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HomeMy WebLinkAboutAgenda Packet 10-26-2010himiffln tiiiti i tiitiiiiiiii M161ii UM1i1f[fi`Ciim,iii6 nffMii38iUM1M6iiffl1iiiM,M"tii1i un1i October 26, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 10/22/2010 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. October 26, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org 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 Minutes from the October 19, 2010 meeting will be placed on the November 9th agenda for approval. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-256 — "Alzheimers Disease Awareness Month" in St. Lucie County Consider staff recommendation to adopt Resolution No. 10-256 as drafted. B. Save the Chimps Video and Street Sign Presentation V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 56 and 4. B. COUNTY ATTORNEY Donation of Right -of -Way - 50 feet on St. Lucie Boulevard - Airport Park of Commerce - Resolution No. 10-287 Consider staff recommendation to accept the Special Warranty Deed subject to the Phase 1 Environmental Site Assessment being acceptable to the County Attorney, authorize the Chairman to sign Resolution No. 10-287 accepting the Special Warranty Deed and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 2. St. Lucie County v. Florida Gaming Centers, Inc. — Permission to File Suit Consider staff recommendation to grant permission to sue Florida Gaming Centers, Inc. COUNTY ATTORNEY CONTINUED 3. Mutual Termination Agreement with H&D Construction and GCNA or Cortez Boulevard Culvert Project. Consider staff recommendation to approve the Mutual Termination Agreement with H&D Construction and GCNA. Request to have the Board approve an Interagency Agreement with the Florida Department of Juvenile Justice for the operations of the Juvenile Assessment Center for FY 10/11 Consider staff recommendation to approve the Interagency Agreement with the Department of Juvenile Justice (D.J.J.) for the operation of the JAC Center for FY 10/11. Since D.J.J. is a department of State Government, this Agreement can be approved without a RFP. Treasure Coast Research Park — Second Amendment to Implementing Agreement with St. Lucie County School Board for Conveyance of Sixty (60) Acres Consider staff recommendation to approve the proposed Second Amendment to the Implementing Agreement with the School Board of St. Lucie County, and authorize the Chairman to sign the Second Amendment. 6. Resolution No. 10-284 - Providing for Appointment of Liaisons to the Treasure Coast Education, Research and Development Authority from the City of Fort Pierce, the City of Port St. Lucie and St. Lucie County Considers staff recommendation to approve proposed Resolution No. 10-284, as drafted Neighborhood Stabilization Program - Authorization to File Quiet Title Suit on 7806 Palomar Street Consider staff recommendation to accept the proposal from Berman, Rennert, Vogel & Mandler, P. A., and authorize it to file suit on behalf of the County to quiet title for the property located at 7806 Palomar Street. Juanita Avenue Bridge Replacement - Sovereignty Submerged Lands Easement - BOT File No. 560235376 - Easement No. 41301 Consider staff recommendation to approve the Sovereignty Submerged Lands Easement, BOT File No. 560235376, Easement No. 41301, authorize the Chairman to execute the Sovereignty Submerged Lands Easement, direct staff to forward the Easement to the Florida Department of Environmental Protection for signature and record the Easement in the Public Records of St. Lucie County, Florida. Board of Trustees of the Internal Improvement - Trust Fund of the State of Florida (TIITF) Amendment Number One to Lease Number 4621 - Harbor Branch Preserve Consider staff recommendation to approve Amendment Number One to Lease Number 4621 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) for the Harbor Branch Preserve, authorize the Chairman to sign the Amendment and direct staff to return the Amendment to TIITF for further processing. B. COUNTY ATTORNEY CONTINUED 10. Street Name Change - Goldsmith Road to Carole Noon Lane - Resolution No. 10-288 Consider staff recommendation to approve the proposed street name change of Goldsmith Road to Carole Noon Lane, as shown on the attached map, direct staff to notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. 11. Approve a Third Amended Agreement between St. Lucie County and Satellite Tracking of People, LLC. (S.T.O.P.) in lieu of incarceration, this company provides Global Position Satellite (G.P.S.) electronic monitoring technology, enabling the County Pretrial Program to track criminal defendants and offenders via satellite. Consider staff recommendation to approve the Third Amendment to the June 22, 2007 Agreement. 12. Termination of Contract with CPL Systems, Inc. Consider staff recommendation to authorize the County Administrator to send a letter terminating the Contract with CPL Systems, Inc. C. SHERIFF'S OFFICE Authorization to accept the U.S. Department of Justice/Office of Justice Programs 2010 Bulletproof Vest Partnership Grant. Consider staff recommendation to approve Budget Resolution No. 10-286 and authorize the acceptance of the 2010 Bulletproof Vest Partnership Grant. D. TRANSPORTATION PLANNING ORGANIZATION Resolution No. 10-283, Budget Amendment Consider staff recommendation to approve Budget Resolution No. 10-283 in the amount of $695,208. E. HOUSING & COMMUNITY SERVICES Housing Division: 1. Subrecipient Agreement with Fort Pierce Housing Authority (FPHA) Consider staff recommendation to approve the Subrecipient Agreement with FPHA for the rehabilitation of rental properties under the Community Development Block Grant program, as outlined in the agenda memorandum and authorization for the Chairman to sign the documents as approved by the County Attorney. 2. Deed Transfer of 7408 Ocala Street Consider staff recommendation to approve the transfer of 7408 Ocala Street to Fort Pierce Housing Development, dba Fort Pierce Housing Development, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. E. HOUSING & COMMUNITY SERVICES CONTINUED Contract Cancellation Consider staff recommendation to approve to cancel contract C10-06-239 with Sunny South Construction, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. St. Lucie Habitat for Humanity Community Housing Development Organization Agreement Consider staff recommendation to approve of the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity Community Housing Development Organization, as outlined in the agenda memorandum and authorization for the Chairman to sign the agreement as approved by the County Attorney. F. PARKS & RECREATION SERVICES Palm Lake Park Open Space Rental Fees for the 2011 Fast Electric Nationals Consider staff recommendation to approve Wave Blasters of Florida's donation in lieu of $800 in open space rental fees for Palm Lake Park for the 2011 Fast Electric Nationals as outlined in the agenda memorandum. 2. Facility Use Agreement with St. Lucie Historical Society, Inc. Consider staff recommendation to approve of a Facility Use Agreement with the St. Lucie Historical Society, Inc. for operation of the St. Lucie County Regional History Center as approved by the County Attorney and authorization for the Chairman to execute the Agreement. G. MANAGEMENT & BUDGET Purchasing Division: 1. Fixed Asset Inventory -Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Form, from the capital asset inventory of the Clerk of Circuit Court. 2. Approval of Budget Amendment No. BA10-039 and Resolution No. 10-285 Consider staff recommendation to approve Budget Amendment No. BA10-039 and Resolution No. 10-285 to cover fiscal year 2010 insufficient accounts and to recognize unanticipated revenue. H. GRANTS/DISASTER RECOVERY U. S. Department of Energy, Energy Efficiency and Conservation Block Grant — Budget Resolution. Consider staff recommendation to approve Budget Resolution No. 10-261 to appropriate and expend funds in the amount of $2,941,500 from the U.S. Department of Energy, Energy Efficiency and Conservation Block Grant, Retrofit Ramp -Up and General Innovation Fund Programs for the creation and operation of an energy efficiency and retrofit program. CENTRAL SERVICES Award of Bid No. 10-062 — Hurricane Shutter Installation at Avenue C Health Department Consider staff recommendation to approve to award Bid No. 10-062 to A. Thomas Construction and authorization for the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. PUBLIC SAFETY & COMMUNICATIONS Certificate of Public Convenience and Necessity (CON) — Application for Class F for Golden Years Senior Care, Inc. Consider staff recommendation to approve the Emergency Medical Services Advisory Committee recommendation to approve Golden Years Senior Care, Inc. application for a Class F CON and authorization for the Chairman to sign documents as approved by the County Attorney. B. PLANNING & DEVELOPMENT SERVICES Ordinance 10-020 Evaluation and Appraisal Report -Based Amendments to the Comprehensive Plan Consider staff recommendation to approve the Evaluation and Appraisal Report -Based Amendments to the Comprehensive Plan (Ordinance No. 10-020). VIII. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees IX. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, October 26, 2010 at 1:30 p.m. in Conference Room #3. 2. St. Lucie County International Airport Day will be held on Saturday, October 30, 2010 from 9:00 a.m. to 1:00 pm. at the Missionary Flights International Hangar, 3170 Airmans Drive. For information please call 772-462-1789. 3. The November 2, 2010 Board of County Commissioners meeting has been canceled. 4. The November 9, 2010 Board of County Commissioners meeting will begin at 6:00 p.m. 5. County offices will be closed on Thursday, November 11, 2010 to observe Veteran's Day. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 16, 2010 at 9:00 a.m. in the County Commission Chamber. 6. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 23, 2010 at 1:30 p.m. in Conference Room #3. County offices will be closed on Thursday, November 25, 2010 and Friday, November 26, 2010 to observe Thanksgiving. 8. County offices will be closed on Thursday, December 23, 2009 and Friday, December 24, 2010 to observe Christmas. IX. ANNOUNCEMENTS CONTINUED The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, December 28, 2010 at 1:30 p.m. in Conference Room #3. 10. County offices will be closed on Friday, December 31, 2010 to observe New Years. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org Chris Dzadovsky, Chairman District No. 1 Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 MINUTES Approve the minutes from the October 12, 2010 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 55, 56, 3 and 4. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.org IIIll a##ilii 111111HIM 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 MINUTES Approve the minutes from the October 12, 2010 meeting. If. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 55,,and 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 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. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV -A DATE: October 26, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-256 - "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. Lucie County. BACKGROUND: Mary Barnes, with the Alzheimer's Community Care, Inc., and Ellen Brown with Alzheimers Association Southeast Florida Chapter have requested that this Board proclaim the month of November 2010 as "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. Lucie County, Florida. The attached Resolution No. 10-256 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-256 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, M PA County Administrator Review and Approvals [XI County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-256 A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER 2010 AS "ALZHEIMER'S DISEASE AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Alzheimer's disease is a progressive, degenerative brain disorder that causes loss of memory, impaired thinking, confusion, disorientation and death. 2. In the United States 5.3 to 8 million people have probable Alzheimer's disease, and every seventy (70) seconds another American develops the disease. 3. More than eight hundred twenty eight thousand (828,000) Floridians are caring for someone with dementia. 4. More than five hundred two thousand (502,000) Floridians have Alzheimer's disease or related disorders, including nine thousand four hundred thirty seven (9,437) in St. Lucie County. 5. Sixty-three (63%) percent of Alzheimer's care givers are at risk of dying before any other care giver caring for someone with a killer disease. 6. Sixty (60%) of all Alzheimer's patients will wander sometime during the disease process. 7. The safety and well-being of our Alzheimer's families living in our local communities is preserved, as well as their dignity and quality of life, and that services and resources are accessible to all cultures. 8. This Board extends its gratitude to those advocates and service providers who provide vital care and support, including Alzheimer's Community Care and the Alzheimer's Association Southeast Florida Chapter, who value the need for dementia -specific care, support the Alzheimer's families, and a cure for Alzheimer's patients. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of November 2010 as "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to learn more about Alzheimer's Disease and attend educational events that are free and open to the public during Alzheimer's Disease Awareness Month in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 26`h day of October 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 10/20/10 FZABWARR FUND TITLE 001 001113 001164 001190 001509 001510 001511 001512 001518 101 101002 101003 101004 101006 101112 102 102001 107 107001 107002 107006 107205 107206 129 130 130101 130102 130105 130204 130207 130210 130211 130212 140 140135 140355 183 183001 183006 185010 189102 315 316802 318 401 418 451 458 ST. LUCIE COUNTY - BOARD WARRANT LIST #56- 16-OCT-2010 TO 20-OCT-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant FTA Sec 5307 - Buses 05/06 US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program Section 112/MPO/FHWA/Planning Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FHWA FDOT Walton Road Widening Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Parks MSTU Fund SLC Public Transit MSTU FTA Operating and Capital Assist FTA 5307-ARRA 2009 Capital Projects FTA 5307-2 2009 Cap & Oper FDOT - Intermodal Facility Grant FDOT Fized Route Grant FDOT 5311 Block Grant FDOT Service Dev TCC US1 Route FCTD TRIP Grant Airport Fund FAA Security Fencing & Runway 9L/27 Security Fencing Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund FHFA SHIP 2008/2009 Home Consortium 2009 County Building Fund FIND Stan Blum Boat Ramp County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund EXPENSES 225,490.43 193,025.08 20,295.69 556.00 28,025.00 15,795.06 21,988.88 34,756.08 8.23 486.55 4,972.74 7,226.81 980.21 121,726.43 141,956.14 8,367.00 69,745.46 2,910.61 1,462.24 832.58 20,020.82 259.44 43,756.87 6,010.65 14,215.19 638.00 15,151.95 132,283.29 15,150.00 16,598.39 14,456.48 14,836.63 27,869.96 922.81 2,707.50 142.50 3,025.21 110.87 612.15 16,585.00 9,518.55 36,814.37 4,670.60 1,870.00 15,297.33 6,843.25 21,328.98 13,090.51 PAGE PAYROLL 8, 779.62 0.00 0.00 0.00 0.00 1,591.26 5,541.72 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 1 10/22/10 FZABWARR FUND TITLE 001 001113 001509 001512 001823 101002 101003 101004 102 102001 105 107 107003 107005 107006 140 140001 160 162 183 185010 190 310001 401 418 451 471 491 505 505001 611 630 655 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #4 - 21-OCT-2010 TO 22-OCT-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran US Dept of Housing CDBG 09 Neighborhood Stabilization Program INTACT Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Airport Fund Port Fund Plan Maintenance RAD Fund Tourism Dev-5th Cent Ct Administrator-19th Judicial Cir FHFA SHIP 2008/2009 Sports Complex Fund Impact Fees -Library Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Tax Deed Overbid Agency Fund Insurance Agency Fund Bank Fund GRAND TOTAL: EXPENSES 193,941.45 2,611.30 5,416.00 60.73 79.98 14,630.05 2,404.08 3,994.73 509.58 1,500.00 144.50 418,072.89 4,078.18 8,888.59 140.99 2,885.70 148.80 16,502.82 7,632.08 1, 903.44 6,074.35 747.97 2,058.00 18,712.06 1,870.31 236.58 4,899.75 195.25 650.17 852,541.80 1,436.30 3,990.68 94,726.87 27,727.53 1,701,413.51 PAGE PAYROLL 30, 126.60 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 30,126.60 1 'Ir AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Donation of Right -of -Way 50 feet on St. Lucie Boulevard Airport Park of Commerce Resolution No. 10-287 BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO. VI-B-1 DATE: October 26, 2010 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager June 13, 2006 - Board of County Commissioners approved the Airport Park of Commerce Major Site Plan, through the adoption of Resolution No. 06-163. June 15, 2010 - Board of County Commissioners approved Development Agreement DVA-10-001 between Airport Road Development, LLC and St. Lucie County. RECOMMENDATION: Staff recommends that the Board accept the Special Warranty Deed subject to the Phase 1 Environmental Site Assessment being acceptable to the County Attorney, authorize the Chairman to sign Resolution No. 10- 287 accepting the Special Warranty Deed and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: N APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] County Attorney:._ Daniel S. McIntyre [x] Originating Dept: -] MV JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Road and Bricl[x] Public Works: Don Paule�Ay/ Don t [x] Engineering: GQ� [x] County Surveyor:/ Craig Hauschild Ron Harris 5:\ACQ\WP\Right of Way Donations\Airport Park of Commerce\Agenda Request.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 26, 2010 SUBJECT: Donation of Right -of -Way 50 feet on St. Lucie Boulevard Airport Park of Commerce Resolution No. 10-287 BACKGROUND: On June 13, 2006, the Board of County Commissioners approved the Airport Park of Commerce Major Site Plan, through the adoption of Resolution No. 06-163. On June 15, 2010, the Board of County Commissioners approved Development Agreement DVA-10-001 between Airport Road Development, LLC and St. Lucie County. Condition Number 3.h. required the developer to dedicate 50' along its Northern boundary for additional right-of-way for St. Lucie Boulevard to St. Lucie County. We have attached the Special Warranty Deed executed by the Indco, LLC for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Special Warranty Deed subject to the Phase 1 Environmental Site Assessment being acceptable to the County Attorney, authorize the Chairman to sign Resolution No. 10-287 accepting the Special Warranty Deed and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager 5AACQ\WP\Ri9ht of Way Donations\Airport Park of Commerce\Agenda Memo.wpd DISCLAIMER Pregsarad by and return to: Richard D. Percic, Esq. Jeck, Harris, Raynor & Jones, P.A. 790 Juno Ocean Walk Suite 600 Juno Beach, FL 33408-1121 Telephone: 561746-1002 File Number. 13005.05000.sic Will Call Number: fSpace Above This Line For Recording Date] Special Warranty Deed This Special Warranty Deed is made this day of October, 2010, between Indco, LLC, a Florida limited liability company, whose post office address is 1736 Ocean Drive, Vero Beach, FL 32963, "Grantor" and Saint Lucie County, a political subdivision of the State of Florida, whose post office address is 2300 Virginia Avenue, Fort Pierce, FL 34992-5652, "Grantee": (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, limited liability companies, trusts and trustees) Witnesseth, that Grantor, for and in consideration of the stun TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, bas granted, bargained, and sold to Grantee and Grantee's successors and assigns forever, the following described land, situate, lying and being in Saint Lucie County, Florida, to -wit (the "Property"): The North 50 feet of the following described real property: The Northwest one -quarter (NW 1/4) of the Northeast one -quarter (NE 1/4) of Section 31, Township 34 South, Range 40 East, LESS the North 98 feet thereof, lying in Saint Lucie County, Florida. Parcel Identification Number: 1431-120-0000-000/6 ABSTRACTOR'S NOTES: 1. THE PROPERTY BEING CONVEYED HEREBY CONSISTS OF ONLY A PORTION OF THE REAL PROPERTY DESCRIBED IN THAT PARCEL IDENTIFICATION NUMBER SET FORTH ABOVE. 2. THE PROPERTY BEING CONVEYED HEREBY BY GRANTOR TO GRANTEE IS BEING CONVEYED AS ADDITIONAL RIGHT-OF-WAY FOR ST. LUCIE BOULEVARD PURSUANT TO THE TERMS AND CONDITIONS CONTAINED IN PARAGRAPH 3(h) OF THAT DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND AIRPORT ROAD DEVELOPMENT, LLC, REGARDING AIRPORT PARK OF COMMERCE MAJOR SITE PLAN RECORDED JULY 6, 2010, IN OFFICIAL RECORDS BOOK 3210, PAGE 448, OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. DoubleTlrnea And Grantor hereby covenants with Grantee that: (a) Grantor is lawfully seized of the Property in fee simple; (b) Grantor has good right and lawful authority to sell and convey the Property; and (c) Grantor hereby fully wan -ants the title to the Property and will defend the Property against the lawful claims of all persons claiming by, through or under Grantor. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: VW w - �t �tlii State of Florida County of Indian River Indco, LLC, a Florida limited liability company Mason Simpson, President This Special Warranty Deed is executed by R. Mason Simpson, as President of Indco, LLC, pursuant to that Memorandum of Limited Liability Company recorded December 12, 2008, in OMdal Records Book 3042, Page 1, of the Public Records of Saint Lucie County, Florida. Address: 1736 Ocean Drive Vero Beach, FL 32963 The foregoing instrument was acknowledged before me this _'J_ day of October, 10, by R. Mason Simpson, as President of Indco, LLC, a Florida limited liability company. R. Mason Simpson is personally known to me or L] produced a driver's license as identification. [Notary Seal] Notary Public DIANA L MANN Commission DD 811370 I a Expires October 27, 2012 t 'a pr n4t IrMM Thu Tm, Fan ft"M Y9a31�»19 Printed Name: D 4aa c 4 An Q n a My Commission Expires: I b /2-7 Ia 01 Z Spwlal Warranty Deed - Page 2 DoubleTlmO Florida, that: RESOLUTION NO. 10-287 A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Special Warranty Deed from Indco, LLC is duly accepted on behalf of St. Lucie County this 26"' day of October, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney 5AACQ\WP\Right of Way Donations\Airport Park of CommerceWesolution No. 10-287.wpd EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 SAINT LUCIE COUNTY FILE X 2912911 06/14/2005 at 03:07 PM OR BOOK 2635 PAGE 1482 - 1486 Doc Type: RESO RECORDING: $44.00 RESOLUTION NO. 06-163 FILE NO.: MJSP-05-011 A RESOLUTION GRANTING APPROVAL TO A MAJOR SITE PLAN PROJECT TO BE KNOWN AS AIRPORT PARK OF COMMERCE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Mason Simpson, presented a petition for a Major Site Plan Project, to be known as Airport Park of Commerce, to provide for the construction of a 32 lot subdivision, on a 37.85 acre parcel located on the south side of St. Lucie Boulevard, approximately one-half a mile west of North 251h Street, in the IL (Industrial, Light) Zoning District for the property described in Section B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served water and sewer services by the Fort Pierce Utility Authority (FPUA). File No.: MJSP-05-011 June 13, 2006 Resolution No. 06-163 Page 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Major Site Plan to be known as Airport Park of Commerce, is hereby approved as depicted on the site plan drawings for the project prepared by Thomas Lucido & Associates, PA., dated Ill2/05, last revised on 1/04/06, and date stamped received by the St. Lucie County Growth Management Director on 5/8/06, for the property described in Section B, subject to the following conditions. 1. Prior to recording of this resolution and issuance of any permits, a Final Development Order shall be obtained from the Director of Growth Management, or designee. Prior to issuance of said Development Order the Director of Growth Management shall determine that all conditions of approval and applicable code requirements are satisfied and shall: (a) Obtain comments from the appropriate county staff, legal staff, and other responsible agencies regarding the satisfaction of all applicable code requirements and conditions of approval. (b) Confer with the County Engineer, Public Works Department, Environmental Resources Department, and Utilities Department to determine the number of constructible engineering plans that shall be required to be submitted for review, and the applicant shall, following notification by the Director of Growth Management, submit the required number of plans to the Department of Growth Management for processing, distribution, and final action. (c) Require that a complete set sealed constructible final engineering plans, supporting calculations and survey data for the site work and offsite improvements are approved by the Office of the County Engineer, Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, Fire Department, and any other agency that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. (d) Shall evaluate project concurrency, and issue a certificate of concurrency upon his determination that all requirements for concurrency management have been satisfied in accordance with Chapter 5 of the County's Land Development Code. No Final Development Order will be issued without prior issuance of a Certificate of Capacity. File No.: MJSP-05-011 June 13, 2006 Resolution No. 06-163 Page 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. Prior to the recording of any Final Plat approval for the project, the applicant (aka Developer), successors, or assigns shall provide certain improvements to roadways required to address this projects impacts on the County's roadway network. The Developer shall enter into a Road Improvement Agreement with St. Lucie County for the proposed improvements to St. Lucie Boulevard. The improvements include, but are not limited to the following: (a) Left and right turn lanes designed to accommodate heavy trucks will be required at both project entrances on St. Lucie Blvd. (b) Five-foot bike lanes shall be constructed and dedicated to St. Lucie County in accordance with the St. Lucie County Public Works Standards. (c) A six-foot sidewalk shall be constructed along the project's property line and St. Lucie Boulevard right-of-way. (d) Upon conditional acceptance of the constructed improvements the developer shall enter into a Maintenance Agreement for a period of one year and thirty days. Maintenance Bond shall be 15% of the cost of construction. (e) If the improvements are to be bonded, an Engineers estimate of probable cost, Original Letter of Credit or Surety Bond, (total surety shall be for 115% of the cost of construction) is required. (f) The applicant shall provide security for the design and construction for signalization of Kings Highway and St. Lucie Boulevard, when warranted. The applicant, developer, successor is required to perform a signal warrant analysis conforming to FDOT requirements/standards for the intersection of King's Hwy and St. Lucie Blvd for signalization. The first signal warrant analysis for the Kings Highway and St. Lucie Boulevard intersection shall be conducted within 90 days of the Board of County Commissioners approval of this project or prior to Final Plat Approval, whichever occurs first. If signalization is not warranted, the warrant analysis shall be conducted, and submitted to the Growth Management Director, annually thereafter. Should a signal be warranted, the developer shall design and construct the signal improvements in accordance with FDOT and St. Lucie County requirements. 3. Prior to any Final Plat approval for this project, the developers shall be required to convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, 50 foot of additional right-of-way along the site plan's northern property line for the future widening of St. Lucie Boulevard. 4. Prior to the Final Plat approval, the developer, or his assigns, shall provide an executed copy of a final utility service agreement with Ft. Pierce Utility Authority, indicating all developer obligations, including schedules associated with servicing File No.: MJSP-05-011 June 13, 2006 Resolution No. 06-163 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 this site. 5. The irrigation system within this project shall be designed to accept reuse water from the Fort Pierce Utilities Authority, or other duly recognized utility authority or district, as the preferred method of irrigation. 6. Prior to recording of the plat, elevations and drawings demonstrating that the projects signage complies with the St. Lucie County Architectural Standards as set forth in Section 7.10.23 of the Land Development is required. 7. Lot 1, and Lots 22 thru 28 shall comply with the St. Lucie County Architectural Standards as set forth in Section 7.10.23 of the Land Development. The property owner's association documents shall include language regarding this requirement for the specified lots. A copy of the property owner's association covenants and restrictions shall be submitted to and approved by the Growth Management Director prior to recording of the plat for this project. B. The property on which this Major Site Plan approval is being granted is described as follows: The Northwest 114, of the Northeast'/4 of Section 31, Township 34 South, Range 40 East, Less the North 98 Feet lying in St. Lucie County Florida. (Tax ID#: 1431-120-0000-0006) (Location: South Side of St. Lucie Boulevard, approximately '/z mile west of North 251) C. This Major Site Plan shall expire on June 13, 2008, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B) (3), St. Lucie County Development Code. D. The Major Site Plan granted under this Resolution is specifically conditioned to the requirement that the petitioner, Mason Simpson, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. This Resolution shall take effect upon the date the Director of Growth Management issues a Certificate of Capacity, which shall be attached to the resolution as Exhibit A. File No.: MJSP-05-011 June 13, 2006 Resolution No. 06-163 Page 4 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 F. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward AYE Vice -Chairman Chris Craft AYE Commissioner Paula Lewis AYE Commissioner Frannie Hutchinson AYE Commissioner Joe Smith AYE PASSED AND DULY ADOPTED this 13th Day of June 2006. File No.: MJSP-05-011 June 13, 2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman . y„ APPROVED AS TO FORM - r A. +' b'.;. AND CORRECTNESS: COUNTY ATTO Resolution No. 06-163 Page 5 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY�:� PM FILE $ 3yg0753 07W20 o 403 Doc Type AGR OR BOOK 3210 PAGE 448 RECORDING. V71.50 DVA- 10-001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA AND AIRPORT ROAD DEVELOPMENT, LLC REGARDING AIRPORT PARK OF COMMERCE MAJOR SITE PLAN THIS DEVELOFAENT AGREEMENT ("Agreement") is made and entered as of this day of u0 , 2010, by and between the BOARD OF COUNTY COMMISSIONERS OF T. LUCIE COUNTY, FLORIDA ("County") and AIRPORT ROAD DEVELOPMENT, LL , a Florida limited liability company ("Developer") for the purpose of establishing and binding the development rights of the Developer for certain real property located within the unincorporated area of St. Lucie County, Florida as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"). This Agreement is also entered into by the County and the Developer for the purpose of providing assurances to the Developer that it may proceed with the development of the Property in accordance with existing laws and policies subject to the conditions of this Agreement; and ensuring that this Agreement is in compliance with applicable provisions of Section 163.3220 through 163.3234, Florida Statutes (2009) and the St. Lucie County Comprehensive Plan ("Comp Plan"). RECITALS WHEREAS, County and Developer recognize the following: A. This Agreement is entered in accordance with the Florida Local Government Development Agreement Act, Section 163.3220-163.3242, Fla. Stat. and Section 11.08.00 (Development Agreements) of the St. Lucie County Land Development Code. B. On June 13, 2006, Developer obtained Major Site Plan approval in Resolution No. 06-163 (the "Resolution") for a 32 lot (individually "Lot", more than one or collectively "Lots") commercial subdivision known as Airport Park of Commerce (the "Project") on approximately 37.85 acres of land located at 4551 St. Lucie Boulevard, approximately one mile west of North 25`h Street in the IL (Industrial, Light) Zoning District. A copy of the Major Site Plan, as amended in the site plan drawings prepared by Culpepper & Terpening Inc. and date stamped received by the Growth Management Department on December 3, 2008, is attached hereto and incorporated herein as Exhibit "B". Developer is now applying for an extension of the Major Site Plan approval (the "Application"). C. Developer has submitted a letter of authorization to the County signed by the owner of the Property, a copy of which is attached hereto and incorporated herein as Exhibit "C" ("Agent Authorization Letter") which authorizes the Developer to pursue the Application and to enter into this Agreement. D. In connection with the Application, Developer submitted an updated traffic impact study which identifies the Project's potential traffic impacts on the intersections at Kings Highway and St. Lucie Boulevard, and Kings Highway and Angle Road. Given the Project's unique and exclusive situation of being (1) adjacent to the St. Lucie International Airport, (2) a light industrial park (nonresidential) development, (3) proposed in a time of economic challenge in which light industrial inventory properties are essential to seed economic recovery and create jobs, (4) located in an area zoned for economic development, (5) previously approved by the Resolution before the implementation of the County's proportionate fair share Ordinance No. 06- 047 ("PFS Ordinance"), (6) now before the County for an extension of the approval after the PFS Ordinance was passed, (7) located on the road segment directly leading to, and within approximately a mile of, the impacted intersection at Kings Highway and St. Lucie Boulevard, (8) subject to a newly created proportionate fair share obligation of $272,351.00 to mitigate the Project's traffic impacts, the value of which far exceeds the Project's estimated maximum road impact fees of $129,045.00, and (9) subject also to a donation of an additional 50' of non -site related right-of-way to St. Lucie Boulevard along the front of the Property with a value of $167,538.00, which is also in excess of the estimated maximum road impact fees, the Developer and County have agreed to satisfy the Project's $272,351.00 proportionate fair share obligation by a combination of the $167,538.00 right-of-way donation and $104,813.00 in cash as further provided herein. E. In order to foster comprehensive and sound capital facilities planning and financing, to ensure the provision of adequate public facilities for development concurrent with the impacts of development, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the approval of development, County and Developer desire to establish by agreement the terms under which the Property may be developed. F. On May 11, 2010, after County publishing notice as required by the County's Land Development Code ("LDC") approximately seven days prior thereto, the first public hearing was held on this Agreement. At least 15 days prior to the opening of the first hearing, County mailed notice of intent to consider this Agreement to all property owners as reflected on the current years' tax roll, lying within 500 feet of the Property as required by the LDC. G. On June 15, 2010, County held the second public hearing on this Agreement, after publishing notice as required by the LDC, approximately seven days prior to the second hearing and after announcing at the first public hearing the day, time, and place of such second public hearing, as required by the LDC. NOW, THEREFORE, in consideration of the mutual covenants entered between the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: June 15, 2010 2 DVA-10-001 Accuracy of Recitals. The above recitals are true and correct. 2. Incorporation of Application Materials. The Major Site Plan approval, as amended, the Application and all submissions by Developer in support of such Application, including all traffic studies, are hereby incorporated by reference into the record of the proceeding conducted by County to review this Agreement and are hereby referred to as the "Application Materials". 3. Mandatory Provisions. a. Legal Description and Owner. An accurate legal description of the Property subject to the terms and conditions of this Agreement is described in the attached Exhibit "A". Indco, LLC, a Florida limited liability company, is the legal owner of the Property. There are no equitable owners, other than the Developer who is under contract to purchase the Property once all the development approvals have been obtained. b. Effective Date and Duration. This Agreement shall be effective on the date of its recording in the public records of St. Lucie County or 30 days after its receipt by the Florida Department of Community Affairs, whichever is later ("Effective Date"). This Agreement shall expire five (5) years after the Effective Date, unless earlier terminated as provided in Section 8 or extended as provided in Section 9. C. Uses Densities Intensities, and Height. Attached hereto and incorporated herein as Exhibit "B" is the Major Site Plan for the Airport Park of Commerce project depicting the proposed areas of development and the development uses permitted on the Property. Development of the Property shall not exceed 32 industrial/commercial lots, with the maximum lot coverage by buildings on each Lot being voluntarily restricted to 30% rather than the 50% allowed by the LDC, as reflected on the Minor Adjustment to the Major Site Plan that is included in Exhibit "B'; however, Developer or any owner of a Lot may seek adjustment of the Major Site Plan in accordance with Section 11.02.05 of the LDC without amending this Agreement so long as (1) such adjustment does not increase the projected traffic generation for the Project as identified in the applicable traffic studies submitted with the Application Materials; or (2) Developer or the owner of a Lot enters into a separate agreement with County to pay any increase in the Proportionate Fair Share, defined below, attributable to any increase in the projected traffic generation for the Project that June 15, 2010 3 DVA-10-001 d. results from any increased density on any particular Lot(s). The maximum height for any commercial/industrial building shall not exceed fifty feet. Future Land Use Map Designation. The land use designation of the Property under the future land use element of the Comp Plan is IND (industrial). e. Zonin . 9. The current zoning of the Property is IL (Industrial, Light). Site Plan. The Major Site Plan approved on June 13, 2006 in Resolution No. 06-163 and herein amended is attached as Exhibit "B". A Minor Adjustment to Major Site Plan is hereby approved as depicted on the site plan drawings prepared by Culpepper & Terpening Inc., dated December 1, 2005, and last revised on December 1, 2008, and date stamp received by the Growth Management Department on December 3, 2008. The minor adjustment restricts the maximum building coverage from the 50% allowed by the County's Land Development Code to a maximum building coverage of 30%. Adequacy of Public Facilities. Adequacy of public facilities is or will be met as follows: i. Drainage: All drainage facilities within the Project have been designed and will be constructed to meet St. Lucie County and South Florida Water Management District ("SFWMD") requirements. Developer has already obtained Fort Pierce Farms Water Control District ("FPFWCD") Permit No. 06-001-026, which was issued in January, 2008, and SFWMD Permit No. 56-02103-P, which was issued on May 14, 2007. ii. Potable Water: Potable water services will be provided by the Ft. Pierce Utilities Authority ("FPUA") pursuant to a Water and Wastewater Supply Agreement (the "FPUA Agreement"). June 15, 2010 4 DVA-10-001 iii. Sanitary Sewer: Wastewater treatment services will be provided by the FPUA pursuant to the FPUA Agreement. iv. Solid Waste: Sufficient capacity exists in the St. Lucie County Land Fill to service the demands of the Property. v. Parks: Sufficient capacity exists within all required level of service categories for the proposed number of industrial/commercial lots. vi. Mass Transit: There is no current transit route service programmed for the area where the development is located. vii. Roads: At the time of initial Major Site Plan approval, there was sufficient road capacity to serve the Property at the maximum densities and intensities approved in this Agreement, pursuant to the Developer's agreement to dedicate 50' of right-of- way along the project's boundary with St. Lucie Boulevard and to enter into a Road Improvement Agreement for the following improvements to St. Lucie Boulevard pursuant to the plans attached in the Application Materials: (a) Construction of left and right turn lanes at both entrances to the Project on St. Lucie Boulevard designed to accommodate heavy trucks; (b) Construction in the St. Lucie Boulevard right-of-way of five-foot bike lanes along both sides of St. Lucie Boulevard, for the limit of the project's frontage or the limits of construction, whichever is greater, in accordance with St. Lucie County Public Work Standards; and (c) Construction of six-foot sidewalk in the St. Lucie Boulevard right-of- way along the frontage of the Property. Additionally, the Application Materials contain an updated traffic impact study which revealed an existing failure in the level of service for the intersection at Kings Highway and Angle Road and a post -development failure in the level of service for the unsignalized intersection at Kings Highway and St. Lucie Boulevard. The updated traffic study indicates that the intersection at Kings Highway and St. Lucie Boulevard will maintain an acceptable post -development level of service under the condition that the flashing beacons are converted to June 15,2010 5 DVA-10-001 operate as a fully functional signalized intersection, which FDOT has already completed. The failing condition of the intersection at Kings Highway and Angle Road mandates that the Developer must mitigate the project's traffic concurrency impacts on that intersection. Additionally, the Developer will mitigate the project's traffic concurrency impacts on the intersection at Kings Highway and St. Lucie Boulevard. Developer's proportionate fair share contribution to cover the estimated project costs for the necessary improvements to the two intersections to mitigate the traffic concurrency impacts is Two Hundred Seventy -Two Thousand Three Hundred Fifty -One and No/100 Dollars ($272,351.00) ("Proportionate Fair Share"). The necessary road improvements, however, are not currently included in the County's Five-year Capital Improvements Program. Accordingly, Developer is entering into this Agreement with the County. Pursuant to Section 5.07D.I I. of the County's LDC, a developer may satisfy its proportionate fair share obligation by paying private funds or contributing land, or some combination thereof. Developer has chosen to satisfy its Proportionate Fair Share by donating the additional right of way, as specified below, and by paying private funds to satisfy the remaining portion of the Proportionate Fair Share obligation. The donation of the additional right of way in partial satisfaction of the proportionate fair share obligation is permitted because of the unique circumstances described in Recital D. Accordingly, prior to the recording of the final plat associated with the subject project in the County's public records, Developer shall pay the Proportionate Fair Share reduced by the value of the right-of-way dedication specified in Section 3h. of this Agreement (Developer's total payment obligation to satisfy its Proportionate Fair Share is $104,813). Provided that Developer meets the obligations set forth in this Agreement, County agrees that at the density and intensity authorized by this Agreement (1) all mandatory public facilities needed to serve the Property will be available when needed, (2) this Agreement shall serve as a Certificate of Capacity and (3) the proposed development of the Property shall be treated as committed development for the purposes of concurrency. Reservation or Dedication of Land. Within 60 days after the Effective Date of this Agreement, Developer shall dedicate fifty (50) feet along its northern boundary for additional right-of-way for St. Lucie Boulevard. The dedication shall be in a form approved by the County Attorney and shall be free and clear of all encumbrances. Developer, or its successors or assigns, shall be entitled to a credit for the value of the right-of-way dedication in the amount of One Hundred Sixty Seven Thousand Five Hundred Thirty Eight and No/100 Dollars ($167,538.00), such credit to be applied against Developer's Proportionate Fair Share pursuant to Section 5.07D.1. and 6. of the County's LDC. Developer may freely assign the aforesaid credit, in whole or in part, to any successor in interest or any one or more of the ultimate owners of any one or more of the Lots. The credit for the right-of-way dedication shall run with the land and may be applied against the Developer's, or its successors' or June 15. 2010 6 DVA-10-001 assigns', proportionate fair share obligation whenever that obligation is due and owing. Local Development Permits. The local development permits required for the development of the Property are: (1) Major Site Plan approval, which was obtained on June 13, 2006 in Resolution No. 06-163 (the "Resolution"), as appended herein. The Resolution is hereby modified to delete the requirement in condition A 1(b) & A I (c) that the Developer submit sealed constructible final engineering plans to the County's Growth Management Department, since the plans have already been reviewed and approved by the County's Public Works Department. (2) Regulatory Permits — The following regulatory permits are required and have already been obtained: (a) FPFWCD Permit No. 06-001-026 was issued in January, 2008; (b) Environmental Resource Permit from the SFWMD (Permit No. 56-02103-P was issued on May 14, 2007); and (c) a Florida Department of Environmental Protection permit will be required. The need for other regulatory agency permits shall be determined based upon final development plan approval. (3) Final plat approval and recordation of said plat within the public records of St. Lucie County, Florida shall be required prior to the sale of any lots, but in no event later than five years after the Effective Date. The Final Plat, consistent with the site plan, shall be submitted to the County for review and approval at least six months prior to the expiration of this agreement. (4) Building permits required prior to commencing building construction. (5) A St. Lucie County Vegetation Removal Permit or Exemption shall be required prior to initiation of site clearing/construction. Responsibility for Local Development Permits. All local development permits pursued by the Developer shall be obtained at Developer's sole cost. In the event that a required local development permit is not received for the Property, further development of the Property or the improvement for which the permit is required shall not be allowed until such time as County has reviewed the matter and determined whether or not to terminate this Agreement or to modify it in a manner consistent with the Comp Plan. k. Consistency with Comprehensive Plan. County finds that the development of the Property as proposed in this Agreement is consistent with the Comp Plan. June 15, 2010 7 DVA-10-001 1. Consistency with the Land Development Code. County finds that the development of the Property as proposed in this Agreement is consistent with the LDC. M. Compliance with Other Laws. Failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve Developer of the necessity of complying with the law governing such permitting requirement, condition, term, or restriction. Any matter or thing required to be done under existing County ordinances shall not be otherwise amended, modified, or waived unless such amendment, modification or waiver is expressly provided for in this Agreement with specific reference to the code provision so amended, modified, or waived; unless Developer voluntarily agrees to comply with the amended or modified requirement; or unless County follows the procedures set forth in Section 163.3233, Fla. Stat. for applying subsequently adopted laws and policies. The project must comply with the applicable building code at the time of the application for building permits. Future modifications to the project must be consistent with the County's Land Development Code and the Board reserves the right to impose conditions and requirements as necessary to protect the health, safety and welfare of the public and citizens of St. Lucie County. Environmental Resource Conditions of Approval The Property is located within a scrub jay habitat and buffer as defined by the United States Fish and Wildlife Service ("FWS"), and also contains habitat suitable for gopher tortoises. The habitat for both species has been degraded by past mining operations, however these species are known to utilize degraded habitats. County Comprehensive Plan Policy 8.1.12.5 requires surveys in cases where site clearing activities are proposed within the known range of endangered or threatened species or where such species are expected to occur based upon habitat suitability and species' ranges. Accordingly, the Environmental Resources Department ("ERD") has required, and the Developer has agreed to the following conditions of approval: (a) Prior to issuance of a Vegetation Removal Permit or Exemption, the Developer shall conduct tortoise surveys in accordance with Florida Fish and Wildlife Conservation Commission ("FWC") protocols and scrub jay surveys in accordance with FWS protocols. A report of survey methods and results shall be provided to ERD, FWS and FWC. If federal or state agency compliance requires modification to the approved development plans, the Developer will promptly modify the plans and submit to the County for review and approval as required by the LDC. The Developer will not use the County's development approval to prevent compliance with any federal or state agency requirements. June 15. 2010 8 OVA-10-001 (b) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided the Environmental Resources Department with copies of any required federal and state permits, including but not limited to a South Florida Water Management District Permit. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 5. Landscaping The landscaping will be installed as depicted on the approved Major Site Plan, as amended. The Developer acknowledges that all landscaping must be completed in accordance with the applicable provisions of LDC Section 7.09.00. (a) Prior to obtaining a Vegetation Removal Permit or Exemption for each lot, a detailed Development Plan, Tree Mitigation Plan, Landscape Plan, and associated Improvement Agreement shall be submitted to determine compliance with LDC Sections 6.00.05 and 7.09.00. Detailed development plans may include a site plan or building plan for the area proposed for vegetation removal, as required by the LDC. Tree mitigation for all native trees proposed to be removed on the development parcel shall be included and must be approved by the Environmental Resources Department prior to issuance of the Vegetation Removal Permit or Exemption. (b) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an Improvement Agreement acceptable to the Environmental Resources Department (ERD) covering the cost to purchase and install all required landscaping, irrigation, tree mitigation, tree relocation, and related improvements shown in the approved Landscape Plan. A copy of this agreement can be obtained by visiting the St. Lucie County ERD website at: http://www.stlucieco.org/erd/index.htm. (c) Prior to issuance of a Vegetation Removal Permit or Exemption, the Developer shall amend the Landscape Plan to include upland buffer plantings per LDC Section 6.02.03(F). Authorization to Develop Property/Extension of Maior Site Plan Approval Developer, or its successors or assigns, may proceed to develop the Property for no more than 32 commercial/industrial lots and the construction on those lots of commercial/industrial buildings restricted to 30% building lot coverage on each lot, provided such development is in compliance with all other applicable development standards specified in the LDC. Upon the submission of plans meeting technical building code requirements and payment of applicable fees, Developer shall receive any and all applicable permits authorized under the Major Site Plan approval and this Agreement. Notwithstanding the provisions of Chapter X1, Section 11.02.0613.2. of the LDC, the Major Site Plan approval granted in Resolution No. 06-163 on June 13, 2006 as amended June 15, 2010 9 DVA-10-001 herein is hereby extended beyond its initial expiration date of June 13, 2008, for a period of five (5) years from the Effective Date of this Agreement. Impact Fees No building permit shall be issued for development of the Property unless and until any and all impact fees required under then applicable ordinances have been paid by Developer or its assigns for such improvement or applicable credits applied in lieu of payment, with such payment or application of credit to occur at the time the building permit is issued. Nothing in this Agreement shall constitute a waiver by the Developer of its right to apply for road impact fee credits which may be applicable pursuant to the County Code of Ordinances. Developer, or its successors or assigns, shall be entitled to a credit against future road impact fees, as such fees may become due over time, in the amount of the Proportionate Fair Share, but in no event shall the County owe to Developer a refund of any excess of the Proportionate Fair Share amount over any road impact fees due. Developer may freely assign the aforesaid credits, in whole or in part, to any successor in interest or any one or more of the ultimate owners of any one or more of the Lots. The Developer's rights in connection with the impact fee credits specified in this paragraph shall survive the termination of this Agreement. Amendment Cancellation, Termination. a. Amendment and Cancellation This Agreement may be amended or canceled by mutual consent of the parties. Prior to amending this Agreement, County shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. b. Termination Notwithstanding any other provision of this Agreement, the Developer may, at any time through the effective period of this Agreement, and at Developer's sole option, terminate this Agreement. In the event of the termination of this Agreement then the authorization to develop as set forth in Section 4 of this Agreement shall be forfeited, the Certificate of Capacity shall no longer be valid, and any further application for development approval of the Property shall be subject to all applicable standards and regulations in effect at the time the application is filed. This provision shall not affect the right of the County to revoke the Agreement as set out in Paragraphs 10 and 15.13 of the Agreement and Sections 11.08.08 and 11.08.09 of the LDC. 9. Term. The term of this Agreement shall be five (5) years from its Effective Date unless earlier terminated as provided in Section 8. This Agreement may be extended by mutual consent of County and the Owner, subject to public hearing in accordance with Section 11.08.02 of the LDC. The term of any one (1) extension shall not exceed five (5) years. June 15, 2010 10 DVA-10-001 10. Recording Submission to the Florida Department of Community Affairs. Within 14 days after County enters into this Agreement, the Clerk of the County shall record the Agreement in the Public Records of St. Lucie County. A copy of the recorded Agreement shall be submitted to the Florida Department of Community Affairs within 14 days after the Agreement is recorded. if this Agreement is amended, canceled, modified, extended, or revoked, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Community Affairs. 11, Annual Review. In accordance with Section 11.08.08 of the LDC, County's Planning and Development Services Director shall review the development that is subject to this Agreement every 12 months, commencing 12 months after the Effective Date of this Agreement. The purpose of this review shall be to determine whether Developer is in good faith compliance with the terms of this Agreement. County shall begin the review process by giving notice, a minimum of 30 days prior to the anniversary date for the Effective Date of this Agreement, to Developer of its intention to undertake the annual review of this Agreement and of the necessity for the Developer to provide the following: a. An identification of any changes in the plan of development as contained in the Major Site Plan, or in any phasing for the reporting year and for the next year. b. If the Major Site Plan provided for phasing, a summary comparison of development activity proposed and actually conducted for the year. C. Identification of undeveloped tracts of land that have been sold to a separate entity or developer. d. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. e. Identification of significant local, state and federal permits which have been obtained or which are pending by an agency, type of permit, permit number and purpose of each. Any information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. The report shall be submitted to the parties to the Agreement and the State land planning agency. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County, after giving Developer written notice of the alleged non-compliance and a reasonable opportunity to cure same, may revoke or modify the terms of this Agreement. June 15, 2010 11 DVA-10-001 12. Notices. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For County: County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 with a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 For Developer: Airport Road Development, LLC Attention: Mason Simpson, President 1736 Ocean Drive Vero Beach, Fl 32963 with copies to: Philippe Jeck, Esq. Jeck, Harris, Raynor & Jones, P.A. 790 Juno Ocean Walk, Suite 600 Juno Beach, FL 33408-1121 13. Successors and Assigns. This Agreement shall be binding upon the parties and their successors and assigns. In the event of assignment of this Agreement, the Developer shall provide notice to: St. Lucie County Administrator 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 St. Lucie County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 14. Severabili!y. The invalidity of any provisions hereof shall in no way effect or invalidate the remainder of this Agreement. June 15, 2010 12 OVA-10-001 15. Home Rule Agreement. If any portion of this 163 Agreement for any reason is held or declared to be voided, the Agreement shall be determined to be a home rule developer agreement. 16. Miscellaneous Provisions. A. Involuntary Revocation of Development Agreement. The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terns and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer shall be given an opportunity to rebut the determination that the requirements of this Agreement, or any amendments thereto, have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement. The provisions of this paragraph requiring Board approval of any change in the Site Plan shall survive the revocation of the Agreement. B. Effect of Contrary State or Federal Laws. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. C. Enforcement. The Developer, County, any aggrieved or adversely affected person, or the state land planning agency may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of this Agreement with the provisions of the Act or Section 11.08.00 of the LDC. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. D. Headings. The headings contained in this Agreement are for convenience of reference only and do not limit or otherwise affect in any way the meaning or interpretation of this Agreement. E. 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. June 15, 2010 13 DVA-10-001 F. Waivers. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, will not affect the right of that party to require performance of that provision or to exercise any right, power or remedy, and any waiver by any party of any breach of any provision of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in this case will, of itself, entitle a party to any other or further notice or demand in similar or other circumstances, unless otherwise specified in the Agreement. G. Assignment. This Agreement may be assigned by Developer to its legal representatives and successors -in -interest or assigns, provided that impact fee credits are limited to the property described in Exhibit A. H. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns; provided, however, Developer shall have no obligations, duties, responsibilities, or liability under this Agreement if Developer's Project is not approved by County, or if the Project is approved, the Developer requests the County to rescind the resolution approving the Project and the County rescinds the resolution. Such rescission shall not be unreasonably withheld. I. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. J. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. K. Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. L. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof and supersedes all prior agreements or understandings made in connection with the subject matter. The Development Orders, Development Permits, Certificate of Capacity and conditions thereon pertaining to the Property are lawful government actions, and shall not be construed as agreements. No modification or amendment of this Agreement shall be binding upon the parties unless the same is in writing and signed by the party to be bound. [Rest of page intentionally left blank — signature page follows] June 15, 2010 14 DVA-10-001 IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above -written. Signed, sealed, and delivered in the resence of: AZZ 4e Print Nam Print Namea+h� nG �D • Gr' c� STATE OF Fh6RfflA COUNTY OF 96-t-G Airport Road Development, LLC, a Florida limited liability company By: R. M son mpson, President SV_ The forgoing instrument was acknowledged before this a1 day of , 2010, by R. Mason Simpson, as President of Airport Road Development, LC, a Florida limited liability company, who is personally known to me or has produced identification. Notary Public, State of Florida Print Name 404C ' My Commission Expires 317 -74> 4-2- For the purposes of demonstrating consent to this Development Agreement, but not as a party to the obligations under this Development Agreement. Signed, sealed, and delivered 7—ya Z a of: /�/ C%`Ies His - Print Name Print Name-Ket'¢n'vtG Indco, LLC, a Florida limited liability company By: R. M on Stmpson, President June 15,2010 15 DVA-10-001 STATE OF IAA V� COUNTY OF /3a-Zl The forgoing instrument was acknowledged before this .7/ day of , 2010, by R. Mason Simpson, as President of Indco, LLC, a Florida limited li iliry company, who is personally known to me or has produced identification. Notary Public, State ofF4of4& Print Name My Commission Expires: do .?off i June 15, 2010 16 DVA-10-001 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUN);Y.,.FLORIDA Chairman APPROVED AS TO FORM AND CORREC SS By: Courify Attorney/ STATE OF FLORIDA COUNTY OF ST. LUCIE The c rgoing instrument was acknowledged before this day of ,l,n,c , 2010, Y b (( I %cuQ.vy '�qa wu as Chairman of the St. Lucie County Board of County Commissioners, who is personally known to me or has produced identification. Notary Public, State of Florida Print Name My Commission Expires: CHARLENE A. FURTADO r Commission # DD 895091 Expires September 24, 2013 'M,� !� BpdeO Thu Tmy Fah Yvan 8IXN6S70 W June 15.2010 17 DVA-10-001 EXHIBIT "A" LEGAL DESCRIPTION OF AIRPORT PARK OF COMMERCE PROPERTY THE NORTHWEST'/. OF THE NORTHEAST'/, OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LESS THE NORTH 98 FEET LYING IN ST. LUCIE COUNTY, FLORIDA. June 15, 2010 18 DVA-10-001 EXHIBIT "B" AIRPORT PARK OF COMMERCE MAJOR SITE PLAN •I .� 1 I 1 CJF June 15, 2010 19 DVA-10-001 EXHIBIT "C" COPY OF OWNER AUTHORIZATION Aa tl N�i1: •7: R? :5G1- '�IIl lrn4 .YdfiIS a?l,L.i Y .,i:ti tNTWO, T.T.0 August 2:, 2005 Sl 1N,: c C.r:r.ly ua Cm � w ii ' (WaVeut orl �w ertm an Vw, Vi-rty..I, Av:ata Re :e:tsrcficf3w.>:11rn tn-:)rx'yrrs--rer i..h Tkv �'or .vrat .fitie.u.•tt L:varSLLr2:d(.Wt-J] �.trtsrwnrl 1-1:D, I.A.C. a Fonds United Iiabilityy:utr.Faue(``r)Hmr'7, amp; the :!).R:� of lartt .omcd at -� 51 16 t. 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T: 'n .I; June 15, 2010 20 DVA-10-001 "IV' AGENDA REQUEST ITEM NO. VI-B.2 DATE: October 26, 2010 ` I k REGULAR[] r ` REVISE[ PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT), County Attorney Daniel S. McIntyre County Attorney SUBJECT: St. Lucie County v. Florida Gaming Centers, Inc. - Permission to File Suit BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: The County Attorney recommends that the Board grant permission to sue Florida Gaming Centers, Inc. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [4 OTHER: Pulled Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: _ Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-1345 DATE: October 11, 2010 SUBJECT: St. Lucie County v. Florida Gaming Centers, Inc.; Permission to File Suit BACKGROUND: On September 25, 2007, the County and Florida Gaming Centers, Inc. ("Gaming") entered into a Revenue Sharing Agreement wherein Gaming agreed to pay the County a percentage of the gross revenue from the cardroom operations at a pari-mutual wagering facility located at 1750 Kings Highway in St. Lucie County (the "Facility"). A copy of the Agreement is attached. Under the terms of the Agreement, Gaming was to pay the County and the City of Fort Pierce a total of 3.0 percent of the gross revenue generated from cardroom operations of the Facility. Payments were to be made on February 1 of each year beginning on February 1; 2008. Gaming paid the amount due on February 1, 2009, but failed to make the payment due on February 1, 2010. On September 15, 2010, the County sent a letter to Gaming demanding payment within ten business days. A copy of the September 15 letter is attached. Gaming has not paid any amount to date. RECOMMENDATION/CONCLUSION , The County Attorney recommends that the Board grant permission to sue Florida Gaming Centers, Inc. Respe-0tully submi Daniel S. McInty County Attorney DSM/caf Attachments jw 5EP-21-2007(FRI) 15:04 Edward W. Becht, P.R. (FRX)772 455 8909 P.003/006 REVENUE SHARING AGREEMENT (Florida Gaming Centers, Inc:.) THIS AGREEMENT is made as of the ;Z,S; � of 2007, by and between St. Lucie County, a political subdivision of the Stati of Florida, by and through its Board of County Commissioners, hereinafter referred to as the County', City of Fort Pierce, a Florida municipal corporation, hereinafter referred to as the 'City' and Florida Gaming Centers, Inc., a corporation authorized to do business in the State of Florida, hereinafter referred to as the Company.' WITNESSETH= WHEREAS, it is the policy of the County and the City to stimulate economic growth in St. Lucie, by encouraging the expansion of existing businesses within St. Lucie County; and, WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation within St. Lucie County is beneficial to the local economy; and WHEREAS, Section 849.086(16), Florida STatutes, authorizes the County to grant Permission to conduct cardroom gaming at pari-mutual wagering facilities; and WHEREAS, County has adopted Ordinance No. 07-036 which authorizes the Company to provide cardroom gaming at its facility at 1750 Kings Highway, Fort Pierce, Florida (the Facility"); and WHEREAS, the County and the City find and declare that it is in the public interest to enter into this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. Revenue Sharing Conxnitment In consideration of the ability to conduct cardroom gaming at its facility, the Company agrees to pay the County and the City a total of 3.0 percent of the gross revenue generated from cardroom operations at the Facility to be split equally between the County and the City. MSCu6Ni51FWWO G WV CuWwd Rmuff mid• Gmm Dw 1 5EP-21-2007(FRI) 15:Od Edward W. Becht, P.A. (FAX)772 465 8909 P.004/006 2, Commencing on February 1, 2008 and continuing on February 1 of each year thereafter, the Company shall pay the amount due to the County and the City based on gross revenues derived from cardroom activities received during the previous calendar year (January 1 - December 31). At the time of payment, the Company shall submit to the County and the City a copy of the form or forms submitted to the state regulatory agency reflecting the amount of gross revenue received by the Company from cardroom operations during the previous calendar year, 3. Term; Termination This Agreement shall be effective upon the date of execution of this Agreement. This Agreement may be terminated upon mutual agreement of all the parties. 4. Forum: Venue This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in St. Lucie County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 5. Attorneys Fees If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys fees, court costs and all expenses (including taxes) even if not taxable as court casts (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. b. Enforceability If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this 2 K CUENT3 loiida G i g C-pW—d Ra=TP-per. O.nMbw 5EP-21-2007(FRI) 15:04 Edward W. BeCht, P.R. (FRX)772 465 B909 P.005/006 Agreement, or the application of such terms or provision, to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The parties agree that this Agreement shall be binding on the respective parties' heirs, successors and assigns, 7. Notices All notices required in this Agreement shall be sent by certified mail, return receipt requested. If sent to the County, the notice steal I be mailed to: Original to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 If sent to the City, the notice shall be mailed to: Original to: Fort Pierce City Manager P. O. Box 1480 Fort Pierce, Florida 34954 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: Fort Pierce City Attorney P.C. Box 1480 Fort Pierce, Florida 34954 I f sent to the Company, the notice shall be mailed to: Original to: Florida Gaming Centers, Inc. 1750 S. Kings Highway Fort Pierce, FL 34945 $. Entire Agreement With a copy to: Edward W. Becht, P.A, Post Office Box 2746 Fort Pierce, FL 34954 The County, the City and the Company agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 3 HIMIENT WWWA GMMV CorPlCM RoonWP. %hft GamroDm 5EP-21-2007(FRI) 15:05 Edward W. Becht. P.A. (FRX)772 165 8909 P.006/006 IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County. Florida, has made and executed this Agreement on behalf of the County and City and Company have hereunto set their hands the day and year above written. A Deputy Clerk `OIV* M .� ATTEST: Clerk (Corporate Seal) BOARD OF COUNTY CORONERS ST. Lu NTY. BY: Cho' APPROVED AS TO FORM AND $Y CITY OF FORT PIERCE APPROVEq!SS ORM AND �OR C" Attorney FLORIDA , INC, BY_- Signatur Title W. Bennett Collett 1-&(�,6 s ;2o ate BOARD OF COUNTY COMMISSIONERS VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED September 15, 2010 Florida Gaming Centers, Inc. 1750 S. Kings Highway Fort Pierce, Florida 34945 RE: Revenue Sharing Agreement To whom it may concern: MANAGEMENT & BUDGET Director Marie M. Gouin Please consider this letter as notice that the revenue sharing payment for 2009, due on February 1, 2010, has not been received by the County. Please remit payment to St. Lucie County within ten (10) days of the date of this letter or you shall be considered in default of the Revenue Sharing Agreement. Please let me know if you have any questions. Sincerely, M ' e M. Gouin Management and Budget Director MMG/bjm 10-31 C: Edward W. Becht, P.A. R. Schwerer, Esq. County Administrator County Attorney CHRIS DZADOVSKY, District No. i . DOUG COWARD, District No. 2 . PAULA LEWIS, District No. 3 . CHARLES GRANDE, District No. 4 . CHRIS CRAFT, District No. 5 County Administrator - Faye W. Outlaw, MPA 2300 Virginia Avenue * Ft. Pierce, FL 34982-5652 * Phone (772) 462-1670 TDD (772) 462-1428 * FAX (772) 462-2117 ITEM NO. VI-B-3 DATE: 10/26/10 COUNTY AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBMITTED BY: County Attorney SUBJECT: Mutual Termination Agreement with H&D Construction and GCNA for Cortez Boulevard Culvert Project BACKGROUND: See CA10-1359 FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 1, 2009 — BOCC approved contract with H&D Construction for Cortez Boulevard Culvert Project RECOMMENDATION: Staff recommends approval of the Mutual Termination Agreement with H&D Construction and GCNA. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( x ) �`j OMB Director ( ) Jt �C' Budget Analyst Daniel S. McIntyre (Name) (Name) County Engineer ( x) WE ERD ( ) (Michael Powley) (Name) 7COUNTY F L© R I D A TO: Board of County Commissioners COUNTY ATTORNEY MEMORANDUM FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA10-1359 DATE: October 26, 2010 SUBJECT: Mutual Termination Agreement with H&D Construction and GCNA for Cortez Boulevard Culvert Project ITEM NO. VI-B-3 Background: On September 1, 2009, the Board awarded H&D Construction the contract for the Cortez Boulevard Culvert project. The project is almost completed, but $25,900.00 worth of Punchlist work remains. County staff has been informed by the surety on this project, GCNA, that H&D will not be able to complete the Punchlist. The attached Mutual Termination Agreement provides that the County will retain the remaining contract balance of $21,871.63 and GCNA will remit $4,128.37 to the County, which is the difference between the remaining contract balance and the value of the Punchlist work. The County will complete the Punchlist work by hiring another contractor or using its own forces. Previous Action: September 1, 2009 — BOCC approved contract with H&D Construction for Cortez Boulevard Culvert Recommendation: Staff recommends approval of the Mutual Termination Agreement with H&D Construction and GCNA. Respectfully submitted, W Heather Sperrazza eke Assistant County A orney Mutual Termination Agreement Between H&D Construction Company, Inc., The Guarantee Company of North America USA and St. Lucie County H&D Construction Company, Inc. ("H&D"), St. Lucie County, a political subdivision of the State of Florida ("St. Lucie County"), and The Guarantee Company of North America USA ("GCNA") (collectively, the "Parties"), hereby execute this Mutual Termination Agreement ("Agreement"), effective this _ date of October, 2010, and by so doing, stipulate and agree to fully settle the claims by and between themselves arising out of or related to the matters described herein upon the following terms and conditions: WHEREAS, in or about September 2009, H&D, as contractor, entered into a written Agreement with St. Lucie County, as owner, for the furnishing of certain labor, materials and services associated with the project commonly known as the "Cortez Boulevard Culvert" (the "Project") in the original contract sum of $182,666.25 ("Contract"); and WHEREAS, in connection with the issuance of the Contract to H&D by St. Lucie County, GCNA issued Public Construction Bond No. 80052739 for the Project, as surety, on behalf of H&D, as principal, with St. Lucie County, as obligee ("Bond"); and WHEREAS, H&D has performed work required under the Contract, and there remains outstanding punch -list issues to be addressed at an agreed -upon cost of Twenty -Five Thousand Nine Hundred and 00/100 Dollars ($25,900.00); and WHEREAS, H&D has been paid for work performed on the Project, but there remains an unpaid balance due and owing to H&D under the Contract in the amount of Twenty -One Thousand Eight Hundred Seventy -One and 63/100 Dollars ($21,871.63); and WHEREAS, H&D has requested that St. Lucie County release H&D from any and all obligations under the Contract; and WHEREAS, GCNA has requested that St. Lucie County release GCNA from any and all obligations under the Bond. WHEREAS, St. Lucie County has requested that H&D and GCNA release St. Lucie County from any and all obligations under the Contract and under the Bond. NOW THEREFORE, in consideration of the promises, and other good and valuable consideration, and the mutual covenants set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto stipulate and agree as follows: (a) As surety to H&D, GCNA will fund and pay St. Lucie County the sum of Four Thousand One Hundred Twenty -Eight and 37/100 Dollars ($4,128.37), payable within ten (10) days of execution of this Agreement; and (b) Upon receipt and clearance of such funds, the Contract will be deemed terminated by the operation hereof, and (c) GCNA consents to the release of H&D by St. Lucie County hereunder, and to the release and termination of the Contract; and (d) The Parties, H&D, GCNA and St. Lucie, mutally agree that this Agreement shall mutually release any and all liabilities, duties, rights, claims, demands and/or obligations, of any kind or nature by and between them, but only as relates to or arises out of the Contract between St. Lucie County and H&D and/or as relates to or arises out of the Bond between GCNA and St. Lucie as obligee (and without releasing or waiving any and all obligations due and owing from H&D to GCNA under contract or statute, specifically including but not limited to the General Agreement of Indemnity executed by H&D in favor of GCNA), except that, the parties expressly agree that this Agreement shall not release or waive any and all obligations due and owing from H&D or GCNA to St. Lucie County for any warranty obligations arising under the Contract and/or Bond, St. Lucie County is not aware of and there is no currently known work performed by H&D which requires warranty repair and the only outstanding work known to St. Lucie County at this time is the corrective and incomplete work identified on the punchlist, the responsibility for which shall be borne by St. Lucie County hereunder; and (e) The Parties mutally agree that the Contract and Bond are to be deemed terminated and rendered null, void and of no further force and effect immediately upon receipt and clearance of the above described funds from GCNA to St. Lucie County. H&D Construction Co., Inc. 1404 S. 28`h Street Ft. Pierce, FL 34947 By: Its: Print Name: The Guarantee Company North America USA 25800 Northwestern Hwy. Suite 720 Southfield, MI 48075 By: Its: Print Name: s:\atty\agreemnt\hd mutual termination agreement final.docx of St. Lucie County 2300 Virginia Avenue 3rd Floor Admin. Annex Fort Pierce, FL 34982-5652 By: Its: Print Name: AGENDA REQUEST 7NTY��o"L*Vuoo R i D A ITEM NO. VI-B-4 DATE: October 26, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED �B�jY- SUBMITTED BY (DEPT : County Attorney Mark Godwin `"`� � tY Y Criminal Justice Coordinator SUBJECT: Request to have the Board approve an Interagency Agreement with the Florida Department of Juvenile Justice for the operations of the Juvenile Assessment Center for FY 10/11 BACKGROUND: Please see attached Memorandum CA No. 10-1376 FUNDS AVAIL: 102-6291-549925-6001 (miscellaneous costs — JAC) PREVIOUS ACTION: In May of 2010 the Board approved the Department of Juvenile Justice to operate the Juvenile Assessment Center. This resulted in a cost savings of $139,789.95. RECOMMENDATION: Staff recommends the Board approve the Interagency Agreement with the Department of Juvenile Justice (D.J.J.) for the operation of the JAC Center for FY 10/11. Since D.J.J. is a department of State Government, this Agreement can be approved without a RFP. COMMISSION ACTION: [>q APPROVED (] DENIED [ ] OTHER: Approved 5-0 X Count Attorney - Dan :r [] Y Y Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Awrovals `�/y� i n [x] Management &Budget: � / � Marie Gouin, Director Patty Marston, Analyst COUNTY F L O R I D A County Attorney MEMO RAND UM10-1376 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinatorp DATE: October 26, 2010 SUBJECT: Request to approve Interagency Agreement with the Department of Juvenile Justice for the operation of the Juvenile Assessment Center for FY 10/11 ITEM NO. Consent / VI-B-04 Background: In 2005, St. Lucie County funded the Juvenile Assessment Center (J.A.C.) as an eighteen -month pilot project. In 2007, the Board again funded the J.A.C., with two thirds of the funding being provided by the Cities of Fort Pierce and Port Saint Lucie along with court fine contributions. The J.A.C. is a 24-hour central receiving, booking program serving juveniles throughout St. Lucie County. After taking juveniles to the JAC, Law Enforcement Officers can return to assigned duties within approximately 15 minutes, thereby saving an average of three (3) hours per juvenile case. Prior to the JAC, officers had to take the children to the jail for booking. The jail is not currently able to accommodate juveniles. Once the juvenile arrives at the J.A.C., they are electronically fingerprinted and photographed. The juveniles then are screened to determine if they are going to be placed in the detention center. In May 2010, the Department of Juvenile Justice (DJJ) came forward, and proposed an Interagency Agreement to provide staff for the booking, screening, fingerprinting and photographing of juveniles at a significant cost reduction. The Board approved the DJJ JAC Agreement and the detention staff started on June 1, 2010. Recommendation: Staff recommends that the Board approve the INTERAGENCY AGREEMENT between the Department of Juvenile Justice and St. Lucie County for the operation of the J.A.C. INTERAGENCY AGREEMENT THIS AGREEMENT is made and is effective this 26th day of October, 2010, by and between St Lucie County Government and the Department Of Juvenile Justice (hereinafter referred to as DJJ). WITNESSETH: WHEREAS, both parties to this agreement are committed to providing statutorily mandated coordinated and effective services to the citizens of St Lucie County; and WHEREAS, both parties agree that sharing resources, where feasible, will result in a benefit to all citizens of St Lucie County; and WHEREAS, the DJJ will operate a Booking and Screening Unit located at 1215 Bell Avenue, Fort Pierce, Florida 34982 WHEREAS, St Lucie Government has historically handled the booking (fingerprinting and photographing) of juveniles arrested for criminal violations in St Lucie County; NOW THEREFORE, the parties agree as follows: 1. The recitals contained above are true, correct and incorporated herein by reference. 2. St Lucie County Government shall pay the total sum of $185,576.04 annually to DJJ through monthly payments of $15,464.67 from October 1, 2010 through September 30, 2011, to assist in the operation of the Booking and Screening Unit. DJJ shall use these funds to hire qualified personnel who will perform the "booking" (fingerprinting and photographing) responsibility for juveniles arrested in St Lucie County. These funds may also be used to help defray any costs directly associated with the booking process. Payments are to be made by the 10t' of each month for the previous month. DJJ shall make any and all data complied during the "booking" process available to the St Lucie County Government or authorized agent(s) and will also submit such data as required pursuant to Florida State Statute to the Florida Department of Law Enforcement. 4. DJJ further agrees that the Booking and Screening Unit will be available seven days per week, twenty-four hours a day, to temporarily house any juveniles lawfully detained by St Lucie County police department, with the exception of those juveniles who are to be incarcerated at the St Lucie County Jail. 5. This agreement shall be effective from October 1, 2010 until September 30, 2011. 6. This agreement may be terminated by either party with thirty (30) days notice received in writing. 7. This agreement may only be amended or modified upon approval of both parties. Any modification or amendment to the document shall not be valid until such approval has been obtained. 8. All youth that do not meet Detention Criteria and need to be placed will be processed and placed in accordance with the CYF/DJJ lockout agreement. IN WITNESS WHEREOF, the duly authorized representatives of each of the Parties hereto have executed this Interagency Agreement as of the Effective Date. St Lucie County Government By: (Signature) Name: Title (Print) (mot) Department Of Juvenile Justice By: Name: Title (Signature) (Print) (Print) aOARD OF COUNTY COMMISSIONERS October 15, 2010 Chief Sean Baldwin Ft. Pierce Police Department 920 South U.S. Highway 1 Fort Pierce, FI 34950 RE: Juvenile Assessment Center Dear Chief Baldwin: CRIMINAL JUSTICE COORDINATOR Mork J. Godwin As you know the Juvenile Assessment Center (JAC) provides 24-hour central receiving, booking, and assessment for juveniles that have been taken into custody by law enforcement for new law violations, truancy, and running away. The Center allows Law Enforcement Officers to return to assigned duties within approximately 15 minutes after taking juveniles to the center, thereby saving an average of three (3) hours per juvenile case. Once the juvenile arrives at the J.A.C., they have an intensive screening/assessment, are electronically fingerprinted and photographed. The juveniles then receive the best sanction and/ or service recommendation, including but not limited to placement in the detention center if warranted. Due to cost saving measures, the JAC total budget has been reduced by $139,789.95. The County also collects court fees, thereby reducing the budget by an additional $60,000.00. Due to the recent cost reductions at the JAC, your agency's share (1/3 split between the Cities and the County) will be $41,858.68. I have attached the first quarter invoice for your review and approval. Please don't hesitate in contacting me if you have any questions. Sincerely, Mark4ieodwin Criminal Justice Coordinator cc: Capt. Frank Amandro Faye W. Outlaw, County Administrator Daniel S. McIntyre, County Attorney CHRIS DZADOV5KY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator - Faye W. Outlaw, MPA County Attorney - Daniel McIntyre 2300 Virginia Avenue • 3rd Floor Admin. Annex • Ft. Pierce, FL 34982-5652 • Phone (772) 462-1418 FAX (772) 462-1440 • TDD (772) 462-1428 BOARD OF COUNTY COMMISSIONERS October 15, 2010 Chief Donald Shinnamon Port St. Lucie Police Department 121 S.W. Port St. Lucie Blvd. Port St. Lucie, FI 34984 RE: Juvenile Assessment Center Dear Chief Shinnamon: CRIMINAL JUSTICE COORDINATOR Mark J. Godwin As you know the Juvenile Assessment Center (JAC) provides 24-hour central receiving, booking, and assessment for juveniles that have been taken into custody by law enforcement for new law violations, truancy, and running away. The Center allows Law Enforcement Officers to return to assigned duties within approximately 15 minutes after taking juveniles to the center, thereby saving an average of three (3) hours per juvenile case. Once the juvenile arrives at the J.A.C., they have an intensive screening/assessment, are electronically fingerprinted and photographed. The juveniles then receive the best sanction and/ or service recommendation, including but not limited to placement in the detention center if warranted. Due to cost saving measures, the JAC total budget has been reduced by $139,789.95. The County also collects court fees, thereby reducing the budget by an additional $60,000.00. Last budget year, your agency's share (1/3 split between the Cities and the County) was $74,788.00, and due to the recent reductions, this year's contribution will be $41,858.68. 1 have attached the first quarter invoice for your review and approval. Please don't hesitate in contacting me if you have any questions. Sincerely, 14 Mark J. Godwin Criminal Justice Coordinator cc: Capt. Scott Bartal Faye W. Outlaw, County Administrator Daniel S. McIntyre, County Attorney CHRI5 DZADOV5KY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWI5, District No. 3 • CHARLE5 GRANDE, District No. 4 • CHRI5 CRAFT, District No. 5 County Administrator - Faye W. Outlaw, MPA County Attorney - Daniel McIntyre 2300 Virginia Avenue • 3rd Floor Admin. Annex • Ft. Pierce, FL 34982-5652 • Phone (772) 462-1418 FAX (772) 462-1440 9 TDD (772) 462-1428 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-8-5 Date: October 26, 2010 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Treasure Coast Research Park - Second Amendment to Implementing Agreement with St. Lucie County School Board for Conveyance of Sixty (60) Acres BACKGROUND: See C.A. No. 10-1366 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Second Amendment to the Implementing Agreement with the School Board of St. Lucie County, and authorize the Chairman to sign the Second Amendment. COMMISSION ACTION: CONCURRENCE: [I APPROVED [ ] DENIED - [ ] OTHER: Approved 5-0 Faye W. Outlaw, M.P.A. County Administrator �. Coordination/Signatures Cou nty Attorney:.Mgt. & Budget: Purchasing: Daniel 5. McIntyre Originating Dept.: Other : Other 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: 10-1366 DATE: October 13, 2010 SUBJECT: Treasure Coast Research Park - Second Amendment to Implementing Agreement with St. Lucie County School Board for Conveyance of Sixty (60) Acres BACKGROUND: On June 17, 2009, the School Board of St. Lucie County entered into a Sublease Agreement with the University of Florida Board of Trustees for property located north of Picos Road adjacent to the Treasure Coast Research Park. The Sublease is contingent upon the conveyance of fee simple title of approximately sixty (60) acres from the County to the School Board for the development of a K-20 school campus. Upon conveyance of the sixty (60) acres to the School Board, it will then assign its interest under the Sublease to the County. The County will then in turn further sublease that property to the Treasure Coast Education, Research and Development Authority for the Treasure Coast Research Park. On February 23, 2010, the Board conceptually approved the conveyance of the identified sixty (60) acres to the School Board. On May 11, 2010, the Board approved the Implementing Agreement with the School Board which outlines the schedule and procedure for the conveyance to be completed by June 17, 2010 as required under the Sublease with the University of Florida. On June 8, 2010, the Board approved the First Amendment to the Implementing Agreement which extended the closing date to October 16, 2010. The University of Florida has requested that the closing date be further extended in order to address one of the underlying dedications of the Sublease. Attached to this memorandum is a copy of a proposed Second Amendment to the Implementing Agreement which would extend the inspection period to March 15, 2011, and the closing date to March 16, 2011. RECOMMENDATION/CONCLUSION : Staff recommends that the Board of County Commissioners approve the proposed Second Amendment to the Implementing Agreement with the School Board of St. Lucie County, and authorize the Chairman to sign the First Amendment. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator TCERDA Executive Director Property Acquisitions Manager County Surveyor SECOND AMENDMENT TO IMPLEMENTING AGREEMENT THIS SECOND AMENDMENT TO IMPLEMENTING AGREEMENT is made and entered into as of this day of , 2010, by and between St. Lucie County, Florida ("County"), and the School Board of St. Lucie County, Florida ("School Board") to that certain Implementing Agreement dated May 11, 2010, between the County and School Board ("Implementing Agreement"), as amended by that certain First Amendment dated June 8, 2010. WITNESSETH: WHEREAS, the School Board and County entered into the Implementing Agreement for the conveyance of fee simple title to an approximately sixty acre parcel of land ("Real Property") as more fully described in the Implementing Agreement; and WHEREAS, by the First Amendment the School Board and the County previously amended the Implementing Agreement to extend the dates for inspection of and closing on the Real Property; and WHEREAS, the School Board and County desire further to amend the Implementing Agreement in order to extend again the dates for inspection of and closing on the Real Property. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the mutual promises and covenants contained herein, the parties agree as follows: 1. The above recitals are true and correct and are hereby incorporated herein by reference as if fully set out herein. 2. The Implementing Agreement is hereby amended (a) to extend the Inspection Period (as defined in the Implementing Agreement and as previously extended by and in accordance with the First Amendment) until March 15, 2011, and (b) to extend the Closing Date (as defined in the Implementing Agreement and as previously extended by and in accordance with the First Amendment) until March 16, 2011. 3. Except as specifically modified and amended herein, the Implementing Agreement, as previously amended by the First Amendment, shall remain in full force and effect and is hereby ratified and confirmed by the parties. SCH 0500159 Implementing Agmt 2d AMD (V2) �w IN WITNESS WHEREOF, the parties have made and executed this Second Amendment to Implementing Agreement on the respective dates under each signature, as of the date set forth above. The School Board of St. Lucie County, Florida, signing by and through its Chair, is authorized to execute the same by Board action, and St. Lucie County, Florida, signing by and through the Chairman of its Board of County Commissioners, is authorized to execute the same by Board action. Attest: Print Name: Attest: Print Name: Approved as to legal form and correctness: County Attorney SCH 0500159 Implementing Agmt 2d AMD (V2) SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA Troy Ingersoll, Chair Date: ST. LUCIE COUNTY, FLORIDA Charles Grande, Chairman Board of County Commissioners Date: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-6 Date: October 26, 2010 Regular [ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Resolution No.10-284 - Providing for Appointment of Liaisons to the Treasure Coast Education, Research and Development Authority from the City of Fort Pierce, the City of Port St. Lucie and St. Lucie County BACKGROUND: See C.A. No. 10-1371 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve proposed Resolution No. 10-284, as drafted. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 County Attorney: Daniel S. McIntyre Originating Dept.: 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: 10-1371 DATE: October 13, 2010 SUBJECT: Resolution No. 10-284 - Providing for Appointment of Liaisons to the Treasure Coast Education, Research and Development Authority from the City of Fort Pierce, the City of Port St. Lucie and St. Lucie County BACKGROUND: Attached to this memorandum is a copy of proposed Resolution No. 10-284 which would amend the membership of the Treasure Coast Education, Research and Development Authority to officially add liaisons from the City of Fort Pierce, the City of Port St. Lucie and the County. Although the County has appointed a liaison for some time, the resolution creating the Authority does not address liaisons. The Authority recommended the cities appoint liaisons in order to provide for greater awareness and participation in the development of the Research Park. As set forth in the proposed resolution, the liaisons would be elected officials appointed from each entity's governing body. RECOMMENDATION/CONCLUSION : Staff recommends that the Board of County Commissioners approve proposed Resolution No. 10-284, as drafted. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator TCERDA Executive Director RESOLUTION NO. 10-284 A RESOLUTION AMENDING RESOLUTION NO. 05-080, AS AMENDED, TO PROVIDE FOR THE CITY OF FORT PIERCE, THE CITY OF PORT ST. LUCIE, AND ST. LUCIE COUNTY TO APPOINT LIAISONS TO THE TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY WHEREAS, on February 22, 2005, this Board adopted Resolution No. 05-080 which provided for the creation of the Treasure Coast Education, Research, and Development Authority with certain membership; and, WHEREAS, on August 23, 2005, the Board of County Commissioners adopted Resolution No. 05-318 to expand the membership of the Authority to include members representing Indian River Community College, n/k/a Indian River State College, and Florida Atlantic University; and, WHEREAS, this Board has appointed one of its members to serve as a liaison to the Authority since its creation; and, WHEREAS, the Authority has recommended that the City of Fort Pierce and the City of Port St. Lucie also appoint one of their elected officials to serve as a liaison to the Authority in order to better serve the interests of the entire community. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Resolution No. 05-080, as amended, is hereby amended by adding Paragraph 10 to read as follows: 10. The City of Fort Pierce City Commission, the City of Port St. Lucie City Council, and this Board shall each appoint a member of their respective governing bodies to serve as a non -voting liaison to the Authority. 2. All other provisions of Resolution 05-080, as amended, shall remain in full force and eff ect. 3. The County Administrator is hereby directed to forward a copy of this resolution to the City of Fort Pierce and the City of Port St. Lucie. 1 �Y 4. This resolution shall be effective upon adoption. After motion and second the vote on this resolution was as follows: Chairman Charles Grande XX Vice -Chairman Doug Coward XX Commissioner Chris Craft XX Commissioner Chris Dzadovsky XX Commissioner Paula A. Lewis XX PASSED AND DULY ADOPTED this 26th day of October 2010, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 5:\atty\resoltn\2010\10-284.wpd APPROVED AS TO LEGAL FORM AND CORRECTNESS: 2 COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-13-7 Date: October 26, 2010 Regular [ ] Public Hearing[ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Neighborhood Stabilization Program - Authorization to File Quiet Title Suit on 7806 Palomar Street BACKGROUND: See C.A. No. 10-1374 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the proposal from Berman, Rennert, Vogel & Mandler, P.A., and authorize it to file suit on behalf of the County to quiet title for the property located at 7806 Palomar Street. COMMISSION ACTION: [Xl APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures rr� County Attorney: Mgt. & Budget: Purchasing: Daniel S. A&gntyre Originating Dept.: t-L�-L Other: Other Beth Ryder Finance (Check for Copy only, if applicable): INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-1374 DATE: October 18, 2010 SUBJECT: Neighborhood Stabilization Program - Authorization to File Quiet Title Suit on 7806 Palomar Street BACKGROUND: Pursuant to a Neighborhood Stabilization Program grant, the County is in the process of purchasing foreclosed homes for rehabilitation and sale to qualified residents. One of those homes is located at 7806 Palomar Street in Fort Pierce. The closing was conducted by mail by Berman, Rennert, Vogel, & Mandler, P.A., the law firm representing the bank. When the County received the recorded deed, it was discovered the wrong grantee was named in the deed. Although the law firm subsequently recorded an affidavit regarding this error, staff had indicated this alone was unacceptable. Accordingly, the law firm has proposed to file a quiet title suit at its expense in an effort to resolve any issues regarding the title. A copy of their proposal is attached. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners accept the proposal from Berman, Rennert, Vogel & Mandler, P.A., and authorize it to file suit on behalf of the County to quiet title for the property located at 7806 Palomar Street. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Housing and Community Services Director ..w T a BERMAN RENNERT VOGEL & MANDLER, P. A. ScottD. Levine, Esq. ATTORNEYS A T L A W - Direct line 305.5774169 Direct Fax 305533.595 &tnad slevine@bcvttdaw.M October 13, 2010 Via email young h(&stlucieco.org Heather Young, Esq. Assistant County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: 7806 Palomar Street Fort Pierce, FL 34951 Dear Heather: As we discussed, this office acted as closing agent for the sale of the subject property to St. Lucie County, Florida. Unfortunately, the original deed for the property erroneously named Todd Vaughn LLC as the grantee and was accidentally recorded in Official Records Book 3223, Page 2544 of the Public Records of St Lucie County, Florida. Since that time, a corrective warranty deed into St Lucie County has been recorded, as has an affidavit which confirms the deed into Todd Vaughn LLC was an error. In order to clear the resulting cloud on title, this office asked Todd Vaughn, on behalf of Todd Vaughn LLC, to execute a quit claim deed into St Lucie County. Mr. Vaughn has refused and has been extremely uncooperative. As a result, my office has agreed to file a Quiet Title action on behalf of St Lucie County and against Todd Vaughn, LLC. My office will cover the costs and fees associated with this action. Please return an executed countersigned copy of this letter confirming St. Lucie County's agreement for my office to file a Quiet Title action for the subject property in order to correct the aforementioned error in the chain of title. Berman Rennert Vogel & Mandler, P.A. cannot begin representing St. Lucie County until we receive a returned signed copy of this letter. St Lucie County will be named as Plaintiff, and Berman Rennert Vogel &. Mandler, PA will file the action on the plaintiffs behalf. Please call me with any questions. R Acknowledged and Agreed this day of .2010. St. Lucie County, a political subdivision of the State of Florida By: Name: Title: Bank of America Tower at International Place • 100 Southeast Second Street • Suite 2900 • Miami, Florida 33131 Main Telephone (305) 577-4177 • Facsimile (305) 373-6036 • www.brvmlaw.com AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Juanita Avenue Bridge Replacement Sovereignty Submerged Lands Easement ROT File No. 560235376 Easement No. 41301 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Please see an attached memorandum N/A N/A ITEM NO. VI-B-8 DATE: October 26, 2010 REGULAR[ ] PUBLIC HEARING [ ] Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager Staff recommends approval of the Sovereignty Submerged Lands Easement, ROT File No. 560235376, Easement No. 41301, authorize the Chairman to execute the Sovereignty Submerged Lands Easement, direct staff to forward the Easement to the Florida Department of Environmental Protection for signature and record the Easement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [� APPROVED[ ] DENIED [ ] OTHER: Approved 5.0 [x] County Attorney: Daniel S. McIntyre [x] Originating Dept.: 3N4-' JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Public Works Director: [x] Engineering: C'Oy Don West Craig Hauschild [x] Road 6 Bridge: [) OMB: Don Pauley 5:\ACQ\WP\JoAnn\Juanita Avenue Improvements\Agenda Request for Sovereignty Submerged Lands Easement.