of «~'r:·ø'!.¡ PROPERTY RECORD CARD H:J'~-"f~'8 r;,~~·;t Site Address: SecfTown/Range: Map ID: Zoning: O~\¡:1ell'Sh¡¡: Bin,j ~if±aj¡¡r.'g Owner: Address: S~des k~~onn\JJt¡on Date Price 12/22/2004 13982200 9/4/2003 13800 7122/1991 133700 10/1/1973 35000 Exi:e:¡'icr Fecaü,H'es View: ExtType: Grade: StoryHght: ~iltel"¡CW Fe~ilm~$ BedRooms: FullBath: 1/2Bath: %A/C: 3355 JOHNSTON RD 27 :34S :39E 13/27N AG-1 Fort Pierce Groves LLC 7457 Park Ln Lake Worth FL 33467 Code 02 01 01 00 Deed SP WD WD CV Book/Page 2130 I 0522 1791/1601 0748 I 0242 0220/1021 ~\;:-;Y.t >~ s ~~;"S:':'; .Þ.s 't, rn n-( : -~_1?Ç~~;:: ¡'.::'.):0~'nL:"ù¡:YT~:£: ParceliD: Account #: Land Use: City/Cnly 1327-131·0002-000-4 5314 SF Res ST. LUCIE COUNTY L.a~1e:~ D8i!C['~pÚ0[1 273439 W 220 FT OF E 260 FT OFS 305 FT OF N 440 FT OF SW 1/4 OF NE 1/4 (1.54 AC) (OR 2130·522) .A.SSSt),S¡-¡¡1¡f;n~ Fiìia[ Tùt¿d L~m:ü ~?1d St]¡jd~ng Land Value, 55400 Acres: 1,54 Building Value: 90900 Finished Area: 2601 SqFt 2007 FV: Assessed: Ag.Credit Exempt Taxable: Taxes: 146300 146300 o o 146300 2763.14 8ûlLCdNG: ¡NFORM.;;~nON HD+ - HD+ D+ - D+ 0010 - 1 Story Roof Cover: YearBI!: EffYrBIt: NO.Units: 3 1 1 100 Electric: HeatType: HeatFuel: %Heated: Special Feah..lt'0S e~d] Y2tid Hems Type YIS 2CHT - 2CHT S Qty. Units Qual, Condo YrBIt. 2 AV AV 1970 Y AV AV 2001 ... _",;;:~:::';,;n';;..-'i'J}';-;·· , .:,'~,:-,~::':.i:¡':-"':';~'?' ,.; - - __.a.an............sl:_ TG - Tar & Gravel RoofStrucl: GA - Gable 1959 Frame: 1970 PrimeWall: BP . Cone Block 1 SecWall: MX . MAXIMUM PrmlntWall: PF - PF FHA - FrcdHotAir AvgHt/FI: STD ELEC - Electric Prm.Flors: C U - Carpet 100 %Sprinkled: 0 land Il1fofmat~oíl No. Land Use Type Measu re Depth 1 0100-SF Res 200 ·Acres 1.54 SDSF - SITE DEV S-F THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO C'HANGE AND IS NOT WARRANTED. http://www.paslc.org/prc.asp?prclid=132713100020004 3/20/2008 ,. J;\i:, "'t~, "3'::~>';' ,,:.7 ,; )'/ t' HlJ- ./ :1 <", , ~';"" '.< - \ t -'~.-j, ì "~""; ;,,1,_ t;' , .~... ,> J'-¿)l " .,,; , '~. -¡}t,·~ !.: "j~¡ l~, ., ,"~~., 1.,·, , . , ',I. ....¡,1 't:, 'I- :~'. ,,'·c.f . "',I'ìÌ ., 14~;'\'"\" . - "" '''->t,' -' 'Ii ~, .' , 1Ìly' \ 'f ~\ '" ' I '~?l '" .. J'f "!-r 1~ . .'.~' . ';,'" ',r" , '; t ~\ .. "",', . .11 'L'·', ",5.:\ '1l-~' fJ t;:'(,i . .,.. , \ t('t _l~, ~.i.'/·l ¡' t ." t,t. 'i,... (;, \tJ.:. '.t' ..:..... . ¡ f . l' ,f ; '" \ -~ ¡-\.(:~~; ~\ ,jí: :!¡, A,,/ . \~, åH " ~I\ '''''/',: ' ·t...'J' tt", '<. I, ¡',T ft, \, '. ".; 1 ''f,(',f " ., ~iÎ I. ~ \ \ , . t '. ..., '.I' ~t: . . ", iI'", ~~\,,\t" ~' '. 1i¡ $ . .( * .fÞ'-.'1 , ' . li\\' . , "..It ,i :~ \ '¡f'l"j.; "'f'> 1.\' f''' . '~';}"":i" * <': I, 'h: I,., ¡ ,,' "--1:'t~,~; 1 S - ~ \, ~' , : . ( llr~' , , \ \ \ ~- · i:>< ..,...........,.,"_...-.... .'~.. (/' ~...,;.......,._"-'"'"...-<_.¿¡,...~ "~,"'£"- .".- ill, .t'" ¡.:' . ~-""''';-''--'''--w. .....".,.~_." '--" I":"f:-~' '''""'') t- C/] -.... .....-::.- ::r:: f"-'l -:J UJ U~] L.....-:J l~ ~--... (./] ''''>''''t ::=- C!:.:: LLJ r---J C!::: LLJ l:.....] r~ l."J,.,., t""M:~'1 -- ITEM NO. 0·3 DATE: April 8. 2008 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works·Bldg & Zoning Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 5030 Edwards Road, Fort Pierce, Florida an unsafe building. BACKGROUND: The building at 5030 Edwards Road, Fort Pierce, Florida has been determined to be unsafe and to constitute a nuisance by the Building Official. FUNDS AVAILABLE: 102-2415-549000-200 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the approval by the Board to advertise a public hearing. COMMISSION ACTION: E: >'<l APPROVEDD DENIED o OTHER: Do las Anderson ~ County Administrator Approved 5-0 Review and Approvals 9 County Attorney: 'ttro'.... 9 Management and Budget: Originating Dept: (PUb: WkS~' 9 Other: 9 Finance: Check for copy only, if applicable: 9 Purchasing: ~ 9 Other: BOARD OF COUNTY COMMISSIONERS ~=r. ~eIt:IE ~' COUNTY \ FLORIDA PUBLIC WORKS CODE COMPLIANCE DIVISION BUILDING OFFICIAL REPORT DATE: 3/27/08 ADDRESS: 5030 Edwards Road, Fort Pierce, FL The building at the above referenced address has been significantly damaged and is manifestly unsafe and unsanitary for use as a single family dwelling. The building in its current condition constitutes a public nuisance. Specific conditions which exist include: Roof damage, trusses, wood frame, wood floor and exterior siding have all rotted and there is electric and plumbing damage. The building is vacant. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 5030 Edwards Road, Fort Pierce, FL is determined to be UNSAFE. Please demolish or obtain a permit to repair the structure within 30 days or this property will be brought before the Board of County Commissioners for condemnation consideration. ~ Christopher Le rang Code Compliance Ma ager Building Official- St. Lucie County, Florida CLldab JOSEPH E. SMITH. DIStrict No.1' DOUG COWARD, District No.2' PAULA A. LEWIS, District No.3· CHARLES GRANDE, District No.4' CHRIS Cfl.AFT, District No.5 County Administrator - Douglas M. Anderson 2.100 Virginia Avenue · Ft, Pierce, FL .14982 Permitting ond Zoning: (772) 462-155.1 FAX (772) 462-17.15 Contractor Licensing: (772) 462-1672 · Code Enforcement (772) 462-1571 · Inspections: (772) 462-2165 Fax: (772) 462-1148 WWW.co.st-lucie.fl.us 'Property Appraiser - St.Lucie County, FL Page 1 of 1 ¡ PROPERTY RECORD CARD Stanley ~obin.Bon Record: i 011 Property ldent!iication «PT'a''i Nan1 » Sþêc..:1ssmní TaXES Exem:l:düns PennÎ"ís Home Pïif,¡t Site Address: Sec/T own/Range: Map ID: Zoning: 5030 EDWARDS RD 30:35S:40E 24/30N RS-3 ParcellD: Account #: Land Use: City/Cnty: 2430·214·0003-000-5 32789 SF Res ST. LUCIE COUNTY Ownership and Mailing Owner: Address: Stanley Robinson PO Box 1821 Fort Pierce FL 34954 Lagal Description 303540 W 100 FTOF E 490 FT OFS 220 FT OF E 3/4 OF NE 1/4 OF NW 1/4-LESS S 33 FT- (39A) (0.43AC) ( More... Sales Inform.iion Date Price 1/3/2008 20000 4/23/2007 100 5/4/2004 67000 3/22/1999 100 6/16/1998 100 5/18/1998 40000 1/18/1995 11900 6/1/1985 0 ASSHssménQ Fina! Code 00 01 00 01 01 01 01 01 Deed SP CT WD QC QC QC WD CV BooklP age 2930/2518 2805 / 1869 1977 / 2894 1250/2778 1152 / 2233 1146/1980 0938 / 0407 0467/2106 2007 FV: Assessed: Ag.Credit: Exempt: Taxable: Taxes: 65400 65400 o o 65400 1235.22 Total land snd Buiiding Land Value: 43900 Acres: 0.43 Buiiding Value: 21500 Finished Area: 1316 SqFl BUILDING INFORMATION , - ---- Exterior Features View: Roof Cover: RC . Roll Comp RoofStruct: GA - Gable ExtType: HE+ - HE+ YearBIt: 1946 Frame: Grade: E+ - E+ EffYrBIt: 1960 PrimeWall: SB . Abs Shingle StoryHght: 0010 - , Story NO.Units: 1 SecWall: In1erior Features BedRooms: 2 Electric: AV - AVERAGE PrmlntWall: DW - Drywall FullBath: 1 HeatType: AvgH1/FI: STD 1/2Bath: 0 HeatFuel: Prm.Flors: SP . Sing Pine %AJC: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard Ilems Land fn'¡ormalion Type Y/S Qty. Units Qual. Cond. YrBI!. No. Land Use Type Measure Depth SDSF - SITE DEV S·F Y 1 AV AV 2001 1 01 OO·SF Res 215 -Front Ft 100 187 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TtME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www . paste .orglpre .asp ?prclid=243021400030005 3/20/2008 " ~_."" ¡. - . ! '"'I ; , .,.~ ,:",",':'i ':.::F(j .. ' , :4 , ,"; ~,. '. .. ..,{,'\~: " "'l",',';::t;;"> ¿"~~')1l' ", * .' '_ ~. . ... ,,/ '4l.-. . ',¡J ,;,; ,", '","" .' , ,. ",.,f,'-' ~.. J '. --:':" ~>ifA-J_~-/ ~:.._ . . ,;0 ..' , ~,~ ..~.." . , .,'"" , .. ~ ., ~ ~ '. ITEM NO. D-4 DATE: AprilS. 200S AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works-Blda & Zonina Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 1910 N. 13th St, Fort Pierce, Florida an unsafe building. BACKGROUND: The building at 1910 N. 13th St, Fort Pierce, Florida has been determined to be unsafe and to constitute a nuisance by the Building Official. FUNDS AVAILABLE: 102-2415-549000-200 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the approval by the Board to advertise a public hearing. COMMISSION ACTION: r1APPROVEDD DENIED o OTHER: Approved 5-0 Review and Approvals 9 County Attorney: ~r "..... Originating DePt:~'A. 9 Finance: Check for copy only, if applicable: 9 Management and Budget: 9 Purchasing: ~ 9 Other: 9 Other: BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS CODE COMPLIANCE DIVISION BUILDING OFFICIAL REPORT DATE: 3/27/08 ADDRESS: 1910 N 13th St, Fort Pierce, FL The building at the above referenced address has been significantly damaged and is manifestly unsafe and unsanitary for use as a single family dwelling. This building in its current condition constitutes a public nuisance. Specific conditions which exist include: Several (5) structures are damaged. There are missing walls, roof, windows and doors and there is dry rot on the wooden structures as well as the floors. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 1910 N 13th St, Fort Pierce, FL, Fort Pierce, FL is determined to be UNSAFE. Please demolish or obtain a permit to repair the structure within 30 days or this property will be brought before the Board of County Commissioners for condemnation consideration. ~ Christopher estran Code Compliance Manager Building Official- St. Lucie County, Florida CLldab JOSEPH E. SMITH, DistricT No.1· DOUG COWARD. District No, 2 . PAULA A. LEWIS, District No. J . CHARLES GRANDE, Districr NO.4' CHRIS CRAFT. DistriCT No.5 Counry Administrator - Douglas M, Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 Permitting and Zoning; (772) 462-1553 FAX (772) 462-17J5 Contractor Licensing; (772) 462-1672 · Code Enforcement (772) 462-1571 . Inspections; (772) 462-2165 Fax; (772) 462-1148 WWW.co.st-lucie.fl.us Property Appraiser - St.Lucie County, FL Page 1 of 1 "j PROPERTY RECORD CARD Taylor Creek Townhouses LLC Record: 1 0/ 2 Property Identification «Prev Next» Spec.Assmnt Taxes Exemptions Permits Heme Prinl Site Address: SecfT own/Range: Map 10: Zoning: 1910 N 13th St 04 :3SS :40E 24/04N RM-l1 ParcellD: Account #: Land Use: City/Cnty: 2404-113.Q004-000-1 16227 M-F >= 10U ST, LUCIE COUNTY Ownership and Mailing Owner: Address: Taylor Creek Townhouses LLC 5335 S Birch Ct Greenwood Village CO 80121 Legal Description 4 3S 40 FROM SW COR OF NE 1/4 OFNE 1/4 RUN N 0 DEG 21 MIN 40 SECW 346.15 FTTO SWCOR OF N 1/2 OF S M2r.I... Sales in/ormation Date Price 12/1/2005 1080000 12/15/2003 1 00 2/26/1 999 1 00 1/1/1981 30000 Code 02 01 01 00 Deed WD QC QC CV Book/Page 2430/0219 1863/2367 1210/0425 0346 / 0632 Assessment Final 2007 FV: 85600 Assessed: 85600 Ag.Credit: 0 Exempt: 0 Taxable: 85600 Taxes: 1616.7 Total Land and Building Land Value: 84000 Acres: 0.98 Building Value: 1600 Finished Area: 6336 SqFt BUILDING INFORMATION " Exterior Features View: Roof Cover: RC - Roll Comp RoofStruCl: GA - Gable ExtType: MFH - M.F. LOW RIS YearBIt: 1946 Frame: Grade: E-- E- EffYrBIt: 1940 PrimeWall: FS - Frm Stucco StoryHght: 0010 - 1 Story No, Units: 8 SecWall: Interior Features BedRooms: 16 Electric: AV· AVERAGE PrmlntWali: WB-WB FullBath: 8 HeatType: AvgHt/FI: sm 1/2Bath: 0 HeatFuel: Prm.Flors: CG . CONC GRD %A1C: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard Items Land Information Type Y/S Qty. Units Qual. Cond, YrSI!. No. Land Use Type Measure Depth 1CNT - lCNT S 1 AV AV 1940 1 0300-M-F >= 10U 220 -Unit 16 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www.paslc.orglprc.asp?prclid=240411300040001 3/20/2008 '. · ; .. .. ITEM NO. 0-5 DATE: April 8. 2008 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works-Blda & Zonina Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 118 NE Jardain Road, Fort Pierce, Florida an unsafe building. BACKGROUND: The building at 118 NE Jardain Road, Fort Pierce, Florida has been determined to be unsafe and to constitute a nuisance by the Building Official. FUNDS AVAILABLE: 102-2415-549000-200 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the approval by the Board to advertise a public hearing. COMMISSION ACTION: ~PPROVEDD DENIED o OTHER: Approved 5-0 Review and Approvals 9 County Attorney: flIo!tvo0"'- 9 Management and Budget: Originating Dept: (Pub. WkS(~' 9 Other: 9 Finance: Check for copy only. if applicable: 9 Purchasing: ~ 9 Other: · ,,,,,.,,,,.,,."""~.'., ",;~""".,.,...".,,,,,.'. , '"!f;" . ,,""" \.... BOARD OF COUNTY COMMISSIONERS ~=r. ~~EIE , COUNTY \ FLORIDA PUBLIC WORKS CODE COMPLIANCE DIVISION BUILDING OFFICIAL REPORT DATE: 3/27/08 ADDRESS: 118 NE Jardain Road, Fort Pierce, FL The building at the above referenced address has been significantly damaged and is manifestly unsafe and unsanitary for use as a single family dwelling. The building in its current condition constitutes a public nuisance. Specific conditions which exist include: Roof and trusses missing or damaged, interior gutted and wall frames have water damage. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 118 NE JardainRoåd, Fort Pierce, FL is determined to be UNSAFE. Please demolish or obtain a permit to repair the structure within 30 days or this property will be brought before the Board of County Commissioners for condemnation consideration. ~ Christopher L trang Code Compliance Mager Building Official - St. Lucie County, Florida CLldab JOSEPH E. SMITH, DlsrriCt· NO.1· DOUG COWARD, District No.2' PAULA A. LEWIS, Disrrict No. J . CHARLES GRANDE, District No.4. CHRIS CRAFT, District No.5 County Adminisrraror - Douglas M. Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 Permitting and Zoning: (772) 462-1553 FAX (772) 462-1735 Contractor Licensing: (772) 462-1672 · Code Enforcement (772) 462-1571 · Inspections: (772) 462-2165 Fax: (772) 462-1148 WWW.co.st-lucie.ff.us .. Property Appraiser - St.Lucie County, FL Sandi L N ic~erson Record: 1 of 1 Property Identification « Prav PROPERTY RECORD CARD Spec.Assmnt Site Address: SecfT own/Range: Map 10: Zoning: Ownership and Mailing Owner: Address: 118 NE JARDAIN RD 28 :36S :40E 34/28N RS·4 Sandi L Nickerson Claire L Nickerson 3170 NW Perimeter Rd Palm City FL 34990 Sales Information Date Price 3/12/2004 99900 9/30/1999 53500 4/1/1986 49000 12/111980 55000 10/1/1974 37500 Exterior Features View: ExtType: Grade: StoryHghl: Interior Features BedRooms: FullBath: 1/2Balh: %A1C: Code 00 00 00 00 00 Book/Page 1919 I 2495 1257 I 2266 0498 I 2246 0352 I 0191 0234 11234 Deed WD WD CV CV CV Next » Parcell D: Account #: land Use: City/Cnty: Page 1 of 1 Taxes Exemptions Permits Home Print 3419-S65-0042·000·7 43404 SF Res ST. lUCIE COUNTY Legal Description RIVER PARK-UNIT 9·PART B BlK 77 lOT 3 (MAP 34128N) (OR 1919- 2495) Assessment Final 2007 FV: 116300 Assessed: 116300 Ag.Credit: 0 Exempt: 0 Taxable: 116300 Taxes: 2241.46 BUILDING INFORMATION ... 20 cpt .10 n HD+ - HD+ 0+-0+ 0010 - 1 Story Roof Cover: YearBIt: EffYrBIt: No, Units: 2 2 o 100 Electric: HeatType: HeatFuel: %Heated: Special Features and Yard Items Type Y/S 3CCT - 3CCT S SDSF - SITE DEV S-F Qty. Units Qual. Condo YrBI!. 1 AV AV t977 Y AV AV 2001 Total Land and Building Land Value: 54600 Acres: 0.19 Building Vaiue: 61700 Finished Area: 1139 SqFt TG . Tar & Gravel 1969 1977 1 MX - MAXIMUM FHA - FrcdHotAir ELEC . Electric 100 Land Information No. land Use 1 0100-SF Res RoofStruct: GA - Gable Frame: PrimeWall: BS - CB Stucco SecWall: PrmlntWall: DW . Drywall AvgHt/FI: STD Prm.Flors: CU . Carpet %Sprinkled: 0 Type Measure Depth 260 ·Front Ft 75 110 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www.paslc.org/prc.asp?prclid=341956500420007 3/2012008 I ~ ",«\",\;,;"""~",,,,,,~~,,~.,,,, '~' i)J ..... .... ITEM NO. 0-6 DATE: Aoril8. 2008 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works-Blda & Zonina Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2110 Saint Lucie Blvd, Fort Pierce, Florida an unsafe building. BACKGROUND: The building at 2110 Saint Lucie Blvd, Fort Pierce, Florida has been determined to be unsafe and to constitute a nuisance by the Building Official. FUNDS AVAILABLE: 102-2415-549000-200 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the approval by the Board to advertise a public hearing. COMMISSION ACTION: )i(APPROVEDO DENIED o OTHER: Approved 5-0 Review and Aoorovals . 9 County Attorney: "" t" f),)"""" Originating Dept: {Pub. WkS.\.À~\N . . ( 9 Management and Budget: 9 Other: 9 Purchasing: ~ , 9 Other: 9 Finance: Check for copy only, if applicable: BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS CODE COMPLIANCE DIVISION BUILDING OFFICIAL REPORT DATE: 3/27/08 ADDRESS: 2110 Saint Lucie Blvd, Fort Pierce, FL The building at the above referenced address has been significantly damaged by a hurricane and is manifestly unsafe and unsanitary for use as a single family dwelling. The building in its current condition constitutes a public nUIsance. Specific conditions which exist include: No roof, windows or doors, walls missing, structural integrity compromised, damaged pluming and electrical. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 2110 Saint Lucie Blvd, Fort Pierce, FL is determined to be UNSAFE. Please demolish or obtain a permit to repair the structure within 30 days or this property will be brought before the Board of County Commissioners for condemnation consideration. Christopher L stran Code Compliance anager Building Official - St. Lucie County, Florida CL/dab JOSEPH E. SMITH, DistriCT No.1. DOUG COWARD, DistriCT No.2' PAULA A. LEWIS, District No.;) . CHARLES GRANDE, Districr NO.4' CHRIS CRAFT, DistriCT No.5 County Administrator - Douglos M. Anderson 2300 Virginia Avenue · Ft, Pierce, FL 34982 Permitting and Zoning: (772) 462-1553 FAX (772) 462-1735 Contractor Licensing: (772) 462-1672· Code Enforcement (772) 462-1571 . Inspections: (772) 462-2165 Fax: (772) 462-1148 www.co.sr-lucie.fl.u5 Property Appraiser - St.Lucie County, FL Page 1 of 1 PROPERTY RECORD CARD J Andrew Schmidgall Record: 1 of 1 Property Identification «Prev Next » Spec.Assmnt Taxes Exemptions Permits Home Print Site Address: SecfTown/Range: MaplD: Zoning: 2110 ST LUCIE BV 28 :34S :40E 14/28S RM-5 ParcellD: Account #: Land Use: City/Cnty: 1426-602-0043-000-8 9454 SF Res ST. LUCIE COUNTY Ownership and Mailing Owner: Address: J Andrew Schmidgall 2110 St Lucie Blvd Fort Pierce FL 34946-6766 Legai Oescription HOGG'S SID IN SEC 26-34-40 BEG AT INT OF N RD R/W LI OF AIRPORT RD AND W RD R/W LI OF ANTHONY ST RUN More... Sales Information Date Price 12/8/1997 38000 11/1/1986 0 Code 00 01 Deed WD CV Book/Page 1113/2562 0520/1317 Assessment Final 2007 FV: 105600 Assessed: 46646 Ag.Credit: 0 Exempt: 2S000 Taxable: 21646 Taxes: 412.61 Total Land and Building Land Value: 70100 Acres: 0.8 Building Value: 35700 Finished Area: 1495 SqFt BUILOING INFORMATION .. 200~ ;ø ., .., (1~1 , 1, 1~? , , Exterior Features View: Roof Cover: TG . Tar & Gravel RoolStruct: FS - FlaVShed ExtType: HD-HD YearBIt: 1956 Frame: Grade: D-D EffYrBIt: 1962 PrimeWall: BP - Conc Block StoryHght: 0010 - 1 Story NO.Units: 1 SecWall: Interior Features BedRooms: 2 Electric: MX . MAXIMUM PrmlntWall: PN-PN Full Bath: 2 HeatType: AvgHt/FI: STD 1/2Bath: 0 HeatFuel: Prm.Flors: CA - A TUCON %A/C: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard Items Land Information Type Y/S Qty. Units Qual. Condo YrBI!. No. Land Use Type Measure Depth 3CHT - 3CHT S 1 AV AV 1977 1 0100-SF Res 23S -Front Ft 100 75 3CNT - 3CNT S AV AV 1977 2 01 OO-SF Res N -Front Ft 130 114 3 01 OO-SF Res N -Acres 0.29 SDSF - SITE DEV S-F y AV AV 2001 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www . paslc.org/prc. asp ?prclid= 142860200430008 3/20/2008 "'"'- - ..-.,.- ,;",~~,,~ I ,~ .1....." lI::-' . , f, " .Þ ~ < , , ITEM NO. 0-7 DATE: ADril 8. 2008 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works-Bid" & Zonina Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2206 S 34th St, Fort Pierce, Florida an unsafe building. BACKGROUND: The building at 2206 S 34th St, Fort Pierce, Fort Pierce, Florida has been determined to be unsafe and to constitute a nuisance by the Building Official. FUNDS AVAILABLE: 102-2415-549000-200 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the approval by the Board to advertise a public hearing. COMMISSION ACTION: . ~APPROVEDD DENIED o OTHER: ou asAnderson County Administrator Approved 5-0 Review and ADDrovals 9 County Attorney: ~r-OC'''' Originating Dept: (Pub. WkS'~' ( 9 Management and Budget: 9 Purchasing: ~ 9 Other: 9 Other: 9 Finance: Check for copy only, if applicable: ,.."....,,,,........,,..""'0';,'....,,....,'"*,..,,,,..,'",..,..,,,,,..',,,,..,,,'''''.''..;'',"",'..'' "'......"'.~.~.."_",..,."_..,,,..,~.".....,".....~....,~,..",,"",',""..~,,",.,.,,,~,,,,,,"..,' ., ,..... -...-".,...."'.."..".. BOARD OF COUNTY COMMISSIONERS ~=r. ~eJEIE , COUNTY ~, FLORIDA PUBLIC WORKS CODE COMPLIANCE DIVISION BUILDING OFFICIAL REPORT DATE: 3/2708 ADDRESS: 2206 S 34th St, Fort Pierce, FL The building at the above referenced address has been significantly damaged and is manifestly unsafe and unsanitary for use as a single family dwelling. The building in its current condition constitutes a public nuisance. Specific conditions which exist include: Tree is on the roof, missing door and windows, the interior is damaged and structural integrity is therefore compromised, damaged plumbing and electric and there is severe dry rot in the wood structure. The property is vacant. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 2206 S 34th St, Fort Pierce, FL is determined to be UNSAFE. Please demolish or obtain a permit to repair the structure within 30 days or this property will be brought before the Board of County Commissioners for condemnation consideration. ~/~ ! I Christopher Ustran e Code Compliance Manager Building Official - 81. Lucie County, Florida CL/dab JOSEPH E. SMITH. District NO.1· DOUG COWARD. DIStrict No.2. PAULA A. LEWIS. District No.3. CHARLES GRANDE, District No.4. CHRIS CRAFT. District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 Permitting and Zoning: (772) 462-1553 FAX (772) 462-1735 Contractor Licensing: (772) 462-1672. Code Enforcement (772) 462-1571 . Inspections: (772) 462-2165 Fax: (772) 462-1148 WWW.co.st-lucie.ll.us Property Appraiser - St.Lucie County, FL Page 1 of 1 PROPERTY RECORD CARD Alta B Kidd Record: 1 of 1 Property Identification «Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Príni Sile Address: Secfrown/Range: Map ID: Zoning: 2206 S 34 ST 17:35S:40E 24/17S AM-S ParcellD: Account #: Land Use: City/Cnty: 2417-702-0108-000-8 270S7 SF Aes ST, LUCIE COUNTY Ownership and Mailing Owner: Address: AlIa B Kidd Douglas M Billings 2206 S 34th St Fort Pierce FL 34947 Legal Oescri ption WESTWOOD MANOR BLK 6 LOT 9 (O.16AC) (OR 233·670: 1307- 1660) Sales Information Date Price 6/14/2000 1/1/1900 o o Code Ot Deed PB Book/Page 1307/1660 / Assessment Final 2007 FV: 39000 Assessed: 39000 Ag.Credit: 0 Exempt: 0 Taxable: 39000 Taxes: 736.6 Total land and Building Land Value: 28800 Acres: 0.16 Building Value: 10200 Finished Area: 786 SqFt BUILDING INFORMATION . ... . Exterior Features View: Roof Cover: SA . Asph Shingle RoofStruct: GA - Gable ExtType: HE+ - HE+ YearBIt: 1940 Frame: Grade: E+ -E+ EftYrBIt: 1950 PrimeWall: WN . Wood no Sh StoryHght: 0010- 1 Story NO.Units: 1 SecWall: Interior Features BedRooms: 1 Electric: AV· AVERAGE PrmlntWall: PB . PANEL BOARD FullBath: 1 HeatType: AvgHVFI: STD 1/2Bath: 0 HeatFuel: Prm.Flors: CA-ATUCON %A/C: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard items Land Information Type Y/S Qty. Units Qual. Condo YrBl1. No. Land Use Type Measure Depth SDSF - SITE DEV S·F Y 1 AV AV 2001 1 0100-SF Res BI -Front Ft 50 143 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www.paslc.org/prc.asp?prclid=241770201080008 3120/2008 ~ ,. , ' 71\ - " . . .. ";:~; . "'.- "'1 ,." #....~ .-?-....;.,- ~1: ~. .. R.;,!J:!,. -~';-;,--",;",~;;:::-':~';:: "....,-~" ....-....;_:.._. . , , I .1 I ! ~l I I :\ '{J I ! . ;\ 'I , \ '. ,c;..¡¡~,._;.;~ ~.~;'r7" ,...:ir· AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Works-Blda & Zonina ITEM NO. 0-8 DATE: April 8. 2008 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( x ) PRESENTED BY: Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2516 Rolyat St., Fort Pierce, Florida an unsafe building. BACKGROUND: The building at 2516 Rolyat St, Fort Pierce, Fort Pierce, Florida has been determined to be unsafe and to constitute a nuisance by the Building Official. FUNDS AVAILABLE: 102-2415-549000-200 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the approval by the Board to advertise a public hearing. COMMISSION ACTION: ~PPROVEDD DENIED D OTHER: Approved 5-0 Review and Approvals 9 County Attorney: ~ ror,.. 9 Management and Budget: Orlgl~ating Dept: (Pub. WkS.)~ . 9 Other: . (~r 9 Finance: Check for copy only, if applicable: 9 purChaSing~ 9 Other: BOARD OF COUNTY COMMISSIONERS ~=r. ~eJt:1 E " COUNTY \, FLORIDA PUBLIC WORKS' CODE COMPLIANCE DIVISION BUILDING OFFICIAL REPORT DA TE: 3/27/08 ADDRESS: 2516 Rolyat St, Fort Pierce, FL The building at the above referenced address has been significantly damaged and is manifestly unsafe and unsanitary for use as a single family dwelling. The building in its current condition constitutes a public nuisance. Specific conditions which exist include: Severe roof damage, the structure is open and unsecure, there is electric and plumbing damage and the interior integrity of the structure is compromised. Under the provisions of Section 302.1.1 ofthe Standard Unsafe Building Code, the building located at 2516 Rolyat St, Fort Pierce, FL is determined to be UNSAFE. Please demolish or obtain a permit to repair the structure within 30 days or this property will be brought before the Board of County Commissioners for condemnation consideration. Christopher L strang Code Compliance Mager Building Official- St. Lucie County, Florida CL/dab JOSEPH E. SMITH, Disrrlct No.1· DOUG COWA~D, Disrrict NO.2· PAULA A. LEWIS, District No. J . CHARLES G~ANDE, Disrrict No.4. CHRIS CRAFT, DlSrrict NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Ft, Pierce, FL 34982 Permitting and Zoning: (772) 462-1553 FAX (772) 462-1735 Contractor Licensing: (772) 462-1672 · Code Enforcement (772) 462-1571 . Inspections: (772) 462-2165 Fox: (772) 462-1148 WWW.co.st-lucie.fl.us Property Appraiser - St.Lucie County, FL Page 1 of 1 PROPERTY RECORD CARD Wells Fargo Bank N A Record: 1 of 1 Property Identification «Prev Next » Spec.Assmnt Taxes Exemptions Permits Home Print Site Address: SecfrownlRange: Map ID: . Zoning: 2516 ROLYAT ST 19 :35S AOE 24/19N CO ParcellD: Account #: Land Use: City/Cnty: 241 9-60 1 -0034-000-4 27S06 SF Res ST. LUCIE COUNTY Ownership and Mailing Owner: Address: MAC #7801-013 Wells Fargo Bank N A 3476 Stateview Blvd Fort Mill SC 29715 Legal Description SEMINOLE PARK SID BLK 2 LOT 23 (MAP 24119N) (0.24 AC) (OR 2890-2761 ) Sales Information Date Price 10/6/2007 100 10/9/2001 39500 6/1/1984 9000 Code 01 00 01 Deed CT WD CV Book/Page 2890 I 2761 1445 I 0282 0435 I 0439 Assessment Final 2007FV: 41000 Assessed: 41000 Ag.Credit: 0 Exempt: 0 Taxable: 41000 Taxes: 774.37 Total Land and Building Land Value: 16000 Acres: 0.24 Building Value: 25000 Finished Area: 676 SqFt BUILDING INFORMATION " , "~ , " ... " .~ " " ~ Exterior Features View: Roof Cover: TG . Tar & Gravel RoofStruct: GA - Gable ExtType: HD-HD YearBlt: 1955 Frame: Grade: D-D EffYrBIl: 1970 PrimeWall: BP . Cone Block StoryHght: 0010 - 1 Story NO.Units: 1 SecWall: Interior Features BedRooms: 2 Electric: AV . AVERAGE PrmlntWall: PN·PN Full Bath: 1 HeatType: AvgHt/FI: STD 1/2Bath: 0 HeatFuel: Prm.Flors: TZ . Terrazo %AlC: 0 %Heated: 0 %Sprinkled: 0 Special Features end Yard Items Land Information Type Y/S Qty. Units Qual. Condo YrBI!. No. Land Use Type Measure Depth 3CHT - 3CHT S 1 AV AV 1970 1 0100-SF Res 216 ·Fronl Ft 80 132 SDSF - SITE DEV S-F Y AV AV 2001 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www . paslc .org/pre .asp ?prelid=241960 1 00340004 3120/2008 '''Ít" , ~~... , Y.. <¡ ., ,'/, :--:-~:'I~ .. '1'" ./ ~ ~ .....- f'f_ , -- ~;~~ ~ , ~ /...~ ... ~~ ITEM NO. D-9 DATE: April 8. 2008 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works-Blda & Zonina Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to advertise for a public hearing on May 13, 2008, to declare the structure at 2702 Essex Court, Fort Pierce, Florida an unsafe building. BACKGROUND: The building at 2702 Essex Court, Fort Pierce, Florida has been determined to be unsafe and to constitute a nuisance by the Building Official. FUNDS AVAILABLE: 102-2415-549000-200 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the approval by the Board to advertise a public hearing. COMMISSION ACTION: ouglas Anderson County Administrator )(APPROVEDD DENIED D OTHER: Approved 5-0 Review and Aoorovals 9 County Attorney: 9~ t<' O.s-.... Originating Dept: (Pub. WkS{Àr~ . 