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Home My WebLink AboutAgenda Packet 05-25-2010iiHii{tl�tftiiNiilttil[iiiN{ili{fiitiiitiiiiHtif�li�lli�tUiA�i[ittltE�ftiififlltlliiiliilfitftfHiiilittii�llliil0iftfifitliii�fiiiiltiiiTililiffif3iliitiitiiliii!{ilili{ttfiif May 25, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 05/21/2010 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 prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting 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. May 25, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.orq 16014i tS11i,6Wi' i in,iii�liii[iiiUtiiliim1fii .... Charles Grande, Chairman 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 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 18, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Engaging Youth for Positive Change Presentation - London Reeves, Program Director Infinity Teen Center, Boys & Girls Clubs of St. Lucie County. B. League of Women Voter to present recognition award to SLCTV C. Erica Byfield, President, Comet Creative to present the 2010 Tourism Photo Contest Winner V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 34 B. COUNTY ATTORNEY Resolution No. 10-146 — "Renewable & Alternative Energy Day at Indian River State College on Florida's Research Coast" Consider staff recommendation to approve to adopt Resolution No. 10-146 as drafted. 2. Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. — Facilities Use Agreement Consider staff recommendation to approve the proposed Facilities Use Agreement with Green Collar Task Force Joint Apprenticeship and Training Committee, Inc., and authorize the Chairman to sign the agreement. B. COUNTY ATTORNEY CONTINUED Adopt Resolution No. 10-160 to award the 2010-2011 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab pursuant to Section 893.165F.S. Consider staff recommendation to approve to adopt Resolution No. 10-160 and award the 2010-2011 funds collected from the Drug Abuse trust fund to the St. Lucie County Drug Screening Lab. Once approved the FY10/11 budget will be revised to reflect this annual allocation. 4. Interlocal Agreement with the Property Appraiser — Solid Waste Service Assessment Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Resolution No. 10-082 — Establishing an Administrative Fee Policy for Street Lighting Improvement Service Districts Consider staff recommendation to approve adoption of proposed Resolution No. 10-082 as drafted. 6. Ordinance No. 10-011 — Abandoned Real Property Registration System — Permission to Advertise Consider staff recommendation to grant permission to advertise Ordinance No. 10-011 for a public hearing before the Board of County Commissioners on June 15, 2010 beginning at 6:00 p.m. or as soon thereafter as may be heard. Request to have the Board to amend and approve a Contractual Rate Agreement (Amendment No. 0004) with United for Families, Inc (UFF) for drug screening services. Consider staff recommendation to approve the Amended Contractual Rate Agreement with United for Families, Inc., and that the Chairman be authorized to sign the Amended Contractual Rate Agreement. 8. Madison Vines, L.L.C. — Approval to Joinder and Consent of Mortgagee/Lien Holder for Fort Pierce Utilities Authority Water and Wastewater Supply Agreement Consider staff recommendation to approve the proposed Joinder and Consent of Mortgagee/Lien Holder for Fort Pierce Utilities Authority Water and Wastewater Supply Agreement for Madison Vines, L.L.C., and authorize the Chairman to sign the document. Missionary Flights and Services, Inc. - Landlord's Release and Consent for Mortgage to TD Bank, N.A. Consider staff recommendation to approve approve the proposed Landlord's Release and Consent, and authorize the Chairman to sign the document. 10. Resolution No. 10-158 - Supporting the Construction of the C-23/C-24 Reservoirs Consider staff recommendation to adopt the attached Resolution No. 10-158 as drafted. B. COUNTY ATTORNEY CONTINUED 11 ADDITION Revocable License Agreement - Community Asphalt Corp,. for SR'A-1-A ;Construction Project Staging Area Consider staff recommendation to approve the proposed Revocable License Agreement with Community Asphalt Corp., and authorize the Chairman to sign the agreement. C. OFFICE OF MANAGEMENT AND BUDGET Purchasing Division: 1. Amendment to the Co-op Contract for the Purchase of Diesel, Gasoline, Heating & Emergency Generator Fuel Consider staff recommendation to approve the first amendment to Contract No. C08-08- 361 with Glover Oil Company, Inc. extending the term through July 21, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Amendment to Contract for Preventive Maintenance Services for County Fleet Vehicles Consider staff recommendation to approve the second amendment to Contract No. C08- 08-374 with Reliable Tire & Auto Care Center, extending the contract through August 21, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Amendment to Medical Examiner's Budget FY 2009/2010 Consider staff recommendation to approve the Medical Examiner's budget reduction request in the amount of $6,493. St. Lucie County's share of the Medical Examiner's budget will change from $519,682 to $513,189 for FY 2009/2010. 4. Amendment to Contracts for Tree Trimming and Removal Services Consider staff recommendation to approve the second amendment to Contract No. C08- 08-347 with Tri-Brothers Tree & Landscaping, Inc. and Contract No. C08-08-345 with Paul Fasnacht Lawn & Tree Trimming, extending the contracts through August 11, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. 5. Assignment of Contract for the Garbage Collection and Recycling Services for St. Lucie County Facilities Consider staff recommendation to approve the assignment of Contract C08-05-231 from All Haul to Waste Pro USA, Inc., and authorization for the Chairman to sign the documents as approved by the County Attorney. D. PUBLIC WORKS Administration: 1. Taylor Creek Dredging Phase 2 Consider staff recommendation to approve Budget Resolution No. 10-152 and Budget Amendment No. 10-021 establishing the fund for the Florida Department of Transportation grant for the Taylor Creek Dredging Phase 2 project in the amount of $454,904 with a $454,904 local match as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. I E F PUBLIC WORKS CONTINUED Engineering Division: 2. Beau Rivage Drainage Improvements (South Shore Drive and Everglades Boulevard Culvert Replacements) Consider staff recommendation to approve bid award to Melvin Bush Construction, Inc. in the amount of $61,722.30 for construction of the Beau Rivage Drainage Improvements, CIP form CIP10-035, Budget Amendment Number BA10-022, and authorization for the Chairman to sign documents as approve by the County Attorney. HOUSING & COMMUNITY SERVICES Library Division: 1. St. Lucie West Library Annual Payment Consider staff recommendation to approve the annual payment of $150,197 for Contracted Services to IRSC for library services at St. Lucie West Library for FY2009/10. SirsiDynix Annual Software Maintenance Contract Renewal Consider staff recommendation to approve the SirsiDynix software maintenance contract in the amount of $33,161.71 and authorization for the Chairman to sign documents as approved by the County attorney. Community Services Division: 3. Transit Shelter Funds Consider staff recommendation to approve acceptance of fee -in -lieu of payment in the amount of $15,000, approval of Budget Resolution 10-035, and authorization for the Chairman to sign documents as approved by the County Attorney. Housing Division: 4. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Closeout Consider staff recommendation to approve to close out the CDBG DRI grant, and to authorize the Chairman to sign documents as approved by the County Attorney. UTILITIES Fairwinds Wastewater Treatment Plant Lift Station and Force Main project Consider staff recommendation to approve the Fairwinds Wastewater Treatment Plant Lift Station and Force Main project, capital project summary for CIP10-033, and permission to advertise an Invitation to Bid for the construction of this project. St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2008/2009 Consider staff recommendation to adopt Resolution No. 10-154 ratifying and accepting the Fiscal Year 2008/2009 St. Lucie County Water and Sewer District Annual Comprehensive Report. VII. PUBLIC HEARINGS There are no public hearings scheduled for May 25, 2010. VIII. PLANNING & DEVELOPMENT SERVICES Tourism: TDC Capital Funding for National Navy UDT-SEAL Museum Board consideration of the TDC's recommendation to enter into a grant agreement with the National Navy UDT-SEAL Museum to provide TDC capital funds generated in the remaining FY10 and the entire FY2011 for an estimated amount of $193,528 or Board consideration to fully fund the UDT-SEAL expansion project in the amount of $400,000. IX. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees X. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, May 25, 2010 at 1:30 p.m. in Conference Room #3. The Board of County Commissioners will hold the 2010 Strategic Planning Session on Wednesday, May 26, 2010 from 1:00 p.m. to 5:00 p.m., Thursday, May 27, 2010 from 8:00 a.m. to 5:00 p.m. and Friday, May 28, 2010 from 1:00 p.m. to 5:00 p.m. at the Havert L. Fenn Center. 3. County offices will be closed on Monday, May 31, 2010 to observe Memorial Day. 4. The Board of County Commissioners will hold a public hearing on Tuesday, June 1, 2010 at 6:00 p.m. for the St. Lucie County Water & Wastewater District amendment of rates, fees, and charges for water, sewer and reclaimed water. 5. The Board of County Commissioners will hold a Joint meeting with the Treasure Coast Education & Research Development Authority on Thursday, June 10, 2010 at 2:00 p.m. at the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 6. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, June 22, 2010 at 1:30 p.m. in Conference Room #3. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.orq Iijilliiiti lfiuiiflifllii ll'14 WIN 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 ilii iiliiiiilii1iiiiliiti MINUTES Approve the minutes from the May 11, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 33 and 34. 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 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 InivalniIf"itlIMIIIImIIi6iiiiii MINUTES Approve the minutes from the May 11, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 33 and 34. B. PUBLIC WORKS Artificial reef grant application Consider staff recommendation to approve of an artificial reef construction grant application to the NOAA-FishAmerica Foundation Community Based Restoration Program for $70,000. 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) 462-1 T77 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: May 18, 2010 Convened: 6:00 p.m. Adjourned:11:15 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, Marie Gouin, OMB Director, Carl Holeva, Human Resources Director, Mark Satterlee, Planning and Development Services Director, Don West, Public Works Director, Mike Powley, County Engineer, Joseph E. Smith, Clerk of the Circuit Court, Shai Francis, Finance Director, Lauri Case, Utilities Director, Millie Delgado -Feliciano, Deputy Clerk INVOCATION PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 11, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve the minutes of the meeting held May 11, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. A Presentation of the Comprehensive Annual Financial Report was given by J. Gaines of Berger, Toombs, Elam, Gaines & Frank and Clerk of the Circuit Court Joseph E. Smith B. COUNTY ATTORNEY Resolution No. 10-134 —"National Safe Boating Week" Consider staff recommendation to approve to adopt Resolution No. 10-134 as drafted. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 10-134, and; upon roll call, motion carried unanimously. C. A Presentation on the Annual Report of Workforce Board of the Treasure Coast, DBA Workforce Solutions was given by Gwenda Thompson, President/CEO D. COUNTY ATTORNEY Resolution No. 10-156 — "Civility Month" in St. Lucie County Consider staff recommendation to approve to adopt Resolution No. 10-156 as drafted. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 10-156, and; upon roll call, motion carried unanimously. E. Army Corps of Engineers — update on Lake Okeechobee Water Releases & Herbert Hoover Dike Rehabilitation was given by Mike Rogalski and Luis Alejandro. V. GENERAL PUBLIC COMMENT Mr. John Arena, Ft. Pierce resident, addressed the Board regarding rotary dredging being replaced with nomadic system of dredging. Mr. Craig Mundt, representing the Navy Seal Museum, addressed the Board and advised them of the 2010 Memorial Day Service being held Monday, may 31, 2010 at 10:00 a.m. and also the SEAL Memorial Sculpture Installation Event on Friday, May 29, 2010 at 12:00 Noon. VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 33 The Board approved Warrant List No. 33. B. COUNTY ATTORNEY Revocable License Agreement for Cedar Creek Engineering -Orange Ave The Board approved the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Revocable License Agreement - Mr. & Mrs. Blaszka —102 NW Floresta Drive — River Park Unit Eight The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Mr. and Mrs. Blaszka to record the document in the Public Records of St. Lucie County, Florida. Request to have the Board approve an Interagency Agreement with the Florida Department of Juvenile Justice for the operations of the Juvenile Assessment Center. The Board approved the Interagency Agreement with the Department of Juvenile Justice (D.J.J.) for the operation of the JAC Center. Since D.J.J. is a department of State Government, this Agreement can be approved without a RFP. Furthermore, D.J.J. would be $10,232.33 less expensive to operate per month than with the previous contractor. Donation of Right -of -Way — Church of God Prince of Peace of Port St. Lucie, Inc. — 19 feet on Oleander Avenue — Resolution No. 10-155 The Board approved to accept the Warranty Deed of Donation, authorized the Chairman to sign Resolution No. 10-155 accepting the Warranty Deed of Donation and directed staff to record the documents in the Public Records of St. Lucie County, Florida. C. ST. LUCIE TRANSPORTATION PLANNING ORGANIZATION Resolution 10-151, Budget Amendment The Board approved Budget Resolution 10-151 in the amount of $169,052. D. GRANTS/DISASTER RECOVERY Harbor Branch Salt Marsh Restoration Project — Grant Application The Board approved submitting a grant application to the U.S. Fish and Wildlife Service for $1 million for restoration of 178 wetland acres at Harbor Branch Preserve. Also, the Board authorized to commit $15,311 to the Harbor Branch Wetland Restoration Project. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Village of Sunset Lakes — Amendment to the Official Zoning Atlas and Preliminary Planned Town or Village (PTV) site plan approval. Consider staff recommendation to adopt Resolution No. 10-028, granting approval of an Amendment to the Official Zoning Atlas and the Preliminary Planned Town or Village (PTV) site plan, with limiting conditions, for the project known as Village of Sunset Lakes as outlined in the 2 05/14/10 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #33- 08-MAY-2010 TO 14-MAY-2010 FUND SUMMARY FUND TITLE EXPENSES 001 General Fund 001113 CDBG Supp Disaster Recovery Subgran 001164 USDOJ Violence Against Women Grant 001176 FTA Section 5303 F/Y06 001180 US Dept Housing HUD Shelter Plus Gr 001188 Section 112/MPO/Fhwa/Planning 2007 001442 FCTD Planning Grant Agreement 001443 FDCA RCMP Grant 001509 US Dept of Housing CDBG 09 001510 CSBG FY 2009-2010 001511 ARRA CSBG 2009 001512 Neighborhood Stabilization Program 001513 EITC CSBG T&TA Program 001515 FDCA EMPA FY10 001822 Trea. Coast Sea Turtle Friendly Pra 101 Transportation Trust Fund 101001 Transportation Trust Interlocals 101002 Transportation Trust/80o Constitut 101003 Transportation Trust/Local Option 101004 Transportation Trust/County Fuel Tx 101006 Transportation Trust/Impact Fees 102 Unincorporated Services Fund 102001 Drainage Maintenance MSTU 102809 Paradise Park Phase 2 SFWMD 104003 Hurricane Frances Donations 105 Library Special Grants Fund 107 Fine & Forfeiture Fund 107001 Fine & Forfeiture Fund -Wireless Sur 107002 Fine & Forfeiture Fund-E911 Surchar 107003 Fine & Forfeiture Fund-800 Mhz Oper 107006 F&F Fund -Court Related Technology 107205 Juvenile Justice & Delinquency Prev 107206 FDCF Criminal Justice, Mental Healt 129 Parks MSTU Fund 130 SLC Public Transit MSTU 130209 FCTD TRIP FY 09/10 140 Airport Fund 140347 Rehab Runway 9/27 150 Impact Fee Collections 160 Plan Maintenance RAD Fund 183 Ct Administrator-19th Judicial Cir 183001 Ct Administrator-Arbitration/Mediat 183004 Ct Admin.- Teen Court 183006 Guardian Ad Litem Fund 184211 FDEP South SLC Beach Restoration 184212 Fort Pierce IMP Implementation 184215 DEP Ft Pierce Shore Protection 2012 185009 FHFA SHIP 2007/2008 11 328,427.44 1,880.21 3.42 102.43 3,589.47 14,515.03 85.72 4r900.00 20.92 12,803.24 23,457.05 4,505.82 1, 041 . 58 2, 629.11 140.78 16, 162 . 83 80.16 21,268.25 14, 523.21 18, 171.50 24,582.05 7, 276.81 4, 937 . 02 3, 766. 60 1, 946.85 1,792.85 170,225.50 3,069.62 12,849.65 32,295.48 2,226.20 763.52 1, 113.28 1, 656.17 149.24 27,858.59 16,470.97 14,322.59 108.90 9, 821.46 6, 058.33 640.00 515.73 865.78 33,814.28 7, 005 . 54 18,512.62 308,800.00 PAYROLL 543,221.81 3,244. 60 51.24 1,373.20 135.09 8, 813 . 41 1,170.85 0.00 295.80 2,238.32 1,157.60 3, 759.02 0.00 0.00 0.00 58, 053.33 1,237.60 44.955.80 21,999.39 17,211.57 0.00 67, 989.89 9,869.20 0.00 0.00 0.00 99, 147.03 1, 122 . 83 48,985.15 0.00 8, 736. 95 2, 076.00 0.00 0.00 2,067.37 0.00 11,486.56 0.00 1,523.20 3, 110.46 3,009.49 0.00 5, 404.72 0.00 0.00 0.00 0.00 0.00 05•/14/10 FZABWARR FUND TITLE 185010 185011 189100 189101 189102 189201 189202 310001 315 316 318 396 401 418 451 458 461 471 478 479 491 505 505001 611 615 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST 433- 08-MAY-2010 TO 14-MAY-2010 FUND SUMMARY FHFA SHIP 2008/2009 FHFA.SHIP 2009/2010 Home Consortium Home Consortium FY 2008 Home Consortium 2009 FHFC Hurricane Housing Recovery Pla My Safe Florida Home Impact Fees -Library County Building Fund County Capital County Capital -Transportation Bond Lennard Road 1 - Roadway 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 In Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund SLC Art in Public Places Trust Fund Bank Fund 11 GRAND TOTAL: EXPENSES 684.35 1, 970.24 1,768.43 122.00 1, 390.00 367.58 97.71 2, 067. 91 1,850.00 6, 899.38 492.04 16.64 232,659.47 6, 423. 67 421.04 48.36 40,347.88 3, 573.03 97.03 6, 632.84 37,942.50 943,379.47 1, 533 . 57 282.65 11,478.91 148.94 240,803.15 2,725,252.59 PAGE PAYROLL 0.00 0.00 1,703.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 53,020.63 19,646.30 3, 540.27 656.21 18,571.62 7,718.53 1,316.92 1,481.06 17,196.83 1,186.40 3,288.44 1, 901.01 0.00 0.00 0.00 1,104,674.70 attached memorandum, and authorized the Chairman to sign the resolution as approved by the County Attorney. The Planning Manager addressed the Board on this item and advised them the Planning and Zoning Board had approved this project subject to conditions to the BOCC. Staff recommended that an additional condition be added requiring right and left turning lanes at each project entrance subject to possible designs and constraints. Com. Coward stated one of his concerns with this project is the out parcels and also the existing residents in that area. Staff advised the Board the applicant had indicated that additional buffering and green space would be provided between existing residents and proposed area to the north. Mr. Ramon Trias, Trias & Associates, representing the petitioner provided a presentation on the project and addressed the Board members questions. Com. Dzadovsky stated the Board has talked about development paying for itself. He asked if there were going to be sidewalks constructed in this project and if the infrastructure would be the responsibility of the residents. Mr. Trias advised Com. Dzadovsky there would be sidewalks as required and they will be maintained by the Homeowners Association. Com. Dzadovsky addressed if they had considered having a sustainable community with such things as solar lighting for street lights or lead components. Mr. Trias stated he was a lead certified professional and he could not confirm that this project would be certified into the lead category because there are some location requirements, however he does recommend following the lead requirements. Com. Dzadovsky asked if they would be able to increase their water storage on site Mr. Trias stated they more than likely would due to the fact they will need to obtain permits from SFWMD and the Ft. Pierce Waster District. Also, they are designing the flow way in a more comprehensive way. He believes they can do it. Com. Dzadovsky addressed using re-claim water to irrigate the community. Mr. Trias stated one of the TVC requirements is to have re-claim water and he hopes they can design a system to use as much of this water on site as they can. Com. Dzadovsky asked what their time frame was for construction should the market improve. Mr. Trias stated they are looking to hopefully start in two years provided the market improves. He believes this project provides the environmental and water improvements that other developments do not as well as the quality. Com. Grande stated he has a problem with the mix and there is an unusual land design to begin with. This project settles for 2,000 sq ft. of retail which is one store, so you don't get to reduce the number of trips. He believes what is being done with the water, the flow ways and the parks is great, but they are not getting the people to the stores. Mr. Trias stated the code is what it is and it is very complex. His role to some level is to think about what will happen in the future. Com. Craft expressed his concern with the intersection of Johnston and Indrio. He believes there is a signal coming in this summer. The County Engineer provided information regarding this intersection. Com. Craft stated he would like to see the applicant make an improvement prior to CO for 1/8 of a mile or so and asked the County Engineer what would be needed for such an improvement. The County Engineer stated they would need the engineering design associated with it. The assistance of an Engineer to put together a straight forward design. Mr. Trias stated he would be very happy to do this if the county designs it KI Ms. Kathryn McCracken, Golden Pond resident, addressed the Board and stated she disagreed with the Planning and Zonings analysis of buffers reducing impact. She urged the Board to deny this request. Mr. Daryl Crum, 2280 Johnston Road resident, addressed the Board and asked they be cautious due to the fact this is the first plan and it should be done right. He believes if they are only requiring 2,000 ft in retail, this property may be too small for the project and was told this was all traffic could handle. He questioned who would maintain the public parks. Mr. Crum was advised by the Planning Manager that even though the parks are open to the public, they will be maintained by the development. Mr. Victor Watt, Johnston Road resident, addressed the Board and stated he was in agreement with 1 house per acre, but not 700 they cannot get out of the driveway. He believes they are wasting tax payer's money. He addressed the funding for the repair of the golf course. Com. Dzadovsky advised Mr. Watt these were MSTU funds for parks and they could not be used for anything other than these types of projects. Mr. Frank Lee, Meadowood resident, provided a video indicating his opposition to the project. Ms. Paula (unintelligible last name) Johnston Road resident, addressed the Board and stated her opposition to the site plan and stated it was inconsistent. She believes there will be a drastic change in the look of the area. She expressed her concerns with drainage. She stated she believed the traffic analysis is flawed as well as the revised environmental impact report. She believes the standards of review for re -zoning have not been met. Ms. Delores Patterson, Meadowood resident, addressed the traffic on Johnston Road presently. She does not understand where their exchange will go. Mr. Trias addressed the questions pertaining to the parks and their locations. Com. Dzadovsky questioned fire and emergency service. Mr. Trias stated they have a site, however when he spoke to the Fire District, they indicated no interest but it will be there if they change their mind. He also addressed the 1-95 off ramp and stated the TVC road map has a proposed interchange for 2050. They looked at the connection on Immokalee Road and this is what is in the plan and stated all was taken into consideration, however he assumes the funding would not be available until 2050 for the interchange. Com. Grande asked if the deed restrictions would the state homeowners were responsible for the maintenance of the public accessed roads and parks since it was not a gated community. Mr. Trias advised the Board that this is how communities are built and how it is in the TVC plan. Com. Coward requested going back to Com. Craft's prior comments on having Johnston Road and Indrio Road and having certain improvements completed up front rather than waiting. Mr. Trias proposed that if the county provides the design for the intersection this would be a good condition of approval for the development to pay for it. This would be phase 1, of the future project, construction design of the interchange and construction of the design. Com. Craft stated this intersection is very important because it is under a lot of stress presently and he thanked the petitioner for agreeing. Com. Dzadovsky stated he had asked for a commitment of having one or two of the civic areas used as hurricane shelters. He stated the applicant indicated they would take this into consideration. Com. Coward asked if there was a formula to identify what would be needed. The Planning Manager stated she had some discussion with the builder, but did not discuss size. The Planning and Development Services Director stated there are standards in place with the American Red Cross. Additionally there are building standards in place. 4 Com. Dzadovsky stated he would like to see it self- sustainable regarding hurricane shelters for the disabled and elderly as well as the use of re-claimed water and would like this as a condition. The applicant responded positively. Com. Dzadovsky also requested an area be defined for a pool rather than having those residents going to the Lakewood Park pool. The applicant stated there is a provision for this. Com. Grande addressed the design of the flow -way and stated they would need to meet drainage requirements of both entities at the beginning, plus investing in creating their portion of the flow - way. Mr. Trias stated he is very optimistic this will be successful drainage system. Com. Dzadovsky addressed the lead provision, the lighting district and lighting costs. He stated he would like to see this as a sustainable community solar lighting lad. Mr. Trias stated they would follow this as a standard even if they could not get certified. The Development and Services Director addressed the VMT (Vehicle Miles Traveled proposal). They are waiting for this proposal and once received they will move forward and the impact fees will be reflected in the VMT proposal. Com. Dzadovsky stated he would like to make this a condition based on proportionate fair share or VMT. The Development Services Director addressed Com. Dzadovsky's request. Com. Grande stated he agrees with the idea of supporting the flow way and the movement towards the downtown area, however he has concerns with to go to the intensity of the village or neighborhood but not provide for the balance of the retail portion. This is a problem for him. Everything he has seen in this design is great, but the bottom line is they did not achieve the mix, the village that sustains the jobs and captures the trips. The Planning Manager addressed Com. Grande's concerns and the process they went through regarding the commercial. She stated the concerns are valid; however the goal of the TVC was to provide for that and in other areas of the plan there are larger parcels of land that would accommodate and provide those services. This particular parcel was an isolated node of mixed use development and over all you do not have the roof tops that would be needed to support that retail. Com. Grande stated he is not sure does if this piece of land according to the rules produces what they should have on this parcel of land? Is it in the best interest of the community? Com. Lewis stated she agrees the traffic issue should be addressed and does this full fill what was to be the TVC. There are a lot of really good elements and will support the plan with the conditions as noted. The commercial issue has been to court and back so it has been addressed. Com. Coward stated there is a tremendous amount of opportunity for the mix of use to occur, but to think it will be on each parcel is unrealistic. He believes they need to look at the picture and not just this parcel. His concern is with compatibility. Traffic issues should be addressed and he concurs with Com. Craft's condition. He would like to make sure the buffering is in place to protect exiting residents. They also need to define what the Board want there and need to have a minimum buffer standard in place. This would help the compatibility issues. QUASI JUDICIAL Com. Coward, Lewis, Dzadovsky, Grande and Craft all acknowledged meeting with Mr. Trias and the neighbors. Com. Grande stated he does not believe the mix is correct and believes they could come back with a better mix and felt there was no reason to approve this now since it would not happen for some time. 5 Com. Coward stated he would like to see the economic development opportunity portion carved out. He does not believe they need to work out the commercial aspect of the plan since it has been discussed extensively in the past. Mr. Trias stated he would work with staff to discuss the office space area. The County Attorney recommended continuing this item for two weeks to allow staff to develop the condition language with the applicant and bring it back to the Board. Com. Grande stated his comments today is how he feels, but would support staff working out the conditions based on the comments heard tonight this would be a way he would support it, he would have a problem supporting it tonight as it stands. Mr. Trias stated he would support a continuance to a date certain. The County Attorney outlined the issues to be discussed, resolved and brought back to the Board a. Traffic- Johnston Road and Indrio Road issues of timing, if the county to design and who will construct it b. Reclaimed water — using it to the extent possible c. Emergency shelters- generators utilizing American Red Cross standards d. Solar lighting construction with local lead and appropriate neighborhood standards e. Define buffering on north side, west side and south side also what is the minimum buffer required and what it includes (interior) f. Define pool amenity and the constructing of the bridge Com. Grande would like to look at the lands east and west and see about the integration of them Staff requested the continuance be scheduled for June 15th so that staff will have time to prepare. It was moved by Com. Craft, seconded by Coward, to continue this item on June 15th at 6:00 pm. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. B. OFFICE OF MANAGEMENT AND BUDGET Amendment to the fiscal year 2009-2010 budget Consider staff recommendation to approve of Budget Resolution No. 10-116 amending the fiscal year 2009-2010 budget. It was moved by Com. Craft, seconded by Com. Coward, to approve Budget Resolution No. 10- 116, and; upon roll call, motion carried unanimously. VIII. COUNTY ATTORNEY Monroe County v. Priceline Class Action Lawsuit Consider staff recommendation to grant approval for the County to remain in the class. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. IX. HUMAN RESOURCES Prison Health Services Inmate Health Care Invoice, FY 2010 Second Quarter Consider staff recommendation to approve the payment of Prison Health Services invoice number PHS0007514 for the Second Quarter FY 2010, in the amount of $1,133,949.92 and budget amendment no. BA10-020 transferring $700,000 from the Reserve Fund to the Inmate Medical Fund. Com. Craft asked the Board to consider with the Public Safety Coordinating Council on this issue. Com. Craft moved to approve. Com. Dzadovsky requested the ability to make comments and asked Com. Craft if he would withdraw his motion. 0 At this time Com. Craft withdrew his motion to approve. A report was given by the interim Risk Manager on the shortage and pending invoices. He advised the Board these costs come from the County's General Fund not the Sheriffs budget. Com. Dzadovsky addressed the strain this issue has caused to all county's within the state. He advised the Board of a Bill where the counties would be charged the Medicare Rate. The Chairman advised the Board this Bill proposes a 110% over the Medicare Rate. Com. Dzadovsky addressed the potential savings the county could have if they were able to get the Medicare Rate and asked how they could have discussions on this issue. The Interim Risk Manager stated they have had discussions with Lawnwood Hospital and proposed the 110% above Medicare rate and they have not responded as yet. Com. Dzadovsky requested this issue be brought back at an informal meeting and then if approved follow with a public meeting where everyone would come to the table. Com. Craft recommended until the state changes the rules; they can have all the public forums they wish, and until they can have that changed, he recommends finding other ways to reduce the cost. They need to educate the public possibly on SLCTV. We are paying 400% above Medicare presently. Com. Coward addressed the lack of competition and if we have the legal ability to install competition. There has to be an element of competition in order to obtain a reasonable rate. The Interim Risk Manager addressed the Board and stated he has had conversations with Martin Memorial and they have verbally offered basic billing at least 30% lower and have agreed to a 50% reduction of that And have also offered a 25,000 cap. Com. Dzadovsky stated if this trend continues, the county will be bankrupt and he believes they need to have a public discussion on this issue. Com. Craft stated they need to show the people in the community and explain to them that they are being affected. They need to take the right process, just having a public meeting will not get them where they wish to be. Com. Dzadovsky disagreed. He believes this would be part of the education process and would like for this issue to be discussed at an informal meeting and then have a public forum on the issue. The County Administrator requested to make the following foot notes: The county was not the one who put out the bid on the street to obtain the medical operator for the jail and with Lawnwood. The arrangement with Lawnwood and comparing it with the situation in Martin County, she met with the CEO of Martin Memorial and negotiated they contract with them and this is where they got that rate. In discussions with the medical provider at the jail, the Sheriffs staff, the County Attorney staff and the hospital, the county is required by law to take inmates to the closest hospital when there is a medical emergency and this is where they get locked in with Lawnwood. In discussions with Martin Memorial, they are looking to contract for non -emergency issues and they believe they can offer us a better rate than Lawnwood. She has put Lawnwood on notice of this as an option when it comes to non -medical emergency. She also pointed out to the Board the request for additional $700,000 is being requested from the reserve funds. FY 12 has $18 million available to close the gap, this 700,000 comes out of the 18 million and continuing to chip away at those funds would increase the gap for FY 12. She did not ask for this from contingency because it would wipe it out and if another department needed funds before the fiscal year is out the funds would not be available. Com. Dzadovsky stated he wanted the residents to know that it was the Florida Legislature that was holding back on settling this issue state wide. Com. Craft stated they are working on invitations to the delegation to attend the Public Safety Coordinating Council showing them how these bills impact the counties. Com. Dzadovsky stated the State needed to start representing the people of the state and not the "Special Interests." It was moved by Com. Lewis, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 7 X. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for March 2010 Consider staff recommendation to approve the payment of Prison Health Services invoice number PHS0007504 for HIV medications for the period of March 1, 2010 through March 31, 2010, in the amount of $21,059.86 It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. Unagendad Com Lewis requested the ratification of her appointment Mr. Bill Hammer to the Citizens Advisory Committee. It was moved by Com. Craft, seconded by Com. Dzadovsky to ratify Com. Lewis' appointment, Mr. Bill Hammer to the Citizens Budget Committee, 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 0 CONSENT AGENDA ITEMS 05/21/10 FZABWARR FUND TITLE 001 001113 001164 001180 001188 001194 001503 001510 001511 001512 001515 101 101002 101003 101004 101006 102 102001 102809 105 107 107002 107003 107005 107006 107162 107205 107206 109 113 114 116 117 118 119 121 123 127 128 129 130102 136 138 140 140001 150 160 183 ST. LUCIE COUNTY - BOARD WARRANT LIST #34- 15-MAY-2010 TO 21-MAY-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant US Dept Housing HUD Shelter Plus Gr Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community DHS/CERTComm Emergency Response Tm CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization 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 Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Edward Byrne Mem. JAG 2009 Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Drug Abuse Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund Blakely Subdivision Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir EXPENSES 486,802.05 5,152.00 14,494.35 8,588.83 894.94 4, 761.10 6.99 457.45 2,413.81 115,543.77 15,654.06 550.00 12,735.88 6,353.96 7,421.33 80,275.58 4,494.85 3,582.54 4, 131.78 1,792.85 289,287.03 15,090.06 51,335.88 8, 757.17 19,756.69 27,015.06 927.50 181.35 35.00 230.31 506.53 563.51 140.18 875.65 854.21 96.81 354.05 376.04 497.92 1,638,381.00 701.76 1,754.03 256.03 12,655.76 148.80 289.00 7.28 4, 912.43 PAGE PAYROLL 30,200.00 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 05/21/10 FZABWARR FUND TITLE 183001 183006 189101 189102 310001 316 362 396 401 418 451 461 471 491 505 611 625 630 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #34- 15-MAY-2010 TO 21-MAY-2010 FUND SUMMARY Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund Home Consortium FY 2008 Home Consortium 2009 Impact Fees -Library County Capital Sports Complex Improv Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund Bank Fund GRAND TOTAL: EXPENSES 100.80 16,453.17 12,000.00 1, 900.00 1,825.01 495.00 6, 196.00 2, 685.56 214,558.71 42,034.91 809.95 23, 578. 66 68,380.42 900.54 38,765.94 31.60 1,625.01 15,141.73 10,594.44 3, 310, 172 . 61 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1, 633.70 0.00 0.00 0.00 0.00 31,833.70 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. VI-,FSj DATE: May 25, 2010 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No.10-146 - "RENEWABLE & ALTERNATIVE ENERGY DAY ATINDIAN RIVER STATE COLLEGE ON FLORIDA'S RESEARCH COAST" BACKGROUND: Michael Corbit, Economic Gardening Coordinator with Florida's Research Coast, has requested that this Board proclaim May 25, 2010 as "Renewable & Alternative Energy Day at Indian River State College on Florida's Research Coast" in St. Lucie County Florida. The attached Resolution No. 10-146 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-146 as drafted. COMMISSION ACTION: CONCURRENCE: [4 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-146 A RESOLUTION PROCLAIMING MAY 25, 2010 AS "RENEWABLE & ALTERNATIVE ENERGY DAY AT INDIAN RIVER STATE COLLEGE ON FLORIDA'S RESEARCH COAST" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Business, industry and education in St. Lucie County are vital to the health of the community. 2. St. Lucie County's new and existing entrepreneurial and small businesses are key to a prosperous future. 3. The creation and expansion of renewable and alternative energy businesses will create new opportunities for local jobs and impact many industry sectors in our community. 4. New and existing renewable & alternative energy targeted businesses import new money to the regional economy, which drives expansion in many sectors, diversifies the tax base, enhances the quality of life for our current and future citizens, and improves the sustainability of the local economy. 5. Public knowledge of the contributions made by new and existing renewable & alternative targeted businesses are essential to the maintenance of good community -business relationships. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 25, 2010 as "RENEWABLE & ALTERNATIVE ENERGY DAY AT INDIAN RIVER STATE COLLEGE ON FLORIDA'S RESEARCH COAST" in St. Lucie County, Florida. 2. This Board urges all residents to take a moment to promote, embrace and salute St. Lucie County's businesses and employees for the contributions they make to our community. PASSED AN DULY ADOPTED this 251h day of May 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney it�EU)is E r)" AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-13-2 Date: May 25, 2010 Regular[ ] Public Hearing[ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. - Facilities Use Agreement BACKGROUND: See C.A. No. 10-0617 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Facilities Use Agreement with Green Collar Task Force Joint Apprenticeship and Training Committee, Inc., and authorize the Chairman to sign the agreement. 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. McIntyre Originating Dept.: — her : Other: _ Roger Shinn 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: 10-0617 DATE: May 10, 2010 SUBJECT: Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. - Facilities Use Agreement BACKGROUND: On June 16, 2009, the County entered into a Memorandum of Agreement with several trade unions and Workforce Solutions to provide for the creation of a registered apprenticeship program to develop and train workers in green collar jobs in St. Lucie County. As provided in the Memorandum of Agreement, the unions have formed a not for profit corporation to administer the apprenticeship program, Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. Attached to this memorandum is a copy of the proposed Facilities Use Agreement with the Task Force for the use of approximately 10,000 square feet inside the Logistics Center and 2,500 square feet in the Logistics Center parking lot to house the program. The agreement requires the Task Force to achieve a total minimum enrollment of one hundred twenty-five (125) for 2010. Two spaces will also be provided for County employees to participate in classes which will assist in the performance of their duties for the County. The Task Force will be required to submit annual reports to document the green technologies curriculum, enrollment, student retention rate, completion rate for each program, and utilization of the Training Center. The Task Force will also provide apprentices to assist the County with its housing rehabilitation program and other projects. The initial term of the agreement will be for five (5) years, subject to extension upon mutual agreement of the parties. Due to its members' financial investment in the Training Center and the length of the training programs, the Task Force proposed that termination by the County during the first forty- eight (48) months be for cause only. In the event the term of the agreement is extended, termination by the County without cause would be permitted upon twelve (12) months prior notice. Representatives from the unions have been working with County staff on the renovations to the Logistics Center and classes are scheduled to begin on June 7, 2010. RECOMMENDATION/CONCLUSION : Staff recommends that the Board of County Commissioners approve the proposed Facilities Use Agreement with Green Collar Task Force Joint Apprenticeship and Training Committee, Inc., and authorize the Chairman to sign the agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Central Services Director Finance Director Management and Budget Director FACILITIES USE AGREEMENT .THIS AGREEMENT 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 "County", and GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE, INC., a Florida not for profit corporation, hereinafter referred to as "Corporation". WITNESSETH: WHEREAS, the County owns a facility located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, on June 16, 2009, the County entered into a Memorandum of Agreement with several trade unions and Workforce Solutions to provide for the creation of a registered apprenticeship program to develop and train workers in green collar jobs in St. Lucie County, hereinafter referred to as the "MOA"; WHEREAS, the MOA provided for the creation of a not for profit corporation to administer the apprenticeship program; and, WHEREAS, the MOA further provided for the parties to enter into a Facilities Use Agreement for space in the Facility for the operation of the apprenticeship program; and, WHEREAS, the Corporation was created pursuant to the MOA; and, WHEREAS, the County is willing to enter into a Facilities Use Agreement with the Corporation to govern the use of the facility for operation of the apprenticeship program. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. SITE The parties acknowledge and agree that the Facility shall be located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, and shall consist of the main building and grounds. 1 2. USE OF FACILITY The Corporation shall use up to 10,000 square feet within the Facility to operate a registered apprenticeship program to develop and train workers in green collar jobs pursuant to the June 16, 2009 Memorandum of Agreement, incorporated herein by reference, and up to 2,500 square feet in the Facility parking lot for outdoor training programs, including but not limited to welders and truck drivers, as depicted in the floor plan attached hereto and incorporated herein as Exhibit "A". The designated interior and exterior spaces shall be known collectively as the "Training Center." The County shall provide access to the Training Center seven (7) days per week during the term on a mutually agreeable schedule. The County shall have the ability to suspend use of the Training Center in the event of a declared state of emergency. The estimated opening date of the Training Center is June 7, 2010. The project date for training programs to begin is June 7, 2010. Failure to meet these projected dates by more than ninety (90) days may result in termination of the Agreement by either party. 3. COUNTY RESPONSIBIITIES A. Provide County grant writers to assist with applications that support the mission of the Program. B. Designate a single point of contact for the administration of this Agreement and the Program. C. Provide priority to Program participants for construction and renovation projects, including affordable housing renovation and construction projects in accordance with County policy and/or funding restrictions. 4. CORPORATION RESPONSIBILITIES A. Operate apprenticeship and pre -apprenticeship programs registered with the State of Florida with a special emphasis on green technologies. This will include the provision of all educators, trainers, materials needed for training or apprenticeship, and development of the curriculum for such training and apprenticeship. All training and apprenticeship activities conducted in the Training Center shall be part and parcel of an apprenticeship program approved and certified by the State of Florida, unless otherwise approved by the Board of County Commissioners. 2 B. Establish registered apprenticeship programs within one year of opening that meet an agreed upon enrollment, including a minimum of two (2) spaces in continuing classes allocated to the County for its employees at no cost. The agreed upon minimum enrollment for each program for 2010 is sixteen (16), with a total Training Center enrollment of one hundred twenty-f ive (125) for 2010. C. Develop and implement written procedures for the operation of the Training Center, including space assignment, equipment and safety measures, hours of operation, security and supervision of program participants. The Corporation will provide a copy of these procedures within ninety (90) days of the opening of the Training Center. In no event shall the County incur additional costs as a result of this Agreement except as approved by the Board of County Commissioners. D. Upon request, provide apprentices and appropriate supervisor(s) to assist the County in housing rehabilitation and other projects. E. Designate a single point of contact for the administration of this Agreement and the Program. F. Maintain control and supervise program participants, invitees, guests so as not to disturb or disrupt other programs and operations at the Logistics Center. G. On or before January 15, 2011, and January 151h of each subsequent year of the Agreement, provide an annual report to the County on the following specific performance measures: (1) Documentation of green technologies curricula provided at the Training Center; (2) Enrollment by program; (3) Student retention rate for each program; (4) Completion rate for each program; and (5) Training Center utilization. 5. TERM; TERMINATION The term of this Agreement shall be for the period beginning 2010, through and including 2015, unless otherwise terminated as herein provided. The term may be extended upon mutual written agreement of the parties. The Corporation may terminate this Agreement without cause upon twelve (12) months prior written notice to the County. 3 During the initial term of this Agreement, the County may terminate this Agreement without cause upon forty-eight (48) months prior written notice. Following the initial term of this Agreement, if extended, the County may terminate this Agreement without cause upon twelve (12) months prior written notice. Upon receipt of notice from the County of its intent to terminate this Agreement, the Corporation shall begin the process of closing the Training Center and disposing of property contained in the Training Center in accordance with the Memorandum of Agreement. The Corporation shall complete such closing and disposition prior to the effective date of termination unless a longer time period is mutually agreed upon between the Corporation and the County. Corporation shall default in the performance of any e4hep term of *he t'h]s I -acuities use AgreemenT, mc►UGMC? UUJ AW limited to the 'Corporation's responsibilities set forth dbove:,in Pitr=aormLh 4 then the County shall send to the Corporation a written notice of default, specifying the nature of the default, and the Corporation shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If the Corporation shall fail to cure and remedy such default within the applicable time, the County shall have the right to declare, by written notice to the Corporation, that the Facilities Use Agreement is in default, and to use all remedies available to the County, including, but not limited to, termination and'such other remedies, procedures and rights specified in this Facilities Use Agreement. If written notice of the default shall have been given to the Corporation, and if the Corporation, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, the County shall not have the right to declare that lease term ended by reason of such default, provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of the County to declare the lease term ended and enforce all of its rights and remedies under this Agreement for any other default not so cured. 6. PERSONNEL The Corporation represents that it has, or will secure at its own expenses, all necessary employees and volunteers required to perform the services under this Agreement. All employees employed by the Corporation shall not be employees of or have any contractual relationship with the County. 4 7. INDEMNIFICATION AGAINST CLAIMS The Corporation is and shall be an independent contractor and operator, responsible to all parties for its acts and omissions and the County shall in no way be responsible for such acts or omissions. , The Corporation shall and will indemnify and hold harmless the County from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the Facility by the Corporation or its agents, servants, employees, customers, clients, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Corporation or its agents, servants, employees, customers, clients, patrons, or invitees, whether in the Facility or on the premises, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement, in or about the Facility or the premises (except for injuries, damages or claims which are the result of the primary negligence of the County and for which the County is legally, directly, and primarily liable). The Corporation further agrees to undertake at its own expense the defense of any action brought against the County claiming damages arising out of, in connection with, or by reason of the Corporation use of the Facility except that in the event the claim is finally determined to have arisen due to the negligence or acts of the County, the County agrees to reimburse the Corporation for the actual expenses incurred by the Corporation in defending the County. The County agrees to cooperate in any defense by the Corporation. In consideration of this indemnification obligation, the Corporation agrees to pay the County the amount of one and 00/100 dollars ($1.00) which amount shall be due and payable within fifteen (15) days of the date of this Agreement. 8. NO LIEN CREATED The Corporation covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the County in and to the Facility under this Agreement, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with the Corporation or furnishing materials or labor to the Corporation, or to its agents or servants, as well as all persons whomsoever, shall be bound by the provisions of the Agreement. •1 9. OPERATING COSTS The Corporation agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, including water, wastewater, telephone, internet, electric and solid waste, incurred in the use and operation of the Training Center. The County shall invoice the Corporation on a monthly basis for its fair share of the cost of electric, water, wastewater and garbage services based upon a percentage of the Facility's costs for these services. The Corporation shall remit payment to the County within thirty (30) days of the receipt of the invoice. The Corporation shall be responsible for obtaining telephone and internet services for the Training Center at its own cost. 10. INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject to the Corporation's sole direction, supervision and control. The Corporation shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Corporation relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. In addition, the Corporation shall not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 11. INSURANCE The parties agree to the following provisions pertaining to insurance: A. Liability Insurance. The Corporation shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the County, protecting and insuring the County against any and all of the foregoing with coverage limits of not less than $1,000,000 for bodily injury and property damage as a result of any single occurrence concerning the Corporation's operation of the Facility. The described policies of insurance and all renewals of those policies shall be delivered to and held by the County. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability specifically insuring this Hold Harmless 6 paragraph. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non -renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by the Corporation to the County at the time of execution of this Agreement. B. Fire and Extended Coverage The Corporation shall, at all times during the term of this Agreement and at the Corporation's sole expense, keep the premises insured against loss or damage by fire and hazards customarily insured by extended coverage in an amount greater than or equal to the fair market value of the Facility and its contents. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate the County as an additional named insured. A certificate of such insurance shall be provided by the Corporation to the County at the time of execution of this Agreement, specifically providing that the insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to the County. C. Damage or Destruction to Facility. Except as otherwise provided in this Agreement, if the Facility or any part of the Facility, shall be damaged or destroyed, the Corporation shall, to the extent of the insurance deductible and insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to the Corporation. It shall be the Corporation's responsibility to repair or reconstruct the Facility as appropriate. The Corporation shall be responsible for the payment of any deductible required under its insurance coverage. Any other terms or provisions of this Agreement pertaining to repair, alteration, construction or reconstruction by the Corporation shall be binding upon the Corporation in repairing or reconstructing the Facility. If such a substantial portion of the Facility is destroyed so that the Corporation determines that it cannot reasonably continue to utilize the Facility until the same is repaired or replaced, then the Corporation may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the County. D. Workers' Comprehensive Insurance. The Corporation shall maintain in effect Workers' Comprehensive Insurance as required by Florida Statutes, covering all employees of the Corporation including 7 employer's liability insurance, with limits of not less than $100,000.00 per accident. E. Certificate of Insurance. The Corporation shall furnish County at the time of execution of this Agreement, the Corporation's Certificate of Insurance evidencing existence of the coverage required above with an insurer approved by the Insurance Commissioner for the State of Florida. In the event a claim is filed against a party for operations that are covered by the provisions of this Agreement, the party agrees to notify the other parties of the claim as soon as possible but not later than thirty (30) days after the party receives the claim, consideration being given to the form of the claim and the time limits within which answer must be served. F. The County shall maintain an insurance policy, which may be the County's self insured policy, covering property damage to the Training Center and all County owned fixtures contained in the Training Center. Such insurance shall not cover workers compensation or general liability for users of the Training Center who are present for the purpose of education and/or training. 12. REPAIRS AND MAINTENANCE The County agrees at its expense to maintain and make all routine repairs to all major Facility systems, including structural, air conditioning, electrical, plumbing, and sewer systems. The Corporation agrees at its expense to make all routine repairs to the Training Center and any major building system, as listed above, required as a result of the Corporation's use of the Facility. The Corporation at its expense agrees to deliver to the County upon the termination of this Agreement, the Training Center in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fire excepted. The Corporation shall keep the Training Center at all times in a clean and orderly condition and appearance and all of the Corporation's fixtures, equipment and personal property which are located on any part of the Facility which are open or visible to the general public shall likewise be so kept and maintained. In the event that the Corporation fails in any material respect to so clean the Training Center within a period of thirty (30) days after notice from the County to do so, or fails in any material respect diligently to pursue to completion such action, then the County may, at its option, and in addition to any other remedies which may be available to it, clean all or any part of the Training Center included in such notice, and cost shall be payable by the Corporation immediately upon demand of the County. E 13. ADDITIONAL COVENANTS OF CORPORATION A. The Corporation shall use and occupy the Facility solely for the purpose specified in Paragraph 2 of this Agreement. B. The Corporation shall pay all applicable taxes, assessments on its operation as well as on goods, merchandise, fixtures, appliances, equipment and property owned by it and located in or about the Facility. C. Prior to any construction upon the premises by the Corporation, including any alterations, changes or additions, the Corporation shall submit to the County complete building plans for such proposed construction, and prior to such construction, the written approval of plans must be given by the County Administrator or her designee which approval will not be unreasonably withheld and any other applicable government or agency. D. The Corporation shall undertake efforts to market the Training Center programs. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 14. NON-DISCRIMINATION The Corporation for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities. 15. CONFLICT OF INTEREST The Corporation hereby represents and warrants that neither it nor any of its directors, officers, members, partners or employees has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Corporation further represents and warrants that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the 9 financial interest of any corporations, partnership or association in which he/she is, directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this agreement or in the proceeds thereof. 16. ASSIGNMENT No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 17. ENVIRONMENTAL COMPLIANCE; ENVIRONMENTAL CONTAINMENT AND REMOVAL The Corporation acknowledges and agrees that the County makes no presentations or warranties whatsoever as to whether any pollutant, or hydrocarbon contamination, hazardous materials, or other contaminates or regulated materials (collectively, "Materials") exist on or in the Facility, including the parking lot, in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of any federal, state or local court or entity with jurisdiction of such matter. It shall be the responsibility of the Corporation to make sufficient inspection of the Training Center and to satisfy itself as to the presence or absence of any such Materials. The Corporation shall provide the County, if requested at any time, with a list of all hazardous, bio-hazardous, or other Materials stored, used, generated or disposed of in the Facility. The Corporation agrees to comply with all existing and future federal, state, local and County environmental laws, ordinances and regulations, and the requirements of any Development Order covering the Facility, issued to the County pursuant to Chapter 380, Florida Statutes, including without limitation those addressing the following: A. Proper use, storage, treatment and disposal of Materials, including contracting with a licensed hazardous waste transporter and/or treatment and disposal facility to assure proper transport and disposal of hazardous waste and other regulated Materials; B. Proper use, disposal and treatment of storm water runoff, including the construction and installation of adequate pre- 10 treatment devices or mechanisms on the Premises, if applicable; C. Adequate inspection, licensing, insurance, and registration of existing and future storage tanks, storage systems, and ancillary facilities to meet all County, local, state and federal standards, including the installation and operation of adequate monitoring devices and leak detection systems; and D. Adequate facilities for management and, as necessary, pretreatment of industrial waste, industrial wastewater, and regulated Materials and the proper disposal thereof. The release of any Materials on the Facility, or as a result of the Corporation's operations, that is in an amount that is in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of any federal, state, or local court or governmental authority, by the Corporation, or any of its officers, employees, contractors, subcontractors, invitees, or agents of the whether committed prior to or subsequent to the date of execution of this Agreement, shall be, at the Corporation's expense, and upon demand of County or any of its agencies or any local, state, or federal regulatory agency, immediately contained or removed to meet the requirements of applicable environmental laws, rules and regulations. If the Corporation does not take action immediately to have such Materials contained, removed and abated, the County or any of its agencies may upon reasonable notice to the Corporation (which notice shall be written unless an emergency condition exists) undertake the removal of the Materials; however, any such action by the County or any of its agencies shall not relieve the Corporation of its obligations under this or any other provision of this Agreement or as imposed by law. No action taken by either the Corporation or the County to contain or remove Materials, or to abate a release, whether such action is taken voluntarily or not, shall be construed as an admission of liability as to the source of or the person who caused the pollution or its release. As used in this Agreement, the Corporation's operations, actions and words of similar import, shall include all actions and inaction by the Corporation, or by any of its officers, employees, contractors, subcontractors, invitees, or agents. As required by law, the Corporation shall provide the federal, state, County and local regulatory agencies with notice of spills, releases, leaks or discharges (collectively, Release of Materials on the Facility which exceeds an amount required to be reported to any local, County, state, or federal regulatory agency under applicable environmental laws, rules and regulations, which notice shall be in accordance with applicable environmental 11 laws, rules and regulations. The Corporation shall further provide the County with written notice within one (1) business day following commencement of same, of the curative measures, remediation efforts and/or monitoring activities to be effected in the Facility. The Corporation shall have an updated contingency plan in effect relating to such releases which provide minimum standards and procedures for storage of regulated Materials and other Materials, prevention and containment of spills and releases, and transfer and disposal of regulated Materials and other Materials. The contingency plan shall describe design features, response actions, and procedures to be followed in case of releases or other accidents involving hazardous Materials, bio-hazardous Materials or petroleum products or other Materials. The Corporation agrees to permit entry at all reasonable times, of inspectors of the County and of other regulatory authorities with jurisdiction. The County, upon reasonable written notice to the Corporation, shall have the right to inspect all documents relating to the environmental condition of the Training Center, including without limitation, the release of any Materials in the Training Center, or any curative, remediation, or monitoring efforts, and any documents required to be maintained under applicable environmental laws, rules and regulations pertaining to the Facility including, but not limited to, manifests evidencing proper transportation and disposal of Materials, environmental site assessments, and sampling and test results. The Corporation agrees to allow inspection of the Facility by appropriate federal, state, County, and local agency personnel in accordance with applicable environmental laws, rules and regulations and as required by any development order issued to the County pertaining to the Facility, pursuant to Chapter 380, Florida Statutes. If the County arranges for the removal of any Materials from the Facility that were caused by the Corporation, or any of its officers, employees, contractors, subcontractors, invitees, or agents of the Corporation, all costs of such removal incurred by the Corporation and shall be paid by the Corporation to the County within ten (10) calendar days of the County's written demand, with interest at the rate of eighteen percent (18%) per annum thereafter accruing. The Corporation shall not be liable for the release of any Materials caused by anyone other than the Corporation, or any of its officers, employees, contractors, subcontractors, invitees, or agents of the Corporation. Nothing herein shall relieve the Corporation of its general duty to cooperate with the County in ascertaining the source and, containing, removing and abating any Materials. The County shall cooperate with the Corporation with respect to the Corporation's obligations pursuant to these provisions, including making public records available to the Corporation in accordance with Florida law; provided, however, nothing herein shall be deemed to relieve the Corporation of its obligations hereunder or to create any affirmative duty of the County to abrogate its 12 sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with County codes, ordinances, rules and regulations, federal laws and regulations, state and local laws and regulations, development orders and grant agreements. The County and its employees, contractors, and agents, upon reasonable written notice to the Corporation, and the federal, state, local and other County agencies, and their employees, contractors, and agents, at times in accordance with applicable laws, rules and regulations, shall have the right to enter the Facility for the purposes of the foregoing activities and conducting such environmental assessments (testing or sampling), inspections and audits as it deems appropriate. The Corporation hereby agrees that at anytime during the last year of the term of this Agreement, and at anytime during the year following any termination of this Agreement, the County shall have the right to conduct an Assessment and Facility Exit Inspection of the Facility, at the County's expense. If documentation warrants, the County shall have the right to conduct a further assessment of the Facility at the County's expense which may include, but shall not be limited to, soil and water samples. If any assessment or inspection indicates that further actions should be conducted, then the County shall have the right to have such further actions conducted at the Corporation's expense. Nothing herein shall be construed to limit the County's right of entry onto the Facility pursuant to other provisions of this Paragraph or of this Agreement, or pursuant to its regulatory powers. In the event such assessments and inspections find the Corporation in substantial and material violation of this section, the Corporation shall reimburse to the County the cost of such assessments and inspections as are chargeable to the Corporation pursuant hereto, within ten (10) calendar days following written demand therefore, with interest at the rate of eighteen percent (18%) per annum thereafter accruing. In the event the County shall arrange for the removal of Materials from the Facility that are not the responsibility of the Corporation to correct, the County shall use reasonable efforts to not disrupt the Corporation's business, however, in no event shall the Corporation be entitled to any amount on account of damages as a result of the County's clean-up activities. The provisions of this Section shall survive the expiration or other termination of this Agreement. 18. ENTIRE AGREEMENT This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the subject matter 13 hereof, and supersedes all other negotiation, understandings, and representations (if any) made by and between such parties. 19. AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 20. FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement. 21. BINDING EFFECT All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 22. NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: As to County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney 2300 Virginia Avenue As to Corporation: Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. 1003 Belvedere Road West Palm Beach, Florida 33405 14 Fort Pierce, Florida 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 telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) 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. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 23. HEADINGS The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 24. PRONOUNS In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. 25. SURVIVAL All covenants, agreements, representations and warranties made herein or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 26. WAIVERS The failure or delay of any party prior to a period which would constitute laches at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or 15 demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 27. GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 2010. Attest: Board of County Commissioners St. Lucie County, Florida BY: BY: Deputy Clerk Chairman Approved as to Form and Correctness: BY: County Attorney Attest: 5:\atty\agreemntVac-use \Green Collar.doc Rev. 5.24.10 Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. BY: 16 President (Seal) ITEM NO. VI-B-3 AGENDA REQUEST DATE: 05/25/10 REGULAR PUBLIC HEARING LEG. QUASWD CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark J. Godwin SUBMITTED BY: County Attorney/Criminal Justice Div. Criminal Justice Coordinator SUBJECT: Adopt Resolution No. 10-160 to award the 2010-2011 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab pursuant to Section 893.165F.S. BACKGROUND: The St. Lucie County Drug Lab qualifies as an alcohol and drug abuse prevention, treatment and or education program in accordance to Section 893.165, Florida Statutes and St. Lucie Code and Complied Laws Section 1-7-23. The St. Lucie County Drug Lab opened on July1, 2008. The lab tests clients from the criminal, pretrial and family divisions of court along with providing tests to specialized courts such as Mental Health and Drug Court. Many of the clients are "waived" by the courts due to indigence declarations by the Judges. The drug abuse treatment fund would help off set the cost of chemicals for the defendants who have had their fees waived by the courts. FUNDS AVAILABLE: N/A PREVIOUS ACTION: In 2007 the Board awarded the Lab appx. $48,000.00 in drug abuse trust fund dollars. In 2008 the Board awarded the Lab $14,300.00 in drug abuse trust fund dollars. In 2009 the Board awarded the Lab through Resolution $63,000.00 in drug abuse trust fund dollars. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 10-160 and award the 2010-2011 funds collected from the Drug Abuse trust fund to the St. Lucie County Drug Screening Lab. Once approved the FY10/11 budget will be revised to reflect this annual allocation. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED OTHER Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst (Namp) C—, (Name) �rante T (Name) COt1NTYLil- County Attorney MEMORAND UM10-0631 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator-b DATE: May 25, 2010 SUBJECT: Adopt Resolution No. 09-237 to award the 2010-2011 Drug Abuse Trust Fund to the St. Lucie County Drug Screening Lab ITEM NO. Consent / VI-B-3 Background: On March 18, 2008, the Board approved the implementation and opening of the St. Lucie County Drug Screening Lab. The Lab opened on July 1, 2008, and currently averages 407 individual tests per week. The Judiciary supports the SLC Lab and feels the lab is vital program in substance abuse detection of defendants. Furthermore Successful completion and management of defendants participating in Mental Health and Drug Court is paramount to successful programs and specialty courts. In 2009, Judge Cox stated "Many graduates have admitted that drug testing was the biggest deterrent to relapse. As a felony judge, I was much more confident in allowing someone to be released from the jail, knowing that they would be drug tested and if they used, their bonds or ROR were immediately revoked by the pretrial services dept. Many of the litigants are on SSI/SSD and are unable to pay the full testing fees. Drug addiction requires random and frequent testing to serve as a true deterrent, which can be costly to many, although the frequency decreases once they are involved in treatment and meetings. Without continued drug testing in SLC, our jail population will expand quickly". Once awarded, the funds would be used to help offset the cost of the indigent drug screening. Recommendation: Staff recommends that the Board adopt Resolution No. 10-160 and award the 2010/2011 funds collected from the Drug Abuse Treatment Fund to the St. Lucie County Drug Screening Lab. Due to economic conditions the funds for FY 10/11 are estimated to be $30,000.00 which is $33,000.00 less than what was awarded last year. RESOLUTION NO.10-160 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FINDING THAT IT IS IN THE PUBLIC'S BEST INTEREST TO AWARD THE 2010-2011 ALCOHOL AND OTHER DRUG ABUSE TREATMENT FUND GRANT TO THE ST. LUCIE COUNTY DRUG LAB PURSUANT TO SECTION 893.16S, FLORIDA STATUTES AND ST. LUCIE COUNTY CODE AND COMPILED LAWS SECTION 1-7-23 WHEREAS, pursuant to Section 893.165, Florida Statutes, the Board has established an Alcohol and Other Drug Abuse Trust Fund; and WHEREAS, the St. Lucie County Drug Lab is a county alcohol and drug abuse prevention, treatment or education program; and WHEREAS, the Board wishes to select the St. Lucie County Drug Lab as the recipient of the Alcohol and other Drug Abuse Trust Fund grant for 2010-2011. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1. The St. Lucie County Drug Lab is the recipient of the Alcohol and other Drug Abuse Trust Fund grant for 2010-2011, which is estimated to be thirty thousand dollars ($30,000). Section 2. Effective Date. This Resolution shall become effective upon adoption (the "Effective Date") Section 3. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chairman Charles Grande XXX Vice Chairman Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX PASSED AND DULY ENACTED this 25th day of May, 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk CORRECTNESS: BY: Chairman APPROVED AS TO FORM AND BY: County Attorney AGENDA REQUEST r;� ' CouNTY F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED WORT): County Attorney ITEM NO. VI-8-4 DATE: May 25, 2010 REGULAR(] PUBLIC HEARING [j CONSENT [XX] PRESENTED BY: Katherine Mackenzie -Smith Assistant County Attorney SUBJECT; Interlocal Agreement with the Property Appraiser - Solid Waste Service Assessment BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: APPROVED [ J DENIED [ ] OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: : izvManagement d Budget rchasing: Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: County Eng.: Ron Roberts Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO.: 10-0610 DATE: May 10, 2010 SUBJECT: Interlocal Agreement with the Property Appraiser - Solid Waste Service Assessment *y►**ww*ww+►ww+rww,4,t*.,.�.+►ws,r BACKGROVND: Pursuant to Section 197.3632, Florida Statutes, the County is authorized to impose non - ad valorem assessments and by resolution has expressed its intent to use the uniform method of notice, levy, collection and enforcement of such assessments. Attached to this memorandum is a draft Interlocal Agreement with the Property Appraiser. The purpose of the Agreement is for the County and the Property Appraiser to establish and agree upon the undertaking of the responsibilities in order for the County to utilize the uniform method for the notice, levy, collection, and enforcement of non -ad valorem assessments, to provide for reimbursement by the county to the Property Appraiser for all necessary administrative and actual costs incurred and to compensate the Property Appraiser for services rendered in assisting the County with the annual preparation and certification of non -ad valorem assessment rolls. This Agreement and its terms and conditions shall govern those non -ad valorem assessment programs and Assessment Rolls implemented and maintained by the County for the purposes of solid waste service assessment within the County's Solid Waste Urban Service Area. RECOMMENDATION/CONCLVSION: Staff recommends that the Board approve the Interlocal Agreement with the Property Appraiser and authorize the Chairman to sign the Agreement. KMS/cof Attachment Respectfully submitted, e Katherine Macken -Smith Assistant County Attorney ti INTERLOCAL AGREEMENT THIS AGREEMENT made and entered into this day of 2010, by and between ST. LUCIE COUNTY, Florida, a political subdivision of the State of Florida (hereinafter referred to as the 'County'), whose address is 2300 Virginia Avenue, Fort Pierce, Florida and the ST. LUCIE COUNTY PROPERTY APPRAISER, a constitutional officer of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida (hereinafter referred to as *Property Appraiser'). WITNESSETH: WHEREAS, the County is authorized to impose non -ad valorem assessments and by resolution has expressed its intent to use the uniform method of notice, levy, collection and enforcement of such assessments, as authorized by Section 197.3632, Florida Statutes; and WHEREAS, the uniform methodology with its enforcement provisions including the use of tax certificates and tax deeds for enforcing against delinquencies, is more fair to the delinquent property owner than traditional lien foreclosure methodology; and WHEREAS, the uniform method will provide for more eff iciency of collection by virtue of the assessment being on the tax notice issued by the St. Lucie County Tax Collector (the 'Tax Collector') which will produce positive economic benefits to the County; and WHEREAS, the uniform methodology will tend to eliminate confusion and promote local government accountability; and WHEREAS, Section 197.3632(2), Florida Statutes, provides that the County shall enter into a written agreement with the Property Appraiser for reimbursement of necessary administrative costs incurred in implementing said section; and WHEREAS, the Property Appraiser is willing to assist the County with the annual preparation and certification of non -ad valorem assessment rolls as contemplated hereunder. NOW, THEREFORE, for and in consideration of the foregoing, including mutual terms, covenants and conditions herein contained, the parties do contract and agree as follows: ARTICLE I PURPOSE The purpose of this Agreement is for the County and the Property Appraiser to establish and agree upon the undertaking of the responsibilities pursuant to Section 197.3632, Florida Statutes, in order for the County to utilize the uniform method for the notice, levy, collection, and enforcement of non -ad valorem assessments, to provide for reimbursement by the County to the Property Appraiser for all necessary administrative and actual costs incurred in such activity and to compensate the 5:\ATTY\AGREEMNT\INTERLOC\Property Approiser-Solid Waste Anmt.wpd -1- Property Appraiser for services rendered in assisting the County with the annual preparation and certification of non -ad valorem assessment rolls (the 'Assessment Rolls*). It is the intent of the parties hereto that this Agreement and the terms and conditions hereof shall govern those non -ad valorem assessment programs and Assessment Rolls implemented and maintained by the County for the purposes of solid waste service assessment within the County's Solid Waste Urban Service Area. ARTICLE II TERM The term of this Agreement shall commence on January 1 and shall run through December 31, the date of the signature of the parties notwithstanding, and shall automatically be renewed hereafter for successive periods not to exceed one (1) year each. However, the County shall inform the Property Appraiser, as well as the St. Lucie County Tax Collector and the Florida Department of Revenue, by January 10 in any calendar year in which it intends to discontinue use of the uniform method of collecting each such assessment pursuant to Section 197.3632(6), Florida Statutes. ARTICLE III COMPLIANCE WITH LAWS AND REGULATIONS The parties shall comply with all statutes, rules and regulations pertaining to the levy and collection of non -ad valorem assessment by, and any ordinances promulgated by St. Lucie County not inconsistent with, nor contrary to, the provisions of Section 197.3632, Florida Statutes, and Section 197.3635, Florida Statutes, and any subsequent amendments to said statutes, and any rules duly promulgated pursuant to said statutes. This Agreement incorporates the provisions of Section 197.3632, Florida Statutes, as they exist on the date of execution hereof and as they may be from time to tie hereinafter amended or renumbered. ARTICLE IV DUTIES AND RESPONSIBILITIES OF THE COUNTY The County agrees, covenants and contracts to: (A) Reimburse the Property Appraiser for administrative costs incurred pursuant to Section 197.362, Florida Statutes. (8) Compensate the Property Appraiser for services rendered in the annual preparation and certification of the Assessment Rolls on behalf of the County, with such compensation at a rate of 1% of the collection. (C) Make all reimbursement or payment to the Property Appraiser hereunder in accordance with the Florida Prompt Payment Act, Chapter 28, Part VII, Florida Statutes, or its successor in function. 5:\ATTY\AGREEMNT\INIERLOC\Property Appraiser -Solid Waste Assmt.wpd - 2 - (D) The County agrees to cooperate with the Property Appraiser to implement the uniform method of notice, levy, collection and enforcement of each non -ad valorem assessment, pursuant to, and consistent with, all the provisions of Section 197.3632 and 197.3635, Florida Statutes, or its successor of statutory provisions and all applicable rules promulgated by the Department of Revenue and their successor rules. ARTICLE V DUTIES OF THE PROPERTY APPRAISER (A) The Property Appraiser agrees, covenants, and contracts to: (1) Facilitate the annual preparation of the Assessment Rolls on behalf of the County and deliver the Assessment Rolls to the County by June 1 of each year. (2) Cooperate with the County and Tax Collector to implement the Uniform Method of notice, levy collection and enforcement of each of the subject non -ad valorem assessment rolls, pursuant to and consistent with all provisions of Sections 197.3632 and_ 197.3635, Florida Statutes, or successor statutory provisions and all applicable rules promulgated by the Department of Revenue and their successor rules. (3) Upon request of the County, provide the County with a written itemized statement of (i) any necessary administrative and actual costs incurred by the Property Appraiser for which reimbursement is sought, and (ii) costs for services related to preparation and certification of the Assessment Rolls. (a) In the event that the parties hereto subsequently agree that the Property Appraiser shall discontinue those services related to the preparation and certification of the Assessment Rolls, then the Property Appraiser shall, annually by June 1", provide the County with at least the following information by compatible electronic medium so as to enable the County to prepare and certify the Assessment Rolls on its own behalf: (i) the legal description of the properties subject to the non -ad valorem assessment: (ii) the names and addresses of the owners of such property: (iii) the property identification number of each parcel in a manner that conforms to the format of the ad valorem roll submitted to the Florida Department of Revenue, and (iv) any other information reasonably needed by the County to create, re -compute, reconfigure, revise, correct or otherwise formulate the Assessment Rolls. (C) Although the Property Appraiser is not required by law to submit information other than items (i), (ii) and (iii) in paragraph (8) of this section, the Property Appraiser shall make reasonable efforts to assist and accommodate the County's creation of one or more Assessment Rolls. 5:\ATTY\AGREEMNT\ZNTERLO[\Property Appraiser -Solid Waste Ass t.wpd - 3 - ARTICLE VI TERMINATION Either Party may cancel and terminate this Agreement with or without cause upon one (1) years prior written notice to the other Party and at that time, all responsibility and obligation under this Agreement will terminate. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals and have caused these presents to be signed by their duly authorized officers, the date first written above. ATTEST: Deputy Clerk ATTEST: SAATTY\AGREEMNT\INTERLOC\Prop" Appraiser -Solid waste Assnt.wpd -4 - BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney PROPERTY APPRAISER OF ST.LUCIE COUNTY, FLO DA BY: roper Appraiser 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-8-5 Date: May 25, 2010 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Resolution No. 10-082 - Establishing an Administrative Fee Policy for Street Lighting Improvement Service Districts BACKGROUND: See C.A. No. 10-0562 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends adoption of proposed Resolution No. 10-082 as drafted. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: X, CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: WA- aniel 5. McIntyre Marie Gouin Originating Dept.: Other doncild West Finance (Check for Copy only, if applicable):_ Purchasing: Other : \4 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-0562 DATE: May 11, 2010 SUBJECT: Resolution No. 10-082 - Establishing an Administrative Fee Policy for Street Lighting Improvement Service Districts BACKGROUND: On May 11, 2010, the Board adopted Ordinance No. 10-017 which amends Chapter 1- 17 (Roads and Bridges) of the Code of Ordinances and Compiled Laws to provide a single, unified procedure for the creation and administration of Street Lighting Improvement Service Districts. In conjunction with the establishment of these procedures, staff is recommending the Board adopt a new administrative fee policy for Street Lighting Improvement Service Districts as set forth in proposed Resolution No. 10-082, a copy of which is attached to this memorandum. The administrative fees would be set at five percent (5%) of the District's total operating cost to the General Fund and two percent (2%) of the District's total operating cost to the Transportation Trust Fund. Operating costs would include, but not be limited to, the cost of utilities, billing, advertising, copying and postage. RECOMMENDATION/CONCLUSION: Staff recommends adoption of proposed Resolution No. 10-082 as drafted. Attachment HY/ Respectfully submitted, Jr -cr,- b—a— Heather Young Assistant County Attorney 1 Copies to: County Administrator Management and Budget Director Public Works Director MSBU Assistant RESOLUTION NO. 10-082 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ESTABLISHING AN ADMINISTRATIVE POLICY FOR STREET LIGHTING IMPROVEMENT SERVICE DISTRICTS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On May 11, 2010, the Board of County Commissioners adopted Ordinance No. 10-017 which amended Chapter 1-17 (Roads and Bridges) of the Code of Ordinances and Compiled Laws to provide a single, unified procedure for the creation and administration of Street Lighting Improvement Services District. 2. Although each Street Lighting Improvement Services District requires management of its assets by the Board and staff, each District is intended to be self-supporting, It 3. The annual cost of administrative, legal and budget (collectively administrative") services for each Street Lighting Improvement Service District is funded from the Transportation Trust Fund and the General Fund of the County which are subsequently reimbursed for staff time allocated to the District. 4. In order to proceed on a uniform basis for all Street Lighting Improvement Service District under Ordinance No. 10-017, it is necessary and appropriate to rescind any and all previously adopted policies and procedures for the assessment of administrative fees for a Street Lighting Special Improvement Service District. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby rescinds any and all previously adopted policies and procedures for the assessment of Street Lighting Improvement Service District administrative services fees. 1 2. The Board hereby establishes an administrative fee for each Street Lighting Improvement Service District, now existing or created in the future, in the amount equal to five percent (5%) of the total operating cost to reimburse the General Fund and two percent (2%) to reimburse the Transportation Trust Fund. "Operating costs" shall include, but not be limited to, the cost of utilities, billing, advertising, copying, and postage. 3. The administrative fees for each Street Lighting Improvement Service District shall be paid annually from special assessment collections. 4. This resolution shall take effect upon adoption. PASSED AND DULY ADOPTED this day of May, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) SUBJECT: BACKGROUND: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: APPROVED (] DENIED [ j OTHER: Approved 5-0 [X] County Attorney: Daniel S. McIntyre County Attorney ITEM NO. VI-66 DATE: May 25, 2010 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Katherine Mackenzie -Smith Assistant County Attorney Ordinance No. 10-011 - Abandoned Real Property Registration System - Permission to Advertise See CA No. 10-0618 Staff recommends that the Board grant permission to advertise Ordinance No. 10-011 for a public hearing before the Board of County Commissioners on June 15, 2010 beginning at 6:00 pm or as soon thereafter as may be heard. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] Code Compliance Manager: Ro in Meyer INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 10-0618 DATE: May 25, 2010 SUBJECT: Ordinance No. 10-011- Abandoned Real Property - Permission to Advertise BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 10-011, which, if adopted, would amend the St. Lucie County Code of Ordinances to require mortgagees to register abandoned properties upon the filing of a [is pendens or the initiation of a foreclosure action. Registration shall include information regarding the property, the property owner, the mortgagee and the local agent. Properties subject to this ordinance are required to be inspected on a monthly basis and maintained in compliance with St. Lucie County Codes. Several jurisdictions have enacted similar ordinances, including Hillsborough and Broward Counties, Towns of Davie and Melbourne, and Cities of Ocala, Coconut Creek and Margate. This ordinance is modeled after Hillsborough County with the additional requirement that the property be secured if there is a declared state of emergency. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 10-011 for a public hearing before the Board of County Commissioners on June 15, 2010 beginning at 6:00 pm or as soon thereafter as may be heard. Respectfully submitted, KMS/cb Katherine Mackenzie -Smith Assistant County Attorney ORDINANCE NO. 10-011 Formerly No. 09-033 AN ORDINANCE ESTABLISHING WITHIN THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY AN ABANDONED REAL PROPERTY REGISTRATION SYSTEM; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING REGISTRATION OF ABANDONED PROPERTIES; PROVIDING STANDARDS FOR MAINTENANCE OF ABANDONED PROPERTIES; PROVIDING FOR INSPECTIONS; PROVIDING FOR EXEMPTIONS AND WAIVER; PROVIDING FOR ENFORCEMENTAND PENALTIES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County Commissioners of St. Lucie County has the power to adopt ordinances necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, recent events in the housing market have led to a drastic rise in the number of foreclosed properties in unincorporated St. Lucie County, Florida; and WHEREAS, many of these properties are vacated prior to the conclusion of the foreclosure process, leavingthe properties unoccupied for extended periods of time awaiting foreclosure sale, often creating an unattractive public nuisance; and WHEREAS, many of these vacant and abandoned properties are in violation of multiple aspects of state law and local ordinances, including, among other violations, open structures, yards full of junk, trash and debris, unlocked houses, overgrown grass and bushes, and unsecured swimming pools that are not only a threat to children but become breeding grounds for infectious insects such as mosquitos; and WHEREAS, the Board of County Commissioners of St. Lucie County finds that mortgagees have an interest in maintaining vacant and abandoned real property subject to the terms of each mortgage; and WHEREAS, these mortgagees are often located out of state, making it difficult to notify the mortgagees of violations of the codes and ordinances of unincorporated St. Lucie County; and WHEREAS, the Board of County Commissioners of St. Lucie County desires to protect the public health, safety and welfare of the citizens of St. Lucie County and maintain a high quality of life for the citizens of St. Lucie County; and Underlined passages are added. -1- Struelt through passages are deleted. WHEREAS, the Board of County Commissioners of St. Lucie County finds that the registration of vacant and abandoned real properties that have been foreclosed upon or are the subject of foreclosure actions will protect against the devaluation caused by vacant and abandoned properties, and is in the best interest of the public health, safety and welfare. WHEREAS, the Board of County Commissioners of St. Lucie County finds that abandoned real property is unsightly, unsafe and has a negative impact on the community. The Board of County Commissioners of St. Lucie County hereby declares that all abandoned real property in unincorporated St. Lucie County that has been foreclosed upon or is the subject of foreclosure actions or proceedings is a public nuisance, the abatement of which, pursuant to the County's police power, is hereby declared to be necessary for the health, safety and welfare of the citizens of St. Lucie County. WHEREAS, it is the intent and purpose of this Ordinance to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by (1) identifying the vacant properties, (ii) requiring all mortgagees, including lenders, trustees, and service companies, to register abandoned properties that have been foreclosed upon or are the subject of foreclosure actions or proceedings; and (iii) regulating the maintenance of abandoned properties that have been foreclosed upon or are the subject of foreclosure actions or proceedings, to prevent blighted and unsecured residences. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Part A. Section II. Abandoned Property, Garbage, Trash, Junk and Debris, of Chapter 1-9, "Garbage, Trash and Refuse", of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Sec. 1-9-16. Definitions ABANDONED PROPERTY means wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and is visible from the adjacent property and/or public right-of-way adjacent to the property on which the article is located, and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, white goods, building materials, refrigerators, washing machines, plumbing fixtures, furniture, and any similar article which has no value other than nominal salvage value, if any. The presence of a current license plate on a motor vehicle shall raise a rebuttable presumption that the motor vehicle is not abandoned property. The presence of a current registration decal on a boat shall raise a rebuttable presumption that the boat is not abandoned property. For the purpose of this Section, a motor vehicle, boat or trailer shall be deemed abandoned property if it is inoperative for a period of longer than five (5) days and is not stored in an enclosed building, or at an authorized junk or auto wrecking yard. Evidence of Underlined passages are added. -2- Siwelrihrengh passages are deleted. removed or flat tires; partial or complete dismantling motor vehicle, boat or trailer in other than an upright or operable manner; or lack of a current license plate or current registration decal shall raise a rebuttable presumption that the motor vehicle, boat or trailer is abandoned property. ABANDONED REAL PROPERTYmeans any real Property in unincorporated St Lucie County that is vacant and is under a current Notice of Default and is the subiect of a foreclosure action or Proceeding, is the subject of a foreclosure sale where the title was retained by the mortgagee involved in the foreclosure and/or has been transferred under a deed in lieu of foreclosure or sale to the mortgagee. DEBRIS means fragments or accumulations of pieces of metal, rubber, plastic, cloth or any other natural, manufactured or vegetative matter. ENFORCEMENT OFFICER means Sheriff, code enforcement officer or any other officer designated by resolution of the Board of County Commissioners to enforce the provisions of this Section. FORECLOSURE means the legal process by which a Parcel tract lot or other defined area of real Property, placed as security for a real estate loan is Dreoared for sale by the lender/mortgagee to satisfy the debt if the borrower/mortgagor defaults This definition shall include all Processes, activities and actions by whatever name associated with the described process. GARBAGE means any waste part of food or other discarded animal or vegetable matter subject to bacterial decay. JUNK means pieces, parts, or discarded whole units of metal, rubber, plastics, glass, or other objects manufactured from either organic or inorganic materials. LOCAL means within the boundaries of St Lucie County Florida LOCAL AGENT means an agent located in St Lucie County designated by the mortgagee upon registration as required under this Section MORTGAGEE meansthe creditor, including but not limited to trustees-, service companies; lenders in a mortgage agreement; any agent servant or employee of the creditor; any successor in interest; or any assignee of the creditor's rights interests or obligations under the mortgage agreement. For purposes of this Section only, the term Mortgagee does not apply to governmental entities. OWNER means every person entity, or service company, who alone or severally with others: Underlined passages are added, -3- -. It +hreugk passages are deleted. 11 has legal or equitable title to any dwelling dwelling unit mobile dwelling unit building structure or parcel of land vacant or otherwise including a mobile home park; or 21 has care charge or control of any dwelling dwelling unit mobile dwelling unit building structure or parcel of land vacant or otherwise including a mobile home park, in any ca acit includine but not limited to agent, executor, executrix administrator, administratix trustee or guardian of the estate of the holder of legal title; or 31 is a mortgagee in possession of any such dwelling dwelling unit, mobile dwelling unit building structure or parcel of land vacant or otherwise including a mobile home park; or 41 is an agent trustee or other person appointed bythe courts and vested with possession or control of any such dwelling dwelling unit mobile dwelling unit, building, structure, or parcel of land vacant or otherwise including a mobile home park; or 51 is a person who operates a rooming house. PERSON means any individual firm, business, partnership, corporation, or unincorporated association. TRASH means broken parts of trees, prunings, clippings, or other pieces or fragments of vegetative matter. VACANT means any building structure or dwelling dwelling unit mobile dwelling unit, building structure or parcel of land vacant or otherwise including a mobile home park that is not legally occupied for more than fifteen (15) days. Section 1-9-19.5. Registration of Abandoned Real Properties (a) Duty to Provide Written Notice of Abandoned Real Property 1. UUDon the filing of a lis pendens and/or any action to foreclose upon a mortgage or similar instrument all mortgagees must register with the St. Lucie Countv Code Enforcement Division on forms provided by the Division or when available, electronically, all abandoned real property within ten (10) calendar days after the mortgagee determines the real P-roperty is abandoned. The morta ee must designate and retain a local individual or local property management company as the local agent responsible for the security and maintenance of the real property All registrations must state the property address; the owner's name, mailing address and telephone number: the mortgagee's name mailing address and telephone number; and the local agent's name mailing address telephone number and e-mail address. Mailin Underlined passages are added. -4- s1puel( *Mrengh passages are deleted. addresses may not be a post office box. This registration must also certify that the real property was inspected and is abandoned real property_ 2. All real property registrations are valid for one (1) calendar year. An annual registration fee of One Hundred dollars ($100.00) or such other amount established by the Board of County Commissioners of St. Lucie County by adoption of a resolution shall accompany each registration form. Subsequent annual registrations and fees are due fifteen (15) days before the expiration of the previous registration. 3. Once the real property is no longer abandoned real property or is sold the mortgagee must provide proof of sale or written notice and proof of occupancy to the St Lucie County Code Enforcement Division. 4. Any mortgagee that has registered real property under this Section must reportin writing, any change of information contained in the registration within ten (10) calendar days of the change. The County will not charge an additional fee for modifications to registrations (b) Maintenance Requirements 1. All owners are responsible for maintaining their abandoned real Properties in accordance with the provisions of this Section and all other applicable St. Lucie County codes and ordinances. 2. All owners are responsible to secure their abandoned real property upon a declaration of a state of emergency. This shall include, but not be limited to installing storm shutters on all exterior windows and/or openings. 3. If the owner of the real property is a company and/or mortgagee the owner shall contract with the owner's local agent to perform monthly inspections on the real property, as required by Section (d)(1) of this Section, to verify compliance with the requirements of this Section, and any other applicable laws, for the duration of the abandonment. 4. Properties subiect to this Section must be maintained in accordance with the relevant sanitary codes, building codes, and local regulations concerning external and/or visible maintenance. 5. Adherence to this Section does not relieve the owner of any applicable obligations set forth elsewhere in the St. Lucie County Code of Ordinances or within anv covenants conditions and restrictions and/or homeowner's association rules and regulations. Underlined passages are added. -5' 3#wek #hreugh passages are deleted. I'l Security Requirements 1. All owners are responsible for maintaining their abandoned real properties in a secure manner so as not to be accessible to unauthorized persons. 2. A "secure manner' shall include but not be limited to the closure and locking of windows doors gates fencing and other openings Broken windows shall be secured by replazing or replacing of the window. 3. Any excavations swimming pools or other attractive nuisances must be filled in with dirt or properly closed in a secure manner. 4. If the owner of the real property is a company and/or mortgagee the real property shall be posted with the name and twenty-four (24) hour contact telephone number of the owner's local agent The posting shall be no less than 18" x 24" and shall be clearly visible from the street but not readily accessible to vandals The posting shall contain the following language: THIS PROPERTY IS MANAGED BY: TO REPORT ANY PROBLEMS OR CONCERNS CALL: u Inspections 1. The owner's local agent shall inspect the real property on a monthly basis to ensure that the property is in compliance with this Section. 2. The owner's local agent shall inspectthe real property subsequentto the declaration of state of emergency to ensure that the property is secured and in compliance with this section. 3. The owner's local agent shall maintain written proof of the monthly inspections and provide same to the St Lucie County Code Enforcement Division upon request. 4. The St Lucie County Code Enforcement Division shall have the authority to inspect real properties subject to this Section for compliance and to issue notices for any violations. The St Lucie County Code Enforcement Division shall have the discretion to determine when and how such inspections are to be made provided that its policies are reasonable calculated to ensure that this Section is enforced. Lel Subsequent Review and Sunset Provision Pursuant to this ordinance this abandoned real property registration system is being added for the health safety and welfare of the citizens of St Lucie County during difficult economic Underlined passages are added. -6- 6*ruek-tKrengh passages are deleted. times in St. Lucie County., This ordinance shall be repealed on January 1 2013 unless the Board takes action to extend. Nothing in this section shall Prevent the Board from taking action sooner. u Enforcement and Penalties 1. The County may enforce the provisions of this Section by any means available to the County under the St. Lucie County Code of Ordinances or as may be available under State law, including but not limited to, Chapter 1-2 Section III Code Enforcement Board and Chapter 162 Florida Statutes. 