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 26, 2010 SUBJECT: Juanita Avenue Bridge Replacement Sovereignty Submerged Lands Easement ROT File No. 560235376 Easement No. 41301 BACKGROUND: During the permitting process we discovered the Florida Department of Transportation formerly known as the State Road Department constructed the Juanita Avenue Bridge without an Easement from the Department of Environmental Protection. County staff received the attached Sovereignty Submerged Lands Easement from the Florida Department of Environmental Protection for your review and approval. Engineering has reviewed and approves the Easement. RECOMMENDATION: Staff recommends approval of the Sovereignty Submerged Lands Easement, ROT Fi le No. 560235376, Easement No. 41301, authorize the Chairman to execute the Sovereignty Submerged Lands Easement, direct staff to forward the Easement to the Florida Department of Environmental Protection for signature and record the Easement in the Public Records of St. Lucie County, Florida. Respectfully submitted, nn Riley Property Acquisition Manager SAACQ\WP\JoAnn\Juanita Avenue Improvements\Agenda Memo for Sovereignty Submerged Lands Easement.wpd COUNTY F L 0 R I D A 0 0 D0375 0,0075 0015 vw 41 400 o�,pQ01EmON IF� r lflrA,f October 7, 2010 Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 St. Lucie County Board of County Commissioners 2300 Virginia Avenue 2nd Floor Annex, RM 229 Ft. Pierce, Florida 34982 RE: BOT File No.: 560235376 Easement No. 41301 Grantee: St. Lucie County Florida To whom it may concern: OCT 13 2010 Enclosed is an easement instrument, which requires acceptance by notarized signature of Charles Grande as Chairman of the Board(two witnesses required). Pursuant to Chapter 695, Florida Statutes, the names of the person executing the instrument, the two witnesses, and the notary public must be legibly printed or typewritten directly below that person's signature. Please execute and return the enclosed instrument and any additional information requested within 30 days after receipt of this letter. Upon receipt and acceptance, we will transmit the lease instrument for final departmental execution. A fully executed instrument will be provided to you for recording in the county records where the facility is located. Your cooperation and assistance are appreciated. if you have any questions regarding this matter, please feel free to contact me at the letterhead address above (Mail Station No. 125) or at (850) 245-2720. Sincerely, i M. Sue Jones Senior Acquisition Review Agent Bureau of Public Land Administration Division of State Lands msj/SJ Enclosures: Easement By Federal Express This Instrument Prepared By M. Sue Jones Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS EASEMENT EASEMENT NO.41301 BOT FILE NO. 560235376 PA NO. 100628-5 PERMIT NO. 56-03088-P THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to St. Lucie County, Florida hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereignty lands, if any, contained in the following legal description: A parcel of submerged land in Section 33 Township 34 South, Range 40 East, in Taylor Creek, St. Lucie County, as is more particularly described and shown on Attachment A, dated June 21, 2010. TO HAVE THE USE OF the hereinabove described premises for a period of 50 years from Aueust 24, 2010, the effective date ofthis easement. The terms and conditions on and for which this easement is granted are as follows: 1. USE OF PROPERTY: The above described parcel of land shall be used solely for public transportation purposes only by or under the supervision of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION or such local governmental entity having maintenance responsibility. Grantee shall not engage in any activity except as described in the South Florida Water Management District General Permit No. 56-03088-P, dated August 24, 2010, incorporated herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of this easement. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. 3. AUTOMATIC TERMINATION: This easement shall automatically terminate when, in the opinion of Grantor, the easement is not utilized for the purposes authorized. Any costs or expenses incurred by Grantor in removing Grantee or its property from the easement area shall be paid by Grantee. 4. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 5. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 6. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 7. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 8. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement. [4l] 9. RIGHT TO TERMINATE: Should a need of greater public benefit and use arise as determined by Grantor in its sole discretion, the Grantor shall have the right to terminate this easement. At such time, the Grantor shall issue written notification to the Grantee stating the effective date of such termination. 10. RESOLUTION OF ANY INEQUITIES: Any inequities that may subsequently arise as a result of this easement shall be subject to negotiation upon written request of either party hereto, and the parties agree to negotiate in good faith. In case of failure by the respective staffs to resolve the conflict(s), the matter shall be referred to the Grantor for final resolution. 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any parry hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 12. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 13. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. 14. CESSATION OF AUTHORIZATION/REMOVAL OF STRUCTURES: Upon termination ofthis easement all authorization granted shall cease and terminate and Grantee shall remove all facilities and related structures erected at its expense. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement in its entirety in the public records. of the county within which the easement site is located within fourteen (14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and pages at which the easement is recorded. 17. AMENDMENTS/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. I S. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 19. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent of the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. 20. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have satisfactory evidence of sufficient upland interest as defined in subsection 18-21.003(60), Florida Administrative Code, to the extent required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at anytime during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. Page 2 of 6 Pages Easement No. 41301 WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Jeffery M. Gentry, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division Division of State Lands, State of Florida Department of Original Signature Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 20_, by Jeffery M. GenM-Operations and Management Consultant Manager. Bureau of Public Land Administration. Division of State Lands, State of Florida_ Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me APPROVED AS TO FORM AND LEGALITY: DEP Attorney WITNESSES: Original Signature Typed/Printed Name of Witness Original Signature Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial St. Lucie County, Florida (SEAL) by its Board of County Commissioners BY: Original Signature of Executing Authority Charles Grande Typed/Printed Name of Executing Authority Title of Executing Authority Typed/Printed Name of W itness "GRANTEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20, by Charles Grande as Chairman, for and on behalf of the Board of County Commissioners of St. Lucie Countv, Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Notary Public, State Commission/Serial No. Printed, Typed or Stamped Name Page 3 of 6 Pages Easement No. 41301 °-+mM-�` —Doo�N� om ,nvov- m�Zm �o mr=*, min'T= z� n2 �m�c-� -itmnm�l oD�r c -r+� o�c-m z�m�� Z?� Ou0i ND�0M ;T -O r� m0 cOp Z� v-�lCm M� mM< ; pmLnC-� 022?0-1 MVa 0xm00 + D DLnN-�t2 yDI m >om 0 �D�Zn m m zo �vCFo cv��OLn m_ oz `zmm� 0 xz= x?v O-lu'DO.Z m r m O ' r mND -nN L. r J.>' n„V)SO D,oamZ o5�zo uzin0,o- ;^ oK= w zO O A D m o�mzM m��ID0 Z m o< �v ?C')0<n p-MFQA n>0m COCO Z-0 D ;0 0 DOm�-0 Zp�� D O 0 n m m n Z v C "C - -- -- O CIS 0 70 Z I a? Z O — --- - D o m M vi 6/\ - - —�' �M I Am N O O t0 00 J T p ? 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SAINT LUCIE COUNTY, FLORIDA J01 EAST A7LAN77C BOULEVARD P0A/PANO BEACH, FLORIDA JJ060-664J (954) 788-3400 FAX (954) 788-J500 EMAIL maiwoth-ossociotmcom LS NO. 6860 DATE 06/21/10 SCALE N.T.S. FIELD BK. N/A DWG. BY JEK CHK BY MMM DATE I RECISIONS SHEET 1 OF 3 DRANG NO. 07662.0U WI "s - Attachment A Page d of 6 Pages Easement No. 41301 i - �l (n r- D o-imp-1 FnM> 00-10M--j TlS-TtNSM(n5 NOMD 0 DCOS Z 00 0.4D m0 r m o �n0x0x Op u- rD(-)OCzMmn=pK;u>; D 0MX.lZ) �mimmZZ r2 ,-HD M- p zmn)mz—MZ Z0O�MOD00 Ocm w— nnm-_o MOmM00m0NZ m-O m n SD DO xm C) 0 S < = 5 Sr m-n0Cn �Z�l _D O C mtD CXDX -no IDwo (-);Um r<Z�' � ZD�( 1 y m CA m Ui -< vi C r z D �� Xv 4M mJ Omv o _0 *mM r w m r 000 U) G+ � cn W O O 0-?OM-Ao n< 0 znmZ 0p op =0��Op ONmONm mM Zm>m aD Z 0N D --1 O n� GO --A � S m � r O O �D o SS-1r- mpOmp n() m-< ,oZr)Z VO D. r ZZ Z DO mOz-n�zOO Z �� D S o> (n cn w D 0M 0 to n -i(n r M D� M D i C --i m � - mm m mp D M -1 m M0�=�7�DC)S�7 m (n-< m m DZ y �-o m- -i O� -� inch MO 0� �rcn-v�cnF-nmOm 00 O cn Nm c) _ m0 �� O� Z0-H mpCO� rp o0 0 jo r=0 A 0 MS ZS 0z .{ m�� -0Z - m rn; O_z ZM 00 O� oz �D zX Igo x2 W22 IOC- CD �w �(� ZO S =x m -1 Drpn r C)-i Z p 0� zp �i 0 m 00 o0 C)O z_mO D0o A mZ N n m CC) �O =�7 CIS O D S`Z Zm� y- �. D C)OD _ ZS G7� SD �D _ Dom. �� ZDZ p ZD Z-i -1C mC Co D 0(A Z m Z 2� Dr C) �M -<my y M� OO p 0 F- C z mm M- =rr -4 r O 2� o Z D D N -vO C D T-n m rD -n" T1D -1 CD m m0 23p O �S D N m D ZO m — Om� D-�i rO D C7 > 'Tj to n -H pn D 0 -1 Z < Z O 00 � r D D Fri z 11 D r D �m Sm M v r-m 0 m i? ;u 00 Z m - m M ITI N C C ;RIPTION LANDconsulting T 34 SOUTH. 3T COUNTY, FLORIDA en gineei-s JOI EAST A7LANAC 80MEYARD POMPANO BEACH, aCRIDA JJ060-664J (954) 788-AteiJ400 FAX (9541 788-J500 £AIA/L maith-axmciotescan LB NO.. 5860 DATE 06/21/10 SCALE N/A FIELD BK. N/A DWNG BY JEK CHK BY MMM DATE RE - SHEET 3 OF 3 DRANG NO. 07662.00 WI - - Attachment A Page 5 of 6 Pages Easement No. 41301 I 77 O m 7D QI Z N T 10 M up I (n XMM 0 v�nzp \ D (n Z v7m C_0 p -O Fn n '�c �z CID \ v)zo oczicziu I C r C -a O _r- \ y c� = z ' m LA O 0 z �voz \ moo. M v1 `c z Fes' n D -D �� -aw � O DcjmN $z 4� D - m�z o0 <\ Imm cm // _J io mmul m V���mn M M z a c- \I\ C ;>' o z N �, x)� m D > z D s ; c zm to ti" ! �p cn O O 2C V? >� �O In OT zF i0 A �/ \ D m0 M v An _ x ox _r m0 mm ./ E �T1 m� zv m /v I o� v( % D / fTl v \ N• > \ o-m ,4Z ZCAi .6Z 4 J rn' - U)Lnx7 O-O-OOZF'�FF �� p" C). r v) Tn vi- m oX ���m� =� > m (A VI.���'D�OZF-mom 2c -;.D10,1>c Z ;: or-=iZZmDDZ--I zm \ I+ c / zc�0o0 m�1m� -� Ozomzo 0-<�or^M m Ai C)DO T�mC)m 01�1 0�rc) Mm2 C _ mm N C) z A > to m0 Cmi K m ; -OE;-"mzz-D L. O z 0 LA m W �01ti1�3o m m v r uuz N Do I D to O I z n 4 + SKETCH & DESCRIPTION SUBMERGED LAND EASEMENT SECTION 33, TOWNSHIP 34 SOUTH, RANGE 40 EAST CITY OF FORT PIERCE, SAINT LUCIE COUNTY, FLORIDA Pq�EIT'H consu/ting engineers J01 EAST A7LAN77C BOULEVARD POMPANO BEACH, flORIVA JJ060-664J (954) 788-J400 FAX (954) 788-J500 EMAIL' madwedh-assa'iotescam L8 N0. 6860 ?AIE06/21/2010 SCALE F/ELD SK. N/A DWNC SY JEK CHK SY MMM DATE RE-1451ONS SHEET 2 OF 3 DRAWING NO 07470.01-SKD-01.dwg Attachment A Page 6 of 6 Pages Easement No. 41301 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-9 DATE: October 26, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) Amendment Number One to Lease Number 4621 Harbor Branch Preserve BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 23, 2010 - Board of County Commissioners approved Lease Number 4621 with the Board of Trustee of the Internal Improvement Trust Fund of the State of Florida (TIITF). RECOMMENDATION: Staff recommends that the Board approve Amendment Number One to Lease Number 4621 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) for the Harbor Branch Preserve, authorize the Chairman to sign the Amendment and direct staff to return the Amendment to TIITF for further processing. COMMISSION ACTION: [ Q APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x] County Attorney: Daniel 5. McIntyre i [x] Originating Dept.: -) m iL JoAnn Riley Finance: (Check for Copy only, if applicable) Eff. 5/96 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Environmental: [x] Mosquito Control/: Karen 5mith Coastal Ma ement - Jim David [ ] Road d Bridg� [ ] OMB: 5:\ACQ\WP\JoAnn\Environmental\Harbor Branch Preserve\Lease Amendment Agenda Request.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 26, 2010 SUBJECT: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) Amendment Number One to Lease Number 4621 Harbor Branch Preserve BACKGROUND: On March 23, 2010, the Board of County Commissioners approved a 50-year Lease with the Board of Trustee of the Internal Improvement Trust Fund of the State of Florida (TIITF), for the Harbor Branch Preserve project. County staff received Amendment Number One from TIITF, which if approved by the Board of County Commissioners will amend paragraph 4 (PURPOSE) and paragraph 8 (LAND USE PLAN) as stated in the attached Amendment. Environmental Resources Department manages the uplands and Mosquito Control manages the wetlands, both have reviewed and approve Amendment Number One. RECOMMENDATION: Staff recommends that the Board approve Amendment Number One to Lease Number 4621 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) for the Harbor Branch Preserve, authorize the Chairman to sign the Amendment and direct staff to return the Amendment to TIITF for further processing. Respectfully submitted, 4a'W1_Z1x1_1' o nn Riley Property Acquisition Manager 5:\ACQ\WP\JoAnn\Environmenta1\Harbor Branch Preserve\Lease Amendment Agenda Memo.wpd u�ge K P' r S ` ✓��� � tit 1' t N • a s ti S + . J ��ki a . '� Y :. • � �l a 1 R � f r . e - h ATL1 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AMENDMENT NUMBER ONE TO LEASE NUMBER 4621 THIS LEASE AMENDMENT is entered into this day of 1 20 , by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR" and ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as "LESSEE"; W I T N E S S E T H WHEREAS, LESSOR, by virtue of Section 253.03, Florida Statutes, holds title to certain lands and property for the use and benefit of the State of Florida; and WHEREAS, on April 22, 2010, LESSOR and LESSEE entered into Lease Number 4621; and WHEREAS, LESSOR and LESSEE desire to amend the lease to modify paragraph 4, PURPOSE, and paragraph 8, LAND USE PLAN. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Paragraph 4, PURPOSE is hereby amended, replaced, and superseded in its entirety by the following: 4. PURPOSE: LESSEE shall manage the leased premises only for conservation and the establishment and operation of the facilities as documented in Exhibit B and to conduct land management and mosquito control on the premises, along with other related uses necessary for the accomplishment of this purpose as designated in the Management Plan required by paragraph 8. Of this lease. 2. Paragraph 8. LAND USE PLAN is hereby amended, replaced, and superseded in its entirety by the following: S. MANAGEMENT PLAN: LESSEE shall prepare and submit a Management Plan for the leased premises in accordance with Section 253.034, Florida Statutes, within twelve months of the effective date of this lease. The Management Plan shall be submitted for approval to the State of Florida Department of Environmental Protection, Division of State Lands, Office of Environmental Services, Mail Station 140, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of LESSOR until the Management Plan is approved. The Management Plan shall emphasize the original management concept as approved by LESSOR at the time of acquisition, which established the primary public purpose for which the leased premises were acquired. The approved Management Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by LESSEE and LESSOR. LESSEE shall not use or alter the leased premises except as provided for in the approved Management Plan without the prior written approval of LESSOR. The Management Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Management Plan. 3. It is understood and agreed by LESSOR and LESSEE that in each and every respect the terms of Lease Number 4621, except as amended hereby, shall remain unchanged and in full force and effect and the same are hereby ratified, approved and confirmed by LESSOR and LESSEE as of the date of this amendment. 4. It is understood and agreed by LESSOR and LESSEE that this Amendment Number 1 to Lease Number 4621 is hereby binding upon the parties hereto and Page 2 of 4 Amendment No. One to Lease No. 4621 Revised 01/07 IN WITNESS WHEREOF, the parties have caused this lease amendment to be executed on the day and year first above written. Witness Print/Type Witness Name Witness BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: (SEAL) GLORIA C. BARBER, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "LESSOR" Print/Type Witness Name STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 20 , by Gloria C. Barber, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney Page 3 of 4 Amendment No. One to Lease No. 4621 Revised 01/07 ST. LIICIE COUNTY, FLORIDA By its Board of County Commissioners By: Witness Charles Grande Print/Type Witness Name Print/Type Name tness Print/Type Witness Name STATE OF FLORIDA COUNTY OF ST. LIICIE Title: Chairman (SEAL) (OFFICIAL SEAL) ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of St. Lucie County, Florida "LESSEE" The foregoing instrument was acknowledged before me this day of 20 , by Charles Grande and , as Chairman and Ex-Officio Clerk respectively, of the Board of County Commissioners of St. Lucie County, Florida. He is personally known to me or has produced as identification. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Page 4 of 4 Amendment No. One to Lease No. 4621 Revised 01/07 OAL BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT HARBOR BRANCH Lease Number 4621 THIS LEASE AGREEMENT, made and entered into this �;O n d day of 20 W, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR", and ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as "LESSEE." LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: LESSORIS responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 2. DESCRIPTION OF PREMISES: The property subject to this lease, is situated in the County of St. Lucie, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "leased premises". 3. TERM: The term of this lease shall be for a period of fifty (50) years commencing on 11A, V -Q,-,�i_Do\() and ending on unless sooner terminated pursuant to the provisions of this lease. 4. PURPOSE: The LESSEE shall manage the leased premises only for the establishment and operation of the facilities as documented in Exhibit B and to conduct land management and mosquito control on the premises, along with other related uses necessary for the accomplishment of this purpose as designated in the Land Use Plan required by paragraph 8 of this lease. 5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress and access and use of associated drainage areas, utilities and utility corridors necessary or appropriate to provide access, drainage, land management activities, including but not limited to, mosquito control management and restoration activities, and utilities to the leased premises over and across those easements appurtenant to LESSOR's title to the leased premises for the full quiet enjoyment by said LESSEE of the rights conveyed herein; together with reasonable ingress, egress, access and use necessary or appropriate to provide access, drainage, land management activities, including but not limited to, mosquito control management and restoration activities, and utilities for LESSEE'S exercise of the rights conveyed herein over those roads, utility corridors and drainage areas currently in existence and used for the benefit of the leased premises over, across and under the real property subject to Lease Number 4620 by and between LESSOR and Florida Atlantic University Board of Trustees dated as of the same date hereof and contiguous with the leased premises (the FAU Premises); subject to reciprocal uses over existing roads, utility corridors and drainage areas on the leased premises necessary or appropriate for Florida Atlantic University's management of the FAU Premises; together with the right to (a) extend a boardwalk from Parcel B over the wetlands on Parcel L that will terminate at the parking area outside the fence at the main entrance to the FAU Promisee on Parcel L; (b) have access, ingress and egress through the main gate entrance of the PAU Premises to obtain access to the earthern berm area located on Parcel B, as identified on the survey referenced below, to conduct land management and mosquito control activities and to bring equipment on the premises for these purposes and (c) access and utilize the portion of Parcel L located outside the entrance gate of the PAU Premises for parking of up to ten (10) two axle care or light trucks for management of and public access to Parcel B; provided, however, that (i) LESSOR shall obtain written approval from the PAU Board of Trustees with respect to the design and location of the boardwalk, with the understanding that minimum dimensions necessary for public use as required by the appropriate permitting authority will be utilized in the boardwalk's design; (ii) all contractors performing work on the PAU Premises shall have general liability and automobile insurance Page 2 of 28 Lease No. 4621 R10/0i `/ led of $1,000,000 naming the FAU Board of Trustees as an additional insured, (iii) the parking rights shall be nonexclusive and between the hours of 6 am and 10 pm only (no overnight parking); (iv) LESSER shall not alter the FAU Premises in any manner without the prior written coordination, consent and permitting by the FAU Board of Trustees; and (v) LESSEE shall assume responsibility for claims and/or damages pertaining to the rights set forth herein. If Harbor Branch Oceanographic Institute Foundation, Inc. reserves and improves an easement over the parking area or FAU desires to relocate the parking area in connection with site improvements and/or modifications to the FAO Premises, then the FAU Board of Trustees and LESSEE will mutually agree on an alternative parking area outside of the controlled access area of the PAD Premises for county and public access to Parcel B. The parcel identifications referred to herein are those referred to in that certain Boundary Survey for Indian River Lagoon Blueways prepared by Houston, Schulke, Bittle & Stoddard, Inc., project #07-026. 6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformance with this lease. 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. S. LAND USE PLAN: LESSEE shall prepare and submit a Land Use Plan for the leaned premises, in accordance with Section 253.034, Florida Statutes. The Land Use Plan shall be submitted to LESSOR for approval through the State of Florida Department of Environmental Protection, Division of State Lands. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of LESSOR until the Land Use Plan is approved. LESSEE shall provide LESSOR with an opportunity to participate in all phases of preparing and developing the Land Use Plan for the leased Page 3 of 28 Lease No.4621 aIaoa premises. The Land Use Plan shall be submitted to LESSOR in draft form for review and comments within ten months of the effective date of this lease. LESSEE shall give LESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. LESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Land Use Plan required herein has been submitted and approved. Any financial commitments made by LESSEE which are not in compliance with the terms of this lease shall be done at LESSSE'S own risk. The Land Use Plan shall emphasize the original management concept as approved by LESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are to be managed. The approved Land Use Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by LESSEE and LESSOR. LESSEE shall not use or alter the leased premises except as provided for in the approved Land Use Plan without the prior written approval of LESSOR. The Land Use Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Land Use Plan. 9. EASEMENTS: All easements including, but not limited to, utility easements are expressly prohibited without the prior written approval of LESSOR. Any easement not approved in writing by LESSOR shall be void and without legal effect. 10. SUBLEASES: This lease is for the purposes specified herein and subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 11. RIGRT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right at any and all times Page 4 of 28 Lease No.4621 RiOM to inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. 12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures and improvements shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of LESSOR as to purpose, location and design. Further, no trees other than non-native species shall be removed or major land alterations done by LESSEE without the prior written approval of LESSOR. Removable equipment and removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE upon termination of this lease. 13. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the leased premises. The liability insurance coverage shall be in amounts not leas than $100,000 per person and $200,000 per incident or occurrence for personal injury, death, and property damage on the leased premises. Such policies of insurance shall name LESSOR, the State of Florida and LESSEE as additional insureds. LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this lease and shall submit annually thereafter, written evidence of maintaining such insurance policies to the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. LESSEE shall purchase all policies of insurance from a financially -responsible insurer duly authorized to do business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Chief Page 6 of 28 Lease No. 4621 MMS Financial Officer, State of Florida. The certificate of self- insurance shall provide for casualty and liability coverage. LESSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this lease. 14. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed an an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the leased premises or to the improvements thereon, including any and all ad valorem taxes and drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the leased premises. 16. NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by LESSOR. 17. TIME: Time is expressly declared to be of the essence of this lease. Page 6 of 28 Lease No. 4621 RIDMA `W 18. NON-DISCRIMINATION: LESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 19. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having all utilities turned off when the leased premises are surrendered. 20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring and recovering oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein shall be fully compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. 21. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and other records relating to this lease, and LESSOR shall have the right to either audit such records at any reasonable time or require the submittal of an annual independent audit by a Certified Public Accountant during the term of this lease. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. 22. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. LESSEE acknowledges that the following areas Page 7 of 28 Lease No.4621 R10108 %tow, %NO referred to in the Limited Phase II Environmental Site Assessment dated October 16, 2009, prepared by WRS Infrastructure & Environment, Inc., on the leased premises contain Arsenic above the Florida Department of Environmental Protection's (FDEP) residential (rem) Soil Cleanup Target Level (SCTL): • SS-23 - Parcel E - FCT • Zoned as Planned Mixed Use Development • Arsenic above the FDEP residential SCTL_ • SS-10 - Parcel B - FCT • Arsenic above the FDEP residential SCTL LESSEE acknowledges that the leased premises is subject to certain institutional controls related to hazardous substances on the leased premises, which controls consist of restrictive covenants limiting or prohibiting certain uses of portions of the leased premises. LESSEE covenants and agrees to manage the leased premises in accordance with the restrictions and prohibitions applicable to the leased premises. The Land Use Plan, referenced in paragraph 8, shall contain specific information concerning the removal of exotica and any other management activities that will occur in these areas. 23. COMPLIANCE WITH LAWSz LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 24. NOTICE: All notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: LESSOR: State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration, M. S. 130 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 LESSEE: St. Lucie County, Florida Page 8 of 28 Lease No. 4621 R10IN %d 2300 Virginia Avenue Fort Pierce, Florida 34982 25. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within sixty days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within sixty days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the coat of recovering the leased premises and attorneys' fees or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 26. DAMAGE TO THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises or adjacent properties, or any part thereof. (b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or Page 9 of 28 Lease No. 4621 R1010Y updated from time to time. In the event of LESSEE'S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the leased premises, and (2) all off -site ground and surface waters and lands affected by LESSEE'S failure to comply, as may be necessary to bring the leased premises and affected off -site waters and lands into full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. LESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this lease. This paragraph shall not be construed as a limitation upon the obligations or responsibilities of LESSEE as met forth herein. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by LESSEE'S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state, or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release, or discharge of any contaminant, LESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reporting periods of the applicable governmental agencies. 27. ENVIRONMENTAL AUDIT: At LESSOR'S discretion, LESSEE shall provide LESSOR with a current Phase I environmental site assessment conducted in accordance with the State of Florida Department of Environmental Protection, Division of State Lands' standards prior to termination of this lease, and if necessary a Phase II environmental site assessment. Page 10 of 28 Lease No. 4621 n1oros 28. SURRENDER OF PREMISES: Upon termination or expiration of this lease, LESSEE shall surrender the leased premises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give written notification to LESSOR and the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or all of the leased premises. Notification shall include a legal description, this lease number, and an explanation of the release. The release shall only be valid if approved by LESSOR through the execution of a release of lease instrument with the same formality as this lease. Upon release of all or any part of the leased premises or upon termination or expiration of this lease, all improvements, including both physical structures and modifications to the leased premises shall become the property of LESSOR, unless LESSOR given written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination or expiration of this lease shall be at LESSOR'S sole discretion. Prior to surrender of all or any part of the leased premises a representative of the Division of State Lands, State of Florida Department of Environmental Protection shall perform an on -site inspection and the keys to any building on the leased premises shall be turned over to the State of Florida Department of Environmental Protection, Division of State Lands. If the improvements do not meet all conditions as set forth in paragraphs 19 and 35 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 29. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR or other land managing agencies for the protection and enhancement of the leased premises. Page 11 of 28 Lease No. 4621 RIOM8 30. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. 31. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 32. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. The Land Use Plan prepared pursuant to Chapter 16-2, Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the leased promisee. 33. SOVEREIGNTY SUBMERGED LANDS: This lease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 34. ENTIRE UNDERSTANDINGS This leave sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR. 35. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, removing all trash or litter, Page 12 of 28 Lease No. 4621 RIMI %0/ •14 maintaining all planned improvements as set forth in the approved Land Use Plan, and meeting all building and safety codes. LESSEE shall maintain any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease. 36. GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the State of Florida. 37. SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. 38. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative fee of $300 pursuant to subsection 18-2.020(8), Florida Administrative Code. The initial annual administrative fee shall be payable within thirty days from the date of execution of this lease agreement and shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution. For purposes of this lease agreement, the fiscal year shall be the period extending from July 1 to June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. 39. SPECIAL CONDITIONS: The following special conditions shall apply to this lease: Please see Exhibit "B" attached hereto and made a part hereof. The provisions of Exhibit "B" are in addition to and not in substitution of the provisions of this Lease. IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. �/,K�/']]^'�/ tna WDDCA�� Prin /Type Tame Witnees T17 Fig, 1 \ CAL �u Print/Type Name Page 13 of 28 Lease No. 4621 RIGM8 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By : �& Lila 6l_ 0. t�)a� ( SEAL ) GLORIA C. BARBER, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "LESSOR" %4W n STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this Z.Z46 day of R P,tv L , 20/0, by Gloria C. Barber, as Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public, State of Florida Print/Type Notary Name #M7gvm Qa Commission Number: �......... OF� Commission Expires: Approved o orm ad Le al y By: D P Attorney ST. LDCIE COUNTY, FLORIDA by its Board .of 'County Commissioners L�4U 1 By: Wit�eBa Charles or e, Chu O int/ Is C � � � b AUS I (OFFICI� Print/Type Name *` ATTEST: " County t r and Ex-Officio Clerk o t Soard of County Commissioners of St. Lucie County "LESSEE" Page 14 of 28 Lease No. 4621 RIWOR ..0 STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was of March, 2010, by Charles Grande and Ex-Officio Clerk of the BOCC the Board of County Commissioners are personally known to me. acknowledged before me this 23rd day and Joseph E. Smith , as Chairman respectively, on behalf of of St. Lucie County, Florida. They N t ry Public, State of 1orida JoAnn Marie Riley Print/Type Notary Name Commission Number: DD 832769 Commission Expires: December 4, 2012 FCT ACKNOWLEDGEMENT OF LEASE Reviewed and Approved by: Ken Reecy, Commun Program Manager Florida Community Trust Page 15 of 28 Lease No. 4621 RIaoa J Enhibrt "A" PARCH, A: A PARCEL OF LAND IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LYING WEST OF U.S HIr.,HWAY NO. 1 (200 FOOT WIDE RIGHT OF WAY► IN SECTION B, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUOE COUNTY, FLORIDA AND IN TRACT B OF PLAT OF L.W. HALRE LAND, RECORDED IN PLATBOOK % PAGE .18, OF THE PUBLIC RECORDS OF S'T. LUCIE COUNTY, FLORIDA BEING DESCRIBCD AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, (WEST 1/4 CORNER SECTION 8); TIIENCE RUN N89'5T08"E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF 1HE SOUTHWEST 1/4 OF SAID SECTION 8 A DISTANCE OF 3611.25 FEET 101I-IF POINT OF BEGINNING THENCE 524'36'3A"E A DISTANCE OF 401.45 FEET; THENCE N89'54'55"E A OISTANCE OF 300.00 FEET MORE OR LESS TO A POINT ON THE WESTERLY RICH? OF WAY LINE OF U.S. HIGHWAY NO. 1, AS THE SAME NOW EXISTS; THENCE RUN S24'37'16"E ALONG SAID WESTERLY RIGHT OF WAY LINF A DISTANCE OF 545.48 FEET TO THE SOUTHEAST CORNER OF SAID TRACT 8; THENCE LEAVING SAID RIGHT OF WAY LINE RUM S89'57'08'W ALONG THE SOUTH LINE OF SAID TRACT 8 A DISTANCE OF 504.9E FEET TO THE SOI11'HWEST CORNER OF SAID TRACT B; 1HENCE RUN NZU'23'32"W ALONG IHE WEST LINE OF SAID TRACT 8 A DISTANCE OF 400.17 FEET; THENCE LEAVING SAID WEST LINE OF TRACT R, RIJN NRR'20'35"E A DISTANCE OF 19.14 FEET; THENCE RUN N27'57'06"W A DISTANCE OF 549.19 FEET; THENCE RUN N39'57'08"E ALONG THE NORTH U14E OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION RA DISTANCE OF 188.25 FEET TO THE PCHNT OF BEGINNING. 'ND YAR L B EA$ F OF"AILRO61).' THE SOUTH 112 OF THE SOUTHEAST 1/4 OF THE 501IT'HWES1 114 AMD THE SOUTH 1/2 OF GOVERNMENT LOT 3, IN SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST LUCIE COUNTY, FLORIDA AND IHC SOUTIIWLST 1/4 OF THE SOUTHWEST 1/4, LYING EAST OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY IN SECIION S, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST, LUCIE COUNTY, FLORIDA. AND THE EAST 1/7 OF THE NORTHWEST 1/4 OF THE NORTHFAST 1/4 AND ALL OF GOVERNMENT LOT' 1 AND Inman Rrvwr I a,RCR skwQ " Nwbw N vmh, T CT, SL w0l. CNRIy 1111 Rp &.: 005.lb Pales 1 or 9 Page 16 of 28 Lease No. 4621 1110Mi Date: D2.25.10 `W J Exhibit "A" THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 ALL IN SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EASI, ST. LUCIE COUNTY, FLORIDA, AND THAT HART OF THE NORTHWEST 1/4 OF THE. NORTHWEST 1/4; THE SOUTHEAST 114 OF THE NORTHWEST 1/4; THE NORTHEAST 114 OF THE NORTHWEST 1/4, AND THC WEST 20 .ACRES OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 LYING EAST OF THE FLORIDA EAST COAST IIAILWAr, ALI. IN SECTION 3, TOWNSHIP 34 SOUTH; RANGE 40 EAST; ST, LUCIE COUNTY, FLORIDA LESS AND EXCEPT OLD CITRUS GROV A POR"Flom OF LAND IN SECTION S AND SECTION C, LYING EAST OF THE. FLORIDA EAST COAST RAILROAD RIGHT OF WAY, IN TOWNSHIP 34 SOUTH, RANGF. 40 EAST, ST. LUCIE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MORTHWEST CORNER OF SAID SECTION 0. RUN 599'55'41"E ALONG THE NORTH LINE OF SAID SECTION 8, SAID LINE ALSO KING THE SOUTH LINE OF SAID SECTION 5, A DISTANCE OF 1068.47 FEET MORE OR LESS TO THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COATI RAILROAD 1.00 FOOT RIGHT OF WAY FOR THE POINT OF BEGINNING - THENCE RUN S89'55'41"E A DISTANCE OF 1.1.80 FEET; THENCE RUM NOO'10'34"E A DISTANCE OF153.20 FEET; THENCE RUM 589'55'AI"E A DISTANCE OF 233.69 FEET; "THENCE RUN 500'00'00"E A DISTANCE OF 153.20 FEET TO A POINT ON THE SAID NORTH LINE OF SECTION R; THENCE RUN S89'55'41"F A DISTANCE OF 7914.44 FEET'; THENCE RUN S00'09'48"W A DISTANCE OF 1323.25 FEET; THENCE RUN N99'59'16"1V A DISTANCE OF 1692.99 FEET TO A POINT ON TH£ SAID EASTERLY RIGHT OF WAY OF THE FLORIDA EAST C0.A5T RAILROAD; THENCE RLIN N22'44'45"1P1 A DISTANCE OF 734.57 FEET TO THE POIM'T OF CURVATURE OF A, CURVE CONCAVE TO NORTHEAST, THE RADIUS POINT TO WHICH REARS M67'15'15"E A DISTANCE OF 1).,472.19 FEET, "THENCE RUIN NORTHWESTERLY ALONG THE ARC OF SAID CH RI VE HAVING A RADIUS OF 11,122.19 FEET, THROUGH A CENTRAL ANGLE OF 03"17'34", ,AN ARC DISTANCE OF 639.82 FEET TO THE POINT OF TANGENCY; THENCE RUN Pll9'37.'11"W A DISTANCE OF 5.79 FFET TO THE POINT OF BEGINNING,. AND LESS AND EXCEPT .dlan R'll 1.9— Rh,".rays, Harhu 9m"ch. 7R, St, lrtEic r—ky Lmt Revved; 01.75.70 Page 2 of 9 Page 17 of 26 Lease No. 4621 R 10ro8 Dalc: 02.7.5 10 `r Iwo Exhibit "A" PAP.CEL L. A PARCEL OF LAND LYING IN THE NORTHWEST V, AND 111E NORTHEASTA OF SECTION 8 ANU THE NORTHWEST V. OF SECTION 9; lOWNSHII' 34 SOUTH; RANGE 40 EAST; ST. LUCIE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8, RIJN N00.16'34"E ALONG THE EAST LINE OF SAID SECTION 8, A DISTANCE OF 50.00 FEETTO A POINT ON THE NORTH RIGHT OF WAY LINE OF WILCOX ROAD, THENCE RUN S49'48'22"W ALONG THE SAID NORTH RIGHT OF WAY OF WILCOX ROAD, A DISTANCE OF 2,049.71 FEET MORE OR LESS TO A POINT ON THE EASTERLY RIGHT Or WAY LINE OF THE FLORIDA EAST COAST RAILWAY, 100 FOOT RIGHT OF WAY, THENCE RUN N?0"42'10"W ALONG THE SAID EA5lEHLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A 0151A4CE OF 1,316.55 FEET TO A POINT OF CURVATURE 01 A CURVE CONCAVE TO THE SOUTHWEST, THE RADIUS POINT TO WHICH BEARS S69-17'SO"W, A DISTANCE OF 11,509.19 FEE1, THENCE CONTINUE NORTHWESTERLY ALONG THE SAID EASTERLY RIGHT OF WAY LINE ON THE. ARC OF SAID CURVE HAVING A RADIUS OF 11.509.19 FEET, THROUGH A CENTRAL ANGLE OF 00'12'47" AN ARC DIS'FANCF OF 42.80 FELT TO A FUUNU IRON ROD AND CAP, STAMPED H0#6905: THENCE RUN 589"5I'47"W, A DISTANCE OF 13.91 FEET 10 A POINT ON THE. ARC OF A CURVE, CONCAVE TO THE SOUTHWEST, THE RADIUS POINT TO WHICH BEARS 569'0319"V;, 11496.19 FEET, THENCE CONTINUE NORTHWESTERLY ALONG 7I11 ARC OF SAID CURVE, HAVING A RADIUS OF 11496.19 FF.F.T, THROUGH A CEI,ITRAL ANGLE (IF 01"48'19", AN ARC DISTANCE OF 362.24 fEET TO THE POINT OF TANGENCY; THENCE RUN N2"<'44'4S"W, ALONG THE. SAID EAST RIGHT OF WAY LINE OT THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 1D69.111 FEF.1 TO THE SOUTH I.INE OF THE NORl HWEST 114 OF SAID SECTION 8, AND TILE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND, THENCE CONTINUE ALONG THE SAID EASTERLY RIGHT OF WAY I.INF• OF THE FLORIDA IASI COAST RAILWAY N22'44'45"W, A DISTANCE OF 379.99 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE OF 111E FLORIDA FAST COAST RAILWAY RUN NBJ"STIl"E, A DISTANCF OF 2011.95 FEET; 1IIENCE RIJN 300'00'S1"W, A DISTANCE OF 73.77 FEET; THENCL RIJN N89'57'11"E, A DISTANCF OF 163.87 FEET; THENCE RUV S00"00'51"W, A DISTANCE W 95.04 FEET; THENCE RUN M89'57'11"E, A DISTANCE OF 998.86 FEET MORE OR LESS TO THE MEAN HIGH WATER LINE ON THE WESTERLY SHORE OF THE INDIAN RIVER, THENCE RUN SA5'OO'OS"F ALONG SAID MEAN HIGH WATER LINE A DISTANCE OF 107.92 FEET, THENCE RUt4 Stlltm'17"E A DISTANCE OF 97.48 FEET, THENCE RUN S53'05'21"E ALONG SAID MEAN HIGH WATER LINE A DISTANCE OF 95.06 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHWEST X OF SAID SECTION 9; THENCE LEAVING SAID TAEAN HIGH WATER LINE RUN 589'57'11"W ALONG THE SOUTH LINE OF THE NORTHWEST OF SECTION 9, A DISTANCE OF 141.59 FEET TO THE. SOUTHEAST CORNER OF THE NORTHEAST Y. OF SECTION 8; THENCE S89"i7'11"W ALONG THE IMl"n IIww I"R Blumovs, FCI, St. Lum. C—tv L"/1 Bwlted: 112.25,10 Page 3 of 9 page 18 of 28 Lease No. 4621 RiOMB Date'02.25.10 Ezhiait "A" SLI(ITH I1NF OF THF NORTHEAST % OF SECTION 11, A DISTANCE OF )(339.14 FEE'' TO TIIF SOUTHWEST CORNEA OF THE NORTHEAST % OF SAID SECIION B; 1NCNCE RUN S09'57'08" V.' AI ONG THE SOUTH LINE OF IHF, NORTHWEST,; OF 5,411) SECTION tl, A UISIAMCF CIF 466.03 FEET TO THE POINT OF BEGINNING. AND FAF},CEh 11- Y85T nF LAABOAV, THAT PARTOF THE SOLII14EASI 1/4 OF THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP •'14 SOUTH, RANGF 40 EAST, ST. LUCIE COUNTY, FLORIDA, IYING WEST OF THE FLORIDA EAST COAST RAILROAD RIG14T OF L4'AY AND EAST OF THE EASTERLY m6H7 CYF WAY OF OLD DIXIE HIGHWAY {5 R. 6051 AS MAINTAINED BY S1. LUC1E COUNTY. LESS AND EXCEPI COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST 9 OF SAID SECTION 8; THENCE SC9'57'09"W ALONG THE SOUTH LINE OF THE MORTHWEST 1/4 OF SAID SECTION A A DISTANCE 698.53 FFET TO ME POINT OF AEGINNING: THENCE N27'I9'3(YW A DISTANCE. Or 55.78 FEfT: THENCE RUM N27'03'49" tM A r)MTANCF OF ivo,on F£F?,• THFNCF RUP! N26'29').6"yll A 11ISTANCE OF 15.00 FEET; THENCE RUEN, N65'30'34"F A DISTANCE OF 2G.30 FEET; ME-NCF, RUN 521'03'49"E A DISTANCE OF 26.47 FEET TO A POINT OF LURVAILME OF A CURVE CONCAVE TU THE NORIHLASI; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CARVE HAVNG A RADIUS OF 8S.00 FEET, THROUGH A CENTRAL ANGLE OF 31'26'35", A DISTANCE OF 46.65 FEET TO THE POINT 01- TANGENCY; IHtNCE PLIN S5fl'30'24"E A DISTANCE OF 29.63 FEET TO A POINT Of CURVATURE OF A CURVE CONCAVF TO THF SOUTHWESI, THENCE. RUN SOUTHEASTERLY ALONG THE. ARC OF SAID CURVE HAVING A RADIUS OF 115.On FEFT, THROUGH A CENTRAI. ANGLE Of 16.34'32", A DISTANCE OF 33.27 FEET 70 THF. POINT OF TANGENCY; THENCE RUN S 41'55*52"F. A DISTANCE OF 73.23 FM; THENCE RUN ?If;9'57'""E A r;1,F!vHC1:. Of ?O.10 FEETTO A POTENT ON THF ?"PEST RIGHT OF'.t1AY LINE Or THF FLC1RiDA 5A.S'i' COA51 R:AII. MAY; THENC', RUPI AI.ONG SAID WC5T RI13HY OF `NA.Y LINL Or THE FLORIUtA EAST COAST TIMLVIMY S22'44'45"E A LISTANCE OF J6.7f FEET, I11ENCE LEAVING SAIL WEST RIGHT OF ktIAY LINE OF 'I HE FLORIOA EAST COAST RAILWAY, RUN 589"5 J'03"W A DISTANCE OF 1Jd..10 FEET TO T4E POINT OF BEGINNING AND c r.BC[l5 ►pK�LG.AILI'�Ai? �.A_RCD P an�El c; Dato: 02_2s.1D IMl!P.� ILr G7 t,q.- 01uwayf, N�ib[n ft—h, IKT, il. Umv. Ca,My tv,l Re.frnC: J 4.75.1D Page 19 of 28 Lease No. 4621 R10/0B %NW .J Exhibit "A." A PARCEL nF LAND LYING AND BEING IN THE. NORTHWEST 1i4 OF THE SOUTHWEST 1/4 AND 'THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSIIIP 34 SOUTH, RANGF 40 FAST, ST. LUCIE COUNTY, FLORIDA AND BEING DESCRIBED AS FOLLOWS' COMMENCE AT THE NORTHWEST CORNER OF Tl1E SOUTHWEST % OF SAID 5ECTION 8; THENCE RUN NORTH B9957'08" EAST, ALONG THE NORTH LINE OF SAID SOUTHWESI N, A DISTANCE OF 888,17 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S HIGHWAY NO 1; THENCE SOUTH 242371.6" EAST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID U. S HIGHWAY NO. 1, A DISTANCE OF 580.29 FEETTO THE POINT OF BEGINNING: THENCE NORTHEASTERLY ALONG THE ARC OF A NON TANGENT CURVE LUNLAVE TO THE NURDIWCSI, HAVING A RADIUS OF ?.50.00 FEET, THROUGH A CENTRAL ANGLE OF 50910'06" FOR A DISTANCF OF 131.34 FEET (SAIL) ARC SUBTENDED RY A CHORD N33932102"E A DISTANCF OF 227.19 FEET), TO ,A POINT UP TANGENCY; THENCE N08927'00"E A DISTANCE OF 202.31 FEET TO A POINT OF INTMSEC'110N WITH A NON -TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF S65.39 FEET; THFNCF. EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12e1B'17' FOR A DISTANCE OF 121..42 FEET (SAID ARC SUBTENDED BY A CHORD N82119'51"E A DISTANCE OF 121.19 FEET) TO A POINT OF INTERSECTION WITH A NON -TANGENT LINE; THENCE S45e34'33"E A DISTANCF OF 219.32 FEET; THENCE N43919'08"E A DISTANCE OF 242.02 FEET; THENCE EAST A DISTANCE OF 339.88 FEET MORE OR LESS TO A POINT ON WEST RIGHT OF WAY LINE Of OLD DIXIE HIGHWAY, (S.R. 605), PER THE. STATE ROAD DEPARTMENT MAINTENANCE MAP, SECTION 94040-2503, AS RECORDED IN PLAT ROOK 19. PAGE 22, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THFNCF 527903'49"F ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY (S.F. 6051 A DISIANCF OF 124.12 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINL Of OLD DIXIE HIGHWAY, RL1N 567^01'29"W A DISTANCE OF 240.46 FEET; THENCE SOOPOD'00"E A DISTANCE OF 1.03.65 FEET; THENCE N69457'011"E A DISTANCE OF 27.11 FEET; THENCE 500917'02"W A DISTANCE OF 34 4S FEET; THEN(.F N89"57'08'E A DISTANCE OF 150.22 FEET TO A POINT OF INTERSECTION WITH A NON-TANGFPJT CURVE, CONCAVE. TO THE MORTH HAVING A RADIUS OF 123.62 FEET; THENCE SOUTHEASTERIY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF B0911'08" FOR A DISTANCE OF 173.01 FEET (SAID ARC SUBTENDED BY A CHORD S7Be53'D6"E A DISTANCE OF 159.23 FEET) TO A POINT OF INTERSECTION WITH A NON -TANGENT LINE; THENCE S2792VDO"E A DISTANCE Or 14.50 FEEI; THENCE N62039'00"'E A DISTANCE OF 19.47 FEET MORE OR LESS TO A POINT ON THE NEST RIGHT OF WAY LINE OF SAID OLD DIXIE HIGHWAY (S.R. 605); THENCE S27121'00"F. ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY A DISTANCE OF 29.15 FEET; THENCE S2S937'53"E A DISTANCE Of 100.02 FEED; THENCE 527903'49"E A DISTANCE OF 100.00 FEET; THENCE 5250STD4"E A DISTANCE OF 100.01 FEET; THENCE S27e30'54"E A DISTANCF OF S.72 FEET; THENCE, LEAVIWi SAID WESTERLY RIGHT-DF- WAY LINE OF 0I-11 DIXIE HIGHWAY RIJN S89957'(M"W, 1070.94 FEET; THENCE N24937'16"W A DISTANCE OF 366.46 FEET TO THE POINT OF BEGINNING. Page. S of 9 Page 20 of 28 Lease No. 4621 RID = Date. (12 1:).10 Eithibi•t ' lNt' t F'" A.n!I) f XCCPT I HA' "(Wr!VIV '!F I!* PARCEL fl4A.INTAIN170 ^Y Sr, it WrF CoI.IN-Y A.$ 1-1 PAP, I"WR. t-W- rwgv. ;+.NP PARCEL U: THE MORTIS 328.60 FEET OF THAT PART OF THE VORTH 13 A(,RES OF TIIF NORTHE,%'l 1/4 OF THF S0UTFnkE5T 1/4 OF SEr.71ON 8, TOWNSHIP R:I SO1.1T11, FIVIGE 40 FAST, ST. LUCIL COUNTY, FLORIDA, I,Y1MG, E.A 5T OF THE E&U RIGIIT OF V/AY LINE OF Ol,r) CHXiF- HIGHWAY AS NA•AINTA!rd;a) RY ST L11CIE COU111T0' AND LYING WEST OF THE WFSTI'MV RICITT Of WAY LINE OF 7N^-LORIOA FA. I [OAST RARROAD RIGHT OF WAY. A:1.1 D ALL TIIA'r PART OF THE SOUItI lMAO FLF-T OF IMF. 140M I1 429.00 FEET OF THE NORTHEAST 1/4 OF THE SOLITIIMJF_'ST 1/4 OF SAID SECTION 3, TOWNSHIP 34 SOLITH, RANIGF- 40 EAST, LYING FASTER! V OF OLD DIM HIGHWAY RIGHT OF WAY AS FAAINFAINEU BY 51. L.UCr COUNTY AND LYING WESTCRI `' QF TIIE FI.ORIOA tASI COAST RAILROAD RIC`ITOF WAY.. AM I) ALI,'IIIAT PART OF 1HE SCUTliERLY 7.rO CHAINS, (461M FEFT), OF THF. NORTHERLY 13.50 CILIINS. (991.R0 FFEI), OF THE NORTHEAST 1/4 OF THE SOUTHMIEST !14 OF SAID SECMM M. "ILANNSIIIP 34 SOLITH, RANGE 40 FAST, ST LLICIF. COUNTY, FLORIDA, LYWG EASTERLY OF OLEO DU(IE IIIGHVJAY RIGHT OF WAY AS MAIN IAINFD DY ST, OX.IF COUNI rl AND %VMfFgLY OF THF, FLORIDA I-'AS'r C?),ASI RAILROAD RIG-H F OF WAY. tF=SANDr(iCR COMIVIFMCE AS rK NOATNF_PST (TIRNFR OF 1FIF SO1I IH11a.31 ;. Of ,S MO SECTION 1; T";!F:NCL SR9'S7'00"W A10MG, THF NORTI+ I IN1 OF THE SOUTFIWES'; 1./4 OF AIIJ Sk(_":TON R f DISTANCE 69.5.53 FFFT M TIIF ^OIH'1 OF 3F:GIMMING: ITI'cNCr IILIM N34'51"OR" f .A PrAPOICC OF l l� :0 F-FT 70 A POINT ON 1:W ,?lUT RIGHT OF' W.AY LING OF 1!}� VLO111UP. EAS) �,:(I+',SF RAILPtOAU; THEr!CF RIJN AIONG SAID RIGHT OF IWAY LfrdE Of --ME FLORIDA. EAST COAST RAILROAD '07.'4,"45"E A OISTANC:F OF 09,13 FEET; THENCE LEAVING, SAID PIGI IT OF WAV LIME OF TIIF FLOTIMA EAST COAST RARROAD, RIRJ MFIMM'00"W A DISTANCE OF 99.81 FEE1; THENCE 9LIN A OISTAMCE OF F0.76 FI:F.T: TIIFNCF RIIM N'S"77'W"I r, D15TAMU 0= 3.'013 TWFNCF ?.UN td; ;''4n'.10"1! A,-ISTArjCF OF nr,.7' F ::1`7(? r'.;I. 1':?tr11 nF }ESiC:F!hu In:flan f Nrr•r I :1!IRlM t{IV :'n•ips, N:;thn• —wh. rcT, ,Sl. tI h cl-tv wn P.-a-, • n, ron Name G of 9 Page 21 of 28 Lease No. 4621 R10193 U'ite:02.1 .11 \✓ J Exhibit "A" AND PARCEL E: THE SOUTH 313.28 FEET OF THAT PART OF SECTIONS 8 AND 9, TOWNSHIP 34 SOLITH, RANGE. 