9 Finance: Check for copy only, If applicable: 9 Management and Budget: 9 Purchasing: ~ - 9 Other: 9 Other: BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS CODE COMPLIANCE DIVISION BUILDING OFFICIAL REPORT DATE: 3/27/08 ADDRESS: 2702 Essex Court, Fort Pierce, FL The building at the above referenced property has been significantly damaged by fire and is manifestly unsafe and unsanitary for use as a single family dwelling. This building in its current condition constitutes a public nUIsance. Specific conditions which exist include: Fire damage and collapsed roof. Fifty percent (50%) of the structure is collapsed and there is electric and plumbing damage. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 2702 Essex Court, Fort Pierce, FL is determined to be UNSAFE. Please demolish or obtain a permit to repair the structure within 30 days or this property will be brought before the Board of County Commissioners for condemnation consideration. ~ Christopher L strang Code Compliance Mager Building Official- S1. Lucie County, Florida CLldab JOSEPH E. SMITH. Di5trict No.1' DOUG COWARD. District No.2. PAULA A. LEWIS, District No..:l . CHARLES GRANDE, Di5trict No.4. CHRIS CRAFT. District NO.5 County Administrator· Douglas M. Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 Permitting and Zoning: (772) 462-1553 FAX (772) 462-1735 Contractor Licensing: (772) 462-1672 · Code Enforcement (772) 462-1571 . Inspections: (772) 462-2165 Fax: (772) 462-1148 WWW.co.st-lucie.fl.us Property Appraiser - St.Lucie County, FL Eugene Robinson Record: 1 of 1 Property Identification «P rev Site Add ress: SeclTown/Range: Map ID: Zoning: 2702 ESSEX CT 32:34S:40E 14/32S RS-4 Ownership and Mailing Owner: Address: Eugene Robinson Lillie M Robinson 2702 Essex Ct Fort Pierce FL 34946-1146 Sales Information Date P rice Code 6/1/1972 16100 00 Deed CV Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: Full Bath: 1/2Bath: "IoNC: ... " ,'" ¡i ~; , HD·HD D-D 0010 - 1 Story Roof Cover: YearBIt: EffYrBlt: NO.Units: 2 1 1 o Electric: HeatType: HeatFuel: "IoHeated: Special Features and Yard Items Type YIS 2CNT - 2CNT S SDSF - SITE DEV S-F Oty. Units Qual. Condo 1 AV AV Y AV Page 1 of 1 PROPERTY RECORD CARD Next,.,. Taxes Exemptions Permits Home Print Spec.Assmnl ParcellD: Account #: Land Use: City/Cnly: 1432-606·0067 -000-7 11301 SF Res ST. LUCIE COUNTY ,-utlE Co "11:\'····~ ~ \~ /õI'lIf..- ,.c . i ~\ legal Description SHERATON PLAZA-UNIT THREE REPLATLOT 219 (OR 203-1295) Assessment Final Book/Page 2007 FV: 46100 0203 11295 Assessed: 461 00 Ag,Credit: 0 Exempt: 0 Taxable: 46100 Taxes: 1752.7 Total land and Building Land Value: 45500 Acres: 0.19 Building Value: 600 Finished Area: 1042 SqFt BUILDING INFORMATION THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED, AV SA - Asph Shingle RoofStruct: GA - Gable 1972 Frame: 1977 PrimeWall: BP . Cone Block 1 SecWall: MX . MAXIMUM PrmlnlWall: DW - Drywall AvgHt/FI: STD Prm.Flors: CU - Carpet 0 "IoSprinkled: 0 land Information YrBIt. No. Land Use Type Measure Depth 1977 1 o 100-SF Res 205 -Front Ft 74.45 110 2001 http://www.paslc.orglprc.asp?prclid=143280600870007 312012008 \~~:: ;ì ,\ J; ¿] ') ,J . "......" f AGENDA REQUEST ITEM NO. D-10 DATE: April 8, 2008 REGULAR [ 1 PUBLIC HEARING [ 1 CONSENT [xl TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Request the use of emergency bid procedures and award Project No. 08-05, Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal #65 to Johnson-Davis, Inc. in the amount of $282,790.00. BACKGROUND: See attached Memorandum 08-77. FUNDS AVAILABLE: Funding will be made available in 102001-3725-563000-430106 - Drainage Maintenance MSTU reserve. PREVIOUS ACTION: On Feb, 12, 2008, the Board approved Work Authorization No.3 to Contract #C0707386 for Professional Engineering Services related to Stormwater Management with Creech Engineers, Inc., for an emergency culvert replacement design for Sneed Road at North St. Lucie River Water Control District Canal #65 in the amount of $58,176. RECOMMENDATION: Staff recommends the Board approve the use of emergency bid procedures and award of Project No. 08-05, Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal #65 to Johnson-Davis, Inc. in the amount of $282,790.00, and authorize the Chair to sign. [>J APPROVED [ 1 OTHER Approved 5-0 [ ] DENIED COMMISSION ACTION: .."'"l> Dous Anderson County Administrator [x] c.;ounty Anorney [xl Project Manager ~/i [xl Mgt & Budget [x] Ex. Asst f~~t1 ~ ¡~J [] Originating Dept Public Works Purchasing Dept (Check for copy only, if applicable) TT¡;- \,., \ DIVISION OF ENGINEERING MEMORANDUM 08-077 TO: Mike Powley, County Engineer FROM: John Frank, Senior Project Engineer DATE: March 28, 2008 SUBJECT: Sneed Road at NSLRWCD Canal No.65 Engineering Construction In January 2008, a culvert failure was identified on Sneed Road at North St. Lucie River Water Control District Canal #65. Road and Bridge made emergency repairs to keep the road open and prepared connections for pumps to prevent flooding, if required. Creech Engineering was awarded the design of the emergency repair and completed the design on schedule. On March 20, 2008 four contractors were contacted for their interest bidding on the emergency repair. They were: Ric-Man International Inc.; Johnson Davis; TSI; and, Sheltra & Son Construction. Plans were made available on March 21, 2008 after noon in Engineering. Budget Contractor Contingency Testing Total 282,790.00 28,279.00 5,000.00 316,069.00 ATTACHMENTS: bid tabulation cc: Don West, Public Works Director Craig Hauschild, Assistant County Engineer File It) CD '¡¡j c: III U - () .¡: - III C Õ '- - c: 0 U '- .SI ~ ... Q) > ä:: Q) '(3 :::I ..J ... en .=:: 1:: 0 Z - « 'C III 0 0:: co 'C e Q) ..... CIl l"') c: ¡;:; en 0 '¡¡j c: o :¡:; ~'¡¡j~ .... 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O'll ~~~üWüW~WL.L.<a.a.ü~üüa..~~oüo::müwa..~o I .. . .êt I- Q) ü t rn ~ Æ. 0 ë E ° -0 'C rt ãi ° iD Q) ü .... < M~MM~ NN~NN .,.....,....~.,.....,.... .,....~~N~~ « <~ro«~ ~<ro< ~~~~oooo<~~v«<~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~6 ~NNNVOOOOO~~.....o~oOOOOll)ooo.....~oo oOOOO...............NNooooMONMMMMMIl)NMM~~.....O ~.,.....,.....,.....,.....,.....,.....,.....,.....,....NN~~~~~~~~~~~~~~~~ ~ .. e. ... . ..... ___"._ -~.. .._.,.............__.__...'__,._".,. ,'.0 AGENDA REOUEST ITEM NO. E-1 DATE: April 8, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Certificate of Public Convenience and Necessity (CON) - Renewal of Coast Care Advanced Life Support Transport Service for a Class B & F CON. BACKGROUND: See attached memorandum FUNDS WILL BE AVAILABLE: N/A PREVIOUS BOARD ACTION: RECOMMENDATION: The Emergency Medical Services Advisory Committee recommends the Board of County Commissioners approve the renewal of Coastal Care Advanced Life Support Transport Service application for a Class B & F CON. COMMISSION ACTION: 'IXI APPROVED [ ] DENIED '[ ] OTHER: ouglas Anderson County Administrator Approved 5-0 Review and Aoorovals Management & Budget Purchasing: Other: Other: Finance: (Che Eff. 5/96 .. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA DATE: Board of County Commissioners .Tack T. Southard, Public Safety Direc£;;:;!\ April 8, 2008 .~ TO: FROM: SUBJ'Ecr: Certificabé of Public Convenience and Necessity (CON) - Renewal Application¡of Coastal Care Advanced Life Support Transport for Class'S & F CON BACKGROUND: Coastal Care Advanced Life Support Transport Service has submitted a renewal application for a Class B (Ambulances to operate a non-emergency inter-facility medical transport or transfer service at the ALS or BLS level) and Class F (Use of Wheelchair vehicles to provide wheelchair vehicle service) Certificate of Public Convenience and Necessity (CON). The Public Safety Director has reviewed the application and found it to meet the requirements of Chapter 1·12.5 of the Code of Ordinances. On March 19,2008, the Emergency Medical Services Advisory Council reviewed the application and recommends the approval of the renewal application. RECOMMENDATION/CONCLUSION: The Emergency Medical Services Advisory Committee recommends that the Board of County Commissioners approve Coastal Care Advanced Life Support Transport Service renewal application for a Class B & F CON. Respectfully submitted, ~ , , I .i ,,_.. '" ....." . ADVANCED" LIFE SUPPORT TRANSPORT SERVICE P,O, Box 9010, Stuart, Florida 34995 PHONE: 772.223.5925 www.mmns.com January 25, 2008 Coastal Care :": MARTIN MEMORIAL .. Mr. Jack Southard, Public Safety Director 81. Lucie County Department of Public Safety 101 North Rock Road F1. Pierce FL 34945 Dear Mr. Southard: Martin Memorial Health System's medical transportation services company - Coastal Care Advanced Life Support- requests the renewal of its Certificate of Public Convenience and Necessity to maintain service to S1. Lucie County. As you know, Coastal Care ALS is a. not-far-profit, non-governmental medical transportation company that has provided service to Martin, S1. Lucie, and Okeechobee counties for over ten years. As S1. Lucie County continues to grow, we would like to not just maintain but rather to increase our support to the community. Martin Memorial Health Systems has demonstrated its commitment to 8t. Lucie County by establishing and operating multiple facilities and service centers within the county. Our broad-based operations include physicians' offices; a walk-in treatmel1t center; two rehab facilities; a diagnostic and wellness center; and a medical transport service providing non-emergency ambulance and wheelchair transportation. Martin Memorial Health Systems is proud of its history of serving St. Lucie County and remains committed to providing high quality patient care. Enclosed are 12 sets of our renewal application packet. Should you require anything further, please do not hesitate to contact us. John Seeland Director MRlJ8 Enclosures t, - ... i RENEWAL OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (ÇQW FOR ST. LUCIE COUNTY CHECKLIST j j J j / ¡ I j RENEWAL APPLICATION ATTACHMENT A - PERSONNEL ROSTER ATTACHMENT B - VEHICLE ROSTER ATTACHMENT C - COMMUNICATION ATTACHMENT D -INSURANCE ATTACHMENT E - SERVICE AREA ATTACHMENT F - RATE SCHEDULE ATTACHMENT G - ADDITIONAL CONs NOTE: 12 copies of each packet, along with a check for $25.00, should be sent to: MaryGrace Padrick St. Lucie County, Dept. of Public Safety 101 North Rock Road Ft. Pierce, FL 34945 1\ " . ,"', RENEWAL APPLICATION FOR ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY COASTAL CARE ADVANCED LIFE SUPPORT JANUARY 2008 I, r, Í' It RENEWAL APPLICATION ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION Date: January 11. 2008 Classification applying for: Class B & F 1. Applicant's name: Coastal Care Advanced Life Support! a division of Martin Memorial Health Systems Address: P.O. Box 9010. Stuart. FL 34995: 2150 SE Salerno Road. Suite #108. Stuart. FL 34997 Phone: 772-223-5925 2. Applicant's business is a: ( ) Sole Proprietorship ( ) Partnership ( X ) Corporation If Applicant is a partnership, list the name and address of each partner: Name: Address: _N/A If Applicant is a corporation, list the name and address of the fOllowing: President: R.M. Harman. P.O. Box 9010, Stuart, FL 34995 V. Pre.sident: M. Robitaille. P.O. Box 9010. Stuart. FL 34995 VP Admin: K. Ripper. P.O. Box 9010. Stuart. FL 34995 VP Admin: J. TaQliareni. 2100 SE Salerno Road. Stuart, FL 34995 Secretary: H. Robbins, M.D.. Box 9010. Stuart. FL 34995 Treasurer: LM. Cocorullo. Box 9010. Stuart. FL 34995 Date of Incorporation: 1983 Place of Incorporation: Stuart. Florida (If Applicant is doing business under a fictitious name, please attach evidence of compliance with Section 865.09, Florida Statutes.) 3. Applicant's Medical Director: Rooer Nicosia. D.O. Address: Martin Memorial Hospital South. 2100 SE Salerno Road. Stuart. FL 34995 Phone: 772-223-5721 4. Please attach a personnel roster which includes the names of all Applicant's employees, posftion held, the relevant licenses held by the employee, and the license numbers and expiration dates, as required by the State of Florida. (See Attachment A) 5. Please attach a vehicle roster which describes all vehicles Applicant proposes to use in S1. Lucie County as well as the relevant license and registration numbers. (See Attachment B) .',- t~ , "" - I 6. Please list how you handle radio communication from your base of operations in St.Lucìe County to your vehicles and/or personnel out in the field. (See Attachment C) 7. Name of Applicant's insurance carrier and amount of liability coverage (per person and per occurrence). (Please attach Certificate of Insurance from such carrier.) (See Attachment D) 8. Area (s) proposed to be served by Applicant: Non-emeroencv for all of St. Lucie County. (See Attachment E) 9. Address of base of operation from which the proposed area(s) are intended to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for same.) Our St. Lucie base of operations is currently located at Martin Memorial Health Services at Tiffany, 1651 SE Tiffany Avenue, Port St. Lucie, FL., and an additional base may be added at S1. Lucie West as the need grows. 10. Proposed rate schedule: Please provide schedule of all rates for service currently applicable: (In addition, please indicate whether Applicant is willing to provide indigent transport service and community service during any emergencies). (See Attachment F) 11. Please list any other counties in the State of Florida or other states in which the Applicant holds a Certificate of Public Convenience and Necessity. (See Attachment G) I, ""; .. t STATE OF FLORIDA COUNTY OF MARTIN day of The foregoing instrument was acknowledged before me this ltnuCd1-1 I 3ö , 2008, by Mark E. Robitaille as VP/COO for Coastal Care Corporation 1::0. n.CA. A . t--h I'~ Notary Public, State of Florida 4:"J::!.~. DANA A. NILSON l~" :~ Com~1OO DO 640102 : :'¡~t:èbrûary 14, 2011 1l';\1d*ri\;lÎIT1oi¡FIin__7019 Personally known ~ or produced identification Type of identification produced EMSIEMSAPPP .11 07/13/95 revised 2/15/02 ., '" ATTACHMENT A PERSONNEL ROSTER , , Cbmmand ><5746 Coastal Care ALS LIst ~. ~ J , Last Name tI~t Name ~tus K-day Cty Position Berrv Chris MASH Paramedic Boyer Wavne MASH Th. e Paramedic Byrnes Michael FULL e Lead Paramedic Clifton Sharon FULL Lead Paramedic Conti Tom MASH B Paramedic Craton John MASH Paramedic Crusoe COry MASH Paramedic Dailey Tom FULL Paramedic Dundulis Donny MASH Paramedic Flynn James MASH B Paramedic Frisbie Jason MASH A Paramedic Gall~gher Chad PART C Paramedic Gilliam Dan MASH Paramedic Hancock Ken FULL Supervisor Herz David FULL Lead Paramedic HiGains Christina MASH Fñ. A Paramedic Hindman Tucker MASH e Paramedic Kammel Chris MASH e Paramedic McCallister Sean MASH A A Paramedic McConnell Mike MASH . p.ramedic Reinh.rd Rochelle FULL Paramedic Remian Joe MASH B Paramedic Rinker Jared MASH Paramedic Smith Garrett MASH Paramedic Bezotta David FULL EMT Brooks John FULL EMT Campbell Shawn FULL EMT Coffey Mike FULL EMT Cruz Georae FULL EMT DalY John FULL EMT Dick Ron FULL EMT Lankow Darrell FULL EMT Moyer Paul MASH EMT Murphv Se.n FULL EMT NelNl1lan Jennifer FULL EMT Rodriguez Marv FULL EMT ,.en John MASH EMT Hafner David Mailroom Coord. Kemper PeaQV Disnatcher Miller Maurene Office Coord. O'Shauohnessv Maureen Billina Coord. Proctor Jerrv Maint. SUDervisor Seeland John Director REV. 1·15·08 \ ,. ... ... '. ATTACHMENT B . VEHICLE ROSTER ~ , - . - .. . l;~;!~¡............ ""............ 1'\.11\) N I\) N N:tiiN íiwim¡æ ~ 8 m ~ g 8 8:5 g 8ig.!8 f~':;'~:-.J -.J.þ. ~ 0'1 c.n....... N OJ m 0'1,:~.~ .......... 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N -i,' ~ .. ~~;H~~do~~d::Jï:1d r r ::¡: (') (') l;:! ~ N w1J:J ~10l' 1J:J ]] -n?:: ~ Ñ ~ (:¡ ~ l3 ~1~¡~ f5 ~ m............ to) (.0) ~ N \.) m:WiN [D(J\(')CC~Oœmm,Jlo.!lffi!~ ~ os; ~ ~oo ~ Ut :::¡ No õt Q) ~~..I.þ. ~~ rooomNO ll'ÑiN .......þ.~ ~~a~~ð:~¡¡ijl~ ¡~~~~~ª*~~~i~~ (.o)(.TI-NCD ~)1F.! "- '., "I. ATTACHMENT C COMMUNICATION >. COMMUNICATIONS Coastal Care ALS Transportation Services Coastal Care ALS requires each ambulance to have two different sources of communication. The first source that each unit has is the Nextel cellular radio. The Nextel radio gives each unit the ability to contact several different sources in case of any emergency including our dispatch office, our Security Command Center (in operation 24 hours per day), and am bulance-to-am bulance. Additionally, the 400 mhz UHF Medcom radio is our second source of communication in the ambulance. The call sign is WPAJ385. The Medcom radio system allows us to communicate with all regional hospitals and any EMS service througl1out the State. We have also recently installed the Med 8 system as required by the State. The Care-A-Van vehicles are also equipped with the Nextel radio system. ~ í ~ - '.. .. " ATTACHMENT D INSURANCE " . ACORD_ CERTIFICATE OF LIABILITY INSURANCE . OPI¿ L~ DATE (IoIAIIDDlYYYY] MARTIOl 09/04/07 l'RODUCER THIS CERTifiCATE IS. ISSUED N; A MATTER Of INfORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Harden & Associates, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 806 ~iverside Ave ALTER THE COVERAGE AFFORDED BY TIlE POLICIES BELOW. Jacksonville FL 32204 I Phone: 904-354-3785 Fax:904-634-1302 ! INSURERS AFFORDING COVERAGE NAlC# ~,- .----- .-- lNSUlŒD INSURER A: SELF INSURED TRUST Coastal Care Corporation INSURER B: Col~~a Casualty Company 31127 Attn: Risk ManagemeIlt : INSURER C: -- PO Elox 9010 .' INSURER D: Stuart FL 3499,S-9010 - - .-- ,,-- INSURER E: .. .. COVERAGES THE POLICIES OF INSURANCE USTSlIlELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING /UN REaUIRI?ME~. TERM OR CONDmON OF AN{ CONTRACT OR OTHER DOCUMENT WITH. RESPECrTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL WE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUClES. AGGREGA.TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. ..'--'" .. l~ -.--...- LTR NSRI n'PE OF INSURANCE I POLICY tlUMBER DATË iMlolJDDtW'f' ~1;'Äh uurrs GENERAL UABu.JlY I EACH OCCURRENCE $.10,000,000 A ~ ; 09/01/07 09/01/08 PREMISES (Ea "":"~:,""'~t $ X -I COMMEROIAL.GENERAL LIABILITY , """" """""'" RE'l'lnr.rXOllt , l I ~MADE D OCCUR. ' MED EX? (My one pe"",n) $ . -- " ,$ A r-!... ~:r~fessional Liab """" xmnIRlID = 09/01/07 09/01/08, PERSQNAL&ADVINJURY -- '. - ,GENERAL AGGREGATE $ .," GEN'L AGGREGATE LIMIT APPLlÈS ÆR: I PRODUCTS - CO-M~ió~ ;GG $ - (n! \--, .._- --- POLICY ~ær i LOC AUTOMOBIl.EUABIUTY , - COMBINED SINGLE LIMIT $ ~ ANY AUTO (Ea accident) -,--- ALL O\'IINED AlfTOS i BODILY INJURY ---; $ SCHEDULED AUTOS (perpel'SCln) r-- HIRED AUTOS .. f- BODILY ItuJRY (Per accident) $ NON-OWNED AUTOS f- . - , PROPERlY DAMAGE f- (Per. accident) $ GARAGE LlABIUTY AlITO ONLY· EA ACCIDENT $ R _ . N-N AUTO. O'THER THAN EA ACC $ --, AlITO ONLY; AGG $ EXCESSJUMBRELLA LIABILITY EACH OCCURRENCE $10,000,000 B ~ OCCUR [!] CLAIMS MADE IDro2097442607 09/01/07 09/01/08 AGGREGATE ,$10,000,000 . J--..., ! $ ~ DEDUCTIBLE ...- ¡ $ '-' - _."' X RETEmlON no NH ! $ - WORlŒRS COMPENSATION AIlIÌ ITORY LIMITS I UE/l' EMPLO'lERS' UABIUlY , EL EACH ACCIDENT my PROPRIETORIPARÎ'NERlEXEClITlVE $ ---. OFFlcænÆMBER EXCLUDED? E.L. DISEASE, EA EMPLOYEE $ if~. describeln'lder --:- S ECIAL PROVISIONS belOl'l , E.L DISEASE.. POLICY LIMIT $ OTHER , I ! DESCRIPTION OF OPeRATIONS J LOCATIONS 'VEHICLES I EXCLUSIONS ADDED BY ENDORSeAEIO' , SPECIAL PROVISIONS RE: Additional Insured includes Roger Nicosia, DO Coverage is provided to the above referenced insured wi thin the scope of his employment with Coastal Care CorporatiOl:Ï.. RETRO DATE: 5/13/02 CERTIFICATE HOLDER EVIDE02 CANCELLATION 'SHOULD ANY OF THE ABOVE DESCRlBEÓ POLICIES BE CANCELLED BEFORE THE EXPIRATION. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRlTTEIl NonCE TO T¡iE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TD DO SO SHALL IMPOSE NO OBLIGATION OR UABiL NTS OR REPRESEIO'ATIVES. AUTHORIZED REPRESENTATIVE Evidence of Insurance ACORD 25 (2001/08) ,. ", .,.. W'~ ATTACHMENT E SERVICE AREA en· <.-:l r+" . c::> ~:~ S:::æ:. c:-D<.-:l ~~ § .!. --3: ~,~ ~J en @-18 ~·iit ~ b- f-..~ = ~. ;;; ,'. ~~ .r' ~ .,¡j if ,,-~ " . ~ Y"t ATTACHMENT F RATE SCHEDULE -" ,,~ -- FEE SCHEDULES Coastal Care ALS Transportation Services Ambulance Fee Schedule' DESCRIPTION ALS (one way) BLS (one way) BASE RATE $426.00 $280.00 MILEAGE CHARGE $9.00/mi. $9.00/mi. Care-A-Van Fee Schedule Stretcher Wheelchair $92.00 - one way $44.00 - one way $183.00 (round trip) $78.00 (round-trip) $7.00/mi. $4.00/mi. PPS PRICING (Rates are in effect only when the SNF is billed directly for services) SERVICE BASE PRICE OTHER 24 hrs/day 7 days/week BLS Ambulance $180 $8.00/mi '''H" ¡i""'-~"¡;!"i'"T!''''';::!V''''''-''-''' .,.. """". , '. . .. .,'" .' . SERVICE BASE PRICE OTHER 7:00 a.m. -7:00 D.m. Stretcher $60 $3.50/mi. (each way) (one attendant) Wheelchair Van $35 $2.00/mi. (one attendant) Additional Costs: After hours call $19.00 Additional Attendant $25/hr. Wait Time $15/halfhr. Rev.1-15-08 Coastal Care ALS and parent corporations, Coastal Care Corporation and Martin Memorial Health Systems, Inc., are not-for-profit organizations. We are committed to providing services based upon need, and we offer a full range of financial assistance programs to aid those with the inability to pay. Decisions to transport are based upon resource availability rather than on race, creed, or a patient's ability to pay. ø . "t " 'f!I + ATTACHMENT G ADDITIONAL CERTIFICATES _A., ¡' " ,. ~. ~ /./ . .. /< ~/ ,/ EMERGENCY MEDICAL SERVICES . CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY WHEREAS, Coastal Care Advanced Life Support Transport Service has requested authorization to provide Advanced Life Support services to the citizens of Okeechobee County; and WHEREAS, there has been demonstrated there is a need to provide these essential services to the citizens of this county; and . WHEREAS, the above named service affirms that it will maintain compliance with the requirements of the Emergency Medical Services Act (Chapter 401, F.S.) and rules (Chapter 10D-66, F.A.C.), . THEREFORE, the Board of County Commissioners ofOkeechobee County hereby issue a certificate of Public Convenience and Necessity to said Company to provide ALS services with the limitations as prescribed on tills certificate. In issuing this certificate, the governing body of Olœechobee County has considered recommendations of municipalities within its jurisdiction. Date issued 10/01/07 Date of Expiration 10/01/08 (Unless certificate is sooner revoked or suspended) Limitations: Advanced life suppôi:t & Basic life support interfacilitv transportation service out of the area. . Dated this 13th day of September, 2007. ~~~ . RayR. Domer, Chairman Board of County Commissioners Okeechobee, Florida (Attest) '~~~o~æ, Board of County Commissioners .okeechobee, Floridª ....' AGENDA REQUEST ITEM NO. E-2 DATE: April 8,2008 COUNTY". FLORIDA REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY{DEPT): Public Safety Jack T. Southard Public Safety Director SUBJECT: CertificClte of Public Convenience and Necessity (CON) RenewClI Application for We CClre Of The Treasure Coast for cl Closs B4 F CON BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: The Emergency Medical Services Advisory Committee recommends the Board of County Commissioners approve the renewal of Coastal Core Advanced Life Support Service Application for a Class B & F CON. ~ APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 Dou as Anderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Public Works Dir: copy only, if applicable) County Eng.: Eff. 5/96 - "-~~-~~-"~--_. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Jack T. Southard, Public Safety Director DATE: April 8,2008 SUBJECT: Certificate of Public Convenience and Necessity (CON)- Renewal Application of We Care ofthe Treasure Coast for Class B & F CON BACKGROUND: We Care of the Treasure Coast has submitted a renewal application for a Class B (Ambulances to operate a non-emergency inter-facility medical transport or transfer service at the ALS or BLS level) and Class F (Use of Wheelchair vehicles to provide wheelchair vehicle service) Certificate of Public Convenience and Necessity (CON). The Public Safety Director has reviewed the application and found it to meet the requirements of Chapter 1-12.5 of the Code of Ordinances. On March 19,2008, the Emergency Medical Services Advisory Council reviewed the application and recommends the approval of the renewal application. RECOMMENDATION/CONCLUSION: The Emergency Medical Services Advisory Committee recommends that the Board of County Commissioners approve Coastal Care Advanced Life Support Transport Service renewal application for a Class B & F CON. ~ , RENEWAL APPLICATION ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION DATE: ~ Classification applying for:_B ~ ç. 1. APPlicant'sname.:~JJ,<J ~o..réi,~ ~~~fQæ (E'. Cíí:IS+-,L'\C Address: ~ ~ J.1.S l'h~l.l,)O_~ " . "l6r-t S-\-.. LlL(~_t-€'-'1 lo'c IdÛ\--_ ,3ltC\5..3- Phone: ìl¿).-1:>Cl8-- 0<=645 2. Applicant's Business is a ( ) Sole Proprietorship ( ) Partnership (1'Corporation If Applicant is a partnership list the name and address of each partner: Name: Address: ~\)'-?-x1mhrL~ 8&04 'è[)" U~t\l~~u.nL(-i- _3~w-t f~ 1.11C ,e )+L ,~4q5;}- -\hL\;\~ ~.wo.~o.-s 'ð8bl.\: :so us ffiCj.,^u:n~1- ~t(-\- S\-. Luc_-,€ ) Çl_ 3~q 5d- If Applicant is a corporation list the Name and Address of the following: Name: ~ ~ au - 0£- -\-\-.e JD-a I'U<'~ £ft I~. Address: ,'~ <rJ.: C:n US \\l~\Lú'lL\ .1- . 't LUCJ ,+=L 3lfi5~ President: -e:o \0 ~-ro...Y1(lS V. President: .rQLL~CL ~m.\\n~ Secretary: tJ II}- , Treasurer: N ) A . Date of Incorporation: J\I\().f'C~ IC1<1.9 Place of Incorporation: -tÅ \Wì ~ea...c'r\ (' 0 lI'\.\-Y (If Applicant is doing business under a fictitious name, please attach evidence of compliance with Section 865.09, Florida Statutes.) · 3. Applicant's Medical Director: D('.\Yìeodcre. ~(Lpl:~'s Address: (cOO sa. UI)Úe... ~hL.t')~ ) S\-e.. Ira::? ~~a fu-\ÐV\ \ V L ~~343d-- Phone: ~I - 2Ji5-o LL- It 4. Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates, as required by the State of Florida. 5. Please attach a vehicle roster which describes all vehicles Applicant proposes to use in S1. Lucie County as well as the relevant license and registration numbers. 6. Please list how you handle radio communication from your base of operation in S1. Lucie County to your vehicles and/or personnel out in the field of operation. 7. Name of Applicant's insurance carrier and amount of liability coverage (per person and per occurrence). (Please attach Certificate of Insurance from such carrier.) 8. Area (s) proposed to be served by Applicant: ~r't'.... &... LL\C-\~ CouV\~ 9. Address of base of operation from which the proposed area (s) are intended to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation.) ~0L\ W. Üs ~u~ '~í+ St. luc t-e . " ,... ~ ,3L\.q5;}- 10. Proposed rate schedule: Please provide schedule of all rates for service currently applicable: ( In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies). ir 'l 11. Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Conve 'ence sity. STATE OF FLORIDA COUNTY OF ;S'-T. LL-l f-,'¡; The foregoing instrument was acknowledge before me day of ·'Jï;AluAe ( I :Hr'.<oJ) 7 I by 7A.-'( Lt'\ '"ß t}ó2 A- l:: oj for CD f1c.-rJ this '3 I -ST as Personally Known . or Produced Identification 'fL. ]:>ß'rEjZ.~ L 'e';,...) Jj? Type of Identification Produced HC/2.,'ñß ~¡'v'ë-2.s ¿/c¿¡JiE - EMSIEMSAPPP.11 07/13/95 revised 2/15/02 ;Y~~"~f> FRANKLIN TERAN ~ ' MY COMMIS.