2. The penalties violation of this Section shall be as set forth in the code enforcement method asserted by the County under the St. Lucie County Code of Ordinances or as may be available under State law, including but not limited to Chapter 1-2 Section III Code Enforcement Board, Chapter 162, Florida Statutes and Section 125.69 Florida Statutes 3. Each day a violation continues shall be considered a separate offense PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, 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. PART C. SEVERABILITY. 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. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable in the unincorporated area of St. Lucie County. Part E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. Underlined passages are added. -7- — 'it +hrough passages are deleted. PART F. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Chairman Charles Grande XXX Vice Chairman Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paul Lewis XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through H shall not be codified. PASSED AND DULY ADOPTED this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. -8- 8irnek *hreugh passages are de eted. IV AGENDA REQUEST ITEM NO. VI-B-7 DATE: May 25, 2010 REGULAR[ PUBLIC HEARING [ CONSENT [XI TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Mark Godwin* Criminal Justice Coordinator SUBJECT: Request to have the Board to amend and approve a Contractual Rate Agreement (Amendment No. 0004) with United for Families, Inc (UFF) for drug screening services. BACKGROUND: Please see attached Memorandum CA No. 10-0628. FUNDS AVAIL: Funds received for drug screening (going from $29,540.00 to $32,160.00) would be deposited into the fine and forfeiture fund in the account string: 107-2360-369940-2053 Drug Lab Testing. PREVIOUS ACTION: The St. Lucie County Drug Screening Lab Opened for testing on July 1, 2008. On January 5, 2010, the Board approved the previous Contractual Rate Agreement with UFF. RECOMMENDATION: Staff recommends the Board approve the Amended Contractual Rate Agreement with United for Families, Inc., and that the Chairman be authorized to sign the Amended Contractual Rate Agreement. COMMISSION ACTION: CONCURRENCE: [r�] APPROVED [I DENIED [ ] OTHER: G7 -� Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [x] Management & Budget: � Dan McIntyre Marie Gouin, Director j Patty Marston, Analyst County Attorney MEMORANDUM10-0628 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: May 25, 2010 SUBJECT: Approve the Contractual Rate Agreement between United for Families, Inc. and the St. Lucie County Drug Screening Lab, resulting in an increase in revenue ITEM NO. VI B 7 Background: The St. Lucie County Drug Screening Lab opened on July 1, 2008. The Lab has tested many clients in the public and private sectors. In 2009, the lab tested over 17,000 individuals. In 2009, the Board approved a fixed price agreement between United for Families, Inc. and the County for testing clients. In January 2010, the Board approved and amended the original agreement which increased revenue from $15,600.00 to $29,540.00 per year. United for Families has now requested another amendment to the Contractual Rate Agreement going from $29,540.00 per year to $32,160.00 per year. If approved, this additional revenue would be deposited into the fine and forfeiture fund (107-2360- 369940-2053 — Drug Lab Screening) Recommendation: Staff recommends that the Board approve The Contractual Rate Agreement Amendment (0004) with United for Families, Inc. for screening clients receiving services, and fees will be paid in part or whole, by UFF, and authorize the Chairman to sign the amended agreement. iR spectfully submitted, a;-'? . --�) L, ark Godwin Criminal Justice Coordinator AMENDMENT No. 0004 THIS AMENDMENT, entered into between United for Families, Inc., hereinafter referred to as the "Agency" and St. Lucie County Drug Screening Lab, hereinafter referred to as "Provider", amends Contract #UA979 as follows: 1. Page 9, [ATTACHMENT I, C. METHOD OF PAYMENT, Item l.a., Line 41 DELETE "$29,540.00" and REPLACE with "$32,160.00" 2. Page 9, [ATTACHMENT I, C. METHOD OF PAYMENT, Item l .b. Table] DELETE table in its entirety and REPLACE l 411 PROJECTED UNIT MAXIMUM NUMBER TOTAL SERVICE RATE OF UNITS nits x Rate Full Panel Observed Drug Screening $20.00 1608 $32,160.00 [screened for eleven (11) types of illicit substances, with additional validity tests completed for creatinine and specific gravity levels] This amendment shall be in effect 6/1/2010. All provisions in the contract and any attachments thereto in conflict with this amendment are hereby changed to conform to this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed in accordance with the level specified in the contract. This amendment and all its attachments are hereby made a part of the Contract #UA979. IN WITNESS THEREOF, the parties hereto have caused this one (1) page Amendment #0004 to be executed by their officials thereunto duly authorized. SERVICE PROVIDER: ST. LUCIE COUNTY DRUG SCREENING LAB Signed By: Name: Charles Grande Title: Chairman Date: Federal I.D. # 59-6000835 UFF: UNITED FOR FAMILIES, INC. Signed By: Name: Christine W. Demetriades Title: Chief Executive Officer Date: Federal I.D. # 59-3616410 1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-8 Date: May 25, 2010 Regular [ ] Public Hearing[ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Madison Vines, L.L.C. - Approval of Joinder and Consent of Mortgagee/Lien Holder for Fort Pierce Utilities Authority Water and Wastewater Supply Agreement BACKGROUND: See C.A. No. 10-0629 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Joinder and Consent of Mortgagee/Lien Holder for Fort Pierce Utilities Authority Water and Wastewater Supply Agreement for Madison Vines, L.L.C., and authorize the Chairman to sign the document. COMMISSION ACTION: p<] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Co unty Attorney: Mgt. & Budget: Purchasing: Dani cIntyre Originating Dept.: Other : Other Jessica Parrish 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: 10-0629 DATE: May 14, 2010 SUBJECT: Madison Vines, L.L.C. - Approval of Joinder and Consent of Mortgagee/Lien Holder for Fort Pierce Utilities Authority Water and Wastewater Supply Agreement BACKGROUND: Attached to this memorandum is a copy of a proposed Joinder and Consent of Mortgagee/Lien Holder for Fort Pierce Utilities Authority Water and Wastewater Supply Agreement with Madison Vines, L.L.C. On April 27, 2010, the Board of County Commissioners approved a mortgage and related documents for the Madison Vines affordable multi -family development. As one of the mortgage holders for the project, the County has been requested to subordinate its interest to the utility easements contemplated in the proposed FPUA agreement. Staff has reviewed the document and finds it acceptable as to legal form and correctness. RECOMMENDATION/CONCLUSION : Staff recommends that the Board of County Commissioners approve the proposed Joinder and Consent of Mortgagee/Lien Holder for Fort Pierce Utilities Authority Water and Wastewater Supply Agreement for Madison Vines, L.L.C., and authorize the Chairman to sign the document. Attachment HY/ Respectfully submitted, Heather Young Assistant County Attorney 1 Copies to: County Administrator Community Services Director Housing Manager JOINDER AND CONSENT OF MORTGAGEE/LIEN HOLDER ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, being the holder of that certain lien or mortgage dated April 29, 2010, recorded on April 30, 2010, in Official Records Book 3192, Page 443, Public Records of St. Lucie County, Florida, hereby consents and subordinates its lien or mortgage to the utility easements contemplated in the foregoing Water & Wasterwater Supply Agreement. MORTGAGEE: WITNESSES: ST. LUCIE COUNTY, a political subdivision of the State of Florida By: Print: Name: Charles Grande Title: Chairman Address: 2300 Virginia Avenue Print: Fort Pierce, Florida 34982 [SEAL] STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2010, by CHARLES GRANDE, as Chairman of ST. LUCIE COUNTY, a political subdivision of the State of Florida, on behalf of said Mortgagee. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: (Notary Stamp or Seal) Prepared by and Return to: Revised 01125107 Fort Pierce Utilities Authority Attn: R. N. Koblegard, III 113 N. 2nd Street Fort Pierce, FL 34950 WATER AND WASTEWATER SUPPLY AGREEMENT THIS AGREEMENT is made and entered into this 2010, by and between FORT PIERCE UTILITIES AUTHORITY (hereinafter referred to as "FPUA"), Madison Vines, LLC (hereinafter referred to as "Customer"), and Stephen Cooper, P.E. and Associates, Inc. hereinafter referred to as "Project Engineer"). The Project name is Madison Vines hereinafter referred to as the "Project"). WITNESSETH: WHEREAS, FPUA is the governing body authorized to enter into agreements relating to the use of water and wastewater supply to the City of Fort Piece; and WHEREAS, the Customer owns property located in St. Lucie County, Florida, as more fully described in Exhibit A attached hereto and made a part hereof and hereinafter referred to as "Property", whereupon the Customer is contemplating the development of the Project; and WHEREAS, FPUA has determined that it is in the best interests of FPUA, its customers and the City of Fort Pierce to extend water and wastewater facilities to the Project; NOW, THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed, the Customer, Engineer, and FPUA hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. System - The Customer, FPUA and the Project Engineer have determined that the following facilities (hereinafter "the System) are required to serve the entire Project: Sanitary Sewer and Water System (See Exhibit B), in accordance with the approved plans for the System prepared by Stephen Cooper, P.E. and Associates, Inc. and submitted and accepted by FPUA. The customer requires an allocation of 17.85 water Equivalent Residential Connections (hereinafter ERCs) at 300 gallons per day and an allocation of 22.31 wastewater ERCs at 240 gallons per day. Effective January 19, 2007, Accrued Guaranteed Revenue Charges (AGRC), according to Resolution No. U.A. 2009-11, Pages 3, 4, 5, 6 and Exhibit E of Resolution, shall be due in full at the time such Capital Improvement Charges are also payable. Capital Improvement and Emergency Generator Charges as follows: 17.85 Water ERCs at $1,841 per ERC = $32,861.85 22.31 Wastewater ERCs at $2,815 per ERC = $62,802.65 N/A Lift Station Generator(s) at $5,000/ea = N/A Accrued Guaranteed Revenue Charges as follows: 17.85 Water ERCs at $324.49 per ERC = $ 6,105.24 22.31 Wastewater ERCs at $496.17 per ERC = $11,667.91 TOTAL $113,437.65 Payment of these Capital Improvement Charges, Emergency Generator Fee, and Accrued Guaranteed Revenue Charges in the total amount of $113,437.65 shall be submitted with this signed Agreement (Check No. , paid , 2010). In the event these allocations are found to be insufficient at any time, Customer will be liable for any and all fees, including but not limited to Capital Improvement Charges required for the additional demand. 3. Service Contingency - N/A 4. Permits - Upon execution of this Agreement by FPUA, FPUA will sign FDEP general permits for the Project. FPUA will sign FDEP Permit certifications when all applicable terms and obligations of this Agreement have been met by the Customer. 5. Title - Upon execution of this Agreement, the Customer, at its expense, agrees to furnish FPUA with a copy of the recorded Warranty Deed for the purpose of establishing ownership of the Property. Any mortgagee or lien holder having an interest in the Property will be required to execute a Consent and Joinder of Mortgagee/Lienholder in a form approved by FPUA counsel, subordinating its mortgage or lien to the utility easements contemplated in the foregoing Agreement. The Customer must either submit a title policy or a letter from an attorney licensed to do business in Florida confirming that either there is no mortgage or lien on the property or that any mortgage or lien holder has properly executed a Consent and Joinder of Mortgagee/Lienholder. The title policy or letter must be issued within thirty (30) days of the execution of this Agreement by FPUA. 6. Project Engineer - The Customer shall retain a registered professional engineer ("Project Engineer") to perform all duties defined by this Agreement. The Project Engineer shall adhere to all FPUA Standards and Specifications provided to the public by FPUA in reference to construction of utilities and connection to FPUA's water and wastewater systems. 7. Easements - The Customer hereby grants and gives to FPUA the exclusive right and privilege to own, maintain, operate and expand the potable water and wastewater facilities in, under, upon, over and across the present and future streets, roads, 2 easements, reserved utility sites and public places as provided and dedicated to public use in the record plats, or as provided for in Agreement, dedications or grants made otherwise and independent of said record plats. Customer hereby further agrees that the foregoing grants include the necessary rights of ingress and egress to any part of the Property which FPUA reasonably requests for the maintenance, operation or expansion of the potable water and wastewater facilities; that in the event FPUA is required or desires to install any of its potable water and wastewater facilities in lands within the Property lying outside the streets and easement areas described above, then Customer or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the necessary easement(s) for such installation, which easement(s) shall be recorded in the Public Records of St. Lucie County, Florida; provided, all such installations by Utility shall be made in such a manner as not to interfere with the then primary use of the Property. Customer or the successor owner(s) shall obtain written approval from FPUA prior to installing any structure or object, including, but not limited to, fences, gates, signs, trees or poles, within an easement area. In consideration of FPUA's consent to an encroachment, Customer or the successor owner(s) shall agree to indemnify and hold FPUA harmless from and against all liabilities or damages which may be imposed upon or asserted against FPUA as a result of or in any way connected to an encroachment approved by FPUA. In the event FPUA determines that it is necessary to construct, maintain, repair, remove or replace any of its facilities located under, over or upon an easement, the Customer or successor owner(s) of the portion of the Property affected shall immediately remove the encroachment from the easement upon the request of FPUA at Customer's or successor owner(s)' sole cost and expense. If Customer or successor owner(s) fail to remove the encroachment, FPUA shall have the right to remove the encroachment from the easement. Customer shall pay all costs incurred by FPUA related to removing the encroachment from the easement. 8. Construction - The Customer and Project Engineer shall furnish a complete set of design documents, plans and specifications of the System for review and acceptance by FPUA. The accepted design documents will serve as a basis for construction of the System. The Customer will solicit bids and negotiate a contract for construction, subject to evaluation, review and approval by FPUA. FPUA will also have the right to review and approve the acquisition and installation of materials. If FPUA determines there are deficiencies in the contract documents, materials or installation of materials, the Customer and the Project Engineer agree to take appropriate action to correct the deficiencies. The review and evaluation of bids or contract documents by FPUA will not relieve the Customer or Project Engineer of any responsibilities and liabilities for defects in said contract documents, materials or installation of materials. 3 9. Submittals - Customer and Project Engineer will furnish to FPUA accepted shop drawings, change orders, Project certifications, record drawings and reports of construction inspection by a FPUA- approved inspector. FPUA reserves the right to withhold connection or certification of any facility if any item is found to be in nonconformance with FPUA Standards and Specifications. 10. Record Drawings - Preparation of accurate record drawings, including all items set forth in FPUA Standards and Specifications, is the sole responsibility of the Project Engineer. Record drawings, signed and sealed by the Project Engineer, must be provided in accordance with FPUA Standards and Specifications. Should major discrepancies or deficiencies be discovered at any time during record drawing process (as defined in FPUA Standards and Specifications), FPUA may, at its discretion, withhold services and/or file a notice with the Florida Board of Professional Engineers. 11. Offsite Improvements - Customer agrees to construct the System in accordance with the approved plans and specifications at its sole expense up to acceptance of the System by the FPUA, including but not limited to, fees and costs associated with the Project for consultants, testing, permitting, utility connections, surveying, legal, construction, construction management, certification, bonds, warranties, record drawings or any other fees and costs required to complete the Project. The timely payment by Customer of all fees and costs in accordance with the terms set forth herein shall be considered essential to the continued performance by FPUA of the terms and conditions of this Agreement. In order to ensure construction of the offsite improvements required for the System, the Customer shall provide FPUA with Security Exhibit "D" in the amount of $0.00 which represents one hundred percent (1000) of the estimated construction costs of the required offsite improvements. Attached Exhibit "C" sets forth the materials and installation costs of the Offsite Improvements. Customer shall provide the Security within sixty, (60) days of the execution of this Agreement by FPUA. If Customer fails to commence construction of the Offsite Improvements as defined in Exhibit "B" and more specifically defined in the approved plans provided by Stephen Cooper, P.E. and Associates within (180) days from the date of execution of the Agreement, FPUA may claim all monies secured by Exhibit "D", the approved offsite design provided by Stephen Cooper, P.E. and Associates and all permits executed in conjunction with the Project in order to construct the offsite improvements without recourse from Customer or its successors or assigns. Any funds in excess of the actual construction cost shall be to the benefit of the Customer and shall be returned to Customer within sixty, (60) days of the certification and acceptance by FPUA of the Offsite Improvements. The Customer will be liable and 4 responsible for any cost overruns or other amounts in excess of contract price. 12. Upsizing by FPUA - N/A 13. FPUA Inspections - During construction of the System, FPUA may from time to time inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further shall be entitled to perform standard tests for pressure, infiltration, line and grade, and all other normal engineering tests to determine that the system has been installed in accordance with the approved plans and specifications. Complete as -built plans, including hard copy and electronic media when utilized, will be submitted to FPUA upon completion of construction. 14. Project Engineer Inspections - In addition to FPUA inspections, the Project Engineer shall provide a qualified utility inspector to ensure that the approved design is adhered to and FPUA Standards and Specifications are met during construction. Inspectors must meet minimum qualifications as defined in FPUA Standards and Specifications. 15. Transfer of System to FPUA - Customer and Project Engineer will provide final cost and quantities to FPUA prior to FPUA's acceptance of the System. Upon acceptance of the System by FPUA, FPUA hereby agrees to accept ownership of the System for operation and maintenance purposes. Such conveyance is to take effect upon the acceptance by FPUA of the installation, without further action by FPUA or the Customer. As further evidence of the transfer of title, upon the completion of the installation and prior to the rendering of service by FPUA, the Customer shall convey to FPUA by Bill of Sale, in form approved by FPUA's counsel, the complete on -site and off -site potable water distribution and wastewater collection system as constructed by Customer and approved by FPUA, along with documentation of Customer's costs of construction and Customer's No Lien Affidavit, in form approved by FPUA's counsel. Subsequent to the construction of the System and prior to receiving a meter(s) from FPUA, the Customer shall convey to FPUA all easements and/or rights -of -way covering areas in which potable water and wastewater lines are installed by a recordable document in a form supplied by FPUA. The Customer shall not have any present or future right, title, claim or interest in and to the potable water and wastewater facilities transferred to or owned by FPUA. Customer, through its counsel, will certify that Customer has the right to convey such easements or rights -of -way and further certifying FPUA's right to the continuous enjoyment of such easements or rights -of -way for those purposes as set forth in this Agreement. 5 16. Warranty - The Customer agrees to assign to FPUA a one-year warranty for the System, warranting that the System is free of defects including deficiencies in or failure to the design, materials or installation. The warranty will begin on the date of final acceptance by FPUA. The warranty will provide, among other things, that the Customer will, upon notification by FPUA, correct any deficiencies as soon as possible or reimburse FPUA for any work performed by FPUA to correct the deficiencies. 17. Ownership of System - The Customer agrees with FPUA that all potable water and wastewater facilities conveyed to FPUA for use in connection with providing potable water and wastewater service to the Property shall at all times remain in the complete and exclusive ownership of FPUA, and any entity owning any part of the Property or any residence or building constructed or located thereon, shall not have any right, title, claim or interest in and to such facilities, or any part of them, for any purpose. In addition, FPUA shall have the exclusive right and privilege to provide potable water and wastewater services to the Property and to the occupants of each residence or building constructed thereon. 18. Meters - The Customer or its successors in title will be assessed the meter charges and deposits at the time the Customer is connected to the facilities. Customer agrees to notify purchaser Of lots, if applicable, of the provisions of this paragraph. 19. Guaranteed Revenue Charges - Guaranteed Revenue Charges Annual Guaranteed Revenue Charges, as described in U.A. 2006-10, or current FPUA Resolution, will be assessed to all units not connected to water/wastewater services within one (1) year from the date of execution of this Agreement signed by FPUA. 20. Annexation Agreement or Evidence Thereof N/A 21. Termination by Customer - In the event that the Customer wishes to terminate this Agreement by written request at any time, the Customer shall be entitled to a refund of an amount equivalent to one hundred percent of the Capital Improvement Charges that were paid at the time of execution of this Agreement, without interest, minus an amount equivalent to five years Guaranteed Revenue Charges. The Customer shall be entitled to credit for any Guaranteed Revenue Charges already paid at the date of termination. If construction of the Project has not commenced within five years of the date of execution of this Agreement by the parties, the Agreement will be automatically terminated, the provisions of this Agreement shall be null and void and funds shall be disbursed based upon the formula stated previously in this section. 22. FPUA Regulation - Notwithstanding any provisions in this Agreement, FPUA may establish, revise, modify and enforce rules, 0 regulations and fees covering the provision of potable water and wastewater service to the Property. Such rules, regulations and fees are subject to the approval of FPUA, and will be reasonable and subject to regulation as may be provided by law or contract. 23. Notices - All notices provided for herein shall be in writing and transmitted by mail or by courier, to the parties as set forth below: FPUA: Timothy E. Perkins, P.E. Director of Water and Wastewater Systems P.O. Box 3191 Fort Pierce, FL 34948-3191 Customer: Madison Vines, LLC 2301 Lucien Way, Suite 405 Maitland, FL 32751 Project Engineer: Stephen Cooper, P.E. and Associates, Inc_ 209 NE Sagamore Terrace Port Saint Lucie, FL 34983 24. Agreement - This Agreement constitutes the entire Agreement between the Customer, FPUA and the Project Engineer. No additions, alterations or variation of the terms of this Agreement shall be valid, nor can either party waive provisions of this Agreement, unless such additions, alterations, variations or waiver are expressed in writing and duly signed by the parties hereto. This Agreement shall be governed by the laws of the State of Florida and shall become effective upon execution by the parties hereto. The venue for actions arising out of this Agreement is in St. Lucie County, Florida. 7 JOINDER AND CONSENT OF MORTGAGEE/LIEN HOLDER being the holder of that certain lien or mortgage dated the day of recorded on in 0. R. Book Page Public Records of St. Lucie County, Florida, hereby consents and subordinates its lien or mortgage to the utility easements contemplated in the foregoing Water & Wastewater Supply Agreement. Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF LIEN OR MORTGAGE HOLDER: By: Title: Print Name: The foregoing instrument was acknowledged before me this day of r f by who is the of Mortgage Holder, on behalf of said company. known to me. n. Lien or He (she) is personally Signature of Notary Printed Name of Notary [SIGNATURE PAGE - UNDER $25,000.001 IN WITNESS WHEREOF, the Custoliter, Project Engineer and FPUA have executed or have caused this Agreement to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this agreement. Witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness (FPUA) STATE OF FLORIDA COUNTY OF FORT PIERCE UTILITIES AUTHORITY By William G. Thiess, Director Madison Vines, LLC By: Madison Vines Apartments, LLC, It's Managing Member Signature of Customer Todd L. Borck, Manager Signature of Project Engineer Stephen S. Cooper The foregoing instrument was acknowledged before me this day of f f by on behalf of Fort Pierce Utilities Authority, who is personally known to me. Signature of Notary Printed Name of Notary N (Customer) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of by Todd L. Borck who is the Manager of Madison Vines Apartments, LLC, The Managing Member of Madison Vines, LLC the Customer, on behalf of said company. He is personally known to me. Signature of Notary Printed Name of Notary (Project Engineer) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of by Stephen S. Cooper, who is the President of Stephen Cooper, P.E. & Associates, Inc., Project Engineer, on behalf of said company. He is personally known to me or has produced a valid driver's license as identification. Signature of Notary Printed Name of Notary 10 List of Exhibits: Attached NA F] A Property Legal Description 51 B Offsite Utilities & Location Map FX1 1-1 C Offsite Cost Estimate 51 D Example Bond (Not Required) F1E Annexation Agreement P:\l Projects - Current\Madison VINES - Ft Pierce\Utilities\Water & Sewer\FPUA Water & Wastewater Supply Agreement\FPUA Supply Agreement 100127.doc 11 W EXHIBIT "A" LEGAL DESCRIPTION The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 35 South, Range 40 East, St. Lucie County, Florida, less the North 40 feet and the West 65 feet thereof. ALSO DESCRIBED AS: Commencing at the Northwest corner of said Southwest 1/4 of the Southwest 1/4 of Section 34, proceed North 890 59' 37" East along the North line thereof a distance of 65.00 feet; thence South 00' 27' 16" West, parallel with and 65.00 feet Westerly of, when measured perpendicular to, the West line of said Southwest 1/4 of Section 34, a distance of 40.00 feet to the POINT OF BEGINNING; thence North 89' 59' 37" East along a line 40.00 feet Southerly of, when measured perpendicular to, the North line of said Southwest 1/4 of the Southwest 1/4 of Section 34, said line being the South right-of-way (R/W) line of Tumblin Kling Road (R/W varies), a distance of 595.17 feet to a point on the East line of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 34; thence South 00' 30' 03" West along said East line, a distance of 626.86 feet to the Southeast corner of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 34; thence South 89' 58' 50" West along the South line of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 34 a distance of 594.66 feet to a point being 65.00 feet Easterly of, when measured perpendicular to, the aforementioned West line of the Southwest 1/4 of Section 34, said point lying on the East R/W line of Oleander Avenue (R/W varies); thence North 00' 27' 16" East, parallel with said West line of the Southwest 1/4 of Section 34 and along said East R/W line of Oleander Avenue, a distance of 626.99 feet to the POINT OF BEGINNING. 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I 11 I T � N I I I II I I I I J I � � I III Y� I IN. _ S W I �N3A d 3NAYM IM.;t H :L -- LL I I I Exhibit C Madison Vines Offsite Utilities - Cost Estimate October 27, 2009 Qty Unit *Unit Cost Unit Total WATER SYSTEM 6" PVC DR 18 61 LF $ 7.00 LF $ 427.00 8" X 6" TAPPING SLEEVE / VALVE 2 EA $ 6,100.00 EA $ 12,200.00 Subtotal $ 12,627.00 WASTEWATER 8" PVC SDR 26 574 LF SANITARY MANHOLE 5 EA REMOVE/REPLACE EXISTING CONCRETE SIDE' 1 EA ROADWAY OPEN CUT/RESTORATION 1 EA * 10% of unit cost is site contractor's overhead and proffit $ 24.00 LF $ 13,776.00 $ 2,356.00 EA $ 11,780.00 $ 335.00 EA $ 335.00 $ 875.00 EA $ 875.00 Subtotal $ 26,766.00 Total $ 39,393.00 u AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-8-9 Date: May 25, 2010 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Missionary Flights and Services, Inc. - Landlord's Release and Consent for Mortgage to TD Bank, N.A. BACKGROUND: See C.A. No. 10-0633 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Landlord's Release and Consent, and authorize the Chairman to sign the document. COMMISSION ACTION: P9 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing: Daniel H yre Originating Dept.: Other : Other Mark Satterlee 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: 10-0633 DATE: May 14, 2010 SUBJECT: Missionary Flights and Services, Inc. - Landlord's Release and Consent for Mortgage to TD Bank, N.A. BACKGROUND: Attached to this memorandum is a copy of a proposed Landlord's Release and Consent for a mortgage from Missionary Flights and Services, Inc., d/b/a Missionary Flights International, to TD Bank, N.A. Missionary Flights is a sublessee of Fort Pierce FBO, L.L.C., one of the fixed base operators at the St. Lucie County International Airport. Missionary Flights intends to use the loan proceeds secured by the mortgage to purchase another airplane for its operations. Staff has reviewed the document and finds it acceptable as to legal form and correctness. RECOMMENDATION/CONCLUSION : Staff recommends that the Board of County Commissioners approve the proposed Landlord's Release and Consent, and authorize the Chairman to sign the document. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Planning and Development Services Director Airport Manager LANDLORD'S RELEASE AND CONSENT WOO � h fat@ Mkt rtfy LodCt Np Calt I Gvtf ACGOttD� C@r lil fd S Ofi-tt4 tirt 1.: QG--i�6-2017. < 9 2685928. References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """' has been omitted due to text length limitations. Borrower: MISSIONARY FLIGHTS AND SERVICE INC DBA Lender: TD Lakewood Park MISSIONARY FLIGHTS INTERNATIONAL Lake Okeechobee Road 3170 AIRMANS DR 2211 FORT PIERCE, FL 34946-9131 Fort Pierce, FL 34950 (772) 466-1200 THIS LANDLORD'S RELEASE AND CONSENT is entered into among MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL ("Borrower"), whose address is 3170 AIRMANS DR, FORT PIERCE, FL 34946-9131; TD Bank, N.A. ("Lender"), whose address is Lakewood Park, 2211 Okeechobee Road, Fort Pierce, FL 34950; and ST LUCIE COUNTY PORT & AIRPORT AUTHORITY and Lender FORT PIERCE FBO LLC ("Landlord"), whose address is have entered into, or are about to enter into, an agreement whereby Lender has acquired or will acquire a security interest or other interest in the Collateral. Some or all of the Collateral may be affixed or otherwise become located on the Premises. To induce Lender to extend the Loan to Borrower against such security interest in the Collateral and for other valuable consideration, Landlord hereby agrees with Lender and Borrower as follows. COLLATERAL DESCRIPTION. The word "Collateral" means certain of Borrower's personal property in which Lender has acquired or will acquire a security interest, including without limitation the following specific property: BORROWER'S ASSIGNMENT OF LEASE. Borrower hereby assigns to Lender all of Borrower's rights in the Lease, as partial security for the Loan. The parties intend that this assignment will be a present transfer to Lender of all of Borrower's rights under the Lease, subject to Borrower's rights to use the Premises and enjoy the benefits of the Lease while not in default on the Loan or Lease. Upon full performance by Borrower under the Loan, this assignment shall be ended, without the necessity of any further action by any of the parties. This assignment includes all renewals of and amendments to the Lease or the Loan, until the Loan is paid in full. No amendments may be made to the Lease without Lender's prior written consent, which shall not be unreasonably withheld or delayed. CONSENT OF LANDLORD. Landlord consents to the above assignment. If Borrower defaults under the Loan or the Lease, Lender may reassign the Lease, and Landlord agrees that Landlord's consent to any such reassignment will not be unreasonably withheld or delayed. So long as Lender has not entered the Premises for the purpose of operating a business, Lender will have no liability under the Lease, including without limitation liability for rent. Whether or not Lender enters into possession of the Premises for any purpose, Borrower will remain fully liable for all obligations of Borrower as lessee under the Lease. While Lender is in possession of the Premises, Lender will cause all payments due under the Lease and attributable to that period of time to be made to Landlord. If Lender later reassigns the Lease or vacates the Premises, Lender will have no further obligation to Landlord. LEASE DEFAULTS. Both Borrower and Landlord agree and represent to Lender that, to the best of their knowledge, there is no breach or offset existing under the Lease or under any other agreement between Borrower and Landlord. Landlord agrees not to terminate the Lease, despite any default by Borrower, without giving Lender written notice of the default and an opportunity to cure the default within a period of sixty (60) days from the receipt of the notice. If the default is one that cannot reasonably be cured by Lender (such as insolvency, bankruptcy, or other judicial proceedings against Borrower), then Landlord will not terminate the Lease so long as Landlord receives all sums due under the Lease for the period during which Lender is in possession of the Premises, or so long as Lender reassigns the Lease to a new lessee reasonably satisfactory to Landlord. DISCLAIMER OF INTEREST. Landlord hereby consents to Lender's security interest (or other interest) in the Collateral and disclaims all interests, liens and claims which Landlord now has or may hereafter acquire in the Collateral. Landlord agrees that any lien or claim it may now have or may hereafter have in the Collateral will be subject at all times to Lender's security interest (or other present or future interest) in the Collateral and will be subject to the rights granted by Landlord to Lender in this Agreement. ENTRY ONTO PREMISES. Landlord and Borrower grant to Lender the right to enter upon the Premises for the purpose of removing the Collateral from the Premises or conducting sales of the Collateral on the Premises. The rights granted to Lender in this Agreement will continue until a reasonable time after Lender receives notice in writing from Landlord that Borrower no longer is in lawful possession of the Premises. If Lender enters onto the Premises and removes the Collateral, Lender agrees with Landlord not to remove any Collateral in such a way that the Premises are damaged, without either repairing any such damage or reimbursing Landlord for the cost of repair. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: This Agreement shall extend to and bind the respective heirs, personal representatives, successors and assigns of the parties to this Agreement. The covenants of Borrower and Landlord respecting subordination of the claim or claims of Landlord in favor of Lender shall extend to, include, and be enforceable by any transferee or endorsee to whom Lender may transfer any claim or claims to which this Agreement shall apply. Lender need not accept this Agreement in writing or otherwise to make it effective. This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida. If Landlord is other than an individual, any agent or other person executing this Agreement on behalf of Landlord represents and warrants to Lender that he or she has full power and authority to execute this Agreement on Landlord's behalf. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is in writing and signed by Lender. Without notice to Landlord and without affecting the validity of this Consent, Lender may do or not do anything it deems appropriate or necessary with respect to the Loan, any obligors on the Loan, or any Collateral for the Loan; including without limitation extending, renewing, rearranging, or accelerating any of the Loan indebtedness. AMENDMENTS. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. NO WAIVER BY LENDER. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other LANDLORD'S RELEASE AND CONSENT Loan No: 97268592855 (Continued) Page 2 right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Landlord, shall constitute a waiver of any of Lender's rights or of any of Landlord's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. SEVERABILITY. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code: Agreement. The word "Agreement" means this Landlord's Release and Consent, as this Landlord's Release and Consent may be amended or modified from time to time, together with all exhibits and schedules attached to this Landlord's Release and Consent from time to time. Borrower. The word "Borrower" means MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL and includes all co-signers and co -makers signing the Note and all their successors and assigns. Collateral. The word "Collateral" means all of Borrower's right, title and interest in and to all the Collateral as described in the Collateral Description section of this Agreement. Landlord. The word "Landlord" means ST LUCIE COUNTY PORT & AIRPORT AUTHORITY and FORT PIERCE FBO LLC, and is used for convenience purposes only. Landlord's interest in the Premises may be that of a fee owner, lessor, sublessor or lienholder, or that of any other holder of an interest in the Premises which may be, or may become, prior to the interest of Lender. Lease. The word "Lease" means that certain lease of the Premises, dated April 6, 2006, between Landlord and Borrower.. Lender. The word "Lender" means TD Bank, N.A., its successors and assigns. Loan. The word "Loan" means any and all loans and financial accommodations from Lender to Borrower whether now or hereafter existing, and however evidenced. Note. The word "Note" means the Note executed by MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL in the principal amount of $500,000.00 dated June 4, 2010, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or credit agreement. Premises. The word "Premises" means the real property Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Loan. BORROWER AND LANDLORD ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDLORD'S RELEASE AND CONSENT, AND BORROWER AND LANDLORD AGREE TO ITS TERMS. THIS AGREEMENT IS DATED JUNE 4, 2010. BORROWER: MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL By: RICHARD L SNOOK, President of MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL By: LINDA M SNOOK, Secretary of MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL LANDLORD'S RELEASE AND CONSENT Loan No: 97268592855 (Continued) LANDLORD: ST LUCIE COUNTY By: Authorized Signer for ST LUCIE COUNTY By: _ Authorized Signer for ST LUCIE COUNTY FORT PIERCE FBO LLC By: Authorized Signer for FORT PIERCE FBO LLC By: Authorized Signer for FORT PIERCE FBO LLC LENDER: TO BANK, N.A. X Authorized Officer LA5 PRO L 9, V". 5.50.00.005 Cep. Hl— F.— $OIYS Inc. 1— 2010. AN Rg- R.—d - FL CXP RP PL*45 FC i -25119 PR-9 Page 3 RECORDATION REQUESTED BY: TD Bank, N.A. Lakewood Parts 2211 Okeechobee Road Fort Pierce, FL 34950 WHEN RECORDED MAIL TO: TD Bank, N.A. Loon Services P.O. Box 2109 Ft. Pierce, FL 34954 This Mortgage prepared by: Name: SIQP SCHEYER, APPLICATION SPECIALIST Company: TD Bank, N.A. Address: 2211 Okeechobee Road, Fort Pierce, FL 34950 MORTGAGE THIS MORTGAGE dated June 4, 2010, is made and executed between MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL (referred to below as "Grantor") and TD Bank, N.A., whose address is 2211 Okeechobee Road, Fort Pierce, FL 34950 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages to Lender all of Grantor's right, title, and interest in, to and under the Lease described below of the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation any rights Grantor later acquires in the fee simple title to the land, subject to the Lease, and all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In ST LUCIE County, State of Florida: A LEASEHOLD ESTATE AND ALL OCCUPANCY RIGHTS HELD BY BORROWER UNDER ANY LEASE OR OTHER INSRUMENT IN FAVOR OF BORROWER FOR THAT SITE HAVING A STREET ADDRESS OF: 3170 AIRMANS DR, FORT PIERCE, FL., 34946 PARCEL 8: All that certain piece, parcel or tract of land situate, lying and being in Section 30, Township 34 South, Range 40 East of the Tallahassee Base Meridlan, St. Lucie County, Florida. The bearings contained in this Olegal description are based upon State Plane Grid North. The distances refer to ground distances. Said lands ng more particularly described as follows, to wit: Commencingg for reference at the National Geodetic Survey Primary Airport Control Station Stamped "Lucieport 1989"; thence Charliebearing South 45008'02" West, a distance of 746.05 feet to a point on the centerline of Taxiway thence, bearing South 44*51'58" East, along said centerline, a distance of 318.29 feet to a point; thence, leaving the centerline, bearing South 45'08'02" West, a distance of 93.00 feet to the Point and Place of Beginning of the herein described parcel; thence, continue South 45008'02" West along said line, a distance of 776.10 feet to a point; thence, bearing North 44`51'58" West, a distance of 293.14 feet to a point; thence, bearing North 89045'58" Wiest, a distance of 588.20 feet to a point; thence, bearing North 00"07'42" Wfest, a distance of 410.00 feet to a point; MORTGAGE Loan No: 97268592855 (Continued) Page 2 thence, bearing North 89*52'18- East, a distance of 490.70 feet to a point; thence bearing North 45008'02" East, a distance of 554.15 feet to a point that is 93 feet from, as measured at right angles to, the centerline of Taxiway Charlie; thence bearing South 44'51'58" East, along a line that is 93 feet Southwesterly of and parallel with said centerline of Taxiway Charlie, a distance of 655.64 feet to the Point of Beginning. The premises shall consist of only such portions of Parcels C and M as described above; the full legal descriptions for Parcels C and M are described below: PARCEL C: A parcel of and Iving in and being a part of Section 30, Township 34 South, Range 40 East, and being more particularly described as follows: Commencing at the Southeast comer of Section 30, Township 34 South Range 40 East, St. Lucie Coun Florida, thence run North 00'00'16" V1mt, along the East line of the Southeast Quarter of said Section 0 for a distance of 2665.52 feet to an iron rod at the existing centerline Intersection of Runways 4 and 14 of the St. Lucie County International Airpport; thence run South 45000'00" West along the existing centerline of Runwa 4 for a distance of 464.00 feet* thence North 45'00'00" West distance of 1189.00 feet to the Point of inning; thence run North 45*80,001, West for a distance of 68.75 feet; thence run South 45'00'001 Wes for a distance of 800.00 feet' thence run South 45'00'00" East for a distance of 68.75 feet, thence tun North 45'00'00" East for a distance of 800.00 feet to the Point of Beginning and to close, all land lying and being in St. Lucie County, Florida. PARCEL M: A parcel of land situate in Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida, more particularly described as follows: Commence at the Southeast corner of Section 30, and run North 00*00*16" Section 30, a distance of 2665.52 feet more or less to the centerline Intersect of Runwaeyyss 4sand 14; thence tun South 45000,001, West along the existing centerline of Runway 4, a distance of 464.00 feet to a point; thence rum North 45 00 00' Vllest a distance of 1257.75 feet to the Point of Beginning, and extending thence: (1) North 45'00'00" Wrest, a distance of 531.25 feet to a point, thence (2) South 45'00'00" Wrest, a distance of 578.05 feet to a point, thence (3) South 89'44.16" V1lfest, a distance of 490.70 feet to a point, thence (4) South 00015'44" East, a distance of 410.00 feet to a point, thence (5) South 89054'00" East, a distance of 588.20 feet to a point, thence (6) South 45000'00" East, a distance of 168.75 feet to a point, thence (7) North 45000'00" East, a distance of 800.00 feet to the Point of Beginning. The Real Property or its address is commonly known as 3170 AIRMANS DR, FORT PIERCE, FL 34946. The Real Property tax identification number is 1430-143-0001-000-1. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $500,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements maintenance necessary to preserve its value. , and Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's leasehold interest in the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of MORTGAGE Loan No: 97268592855 (Continued) Page 3 any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantors ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Subsequent Liens. Grantor shall not allow any subsequent liens or mortgages on all or any portion of the Property without the prior written consent of Lender. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. Compliance with Lease. Grantor will pay all rents and will strictly observe and perform on a timely basis all other terms, covenants, and conditions of the Lease. Grantor will indemnify, defend, and hold Lender harmless against all losses, liabilities, actions, suits, proceedings, costs including reasonable attorneys' fees claims, demands, and damages whatsoever which may be incurred by reason of Grantor's failure to pay rents or strictly observe or perform under the Lease. Other Agreements Relating to the Lease. Grantor further agrees (1) not to surrender, terminate, or cancel the Lease, and (2) not to modify, change, supplement, alter, or amend the Lease, either orally or in writing, without Lender's prior written consent. Any attempt by Grantor to do any of the foregoing without Lender's prior written consent will be void and of no force and effect. At Lender's option, Grantor will deposit with Lender as further security all original documents relating to the Lease and the leasehold interest in the Property. Unless Grantor is in breach or default of any of the terms contained in this Mortgage, Lender will have no right to cancel, modify, change, supplement, alter or amend the leasehold interest. No estate in the Property, whether fee title to the leasehold premises, the leasehold estate, or any subleasehold estate, will merge without Lender express written consent; rather these estates will remain separate and distinct, even if there is a union of these estates in the landlord, Grantor, or a third party who purchases or otherwise acquires the estates. Grantor further agrees that if Grantor acquires all or a portion of the fee simple title, or any other leasehold or subleasehold title to the Property, that title will, at Lender's option, immediately become subject to the terms of this Mortgage, and Grantor will execute, deliver and record all documents necessary or appropriate to assure that such title is secured by this Mortgage. Notices Relating to the Lease. Grantor will promptly notify Lender in writing: (1) if Grantor is in default in the performance or observance of any of the terms, covenants, or conditions which Grantor is to perform or observe under the Lease; MORTGAGE Loan No: 97268592855 (Continued) Page 4 (2) if any event occurs which would constitute a default under the Lease; (3) if any notice of default is given to Grantor by the landlord under the Lease; (4) if, pursuant to the Lease, any proceeds received for the Property are deposited with someone other than Lender, whether received from any insurance on the Property or from the taking of any or all of the Property by eminent domain; and (5) if any arbitration or appraisal proceedings are requested or instituted pursuant to the Lease. Grantor agrees to provide Lender promptly with a copy of all written materials relating to any of the above and to provide Lender with such other information as Lender may reasonably request. Grantor agrees that promptly after the execution and delivery of this Mortgage, Grantor will notify the landlord under the Lease in writing of the execution and delivery of this Mortgage and of the name and address of Lender and will deliver a copy of this Mortgage to the landlord. Option to Cure Lease Default. Upon Lender's receipt of any written notice of Grantor's default under the Lease, Lender may, at Lender's option, cure such default, even though Grantor, or any party on behalf of Grantor, questions or denies the existence of such default or the nature of the default. Grantor expressly grants to Lender the absolute and immediate right to enter upon the Property to such extent and as often as Lender in it sole discretion deems necessary or desirable in order to prevent or cure any such default by Grantor. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Florida law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender fumish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (30) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each Insurance Policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set MORTGAGE Loan No: 97268592855 (Continued) Page 5 under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lenders election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. if any proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lenders interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantors failure to comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantors behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such experxtitures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lenders option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the tens of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which tender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the leasehold interest in the Property pursuant to the Lease, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lenders own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantors Indebtedness shall be paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such Indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement MORTGAGE Loan No: 97268592855 (Continued) Page 6 without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the not proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Currant Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all intangible personal property taxes, documentary stamp taxes, fees, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax, including without limitation an intangible personal property tax, upon this type of Mortgage or upon all or any part of the indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below urdess Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety band or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action Is requested by Lender to perfect and continue Lenders security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attomey-in-fact are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lenders designee, and when requested by Leader, Cause to be filed, recorded, refiled. or rerecorded, as the Case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages. deeds of trust, security deeds, security agreements, fine ridr, statements, continuation statements. instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantors obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now mr owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the atters referred to in this paragraph. Attomey-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantors attomey4n-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lenders sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lenders security interest in the Rents and the Personal Property. Grantor will Loan No: 97268592855 MORTGAGE (Continued) Page 7 pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Coilateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its We discretion, as being an adequate reserve or bond for the dispute. Lease Default. Grantor defaults under the terms of the Lease, or any other event (whether or not Grantor's fault) results in the termination or cancellation of Grantor's leasehold rights. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, In addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty that Grantor would be required to pay. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. MORTGAGE Loan No: 97268592855 (Continued) Page 8 Collect Rents. Lender personally, or by Lender's agents or attorneys, may enter into and upon all or any part of the Property, and may exclude Grantor, Grantor's agents and servants wholly from the Property. Lender may use, operate, manage and control the Property. Lender shall be entitled to collect and receive all earnings, revenues, rents, issues, profits and income of the Property and every part thereof, all of which shall for all purposes constitute property of Grantor. After deducting the expenses of conducting the business thereof, and of all maintenance, repairs, renewals, replacements, alterations, additions, betterments and improvements and amounts necessary to pay for taxes, assessments, insurance and prior or other property charges upon the Property or any part thereof, as well as just and reasonable compensation for the services of Lender. Lender shall apply such monies first to the payment of the principal of the Note, and the interest thereon, when and as the same shall become payable and second to the payment of any other sums required to be paid by Grantor under this Mortgage. Appoint Receiver. In the event of a suit being instituted to foreclose this Mortgage, Lender shall be entitled to apply at any time pending such foreclosure suit to the court having jurisdiction thereof for the appointment of a receiver of any or all of the Property, and of all rents, incomes, profits, issues and revenues thereof, from whatsoever source. The parties agree that the court shall forthwith appoint such receiver with the usual powers and duties of receivers in like cases. Such appointment shall be made by the court as a matter of strict right to Lender and without notice to Grantor, and without reference to the adequacy or inadequacy of the value of the Property, or to Grantor's solvency or any other party defendant to such suit. Grantor hereby specifically waives the right to object to the appointment of a receiver and agrees that such appointment shall be made as an admitted equity and as a matter of absolute right to Lender, and consents to the appointment of any officer or employee of Lender as receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co -maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lenders opinion are necessary at any time for the protection of its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lenders reasonable attorneys' fees and Lenders legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MORTGAGE Loan No: 97268592855 (Continued) Page 9 MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the Parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, u certified statement of net operating income received from the upon request. s Lender shelf wire. "Net o �o�m' firing Grantors previous fiscal yew in such form and detail as req operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Florida without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the State of Florida. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lenders right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabilfty. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision Illegal, invalid, or unenforceable as to any other circunstanos. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terns not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower' means MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL and includes all co-signers and co -makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word 'Grantor" means MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including MORTGAGE Loan No: 97268592855 (Continued) Page 10 without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also Includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lease. The word "Lease" means the lease of the Property dated April 2, 2006, between ST LUCIE COUNTY PORT & AIRPORT AUTHORITY, FORT PIERCE FBO LLC and B&E HOUCK ENTERPRISES INC, Landlord and Grantor. Lender. The word "Lender" means TD Bank, N.A., its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The Note" means the ted June 4, from word om Grantor to "Lender, together with promissory enewalsao , extensions1of, In mod ficat ognsn o'f,p efinancingsnof, co solida00s of, and substitutions for the promissory note or agreement. The final maturity date of the Note is June 6, 2017. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property' mean the real property, interests and rights, as further described In this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. WAIVER OF FUTURE ADVANCES UNDER PRIOR MORTGAGE. Grantor hereby agrees that the principal indebtedness secured by any mortgages or security agreements which are senior to the lien of this Mortgage shall not exceed the amount which upon the date of the execution of this Mortgage has actually been advanced and is secured by each such prior mortgage and security agreement. As principal indebtedness of such prior mortgages or security agreements is reduced, the maximum amount that may be secured thereby shall also be reduced to the then outstanding principal balance(s). Grantor hereby waives the right to receive any additional or future advances under any such prior mortgages or security agreements. This paragraph shall constitute the notice required by Florida Statutes Section 697.04(b). MORTGAGE Loan No: 97268592855 (Continued) Page 11 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS GRANTOR: MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL By: RICHARD L SNOOK, President of MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL By: LINDA M SNOOK, Secretary of MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL WITNESSES: CORPORATE ACKNOWLEDGMENT STATE OF ) )SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 by RICHARD L SNOOK, President of MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL and LINDA M SNOOK, Secretary of MISSIONARY FLIGHTS AND SERVICE INC DBA MISSIONARY FLIGHTS INTERNATIONAL, a Florida corporation, each on behalf of the corporation. They are personally known to me or have produced as identification. (Signature of Person Taking Acknowledgment) (Name of Acknowiedger Typed, Printed or Stamped) (Title or Rank) (Serial Number, if any) LASER PRO Lending, Ver. 5.50.00.006 Copr. Harland Financial Solutions, Inc, 1997, 2010. All Rights Reserved. - FL CALPICFIILPLQ03.FC TR-25719 PR-9 r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-10 DATE: May 25, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No.10-158 - Supporting the Construction of the C-23/C-24 Reservoirs BACKGROUND: After the informal meeting with the South Florida Water Management District (SFWMD), this Board had requested a resolution be prepared requesting the US Army Corp. of Engineers and SFWMD to make completion of the C-23/C-24 projects a regional priority, accelerate land acquisition, design and construction, and complete the projects earlier than currently scheduled. The attached Resolution No. 10-158 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-158 as drafted. COMMISSION ACTION: CONCURRENCE: PJ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [X] Environmental Resources Daniel S. McIntyre Karen L. Smith 1� Resolution 10-158 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, REQUESTING THAT FEDERAL AND STATE AGENCIES APPROPRIATE FUNDS AND ACCELERATE PROJECT COMPLETION OF THE COMPREHENSIVE EVERGLADES RESTORATION PLAN'S INDIAN RIVER LAGOON -SOUTH C-23 AND C-24 RESERVOIRS AND STORMWATER TREATMENT AREAS PROJECTS IN ST. LUCIE COUNTY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The St. Lucie Estuary and Indian River Lagoon are one of the most bio-diverse ecosystems in the United States, and a healthy estuary provides immense socioeconomic benefits to the community, and as such, is the economic lifeblood of Martin and St. Lucie Counties. 2. The North Fork of the St. Lucie River was designated an Aquatic Preserve in 1972 and is designated an Outstanding Florida Water pursuant to Rule 62-302.700 F.A.C. and is detrimentally affected by high nutrient discharges from the watershed. 3. The Florida Department of Environmental Protection has designated the St. Lucie Estuary an impaired water body for nutrients and established a Total Maximum Daily Load which limits the concentration of nutrients entering the St. Lucie River and Estuary. 4. Drainage from the C-23 and C-24 drainage basins contain the highest levels of nutrients in the watershed, which continue to damage the Estuary and Lagoon and make conditions such that meeting the Total Maximum Daily Load in the Estuary unachievable. 5. The Comprehensive Everglades Restoration Plan's Final Indian River Lagoon -South Project Implementation Report and Environmental Impact Statement indicate that the C-23 and C-24 Stormwater Treatment Areas are designed to remove 80% of the phosphorus from water entering the reservoirs. 6. The Comprehensive Everglades Restoration Plan's Final Indian River Lagoon -South Project Implementation Report and Environmental Impact Statement also state that the Indian River Lagoon ecosystem will continue to deteriorate and are in imminent danger of ecological collapse if the plan is not implemented. 7. The South Florida Water Management District has invested $135 million in land acquisition for the C-23 and C-24 projects with an estimated 1,300 acres needed to complete the South Reservoir and Stormwater Treatment Area land acquisition. 8. The South Florida Water Management District has completed land acquisition for the North Reservoir and Stormwater Treatment Area therefore the U.S. Army Corps of Engineers can advance the project schedule and initiate design and construction prior to 2020. 9. The St. Lucie County Board of County Commissioners continues to support Everglades Restoration AND restoration of the Indian River Lagoon and St. Lucie Estuary. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: This Board requests that the U.S. Army Corps of Engineers and South Florida Water Management District make completion of the C-23, C-24 projects a regional priority, accelerate land acquisition, design and construction and complete the projects earlier than currently scheduled. Section 3: The Chairman of the Board of County Commissioners of St. Lucie County is authorized to present this resolution to the South Florida Water Management District Governing Board and leadership of the U.S. Army Corps of Engineers and to conduct meetings as appropriate to further the C-23 and C-24 projects. Section 4: The County Administrator is hereby directed to send a copy of this resolution to the St. Lucie County Congressional Delegation, and the Executive Director of South Florida Water Management District, and the commander of the U.S. Army Corps of Engineers Jacksonville District. Section 5: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this day of May 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ADDITION ITEM NO. VI-B- 11 Date: M"d<2010 Regular [ ] Public Hearing[ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Revocable License Agreement - Community Asphalt Corp. for SR A-1-A Construction Project Staging Area BACKGROUND: See C.A. No. 10-0666 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Revocable License Agreement with Community Asphalt Corp., and authorize the Chairman to sign the agreement. COMMISSION ACTION: p<] APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 County Attorney: Daniel d�p tyre Originating Dept.: Debra Brisson CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Other : 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: 10-0666 DATE: May 20, 2010 SUBJECT: Revocable License Agreement - Community Asphalt Corp. for SR A-1-A Construction Project Staging Area BACKGROUND: Attached to this memorandum is a proposed Revocable License Agreement between the County and Community Asphalt Corp. which has been awarded a contract by the Florida Department of Transportation to construct improvements to SR A-1-A on South Hutchinson Island. Under the terms of the agreement, the County will permit Community Asphalt to use an area 100' x 500' of the Dollman Beach overflow parking to store equipment during the construction. No fuel will be stored on site. In consideration for the use of the property, Community Asphalt has agreed to do the following: 1. Install and maintain a silt fence around the site during the project and remove it prior to the termination of the Agreement. 2. Pave with asphalt the existing turn off from SR A-1-A at Ocean Bay Riverside. 3. Repair and/or replace the unpaved section adjoining the asphalt surface of the existing Dollman Beach parking lot with new asphalt. 4. Restore the site to the same or better condition as exists upon the commencement date of the Agreement. The Agreement will run through April 31, 2011 based upon the construction schedule for the project, subject to extension upon mutual agreement of the parties. RECOMMENDATION/CONCLUSION : Staff recommends that the Board of County Commissioners approve the proposed Revocable License Agreement with Community Asphalt Corp., and authorize the Chairman to sign the agreement. Respectfully submitted, Heather Young Assistant County Attorney HY/ Copies to: County Administrator Parks and Recreation Director Mosquito Control and Coastal Management Services Director t N This instrument prepared by: Heather Young Assistant County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "Licensor"), whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, and COMMUNITY ASPHALT CORP., a Florida corporation, (the "Licensee"), whose address is 9725 NW 117 Avenue, Suite 110, Miami, FL 33178. WHEREAS, the Licensor is the owner of certain property on South Hutchinson Island identified as overflow parking area for Dollman Beachside„ as more fully described in the map attached hereto and incorporated herein as Exhibit "A"; and, WHEREAS, on Licensee has entered into a contract with the Florida Department of Transportation to construct certain improvements to SR A-1-A on South Hutchinson Island (the "Project"); and, WHEREAS, the Licensee has requested permission to use a 100' x 500' portion of the Dollman Beach overflow parking area ("the Site") as a staging area for the storage of equipment and materials for the Project; and, WHEREAS, in recognition of the benefits to the residents of St. Lucie County, the County is willing to permit the Licensee to use the Site subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The Licensor agrees to grant to the Licensor and/or its subcontractors a limited revocable license to use the Site as a staging area for the Project in order to store equipment and materials as indicated in the equipment list attached hereto and incorporated herein as Exhibit "B". The equipment list may be amended upon the prior approval of the County Administrator or her designee. The Licensee shall not store any fuel on the Site. The paving machine and milling machine shall be stored on polyethylene spill containment sheets. Parties acknowledge and agree that the Licensee's use of the Site is limited to the purposes set forth herein and such use shall terminate upon completion of the restoration of the impoundments. 2. In consideration of the rights granted hereunder, the Licensee agrees to perform the following: A. Install and maintain a silt fence around the Site during the term of this Agreement. Remove the silt fence prior to the termination of this Agreement. B. Pave with asphalt the existing turn off from SR A-1-A at Ocean Bay Riverside as permitted. C. Repair and/or replace the unpaved sections adjoining the asphalt surface of the existing Dollman Beach parking lot with new asphalt as indicated in Exhibit "A". D. Restore the Site to the same or better condition as existed upon the commencement date of this Agreement. 3. Except as otherwise provided herein, this license is personal to the Licensee and may not be assigned or transferred. 4. If the Licensee defaults in the performance of any of the terms, covenants, or conditions of this Agreement, the Licensor may terminate this Agreement upon not less than fifteen (15) days written notice to the Licensee on the date specified in said notice unless the Licensee has cured the default or is in the process of curing the default and the fault can be cured within fifteen (15) days. 5. The term of this License Agreement shall begin on the date first above written and shall expire on April 31, 2011, or upon completion of the Project, whichever occurs first, unless extended by the County or revoked as herein provided. 6. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to Licensor: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 As to Licensee: As to Licensee: Community Asphalt Corp. 9725 NW 117 Avenue Suite 110 Miami, FL 33178 2 With Copy to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 ♦. or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 7. The Licensee shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, action and costs of action, including reasonable attorneys fees, of any kind or nature arising or in any way connected with the use, occupation, management or control of the Site by the Licensee or its employees or subcontractors, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during the Licensee's use of the Site. 8. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 9. 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK 3 BOARD OF COUNTY COMMISSIONERS BY: •,.I:u.