40 EAST, ST. LUCIF COUNTY, FLORIDA, LYING FAST OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY: LESS AND EXCEPT 1'HE SOUTH 50 FEET THEREOF. A140 EAST PORTION OF PARCFI. F. A PORTION OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTIM) 8, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT 1HF. SOUTHEAST CORNER OF SAID SECTION 8, Rl1N NOO'16-34"E ALONG THE EAST LINE OF SAID SECTION 8 A DISTANCE OF 50,00 FEET TO A POINT ON THE NORTH RIGHT OF WAY I INF OF WILCOX ROAD; THENCE RUN S89"48'27" N! ALONG THE SAID NORTH RIGHT OF WAY LINE OF WILCOX ROAD A DISTANCE OF 2049.71 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF 1HE FLORIDA EAST COAST RAILWAY 100 FOOT RIGHT OF WAY; THENCE RUN N20'42'10"W ALONG TIIE SAID EASTERLY RIGHT OF WAY LINE OF'I'HI FLORIDA EAST COAST RAILWAY A DISTANCE OF 813.99 FEET; (HENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE RUN N.89"48'22"E A DISTANCE OF 2019,17 FEET TO THE POINT OT BEGINNING OF THE HEREIN DESCRIBED PORTION OF LAND: THENCE RUN N89"4R'22"E A DISTANCE. OF 322.98 FEET; THENCE RUN SOW1,614^W A DISTANCE OF 499.1.4 FEET; THENCE KIN $89'48'22"VI A DISTANCL OF 0.26 FEET; THENCE RUN NDD'11'3R"W A DISTANCE OF 64.10 FEEL; THENCE RIIN PI1.4'49'3G"W A DISTANCE OF 99.52 FEE[; THENCE RUN N89'46'23"W A DISTANCE OF 40.74 FEET; THENCE RUN N14"09'01"W A DISTANCE OF1R1.116 FEET; THENCE RUN N59"10'02"W A DISTANCE OF 87.69 FEET; THENCE RUN N36'30'Z""1':2 A DISTANCE; UF),15.10 FEFT "O THE POINT OF RFGINNING NBC PARCEL P: A PORTION OF LAND LYING IN THE SOUTHEAST 114 AND SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNT(, FLORIDA AND THE SOUTHWEST 114 OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COIINTY, FLORIDA AND BEING MORE PARTICUI ARLY w"r, A", Iasw BR . ey'. MAIbty Frm c), f[T, st. L.C. County 00 R-mo& 02.25.10 Page 7 of 9 Page 22 of 28 Lease No. 4621 RIOM Nate: 02-25.10 v 14 Exhibit "A" DESCRIBED AS FOLLOWS: COMMENCING Al THE SOUTHEAST CORNER OF SAID SECTION 8, RLIN N00'16'34"F. ALONG THE EAST SINE OF SAID SECTION 8, A DISTANCE OF S0.D0 FEET TO A POINT ON THE NURTH RIGHT OF WAY LINE OF WILCOX ROAD; THENCE RUN S89'48'22"W ALONG THE SAID NORTH RIGHT OF WAY LINE OF WILCOX ROAD, A DISTANCE OF 2D49.71 FEET, MORE OR LESS, TO A POINT ON IHE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY 100 FOOT RIGHT OF WAY; THENCE RUN N20'42'10"W ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF THE FLORIDA FAST COAST RAILWAY A DISTANCE OF 1080.90 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE N20'42'10"W ALONG IFJL SAID EASTERLY RIGHT OF WAY LINE A OISTANCF OF 235.76 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, THE RADIUS POINT 10 WHICFI BEARS S69'17'50"Nl A DISTANCE OF 11,509.19 FEET, THENCE RUN NORIHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS Of 11,509.J.9 FEET, THROL1LiH A CEN'i RAI ANGLE OF 00'12'/17", AN ARC DISTANCE OF 42.90 FEET TO A FOUND IRON ROD AND CAF, STAMPED HELf6905; THENCE RUN S89'52'47"W, ,A DISTANCE OF 13.91 FEET TO A POINT ON THE ARC OF A CURVE, CONCAVE TO THE SOUTHWEST. THE RADIUS POINT TO WHICH BEARS S69'03'19"W, 11.496.19 FEET, THENCE CONTINUE. NOR I 4WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1149b.19 FLtl' THROUGH A CENTRAL ANGLE OF 01'45'01", AN ARC DISTANCE OF 351.19 FEET TO A FOUND IRON ROD AND CAP, STAMPED H886905; THENCE LEAVING SAID CURVE RUN N89'48'22"E, A DLSTANCE OF 302.AF FEET; THENCE RUN N00'11'38"W A DISTANCE OF 254.11 FEET; THENCE RUN N89'48'22"l A DISTANCE OF 421.27 FEET; THENCE RUN S00'1.1'38"£ A DISTANCE OF 33B.66 FEET; THENCE RUN N89'48'22"E A. DISTANCE OF 418.06 FEET; THENCE RUN N00.1138"W A DISTANCE OF 195.S3 FEET; THENCE RUN N89'48'22"E A DISTANCE. OF 304.47 FEEI;'(HENCE RLIN NDD'11'cI8"W A DGTANCE OF 141.79 FEET; THENCE RUN N9D'00'00"E A DISTANCE OF 430.28 FEET; THENCE RUN NOO'00'00"VJ A DISTANCE, OF 63.26 FEET; THENCE RUN 1`190'00'00"F A DISTANCE OF 126.85 FEET; THENCE RUN SA1'JO'U2"L' A DISTANCE OF 576.76 FEET; THENCE RUN N87'03'42"E A DISTANCE OF 81.12.77 FEET MORE OR LESS 10 A POINT ON THE MEAN HIGH WATER LINE OF THE WESTERLY SHORE OF THE INDIAN RIVER; THENCE RUN S!R'56'18"E ALONG SAID MEAN HIGH WATER LINE A DISTANCE OF 369.50 FEET; THENCE RUN SO(727'29"E, ALONG SAID MEAN HIGH WATER LINE 121.97 FEET; THENCE RUN 505'11'34"E ALONG SAID MEAN HIGH WATER LIME A OISTA14CE OF 42.31 FEET: THENCE RUN 502'23'35"F, ALONG SAID MEAN HIGH WATER LINE A DISTANCE OF 115.43 FEET; THENCE RUN 512'1.0'7.5"E ALONG SAID MEAN HIGH WATER Llt•IE A DISTANCE OF 131.91 FEET; THENCE RUN SO4'21'20"W ALONG THE SAID MEAN HIGH WATER LINE A DISTANCIE OF .106.19 FEET; THENCE RUN S29'02'52'E ALONG SAID MEAN HIGH WATER LINE A DISTANCE: OF 201.39 FEET; THENCE RUN S24"41'22"E ALONG SAID MEAN HIGH WATER I IN[ A UISTANCE OF 64.15 FEET MORE OR LESS; 1 HENCE LEAVING SAID MEAN HIGH WATER LINE RUN SR9*48'22"W, A DISTANCE OF 392.45 FEET; THENCE RUN N00'16'34"E, A DISTANCE. OF 749,14 FEEL; THENCE RUN S89'40'22-W, A DISTANCE OF 7436.72 FEET TO THE POINT OF BEGINNING. AND Imbnn lur LarRoon llwwnHL FCF, A. Lu,;, County L"Sl Ilnaed:OZ 75JG Page 8 of 9 Page 23 of 28 Lease No. 4621 Rioroll Date, 02.2.5.10 %Wf J Enhibit "A" 1'URTIn r o; I AND I PING IN THE SOUTHEAST 10 OI' 5EC'iION 0, TmmmN OP' 34 SGI/1 Ft, RANGE An Si. LUCIL COI MW. FLORID.4 AND MIN(-- r.AORE PARTICULARLY DESCRIBED 'S FP tAf)W5 COMMENCING AT TI;F. SOUTHEAST CORNER OF SAID SECTION B, RUN vNI00'16'34"E ALONG THE EAST LINE OF SAID SECTION R, A DISTANCE OF 50.00 FEET 10 A POINT ON THE NORTH RIGHT OF WAY LINE OF WILCOX ROAD; THENCE RUN 509'48'22"W ALONG THE SAID NORTH RIGHT OF WAY LINE OF WILCOX ROAD A DISTANCE OF 2049.71 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY 1DD FOOT RIGHT OF WAY; THENCE: PUN N!0'47'10"W ALON6 THE SA.10 EASTERLY RIGHT OF WAY LINE OF THE' FLORIDA EAST COAST RAILWAY A DLiTANCF OF 913.99 FEET; THENCE LEAVING 5.AID IN;TERLY RIGHT OF WAY LINE RUN D' FA?,V Or 701.9,17 1 Is HE f•OILlr OF REGINNING. TIIENC.E M'?2"SR'W"W ". nISTANCE OF217.,24 FEET; THENCE MU"2717"W A DC,l AFIi:1. Of '20Q 9A rEF i; F4FNI=: y00'l6'34"E A DISTANCE OF 59.6*- FEET TO A FOUND IRON ROD AND CAP, tiTAMPFD fISRSH6M.1,5; TWENCr NR9'4W22'E A DWANQ OF 607.7.3 FEET; THF.NC:E 500'W'74"W A DISTANCE OF 2.S0.00 FEE F; THFT•!CF 589'48'22" NJ A DISTANCE OF 322,98 FEEL TO TILL POINT Of- DE 31NNING Page 9of9 page 24 of 28 Lease No. 4621 euuos 1 EXHIBIT "B" FLORIDA COMMUNITIES TRUST SPECIAL CONDITIONS Partial funding was received from Florida Communities Trust ("FCT") to acquire the leased premises as a result of which the leased premises are subject to certain limitations provided in the FCT Grant Contract. As part and condition of the FCT funding, the LESSEE provided and FCT approved a Management Plan for the project site the terms of which are hereby incorporated herein by reference. LESSEE intends that the conservation and recreation values of the leased premises be preserved and enhanced in accordance with the Management Plan and the Land Use Plan, as it may be amended from time to time only after review and approval by FCT. All activities by the LESSEE shall be consistent with the Management Plan and the Land Use Plan. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of FCT. Any assignment made either in whole or in part without the prior written consent of FCT shall be void and without legal effect. EASEMENTS: All easements, including but not limited to, utility easements, flowage easements and access easements, are expressly prohibited without the prior written approval of FCT. Any easement not approved in writing by FCT shall be void and without legal effect. Any relocation of the existing utility lines or access roads shall require the written approval of FCT, which such approval shall not be unreasonably withheld. SUBLEASES: Subleases of any nature are prohibited, without the prior written approval of FCT. Any sublease not approved in writing by FCT shall be void and without legal effect. IMPROVEMENTS: All buildings, structures and improvements shall be constructed at the expense of LESSEE and shall require the prior written approval of FCT as to purpose, location and design. Further, no trees other than non-native species shall be removed or major land alterations done by LESSEE without the prior written approval of FCT. Page 26 of 28 Lease No. 4621 RIMS INSPECTION: FCT or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease and the FCT approved management plan. NO WAIVER OF BREACH: The failure of FCT to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of FCT of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by FCT. NOTICE: All notice given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. FCT hereby designates their address as follows: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 MODIFICATION OF SPECIAL CONDITIONS: Either LESSEE or FCT may request modification at any time to the provisions of the special conditions contained herein. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by LESSEE and FCT. FLORIDA COMMUNITIES TRUST SPECIAL CONDITIONS: The Management Plan shall address the following conditions that are particular to the leased premises and result from either representations made in the FCT application that received scoring points or observations made by the FCT staff during the site visit: (a) The following recreational facilities including a fishing pier, picnic pavilion, wildlife observation platform, a nature trail of at Page 26 of 28 Lease No. 4621 RiolOR ♦ o `4 least A mile length and canoe launch shall be provided. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the project site without causing harm to those resources. (b) A permanent recognition sign, at a minimum size of 3' x 41, shall be maintained at the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and St. Lucie County. (c) Interpretive kiosks shall be provided on the project site to educate visitors about the area's natural resources. (d) The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long-term viability of these communities. (e) The project site shall be managed in a manner that protects and enhances the listed and non -listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. (f) The development and management of the project site shall be coordinated with agencies managing multi -jurisdictional recreational trails St. Lucie County to ensure the project site is managed as part of a linked land -based trail system. (g) The project site shall be protected and managed as part of an ecological corridor within the County's designated Indrio Greenway. (h) An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. Page 27 of 28 Lease No. 4621 R18109 J (i) A feral animal removal program shall be developed and implemented for the project site. (j) LESSEE shall prepare and submit to FCT annual stewardship reports that document the progress made on implementing the Management Plan. AREAS OF SOIL CONTAMINATION: LESSEE acknowledges that the following areas referred to in the Limited Phase II Environmental Site Assessment dated October 16, 2009, prepared by WRS Infrastructure & Environment, Inc., on the leased premises contain Arsenic above the Florida Department of Environmental Protection's Soil Cleanup Target Level (SCTL): * SS-23 - Parcel E - FCT * Zoned as Planned Mixed Use Development * Arsenic above the FDEP residential SCTL ` SS-10 - Parcel H - FCT * Arsenic above the FDEP residential SCTL The Land Use Plan, referenced in paragraph 8, shall contain specific information concerning the removal of exotic species and any other management activities that will occur in these areas. Page 28 of 28 Lease No. 4621 ntoroe AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Street Name Change Goldsmith Road to Carole Noon Lane Resolution No. 10-288 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Please see an attached memorandum N/A N/A ITEM NO. VI-S-10 DATE: October 26, 2010 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager Staff recommends that the Board approve the proposed street name change of Goldsmith Road to Carole Noon Lane, as shown on the attached map, direct staff to notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. COMMISSION ACTION: p� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 r [x] County Attorney:_ Daniel 5. McIntyre i [x] Originating Dept.: JMR- JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [ ] Environmental: [ ] County Engineer: [ ] Road 6 Bridge: [ ] OMB: 5AACQ\WP\Christine\&oldsmith Road Name Change\Agenda Request.wpd J INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 26, 2010 SUBJECT: Street Name Change Goldsmith Road to Carole Noon Lane Resolution No. 10-288 BACKGROUND: The Property Acquisition Division received a request from Philip Flynn, III, Executive Director of Save the Chimps, Inc. to rename Goldsmith Road to Carole Noon Lane. Goldsmith Road is a 50-55' County owned and maintained right-of-way. Goldsmith Road provides access to properties owned by Evans Properties, Inc., Hale Family 1999 Limited Partnership, Location Development Corp. and Save the Chimps, Inc. We have attached copies of letters approving the renaming from Evans Properties, Inc. and Hale Family 1999 Limited Partnership. Mr. Flynn and Tami Ryan of Save the Chimps, Inc. contacted David Gordon of Location Development Corp. Mr. Gordon stated he is not in favor of a name change at this time as he is trying to sell his property. Planning and Development Services, Public Safety and the Property Acquisition Division have reviewed and approved the street name Carole Noon Lane. RECOMMENDATION: Staff recommends that the Board approve the proposed street name change of Goldsmith Road to Carole Noon Lane, as shown on the attached map, direct staff to ' notify the appropriate Utilities, the U. 5. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. Respectfully submitted, l� nn Riley Property Acquisition Manager 5AACQ\WP\Christine\6o1dsmith Road Name Change\Agenda Memompd N-3JaRI =NNIHS s 3aV3H zQ 0 0 N 0 0 0 0 0 a) 00 ILL cu J C O O Z rn CD c O C L � UU This instrument prepared by: JoAnn Riley, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 RESOLUTION NO. 10-288 DATE: October 26, 2010 A RESOLUTION RENAMING A 50 - 55' RIGHT-OF-WAY CURRENTLY KNOWN AS GOLDSMITH ROAD TO CAROLE NOON LANE LYING IN SECTIONS 24 AND 25, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.05(1), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuant to Ordinance No. 87-8, Part A, St. Lucie County Code of Ordinances Section 1-17-54, there shall be no duplication of street names in St. Lucie County. 3. Pursuant to St. Lucie County Land Development Code Section 7.05.08(C)(2), streets, regardless of functional classification, which run parallel to the north -south base line (Orange Avenue) shall be called avenue, drive or some other designation beginning with a letter in the first half (A through M) of the alphabet. Street, regardless of classification, which run parallel to the east -west base line (U. S. Highway 1) shall be called terrace, place, or some other designation beginning with a letter in the second half (N through Z) of the alphabet. 4. The Property Acquisition Division received a request from Philip Flynn, III, Executive Director of Save the Chimps, Inc. to rename Goldsmith Road to Carole Noon Lane. Goldsmith Road provides access to properties owned by Evans Properties, Inc., Hale Family 1999 Limited Partnership, Location Development Corp. and Save the Chimps, Inc. All affected property owners have approved the I name Carole Noon Lane except Location Development Corp. Save the Chimps, Inc. contacted Mr. David Gordon of Location Development Corp. who stated he is not in favor of a name change at this time as he is trying to sell his property. Planning and Development Services, Public Safety and the Property Acquisition Division have reviewed, verified and approved the street name Carole Noon Lane. 5. Goldsmith Road is a County owned and maintained right-of-way, lying in Sections 24 and 25, Township 35 South, Range 38 East shall be renamed as follows and more particularly shown on attached Exhibit "A": GOLDSMITH ROAD to CAROLE NOON LANE NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Goldsmith Road is a County owned and maintained right-of-way, lying in Sections 24 and 25, Township 35 South, Range 38 East shall be renamed as follows and more particularly shown on attached Exhibit "A": GOLDSMITH ROAD to CAROLE NOON LANE B. The Property Acquisition Division is hereby directed to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. 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 Craft xxx Commissioner Chris Dzadovsky xxx FA PASSED AND DULY ADOPTED this 26" day of October, 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: 5AACQ\WP\Christine\Goldsmith Road Name Change\Resolution 10-288.wpd 3 CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY N-30GIN 21 IVN HE 3aH3 30 ;0- tv J O O Z 0 cu 0 cu v U E cU C: cU 4-4 o N ry .« - (n cn _0 O Mo Cl JoAnn Riley From: Phil Flynn [pflynn@savethechimps.org] Sent: Monday, April 05, 2010 4:57 PM To: JoAnn Riley Subject: Renaming of Goldsmith Road in Fort Pierce, Florida Ms. Riley, Please accept this request to rename Goldsmith Road (off South Header Canal Road) in Fort Pierce, Florida 34945 to Carole Noon Lane, Fort Pierce, Florida 34945. This request is made in honor of our Founder, Dr. Carole Noon, Phd. (1949 - 2009) as a living memorial to her lifers work to provide permanent sanctuary for the lifelong care of chimpanzees rescued from research laboratories, entertainment and the pet trade. If I can provide any additional information please do not hesitate to contact me. Thank you for your attention to this matter. With regards, *Phil Flynn Philip Flynn, III Executive Director Save The Chimps P.O. Box 12220 Fort Pierce, Florida 34979 3000 South Header Canal Road Fort Pierce, Florida 34945 Office: 772.429.0403 Fax: 772.460.0720 Cell: 772.633.6810 pflynn(@-savethechimps.org www.savethechimps.org "When measuring the value of one's own life, one must consider how he has valued all life" - Cicero 1 V Evans Properties Inc. June 12, 2010 To: Save the Chimps, Inc. From: Location Development Corp. Re: Goldsmith Road Name Change Evans Properties Inc., owner of Parcel ID 2224-421-0001-000-4 on Goldsmith Road in Fort Pierce, FL, supports changing the name of Goldsmith Road to "Carole Noon Lane" in order to honor the life and achievements of the late Dr. Carole Noon, founder of Save the Chimps, the world's largest chimpanzee sanctuary, located in Fort Pierce, FL. Signature of Legal Representative Date ONAL-i6 ►..,, .DwA2-1)S PRE -Sib NvT 4 CEO Print Name Hale Family 1999 LP June 12, 2010 To: Save the Chimps, Inc. From: Location Development Corp. Re: Goldsmith Road Name Change 3 Hale Family 1999 LP, owner of Parcel ID 2224-341-0001-000-9 on Goldsmith Road in Fort Pierce, FL, supports changing the name of Goldsmith Road to "Carole Noon Lane" in order to honor the life and achievements of the late Dr. Carole Noon, founder of Save the Chimps, the world's largest chimpanzee sanctuary, located in Fort Pierce, FL. Signature of Legal Representative 5�6'1 A. AC(le, Print Name Date RECEIVED JUL 1 2010 Save the Chimps SPEAKING OUT FOR THEM www.savothechimps.org Our Mission To provide permanent sanctuary for chimpanzees rescued from research lahoratoriec. Pnterrainmant and rho nat trade Sept. 28, 2010 SEF 2 9 VAq Joanne Riley Property Acquisition Division 2300 Virginia Ave. Ft. Pierce, FI 34982-5652 REM Carole Noon Lane Street Name Change Dear Ms. Riley, I have previously spoken with Christine Moller with regards to our request to change Goldsmith Road to Carole Noon Lane in Fort Pierce. I am enclosing paperwork we have received from the neighbouring land owners and a copy of the letter I received from Ms. Moller. I spoke with the third landowner, Mr. David Gordon of Location Development Corp., on several occasions requesting a statement from him to no avail. Mr. Gordon did, however, express to me that he is not in favour of a name change at this time. Though, I assured him that I would forward his reply for review, I have not received any correspondence from him. Upon receipt of this paperwork, please give me a call and advise me of our next step in this procedure. I would appreciate it. Sincerely, U'� Tami Ryan Administrative Assistant cc: Commissioner Doug Coward P.O. Box 12220 • Fort Pierce, FL 34979 • T: 772-429-0403 • F: 772-460-0720 Save the Chimps is a 501(c)(3) not for profit organization. 100% of your donation is utilized by Save the Chimps. r- r1 .4 ICT r-� ri N Ln Ln O ":r [t m O oo Ln Ln Ln Ln Ln Ln La n O -CT lc:t -Zi- Zt Ict * am am �* rn rn rn rn rn rn Q' N N M v 'q �* �t v:t iv rn rn rrn m m m ran M M v 41 m J J J J J J J J J N LL LL LL LL LL LL LL LL LL t u s ro u v v a v W a v v CO E O � M Y Y 4-1 L a 0 L L L L L U > ! Z LL LL L.L LL LL LL ri O m U > v a� m Q Q v v O O O O N tw to N N N N LOO N N N N N N fV N I� "pp 0 0 ri ri ri a-1 X C X X X X (n wocommm 6J r`. La 0 M-;t-t 0 0 0 0 Ln LO a LO ri -q O_ O_ a Ci a 0 U Y c c a c c c c LA un Ln v rn 0 Cz Cz n CL Cl) > E E E E n v :E :Et C• U U U U i E C 0 a1 w N ` a li O D U= y=� Y ' ' w U J J Ln Ln > > > > 0 w = JO Z Z Ln Ln Ln Ln M LO r, O N fV r, Ln O O O O O O O O O O O O O O O O O O O O O O O O O O O Ln Ln r-1 r� N LD O O O O O O O O O O O O O O O O O O U 'It '-Zt Ln Ln Ln Ln -;T -C:T d' L N N N N N" N" N m N N N N N N N N N d (V rV rV N N " N rV " V AGENDA REQUEST C6UNTY V F L RI D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): County Attorney ITEM NO. VI-B-111 DATE: 10-26-10 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Mark Godwin Criminal Justice Coordinator SUBJECT: Approve a Third Amended Agreement between St. Lucie County and Satellite Tracking of People, LLC.(S.T.O.P.) In lieu of incarceration, this company provides Global Position Satellite (G.P.S.) electronic monitoring technology, enabling the County Pretrial Program to track criminal defendants and offenders via satellite. BACKGROUND: Please see attached Memorandum CA No. 10-1358 FUNDS AVAIL: Funds for this contractor are designated in "other contractual services" account: 107-2360-534000-200. It should be noted that the daily costs have been reduced from $8.00 per day in FY 09 to $6.00 per day in FY 10 ($102,000.00 savings) and now to $5.00 per day, thereby reducing the budgeted amount by an additional $27,000.00 dollars for the FY 10/11 budget. PREVIOUS ACTION: On May 22, 2007, the Board approved the contractor S.T.O.P. to monitor criminal defendants through the County Pretrial Release Program. S.T.O.P. currently continues to provide public safety for individuals placed on GPS by the court system. RECOMMENDATION: Staff recommends the Board approve the Third Amendment to the June 22, 2007 Agreement. COMMISSION ACTION: CONCURRENCE: 'APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals 1 [X] County Attorney: /� [x] Management & Budget: .\N,N1 �/Ak I Dan McIntyre Marie Gouin, Director KS}he/►-q-mck`''r-f -s,.. Patty Marston, Analyst County Attorney MEMORAND UM10-1358 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator* DATE: October 26, 2010 SUBJECT: Approve a Third Amended Agreement between St. Lucie County and Satellite Tracking of People, LLC (S.T.O.P.) ITEM NO. VI B 12 Backaround: Since June 2007, the County has contracted with Satellite Tracking of People, LLC (S.T.O.P.) for the electronic monitoring of criminal defendants and offenders. The County Pretrial Release Program has been satisfied with the services of S.T.O.P. resulting in positive judicial decisions for the program. The judiciary is also satisfied with the results that GPS provides. In June 2009, S.T.O.P. agreed to a price reduction, which resulted in a $102,000.00 savings. In this budget year (FY 10/11) another $27,000.00 saving was achieved by reducing the contracted amount to $5.00 per day per defendant. The proposed Third Amendment would formalize the cost reduction and extend the Agreement through September 30, 2011. Recommendation: Staff recommends the Board approve the Third Amendment to the June 22, 2007 Agreement and extending G.P.S. services through September 30, 2011, and authorize the Chair to sign the Amendment. EXHIBIT A — Extension date 9/15/10 St. Lucie County (C07-08-413) Extension Date: October 1, 2010 Extended To: September 30, 2011 Unit Pricing: Pricing for BluTag® Active will be $5.00 per unit per day, BluTag® Hybrid will be $5.00 per unit per day, and/or BluTag® Passive will be $4.50 per unit per day, for GPS units installed and active on offenders. BluHome and BluBox, GPS accessories, provided at no additional cost. Also included in the per diem, at no additional cost, is one (1) installation kit for every twenty (20) BluTag® units. BluHome RF Monitoring Pricing: Pricing for BluHome RF w/ BluBand monitoring will be $1.95 per unit per day for landline based units, and $2.95 per unit per day for cellular/GPRS units. BluScan Drive By Unit: Included in the per diem, at no additional cost, is one (1) is one BluScan unit for every twenty (20) BluTag® units. Additional BluScan units in excess of 1:20 ratio assessed at $1.00 per day per unit. Insurance and Replacement Costs: LESSOR provides coverage for lost and or intentionally damaged units. LESSEE shall use its best efforts to recover all units on behalf of LESSOR. LESSOR may terminate this Agreement if lost or damaged units from this Agreement exceed 25% of the average daily units activated per fiscal year. Replacement Cost Part Description Quantity Replacement Cost 1 BluTa ® Unit 1 $ 500 2 BluHome® Unit if applicable) 1 $ 350 3 BluBox® if applicable) 1 $ 200 4 BluFone® if applicable) 1 $ 200 5 Straps and direct clips for BluTag® (set comprised of one strap and four clips) 9 per unit peryear $ 10 6 Charging Coupler for BluTa 1 $ 25 7 BluScan® if applicable) 1 $ 350 8 BluBand ® 1 $ 125 9 Installation Kit 1 1 $ 25 Notes: 1 - Replacement only for lost and stolen units. Units are not available for purchase. Data and wireless plan included. In witness whereof, each of the parties has executed this extension and modified terms as of the date and year first set forth herein. Lessor: Satellite Tracking Of People LLC Name: Greg Utterback Title: Chief Development Officer Signature: Date: October 15, 2010 Lessee: Entity Name: St. Lucie County Contact Name: Mark Godwin Address: 2300 Virginia Ave Fort Pierce, FL 34982-5652 Contact Tel: (772) 462-1441 Signature: Date: THIRD AMENDMENT TO JUNE 22, 2007 AGREEMENT BETWEEN ST. LUCIE COUNTY AND SATELLITE TRACKING OF PEOPLE LLC THIS THIRD AMENDMENT, Is made and entered into this day of October, 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and SATELLITE TRACKING OF PEOPLE LLC, or its successors, executors, administrators, and assigns ("Contractor"). WHEREAS, the parties executed an agreement dated June 22, 2007 for the Contractor to provide the technology to track designated criminal offenders via satellite GPS; and WHEREAS, the parties desire to amend the agreement to exercise a new renewal period (from October 1, 2010 thru September 30, 2011, and reduce the payments for the new fiscal year from $6.00 per day per unit to $5.00 per day per unit. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 5. PAYMENT TO CONTRACTOR shall be amended to read as follows: 5. PAYMENTS TO CONTRACTORS The County shall pay the Contractor for the performance of this Agreement in accordance with Exhibit "A" Revision date 10/26/10, as follows: October 1, 2010 — September 30, 2011 Not to Exceed $135,000.00 2. Paragraph 6. TERM OF AGREEMENT shall be amended to read as follows: TERM OF AGREEMENT This Agreement shall commence on October 1, 2010, and continue through and including September 30, 2011. County shall have the option to renew this Agreement for additional one year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. 3. 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 BY: CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSESS: SATELLITE TRACKING OF PEOPLE LLC By: Print Name: Title: Chief Development Officer ICX,/-L-'U' 1113 AGREEMENT FOR SATELLITE TRACKING EQUIPMENT This AGREEMENT is made and entered into this 22nd day of June 2007, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, and SATELLITE TRACKING OF PEOPLE, LLC, ("Contractor"), a Delaware limited liability company, whose address is 1212 N. Post Oak Rd., Suite 100, Houston, Texas 77055. WHEREAS, on November 1, 2005, the County contracted with an entity to implement and provide global positioning satellite electronic monitoring (hereinafter "GPS") for pretrial release; and, WHEREAS, in May 2007 a review by the President of the Association of Pretrial Professionals, revealed numerous concerns with the above monitoring program; and, WHEREAS, on May 22, 2007 the St. Lucie County Board of County Commissioners approved terminating the contract; and WHEREAS, an emergency exists as a system must be in place to continue to monitor the current criminal offenders and any additional individuals placed on GPS by the Court system; and, WHEREAS, the criminal offenders are currently being tracked on equipment provided by the Contractor; and, WHEREAS, the Contractor has the ability to continue to provide the technology to track designated individuals via satellite; and WHEREAS, it serves a legitimate public purpose to utilize a tool to help monitor those offenders 24 hours a day, now therefore, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties intending to be legally bound, hereby agree as follows: 1. SCOPE OF THE WORK Contractor will provide to County services and equipment as set forth in Exhibit A. County is not purchasing any of the equipment set forth in Exhibit A, title shall remain with Contractor. Instead, such equipment is being leased by County solely for its use in the United States for tracking Page 1 of 13 a PAYMENTS TO CONTRACTOR The County shall pay the Contractor for the performance of this Agreement in accordance with Exhibit A, the total amount in current (2007/2008) funds shall not exceed $216,000.00. Monthly invoices shall be presented to the County for payment on a Request for Payment form approved by the County. The County shall pay the Contractor through payments issued by the Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, , upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments Withheld as liquidated damages or for any other reason allowed by this Agreement, shall not be governed by the Florida Prompt payment Act. 6. TERM OF AGREEMENT This Agreement shall commence on the date written above (6/22/07), and continue for one calendar year. County shall have the option to renew this Agreement for additional one year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. 7. DEFAULT; TERMINATION A. FOR CAUSE If the Contractor fails to fulfill its obligations under this Agreement in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Contractor, the following items shall be considered a default under this Agreement: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. Page 3 of 13 10. SHIPPING AND DAMAGE TO LEASED PRODUCTS Contractor shall pay for the cost associated with shipping leased equipment to County's designated delivery location. Contractor will pay shipping costs for faulty equipment returned to Contractor for repair or replacement. Contractor shall be liable for any cost associated with damage to equipment prior to delivery. Any damage incurred to leased equipment after delivery shall be the responsibility of the County. Leased equipment will be returned to the Contractor upon expiration of the lease term in its original condition less reasonable wear and tear. Contractor shall payfor shipping cost of equipment returned upon expiration of the lease term. 11. PROPRIETARY PROPERTY. REPAIR AND SERVICE OF EQUIPMENT Title to any Intellectual Property, leased equipment, including its replacements, and all components of such equipment and replacements, including any software, shall not pass to County as a result of this Agreement. Leased equipment may only be serviced and/or repaired by Contractor. As an attribute of the equipment lease and for only so long as such lease is not terminated or expired, Contractor grants to County a personal, nonexclusive, and non -transferable license under certain patents and other intellectual property, hereinafter "INTELLECTUAL PROPERTY" that Contractor has the right to license, such INTELLECTUAL PROPERTY pertaining to the leased equipment, including any software, and the intended use of such leased equipment. This license shall only be extended to County's use of the leased equipment and for no other purpose. This license shall also extend only to that equipment whose lease from Contractor has not terminated or expired. Notwithstanding any provision herein to the contrary, this license shall not be assignable or transferable by County. In consideration of this license and as a requirement of the lease, County agrees that it will not decompile, disassemble or otherwise reverse engineer the leased equipment, including any software, or cause, or allow others to modify the leased equipment and software without the prior written consent of Contractor. Page 5 of 13 attorney's fees, and liability made upon the indemnified party proximately caused by the negligent acts of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Contractor's performance of this Agreement. Only those matters which are determined by a final, non -appealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Contractor shall be excluded from the Contractor's duty to indemnify the County, but only to the extent of negligence of the County or such third party. The Contractor hereby acknowledges that the payments made under this Agreement includes specific consideration for the indemnification herein provided. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, or other liability proximately caused by the negligent acts of the Contractor Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the work. This clause of the Agreement will extend beyond the term of the Agreement for a period of five (5 ) years after termination of this Agreement. 'Contractor does not assume or bear any responsibility or liability for matters involving the selection of individuals to be monitored, or the designation of monitoring levels for each individual. 15. ASSIGNMENT The County reserves the right to freely assign this Agreement. The Contractor, however, shall not assign this Agreement to any other persons or firm without first obtaining County's written approval. In addition, the Contractor shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when'the owner(s) of more than 50% of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without County's prior written consent shall be deemed a default subject to the remedies provided herein. Page 7 of 13 All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 18. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement Contractor is an independent and not an employee of the County. No statement contained in this agreement shall be construed so as to find Contractor or any of his employees, subs, servants, or agents to be employees of the County. 19. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 20. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 21. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 22. NOTICE REQUIREMENT All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: Page 9 of 13 24. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this Agreement, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. 25. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to . any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 26. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Contractor or County in his or her individual capacity, and no member, officer, agent or employee of Contractor or County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement 27. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of County and Contractor hereto may execute this Agreement by signing any such counterpart. 28. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the Page 11 of 13 0 , if, t I Fen IT Arw APPROVES TO FORM AND CORRECTN S: COUNTY ATTORNEY Title: Chief Development Officer Page 13 of 13 AGENDA REQUEST COUNTY F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-12 DATE: October 26, 2010 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney SUBJECT: Termination of Contract with CPL Systems, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize the County Administrator to send a letter terminating the Contract with CPL Systems, Inc. COMMISSION ACTION: j� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management 6 $udget Purchasing: Daniel 5, McIntyre Originating Dept. Public Works Dir: Finance: (Check for copy only, if applicable) County Eng.: Eff. 5/96 COUNTY F L O R I D A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.; 10-1385 DATE; October 18, 2010 SUBJECT: Termination of Contract with CPL Systems, Inc. BACKGROUND: On May 11, 2010, the Board approved a contract with CPL Systems, Inc. to perform operation and maintenance services on the Glades Road Landfill gas processing equipment. The Agreement provides that either party may terminate the Agreement without cause upon thirty (30) days prior written notice. The County's Solid Waste Director desires to terminate the Contract because CPL is located in Louisiana so that it is difficult for CPL to respond when there is a failure. At one point, CPL was a "sole source." The Solid Waste Director now believes that a local vendor has the capability of managing the system with local employees at a cost under the current contract amount. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the County Administrator to send a letter terminating the Contract with CPL Systems, Inc. Respectfully submitted, Daniel S. McI County Attorr DSM/caf 't,. CPL Systems, Inc. Proprietary Information C f o-U S' _; 0 Tropicana/St. Lucie County Solid Waste LFGTE Proiect Operations and Maintenance Contract w/St. Lucie County Solid Waste "Term Sheet" (rev. April 20, 2010) Term Sheet Structure Assumptions St. Lucie County Solid Waste (St. Lucie) desires to contract with CPL Systems, Inc. (CPL) to perform Operations and Maintenance Services (O&M) on the Landfill Gas Processing Equipment (LFGPE) currently installed and operational at St. Lucie. In return for CPL providing the requested services, St. Lucie shall pay CPL a minimum fixed fee to perform operations and maintenance of the Landfill Gas Processing Equipment (LFGPE) installed at St. Lucie. In addition, when the monthly volume of Landfill Gas (LFG) exceeds a minimum quantity of 15,000 MMBTU/month, St. Lucie will pay CPL a monthly incentive fee for any additional volume of gas above 15,000 MMBTU/month that is processed and/or delivered to Tropicana in a given month. The specific terms and conditions associated with this term sheet are defined below: The following Terms & Conditions define a set of parameters tinder which: 1.) CPL shall use commercially reasonable efforts to operate and maintain the LFGPE installed at St. Lucie to process and compress LFG for delivery to Tropicana's Ft Pierce Facility (Tropicana). 2.) St Lucie shall use commercially reasonable efforts to maximize the volume of available gas to be processed by the LFGPE and delivered to Tropicana. Specific Terms & Conditions: 1.) Operations and Maintenance (O&M) Contract — CPL and St. Lucie will work together, on a good faith basis, to execute a I -year contract based substantially on the terms and conditions defined in this term sheet to be effective June 1, 2010. An option to verbally extend the contract, wholly as outlined below, for a period of one year, will be reserved. The verbal extension must be accepted by both parties involved and documented. 2.) Purchase Order (PO) — Once an O&M Contract has been executed, St. Lucie shall provide CPL with a Purchase Order (PO) for the contract period. 3.) CPL Commitment to Provide O&M Services — St. Lucie desires that CPL provide and CPL commits to provide O&M services for a one year period beginning June 1, 2010. 4.) Monthly Fixed Fee — St. Lucie shall pay CPL a Monthly Fixed Fee of $7,200 per month to process 0 to 15,000 MMBTU/month of LFG. The Monthly Fixed Fee is due and payable regardless of the actual volume of LFG St. Lucie has available to process and/or the actual volume of LFG Tropicana is able to accept and/or use. CPL Systems, Inc. Proprietary Information St Lucie SW O&M Tam Shen 1 of 6 CPL Systems, Inc. Proprietary Information 5.) Monthly Incentive Fee — St. Lucie shall pay CPL a Monthly incentive Fee of $0.17/MMBTU to process and/or deliver each MMBTU/month of LFG above and beyond the initial 15,000 MMBTU/month. 6.) CPL's Statement of Work (SOW) — CPL shall perform the following services in exchange for the referenced Monthly Fixed Fee and Monthly Incentive Fee: a) Typical Operations Tasks: i.) Provide 24 hour/day, seven day/week remote assessment, support and troubleshooting of the LFGPE; ii.) Acknowledge and respond to all LFGPE alarms, trips, and calls associated with the operation and performance of the LFGPE within 30 minutes (nominal) to 1 hour (maximum); iii.) Provide and distribute an Event Summary documenting the cause and corrective action associated with each alarm, trip and or call within 24 hours of the event; iv.) When required, provide and distribute a prognosis of any significant problem/issue that can not be fixed immediately and/or remotely including an estimated time to execute the required repair as well as an estimate of the cost of implementing the repair within 24 hours of the event and then notify affected parties once the repair is complete and the LFGPE is operational and back online; v.) When required, dispatch CPL technicians (or secure the services of local contractors) to arrive onsite to effect the necessary repairs within 24 hours of a decision to execute the recommended repair. St. Lucie personnel shall work with CPL, when required, to reset electrical equipment and/or support initial diagnosis of the problem or issue impacting the performance of the LFGPE at no cost to CPL; vi.) Coordinate with St. Lucie prior to significantly changing or modifying the operational parameters of the LFGPE including any decision to shutdown or start-up the LFGPE (except in emergency situations whereby the required coordination will be performed as soon as practical after changing the operational parameters of the LFGPE); vii.) Prepare and distribute a monthly LFGPE performance report documenting the volume of LFG processed and/or delivered to Tropicana; CPL Systems, Inc. Proprietary Information St Lucie SW O&M Term Sheet 2 of 6 I- CPL Systems, Inc. Proprietary Information viii.) Daily Operational Responsibilities (performed onsite or remotely) include: monitoring the flow readings from the Custody Transfer Station (CTS) and distributing performance reports; observe/record the field vacuum pressure and notify St. Lucie if the reading is out of historical range; observe/record the pressure compensated 02 reading and notify St. Lucie if the reading is >3%; observe/record the chiller inlet and outlet temperatures and notify St. Lucie if the reading is out of specification; observe/record the inlet knockout fluid level and pump performance and notify St. Lucie if they are out of specification; and, observe/record all other critical set points and/or process variables jointly agreed to by St. Lucie and CPL and notify St. Lucie if any are out of specification. ix.) Weekly Operational Responsibilities (performed onsite or remotely) include: testing/va*ing the flare re -ignition sequence and recording the date/time of such test. x.) Monthly Operational Responsibilities (performed onsite) include: performing a leak check on the flanges, joints and pressure vessel welds of the high pressure components of the LFGPE; check/verify the chiller fluid levels; check/verify the oil level in the compressor, checklassess compressor for excessive vibration; and, check the LFGPE for oil leaks. xi.) Quarterly Operational Responsibilities (performed onsite) include: wash/inspect the condenser coils on the chiller skid; and, calibrate the 02 sensor at the skid. xii.) Semiannual Operational Responsibilities (performed onsite) include: inspect/change the oil on the compressor skid; perform a complete system calibration on the compressor skid and the flare and record appropriate data; test all interlocks on the compressor skid and the flare; check/record the specific gravity of the chiller fluid; and, calibrate the custody transfer station and record appropriate data. xiii.) Annual Operational Responsibilities (performed onsite) include: test the pressure relief devices on the compressor skid; and. touch up paint on equipment. b) Typical Maintenance Tasks: i.) Establish an electronic maintenance log book and document the date, time and scope of all maintenance and/or repairs made to the LFGPE; CPL Systems, Inc. Proprietary Information St Lune SW O&M Term Shea 3 of 6 CPL Systems, Inc. Proprietary Information ii.) Coordinate with St. Lucie prior to executing any planned or unplanned maintenance and/or repairs and notify St. Lucie once said maintenance and/or repairs are complete; iii.) Maintain all equipment in good working order and good condition on `as required' basis during monthly operational visit to the site (i.e., touch-up paint, signage, oil changes, etc.); and iv.) Develop and distribute an annual budget/forecast of critical equipment replacement expected over the next five years. c) Typical Tasks to be Separately Billed to and paid by St Lucie. Billing will be per the attached CPL 2010 Rate Sheet: i.) Fixed Monthly Fee includes one site visit per month by a CPL employee. Fee includes all expenses of said visit. Any St Lucie approved additional visits or additional man -power above and beyond what is included in the fee will be billed separately. ii.) Any detailed Engineering reports above and beyond what is included in the fee will be billed separately. iii.)Any sub -contractor's cost for work needed at the site. St Lucie's and Tropicana's approval is required prior to CPL issuing any sub -contractor a PO to perform work on behalf of St Lucie. iv.) Any outside test services and/or support requested by St Lucie and/or Tropicana (such as annual analysis of the LFG or an analysis of the used compressor oil by an approved and certified testing laboratory), and; v.) Parts and/or equipment required to replace damaged components of the LFGPE. 7.) Reimbursement for Time and Material beyond the O&M SOW — St. Lucie will reimburse CPL on a Time and Material basis, at prevailing rates in effect at the time the work is approved, for any work performed by CPL above and beyond the O&M SOW defined above. All work shall be discussed and agreed to by St. Lucie and CPL before it is executed. 8.) Payment Terms — Payment terms shall be net 30 days from date of invoice. Late payments shall accrue additional interest payable at a rue of 1.5% per month. Default/Termination Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate CPL for all authorized work satisfactorily performed through the termination date. CPL Systems, Inc. Proprietary Information St. Lucie SW O&M Tam Sheet 4 of 6 CPL Systems. Inc. Proprietary Information roc - Luke Conner President CPL Systems, Inc. Attachments: CPL 2010 Rate Sheet ATTEST: 4 Deputy Clerk A Ron Roberts Solid Waste Manager St. Lucie County Solid Waste BOARD OF COON COMMISSIONERS ST. LUCIE , F RIDA V `y CQd APPROVED AS TO FORM AND BY: CPL Systems, Inc. Proprietary Information St. Lucie SW O&M Tam Shm 5 of 6 5003 St Lucie County CPL Rate Sheet 2010 DESCRIPTION HOURLY RATE PRINCIPAL PROCESS SPECIALIST $200.00 SENIOR ENGINEER $165.00 PROJECT MANAGER $150.00 ENGINEER $95.00 DESIGN $90.00 ASSOCIATE ENGINEER $77.00 ASSOCIATE DESIGN $77.00 ENGINEERING TECHNICIAN $72.00 ASSOCIATE TECHNICIAN $50.00 TRAVEL Straight Time OVER TIME RATE 1.5 X STRAIGHT TIME HOLIDAY RATE 2.0 X STRAIGHT TIME HOLIDAYS: NEW YEAR'S EVE - NEW YEAR'S DAY - MARDI GAS - MEMORIAL DAY - EASTER 4TH OF JULY - LABOR DAY - THANKSGIVING DAY - CHRISTMAS EVE - CHRISTMAS DAY EXPENSES BILLED AT Cost (Expenses include Airfare, Hotels, Rental Cars, etc.) PER DIEM (MEALS) $60.00 PER DAY MILEAGE $0.445 PER MILE MATERIALS, SUBCONTRACTOR, FREIGHT, 3 RENTAL COST X 20% TOOL RENTAL FULL CAL GEAR $350.00 PER DAY ANALYZER ONLY $200.00 PER DAY TERMS: NET 30 DAYS 4/5M10 6 of 6 CERTIFIED MAIL - RETURN RECEIPT REQUESTED do REGULAR MAIL October 26, 2010 Luke Conner President CPL Systems, Inc. 280 Industrial Parkway Lafayette, Louisiana 70508 RE: Termination of Tropicana/St. Lucie County Solid Waste LF&TE Project Operations and Maintenance Contract Dear Mr. Conner: Pursuant to the terms of the Contract referenced above, St. Lucie County is exercising its rights under the Contract to terminate the Contract without cause. Accordingly, the County hereby notifies CPL Systems, Inc. that the Contract will terminate effective on December 1, 2010. Sincerely, Faye W. Outlaw, MPA County Administrator FWO/ Copy to: County Attorney Solid Waste Director Management & Budget Director Contracts Coordinator 11 ITEM NO. VI - C DATE: 10f2612010 AGENDA REQUEST REGULAR { j PUBLIC HEARING ( j LEG. ( j QUASWD ( j CONSENT () TO: BOARD OF COUNTY COMMISSIONERS PRESENT Ken J. Masca;ItIce SUBMITTED BY: St, Lucia County Sheriff's Office, Administration Sheriff SUBJECT: Authorization to accept the U.S. Department of Justice/OfficePrograms 2010 Bulletproof Vest Partnership Grant. BACKGROUND: The U.S. Department of Justice/Office of Justice Programs has awarded the St. Lucie County Sheriffs Office the 2010 Bulletproof Vest Partnership Grant. Upon acceptance, this $24,933.44 will provide a critical resource to Sheriffs Office by covering 50% of the cost of each bulletproof vest ordered or purchased between April 1, 2010 - September 30, 202a, The 50% match requirement is Included in the sheriffs budget, FUNDS AVAILABLE: 107170-2110-331233.200: Bulletproof Vest Partnership Grant PREVIOUS ACTION: May 11, 2010 - SOCC approved permission to apply. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution No. 10-286 and authorize the acceptance of the 2010 Bulletproof Vest Partnership Grant. COMMISSION ACTION: CONCURRENCE: APPROVED ( } DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Dan McIntyre M no Gown Sophia Holt Originating Dept. ( i (Name) ERD (Name) T'd ZTT2?9b6:01 :IhOdd dT2:20 @T02-02-110 or St. Lucie County Sheriffs Office MEMORANDUM TO: Board of County Commissioner FROM: Ken J. Mascara, Sheriff ce, St. Lucie County Sher' Administration DATE: Tuesday, October 26, 2010 SUBJECT: Authorization to accept the U,S. Department of Justiceloffice of Justice Programs 2010 Bulletproof Vest Partnership Grant. ITEM NO. VI — C Backaround: The U.S. Department of Justice/Office of Justice Programs has awarded the St. Lucie County Sheriffs Office the 2010 Bulletproof Vest Partnership Grant. Upon acceptance, this $24,933.44 will provide a critical resource to Sheriffs Office by covering 50% of the cost of each bulletproof vest ordered or purchased between April 1, 2010 — September 30, 202a The 50% match requirement is included in the sheriffs budget. Recommendation Staff recommends that the Board of County Commissioners approve Budget Resolution No. 10-266 and authorize the acceptance of the 2010 Bulletproof Vest Partnership Grant. 2'd LZ12M76:01 :WOad dTZ:20 0ti02-02-1X RESOLUTION NO. 10-286 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 U. S. Department of Justice for the Bulletproof Vest Grant in the amount $24,934. 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 261" day of October, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 107170-2110-331233-200 Department of Justice $24,934 APPROPRIATIONS 107170-2110-591900-200 Transfer to Sheriff $24,934 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 26th DAY OF OCTOBER 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY r Charms ne Davis From: Sophia Holt <holts@stlucieco,org> Sent•- Friday, October 08, 2010 8:19 AM To: Charmayne Davis Subject: FVV: Bulletproof Vest Partnership FY 2010 Award Announcement Please process. Thanks, From: owner-bvp4i5t40jp.u5d0j.90v [mal to:owner-bvp-list@ojp.usdoj,govj On Behalf Of BVP Sent; Thursday, October 07, 2010 11:46 AM To: BVP-list subject: Bulletproof Vest Partnership fY 2010 Award Announcement The Bureau of Justice Assistance JB is niWsbej to inform you that your agency will receive an award under the, Fiscal Year (FY} 2010 Bulletproof Vest Partnership (BVP? soltcltitWn�These funds have been posted to your account in the BVP system. For questions regarding the BVP Program or your award, please do not hesitate to contact the BVP Help Desk at vests@undo eaY or 1-877-759-3797, A complete list of FY 2010 BVP awards is available at: htta: /www,oia.usdol.goylbvobasV The FY 2010 award funds may be used for National Institu?e of Justice (NIJ) compliant armored vests which were ordered on or after April 1, 2010. The deadline to request payments from the PY 2010 award funds is August 31, 2012, or until all available 2010 awards funds have been requested. BJA is also announcing a financial hardship waiver request for all FY 2010 BVP funds. Previously, a jurisdiction was only able to request up to 50% the cost of a vest with their available BVP funds. Now, during the payment request process, jurisdictions may request a waiver and receive up to 100% of the cost of each vest submitted for reimbursement. Jurisdictions requesting a waiver of the 50% match requirement may not use BVP funds toward the purchase of any vest with a total unit cost greater than $1,200; excluding taxes, shipping and handling fees (if any) to maximize funding for all eligible jurisdictions. Additionally, jurisdictions requesting a waiver have to meet criteria of financial or natural disaster hardship. The jurisdictions have to cite the source of their financial hardship during the waiver request process, Jurisdictions will be expected to keep documentation substantiating the financial hardship for four years and realize the waiver requests are open to Bureau of Justice Assistance and Office of the inspector General audits. Finally, all applicant jurisdictions, requesting a waiver of the 50% match, would be required to certify that the jurisdiction's Chief Executive Officer formally accepts the request for the waiver and confirms the waiver justification provided. The certification must list the highest elected official from the requesting jurisdiction in order to be approved. Thank You. BVP Program Support Team Pleese Note: Florida has verybroad public records laws. Most written communications to or from County officials regarding County business are public records avalMle to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examinallon and 1 or copying. Your e-mail communications will be subject to public discicsure unless or. exemption applies to the communication, If you recelved this email in erro., Please notify the sendar by reply e-mail and delete ell materials from all computers. d 1 T T.0=5b6 i Ol WO�d do i 20 OtiG32-Ei2-i�r0 OR Bulletproof Vest Partnership and the Body AnTnor Safety Initiative: Home Page Page 1 of 1 4 - � U 5 r�rlr�lrinn �tf ul lrrslrct° lllfice vtl►�sri�� ���������, „;L� ;�1, �� llhllr'tnn��iTUi'slf:rr,'r,��r�'��rlt HuiiV:lrtu,�l5:�1+?�lutb.