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HomeMy WebLinkAboutAgenda Packet 03-23-2010March 23, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 0312212010 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 PDAS 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 may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp for 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 for 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 as 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. March 23, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org {iCh'iiinii�fiiiiifetiwHiiiiiiiiilliiliiliiiiillNNiiiiiH�iiiiiiiiiiliiiiitiiiliiixiiiiiiitiiiiiiitilil Charles Grande, District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 iiiii 6iiiiiiiimmmli ti nfliHitiiiiliiiiiiiitiiiiii# I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approved the minutes from the March 16, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 10-076 — Declaring April 1, 2010 as "Census Day" Consider staff recommendation to approve adoption of the attached Resolution No. 10-076, as drafted by the County Attorney. B. Resolution No. 10-088 —"Guardian Ad Litem Day" Consider staff recommendation to approve to adopt Resolution No. 10-088 as drafted. C. Presentation by Sean Boyle, Executive Director of the Children's Services Council of St. Lucie County V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 25 B. COUNTY ATTORNEY 1. Cortez Village — Fourth Amendment to June 23, 2007 Agreement with Cortez Townhomes, L.L.C., and Gregg R. Wexler, and Second Amendment to Declaration of Covenants Consider staff recommendation to approve the Fourth Amendment to the June 23, 2007 Agreement and the Second Amendment to the Declaration of Covenants, and authorize the Chairman to sign the documents. B. COUNTY ATTORNEY CONTINUED Board of Trustees of the Internal Improvement - Trust Fund of the State of Florida (TIITF) -Lease Agreement - Lease Number 4621 - Harbor Branch Preserve Consider staff recommendation to approve the Lease Agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) for the Harbor Branch Preserve, authorize the Chairman to sign the Lease Agreement and direct staff to return to TIITF for further processing. 3. Amendment to Agreement with Department of Corrections on Inmate Labor for Parks Division Consider staff recommendation to approve the Amendment and allow the Chairman to sign. 4. Treasure Coast Sports Commission, Inc. — Fifth Amendment to February 13, 2001 Facilities Use Agreement for Office Space at Tradition Field Consider staff recommendation to approve the proposed Fifth Amendment to the February 13, 2001 Facilities Use Agreement with Treasure Coast Sports Commission, Inc. and authorize the Chairman to sign the amendment. Purchase of Harbor Branch — Access Indemnity Agreement Consider staff recommendation to approve the Access Indemnity Agreement and authorize the Chairman to sign the Agreement. Donation of Right -of -Way — BPSC Industries, LLC — 70 feet on 53rd Street — Resolution No. 10-095 —10 feet on Center Road — Resolution No. 10-096 Consider staff recommendation to approve to accept the Warranty Deeds, authorize the Chairman to sign Resolution No. 10-095 and 10-096 accepting the Warranty Deeds and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Donation of Property — BPSC Industries, LLC Parcel I.D. 2326-421-0001-000-7 — Resolution No. 10-097 Consider staff recommendation to approve to accept the Warranty Deed, authorize the Chairman to sign Resolution No. 10-097 accepting the Warranty Deed and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. SOLID WASTE Leachate Pond Covers Consider staff recommendation to approve of Capital Improvement Project CIP10-025, Budget Amendment No. BA10-012, and authorization for Chairman to execute Work Authorization No. 6 for Camp Dresser McKee, Inc., as prepared by the County Attorney, for engineering services as outlined in the agenda memorandum for a total cost of $63,488. C. SOLID WASTE CONTINUED 2. Amendment to Contract for Household Hazardous Waste Collection and Disposal Consider staff recommendation to approve the first amendment to Contract No. C07-04- 270 with Clean Harbors Environmental Services, Inc. extending the contract through May 31, 2013 and authorization for the Chairman to sign documents as approved by the County Attorney. D. MANAGEMENT AND BUDGET Donation of Surplus Computer to St. Lucie County Nonprofit Agencies Consider staff recommendation to approve authorization to donate surplus computers to various St. Lucie County nonprofit agencies as listed on the attached spreadsheet. 2. Amendment to contract for Garbage Collection and Recycling Services for St. Lucie County Facilities Consider staff recommendation to approve the first amendment to Contract No. C08-05- 231 with All Haul, extending the contract through June 30, 2011, and increasing the contract price due to Solid Waste's increased tipping fees, and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Permission to Advertise a Public Hearing Consider staff recommendation to approve authorization to advertise a public hearing to amend the fiscal year 2009-2010 budget. E. COMMUNITY SERVICES Small Cities Community Development Block Grant (CDBG) Ranking Consider staff recommendation to approve of Applicant Ranking List for the Small Cities CDBG grant. 2. Contract Cancellation Consider staff recommendation to approve to cancel contract C09-06-239 with Carmel Capital and authorization for the Chairman to sign documents as approved by the County Attorney. Contract Cancellation Consider staff recommendation to approve to cancel contract C09-11-586 with Carmel Capital and authorization for the Chairman to sign documents as approved by the County Attorney. 4. Interlocal Agreement with the Cities of Fort Pierce and Port St. Lucie Consider staff recommendation to approve the Interlocal Agreement with the Cities of Fort Pierce and Port St. Lucie; and authorization for the Chairman to sign documents as approved by the County Attorney. PARKS AND RECREATION Intedocal Agreement with St. Lucie County Fire District for Emergency Medical Services (EMS) Consider staff recommendation to approve of the Interlocal Agreement between St. Lucie County and the St. Lucie County Fire District to provide EMS personnel at Tradition Sports Complex as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. Interactive Water Feature at MLK/Dreamland Park Consider staff recommendation to approve to advertise a Request for Proposal for an interactive water feature at MLK/Dreamland Park, approval of Budget Resolution No. 10- 093 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. G. HUMAN RESOURCES Prison Health Services Inmate Health Care Final Invoice, FY 08-09, Late Billing Consider staff recommendation to approve for payment of Prison Health Services invoice number PHS0007293 for period of 10/01 /08 to 09/30/09, in the amount of $12,874.48. H. TRANSPORTATION PLANNING ORGANIZATION Resolution No. 10-091, Budget Amendment Consider staff recommendation to approve of Budget Resolution No. 10-091 in the amount of $84,716. ENVIRONMENTAL RESOURCES Amendment to University of South Florida Contract for a Wetlands Inventory and Evaluation Study Consider staff recommendation to approve of an amendment to the contract with the University of South Florida, as outlined in the attached memorandum, and authorization for the Chairman to sign revised documents as approved by the County Attomey. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 10-013 — Amending Chapter 1-16.2 (Public Property) to establish standards and procedures for sale of Neighborhood Stabilization Program (NSP) properties Consider staff recommendation to adopt Ordinance No. 10-013, as drafted. VIII. ADM INISTRATION/TOURISM Tourist Development Council Capital Grant Funding Allocation Consider staff recommendation for funding allocations to the top three applicants identified by the Tourist Development Council for the 2010 Tourist Development Council Capital Grant. IX. ADDITION TO THE AGENDA COUNTY ATTORNEY Digital Domain Field — Naming Rights Agreement Consider staff recommendation to approve the NamingRights` Agreement and authorize the Chairman to sign the Agreement. X. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees XI. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, March 23 2010 immediately following the 9:00 a.m. Board of County Commissioners meeting in Conference Room #3 The Board of County Commissioners and the City of Fort Pierce will hold a Joint Meeting on Tuesday, March 30, 2009 at 2:00 p.m. at the City of Fort Pierce Commission Chambers. The 19th Annual United Veterans Golf Classic will be held at Fairwinds Golf Course, Ft. Pierce, FL on April 17, 2010. This event is sponsored by St. Lucie County Veteran Services and the United Veterans of St. Lucie County to benefit the St. Lucie County United Veterans Transportation Program. For more information, please call 772-337-5670. The Master Gardener Spring into Gardening Festival will be held on Saturday May 15th 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. The sale will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information. 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 swom 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-lucie.fl.us www.stlucieco.ora €€iliiiIll- i€fi€€iN€i€€€ii€tip '"IIfitNii €€1€€i€i�€� �€ii€€i€€€€iii€, m, i€iilliiuiii€€€€ illIi€1i€€€ IHj11ii€iN. H 0 F1 ii€€U€1111W1€lt€€0 Chris Dzadovsky, Chairman District No. 1 Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 MINUTES Approve the minutes from the March 9, 2010 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 24 and 25. 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 www.co.st-lucie.fl.us www.stlucieco.org Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 I liiilii i{iiit#iiii MINUTES Approve the minutes from the March 9, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 24 and 25. 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 swom 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: March 16, 2010 Convened: 6:00 p.m. Adjourned: 6:50 p.m. Commissioners Present: Chairman, Charles Grande, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Lauri Case, Utilities Director, Don West, Public Works Director, Mike Powley, County Engineer, Beth Ryder, Community Services Director, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the March 2, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held March 2, 2010, and; upon roll call, motion carried unanimously. Approve the minutes from the March 9, 2010 meeting. It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held March 9, 2010, and; upon roll call, motion carded unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 10-084 — proclaiming March 20, 2010 as "Children's Day" and April 4, 2010 as "Parents and Children's Day" in St. Lucie County Consider staff recommendation to approve to adopt Resolution No. 10-084 as drafted. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 10-084, and; upon roll call, motion carried unanimously. Ms. Nancy Archer was present to accept the proclamation. V. GENERAL PUBLIC COMMENT Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the damage being done to the Lagoon by the rusty halls that are visible from the South Bridge. Mr. George King, representing the Special Olympics, addressed the Board and thanked them for their continued support. He addressed the impact the budget constraints could have on the program as well as the ARC program which is supported by the Board. He advised the Board the Special Olympics program had to find another location for their events due to the fact the charge for the facility was too high and they could not afford the cost. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Co. Coward, to approve the Consent Agenda, and; upon roll call, motion carded unanimously. A. WARRANTS Approve warrant list No. 24 The Board approved Warrant List No. 24. B. COMMUNITY SERVICES Amendment to the St. Lucie County Community Development Block Grant (CDBG) Housing Assistance Plan The Board approved Resolution No. 10-089 to amend the St. Lucie County Housing Assistance Plan for the Community Development Block Grant Programs, and authorized the Chairman to sign documents as approved by the County Attorney. 2. St. Lucie County Health Department Vehicle Purchase The Board approved the Health Department to purchase three (3) vehicles and tags at a cost of $46,548; approval of Equipment Request EQ10-023 and Budget Amendment BA10-015; and authorized the Chairman to sign documents as approved by the County Attorney. C. GROWTH MANAGEMENT Hellenic I Subdivision Final Plat. The Board approved the final plat to be known as Hellenic I Subdivision and authorized the Chairman to sign documents as approve by the County Attorney. D. GRANTS/DISASTER RECOVERY DEPARTMENT St. Lucie County Juvenile Drug Court — Grant Application The Board approved submitting a grant application to the Substance Abuse and Mental Health Services Administration for funding of $535,187 for the St. Lucie County Juvenile Drug Court. 2. Health Access Network Delivery Systems (HANDS) Clinic — Grant Application The Board approved submitting a grant application to the Kresge Foundation for $300,000 for assistance with operational costs for the non-profit Health Access Network Delivery Systems (HANDS) medical services clinic. E. PUBLIC WORKS Resolution 10-071 and Agreement with FDOT for maintenance of Traffic Signals. The Board approved Resolution No. 10-071 authorizing the Chairman to sign the Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation (FDOT) for reimbursement for the maintenance and operation of traffic signals of signal systems on the State Highway System at locations listed in Exhibit "A" of the agreement. First Amendment to Contract No. C09-11-602 with Florida Highway Products. The Board approved the First Amendment to Contract No. C09-11-602 with Florida Highway Products and authorized the Chairman to sign the amendment increasing the contract by $300,000 to an amount not to exceed $1,150,000 as approved by the County Attorney. F. PARKS AND RECREATION Permission to advertise Request for Proposal for Concessionaire Services The Board approved to advertise a Request for Proposal for concessionaire services for the St. Lucie County Fairgrounds, the Havert L. Fenn Center and South County Regional Stadium as 6 03/12/10 FZABWARR FUND TITLE 001 001113 001188 001436 001442 001509 001510 001511 001512 001513 001515 101 101002 101003 101004 101006 102 102001 107 107001 107002 107003 107006 107205 107206 140 140001 140135 140335 140351 140354 140355 160 183 183001 183004 183006 184211 184215 189201 216 310002 316 318 396 397 398 401 ST. LUCIE COUNTY - BOARD WARRANT LIST #24- 06-MAR-2010 TO 12-MAR-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran Section 112/MPO/Fhwa/Planning 2007 INTACT Inspired Network to Achieve FCTD Planning Grant Agreement US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program EITC CSBG T&TA Program FDCA EMPA FY10 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance.MSTU 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 Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Airport Fund Port Fund FAA Security Fencing & Runway 9L/27 Parallel Runway Design-9L/27R Install Access Control System Lighting Protection Security Fencing Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP South SLC Beach Restoration DEP Ft Pierce Shore Protection 2012 FHFC Hurricane Housing Recovery Pla County Capital I&S Impact Fees -Parks County Capital County Capital -Transportation Bond Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund 11 EXPENSES 1, 126, 298.18 45,164.00 6, 094.04 2,264.00 203.14 10,832.00 9,250.38 9, 443.08 1, 819.17 910.00 79.26 11,620.42 17, 845.81 4, 803.27 1, 735.81 863.92 17,442.14 31,985.62 6, 541.05 2,384.00 6, 875.66 2, 746.71 3,302.41 819.21 25,161.01 15,121.53 54.16 9, 685.25 . 306.00 95,366.72 4,200.00 203.75 1, 591.19 11,546.02 321.68 247.65 1, 752.15 18,771.82 1, 645.12 217.58 1,202.00 1,480.00 2, 060.00 215,789.78 1, 462.50 731.25 731.25 74,944.87 PAGE 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 03/12/10 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #24- 06-MAR-2010 TO 12-MAR-2010 FUND SUMMARY FUND TITLE 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 461 Sports Complex Fund 471 No County Utility District-Operatin 491 Building Code Fund 505 Health Insurance Fund 611 Tourist Development Trust-Adv Fund 625 Law Library 801 Bank Fund GRAND TOTAL: EXPENSES 6, 796.17 4,719.65 21, 122.36 37,284.44 1, 101.40 49, 894.91 177.26 12,546.60 2,459.98 1, 942, 019.33 PAYROLL 0.00 0.00 0.00 0.00 0.00 1, 633.70 0.00 0.00 0.00 1, 633.70 outlined in the agenda memorandum and authorized the Chairman to sign documents as approved by the County Attorney. G. COURT ADMINISTRATION 19, Bureau of Justice Administration (BJA) Justice/Mental Health Collaboration — Grant Application and Fiscal Agent. The Board approved the 19t' Judicial Circuit Court Administration to submit a Bureau of Justice Administration (BJA) Justice/Mental Health Collaboration grant application in an amount not to exceed $250,000, and for St. Lucie County to serve as the Fiscal Agent. It was moved by Com. Coward, seconded by Com. Dzadovsky to approve staff recommendation, and; upon roll call, motion carried unanimously. VII. PUBLIC HEARINGS A. PUBLIC WORKS South 25t' Street and North Cortez Boulevard Consider staff recommendation to approve authorization to permanently close the intersection of South 25m Street at North Cortez Boulevard, approve Resolution No. 10-058, and authorization for the Chairman to sign the documents as approved by the County Attorney. Com. Dzadovsky requested a tree be planted in the area. The County Engineer stated he believed the contractor would not have a problem with this request. It was moved by Com. Dzadovsky seconded by Com. Lewis, to approve Resolution No. 10-058 to include the conditions as noted, and; upon roll call, motion carried unanimously. Com. Dzadovsky requested the ratification of his appointment to the Environmental Advisory Committee, Mr. Bob Bangert. It was moved by Com. Coward, seconded by Com. Craft to ratify Com. Dzadovsky's appointment, and; upon roll call, motion carried unanimously. Com. Lewis requested the ratification of her appointment to the Affordable Housing Authority, Mr. Kirk Young. It was moved by Com. Craft, seconded by Com. Dzadovsky, to ratify Com. Lewis' appointment, 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 3 ITEM NO. IV - A AGENDA REQUEST DATE: 03/23/10 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel S. McIntyre SUBMITTED BY: County Attorney County Attorney SUB_ Resolution No. 10-076 — Declaring April 1, 2020 as "Census Day" BACKGROUND: The Census has asked that the Board declare April 1, 2010 as Census Day in St. Lucie County. The attached Resolution No. 10-076 has been drafted for that purpose. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ( APPROVED ( ) OTHER N/A N/A Board adoption of the attached Resolution No. 10-076, as drafted by the county attorney. ( ) DENIED Approved 5-0 Coordination/Signatures County Attorney ( ) Daniel S. McIntyre Community Services ( ) Be Ryder CONCURRENCE: Faye W. Outlaw, MPA County Administrator RESOLUTION NO. 10-076 A RESOLUTION PROCLAIMING APRIL 1, 2010 AS "CENSUS DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The U.S. Constitution requires a national census once every ten years. The census will show state population counts and determine representation in the U.S. House of Representatives. 2. Every year, the Federal Government allocates more than $400 billion to states and communities based, in part, on census data. 3. Census data guides planning for new hospitals, roads, job training centers, schools and more. It is also used to determine the need for additional social services, block grants and other programs essential to many communities. Census data illustrates a diverse range of local initiatives from justifying the need for an after -school program to designating urban revitalization areas. 4. The census is a count of everyone residing in the United States. All U.S. residents must be counted - people of all races and ethnic groups, both citizens and non- citizens, and those who speak English and those who do not. 5. Census Day is April 1, 2010 and questionnaire responses should represent the household as it exists on this day. More detailed socioeconomic information will be collected annually from a small percentage of the population through the American Community Survey, which asks much more detailed information. 6. With onlyten questions, the 2010 Census questionnaire is one ofthe shortest questionnaires in history and takes just ten minutes to complete. 7. Census questionnaires will be delivered or mailed to households via U.S. mail in March 2010; many households will receive a replacement questionnaire in early April, if they did not return the first. Census workers will also visit households that do not return questionnaires in an effort to achieve an accurate count. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby designate April 1, 2010 as "Census Day" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to participate by filling out the questionnaire and returning it to the Census Bureau so that every resident of our County is counted in 2010. PASSED AND DULY ADOPTED this 23rd day of March 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) SUBJECT: BACKGROUND: RECOMMENDATION: COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ITEM NO. IV-B DATE: March 23, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: County Attorney Daniel S. McIntyre County Attorney Resolution No. 10-088 - "Guardian ad Litem Day'. Debbie Butler, President, Board of Directors, Guardians for New Futures, has requested thatthis Board proclaim March 23, 2010 as "Guardian ad Litem Day" in St. Lucie County, Florida. The attached Resolution No. 10-088 has been drafted for that purpose. Staff recommends that the Board adopt the attached Resolution No.10-088 as drafted. Review and Approvals [X] County Attorney: Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator RESOLUTION NO. 10-088 A RESOLUTION PROCLAIMING MARCH 23, 2010 AS GUARDIAN AD LITEM DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Guardian ad Litem Program's sole mission is to represent the best interests of abused and neglected children involved in dependency court proceedings. 2. For thirty years, the Guardian ad Litem Program team, consisting of attorneys, professional staff and volunteers, has provided independent advocacy for hundreds of thousands of dependent children located throughout the state. 3. In 2010, the Guardian ad Litem Program achieved a previously unmet milestone by exceeding 7,000 volunteers. 4. For thirty years, Guardian ad Litem volunteers have donated time and mileage worth millions of dollars to the State of Florida. 5. For thirty years, Guardian ad Litem volunteers have provided an invaluable service to Dependency Court Judges. 6. For thirty years, the Guardian ad Litem Program has sought to enhance local communities and the lives of Florida families and children. 7. Many maltreated children in Florida need to have an independent advocate to speak on their behalf. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim March 23, 2010, as "GUARDIAN AD LITEM DAY" in St. Lucie County, Florida. 2. This Board urges all residents of St. Lucie County to continue to give your time to make a difference in the humanitarian fabric of this community. PASSED AND DULY ADOPTED this 23RD day of March 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS 03/19/10 ST. LUCIE COUNTY - BOARD PAGE WARRANT LIST #25- 13-MAR-2010 TO 19-MAR-2010 FZABWARR FUND SUMMARY EXPENSES PAYROLL FUND TITLE 358,519.50 623,515.34 001 001113 General Fund CDBG Supp Disaster Recovery Subgran 41,872.38 3,249.30 48.81 001164 USDOJ Violence Against Women Grant 16,651.36 51.36 748.81 733.95 001176 FTA Section 5303 F/Y06 HUD Shelter Plus Gr 6,154.69 001180 US Dept Housing 112/MPO/Fhwa/Planning 2007 10,636.39 9,399.34 001188 Section & Community 4,336.00 0.76 00 001194 U.S. Dept of Housing INTACT Inspired Network to Achieve 49.70 1,579 0.00 001436 001442 FCTD Planning Grant Agreement 17 21 47 072.75 1,072.75 001509 US Dept of Housing CDBG 09 3,721.47 1,300.50 001510 CSBG FY 2009-2010 1,766.06 1,726.40 001511 001512 ARRA CSBG 2009 Neighborhood Stabilization Program 84,503.61 1,640.48 001513 EITC CSBG T&TA Program 1,535.50 4,011.20 0.00 0.00 001515 001822 FDCA EMPA FY10 Trea. Coast Sea Turtle Friendly Pra 86.37 0.00 101 Transportation Trust Fund 11,995.07 35,911.63 101001 Transportation Trust Interlocals 1,078.01 1,237.60 44,749.23 101002 Transportation Trust/80% Constitut 49,299.20 13,314.37 23,094.38 101003 Transportation Trust/Local Option 20,273.10 17,357.16 101004 Transportation Trust/County Fuel Tx 0.00 101006 Transportation Trust/Impact Fees 69,747.27 102 Unincorporated Services Fund 65,696.59 73,707.04 102001 Drainage Maintenance MSTU 18,829.18 5,427.12 0.00 102809 Paradise Park Phase 2 SFWMD 268.10 0.00 105 Library Special Grants Fund 2,717.00 297,224.84 144,047.97 107 107001 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur 87.14 1,122.83 107002 Fine & Forfeiture Fund-E911 Surchar 16,874.33 1,122.83 107003 Fine & Forfeiture Fund-800 Mhz Oper 234.86 0.00 107006 F&F Fund -Court Related Technology 41,088.67 8,736.95 107205 Juvenile Justice & Delinquency Prev 252.69 2,076.00 107206 FDCF Criminal Justice, Mental Healt 670.35 0.00 130 SLC Public Transit MSTU 157.65 2,176.18 130100 FTA 5307 Capital and Operating assi 750.00 0.00 130209 FCTD TRIP FY 09/10 27,860.54 0.00 140 Airport Fund 19,037.07 18,091.12 140001 Port Fund 148.80 0.00 0.00 140135 FAA Security Fencing & Runway 9L/27 334.40 140335 Parallel Runway Design-9L/27R 17.60 0.00 140361 FDOT - Port of Ft. Pierce Dredging 25,700.00 0.00 150 Impact Fee Collections 109.70 1,523.20 160 Plan Maintenance RAD Fund 9,183.20 3,037.66 183 Ct Administrator-19th Judicial Cir 4,436.10 3,009.49 183001 Ct Administrator-Arbitration/Mediat 220.00 0.00 183004 Ct Admin.- Teen Court 391.81 5,404.72 183006 Guardian Ad Litem Fund 15,391.16 0.00 185010 FHFA SHIP 2008/2009 155.61 6,489.78 03/19/10 FZABWARR FUND TITLE 185011 189100 189101 189201 282 310001 316 316001 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #25- 13-MAR-2010 TO 19-MAR-2010 FUND SUMMARY FHFA SHIP 2009/2010 Home Consortium Home Consortium FY 2008 FHFC Hurricane Housing Recovery Pla Environmental Land I&S Fund Impact Fees -Library County Capital 5th Cent Fuel -Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & 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 Impact Fees Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 179.11 126.08 16,829.94 40,000.00 1,000.00 8,193.23 5, 182.16 150,000.00 182,847.71 23,377.58 2,037.61 48.48 54,770.90 89,242.53 97.22 22,810.05 2, 847. 64 15,509.99 244.89 29,474.77 10,423.43 824.33 276,111.12 2, 181, 252. 47 PAGE 2 PAYROLL 0.00 1, 694 .24 0.00 0.00 0.00 0.00 0.00 0.00 53,533.99 20,372.85 3,540.25 656.20 22,561.68 7, 718.55 1, 316.94 1,481.05 31,762.40 1,186.40 3,288.44 2,001.06 0.00 0.00 0.00 1,192,832.17 'err" Tewsed " AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-1 Date: March 23, 2010 Regular [ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Cortez Village - Fourth Amendment to June 23, 2007 Agreement with Cortez Townhomes, L.L.C., and Gregg R. Wexler, and Second Amendment to Declaration of Covenants BACKGROUND: See C.A. No. 10-0264 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Fourth Amendment to the June 23, 2007 Agreement and the Second Amendment to the Declaration of Covenants, and authorize the Chairman to sign the documents. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing: Daniel S. McInt Originating Dept.: Growth Mgmt: Other Beth Ryder Finance (Check for Copy only, if applicable): INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-0264 DATE: March 1, 2010 SUBJECT: Cortez Village - Fourth Amendment to June 23, 2007 Agreement with Cortez Townhomes, L.L.C., and Gregg R. Wexler BACKGROUND: On June 23, 2007, the County entered into an agreement with Cortez Townhomes, L.L.C., and Gregg R. Wexler which provided for the development of Cortez Village using Hurricane Housing Recovery Plan grant funds. Pursuant to the agreement, the developer was required to designate fifteen (15) units for sale to persons meeting the income guidelines for Very Low Income, Low Income and Moderate Income as determined by the Florida Housing Finance Corporation for St. Lucie County. On March 25, 2008, the Board of County Commissioners approved the First Amendment to the Agreement to extend the time for completion of the project to June 30, 2008. Due to delays in permitted related to roadway improvements, the developer requested and received a Second Amendment to the Agreement to extend the completion date to June 30, 2009. The amendment provided for the County to further extend this date at its discretion subject to the approval of the Florida Housing Finance Corporation which provided the grant funding for the project. The Florida Housing Finance Corporation has since provided an extension through June 30, 2010. On July 7, 2009, the Board approved the Third Amendment to the agreement permit rental as well as sales of the units. The agreement currently provides for issuance of the final grant payment to the developer upon completion of the entire project. Under the terms of the final extension approved by the Florida Housing Finance Corporation, all grant monies must be expended on or before June 30, 2010. In order to insure this deadline is met, a Fourth Amendment has been drafted to provide for final payment upon the issuance of the Certificate of Occupancy for the building which contains the fifteenth restricted unit rather than all of the units within the project. A copy of the proposed Fourth Amendment is attached to this memorandum. As a condition of the Agreement, the developer recorded a Declaration of Covenants which indentified fifteen units to be sold to persons meeting the Very Low, Low or Moderate Income guidelines. On December 29, 2008, the Declaration of Covenants was amended to require that the sale of the specified units to person meeting the income t guidelines occurred during Phase I of the project. The Developer has requested approval to further amend the Declaration of Covenants to revise the list of specified units to reflect those units which will be completed prior to the grant deadline and to also permit the rental of the units to persons meeting the income guidelines. Given the need for affordable rental units in the current housing market, staff is recommending the request be approved. A copy of the proposed Second Amendment to Declaration of Covenants is attached to this memorandum. RECOMMENDATION/CONCLUSION : Staff recommends the Board approve the proposed Fourth Amendment to June 23, 2007 Agreement and the proposed Second Amendment to Declaration of Covenants, and authorize the Chairman to sign the documents. Attachment HY/ Copies to: County Administrator Community Services Director Finance Director Management and Budget Director Housing Manager Respectfully submitted, Heather Young Assistant County Attorney • C07-01-021 FOURTH AMENDMENT TO JUNE 23, 2007 AGREEMENT THIS FOURTH AMENDMENT is made and entered into this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"), CORTEZ TOWNHOMES, L.L.C. ("Cortez"), and GREGG R. WEXLER ("Developer"). WHEREAS, on January 23, 2007, the County, Cortez, and Developer entered into an Agreement whereby the Developer agreed to construct a housing project to be known as "Cortez Townhomes", now known as "Cortez Village", in accordance with the plans and specifications approved by the County on real property located in St. Lucie County, Florida. WHEREAS, on March 25, 2008, the parties entered into a First Amendment to extend the term of the contract through and including June 30, 2008. WHEREAS, on April 7, 2009, the parties entered into a Second Amendment to extend the term of the contract through and including June 30, 2009. WHEREAS, on July 7, 2009, the parties entered into a Third Amendment to extend the term of the contract through and including May 31, 2010, and to provide for the rental of units in addition to the sale of units. WHEREAS, the parties desire to further County desires to amend the Agreement to provide for the final payment to the Developer upon the issuance of the Certificate of Occupancy for the building containing the fifteenth restricted unit rather than all of the buildings within the project. IN CONSIDERATION of the premises and mutual benefits received by each part, the parties mutually agree as follows: 1. SECTION 3, DISBURSEMENT OF GRANT FUNDS, of the Agreement is hereby amended to read as follows: 3. DISBURSEMENT OF GRANT FUNDS The County shall disperse to the Developer a grant in the total amount of two million and 00/100 dollars ($2,000,000.00) from the Hurricane Housing Recovery Plan (HHRP) grant to the County from the Florida Housing Finance Authority pursuant to Chapter 67ER05, Florida Administrative Code, and the St. Lucie County Hurricane Housing Recovery Plan (HHRP) for Fiscal Years 2005/2006, 2006/07 and 2007/2008. The County shall disburse the monies as set forth below: All payments under this Agreement shall be made as per the payment schedule itemized below for the fifteen units subject to the restrictive covenants in Paragraph 5.F. A. The County agrees until such time as the obligations secured by the Mortgage (as defined herein) are satisfied (collectively, the "Obligations"), to cooperate with the Bank (as defined herein) in the disbursement of the funds. JOB PROGRESS % OF PAYMENT AMOUNT Land Acquisition 20% $400,000.00 Land Development 20% $400,000.00 Rough Framing 10% $200,000.00 Roof Dry -in 10% $200,000.00 Sheet Rock 10% $200,000.00 Certificate of Occupancy 30% $600,000.00 B. The County shall disburse to the Developer the Land Acquisition payment referenced above within fifteen (15) days from the date the Developer provides the County with a copy of the recorded restrictive covenants as set forth below in Paragraph 5.F. Following completion of each reimbursable phase as set forth above, the Developer shall submit a written request for the draw payment on a form acceptable to the County. The County shall deliver the draw payment to the Developer within fifteen (15) days of the date of the County's Project Manager approves the draw request. C. The County shall make the final payment to Developer following issuance of the Certificate of Occupancy for the building containing the fifteenth unit subject to the restrictive covenant and delivery to the County of a copy of the recorded amendment to the restrictive covenant as set forth below in Paragraph 5.F, and a Contractor's Affidavit, as required by law, stating all labor, materials and subcontractors have been paid, or if unpaid, Developer shall deliver lien waivers from anyone not paid, or in the alternative, a bond satisfactorily to the County indemnifying it against such lien rights. z • I 2. All other terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Amendment upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: CORTEZ TOWNHOMES, L.L.C. WITNESSES: s:\atty\agreemnt\cortez.4a.doc BY: MANAGING PARTNER GREGG R. WEXLER BY: GREGG R. WEXLER 3 Proiect: Cortez Village SECOND AMENDMENT TO DECLARATION OF COVENANTS THIS SECOND AMENDMENT TO DECLARATION OF COVENANT made and executed this day of , 2010, by CORTEZ TOWNHOMES, L.L.C., a Florida Limited Liability Corporation, owner, hereinafter referred to as "Declarant." WHEREAS, on March 9, 2007, the Declarant recorded a Declaration of Covenants for property known as Cortez Village in Official Record Book 2776, Page 2590, of the public records of St. Lucie County, Florida, hereinafter referred to as "Covenants" for the project known as "Cortez Village"; and, WHEREAS, on December 29, 2008, the Declarant recorded a First Amendment to the Covenants in Official Record Book 3046, Page 1124, of the public records of St. Lucie County, Florida, to amend Exhibit "A" in order to insure the income guidelines were met in Phase I of the project; and, WHEREAS, the Declarant desires to amend the Covenants to further amend Exhibit "A" in order to comply with grant deadlines and permit the rental of the units identified in Exhibit "A" to individuals meeting the income guidelines set forth in the income guidelines for Very Low Income, Low Income or Moderate Income persons as determined by the Florida Housing Finance Corporation guidelines for St. Lucie County, Florida. NOW, THEREFORE, Declarant hereby amends the Covenants as follows: 1. Exhibit "A" is hereby amended as attached hereto and incorporated herein as "Second Amended Exhibit "A". 2. Article II is hereby amended to read as follows: ARTICLE II For a period of thirty (30) years beginning on the date of recordation of the deed from the Declarant to the initial purchaser of a Dwelling Unit,(the "Control Period"), the Dwelling Unit and the improvements thereon and those that may subsequently be made to the Dwelling Units shall be sold or leased only to individuals meeting the income guidelines for Very Low Income, Low Income or Moderate Income persons as determined by the Florida Housing Finance Corporation guidelines for St. Lucie County, Florida. If a Dwelling Unit is sold or leased during the Control Period, the provisions contained in these covenants will be effective for the remainder of the Control Period. During the Control Period, the Declarant, its successors and assigns shall notify the St. Lucie County Community Service Department of a Contract for Sale or Lease Agreement of a 1 Is Dwelling Unit within ten (10) days of the date of the Contract or Lease Agreement in order for the County to verify the prospective buyer or lessee meets the above specified income requirements. The Declarant shall provide the St. Lucie County Community Service Department with a certification of income eligibility for each lessee on or before July 1" of each year. 3. Article III is hereby amended to read as follows: ARTICLE III Purchasers or lessees of a Dwelling Unit must occupy the Dwelling Unit as their primary residence during the Control Period. Purchasers or lessees of a Dwelling Unit are not permitted to lease or rent their Dwelling Unit to other parties during the Control Period. This restriction may be waived by St. Lucie County to allow a temporary rental of a Dwelling Unit for good and sufficient cause. If the restriction is waived, the Dwelling Unit must be rented in accordance with regulations established by the County Administrator, or his designee, and Purchasers must receive prior written permission from the County for such temporary rental of a Dwelling Unit. 4. This amendment shall take effect upon recording in the public records of St. Lucie County, Florida. IN WITNESS WHEREOF, the Declarant and the County have caused this Third Amendment to Declaration of Covenants to be executed in its name and its official seal to be affixed hereto by their proper officials the day and year first above written. ATTEST: SECRETARY CORTEZ TOWNHOMES, L.L.C. By PRESIDENT 2 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_, by GREGG R. WEXLER, Managing Member of Cortez Townhomes, L.L.C. Said person (Check one) is personally known to me, produced a driver's license (issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit Notary Public, State of Typed or Printed Name of Notary Commission No.: My Commission expires: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 3 STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 200, by , Chairman, Board of County Commissioners, St. Lucie County, Florida. Said person (Check one) is personally known to me, produced a driver's license (issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit Notary Public, State of Typed or Printed Name of Notary Commission No.: My Commission expires: !! SECOND AMENDED EXHIBIT "A" The Dwelling Units are identified as follows: UNIT NUMBERS Building 2103, Unit 101 Building 2103, Unit 103 Building 2102, Unit 104 Building 2102, Unit 108 Building 2104, Unit 101 Building 2104, Unit 105 Building 2106, Unit 103 Building 2106, Unit 108 Building 2 109, Unit inn Building 2119, Unit 101 Building 2 109, Unit 108 Building 2106, Unit 102 Building 2119, Unit 103 Building 2119, Unit 104 Building 2119, Unit 105 Building 2107, Unit 103 Building 2106, Unit 104 Building 2107 Unit 105 Building 2106, Unit 105 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B2 DATE: March 23, 2010 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) Lease Agreement - Lease Number 4621 Harbor Branch Preserve BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Please see an attached memorandum N/A N/A Staff recommends that the Board approve the Lease Agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) for the Harbor Branch Preserve, authorize the Chairman to sign the Lease Agreement and direct staff to return to TIITF for further processing. COMMISSION ACTION: �N3 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x] County Attorney: Daniel 5. McIntyre [x] Originating Dept.: JoAnn Riley Finance: (Check for Copy only, if applicable) Eff. 5/96 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals "i/l,� [ ] Environmental: [X] Mosquito Control:'; V Jim David [ ] Road d Bridge: [ ] OMB: 5:\ACQ\WP\JoAnn\Environmental\Harbor Branch Preserve\Lease Agenda Request.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 23, 2010 SUBJECT: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) Lease Agreement - Lease Number 4621 Harbor Branch Preserve BACKGROUND: Attached you will find a Lease Agreement with the Board of Trustees of the Internal Improvement Trust Fund, for the Harbor Branch Preserve project. The term will be for fifty years commencing on execution by all parties unless sooner terminated pursuant to the provisions of the Lease. The Harbor Branch project involves the acquisition of 443 acres by the State of Florida from Harbor Branch. Funding for the acquisition is being provided by: • Florida Forever ($18million) • Florida Communities Trust ($4.7 million) • South Florida Water Management District ($574,600) • St. Lucie County ($1.025 million) The Harbor Branch research facilities and associated operational area of approximately 175 acres will be leased to Florida Atlantic University. All undeveloped lands approximately 268 acres will be conserved and leased to St. Lucie County for conservation management. St. Lucie County Environmental Resources Department will manage the uplands and the Mosquito Control District will manage the wetlands. RECOMMENDATION: Staff recommends that the Board approve the Lease Agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) for the Harbor Branch Preserve, authorize the Chairman to sign the Lease Agreement and direct staff to return to TIITF for further processing. Respectfully submitted, Ann Riley Property Acquisition Manager 5:\ACQ\WP\JoAnn\Environmental\Harbor Branch Preserve\Lease Agenda Memo.wpd HARBOR BRANCH PRESERVE it • Y ' t7 w ,21 J! f - --11, -7-.--11 -., .. • J A K-11F BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT HARBOR BRANCH Lease Number 4621 THIS LEASE AGREEMENT, made and entered into this day of 20_, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR", and ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as "LESSEE." LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 2. DESCRIPTION OF PREMISES: The property subject to this lease, is situated in the County of St. Lucie, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "leased premises". 3. TERM: The term of this lease shall be for a period of fifty (50) years commencing on and ending on unless sooner terminated pursuant to the provisions of this lease. 4. PURPOSE: The LESSEE shall manage the leased premises only for the establishment and operation of the facilities as documented in Exhibit B and to conduct land management and mosquito control on the premises, along with other related uses necessary for the accomplishment of this purpose as designated in the Land Use Plan required by paragraph 8 of this lease. 5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress and access and use of associated drainage areas, utilities and utility corridors necessary or appropriate to provide access, drainage, land management activities, including but not limited to, mosquito control management and restoration activities, and utilities to the leased premises over and across those easements appurtenant to LESSOR's title to the leased premises for the full quiet enjoyment by said LESSEE of the rights conveyed herein; together with reasonable ingress, egress, access and use necessary or appropriate to provide access, drainage, land management activities, including but not limited to, mosquito control management and restoration activities, and utilities for LESSEE's exercise of the rights conveyed herein over those roads, utility corridors and drainage areas currently in existence and used for the benefit of the leased premises over, across and under the real property subject to Lease Number 4620 by and between LESSOR and Florida Atlantic University Board of Trustees dated as of the same date hereof and contiguous with the leased premises (the FAII Premises); subject to reciprocal uses over existing roads, utility corridors and drainage areas on the leased premises necessary or appropriate for Florida Atlantic University's management of the FAII Premises; together with the right to (a) extend a boardwalk from Parcel B over the wetlands on Parcel L that will terminate at the parking area outside the fence at the main entrance to the FAII Premises on Parcel L; (b) have access, ingress and egress through the main gate entrance of the FAII Premises to obtain access to the earthern berm area located on Parcel B, as identified on the survey referenced below, to conduct land management and mosquito control activities and to bring equipment on the premises for these purposes and (c) access and utilize the portion of Parcel L located outside the entrance gate of the FAII Premises for parking of up to ten (10) two axle cars or light trucks for management of and public access to Parcel B; provided, however, that (i) LESSEE shall obtain written approval from the FAII Board of Trustees with respect to the design and location of the boardwalk, with the understanding that minimum dimensions necessary for public use as required by the appropriate permitting authority will be utilized in the boardwalk's design; (ii) all contractors performing work on the FAII Premises shall have general liability and automobile insurance Page 2 of 20 Lease No. 4621 R10/08 of $1,000,000 naming the FAII Board of Trustees as an additional insured, (iii) the parking rights shall be nonexclusive and between the hours of 6 am and 10 pm only (no overnight parking); (iv) LESSEE shall not alter the FAII Premises in any manner without the prior written coordination, consent and permitting by the FAII Board of Trustees; and (v) LESSEE shall assume responsibility for claims and/or damages pertaining to the rights set forth herein. If Harbor Branch Oceanographic Institute Foundation, Inc. reserves and improves an easement over the parking area or FAII desires to relocate the parking area in connection with site improvements and/or modifications to the FAII Premises, then the FAII Board of Trustees and LESSEE will mutually agree on an alternative parking area outside of the controlled access area of the FAII Premises for county and public access to Parcel B. The parcel identifications referred to herein are those referred to in that certain Boundary Survey for Indian River Lagoon Blueways prepared by Houston, Schulke, Bittle & Stoddard, Inc., project #07-026. 6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformance with this lease. 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. 8. LAND USE PLAN: LESSEE shall prepare and submit a Land Use Plan for the leased premises, in accordance with Section 253.034, Florida Statutes. The Land Use Plan shall be submitted to LESSOR for approval through the State of Florida Department of Environmental Protection, Division of State Lands. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of LESSOR until the Land Use Plan is approved. LESSEE shall provide LESSOR with an opportunity to participate in all phases of preparing and developing the Land Use Plan for the leased Page 3 of 20 Lease No. 4621 R10/08 premises. The Land Use Plan shall be submitted to LESSOR in draft form for review and comments within ten months of the effective date of this lease. LESSEE shall give LESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. LESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Land Use Plan required herein has been submitted and approved. Any financial commitments made by LESSEE which are not in compliance with the terms of this lease shall be done at LESSEE'S own risk. The Land Use Plan shall emphasize the original management concept as approved by LESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are to be managed. The approved Land Use Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by LESSEE and LESSOR. LESSEE shall not use or alter the leased premises except as provided for in the approved Land Use Plan without the prior written approval of LESSOR. The Land Use Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Land Use Plan. 9. EASEMENTS: All easements including, but not limited to, utility easements are expressly prohibited without the prior written approval of LESSOR. Any easement not approved in writing by LESSOR shall be void and without legal effect. 10. SUBLEASES: This lease is for the purposes specified herein and subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 11. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right at any and all times Page 4 of 20 Lease No. 4621 R10/08 to inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. 12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures and improvements shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of LESSOR as to purpose, location and design. Further, no trees other than non-native species shall be removed or major land alterations done by LESSEE without the prior written approval of LESSOR. Removable equipment and removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE upon termination of this lease. 13. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the leased premises. The liability insurance coverage shall be in amounts not less than $100,000 per person and $200,000 per incident or occurrence for personal injury, death, and property damage on the leased premises. Such policies of insurance shall name LESSOR, the State of Florida and LESSEE as additional insureds. LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this lease and shall submit annually thereafter, written evidence of maintaining such insurance policies to the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. LESSEE shall purchase all policies of insurance from a financially -responsible insurer duly authorized to do business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Chief Page 5 of 20 Lease No. 4621 R10/08 Financial Officer, State of Florida. The certificate of self- insurance shall provide for casualty and liability coverage. LESSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this lease. 14. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the leased premises or to the improvements thereon, including any and all ad valorem taxes and drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the leased premises. 16. NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by LESSOR. 17. TIME: Time is expressly declared to be of the essence of this lease. Page 6 of 20 Lease No. 4621 R10/08 18. NON-DISCRIMINATION: LESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 19. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having all utilities turned off when the leased premises are surrendered. 20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring and recovering oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein shall be fully compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. 21. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and other records relating to this lease, and LESSOR shall have the right to either audit such records at any reasonable time or require the submittal of an annual independent audit by a Certified Public Accountant during the term of this lease. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. 22. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. LESSEE acknowledges that the following areas Page 7 of 20 Lease No. 4621 R10/08 referred to in the Limited Phase II Environmental Site Assessment dated October 16, 2009, prepared by WRS Infrastructure & Environment, Inc., on the leased premises contain Arsenic above the Florida Department of Environmental Protection's (FDEP) residential (res) Soil Cleanup Target Level (SCTL): * SS-23 - Parcel E - FCT * Zoned as Planned Mixed Use Development * Arsenic above the FDEP residential SCTL_ * SS-10 - Parcel B - FCT * Arsenic above the FDEP residential SCTL LESSEE acknowledges that the leased premises is subject to certain institutional controls related to hazardous substances on the leased premises, which controls consist of restrictive covenants limiting or prohibiting certain uses of portions of the leased premises. LESSEE covenants and agrees to manage the leased premises in accordance with the restrictions and prohibitions applicable to the leased premises. The Land Use Plan, referenced in paragraph 8, shall contain specific information concerning the removal of exotica and any other management activities that will occur in these areas. 23. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 24. NOTICE: All notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: LESSOR: State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration, M. S. 130 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 LESSEE: St. Lucie County, Florida Page 8 of 20 Lease No. 4621 R10/08 2300 Virginia Avenue Fort Pierce, Florida 34982 25. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within sixty days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within sixty days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the leased premises and attorneys, fees or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 26. DAMAGE TO THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises or adjacent properties, or any part thereof. (b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or Page 9 of 20 Lease No. 4621 R10/08 updated from time to time. In the event of LESSEE'S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the leased premises, and (2) all off -site ground and surface waters and lands affected by LESSEE'S failure to comply, as may be necessary to bring the leased premises and affected off -site waters and lands into full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. LESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this lease. This paragraph shall not be construed as a limitation upon the obligations or responsibilities of LESSEE as set forth herein. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by LESSEE'S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state, or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release, or discharge of any contaminant, LESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reporting periods of the applicable governmental agencies. 