►I APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 20 , by Charles Grande, as Chairman of the Board of County Commissioners, St. Lucie County, Florida. He/she is personally known to me or has produced as identification. WITNESSES: STATE OF FLORIDA COUNTY OF Notary Public Printed/Typed Name of Notary Commission No. _ Commission Expires COMMUNITY ASPHALT CORP. BY: NAME: TITLE: The foregoing instrument was acknowledged before me this day of , 2010, by . He/she is personally known to me or has produced as identification. Notary Public Printed/Typed Name of Notary Commission No. _ Commission Expires 0 STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 20 , by Charles Grande, as Chairman of the Board of County Commissioners, St. Lucie County, Florida. He/she is personally known to me or has produced as identification. WITNESSES: STATE OF FLORIDA COUNTY OF Notary Public Printed/Typed Name of Notary Commission No. _ Commission Expires COMMUNITY ASPHALT CORP. BY: NAME: TITLE: The foregoing instrument was acknowledged before me this day of , 2010, by He/she is personally known to me or has produced as identification. Notary Public Printed/Typed Name of Notary Commission No. _ Commission Expires 11 \\r,ry y ` n , p�lrur f f.. � k Blade Tractor Loader (2-4 cy) 180 Grader Cat 12H, JD 672D Gradall Backhoe with Demo Hammer Static Roller Paving Machine Milling Machine Stock Pile Material (No Fuel will be stored on site) EXHIBIT "B" EQUIPMENT LIST 31 CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to the Co-op Contract for the Purchase of Diesel, Gasoline, Heating & Emergency Generator Fuel BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1920-552500-100 Gas/Fuel — Central Services 418-7250-552500-700 Gas/Fuel — Golf Course 401-3410-552500-300 Gas/Fuel — Solid Waste PREVIOUS ACTION: August 12, 2008 — Board approved the participation in the School District of St. Lucie County Fuel Co-op and subsequent contract with Glover Oil . RECOMMENDATION: Board approval of the first amendment to Contract No. C08-08-361 with Glover Oil Company, Inc. extending the term through July 21, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER County Attorney ( X ) Approved 5-0 Dan McIntyre Coordination/Signatures Purchasing ( X ) Melissa Simberlund CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst (x) l 44 aWonna Johnson Central Services Roger Shinn Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director p* DATE: May 25, 2010 SUBJECT: Amendment to the Co-op Contract for the Purchase of Diesel, Gasoline, Heating & Emergency Generator Fuel ITEM NO. VI-C1 Background: On July 22, 2008, the School District of St. Lucie County awarded Bid No. 08-39, co-operative bid for the purchase of diesel, gasoline, heating and emergency generator fuel to the lowest responsive and responsible bidder, Glover Oil. This bid was issued by the School District on behalf of the participating school districts and agencies. St. Lucie County participated in this bid. The bid allowed for a fixed price initial contract period of two (2) years with the right to renew for up to three (3) additional one-year periods. The initial term will expire on June 30, 2010. All prices will remain firm for the entire term of the contract. The School District of St. Lucie County has renewed the co- op agreement through July 21, 2011, under the same terms and conditions. During FY 2008-2009 St. Lucie County spent $885,423.64 under this contract. Attachment "A" — Renewal Agreement with the School District of St. Lucie County Attachment "B" — First Amendment to Contract No. C08-08-361 Recommendation: Board approval of the first amendment to Contract No. C08-08-361 with Glover Oil Company, Inc. extending the term through July 21, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. SUPLRIN �FN17C91 The School District of St. Luck County �,�„�, �„„nm r• P urcha5ing Deparrmirnt ► HF 5li D)L 130AF0 329 N.W. romm caee Pork Drive run St. Luca; FL 349114 ` hire a m'y voice - (772)33&6990 Xax - (77�13J1r ti96s RIENEWAL AGREEMENT VM MAOva agfeetnent *x rrB 08.39, Ussd. OsSdins. HeMbig end Eel Mway Gaff Wor Fuel. Mall be MneWed MMUgh July 21. 2011, under the same tenor oondldocm clad pddrg as d upon In the original Invibelan to Old agreamwa, vemor: Tea Mershag Glover 01 Co. 3 109 Main Street Mebowm% FL 32901 oo Sign* N me - S /C� Date iewe xolob "4ll— LQnWM Hearns, Director of Purchasing TA6 6Ch901 Dibbiel of fit. I.ude County 329 MY C&nmsms P31k DrIwe Pon St, Luds, FL 34M Accep(sJ W. Signed Me Attachment "A" C08-08-361 k FIRST AMENDMENT TO AUGUST 12, 2008 CONTRACT BETWEEN ST. LUCIE COUNTY AND GLOVER OIL COMPANY, 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 GLOVER OIL COMPNY, INC., or his, its or their successors, executors, administrators, and assigns (the "Contractor') WHEREAS, on August 12, 2008 the parties entered into a contract for the purchase of diesel, gasoline, heating and emergency generator fuel, pursuant to the terms and provisions of the Treasure Coast Co-op Fuel Bid and a contract between The School District of St. Lucie County and Glover Oil Company, Inc.; and, WHEREAS, the parties desire to amend the Contract to exercise the first of three (3) possible one-year renewal options. 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 Unless terminated as provided for in Paragraph 7, the term of this Contract shall begin on August 12, 2008 and continue through and including July 21, 2011. 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. 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 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA AIN CHAIRMAN Page 1 of 2 Attachment "B" C08-08-361 WITNESSES: APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY GLOVER OIL COMPANY, INC. An Print Name: Title: Page 2 of 2 ITEM NO. VI-C2 DATE: 05/25/10 - AGENDA REQUEST REGULAROEM ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin A SUBMITTED BY: Office of Management & Budget/Purchasing Director ' f SUBJECT: Amendment to Contract for Preventive Maintenance Services for County Fleet Vehicles BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1920-546006-100 Equipment maintenance PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the second amendment to Contract No. C08-08-374 with Reliable Tire & Auto Care Center, extending the contract through August 21, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures County Attorney ( X) i Dan McIntyre k, Purchasing (X)'�. Melissa Simberlund CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( X ) T#VonnaJohnson r`. Central Services X Roger Shinn TO: FROM: DATE: SUBJECT: ITEM NO. Background: 3 Board of County Commissioners P114 Marie M. Gouin, Director May 25, 2010 Office of Management & Budget/Purchasing Amendment to Contract for Preventive Maintenance Services for County Fleet Vehicles VI-C2 In 2008, St. Lucie County bid the preventive maintenance services for County fleet vehicles to be used on an as -needed basis. Reliable Tire & Auto Care Center, located in Ft. Pierce, was the lowest, responsive and responsible bidder and was awarded the contract. At the time, staff analyzed the contract and concluded that the vendor could provide the services at a lower cost due to discounts they receive by buying in bulk. The vendor could also perform the work in a timelier manner. Since 2008, County staff has been reduced which limits our capacity to perform the work ourselves. All prices will remain firm for the entire tem of the contract. The initial contract was for a period of one year and allowed for two additional one-year renewal options. The current term expires on August 21, 2010. There is one additional option for a one-year renewal period. With this renewal, this service would be bid mid -year 2011. During FY 2008-2009, St. Lucie County spent $38,895.76 under this contract. Attachment "A" — Second Amendment to Contract No. C08-08-374 Previous Action: August 22, 2008 — Board award of bid and contract July 7, 2009 — First amendment extending the term through August 21, 2010 Recommendation: Board approval of the second amendment to Contract No. C08-08-374 with Reliable Tire & Auto Care Center, extending the contract through August 21, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. M C08-08-374 SECOND AMENDMENT TO AUGUST 22, 2008 CONTRACT BETWEEN ST. LUCIE COUNTY AND RELIABLE TIRE & AUTO CARE CENTER THIS SECOND AMENDMENT, is made and entered into this day of 11 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and RELIABLE TIRE & AUTO CARE CENTER, or his, its or their successors, executors, administrators, and assigns (the "Agency") WHEREAS, on August 22, 2008 the parties entered into a contract to provide for preventive maintenance services for County fleet vehicles; and, WHEREAS, on July 7, 2009, the parties executed the first amendment to the contract exercising the first one-year renewal option and extending the term of the agreement to August 21, 2010; and, WHEREAS, the parties desire to further amend the Contract to exercise the second one- year renewal option and extend the Term of the Agreement to August 21, 2011; NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. TERM shall be amended to read as follows: 7. TERM The term of this Contract shall be for three (3) years beginning on August 22, 2008 and continuing through and including August 21, 2011. 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 BY: Deputy Clerk Chairman 1 Attachment "A" C08-08-374 APPROVED AS TO FORM AND CORRECTNESS County Attorney WITNESSES: RELIABLE TIRE & AUTO CARE CENTER BY: Print Name: Title: ITEM NO. VI-C3 TO: SUBMITTED BY: AGENDA REQUEST DATE: 5125/10 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: r Marie M. Gouin ' n Office of Management & Budget/Purchasing Director SUBJECT: Amendment to Medical Examiner's Budget FY 2009/2010 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 107-2710-581080-200 Medical Examiner PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Medical Examiner's budget reduction request in the amount of $6,493. St. Lucie County's share of the Medical Examiner's budget will change from $519,682 to $513,189 for FY 2009/2010. COMMISSION ACTION: CONCURRENCE: (>Q APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X) Budget Analyst ( ) Dan McIntyre Sophia Holt Originating Dept. ( ) Other ( ) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners, C FROM: Marie M. Gouin, Director DATE: May 25, 2010 SUBJECT: Amendment to Medical Examiner's Budget FY 2009/2010 ITEM NO. VI-C3 Background: Indian River County asked the Medical Examiner to reduce the FY 2009/2010 budget by three percent (3%) for the remainder of the year. Since St. Lucie County provides a share of the Medical Examiner's funding, its budget is also being reduced effective May 1, 2010 (see attached letters from the Medical Examiner, Attachment A and Indian River County, Attachment B). The approved budget for FY 2009/2010 is $519,682. Board approval is needed to reduce the FY 2009/2010 Medical Examiner's budget by $6,493. The amended budget for FY 2009/2010 would be $513,189. Previous Action September 22, 2009 — Board approval of the FY 2009/2010 Budget Recommendation: Board approval of the Medical Examiner's budget reduction request in the amount of $6,493. St. Lucie County's share of the Medical Examiner's budget will change from $519,682 to $513,189 for FY 2009/2010. Rah; C�,VellCaL t;:cM1r)Ef- L!lSrt. I'J �..r� ! i "i` —Ll. �, _/t °jTNntr"r OFFICE OF THE MEDICAL EXAMINER DISTRICT 19 >° `1300 South 35th Rrat - Fort Piero:,, FL 34�81-5�7 (772) 464= 378 • Fax (772) 464-2409 p7p WL �° Roger E. Mittleman, M.D. i.inda Rush O'Ncil, M.D. Chief Medical Examiner Associa.c McdiL;u! Examiner April 23, 2010 Mrs. Marie Gouin Director of Management & Budget Board of County Commissioners St, Lucie County 2300 Virginia Avenue Fort Pierce, FL 34932 Dear Mrs, Gouin: I am in receipt of a letter dated April 12, 2010, from Indian River County stating that the Indian River County Board of Commissioners have given direction to request mid -year budget cuts from outside agencies in the amount of three percent (3%) for the current fiscal year 2009-2010 due to declining revenues. The three percent (3%) is similar to the amount the Indian River County will be cutting from their internal departments. The District 19 Medical Examiners Office is able to cooperate with Indian River County's request to reduce the current fiscal year budget by three percent. Effective May 1, 2010 the three percent (3%) reduction will also apply to Martin, Okeechobee and St. Lucie County. Therefore, I am requesting St. Lucie County reduce their current monthly payment for the remaining Five months from $43,307 to $42,008. If you have any questions please call. Cordially, Roger E. Mittleman, M.D. Chief Medical Examiner cc; Joe Mazur, Finance, Department, Indian River State College SERVING ...1NDIAN RIVER, INIARTIN. OKEECT40BEE AND ST. LEC1F COUNTILS IfVA1' " VI' LIVVIV I Y LIV1VIIV"3.JIV1Vl'.lSna 1801 274 Street, Vero Beach, Florida 32960.2388 APR� r t� r� Office of fVanagement & Budget Telephone: (77?) 9-2-6-1214 April 1.Z, 2010 huger E. Mittleman, M.D. Office of The Medical Examiner '1500 South 35th Street Ft. Pierce, FL 3498,-3573 Dear Dr. Mittleman: Cite April 8, 2010, the Board of County Commissioner,,, held a Prellminaryy Budget Workshop to discuss the estimated budget shortfall for fiscal year 2010/2011 as well as declining revenues in the current fiscal year 2009/2010. The Board of County Commissioners gave direction to request mid -year cuts from Outside agencies similar tO amounts lhal the County will be cutting from t�feir :r.CzmtiC e?E~partments. This amounts to a three (3%) percent cut during the current fiscal year. We are asking all agencies to cut their budgets by this same amount. Please prop de 111is information on your agency's respective cuts to your current -scal year 20009!2010 budget to the Budget Office. Additionally, at this meeting, the Board provided direction to request :i ten (10%) percent cut frora all agencies for their 20101'2011 budgets. Pleasepry-parc your. budget request for next fiscal year in accordance with this direction. We appreciate your cooperation in these difficult times. If you have any questions, please contact me at 226-1214. utticCt`cly, 32sor iV . own Dircc , Matsga ement & Budget _COUNT TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing VI-C4 05/25/10 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) PRESENTED BY: Marie M. Gouin Director Amendment to Contracts for Tree Trimming and Removal Services See attached memorandum. FUNDS AVAILABLE: 101002-4110-534000-400 & 101003-4108-534000-400 Other contractual services PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the second amendment to Contract No. C08-08-347 with Tri- Brothers Tree & Landscaping, Inc. and Contract No. C08-08-345 with Paul Fasnacht Lawn & Tree Trimming, extending the contracts through August 11, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (}� APPROVED ( ) ( ) OTHER Approved 5-0 County Attorney ( X ) CONCURRENCE: DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures Dan McIntyre Other (X) Melissa Simberlund OMB / •j Budget Analyst ( X) U TdWonnaJohnson Road & Bridge ( X ) Donald Pauley TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: May 25, 2010 SUBJECT: Amendment to Contracts for Tree Trimming and Removal Services ITEM NO. VI-C4 Backaround: In 2008, St. Lucie County bid the tree trimming and removal services to be used on an as -needed basis. Two contracts were awarded. Tri-Brothers Tree & Landscaping, Inc., located in Port St. Lucie, is the primary contract vendor and Paul Fasnacht Lawn & Tree Trimming, located in Ft. Pierce, is the secondary contract vendor. The initial contracts were for a period of one year each with an option for two additional one-year renewal periods. All prices will remain firm for the entire term of the contract. The first renewal extended the term through August 11, 2010. With this renewal, this service would be bid mid -year to have a new contract in place prior to August 2011. During FY 2008-2009 St. Lucie County spent $17,100.00 with Tri-Brothers and $1,275.00 with Paul Fasnacht. Attachment "A" — Second Amendment to Contract No. C08-08-347 with Tri-Brothers Tree & Landscaping, Inc. Attachment "B" — Second Amendment to Contract No. C08-08-345 with Paul Fasnacht Lawn & Tree Trimming Previous Action: August 12, 2008 — BOCC approved contract. July 7, 2009 — First amendment extending the term through August 11, 2010 Recommendation: Board approval of the second amendment to Contract No. C08-08-347 with Tri-Brothers Tree & Landscaping, Inc. and Contract No. C08-08-345 with Paul Fasnacht Lawn & Tree Trimming, extending the contracts through August 11, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. C J C08-08-347 SECOND AMENDMENT TO AUGUST 12, 2008 CONTRACT BETWEEN ST. LUCIE COUNTY AND TRI-BROTHERS TREE & LANDSCAPING, INC. THIS SECOND 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 TRI-BROTHERS TREE & LANDSCAPING, INC., or his, its or their successors, executors, administrators, and assigns (the "Agency"). WHEREAS, on August 12, 2008 the parties entered into a contract to provide tree trimming and removal services; and, WHEREAS, on July 7, 2009, the parties executed the first amendment to the contract extending the contract through August 11, 2010; and, WHEREAS, the parties desire to further amend the Contract to exercise the second one-year renewal option and extend the Term of the Agreement to August 11, 201 1; NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1 . Paragraph 5. TERM shall be amended to read as follows: 5. TERM The term of the Contract shall be for a period of two (2) years beginning on August 12, 2008 and continuing through and including August 11, 2011. 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 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman 11 Attachment "A" C08-08-347 APPROVED AS TO FORM AND CORRECTNESS County Attorney WITNESSES: TRI-BROTHERS TREE & LANDSCAPING, INC. BY: Print Name: Title: r C08-08-345 SECOND AMENDMENT TO AUGUST 12, 2008 CONTRACT BETWEEN ST. LUCIE COUNTY AND PAUL FASNACHT LAWN & TREE TRIMMING THIS SECOND 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 PAUL FASNACHT LAWN & TREE TRIMMING, or his, its or their successors, executors, administrators, and assigns (the "Agency"). WHEREAS, on August 12, 2008 the parties entered into a contract to provide tree trimming and removal services; and, WHEREAS, on July 7, 2009, the parties executed the first amendment to the contract extending the term through August 11 , 2010; and, WHEREAS, the parties desire to further amend the Contract to exercise the second one-year renewal option and extend the Term of the Agreement to August 11, 201 1; NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1 . Paragraph 5. TERM shall be amended to read as follows: 5. TERM The term of the Contract shall be for a period of three (3) years beginning on August 12, 2008 and continuing through and including August 11, 2011. 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 BY: Deputy Clerk Chairman 1 Attachment "B" C08-08-345 APPROVED AS TO FORM AND CORRECTNESS County Attorney WITNESSES: PAUL FASNACHT LAWN & TREE TRIMMING BY: Print Name: Title: CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin T 1 SUBMITTED BY: Office of Management & Budget/Purchasing Director / SUBJECT: Assignment of Contract for the Garbage Collection and Recycling Services for St. Lucie County Facilities BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various department accounts PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the assignment of Contract No. C08-05-231 from All Haul to Waste Pro USA, Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (X) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney ( X) Budget Analyst ( ) Dan McIntyre ZPurchasing ( X) LCSolid Waste ( X ) Melissa Simberlund Ron Roberts 7CIOUNTY >� :L O- R U ..D --A TO: Board of County Commissioners, FROM: Marie M. Gouin, Director DATE: May 25, 2010 Office of Management & Budget/Purchasing MEMORANDUM SUBJECT: Assignment of Contract for the Garbage Collection and Recycling Services for St. Lucie County Facilities ITEM NO. VI-05 Background: In 2008, St. Lucie County entered into a contract with All Haul, the lowest responsive, responsible bidder, located in Fort Pierce, to provide garbage collection and recycling services for St. Lucie County facilities. The initial term of the contract was for a period of two years, with two additional one-year renewal options. The current term will expire on June 30, 2011. All Haul will be acquired by Waste Pro USA, Inc. effective June 1, 2010. Waste Pro will honor all contractual obligations and prices. The Assignment of Contract C08-05-231 is attached. Previous Action: May 13, 2008 — BOCC approved award of contract December 9, 2008 — First amendment extending the contract through June 30, 2011 Recommendation: Board approval of the assignment of Contract No. C08-05-231 from All Haul to Waste Pro USA, Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. 1.***v ASSIGNMENT OF CONTRACT C08-05-231 BY AND BETWEEN ST. LUCIE COUNTY AND ALL HAUL THIS ASSIGNMENT OF CONTRACT is entered into this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and ALL HAUL ("Assignor"), and WASTE PRO USA, INC., ("Assignee"). WITNESSETH: WHEREAS, the County and Assignor entered into a Contract for garbage collection and recycling services for St. Lucie County facilities (hereinafter referred to as the "Contract"); and WHEREAS, Assignee acquired all assets of Assignor, which will continue to provide all of the services in the Contract; consequently, Assignor has agreed to assign the Contract, to Assignee and the County has agreed to approve the assignment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County, the Assignor and the Assignee hereby covenant and agree to as follows: 1. Assignment of Contracts. Assignor hereby assigns to Assignee all of its rights, duties, liabilities and obligations as specifically set forth in the Contract, incorporated herein by this reference. 2. Assumption of Contracts. Assignee hereby agrees to assume, perform and discharge all duties, liabilities and obligations of Assignor as set forth in the Contract. 3. Approval of the Assignment. The County hereby approves the assignment of the Contract, from the Assignor to the Assignee. 4. Effective Date. This Assignment shall be effective as of June 1, 2010. IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: Deputy Clerk WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney ASSIGNOR: ALL HAUL By: Print Name: Print Title: ASSIGNEE: WITNESSES: WASTE PRO USA, INC. go Print Name: Print Title: TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works - Administration Taylor Creek Dredging Phase 2 See attached memorandum. ITEM NO. VI-131 DATE: 5/25/2010 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Donald B. West Ir% Public Works Di rector 140328-4315-563000-465016 — Infrastructure (pending BOCC approval) 140329-4315-546350-4657 — Maintenance Dredging (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Resolution No. 10-152 and Budget Amendment No. 10- 021 establishing the fund for the Florida Department of Transportation grant for the Taylor Creek Dredging Phase 2 project in the amount of $454,904 with a $454,904 local match as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (X) Az Dan McIntyre Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Originating Dept. (X) Do aid B. West ERD (X) Marie Gouin Karen Smith Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: May 25, 2010 SUBJECT: Taylor Creek Dredging Phase 2 ITEM NO. VI-D1 Background: This funding from Florida Seaport Transportation and Economic Development Council (FSTED) through a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) will provide for a portion of the dredging of Taylor Creek Phase 2. The cost for dredging of Phase 2 is estimated at $3,500,000. FDOT's current contribution to Phase 2 is $454,904 with a County match of $454,904 for a total of $909,808. The County has grant applications pending for the remaining funds needed to complete the project. The attached Budget Resolution No. 10-152 establishes the fund for this FDOT grant and the attached Budget Amendment No. 10-021 establishes the local match. Previous Action: February 9, 2010 — Board approval of JPA 425900-1-94-01 with FDOT and the Florida Seaport Transportation and Economic Development Council (FSTED) for $454,904 for Taylor Creek Dredging Phase 2. Recommendation: Board approval of Budget Resolution No. 10-152 and Budget Amendment No. 10-021 establishing the fund for the Florida Department of Transportation grant for the Taylor Creek Dredging Phase 2 project in the amount of $454,904 with a $454,904 local match as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by County Attorney. RESOLUTION NO. 10-152 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 through a Joint Participation Agreement, in the amount of $454,904, as funding for the Port of Fort Pierce — Taylor Creek Dredging, Phase II project. 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 25th day of May, 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 140370-4315-334411-4657 FDOT-Transportation $454,904 APPROPRIATIONS 140370-4315-546350-4657 Infrastructure $454,904 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 25TH DAY OF MAY 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY IZe7 FROM: BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Port PREPARED DATE: 5/6/2010 AGENDA DATE: 5/25/2010 ACCOUNT NUMBER ACCOUNT NAME AMOUNT 140370-4315-546350-4657 Maintenance-Dredoina $454,904 140329-4315-546350-4657 Maintenance-Dredqinq $315,604 1 REASON FOR BUDGET AMENDMENT: To move the for the Phase 2 of Taylor Creek Dredging. Grar unused balances. Per the granting agency, the for the Taylor Creek Dredqinq Phase 2 proiect. THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: match into the grant fund #140370 328 and #140329 were closed with nq balances were allowed to be usi n/a BA10-021 11* TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division ITEM NO. VI — D2 DATE: 6/25/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Michael Powley, P.E. mp County Engineer Beau Rivage Drainage Improvements (South Shore Drive and Everglades Boulevard Culvert Replacements) See attached memorandum. Account #: 102001-3725-563000-XXXXX, Drainage Maintenance MSTU — Stormwater Management PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of bid award to Melvin Bush Construction, Inc. in the amount of $61,722.30 for construction of the Beau Rivage Drainage Improvements, CIP form CIP10-035, Budget Amendment Number BA10-022, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (>O APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MP7- County Administrator -Coordination/Signatures County Attorney (x) r OMB Director (x) Daniel McIntyre Budget Analyst Warie Gouin Originating Dept. ( x) W County Engineer (x) D nald West Michael Powley Beau Rivage Drainage Improvements construction award Melvin Bush.ag Engineering Division' MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director "A . FROM: Michael Powley, County Engineer .,� DATE: May 25, 2010 SUBJECT: Beau Rivage Drainage Improvements, South Shore Drive and Everglades Boulevard ITEM NO. VI - D2 Background: On March 9, 2010, twelve (12) bids were received in Purchasing for the Beau Rivage Drainage Improvements project. This is a Local Preference project. Melvin Bush Construction, Inc. was the low bidder in the amount of $61,722.30 (Attachment A). This firm is a local St. Lucie County contractor. The project budget will utilize Municipal Service Taxing Unit (MSTU) funds and be established as follows: Construction $ 61,723 Construction of Seawall $ 10,000 Construction Material Testing $ 8,000 10% Contingency 6,277 Total Budget $ 86,000 The Beau Rivage Drainage Improvements project needs to be added to the Capital Improvements Project (CIP) list. Therefore, attached please find CIP form CIP10-035 (Attachment B) and Budget Amendment Number BA10-022 (Attachment C) for Board approval. Separate agreements in accordance with the St. Lucie County Purchasing Manual utilizing the budget above will be entered into for the material testing and the construction of the seawall at the discharge point of the Beau Rivage Drainage Improvements. Previous Action: October 14, 2009 — Work Authorization No. 24 to Culpepper and Terpening (C&T) in the amount of $2,355 for topographic survey work. October 27, 2009 — Work Authorization No. 35 to Dunkelberger Engineering & Testing, Inc. (DE&T) in the amount of $9,600 for a geotechnical study. November 19, 2009 — Work Authorization No. 26 to C&T in the amount of $800 for additional survey work. December 1, 2009 — First Amendment to Work Authorization No. 35 to DE&T in the amount of $910 for supplemental geotechnical work. December 8, 2009 — Approval to advertise an Invitation to Bid to replace drainage pipes at the intersection of South Shore Drive and Everglades Boulevard in Beau Rivage. 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GONTINUENGY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: IT NAME ' AMOUNT acement culvert and seawall within the Beau Attachment $ n/a n/a BA10-022 ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: Beau Rivage Culvert Replacement PROJECT*: I tbd DEPARTMENT: I PUBLIC WORKS DATEPREPARED: 5/13/2010 DIVISION: JENGINEERING PROJECT MGR: Craig Hauschild TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES aX NO RENOVATION: APPROVED: YES MAINTENANCE: REVISED: NO YESHNO PROJECT DESCRIPTION / JUSTIFICATION: Replacement of culvert and seawall within the Beau Rivage Subdivision. THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES �NO CARRYOVER FY09-10 FY 0910 FY 10-11 FY1142 FY12-13 FY13-14 5-YEAR FUNDING USES FROM FY 09 NEW BUDGET FLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 0 86,000 86,000 0 0 0 0 86,000 AIPP 0 860 860 0 0 0 0 860 TOTAL: 0 86,860 86,860 0 0 0 0 86,860 FY 0940 FY 09-10 3�Y311-11 FY11-12 FY12-13 FY13-14 5-YEAR FUNDING SOURCES &AMOUNTS NEW BUDGET _ PLAN, PLAN PLAN PLAN TOTAL Drainage Maintenance MSTU 86,860 86,860 0 0 0 0 86,860 0 0 0 0 TOTAL: 86,860 86,860 0 A 0 0 86,860 OPERATING IMPACT (Includes add'1 personnel needs as well as any other FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed I I I I I 1 0 Estimated Operating bnpactl 0 REMARKS: CAPITAL IMP REQ # : CIP10-035 ACCOUNT #: 102001 - 3725 - 563000 - xxxxxx Attachment C ITEM NO. VI -El 7COUNTY F L O R I D A .� TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Housing and Community Services/Library St. Lucie West Library Annual Payment See attached memorandum. 5/25/10 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Susan Jacob Acting Library Manag r 105-7115-534000-7950 Other Contracted Services 001-7110-534000-7950 Other Contracted Services PREVIOUS ACTION: January 1995 — BOCC approved interlocal agreement C95-08-592 for joint funding with Indian River State College (IRSC) for St. Lucie West Library. RECOMMENDATION: Board approval of annual payment of $150,197 for Contracted Services to IRSC for library services at St. Lucie West Library for FY2009/10. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director •lhN*7, 9s" Budget Analyst Daniel S. McIntyre Originating Dept. Beth Ryder Marie ouin Sophia Holt COUNTY F LoRteR. Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director_ FROM: Susan Jacob, Acting Library Manager DATE: May 25, 2010 SUBJECT: St. Lucie West Library Annual Payment ITEM NO. VI -El Background: The Board of County Commissioners entered into an interlocal agreement (C95-08-592) with IRSC in 1995 to provide library services in a limited branch capacity on the St. Lucie West Campus of IRSC. The St. Lucie West Library is available to students from Indian River State College (IRSC) and Florida Atlantic University as well as the general public. The Library Division, through the State Aid to Libraries grant program and the County general fund, provides partial funding for three (3) full-time IRSC library staff members; funds for the collection; as well as operational funds on an annual basis. The funds needed to help in the operation of the St. Lucie West Library for FY09/10 were calculated to be $220,880; with $177,200 paid directly to IRSC and $43,680 for the book rental plan, reference books, audio-visual materials and subscriptions paid directly to the vendors. A shortfall occurred due to budget reductions from the State Legislature with $45,656 less coming in for State Aid funding. Talks with IRSC took place and a final renegotiated FY2009/10 payment to IRSC of $150,197 was agreed upon. This cooperative venture is a win -win for the residents of St. Lucie County. The use of this facility continues to grow each year. The access to advanced technology, on -site computer training and a diverse collection of materials for public use is a wonderful addition to the Library System. Data provided in the attachments show that the greatest users of this facility are St. Lucie County citizens who represent 57% of circulation and 51 % of Internet users. For the money spent, the County is getting an excellent return on our investment. Recommendation: Board approval of annual payment of $150,197 for Contracted Services to IRSC for library services at St. Lucie West Library for FY2009/10. Attachment: St. Lucie West Library Budget FY2009-2010 St. Lucie West Circulation and Computer Use Charts Housing and Community Services/Library Agenda Item VI -Ell Attachment St. Lucie West Library Budget 2009/10 Projected Actual Salaries & Benefits $163,752 $150,197 Books* 29,514 29,514 Subscriptions* 5,000 5,000 Audio-visual* 2,500 2,500 Postage* 75 75 Communications* 6,591 3,091 Other (supplies, utilities, etc) 13,448 0 $220,880 $190,377 Funding for St. Lucie West Library Projected Actual State Aid to Libraries grant funds $163,145 $117,509 County General Revenue & 75,000 75,000 Impact Fee funds $238,145 $192,509 Items marked with an asterisk (*) are paid by the Library for St. Lucie West, remaining items are paid directly to Indian River State College. 