Loading...
HomeMy WebLinkAboutAgenda Packet 11-23-2010..z.c.,.�. _. •.«s -.., ..�} r ., ;.�..' ..i•- rs.. .. £«xiF�.[ "._r ,F .1.. t..=.v � W� � ilgp ...;: •'• <. , t �.,. N�{7LLf���NU�tNp���L7H��4tl���0ULLN November 23, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND 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 R[jgr 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. November 23, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org Y _ Chris Craft, Chairman District No. 5 Chris Dzadovsky, Vice Chairman District No. 1 Tod Mowery District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 INVOCATION PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the November 9, 2010 meeting. Approve the minutes from the November 16, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for November 23, 2010. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 7 and 8. B. COUNTY ATTORNEY Assignment of Contracts from AECOM USA, Inc. to AECOM Technical Services, Inc. Consider staff recommendation to approve the assignment of C07-04-251, C07-05-255, C07-07-381, C05-04-190, and C05-04-177 from AECOM USA, Inc. to AECOM Technical Services, Inc. 2. Revocable License Agreement — Simone Simone — 282 NE Summer Road — River Park Consider staff recommendation to approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Ms. Simone to record the document in the Public Records of St. Lucie County, Florida. Treasure Coast FBO, L.L.C. — Sublease Agreement with Island Air Charters, Inc. Consider staff recommendation to approve consent to the proposed sublease agreements between Treasure Coast FBO, L.L.C., and Island Air Charters, Inc. B. COUNTY ATTORNEY CONTINUED 4. Treasure Coast FBO, L.L.C. - Sublease Agreement with Steve Sorrell Aviation, Inc. Consider staff recommendation to approve consent to the proposed sublease agreements between Treasure Coast FBO, L.L.C., and Steve Sorrell Aviation, Inc. 5. Florida Communities Trust — FCT Project 08-057-FF8 — Grant Contract and Confidentiality Agreement — Becker Preserve Consider staff recommendation to approve the Florida Communities Trust Grant Contract for the Becker Preserve project and authorize the Chairman to sign and transmit the Grant Contract and Confidentiality Agreement to Florida Communities Trust. Revocation of a License Agreement with River Park Homeowners Association, Inc. — Sign and Landscaping in the median of Rio Mar Drive Consider staff recommendation to approve the Revocation of a License Agreement with the River Park homeowners Association, Inc., authorize the Chairman to sign the Notice of Revocation and direct staff to record the document in the Public Records of St. Lucie County, Florida. St. Lucie County International Airport — Lease Agreement with Civil Air Patrol, Inc. Consider staff recommendation to approve the proposed lease agreement with Civil Air Patrol, Inc., and authorize the Chairman to sign the lease agreement. C. PLANNING & DEVELOPMENT SERVICES St. Lucie County International Airport: 1. Resolution No. 10-282; Security Enhancements Consider staff recommendation to approve Resolution No. 10-282 accepting the FDOT Joint Participation Agreement in the amount of $139,405 for the security enhancements project, and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Annual update to the Comprehensive Plan Capital Improvements Element (CIE) to FY 2010/11— FY 2014/15. Consider staff recommendation to approve authorization to advertise proposed Ordinance 10-040 updating the Capital Improvements Element for FY 2010/11 — FY 2014/15 at a public hearing before the Board of County Commissioners on December 14, 2009. D. ENVIRONMENTAL RESOURCES Florida Power & Light Company License Agreement renewal for Oxbow EcoCenter trail connection Consider staff recommendation to approve the License Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. E. PARKS & RECREATION SERVICES Capital Improvement Projects — Digital Domain Consider staff recommendation to approve the request from Sterling Facility Services, L.L.C. to complete the FY10/11 capital improvement projects in the amount of $102,267.77. Garden City Early Learning Academy AiPP Project Consider staff recommendation to approve to enter into an agreement with Ginny Piech- Street and Rebecca Street in the amount of $20,000 to construct and install the Garden City Early Learning Academy public art project as outlined in the agenda memorandum and authorization for the Chairman to sign the agreement as drafted by the County Attorney. PUBLIC SAFETY Amendment No. 5 to the Humane Society Agreement Consider staff recommendation to approve of Amendment No. 5 to the Humane Society Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. G. HUMAN RESOURCES Acceptance of the Florida Division of Forestry Annual Fire Control Report Consider staff recommendation to approve acceptance of the Florida Division of Forestry 2009-2010 Annual Report. 2. St. Lucie County Local Mitigation Strategy Plan Consider staff recommendation to approve Resolution No. 10-299 adopting the updated St. Lucie County Local Mitigation Strategy Plan. H. HOUSING & COMMUNITY SERVICES Transit Division: 1. Park and Ride Lot Designation Consider staff recommendation to approve Resolution No. 10-294 as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. Housing Division: 2. Deed Transfers Consider staff recommendation to approve the transfer of 5702 University Lane, 7406 Coquina Avenue and 8504 Paso Robles Boulevard to Fort Pierce Housing Authority, dba Fort Pierce Housing Development and authorization for the Chairman to sign documents as approved by the County Attorney. H. HOUSING & COMMUNITY SERVICES CONTINUED Transit Division: 3. Resolution No. 10-300 for HR 2736 Consider staff recommendation to approve Resolution 10-300 for HR 2746 and authorization for the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS There are no public hearings scheduled for November 23, 2010. Vill. ENVIRONMENTAL RESOURCES Wetland Waiver — Howard Creek Estates Consider staff recommendation to deny Resolution No. 10-265 granting a waiver from the provisions of Policy 8.1.14.5 of the St. Lucie County Comprehensive Plan. IX. ADMINISTRATION Planning & Zoning Commission/Local Planning Agency two at -large vacancies Consider staff recommendation that the Board vote and appoint two at -large members from the attached applications submitted to fill the Planning and Zoning Commission at -large vacancies. X. ADMINISTRATION Chamber of Commerce Board of Directors — Change of appointment made by the Chairman Consider staff recommendation to approve, by motion, the appointment made by the Chairman. IX. ANNOUNCEMENTS 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. 2. County offices will be closed on Thursday, November 25, 2010 and Friday, November 26, 2010 to observe Thanksgiving. 3. County offices will be closed on Thursday, December 23, 2009 and Friday, December 24, 2010 to observe Christmas. The Board of County Commissioners December Informal Monthly Meeting has been canceled. 5. 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.stlucieco.org Chris Dzadovsky, Chairman District No.1 Tod Mowery, Vice Chair District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 MINUTES Approve the minutes from the October 26, 2010 meeting. Approve the minutes from the November 16, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 5, 6, 7 and 8 B. MANAGEMENT & BUDGET/PURCHASING Amendment to the Telemetry Equipment Monitoring and Maintenance Services Consider staff recommendation to approve the first amendment to Contract no. C09-11-492 with Locher Environmental Technology, LLC. extending the term through November 26, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.orq IHii IfillHtiiiii Frannie Hutchinson, Chairman District No. 4 Tod Mowery, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 MINLITFS Approve the minutes from the October 26, 2010 meeting. Approve the minutes from the November 16, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 5, 6, 7 and 8. 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. ENVIRONMENTAL CONTROL BOARD www.co.st-lucie.fl.us www.stlucieco.orq Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chairman District No. 3 Chris Dzadovsky District No.1 Frannie Hutchinson District No. 4 Chris Craft, Chairman District No. 5 Wi MINUTES Approve the minutes from the November 16, 2010 meeting. GENERAL PUBLIC COMMENT NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 9, 2010 Convened: 6:00 p.m. Adjourned: 9:00 p.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Dzadovsky, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Lauri Waldon, Utilities Director, Beth Ryder, Community Services Director, Mark Satterlee, Planning and Development Services Director, Joseph E. Smith, Clerk of the Circuit Court, Mike Powley, County Engineer, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 19, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the meeting held October 19, 2010, and; upon roll call, motion carried unanimously. Approve the minutes from the October 26, 2010 meeting. It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meetings held on October 26, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-234 —"National Hunger and Homelessness Awareness Week" Consider staff recommendation to adopt Resolution No. 10-234 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 10-234, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Resolution No.10-295 - Kids at Hope Community Consider staff recommendation to adopt Resolution No. 10-295 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 10-295, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY Resolution No.10-298 — Proclaiming November 11, 2010 as "Veteran Day" in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve Resolution No. 10-298, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. Sean Mitchell, representing the Green Task Force Apprentice Program, addressed the Board and wished to thank the Board and especially Com. Coward for their support of the program. He asked the Board to approve item 6-B-8. Mr. Tom Ladermirak, Port St. Lucie resident and a student at the Green Collar Training Center, addressed the Board and expressed his appreciation for the program. Dr. Kenneth Bridges, Sundowners Aero Squadron, addressed the Board and expressed his appreciation for the Board's support and the relocation of their airfield. Mr. Bill Flint, Executive Director of Save the Chimps addressed the Board and thanked Com. Coward for his support in helping the sanctuary for the Chimps becoming a reality. He also expressed his appreciation to the balance of the Board members for their support as well. Mr. Craig Mundt, representing the UDT Seal Museum Board of Directors, addressed the Board and provided information on success of the muster they had last weekend. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 5 and 6. The Board approved Warrant List No. 5 and 6. COUNTY ATTORNEY Contract for Sale and Purchase — Midway Road Improvements — Four-Laning of Midway Road from South 25th Street East to Selvitz Road — Billie R. and Ellen M. Nease — Parcel ID 3403-502-0175-000/4 The Board approved the Contract for Sale and Purchase with Mr. & Mrs. Nease, authorized the Chairman to sign the Contract and Lease Agreement, directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. B. COUNTY ATTORNEY CONTINUED 2. Assignment of Revocable Limited License Agreement — Stuart Property Holdings, Ltd. to Floridian Golf Resort, LLC — Gilson Road — An animal crossing culvert and special fence. The Board approved the proposed Assignment of July 6, 1999, Revocable License Agreement to Floridian Golf Resort, LLC, authorized the Chairman to execute the Assignment and directed staff to record the Assignment in the Public Records of St. Lucie County, Florida. 3. State Revenue Sharing Improvement Revenue Bonds Series 2005 — Resolution No. 10- 290 Amending Exhibit G Project Description The Board adopted Resolution No. 10-290 and authorized the Chairman to sign the Resolution. Revocable License Agreement — Gerard and Beatrice H. Bums — 4300 Avenue Q The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Mr. Burns and Mrs. Bums to record the Agreement in the Public Records of St. Lucie County, Florida. 5. Resolution No. 10-292 - Renewable Energy Portfolio Standards fA 10/29/10 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #5 - 23-OCT-2010 TO 29-OCT-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 001113 General Fund CDBG Supp Disaster Recovery Subgran 177,198.69 479,236.99 001194 U.S. Dept of Housing & Community0. 46 909.50 4, 00 001510 CSBG FY 2009-2010 61 310.00 001512 Neighborhood Stabilization Program 113.91 37 744.04 001517 HUD Shelter Plus Care 0 6 1.34 ,450.00 001518 Section 112/MPO/FHWA/Planning 10,023.87 001519 CDBG FY 2008 Disaster Recovery �131.41 12.65 ,.0 001529 CSBG FY 2011 1 ,7177.8 101 Transportation Trust Fund 60.85 3,094.68 795.63 101001 Transportation Trust Interlocals 55 31,237.60 101002 101003 Transportation Trust/80% Constitut 01.48 48,073.63 6,846.19 101004 Transportation Trust/Local Option Transportation Trust/Count Fuel 15,466.81 17,908.89 102 Tx Unincorporated Services Fund 9,662.10 102001 Drainage Maintenance MSTU 6,627.16 66,109.39 105 Library Special Grants Fund 1,332.30 61,792.85 16,327.56 16,320.00 107 107001 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless 7,681.19 131,714.92 0.37 101,122.83 107002 Sur Fine & Forfeiture Fund-E911 Surchar 3,288.07 1,967.63 107003 Fine & Forfeiture Fund-800 Mhz 0 er 2,504.35 42,960.00 107006 107205 F&F Fund -Court Related Technology 16,407.95 �870 6.95 ill Juvenile Justice & Delinquency Prev River Park I 29 1,384.00 1,380.00 112 Fund River Park II Fund 2,611.66 0.00 113 Harmony Heights 3 Fund 234.14 0.00 114 Harmony Heights 4 Fund 514.36 572.76 0.00 116 Sunland Gardens Fund 0.00 117 Sunrise Park Fund 142.43 0.00 119 Holiday Pines Fund 873.71 879.99 0.00 120 122 The Grove Fund 179.99 0.00 0.00 123 Indian River Estates Fund 1,012.29 0.00 Queens Cove Lighting Dist#13 Fund 361.07 0.00 126 Southern Oak Estates Lighting 125.78 0.00 127 Pine Hollow Street Lighting MSTU 381.31 0.00 128 Kings Hwy Industrial Park Lighting 506.50 0.00 130 130100 SLC Public Transit MSTU FTA 5307 Capital and Operating assi 159.57 2,085.83 130102 FTA 5307-ARRA 2009 Capital Projects 117.93 6,387.21 1,541.60 136 Monte Carlo Lighting MSTU#4 Fund 1,776.63 �259.83 0.00 0.00 138 Palm Lake Gardens MSTU Fund 0.00 139 Palm Grove Fund 764.28 0.00 140 150 Airport Fund 1,861.65 11,486.56 160 Impact Fee Collections 116.53 1,523.20 Plan Maintenance RAD Fund 9,729.43 3,483.30 183 Ct Administrator-19th Judicial Cir 1,663.89 3,105.65 183001 Ct Administrator-Arbitration/Mediat 220.00 183004 Ct Admin.- Teen Court 786.84 0.00 5,404.72 11 11/05/10 FZABWARR FUND TITLE 001 001113 001176 001194 001509 001510 001511 001512 001518 001519 001529 101 101001 101002 101003 101004 102 102001 102812 107 107001 107002 107006 107205 130 130100 130102 140 140306 150 160 183 183001 183004 185010 189100 189101 189102 189201 190 250 262 295 310001 318 401 418 451 ST. LUCIE COUNTY - BOARD WARRANT LIST #6 - 30-OCT-2010 TO 05-NOV-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 U.S. Dept of Housing & Community US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery CSBG FY 2011 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA 5307-ARRA 2009 Capital Projects Airport Fund DOT -New N. Entrance Port Ft. Pierce Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP 2008/2009 Home Consortium Home Consortium FY 2008 Home Consortium 2009 FHFC Hurricane Housing Recovery Pla Sports Complex Fund Capital Projects I&S Tourism Dev 4th Cent I&S Fund River Branch I&S Fund Impact Fees -Library County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund EXPENSES 2,251,439.97 21,455.76 123.97 100.36 12,275.40 84.69 179.34 1,571.32 20,036.67 403.49 135.51 9,492.23 399.87 17,605.17 5,540.50 5,294.99 46,268.62 6,297.31 9,294.00 3,623,954.91 359.80 4,789.34 3,292.86 688.03 667.98 498.09 588.24 6,163.35 3,600.00 492.15 35,146.94 4,201.08 680.00 1,814.36 14,531.99 51,187.34 403.46 18,182.62 303.12 7,505.86 619,175.94 419, 601.47 10,587.09 659.40 5,610.00 17,236.33 8,245.98 1,254.40 PAGE PAYROLL 0.00 844.32 0.00 0.00 0.00 0.00 0.00 2,488.22 0.00 844.32 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 1,222.5.4 0.00 844.32 0.00 1, 688.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 The Board adopted Resolution No. 10-292 as drafted. 6. Approval of contract with New Horizons of the Treasure Coast The Board approved the contract with New Horizons. The contract will have a retroactive start date of October 1, 2010, incompliance with services rendered since the start of the 2010/2011 budget year. 7. Funding request for a Case Manager for Mental Health Court. Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community. The Board approved to deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Case Manager position that works in the Mental Health Court. This Contract term will be from 10/1/10 thru 9/30/11. 8. ADDITION- Logistics Center- First Amendment to the Facilities Use Agreement with the Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. The Board approved the First Amendment to the Facilities Use Agreement with the Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and authorized the Chairman to sign the First Amendment. C. PUBLIC WORKS Engineering Division 1. MCZ Mining Permit Application The Board approved scheduling a public hearing to be held December 7, 2010 at 6:00 p.m. or soon thereafter to consider the request of the MCZ/Centrum Citrus Farms' Mining Permit application. 2. Special Assessment Notice of Intent for 2011 The Board approved advertising 10 public hearings to consider use of the uniform method of collection special assessments to be held at the Board's regular day meeting on December 14, 2010, as outlined in the agenda memorandum. D. PLANNING & DEVELOPMENT SERVICES St. Lucie County International Airport: 1. LPA Work Authorization No. 31, 150 Acre Wetland Mitigation Area Maintenance Project The Board approved LPA Group Work Authorization No. 31 to provide consultant services for the Runway 10L/28R 150 Acre Wetland Mitigation Area Maintenance Project, for a lump sum amount of $76,084, and authorized the Chairman to sign documents as approved by the County Attorney. 2. Resolution No. 10-280, Terminal and Customs Facility Renovations (Phase 1) The Board approved Resolution No. 10-280 accepting the FDOT Joint Participation Agreement in the amount of $1,974,000 for the Terminal and Customs Facility Renovations (Phase 1), and authorized the Chairman to sign documents as approved by the County Attorney. 3. Resolution No. 10-281, Terminal and Customs Apron Rehabilitation The Board approved Resolution No. 10-281 accepting the FDOT Joint Participation Agreement in the amount of $808,000 for the Terminal and Customs Apron Rehabilitation project, and authorized the Chairman to sign documents as approved by the County Attorney. E. SHERIFF'S OFFICE 1. Authorization to accept 2010 State Criminal Assistance Program (SCAAP) Grant in the amount of $178,676.00 3 The Board approved resolution No. 10-289 and authorized the acceptance of the 2010 State Criminal Alien Assistance Grant in the amount of $178,676.00. 2. Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of $38,307.40 for budget year 2010. The Board approved the Sheriffs budget amendment and transfer of funds in the amount of $38,307.40. Budget Amendment for Miscellaneous Income for budget year 2010. The Board approved the Sheriffs request for a budget amendment to increase the budget for miscellaneous revenues by $50,000. F. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for September, 2010 The Board approved payment of Prison Health Services invoice number PHS0008357 for HIV medications for the period of September 01, 2010 through September 30, 2010, in the amount of $37,806.16. F. HUMAN RESOURCES CONTINUED Purchase of X-ray machine for Employee & Family Health Center The Board approved the transfer of $81,556 from the Central Services Employee & Family Health Center building fund to the Employee & Family Health Center equipment fund and approved Equipment Request # 11-014 and authorized the purchase of the Quantum Rad, Fuji XC-2, X-ray Machine in the amount of $81,556 G. HOUSING & COMMUNITY SERVICES Housing Division: 1. Contract Termination The Board approved terminating the balance of contract C10-05-207 with S & V American Contractors, Inc., executes a new contract with JJ's Design and Construction, as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. 2. HOME Investment Partnership Program The Board approved the acceptance of the FY 10 grant agreement with HUD for the HOME Investment Partnership Program, approval of Budget Resolution No. 10-293, as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Rezoning Request — William S. Bland Consider staff recommendation to adopt Resolution No. 10-104 approving the petition of William S. Bland for a change in zoning from CO (Commercial, Office) to CG (Commercial, General), as outlined in the agenda memorandum. The following residents addressed the Board in favor of the change in zoning. Mr. Bill King area resident addressed the Board in favor of the change in zoning. Mrs. Arlene Goodman, White City resident, addressed the Board in favor of the change in zoning. Mr. Dave Williams, long time friend of the applicant addressed the Board in favor of the change in zoning. 4 Ms. Denise Hill, area resident, addressed the Board in favor of the change in zoning. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 10-104, approving the request of Mr. William Bland for a change in zoning from CO to CG, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Ordinance No. 10-032 Library and Law Enforcement Impact Fees This is the first of two public hearings; no action is required at this time. Dr. James Nicholas, Ph.D. Impact Fee Consultant provided an update on the Library and Law Enforcement Impact Fees. On October 21, 2010, the Planning and Zoning Commission y a vote of 7 to 2 recommended approval of the Ordinance updating library and law enforcement impact fees for consideration by the Board. Dr. Nicholas addressed the per capita cost per home for library materials and buildings. He also reminded those present that the impact fees are imposed on new construction only. Dr. Nicholas reviewed the Law Enforcement Impact Fees and advised the Board the existing library and law enforcement impact fees are outdated and the methodology needs to be adopted. He stated the methodology remains on a consumption driven basis and is not changing. He also recommended not employing the annual CPI adjustment for parks, road, public buildings, and library and law enforcement impact fees. The Board requested receiving feedback from the Sheriffs office prior to the second public hearing No action required. C. COUNTY ATTORNEY Ordinance No.10-038 — Hours of Sale — Alcoholic Beverages Consider staff recommendation to adopt Ordinance No. 10-038 and authorize the Chairman to sign the Ordinance. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Ordinance No. 10-038, and; upon roll call, motion carried unanimously. D. UTILITIES Resolution No. 10-291, Rates, Fees and Charges Consider staff recommendation to approve adoption of Resolution No. 10-291 authorizing the adjustment of wastewater, and reclaimed water utility rates, fees and charges within the St. Lucie County South Hutchinson Island District Wastewater Utility as outlined in the agenda memorandum and attached exhibit. The Utilities Director addressed the Board on this item and stated the monthly base water charges will not be changing. The other charges will be adjusted based on the rate study by the water and sewer district and the customer count charge will increase by 10 cents per bill per month. Also a new convenience fee for credit card transactions will be $4.00. She also addressed the re -use fee for new construction. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-291, and; upon roll call, motion carried unanimously. E. PLANNING & DEVELOPMENT SERVICES Ordinance No.10-034 — Solar Energy Ordinance Consider staff recommendation to approve adoption of Ordinance No. 10-034 approving the Solar Energy Ordinance, as outlined in the agenda memorandum. 5 Staff addressed the Board and reviewed the Supplemental Standards Solar Generation Station Revisions and the changes in the Ordinance. Com. Coward requested a change into the language in paragraph two, he requested rather than stating "the adjacent property owner must sign consent". He would like the following language; "if no formal objection from the adjacent property owner". This would not hold up a good project. It was moved by Com. Coward, seconded by Com. Dzadodvsky to approve Ordinance No. 10-034 as amended, and; upon roll call, motion carved unanimously. Staff advised the Board they would be addressing items F and G together. PLANNING & DEVELOPMENT SERVICES Conditional Use Permit — PJ Development, LLC Telecommunications Tower Consider staff recommendation to approve adoption of Resolution No. 10-109 approving the request for a Conditional Use Permit as outlined in the agenda memorandum. Quasi -Judicial Com. Craft advised the Board and those present of his contact with the applicant prior to today's public hearing. Mr. Mac McCarty on behalf of the applicant addressed the Board and provided the history of prior submittal and addressed the re -application process. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carded unanimously. G. PLANNING & DEVELOPMENT SERVICES Paving Waiver and Fair Share Contribution Agreement — PJ Development, LLC Telecommunication Tower Consider staff recommendation to approve adoption of Resolution No. 10-266 approving the paving waiver and Fair Share Contribution Agreement as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Staff reviewed the adjacent landowner's comments and the objection to the location and requested it be moved. Staff advised the Board Mr. Ryan's property was initially the area where the tower was to be placed, however at that time they withdrew the application for that parcel due to the fair share contribution and they looked for a smaller parcel. Mr. Mac McCarty for the applicant gave the history of the prior application and the application before the Board today. Staff advised the Board the fair share contribution would be $25,732.25. It was moved by Com. Craft, seconded by Com. Dzadovsky to approve Resolution No. 10-266, and; upon roll call, motion carried unanimously. H. COUNTY ATTORNEY Resolution No. 10-297 — Industrial Development Revenue Bonds (Geoplasma St. Lucie LLC Project) Consider staff recommendation to approve Resolution No. 10-297 and authorize the Chairman to sign the Resolution. The County Attorney addressed the Board on this issue and stated the county is only the conduit for the Bonds and has no obligation for any repayment of such bonds. [. The Geo Plasma representative stated they are looking to start this project during the second quarter of next year and would be able to construct in the spring of 2013. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 10-297, and; upon roll call, motion carried unanimously. COUNTY ATTORNEY Resolution No. 10-296 — Recovery Zone Facility Bonds (Health -Chem Diagnostic Holdings, LLC Project) Consider staff recommendation to approve Resolution No. 10-296 and authorize the Chairman to sign the Resolution. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 10-296, and; upon roll call, motion carried unanimously. VIII. COUNTY ATTORNEY (ADDITION) St. Lucie County v. T&T Land Settlement Offer Based on the recommendation of the County's special counsel as set out in his November 8, 2010 letter, the County Attorney recommends that the Board accept the settlement where the parties would stipulate to a Final Judgment in the amount of $1,985,000, exclusive of fees and costs. Com. Lewis stated she would support the settlement due to the fact she felt this would be the best way for the county to go. Com. Dzadovsky stated he has never been in favor of the condemnation process however he believes they are giving the property owner back their investment and believes they must move forward. Com. Craft stated he was not in agreement as to how the process went down however; he would give his support making it a unanimous decision to approve. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve staff recommendation, and; upon roll call, motion carved unanimously. There being no further business to be brought before the Board, the meeting was adjourned Chairman Clerk of the Circuit Court 7 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA RE -ORGANIZATION MEETING Date: November 16, 2010 Convened: 9:00 a.m. Adjourned: 9:50 a.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Chris Craft, Paula A. Lewis, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Planning and Development Services Director, Marie Gouin, OMB Director, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Gertrude Walker, Supervisor of Elections, Joseph E. Smith, Clerk of the Circuit Court, Ken Pruitt, Property Appraiser, Millie Delgado -Feliciano, Deputy Clerk INVOCATION PLEDGE OF ALLEGIANCE 1. PROCLAMATIONS/PRESENTATIONS A. Mr. Joseph E. Smith, Clerk of Circuit Court presented the Board with the Clerk Excess Fees in the amount of $85,000. B. Commissioner Paula Lewis presented the outgoing Commissioners Backus paintings indicating the Board members and the general public's appreciation for their service. C. Mr. Joseph E. Smith, Clerk of the Circuit Court administered the Oath of Office to Tod Mowery elected District No. 2 Commissioner. D. Mr. Joseph E. Smith, Clerk of the Circuit Court administered the Oath of Office to Frannie Hutchinson elected District No. 4 Commissioner. 2. GENERAL PUBLIC COMMENT None 3. RE -ORGANIZATION A. ELECT THE CHAIRMAN OF THE BOARD Mr. Joseph E. Smith, Clerk of the Circuit Court presided and called for nominations for the Chairman of the Board of County Commissioners. It was moved by Com. Lewis, seconded by Com. Dzadovsky, to nominate Com. Craft, as Chairperson of the Board of County Commissioners, and; upon roll call, motion carried unanimously. B. ELECT THE VICE-CHAIRMAN The Chairman presided and called for nominations for the Vice -Chairman of the Board of County Commissioners. It was moved by Com. Lewis, seconded by Com. Hutchinson, to nominate Com. Dzadovsky, as Vice -Chairman of the Board of County Commissioners, and; upon roll call, motion carried unanimously. Regular Agenda November 16, 2010 3. REORGANIZATION CONTINUED D. The Chairman of the Board of County Commissioners Automatically Serves as a member on (or their designee): • St. Lucie County Chamber of Commerce Board of Directors- Com. Hutchinson • Public Safety Coordinating Council/Court System Advisory Council- Com. Craft • Roundtable of St. Lucie County, Inc. — Com. Dzadovsky • Tourist Development Council - Com. Dzadovsky • Treasure Coast Workforce Consortium — Com. Craft It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the Chairman's appointees to the above Boards, and; upon roll call, motion carried unanimously. E. The Chairman appointed the following Commissioners to serve on the following boards/committees for a one-year term. • 19th Judicial Circuit Conflict Committee — Com. Craft • Alcohol, Drug Abuse and Mental Health Committee — Com. Craft • *Blueway Advisory Committee — Com. Dzadovsky • Children's Services Council — Com. Lewis • Council on Aging — Com. Lewis • County Coalition for Responsible Management of Lake Okeechobee and St. Lucie- and Caloosahatchee Estuaries- Com. Hutchinson • Friends of the St. Lucie County Library- Com. Lewis • Healthy Kids — Com. Craft • Indian River Lagoon National Estuary Program Advisory Committee- Com. Dzadovsky • *Land Acquisition Selection Committee- Com. Craft • Law Library Board of Trustees- Com. Lewis • Transportation Planning Organization- All Board members, Com. Craft -alternate (4 members 1 alternate) • Property & Homeowners' Associations- Com. Lewis • Space Needs Committee- Com. Craft • St. Lucie County Fire Prevention and Control District- Com. Dzadovsky; Com. Hutchinson • *Sustainability Advisory Committee — Com. Mowery • Treasure Coast Community Action Agency Tripartite Board- Com. Lewis/appointee Barbara Felton • Treasure Coast Education Research Development Authority- Com. Hutchinson • Transportation Disadvantaged Local Coordinating Board — Com. Lewis 2 Regular Agenda November 16, 2010 3. REORGANIZATION CONTINUED • Treasure Coast Council of Local Governments — Com. Craft • Treasure Coast Regional Planning Council — Com. Craft, Com. Mowery [2 Commission members and 2 alternates] alt. Com. Hutchinson, Com. Lewis • Value Adjustment Board — Com. Craft, Com. Mowery [2 Commission members and 2 alternates] alt. Com. Dzadovsky, Com. Hutchinson • SFWMD Water Resources Advisory Commission's Lake Okeechobee Subcommittee- Com. Hutchinson • Workforce Development Board of the Treasure Coast- Com. Mowery *BOCC Advisory Board F. Recommendation to approve, by motion, the various appointments made by the Chairman. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the appointments as stated by the Chairman to the various boards/committees, and; upon roll call, motion carried unanimously. G. ADVISORY BOARD VACANCIES DISTRICT #1 Commissioner Chris Dzadovsky - Staff recommends ratification by motion the appointments made by Commissioner Dzadovsky. It was moved by Com. Mowery, seconded by Com. Lewis, to ratify Com. Dzadovsky's appointment, and; upon roll call, motion carried unanimously. 2. DISTRICT #2 Commissioner Tod Mowery - Staff recommends ratification by motion to retain the current District No. 2 appointments to the various boards and committees and reserve the right to review and make changes at a future date. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to ratify Com. Mowery's appointments, with the right to review and make changes at a future date, and; upon roll call, motion carried unanimously. 3. DISTRICT #3 Commissioner Paula A. Lewis — Staff recommends ratification by motion the appointments made by Commissioner Lewis. It was moved by Com. Hutchinson, seconded by Com. Dzadovsky, to ratify Com. Lewis' appointments, and; upon roll call, motion carried unanimously. 4. DISTRICT #4 Commissioner Frannie Hutchinson - Staff recommends ratification by motion to retain the current District No. 4 appointments to the various boards and committees and reserve the right to review and make changes at a future date. It was moved by Com. Mowery, seconded by Com. Lewis, to ratify Com. Hutchinson's appointment with the right to review and make changes at a future date, and; upon roll call, motion carried unanimously. S. DISTRICT #5 Commissioner Chris Craft — Staff recommends ratification by motion the appointments made by Commissioner Craft. 3 It was moved by Com. Hutchinson, seconded by Com. Dzadovsky, to ratify Com. Craft's appointments, and; upon roll call, motion carried unanimously. 6. AT -LARGE APPOINTMENTS A. Board at -large appointments — Staff recommends ratification by motion the Board at -large appointments as listed. It was moved by Com. Lewis, seconded by Com. Hutchinson. to approve the Board's At -Large appointments and; upon roll call, motion carried unanimously. B. Planning & Zoning Commission/Local Planning Agency two at -large vacancies Consider staff recommendation to vote and appoint two at -large members from the applications submitted to fill the Planning & Zoning Commission at -large vacancies. It was the consensus of the Board to table this item until the next Board meeting. 4. ADMINISTRATION Staff requested Board direction on the November 23, 2010 and December 28, 2010 Informal Monthly Meetings. The Chairman recommended maintaining the scheduled informal meeting for November 23rd in place and cancelling the December 28th informal meeting. The Board members concurred with Chairman Craft's recommendation. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 4 11/12/10 FZABWARR FUND TITLE 001 001009 001113 001176 001194 001435 001444 001509 001510 001512 001518 001519 001523 001529 001533 101 101001 101002 101003 101004 101006 102 102001 107 107001 107002 107003 107006 107205 109 130 140 140306 150 160 183 183004 183006 185010 185011 189100 189101 189102 189201 190 310001 310002 315 ST. LUCIE COUNTY - BOARD WARRANT LIST #7 - 06-NOV-2010 TO 12-NOV-2010 FUND SUMMARY General Fund Gen -One Time Funding CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 U.S. Dept of Housing & Community E911 Intrado-Enhanced Call Routing FCTD-Planning Grant FY10-11 US Dept of Housing CDBG 09 CSBG FY 2009-2010 Neighborhood Stabilization Program Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery Emer Mgmt Prep & Assis FY11 (EMPG) CSBG FY 2011 Energy Efficiency & Conservation Bl Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev Drug Abuse Fund SLC Public Transit MSTU Airport Fund DOT -New N. Entrance Port Ft. Pierce Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Home Consortium Home Consortium FY 2008 Home Consortium 2009 FHFC Hurricane Housing Recovery Pla Sports Complex Fund Impact Fees -Library Impact Fees -Parks County Building Fund EXPENSES 189,309.54 211,601.50 74,768.78 86,005.00 22.04 64,000.00 70.09 5,541.25 56.30- 2, 096.00 1,378.04 226.00 1,262.95 5,391.96 4,970.00 2,662.53 80.18 8,732.40 7,245.07 3,115.51 47,374.17 7,035.04 31,041.13 68,567.20 2,469.63 17,550.65 61.96 1,724.82 105.86 35.00 150.65 2,399.84 2,330.84 108.89 12,597.96 4,833.42 884.76 494.07 416.97 545.42 125.21 233.29 456.34 207.95- 23,119.21 5,576.10 119.59 1,002.89 PAGE PAYROLL 473,915.39 0.00 0.00 0.00 310.60 0.00 943.20 0.00 0.00 5, 901.82 10,767.66 1,717.80 0.00 795.63 0.00 30,109.97 1,237.60 49, 070.83 15,131.37 16,393.30 0.00 67,052.67 16, 678.71 98,460.19 1, 122.83 43,452.14 0.00 8,736.95 1,384.00 0.00 2,085.83 12,188.32 0.00 1,523.20 3,282.54 3,105.65 5,404.72 0.00 0.00 0.00 0.00 1,717.80 0.00 0.00 15,809.99 0.00 0.00 0.00 1 11/12/10 FZABWARR FUND TITLE 316 318 401 418 451 458 461 471 478 479 491 505 505001 611 620 630 650 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #7 - 06-NOV-2010 TO 12-NOV-2010 FUND SUMMARY County Capital County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Enforcement Trust Fund Tax Deed Overbid Agency Fund Agency Fund Bank Fund GRAND TOTAL: EXPENSES 2,151.63 3,450.00 458,209.21 9,232.94 39,295.85 48.35 18,620.77 73,128.93 97.05 110.05 1,519.96 183,513.56 424.07 2,270.62 38,307.40 2,224.11 4.00 182,302.12 1,914,486.12 PAGE 2 PAYROLL 0.00 0.00 50,721.60 16,970.54 3, 540.28 656.22 0.00 7,718.57 1,316.85 1,481.06 17,463.18 1, 186.40 4, 929.37 1, 901.01 0.00 0.00 0.00 0.00 996,185.79 11/19/10 FZABWARR FUND TITLE 001 001113 001194 001413 001509 001512 001517 001523 001529 101 101002 101003 101004 101006 102 102001 105 107 107002 107003 107162 107165 1'S 121 129 130102 140 140001 160 183001 183006 185010 189100 189102 190 215 216 217 310001 315 316 401 418 451 471 505 611 ST. LUCIE COUNTY - BOARD WARRANT LIST #8 - 13-NOV-2010 TO 19-NOV-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran U.S. Dept of Housing & Community FL Dept. Of Transp Park & Ride US Dept of Housing CDBG 09 Neighborhood Stabilization Program HUD Shelter Plus Care Emer Mgmt Prep & Assis FY11 (EMPG) CSBG FY 2011 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Edward Byrne Mem. JAG 2009 USDOH-ARRA-Edward Byrne JAG 09/10 Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund FHFA SHIP 2008/2009 Home Consortium Home Consortium 2009 Sports Complex Fund Sales Tax Revenue Bonds I&S Fund County Capital I&S State Revenue Sharing Bonds I&S Fnd Impact Fees -Library County Building Fund County Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund No County Utility District-Operatin Health Insurance Fund Tourist Development Trust-Adv Fund EXPENSES 293,896.43 13,720.01 4,848.10 24,188.63 20,520.20 38,196.50 10,977.90 55.46 1, 917.94 143.75 11,189.16 4,832.86 2,753.81 319,232.00 2,925.09 7.52 94.50 104,686.45 12,354.44 9,110.76 70,464.61 20,603.88 611.80 845.57 93.41 262,559.87 52,958.71 8,878.32 72.16 6,783.56 360.00 1,210.40 14,837.40 1,880.00 8,186.80 51,962.88 1,000.00 1,202.00 1,000.00 983.04 102,447.09 120,000.00 19,404.85 14,066.65 12,253.85 105,056.92 120,946.43 7, 608.06 PAGE 1''''03" 30,704.86 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,279.54 0.00 0.00 1,633.70 0.00 1 11/19/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #8 - 13-NOV-2010 TO 19-NOV-2010 FUND SUMMARY FiTND TITLE EXPENSES 615 Impact Fees Fund 5,733.12 801 Bank Fund 28,886.69 GRAND TOTAL: 1,918,549.58 PAGE 2 PAYROLL 0.00 0.00 33,618.10 ?- 1 4Z COUN Y F 1 0 ;R I D -A ITEM NO DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING LEG. QUASI -JD CONSENT VI-B-1 11/23/10 PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBMITTED BY: County Attorney SUBJECT: Assignment of Contracts From AECOM USA, Inc. to AECOM Technical Services, Inc. BACKGROUND: See CA10-1435 FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of the assignment of C07-04-251, C07-05-255, C07- 07-381, C05-04-190, and C05-04-177 from AECOM USA, Inc. to AECOM Technical Services, Inc. COMMISSION ACTION: (�) APPROVED ( ) DENIED `) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( xOMB Director ( ) Budget Analyst Daniel S. McIntyre ( ) ERD ( ) (Name) (Name) (Name) (Name) U6u'NT'. f F L 0 R I 4D A TO: Board of County Commissioners COUNTY ATTORNEY MEMORANDUM FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA10-1435 DATE: November 23, 2010 SUBJECT: Assignment of Contracts From AECOM USA, Inc. to AECOM Technical Services, Inc. ITEM NO. VI-B-1 Background: AECOM USA, Inc. has five active contracts with the County to provide professional engineering services: C07-04-251, C07-05-255, C07-07-381, C05-04-190, and C05-04-177. AECOM is consolidating various subsidiaries into one company, AECOM Technical Services, Inc. AECOM has requested that the Board allow all of its current contracts be assigned to AECOM Technical Services, Inc. Recommendation: Staff recommends approval of the assignment of C07-04-251, C07-05-255, C07-07-381, C05-04-190, and C05-04-177 from AECOM USA, Inc. to AECOM Technical Services, Inc. Respectfully submitted, Heather Sperrazza Lue Assistant County Attorney a ®COM AECOM 772-286-3883 tel A� 3550 S.W. Corporate Parkway 772-286-3925 fax Palm City, Florida 34990 www.aecom.com September 29tt', 2010 Mr. Ron Harris, PSM County Surveyor St. Lucie County Public Works Department Engineering Department 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Subject: Contract Assignment to AECOM Technical Services, Inc. Dear Mr. Harris: AECOM USA, Inc. is currently under contract with you to provide services on your project(s). As you may be aware, AECOM Technology Corporation is integrating its operations in order to provide improved coordination of AECOM expertise and resources across business lines and geographies. As part of this integration, AECOM Technology Corporation is consolidating various subsidiary companies under one of its wholly -owned subsidiaries, AECOM Technical Services, Inc. ("ATS"). ATS is a California corporation with Tax Identification Number (TIN) 95-2661922. ATS will be the company's primary contracting vehicle in North America. Accordingly, we respectfully request your consent to assign and transfer our existing contract(s) with your company to ATS. To effectuate the above, we have enclosed two (2) copies of an Assignment Agreement. Please have an authorized representative sign each copy. You may keep a copy for your records, but please return the other to my attention in the enclosed prepaid envelope. Upon execution, ATS will assume all obligations under the contract. Of course, all of the terms and conditions set forth in our contract will remain in effect and the insurance coverage will remain the same. Likewise, you will continue to receive the quality service to which you are accustomed, and the same personnel currently providing services under our contract will continue to do so. As we transition to an integrated structure, we remain committed to the success of our clients and their projects. We look forward to building our expanded capabilities to meet your current and future needs. I want to thank you in advance for your cooperation in this matter. Please call me if you have any questions or require any additional information. Sincerel , Clinton Hess Knobloch, PSM AECOM USA, Inc. ASSIGNMENT AND CONSENT AGREEMENT RECITALS WHEREAS, the Board of County Commisioners of St. Lucie County ("County") and AECOM USA, Inc. executed that certain agreement for Professional Services dated February 10t', 2009; ("Contract"); and WHEREAS, AECOM USA, Inc., a New York corporation, ("Assignor") wishes to assign the Contract to its parent company, AECOM Technical Services, Inc., a California corporation, ("Assignee"), Tax Identification Number 95-2661922; and WHEREAS, "County" consents to the assignment of the Contract. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ASSIGNMENT Assignor hereby assigns, transfers and conveys all of its rights, obligations, title, interest and liabilities in and to the Contract to Assignee. Assignee hereby accepts such assignment and assumes all of Assignor's rights, obligations, title, and liabilities in and to the Contract, whether such rights, obligations, title, interest or liabilities arose before or after the date of this Agreement. CONSENT TO ASSIGNMENT "County" hereby consents to the assignment of the Contract from Assignor to Assignee and agrees to look solely to Assignee for the continued performance of the Contract. Executed this day of , 2010. Page 1 of 2 ASSIGNOR ASSIGNEE AECOM USA, INC. AECOM TECHNICAL SERVICES, INC. 1 By: BY Name: /�GcO ►'►'� �i VCJ IeVyn Name: � �A,�/y�4lLT Z-z;y Title: V i GE PZ a-5 ipe,= QT Title: z2 f UU --V, Board of County Commisioners, St. Lucie County Name: Title: APPROVED AS TO FORM AND CORRECTNESS COUNTY R EY Page 2 of 2 Form W.9 Request for Taxpayer (Rev. October 2007) Identification Number and Certification Department of the Treasury Intemal Revenue Service rvame tas shown on your income tax return) AECOM Technical Services, Inc. .—w b name, n atnerent irom aDove Give form to the requester. Do not send to the IRS. Check appropriate box: ❑ Individual/Sole proprietor 0 Corporation ❑ Partnership ❑ Limited liability company. Enter the tax classification (D=disregarded entity, Cxorporatbn, P=partnership) ► ....... ❑ Exempt ❑ Other (see instructions) ► payee Address (number, street, and apt, or suite no.) 515 South Flower Street, 4th Floor City, state, and ZIP code Los Angeles, CA 90071-2201 Ust account number(s) here (optional) Identification Requester's name and address (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line t to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3, or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number to enter. 