27. ENVIRONMENTAL AUDIT: At LESSOR'S discretion, LESSEE shall provide LESSOR with a current Phase I environmental site assessment conducted in accordance with the State of Florida Department of Environmental Protection, Division of State Lands' standards prior to termination of this lease, and if necessary a Phase II environmental site assessment. Page 10 of 20 Lease No. 4621 R10/08 28. SURRENDER OF PREMISES: Upon termination or expiration of this lease, LESSEE shall surrender the leased premises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give written notification to LESSOR and the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or all of the leased premises. Notification shall include a legal description, this lease number, and an explanation of the release. The release shall only be valid if approved by LESSOR through the execution of a release of lease instrument with the same formality as this lease. Upon release of all or any part of the leased premises or upon termination or expiration of this lease, all improvements, including both physical structures and modifications to the leased premises shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination or expiration of this lease shall be at LESSORS sole discretion. Prior to surrender of all or any part of the leased premises a representative of the Division of State Lands, State of Florida Department of Environmental Protection shall perform an on -site inspection and the keys to any building on the leased premises shall be turned over to the State of Florida Department of Environmental Protection, Division of State Lands. If the improvements do not meet all conditions as set forth in paragraphs 19 and 35 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 29. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR or other land managing agencies for the protection and enhancement of the leased premises. Page 11 of 20 Lease No. 4621 R10/08 30. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. 31. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 32. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties, obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. The Land Use Plan prepared pursuant to Chapter 18-2, Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the leased premises. 33. SOVEREIGNTY SUBMERGED LANDS: This lease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 34. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR. 35. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, removing all trash or litter, Page 12 of 20 Lease No. 4621 Rio/08 maintaining all planned improvements as set forth in the approved Land Use Plan, and meeting all building and safety codes. LESSEE shall maintain any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease. 36. GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the State of Florida. 37. SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. 38. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative fee of $300 pursuant to subsection 18-2.020(8), Florida Administrative Code. The initial annual administrative fee shall be payable within thirty days from the date of execution of this lease agreement and shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution. For purposes of this lease agreement, the fiscal year shall be the period extending from July 1 to June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. 39. SPECIAL CONDITIONS: The following special conditions shall apply to this lease: Please see Exhibit "B" attached hereto and made a part hereof. The provisions of Exhibit "B" are in addition to and not in substitution of the provisions of this Lease. IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. Witness Print/Type Name Witness Print/Type Name Page 13 of 20 Lease No. 4621 Rio/08 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By; (SEAL) GLORIA C. BARBER, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20_, by Gloria C. Barber, as Operations and Management Consultant Manager, Bureau of Public -Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney ST. LUCIE COUNTY, FLORIDA by its Board of County Commissioners By: Witness Charles Grande, Chairman Print/Type Name Witness Print/Type Name (OFFICIAL SEAL) ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of St. Lucie County "LESSEE" Page 14 of 20 Lease No. 4621 R10/08 STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this 23rd day of March, 2010, by Charles Grande and , as Chairman and respectively, on behalf of the Board of County Commissioners of St. Lucie County, Florida. They are personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: FCT ACKNOWLEDGEMENT OF LEASE Reviewed and Approved by: Ken Reecy, Community Program Manager Florida Community Trust Page 15 of 20 Lease No. 4621 R10/08 EXHIBIT "A" LEGAL DESCRIPTION OF THE LEASED PREMISES Page 16 of 20 Lease No. 4621 R10/08 EXHIBIT "B" FLORIDA COMMUNITIES TRUST SPECIAL CONDITIONS Partial funding was received from Florida Communities Trust ("FCT") to acquire the leased premises as a result of which the leased premises are subject to certain limitations provided in the FCT Grant Contract. As part and condition of the FCT funding, the LESSEE provided and FCT approved a Management Plan for the project site the terms of which are hereby incorporated herein by reference. LESSEE intends that the conservation and recreation values of the leased premises be preserved and enhanced in accordance with the Management Plan and the Land Use Plan, as it may be amended from time to time only after review and approval by FCT. All activities by the LESSEE shall be consistent with the Management Plan and the Land Use Plan. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of FCT. Any assignment made either in whole or in part without the prior written consent of FCT shall be void and without legal effect. EASEMENTS: All easements, including but not limited to, utility easements, flowage easements and access easements, are expressly prohibited without the prior written approval of FCT. Any easement not approved in writing by FCT shall be void and without legal effect. Any relocation of the existing utility lines or access roads shall require the written approval of FCT, which such approval shall not be unreasonably withheld. SUBLEASES: Subleases of any nature are prohibited, without the prior written approval of FCT. Any sublease not approved in writing by FCT shall be void and without legal effect. IMPROVEMENTS: All buildings, structures and improvements shall be constructed at the expense of LESSEE and shall require the prior written approval of FCT as to purpose, location and design. Further, no trees other than non-native species shall be removed or major land alterations done by LESSEE without the prior written approval of FCT. Page 17 of 20 Lease No. 4621 R10/08 INSPECTION: FCT or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease and the FCT approved management plan. NO WAIVER OF BREACH: The failure of FCT to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of FCT of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by FCT. NOTICE: All notice given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. FCT hereby designates their address as follows: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 MODIFICATION OF SPECIAL CONDITIONS: Either LESSEE or FCT may request modification at any time to the provisions of the special conditions contained herein. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by LESSEE and FCT. FLORIDA COMMUNITIES TRUST SPECIAL CONDITIONS: The Management Plan shall address the following conditions that are particular to the leased premises and result from either representations made in the FCT application that received scoring points or observations made by the FCT staff during the site visit: (a) The following recreational facilities including a fishing pier, picnic pavilion, wildlife observation platform, a nature trail of at Page 18 of 20 Lease No. 4621 R10/08 least 'A mile length and canoe launch shall be provided. The facilities shall be developed in a manner that allows the general Public reasonable access for observation and appreciation of the natural resources on the project site without causing harm to those resources. (b) A permanent recognition sign, at a minimum size of 3' x 4', shall be maintained at the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and St. Lucie County. (c) Interpretive kiosks shall be provided on the project site to educate visitors about the area's natural resources. (d) The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long-term viability of these communities. (e) The project site shall be managed in a manner that protects and enhances the listed and non -listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. (f) The development and management of the project site shall be coordinated with agencies managing multi -jurisdictional recreational trails St. Lucie County to ensure the project site is managed as part of a linked land -based trail system. (g) The project site shall be protected and managed as part of an ecological corridor within the County's designated Indrio Greenway. (h) An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. Page 19 of 20 Lease No. 4621 R10/08 (i) A feral animal removal program shall be developed and implemented for the project site. (j) LESSEE shall prepare and submit to FCT annual stewardship reports that document the progress made on implementing the Management Plan. AREAS OF SOIL CONTAMINATION: LESSEE acknowledges that the following areas referred to in the Limited Phase II Environmental Site Assessment dated October 16, 2009, prepared by WRS Infrastructure & Environment, Inc., on the leased premises contain Arsenic above the Florida Department of Environmental Protection's Soil Cleanup Target Level (SCTL): * SS-23 - Parcel E - FCT * Zoned as Planned Mixed Use Development * Arsenic above the FDEP residential SCTL * SS-10 - Parcel B - FCT * Arsenic above the FDEP residential SCTL The Land Use Plan, referenced in paragraph 8, shall contain specific information concerning the removal of exotic species and any other management activities that will occur in these areas. Page 20 of 20 Lease No. 4621 R10/08 AGENDA REQUEST C�nT tDA F 7 " TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM VI-13-3 DATE: March 23, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUB_ Amendment to Agreement with Department of Corrections on Inmate Labor for Parks Division BACKGROUND: See CA10-319 FUNDS AVAILABLE: Parks 001-7210-534000-700 PREVIOUS ACTION: On April 7, 2009, the Board approved the original contract with the Department of Corrections for inmate labor. RECOMMENDATION CONCLUSION: Staff recommends the Board approve the Amendment and allow the Chairman to sign. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator k Review and ADDrovals [X] County Attorney• [ ]Management & Budget: [ ]Purchasing: [ ]Road &Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr - ]Finance: (check for copy only, if applicable) INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 10-0319 DATE: March 23, 2010 SUBJECT: Amendment of Agreement with Department of Corrections on Inmate Labor for Parks Division BACKGROUND: Attached is the proposed Amendment to our Agreement with the Department of Corrections for the County's use of inmate labor for the Parks Division. The Amendment extends the Agreement for another year at the same rate of $56,467 for the year. Funds are budgeted in the Parks Division operating budget for these services. RECOMMENDATION/CONCLUSION Staff recommends the Board approve the Amendment of the Agreement with DOC and allow the Chairman to sign. Respectfully submitted, Heather Sperraz ek Assistant County torne CONTRACT # WS507 Amendment # 1 CONTRACT AMENDMENT BETWEEN THE DEPARTMENT OF CORRECTIONS ME ST. LUCIE COUNTY, BOARD OF COUNTY CONMSSIONERS This is an Amendment to the Contract between the Florida Department of Corrections ("Department") and St. Lucie County, Board of Commissioners ("Agency") to provide for the use of inmate labor in work programs. This Amendment: • renews the Contract for one (1) year pursuant to Section I., B., Contract Renewal: • revises the end date of the Contract referenced in Section I., A., Contract Term; and • replaces Addendum A with Revised Addendum A, effective June 30, 2010. Original contract period: June 30, 2009 through June 29, 2010 In accordance with Section V., CONTRACT MODIFICATIONS, the following changes are hereby made: 1. Section I., A., Contract Term, is hereby revised to read: A. This Contract began June 30, 2009 and shall end at midnight on June 29, 2011. This Contract is in its final renewal year. 2. Pursuant to Section III., Compensation, A., 5, the rate of compensation is amended to reflect the rates indicated in Revised Addendum A. Addendum A is hereby replaced with Revised Addendum A, effective June 30, 2010. All other terms and conditions of the original Contract remain in full force and effect. This Amendment shall begin on the date on which it is signed by both parties. BALANCE OF PAGE INTENTIONALLY LEFT BLANK Page 1 of 5 CONTRACT # WS507 Amendment # IN WITNESS THEREOF, the parties hereto have caused this Amendment to be undersigned officials as duly authorized. executed by their AGENCY: ST. LUCIE COUNTY, BOARD OF COUNTY COMAMISSIONERS SIGNED BY: NAME: TITLE: DATE: FEID #: DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution. SIGNED SIGNED BY: BY: 2 NAME: Richard D. 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C a) L w a-vc- crE c„'Z as c O N E Xo °> a) o c oEcoc nE� OZ -0 0 u°)-0oa)m> s c��aUEOEm,e- O as m �- U ° a) a) a3 U a C d 3 U T O ° a) N v a`a) c`—)c�°� ��°?'�m.0 0 �Eoco� cr_� L-a°w7 OU ? 6. CL a) w wmao) NC ° pO QTop a -T°U O w CoaocU000 )a)E c o°a p m ° Ew� ° °) a) cE M nCL m vUm�ooa) c _ 0 0 R a► C �� n a0•n-0N 3 U o°mo� a) a) U O C - to E U L -� O m N 3 U cn CC w � 7 y m .. N O CD a)3 = a) 0 C r 3 Y E? 'O '6 3 C 3 uCL 0i = V 'C L a) CL U w- N . O O N ° 03E co 0m0�m c ° 00ra)n =3 aa)) � c C U 3� o U co 0— Ewa) rn L ca U N O` m N 0 cc o 0 0 E o Q p c Elm E aw �3 0 °wmaw'a) c°) a)> ° 3 o E c0 m tB a) U) ? �' 3 a c �� O U C C L C w C E` L C C L� a) — O -0 O a) u) y cn y cn N Q 3 Q o a) o E 4= c ca c° c F a) E c rn E is a) 70 N ns E 3 U) - p a) O a3 c o — E w C .� 0 m 0-fl.m w } a C..a).. N CL O N"OQ c fL C 0 O O cn a> c c Z 0 � a' ti 0 0 E aa) cr°-0� L W c E UM U U U) H •N N V- O U f- U —` O m a) Z r`- O H ' C = p O O O y d d d a) v N m Cl)U) co N 0 C O U a) N a) U) C O U (1) U c a) U LO o c -a a) U) t m C a) U d m � m W o N 4) L .O U as a �' co O T -0 °? o m c`o a U a) ns c _0 0 (1) U m w () � a) CD m m o y U) CD m c _ N U) C 0 _C N o O cc CD a) >' H Q •o > _ > N O O U U N U) W- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-4 DATE: March 23, 2010 REGULAR[] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Treasure Coast Sports Commission, Inc. - Fifth Amendment to February 13, 2001 Facilities Use Agreement for Office Space at Tradition Field BACKGROUND: See CA No. 10-0294 PREVIOUS ACTION: RECOMMENDATION hat the Board of County Commissioners approve CONCLUSION: Staff recommends t the proposed Fifth Amendment to the February 13, 2001 Facilities Use Agreement with Treasure Coast Sports Commission, Inc. and authorize the Chairman to sign the amendment. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED r [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [x Parks & Recreation Director Debra Brisson Daniel S. McIntyre .V TO: FROM: C.A. NO: DATE: SUBJECT: BACKGROUND: INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA Board of County Commissioners Heather Young, Assistant County Attorney 09-0517 March 23, 2010 Treasure Coast Sports Commission, Inc. - Fifth Amendment to February 13, 2001 Facilities Use Agreement for Office Space at Tradition Field On February 13, 2001, the County entered into a Facilities Use Agreement with Treasure Coast Sports Commission, Inc. for the use of office space, office equipment and telephone service at Tradition Field. Attached to this memorandum is a copy of a proposed Fifth Amendment to the Facilities Use Agreement which extends the term through and including March 31, 2012 and permits the County, at its option, to provide an alternative and comparable office space upon ninety (90) days prior written notice. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Fifth Amendment to the February 13, 2001 Facilities Use Agreement with Treasure Coast Sports Commission, Inc. and authorize the Chairman to sign the amendment. HY/cb Attachment Respectfully submitted, _ Heather Young Assistant County Attorney FIFTH AMENDMENT TO FEBRUARY 13, 2001 FACILITIES USE AGREEMENT THIS FOURTH AMENDMENT made and entered into on this day of 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and TREASURE COAST SPORTS COMMISSION, INC., a Florida not for profit corporation, hereinafter referred to as the "Sports Commission." WITNESSETH: WHEREAS, on February 13, 2001, the County and the Sports Commission entered into a Facilities Use Agreement (the "Agreement") wherein the County agreed to permit the Sports Commission to use office space, certain office equipment, and telephone service at the Thomas J. White Stadium (the "Facility") as an in -kind contribution to the Sports Commission in light of the economic benefits which will be generated for the residents of the County from the Sports Commission's efforts to promote sporting events on the Treasure Coast; and, WHEREAS, on February 5, 2003, the parties entered into a First Amendment to the Agreement to retroactively extend the term of the Agreement through and including March 31, 2004; and, WHEREAS, on December 14, 2004, the parties entered into a Second Amendment to the Agreement to retroactively extend the term of the Agreement through and including March 31, 2006; and, WHEREAS, on September 12, 2007, the parties entered into a Third Amendment to retroactively extend the term through and including March 31, 2008; and, WHEREAS, on September 8, 2009, the parties entered into a Fourth Amendment to retroactively extend the term through and including March 31, 2010; and WHEREAS, the parties desire to extend the term of the Agreement through and including March 31, 2012, and permit the County, at its option, to provide an alternative and comparable office space to the Sports Commission upon ninety (90) days prior written notice. THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree to amend the February 13, 2001 Facilities Use Agreement as follows: Paragraph 1. SITE is hereby amended to read as follows: SITE The parties acknowledge and agree that the Facility is located at 527 N.W. Peacock Boulevard. The Sports Commission shall be entitled to the use of an office containing approximately 250 square feet, hereinafter referred to as the "Premises", including utilities for such space, and the following equipment: filing cabinet, telephone with two lines, and a computer. The 5: \A TTY\AGREEMNT\FAC-USE\TCSC-5A.wpd -1 equipment shall remain the property of the County. At its option and depending on the availability of space, the County may permit the Sports Commission to use two offices, a storage room and a conference room at the South County Annex located at 250 N.W. Country Club Drive, Port St. Lucie, Florida, in lieu of the Premises. At it's option, the County may provide an alternative and comparable office space to the Sports Commission upon ninety (90) days prior written notice. 2. Paragraph 3. TERM is hereby amended to read as follows: 3. TERM The term of this Agreement shall be for the period beginning April 1, 2001 through and including March 31, 2012, unless otherwise terminated as provided herein. The term of this Agreement may be renewed upon mutual agreement of the parties upon the same terms and conditions. 3. Except as amended herein, the remaining terms and conditions of the February 13, 2001 Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to the February 13, 2001 Facilities Use Agreement, as previously amended, on the day of 2010. ATTEST: Deputy Clerk ATTEST: Secretary "\ATTY\AGREEMNT\FAC-USE\TCSC-SA.wpd -2- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney TREASURE COAST SPORTS COMMISSION, INC. BY: President (SEAL) or AGENDA RE 0 UEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-5 DATE: March 23, 2010 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney SUB_ Purchase of Harbor Branch - Access Indemnity Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Access Indemnity Agreement and authorize the chairman to sign the Agreement. COMMISSION ACTION [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator ;- Review and Approvals County Attorney: Management & Budget Purchasing: _ Daniel S. McIntyre Public Works Dir; County Eng.: Originating Dept. Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Purchase of Harbor Branch - Access Indemnity Agreement FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-0321 DATE: March 11, 2010 SUBJECT: Purchase of Harbor Branch - Access Indemnity Agreement BACKGROUND: The Harbor Branch project involves the acquisition of 443 acres by the State of Florida from Harbor Branch. Funding for the acquisition is being provided by: - Florida Forever ($18 million) - Florida Communities Trust ($4.7 million) - South Florida Water Management District ($574,600) - St. Lucie County ($1.025 million) The Harbor Branch research facilities and associated operational area of approximately 175 acres will be leased to Florida Atlantic University. All undeveloped lands of 268 acres will be leased to the County for conservation management. A map depicting the location of the acquisition is attached. As part of the acquisition, the State requested that the County and Harbor Branch approve and sign an Access Indemnity Agreement, a copy of which is attached to this memorandum. Under the terms of this Agreement, if for some reason in the future the State was unable to obtain access to its project, the County would, at Harbor Branch's expense, acquire the right-of-way needed for access by donation, purchase or eminent domain. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve the Access Indemnity Agreement and authorize the Chairman to sign the Agreement. Daniel 5. McInty County Attorn DSM/caf Attachments • Access Indemnity Agreement WHEREAS, Harbor Branch Oceanographic Institution Foundation, Inc., whose address is 5600 North U.S. Highway 1, Fort Pierce, FL 34946, as "Seller", and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Trustees"), whose address is 3900 Commonwealth Blvd., Mail Station 115, Tallahassee, FL 32399-3000, entered into an Option Agreement for Sale and Purchase of the property described in said Option Agreement, which was approved by Purchaser on May 27, 2009; and WHEREAS, Harbor Branch Oceanographic Institution Foundation, Inc., whose address is 5600 North U.S. Highway 1, Fort Pierce, FL 34946, as "Seller", andFlorida 32399 and tits Trust, whose address is 2555 Shumard Oak Boulevard, Tallahassee, Florida Lucie County, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, collectively as "Purchaser" entered into an Option Agreement for Sale and Communitiese of 1Trpust on Junedescribed 10, 2009, the acquiredtion A title to which which will was approved by Florida vest in the Trustees; and WHEREAS, the property described in the Option Agreement approved by the Trustees on ru May 27, 2009, and the property described in the Option Agreement approved by Florida Communities Trust on June 10, 2009, is hereinafter referred to collectively as the Property; and WHEREAS, the mattters, thattion Agreements the Property beSale acc accessed Purchase pubabove-described public roads ror valid, recorded eachprovide, 1 o d ed, among other , easements that benefit the property; and s instead suant to the WHEREAS, despite tcro crossings efforts to license agreement dated June 1, 1966 bysuch access, access iand betweenrFlorida East terms of a railroadg Coast Railway Company and St. Lucie County; and WHEREAS, on February 24, 2010, Trustees agreed to accept access to the Property pursuant to the terms of the railroad license agreement provided Seller indemnify Trustees from any loss of such access; NOW, THEREFORE, Seller, for good and valuable consideration the receipt of which is hereby acknowledged does indemnify and save harmless and defend the Trustees, its officers, servants, agents, lessees and employees (the "Indemnified Parties"), from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of whatsoever kind arising from any adverse claim that the Property does not have either legal, insurable access or access pursuant to the railroad license agreement above referred to. Seller shall save the Indemnified Parties harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. Seller shall prosecute, at Seller's sole cost and expense, subject to approval of strategy and choice of attorney by Trustees, any legal action, claim or proceeding necessary or appropriate to retain access, or if such access is lost, to obtain access to the Property by public roads or valid, recorded easements that benefit the Property, or shall otherwise undertake all necessary or appropriate actions to restore access by public road or valid, recorded easement to benefit the APPROVED FOR CLOSING 1 MAR 8 2010 BY. SANDRA STOCKWELL (DEP ATTORNEY) • Property, including but not limited to duly permitted and approved construction of alternate access. In the event the Seller, after taking all necessary or appropriate actions, is unable to restore or obtain public access to the Property, St. Lucie County agrees, at the Seller's cost and expense, to attempt to acquire public access to the Property by donation, purchase or eminent domain. In the event St. Lucie County is unsuccessful in such effort, the Division of State Lands agrees to then recommend to the Trustees the exercise of eminent domain to the extent such action is within the authority of the Trustees, to obtain access. If the Trustees agree to pursue eminent domain, such shall be at Seller's cost and expense. In the event Seller is unsuccessful, after due diligence, in obtaining access to the Property by public road or valid, recorded easement henefitting the Property as aforesaid, then Seller shall pay over to Trustees as diminution in value of the Property due to lack of access the sum of $3,500.000. DONE AND AGREED this day of March, 2010. 5nntu1jes begin on fu)►o�ving p-age SELLER: HARBOR BRANCH OCEANOGRAPHIC INSTITUTION FOUNDATION, INC., formerly known as HARBOR BR�ANFtorida Eno OGRAPHIC INSTITUTION, INC., corporation By: ign tune of Firs + ness James L. Seitz, as C iairinan/ sident Printed, Typed or Stamped Name of First Witness (CORPORATE SEAL) Signature of Secon" — itness S I I I q�,,. � i� t 1 J�1--�' Printed, Typed or Stamped Name of Second Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me James L. Seitz, as Chairman/President of the of Institution Foundation, Inc., formerly known as Institution, Inc., a Florida not for profit corporation, person (notary Public must check applicable box); ........,:.�.� JE3�'rAA LUI6LEY Canto DMWI E*=1W3W2t110 FbWa hahnAswt. kv w ....,.+..,...u...wau. u.... .n.... r..r... a this 4�, day of March, 2010, by Harbor Branch Oceanographic Harbor Branch Oceanographic on behalf of the corporation. Such is personally known to me ( ) produced a current driver's license ( ) produced m�)r as identification (NOTARY PUBLIC SEAL) Jessica A. Lumley U Printed Name of Notar-y Public Commission No.: DD0610271 My Commission Expires: 10/30/2010 4 ST LUCIE COUNTY: By: Signature of First Witness Date: Printed, Typed or Stamped Name of First Witness Signature of Second Witness , as its Approved As to Form And Printed, Typed or Stamped Legal Sufficiency: Name of Second Witness By: STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of March, 2010, by as St. Lucie County, Florida. Such person (notary Public must check applicable box): ( ) is personally known to me ( ) produced a current driver's license O produced as identification (NOTARY PUBLIC SEAL) I: Notary Public ---- (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: TRUSTEES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA BY: DIVISION OF STATE LANDS OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Signature of First Witness a rah p , as its Director �j✓�%err• C_ 1C �h/OV �vn�_ :i^. Date:-,,%� - Printed, Typed or Stamped Name of First Witness / �Yl ' 11,A& I Siena ure of Second Witness Printed, Typed or Stamped Name of Second Witness STATE OF FLORIDA COUNTY OF LEON Approved As to Form And Legal Sufficiency: The foregoing instrument was acknowledged before me this 104'Nay of March, 2010, by Deborah Poppell as Director of the Division of State Lands, Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Such person (notary Public must check applicable box): � (") is personally known to me () produced a current driver's license (} produced as identification (NOTARY PUBLIC SEAL) (Printed, Typed or Stamped Name of Notary Public) Commission No.: 0 0(p 22�5 3 My Commission Expires: I /11 P Notary Public State of Florida ,Q 'Yc�ti229 MY pp53 a n• —cxn�res 0110312011 Z AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B6 DATE: March 23, 2010 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Donation of Right -of -Way BPSC Industries, LLC 70 feet on 53rd Street - Resolution No. 10-095 10 feet on Center Road - Resolution No. 10-096 BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: January 5, 2010 - Board of County Commissioners approved Resolution No. 10-008 granting Major Site Plan approval for the project known as BPSC. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deeds, authorize the Chairman to sign Resolution No. 10-095 and 10-096 accepting the Warranty Deeds and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: p4 APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] County Attorney: 01-L Daniel 5. McIntyre [x] Originating Dept: /1--4'— JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Road and Bridge. Don Pauley [x] Engineering: M V° P Mike Powley 5:\ACQ\WP\Right of Way Donations\BPSC Industries, LLC\Agenda Request.wpd [x] Public Works: Don est [ ] Environmental: { ✓I 40~-Vvl lei 41 s PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 23, 2010 SUBJECT: Donation of Right -of -Way BPSC Industries, LLC 70 feet on 53rd Street - Resolution No. 10-095 10 feet on Center Road - Resolution No. 10-096 BACKGROUND: On January 5, 2010, the Board of County Commissioners approved Resolution No.10-008 granting Major Site Plan approval for the project known as BPSC. Condition Number 2 required BPSC Industries, LLC convey 70' of right-of-way for 53rd Street and 10' along Center Road to St. Lucie County. We have attached the Warranty Deeds executed by BP5C Industries, LLC for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deeds, authorize the Chairman to sign Resolution No. 10-095 and 10-096 accepting the Warranty Deeds and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Jo nn Riley Property Acquisition Manager 5AACQ\WP\Ri9ht of Way Donations\BPSC Industries, LLC\Agenda Memo.wpd BPSC Industries, LLCM, 0.03 0o5 012 0IF 144 6 TAILWIND DR - - - �MX�RaXRET-ANNTN p I z a i 2 ST L-UCIE-BL•VDI W z V 0 z --- W Y 10' on Center Road Subjects M Lo 'O �o YVONNE DR IF - -- - �-'----��----------- y MATANZAS;AVE 7— z --- - 2 N - -- _ - - AVE v a AVIEND"A N z - -- - - z z - ---- - JUANITA'A -1 DISCLvIMEp.of Sl. Lucie Cc n' makes no warranty, representation or guaranty as IO the come n_ senuence. accuracy. hm stress. recompleteness of any o the geodata Iti �� i - The . der .h ouid not rely on the data provided herein for any reason St Lice County — citly disclaims o ly representations and waror roa rclud l3, thou 1 n tat �r. the mpi�ed ,� rar hey )f r-rdhanlabilhy and inness for a particular purpose. Sl. LUGe Cps nt} Shall aSau Te no liability for 1. Any eRors. on1i55i0n5 or naCCu raC 1 In, - ntorrnaunn provided n=gartlless of now caused, or 2. Any decision matle or achon taken or not taken by any person n renance upon any ltormat on nr ala tumishetl h .r«unoc- ,COUNTY Or F L O R I D A {Attorney $ Arr•,;.�..t — — ' 7 . Zr It Jo it r 1 I 1, - s "% •' , + , •f .� N po +� e dl,1 t Preynred by and tatu n to: Joseph D. Grosso, Jr. Joseph D. Grosso, Jr., P.A. 614 SE Central Parkway Stmtrt, FL 34994 772-220-3496 FOP No.: 0-242a [space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this day of March, 2010 between BPSC Industries, LLC, a Florida limited liability company whose post office address is 3180 Fairlane Farms Road, Suite 1, West Palm Beach, FL 33414 grantor, and St. Lucie County, a political subdivision of the State of Florida whose post office address is 2300 Virginia Avenue, Fort Pierce, FL 34982 grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) WITNESSETH, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Saint Lucie County Florida to -wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. SUBJECT TO restrictions, reservations, covenants, conditions, limitations, and easements ofrecord; taxes for the year 2010 and the years subsequent thereto; and all applicable laws, ordinances, and governmental regulations, including, without limitation, zoning and building codes and ordinances. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2009. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: �0 Borrico, Manager limited liability company State of Florida County of Martin �' The foregoing instrument was acknowledged before me this ! day of March, 2010 by Patrick Borrico, Manager of BPSC Industries, LLC, a Florida limited liability company, on behalf of the company. He [--] is personally known to me or (j has produced a driver's license as identification. [Notary Seaq IMT1,I.F.7 -j`usN1rt3TAII.}�GrOSSD r. re n Ccn;niiss'ton ,11i 685824 Expires: JUI.t 3J, 2011 Printed Name: uQ-,ITD TrrRq firLrUv",cco.,'':c• My Commission Expires: SHEET t OF 2 i POINT OF COMMENCEMENT NORTH RIGHT-OF-WAY LINE OF I N.W. CORNER OF S.W. 1/4 I CENTER ROAD (53RD STREET) 1 OF N.E. 1/4 OF SECTION 31, TOWNSHIP 34 S. RANGE 40 E. f CENTER ROAD (53RD STREET) �3 50' RIGHT—OF—WAY ctDv o I IQd �to 3 _ _ N.88'56'090W. 1332.03 SOUTH RIGHT—OF—WAY UNE OF CENTER ROAD (53RD STREET) I o 1 N.88'56'09'W. vi 70.0' I POINT OF z BEGINNING O f� n ri r- S.88*5 38"E. 70.0' NOTES: 1. NOT VALID WITHOUT SHEET 2 IU W 1n I� r IaJ Z I U_ IO W t0 t` H � W 3 SECTION 31, TOWNSHIP 34 S., RANGE 40 E. NORTH RIGHT-OF-WAY LINE OF F.P.F.WM.D. CANAL NO. 1 Legal Description and Sketch This is Not O Survey SEE SHEET 2 OF 2 Not Valid without the the signature and original i'af-v-Ronda-L! aed' r-and Mapper ACCURIGHT LAND SURVEYING, INC. SURVEYORS DESIGNERS LAND PLANNERS CONSULTANTS Uceneed Business Number 6607 1501 DECKER AVENUE, SUITE 41" OFFICE PHONE CMPJ38.7894 STUART, FLORIDA 34M FAX (MA20J993 Reg seR. tration NumbProfessional r 4591 — state of FlPori�da JOB No.: 3000-12—LECALI I REVISIONS: DATE: 01/20/2010 DRANK BY: E.R.S. CHECKED BY: ERS. SCALE. NOT TO SCALE SHEET 2 OF 2 LEGAL DESCRIPTION 70' ROAD RIGHT-OF-WAY DEDICATION LEGAL DESCRIPTION BEING KNOWN AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTH ONE-HALF OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF COMMENCEMENT START AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF THE HEREINBEFORE DESCRIBED SECTION 31; SAID POINT OF COMMENCEMENT ALSO BEING A POINT OF THE NORTH RIGHT-OF-WAY LINE OF CENTER ROAD ( 53RD STREET) THENCE RUN SOUTH 01'02'26" WEST A DISTANCE OF 50.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID CENTER ROAD, THENCE RUN NORTH 88'56'09" WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 1332.03 FEET TO THE POINT OF INTERSECTION WITH THE WEST UNE OF THE SOUTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 31; THENCE RUN SOUTH 01'02'10" WEST ALONG SAID WEST UNE A DISTANCE OF 10.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 01'02'10" WEST A DISTANCE OF 1147.77 FEET TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY UNE OF FORT PIERCE FARMS CONTROL DISTRICT CANAL NO.1; THENCE RUN SOUTH 88'56'38" EAST ALONG SAID NORTH RIGHT-OF-WAY UNE A DISTANCE OF 70.00 FEET TO A POINT; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE RUN NORTH 01002'10" EAST ALONG A UNE LYING 70.00 FEET EAST OF AND PARALLEL WITH SAID WEST UNE OF THE SOUTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 31 A DISTANCE OF 1147.76 FEET TO THE POINT OF INTERSECTION WITH A UNE LYING 10.00 SOUTH OF AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY UNE OF SAID CENTER ROAD; THENCE RUN NORTH 8956'09" WEST ALONG SAID PARALLEL UNE A DISTANCE OF 70.00 FEET TO THE POINT AND PLACE OF BEGINNING. PARCEL CONTAINING 80,343.55 SQUARE FEET MORE OR LESS. NOTES: 1. NOT VALID WITHOUT SHEET 1 ACCURIGHT LAND SURVEYING, INC. SURVEYORS DESIGNERS LAND PLANNERS CONSULTANTS Ucenssd Business Number 6607 1501 DECKER AVENUE, SURE 41" ONCE PHONE V72P&7M4 STUART, FLORMA 3404 FAX M2)220'79M SEE SHEET 1 OF 2 JOB No.:3000-12—LEGAL11 REVISIONS: DATE 01/20/2010 DRAWN BY: E.R.S. CHECKED BY: E.R.S. SCALE Florida, that: RESOLUTION NO. 10-095 A RESOLUTION ACCEPTING A WARRANTY DEED OF DONATION ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing WARRANTY DEED from BPSC Industries, LLC is duly accepted on behalf of St. Lucie County this 23'd day of MARCH, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney S:\ACQ\WP\Right of Way Donations\BPSC Industries, LLC\Resolution No. 10-095.wpd Prepared by and return to: Joseph D. Grosso, Jr. Joseph D. Grosso, Jr., P.A. 614 SE Central Parkway Stuart, FL 34994 772-220.3496 File No.: 09-242a [Space Above This Line For Recording Dntn] Warranty Deed This Warranty Deed made this S_ day of March, 2010 between BPSC Industries, LLC, a Florida limited liability company whose post office address is 3180 Fairlone Farms Road, Suite 1, West Palm Beach, FL 33414 grantor, and St. Lucie County, a political subdivision of the State of Florida whose post office address is 2300 Virginia Avenue, Fort Pierce, FL 34982 grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) WITNESSE M that said grantor, for and in consideration of the sum ofTEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby nelmowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Saint Lucie County Florida to -wit: See Exhibit "A" attached bereto and made a part hereof as if fully set forth herein. SUBJECT TO restrictions, reservations, covenants, conditions, limitations, and easements ofrecord; taxes for the year 2010 and the years subsequent thereto; and all applicable laws, ordinances, and governmental regulations, including, without ]imitation, zoning and building codes and ordinances. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2009. IN WITNESS WHEREOF, grantor has hereujse-sergrantar4_hand and seal the day and year first above written. Signed, sealed and delivered in our presence: By: --.l �. Patrick Borrico, limited liability company State of Florida County of Martin The foregoing instrument was acknowledged before me this K day of March, 2030 by Patrick Borrico, Manager of BPSC Industries, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or [.1 has produced a driver's license as identification. T� OrrLORMA [Notary Seal] i i�. Grosso, Jr. o u ]ic ;. `•, C. ;.;� _Lis: an FDD6368'14 Printed Name: i i ir':; k: BUNDVG CU., LX- My Commission Expires: SHEET 1 OF 2 W W K in } a3 \ ZO M I v 0 W a fl 0 UNW(n 00 z in I, 1 �� W 0 00a. `-V) z � 00 g LAJ 0 UWOW G7 0 3 WfF-- � a a z o ►� S.01'02'26'W. a: 50.0` I ?- c �0 �c I 0 I pI U I � IL Oa 0z" z21� S.01'02'26*W W a O O O � z u7 � Z 10h Z L7 WI of I— z 0 a Ell 30 Ix o m Lei F'ZW 00 i; L) ttoCq � zo 0 0 aq �W� U^ r� �J � o 1 NOTES: I. NOT VALID WITHOUT SHEET 2 m r z WEST LINE OF N.E. 1/4 OF SECTION 31, 3 O� O L4 to z WEST LINE OF THE S.E 1 /4 OF N.W. 1 /4 OF SECTION 31, TOWNSHIP 34 S. RANGE 40 E. w O z a z (4 t a_ Ln 0 M z 0 F W Zn I'02'10'E ' 10.0' Legal Description and Sketch This is Not a Survey Not Valid without the the signature =d original 8 U rvyer and Mapper ACCURIGHT LAND SURVEYING, INC. SURVEYORS DESIGNERS LAND PLANNERS CONSULTANTS Licensed Business Number 6607 1601 DECKER AVENUE, SUrrE 419.0 OFFICE PHONE (MW&7 B4 SMAW, FLORIDA 34994 FAX 972p2Q.7993 Earle R. Starkey, Professional Land Surveyor Registration Number �4459 — State of Florida JOB No.: 30DD-12—LEGALI REVISIONS: DATE 01/20/2010 DRAWN BY: E.R.S. CHECKED BY: E.R.S. SCALE: NOT TO SCALE SHEET 2 OF 2 LEGAL DESCRIPTION: 10' ROAD RIGHT-OF-WAY DEDICATION LEGAL DESCRIPTION BEING KNOWN AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTH ONE-HALF OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF COMMENCEMENT START AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE ---QUARTER OF THE NORTHEAST ONE -QUARTER OF THE HEREINBEFORE DESCRIBED SECTION 31; SAID POINT OF COMMENCEMENT ALSO BEING A POINT OF THE NORTH RIGHT-OF-WAY LINE OF CENTER ROAD ( 53RD STREET) THENCE RUN SOUTH 01'02'26" WEST A DISTANCE OF 50.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID CENTER ROAD, SAID POINT OF INTERSECTION ALSO BEING THE POINT AND PLACE OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN SOUTH 8858'54" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 795.10 FEET TO A POINT; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE RUN SOUTH 01'02'26" WEST A DISTANCE OF 10.00 FEET TO A POINT; THENCE RUN NORTH 8958'54" WEST ALONG A LINE LYING 10.00 FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE OF CENTER ROAD A DISTANCE OF 795.10 FEET TO A POINT; THENCE CONTINUE ALONG SAID PARALLEL LINE NORTH 88'56'09" WEST A DISTANCE OF 1332.03 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF SOUTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 31; THENCE RUN NORTH 01'02'10" EAST ALONG SAID WEST LINE A DISTANCE OF 10.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID CENTER STREET; THENCE RUN SOUTH 88'56'09" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 1332.03 FEET TO THE POINT AND PLACE OF BEGINNING. PARCEL CONTAINING 21,271.40 SQUARE FEET MORE OR LESS. SEE SHEET 2 OF 2 NOTES: 1. NOT VALID WITHOUT SHEET 1 ACC U R I G HT LAND SURVEYING, INC. JOB N= 3000-12—LEG REVISIONS: SURVEYORS DESIGNERS LAND PLANNERS CONSULTANTS DAZE: 01 /20/2D10 licensed Business Number 6607 DRAWN BY. E.R.S. ISM DECKER AVENUE, SURE 41" OFFICE PHONE tr 2)2B6.76S4 CHEC1� BY: E.R.S. MART, RARIDA 34%4 FAX (M)22D-M SCALE Florida, that: RESOLUTION NO. 10-096 A RESOLUTION ACCEPTING A WARRANTY DEED OF DONATION ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing WARRANTY DEED from BPSC Industries, LLC is duly accepted on behalf of St. Lucie County this 23'd day of MARCH, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney S:\ACQ\WP\Right of Way Donations\BPSC Industries, LLC\Resolution No. 10-096.wpd 2 3 4 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 RESOLUTION NO. 10-008 File Number: MJSP 06-014 A RESOLUTION GRANTING APPROVAL TO A MAJOR SITE PLAN PROJECT TO BE KNOWN AS BPSC WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. BPSC Industries, LLC, presented a petition for Major Site Plan approval for the project to be known as BPSC for property located at 2525 Center Road that is on the south side of Center Road, approximately 1300 feet south of St. Lucie Boulevard in the IL (Industrial, Light) Zoning District and as described in Part B, consisting of eight (8) buildings containing: • 202,950 square feet of warehouse • 72,000 square feet of office; • 9,000 square feet of mezzanine, • 91,000 square feet of light manufacturing; • 374,950 square feet of total floor space; and • 365,950 total square feet of building footprints. 2. On June 6, 2006, this Board held a public hearing on the petition of BPF Industries, LLC for the designation of the subject property as a Brownfield Area for the purpose of environmental rehabilitation and economic development. This Board approved the designation of the subject property as a Brownfield Area and declared BPF Industries, LLC as the entity responsible for the Brownfield site rehabilitation and creation of at least ten (10) new permanent jobs. 3. The Development Review Committee has reviewed the 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. 4. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 5. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. Page 1 January 5, 2010 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3430723 01/13/2010 of 04:32 PM OR BOOK 3162 PAGE 917 - 923 Doc Type: RESO RECORDING: $61.00 Resolution No. 10-008 Files No.: MJSP 06-014 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 49 50 51 52 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 regulations. 8. The proposed project will be served with water provided by Fort Pierce Utilities Authority and sanitary sewer provided by St. Lucie County Utilities. 9. The applicant has applied for a certificate of capacity as required under Chapter V, St. Lucie County Land Development Code, which will be issued upon the adoption of the Proportionate Fair Share Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Major Site Plan to be known as BPSC Industries, LLC, is hereby, approved as shown on the site plan drawings for the project prepared by Lucido & Associates on August 16, 2006, last revised on September 30, 2009 and date stamped received by the St. Lucie County Growth Management Department on October 12, 2009, subject to the following conditions: 1. No development permits shall be issued until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for the site work and offslte Improvements are approved by the Office of the County Engineer, Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, Fire Department, and any other agency that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 2. Within 90 days after receiving final site plan approval, the applicant shall convey the required road right of way for 53ro Street (70') and Center Road (10'). Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. Pursuant to Section 1-17-33.1 of the Code of Ordinances of St. Lucie County, the applicant may be granted credits against road impact fees. 3. Prior to the issuance of a right of way permit, the applicant shall execute a Road Improvement Agreement with St. Lucie County and submit a surety for the proposed public improvements. The amount of surety shall be 115% of the engineer's estimate of probable cost. The amount of surety shall be approved by the County Engineer and the form of surety shall be approved by the County Attorney. A copy of the standard "Agreement" can be obtained by visiting the St. Lucie County Public Works Department website at: http://www.stlucieco.aov/public works/index.htm. 4. This development order will not take effect until Board adoption of a Proportionate Fair Share Agreement that shall be initiated for the development's traffic impacts to the following intersections on King Highway: Angle Road and St. Lucie Boulevard. Page 2 Resolution No. 10-008 January 5, 2010 Files No.: MJSP 06-014 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 49 50 51 52 53 54 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an improvement agreement acceptable to Environmental Resources Department covering the cost of all required landscaping, irrigation, and related improvements shown in the site plan. A copy of this agreement can be obtained by visiting the SLC Environmental Resources Department website at: http•//www.stiucieco.ora/Environmental Resources DepartmenVindex.htm. 6. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided Environmental Resources Department with copies of any required federal and state permits. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the Land Development Code. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 7. Per Section 7.09.05, Category I Invasive Exotic vegetation shall be removed from within the project boundary. 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have conveyed the parcel of land, known as the Cassens Parcel, identified as PID# 2326-421- 0001-000R, to St. Lucie County in a manner and form acceptable to the County Attorney free and clear of liens and encumbrances. B. The property on which this Major Site Plan approval is being granted is described as follows: PARCEL 1: THE WEST 1/2 OF THE S.E. 1/4 OF THE N.W. RANGE 40 EAST; EXCEPTING THEREFROM AND PUBLIC ROADS. CONTAINING 17.70t ACRES. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RIGHTS OF WAY FOR DRAINAGE CANALS PARCEL 2: THE WEST 795.1 FEET OF THE SOUTH 1167.5 FEET OF THE NORTH 1217.5 FEET OF THE S.W. 1/4 OF THE N.E. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 21.13t ACRES. PARCEL 3: THE SOUTH 583.8 FEET OF THE NORTH 633.8 FEET OF THE EAST 1/2 OF THE S.E. 1/4 OF THE N.W. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 8.92t ACRES. PARCEL 4: THE SOUTH 583.8 FEET OF THE NORTH 1217.6 FEET OF THE EAST 1/2 OF THE S.E. 1/4 OF THE N.W. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 8.77t ACRES. ALL LYING AND BEING WITHIN ST. LUCIE COUNTY, FLORIDA CONTAINING 56.56t TOTAL ACRES. Page 3 January 5, 2010 Resolution No. 10-008 Files No.: MJSP 06-014 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 49 Location: The south side of Center Road, approximately 1300 feet south of St. Lucie Boulevard C. The St. Lucie County Director of Growth Management is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County. Florida, and to make notation of reference to the date of adoption of this resolution. D. The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. E. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize commencement of any on -site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and applicable code requirements must be met to satisfaction of the County before final site construction permits are issued. F. A copy of this Order 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 and mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. G. The conditions set forth in Part A are an integral nonseverable part of the Major Site Plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. H. This Major Site Development Plan approval shall expire twenty-four (24) months after the date of adoption of the Proportionate Fair Share Agreement, unless an extension is granted in accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code or unless a building permit is secured. The effective date of this resolution shall be the date of adoption of the Proportionate Fair Share Agreement. J. This Resolution shall be recorded in the Public Records. Page 4 January 5, 2010 Resolution No. 10-008 Files No.: MJSP 06-014 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 49 50 After motion and second, the vote on this resolution was as follows: Commissioner Charles Grande, Chairman YES Commissioner Doug Coward, Vice Chair YES Commissioner Paula A. Lewis YES Commissioner Chris Dzadovsky YES Commissioner Chris Craft YES PASSED AND DULY ADOPTED This 5th Day of January 2010. u� > ATTEST` F` rF eputy BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chaihnan f APPROVED AS TO FORM ANDS CORRECTNESS: Is GA PROJECT FILES\BPSC MJSP 06-014\10-12-2009 ResubmittaNBOCC\Resolution No 10-008 MJSP Page 5 January 5, 2010 Resolution No. 10-008 Files No.: MJSP 06-014 W o e N z m ao ° U) a u ^^ ! C U CO 06 CL ca Ile P� 1�s^ ! I U o j W9 •pal lS U•d Pa "*.r WVol.3 °'•uW�e•J I •aPPI wo I $ Pa elou!wes ou!mi M -V uou•w3 $, qd BIAS PH u-WL-W Pa I y\ PH PMH I U U u44S x I Pa •u, e Pb Ruala H Y Pa H P•PI J Pa wPa� P-3 K-i MUND O-D t � I I 0'� I I1 i © O � r - | § � U) O Q�md9S ) � � 2 cn c � i CL c cc � � £ 0 R . { $ § _ l 0 . � o0 :ae$ (S v $ k ffcc ® 9 aI& $ � 2 � � 7 % k k E ° 7 0 (D � \t-\ 11 ISI«GN 2$ � � .0 0 » >72q \ � A k\2{�2 )&EE#« V o2<E. eo�- a§ •2 Q�� ]±N]& lS @�£ m ] ///\%f 0 / � L)L) \ •cn W > 'E ca $ o = _) N Cr O ID CLWO� �.�0) L7L- 4- J T m / � _ g4- U) = < Q Q AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Donation of Property BPSC Industries, LLC Parcel I.D. 2326-421-0001-000-7 Resolution No. 10-097 BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO. VI-87 DATE: March 23, 2010 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager January 5, 2010 - Board of County Commissioners approved Resolution No. 10-008 granting Major Site Plan approval for the project known as BPSC. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chairman to sign Resolution No. 10-097 accepting the Warranty Deed and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: p(j APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] County Attorney: Daniel 5. McIntyre n [x] Originating Dept:.— A+nkiley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [ ] Road and Bridge: Don Pouley [ ] Engineering: Mike Powley 5:\ACQ\WP\JoAnn\Environmental\BPSC (Cossens)\Agenda Request.wpd ( ] Public Works: Don West [ J Environmental: --0"4 PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 23, 2010 SUBJECT: Donation of Property BPSC Industries, LLC Parcel I.D. 2326-421-0001-000-7 Resolution No. 10-097 BACKGROUND: On January 5, 2010, the Board of County Commissioners approved Resolution No.10-008 granting Major Site Plan approval for the project known as BPSC. Condition Number 8 required BPSC Industries, LLC to convey the Cassens parcel to St. Lucie County. We have attached the Warranty Deed executed by Steven Cassens and Catherine Dixon for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deeds, authorize the Chairman to sign Resolution No. 10-097 accepting the Warranty Deed and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, oAnn Riley Property Acquisition Manager 5:\ACQ\WP\JoAnn\Environmental\BPSC (Cassens)\Agenda Memompd DISCLA IMER St u- CO r y makes n J warranty iepresemalion or guaranty as o the content. serlrlenee. accuracy. ho llness. or Conlnleleness of any otthe geodata information pr de .fern 'he eaoer shcu d not rely ,n the data provided herein for any reason. St. UJGC e County explicitly disclaims any representations and warrant'es. ncludin� th' t llmi.atio .the mp�ietl w ra t s u merrhantabilily and fitness tar a particular purpose. St. Lucie County shall assume no liability for I. Any errors, omiss,onsor inaccuraces in the it t. Galion pro lded regardless of now caused, or 2. Any decision made or action taken or not taken by any person in reliance upon any informl or data furnished hereunder. Prepared by and return to: Joseph D. Grosso, Jr., Esq. Joseph D. Grosso, Jr., P.A. 614 SE Central Parkway Stuart, FL 34994 772-220-3496 File No.: 09-242 [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this >✓day of March, 2010 between Steven Dale Cassens, a married man and Catherine C. Dixon, a married woman, as Co -Trustees of that Irrevocable Trust Agreement dated December 28,1989, as to on undivided 4/5 interest, and Steven Dale Cassens, a married man and Catherine C. Dixon, a married woman, as Co -Trustees of the Abigail Kate Dixon Trust Agreement dated January 16, 1997, as to an undivided 115 interest whose post office address is P.O. Box 613, Fort Pierce, FL 34954 grantor, and St. Lucie County, a political subdivision of the State of Florida whose post office address is 2300 Virginia Avenue, Fort Pierce, FL 34982 grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) WITNESSETH, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Saint Lucie County Florida to -wit: See Exhibit "A" attached hereto and made a part hereof. Parcel Identification Number. 2326-421-0001-000/7 Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. SUBJECT TO restrictions, reservations, covenants, conditions, limitations, and easements of record; taxes for the year 2010 and the years subsequent thereto; and all applicable laws, ordinances, and governmental regulations, including, without limitation, zoning and building codes and ordinances. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2009. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Irrevocable Trust Agreement dated December 28,1989 Steven Dale Cassens, Individually and as Co -Trustee Catherine C. Dixon, Individually A�asCo-Trustee Abigail Kate Dixon Trust Agreement dated January 16, 1997 1 V Steven Dale Cassens, Individually and as Co -Trustee Catherine C. Dixon, Individually d as Co -Trustee State of FI rid County o JJ The foregoing instrument was acknowledged before me thi Y ay of March, 2010 by Steven Dale Cassens, Individually and as Co -Trustee, who (j is personally known or [:1-Kas pro uceJ`y''�a�J7y��river's licen /// $��id ratification. raw f 1 / r� ///5 A [Notary Sea]] ' ' N tary Public yi w r HANME [: PAMMUME LOINISSiON 4 D0 074229 . , E CPM- May •13 2013 ...... anted rnm hu� l�� Printed Name: My Commission Expires: State of Flori a County o i The foregoing instrument was acknowledged before me and as Co -Trustee, who [I is personally known or [(�-h' [Notary Sea]] this 'okay of March, 2010 by Catherine C. Dixon, Individually as pro fic vees license as ' entilication. will. !.