+;+4f - Bulletproof Vest Partnership +I The Sulletprod Vest Portnorship " (BVP), created by tha Bulletproof Vest Partnership Grant Act of 1998 is a fKW-AA1U unique U.S. Depenment of Justice , ' 't • " initiative designed to provide a critical resource to state and local law enforcemB'1L Since 1999, over 13,000 Jurisdlcuona hove pa,iicipMed In the BVP Program, with $277 mUlan In federal Funds I committed to support the purchase of an esUrrmled Bureau 800A00 vests, The Office of Justice Programs' of Juaf a Assistance (BJA) administers the BVP r Program. 3rJ'titk New: The Bureau of Justice Assistance is pleased to announce the Fiscal Year 2010 BVP funds are available for use. The FY 2010 award funds may be - used for National ir•,stitute of Justice (NIJ) compliant armored vast& which are ordered on or after April 1, 2010 The deadline to request payrriants frog+ the FY 201D award funds Is August 31, 2012, or untl all available 2010 awards funds have been reyueeted. Body Armor Safety Initiative Body Armor Bafaty InlUativte • An I iltiaflve of U.B. Department of Justice. in response to concerns from the law eniorcerment community, the Depar.ment of Justice (DOJI announced an initiative to address the raliabil ty of body armor used by ►aw enforcement personnel and to examine the future of bullet -resistant technology and testing. As part of this Iriittallve the National Institute of Justice rNIJ) has examined Zylon&besea oullet-resistant vests (both new and used) and is reviewing the process by which bullet- realstant vests are ceriifted. NEW 812812010: National Institute of dusUce Body Armor Aterts • Model TEL 11 AGXF • ,}dal MF34F-0R • Modal j MME tt SEXF-0a 612312111111111: New National InsfHuto of joties 92dv Armor Standard 8 01.22 The complete list of FY 2010 8VP awards can be 212i34 I: viewed hm mUM Nabollat It The complete list of FY 20M BVP awards can be Iniusthm viewed b=. Historical BVP award Information for FY 1999 through ew FY 2C09 can be accessed Imm **At medlra contacts should be directed to the Qf Qj Justice Programs_ Office of Communications. For Immediate assistance, please call us toll -free at 1-877-758-37t)l. You may also reach us by email atvestsMusdol.aov http://wu w.ojp.usdoj.gov,tbvpbasi/ t�'d LTT22'`=tA- :0 10/8/'_'C 10 *WOdd d= :20 r• From: owner-2010_awd announcement@ojp.usdoj.gov [mailto:nwner- 2010 awd_announcement@ojp.usdoj.gov] On Behalf of BVP Sent: Tuesday, April 20, 2010 9:16 PM To: 2010_Awr9_+nnouncement Subject: Bulletproof Vest Partner ship FY 2010 Application Announcement Dear BVP Participart: The Bureau of Justice Assistance (BJA) is pleased to announce the Fiscal Year 2010 BVP application funding period. Applications for FY 2010 BVP funds will be accepted beginning Tuesday, April 20, 2010, All applications must be submitted online at htto:/Avww oiQ,usdoi gov/bvobasi/ by 6:00 pm (Eastern Time), Tuesday June 1, 2010 Important Information Regarding FY 2010 BVP Furids Use: 1. FY 2010 BVP funds may only be used toward the purchase of vests ordered on or after April 1, 2010, 2. Each vest purchased with FY 2010 funds must meet National institute of Justice (NIJ) standards on the date it was ordered. 3, To draw down FY 2010 BVP funds, vests must be received and the request for payment submitted to the BVP system by September 30, 2012. To ensure that program participants are submitting applications that accurately reflect their vest needs for the next two years, please review the program guidarc:e below. Prior to submitting an application for FY 2010 BVP funds: 1. Verity that the number of vests Indicated on the application does not exceed actual agency needs. Review all currently deployed vests for those that will need to be replaced during the next two years, according to the replacement cycle indicated on your BVP system profile. Applications for funds should reflect the number of vests your agency needs to replace within the next two years, and vests for officers your agency anticipates hiring in the next two years, (New hires can be anticipated based on the average number of officers hired over the most recent three years.) 2. Ensure that the application accurately reflects the current market cost for the vests identified on the application. 3. Review previous year(s) BVP funding to identify any unspent funds that might currently be available for BVP needs. Your careful attention to actual vest needs will help ensure that all eligible jurisdictions submitting requests will receive the maximum allowable based on the appropriation and distribution guidelines. For questions regarding this email or for assistance with the online application process, please do net hesitate to call the BVP Help Desk at 1-877-750-3787, or email yjWsQusdoi.aov. Sincerely, The BVP Program Team Bureau of 7us}ice Assistance 9'd 26L229176:01 :14083 dt,2:20 OT02-02--:%o 8ajjt� 17oo-( Y�sf �ur'frt��6h.� Q(M4- CU 10 State, Jurisdiction Name Award Arnourt FL !SANTA ROSA COUNTY $3 21.21 FL FL FL FL SARASOTA CITY SARASOTA MANATEE A;RPORT AUTHORITY SATELLITE BEACH CITY SEBRING CITY $12 420.69 $1 530.04 $1 375.00 $1,382.60 FL FL SEMINOLE COUNTY SEWALLS POINT TOWN _ $15 620.57 $1 200,00 FL FL SOUTH DAYTONA CITY SOUTH MIAMI CITY $3,172,90 $3 240.00 FL ST AUGUSTINE BEACH CITY $1 200.00 FL ST CLOUD CITY �� $634.78 FL ST JOHNS COUNTY 1 88.95 F ST PETERSBURG Cl Ty 4 93 $8 FL FL ST. FETE BEACH CITY $1 677.00 FL ISUNRISE CITY $10 710.00 FL I SUWANNEE COUNTY $8105.55 FL TALLAHASSEE CITY $9 443.56 FL TAMPA CITY $43,249,22 FL TARPON SPRINGS CITY $3 882.20 FL TEMPLE TERRACE CITY $3.500.00 FL TEQUES A VILLAGE S1,620-09 FL IVERO BEACH CITY $S 687.84 FL VIRGINIA GARDENS VILLAGE $1,977.50 FL VOLUSIA COUNTY $27,530.66 FL WAKULLA COUNTY $3 882.20 FL WALTON COUNTY $3,656.52 FL WASHINGTON COUNTY $3403.40 FL IWILDWOOD CITY $467.96 FL WILTON MANORS CITY $2,100.00 FL. WINDERMERE TOWN _ $4 875.00 FL WINTER GARDEN CITY $4 064.50 FL WINTER HAVEN CITY $5 953.50 FL WINTER PARK CITY $7 095.60 GSA ACWORTH, CITY $3 775.01 CAA ALBANY CITY $9 229.84 GA ALMA CITY $1,225,00 GA ALPHARETTA CITY _ $1 456.00 GA ATHENS-CLARKE COUNTY GOVERNMENT $4 292.12 GA AUBURN CITY $2 625.00 GA AUGUSTA-RICHIMOND COUNTY CONSCLIDATED GOVERNMENT $7 109,37 GA BAINBRIDGE CITY 1 059.90 GA BIBB COUNTY $7 520.601 GA BLOOMINGDALE CITY $3 293.50 GA a -ROOKS COUNTY $5 190.00 GA BYRON CITY $2 540.00, GA CALHOUN CITY $3,846.50 GA CAMDEN COUNTY $3 422.26 GA CAMILLA CITY $580.00 GA CANDLER COUNTY $2 082.60 GA CARROLLTON CITY $5,139 33 GA CATOOSA COUNTY $6187.50 GA CEDARTOWN CITY $2.,312,00 13 Transportation Planning 01ganization ST. LUCIE URBAN AREA ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: St. Lucie TPO SUBJECT: Resolution 10-283, Budget Amendment VI-D 10/26/10 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) � ES TE BY• Peter Buchwald, Executive Director BACKGROUND: The St. Lucie Transportation Planning Organization approved on April 7, 2010 the allocation of $1,175,000 in federal Metropolitan Planning funds for FY 2010/11. balance of $695,208 is requested to be appropriated to fund #001518-1540. These funds are budgeted in the first year of the FY 2010/11-FY 2011/12 Unified Planning Work Program (UPWP) FUNDS AVAILABLE: #001518-1540 — pending BOCC approval. PREVIOUS ACTION: July 27, 2010 - BOCC approval of partial allocation of planning funds in the amount of $479,792 for the first year of the UPWP. RECOMMENDATION: Board approval of Budget Resolution 10-283 in the amount of $695,208. COMMISSION ACTION: (�) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coo rd i nation/S io natu res CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney (X) OMB Director (X) h Budget Analyst ather Young Marie G uin TaWonna Johnson Originating Dept. (X) Peter Buchwald RESOLUTION NO. 10-283 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation for the Federal Metropolitan Planning (PL) Funds in the amount $695,208 in addition to the $479,792 previously budgeted. 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 26"' day of October, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 001518-1540-331130-100 APPROPRIATIONS 001518-1540-599300-100 Federal Highway Administration Reserves After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman Commissioner Doug Coward, Vice Chairman Commissioner Chris Craft Commissioner Chris Dzadovsky Commissioner Paula Lewis PASSED AND DULY ADOPTED THIS 26th DAY OF OCTOBER 2010. ATTEST: $695,208 $695,208 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Traniporlali Planning IQF organizatio ST. LUCIE URBAN AR TO: Board of County Commissioners FROM: Peter Buchwald DATE: 10/26/2010 St. Lucie TPO MEMORANDUM SUBJECT: Resolution 10-283, Budget Amendment ITEM NO. VI-D Background: The St. Lucie Transportation Planning Organization approved on April 7, 2010 the allocation of $1,175,000 in Federal Metropolitan Planning funds for FY 2010/11. The balance of $695,208 is requested to be appropriated to fund #001518-1540. These funds are budgeted in the first year of the FY 2010/11-FY 2011/12 Unified Planning Work Program (UPWP). Previous Action: July 27, 2010 — BOCC approval of partial allocation of planning funds in the amount of $479,792. Recommendation: Board approval of Budget Resolution 10-283 in the amount of $695,208. T.e..pod.li.. 'l�ndq �pa.lsalas CT L-1. UAOAN AAfA Unified Planning Work Program FY 2010/11 - F`( 2011/12 In addition to identifying planning priorities, elements, and tasks, the UPWP identifies de -obligated funds, carry -forward funds, close-out balances, fiscal year allocations, available funds, and fiscal year expenses. De -obligated funds are those funds that were budgeted in the previous UPWP but were not spent and were de -obligated. Carry -forward funds are thosefunds that were available but were not budgeted in the previous UPWP and, therefore, are accumulated. Close-out balances are those funds that were budgeted in a previdus fiscal year but were not spent and were not -de-obligated.. The de -obligated funds, carry -forward funds, and close-out balances are combined with the fiscal year, allocations to determine the available funds for the fiscal year. FDOT policy limits the PL fund carry -forward to 50 percent of the annual allocation. The following tables summarize the financial information for the two fiscal years of the UPWP: TABLE 2 . - Revenues (FY 2010/11) Source of Funds PL Section 5303 FCTD St. Lucie County Carry -Forward (without FY 2008/09 - FY 2009/10 $519,479 $0 $0 N/A Close -Out Balance) FY 2008/09 - FY $250,000 $0 $0 N/A 2009/10 De -Obligation FY 2008/09 - FY * $0 $0 N/A 2009/10 Close -Out Balance FY 2010/2011 $540,283 $80,088 $22,560 $12,630"" Allocation State Match ** $10,011 N/A N/A Local Match (St. Lucie ** $10,011 N/A N/A County) Total FY 2010/2011 $1,309,762 $100,110 $22,560 $12,630 Available FY 2010/2011 UPWP $1,175,000 $100,110 $22,560 $12,630 Expenses Notes * Close -Out Balance will be determined after FY 2009/10 and will not be available until FY 2011/12. ** State match for PL includes local match and is not shown because it is a non -cash match. *** St. Lucie TPO share of funding from St. Lucie County for providing planning and technical assistance for FTA 5316/5317 grant programs. .: ITEM NO. VI -El - - DATE: 10/26/10 • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Pam SUBMITTED BY: Housing and Community Services/Housing Housing Ma age SUBJECT: Subrecipient Agreement with Fort Pierce Housing Authority (FP BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001519-5420-331510-500 — CDBG Disaster Recovery PREVIOUS ACTION: December 22, 2009 — Board approved application submission. March 23, 2010 — Board approved Interlocal Agreements with the Cities of Fort Pierce and Port St. Lucie. April 27, 2010 — Board accepted the agreement with the Department of Community Affairs. RECOMMENDATION: Board approval of the Subrecipient Agreement with FPHA for the rehabilitation of rental properties under the Community Development Block Grant program, as outlined in the agenda memorandum and authorization for the Chairman to sign the documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) Beth Ryder COUNTY F L a R t D A TO: Board of County Commissioners THROUGH: Beth Ryder, Director ' 57- FROM: Jessica Parrish, Housing Manage t DATE: October 26, 2010 Housing and Community Services MEMORANDUM SUBJECT: Subrecipient Agreement with Fort Pierce Housing Authority (FPHA) ITEM NO. VI —El Backaround: The Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) will provide funds to assist with Tropical Storm Fay damage (2008). St. Lucie County has been allocated $8,058,428 to repair damage to single family rental units, multifamily rental units, replacement rental housing, and flood and drainage activities related to Tropical Storm Fay. The attached subrecipient agreement is in an amount up to $1,099,975. The balance of the allocation is designated towards flood and drainage activities. A portion of this project is required to rehabilitate rental properties. The Fort Pierce Housing Authority expressed an interest in mitigating future damage on their properties by installing hurricane shutters, hurricane rated doors and windows. Recommendation Board approval of the Subrecipient Agreement with FPHA for the rehabilitation of rental properties under the Community Development Block Grant program, as outlined in the agenda memorandum and authorization for the Chairman to sign the documents as approved by the County Attorney. Attachment: Subrecipient Agreement SUBRECIPIENT AGREEMENT AGREEMENT BETWEEN ST. LUCIE COUNTY AND FORT PIERCE HOUSING AUTHORITY FOR THE FY 2008 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE THIS AGREEMENT, entered this day of , 2010 by and between St. Lucie County, a political subdivision of the State of Florida (hereinafter called the "Grantee"), and the Fort Pierce Housing Authority (herein called the "Subrecipient"). WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; and WHEREAS, the County is participating in the FY 2008 Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) for disaster relief, long-term recovery, and restoration of infrastructure, housing and economic revitalization in areas affected by Tropical Storm Fay; and WHEREAS, the County desires to enter into an Agreement with the Subrecipient for affordable rental housing activities eligible under the CDBG DRI Program. NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE a. Activities The Subrecipient will be responsible for administering a portion of the CDBG DRI program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. General Administration The Subrecipient will be responsible for all aspects of property management. b. National Objective All activities funded with CDBG DRI funds must meet one of the CDBG DRI program's National Objectives: benefit low -and moderate -income persons; address slum or blight; or urgent needs, as defined in 24 CFR 570.208. The Subrecipient certifies that the activity carried out under this Agreement will meet the LMI National Objective. This National Objective will be met through providing assistance to individuals at or below 80% AMI. Performance Monitoring The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined Page 1 of 19 by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on the day of , 2010 and end on the day of 2012. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG DRI funds. III. BUDGET The budget has been incorporated into this Agreement as Exhibit A. The Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $1,099,975. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with performance. Expenses for project delivery shall also be paid against the line item budgets specified in Exhibit A and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21 V. NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of receipt. All notices and other written communications under this Agreement shall be addresses to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Grantee County Administrator Grantee St. Lucie County [Address] 2300 Virginia Avenue [City, State, ZIP] 34982 Subrecipient Executive Director Subrecipient FPHA [Address] 707 N 71h Street [City, State, ZIP] 34950 Page 2 of 19 [Telephone] (772) 462-1400 [Fax Number] VI. GENERAL CONDITIONS A. General Compliance [Telephone] (772) 429-6444 [Fax Number] (772) 429-6407 The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the Grantee's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds otherwise available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Worker's Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bondiniz The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a Page 3 of 19 blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein all publications made possible with funds made available under this Agreement. G. Amendments The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with the Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. Page 4 of 19 In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VIL ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Instructions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained The Grantee shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. Page 5of19 The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records required to determine the eligibility of activities; b. Records required to document the use or disposition of real property acquired or improved with CDBG assistance; c. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; d. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and e. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Subrecipient shall retain all financial records pertinent to the Agreement for a period of six (6) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which activities assisted under the Agreement are reported on for the first time . Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but limited to, client name, address, income level or other basis for determining eligibility, and description of services provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the [insert applicable State of Federal law] unless written consent is obtained from such person receiving service and, in the case of a minor, that of responsible parent/guardian. 5. Close-outs The Subrecipient' obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but Page 6 of 19 are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in withholding future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with the current Grantee policy concerning Subrecipient audits and OMB Circular A-133. C. Reporting and Payment Procedures I. Progress Reports The Subrecipient shall submit regular Monthly Status Reports (MSR) to the Grantee in the form, content and frequency a required by the Grantee. D. Procurement 1. Compliance The Subrecipient shall comply with the current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property or services in accordance with the requirements of 24 CFR 84.40- 48. 3. Travel Page 7 of 19 The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but not limited to the following: The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) yeas after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire this equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 170, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Ant -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation assistance to displaced persons as defined by CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition Page 8 of 19 or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with [fill in local and state civil rights ordinances here] and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age of Discrimination Act of 1975, executive Order 11063, and Executive Order 11246 a amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination The Subrecipient agrees to comply with the non-discrimination in employments and contracting opportunity laws, regulations, and executive orders referenced in 24 CFR 570-607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still available. 3. Land Covenants The contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of the land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for sick transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any Page 9 of 19 guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications and Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses (W/MBE) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(s) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Page 10 of 19 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of the Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. Page 11 of 19 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders Issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area Page 12 of 19 or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD Programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized Page 13 of 19 in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. Page 14 of 19 5. Lobby The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form- LLL, " Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. Page 15 of 19 XI. ENVIRONMENTAL CONDITIONS A. Air and Water The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - Clean Air Act, 42 U.S.C., 7401, et seq.; - Federal Water Pollution Control Act, as amended, 33U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issues thereunder; - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 by properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. Page 16 of 19 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or that are included on a Federal, state, or local historic property list. XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XIII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise the terms of this Agreement. XIV. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect this Agreement. [NOTE: For the above sections, if the Subrecipient is a governmental or quasi -governmental agency, the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " and OMB Circular A-87 would apply.] [The remainder of this page has been left blank intentionally] Page 17 of 19 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. ST. LUCIE COUNTY FORT PIERCE HOUSING AUTHORITY By By _ Chief Elected Official or Executive Officer Title Date Attest CLERK By Title APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 18 of 19 SUBRECIPIENT AGREEMENT CHECKLIST The recommended provisions for a written Agreement between grantees and subrecipients (subgrantees) include the following provisions (irrespective of activity): 1. National Objective Compliance/Eligibility 2. Scope of Work 3. Time of Performance 4. Personnel Assigned to Scope of Work 5. Levels of Performance 6. Budget 7. Project Schedule/Milestones 8. Compensation and Method of Payment 9. Program Income 10. Record -Keeping Requirements 11. Reporting Requirements 12. Public Access to Program Records 13. Record Retention 14. Grant Closeout Procedures 15. Uniform Administrative and Program Management Standards 16. Use and Reversion of Assets 17. Real Property 18. Other Program Requirements 19. Suspension and Termination 20. Compliance with Laws/Regulations 21. Antidiscrimination/Affirmative Action and Equal Employment Opportunity 22. Financial Management 23. Audits 24. Religious and Lobbying Activities 25. Budget Modifications 26. Monitoring 27. Conflict of Interest 28. Procurement Standards and Methods 29. Environmental Issues The format and specific language of each Agreement could vary substantially, depending on the legal requirements of each state. Page 19 of 19 ITEM NO. VI-E2 DATE: 10/26/10 . - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTEDWger Jessica Parri SUBMITTED BY: Housing and Community Services/Housing Housing Man SUBJECT: Deed Transfer of 7408 Ocala Street BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: February 23, 2010 — Board approved subrecipient agreement. RECOMMENDATION: Board approval of the transfer of 7408 Ocala Street to Fort Pierce Housing Authority, dba Fort Pierce Housing Development, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (�O APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney( ) ( ) ; OMB Director Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. `—'"Beth Ryd-err Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Directory FROM: Jessica Parrish, Housing Manager DATE: October 26, 2010 SUBJECT: Deed Transfer of 7408 Ocala Street ITEM NO. VI — E2 Background: The Neighborhood Stabilization Program (NSP) was authorized by the Housing and Economic Recovery Act of 2008. The NSP funds are to be used to acquire, rehabilitate, demolish and redevelop foreclosed and abandoned properties in order to help stabilize neighborhoods. St. Lucie County has been allocated $3,984,601. These funds are to be used in the areas identified with greatest number of foreclosures within the unincorporated areas of the County. A requirement of the NSP program is to allocate at least 25 percent of the funding towards rentals for low income residents. St. Lucie County entered into a subrecipient agreement with Fort Pierce Housing Authority, dba Fort Pierce Housing Development to manage the rental properties after the rehabilitation was complete. Recommendation Board approval of the transfer of 7408 Ocala Street to Fort Pierce Housing Authority, dba Fort Pierce Housing Development, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: County Deed This instrument prepared by: JoAnn Riley under the direction of: Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PARCEL I.D. NUMBER: 1302-810-0043-000-0 (7408 Ocala Avenue) COUNTY DEED Pursuant to Florida Statute 125.411 THIS DEED, made this day of October, 2010, by ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called party of the first part, and FORT PIERCE HOUSING AUTHORITY dba FORT PIERCE DEVELOPMENT CORPORATION, whose address is 707 North 7"' Street, Fort Pierce, Florida 34950 hereinafter called party of the second part, WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN and 00/100 ($10.00) DOLLARS to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, his or her heirs and assigns forever, for the construction of permanent affordable housing pursuant to Section 125.379(2), Florida Statutes, the following described land lying and being in St. Lucie County, Florida: LOT 16, BLOCK B, LAKEWOOD PARK ADDITION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. ATTEST: Millie Feliciano, Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Charles Grande, Chairman APPROVED AS TO FORM AND CORRECTNESS Daniel S. McIntyre, County Attorney ITEM NO. VI-E3 - DATE: 10/26/10 COUNTY • R I . A AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parrish SUBMITTED BY: Housing and Community Services/Housing Housing Ma ge SUBJECT: Contract Cancellation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189102-5420-583000-500 HOME Program PREVIOUS ACTION: July 20, 2010 —Board approved award. RECOMMENDATION: Board approval to cancel contract C10-06-239 with Sunny South Construction, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) Daniel S. McIntyre Originating Dept. ( ) Beth Ryder OMB Director ( ) Budget Analyst i Marie Gouin Sophia Holt Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manage DATE: October 26, 2010 t�' SUBJECT: Contract Cancellation ITEM NO. VI — E3 Background: On September 14, 2010, Sunny South Construction submitted various change order items. The total contract price, including additional items, would exceed 50% of the buildings value. In accordance with program guidelines, if the value exceeds 50% of the assessed value, a replacement of the home should occur. Staff has discussed the situation with the homeowner and has decided to not participate in the program. Recommendation Board approval to cancel contract C10-06-239 with Sunny South Construction, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Voluntary Withdrawal Form St. Lucie County HOME Consortium 437 N 7th Street Fort Pierce FL 34950 Phone: 772-462-1290 Fax: 772-462-2855 October 8, 2010 To: The St. Lucie County Housing Division Re: Voluntary Withdrawal from St. Lucie County HOME Consortium Homeowner Program 1�� e restat the contract between Sunny South Construction and I, for rehabilitation assistance with the St. Lucie County HOME Consortium be cancelled at this time. I understand that the cost to rehabilitate my home is more than 50% of its value and is deemed a demolition rebuild. I understand that this action is irreversible and that my eligibility will be forfeited for the remainder of this program. This withdrawal is made voluntarily, without coercion or influence from any governmental agent, of my own free will. The government, their representatives and/or agents, any State agency, and any private firm associated with the functioning of the program are hereby held harmless. I desire/do not desire (circle one) to make a statement regarding the reason for my withdrawal. (Please write any amplifying information in the following space or attach on a separate sheet). Signature Date D 27 ITEM NO. VI-E4 DATE: 10/26/10 �COUNTY • I . A AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Housing and Community Services/Housing Housing Mana r SUBJECT: St. Lucie Habitat for Humanity Community Housing Development Organization Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189101-5420-583000-500 HOME FY08 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity Community Housing Development Organization, as outlined in the agenda memorandum and authorization for the Chairman to sign the agreement as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: tk) APPROVED ( ) DENIED ( ) OTHER --�� Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ), Beth Ryder Community Services MEMORANDUM TO: Board of County Commissioners n' THROUGH: Beth Ryder, Director/' FROM: Jessica Parrish, Housing Manager DATE: October 26, 2010 SUBJECT: St. Lucie Habitat for Humanity Community Housing Development Organization Agreement ITEM NO. VI-E4 Background: Annually, St. Lucie County receives Home Investment Partnership Funds (HOME) from the US Department of Housing & Urban Development. HOME funds must be used to provide affordable housing to low and moderate income persons. A minimum of fifteen (15%) percent of these funds must be set aside for affordable housing development by a Community Housing Development Organizations (CHDO's). A CHDO is a non-profit organization that has a mission of providing affordable housing. Organizations that want to access CHDO funds must first be certified by the County. The County must use established HUD standards to determine if an organization can be certified. All non -profits must be certified every time they apply for new CHDO funding. Once a CHDO funded project is complete, the non-profit is no longer an active CHDO until they apply for additional funding and are re -certified. Staff is recommending award to St. Lucie Habitat for Humanity Community Housing Development Organization $96,000 from the FY08 allocation. This funding will be used towards the purchase and rehabilitation of a home approved by the St. Lucie County HOME Consortium. Once the rehabilitation is complete, the home will be sold to a qualified homebuyer. Recommendation Board approval of the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity Community Housing Development Organization, as outlined in the agenda memorandum and authorization for the Chairman to sign the agreement as approved by the County Attorney. Attachments: Affordable Housing Development Agreement Project Proceeds Agreement ST. LUCIE COUNTY HOME CONSORTIUM PROGRAM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT This agreement is entered into this of 200 by and between the St. Lucie County HOME Consortium, a municipal corporation that includes St. Lucie County Board of County Commissioners, Martin County Board of County Commissioners and Indian River County Board of County Commissioners organized and existing under the laws of Florida, hereinafter referred to as "HOME CONSORTIUM," and the St. Lucie Habitat for Humanity Community Housing Development Corporation, a not for profit corporation and Community Housing Development Organization, hereinafter referred to as "RECIPIENT." WITNESSETH: WHEREAS, the HOME CONSORTIUM and St. Lucie County have received federal funding pursuant to the HOME Investment Partnership Program, hereinafter referred to as "HOME" to expand the supply of decent, safe, sanitary and affordable housing; and WHEREAS, the financial assistance to Community Housing Development Organizations (CHDOs) is a permitted use of HOME funds; and WHEREAS, the HOME CONSORTIUM has established a program to provide financial assistance to CHDOs to provide housing to lower income residents; and WHEREAS, RECIPIENT is eligible to receive, and desires to receive, HOME funds to assist in the development of affordable housing for lower income residents; and WHEREAS, HOME CONSORTIUM and RECIPIENT desire to enter into this Agreement to permit the RECIPIENT to receive HOME funds; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. USE OF THE HOME FUNDS The HOME CONSORTIUM agrees to provide RECIPIENT HOME funds in the amount of $96,000 for grant fiscal year 2008. RECIPIENT will use the HOME funds to assist in the development of single-family housing units. Upon successful completion and performance in the expenditure of these funds in accordance with the CHDO guidelines, additional years of funding not to exceed 15% of each annual allocation of HOME funds will be available. HOME CONSORTIUM'S payment of the HOME funds represents the HOME CONSORTIUM's entire financial contribution of HOME funds, and the RECIPIENT shall provide all additional funds necessary to develop affordable housing. RECIPIENT may use HOME funds as provided in the CHDO guidelines incorporated herein as Exhibit A. RECIPIENT agrees to use the HOME funds for Fiscal Year. Failure to expend funds by these dates shall cause this agreement to be terminated with no further financial obligation to the HOME CONSORTIUM. 2. AFFORDABILITY RECIPIENT certifies that the housing developed by the RECIPIENT, hereinafter referred to as the "REAL PROPERTY" will have 1) an initial purchase price; and 2) an estimated appraised value following the development of each home, hereinafter referred to as "SALES PRICE," not in excess of 95% of the median purchase price for single- family housing (one family residence), for the jurisdiction as determined by the United States Department of Housing and Urban Development, hereinafter referred to as "HUD." 3. REPAYMENT OF HOME FUNDS RECIPIENT agrees to repay the full amount of the HOME funds to the HOME CONSORTIUM, that have been disbursed to the RECIPIENT in the event the RECIPIENT fails to comply with the terms of this Agreement. 4. COMPLIANCE WITH APPLICABLE LAW The laws of the State of Florida shall govern this agreement. RECIPIENT covenants to promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations and rules relating to services to be preformed hereunder and in at the time of performance, including: a) 24 CFR 221 limits. b) 24 882.109 regarding housing quality standards; c) 24 CFR 92.350 regarding equal opportunity; d) 49 CFR Part 24, sub -part B, regarding the Uniform Relocation Act; 24 CFR regarding marketing procedures; f) 24 CFR Part 51 regarding environmental requirements g) 24 CFR 92.355 regarding lead -based paint; h) 24 CFR 92.356 regarding conflict of interest; and i) 24 CFR 92.357 regarding debarment and suspension. RECIPIENT, by executing this agreement, acknowledges that the RECIPIENT is not relying upon any representations of the HOME CONSORTIUM to the above regulations and that the RECIEPIENT is responsible for understanding and complying with all applicable regulations. 5. Resale Provision, Affordability Period and Principal Residence Requirement All units sold to BENEFICIARIES must remain affordable by recording a deferred payment loan according to the amount of assistance provided as follows: Affordability period Assistance Amount 5 Years Up to $15,000 10 Years $15,001 and $40,000 15 Years $40,001 and above 20 Years New Construction For this period, the client is required to maintain the home as their primary residence. The CHDO is required to monitor primary residence annually. In the event the BENEFICIARY sells the home within the affordability period, the client must pay back the loan amount. The recaptured funds will be limited to net proceeds and they will be returned to the St. Lucie County HOME Consortium. Rental units are subject to the HOME affordability rental requirements in accordance with 92.252. 6. RECORD AND REPORTS The RECIPIENT must submit to the HOME CONSORTIUM all records and reports necessary to insure the HOME CONSORTIUM'S compliance with HUD Regulations. These include, but are not limited to, copies of the documents proving the eligibility of the RECIPIENT and BENEFICIARIES, appraisals, closing statements, construction documents and costs, the race and sex of all contractors and subcontractors, proof of the prior occupancy of the REAL PROPERTY. The HOME CONSORTIUM shall require that the recipient submit quarterly reports on March 31sc June 301h, September 30, and December 315t 7. ENFORCEMENT OF THE HOME AGREEMENT The RECIPIENT agrees to execute a Promissory Note to permit the HOME CONSORTIUM to enforce this Agreement. Failure of the RECIPIENT to comply with the terms of this agreement or the loan documents will be a default of the Promissory Note and appropriate legal actions, including foreclosure may be taken. 8. DURATION OF THE AGREEMENT Upon successful completion and performance in the expenditure of HOME funds this contract is ongoing. WITNESSES: ST. LUCIE COUNTY HOME CONSORTIUM RESPONSIBLE ENTITY: WITNESSES: ST. LUCIE HABITAT FOR HUMANITY COMMUNITY HOUSING DEVELOPMENT CORP. EXHIBIT A I. Program Description The HOME CHDO Program provides loans to non-profit organizations that qualify as a Community Development Housing Organization (CHDO) using guidelines published by the U.S. Department of Housing and Urban Development (HUD). The CHDO may use the funds to provide permanent owner -occupied housing for lower income families. The housing funds may be used by the CHDO to acquire vacant land and construct new housing, acquire and demolish a blighted structure and create new housing, or acquire and renovate existing housing. The CHDO will be expected to acquire, develop and sell the property and to identify and assist qualified buyers. Properties assisted with HOME CHDO funds must maintain affordability for a period based upon the HOME CONSORTIUM Action Plan. II. CHDO Designation To be eligible to receive HOME CHDO funding the non-profit organization must be designated as a CHDO by the Office of Housing and Community Development. Following the adoption of the Consolidated Plan, the Office of Housing and Community Development will accept applications from non-profit agencies wanting to be certified as a CHDO. To be certified, the non-profit must submit the HUD "CHDO" checklist. Non- profit agencies may submit CHDO checklists to the Office of Housing and Community Development at other times, only if the agency is requesting designation for the purpose of applying for CHDO funds from another organization, such as the Florida Housing Finance Corporation. Following a review of the information, the Office of Housing and Community Development will notify each applicant, in writing, whether the agency has met the requirements of becoming a CHDO. The agency will have the ability to appeal the decision of the Office of Housing and Community Development using the appeals process described in Section XII of these policy guidelines. III. Program Requirements All program funds must be used to create additional, permanent owner -occupied housing. All units must be sold to individuals or families that have incomes at or below 80% of the Area Median Income, as adjusted by family size. All funds must be used in compliance with the HOME Program rules and regulations. CHDO staff must submit proposed projects to the HOME CONSORTIUM for review and approval prior to expending funds. Eligible HOME CHDOs are required to provide proof of continued education for staff members administering the HOME funds. IV. Uses of Program Funds Funds may be used for the following eligible uses: 1. Acquisition of vacant land that will be used within 12 months for the construction of eligible units 2. Construction of new housing units. 3. Acquisition of a blighted structure that will be raised and used for the construction of new housing. 4. Acquisition of existing housing that will be renovated and sold. 5. Costs incurred by the applicant prior to the award of funds to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible for reimbursement under HOME program guidelines. 6. Appraisals, surveys and other costs incurred by the applicant to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible costs under the HOME program 7. Soft costs such as appraisals, surveys and closing costs related to activities which otherwise comply with these guidelines. 8. Closing costs 9. Developer's Fees (limited as described below). 10. Acquisition, rehabilitation and or construction of housing units for rental 11. Other eligible uses as approved by the Director of the St. Lucie County Community Services Department. V. Eligible Properties All properties assisted with HOME CHDO Funds must be located in the unincorporated areas of St. Lucie County, Martin County, or Indian River County and have potable water, sewer or septic and utilities available. If public water and / or sewer are available to the site, the property must connect to the public supply. The non-profit agency must be able to obtain fee simple title to the property. The property may not be tenant occupied and if the property contains a housing unit that was built before 1978, any rehabilitation must comply with the federallead based paint regulations. No property may be purchased from the person or entity that will develop the property or any person or entity related thereto. VI. Maximum Assistance Per Unit The maximum amount of HOME CHDO Funds that may be spent on any housing unit is the maximum amount permitted under the HOME program rules. VII. Developer's Fee In recognition that the non-profit will incur expenses to develop housing and will need to be paid for these services, the Office of Housing and Community Development will pay the successful non-profit agency a developer's fee. The developer's fee will be paid at the rate of 10% of the HOME award for housing developed with HOME funds. In return for the developer's fee, the non-profit agency is expected to provide the following services: 1. Acquiring the property, using due diligence to determine if the property is buildable and eligible for HOME funding. 2. Determining the type of home that will be built on the site 3. Providing the neighborhood association, if one exists, with information about the proposed project. 4. Supervising the construction of the home 5. Identifying the buyer for the home 6. Identifying a suitable lender who will make the 1 st mortgage on the property 7. Arranging for the sale of the property The schedule for the payment of the developer's fee will be disbursed at the completion of the project. The receipt of a developer's fee is at the option of the applicant. The fee may be used to pay for the cost of administering the program or to purchase additional eligible housing. X. Compliance with the HOME Consortium Action Plan The CHDO is responsible for understanding the HOME rule and the HOME CONSORTIUM Action Plan. XIV. Construction Management The non-profit agency will be responsible for the administration of the construction contract. The non-profit will execute all documents necessary to acquire the property, all construction contracts and issue the notice of commencement. The non-profit agency will inspect the construction and make decisions on the quality of work and approve all construction payments. All requests for payment from the contractor must be submitted to the non-profit for payment. Successful non-profit agencies should be encouraged to seek donations for materials and labor to reduce the cost of housing for residents. In recognition that applying for and coordinating the receipt of donations is an additional expense to the non-profit agency, the resulting savings for donated materials and labor is to be distributed as follows: • A minimum of 50% of the savings must be used to reduce the cost of the housing for the beneficiary • A maximum of 50% of the savings may be awarded to the non-profit agency. • These funds must be used for direct housing services for lower income residents. • A maximum of $10,000 of donations may be claimed for each housing unit and the maximum credit that any non-profit agency may receive for donated materials and / or labor will be $5,000 per unit. XV. Eligibility of Beneficiaries The non-profit agency will select the beneficiaries that will purchase the units using its written criteria. In addition, the beneficiaries must have an income at or below 80% of the Area Median Income, adjusted for family size, or at the income level contained in the non -profit's application, whichever is lower and be able to obtain a first mortgage for the purchase of the property. XVI. Sale of Units All properties must be sold to eligible buyers for the appraised cost or the cost to develop the units, whichever is less. The eligible buyer may receive a subsidy to purchase the unit. The policies for the Down Payment Assistance Program will be used for this award. The subsidy will be lent at a 0% interest rate and be for a term based on the affordability period. In the event the property is sold, transferred or no longer occupied by the applicant during the affordability period, the balance of the loan will be due. XVII. Reduction or Termination of Awards It is the desire of the St. Lucie County HOME Consortium to insure that each funded agency is successful in meeting the needs of the residents. However, if the non- profit agency is unable to meet the timeline for the use of funds or use the funds for eligible activities, the Manager of the St. Lucie County HOME Consortium may terminate funding to the non-profit agency. Prior to terminating any funding, written notice must be provided to the agency and the agency given a period of time to correct the problem. In addition, the Manager must attempt to meet with the head of the non- profit agency and offer technical assistance to assist the agency in meeting the requirements of the program. XVIII. Administration of the Program The Manager of the St. Lucie County HOME Consortium will administer the HOME CHDO Program consistent with these policies. In the event an affected party believes that the Manager is not interpreting these policies correctly, the affected party must request a meeting with the Manager to discuss the policy in order to discuss and seek resolution on the conflict. If the affected party is unable to resolve the issue, the affected party will have the ability to appeal the Manager's decision to the St. Lucie County Community Services Director. The written appeal must be filed with the Director within 15 days of the meeting with the Manager. The affected party must, in writing, describe the issue and the reason they believe the interpretation is not accurate. The County Management Staff will consider the request, within 45 days, and make a final decision. The decision of the County Management Staff is final and may not be further appealed. XIX. Conflicts with Federal Law In the event these policies are found to conflict with federal law, now or in the future, the federal law will take precedence. The Manager of the St. Lucie County HOME Consortium is delegated to amend these policies to the extent necessary to make these policies consistent with federal law. Within five working days of making any changes to these policies, the Director must notify the County Management Staff with a description of the changes made to these policies and the reason for any changes. ST. LUCIE COUNTY HOME CONSORTIUM PROGRAM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION NET PROCEEDS AGREEMENT This agreement is entered into this of , 200_ by and between the St. Lucie County HOME Consortium, a municipal corporation that includes St. Lucie County Board of County Commissioners, Martin County Board of County Commissioners and Indian River County Board of County Commissioners organized and existing under the laws of Florida, hereinafter referred to as "HOME CONSORTIUM," and the St. Lucie Habitat for Humanity Community Housing Development Corporation, a not for profit corporation and Community Housing Development Organization, hereinafter referred to as "RECIPIENT." WITNESSETH: WHEREAS, the HOME CONSORTIUM and St. Lucie County have received federal funding pursuant to the HOME Investment Partnership Program, hereinafter referred to as "HOME" to expand the supply of decent, safe, sanitary and affordable housing; and WHEREAS, the financial assistance to Community Housing Development Organizations (CHDOs) is a permitted use of HOME funds; and WHEREAS, the HOME CONSORTIUM has established a program to provide financial assistance to CHDOs to provide housing to low income residents; and WHEREAS, RECIPIENT is eligible to receive, and desires to receive, HOME funds to assist in the development of affordable housing for low income residents; and WHEREAS, HOME CONSORTIUM and RECIPIENT have entered into an agreement to permit the RECIPIENT to receive 15% of the HOME Consortium annual allocation of HOME funds; WHEREAS, HOME CONSORTIUM and RECIPIENT wish to enter this agreement to specify that net proceeds will be reinvested into the CHDO rather than being repaid to the HOME CONSORTIUM. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FO! LOWS- 1. USE OF NET PROCEEDS FROM HOME FUNDED PROJECTS 'in .. .•r,. roil ...,a ., a t`; �ff'�''� ^ Siy�_`��T111�A _� .� .n :.It1h RFC1P!F��T - i:�r i•af.� a_.i ii,ii lit,i � l+ilk,._ ,_ii_ • •if i,i ltYi r3 i'i t'c�ii nr .iii(1p F,e HOME funds in the amount of up to 15% of each annual allocation of HOME funds. RECIPIENT will use the HOME funds to assist in the development of single-family housing units. RF^,!Pl; NT �„r-, thAt thA- a .Ir ili s..s,rn *-,--n... n HO ndi; m- ! hem Ei r,.,li-�.� iir,c ii r ni-i „lt;..i--.'��i.� li•,lil l��l :t,sr�tinnS �i��n:: -i4it ,ii accounted for and will remain with the CHDO to be used to continue funding HOME eligible Air.tivitinq ncl i'in,n- 1. Acquisition of vacant land that will be used within 12 months for the construction of eligible units 2. Construction of new housing units. 3. Acquisition of a blighted structure that will be raised and used for the construction of new housing. 4. Acquisition of existing housing that will be renovated and sold. 5. Costs incurred by the applicant prior to the award of funds to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible for reimbursement under HOME program guidelines. 6. Appraisals, surveys and other costs incurred by the applicant to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible costs under the HOME program 7. Soft costs such as appraisals, surveys and closing costs related to activities which otherwise comply with these guidelines. 8. Closing costs 9. Developer's Fees (limited as described below). 10. Acquisition, rehabilitation and or construction of housing units for rental 11. Other eligible uses as approved by the Director of the St. Lucie County Community Services Department. 2. RECAPTURE FUNDS Recapture funds will be limited to net proceeds, and these funds will be returned to the St. Lucie County HOME Consortium. 3. RECORD AND REPORTS The CHDO must submit an annual report to the St. Lucie County HOME Consortium that lists all net proceeds and recaptured funds received during that fiscal year no later than 30 days after the fiscal year ends. The report shall be continued year to year to provide evidence that the HOME funds are being reinvested in eligible activities. 4. CONTRACT TERM Upon successful completion and performance in the expenditure of HOME funds this contract is ongoing. WITNESSES: ST. LUCIE COUNTY HOME CONSORTIUM RESPONSIBLE ENTITY: WITNESSES: ST. LUCIE HABITAT FOR HUMANITY COMMUNITY HOUSING DEVELOPMENT CORP. ITEM NO. VI-F1 0. DATE: 10/26/10 ;COUNTY IF L ` ' AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -ID ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Park and Recreation Services Division Manager SUBJECT: Palm Lake Park Open Space Rental Fees for the 2011 Fast Electric Nationals BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 5, 2006 — BOCC approval of Facilities Use Agreement RECOMMENDATION: Board approval of Wave Blasters of Florida's donation in lieu of $800 in open space rental fees for Palm Lake Park for the 2011 Fast Electric Nationals as outlined in the agenda memorandum. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney ( X ) Originating Dept. (X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Budget Analyst Daniel McIntyre Debra R. Brisson Purchasing ( ) 7 COUNTY F L 0 R I D A Parks and Recreation Services MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, DirectorttC,A FROM: Mark DiMascio, Division Manage DATE: October 26, 2010 SUBJECT: Palm Lake Park Open Space Rental Fees for the 2011 Fast Electric Nationals ITEM NO. VI-F1 Background: In December 6, 2006, the Board approved a Facility Use Agreement with Wave Blasters of Florida, a local radio controlled model boat club. The five year agreement allows the club to use Palm Lake Park in Indian River Estates on Sundays for $1.00 per year. Wave Blasters of Florida is a member of the North American Model Boating Association (NAMBA), a registered 501(c)(7) nonprofit membership organization. Wave Blasters have been given the opportunity to host NAMBA's 2011 Fast Electric Nationals in May. The four -day event is expected to attract 35-40 participants and approximately 50 spectators. The club is requesting a waiver of the open space rental fees of $800. Last year the club spent $290 to have Palm Lake treated for algae. The club has agreed to have the lake treated for algae in 2011 and 2012. Therefore, staff is recommending acceptance of this donation in lieu of the open space fees for the 2011 Fast Electric Nationals based upon the club's commitment to pay for the two algae treatments. Since Palm Lake Park is located in the heart of a residential community, confirming community support was essential. Wave Blasters received unanimous support for the event from the Indian River Estates Association meeting held on September 22, 2010, per the attached letter from Kathy Dwyer, Indian River Estates Association Secretary. Recommendation: Board approval of Wave Blasters of Florida's donation in lieu of $800 in open space rental fees for Palm Lake Park for the 2011 Fast Electric Nationals as outlined in this agenda memorandum. SDIAI� 5a� RIVER ASSOCIATION, I� 1015110 Dear St. Lucie County Commissioners, This letter is in reference to the Wave Blasters of Florida, a radio controlled model boat club that has used Palm Lake Park located in Indian River Estates every Sunday morning for the past four years. They are a nice addition to our community as they are good stewards to the park and frequently are joined by Indian River Estates residents who enjoy watching their boating maneuvers. They have recently notified our Homeowners' Association about the possibility of hosting their National Wave Blasters event at Palm Lake Park in the Spring of 2011. We hope this event is awarded to them and that they will have the opportunity to hold it at Palm Lake. We understand that a fee of $800.00 is being charged by Parks & Recreation for use of this park for this event. Our Association is requesting that you consider waiving or reducing this fee for this organization. This is a small organization with a relatively small membership which results in an equally small amount of funding for this event. As you are aware many non- profits have struggled since the hurricanes and economic downturn to continue on. This is not going to be a large event nor will it be an annual event, but it will bring an increase in motel and restaurant services and positive publicity, which is always a good thing for our County. This matter was discussed at our September Board Meeting, which Ken Haines, President of Wave Blasters, attended. The I.R.E.A. Board Members were in full agreement to make this request. It will be on the Agenda for the October 121h Board of County Commissioners' Meeting. We hope you will consider waiving or substantially reducing the fee. Thank you for your consideration in this matter. If you have any questions on this matter, please contact Linda Bollman, President of I.R.E.A., at 466-4755. Sincerely, Kathy Dwyer, Secretary, LR.E.A. 464-7210 1� COUNTY F L A R I D A AGENDA REQUEST ITEM NO. VI-F2 DATE: 10/26/10 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debra Brisson SUBMITTED BY: Park and Recreation Services Director SUBJECT: Facility Use Agreement with St. Lucie Historical Society, Inc BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of a Facility Use Agreement with the St. Lucie Historical Society, Inc. for operation of the St. Lucie County Regional History Center as approved by the County Attorney and authorization for the Chairman to execute the Agreement. COMMISSION ACTION: ( APPROVED ( ) OTHER County Attorney ( X ) ( ) DENIED Approved 5-0 Originating Dept. (X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Budget Analyst Daniel McIntyre Debra R. Brisson Purchasing ( ) Parks and Recreation Services MEMORANDUM TO: Board of County Commissioners FROM: Debra Brisson, Director (ttb" DATE: October 26, 2010 SUBJECT: Facility Use Agreement with St. Lucie Historical Society, Inc. ITEM NO. VI-F2 Background: As a result of significant reductions in General Fund revenues, the recommendation was made by County staff to temporarily close the Regional History Center (RHC). Subsequent to the public discussion of this recommendation, several citizens contacted Commissioners about using volunteers to keep the RHC open. During Strategic Planning, the Board of County Commissioners (BOCC) directed staff to meet with volunteers from various organizations who had stepped forward to offer assistance in keeping the St. Lucie County Regional History Center open. In meetings with these volunteers the organizations agreed that the St. Lucie Historical Society was in the best position to be the lead agency. The attached Facility Use Agreement provides for the following: Term of the Agreement: October 1, 2010 through September 30, 2013 with two (2) additional one (1) year extensions. Either party may terminate the agreement with sixty (60) days notice. Historical Society agrees to: ■ Assume full responsibility for operation, management and staffing; ■ Operate the Regional History Center a minimum of twenty (20) hours per week, fifty (50) weeks per year; ■ Provide daily janitorial services and supplies for inside facilities; • Conduct annual background screenings of all volunteers and employees; ■ Repair and/or pay for all damages to the premises caused by Historical Society, its volunteers and other invitees, employees, agents or independent contractors; ■ Obtain prior written approval to change, alter, modify any exhibits, artifacts, kiosks, displays, etc.; ■ Remit to County fifty percent (50%) of all program and admission revenue on a quarterly basis; ■ Use all proceeds to benefit the History Center; ■ Provide general liability insurance as required by Risk Management; and ■ Allow County to audit books. The County agrees to: • Maintain all existing buildings, including fixed building equipment, grounds and outdoor exhibits to the extend funding is available; • Provide office furniture and equipment; • Provide access to internet and three phone lines; • Install an electronic surveillance and monitoring system; • Provide water, sewer and electric service and pest control; and • Allow the Historical Society to establish a gift shop in the History Center During negotiations, it was determined it would be cost -prohibitive for the Historical Society to obtain Museum Collection insurance. This insurance would have reimbursed the County for any theft, loss or mysterious disappearance of an artifact during the term of the Facility Use Agreement. The County has Museum Collection insurance which will continue to cover all artifacts during the term of the agreement. In lieu of providing this insurance, the Historical Society has agreed to language that allows the County to suspend all operations at the History Center with 24 hours notice pending an investigation should an item in the inventory be unable to be located. The Board of Directors of the St. Lucie Historical Society, Inc. approved the agreement on Monday, October 11, 2010. Once approved by the BOCC, County staff and representatives from the Historical Society will verify the inventory of artifacts, displays, furniture and equipment. This process is expected to take at least three weeks during which time the History Center will remain closed. Prior to re -opening, County staff will provide training to Historical Society representatives and the Historical Society will provide training for its volunteers. The anticipated date for reopening is November 10, 2010. Recommendation: Board approval of a Facility Use Agreement with the St. Lucie Historical Society, Inc. for operation of the St. Lucie County Regional History Center as approved by the County Attorney and authorization for the Chairman to execute the Agreement. REGIONAL HISTORY CENTER (RHC) FACILITY 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 ST. LUCIE HISTORICAL SOCIETY, INC., a Florida nonprofit corporation, hereinafter referred to as "Historical Society". WITNESSETH: WHEREAS, the County has operated a facility at Museum Point Park known as the St. Lucie County Regional History Center (hereinafter referred to as the "History Center"); and WHEREAS, the St. Lucie Historical Society, Inc.'s Board of Directors has approved the Historical Society operating the History Center; and WHEREAS, the County and Historical Society desire to continue to operate the History Center in its present location to preserve the history of St. Lucie County and to continue to provide a destination for tourists; and WHEREAS, the County is willing to enter into this Agreement with the Historical Society to operate the History Center; and; WHEREAS, the President of the St. Lucie Historical Society, a 5010 organization, agrees to be the key contact person as the Director for this Agreement and shall designate two (2) Historical Society members as Assistant Directors, NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, it is AGREED AS FOLLOWS: 1. SITE AND INVENTORY. A. The parties further acknowledge and agree that the History Center is located at 414 Seaway Drive, Museum Point Park, St. Lucie County, Florida (the "Site") and consists of the building and grounds set forth in the diagram as set forth in Exhibit "A." B. The Parties further acknowledge and agree that the History Center contains an extensive collection of displays, artifacts, equipment, books and materials that are the property of the County. On or before October 31, 2010, the Parks & Recreation Director or designee and the Historical Society Director and/or Assistant Directors will conduct an on -site inventory to verify the accuracy of Exhibit "B" (the Inventory). If any changes are necessary, the revised Inventory will be signed by the Historical Society Director and the 1 Parks & Recreation Director and accepted as an Amendment to Exhibit B of this Agreement. Both parties acknowledge the accuracy of the Inventory of the on -site artifact collection, computers, equipment, fixtures and furniture and their location in the History Center attached hereto as Exhibit "B", as it may be amended, and acknowledge that no other artifacts, computers, equipment, fixtures and furniture, other than those listed in Exhibit "B", are present at the Site. C. The Parties acknowledge that the County maintains artifacts and historical documents off - site. The County will retain control over and care of those items. D. During the term of this Agreement, the Parties agree that the Historical Society may request items from the off -site inventory to display at the Site and may request removal of items listed in Exhibit "B", as it may be amended. a. The request shall be in writing from the Historical Society Director to the Parks & Recreation Director. The specific items requested to be added and/or removed, as listed in Past Perfect data base, shall be included in the request. b. If approved, the Parks and Recreation Director or designee and Historical Society Director shall verify the physical delivery and/or removal of the items from the most current Inventory and execute an Amendment to Exhibit B. The Amendments will be dated, numerically numbered, signed by the Parks and Recreation Director and Historical Society Director and maintained by both Parties. c. The Parks & Recreation Director or designee shall be responsible for updating the information in the Past Perfect database consistent with Exhibit B, as it may be amended. 2. TERM; RENEWAL. A. Subject to early termination as set out in Paragraph 15, the term of this Agreement shall be for a period beginning October 1, 2010 and continuing through September 30, 2013. B. At the end of the term, the parties may extend the term of this Agreement by mutual agreement for two additional one (1) year periods upon such terms and conditions as the Parties may agree. C. Such periods shall run consecutively so as to make this Agreement continuous in its operation from the beginning to its termination, a period of five (5) years. In the event that the Parties do not agree on terms before the expiration of this Agreement, the Historical Society shall have no further rights under this Agreement. 3. HISTORICAL SOCIETY USE OF THE HISTORY CENTER - GENERAL COVENANTS. During the term of the Agreement, Historical Society covenants and agrees as follows: A. Subject to the provisions of this Agreement, during all hours of operations, the Historical Society shall assume full responsibility for the operation, management, and staffing of the History Center as herein stated. 2 B. To the greatest extent feasible, the Historical Society shall secure and maintain all artifacts, displays, kiosks and exhibits which are the property of St. Lucie County according to National Standards and Best Practices for Museums. In no case, shall the security and maintenance of the History Center artifacts, kiosks, and exhibits listed in Exhibit B, as it may be amended, be less than those in place at the time of the execution of this Agreement. C. The Historical Society shall not move, alter, modify or remove any artifacts, displays, kiosks, equipment, exhibits or other County property on or from the Site without prior written permission of the Parks and Recreation Director or designee. D. Historical Society shall be responsible for the cost to replace or repair any of the existing items in the Inventory (Exhibit B), as it may be amended, including artifacts, books, display cabinets, office furniture, office equipment, kiosks, etc. which are identified as missing or damaged, if the damage or loss is caused by the negligent act or omission of an employee or volunteer provided by the Historical Society. E. At least one survey will be conducted per year by the Parks & Recreation Director or designee in conjunction with the Historical Society Director or designee. The purpose of the survey shall be to ensure the Inventory (Exhibit B), as it may be amended, is current. Either parry may request a survey at any time with reasonable notice to the other party. F. Within fifteen (15) calendar days of completion of the annual survey of the Inventory, the Historical Society shall be notified of any discrepancies in the Inventory and be provided fifteen (15) calendar days to provide the missing or damaged items, pay for the missing or damaged items and/or provide evidence of filing a claim with the Historical Society's insurance provider. G. The Historical Society Director shall notify the Parks and Recreation Director or designee in writing if any artifacts need refurbishment. The Parks and Recreation Director or designee shall determine the necessity and financial ability to refurbish and reply in writing to the Historical Society Director. H. Historical Society shall promote the History Center and recognize the County in all press releases, advertisements and signage. I. Historical Society's personnel and volunteers shall have the right to view the County's Past -Perfect software system. The County shall be the only System Administrator. J. Except as pre -approved by the Parks & Recreation Director, the Historical Society shall open and operate the Site a minimum of twenty (20) hours per week, fifty (50) weeks a year for viewing by the general public. The Historical Society shall provide the proposed operating hours for each quarter no later than 14 days prior to October 1, January 1, April 1 and July 1 of each year. b. Any changes in the hours or days of operating the History Center shall be pre - approved by the Parks & Recreation Director in writing. In case of an unscheduled closure due to an emergency or lack of staffing, Historical Society Director will immediately contact the Parks & Recreation Director or designee. c. If the Historical Society receives approval from the Parks & Recreation Director to be open on a County holiday, the Historical Society acknowledges that County staff will 3 not be available except in cases of emergency. If the County is required to respond to an emergency on a County holiday that is related to the History Center being open, the Historical Society shall reimburse the County costs associated with the emergency response. K. Historical Society shall offer ongoing educational tours to school groups at admission prices determined by the County during regular operating hours of the History Center. L. Historical Society will be responsible for daily janitorial services and supplies, for inside the facilities, including but not limited to janitorial, office and restroom facilities. M. Historical Society shall be responsible for any charges or fees due to false alarms which exceed two per year. 4. HISTORICAL SOCIETY'S OPERATIONS. A. Historical Society Director a. The Chair of the Historical Society Board of Directors shall be designated the Historical Society Director for purposes of this Agreement. The Historical Society President and Board shall designate two (2) Historical Society Assistant Directors for purposes of this Agreement. b. The Parks and Recreation Director shall be advised in writing of the name, address, and phone numbers (home, cell and office) of the Director and Assistant Directors. The Parks and Recreation Director may approve a list of additional persons qualified to provide relief for the Director and Assistant Directors. Said relief shall not include opening or closing of the History Center. c. The Historical Society Director or one of the two Assistant Directors shall be on -site during all operating hours unless designees are approved by the Parks & Recreation Director. The Historical Society Director or one of the two Assistant Directors may also be present on -site of the Regional History Center during non -operating hours but shall notify the Parks & Recreation Director or designees of their presence and expected length of stay for security purposes. No other members of the Historical Society or volunteers may be present during non -operating hours without the Historical Society Director or an Assistant Directors present. d. The Director shall be the authorized representative of Historical Society and entitled to act in all matters relating to the daily operation of the History Center. The Director and/or Assistant Directors shall be responsible for opening and closing the Site each day of operation and for activating and deactivating the alarm system. Keys shall not be duplicated or loaned and codes to the alarm system shall not be shared with any member of the public or Historical Society personnel and volunteers. e. In the event there is a change in the person(s) serving as the Historical Society Director and/or Assistant Directors, the Parks & Recreation Director shall be notified in writing within 5 business days. Alarm codes will be changed and the transfer of keys will be documented. El B. Personnel a. The Historical Society represents that it has, or will secure at its own expense, all necessary personnel, including employees and/or volunteers, required to perform the services under this Agreement. b. All employees, volunteers or contractors of the Historical Society shall not be employees, volunteers or contractors with the County and have no actual or implied contractual relationship with the County. c. All employees and volunteers of the Historical Society, as well as the Historical Society Director and Assistant Directors shall wear identification provided by the Historical Society. Such identification will clearly indicate that they are representatives of the Historical Society and are not employees of the County. d. The Historical Society agrees to conduct annual background screenings of all volunteers and employees. If any negative and/or criminal information in a background screening of a volunteer or employee, the Historical Society agrees to provide the information to the Parks & Recreation Director for determination as to whether the employee or volunteer is acceptable to the County. e. The County agrees to facilitate the background screening process on behalf of the Historical Society. The cost of background screenings will be the responsibility of the Historical Society and/or its volunteers or employees. C. Quality of Historical Society's Services a. Historical Society shall conduct its operation in an orderly manner so as not to annoy, disturb, or be offensive to customers, patrons, citizens, County employees, other operators, or others in the immediate vicinity of such operations. b. Historical Society shall control the conduct, demeanor and appearance of its officers, members, employees, volunteers, agents, and representatives. The Parks and Recreation Director will notify the Historical Society Director of concerns regarding the conduct, demeanor, or appearance of any such person and provide an opportunity for the volunteer or employee to correct the concerns. Historical Society shall take all necessary steps to address the cause of such objection. The Parks & Recreation Director may request the immediate release of any volunteer if, in the opinion of the Parks & Recreation Director, there is a serious issue or if there are continued concerns regarding a specific volunteer or employee. c. Historical Society shall take good care of said premises, shall use the same in a careful manner and shall, at its own cost and expense except where the County has expressly agreed to pay in this Agreement, keep and maintain the same in good condition and repair, and upon the expiration of this Agreement, or its termination in any manner, shall deliver the premises to the County in no worse condition than the same was at the commencement of this Agreement, loss by fire or other casualty and ordinary wear and tear excepted. d. Historical Society shall safeguard all artifacts, displays, kiosks and exhibits according to National Standards and Best practices for Museums. E e. The Historical Society will develop standard operating procedures for volunteers and operation of the Site which will be reviewed and approved by the Parks & Recreation Director. The procedures will include, but are not limited to, the process for opening and closing of the History Center, collecting and accounting for revenue, including admission and program fees and gift shop sales, instructions on handling injuries and incidents and notification procedures for false alarms and emergencies. f. The standard operating procedures may be modified as needed to address operational efficiencies and concerns with the approval of the Parks & Recreation Director. A draft of the standard operating procedures shall be presented to the Parks & Recreation Director on or before November 1, 2010. The Parks & Recreation Director shall have 30 days to review the draft and approve or approve with modifications. 5. FACILITIES - MAINTENANCE. A. Maintenance; Repairs: a. Historical Society shall, at its sole cost and expense, provide daily janitorial services. b. The Historical Society shall also submit written work order requests to the Parks & Recreation Director or designee for general maintenance or repairs to the building or grounds. The Parks & Recreation Director shall respond within 14 business days as to the disposition of the request which shall be reviewed based on available funding, staff workload and department priorities. c. Historical Society shall repair and/or pay for all damages to the premises caused by Historical Society, its volunteers and other invitees, its employees, agents or independent contractors. B. Security; Safety. a. The Historical Society shall provide reasonable surveillance of the History Center, Gardner House, all property, equipment, artifacts and collections during public hours, or such time as volunteers are on the Site. b. At all times when the Premises are closed, the Premises shall be locked, secured and alarm and video surveillance cameras (if applicable) shall be activated. C. Inspections. a. The County shall do the first safety inspection at the beginning of this Agreement and shall identify any violations existing at the beginning of this term. County shall correct all existing violations, within its budget limitations, and Historical Society shall be responsible for maintaining the violation -free condition after receiving the County's certification that all violations, if any, have been corrected. b. The Historical Society shall conduct safety inspections for such items as blocked fire exits, signage, extension cord use, fire extinguishers and other minor safety violations and immediately correct any violations which pose a threat to health and safety or immediately notify the Parks and Recreation Director or designee. D. Alterations to Site or Artifacts : The Historical Society agrees that it will obtain prior written approval from the Parks and Recreation Director in all of the following matters: 2 a. All changes, alterations, modifications, additions and/or rearrangements of any exhibits, artifacts, kiosks, displays, cabinets, equipment, furniture, signage, any improvements and/or any County personal property; and b. All improvements, including buildings, equipment, furnishing, signing, temporary structures, and advertising installed by Historical Society which shall be in keeping with the appropriate standards of decor at the facilities and in the area. c. The Historical Society shall not remove any County -owned equipment or furnishings without written authorization of the Parks and Recreation Director. All buildings, improvements, and any other fixture of a permanent nature shall become the property of the County at the time installed and shall not be removed (invoices shall be provided to determine the new insurance value). Historical Society agrees that all equipment, furnishings and improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes. d. Historical Society shall not alter or modify any structural portion of the Site, the History Center site or the improvements constructed therein without first obtaining written approval from the Parks and Recreation Director. 6. COUNTY RESPONSIBILITIES The County shall have the following responsibilities during the term of this Agreement: A. To the extent funding is available, the County will maintain all existing buildings as set out in Exhibit "A" and grounds, including the fixed building equipment, such as air conditioners, electric, plumbing, alarm system, etc. B. The County will maintain the grounds and outdoor exhibits to the standard provided in the budget. C. The County shall provide two desktop computers, office furniture, cash register and other equipment as listed in Exhibit C. D. The County shall provide access to the internet and three telephone/alarm lines for the main phone number and an extension. E. Prior to re -opening of the History Center, the County shall install an electronic surveillance and monitoring system. F. Prior to re -opening of the History Center, the County shall provide the Historical Society and Assistant Directors with three sets of keys and codes to the History Center, training and written instructions on opening and closing and securing the facility (including activating and de -activating the alarm system and the operation of the electronic surveillance system). The training and delivery of keys, codes and written instructions shall be documented and signed by both the Parks & Recreation Director and the Historical Society Director and Assistant Directors. G. The County shall also provide water, sewer and electric service and pest control to the History Center as it exists on the date of this Agreement and subject to agreement on the hours of operation. 7 H. The County shall retain control over admission to and use of Museum Point Park, Marine Center and the docks, grounds and parking area (the "Parks"). Nothing contained in this Agreement shall preclude the County from charging fees for, including but not limited to, parking, dock and pavilion rental, and special events. I. The County reserves the right to close the park, which in turn may govern the closing of the History Center. Such occurrences shall be administered through the County's Parks and Recreation Director or designee who will notify Historical Society Director or Assistant Directors. 7. REVENUE A. Admission and Program Fees: a. Admission and program fees shall be established by the County. Members of the Historical Society shall continue to receive free admission. b. Historical Society shall ensure that all admission fees for the History Center are collected and secured. c. Beginning with the first day of operation of the History Center, as agreed by the Parks & Recreation Director and the Historical Society Director, the Historical Society shall provide a written report of the admission and program fee revenue and remit to the Parks & Recreation Director fifty percent (50%) of all such revenue no later than 14 days following January I; April 1, July 1 and October 1 of each year of this Agreement. d. All admission and program fees retained by the Historical Society shall be used to the benefit of the History Center. Beginning October 1, 2011, the Historical Society shall provide a written report to the Parks & Recreation Director demonstrating that that the admission and program fees retained by the Historical Society were used to the benefit of the History Center. B. Gift Shop: a. The Historical Society is authorized to establish a gift shop in the History Center. The location, appearance and layout of the gift shop must be approved in writing by the Parks & Recreation Director or designee and must comply with all local, state and federal laws and regulations. b. The Historical Society will be responsible for the purchase and sale of items in the gift shop which shall be the sole property of the Historical Society. c. The County reserves the right to request that certain items not be sold. d. Proceeds from the gift shop shall be retained by the Historical Society and used to benefit the History Center. e. Beginning October 1, 2011, and each October 1 thereafter for the term of the Agreement, the Historical Society shall provide a written report to the Parks & Recreation Director demonstrating that that the gift shop retained by the Historical Society were used to the benefit of the History Center. �3 C. Photographs and Artifacts: Any use of History Center artifacts, property or equipment other than as prescribed herein, shall be managed by the County and all proceeds collected shall be collected by or paid to the County. D. Facility rental: a. All use of the History Center by any other entity or use by the Historical Society that is not outlined in this Agreement will be managed by the Parks & Recreation Department in accordance with the County Facility Use Policies and Procedures. b. Revenue collected from facility rental of the History Center shall be used by the County for the benefit of the History Center. E. History Center Fundraiser: a. The County and/or the Historical Society may conduct a fundraiser for the exclusive benefit of the History Center. The County may be unable to participate in the fundraiser due to staffing, budget or workload limitations. b. Fundraisers conducted for the benefit of the History Center will not be required to pay County Facility Use fees. However, the County may require reimbursement for non - budgeted expenses and staff time. F. Use of Revenues: a. All revenues collected by the Historical Society or the County pursuant to this Agreement shall be tracked and used exclusively to benefit the History Center operational expenses, volunteer recruitment, facility maintenance or improvements, exhibits and/or programs. b. The Historical Society may use the proceeds to provide a small token of appreciation or annual event to recognize volunteers of the History Center. c. A report regarding the revenues collected by the Historical Society and expenditures shall be provided to the County in accordance with this Agreement. 8. DONATIONS. A. The County will consult with the Historical Society Director as to the recommendation of the Historical Society in accepting a proposed donation or loan. B. The Historical Society shall not accept donations or loans of artifacts, historical items or documents on behalf of the County. C. All donations of artifacts, historical items or documents to the History Center which are accepted by the County shall become the property of the County. D. All donations of artifacts, historical items or documents to the Historical Society which are accepted by the Historical Society shall become the property of the Historical Society. Such donations shall not be stored or displayed at the History Center without the written approval of the Parks & Recreation Director. 9. TAXES. Historical Society is responsible to pay any and all applicable taxes. Payment shall be due and payable as required by law. 9 10. AUDIT. A. Historical Society agrees that the County or any of its duly authorized representatives, at the sole cost and expense of the County, shall, until the expiration of three years after termination of this Agreement or expenditure of revenues collected under this Agreement, whichever comes last, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Historical Society including transactions related to this Agreement with reasonable notice. B. All required records related to this Agreement shall be maintained until three years after termination of this Agreement. 11. INDENINIFICATION. A. To the extent of the insurance requirements set out in paragraph 14, Historical Society, through its insurance coverage, agrees to indemnify and save the County harmless, up to the amount of its insurance coverage limits, from any and all claims, liability, losses and causes of action which may arise out of the Agreement or Historical Society's activities in the demised premises. B. If a claim or loss, which is not covered by insurance is caused by the negligent act or negligent omission of an employee or volunteer of the Historical Society, Historical Society shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, at the County's request, in the name of the County when applicable and shall pay all costs and judgment which may issue thereon. C. The parties acknowledge and agree that but for this indemnification provision, the County would not have entered into this Agreement. Historical Society further acknowledges receipt of $10.00 and other good and valuable consideration provided by the County in support of this indemnification. This indemnification shall survive termination of the Agreement but only for those claims arising prior to the termination of this Agreement. 12. LIABILITY. Liability for Damage or Injury: The County shall not be liable for any damage or injury which may be sustained by any party or persons at the History Center or History Center site, other than the damage or injury caused solely by the negligence of the County. 13. DAMAGE. If the History Center is damaged so as to render any part of it unusable, the County shall have no obligation to repair. 14. INSURANCE. Historical Society shall maintain Comprehensive General Liability Insurance, including Broad Form Property Damage and Personal Injury Liability coverages in; the 6116wini insurance Ico ge limits. Such policies shall name St. Lucie County as additional insured. A. Liability coverage 10 a. (1) Bodily Injury Liability $500,000 each occurrence and Property Damage Liability $ 50,000 each occurrence Or (2) Bodily Injury and Property $500,000 each occurrence and Damage Liability combined single limit B. Workers Compensation Insurance as required by Florida Statutes, covering all employees of Historical Society including employer's liability insurance, with limits of not less than $500,000.00 per accident, if applicable. C. Historical Society shall furnish County prior to October 1 of each year, the Historical Society's Certificate of Insurance evidencing existence of the coverages required above with an insurer approved by the Insurance Commissioner for the State of Florida. St. Lucie County Board of County Commissioners, its officers, and employees shall be named as additional insured's with respect to actions occurring as a result of this Agreement. Each such Certificate shall include the following wording: "St. Lucie County Board of County Commissioners, its officers and employees, are named as additional insured's with respect to actions occurring as a result of this Agreement. 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. D. During the term of this Agreement, the County agrees to procure and pay for and at all times maintain fire and extended coverage on all real property with replacement cost coverage limits of not less than the replacement cost of the History Center as a result of a single occurrence. Proceeds from the fire and extended coverage on the real property and all personal property belonging to the County shall be payable to the County. E. Nothing in this Agreement shall be construed to affect in any way the County's rights, privileges, and immunities, including sovereign immunity as provided by law as set forth in Section 768.28, Florida Statutes. 15. ADDITIONAL COVENANTS OF HISTORICAL SOCIETY. A. Historical Society shall use and occupy the History Center solely for the purposes of operating a Regional History Center open to the general public. Historical Society agrees that it will not, without the prior written consent of the Parks and Recreation Director or designee, use the premises for any other purpose other than that stated herein, nor shall it permit the Site to be used or occupied by any person, firm or entity other than the Historical Society. B. Historical Society shall pay all 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 History Center. 15. TERAUNATION. 11 A. Automatic Termination: The occurrence of any of the following may, at the option of the County, cause the Agreement to be automatically terminated. a. Institution of bankruptcy proceedings by Historical Society. b. Institution of proceedings of involuntary bankruptcy against Historical Society if such proceedings continue for a period of ninety (90) days. c. Assignment of the Agreement for the benefit of Historical Society's creditors. d. Determination by a governmental agency other than the County or court that the Agreement is invalid or violates the terms of any grant or lease agreements. e. Abandonment by Historical Society of, and discontinuance of operations. Abandonment shall include but not be limited to Historical Society's repeated failure to open on a regularly scheduled day without prior authorization of the Parks and Recreation Director. f. If Historical Society disregards laws, ordinances or the instructions of the Parks and Recreation Director or otherwise be guilty of a substantial violation of the promises of the Agreement which presents a danger or threat to health and safety. g. Dissolution of the corporation. B. For Cause. a. If Historical Society fails to perform any terms of this Agreement or performs in a manner which fails to conform to the non -substantial requirements of this Agreement, the Historical Society shall be provided written notification of same and allowed seven (7) calendar days to correct the deficiency. b. If Historical Society fails to correct the deficiency to the satisfaction of the County Administrator within the seven (7) calendar days or within reasonable time frame approved by the County Administrator, this Agreement shall terminate at the expiration of that time period. c. In lieu of providing Museum Collection insurance, the Historical Society agrees that if an item in the inventory assigned to the History Center is unable to be located, the County has the right, with twenty-four (24) hours written notice, to temporarily suspend all operations of the Historical Society at the History Center. This suspension may include, at the County's discretion, the Historical Society having no access to the History Center until the County's investigation is finalized. The County may terminate the Agreement at its sole discretion based upon the findings of the investigation by the County. C. Without Cause. Either party may terminate the Agreement without cause at any time upon sixty (60) calendar days prior written notice to the other parry. D. Suspension. The County reserves the right to temporarily suspend the Historical Society's use of the History Center as provided under this Agreement due to an emergency or as a result of an incident which requires an investigation by the County or a law enforcement agency. 12 E. Removal of Personal Property Upon Termination: a. The Historical Society, within fifteen (15) calendar days following the termination of this Agreement, shall forthwith remove all of its personal property not acquired by the County under the terms of this Agreement. b. Within fifteen (15) calendar days following termination of this Agreement, the Parks & Recreation Director or designee shall conduct an inventory of the History Center utilizing Exhibit B, as it may be amended, to confirm the return of all County property associated with this Agreement. The Historical Society Director or Assistant Director will be notified of the dates of the inventory and may attend the inventory. Within fifteen (15) calendar days of completion of the inventory, the Historical Society shall be notified of any discrepancies in the Inventory and be provided fifteen (15) calendar days to provide the missing items, pay for the missing items and/or provide evidence of filing a claim with the Historical Society's insurance provider. c. Any personal property of Historical Society not removed in accordance with this Article may be removed by the County for storage at the cost of Historical Society or shall constitute a gratuitous transfer of title thereof to the County for whatever disposition is deemed to be in the best interest of the County. d. The County shall not be liable to Lessee for safekeeping of Historical Society's property. e. It is the intention of the parties to this Agreement that all improvements including buildings, parking lots, fixtures and any other real property purchased by Historical Society shall be and will always remain, the property of the County. 16. NON-DISCRIDIINATION. A. Historical Society for itself, its personal representatives, successors in interest, and assigns as a party of the consideration hereof does hereby covenant and agree that: a. No person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. b. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. c. Historical Society shall use the premises in compliance with all other requirements imposed by or pursuant to Title 45, Code of Federal Regulations, Article 80, Non- discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title IV of the Civil Rights Act of 1964, and as said Regulations may be amended. d. Historical Society shall not discriminate against any volunteers, employees or applicant for employment in the performance of the contract with respect to hiring, tenure, terms, conditions, or privileges of employment, or any other matter directly or 13 indirectly related to employment because of age, sex, or physical handicap (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. e. That in the event of breach of any of the above non-discrimination covenants, the County shall have the right to terminate the Agreement and to re-enter and repossess said facilities thereon and hold the same. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. 17. CONFLICT OF INTEREST. A. Historical Society hereby represents and warrants that neither it does not have 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. B. Historical Society further represents and warrants that in the performance of this Agreement, no person having such a known conflict of interest or known possible conflict of interest shall be employed by it. No elected official or other officer or employee of the County 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 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. 18. ASSIGNMENT. A. No party may assign its rights or obligations under this Agreement without the written consent of the other party which consent shall not be unreasonably withheld. B. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 19. ENTIRE AGREEMENT. This Agreement and the attachments hereto represents the entire understanding and Agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representation (if any) made by and between such parties. 20. 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. 14 21. 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. 22. 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. 23. NOTICES. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including 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 Roger Poitras Annex. 2300 Virginia Avenue Fort Pierce, Florida 34982 AS TO HISTORICAL SOCIETY: St. Lucie County Historical Society, Inc. President P.O. Box 578 Fort Pierce, Florida 34954-0578 bennettnan@aol.com With a copy to: St. Lucie County Attorney Roger Poitras Annex 2300 Virginia Avenue 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 sent if by email, (c) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. Whenever any party hereto is required to give the 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. 15 24. 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. 25. 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. 26. 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. 27. 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 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. 28. 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 any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: Deputy Clerk ST. LUCIE COUNTY, FLORIDA BY: 16 Chairman WITNESSES: STATE OF FLORIDA COUNTY OF ST. LUCIE APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST. LUCIE HISTORICAL SOCIETY, INC. a Florida not for profit corporation BY: Before me personally appeared known to me to be the CHAIRMAN of the Board of County Commissioners, St. Lucie County, Florida, and acknowledged to and before me that executed the foregoing instrument for the purposes therein expressed. Notary Public, State of Florida My Commission Expires: STATE OF COUNTY OF Before me personally appeared Nancy Bennett, as President of the St. Lucie Historical Society, and acknowledged to and before me that she executed the foregoing instrument for the purposes therein expressed. S:Atty/Agreements/Contract/Regional History Center FUA (6) Notary Public, State of Florida My Commission Expires: 17 1W ITEM NO DATE: VI- G1 10/26/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director lr� 04 SUBJECT: Fixed Asset Inventory -Property Record Removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Form, from the capital asset inventory of the Clerk of Circuit Court. COMMISSION ACTION: APPROVED () DENIED () OTHER Approved 5-0 Coordination/Signatures County Attorney ( X ) Dan McIntyre Purchasing ( X) Sandra orando CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( ) (Name) (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director j DATE: Octoboer 26, 2010 SUBJECT: Fixed Asset Inventory -Property Record Removal ITEM NO. VI- G1 Background: Per Section 22.3 of the Purchasing Policy Manual, staff is requesting authorization to remove the fixed asset, as listed on the attached Property Disposition Form (page 1), from the inventory of the Clerk of Circuit Court. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of Circuit Court. -w ep rtv # 410149 Clerk of Circuit Court CCFINA in ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: 10/07/2010 71. INVOICE DATE (IF NEW PURCHASE): Q — J� %—max -) 11 (L' 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: Clerk of Court -Finance- Virginia Avenue 4. LOCATION CODE: CC FINA 5. PROPERTY RECORD # 4 AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2009 7. DESCRIPTION OF PROPERTY: 2009 Chevrolet Cobalt- Red Two Door 8. MAKE: Chevrolet 9. MODEL NUMBER: Cobalt 10. SERIAL NUMBER: VIN# 1G1AS18H997248193 0 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): (DEPARTMENT HEAD �3 ORIZED P SON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. Eile Edit Options Block Item Record Query lools Help ORACLE 48 OF sY_c1:�s>cr P4steC Quar FEiP+TAST 8:� (F£3k r� et Asset Tag: 410149 Origination Tag: Permanent Tag: F410148 Primary Tag:-�� Subordinate Type: - Asset Description: 2009 Chevy Cobalt LS Car/ T86610 Commodity: Unit of Measure: EA EACH Asset Type: 68 Cars User Status Code: F—Invoiced Insurance Value: I 14,617.45' Market Value: l i 14,617.415 Replacement Value: 14,617.45 Book Value: _ 14,617.45 Record:lll I I I I ( -OSC> Origination Tag Date: 14-oCT-2009 Permanent Tag Date: 11a OCT-2009 Last Adjustment Date: 30-SEP-2009 Origination Tag Cancel Date: System Status Code: rNlNew Tag/Non Procurement f4 Capitalization Indicator Asset Text Exists 'Tag In Use Gift Indicator Cost: 14,617.45 Total Cost:14,617.45' Net Book Value: �14,617.45' Total Net Book Value: 14,617.45 Friday, Oct 08, 2010 10:03 AM c UNTY F LORI DA--*40 AGENDA REQUEST ITEM NO. VI-G2 DATE: 10/26/10 N=1411 W\ PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY. Office of Management & Budget/Purchasing Director SUBJECT: Approval of Budget Amendment No. BA10-039 and Resolution 10-285 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various funds (see attached) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Amendment No. BA10-039 and Resolution 10-285 to cover fiscal year 2010 insufficient accounts and to recognize unanticipated revenue. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( X ) Originating Dept. ( ) 0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures Budget Manager Dan McIntyre (Name) ERD (X ) t Jennifer Hill (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director (�(� DATE: October 26, 2010 SUBJECT: Approval of Budget Amendment No. BA10-039 and Resolution 10-285 ITEM NO. VI-G2 Background: BA10-039 includes $49,370 in transfers to cover fiscal year 2010 insufficient accounts. Resolution 10-285 establishes the fiscal year 2010 budget for interest earnings in the Lakewood Park Fund and proceeds from loans in the North Lennard Road 1 Fund totaling $984. Previous Action: September 22, 2009 - The Board held a Public Hearing and adopted the FY10 budget. Recommendation: Board approval of Budget Amendment No. BA10-039 and Resolution 10-285 to cover fiscal year 2010 insufficient accounts and to recognize unanticipated revenue. f RESOLUTION NO. 10-285 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 have become available through proceeds from loans and interest earnings. 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 26th day of October, 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 330 4115 361100 3808 Interest 94 296 9950 384200 4502 Proceeds from loans 890 Total 984 APPROPRIATIONS 330 8110 591101 800 Transfer to Transportation Trust Fund 94 296 9950 573100 4502 Additional Expenses -Bonds 890 Total _ 984 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 26T" DAY OF OCTOBER, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY r BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB PREPARED DATE: 10/14/2010 AGENDA DATE: 10/26/2010 ACCOUNT NUM', TO: A 107-603-54300-6000 B 107-2115-543401-200 C 001-6210-549300-600 D 001-1420-524000-100 D 001-1420-512000-100 E 001-6420-547005-6901 E 001-6420-552000-6901 F 001-2510-512000-200 G 001-2510-541000-200 FROM: 107-9910-599100-800 001-9910-599100-800 REASON FOR BUDGET AMEND CE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ACCOUNT NAME AMOUNT Utilities-PD $10,641 Landfill Charges $4,379 Licenses & Fees (Health Dept) $44 Worker's Comp. -Inmate Atty $1,204 Salaries -Inmate Atty $153 Print & Binding -TRIP $112 Operating Supplies -TRIP $73 _ Salaries $12,764 Communications $20,000 Contingency $15,020 Continqency $34, 350 To cover insufficient accounts. See below. 