95 I 2661922 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am wafting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply, For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other th interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on gVe 4. Sign I U.S. eSignature IN-re or Here / 14 A - / Date 1 )�b General lnstructio�i Section references are to th ntemal enue Code otherwise noted. Purpose of Form V A person who is required to file information return with the IRS must obtain your correct to aye,' identification number (TIM to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) State of Florida Department of State I certify from the records of this office that AECOM TECHNICAL SERVICES, INC. is a corporation organized under the laws of California, authorized to transact business in the State of Florida, qualified on August 21, 1995. The document number of this corporation is F95000004014. I further certify that said corporation has paid all fees due this office through December 31, 2010, that its most recent annual report was filed on February 18, 2010, and its status is active. 71 I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Nineteenth day of February, 2010 r Secretary of State Authentication ID: 200169651942-021910-F95000004014 To authenticate this ceriificatevisit the following site, enter this ID, and then follow the instructions displayed. https://efile.sunbiz.org/certanthver.html Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 August 31, 2010 AECOM TECHNICAL SERVICES, INC. 4840 COX RD GLEN ALLEN, VA 23060-6292 SUBJECT: Professional Surveyor and Mapper Business Certificate # LB7860 Your application / renewal as a professional surveyor and mapper business as required by chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2011. You are required to keep your information with the Board current. Please visit our website at www.800helpfla.com/psm to create your online account. If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Division of Consumer Services, Board of Professional Surveyors and Mappers at 800-435-7352 or 850-488-2221. Detach Here --------------------------------------- ----------------------------------------------------- Florida Department of Agriculture and Consumer Services Division of Consumer Services License No.: LB7860 Board of Professional Surveyors and Mappers Expiration Date: February 28, 2011 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 OV. Professional Surveyor and Mapper Business License Under the provisions of chapter 472, Florida Statutes AECOM TECHNICAL SERVICES, ING 515 SOUTH FLOWER STREET 4TH FLOOR LOS ANGELES, CA 90071 FZMIFRF/'-�� CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE This is to oerdfy that the professional surveyor and snapper wbose name aid address are shown above is hoemed as required by OaMer 47Z Florida Swtnax. AGENDA REOUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Simone Simone 282 NE Summer Road River Park BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION: See Attached Memorandum N/A ITEM NO: VI-B-2 DATE: November 23, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[XI PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Ms. Simone to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER Approved 5.0 [x] County Attorney: Daniel McIntyre [x] Originating Dept: Sy"- JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Road and Bridge: [x] Public Works: Don Pauley Don West [x] Engineering: [ ] Purchasing: Mike Powley PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: November 23, 2010 SUBJECT: Revocable License Agreement Simone Simone 282 NE Summer Road River Park BACKGROUND: Ms. Simone requests permission to install a fence in the County's 10-foot Easement at the rear of their property and within the 6-foot Easement along the sides of their property in River Park. Staff has approved the Revocable License Agreement with the understanding if the encroachment causes any flooding, utilities need to be installed or for any reason, Ms. Simone must move the fence at her own expense. Ms. Simone has signed this Revocable License Agreement with this understanding. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Ms. Simone to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, ,�- I! �,, -Z� Ann Riley Property Acquisition Manager DISCLAIMER DISCLAIMER St. Lucie County makes no warranty. representation or guaranty as to the content, sequence, accuracy, timeliness, or completeness of any of the geodata information provided herein. The reader should not rely on the data provided herein for any reason. St. Lucie County explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fnness for a particular purpose, St. Lucie County still assume no liability for: 1. Any errors, omissions. or inaccuracies in the information provided regardless of how caused. or 2. Any decision made or action taken or not taken by any person in reliance upon any information or data furnished hereunder. Janet Licausi From: SFLCAM [SFLCAM@AOL.COM] Sent: Thursday, October 21, 2010 9:41 PM To: Janet Licausi Subject: Request for Revocable License Agreement Attachments: OUR FENCE PLANS001.pdf Good evening, I am requesting a Revocable License Agreement for a fence in the easements on my property. It will be a 6 foot panel -on -panel wood fence around the perimeter of my home (217 linear feet), with two gates (please see 2 attached plans). I appreciate your help with everything. Please let me know if you need further information. Sincerely, Simone Simone, LCAM (772) 204-1397 /(772) 878-4353fox LFG& DESCR11TION: LC7T 1 BLOCK 79 at Rly PARK kT 9 PART C 04-ding to -the plot thereof asl recur -dad in Plot Hook 15 pones 28. 28A through 28B of the R lic Records dt St. Lucie County. Floridej EytATt («Mot verified by field measurement =,olue as ptatt d k field meosured F.F.E.-Finished Poor Elevation SE = Set 5/8' iron rebor *ith e lo* cop mark PQ 5543' Value as meospred in field over Head *fires X X--X-= Chain Link Fence FDWgqund 5 8' Iran Rebor R.O.Tf. Fight o *oy - 0-10*;ad Fgence PL Value as plotted R Radius of curve L Length of curve Del to of Cugqve Site Bencianbrk = Ueasured S. .=Square Foot! C CoQ�rete E doter Meter polrer Pole ® Berl South 1400 *11 in O q co CIO c r*, 0 LEI St KYORS NOTES: 1. Unless otherwise noted only platted easements are shown hereon. 2. No underground utilities or'.improvements *ere located unless',iother*ise sho*n. 3. This site lies *ithin Flood insurance Rate wap Zone X. 4. Flood lone shoiyn hereon is an interpretation by the surveyor, and is provided as a courtesy. The flood zone should be verified by a determination agency. 5. Bearings shoyrnlhereon are based on the Center line of SUkWRjROAD as being N00'18'30'W according to the Plat described hereon. 8. P.U.D.E. denotes Public Utilities and Drainage Easement. 7. All Lot dimensions sho*n are per plot unless otherwise sholn. LOT 1 BLOCK 79 N 8941'V E — -COW taro' 3M 1 STORY CwC. BLom 8 N lac PERT 2L8a' $ I a N89`41'30"E . 110100' f LOT 3 BLOCK 79 1282 NE SLIWER ROAD 1 I not i c Land Designs 5 2D Q9 I of the Treasure Coast / / It Tema & a 81vd. dmsea Bomb. Ft 31%T l' dC �ldiling Address: kO. Box 1421 Jensen Beach. FL 3495 9-0320 tnsl 3984290 ALD554309wil_can E: I REVISIONS MOT Ea LAST FIELD DATE:5/20/ BOUNDARY SURVE r ti f i ed to: Simone Simone k of America, N.A. Isea Title Company, a division of Chicago Title moo Title Comoanv 1 hereby certifythat the survey SbOO hereon is true and .correct and is based es oet"i soese -ts takes in the lield. This ='"s' sects the UWinae Technicei Standards of Chapter 61C17 Florida oiein'rstrative to". � srantoF w!) AarnesA. Cewo NOT VALID VWTHCW AN AUTHENTICATED AND ALITHENTICATM ELECTRONIC SEAL TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-1-3 Date: November 23, 2010 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUB CT: Treasure Coast FBO, L.L.C. - Sublease Agreement with Island Air Charters, Inc. BACKGROUND: See C.A. No. 10-1467 FUNDS AVAIL.: (State type h No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the proposed sublease agreements between Treasure Coast FBO, L.L.C., and Island Air Charters, Inc., COMMISSION ACTION: �] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. b Budget: Daniel cIntyre Originating Dept.: Other Mark Satterlee 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: 10-1467 DATE: November 1, 2010 SUBJECT: Treasure Coast FBO, L.L.C. - Sublease Agreement with Island Air Charters, Inc. BACKGROUND: Attached to this memorandum is a copy of a proposed sublease agreement between Treasure Coast FBO, L.L.C., and Island Air Charters, Inc., for hangar space to store a 3 BN-2 Islanders aircraft. All use of the property is subject to the terms and conditions of the master lease between the County and Treasure CoastFBO, L.L.C. The lease term is for one year each beginning retroactively on July 1, 2010. Staff has reviewed the proposed subleases, and they appear acceptable as to legal form and correctness. RECOMMENDATION/CONCLVSION : Staff recommends that the Board of County Commissioners consent to the proposed sublease agreement between Treasure Coast FBO, L.L.C., and Island Air Charters, Inc. Respectfully submitted, Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Planning and Development Services Director Airport Manager SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT (this 'Su ') is made as of the 17 day of June, 2010, by and between TREASURE COAST FBO, LLC, a Delaware limitred and liability LAND AcompaOR having offices at 3131 Jet Center Terrace, Fort Pierce, FL 34936 ('Su niroked partnership], CHARTERS, INC., a FLORIDA [corporationAimited liability company having offices at 1050 LEE WAGNER BLVD, SUITE 102 FT. LAUDERDALE, FL 33315 ('Sublessee'). WITNESSETH: WHEREAS, Sublessor (by assignment from Air Charter of Florida, Inc., a Florida corporation) is tenant, and St Lucie County, a political subdivision of the State of Florida ('Prime Landlord'), is landlord under that certain Second Amended and Restated Lease Agreement, dated as of May 16, 2008, a memorandum of which Was recorded on May 21, 2008 in Book 2976 at Pages 119-125 of the Records of Saint Lucie County, a copy of which is attached hereto as Exhibit'A" (as the same may be further amended, restated, extended or otherwise modified, the "Prime Lease"), pursuant to which Prime Landlord leased to Sublessor certain premises (as the same may be amended, the Prime Lease Premises') at the St. Lucie County International Airport (the "-gr")*, WHEREAS, Sublessee desires to sublet a part of the Prime Lease Premises, and subject to the consent of Prime Landlord (to the extent required by the Prime Lease), Sublessor is willing to sublet a part of the Prime Lease Premises to Sublessee upon the terms and conditions hereinafter set forth; NOW, THEREFORE, for good and valuable consideration, including the mutual covenants and obligations set forth herein, Sublessor and Sublessee covenant and agree as follows: 1. Grant of Sublease Premises. Subject to the terms, covenants, conditions and provisions of the Prime Lease and of this Sublease, Sublessor hereby subleases to Sublessee, and Sublessee hereby hires and takes from Sublessor certain hangar (referred to as the "Hangar or the "Prem') for a ise 3 BN-2 Islanders aircraft, Registration Number N779KS,N138LW, Reg istration gistration Number N257SH (the 'Aircraft") in Hangar Building 3139 N209RG, 1 Navajo aircraft (the "Hangar Building') the Airport, together with the nonexclusive right of ingress and egress Lease for pedestrian and vehicular traffic upon, over and across those areas located on the Prim nts and Premises designated by Sublessor from time to time, for the common use of occupy invitees, including but not limited to the aircraft ramp area leading to and from the Hangar Building, in order to utilize and gain access to the Premises, subject to rules and regulations which Sublessor may impose from time to time and further subject to the Prime Lease and Prime Landlord's rights thereunder. Notwithstanding the foregoing, Sublessor reserves the right from time to time to relocate, modify, change and temporarily close the common areas and facilities located on the Prime Lease Premises, as Sublessor or Prime Landlord may deem necessary or desirable in the operation of the Prime Lease Premises, provided that access to the Hangar Building is still available to Sublessee. 2. Term. The term (the "Term') of this Sublease shall be for a period of (1) year and shall commence on the Commencement Date, as hereinafter defined, and shall expire on June 30, 2011 (the 'Exairation Date"), unless sooner terminated as hereinafter provided. The "Commencement Date' shall be July 1, 2010. The term "Lease Year' shall mean a period of twelve (12) full, consecutive calendar months, ending on the last day of the month in which an anniversary of the Commencement Date shall occur. If Sublessee, r to � Corn In ssor'se consent, Date, takes possession of the Premises for purposes of soon and/or occupancy shall be deemed to be Sublessee covenants and agrees that such posses under all the terms, covenants, conditions and provisions of this Sublease. 3. Rent. (a) Sublessee shall pay to Sublessor (i) base rent (the 'Base Rent') for the Premises in accordance with the provisions of Exhibit'C' attached hereto and made a part hereof, in equal monthly installments in advance, on the first day of each month during the ny nd all without any deductions, setoffs or counterclaims for b Sublesseereason s whatsoever,(i) under this payments other than Base Rent due from and pays bleSublease (collectively, the 'Addiitional Rent'; the Additional Rent and the Base Rent, collectively, the 'Rent") and (iii) Florida sales tax on the amount of th blReennt. Sublessee upon The first month executionBase eby sales tax and the Security Deposit shall be due and pays Y Sublessee of this Sublease. In the event this Sublease should commenceprbe orated d due and other than the first or last day of a month, Rent, as applicable, payable for only those days of a month failing within the Term. (b) Sublessee shall be solely responsible for payment of all taxes and assessments which are assessed against any furniture and/or furnishings, tenant improvements, or any fixtures, equipment, machinery, goods or supplies not demised pursuant to this Sublease which Sublessee may bring or obtain upon the Premises (collectively, the •a„hlessee's ProDert) prior to delinquency. (c) If any installment or payment of Rent, due from Sublessee is not received by Sublessor within ten (10) days of its due date, Sublessee shall pay to Sublessor a late charge of $.05 for each $1.00 which remains unpaid after such period. The parties agree that such late charge represents a fair and reasonable f the costs t S allnot or will ltute incur bwa� on °f of late payment by Sublessee. Acceptanceof any ate charge Sublessee's default with respect to the overdue amount or prevent Sublessor from exercising any of the other rights and remedies available to Sublessor. In addition, in the event that Sublessee shall fail to pay any Rent o its due date, the unpaid amount shall earn interest fromh but n tno o through the date paid at the annual rate ('Interest Rate') equal to twelve (12°k) percent, event shall such Interest Rate exceed the maximum rate permitted by law. 4. Aviation Fuel Charges. Sublessee shall pay Sublessor for any aviation fuel purchased and rose services rendo dS d lessee agrees that alby Sublessor at the 1paviationrt as nfuelrthat en uithsha I or services a purchased ely purchased from Sublessor, so purchase at the Airport for Sublessee's Aircraft shall be exclusiv s [Avgas 100LL or °jet -A'] aviation fuel; and so long as the price to be log as Sublessor sells not materiall charged to Sublessee is in excess of the then current fair market retail cost being charged for such b e b vgas 10OLL or Jetessee to Sublessor Pursuant t this tion fuel in the asArticte 4 are cedectively tern Florida region. I ��dn o due and pays Y herein as 'Aviation Fuel Charges." 5. D live of Premises No Rearesentaticr by Sublessor. Sublessee accepts possession of the Premises 'As Is' as of the Commencement Date and acknowledges that neither Sublessor nor Sublessor's agents have made any representations or promises any with respect to the physical condition of the Hangar Building, the and upon which it srt�� ,or and other matter or thing affecting or related to the Premises, except implication or otherwise except as no rights, easements or licenses are acquired by Sublessee by expressly set forth herein. Sublessee shall use the Hangar Space for the sole purpose of g, Use. (a) which �s directly owned, leased, managed, operated by, and is otherwise in housing the Aircraft of, Sublessee. Sublessee shall not store any other aircraft in the the care, custody and is Hangar Building without the prior written consent of Sublessor. (b) Sublessee shall not use or occupy, or permit the use or occupancy of the Premises or any part thereof, for any purpose other than that specifically set forth above, or in any manner which shall (i) adversely affect or interfere with the use and enjoyment by Sublessor or any other occupant of the Prime Lease Premises or the adjoining parcels owned by Prime Landlord, (ii) interfere with any services required to be furnished by Sublessor to Sublessee or to any other tenant or occupant of the Prime Lease Premises or with the proper and economical rendition of any such service, (iii) be in violation of any legal 'Requirements' (as defined in Article 12 hereof), or (iv) be in violation of the Prime Lease. 7. Default. The occurrence of any of the following shall constitute a default by Sublessee: (a) Failure to pay Rent (including Additional Rent and any other sums payable hereunder by Sublessee) when due, if such failure continues for ten (10) days after written notice thereof has been given to Sublessee by Sublessor, provided, however, that any such notice shall be in lieu of, and not in addition to, any notice that may be required now or hereafter, if any, under Florida law. (b) Failure to perform any of the covenants or provisions of this Sublease to be observed or performed by Sublessee other than as specified in Section 7(a) hereof, where such failure to perform is not cured within thirty (30) days after written notice thereof has been given to Sublessee by Sublessor. If such default cannot reasonably be cured within thirty (30) days using good faith efforts, Sublessee shall be entitled to an additional cure period if necessary (not to exceed sixty (60) days from Sublessor's notice of default), provided that the subject default is not one which cannot thereafter be performed (such as obtaining Subl rs or Prime rnmenced to curels Landlord's prior written consent), and provided further that Sublessee has promptly default within the initial thirty (30) day period and thereafter diligently and in good faith continues to cure such default. (c) (i) The filing of a petition for reorganization or arrangement under any law relating to bankruptcy; (ii) the appointment of a trustee or receiver to take possession of substantially all of Sublessee's assets located at the Premises or of Sublessee's interest in this Sublease; (iii) the attachment, execution or other judicial seizure of substantially all of Sublessee's assets located at the Premises or of Sublessee's interest in this Sublease; (iv) a general assignment for the benefit of creditors; or (v) the convening of a meeting of Sublessee's creditors or any Gass thereof for the purpose of effecting a moratorium upon or composition of Sublessee's debts, or any class thereof. (d) Abandonment of the Premises, for thirty (30) consecutive days after written notice thereof has been given to Sublessee by Sublessor. (e) Sublessee indirectly or directly (i) solicits or encourages any person who is employed by Sublessor to leave the employment of Sublessor, or (ii) hires any such person who was employed by Sublessor during the Term and for a period of one year after termination of the Term. This provision shall survive the expiration or early termination of this Sublease. B. Sublessors Remedies. Sublessor shall have the following remedies if a default by Sublessee as described in Article 7 hereof has occurred, which remedies are not exclusive but are cumulative and in addition to any remedies now or later allowed by law or in equity: (a) Without any further notice or demand, declare the Term ended, reenter the Premises or any part thereof, with due process of law, expel or remove therefrom Sublessee and all parties occupying the Premises or any part thereof, and repossess and enjoy the same without prejudice to any remedies that Sublessor might have by reason of Sublessee's breach hereof. In such event, Sublessor shall be entitled to recover from Sublessee all amounts which Sublessor is entitled to recover, pursuant to law and equity, including (i) the worth at the time of the award of any unpaid Rent which accrued prior to the date of termination of this Sublease,, plus (ii) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after termination of this Sublease until the time of the award exceeds the amount of such rental loss that Sublessee proves could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid Rent for the balance of the Term after the time of the award exceeds the amount of such rental loss that Sublessee proves could be reasonably avoided; plus (iv) any other amount necessary to compensate Sublessor for all the detriment proximately caused by Sublessee's failure to perform its obligations under this Sublease or which would, in the ordinary course of things, be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises, expenses for re -letting, including necessary repair, renovation and alteration of the Premises, reasonable attomeys' fees, court costs and other legal costs, and the unamortized portion of: (x) any broker's commissions paid by Sublessor in connection with this Sublease, and (y) all costs incurred by Sublessor to improve the Premises (such amortization to be based on the assumption that such costs and expenses are amortized on a straight line basis over the Term, as same may be extended); and (iv) any other damages to which Sublessor shall be entitled under law or in equity. As used in subsection 8(a)(i) hereof, the phrase 'worth at the time of the award' shall be computed by adding interest on all such sums from the date when originally due at the lesser of eighteen percent (18%) per annum or the maximum interest rate permissible by law. As used in subsection 8(a)(ii) hereof, the phrase "worth at the time of the award' shall be computed by discounting such amount by one (1) percentage point above the discount rate of Citibank, N.A. at the time of the award. (b) Without any further notice or demand, reenter the Premises at its option without declaring the Term ended and re -let the Premises or any part thereof either in the name of Sublessor or otherwise, on such terms and conditions and for such rent as Sublessor, in its discretion, may deem proper (it being agreed that, notwithstanding the foregoing, Sublessor shall have no obligation to re -let the Premises or to seek to mitigate damages whatsoever). Whether or not the Premises are re -let, Sublessee shall pay to Sublessor all amounts required by Sublessee hereunder up to the date that Sublessor terminates Sublessee's right to possession of the Premises. Such payments by Sublessee shall be due at the times provided in this Sublease, and Sublessor need not wait until the termination of this Sublease to recover them by local action or in any other manner. If Sublessor re -lets the Premises or any portion thereof, such re -letting shall not relieve Sublessee of any obligation hereunder, except that Sublessor shall apply the rent or other proceeds actually collected for such re -letting against amounts due from Sublessee hereunder, after first applying such collections to the expense of such reletting (including expenses of alteration as special inducements to any one or more replacement sublessees) and for any other damage or expense so sustained by Sublessor, or altematively, Sublessor may recover from Sublessee the difference between the proceeds of such reletting and the amount of rentals reserved hereunder, and any such damage or reasonable attorney's or realtoes fee or other expenses from time to time which said sum Sublessee agrees to pay Sublessor upon demand. Sublessor may execute any lease made pursuant thereto in its own name, and the lessee thereunder shalt be under no obligation to see to the application by Sublessor of any proceeds to Sublessor against amounts due from Sublessee, nor shall Sublessee have any right to collect any such proceeds. Sublessor shall not, by any re-entry or other act, be deemed to have accepted any surrender by Sublessee of the Premises or Sublessee's interest therein, or be deemed to have terminated this Sublease, or to have relieved Sublessee of any obligation hereunder, unless Sublessor shall have given Sublessee express written notice of Sublessoe's election to do so as set forth herein. (c) If Sublessee shall default in the observance or performance of any term or covenant on Sublessee's part to be observed or performed under or by virtue of any of the terms or provisions in any Article and/or Section of this Sublease, then, unless otherwise expressly provided elsewhere in this Sublease, Sublessor may immediately or at any time thereafter and without any obligation to deliver any notice other than as provided in Article 7 hereof, perform the obligation of Sublessee hereunder, and if Sublessor, in connection therewith or in connection with any default by Sublessee in the covenant to pay rent hereunder, makes any expenditures or incurs any obligations for the payment of money, including but not limited to attorneys' fees, in instituting, prosecuting or defending any actions or proceeding, such sums so paid or obligations incurred with interest and costs shall be deemed to be Additional Rent hereunder and shall be paid by Sublessee to Sublessor within five (5) days of rendition of any bill or statement to 4 Sublessee therefor, and if the Term shall have expired at the time of making of such expenditures or incurring of such obligations, such sums shah be recoverable by Sublessor as damages- or Take any action which Prime Landlord is permitted to take under the Prime Lease. Sublessor shall be under no obligation to observe or perform any covenant of this (e) rformed which accrues after the date of any default by Sublease on its part to be observed or pe Sublessee hereunder. menced by Sublessor against Sublessee by (f) In any action for unlawful detainer com reason of any default hereunder, the reasonable rental value of the Premises for the period of the unlawful detainer shall be deemed to be the amount of Rent re b � competeM evideSubnce. period, such period, unless Sublessor or Sublessee shall prove to the contrary y (g) The rights and remedies reserved to Sb r hereinFlorida inclustatuding those law n effect at thnot e described, shall be cumulative, and except as provided time, Sublessor may pursue any or all of such rights and remedies, at the same time or otherwise. rJtilities and Services• (a) Sublessor shall arrange with the public utility for 9. removal or other utility or service to be supplied tothe gas, water, sewer, electricity,eah t, garbage 'Util' ' Hangar Building (collectively, s') as Sublessor deems appropriate and necessary - Sublessee expressly agrees that Sublessor shall not be liable in any way to Sublessee for any aracter of arty Utilities furnished to the Hangar Building or for failure or defect in the supply Or ch any loss, damage or expense which Sublessee may sustain °er available Sublessees use. character of the Utilities either fails or changes or is no long Sublessor shall not be responsible for any public or private telephone service or conduit therefor in the Premises. time he (b) Sublessee's u�ers riserrsiand equipment nhorllnot othearwise senring th� mises�city of any of the conductors, 10, Maintenance and Rqgalrs. (a) Sublessor, at its sole cost and expense, and the Prime Lease, only to the extent followingobligations bth interiorrand exterior), foundation sibility and roof n working shall keep and repairs and replacements thereto, reasonable wear order and condition and make all necessary and tear excepted. (b) Sublessee, at its sae cost and expense, shall make all repairs and structural maintenance to the Premises and its systems, improvements, equipment and property ( willful misconduct or non-structural, interior o exterior) which are necessitated by the negligence, breach of this Sublease by Sublessee and/or its agents, employees, contractors, invitees, or licensors. Notwithstanding anything in the contrary herein, Sublessor shall have the optionth to make all such repairs necessitated by the negligence, wadors misconduinvilteesct o licensors, and in r breach of is Sublease by Sublessee and/or its agents, employees, such case, Sublessee shall pay to Sublessor on demand, as Additional Rent, all charges incurred by Sublessor in connection with all maintenance, repairs and/or replacements made by Sublessor pursuant to this Section 10(b). 11. Indemn&— insurance. (a) With the exception of any claims arising nut/°ence,l S blessee rS, or shall indemnify agents' or contractors' fraud, willful misconduct or gross eg i9 and hold harmless Prime Landlord agents,aaseSublessor, a Itts ceeornt and surespective co moors officers, from members, Principals, employ any and all claims, suits, costs and expenses, damages, losses, liabilities and obligations, including attomey's fees and expenses, arising out of (i) any default or failure to perform by Sublessee under this Sublease, (1) any act of Sublessee, and/or its officers, directors, members, principals, employees, agents, servants, contractors, subcontractors, vendors, passengers and/or invitees ('collectively, 'Sublessee's Parties') (whether of omission or commission) which would result in a default under or breach of any term, covenant, provision or condition of the Prime Lease, or (iii) the possession, occupation or use of the Premises or the Prime Lease Premises by Sublessee and/or Sublessee's Parties. Sublessor shall have the right to enforce against Sublessee all of the duties and obligations set forth in the Prime Lease to the extent Sublessee has assumed same hereunder. (b) Sublessor and its agents, servants or employees shall not be liable for any injury to persons or for any loss of or damage to any of Sublessee's Property or any property of others, resulting from any cause of whatsoever nature, including by theft or otherwise. Sublessor and its agents will not be liable for any such loss, damage or injury, caused by other tenants or persons in, upon or about the Hangar Building or the Prime Lease Premises or caused by operations in construction of any private, public or quasi public work. (c) Sublessee shall maintain in full force and effect during the Term, at Sublessee's expense, commercial general liability insurance, including aviation premises liability, products/completed operations coverage and broad form contractual liability coverage, insured by a carrier or carriers licensed to do business in the State of Florida, in the minimum amounts of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury or death and property damages. Sublessee shall maintain such insurance in full force and effect during the Term, naming Prime Landlord, Sublessor and Lender (as hereinafter defined in Section 26(a) of this Sublease) or any superior party of which Sublessor has advised Sublessee in writing, as additional insureds. Sublessee shall maintain such insurance which provides for a waiver of subrogation (waiver of right of recovery) in favor of Prime Landlord and Sublessor. Sublessee further agrees to comply with any revisions to the insurance provisions set forth above, which revisions shall be provided to Sublessee in writing by Sublessor within thirty (30) days prior to taking effect, provided the same are required of Sublessor either by Prime Landlord, the federal aviation authorities, or any other regulatory agency with jurisdiction to require the same of Sublessor's underwriters. (d) During the Term, Sublessee shall arrange for and maintain insurance for physical damage (hull coverage) in an amount of no less than the fair market value of the Aircraft. Prime Landlord and Sublessor shall in no manner be held liable for (x) any direct, consequential and/or subsequential losses hereunder, including without limitation, resulting from any loss of or damage to the Aircraft or any aircraft in Sublessee's care, custody and control or the loss of use thereof, or (y) uninsured damage to such aircraft and/or perceived damage, whether determined by any insurance carrier and/or a third party. Sublessee shall direct its insurer to waive any rights of subrogation (rights of recovery) against Prime Landlord and Sublessor. (e) Sublessee shall maintain in full force and effect during the Term, at Sublessee's expense, worker's compensation coverage that provides applicable statutory benefits and Employer Liability Coverage in an amount of not less than One Million Dollars ($1,000,000.00) covering all employees of Sublessee. All such insurance policies shall be issued by a carrier or carriers licensed to do business in the State of Florida. (f) On Sublessee's default, in obtaining or delivering any policy or policies required hereunder or failure to pay the charges therefor, Sublessor may secure or pay the charges for any such policy or policies and charge Sublessee as Additional Rent therefor. (g) Sublessee, on behalf of itself and on behalf of anyone claiming under or through it by way of subrogation or otherwise, waives all rights and causes of action against Sublessor and Prime Landlord, and their respective officers, employees, agents and invitees, and shall cause, at 6 Sublessee's cost, Sublessee's insurer to waive such rights and causes of action, for any liability arising out of any loss or damage in or to the Premises, its contents and other property owned or controlled by Sublessor caused by (x) any peril normally covered under all-risk policies issued for insured operations in the State of Florida (whether or not such party actually carries such insurance policies), or (y) if the scope of coverage is broader than in Section 11(g)(x) hereof, any peril actually covered under the insurance maintained by Sublessee. However, if Sublessee's insurance carver prohibits waiver of subrogation regardless of premium, then Sublessor and Prime Landlord shall be added to Sublessee's policy(ies) as named insureds (i.e., policy holders). (h) Sublessee shall deliver to Sublessor promptly upon the execution hereof a certificate or certificates of insurance evidencing the insurance coverage required to be obtained under this Sublease by Sublessee (including the insurance coverage required pursuant to this Article 11 and Section 15(i) hereof), and requiring the insurer to give to Prime Landlord and Sublessor not less than thirty (30) days' prior written notice of any adverse modification or cancellation of such coverage. W Sublessee shall maintain in full force and effect during the Term, at Sublessee's expense: (x) all-risk insurance (including, but not limited to, fire and extended coverage) covering Sublessee's Property, for the full replacement value thereof in each case. Such policies shall contain a waiver of subrogation provision in favor of Sublessor. Sublessee shall be responsible for any deductibles, self -insured retentions or underinsured exposures. 0) Sublessee agrees that in the event of any loss or damage suffered by Sublessee, then Sublessee's sole remedy for any loss of or damage to Sublessee's Property shall be recovery of insurance proceeds under Sublessee's insurance policies. 12. Compliance with Laws. Prior to the commencement of the Term, if Sublessee is then in possession, and at all times thereafter, Sublessee, at its cost, shall comply with all present and future laws, statutes, ordinances, orders and regulations of all state, federal, municipal and local governmental authorities (including departments, commissions and boards) and any direction of any public officer pursuant to law, and all orders, rules and regulations of the applicable Board of Fire Underwriters or the State Insurance Commissioner or any similar body (collectively, the 'Requirements') which shall impose any violation, order or duty upon Sublessor or Sublessee with respect to the Premises, arising out of Sublessee's use or manner of use of the Premises or the Hangar Building (including the use permitted under this Sublease). 13. Incorooration and Termination of Prime Lease. Notwithstanding anything to the contrary herein (a) this Sublease and all of Sublessee's rights hereunder are and shall remain in all respects subject and subordinate to all of the terms and provisions of the Prime Lease and any and all amendments of the Prime Lease and supplemental agreements relating thereto hereafter made between the Sublessor and Prime Landlord; and (b) all of the terms of the Prime Lease are hereby incorporated by reference into this Sublease (provided, however, that all references to the 'Lessor' in the Prime Lease shall be deemed to refer to Sublessor hereunder and all references to the 'Lessee' in the Prime Lease shall be deemed to refer to Sublessee hereunder). Sublessee agrees not to do, or cause to be done, any act (whether of omission or commission) which would result in a default under or breach of any term, covenant, provision or condition of the Prime Lease. Sublessee shall not have any expansion or similar rights under the Prime Lease, or any rights to cancel, terminate, extend or renew the term of the Prime Lease. Notwithstanding the incorporation herein of the Prime Lease or anything otherwise contained in this Sublease to the contrary, Sublessor shall not be obligated to render or provide any of the services required to be provided by Prime Landlord under the Prime Lease. If Prime Landlord fails to provide any services or to perform any of said duties or obligations which Sublessee is entitled to receive hereunder, Sublessee shall give written notice of such failure to Sublessor. Upon receipt of such 7 notice, Sublessor, as its sole obligation to Sublessee, shall promptly so notify Prime Landlord and make demand upon Prime Landlord to so perform, but Sublessor shall have no obligation to institute litigation or expend any funds, nor shall Sublessor be otherwise liable to Sublessee on account of, any act or omission of Prime Landlord, any default by Prime Landlord, or breach by Prime Landlord of any term, covenant or condition of the Prime Lease, respectively, or any failure by Prime Landlord to perform any of its obligations under the Prime Lease. In the event of a conflict between the terms of this Sublease and the terms of the Prime Lease, the terms of this Sublease shall prevail. 14. Notices under Prime Lease. Sublessee shall promptly give written notice to Sublessor of (i) all claims, demands or controversies by or with Prime Landlord under the Prime Lease, (ii) any events which relate to the Premises that require that Sublessor give notice to Prime Landlord under the Prime Lease, (III) any injury, death, or property damage arising out of, or in the course of conducting Sublessee's business, or (iv) any act (by commission or omission) by Sublessee that would constitute a default under the Prime Lease. Sublessee shall deliver to Sublessor copies of all notices delivered to and/or received from Prime Landlord. 15. Alterations to Premises. (a) Sublessee shall not make any improvements and/or alterations to the Premises (including any installations and/or maintenance pursuant to Article 5 of this Sublease) (collectively, pAltera ' n '), without first receiving the prior written consent of Sublessor, Prime Landlord (to the extent required by the Prime Lease), and, as required, the Federal Aviation Administration ('FAA') and any other governmental authority having jurisdiction thereof. Any such consent may be withheld or conditioned in Sublessor's sole discretion. Upon receipt of such required consent, Sublessee warrants that all such work shall be undertaken and performed by trained professional contractors, subcontractors and/or service technicians in accordance with applicable and then prevailing local, state, federal and recognized construction industry standards and applicable laws, ordinances, codes and regulations. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment. Alterations shall be performed in such manner as not to unreasonably interfere with or delay, and as not to impose any additional expense upon Sublessor in the operation of the Hangar Building. Sublessee, at its expense, shall obtain all applicable governmental permits, certificates, licenses and authorizations as may be required for the commencement and completion of Alterations. Sublessee shall permit no liens to be placed upon the Premises, or any part thereof, for any Alterations or any other work (including, without limitation, installation and maintenance performed pursuant to Article 5 hereof) performed or alleged to have been performed, or materials supplied or alleged to have been supplied, by or on behalf of Sublessee. (b) If, as a result of any work performed or alleged to have been performed, or materials supplied or alleged to have been supplied, by Sublessee, any mechanic's, laborer's or materialman's lien shall, at any time, be filed against the Prime Lease Premises, the Hangar Building, or any part thereof, Sublessee, within fifteen (15) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. (c) No Alterations shall involve the removal of any fixtures, equipment or other property in the Premises which are not Sublessee's property without Sublessor's and, to the extent required by the Prime Lease, Prime Landlord's prior written consent, and any such fixtures (d) At Sublessor's option, Sublessee (at its cost) shall remove all Alterations prior to the expiration or earlier termination of this Sublease and shall repair any damage to the Premises or the Prime Lease Premises caused by such removal. 16. Subletting and Assignment. (a) Sublessee shall not assign, sublease, license, hypothecate, mortgage, pledge, transfer or otherwise encumber the Premises, or any portion thereof, or this Sublease, or any interest therein, or in any manner assign, mortgage, pledge, transfer or otherwise encumber its interest or estate in the Premises, or any portion thereof, without obtaining (i) Sublessors prior written consent in each and every instance, which consent may be given or withheld in Sublessors sole discretion, and (ii) to the extent required under the Prime Lease, the consent of Prime Landlord, which consent shall be requested by Sublessor and may be given or withheld in accordance with the terms of the Prime Lease. Notwithstanding any other provision of this Sublease to the contrary, no portion of the Premises shall be separately demised or sub -subleased from the balance of the Premises. Sublessee hereby acknowledges and agrees that Sublessee shall not under any circumstances contact Prime Landlord directly with respect to any matters relating to this Sublease. (b) If this Sublease be assigned, whether or not in violation of the terms of this Sublease, Sublessor may collect rent from the assignee. The consent by Sublessor to an assignment, transfer, encumbering or subletting pursuant to any provision of this Sublease shall not in any way be considered to relieve Sublessee from obtaining the express prior consent of Sublessor and, to the extent required by the Prime Lease, Prime Landlord to any other or further assignment, transfer, encumbering or subletting. (c) If Sublessee desires to enter into an assignment of this Sublease or to sub - sublease all of the Premises to a bona fide third party assignee or sub -subtenant, Sublessee shall give to Sublessor notice ('Sublessee's Notice') thereof, which notice shall include a conformed or photostatic copy of the proposed assignment or sub -sublease document and all related agreements, together with a term sheet signed by an officer or principal of Sublessee containing (x) all material terms and conditions in connection with the proposed assignment or sub -sublease, the proposed effective or commencement date of which shall be at least thirty (30) days after the giving of such notice, (y) a statement setting forth in reasonable detail the identity of the proposed assignee or sub -subtenant, the nature of its business and its proposed use of the Premises. (d) In addition to the other requirements set forth above, each sub -sublease by Sublessee to any party other than Sublessor shall comply with the following requirements: (i) No sub -sublease shall be for a term (including any renewal or extension options contained in the sub -sublease) ending later than one day prior to the Expiration Date of this Sublease. (ii) No sub -sublease shall be valid, and no sub -subtenant shall take possession of or otherwise occupy the Premises or any part thereof, until there has been delivered to Sublessor, both (A) a fully executed counterpart of such sub -sublease, and (B) a certificate of insurance evidencing that (x) Sublessor, its managing agent, and any landlord or mortgagee of Sublessor, each are an additional insured under the insurance policies required to be maintained by occupants of the Premises pursuant to this Sublease, and (y) there is in full force and effect, the insurance otherwise required by this Sublease. (iii) Each sub -sublease shall provide that it is subject and subordinate in all respects to this Sublease and any amendments, modifications, extensions or restatements hereof or supplemental agreements relating hereto, hereafter made between Sublessor and Sublessee, and to the matters to which this Sublease is or shall be subordinate, and that in the event of termination, reentry or dispossess by Sublessor under this Sublease, Sublessor may, at its option, take over all of the right, title and interest of Sublessee, as sub -sublessor, under such sub - sublease, and such sub -subtenant, at Sublessor's option, shall attom to Sublessor pursuant to the then executory provisions of such sub -sublease, except that Sublessor shall not be liable for, subject to or bound by any item of the type that a successor sublessor is not so liable for, subject to or bound by in the case of an attomment by Sublessee to a successor sublessor under Article 2S- (e) No assignment of this Sublease by Sublessee shall be valid until Sublessee shall have delivered to Sublessor (x) a duplicate original instrument of assignment in form and substance satisfactory to Sublessor and Prime Landlord (to the extent Prime Landlord's consent is required under the Prime Lease), duly executed by Sublessee, and (y) an agreement, in form and substance satisfactory to Sublessor and Prime Landlord (to the extent Prime Landlord's consent is required under the Prime Lease), duly executed by the assignee, whereby the assignee shall unconditionally assume observance and performance of all of the terms and conditions of this Sublease on Sublessee's part to be observed or performed. 