� of Public Printed Name: My Commission Expires: Fret NANEM M PASSARLIME 3 .r 6N ColimJSSOH 9 DU U4229 ticndFn'�11ESot�' PuuifoUOtndmv�lere Exhibit A That certain real property located in Saint Lucie County, Florida, more particularly described as follows: All that part of the following described land which lies North and East of the main channel of Ten Mile Creek (North St. Lucie River Water Control District #71) as now located: Begin at the NE corner of the NW 1/4 of SE 1/4 of Section 26, Township 35 South, Range 39 East, run thence West along the North line of said NW 1/4 of SE 1/4, a distance of 1026 feet, thence South 18 degrees East, a distance of 205 feet thence South 46 degrees East, a distance of 240 feet; thence South 49 degrees, 15 minutes East, a distance of 175 feet, thence South 49 degrees, 30 minutes East, a distance of 45 feet, thence South 34 degrees, 15 minutes East, a distance of 150 feet; thence North 75 degrees, 45 minutes East, a distance of 55 feet, thence South 53 degrees East, a distance of 133 feet, thence South 9 degrees East, a distance of 100 feet, thence South 21 degrees East, a distance of 215 feet, thence South 68 degrees East, a distance of 160 feet, thence North 77 degrees, 15 minutes East, a distance of 143 feet to the East side of said NW 1/4 of SE 1/4, thence North along the East line of said NW 1/4 of SE 114, a distance of 1018.7 feet to beginning. Parcel Identification Number: 2326421-0001-000/7 file Number. 09-242 DoubleTimee Florida, that: RESOLUTION NO. 10-097 A RESOLUTION ACCEPTING A WARRANTY DEED OF DONATION ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing WARRANTY DEED from Steven Dale Cassens and Catherine C. Dixon is duly accepted on behalf of St. Lucie County this 23'd day of MARCH, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOP-IDA BY. BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney 5:\ACQ\WP\JoAnn\Environmental\BPSC (Cassens)\Resolution No. 10-097.wpd I RESOLUTION NO. 10-008 2 File Number: MJSP 06-014 3 4 A RESOLUTION GRANTING APPROVAL TO A MAJOR SITE PLAN 5 PROJECT TO BE KNOWN AS BPSC 6 7 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 8 testimony and evidence, including but not limited to the staff report, has made the following 9 determinations: 10 11 1. BPSC Industries. LLC presented a petition for Major Site Plan approval for the project 12 to be known as BPSC for property located at 2525 Center Road that is on the south 13 side of Center Road, approximately 1300 feet south of St. Lucie Boulevard in the IL 14 (Industrial, Light) Zoning District and as described in Part B, consisting of eight (8) 15 buildings containing: 16 17 • 202,950 square feet of warehouse 18 • 72,000 square feet of office; 19 * 9,000 square feet of mezzanine, 20 • 91,000 square feet of light manufacturing; 21 • 374,950 square feet of total floor space; and 22 • 365,950 total square feet of building footprints. 23 24 2. On June 6, 2006, this Board held a public hearing on the petition of BPF Industries, 25 LLC for the designation of the subject property as a Brownfield Area for the purpose of 26 environmental rehabilitation and economic development. This Board approved the 27 designation of the subject property as a Brownfield Area and declared BPF Industries, 28 LLC as the entity responsible for the Brownfield site rehabilitation and creation of at 29 least ten (10) new permanent jobs. 30 31 3. The Development Review Committee has reviewed the site plan for the proposed 32 project and found it to meet all technical requirements and to be consistent with the 33 future land use maps of the St. Lucie County Comprehensive Plan. 34 35 4. The proposed project is consistent with the general purpose, goals, objectives and 36 standards of the St. Lucie County Land Development Code, the St. Lucie County 37 Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 38 39 5. The proposed project will not have an undue adverse effect on adjacent property, the 40 character of the neighborhood, traffic conditions, parking, utility facilities or other 41 matters affecting the public health, safety and general welfare. 42 43 6. All reasonable steps have been taken to minimize any adverse effect of the proposed 44 project on the immediate vicinity through building design, site design, landscaping and 45 screening. 46 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3430723 01/13/2010 at 04:32 PM OR BOOK 3162 PAGE 917. 923 Doc Type: RESO RECORDING: 361.00 Page 1 Resolution No. 10-008 January 5, 2010 Files No.: MJSP 06-014 1 7. The proposed project will be constructed, arranged and operated so as not to interfere 2 with the development and use of neighboring property, in accordance with applicable 3 district regulations. 4 5 8. The proposed project will be served with water provided by Fort Pierce Utilities 6 Authority and sanitary sewer provided by St. Lucie County Utilities. 7 8 9. The applicant has applied for a certificate of capacity as required under Chapter V, St. 9 Lucie County Land Development Code, which will be issued upon the adoption of the 10 Proportionate Fair Share Agreement. 11 12 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 13 County, Florida: 14 15 A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the 16 Major Site Plan to be known as BPSC Industries, LLC, is hereby, approved as shown 17 on the site plan drawings for the project prepared by Lucido & Associates on August 18 16, 2006, last revised on September 30, 2009 and date stamped received by the St. 19 Lucie County Growth Management Department on October 12, 2009, subject to the 20 following conditions: 21 22 1. No development permits shall be issued until complete sets of sealed constructible final 23 engineering plans, supporting calculations and survey data for the site work and offsite 24 improvements are approved by the Office of the County Engineer, Public Works 25 Department, Utilities Department, Environmental Resources Department, Growth 26 Management Department, Fire Department, and any other agency that may be 27 determined by the Director of Growth Management to be necessarily involved in the 28 review and approval of the constructible final engineering plans for the site work and 29 offsite improvements. The determination of whether or not plans submitted by the 30 applicant constitute a complete set of constructible plans shall be made by the 31 departments involved in the plan review within five business days of the date the plans 32 are received in the Department of Growth Management. 33 34 2. Within 90 days after receiving final site plan approval, the applicant shall convey the 35 required road right of way for 53`d Street (70') and Center Road (10'). Manner and form of 36 conveyance shall be acceptable to the County Attorney. The sketch and legal 37 description shall be prepared by a Florida licensed surveyor and mapper. Pursuant to 38 Section 1-17-33.1 of the Code of Ordinances of St. Lucie County, the applicant may be 39 granted credits against road impact fees. 40 41 3. Prior to the issuance of a right of way permit, the applicant shall execute a Road 42 Improvement Agreement with St. Lucie County and submit a surety for the proposed 43 public improvements. The amount of surety shall be 115% of the engineer's estimate of 44 probable cost. The amount of surety shall be approved by the County Engineer and the 45 form of surety shall be approved by the County Attorney. A copy of the standard 46 "Agreement" can be obtained by visiting the St. Lucie County Public Works Department 47 website at: httg)://www.stlucieco.gov/public works/index.htm. 48 49 4. This development order will not take effect until Board adoption of a Proportionate Fair 50 Share Agreement that shall be initiated for the development's traffic impacts to the 51 following intersections on King Highway: Angle Road and St. Lucie Boulevard. 52 Page 2 Resolution No. 10-008 January 5, 2010 Files No.: MJSP 06-014 1 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall 2 finalize an improvement agreement acceptable to Environmental Resources 3 Department covering the cost of all required landscaping, irrigation, and related 4 improvements shown in the site plan. A copy of this agreement can be obtained by 5 visiting the SLC Environmental Resources Department website at: 6 http://www.stiucieco.org/Environmental Resources Department/index.htm. 7 8 6. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have 9 obtained and provided Environmental Resources Department with copies of any 10 required federal and state permits. If federal or state agency compliance requires 11 modification to the development plans, the applicant will promptly modify the plans and 12 submit to St. Lucie County for review and approval as required by the Land Development 13 Code. The applicant will not use the County's development approval to prevent 14 compliance with any federal or state agency requirements. 15 16 7. Per Section 7.09.05, Category I Invasive Exotic vegetation shall be removed from within 17 the project boundary. 18 19 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have 20 conveyed the parcel of land, known as the Cassens Parcel, identified as PID# 2326-421- 21 0001-000/7, to St. Lucie County in a manner and form acceptable to the County Attorney 22 free and clear of liens and encumbrances. 23 24 B. The property on which this Major Site Plan approval is being granted is described as 25 follows: 26 27 PARCEL 1: 28 THE WEST 1/2 OF THE S.E. 1/4 OF THE N.W. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, 29 RANGE 40 EAST; EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS 30 AND PUBLIC ROADS. 31 CONTAINING 17.70t ACRES. 32 33 PARCEL 2: 34 THE WEST 796.1 FEET OF THE SOUTH 1167.5 FEET OF THE NORTH 1217.6 FEET OF 35 THE S.W. 1/4 OF THE N.E. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; 36 EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC 37 ROADS. 38 CONTAINING 21.13± ACRES. 39 40 PARCEL 3: 41 THE SOUTH 583.8 FEET OF THE NORTH 633.8 FEET OF THE EAST 1/2 OF THE S.E. 1/4 42 OF THE N.W. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING 43 THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. 44 CONTAINING 8.92t ACRES. 45 46 PARCEL 4: 47 THE SOUTH 583.8 FEET OF THE NORTH 1217.6 FEET OF THE EAST 1/2 OF THE S.E. 1/4 48 OF THE N.W. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING 49 THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. 50 CONTAINING 8.77t ACRES. 51 52 ALL LYING AND BEING WITHIN ST. LUCIE COUNTY, FLORIDA CONTAINING 56.56t 53 TOTAL ACRES. 54 Page 3 Resolution No. 10-008 January 5, 2010 Files No.: MJSP 06-014 1 2 Location: The south side of Center Road, approximately 1300 feet south of 3 St. Lucie Boulevard 4 5 C. The St. Lucie County Director of Growth Management is hereby authorized and 6 directed to cause the notation of this resolution to be made on the Official Zoning Map 7 of St. Lucie County. Florida, and to make notation of reference to the date of adoption 8 of this resolution. 9 10 D. The Director of Growth Management shall coordinate the issuance of further site 11 Development Permits. No final site construction authorizations or site Development 12 Permits shall be issued until all requirements for such permits are met. 13 14 E. This resolution shall be recorded in the Public Records of St. Lucie County. The 15 recording of this resolution does not authorize commencement of any on -site 16 development activities without obtaining such further development permits as may be 17 required. All applicable conditions of approval as set forth above, and applicable code 18 requirements must be met to satisfaction of the County before final site construction 19 permits are issued. 20 21 F. A copy of this Order shall be attached to the site plan drawings described in Part A, 22 which plan shall be placed on file with the St. Lucie County Growth Management 23 Director and mailed, return receipt requested to the developer and agent of record as 24 identified on the site plan applications. 25 26 G. The conditions set forth in Part A are an integral nonseverable part of the Major Site 27 Plan approval granted by this Resolution. If any condition set forth in Part A is 28 determined to be invalid or unenforceable for any reason and the developer declines to 29 comply voluntarily with that condition, the site plan approval granted by this resolution 30 shall become null and void. 31 32 H. This Major Site Development Plan approval shall expire twenty-four (24) months after 33 the date of adoption of the Proportionate Fair Share Agreement, unless an extension is 34 granted in accordance with Section 11.02.06(B)(2), St. Lucie County Land 35 Development Code or unless a building permit is secured. 36 37 I. The effective date of this resolution shall be the date of adoption of the Proportionate 38 Fair Share Agreement. 39 40 J. This Resolution shall be recorded in the Public Records. 41 42 43 44 45 46 47 48 49 Page 4 Resolution No. 10-008 January 5, 2010 Files No.: MJSP 06-014 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 49 50 After motion and second, the vote on this resolution was as follows: Commissioner Charles Grande, Chairman YES Commissioner Doug Coward, Vice Chair YES Commissioner Paula A. Lewis YES Commissioner Chris Dzadovsky YES Commissioner Chris Craft YES PASSED AND DULY ADOPTED This 5th Day of January 2010. tea" z (t -'91'r ATTES # eputy BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY f CNaihan r � �C9CS F n\Sss A ilk £+� r tT, } APPROVED AS TO FORM AND) CORRECTNESS: Is GA PROJECT FILES\BPSC MJSP 06-014\10-12-2009 Resubmittal\BCCC\Resolution No 10-008 MJSP Page 5 January 5, 2010 Resolution No. 10-008 Files No.: MJSP 06-014 � k U (0 co C) CL CL U) I � � � I � � [ ° \ ! � � ! ! |� __.— > ! _ ! � * _ _� pv � \ ■ � . -- k| ,Ptj• - J � ■ ` � i!PH I i � __ ° . � _ � ! ! . \ ' � t � i � J z N � � _ o 0 N d rn all=ddb!$ 1 00 -ia U L O J ® a n t O = X ; Z 'QQ �± (D 0 IFE ` Z U OLLI-� � 7 E l0 0.� W d Q a0� CjD � —N� CU 0 Q 1 1S H1Lti N � wa �.o > ICU CL 0.0 N z u~i 1S,H16� N C aE ¢ m c� rn V U W cc .;' _ ID = L •� p = J a. `L W, d (a m CDZ. m0—W rn O N } 7 7 y 8 lC— �cEEoc 0 'in O U ab,2i31N3 - r 1S dbNIN °fQa o c C U U J J j 'L AD M L W \ N cu O = UN cr a) CL d,., N s p Z N 7VNWJ aYYA 4Fi'N33�1 �- LO m -� G +r J v O 7 — (D N O ' Cc M ¢ zr e— rL cc Q Q Q c`a :I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Department SUBJECT: Leachate Pond Covers BACKGROUND: See attached memorandum. ITEM NO. VI-C1 DATE: 3123/10 REGULAR ( } PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Ron Roberts Assistant Solid Waste Director FUNDS AVAILABLE: 401-3410-563005-103603 Infrastructure — Consulting Engineer (pending BOCC approval). PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Capital Improvement Project CIP10-025, Budget Amendment No. BA10-012, and authorization for Chairman to execute Work Authorization No. 6 for Camp Dresser McKee, Inc., as prepared by the County Attorney, for engineering services as outlined in the agenda memorandum for a total cost of $63,488. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER County Attorney ( X ) Originating Dept. ( ) Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director �v Budget Analyst Daniel McIntyre (Name) Purchasing Marie Gouin Robert O'Sullivan Melissa Simberlund Attachment A COUNTY`` F LORI D A WORK AUTHORIZATION NO. 06 CONTRACT C00-04-349 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of 2010, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Camp, Dresser & McKee, Inc., hereinafter referred to as the "Engineer". WITNESSETH: WHEREAS, on March 14, 2000, the County entered into an Agreement (Contract No. C00-04-349) hereinafter referred to as "Contract" with the Engineer to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Engineer is to provide the professional services as outlined in this individual work authorization; and, 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: Leachate Pond Covers (hereinafter referred to as "the Project".) d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Engineer, in accordance with the terms of the Contract, 5tate Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Engineer under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies, each of which shall be considered an original on the following dates. ATTEST: CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: CAMP, DRESSER $ McKEE, INC. BY: Print Name: Title: Subtask 2.2 CDM will use SLC front-end procurement documents and incorporate the SLC Purchasing Department's requirements into the RFP. Subtask 2.3 CDM will provide a draft RFP and submit it to SLC for review. Subtask 2.4 Once comments have been obtained from SLC, CDM will prepare the final RFP based on the comments received. CDM will submit an electronic copy of the RFP to SLC for advertising. TASK 3.0 - BIDDING SERVICES CDM will assist SLC in obtaining proposals for the design and construction of a floating flexible membrane covers system. CDM will assist SLC in evaluating the proposals, assembling and awarding the contract, and arranging and presiding over a pre -proposal and a pre -construction conference. Subtask 3.1 - CDM will coordinate the advertisement of the RFP, respond to communications from Proposers, attend a pre -proposal conference, and issue addenda, as necessary. Subtask 3.2 - CDM will attend the proposal opening, evaluate proposals, and recommend a proposer for Award of Contract to SLC. Subtask 3.3 - After issuance of a Notice of Award by SLC, CDM shall assist SLC in preparing the contract, request and review information from the Proposer, and advise SLC on finalizing the contract. Subtask 3.4 - CDM will arrange for a preconstruction conference to be attended by the Proposer, SLC, other interested parties, and CDM's representatives. Preconstruction conference minutes will be prepared and distributed to all attendees. The Notice to Proceed will be prepared by CDM for issuance to the Proposer. The Bidding Services task of the project terminates at the issuance of the Notice to Proceed. TASK 4.0 - PERMITTING ASSISTANCE Activities performed under this task consist of those functions required to prepare the permit documents for submittal to the FDEP, meeting with FDEP, and responding to two of FDEP's requests for additional information (RAI). More specifically, this task includes the following subtasks: Subtask 4.1 CDM will review the Proposer's design drawings and specifications to determine if the design is in accordance with the Contract Documents and FDEP requirements. All design drawings, calculations, and specifications shall be provided by the Proposer and shall be signed and sealed by a engineer licensed in the State of Florida. A-2 02623 RFP_Exhibits_ Oocx TASK 5.0 GENERAL ENGINEERING SERVICES DURING CONSTRUCTION These services shall include the following subtasks: Subtask 5.1 CDM will consult with, advise, and act as SLCs representative during construction of the floating flexible membrane cover system for the two leachate holding ponds. Subtask 5.2 CDM will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work of the Proposer and to determine in general if such work is proceeding in accordance with the Contract Documents. During such visits and on the basis of on -site observations, CDM shall keep SLC informed of the progress of the work and shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents. The level of work estimated for site visits for this project is 40 man-hours of time based on a two month construction period. CDM reserves the right to request additional compensation, should site visits extend beyond the 40 hour period. Subtask 5.3 CDM will review shop drawings and samples to determine if they are in accordance with the Contract Docurnent, the results of laboratory tests and other data which the Proposer is required to submit. Subtask 5.4 Based on CDM'S on -site observations and on review of applications for payment and the accompanying data and schedules, CDM will determine the amounts owing to the Proposer and recommend in writing, payments to the Proposer in such amounts. Subtask 5.5 CDM will issue instructions to the Proposer and issue necessary interpretations and clarifications of the Contract Documents. Act as SLC's representative to require special inspection or testing of the work. Act as initial interpreter of the requirements of the Contract Documents regarding the execution and progress of the work. Subtask 5.6 CDM will conduct a final check to determine if the work has been completed in accordance with the Contract Documents. Subtask 5.7 CDM will monitor/check performance tests and review field test reports for conformance with project Contract Documents. TASK 6.0 SPECIAL ENGINEERING SERVICES DURING CONSTRUCTION Activities performed under this task consist of supplementary and special engineering services required during the construction and implementation of the project. Subtask 6.1 Review for SLC the final Record Documents to determine that all work is properly documented and in accordance with the Contract Documents. A-4 112623 RFP Exhibits_ docx N = aoo OD rn aCIA Fp ��^ N 00 w N r c0 r o <D to a`a z 0c ;.° a O ao O r, O O Itt Ur-�� 0 a fD ZH O N O 0 0 l0 AWN o fu r*, % 0 O O r O N O O 00 a a N q V' dam' u R O U! r Wt W u C y r �i 0 O N O a0 00 M � d r w a a "u x N N CO N 00 o r �► �r M W F-r 0 Qu (L m 0 0 N N N N 00 g W ¢ y to 0 C ° O U cl 'C O Q Q Q a- m V 0) w o Z U ' w C% Hcr cr N to N C m r A 0chW I BE CL m CL C � p O O O O O N m 't LO t0 co co ca ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM Attachment B CAPITAL PROJECT SUMMARY IJECT NAME: Leachate Pond Covers PROJECT #: 103603 'ARTMENT: ISolid Waste DATE PREPARED: 2/5/2010 ISION: ISolid Waste PROJECT MGR: I Leo Cordeiro E OF PROJECT: NEW CONSTRUCTION: RECOMMENDED: YES RENOVATION: APPROVED: YESNNO NO MAINTENANCE: X REVISED: YESNO iJECT DESCRIPTION / JUSTIFICATION: r'he Baling Facility has two double lined leachate holding ponds. The ponds are open on top and have a surface area of 2.37 acres. The .eachate Pond Covers will cover the each pond preventing rainwater from becoming leachate. 'HIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO'� FUNDINGUSES CARRYOVER " FY09-11i FY 09-10• F ' 10-11., FY:11=1Z. FYI7 t3 FY13-I4 5-YEAR FROM FY 09 NEB• .! . " . HI3OGEE; . _FLAN . , . PLAN :!' PLAN' PLAN TOTAL Land 0,,, 0 Buildings 0 0 Imp O/T Bldgs 413,488 413,488 413,488 AIPP 0 0 4 0 0 0 0 0 TOTAL: 0 413488 413,488 0 0' 0 0 413,488 • ' DIY"[ll, ' 'ZEST. RR. 211i.__ " - " lsiX r � i! ':. - Es-L^'.s i a� - s.� �� � :.s �..� Sanitary Landfill Fund - 401 413,4881 413.488 413,488 0 0 0 AI I J00 CAPITAL IMP REQ # : CIP10-025 ACCOUNT #: 401 — 3410 — 563000 103603 ITEM NO. VI-C2 DATE: 3/23/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BYT r Ron Roberts `� SUBMITTED BY: Solid Waste Department Assistant Solid Waste Director SUBJECT: Amendment to Contract for Household Hazardous Waste Collection and Disposal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-534000-300 Other Contractual Services PREVIOUS ACTION: April 24, 2007 — BOCC approved the award of contract. RECOMMENDATION: Board approval of the first amendment to Contract No. C07-04-270 with Clean Harbors Environmental Services, Inc., extending the contract through May 31, 2013, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (JQ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X) j OMB Director f Budget Analyst Daniel McIntyre Originating Dept. ( ) Purchasing (Name) (X) mm4i/ Marie 9ouin Tawonna Johnson _j (X)-' Melissa Simbertund Solid Waste Department MEMORANDUM TO: Board of County Commissioners ii FROM: Ron Roberts, Assistant Solid Waste Director" DATE: March 23, 2010 SUBJECT: Amendment to Contract for Household Hazardous Waste Collection and Disposal ITEM NO: VI-C2 Background: In 2007, St. Lucie County entered into a contract with Clean Harbors Environmental Services, Inc., the highest ranked firm as a result of RFP No. 07-038, to provide packaging, labeling, transportation, and storing of household hazardous waste for disposal. The initial term of the contract was for a period of three years. The contract also includes one additional three-year extension. The current contact will expire on May 31, 2010. Clean Harbors is one of the world's largest processors of hazardous waste with an excess of 50,000 customers worldwide. The current annual cost for the proper treatment and disposal of the household hazardous waste is approximately $24,000. In 2005, our annual disposal cost with Care Environmental was in excess of $30,000. As an example of the cost savings, our pervious contractor charged $185 per 55 gallon drum of bulk flammables. Clean Harbors cost per 55 gallon drum is only $95. Bulk flammable liquids are the predominant portion of the household hazardous waste stream. Both Martin and Indian River County pay $185.00 per drum of bulk flammable liquids. Clean Harbors has proven to be one of the most efficient and cost effective contractors we have had processing and disposing of the household hazardous waste. Recommendation: Board approval of the first amendment to Contract No. C07-04-270 with Clean Harbors Environmental Services, Inc., extending the contract through May 31, 2013, and authorization for the Chairman to sign documents as approved by the County Attorney. RR:dls Attachment A — First amendment to C07-04-270 Clean Harbors Environmental Services, Inc. 2 ATTACHMENT A C07-04-270 FIRST AMENDMENT TO APRIL 24, 2007 CONTRACT BETWEEN ST. LUCIE COUNTY AND CLEAN HARBOR ENVIRONMENTAL SERVICES, INC. THIS FIRST AMENDMENT, is made and entered into this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and CLEAN HARBOR ENVIRONMENTAL SERVICES, INC., or his, its or their successors, executors, administrators, and assigns (the "Lessee"). WHEREAS, on April 24, 2007 the parties entered into a lease agreement to provide for the packaging, labeling, transportation, and storing of household hazardous waste for disposal; and, WHEREAS, the parties desire to amend the Contract to exercise the three-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 5. TERM; EXTENSION shall be amended to read as follows: 5. TERM: EXTENSION The Contract shall being on June 1, 2007 and shall terminate on May 31, 2013, unless terminated earlier. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK 1 BY: CHAIRMAN C07-04-270 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: CLEAN HARBOR ENVIRONMENTAL SERVICES, INC. I.-YA Print Name: Title: t� -COUN 7 e . F c 0 :R.®�_.:r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Purchasing ITEM NO. VI- D1 DATE: 03123/10 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Marie M. Gouin p Director SUBJECT: Donation of Surplus Computers to St. Lucie County Nonprofit Agencies BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 15, 2009 — BOCC approved the removal of the computers from fixed assets RECOMMENDATION: Board authorization to donate surplus computers to various St. Lucie County nonprofit agencies as listed on the attached spreadsheet. COMMISSION ACTION: O APPROVED O DENIED () OTHER Approved 5-0 County Attorney (X) Purchasing ( X ) Coordination/Signatures Dan McIntyre Melissa Simberlund CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( ) (Name) Information Technology Nels'b cuenag/ Cac. NTx�r _ - : _ Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioner FROM: Marie M. Gouin, Director DATE: March 23, 2010 SUBJECT: Donation of Surplus Computers to St. Lucie County Nonprofit Agencies ITEM NO. VI- D1 Background: Per Section 274.05, Florida Statutes, a government unit may offer, by donation, surplus property to private nonprofit agencies as defined in Section 273.01. Pursuant to Section 273.01(3), a private nonprofit agency means a nonprofit charitable organization, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual, which has been held to be tax-exempt under provisions of s. 501 of the Internal Revenue Code of 1954, and which has as its principal mission: (a) Public health and welfare; (b) Education; (c) Environmental restoration and conservation; (d) Civil and human rights; or (e) the relief of human suffering and poverty. Information Technology has prepared usable surplus computers to be used for this program. All computers are stored at the St. Lucie County Logistic Center. The nonprofit agency is solely responsible for the transportation of the computer equipment. The nonprofit agency shall accept the computer equipment "AS IS" with no specific warranty or guarantee to its functionality and or use. No assignment of warranty, support services, licensing, replacement parts, and or liability is implied in the transfer of said computer equipment. The computer equipment will be sorted and labeled by the County for each awarded nonprofit agency to pick up. Once notified, each nonprofit agency will be given 14 calendar days to arrange pick-up of donated computer equipment. Attachment A is the spreadsheet listing all of the St. Lucie County nonprofit agencies, their address and the number of computers each agency is requesting. Recommendation: Board authorization to donate surplus computers to various St. Lucie County nonprofit agencies as listed on the attached spreadsheet. St. Lucie County Nonprofit Agencies Computer Donation Program Number of Computers Requested Nonprofit Agency 501(c)(3) 5 Ft. Pierce Police Athletic League Yes 25 Bluebird Educational Productions Yes 5 Zion's Daughters of Distinction Ministries Yes 25 Garden City Early Learning Academy Yes 5 Learn to Read Yes 10 Boys and Girls Club - Garden Terrace Unit Yes 5 Avenue D Boys Choir Yes 5 Save Our Children Yes 4 Teen Time After School Yes 9 Project ROCK North Yes 9 CASTLE Yes 11 Project ROCK South Yes 5 Multi -Cultural Resource Center Yes 2 Daniel M Foundation Yes 6 Boys and Girls Club - Infinity Teen Center Yes 8 Frontline for Kids Yes 3 Future Generations Yes 8 PACE Center for Girls Yes 0 Work Force Solutions N/A 150 Total Requested Attachment A V TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing ITEM NO. VI-D2 DATE: 03/23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) PRESENTED BY: Marie M. Gouin Director Amendment to Contract for Garbage Collection and Recycling Services for St. Lucie County Facilities See attached memorandum. FUNDS AVAILABLE: Various department accounts PREVIOUS ACTION: May 13, 2008 — BOCC approved award of contract RECOMMENDATION: Board approval of the first amendment to Contract No. C08-05-231 with All Haul, extending the contract through June 30, 2011, and increasing the contract price due to Solid Waste's increased tipping fees, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ('?�) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Budget Analyst Dan McIntyre Purchasing ( X)� Melissa Simberlund Solid Waste (X) Ron Roberts Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioner FROM: Marie M. Gouin, Director rn DATE: March 23, 2010 SUBJECT: Amendment to Contract for Garbage Collection and Recycling Services for St. Lucie County Facilities ITEM NO. VI-D2 Background: In 2008, St. Lucie County entered into a contract with All Haul, the lowest responsive, responsible bidder, located in Ft. Pierce, to provide exclusive solid waste collection and disposal services and recycling services for St. Lucie County facilities. The initial term of the contract was for a period of two years but also allowed for two additional one-year renewal options. The initial term will expire on June 30, 2010. Exercising the first renewal will extend the contract through June 30, 2011. The St. Lucie County Solid Waste Baling and Recycling Facility raised their tipping fees as of October 1, 2009, from $32/ton to $41/ton for municipal solid waste (MSW), an increase of $9/ton and from $19/ton to $29/ton for construction and demolition (C&D), an increase of $10/ton. Paragraph 5, Service, Location, and Rates, of the contract states the following: "...Prices will remain firm for the term of the contract. In addition, if the tipping fee at the St. Lucie County Solid Waste Baling and Recycling Facility is increased during the contract term, the Contractor shall be allowed to make a proportionate adjustment at each renewal period..." Attachment A is a copy of Contract No. C08-05-231 between St. Lucie County and All Haul dated March 13, 2008. The contractor is requesting a proportionate adjustment to his fees. The MSW will go from $2.75 per cubic yard to $3.20 per cubic yard, an increase of $0.45 per cubic yard. A typical MSW dumpster is 85-100 lbs. per cubic yard. Using 100 lb., an 8-yard container would contain 800 lbs. of waste which equals 40% of a ton. The tipping fee increased $9 per ton. 40% of $9 is $3.60. When you divide $3.60 by the 8-yards the container holds, it would equal an appropriate increase of $0.45 per cubic yard. The C&D 20-y2rd roll off container will go from $100 per load to $135 per load, an increase of $35 per load. Attachment B is a copy of an email from Solid Waste explaining the renewal rates. A typical 20-yard container contains 3.5 tons of C&D waste. The tipping fee increased $10 per ton. The appropriate increase for a C&D 20-yard container would equal $35 per container. The increase in fees would not become effective until July 1, 2010, the actual renewal date. Attachment C is the first amendment to Contract No. C08-05-231. Recommendation: Board approval of the first amendment to Contract No. C08-05-231 with All Haul, extending the contract through June 30, 2011, and increasing the contract price due to Solid Waste's increased tipping fees, and authorization for the Chairman to sign documents as approved by the County Attorney. CONTRACT THIS CONTRACT, made this day of 2008, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and ALL HAUL, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is exclusive solid waste collection and disposal services and recycling services for St. Lucie County facilities (the "Service") as further described in St. Lucie County Bid # 08-026. The County intends to perform periodic waste audits and, therefore, the county reserves the right to increase or decrease the number and sizes of the containers, and the frequency of collection as determined by the County to be in its best interest. The term "solid waste" as used herein is as defined in Chapter 403, Florida Statutes. 3. PROJECT MANAGER The Project Manager for the County is Melissa Simberlund at (772) 462-1799. The Project Manager for the Contractor is George Pantuso at (772) 461-0101. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. The Project Manager, however, has no authority to approve or execute Change Order Work. 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 01 through 10 inclusive. Page 1 of 10 Attachment "A" B. Exhibit "A", consisting of 02 pages C. Exhibit "B", consisting of 02 pages D. Contractor's Bid, consisting of 11 pages. E. Bid Documents, consisting of: Call for Bids and Instructions to bidders, page 01 to 06, inclusive Scope of Services, page 22, inclusive. F. Addenda No. 01 G. Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. H. Any Modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 5. SERVICE, LOCATIONS AND RATES The Service locations, frequency of Service, weekly or monthly charges, are set forth on the Waste Collection Service Locations and Rates (Exhibit "A") and on the Recycling Service Locations and Rates (Exhibit "B") both attached hereto and made a part hereof as Exhibits "A" and "B". The Contractor shall provide separate recycling containers for (a) office paper, (b) commingled, and (c) cardboard. The County reserves the right to add service locations upon prior written notice provided by the County's Project Manager. Prices will remain firm for the term of the Contract. In addition, if the tipping fees at the St. Lucie County Solid Waste Baling and Recycling Facility is increased during the Contract term, the Contractor shall be allowed to make a proportionate adjustment at each renewal period. The County also reserves the right to request replacements containers due to weather deterioration or normal wear and tear, as needed, at no additional expense. 6. TERM Unless terminated as provided for herein, the term of this Contract shall be for a period of two (2) year and begin on July 1, 2008 and continue through June 30, 2010. Upon mutual agreement, the parties may extend the terms of the Contract for two (2) additional one-year terms upon the same terms and conditions. 7. CONTRACT PAYMENT The County shall pay the Contractor in monthly payments for the performance of this Contract at the rates set forth in Exhibit "A" and "B" based on invoices provided to and approved by the County. The Contractor shall invoice each service location and all additional services individually. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified and approved invoice from the County Project Manager or his designee. The parties agree, however, that any payments withheld for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. Page 2 of 10 8. SUBCONTRACTORS In the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 9. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 10. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 11. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, has conducted a sufficient investigation of the surface and sub -surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Page 3 of 10 Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 12. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the County. Page 4 of 10 13. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) for limits of not less than $1,000,000 per occurrence; and 2) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured. Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers ' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. 14. DEFAULT; TERMINATION A. FOR CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. Page 5 of 10 (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the County in completing the Project and for reimbursement of damages incurred. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, and does expressly waive, in the event of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit and the like. B. WITHOUT CAUSE Either party may terminate this Contract without cause at any time upon ninety (90) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work satisfactorily and responsibly completed through the termination date. Upon such termination, the Contractor waives any claims for damages from the termination without cause, including without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. 15. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where Page 6 of 10 based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 16. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 17. PRODUCTS OR MATERIALS WITH RECYCLED CONTENT Contractor is required to procure products or materials with recycled content with respect to Work performed or products supplied under the contract when those products or materials are available at reasonable prices. A decision to not procure such items must be based on a determination that such procurement: a) Is not available within a reasonable period of time; or b) Fails to meet the performance standards set forth in the applicable specifications or fails to meet the reasonable performance standards of the agency. Contractor shall provide the County with a written statement indicating what recycled products were used or supplied. If a decision was made not to use recycled products, Contractor shall provide County with a written statement indicating the basis for the decision using the above criteria. 18. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (2007) and as may be amended from time to time. 19. ASBESTOS -FREE MATERIALS Contractor shall not use any asbestos or asbestos -based fiber materials in the Work performed under this Contract. 20. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. In addition, the Contractor shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50% of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without Page 7 of 10 County's prior written consent shall be deemed a default subject to the remedies provided herein. 21. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: All Haul P.O. Box 14049 Ft. Pierce, Florida 34979 Phone: (772) 461-0101 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 22. NON -WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 23. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2007) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not Page 8 of 10 constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 24. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 25. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 26. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations 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 Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in count each of which shall be treated as an original upon the terms and conditions abov e BOARD OF COUNTY COMMISSIONERS E `! c ST. LUCIE COU f DA n BY: C * >~ CHAIRMAN c �Y' Page 9 of 10 WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: lvC� A55� COUNTY ATTORNEY ALL BY: Prin �Kv Page 10 of 10 jV Melissa Simberlund From: Ron Roberts Sent: Tuesday, March 09, 2010 11:17 AM To: Melissa Simberlund Melissa, below are the increases I believe All Haul should receive due to the increase in tipping fees. Roll off containers The typical 20 yard roll off containers brought to our facility contains 3.5 tons of waste. Therefore, it would be a $35.00 increase. As our tipping fee increased $10.00 per ton on C&D debris. 3.5 X $10.00=$35.00 Dumpsters The typical density of waste in a dumpster is 85-100 lbs. per cubic yard. Being conservative and using the 100 lb. Number the dumpster (an 8 yard container)would contain 800 lbs. of waste which equals 40% of a ton. The fee increased $9.00 perton. 40% of $9.00 is $3.60. Divide the $3.60 by the 8 yards the container holds and it equals 45 cents per cubic yard. Therefore, the increase for class 1 waste in dumpsters should increase 45 cents per cubic yard. I hope this is helpful. Ron Roberts Assistant Solid Waste Director Solid Waste Baling & Recycling Facility 6120 Glades Cutoff Road Fort Pierce, FI 34981 Office 772-462-1631 FAX 772-462-6987 1 Attachment "B" C08-05-231 FIRST AMENDMENT TO MARCH 13, 2008 CONTRACT BETWEEN ST. LUCIE COUNTY AND ALL HAUL THIS FIRST AMENDMENT made this day of 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and ALL HAUL, or his, its or their successors, executors, administrators and assigns, ("Contractor"). WHEREAS, on March 13, 2008, the parties entered into a Contract for the Contractor to provide exclusive solid waste collection and disposal services and recycling services for St. Lucie County facilities; and WHEREAS, the parties desire to amend the Contract to exercise the first one-year renewal option and allow for a increase in fees. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM of the Contract is hereby amended to read as follows: 6. TERM Unless terminated as provided for herein, the term of this Contract shall be for a period of three (3) years and begin on July 1, 2008 and continue through June 30, 2011. Upon mutual agreement, the parties may extend the terms of the Contract for one (1) additional one-year term upon the same terms and conditions. 2. Paragraph 7. CONTRACT PAYMENT of the Contract is hereby amended to read as follows: 7. CONTRACT PAYMENT The County shall pay the Contractor in monthly payments for the performance of this Contract at the rates set forth in the revised Exhibit "A" and "B", attached hereto and based on invoices provided to and approved by the County. The Contractor shall invoice each service location and all additional services individually. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the 1 Attachment "C" C08-05-231 Florida Statutes, Chapter 218.70, upon receipt of the certified and approved invoice from the County Project Manager or his designee. The parties agree, however, that any payments withheld for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 3. All other terms and conditions of the original Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: WITNESSES ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ALL HAUL By: Print Name: Title: 2 N d d LL !6 U) O a T) d N O M O a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 0 0 Ln O N Q) LC) f-- Ln -'T V O N I,- O O M LO Q7 r N r r Ln Lf) N O Ln N N N r Ln N Ih Ln N M N r CV r n O - r- r r N N Cc r M r EFT to EA 69 EA ER bl3 Efi psi Eii ER S9 69 CA 69 Cfi 69 fA EA Cf7 d3 EA fH EiT 64 EA N O O O O O O O O N N O O N N O O N N O N O N O N O N O O N N O N O N O N O N O N O N O N O N .d,. 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O n.. a) D U U J a) d H � N � a) CL � (A � ti Li LL > Q) a-U- a) 'C > a) -0 '> cu u- LL LL O T 0 m m o c m Z > Q (0 3 L 'y :a Ln O a) aa) 3 Q O > O 3 � _ O _ a) > c4 a3i C U `m c o o m Q a) a) a cm � ca > o _� O- Y CL U Li W m 0 � z _ I� CD co N O O CD O CD 0 CD cn N - X) CD LO Lo O cn O M In CO CD Lf) I CD In to f` O to mO V N O LC') O r M M r Lfl x a) E N C2 E x ` O U a Y c V p p EM. C O E (j O f0 � o ca y Y � C 'C N C C6 T CO O O L U a) m G C1 O o o ca m o a m Y rn m` a) 0 0 E= o O a) C� E LL 3 L Co m m a) 3 ULU v, = Q o 0 () 0 N N M CN N N CD N (` N CO N Q) N O M M N M M M M LO Cl) CO co O O 6 Cl) 3 0 z � N o � J � a) co M— REVISED EXHIBIT "B" RECYCLING SERVICE LOCATIONS AND RATES MONTHLY TOTAL MONTHLY SERVICE LOCATIONS CHARGE NUMBER OF FREQUENCY CHARGE PER RECYCLING RECYCLING CONTAINERS PER CONTAINER CONTAINERS OF PICK UP LOCATION Emergency Management Office Paper (90 gallon) $ 10.00 2 1 x Week $ 20.00 1 15305 W. Midway Road Ft. Pierce, Florida Tradition Field - Maintenance Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 2 527 NW Peacock Loop Port St. Lucie, Florida Tradition Field - Clubhouse Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 3 527 NW Peacock Loop Port St. Lucie, Florida Agriculture Complex Office Paper (90 gallon) $ 10.00 2 1 x Week $ 20.00 4 8400 Picos Road Ft. Pierce, Florida Mosquito Control Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 5 3150 Will Fee Road Ft. Pierce, Florida Fairwinds Golf Course Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 6 4400 Fairwinds Drive Ft. Pierce, Florida Walton Road Annex Office Paper (90 gallon) $ 10.00 3 1 x Week $ 30.00 7 1664 Walton Road Port St. Lucie, Florida Service Garage Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 8 3150 Will Fee Road Ft. Pierce, Florida Central Services - Maintenance Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 9 3071 Oleander Avenue Ft. Pierce, Florida South County Annex Office Paper (90 gallon) $ 10.00 3 1 x Week $ 30.00 10 250 NW Country Club Drive Port St. Lucie, Florida Morningside Branch Library Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 11 2410 SE Morningside Blvd. Port St. Lucie, Florida Roger Poitras Annex Office Paper (90 gallon) $ 10.00 18 1 x Week $ 180.00 12 2300 Virginia Avenue Ft, Pierce, Florida Public Defender Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 13 216 S. 2nd Street Ft. Pierce, Florida State Attorney's Office Office Paper (90 gallon) $ 10.00 8 1 x Week $ 80.00 14 411 S. 2nd Street Ft. Pierce, Florida Main Library Office Paper (90 gallon) $ 10.00 2 1 x Week $ 20.00 15 101 Melody Lane Ft. Pierce, Florida 7th Street Complex Office Paper (90 gallon) $ 10.00 2 1 x Week $ 20.00 16 437 N. 7th Street Ft. Pierce, Florida Health Department Office Paper (90 gallon) $ 10.00 2 1 x Week $ 20.00 17 714 Avenue C Ft. Pierce, Florida Page 1 of 2 REVISED EXHIBIT "B" RECYCLING SERVICE LOCATIONS AND RATES MONTHLY TOTAL MONTHLY SERVICE LOCATIONS CHARGE NUMBER OF FREQUENCY CHARGE PER RECYCLING RECYCLING CONTAINERS PER CONTAINER CONTAINERS OF PICK UP LOCATION Sheriffs Administration Bidg. Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 18 4700 W. Midway Road Ft. Pierce, Florida Hurston Branch Library Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 19 3008 Avenue D Ft. Pierce, Florida Road and Bridge Department Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 20 3071 Oleander Avenue Ft. Pierce, Florida SLC Health Department Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 21 5150 NW Milner Drive Port St. Lucie, Florida Media Relations Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 22 2300 Virginia Avenue Ft. Pierce, Florida Lakewood Park Library Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 23 7605 Santa Barbara Drive Ft. Pierce, Florida Clerk of Court Office Paper (90 gallon) $ 10.00 5 1 x Week $ 50.00 24 201 S. Indian River Drive Ft. Pierce, Florida Paradise Park Pool Commingled (Plastics/cans $ 10.00 1 1 x Week $ 10.00 25 2120 Juanita Avenue 90 gallon) Ft. Pierce, Florida May 1 - September 30 Only Lakewood Park Pool Commingled (Plastics/cans $ 10.00 1 1 x Week $ 10.00 26 5990 Emerson Avenue 90 gallon) Ft. Pierce, Florida May 1 - September 30 Only Open Space Pool Commingled (Plastics/cans $ 10.00 1 1 x Week $ 10.00 27 Avenue M & 13th Street 90 gallon) Ft. Pierce, Florida May 1 - September 30 Only Ravenswood Pool Commingled (90 gallon) $ 10.00 1 1 x Week $ 10.00 28 200 Ravenswood Lane Office Paper (90 gallon) $ 10.00 1 1x Week $ 10.00 Port St. Lucie, Florida Courthouse Commingled (Plastics/cans $ 10.00 4 1 x Week $ 40.00 29 218 S. Indian River Drive 90 gallon) Ft. Pierce, Florida Total Monthly $ 700.00 Amount *County reserves the right to increase or decrease the number and size of containers and locations, adjust container size, collection, frequency and number of containers at each location as needed. Periodic extra lifts (for special events, etc.) shall be at the same per cubic yard fee as above. These additional fees shall be noted separately on the monthly bill. Page 2 of 2 AGENDA REQUEST ITEM NO. VI — D3 DATE: 03/23/2010 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Permission to Advertise a Public Hearing BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1110-549000-100 Advertising PREVIOUS ACTION: September 22, 2009 - The Board held a Public Hearing and adopted the FY 2009- 2010 budget. RECOMMENDATION: Board authorization to advertise a public hearing to amend the fiscal year 2009 — 2010 budget. COMMISSION ACTION: (�) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( X ) Originating Dept. ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures Budget Manager Dan McIntyre (Name) ERD ( ) Jennifer Hill (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director t04__� DATE: March 23, 2010 SUBJECT: Permission to Advertise a Public Hearing ITEM NO. VI — D3 Backaround: The Office of Management and Budget is preparing to present a Budget Amendment to the Board for the purpose of recognizing the actual cash balances carried forward from the previous fiscal year. This amendment will also adjust current year revenue and expense estimates. Florida Statute 129.06 (f) requires the Board to hold a public hearing before amending the adopted budget in this manner. Recommendation: Board authorization to advertise a public hearing to amend the fiscal year 2009 — 2010 budget. ITEM NO. VI -El DATE: 03/23/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Man arj SUBJECT: Small Cities Community Development Block Grant (CDBG) Ranking BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001509-6420-549605-600 Small Cities CDBG PREVIOUS ACTION: August 5, 2008 — Board approval to submit grant application. May 19, 2009 — Board acceptance of grant contract. RECOMMENDATION: Board approval of Applicant Ranking List for the Small Cities CDBG grant. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) �I/ OMB Director v Budget Analyst Daniel S. McIntyre Originating Dept.4-( ) Beth Ryder �'� () t(o Marie Gouin Sophia Holt r. community Services MEMORANDUM TO: Board of County Commissioners r THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manage " DATE: March 23, 2010 SUBJECT: Small Cities Community Development Block Grant (CDBG) Ranking ITEM NO. VI — E1 Background: The Community Development Block Grant Program is a Federal program that provides funding for housing and community development. In 1974, Congress created the program by passing the Housing and Community Development Act, Title I. The national objectives of the program are to: • Benefit low- and moderate -income persons • Prevent or eliminate slum or blight • Address urgent community development needs The Housing Assistance Plan requires that the initial applications received during the advertisement period be ranked according to the attached point criteria, as approved by the Board and the Department ofro ed he Community nit al cranking list't'zens Advisory Task Force TF) met on CI ents who apply out de of the March 2, 2010 and app application advertisement period will be assisted. Recommendation Board approval of the Applicant Ranking List for the Small Cities CDBG grant. Attachment: Ranking Criteria Applicant Ranking List CATF Minutes APPENDIX A Point Values to be Used in Ranking Applicants Handicapped and elderly persons on fixed income within established (13 Points) very low income (VLI) guidelines Elderly persons on fixed income within established VLI guidelines (12 Points) Handicapped or disabled persons within established VLI guidelines (I I Points) Households with handicapped or disabled dependents within (10 Points) established VLI guidelines Handicapped and elderly persons on fixed income within established (9 Points) low to moderate income (LMI) guidelines Elderly persons on fixed income within established LNU guidelines (8 Points) Handicapped or disabled persons within established LMI guidelines (7 Points) Households with handicapped or disabled dependents within established LMI income guidelines (6 Points) Households within established VLI guidelines (5 Points) All others within established VLI guidelines (4 Points) Households within established LMI guidelines (3 Points) All others within established LMI guidelines (2 Points) Any homeowner or physical residence that has received state or federal housing assistance within the last 10 years regardless of age, handicap, (1 Point) or income level SHIP applicants that were previously approved but did not receive assistance due to lack of funds will have 4 points added to their calculated household score. In the event of a tie, the household with the largest number of residents shall prevail. If a tie still exists, then the household with the lowest income shall prevail. St. Lucie County Page 23 Housing Assistance Plan 0MER IDIAN cornrnunity services group, inc. MEMORANDUM March 2, 2010 TO: St. Lucie County Citizens' Advisory Task Force Members FROM: Meridian Community Services Group, Inc. CDBG Consultant for St. Lucie County SUBJECT: Ranking List I. CDBG Small Cities Applicant Ranking List 1. JC and Celie Mae Payne 2. Shirley Mckenzie 3. Charlie Williams 4. Richard Revels 5. Dwayne and Sabrina Phillips 6. Rochelle Morris 7. Ashlee Mattson 8. Gloria Willingham 9. Buddy and Debra Carter 10. Mary Preston 12pts, 2 Beneficiaries 12pts, 1 Beneficiary, income $7,866.00 12pts, 1 Beneficiary, income $9,888.00 11 pts 5pts, 5 Beneficiaries 5pts, 3 Beneficiaries 5pts, 2 Beneficiaries 4pts 3pts 2pts Minutes of Citizens Advisory Task Force (CATF) Meeting for March 2, 2010 This meeting was held at St. Lucie County Community Services Conference room Present: Clint Hines, Emma Loman, Sandra Gilfillan and Larry Coleman A meeting was held to approve the applicant ranking list for the Small Cities Community Development Block Grant. Clint Hines discussed an overview of the CDBG grant and the ranking criteria based on household size and the median income for the MSA area. A ranking list of applicants was provided to the CATF members and a unanimous vote was taken at 11:48 A.M. approving this list based on the following point values: Handicapped and elderly persons on fixed income within (13 Points) established very low-income (VLI) guidelines Elderly persons on fixed income within established VLI guidelines 12 Points) Handicapped or disabled persons within established VLI guidelines (I I Points) Households with handicapped or disabled (10 Points) dependents within established VLI guidelines Handicapped and elderly persons on fixed income within established low to moderate income (LMI) guidelines (9 Points) Elderly persons on fixed income within established LMI guidelines (8 Points) Handicapped or disabled persons within established LMI guidelines (7 Points) Households with handicapped or disabled dependents (( Points) within established LMI income guidelines Households within established VLI guidelines (5 Points) All others within established VLI guidelines (4 Points) Households within established LMI guidelines (3 Points) All others within established LMI guidelines (2 Points) Any homeowner or physical residence that has received state or federal housing assistance within the last 10 years (I Point) regardless of age, handicap, or income level. In the event of a tie, the household with the largest number of residents shall prevail. If a tie still exists, then the household with the lowest income shall prevail. The meeting was adjourned at 11:50 A.M. V ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services/Housing Division SUBJECT: Contract Cancellation BACKGROUND: See attached memorandum. VI-E2 03/23/10 PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY Jessica Parris , Housing Man r FUNDS AVAILABLE: 189201-6420-549605-600 Hurricane Housing Recovery Program PREVIOUS ACTION: May 26, 2009 — Board approval to award bid. June 29, 2009 — Board approval of Change Order 1. October 5, 2009 — Board approval of Change Order 2. RECOMMENDATION: Board approval to cancel contract C09-06-239 with Carmel Capital and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER A roved 5-0 Faye W. Outlaw, MPA pp County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( )� Budget Analyst Diel S. McIntyre Marie Gouin ,4� Sophia Holt Originating Dept. Beth Ryder y community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FR OM: Jessica Parrish, Housing Manage DATE: March 23, 2010 SUBJECT: Contract Cancellation ITEM NO. VI — E2 Background: On February 4, 2010, staff received a letter from Mr. John Bodiford requesting his replacement contract be cancelled due to time dons between the homeownea andelays, revision to the floor pin, ops the'co taactorain andues effort to and stress. Staff has mediated interact reach an amicable agreement, without success. Recommendation Board approval to cancel contract C09-06-239 with Carmel Capital and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Letter from Homeowner T oa Jay l�o 4FEB 19 12*51PM r ITEM NO. VI-E3 COT AGENDA REQUEST DATE: 03/23110 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: _. Jessica Parrish d SUBMITTED BY: Community Services/Housing Division Housing Ma ge i SUBJECT: Contract Cancellation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001113-6420-549605-600 Community Development Block Grant Disaster Program PREVIOUS ACTION: November 10, 2009 — Board approval of bid award. th RECOMMENDATION: Board approval nfor the Chairman tors sign documents asact C0-11-56 approved Carmel Capital tby theCounty authorization Attorney. COMMISSION ACTION: CONCURRENCE: () APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) 1'�`t°' AC -- Budget Analyst' Daniel S. McIntyre Marie Gouin . Sophia Holt Originating Dept_ Beth Ryder community Services MEMORANDUM TO: Board of County Commissioners .