0 Ow' M c NTY F L 0 R t D A ITEM NO. VI-E2 DATE: 5125/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Susan Jacob SUBMITTED BY: Housing and Community Services/Library Acting Library Man er SUBJECT: SirsiDynix Annual Software Maintenance Contract Renewal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7110-534110-700 Software Support PREVIOUS ACTION: The Board of County Commissioners has approved the renewal of this software maintenance contract annually since 1992. RECOMMENDATION: Board approval of SirsiDynix software maintenance contract in the amount of $33,161.71 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst DanIbI S. McIntyre Originating Dept. ( ) IT Beth Ryder Marie Gouin Sop Holt i Nels Azcue aga COUNTY F L O R F D A Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director ,��6z_ FROM: Susan Jacob, Acting Library Manager X DATE: May 25, 2010 SUBJECT: SirsiDynix Annual Software Maintenance Contract Renewal ITEM NO. VI-E2 Background: The software maintenance contract is essential to the continued function and upgrade of the Library's online system (see attached schedule). The software maintenance agreement has been in place since the purchase of the software in 1991. Staff forwards problems to SirsiDynix Client Care by email; problems are corrected in a timely manner. The Client Care staff is just a phone call away for system emergencies or advice on how to generate new reports and configure new system parameters, as they are needed. SirsiDynix software maintenance also provides for the periodic upgrading of the online system to the most recent releases with interim fixes as needed. The alternative to the yearly maintenance agreement is to pay SirsiDynix technicians a high hourly rate for each request; upgrades would have to be purchased individually with additional charges for the SirsiDynix technician to implement the update. SirsiDynix is a proprietary vendor for this software maintenance contract. As with any online system product, access to the software and its inner workings is reserved to the vendor and not shared with the customer. Library and Information Technology staff cannot edit or alter the software. Information Technology staff rely heavily on the help of the SirsiDynix technicians to correct any system problems and assess the compatibility of proposed system component upgrades. Recommendation: Board approval of SirsiDynix software maintenance contract in the amount of $33,161.71 and authorization for the Chair to sign documents as approved by the County Attorney. Attachment: SirsiDynix Sales Proposal �ir�� Sales Proposal. QMNT00005219 Date 2/3/2009 'Y Page 1 400 West Dynix Drive Provo, UT 84604 Bill To: St. Lucie County Library System Dr. Edward K. Werner 101 Melody Lane Fort Pierce FL 34950-4402 Ship To: St. Lucie County Library System Attn: Stephen Barber Information Technology Dept. Fort Pierce FL 34982 Purchase Order No. Customer ID Quote Prepared Payment Terms Re Shi Date Master No. 772-462-1615 NLT Net 30 0/0/0000 61,634 Quantity Item Number Description UOM Discount Unit Price Ext. Price 30-95001-000 Annual Unicorn Software Maintenance Effective Period: August 1, 2010 - July 31, 2011 each $0.00 $33,161.71 $33,161.71 For questions or comments please contact beckie clark at the following information Rebekah.Clark sirsidynix.com. 801-223-5806 Subtotal $33,161.71 Misc $0.00 Tax $0.00 Freiaht $0.00 $0.00 Total 33 161.71 ,j& S1rs1DYniX SCHEDULE/EXHIBIT "A" St. Lucie County Library System Item Number Item Description Serial Number City Coverage Effective Dates EOL Date Price From To M-1924 9XX Order Interface (Acq.) 1 8/1/2010 - 7/31/2011 555.82 M-1947 Acquisition Control 1 8/1/2010 - 7/31/2011 2,575.68 M-1997 Authority Control 1 8/1/2010 - 7/31/2011 1,253.32 M-2019 Bibliographic & Inv. Control 1 8/1/2010 - 7/31/2011 5,389.91 M-2047 Circulation Control 1 8/1/2010 - 7/31/2011 2,575.68 M-2066 Collection Agency Interface(per institutior 1 8/1/2010 - 7/31/2011 449.27 M-2102 Electronic Mail 1 8/1/2010 - 7/31/2011 220.39 M-2106 Enhanced Public Access 1 8/1/2010 - 7/31/2011 1.300.56 M-2209 iLINK Research Portal -III 1 8/1/2010 - 7/31/2011 2,787.59 M-2231 Information Gateway 1 8/1/2010 - 7/31/2011 1,301.76 M-2272 MARC Import/Export Utilities 1 8/1/2010 - 7/31/2011 0.00 M-2355 Reference Librarian -III 1 8/1/2010 - 7/31/2011 785.90 M-2373 Request Module 1 8/1/2010 - 7/31/2011 655.12 M-2414 SIP2 Interface for Cert.Vendor 1 8/1/2010 - 7/31/2011 2,774.27 M-2651 WebCat WWW Catalog 1 8/1/2010 - 7/31/2011 5,262.77 M-2665 WorkFlows Staff Clients 67 8/1/2010 - 7/31/2011 5,273.67 Annual Unicorn Software Maintenance 33,161.71 Page 1 GENERAL TERMS AND CONDITIONS OF OFFER RENEWAL PROCEDURES To renew these maintenance services in accordance with SirsiDynix's Support Agreements, sign and fax the Renewal Acceptance Form with a copy of the quotation and a purchase order (if required) to 801-223-5242. You may also mail a copy with a check to: SirsiDynix at #774271, 4271 Solutions Center, Chicago, IL 606774002, or mail renewal to: SirsiDynix at 400 W Dynix Drive, Provo, UT 84604. All renewals must be received by SIRSIDYNIX, before the renewal date, to prevent an interruption of service. In the event that administrative problems are experienced and a purchase order cannot be processed before the renewal date, SirsiDynix will accept a written notice of intention to renew and extend the maintenance services for 30 days beyond the renewal date. Please sign Renewal Acceptance Form and Notice of Intent to Renew. EXPIRATION POLICY Upon expiration of this maintenance agreement, SirsiDynix's policy is to withhold telephone support, upgrades and any enhancements until a valid purchase order or check is received for all maintenance fees. REINSTATEMENT POLICY If a site is placed on Maintenance Hold, it is SirsiDynix's policy to charge a reinstatement fee for each calendar month or portion thereof while the maintenance is suspended. MAINTENANCE QUOTE MODIFICATION POLICY In accordance with the terms of the original contract, a thirty (30) days prior written notice is required if you choose to cancel all or part of this maintenance agreement. Any additions or deletions to this quote must be received by SirsiDynix in writing not less than thirty (30) days prior to the renewal date. Question or concerns pertaining to this quote should be directed to the Maintenance Coordinator. PRICING AND PAYMENT POLICY Pricing is based on payment made annually in advance and contains a discount if purchase order or payment is received before the renewal date. Maintenance Fees paid quarterly in arrears must include an additional fee of 15% for monthly an additional 20% fee. Renewal Acceptance Form By signing below, I accept the terms and conditions of the SirsiDynix Maintenance Agreements and wish to renew this quotation as written. I am hereby authorizing SirsiDynix to issue an invoice per attached quotation. Contract/Quote #. Purchase Order # Customer Signature: Phone # Date: Print Name: Notice of Intent to Renew Please accept this as my Intention to Renew and extend maintenance services 30 days beyond expiration date. Purchase order will be process within Days. Signature: Date: Print or type Name: Title: TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: BOARD OF COUNTY COMMISSIONERS Housing and Community Services/ Community Services Transit Shelter Funds See attached memorandum. 001-4910-366930-400 Private Contribution CONSENT (X ) PRESENTED BY: Corine C. Williams" Transit Coordinator January 5, 2010 —Approved agreement with Madison Vines, L.L.0 RECOMMENDATION: Board acceptance of fee -in -lieu of payment in the amount of $15,000, approval of Budget Resolution 10-035, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (%C) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) Daniel'S. McIntyre r't-t-=- -I- Originating Dept. Beth Ryder'' Stefanie Myers Ll OMB Director ( ) Budget Analyst Marie Gouin Sophia Holt TO: Board of County Commissioners THROUGH: Beth Ryder, Directo�� Transit Coordinator i✓� k FROM: Corine C. Williams, DATE: May 25, 2010 Housing and Community Services MEMORANDUM SUBJECT: Transit Shelter Funds ITEM NO. VI- E3 Background: On February 2, 2009, Madison Vines, L.L.0 received site plan approval from the City of Fort Pierce to construct a 92-unit affordable housing complex to be located at 4202 Oleander Avenue, Fort Pierce. A condition of approval required the developer to install a transit shelter and other related infrastructure in the next two years. This request was made to accommodate residents and riders who will need access to transit at this development and the surrounding area. The City Commission approved an agreement with the County for a fee -in -lieu of payment in the amount of $15,000. These funds will be used by the County to install a shelter and related infrastructure within two years. Per the agreement with the City, if this installation is not completed within the designated time frame, the funds will be forwarded to the City to construct similar transit related infrastructure. Recommendation Board acceptance of fee -in -lieu of payment in the amount of $15,000, approval of Budget Resolution 10-035, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Budget Resolution 10-035 it 1 RESOLUTION NO. 10-035 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 inter -cooperation agreement with Madison Vines, LLC and City of Fort Pierce for purchase and installation of a community transit shelter and infrastructure on Oleander Avenue in the amount of $15,000. 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 25`h day of May, 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 001-4910-366930-400 Contribution from Private Source APPROPRIATIONS 001-4910-552200-400 Bldg/Infrastructure After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chair XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 25T" DAY OF MAY 2010. $15,000 $15,000 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY 10-01-00� I-S AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND MADISON VINES, LLC, FOR COMMUNITY TRANSIT SHELTER AND RELATED INFRASTRUCTURE This AGREEMENT is made and entered into as of this S day of 20_a, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and MADISON VINES, LLC, a Florida limited liability company, hereinafter referred to as "Madison Vines, LLC." WITNESSETH WHEREAS, "Madison Vines, LLC" is the contract purchaser of certain real property owned by Eduardo Leal located along on the south side of Tumblin Kling and east of Oleander Avenue a portion of which has been identified by "St. Lucie County" as being needed for the future widening of Oleander Avenue; and, WHEREAS, on February 2, 2009, "Madison Vines, LLC" received approval of Site Plan from the Fort Piece City Commissioners to construct a 92 unit affordable housing complex for residents over 55 years old at 4202 Oleander Avenue which parcel is described in Exhibit "A," (the address was subsequently changed to 955 Tumblin Kling Road); and, WHEREAS, Condition Number 6 of the Approval by the Fort Pierce City Commissioners pursuant to the City's inter -cooperation agreement with the "St. Lucie County,' requires "Payment of $15,000 to St. Lucie County for the purchase and installation of a community transit shelter and related infrastructure to be built on Oleander Boulevard within two (2) years, and if not constructed within two (2) years from the date hereof, the payment of $15,000 goes to the City of Fort Pierce and, WHEREAS, Oleander Boulevard is known as Oleander Avenue on the maps of the St. Lucie County Tax Assessor and is one and the same roadway which is the subject of this Agreement; and, WHEREAS, "Madison Vines, LLC" and "St. Lucie County" are desirous to satisfy the requirement that if the required purchase and installation of a community transit shelter and related infrastructure ("the Facility") is not installed within two (2) years from the date hereof that "St. Lucie County" will abide by the condition that the payment of $15,000 goes to the City of Fort Pierce with the condition that the City of Fort Pierce use these funds only for transit related Agreement — Community Transit Page 1 improvements or facilities in the surrounding area as approved by the Community Services Dept.; and, NOW, THEREFORE, in consideration of the mutual covenants entered into be to be made and performed, and in consideration of the benefits to accrue to agreed as follows: Section 1 Incorporation by Reference. The above recitals are true and correct and made a part of this Agreement by reference. Section 2 Amount and Timing of Payment. 'Madison Vines, LLC' agrees to pay 'St. Lucie County' $15,000 for the purchase and installation of a community transit shelter and related infrastructure to be built on Oleander Avenue within two (2) years. The payment shall be made to prior to the issuance of building permits by the City of Fort Pierce. Section 3 Community Transit Shelter to be Built 'St. Lucie County' agrees to purchase and install a community transit shelter and related infrastructure on Oleander Avenue within two (2) years from the date hereof. It shall be between 'St. Lucie County' and the City of Fort Pierce to determine what satisfies this condition. Section 4 Contingent Payment to the City of Fort Pierce. In the event that the "St. Lucie County' does not purchase and install a community transit shelter and related infrastructure on Oleander Avenue within two (2) years 'St. Lucie County' agrees to pay the $15,000 to the City of Fort Pierce with the condition that the City of Fort Pierce use these funds only for transit related improvements or facilities in the surrounding area as approved by the St. Lucie County Community Services Dept. Section b Notices. Any notices hereunder shall be delivered to the following: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With copy to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Agreement — Community Transit City Manager 100 N. US 1 Fort Pierce, FL 34954 City Attorney 100N.US1 Fort Pierce, FL 34954 Page 2 Section 6 Recordability of Agreement This Agreement shall be recorded by 'St. Lucie County" in the public records of St. Lucie County, and shall be binding upon "Madison Vines, LLC' and any successors in interest and title to the property described in Section 3 above. Section 7 Termination of Agreement This Agreement shall be effective until the improvements described in Section 3 have been installed or the funds described in Section 4 have been paid to the City of Fort Pierce at which time this agreement shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in the presence of - BOARD OF CO N COMMISSIONERS ATTES ST. LUCIE Cetth TY, LORIDA BY: ' Approved as to Form and Correctness: COUNTY ATTORNEY [signatures continue on next page] Agreement — Community Transit Page 3 Madison Vines, LLC, A Florida Limited Liability Company By: Madison Vines Apartments, LLC, A Florida Limited Liability Co pa its Managing Mjnnber r 7 , By: WITNESS: ACKNOWLEDGEMENT L. Borck, Manager STATE OF FLORIDA ) ss COUNTY OF ORANGE ) The foregoing instrument was acknowledged before me this day of 2009, by ��P [- 6t g- f C Manager of Madison Vines Apartments, LLC, Managing Member of Madison Vines, LLC, a Florida limited liability company, who is I/ personally known to me, or who has produced as identification and who did/ not take an oath. Notary Seal Notary Public, State of 'da Print Name: eerla- My Commission Expires: D; - �k-7 0// INL, CARLA KINSEY MYCOMMISSION # 00844872 EXPIRES Febuary 27 2011 Fhnnallol�ry3�wc�.e0m Development Agreement - Community Transit Page 4 EXHIBIT "A" Legal Description The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 35 South, Range 40 East, St. Lucie County, Florida, less the North 40 feet and less the West 65 feet thereof. Parcel ID Number: 2434-332-0002-000-3 Agreement — Community Transit Page 5 0 O r O O O T3 w r r r ti 23 J3 so ji I 19 -%7 m iu v In a o o� 9m \' rt m 2. o= M LA rt K W o �i 4 M rt IT m H pGN a w 0 a 0 0 0 0 g w n N w Pt O Ln 'd f'S N � tD N O O L 0 O O O O 3cn4m I• m oR. 060CZ 010 < 33 � 3 w n N V 0 T jjjh�: C C � m N z O fA A C Z D n . S m g pt � Z w � G D b a m 0 A RESOLUTION NO. 10-035 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 inter -cooperation agreement with Madison Vines, LLC and City of Fort Pierce for purchase and installation of a community transit shelter and infrastructure on Oleander Avenue in the amount of $15,000. 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 25'h day of May, 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 001-4910-366930-400 Contribution from Private Source $15,000 APPROPRIATIONS 001-4910-552200-400 Bldg/Infrastructure $15,000 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chair XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 25T" DAY OF MAY 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Housing and Community Services/Housing VI-E4 05/25/10 PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY: Jessica Parrish Housing Manager Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Closeout See attached memorandum. 001184-6420-334693-600 CDBG Supplemental Disaster Recovery PREVIOUS ACTION: February 27, 2007 — Approval of grant agreement. March 25, 2008 — Approval of Modification Number One. October 14, 2008 — Approval of Modification Number Two. January 27, 2009 — Approval of Modification Number Three. June 23, 2009 —Approval of Modification Number Four. August 11, 2009 — Approval of Modification Number Five. October 27, 2009 — Approval of Modification Number Six. RECOMMENDATION: Board approval to close out the CDBG DRI grant, and to authorize the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: 00 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) CONCURRENCE: �1 Faye W. Outlaw, MPA County Administrator Coordination/Signatures Daniel S. McIntyre Beth Ryder OMB Director ( ) l l I / Budget Analyst Y Y V� )pU Marie Gouin Sophia Holt Housing and - E j , = 1- Community Services qLILI MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Directors FROM: Jessica Parrish, Housing Manager DATE: May 25, 2010 SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Closeout ITEM NO. VI — E4 Background: The CDBG DRI Grant is a Federal program that provides funding for low-income residents located in communities impacted by a natural disaster. Congress appropriated additional funding for the CDBG program in the form of Disaster Recovery grants to assist with recovery from hurricanes. In 2007, St. Lucie County received $1,332,433 to be shared with the Cities of Port St. Lucie and Fort Pierce. St. Lucie County and the Cities of Fort Pierce and Port St. Lucie utilized the funding for the following activities: • assisted two residents with down payment and closing costs; • assisted nine residents with rehabilitation; • assisted five residents with replacement of their homes; • partnered with St. Lucie County Code Compliance to demolish eight blighted structures; and • completed the resurfacing of Darwin Boulevard. Recommendation Board approval to close out the CDBG DRI grant, and to authorize the Chairman to sign documents as approved by the County Attorney. Attachment: Closeout Package .. FLORIDA SMALL CITIES OR DISASTER RECOVERY CDBG CLOSEOUT (12.07) Closeout forms must be submitted to the Department of Community Affairs, Florida Small Cities CDBG or Disaster Recovery Program, within 45 days after the contract termination or expiration date. A Final Request for Funds should be submitted prior to, or with, the closeout since funds not requested will be deobligated at closeout. Closeout requirements can be found in Rule 913-43.0051 (11), F.A.C. Instructions All grant recipients must complete Section I. Commercial Revitalization or Neighborhood Revitalization grant recipients must complete Section II. Recipients of Commercial Revitalization or Economic Development grants must complete the relevant portions of Section III, and Housing grant recipients must complete Section IV. All grant recipients must complete the Beneficiary Data form and the Status of Accomplishments and Expenditures form. The Closeout Approval form must be signed by the Chief Elected Official. Enter the information requested or circle the response. Section I. Contract Information Contract Number: Beginning Date: 'Ending Date: 07DB-3V-10-66-01-Z04 ! April 17, 2007 April 16, 2010 Recipient: Local Contact: St. Lucie County BOCC 1 Jessica Parrish, Housing Manager Phone Number: (772) 462-2375 1. Indicate how the project was carried out (administration Grantee Employees and construction):- Contractors Both 2. Indicate how beneficiary data was collected: Both — Housing Direct Benefit, Infrastructure Census Tract ~Census Survey _ 3. Enter the Census Tract(s) and/or Block Group(s) for service area(s): Census Tract(s) Block Group(s)____ 4. If location of activities changed, is a map included? N/A Yes No _ _ 5. Is a Property Management Register included? Yes No 6. If an infrastructure project, is an engineering certification included? _ Yes No 7. I 8. Is the project located in a Presidentially Declared Disaster Area? - Yes _' No Yes No 9. Is the project a Special Assessment activi rt) ? Yes No 10. Is the project a Brownfield Activity? - Yes No 11. Did the local government provide the assistance (to Grant Loan the beneficiaries) in the form of a loan or a grant? Deferred, forgivable loan Housing Activities Only___ 12. If a loan, indicate: Interest Rate Monthly Loan Amount Amortization % $ Period in Months 13. List all other funds, along with the source, used to support the activities funded with this grant: Source Amount Local Funds (i.e., General Revenue) - $ Grant(s) $ Private Funds (i.e., Participating Party, etc. $ Loan(s) $ Other (Specify) $------- 14. Will the project result in program income? Program income earned but not expended Yes No before closeout must be returned to DCA. Make check payable to the Department of _ Community Affairs - CDBG Program and include it with the Closeout. • If program income has already resulted, indicate amount: $N/A 15. Hasa final Request for Funds been submitted? Yes No 16. Does the local qovernment have CDBG Funds on hand? (cannot exceed $5,000) If yes: $ No Section II. Service, Benefit, Public Facility and Infrastructure (To be completed by Commercial Revitalization or Neighborhood Revitalization grant recipients) 1. Service or Benefit Me., Water and Sewer Hookups) — N/A a. Number of persons with new access to this service or benefit b. Number of persons with improved access to this service or benefit T c. Number of persons now receiving a service or benefit that is no longer substandard - 2. Public Facility or Infrastructure Improvement (Water Tank Treatment Plant, Street Paving)____ a. Number of persons with new access to this type of public facili or infrastructure improvement T1�24 b. Number of persons with improved access to this type if public facility or infrastructure 1,624 improvement c Number of persons served b _public facility or infrastructure that is no longer substandard 1,624 Section M. Commercial Revitalization or Economic Development — NOT APLLICABLE *Recipients of Commercial Revitalization grants should only respond to items with an asterisk (*). *Number of businesses assisted with commercial facade treatment *Number of businesses assisted that provide goods or services to meet the needs of a service area, a neighborhood, or a community *Number of businesses assisted Number of new businesses assisted Number of existing businesses assisted Number of existing businesses expanding Number of existing businesses relocating Number of full-time positions created Number of full-time positions retained Number of full-time low/mod positions created Number of full-time low/mod positions retained Number unemployed prior to taking jobs created by this activity Number of jobs with employer -sponsored health care benefits T 2 t Section III. Commercial Revitalization or Economic Development (continued) Officials and Managers — - umber of Jobs created b type — - g —T-— -- - - - - - - Enter �n the spaces below then � y- -- Sales Operatives (semi -skilled) Professional Technicians (unskilled) Service workers Office and Clerical Craft workers (skilled) Laborers *For each business _assisted, enter the business name and DUNS #: Business DUNS # Business DUNS # Business DUNS # Business DUNS # --- ---. Business - — --- ,DUNS # Business DUNS # Business Section IV. Housing (To be completed by Housing Rehabilitation grant recipients) DUNS # Number of houses rehabilitated 09 Number of one -for -one replacements 05 Number of permanent displacements/relocations 00 Number of units occupied by the elderly 07 Number of units made handicapped accessible Number of units qualified as "energy star" 00 00 Number Number of units brought into compliance with lead safety requirements If applicable, number of beds created in overnight shelter or emergency housing 00 Did the activity involve rental housing? Yes No Did the rp�o'ect include: Installing security devices _ Yes T No • Installing smoke detectors Yes No Performing emergency housing repairs Yes No _ • Providing supplies and equipment for painting houses _ Yes No • Operating a Tool Lending Library - Yes No All Housing grant recipients must complete the Housing Benefit form HB 3 mo 0 N M U y 0 c r M O ° E } Z z J L Ln ) Z } v N 0O ON C)u E O U 'N IC) C: Li U O V. 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CLOSEOUT APPROVAL (12.07) I certify that, to the best of my knowledge, all activities undertaken by the Recipient with funds under this grant agreement have been carried out in accordance with the grant agreement, that proper provision has been made for the payment of all paid costs identified; that the State of Florida is under no obligation to make further payment to the Recipient under the grant agreement in excess of the amount identified on Line K of the STATUS OF ACCOMPLISHMENTS AND EXPENDITURES (12.07) form submitted with this closeout package; that every statement and amount set forth in this instrument is true and correct as of this date; that all required audits as of this date have been submitted and approved; and I acknowledge that the DCA reserves the right to recover any disallowed costs identified in an audit completed after this closeout. Chief Elected Official Signature Charles Grande, Chairman Name and Title Date For DCA use only: Approval of this Closeout Package authorizes the deobligation of unexpended CDBG contract funds in the amount of $, Division of Housing and Community Development DCA Finance and Accounting Section Name and Title Date 8 Name and Title Date ITEM NO. VI — F1 MOM COUNTY F LORI D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Utilities Department DATE: 05/25/2010 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: Laurie Waldie Utility Director Fairwinds Wastewater Treatment Plant Lift Station and Force Main project See attached memorandum FUNDS AVAILABLE: 479-3600-563000-3647 Infrastructure PREVIOUS ACTION: N/A (X) RECOMMENDATION: Board approval of the Fairwinds Wastewater Treatment Plant Lift Station and Force Main project, capital project summary for CIP10-033, and permission to advertise an Invitation to Bid for the construction of this project. COMMISSION ACTION: CONCURRENCE: () APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator County Attorney ( X ) 3-- Dan McIntyre Coordination/Signatures OMB Director (X) Budget Analyst Marie Gouin Robert O'Sullivan Originating Dept. ( X) y Purchasing ( ) Laurie Waldie 0" COUNTY, F L O R I D A TO: Board of County Commissioners 1 FROM: Laurie Waldie, Utility Director DATE: May 25, 2010 Utility Department MEMORANDUM SUBJECT: Fairwinds Wastewater Treatment Plant Lift Station and Force Main project ITEM NO. VI — F1 Background: The Florida Department of Environmental Protection wastewater permit (FLA013945) renewal dated January 23, 2006 requires that the Fairwinds Wastewater Treatment Plant be connected to a regional wastewater collection and treatment facility upon availability. With completion of the sixteen inch (16") force main by St. Lucie County Utilities within the Fort Pierce Utility Authority service area the wastewater collection system to the regional treatment facility is now available. The proposed lift station and six inch (6") force main are required to bridge the gap between the Fairwinds Wastewater Treatment Plant and the above mentioned sixteen inch (16") force main to meet the Florida Department of Environmental Protection requirement. The $150,000 needed for this project will be transferred from the North County WWTP Main Extension project. Recommendation Board approval of the Fairwinds Wastewater Treatment Plant Lift Station and Force Main project, capital project summary for CIP10-033, and permission to advertise an Invitation to Bid for the construction of this project. ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: Fairwinds Wastewater Treatment Plant Lift Station and Force Main PROJECT #: 103602 DEPARTMENT: Utilities DATE PREPARED: 3/19/2010 DIVISION: PROJECT MGR: Ray Murankus TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES x NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION / JUSTIFICATION:. Construct a lift station at the Fairwinds Wastewater Treatment Plant and a force main between the new lift station and the existing U.S. 1 force main in order to take the Fairwinds Wastewater Treatment Plant off line THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES=NO 0 CARRYOVER FY09-10 FY 09-10 FY 10-11 FY 11-12 FY12-13 FY13-14 5-YEAR FUNDING USES FROM FY 09 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 150,000 150,000 150,000 Buildings 0 0 Imp O/T Bldgs 0 AIPP 0 0 0 0 TOTAL: 0 150,000 150,000 0 0 0 0 150,000 FY09-10 FY 09-10 FY 10-I1 FY 11-12 FY12-13 FY13-14 5-YEAR FUNDING SOURCES & AMOUNTS NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Rates, fees and charges 150,000 150,000 150,000 0 0 0 0 TOTAL: 150,000 150,000 0 0 0 0 150,000 OPERATING IMPACT (Includes add'I personnel needs as well as any other FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Neededi 0 Estimated Operating Impacti 0 REMARKS: CAPITAL IMP REQ # : 10-033 ACCOUNT #: 479 — 3600 — 563000 — 103602 FRI. t 0 P OVN COUNTY F L O R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Utilities Department ITEM NO. VI — F2 DATE: 05/25/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Laurie Waldie Utility Director St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2008/2009 See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board of County Commissioners' adoption of Ordinances 04-023 creating the St. Lucie Water and Sewer District and approval of Resolution 09-152 adopting the FY 2007/2008 report. RECOMMENDATION: Board adoption of Resolution No. 10-154 ratifying and accepting the Fiscal Year 2008/2009 St. Lucie County Water and Sewer District Annual Comprehensive Report. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director ( ) �t 0i"I Budget Analyst Davie S. McIntyre Originating Dept. ( X) ?t' ERD Laurie Waldie couNTY F L Q R I D A TO: Board of County Commissioners FROM: Laurie Waldie, Utility Director DATE: May 25, 2010 Utility Department MEMORANDUM SUBJECT: St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2008/2009 ITEM NO. VI — F2 Background: In 2004, the Board of County Commissioners adopted Ordinance No. 04-023 creating the St. Lucie County Water and Sewer District ("District'). A requirement of the District, under Section 153.75, Florida Statutes, is preparation, acceptance and filing of a comprehensive annual report of the District Utility system. The Utility field review was completed in March and the Utility Financial Statements are not available until the first of April. The report is filed pursuant to Florida Statutes which requires filing at least once a year. Attached is the Annual Comprehensive Report of the District for Fiscal Year 2008/2009. Highlights of the report: • The one million gallon storage tank at Holiday Pines Water Treatment Plant was completed and put into service. • The customer base and purchased water have both increased due to the addition of water customers in Indian River Estates, however as the result of conservation efforts overall water consumption for the District is down. • The field inspection and evaluations of the various utility facilities were overall favorable. Some of the corrective maintenance items have already been completed and the remainder are in the process of being addressed. • The combined District revenue from all sources is 5.5%, or $276,707, less than FY08. • The Statement of Revenues, Expenses, and Changes in Fund Net Assets on page 24 indicates an operating loss, however depreciation is not an outlay of cash and as shown on the Statement of Cash Flows on page 26, Net cash provided by operating activities for the District was $1,068,164. Recommendation Board adoption of Resolution No. 10-154 ratifying and accepting the Fiscal Year 2008/2009 St. Lucie County Water and Sewer District Annual Comprehensive Report. RESOLUTION NO. 10-154 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, ACTING FOR ITSELF AND AS THE COMMISSION FOR THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; RATIFYING AND ACCEPTING THE ANNUAL COMPREHENSIVE REPORT OF THE DISTRICT FOR FISCAL YEAR 2008/2009; DIRECTING THE FILING OF SAID REPORTS WITH THE DISTRICT CLERK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the County Commission created the St. Lucie County Water and Sewer District ("District"); and WHEREAS, pursuant to Section 153.75, Florida Statutes, the District Board is required to cause to be prepared a comprehensive annual report of the District utility systems ("Annual Report"); and WHEREAS, the County, sitting as the District Commission, caused an annual report for the District for fiscal year 2008/2009 to be prepared and included said annual report as a component part of the County's Comprehensive Annual Financial Report filed with the State for fiscal year 2008/2009; and WHEREAS, by this Resolution, the County, sitting as the District Commission, intends to ratify and formalize delivery of the District Annual Report for fiscal year 2008/2009 from the District Commission to the County. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County , Florida, acting for itself and as the Commission for the District: Section 1. ACCEPTANCE OF ANNUAL REPORT. The District Board hereby ratifies and delivers the Annual Report for fiscal year 2008/2009, copy of which is attached to this Resolution, directs District staff to file such Annual Report with the County Clerk, acting for and on behalf of the District as the District Clerk, and the County ratifies and affirms acceptance of said Annual Report from the District. Section 2. EFFECTIVE DATE. This Resolution shall become effective upon adoption. Section 3. ADOPTION. After motion and second, the vote on this Resolution was as follows: Charles Grande, Chairman XXX Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ENACTED this day of , 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney BOARD OF COUNTY COMMISSIONERS May 25, 2010 ST. COUNTY LIUCI E 3 F L O R I D A Board of County Commissioners St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear County Commissioners: UTILITIES DEPARTMENT Please find attached the St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2008/2009. This report provides a status of activities, including financial, for the Utilities. Included in this report: Information regarding the Utility System, including the Utilities 2008/2009 accomplishments, Service Area map, organizational chart and 2008/2009 Fiscal Year Budget (pages 2-6). The approved Utility rates, fees and charges as of September 30, 2009 (page 8). Evaluation results of the physical inspection by St. Lucie County Utility Staff and Severn Trent Environmental Services, Inc. are shown in the Summary of Inspection and Assessment tables: Table 1-1 North County (Holiday Pines) Wastewater Treatment Facility; Table 1-2 North County (Holiday Pines) Water Treatment Plant; Table 1-3 North Hutchinson Island Wastewater Treatment Facility; Table 1-4 Lakewood Park Wastewater Treatment Facility; Table 1-5 Lakewood Park Water Treatment Plant (pages 10-19). Note: The Utility has addressed, or is in the process of addressing, the proposed corrective maintenance. 4. Sections from the St. Lucie County, Florida Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2009 pertaining to the Utility District (pages 18-30). The St. Lucie County Water and Sewer District is a Utility that is run and reported as an Enterprise Fund, or business -type entity. The rates, fees and charges are adopted to cover the cost of doing business, including any outstanding debt payments. The Utility coordinates with developers through the Standard Development Agreement to determine their water and wastewater needs and provides the means for the developer to turn that infrastructure over to the Utility; in this way, growth is expected to pay for growth. The Utility staff strives daily to provide quality service to their customers in the most efficient, effective and economical manner. As always, please call me at 462-1175 if you have any questions. Respectfully submitted, Laurie Waldie Utility Director CHRIS DZADOVSKY, Disrricr No 1 • DOUG COWARD D,smcr No. 2 • PAULA A LE,,IS D6rrCT No 3 • CH.ARLES (J3Ar:EF Dwr - No 4 • CHRIS CRAF Dsrrcr Nc 5 2300 Virginia Avenue • Fort Pierce, FL 34982 • Phone',772) 462-1150 • FAX (772) 462-1153 web sire: www.srlucieco.gov Fiscally Responsible _ ... A.. Water and Sewer District Annual Comprehensive Report Fiscal Year 2008/2009 ACCOMPLISHMENTS ♦ Increased customer connections in the Utility Service Area. ♦ Completed the downtown 16" forcemain. ♦ Updated the Utility website. ♦ Recognized April as Water Conservation Month in conjunction with SFWMD. ♦ Recognized the week of May IOth as Water Reuse Week. ♦ Became a member of the Groundwater Foundation helping to educate and motivate people about their groundwater through con- servation and limited chemical use. Completed the Holiday Pines Water Treatment Plant one - million gallon ground storage tank project and the disin- fection system change over from chlorine to chloramine. ♦ Continue to replace regular water meters with Auto- matic Meter Reading (AMR) radio read meters. The AMRs allow for quicker meter reading of the water system usage, and the AMR system will help the Utility detect possible leaks in a customer's plumbing. This helps conservation efforts with reduced water loss and minimizes large customer and non-use utility bills.. St. Lucie County Utilities History St. Lucie County Utilities was organized in 1994 and as a District in 2004. St. Lucie County Utilities established water and wastewater utility service areas on North and South Hutchinson Island and in the Mainland North County area. On North Hutchinson Island, the Utility provides potable water through a master metered interconnect with Fort Pierce Utilities Authority. The Utility owns and operates the North Hutchinson Island Wastewater Treat- ment Plant which provides reuse irrigation water on the island. In the North County Utility Area, the Utility owns and operates the Holiday Pines Water Treatment Facility and Wastewater Treatment Plant. These facilities were acquired by the Utility from the Holiday Pines Service Corporation in 1999. St. Lucie County Utilities also owns and operates the H.E.W. (Sampson Subdivision in Lakewood Park) Water Facility and Wastewater Treatment Plant. St. Lucie County Utilities also serves the South Hutchinson Island Wastewa- ter District for wastewater and reuse, with the service area extending from the Fort Pierce city limits south to the St. Lucie/Martin County line. The Utility owns, and operates, the South Hutchinson Island Water Reclamation Facility which provides reuse irrigation water on the island. St. Lucie County Utilities strives to bestow quality service and expertise to our customers. Utility customer service personnel answer calls proficiently during business hours and an after hours service handles emergency calls. Community Involvement St. Lucie County Utility Department employees continue to support our community by contributing to various organizations and have participated and/or organized food drives, books and school supplies for the children and supported numerous fund drives for various charities. , 7", N4 NOW14-N Z:,�, *-j (A 0 EL r4 0 000, 100 z 5 co Ai& lit ST. LUCIE COUNTY WATER & SEWER DISTRICT FISCAL YEAR 2008-2009 EXECUTIVE ASSISTANT UTILITIES SERVICES MANAGER EXECUTIVE ASSISTANT UTILITY BILLING SUPERVISOR SENIOR UTILITY CUSTOMER SERVICE SPECIALIST UTILITY CUSTOMER SERVICE SPECIALIST COUNTY I ADMINISTRATOR UTILITIES SERVICES DIRECTOR UTILITY FIELD SERVICES COORDINATOR SEVERN-TRENT CONTRACT OPERATIONS UTILITIES PROD. MANAGER NORTH HUTCHINSON III SOUTH HUTCHINSON WWI m WWTP NORTH COUNTY j AIRPORT WTP & WWTP WTP & WWTP H.E.W. FAIRWINDS WTP & WWTP WWTP UTILITIES PROJ. MANAGER 4 DEPARTMENT. WATER & SEWER DISTRICT 2005-2006 2006-2007 2007-2008 5 YEAR 2008-2009 % ACTUAL ACTUAL BUDGET FY09 BUDGET CHANGE General Fund 72,940 65,923 94,540 80,508 93,213 -1.4% Capital Projects Funds 831 0 16,122 0 0 -100.0% Enterprise Funds 7,711,173 8,237,699 17,026,108 13,300,765 16,218,225 -4.7% Departmental Revenues 0 0 0 0 0 N/A TOTAL: 7,784,944 8,303,622 17,136,770 13,381,273 16,311,438 4.8% APPROPRIATIONS: Personnel 561,772 638,285 857,597 708,248 723,338 -15.7% Operating Expenses 5,870,741 6,408,709 6,181,627 5,645,848 6,351,562 2.7% SUB -TOTAL: 6,432,513 7,046,994 7,039,224 6,354,0% 7,074,900 0.5% Capital Plan 831 0 6,004,839 1,320,000 4,743,639 -21.0% Capital -Other 0 0 61,430 85,620 6,000 -90.2% Debt Service 1,154,796 1,010,329 1,340,162 2,675,329 1,870,500 39.6% Other Uses 196,804 246,299 2,691,115 2,946,228 2,616,399 -2.8% TOTAL: 7,784,944 8,303,622 17,136,770 13,381,273 16,311,438 4.8% FTE POSITIONS: 10.33 10.33 10 10 10 St. Lucie County Water & Sewer District strives to provide it's customers with the highest quality product, water, wastewater and reuse, at the lowest possible cost with uncompromising customer service. The Water & Sewer District provides water, wastewater and reuse service to customers within the unincorporated areas of St Lucie County, which includes 27 miles of water transmission lines and 55 miles of wastewater lines and also include 4 Wastewater and 2 Water Treatment Plants. The service provided is accomplished in a cost efficient manner to maintain reasonable rates for our customers in a manner that does not compromise the quality of the product delivered or the service rendered. The Water & Sewer District works diligently with the residents of the County to plan, implement and provide the desired utility service. The Water & Sewer District assists other County Departments with utility planning, and utility related questions and problem solving. 