17. Notices. All notices or other communications required or permitted to be given pursuant to this Sublease shall be in writing and shall be considered as property given or made (i) upon the date of personal delivery (if notice is delivered by personal delivery), (it) on the date of delivery, as confirmed by electronic answerback (if notice is delivered by facsimile transmission), (iii) on the day one (1) 'Business Day' (defined below) after deposit with a nationally recognized overnight courier service, or (iv) on the third (3rd) Business Day following mailing from within the United States by first class United States mail, postage prepaid, certified mail return receipt requested, and in any case addressed to the parties at the addresses set forth below (or to such other addresses as the parties may specify by due notice to the other): If to Sublessor. Treasure Coast FBO, LLC clo Key Air, LLC 3 Juliano Drive Oxford, CT 06478 Attention: C.F.O. Fax: 203-267-6165 With a Copy to: do Rizvi Traverse Management LLC 260 East Brown Street, Suite 380 Birmingham, Michigan 48009 Attention: President Fax: (248) 594-4754 If to Sublessee: Island Air Charters, Inc. 1050 Lee Wagner Blvd. Ft Lauderdale, FL 33318 Attention: Linda K. House Fax: As used herein, the term "Business Dav' shall mean any day other than (a) a Saturday or a Sunday, (b) a national holiday, or (c) a day on which banks are not required to be open for business within the State of Florida. 18. Brokers. Sublessee and Sublessor each represents and warrants that it has not dealt with any realtor, broker, or finder in connection with this Sublease or the Premises. Each party shall indemnify and hold harmless the other party from any damage, cost, expense (including reasonable attorneys' fees and expenses) or liability arising out of any claim for a commission or finder's fee incurred by reason of any act, commission or statement of the indemnifying party. 19. Non -Waiver. The failure of Sublessor to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Sublease, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. No delay or omission of Sublessor to exercise any right or remedy shall be construed as a waiver of any such right or remedy or of any default by Sublessee hereunder and no waiver or modification by either party hereto of any covenant, term, provision, condition or election right, of this Sublease shall be deemed to have been made unless set forth in writing and executed by duly authorized representatives of all parties hereto. No surrender of possession of the Premises or of any part thereof shall release Sublessee from any of its obligations hereunder unless accepted by a duly authorized representative of Sublessor in writing. 10 The receipt and retention by Sublessor of Base Rent and/or Additional Rent from Sublessee or anyone other than Sublessee, whether with or without knowledge of any preceding default or breach of any covenant, term, provision or condition contained in this Sublease to be performed by Sublessee, shall not be deemed a waiver by Sublessor of such default or breach or the acceptance of such other person as a subtenant, or a release of Sublessee from covenants, terms, provisions or conditions contained in this Sublease, or a waiver of Sublessor's right to exercise any available remedy by virtue of such default or breach. The acceptance of any payment from a debtor in possession, a trustee, a receiver or any other person, acting on behalf of Sublessee or Sublessee's estate, shall not waive or cure a default under Section 7(c) hereof. 20. Force Maieure. Subject to the limitations set forth below, and except to the extent the Prime Lease provides Sublessor with any less, or more restrictive, rights, delay in performing or failure to perform any obligation imposed on Sublessor or Sublessee under this Sublease shall not be deemed a default under or a breach of this Sublease if such delay or failure results from a "force majeure" (defined below) and the party so affected shall have given written notice promptly to the other parties of the force majeure. The term "force majeure" shall mean an act of God, flood, fire, explosion, breakdown of plant, strike, lockout, labor dispute, casualty or accident, war (declared or undeclared), revolution, civil commotion, acts of public enemies, blockage or embargo, or any injunction, law, order, proclamation, regulation, ordinance, demand or requirement of any government or any subdivision or representative thereof of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of the party involved (except that failure to pay Rent due hereunder shall not be subject to force majeure). The party affected by force majeure shall use reasonable efforts to remove the cause thereof, and, except to the extent the Prime Lease provides Sublessor with any less, or more restrictive, rights, performance of the obligation so affected shall be suspended for so long as the force majeure shall prevent or delay performance and for an additional thirty (30) days. 21. Option to Extend. Provided Sublessee is not in default of this Sublease at the time of the exercise of the option to extend and upon the commencement date of the Extension Term (as hereinafter defined), Sublessee shall have the option to extend the Term for additional period of _ U years (the "Extension Term') under the same terms and conditions as contained in this Sublease, except as expressly modified hereunder, by giving written notice to Sublessor of its intention to extend the Term at least one hundred twenty (120) days prior to the Expiration Date, time being of the essence. Base Rent for the Extension Term shall be as listed in Exhibit IC" attached hereto. Upon commencement of the Extension Term, the words "Term" or "term' as used herein shall be deemed to include the Extension Term. Sublessee shall have no further right to extend the Term. 22. Parking. Sublessor shall provide for Sublessee, its employees, invitees and agents, at no additional cost to Sublessee, the non-exclusive use of _, parking spaces during the Term, in the parking lot area as outlined on Exhibit " attached hereto, subject to Prime Landlord's rights and obligations, if any, as to the some. 23. Fixtures and Eouioment. Sublessee shall obtain Sublessor's prior written consent prior to the installation, attachment or affixation by bolts or otherwise of Sublessee's equipment, machinery or fixtures to the Premises. Any machinery, equipment and fixtures installed upon, attached or affixed to the Premises by Sublessee shall be removed by Sublessee (at its cost) at the expiration or earlier termination of this Sublease, and Sublessee (at its cost) shall repair any damage to the Premises caused by such removal. All fixtures and equipment installed or used by Sublessee in the Premises shall be fully paid for by Sublessee in cash and shall not be subject to conditional bills of sale, chattel mortgage or other title retention agreements. 24. Quiet Eniovment. Subject to the Prime Lease and any leasehold mortgage to which Sublessor's leasehold interest is subject, upon payment of the Rent and performance of the covenants set forth in this Sublease on the part of Sublessee to be paid and performed, 11 Sublessor covenants and agrees that Sublessee shall peaceably and quietly have, hold and enjoy the Premises and all rights, easements, appurtenances and privileges belonging or in anywise appertaining thereto during the entire Term. 25. Recording. Sublessee shall not record, or permit the recording of, this Sublease or any memorandum hereof. 26. Subordination. (a) Sublessee agrees that this Sublease and Sublessee's interest hereunder shall be subject and subordinate to all existing and/or future security agreements, mortgages, deeds of trust and assignments of leases and rents, encumbering the Premises and/or Sublessor's leasehold interest in the Premises, as well as any easements granted to any governmental or quasi governmental authority or body or any utility company. Sublessee shall attDm to and be bound to any holder of a mortgage encumbering the Premises and/or Sublessor's leasehold interest in the Premises ('Lender'), upon receipt of a notice from Lender requiring such attomment, and such attornment shall be effective and self -operative without the execution of any further instrument. Upon request of Sublessor or any Lender, Sublessee agrees to promptly execute and deliver any and all documents subordinating its right under this Sublease and/or evidencing such attomment, as aforesaid within seven (7) days of a request by Sublessor or any Lender. The word `mortgage' as used herein includes, but is not limited to, mortgages, deeds of trust, or similar instruments and any amendments, modifications, consolidations, extensions, renewals, restatements, replacements or substitutions thereof. This subordination shall be automatically effective at such time or times as any and all future easements, security agreements and/or mortgages come into existence without the necessity for Sublessee to execute any further instruments. (b) If there is existing financing, and provided that Sublessee shall have been previously furnished a notice of the existence of a Lender and such Lender's name and address, Sublessee shall notify each such Lender of each material default by Sublessor under this Sublease, simultaneously with (and in the same manner as) the giving of notice of such material default to Sublessor by notice to Lender at such address as shall be set forth in a notice from Lender to Sublessor and Sublessee. Lender shall have a reasonable right, but not the obligation, to cur: any such material default by Sublessor under this Sublease after the expiration of any applicable cure period to which Sublessee is entitled. (c) This Sublease and all of Sublessee's rights hereunder are and shall remain in all respects subject and subordinate to (i) all of the terms and provisions of the Prime Lease, (ii) any and all amendments of the Prime Lease or supplemental agreements relating thereto hereafter made between Prime Landlord and Sublessor, provided, however, that Sublessor shall not enter into any such amendments or supplemental agreements that shall (1) materially adversely affect Sublessee's rights hereunder, (2) increase Sublessee's obligations hereunder other than in an immaterial way, (3) decrease the size of the Premises, or (4) shorten the Term hereof, and (iii) any and all matters to which the tenancy of Sublessor, as tenant under the Prime Lease, is or may be subordinate. Sublessee shall in no case have any rights under this Sublease greater than Sublessors rights as tenant under the Prime Lease. The foregoing provisions shall be self - operative and no further instrument of subordination shall be necessary to effectuate such provisions unless required by Prime Landlord or Sublessor, in which event Sublessee shall, upon demand by Prime Landlord or Sublessor at any time and from time to time, execute, acknowledge and deliver to Prime Landlord and Sublessor any and all instruments that Prime Landlord or Sublessor may deem reasonably necessary or proper to confirm such subordination of this Sublease, and the rights of Sublessee hereunder. Sublessee hereby appoints Sublessor its attorney in fact, coupled with an interest, for the purpose of executing any such instrument of subordination if Sublessee shall fail to execute, acknowledge and/or deliver any such instrument of subordination within seven (7) days after Prime Landlord's or Sublessors demand therefor. (d) Sublessee acknowledges that in the event of a termination of the Prime Lease or re- entry or dispossess by Prime Landlord under the Prime Lease, Prime Landlord may, at its option, 12 take over all of the right, title and interest of Sublessor hereunder and Sublessee agrees that it shall, at Prime Landlord's option, attom to Prime Landlord pursuant to the then executory provisions of this Sublease, except that Prime Landlord shall not (i) be liable for any previous act or omission of Sublessor under this Sublease, (ii) be subject to any offset not expressly provided in this Sublease, which theretofore accrued to Sublessee against Sublessor, or (III) be bound by any previous modification of this Sublease (which is made without Prime Landlord's consent) or by any previous prepayment of more than one month's Rent (e) The consent of Prime Landlord shall be required in connection with any act which requires the consent of Prime Landlord pursuant to the terms of the Prime Lease, notwithstanding that a particular provision herein may not require Prime Landlord's consent or states that only Sublessor's consent is required. 27. Sublesssor's insurance. (a) Sublessor shall at all times during the Term, at Sublessor's sole expense, maintain a policy or policies of insurance with premiums thereon fully paid in advance, insuring the Hangar Building against loss or damage by fire, explosion, or other hazards and contingencies for the full replacement value thereof; provided, however, that Sublessor shall not be obligated to insure all or any portion of Sublessee's Property. Sublessor shall be responsible for any deductibles, self - insured retentions or under insured exposures. (b) Sublessee shall not do or permit any act or thing to be done in or to the Premises which is contrary to the Requirements, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for the benefit of Sublessor. Sublessee shall pay all costs, expenses, fines, penalties or damages, which may be imposed upon Sublessor by reason of Sublessee's failure to comply with the provisions of this Article 27. 28. Damaae and Destruction. (a) If the Premises are damaged or destroyed in whole or in part by fire or other casualty at any time during the Term and if after such damage or destruction Sublessee is not able to use the Premises to substantially the same extent and for substantially the same purpose as Sublessee used the Premises prior thereto, then as soon as practicable and in any case not more than ninety (90) days after Sublessor receives from Sublessee written notice of such damage or destruction, Sublessor shall give Sublessee a written notice setting forth the estimated time required for repair or restoration of the Premises. Sublessor shall not be obligated to repair and/or restore the Premises if (i) such estimated time for such repair or restoration is in excess of one hundred eighty (180) days from the date of casualty, (ii) insurance proceeds (including proceeds from any insurance set forth in Article 11, and Sections 15(i) and 27(a) hereof) are not made available to Sublessor by its Lender, (iii) the insurance proceeds received by Sublessor are insufficient to so repair and restore the Premises and Sublessor does not agree (in Sublessors sole discretion) to pay the difference between the cost of rebuilding and the amount of insurance proceeds received by Sublessor, (iv) the terms of the Prime Lease or any mortgage or deed of trust, do not require Sublessor to so repair or restore the Premises, (v) such damage or destruction is caused by or through Sublessee and/or Sublessee's Parties, or as a result of Sublessee's and/or Sublessee's Parties' use and/or occupancy of the Premises, or (vi) substantially all of the Premises or the Hangar Building shall have been destroyed as a result of such casualty, whereupon Sublessor may elect, upon written notice, to terminate this Sublease effective on the date of such damage or destruction. In the event Sublessor shall deliver the notice pursuant to clause (i) hereof, Sublessee shall have the right to terminate this Sublease by notice given to Sublessor within thirty (30) days of Sublessor's notice, time being of the essence (it being agreed that failure to timely give such notice shall be a waiver of Sublessee's termination rights hereunder). (b) If such damage or destruction occurs, then the Rent shall be proportionately abated to the extent the Premises are untenantable from the date of such damage or destruction until the date of restoration or termination, as applicable; provided, however, that there shall be no 13 Rent abatement if such damage or destruction is caused by or through Sublessee and/or Sublessee's Parties, or as a result of Sublessee's and/or Sublessee's Parties' use and/or occupancy of the Premises. (c) If the Sublease is not terminated as provided in Section 28(a) hereof, Sublessor shall restore (to substantially the same condition as prior to the occurrence of the damage, excluding: normal wear and tear, alterations to the Premises, and/or Sublessee's Property) the damaged or destroyed portions of the Premises, and this Sublease shall continue in full force and effect in accordance with the terms hereof, except for the abatement of Rent referred to in Section 28(b) hereof, if applicable. (d) Nothing contained hereinabove shall relieve Sublessee from liability that may exist as a result of damage from fire or other casualty. Sublessee acknowledges that Sublessor will not (and will not have any obligation to) cant' insurance on any improvements to the Premises or Sublessee's Property and agrees that Sublessor will not be obligated to repair any damage thereto or replace the same. Sublessor shall not be liable for any inconvenience or annoyance to, or loss suffered by, Sublessee (or anyone claiming under or through it) due to interruption of Sublessee's (or such other claimants) business, including by reason of damage to the Premises or the Hangar Building by fire or other casualty, or the repair thereof. If any damage to the Premises or the Hangar Building from fire or other casualty results from the negligence or willful misconduct of Sublessee or its employees, directly or indirectly, there shall be no abatement of the Rent, except to the extent of any proceeds of loss of rental income insurance obtained by Sublessor in lieu of such Rent. 29. Condemnation. (a) If all or substantially all of the Premises are appropriated or taken for any public use by virtue of eminent domain or condemnation proceedings, or if by reason of law, ordinance, or by court decree, whether by consent or otherwise, the use of the Premises by Sublessee for any of the specific purposes referred to in the Prime Lease or this Sublease shall be prohibited, or a partial taking renders the Premises untenantable for the intended purpose of this Sublease, then Rent shall be paid only to the time when Sublessee surrenders possession of the Premises. (b) In the event of partial appropriation which in Sublessee's reasonable judgment does not render the Premises untenantable for its intended purpose, Sublessee shall continue in possession of that part of the Premises not so appropriated under the same terms and conditions of this Sublease, except that in those cases Sublessee shall be entitled to an equitable reduction of the Rent under this Sublease. (c) If any part of the Prime Lease Premises shall be acquired or condemned, and by reason of such acquisition or condemnation, Sublessor, in Sublessors sole discretion, deems it necessary for the soundest use of the Prime Lease Premises to terminate this Sublease, then whether or not the Premises shall be affected thereby, Sublessor, at Sublessors option, may give to Sublessee, at any time thereafter, fifteen (15) days notice of termination of this Sublease. In the event any such fifteen (15) day notice of termination is given by Sublessor, this Sublease and the Term shall come to an end upon the expiration of said fifteen (15) days with the same effect as if the date of expiration of said fifteen (15) days were the date for the expiration of the Term. (d) In the event of any condemnation or taking, total or partial, Sublessee shall not be entitled to any part of the award or permissive sale proceeds paid in lieu thereof, and Sublessee hereby expressly waives any right or claim to any part thereof and agrees that Sublessor shall receive the full amount of such award or permissive sale proceeds, provided, however, that Sublessee shall have the right to seek from the condemning authority a separate award for moving expenses and other costs, if permitted under the Prime Lease. 30. Security. (a) Sublessee shall observe all security requirements of Federal Aviation Regulations ('FAR") Part 107, the Transportation Security Regulations issued by the 14 Transportation Security Administration ('TSA'), the Homeland Security Act of 2002, The Aviation and Transportation Security Act of 2001, and similar laws or regulations, and the Airport security program adopted and carried out pursuant to, and in accordance with, the Transportation Security Regulations (the 'Airport Security Program'), as they may be amended hereafter (collectively, the "Security Regulations"), and shall take such steps as may be necessary or directed by Sublessor or Prime Landlord to make reasonable efforts to ensure that Sublessee's Parties observe such requirements. (b) If Sublessor and/or Prime Landlord incur any fines and/or penalties imposed by the FAA or any expense in enforcing the Security Regulations as a result of the particular acts of Sublessee and/or Sublessee's Parties, Sublessee agrees to pay and/or reimburse all such fines and penalties, as well as any costs and expenses related thereto. 31. Environmental Matters. (a) Sublessee shall comply with all applicable federal, state and local environmental laws, ordinances, regulations and permits (collectively, 'Environmental Laws'). Sublessee shall not use, handle, generate or store at the Premises any hazardous substances, hazardous wastes, toxic materials, chemicals, petroleum substances or pollutants (collectively, "Regulated Substances'), except in strict compliance with all Environmental Laws. Sublessee shall be solely responsible for the proper removal and off -site disposal, in compliance with Environmental Laws, of all Regulated Substances generated by Sublessee and/or by Sublessee's Parties at the Premises. Additionally, contamination which impacts the Premises or Prime Lease Premises as a result of any use, generation, storage, handling, release or leakage of any Regulated Substances on, in or at the Premises, by Sublessee or Sublessee's Parties shall be the sole responsibility and liability of Sublessee and Sublessee shall address such contamination in a manner which meets or exceeds established cleanup levels required by Environmental Laws or by a government agency exercising jurisdiction over the contamination. Prior to the termination of this Sublease and Sublessee's subsequent surrender of the Premises, irrespective of the nature of such termination, Sublessee represents that it will and covenants to remove all Regulated Substances related to its operations, including, but not limited to, such operations of Sublessee's Parties, from the Premises and coordinate the proper off -site disposal of such Regulated Substances. (b) Notwithstanding the foregoing, Sublessee shall not take any remedial or removal action in or about the Premises, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Regulated Substances in any way connected with the Premises without first notifying Sublessor of Sublessee's intention to do so and affording Sublessor the opportunity to appear, intervene or otherwise appropriately assert and protect Sublessor's interest with respect thereto; provided, haver, if the situation requires Sublessee to undertake immediate remedial action at the Premises in order to comply with Environmental Laws prior to providing such notice to Sublessor, Sublessee will take such required immediate action and will provide Sublessor with the required notice as soon as possible thereafter. Sublessee shall immediately notify Sublessor in writing of: (i) any spill, release, discharge or disposal of any Regulated Substances in, at, on or under the Premises or any portion thereof, (ii) any enforcement, cleanup, remediation, removal or other governmental or regulatory action instituted, contemplated, or threatened pursuant to any Environmental Laws; (iii) any claim made or threatened by any person against Sublessee or the Premises relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Regulated Substances; and (iv) any reports made to any government agency arising out of or in connection with any Regulated Substances in, at, on or removed from the Premises, including any complaints, notices, warnings, reports or asserted violations in connection therewith. Sublessee also shall supply to Sublessor as promptly as possible, and in any event within five (5) days after Sublessee first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Premises or Sublessee's use thereof. 15 (c) Sublessee shall indemnify, defend and forever hold harmless Sublessor, Prime Landlord and their respective officers, directors, members, principals, employees, agents, servants, contractors, subcontractors and invitees from and against any and all damages, fines, costs, and penalties, including any penalty or fine imposed by any government agency and the expense of addressing contamination which meets or exceeds established cleanup levels to the extent required by Environmental Laws or by a government agency exercising jurisdiction over the contamination, as well as any and all reasonable attorneys' and consultant fees associated therewith (collectively, `Environmental Damages') to the extent caused by the acts or omissions of Sublessee and/or Sublessee's Parties relating to the use and occupancy of the Premises. (d) The provisions of this Article 31 shall survive the expiration or earlier termination of this Sublease. 32. Consent of Prime Landlord. This Sublease and the rights and obligations of the parties hereto are expressly contingent upon Prime Landlord's consent, as provided in and to the extent required under the Prime Lease. If Prime Landlord's consent is required and shall not have been obtained within 90 days after request therefor, then thereafter, at any time prior to receipt of such consent, Sublessor may elect to terminate this Sublease by delivery of written notice of such election to Sublessee. 33. Miscellaneous. If any of the express provisions of this Sublease shall conflict with any of the provisions of the Prime Lease that are incorporated herein by reference, such conflict shall be resolved in every instance in favor of this Sublease, provided, however, that any greater or more specific obligations imposed on Sublessee pursuant to the terms of this Sublease shall not be deemed to be in conflict with the applicable provisions of the Prime Lease and shall be binding on Sublessee. If any term or provision of this Sublease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Sublease, or the application of such term or provision to persons or circumstances other than such persons or circumstances as to which such term or provision is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Sublease shall be valid and shall be enforced to the fullest extent permitted by law. This Sublease shall be deemed to have been made in the State of Florida and shall be interpreted in accordance with the law of the United States and the law of the State of Florida. Any litigation between the parties arising out of this Sublease shall be conducted in the U.S. District Court for the District of Florida or Florida State Court, except as otherwise provided in the Prime Lease. Prime Landlord and Sublessor shall be entitled to any rights of entry and inspection of the Premises as permitted under the Prime Lease. This Sublease shall not create any actual or implied business connection between Sublessor and Sublessee other than for the rental of building space. 34. Surrender. Upon the expiration or earlier termination of this Sublease, Sublessee shall remove its personal property and quit and surrender the Premises in the same condition in which they are required to be kept throughout the Term, in broom dean condition, reasonable wear and tear and damage by fire or other casualty, excepted. If Sublessee holds over after the expiration or earlier termination of the Tenn without the written consent of Sublessor and, to the extent required by the Prime Lease, Prime Landlord, Sublessee shall become a tenant at sufferance only and, for the time Sublessee thus holds over, in addition to all other charges due Sublessor from Sublessee under this Sublease, Sublessee shall pay Sublessor rent at a monthly rate equal to two times the monthly installment of Base Rent due Sublessor under this Sublease. In addition, Sublessee hereby indemnifies and agrees to hold Sublessor harmless from and against any loss, cost, liability, claim, damage and expense (including reasonable attorneys' fees and disbursements) resulting from delay by Sublessee in surrendering the Premises upon the expiration or termination of this Sublease, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. The acceptance by Sublessor of rent after such expiration or earlier termination shall not constitute a renewal of the Term nor shall it affect any other rights of Sublessor hereunder or as otherwise provided by law. Sublessee's obligation to 16 observe and perform the covenants under this Article 34 shall survive the expiration or other termination of this Sublease. 35. Limitations of Recourse. The term Sublessor' as used in this Sublease means only the tenant under the Prime Lease, or the Lender in possession of the Prime Lease Premises, so that in the event of a transfer of Sublessors interest under the Prime Lease, the transferor shall be and hereby is entirely freed and relieved of all covenants and obligations of Sublessor hereunder. in the event of any actual failure, breach or default hereunder by Sublessor, Sublessee's sole and exclusive remedy shall be against Sublessors interest in the Premises, and in no event shall any action or claim be brought against or satisfied out of any other assets of Sublessor or any other assets of any individual, member and/or entity comprising Sublessor or any other assets of the agents, servants or empkoyees of Sublessor for any claim of any damages of any kind, nature or description. Sublessee hereby waives any and all claims and rights to recover consequential damages or lost profits arising from Sublessor's default or breach hereunder. 36. Entire Agreement. This Sublease contains the entire understanding and agreement between Sublessor and Sublessee as to the subleasing of the Premises. It shall not be modified or amended except by a written agreement executed by duly authorized representatives of such parties. 37. Security Deposit Simultaneously with its execution of this Sublease, Sublessee is depositing with Sublessor a sum equal to the first month's Base Rent and Florida sales tax as security for the faithful performance and observance by Sublessee of the terms, provisions and conditions of this Sublease. Sublessor shall be entitled to any interest accrued thereon. In the event Sublessee defaults in respect of any of the terms, provisions and conditions of this Sublease, including, but not limited to, the payment of Rent, or other payments due hereunder, Sublessor may use, apply or retain the whole or any part of the security so deposited (plus interest earned, if any) to the extent required for the payment of any Base Rent and Additional Rent or any other sum as to which Sublessee is in default or for any sum which Sublessor may expend or may be required to expend by reason of Sublessees default in respect of any of the terms, covenants and conditions of this Sublease, including but not limited to, any damages or deficiency in the re -letting of the Premises, whether such damages or deficiency accrued before or after summary proceedings or other re-entry by Sublessor. In the event of a sale of the land and the Hangar Building or leasing of the Hangar Building of which the Premises form a part, Sublessor shall have the right to transfer the security to the vendee or lessee and Sublessor shall thereupon be released by Sublessee from all liability for the return of such security deposit, and Sublessee agrees to look solely to the new Sublessor for the return of said security deposit The provisions hereof shall apply to every transfer or assignment made of the security deposit to a new landlord. Sublessee further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Sublessor nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. 38. Access to Premises. Sublessor, Prime Landlord or their respective agents, employees or contractors shall have the right (but shall not be obligated) to enter the Premises in any emergency at any time, and, at other reasonable times, to examine the same and to make such repairs, replacements and improvements as Sublessor may deem necessary and reasonably desirable to any portion of the Hangar Building or which Sublessor may elect to perform in the Premises, following Sublessees failure to make repairs or perform any work which Sublessee is obligated to perform under this Sublease, or for the purpose of complying with any Requirements. Sublessee shall permit Sublessor to use and maintain and replace pipes and conduits in and through the Premises and to erect new pipes and conduits therein. Sublessor may, during the progress of any work in the Premises, take all necessary materials and equipment into the Premises, and such work and entry (including the presence of any such materials and equipment) shall not constitute an eviction and shall not entitle Sublessee to any 17 abatement of Rent while such work is in progress, or any damages by reason of loss or interruption of business or otherwise. Sublessor shall use commercially reasonable efforts to minimize interruption of Sublessee's business operations, although nothing herein shall require Sublessor to retain labor on an overtime basis. Throughout the Term, Sublessor shall have the right to enter the Premises at reasonable hours. If Sublessor is not present to open and permit entry into the Premises, Sublessor or its agents may, to the extent not prohibited by law, enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Sublessee's property and such entry shall not render Sublessor or its agents liable therefor, nor in any event shall the obligations of Sublessee hereunder be affected. If during the last month of the Term Sublessee shall have removed all or substantially all of Sublessee's property therefrom, Sublessor may immediately enter, alter, renovate or redecorate the Premises without limitation or abatement of Rent, or incurring liability to Sublessee for any compensation and such act shall have no effect on this Sublease or Sublessee's obligations hereunder. Sublessor shall have the right at any time, without the same constituting an eviction and without incurring liability to Sublessee therefor to change the arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the Hangar Building and to build additions thereto or to change the name, number or designation by which the Hangar Building may be known. 39. Naming Riahts. Sublessee agrees that Sublessee shall have no right to, or interest in, the name 'St Lucie County International Airport' or any replacement name therefor, and Sublessee shall not, in any manner, use such words in the promotion of Sublessee's business. Sublessee agrees not to publish, display or distribute any advertising or notices using such names without first having obtained the written approval of Sublessor and Prime Landlord. 40. Waiver. Sublessee waives the provisions of any statutes which (a) relate to termination of leases when the Premises are destroyed, and (b) allow a tenant to make repairs and deduct the cost of such repairs from the Rent Sublessee agrees that such event shall be governed by the terms of this Sublease and not by any such statutes. 41. Survival. Al indemnities set forth in this Sublease shall survive the expiration or early termination of this Sublease. 42. Litiastion Expenses. In the event that Sublessor or Sublessee commences, engages in, or threatens to commence or engage in any legal action or proceeding against the other party (including default notices, litigation or arbitration) arising out of or in connection with this Sublease, the Premises, or the Hangar Building (including the enforcement or interpretation of either party's rights or obligations under this Sublease, whether in contract, tort, or both, or the declaration of any rights or obligations under this Sublease), Sublessor shall recover its attorneys' fees, disbursements and court costs from Sublessee in connection with such matter, unless Sublessee shall obtain a final, unappealable judgment against Sublessor in an action thereon. The provisions of this paragraph shall survive the termination or expiration of this Sublease. 43. Estoppels. At any time and from time to time within ten (10) days after a written request from Sublessor or Lender, Sublessee shall execute, acknowledge and deliver to the requesting party a written statement certifying (i) that this Sublease has not been modified and is in full force and effect or, if there has been a modification of this Sublease, that this Sublease is in full force and effect as modified, and stating such modifications, (ii) the dates to which the Base Rent, Additional Rent and other charges hereunder have been paid, (iii) that to the best of Sublessee's knowledge, no defaults exist under this Sublease or, if any defaults do exist, specifying the nature of each such default and (iv) as to such other matters pertaining to the terms of this Sublease as the requesting party may reasonably request 44. Principles of Construction. All uses of the word 'including' in this Sublease shall mean 'including, without limitation' unless the context shall indicate otherwise. 18 IN WITNESS WHEREOF, the parties hereto have executed this Sublease by their duty authorized representatives as of the date first above written. WITNESSES a %L� TREASURE COAST FBO, LLC, a Delaware limited liability company BY: St. Lucie Airport Holdings, LLC, a Delaware limited liability company, its sole member and manager /% BY: A�/.x/!i`C Name: ��D CG G14s�2pGL� Its: ti Name: Its: n--1; . STATEMENT OF CONSENT Prime Landlord hereby consents to the Sublease from Treasure Coast FBO, LLC to pursuant to Article 21 of the Prime Lease. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Name: Title: Exhibit B FloodSite Plan [Include outline of the Premises and parking lot, if any, in which tenant is granted non- exclusive right to parking spaces per Article 22] Exhibit B —1 Exhibit C Base Rent Schedule CA The Base Rent payable for the Initial Term shall be payable at the monthly rates set forth below plus Florida Sales Tax of 6.5%: First 3 Months Base Rent $4,000.00' Month 4 thru 12 Monthly Base Rent $4500.00 With a 3 year renewal option. 'Along with the applicable Rent, Sublessee shall also pay to Sublessor all applicable Florida sales tax on the amount of such rent. C.2 In the event Sublessee exercises its option to extend the Term pursuant to the provisions of Article 21 of this Sublease, commencing on the first day of the Extension Term, the Base Rent shall be increased by the CPI Increase (as hereinafter defined). C.3 As used in this Exhibit C, the following terms shall have the following meanings: (a) The "CPI Increase" shall mean the percentage increase from the Base Index to the Current Index of the CPI, as such terms are hereinafter defined. (b) The "Base Index" shall initially refer to the CPI published for the month which immediately precedes the first (1") Lease Year. (c) The "Current Index' shall refer to the CPI published for the month which immediately precedes the commencement of the Extension Term. (d) The CPI shall mean the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the U.S. Department of Labor, Northeastern Urban, All Items (December 2003 =100), or any successor index thereto, appropriately adjusted. In the event that the CPI is converted to a different standard reference base or otherwise revised, the determination of adjustments provided for herein shall be made with the use of such conversion factor, formula or table for converting the CPI es may be published by the Bureau of Labor Statistics or, if said Bureau shall not publish same, then with the use of such conversion factor, formula or table as may be published by Prentice Hall, Inc., or any other nationally recognized publisher of similar statistical information. Further, if the base December 2003 = 100 is changed by the U.S. Department of Labor, the parties agree to apply the new base to their adjustments for the convenience in doing the adjustments. If the CPI ceases to be published, and there is no successor thereto, such other index as Sublessor shall reasonably select shall be substituted for the CPI. Exhibit C —1 Jun-16-1010 80:13vm PrormliC HIATIOA +11T21Rt00! T-045 P.001/001 F-040 J AIIRpW L."UTT APPMONAL INSURED CERTIFICATE OF INGURANCE For�oy Numbar UAWlMaZW Issued oy u S Spec"y Insurance company of Houton, TeaN was MMQ >o: Nomad Inkmw Ana Address ISLAND AIR CKNtMS, INC- 1001.EE WAGISHER Bt w. SUITE 102: Fr. LAUDERDALE, FL 33313 w. Thrs oerpl6aas of klswams ne tlwr a*msovft or null arnattas, ttxlElnds ar aws wo cover epe 0croeo by the Po6q assar"d hMW Mel is in fora from I oa= m SW=110� -n* Vowanoe adrneded by M& POICY is otty with msP= to the Cowrogas for which a rink is al urMtet wit Unft of usb* ookaw G 2W= EM Parson 1'OW'am Eaeh Omrtenoe A Aimmw SW Ylt INJURY AND PROPERTY DAMAGE UABILUY $ 1,000.000 Aggregate B PRoo=s coMPLF= OPERATIONS HAZARD $ � occurrrence i30DILY INJURY AND PROPERTY DAMAGE UITY wBIL f $ Any One AUU* $ Each Occurfw a C HANGARKEEPERg LIABILITY s De: lumle a Each PWWn D MEDICAL PAYMENTS s Eaw Occ u ence In me event of can6sWO of the adoove aesenbew policy, the cotnpatty, if poasiwle. wiA notify tt►e CiZfA7�cate Holget. shown oe below, IQ days poorto such =w@ tldon. CERTIFICATE ISSUED TO: KEY AIR. L.LC 9131 JET CENTER T>FRRACR FORT PIERCE, FL 33316 U.S. SpWALTY INSURANCE GWPANY P 0. &u 7974as. Darts. U MVII-74011 omcuTED Ttlrs 11 DAY OF 1L&L 2= The Cet6kno hcidar is MKOW as an add6QW ink &W but only wO Rspset w ft*V arlt o out of the Named iM1sured's tn9inSC wce or uae of tiro airport. .,rIt is fiattiglv4 ltte I m" Polity b*W herein Ills bete bsue:0 0110 atmPenY• only w USS 20012 AL101 e) To/T0'd 9TSE LBZ ZLL 3 NI a00!0 1S TS:80 0T0z-9T-N-lf OW AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-8-4- Date: November 23, 2010 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY. Heather Young Assistant County Attorney SUBJECT: Treasure Coast FBO, L.L.C. - Sublease Agreement with Steve Sorrell Aviation, Inc. BACKGROUND: See C.A. No. 10-1468 FUNDS AVAIL.: (State type b No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the proposed sublease agreements between Treasure Coast FBO, L.L.C., and Steve Sorrell Aviaiton, Inc., COMMISSION ACTION : APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: '- Mgt. do Budget: Daniel S. Intyre Originating Dept.: Other Mark 5atterlee 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: 10-1468 DATE: November 1, 2010 SUBJECT: Treasure Coast FBO, L.L.C. - Sublease Agreement with Steve Sorrell Aviation, Inc. BACKGROUND: Attached to this memorandum is a copy of a proposed sublease agreement between Treasure Coast FBO, L.L.C., and Steve Sorrell Aviation, Inc., hangar space to store an Albatross 6-111 aircraft. All use of the property is subject to the terms and conditions of the master lease between the County and Treasure Coast FBO, L.L.C. The lease term is for one year each beginning retroactively on October 1, 2010. Staff has reviewed the proposed subleases, and they appear acceptable as to legal form and correctness. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners consent to the proposed sublease agreement between Treasure Coast FBO, L.L.C., and Steve Sorrell Aviation, Inc. Respectfully submitted, Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Planning and Development Services Director Airport Manager SUBLFA filE AGREEMENT THIS SUBLEASE AGREEMENT (this 'S se") is made as of the 9th day of September, 2010, by and between TREASURE COAST FBO, LLC, a Delaware limited liability company, having offices at 3131 Jet Center Terrace, Fort Pierce, FL 34936 ('SublesswW), and Steve Sorell Aviation, Inc., a Florida corporation, having offices at 3101 Airmans Drive, Florida Ft Pierce, 34996 ("S ssee')- WITNESSETH: WHEREAS, Sublessor (by assignment from Air Charter of Florida, Inc., a Florida corporation) is tenant, and St. Lucie County, a political subdivision of the State of Florida (" rime Landlord'), is landlord under watndumcertain ofSwF�ich was recorded onnd Amended and eMaay d21,e2008 Book 297ase Agreement dated as of May 16, 2008, of which is attached hereto as Pages 119-125 of the Records of Saint Lucie County, a cOF Exhi it 'A' (as the same may be further amended, restated, extended or otherwise modified, the 'Prime Leas'), pursuant to which Prime Landlord leased to Sublessor certain premises (as the Abe amended, the "Prime Lease Pry) at the St. Lucie County International Airport same may (the "Air rrj,,.� WHEREAS,',sqblessee desires to sublet a part of the t required by thePrime Lease), me Lease miser, and dis wi ling ect lord (to the to sublet a Pa to the consent part of heLprime Lease Premises to Sublessee upon the terms and conditions hereinafter set forth; ration, including the mutual NOW, THEREEFORE, for set forthgheoein Sublessor and Sublessee covenant and agree as covenants and obligations follows: 1, venants, conditions and Grant oLease and of this Sublease, Sublessor herebect to the terms, y subleases o Sublessee provision of the Prime referred to as the and Sublessee hereby hires and takes from Sublessor certain hangar space ,Hangar Space', or the 'Premises') for a Albatross G-111 aircraft, Serial Number 7243, fr m Hangar Building 3135 (the "Hanaar Builc-01 ") at Registration Number N120FB (the "Aircra ) the Airport, together with the nonexclusive right of ingress and egress for pedestrian and vehicular areas located on the Prime Lease Premises designated by traffic upon, over and across those Sublessor from time to time, re rlthe dincegmo and from the Hangar Bumon use of occupants ilding, in order ow utilize and limited to the aircraft pey gain access to d further subject to the Prime Lease s and and Prime Landlord's rights thereunder. . se m time to time 2, Term. The term (the 'Term') of this Sublease shall be for a perms of (1) year nd shall expire on and shall commence o Fxrorafion date.) unless soon hated as hereinafter provided. September 30th, 2011 (the'— -- of the Premises for Pure° of If Sublessee, with Sublessors consent, takes possession that occupancy prior to the Com hilbe detemDed Date, oSt lune5decer allthetermsvenants acovenanttss, conditions possession and/or occupancy and provisions of his Sublease. 