� THROUGH: Beth Ryder, Director _ -'"' '�-D FROM: Jessica Parrish, Housing Manager, DATE: March 23, 2010 SUBJECT: Contract Cancellation ITEM NO. VI — E3 Background: On August 29, 2009, a letter was sent to the State Historic Preservation Office (SHPO) seeking clearance on four properties. On October 28, 2009, staff received a letter from SHPO indicating that the proposed undertakings will not affect historic properties. With clearance from SHPO, an Invitation for Bid (IFB) was advertised on September 27, 2009. On October 6, 2009, a mandatory project review with contractors was completed. October 20, 2009, bids were evaluated in compliance with Carmel Capital. Housing Assistance Plan. On November 10, 2009, the Board approved the award to On March 1, 2010, staff received a letter from Carmel Capital stating that the home is in the Avenue D Historic District. This home will require an additional clearance from the Historic Preservation Board, resulting in additional expenses for the project. The next Historic Preservation Board meeting is April 26, 2010. Once approved by the Historic Preservation Board, the project will be re -bid. Staff is recommending cancellation of the contract with Carmel Capital to allow additional time to complete the Historic Preservation process and to accurately bid the project. Recommendation Board approval to cancel 1-586 with e County Carmel AttornCapital and authorization for the Chairman to sign documents as approved by t Attachment: Letter from Carmel Capital March 1, 2010 22 2 Ms. Vivian Plowden 426 N 13th Street Fort Pierce FL 34950 y1AR - 3 RE: Housing Reconstruction - 426 N 13th Street Dear Ms. Plowden: My firm has recently completed a comphrensive pre -development analysis of your project, and has discovered that your property is sited in the "City of Fort Pierce Avenue D Historic District"; St. Lucie County Community Services failed to correctly identify this in their original bid specifications and contract documents. The "Avenue D Historic District" requires architectural and building standards in excess of that identified in the original bid specifications and the construction standards identified in the St. Lucie County Housing Assistance Plan. To construct a single-family home in the District requires one to submit a preliminary site plan and architectural elevations adhering to these architectural requirements. Upon review of the site plan and elevations, the City of Fort Pierce Historic Preservation Board will render an opinion of said site plan and architectural elevations. If approved, we would then develop specific building plans from the elevations and submit them for a building permit. If not approved, we would continue to revise the elevations until they were accepted. Be advised that the approval of the Historic Preservation Board is subject to repeated iterative revisions at its sole discretion. Regrettably, there is no way to accurately quantify the cost of this design and approval process, as it is done at the discretion of the Historic Preservation Board. Preliminary estimates from my architects/engineers indicate that the design and approval process alone would cost between $7,500 and $20,000. Once a design was approved, we have to then have to estimate the additional cost to construct the home to meet said District requirements, a cost that cannot be estimated without plans. All these costs are in addition to the original budget and change order #l. In conclusion, please sptiak v: ith your -advisors and constn-fiction lender about how you would like to proceed. Be advised that if you choose to proceed, these costs would have to be incurred, in advance, by someone other the Carmel Capital LLC. For further information on the City of Fort Pierce Historic D!c`.-'rt, fec! T n'- `T ?'r /14f7 ^it}: rif Ft. Pierce Planning Depa. tmcnt. Your truly_ Jon Anthony President DeLuzio r-UCP Carinel Capital LLC PO Box 2318 Windermere FL 34786 407.346.7974 877,774.4297 fax Jon c carmel-capital.com cc: Jennifer Hac •- C • _ U_ il: e - t. Lucia_ �. Jlui,; � Oii::au:ii j c viCt,& CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BYE Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Manager SUBJECT: Interlocal Agreement with the Cities of Fort Pierce and Port St. Lucie BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Upon acceptance by the Board. PREVIOUS ACTION: December 22, 2009 — Board approval to submit application. RECOMMENDATION: Board approval of the Interlocal Agreement with the Cities of Fort Pierce and Port St. Lucie; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (�) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) �r OMB Director ( ) Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. Beth Ryder community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director;, FROM: Jessica Parrish, Housing Mana i DATE: March 23, 2010 SUBJECT: Interlocal Agreement with the Cities of Fort Pierce and Port St. Lucie ITEM NO. VI — E4 Background: The Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) will assist with Tropical Storm Fay damage. St. Lucie County has been allocated $8,058,428 to assist with damages to single family rental units, multifamily rental units, replacement rental housing, and flood and drainage activities related to Tropical Storm Fay. The funding breakdown is as follows: Administration $ 201,460 Engineering $ 242,075 Single Family Rental Rehabilitation $ 400,000 Multi -family Rental Rehabilitation $ 459,975 Replacement of Rental Housing $ 240,000 Harmony Heights Drainage Improvements $1,773,277 Subtotal for St. Lucie County: $3,316,787 Pinecrest Estates Flood and Drainage $ 400,711 101' Street Flood and Drainage Improvements $1,340,930 Subtotal for the City of Fort Pierce: $1,741,641 D-9 Canal Flood and Drainage Improvements $1,483,000 Hogpen Slough Drainage Improvements $1.517,000 Subtotal for the City of Port St. Lucie,, $3,000,000 The Interlocal Agreement with the City of Fort Pierce will allow the completion of flood and drainage activities within the Pinecrest Estates subdivision and along 101' Street. The Interlocal Agreement with the City of Port St. Lucie will allow the completion of flood and drainage activities along the D-9 canal and along Hogpen Slough. The improvements along Hogpen Slough are located near the Walton Road improvements recently completed by the County. item E4 March 23, 2010 Page 2 The funding cycle of this grant will be approximately two years beginning in June 2010. Community Services will be responsible for administration of the grant. Recommendation Board approval of the Interlocal Agreement with the Cities of Fort Pierce and Port St. Lucie; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Interlocal Agreement with the City of Fort Pierce Interlocal Agreement with the City of Port St. Lucie INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT PIERCE AND ST. LUCIE COUNTY FOR CONIlVIUNIT V DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDING THIS AGREEMENT is made and entered into this day of , 2010, by and between the City of Fort Pierce, a Florida Municipal Corporation ("Fort Pierce"), and St. Lucie County, Florida, a political subdivision of the State of Florida ("County"). WITNESSETH: WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into interlocal agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage; and WHEREAS, both Fort Pierce and the County are authorized by general law to provide for the health, safety, and welfare of citizens within their respective jurisdictions and now desire to make the R most efficient use of their powers by entering into this Agreement to serve their mutual best interests and advantage; and WHEREAS, Fort Pierce, and the County are eligible to apply for a Community Development Block Grant ("CDBG") Disaster Recovery Initiative ("DRI") Funding, from the State of Florida Department of Community Affairs ("DCA") in the form of Federal Housing and Urban Development ("HUD"), from the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329, approved September 30, 2008) which appropriated $6.5 billion in Community Development Block Grant funds for disaster relief, long-term recovery, and restoration of infrastructure, housing and economic revitalization directly related to the effects of the 2008 hurricane season disasters covered by Presidential disaster declarations; and WHEREAS, Fort Pierce desires the County to administer the CDBG DRI to the benefit of all, within funds available for activities such as housing, land acquisition, rebuilding, infrastructure, and economic revitalization necessary as a result of damage from the Hurricane season of 2008; and WHEREAS, an interlocal agreement is required if another local government will be providing required public services, or if a CDBG DRI-funded activity is outside the jurisdiction of the applying local government. NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, Fort Pierce and the County hereby agree as follows: I _ purpose. The purpose of this Interlocal Agreement is to designate that the County will be the lead agency and administer CDBG DRI funds awarded to the parties as a result of the 2008 hurricane season to the benefit of all. The complete Application for CDBG DRI Funding, including attachments and supplements, is attached hereto as Exhibit "A" and incorporated herein by reference. All activities will meet one of the three national objectives set out in the Housing Community Development Act (address slum and blight, urgent need, primarily benefit LMI persons). The grant funds will be used for infrastructure improvements to Pinecrest Estates and 10'h Street. 2. Administration. Fort Pierce agrees to allow the County to administer the CDBG DRI in conformance with all applicable HUD requirements, as administered by DCA, and as delineated more specifically in the Application, attached hereto as Exhibit "A", and in the Grant Award Agreement between the County and DCA. 3. Term/Termination. The term of this Agreement shall begin on the date the County executes an Agreement with DCA and on the date of filling with the Clerk of the Circuit Court of St. Lucie County, and shall expire as of the date the CDBG DRI is administratively closed out by the County. 4. Notices. In the event either party hereunder desires or is required to provide any notice to the other party, the party desiring or required to provide such notice shall provide it in writing, send it by certified mail, return receipt requested, postage prepaid, to the other party at the address listed below: 1) If to County: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With a copy to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 3482 Housing Manager 437 N 7' Street Fort Pierce, FL 34950 If to Fort Pierce: City Manager 100 N US 1 PO Box 1480 Fort Pierce, FL 34954 With a copy to: Department of Urban Development Director 100 N US 1 PO Box 1480 Fort Pierce, FL 34954 Public Works Director 100 N US 1 PO Box 1480 Fort Pierce, FL 34954 5. Modif cation. No modification, amendment, or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 6. Execution. This interlocal Agreement shall be executed in triplicate and each shall by considered an original. 7. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the parties to this interlocal Agreement. No right of cause of action shall accrue upon or by reason hereof inure to or for the benefit of any third party. 8. Assignment. This Agreement shall be binding on the parties, their representatives, successors and assigns. Neither party shall assign this Agreement or the rights or obligations hereof to any other person or entity without the prior written consent of the other party. 9. Indemnification. The County, as a state agency or subdivision defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either County or Fort Pierce, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28, Florida Statutes (2009), or any other similar provision of law. Nothing contained herein shall be construed to be consent by either party to be sued by third parties in any matter arising out of this or any other agreement. 10. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement, if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties continue to be effected. 11. Applicable Law/Disputes/Litigation. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Any dispute involving litigation between the County and Fort Pierce is subject to all provisions or Chapter 164, Florida Statutes. The parties agree that in the event of any litigation arising out of any alleged breach or non-performance of this Agreement, the venue for such litigation shall be in St. Lucie County, Florida. 12. Effective Date. This Agreement shall take effect upon filing a fully executed copy with the Clerk of the Circuit Court of St. Lucie County. IN WITNESS WHEREOF, the parties hereto have executed this agreement for the purpose herein expressed as of the date and year first written above. ATTEST: By: City Clerk CITY OF FORT PIERCE, FLORIDA By: Mayor APPROVED AS TO FORM AND CORRECTNESS: By: City Attorney n ATTEST: BOARD OF COUNTY COMNUSSIONERS OF ST. LUCIE COUNTY, FLORIDA By: By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ST. LUCIE AND ST. LUCIE COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDING THIS AGREEMENT is made and entered into this day of 201, by Florida Municipal Corporation ("Port St. Lucie"), and St. Lucie and between the City of Port St. Lucie, a County, Florida, a political subdivision of the State of Florida ("County"). WITNESSETH: WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into interlocal agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage; and WHEREAS, Port St. Lucie and the County are authorized by general law to provide for the health, safety, and welfare of citizens within their respective jurisdictions and now desire to make the most efficient use of their powers by entering into this Agreement to serve their mutual best interests and advantage; and WHEREAS, Port St. Lucie and the County are eligible to apply for a Community Development Block Grant ("CDBG") Disaster Recovery Program ("DRP") Funding, from the State of Florida Department of Community Affairs ("DCA") in the form of Federal Housing and Urban Development ("HUD"), from the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329, approved September 30, 2008) which appropriated 56.5 billion in Community Development Block Grant funds for disaster relief, long-term recovery, and restoration of infrastructure, housing and economic revitalization directly related to the effects of the 2008 hurricane season disasters covered by Presidential disaster declarations; and WHEREAS, Port St. Lucie desires the County to administer the CDBG DRI to the benefit of all, with funds available for necessary activities such as housing, land acquisition, rebuilding, infrastructure, and economic revitalization as a result of damage from the hurricane season of 2008; and 1 d if another local government will be providing WHEREAS, an interlocal agreement is require required public services, or if a CDBG DRI-funded activity is outside the jurisdiction of the applying local government. NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, Port St. Lucie and the County hereby agree as follows: I , Purpose. The purpose of this Interlocal Agreement is to designate the County as the lead agency to administer CDBG DRI funds awarded to the parties as a result of the 2008 hurricane season to the benefit of all. The complete Application for CDBG DRI Funding, including attachments and t "A" and incorporated herein by reference. All activities will supplements, is attached hereto as Exhibi meet one of the three national objectives set out in the Housing Community Development Act (address slum and blight, urgent need, primarily benefit LMI persons). It is agreed that at least seventy percent (70%) of the grant funds from this CDBG DRI will be committed to housing projects (restoration of disaster impacted affordable housing). This amount may be exceeded by countywide projects through the administration of this CDBG DRI. The remaining thirty percent (30%) of the grant funds will be used to assist infrastructure projects within the city limits of Port St. Lucie. 2. Administration. Port St. Lucie agrees to allow the County to administer the CDBG DRI in conformance with all applicable HUD requirements, as administered by DCA, and as delineated more specifically in the Application, attached hereto as Exhibit "A", and in the Grant Award Agreement between the County and DCA. 3. Term/Termination. The term of this Agreement shall begin on the date the County executes an Agreement with DCA and on the date of filling with the Clerk of the Circuit Court of St. Lucie County, and shall expire as of the date the CDBG DRI is administratively closed out by the County. 4. Notices. In the event either party hereunder desires or is required to provide any notice to the other party, the party desiring or required to provide such notice shall provide it in writing, send it by certified mail, return receipt requested, postage prepaid, to the other party at the address listed below: 2 If to County: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With copies to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Housing Manager 437 N. 7`" Street Fort Pierce, FL 34950 If to Port St. Lucie: City Manager 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34984 With a copy to: City Attorney 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34981 Community Services Director 121 SW Port St. Lucie Blvd Port St. Lucie, FL 34981 5. Modification. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 6. Execution. This Interlocal Agreement shall be executed in triplicate and each shall by considered an original. 7. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the parties to this Interlocal Agreement. No right of cause of action shall accrue upon or by reason hereof inure to or for the benefit of any third party. 8. Assignment. This Agreement shall be binding on the parties, their representatives, successors and assigns. Neither party shall assign this Agreement or the rights or obligations hereof to any other person or entity without the prior written consent of the parties. 9. Indemnification. To the extent permitted by law, each parties agrees to be fully responsible for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or 3 suits against either County or Port St. Lucie, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28, Florida Statutes (2009), or any other similar provision of law. Nothing contained herein shall be construed to be consent by either party to be sued by third parties in any matter arising out of this or any other agreement. 10. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement, if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties continue to be effected. II. Applicable Law/Disputes/Litigation. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Any dispute involving litigation between the County and Port St. Lucie is subject to all provisions or Chapter 164, Florida Statutes. The parties agree that in the event of any litigation arising out of any alleged breach or non-performance of this Agreement, the venue for such litigation shall be in St. Lucie County, Florida. 12. Effective Date. This Agreement shall take effect upon filing a fully executed copy with the Clerk of the Circuit Court of St. Lucie County. IN WITNESS WHEREOF, the parties hereto have executed this agreement for the purpose herein expressed as of the date and year first written above. ATTEST: By: City Clerk CITY OF PORT ST. LUCIE, FLORIDA By: Mayor APPROVED AS TO FORM AND CORRECTNESS: By: City Attorney 4 ATTEST: By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney 09 ITEM NO. VI-F1 06UNTY >' " F LORI D A DATE: 03l23/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor SUBMITTED BY: Parks and Recreation Department Parks Manager SUBJECT: Interlocal Agreement with St Lucie County Fire District for Emergency Medical Services (EMS) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 461-75201-534000-700 Tradition Field PREVIOUS ACTION: January 8, 2002 - BOCC entered into an Interlocal Agreement with the St. Lucie County Fire District to provide Emergency Medical Services personnel at Tradition Sports Complex. RECOMMENDATION: Board approval of the Interlocal Agreement between St. Lucie County and the St Lucie County Fire District to provide EMS personnel at Tradition Sports Complex as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) ( ) OTHER CONCURRENCE: DENIED Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director County Attorney (X) Budget Analyst ( X ) Dan McIntyre Originating Dept. ( X) J�`'� Purchasing (X) Debra R. Brisson M�lli; ��0101 Marie Gouin Patti Marston Melissa Simberlund IFJ COUNTY F L O R I D A Parks and Recreation MEMORANDUM TO: Board of County Commissioners THROUGH: Debra R. Brisson, Director p / FROM: Guy D. Medor, Parks Mary4'r---� DATE: March 23, 2010 SUBJECT: Interlocal Agreement with St Lucie County Fire District for Emergency Medical Services (EMS) ITEM NO. VI-F1 Background: Per our contract with Sterling Facilities (New York Mets), the County is required to provide EMS personnel for spring training and minor league games at the Tradition Sports Complex. In 2002, the County entered into an Interlocal Agreement with the St. Lucie County Fire District to provide said services at a rate of $25 per hour per EMS personnel. The St. Lucie County Fire District wishes to enter into a new agreement increasing the hourly rate to $35 per hour per EMS personnel. Thirty thousand dollars ($30,000) is budgeted annually in the Tradition Field operating budget for these services. Recommendation Board approval of the Interlocal Agreement between St. Lucie County and the St Lucie County Fire District to provide EMS personnel at Tradition Sports Complex as outlined in this agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. INTERLOCAL AGREEMENT (ST. LUCIE COS �T I' SPORTS COMPLEX - EMS SERVICES) THIS INTERLOCAL AGREEMENT made and entered into this _ day of 2010 b and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and ST. LUCIE COUNTY FIRE DISTRICT, an independent special district of the State of Florida (hereinafter referred to as the "Fire District"). WITNESSETH: WHEREAS, the County desires to use persons employed by the Fire District to provide emergency medical services during scheduled events at the St. Lucie County Sports Complex, hereinafter referred to as the" Sports Complex"; and, WHEREAS, the Fire District has agreed to provide Fire District employees to perform emergency medical services at the Sports Complex. NOW, THEREFORE, in consideration of the premises and undertaking contained herein, the parties hereto agree as follows: 1. .This agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. Upon request of the County, the Fire District shall provide a minimum of two (2) Fire District employees for major/minor league training and two (2) Fire District employees to perform emergency medical services during other scheduled events at the Sports Complex. The number of Fire District employees provided for each event at the Sports Complex may be increased or decreased as mutually agreed upon by the parties prior to each event. 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 Fire District thirty-five and 0/100 dollars ($35.00) per person for each hour of service. 4. The parties also agree as follows: a. Fire District employees will be in uniform and on scene thirty minutes prior to the event, and would not leave the stadium unless relieved by other personnel, or upon the event's conclusion as determined by the Stadium Manager. 1 b. The Fire District shall provide the dispensable items used for patient treatment (i.e.: Band aids, ice packs, etc.). C. Medical treatment reports shall be provided to the County for patients treated at the stadium, but will be submitted to the Fire District if a patient were to be transported to a hospital from the event. d. Fire District employees will be dismissed from the assignment and barred from future assigmnents for breaches of the Fire District's Code of Conduct, or rules established for the detail while working the detail. e. The County will supply radios to Fire District personnel for communications with Stadium Management. 5. On a monthly basis, the Fire District shall submit a bill to the County sufficient for audit purposes, clearly identifying the services provided. 6. Either the County or the Fire District may cancel and terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other party, and at that time, all responsibility and obligation under this contract will terminate. In the event of termination of this contract, the Fire District shall be reimbursed for all services rendered through and including the date of termination. 7. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 8. The Agreement may only be amended by a written document signed by both parties and filed with the Cleric of the Circuit Court of St. Lucie County, Florida. 9. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 2 With Copies to: Recreation and Parks Director 2300 Virginia Avenue Fort Pierce, Florida 34982 With Copies to: County Attorney 2300 Virginia Avenue Fort fierce, Florida 34982 If to Fire District: St. Lucie County Fire District 5150 NW Milner Drive Port St. Lucie, Florida 34983 10. This Agreement shall be filed with the Cleric of the Circuit Court in St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. Attest: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA: Deputy Cleric Charles Grande, Chairman ATTEST: W UNTY F L O R 1 Q A AGENDA REQUEST ITEM NO. VI-F2 DATE: 3123110 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debra Brisson SUBMITTED BY: Parks and Recreation Department Director SUBJECT: Interactive Water Feature at MLK/Dreamland Park BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 310205-7210-563000-7697 — Parks and Recreation Capital 129-7210-563000-7697 — Parks and Recreation MSTU PREVIOUS ACTION: August 8, 2008 — BOCC Agenda VI-E- Acceptance of FRDAP Grant Agreement for Improvements at MLK/Dreamland Park RECOMMENDATION: Board approval to advertise a Request for Proposal for an interactive water feature at MLK/Dreamland Park, approval of Budget Resolution #10-093 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: �) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director County Attorney (x) Budget Analyst (x) j(-V Daniel S. McIntyre Marie Gouin Robert O'Sullivan Originating Dept. (x) Purchasing (x) c Debra R. Brisson Desiree Cimino COUNTY F L O R I D A- , TO: Board of County Commissio rs FROM: Debra R. Brisson, Director DATE: March 23, 2010 Parks and Recreation MEMORANDUM SUBJECT: Interactive Water Feature at MLK/Dreamland Park ITEM NO. VI-F2 Background: On August 8, 2009, the BOCC accepted and approved a grant project agreement with the Florida Department of Environmental Protection, Florida Recreation Development Assistance Program (FRDAP) for improvements, including an interactive water feature, at MLK/Dreamland Park. At this time, staff is requesting approval to advertise a Request for Proposal for the interactive water feature and approval of Budget Resolution No. 10-093 to establish the FY 2011 budget for the project which was not included on the list of projects to be carried forward during last year's budget process. The total budget for the project is $221,346, $110,673 from the FRDAP grant and $110,673 from the Parks MSTU. Recommendation: Board approval to advertise a Request for Proposal for an interactive water feature at MLK/Dreamland Park, approval of Budget Resolution #10-093 as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. r RESOLUTION NO. 10-093 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 a Florida Department of Environmental Protection Grant in the amount of $110,673. 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 23`d day of March, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 310205-7210-334715-7697 Dept of Environmental Prot $110,673 APPROPRIATIONS 310205-7210-563000-7697 Infrastructure $110,673 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman Aye Commissioner Doug Coward, Vice Chairman Aye Commissioner Chris Craft Aye Commissioner Chris Dzadovsky Aye Commissioner Paula Lewis Aye PASSED AND DULY ADOPTED THIS 23`d DAY OF MARCH 2O10. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. VI-G DATE: 03/23/10 • ' REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY-,� Daniel J. Lutzke;l f SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate Health Care Final Invoice, FY 08-09, Late Billing. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Prison Health Services invoice number PHS0007293 for period of 10/01/08 to 09/30/09, in the amount of $12,874.48. COMMISSION ACTION: (X) APPROVED ( ) ( ) OTHER Approved 5-0 County Attorney ( X ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst (Da 'el S. McIntyre) Originating Dept. ( X) ,n ( aniel J. tzk ERD (X)� (Marie Gouin) (Name) NT Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: Carl Holeva, Human Resource rector FROM: Daniel J. Lutzke, Risk Manager, G Cf, DATE: March 23, 2010 SUBJECT: Prison Health Services Inmate Health Care Final Invoice, FY 08-09, Late Billing. ITEM NO. VI-G Background: Prison Health Services (PHS) acts as a third party administrator for prisoner health care and manages and pays for medical care expenses for incarcerated jail inmates that are provided off -site (outside the Jail). PHS is then reimbursed by the County in accordance with Florida Statutes that make the County responsible for payment of inmate medical services, including psychotropic drugs, whenever the inmate has no viable method of paying for medical services. This is the final FY 08/09 invoice and will be paid out of the current, FY 09/10 budget. The Board has previously approved inmate HIV medications payments of $147,759.23, prior FY 08/09 late -billed out -patient medical services of $410,923.16 and first quarter FY 09/10 outpatient medical services of $475,003.61. Those costs along with this invoice brings the total inmate medical cost FY 09/10 to date to $1,046,560.48. The Board has established a FY 09-10 total budget of $1,850,000 for inmate medical care. Alliance Medical Management, the Sheriffs Office medical consultant, has reviewed PHS Invoice No. PHS0007293 and supporting documentation and certified them to be correct as presented. Attachments Prison Health Services Invoice number PHS0007293 in the amount of $12,874.48. Alliance Medical Management certification of accuracy of Invoice Number PHS0007293. Recommendation Board approval for payment of Prison Health Services invoice number PHS0007293 for period of 10/01/08 to 09/30/09, in the amount of $12,874.48. Invoice Number: PHS0007293 Prison Health Services, Inc. 105 Westpark Drive, Suite 200 Brentwood, TN 37027 1-800-729-0069 ext. 338 iRB 914-91nAAS'l AGGREGATE CAP INVOICE St. Lucie County, FL Utilization and HIV Meds Aggregate Report for Contract Year: October 1, 2008 through September 30, 2009 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ 105,000.105,000.00 00 Annual Aggregate Total: $ 100% bill back over 105,000.00 Summary of Aggregate Calculation through 02/27110: Paid Claims Chemo-Transplant Mods Cancer Mods Pharmacy - HIV/Protease Inhibitors: Factor Mods Total Paid through 02/27110: Aggregate Limit (PHS responsibility) pro -rated 12 months: Total PHS responsibility Amount in excess of PHS responsibility due from St. Lucie County Less: Prior invoices related to current contract year $ 1,306,677.68 $ 440.00 $ 32.52 $ 413,798.55 $ 51,661.50 $ 1,772,610.25 $ 105,000.00 $ 105,000.00 $ 1,667,610.25 $ (1,654,735.77) Total amunt due this invoice $ 12,874.48 0,2 /09; 2010 w, Date: 3/9/2010 Mr. I )Art A. 1 ,nt7kP, (:1F', (:I )S, A W M. A W M-IJ 4t. Ludo C'toonty POC17 P.icL_ ld�ngo: 2300 Virginia Avenue Ft. Pierce, FL 34982 near Mr T 1it71CN- Thic letter is to inform yrni thAt T 1-iAvP ri-rPived PT40%' invoice ;�PHS 7293 dated 3/1 /20 10 for the amount of $12,874.48. It is the correct invoice amount for the Utilization & HIV Meds for 10/1/08 — 9/30/09 as of February 2010. Please let me know if I can be of further assistance, Alliance v L- 03/09/2010 TUE 14:58 (TX/RX NO 56481 Z 001 1 ranipottaton ITEM NO. VI-H pldAajo9 DATE: 03/23/10 l940126tion AGENDA REQUEST REGULAR ( ) ST. LUCIE URBAN AREA PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS ISEN ED Y: SUBMITTED BY: St. Lucie TPO Peter Buchwald, Executive Director SUBJECT: Resolution 10-091, Budget Amendment BACKGROUND: The St. Lucie Transportation Planning Organization has been granted a third partial authorization of planning funds in the amount of $84,716. These funds were budgeted in the second year of the Unified Planning Work Program (UPWP) covering July 1, 2009 through June 30, 2010. FUNDS AVAILABLE: #001188-1540 — pending BOCC approval. PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution 10-091 in the amount of $84,716. COMMISSION ACTION: (-() APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (X) Originating Dept. (X ) Coordination/Signatures CA Peter Buchwald CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director ( X) (n Budget Analyst U Marie ouin TaWonna Johnson Purchasing ( X )C Desiree Cimino Tromportation P1anei49 0r90e1SQUOR ST. LUCIE URSAN AREA St. Lucie TPO MEMORANDUM TO: Board of County Commissioners FROM: Peter Buchwald DATE: 3/23/2010 SUBJECT: Resolution 10-091, Budget Amendment ITEM NO. VI-H Backaround: The St. Lucie Transportation Planning Organization has been granted a third partial authorization of planning funds in the amount of $84,716. These funds were budgeted in the second year of the Unified Planning Work Program (UPWP) covering July 1, 2009 through June 30, 2010. Previous Action: N/A Recommendation: Board approval of Budget Resolution 10-091 in the amount of $84,716. RESOLUTION NO. 10-091 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation for the Federal Metropolitan Planning (PL) Funds for an additional amount of $84,716, this is the third partial authorization of PL funds. 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 23rd day of March, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001188-1540-331130-100 Federal Highway Administration $84,716 APPROPRIATIONS 001188-1540-531000-100 Professional Services $84,716 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 23rd DAY OF MARCH 2O10. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY "6� - AV Florida Department of Transportation STEPHANIE C. KOPELOUSOS CHARL[E CRIST 3400 West Commercial Boulevard SECRETARY GOVERNOR Fort Lauderdale, FL 33309-3421 February 26, 2010 ST. LUCIE TPO The Honorable Darrel Drummond, Chairperson St. Lucie Transportation Planning Organization 2300 Virginia Avenue RECEIVED Fort Pierce, FL 34982 Dear Commissioner Drummond: SUBJECT: St. Lucie Transportation Planning Organization (TPO) FY 2008/09 — FY 2009/10 Unified Planning Work Program (UPWP) FM No. 416351-1-14-01; Contract No. A5115; F.A. Program No. PL-0311(46) The St. Lucie TPO is authorized to expend up to an additional $84,716 of Federal Metropolitan Planning (PL) funds for its UPWP covering the July 1, 2009, through June 30, 2010, period. This is the third partial authorization of PL funds budgeted in the second year of the UPWP. The Department will provide the MPO with a Modification Letter(s) increasing the State's commitment to the remaining amount of PL funds budgeted for FY 2009/10 after the State's FY 2009/10 apportionment of PL funds is provided by the Federal Highway Administration (FHWA). This authorization is subject to: ■ Provision of the required matching amounts by the TPO and the State ■ Compliance with any conditions placed on individual UPWP tasks ■ Provision of all required documentation with requisitions. Please contact Arlene Tanis at 954-777-4651 if you have questions or need additional information. Sincerely, Ge O'Reilly, P.E. Director of Transportation Development District Four Attachment cc: teeter Buchwald, St. Lucie TPO Nancy Ziegler, FDOT Tamara Christion, FHWA Jeff Weidner, FDOT Yvonne Arens, FDOT Antonette Adams, FDOT Iman Ameen, FDOT Nikye Joseph, FDOT www. dot. state .fl .0 s ITEM NO. VI — I r DATE: 3/23/10 COUNTY • I . A- AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -ID ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Amy Mott, Environmental SUBMITTED BY: Environmental Resources Department Regulations Manager Environmental Regulations Division SUBJECT: Amendment to University of South Florida Contract for a Wetlands Inventory and Evaluation Study BACKGROUND: See attached memorandum. FUNDS AVAILABLE: $5,000 ERD Regulations 102-3920-531000-300 (approved) $20,000 ERD Administration 001-3921-531000-300 (approved) $20,000 Growth Management 001-15101-531000-100 (approved) $40,000 Mosquito Control 145-6230-531000-600 (approved) PREVIOUS ACTION: December 8, 2009 — BOCC approval of contract RECOMMENDATION: Board approval of an amendment to the contract with the University of South Florida, as outlined in the attached memorandum, and authorization for the Chairman to sign revised documents as approved by the County Attorney. COMMISSION ACTION: (J() APPROVED ( ) OTHER Approved 5-0 County Attorney (✓) ( ) DENIED Coordination/Signatures Dan McIntyre 1 Originating Dept. (✓j �� `x iS�e'n Smith Growth Mngt. (�f Mark Satterlee CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director/ Budaet Analvst Purchasing ( ) Mosquito Control ( V) Marie Gouin/ TaWonna Johnson 0 Melissa Simberlund Jim David Environmental Resources MEMORANDUM TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Director FROM: Amy Mott, Environmental Regulations Manage4w. DATE: March 23, 2010 SUBJECT: Amendment to University of South Florida Contract for a Wetlands Inventory and Evaluation Study ITEM NO. VI -I Backciround: On December 8, 2009, St. Lucie County authorized the University of South Florida (USF) to conduct a Wetland Inventory and Evaluation Study. The objectives of the Wetland Inventory and Evaluation Study are to provide up-to-date information on the status of wetlands in the County and to make recommendations for wetland protection and functional enhancement and revisions to the Comprehensive Plan and Land Development Code. ys The project was originally scheduled f USF, tlheed by contracttneedsrt O, 2010, however, due to be amended to reflect aenew commencing the project onthePart o completion date of December 31, 2010. Recommendation: Board approval of an amendment to the contract with University of South Florida as outlined in this memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. S C09-12-627 FIRST AMENDMENT TO DECEMBER 8, 2009 CONTRACT BETWEEN ST. LUCIE COUNTY AND UNIVERSITY OF SOUTH FLORIDA THIS FIRST AMENDMENT, is made and entered into this day of 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the " County") and UNIVERSITY OF SOUTH FLORIDA or his, its or their successors, executors, administrators, and assigns (the "Consultant"). WHEREAS, on December 8, 2009 the parties entered into a Contract for Consulting/Professional Services to provide for the Wetland Inventory and Evaluation Study; and, WHEREAS, the parties desire to amend the Contract to extend the completion date. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 2. TERM shall be amended to read as follows: 2. TERM The Consultant shall be available to commence services on this contract commencing on December 8, 2009 with completion by December 31, 2010. 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: Deputy Clerk WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 7-0 CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY UNIVERSITY OF SOUTH FLORIDA BY: Print Name: Page 1 of 1 SCOPE OF WORK St. Lucie County Wetland Inventory and Evaluation Study 1.0 SCOPE OF WORK St. Lucie County (the County) has requested that the University of South Florida (USF) prepare a Scope of Work and Payment and Delivery Schedule (Scope) to conduct a Wetland Inventory and Evaluation Study including recommendations to improve wetland protection and enhance wetland functions in the County. This Scope describes work to be performed by USls, Prin information, Investigators d an analysis of Subcontractors. USF will provide the County with existing wetland systems in the County, culminating in recommendations to protect and enhance existing wetlands .based on the best available technologies and scientific knowledge. 1.1 Objectives The objective of the Wetland Inventory and Evaluation Study is to provide up-to-date information on the status of wetlands in the County and to make. recommendations for wetland protection and functional enhancement, including recommendations for revisions to the Comprehensive Plan and Land Development Code (Comp Plan and County Code). Specifically, USF will: (1) develop a GIS tool to assist County staff engaged in ongoing wetland management and evaluation of proposed impacts; (2) assess the geographic extent and distribution of wetland types and the functions they perform; (3) assess the level .of regulatory protection afforded or not afforded to these wetland types; and (4) develop recommendations for improving the existing Comp Plan and County Code to clarify and/or improve wetland protections in the County. 1.2 Principal Investigators and Subcontractors Mark Rains, PhD (Principal Investigator and Technical Lead), is an Associate Professor of Ecohydrology in the Department of Geology at the University of South Florida. He teaches and conducts research on hydrologic processes and the roles that hydrologic processes play in controlling the structure and function of wetland, river, and estuarine ecosystems. Much of his current research is in Florida, with a long-term project on the on hydrologic processes and the roles that hydrologic processes play in controlling the structure and function of barrier island mangroves in St. Lucie County. He has over 15 years experience in consensus building at the intersection of science and policy in wetland regulatory programs. He has been actively involved in the development of functional assessment protocol, including HGM and related protocol that are central to many federal and state wetland regulatory programs, and his recent work is listed as the first and second items under "Relevant Studies & Data" on the US Environmental Protection Agency website that provides the current definition of "Waters of the United States" supject to regulation under the Clean Water Act. Thoma . Crisman, PhD (Co -Principal Investigator and Project Manager), is Professor of Fre water Ecology in the Department of Integrative Biology at the University of South Flon7a. He has 32 years experience working with wetland issues in Florida and throughout the subtropics and tropics. He is a broadly trained freshwater ecologist and focuses on the use of ecohydrology to develop watershed -wide management plans for increasingly limited water resources within the context of expanding human populations and associated water demands. Ecohydrology provides the perfect context within which to determine minimum ecosystem water requirements in terms of water quantity and quality and the depth, seasonal timing and temporal duration of water necessary to maintain sustainable wetlands within urbanizing landscapes. Prior to joining the University of South Florida in 2007 as Patel Professor of Environment, Dr. Crisman spent 30 years at the University of Florida. Kai Coshow Rains, PhD (Research Associate), is a Research Associate in the Department of Integrative Biology at the University of South Florida. She has over 17 years experience in natural resources, with specialties in soil ecology, plant ecology, plant taxonomy, mapping, and functional assessment. Her wetland expertise includes development of functional assessment procedures and extensive wetland mapping efforts, most of which are conducted over large areas using remote -sensing data in a GIS environment. Currently, Dr. Rains is active in development of rapid assessment procedures for use in SW Alaska. This process involves photo -interpretation, wetland classification, functional analyses, and field verification. William Kleindl, MS (Subcontractor and Senior Scientist), is President of Naiad Aquatic Consultants, LLC and is a certified Professional Wetland Scientist. He has nearly 20 years experience at the intersection of science and policy in wetland regulatory programs. He has been actively involved in the development of functional assessment protocol, including HGM and related protocol that are central to many federal and state wetland regulatory programs. He has expertise in GIS and remote sensing, and is currently working toward a PhD in remote sensing techniques for the assessment of wetland functions. 1.3 Background Wetlands share a number of characteristics, including periods of inundation or saturation and the presence of hydric soils and hydrophytic vegetation. In spite of these shared characteristics; wetlands occur under a wide range of climatic, geologic, and physiographic conditions and therefore exhibit a wide range of physical, chemical, and biological characteristics. This variability means that different types of wetlands perform different suites of functions, all of which collectively provide the myriad ecosystem services on.which communities rely. For example, riverine wetlands and closed -basin depressional wetlands perform different hydrologic functions which result in different ecosystem services. In riverine wetlands, water, nutrients, and organic carbon flow downstream, and can ultimately support food webs in estuaries and near -shore marine environments. In closed -basin depressional wetlands, water is stored in closed basins, and can ultimately flow into underlying aquifer systems, providing support to these important water resources. Unfortunately, there are few function -based wetland classification systems. For example, the Florida Land Use Cover Classification System (FLUCCS) is based largely upon land use and/or land cover characteristics. Therefore, if the vegetation were similar, then closed -basin depressional wetlands and riverine wetlands might both be classified as something like "620: Wetland Coniferous Forests", which does much to describe what these wetlands look like but does little to describe what functions these wetlands perform or the role those functions play in supporting related ecosystem services. In contrast, the hydrogeomorphic (HGM) classification system is specifically designed to classify wetlands into functional guilds, and therefore can be a critical tool for resource .managers managing large landscapes with diverse wetland resources. 2 A functional classification system can be particularly helpful because different kinds of wetlands are subject to different kinds of rules and regulations. There are numerous regulatory protections for wetlands at the federal, state, and local levels. However, these protections do not provide blanket coverage. Instead, these protections provide a patchwork of coverage that may fail to protect certain types of wetlands. This is particularly true following two recent decisions by the US Supreme Court. In 2001, the Court explored federal regulatory protections for isolated, intrastate, non -navigable waters in Solid Waste Agency of Northern Cook County v US Army Corps of Engineers (2001) (SWANCC). Five years later, the Court further explored federal regulatory protections for tributaries and adjacent wetlands in Rapanos v United States and Carabell v United States, which ultimately were consolidated into Rapanos v United States (2006) (Rapanos). Together, these decisions have generally weakened federal protections for closed -basin depressions and headwater streams and adjacent wetlands, both of which are abundant in the County. With this complex and shifting regulatory framework, the County needs tools and guidance to streamline and/or improve wetland protections at the County level. St. Lucie County currently uses a classification system based on size and hydrological connection described as follows: (1) Category I wetlands include any wetlands having hydrological connection to natural surface water bodies, any isolated wetland 20 acres or larger, or wetlands containing Strategic Habitat Conservation Areas as identified by the Florida Wildlife Conservation Commission; (2) Category 11 wetlands include any isolated wetlands which have been connected to other surface water drainage and are greater than or equal to five acres, or are less than 20 acres and do not qualify as Category I wetlands; and (3) Category III wetlands include isolated wetlands less than five (5) acres that do not qualify as Category I or II wetlands. This classification system is very useful in providing strong protection of Category I and II wetlands. Unless it is demonstrated by the developer that proposed impacts preclude all reasonable economically viable use of the property or would prohibit a reasonable public use of the property and which if applied would result in a compensable taking of the property no more than one percent of any Category I wetland or fifteen percent of any Category II wetland may be impacted. However, the system has several major shortcomings. Fundamentally protection of hydrologically connected wetlands should be a higher priority than protecting isolated wetlands, such as mangrove wetland protection versus isolated pasture depressional wetlands. However, the system may work to the contrary in some instances. For example greater protection may be provided to a connected but degraded pasture depressional wetland versus an isolated rare wet prairie. This is mainly due to the fact that the current system does not include a qualitative assessment component or consider functions and values of pre-existing wetlands. Additionally, the system does not require any improvements to or on -going maintenance of wetland function, merely the preservation of the wetland in its current state. Lastly, identification of Category I, 11, and III wetlands is required prior to staff review of all land development proposals, but the policy is ambiguous as to who provides that information (e.g., applicant or County) and which means is used (e.g., State or Federal determination of hydrological connectivity). 2.0 SCOPE OF WORK The Scope shall include the following tasks: Task 1: Project Management and Administration Task 2: Inventory and Classify Wetlands by Functions Performed Task 3: Describe the Extent and Regulatory Protections for Existing Wetland - Resources Task 4: Propose Revisions to Comp Plan and County Code 2.1 Work Breakdown Structure The keystone task is Task 2, Inventory and Classify Wetlands by Functions Performed. The products developed - in Task 2 will be used in Task 3, Describe the Extent and Regulatory Protections for Existing Wetland Resources. The analyses conducted during Tasks 2 and 3 will be used to complete Task 4, Propose Revisions to Comp Plan and County Code, Inventoryand Classify Wetlands by Functions Performed Describe Extent and Regu latory Protections for ExistingWet Iand Resources Propose Revisions to Comp Planand CountyCode. Figure 1. Work Breakdown Structure 2.2 Tasks 2.2.1 Task 1 — Project Management and Administration Objectives USF will provide the County, with regular progress and compliance documentation as described in the Deliverables, below. These status reports will be provided to assist the County in monitoring progress towards project objectives. Deliverables USF will provide monthly written progress reports and, if needed, weekly teleconferences. Status reports and meetings will not require cross -state travel and will be limited to 20 hours during the contract period. 