~JON /I DI).I85785 ~..... $ ~OFf\.t:) EXPJRE.':i: Oct 2~,.2009 (407) ~9-0!53 Ficril'1a N~tary -S~'lico;:¡.com 1()e t3evee of the Treasure Coast, Inc. (772) 398-0845 Office (772) 398-0846 Fax 8864 S. U. S. Hwy. One, Port St. Lucie, FL 34952 Toll Free 1-888-389-9919 RE: Renewal Application for St. Lucie County Certification Classification applying for: B & F Ouestion # 4: Haralambos Barakos, President - Driver - EMT B622-321-73-3490 Exp. 09/29/2009 EMT # 511633 Exp. 12/01/08 Paula C. Barakos, Vice-President - Driver B622-663-70-8740 Exp. 10/14/2009 Edward Grimpe - Driver G651-226-46-249 Exp. 07/09/2008 Roger Mills - Driver M420-721-74-106 -Exp 03/26/2014 Nicolas Keriazis, Manager - Driver K622-623-79-0 14 - Exp. 01/14/2010 Joseph J. Albano - Driver - EMT A415-490-84-212 - Exp. 06/12/2012 EMT # 514422 Exp. 12/01/08 SheHan Huggins Klassen - Driver- EMT K425-788- 79-873 - Exp. 10/13/2011 EMT # 303153 - Exp. 12/01/2008 Jacqueline A. Nacca - Driver - EVOC Certification Holder N200-421-82-791 - Exp. 08/11/2010 Reinaldo R. Ramirez - Driver R562-736-63-066 - Exp. 02/26/2010 William Ramos Jr. - Driver R520-920-85-001 - Exp. 01/0112012 , ,- , ~'~~ ~ '~ · , Stephen C. Reichenbach - Driver - EMT R251-783-85-l24 - Exp. 04/04/2013 EMT # 513250 -Exp. 12/01/2008 Jose Cheguy Roman - Driver - EMT R550-423-75-461-Exp.12/21/22010 EMT # 512433 - Exp. 12/01/2008 Charles Marshall Shaver - Driver S160-153-35-098 -Exp. 03/18/2012 Byron Jason Terry - Driver - EMT T600-070-79-257 Exp. 07/17/2012 EMT # 515091 Exp. 12/01/2008 Elena Keriazis - Office Staff K622-213-73-608 - Exp. 03/28/2008 Jacqueline Pellegrino - Office Staff P426-420-61-626 - Exp. 04/06/2011 Question # 5 - See attached Sheet Question # 6 - Radio Communication We Care has Nexte1 Phones with radios between the Dispatcher and Drivers. Ambulance has Midland Titan 100 Watt Radio installed in the vehicle. Question # 7 - Insurance Carrier - Please see Certification of Liability attached Lincoln General Insurance Co. Question # 10 - Proposed Rate Schedule Class F Rates (Wheelchair) $32.50 plus $2.50 per mile. Night rate 6pm - 6am $ 10.00 Holiday and Weekend rate $ 20.00. Wait Time $ 25.00 every half hour. Class B Rates (BLS) $ 250.00 plus $ 6.90 per mile ** Yes, We Care, is willing to provide indigent transport service and community services during any emergencies. From, Angela Rìcl<abaug~. CIC. CISR At· Charles L Crane Agency FaJ<ID: To, Nick ~ Date, 5/21/2007 09'12AM Page: 2 0(3 ACORD. OP ID A21 OA'fE (MMJOOIW'I'f) WECAR-2 ~I OS/21/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATiON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTifiCATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. J INSURERS ^.~ORDING_COVERAGE . ....._..}, NAIC~ __ : ¡'\SLPEP r\ L.a.ncoln G.neul In.uu1'u:. Cl). CERTIFICATE OF LIABILITY INSURANCE PRODUCER: Charles L. Crane Agency (Florida Office) 8265 W Sunrise Blvd Plantation FL 33322 Phone; 954-475-0045 Fax:954-916-1467 r¡ÑSURE;O .------~---_.._- We Care of the Treasure Coast 8864 SOUTH US HWY#l Fort St. Lucie FL 34952 1~:~~:·.-~=~~--~~---~~~"---=~- .-- -~-=E-- ._--= iNSUREr. E i COVERAGES THE Pr)UCIES or INSLJq,JJok:E lIsn:c. BELOW fiAVl'. BEEr\J ISSUl:ü TO 7HL-; !NSU~ED ~1ED MOVE FO~ THE ~'}ll'-=''f PE~IOO INDICATED N(JTWi1hsrA.-~DIN(; MY REOU¡~Ep.¡£~>IT, T'EnM en. CÖ'\lDITIONOF A/';'( CONTRACT OR 'JTi-1ER DOCL'MENT WrrH~ESpeC¡ ';"(: WHICH ThiS CERTIFICATE MAY BE. ISSUED on M4'f PERrAJ,." THE JNSLRAJilCE NFORl)ËD 8»' THE POlIC\FS OE:::;'.-:RIBEO HERE1N IS SUBJECT ro AlL rHE TERMS, E.XClUSIO"IS AND CQNOITlœlS Of SL1':H POLICIES AAGRf.GATE LIMITS SHO\-vN MAY HAVE BEEN RF.oUCF::O BY P.llJD CL.AIMS 'i:TR rNŠ'R, .....-- ····-·''l'OD1:VEFrEC711Æ'" POUC'/liXPlR)\mJN-r-----·--·-----·---·-·-- TYPE OF INSURANCE POLICY NUMBER CATE (MM'OOttYl OATE (MMJODIW , LIMITS AI GENE:RAl. L.IABILITY EACH OÇ(:uRREOCE ¡ 1000000 rx COMI'vIERCIAl GENERAL LlAB1LlTY LhT10022900 05/12/07 05/12/08 "é"'"''c:.S! ~_"CN' w ¡ 100000 "- ~·.-:.:.....O CLAIMS IvIAOE ŒJ OCCtft ~SES (Eel occurerrco) -- i ~~o EXP (My one person) $ 5000 !-- ~. '-.---" I PERSOWIl 8: ADV INJURY $1000000 1-- __M______ ____M___ ---~-._. .-- , (¡E~~ERA1... AGGREGATE $ 2000000 I--- - GENt AGGREGATE LIMIT Þ-PPlIE.s ?EH ~R()OUC rö . COIVPlOf) AGG $ Excluded -'1 n PRO· nLOr. ----- Petle'r' ..!fer AUTOMOBILE LIABILITY COMBINED SINGtE LIMIT I-- $ 1000000 A ,..m AUlCl LhT10022900 05/12/07 05/12/08 (Eil i:lccidenl) I-- I ALl OWNED AUTOS flOOIl.Y IN.JUfU f-- i ~ SC'Hf.DUlED AurOS I (Pel ?(lr<;¡onj , ---_.. .-----... "'....- "'- -- .- X HIRED AUTOS I ! BOOll Y INJUffl' $ ~ NŒJ· GINNED AUros ! (Pel itcc:JElrll) ¡ f-- --.-----------.----- i ¡.>RuPERT'{ DAMAüE ,$ (Ptl{BCCI,1e.o!) : CM\AGE. l.lA.elLïN I I Þ.uTO O~Jl)' . EA ACCIDEr~T : $ ~AN'f'\UTC' I --·---·----·--t---·--- i on-IER THAN .~~.~~. ~~.+____.._.. I r ALITa ON. 'r' AGG 'S EXC&SSrLlMBRELLA LIABILITY E.ll..cH OCCURRENCE $ ~ OCCUR CJ CLAIr-1S MMf:.' --_.__.~-- ..u.. -- --~---- AOORFJ;A TE .i.__.._..__ -_.._---,--- -.---.---. ~, $ ·····_·_·__·___M ..-- ...- OEDUC1181E $ -' RE.1E.HTlON $ I WORKERS COMPE:NSA TION AND I T~Þ.\.l :MI'tšn.L-L~1i EMPLOYERS' LIABIt.ITY 1------.. MlY PROPRlfTORfPARTI\€RlEXECUTIVE E LEACH AC"ÇIOOJT I rE-·~'- OIS~-E-~-~- E~IlF'L O'l"EE ... .---.-- ~FICERtMEMBER EXCLUOEO? . $ ~~~,~s,;g~ïR~ be~w ~-~'¡;SE;SË~ POlIC'( LIMIT I OTHER i I : I I I i , DESCRIPTlON OF opt=RAnONS / LOCATIONS f Ve:HICLES I eXCLUSIONS AOOED BY ENOORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCE~LATION SHOULO ANY OF THE ABove OeSCRIBEC POLlClêS BI: CANCEllED BEFORE THE EXPIRATION DATE THEREOF, mE ISSUING 'NSUReR WILL ENDEAVOR TO MAIL 30 OAYS WArTTEN NOTICE TO "P'HE CERTJFICA,TE HOLDER NAMeo TO THE leFT, BUT FAILURE TO CO SO SHAl.(. IMPOSE NO C6t..IGA nCN OH LIABILITY OF ANY KINO UPON THE INSuRER ITS AGENTS GR x ACORD 25 (2001/08) @ACORD CORPORATION 1988 .., rjrt:~1ZJ1Jl:l if i J2L-.~t.b.IIR-""n__- /fï= . N t'0 \.0 o C) o < c æ o ..J LL. LL. o W ~ ~ tI) tI) W o :> 0:: W tI) ::I:..JW !:j<~ <ow W-O ::I:fi3::::i LL~~ 0>0 ....08: ZZ::;) WWU) :eOW ....o::!:!: O::W..J <~O o.:W- .U) WLL« cOm ::J ~ 0:: ::J m /'J-il .L~~\¡¡œ~mm~m.æ~lSi,œ-~~!ll&:4d ~_ !I-~--- ,,---- h_ J", -". ~..J~ , ' E-< <rJ < o u ~... ~~ ¡:;¡,¡:: <rJo <... ~l:l< ~'() E-<ð.) ro;¡~ :tz E-< ... o ro;¡ CJ::: < U ~ ~ ,ç 1:! 8 o .... ,~ u z - oj ~] ~ 8.~ S 1i 13 § ·[:ju o (.) .;3;.::: lãæ .~ t..,.. "0 0 lä'Vi' "8" I ~~ > 0 '~ U ~ ~ a: :~r~ ~ ,ë;..:::,o -< ~i ~ ,5;"::: 'C "0 .-. o Q ~ - t;:;-- ... ,~ þ ~. 8. s ~ '" 0 :1;"'U § <1) 8 'Ë ;s ì'§ .š u:: Þ "0 -¡;¡ .~ !ä "0 gs '" ¡¡¡ ~ ~ >. 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LUCIE COUNTY LOCAL BUSINESS TAX RECEIPT BOB DAVIS, CPA, CGFO, CFC, ST. LUCIE COUNTY TAX COLLECTOR 0/ 0 ROOMS 0 SEATS 0 EMPLOYEES 6 7299 MISC/PUBLIC SERVICE ACCOUNT 7299-19990365 < EXPIRES September 30, 2008 . Inc We Care Of The Treasure Coast Haralmbos Barakos 8864 S US Highway 1 Port St Lucie, FL 34952 x RENEWAL NEW RECEIPT TRANSFER- ORIGINAL TAX AMOUNT PENALTY COLLECTION COST TOTAL ". $26.2! $26.2! We Care Of The Treasure Coast 3USINESS "OCATION 8864 S US Highway 1 City of pt St Lucie $26.2! P99000028770 ".._ - ~-;;;-~ -U ,. I -:::iGLL.. . ·.--r·...^ . CITY OF PORT ST. LUCIE LOCAL BUSINESS TAX RECEIPT PORT ST LUCIE FL 34952 THIS IS A RECEIPT FOR TAX PAID AND IS NOT REGULATORY IN NATURE Business Tax 115512/08-1035199 Fee: 121.55 Discount: 0.00 ~azTA~;L~ Business Address: 8864 S US HWY 1 Classification: AMBU AMBULANCE SERVICE Issued to: WE CARE OF THE TREASURE COAST INC. 8864 S US HWY 1 Fees: 121.55 Late W~fL B~.ñlf'!fò1~ r~N~~M~IftT 129~~š . UCIE .' Question #5 VEHICLE LIST Vin. Number Tag 1999 Ford E250 - IFTNE2423XHB21809 U024UU 2007 Ford E250 - IFTNS24W27DA03706 524AF 2000 Ford E250 - IFTNE2428YHCOO149 U611 UT 2002 Ford E250 - IFTNE24212HA50103 Hl82CI 2002 Ford E 250 - IFTNE24272HB65384 H364 YQ 2000 Ford E350 - IFDWE35S4YHA11261 nOlTE 1999 Ford F350 - IFDWF36F8XEE79234 Q551JE - Ambulance 2000 Chevy C3500 -lGBKC34F3YF468334 523AF - Ambulance CÓUNTY "". FLORIDA AGENDA REOUEST ITEM NO. -ª-- DATE: April 8, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Certificate of Public Convenience and Necessity (CON) Renewal Application for American Jets, Inc. BACKGROUND: See attached memorandum FUNDS WILL BE AVAILABLE: N/A PREVIOUS BOARD ACTION: RECOMMENDATION: The Emergency Medical Services Advisory Committee recommends the Board of County Commissioners approve the renewal application of American Jets, Inc. for a Class E CON. COMMISSION ACTION: [>1 APPROVED [ ] DENIED [ ] OTHER: J ouglas Anderson County Administrator Approved 5-0 Review and Aoorovats Management & Budget Purchasing: Other: Other: Copy only, if applicable) Eff. 5/96 - "" -~"-~_.."~~--~---- INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County CommisSioners FROM: Jack T. Southard, Public Safety Director DATE: April 8, 2008 SUBJECT: Certificate of Public Convenience and Necessity (CON) - Renewal Application of American Jets, Inc. for Class E CON BACIC6ROUNt>: American Jets, Inc. has submitted a renewal application for a Class E (Air Ambulance) Certificate of Public Convenience and Necessity (CON). The Public Safety Director has reviewed the application and found it to meet the requirements of Chapter 1-12.5 of the Code of Ordinances. On March 19, 200S, the Emergency Medical Services Advìsory Council reviewed the application and recommends the approval of the renewal application. RECOMMENDATION/CONCLUSION; The Emergency Medical Services Advisory Committee recommends that the Board of County Commissioners approve American Jets, Inc. renewal application for a Class E CON. " ,. . RENEWAL APPLICATION ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION DATE: Jon, tI J 1fJYtJ Classification applying for:~ 1. Applicant's name:1~~ :Rtsj. 1hc.. Address: $150~~~= If.. "PœJliY....) FL 2RLj4(p Phone: ?co aæs éó3ß ,. 2. Applicant's Business is? ( ) Sole Proprietorship ( ) Partnership (v) Corporation If Applicant is a partnership list the name and address of each partner: Name: Address: If Applicant is a corporation list the Name and Address of the following: Name: Amcrð (CUll üf1s)""Ln c.. . -- Address: jqEf) (yfèft5 k1Y1g fi,vd. R. ßeeœ, Pi.. ?l/94Lp President---.:Iát"'VttS Uoch ý) V. President Secretary: Treasurer: Date of Incorporation: I qc¡O . Place of Incorporation: stn'j( of Rnf2.lD1.P.-, (If Applicant is doing business under a fictitious name, please attach evidence of compliance with Section 865.09, Florida Statutes.) 3. ' Applicant's Medical Director:~ 1}. itJmka ! (Y] ·D· Address:~ A~ ajcj(.. 3f1, We}- PkRrø",. FL' 3LRSD I Phone: -=f1d' 4Øf-(ODt/ 4. Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates, as required by the State of Florida. .....0c-G~(A) 5. Please attach a vehicle roster which describes all vehicles Applicant proposes to use in St. Lucie County as well as the relevant license and registration numbers. . - S.QL-~ (6) 6. Please list how you handle radio communication from your base of operation in St. Lucie County to your vehicles and/or personnel out in the field of operation. -ðee ~O/ (~) 7. Name of Applicant's insurance carrier and amount of liability coverage (per person and per occurrence). (Please attach Certificate of Insurance from such carrier.) ~ $tL o.Jlæ,ned.(ö) 8. Area (s) proposed to be served by Applicant: &to L-0~ ~ I U5A-,' im:>kdJ tlrn1~ t!aYl¡li~Lù\ -X:C;~) :Iñk~ 9. Address of base of operation from which the proposed area (s) are intended to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation.) r?1e=t) l!-oRtt5 ~v(L. fl.. (Jœ1Y-) FL 31Q4fo @ ð/-./J:f'H?. Co.>nry ::Crtft~ AI~lU:-. 10. Proposed rate schedule: Please provide schedule of all rates for service currently applicable: ( In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies). - See: ilib·chEd (þ) \ I.' ¡.. 11: Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Convenience and Necessity. ~ ¿/ur Signature of Applicant STATE OF FLORID) _ COUNTY OF (ü~1 ~ The foregoing instrument was acknowledge before me this F-e-b day of 5 ,~Loo<f6, by /Îtelpdtè /) ¿;'Io~ as ~¡)AbJt.,f;Þlf ( dØHe ~ for A t lo~.l A Ú? Ió~ . P/lfP- G,étie J"~'ré~z'", Tanya Grothe €~··â-··~~c.ommission # DD372848 \~~~~~hxpir6: NOV. 17, 2008 "",g~,r.¡",' WWW.AARON~OTARY.com /2/JL c¿¡rò 6'// orP 7,7J'-Õ Personally Known . , or Produced Identification / . , Type of Identification Produced fYO/(XA tÎ/' I 7J bJ ~2 f'p.Le EMS\EMSAPPP.11 07/13/95 revised 2/15/02 PeffionnelRo~er200S Name Position License # Exp Date Joe Water Chief Medic PMD 17063 Dec-OB Danielle Roberts Medic PMD 507502 Dec-08 Earl Bakke Medic PMD 205614 Dec-08 Jim Ippolito Medic PMD 506954 Dee-OS Sharon Barnett Medic PMD 508286 Dec-08 Mathew Robdrigues Medic PMD 508671 Dec-08 Jason Haffield Medic PMD 206391 Dee-DB Cri~an O'Neill Medic PMD 503022 Dec-08 Joseph Delvalle Medic PMD 509424 Dec-08 Mark Elliot Medic PMD 509486 Dee-DB Marcus Gilroy Medic PMD 201121 Dee-08 Lisa Gruttadauria Medic PMD 18585 Dee-08 Gayle Nye Medic PMD 16936 Dee-OS Duane (Keith) Harmon Medic PMD 12155 Dec-08 Mathew Honan Medic PMD 506281 Dec-08 Mark Champion Medic PMD 14007 Dee-OS Vincent Felicione Medic PMD 17975 Dec-08 Jason Edel~ein Medic PMD 10175 Dec-OS Joesph Habib Medic PMD 205786 Dec-OS Alberto Arango RNlMedic PMD9837/RN9183345 12/08 04/09 Melodie Colon Chief RN RN 9207450 Apr-09 Katrina Morgan Chief RN RN 2873392 Apr-09 Ronald Buchanon RN RN 3287272 Apr-08 Mirijana Ramsey RN RN 9235439 Apr-09 Paula Staelens RN RN 9177363 Jul-08 Jule Swartz RN RN 1706282 Apr-09 Ned Thompson RN RN 1637802 Jul-08 Travis Gilbert RN RN 9243997 Apr-09 Hilary Aeschliman RN RN 92441616 Apr-09 Jennifer Swint RN RN 9264852 Apr-09 Cry~al Ulmer RN RN 9237675 Apr-09 Patricia McBraver RN RN 9195134 Jul-08 Lea Kranz RN RN 2814732 Apr-09 Kennis McCoy RNJRRT RN 9230771/RT2421 04/09 05/09 Mictlal Scott CRT TT 11209 May-09 Lee Winans DR ME 98688 Jan-09 Maureen Zelinka Medical Director ME 52169 Jan-10 Susan Zimmer DO OS 6642 Mar-08 James Hoehn Pilot ATP273461691 NJA Gary Burdsall Chief Pilot ATP/CFI267458877 NJA David Golightly Pilot ATPfFI2704131 N/A Jeremv Beiderman Pilot ATP/F1122600771 N/A Hanz Wink Pilot A TP2696409 N/A Ron Daugherty Pilot ATP1767540 N/A Sean Cooper Pilot COM/I nst280560882 N/A Chad Oakley Pilot COM2762038 NJA Fred Shultz Pilot COM/ln~572927044 NJA (AJ ::0 '~ ~ l:J I il 0 » If II ::T ;¡ » If II 0. 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I~ ~ wwt\J~ ~:i~-.. »»»~~I<l ;ü;ü;ü;o;o¡g 'iî'iî'iî"T1'ñ1 OJ rmrrr ~~~~~I5: ;oO;o;o;o~ m~f:ñmmCD -i~-i-i-i OJ rmwl\,) .~ ~ ~ gj o ~ ~ ~I-< CO([)IDtOc.o<D ~~~~~~ ,.... õ· ZCD ooooêoii: roWõ)ijj"QoCD ~~~~~~ õ.:Ë tJl OOOOêjj ðti~~ð~ ~~~~~~ ~~~88ro zzz (.oJ~CD 01~() Z O"a ^"1lCll < CD ::r õ· t:~lÞ ......,0: :::;5:CD -u;o;::l. :=!i ~ Nil ~'i, "'15: 01° m~ o lU (Õ o CD ;:¡. ::; (") ~* g Q, ~ -u Q~ m õ' i§o ¡nl tJl < (l) ::J lÞ ::J lil lU ::J 0. -u » a ã· ~ ~ õ· ::J Iir ~ g ~ ~ g ~ -u (1) 3 -u '" '" .. lU 01 OJ "T1 '" 0 0 '" (1) 0 0 '" '" Q, '" .7 '"0 CD o -., :;- '" t: Dl :l (") CD a 0 ð ð .. '" N N o a o a '" '" :;- '" c Dl :l <1 CD U1 "0 ~ õ· :l o III ãi , .}} AMERICAN A VIA TION MANAGEMENT SOLUTIONS, LLC AMERICAN JETS, INC. Providing Quality Service since 1981 C~) Toll Free WORLDWIDE HEADQUARTERS St. Lucie County International Airport 2950 Curtis King Boulevard Fort Pierce, Fl. 34946 800-225-3538 Ph: (772) 465-0893 Fax: (772) 465-7903 Radio communications betwe.en base and Aircraft's and or Personnel are accomplished with the use of cellular phones and Air Traffic Control radios. Certificate of Insurance (D) Named Insured Address of :Insured.: Company Policy Number Effective Date Expiration Date Aircraft Covered American Jel:s,. me_I James 1C.. Hcebn. and berican Avi.ation Kanagement. Solutions. LLC 2950 Curtis Xing Blvd.. Ft. Pierce. ll'lorida 34946 XL Specialty Insurance Campany/tl. Brown" Associates Hll.C3043302 November 16. 2007 at 12.01 A.H_ Local Standard Time August 4. 2008 at 12.01 A.M. Local Standard Time 1981 Learjel:: 25D... H4447P. having 2: crew and 5 passenger seats 1983 Learjet 35A, H35NX., having 2 crew and B passenger seats 197-6 Learjet 35A, JilB60S, having 2 CX'ew ·and 8 passenger seats AIRCRAFT LEGAL LIABILITY Combined Single Limit Bodily Injury (Including Passengers) & Property Damage: LIMITS OF LIABILITY $10,000,000 Each Occurrence Certificate Boldar. TO WHOM IT MAY CONCERN ~dorsements Attached-NOlle This Certificate is issued as a matter of iIlformatioIl oIlly and confers no rights upon the Certificate Holder. This Certificate does Ilot ameIld, extend or alter the Coverage afforded by the Policy and is intended only as evidence that the above insurance is in effect at the time of issue. ~9r~ ~:fJi(2~ Authorized Rep~esentative November 16, 2007 Date AVIATION INSURANCE HANAGERS. INC. 11650 CLBVELAND AVENUE llW. UNIONTOWN, OHIO 44685 (330) 494-1500 v ('6) - GENERAL STAR INDEMNITY COMPANY 695 EAST MAIN STREET, P.O. BOX 10354 STAMFORD, CONNECTICUT 06904-2354 A Stock Company Genera/Star'" MISCELLANEOUS HEALTH CARE FACILITIES COMMON POLICY DECLARATIONS POLICY NUMBER: IJG402346A RENEWAL OF POLICY NUMBER: IJG402346 i. NAMED INSURED: American Aviation Management Solutions, PRODUCER CODE: 00074840 LLC., American Jets, Inc. PRODUCER NAME: United States Excess & Surplus Lines MAILING ADDRESS: 2950 Curtis King Boulevard Fort Pierce, FL 34946 6929 West 130th Street Cleveland OH 44130 Named Insured Is: Corporation BUSINESS DESCRIPTION: Ambulances 2. POLICY PERIOD: Effective Date: September 9, 2007 Expiration Date: September 9, 2008 At 12:01 A.M. Standard Time at the mailing address shown above. 3. LIMITS OF INSURANCE: In return for your payment of the premium, and in reliance upon the statements and representations in the insured(s) application(s) for this insurance, we agree with you to provide insurance subject to the terms of the policy. t ";", ,', '.: >,';ê.c'·',. ..c.""': Professional Liability - Claims Made: · Each Claim Limit: · Aggregate Limit [Zl One Time, on a Shared Basis Regardless of Number of Locations or Insureds :" ~"~;P; ,TC:'j':ç. .'~:""::;:::". ,,;:';;.'t;Uíï\ìfiiF,s¡ß~Jl'i!slJ~Nï:tEr:.~sl D Separately to Each Named Insured Scheduled on Policy LIMITS OF INSURANCE APPLY (check one): $1,000,000 $3,000,000 General Liability - N/A: · Coverage A - Bodily Injury and Property Damage Each Incident/Claim $N/A o Products I Completed Operations Each Incident/Claim $N/A o Damage to Premises Rented to You Each Incident/Claim $N/A · Coverage B - Personal & Advertising Injury Limit - Each Incident/Claim $N/A · Coverage C - Medical Expense Limit - Each Person $N/A · General Aggregate Limit $N/A Policv AQoreqate Limit of Insurance for All Coveraoes. All Insureds and All Locations: $3,000,000 4. CLAIM EXPENSES: X a, Are included within the limits of insurance. b. Have a separate limit of insurance. GSI-06-MHCF-DEC (07/2005) Page 1 of 2 ¡ (ò) 5. DEDUCTIBLE: $ 7,500 Applies to: D Damages Only per Claim IX] Damages and Claim Expenses 6. RETROACTIVE DATE: The Retroactive Date for the insurance provided by some endorsements that are attached to and form a part of this Coverage Part may be different from the Retroactive Date shown below. In that case, the Retroactive Date applicable to the insurance provided by such endorsements will be shown in those endorsements. · Retroactive date: September 9, 2005 · Retroactive date: · Retroactive date: 7. PREMIUM FOR POLICY: $ 23,501 25% Minimum Earned Premium Applies, No Flat Cancel POtlCY CHARGES, i I Percentage of Full Annual Premium for 12-Month Extended Reporting Period: Percentage of Full Annual Premium for 24-Month Extended Reporting Period: Percentage of Full Annual Premium for 36-Month Extended Reporting Period: 165 % 185 % 225 % 8. Premium Basis: ParamediclEMT How Rates Aoolv: Per ParamediclEMT FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY ON ITS EFFECTIVE DATE: IL 600 (0112004) - Service of Suit Clause GSI-06-MHCF103 (0712005) - Common Policy Provisions GSI-06-MHCF100 (07/2005) - Professional Liability Insurance Coverage Part GSM-MHCF-Q6-01 (0512005) - MHCF Renewal Appliætion GSI-01-Ambulance Supplemental App (12/04) GSI-06-MHCF-280 (05/2006) - Amendatory Endorsemsnt - Ambulance Services THESE DECLARATIONS TOGETHER WITH THE INSURANCE COVERAGE FORM(S), COMMON POLICY CONDITIONS, FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. COUNTERSIGNED AT: Chicago, Illinois ~. flit¿¿ BY: Authorized representative or countersignature, whichever applies DATE: September 14,2007 GSI-06-MHCF-DEC (0712005) Pa~e 2 of 2 .~~l.~\ ",,'& HI '(£) . Toll Free WORLDWIDE HEADQUARTERS St. Lucie County International Airport 2950 Curiis King Boulevard Fori Pierce, Fl. 34946 AMERICAN A VIA TION MANAGEMENT SOLUTIONS, LLC AMERICAN JETS, INC. Providing Quality Service since 1981 800-225-3538 Ph: (772) 465-0893 Fax: (772) 465-7903 Rate Schedule: Variable, depending on destination and crew configuration, as well as Jet fuel cost. Indigent Transport: American Jets will review request for indigent transport on ª case by case biases. Community Serv-ice: American Jets will be available for county emergencies as requested. l~ . 0'\ ~ ..q- a a a « o - a: o ..J LL LL o w ~ ~ (f) en w o :> a: w .....enw .....J(/) ~«ffi «02 w-...J J:ßw 11.:2:2 0>6: I-Ow zz(/) ww~ :2:Gz l-a:<C a:w5 ¡f:El:D ww~ 011. a: 0- <C ~ « w c: ~ m \0 ..". C\ ..". rrl rZ ¡;$ ~ li:: ~ ~.g 0 ~.¡;: ~ ~ ~ ~J ð ~ ~ ~ ~ z S ~ fð ø ~ u ~ U'J ~ o l() C\ N 1;1 o:l3 i () tJ .s ell ..... ~ êl g¡ ~ .... g, .s ..... ~ ~ §< ð 1 11 :.!:l å' 8 .a r-.. ell () ~ E: Z ð 8 'E () U) ~~ ~~ ~~ J g 'a () ~ ~;¡ š p., l:Q .l!> . ....A o ~ 8 .¡:: () 0 Æli: QO o o ~ l:--' o ~ o ~ .!:l ~ ¡::a \0 o o ~ rrl .-< --. M o ~ A d j '" ;.!:l $ ~ "r:::l o = o '+:1 ~ a o ~ ~ .š .S "r:::l ~ 8- o ,D ;¡ã ..l:l '" ~ ~ o o ~ ] 8 i5 ~ .~ j ~ 8 tJ .~ :ä 'g æ .. ¡, .... ~ ~ 00 õ 8:8 u ~'º ll) 0 ~ .~ ~~ ~ a'ë6 j ~t < >< ~8 ~ ~ ol,š &: = .8 ~ ~ C'fU ~!El:'¡ ~ ~ ~.~ ~ ~ ¡:.-¡ () :l ~ ~ Þ.I ~ o ~ .B~ ] ~] ~ :¡ä l=l i ]~ B ;;.-.~ ~ êlêl '0 .s &! ~.~ ."., ell .g ~ ~z tJ 'E () U) I ~ ~ '" '" ~ ::E .-< § ¡J &: Š o us [)epar1menl ofT''''''I'Útalìal FedeIaI A'oIialion ~ ~ Air Carrier Certificate This certifies that AMERICAN JETS~ INC. 2958 CURTIS KING BLVD. FORT PIERCE~ FLORIDA 34946 has met the requirements of the Federal Aviation Act of 1958, as amended, and the rules, regulations. and standards prescribed thereunder for the issuance of this certificate and is hereby authorized to operate as an air callier and conduct common carriage operations in accordance with said Act and the rules, regulations, and standards pfe$cñbed thereunder and the terms. conditions. and limitations contained in the approved operations specifications. This certificate is not transfemble and. unless sooner surrendered, suspended, or revoked, shall continue in effect indefinitely. By Direction of the Administrat9r Certifk:ate number: SUZA6881 ~~- C--. (Signature) MANAOF.'6 (Tille) Effective Date: JANUARY 21, 1987 REISSUED: JANUARY ]2. 2004 IsSued at ORT.ANnO. FLORIDA SOTITHF,RN RFfiTON/A:-O-FSTlO-15 (RegíonI()fficø) FAA I'om> ß430..18 (6-87) M'S__~--"'_-1211lll18 COUNTY'. FLORIDA AGENDA REOUEST ITEM NO. ~ DATE: April 8,2008 REGULAR [ ] PUBUC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PUBUC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Certificate of Public Convenience and Necessity (CON) Renewal Application for A Quality Care Transport. BACKGROUND: See attached memorandum FUNDS WILL BE AVAILABLE: N/A PREVIOUS BOARD ACTION: RECOMMENDATION: The Emergency Medical Services Advisory Committee recommends the Board of County Commissioners approve the renewal application of A Quality Care Transport for a Class F CON. [>4 APPROVED [ ] DENIED [ ] OTHER: ouglas Anderson County Administrator COMMISSION ACTION: APproved 5-0 Review and ADDrovals Originating De Management & Budget Purchasing: Other: Other: if applicable) Eff. 5/96 - . .. .. ~c~=,.<_~~,~_~",~_._~._ INTER-OFFICE MEMORANDUM ST. WCIE COUNTY, FL.ORIDA TO: Board of County Commissioners FROM: Jack T. Southard, Public Safety Director DATE: April 8, 2008 SUBJECT: Certificate of Public Convenience and Necessity (CON) - Renewal Application of A Quality Care Transport for Closs F CON BACKGROUND: A Quality Care Transport has submitted a renewal application for a Class F (Use of Wheelchair vehicles to provide wheelchair vehicle service) Certificate of Public Convenience and Necessity (CON). The Public Safety Director has reviewed the application and found it to meet the requirements of Chapter 1-12.5 of the Code of Ordinances. On March 19, 2008, the Emergency Medical Services Advisory Council reviewed the application and recommends the approval of the renewal application. RECOMMENDATION/CONCLUSION: The Emergency Medical Services Advisory Committee recommends that the Board of County Commissioners approve A Quality Care Transport renewal application for a Class F CON. Respectfully submitted, -,. . ¥ RENEWAL APPLICATION ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION DATE: I J (1/ DB Classification applying for:.-CJ q6S F I I . 1. Applicant's"name:r A Q--a I;Jd(lCi{;' -7íifl.\.(C:P)i_J-cJ.¡IY~ Address: ~. 7 0:1 f\t"")f) r¡,~ . ~1-- 8- 11 tr¡(L,£[ . fJ· J L[ c¡ (I ì Phone: ï '77 - (tlQ-OQ5C! 2. Applicant's Business is a ( ) Sole Proprietorship ( ) Partnership (¢orporation If Applicant is a partnership list the name and address of each partner: Name: Address: If Applicant is a corporation list the Name and Address of the following: Name: ~ ~~'¡þ,,~ .. ~ Address:_~ _ --' bl--t,PÁ _ Ff . fF1 eJt¡J' ~ / R " (1 V'9 V 7 President: V. President: Secretary: Treasurer: Date of Incorporation: ~ I~ '05 . Place of Incorporation: t=+. +>'é"¡L£..~ , r;.¡ (If Applicant is doing business under a fictitious name, please attach evidence of compliance with Section 865.09, Florida Statutes.) · 3.' Applicant's Medical Director: Address: N/A- I Phone: 4. Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates, as required by the State of Florida. 5. Please attach a vehicle roster which describes all vehicles Applicant proposes to use in St. Lucie County as well as the relevant license and registration numbers. 6. Please list how you handle radio communication from your base of operation in St. Lucie County to your vehicles and/or personnel out in the field of operation. 7. Name of Applicant's insurance carrier and amount of liability coverage (per person and per occurrence). (Please attach Certificate of Insurance from such carrier.) 8. Area (s) proposed to be served by Applicant: ~ I 1 Dr; f {,~LyJ'L.¡ I 9. Address of base of operation from which the proposed area (s) are intended to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation.) ,9 -'7n;J' f] iJò kel -' 5\+ F-I- "\\;l?;itcc PI ) tic¡ L/7 ~ / 'I 10. Proposed rate schedule: Please provide schedule of all rates for service currently applicable: ( In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies). ,- '. 11. Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Convenienc: ~!J.d~ity. / ~ .r"""~'./-" / r······ -- A'1 E.. L-ð, UJA""-S STATE OF FLORIDA ~ COUNTY OF u)f EVELYN HORNE MY COMMISSION # DD510019 EXPIRES: April 01. 2010 Fl. Notary Dlscount As.sœ. Co. as this Personally Known : , or. Produced Identification rJ", ~~.' L.· . Type of Identification Produced r L -- I ~. . I . ¿./~ë¿;' ..::¡:¡:-: W:;-;;-: 7.;z..~'-- Z3 ~ .;Le¡-ò . e¿rpti.e-'''/f¿ EMS\EMSAPPP.11 07/13/95 revised 2/15/02 4. Ray E. Willi'ams Edward Bess Owner Dr i v·e r W452-725-73-329-0 B200-237~84-125-0 . 09/09/10 04/05/10 5 . Ford 1999 IFTNS@$L@XHCßß&I$ FORD 1998 lFBSS31LOWHB93262 6 . Nextel RADIO 2008-03-27 13:35 . DEMENTRIOUS LAWRENCE , 98- Ifb5s31lowhb9326Z 99- Iftns2412xhc33714 9122640611 » untitled Page 1 772 462 177 4 P 3/3 " ..~. .. . ..-- ...'. .'.- - tHIS·'ëElillll"ICATE IS ISSUED AS A MÄTtËIi o-FiNFÔRMATION ¡ pllODuceR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LOTUS !NStJRANCE GROUP HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2591 w. ORANGE BLOSSOM TRAIL ALTER .T.~.~c;OVERAGE AFFORDED BY TH~.g().~!~~ES_ BEL~ , APOPKA, FL 32712 INSURERS AFFORDING COVERAGE INSUIŒIl INSUReR ~, PROGRESSIVE EXPRESS INSURANCE A QUALITY CARE TRANS , lNSUIlf~ ~ 2702 BOOKER S'l:' IIlSUFlER. :;, FT PIERCE, FL 34947 INSURER D: I -. II~R~ -~ 11-IE POLICteS'ë)F INSURAf«:E LïsTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE.RIOD IN·DiCATED. NOT\'VITHST ÅÑOiÑG ANY REQUIREMENT, TERM OR CONOITION OF Þ1IY CONTRACT DR OTHER DOClJM.EiNTWITIi RESPECT TO WHICH THIS CERTIACATE MAY a¡¡ ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SU8JECT TO ALL THE TE~ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClJ\a.fS. ~tl 1YPEorlN$U~~.:e POUCYNUMBER ___ ~ _~ ~NERAL UABIUlY COMMfRCIAL GliNERAI. UAalUTY I CU>IMS MACe 0 OCCUR f-- - f-- ~I.AGGIl~ U"IIT AP~PER: I I POLICY. I ,~g: I I LaC _, ._. ~raMOI!ILE lJ)\ILIlY _ ANY AUTO _ ~L OWNED AUTOS .!. SCHEtl'JLEO AUTOS f-- H1R!¡O AUTOS _ NOtl<OWNE;D .AUTOS X UP $10,000 X UM 22/50 N"S .~ -., .. - -~ SJlQUIlJ.ANY OF THE ABQVl! DESGRj9ED ÞOUOIQ If OANCELLÐ BEFORE Tl/l!! EXPI~"'TlO DATE THERao¡;. lIlE ISSUIN\.! 1I¡5U1lER WILL ENOEAVOR TO MAI~1Q.... DAYS WI\ITlElI NOTICE TO THE CERnF=JCA TE HOIJ)!1l NAMED TO THE LIFT, BUT FAlLURE TO 00 so SIlALL IMP'OR NO OBUGAliON QI'l UABlUTY Of A'NY KIND LJI'òI'l THIi INSURE!\, n:s. AGENTS CI< RIÞllE8EKTAnVE5. WaR/ZED REPltE8ÈilIÁTM r NO,I~bU r ACORif·~CERTIi=ICA iE' OF LIABILITY iNSU.RÄNCE COVERAGES ......_. UMrT$ eACHOCCUIUlEN(;l¡ l FllIE DAMAG' (Any ono:;.ol S /Æll EXP (Any .... POo'jå\) S PeRSONAL&ADVINJUftY S GE~'ERAL"'G~GATE S Þ!\OCUCTlHXlIltP.op AGG $ . , COMllINr;Q SlMllE Lll\trr ¡ iEllOCIdll11) 08202251-0 '02/15/08 1900IlVIN..!JR'I' ! (pOI' P....,) 08/14/08: IIOIlLVIN~ (p... Bee <lIr1t) PROÆfiTV DNMGE """,ccdlllll) ~UGE llAllI..ITV I AN'( AUTO E)(OB" ~ltUrU1Y :::]. OCCUR 0 ClAIMS MAD~ --, DEDUC1'IllLe Î RETENTlCN $ 1II'llRKEIlS eOU"lMMTlONAND l!oIPlDY\iIla' u..alU1Y ~UTO ONLY· EAACCD5NT EAACC Aoo Olll!i~ TllAN AUID ONlY: E,Clj OCCUFVll:/lOE AGGRE9.'.TE' I j....- , .m¡: I I'l'òRYlufhtl ¡QI!1'l i E.L ~CH ACClOIõNT $ i E.L D:S~E -eA 1!1.4I't.0YeE $ ¡ l!.L DSEAS~,' POUCY I,lUIT t. I ¡ESTIMATED VALUE ._I.?9000,OO __. ~ . 