3. Rent. (a) Sublessee shall Pay to Sublessor (i) base rent (the "Base Rent') id in advance, o the first day of each for the Premises in the amount of $4,500d/emduotgbse�ffs or counterclaims for any reason month during thnth e Term, without any payablent due from and Sublessee whatsoever, Qi) any and all payments other the theagddfional Reny; the Additional Rent and the o Sublessor under this Sublease (collectively, of the Rent The first Base Rent, collectively, the "Ben and (iii) Florida mos shall be dueandtpayable by Sublessee month's Base Rent, sales tax and the Security Po should mmence or upon execution by Sublessee of this Sublease. In the event this Subleaseapplicable, hall be prorated expire on a day other than the efis t Or day on month,^within the Tas erre. and due and payable for only Of a nts (b) Sublessee shall be solely responsible for payment of all taxes and assess whichwhich are assessed against any any fixtures, equipment, machinery, goods or supp'� demised pursuant to this Sublease which Sublessee may bring or obtain upon the Premises (collectively, the'Sublesse ' Pro e ) prior to delinquency. (c) If any installment or payment of Rent, due from Sublessee is not received by Sublessor within ten (10) days of its due date, Sublessee shall pay to Sublessor a late charge of $.05 for each $1.00 which remains unpaid after such period. The parties agree that such late son Charge represents a fair and reasonable estimate of the costs that Sublessor will incur by Rent of late payment by Sublessee- In addition, in the event that Sublessee shall fail to pay any h the date paid at on its due date, the unpaid amount shall earn interest from the due but in ate event thn shall such Interest the annual rate ('Interest Rate') equal to twelve (12%) Pe Rate exceed the maximum rate permitted by law. tion fuel 4. Aviation Fuel Charges. Sublessee shall pay Sublessor ras and when as ch fuel purchased and services rendered to Sublessee by Sublessor at v{ation fuel that it shall or services are purchased or rendered. Sublessee agrees that t allso purchase at the Airport for Sublessee's Aircraft shall be exclusively purchased from be Sublessor, long as Sublessor sells Avgas 100LL aviation fuel; an so long as the pricecharged ss of the then current fair market payments ueand retail being charged Sublessee is not materially In excerida region. All paym payable by such Avgas 100LL aviation fuel in the Eastern Flo Sublessee to Sublessor pursuant to this Article 4 are collectively referred to herein as 'Avi n Fuel Charges.' 5, pelrvery of Pre lass" No Rearesentatiorg by SublessQr. Sublessee accepts ges that ent Date possession a the nor Stiles or'sIs' agents have made any representations orand n�nses with neither Sublessor n which lt is erected, or any respect to the physical affecticonditng on of to the Premithe Hangar ses, except as expressly set forth herein. other matter or thing affecting Ei Use. (a) Sublessee shall use the Hangar Space for the sole purpose of housing the Aircraft which is directly owned, leased, managed, operated by, and is otherwise in see the care, custody and control of, Sublessee. Sublesshall not store any other aircraft in the Hangar Building without the prior written consent of Sublessor. (b) Sublessee shall not use or, occupy, or permit the use or occupancy of the Premises or any part thereof, for any purpose other than that specifically set forth above, or In any manner which shall (i) adversely affect or interfere with the use and enjoyment by Sublessor or any other occupant of the Prime Lease Premises or the adjoining parcels owned by Prime rfere with any s Landlord, (ii) into ervices required to be famished by Sublessor to Sublessee or to any other tenant or occupant of the Prime Lease Premises or with the proper and economical rendition of any such service, iiibe in violation of any legal 'Requirements' (as defined in Article 12 hereof), or (iv) be in violation of the Prime Lease. 7. pefpu The occurrence of any of the following shall constitute a default by Sublessee: payable (a) Failure to pay Rent (including Additional Rent and any other er sums notice hereunder by Sublessee) when due, if such failure continues for ten (10) days thereof has been given to Sublessee by Sublessor, provided, however, that any such notice shall be in lieu of, and not in addition to, any notice that may be required now or hereafter, if any, under Florida law. 2 (b) Failure to perform any of the covenants or provisions of this Sublease to be observed or performed by Sublessee other than as specified in Section 7(a) hereof, where such failure to perform is not cured within thirty (30) days after written notice thereof has been given to using Sublessee by Sublessor. If such default cannot reasonably be cured within iodrftr�YGary not to good faith efforts, Sublessee shall be entitled to an additional),vide tthat the subject default is not exceed sixty (60) days from Sublessor's notice of default) p one which cannot thereafter be performed, and provided further thod aSubnd�thereafter di gently commenced to cure such default within the initial thirty (30) day peri and in good faith continues to cure such default. (c) (i) The filing of a petition for reorganization or arrangement and of substantially all to of bankruptcy; (it) the appointment of a trustee or receiver to take possession �� the Sublessee's assets located at the Premises or of Sublessee's interest in this Sublease; (i') attachment, execution or other judicial seizure of substantially all of a ublless !assets located ocnt t the at the Premises or of Sublessees interest in this Sublease; or (iv) general benefit of creditors. B. Sublessors Rem ies. Sublessor shall have the fol►owing remedies if a default by Sublessee as described in Article 7 hereof has occurred, which remedies r not exclusive but are cumulative and in addition to an remedies now or later allowed by or in equ!Y. (a) Without any further notice or demand, declarethe the from ended, resneer and the Premises or any part thereof, with due Process of law, exile l or all parties occupying the Premises or any part thereof, and repossess and enjoy the same without prejudice to any remedies that Sublessor might have by reason of all se amounts breach hereof. In such event, Sublessor shall be entitled to recover from Sublessee aIRent which accrued which rior to entitled to recover, pursuant to law and equity, including (i) any unpaid hich the is id Rent which the date of termination of this Sublease; plus (ii) the amount by Pa would have been earned after termination of this Sublease until the time of the award dexceeds ed; plus the amount of such rental loss that Sublessee proves could have been reasonably the amount by which the unpaid Rent for the balance of the Term after the time of the award voided; plus exceeds the amount of such rental t s that Sublessee eebl�or for all thd etciame^t proximately (iv) any other amount necessary compensate caused by Sublessee's failure to perform its obligations under this Sublease; and (iv) any other damages to which Sublessor shall be entitled under law or in equity. (b) if Sublessee shall default in the observance or performance of any term or covenant on SublesseWs part to be observed or performed under or by virtue of any of the terms or provisions in any Article and/or Section of this Sublease, a hetely orunless any timotherwise a rand provided elsewhere in this Sublease, Sublessor may without any obligation to deliver any notice other than as provided in Article 7 hereof, perform the obligation of Sublessee hereunder, and if Sublessor, in rent hereundennection r,h or in any expenditures or any default by Sublessee in the covenant to pay ' fees, in r incur; any obligations for the payment of money, including but not limited to attorneys instituting, prosecuting or defending any actions or proceeding, such sums so paid or obligations incurred with interest and costs shall be deemed to be oAfd�ndi al Rent of any bill hereunder or statement to paid by Sublessee to Sublessor within five (5) days expenditures Sublessee of such obligations, such sumr, and if the Term s shall bel have rrrecoverable by Sub me of klessor as damaging of such ed at the b or incurring (c) Take any action which Prime Landlord is permitted to take under the Prime Lease. (d) Sublessor shall be under no obligation to observe or perform any covenant of this Sublease on its part to be observed or performed which accrues after the date of any default by Sublessee hereunder. (e) The rights and remedies reserved to Sublessor herein, including those not specifically described, shall be cumulative, and except as provided by Florida statutory law in effect at the time, Sublessor may pursue any or all of such rights and remedies, at the same time or otherwise. 9. Utilities and Services. (a) Sublessor shall arrange with the public utility for gas, water, sewer, electricity, or other utility or service to be supplied to the Hangar Building (collectively, 'U81 ') as Sublessor deems appropriate and necessary. Sublessee expressly agrees that Sublessor shall not be liable in any way to Sublessee for any failure or defect in the supply or character of any Utilities fumished to the Hangar Building or for any loss, damage or expense which Sublessee may sustain or incur if either the said supply or character of the Utilities either fails or changes or is no longer available for Sublessee's use. (b) Sublessee's use of Utilities in the Premises shall not at any time exceed the capacity of any of the conductors, feeders, risers and equipment in or otherwise serving the Premises. 10. Maintenance and Repairs. (a) Subiessor, shall keep and maintain the structure (both interior and exterior), foundation and roof in working order and condition and make all necessary repairs and replacements thereto, reasonable wear and tear excepted. (b) Sublessee, at its sole cost and expense, shall make all repairs and maintenance to the Premises and its systems, improvements, equipment and property (whether structural or non-structural, interior or exterior) which are necessitated by the negligence, willful misconduct or breach of this Sublease by Sublessee and/or its agents, employees, contractors, invitees, or licensors. Notwithstanding anything in the contrary herein, Sublessor shall have the option to make all such repairs necessitated by the negligence, willful misconduct or breach of this Sublease by Sublessee and/or its agents, employees, contractors, invitees, or licensors, and in such case, Sublessee shall pay to Sublessor on demand, as Additional Rent, all charges incurred by Sublessor in connection with all maintenance, repairs and/or replacements made by Sublessor pursuant to this Section 10(b). 11. Indemnity: Insurance. (a) With the exception of any claims arising out of Sublessors, or its employees', agents' or contractors' fraud, willful misconduct or gross negligence, Sublessee shall indemnify and hold harmless Prime Landlord and Sublessor, and their respective officers, directors, members, principals, employees, agents, servants, contractors, subcontractors and invitees, from any and all claims, suits, costs and expenses, damages, losses, liabilities and obligations, including attorneys fees and expenses, arising out of (i) any default or failure to perform by Sublessee under this Sublease, (i) any act of Sublessee, and/or its officers, directors, members, a for principals, employees, agents, servants, contractors, subcontractors, vendors, passengers invitees ('collectively, 'Sublessee's Parties') (whether of omission or commission) which would result in a default under or breach of any term, covenant, provision or condition of the Prime Lease, or (iii) the possession, occupation or use of the Premises or the Prime Lease Premises by Sublessee and/or Sublessee's Parties. Sublessor shall have the right to enforce against Sublessee all of the duties and obligations set forth in the Prime Lease to the extent Sublessee has assumed same hereunder. (b) Sublessor and its agents, servants or employees shall not be liable for any iinc� to persons or for any loss of or damage to any of Sublessee's Property y property o resulting from any cause of whatsoever nature, including by theft or otherwise. Sublessor and its 4 agents will not be liable for any such loss, damage or injury, caused by other tenants or ase persons in, upon or about the Hangar Building or the Prime LePremises or caused by operations construction of any private, public or quasi public work. (c) Sublessee shall maintain in full force and effect during the Term, at Sublessee's expense, commercial general liability insurance, including aviation premises liability, products/completed operations coverage and broad form contractual liability coverage, insured by a carrier or carriers licensed to do business in the State of Florida, in e minimum amounts of Two Million Dollars ($2,000,000.00) per occurrence for bodilyinjuryor death and property damages. Sublessee shall maintain such insurance in full force and effect during the Term, naming Prime Landlord, Sublessor and Lender (as hereinafter defined in Section 26(a) of this Sublease) or any superior party of which Sublessor has advised Sublessee in writing, as additional insureds. Sublessee shall maintain such insurance which provides for a waiver of subrogation (waiver of right of recovery) in favor of Prime Landlord and Sublessor. Sublessee further agrees to comply with any revisions to the insurance provisions set forth above, which to revisions shall be provided to Sublessee in writing by Sublessor within thirty (30) days prior taking effect, provided the same are required of Sublessor either by Prime Landlord, the federal aviation authorities, or any other regulatory agency with jurisdiction to require the same of Sublessor's underwriters. (d) During the Term, Sublessee shall arrange for and maintain insurance for physical damage (hull coverage) in an amount of no less than the fair market value of the Aircraft Prime Landlord and Sublessor shall in no manner be held liable for (x) any direct, consequential and/or subsequential losses hereunder, including without limitation, resulting from any loss of or damage to the Aircraft or any aircraft in Sublessee's care, custody and control or the loss of use thereof, or (y) uninsured damage to such aircraft and/or perceived damage, whether determined by any insurance carrier and/or a third party. Sublessee shall direct its insurer to waive any rights of subrogation (rights of recovery) against Prime Landlord and Sublessor. (a) Sublessee shall maintain in full force and effect during the Tenn, at Sublessee's expense, worker's compensation coverage that provides applicable statutory benefits and Employer Liability Coverage in an amount of not less than One Million Dollars ($1,000,000.00) covering all employees of Sublessee. All such insurance policies shall be issued by a carrier or carriers licensed to do business in the State of Florida. (f) On Sublessee's default in obtaining or delivering any policy or policies required hereunder or failure to pay the charges therefor, Sublessor may secure or pay the charges for any such policy or policies and charge Sublessee as Additional Rent therefor. (g) Sublessee, on behalf of itself and on behalf of anyone claiming under or through it by way of subrogation or otherwise, waives all rights and causes of action against Sublessor and Prime Landlord, and their respective officers, employees, agents and invitees, and shall cause, at Sublessee's cost, Sublessee's insurer to waive such rights and causes of action, for anyliability arising out of any loss or damage in or to the Premises, its contents and other property o or controlled by Sublessee. However, if Sublessee's insurance carrier prohibits waiver of subrogation regardless of premium, then Sublessor and Prime Landlord shall be added to Sublessee's policy(ies) as named insureds (i.e., policy holders). (h) Sublessee shall deliver to Sublessor promptly upon the execution hereof a certificate or certificates of insurance evidencing the insurance coverage required to be obtained under this Sublease by Sublessee, and requiring the insurer to give to Prime Landlord and Sublessor not less than thirty (30) days' prior written notice of any adverse modification or cancellation of such coverage. 12. Compliance with Laws. Prior to the commencement of the Term, if Sublessee is then in possession, and at all times thereafter, Sublessee, at its cost shag comply with all present and future laws, statutes, ordinances, orders and regulations of all state, federal, municipal and local governmental authorities (including departments, commissions and boards) and any direction of any public officer pursuant to law, and all orders, rules and regulations of the applicable Board of Fire Underwriters or the State Insurance Commissioner or any similar body (collectively, the 'Requirements') which shall impose any violation, order or duty upon Sublessor or Sublessee with respect to the Premises, arising out of Sublessee's use or manner of use of the Premises or the Hangar Building. 13. Incorporation and Termination of Prime Lease. Notwithstanding anything to the contrary herein (a) this Sublease and all of Sublessee's rights hereunder are and shall remain in all respects subject and subordinate to all of the terms and provisions of the Prime Lease and any and all amendments of the Prime Lease and supplemental agreements relating thereto hereafter made between the Sublessor and Prime Landlord; and (b) all of the terms of the Prime Lease are hereby incorporated by reference into this Sublease (provided, however, that all references to the 'Lessor' in the Prime Lease shall be deemed to refer to Sublessor hereunder and all references to the 'Lessee' in the Prime Lease shall be deemed to refer to Sublessee hereunder). Sublessee agrees not to do, or cause to be done, any act (whether of omission or commission) which would result in a default under or breach of any term, covenant, provision or condition of the Prime Lease. Sublessee shall not have any expansion or similar rights under the Prime Lease, or any rights to cancel, terminate, extend or renew the term of the Prime Lease. Notwithstanding the incorporation herein of the Prime Lease or anything otherwise contained in this Sublease to the contrary, Sublessor shall not be obligated to render or provide any of the services required to be provided by Prime Landlord under the Prime Lease. If Prime Landlord fails to provide any services or to perform any of said duties or obligations which Sublessee is entitled to receive hereunder, Sublessee shall give written notice of such failure to Sublessor. Upon receipt of such notice, Sublessor, as its sole obligation to Sublessee, shall promptly so notify Prime Landlord and make demand upon Prime Landlord to so perform, but Sublessor shall have no obligation to institute litigation or expend any funds, nor shall Sublessor be otherwise liable to Sublessee on account of, any act or omission of Prime Landlord, any default by Prime Landlord, or breach by Prime Landlord of any term, covenant or condition of the Prime Lease, respectively, or any failure by Prime Landlord to perform any of its obligations under the Prime Lease. In the event of a conflict between the terms of this Sublease and the terms of the Prime Lease, the terms of this Sublease shall prevail. 14. Notices under Prime Lease. Sublessee shall promptly give written notice to Sublessor of (1) all claims, demands or controversies by or with Prime Landlord under the Prime Lease, (ii) any events which relate to the Premises that require that Sublessor give notice to Prime Landlord under the Prime Lease, (iii) any injury, death, or property damage arising out of, or in the course of conducting Sublessee's business, or ('iv) any act (by commission or omission) by Sublessee that would constitute a default under the Prime Lease. Sublessee shall deliver to Sublessor copies of all notices delivered to and/or received from Prime Landlord. 15. Alterations to Premises. Sublessee shall not make any improvements and/or alterations to the Premises (collectively, 'Alterations"), without first receiving the prior written consent of Sublessor, Prime Landlord (to the extent required by the Prime Lease), and, as ('FAA) and any other governmental authority having required, the Federal Aviation Administration jurisdiction thereof. Any such consent may be withheld or conditioned in Sublessors sole discretion. 16. Subletting and Assignment (a) Sublessee shall not assign, sublease, license, mortgage, transfer or otherwise encumber the Sublease, or any portion thereof, without obtaining (i) Sublessor's prior written consent in each and every instance, which consent may be given or withheld in Sublessors sole discretion, and (ii) to the extent required under the Prime Lease, the 6 12. Compliance with Laws Prior to the commencement of the Term, if Sublessee is then in possession, and at all times thereafter, Sublessee, at its cost, shall comply with all present and future laws, statutes, ordinances, orders and regulations of all state, federal, municipal and local governmental authorities (including departments, commissions and boards) and any direction of any public officer pursuant to law, and all orders, rules and regulations of the applicable Board of Fire Underwriters or the State Insurance Commissioner or any similar body (collectively, the 'g ogirementie) which shall impose any violation, order or duty upon Sublessor or Sublessee with respect to the Premises, arising out of Sublessee's use or manner of use of the Premises or the Hangar Building. 13. Incorporation and Termination of Prime Lease. Notwithstanding anything to the contrary herein (a) this Sublease and all of Sublessee's rights hereunder are and shall remain in all respects subject and subordinate to all of the terms and provisions of the Prime Lease and any and all amendments of the Prime Lease and supplemental agreements relating thereto hereafter made between the Sublessor and Prime Landlord; and (b) all of however, that that all references to the s of the Prime Lease are hereby incorporated by reference into this Sublease (p 'Lessor' in the Prime Lease shall be deemed to refer to Sublessor hereunder and all references to the 'Lessee' in the Prime Lease shall be deemed to refer to Sublessee hereunder). Sublessee agrees not to do, or cause to be done, any act (whether of omission or commission) which would result in a default under or breach of any term, covenant, provision or condition of the Prime Lease. Sublessee shall not have any expansion or similar rights under the Prime Lease, or any rights to cancel, terminate, extend or renew the term of the Prime Lease. Notwithstanding the incorporation herein of the Prime Lease or anything otherwise contained in this Sublease to be o the contrary, Sublessor shall not be obligated to render or provide any of the services required provided by Prime Landlord under the Prime Lease. If Prime Landlord fails to provide any services or to perform any of said duties or obligations which Sublessee is entitled to receive hereunder, Sublessee shall give written notice of such failure to Sublessor. Upon receipt of such notice, Sublessor, as its sole obligation to Sublessee, shall promptly so notify Prime Landlord and make demand upon Prime Landlord to so perform, but Sublessor shall have no obligation to institute litigation or expend any funds, nor shall Sublessor be otherwise liable to Sublessee on account of, any act or omission of Prime Landlord, any default by Prime Landlord, or breach by Prime Landlord of any term, covenant or condition of the Prime Lease, respectively, or any failure by Prime Landlord to perform any of its obligations under the Prime Lease. In the event of a conflict between the terms of this Sublease and the terms of the Prime Lease, the terms of this Sublease shall prevail. 14. Notices under Prime Lease. Sublessee shall promptly give written notice to Sublessor of (i) all claims, demands or controversies by or with Prime Landlord under the Prime Lease, (ii) any events which relate to the Premises that require that Sublessor give notice to Prime Landlord under the Prime Lease, (iii) any injury, death, or property damage arising out of, or in the course of conducting Sublessee's business, or (iv) any act (by commission or omission) by Sublessee that would constitute a default under the Prime Lease. Sublessee shall deliver to Sublessor copies of all notices delivered to and/or received from Prime Landlord. 15. Alterations to Premises. Sublessee shall not make any improvements and/or alterations to the Premises (collectively, ' ns'), without first receiving the prior written consent of Sublessor, Prime Landlord (to the extent required by the Prime Lease), and, as required, the Federal Aviation Administration ('FAA') and any other governmental authority having jurisdiction thereof. Any such consent may be withheld or conditioned in Sublessoes sole discretion. 16. Subletting and Assignment (a) Sublessee shall not assign, sublease, license, mortgage, transfer or otherwise encumber the Sublease, or any portion thereof, without obtaining (i) Sublessors prior written consent in each and every instance, which consent may be given or withheld in Sublessees sole discretion, and (ii) to the extent required under the Prime Lease, the 6 consent of Prime Landlord, which consent shall be requested by Sublessor and may be given or withheld in accordance with the terms of the Prime Lease. (b) If this Sublease be assigned, whether or not in violation of the terms of this Sublease, Sublessor may collect rent from the assignee. The consent by Sublessor to an assignment, transfer, encumbering or subletting pursuant to any provision of this Sublease shall not in any way be considered to relieve Sublessee from obtaining the express prior consent of Sublessor and, to the extent required by the Prime Lease, Prime Landlord to any other or further assignment, transfer, encumbering or subletting. (c) If Sublessee desires to enter into an assignment of this Sublease or to sub - sublease all of the Premises to a bona fide third party assignee or sub -subtenant, Sublessee shall give to Sublessor notice ('Sublessee's Notice') thereof, which notice shall include a conformed or photostatic copy of the proposed assignment or sub -sublease document and all related agreements, together with a term sheet signed by an officer or principal of Sublessee containing (x) all material terms and conditions in connection with the proposed assignment or sub -sublease, the proposed effective or commencement date of which shall be at least thirty (30) days after the giving of such notice, (y) a statement setting forth in reasonable detail the identity of the proposed assignee or sub -subtenant, the nature of its business and its proposed use of the Premises. (d) No assignment of this Sublease by Sublessee shall be valid until Sublessee shall have delivered to Sublessor (x) a duplicate original instrument of assignment in form and substance satisfactory to Sublessor and Prime Landlord (to the extent Prime Landlord's consent is required under the Prime Lease), duly executed by Sublessee, and (y) an agreement, in form and substance satisfactory to Sublessor and Prime Landlord (to the extent Prime Landlord's consent is required under the Prime Lease), duly executed by the assignee, whereby the assignee shall unconditionally assume observance and performance of all of the terms and conditions of this Sublease on Sublessee's part to be observed or performed. 17. Notices. All notices or other communications required or permitted to be given pursuant to this Sublease shall be in writing and shall be considered as properly given or made (1) upon the date of personal delivery (if notice is delivered by personal delivery), (ii) on the date of delivery, as confirmed by electronic answerback (if notice is delivered by facsimile transmission), (iii) on the day one (1) 'Business Day' (defined below) after deposit with a nationally recognized overnight courier service, or (Iv) on the third (3rd) Business Day following mailing from within the United States by first class United States mail, postage prepaid, certified mail return receipt requested, and in any case addressed to the parties at the addresses set forth below (or to such other addresses as the parties may specify by due notice to the other): if to Sublessor. Treasure Coast FBO, LLC c!o Key Air, LLC 3 Juliano Drive Oxford, CT 06478 Attention: C.F.O. Fax: 203-267-6165 With a Copy to: c/o Rizvi Traverse LLC so B�Street Management 380 Birmingham, Michigan 48009 Attention: President Fax: (248) 594-4754 If to Sublessee: Steve Sorell Aviation, Inc. 3101 Airmans Drive Ft Pierce, Florida 34996 Attention: Steve Sorell Fax: 772-465-2505 As used herein, the temp Business Day' shall mean any day other than (a) a Saturday or a Sunday, (b) a national holiday, or (c) a day on which banks are not required to be open for business within the State of Florida. 18. Brokers. Sublessee and Sublessor each represents and warrants that it has not dealt with any realtor, broker, or finder in connection with this Sublease or the Premises. Each party shall indemnify and hold harmless the other party from any damage, cost, expense (including reasonable attorneys' fees and expenses) or liability arising out of any claim for a commission or finder's fee incurred by reason of any act, commission or statement of the indemnifying party. 19. Non -Waiver. The failure of Sublessor to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Sublease, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. No delay or omission of Sublessor to exercise any right or remedy shall be construed as a waiver of any such right or remedy or of any default by Sublessee hereunder and no waiver or modification by either party hereto of any covenant, term, provision, condition or election right, of this Sublease shall be deemed to have been made unless set forth in writing and executed by duly authorized representatives of all parties hereto. No surrender of possession of the Premises or of any part thereof shall release Sublessee from any of its obligations hereunder unless accepted by a duly authorized representative of Sublessor in writing. The receipt and retention by Sublessor of Base Rent and/or Additional Rent from Sublessee or anyone other than Sublessee, whether with or without knowledge of any preceding default or breach of any covenant, term, provision or condition contained in this Sublease to be performed by Sublessee, shall not be deemed a waiver by Sublessor of such default or breach or the acceptance of such other person as a subtenant, or a release of Sublessee from covenants, terms, provisions or conditions contained in this Sublease, or a waiver of Sublessor's right to exercise any available remedy by virtue of such default or breach. 20. Force Maieure. Subject to the limitations set forth below, delay in performing or failure to perform any obligation imposed on Sublessor or Sublessee under this Sublease shall not be deemed a default under or a breach of this Sublease if such delay or failure results from a 'force majeure' (defined below) and the party so affected shall have given written notice promptly to the other parties of the force majeure. The term 'force majeure shall mean an act of God, flood, fire, explosion, breakdown of plant, strike, lockout, labor dispute, casualty or accident, war (declared or undeclared), revolution, cnnl commotion, acts of public enemies, blockage or embargo, or any injunction, law, order, proclamation, regulation, ordinance, demand or requirement of any government or any subdivision or representative thereof of any other cause whatsoever, beyond the reasonable control of the party involved (except that failure to pay Rent due hereunder shall not be subject to force majeure). The party affected by force majeure shall use reasonable efforts to remove the cause thereof; and, performance of the obligation so affected shall be suspended for so long as the force majeure shall prevent or delay performance and for an additional thirty (30) days. 21. Intentionally Omitted. 22. Parking. Sublessor shall provide for Sublessee, its employees, invitees and agents, at no additional cost to Sublessee, the non-exclusive use of 3 parking spaces during the Term, in the parking lot area, subject to Prime Landlord's rights and obligations, if any, as to the same. 23. Fixtures and Eauioment. Sublessee shall obtain Sublessor's prior written consent prior to the installation, attachment or affixation by bolts or otherwise of Sublessee's equipment, machinery or fixtures to the Premises. Any machinery, equipment and fixtures installed upon, attached or affixed to the Premises by Sublessee shall be removed by Sublessee (at its cost) at the expiration or earlier termination of this Sublease, and Sublessee (at its cost) shall repair any damage to the Premises caused by such removal. 24. Quiet Eniovment. Subject to the Prime Lease and any leasehold mortgage to which Sublessors leasehold interest is subject, upon payment of the Rent and performance of the covenants set forth in this Sublease on the part of Sublessee to be paid and performed, Sublessor covenants and agrees that Sublessee shall peaceably and quietly have, hold and enjoy the Premises and all rights, easements, appurtenances and privileges belonging or in anywise appertaining thereto during the entire Tern. 25. Recordina. Sublessee shall not record, or permit the recording of, this Sublease or any memorandum hereof. 26. Subordination. (a) Sublessee agrees that this Sublease and Sublessee's interest hereunder shall be subject and subordinate to all existing and/or future security agreements, mortgages, deeds of trust and assignments of leases and rents, encumbering the Premises and/or Sublessors leasehold interest in the Premises, as well as any easements granted to any governmental or quasi governmental authority or body or any utility company. Sublessee shall attom to and be bound to any holder of a mortgage encumbering the Premises and/or Sublessors leasehold interest in the Premises ('Len r'), upon receipt of a notice from Lender requiring such attomment, and such attomment shall be effective and self -operative without the execution of any further instrument. Upon request of Sublessor or any Lender, Sublessee agrees to promptly execute and deliver any and all documents subordinating its right under this Sublease and/or evidencing such attomment, as aforesaid within seven (7) days of a request by Sublessor or any Lender. The word 'mortgage as used herein includes, but is not limited to, mortgages, deeds of trust, or similar instruments and any amendments, modifications, consolidations, extensions, renewals, restatements, replacements or substitutions thereof. This subordination shah be automatically effective at such time or times as any and all future easements, security agreements and/or mortgages come into existence without the necessity for Sublessee to execute any further instruments. (b) If there is existing financing, and provided that Sublessee shall have been previously furnished a notice of the existence of a Lender and such Lenders name and address, Sublessee shall notify each such Lender of each material default by Sublessor under this Sublease, simultaneously with (and in the same manner as) the giving of notice of such material default to Sublessor by notice to Lender at such address as shall be set forth in a notice from Lender to Sublessor and Sublessee. Lender shall have a reasonable right, but not the obligation, to cure any such material default by Sublessor under this Sublease after the expiration of any applicable cure period to which Sublessee is entitled. (c) This Sublease and all of Sublessee's rights hereunder are and shall remain in an respects subject and subordinate to (i) all of the terms and provisions of the Prime Lease, (h) any and all amendments of the Prime Lease or supplemental agreements relating thereto hereafter made between Prime Landlord and Sublessor, provided, however, that Sublessor shall not enter into any such amendments or supplemental agreements that shall (1) materially adversely affect Sublessee's rights hereunder, (2) increase Sublessee's obligations hereunder other than in an immaterial way, (3) decrease the size of the Premises, or (4) shorten the Term hereof, and (in) any and all matters to which the tenancy of Sublessor, as tenant under the Prime Lease, is or may be subordinate. Sublessee shall in no case have any rights under this Sublease greater than Sublessors rights as tenant under the Prime Lease. The foregoing provisions shall be self - operative and no further instrument of subordination shall be necessary to effectuate such 9 provisions unless required by Prime Landlord or Sublessor, in which event Sublessee shall, upon demand by Prime Landlord or Sublessor at any time and from time to time, execute, acknowledge and deliver to Prime Landlord and Sublessor any and all instruments that Prime Landlord or Sublessor may deem reasonably necessary or proper to confirm such subordination of this Sublease, and the rights of Sublessee hereunder. Sublessee hereby appoints Sublessor its attorney in fact, coupled with an interest, for the purpose of executing any such instrument of subordination if Sublessee shall fail to execute, acknowledge and/or deliver any such instrument of subordination within seven (7) days after Prime Landlord's or Sublessors demand therefor. (d) Sublessee acknowledges that in the event of a termination of the Prime Lease or re- entry or dispossess by Prime Landlord under the Prime Lease, Prime Landlord may, at its option, take over all of the right, title and interest of Sublessor hereunder and Sublessee agrees that it shall, at Prime Landlord's option, attom to Prime Landlord pursuant to the then executory provisions of this Sublease, except that Prime Landlord shall not (i) be liable for any previous act or omission of Sublessor under this Sublease, (ii) be subject to any offset not expressly provided in this Sublease, which theretofore accrued to Sublessee against Sublessor, or (III) be bound by any previous modification of this Sublease (which is made without Prime Landlord's consent) or by any previous prepayment of more than one month's Rent (e) The consent of Prime Landlord shall be required in connection with any act which requires the consent of Prime Landlord pursuant to the terms of the Prime Lease, notwithstanding that a particular provision herein may not require Prime Landlord's consent or states that only Sublessors consent is required. 27. Sublesssors Insurance. Sublessor shall at all times during the Term, at Sublessors sole expense, maintain a policy or policies of insurance with premiums thereon fully paid in advance, insuring the Hangar Building against loss or damage by fire, explosion, or other hazards and contingences for the full replacement value thereof, provided, however, that Sublessor shall not be obligated to insure all or any portion of Sublessee's Property. Sublessor shall be responsible for any deductibles, self -insured retentions or under insured exposures. 28. Damaae and Destruction. (a) If the Premises are damaged or destroyed in whole or in part by fire or other casualty at any time during the Term and if after such damage or destruction Sublessee is not able to use the Premises to substantially the same extent and for substantially the same purpose as Sublessee used the Premises prior thereto, and Sublessor is unable to repair or restore Sublessee's use of the Premises, then either Party may elect, upon written notice, to terminate this Sublease effective on the date of such damage or destruction. (b) If such damage or destruction occurs, then the Rent shall be proportionately abated to the extent the Premises are untenantable from the date of such damage or destruction until the date of restoration or termination, as applicable. (c) Sublessee acknowledges that Sublessor will not (and will not have any obligation to) cant' insurance on any improvements to the Premises or Sublessee's Property and agrees that Sublessor will not be obligated to repair any damage thereto or replace the same. Sublessor shall not be liable for any inconvenience or annoyance to, or loss suffered by, Sublessee due to Interruption of Subiessee's business. 29. Condemnation. (a) If all or substantially all of the Premises are appropriated or taken for any public use by virtue of eminent domain or condemnation proceedings, or if by reason of law, ordinance, or by court decree, whether by consent or otherwise, the use of the Premises by Sublessee for any of the specific purposes referred to in the Prime Lease or this Sublease shall be prohibited, or a partial taking renders the Premises untenantable for the intended purpose of this Sublease, then Rent shall be paid only to the time when Sublessee surrenders possession of the Premises. 10 (b) In the event of any condemnation or taking, total or partial, Sublessee shall not be entitled to any part of the award or permissive sale proceeds paid in lieu thereof, and Sublessee hereby expressly waives any right or claim to any part thereof and agrees that Sublessor shall receive the full amount of such award or permissive sale proceeds, provided, however, that Sublessee shall have the right to seek from the condemning authority a separate award for moving expenses and other costs, if permitted under the Prime Lease. 30. Security. (a) Sublessee shall observe all security requirements of Federal Aviation Regulations ('FAR') Part 107, the Transportation Security Regulations issued by the Transportation Security Administration CIIAA'), the Homeland Security Act of 2002, The Aviation and Transportation Security Act of 2001, and similar laws or regulations, and the Airport security program adopted and carried out pursuant to, and in accordance with, the Transportation Security Regulations (the 'Airport Securtlajr Program'), as they may be amended hereafter (collectively, the 'Security Regulations'), and shall take such steps as may be necessary or directed by Sublessor or Prime Landlord to make reasonable efforts to ensure that Sublessee's Parties observe such requirements. (b) If Sublessor and/or Prime Landlord incur any fines and/or penalties imposed by the FAA or any expense in enforcing the Security Regulations as a result of the particular acts of Sublessee and/or Sublessee's Parties, Sublessee agrees to pay and/or reimburse all such fines and penalties, as well as any costs and expenses related thereto. 31. Environmental Matters. (a) Sublessee shall comply with all applicable federal, state and local environmental laws, ordinances, regulations and permits (collectively, 'Environmental Laws'). Sublessee shall not use, handle, generate or store at the Premises any hazardous substances, hazardous wastes, toxic materials, chemicals, petroleum substances or pollutants (collectively, 'Regulated Substances'), except in strict compliance with all Environmental Laws. Sublessee shall be solely responsible for the proper removal and off -site disposal, in compliance with Environmental Laws, of all Regulated Substances generated by Sublessee and/or by Sublessee's Parties at the Premises. Prior to the termination of this Sublease and Sublessee's subsequent surrender of the Premises, irrespective of the nature of such termination, Sublessee represents that it will and covenants to remove all Regulated Substances related to its operations, including, but not limited to, such operations of Sublessee's Parties, from the Premises and coordinate the proper off -site disposal of such Regulated Substances. (b) Sublessee shall indemnify, defend and forever hold harmless Sublessor, Prime Landlord and their respective officers, directors, members, principals, employees, agents, servants, contractors, subcontractors and invitees from and against any and all damages, fines, costs, and penalties, including any penalty or fine imposed by any government agency and the expense of addressing contamination which meets or exceeds established cleanup levels to the extent required by Environmental Laws or by a government agency exercising jurisdiction over the contamination, as well as any and all reasonable attorneys' and consultant fees associated therewith (collectively, 'Environmental Damages') to the extent caused by the acts or omissions of Sublessee and/or Sublessee's Parties relating to the use and occupancy of the Premises. (c) The provisions of this Article 31 shall survive the expiration or earlier termination of this Sublease. 32. Consent of Prime Landlord. This Sublease and the rights and obligations of the parties hereto are expressly contingent upon Prime Landlord's consent, as provided in and to the extent required under the Prime Lease. If Prime Landlord's consent is required and shall not have been obtained within 90 days after request therefor, then thereafter, at any time prior to receipt of such consent, Sublessor may elect to terminate this Sublease by delivery of written notice of such election to Sublessee. 11 33. Miscellaneous. If any of the express provisions of this Sublease shall conflict with any of the provisions of the Prime Lease that are incorporated herein by reference, such conflict shall be resolved in every instance in favor of this Sublease, provided, however, that any greater or more specific obligations imposed on Sublessee pursuant to the terms of this Sublease shall not be deemed to be in conflict with the applicable provisions of the Prime Lease and shall be binding on Sublessee. If any term or provision of this Sublease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Sublease, or the application of such term or provision to persons or circumstances other than such persons or circumstances as to which such term or provision is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Sublease shall be valid and shall be enforced to the fullest extent permitted by law. This Sublease shall be deemed to have been made in the State of Florida and shall be interpreted in accordance with the law of the United States and the law of the State of Florida. Any litigation between the parties arising out of this Sublease shall be conducted in the U.S. District Court for the District of Florida or Florida State Court, except as otherwise provided in the Prime Lease. Prime Landlord and Sublessor shall be entitled to any rights of entry and inspection of the Premises as permitted under the Prime Lease. 