2.2.2 Task 2 — Inventory and Classify Wetlands by Functions Performed Objectives USF will inventory and classify wetlands throughout the County. USF will assign each wetland digitized on the County baseline polygon layer to a primary functional type - based on HGM class. This product will support the spatial analysis of wetland functions 4 that is required to complete Tasks 3 and 4. To achieve these objectives, USF will perform the following sub -tasks. Task 2A - GIS-Based Summa of Wetland HGM Class USF will review existing County environmental geodatabase resources, identify a single baseline wetland layer (likely the FLUCCS layer), and identify probable wetlands among the polygons delineated on the baseline layer. Each of these wetland polygons will be assigned to one of six function -based classes: riverine, depressional, slope, flat, lacustrine fringe, and estuarine fringe. Each of these wetland polygons also will be assigned to a watershed to facilitate further analyses of impacts or potential impacts to wetland area and function throughout the County, as described below. The level of accuracy of the final product will depend upon the accuracy of the initial GIS layers provided to USF by the County. County staff will ensure the GIS database delivered to USF includes the most comprehensive layers and metadata appropriate to this effort available to the County. The existing GIS layer with the most comprehensive combination of land use attributes and wetlands/water bodies layers will serve as the baseline polygon layer. No modifications to polygon boundaries within the baseline polygon layer (i.e., "linework") are included in this Scope. The list below includes data to be provided by the County that may be required to complete this task. The list below is a draft and may be modified by mutual agreement, particularly if County staff is aware of data layers that are more comprehensive or otherwise more applicable to this project. All GIS layers will be in a single geodatabase and viewable using ArcGIS v9.2. County Boundary Layer olor and, if available, false -color infrared of current Aerial Imagery Layers: C conditions Aerial Imagery Layers: Color and, if available, false -color infrared of historical conditions • FLUCCS Layer(s), with accurate, comprehensive coverage of wetlands in the County NWI Layer, with accurate, comprehensive coverage of wetlands in the County Stream/Waterbody Layer Flood Zones Layer • Land Use Layer Applicable Hydrology Layers • Stormwater Layers • Land Ownership Layer Road Layer Zoning Layer Vegetation Layers • Approved Land Use Plan Layer State, County, and Municipal Park Layer ELAPP Layer Conservation Easement Layers Topography Layer NRCS Soils Layer Task 2B - Field Review A field review will be conducted to ground -truth the GIS-based inventory and classification described above. Field work will not include jurisdictional delineations or functional assessment scoring. Instead, this will be a random review to quantify the accuracy of the GIS-based inventory and classification. The field review also will provide background material and quality control for the written deliverables described in the following tasks. The field review will be limited to one trip totaling no more than five, ten- hour working days plus round trip travel times between USF and the County. The County will assist USF in gaining access to publically- and, if possible, privately -owned wetlands during the field review. Deliverables An electronic copy of the project geodatabase viewable using ArcGIS v9.2 which includes the new "probable wetland" and "functional type" attributes. 2.2.3 Task 3 — Describe the Extent and Regulatory Protections for Existing Wetland Resources Objectives USF will use the GIS tool developed in Task 2 to describe the geographic extent of wetland classes in the County and to describe the regulatory protections afforded to these wetland classes by the existing federal, state, and County regulatory apparatus. The focus will be on identifying gaps in protections and making recommendations for the enhancement in protections that could be implemented by the County. To achieve these objectives, USF will perform the following sub -tasks. USF will assess the geographic extent and distribution of wetland types and the functions these wetland types perform in the County. This summary is limited to current wetland conditions; it does not include a change -over -time analysis. This will provide the County with a snapshot of the geographic extent of wetland resources and functions performed by the wetland resources in the County at the time of this study. USF will evaluate the level of regulatory protection afforded County wetlands by the existing federal, state, and County regulatory apparatus. The analysis will consider possible reductions in the geographic extent of waters of the US, including wetlands, subject to federal regulation under the Clean Water Act following SWANCC and Rapanos regulatory decisions. The focus will be on identifying gaps in the existing federal, state, and County regulatory apparatus through which the County might lose certain types of wetland resources and functions. .Deliverables USF will provide a report documenting (1) the geographic extent of wetland classes in the County and (2) the regulatory protections afforded to these wetland classes by the existing federal, state, and County regulatory apparatus. 2.2.5 Task 4 — Propose Revisions to Comp Plan and County Code Objectives USF will work with directly with County staff to make specific recommendations for revisions to the Comp Plan and County Code. USF's recommendations will include the specific code the recommendation is targeting. USF will pay particular attention to recommendations for improving or changing the County's initial wetland categorization methodology to improve wetland protection during the first phase of the regulatory review process. The recommendations also will include a recommended methodology for assessing wetland functions and values and the rationale for the selection of the 6 methodology. The recommended method will enhance wetland protection while building on current federal and state regulations and methodologies. Once complete, USF will travel to the County to present the results of this study and the proposed revisions to the Comp Plan and County Code to the Board of County Commissioners (BOCC). This effort will not to exceed 88 hours. Deliverables USF will work directly with County staff to make specific recommendations for revisions to the Comp Plan and County Code through a series of telephone meetings and e-mail exchanges. USF also will review and comment on a first (90% complete) and final draft (100% complete) of proposed changes to the Comp Plan and County Code. Once complete, USF will give an oral presentation to the BOCC that includes a summary of the results of this study and subsequent recommendations for revisions to the Comp Plan and County Code. This presentation will be completed during a single visit to the County. 3.0 BUDGET The total proposed budget is $84,655. The payment and delivery schedule is listed in Attachment A, below. Task 1 Task 2 Task 3 Task 4 Total Cost Category Technical Lead $660 $4,180 $3,300 $1,540 $2,860 $3,960 $11,000 $6,600 .Project Manager Senior Scientists $880 $1,000 $220 $30,000 $7,750 $0 $38,750 GIS Specialist $0 $3,200 $2,000 $0 $0 $5,200 $1,800 Technical Editor $0 $100 $0 $3,186 $1,800 $400 $688 $4,374 Other Direct Costs $2,640 $40,786 $16,790 $7,508 $67,724 Total Direct Costs Total Indirect Costs $660 $10,983 $9,385 $84,655 Total Cost $3,300 $50, $20,988 ATTACHMENT A: PAYMENT AND DELIVERY SCHEDULE The schedule provided below is based on the assumption that contract negotiations will be completed and that a geodatabase (Section 2.2.2) will be delivered to USF before Mar 15, 2010. The Lump Sum Cost provided below is for the activities described in this Scope. To facilitate communication, requests for additional activities should be provided to USF by the County in writing. If the County requests activities that are not explicitly described in this Scope, then these will be considered outside the Scope and may require adjustments to the Cost. asK Ueliverables Due Date Payment 1 Compliance documentation Monthly Variable, to 2A Draft GIS tool for County review June 2010 $3, 300 $32,250 2B Final GIS tool for County use August 2010 $18,733 3 Report September $20,988 2010 4 Revisions to Comp Plan and County Code December $9,385 2010' Total $849655 This due date is subject to the schedule of County staff and the BOCC. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-A Date: March 23, 2010 Regular [ ] Public Hearing [X] Consent[ ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Ordinance No.10-013 - Amending Chapter 1-16.2 (Public Property) to establish standards and procedures for sale of Neighborhood Stabilization Program (NSP) properties BACKGROUND: See C.A. No. 10-0262 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board adopt Ordinance No. 10-013, as drafted. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures ✓� M County Attorneyt. & Budget:-44-4—/— 9 Daniel 5. McIntyre Marie Gouin Originating Dept.: t Other Beth Ryd r Finance (Check for Copy only, if applicable): Purchasing: Other : INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-0262 DATE: March 3, 2010 SUBJECT: Ordinance No. 10-013 - Amending Chapter 1-16.2 (Public Property) to Establish Standards and Procedures for Sale of Neighborhood Stabilization Program (N5P) Properties BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 10-013 which would amend Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled Laws to establish standards and procedures for the sale of residential properties acquired by the County under the Neighborhood Stabilization Program (NSP) to qualified buyers. Section 125.35, Florida Statutes, establishes the procedures for sale of county owned property. In addition to advertising for formal bids or proposals, Section 125.35(3) also authorizes a county to adopt alternative procedures subject to certain conditions. The proposed ordinance would waive the competitive bid or proposal requirement for N5P properties and authorize the conveyance of these properties to County residents meeting the program guidelines. In accordance with federal NSP guidelines, the sales price of an NSP property must be at or below the amount required to acquire the property plus the cost to rehabilitate the property or current appraised value, whichever is less. NSP properties may only be sold to individuals or households whose income does not exceed one hundred twenty percent (120%) of the area median income. In addition, the ordinance would permit the sale of NSP properties to non profit organizations at reduced or no cost if the organization will use the home to meet the residential needs of persons eligible under NSP. The County Administrator or her designee would be authorized to sign sales contracts with all deeds to be signed by the Chairman, or the Vice Chairman in his absence. The Community Services Department is charged with the responsibility for administration of the program. Permission to advertise was granted on January 29, 2010 and notice was published in the St. Lucie News Tribune on March 3, 2010. RECOMMENDATION/CONCLUSION: Staff recommends the Board adopt Ordinance No. 10-013, as drafted. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ , Copies to: County Administrator Community Services Director Management and Budget Director Housing Manager Property Acquisitions Manager ORDINANCE NO. 10-013 AN ORDINANCE AMENDING CHAPTER 1-16.2 (PUBLIC PROPERTY), OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, TO CREATE ARTICLE III (NEIGHBORHOOD STABILIZATION PROGRAM SALES STANDARDS AND PROCEDURES) TO ESTABLISH STANDARDS AND PROCEDURES FOR SALE OF NEIGHBORHOOD STABILIZATION PROGRAM PROPERTY PURSUANT TO SECTION 125.35, FLORIDA STATUTES (2008); CREATING SECTION 1-16.2-13 (PURPOSE); CREATING SECTION 1-16.2 -14 (COMPETITION AND QUALIFICATION STANDARDS); CREATING SECTION 1-16.2-15 (BID/PROPOSAL WAIVER PROCEDURE); CREATING SECTION 1-16.2 -16 (INFORMATION ON AVAILABLE COUNTY PROPERTY); CREATING SECTION 1-16.2 -17 (ELIGIBILITY DETERMINATION); CREATING SECTION 1-16.2-18 (CONSISTENCY WITH COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, Sections 125.35(1) and 125.35(2), Florida Statutes, provide for the sale of County owned real property subject to certain advertising requirements; and, WHEREAS, Section 125.35(3), Florida Statutes (2009) authorizes a county to adopt alternative procedures for the sale of county owned real property; and, WHEREAS, the County is participating in the Neighborhood Stabilization Program to acquire foreclosed residential properties in the unincorporated areas of the County and make them available to qualified residents of the County; and, WHEREAS, the County desires to adopt an alternative procedure in accordance with the provisions of Section 125.35(3) in order to provide for a more efficient and expedient sales procedure for properties acquired under the Neighborhood Stabilization Program (NSP). 1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-16.2 (PUBLIC PROPERTY) OF LAWS ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended by creating Article III (Neighborhood Stabilization Program Sales Standards and Procedures) to read as follows: ARTICLE III. NEIGHBORHOOD STABILIZATION PROGRAM SALES STANDARDS AND PROCEDURES Section 1-16.2-13 Purpose. The purpose of developing the Neighborhood Stabilization Program (NSP) is to acquire foreclosed and abandoned residential properties within the unincorporated areas of the County, rehabilitate them if necessary, and convey them to homebu ers meeting low and moderate income eligibility requirements. Section 1-16.2 -14 Acquisition Procedures. A. This Board hereby authorizes the County Administrator, or designee, to execute purchase contracts in accordance with established purchase procedures and all documentation necessary to complete purchase of NSP residential properties within St. Lucie County. The Community Services Director or, designee shall be responsible for administration of the NSP on behalf of the County. B. The purchase price of foreclosed properties under the NSP shall generally be less than current appraised market value The County shall adhere to the NSP requirements of minimum discounts for single property purchases and for bulk purchases. The Community Services Director, or designee is hereby authorized to acquire NSP properties on behalf of the County subject to the following conditions: 1. The Community Services Director or designee, shall utilize a form of agreement acceptable to the County Attorney for each property acquired. 2 2. The Community Services Director shall coordinate all aspects of the acquisition process including conducting due diligence on each property, negotiation of the ultimate acquisition price and closing of the real estate transaction 3. The Community Services Director, or designee shall evaluate each properly acquired and determine the scope of repairs for each home and coordinate the bidding process and contract award for renovation work on each unit requiring repairs 4. Properties shall be acquired in the name of St Lucie County apolitical subdivision of the State of Florida unless a different ownershioilis s ecificall authorized by the Board of County Commissioners Section 1-16.2-15 Sale of Properties The Board hereby authorizes the County Administrator or designee to execute sales contracts in accordance with established purchasing P-rocedures and all documentation with the exception of County Deeds necessary to complete the sale of NSP properties. The Board hereby authorizes the Chairman or the Vice Chairman in his absence to execute County Deeds for the sale of NSP properties The NSP provides for the eligibility and qualification standards addressing the disposition of acquired properties In conveying NSP properties to consumers the federal regulations provide eligibility criteria requiring the properties acquired by the County pursuant to the NSP shall only be sold to households that qualify under the following criteria: A. All properties made available for sale under the NSP shall be conveyed only to households whose income does not exceed one hundred twentv Dercent 120% of the area median income established for St. Lucie County by the United States De artment of Housing and Urban Development (HUD) B. To the extent practicable properties sold by the County under the NSP shall be f inanced through conventional or other, private -sector mortgage financing To that end properties acquired by the County under the NSP shall only be sold to households meeting the income and qualification criteria required by the NSP Preference shall be given to purchasers who also meet credit criteria of private lenders providing home mortgages to N5P home purchasers. Nothing in this ordinance is intended to preclude, however, the granting of down payment assistance principle buy down assistance or other assistance available through the County or any other public agency to an eligible buyer under any other assistance program 3 C. The Community Services Director, or designee, shall be responsible for providing notice of the availability for sale of N5P properties. These efforts may include the use of private -sector realtors and such realty -based services as the multiple listing service. In addition, the Community Services Director, or designee, shall provide information on the NSP to the citizens of St. Lucie County through educational outreach programs established by the Community Services Department or not for profit organizations. Interested applicants shall be encouraged to contact the Community Services Department or other source deemed appropriate by the Community Services Director, or designee, with access to the list of homes for sale and home loan eligibility criteria so that prospective home purchasers can determine whether they qualify to purchase a NSP property based on NSP income criteria and credit worthiness for private mortgage financing. D. In order to be eligible for purchase of a NSP property, a household must meet the income requirements of the NSP private lender financing program and the eligibility requirements for other public sector financial assistance. E. The Community Services Director designee shall notify qualified purchasers. Potential purchasers shall be assigned to a particular property on a first come, first considered basis. Upon submittal or reasonable qualification paperwork, said property shall be identified and removed from the list of available NSP properties maintained by the Community Services Department. Other persons expressing interest in a particular property shall be advised by the Community Services Department of other available properties and the application and qualification process(es). Section 1-16.2-16 Minimum Criteria for Conveyance. To meet the policy and time frame obligations of the NSP and the NSP Grant Agreement the following procedures will be followed with regard to the disposition and conveyance of the NSP properties: A. The Community Services Department may market homes to potential home buyers through a variety of public and private resources, including the local Multiple Listing Service (MLS) the St. Lucie County website and other public and private community facilities frequented by the public. The County shall work with not for profit organizations and private realtors to make program guidelines eligibility considerations, target areas and buyer qualification criteria known to public and private organizations which may present buyers of particular properties to the County. El B. In accordance with NSP regulations and the NSP grant agreement between the Florida Department of Community Affairs and the County, the sales price of all NSP properties shall be at or below an amount equal to the cost to acquire the property plus the cost to rehabilitate the home, or the current appraised value whichever is less C. Except as otherwise provided below, all NSP properties sold shall be sold only to households whose income does not exceed one hundred twenty percent (120%) of the area median income for St. Lucie County. D. The Board reserves the right under this ordinance to convey properties to qualified non-profit organizations for reduced or no monetary consideration if the Board declares said non-profit organization can serve the rental or home ownership needs of persons qualified under the income or other standards of the NSP Section 1-16.2 -17 Implementing Resolutions Authorized The Board hereby reserves unto itself the power, right and authority pursuant to this ordinance to adopt future implementing resolutions or procedures with regard to the acquisition of properties under the NSP program and the sale disposition and conveyance of NSP, as it deems necessary. Section 1-16.2-18 Information on Available County Property. Information on NSP property available for sale to eligible persons may be obtained from the County's Community Services Director, or designee Section 1-16.2 -19 Consistency with Comprehensive Plan and Land Development Regulations. The sale of any NSP property must be consistent with the St Lucie County Comprehensive Plan and land development regulations PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. �1 PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certif ied copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. 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 the date of adoption. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande XX Vice Chairman Doug Coward XX Commissioner Chris Craft XX Commissioner Chris Dzadovsky XX Commissioner Paula A. Lewis XX PART G. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codif ied. PASSED AND DULY ADOPTED this XX day of XX, 2010. 6 BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 7 ITEM NO. Vlll DATE: 03/23/10 AGENDA REQUEST REGULAR (X ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Lombard SUBMITTED BY: Administration/Tourism Tourism Development Manager SUBJECT: Tourist Development Council Capital Grant Funding Allocation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 362-5210-581000-500 PREVIOUS ACTION: Board approval of the 2010 Tourist Development Council Capital Grants Program implementation and application on October 20, 2009. RECOMMENDATION: Board determination for funding allocations to the top three applicants identified by the Tourist Development Council for the 2010 Tourist Development Council Capital Grant. Approved 5-0 Motion to approve the TDC recommendation of $300,000 to Backus Gallery & Museum $148,720 to Heathcote Botanical Gardens and $8,000 to the Tourist Development visitors center. Approved 5-0 Motion to send back to TDC a request to review and consider bonding or future TDC dollars for the UDT-SEAL Museum moving forward with a preference that they find a way to fund it this year if at all possible. APPROVED ( ) DENIED ( ) OTHER County Attorney ( ) Name) ctir, I e 1 S. Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director Budget Analyst X j rn(Name) 'JS�T(Name) Originating ,pept. ( ) 7(Name) ERD ( ) L Ov►^--ha_Vj (Name) Administration/Tourism MEMORANDUM TO: Board of County Commissioners THROUGH: Faye Outlaw, MPA, County Administrator FROM: Charlotte Lombard 0- Administration/Tourism DATE: March 23, 2010 SUBJECT: Tourist Development Council Capital Grant Funding Allocation ITEM NO. Vill Background: On Monday, November 1, 2009, the Tourist Development Council (TDC) capital grant program was opened to the public. The Tourism Office received nine eligible applications. On Wednesday, February 10, 2010, the TDC reviewed, discussed and evaluated the applications. Based on the scoring system outlined in the criteria for evaluation in the TDC Grant Handbook, the top three applicants (note the tie for second place) were recommended for funding. Pursuant to the TDC Grant Handbook, a funding system was created to determine the funding eligibility amount based on points earned. However, the Board reserves the right to award a higher or lower percentage of funds. Funding System: Average Score Maximum Funding Eligible (% of funds requested) 0-68 points 60% 69-76 points 70% 77-84 points 80% 85-92 points 90% 93-100 points 100% In a subsequent meeting on Wednesday, March 10, 2010, the TDC unanimously voted and recommended that the Board fully fund the number one candidate, the Backus Gallery & Museum. The TDC also advised that the Board determine the allocation of the remaining funds amongst the other two candidates. The TDC emphasized the importance of ensuring that the remaining grant funds that are awarded be put to use by the organization in short order. Top Three Applicants for the TDC Capital Grant: Funding Eligibility Amount Organization Average Score Amount Requested 81 points $300,000 80% or $240,000 Backus Gallery & Museum p 70% or $280,000 Nat'l Navy UDT-SEAL Museum 73 points $400,000 70% or $104,104 Heathcote Botanical Gardens 73 points $148,720 The total amount of funding available for the grant is $411,000. Recommendation Board determination for funding allocations to the top three applicants identified by the TDC for the 2010 Tourist DevOopment Council Capital Grant. ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Wednesday March 10, 2010 012:30 P.M. MINUTES Members present: Commissioner Doug Coward, Chairman Commissioner Tom Perona, City of Fort Pierce Marilyn Minix, Road Runner Travel Resort Michelle Valvano, Perfect Drive Golf Villas Pam Haney, Holiday Inn Express Members absent: Councilwoman Linda Bartz, City of Port St Lucie Christopher Egan, Vistana's Beach Club — Sheraton PGA Jill Hanson, Residence Inn by Marriott Paul Taglieri, St. Lucie Mets Staff present: Charlotte Lombard, Tourism Development Manager Katherine Mackenzie Smith, Assistant County Attorney Charline Burgess, Executive Aide to Commissioner Coward Jennifer Garrity, Recording Secretary Also present: Jack Connolly, Art in Public Places Loretta Millan, St. Lucie County Chamber of Commerce Tom Colucci, Treasure Coast Sports Alan Gallo, TCSC / Peak Technology Group Al Rivett, BOCC Candidate Jim Masterson, FAU Harbor Branch Oceanographic Kelly & Joe Holiday, St. Lucie Prof. Art League Pat Simmons, American Cancer Society Juan Azlona, TC Xperience Guide.com Joe Seiler, Hampton Inn & Suites 1. CALL TO ORDER: County Commissioner Doug Coward called the meeting to order at 12:38 p.m. 2. ROLL CALL: Jennifer Garrity called roll. 3. SELF INTRODUCTION OF GUESTS: Attending guests identified themselves. 4. APPROVAL OF MINUTES The minutes from February 10, 2010 were approved unanimously. Tourist Development Council Meeting 0 March 10, 2010 5. FINANCIAL Charlotte Lombard reported that the January 2010 numbers were $199,466.00 which is down 3% from January 2009. 6. SPORTS TOURISM UPDATE Tom Colucci gave a presentation on their new website. The website is www.treasurecoastsports.org. Discussion ensued. 7. TDC CAPITAL GRANT UPDATE Michelle Valvano made a motion to recommend fully funding the number one candidate, Backus Museum, and let the County Commissioners decide how to distribute the remaining funds amongst the number two candidates, Heathcote Botanical Gardens and the National Navy UDT-SEAL Museum. Commissioner Coward made an amendment to the motion to clarify and emphasize in regards to the TDC Grant, to highlight the importance of making sure that if those monies are invested, that the funds be put to use in short order. Tom Perona seconded the motion. Unanimously approved. 8. PUBLIC COMMENT Juan Azlona from TC Xperience made a presentation of a local map of attractions and hotels that his company is in the process of publishing. Al Rivett asked for an update on the monies spent on the renovation of the Airport. Pat Simmons made an announcement about the April 30 Relay for Life held at Tradition Field. 9. ADJOURNMENT The meeting adjourned at 1:44 P.M. Page 2of2 ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Wednesday February 10, 2010 0 12:30 P.M. MINUTES Members present: Commissioner Doug Coward, Chairman Commissioner Tom Perona, City of Fort Pierce Councilwoman Linda Bartz, City of Port St Lucie Marilyn Minix, Road Runner Travel Resort Christopher Egan, Vistana's Beach Club — Sheraton PGA Jill Hanson, Residence Inn by Marriott Pam Haney, Holiday Inn Express Members absent: Michelle Valvano, Perfect Drive Golf Villas Staff present: Charlotte Lombard, Tourism Development Manager Katherine Mackenzie Smith, Assistant County Attorney Charline Burgess, Executive Aide to Commissioner Coward Jennifer Garrity, Recording Secretary Debra Brisson, SLC Parks and Rec. Summer Ivey -Platt, SLC Parks and Rec. Sue Munyan, SLC Ag. Dept. James Oppenborn, St. Lucie County Public Works Also present: Erica Byfield, Comet Creative, Inc. George Byfield, Comet Creative, Inc. Jack Connolly, Art in Public Places Loretta Milian, St. Lucie County Chamber of Commerce Tom Colucci, Treasure Coast Sports Betty Jean Andrianoff, Steam Locomotive Assoc. #253, Inc. Michael Howard, National Navy Seal Museum Cris Adams, Heathcote Botanical Gardens Arlene Hall, Dr. MLK Commemorative Committee John Daly Mickey Finns Mary Butler, Dr. MLK Commemorative Committee Jim VanLandingham, Heathcote Botanical Gardens Jim Masterson, FAU Harbor Branch Oceanographic Craig Mundt, National Navy UDT Seal Museum Robin Dannahower, Backus Museum Kathleen Fredrick, Backus Museum Jack Aylor, FAU Harbor Branch Oceanographic LeeAnn Adams, Adams Ranch Bud Adams, Adams Ranch Chuck Jouansen, Heathcote Botanical Gardens Amy Dahan, Heathcote Botanical Gardens Miriam Charles, Heathcote Botanical Gardens Jeffery William Smith, Steam Loco Assoc. #253 Tourist Development Council Meeting 0 February 10, 2010 Gloria Moore, Heathcote Botanical Gardens Kathryn Hensley, SLC School Board Odaly Victorio, Workforce Solutions Bret McCain, Spot On, LLC Peggy Berg, Backus Museum Jon Ward, FPRA/City of Fort Pierce Margaret Benton, Lincoln Theater/ Dr. MLK Comm.Committee Thea Bullard, Equestrian Committee Kelly & Joe Holiday, St. Lucie Prof. Art League Ryan Strickland, St. Lucie Mets John Wilkes, Sunrise Theatre 1. CALL TO ORDER: County Commissioner Doug Coward called the meeting to order at 12:33 p.m. 2. ROLL CALL: Jennifer Garrity called roll. 3. SELF INTRODUCTION OF GUESTS: Attending guests identified themselves. 4. APPROVAL OF MINUTES The minutes from January 13, 2010 were approved unanimously. 5. FINANCIAL Charlotte Lombard reported that the December 2009 numbers were $141,314.00 which is up 1% from December 2008. The year to date revenue is $115,477.00 which is down 16% from last year at this time. Direct expenses are down to $113,096.00 which is 65% decrease from last year. 6. Capital Grant Review, Evaluation & Discussion A: Five minute Presentations, Q & A 1. Heathcote Botanical Gardens Presentation — Cris Adams 2. Steam Locomotive Association #253 — Betty Jean Andrianoff 3. Backus Gallery & Museum — Kathleen Fredrick 4. National Navy UDT-Seal Museum — Michael Howard & Craig Mundt 5. FAU/Harbor Branch Ocean Discovery Center — Jim Masterson 6. St. Lucie County Parks & Recreation/Equestrian Committee — Debra Brisson 7. Dr. Martin Luther King, Jr. Commemorative — Margaret Benton 8. St. Lucie County Public Works — James Oppenborn 9. City of Fort Pierce, Sunrise Theatre — Jon Ward Page 2 of 4 Tourist Development Council Meeting 0 February 10, 2010 B. Evaluations/Scoring — TDC Members C. Score Calculations — Charlotte Lombard D. Announcement of Applicant Scores 1. Backus Museum 81 pts., 2. Heathcote Botanical Gardens 73 pts., Navy UDT- Seal 73 pts. 4. Sunrise Theatre 70 pts., 5. FAU/Harbor Branch 67 pts., 6. St. Lucie County Parks & Rec. Equestrian 57 pts., 7. St Lucie County Artificial Reefs 41 pts., 8. Steam Locomotive 36 pts., 9. MLK Commerative Committee 35 pts. E. Announcement of Eligible Projects and Funding Top three applicants were chosen to be recommended to the Board of County Commissioners for funding. 1. Backus Museum, 2. Heathcote Botanical Gardens, & 3. Navy UDT Seal Museum. F. Open Discussion of Funding Recommendations Deferred to Board of County Commissioners. G. Final Funding Recommendations Chris Egan made a motion to recommend the top three listed applicants as put forth by staff which is based on our input guidelines in the application process. Linda Bartz seconded the motion. Unanimously approved. 7. Other Business / Public Comment 8. General Public Comments - John Wilkes from Sunrise spoke of upcoming events. - Kathleen Fredrick from Backus gave update on upcoming events at the Backus Museum. - Amy Dahan from Heathcote Botanical Gardens gave update on upcoming events at the Gardens. - Jeffery William Smith from Steam Locomotive Association spoke of an annual event held in September. - Kelly Holiday spoke of a plant sale at the Port St. Lucie Botanical Gardens. - Linda Bartz spoke of a plant sale and the opening of the Port St. Lucie Botanical Gardens. - Jim Masterson from FAU/Harbor Branch spoke of the Ocean Science Lectures. Page 3 of 4 Tourist Development Council Meeting 0 February 10, 2010 Jill Hanson from Residence Inn spoke of Business After Hours at the Residence Inn. Ryan Strickland from the Mets spoke of opening day and spring training workout open to the public. Erica Byfield from Comet Creative spoke of the Spring Training VIP Mets Promotion. 9. ADJOURNMENT The meeting adjourned at 3:25 p.m. Page 4 of 4 These additional facilities must be publicly owned and operated or by contract as allowed pursuant to 125.0104 (5) (a) (1): • tourist information centers • convention bureaus • convention centers • convention center hotels and appurtenant facilities such as walkways and meeting facilities • auditoriums or coliseums • sports stadiums or sports arenas Eligibility Documentation Requirements 1. a) Be a not -for -profit, federally tax-exempt Florida corporation headquartered in St. Lucie County; or b) Be a unit of local government in St. Lucie County; Criteria for Evaluation Once received, submittals will be reviewed and ranked by the TDC based upon objective criteria. It is anticipated that the TDC will recommend a short list of applicants to the Board of County Commissioners (Board) and upon approval, conduct interviews with the shortlisted applicants to establish a final ranking recommendation for authorization to enter into contracts with one or more of the top ranked applicants. The Board reserves the right to reject any and all proposals and to select any firm(s) which, in its sole judgment, it believes is the best qualified to perform the work required. The Board also reserves the right to award higher or lower percentage of funds than requested by applicants. The Board may grant multiple awards. Eligible applications will be evaluated based on four (4) general criteria and assigned points on a scale. This scale is a guideline and the Board reserves the right to award based on the Board's determination of which organization will have the greatest impact. The scoring scale is described below: Maximum Points Available • Scope of Work and Project Readiness 20 • Organization and Programs 20 • Matching Funds 20 • Project Impact on Tourism 40 Total Possible Points 100 2 Scope of Work and Project Readiness: Under this criterion, project will be assigned up to a maximum of 20 points based on the following factors: a) Project description b) Overall context, if this request is part of a larger project, please describe the larger project and how this component is integrated c) Types of, and justification for facilities involved in the plan d) Documented need for expansion, renovation or construction e) Describe how requested funds will enable completion of proposed project f) Budget for project — please provide a basic budget breakdown for the project, including matching funds g) Any in -kind services for the project — provide documentation using the In -Kind Time/Services Contributions form h) Project schedule 1. Completed preliminary drawings (i.e. architectural design, engineering plans) 2. Status of construction documents 3. Schedule for obtaining necessary permits 4. Timetable for project completion Matching Funds: Under this criterion, project will be assigned up to a maximum of 20 points based on the applicant's ability to substantiate any or all matching funds of the requested grant amount. The organization's matching funds may include: a) Cash on hand b) Funds from other sources (e.g. grants, signed pledges) 1. Submit copies of letters of commitment(s) to substantiate matching funds from individuals, corporations, other government grants, etc. 2. If the applicant is providing match through cash revenues, a letter must be written to this effect and signed by the head officer and/or treasurer of applicant organization and submitted in the application Points in this category will be awarded based on the following structure: • 0-25% matching funds of requested grant amount: 5 points • 26-50% matching funds of requested grant amount: 10 points • 51-75% matching funds of requested grant amount: 15 points • 76-100% matching funds of requested grant amount: 20 points For example, if the requested grant amount is $100,000 and applicant substantiated matching funds in the amount of $15,000 (15% match), applicant would be given 5 points in this category. If applicant substantiated $37,000 (37% match), applicant would be given 10 points, etc. 3 Organization and Programs: Up to a maximum of 20 points will be assigned to projects under this criterion based on the following factors: a) Employment of professional staff for the provision of programming and services b) Demonstration of effective record administration with other grants (if applicable) c) Documentation of sustained fiscal stability of organization requesting funds d) Proven ability to successfully execute/complete related projects e) Clear plan of the means by which the facility will be maintained and operated after completion. Provide (1) description of who will operate and maintain the facility (2) the anticipated first full year of operating and maintenance costs, (3) the operations plan and hours of operation to the public and (3) the source for these funds. f) Provide documentation of how this organization has impacted tourism in the past (if applicable) Project Impact: Up to a maximum of 40 points will be assigned to projects under this criterion based on the following factors: a) Clear definition of how the project will contribute to new or improved tourism programming and services in the area it will serve. 1. Demonstrates opportunities for tourism development 2. Has multi -county or state impact 3. Has national or international impact 4. Has high visibility b) Demonstrate how the project will appeal to St. Lucie County's key tourism segments (i.e. fishing/boating/diving, arts/culture, sports tourism, ecotourism) or create a new one (uniqueness) c) Relationship to tourism — please include a detailed description of how this project relates to the development of St. Lucie County as a tourism destination d) Method to track out -of -county attendance and room nights generated e) Provide an estimated annual economic impact to the county for events and/or other activities held at the facility Funding Cycle November 1, 2009 Advertise grant availability January 15, 2010 Application deadline to Tourism Office Jan. 15, 2010 —Jan. 29, 2010 Staff review of applications for eligibility February 1, 2010 Applications to TDC for review February 10, 2010 TDC Meeting to review / recommend grants March 2010 Board of County Commissioners approval of grants The above is just a guide and the County reserves the right to extend any and all parts of the cycle. 4 a 4 ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL CAPITAL GRANT PROGRAM APPLICATION 1. Name of Applicant Organization: A. E. "Bean' Backus Gallery and Museum, Inc. 2. Street: 500 North Indian River Drive 3. City: Fort Pierce, State: FL Zip Code: 34950 4. Person Managing the Grant: Kathleen Fredrick E-mail: director@backusmuseum.com 5. Title: Executive Director Phone: 772-465-0630 6. Project Title and Brief Description of Project: The A. E. Backus Gallery and Museum, with a 50 year, proven track record, will be expanding from 5,000 to 22,000 square feet. Funds will be used for phase one expansion adding an additional 4,500 square feet to the existing facility. 7. Area of Project Impact: St. Lucie County, also state and national 8. Describe the Method by which the TDC will be acknowledged: Recognized on all printed materials produced about expansion. Web camera viewing construction. Credit on Backus Website. Permanent plaque honoring the TDC in the main lobby of the building. 9. Estimated Project Start of Construction and End Dates: Start Date: May 1, 2010 End Date: Not certain, but TDC funds will be committed and spent within 12 months. 10. List any other grants received (date, type, amount): St. Lucie County Cultural Affairs Grant for $1,000 in 2006 for 21st Annual Backus Festival 11. If the full amount requested cannot be awarded, can the program be restructured to accommodate a smaller award? Yes X No 12. Amount of TDC funds requested: $300,000 Amount of organization match: $450,000 Total project (a + b): $750,000 13. Si na ure of Organization's Chief Official 1 i ' Hinkle, Vice President Typed/Printed Org. Official Signature of Organization's Chief Dan Nelson, Treasurer Typed/Printed Org. Official A. E. "Bean" Backus Gallery and Museum, Inc. Grant Request to the St Lucie County Tourist Development Council GRANT APPLICATION: GRANT SUMMARY SHEET 1. List each line item in the proposed grant project and very briefly describe. 2. List the total cost for each line item, the applicant portion of the cost and the TDC funds requested for each line item where applicable. Line Item Total Applicant TDC And Brief Description Cost Match Match Exhibit Hall (2,000 Square Feet) $300,000 $300,000 Exhibit Hall (500 Square Feet) $75,000 $75,000 Vestibule (65 Square Feet) $9,750 $9,750 Entry Lobby (200 Square Feet) $30,000 $30,000 Reception (300 Square Feet) $45,000 $45,000 Washroom (Female - 175 Square Feet) $26,250 $26,250 Washroom (Male -175 Square Feet) $26,250 $26,250 Hurricane Vault (150 Square Feet) $22,500 $22,500 Janitor's Closet (30 Square Feet) $4,500 $4,500 Hallways— Misc. Space (866 Square Feet) $129,900 $129,900 Professional Fees $80,850 $80,850 ti A. E. "Bean " Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council C' Proposal Summary: Give a brief overview of what is planned - goals and objectives. After 50 years of operating, the A. E. Backus Gallery and Museum is poised to become the region's most important cultural gem by transitioning from what began as a modest art gallery to a full-scale art museum. At this time, the current building that the Backus is housed in does not meet museum accreditation standards because of limited space and inadequate structural requirements. As a result, the Backus will be expanding its facility from 5,000 to approximately 22,000 square feet to include state-of-the-art infrastructure that will meet accreditation requirements. This grant request will enable the Backus to implement its first phase of expansion constructing 4,500 square feet of museum exhibit space. Goals are to: 1) further the advancement, improvement, and promotion of tourism and increase "heads on beds' in St. Lucie County; 2) bring the facility up to museum accreditation standards to meet temperature, humidity, security, and light controls; 3) allow the current Backus and Highwaymen original painting collections to be permanently displayed; and 4) attract nationally and internationally acclaimed works of art to St. Lucie County. History of Organization: The A. E. Bean Backus Gallery and Museum, Inc. (Backus), a 5,000 square foot visual arts facility, was established in 1960 by Albert E. Backus, the preeminent Florida landscape artist, and a group of local art enthusiasts. Florida Hall of Fame artist, Albert Ernest Backus (American, 1906 —1990) is one of the most renowned and admired of all of Florida's artists. He came into prominence as a national artist in the 1960's when his work was hung in President Lyndon B. Johnson's library in Texas and in the Senate offices in Washington, D.C. A list of private collectors who own Backus paintings reads like a Who's Who list: governors, senators, congressmen and corporate C.E.O.s. The Backus is a non-profit organization open to the public and exhibits the largest collection of Backus paintings in the world. It also houses a collection of works of art by other noteworthy Indian River School artists (whom A. E. Backus taught and mentored) including the Florida Highwaymen. The Backus is an anomaly in the world of nonprofit organizations. For 50 years, it has operated without incurring a single penny of debt or receiving any public operational funds. Membership and private donations, the proceeds from exhibitions, programs, gift shop sales as well as corporate sponsorships and proceeds from the sale of consignment listings provide a consistent revenue stream to sustain the facility. Situated just west of the Indian River, the Backus has served as an anchor for tourism in downtown Fort Pierce for five decades. A. E. Backus, the artist, has contributed, significantly, to tourism in St. Lucie County. In the early 1940's, people came from around the nation to St. Lucie County for its superb fishing. Many of these travelers met Backus and bought his landscape paintings, especially those depicting the ocean, the Indian River and boats. When tourists returned home, Backus' paintings returned with them, traveling outside of St. Lucie County. And yet, the memory of the trip has endured for decades because of the paintings. Owners of Backus paintings frequently return to St. Lucie County to view the collection held at the A. E. Backus Gallery and Museum. The Backus is a first-day tourist attraction. In 2008, more than 28,000 people visited the Backus from 36 states and 11 countries. C 5 A. E. "Bean " Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council I. Scope of Work and Project Readiness a. Project Description The A. E. "Bean" Backus Gallery and Museum, Inc. (Backus), a 5,000 square foot visual arts facility, was established in 1960 by Albert E. Backus, the preeminent Florida landscape artist, and a group of local art enthusiasts. Florida Hall of Fame artist, Albert Ernest Backus (American, 1906 —1990) is one of the most renowned and admired of all of Florida's artists. He came into prominence as a national artist in the 1960's when his work was hung in President Lyndon B. Johnson's library in Texas and in the Senate offices in Washington, D.C. A list of private collectors who own Backus paintings reads like a Who's Who list: governors, senators, congressmen and corporate C.E.O.s. The Backus is a non-profit organization open to the public and exhibits the largest collection of Backus paintings in the world. It also houses a collection of works of art by other noteworthy Indian River School artists (whom A. E. Backus taught and mentored) including the Florida Highwaymen. After 50 years of operating, the Backus is poised to become the region's most important cultural gem by transitioning from what began as a modest art gallery to a full-scale art museum. The A. E. Backus Board of Directors has determined that becoming an accredited museum is critical to the organization's future success and will instill a deeper commitment to the community. Currently, St. Lucie County does not have an accredited museum. Accreditation by the American Association of Museums is a widely recognized seal of approval that brings national recognition to a museum for its commitment to excellence, accountability, high professional standards, and continued institutional improvement (see Attachment A - Characteristics of an Accreditable Museum). At this time, the current building that the Backus is housed in does not meet accreditation standards because of limited space and inadequate structural requirements. As a result, the Backus will be expanding its facility from 5,000 to approximately 22,000 square feet to include state- of-the-art infrastructure that will meet accreditation requirements. This grant request will enable the Backus to implement its first phase of expansion constructing 4,500 square feet of museum exhibit space. b. Overall context Situated just west of the Indian River, the Backus has served as an anchor for tourism in downtown Fort Pierce for five decades. For the last several years, the Backus Board of Directors and staff have worked closely with the City of Fort Pierce to plan for the renovation of Veteran's Memorial Park which is adjacent to the current Backus building. The Backus expansion will further enhance the renovation of this significant waterfront property. C Page 1 of 11 A. E. "Bean " Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council c. Types of, and justification for facilities The A. E. Backus Gallery and Museum expansion from 5,000 to 9,500 square feet will: 1. fii Cher the advancement, improvement, and promotion of tourism and increase "heads on beds" in St. Lucie County. 2. bring the facility up to museum accreditation standards to meet temperature, humidity, security, and light controls. 3. allow the current Backus and Highwaymen original painting collections to be permanently displayed. 4. attract nationally and internationally acclaimed works of art to St. Lucie County. d. Documented needed for expansion The priceless collection of A. E. Backus' work, along with the Indian River School and Highwaymen collections, desperately need protection from the elements and adequate room for display. The current facility is highly vulnerable to damage from storms. When a storm threatens, all of the artwork must be removed and placed in a secure location. Additionally, the facility is too small to effectively display the current collection of art, not to mention artwork from other artists through temporary exhibitions. One Backus collector, Sun Trust, would like to donate 95 paintings to the organization, but this is not possible since the Backus does not have the space to house the collection. We need ample space to display future paintings that we can add to our current collection. Also, with the expansion, the Backus will be St. Lucie County's first accredited museum. e. Describe how requested funds will enable completion of project As part of its capital campaign, the Backus has obtained $450,000 from individual supporters as well as corporations and foundations to build the 4,500 square foot phase one expansion. With a $300,000 grant from St. Lucie County, we will be able to realize our goal of becoming St. Lucie County's first accredited museum. Although we understand that the Tourist Development Council has a total of $400,000 in its capital grant program, the Backus believes that to obtain a significant boost in tourism a significant amount of money must be allocated to one project. As an example, rather than dispersing small amounts to fund multiple projects in the southern part of the county, the Tourist Development Council gave a substantial sum of funds to help complete Tradition Field. f. Budget for project The total budget for this 4,500 square foot museum exhibit hall expansion is $750,000. Please see the budget in the Grant Summary Form_ g. List in -kind - Not at this time C Page 2 of 11 C A. E. "Bean " Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council h. Project Schedule 1) Completed Drawings, 1— 2 months 2) Status of construction documents, 2 months 3) Schedule for permits, 1 month 4) Timetable for completion,10 —12 months Please see the letter from the Backus' architect explaining the design as well as drawings and a letter from the City of Fort Pierce in Attachment B. H. Matching Funds The A. E. Backus Gallery and Museum, Inc. has secured $450,000 in matching funds. The match for this facility expansion project is over 100%. a. Cash on hand - $40,000 b. Funds from other sources - $410,000 Please see verification of cash on hand letter in Attachment C. Please see attached letters of commitment in Attachment D. III. Organization and Programs a. Employment of professional staff The Backus employs a full-time Executive Director, part-time Administrative Director, part-time Marketing and Development Director, part-time bookkeeper and three part-time reception and clerical staff. Please see staff resume's in Attachment E. b. Demonstration of effective record administration with other grants. Currently, the only grant that the Backus has ever received from a government entity or organization was a St. Lucie County Cultural Affairs Grant for $1,000 in 2006 for 21st Annual Backus Festival. The Backus has complied with all of the requirements of that grant. The organization prides itself on the fact that it has received no public funding to sustain itself. For 50 years, the Backus has offered viewings of its permanent collection and special exhibitions to the public for free. Page 3 of 11 A. E. "Bean "Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council c. Demonstration of sustained fiscal stability of organization Gallery and Museum is an anomaly in the world of non-profit The A. E. Backus rY organizations. Established in 1960, it has operated operational funds. Membership and incurring a single penny of debt or receiving any Pub P gift shop sales as well as private donations, the proceeds from exhibitions, programs, g P provide a corporate sponsorships and proceeds from the sale of consignment listings consistent revenue stream to sustain thee ccurrent declinein the econycant cost cutting measures have been instituted to hedge against An organizational culture of frugality has helped to assemble a significant cash reserve as well as a collection of artwork valved Wired boarthe ld of directors lions of and els. All ofls has been achieved with the assistance of a di qualified and dedicated staff. See Balance Sheet/Income Statement in Attachment F. d. Proven ability to successfully execute related projects Over the past 50 years, the A. E. Backus Gallery and Museum has grown from a 1,000 square foot open air pavilion built with $11,980 in donations, known as the Fort Pierce Art Gallery, to the current 5,000 square foot facility it currently occupies. ntally, with three construction projects, as These changes were undertaken increme funding allowed. During each of these projects, no money was ever borrowed and all while projects came in under budget. For 50 years th Backus hh feb d to the public�g expanding and improving our facility and programs eans b which the facility will be maintained and e. Clear plan of them Y operated 1) Who will operate and maintain facility As we have done for the past half century, the facility will be governed by a volunteer board of directors comprised of professionals I ofessi Lion of exhibition areas disciplines from across St. Lucie County. The current staff Will not necessitate a significant At � sent se in �taffiincludes a full-time structure will remain unchanged.P part-time Marketing Executive Director, part-time Administrative Director, p and Development Director, part -fie bookkeeper and three part-time We will hire one additional part-time reception reception and clerical staff. and clerical staff person once the expansion is completed. 2) Anticipated first year full operation and maintenance costs Our current annual operating cost is $607,941. Once the expansion is completed, we anticipate our utility and cleaning costs to increase. Basic staffing will remain the same, as the expansion of exhibition spacefonthe necessitate an increase in staffing. The cost for utilities and cleaning previous fiscal year was $11,784 gto the operating budget tease in these expenses, adding a total of $5, Page 4 of 11 A. E. "Bean" Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council 3) The operations plan and hours of operation to the public The expansion is an augmentation of our existing facility. As with our current operations, the expanded facility will be open to the public Wednesday through Sunday from 11:00 a.m. until 4:00 p.m. In addition to regular operating hours the building will be open for special events that are held during the evening hours. 4) Source for the funds Additional museum revenue will be generated by increased sales from the gift shop as well as increased membership and donations resulting from the enhanced programming of the Backus' space and exhibition areas. Interest in the work of A. E. Backus and other significant Indian River School artists continues to grow. The development of a more appropriate state-of-the-art facility will increase our recognition as a visual arts facility throughout the region and will assist in attracting a broader base of donors as we pursue our mission of perpetuating the artistic and humanitarian legacy of A. E. Backus. f. Documentation of how this organization has impacted tourism in the past - The Backus asks each visitor to sign a guest registration book which is always set up at the front entry. We have saved the books and our records date back t 50 years. In 2008, more than 28,000 people visited the Backus from 36 states and 11 countries. Many of these people came to St. Lucie County specifically to see the Backus' permanent art collection, one of our nationally touring exhibitions, or to attend one of our festivals or events. C IV. Project Impact a. Clear definition of how the project will contribute to new/improved tourism. 