10-039 A To cover utilities bills for the Public Defender's office B To cover landfill charges C To cover the cost of a vehicle tag for the Health Department D To cover salary & benefits related to the Inmate Attorney E To cover TRIP expenses F To cover the cost of the Emergency Management Coordinator postion. G To cover the cost of utilities at the new EOC. COUNTY`` F L loop O R I D A AGENDA REQUEST ITEM NO. VI-H DATE: 10/26/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Glenn Henderson , SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: U.S. Department of Energy, Energy Efficiency and Conservation Block Grant — Budget Resolution. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001533-1350-534000-100 EECBG/Other Contractual Services PREVIOUS ACTION: December 8, 2009 — Board approval to submit grant application. September 14, 2010 — Board acceptance of grant contract with the Department of Energy. RECOMMENDATION: Board approval of Budget Resolution No. 10-261 to appropriate and expend funds in the amount of $2,941,500 from the U.S. Department of Energy, Energy Efficiency and Conservation Block Grant, Retrofit Ramp -Up and General Innovation Fund Programs for the creation and operation of an energy efficiency and retrofit program. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER G� Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) Daniel McIntyre Klarie Gouin Budget Analyst (X) Ta on a Johnson Originating Dept. (X) j✓ Wiliam Hoeffner Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner Grants/Disaster Recovery Director FROM: Glenn Henderson Grants/Resource Developer DATE: Oct. 26, 2010 SUBJECT: U.S. Department of Energy, Energy Efficiency and Conservation Block Grant — Budget Resolution ITEM NO. VI-H Background: The U.S Department of Energy's (DOE) Energy Efficiency and Conservation Block Grant (EECBG) will allow St. Lucie County to create an energy -efficiency program unique in its goals, multiple partnerships, and funding mechanism. The program will provide resources for hundreds of homes and small businesses to become more energy efficient and to invest in renewable energies. It will create a funding method that will leverage private and public investment in a way that will sustain the program indefinitely while stimulating jobs in a local economy that is currently experiencing unemployment rates that are among the highest in Florida. The program will offer solutions for property owners in overcoming educational and financial barriers to achieving energy efficiencies. Primary energy efficiency improvements to be funded through the program include weatherization, replacement of inefficient air-conditioning systems, and installation of solar water heating and solar photovoltaic systems. The non-profit Solar and Energy Loan Fund (SELF), with a Board of Directors composed of local business and community leaders, has been established to administer the program. The majority of the DOE grant funds will be used to establish a revolving loan fund to finance the loan program. The remainder will pay for the administration of SELF, the designated sub -recipient. No match was required for the grant, but in -kind contributions from several local partners and anticipated investments from lending institutions have been offered as leverage to support the County's application. Recommendation: Board approval of Budget Resolution No. 10-261 to appropriate and expend funds in the amount of $2,941,500 from the U.S. Department of Energy, Energy Efficiency and Conservation Block Grant, Retrofit Ramp -Up and General Innovation Fund Programs for the creation and operation of an energy efficiency and retrofit program. RESOLUTION NO. 10-261 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 U.S. Department of Energy for EECBG — Kicking Kilowatts on the Treasure Coast Program in the amount of $2,941,500. 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 26th day of October, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 001533-1350-331150-100 US Dept of Energy $2,941,500 APPROPRIATIONS 001533-1350-534000-100 Other Contractual Services $2,941,500 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 26th DAY OF OCTOBER 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI -I TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Central Services DATE: 10/26/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (x) PRESENTED BY:� Don McLam Assistant Director Award of Bid No 10-062 — Hurricane Shutter Installation at Avenue C Health Department See attached memorandum. FUNDS AVAILABLE: 001-1930-562000-FE017C (General Fund -Hurricane Frances -Avenue C Health Department) PREVIOUS ACTION: July 20, 2010 — BOCC approval to advertise an Invitation to Bid for Hurricane Shutter Installation at Avenue C Health Department. RECOMMENDATION: Board approval to award Bid No: 10-062 to A. Thomas Construction and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( x) OMB Director ( x ) Budget Manager Dan McIntyre Contract Coordinator Marie G in Jennifer pea,�cc Originating Dept. ( x) (✓o-- Human Resources ( x ) Roger A. Shinn illiam Hoeffner) HAAGENDA - 366 COUNTY FLO R 1 D A Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Directol(�� FROM: Don McLam, Assistant Director�� Central Services DATE: October 26, 2010 SUBJECT: Award of Bid No 10-062 — Hurricane Shutter Installation at Avenue C Health Department ITEM NO. VI -I Background: Through the Federal Emergency Management Agency (FEMA), a project worksheet (P" was prepared for this facility to have the accordion shutters that were damaged from Hurricane Frances replaced. Invitation to Bid went out September 19, 2010 for Bid No. 10-062-Hurricane Shutter Installation at Avenue C Health Department. Bids were due October 13, 2010. Per Demandstar.com, 460 companies were notified, 26 bid documents distributed and four bids received (Attachment 1). A. Thomas Construction of Ft. Pierce (St. Lucie County) was the lowest bidder at $51,495. This facility qualified as a large project under FEMA guidelines and funding will be made available through that process. Additional funding will be made available through insurance proceeds. Recommendation: Board approval to award Bid No. 10-062 to A. Thomas Construction and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT 1 BOARD OF COUNTY COMMISSIONERS TABULATION SHEET — BID #10-062 PURCHASING DEPARTMENT HURRICANE SHUTTERS INSTALLATION AT THE AVE. C HEALTH DEPARTMENT (MAIN BUILDING) OPENED: OCTOBER 13, 2010 AT 2:00 PM FOUR (4) submittals were received for subject proposal: Total Bid Price A THOMAS CONSTRUTION 1380 Bayshore Dr., Ft. Pierce, FL 34949 $51,495.00 Tel: 772-595-5261 Fax: 772-595-5261 ROLLINGSHIELD INC. 2500 N.W. 74 Avenue, Miami, FL 33122 $ 59,000.00 Tel: 305-436-6661 Fax: 305-593-8038 GENTILE LLC 3767 Oleander Ave., Ft. Pierce, FL 34982 $ 61,310.00 Tel: 954-553-0375 Fax: 561-688-1398 ATLANTIC XTERIORS INC. 07 SE Cork Rd., Port St. Lucie, FI 34984 $ 88,750.00 Tel: 772-370-2499 Fax: 772-336-6119 * NOW RESPONSIVE Number of companies notified*: 460 Number of bid documents distributed*: 26 Number of bids received: 4 *per demandstar.com CHRIS DZADOVSKY, District No.1 ♦ DOUG COWARD, District No. 2 ♦ PAULA A LEWIS, District No. 3 ♦ CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator — FAYE W. OUTLAW, MPA 2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 Website: www.co.st-lucie.fl.us ITEM NO. VII-A DATE: 10/26/10 • • - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASWD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY• Tiffany Bennett SUBMITTED BY: Public Safety & Communications Public Safety Manager SUBJECT: Certificate of Public Convenience and Necessity (CON) — Application for Class F for Golden Years Senior Care, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On September 28, 2010, the Board of County Commissioners authorized permission to advertise for a October 26, 2010 Public Hearing on the application of Golden Years Senior Care, Inc. RECOMMENDATION: Board approval of the Emergency Medical Services Advisory Committee recommendation to approve Golden Years Senior Care, Inc. application for a Class F CON and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ¢�1 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) Dan McIntyre Originating Dept. ( ) ack T. Southard OMB Director ( ) Budget Analyst ERD ( ) Public Safety & Communications MEMORANDUM TO: Board of County Commissioners THROUGH: Jack T. Southard, Public Safety & Communications Dire FROM: Tiffany Bennett, Public Safety Manag r d DATE: October 26, 2010 SUBJECT: Certificate of Public Convenience and Necessity (CON) — Application for Class F for Golden Years Senior Care, Inc. ITEM NO. VII-A Background: Golden Years Senior Care, Inc has submitted an application for a Class F CON, for businesses, agencies, hospitals and governmental entities which use wheelchair vehicles to provide wheelchair vehicles service. The Public Safety Director has reviewed the application and found it to meet the requirements of Chapter 1-12.5 of the Code of Ordinances. On August 18, 2010, the Emergency Medical Services Advisory Board voted to recommend approval of the application. Recommendation: Board approval of the Emergency Medical Services Advisory Committee recommendation to approve Golden Years Senior Care, Inc. application for a Class F CON and authorization for the Chairman to sign documents as approved by the County Attorney. UUNvtNitNCE AND NECESSITY APPLICATION 1. Applicant's name: CO —D t3 Address: 1 Z-2� 'S' W j Pore- r\ L-u Phone: 772 — s()1— O 64& Ave* -)LA 2. Applicant's Business is a ( ) Sole Proprietorship ( ) Partnership Corporation If Applicant is a partnership list the name and address of each partner: Name: Address: If Applicant is a corporcition list the Name and Address of the following: Name: C4DL-D&q �f FacVPS Sj-�(DpCA ►� Address: President: V. President: E'!, ,L— �-C� Secretary: LA,bCi 14) _ Treasurer: Date of Incorporation: 3 t a6 Place of incorporation: S1—�2-1 DA NO (If Applicant is doing business under a fictitious name, please attach evidence o compliance with Section 865.09, Florida Statutes.) f 3. Applicants iviedicai Director: Address: . 5. Please attach a vehicle roster which describes all vehicles Applicant proposes to , use in St. Lucie County as well as the relevant license and registration numbers. SE E A , A c.R 1 k c 6. Please list how you handle radio communication from your base of operation in St. Lucie County to your vehicles and/or personnel out in the field of operation. S�� A- 1 Act fEb hPPF:fvb►Y-. D 7. Please attach a current financial statement which includes a statement regarding whether or not Applicant receives Federal or other Public funds. If Applicant is a governmental unit, please provide statement of funds budgeted for this service. 8. Name of Applicant's insurance carrier and amount of liability coverage (per person and per occurrence). (Please attach Certificate of Insurance from such carrier.) _ 9. Area '(s) proposed to be served by Applicant: sS-1- t--" C1 t✓ c o ctA Ty ► N� �i cc�cj/&Ty (Also please provide a detailed map of service area.) 10. Address of base of operation from which the proposed area (s) are intended 'to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation.) 14 4D S p ca i i+ 44w ft Ll DK E `t—,S L _ -4:i _ 7:� i, G zz--> 11. Proposed rate schedule: Please provide schedule of all rates for service currently applicable: ( In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies). 12. Please provide detailed information on how you will affect exisiinn +km 14. , Please provide a narrative history of Applicant's company. At a minimum please include: (a) three personal reference, (b) completed training and certificates, (c) experience and personal. integrity, (d) areas previously and/or currently served, (e) hospitals or other entities previously or currently served, (f) names and length of employment of key employees. Si fl I Ac" 15. On a separate sheet, please provide a justification for your application. Any relevant support documentation should be attached such as area survey you may have conducted, growth studies, population studies, needs assessment. S:E� A i 1R it�t 16. Written documentation of a background check performed by the Florida Department of Law Enforcement (FDLE) on each of the applicant's personnel. S:E� -Ac-AcAES�> ft b i x L_ 17. Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Convenience and Necessity. ►\J /A 18. Classification applying for: LL_f �&S t= Sg Applicantat STATE OF FLORIDA 1 ' COUNTY OF The foregoing instrument was acknowledge before me this day of 2 [jj�j , by as for FgA7J No Public_ Ci.1a.,s o ,. y 0 �!1 Brpartmrnt of -6§tatr I certify from the records of this office that GRANNY NANNIES is a Fictitious Name registered with the Department of State on February 14, 2006. The Registration Number of this Fictitious Name is G06051900054. I further certify that said Fictitious Name Registration is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of March, 2006 . �6� c�_ ruts �g�i Pfc7� s'If �fu`i�E 4. Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates, as required by the State of Florida. ANSWER: Stanley Woghiren Administrator Brenda Woghiren Alternate Administrator Driver Driver's License No: W265-061-62-674-0 License Expiry Date: 05/14/2012 — Vincent Cutenese Senior Driver Driver's License No: C352-870-56-130-0 License Expiry Date: 04/10/2014 CO/AGY 6 12 T# 602732399 FLORIDA VEHICLE REGISTRATION B# 285216 PLATE 857TVW DECAL 14042457 YR/MK 2005/DODG BODY VN VIN 2D4GP44L45R200451 Plate Type RGS NET WT 4093 DLIFED 204299341-01 Date Issued 11/16MM Plate Issued 11/16/2009 GOLDEN YEARS SENIOR CARE INC 7440 S US HWY 1 PORT ST LUCIE, FL 34952-1417 RGS - SUNSHINE STATE PLATE ISSUED X Expires Midnight Wed W3012010 COLOR RED Reg. Tax 96.15 Class Code 1 TITLE 103374643 Init. Reg 225.00 Tax Months 7 County Fee 3.00 Back Tax Mos Mail Fee Credit Class Sales Tax Credit Months Voluntary Fees Grand Total 324.15 IMPORTANT INFORMATION 1. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. Please list how you handle radio communication from your base of operation in St. Lucie County to your vehicles and/or personnel out in the field of operation. ANSWER: Radio communication will be conducted through us of NEXTEL cell phone which are dedicated for non - emergency transportation service. The Administrator, Alternate Administrator and Senior Driver all have NEXTEL cell phone. 10:29 AM GRANNY NANNIES ,2105110 Profit & Loss -ash Basis January through December 2008 Jan - Dec 08 Ordinary Income/Expense Income Fees 482,070.99 INCOME 28,767.19 Reimbursed Mileage 75.89 Screening Fees 308.00 Total Income 511,222.07 Expense Advertising 12,371.83 Automobile Expense 8,339.27 Bank Service Charges 401.00 Depreciation Expense 925.00 Dues and Subscriptions 652.77 Franchise Commission 11,029.82 Insurance 7,867.56 Interest Expense B34.56 Licenses and Permits 272.70 Meals and Entertainment 221.67 Medical 748.98 Miscellaneous 249.11 Office Supplies 1,001.15 PAYROLL 141,387.53 Postage and Delivery 82.91 Printing and Reproduction 1,397.32 Professional Fees 9,958.66 Rent 9,877.81 Repairs 233.77 SUBCONTRACTORS 225,353.33 Supplies 1,988.40 T & E 3,773.75 Utilities 6,483.36 VOID 0.00 write Oft 8,762.62 Total Expense 454,214.88 Net Ordinary Income 57,007.19 Other Income/Expense Other Income Other income 3,428.00 Total Other Income 3,428.00 Other Expense Other Expenses 0.00 Total Other Expense 0.00 Net Other Income 3,428.00 Net Income 60,435.19 Page 1 Rn� CERTIFICATE OF LIABILITY INSURANCE OP ID NE DATE(MM/DDlYYYY) GRANN-2 02 Q4/10 PRODUCER FICATE IS ISSUED A F INFORMATIZ5 ONLY AND CONFERS.NO RIGHTS UPON THE CERTIFICATE American Business Ins Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 32107 Lindero Canyon Rd #120 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV Westlake Village CA 91361- Phone : 800-980-1950 Fax: 800-980-1960 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Ullico Casualty Company INSURER 8: Golden Years Senior Care Inc, dba Granny Nannies INSURER C: 7440 South US Highway 1 INSURERD: Port St Lucie FL 34952 1 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR S TYPE OF INSURANCE POLICY NUMBER DATE MM1D C DATE M PMfDD LIMITS GENERAL LIABILITY EACH OCCURRENCE 3 PREMISES (Ee occutence) 3 COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7OCCUR MED EXP (Any arm person) . $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEMLAGGREGATELIMIT APPLESPER, PRODUCTS-COMP/OPAGG $ POLICY JECTT LOC AUTOMOBILE L L48I TY ANY AUTO COMBINED SINGLE LIMB (Ea accident) = A X ALL OWNED AUTOS SCHEDULED AUTOS 09UCC1276 10/31/09 10/31/10 BODILY INJURY (per Person) 3125,000 HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) 3 300, 000 PROPERTY DAMAGE (Per accident) $100 OOO r • GARAGE LIAmm AUTO ONLY - EA ACCIDENT 3 OTHER THAN EA ACC $ ANY AUTO $ -H AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE 3 OCCUR CLAIMS MADE AGGREGATE $ . 3 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRETORIPARTNER/EXECUTIVE(� OFFICER/MEMBER EXCLUDED7 L� WC STA7077— - TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS blow OTHER Physical Damage Comp&Coll DED $1,000 A Actual Cash Value 09UCC1276 10/31/09 10/31/10 Speoperil DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Driver Added effective 02/04/10: Vincent Cutenese SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION EVIDENC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Evidence of Insurance NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR XYYYYYYYYYYYYYY4YYYYYYYZYYYYYY YxFYYYXYYYY YYYYYY Y7LY REPRESENTATIVES. iC:K7G7C7CxxxxX xXYYXYYYYYYYYXYYYY]SxxY xxxxxxxxxx AUTHORI�O REPRESENTATIVE ACUKLJ ZO (LUUyIUT) 'V 1U55-ZUU9 AGUKD GUKI-QKATIUN. All rights reserved. The ACORD name and logo are registered marks of ACORD Printable Counties map Page 1 of 1 Florida State Map With Cities Quick Weiaht Loss Centers Search multiple engines for florida Lose 3-7 Ibs per week. South state map with cities Florida's weight loss secret! www.webcrawler.com quidcweightloss.nettarea Florida Counties Map Find great deals and save! Compare products, prices & stores www.Shopping.com Ads by C-oo3te 1 2 3 5 7 4 $ 11 $ 1 9 12 14 1. Escatnbla 10 2. Santa Rosa 15 3. Okaloosa 4. Walton S. Holmes 6. Waahington 7. Jackson S. Calhoun 9. Bay 10. GUN IL Gadsen 12. Liberty 13. Leon 14. VV*Wa 15. Franklin 16. Jefferson 17. Madison 18. Taylor 19. Mwn ton 20. Suwannee 21. Lafsyette 22. Obde 23. Col u WA 24. GNc W*t 29. Baker 26. Union V. &=Nord 26. Alachua 29. Levy 3o. Nassau 30 17 19 20 23 25 1$ 21 32 24 2g 1. 3 Lv� 31. Duval 56. Indian Rkw 32. Clay 57. SL Lade 33. SL Johns 5S, Martin 34. Putnam 59. Glades 35. Fingler 60. Charlotte 38. Marion 61. L" 37, Volusia 62. Hendry 38. Chrus 63. Palm Beady $9. Hernando 64. Broward 40. Sumter 65. coller 41. Laim W. Monroe 42. Seminole 67. Miand-Dade 43.Orange 44. Brovatd 45. Osceola 46. Polk 47. Pasco 48. Pinellas 49. roto So. Manatee ®19 51. Saratsoffi Snot: Hol 52. Hardes VAM-Ba 53. Desoto WWW ffo 54. Hi�llancis 55.Okeechobee 35 35 37 36 41 42 40 39 43 Q Y 47 '� 44 49 � so IF`'4 5o 52 55 571 • 51 53 5$ W 59 •Q 61 62 � 55 96-2009 m Dasips olilIOHW.eom r adMAP VO 66 97 i/ ( Main Page ( Highlands County Search Engine ( Counties List ( Print Counties mao ( Feedback ( Advertise With Us ( More Maps Design © 2001-2009 Snob Hollow Designs www.snobhollow.com 11. Proposed rate schedule: Please provide schedule of all rates for service currently applicable: (In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies. ANSWER: Reserve company vehicle (wheelchair non -emergency transport) 1 hour $30.00 plus $.50 per mile 1 hour after 6pm $40.00 plus $.50 per mile With respect to whether Granny NANNIES is willing to provide indigent transport services and community services during emergencies, we were advised by Ed Griffin of MV Transportation that he already had more than enough participants that would fulfill this requirement and he confirmed that he did not need our service. I spoke with Mr. lack Southard on December 17, 2009 at 11:25am and informed him of Mr. Griffin's advice. Mr. Southard advised and confirmed that Granny NANNIES should turn in our application since Ed has confirmed that he did not need Granny NANNIES services. Answer to Question 12 12. Please provide detailed information on how you will affect existing services in the following areas (a) cost (b) quality of care (c) availability (24 hour operation). ANSWER: Granny NANNIES business objective is aimed at providing services that complement the changing demand and needs of its current and potential customers. Since 2006 Granny NANNIES staff have been monitoring and analyzing the various requests for services from our past, current and potential customers. The conclusion from the analysis of our survey revealed that inquirers are looking for assistance that combines both home health care and non -emergency transportation services. These customers are predominantly the elderly,. couples or individuals with special needs that specifically prefer a licensed nurse registry that engages certified nursing aides (CNA) or home health aides(HHA), registered nurses (RN) level of care to provide them with their required service. Our survey also revealed that access to transportation is the major factor that allows our elderly and special needs customers to live independently at home. It is the connection to vital activities that are very important to them and the additional provision of escorts that are trained and certified to pick them up from home, guide them through appointments and return them safely to their homes. Cost The rate that Granny NANNIES would charge for the provision of non -emergency transportation services has been determined from the analysis of the survey that has been conducted with our customers. This rate is set within the rates that are generally charged by other competitive licensed Nurse Registry agencies in the area. Granny NANNIES non -emergency transportation service will complement the rates that are charged by existing services because our business objectives will be focusing on customers that prefer to patronize the services that are provided by licensed Nurse Registries. Quality of Care As an established licensed Nurse Registry Granny NANNIES since 2006 has been involved in the provision of quality care to its clients. These services range from basic care to total care support. Our caregivers have and continue to (where required) use their own vehicle or the clients vehicle to transport clients to their respective appointments or engagements. These include discharges and transfers from facilities to home or place of residence. With respect to quality of care, as a licensed Nurse Registry Granny NANNIES is already subjected to the requirements of quality assurance inspection that is conducted by the State of Florida. We have proven knowledge, experience and track record for providing quality services to our clients and those with special needs. We work with policies and procedures that are driven by our customers. We have knowledge and working experience in managing "compliances" that includes complaints/abuse reporting, emergency management, HIPAA (privacy rule), Physicians Statement of Good Health and verification of licenses. The staff and independent contractors that provide our services are comprehensively orientated before they are engaged. They have to comply with other recruitment standards before they are also allowed to provided quality services to our clients. The standards that have been complied with include the following: criminal background screening, drug abuse testing, CPR/First Aid, in-service training HIV/AIDS, Domestic Violence, Risk Management training and references. As an agency we periodically conduct customer satisfaction survey with our clients inorder to ensure that we are addressing the needs of our customers and the local community. As a licensed agency we have developed the necessary administrative infrastructure that is required for providing quality of care services to our clients. Availability Granny NANNIES non -emergency transportation services will be. provided on a 24 hour operation services mode. Granny NANNIES will refer potential customers to other local non -emergency transportation providers where such requests are outside of our business objectives. Answer to Question 14 14. Please provide a narrative history of Applicant's company. At a minimum please include: (a) three personal references, (b) completed training and certificates, (c) experience and personal integrity, (d) areas previously and/or currently served, (e) hospitals or other entities previously or currently served, (f) names and length of employment of key employees. ANSWER: Granny NANNIES Nurse Registry was founded in Central Florida in 1990 and has since grown into a successful licensed nursing agency with numerous company owned and owner/operated franchise locations serving thousands of the community elderly and individuals with special needs. Granny NANNIES location in the Treasure Coast was established in 2005 and licensed in 2006 to cover the counties of Saint Lucie, Martin and Indian River. Our office is located in Port Saint Lucie. The agency is owned and managed by an Administrator and Alternate Administrator and supported by other clerical and administrative staff. We have independent contractors, known ,as caregivers that include certified nursing assistants, Home Health Aides and Companions that provide services to our clients. We also have a Registered Nurse that is engaged to provide assessments when required by our clients. The Agency is providing a valuable service of employment and in service training to the local community as well as fulfilling the desired needs of its existing and potential customers. The Agency specializes in certified nursing assistant (CNA) AND Home Health Aide (HHA) level of care for the elderly, couples or individuals with special needs. Our care services are available for 24 hours a day and seven days a week. Our services range from basic care through total care and these include, transferring, toileting, bathing, medication reminders, light housekeeping, doctor appointments, companion, range of motion exercise, general supervision, errands and shopping. In addition to these services our trained caregivers have and continue to (when requested by clients)use their own vehicle or the clients vehicle to transport client to their appointments or engagements. These appointments range from hospital or doctor visit, social clubs, churches/religious venues. (a) Three personal references included are references from Mrs. Deanna Mitchell, Mr. Stuart Putnam and Mrs. Marlene Biattman. (b) Completed Training and Certificates: Included are Brenda Woghiren-CPR certificate, Eighty Hours Administrative Training; Vincent Cutenese-CPR certificate; Stanley Woghiren-Eighty Hours Administrative Training. (c) Experience and personal integrity: Included are copies of resume for Vincent Cutenese and Brenda Woghiren. (d) Areas previously and/or currently served: Saint Lucie, Martin and Indian River Counties. (e) Hospital or other entities previously or currently services: St. Lucie Medical Center, Martin Memorial Hospital, Indian River Memorial Hospital. (f) Names and length of employment of key employees; a. Stanley Woghiren, Administrator —since 2005 b. Brenda Woghiren, Alternate Administrator —since 2005 c. Vincent Cutenese, Admin/Driver—since 2010 Deanna M. Mitchell 2735 SW Glenmoor Way Palm City, FL 34990 772-283-5095 December 21, 2009 To: The Board of County Commissioners Re: Granny NANNIES Granny NANNIES is a licensed nursing agency that has, provided live-in care for my mother since July, 2009. I was impressed with them on our initial contact, at which time an appointment was made to meet at Mom's residence to discuss her needs and to review the care programs they offered and recommended for her. I continue to be impressed since engaging their services and seeing first-hand how qualified and caring their caregivers are ... every single day, 24/7. Mom is carefully and tenderly attended to, and she (and I) have peace of mind knowing that they are there solely to meet her needs and provide professional and loving attention to her: Mom has thrived on their good cooling, has gained weight, has discontinued the need for medications, and relaxes m the cleanliness and comfort of her own home. I did my due diligence and I can say that I made the right choice. Granny NANNIES is truly committed to providing the highest quality of compassionate care to its clients, and I am especially impressed at how good they are at matching the right caregiver to the client. Surely being in the profession of providing affordable home care services must have its share of challenges, but Granny NANNIES is definitely doing all the right things for all the right reasons and is therefore, in my opinion, one of the very best in the industry. Our communities are fortunate to have Granny NANNIES, and I highly refer them to my friends and to you without hesitation. Sincerely i 1 , / " '4 - Deanna M. Mitchell December 21, 2009 To Whom It May Concern: It is my extreme pleasure to recommend Granny Nannies. A little over three years ago I was in desperate need of care provider services for my aging and ` ailing parents. I went through three other providers before I was introduced to Stanley and Brenda. I was impressed with their sense of urgency to help me. In them, I found real partners in developing a care plan for my parents. Their caregivers are fully trained and screened. _ They have looked after my parents with the utmost of respect and sensitivity. More than that, they have done so with complete regard for their dignity. There are -not enough words to describe what they have brought to my family. . I remain satisfied and impressed with the delivery of the care services that Granny Nannies have provided for my parents, which in my opinion, is comparatively of high quality. Over and above what their care providers have done for my parents ... Stanley, Brenda and office staff are professional and accountable. When I've had questions they have been addressed immediately. They are courteous, friendly and sensitive to the needs of their customers. Thus far I am confident with their integrity and I will not . hesitate to employ their services for as long as there is a need. I have recommended their services to friends searching for a care provider and will continue to be their biggest fan. If you have any comments, questions or if I can provide any additional information please feel free to contact me directly. Regards, Stuart G. Putnam Stuart G Putnain 234 Soriano Drive Jupiter Florida 33158 Phone: 561-707-3418 e:mail - stuartputnani@aol.com RECEIVED 12/21/2009 04:04 -Dec 21.09 02:56p Howard 7725639883 p.1 Marlene S. Blattman 6215 Coverty Place Vero Beach, FL 32966 561-929-3271 (c) 772-794-9830 (o) fax:772-563-9883 December 21, 2009 To Whom it May Concern, This letter is .to endorse Granny Nannies as a business that offers service, integrity and compassion As the daughter of one of the patients that Granny Nannies serviced from December 1, 2006-June 7, 2009, I can tell you first-hand, that not only does Granny Nannies provide wonderful service as an organization, but the administrators of Granny Nannies of the Treasure Coast, are to be commended for their hands on approach to the way in which they run their agency. In the almost three years in which I utilized Granny Nannies, some problems did arise - things happen. It was the way in which Stanley tiVoghiren and Brenda handled the issues that made the difference. They were always sensitive to my needs and to the needs of my infirmed mother. They handled difficult situations delicately but directly.. They seemed to have the right balance of knowledge and compassion and came up with logical and workable solutions. I would highly recommend Granny Nannies to anyone in need of senior services. Most importantly, the people that run Granny Nannies of the Treasum Coast, are to be commended and applauded for the outstanding and reliable service they provide for the elderly. Please feel fee to call upon me if I can be of further assistance. Sincerely, Marlene S. Blaftman Daughter of the late Rose Friedman 7-7.2.3 42:7017 r.,cucanu Y"l Lis t.9 k-:A I,--,iawpl Date 7P. 12-DS American Hear Association IRV Lemn and Live Heartsave.r' AED Vincent J. Cutenese This Ord mr_t':es hat t"a a=e ir-t-Admi �m suxesfuBY co-p o-+.ed the oCjec�ves ent Sidas amimtots in 3csr3nce 4r.:12 =-Mm4um of the AtA tr 4eM-Mer AED .ftLMr . MiWas Ccmp red � A; t✓ 1212009 12/2011 sve Cate — --- •- — — — -- - Deco -^fence Remnmf ':ate ,s— Training The CPR Company TC Address ?l2.j�2.7071 Contact trfo Course The CPR Company Location Ray Romanowicz instructor ' 2tce r-ezr-. HeWA=====•��er':y/•`.,rt'�.�- a.v:z�s:...yw.a:ca. 3, �.... Fill in the circles of the modules NOT completed This card contains unique security features to protect against forgery. 80-1203 R? M Certificate of Completion This is to certify that Brenda Woghiren Attended and Successfully Completed Eighty Hour Administration Training Trainer Signature dministrator Sig da This 'PN y 0 -77 February 10, 2006 . Granny NANNIES 1912 Boothe Circle #300 Longwood, FL 32750 1 i Certificate of Completion Y. ti This is to certify that t)'t Stanley Woghiren Attended and Successfully Completed Eighty Hour Administration Training February 10, 2006 i ill 1 �f a Granny NANMES 1912 Boothe Circle #300 f `1 Longwood, FL 32750 Wwl -Z " Trainer Signature 1 Admimsirator Sig? This ) 0 � day Of 200 (.v Vincent J. Cutenese 1914 SW Import Drive, Port St. Lucie, FI.34953 (479) 903-4103 / (772) 626-6020 OBJECTIVE: To obtain a full-time position as a C.D.L. Class A Driver for an organization that would utilize my 28 years of professional experience and proven skills as professional driver. QUALIFICATIONS: Professional C.D.L. Class A Tractor Trailer Driver Passenger Endorsement Dispatch and Transportation Services 28-Years Clean Driving Record Two and Four Year Safety Awards Third Place Winner for the Flowers Baking Co. Annual Road Rodeo, 1987 & 1988 ATTRIBUTES: Focus on developing trust through quality customer service. Adapt easily and quickly to new skills and concepts. Courteous, dedicated and dependable Strong team player, work well with co-workers and management CAREER HISTORY: 06/09-07/09 CEMEX, Indiantown, Fl. Concrete Mixer Driver Poured Concrete at FPL Solar Power Farm 05/07-06/09 ACADIANA DESTINATION SERVICES, Fort Pierce, Fl. Passenger Bus Driver, vans & can to and from Airports, Ports, and Private. 07/05-09/07 CEMEX, Fort Pierce, Fl. Concrete Mixer Driver Delivered ready mix concrete products on -time throughout Treasure Coast Area 08/02-07/05 GULFSTREAM GOODWILL INDUSTRIES, INC. West Palm Beach, Fl. Production/Vocational Supervisor/ Truck Driver (Straight Truck and Van) Supervised 9 person crew processing products at Walgreen's Distribution Center in Jupiter, 1 year Picked up and delivered household items such as furniture , clothing, etc., 2 years 1998-2002 MARTIN COUNTY PETROLEUM, Patin City, Fl. Tractor Trailer/ Fuel Tanker Driver Calculated gallons of fuel to be loaded Loaded and delivered on andoff road diesel fuel, three grades of gasoline and oil products to Customers throughout the Tri-County region. 1997-1998 MARRIOTT DISTRIBUTION SERVICES, Port St. Lucie, Fl. Tractor Trailer Driver (Refrigerated Van) Responsible for the nightly on -time deliveries of frozen, refrigerated and dry good food products to Restaurants and hospitals throughout the central and southern regions of Florida 1986-1997 RYDER DEDICATED LOGISTICS, INC. Dispatch Supervisor/ Tractor Trailer Driver/ Lead Man, Plant City, Florida 1993-1997 Delivered frozen and refrigerated specialty food products to larger grocery chains. As Lead -Man performed office duties including dispatch, scheduled drivers, yard dog duties and Lined -up the backhauls coming into Florida from interstate division Ryder Dedicated Resources at Flowers Baking Co. Transportation Office Manager, Fort Pierce, Fl. 1991-1993 Scheduled drivers payroll and billing of a dispatch office that consisted of 12 drivers Drove only when there was a service problem or if there was an added or unscheduled run. Flowers Baking Co. Tractor Trailer Driver, Fort Pierce, Ft. 1986-1991 Delivered baked goods to numerous sales and distribution warehouses throughout the central region of Florida Stanley E. Woghiren KANAGEMENT PROFILE A. POLICY. ADINUMSTRATION, STRATEGIC & ORGANIZATIONAL RESPONSI MUMS • Management executive with as impressive 18 years of proven experience in delivering competitive quality services for elderly care and special needs business. • Experience in workina with Local Government Authority and the Voluntary Private Sector. • Im_aressive experience in social research, policy development and implementation for the elderly and special needs clients. Evaluation of policies against targets, consolidation of admiri_stat ve i?.mcdons (including client confidentiality and personal records, writing annual reports and briefing committee). . • Proven' track records for developing strategy these include organization, marketing, new business opportunities/negotiation and problem solving. • Impressive record for budget preparation and achievement of business target. • impressive record of surpassing elderly/special needs customer expectation and satisfaction through quality assurance f-amework. • Experience m working with Government appointed Registered Inspectors of Assisted Living Homes for the elderly and clients with special needs. • E.�rience in working and liaising with' Health Authority, Primary Health Care Team, General Health Practitioners, Registered Tvurses, Psychiatric Nurses, Occupational Health Team, Social Workells, Local Governtent, Care 'Managers and Regulation Inspectors for policy development, care plans and review. • Initiating the development of Assisted Living homes for the elderly, very frail elderly and special needs clients. • Impressive record for staff recruitment (i.e. care workers, registered nurses, domestic help), training, supervision and orientation. • Experience in managing diverse needs and expectations. • Strong multi -tasking abilities for dealing with different range of situations including combatant clients and the impact of change management. • impressive leadership qualities that is firmed on team building, training and interpersonal skills. • Thrives on solutions and continuous improvement through evaluation of performance. B. OPERATIONAL RESPONSIBILITIES • Supervising the assessment of elderly care and special needs clients. • Supervising the preparation and review of care plans. • Initiating case conference meetings with nurses, social workers, care workers, relatives, advocates, clients, general practitioners and psychiatric nurses. • Supervising staff on appropriate policies for dealing with continence, bed sores, mobility, memory loss and infirmity as it affects the elderly and special needs. • Reviewing operational policies for service delivery. • Implementing compliance with medication administration. • Recommending changes in mobility aids and adaptation for the elderly and special needs clients. • Supervising the implementation of reality orientation program for elderly clients that are experiencing confusion and loss of memory. • Developing social activities programs in line with care plans for stimulating social interaction and fulfillment. • Identifying befrienders and advocates for elderly clients that have no relatives or support. • Supervising the preparation of staff rostering. PROFESSIONAL EXPERIENCE Granny NANNIES Port St. Lucie, Florida 2005 to Date Administrator • Responsible for the management of the company; • Developing/reviewing operational strategies, policies and objectives; • Researching needs and demands of existing/potential business related customers; • Complying with Florida Agency for Health Care Administration (AHCA) regulation; • Progressing Human Resource requirements; • Recruiting independent contractors, verifying licenses, certificates, in-service training, criminal history background screening; physicians statement of good health, drug abuse, integrity references; • HIPPA and Emergency Management compliance; • Managing quality assurance/complaints; • Financial management accountability; • Customer care. SOUTHWARK COUNCIL (A Local Government Authority that is situated in South London, England) 2005 Revenue & Resources Manager Responsible for the management and achievement of revenue generation targets, resource control and debt recovery. Target setting and review for staff. Policy development and monitoring. Budget preparation and implementation. Liaison between inter -departments and external agencies. Managing staff through recruitment, orientation, supervision, performance appraisal and training, business risk mapping. Addressing customer complaints. Reporting to Executive Board. TOWER HAMLET COUNCIL (A local Government Authority that is situated in East London, England 2004-2005 Assistant Manager Leasehold (Housing Services Directorate) Responsible for developing strategy for income generation and recovery. Achieving corporate goals. Setting and reviewing performance targets for staff. Implementing change management. Implementing solutions for resolving complaint from dissatisfied customers. Developing operation policies. Reporting to Executive Board. ASRA GREATER LONDON HOUSING ASSOCIATION — London, England (An Association that is funded by central Government to develop, provide and manage housing for people with special needs.) 2003-2004 Housing Services Manager Responsible for managing the Associations income generation policy. Development and identification of new business opportunities. Addressing complaints from diverse customers. Maintaining confidentiality. SALVATION ARMY HOUSING ASSOCIATION — London, England (A Christian organization that is funded by central Government to develop, provide and manage housing for people with special needs) 2001-2003 Acting Director Housing Services Head of Housing Management Responsible for directing and implementing the Association's national housing services for people with special needs and provision of care and support for the elderly. Produced corporate strategy and set targets in line with mission statement. Implemented total Quality Management tool for achieving effective and efficient service delivery. This enabled the identification of the Association's strength, weakness, opportunities and threats. Empowered customers through the production of "Rights Charter". Implemented effective Quality Assurance strategy by addressing complaints promptly and monitoring trends and customer satisfaction. Promoted the Associations profile within the sector. Identifying and developing special needs and elderly care business opportunities. Liaised with Social Services (including occupation health, social workers, and case managers) health Authorities, hospitals and doctors for conducting client assessments, producing care plans and reviews, case conferences and negotiation of care contracts. Produced operational policies for assisted living. Recruited, oriented and appraised staff. Set salaries and budgets. Developed and implements inclusive policies that are sensitive to the needs of customers and staff that are physically disabled. Brenda A. Woghiren EXPERIENCE PROFILE • 20 years experience as an Administrative Assistant/Legal Secretary; • Competently applies own initiative; • Team involvement and collective achievement; • Result and target driven • Successfully dealing with complaints/monitoring feedback; • Calm and rational in time of deadline, crisis and emergency; • Strong awareness of diversity; • Proven counseling skills for supporting those in need; • Proven bookkeeping skills and tack record including office budgetary reconciliation; • Excellent oral and written communication ability; • Strong interpersonal skills; • Strong organizational skills; • 90 wpm typing speed; • Proficient use of Microsoft Word, Powerpoint, Excel, Quickbooks, Generations RESPONSIBILITIES Alternate Administrator Granny NANNIES, Port St. Lucie, FL 2005 — Present • Responsible for the management of the company; • Developing/reviewing operational policies and objectives; • Complying with Florida Agency for Health Care Administration (AHCA) regulation; • Recruiting independent contractors, verifying licenses, certificates, in- service training, criminal history background screening; physicians statement of good health, drug abuse, integrity references; • HIPPA and Emergency Management compliance; • Managing quality assurance/complaints; • Financial management accountability; • Customer care. Legal Secretary/Assistant to Head of Commercial Litigation Department White & Case, London, England 2000 — 2005 • Coordinated the attorney's calendar for meetings, seminars and court appearances; • Transcription and filing with the Court of all legal documents; • Transcription of all correspondence; • Generated client invoices; • Indexing and filing of all legal documents; • Handled all clerical aspects of the client's file from inception to trial. Legal Secretary/Assistant to Partner Soloff & Zervanos, P.C., Philadelphia, PA 1995 - 1999 • Coordinated the attorney's calendar for meetings, seminars and court appearances; • Scheduled depositions; • Transcription and filing with the Court of all legal documents; • Transcription of all correspondence; • Generated client invoices; • Indexing and filing of all legal documents; • Handled all clerical aspects of the client's file from inception to trial. Office Manager/Legal Secretary to Managing Partner Fitzpatrick and Tanker, P.C., Philadelphia, PA 1992 - 1995 • Management of support staff; • Tracking vacation/sickness records of support staff; • Coordination of temporary support staff for distribution of overflow work when required; • Preparation of payroll and payroll taxes, income and expenditures, reconciliation of bank accounts; • Maintained office equipment and office supplies; • Tracked attorneys billable hours • Generated client invoices. Legal Secretary/Assistant to Partner and Associate Attorney Abraham, Pressman & Bauer, P.C., Philadelphia, PA 1986 —1992 • Coordinated the attorney's calendar for meetings, seminars and court appearances; • Scheduled depositions; • Transcription and filing with the Court of all legal documents; • Transcription of all correspondence; • Generated client invoices; • Indexing and filing of all legal documents; • Handled all clerical aspects of the client's file from inception to trial. REFERENCES AVAILABLE .UPON REQUEST Answer to Question 15 15. On a separate sheet please provide a justification for your application. Any relevant support documentation should be attached such as area survey you may,have conducted, growth studies, population studies, needs assessment. ANSWER: Justification The justification for our application stems from our primary business objective which is aimed at providing services that complements the changing demand and needs of our current and potential customers, that prefer to use a licensed nurse registry to provide a combination of both care and non -emergency transportation for them. These customers range from the elderly, couples or individuals with special needs. Since 2006 Granny NANNIES staff have been monitoring and analyzing the various requests for services from our past, current and potential customers. The conclusion from the analysis of our survey revealed that inquires are looking for assistance that combines both home health care and non -emergency transportation services. These customers are predominantly the elderly, couples or individuals with special needs that specifically prefer a licensed nurse registry that engages certified nursing assistants or home health aide level of care to provide them with their required services. Our analysis also revealed that some of our clients and potential customers preferred escorts that are trained and certified to pick them up from home and guide them through appointments, assist them with their health necessities and then return them safely to their home. Some customers also request for further assistance after they have been transported home. This assistance range from after discharge medication administration, wound treatment, bed bath or shower. Survey Result From our telephone survey (see result Appendix 1) that was conducted with. respondents from the counties or St. Lucie, Martin and Indian River. St. Lucie county appears to reflect a growing need and demand for combined home care and non -emergency transportation services. Equally of importance in the trends from the demographic surveys that were conducted by ePodunk, Bureau of Economic & Business research as well as US Census Bureau in 2000, 2005 and 2010 respectively reveal a growth in population particularly in St. Lucie County. For example the projected estimated population by age in 2009 is (see below). This trend represents almost 45% of St. Lucie County population that are potential customers. Total Population and Growth Projection 2009 284,606 Total Population 50 — 59 40,294 14.2% 60+ 82,011 28.8% Of interest is the number of potential customers that could use and benefit from our services. These are single people that live alone. US Census Bureau in 2000 established that St. Lucie had 12.40% of its households that were in the age group 65 and older that lived alone. The Bureau also estimated in its 2000 survey that St. Lucie County had 45,066 persons from age group 5 plus that were disabled. These are potential customers within this group that are wheelchair bound that are striving to improve upon their independence. They need a certified escort that would provide them with their non -emergency transportation requirement particularly during and after admission/discharge situations. Whilst the demand for services dropped slightly in 2009 as a result of the economic situation, our existing and potential customers appeared to be more concerned about their disposable income and affordability. They were inquiring, as well as, comparing costs or services. They were also spending prolonged periods in consultation with their respective_family members or loved ones before deciding to take up services. Affordability as well as the inclusion of a CNA/HHA and driver escort were and still are the main motivating factors that customers are demanding. St. Lucie county demographics reflect a growing elderly _population. Granny NANNIES ;has and still is contributing to the quality of life for the county's elderly, population by providing quality services that complement the changing need and demand of this age group. Granny NANNIES also recognizes that access to quality affordable transportation is often the major factor that allows seniors to live independently in their own home. It is the connection to vital activities such as going to a doctor appointment, grocery shopping, 'visiting family and friends and social clubs. Our escort caregivers who are trained and certified to pick up the clients at home, guide them through appointments, admission/discharge and return them home safely. TELEPHONE INQUIRY SURVEY RESULTS FROM 2007 Total clients surveyed Total female surveyed Total male surveyed Total special needs clients surveyed Couples (Elderly) Counties - Total Respondent St. Lucie Martin Indian River Total Demographic Profile 42 18 10 3 11 20 10 12 42 Summary of need and demand requests Appendix 1 20 - 30 -Mainly special needs — wheelchair bound Prefer CNA trained/certified/escort/driver. -health issues requiring assistance/supervision, transfers. -doctors appt./library 50 - 80 -admission/discharge related/mobility and wheelchair bound assistance. -CNA, HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring, supervision, social, personal appt. and engagements. 