34. Surrender. Upon the expiration or earlier termination of this Sublease, Sublessee shall remove its personal property and quit and surrender the Premises in the same condition in which they are required to be kept throughout the Term, in broom clean condition, reasonable wear and tear and damage by fire or other casualty, excepted. If Sublessee holds over after the expiration or earlier termination of the Term without the written consent of Sublessor and, to the extent required by the Prime Lease, Prime Landlord, Sublessee shall become a tenant at sufferance only and, for the time Sublessee thus holds over, in addition to all other charges due Sublessor from Sublessee under this Sublease, Sublessee shall pay Sublessor rent at a monthly rate equal to two times the monthly installment of Base Rent due Sublessor under this Sublease. 35. Limitations of Recourse. The term "Sublessor" as used in this Sublease means only the tenant under the Prime Lease, or the Lender in possession of the Prime Lease Premises, so that in the event of a transfer of Sublessors interest under the Prime Lease, the transferor shall be and hereby is entirely freed and relieved of all covenants and obligations of Sublessor hereunder. In the event of any actual failure, breach or default hereunder by Sublessor, Sublessee's sole and exclusive remedy shall be against Sublessors interest in the Premises, and in no event shall any action or claim be brought against or satisfied out of any other assets of Sublessor or any other assets of any individual, member and/or entity comprising Sublessor or any other assets of the agents, servants or employees of Sublessor for any claim of any damages of any kind, nature or description. Sublessee hereby waives any and all claims and rights to recover consequential damages or lost profits arising from Sublessors default or breach hereunder. 36. Entire Agreement This Sublease contains the entire understanding and agreement between Sublessor and Sublessee as to the subleasing of the Premises. It shall not be modified or amended except by a written agreement executed by duly authored representatives of such parties. 37. Security Deposit. Simultaneously with its execution of this Sublease, Sublessee is depositing with Sublessor a sum equal to the first month's Base Rent as security for the faithful performance and observance by Sublessee of the terms, provisions and conditions of this Sublease. Sublessor shall be entitled to any interest accrued thereon. In the event Sublessee defaults in respect of any of the terms, provisions and conditions of this Sublease, including, but not limited to, the payment of Rent, or other payments due hereunder, Sublessor may use, apply or retain the whole or any part of the security so deposited (plus interest earned, if any) to the extent required for the payment of any Base Rent and Additional Rent or any other sum as to which Sublessee is in default or for any sum which Sublessor may expend or may be required to expend by reason of Sublessee's default in respect of any of the terms, covenants and 12 conditions of this Subbase, including but not limited to, any damages or deficiency in the re -letting of the Premises, whether such damages or deficiency accrued before or after summary proceedings or other re-entry by Sublessor. In the event of a sale of the land and the Hangar Building or leasing of the Hangar Building of which the Premises form a part, Sublessor shall have the right to transfer the security to the vendee or lessee and Sublessor shall thereupon be released by Sublessee from all liability for the return of such security deposit, and Sublessee agrees to look solely to the new Sublessor for the return of said sect rityr deposit The provisions hereof shall apply to every transfer or assignment made of the security deposit to a new landlord. Sublessee further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Sublessor nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. 38. Access to Premises. Sublessor, Prime Landlord or their respective agents, employees or contractors shall have the right (but shall not be obligated) to enter the Premises in any emergency at any time, and, at other reasonable times, to examine the same and to make such repairs, replacements and improvements as Sublessor may deem necessary and reasonably desirable to any portion of the Hangar Building. Sublessor may, during the progress of any work in the Premises, take all necessary materials and equipment into the Premises, and such work and entry shall not constitute an eviction and shall not entitle Sublessee to any abatement of Rent while such work is in progress, or any damages by reason of loss or interruption of business or otherwise. 39. Naming Rights. Sublessee agrees that Sublessee shall have no right to, or interest in, the name 'St Lucie County International Airport" or any replacement name therefor, and Sublessee shall not, in any manner, use such words in the promotion of Sublessees business. Sublessee agrees not to publish, display or distribute any advertising or notices using such names without first having obtained the written approval of Sublessor and Prime Landlord. 40. Waiver. Sublessee waives the provisions of any statutes which (a) relate to termination of leases when the Premises are destroyed, and (b) allow a tenant to make repairs and deduct the cost of such repairs from the Rent Sublessee agrees that such event shall be governed by the terms of this Sublease and not by any such statutes. 41. Survival. All indemnities set forth in this Sublease shall survive the expiration or early termination of this Sublease. 42. Litigation Expenses. In the event that Sublessor or Sublessee commences, engages in, or threatens to commence or engage in any legal action or proceeding against the other party (including default notices, litigation or arbitration) arising out of or in connection with this Subbase, the Premises, or the Hangar Building (including the enforcement or interpretation of either party's rights or obligations under this Sublease, whether in contract, tort, or both, or the declaration of any rights or obligations under this Sublease), Sublessor shall recover its attorneys' fees, disbursements and court costs from Sublessee in connection with such matter, unless Sublessee shall obtain a final, unappealable judgment against Sublessor in an action thereon. The provisions of this paragraph shall survive the termination or expiration of this Sublease. 43. Estoocels. At any time and from time to time within ten (10) days after a written request from Sublessor or Lender, Sublessee shall execute, acknowledge and deliver to the requesting party a written statement certifying (i) that this Sublease has not been modified and is In full force and effect or, if there has been a modification of this Sublease, that this Sublease is in full force and effect as modified, and stating such modifications, (ii) the dates to which the Base Rent, Additional Rent and other charges hereunder have been paid, (ii) that to the best of Sublessee's knowledge, no defaults exist under this Sublease or, if any defaults do exist, specifying the nature of each such default and (iv) as to such other matters pertaining to the terms of this Sublease as the requesting party may reasonably request UK] 44. Principles of Construction. All uses of the word 'including' in this Sublease shall mean 'Including, without limitation' unless the context shall indicate otherwise. IN WITNESS WHEREOF, the parties hereto have executed this Sublease by their duly authorized representatives as of the date first above written. TREASURE COAST FBO, LLC, a Delaware limited liability company BY: St Lucie Airport Holdings, LLC, a Delaware limited liability company, its sole member and manager BY: Name: Eppt C&1e45rt* Its: Gig Ua � 0AV4f STEVE SORELL AVIATION, ��a BY: �J Names Tc vt 5aPle Its: fre54- Z 14 -8-2007 20:32 FROM: TO:4646686 P.1/3 W END22 (0109) Page 1 of 1 ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES Policy Number. W4005159 Endorsement 0'. 11 Named Insured. Steve Scroll Avindon, Inc Company: Cadin lnwxwoe Company. Inc. Efbdve Date: 0901=10 Avletion Managers: nt2" Date Issued: 09/09/2010 Thh ardoruffwN Is part of your po&v ww akae ~an" albowe dare of yew pe ft tafto wm0 wetbedw dole b slim above. THIS ENDORSE IENIT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. It Is hereby understood and agreed that this endorsement amends the pd(cy as shown below. 1. Designation of Promises (Pad Leased to You): That pardon occupled by the Named Insured at: St. Lu le County Intemalonel Airport, Fort Pierce, FL 2. Name of Person or Orpanb ation (Additional Insured): Key Air, LLC 3131 Jet Center Terrace Fort Pierce, FL 33310 Secdoa p —Who Is an Insured is amended to Include as an insured the person(s) at oryarAcadons(a) shown h the schedule, but only with respect to IabtTty atWg out of your aviation operadone or the rnrmw a 4a or use of that pert of the premises based to you and shown In the schedule and subject to the following additional exckrslons: Thie Insurance does not apply to: 1. Any occurrence which takes place albr you cease to be a tenant In that promises. 2. Structural alt r adorns. new construction and dowildorn operadons performed by or for the person(s) or wgariladon(s) shown In the Schedule. 3. Badly I*1 arising out of the Additional Ineured'e providing or fa1Mg to provide professional health cars services, Aji other terms and conditions of the policy rosin unehangsd. TH13 ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. End of Endorsement — NAF EN022 (0109) NAP END22 (0109) Fndersernwd sjj_ •Pape 1 of 1 NOU-8-2007 20:32 FROM T0:4646686 P.2/3 POLICY NO.: W4006159 ATTACHED TO CERTIFICATES.& CERTIFICATE OF INSURANCE THIS IB TO CERTIFY TO: Key Air, LLC 3131 Jet Center Terrace Fort Pierce. FL 33316 THAT THE FOLLOWINS POLICY OF Steve Soreli Avlatim. Inc. 3101 Aimnans Drive Ft Pierce, FL 34M INSURANCE HAS BEEN ISSUED TO: POLICY NUMBER: NAF4006159 POLICY PERIOD: From April 4, 2010 To Aid 4.2011 INSURANCE COMPANY: Catlin Inures Company. Inc. DESCRIPTION OF COVERAGES AND UNITS OF LIABILITY: Please refer to agsched schedule which Is Incorporated n a part hereof. Designation of Premises is (Part Leased to You): St Ludt County Iniem clonal Airport. Fort Pierce, FL That portion occupied by the Named Insured at Name of Person or OMani tedoon (Additional Insured): Key Air, LLC As respects the above certificate holder_ Section II • Who is an Insured is amended to kWuds as an insured the parw(s) or *Mwdzstions(a� but only wAh respect to k6 ty jddV out of the Named Insured's evistlon operatlons at the maintenance or use of that part of the premises leased to the Named Inured and shown above. Subject to Data ChwW RecoWftn Endorsement Data Included in this Certlllaste valid as of 8eptember 0. 2010. This cerdtcate of kwuranoe is not an Insurance policy and does not annend, extend or alter the coverage sllorded by the policy listed herein. Notwithstanding any requiremarn, term or condldon of any contract or other document wkh respect to vA*h this certecals of hsuance may be "" or may pertain. the insurance afforded by the pd[ay described herein Is K"eat to &I the terrns, exclusions and conditions of such POW". Shouldthe descr bed poficy be concelled before the ex*sdon date hereof. the Issuing company will endeavor to give 30 dsys (10 days for nornpeyrtw * notloe to the owdil eats holder named herein. However, Muse to mal such notice shall not impose any obBgaton nor arty WAY of any kind upon the Company, its representatives or agsnls. By. W. Brown & Associates insurance $WAM Dabs of Issue: September 9, 2010 Certlfade No.: L CenlRcate S 'L Page 1 of 2 -r.a•a - ----- POLICY NO.: W40MISO ATTACHED TO CERTIFICATE S., SCHEDULE OF LOCATIONS UaMon of Aviation premises owned, rented b or oocupled by the Named Insured: St luxle County lntematkM Airport; Ft. Pierce, FL Type of Coverage: LrMrT$ OF LIABILrrY OtlsaanPreducts-Complee Operations and Hnggarkee $2.000,000 Products-Corpleted operations Aggregate Limit $1.000,000 Personal Injury & Advertising Injury Aggregate Lin* $1,000,000 Each Occurrence Limit $1.000,000 Fire Damage Umil (Any One Fin) $60,000 Medcal Expense Limit (Any One Parson) $1,000 $6,000 Each Opmprence Hangarkeepers' Each Loss UrnR $300,000 $100,000 Hangarkeepers' Each Aircraft Umh Hangarkeepers' Oeducilble Each Ocaurrenee See Below Hangarkesperr Deductibie(s): $5,000 per shraft Prope ft Damage Oe&xdble(e): $6,000 per claim CertlACaft 0 -L Page 2 of 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Florida Communities Trust FCT Project 08-057-FF8 Grant Contract and Confidentiality Agreement Becker Preserve BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO. VI-B-!�- DATE: November 23, 2010 REGULAR[ ] PUBLIC HEARING[ ) CONSENT [XX] PRESENTED BY: JoAnn Riley Property Acquisition Manager May 13, 2008 - Received Board of County Commission authorization to submit a Grant Application and to Florida Communities Trust for the Becker Preserve Park project. RECOMMENDATION: Staff recommends that the Board approve the Florida Communities Trust Grant Contract for the Becker Preserve project and authorize the Chairman to sign and transmit the Grant Contract and Confidentiality Agreement to Florida Communities Trust. COMMISSION ACTION: APPROVED [ ] DENIED [) OTHER: Approved 5-0 [x] County Attorney: Daniel S. McIntyre [x] Originating Dept.: -] O- JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Environmental Resources: [ ] County Engineer: Karen Smith [ ] Road 6 Bridge: [ ] OM 5: \ACQ \WP\JoAnn\Environmental \Becker Preserve\Grant Contract Agenda Request.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: November 23, 2010 SUBJECT: Florida Communities Trust FCT Project 08-057-FF8 Grant Contract and Confidentiality Agreement Becker Preserve BACKGROUND: On May 13, 2008, the Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust (FCT) for the purchase of the Becker Preserve project. On November 9, 2010, Florida Communities Trust (FCT) awarded the County a grant in the amount of 50% of the project costs or $600,00.00: whichever is less, to reimburse the County for the cost of acquiring the Becker Preserve project. The attached Grant Contract sets forth the procedures for reimbursement and guides the future management and use of the project lands. The Grant Contract must be returned to Florida Communities Trust (FCT) by December 10, 2010, RECOMMENDATION: Staff recommends that the Board approve the Florida Communities Trust Grant Contract for the Becker Preserve project and authorize the Chairman to sign and transmit the Grant Contract and Confidentiality Agreement to Florida Communities Trust. Respectfully submitted, Vt�r� Ann Ri ley Property Acquisition Manager 5: \ACQ\WP\JoAnn\Environmental\ Becker Preserve\Grant Contract Agenda Memo.wpd FCT Contract Number -CT- FLORIDA COMMUNITIES COMMUNITIES TRUST 08-057-FF8 BECKER PRESERVE CSFA # 52002 GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a non -regulatory agency within the State of Florida Department of Community Affairs, and ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds ("Project Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non -regulatory agency within the Department of Community Affairs ("Department") which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community -based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule 9K-7, Florida Administrative Code ("F.A.C.") sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule 9K-8, F.A.C. sets forth the acquisition procedures; WHEREAS, on September 4, 2008 the FCT Governing Board scored, ranked and selected projects to receive approval for funding; 08-057-FF8 November 12, 2010 Joint Acquisition - j - WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule 9K-7, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K-7.009, F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects are selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition with Bond proceeds. Since the entire Project Site has not yet been negotiated for acquisition, some elements of the project are not yet known such as the purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. NOW THEREFORE, FCT and the Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon the Recipient's project being selected for funding and shall end NOVEMBER 30, 2011("Expiration Date"), unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article XIII of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension shall fully explain the reason for the delay and why the extension is necessary and shall be provided to FCT in accordance with paragraph V.I. prior to the Expiration Date. If the Recipient does not request an extension, or if a requested extension is not granted by FCT, the Recipient's award shall be rescinded and this Agreement shall terminate. II. MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. DEADLINES 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as soon as possible and before December 15, 2010. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 08-057-FF8 November 12, 2010 Joint Acquisition -2- 2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or resources to other recipients that respond timely or termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Site may be acquired in an expeditious manner. 4. If the Recipient is identified in paragraph VA. below as the parry responsible for all negotiation and acquisition activities, the Recipient shall provide a monthly status report to FCT of Project Site acquisition activities. The monthly report shall contain the dates that appraisals are ordered and due, as well as the dates that purchase agreements are sent to sellers and the status of each contract, as appropriate. 5. No later than December 15, 2010, the Recipient shall deliver to FCT a written statement from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer from the Recipient and FCT, if not previously provided in the Application. No acquisition activity shall be commenced prior to FCT receipt of this statement. 6. No later than December 15, 2010, the Recipient shall deliver to FCT the executed Confidentiality Agreement provided to the Recipient by FCT, pursuant to Rule 9K-8.008(3), F.A.C. No acquisition activity shall be commenced prior to FCT receipt of the executed Confidentiality Agreement. 7. The party named in paragraph VA. below as the party responsible for all negotiation and acquisition activities shall provide the following: a. Title report(s) and appraisal(s), as required by Rule 9K-8.007(1-4), F.A.C., for review by a date not to exceed one hundred twenty (120) days after the Recipient's project is selected for funding. Prior to the delivery of awarded FCT funds, the appraisal(s) shall be reviewed and, upon approval, the Maximum Approved Purchase Price ("MAPP"), as provided in Rule 9K- 8.007(5) and (6), F.A.C., shall be determined; and b. Purchase Agreement(s), as defined by Rule 9K-8.002(16), based on the Acquisition Plan, if applicable, to be approved by FCT and sent to the property owner(s) within forty-five (45) days of receipt of the appraisal review memo from FCT establishing the MAPP. IV. FUNDING PROVISIONS l . The FCT Florida Forever award granted to the Recipient ("FCT Award") will in no event exceed the lesser of Fifty Percent (50%) of the final Project Costs, as defined in Rule 9K- 08-057-FF8 November 12, 2010 Joint Acquisition -3- 7.002(32), F.A.C., or Six Hundred Thousand Dollars And Zero Cents ($600,000.00) unless FCT approves a different amount after determination of the MAPP, which shall be reflected in an addendum to this Agreement. The FCT Award is based on the Recipient's estimate of final Project Costs in its application, as well as the Limitation of Award provided in Rule 9K-7.003(6), F.A.C. and advertised in the Notice of Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K-7.002(32), F.A.C. FCT shall participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph. 2. The FCT Governing Board selected the Recipient's Application for funding in order to acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K-7.010, F.A.C. If the Project Site is comprised of multiple parcels and multiple owners, an Acquisition Plan, as defined in 9K-7.002(2), F.A.C., was required in the application. FCT reserves the right to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project Site identified in the Acquisition Plan cannot be acquired. 3. The FCT Award shall be delivered either in the form of Project Costs prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the Project Site, payable to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT Award that corresponds to the parcel being closed. FCT shall prepare a grant reconciliation statement prior to the closing of the Project Site parcel that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9K-7.002(24), F.A.C. If the value of land is the source of the Match, the MAPP shall determine the value of the Match. If the Project Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each parcel the share of the Match that corresponds to the parcel being closed. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, if any is required. 08-057-FF8 November 12, 2010 Joint Acquisition -4- 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a governmentally derived higher Project Site land value due to an enhanced highest and best use, FCT acquisition activities shall be terminated unless the Seller agrees that the appraisal(s) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FCT's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to: Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: JoAnn Riley Title: Property Acquisition Manager Address: 2300 Virginia Avenue Fort Pierce, Florida 34982 Phone: (772) 462-2825 Fax: (772) 462-1440 E-mail: rileyj@stlucieco.org 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including, but not limited to, the Grant Contract or any addenda thereto, purchase agreement(s) for the property, grant reconciliation statement, closing documents, statements submitted as a part of the Project Plan and Declaration of Restrictive Covenants, 08-057-FF8 November 12, 2010 Joint Acquisition -5- Name: Faye W. Outlaw, MPA Title: County Administrator Address: 2300 Virginia Avenue Fort Pierce, Florida 34982 Phone: (772) 462-1401 Fax: (772) 462-2131 Email: outlawf@stlucieco.org 4. If the Project Site consists of ten or fewer ownerships, as reflected on the Acquisition Plan, either FCT or the Recipient may act as the party responsible for all negotiation and acquisition activities. If the Project Site consists of eleven or more ownerships, as reflected on the Acquisition Plan, the Recipient shall act as the party responsible for all negotiation and acquisition activities. The Recipient hereby notifies FCT that [Note: Elect FCT or Recipient] will be the party responsible for all negotiation and acquisition activities. If the Recipient is named herein and represented by an agent, the Recipient hereby notifies FCT that the Recipient's agent is: Name: Title: Address: Phone: Fax: Email: 5. In the event that different representatives or addresses are designated for either paragraph 2., 3., or 4. above after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above. 6. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is 59-6000835. VI. PROJECT PLAN APPROVAL; PRE -CLOSING REQUIREMENTS 1. Prior to FCT approval of the signed purchase agreement(s), closing(s) of the real estate transaction(s) to acquire the Project Site and final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Project Plan that complies with Rule 9K-8.011, F.A.C. The Project Plan shall not be considered by FCT unless it is organized with a table of 08-057-FF8 November 12, 2010 Joint Acquisition -6- contents and includes all of the following documents to ensure that the interest of the State of Florida will be protected: a. A purchase agreement, in a form previously approved by FCT staff, fully executed by both the Seller and the Recipient, that is based on an appraisal(s) approved by FCT and consistent with the requirements of Rule Chapter 9K-8, F.A.C. b. A letter from FCT indicating approval of the Management Plan written in accordance with Rule 9K-7.011, F.A.C., and as described in Article VII below. C. A statement of the Project Costs. d. A statement of the amount of the award being requested from FCT. e. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. g. A signed statement by the Recipient that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. h. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph VIIA. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves and executes the purchase agreement for acquisition of the Project Site, further described in paragraph VI. La. above. 3. All real property shall be obtained through a Voluntarily -Negotiated Transaction, as defined in Rule 9K-7.002(46). The use of or threat of condemnation is not considered a Voluntarily -Negotiated Transaction. 4. All invoices for Project Costs, with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5. Rule 9K-7.002(32) states that "reasonable real estate fees or commissions paid by the Recipient for Acquisition" are eligible Project Costs. In an effort to maximize the Florida Forever funds for land acquisition, FCT will conservatively review each request for real estate fees or 08-057-FF8 November 12, 2010 Joint Acquisition -7- commissions with close scrutiny to determine if the fee or commission is reasonable. FCT will not reimburse the portion of real estate fees or commissions that are determined by FCT to be unreasonable. Recipient will be financially responsible for the portion of the real estate fee or commission not reimbursed by FCT. 6. The Recipient may, and is strongly encouraged to, request a courtesy review of its Project Plan prior to its submission for approval. 7. Title to the Project Site shall be titled in the Recipient, unless the Recipient specifically requests that title shall permanently vest in the Board of Trustees of the Internal Improvement Trust Fund ("Trustees"). Such request shall be subject to the approval of FCT and the Trustees. The Recipient hereby elects that title to the Project Site shall be vested in St. Lucie County [Note: Insert either the name of the Recipient or Board of Trustees of Internal Improvement Trust Fund.] If the Recipient elects that title shall vest in the Trustees, then all acquisition activities shall be administered by the Division of State Lands as specified in Section 253.025, Fla. Stat. and Rule 18-1, F.A.C. FCT signature of this Agreement shall constitute approval of this election. 8. The transfer of title to the Recipient for the Project Site shall not occur until the requirements for the acquisition of lands, as specified in Section 380.507(11), Fla. Stat. and Rule Chapter 9K-8, F.A.C., have been fully complied with by the Recipient and FCT, FCT has approved the Project Plan and the Recipient has complied with all Purchase Agreement requirements. 9. The deed transferring title of the Project Site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to approval of the Project Plan, signature of the purchase agreement(s), closing(s) of the real estate transaction(s) and final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 9K-7.011, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X and XI herein. The Recipient is strongly urged to coordinate with FCT staff in order to ensure that FCT approval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the Project Site and the disbursement of the FCT Award. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement. The Management Plan shall include the following: a. An introduction containing the project name, location and other background information relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the Application and a prioritized list of management objectives. 08-057-FF8 November 12, 2010 Joint Acquisition -8- C. The identification of known natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics. d. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. e. A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. £ A scaled site plan drawing showing the Project Site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. h. A description of proposed educational displays and programs to be offered, if applicable. i. A description of how the management will be coordinated with other agencies and public lands, if applicable. A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project and the identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, F1a.Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K-7.002(35), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, FCT may require the Recipient to do one, or more, of the 08-057-FF8 November 12, 2010 Joint Acquisition -9- following: post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; establish an endowment or other fund in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Recipient is unable to, and may require the Local Government to be a named co-signer on the Declaration of Restrictive Covenants; or provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VIII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the project site and result from either representations made in the application that received scoring points or observations made by FCT staff during the site visit described in Rule 9K- 7.009, F.A.C.: 1. The future land use and zoning designations of the project site shall be changed to conservation, outdoor recreation, open space, or other similar category. 2. A permanent recognition sign, at a minimum size of 3' x 4', shall be maintained at the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and St. Lucie County. 3. At least three recreational facilities including an open air amphitheatre, canoe/kayak dock, and wildlife observation platform 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. 08-057-FF8 November 12, 2010 Joint Acquisition -10- 4. The location and design of any parking facility shall be designed to have minimal impacts on natural resources. The parking area shall incorporate pervious materials wherever feasible. 5. A nature trail of at least'/4 mile shall be provided on the project site. 6. Bike racks shall be installed to provide an alternative to automobile transportation to the project site. 7. The project shall construct a canoe/kayak dock to provide access to Ten Mile Creek. 8. An interpretive kiosk shall be provided on the project site to educate visitors about the natural environment and history of the area. 9. At least 12 regularly scheduled educational classes or programs shall be provided at the project site per year. These programs shall promote the protection of environmental resources. 10. A staffed nature center shall be developed on the project site to provide year round education classes or programs. 11. The floodplain swamp and floodplain forest natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 12. 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. 13. A significant portion of the upland area on the project site shall be planted with native vegetation. 14. 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. 15. A feral animal removal program shall be developed and implemented for the project site. 16. The quality of surface waters in Ten Mile Creek shall be improved by the installation of stormwater facilities on the project site that provide wildlife habitat and/or open space in a park like setting. The development of the stormwater facilities shall be coordinated with the South Water Management District. 08-057-FF8 November 12, 2010 Joint Acquisition -1 1- 17. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Division of Historical Resources in order to prevent the disturbance of these sites. Information on significant historical and archaeological sites shall be provided to the Division of Historical Resources for the purpose of updating the Florida Master Site File. 18. The development and management of the project site shall be coordinated with the agencies managing conservation lands along Ten Mile Creek and the North Fork of the St. Lucie River, to ensure the project site is protected and managed as part of an ecological corridor. IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. 1. Each parcel in the Project Site to which the Recipient acquires title shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, Fla. Stat.; Section I I(e), Article VII of the Florida Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds. The Declaration of Restrictive Covenants shall contain clauses providing for the conveyance of title to the Project Site to the Trustees, or a nonprofit environmental organization or government entity, upon failure to comply with any of the covenants and restrictions, as further described in paragraph 3. below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of the closing of the Project Site and shall be recorded by the Recipient in the county(s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the 08-057-FF8 November 12, 2010 Joint Acquisition -12- Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site, 3. Following the acquisition of the Project Site, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site shall permanently contain one sign, provided by FCT, recognizing FCT's role in the acquisition of the Project Site. The cost of shipping the sign shall be deducted from the FCT Award, as reflected on the grant reconciliation statement. For a Project Site where the FCT Award is divided into more than one closing, the cost of the sign shall be deducted from the grant reconciliation statement containing the first parcel to close. The sign shall be displayed at the Project Site within ninety (90) days of the final disbursement of the FCT award. A photograph of the sign installed at the Project Site shall be provided to FCT within the same ninety (90) day timeframe. XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS l . FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 08-057-FF8 November 12, 2010 Joint Acquisition -13- 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non -governmental person or organization; b. the operation of any concession on the Project Site by a non -governmental person or organization; C. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non -governmental person or organization; d. any use of the Project Site by a non -governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non -governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V. I., at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide to FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL 08-057-FF8 November 12, 2010 Joint Acquisition -14- PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. XII. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non -state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. Per Department of Financial Services Rule 69I-5.004(2)(a), Florida Administrative Code, the determination of when State financial assistance is expended should be based on when the activity occurs (the activity pertains to events that require the nonstate entity to comply with contracts or agreements, such as expenditure transactions associated with grants.) Additional prior fiscal year expenditures of State financial assistance should be added to total expenditures of State financial assistance previously reported for the prior fiscal year to determine if the threshold was exceeded. If so, the nonstate entity should take appropriate action to provide for an audit for the prior fiscal year in accordance with the Florida Single Audit Act. Therefore, it may be necessary for the Recipient to amend prior fiscal year audits to account for receiving the FCT grant funds because the determining factor of when the expenditure must be accounted for is when the expenditure is made, not the signing of this agreement. 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not 08-057-FF8 November 12, 2010 Joint Acquisition -15- required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215,97, Fla. Stat. performed by an independent certified public accountant ("IPA") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. XIII. DEFAULT; REMEDIES; TERMINATION 08-057-FF8 November 12, 2010 Joint Acquisition -16- I . If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ("Events of Default"), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: Terminate this Agreement, provided the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action to enforce performance of this Agreement; Withhold or suspend payment of all or any part of the FCT Award; 08-057-FF8 November 12, 2010 Joint Acquisition -1 7- d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; or Exercise any other rights or remedies which may be otherwise available under law, including, but not limited to, those described in paragraph IX.3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla.Stat., as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), Fla. Stat. 4. FCT may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the project. A request for termination shall be provided to FCT in a manner described in paragraph V.1. XIV. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XV. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 08-057-FF8 November 12, 2010 Joint Acquisition _ 1$_ 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. ST. LUCIE COUNTY By: (print name) Chairman Date: Approved as to Form and Legality: By: Daniel S. McIntyre, County Attorney 08-057-FF8 November 12, 2010 Joint Acquisition -19- FLORIDA COMMUNITIES TRUST RN Ken Reecy Community Program Manager Date: Approved as to Form and Legality: 0.1 Kristen L. Coons, Trust Counsel N, AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-6 DATE: November 23, 2010 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ J CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocation of a License Agreement with River Park Homeowners Association, Inc. Sign and Landscaping in the median of Rio Mar Drive BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 27, 2010 -The Board of County Commissioners approved a Revocable License Agreement for the River Park Homeowners Association to install a sign and landscaping in the Rio Mar Drive Median. RECOMMENDATION: Staff recommends that the Board approve the Revocation of a License Agreement with the River Park Homeowners Association, Inc., authorize the Chairman to sign the Notice of Revocation and direct staff to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION [� APPROVED [ ] DENIED [ OTHER Approved 5.0 ,. [x] County Attorney. Daniel McIntyre [x] Originating Dept: SmR' JoAnn Riley Review and Approvals [x) Road and Bridge Don Pauley [x] Engineering: MVP Michael Powley CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Public Works: V� ` Don W t st PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: November 23, 2010 SUBJECT: Revocation of a License Agreement with River Park Homeowners Association, Inc. Sign and Landscaping in the median of Rio Mar Drive BACKGROUND: The River Park Homeowners Association has requested a withdrawal of their Revocable License Agreement to install a sign and landscaping in the median at Rio Mar Drive located between US 1 and Beach Avenue. On April 27, 2010, the Board of County Commissioners approved a Revocable License Agreement with the River Park Homeowners Association to install a sign and plant and maintain landscaping in the median on Rio Mar Drive, On October 12, 2010, the River Park Homeowners Association state in their letter to the Public Works Department that because of unanticipated expenses the Association cannot move forward with the beautification project and ask that their Revocable License Agreement be revoked. Attached you will find a Notice of Revocation of the License Agreement between St. Lucie County and the River Park Homeowners Association for your review and approval. RECOMMENDATION, Staff recommends that the Board approve the Revocation of a License Agreement with the River Park Homeowners Association, Inc., authorize the Chairman to sign the Notice of Revocation and direct staff to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, nn Riley Property Acquisition Manager This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 NOTICE OF REVOCATION OF REVOCABLE LICENSE AGREEMENT On January 26, 2010, Sebastian Gomez, President of the River Park Homeowners Association, Inc. requested a Revocable License Agreement for the installation of a 24" x 24" x 36" ground sign and landscaping in the median of Rio Mar Drive. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. On April 27, 2010, St. Lucie County Board of County Commissioners approved a Revocable License Agreement with the River Park Homeowners Association, Inc. to install a 24" x 24" x 36" ground sign and landscaping in the median of Rio Mar Drive. The River Park Homeowners Association recorded the Agreement in Official Record Book 3196, Page 2072. 2. On October 12, 2010, St. Lucie County Board of County Commissioners received a letter from the River Park Homeowners Association, Inc. requesting the revocation of the Revocable License Agreement due to the project exceeding the approved budget. The Board of County Commissioners of St. Lucie County, Florida hereby approves this Notice of Revocation of Revocable License Agreement this 23rd day of November 2010. ATTEST; DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: 5:\ACQ\WP\Janet\Licenseagree\River Park No Mar Sign\Notice of Revocation.wpd CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY I !L .34U Ubb/ P.1 RIVER PARK HOMEOWNERS ASSOCIATION INC. I nc orp orate d 1964 P.O. Box 8122, Port Saint Lucie, Fl. 34985 Sebastian Gomez: President VIA FAX October 12, 2010 Mr. Donald Pauley Public Works Department Road & Bridges Division 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: Rio Mar Median Revocable License Agreement Dear Mr. Pauley, Due to unanticipated expenses, the estimated costs of the project exceed the approved budget and the Homeowners Association cannot move forward with the above project. The Association requests the license agreement be revoked. Sebastian Gomez CC: Jan Licausi, via fax AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-2 DATE: April 27, 2010 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ l CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement River Park Homeowners Association, Inc. Sign and Landscape in Rio Mar Drive Median BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct River Park Homeowners Association, Inc. to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION ['4.APPROVED [ ] DENIED [ )OTHER Approved 5-0 [x] County Attorney: Daniel McIntyre [x] Originating Dept: JoAnn Riley Review and Approvals [x] Road and Bridg . Don Pauley [x] Engineering` 1w Michael Powley CONCURRENCE: W.Outlaw, WPA County Administrator [x) Public Works: kA - Don We This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE A 3474067 05/14/201 Oat 11:07 AM OR BOOK 3196 PAGE 2072 - 2077 Doc Type: AGR RECORDING: $52.50 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of A141 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") RIVER PARK HOMEOWNERS ASSOCIATION, INC, whose address is P.O. Box 8122, Port St. Lucie, Florida, 34985 (Association). WHEREAS, the Association, desires to install a sign identifying River Park Homeowners Association have landscaped and is maintaining the median located at the Rio Mar Drive right- of-way from U.S. 1 to Beach Avenue. The proposed sign would be 24-inches by 24-inches, 36- inches from the ground to the top of the sign. The wording will be "Landscaped & Maintained by River Park Homeowners Assoc. PO Box 8122, Port St. Lucie, FL 34983". The sign will be one sided. The landscape planting will be maintained by the River Park Homeowners Association and planted as indicated on the attached Exhibits. WHEREAS, the County is willing to permit the Association to use this right-of-way to install, maintain, weed, mow, plant and install a sign in the median, subject to the terms and conditions set forth in this Revocable License Agreement. Although not required, Environmental Resources staff encourages the Homeowners Association to utilize native, drought -tolerant species. The Florida Yards and Neighborhoods' Florida -Friendly Plant database is a good resource for locating these types of plants. (http://www.floridayards.or2/fyplants/index.l)hp 1 NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Association a Revocable License Agreement for the purpose of installing, maintaining, weeding, mowing, planting and installing a sign in the area as indicated in the attached sketch and incorporated herein as Exhibit "A, A-1 ". The sign will be placed on County property, a safe sight distance in the median of the Rio Mar Drive right-of-way noted in Exhibit "A, A-1 ". This Revocable License shall extend only to the above - referenced location and shall not extend to the construction and/or installation of any additional sign or planting. 2. The sole purpose of this Revocable License Agreement is to allow the Association to install, maintain, mow, weed, plant and install a sign in the requested location. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Association to install, maintain, weed, plant and mow around the sign in the location identified in Exhibit "A, A-1" 4. The Association shall install the sign in accordance with the Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards. The Association shall also provide a Maintenance of Traffic Plan to the County for approval prior to installation and provide notice to the County Engineer and Road and Bridge Manager with a schedule for installation, if needed. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Association provided that Association gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or 2 Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at the Association's sole expense upon ninety (90) days written notice to the Association. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Association perform certain alterations to the sign and plants in the right-of-way mentioned in Exhibit "A, A-1", at the Association's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the demise of the sign or plants, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Association shall be responsible for the removal or plugging of the right-of-way as directed by the County Engineer or Road and Bridge Manager, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Association agrees to relocate the referenced sign, at any time and at no cost to the County, if necessary for the maintenance or improvements of the right-of-way by the County. 