'öTHEll PHY DaMAGE DE!?}. $500.00,.._ 082~f251-0. _' I....... DescRIPTION OF OI'~RAnONSll.CCATlONSlYEHICL~LI,I$IONS "DDEllllV ENlDllSEUE"ITJ&PEÇIAl.I'~0YS10N. fERTIFICATE. H~LDER 0 Ao.olTKlNAL INtVRliIl¡ lNSIJRER LEm~: CANCELLATION L ._ 1._" ACORD 25-5 (7/91) fl· I r-;;I>Tõ (MYIllCfM $300.000 $ $ $ $ $ $ ".\ .. . S S $ $ $ .....~.,.~~-- ~.~- $ ACÔRO CORPORATION 1988 . P.O. Box 585846 Orlando, FL. 32858-5846 (772) 429-0954 office (772) 464-8344 fax (888) 429-2728 toll free "A" Quality Care 'fransportation, LLC Providing reliable, efficient & quality transportation with a personal touch OFFICE HOURS MON -FRI 8:00-6:00 A V AILABLE 24 HOURS A DAY 7 DAYS A WEEK EFFECTIVE DA TE : September 7, 2005 AMBULATOItY (Call for a quote) WHEELCHAIR One - way 5 mile min ( for all wheelchair transport) $25.00 load @ $2.00 per mile $50.00 load @ $2.50 per mile after hour rate or plu and drop off outside of normal service area $35.00 per hour wait time, any trip outside of normal service area will have wait time added automatically $25.00 no show fee ( for trips inside servicing areas) There will be a charge of one-way ,plus mileage on trips outside the service areas . $100 min charge for wheelchairs scheduled for pickups between the hours of 12:00 a.m. to 7:00 a.m. STRETCHER RATES One - way 10 mile min (for all stretcher transports) $55.00 load @ $ 2.50 per mile $100.00 load @ $3.00 per mile after rate hours or plu and drop off outside of normal service area $50.00 hour per wait time, any trip outside of normal service area will have wait time added automatically $50.00 no show fee ( for trips inside servicing areas) There will be a charge of one-way ,plus mileage on trips outside the service areas . $100 min charge for stretchers scheduled for pickups between the hours of 12:00 a.m. to 7:00 a.m. Ray Williams CÒUNTY '. FLORIDA- AGENDA REOUEST ITEM NO. E5 DATE: April 8, 2008 REGULAR [ ] PUBUC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PUBUC SAFETY JACK T. SOUTHARD PUBUC SAFETY DIRECTOR SUBJECT: Certificate of Public Convenience and Necessity (CON) Renewal Application for American Medical Response for Class B, C & F. BACKGROUND: See attached memorandum FUNDS WILL BE AVAILABLE: N/A PREVIOUS BOARD ACTION: RECOMMENDATION: The Emergency Medical Services Advisory Committee recommends the Board of County Commissioners approve the renewal application of American Medical Response for a Class B, C, & F CON. COMMISSION ACTION: [>1 APPROVED [ ] DENIED [ ] OTHER: ~N~p Douglas Anderson County Administrator Approved 5-0 Review and Approvals Management & Budget Purchasing: Other: Other: Finance: (Che if applicable) Eft. 5/96 .- 'M":._· ._~_~__.___ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Jack T, Southard. Public Safety Director DATE: April 8, 2008 SUBJECT: Certificate of Public Convenience and Necessity (CON) - Renewal Application of American Medical Response for Class B, C, cl F CON BACKSROUND: American Medical Response haS submitted a renewal application for a Class B (Ambulances to operate a non-emergency inter-facility medical transport or transfer service at the ALS or BLS level), Class C (Ambulances to operate non-ernergency inter-facility medical calls or transfer service under a physician's order which originate in the county and which require on-board clinical capabilities which may exceed those of conventionally equipped and staffed ALS ambulance), and Class F (Use of Wheelchair vehicles to provide wheelchair vehicle service) Certificate of Public Convenience and Necessity (CON). The Public Safety Director has reviewed the application and found it to meet the requirements of Chapter 1-12.5 of the Code of Ordinances. On March 19, 2008, the Emergency Medical Services Advisory Council reviewed the application and recommends the approval of the renewal application. RECOMMENDATION/CONCLUSION: The Emergency Medical Services Advisory Committee recommends that the Board of County Commissioners approve American Medical Response rét1ewal application for Q Class B, C & F CON. Respectfully submitted, RENEWAL APPLICATION ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION DATE: l1ARCH 1, 2008 Classification applying for: Class B,C, & F 1, Applicant's name: Atlantic/Palm Beach Ambulance d/b/a American Medical Response Address: 1105 Barnett Dr. Ste.D. Lake Worth, Florida 33461 Phone: (561) 533-5633 2. Applicant's Business is a () Sole Proprietorship ( ) Partnership ( x) Corporation If Applicant is a partnership list the name and address of each partner: Name: Address: If Applicant is a corporation list the Name and Address of the following: Name: See Attached Corporate Registry Address: President: V, President: Secretary: Treasurer: Date of Incorporation: Place of Incorporation: (If Applicant is doing business under a fictitious name, please attach evidence of compliance with Section 865.09, Florida Statutes.) 3, Applicant's Medical Director: Dr. Joe Nelson Address: 5551 N.W. 9th Avenue Fort. Lauderdale, Florida 33309 Phone: 954-776-3300 i ~ 4. Please attach a personnel roster which Includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates. as required by the State of Florida. See Attached; 5. Please attach a vehicle roster which describes all vehicles Applicant proposes to use in St. Lucie County as well as the relevant license and registration numbers. See Attached; 6. Please list how you handle radio communication from your base of operation in S1. Lucie County to your vehicles and/or personnel out in the field of operation. See Attached: 7. Name of Applicant's insurance carrier and amount of liability coverage (per person and per occurrence). (Please attach Certificate of Insurance from such carrier.) See Attached: 8. Area (s) proposed to be served by Applicant: St, Lucie County 9. Address of base of operation from which the propOSed area (s) are intended to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation.) 192 W Midway Rd, Fort Pierce, Fl 34981 1105 Barnett Dr.. Lake Worth, Fl 33460 2552B SE Clayton St. Stuart, Fl 34997 10. Proposed rate schedule: Please provide SChedule of all rates for service currently applicable: ( In addition, please indicate whether applicant is willing to provide indigent transport service and community setViœ during any emergencies). See Attached: 11. Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Convenience and Necessity. W Miami-Dade County,Broward County, Palm Beach County,Martin County, Hillsborough County,pasco County, The City of Key West and STATE OF FLORIDA COUNTY OF ßwWcu~ The foregoing instrument was acknowledge before me this 1/)4 dayof df~ I ~,by Mlt:~ To fIa~¿ as áe'Y/~æ.é' /1a-n"rJ.e/ for ll-mbH'c:avt 11¿e4'cd ~¡.?.øw-?-e..... .... ~'c,la 13 - cd&:~ Notary Public, State of FI6rida ~ PAlRIC1A B. MAXFIELD ¡ MY COMMISSION t 00 375712 EXPIRES: NMmber 30, 2llO8 ........""'" NolIIf P....- Personally Known X ,or Produced Identification Type of Identification Produced EMSIEMSAPPP.11 07/13195 revised 2115102 Www.sunbiz.org - Department of State Page 1 of3 I .,,~'ß''''W~ . FLORIDA DEPÁRTMENT OF STATE '^ ,., J ' DIVISION OF CORPORATIONS j;¡¡;¡þ{~ ~;.~4 I ~_ .~ I ;b' Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List Events Name History I Entity Name Search Detai I by Entity Name Foreign Profit Corporation ATLANTIC/PALM BEACH AMBULANCE, INC. Filing Information Document Number P38131 FEI Number 330506808 Date Filed 03/31/1992 State DE Status ACTIVE Last Event REINSTATEMENT Event Date Filed 12/08/2000 Event Effective Date NONE Principal Address 6200 S. SYRACUSE WAY SUITE 200 GREENWOOD VILLAGE CO 80111 US Changed 01/17/2003 Mailing Address 6200 S. SYRACUSE WAY SUITE 200 GREENWOOD VILLAGE CO 80111 US Changed 01/17/2003 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE FL 32301 US Name Changed: 03/14/2006 Address Changed: 03/14/2006 Officer/Director Detail Name & Address Title D SANGER. WILLIAM A 6200 S. SYRACUSE WAY, #200 GREENWOOD VILLAGE CO 80111 US Title PCEO HARVEY, DON S http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in'L doc _ number=P38131 &inq... 3111/2008 ~.sunbiz.org - Department of State 6200 S. SYRACUSE WAY, #200 GREENWOOD VILLAGE CO 80111 US Title VPAS MACLEOD, DOUGLAS 6200 S. SYRACUSE WAY, #200 GREENWOOD VILLAGE CO 80111 US Title EVP ZIMMERMAN, TODD 6200 S. SYRACUSE WAY, #200 GREENWOOD VILLAGE CO 80111 US Title VPST OWEN, RANDEL G 6200 S. SYRACUSE WAY, #200 GREENWOOD VILLAGE CO 80111 US Title AS JOHNSON, BENJAMIN 6200 S. SYRACUSE WAY, #200 GREENWOOD VILLAGE CO 80111 US Annual Reports Report Year Filed Date 2006 02/07/2006 2007 07/05/2007 2007 09/26/2007 Document Images 09/2G/2007 ANNU/\ F¿E:PCí=(·l (' 07/05/2007 /\NNU/\ nt::PGf\'T r n)'),j14i20r)g "¥- PPrl ¡i(",~lr'lt (,'h;J;!.'.·,·l~~ I ': ..." . "., "---,_. ". ~'" -"'P ~ .~ v ~~ 02/07/2006 !\NNU/\" FEPOFT I 01/17/2005 .m I\NNUA.... REf"()HT I 01106/2004 ...- f\NNUf\ P[:POf~T r 01/1712003..- /~NNU¡\,,_ RE.F>ORT I 04107/2002 .... ¡\NNW\ .. FŒPORT I 04110/2001 ·..¡\NNUi\.. FEPORl [ 12/08/2000 REI~JS'íi\TEMENT I OSIOS/199H.. f\NNUf·... REf'OFU I 05!11!1H98 -- ANNUk. HEPOHT [ 03/17/1997 - AHNUf'." f~EPORT [ View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List J I ] I I I ] I ] 1 ] ] ] Page 2 of3 Events Name History Entity Name Search (;;1'« Cn!'¡t:~ct U~; ,¡ ;;:-'in:';',',:: St-';:¡r(~!">>:"; !;'~;;;¡n() SU-'j;(.\'.:'j !-,rf,')':;; rj~:'¡p (~l -,,"; ¡. ·)Tj P"¡'.lac./ F()Lc¡>-;s http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inlL doc _ number=P38131&inq... 3/11/2008 Employee Roster EMT EXD. Date Certification # Geoffrey Gabriel 12/1/2008 EMT509326 James Mincey 12/1/2008 EMT50836 Jasper Snead 12/1/2008 EMT515433 Joshua Mark 12/1/2008 EMT306707 Lahiri Garcia 12/1/2008 EMT78718 Widmark Johnson 12/1/2008 EMT515639 Paramedic EXD. Date Certification # Christine Mills 12/1/2008 PMD511716 Tim Maribona 12/1/2008 PMD16839 AJ O'laughlin 12/1/2008 PMD10529 Non Medical Jean Cine us Dale Salerno Jordan Schumann .... .... t:: () () Ol E rf. ~ '" t:: ~ Q¡ ~ u.. .s- 1:l ll2 '" 1 1Il C o m~ m êi5 oc. ~O æ .!!1 u:: g -l ëïj mCX)(1')l.Ov..........CO.....N "CJ:>00000CJ:>00 1lICJ:>00000CJ:>00 C.....N~~C'\INr-N~ ~ð(;)("")~lõÒ)ON..... ØA ..... N N__ __ C'\I ..... 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Gl Ql Gl Ql Ql Ql Ql Ql» ..c ~~~e-~õ.~~UU ~~..........~.....~.....~~~ c c Cll Cll » uu ~~ Giggggggggs;!OOO -gMMMMMMMMÑ~~~ :¡¡WWWWWWWWWWWW ~"E"O'C'O"E"E"E"E'C'O"U-o ~ 0 0 0 0 0 0 0 0 0 0 0 0 :¡¡u..u..u..u..u..u..u..u..u..u..u..u.. !~~~~~~~~~~~~ >-CIl::: ............ ~ Ž CD 5;:) CD ()~¡¡: WO (311.'11: :: ~ ~ . ~ c lñ~w ...... N c") -.t IS) «) I'- CO ...... NN NC") ~ ooooooooN . «)«)«)«)«)«)«)«)«)«)«)-.t co«««cocococo~~~~ --C\lC"')-.:tLOC'O,.....OOcJ:)~ ....N .... ...... -- AMERICAN MEDICAL RESPONSE March 1,2008 Director of Public Safety St. Lucie County Department of Public Safety 101 North Rock Road Ft. Pierce, Florida 34945 Re: CON Renewal Information In response to line six on the St. Lucie County application for COPCN renewal, our communications are handled through a G.EAC. Computer Aided Dispatch Center in our Broward County Operations Center. All communications dispatchers are Emergency Medical Dispatcher Certified. Radio communications are via Nextel radios with base station. FCC license #0000083949. Call sign: KB72061. Sincerely , ~ Willia J Gene I 5551 N.W. 9th Ave.. Ft. Lauderdale. FL 33309 (954) 776-3300 . (954) 776-5165 CORD... . , I 1 1',' 1,', 'I' I' ,~' , ~ ,". .", ~- - AOn Risk services, Inc. of colorado 4100 East ~ssiss,ppi Avenue Suite1500 oenver CO 80246 USA DATE MN DO YYYV 03/29 2007 8 CER11FJCATE IS ESUED AS A MA.TI'ER OF INJlORMAnON ONLY' CONFERS NO RIGHTS UPON TW: CER11FICATE HOLDER. THIS CEIl11FlCATE DOES Nor AMEND, EXTEND OR ALTER 11D: COVERAGE AFFOllDED BY THE POLICIES BELOW. 1'IIOlI1:. 303 758-7688 'AX- 303 758-9458 - American Medical Response 6200 south Syracuse Suite 200 Greenwood Village co 801U USA INSVUIlS AFJIORDJNG COVERAGE NAlCfI 22667 1IlI\IaBA: ACE AIIerican Insuranc. co. an IIlI\IaB e, NadoJJa1 Union Flre Insurance Co or P A IHSUIIlIl C: IIISVIEIl D: IIISVIEIl E: J, . . . _ ~~r: -~~' .J.~f':~ . - 11Œ I'ŒJCŒS (lIl' DlSIlRANCIl LIS11lD BELOW HAVE BIlIIN ISSUIlD TO nœ DlSUltED NAMED ABOVE FOIl. 11DIPOLICY PEIUOD INDlCA11lI). N01WITJISTANDINO AMY 1UlQtJIRIlMIiNJ, 'DŒM OR CONDII1ON OF AMY CON1RACT OR. 0'I1ŒIl DOCUMIlNT WJIH RIlSl'\l(;' TO WHlt:H 1HI8 CER.1'IFICATIi MAYBE ISSUED OR. MAY PIlRTAIN, THIlINSUIWlCE AFFOaDED BY 11Œ POLICIIllI ÐIlSCRlBBD HBRllIN IS SUBJECT TO ALL THIl1'ERMS, EXa.usJONS AND CONDlI'IONS OF SUCH POUCŒS. AOGREGA11! LIMITS SHOWN MAY HAVE BBBN REDIJCEI) BY PAID a...\JMS. . - ~ TTn: 0JI1NlIlJIWICI I'ClUCY MJllIBDl !OLICY I:XPIIU.mlN Lft IlAUØOI\DDIYl') ÐATl(MMlDDlYY) UMITI A ~~~~ XSLG2372585A 03/31/07 03/31/08 1lAaI0CQJ)RIIIlCIl 52,000,000 ~=~-=l 5100,000 a..AallloWlIl I!] OCCIJB. -- P~"ADVJNroP.Y 52,000,000 ŒNIlIlALAOClllIlGA1l! 56,000,000 GIlIl'L AOClIlIIClA'I1l1JMn' APPUES PER; 52,000.000 PNlDUCTS -lXaIPlO1 NXl DPOUC'i D:I!ILDC " AVI'OMOIWI: LIüIUI'Y r5A H08231370 03/31/07 03131/01 COIoIIIDŒD lIIIIOLE LlMIT '5r ANY AU'IO (Eo_) 55,000,000 - , ALL 0WNIlII Al1J'llS BODILY INJURY' ! SCIlEIlllLEÐ AI1I'OS (Pw_) IIIRI!D At/TOIl IIODILY mJUlY - NON 0\lINI!D A\J'IOS (Pw ......, - I'IIOIÐ.TY DAMAGE - Il'e'--Il GlUlAGE UtUIILIl'Y AIIl'O om. Y ·IlAACCIDIlNT RANYAtml 0'I1IIlIl. 'IHAN MAœ At1I'O ONLY: AGO B IXCISI"........... .A1.IABIUTY TBD ._,-- BAal 0CICUIlIlIlNCE ~u,"'^',,,,,,, ~oc:ca Da.AIlØ- _1'8 . $25.000.000 B:::: $25.000 A WLRC oii3ií07 õiíiiíõã X I!!:. ITATU: I I~ A _COIII'EIlIA'I1OII' AIQ SCFC«463313 A DIJ'I.OYDI' UABIU'I'Y WCUC44469325 03/31/07 03/31/08 JU.. EAalA<:aDEIlT $1,000.000 ANYPIODDlI'ClI./ PARTNI!R/EXECU1'Ml llfFlCIlIlIMBMIIJ!R IlXCLUIIIlD7 Il.L. DIllIlASII.JlA IM'LOYIlIl 51,000,000 Jr_ __IPIlCLU.PIOVIlllONS IlJ. DISIlAI&IOUCYLIMIT $1,000,000 INlow 0111I:I DIllICJII'DOHClFClI'EIATIOIllWl'l1ON1lVEBla.BSlBllCl.l1Sl _BY~PROVl8IONS verification of Insurance - NaIled Insured Includes: ....erican Medical ReslQllSe Inc, cancellation Provision shown herein is subject to shorter or longer ti.e periods depending on the jurisdicdon of, and rllllSon for, the cane.llation. . , -- . . , - , , ,. - - -. .. ,k " , . _ou_ _ -~ -~ . . AIIerican Medical Response 6200 S s)'raeuse way '200 Greenwooil co 80Ul USA SIlOVLO ANY 01 T1IIlA!OVl!DIl$CIIBEDPOLIClllS BllCANcm.u!ollEFOllll THE I!XPIRAlION DA'I1l TIlIlIIlOF, 11IIl1liSlllNO IIIStIlIIa WILL IINDIlA \lOll '10 IWL JO DA.YI WBInEN NOtlCIl'lO T1IIlCllR1IPJCA1'B IlOUlllIl. NAMI!D '10 T1IIlUlFT. mrr PAIW1Œ '10 DO 10 IIlIAU.IUPOSIl NO OBUOATJON OIlLWllLm' or AllY IJND 1JPlIN1JlIl1NSlJRlll, ns AllI!NTS OIlUPlllSllNTATIVEll, AlI\'lØIZI!DIlIIPIIlSIlNI'ATMl ð- ~- ~ ~- - "- - . - - ~ . ',"\...-,Icl·¡l. " _ __ ,.¿,!~,_",:'ll:~\,¡:,,_lr,:)i..,,».'.' .. .. ~ II :5! ~ ::l!! N 01 m . m ... ... N o o ... II'l c Z ,f J ;: s to; - = t ~ ~ I ~ Ii iii -- AMERICAN MEDICAL RESPONSE March 1, 2008 Director of Public Safety St. Lucie County Department of Public Safety 101 North Rock Road Ft. Pierce, Florida 34945 Re: CON Renewal Information In response to line ten on the St. Lucie County application for COPCNN renewal, our published rates for services provided in St. Lucie County, Florida are as follows: Specialty Care Transport ALS: BLS: Mileage: Oxygen: Wheelchair: Mileage: Non-Medical Stretcher: Mileage: $575.00 $500.00 $250.00 $8.00 $35.00 $60.00 $2.25 $75.00 $3.00 Atlantic/Palm Beach Ambulance, Inc. d/b/a American Medical Response will transport indigent patients and provide community service, if available, only during a time of emergency. Sincerely --J j ¡f () dr. . Ó/iff Willia J Hall Gene I anager 5551 NW. 9th Ave.. Ft. Lauderdale, FL 33309 (954) 776-3300 . (954) 776-5165 ITEM NO, F-1 DATE: April 8, 2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: AIRPORT DIANA LEWIS, DIRECTOR SUBJECT: Request approval of Resolution 08-098 accepting the Florida Department Transportation (FOOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $536,800 to complete the design and installation of the security access control system at the St. Lucie County I nternational Airport. BACKGROUND: In the FY 2008 Capital Budget, the second phase of the security access control project was approved with a project cost of $1 ,545,648, with a FOOT grant of $1 ,236,518 and a local match of $309,130. The FDOT JPA that was approved by the Board In September 2007 (Resolution 07-021) reflected a total project cost of $929,000 with FDOT grant of $743,200 and a $185,800 local match. In February 2008, FOOT advised that they would be increasing their grant participation by $536,800 for 80% of the $671,000 supplemental cost for this project. This supplemental grant is for a total project cost of $1,600,000 ($1,280,000 FDOT and $320,000 local match) to allow for the Phase 2 design and installation of the security access control system at the Airport. With this supplemental grant, it will increase the local match needed by $10,870 from what was approved in September 2007 for a total local match cost of $320,000. This additional $10,870 is available in the Airport Reserve Account. FUNDS AVAILABLE: Funds are available in 140351-4220-563005-4803 Infrastructure-Consulting Engineer (20% Local match was approved as part of the FY 08 Budget). Funds for the local match increase are available in the Airport Reserve Account 140-9910-599300-800. PREVIOUS ACTION: Board approved FOOT JPA for first phase in June 2005. The Board accepted the FDOT JPA and approved Resolution 07-271 for the second phase in September 2007. RECOMMENDATION: Staff recommends that that the Board of County Commissioners approve Resolution 08-098 accepting the Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (JPA) in the amount of $536,800 for 80% of the $671,000 cost along with the additional $10,870 for 20% of the local match cost to complete the Phase 2 design and installation of the security access control system at the St. Lucie County International Airport and authorize the Chair or designee to execute the same. COMMISSION ACTION: (~APPROVED () DENIED ( ) OTHER DO ANDERSON Approved 5-0 COUNTY ADMINISTRATOR ...~. County Attorney () I" Originating Dept. (~ Coord ination/Siq natu res . Mgt. & Budget ()~ ^{f:' Other ( ) Purchasing ( ) Other ( ) BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: March 26, 2008 Re: Request approval of Resolution 08-098 accepting the Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $536,000 to complete the design and installation of the security access control system at the St. Lucie County International Airport. ******************************************************************************************************************* In July 2006, the first phase of the security access control system for the airport was completed. This project was funded with an FDOT grant but due to limited funds the project could only include the badging system and installation of card readers on certain gates. In the FY 2008 Capital Budget, the second phase of the security access control project was approved with a project cost of $1,545,648, with a FDOT grant of $1,236,518 and a local match of $309,130. The FDOT JPA that was approved by the Board In September 2007 (Resolution 07-021) reflected a project cost of $929,000 with FDOT grant of $743,200 and a $185,800 local match. In February 2008, FDOT advised that they would be increasing their grant participation by $536,800 for 80% of the $671,000 supplemental cost for this project. With this supplemental grant, this will increase the local match needed by $10,870 from what was approved in September 2007 for a total local match cost of $320,000. This supplemental grant is for a total project cost of $1 ,600,000 ($1,280,000 FDOT and $320,000 local match) to allow for the Phase 2 design and installation of the security access control system at the Airport. This additional $10,870 is available in the Airport Reserve Account. Staff recommends that that the Board of County Commissioners approve Resolution 08-098 accepting the Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (JPA) in the amount of $536,800 for 80% of the $671,000 cost, along with the additional $10,870 for 20% of the local match cost, to complete the Phase 2 design and installation of the security access control system at the St. Lucie County International Airport. RESOLUTION NO. 08-098 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 414579-1-94-01) FOR COMPLETION OF THE DESIGN AND INSTALLATION OF THE SECURITY SYSTEM AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT; AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT; AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for completion of the design and installation of a security system at the St, Lucie County International Airport (Fin, Proj, No, 414579-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Supplemental Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St, Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Supplemental Joint Participation Agreement with the State of Florida (Fin. Proj, No. 414579-1-94-01) to provide funding for the completion of the design and installation of the security system at the St. Lucie County International Airport, 2. The Board hereby authorizes the Chairperson to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness, After motion and second, the vote on Resolution 08-098 was as follows: Chair Joseph Smith XX Vice-Chair Paula Lewis XX Commissioner Charles Grande XX Commissioner Doug Coward XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this _ day of ,2008, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 STATE OF FLORIDA DEPARTMENT DF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 1 725-030-07 PUBLI C TRANSPORTATION 04/07 Page 1 of4 Financial Project No.: 41457919401 (tem~seg ment~phase-sequence) Fund: DS Function: 637 Federal No.: FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No.: VF596000835030 Catalog of State Financial Assistance Number: Contract No.: AOY15 DUNS No.: Catalog of Federal Domestic Assistance Number: THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St Lucie County Board of County Commissioners hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 15th entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and day of October ,2007 WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $1,280,000.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Install Access Control System at St Lucie County International Airport 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by bringing the revised total cost of the project to $ 1,600,000,00 725-030-07 PUBLIC TRANSPORTATION 04107 Page2of4 $671,00000 Paragraph 4.00 of said Agreement is increased by $536,800.00 bringing the Department's revised total cost of the project to $ 1,280,000.00 3.00 Amended Exhibits: Exhibit(s) B 4.00 Contract Time: Paragraph 18.00 of said Agreement N/A of said Agreement is amended by Attachment "A"- 725-030-07 PUBLIC TRANSPORTATION 04107 Page 3 of 4 Financial Project No. 41457919401 Contract No. AOY15 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated October and any subsequent supplements shall remain in full force and effect. 15th 2007 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FDOT St Lucie County Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION TITLE Interim Director of Transportation Development TITLE 725·030-07 PU8L1C TRANSPORTATION 04107 Page 4 of4 Financial Project No. 41457919401 Contract No. AOY15 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie County Board of County Commissioners dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Funds added due to updated project estimates I. Project Cost: As Approved As Amended Net $929,000.00 $1,600,000.00 $671,000.00 Total Project Cost $929,000.00 $1,600,000.00 $671,000.00 I. Fund As Approved As Amended Net Department: $743,200,00 $1,280,000.00 $536,800.00 Agency: $185,800.00 $320,000.00 $134,200.00 $0.00 $0.00 $0.00 Total Project Cost $929,000.00 $1,600,000.00 $671,000.00 Comments: 72s.il3D-D7 PUBLIC TRANSPORTATION 04107 Add¡tional Page III. MULTI-YEAR OR PREQUALlFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $000 FY $000 FY $0.00 FY $0.00 FY $000 FY $000 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0_00 FY $0.00 FY $0.00 Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds. ITEM NO. F-2 DATE: April 8, 2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: AIRPORT DIANA LEWIS. DIRECTOR SUBJECT: Request approval of Resolution 08-097 accepting the Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $32,475 to complete the upgrade to the Electrical Vault at the St. Lucie County International Airport. BACKGROUND: In September 2007, the Board approved and accepted Resolution 07-273 Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $167,525 for 80% of the $209,406 cost to upgrade the Electrical Vault at the St. Lucie County International Airport. In February 2008, FDOT advised that they would be increasing their grant participation by $32,475 for 80% of the $40,594 supplemental cost for this project, In the FY2008 Capital Budget, this project was approved by the Board for a total cost of $209,406 with the $167,525 FDOT grant and a local match of $41 ,881. Due to this supplemental grant, the local match will need to increase by $8,119 for a revised local match of $50,000. The $8,119 is available in the Airport Reserve Account. This increase results in a total FDOT grant amount of $200,000 with a local match of $50,000 for a total project cost of $250,000 to complete the upgrades to the Electrical Vault at the St. Lucie County International Airport. FUNDS AVAILABLE: Funds are available in 140352-4220-563005-4806 Infrastructure-Consulting Engineer (20% Local match was approved as part of the FY 08 Budget). Funds for the local match increase are available in the Airport Reserve Account 140-9910-599300-800. PREVIOUS ACTION: The Board accepted the FDOT JPA and approved Resolution 07-273 in September 2007. RECOMMENDATION: Staff recommends approval of Resolution 08-097 accepting the Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $32,475 for 80% of the $40,594 cost, along with the $8,119 accompanying local match cost, to complete the upgrades to the Electrical Vault at the St. Lucie County International Airport and authorize Chair or designee ~éxecute same. COMMISSION ACTION: ~ APPROVED () DENIED ( ) OTHER DOU ANDERSON Approved 5-0 COUNTY ADMINISTRATOR 1 y( County Attorney () (/' <.::. ~.. "\ =--- ¡ - " Originating Dept. ("r ìt~ C/ Coordination/SiQ natu res Mgt. & Budget ( ) ~ Other ( ) Purchasing ( ) Other ( ) Finance: (check for copy, only if applicable)_ BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: March 26, 2008 Re: Request approval of Resolution 08-097 accepting the Florida Department Transportation (FOOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $32,475 to complete the upgrade to the Electrical Vault at the St. Lucie County International Airport. ******************************************************************************************************************* In September 2007, the Board approved and accepted Resolution 07-273 Florida Department Transportation (FOOT) Joint Participation Agreement (JPA) in the amount of $167,525 for 80% of the $209,406 cost to upgrade the Electrical Vault at the St. Lucie County International Airport. The upgrades were needed to add capacity and replace existing regulators which will allow the expansion for future electrical needs and provide improved reliability for airfield electrical facilities. In February 2008, FOOT advised that they would be increasing their grant participation by $32,475 for 80% of the $40,594 supplemental cost for this project. In the FY2008 Capital Budget, this project was approved by the Board for a total cost of $209,406 with the $167,525 FOOT grant and a local match of $41,881. Due to this supplemental grant, the local match will need to increase by $8,119 for a revised local match of $50,000. The $8,119 is available in the Airport Reserve Account. This increase results in a total FOOT grant amount of $200,000 with a local match of $50,000 for a total project cost of $250,000 to complete the upgrades to the Electrical Vault at the St. Lucie County International Airport. Staff recommends approval of Resolution 08-097 accepting the Florida Department Transportation (FOOT) Supplemental Joint Participation Agreement (SJPA) in the amount of $32,475 for 80% of the $40,594 cost; along with the accompanying $8,119 local match cost, to complete the upgrades to the Electrical Vault at the St. Lucie County International Airport and authorize Chair or designee to execute same. RESOLUTION NO. 08-097 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 416249-1-94-01) FOR THE UPGRADE OF THE ELECTRICAL VAULT AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT; AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT; AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the upgrade of the electrical vault at the St, Lucie County International Airport (Fin. Proj. No. 416249-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Supplemental Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Supplemental Joint Participation Agreement with the State of Florida (Fin, Proj. No, 416249-1-94-01) to provide funding for the Upgrade of the Electrical Vault at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness, After motion and second, the vote on Resolution 08-097 was as follows: Chair Joseph Smith XX Vice-Chair Paula Lewis XX Commissioner Charles Grande XX Commissioner Doug Coward XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this day of ,2008, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 1 725-030-07 PUBLIC TRANSPORTATION 04107 Page 1 of4 Financial Project No.: Fund: OS FLAIR Approp.: 088719 41624919401 Function: 637 FLAIR Obj: 750004 (Item·segment-phase-sequence ) Federal No.: Org. Code: 55042010428 Contract No.: AOY15 DUNS No.: Vendor No: VF596000835030 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St Lucie County Board of County Commissioners hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 15th entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and day of October ,2007 WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $200,000.