80 and above -elderly/frail elderly — mobility/wheelchair bound -admission/discharge, care and support. -CNA/HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring/supervision, social/personal, appts./engagement. TELEPHONE INQUIRY SURVEY RESULTS 2008 Total clients surveyed Total female surveyed Total male surveyed Total special needs clients surveyed Couples (Elderly) Counties - Total Respondent St. Lucie Martin Indian River Total Demographic Profile s®i 50 20 4 6 40 25 15 W Summary of need and demand requests Appendix 1 20 - 30 -Mainly special needs —wheelchair bound -Prefer CNA trained/certified/escort/driver. -health issues requiring assistance/supervision, transfers. -doctors appt./library 50 - 80 -admission/discharge related/mobility and wheelchair bound assistance. -CNA, HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring, supervision, social, personal appt. and engagements. 80 and above -elderly/frail elderly — mobility/wheelchair bound -admission/discharge, care and support. -CNA/HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring/supervision, social/personal, appts./engagement. TELEPHONE INQUIRY SURVEY RESULTS 2009 Total clients surveyed Total female surveyed Total male surveyed Total special needs clients surveyed Couples (Elderly) Counties - Total Respondent St. Lucie Martin Indian River Total Demographic Profile 64 36 17 3 8 29 25 10 64 Summary of need and demand requests Appendix 1 20 - 30 -Mainly special needs — wheelchair bound -Prefer CNA trained/certified/escort/driver. -health issues requiring assistance/supervision, transfers. -doctors appt./library 50 - 80 -admission/discharge related/mobility and wheelchair bound assistance. -CNA, HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring, supervision, social, personal appt. and engagements. 80 and above -elderly/frail elderly — mobility/wheelchair bound -admission/discharge, care and support. -CNA/HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring/supervision, social/personal, appts./engagement. TELEPHONE SURVEY RESULTS BREAKDOWN OF COUNTIES DEMOGRAPHIC PROFILE SERVICE INQUIRIES 2007 - 2009 2007 COUNTIES AGE GROUP 20 - 30 50 - 80 , 80 - Plus St. Lucie 4 6 10 Martin 2 2 6 Indian River 2 3 7 2008 COUNTIES AGE GROUP 20 - 30 50 -80 80 - Plus St. Lucie 4 16 20 Martin 3 10 12 Indian River 3 5 7 2009 COUNTIES AGE GROUP 20 - 30 50 - 80 80 - Plus St. Lucie 3 10 16 Martin 3 9 5 Indian River 2 2 4 Motivation Need/Demand • Affordability 100% • Use of certified CNA/HHA & Driver Escort 95% AHCA: Background Screening Page I of 1 FM Agency for Health Care Administration Background Screening Section 2727 Mahan Drive Bldg. 3, Mail Stop#40 Tallahassee, FL 32308 Friday, January 22, 2010 Agency for Health Care Administration - Background Screening Search Results Name: Date of Birth: Race: Sex: Screening Result CLASS 1 - ELIGIBLE CLASS 2 - ELIGIBLE Personal Information: STANLEY WOGHIREN 07/08/1957 B M Date 01/21/10 04/24/06 AHCA: Background Screening Page l of 1 am Agency for Health Care Administration Background Screening Section 2727 Mahan Drive Bldg. 3, Mail Stop #40 Tallahassee, FL 32308 Friday, January 22, 2010 Agency for Health Care Administration - Background Screening Search Results Personal Information: Name: BRENDA ANNETTE WOGHIREN Date of Birth: 05/14/1962 Race: B Sex: F Screening Result Date CLASS 1 - ELIGIBLE 01/21/10 CLASS 2 - ELIGIBLE 04/24/06 AHCA: Background Screening Page 1 of 1 Agency for Health Care Administration Background Screening Section 2727 Mahan Drive Bldg. 3, Mail Stop #40 Tallahassee, FL 32308 Friday, January 22, 2010 Agency for Health Care Administration - Background Screening Search Results Name: Date of Birth: Race: Sex: Screening Result Personal Information: VINCENT CUTENESE 04/10/1956 W M Date CLASS 1 - ELIGIBLE 01/21/10 CQUNTY F C? R I D A} AGENDA REQUEST ITEM NO. VII-B DATE: 10/26/10 REGULAR PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner Department SUBJECT: Ordinance 10-020 Evaluation and Appraisal Report -Based Amen ments to the Comprehensive Plan BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board adoption of the Evaluation and Appraisal Report -Based Amendments to the Comprehensive Plan (Ordinance No. 10-020). COMMISSION ACTION: CONCURRENCE: 1/1 APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Motion to approve as amended. Coordination/Signatures County Attorney (X) County Surveyor ( ) Darnel S. McIntyre County Engineer ( ) ERD ( ) Michael Powley Originating Dept. (X ) OMB ( ) Mark Satterlee Purchasing ( ) Melissa Simberlund Ron Harris Karen Smith Marie Gouin J Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager FROM: Britton De Witt, Senior Planne Planning Division DATE: October 26, 2010 SUBJECT: Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan ITEM NO.: VII-B Background: On October 19, 2010, the Board of County Commissioners held the final adoption hearing (second reading) for the Evaluation and Appraisal Report -based (EAR) amendments to the Comprehensive Plan and continued the item to October 26, 2010. The continuation of the item was to allow for printing the amendments into one cohesive document (Exhibit A of Ordinance 10-020) and to incorporate six additional changes as directed by the Board. The following memo by Calvin, Giordano & Associates itemizes the six additional changes. The complete EAR -based amendments were delivered to the Board members and made available online for download on October 22, 2010 at the following link: http://www.stiucieco.gov/planning/EAR.htm Previous Action: February 8, 2010 — A public workshop was held. February 15, 2010 — A public workshop was held. March 8, 2010 — A public workshop was held. March 18, 2010 — A workshop with the Planning & Zoning Commission/Local Planning Agency was held. April 15, 2010 — Public hearing with the Planning & Zoning Commission/Local Planning Agency was held and voted 5:2 in favor of recommending adoption of the proposed amendments to the Board of County Commissioners. May 25, 2010 — Board of County Commissioners informal meeting was held. June 1, 2020 — Transmittal hearing by the Board of County Commissioners was held. August 16, 2010 — Objections, Recommendations and Comments Report was issued by the Department of Community Affairs. October 19, 2010 — Adoption hearing by Board of County Commissioners which was continued to October 26, 2010. Recommendation: Board adoption of the Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan (Ordinance No. 10-020). M A Calvin, Giordano & Associates, Inc. E X C E P T I O N A L S O L U T I O N S t ❑ Fort Lauderdale Office - 18M Eller Drive, Suite 600, Fort Lauderdale, Florida 33316 Phone:954.921.7781 s Fax:954,921.8807 ❑ Palm Beach Office - 560 Village Blvd., Suite 340, West Palm Beach, Florida 33409 Phone:561.684.6161 • Fax:561.684.6360 DATE: October 21, 2010 TO: Mark Satterlee, AICP, Director, Planning & Development Services Britton De Witt, Senior Planner FROM: Lorraine Tappen, AICP, Senior Planner SUBJECT: PROJECT: Evaluation and Appraisal Report (EAR) Based Comprehensive Plan Amendments 09-2819 On October 19, 2010, the Board of County Commissioners held a public hearing on the EAR - based Comprehensive Plan Amendments. The Board of County Commissioners suggested the following changes: 1) Revise Future Land Use Element Policy 1.4.1.3 to read as follows: Policy 1.4.1.3 - Amend the Comprehensive Plan to define a transfer of development rights program that is consistent with the Western Lands Study as approved by the Board of County Commissioners that preserves and conserves agricultural areas, open spaces, and natural areas through a green infrastructure analysis. 2) Revise Future Land Use Element Policy 1.4.2.5 to read as follows: Policy 1.4.2.5 - The County shall facilitate the creation of low interest loans through the Solar and Energy Loan Fund to residents and business owners to install energy efficiency and conservation measures as well as renewable energy technology. The same revision was made to Housing Element Policy 3.2.7.10. 3) Add the following policy to the Future Land Use Element: Policy 1.4.2.6 - The County shall develop specific energy conservation goals for the rehabilitation of County buildings by December 2012. 4) Revise Housing Element Policy 3.2.3.2 as follows: Policy 3.2.3.2 — The County shall continue to encourage rehabilitation of substandard, dilapidated housing through rehabilitation grants that follow green initiatives such as the use of green, energy efficient materials as appropriate. These materials include, but are not limited to, green building materials, energy efficient appliances, and renewable energy, such as photovoltaic and other renewable energy as appropriate on projects. Additional changes to the EAR -based Amendments since the October 19`h hearing include: 5) Inclusion of the word "conserve" in addition to preserve per the request of Adams Ranch in the following: a. Description of the Western Lands Study in the Future Land Use Element (p. 1-13) b. Future Land Use Element Objective 1.4.1 regarding the Western Lands Study c. Future Land Use Policy 1.4.1.3 regarding a Transfer of Development Rights program consistent with the Western Land Study 6) Removed language regarding roadways outside the Urban Service Boundary in Objective 2.12B. Existing Policy 2.1.3.4 provides that roadways outside the urban service area shall not be widened or constructed until it is demonstrated to the County that the roadway construction is required to meet the development impacts of the area. Om JOHNATHAN A. FERGUSON* ATTORNEY AT LAW *Board Certified City, County and Local Government Law 2366 S. Brocksmith Rd. Fort Pierce, FL 34945 Via E-Mail Mark Satterlee, Director Planning Division St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 fergusonlanduselaw.com fergusonlanduselaw@gmail.com October 25, 2010 Re: EAR Based Amendments — Comments Dear Mark: Ofc. 772465-0729 Cell 772-971-7506 vit-3 OVA- PaVIC, Comwen�"5 s On behalf of Evans Properties, Inc. I offer the attached comments on the October 2010 draft of the EAR based comprehensive plan amendments. In general, many of the proposed amendments do one of two things: they make it more expensive to develop in St. Lucie County without a corresponding public benefit or they commit the County to expensive reviews, studies and programs with no indication as to how much such work will cost or where the County will obtain the funds to do such work. To emphasize the second point, I have attached a "To -Do List" which lists all of the new policies or amended policies with added dates that include a definable task. There are 58 such policies of which 31 of them have a due date prior to the end of 2012. Please include the attached comments as part of the public comments submitted as part of the required public hearing. Thank you for your assistance. Sincerel , Johnathan A. Ferguso Enc. Cc: Britton Wilson COMMENTS ON OCTOBER 2010 VERSION EAR BASED COMPREHENSIVE PLAN AMENDMENTS COMMENTS PREPARED OCTOBER 24, 2010 Page references are to the October 2010 version and the language in italics is from the proposed text. 1) Page 1-19, Policy 1.1.1.2.: The requirement to develop as a Planned Development (PD) for projects in excess of 8 lots should be deleted and, as with all other property, the PD rezoning should be optional. 2) Page 1-24, Policy 1.1.2.2.: The requirement to develop as a Planned Development (PD) for projects in excess of 8 lots or more than 160 acres should be deleted and, as with all other property, the PD rezoning should be optional. 3) Page 1-26, Objective 1.1.4.: Consider changes to the future land use plan based upon smart growth, energy efficient land use patterns and discouraging the proliferation of urban sprawl. This objective uses the appropriate buzz words but adds no substance to the Comprehensive Plan ("Plan") because the buzz words are undefinable. As a result it adds uncertainty to the Plan which in turn simply adds an entry point for future disagreements. The objective should be deleted or reference made to future Land Development Regulation ("LDR") provisions which will define such terms. 4) Page 1-27, Policy 1.1.4.3.: Retain an urban service area boundary to restrict the negative impacts of a sprawling low density development pattern and the fiscal burden that pattern of development has on the ability of the community to meets its service needs. At this time this policy reflects an unsupported conclusion and should be deleted. If such a policy is inserted in the Plan, it should be based on empirical data. To date there is no such data for St. Lucie County unless you want to refer to Dr. Stronge's Economic Analysis prepared for the Western Lands Study which supports the opposite conclusion. EAR Based Comp Plan Amendments Evans Properties, Inc. Comments 10/25/2010 Page 1 of 7 5) Page 1-27, Policy 1.1.4.6.: Future land use map amendment applications that increase residential development must demonstrate a numerical population need. This policy should be deleted unless "need" is defined by objective standards. A needs analysis is a complex operation and to add this simple policy without addressing the complexities of a needs analysis is unenforceable. Either the policy should be deleted or there should be a reference to future LDR provisions which will establish measurable criteria for analyzing need. 6) Page 1-31, Policy 1.1.5.13.: Require that new development be designed and planned in a manner which does not place an unanticipated economic burden upon existing taxpayers, services, and facilities of St. Lucie County. Without standards this policy is unenforceable and does nothing but add uncertainty to the process and will inevitably lead to arguments. It is also poorly written. For example, "anticipated" economic burdens would be allowed, it is only "unanticipated" economic burdens which are prohibited. This policy should be deleted. 7) Page 1-34, Policy 1.1.8.1.: ,%W This policy should be amended to read as follows: All new subdivisions, planned unit developments and site development plans shall be designed to include an efficient system of internal traffic circulation that does not require internal trips or trips of short duration to be forced onto the major roadway network Connections to new and existing subdivisions shall be encouraged but shall not be required. 8) Page 1-46, Policy 1.2.1.5.: This policy should be amended to read as follows: The County shall coordinate with the St. Lucie TPO and FDOT to implement the recommendations of the 2008 SLC Bicycle, Pedestrian, Greenways & Trails Study ("Greenways " Lwhen funding is available. Individual proper owners shall not be required to contribute to the funding of the Greenways different from the contribution of the St. Lucie County population at large. EAR Based Comp Plan Amendments Evans Properties, Inc. Comments 10/25/2010 Page 2 of 7 9) Page 2-64, Policy 2.1.2.A.8.e.: This policy should be amended to read as follows: e. If the County adopt ti of- he a mobility fee, the County may consider the elimination or re-evaluation of the Level of Service standards. 10) Page 2-67, Policy 2.3.1.1.: This policy should be amended as follows: The County shall coordinate with the FDOT, the St. Lucie Transportation Planning Organization (TPO), the City of Fort Pierce, and the City of Port St. Lucie and implement the recommendations of the 2008 SLC Bicycle, Pedestrian, Greenways & Trails Study as it may be updated, when funding is available, or as provided in the Land Development Code. Individual property owners shall not be required to contribute to the funding of the Greemvays di erent from the contribution of the St. Lucie CounU population at large. 11) Page 2-70, Policy 2.4.3.1.C.: This policy refers to other comprehensive plan policies that are not listed. 12) Page 3-17, Objective 3.1.1.: This objective requires the County to interfere with the "affordable housing" market. The County cannot successfully manipulate the housing market and cannot successfully ensure "affordable housing." However, the County can take steps to assist the housing market by removing unnecessary impediments that drive up costs without a corresponding benefit. Towards that end, the objective could read as follows: The County shall review existing and proposed regulations for their ne,Qative financial impacts on affordable housing for all current and anticipated residents; on residents with special housing needs, including, rural and farmworker housing; and on workforce housing 13) Page 4-29, Policy 4A.1.1.2.: This policy reads in part as follows: The County Utility District will determine the most cost effective and efficient means of providing potable water services for all development approved by the County Commission within the unincorporated areas of the County outside the urban service area which approval is subject to the provision of central water service within such development. EAR Based Comp Plan Amendments Evans Properties, Inc. Comments 10/25/2010 Page 3 of 7 This policy is poorly drafted and confusing at best. It is not clear what is intended and, therefore, �.• should be deleted or rewritten to better express the County's intent. 14) Page 4-29, Policy 4A.1.1.3.: In order to prevent sprawl and leapfrog development in the unincorporated areas of the County, no water or sewer utility companies shall be permitted to construct or install water or sewer facilities to serve or provide water or sewer utility service to new development within the unincorporated areas of the County without the consent of the County Commission. The Plan should not contain standardless policies. This policy prohibits an activity without providing the reader with any idea as to what the standards might be other than "sprawl and leapfrog" development. Such a policy grants the County Commission the incorrect notion that it can deny a request for utility service based on this policy because the County Commission gets to define "sprawl and leapfrog development" without the guidance of enumerated standards and on a case by case basis. Such a policy should only be adopted if it is accompanied by standards in the Plan or adopted in the LDRs. 15) Page 4-40, Policy 41).1.1.2.: See comment #13 above. 16) Page 5-17, Policy 5.1.1.11.: �%W The County shall direct all inappropriate future land uses away from the coastal planning areas and shall ensure that its code compliance process continues to identify and address all non- compliant uses. There are no standards or criteria for determining "inappropriate future land uses" and without such guidance this policy could be arbitrarily applied. 17) Page 5-18, Policy 5.1.2.4.: This policy reads in part: The Land Development Code shall require the installation or preservation of a native vegetative transitional buffer adjacent to all wetlands, submerged lands, or other surface waters, regardless of whether these be naturally occurring or manmade. This policy should provide for an exception for agricultural lands where it may be impracticable to provide a vegetative buffer. For example, it would be virtually impossible to maintain a vegetative buffer around a pond that is accessible to grazing cattle. EAR Based Comp Plan Amendments Evans Properties, Inc. Comments 10/25/2010 Page 4 of 7 18) Page 6-19, Policy 6.1.1.4.: The policy should be amended to read as follows: The County shall continue to support, seek additional funding sources for and implement the Greenways and Trails master Plan to facilitate and encourage alternative transportation means. Individual property owners shall not be required to contribute to the fundin of the Greenways different from the contribution of the St. Lucie CountE population at large. 19) Page 6-21, Policy 6.1.2.15.: No new untreated point source discharges into estuarine and coastal waters, for stormwater runoff, will be permitted. Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 20) Page 6-22, Policy 6.1.4.2.a.: Project modification measures to reduce wetland loss and degradation. All projects shall be required to maximize design modifications to ensure wetland impacts are avoided or minimized to the maximum extent feasible. This change to the policy adds uncertainty to the development process and adds costs without necessarily ensuring a corresponding benefit. This policy enacts a de facto "no wetland impact" rule without explicitly saying so. The change should be deleted. 21) Page 6-22, Policy 6.1.4.4.: See comment # 17. 22) Page 6-25, Policy 6.1.5.3.: Activities and land uses known to adversely affect the quality and quantity of water sources and natural groundwater recharge areas shall be regulated to protect the quali and quantity of these resources. Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. EAR Based Comp Plan Amendments Evans Properties, Inc. Comments 10/25/2010 Page 5 of 7 M 23) Page 6-28, Policy 6.1.8.2.f.: Proposed site clearing activities within the known range of listed species or where such species are expected to occur based upon habitat suitability and species ranges shall be surveyed by qualified environmental consultants and/or government ecologists prior to approval and commencement of such activities to determine whether or not populations of listed or plant and animal species occur. Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 24) Page 6-30, Policy 6.1.8.12.: The County shall require clustering micro -siting ofstructures or other protective mechanisms to preserve native vegetative communities or protected species habitats. Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 25) Page 6-34, Policy 6.1.12.4.b. & c.: Those Environmentally Sensitive Areas identified as containing habitat worthy of preservation may require a clustering of allowable density to more suitable areas for development to avoid and minimize impacts to highly sensitive habitat. in SUM Ortws-. Environmentally Sensitive Areas containing hilly sensitive native habitat worthy of preservation may require the habitat be protected through a conservation easement or other method acceptable to the County. Only footpaths or entryways will be permitted in such areas Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 26) Page 6-35, Policy 6.1.12.13.: To ensure protection of the natural resources of the County identified in this Plan, the county shall direct all incompatible future land uses away from these natural resource systems. EAR Based Comp Plan Amendments `W Evans Properties, Inc. Comments 10/25/2010 Page 6 of 7 Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 27) Page 6-36, Objective 6.1.13.: See comment #18 above. 28) Page 6-39, Objective 6.1.15.: St. Lucie County shall implement the Wetland Inventory and Evaluation Stu4E designed to facilitate the development of policies and procedures to improve the protection of the existing wetlands in the County. The County cannot afford to implement this objective. It is impossible to appropriately map wetlands without on -site visits which would not be possible without individual property owner permission. 29) Page 7-11, Policy 7.1.7.1.: See comment #18 above. Mn EAR Based Comp Plan Amendments Evans Properties, Inc. Comments 10/25/2010 Page 7 of 7 EAR BASED COMPREHENSIVE PLAN AMENDMENTS OCTOBER 2010 VERSION TO-DO LIST FUTURE LAND USE ELEMENT 1) Policy 1.1.4.5.: By 2013 develop standards for brownfields. 2) Policy 1.1.4.7.: By December 2011 amend LDRs for walkable development standards. 3) Policy 1.1.4.8.: By December 2012 develop TOD guidelines. 4) Policy 1.1.4.10.: Amend LDRs to green jobs recommendations. 5) Policy 1.1.5.13.: By 2012 explore establishing minimum densities. 6) Policy 1.1.7.1.: Amend LDRs for cluster housing etc.... 7) Policy 1.1.8.5.: Within one year [October 2011 ] amend LDRs to address criteria for changing property to general commercial. ice,, 8) Policy 1.1.9.1.: Within one year [October 2011 ] amend LDRs to include criteria for habitat preservation. 9) Policy 1.1.9.2.: By December 2012 consider fees in lieu of preservation. 10) Policy 1.1.9.15.: By 2014 work with other agencies to consider a plan for wildlife corridors. 11) Policy 1.1.10.4.: By 2013 explore LDRs to encourage water dependent facilities. 12) Policy 1.1.11.2.: Amend LDRs to deal with land use changes to heavy industrial. 13) Policy 1.1.11.3.: Amend LDRs to deal with land use changes to light industrial. 14) Policy 1.1.13.5.: Develop join planning interlocal agreements. 15) Policy 1.1.15.7.: Within one year [October 2011 ] amend LDRs for runway protection information. 16) Policy 1.1.16.: Within one year [October 2011 ] amend LDRs to allow agri-tourism. 17) Policy 1.2.1.2.: By 2012 explore fees in lieu of transit stops for new development. EAR Based Amendments: To -Do List October 2010 Version Page 1 of 4 18) Policy 1.2.1.4.: By December 2013 explore financial feasibility of design standards for pedestrian activity. 19) Policy 1.2.1.6.: By December 2011 complete the study on innovative transportation funding practices. 20) Policy 1.4.1.3.: Amend comp plan to address a TDR program. 21) Policy 1.4.2.2.: By December 2012 explore incentives for green building standards. 22) Policy 1.4.2.4.: By 2012 review LDRs for alternative renewable energy sources. 23) Policy 1.4.2.6.: By December 2012 develop energy goals for existing public buildings. TRANSPORTATION ELEMENT 24) Policy 2.1.2B.14.: By December 2011 consider alternative mobility fee structures. 25) Policy 2.1.2B.2: By December 2011 consider implementing charges based on VMTs. 26) Policy 2.1.213A.: By December 2012 consider TDM measures. 27) Policy 2.1.2B.5.: By December 2012 consider TOD guidelines. 28) Policy 2.3.2.5.: By December 2011 amend LDRs to include sidewalk requirements. 29) Policy 2.3.2.9.: By December 2013 establish a schedule to complete missing sidewalks. 30) Policy 2.6.1.5.: By January 2013 consider implementing fixed bus route recommendations. 31) Policy 2.6.1.7.: By December 2013 pursue federal transportation grants. HOUSING ELEMENT 32) Policy 3.1.1.5.: By 2013 explore programs for housing near work places. 33) Policy 3.2.1.1.: By 2014 examine housing needs based on 2010 census data. 34) Policy 3.2.1.3.: By December 2014 explore the need for an inclusionary housing program. 35) Policy 3.2.3.5.: By December 2014 explore the feasibility of a community land trust. EAR Based Amendments: To -Do List October 2010 Version Page 2 of 4 36) Policy 3.2.3.6.: By December 2015 explore forming a housing trust fund. 37) Policy 3.2.7.3.: Adopt review criteria for photovoltaic panel placement. INFRASTRUCTURE ELEMENT 38) Objective 4C.1.1.: Annually update the GIS based stormwater mapping system. 39) Policy 4C.3.1.6.: By December 2013 evaluate adopting low impact design stormwater techniques. 40) Policy 4D.2.1.1.: By October 2013 update the utility masterplan. COASTAL MANAGEMENT ELEMENT 41) Policy 5.1.1.9.: Monitor climate change and sea level rise data. 42) Policy 5.1.5.7.: Amend LDRs to provide guidelines for removing manmade alterations from dunes. 43) Policy 5.2.4.10.: By the beginning of the 2011 hurricane season, develop a post disaster redevelopment plan. 44) Policy 5.3.1.3.: By December 2012 explore conducting a study to identify certain areas along A-1-A for parking access. 45) Policy 5.4.1.9.: Within one year [October 2011] amend LDRs to require public restrooms at waterfront developments. CONSERVATION ELEMENT 46) Policy 6.1.2.5.: Within one year [October 2011 ] amend LDRs to require littoral zones for all water bodies. 47) Policy 6.1.6.6.: Within one year [October 2011 ] amend LDRs to require development be consistent with soil conditions. 48) Policy 6.1.7.5.: Within one year [October 2011] amend LDRs to address prohibiting mining in environmentally sensitive areas. 49) Policy 6.1.8.3.: By December 2012 consider allowing fees in lieu of on -site preservation. 50) Policy 6.1.8.4.: Within one year [October 2011] amend LDRs to include standards for upland preservation. EAR Based Amendments: To -Do List October 2010 Version Page 3 of 4 51) Objective 6.1.15.: By June 2011 complete the wetlands inventory. 52) Policy 6.1.15.2.: Within one year [June 2012] of completing the wetland inventory, amend LDRs to adopt wetland protection measures. 53) Policy 6.1.15.3.: Within two years [June 2013] of completing the wetlands inventory, amend the comp plan to include updated wetland protection measures. RECREATION AND OPEN SPACE ELEMENT N/A INTERGOVERNMENTAL COORDINATION ELEMENT 54) Policy 8.1.1.12.: By January 2012 explore an interlocal agreement with Port St. Lucie for annexation coordination procedures. 55) Policy 8.1.1.14.: By January 2013 explore cross jurisdictional transfers of development rights. CAPITAL IMPROVEMENTS ELEMENT 56) Policy 9.1.1.17.: By December 2014 explore preparing a library master plan. 57) Policy 9.1.4.12.: By 2012 consider a concurrency and capacity database. ECONOMIC DEVELOPMENT ELEMENT 58) Policy 10.5.1.4.: By 2012 establish a site plan pre -approval process for industrial and commercial development. EAR Based Amendments: To -Do List October 2010 Version Page 4 of 4 JOHNATHAN A. FERGUSON* ATTORNEY AT LAW *Board Certified City, County and Local Government Law 2366 S. Brocksmith Rd. Fort Pierce, FL 34945 Via E-Mail Mark Satterlee, Director Planning & Development Services St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 fergusonlanduselaw.com fergusonlanduselaw@gmail.com May 17, 2010 Re: EAR Based Amendments — Comments Dear Mark: Oft. 772-465-0729 Cell 772-971-7506 I offer the following comments on the February 2010 draft of the EAR based comprehensive plan amendments. In general, many of the proposed amendments do one of two things: they make it more expensive to develop in St. Lucie County without a corresponding public benefit or they commit the County to expensive reviews, studies and programs with no indication as to how much such work will cost or where the County will obtain the funds to do such work. I realize that there is a May version now posted, however, I did not have the time to go back through to compare the May version to the February version. I recognize that the latest version may have addressed issues raised by myself and others. I will be happy to sit down with you or Britton to go through my comments in more detail if you feel that would be helpful. Sincerely, Johnathan A. Fergus Enc. Cc: Britton Wilson COMMENTS ON FEBRUARY 2010 VERSION EAR BASED COMPREHENSIVE PLAN AMENDMENTS COMMENTS PREPARED MAY 15, 2010 Page references are to the February 2010 version and the language in italics is from the proposed text. 1) Page 1-16, Policy 1.1.1.2.: The requirement to develop as a Planned Development (PD) for projects in excess of 8 lots should be deleted and, as with all other property, the PD rezoning should be optional. There should be no requirement to create Community Development Districts ("CDD") if the project is larger than 200 acres. Creating a CDD may be an unnecessary cost. 2) Page 1-21, Policy 1.1.2.2.: The requirement to develop as a Planned Development (PD) for projects in excess of 8 lots or more than 160 acres should be deleted and, as with all other property, the PD rezoning should be optional. 3) Page 1-24, Objective 1.1.4.: Consider changes to the future land use plan based upon smart growth, energy efficient land use patterns and discouraging the proliferation of urban sprawl. This objective uses the appropriate buzz words but adds no substance to the Comprehensive Plan ("Plan") because the buzz words are undefinable. As a result it adds uncertainty to the Plan which in turn simply adds an entry point for future disagreements. The objective should be deleted. 4) Page 1-24, Policy 1.1.4.3.: Retain an urban service area boundary to restrict the negative impacts of a sprawling low density development pattern and the fiscal burden that pattern of development has on the ability of the community to meets its service needs. At this time this policy reflects an unsupported conclusion and should be deleted. If such a policy is inserted in the Plan, it should be based on empirical data. To date there is no such data for St. Lucie County unless you want to refer to Dr. Stronge's Economic Analysis prepared for the Western Lands Study which supports the opposite conclusion. 5) Page 1-24, Policy 1.1.4.7.: Page 1 of 6 Future land use map amendment applications that increase residential development must �►.r demonstrate a numerical population need unless the amendment enhances urban infill or redevelopment projects. This policy should be deleted unless "need" is defined by objective standards. A needs analysis is a complex operation and to add this simple policy without addressing the complexities of a needs analysis is irresponsible. 6) Page 1-28, Policy 1.1.5.13.: Require that new development be designed and planned in a manner which does not place an unanticipated economic burden upon existing taxpayers, services, and facilities of St. Lucie County. Without standards this policy is unenforceable and does nothing but add uncertainty to the process and will inevitably lead to arguments. It is also poorly written. For example, "anticipated" economic burdens would be allowed, it is only "unanticipated" economic burdens which are prohibited. This policy should be deleted. 7) Page 1-31, Policy 1.1.8.1.: This policy should be amended to read as follows: ' hw All new subdivisions, planned unit developments and site development plans shall be designed to include an efficient system of internal traffic circulation that does not require internal trips or trips of short duration to be forced onto the major roadway network Connections to new and existing subdivisions shall be encouraged but shall not be required. 8) Page 1-43, Policy 1.2.1.5.: This policy should be amended to read as follows: The County shall coordinate with the St. Lucie TPO and FDOT to implement the recommendations of the 2008 SLC Bicycle, Pedestrian, Greenways & Trails Study ("Greenways j when funding is available. Individual property owners shall not be required to contribute to the funding of the Greenways different from the contribution of the St. Lucie Countv opulation at large. 9) Page 1-43, Policy 1.2.1.6.: Explore and implement innovative transportation funding practices that discourage sprawl such as a mobility fee that charges all new developments with costs varying on location and vehicles miles traveled (VMT) per the Transportation Element. Page 2 of 6 This is an unworkable policy and should be deleted. The County does not have the time or resources to "implement" an unproven and non-existent system. The Plan should not contain policies that cannot be effectively implemented. 10) Page 2-62, Policy 2.1.2.7.: This policy should be amended to read as follows: e. If the County Upert adops6" ef—the a --mobility fee, the County may consider the elimination or re-evaluation of the Level of Service standards. 11) Page 2-63, Policy 2.1.2.12.: The County shall consider implementing a mobilityfee in accordance with requirements adopted in SB 360 that charges all new developments with costs varying on location and vehicles miles traveled (VMT) by December 2011. The County does not have the resources to comply with this policy and it should be deleted. 12) Page 3-17, Objective 3.1.1.: This objective requires the County to interfere with the "affordable housing" market. The County cannot successfully manipulate the housing market and cannot successfully ensure "affordable housing." However, the County can take steps to assist the housing market by removing unnecessary impediments that drive up costs without a corresponding benefit. Towards that end, the objective could read as follows: The County shall review existing and proposed regulations for their negative financial impacts on affordable housing for all current and anticipated residents; on residents with special housing needs, including rural and farmworker housing; and on workforce housing 13) Page 4-31, Policy 4A.1.1.3.: In order to prevent sprawl and leapfrog development in the unincorporated areas of the County, no water or sewer utility companies shall be permitted to construct or install water or sewer facilities to serve or provide water or sewer utility service to new development within the unincorporated areas of the County without the consent of the County Commission. The Plan should not contain standardless policies. This policy prohibits an activity without providing the reader with any idea as to what the standards might be other than "sprawl and leapfrog" development. Such a policy grants the County Commission the incorrect notion that it can deny a request for utility service based on this policy because the County Commission gets to define "sprawl and leapfrog development" without the guidance of enumerated standards and on a case by case basis. Such a policy should only be adopted if it is accompanied by standards in the Plan or adopted in the LDRs. Page 3 of 6 14) Page 4-32, Policy 4A.1.2.6. [and similar Policy 41).1.2.5.]: Development within the unincorporated areas of the County will only be permitted when such development ties into or makes provision for obtaining water or sewer utility service from the St. Lucie County Water and Sewer Utility District, the Ft. Pierce Utility Authority or the City of Port St. Lucie Utility within their respective service areas. S-twfem A -at is available as set ferM in the g' Serviee '',.q;', bg;fi v [staff proposed changes]. This policy, as amended, prohibits all development outside the urban service area. The policy should remain unchanged. 15) Page 5-17, Policy 5.1.1.10.: The County shall continue to monitor all credible climate change and sea level rise data and what direct and potential effects this has on the coastal system natural resources. Based on this data the County shall evaluate and update the resource protection standards of the land development regulations and this plan as necessary. The County does not have the resources or expertise to implement this policy and it should be deleted. 16) Page 5-23, Policy 5.1.5.7.: When reviewing redevelopment applications for a site with previously existing manmade alterations on a dune, beach or shoreline system, the alteration shall be evaluated to determine if removal is feasible, and if so, if benefit would occur through removal as a part of the redevelopment project. Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 17) Page 5-26, Policy 5.2.1.6.: The County shall consider the most current and credible sea level rise data when planning long term infrastructure and capital improvement expenditures and land use amendments in areas less than 10 feet in elevation. Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 18) Page 6-19, Policy 6.1.1.4.: Page 4 of 6 The policy should be amended to read as follows: The County shall continue to support, seek additional funding sources for and implement the Greenways and Trails master Plan to facilitate and encourage alternative transportation means. Individual property owners shall not be required to contribute to the funding of the GreemvaLs different from the contribution of the St. Lucie County population at large. 19) Page 6-21, Policy 6.1.2.15.: No new untreated point source discharges into estuarine and coastal waters, for stormwater runoff, will be permitted. Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 20) Page 6-22, Policy 6.1.4.2.a.: Project modification measures to reduce wetland loss and degradation. All projects shall be required to maximize design modifications to ensure wetland impacts are avoided or minimized to the maximum extent feasible. This change to the policy adds uncertainty to the development process and adds costs without necessarily ensuring a corresponding benefit. This policy enacts a de facto "no wetland impact" rule without explicitly saying so. The change should be deleted. 21) Page 6-25, Policy 6.1.5.3.: Activities and land uses known to adversely affect the quality and quantity of water sources and natural r:oundwater recharge areas shall be regulated to protect the quality andguantitg of these resources. Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 22) Page 6-27, Policy 6.1.8.2.f.: Proposed site clearing activities within the known range of listed species or where such species are expected to occur based upon habitat suitability and species ranges shall be surveyed by qualified environmental consultants and/or government ecologists prior to approval and Page 5 of 6 commencement of such activities to determine whether or not populations of listed or plant and 11%W animal species occur. Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 23) Page 6-30, Policy 6.1.8.12.: The County shall require clustering micro -siting of structures or other protective mechanisms to preserve native vegetative communities or protected species habitats Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 24) Page 6-34, Policy 6.1.12.4.b. & c.: Those Environmentally Sensitive Areas identified as containing habitat worthy of preservation may require a clustering of allowable density to more suitable areas for development to avoid and minimize impacts to highly sensitive habitat. Qn& fee*qaAs o; own „ass g o�eMimed its -SUM areas- -- Environmentally Sensitive Areas containing highly sensitive native habitat worthy of preservation may require the habitat be protected through a conservation easement or other method acceptable to the Counter Onl ootpaths or entryways will be permitted in such areas Policies without standards or the requirement to adopt standards should not be adopted. It is impossible to understand the impact of this policy and to understand its application. Either the policy should refer to regulations to be adopted in order to implement the policy or it should be deleted. 25) Page 6-39, Objective 6.1.15.: St. Lucie County shall implement the Wetland Inventory and Evaluation Study desi ng ed to facilitate the development of policies and procedures to improve the protection of the existing wetlands in the County. The County cannot afford to implement this objective. Page 6 of 6 0011-- Evans P R O P F R T I F 5, I% C. I 660 Beachland Blvd., Suite 301, Vero Beach, F132963 October 25, 2010 Via E-Mail Mark Satterlee, Director Planning Division St. Lucie County %A✓ 2300 Virginia Avenue Fort Pierce, FL 34982 Re: EAR Based Amendments — Comments Dear Mark: Attached to this email is another document with my most current comments on St Lucie County's Evaluation and Appraisal Report amendments. These comments should be considered in addition to comments you have received from Johnathan Ferguson on Evans Properties behalf. Several of these comments you have previously received from me but since no changes were made they are still included in the final document. Please include the attached comments as part of the public comments submitted as part of the required public hearing. Regards, H.M. Ridgely III Comments on St Lucie County EAR -based Comprehensive Plan Amendments Submitted by: H.M. Ridgely III, Evans Properties, Inc Taken in their entirety the proposed changes to the St Lucie County Comprehensive Plan based on the Evaluation and Appraisal Report, the EAR, represent an overarching desire to make development and growth very difficult or near impossible to achieve. Policy after policy adds additional financial burdens and uncertainty to the possibility of getting a project approved in a way that makes economic sense. Subjectivity seems to be the overriding tone of most new amendments. I fully understand that any board of county commissioners might find great comfort in having things wide open to their interpretation, but that will be the death knell for economic growth in the county. Certainty is what's required not subjectivity. Comprehensive Plan Goals, Objectives and Policies "GOP's) are required to have supporting documentation in the form of data and analysis. Many of the new broadly subjective GOP's will defy any such supporting documentation due simply to latitude of interpretation that is available. Given the current economic times, it seems to me that the county should be encouraging economic growth in hopes of creating jobs for the nearly 15% of the county population that is unemployed. Potential employers will not seek to come to St Lucie County due to the perception that they are "not open for business." It is cheaper and easier to go somewhere else. Higher costs of doing business and uncertainty will guarantee that St Lucie county remains in its current economic torpor. A few specific comments are as follows. Future Land Use Element "FLUE" Policy 1.1.4.3 This policy states as a matter of fact that development outside the urban service area is a fiscal burden to the rest of the community. Unless this can be empirically proven then this policy should be stricken. Policies based on opinions or desires are not a responsible way to craft a comprehensive plan. Policy 1.1.4.6 Requiring a needs analysis before being able to amend the FLU map to increase densities assumes that all density is fungible and the consumer should take the next available unit before any more are created. This is not how vibrant communities are created. The consumer needs to have choices between housing products and location to entice them to move to the community. Policy 1.1.7.1 Clustered housing within a PUD just to achieve some sort of open space for the sake of open space is not a sound policy. Fragmented open space of no real environmental value only achieves the goal of making the landowner poorer by requiring him to provide a disproportionate share of some fictional level of service for open space. Does this policy apply to all future development or just mixed use as it seems to be the type that is discussed throughout this policy. Policy 1.2.1.6 This policy states that the county will explore and implement a mobility fee. What if the exploration determines that a mobility fee is not in the best interest of St Lucie County for any reason. The word implement needs to be stricken so as not to bind the county to something that may not be in their best interest. Policy 1.4.1.3 This policy states that St Lucie county must "define" a transfer of development rights program that is consistent with Western Lands Study. Please define the word define. Does this mean the county must adopt a TDR program? If so, this is another policy that binds the county to something that may or may not be in their best interest. A TDR program may be one of the outcomes of the Western Land study currently being conducted but it is not a foregone conclusion. TDR programs have a very, very low success rate around the country. Where they have shown success is where there is a rural area nearby to a major metropolitan area with tremendous wealth as well as a need for the units. St Lucie County has decades worth of units available inside the urban service area and therefore no demand for such units. Nor does St Lucie county sits proximate to a wealthy metropolitan area. Therefore St Lucie County ought not pin its hopes on such an idea. Additionally, what is a "green infrastructure analysis"? It is not defined and therefore needs to be removed. Infrastructure Element Policy 4A.1.1.1 This policy appears to state that approval of development in the unincorporated areas of the county is subject to the provision of central water service. Does this mean that wells are no longer an option in the unincorporated areas of the county. If so, this will be a taking. This is very poorly written and needs to be deleted or reworded to state the actual intent... whatever that is. The word "central" is the key word that needs changing. Policy 4A.1.2.6 If policy 4A.1.1.1 above remains unchanged then every new development must connect to either St Lucie county utilities, Fort Pierce Utility Authority or Port St Lucie utilities. Specifically naming the three existing utilities is anti -competitive and will limit options for projects in the future. Policy 4D.1.1.2 & 4D.1.2.5 These policies address the wastewater version of the two policies above ( 4A.1.1.1 & 4A.1.2.6) and the comments are the same as they apply to wastewater vs potable water supply. Conservation Element It seems to me that Chapter 6 is being rewritten to keep humans fro impacting the environment in any detrimental way. Period. Unfortunately we are here and growing in number and have deleterious effects on the environment no matter what. Zero tolerance policies are pointless and potentially very harmful. Additionally, the county should state that these policies do not apply to bona fide agriculture as protected by the Right to Farm Act. Policy 6.1.2.15 Define "untreated" stormwater discharge. How will any projects get built? This policy is so wide open that it can be used to stop any new development project. Policy 6.1.5.3 It can easily be argued that all human activity adversely affects quality and quantity of water sources. And recharge areas. It should be stricken on the grounds of being entirely subjective. Policy 6.1.6.6 This policy states " require new land development activities to be consistent with the soil conditions in the area" What does this mean? Clarity is needed in a comprehensive plan. This is not clear at all. Policy 6.1.8.2 f Policy needs to exclude bona -fide agricultural activities. Policy 6.1.8.9 The county is leaving the door open to "restriction or prohibition of activities" on particular parcels of land that the county deems to have high quality native upland habitat. This could have serious implications in its application if the county is not careful. Property owners have rights that may not be abridged. Policy 6.1.8.12 I'm not sure what exactly "micro -siting" is. It needs to be defined. Policy 6.1.12.13 This policy may be the most wide open in terms of potential abuse by future commissions. The policy states that "the county shall direct all incompatible future land uses away from these natural resources" This policy can be used to stop any future development at all. Strike this policy as it can only cause problems while adding nothing. Objective 6.1.15 What is the Wetland Inventory and Evaluation Study and how much will it cost? GIS, read "aerials" is not a tool that can be used for inventorying and regulating what's on the ground. MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org 101iuuuli itu 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 M11WHutuuu' r� u;rufisus» MINUTES Approve the minutes from the October 12, 2010 meeting. ll. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 55, 56, 3 and 4. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 12, 2010 Convened: 9:40 a.m. Adjourned: 9:41 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande utners vresent: Faye outlaw, County Administrator, LeeAnn Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk, Lucero Carrillo, Deputy Clerk MINUTES Approve the minutes from the September 28, 2010 meeting. It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held September 28, 2010, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 53, 54, 1 and 2. The Board approved Warrant List No. 53, 54,1 and 2. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 10/14/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #55- 09-OCT-2010 TO 13-OCT-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 23,911.13 146 Mosquito State I Fund 8,549.06 GRAND TOTAL: 32,460.19 PAGE 1 PAYROLL 15,750.41 0.00 15,750.41 10/15/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #3 - 14-OCT-2010 TO 15-OCT-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 15,624.76 GRAND TOTAL: 15,624.76 PAGE 1 PAYROLL 0.00 0.00 10/20/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR FUND TITLE 145 Mosquito Fund WARRANT LIST #56- 16-OCT-2010 TO 20-OCT-2010 FUND SUMMARY- MOSQUITO EXPENSES 1,076.32 PAYROLL 1 11 10/22/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #4 - 21-OCT-2010 TO 22-OCT-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 7,154.68 PAGE 1 PAYROLL 1 11 C�li1 CONTROL 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 MMMWMMMWHMH MINUTES Approve the minutes from the October 12, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 55, 56, 3 and 4. 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 CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 12, 2010 Convened: 9: 43 a.m. Adjourned: 9:44 a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Doug Coward, Chris Dzadovsky, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk, Lucero Carrillo, Deputy Clerk MINUTES Approve the minutes from the September 28, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Grande, to approve the minutes of the meeting held September 28, 2010, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 53, 54, 1 and 2. The Board approved Warrant List No. 53, 54,1 and 2. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 10/14/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #55- 09-OCT-2010 TO 13-OCT-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 710.59 3,103.00 10/15/10 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #3 - 14-OCT-2010 TO 15-OCT-2010 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund EXPENSES 6,278.65 PAGE 1 PAYROLL � 1