1) Demonstrate opportunities for tourism development Putting heads in hotel beds. According to a 2006 survey conducted by the Travel Industry Association of America, 8 1 % of American adult travelers included an arts/cultural activity in their trips of 50 miles or more from their homes. These 35.5 million adult travelers are a lucrative market and say their destination choice was influenced by a specific arts/cultural venue. Page 5 of 11 A. E. "Bean " Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council Also, according to the Travel Industry Association of America: 65 percent of all adult travelers attended an arts and culture event while on a trip that was 50+ miles away from home 32 percent of these cultural travelers stayed longer because of the event. Of those that stayed longer, 57 percent extended their trips by one or more nights. The 2009 Florida Tax Watch Tourism Research Report backs up the findings of the Travel Industry Association of American's survey. That report shows Florida's arts/cultural tourists spend $631 per trip versus $457 for the non - cultural tourist. According to a study commissioned by Americans for the Arts, no other venue (other than an amusement park) draws more visitors to an area than an art museum. The Backus is a first-day tourist attraction. In 2008, more than 28,000 people visited the Backus from 36 states and 11 countries. With a newly expanded facility and with the ability to permanently display all of our collections in their entirety, we believe this number will increase by 100% to 56,000 visitors. St. Lucie County does not have an accredited art museum. An expanded, world -class, accredited Backus Museum will give St. Lucie County the same tourism development tool as the Salvador Dali, the Andy Warhol, and the Georgia O'Keeffe Museums give to their respective cities and counties. Because of the resulting expansion, the Backus will become a full-scale, accredited art museum that will host nationally and internationally acclaimed works of art that will, in turn, attract additional visitors to St. Lucie County. 2) Multi -county or state impact A. E. Backus, the artist, has contributed significantly to tourism in St. Lucie County. In the early 1940's, people came from around the nation to St. Lucie County for its superb fishing. Many of these travelers met Backus and bought his landscape paintings, especially those depicting the ocean, the Indian River and boats. When tourists returned home, Backus' paintings returned with them, traveling outside of St. Lucie County, across the country and in many instances to other countries. And yet, the memory of the trip has endured for decades because of the paintings. Owners of Backus paintings frequently return to St. Lucie County to view the collection held at the A. E. Backus Gallery and Museum. Because A. E. Backus was a major force and had a significant historical impact on art in Florida, he was inducted into the Florida Artist Hall of Fame C� Page 6of11 A. E. "Bean " Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council in 1993. Only 43 individual artists have been inducted into the Florida Hall o Fame (the Highwaymen were inducted as a group), including Ernest Hemmingway, Marjory Stoneman Douglas and Addison Mizner. The Florida Artist Hall of Fame recognizes that individual artists are paramount and fundamental to cultural development. It is without a doubt that A. E. Backus' work has a statewide impact and with the facility expansion, his work - the entire Backus collection, not just a portion of it - can be permanently displayed and admired by all who visit the museum. Please see letter of support from Senator Bill Nelson in Attachment G. 3) National or international impact In Florida, the artist A. E. Backus is looked upon as a favored son. His fame, however, reaches far beyond the state. It is not an overstatement to say that A. E. Backus is known, world-wide, as a great American painter. Collectors such as Paul and Christabel Vartanian of New York (he the owner of one of the largest jewelry companies in the country and she the former chief of protocol in the administration of Governor Christie Whitman of New Jersey) are such avid Backus supporters that they have commissioned noted author and art historian Natasha Kuzmanovic, PhD to write a book about Backus' work. Other notable Backus collectors include Senator and Mrs. Bob Graham, Senator Bill Nelson, SunTrust Bank, Florida Atlantic University, the Kiplinger Foundation, Charles Johnson of Johnson and Johnson, Clair Jinx of the Knight R.idder Foundation, the Miami Herald, former Governor LeRoy Collins, and former Senator George Smathers. Along with collectors in the US, the Backus has built relationships with many Backus painting owners around the world in countries such as Belgium, France, England, Fiji, Australia, Germany, Ireland, Jamaica and The Bahamas. In addition to corporate and individual collectors, other museums collect and show A. E. Backus' work. Backus paintings are owned and on view at the Morris Museum of Art in Augusta, Georgia, the Museum of Art and Science in Daytona, Florida and the Westmoreland Museum of Art in Pennsylvania. 4) High visibility The Backus presents distinguished, nationally touring art exhibitions that garner statewide media attention and create high visibility for St. Lucie County. Because of the media attention these exhibitions receive, both locally and outside of the region, they draw tourists from around the state and beyond. Recent nationally touring exhibitions presented by the Backus include: . Ansel Adams: The Man Who Captured the Earth's Beauty . National Geographic's Fragile Nature: Photographs by Joel Sartore Page 7 of 11 A. E. "Bean " Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council . Clyde Butcher: Parallels of Black and White Our data indicates that these national shows bring people into St. Lucie County. A newly expanded, accredited museum would enable the Backus to bring in significantly higher caliber shows that will draw tourists to St. Lucie County. Our current space does not provide the temperature, humidity, security and light controls required by the American Association of Museums for all types of shows. Once the Backus expansion is completed, it will be able to bring many of the following or similar touring exhibitions to St. Lucie County: • The Art of Romare Bearden • Georgia O'Keeffe Retrospective Exhibition • Winslow Homer's Florida • Van Gogh and the Colors of the Night • Matisse: Life and Painting b. Demonstrate how project will appeal to key tourism segments (fishing/boating, arts/culture, sports, ecotourism, unique or new segment) As was stated before, a study commissioned by Americans for the Arts shows that no other venue (other than an amusement park) draws more visitors to an area than an art museum. Art museums provide tourists with activities and entertainment to enjoy during their stay in a town or city. Arts/Culture Having a newly expanded, accredited art museum in St. Lucie County will be of tremendous appeal to arts and cultural tourists. Being able to see the entire collection of Florida Hall of Fame Artist A. E. Backus, the Indian River School of Artists, and Highwaymen will be an additional attractant. It will be equally important for the museum to present nationally touring exhibitions. It is well documented that the Sunrise Theatre and other performing arts theaters sell more tickets to shows featuring nationally touring artists with wide -spread recognition. The Backus Museum will always be dedicated to showing local arts but realizes that national names draw more tourists. Fishing/Boating Since many of Backus' paintings depict water and boats, those who participate in these tourist segments find themselves drawn to the Backus. Also, while sports fishermen and boaters are out on the water, their non -fishing companions frequently visit the Backus. Ecotourism Because of A. E. Backus' work and subject matter, the Backus has attracted people from the ecotourism segment. Backus has preserved the beauty of the majestic Florida landscape like no other artist. The C Page 8 of 11 K C A. E. "Bean " Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council Backus has made a conscious effort to present shows and artists whose work is "about the environment" and the fragile planet we inhabit. These exhibits have drawn crowds by the thousands. A few of the shows have included: ■ NASA's world renowned Art of the Cosmos collection, curated by the Smithsonian Museum, of artworks created by artists in residence at the various Space Center complexes. ■ National Geographic's Fragile Nature: Photographs by Joel Sartore ■ Black & White Photography by famed Florida photographer Clyde Butcher ■ Smithsonian Magazine Photographer, Carlton Ward: Images of Natural Florida ■ A Land Remembered: An Amazing Record of Florida's Land and Wild Places ■ Carter Oosterhouse — Noted environmentalist and featured celebrity guest at The Backus' Art of Living Green Unique A very unique, but not insignificant, group of people who collect Backus' art are a tourist segment. It is estimated that Backus may have produced 7,000-8,000 pieces of artwork in his life time. Many of the owners, collectors and their families come from outside of the region to visit the Backus and St. Lucie County on a regular basis. The Backus recently added an annual Collectors Forum that includes an educational workshop and social to its annual special events. The collectors, with representatives from across the country, have significant resources and have the potential to grow into a complete tourist segment if properly cultivated. c. Relationship to tourism (helps St. Lucie County become a tourist destination) The Backus has documented evidence that people are brought into St. Lucie County because of its art collections and exhibits. We are a fist -day attraction. As an example, a couple visiting Fort Lauderdale from Canada made a weekend trip to Fort Piece to see the Ansel Adams Exhibition presented in 2007. Another family, visiting Orlando from Denver, with their two children drove to the Backus to see the National Geographic Exhibition in 2008. Page 9 of 11 A. E. `Bean" Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council With the expansion, the Backus will become .St. Lucie County's first accredited museum and will display national and international works which will draw more visitors into St. Lucie County. d. Method to track out of county and room nights generated. Currently, the museum asks all visitors to sign a guest book. With the expansion, visitor information will be collected at the door before the visitor enters the exhibit hall and added to our database. We will ask each visitor if they came specifically to St. Lucie to see the Backus Museum and if they are spending the night in a hotel. e. Estimated annual economic impact According to a study conducted by the Americans for the Arts, nationally the non- profit arts and culture industry generates $166.2 billion in economic activity every year—$63.1 billion in spending by organizations and an additional $103.1 billion in event related spending by their audiences. The study is the most comprehensive study of the non-profit arts and culture industry ever conducted. It documents the economic impact of the non-profit arts and culture industry in 156 communities and regions (116 cities and counties, 35 multicounty regions, and five states), and represents all 50 states and the District of Columbia. The $166.2 billion in total economic activity has a significant national impact, generating the following: 5.7 million full-time equivalent jobs $104.2 billion in household income $7.9 billion in local government tax revenues $9.1 billion in state government tax revenues $12.6 billion in federal income tax revenues The arts and culture industry, unlike many industries, leverages a significant amount of event -related spending by its audiences. For example, a patron attending an arts event may pay to park the car in a garage, purchase dinner at a restaurant, eat dessert after the event, and return home to pay the babysitter. This generates related commerce for local businesses such as restaurants, parking garages, hotels, and retail stores. ARTS & CULTURE TOURISTS SPEND MORE AND STAY LONGER As communities compete for a tourist's dollar, arts and culture have proven to be magnets for travelers and their money. Local businesses are able to grow because travelers extend the length of their trips to attend cultural events. Travelers who include arts and culture events in their trips differ from other U.S. travelers in a number of ways. l Page 10 of 11 A. E_ "Bean " Backus Gallery and Museum, Inc. Grant Request to the St. Lucie County Tourist Development Council Arts and culture travelers: • Spend more ($623 vs. $457) • Use a hotel, motel, or bed -and -breakfast (62 percent vs. 55 percent) • Spend $1,000 or more (19 percent vs. 12 percent) • Travel longer (5.2 nights vs. 3.4 nights) As previously stated, this study examined the economics of arts and culture in numerous cities. As an example, Winter Park, Florida was one of the smaller cities (with a population under 50,000) that they collected data from. The study measured direct impact of expenditures. The direct impact is a measure of the effect of the initial expenditure. Because it measures only one round of spending, the direct impact is always smaller than the total impact, which measures the effect of each dollar as it is spent and re -spent within the study region. They also measured total impact. Total impact is a measure of the effect each expended dollar has on the study region's economy as it is spent and re -spent within the region. The data was derived from input/output models that are customized for each participating study region. The total economic impact of expenditures by arts and cultural audiences in Winter Park amounted to 655 full-time jobs, $9,991,000 in household income, $855,000 in local government revenue and $962,000 in state government revenue. The study also examined the economic impact per $100,000 of spending by non- profit arts and culture audiences. In Winter Park, this amounted to 3.53 full-time jobs, $53,809 in household income, $4,605 in local government revenue and $5,181 in state government revenue per $100,000 spent. The Backus estimates that the newly expanded facility will generate an additional 28,000 visitors. We will assume that 10,000 of these new visitors are from out of the region. Based on the study cited above, each visitor will spend $631 per trip which would equal $6,310,000. Using the Winter Park economic impact per $100,000 of spending by non-profit arts and culture audiences, we estimate that the newly expanded Backus facility would account for 223 full-time jobs, $3.4 million in household income, $290,575 in local government revenue and $326,921 in state government revenue. This estimate is based on out -of- the region visitors who will stay overnight and does not include out -of -county visitors who come for the day. Page 11 of 11 ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL CAPITAL GRANT PROGRAM APPLICATION 1. Name of Applicant Organization: Heathcote Botanical Gardens 2. Street/P.O. Box: 210 Savannah Road 3. City: Fort Pierce State: Florida Zip Code: 34 882 4. Contact Person: Amy Dahan E-mail: adahan(cDheathcotebotanicaleardens.ore S. Title: Director Phone: 772-464-4672 6. Project Title and Brief Description of Project The James J. Smith Bonsai Collection at Heathcote Botanical Gardens. James J. Smith, a world renowned bonsai master, has donated 100 of his finest trees to Heathcote Botanical Gardens. This collection will be the largest public sub -tropical bonsai collection in the United States, comparable to the New York Botanic Garden and North Carolina Arboretum collections. Heathcote will build a 10,000 square foot world -class display garden worthy of this one -of - a -kind collection. In accordance with Heathcote's master plan, the new bonsai garden will be built on the southeast corner of the existing gardens, which is currently a cluster of decrepit open air storage structures. Heathcote will dismantle the structures, recycle the materials where possible, and consolidate the maintenance facilities in the northeast corner of the Gardens within one new eco- friendly building. .ii P 7. Area of Project Impact: Having a world -class bonsai collection at Heathcote Botanical Gardens will positively impact the City of Fort Pierce, St. Lucie County, and the entire Treasure Coast through increased tourism and activities. Tourists from around the world seek out historic features and large collections; the James J. Smith Bonsai Collection at Heathcote Botanical Gardens will be attractive to sightseers and eco-tourists, adding another reason to visit and stay in St. Lucie County: According to the Journal of the American Public Gardens Association, adding unique exhibits and specialty collections increases attendance between 100% and 400%. Consider the following comparison of Florida gardens and special features: CITY COUNTY ATTRACTION # VISITORS 2009 POPULATION POPULATION Heathcote 10,000 41,000 265,108 (prior to adding Bonsai collection) Bok Tower Sanctuary 137,000 10,255 405,382 (Carillon Tower in 18 acre Garden in Lake Wales) Morikami Museum 170,000 60,200 1,265,293 (Japanese Cultural Museum and 3 acre Japanese Garden in Delray Beach) 8. Describe the Method by which the TDC will be Acknowledged: TDC will be acknowledged by permanent signage in the display garden, in local press releases, in state and national bonsai and garden publications, in the Heathcote newsletter and website, and at events, fundraisers and membership drives relating to the Collection. TDC will receive prominent acknowledgement at the grand opening of the bonsai display, and in all collateral materials. Use of the St. Lucie Tourism logo will be used in all bonsai garden promotions through 2015. St. Lucie Tourism is currently a featured link on the Heathcote website, www.heathcotebotanicalgardens.org. 9. Estimated Project Start of Construction and End Dates: PERMITTING March 2010 START CONSTRUCTION April 2010 END CONSTRUCTION September 2010 10. List any other grants received (date, type, amount): None 11. If the full amount requested cannot be awarded, can the program be restructured to accommodate a smaller award? XXX* Yes No *A modest garden can be built, but this unique world -class collection properly staged will have a greater impact on tourism. 2 12, Amount of TDC funds requested: 148 720500 Amount of organization match: 6 543 3 220 Total project (a + b): 13. Date Signature of Organization's Chief Official Cris Adams President Heathcote Board of Trustees Typed/Printed Org. Official 3 GRANT APPLICATION: GRANT SUMMARY SHEET 1. List each line item in the proposed grant project and very briefly describe. 2. List the total cost for each line item, the applicant portion of the cost and the TDC funds requested for each line item where applicable. Line Item and Total Applicant TDC Brief Description Cost Match Match Build display garden for the James J. Smith Bonsai Collection Relocate current maintenance facility (temporary) Build new maintenance facility (permanent) Permits Administration Total (Full budget outline on page 9.) $619,720 $476,500 $143,220 $10,000 $10,000 $51,000 $51,000 $3,500 $2,000 $8,000 $4,000 $692,220 $543,500 0 $1,500 $4,000 $148,720 GRANT APPLICATION: PROPOSAL SUMMARY, HISTORY OF ORGANIZATION Proposal Summary: Give a brief overview of what is planned - goals and objectives. Heathcote will build a world -class display garden for the coveted James J. Smith Bonsai Collection. Heathcote and St. Lucie County are honored to receive this magnificent gift, which would be gladly received by any botanical garden in the state. With the largest sub -tropical bonsai collection in the country, related educational and cultural programming, and the botanical park expansion that is underway, Heathcote anticipates increasing admissions at least 150%. Heathcote admissions were near 10,000 in 2009.77`Yo of recorded visitors are from outside St. Lucie County. The focal point of a bonsai garden is the magical little trees. A simple, elegant, meditative space has been designed to offer visitors a restorative and refreshing experience. Visitors will stroll pathways (ADA accessible), and view the exquisite bonsai in a tranquil, natural setting. Well placed benches will provide inviting places to rest or meditate on the artful trees. The garden will pay homage to the oriental roots of the art of bonsai, while interpreting it through Florida vernacular landscape and building materials. The bonsai's ongoing maintenance by a qualified curator will be an educational ll be featured. Week-long immersion feature in the display garden. be offered and advertised as vacGuest artists and speakers ation on packages in partnership with local courses in the art of bonsai w hotels and other environmental and cultural attractions. In order to build the new bonsai garden, Heathcote must undertake demolition of several dilapidated storage and utility structures (see Exhibit A.) A permanent, attractive storage and maintenance facility will be built in an unused part of the garden. Heathcote has adequate funds to relocate maintenance facilities and transfer the bonsai collection to an accessible but unadorned garden. Funding from the TDC will elevate the project from an ordinary garden to a world -class destination experience, worthy of the one -of -a -kind James J. Smith Bonsai Collection. History of Organization: Heathcote Botanical Gardens was founded on the 3.5 acre site of Heathcote Nursery, which was owned by Mollie and Jim Crimmins. Mollie Crimmins was a garden designer, and built the terraced Japanese Garden at Heathcote during the 1960's using concrete and stone flooring from a bank that was being demolished on Okeechobee Road. In 1967 the Crimmins moved their house, which was built in 1922 on Delaware Avenue, to its current site at the Gardens. The Heathcote House has been home to Carltons, Jenkins, and after the Crimmins, Heathcote's early directors. Upon the Crimmins' retirement in the early 1980's, a citizens' groupy Gloria procure re, Chris the Haynes, Jan Lein (Bats), Laura Baker, Gloria Rooks, and Peggy g, oup the property. In conjunction with the Federation of Garden Clubs, the St. Lucie Conservation Alliance, local garden clubs and landscape businesses, the citizens' group organized fish fries, flower shows, and fundraisers and raised $26,500 in one year. The group petitioned the City and County, and the City assigned a grant writer to assist the cause. During a road -widening project that threatened to destroy the Japanese Garden, Laura Baker stood in front of a bulldozer to prevent the loss of this wonderful garden feature. A Florida State CARL grant was obtained, and the land was purchased by St. Lucie County using the grant, fundraising revenues, and contributions by the County and the City. The County 5 presently leases the land to Heathcote Botanical Gardens, Inc. for a nominal fee. The non-profit entity, Heathcote Botanical Gardens, was incorporated in 1985 as a self-supporting 501C3 not -for -profit organization funded primarily by memberships, admissions, events and donations. In 1988, Jim Smith of Durastone Nursery loaned a few trees from his bonsai collection to Heathcote , and the Treasure Coast Bonsai Society began maintaining the Japanese Garden where the trees are displayed to this day. Also in 1988, a Garden Festival was held to inspire and educate the public about gardening in Florida. Garden Festival has been held the weekend before Thanksgiving for 22 consecutive years, drawing tens of thousands of visitors. In 2003, the City of Fort Pierce granted Heathcote $85,000 for Master Planning 150 acres adjoining the Gardens. On the same day that Hurricane Frances brought Fort Pierce to its knees, Florida Communities Trust (FCT) awarded St. Lucie County $3.2 million dollars to implement Phase 1 of the Master Planned expansion. In 2007, the County used the grant funds to purchase 64 acres of land from the City of Fort Pierce for the proposed botanical park. The City has designated $3 million of those funds for building the park on the acquired land in accordance with the terms of the FCT grant. None of the grant funds are available for the renovation of the existing Gardens. In March of 2007, an Interlocal Committee comprised of St. Lucie County, City of Fort Pierce, and Heathcote representatives was formed, creating a public -private partnership to develop Phase 1 of the proposed botanical park. The design firm Glatting Jackson Kircher Anglin was selected to update the Master Plan and provide construction drawings for the 64 acre expansion. It was during stakeholder interviews that Jim Smith announced his intention to donate 100 of his finest trees to Heathcote's existing Gardens, contingent upon their ability to display, secure, and maintain the collection. .Y GRANT APPLICATION 1. SCOPE OF WORK: 20 Points a. Project description Project description: In order to properly display, secure and maintain th tJames J. corner ofmith Bh sai Collection, Heathcote will build a world -class display garden on t he southte Botanical Gardens. Please see Exhibit Bil desigThere ne several mature ed around them. tr Theal trees in this bonsai gardenlwil010featurera foot area, and the garden and paths w be g unique gateway built by a local wood artist, to accessible nal all comerthat they are about to s discovering a bonsai tree each turn) place. Visitors will follow meandering ADA pathways Traditional simple stands will display theatenchanting trees proper otandviewing contemplatetthe bonsai. Large ain a landscape rocks and benches will be plated to enable visitors peaceful setting. The garden experience will be both refreshing and restorative. The art of creating and maintaining bonsai is fascinating, and Heathcote's plans include a simple open air structure and bench where the curator will continually demonstrate his art as he cares for the collection in public view. Bonsai classes and workshops will be offered in the garden. Week long immersion courses in the art of bonsai environmental will and iced al d offered as vacation packages in partnership with local hotels and other mental Master Smith is of an advanced age, and wishes to donate 100 of his finest trees to Heathcote, to preserve his historic collection for posterity. The gift of 100 bonsai comes with great responsibilities. b. Overall context, if this request is part of a larger project, please describe the larger project and how this component is integrated a 150-acre botanical park in partnership with the City Heathcote is in the process of developing of Fort Pierce, St. Lucie County, and the design firm Glatting Jackson. The first 64-acre phase is funded by a $3.2 million Florida Communities Trust grant, procured by St. Lucie County. Although master planning for the 150-acre park includes the existing Heathcote Gardens, the grant funds may only be spent on the 64-acre acquisition property. The 64-acre property includes a 23-acre sand mine lake that will be opened to the public. Wetland and upland restoration, along with trails and picnic facilities will provide ample opportunity for recreational use by citizens and visitors alike. Educational programs will be offered to encourage understanding, appreciation and good stewardship of St. Lucie County's natural resources. Heathcote's existing five acres connect to the expanded botanical park; the James J. Smith Bonsai Collection will make the garden a precious jewel in the larger park. As the park is developed, trail connections will be made south into the Savannas, and eventually, in accordance with the St. Lucie County Greenways and Trails plan, north to the Fort Pierce Downtown Waterfront (see Exhibit C.) Today, if a visitors leave Heathcote Botanical Gardens and drives east, they will find themselves on the Florida Scenic Highway Indian River Drive. They may drive north to visit the shops, restaurants and downtown waterfront, or south to enjoy miles of beautiful scenery. Turn right at Walton Roads t r the visitor is treated to views of the Savannas and Savannas Preserve State Park. Crossing U.S. 1, he v will seq Port St. Lucie's beautiful Lyngate Park and Veterans Memorial Park. Continue south across Port 7 J St. Lucie Boulevard to find the new Port St. Lucie Botanical Gardens. Visitors following this trail will see a county that has preserved some of its finest land and created fabulous public amenities. C. Types of, and justification for facilities involved in plan The major facilities involved in the plan are the bonsai display garden and education pavilion, and new Heathcote maintenance building. Bonsai have unique horticultural requirements that prohibit their integration into a typical garden setting. Their value and relative portability require greater security than in -ground landscaping. The art of bonsai also includes displaying the trees correctly. The education pavilion will be an open-air structure with storage for bonsai tools and supplies. The curator's daily maintenance includes training and styling the bonsai, and this will be done in the pavilion where visitors can sit and watch, talk to the curator and learn more about the art. Guest speakers, guest artists and small classes will utilize the pavilion. The education pavilion will greatly enrich the visitor experience. In accordance with Glatting Jackson's master plan, the new bonsai garden will be built on the southeast corner of the existing gardens, which is currently a cluster of decrepit open air storage and utility structures. Please see Exhibit A & B. These facilities have been patched together for decades, and were badly damaged during the 2004 hurricanes. Heathcote will dismantle the structures, recycle the materials where possible, and consolidate the maintenance facilities in the northeast corner of the Gardens within one new eco-friendly building. d. Documented need for expansion, renovation or construction Providing security, maintenance, and proper display are necessary and a condition of Master Smith's gift to Heathcote. Heathcote has adequate funds to relocate maintenance facilities and transfer the bonsai collection to an accessible but unadorned garden. Funding from the TDC will elevate the project from an ordinary garden to a world -class destination experience, worthy of the one -of -a -kind James J. Smith Bonsai Collection. 0 e, Budget for project — please provide a basic budget breakdown for the project, including matching funds APPLICANT MATCH Includes In Kind / TOTAL COST Labor TDC MATCH ELEMENT BONSAI GARDEN 0.00 405,000.00 405,000.00 Bonsai collection 3,000.00 2,000.00 Site work 5,000.00 16,220.00 7,500.00 8,720.00 Fencing 5,000.00 1,500.00 3,500.00 Entry structure 6,000.00 3,500.00 2,500.00 Irrigation 12,000.00 . 5,000.00 7,000.00 Electric 11,000.00 11,000.00 0.00 Security 26,500.00 10,000.00 16,500.00 Landscaping 16,000.00 12,000.00 4,000.00 Pathways 22 000.00 2,000.00 20,000.00 Bonsai stands, shelves,screens Education pavillion 50,000.00 5,000.00 45,000.00 5,000.00 1,000.00 4,000.00 Signage 5,000.00 5,000.00 0.00 Irrigation shed 7,000.00 7,000.00 Sound system 20,000.00 5,000.00 15,000.00 Furnishings Memorial Replacement 8,000.00 8,000.00 619,720.00 476,500.00 143,220.00 SUB -TOTAL Relocating Maintenance 5,000.00 5,000.00 0.00 5,000.00 5,000.00 0.00 Demolition I New Maintenance Facility 45,000.00 45,000.00 0.00 I New Propagation Area 6 000.00 6,000.00 0.00 3,500.00 2,000.00 1,500.00 Permits 8,000.00 4,000.00 4,000.00 3% Administration 692,220.00 543,500.00 148,720.00 PROJECT TOTAL I I 9 f. Describe how requested funds will enable completion of proposed project Heathcote has raised over $100,000 in capital funds and has $441,330 in -kind support ($405,000 value of collection plus $36,330 project material and labor.) $148,720 from the TDC will elevate this project from an ordinary garden to a world -class destination experience, worthy of the one -of -a -kind James J. Smith Bonsai Collection. g. Any in -kind services for the project —provide documentation using the In -Kind Time/Services Contributions form on page 31 of this handbook. (See appropriate forms at end of application.) 1) Master Smith's collection is valued at over $405,000. 2) Woodworker Jerry Rice is donating time and talent valued at $4,000 to design and create the garden entry, irrigation shed and other furnishings 3) Professional Landscaper Sam Comer is donating garden design and construction supervision valued at $6,500 4) Master Smith is donating bonsai stands valued at $2,000 5) Peter Moor of Moore & Assoc. Architects is donating education pavilion design services valued at $5,000 6) Jim Gaines and Heathcote volunteers are doing demolition work valued at $3,830.00 7) Allied Steel Building is offering a 50% discount on a steel building; discount valued $15,826 8) Master Smith's apprentice and Heathcote's curator, Jim Van Landingham is providing the horticultural expertise for Heathcote's garden design and relocating collection on a volunteer basis. 9) Professional landscape architects, Lisa Nelson and Leah Campbell, and retired horticultura list Rolfe Smith, are working as volunteers with Heathcote staff to design the bonsai garden and new maintenance facility. 10 h. Project schedule 1) Completed preliminary drawings (i.e. architectural design, engineering plans) A draft Master Plan for Heathcote Botanical Gardens as part of the 150-acre botanical park has been completed by design firm Glatting Jackson. Preliminary drawings for the bonsai garden have been completed. Quotes and estimates have been collected to create the project budget. (See attached.) 2) Status of construction documents A full survey of Heathcote Botanical Gardens has been completed. Construction documents are being developed. Targeted completion date: February 28, 2010. 3) Schedule for obtaining necessary permits City of Fort Pierce estimates 4 — 6 weeks for necessary permits. Targeted completion date: April 15, 2011 4) Timetable for project completion Please see Exhibit D. Targeted completion date: September 2010 11 GRANT APPLICATION 2. MATCHING FUNDS: 20 Points Ability to substantiate any or all matching funds of the requested grant amount. The organization's matching funds may include: a) Cash on hand $105,000.00 b) Funds from other sources (e.g. grants, signed pledges) n/a 1. Submit copies of letters of commitment(s) to substantiate matching funds from individuals, corporations, other government grants, etc. n/a 2. If the applicant is providing match through cash revenues, a letter must be written to this effect and signed by the head officer and/or treasurer of applicant organization and submitted in the application attached Points in this category will be awarded based on the following structure: • 0-25% matching funds of requested grant amount: 5 points • 26-50% matching funds of requested grant amount: 10 points • 51-75% matching funds of requested grant amount: 15 points • 76-100% matching funds of requested grant amount: 20 points For example, if your requested grant amount is $100,000 and you substantiated matching funds in the amount of $15,000 (15% match), you would be given 5 points in this category. If you substantiated $37,000 (37% match), you would be given 10 points, etc. 12 GRANT APPLICATION 3. ORGANIZATION AND PROGRAMS: 20 Points a. Employment of professional staff for the provision of programming and services Jim Smith's gift of 100 bonsai to Heathcote is contingent upon the Gardens being able to properly display, secure and maintain the collection. Jim Van Landingham, who has apprenticed to Master Smith for eight years, has been named as the curator of the collection as stipulated in the agreement between Heathcote and Master Smith. Mr. Van Landingham is a recognized teacher and leader in the art of bonsai, and has offered instruction and programs at Heathcote Botanical Gardens, the Treasure Coast Bonsai Society and numerous Bonsai Society of Florida functions. Following the tradition of Master Smith, Mr. Van Landingham eagerly shares his knowledge and love of bonsai in a simple and generous manner. The James J. Smith Bonsai Garden will include an open -to -the -public maintenance area where Mr. Van Landingham will continually groom the trees. Bonsai classes and other related cultural activities will become highlights of Heathcote's extensive event and education offerings. Tai Chi and Chi Kung exercise classes have been offered at Heathcote; the Bonsai Garden will allow further exploration of eastern traditions and nature -related healing modalities. Heathcote will partner with local hotels and other amenities to offer week-long immersion courses to visitors from around the world. The Bonsai Garden will also feature guest artists and teachers. Alliances are already formed with local potters and ceramic artists who will explore crafting the unique pots required for bonsai display. Heathcote's staff, with the assistance of key vplunteers and local garden societies, currently offers an annual schedule of 8 to 10 cultural and horticultural events, and 12 to 15 workshops and classes. The James J. Smith Collection will expand future offerings. b. Demonstration of effective record administration with other grants (if applicable) 2008 Treasure Coast Resource Conservation & Development Grant for $9,989 for under story planting; completed December 2009. 2008 USDA and Treasure Coast Resource Conservation & Development Council Exotic Vegetation Removal Grant for $40,011; completed February 2008. 2007, 2008, 2009 Cultural Affairs Grants for $1000 each year to support the Bloomin' Art & Plant Sale. 2006 Urban Forestry Grant awarded for $29,700 for remedial pruning after hurricane damage; completed 2007. 2005 Urban Forestry Grant award for $46,000 to replace hurricane damaged canopy trees; completed 2008 2003 $85,000 City of Fort Pierce Master Planning Grant; completed November 2005 C. Demonstration of sustained fiscal stability of organization requesting funds Heathcote Botanical Gardens has operated as a self-supporting 501C3 non-profit organization since 1985. Memberships, admissions and events generate almost equal thirds of Heathcote's general revenue. Grants and donations from prominent individuals and businesses have provided capital for many improvements and renovations. In 2007, Heathcote organized a leadership giving society that has contributed over $150,000 for operating funds in the form of annual pledges. In today's challenging economy, membership and admissions are steady; and more educational programs and events are being offered, benefitting ever-increasing numbers of visitors. 13 Heathcote's accountants' compilations record the following profit/loss: 2004 2005 2006 2007 2008 Income 202,052 184,015 260,153 286,252 •352,761 Expense 173,037 188,811 254,369 266,156 295,948 Profit/Loss 29,015 -4,796 5,784 20,096 56,813 2009 financials are attached. d. Proven ability to successfully execute/complete related projects Heathcote has historically been a grass -roots, volunteer -driven organization, and has grown using local talent and labor since its inception. From 1990 to 1999, Director Lib Tobey developed the garden "rooms" and collections which have been continually refined. In 1993, the Heathcote Gift Shop was built using lumber milled on the Adams Ranch, volunteer labor including Bob Terry and Pete Peterson, a $25,000 grant from the Hill Foundation, and $11,000 raised by Heathcote. In 1998, the Reflection Garden was installed, sponsored by Board Trustee and Landscape Architect Meg Whitmer and Collective Design. That same year, the Children's Garden was installed, sponsored by Harbor Federal Savings Bank and Landscape Architects Sanchez and Maddux. In 2000, the patio in front of the Heathcote House was installed as a showcase for new Rinker products, and in 2002, the Pioneer House. was built, sponsored by Alto (Bud) Adams, Diamond R Fertilizer, First Union Bank and Pete Peterson. The Rainforest was built by volunteers in 2000 and dedicated to Lib Tobey. Virtually every feature of the existing five -acre garden is a monument to the generosity and ingenuity of volunteers, patrons, Board of Trustees and staff. The team that oversees the current Bonsai Garden project includes bonsai experts James J. Smith and Jim Van Landingham, professional landscaper Sam Comer, landscape architects Lisa Nelson and Leah Campbell, retired horticulturalist Rolfe Smith, craftsmen Jerry Rice and Chuck Johansen, founding member Gloria Moore, and Heathcote staff. The Planning and Design Team, made up of representatives from Heathcote, the City of Fort Pierce and St. Lucie County is providing oversight to insure the Bonsai Garden fits contextually in the Master Plan for the Botanical Gardens and Park. e. Clear plan of the means by which the facility will be maintained and operated after completion. Provide (1) description of who will operate and maintain the facility (2) the anticipated first full year of operating and maintenance costs, (3) the operations plan and hours of operation to the public and (4) source for these funds. (1) The facility will be operated and maintained by the existing Heathcote staff and volunteers, and the collection curator, Jim Van Landingham, who will provide the required bonsai expertise. (2) Mr. Van Landingham's salary has been budgeted at $30,000 per year. Maintenance supplies for the collection will cost approximately $3,000 per year and will come from Heathcote's horticultural supply budget. (3) Heathcote Botanical Gardens is accessible to the public 9AM — 5PM Tuesday through Saturday year round, and Sunday iPM — 5PM, November through April only. The James J. Smith Collection will share the same hours. ;(,4) The increased expenses of $33,000 will be offset by increased revenues in admissions, memberships, events, and leadership giving. 14 f. Provide documentation of how this organization has impacted tourism in the past (if applicable). According to daily records kept at Heathcote's entry building and bookkeeping office, Heathcote Botanical Gardens' admissions have increased every year for the past seven years (excepting 2004 when the Gardens were closed for over two months due to hurricane damage.) In 2009, Heathcote had just under 10,000 visitors. According to Heathcote's visitor log, 77% are not St. Lucie County residents. 54% are from out of state. Using current economic impact estimates of $150 per overnight visitor, Heathcote may be contributing significantly to the $g10,000 economic impact generated by 5400 out of state visitors in 2009. Advertising contracts with Treasure Coast publications support the local economy and keep residents and visitors informed of Heathcote's mission and events. Advertising in Florida Gardening Magazine and Florida Garden Club publications expands Heathcote's presence in the state. A well - maintained website and memberships in the American Horticultural Society and American Public Garden Association ensure national and international coverage. Heathcote's American Horticultural Society membership grants reciprocal admission privileges with over 200 public gardens across the United States, Canada and Virgin Islands, and encourages people to visit gardens when they travel. 15 GRANT APPLICATION 4. PROJECT IMPACT: 40 Points a) Clear definition of how the project will contribute to new or improved tourism programming and services in the area it will serve. 1. Demonstrates opportunities for tourism development Heathcote will partner with local hotels and other amenities to offer week-long immersion courses to visitors from around the world. The tranquil garden in an urban setting will complement St. Lucie County's efforts to develop eco-tourism. According to the Journal of the American Public Gardens Association, adding unique exhibits and specialty collections increases attendance between 100% and 400%. Heathcote anticipates increasing admissions 150%. Heathcote admissions were near 10,000 in 2009, and therefore anticipates admissions of 25,000 per year after completion of the bonsai garden. Bonsai classes and other related cultural activities will become highlights of Heathcote's extensive event and education offerings. 2. Has multi -county or state impact According to records kept at the entry building, 77% of Heathcote's recorded visitors are from outside St. Lucie County; 54% are from out of state. With interest in bonsai across the country and around the world, this unique feature will attract additional out of town visitors. 3. Has national or international impact 7% of Heathcote's recorded visitors are from out of the country. 4. Has high visibility Boasting the world's largest collection of anything provides very high visibility. Heathcote is well situated and easily accessible to travelers on 1-95, Florida's Turnpike, US Highway 1 or the scenic Indian River Drive. Proximity to the Lawnwood Sports Complex, Edward G. Enns Indian Hills Golf Course, and Fort Pierce's downtown waterfront enables Heathcote to participate in the area's renaissance. b) Demonstrate how the project will appeal to St. Lucie County's key tourism segments (i.e. fishing/boating/diving, arts/culture, sports tourism, ecotourism) or create a new one (uniqueness) The James J. Smith Bonsai Collection at Heathcote Botanical Gardens will appeal to ecotourists, and tourists interested in arts, culture and horticulture. The magical little trees fascinate even those who have little interest in gardening. The spectacle of seeing the world's largest collection of sub- tropical bonsai is attractive to curiosity seekers, tourists, gardeners and bonsai collectors and artists. The world's largest sub -tropical bonsai collection will be balanced by the peaceful, intimate experience provided in the education pavilion and garden. Horticultural and cultural history will be made and maintained daily in this living museum. Heathcote has adequate funds to relocate maintenance facilities and transfer the bonsai collection to an accessible but unadorned garden. Funding from the TDC will elevate the project from an ordinary garden to a world -class destination experience, worthy of the one -of -a -kind James J. Smith Bonsai Collection. c) Relationship to tourism — please include a detailed description of how this project relates to the development of St. Lucie County as a tourism destination 16 Key words on the stlucieco.gov/tourism website include "relaxed, laid back, calming pleasures... explore this relaxing world steeped in elegance and charm on your next family vacation." These words perfectly describe The James J. Smith Bonsai Collection at Heathcote. The world's largest sub -tropical bonsai collection will be a prominent feature on the Treasure Coast. The display will add a dimension of history, culture and civilized refinement to the ecotourist experience of natural waterways and parklands. Heathcote is an active partner with the St. Lucie County Tourist Development Ecotourism Subcommittee, and is helping develop ecotours. To help recruit and train the volunteers needed for the ecotours, Heathcote is sharing its successful volunteer program structure with dozens of environmental organizations. The James J. Smith Bonsai Collection will be an attractive feature on organized tours of St. Lucie County. d) Method to track out -of -county attendance and room nights generated A visitor log is maintained at the Heathcote entry building to track attendance. An incentive will be offered for visitors to complete a short survey to track room nights generated. Room nights will be more easily tracked through vacation packages that will be offered with immersion classes. e) Provide an estimated annual economic impact to the county for events and/or other activities held at the facility In 2009, Heathcote had just under 10,000 visitors. According to Heathcote's visitor log, 77% are not St. Lucie County residents. 54% are from out of state, and 7`Yo are from out of the country. Using current economic impact estimates of $150 per overnight visitor, in 2009 with its 5400 out of state visitors, Heathcote helped generate an $810,000 economic impact. Heathcote anticipates increasing attendance 150%. Economic impact generated may increase 150% from $810,000 to $2,025,000. 17 GRANT APPLICATION: GRANT SUMMARY SHEET List each line item in the proposed grant project and very briefly describe_ 1. List the total cost for each line item, the applicant portion of the cost and the TDC funds 2. requested for each line item where applicable. Total Applicant TDC Line Item and Cost Match Match Brief Description SEAL Memorial (statue, fountain, $ 278,622 270,530 -0- Expansion: Memorial Wall; under construction, completion April 2010) 73,944 (in kind) 344,474 Expansion: 8400 s.f. Building Addition 620,000 100,313 400,000 898,622 444,787* 400,000 Project cost *With negotiated in kind total should meet construction cost ST.- LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL CAPITAL GRANT PROGRAM APPLICATION 1. Name of Applicant Organization: National Navy UDT SEAL Museum of St. Lucie County Inc. 2. Street/P.O. Box: 3300 N. Highway A1A 3. City: Ft. Pierce State: FL Zip Code: 34949 4. Contact Person: Capt. Michael Howard, USN Ret E-mail: udtsealm(cDbellsouth.net 5. Title: Executive Director 6. Project Title and Brief Description of Project: exnansion of 8400 so ft to the existing museum ano a a Phone: 772 595-5845 nsion Phase 2: This will be an isting of two UISPlaY areas interactive features, tuture expanding our current. con erence area. 7. Area of Project Impact: Current annual visitors local state national and international approximately 40 000. UD useum sie a epper Park. 8. Describe the Method by which the TDC will be 7 curre nowledged: The Tou id contributor in our nmencement of the appear in our quartf sources and organic 9. Estimated Project Start of Construction and End Dates: September 2010- June 2011 10. List any other grants received (date, type, amount): 2009 Unrestricted- Un 11. If the full amount requested cannot be awarded, can the program be restructured to accommodate a smaller award? Yes No 12. Amount of TDC funds requested: $ 400,000 Amount of organization match: $444,787 Total pr ject (a : $844,787 13. Date:JanuarV14, 2010 ®at ignature of Org n ation's C . ief Official 1. Capt Michael R. Howard USN Ret. Scope of Work museum dedicated The National Navy UDT-SEAL Museumisthonland share w h the public, solely " ... to collect, preserve, organize,interpreting and objects, images and publications that foster Underwater Demoliton Teams, States Navy appreciation of the United Scouts and Raiders, Naval Combat Demolition Units, Office of Strategic Services Maritime Units and the SEALS. Located in Fort Pierce, Florida - the birthplace of the Navy Frogman - the education by providing the opportunity to explore The Museum promotes public the history of the Navy SEALS in an atmosphere of respect and honor. museum is in a three year phased program and international standing and un versa appe I by expanding its national over -taxed existing museum building. Additionally, the Museum is constructingUS Navyrial- the only Memorial to the YEALs. This Memorial, S in the world dedicated exclusively ar the name of every SEAL which broke ground November 2009, will AAemor al snot only a place for who has made the ultimate sacrifice. Th the their fallen comrades,made _ Frogmen to remember public to see the sacrifices that have been by various wives, brothers, mothers, fathers, etc. The Museum is also an educational brca ly, and their role in modem SEALS: both historically, learn about the US Navy lessons in the areas of patriotism, warfare. Furthermore, integrity can also be learned. This is all done Han age ppropr ate manner is forthe . TheWed stire can Ilea Becauseseum that is both interactive and suitable only,institut[on in the region where these lessons to the local community of these things, the Museum is not only imp octant it is also important because of what it represents: and the US Navy SEALS, the only Museum of its kind in the entire country. This building will be the second phase, a80 foot is approximately 5,000 sf addition to the current UDT-SEAL museum whichsquare buildings will be adjacent and connected by a way. The Memolk in area. The rial walks, garden atop will overlook the fountain, observation gallery and wall. he 1970's it was Originally constructed as a treasuruseum 'St�Lucie County by the UDT- to be managed for abandoned and taken over SEAL Association in 1985. The overall site is 12 sus located within k land cres lbelongs to the state Pepper Park on North Hutchinson Island. The p Lucie County which in turn has a lease and of Florida on lease to St. facilities use agreement for operation with the museum. That agreement in its preamble on page one states recognition of the museum in St. Lucie County "as a major tourist attraction..." The current agreements run through 2044 and the county attorney's office has been contacted about extensions as these significant capital improvements are made. It is important to note that the building facilities are the property of St. Lucie County. The museum and association are managing on the county's behalf and any expansions or improvements completed whether paid publicly or by private funding become the property of St. Lucie County upon completion. The Collection and artifacts are the property of the museum association. The Museum is entrusted with the preservation of the Collection and must be guided by an absolute respect for the integrity and conservation of the collection. This forms the basis for the construction of an extremely sound structure that will stand to the forces of nature and additionally will have the facilities, features and systems to protect its contents. The Museum should provide a stable and appropriate climate for all objects in its Collection, both those on public view and those in storage. The Collection should be protected from excessive light, heat, humidity, and dust. The Museum should provide appropriate security and fire detection systems and have a written disaster plan. The cleaning and maintenance schedule is established for all exhibit and storage areas. The Museum maintains the highest standards of handling and installation to preserve the Collection. Stewardship is the careful, sound and responsible management of that which is entrusted into the care of a museum. Periodic inspections should be conducted for possible flood conditions, fire potential, pest infestation and other hazards. A hurricane plan will include instructions for packing and securing collections at times of watch or warning. The staff will review fire systems and emergency procedures throughout the year with the local fire department. Alarm systems will be checked and repaired as necessary. Security systems will monitor activity in the museum on a twenty-four hour basis. Any damage to the system will be repaired immediately. If theft is suspected, it should be reported immediately to the staff and the sheriffs department. The physical size of our collections, files and documents have outgrown our present physical space and an expansion / enlargement is now a necessity. Less than one half of our collected artifacts are on display and what we have has become crowded to the point of congestion in our public areas on busy days. Our small theater which shows films continuously only seats 18 and is frequently o see, pace about theming room only. and public will appreciate having more exhibits it will also provide better opportunities for news stories and features. We ith St. Lucie County to store an excess of our currently have a lease w materials at the county Logistics Center. The library and archives at the National Navy UDT -SEALMuseum ubl shedcollects and maintains personal papers, photographs, manuscripts, p ersonnel records, newspaper clippings, multi -media works, scrapbooks, p missions and lives of materials and other ephemera m relating to the training, scouts and Raiders, members of the Underwater Units e NCDUs), Sea A'On Teams ir and)Laoliti nd Teams (SEALs) Naval Combat Demolition and Office of Strategic Services (OSS) Maritime Units. Additionally, the library serves as a reference collection relating to Florida's Amphibious Training Base in Fort Pierce, Florida. The National Navy UDT-SEAL Museum also collects and exhibits three - and dimensional artifacts, including uniforms, mess missions of Navy UDTs, Scouts apons, tools, vehicles other materials relating to the training an and Raiders, NCDUs, OSS Maritime Units and SEALs. etems may be objects and artifacts are, by necessity, stored and not exhibited. These placed on display in the museum luw the Museum tome point in he future, space highlight its unique permitting. The expansion w Ccollection while enjoying operating efficiency, enhanced visitor experiences; add extra amenities such as a temporary exhibition space, storage space and conference room. The Museum's exhibitions focus primarily on strategy, tactics, weaponry, g technological aspects of battle, and only equipment and changin secondarily on the experiences of individual human u n beings engaged in warfare. With the expansion the Muse to of the will reverse this set of priorities. of ndividualsan exhibit en order to the 'recapture as US Navy SEAL's, it will tell the stories sights, sounds, emotions and accurately and vividly as possible the for their country. Throughout the memories of these brave men fighting exhibit, individuals from history will be allowe o and l'low points, tn their own he what it meant to be a Navy SEAL - the high points moments of bravery, anger, fear, sorrow and d also thoserof weariness, disgust, feelings of exhilaration, camaraderie and pride, panic and boredom. The history of the US s trytrying to dotheirtduty. through the experiences of ordinary human being Goals: select a local design build team build aclimate-controlled, state-of-the-art exhibition gallery improve collection showcases and/or amenities that will accommodate varied and larger audiences • enable the Museum to present major new exhibits, drawn from its unique and vast collection • rotating exhibits from other unique institutions • utilize state-of-the-art technologies, as well as on traditional artifacts, to tell its stories • create "sensory environments," employing multiple video screens, audio speakers and "please touch" to engage the visitor an array of personal artifacts and images will be acquired for display in the exhibition • traditional artwork, maps, and models will also be deployed throughout the galleries oral history interviews from veteran will be accessible through listening stations accommodate state-of-the-art exhibitions and experiences that will help people connect more meaningfully with the Museum's collection .employ interactive, hands-on exhibits and activities o provide family/child-friendly exhibits enable people to engage with the collection through audio tour design a traveling exhibit gallery to accommodate different exhibits throughout the year • assign education spaces offering innovative and interactive methods for exploring the Museum's collections • provide climate -controlled storage space to conserve the artifacts supply additional space to accommodate school and community groups • Museum stays open during construction which is critical National Navy UDT-SEAL Museum Expansion Budget PP Total Applicant TDC Revenue Cost Match Match $ 278,622 $ 270,530 -0- $270,530 Expansion: SEAL Memorial (statue, fountain, 73,944 (in kind) Memorial Wall; under construction, complete April 2010) Expansion: 8400 sf Building 620,000* 100,313 400,000 400,000 898,622 444,787*" 400,000 400.000 Project cost total *Per construction documents **With negotiated in kind should meet building construction cost In Kind Services: Phase 1 Several of our design and construction team have concerns about negotiated contracts and services they believe to be privileged information between the parties. It is of concern that upon submission of the Tourist Development Council application the information contained therein becomes subject to Florida Sunshine Law and therefore public information. The National Navy UDT-SEAL Museum has been asked not to provide specifics about contract terms and believes it should honor those requests. A member of the museum staff can speak with county administration if necessary. We will provide general information and a summary that indicates the high level of participation and cooperation we received from our team members. The museum has every expectation that similar good will can be had in phase II construction. Our in kind were services and material; some major material provided at no charge, materials purchased and installed with no charge for labor, discounts of 10%, 13.5%, 17%, 20%, 50%, 100%. Costs before reduction were $278,622. The museum had a total in kind of $73,944 thereby saving 26%. The museum had contact and negotiations with the following vendors: General contractor St. Lucie County Concrete Company " Granite and engraving " Electrical " "Plumbing " Tile 99 99 Surveyor Sculptor Vermont Architect Indian River County Project Schedule 1 completed and under construction. Drawings atta ched, Phase Phase II 30% Phase I fully permitted; Phase II not applied Timetable: Phase I Construction completion spring 2010 Phase II Complete engineering plans spring 2010 Complete fund raising fall 2010 Construction winter 2010-2011 Completion spring 2011 Organization and Programs Enclosed in this section is an organization chart of our professional staff who lead the museum's administration, operations, collections/artifacts, education, office managementlfinance, media, public relations, facilities and IT. Our Education Coordinator and outlined programming are particularly noteworthy. Additionally there is a full cadre of 40 plus volunteers that are on scheduled assignments ranging as tour guides, reception, collections research etc (see attached list for full details). In addition the museum maintains a list of additional volunteers who are available on call and provide more than 100 persons on site for special events such as the annual Muster (7,000 plus attendees). In 1984 the museum took an abandoned county building and 12 acres of property, over- hauling and converting the structure and land, constantly upgrading including additions, until we have the museum as it exists today. Recently through a partial grant from AIPP, the museum funded and created the UDT-SEAL Memorial which is currently under construction. The museum has successfully operated for twenty five years without deficit and at �. end of year income exceeding expenses. This has been through a variety of revenue sources from admissions to membership (near 2,000) to foundation support. In 1985 the original museum structure, a rotunda, was our only interior display area. In 1992 a four thousand square foot addition increased our capacity for displays and service to the public. Additional displays and exhibits were constantly being added to the exterior grounds and continue to this day with recent additions such as the lifeboat from the M.V. Alabama from which Captain Richard Phillips was rescued by Navy SEAL's. The expanded facility will be operated by the current UDT-SEAL Association, museum staff and volunteers. Access to the existing and new premises will be through an existing single common reception area. Volunteers manage the front reception area, serve as tour guides, help maintain exhibits and maintain the interior. Current maintenance is handled by our facilities manager with assistance from volunteers. It is expected the increased area can readily handled. As this is a St. Lucie County building and land there is assistance from Central Services and the Parks and Recreation Department. year of operating expense will primarily be an increased utility cost. The first newy years' expense has been $10,000 - $11,000 and is covered lbbe constructed to UsePast yea p The new building Agreement we have with St Lucie County. Teen technologies for improved e of newer building codes and g take advantage bb the contractor. Subsequent years should be efficiency and will be under warranty Y e We are fully insured. Assuming a minimal until the building adds significant ag worst case scenario by which our costs should the dollar amount falls within our current revenue surplus and presents no problem to our budget. museums in the area which close for the summer months, eek except National Unlike some m ear, seven days Navy-UDT SEAL Museum is open W months a y summer when it closes on Mondays. The museum is open from 10:00 AM to 4:00 PM. C �v� ubrg�® 7ONEW7 or THg NP:I National Navy UD eum 3300 NorthsAlA North Hutchinson Island Fort Pierce, FL 34949 www.Nav SEALmuseum.coin Tel: 772-595-5845 • hael R. Howard, USN (Ret.) Captain (SEAL) Mi Executive Director graduated lle Florida in 1955, Mike grew up Coastal South Carolina rfaarre from g1977 to 003, retiring Born in Jacksonville,S. from The Citadel in 1977. He served in the U. ,Navy andNavalP and the USN destroyer r o d then to Ft. Pierce, Florida where he assumed aboard le of Executive Director of in 2003 to North Carolina an tour on the nuclear powered guided missile cruiser USS Bainbridge The National Navy UDT-SEAL Museum. His Navy career include service 1 He served at SEAL John R. Craig (DD-885) followed by d in September 198 (CGN -25). He was Class Leader of BUD/S Class 114 and graduatee ublic of the Philippines), NSWG-1 (Desert Team One, SDV Team One (Detachment Hawaii), NSVVCJ-1� P aster's Degree in National Special operations Command and Naval Sea Systems Command. He commanded Shield/Storm), SBR-1, US Sp P e e of the Armed Forces. In 2002, he continued his education rued as e eame ith Special Boat Unit Twelve and SpecialBoatSquadron Two. In. 199 Resource Strategy from the Industrial g 'on from the Defense Acquisition University's course in Advanced Program Management graduate isat NAVSEA. Program Manager for SEAL programs ;O-f UDr� oZ 1: z ,t Ruth McSween Curator Ruth McSween National Navy UDT-SEAL Museum 3300 North AlA North Hutchinson Island Fort Pierce, FL 34949 www NavySEALmuseum.com Tel: 772-595-5845 Bom in Welch, West Virginia, Ruth is proud to be a coalminer's daughter. She moved to Fort Pierce, Florida in 1969. As curator, Ruth McSween is responsible for adding new donations to the museum's artifact collection and tracking loans for artifacts to other museums. Her work includes corresponding with prospective donors, cataloging new acquisitions, and keeping track of the museum's collection. She is responsible for overseeing and documenting all aspects of the collection, including physical organization, storage and preservation, cataloguing, digitization and access. She leads the development of exhibitions, and plays an important role in crafting the visitor experience and the future direction of the museum. Ruth holds a Master of Arts degree in Museum Studies from University of Newcastle upon Tyne, England and a Bachelors of Arts degree in History from Florida Atlantic University. She is currently pursuing opportunities to study for her PhD in Museum Studies. She is a member of the American Association of Museums (AAM), Florida Association of Museums (FAM), Florida Trust for Historical Preservation, Museums Association (United Kingdom), The Southeastern Museums Conference (SEMC), American Association for State and Local History (AASLH), National Society of Collegiate Scholars, The Honor Society of Phi Kappa Phi, Phi Alpha Theta History Honor Society, Saint Lucie County Historical Society, and the Sunrise Theatre. C Volunteer C ate o ries Stat_ e Volunteer opportunities .;hall be available in the category descriptions listed below along with their training requirements. Disc on The National Navy UDT-SEAL Museum offers a variety of volunteer opportunities. Every effort shall be made to place a hieveteer in the greatest in personal atisfactey feeion�while, at the comfortable, wish to serve and can same time, keeping the needs of the museum in mind- General categories of volunteer opportunities are: 1. Greeters- Public greeters are those volunteersoe museum These volunteerswho welcome the public to museum take admission tickets upon try will assist patrons with questions, ticket purchases and related issues. They are the first contact that patrons have withstaff � octant long at the an abiont lity to A helpful and pleasant public presentationand answer questions. Basic give direction, be organized, trustworthy i training component. ` 2. Store Clerk Assistants. Volunteers here will assist in all operations of the Museum Store. Basic training component. 3_ Museum Gallery Attendants. Museum gallery attendants monitor the public areas of the Museum assigned to them. They are knowledgeable about their area of assignment and receive information sectors of the Mouse presentation resTh Yt eceive available for public viewing instruction on the use and operation of all audio/visual to detail and contactand interactive the publictasions throughout the Museum. Attention essential. Basic training component. 4. Dom These are volunteers who conduct tours oo the Museum ly on with t e of general public, or others as assigned, Sp� and the Museum's collection. the Museum, the history of the Navy E They receive additional training in audio/visual elements and tours requiring special use of audio/visual elements- Considerableexclusively, underlthe direction of the involved.ct is These volunteers often serve, but not Volunteer Coordinator. Advanced training component. t ancomfortable 5. L These volunteers are thosen a ements e that feel will bee as ass gned by a speaking in Public- These speaking g g Museum staff member through the Volunteer Coordinator. They will be asked to represent the Museum and the organization as a whole. They should be knowledgeable about the Museum's history and current operations. Materials will be provided by the Volunteer Coordinator to assist in the presentation. Special training component 6. Research Assistant. These volunteers assist the Museum's staff. They assist with administrative duties as directed by staff, process queries from patrons in person, by phone, letter, or e-mail that utilizes our collections. Research skills are required as is considerable public contact. Attention to procedures, security and detail is a must. Special training component. 7. Collections Volunteers. These volunteers assist the Museum's Curator with projects within the curatorial department as needed under the direct supervision of staff. Special training component. 8. Volunteers in the Education Program. Volunteers here come under the direct supervision of Staff and -assist in conducting highly specialized educational programming. These programs may involve students/patrons ranging from upper elementary, to college, or to corporate participants. Knowledge of the Museum's history, the collection, and the history of the Navy SEALs is critical. A background in presenting educational materials and concepts is also very helpful; but not absolutely necessary. Following established lesson plans is important. Volunteer opportunities exist in the following subcategories: a) Educational Outreach Specialists. These persons are Docents who present educational materials off -site or on -site as needed. Knowledge of presentation techniques and communication technologies is important. Special training component b) Interns. These persons are volunteers seeking college degrees using the museum as their educational venue. All internships constitute a specialized program with the mutual cooperation of the intern, their college/university, and the Curator. Special training component 9. Special Events Volunteers. These volunteers will be assigned on an "as needed basis" by the Staff for a wide variety of scheduled events and activities. These may be beyond the scope of normal museum hours of operation. Special training component 10. Marketing Volunteers. These volunteers assist the Marketing Director in conducting patron surveys, analysis, and statistical presentation of their collected data. They may be involved in other Marketing projects as well. Special training component ime, special projects 11. "Special Project" Volunteers. to volunteerstthat only serve until theay be identified that will be assigned completion of the identified project. Such volunteers and projects are outside the scope of this training manual. Special training component. ce areas 12. Administration Volunteers. These sho ld have a working knowlnteers assist in various ffedge of and in office functions as needed. They Museum operations and feel comfortable operating a computer. Special training component Educational Philosophy and Approach: The National Navy UDT -SEAL Museum's educational philosophy and techniques are specifically designed to activate history as a resource for considering the present, helping people to confront difficult issues, and engage people in dialogue with each other around these issues. These are extremely challenging tasks, ones that not many museums have taken on. These programs set the standards for a new international model for museums, and a new role for historic sites in civic life. Our educational approach is based on a theory of learning that holds that all people have prior knowledge (based on research and/or personal experience), beliefs, and opinions that shape their learning experience. The role of the educator is to build on and in some instances challenge the knowledge, beliefs, and opinions that people bring with them. We use an "inquiry -based" teaching approach and believe that the goal of the learning process should not focus on seeking the right answer, because often there is none, but rather exploring important questions and issues and, when possible, seeking resolutions. Educators at the National Nay UDT-SEAL Museum have a unique role because the guided tours are not lectures, as they are at many other museums; the tours are interactive, participatory learning experiences. The educator leads a tour by sharing his/her knowledge, but also by asking visitors a serids of carefully crafted open-ended questions designed to elicit dialogue and opinions about the key economic, political and social issues raised. Therefore, the National Navy UDT-SEAL Museum is committed to: dents and patrons to develop an 1. Providing significant opportunities for accurate understanding and appreciation uof the US Navy SEALs and Naval cc Special Warfare. 2. Developing meaningful educational programs for the community, public and private schools, scout groups, and families. 3. Coordinating and administering effective outreach and in-house programs and activities. 4. Nurturing Ur1O n general, aand nd the US Navy SEect for the ALs specifically. functions of theMilitary Interpretation Plan for the National Navy UDT-SEAL Museum Introduction The National Navy UDT-SEAL Museum (NNUSM) strives to be an active community resource that uses the local history of the area to educate, offer access to the local environment, and to function as an inspiring educational and recreational experience for visitors and citizens alike_ Residents and visitors to the region are historically and culturally connected to area and NNUSM offers experiences and exhibits that encourage appreciation of the area's unique local heritage_ NNUSM will fulfill these goals by telling the stories of the people who founded and developed this unique local culture and how they exemplify the evolving story of our relationship with the area - the stories that Keep the Region's History Alive." This approach will emphasize modem -day connections with the past, and emphasize the evolution to today's multifaceted culture_ This continuum will also reveal how these values can be applied to a better future for the area and beyond. To accomplish this, the Education Department will concentrate on developing and offering multi -sensory, object -based, exploratory tours, exhibits and programs- f teMive Program Goalshp • HONOR the rich heritage of the region • SUPPORT today's culture • SHAPE an energized, promising future NNUSM Mission Statement The mission of The National Navy UDT-SEAL Museum is the only museum dedicated solely to preserving the history of the Navy SEALS and their predecessors, including the Underwater Demolition Teams, Naval Combat Demolition Units, Office of Strategic Services Maritime Units and Amphibious Scouts and Raiders. Located in Fort Pierce, Florida - the birthplace of the Navy Frogman - the Museum promotes public education by providing the opportunity to explore the history of the Navy SEALS in an atmosphere of respect and honor. NNIJSM Vision Statement The vision of the National Navy UDT-SEAL Museum is to inspire a sense ofplace and history for the region by collecting, studying, tt Museuminterpreting, core areas of collecting.- the h s heritage Naval Special Warfare. This includes and heritage of Naval Special Warfare, the role of Naval Special Warfare, and the future of Naval Special Warfare. Our vision for the Museum is for a place and institution that: 1 _ Is a welcoming place where people are drawn together to share their passion and interest in our history and sense of place 2. Supports and gives voice to the region Is diverse cultural perspectives 3. Has sustainable, modern facilities while retaining its traditional character 4. Creates and maintains educational programs and exhibits that are professionally presented, inspiring and intellectually challenging S. Has collections that are conserved per American Association of Museum accreditation standards, and will provide a continuing source of inspiration and learning 6. Has a paid staff and volunteer corps that are creative, enthusiastic, and supportive of each other, the Museum's mission, and the community. 7. Participates in discussions at the national level on matters pertaining to the Museum's mission, and for the good of the profession. Believes in and participates in open strategic partnerships. Core Values The National Navy UDT-SEAL Museum is committed to • Openness - of purpose, governance, and communication • Integrity -fair and ethical practices, and the respectful treatment of all • Excellence - in leadership, cooperation, and in use of the highest museum standards as established by the American Association of Museums • Relevance - in identifying and responding to new challenges • Stability - of its mission, vision, and resources, particularly its collections • Respect -for different viewpoints, diverse cultural values, and the traditions of the Museum • Balance - in dealing with all aspects of museum operations fairly and honestly Implementation Strateg Insofar as its resources permit, the Museum collects, preserves and interprets objects and informational materials related olle is exploration, and founding and obj evolution cts from the period Special Warfare. The Museum , p of the inception of Naval Special Warfare to the present in order to present a coherent and total picture. These objects and informational materials are made available for study and the enjoyment of all, in a pleasant, secure, safe and accessible setting. 2 1I6PmP49 of the NNUSM Interpretive Plan as � the NNU SM Vision Statement's Implementation Strat a s the the JS S interpretive identified three primary storylines that will be used to fulfill the go program. They are: . TELLING NAVAL SPECIAL WARFARFS STOP d and IES: the stories of the men, women, families, and minorities who founde I developed what became the US Navy SEALS; the stories of the ordinary people who lived, worked, played, and died in • Naval Special Warfare; SEAL past, present, and the stories of Naval Special Warfare US Navy future. 2. TELLING NAVY SEAL STORIES World War 11, and the significance that the story of the first UDT men during the story holds for today and the future; • the story of the US Navy SEALS; of the men who served in the US Navy SEALS and the what impact the story their role played in the bigger picture; � 3. TELLING THE FUTURE OF NAVAL SPECIAL WARE the story of the importance and development of Naval Special Warfare in today ,S geo-political climate; how the role of Naval Special Warfare has changed over the years, in term • s of missions and objectives; impacts the larger battle plan ati e� theater level; how Naval Special Warfare in flux and dynamic, n how Naval Special Warfare is constantly role will be in the future battlescape. ..Ck *-;ktinn of the ,� TTS1VI Interpretive Plan objectives, a listing of pertinent interpretive Each topic is detailed below, with its primary sand with the overall riNUSM resources, the topic's interrelationship with other program plan, along with a proposed time line for program launch. rsonnel In light of the challenges faced by the NNCTSM in of form u i�imancampuetpoeincl de limitations, as well as the groom and development the Museum plans a phased new facilities directly impacting the Interpretive Program, implementation of this plan in accordance with the Museums adopted Strategic Plan- 3 TIMELINE: A Phased Approach To accomplish these goals, the following sequence of program implementation is proposed, and the thematic priorities are established. Phase I will focus on: • taking an inventory of current programs and resource kits and deciding what ones to keep and what ones to jettison; • completing a resource kit to accompany the exhibit, • developing an Education logo; • developing a audio tour of the grounds; • adding one hands-on activity at an outdoor exhibit building. Phase H will see an expansion of the above themes with: • developing a plan to turn the Museum into a living history/hands-on educational center; • installing new and more informative interpretive signs on the grounds; • implementing a audio tour of the grounds; • adding one hands-on activity at an outdoor exhibit Phase III will see an expansion of the above themes with: • implementing the living history program • creating a resource kit • developing a resource kit; • adding one hands-on activity at an outdoor exhibit building. On -going goals are: • increasing outreach to school groups; • increasing outreach to non -school groups; • developing more hands-on activities in all exhibits; • continuing to offer compelling and outstanding teacher workshops; • participating in all special events with educational, entertaining program offerings; • developing exhibits, in conjunction with other department, with exhibits to include thought -provoking, family discussion evoking questions; and tiered labeling; • creating more take-home projects and informational handouts for people to leave the Museum with; • maintaining a docent program that concentrates on professional training and growth; • continuing to pursue partnerships in all programming areas. 4 Area by Area Goals section of the Interpretive plan takes each area of opportunity and lists the general This goals, with the following goals of each. For the timeline of implementation of these g , caveat: are on-gomg Some of these programs Other programs are in the above description of phases Some programs are dependent on the acquisition of artifacts required for implementation All programs are contingent on adequate and appropriate fundmg- Departmental deciding what to keep, what to Inventory current programs and resource kits, g jettison, and what to develop • Increase outreach to schools non -education organizations Increase outreach to civic, comrmmlty� • Continue to develop and offer quality teachers workshops • participate in all special events with educational, entertaining programs • Maintain and increase a professional, volunteer docent program with professional • training of the Museum and to share the Develop partnerships to help spread the message burden of programming Evaluation its are to be continually evaluated to gain the publs All programs, tours, and exhib reaction, to discover and improve upon weaknesses, to learn from mistakes, to capitalize on strengths and successes - Conclusion The Education Department of the National Navy UDTu E he Muse develrn is and to keeping "Naval Special Warfare s History ect object -based, tours, programs, and exhibits. imp lementation of multi -sensory, New Permanent Exhibits: • Dec. 2007, Iraq/Afghanistan: The display demonstrates the most recent conflicts with various modem equipment and weapons. Visitors learn about the many modem advances made since World War 11 to today. • Jan 2008, National Designation: The Congressional Bill. signed by President Bush on 13 Nov 2007, thereby making the museum the National Navy UDT-SEAL Museum. • May 2008, Zodiac Boat: Interactive exhibit - visitors are invited to board the rubber boat for a fulfilled imaginary adventure. -fun for all ages • Nov. 2008, Medal of Honor:Tribute to the five Navy SEALs who received the Medal of Honor • Nov. 2008, SOC-6: Special Operations Craft • March 2009, HumVee: Prototype of the vehicles SEALs use in Iraq and Afghanistan. Exhibits Traveling/Loaned: • April 2009, Comanche National Museum & Cultural Center -Sam Pandopony, NCDU 3 • October 2009 - ongoing, Pentagon - exhibit about "Naval Special Operations" for the Office of the Deputy Under Secretary of the Navy • In development 2009, Naval Historical Center - Navy SEALs in the Cold War Gallery July 2009, Jaeger-LeCoultre - watch company display • August 2009 - ongoing, SEAL Team One - Quarter Deck in San Diego - • November 2, 2009- April 2010, National Geographic & Nauticus Museum -Organized by National Geographic and Arts and Exhibitions International, the exhibit showcases treasure chests of jewelry, coins, and gold; weaponry; and a replica of the actual ship that visitors can board. This blockbuster exhibit is a must -see for swashbucklers of all ages! Past tourism Impact henomenal growth pattern since 2004 and where the Museum shows a P �- 'da official statistics show a tourism rate of 2- double digits % for those the V�s�tFlon years and the foreseeable future the museum has continue nue aand will grow as ye expected that rate will co all of those years. It is reputation are spread. our new expansion, exhibits and world class rep ears' attendance records are reported below and show an Multiple y increase of 232% visitors over the period. JJUL AUG SEP OCT NOV DEC AN FEB MAR APR MAY JUN TOTALS 2004 2,078 1,152 1,323 1,6, 1068 67 297 696 815 16.846 Attendance 1, 888 2,59 791 3,012 2005 845 1,117 1,597 902 507 493 4,957 814 17,880 Attendance 1,178 1,656 2,264 1,550 2006 2,102 1,802 1,671 1,338 1,227 750 630 677 4,670 945 19,169 Attendance 1,236 21121 2007 1,787 979 1,189 1,396 1,098 724 733 6,642 1,032 21,726 Attendance 1,480 1,959 2,707 2006 1,574 2,074 1,221 581 1,098 7,924 1,073 25,1 14 Attendance 1,506 2,290 2,860 1,739 1,174 2009 1,906 2,709 3,104 3,212 1,679 1,674 2,339 3,067 940 1,387 15,261 1,869 39,147 Attendance he museum runs promotional specials with area hotels and Additionally t special motels, typical of the included flyer by the Memorial Day P ed b the Museum and Fairfield Inn & Suites/Marriott which was adverbs Y al so carried by system web sites. The Museum also includes the gs send attac hed list of hotel, motel and RV parks in all of the m flour well y are out and in our advertising for special events. Available aci guides for local motels/hotels, restaurants, s{ eveother venues and activities. type of question one our staff has been trained to answer aan°d tourists. could anticipate from far flung guests The Museum maintains an optional sign sheet in our reception area which about 30% of our visitors fill out. We will ad d mation request, are they are staying at local lodging. A count of the forms for a sixty day summer period showed the Museum had visitors from 39 included. Project Impact The expanded SEAL Museum and Memorial will greatly contribute to new tourism by creating the nation's only site dedicated exclusively to the US Navy SEALs and their predecessors. Ultimately, the Memorial will acquire the same National Designation as the museum signifying it as the Official Memorial to the US Navy SEALs. This designation, which must be passed by Congress and signed into law by the Presient of the United States, will further augment the stature of the Museum and area. There are few nationally designated Museums in the entire state of Florida, and the National Navy UDT-SEAL Museum will be the proud owner of two of them. The Museum will serve as a focal point for a series of events on Memorial Day similar to those conducted on Veteran's Day ("Muster"). These events draw national celebrities, as well as crowds numbering in the thousands. Each year for the past several years, the Museum's annual Muster has grown exponentially. As a result, local hotels have been solidly sold out. This is in spite of the fact that the Museum has changed the dates of Muster so as not to conflict with the Stuart Air Show. Therefore hotel head/bed numbers during this time are solely and exclusively attributable to Museum events its related activities. Adding an additional series of events centered around Memorial Day will be a boon to local tourism because it will provide an. opportunity for many people to visit the area during their summer vacations, making it extremely family friendly. Furthermore, adding speakers of national prominence, along with interactive activities and events, will make the area a destination in and of itself. Currently, there are various ceremonies throughout the nation commemorating Memorial Day, however very few of them are able to incorporate such things as official participation from the US Military along with various federal, state, and local officials. Because of the excellent reputation of the Museum, and the exclusive nature of the Memorial, it will not be hard to garner significant national attention. The expansion project will help to boost tourism, as it will greatly augment the existing facilities and capabilities of the current Museum. Many of the Museum's artifacts are unable to be displayed due to a lack of space, and the expansion project will allow these to be displayed. These rare artifiacts are not only of interest to members of the Military, but also to national and international tourists and anyone who has heard the term SEAL as well, wondering who are they, how did they get there and what do they really do. We provide the answers on this mystique. The museum not only shows its artifacts but is the only place in the world where the story of the founding of the SEALs, the rigirous training and stories of real adventure come to life in action films and video and narrative from our guides as tourists are walked through. Furthermore, the expanded facilities will allow the Museum to function multi -purpose ose entity. Specifically, the Museum will be a suitablevenue for pr�vatefun cions such as receptions, conferences and other gatherings. The expansion will allow the Museum to cater le to to business clientele as well because they will be ide this conduct new facility. Board retreats, or even company meetings m Meetings, in this unparalled setting. surrounded by so much of our country's history ue in that it will be able to Consequently, the expansion project will be truly uniq accommodate tourists from everywhere, and as well those b sin sable toan or nt entities wishing to avail themselves. The ability of the use um and rounds for various private and coporate functions will be a truly its facilities and unique asset to the local community. Com bined, the Museum expansion and SEAL Memorial project j ct ill become As significant landmarks of both s e city of Fort Pierce no other entity within the region that can previously mentioned, there a on a national and command the positive attention and media coverag in ternational platform as the Museum. The Museum 1Ve ularily sends ast year releases to more than 83 and nationaltic tlets medaa. In addition the Museum was multiple times from local more than 70 fea tured on national and international television as onll ast, London Times, Los '- publications such as the New York Times, Washing Adding projects of the Angeles Times and Miami Herald just to nameoa few. expand this capabelityp , planned expansion and the Memorial will n p hisca arithmetically, but rather they will augment them exponentially.el As previously alluded, the economic impacttothn order o assessarea will be rthe direct t. economic impact resulting from the expansion significant. This will be both direct and 'ans on and the Memorial, several metncs can be used. One of these metrics will be headibed surveys maconducted by t n such as the number cards asking rudimentary Museum staff: survey in in the area, and the home ZIP of people in the group, the number of nights staying rategic locations. cod e can be placed in the entrance to the Museum andfo her e tenting a completed As an incentive to completing the survey, in exchange P questionnaire, the person would receive a discount either at the Museum store or qu Possible to extrapolate additional future Museum admission. With this, it is p ent locally per day per person. information such as average amount of money sp is based upon the average cost of a two meals per day person (most hotels This i plus an offer free breakfasts), as well as average daily rental car expense and gas, p additional 15% to cover miscellaneous expenses. Furthermore, these same surveys can be conducted in conjunction with local hotels: the guest would have a promotional code which would alert the hotel to notify the Museum of the aforementioned data. At the end of each period (e.g. monthly), the Museum survey cards would be cross-checked against the data gathered by the hotels in order to remove duplicate entries. During special events, survey cards would be more prolific and as an added incentive to complete the survey there could be a raffle which, in order to enter, one must present their completed survey card to the attendant. Of course other, less refined metrics could also be used such as counters placed at the Museum gates (for special events) and at the Museum entrance during the regular seasons. The Museum does have a voluntary register log at our entrance now and we believe about 30% of tourists fill these out. (Insert some statistics here or in current impact) As previously stated, the economic impact presented by these projects would grow each year. This would be the direct result, among other things, of year round, publicity, national attention, advertising, communications through military media and resources, our publication Fire in the Hole mailed nationwide, continued participation with VisitFlorida.Com, and word of mouth. Using approximations and a rudimentary Meta analysis, one can project revenue streams for any given number of years. Starting with the Memorial, initially, one can assume that the Memorial and its grand opening/unveiling this year will draw approximately 1300 people. This is based upon the fact that there are roughly 250 names of deceased SEALs on the Memorial, and each of their next of kin has been invited to the ceremony. Generally, this is no less than three people (usually a wife, child, and sibling) although it could be more (750 total). Adding to that, there will be significant attendance by military personnel including active duty, reservists, and friends and acquaintances of the deceased. These individuals will receive notification of the event via regular military channels as well as military forums, publications, etc. It is reasonable to expect that there will be approximately 250 military personnel in attendance. Furthermore, there will also be various dignitaries and performers (SEAL Team, Navy Band, etc.) in attendance. These people, with their support personnel will approximately number 100 people. Finally, there will be general tourists who are not affiliated with any of the above individuals who have heard of the events via media coverage, word of mouth or advertising. This will account for a significant number of people but let's use 200. These people will require hotel rooms, although a significant portion will be two people to a room (husband and wife). Accounting for this, one can predict that approximately 700 hotel rooms would be needed. Government per diem is $93/night and regular price (depending upon the hotel) is approximately $1201night. Therefore, one can use an approximate median number of $110/night to arrive at a total of $77,000/night. Adding to that, one can expect individuals will pay approximately $50 person/day in food and er daywould be expended drink expenses. Consequently, an additional $65,000 p edada there locally. If one assumes miscellaneous expenses of 15% per ($161y)� 20,800 per day spent. This amounts to a grand total of $162,800 additional $ is an ears progress, it is logical and reasonable to per twenty-four hour period. As y approximately assume that subsequent Memorial Day is activities will grow that 1500 rooms will 20% until a maximum of 2500 people is reached. Assuming be needed, then $330,000 would be expended per day on local items. Furthermore, it should be noted that this, similar to Muster, por mulantti note event utilizing an entire weekend (three days). It is extremely that this figure does not include items and concessionsincome from those people who are Museum. Also, this does not include ancillary i visiting other attractions in the area and not just the Museum m(i.e. fishing, eco- than the figures tourism, other Museums, etc.) which can be equal more of the individuals proposed above, depending on the duration of the stay act of involved. A multiplier of three or four is typically used to add the imp indirect to direct dollars. This does not include routine attendance at the Museum, outside any d to increase 20%'for the al events. In this case, Museum attendance can be project first Y ear following the unveiling and 10% each subsequent years yearr for the been ave included below, broken down by next g the past several several years. The attendance figures , in order to serve as an initial frame of reference from which to project future revenues. These numbers mnd our financial ref administration status summary are reported to St. Lucie County Note that the totals reflect a 232% increase in Museum attendance in six years. APR MAY JUN JUL AUG SEP OCT NOV DEC TOT ALS JAN FEB MAR 2004 Attendance 1,888 2,791 3,012 2,078 1,152 1,323 1,659 1,068 67 297 696 815 16,846 2005 Attendance 1,178 1,656 2,264 1,550 845 1,117 1,597 902 507 493 4,957 814 17,88 2006 2,102 1,802 1,671 1,338 1,227 750 630 677 4,670 945 19,169 Attendance 1,236 2,121 2007 1,787 979 1,189 1,396 1,098 724 733 6,642 1,032 2 , 72.6 Attendance 1,480 1,959 2,707 2008 1,739 1,174 1,574 2,074 1,221 581 1,098 7,924 1,073 2 , . Attendance 1,506 2,290 2,860 2009 3,212 1,679 1,674 2,339 3,067 940 1,387 15261 .. Attendance 1,906 2,709 3,104 The expansion project will have a significant daily economic impact on the region. Tourists who have been here before as well the recently attracted will want to visit the newly expanded Museum housing never -before -seen exhibits which cannot be found anywhere else on the planet It is reasonable to expect a 15% increase in out -of -county attendance as a result of this expansion effort. The same mathematics used above also applies here. However, not to'be overlooked is the income which can be had from renting out the Museum grounds for corporate functions, private events etc. This can also generate significant revenue depending on the options selected (catering, entertainment, video/teleconferencing, etc.). If one were to assign numbers, one could assume the average Museum rental would net approximately $1000/day. Furthermore, one would assume that this would be rented predominantly on weekends and holidays. 0 Worldwide Recognition SEAL has instant universal word recognition. it is kown in every rath pride. It is alsoeknown rican household, thought, spoken about andpointed to w throughout the world and feared by our coun ry'an actually see and learns ea niwhat proud to be the representation in fact, that the public SEALS are about. The Museum will continue to through a visit to oohs to in Stproliferate eveere, the tory that you can identify and know about SEA Ls Lucie County. Our media director disseminates pre s releases regularly to d st ibut onas nThere are outlets which in turn may pass these on for worldwide movies and television series about UD AL from 1961 to as tN Yas t Times year. Many books have been written about and by UDT-SEALs including a #1 best seller which is still on the list afte ore than center. two years. Many books from a selection of authors are offered in our Mu 9 The Museum is partnered with VisitFlorida thereby inks to our web site can be made visiting the site for planning trips in Florida from theirs. This also places our promotional material at all tourist sites and visitor centers throughout Florida. The Museum has an excellent web site www navysealmuseum.com that entices visitors to want to know more about this unique organization. The web page includes a virtual tour of the entire Museum. Please remove and inspect the quality materials area and our quarterly magazine package which includes a listing of hotels/motel Fire in the Hole sent to all our members and widely distributed throughout St. Lucie County. This is a list of media items the Museum has available: Fire in the Hole, Quarterly Publication, Periodical, 2005-Present Gallery Guide, Tri-fold Brochure, 2009 Hours, Fees, Directions, Tri-fold Brochure, 2009 8 Minute Corporate Identity Video, Web, DVD 30-Second Radio Ad Muster Flyers Museum Electronic Newsletter, Email Museum Website, 2005-Present Memorial Website, 2008-Present Memorial Brick Brochure Memorial cards, Business Card sized laminate The Museum has an outstanding gift center with an array of items suitable for all ages and interests. -ICJ----+-- � -v n 0 CD D 0 cD rn(n C-) 00 � 77 cD C: (JI cn cD 0 _ 0 D 0) 0 D m Will — = B a M cn rn m 21 t"S 7�: _ j D m �- 0 CD O 0 �- O c� 3 -D - 3 CD � r11 -F, o C c� cD r-t- zT CD 00 0 cn ca m N O O 0o 1 N O 0 cD cn CD w cn 0 n 0 C� ;z CD 3 _ �F- 0 �- cD coo w m 0 -- 3 11 w. cD o w co w XCW R 0 O ♦n V W n V G CD Cn CD U) 0 " o O _0 0 O () c� D _< I U) . vi CD ;:;: CD , CD �- D �. < CD —. cD 3 X -. =( cy m cC x z o �o cD � CD o C N (D e-.t' O CD O O < r-+- O CD - C� CD -z 0- 0 O CD 3 D cu o f D CL m "� I �� (D r+ CL -� ., .. u� Q G rr (A ` �« (D ran �D 3 o tQ tD �an7>r. `V V 0 CD '..� 0 `V M< x rn cD Q. o- 0 � n v ('' (D V r CDV] m� Z (n 90 0 ■ t�l VV C 3 �+ 2 .i NORTH INDIAN RIVER DRIVE v s w 51 ..,:w. ..,.71, �. . . 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C 0 r-r S rt 0 0 m =r -n A 0 0 =5 "O CD 0 �.CD� =r U) CD CD 0 -i G) O 0 n '�► ADDMON AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. DATE: March 23, 2010 REGULAR [XX] ADDITIONS PUBLIC HEARING [] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Digital Domain Field - Naming Rights Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Naming Rights Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: D4 APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Y Attorne : W�- Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Parks & Rec. Dir: County Enc Debra Brisson Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-0365 DATE: March 18, 2010 SUBJECT: Digital Domain Field - Naming Rights Agreement BACKGROUND: Attached is a copy of a Naming Rights Agreement between the County and Digital Domain Holdings Corporation and Digital Domain. The Agreement was negotiated by the New York Mets on behalf of the County. The August 1, 2003, Facilities Use Agreement designates the Mets (Sterling Facilities Services) as the County's exclusive agent for marketing the naming rights for the Sports Complex. The proposed payment is $75,000 for 2010, $90,000 for 2011 and $100,000 for 2012. The payment in subsequent years would increase by a CPI factor. In return for payment from Digital Domain each year, the County agrees to rename the Stadium as "Digital Domain Field", "Digital Domain Ballpark" or "Digital Domain Stadium." The Agreement runs from March, 2010 and expires on December 31, 2018. Digital Domain has he option to extend the term for 2 additional five year terms. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Naming Rights Agreement and authorize the Chairman to sign the Agreement. Ily submi Daniel S. M County Atti DSM/caf Attachment Proprietary and Confidential NAMING RIGHTS AGREEMENT Naming Rights Agreement ("Agreement') by and between St. Lucie County, a political subdivision of the State of Florida ("County'), and Digital Domain Holdings Corporation, a Florida corporation ("DDH") and Digital Domain, a Delaware corporation ("DD Delaware") (DDH and DD Delaware are sometimes collectively referred to herein as "Sponsor") (with County and Sponsor referred to collectively herein as the "Parties"). WITNESSETH: WHEREAS, County is the owner of the Sports Complex (as hereinafter defined), and possesses the right to grant Naming Rights (as hereinafter defined) to third parties through the Club (as hereinafter defined) or Club's designee as County's exclusive agent; and WHEREAS, Sponsor is a company engaged in producing visual effects for feature films, television advertising, interactive visual media and video games; and WHEREAS, Sponsor desires to acquire from County, and County desires to grant to Sponsor, the Naming Rights upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants and premises contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto agree as follows: DEFINITIONS. The following terms shall have the meanings stated below when used in this Agreement: "Advertising Agreement" means the coterminous advertising agreement entered into by and between Sponsor and the Club simultaneous with the execution of this Agreement. "Agreement" means this Naming Rights Agreement, as it may be amended, modified or otherwise supplemented from time to time pursuant to its terms. "Business Day" means any day that is not a Saturday, Sunday or a day on which banks are required or permitted to be closed in the State of Florida. "Change in Control" means a change in the ability to direct the management and affairs of Sponsor as a result of or resulting in the exercise of contractual, voting or other rights. "Club" means Sterling Mets, L.P. d/b/a the New York Mets and its affiliate, Sterling Facility Services, L.L.C. "Club Parties" means Queens Ballpark Company, L.L.C, the City of New York, the New York City Economic Development Corporation and the New York City Industrial Development Agency. "Contract Year" means each of the calendar years during the Term beginning with calendar year 2010. Proprietary and Confidential "Control" means the ability to direct the management and affairs of any entity or person as a result of the exercise of contractual, voting or other rights. "CPI Factor" means, with respect to each Contract Year following 2012, a fraction the numerator of which is the Consumer Price Index, All Urban Consumers, Miami -Fort Lauderdale Area, All Items, of the Bureau of Labor Statistics of the United States Department of Labor (1982-1984=100) (the "CPI") as of October 1 of the calendar year immediately preceding such Contract Year and the denominator of which is the CPI as of October 1 of the calendar year immediately prior to such immediately preceding calendar year; provided, that in no event will the CPI Factor for any Contract Year be less than 1.00. For example, in determining the annual Naming Rights Fee (as defined herein) for Contract Year 2013, the CPI Factor for Contract Year 2013 would be a fraction the numerator of which is the October 1, 2012 CPI and the denominator of which is the October 1, 2011 CPI (but, in any event, a fraction no less than 1.00). If the CPI ceases to be published, the CPI shall be replaced by such other reasonably similar index as County may reasonably designate with the consent of the Club. "FUA" means the St. Lucie Sports Complex Facilities Use Agreement between Sterling Facility Services, L.L.C. and County, dated as of August 1, 2003, as modified, amended, supplemented or replaced from time to time. "Land" means the real property legally described on Exhibit "A" hereto. "Requirements" means any and all (i) laws, rules, regulations, orders, ordinances, statutes, codes, executive orders, resolutions and requirements (currently in force or hereafter adopted) of any federal, state or local government or municipality (and any agency, department, legislative body, commission, board, bureau, instrumentality or political subdivision of any of the foregoing) applicable to the Parties, the Club, the Naming Rights, the Stadium Trademarks, this Agreement or any rights or obligations hereunder, or the Sports Complex or any portion thereof and (ii) certificates of occupancy issued for the Sports Complex as then in force. "Sports Com lex" means the Land and all of the fields and improvements located thereon, including, without limitation, the Stadium, and certain major and minor league training facilities, locker rooms, practice facilities, and other facilities and improvements. "Stadium" means the baseball stadium located at the Sports Complex and formerly known as "Tradition Field". "Stadium Trademarks" means the Stadium Name (as defined herein) and all other trademarks, trade names, and service marks that incorporate the Stadium Name, as the foregoing may be jointly developed by the Parties and approved by the Parties and the Club, subject further to the provisions of this Agreement, provided, however, that the Club shall retain the Club's rights to any name, trademark, copyrighted material, logo or other intellectual property of the Club. SECTION 1. NAMING RIGHTS. (a) County hereby grants the following rights (the "Naming Rights") to Sponsor upon the terms and conditions contained in this Agreement: the right to have the Proprietary and Confidential Stadium officially designated as "Digital Domain Park" (with such officially designated name referred to herein as the "Stadium Name") during the Term of this Agreement, subject to Section l (b) below, during the Term of this Agreement. In addition, County shall refer, and shall cause Club to refer, to the Stadium as the Stadium Name, and shall not advertise or refer to the Stadium by any other name. In addition, County shall use, and shall cause Club to use, the Stadium Name when referring to the Stadium in any of its and the Club's correspondence, press releases, promotional materials, advertisements, announcements and/or publications. The County shall use commercially reasonable efforts to include in all contracts entered into following the execution of this Agreement (including leases and use agreements) for the use of the Stadium for any event open to the public, a requirement that the party conducting such event use the Stadium Name when referring to the Stadium in any promotional, advertising and other material created in connection with such event. In addition County shall use the Stadium Name when referring to the Stadium on all related directional traffic and pedestrian signs on highways, local streets, and all public thoroughfares in and around the Sports Complex and in St. Lucie County, Florida, and County shall change all such signage (at its expense in the initial instance of such, and subject to subparagraph (b) below) to reflect such name. In addition, County will not sell or permit any third party the right to have Stadium or any of Baseball Fields 1 through 7 at the Sports Complex officially designated to have a name that will include such third party's corporate or trade name, product name, or trademark. Except as specifically provided in the Section hereof entitled "Assignment", Sponsor shall have no right to assign or sublicense the Naming Rights. The provisions of this Section 1(a) shall apply only during the Term of this Agreement. (b) Sponsor shall have no right to have the Stadium officially designated as anything other than the Stadium Name (even in the event of, among other things, a change in Sponsor's company name or any sale, consolidation or merger of Sponsor or the like) without the prior written consent of both County and the Club, which consent may be granted or withheld in County's and the Club's respective sole and absolute discretion. In the event that at the request of Sponsor the Stadium is officially designated as anything other than "Digital Domain Park" with the consent of County and the Club, Sponsor will be responsible for all costs incurred by County and the Club associated therewith, including without limitation the cost to remove and replace any signage reflecting the new Stadium Name, and shall use, or shall reimburse County or the Club for their use of, a reputable, licensed, and insured contractor to perform such removal and replacement. The size, materials, design, artwork and specific locations of the aforesaid replacement signage shall be subject to the reasonable approval of County and the Club. In the event that prior to termination of this Agreement the Stadium Name changes at the request of Sponsor after fabrication of any signage or advertisement reflecting the Stadium Name, the Sponsor will be responsible for reimbursing the County and the Club for all reasonable costs incurred by them or on their behalf relating to all such name changes including, without limitation, all costs related to the removal and replacement of any signage or advertisement reflecting the Stadium Name, modifications to the official website of the County which identifies the Stadium Name to change such name on such website and the replacement of golf shirts worn by event employees at the Sports Complex. (c) Signage provided by County hereunder reflecting the Stadium Name or any of the other Stadium Trademarks may be removed, stored and/or destroyed by County upon termination or expiration of this Agreement, and shall be removed after termination or expiration of this Agreement if requested by Sponsor. All costs and expenses associated with the removal, Proprietary and Confidential storage and/or destruction of such signage shall be borne by the County provided that such costs and expenses shall be borne by Sponsor if this Agreement is terminated because of an Event of Default by Sponsor. (d) Notwithstanding anything to the contrary in this Agreement, County shall retain and reserve the right, itself or through agents, to market for sale and sell to one or more other third parties naming rights to the Sports Complex, the football/soccer field near the Sports Complex and/or to any constituent part of the Sports Complex other than the Stadium and Baseball Fields 1 through 7 during the Term (and to name Baseball Fields 1 through 7 during the term other than as prohibited by Section l(a)). In the event that this Agreement is terminated, County, without any further proceedings, may grant the rights granted to Sponsor hereunder (including, without limitation, the right to designate the name of the Stadium) to one or more third parties during any portion of the Term that would have remained under this Agreement had it not been terminated. (e) Notwithstanding anything to the contrary in this Agreement, Sponsor shall have no right, title, or interest in or to any existing or future trademarks, trade names, service marks, copyrighted work, other intellectual property, logos, letters, words, symbols, characters, designs, and the like of County or the Club, all of which are reserved to County and the Club as such may apply irrespective of this Agreement. This Agreement does not grant to Sponsor any right to use any intellectual property of County or the Club or their employees or affiliates, and Sponsor shall not use or infringe upon or dilute any such name, trademarks, trade names, service marks, copyrighted works, rights of privacy or publicity, or other intellectual property. (fl Notwithstanding any other provision of this Agreement, Sponsor and its employees and agents shall comply with all Requirements applicable to Sponsor or the performance of Sponsor's obligations under this Agreement. County shall comply with all Requirements applicable to County or the performance of County's obligations under this Agreement. SECTION 2. STADIUM TRADEMARKS. (a) The Parties and the Club may jointly develop and use such Stadium Trademarks (in addition to the Stadium Name) as they may mutually agree upon. Any incorporation or other use of any image of the Sports Complex or any part thereof, including the Stadium, in any Stadium Trademark shall likewise require the prior written approval of the County and the Club, such approval to be granted or withheld in County's and the Club's respective sole and absolute discretion. The Stadium Trademarks shall not include or incorporate any name, trademark, copyrighted material, logo or other intellectual property of the Club, all of which remain the sole and exclusive property of the Club and may be used by the Parties only in accordance with the Advertising Agreement or such other written agreement entered into by the Club. (b) Sponsor shall bear all costs and expenses associated with legally establishing and protecting rights to the Stadium Trademarks and any claim or dispute relating to the Stadium Trademarks (except that, to the extent the Stadium Trademarks are included or incorporated into any name, trademark, copyrighted material, logo or other intellectual property 2 Proprietary and Confidential of the Club, Sponsor shall only be responsible for the costs and expenses associated with any claim or dispute to the extent such claim or dispute is related to the Stadium Trademarks and shall not be responsible for the costs and expenses associated with any claim or dispute to the extent such claim or dispute is related to the trademarks of the Club); provided, however, Sponsor shall (i) immediately provide County and the Club with written notice of any claim ("Claim") of which Sponsor becomes aware made against or otherwise involving the Stadium Trademarks (including, without limitation, any claim for actual or potential infringement or dilution); and (ii) allow County and the Club, at each entity's separate and respective sole option, to participate (at such entity's cost and expense) in the proceedings regarding each Claim with counsel selected by each such participating entity; and (iii) not settle or otherwise compromise any Claim where the settlement or compromise does not generally release County or the Club (to the extent the Claim affects such party) or may affect the interests of County or the Club without the prior written approval of County and the Club. This paragraph shall be without limitation of Section 11 hereof. SECTION 3. USE AND LICENSING OF STADIUM TRADEMARKS. (a) Subject to Section 3(c) hereof, Sponsor hereby grants to County and the Club a royalty -free license throughout the Term of this Agreement to use the Stadium Trademarks for any purpose, whether commercial or otherwise, in connection with the operation, management, advertisement, marketing and promotion of the Stadium, events held at the Stadium and, in the case of the Club, events held at Citi Field, third parties performing services in connection therewith and third party sponsors of the Club and events held at the Stadium. Without limitation of the foregoing, Sponsor hereby grants to County and the Club a royalty -free license throughout the Term of this Agreement to use, advertise and sell, and authorize third parties to use, advertise and sell, apparel, souvenirs and other merchandise incorporating the Stadium Trademarks, subject to the reasonable quality control of Sponsor to protect its trade names and trademarks as set forth below. County agrees that it will cause to appear on or within all advertising, promotional or display material bearing the Stadium Trademarks the identification "(R) or "TM" or "SM" as will be designated by Sponsor. Upon expiration or termination of the Term, County and the Club, and any third party authorized by either of them, shall have six months to dispose of previously manufactured or ordered apparel, souvenirs and other merchandise bearing the Stadium Trademarks. (b) Subject to Section 3(c) hereof, Sponsor grants to any third party authorized by County or the Club to use the Stadium or the Sports Complex a royalty -free license throughout the Term of this Agreement to use the Stadium Trademarks in connection with such use of the Stadium or the Sports Complex (including, without limitation, in advertising, promotion, identification of the Stadium, and in all other functions or activities with respect to which such third party would refer to the Stadium). (c) The nature and quality of the use of the Stadium Trademarks hereunder shall conform to such reasonable standards as may be set by and under the control of Sponsor, provided that Sponsor gives prior, written notice of such standards to County and the Club. County will use commercially reasonable efforts to enforce such requirements with respect to the Club. The County shall and shall cause the Club to endeavor to conform to the Sponsor's reasonable quality control standards with respect to goods offered for sale by the County and/or Proprietary and Confidential the Club under the Stadium Trademarks provided (i) Sponsor acknowledges that goods now being offered for sale by the County or the Club meet the Sponsor's quality control standards; (ii) Sponsor shall not raise its quality control standards without the prior written consent of the County and the Club which consent shall not be unreasonably withheld; and (iii) Sponsor shall act reasonably and in good faith in dealing with any quality control issues. (d) County agrees to reasonably cooperate in good faith with Sponsor (at Sponsor's sole cost and expense), upon written request, for the purpose of securing and preserving Sponsor's rights in and to the Stadium Trademarks. (e) During the Term, Sponsor shall have the right to use the Stadium Trademarks in its promotional or marketing materials subject to the prior reasonable written approval of both County and the Club, but Sponsor shall make no other use of, and shall not authorize any third party to use, the Stadium Trademarks without the prior written consent of both County and the Club (which consent, when sought by Sponsor with respect to Sponsor's own use, shall not be unreasonably withheld or delayed, and which consent, when sought with respect to any third party's use, may be granted or withheld in the discretion of County and the Club). If neither County nor the Club disapprove of any promotional or marketing material submitted by Sponsor for approval pursuant to the immediately preceding sentence within fifteen (15) days of County's and the Club's respective receipt of such material, it shall be deemed approved. Without limitation of the foregoing provisions of this subsection, Sponsor shall not, and shall not authorize any third party to, produce, advertise, distribute or sell apparel, souvenirs or other merchandise identifying or using any image of the Stadium or the Sports Complex and/or using the Stadium Trademarks without the prior written approval of County or the Club, which approval may be granted or withheld by County and the Club in their respective sole and absolute discretion. M Upon the expiration or termination of this Agreement, for any reason whatsoever, County, Sponsor and the Club shall immediately discontinue and shall not resume the use and exploitation of any and all Stadium Trademarks. SECTION 4. TERM (a) Subject to Sections 4(b) and 6 below, and subject to such termination and termination rights as are set forth elsewhere in this Agreement or are provided at law or in equity, the "Term" of this Agreement shall commence as of the date of execution hereof and shall expire on December 31, 2018. (b) Sponsor will have the option (the "First Renewal Option") to extend the Term of this Agreement by providing written notice to both County and the Club on or before April 1, 2018 of Sponsor's election to extend the Term of this Agreement for an additional period of five years, until December 31, 2023, provided, however, that Sponsor must also exercise its option to extend the Advertising Agreement until December 31, 2023 as provided in the Advertising Agreement. If Sponsor exercises the First Renewal Option then Sponsor will have the option (the "Second Renewal Option") to extend the Term of this Agreement by providing written notice to both County and the Club on or before April 1, 2023 of Sponsor's election to extend the Term of this Agreement for an additional period of five years, until 0 Proprietary and Confidential December 31, 2028, provided, however, that Sponsor must also exercise its option to extend the Advertising Agreement until December 31, 2028 as provided in the Advertising Agreement. SECTION 5. PAYMENT. (a) In consideration of the rights to be granted by County to Sponsor hereunder, DDH shall pay County an annual fee (the "Naming Rights Fee") equal to Seventy Five Thousand Dollars ($75,000.00) in 2010, Ninety Thousand Dollars ($90,000.00) in 2011, One Hundred Thousand Dollars ($100,000.00) in 2012, and for each subsequent Contract Year, an amount equal to the Naming Rights Fee in effect for the immediately preceding Contract Year multiplied by the CPI Factor. The Naming Rights Fee for 2010 shall be due and payable as follows: $40,000 due upon execution of this Agreement, $11,666.66 due on or before April 1, 2010, $11,666.66 due on or before July 1, 2010 and $11,666.66 due on or before October 1, 2010. For each Contract Year following 2010, the annual Naming Rights Fee shall be due and payable in four equal installments on or before January 1, April 1, July 1, and October 1 of each respective year. The Naming Rights Fee of $75,000 for the 2010 Contract Year shall be due and paid in its entirety notwithstanding that the Term did not commence until March 23, 2010 and even though certain rights and benefits contemplated hereunder were not received during certain portions of 2010. All payments required hereunder shall be made in immediately available funds by wire transfer to such bank account as County may direct in writing from time to time. In the event that any payment date covered by this Section is not a Business Day, such payment shall be made on the immediately preceding Business Day. Notwithstanding anything to the contrary contained herein, it is acknowledged between the Parties that all payment obligations of Sponsor hereunder shall be the sole and exclusive payment obligations of DDH, and DD Delaware shall have no payment obligations due the County hereunder. The County acknowledges and agrees to look exclusively to DDH for all payment obligations and indemnification obligations due the County under this Agreement. SECTION 6. TERMINATION. (a) This Agreement shall automatically terminate without any further action by either party hereto upon, the expiration or termination of the Advertising Agreement or the FUA. Notwithstanding the foregoing, if the FUA terminates or expires and County or the Club notifies Sponsor that the FUA will be replaced with a lease, facilities use agreement or other agreement whereby the Club plays Spring Training games at the Stadium (the "Successor FUA") between the Club and County, then this Agreement shall not terminate, County and Sponsor shall, with the consent of the Club, enter into an amendment or modification of this Agreement to reflect the Successor FUA, and this Agreement, as so amended or modified, shall remain in effect until the earliest of the (i) termination of this Agreement, as so amended or modified; (ii) termination of the Successor FUA; (iii) termination of the Advertising Agreement; or (iv) expiration of the remainder of the scheduled Term hereunder. The termination of this Agreement as a result of the termination of the FUA or the Successor FUA or the Advertising Agreement shall not constitute a default by County hereunder, and shall be without any liability of either County or the Club to Sponsor. In the event this Agreement terminates as the result of the termination of the Advertising Agreement, and if such termination of the Advertising Agreement was due to a breach or default thereof by Sponsor, then the termination of this Agreement shall be treated as if it occurred due to an Event of Default by Sponsor. Proprietary and Confidential (b) In the event Sponsor or any person or entity subject to Sponsor's Control or who Controls Sponsor or who bears or uses Sponsor's names, trademarks, service marks or logos engages in any conduct which, in the reasonable opinion of the Club, would or does materially demean or damage the reputation, image or customer goodwill of the Stadium or the Sports Complex, the Stadium Trademarks, Sponsor (or its successor -in -interest), County, the Club, the New York Mets Major League Baseball team, the St. Lucie Mets Minor League Baseball team (or any Florida State League or Gulf Coast League ("GCL") team affiliated with the Club), Major League Baseball, Minor League Baseball, the Florida State League (or, if applicable, the GCL), County may (with the consent of the Club), and upon being so directed by the Club shall have the obligation to, terminate this Agreement by delivering written notice to Sponsor, provided that any dispute as to the reasonableness of Club's opinion shall be submitted to arbitration pursuant to appropriate arbitration standards and procedures set forth in Section 8 of this Agreement, and Sponsor shall have the right to demand arbitration in accordance with such procedures. (c) In addition to the other bases for termination set forth in this Agreement and in addition to any other remedies available at law or in equity, County may (with the consent of the Club), and upon being so directed by the Club shall have the obligation to, terminate this Agreement upon written notice to Sponsor (i) in the event of a Change in Control of Sponsor, or the consolidation, sale, merger, bankruptcy, foreclosure, or transfer of substantially all assets of Sponsor; (ii) in the event of a material change in the business in which Sponsor is primarily engaged; (iii) in the event Sponsor is responsible for an "Event of Default" as defined herein (including, among other things, a failure to cure a payment default or a failure to comply with a material term or condition of, or to satisfy a material obligation Sponsor has assumed under, this Agreement which breaches are not cured within the applicable cure period); or (iv) in such other circumstances as are set forth in this Agreement. Any termination of this Agreement in accordance with this Section 6 shall not constitute a default by the terminating party and shall be without liability of either the terminating party or the Club, and shall be without limitation of any other rights or remedies under this Agreement, the Advertising Agreement, or otherwise, including such rights or remedies as may exist at law or in equity. (d) Except as otherwise provided herein, each of the following shall constitute a material breach and default of this Agreement (an "Event of Default"): (i) the failure by Sponsor to cure a payment default under this Agreement within ten (10) business days after written notice of such breach; or (ii) subject to Section 7 hereof, the failure by either party to comply with a material term or condition of, or to satisfy a material obligation it has assumed under, this Agreement, which default is not cured within thirty (30) days after written notice of such breach to the defaulting party or such greater period of time as is necessary to cure such breach if such party commences within such thirty (30) days good faith efforts to cure such breach and such party is proceeding with diligence to complete such cure. 8 Proprietary and Confidential (e) Upon the earlier of the termination or expiration of the Term of this Agreement, none of the terms and conditions of this Agreement shall be of any further force or effect, except for Sections 1(c), 1(e), 2(b), 3(f), 6(f), 8, 9, 11, and 15 through 22 hereof, which shall survive the termination or expiration of this Agreement (along with such other provisions as are specifically identified elsewhere herein as surviving the termination or expiration of this Agreement or which, by their nature, would survive such termination or expiration). (f) Upon an Event of Default not cured within the applicable cure period the other party shall be entitled to seek all remedies available at law or in equity except as otherwise specified in this Agreement, but under no circumstances shall either party hereto be entitled to receive or otherwise recover from the other party any special, punitive or consequential damages. SECTION 7. FIRE, CASUALTY; FORCE MAJEURE. (a) If the Stadium is damaged by fire, earthquake, act of God, the elements or other casualty or is condemned by an authority exercising the powers of eminent domain or the Stadium is transferred in lieu of the exercise of such power so as to render the Stadium unusable for its intended purpose at any time during the Term, and County reasonably determines that repairs and restoration of the Stadium to the condition existing prior to the casualty cannot be completed within six (6) months after the damage, then County shall, within thirty (30) days after the casualty, notify Sponsor as to whether County shall effect such repair and restoration. If County notifies Sponsor that County is electing not to effect such repairs and restoration, then Sponsor may elect, upon written notice to County given within ninety (90) days after the date of the event of casualty, to terminate this Agreement, and this Agreement and all rights granted hereunder shall terminate as of the date of such fire or other casualty and all prepaid Naming Rights Fees for the year in question shall be returned to Sponsor. (b) Except as provided in this Section 7, any prevention of, or diminution or delay in, any parry's performance of its obligations under this Agreement (other than payment obligations) resulting from acts of God or any other cause beyond the control of County, including, without limitation, any: rain or other weather conditions; lock -out, strike, work stoppage, picketing, damage or concerted action by any employee or any labor organization, or other labor dispute, trouble or shortage; war, terrorism, armed conflict, enemy or terrorist action, civil unrest or commotion or order of any civil authority; accidents, fire or other casualty; shortages or unavailability of fuel, steam, water, electricity or materials; threat of any of the foregoing; requirements of law or governmental preemption in connection with any of the foregoing; or any other cause or condition beyond the reasonable control of any party, whether similar or dissimilar to any of the foregoing, shall not constitute a breach or default under this Agreement, nor shall it constitute a basis for termination by any party. (c) If County does not provide to Sponsor any of the rights granted hereunder due to a Force Majeure Event, as Sponsor's sole remedy therefor, Sponsor shall be entitled to a pro rata refund, on or before December 31 of such year, of payments made hereunder based on the value of the rights promised hereunder but not delivered to Sponsor. County shall not be required to issue a refund of any portion of payments not actually made by Sponsor. If the parties cannot agree on the amount of the pro rata refund, and the deprivation of Sponsor's rights hereunder is so pervasive that it defeats the fundamental intent and purpose of this Agreement, 9 Proprietary and Confidential Sponsor shall have the option to terminate this Agreement. SECTION 8. ARBITRATION. (a) The Parties shall utilize any of the three (3) disinterested persons selected as arbitrators by County and the Club under the FUA to serve as arbitrators in the event of an arbitrable dispute under this Agreement (i.e., a dispute as to the reasonableness of Club's opinion as set forth in Section 6(b) hereof, with the reasonableness of such opinion to be the only matter arbitrable under this Agreement, and the only issue to be resolved in an arbitration held hereunder). Any arbitrator utilized hereunder shall not be affiliated with either of the Parties hereto and shall be a person qualified to render decisions pertaining to the entertainment and sports fields. (b) The arbitration procedure herein shall be the sole and exclusive method for the determination of any issues subject to arbitration in this Agreement, and the arbitrator may award appropriate remedies, although nothing herein shall be construed to forbid either party from resorting to court for relief from, or to enforce rights under, any arbitration award. Any demand for arbitration shall be filed in writing with the other party to this Agreement and with the Club and with the American Arbitration Association. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based upon such dispute would be barred by the applicable statutes of limitations. Any arbitrator's award or determination hereunder shall be binding and conclusive on all parties. (c) Each dispute to be resolved by arbitration pursuant to this Agreement shall be submitted to one of the three arbitrators referenced above in Section 8(a) based upon qualifications and subject to such arbitrator's availability. The dispute and all other supporting materials shall be submitted according to a schedule established by the arbitrator. Notice of submission of a dispute to arbitration shall be made by facsimile transmission to Club, County, Sponsor, and the selected arbitrator. Such facsimile notice shall be effective upon receipt and sent to all of the notice parties listed in Section 16 of this Agreement at the facsimile telephone numbers set forth therein or such other facsimile telephone numbers as Club, County, or Sponsor may designate by notice pursuant to Section 16. With respect to arbitration hereunder, each arbitrator shall agree that he or she shall render his or her decision within thirty (30) days of the submission to him or her of all materials pursuant to this subsection. The parties hereto shall make all reasonable efforts to adhere to, and cause the arbitrator to adhere to, the time limits set forth herein, provided that, if such time limits cannot be met despite such reasonable efforts then the arbitrator may extend such time frames as necessary and such extension shall not affect the validity of the decision of the arbitrator. The determination of the arbitrator shall be in writing, setting forth the reasons for such determination and shall be final and binding upon the parties hereto and neither party may apply to any court to vacate, modify or appeal the award of the arbitrator but may apply to an appropriate court solely for the purpose, if necessary, of enforcing the award of the arbitrator. Notwithstanding the foregoing, either party hereto may seek to vacate or modify the award solely on the grounds of corruption, fraud, or miscalculation of figures, or because the arbitrator has decided a matter not arbitrable hereunder. (d) The expenses of arbitration shall be shared equally by County and Sponsor, but each party shall be responsible for the fees and disbursements of its own attorneys 10 Proprietary and Confidential and the expenses of its own proof. The Club shall be afforded the right to participate in the arbitration in order to offer evidence in support of the reasonableness of Club's opinion as set forth in Section 6(b) hereof (although it shall be the burden of the party submitting the dispute to arbitration to prove that such opinion was not reasonable), and if it exercises such right, shall be responsible for the fees and disbursements of its own attorneys and expert witnesses in connection therewith. County and Sponsor shall sign all documents and do all other things necessary to submit any such matter to arbitration and further shall, and hereby do, waive any and all rights they or either of them may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by the decision rendered thereunder. (e) With respect to the provisions of this Section 8, County, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, assigns to the Club any and all of County's rights related to any arbitration hereunder with respect to the reasonableness of Club's decision to terminate this Agreement as set forth in Section 6(b) of this Agreement, including without limitation the right to defend and support the reasonableness of such decision. Sponsor expressly and irrevocably consents to such assignment. SECTION 9. REPRESENTATIONS AND WARRANTIES; COVENANTS. (a) County represents and warrants that it is a political subdivision of the State of Florida; that it has all power and authority to execute and deliver this Agreement and to perform its obligations hereunder; that the execution, delivery and performance by it of this Agreement and the consummation of the transactions contemplated hereby has been duly and validly authorized by all requisite County action, and no other act or proceeding is necessary to authorize the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby; and that it is not subject to or obligated under any applicable law, rule or regulation of any governmental authority, or any agreement, instrument, license or permit, or subject to any order, writ, injunction or decree, which would be breached or violated by the execution, delivery or performance of this Agreement. Neither County nor the Club nor Club Parties nor any affiliate of either of them has granted any rights pertaining to the subject matter of this Agreement to any party in a manner which would cause County to be in default under any such agreement or which prevents County from granting the rights and licenses to Sponsor under this Agreement. There is no litigation pending nor is any litigation threatened against County, the Club or the Club Parties relative to any of the matters which are the subject of this Agreement. To the best of County's knowledge, there is no existing rule of Major League Baseball or any league currently utilizing the Stadium, nor are there any provisions in existing sponsorship contracts of County, which would prevent Sponsor from enjoying substantially all of the benefits granted hereunder. Neither County nor the Club or Club Parties nor any affiliate of either of them has granted any rights to any person or entity that are or could be inconsistent with or are or could be in conflict with the terms and conditions of this Agreement and/or the rights and benefits granted to Sponsor hereunder. (b) DDH represents and warrants that it is a corporation duly organized, validly existing and in good standing under the laws of the State of Florida; that it has all corporate power and authority to execute and deliver this Agreement and to perform its obligations hereunder; that the execution, delivery and performance by it of this Agreement and the consummation of the transactions contemplated hereby has been duly and validly authorized 11 Proprietary and Confidential by all requisite corporate action, and no other corporate act or proceeding is necessary to mm authorize the execution, delivery and performance of this Agreement and the consuation of the transactions contemplated hereby; and that it is not subject to or obligated under its certificate of incorporation or by-laws, in each case as amended to date, or any applicable law, rule or regulation of any governmental authority, or any agreement, instrument, license or permit, or subject to any order, writ, injunction or decree, which would be breached or violated by the execution, delivery or performance of this Agreement. DD Delaware represents and warrants that it is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware; that it has all corporate power and authority to execute and deliver this Agreement and to perform its obligations hereunder; that the execution, delivery and performance by it of this Agreement and the consummation of the transactions contemplated hereby has been duly and validly authorized by all requisite corporate action, and no other corporate act or proceeding is necessary to authorize the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby; and that it is not subject to or obligated under its certificate of incorporation or by-laws, in each case as amended to date, or any applicable law, rule or regulation of any governmental authority, or any agreement, instrument, license or permit, or subject to any order, writ, injunction or decree, which would be breached or violated by the execution, delivery or performance of this Agreement. (c) DD Delaware represents and warrants that, throughout the Term, it shall possess all right, title and interest in, to and under the "Digital Domain" trademark, service mark and trade name and all Stadium Trademarks (including, without limitation, the Stadium Name) and, among other things, shall have the right, without need for any consent or permission from any other person or entity, to use, exploit, and authorize the use and exploitation of the "Digital Domain" trademark, service mark and trade name and all Stadium Trademarks as contemplated by the Naming Rights Agreement and the Advertising Agreement. Sponsor further represents and warrants that neither the Stadium Trademarks, nor the "Digital Domain" trademark, service mark and trade name, nor any other names, trademarks, service marks, copyrighted works, other intellectual property, logos, letters, words, symbols, characters, designs, and the like as included or incorporated in the Stadium Name or any of the other Stadium Trademarks will wrongfully conflict with or will infringe upon or dilute the rights of any third parties. The Parties acknowledge that, as between Club, Club Parties, County and Sponsor, the Stadium Trademarks and mark "Digital Domain" are the property of DD Delaware. SECTION 10. SUBSERVIENCE. Notwithstanding anything to the contrary contained in this Agreement, this Agreement and the terms and conditions hereof, including without limitation each right and obligation of County and Sponsor contained in this Agreement, shall be subject and subordinate to the FUA (and any Successor FUA) and the Requirements. SECTION 11. INDEMNIFICATION. (a) To the extent allowed by law, County shall indemnify, hold harmless, and defend Sponsor, Club, the Club Parties and each of Sponsor's, Club's and Club Parties' parents, affiliates, partners, members, officers, directors, shareholders and subsidiaries, and all of the employees, agents, representatives, consultants, contractors, licensees, successors and assigns of any of the foregoing (with all of the foregoing referred to collectively herein as 12 Proprietary and Confidential the "Sponsor Indemnified Parties"), from and against any and all claims, allegations, suits, proceedings, losses, damages, judgments, liabilities, costs, penalties, fines, charges or expenses of any kind and nature (including, without limitation, reasonable attorneys' fees and other costs and disbursements) arising out of, by reason of or relating to (i) County's breach of any of the agreements, representations and warranties of this Agreement, or (ii) any violation of law, code, ordinance, statute, rule, or regulation of any federal, state, or local government or municipality caused by County or its assistants, employees, agents, representatives, contractors, consultants, or licensees. Such indemnity and hold harmless obligation shall not apply to the extent of any negligence or willful misconduct of any Sponsor Indemnified Party. County shall give Sponsor and the Club prompt notice of the assertion of any claim or the commencement of any action that may expose any of the Sponsor Indemnified Parties to liability, and the Sponsor Indemnified Parties shall have the right, at County's reasonable expense, to undertake the defense, compromise or settlement thereof, and County agrees to cooperate therewith. Should any Sponsor Indemnified Party not elect exercise such right, County shall defend such Sponsor Indemnified Party at the County's reasonable expense by counsel reasonably satisfactory to such Sponsor Indemnified Party, and the prior consent of such Sponsor Indemnified Party shall be required to the extent any settlement affects such Sponsor Indemnified Party. In the event County does not provide a defense as required hereunder, County shall, in addition to the above, pay the Sponsor Indemnified Parties the reasonable attorneys' and consultants' fees and all other reasonable legal expenses and costs incurred by the Sponsor Indemnified Parties in providing such defense, and County agrees to reasonably cooperate with the Sponsor Indemnified Parties in such defense, including, but not limited to, providing affidavits and testimony upon request of the Sponsor Indemnified Parties. (b) Sponsor shall indemnify, hold harmless, and defend County, Club, the Club Parties and each of Club's and Club Parties' respective parents, affiliates, partners, members, officers, directors, shareholders and subsidiaries, and all of the employees, agents, representatives, consultants, contractors, licensees, successors and assigns of any of the foregoing (with all of the foregoing referred to collectively herein as the "County Indemnified Parties"), from and against any and all claims, allegations, suits, losses, damages, judgments, liabilities, costs, penalties, fines, charges or expenses of any kind and nature (including, without limitation, reasonable attorneys' fees and other costs and disbursements) arising out of, by reason of or relating to (i) Sponsor's breach of any of the agreements, representations and warranties of this Agreement, (ii) the negligent acts, errors, or omissions of Sponsor or its assistants, employees, agents, representatives, contractors, consultants, licensees, or affiliates (with all of the foregoing referred to collectively herein as the "Sponsor Entities"), to the extent Sponsor or the Sponsor Entities are or are alleged to be responsible for such acts, errors or omissions, and (iii) any violation of law, code, ordinance, statute, rule, or regulation of any federal, state, or local government or municipality caused by Sponsor or any of the Sponsor Entities. Such indemnity and hold harmless obligation shall not apply to the extent of any negligence or willful misconduct of any County Indemnified Party. Sponsor shall give County and the Club prompt notice of the assertion of any claim or the commencement of any action that may expose any of the County Indemnified Parties to liability, and the County Indemnified Parties shall have the right, at Sponsor's expense, to undertake the defense, compromise or settlement thereof, and Sponsor agrees to cooperate therewith. Should any County Indemnified Party not elect exercise such right, DDH shall defend such County Indemnified Party at DDH's reasonable expense by counsel reasonably satisfactory to such County Indemnified Party, and the prior consent of such 13 Proprietary and Confidential County Indemnified Party shall be required to the extent any settlement affects such County Indemnified Party. In the event DDH does not provide a defense as required hereunder, DDH shall, in addition to the above, pay the County Indemnified Parties reasonable attorneys' and consultants' fees and all other reasonable legal expenses and costs incurred by the County Indemnified Parties in providing such defense, and Sponsor agrees to reasonably cooperate with the County Indemnified Parties in such defense, including, but not limited to, providing affidavits and testimony upon request of the County Indemnified Parties. SECTION 12. INSURANCE. (a) Sponsor shall obtain and maintain throughout the Term of this Agreement, at Sponsor's own expense, the following types and amounts of insurance coverage (these are minimum requirements, and shall not relieve Sponsor of its indemnity obligations) protecting against any loss or claim arising from or relating to this Agreement, the Naming Rights, the Stadium Trademarks, or any act or omission of Sponsor or any of the Sponsor Entities, with an insurance carrier or carriers licensed to do business in Florida and rated no lower than A:10 in the most current edition of A.M. Best's Property and Casualty Key Rating Guide, Commercial General Liability insurance coverage (broad form, which includes among other things contractual indemnity liability) (an occurrence based, per -event, and broad form policy against all claims) including, without limitation, personal injury, bodily injury, death, property damage, advertising injury and blanket contractual liability, with no deductible, and with minimum limits of $2,000,000 per person, $2,000,000 per occurrence, and $2,000,000 in the aggregate, which such policy shall be written on an occurrence basis. (b) All insurance policies Sponsor is required to provide hereunder shall name County, Sterling Facility Services, L.L.C., Sterling Mets, L.P., the Club Parties and the other County Indemnified Parties as additional insureds. Not later than ten (10) days after execution of this Agreement, Sponsor shall deliver fully paid certificates of insurance to County and the Club showing that the insurance Sponsor is required to provide hereunder has been obtained and providing that such policy or policies are cancelable only after thirty (30) days prior written notice to County and the Club. No changes in, or cancellation of, such policy or policies of insurance will be made without the prior written consent of County and the Club, which shall not be unreasonably withheld. Such insurance addressed above in this Section shall be without deductible or right of retention, and shall be primary to any insurance or self-insurance maintained by County or the Club. (c) The County agrees to procure and pay for and at all times during the term of this Agreement maintain fire, casualty, all perils and extended and "special form" coverage (including without limitation insurance from and against all losses, damages, claims and liabilities related to or arising from acts of terrorism) on all property, both real and personal, with replacement cost coverage limits of not less than the replacement cost of the Sports Complex and also covering loss of income. The County is self -insured for general liability with statutory limits of $100,000 per person/$200,000 per incident pursuant to Section 768.28, Florida Statutes, and waives and has waived sovereign immunity to that extent. The insurance policies referenced above in this paragraph shall further name Sponsor and Club as an additional insured and shall provide a thirty (30) day notice of cancellation or non -renewal and a severability of interest endorsement. 14 Proprietary and Confidential SECTION 13. ENTIRE AGREEMENT; AMENDMENTS. This Agreement contains, and it is intended as, a complete statement of all of the terms and provisions of the arrangements and understandings between the parties hereto with respect to the matters provided for herein, and supersedes all prior agreements, understandings, representations, negotiations and discussions, whether oral or written, of the parties hereto with respect to those matters. No amendment, supplement or modification of this Agreement shall be binding unless executed in writing by the party to be bound thereby. SECTION 14. ASSIGNMENT. Sponsor may not assign this Agreement and may not assign or delegate any rights or obligations hereunder except with the prior written consent of County and the Club, in County's and the Club's sole and absolute discretion. SECTION 15. CONFIDENTIALITY/NON-DISCLOSURE. The terms and provisions of this Agreement shall remain strictly confidential and each party hereto shall not disclose the terms and provisions of this Agreement to any other party, except (i) to the Parties' agents, employees, attorneys, accountants, financial advisers, lenders and representatives, (ii) to Club and its affiliates, agents, employees, attorneys, accountants, financial advisers, lenders and representatives, (iii) as required by the Requirements, (iv) as directed by a court of competent jurisdiction, (v) as required by law (including Sections 119.011 and 119.07, Fla. Stat. (2003)) after consultation with counsel, or (vi) in any litigation or arbitration between the Parties. SECTION 16. NOTICES. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including facsimile communication but excluding e-mail) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service (with acknowledgment of receipt), telecommunicated (including by fax), or mailed by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO COUNTY: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 33482 Telephone: (772) 462-2130 Facsimile: (772) 462-1648 AS TO SPONSOR: Digital Domain Holdings Corporation 10521 SW Village Center Drive Port St. Lucie, Florida 34987 Telephone: (772) 345-8300 Facsimile: (772) 345-8113 Attention: Jonathan Teaford, CFO With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 33482 Telephone: (772) 462-1420 Facsimile: (772) 462-1440 With a copy to: Eavenson & Kairalla, P.L. 2000 PGA Boulevard Suite 3200 Palm Beach Gardens, FL 33408 Telephone: (561) 626-1011 Facsimile: (561) 626-1042 15 AS TO CLUB: Sterling Facility Services, L.L.C. Attn: Paul Taglieri, Vice President 527 NW Peacock Boulevard Port St. Lucie, FL 34986 Telephone: (772) 871-2121 Facsimile: (772) 878-9802 Proprietary and Confidential Attention: Bradley B. Eavenson, Esquire With a cony to: Sterling Mets, L.P. Attn: David Howard, Executive Vice President Citi Field Flushing, New York 11368 Telephone: (718) 565-4309 Facsimile: (718) 446-1225 And with a cony to: General Counsel Citi Field Flushing, New York 11368 Telephone: (718) 565-4397 Facsimile: (718) 335-8066 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by facsimile device, and (c) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. SECTION 17. THIRD PARTY BENEFICIARY. The Club is an intended and vested third party beneficiary of this Agreement, and as such shall be entitled to enforce its rights and Sponsor's or County's agreements, obligations, warranties and representations under this Agreement as if a party hereto. This Agreement may not be modified, supplemented, or amended, and no breach or provision of this Agreement may be waived, without the prior written consent of Sponsor and County and the Club in each instance if its interests may be adversely affected. SECTION 18. RELATIONSHIP OF THE PARTIES. This Agreement does not constitute a partnership agreement, nor does it create a joint venture or agency relationship between or among the Parties or the Club. Neither party shall be liable for the representations, acts, or, omissions of the other party contrary to the terms of this Agreement. SECTION 19. WAIVERS. The failure of either party hereto at any time or times to require performance of any provision hereof shall in no manner be deemed to affect such party's right at a later time to enforce the same. No waiver by either party of the breach of any term contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach or of the breach of any other term or provision of this Agreement. 16 Proprietary and Confidential SECTION 20. REMEDIES CUMULATIVE; ATTORNEY'S FEES. Except as expressly stated herein, all remedies provided in this Agreement shall be deemed cumulative, and the exercise of one shall not preclude the exercise of any other remedy for the same event or any other event. The prevailing party in any litigation brought hereunder or in connection herewith shall be entitled to a reimbursement of their reasonable costs and attorney's fees from the non -prevailing party. SECTION 21. SEVERABILITY. If any provision of this Agreement shall be held invalid or unenforceable, the remainder shall remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. SECTION 22. HEADINGS. The headings of the Sections contained in this Agreement are for purpose of reference only, are not part of this Agreement and are not to affect the construction of, or to be taken into consideration in interpreting, this Agreement. SECTION 23. COUNTERPARTS. This Agreement may be executed in counterparts, each of which when so executed shall be deemed to be an original and both of which taken together shall constitute one and the same agreement. This Agreement may be executed and delivered via facsimile machine by the parties hereto, which shall be deemed for all purposes as an original. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. NEXT PAGE 1S SIGNATURE PAGE.] 17 Proprietary and Confidential IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on dates so indicated, as follows. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Date signed: , 2010 APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY DIGITAL"N�#OLtNi BY: Name: Title: Date signed: DIC BY: Nan Title Date signed: CORPORATION 2010 2010 STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2010, by , as of Notary Public, State of Florida My Commission Expires: 18 Personally known OR Produced Identification Proprietary and Confidential STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2010, by as of Digital Domain Holdings Corporation, a Florida company. Notary Public, State of Florida My Commission Expires: STATE OF FLORIDA COUNTY OF ST. LUCIE Personally known OR Produced Identification The foregoing instrument was acknowledged before me this day of , 2010, by , as of Digital Domain, a Delaware company. Notary Public, State of Florida My Commission Expires: 19 Personally known OR Produced Identification Proprietary and Confidential Naming Rights Agreement Exhibit A A Parcel of land lying in sections 23 and 26, Township 36 South, Range 39 East, St. Lucie County, Florida, particularly described as follows (the "Land"): Commence at the Northeast corner of Section 24, Township 36 South, Range 39 East; thence run North 89'44'41" West along the North line of said Section 24 a distance of 5282.95 feet to the Northwest corner of said Section 24; thence run Southeasterly along the arc of a curve, concave to the Northeast, with radius of 1273.24 feet, and central angle of 31 °40'04", and chord bearing of South 15°49'29" East a distance of 703.73 feet to a point of tangency; thence run South 31 °39'31" East a distance of 314.70 feet to a point of curvature; thence run Southeasterly along the arc of a curve, concave to the Southwest, with radius of 1096.22 feet and central angle of 28°35'55" a distance of 547.17 feet to a point of tangency; thence run South 03'03'36" East a distance of 292.82 feet; thence run South 86'56'24" West a distance of 638.79 feet to a point of curvature; thence run Southwesterly, along the arc of a curve, concave to the Southeast, with radius of 2864.79 feet and central angle of 47°43'22" a distance of 2386.14 feet; thence run South 50°46'58" East a distance of 60.00 feet to the point of beginning; thence run South 50'25'05" East a distance of 982.20 feet; thence run South 29°08'31" East a distance of 1077.84 feet; thence run South 03°20'05" East a distance of 1328.73 feet; thence run Westerly along the arc of a curve, concave to the Southwest with a radius of 3858.28 feet and Central angle of 17°44'58" a distance of 1195.24 feet to a point of tangency; thence run South 81 °00'24" West a distance of 624.60 feet to a point of curvature; thence run Northwesterly along the arc of a curve, concave to the Northeast, with radius of 25.00 feet and Central angle of 90'00'00" a distance of 39.27 feet to a point of tangency; thence run North 08°59'36" West a distance of 770.72 feet to a point of curvature; thence run Northeasterly along the arc of a curve, concave to the Southeast, with radius of 2804.79 feet and central angle of 48' 12'38" a distance of 2360.04 feet to the point of beginning. Containing 100.00 acres. County acknowledges that Sponsor and the Club are relying upon the County's legal description of the Land as set forth above, and agrees that such reliance is reasonable. 20 MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl-us wwwstlucieco.org tflI;�tlalanfu�au�l€�I��nai���a�+���t�Chris Dzado�vy, Chairman District No i1����ua>it;l�aai�t��t�it�[�����t�l Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 twit iliti�iiNi�liliiiiiliiNiflitiilii ttiilMiii�#iiii�it�iiiiJBli uwm MINUTES Approve the minutes from the March 9, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 24 and 25. 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 swom 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 DISTRICTS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 9, 2010 Convened: 9:51 a.m. Adjourned: 9:51 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Chris Craft, Paula Lewis, Doug Coward, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Millie Delgado -Feliciano, Deputy Clerk, Elizabeth Steele, Deputy Clerk MINUTES Approve the minutes from the February 23, 2010 meeting. It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held February 23, 2010, and; upon roll call, motion carried unanimously. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 22 and 23. The Board approved Warrant List No. 22 and 23. B. MOSQUITO CONTROL Native planting at Queen's Island The Board approved the contract with Design Build, Inc. and authorized the Chairman to sign the contract as approved by the County Attorney. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 03/12/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #24- 06-MAR-2010 TO 12-MAR-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 31,480.46 GRAND TOTAL: 31,480.46 PAGE 1 PAYROLL 0.00 0.00 03/19/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #25- 13-MAR-2010 TO 19-MAR-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 15,815.94 GRAND TOTAL: 15,815.94 PAYROLL 30,628.02 30,628.02 EROSION DISTRICT trt F� �_ q"w� '� 3 }"�° + if C '% !e � E""'t t ,. 3a "§�rF � ,',,, ¢�'� � fir. "`xY ,� •� islx'er 31 �, �,.- n Y � � t a �r.r�/ �. y •ate' � 7. t�,: ''�� ,+�i x s ?<' s+z 'J a � �, �= y $ � ,"� �6 � �$n 4 a r *r a. ��'.x •,,x' 1�' �" "�, ¢: ¢-s - ''" r � a � '� '� }a. � � .. ,�3�4 � t � y t � � � ..:�• � , : '! r- v (-#�f� z � te�i "._ r � .Yk.+� ,, s3';' ? �' � � �','' m �y �' �� `k,,;..' 'X. ' •a' �`1., `r �s.y s �+ s v��ik�"+ Ili wr`� �. 3 i � a �� rz tS.�± ,1'� ♦.. Arl Av :�'# ,"r�:7rt �•%.r ;q� r S`` �'' ' �, s It , �y � v-�« :� s•; irk. �, � ,,. �" t y' J_ 7' ` s} `' ;•e I �' .. w r 3'k55a+�- �' _.r 8 e�.?�'d �. �•�';.,p.x,? A _. iu� � x � F � �"fa; I I. i aN y B ✓ e\ W R .i +2`x i Kl rts XI k I rr � r � "`#,, F `� � .r', 1 S 1 3'�`L '' � 'z } i .: �' �, t �y, _ '•�' � vwa� �d�.rc �' s�`'• ,j� J �' t r . I --------------F e y_ `7 � u � ft � k a 1 x; 3 < � xP 1 i j EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.org Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 IIHBUHiWMIUMUWMUUWAMtHUMMUHMUHURM MINUTES Approve the minutes from the March 9, 2010 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 24 and 25. 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 swom 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 9, 2010 Convened: 9:52 a.m. Adjourned: 9:52 a.m. Commissioners Present: Chairman, Chris Craft, Charles Grande, Doug Coward, Paula A. Lewis, Chris Dazdovsky Others present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Millie Delgado -Feliciano, Deputy Clerk, Elizabeth Steele, Deputy Clerk MINUTES Approve the minutes from the February 23, 2010 meeting. It was moved by Com. Grande, seconded by Com. Lewis, to approve the minutes of the meeting held on February 23, 2010, and; upon roll call, motion carried unanimously. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 22 and 23. The Board approved Warrant List No. 22 and 23. B. PUBLIC WORKS South St. Lucie County Beach Restoration Project The Board approved Amendment No. 3 to Work Authorization No. 6 with Coastal Tech and Work Authorization No. 4 with Taylor Engineering and authorized the Chairman to sign documents as approved by the County Attorney. 2. Artificial Reef Grant Application The Board approved the artificial reef construction grant application to the National Geographic conservation Trust for $20,000. Artificial Reef Grant Application The Board approved the artificial reef construction grant application to the Florida Fish and Wildlife Conservation Commission (FWC) for $60,000. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 03/19/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #25- 13-MAR-2010 TO 19-MAR-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 513.41 GRAND TOTAL: 513.41 PAGE 1 PAYROLL 4,966.40 4,966.40