10. The sign in the County's right-of-way shall be installed in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of the Association. Any maintenance activity will be subject to the written approval of the County Engineer or Road and Bridge Manager. 11. The Association agrees to allow County employees access to the location of the sign for County purposes as determined by the County Engineer or Road and Bridge Manager. 3 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owner: River Park Homeowners Association, Inc. P.O. Box 8122 Port St. Lucie, FL 34985 As to County: Road and Bridge Manager 2300 Virginia Avenue Fort Pierce, FL 34982 or to such other address as any parry may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Association agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Association's use of the property. 14. The Association shall promptly record this Revocable License Agreement in the 4 Official Records of St. Lucie County, Florida. The Association shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMA.4ISSIONERS } DEPUTY UIE - a;.l� h �` �� ... I_ APPR D AS TO FO CORREC 0 Q. `ter+i ` �V IY �� COUN ATTO ' WITNESSES: RIVER PARK HOMEOWNERS ASSOCIATION. INC. C� BY: IT'5��. STATE OF COUNTY OF J4 - The foregoing instrument was acknowledged before me this day of l� � Y 2010, by Sebastian Gomez President of RIVER PARK HOMEOWNERS ASSOCIATION. INC. who producedI C - (type of identification) and who did take oath. WITNESS my hand and official seal, this 13 day of �ia -L 2010. My commission expires L4 = S NOTARY PUBLIC STATE OF FLORIDA Signature of Notary Public Annette Reed 5 Commission # DD 874957 Expires May 12, 2013 BONDED THRU ATLANTIC BONDING Co., INC. ­5 F" L- ji E5 (0225 - cy) - - L'e 36" From Ground To Top Of Sign N►AR � 6 2�. �", isne4: ait PO BOX 8122, Port St, Lucie, FL 34983 24" x 24" AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-7 Date: November 23, 2010 Regular[ ] Public Hearing [ J Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: St. Lucie County International Airport - Lease Agreement with Civil Air Patrol, Inc. BACKGROUND: See C.A. No. 10-1505 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board approve the proposed lease agreement with Civil Air Patrol, Inc., and authorize the Chairman to sign the lease agreement. COMMISSION ACTION: [A APPROVED [ ] DENIED [ J OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: 1✓ Mgt. & Budget: Purchasing. boni McIntyre Originating Dept.: Growth Mgmt: Other Todd Cox 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: 10-1505 DATE: November 8, 2010 SUBJECT: St. Lucie County International Airport - Lease Agreement with Civil Air Patrol, Inc. BACKGROUND: The Civil Air Patrol, Inc. (CAP) is a federally chartered non-profit corporation which serves as the official civilian auxiliary of the United States Air Force. Although CAP has had a presence at the St. Lucie County International Airport for a number years, it has not had a lease agreement for use of the building it occupies at 2858 Curtis King Boulevard. During that time, the County has assumed responsibility for payment of the electrical and water/sewer costs for the building. To formalize an understanding with CAP about the use of the facility that they have been using, County staff has been working with CAP representatives to draft a lease for the facility. A copy of the proposed lease agreement is attached to this memorandum. The primary points of the proposed lease are as follow: 1. The Fair Market Value of the annual rent for the building in the amount of $7,500 will be waived in exchange for in -kind services provided by CAP to the Airport and to the County. CAP will be required to pay $1.00 per year. 2. To justify future deferment of rent for this facility, CAP will be required to provide an annual report on the services it has provided over the previous year. 3. The County will pay the utilities costs for the building. Beginning October 1, 2011, however, CAP will become responsible for the water and sewer costs not to exceed $1,320.00 per year. This cost is based upon past water and sewer costs for the facility. If it is determined that utility use is excessive and such use is directly attributable to CAP operations, the County may to require CAP to take over all utility costs upon thirty (30) days prior written notice. 4. CAP will be responsible for all on -going maintenance of the building and immediate grounds with the exception of the roof and structure which will be the County's responsibility to maintain. 5. CAP will carry $1,000,000 general liability insurance and name the County as an additional insured under the policy. The County will provide building insurance coverage exclusive of the antennae that has been installed by CAP. It will be the County's decision whether to repair or replace the building if damaged or destroyed after a weather event. 6. The initial term of the lease will be two years with three one year extensions possible. Either party may terminate the lease upon 30 days written notice. RECOMMENDATION/CONCLUSION : Staff recommends the Board approve the proposed lease agreement with Civil Air Patrol, Inc., and authorize the Chairman to sign the lease agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Planning and Development Services Director Airport Manager Finance Director Management and Budget Director LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and CIVIL AIR PATROL, INC, BY AND THROUGH THE FLORIDA WING, a Congressionally chartered non-profit corporation, ("Lessee"). In consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain real property and improvements located at 2858 Curtis King Boulevard, Fort Pierce, Florida, and more particularly described in Exhibit "A", attached hereto and incorporated herein, ("premises" or "leased premises"). 2. PURPOSE. Lessee agrees to use the premises for offices and meeting place for its members and the public. The parties acknowledge and agree the Lessee is currently occupying the premises for such purposes. The use of the leased premises by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Lessor, the Federal Aviation Administration or its successor agency, or by St. Lucie County, the State of Florida or any other federal, state, or local agency having jurisdiction over the operations of St. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor. The parties acknowledge and agree the Lessee provides in -kind services to the Airport 1 and community through its assistance to the Airport during emergencies and community events, its programs promoting aviation for area youth and local air search and rescue operations. On or before February 1, 2011, and continuing on or before February 1St of each subsequent year of this Lease, the Lessee shall provide to the County a report of such services during the previous calendar year. 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that it has made, or had an opportunity to make, a thorough and complete inspection of the leased premises and is fully advised of its condition, nature of construction, if any, and state of repair. Lessee fully accepts the leased premises in its present state of repair or condition. Lessor warrants that Lessor has full authority to enter into this Lease. 4. INDEMNIFICATION AGAINST CLAIMS. The Lessee is and shall be an independent contractor and operator, responsible to all parties for all of its acts or omissions as permitted under federal and State of Florida law and the Lessor shall in no way be responsible for such acts or omissions. Lessor shall require Lessee during the term of this Lease to maintain all insurance coverage's set out in Section 18 in full force and effect and shall name at all times the Board of County Commissioners of St. Lucie County as an additional insured. 5. NO LIENS CREATED. Lessee covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of Lessor in and to the property covered by this lease, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with Lessee, or furnishing materials or labor to Lessee, or to its agents or servants, as well as all 2 persons whomsoever, shall be bound by this provision of the lease. 6. OPERATION COSTS. Lessee agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, and all other expenses incurred in the use and operation of the leased premises, including telephone, internet, water and sewer. Beginning October 1, 2011, the Lessee shall be responsible for the payment of the water and sewer costs; provided however, that such payment shall not exceed $1,320.00 per year. If it has been determined by clear and convincing evidence that utility use is excessive and such use is directly attributable to the Civil Air Patrol's operations, the Lessor has the right to require the Lessee to take over all utility costs after a thirty (30) day notice. Payment shall be due within thirty (30) days of the date of receipt if an invoice from the County is submitted to Lessee for such costs. Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. Lessee shall be responsible for. the payment of any and all ad valorem taxes and other taxes and/or assessments which may be assessed against the leased premises during the term of this Lease. 7. BANKRUPTCY OF LESSEE. Should Lessee, at any time during the term of this lease, file a voluntary petition in bankruptcy, or permit an involuntary petition in bankruptcy to be filed against it, or institute a composition or any arrangement proceeding under Chapter X or XI of the Chandler Act, or make any assignments for the benefit of its creditors, or should a receiver or trustee be appointed for Lessee's property because of Lessee's insolvency, and the 3 appointment is not vacated within thirty (30) days thereafter, or should Lessee's leasehold interest be levied on and the lien not discharged within thirty (30) days after levy has been made, or should Lessee fail promptly to make the necessary returns and reports required of it by city, state and federal law, or should Lessee fail promptly to comply with all governmental regulations, city, state and federal, and should such failure in any manner jeopardize the rights of Lessor, then, and in such event, and upon the happening of either or any of such events, Lessor shall have the right, at its election, to consider the same a default on the part of Lessee of the terms and provisions of this lease, and, in the event of such default not being cured by Lessee within a period of thirty (30) days from the date of the giving by Lessor of written notice to Lessee of the existence of such default, Lessor shall have the option of declaring this lease terminated, and the interest of Lessee forfeited, or Lessor may exercise any other rights conferred upon it by this lease. The pendency of bankruptcy proceedings or arrangement proceedings, to which Lessee shall be a parry shall not preclude Lessor from exercising any of its rights. In the event Lessee, or the trustee or receiver of Lessee's property, shall seek an injunction against Lessor's exercise of any right, such action on the part of Lessee, its trustee or receiver, shall automatically terminate this lease as of the date of the making of such application. In the event the court shall enjoin Lessor from exercising any of its rights, such injunction shall automatically terminate this lease. 8. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the interior of leased premises, including grounds, furnishings, fixtures and personal property, if any, in a good state of repair and condition. Lessee shall comply with any aesthetic standards which the Lessor may subsequently adopt for its leased properties. Lessee agrees at its expense 4 to make all routine repairs to the leased premises, including electrical, plumbing, HVAC, sewer, sewer conditions, antennae, and all other repairs that may be required to be made, and Lessee at its expense will keep the building interior, fixtures and equipment in a good state of repair, in good condition and at all times well painted. Lessee shall also be responsible for maintenance of the immediate grounds. Lessor agrees to be responsible for maintenance of the roof and building structure. Lessee at its expense agrees to deliver to Lessor upon the termination of this lease the entire leased premises in a good state of repair and condition, ordinary wear and tear, and damage by the elements or by fire excepted. Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all routine repair and maintenance whatsoever to the premises and for all repairs necessitated by the actions of Lessee, as its agent, members, servants, employees, customers, patrons or invitees. Lessee shall keep the premises at all times in a clean and orderly condition and appearance and all of Lessee's fixtures, equipment and personal property which are located on any part of the premises which are open or visible to the general public shall likewise be so kept and maintained. Lessee shall be responsible for the routine maintenance and repair of all fuel tanks and utilities service lines that Lessee is using (except common utilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers. Lessee shall, at all times during the term of this lease, take, appropriate anti -erosion measures to prevent or restore erosion caused by Lessee, its agents, members, employees, or sublessees. In the event the Lessee fails in any material respect to so maintain, clean, repair, replace, rebuild the premises within a period of sixty (60) days after notice from Lessor to do so, or fails in any material respect diligently to pursue to completion such repair, replacement, or 5 rebuilding, then Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace, or rebuild all or any part of the premises included in such notice, and cost shall be payable by Lessee immediately upon demand of Lessor. 9. SIGNS AND OBSTRUCTION LIGHTS. Lessee shall have the right to erect, maintain or display any signs or any advertising on the exterior of the leased premises or within the leased premises, provided that such signs and advertising comply with all FAA, local government and airport rules, regulations and ordinances. 10. TERM, TERMINATION. The term of this lease shall begin on December 1, 2010, (hereinafter referred to as the "commencement date"), and shall terminate two (2) years from that date. Delivery of the possession of the premises to Lessee shall be made on the date of this Lease. The term of this lease may be extended for additional one year periods up to a total lease term of five (5) years upon the mutual consent of both parties. In the event the parties desire to further extend the term of the lease after five (5) years, the rental rate shall be subject to review as provided in Paragraph 11. Either party shall have the right to terminate this lease without cause upon thirty (30) days prior written notice to the other party. 11. RENT. The parties acknowledge and agree that the current fair market rent for the leased premises is six hundred twenty-five and 00/100 dollars ($625.00) per month. The parties further acknowledge and agree that the value of the services provided by the Lessee to the Lessor at the Airport, including monitoring and responding to emergency locator transmitter (ELT) on the Airport and assistance during emergencies for monitoring security and access to the Airport as well as promoting aviation education to local students offsets the rental rate as provided under Federal Aviation Administration regulations. Accordingly, the Lessee shall pay the Lessor an '5 annual rental rate of one and 00/100 dollars due on the commencement date and each year thereafter during the term and any extensions of this lease on such date. Payment shall be by check made payable to "St. Lucie County" and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. 12. INSPECTION OF PREMISES. Lessor or its agents shall have the right to enter the leased premises and the buildings and improvements constructed on them at all reasonable business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee or of any subtenants or occupants of the premises, except in the event of an emergency. At any time and from time to time during reasonable business hours within six (6) months next preceding the expiration of this lease agreement or immediately upon the determination by Lessor of abandonment or a breach of this lease by Lessee, Lessor shall have the absolute right to enter the premises for the purpose of exhibiting and viewing all parts of the same without interference or hindrance. If, during the last month of the term of this lease agreement, Lessee shall have removed all or substantially all of its property from the premises, Lessor may immediately enter, alter, renovate and redecorate the premises. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 13. APPROVAL OF CONSTRUCTION. Prior to any construction upon the premises by Lessee, including any alterations, changes or additions, Lessee shall submit to Lessor complete building plans for such proposed construction, and prior to such construction, the written approval of plans must be given by Lessor, including the St. Lucie County Airport Division, the St. Lucie County Planning & Development Services Department, and the St. Lucie County Public Works Department, which approval will not be unreasonably withheld and any other applicable government or agency. 14. CONDEMNATION. If any part of the Premises shall be taken or condemned for a public or quasi -public use, and a part remains which is susceptible to occupation, the rent payable shall be reduced, commencing with the date title shall vest in the condemnor, to the amount determined by multiplying such rent by a fraction, the numerator of which is the area of the Premises remaining after condemnation, and the denominator of which is the area of the Premises as of the date of condemnation. If Lessee determines that the remaining portion of the Premises is inadequate for the uses contemplated by this Lease, Lessee shall have the option to terminate this Agreement as of the date when title to the part so condemned vests in the condemnor. If all of the Premises shall be so taken, this Agreement shall terminate on the date when title to the Premises vests in the condemnor. If a part or all of the Premises be so taken or condemned, Lessee shall be entitled to that portion of any award for Lessee's loss of buildings and its furniture and fixtures, the cost of removing its property and the loss of the value of its leasehold interest in the land so taken. In the event of such taking, Lessor shall receive such portion of the award as is attributable to its reversionary fee interest in the land and any improvements comprising the Premises. Any portion of any condemnation award which is not specifically apportioned to Lessee, as aforesaid, shall be and become the property and belong to M. Lessor. 15. DEFAULT IN RENT. Lessee agrees promptly to perform, comply with and abide with this lease, and agrees that time of payment and of performance are of the very nature and essence of it. If any sums of money required to be paid by Lessee to Lessor shall remain unpaid for a period of ten (10) days after its due date and after ten (10) days written notice from Lessor stating that such ten (10) day grace period has expired, then Lessor shall have the following options and privileges: (a) Lessor may declare one (1) year's rental as presently due and payable. Such declaration shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of Lessee to pay rent under the terms of this lease for the period unaffected by the declaration. (b) Lessor may, after notice, terminate the lease. In addition to the options granted above, Lessor may exercise any and all other options available to it, which options may be exercised concurrently or separately with the exercise of the above options. 16. DEFAULT IN OTHER PROVISIONS. If Lessee shall default in the performance of any other term of this lease (except the payment of rent), then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor, including, but not limited to, the default in rent, remedies, procedures and rights specified in subsections 15(a), 15(b), and 15(c) of this lease. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, Lessor shall not have the right to declare that lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the lease term ended and enforce all of its rights and remedies under this lease for any other default not so cured. 17. OWNERSHIP AT TERMINATION. All buildings, structures and fixtures of every kind now existing or hereafter erected except for the antennae, installed or placed on the leased premises are the property of Lessor and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. A fixture is defined as an article which was a chattel, but which, by being physically annexed or affixed to the premises by Lessee and incapable of being removed without structural or functional damage to the premises, becomes a part and parcel of it. Nonfixtures personally owned by Lessee at the expiration of the term or earlier termination of this lease, for any reason, shall continue to be owned by Lessee, and at the time of such expiration or earlier termination, Lessee at its option may remove all such personally owned non - fixtures, provided Lessee is not then in default of any covenant or condition of this lease; otherwise, all such property shall remain on the leased premises until the damages suffered by Lessor from any such default have been ascertained and compensated. Any damage to the premises caused by the removal by Lessee of any such personally owned non -fixtures shall be 10 repaired by Lessee forthwith at its expense. 18. INSURANCE. The parties agree to the following provisions pertaining to insurance: ( a) Liability Insurance The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage limits of not less than $1,000,000 for bodily injury and property damage as a result of any single occurrence concerning Lessee's operation of the leased premises. The described policies of insurance and all renewals of those policies shall be delivered to and held by the Lessor. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability specifically insuring this Hold Harmless paragraph. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non - renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease. (b) Damage or Destruction to leased premises (1) Except as otherwise provided in this lease, if the premises or any part of them (including any leasehold improvements), shall be damaged or 11 destroyed, Lessor may at its option and to the extent of the insurance proceeds available, repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement. In the event the Lessor determines to proceed with the repair or replacement, the Lessee shall be responsible for payment of any required deductible under its insurance coverage. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased premises. Lessor shall not insure the antennae installed on the premises by the Lessee and shall not be responsible for its repair or replacement in the event it is damaged or destroyed. (2) If such a substantial portion of the leased premises is destroyed so that Lessor determines that Lessee cannot reasonably continue to utilize the leased premises until the same are repaired or replaced, then Lessor may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement whereupon any insurance proceeds shall be paid to the holder of any leasehold mortgage which encumbers the leased premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any shall be paid to Lessor. The Lessor shall have no obligation to rebuild or otherwise replace the leased 12 premises in such event. 19. ASSIGNMENT AND SUBLEASING. Lessee shall not sublease the leased premises, or any portion of those premises. Lessee shall not assign this agreement. If Lessee is a corporation, partnership or other type of business entity other than an individual, there shall be no transfer of the control of such business entity without prior approval of Lessor, which approval shall not be unreasonably withheld. A transfer of control of the business entity shall be deemed to occur when the owner(s) of more than fifty percent (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 affect a sublease or an assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. 20. NOTICES. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: Lessor: Board of County Commissioners 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copies to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Lessee: Civil Air Patrol, Inc. 2858 Curtis King Boulevard Fort Pierce, Florida 34946 13 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Or to such other address(es) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 21. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 22. LEASE NOT EXCLUSIVE. Any term, provision or condition in this lease to the contrary notwithstanding, it is specifically understood and agreed that this lease is not exclusive, and that Lessor shall be entitled to lease to competitors of Lessee within the Lessor's property. 23. NONDISCRIMINATION. Lessee, in exercising any of the rights or privileges granted to it shall not on the grounds of race, color or national origin discriminate or permit discrimination against any persons or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 24. SUBROGATION. Lessor shall have the option, without waiving or impairing any of its rights, to pay any sum or perform any act required of Lessee, and the amount of any such payment and the value of any such performance, together with interest, shall be secured by this lease, and shall be promptly due and payable to Lessor. 25. STANDARD PROTECTION CLAUSES. Lessor reserves the right to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in the airspace such noise as may be inherent in the operation of aircraft, now known or later 14 used, for the navigation of or flight in airspace, and for use of airspace for landing on, taking off from or operating on the St. Lucie County International Airport. Lessee expressly agrees for itself, its successors and assigns to restrict the heights of structures, objects of natural growth or other obstructions on the leased premises, to such a height so as to comply with Federal Aviation Regulations, Part 77, or any other applicable state, federal, or local regulation. Lessee expressly agrees for itself, its successors and assigns to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the St. Lucie County International Airport, or otherwise constitute an airport hazard. 26. INTEREST. All delinquent payments to Lessor shall bear interest at the rate equivalent to the periodic composite of current annual interest rates on five (5) year United States Government agency issues in effect as of the date of delinquency, but not less than ten (10%) per annum. Such interest shall be calculated from the due date after the expiration of any applicable grace period to the date of payment, on a daily basis, and will be due and payable when billed. 27. FORFEITURE. If Lessee shall fail to keep and perform any of the covenants, conditions, and agreements in this lease required to be performed by Lessee, and such default is not remedied within the grace period provided elsewhere in this lease, Lessor shall have the right to treat such default as intentional, inexcusable and material, and Lessor, by notice in writing transmitted to Lessee, may at its option declare Lessee's interest under this lease ended and without further force. Thereupon, Lessor is authorized to re-enter and repossess the leased premises, and the buildings, improvements and personal property located on them, either with or without legal process, and Lessee does in such event waive any demand for possession of the 15 property, and agrees to surrender and deliver up the leased premises and property peaceably to Lessor. In the event of such forfeiture, Lessee shall have no claim whatsoever against Lessor by reason of improvements made upon the premises, rents paid, or from any other cause whatsoever. The provisions of this paragraph shall not be construed so as to divest Lessor, in the event of such default, of any legal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to Lessor a cumulative remedy, in addition to such other remedy or remedies as the law affords a Lessor when the terms of a lease have been breached by a Lessee. 28. NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this lease in any one or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the leased premises or of the remainder of the term shall be valid unless accepted by Lessor in writing. Lessor shall be under no duty to relet the premises in the event of an abandonment or surrender or attempted abandonment or attempted abandonment of the leased premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the premises, Lessor shall have the right to retake possession of the leased premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 29. REMOVAL OF LESSEE'S PROPERTY BY LESSOR. If, under the terms of this lease agreement, Lessee is entitled to remove its property from the premises, but shall fail to do so on or before the termination or expiration of the term or on or before the termination or 16 expiration of this lease agreement for any other cause specified herein then Lessor may remove such property and retain the same in its possession, and may sell the same at public auction, the proceeds of which shall be applied first to the expenses of such removal and storage and sale, and the balance paid to Lessee upon the demand of Lessee, providing that the proceeds of such sale exceed the expenses of such removal, storage and sale. 30. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Premises throughout the lease term without interference, hindrance or molestation. Wherever this lease requires Lessor's consent or approval such consent or approval will not be unreasonably withheld. 31. ENVIRONMENTAL COMPLIANCE,• ENVIRONMENTAL CONTAINMENT AND REMOVAL. a. Lessee acknowledges and agrees that the County makes no representations or warranties whatsoever as to whether any pollutant, or hydrocarbon contamination, hazardous materials, or other contaminates or regulated materials (collectively, "Materials") exist on or in the Premises or the improvements in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of any federal, state or local court or entity with jurisdiction of such matter. It shall be the responsibility of the Lessee to make sufficient inspection of the Premises and the improvements to satisfy itself as to the presence or absence of any such Materials. Lessee shall provide the Airport Director, if requested at any time, with a list of all hazardous, bio-hazardous, or other Materials known to the Lessee to have been stored, used, generated or disposed of on the Premises prior to the execution of this lease, and all hazardous, 17 bio-hazardous or other Materials stored, used, generated or disposed of on the Premises by the Lessee subsequent to the execution of this lease. Lessee agrees to comply with all existing and future federal, state, local and County environmental laws, ordinances and regulations, and the requirements of any Development Order covering the Airport, issued to the County pursuant to Chapter 380, Florida Statutes, including without limitation those addressing the following: 1. Proper use, storage, treatment and disposal of Materials supplied by the Lessee, including contracting with a licensed hazardous waste transporter and/or treatment and disposal facility to assure proper transport and disposal of hazardous waste and other regulated Materials; 2. Proper use, disposal and treatment of storm water runoff, including the construction and installation of adequate pre-treatment devices or mechanisms on the Premises, if applicable; 3. Adequate inspection, licensing, insurance, and registration of existing and future storage tanks, storage systems, and ancillary facilities to meet all County, local, state and federal standards, including the installation and operation of adequate monitoring devices and leak detection systems; and 4. Adequate facilities on the Premises for management and, as necessary, pretreatment of industrial waste, industrial wastewater, and regulated Materials and the proper disposal thereof. The release of any Materials on the Premises, or as a result of Lessee's operations at the Airport, that is in an amount that is in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of W3 any federal, state, or local court or governmental authority, by Lessee, or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee, committed subsequent to the date of the Lessee's occupation of the leased premises, shall be, at the Lessee's expense, and upon demand of County or any of its agencies or any local, state, or federal regulatory agency, immediately contained or removed to meet the requirements of applicable environmental laws, rules and regulations. If Lessee does not take action immediately to have such Materials contained, removed and abated, the County or any of its agencies may upon reasonable notice to Lessee (which notice shall be written unless an emergency condition exists) undertake the removal of the Materials; however, any such action by the County or any of its agencies shall not relieve the Lessee of its obligations under this or any other provision of this Agreement or as imposed by law. No action taken by either the Lessee or the County to contain or remove Materials, or to abate a release, whether such action is taken voluntarily or not, shall be construed as an admission of liability as to the source of or the person who caused the pollution or its release. As use in this Agreement, Lessee's operations and Lessee's actions and words of similar import, shall include all actions and inaction by Lessee, by its sublessees, or by any of their officers, employees, contractors, subcontractors, invitees, or agents. As required by law, Lessee shall provide the federal, state, County and local regulatory agencies with notice of spills, releases, leaks or discharges (collectively, Release of Materials on the Premises or on the Airport property which exceeds an amount required to be reported to any local, County, state, or federal regulatory agency under applicable environmental laws, rules and regulations, which notice shall be in accordance with applicable environmental laws, rules and 19 regulations. Lessee shall further provide the Airport Department with written notice within one (1) business day following commencement of same, of the curative measures, remediation efforts and/or monitoring activities to be effected on the Premises. Lessee shall have an updated contingency plan in effect relating to such releases which provide minimum standards and procedures for storage of regulated Materials and other Materials, prevention and containment of spills and releases, and transfer and disposal of regulated Materials and other Materials. The contingency plan shall describe design features, response actions, and procedures to be followed in case of releases or other accidents involving hazardous Materials, bio-hazardous Materials or petroleum products or other Materials. The Lessee agrees to permit entry at all reasonable times, of inspectors of the County and of other regulatory authorities with jurisdiction. The Airport Department, upon reasonable written notice to Lessee, shall have the right to inspect all documents relating to the environmental condition of the Premises, including without limitation, the release of any Materials at the Premises, or any curative, remediation, or monitoring efforts, and any documents required to be maintained under applicable environmental laws, rules and regulations pertaining to the Airport including, but not limited to, manifests evidencing proper transportation and disposal of Materials, environmental site assessments, and sampling and test results. Lessee agrees to allow inspection of the Premises by appropriate federal, state, County, and local agency personnel in accordance with applicable environmental laws, rules and regulations and as required by any development order issued to the County pertaining to the Airport, pursuant to Chapter 380, Florida Statutes. If the County arranges for the removal of any Materials on the Premises that were caused by the Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, 20 invitees, or agents of Lessee or its sublessees, all costs of such removal incurred by the County shall be paid by Lessee to the County within ten (10) calendar days of County's written demand, with interest at the rate of eighteen percent (18%) per annum thereafter accruing. Lessee shall not be liable for the release of any materials caused by anyone other than Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or any of its sublessees. Nothing herein shall relieve Lessee of its general duty to cooperate with the County in ascertaining the source and, containing, removing and abating any Materials. The Airport Department shall cooperate with the Lessee with respect to Lessee's obligations pursuant to these provisions, including making public records available to Lessee in accordance with Florida law; provided, however, nothing herein shall be deemed to relieve Lessee of its obligations hereunder or to create any affirmative duty of County to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with County codes, ordinances, rules and regulations, federal laws and regulations, state and local laws and regulations, development orders and grant agreements. The Airport Department and its employees, contractors, and agents, upon reasonable written notice to Lessee, and the federal, state, local and other County agencies, and their employees, contractors, and agents, at times in accordance with applicable laws, rules and regulations, shall have the right to enter the Premises for the purposes of the foregoing activities and conducting such environmental assessments (testing or sampling), inspections and audits as it deems appropriate. The Lessee hereby agrees that at any time during the last year of the term of this Lease, and at anytime during the year following any termination of this Lease, the County shall have the 21 right to require Lessee to conduct an Assessment and Facility Exit Inspection of the Premises, at the Lessee's expense. If documentation warrants, the County shall have the right to require the Lessee to conduct a further assessment of the Premises at the Lessee's expense which may include, but shall not be limited to, soil and water samples. If any assessment or inspection indicates that further actions should be conducted, then the County shall have the right to have such further actions conducted at the Lessee's expense. Nothing herein shall be construed to limit County's right of entry onto the Premises pursuant to other provisions of this Section or of this Agreement, or pursuant to its regulatory powers. Lessee shall reimburse to the County the cost of such assessments and inspections as are chargeable to the Lessee pursuant hereto, within ten (10) calendar days following written demand therefore, with interest at the rate of eighteen percent (18%) . per annum thereafter accruing. In the event County shall arrange for the removal of Materials on the Premises that are not the responsibility of the Lessee to correct, and if any such clean-up activities by County shall prevent Lessee from using the Premises for the purposes intended, the rent shall be abated in accordance with Section 29, hereof, from the date that the use of the Premises for its intended purposes is precluded and until the Premises again become available for the Lessee's use. County shall use reasonable efforts to not disrupt Lessee's business, however, in no event shall Lessee be entitled to any amount on account of lost profits, lost rentals, or other damages as a result of County's clean-up activities. The provisions of this Section shall survive the expiration or other termination of this Agreement. 22 32. RIGHT TO RECORD. Lessee shall have the right at its expense, to record this lease in the Public Records of St. Lucie County, Florida. 33. DATE OF THIS AGREEMENT. Any reference in this lease to the words "date of this agreement" or "date of this lease" shall be deemed to be the date this lease is approved by the Board of County Commissioners. 34. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Agreement and this Agreement shall be interpreted in favor of this Agreement. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. 35. VENUE. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument a3 introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. IN WITNESS WHEREOF, Lessee has executed this Lease Agreement on this day of 2010. WITNESSES, BY: Zia,o —o NAME: f�%� / /��•�, STATE OF FLORIDA � / ) COUNTY OF V US i ; ) ss CIVIL PATROL, INC. oar, TITLE: ��,•-�.,�v. _ ��� , ri St-caN BEFORE ME, the undersigned authority, personally appeared /c Cjn (( , Civil Air Patrol Florida Wing Commander, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before`,me that he executed saidW instrument for the purposes therein expressed on this ( day of IV , 2010. (�e�- Ae-- Notary Public State of Florida r""••, KIM BEKDERNAH .�1�aY PU64 24 I : Notary Public - State of FloridaMy Comm. Expires Dec 5, 2013"r Commission # DD 918812 Banded Through National Notary Assn. My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK STATE OF FLORIDA ) ) ss COUNTY OF ST. LUCIE ) BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY BEFORE ME, the undersigned authority, personally appeared chairman of the St. Lucie County Board of County Commissioners, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed on this _ day of , 2010. Notary Public State of Florida 25 My Commission Expires: Personally Known _ Produced Identification Type of Identification Produced: gAatty\agreemnt\lease\civil air partrol.final.doc W (Notary Seal) EXHIBIT "A" LEGAL DESCRIPTION OF LEASED PREMISES From southwest corner of section run south 89 deg., 31min., 34 sec. east 30 feet along south line of section, thence north 00 deg., 26 min., 26 sec. east 525.11 feet parallel to west line of section, thence south 87 deg., 51 min., 34 sec. east 36.09 feet to POB, thence south 87 deg., 51 min., 34 sec. east 180 feet, thence south 00 deg., 26 min., 26 sec. west 118.81 feet., thence north 89 deg., 31 min., 34 sec. west 179.92 feet., thence north 00 deg., 26 min., 26 sec. east 124.05 feet to POB, Section 29, Township 35 South, Range 40 East, St. Lucie County, Florida. 27 FcW6U7MNTy F L O R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport Resolution No. 10-282; Security Enhancements See attached memorandum. VI-Cl 11 /23/10 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Todd A. Cox Airport Manager 140351-4220-563000-4803 Infrastructure; 140351-4220-563005-4803 Infrastructure — Consult Engineer; 140365-4220-563000-48015 Infrastructure September 18, 2007 - Board approved Resolution No. 07-271 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement. April 8, 2008 - Board approved Resolution No. 08-098 accepting the Florida Department of Transportation (FDSupplemental NoJoint 09-258Participation acceptingAgreement. the Florida September 8, 2009 — Board approved Resolution Department of Transportation (FDOT) Joint Participation Agreement. Board approval of Resolution No. 10-282 accepting the FDOT Joint Participation Agreement with no local match required in the amount of $139,405 for the security enhancements project, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coordination/Signatures County Attorney ( ) L& Heet+4ep*e,614 9 - t, qA-P_ Purchasing ( ) Originating Dept. ( ) Desiree Cimino Melissa Simberlund 99F� Mark Satterlee CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director Budget Analyst ERD Marie Gouin Patty Marston Y COU NTY F L Q R I D A TO: Board of County Commissioners AIRPORT MEMORANDUM THROUGH: Mark Satterlee, AICP, Planning & Development Services Director FROM: Todd A. Cox, C.M., Airport Manager DATE: November 23, 2010 SUBJECT: Resolution No. 10-282; Security Enhancements ITEM NO. VI-C1 Background: This agenda request is for Board acceptance of the attached Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) related to the security enhancements project at St. Lucie County International Airport. The funds associated with this JPA are the unused balance of funds tied to the recent completion of the Runway 10R/281- Rehabilitation and the Phase II Access Control System projects. The Phase II Access Control System project was initially approved by the Board in September 2007 with an additional FDOT Supplemental Joint Participation Agreement approved in April 2008. The project was completed leaving an unused balance of $159,926. This balance consists of $127,941 in FDOT grant funds and $31,985 in local match funds. The 10R/28L Runway Rehabilitation project was initially approved by the Board in September 2008. The project was completed and closed out in September 2010 A portion of this project was funded under a 50/50 grant with FDOT leaving an unused balance of $22,928. This balance consists of $11,464 in FDOT grant funds and $11,464 in local match funds. In September 2010, the Airport advised FDOT that it would not be using the remaining balance of the two grants. FDOT stated that they would issue a new JPA combining the $127,941 and $11,464 in remaining FDOT funds, thus allowing the Airport to use a total of $139,405 to fund 100% of the security enhancements project. The Airport plans to use these funds for additional upgrades to its existing security system, fence installation, and the installation of facility and airfield monitoring equipment designed to provide increased safety and security for the airport. The remaining unused local match funds ($43,449) will be moved to the Airport's local match reserve account (140-4220-563000-4804) for future projects. Recommendation Board approval of Resolution No. 10-282 accepting the FDOT Joint Participation Agreement with no local match required in the amount of $139,405 for the security enhancements project, and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 10-282 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 429306-1-94-01) FOR SECURITY ENHANCEMENTS AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for Security Enhancements at the St. Lucie County International Airport (Fin. Proj. No. 429306-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 429306-1-94-01) to provide funding for Security Enhancements at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairman to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 10-282 was as follows: Chairman Chris Craft XXX Vice -Chairman Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Paula Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this day of ATTEST: BY: DEPUTY CLERK 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY PA Financial Project No 429306-1-94-01 (item -segment -phase sequence) Contract No CFDA Number. STATE OF FLORIDA DEPARTMENT OF TRANSPORTA7]ON PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Fund DS Function- 627 Federal No . DUNS No FLAIR 088719 725-030-36 PUBLIC TRANSPORTAT-ON 0700 Paae 1 of 14 Object Ccde_ 750004 Org. Code. 55042010428 Vendor No VF596000835010 CSFA Number 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners hereinafter referred to as Agency The Department and Agency agree that all terms of this Agreement will be completea on or before December 30, 2012 in accordance with Section 18.00. and this Agreement will expire unless a time extension is provided W I T N E S S E T H : WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction Including the implementation of an integrated and balanced transportation system and is authorized under 332 006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows 1.00 Purpose of Agreement: The purpose of this Agreement is To provide FDOT participation in a Security Enhancement project at St Lucie County International Airport. and as further described in Exhibit(s) A, B, C, & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed 725 030-o6 PUBUCTRANSPCR7ATiON 07%10 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 139,405 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies; in the project in the amount of $ 139,405 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B'', whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed, (b) Availability of funds as stated in Section 17.00 of this Agreement, (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available 4.20 Front End Funding : Front end funding O is * is not applicable If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4 00. 