1 Expansion of North County and Central County Utility Infrastructure. 2 Upgrade the Meter Reading System. 3 Connect 1500 new Water/Wastewater customers. 4 Provide the capability for "check by phone" payments. 5 Provide for Web based customer account access and payments online. Source: St. Lucie County Fiscal Year 2008-2009 Final Budget * Please not that the budgeted revenue and expenses includes all utilityfunds (Le., South Hutchinson Island Wastewater District) and not just the Water & Sewer District. 5 St. Lucie County Water & Sewer District Operating Indicators by Function/Program, Last Three Fiscal Years Function/Program 2007 2008 2009 Customer Base 5,473 5,952 6,311 Average calls per Month Gallons of Wastewater Treated' Water Consumption' (gallons) Reuse Produced (gallons) for consumption Gallons of Water Treated Purchased Water4 (gallons) :11 146,077,000 1,020 149,532,000 260,500,000 26%218,000 42,627,000 C�::�IZI 111 94,349,000 425931,000 271,323,000 228,316,000 1,215 14%459,000 250,100,000 97,064,000 355680,688 303,44300 Does not include information on the South Hutchinson Island Wastewater District. Z Only the NHI WWTP provides reuse to our customers. This Treated number includes all four of our WWTP. 3 The water consumption decreases from FY 2007 to FY 2009 reflects conservation efforts. The slight increase in water consumption for FY 2008 reflects the Indian River Estates water distribution system coming online and the customers starting to connect. 4 St. Lucie County purchases water through its bulk agreement with the Fort Pierce Utilities Authority. 2 District Rates at September 30, 2009 d % \®( m m /){ A /) 7 § 7 /\ � � } ( & ( LU m u �r§�u §»/[) .§k 2\°2§ �§ / �[(§) }k ;® �§ !» ;« .q �F- .LL ;w 8 System Inspection Information 0 • � N C 1p a p) 3 Y Y rS (YO � N C Y O `7 T C Y a a 7 m _N N 6 a L vai L y3-, a L t0 6L Y a C Y Y r0 u C a fu C Y a > Y ? T Y? Y L C� G f0 a a a a fA LAN Vi Q r0 N N E pp 'Q CL C �j N 41 ro N c a ro a Q' O a a >CU a N N N Q L au CL a I N u ` L au,F, u O O ~ p ~ O C Q v N Q uu M fl m O U a+ O E ,F Obo o3 a C v Y CL2 c o :° v a _ 3 CL Y w a a a Q O O c = -0 v N Y a a L O L. a m a a E C. >. 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The Utility covers the cost to provide the water, wastewater, and reuse services through its approved rates, fees, and charges. I_ Utility Revenue Sources FY09 Total Revenue Received - all Sources: $4,799,442 Reclaimed Water Usage Fees $133, 941 3% Sewer Usage Fees $1, 582, 778 33%_ Water Connection Sewer Connection Fees $105,300 Fees $3 7,738 Interest $76,278 2% ilk Utility Revenue Sources — Two Year Comparison Guaranteed Revenue $47,126 1% Miscellaneous Revenue $145,153 3% Water Usage Fees $ 2, 671,128 56% FY 08 FY09 Water Usage Fees $2,232,637 $2,671,128 Sewer Usage Fees 1,775,688 1,582,778 Reclaimed Water Usage Fees 151,957 133,941 Interest 137,078 76,278 Miscellaneous Revenue 331,081 145,153 Guaranteed Revenue 115,438 47,126 Water Connection Fees 225,574 105,300 Sewer Connection Fees 95,696 _ 37,738 5 056 149 4 779 442 SCLU W&S District Annual Comprehensive Report FY 2008/2009 21 ST. LUCIE COUNTY, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 The Honorable Joseph E. Smith Clerk of the Circuit Court Prepared By: Clerk of the Circuit Court, Finance Department Shai Francis, CPA, CGFO Finance Director 22 St. Lucie County, Florida Statement of Net Assets Proprietary Funds September 30, 2009 ASSETS Current assets: Cash and investments Restricted assets: Cash and investments -customer deposits Accounts receivable, net Interest receivable Due from other governments Inventories Total current assets Noncurrent assets: Restricted assets: Cash and investments -landfill closure Cash and investments -debt service Cash and investments -renewal and replacement Cash and investments -project funds Bond issuance costs, net Land Buildings and improvements Machinery and equipment Accumulated depreciation Construction in progress Total non -current assets Total assets LIABILITIES Current liabilities: Accounts payable and other current liabilities Matured bonds payable Matured interest payable Claims payable Deposits payable from restricted assets Due to other funds Capital lease obligations Bonds and notes payable, net Accrued compensated absences Unearned revenue Total current liabilities Non -current liabilities: Advances from other funds Liabilities payable from restricted assets Capital lease obligations Bonds and notes payable, net Accrued compensated absences Landfill closure liability OPEB liability Total non -current liabilities Total liabilities NET ASSETS Invested in capital assets, net of related debt Restricted for: Landfill closure Debt service Renewal and replacement Capital projects Unrestricted Total net assets Business -type Activities Bailing & North Recycling Golf County Facility Course Utilities $ 11,188,751 $ 1,000 $ 1,221,320 180,450 1,500 179,992 632,580 - 483,280 125,875 - 19,878 286,806 16 _ 62,050 83,936 _ 12,476,512 86,452 1,904,470 10,172,798 _ _ - - 1,205,673 - - 111,296 - - 413,638 ' 341,663 4,905,601 1,268,050 2,438,050 35,171,220 3,681,507 43,874,343 11,301,208 836,046 242,356 (21,467,038) (3,344,701) (7,573,662) ' - 884,294 40,083,789 2,440,902 41,937,651 52,560,301 2,527,354 43,842,121 590,733 35,166 626,063 - - 380,000 - - 277,588 180,450 1,500 179,992 - 68,057 _ - 1,929 2,455 - - 355,045 130,067 48,009 12,082 - 6,866 _ 901,250 161,527 1,833,225 - 4,740,404 - 9,890,598 - - - 4,152 5,375 - - 19,551,866 85,005 34,660 84 9,034,941 _ _ 165,258 47,216 26,139 19,175,802 4,826,432 19,583,464 20,077,052 4,987,959 21,416,689 29,910,991 2,434, 821 19,984,2 78 282,200 - _ - - 1,205,673 - - 111,296 - - 413,638 2,290,058 (4,895,426) 710,547 $ 32,483,249 $ (2,460,605) $ 22,425,432 The accompanying notes to financial statements are an integral part of this financial statement. 23 St. Lucie County, Florida Statement of Revenues, Expenses, and Changes in Fund Net Assets Proprietary Funds For the year ended September 30, 2009 Business -type Activities Operating revenues: Charges for services Miscellaneous revenue Total operating revenue Operating expenses: Salaries, wages and employee benefits Contractual services, materials and supplies Depreciation Total operating expenses Operating income (loss) Nonoperating revenues (expenses): Intergovernmental revenue Interest revenue Gain/(loss) on disposal of capital assets Interest expense Amortization expense Other Debt Service expense Paying agent fees Total nonoperating revenues (expenses) Income (loss) before contributions and transfers Capital Contributions Transfers in Transfers out Change in net assets Net assets -beginning of year Bailing & Recycling Facility North Golf County Course Utilities $ 11,285,719 $ 1,219,908 $ 4,452,764 68,948 165,864 107,307 11,354,667 1,385,772 4,560,071 2,647,891 930,580 489,458 12,431,813 766,364 3,050,916 2,282,378 199,537 1,217,650 17,362,082 1,896,481 4,758,024 (6,007,415) (510,709) (197,953) 1,287,972 4,087 20,055 459,244 1,538 76,278 (8,737) (105) (884,274) (6,221) — (120,950) — — (52,310) (700) — (877) 1,731,558 5,520 (962,078) (4,275,857) (505,189) (1,160,031) — — 12,693,462 7,000 — — (213,000) — (4,481,857) (505,189) 11,533,431 36,965,106 (1,955,416) 10,892,001 $ 32,483,249 $ (2,460,605) $ 22,425,432 The accompanying notes to financial statements are an integral part of this financial statement. 24 St. Lucie County, Florida Statement of Cash Flows Proprietary Funds For the year ended September 30, 2009 _ Business -type Activities Bailing & North Recycling Golf County Facility Course Utilities Cash flows from operating activities Cash received from customers Cash paid to suppliers $ 11,291,007 $ 1,222,197 $ 4,429,003 Cash paid to employees (9,304,317) (2,708,977) (689,287) (983,707) (3,226,555) (241,591) Other receipts (payments) 68,948 165,864 107,307 Net cash provided by (used for) operating activities (653,339) (284,933) 1,068,164 Cash flows from noncapital financing activities Proceeds from federal and state awards 1,287,972 4,466 20,055 Transfers in 7,000 Transfers out (213,000) — _ Advances from other funds — 275,000 _ Net cash provided by (used for) noncapital financing activities 1,081,972 279,466 20,055 Cash flows from capital and related financing activities Proceeds from sale of assets Capital Contribution Proceeds from bonds and notes payable Principal paid on capital debt Interest paid on capital debt Purchases of capital assets Bond paying agent fees and issuance costs Net cash used for capital and related financing activities Cash flows from investing activities Interest on investments Net cash provided by investing activities Net increase (decrease)in cash and investments Cash and investments at beginning of year Cash and investments at end of year Cash and investments classified as: Current assets Restricted assets Total cash and investments at end of year — — 12,693,462 — — 10,129,033 (305,000) — (9,978,500) (8,737) (105) (606,686) (931,249) — (14,149,044) (700) — (53,187) (1,245,686) (105) (1,964,922) 422,975 1,538 74,040 422,975 1,538 74,040 (394,078) (4,034) (802,663) 21,936,077 6,534 3,934,582 $ 21,541,999 $ 2,500 $ 31131,919 $ 11,188,751 $ 1,000 $ 1,221,320 10,353,248 1,500 1,910,599 $ 21,541,999 $ 2,500 $ 3,131,919 The accompanying notes to financial statements are an integral part of this financial statement. 25 St. Lucie County, Florida Statement of Cash Flows Proprietary Funds For the year ended September 30, 2009 Business -type Activities Bailing & North Recycling Golf County Facility Course Utilities Reconciliation of net operating income (loss) to net cash provided by (used for) operating activities Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided by (used for) operating activities: Depreciation Landfill closure expense Changes in assets and liabilities: Accounts receivable Due from other governments Inventories Accounts payable and accrued liabilities Claims payable Due to other funds Capital Lease Accrued compensated absences Deposits payable Unearned revenue Net cash provided by (used for) operating activities $ (6,007,415) $ (510,709) $ (197,953) 2,284,805 199,537 1,217,650 3,232,573 — — 210,720 1,768 (13,522) (207,432) — — 5,710 (81) — (170,910) (44,797) 68,041 — 68,057 - - 6,081 7,830 (3,390) (5,310) (15,333) 2,000 — 1,451 — 521 — $ (653,339) $ (284,933) $ 1,068,164 The accompanying notes to financial statements are an integral part of this financial statement. 26 St. Lucie County, Florida Notes to Financial Statements (Continued) Year Ended September 30, 2009 NOTE 6 - RESTRICTED CASH AND INVESTMENTS Various bond covenants, resolutions and state regulations require that the County restrict cash and investments. Restricted cash and investments are as follows: Governmental Activities _ Business -type Activities Nonmajor Bailing & North Nonmajor General Governmental Recycling Golf County Enterprise Assets Fund Fund Facili Course Utilities Funds Total Landfill closing costs $ - $ $ 8,662,093 $ $ $ $ Landfill postclosure - - 1,508,026 8,662,093 C&D Processing Facility - - 2,679 - 1,508,026 Customer deposits 25,609 85,360 180,450 1,500 179,992 19,038 2,679 491,949 Debt service - Renewal and Replacement - - - - 1,205,673 - 1,205,673 Project costs - - - 111,296 81,120 192,416 Total - - 413,638 413,638 $ 25,609 $ 85,360 $ 10,353,248 $ 1,500 $ 1,910,599 $ 100,158 $ 12,476,474 Liabilities payable from restricted assets are as follows: Governmental Activities Business -type Activities Nonmajor Bailing & North Nonmajor General Governmental Recycling Golf County Enterprise Liabilities Fund Fund Facility Course Utilities Funds Total Landfill closing costs $ - $ - $ 8,662,093 $ $ $ $ 8,662,093 Landfill postclosure - - 1,225,826 - C&D Processing Facility - 2,679 - 1,225,826 Customer deposits 25,609 85,360 180,450 1,500 179,992 19,038 2,679 491,949 Total $ 25,609 $ 85,360 $10,071,048 $ 1,500 $ 179,992 $ 19,038 $ 10,382,547 27 St. Lucie County, Florida Notes to Financial Statements (Continued) Year Ended September 30, 2009 The County has general obligation, revenue, and special assessment bonds outstanding at year end. Payments on the general obligation and revenue bonds are made by the debt service funds. Revenue notes such as: South County Regional Stadium, Tourist Development Tax Revenue, Rock Road Jail Security, Fairgrounds, and both special assessment bonds are paid from debt service funds. The Parks Referendum line of credit, Port Deepening, and MSBU interim line of credit are paid from special revenue funds. Also, the Energy Efficiency Revenue Note and two capital leases are paid from the General Fund. The water and sewer debt includes the following issues: 1. The $5,840,000 Holiday Pines Water and Wastewater System Revenue Bonds, Series 1999 was issued with a bond issuance cost of $268,329 and a bond discount of $122,901. As of September 30, 2009, the unamortized amounts are $160,013 for the bond issuance costs and $74,553 for the bond discount. 2. The $5,560,000 North Hutchinson Island Water and Sewer Revenue Refunding Bonds, Series 1997 was issued with a bond issuance cost of $202,607, a bond discount of $90,876, and a deferred amount on refunding of $574,123. As of September 30, 2009, the unamortized amounts are $84,332 for the bond issuance costs, $36,261 for the bond discount, and $238,969 for deferred amount on refunding. 3. The $1,710,000 North Hutchinson Island Water and Sewer Revenue Bonds, Series 2002 was issued with a bond issuance cost of $144,348 and a bond discount of 18,550. As of September 30, 2009, the unamortized amounts are $97,319 for the bond issuance costs and $12,339 for the bond discount. 4. The $10,035,000 Improvement Refunding Revenue Note, Series 2009A was issued on June 30, 2009. This issue was used to pay off the $10,000,000 line of credits, which matured on July 1, 2009. The Clean Water State Revolving Fund Loan Agreement was executed June 29, 2009. The maximum amount of the Loan is $486,186 which includes $470,167 to be disbursed to the County and $16,000 of Capitalized interest. The loan service fee is estimated at $9,403 for the loan amount authorized. As of September 30, 2009, $94,033 has been authorized and drawn on this loan. This is a low interest loan through the State of Florida Department of Environmental Protection to provide Local Governments the funds to plan, design and construct wastewater pollution control facilities. B. Schedule of Outstanding Debt The following is a schedule of bonds outstanding at September 30, 2009: 28 St. Lucie County, Florida Notes to Financial Statements (Continued) Year Ended September 30, 2009 Amount Amount Interest Business -type Activities: Purpose of Issue Issued Outstanding Rates Revenue Bonds: Holiday Pines Water and Wastewater Acquiringplant and System Revenue Bonds, Series 1999 plant expansion North County Utilities Water and sewer Improvement Rev Note, Series 2009A expansion North Hutchinson Island Water and Sewer Refunding 1992 bonds Revenue Refunding Bonds, Series 1997 North Hutchinson Island Water and Sewer Plant expansion Revenue Bonds, Series 2002 Total Revenue Bonds Less: Premiums/Discounts/Deferred Amounts on Refunding Total Revenue Bonds _Notes Pavable Clean Water State Revolving Fund Loan Agreement WW726130 Total Notes Payable Canital Lease: Master Equipment Lease Comp uters/Servers Total Capital Lease Total Outstanding Debt — Business -type Activities C. Debt Service Requirements $ 5,840,000 $ 4,730,000 3.40%-550% 10,035,000 10,035,000 3.57% 5,560,000 3,960,000 3.65%-5.70% 1,710,000 1,450,000 3.00%-5.00% GU,1 "/5,000 (362,122) 19,812,878 94,033 94,033 1,070,000 32,953 4.24%/5.12% 32,953 $ 19,939,864 The following schedule shows debt service requirements to maturity for the County's governmental activities obligations: Fiscal General Year Obligation Bonds Revenue Bonds Revenue Notes Principal Interest Principal Interest Principal Interest 2010 $ 1,595,000 $ 220,896 $ 5,250,000 $ 4,883,025 $ 4,453,582 $ 1,259,046 2011 1,660,000 152,460 4,840,000 4,704,706 2,941,014 1,124,425 2012 215,000 79,758 5,025,000 4,525,999 3,051,315 1,014,000 2013 225,000 68,363 5,205,000 4,335,643 2,898,589 898,973 2014 240,000 56,438 5,435,000 4,109,488 2,597,180 796,750 2015-2019 810,000 88,685 23,085,000 17,043,877 14,369,564 2,453,006 2020-2024 - - 26,485,000 11,308,803 4,064,954 527,141 2025-2029 19,340,000 5,508,981 149,638 18,443 2030-2034 13,250,000 1,566,716 - - Total $ 4,745,000 $ 666,600 $ 107,915.000 $ 57,987,238 $ 34,525,836 $ 8,091,784 W St. Lucie County, Florida Notes to Financial Statements (Continued) Year Ended September 30, 2009 Fiscal Special Assessment Year District Bonds Capital Leases Total Principal Interest Principal Interest Principal Interest 2010 $ 7,821 $ 392,812 $ 406,665 $ 69,774 $ 11,713,068 $ 6,825,553 2011 8,268 392,352 425,609 56,472 9,874,891 6,430,415 2012 8,741 391,866 336,740 42,493 8,636,796 6,054,116 2013 9,241 391,351 245,778 32,237 8,583,608 5,726,567 2014 9,770 390,807 215,571 22,838 8,497,521 5,376,321 2015-2019 2,640,067 1,686,143 419,792 23,939 41,324,423 21,295,650 2020-2024 3,910,000 1,017,425 - - 34,459,954 12,853,369 2025-2029 1,130,000 102,975 - 20,619,638 5,630,399 - - 13,250,000 1,566,716 2030-2034 - - Total $ 7,723,908 $ 4,765,731 0 $ 2,050,155 $ 247,753 $ 156,959,899 $ 71,759,106 The following schedule shows debt service requirements to maturity for the County's business -type activities obligations: Fiscal Water and Sewer Clean Water State Year Revenue Bonds Revolving Loan Capital Leases Total Principal Interest Principal Interest Principal Interest Principal Interest 2010 $ 395,000 $ 895,714 $ - $ - $ 10,403 $ 900 $ 405,403 $ 896,614 2011 415,000 874,973 29,629 3,467 10,702 599 455,331 879,039 2012 435,000 853,883 31,848 1,248 7,008 289 473,856 855,420 2013 465,000 830,847 32,556 541 3,210 133 500,766 831,521 2014 10,520,000 806,044 - - 1,630 27 10,521,630 806,071 2015-2019 2,850,000 1,979,519 - - 2,850,000 1,979,519 2020-2024 2,790,000 845,481 - - 2,790,000 845,481 2025-2029 2,100,000 396,444 - - 2,100,000 396,444 2030-2034 205,000 15,500 - - 205,000 15,500 Total $ 20,1759000 $7,498,405 $ 94,033 $ 5,256 $ 32,953 $ 1,948 $ 20,301,986 $7,505,609 D. Bond Covenants Bailing and RecyclingF_acility The Solid Waste System Revenue Refunding Bonds, Series 2002, requires the landfill to deposit monthly into the sinking fund; one -sixth of the interest becoming due on the next interest date, one -twelfth of the principal becoming due on the next principal maturity date, and one -twelfth of the maturity amount of compounding interest becoming due on the next principal maturity date, plus one -twelfth of the amortization for any term bonds becoming due in the current year. The County has agreed on the above bonds to establish and maintain rates that will provide for 115% of the debt service requirement and 100% of the operating expenses and the reserve account credit facility costs, if any, during the year. The following table indicates the degree of compliance with the bond resolution covenants in the Bailing and Recycling Facility Fund at September 30, 2009. 30 ITEM NO. VIII DATE: 05/25/10 AGENDA REQUEST REGULAR ( X ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENTSENTED BY: ( ) TO: BOARD OF COUNTY COMMISSIONERS Charlotte Lombard SUBMITTED BY: Planning & Development Services/Tourism Tourism Coordinator SUBJECT: TDC Capital Funding for National Navy UDT-SEAL Museum BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 362-5210-546200-500 Board approval for staff recommendationtions for on March D23, 2010 expansion project and present to TDC fore Board consideration of the TDC's recommendation to enter into a grant agreement with the National Navy UDT-SEAL Museum to provide TDC capital funds FY10 and the entire FY2011 for an estimated amount generated in the remaining fully fund the UDT-SEAL expansion project of $193,528 or Board consideration to in the amount of $400,000. PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED OTHER ( Board directed TDC staff to work with Faye W. Outlaw, MPA the Museum to bring back a proposal County Administrator in two weeks with instruction to limit it to $400,000.00. of funding. CoordinationlSignatures OMB Director ( ) County Attorney ( ) Budget Analyst arie Gouin Dan McIntyre Patty Marston f ( ) Originating Dept. ( ) Mark tterlee/ ERD n/a Charlotte Lombard Planning & Development Services MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee FROM: Charlotte Lombar Planning & Develo ent Services/Tourism DATE: May 25, 2010 SUBJECT: TDC Capital Funding for National Navy UDT-SEAL Museum ITEM NO. Vill Background: On March 23, 2010 the Board unanimously approved to fully fund the Backus Gallery and Museum project in the amount of $300,000, fully fund the Heathcote Botanical Garden project in the amount $148,720 and allocate $8,000 for the renovation of the TDC visitors center. Total funds allocated was $456, 720. On March 23, 2010, the Board directed staff to review and consider bonding future TDC capital funds to fund the National Navy UDT-SEAL Museum's $400,000 expansion project and present to the Tourist Development Council for recommendation. It was determined by staff that bonding the funds was not a feasible option due to the prohibitive costs of issuance and interest. Two other options were presented to the TDC for recommendation: 1. The SEAL Museum borrows the funds on the basis of an agreement that the TDC capital funds are used to reimburse the Museum for payments on the loan. 2. Provide the SEAL Museum with the balance of the FY2010 capital funds and the projected FY2011 capital funds; approximately $193,528. The SEAL Museum then borrows the remaining funds on the basis of an agreement that the TDC capital funds are used to reimburse the Museum for payments on the loan. The TDC unanimously voted to fund the SEAL Museum through FY2011 or in the amount of an estimated $193,528. The TDC expressed concerns about committing TDC capital funds for four years. Recommendation Board consideration -of the TDC's recommendation to enter into a grant agreement with the National Navy UDT-SEAL Museum to provide TDC capital funds generated in the remaining FY2010 and the entire FY2011 for an estimated amount of $193,528 or Board consideration to fully fund the UDT- SEAL expansion project in the amount of $400,000. t ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Wednesday May 12, 2010 012:30 P.M. MINUTES Members present: Councilwoman Linda Bartz, City of Port St Lucie Commissioner Tom Perona, City of Fort Pierce Christopher Egan, Vistana's Beach Club — Sheraton PGA Jill Hanson, Residence Inn by Marriott Marilyn Minix, Road Runner Travel Resort Michelle Valvano, Perfect Drive Golf Villas Pam Haney, Holiday Inn Express Members absent: Commissioner Doug Coward, Chairman 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 Michael Brillhart, St Lucie County Maria Gouin, St Lucie County Also present: Jack Connolly, Art in Public Places Loretta Millan, St. Lucie County Chamber of Commerce Catherine Matos, Homewood Suites George Byfield, Comet Creative Erica Byfield, Comet Creative Carla Scheifele, Hilton Gardens Inn Debbie Denning, Cleaning Concepts & More Kelly & Joe Holiday, St. Lucie Prof. Art League Tom Colucci, Treasure Coast Sporst Commision Rich Nalbandian, Treasure Coast Sports Commision Buzz Smyth, Economic Transformation Team of Ft. Pierce Jo Seiler, Hampton Inn & Suites Craig Mundt, National Navy UDT-Seal Museum Maria Bordonaro, Club Med 1. CALL TO ORDER: Councilwoman Linda Bartz called the meeting to order at 12:36 p.m. 2. ROLL CALL: Jennifer Garrity called roll. Tourist Development Council Meeting 0 March 10, 2010 3. SELF INTRODUCTION OF GUESTS: Attending guests identified themselves. 4. APPROVAL OF MINUTES The minutes from April 10, 2010 were approved unanimously. 5. FINANCIAL a. Charlotte Lombard reported that the March 2010 numbers were $315,083.00 which is up 13% from March 2009. Down 3% year to date from this time last year. b. Expenditure report, please see attached. 6. SPORTS TOURISM UPDATE Tom Colucci gave a presentation on the sporting events that are taking place on the Treasure Coast. Please see attached presentation. 7. SPRING TRAINING 2010 PROMOTION FOLLOW UP Charlotte Lombard and Erika Byfield gave a presentation on the 2010 Spring Training Promotion. Discussion ensued. Please see attached presentation. 8. MONROE COUNTY VS. PRICELINE.COM LAWSUIT Katherine MacKenzie -Smith discussed the Monroe County vs. Priceline.com Lawsuit. Most of the counties in the State of Florida are participating in a class action lawsuit. The County has the option to opt out of the suit. Marilyn Minix made a motion to stay in the lawsuit. Michele Valvano second the motion. Unanimously approved. 9. CAPITAL GRANT UPDATE Charlotte Lombard gave an update on the grant applications. Backus Museum and Heathcote both have contracts in hand. There were two options presented for the National UDT Navy Seal Museum. Option one, SEAL Museum borrows the funds on the basis of an agreement that the TDC capital funds are used to reimburse the Museum for payments on the loans. Option two, provide the SEAL Museum with the balance of the FY10 capital funds and the projected FY11 capital funds; approximately $193,528.00. The SEAL Museum then borrows the remaining funds on the basis of an agreement that the TDC capital funds are used to reimburse the Museum for payments on the loan. Members of TDC expressed concerns about committing capital funds for four years. Mr. Perona made a motion to recommend the Board of County Commissioners fund Page 2of3 Tourist Development Council Meeting 0 March 10, 2010 the National Navy UDT Seal Museum only through 2011. Michelle Valvano seconded the motion. Unanimously approved. 10. PUBLIC COMMENT Betty Jean Andrianoff from the Steam Locomotive Association spoke about a Steam Locomotive bringing brought to their Fort Pierce location. Mrs. Holiday spoke of the Professional Art League Art Show at the Port St. Lucie Civic Center. 11. ADJOURNMENT The meeting adjourned at 2:14 P.M. Page 3 of 3 ITEM NO. Vul TO: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: AGENDA REQUEST REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Lombard Planning & Development Services/Tourism Tourism Coordinator TDC Capital Funding for National Navy UDT-SEAL Museum See attached memorandum. 05/25/10 (X) FUNDS AVAILABLE: 362-5210-546200-500 PREVIOUS ACTION: Board approval for staff to determine funding options for UDT-SEAL expansion project and present to TDC for recommendation on March 23, 2010. RECOMMENDATION: Board consideration of the TDC's recommendation to enter into a grant agreement with the National Navy UDT-SEAL Museum to provide TDC capital funds generated in the remaining FY10 and the entire FY2011 for an estimated amount of $193,528 or Board consideration to fully fund the UDT-SEAL expansion project in the amount of $400,000. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney ( ) ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director ( ) Budget Analyst Dan McIntyre Originating Dept. ( ) ERD Mark Satterlee/ Charlotte Lombard Marie Gouin Patty Marston n/a MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org lt�ttijltatat�l�ttu�kstu�tia��lu>�tl��u�t��al� Chris Dzadovsky, Chairman District No.1Irtr�uaf�wu Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 MMMUMMMnMUluM Chris Craft District No. 5 uu I• MINUTES Approve the minutes from the May 11, 2010 meeting. If. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 33 and 34. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal need a record of the Proceedings and for such purpose may need to ensure that a verbatim record of Proceedings aoceedi gs is�made. y the B the at these meetings will the proceedings, individuals testifying during a hearing will be swom in. Any party to the Proceedings g or request of -any party to individual testifying during a hearing upon request. Anyone with a disability prdation to swill end t ranted the opportunity to a St. Lucie Co any Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior tto the meetingting should contact the St Lucie County MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 11, 2010 Convened: 10:01 a.m. Adjourned: 10:02 a.m. Commissioners Present: Chris Dzadovsky, Chairman, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Mark Satterlee, Growth Management Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the April 27, 2010 meeting. It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the April 27, 2010 meeting, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Craft to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 31 and 32. The Board approved Warrant List Nos. 31 and 32. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court EROSION CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 11, 2010 Convened: 10:02 a.m. Adjourned: 10:03 a.m. Commissioners Present: Chris Craft, Chairman, Paula A. Lewis, Doug Coward, Chris Dzadovsky, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Mark Satterlee, Growth Management Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the April 27, 2010 meeting. It was moved by Com. Grande, seconded by Com. Lewis, to approve the minutes of the April 27, 2010 Meeting, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 31 and 32. The Board approved Warrant List No. 31 and 32. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 05/14/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #33- 08-MAY-2010 TO 14-MAY-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 27,155.01 GRAND TOTAL: 27,155.01 PAGE 1 PAYROLL 34,505.19 34,505.19 05/21/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #34- 15-MAY-2010 TO 21-MAY-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 45,913.77 145123 EPA-SJRWMD-Queens & Spoil Island SL 14,248.80 145832 SFWMD Indian River Lagoon Lic 2009 14,248.80 GRAND TOTAL: 74,411.37 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org tiliiiigfi�i�iriq�{Itt�tlt{riiit�ucuii�ff�i�Nuitliilitll�iiTifi1111illr�iutafirfi�ilf�liiil{i ' �ilNNil�iiiiiipNi##Iill�iUiiiiitiitii Burl 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 irllili iN r�tH i hill il�iiilii<il IlfF#iliHi it#itiiii� rffiti�N1 l ii181iliEii li{1i�ii[ tliiilEii� 111fimm MINUTES Approve the minutes from the May 11, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 33 and 34. B. PUBLIC WORKS Artificial reef grant application Consider staff recommendation to approve of an artificial reef construction grant application to the NOAA-FishAmedca Foundation Community Based Restoration Program for $70,000. 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 ac oommodation 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. 05/14/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR FUND TITLE WARRANT LIST #33- 08-MAY-2010 TO 14-MAY-2010 FUND SUMMARY- EROSION 184 Erosion Control Operating Fund GRAND TOTAL: EXPENSES 12,405.56 12,405.56 PAYROLL 4, 966.40 4,966.40 05/21/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #34- 15-MAY-2010 TO 21-MAY-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 8.20 GRAND TOTAL: 8.20 PAGE 1 PAYROLL 0.00 0.00 AGENDA REQUEST ITEM NO. III-B DATE: 5/25/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: EROSION DISTRICT BOARD PRESENTED BY: Donald B. West SUBMITTED BY: Public Works - Administration Public Works Director SUBJECT: Artificial reef grant application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 184-3710-563000-39003, Erosion District -Artificial Reefs -Infrastructure. 184-3710-563005-39003, Erosion District -Artificial Reefs -Consulting Engineer. PREVIOUS ACTION: N/A RECOMMENDATION: Erosion District Board approval of an artificial reef construction grant application to the NOAA-FishAmerica Foundation Community -Based Restoration Program for $70, 000. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( X ) Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sia natures OMB Director Budget Analyst (X) Originating Dept. ( X ) ERD ( ) Donald B. West Marie Gouin Public Works Administration MEMORANDUM TO: Erosion District Board FROM: Donald B. West, Public Works Director DATE: May 25, 2010 SUBJECT: Artificial Reef Grant Application ITEM NO.: III-B Backaround: The FishAmerica Foundation — N.O.A.A. Community Based Restoration Program grants up to $70,000 to projects that support significant restoration efforts that are focused on marine, estuarine, and riparian habitats. Projects should emphasize a hands-on, grassroots approach. St. Lucie County's Artificial Reef Program has deployed 19 artificial reefs that help support growth and survival of numerous regulated fish species that are experiencing overfishing and are threatened by habitat degradation, including but not limited to snook, gag, and Goliath grouper. The proposed artificial reefs and oyster reefs would complement other fish habitat in the area and would benefit species that use both inshore and offshore habitats during their life history. The $70,000 requested from the Community Based Restoration Program will pay for construction, transportion, and deployment of 30 artificial reef modules. A $600 match to the construction grant will be used to pay for oyster reef material (fossilized oyster shell, bagging materials) costs. A $34,000 match will be provided by the Artificial Reef Program to help pay for two additional artificial reef deployments. $7,870 in County funds will be used to pay for annual monitoring over 2 years. Monitoring costs may be reduced by as much as $7,870 by a Florida Fish and Wildlife Conservation Commission artificial reef monitoring grant. Volunteers will be used to create oyster bags for 1,000 square feet of oyster reef in the Indian River Lagoon, deploy ten 100 square foot oyster reefs in five different locations, and to conduct pre -deployment dives for the two artificial reef deployments offshore. Funds will come from Account 184-3710-563005-39003, Erosion District -Artificial Reefs -Consulting Engineer and 184- 3710-563000-39003, Erosion District -Artificial Reefs -Infrastructure. Recommendation: Erosion District Board approval of an artificial reef construction grant application to the FishAmerica Foundation — N.O.A.A. Community Based Restoration Program for $70,000.