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Upgrade Electrical Vault at St Lucie County International Airport 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by bringing the revised total cost of the project to $ 250,000.00 725~30-07 PUBLIC TRANSPORT A TION 04107 Page 2 of 4 $40,594.00 Paragraph 4.00 of said Agreement is increased by $32,475.00 bringing the Department's revised total cost of the project to $ 200,000.00 3.00 Amended Exhibits: Exhibit(s) B 4.00 Contract Time: Paragraph 18.00 of said Agreement N/A of said Agreement is amended by Attachment "A". 725-030-07 PUBLIC TRANSPORTATION 04107 Page30f4 Financial Project No. 41624919401 Contract No. AOY15 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated October and any subsequent supplements shall remain in full force and effect. 15th 2007 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FDOT St Lucie County Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION Interim Director of Transportation Development TITLE TITLE 725-030-07 PUBLIC TRANSPORTATION 04107 Page 4 of4 Financial Project No. 41624919401 Contract No. AOY15 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie County Board of County Commissioners dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Funds added due to updated project estimates '- Project Cost: As Approved As Amended Net $209,406.00 $250,000.00 $40,594.00 Total Project Cost $209,406.00 $250,000.00 $40,594.00 '- Fund As Approved As Amended Net Department: $167,525.00 $200,000.00 $32,475.00 Agency: $41,881.00 $50,000.00 $8,119.00 $0.00 $000 $0.00 Total Project Cost $209,406.00 $250,000.00 $40,594.00 Comments: 725-030·07 PUBLIC TRANSPORTATION 04/07 Additional Page III MULTI-YEAR OR PREQUALlFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY $0.00 FY $0.00 FY $000 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds. ITEM NO. F-3 DATE: April 8, 200S AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT PRESENTED BY: DIANA LEWIS. DIRECTOR SUBJECT: Request approval of Resolution 08-099 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) #424426-1-94-01 in the amount of $9,416 for 80% of the cost with a local share of $2,354 for a total project cost of $11,770 for the installation of lightning protection at the St. Lucie County International Airport. BACKGROUND: From July to October of 2007, the Airport sustained over $33,850 in lightning damage to lights, transformers, security gate equipment, and navigational aid transformers. Airport staff contacted FOOT to help fund the lightning protection equipment needed to protect key electrical components of security gates and navigation equipment and reduce replacement costs associated with lightning strikes. Without this lightning protection, the equipment replacement costs will continue to rise and the reliability of the gates and navigational equipment will be effected. This request is to accept the FDOT JPA in the amount of $9,416 for 80% of the $11,770 cost for the installation of lightning protection at the airport. FUNDS AVAILABLE: This was not a budgeted item. Local share of $2,354 will be taken from the Airport Reserve Account 140-9910-599300-800. PREVIOUS ACTION: None. RECOMMENDATION: Staff recommends approval of Resolution 08-099 accepting the Florida Department Transportation (FOOT) Joint Participation Agreement (JPA) #424426-1-94-01 in the amount of $9,416 for 80% of the cost with a local share of $2,354 for a total project cost of $11,770 for the installation of Lightning Protection at the St. Lucie County International Airport, and authorize Chair or designee to execute same. (>-? APPROVED () DENIED ( ) OTHER COMMISSION ACTION: Approved 5-0 lå Coordination/Sianatures County Attorney () t-J.' / /-\ Mgt. & Budget ( ) l'\.r,M) !\. tX. ". Cf--/ ~ Originating Dept. (~ Other ( ) Finance: (check for copy, only if applicable)_ Purchasing ( ) Other ( ) BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: March 26, 2008 Re: Request approval of Resolution 08-099 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) #424426-1-94-01 in the amount of $9,416 for 80% of the $11,770 cost for the installation of lightning protection at the St. Lucie County International Airport. ******************************************************************************************************************* From July to October of 2007, the Airport sustained over $33,850 dollars in lightning damage to lights, transformers, security gate equipment, and navigational aid transformers. Airport staff requested that FDOT help fund the lightning protection equipment needed to protect key electrical components of security gates and navigation equipment and reduce replacement costs associated with lightning strikes. Without this lightning protection, the equipment replacement costs will continue to rise and the reliability of the gates and navigational equipment will be effected. This is not a previously budgeted item. The local share of $2,354 is available in the Airport Reserve Account 140-9910-599300-800. Staff recommends approval of Resolution 08-099 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) #424426-17,94-01 in the amount of $9,416 for 80% with a local share of $2,354 for a total project cost of $11 ,770 for the installation of Lightning Protection at the St. Lucie County International Airport. RESOLUTION NO. 08-099 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 424426-1-94-01) FOR INSTALLATION OF LIGHTNING PROTECTION AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St, Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the Installation of Lightning Protection at the St, Lucie County International Airport (Fin. Proj. No. 424426-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj, No, 424426-1-94-01) to provide funding for the installation of lightning protection at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 08-099 was as follows: Chair Joseph Smith XX Vice-Chair Paula Lewis XX . Commissioner Charles Grande XX Commissioner Doug Coward XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this _ day of ,2008, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION OS/07 Page 1 of 14 Financial Project No.: Fund: DS FLAIR Approp.: 088719 424426-1-94-01 Function: 637 FLAIR Obj.: 750004 (Item~segment-phase-sequence ) Federal No.: Org. Code: 55042010428 Contract No.: DUNS No.: Vendor No.: 596000835030 CFDA Number: CSFA Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St Lucie County Board of County Commissioners hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before May 31, 2010 in accordance with Section 18.00. and this Agreement will expire unless a time extension is provided WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide FOOT participation in a project to install Lightning Protection at St Lucie County International Airport and as further described in Exhibit(s) A, S, C, & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 725-030-œ PUBLIC TRANSPORTATION 06107 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with ali practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "e" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 11770 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 9416 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 725·030·06 PUBLIC TRANSPORTATION 00/07 Page3of14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and iimited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "0" attached hereto and by this reference made a part hereof this Agreement 725-030-06 PUBLIC TRANSPORTATION 06107 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMS Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 725-a30~ PUBLIC TRANSPORTATION 06107 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 In addition, pursuant to Section .320 (I), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd, Ft Lauderdale, FL 33309 725-030-06 PUBLIC TRANSPORTATION 06107 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 B. The Auditor General's Office at the following address: Auditor General's Office Room 401 , Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 5. Any reports, management ietter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMS Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.' 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the bepartment. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 725-030-06 PUBLIC TRANSPORTATION 06107 Page7of14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd. Ft Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: (a) (b) (c) 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agencý providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 72~03O-œ PUBLIC TRANSPORTATION 00107 Page B of 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 725-030-06 PUBLIC TRANSPORTATION 06107 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI . Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U,S.C. 12102, e1. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 725-ll30-oo PUBLIC TRANSPORTATION 00107 Page 10 of 14 13.50 Prohibited Interests: The Agency shaJl not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 725-030-00 PUBLIC TRANSPORTATION 06/()7 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 725-030-06 PUBLIC TRANSPORTATION 06107 Page 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before May 31,2010 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Interim Director ofTransportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 725·030-06 PUBLIC TRANSPORTATION 06'07 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule, Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. n5-030-00 PU8L1C TRANSPORTATION œlO7 Page 14 of 14 Financial Project No. 414565-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT Palm Beach County Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATORY (PRINTED OR TYPED) SIGNATURE DEPARTMENT OF TRANSPORTATION TITLE Director of Transportation Development TITLE Exhibit D 725-030-00 PUBLIC TRANSPORTATION 00/07 Exhibit :J FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: · (e.g., What services or purposes the resources must be used for) · (e.g., Eligibility requirements for recipients of the resources) · (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Reauirements 1. 2. 3. STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount Compliance Reauirements 1. 2. 3. Matchina Resources for Federal Programs Federal Agencv Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 1. 2. 3. NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. ., AGENDA REQUEST ITEM: # G DATE: 04/08/2008 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS . PRESENTED BY: Carl Holeva, Director, Human Resources . SUBMITTED BY (DEPT): Human Resources SUBJECT: Resolution No.08-119 Section 2.02.02 Exempt Employees Employee Handbook BACKGROUND: During the 2008 Strategic Planning session the following Policy question was raised Would the BOCC support modification of the Comp time Policy to enable Exempt employees to earn Comp time on an hour for hour basis for attendance at required evening or weekend meetings? (See attached revised policy) GENERAL NOTES See attached memo. FUNDS AVAIL N/A PREVIOUS ACTION: Resolution #07 -175 was approved to allow Exempt Employees to earn comp time as currently approved in Section 2.02.02 Exempt Employees of the Employee Handbook revised changes of 6/07. (See attached Policy) RECOMMENDATION: Staff recommends adoption of proposed Resolution No. 08-119 and revising the policy to allow earning of camp time on an hour for hour baSiS.& COMMISSION ACTION: CONClJlLJi.~ [ ] APPROVED [] DENIED / [~ OTHER ¿;. ........ I - Douglas M. Anderson County Administrator G - Pulled prior to meeting. Review and Approvals County Attorney: 'ntr r að'V'\ Originating Dept ¿",t "'Jf Management & Budget PurchaSing: Other: Other Finance: (Check for Copy only, if applicable)_ Page 1 of 1 Missy Stiadle - Pulled Agenda Item for 4/8/08 BOCC Agenda From: To: Date: Subject: Missy Stiadle Agenda 4/7/20085:01 PM Pulled Agenda Item for 4/8/08 BOCC Agenda Please pull agenda items 6G Human Resources. Thanks you file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\47F A5380... 4/7/2008 BOARD OF COUNTY COMMISSIONERS HUMAN RESOURCES DIRECTOR CAI"J,L HOLEV A AGENDA G TO: BOARD OF COUNTY COMMISSIONERS FROM: Carl Holeva, Human Resources Director DATE: April S, 2111lS SUBJECT: Resolution No. IlS-1 19 ,proposed adoption of BACKGROUND: Resolution # 07-175 was approvcd to enable L':xempt l:mp]oyccs to earn eoml' tillle which was previously not 'luthorized. By approving r~xsolution 0# 07-175 the Board recogni/ed thc eontrihutions made hy many Fxempt employees to thc' success or the County·s mission by their many hours or labor after their normal work schedules at night mcctings as well as on weekends where their presence was requested or required. /\t the timl:. comp time was earned once an employee workcd at least 40-70 hours at which time he/she would he granted 40 hours of comp time. In addition ir they worked SO !Jours or n1l1re during the year then they would be granted SO hours or comp time. which the: vvould have to take the [Irst pay period ol"the rollowing year. RECOVIMENDA TlO1\"; StalTrecommends approving Resolution No. Ofj-] 19 to allow eomp time to be earned at a rate 01" every hour ovcr forty (40) worked in a week will be considered com) tillle and that that cornp time earned must bc' used during the calendar vear il was earned as outlined in the revised policy attached. Resolution No. 08-]]<) attachcd as ¡':xhib¡t ";\... Respectfully Submitted. ~~ Carl Holeva (-]uman Resources Dircetor Attachment: Resolution No. 08-119 Current Policy 2.0 .02 Exempt Employees (Employee Handbook) Revised I'olic" 2J)] ,02 JOSEPH t SMITH. District No.1' DOUG COWARD, District No.2' PAULA A. LEWIS, DistriC' No. J . CHA~LES GRANDE. District No.4· CHRIS CRAFT. Dlsttlct No.5 (OUIlTY AdfT'inlsrroror - Douglas M Anderso'l 2300 Virginia Avenue . Fort Pierce, FL 34982 · Phone (772) 462-1546 FAX (772) 462-2361 · TDD (772) 462-1428 . Job Line (772) 462-1967 · web site: www.co.st-Iucie.fl.us RESOLUTION NO. 08 -119 A RESOLUTION AMENDING RESOLUTION NO. 86 -173, AS AMENDED, BY AMENDING THE EMPLOYEE HANDBOOK FOR EMPLOYEES OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of Sf. Lucie County, Florida, has made the following determinations: 1. By Resolution No. 86-173, adopted September 16, 1986, and subsequently amended, the Board of County Commissioners adopted the Employee Handbook for employees of St. Lucie County in order to update personnel policies to reflect changes in the federal and state law and provide each employee with essential Information regarding personnel policies and benefits 2 It is necessary to further amend Resolution No 86-173 to update and clarify the Employee Handbook regarding compensation time for exempt employees NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Resolution No 86-173, as amended, is hereby further amended to incorporate the amendments to the following section of the Employee Handbook, attached hereto and incorporated herein as Exhibit "A"; 2. This resolution shall be effective on the date of adoption. After motion and second the vote on this resolution was as follows: Chairman Joseph E Smith XX Vice Chairman Paula Lewis XX Commissioner Doug Coward XX Commissioner Charles Grande XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this XX day of XX, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 9 \atty\r·cso:tn\2008 \08-119 doc Resolution No. 08-119 2.02.02 Exempt Employees Exccpt as otherwisc providcd ill this scctiorL no additional compensation shall hc made for hours worked by exempt employees in excess of lèlrty (40) hours, including attendance at training courses, conferences. and seminars or travel to and li'om such activities 01' work assignment. Exempt Employees Compensation Time Policy: 1. Lffl'CtiVL' April R. :2{)OR. all s:i1aricc (l"L'lI1pti emplovL'es \",ill he eligihk IÎll" lhi, pnlgl"am. ') Comp lime will be earned at a rate of every hour over lÍ1rty (40) worked ill :1 week will be considered COtllp time and be used prior to requesting carned vacation time at four (4) hour interval s m i n imum. Comp time thus eallledm ust be used during the calendar year it was earned. .'. Approvl.:d hours worked to be uSl.:d towards compl.:nsation. A. Night Board of Count)· CommissiolllTS Illc~etillgs whnc' VllLlJ attcndance is req uired. B. An) committee meeting of thc Board scheduled eycnings or weekencl:-, whnl' your attl~nd:lIKl' is required C. Any Board workshop or speeialmeeting not scheduled during nOlllwl \York hours where your attendance is required. ) AllY Illel~tillg 11<11 scheduled durillg 110lînal work hours where :1 COLlnl\ Commissionel' or County !\dministralioll requests YIlllr :¡tll'lldance. F. Allv other hours worked beyolld Illlllllal working hours willlHlt bl' usecltoward compensation tinll' unle'ss appmved prior to \\orkillg those hour, by the County Administrator. I. Note: Comp time is not to he used to cumpensate for late alTivals at work, extended lunch hreal,s or to leavl' work early without prior approval. 4. The compl'llsation hours being accumulated by salaried (cxelllpl) cmployccs must bc lurncd inlo thc County Adm ¡nistrator at thc end 01' cach wcck for the hours earned during that week. lhc reponing will he as IÎ1I!ows: Example I ):¡lL' \\.orkccl -^--- Januarv (), :2()()l) Tillll' workcd ~~~--- (J-I()p.m, Ilmlrs worked 4 .L.~.1l C I iull nocc l\ighllVlecting ). Any COlllp tillll' requests to he taken Illllst also hc approved hy the ( (111111) Administrator prior to laking the hours oil. SUMMARY OF HANDBOOK CHANGES 6107 1.05.04 TEMPORARY ASSIGNMENTS Temporary Assignment policy changed to 5 consecutive days from 10 consecutive days 2.01.01 NON-EXEMPT EMPLOYEES # 3 ... works for more than five consecutive working days (*changed from 10 consecutive working days) 2.01.02 EXEMPT EMPLOYEES Addition: (Resolution 07-175) Except as otherwise provided in this section, no additional compensation shall be made for hours worked by exempt employees in excess of forty (40) hours, including attendance at training courses, conferences, and seminars or travel to and from such activities or work assignment Exempt Employees Compensation Time Policy: 1 Effective retroactive to January 1, 2007, all salaried employees will be eligible for this program 2 Those hours accumulated on a calendar year will be granted the first pay period of the following year based upon the formula set forth in this section. 3 The compensation time granted will be calculated as follows. A 40-70 hours - extra hours worked = 40 hours compensation time will be granted. B. 80 hours and over - extra hours worked = 80 hours compensation time will be granted. 4 Approved hours worked to be used towards compensation A Night Board of County Commissioners meetings where your attendance is required B. Any committee meeting of the Board scheduled evenings or weekends where your attendance is req u ired. C. Any Board workshop or special meeting not scheduled during normal work hours where your attendance is required. D Any meeting not scheduled during normal work hours where a County Commissioner or County Administration requests your attendance. E. Any other hours worked beyond normal working hours will not be used toward compensation time unless approved prior to working those hours by the County Administrator. 5 The compensation hours being accumulated by salaried employees must be turned into the County Administrator the first week of the following month of those hours being reported. The reporting will be as follows Date Worked January 6, 2007 Example: Time Worked Hours Worked Function 6-10pm 4 BOCC Night Meeting I certify that the above hours being reported as worked are correct. John Doe Name 6. The compensation time hours granted (40 or 80) must be taken using vacation time or sick leave incentive. 2.02 STAFF REDUCTION: (Board action 6/12/07) Change from 'first' to 'last' to coincide with Union contract: Seniority is defined as the employee's last date of hire with the County with deductions for absences of sixty (60) working days If employees have the same seniority date, their relative seniority dates shall be determined by the fif&t last four digits of the employee's social security number, the lowest number being the most senior. 3.14 WORKERS COMPENSATION Addition (last sentence of 1~L paragraph and all of last paragraph (Resolution 07-175) After the seventh (7th) day off work, Worker's Compensation coverage pays two- thirds (2/3) of pay. Sick pay, if available, may be used to supplement Worker's Compensation including the first seven (7) days If the employee exhausts his/her sick leave, his/her vacation leave may be used to supplement Worker's Compensation including the first seven (7) days All employees will be required to use available sick leave when leaving work for medical appointments related to injuries or illnesses covered by Worker's Compensation. All employees will be put on Family Medical Leave in conjunction with worker's compensation leave. When FMLA, sick and vacation leave are exhausted, the employee will be responsible for the entire cost of hls/he¡· insurance payments (including both County and employee contributions) 4.0 CODE OF WORKPLACE CONDUCT Change (29) to read as following (Resolution 06-191) (29) CharÇJed or Conviction of a Crime Employees charged with a felony (by Indictment, information, or otherwise) will be suspended automatically without pay The suspension will continue until such time as such charge(s) is finally resolved by a trial, by dismissal. quashing of the charge or (adjudication withheld), or otherwise J \ ITEM NO, H1 DATE: 04/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to advertise a Request for Proposals (RFP) for a concessionaire to partially manage, and to provide and maintain a concession area at the new Skateboard Park. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to advertise a Request for Proposals (RFP) for a concessionaire to partially manage, and to provide and maintain a concession area at the new Skateboard Park. COMMISSION ACTION: ( ~ APPROVED ( ) OTHER () DENIED Approved 5-0 County Attorney (X) f\\I.1 ~a~ Parks & Recreation .I ,.~ (X) //'7..' 1//.. ," /I//.' .. i . / V CONCUR7: DOU~ M. Anderson County Administrator Coordi nation/SiQnatures Mgmt & Budget () Purchasing (X)~+tZ_ / Other Finance ('-I for copy only if applicable) I \ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: March 25, 2008 RE: Board approval to advertise a Request for Proposals (RFP) for a concessionaire to partially manage, and to provide and maintain a concession area at the new Skateboard Park. Backç¡round: The Skateboard Park site is approx. 1.14 acres in a plaza design including ramps, steps, ledges, pads and berms, and also includes a hybrid snake run bowl feature. The awarded concessionaire must fully provide and maintain a concession area. The concession area will be allowed to sell pre-packaged foods only, NO cooking will be done on the premises. Acceptable sales items will be skateboards and skateboard related items, as well as souvenirs, etc. (Items will have to meet with County approval). The awarded concessionaire will act in a non-supervisory capacity, but will also perform such management activities per the Scope of Services to include, but not be limited to: 1. Collection of skateboard park admission fees 2. Checking Identification of participants 3. Confirming that liability waivers are properly signed 4. Conducting skateboard park maintenance inspections and reporting of any maintenance issues, etc. to County Staff Recommendation: Staff recommends Board approval to advertise a Request for Proposals (RFP) for a concessionaire to partially manage, and to provide and maintain a concession area at the new Skateboard Park. · '" ITEM NO. H2 DATE: 04/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to advertise an Invitation to Bid (ITB) for the Rental of Construction and Industrial Equipment. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to advertise an Invitation to Bid (ITB) for the Rental of Construction and Industrial Equipment. COMMISSION ACTION: ~ APPROVED ( ) OTHER () DENIED Approved 5-0 County Attorney (X) 0, 4"'1> Ph Department () CON~ENCE' Do~as M. Anderson- County Administrator Coord i nation/Sianatures Mgmt & Budget () Purchasing (X)' Other Finance (J for copy only if applicable) " PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel. C.P.M., Purchasing Director DATE: March 26, 2008 RE: Board approval to advertise an Invitation to Bid (ITB) for the Rental of Construction and Industrial Equipment. Backaround: The current contract for construction and industrial equipment rental expires June 19, 2008. Due to the decrease in construction, prices for construction related items have been decreasing. The County Contracts Còordinator recommends that it is in the best interest of the County to issue a new ITB rather than exercise the renewal options. Recommendation: Staff recommends Board approval to advertise an Invitation to Bid (ITB) for the Rental of Construction and Industrial Equipment. , -. ITEM NO. H3 DATE: 04/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Award of Invitation to Bid (ITB) 08-029 construction of Platt's Creek Stormwater Treatment Alum Facilities BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 102001-3725-563000-3112 Drainage Maintenance MSTU Stormwater Management PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid #08-029 to the lowest responsive, responsible bidder, Close Construction, Inc., in the amount of $230,197.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) OTHER () DENIED Approved 5-0 County Attorney (X) ?~1-06'-'" (X)~ Public Works cL Douglas M. A~ County Administrator coordinationfSianatureÄ. Mgmt & Budget (X) /-...i,O Purchasing (X) ~ Other Finance (J for copy only if applicable) -, . PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: March 26, 2008 RE: Award of Invitation to Bid (ITB) 08-029 construction of Platt's Creek Stormwater Treatment Alum Facilities Backaround: This ITB was issued March 2, 2008, and opened March 24, 2008. Four hundred forty three (443) firms were notified, twenty five (25) sets of bid documents were issued, and one (1) bid was received. The sole bid amount received was considered in line with the Consultants cost estimate of $200,000 and within the parameters of the project budget. Recommendation: Staff recommends Board approval to award Invitation to Bid #08-029 to the lowest responsive, responsible bidder, Close Construction, Inc., in the amount of $230,197.00, and authorization for the Chairman to sign· the contract as prepared by the County Attorney. , \ BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, CP.M. PURCHASING DIRECTOR Bid #08-029- PLATT'S CREEK STORMWA TER TREATMENT ALUM FACILITIES TABULATION SHEET OPENED: MARCH 24, 2008 AT 1:30 P,M, ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. ONE (1) submittal was received: TOTAL BASE BID CLOSE CONSTRUCTION, INC. 301 NW 4TH AVE., OKEECHOBEE, FL. $ 230,197.00 FAX: (863) 763-6337 Number of companies notified": 443 Number of bid documents distributed": 25 Number of bids received: 1 ·per demandstar.com ITEM NO, H4 DATE: 04/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasing Director SUBJECT: Fixed Asset Inventory-Property Record Removal BACKGROUND: Please see the attached Property Disposition forms from various St. Lucie County BOCC departments with regard to removal of inventory items. These items will be disposed of as surplus. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Coordination/SiQnatures County Attorney: ( X)~ (J ðl"\ Originating Dept: Finance: (Check for Copy only. if Applicable) Mgt. & Budget:( ) Purchasing Dir.: (X)~ Other: Other: BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Neil Appel, Director MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: MARCH 26, 2008 Re: Fixed Asset Inventory-Property Record Removal ******************************************************************************************************** Per Section 18.4 of the Purchasing Manual, Staff is requesting permission to remove the fixed assets as listed on the attached Property Disposition Forms from the St. Lucie County BOCC departments. The items will be disposed of as surplus. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/18/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) BUILDING AND ROOM # Public Works/ Road & Bridge 3071 Oleander Avenue, Fort Pierce, FL 34982 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 4. LOCATION CODE 7. YEAR ACQUIRED TRANSFERREDIDONATEDITRADED, 8. DESCRIPTION OF PROPERTY counter 9. MAKE 10.MODEL NUMBER 11. SERIAL NUMBER 12.METHOD OF DISPOS~L (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) surplus \ , __~__._I 'b\~~~\ THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. .INVOICE AND RECEIVING COpy OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRAÑSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 2'(J1j f/ INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/18/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. BUILDING AND ROOM # Public Works/ Road & Bridge 3071 Oleander Avenue, Fort Pierce, FL 34982 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERRED/DONA TEDITRADED, 8. DESCRIPTION OF PROPERTY Laser 9. MAKE con 10.MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) r~-~~Plus IZED PERSON ---~~~\ ~~ \ D)\ TE -------1 I THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER, A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/18/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 09-564000-400 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Public Works/ Road & Bridge 3071 Oleander Avenue, Fort Pierce, FL 34982 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERREDIDONA TEDffRADED, 999 8. DESCRIPTION OF PROPERTY 9. 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Isurplus - D PERSON \_~ -_.---- "6\ ~ ~"\ \ DA '1\E l THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT,ATTACHTOTHE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/18/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) BUILDING AND ROOM # 3. GOVERNMENT NAME, Works/ Road & Bridge Oleander Avenue, Fort Pierce, FL 34982 5. PROPERTYRECORD# 5 4. LOCATION CODE TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 C/) ~ =---1 55 9. MAKE 7. YEAR ACQUIRED TRANSFERRED/DONATEDfTRADED, 8. DESCRIPTION OF PROPERTY Traffic control analizer 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DIS~OS_ING OF: JUNK, SURPLLJS, SOLD, TRADED, ETC.) surplus ED PERSON ~~~ DX\TE ....==~J THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER, A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COpy OF P.O, AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/18/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 09-564000-400 r--J C/) E3 """tJ -'~---p r- ::,¡:: :01 C.",._.,.. S5 ~.....21 :::TJ (.,' .'¥11 '-'-----'-::-~~ ~ -~::~; -- ~~~-3< NO @ L_ -<_~'--~J NO 0 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ¡Public Worksl'Road & Bridg;' ' 13071..0Ieander Avenue, Fort Pierce, FL ~~,~2 4. LOCATION CODE E.W~()_~~,,::,___ 5. PROPERTY RECORD # [~~-3675 .-- TRANSFERRING TO OTHER DEPARTMENT? YES 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ 7. YEAR ACQUIRED (IF !.~~NSFERR~P!~S?~ATEDfTRADED, ETC.) 11997.__,____ 8. DESCRIPTION OF PROPERTY _._,----,-,._~~=] 9. 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING SlF: JUNK, SURPLUS, SOLD, TRADED, ETC.) IZED PERSON \ .. _e. D\~~\~~ \ DA"rE ,---~ THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/18/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) BUILDING AND ROOM # 3. Public Works/ Road & Bridge 3071 Oleander Avenue, Fort Pierce, FL 34982 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 4. LOCATION CODE 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERRED/DONATEDITRADED, 996 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ~ ._=:J ~--~--- 'b~~ \ ÒATE RIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COpy OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS,PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/18/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 09-564000-400 3. GOVERNMENT BUILDING AND ROOM # Public Works/ Road & Bridge 3071 Oleander Avenue, Fort Pierce, FL 34982 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERRED/DONA TEDITRADED, 8. DESCRIPTION OF PROPERTY counter 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) I ------- surplus . 1 ~\~~ Dt>-TE ORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST, LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/18f08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 004-4109-564000-400 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # fPublic Worksf ROad&-Šridge-' -------------------------, 13071 Oleander Avenue, Fort Pierce, ~_~_~~~82_ _______________________ 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERRED/DONA TEDfTRADED, 8. DESCRIPTION OF PROPERTY counter 9. MAKE 10.MODEL NUMBER 11.SERIAL NUMBER 12. MET!jOD OF DISPOSAL (IF DIS~OS~NG OF:. JUNK, SURPLUS. SOLD, TRADED, ETC.) . _~~=~________________J ~~\~~ " D). TE UTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODA Y'S DATE 3/19/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Road & Bridge Division, BOCC. 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 316) 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERRED/DONATEDITRADED, 8. DESCRIPTION OF PROPERTY 1/2 Ton, 4x2, 2 Door 10.MODEL NUMBER S676794 9. MAKE 11. SERIAL NUMBER 12. METHOD OF DISPO~AL (IF DISPOSIr-.JG_ OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) .___.J D PERSON )t'-,í7-ð8 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ~J17 04 01:58p SLC PURCHASING 561 462 1294 ST. LUCIE COUNTY PURCHASmG DEPARTMENT Aim : ~lrxJ I FrOfìî. &-tIE.. REPORT OF ACQUlSITIONfDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE l'l ŒpIenìhc:r,3Q'JI 1. 2. 3. 4. 5. 6. 7. OR DISPOSING OF) .- D I sçcSI r~ of YEAR ACQUIRED (IF TRANSFERRED/DONA TED/TRADED, ETC.) DESCRIPTION OF PROPERTymn Lopter MAKE C~l)lm (E.C¡J-{lp ¡DtF ;;(d09Z) MODEL NUMBER ~;J1!.. N P ~~&6 ë;( SERIAL NUMBER C Y Ki 234-/P METIIOD OF DISPOSAL (IF DISPOSING OF: JÛNK, SURPLUS, SOLD, TRADED, ETC. JJ Iì t \ .~ PROP. OF ST. LUCIE CO. IIIIIIIIII~ //1/111//111111111/1/1111111 383435 8. 9. 10. 11. 12. 13. .:·xoo ( . ARTMENT HEAD OR AUTHORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATf ACH TO THE "INVOICE" AND "RECEIVING" COpy OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERR JNG AN ITEM, FILL OUT FORNI AND SEND TO PURCHASING. INTRANET:PURCHASING FORlVIS:PROPERTI DlSPOS1T!ON ST, LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2115/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION BUILDING AND ROOM # "' ^ ~~··_.m~ _ . _ Tradition Field Sports Complex 4. 5. PROPERTY RECORD # '600092 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IFTRANSFERRED/DONATEDITRADED,¡:TC.) 1995 8. , 9. MAKE 'Pronto 10. MODEL NUMBER 11. SERIAL NUMBER 221832 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK,~URPL_US,S()L[)'l'RADED,El'C:) Junk ~a m.rd/~ DEPARTMENT EAD OR AUTHORIZED PERSON 02//Ø/O$ , . DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT,ATTACH TOTHE INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/11/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 002-4110-564000-400 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ¡---------.--.------ . -_._--_.._-_..~._--_.,..__._'----'-j ¡Public Works/Road & Bridge 13071 Oleander Avenue, Fort Pierce, FL 34982 L__.___._._._.. 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERREDIDONA TEDITRADEO, 10.MODEL NUMBER 8. DESCRIPTION OF PROPERTY 9. 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ~:ct~~.", . - ~/;/--Oß DEPARTMENT HEAD OR AUT(tORTZt:D PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. _._.~~.==._-~~.__.._.-! A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS,PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/11/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 10-564000-400 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # §Ubl-i~-W~~~/R~~d&Br-id~-;-------------'-------" 13071 Oleander Avenue. Fort Pierce, FL 34982 L.__ __...____._.___.. 4. LOCATION CODE ·----·..···..······--··-··-1 --_._------~ 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERREDIDONA TEDITRADED. , './ \Ji 8. DESCRIPTION OF PROPERTY 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ~~~.. --==- lI-N-Oð~~ ~J DEPARTMENT HEAD OR AUT~;Z~Ø PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSlTION ST, LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 11/15/07 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r"b"'WmksJROad&Brid'e - - --_--=J 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR AC_~~I.~_~~J1£~~~~~§~RED/DONA TE.~ITRADED, ETCJ...~._._.~._~_..__.._..____.._................ í1998 I ----....----..-.-.....----.......------------.--.---.........._..__...,.................,._..1 8. DESCRIPTION OF PROPERTY 10.MODEL NUMBER E15D Passenger Van 9. MAKE 11.SERIAL NUMBER FMRE1164WHB31178 ~~ETHOD OF DISPOª~L~ISP<:l§~NG <?F: JUNK, SURPLUS, S<?~E.?, TRADEE.?,.i::..!SL........§;.._=L_.¡ ~~ to..~etera s ...__..___.:_._____......_......._______...__\(\ .~\~~-.-......-........-._......J DEPARTMENT HEAD AUT RIZED PERSON ~ ~ATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS, PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODA Y'S DATE 3/11/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 08-564000-400 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # c- -.----- ¡Public Works/Road & Bridge 3071 Oleander Avenue, Fort Pierce, FL 34982 , 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERREDIDONA TEDITRADED, 995 8. DESCRIPTION OF PROPERTY ---·~-----·-l ! ~____.___~~___.._.__.__._____.J 9. MAKE 10.MODEL NUMBER 11.SERIAL NUMBER 12. METHOD OF D~SPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRA.~~D, ETC.) to be sold at auct'on -~---,-,-,-~.._..__._-,--~,_. . 3~- D~TE ~-~~] THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST, LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/11/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # CENTRAL SERVICES/CONSTRUCTION & RENOVATION 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 . "l 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) C..._=~~.=~·:..~__~_______...__.._.___.~__._......_.._~.__~.__..=..;..........'..'.........= ... .J 8. DESCRIPTION OF PROPERTY CLEANING MACHINE W/DRUM 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) [~~_CCm""'~_\.L_~_~___-Jr-__mm_J DEPARTMENT~:Ö tfAU~H;RIZED PERSON J,t';.~ oy THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHENPURCHASINGANITEM,FILL THIS FORMOUT,ATTACHTOTHE .INVOICE AND RECEIVING COpy OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION / DISPOSITION / TRANSFER FORM TODAY'S DATE: 3/18/2008 1. INVOICE DATE (IF NEW PRUCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): I 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Parks & Rec I Fairwinds Golf Course Maintenance 4. LOCATION CODE I 7250 5. PROPERTY RECORD # 8000123 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO (i)" IF YES, DEPARTMENT NAME 6 DISPOSING OF YES cg" NO 0 7 YEAR ACQUIRED (if transferred/donated/traded, etc.): I 10/1/1991 8. DESCRIPTION OF PROPERTY Welder 9. MAKE Dayton 10. MODEL NUMBER 3Z914C ,..." (j) :-3 ----CJ :--1 -:;'~ c: ~-.- ._..... , .. .. I c :~, ~;) .. ;> J ¡---¡"'-: 0 , "', , > <::. f]::7) I ::.J \..» I -....... VI I I 11. SERIAL NUMBER: 0208703 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): ..- DEPARTMEN 7 AUTHORIZED PERSON 18-Mar-08 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANTOHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND IT TO PURCHASING (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. J ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY cJ /;Jo !o~ I ' TODAY'S DATE 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. Lucie County Solid Waste 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. TRANSFERRED/DONA TEDrrRADED, 8. DESCRIPTION OF PROPERTY 6 F800 1990 Ford 1 FDXK84A1 MVA05724/500144 Service Fuel Body for F800 Truck' " 9. 10.MODEL NUMBER 11. SERIAL NUMBER 12.METH()[) OF DI~POSAL (IF DISPOSING OF: JUNK, SURPLUS,SOLD, TRADED, ETC.) . ..... ... . ~~#~=~~==i¡ii;¡;¡;~;=· .. DEPARTMENT AD OR AUTHORIZED PERSON I DÁTE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION .J ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY c2/cJø/oS , TODA Y'S DATE 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT DIVISION, BUILDING AND ROOM # Lucie County Solid Waste 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES@NOO 7. YEAR ACQUIRED 8. DESCRIPTION OF PROPERTY Wagon Tank 5000 Gallon 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSA.~j!FJ:>~S¡::>g_?II.~g~:~LJ~~~_SUR£!-U~~.?OLl?~!~~l?.~g!.~!~J....~.....~~ ... . .. "; by bid with D ET r Truck i r~-___m__·_-;¡f~1f8-- DEPARTME HEAD OR AUTHORIZED PERSON I ATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/6/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # . n. _...,~-".,."""_·_·_,..·,."·".,,.""""~''''".'"...,,.,M'.,~., 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERRED/DONA TED/TRADED, 997 8. DESCRIPTION OF PROPERTY 9. 10. MODEL NUMBER 11. SERIAL NUMBER 12 . METHOD OF [)1§f'º~,t>,~Q~I?I~£gê~~~ºE:~~~I<,~~~~LlJ.§,êº.~.l:).!!~~!:>.~l?~.~!~:L. " . ....~~~.__...........~......"...~."............""_......._........ ø;;¡j~·_········_·.._···j OR AUTHORIZED PERSON ~ (JA TE DEPARTMENT H THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODA Y'S DATE 3/13/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) Waste, 6120 Glades Cutoff Road, Fort Pierce, FI34981 3. 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED 8. DESCRIPTION OF PROPERTY 10.MODEL NUMBER 9. MAKE 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) f"""'-"--~'-"^-^"M"""""~ -., '-"~ ~_"""_''''''''''''__"''N'__'''.~_,·.~.,,,__.,..._~~,~,.,.,_,~_",,_ ~"-^,,,_,_,__._....,.,,,,_,,,_____.,_^.".""""_M_M_'^"__~",~,""_^_..,.,_,,,.___,,__....._ !Jook ~ l..~................... . ....~..... ....~............_............~......~.........~...... DEPART THAD OR AUTHORIZED PERSON .. .... "(~3·li·~t·e··-"··· I I DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ~ Agenda Request Item Number.--:::£ _ Date: 4/8108 Consent Regular Public Presentation Leg. [ [XX] [ ] [ ] Quasi·JD [ To: Submitted By: Board of County Commissioners Growth Management SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~ APPROVED D OTHER Request to approve equipment request EO #08-311 and budget amendment #08-018 for the purchase of Laserfiche Integrator Toolkit software in the amount of $2,917.00. This request has already been approved by Information Technology. See attached memorandums. Funds to be made available in: 102-15101-568000-100 - Capital Software; Admin Funds will be reallocated from 102-15101-564000-100 - Equipment - Admin Equipment #EO-08-1 06 in the amount of $25,000 will not be utilized. None Staff recommends that the Board approve EO #08-311 and Budget Amendment #08-018. 2RRENCE' Douglas M. Anderson County Administrator D DENIED Approved 5-0 County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Information Tech: (insert file ref) Purchasing: . ;~<ik Other: c¿];r<.¿'.:Ú,.k ¡ ;jÞ~''-'L INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Mark Satterlee. Director DATE: April 8, 2008 SUBJECT: Purchase of Laserfiche Software Toolkit ****************************************************************************** BACKGROUND: The Growth Management Department is in the process of developing an electronic retrieval and storage system for all project files and site plans. This system will be linked to the current GM project database, where you will see all information relating to a specific project in electronic format along with any mapping relating to the project. The Laserfiche Integrator is a tool that provides the ability to read magnetic file documents (on CD's) and to catalog them into Laserfiche based on a predefined filing scheme and also have the ability to present the documents to users over the WEB. This application will also serve to meet the needs of the Records Management Plan which will be initiated in May for the older project files. This toolkit eliminates the need for purchase of costly Laserfiche licenses for each workstation. Although, its purpose is to integrate this department's filing system. it can also be utilized for other applications such as Impact Fee Credits. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve EQ #08-311. With the decrease in staffing, this new software is needed to accomplish the necessary tasks to improve operations of the department and customer service. It is a cost savings of $ 7,145.00 in individual Laserfiche workstation licenses that will not be needed and is a one-time purchase. Funding is available from EQ #08-106 in the amount of $25,000 that will not be purchased. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 DEPARTMENT: Growth Management RECOMMENDED: YES DIVISION: Administration APPROVED: YES NO NO REVISED REVISED The Growth Management Department is in the process of developing an electronic retrieval and storage system for all project files and site plans. This system will be linked to the current GM project database, where you will see all information relating to a specific project in electronic format along with any mapping relating to the project. The Laserfiche Integrator is a tool that provides the ability to read magnetic file documents (on CD's) and to catalog them into Laserfiche based on a predefined filing scheme and also have the ability to present the documents to users over the WEB. This application will also serve to meet the needs of the Records Management Plan which will be initiated in May for the older project files. EQUIPMENT REQ#: EQ 08-311 ACCOUNT#: 102-15101-568000-100 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Growth Management PREPARED DATE: 3/27/2008 AGENDA DATE: 4/812008 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 102-15101-568000-100 Capital Software $2,917 FROM: 102-15101-564000-100 Machinery & Equipment $2,917 REASON FOR BUDGET AMENDMENT: To purchase a Laserfiche Software Toolkit that provides the abiffiV to read maanetic file documentslon CD's) and to cataloQ them into Laserfiche based on a predefined filina scheme and also have the abilitv to present the documents to users over the WEB. CONTINGENCY BALANCE: nla THIS AMENDMENT: n/a REMAINING BALANCE: nla DEPARTMENT APPROVAL: -# f..t{ OMB APPROVAL: BUDGET AMENDMENT #: BA 08-018 DOCUMENT # & INPUT BY: Information fJ'eclinoCogy REQUEST From: Mark Satterlee, Director Stephen Barber, Manager...i./.il To: Date: Thursday, March 20, 2008 Re: Request to purchase Laserfiche Integrator Toolkit Purpose: Request authorization to acquire the necessary tools to facilitate the development of the Growth Management Archiving system, And to obtain confirmation that Growth Management will cover the related cost. o The Laserfiche Integrator is a tool that provides the ability to read magnetic file documents and to catalog them into Laserfiche based on a predefined filing scheme, It also provides the ability to access the Laserfiche documents and present them to users over the WEB. The Analyst team will lead a project to archive Growth Management application information and provide an ability to store and retrieve these documents. The Laserfiche Integrator will also be useful in other applications such as Impact Fee Credits, Road and Bridge, Code Compliance and Code Enforcement. . Cost: . Vendor: $2,917 R It 5 Integrated Attached are: LaserFiche Integrator and GridView Editor price quotes. Approval: Approvals: Approval: Approval: Approval: Budget Approval St. Lucie County Electronic Document Management Projects Laserfiche United EDMS Presented by R&S Integrated February 2008 R&l!: ~~'U'.~''¡¡-'.'C .. . "!-~-~!:'~..;,.,i::;,j '""".......' ~ '--'..- ~ ILaserfiche EDMS Options Miami Contract Product Code Item Page Description Qty R&S Local Govt Costs Project Costs Integrator's ToolKIt 1a.97858 1b.978588 7A 7A 4 Laserfiche Integrator's Toolkit for United EDMS 4 Support and Upgrades for one year 1 1 $2,244.00 $2,244.00 $673.00 $673.00 Integrator's Toolkit Costs $2,917.0°1 51 Lucie County 3/3/2008 www.r$oasls.com ,..: " ·.·.I~tegråto:r~s· t~\ôU<'it~,~ ,'- ,: .._'::,<',;';;,..: ,,'C:·"'S· ':-;i..,.'.' '<"_" :..;.,..; .¡.:,.,-_.;;;.,:.::;::,:~: \__ ",-.:'_':,'e,:"."'\":'_ ':/.,. ::'-.0.: .:-,.c'.,' " ,"'~.' ....:H'.",-;.;.: ,.',-''>', _,'.; ¡:?lIn Sm;:¡rte",·m .,:,,~.; ."" \......:':' ';"e -;;...>.<," ,-"',~ '.\~~'>;: ':\;,;:::-:' -0' :;·:":~":_T/G.':,:t;;; ,...:- ,.-....-.,.,-...;-,....,.:,.;.....,..,'-:.........; ~:·:;·':·--..,;.,;:;:..:·:,_::.,1.~;·7:'::;y"":;·····; ',','--';:.:' ~ , > '':;j',G,'Y':'-'<; .':.'_,.'..c.;:-.;>:,,:<.-.''''' ",.. '., ;>">-" :'.'~>~\ ~---" .. "'", ';:'.-,'!>- "'~;:'''',.'-;':':¿'_.':\::''.'',' ')',,';;1; ,;~:,,;,\- -" Increase Efficiency with I ntégratéd Document Management SolUtions . Create solutions to specific business problems . Exchange data with third-party applications Create Seamless Integrations Accessing historical maps from within a Geographical Information System (GIS). Linking paper cOlTespondence to electronic records in a Customer Relationship Management (CRM) system, Building a single access point that W1Ítes paper case files and information in a police records management system (RlVIS ), The Laserfiche Integrator's Toolkit is a collection of conunands and docwnentation that allows you to create integrated docwnent management solutions for your business needs, It provides the necessary tools to integrate Lasernche with third-party applications, clLstomize system functionality and automate Laserfiche-l~lated tasks. Developers familiar with COM calls will be able to take ftùl adva:ntage of the Integrator's Toolkit. Any Windows-based development language, such as C++, Access Basic or Visual Basic can be used to create applications, Visual Basic knowledge is helpful for modifying the source code and for incorporating customized commands. With the comprehensive docwnentation included in the Toolkit-detailed íllstnlctions and sample source codll--'ínfomlation technology persOIUlel have maximwn flexibility to meet the specific business needs of a wide variety of organizations. Integrator's Toolkit Higlùights ~ Extensive API command collection ~ Image Enable commands simplify Laserfiche repository access through third-party applications ~ HotKey ActiveX commands . Rapidly develop custom solutions . Streamline operations and eliminate redu ndancies ~ OCR Bridge for integrating third-party OCR engines ~ bnport List conmumds ~ Error code docmnenlation ~ Docwnentation for template data ~ Facilitates custom audit reports Integrator's Toolkit Contents Þ The Lasemche API command collection. a set of fiùly client-independent conunands that es:;¡mtialIv conllnW1Ícate with the server engine, Among included commands are those to i.<;sue searches, editindex cards, import and export donIDlents, modify volumes and export docwnents in PDF. ~ The Lasemche Image Enable command collection, designed to promote fast, straightforward manipulation of the LaserfÏche client through third-party applications, Among included commands are those to lamIch the Laserfiche client, display search results in the client and bring up the Scan dialogue box. ~ HotKey ActiveX controls to execute Lasemche cOlrunànds with a single keystroke, ~ Complete docwnentalion on Lasemche List Import files that allow scripted importing of data and inlages into Laserfiche, ~ Resources to create triggers, stored procedures and queries, 3545 Long Beach Blvd. Long Beach, C'A 90807. Web, www.lasertiche.com. .. e-mail;inf.)lClaserfiche.com .,..: .. toll free: 800-985-8533 tel: 562-988-1688 . ,,:,,-,;;_- -'", _" -"':~-- "c.' :_<-:-_--_:'.'~.:.-< ,?, 2?B4 C!l1ll_pulin~_M.a~gem~nIC,i!nto:r: Jr'" -A1lri~ht¡ r,~seNt~.lisertkhe is ;¡ regls.'7re_d;,'rild~1l1 ark. "01 _'~_QrnPJlink MÕln~ge~e_nt,C~nt:er., 11'U.::,__AII"Qlhe~_ ~4tm_iir~_- ~rt _~apertie~;- of >t~elr~.n:'ptctÎ"'~: ~Q mpan,'tl( ~u:~ _IQ.~~r,~lJjng .:_:,_',("'PfQ,~uct"d~~I_QPrn~rll prod~cl_ spec:Wcit,tion¡' ~nd'~pibilJtÎt:,~_ õI~llubje':l_to changi!: ~ìtho\l~M_li{~.lltm n.o. nt' ~:::~~1:~~7~:~~~~:~;~tirms with Laserfiche API commands are COM methods that commurucate with the Lasemche server. Based on these methods. the Lasemche server will request and carry out corrunands from the Lasmfiche database, such as retrieving data or modifying the contents and stmcture of the database tables, Lasemche API conunands do not depend on the Lasemche client. These commands conunurucate directly v.'Íth the Laserfiche database. This clirect conunwlication is accomplished through the Laserfiche server. For example. Laserfiche API cOlTrmands allow the Ullegrator to create databases. retrieve database information, and connect to and discOJUlect from a Lasemche database. Other Laserfiche API commands ulcIude, but are not limited to, creating dOCl.rments and batches, modifying their contents, and fincling basic information about the document or batch in question. Streamline Image Enabling of Applications The Integrator's Toolkit also allows for the image enabling of applications such as those for accolffiting packages and law enforcement &VlS software, Image enabling makes possible the search for docmnents in Lasemche, wherein these docwnents are related to a dOCl.ffilent being viewed in another screen. Typically a field search is perlormed in Lasemche using data from the docmnent shown in a third-party program. Lasemche also applies existing index infornlation to docmnents in external databases, automatically synchroruzing them with Laserfiche, For example, an integrator can use an application's object model to add a button to the toolbar. The integrator puts script into the button's handler, creating an instance of the Lasemche Image Enabling component for calling on the search methods within Laserfiche, Lasemche then pops up the related docwnents or a list of related doCtrments. Tntp,gl'~lor's Toolldt î.omnl~nd î.nlledions API Commands Access the Laserfiche server to perlorm actions such as: Þ Create databases. Þ Retrieve database information. Þ Moclify contents andlor structure of database tables. Þ _A.ttach, detach, delete and shrink database. Þ E:-"'P0rt in PDF, Þ OCR. Þ E:-"'P0rt arulOtations and sticky notes, Image Enable Commands Access the Laserfiche client through third-party applications to perlorm actions such as: Þ Search the Laserfiche database. Þ Scan docwnents into the Laserfiche database, Þ Open a docwnent stored in the Lasemche database, Þ Print docwnents. Þ Retrieve database name, List Import Files Þ Automate importing dOCtrmellls into Laserfiche, Þ Autopopulate index card template fields. Þ Automate docwnent naming. . . The Next Step . Please Gall [800\985-8533 Dr e-malllnfo(¡ìlaserilche com to , . request yo~r free demo 00. ," , J AGENDA REQUEST ITEM NO. J-I DATE: April 8, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: E Z Lock Shutters, Inc. Change Order No. I to #C08-01-058 Lincoln Park Community Center BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001193-1930-562000-1929 (Buildings) PREVIOUS ACTION: On January 15, 2008, Item No. c-6B, the Board approved award of Invitation to Bid #07-106 for the purchase and installation of hurricane shutters for various county buildings. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No, 1 to #C08-01-058, E Z Lock Shutters, to increase the contract sum for the Lincoln Park Community Center $525; total sum for this location only will be $2,500, and the total contract sum (Airport Customs Bldg. & Oxbow-Eco Center) will be $100,600. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: [>:) APPROVED [] DENIED [ ] OTHER: Approved 5-0 ~NCE: ~ Doug Anderson County Administrator County Allorney:~ Mgt. & Budget: Originating ÕêPt~ Ou ~\,l'~--__ Other: Finance: (Check for Copy only, if Applicable) Purchasing Mgr.: Other: Elf. 1/97 H'\AGENDA\AGENDA-270 EZ LOCK AMENDMENT NO.l.DOC ~ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: April 8, 2008 SUBJECT: E Z Lock Shutters, Inc. Change Order No. I to #C08-01-058 Lincoln Park Community Center BACKGROUND: On January 15, 2008, Item No c-6B, the Board approved award of invitation to Bid #07-106 for the purchase and installation of hurricane shutters for various county Buildings. E Z Lock Shutters was awarded the following buildings: Airport Customs ($59,800), Oxbow-Eco Center ($38,300) and the Lincoln Park Community Center ($1,975), and Contract #C08-01-058, for a combined contract amount of $100,075. To install impact resistant fixed windows at the Lincoln Park Community Center location the contract amount will need to be increased $525; total sum for this location only will be $2,500, and the total contract sum will be $100,600. Funds are available and staff is seeking approval of Change Order No.1 to #C08-01-058. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order NO.1 to #C08-01-058, E Z Lock Shutters, to increase the contract sum for the Lincoln Park Community Center $525; total sum for this location only will be $2,500, and the total contract sum (Airport Customs Bldg. & Oxbow-Eco Center) will be $100,600. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. ~ CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) Purchase and installation of hurricane shutters at: Lincoln Park Community Center Airport Customs Building Oxbow-Eco Center TO (Contractor): EZ Lock Shutters, Inc. 10450 SW 184 Terrace Miami, Florida 33157 CHANGE ORDER NUMBER: 1 INITIATION DATE: 3/24/2008 CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: C08-01-058 CONTRACT DATE 1/15/2008 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A -@) No) Increase Lincoln Park Community Center location only for the installation of impact resistant fixed windows. No changes to Airport Customs Building or Oxbow-Eco Center. The original (Contract Sum) (Guaranteed Maximum Cost) was Net change by previous authorized Change orders The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or unchanged) by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 100,075.00 $ $ 100,075.00 $ 525.00 $ 100,600.00 ( 0 ) Days (No change) Funds Available: Account Number 001193-1930-562000-1929 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: EZ Lock Shutters, Inc. Contractor: 10450 SW 184 Terrance, Miami, FL 33157 Address: APPROVED: ~ Central Services St. Lucie County Department: 2300 Virginia Ave., Ft. Pierce, FL 34951 Address \~\U.9 ~ By: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ?:.! "2- ê lop, Date: By: Date: ATTEST: DEPUTY CLERK By: CHAIRMAN Date: Approved as to Fonn and Correctness: County Attorney cc ¡i r¡RGS8C: 1 Cb ~ BSS t. 'l"'.....1 I'}"-"~ '''':''~j(;.. ' \",.,\,.~."j" J!::~ .." '. ':>' .. ~c.., ..ç. "', C'~Tlö'" "'~~QL'¡""" " r-- I : ~EZ LOCK \ .,.... . ;,~. ,~.Zl..S~...~.··.·.Jt.S.'!~~;.A"c.TUÃ-.'.N.G. ~ NSTALLATlON& REf'AiR c: ~ !..:,::: ,_,' f, !!', ~,';'f ~.. . 1-;- 1::::. L;.' :1~\¡~ , ( .-, . ~- :_' ,fJ~F.:; E ,,£.1 ER.:E,fJ:. L I.. ,(\45C S W 18·1 Tor" lJI,arr., ¡:I::.'ri'Ja J:}'=S~' ,-_ ,~,___::m: _____m ___+: I www.ez!ockshullers.com --- phcn8 (30,S¡ 2S '·Oe:;30 f=';.:): i3:,)51 9":'1()~3Ül Tot ~ '0fJ. 1· BCJO .!QÜ-' ?:):::~ CONTRACT - ESTIMATE S ()L D ,-0 SaIIt I1IcIe ColIIty (CenIraI Services) ADDRESS 307\ 0Itr.nIer Avenue CITY Fort PIerce JOB !\DDRESS STATE ZIP R.34982 Ih:oln Park ConIoonIly Cenler APT NO DATE 2-20-2008 DELIVERY 6 to 8 weeks after order to proceed fram SLC RES. PHONE BUS. PHONE \772-595-5767 Tcor'liS (,I Contracì 50", deposil wilh order. 40°0 of Ba!ance Due upon 'oslallation time and final 10°"0 upo~ passing inspection COLOR: DAHK BRONZE 'NI-HE 'VORY BEiGE PRODUCT: rOLDING SHUTTERS STORM PANELS F1.oLL·UPS ~','n':-,~' :~':':: fr,st,:;; EZ LeeK HJPlC<Ì,['!C-,¡ Skltt"f S"'S:f:m!:> on doors and wiOdûvII:: Hi?S:C~[::¡l)al 8C~qi1,~j i 0-::'01 Bortho I_OtiCl Accordl\1ns ¡;~,~J1!'Ur:'~ (U::<',' n.act Glass GaIV<Jn:Z8d Steal (20 GA'I Panels OH1Ül Älli['fi~~'¡UrTi J ':50 FlI'Ilish lI1lI i1StlI 011 It rough openings 37"x 27" ..ad: resIstaIt fixed windows with large missile knpact dri glass. bronze frame. f¡j view style (no c010nIaI). Ciy of Fort Pierce BuihIing Oepartmelt Pe"" c1t¡rges Induded.....................................$2.50o.o0 Series OKS- 500 = NoA = No 04-0331.02 by Delta Doors 5 year wëllTillll:y against leaks. Notpëlt illite wil'l"éllty : Acts Ii God. vandalsm-and negligence. rJUFi ~-3HUTTER.S ,Jre maíJc: i~¡~,:n hl~l:ìOsl ,':"~uaiijv uld¡TI:n~Jnì ur J¿¡[van¡zc'd ~;1C'CI, ¡':':'a~n:Gd $urlac':; ;::U'lC; factDry pC,W:1èr coated With Jj1 a:id!tìù!1ai e;,s·ar.::cat seaIG'·, Fastc'PHiS and lli1rdwar\.:?, ;~He rvil~inl ·D~jcJ(~ CÙdr'l",.. <:;;!JpíU,,'8C ,)T\~;E:.rj· Sh..:tels r;(,n!ürT':¡ h) ;¿;ll lìr::W 8~1llcing ~·OrJ8S ar:c !ldvC c:x¡~t?ed¡~d ail t,,'Hvj f.-:!f'SSL.;E' ard :mr,act testng_ Ç'!. T()TAL ::; -2.500.00 S Included s2.500.00 sl.250.00 JOB F'RleE PERMiT FEE LESS 50% DEPOSIT ',1 :' ,¡ "I_j' i(-" ~CO, DUE AT Ir"STALLATlOh S h.:00 DUE ¡'FTE" PERIAIT INSPt:C-IO', S 1.250.00 !I C;,i'31,)¡rC'l' inilla's NOTES: f~bc.,\"? lY1ce 1:; [tna~ pile'? l:)r a! rnatc~r'als ~m,j Insta:!a'.IÜ'l ATl e¡;qlfìI38' v¡:]1 C;:JilìE' IY,- :a~:o flf'~,]: rneasurements alter C!1E'n1 has SUhjH~tcd :~:(~ depose þ, :;an-:;ç':2.i1ùrl ;:,1 8. c:øpcsil for ¿¡ny r(~ason. :Ylad(~ Ir,,jp-¡ ,) clistclnler i-'1ft¡:F /2 '-ICUIS !~¡ :-,::r·~-refundabe ai'd EZ L.'»; ~:l-,;I!t£~¡S \',I;:! p~e-:eÜs ¡r- W(" 2,,~'T¡i~ rn::nnef when tho c(.'n:ract \\-:jS 1(::tl,::':¡\(~'J, I:>S1a:ers '.,',1:\ r~f'::2r:~ access tel reme étllrj eie-<;!TiClty ::.j"' n"I~7: :lay' )(nsL.:1¡ìa~:ol-' '::JU1 office m<3.na98!' \.Vll! ,:;all 10 ';,c;!'-,:.::':Ju1e .'!!i (:¡p;~:J:'"I)li:,n~ ~(.I FL:"¡li::J,:,on ACC!:'PTED PURCHASER SIGrJAT1lf"-ìf:: CATE PRI~JT ìM.~';: U~?DEt=¡;S- ~~UB.JECT TO A~·PP'(fV.ri.L Or: ïf, 'dH~.GEME~~T SAl ESM¡lJ1 ~IISEduardoRlIlIrIguez ¡~: '.: i i "PéÜ '1','r."l'an1y ,:.n <1'1 w(trkrr.:::(-:sn¡p ;1.f'd O'(:,"'¿[I;)ls. APPP,DVED ~<'11~l"i '.1(:~. ~)!;-' _,:: )::i'::<:\ t,~" OVC:V,'~'''I;~! ¡~" 5SIL,,'~ !'c_V:C'(,r; c-~!'ï': (:':1 ~.~'a') s ';-;;-'.,<!~ r Ltf.~~ 'If',J' :,1,- ',\ShL f,,'iT~-: :EF~\~_:-~ (Jf H'~' - :,;S(:-"'Yt';" In'~,a:s 1 I f j ... AGENDA REQUEST ITEM NO. J-2 DATE: April 8, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBJECT: Old Courthouse 1 Courthouse Annex Renovation Projects Consolidation of Funds BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1930-562000-15010-County Capital 170-1930-562004-15010-Court Facilities 001-1930-562000/563000-15010-General Fund 001-1930-562000-FE003C-FEMA 316-1930-562000-15022-County Capital 001-1930-563000-1537 -IFF \ PREVIOUS ACTION: NJA RECOMMENDATION: Staff recommends the Board of County Commissioners approve the consolidation of available funds in the amount of $2,364,415, making available a total of $8,400,516 for the Old Courthouse 1 Courthouse Annex Renovation Projects leaving an estimated balance after renovation of $954,005 on hand for contingency, phones/data, security, and court furniture. "/ County Attorney: /./ <!. Originating ~~ If]5e Finance: (Check for Copy only, if Applicable) Coordination/Si ¿~O Mgt. & Budget: {'- ~ther: CONCU~CE: ¿ ~ Doug Anderson County Administrator MISSION ACTION: [>1 APPROVED [] DENIED [ ] OTHER: Approved 5-0 Purchasing MSr.: .... Other: Eff. 1/97 H'\AGENOA\AGENDA-253 OLD COURTHOUSE RENOVATiON-CONSOLiDATiON. DOC " MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: April 8, 2008 SUBJECT: Old Courthouse 1 Courthouse Annex Renovation Projects Consolidation of Funds BACKGROUND: Phase I portion of the Old Courthouse Renovation project is underway, this consists of renovating the first, second and a quarter of the third floor and is to include a tunnel connecting the sally port to the old Courthouse basement. Phase 1-A includes the addition of three courtrooms to the Courthouse Annex, it is necessary to complete Phase I in order to move into Phase 1-A. Funding available for Old Courthouse Renovations - Phase I and I A Fund Number: Available Funds in Banner as of 01/03/2008 316-1930-562000-15010- County Capital $3,498,019.00 170-1930-562004-15010 - Court Facilities Fund $ 41,064.00 001-1930-562000/563000-15010-General Fund $ 671 ,451.00 001-1930-562000-FE003C-FEMA $1,825,567.00 Total Available Funds $6,036,101.00 Actual Construction Fundinq Needed: Cost of Phase I Renovation Estimated Cost of Phase IA Renovation Estimated Renovation Total (Phase 1 and 1-A) $4,830,368.00 $2,616,143.00 $7,446,511.00 With a minimum cost of $7,446,511, which does not include phones/data or court furniture, we have a deficit of $1,410,410 needed to complete the planned renovations. Our records indicate that we also have a balance of: $1,834,415.00 - Courthouse Main Entrance (316-1930-562000-15022-County Capital) $ 530.000.00 - Courthouse Employee Parking (001-1930-563000-1537-IFF) $2,364,415.00 - Total Available for Courthouse Staff is seeking the Boards approval to consolidate available funds to give us a total of $8,400,516 for the project. With the total estimated cost of the project being $7,446,511, consolidating the funds would leave an estimated balance after renovation of $954,005 available for contingency, phones/data, security, and court furniture. \ AGENDA REQUEST ITEM NO. J-2 DATE: April 8, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Old Courthouse I Courthouse Annex Renovation Projects Consolidation of Funds BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1930-562000-15010-County Capital 170-1930-562004-15010-Court Facilities 001-1930-562000/563000-15010-General Fund 001-1930-562000-FE003C-FEMA 316-1930-562000-15022-County Capital 001-1930-563000-1537 -IFF PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the consolidation of available funds in the amount of $2,364,415, making available a total of $8,400,516 for the Old Courthouse 1 Courthouse Annex Renovation Projects leaving an estimated balance after renovation of $954,005 on hand for contingency, phonesldata, security, and court furniture. MISSION ACTION: [ ] APPROVED [] DENIED [ ] OTHER: CONCURRENCE: () ¡ / I County Attorney: ;' <:. Originating~.u ~J-e Finance: (Check for Copy only, if Applicable) Doug Anderson County Administrator Purchasing M(¡r.: '. ~ther: Other: Eft. 1/97 B;\AGENDA\AGENDA-263 OLD COURTHOUSE RENOVATION-CONSOLIDATION. DOC ., DEPARTMENT OF CENTRAL SERVICES Date: March 06, 2008 To: Doug Anderson, County Administrator Faye Outlaw, Assistant County Administrator Roger Shinn, Central Services Directo~ From: Subject: Update on Courthouse Renovation Plans - Revision IV ............................................................................................ I wanted to bring you up to date on the progress of the Courthouse Renovation plans. The intent has been to complete the renovation in phases, but funding restrictions will in all likelihood prevent this from going as planned. The primary goal behind this renovation process is to provide additional courtroom space to the Second Street Courthouse Complex. Funding for Phase I has been allocated and renovations are under way. 'Ibis phase of the project consists of renovating the first, second and a quarter of the third floor and is to include a tunnel connecting the sally port to the old Courthouse basement. It is necessary to complete Phase I in order to move to Phase 1 A, the addition of three courtrooms to the Courthouse Annex. Funding available for Old Courthouse Renovations - Phase I and I A Fund Number: 316-1930-562000-15010- County Capital 001-1930-562000-15010 - General Fund 170-1930-562004-15010 - Court Facilities Fund 001-1930-562000- FE003cFEMA Total Available Funds Actual Construction Funding Needed: Cost of Phase I Renovation Cost of Phase IA Renovation (estimated) Phase I and Ia - Estimated Renovation Total Available Funds in Banner as of 03/11/2008 $3,498,019.00 $671,451.00 $41,064.00 $1.825.567.00 $6,036,101.00 $4,830,368.00 $2.616.143.00 $7,446,511.00 With a minimum cost of $7,446,511.00, which does not include phones/data, security or furniture, we have a deficit of $1,410,41 0.00 needed to complete the planned renovations. Our records indicate that we also have a balance of: $1,834,415.00 - Main Entrance (fund #316-1930-562000-15022) $530.000.00 - Courthouse Employee Parking (fund #001-1930-563000-1537) Total Available for Courthouse $2,364,415.00 I would like to recommend a consolidation of available funds to give us a total of $8,400,516.00 for the project. With the total estimated cost of the project being $7,446,511.00 consolidating the funds would leave an estimated balance after renovation of $954,005.00 available for contingency, phones/data, security and furniture. Cc: Marie Gouin RECOMMENDATION: Staff recommends the Board of County Commissioners approve the consolidation of available funds in the amount of $2,364,415, making available a total of $8,400,516 for the Old Courthouse / Courthouse Annex Renovation Projects leaving an estimated balance after renovation of $954,005 on hand for contingency, phones/data, security, and court furniture. ~ . FIRST AMENDMENT TO WORK AUTHORIZATION NO. 05 CONTRACT C06-04-237 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the _ day of 2008, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and CREECH ENGINEERS INC., hereinafter referred to as the "Consultant". WIT N E SSE T H: WHEREAS, on April 4, 2006, the COUNTY entered into a Consulting Agreement (Contract No. C06-04-237) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, on May 16, 2007, the parties executed Work Authorization No. 05 and the parties desire to amend the work authorization to include the scope of supplemental services. ." NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: Capron Trail Park in Lakewood Park, Florida (S.R. 607 widening and FOOT Permitting) - Emerson Avenue Sidewalk - Florida Department of Transportation Coordination (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for Page 1 of 3 .. ~ the Project under the pricing, terms and conditions of the continuing contract (C06-04-234). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Supplemental Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. 3. CONSTRUCTION COSTS: The construction costs of the Project for which CONSULTANT will render the Professional Services are estimated by .the COUNTY not to exceed $1,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 4. COMPENSATION: The cost to perform all services as described in the attached Scope Of Supplemental Services shall be billed on an hourly basis, not to exceed a total amount of two thousand and 00/100 dollars ($2,000.00), as further detailed in Exhibit "B". 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice To Proceed, and shall complete all work as further described in Exhibit "C". c. If the work is not fully completed according to the terms. of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suJfer damages which are not capable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of fifty dollars ($50.00) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. Page 2 of 3 "" . IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: CREECH ENGINEERS INC. BY: Print Name: Title: .. Page 3 of 3 ~. . CREECH f.:..':: J'." ~ (":::,~~ 11',,,,;1 ..~~ ~ """'i1 ___.,_ î :,~,' CIVILIZATIO'.,1 r.." ,''''' ~ 'i'>.. ,\ :~< ;,:;¡ ~.¡.,,:~ ENG:.INEERED 2000 N.E. Jensen Beach Boulevard Jensen Beach, Florida 34957 Ph: (772) 283-1413, Fax: (772) 220-7881 March 28,2008 27017.03 Mr. Mark Dimascio St. Lucie County Parks & Recreation 2300 Virginia Avenue Fort Pierce, Florida 34982 RE: EMERSON AVENUE SIDEWALK - FLORIDA DEPARTMENT OF TRANSPORTATION COORDINATION Proposal for Engineering Services Dear Mr. Dimascio: Creech Engineers, Inc. (hereinafter referred to as "Consultant") is pleased to submit this Work Authorization for professional engineering services to St. Lucie County (hereinafter referred to as "County") fór the Emerson Avenue Sidewalk Florida Department of Transportation Coordination (hereinafter referred to as "Project"). This proposal is submitted as part of our Continuing Contract for Consulting I Professional Services for Stormwater Management Design and Permitting Services dated July 24, 2007. PROJECT UNDERSTANDING It is the Consultant's understanding the County needs to address comments made by the Florida Department of Transportation (FDOT) with respect to the Emerson Avenue sidewalk. The Consultant respectfully submits the following Scope of Services and Fee Schedule for the County's review and approval: ... . EMERSON AVENUE SIDEWALK - FOOT COORDINATION St Lucie County Engineering SCOPE OF SERVICES. March 28, 2008 Page 2 of 3 Exhibit A SCOPE OF SUPPLEMENTAL SERVICES Task 01 - Florida Department of Transportation (FOOT) Coordination Services This task includes coordination with the County and FOOT, as required to address Responses to Comments made by FOOT. This proposal is based on the assumption that no major changes the engineering drawings are required. . ADDITIONAL SERVICES The Consultant will provide, as requested by the County, additional services that require analyses beyond those described above. These additional services may include, but not be limited to: A. Additional meetings; and B. Additional engineering and/or surveying services beyond the scope of this contract. Additional services, should they be requested, will be provided on a Time and Materials Not to Exceed basis as directed by the County. . FEES AND BILLING Billing will be invoiced monthly based on the services actually provided for Time and Materials Not to Exceed Tasks. Reimbursable expenses are included in the hourly rates. SUMMARY .' " The Consultant is extremely pleased to provide the County with professional services as outlined above. The Consultant's fees for the above listed services do not include permit or filing fees. This proposal represents the entire understanding between the County and the Consultant with respect to the Project, and may only be modified in writing and signed by the County and the Consultant. If this satisfactorily sets forth the County's understanding of this agreement, please attach this to the County's Standard Agreement for Services, forward this for approval by the County, and return it to the Consultant's Jensen Beach address. / ....... I /1- 0<."1'-' (- aV "Oats· Reis, P.E. Project Manager Creech Engineers, Inc, oreisCID.creechinc. com ORldmp Attachments ... EMERSON AVENUE SIDEWALK - FOOT COORDINAT10N St. Lude County Engineering SCOPE OF SERVICES March 28, 2008 Page 3 of 3 Exhibit B FEE SCHEDULE The Consultant will provide the services outlined above for the Time and Materials Not to Exceed Fees as detailed below: TASK Task 01 - Florida Department of Transportation Coordination Services . TYPE FEE TNE $ 2,000.00 Total: TNE $ 2,000.00 .' AGENDA REQUEST ITEM NO: L DATE: April 8, 2008 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Department PRESE.NJ: ·-SY: John Franklin Housing Manager SUBJECT: Approval to complete the pre-application for a U.S. Department of Agriculture (USDA), Rural Housing Service (RHS) grant that awards up to $100,000 to be used to rehabilitate housing for very low and low-income residents. BACKGROUND: On February 20, 2008 the USDA advertised a Notice of Funds Available (NOFA) to eligible rural communities for the purpose of rehabilitating low- income housing. The Housing Division is committed to helping low- income homeowners repair their homes that have been damaged by hurricanes and bring older homes up to current standards. The grant pre- application is due April 21, 2008. If St. Lucie County Housing is shortlisted for the final application, the division will request permission to apply for the grant. FUNDS AVAIL: No match required. PREVIOUS ACTION: NA RECOMMENDATION: Staff recommends approval to complete the pre-application for the USDA Rural Housing Service grant, and for the Chairman to sign the pre- application as prepared by Housing staff. COMMISSION ACTION: County Attorney: x 'l\1) <\'^ !.)O 11\'\ Originating Department: x ~tt.. C;C7CE: _ Douglas MAnderson County Administrator Coord i nation/Sig natures M,"'g,moo' & ,,,,g,,,~ Purchasing: [X1 APPROVED [ ] DENIED [ ] OTHER Approved 5-0 Other: other: COMMUNITY SERVICES DEPARTMENT MEMORANDUM #08-101 TO: FROM: SUBJECT: Board of County Commissioners John Franklin, Housing Manager Request for approval to apply for a $595,800 USDA RHS grant to rehabilitate housing for low-income residents DATE: April 8, 2008 Staff is requesting approval to apply for a U.S. Department of Agriculture (USDA), Rural Housing Service (RHS) grant that awards up to $100,000 to be used to rehabilitate housing for very low and low-income residents. On February 20, 2008 the USDA advertised a Notice of Funds Available (NOFA) to eligible rural communities to assist very low- and low-income homeowners in repairing and rehabilitating their homes in rural areas. The Housing Division is committed to helping very low- and low-income homeowners repair their homes that have been damaged by hurricanes and bring older homes up to current standards. The grant application is due April 21, 2008. Staff recommends approval to apply for the USDA Rural Housing Service grant for the amount of $100,000, and for the Chairman to sign the application as prepared by Housing staff. Agenda Request Item Number Date: 7A 4/08/2001 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ x ] Quasi-JD [x To: Submitted By: Board of County Commissioners Growth Management SUBJECT: Amending Resolution No. 06-052, adopted on April 18, 2006, which granted a Change in Zoning from the AG-1 (Agricultural- 1 du/acre) Zoning District to the PUD (Planned Unit Development- Plantation Acres) Zoning District and Preliminary Planned Unit Development site plan approval for the project to be known as Plantation Acres - Planned Unit Development, by amending Section C to correct scrivener's error in expiration date of approval; providing an effective date. BACKGROUND: Following the recordation of Resolution No. 06-052, staff detennined that the approval expiration date noted in Section 'C' was incorrect. FUNDS AVAILABLE: PREVIOUS ACTION: N/A On April 18, 2006, this Board, through Resolution No. 06-052, granted approval of a Change in Zoning from the AG-1 (Agricultural - 1 du/acre ) Zoning District to the PUD (Planned Unit Development - Plantation Acres) Zoning District and Preliminary Planned Unit Development for the project known as Plantation Acres - Planned Unit Development for a 46 single-family residential subdivision located on 46.28 acres on property on the west side of Koblegard Road, approximately 0.5 miles north of Indrio Road. RECOMMENDATION: Staff recommends approval of Draft Resolution No 08-089 amending Resolution NO. 06-052. COMMISSION ACTION: [RJ APPROVED 0 DENIED D OTHER Approved 5-0 Coordination! Signatures Mgt. & BU~~~~ ~ ~ Engineering: N I fr , /.ß::NCé Douglas M. AnÌÌElnlbn County Administrator ~~~..ty Attomey ~ Growth Management: Finance: -.... -m Other: County Surveyor: Commission Review: April 8, 2008 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: THROUGH: Board of County Commissioners FROM: Mark P. Satterlee, AICP, Director, Gr h Management Peter W. Jones, A.I.A., Plannin DATE: SUBJECT: March 10,2008 Amending Resolution No. 06-052, adopted on April 18, 2006, which granted a Change in Zoning from the AG-1 (Agricultural- 1 du/acre) Zoning District to the PUD (Planned Unit Development- Plantation Acres) Zoning District and Preliminary Planned Unit Development site plan approval for the project to be known as Plantation Acres - Planned Unit Development, by amending Section C to correct scrivener's error in expiration date of approval; providing an effective date. FILE NO.: PUD-05-014 On April 18, 2006, this Board, through Resolution No. 06-052, granted approval of a Change in Zoning from the AG-1 (Agricultural- 1 du/acre) Zoning District to the PUD (Planned Unit Development - Plantation Acres) Zoning District and Preliminary Planned Unit Development for the project known as Plantation Acres - Planned Unit Development. Following the recordation of Resolution No. 06-052, staff determined that the approval expiration date noted in Section 'C' was incorrect. Section 'C' cited within the resolution should have read as follows: C. This Preliminary Planned Unit Development Site Plan approval shall expire on April 18, 2008, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County land Development Code or Final Development Approval has been granted. Draft Resolution No.08-089, if approved, will amend the expiration date in Section 'C'. Staff recommends approval of Draft Resolution No. 08-089 amending Resolution 06-052. Please contact this office if you have any questions on this matter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO.OS-OS9 FILE NO.: PUD-05-014 AMENDING RESOLUTION NO. 06-052, ADOPTED ON APRIL 18, 2006, WHICH GRANTED A CHANGE IN ZONING FROM THE AG-1 (AGRICUL TURAL-1 DU/ACRE) ZONING DISTRIC 0 THE PUD (PLANNED UNIT DEVELOPMENT- PLANT: ACRES) ZONING DISTRICT AND PRELIMINARY NED UNIT DEVELOPMENT SITE PLAN APPROVAL F. ROJECT TO BE KNOWN AS PLANTATION ACR ED UNIT DEVELOPMENT, BY AMENDING RRECT SCRIVENER'S ERROR IN EXPI VAL; PROVIDING AN EFFECTIVE D WHEREAS, the Board of County Commission the following determinations: 1. lution No. 06-052, granted (Agricultural -1 du/acre) 't evelopment - Plantation nary ed Unit Development for the res - Planned Unit Development. 2. ution No. 06-052, staff determined that in Section 'C' was incorrect. A. in the resolution should have read as follows: C. Planned Unit Development Site Plan approval shall expire on , unless an extension is granted in accordance with Section (3), S1. Lucie County Land Development Code or Final Development has been granted. B. All the terms, findings, and conditions otherwise cited in Resolution No. 06-052, approved on April 18, 2006, are hereby incorporated by reference in Resolution No. 08-089. C. A copy of this resolution shall be retained in the petition file with the S1. Lucie County Growth Management Director. File No.: PUD-05-014 April 8, 2008 Resolution 08-089 Page 1 1 2 After motion and second, the vote on this resolution was as follows: 3 4 Chairman Joseph E. Smith XXX 5 6 Vice-Chairman Paula A. Lewis 7 8 Commissioner Chris Craft 9 10 Commissioner Doug Coward 11 12 Commissioner Charles Grande 13 14 15 PASSED AND DULY ADOPTED this 8th D 16 17 18 19 20 21 22 23 24 25 26 APPROVED AS TO FORM AND 27 CORRECTNESS: 28 29 30 31 County Attorney 32 File No.: PUD-05-014 April 8, 2008 Resolution 08-089 Page 2 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE * 2861800 OR BOOK 2568 PAGE 601, Recorded 05/19/2006 at 03:36 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO, 06-052 FILE NO.: PUO-G5-Ø14 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG·1 (AGRICULTURAL - 1 DUlACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - PLANTATION ACRES) ZONING DISTRICT AND PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS PLANTATION ACRES - PLANNED UNIT DEVELOPMENT WHEREAS, the Board of County Comminioners of St. Lucie County. Florida. based on the testimony and evidence. including but not limited to the staff report, has made the following determinations: 1. Plantation Acres LLC. presented a petition for a Change in Zoning from the AG-1 (Agricultural - 1 du/aere) Zoning District to the PUD (Planned Unit DevelDplTlent _ Plantation Acres) Zoning District and Preliminary Planned Unit Development approval for the project to be known al Plantation Acres - PUD for a 46 single-family residential subdivision to be located on 46.28 acres on property on the west side of Koblegard Road, approximately 1/2 mile north of Indrio Road. 2. The OllV8lopmenl Review Committee has reviewed the Preliminary Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent With the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. The proposed project ia not increasing the density or intensity presently allowed under the St. Lucie County Comprehe Ian and Land Development Regulations and IB not in conflict with the Stop Gap ance (Ordinance No. 2005- 016). The proposed project is consistent with the gen purpose, goals, objectives and standardB of the St. Lucie County Land Dave pment e, the St. Lucie County Comprehensive Plan, and the Code of Ordinan aun , 3. On March 16, 2006, the St. Lucie County Planning and Zoning mmlsslon held a public hearing, of which due public notice iBhed and lied to all property owners within 500 feet at least 10 dayB prl the ring, and racommended that the Board of County Commissioners app the C nge in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning Distrl the P (Planned Unit Development _ Plantation Acres) Zoning District and e Ian Unit Development for the project to be known as Plantation Acres -, property depicted on the attached Maps al Exhibit "A' and described in Part 4. On April 16, 2006, the St. Lucie hearing, of which due public n within 500 feet at least 10 day Unit Development approval for File No.: PUD-05.