5.00 Retainage : Retainage O is * is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 725-030-06 PUBLIC TRANSPORTA-ION 07!10 Page 3 of 14 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in, the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds; or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others: shall be supported by properly executed payrolls time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D'' attached hereto and by this reference made a part hereof this Agreement 725-O3C-0E PUBLIC TRANSPORTATON 37/1 G Page a of 1_, 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215 97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part 2 In connection with the audit requirements addressed in Part I, Paragraph 1 , the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133 3 If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency, Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1 , the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10 550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 725-030-06 PUBLIC TRANSPORTATION Page 9 of 14 Part III Other Audit Requirements 1 The Agency shall follow-up and take corrective action on audit findings Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2 Records related to unresolved audit findings; apGeals or litigation shall be retained untie the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department. the Department Comptroller, and the Auditor General. This sect;on does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official Part IV Report Submission Copies of reporting packages for audits conducted In accordance with OMB Circular A-133, as revised, and required by Section 7 62 Part I of this agreement shall be submitted, when required by Section 320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following A The Department at each of the following addresses Office of Modal Development 3400 W Commercial Blvd Ft Lauderdale, FL 33309 B The number of copies required by Sections .320 (d)(1) and (2), OMB Circula- A-133, submitted to the following address. Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following Office of Modal Development 3400 W Commercial Blvd Ft Lauderdale, FL 33309 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 725-030-06 PUBLIC TRANSPORTATION 07/1^ Page 6 of,,, Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following A The Department at each of the following addresses Office of Modal Development 3400 W Commercial Blvd Ft Lauderdale, FL 33309 B The Auditor General's Office at the following address Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd, Ft Lauderdale, FL 33309 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215 97, Florida Statutes, and Chapter 10 550 (local governmental entities) or 10 650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10 650 (nonprofit and for -profit organizations). Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans ,2`,-C3C-06 P JS'JC TP,AfJSPCRTA`16N C7'C Pace 7 o' 14 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd. Ft Lauderdale 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property FL. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto, 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project, 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved, 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein, or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B " 725-030-06 PUBLIC TRANSPORTATION 07n 0 Pace 8 of 14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project, or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8 26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed: (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs, and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records, and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same 725-037-OE PU9L!CTRANSDORTA ION 07» C Page 9 o* 14 12,20 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F S , Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age. creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following Employment upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U S.C. 2000d, et seq ), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title Vlll - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq , which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex. and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S C 12102, et seq ), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 725-C30-06 PUBCC TRANSPORTATION 07/10 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 725-030-H PUBLIC TRANSPORTATION 0'!'10 Page?t of ?a 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge; or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8 23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature 725-030-Oe PUBLIC TRANSPORTATION 07110 Page 12 of 14 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339 135(6)(a), F S , are hereby incorporated: ''(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year '' 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before December 30, 2012 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 72'-CK-0F PUeL1C TRANSPORTATION C-!' 0 rage 13 C` 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies othenNise The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services The 20 days are measured from the latter of the date the invoice is received or the goods or services are received; inspected and approved If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877-693-5236. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287 017, F S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity 725-030-ce PUBLIC TRANSPORTATION 07/10 Page 14 or 14 Financial Project No. 429306-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St Lucie County Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) IGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Fin. Proj. No.: 429306-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC. PROJECT LOCATION: St Lucie County International Airport PROJECT DESCRIPTION Security Enhancements SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires our agreements to contain a scope of work that clearly establishes quantifiable and measurable deliverables. The attached Department of Financial Services link will provide guidance concerning accountable contract development. The scope of work is specifically addressed in chapter 1 http //www myfloridacfo com/aadir/docs/ContractandGrantManagementUserGuide.pdf Narrative This multi -phase project consists of fencing, facility and airfield monitoring equipment, and access control projects designed to provide increased safety and security for the airport. Justification Allows continued compliance with federal and state grant obligations Deliverables shall include: 1. Develop a detailed scope of services for the above named project that clearly establishes quantifiable and measurable deliverables. It will be submitted with the first reimbursement request. For construction, the schedule of values can be used as the deliverable. 2. Additional deliverables will be determined in the detailed scope. 3. The final deliverable is two upgraded gates, camera monitoring system for runway 10L/28R and additional fencing Fin. Proj. No.: 429306-1-94-01 Contract No.: Agreement Date. EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC. I TOTAL PROJECT COST: $139,405 II . PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc 0 0011/0 $0 Agency Participation: I n-Knd Cash Other 0.00% $0 "Ma)amum Department Participation Primary (DS) (DDR) (DIM) (PORT) 100.009% $139,405 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable DL III. TOTAL PROJECT COST: $139,405 STATE OF -LORCA DEPARTMENT OF TRANSPORTATION T25-L�G'5 EXHIBIT "C" AVIAT�oN O%O - 031C9 Page ± of 9 AVIATION PROGRAM ASSURANCES FINANCIAL PROJECT NO.: 429306-1-94-01 EFFECTIVE DATE: A. General 1 The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or special district, such as an Airport Authority (herein, collectively referred to as "Agency") 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit A, "Project Description and responsibilities" and Exhibit B, "Project Budget", as well. as serving to protect public investment in public -use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4 The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed, equipment acquired, or project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms of the Agreement and/or these assurances 8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or these assurances shall be notified, in writing, by the Department, identifying the specifics of the non- compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this project. 10 Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for further state funding of airport projects by the Department B. Agency Compliance Certification 1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local government, as well as Department policies, guidelines, and requirements, including but not limited to the following a. Florida Statutes (F.S.) • Chapter 163, F.S., Local Government Comprehensive Planning and Land Development • Chapter 329, F S., Aircraft Title, Liens, Registration, Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning b Florida Administrative Code (FAC) • Chapter 9J-5, FAC, Review of Comprehensive Plans and Determination of Compliance • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION '25-040-15 EXHIBIT "C" AVIATION O GC - 03/09 AVIATION PROGRAM ASSURANCES Page 2of9 • Section 62-701 320(13), FAC, Solid Waste Management, Permitting, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d Department Requirements • Eight Steps to Building a New Airport • Florida Airport Financial Resource Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Guidelines for Plan Development 2. Construction Certification: The Agency hereby certifies, with respect to a construction -related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to the following a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design b. Local Government Requirements • Local Building Codes • Local Zoning Codes c Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") • Manual on Uniform Traffic Control Devices • Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports" • Standard Specifications for Construction of General Aviation Airports 3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and state policies, regulations, and laws, including but not limited to the following a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050 4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re Condemnation) • Section 286.23, F S , Public Business Miscellaneous Provisions C. Agency Authority , 5'.p5_paS,_5 SATE OF FLORIDAFLORIDH DEPARTMENT OF TRANSPCRTATIDN AVIPTION EXHIBIT "C" C ec-03/09 Page 3 of 9 AVIATION PROGRAM ASSURANCES 1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to enter into this Agreement and commit to this project, that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsors governing body authonzing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida, that it has sufficient funds available to assure future operation and maintenance of items funded by this project, which it will control, and that authority has been granted by the airport sponsor governing body to commit those funds to this project. D. Agency Responsibilities The Agency hereby certifies it currently complies with or will comply with the following responsibilities 1. Accounting System a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice 2 Good Title a. The Agency holds good title; satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3 Preserving Rights and Powers a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4, Hazard Removal and Mitigation a For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333 03, F.S., "Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure local government STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION '25-040-15 EXHIBIT "C" AVIATION OGC - 03/09 AVIATION PROGRAM ASSURANCES Page of adoption of an airport zoning ordinance or interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations C. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans a. The Agency assures the project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the project. C. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Master Plan. b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which shows (1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto, (2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities, and (3) The location of all existing and proposed non -aviation areas on airport property and of all existing improvements thereon. c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. 8 Airport Financial Plan a The Agency assures that it will develop and maintain a cost -feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. (1) The financial plan shall be a part of the Airport Master Plan. (2) The financial plan shall realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. (3) The financial plan shall not include Department funding for projects which are inconsistent with the local government comprehensive plan. b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Joint Automated Capital Improvement Program (JACIP) online website 9. Airport Revenue The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system, or other local facilities which are owned or operated by the ?25-040-� 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AVIATION EXHIBIT "C" � Q '�' o9 paae5of 9 AVIATION PROGRAM ASSURANCES owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport 10 Fee and Rental Structure a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will make the airport as seif-sustaining as possible under the circumstances existing at the particular airport b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the fair market value. c. The Agency assures that property or facility leases for aeronautical purposes shall not exceed a period of 30 years. 11, Public -Private Partnership for Aeronautical Uses a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant -specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. Duration of the terms or conditions in Section D1 1 a shall not exceed a period of 30 years. 12. Economic Nondiscrimination a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. (1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport (2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards The Agency assures that in projects involving airport location, major runway extension, or runway location that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14 Operations and Maintenance a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public - use airport. (1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. (2) Except in emergency situations, any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department (3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 125-040-15 EXHIBIT "C" AvIATION OGC - 03/09 AVIATION PROGRAM ASSURANCES Page 6Of9 a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding b Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects. 16 Project Implementation a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee c Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public 18 Airfield Access a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval 19 Retention of Rights and Interests The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport -compatible purposes. 20. Consultant, Contractor, Scope, and Costs a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional services 21 Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will a. Execute the project per the approved project narrative or with approved modifications. b Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such material available for public review, unless exempt from public disclosure. (1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 Florida Statutes (2) No material prepared under this Agreement shall be subject to copyright in the United States or any other country STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXHIBIT "C" AVIATION PROGRAM ASSURANCES 725-040-1 5 A,/IA-ION OGC - 03I09 Page 7 of 9 d Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: (1) Provide copies, in electronic and editable format; of final project materials to the Department, including computer -aided drafting (CAD) files of the Airport Layout Plan. (2) Develop a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto The cost -feasible financial plan shall realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system (3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program (JACIP). f. The Agency understands and agrees that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. h The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow for adequate time for review (reference Section 215.422(1), F.S.) 22 Land Acquisition Projects If this project involves the purchase of real property, the Agency assures that it will. a Laws: Acquire the land in accordance with federal and state laws governing such action Administration: Maintain direct control of project administration. including (1) Maintain responsibility for all related contract letting and administrative procedures (2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. (3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation. (4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. (5) Establish a project account for the purchase of the land- (6) Collect and disburse federal, state, and local project funds. c Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply with the following requirements. (1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement (2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes. (3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are to achieve normal project state and local funding shares as described in Chapter 332, Florida Statutes. (4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" AVATIor4 OGC - 03/09 AVIATION PROGRAM ASSURANCES Page Sof9 d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency assures that it will (1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. (2) Complete an Airport Master Plan within two years of land purchase. (3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land: For disposal of real property purchased in accordance with the terms and assurances of this Agreement, the Agency assures that it will comply with the following: (1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its fair market value (2) Land shall be considered to be needed for airport purposes under this assurance if (a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer. (b) Revenue from uses of such land contributes to airport financial self-sufficiency. (3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. (4) For disposal of real property purchased with Department funding (a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any airport -owned real property (b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. (c) Sale of real property acquired with Department funds shall be at fair market value as determined by appraisal, and the contract for sale must be approved in advance by the Department. (d) If any portion of the proceeds from the sale to the Agency is non -cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non -cash considerations. 23. Construction Projects: The Agency assures that it will a. Project Certifications: Certify project compliances, including (1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public -use airport (3) Completed construction complies with all applicable local building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certify that: (1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. STATE OF FLORIDA DEPARTMENT OF-RANSPORTATION 725-040-1 5AVIATION EXHIBIT "C" occ-03/09 ?age 9 cf 9 AVIATION PROGRAM ASSURANCES (2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this Agreement (3) The proiect Engineer shall perform a review of the certification requirements listed in Section B2 above and make a determination as to their applicability to this project (4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations c Inspection and Approval: The Agency assures that (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting; as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 24. Noise Mitigation Projects: The Agency assures that it will a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. (1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency (2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the agreement. b Private Agreements: For noise compatibility projects on privately owned property, (1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. (2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement Fin Projec, No Contract No. Agreement Date EXHIBIT D State Agency Catalog of State Financial Assistance (Number & Title) Amount FDOT 55004 - Aviation Grant Program $139;405 COMPLIANCE REQUIREMENTS Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP); noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans, - Environmental assessments (EA); - Development of regional impact (DRI), - Operations and emergency response plans, - Federal Aviation Regulations (FAR) Part 150 noise studies, - Environmental impact studies (EIS); - Wildlife hazard studies; - Feasibility and site selection studies; - Business plans, - Airport management studies and training, - Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: - Air -side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations), - Land -side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings; and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards), - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) Joint Participation Agreement (JPA) Exhibit D Page 1 Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements, -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact, -Building for lease, -Industrial park infrastructure and buildings, -General aviation terminals that will be 100 percent leased out, -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us/Aviation/Public.htm. Allowable Cost: See part three of compliance supplement Cash Management: See part three of compliance supplement Matching Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 80 percent of the non- federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development Joint Participation Agreement (JPA) Exhibit D Page 2 The Department provides up to 50 percent of airport economic development funds to build on - airport revenue -producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332 007(6) Florida Statutes) Joint Participation Agreement (JPA) Exhibit D Page 3 IV ITEM NO. VI-D AGENDA REQUEST DATE: 11/23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Steve Fousek SUBMITTED BY: Environmental Resources Department, Environmental Lands Environmental Regulations and Lands Division Coordinator SUBJECT: Florida Power & Light Company License Agreement renewal for Oxbow Eco- Center trail connection BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: February 28, 2006 - BOCC approval of license agreement renewal March 13, 2001 — BOCC approval of license agreement RECOMMENDATION: Board authorization to approve the License Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (�J APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) IOMB Director ( ) n2>L Budget Analyst Originating Dept. (X) Finance ( ) Karen Smith Tawonna Johnson/ Marie Gouin Shai Francis Environmental Resources Department MEMORANDUM TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director/(::N— r FROM: Steve Fousek, Environmental Lands Coordinator' DATE: November 23, 2010 SUBJECT: Florida Power & Light Company License Agreement renewal for Oxbow Eco-Center trail connection ITEM NO. VI-D2 Background: On March 13, 2001 the Board approved the original License Agreement with Florida Power & Light Company (FPL) allowing St. Lucie County to construct and maintain a hiking trail across FPL property connecting the Oxbow Eco-Center with the River Place residential community. The proposed agreement is scheduled for renewal every ten (10) years. The current license agreement expires on December 31, 2010. This renewal will extend the agreement until December 31, 2020. Recommendation Board authorization to approve the License Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. TT �5 r t YMOP, 0 LICENSE AGREEMENT (FPL License #0047-ED-1998) THIS LICENSE AGREEMENT, hereinafter also referred to as "License" and/or "Agreement", is made this between FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereinafter referred to as "Company" and St. Lucie Board of County Commissioners, whose mailing address is, 2300 Virginia Ave, Fort Pierce, FL 34982, hereinafter referred to as "Licensee". WITNESSETH WHEREAS, Company is the owner of title in fee simple to real property in St. Lucie County, Florida, hereinafter referred to as "Land" and more particularly described as: A parcel of land located in the NW '/4 of section 16, Township 36 South, Range 40 East, in St. Lucie County, Florida more particularly described and shown on "Exhibit A" attached hereto and incorporated herein by this reference. AND, WHEREAS, Licensee desires to occupy and use the Land as stated herein; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Company hereby grants and Licensee hereby accepts this License to use and occupy the Land upon the following terms, conditions and provisions: TERMS, CONDITIONS AND PROVISIONS 1. Use: The Land is to be used by Licensee solely for an ingress and egress footpath trail connecting The St. Lucie County Environmental Learning Center to an adjacent residential development, but for no other purpose. Licensee shall obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Land and provide to Company copies of any permits it obtains for the use of the Land. Licensee shall pay for all utility and other services furnished to or for Licensee on the Land. 2. Term: This License is for a term of ten (10) years, unless earlier terminated as provided herein, beginning upon the 13' day of January 2011, and ending upon the 31" day of December 2020. 3. Rental: Licensee hereby covenants and agrees with Company, that during the initial term of this License, Licensee shall pay to the Company the total amount of Zero Dollars and Zero Cents ($0.00) plus sales tax if applicable, commencing upon the first day of the term of this License in installments according to 'Rent Schedule / Payment Amount" below. All payments shall be made to the Company at the following address upon receipt of invoice: FPL General Mail Facility Miami, Florida 33188-0001 Rent Schedule / Payment Amount N/A N/A 4. Comoanv's Rights: Licensee hereby acknowledges that Company is the owner of fee simple title to the Land described herein and agrees never to claim any interest or estate of any kind or extent whatsoever in the Land by virtue of this License or the occupancy or use hereunder. Licensee's use of the Land shall always be subordinate to Company's rights in the Land. Company reserves the right to enter upon the Land at any time for its purposes and Licensee shall notify its employees, agents, contractors, invitees, and licensees accordingly. Company and its contractors will not be responsible or liable for any damage or loss to Licensee resulting from Company's use thereof for such purposes. Further, Company may at its discretion install or permit others to install upon the Land other overhead or underground facilities. Form Rev. 4/23/04 5. Restrictions on Use: Licensee shall not use the Land in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Land or may tend to cause a hazardous condition to exist. Specifically, Licensee shall not cause or permit any waste of the Land, including the removal of soil, addition of fill or altering of existing grade, without the written permission of Company. Licensee shall keep the Land clean and clear so as to prevent it from becoming unsightly and shall not store materials and will see to it that no debris or trash is dumped or deposited thereon. Licensee shall keep the Land free and clear of rodents, bugs and vermin, and Licensee shall use, at its cost and at such intervals as Company shall reasonably require, a reputable pest extermination contractor to provide extermination services to the Land. Licensee shall drill no well on the Land nor construct or erect any building, structure, fixture, fences, shelter, attachment, or other improvement, whether the same be permanent or temporary, without prior written permission of Company. Any work to be performed by Licensee on the Land shall be in accordance with detailed plans and specifications to be prepared by Licensee and submitted to Company for written approval thereof. It is expressly agreed that Licensee shall not commence any such work until said plans and specifications have been so approved by Company. It is understood by Licensee that electrical equipment and appurtenances, including overhead and underground wires installed or to be installed on the Land by Company are conductors of high -voltage electricity. Licensee understands that disturbance of any of these facilities may cause a hazardous condition. Licensee will exercise extraordinary precautions so as to prevent damage or injury to property or persons in the vicinity of such facilities. Licensee agrees to notify its employees, agents, contractors, invitees and licensees of the existence of said high -voltage facilities and other installations. Licensee shall maintain effective dust control measures to prevent contamination of insulators. No equipment capable of extending greater than fourteen feet (14') above existing grade shall be permitted on the Land. Licensee shall not at any time permit trees, brush, plants, or any other foliage to exceed a height of fourteen feet (14') above existing grade. Licensee shall have the affirmative obligation of annually trimming trees, brush, plants or any other foliage to comply with this fourteen foot requirement and is obligated to provide Company with written notice that it has complied with this obligation on an annual basis. Company, in turn, shall have the right to inspect the Land to make certain that Licensee has complied with this requirement. Any violations of compliance with these vegetation requirements will result in the immediate cancellation of this License. 6. Company's Right to Cure: During the term of this License, Company, at its sole discretion, has the right to remove or cause to be removed by it or its contractors, all objects, materials, debris, or structures that create a hazardous condition to Company's facilities or interfere with Company's use of its facilities. Company may, at its sole discretion at any time during the term of this License, require the Licensee to post a bond in an amount determined by the Company to be necessary to protect its facilities. Said bond may be drawn upon by the Company in the event it must expend costs to cure any and all violations under this License, hazardous conditions and restore power resulting from electrical outages. All costs expended by Company pursuant to this paragraph will be the sole obligation of Licensee and will be reimbursed to company immediately upon demand. In the event any of Licensee's activities on or use of Company's land result in electrical outages, all costs incurred by Company to restore power are the sole responsibility of Licensee and will be reimbursed to Company immediately upon demand. Any failure by Licensee to comply with its obligations under the terms of this paragraph will result in the immediate cancellation of this License without waiving Company's right to pursue any other remedies for damages. 7. Fencin4: Fences may be installed on, over or across the Land upon obtaining prior written permission from Company, provided Licensee installs gates of adequate size to provide Company vehicles with ingress and egress to its facilities at all times. Such gates shall be provided at all locations where the fences cross Company patrol and finger roads and at all locations otherwise specified by Company. Fences and gates are to be grounded according to Company's specifications. Form 3737 Rev. 4/1/2004 8. Environmental: Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be placed on, under, transported across, or stored on the Land, which restricts, impairs, interferes with, or hinders the use of the Land by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Land and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. Licensee further agrees that spraying of herbicides will be done in a manner so as to prevent the spray from making contact with Company facilities. Spraying using aircraft is strictly prohibited. 9. Compliance with Laws: Licensee agrees at its sole cost and expense to comply with all laws, rules, and regulations of any governmental authority having jurisdiction over the Land or use of Land and to employ practices standard in the County in which the Land is located for the purpose for which this License is granted and for the protection of the Land. 10. Termination: Either Company and/or Licensee may terminate this License by giving the other party at least ninety (90) days written notice of such termination. If Company terminates this Agreement for any reason not related to Licensee's breach thereof, then Company shall refund to Licensee, all unexpired and unused prorated portion of Licensee's advanced rental payment. Company may, at its election, terminate this License forthwith at any time if Licensee fails to comply with or abide by each and all of the provisions hereof or keep all and singular Licensee's promises and agreements herein, and any advance payments which may have been paid by Licensee to Company hereunder shall be retained by Company as and for liquidated damages, it being understood and agreed that the damages to be incurred by Company in the event of Licensee's failure to perform hereunder are not capable of being ascertained with mathematical precision as of the date of execution and delivery hereof. This License will terminate automatically upon the death or dissolution of the Licensee or if Licensee shall become insolvent or bankrupt or make an assignment for the benefit of creditors. 11. Surrender. At the commencement of this License, or at any time during the term thereof, Company at its sole discretion, may require Licensee to post a surety bond in an amount determined by the Company to ensure that Licensee shall quietly and peaceably surrender and deliver possession of the Land upon the expiration, revocation or other termination of this License. Licensee is required to deliver the Land in as good a condition as existed prior to the date of commencement hereof and within five (5) business days of such expiration, revocation or termination of this License. Licensee shall remove all personal property placed by it on the Land and shall repair and restore and save Company harmless from all damage caused by such removal. If such property is not so removed by Licensee, Company shall have the right to take possession of and appropriate to itself, without any payment or offset thereof, any property of Licensee or anyone claiming under Licensee then remaining on the Land. Company shall have the right to make such removal at Licensee's sole cost and expense, the amount of which Licensee agrees to pay to Company upon demand. 12. Notices: All notices under this License shall be deemed served when deposited in the United States mail, registered or certified mail or prepaid overnight courier and addressed to the parties at the addresses first written above. Either party may, at any time, designate in writing a substitute address for the address first written above, and thereafter notices shall be directed to such substituted address. 13. No Encumbrances: Licensee expressly covenants and agrees that the Land shall not be subject to any encumbrance by any mortgage or lien nor shall the Land be liable to satisfy any indebtedness that may result from Licensee's permitted operation. Form 3737 Rev. 4/1/2004 14. Indemnity: Company, its parent, subsidiaries, affiliates and each of their respective officers, directors, employees and agents (hereinafter referred to collectively and singularly as "FPL Entities") shall not be liable for any death or injury to person(s), or damage to real or personal property arising out of or in connection with Licensee's occupancy and use of the Land; nor shall FPL Entities be liable in any way for operations carried on by Licensee or any public, quasi -public or private companies, or governmental agencies or affiliated entities, or for loss of property by theft. Licensee shall assume all risk of loss of or damage to its own real and personal property and that of its employees, patrons, agents, contractors, subcontractors, vendors and invitees however occurring, except as may otherwise be specially provided under the terms of this License. Licensee shall exercise its privileges hereunder at its own sole risk and agrees to indemnify and hold harmless FPL Entities from all claims, damages, liability, loss, cost, and expense, including, but not limited to court costs and attomeys' fees, which may be sustained by FPL Entities, to any person, natural or artificial, by reason of the death of or injury to any person or damage to any real or personal property, whether or not due to or caused by the negligence of FPL Entities, arising out of, resulting from, or in any way related to the use of the Land by Licensee, its employees, agents, contractors, vendors and/or invitees. Licensee agrees to defend, at its cost and expense and at no cost and expense to FPL Entities, any and all suits or actions instituted against FPL Entities for the imposition of such liability, loss, cost, and expense, subject to the provisions of, and limitations set forth in, Section 768.28, Florida Statutes, when applicable. This paragraph shall survive the expiration or earlier termination of this Lease, or any renewal term thereof. 15. Insurance: Licensee shall, during the period of this License or any extension thereof, maintain at its sole cost and expense a liability policy with minimum limits of $1,000,000.00 for bodily injury or death of person(s) and $1,000,000.00 for property damage arising out of a single occurrence. Said policy shall be endorsed to insure against obligations assumed by Licensee in the indemnity herein. A Certificate of Insurance naming Florida Power & Light Company as both an "Additional Insured" and as a "Certificate Holder" shall be furnished to Company evidencing that said policy of insurance is in force and will not be cancelled or materially changed so as to affect the interests of FPL Entities until ten (10) days written notice has been furnished to Company. Upon request, copies of policies will be furnished to Company. Licensee understands and agrees that the use of the Land is expressly contingent upon acceptance and compliance with the provisions contained herein. 16. Ingress & Egress: Company makes no warranties or representations concerning the Land or any means of ingress thereto or egress therefrom. Licensee shall not use for ingress and egress the right-of-way adjoining the subject property and Licensee shall not use the patrol and finger roads within the right-of-way for any purpose not herein expressly provided. At Company's structures, a strip of land forty feet (40') wide, twenty feet (20') on each side of the structures, including anchors and appurtenant equipment, shall not be used. 17. No Transfer: Licensee may not, without the prior written consent of Company, transfer, assign, sublet, enter into any license or concession agreement, or mortgage or hypothecate this License. 18. Taxes & Assessments: Licensee shall pay before delinquency all taxes, assessments, license fees and public charges levied, assessed or imposed upon its business operation, as well as upon its leasehold interest, trade fixtures, furnishings, equipment, leasehold improvements made by Licensee, alterations, changes and additions made by Licensee, merchandise and personal property of any kind owned, installed or used by Licensee in, on or upon the Land. 19. Holdina Over: If Licensee remains in possession of the Land, or any part thereof, after any termination of this License, no tenancy or interest in the Land shall result therefrom, but such holding over shall be an unlawful detainer and all such parties shall be subject to immediate eviction and removal, and Licensee shall upon demand pay to Company, as liquidated damages, a sum equal to double the rental as set forth in Section 3 during any period which Licensee shall hold the Land after the Term has expired. 20. Waiver of Jury Trial: Licensee knowingly, voluntarily and intentionally waives the right it may have to a trial by jury in respect of any litigation based hereon, or arising out of, under or in connection with this License, or any document contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statement (whether oral or written) or action of Licensee. Form 3737 Rev. 4/1/2004 4 21. Applicable Law and Venue: These terms and conditions are governed and interpreted pursuant to the laws of the State of Florida. All legal matters arising out of, or in connection with this agreement shall be subject to a court of competent jurisdiction within the State of Florida. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any of the remaining provisions. 22. Time & Entire Agreement: Time is of the essence, and no extension of time shall be deemed granted unless made in writing and executed by both Company and Licensee. This instrument constitutes the entire agreement between the parties relative to the License hereby granted, and any agreement or representation which is not expressly set forth herein and covered hereby is null and void. Any amendment, modification, or supplement to this License must be in writing and executed by both Company and Licensee. Waiver by Company of any breach of any term or provision hereof shall not be deemed a waiver of subsequent breach of the same or any other term or provision hereof. 23. Conflict of Law: Should any provision of this License be determined by a court of competent jurisdiction illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event of any litigation arising out of enforcement of this License, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attomeys' fees. 24. Headings: The headings and underscorings contained herein are for convenience purposes only and shall not be used to interpret nor be deemed to extend or limit the speck sections. All terms used herein shall be construed as embracing such number and gender as the character of the party or parties require(s). 25. Radon: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risk to persons who are exposed to it over time. Levels of radon that exceed Federal and State Guidelines have been found in buildings in the State the Land is located. Additional information regarding radon and radon testing may be obtained from your county public health unit. IN WITNESS WHEREOF, the parties hereto have caused this License to be signed the day and year first above written. Witnesses for Company: Signature: Print Name: Signature: Print Name: Witnesses for Licensee: Signature: Print Name: Signature: _ Print Name: COMPANY: FLORIDA POWER & LIGHT COMPANY, a Florida corporation By: Name: Dean J. Girard Its: Asset Manager LICENSEE: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida By: _ Name: Its: 5 Form 3737 Rev. 4/1/2004 `POINT OF COMMENCEMENT NW CORNER SECTION 16 T-36—S, R-40—E W O O N u N 89'52'42' E NORTH LINE OF FLORIDA POWER AND LIGHT COMPANY WOOD POWE 7 ORB 198, PG 1040 POLE WITHGUY WIRES CONCRETE POWER POLE WITH GUY WIRES CENTER LINE 40'--� ACCESS EASEMENT SCALE: 1' = 80' POINT OF BEGINNING CONCRETE POWER POLE WITH GUY WIRES N 2 !N M �c IA b c+ �ya, n a, Z 2 o ♦, o Z � o J VI CONCRETE POWER POLE WITH GUY WIRES NORTH LINE OF THE SOUTH 1/2 -� OF THE NW 1/4 OF SECTION 16 POINT OF TERMINATION 1 4 c rz MINT A THIS B NOT A SERVEY .. BOARD OF COIRiEY COI'11�.1 ••••a, ar un 11 v I I [ o M Q703 OT D1oAL L�D>Z/ It EOCB COMM. HAM& ' O e ,I • AOC' IAfaliQd Pam•Om vulg 310I�O 4Y�( ass I 1tZ L1ROi. a .