(l14 April 18 , 2008 ResolYtion No. 06-052 Page 1 ~A D~~n ~~UO ~~~ ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 5. The proposed project will not have an undue adverse effect on adjacent property. the character of the neighborhood. lrlIfIIc conditions, pIIrking, utility facilities or other matters affeçjng the public health. safety. and general welfare. 6. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building detlign, site detlign, landscaping and screening . 7. The proposed project will be constructed. arranged and operated so as not to interfere with the development and use of neighboring property, In accordance with applicable district regulatiOll8. 8. The individual lots of the proposed project will be served by well and septic systems 9. The applicant is not requesting to reserve roadway capacity with this preliminary development approval. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commiuioners of 51. Lucie County, Florida: A. Pursuant to Section 11.02.05(A) of the St. Lucie County Land Development Code, the Preliminary PI8nned Unit Development Plan for the project to be known as Plantation Acres - Planned Unit Development, and is hel'llby approved as depicted on the site plan drawings for the project prepared by Land Design South. dated June 21. 2005, last revi8ed October 21, 2005. and date stamped received by the St. Lucle County Growth Management Director on March 2. 2006, subject to the following conditions: 1. Prior to Final Planned Unit DeveIopme successors and assigns, shall resolve the t the Board of County Commissioners: a. Road Connecllvlty Including A b. Paved access to the project c. Identification of Mure road connections on the fi d. Payment of fair share n for ro improvements e. Flow way connectivity f. Use of Roads, Flow homeowners' associ . g. Incre8Hd buffer and setback property h. Include traffic analysis of the inte of Emerson Avenue and Indrio Road i. Compatibility 2. UD shall be that the developers, its urs of construction of the development File No.: PUD-<l5-01. April 18. 2006 Resolution No. 06-052 Page 2 OR BOOK 2568 PAGE 603 1 2 3 4 5 6 7 8 B. 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 C. 28 29 30 31 32 D. 33 34 3S 36 37 38 39 40 41 42 E. 43 44 4S 46 47 between 7 a.m, and 5:30 p.m., Monday through Friday, and 7 a.m. and 1 p.m. on Saturday. 3. Prior to Final PUD approval, a littoral planting plan, suflicienfly addrasaing the policy requirements found in Conservation Policies 8.1.2.5 and 8.1.4.4 of the County's Comprehanslve Plan, shall be submitted for review. The property on which this site plan approval is being granted is described as follows: PARCELl THE EAST 3/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 8, TOWNSHIP 34 SOUTH, RANGE 38 EAST, LESS RIGHT-OF-WAY FOR FORT PIERCE FARMS WATER CONTROL DISTRICT OVER THE SOUTH 40 FEET AND LESS ROAD RIGHT-OF·WAY OVER THE EAST 30 FEET AND THE NORTH 25 FEET. PARCEL II THE SOUTH 1/2 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 9, TOWHNSHIP 34 SOUTH, RANGE 39 EAST, LESS ROAD RlGHT-OF.WAY FOR FORT PIERCE WATER CONTROL DISTRICT CANAL OVER THE SOUTH 46 FEET AND LESS ROAD RIGHT-OF-WAY OVER THE EAST 30 FEET. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. (Location: West aide of Kobelgard Road, approXimately 1/2 mile north of Indrlo Road) This Preliminary Planned Unit Development Site Plan approval shall expire on April 18, 2007, unless an extension Is granted in accordance with Section 11.02.06(B)(3), SI. Lucie County Land Development Code or Final Planned nit Development Approval has been granted. The Preliminary Planned Unit Davelopment Site Pia granted under this Resolution Is specifically co . 'oned petitioner, Plantation Acres, LLC, including any neceaaary development permits and conatructi authorizatio the appropriate Slate and Federal regulatory authorities. including but not limited . the United States Army Corps of Engineers, the Florida Depe Envlronme I Protection, and the South Florida Water Management Dis . e Issuance of any local building permits of authorizations to commence c1ivities on the property described inPartB. Tha conditions set forth in Part A ara an in! n- arable part of the site plan approval granted by this RBSOlutlon. If any condition orth in Part A is determined to be invalid or unenforceable for and developer declines to comply voluntarily with that condition, roval granted by this Resolution shall become null and void. File No.: PUD.(I~14 April 18. 2006 Resolullon No. 08.(152 Page 3 V~ ,gvv~ ¿;.J"'''' I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 F. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. G. A copy of this Resolution shall be mailed, return receipt requested to the developer and agent of record as Identified on the site plan applications. H. This Resolution shall be recorded In the Public Records of SI. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward AYE VIce-Chairman Chris Craft AYE Commissioner Joseph E. Smith AYE Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lawis AYE PASSED AND DULY ADOPTED this 18" day of April 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ar H:\Development Projects 2005IPUDlPI l_n18llon Acrel REsœ052.doc FiI_ No.: PUD-05'{14 April 18. 2006 Relolution No. 06'()52 Page 4 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA April 8,2008 NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENT OF RESOLUTION NO. 06-052 TO CORRECT SCRIVENER'S ERROR Th. II. Lucl. County lo.rd of County Comml..lo..... p,opo... to .dopt tho following by ....olullon: RESOLUTION NO.·OI.on A RESOLUTION AMENDING RESOLUTION NO.lIIHI52. ADoPTED ON APRIL II, l!lKNI. ; WHICH GIlANTED A ~ IN ZONING FRClII THE AQ-I (AGRICULTURAL- 1 DUI ACRE) ZONING DISTRICT TO THE PUD (PI.ANNEQ UNIT DEVELOPMENT· PLANTATION ACRES) ZONING ·DIBTRICT AND PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS PLANTATION ACREB - PLANNED UNIT DEVELOPMENT. BY AMENDING ·SECTION C TO CORRECT SCRlVENER'8ERROR IN EXPIRATION DATE OF APPROVAL; PROVIDING AN EFFECTIVE DATE. APPLICANT: Plantation Acm. LLC FlLENUMBER: PUD.oa.o14 LEGAL DEICRPTION: A PARCEL OF LAND LYING IN SECTIONS 8 AND 9, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST, LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL I THE EAST THREE QUARTERS (E 3/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 8, .TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS RIGHT..QF.;WAY fOR FORT PIERCE FARMS WATER CONTROL DISTRICT OVER THE SOUTH 4Il FEET AND LESS ROAD RIGHT-OF-WAY OVER THE EAST 30 FEET AND THE NORTH 25 FEET. PARCEL II THE SOUTH HALF (S 112) OF THE SOUTHWEST QUARTER ISW 1/4) OF THE SOUTHWEST QUARTER (SW 114) OF SECTION 9. TOWNSHIP 34 SOUTH, RANGE 311 EAST. LESS ROAD RIGHT-OF-WAY FOR FORT PIERCE FARMS WATER CONTROL DISTRICT OVER THE SOUTH 45 FEET AND LESS ROAD RIGHT-OF-WAY OVER THE EAST 30 FEET. AlL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. PARCEL I CONTAINS 28.30 ACRES, MORE OR LESS. PARCEL II CONTAINS 17.lIB ACRES, Ml>!'lE OR LESS. OVERALL ACREAGE' 46.28ACRES.:~ OR LESS. LOCATION: _..... 01 KobIogord lto!od. 'PPI'OJlimlloly 0.5 mil.. norIll oIlndrlo _. PURPOSE: COIT8Ct scrivelllll"S error in expiration ~ of approval The PUBUC HEARING on this Item will be held In the Commloolcn Chombe.., Roger P_ An""", 3nI Floor. St Lucie County Administration Building. 2300 llirglnla Avonue, Fcrt PIarœ, FlorIdoon T~y, AprIl I, _, b8lnnlng 81 1:01AM ar os lOOn \I1ereefter .. poosiÞle. All Intel1lSled peroans will be given on oppoIIunlly to be _rd. Wrltlen comlnenls _ In 8dvonce 01 the public h..ring wHlllIo be con_l*1. Wrltlen almmonlll1D tho !lceRI. 01 County eammllalano..· ohould be _ by the Growth MIn8gomon! lleportmonl- Piannlng OMoion M loot 3 clays . i><1ar Ip the lChodutod heoring. The petition file IsIlV8illlble.far _ 81'the Growth.MoInogornonllleporlmen olliœs locotod 812300 \lirglniJI A_uo. 2" Floòr. Fort P1o..,., FIorido. Plono """ 772/482-2822 Wyou htMo any q_nl o'requlre ..xll1lonol1nlOnnetion. . \\ . I; ~ ~ ,,,,;o:..,~ E Ii e.. Tho Sl lucie County Board 01 CoLll1\y Conimis8ìonere ho. ¡he _ kÍ l8Yiow ond g..nt ony oppllcllllono wllhin __ or~b1Ilty. The proc:oIId~'lII' 01 the Board 01 CoUl'lty ~ ere _lIy recorded. PURSUANT TO ~ 2lILÐ1ÐL I'Iart...~·W eperoon decldñlo IIlptI8J eny _Ion mede by tho _of County ~ with ~ to eny __ 81e møIlng ar hooring, h. or..... will nood I record r:A theproc:olldtngo. .Far""" pu_, he or ..... moy nood to enlUl8 thlt . ve_ record or the pr-.lingo~!1lodo,1IIh1c:h _ inGIudeI the \o8/many ond ..idonee upon _. tho oppooIll to beboood, Iþan t~requoot 01 onyperty 10 the proc:oIIdlng, IndiYiduois IMtIfyIng during 0 hoorlng wRI be owom'In.'Any pertylo tho proc:oIIdlng will be g_ on opporlunlty 10 c:roA4I8n1În8 eny lndMc:luOllellllylng during 0 hooring upon l1ICl_llIlI_ n&C8818r;, 0 public hoorlng moy be continued from timolo time os rney be necooiIor; to . de_In. Anyone wIIh 0 dls8Þ1111y _Iring 8CCOIIIIIllldatlon to _nd this rnoeIlng Ihouldcontac:l the Sl Lucie CountyCommunlty_Dnctor8l_t~ntl48) hou.. prlortothomooting 817721482_1777 arT.D.D.772/482·1428. IIOARIl OF COUNTY COMMœSlONERI IT. LUCIE COUNTY, FLORIIA 181 JOSEPH E. s.TH, CHAIRMAN PUBLISH OATE: Mlrch 28, 2008 1Ii..' !!II: F . WEDNESOAY. MARCH 26. 2008 . SCftlPPS TREA.SURE COAST NEWSPA~ERS . B8 BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENT' March 24, 2007 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 Plantation Acres- PUD-05-014 In accordance with the St. Lucie County Land Development Code, you are hereby advised that Plantation Acres. LLC has petitioned St. Lucie County for a correction of scrivener's error In expiration date of approval for the following described property: Location: West side of Koblegard Road, approximately 0.5 miles north of Indrio Road. Legal Description: A PARCEL OF LAND LYING IN SECTIONS 8 AND 9, TOWNSHIP 34 SOUTH. RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELl THE EAST THREE QUARTERS (E 3/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 8, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS RIGHT-OF-WAY FOR FORT PIERCE FARMS WATER CONTROL DISTRICT OVER THE SOUTH 40 FEET AND LESS ROAD RIGHT-OF-WAY OVER THE EAST 30 FEET AND THE NORTH 25 FEET. PARCELiI THE SOUTH HALF (S 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS ROAD RIGHT-OF-WAY FOR FORT PIERCE FARMS WATER CONTROL DISTRICT OVER THE SOUTH 45 FEET AND LESS ROAD RIGHT-OF-WAY OVER THE EAST 30 FEET. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. PARCEL I CONTAINS 28.30 ACRES, MORE OR LESS. PARCEL iI CONTAINS 17.98 ACRES, MORE OR LESS. OVERALL ACREAGE = 46.28 ACRES, MORE OR LESS. The public hæri1lg on the petition will be held lit 9:00 A.M, or as soon thereafter as possihle, on Tuesday, April 8, 2008, County CommÎllsioner's Chambers, S1. Lucie County Administration Building Anner, 2300 V'uginiø Avenue, Fort Pierce, FIoridtz. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, or provide written comments for the record. JOSEPH E. SMITH, District No. I . DOUG COW ARD, Districl No.2. PAUl.A A. LEWIS, District NO.3. CHARl.ES GRANDE, District No.4 . CHRIS CRAFT. District No.5 County Administrator - Oouglas M, Anderson Website: www.co.st-iucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Administration: (772) 462·1590 Planning: (772) 462-2822 GISfTechnical Services: (772) 462-2822 FAX: (772) 482-1581 Economic Development: (772) 462-1550 FAX: (772) 462·1579 Tourist Development: (772) 462-1535 1 (BOO) 344-TGI F FAX: (772) 462-2132 The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifYing during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifYing during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (771) 461-1822 or at (_ail address) if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Joseph E. Smith, Chairman Form No. 07-19 A petition of Plantation Acres, LLC, to amend Resolution No. 06-052, adopted on April 18, 2006, which granted a change in zoning from the AG-1 (Agricultural- 1 du/ac) Zoning District ' to the PUD (Planned Unit Development-Plantation Acres) Zoning District and Preliminary Planned Unit Development Site Plan Approval for the project to be known as Plantation Acres-Planned Unit Development, by amending Section C to correct scrivener's error in expiration date of approval. FPFWMD CANAL NO. 12 ..------------ " ~ ;i z ð # , , .... .. ~ ~ , · · · · · · · · · . 1___.__--- ~ ~ 1>tl' ~ ~ 'ß-~ ~ , , ~ --..----------...------------. , # # , " - ~ ;;.I ~ ~ "!.I {l\ <8- \. INDRIO RD Alec RD C1 Subject property .- - - -. I . 500' notification area ~;;-.:e. &'-7~ ~ß~n1U711 D9'-~ N ----.. Map prepared March 24. 2008 ~ ~ ~ CD ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 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J\,)"U 8C: ....,¡e B,fil CCl III ..... -..... o ; 3 it )C & i- S' III ::::l 0- n c .. ; ::::l .. o :E ::::l CD .. Q. III S' III III a c.. III ::::l C III -< ... $'1 J\,) ~ ,... i 'a ; ¡ ; Q. c.. III ::::l C III -< W ... J\,) 8 f» ....... , . co . AGENDA REOUEST ITEM NO:'SZIt.-.ß DATE: April 8, 2008 REGULAR PUBLIC HEARING CONSENT [ ] [X] [ ] @J TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Department PRESENTED BY: John Franklin Housing Manager SUBJECT: BACKGROUND: FUNDS AVAIL: PREVIOUS ACTION: RECOMMENDATION: COMMI~~ION ACTION' Approval of Modification Number 1 to revise program budget, scope of work and national objective for the St. Lucie County CDBG DRI Grant # 07DB-3V-10-66- 01-Z04 in order to address blight in St. Lucie County. See attached memorandum number 08-107. 001184-6420-334693-600 On March 25, 2008, the Board approved the advertisement of a public hearing for Modification Number 1 to the CDBG DRI Grant. On February 27, 2007 the Board authorized the execution of a contract with the State of Florida Department of Community Affairs in order to administer the Community Development Block Grant Disaster Recovery Program grant in the amount of $1,332,433. On August 15, 2006 the Board authorized the grant application to submit a $1,332,433 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal and sub recipient agreements with the Cities of Fort Pierce and Port St. Lucie to receive this funding, St. Lucie County to receive $492,334.00. Approval of Modification Number 1 to revise program budget, scope of work and national objective for the St. Lucie County CDBG DRI Grant # 07DB-3V-10-66- 01-Z04 and authorization for the Chair to sign all documents necessary. E: [XI APPROVED [ ] DENIED [ ] OTHER County Attorney: x l\~ r 0 ¡rM Originating Department: x .4:;11.- Finance: x Check for copy only, if applicable APproved 5-0 D glas MAnderson County Administrator Coordination/Signatures ~J\¡J\) Management & Budget x~ ~ !!L ~ Other: Purchasing: Other: . . COMMUNITY SERVICES MEMORANDUM #08-107 TO: Board of County Commissioners FROM: John Franklin, Housing Manager SUBJECT: CDBG DRI Grant # 07DB-3V-10-66-01-Z04 Modification #1 DATE: April 8, 2008 St. Lucie County is seeking to revise the program budget, scope of work and the national objective for the 07DB-3V-10-66-01-Z04 CDBG DRI grant. At this time, it is anticipated that all funds will be expended by the April 2009 deadline. St. Lucie County Housing Division has been working with the Code Enforcement Department to address blight in St. Lucie County. Currently Code Enforcement has seventeen properties that the Housing Division is proposing to assist them with. Staff recommends the approval of Modification Number 1 to revise the program budget, scope of work and national objective for the St. Lucie County CDBG DRI Grant # 07DB- 3V-10-66-01-Z04 and authorization for the Chair to sign all documents necessary. Enclosures . . MODIFICATION NUMBER 1 TO GRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND ST, LUCIE COUNTY This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, (the Department"), and St. Lucie County, (the Recipient"), to modify DCA Contract Number 07DB-3V-IO-66-01-Z04, award dated Apri117. 2007, ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a grant of $1.332.433.00 to Recipient under the Community Development Block Grant Disaster Recovery Initiative ("CDBG") Program as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: o Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. o Extend Agreement 2. N/A . Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. . Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. . ~ Modification # 1 DCA Contract Number: 07DB-3V-IO-66-01-Z04 Recipient: St. Lucie County Page 2 o Change in Participating Parties 5. N/A o Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. 7. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. . Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 40 -. Modification # 1 DCA Contract Number: 07DB-3V-IO-66-01-Z04 Recipient: St. Lucie County Page 3 IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. 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I-- ü W -, o 0:: 0.. I.J... o (/) w (/) :J c o ë-c Q) Q) E ü .I::. () U <;:: £] ~ « 1Il ë ~ () .... E is Q) 1Il Q) -c 0, ~ ctI Q) -c.o æ E 3: ::J ro c c Ql o :5 ST LUCIE COUNTY HOUSING DIVISION 437 N. th Street Fort Pierce, FL. 34950 (. REQUEST FOR QUOTATIONS Demolition Projects Due Date: ASAP - March 14th at 2:00 p.m. CONTRACTOR INFORMATION: j COUNTY CONTACT INFORMATION: I Company Name: Please complete and return this form to: Address: John Franklin, Housing Manager 437 N. ih Street City/State/Zip: Fort Pierce, FL 34950 Contact Person: P: (772) 462-1290 Phone: F: (772) 462-2855 Fax: franklij@stlucieco.gov , , Signature Title: Date of Quote: THIS IS NOT AN ORDER Please quote on the following demolition items. Quote prices shall be stated in units requested and shall remain ! firm for ninety (90) calendar days. The County is exempt from Federal Excise (#59-6000835) and Sales Tax (#66-02-017739-53C) SCOPE OF WORK FOR EACH PROPERTY: ! Demolition and safe, legal disposal of all materials and clean up of job site for the construction of the new house. I 4313 Ave K, Fort Pierce, FL ! 3355 Johnston Rd, Fort Pierce, FL 3305 Ave L, Fort Pierce, FL i 1910 N 13th Street, Fort Pierce, FL , 2702 Essex Court, Fort Pierce, FL . 3363 Hammond Road, Fort Pierce, FL i : 2110 St Lucie Blvd, Fort Pierce, FL 1815 Edgevale Road, Fort Pierce, FL 3301 Cortez Blvd, Fort Pierce, FL 2808 S 35th Street, Fort Pierce, FL 2206 S 34th Street, Fort Pierce, FL 2516 Rolyat Street, Fort Pierce, FL 3531 Eleven Mile Road, Fort Pierce, FL 1998 Copenhaver Road, Fort Pierce, FL 5030 Edwards Road, Fort Pierce, FL 118 NE Jardain Road, Port St. Lucie, FL 4955 S Indian River Drive, Fort Pierce, FL ¡ Foreign Account Number 11504098 Ad # 1815346 Ad Net Cost $34.96 Name (Primary) ST LUCIE COUNTY BOCC Company (Primary) ST LUCIE COUNTY BOCC Street 1 (Primary) ATTN: ACCOUNTS PAYABLE SUPE City (Primary) FT PIERCE State (Primary) FL ZIP (Primary) 34982 Phone (Primary) (772) 462-1692 Class Code 9424 - Notice of Meeting Start Date 3/28/2008 Stop Date 4/4/2008 Prepayment Amount $0.00 Ad Sales Rep. 190 - Barbara Wentzel Width 1 Depth 76 BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA NOTICE OF PUBLIC HEARING NOTiCE is HEREBY GIV- EN THAT THE BOARD OF COUNTY COMMiS· SIONERS OF ST. LUCIE COUNTY, FLORIDA will consider Modification Number 110 revise pro- gram budget, scope of work and national objec- tive for the St. Lucie County CDBG DRI Grant #07DB-3V-l0-66-01-Z04 at its reg:ular meeting on Tuesday, the 8th day of April, 2008, at 9:00 a.m., or as soon thereafter as the matter may be heard, in the 51. Lucie County Commission Chambers at the 51. Lu· cie County Administra- tion Building Annex, Third Floor, 2300 Virgin- ia Avenue, Fort Pierce, Florida. A copy of the Modification is available in the office of the 5t. Lucie County Communi- ty ~ervices, Housing Di· viSion, 437 North 7th Street, Fort Pierce, Flori- da. All interested par- ties are invited to attBnd and be heard, Written comments received in advance of the public hearing will also be heard. Anyone with a disability requiring ac- commodation to anend this meeting should con- tact the St. Lucie Coun~ Community Services 0,- recter at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight 148) hours prior to the meet- Ing. THIS NOTICE EXECUTED AND DATED THIS 26th day of March, 2008. Publish: March 28, April 4,2008 1815346 MOSQUITO CONTROL DISTRICT www.co.st-Iucie.fl.us .Îm~~ði___~~fi~îIII_.Ii'IIñ~I_{mïlîlll_ii Charles Grande, Chairman District No.4 Doug Coward, Vice Chairman District No.2 Joseph Smith District No. 1 Paula Lewis District No.3 Chris Craft District No.5 ill' ""'_""""""""""'" "till.' "'''''ft~'~'.'¡tíJ'' n'~M. 'H' ".m'8. I, MINUTES Approve the minutes from the March 25, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A, WARRANTS Approve warrant list No. 26 and 27 B, PURCHASING Second Amendment to Contract C05-04-288 with Creel Pump, Inc. - Consider staff recommendation to approve the Second Amendment to Contract C05-04-288 with Creel Pump, Inc., extending the contract through April 11, 2009, and authorize the Chairman to sign the amendment as prepared by the County Attorney. 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 meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 25, 2008 Convened: 10:14 a.m. Adjourned: 10:14 a.m. Commissioners Present: Chairman, Charles Grande, Paula A. Lewis, Doug Coward, Chris Craft, Joseph Smith Others Present: Doug Anderson, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held March 11,2008, and;upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Smith, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. WARRANTS The Board approved Warrant List No. 24 and 25. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 04/04/08 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #27- 29-MAR~2008 TO 04-APR-2008 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund GRAND TOTAL: EXPENSES 9,120.12 9,120.12 PAGE 1 PAYROLL 4,855.20 4,855.20 04/04/08 FZABWARR FUND 145 ST. LUCIE COUNTY - BOARD WARRANT LIST ~27- 29-MAR-2008 TO 04-APR-2008 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund GRAND TOTAL: EXPENSES 31,223,10 31,223.10 PAGE 1 PAYROLL 35,908.32 35,908.32 03/28/08 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #26- 22-MAR-2008 TO 28-MAR-2008 FUND SUMMARY- MOSQUITO .'JD TITLE 145 Mosquito Fund GRAND TOTAL: EXPENSES 4.0, 848 . 76 40,848.76 PAGE 1 PAYROLL 2,366.52 2,366.52 03/28/08 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #26- 22-MAR-2008 TO 28-MAR-2008 FUND SUMMARY- EROSION FUND TITLE 184 Erosion Control Operating Fund GRAND TOTAL: EXPENSES 22,755.81 22,755.81 PAGE 1 PAYROLL 0.00 0,00 ~ -; ITEM NO. B1 DATE: 04/08/2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY: Purchasing Department Neil Appel, Purchasinq Director SUBJECT: Second Amendment to Contract C05-04-288 with Creel Pump, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: 145-6230-546000-600 - Equipment Maintenance. PREVIOUS ACTION: On May 8, 2007 the Board approved the first amendment to contract C05- 04- 288 with Creel Pump, Inc. for Bid No. 05-014. RECOMMENDATION: Staff recommends approval of the second amendment to contract C05-04- 288 with Creel Pump, Inc., extending the contract through April11, 2009, and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: E: (~APPROVED () DENIED ( ) OTHER o G ANDERSON Approved 5-0 COUNTY ADMINISTRATOR Coordination/SiQnatures CO"'ty Anomey (X) ¡k Mgt. & ",dge! (xJli '~ì~"\' P'''h'';09 (X) ~ M",,;!o Coouol (X) ~ athe,! ) . ~ Othe, ( I Finance: (check for copy, only if applicable)_ · \; PURCHASING DEPARTMENT MEMORANDUM To: Mosquito Control District Board From: Neil Appel, Purchasing Director Date: March 17,2008 Re: Second Amendment to Contract C05-04-288 with Creel Pump, Inc. for the purchase of and annual maintenance for electrical lift pumps BACKGROUND: On February 2, 2005 bids were open for Bid #05-014 Purchase & Annual Maintenance of 18" Diameter, 6000 GPM Pumps. Two hundred ninety-four (294) vendors were notified, twenty-five (25) documents were distributed, and one (1) response was received. Staff recommends award of Bid #05-014 Purchase & Annual Maintenance of 18" Diameter, 6000 GPM Pumps, at the bid unit price, to Creel Pump and authorization for the Chairman to sign the contract as prepared by the County Attorney. County and Contractor entered into a contract for an initial term of three (3) years with three (3) one-year renewal options. During the initial term, it was discovered that some miscellaneous parts which are required for repairs were not included in the original bid. On May 8, 2007, the Board approved the first amendment to the contract adding these items which are required for proper maintenance of the pumps. Staff is now requesting approval of the second amendment to exercise the first one-year renewal option and extending the contract through April 11, 2009. RECOMMENDATION: Staff recommends approval of the second amendment to contract C05-04-288 with Creel Pump, Inc., extending the contract through April 11, 2009, and authorization for the Chairman to sign the amendment as prepared by the County Attorney. NAlmrs , '. C05-04-288 SECOND AMENDMENT TO THE APRIL 12, 2005 CONTRACT BETWEEN ST. LUCIE MOSQUITO CONTROL DISTRICT AND CREEL PUMP, INC. THIS SECOND AMENDMENT, is made and entered into this day of , 2008, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, (the "District") and CREEL PUMP, INC. or his, its or their successors, executors, administrators, and assigns, (the "Contractor") . WHEREAS, on April; 12, 2005 the parties entered into a contract whereby the Contractor agreed to provide for the purchase and annual maintenance of electric lift pumps as needed; and, WHEREAS, on May 8, 20007 the parties amended the contract allowing for additional parts as needed for the maintenance of the lift pumps. WHEREAS, the parties desire to further amend the contract to exercise the first one-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 8. TERM shall be amended to read as follows: The term of this Contract shall begin on April 12, 2005 and continue through and including April 11, 2009, unless otherwise terminated as herein provided. The term of this Contract may be extended for two (21 additional one-year periods upon such term and conditions as agreed upon in writing by the parties. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 \ WITNESSES: C05-04-288 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY CREEL PUMP, INC. BY: Print Name: Title: 2 EROSION CONTROL DISTRICT www.co.st-Iucie.fl.us 1~__1I111111.~¡' . '"W-'¡¡ij\__il_~" 'lÎ¡_mf¡i¡~ 'lìþ¡¡.-ilillll'Y_II. Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No.4 Doug Coward District No.2 Joseph Smith District No.1 Paula Lewis District No.3 __il.il.~..__Î__"-IIiI_~·~·_._i1'll\tiliií_- I, MINUTES Approve the minutes from the March 25, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 26 and 27 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 meeting should contact the St. Lucie County Community Services Director at (772) 462.-1777 or TDD (772) 462.-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 25, 2008 Convened: 10: 15 a.m. Adjourned: 10:15 a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Joseph Smith, Doug Coward, Charles Grande others Present: Doug Anderson, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES It was moved by Com. Smith, seconded by Com. Coward, to approve the minutes of the meeting held March 11,2008, and;upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved Warrant List Nos. 24 and 25. B. PUBLIC WORKS .. The Board approved Work Authorization No. I3 (C-05-II-6l9) with Lee E. Harris, P.E. PhD in the amount of $4,345.00 to perform monitoring and assessment of the Couty's Civic Center artifical reef site deployed from January through February 2007 and execution of said agreement by the Chairperson. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court