� AC�.... : a AN EASEMENT FOR ACCESS PURPOSE OVER, AND ACROSS A PARCEL OF LAND LYING IN SECTION 16, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA. SAID EASEMENT LYING 20.00' FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE NORTH WEST CORNER OF SECTION 16, T-36-S, R-40-E, THENCE S 00 10'14" E ALONG THE WEST LINE OF SAID SECTION 16 A DISTANCE OF 662.42' FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND RECORDED IN ORB 198 AT PAGE 1040 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE N 89 52142" E ALONG SAID NORTH LINE A DISTANCE OF 1385.28 FEET TO THE POINT OF. BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE S 18 18'29" E A DISTANCE OF 104.44' FEET; THENCE S 07 16'04" E A DISTANCE OF 116.90' FEET; THENCE S 04 12'29" W A DISTANCE OF 134.02' FEET; THENCE S 07 24'33" E A DISTANCE OF 152.66' FEET; THENCE S 32 58'32" E A DISTANCE OF 192.32' FEET TO A POINT ON THE NORTH LINE OF THE SOUTH M OF THE NORTHWEST 1/4 OF SECTION 16 AND THE POINT OF TERMINATION. SAID EASEMENT CONTAINING 28,014 SQUARE FEET, 140RE OR LESS. BEARING BASE: THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 16, T-36-S, R-40-E IS TAKEN TO BEAR S 00 10'14" E AND ALL OTHER BEARINGS ARE RELATIVE THERETO. CERTIFICATE: I hereby certify that the sketch of legal description represented hereon,, dated this 4 — day of J646,2D 2000, is true and correct to the best of my knowledge -and belief, .and meets the Minimum Technical Standards set forth by the Florida Board of Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to .Section 472.072 Florida Statutes. NOTE: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER P^i PR FES ONAL SURVEYOR AND MAPPER RONALD H. HARRIS STATE OF FLORIDA NO. 4198 SHEET 2 OF 2 ITEM NO. VI-C2 7�QU NTH' °. F L O R I D A AGENDA REQUEST DATE: 11 /23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton De Witt SUBMITTED BY: Planning & Development Services Department Senior Planner 19) SUBJECT: Annual update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2010/11 — FY 2014/15. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to advertise proposed Ordinance 10-040 updating the Capital Improvements Element for FY 2010/11 — FY 2014/15 at a public hearing before the Board of County Commissioners on December 14, 2009. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coord i nation/Signatures County Attorney (X ) Daniel S. McIntyre County Engineer ( ) Originating Dept. ( X ) Michael Powley Mark Satterlee Faye W. Outlaw, MPA County Administrator OMB Director ( ) Budget Analyst Parks & Rec. ( ) Other ( ) Marie Gouin Robert O'Sullivan Debra Brisson Growth Management MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Qevelopment Services Director —� Kara Wood, Planning Manager FROM: Britton De Witt, Senior Planne / ) Planning Division �/ DATE: November 23, 2010 SUBJECT: Annual update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2010/11 — FY 2014/15. ITEM NO. VI-C2 Background: In 1990, the Board of County Commissioners enacted Ordinance No. 90-01, adopting the St. Lucie County Comprehensive Plan, including the Capital Improvements Element (CIE). Chapter 163.3177(3)(a)(6)(b)1, F.S. requires an annual update to the Capital Improvements Element. The procedure for updating the CIE is through a Comprehensive Plan text amendment that requires only one adoption public hearing by the Board of County Commissioners and is exempt from the two Comprehensive Plan amendment cycles administered by the State Department of Community Affairs (DCA). Previous Action: November 25, 2008 - BOCC adopted Ordinance No. 08-036 amending the Comprehensive Plan Capital Improvements Element for FY 2008/09 — FY 2012/13 in consideration of the annual update requirement. November 3, 2009 - BOCC adopted Ordinance No. 09-029 amending the Comprehensive Plan Capital Improvements Element for FY 2009/10 — FY 2013/14 in consideration of the annual update requirement. Recommendation: Board authorization to advertise proposed Ordinance 10-040 updating the Capital Improvements Element for FY 2010/11 — FY 2014/15 at a public hearing before the Board of County Commissioners on December 14, 2009. ITEM NO. VI -El - DATE: 11/23/10 • I , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor SUBMITTED BY: Parks and Recreation Services Parks Manager SUBJECT: Capital Improvement Projects - Digital Domain BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 362-7210-563000-107607 Digital Domain - Infrastructure PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the request from Sterling Facility Services, L.L.C. to complete the FY10/11 capital improvement projects in the amount of $102,267.77 as outlined in the agenda memorandum. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director County Attorney (X) d- Budget Analyst (X) DihiEg McIntyre Originating Dept. (X) Purchasing ( ) Debra Brisson " NV41% Marie Gouin Robert O'Sullivan Parks and Recreation 'COUNTY •1 D A MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director' FROM: Guy D. Medor, Parks M� DATE: November 23, 2010 SUBJECT: Capital Improvement Projects - Digital Domain ITEM NO. VI-E 1 Background: On August 1, 2003, St. Lucie County entered into a Facilities Use Agreement for the St. Lucie Sports Complex with Sterling Facility Services (SFS), owners of the New York Mets major and minor league baseball teams. Per the terms of the agreement, $160,423 of Tourist Development Tax is to be allocated annually through 2018 for capital improvements acceptable to SFS at Tradition Field. Since 2006, in an effort to expedite the improvements, the BOCC has approved the list of capital improvements and authorized SFS to manage the projects on a reimbursable basis upon submittal of substantiating documents. Below is a list of SFS's proposed capital improvement projects for FY10/11 totaling $102,267.77: a. Shade structure over bleachers on fields #4, 5, & 6 $50,544.00 b. Office workstations (major and minor league buildings) $ 4,104.00 c. Ticket office wall and door $ 1,944.00 d. Electrical outlets for minor league pitching tunnel $ 1,641.60 e. Mirrors for minor league weight room $ 1,857.00 f. Concession delivery gate (enlarge) $ 4,659.62 g. Office storage system for minor league trainer's room $ 2,415.39 h. Mets skybox furniture $ 2,160.00 i. Mets skybox windows $15,120.00 j. Air conditioning units — stadium concession stands $17,822.16 Previous Action: November 14, 2006 - BOCC approved SFS' Tradition Field capital improvement projects at a cost not to exceed the available balance of $100,164. January 15, 2008 - BOCC approved SFS' Tradition Field capital improvement projects at a cost not to exceed the available balance of $257,000. November 25, 2008 - BOCC approved SFS' Tradition Field capital improvement projects at a cost not to exceed the available balance of $176,925. October 13, 2009 — BOCC approved SFS's capital improvement projects at a cost not to exceed the available of $160,845.86. r Recommendation: Board approval of the request from Sterling Facility Services, L.L.C. to complete the FY10/11 capital improvement projects in the amount of $102,267.77 as outlined in this agenda memorandum. October 15, 2010 Guy D. Medor St. Lucie County 2300 Virginia Ave. Fort Pierce, Fl 34952-5652 Dear Guy, Per the facility use agreement, I am writing to request approval for the following capital improvement project listed below for the 2011 season. I have attached the project cost estimate for your review. As in previous years, Sterling Facility Services will manage all approved projects and submit reimbursements to St. Lucie County with appropriate substantiating documents. With Spring Training approaching, time is of the essence. We would like to begin work as soon as possible, with the hopes of completion by February 1, 2011. 2011 Capital Improvements • Shade structures over bleachers on Field # 4, 5 and 6. • Office Workstations (Major league and Minor League buildings). • Ticket office wall and door. • Electrical outlets in Minor League pitching tunnel. • Mirrors in Minor League weight room. • Concession Delivery Gate (enlarge). • File Cabinet system for Minor League trainer's room. • Mets skybox furniture. • Mets skybox windows. • Air conditioning units for stadium concession stands. As always, thank you for your time and cooperation. Regards, Paul Tagiieri Director of Florida Operations Cc: Eric Saretsky Karl Smolarz Debra Brison, 2011 Capital Projects Shade Structures over bleachers on Fields #4, 5 and 6. $ 50,544.00 Office Workstations Major League and Minor League buildings). $ 4,104.00 Ticket office wall and door. $ 1,944.00 Electrical Outlets for Minor League pitching tunnel. $ 1,641.60 Mirrors for minor league weight room. $ 1,857.00 Concession delivery ate (enlarge). $ 4,659.62 Office storage system for minor league trainer's room. $ 2,415.39 Mets Skybox Furniture $ 2,160.00 Mets Skybox Windows $ 15,120.00 Air Conditioning Units for stadium concession stands. $ 17,822.16 Total $ 102,267.77 CONSENT (X TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debra Brisson SUBMITTED BY: Parks, Recreation and Public Facilities Director SUBJECT: Garden City Early Learning Academy AiPP Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 665-72101-567000-7310 (Works of Art) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to enter into an agreement with Ginny Piech-Street and Rebecca Street in the amount of $20,000 to construct and install the Garden City Early Learning Academy public art project as outlined in the agenda memorandum and authorization for the Chairman to sign the agreement as drafted by the County Attorney. COMMISSION ACTION: APPROVED ( ) ( ) OTHER Approved 5-0 DENIED Coordination/Sianatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director County Attorney (X) p� -, Budget Analyst (X)( rw,4 Daniel McIntyre Marie Gouin Robert O'Sullivan Originating Dept. (X) Purchasing ( ) Debra Brisson Parks, Recreation and Public Facilities MEMORANDUM TO: Board of County Commissioners FROM: Debra Brisson, Director :'�r i- �`'' DATE: November 23, 2010 SUBJECT: Garden City Early Learning Academy AiPP Project ITEM NO. VI-E2 Background: On July 6, 1999, the Board of County Commissioners (BOCC) approved an ordinance to fund an Art in Public Places (AiPP) Program. On July 14, 2009, BOCC approved the AiPP Annual Plan for 2008 to 2009, which included $20,000 for a project at the Garden City Early Learning Academy. On April 29, 2010, the AiPP Committee approved the Call to Artists and a Selection Sub -committee for the project. On June 18, 2010, the County issued the Call to Artist. On July 6, 2010 a tour of the project area was held at Garden City Early Learning Academy to discuss the project and answer questions from artists interested in submitting a proposal. On September 10, 2010 the AiPP Selection Sub -committee met to review five (5) proposals received by the County. Sub -Committee members were: • Nelson Merchan-Cely, Representative of AiPP Committee Member • Steve Garrett, Architect • Dr. David Washington, Art Professional and Principal of the Fort Pierce Magnet School of the Arts • Teri Barenborg, Community Representative and Principal of the Garden City Early Learning Academy • Stefanie Myers, Community Services Representative, St. Lucie County Housing & Community Services Manager After reviewing the five (5) proposals, the AiPP Selection Sub -committee voted unanimously to recommend award of the Garden City Early Learning Academy AiPP Project to Ginny Piech-Street and Rebecca Street. A copy of their written project proposal is attached. A rendering of their project is available for review in the County Attorney's Office. On November 4, 2010, the AiPP Committee met and voted unanimously to recommend to the BOCC award of the Garden City Early Learning Academy AiPP Project to Ginny Piech-Street and Becca Street. Recommendation: Board approval to enter into an agreement with Ginny Piech-Street and Rebecca Street in the amount of $20,000 to construct and install the Garden City Early Learning Academy public art project as outlined in this agenda memorandum and authorization for the Chairman to sign the agreement as drafted by the County Attorney. 0 qaRDCt4 C ITY [/aRLY Lc/aRN IN9 AcaiDEMY 9/aTC PROJCCT CONCEPT The installation will consist of a whimsical flower garden, constructed of painted aluminum, from the northeast side of the gate area clockwise across the gates to the southwest wall. The chain link fence will have a bee hive at the northwest side with bees coming from the hive across the chain link fence and dispersing through the flowers. Across the top of the east gate area will be the words "Beelieve and Achieve". The gates will be painted green at the bottom and modulate to blue at the top to signify sky. The back of the gates will remain the original green color. In addition to the gate installation, a bench will be placed in the planter in front of the magnolia tree. The bench will be painted in a manner complimentary to the painted details of the design. Painted on the bench will be the Kids At Hope pledge. The area behind the bench will be planted with several tropical, shade -appropriate, low maintenance plants. Within the plants will be three free-standing flowers and two bees spiraling upward out of the foliage. The bench will be set upon a bed of flat beach rocks. The remainder of the bed will be freshly mulched. Addressing the planter area will integrate it into the installation. We will develop informational fliers to be distributed to students and parents. These will include an introductory summary of the project, announcements of phase completion, requests for participation, etc. CHILD PARTICIPATION The bumblebees coming from the hive will be of five shapes. The bees will be base -coated yellow. We will work with the students, by class, to paint their own bumblebees. The children are given the opportunity to express their creativity and individuality when personalizing their bumblebees. We would like to invite parents to participate in this activity to support the "Kids At Hope" philosophy of "successful parenting is successful children". Throughout their years of attendance at Garden City Early Learning Academy, having their own bumblebee as part of the installation will give the children a sense of ownership. (The possibility exists that from year to year, new students could add their bees which could be incorporated into other locations throughout th school.) Second graders will also be given the opportunity to contribute to the planter area by collecting a flat rock from the beach to add to the rock path leading to the bench. We will set up a collection box centrally located in the school. We will supplement the quantity collected to cover the designated area. gin nypiechstreet( gmail.com • 772-538-5441 • rebecca.street@hotmaii.com • 772-538-5441 gRI,Nq IN a {'gar KOCK LIKE THIS PROm THE Vao y Y S r St �. � � Y To HELP MaKc THE Pares To THE 9aRDEN �1140- Garden City ELA Gate Project, A St. Lucie County Art In Public Places & Garden City Early Learning Academy Collaboration sample flier to children and parents ginnypiechstreet@gmail.com • 772-538-54-41 • rebecca.street@a hotmail.com • 772-538-5441 Q LOG In addition to the installation, we propose to set up a blog called "Watch The Garden Grow". This is an opportunity to use contemporary technology (or social networking) to inform and educate the community about public art and its importance, particularly in a learning environment. Students, parents and the public can follow the progress of the project through the blog. This will be particularly helpful to share the parts of the construction that happen away from the school. The Garden City Early Learning Academy can add a link from its website to the blog and vice versa. Each post will be under the scrutiny of a school appointed liaison. Consent forms will be acquired for any photos of children posted on the blog. �//aTCH THE qaRDC/i 9RO�/ A PuUic ART jNSTaLLaTjON IN THE v4ORKS AT gbRDEN CITY EaRLY LEawt'9 AcaDEMY design for the blog heading gin nypiechstreetOa gmail.com • 772-538-544.1 • rebecca.street@hotmall.com 0 772-539-5441 MATERIALS AND CONSTRUCTION The material used for the garden elements will be constructed of 3/16 aluminum sheet and varying sizes of aluminum rod. Aluminum is durable, light weight, takes paint well, is easily installed and doesn't rust. The various elements will be welded into panels to simplify the installation. The gates will not be altered for the installation. A simple bracket method will be used to attach the elements to the gates. This method will allow for removal of the installation for repair or other purposes while leaving the original structure in tact. galvanized bracket nut lock washer—=— washer screw vertical gate bar i aluminum cut out Looking From Above LocTite will be applied to the screws to deter removal of the nuts by a casual bystander. On the artwork side, the screw heads will be touched up with paint so as to blend into the design. All metal surfaces will be painted. The back of the gates will remain their original green color. The elements of the garden and any mounting hardware will be painted green to match this color, giving the back side a cohesive feel. A uv sealer will be applied to all painted surfaces, ensuring colorfastness and durability. stem The freestanding planter elements will be mounted using a sleeve system as illustrated here. The stem of the flower or bumblebee spiral slips into the sleeve for installation. This allows for easy removal if necessary. .III galvanized pipe driven into the ground and painted green (approximately is" -18" high) ginnypiechstreet@gmail.com • 772-538-5441 • rebecca.streetOa hotmail.com • 772-538-5441 BUMBLEBEES The bumblebees will be in relief and made of urethane plastic. Urethane is light -weight and very durable, easily withstanding the outdoor elements. There will be 5 separate designs, ranging from 3" by 3" to 6" W. Two bolts will be embedded into the backs of the bees to facilitate mounting onto the fence. nut �'� galvanized backing plate O lock washer chain link bolts cast into the urethane Bumblebee Designs The main elements will be indicated in the relief but not colored in (as shown in these illustrations) as the children will be painting their own bees. ginnypiechstreet@gmail.com • 772-538-5441 • rebecca.street@hotmail.com • 772-538-5441 PLANTER AREA clean out pipe Coll Style of bench to be used. The bench will be painted to compliment the installation. The slats will be painted with the "Kids At Hope" pledge. tree suggested plantings 1i (three plants) \\x O rock path formed with" rocks contributed by children and supplemented by us water main cover ffim* CM bench 0 flowers and bumblebees ginnypiechstreetCa gmail.com • 772-538-5441 • rebecca.streetCa)notmaii.com 9 772-5315-5441 N TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Safety & Communications ITEM NO. VI-F DATE: 11 /23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY: Jack T. Southard a Public Safety & Coirector Amendment No. 5 to the Humane Society Agreement See attached memorandum. 102-6240-582004-600 October 1, 2006 — BOCC approved original agreement May 8, 2008 — BOCC approved Amendment No.1 August 12, 2008 — BOCC approved Amendment No. 2 January 6, 2009 — BOCC approved Amendment No. 3 September 8, 2009 — BOCC approved Amendment No. 4 RECOMMENDATION: Board approval of Amendment No. 5 to the Humane Society Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures ' n County Attorney (X) OMB Director (X) Budget Analyst wk YY Dan McIntyre Patty Marston Marie Gouin Originating Dept. ( ) (Name) (Name) n Public Safety & Communications .• MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southard Public Safety & Communications Direct DATE: November 23, 2010 SUBJECT: Amendment No. 5 to the Humane Society Agreement ITEM NO. VI-F Background: Attached is a copy of a proposed Fifth Amendment to the October 1, 2006 agreement with the St. Lucie County Humane Society, Inc. for animal impoundment services. The amendment extends the term for an additional year through and including September 30, 2011 and maintains the current fee of $114.00 per animal. Recommendation: Board approval of Amendment No. 5 to the Humane Society Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. FIFTH AMENDMENT TO OCTOBER 1, 2006 AGREEMENT THIS FIFTH AMENDMENT is dated this day of , 2010, by and between ST. LUCIE COUNTY, hereinafter referred to as the "County," and HUMANE SOCIETY OF ST. LUCIE COUNTY, INC., hereinafter referred to as the "Humane Society." WHEREAS, on October 1, 2006, the County and the Humane Society entered into an agreement, hereinafter referred to as the "Agreement," whereby the Humane Society agreed to provided facilities for the impoundment of animals picked up by the County Animal Control Division as well as stray or unwanted animals turned in by the citizens of the County; and, WHEREAS, on May 8, 2008, the parties entered into a First Amendment to the Agreement in which the Humane Society agreed to provide low cost spay and neuter services through its veterinary clinic; and, WHEREAS, on August 12, 2008, the parties entered into a Second Amendment to the Agreement which extended the term of the Agreement through and including September 30, 2009, and deleted Paragraph 10 which provided for an increase in the cost per animal; and, WHEREAS, on January 6, 2009, the parties entered into a Third Amendment to the Agreement which established a fee for cremation and disposal of wildlife and large animal carcasses delivered to the Humane Society by County staff for disposal; and, WHEREAS, on September 8, 2009, the parties entered into a Fourth Amendment which extended the term of the Agreement through and including September 30, 2010; and, WHEREAS, the parties desire to further amend the Agreement to retroactively extend the term through and including September 30, 2011. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 5 is hereby amended to read as follows: 5. The term of this agreement shall begin on October 1, 2006 and shall continue through and including September 30, 2011, unless otherwise terminated as herein provided. 2. This Fifth Amendment shall take effect on October 1, 2010. 3. All other terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment on the date first above written. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS BY: COUNTY ATTORNEY TEST: HUMANE SOCIETY OF ST. LUCIE COUNTY, INC BY: SECRETARY PRESIDENT gAatty\agreemnt\humane.5a.doc (SEAL) DATE: 2 SitV ; PETS Spay - AdOp+ • Vacc7na+e • JEduca+e 100 Savannah Rd- Fort Pierce, FL 34982.772-461-0687 August 30, 2010 w LU EP7 �j30 ®uC� Mr. Jack Southard Saint Lucie County Public Safety Director 15305 W. Midway Rd. Fort Pierce, F134945 Dear Mr. Southard: The one year contract enacted last year between The Humane Society of St. Lucie County to provide shelter and care services for animals brought to the shelter from Port St. Lucie is scheduled for renewal as of September 30, 2010. Although our sheltering costs continue to increase we are offering this year, in the spirit of cooperation to maintain the cost of $114 per animal. We are therefore suggesting the current contract, be extended for &ears (October 2010 through September 2011). Sin r y Andrews Executive Director AGENDA REQUEST ITEM NO. VI-G1 DATE: 11 /23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke !' �'.-V SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Acceptance of the Florida Division of Forestry Annual Fire Control Report. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: This item does not require funding. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the Florida Division of Forestry 2009-2010 Annual Report. COMMISSION ACTION: APPROVED ( ) OTHER ( ) DENIED Approved 5-0 County Attorney (X) CONCURRENCE: /l Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst (Daniel S. McIntyre) Originating Dept. (X) illiam Hoeffner) (X) ( ane Gouin) (Name) Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Human Resources Director FROM: Daniel J. Lutzke, Risk Manage . DATE: November 23, 2010 SUBJECT: Acceptance of the Florida Division of Forestry Annual Fire Control Report. ITEM NO. VI-G1 Background: Florida Statutes mandate that each year Florida Counties shall pay a Fire Control Assessment fee to the State that is based on the number of forest and wildland acres within the County. The County contracts with the State Department of Agriculture, Division of Forestry for such fire control and protection. The Division of Forestry is required to submit an annual report for the work undertaken and has submitted their report (Attachment B) listing the Division activities for the July 1, 2009 to June 30, 2010 period. Attachment A is a letter from the Division of Forestry Services requesting that the report be placed on the Commissions Agenda for Board acceptance. PREVIOUS ACTION: 04/27/10; Board approval of Florida Department of Agriculture fire control and protection assessment Invoice in the amount $20,046.88. 04/27/10; Board approval of an amendment to the Florida Department of Agriculture fire control and protection Contract No. 1940 dated 06/21/88 reducing the number of acres for assessment. Recommendation Board acceptance of the Florida Division of Forestry 2009-2010 Annual Report. Attachment A Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol • Tallahassee, FL 32399-0800 Please Respond to: Florida Division of Forestry 5255 41" Street Vero Beach, FL 32967 Telephone: 772.77 8.5085 Fax:772.778.6313 armstrd@doacs. state JL us November 1, 2010 Mrs. Faye Outlaw, County Administrator St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL. 34982 Subject: Annual Fire Control Report Dear Mrs. Outlaw: Please find attached a copy of the Annual Fire Control Report as required by Division of Forestry policy. This report outlines the Fire Control Activities for the past year and is intended for the County Commissioners. Would you please place the report on the Commission's consent agenda and notify my office of the date it will appear before the Commissioners. If you have any questions or need any additional information, please let me know. Sincerely, CHARLES H. BRONSON COMMISSIONER O GRICULTURE & CONSUMER SERVICES z c� a _r, - Dale Armstrong, Forest Area pervisor, Indian River & St. Lucie Counties �} C i C1 j Cc: Jim Rath, District Manager, Okeechobee -; File `' s 00 T� )F�a. F1 orida Agriculture and Forest Products $ 1 00 Billion for Florida's Economy As required by the Division of Forestry, an annual report is submitted each year to review the work undertaken by the Division during the past fiscal year. Currently St. Lucie County is assessed $19,911.29 for fire protection of 284,447 acres. The following is a break down of the Division activities for July 1, 2009 to June 30, 2010. Wildfires - there were 17 wildfires this past year, and an increase in the total acreage from 488 to 642 acres. Please see "Attachment A" for a complete list of fires by Cause and Acres. Burning Authorizations - during the past twelve months the Division issued 1150 authorizations within St. Lucie County. The authorizations were for agriculture, silvicultural, and limited land clearing type fires. There were a total of 6,192 acres and 3,283 piles burned. Please see "Attachment B" for a complete list of authorizations by Bum Type and Acres. Fire Prevention Programs — Division of Forestry staff spent 1018 hours preparing and conducting fire prevention programs within St. Lucie County. Programs included school visits, Smokey Bear appearances, local festivals and fairs, high school career events, Fire Fest, and Slider's Birthday celebration at the St. Lucie Mets stadium. Rural Community Forest Protection (RCFP) Lease - The St. Lucie County Fire District currently has leased from the Division: one Osh Kosh R-11 4,000 gallon water tender, one 4x4 one -ton pickup, one '/.-ton trailer, one %-ton trailer that is used for a fuel trailer. The Division will attempt to upgrade any equipment this next year for the Fire District upon request. Division of Forestry Staffing - the Division of Forestry has one Forest Area Supervisor, one Senior Forest Ranger, and three Forest Rangers assigned to the county. The Okeechobee District has one Senior Forester (stationed in Vero Beach) and one Wildland Fire Mitigation Specialist on staff to assist with Forestry activities within St. Lucie County. Please see "Attachment C" for a complete list of key personnel in the Okeechobee District. Additional Assistance to St. Lucie County — The Division of Forestry continues to forge relationships and prescribed burning opportunities with the County's Environmental Resource Division. The Division of Forestry, St. Lucie County ERD, and the Indian River State Fire College are working closely together to provide firefighter recruits with quality prescribed bum locations on County -owned land. In addition, our personnel and equipment are here to assist where other emergency hazards may arise such as tornadoes, hurricanes, floods, etc. Our staff is in close relationship with the Emergency Operations Center should any need arise. Goals for FY 10/11— the Districts top three goals for this area are; • Identify privately & publicly areas located in the wildland/urban interface that require wildfire mitigation work. Mitigation includes fuel reduction through the means of prescribed fire, roller chopping, and/or mechanical mowing. • Conduct prescribed burns with St. Lucie County ERD for wildfire mitigation purposes. • Increase the number of Fire Prevention Programs via fairs, schools, static displays in public areas, and/or meeting with local Home Owner Associations. In closing I would like to invite the county staff to call upon the Division if they need assistance with any forestry related subject. ATTACHMENT A Number of Wildfires by Cause and Size Cause Fires Percent Acres Percent Can4)fire 0 0 0 0 Children 1 5.88 300 46.73 Debris Burn* 0 0 0 0 Debris Burn -Auth-Broadcast/Acreage 1 5.88 25 3.89 Debris Buhr-Auth -Piles 2 11.76 8.3 1.29 Debris Burn-Auth -Yard Trash 0 0 0 0 Debris Burn- -Nonauth- -Broadcast/Acreage 0 0 0 0 Debris Burn- -Nonauth -Piles 0 0 0 0 Debris Burn-Nonauth -Yard Trash 0 0 0 0 Equipment use* 0 0 0 0 Equipment --Agriculture 1 5.88 4 0.62 Equipment --Logging 0 0 0 0 Equipment --Recreation 0 0 0 0 Equipment --Transportation 0 0 0 0 Incendiary 0 0 0 0 Lightning 9 52.94 72.7 11.32 Miscellaneous --Breakout 0 0 0 0 Miscellaneous --Electric Fence 0 0 0 0 Miscellaneous --Fireworks 0 0 0 0 Miscellaneous --Power Lines 0 0 0 0 Miscellaneous --Structure 0 0 0 0 Miscellaneous— Other 0 0 0 0 Railroad 0 0 0 0 Smoking 0 0 0 0 Unknown 3 17.65 232 36.14 Total 171 642 ATTACHMENT B Number of Authorizations issued in St. Lucie County Burn Authorized Fines Authorized Acres Authorized Piles Agricultural --Pasture 427 3,361 1,297 _ Agricukural-Range management - 40 1,920 99 Agricukival-Stubble (post harvest)i 45 7 122 Agricukural-- Sugarcane 0 0 0 Agricukure--Citras 377 0 1,197 Land clearing -Non residential -With ACI 21 0 21 Land clearing--Nonresidermal--Without ACI 153 0 447 Land clearing -Residential --With ACI 0 0 0 Land clearing -Residential -Without ACI 58 0 60 -� Silvicukural--Disease control 0 0 0 y Silvicukural--Ecological 15 384 36 Silvicukural-Hazard removal 9 220 4 Silviciikural-Other 0 0 0 Silvicultural-Prior to seed 0 0 0 -� Silvicukival-Site preparation 0 0 0 Silvicukural-Wildlife 5 300 ]83 Total 1,150 6,192 3,2 FJ ATTACHMENT C OKEECHOBEE DISTRICT KEY PERSONNEL Serving St. Lucie County Jim B. Rath, District Manager, Work: 863/462-5160 Call Sign: Okeechobee 1 Lisa Ridley, Administrative Assistant Work: 863/462-5160 Call Sign Okeechobee 14 Dale Armstrong, Forest Area Supervisor Indian River/St. Lucie County Work: 772/778-5085 Call Sign: Okeechobee 3 Sanne Esque, Single Engine Airplane Pilot Work 863/462-5160 Call Sign Okeechobee 25 Larry Davis, Firefighter / Rotorcraft Pilot Work: 863/462-5160 Call Sign: Okeechobee 26 Richard Bamlet, Senior Forester Work 772/778-5067 Call Sign: Okeechobee 17 Melissa Yunas, Wildland Fire Mitigation Specialist Work: 772/467-3008 Call Sign: Okeechobee 16 AGENDA REQUEST ITEM NO. VI-G2 DATE: 11 /23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT l X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Bill Hoeffner, 6 l,,f??V SUBMITTED BY: Human Resources Human Resources Director SUB_ St. Lucie County Local Mitigation Strategy Plan BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution 10-299 adopting the updated St. Lucie County Local Mitigation Strategy Plan. COMMISSION ACTION: CONCURRENCE: (�O APPROVED ( ) DENIED ( �� ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Sianatures A5i+, County Attorney ( ) / - Dan McIntyre - &bi , Human ( ) Resources William Hoeffner Human Resource Department TO: Board of County Commissioners FROM: William Hoeffner, Interim Director, Human Resources AW/ DATE: November 23, 2010 SUBJECT: St. Lucie County Local Mitigation Strategy Plan ITEM NO. VI-G2 Background: The Federal Emergency Management Agency's (FEMA's) recognition of the growing costs of responding to and recovering from disasters materialized in the Disaster Mitigation Act of 2000 (DMA2K). DMA2K requires that all communities, tribes, and states have a FEMA-approved hazard mitigation plan, consistent with the DMA2K requirements, to retain eligibility for FEMA hazard mitigation grant funding. The plan is also required for the purpose of certifying compliance with the requirements of the National Flood Insurance Rate Program. DMA2K requires the plan be updated every five years. St. Lucie County developed its Local Mitigation Strategy (LMS) Plan in 2000 and updated the plan in 2005. The St. Lucie County Board of County Commissioners passed a resolution adopting the LMS plan in each of those years. During 2009 and 2010, the LMS Steering Committee, comprised of representatives from 24 organizations, updated St. Lucie County's LMS plan. Addendum A provides a list of the 24 organizations. The updated plan has been reviewed and approved by the Florida Division of Emergency Management and by FEMA. The plan describes 13 hazards, delineated in Addendum A, that may potentially impact St. Lucie County. The plan also lists 163 mitigation projects which, as a result of being included in the plan, are eligible for FEMA hazard mitigation grant funding. The plan delineates a method to include additional projects in the plan as needs arise. The revised plan can be viewed on the St. Lucie County internet site at www.stlucieco-gov/Ims in the LMS Strategy Document section. FEMA requires the plan to be formally adopted by the St. Lucie County Board of County Commissioners and by each of the municipalities. Resolution 10-299 adopting the LMS plan is attached. The municipalities will adopt the plan through their separate resolutions. Recommendation Board approval of Resolution 10-299 adopting the updated St. Lucie County Local Mitigation Strategy Plan. RESOLUTION 10-299 A RESOLUTION ADOPTING THE ST. LUCIE COUNTY LOCAL MITIGATION STRAEGY PLAN WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Disaster Mitigation Act of 2000 (DMA2K) requires that all communities, tribes, and states have a Federal Emergency Management Agency (FEMA) approved hazard mitigation plan, consistent with the DMA2K requirements, to retain eligibility for FEMA hazard mitigation grant funding. 2. A FEMA approved hazard mitigation plan is required for the purpose of certifying compliance with the requirements of the National Flood Insurance Rate Program. 3. On August 20, 2010, FEMA found the St. Lucie County Local Mitigation Strategy Plan compliant with federal standards subject to formal adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that this Board does hereby adopt the St. Lucie County Local Mitigation Strategy Plan. Chairman Vice Chairman Commissioner Tod Mowery Commissioner Paula A. Lewis Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this 23rd day of November, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: EXHIBIT A Organizations Represented on the St Lucie County LMS Steering Committee • St. Lucie County • City of Fort Pierce • City of Port St. Lucie • Town of St. Lucie Village • St. Lucie County Department of Health • South Florida Water Management District • North St. Lucie River Water Control District and Ft. Pierce Farms Water Control District (represented as one entity) • Fort Pierce Utility Authority (FPUA) • Port St. Lucie Utilities • St. Lucie County Utilities • Florida Power & Light • St. Lucie County Fire District • Florida Division of Forestry (FDOF) • St. Lucie County Sheriffs Department • St. Lucie County Public Safety • Ft. Pierce Housing Authority • St. Lucie County Council on Aging • St. Lucie Transportation Planning Organization • St. Lucie County School District • Treasure Coast Regional Planning Council • INTACT • American Red Cross • St. Lucie County Agricultural Extension — University of Florida • Radio station designated as Emergency Broadcaster (WQCS) Hazards Delineated In The St Lucie County Local Mitigation Plan Floods Hurricanes / Tropical Storms Tornadoes Severe Thunderstorms and Lightning Wildland Fires Extreme Temperatures Erosion Drought Seismic Hazards Agricultural Pests and Disease Epidemics Technological Hazards Societal Hazards COUNTY F L O R I D A - TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ITEM NO. VI-H1 DATE: 11/23/10 AGENDA REQUEST REGULAR ( ) BOARD OF COUNTY COMMISSIONERS Housing and Community Services/ Community Services - Transit Park and Ride Lot Designation See attached memorandum. N/A N/A PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT PRESENTED BY: Corine C. Williams Transit Coordinator i (X ) Board approval of Resolution No.10-294 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) A!!:3 *eoah OMB Director ( ) Daniel S. McIntyre Budget Analyst Marie Gouin t-1t—„,4--q--.-) Sophia Holt Originating Dept. ( ) th Ryder wl�tefanie Myers COUNTY `. F L O R I D A TO: Board of County Commissioners THROUGH: Beth Ryder, Directo4A FROM: Corine C. Williams, Transit Coordinator DATE: November 23, 2010 SUBJECT: Park and Ride Lot Designation ITEM NO. VI-H1 Background: Housing and Community Services MEMORANDUM In support of alternative transportation, the St. Lucie Transportation Planning Organization (TPO) 2006 Park and Ride Study recommended the designation of Park and Ride spaces in the County Administration Building parking lot on Virginia Avenue and 25th Street. Attached to this memorandum is a copy of proposed Resolution No. 10-294 which would designate a Park and Ride Lot of up to thirty-four (34) spaces, including two (2) spaces for users with disabilities, at this location. Development of the Park and Ride Lot would involve a partnership with the Florida Department of Transportation (FDOT). FDOT would install parking lot signage and directional signs. Marketing for the facility would be provided by South Florida Commuter Services (SFCS). The partners would identify potential funding sources for drainage improvements. The County would not incur any additional financial expenses to maintain the site. Currently, there are two existing Park and Ride lots in St. Lucie County both located near the Port St. Lucie interchange of Florida's Turnpike. TPO, FDOT, and County staff are working with key personnel from the City of Port St. Lucie and City of Fort Pierce to designate additional Park and Ride lots in addition to the Virginia and 25th Street lot. Recommendation: Board approval of Resolution No.10-294 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Resolution No. 10-294 FDOT Correspondence Park and Ride Study RESOLUTION NO. 10-294 A RESOLUTION PROVIDING FOR THE DESIGNATION OF A PORTION OF THE WEST PARKING LOT OF THE ST. LUCIE COUNTY ADMINISTRATION BUILDING AS A PARK AND RIDE LOT AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In support of alternative transportation, the St. Lucie Transportation Planning Organization (TPO) 2006 Park and Ride Study recommended the designation of Park and Ride spaces in the St. Lucie County Administration Building west parking lot at the intersection of Virginia Avenue and 25`" Street in Fort Pierce. 2. This Board supports the development of a Park and Ride lot at the St. Lucie County Administration Building as recommended in the above -referenced study. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts the recommendation of the St. Lucie Transportation Planning Organization (TPO) 2006 Park and Ride Study to designate a Park and Ride Lot in the St. Lucie County Administration Building west parking lot at the intersection of Virginia Avenue and 251" Street in Fort Pierce. 2. The Board authorizes the County Administrator to designate up to thirty- four (34) spaces, including two spaces for users with disabilities, in the above - referenced parking lot as a Park and Ride Lot. 3. Development of the Park and Ride Lot shall be contingent upon a partnership with the Florida Department of Transportation, South Florida Commuter Service, and other appropriate entities for the improvement, marketing, and maintenance of the Park and Ride Lot. After motion and second, the vote on Resolution 10-294 was as follows: Chairman XX Vice -Chairman XX Commissioner XX Commissioner XX Commissioner XX PASSED AND DULY ADOPTED this XX day of XX, 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Corine Williams From: Chiarelli, Robyn[Robyn. Chiarelli@dot. state. ft. us) Sent: Friday, November 12, 2010 10:29 AM To: Corine Williams Cc: Marceia Lathou Subject: Park & Ride Designation & Resolution Attachments: Park Ride Designation and Resolution 10-XXX.doc Corine, The Florida Department of Transportation District 4 is in receipt of your agenda request to the St. Lucie Board of County Commissioners. We are in support of your request to designate up to thirty-four parking spaces, including up to two handicapped spaces for commuters to Park & Ride at the County Administration Building parking lot located on Virginia Avenue and 25'" Street. FDOT D4 would fabricate signage, pending available funding; South Florida Commuter Services would provide marketing of the facility; and FDOT would assist in identifying potential funding sources for drainage improvements on the site. Please feel free to call or email if you need any further information. I am looking forward to the outcome of this agenda request. Thank you! Robyn Chlarelli Florida Department of Transportation, District 4 Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 0: 954.777.4483 F: 954.677.7892 robvn.chiarelli9bdot stat fl us Parkaand-Rldi Study St. Lude Metropolitan Planning organlsatlon Pirk dad Ride Demand E °s'aO° Planning Based on the methodology established in the FDOT State Park -and -Bids loot Proms for the ten most froquPlt mimes to Manual, the estimated parking space requirement was calculated Question 6. The first atop in this analysis,$.to calculate the pet -and -ride demand based on facility We and several anted in the review of the FDOT key factors outlined in the FDOT Park anti Ride Lot Mamial• As Prey demand won is m the Background Research meter of this report, Park -and Ride Lot Manual ed to be generally dependant upon facility type. Corridors within St. Lucie County were detearmin facility type. Park -and -ride demand estimation for urban fringe areas representative of the- Urban Fringe�k_� that provide access to the p is ropreamted as a function of traffic volumes on adjacent roadways secondary � acent roadway facilities. ride lot and estimated diversion factors for traffic on primary ,s S 2005 Traffic Traffic volumes on adjacent roadways wet. obtained from St. Lucie County Spring m the FDOT Pak -and -Ride Lot Manual were modified to Count database. Diversion factors provided •rates of 0.03 and 0.01 ends using capture reflect the results of the Park -and -Ride Survey. FDOT recomm purposes of thin study, the Primary and secondary roadways, respectively. For for primary was developed based on the 4 roadway diversion factor was assumed to be 0.02 instead. This factor percent response rate for the Park -and -Ride Survey and the response to Question 5, which indicated that ants would consider carpooling if a convenient option was only approximately 50 percent of respond on are presented in available to them (0.04 x 0.50 3 0.02). Results of the park -and ride demand Appendix B. Following the demand estimation calculadon, an v4ustm mt factor was applied to the demand to ant factor recommended by FDOT is 1.25, which would plan account for ping turnover .The adjustor rate. 1n addition, a hotor of 1.22 was calculated using projected10- for an 80 percent occupanc Y in the Regional Long Range yea, is growth patterns in St. Lucie County, as estimated '1'p The 10-year growth factor was also applied to the demand estimation. Transportation Plan (RLR )• c acity) for a number of parking spaces (paddng ap These calculations determine the projected required 10-year planning horizon assuming an 80 percent occupancy rate• 23 June 2006 St. Lude Metropolitan Planning Organization Park -and -Ride Study The estimated required number of parking spaces (parking capacity) was converted to land area (facility size) using a ratio of 500 square feet for each required parking space. This ratio was calculated by dividing the square footage of the Bayshore Boulevard park -and -ride lot by the number of parking spaces in the lot. Rpults of the facility size calculations are presented in Table 1. Table 1. Estimated Parking Area Requirement Locatiozi EZtlnf Parkis Dematsd Estimate Adj us6. met Factor 10- year Growth Factor Facility Sin (Spaces) Fadlity size (Sq Ft) FacWty size (Acres) Prima Vista Blvd Q U.S. 1 56 1.25 1.22 85 4 700 0.98 Gatlin Blvd I-95 70 1.25 1.22 107 53 375 1.23 Pact St. Lucie Blvd U.S. 1 63 1.25 1.22 96 49,039 1.10 Port St. Lucie Blvd ore 45 1.25 • 1.22 69 34,313 0.79 Prima Vista Blvd Airoso Blvd 22 1.25 1.22 34 16,775 0.39 Gatlin Blvd 0 Port St. Lucie Blvd 23 1.25 1.22 35 17 538 0.40 Orenjo Avenue Q U.S. 1 24 1.25 1.22 37 18.300 0.42 Walton Rd @ U.S. 1 50 1.25 1.22 1 76 38,125 0.88 Prima Vista Blvd Q Baysliore Blvd 23 1.25 1.22 35 17,538 0.40 VirginiaAve S 25th Street 22 1.25 1.22 34 16,775 0.39 r.,tir=M Based on the analysis of background research and results of the park and -ride survey, a prioritized list of locations was developed for potential development of park and -ride lots in St. Lucie County. The prioritized list is provided below with the estimated land area required to provide sufficient parking spaces to satisfy estimated parking demand e Gatlin Boulevard 8 I-95 ■ U.S. I @ Port St. Lucie Boulevard ■ U.S. 1 @ Prima Vista Boulevard ■ Virginia Avenue Q South 25" Street ■ Bayshore Boulevard ® Prima Vista Boulevard June 2006 - 1.23 acres --1.10 acres -- 0.98 acres -- 0.39 acres 0.40 sow 24 ITEM NO. VI-H2 — - DATE: 11/23/10 COUNTY • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:\ � Jessica Parris — SUBMITTED BY: Housing and Community Services/Housing Housing Manager SUBJECT: Deed Transfers BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: February 23, 2010 — Board approved subrecipient agreement. RECOMMENDATION: Board approval of the transfer of 5702 University Lane, 7406 Coquina Avenue and 8504 Paso Robles Boulevard 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: Q� APPROVED ( ) ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) CONCURRENCE: DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures m Daffiidi S. McIntyre Beth Ryder OMB Director ( ) Budget Analyst Marie Gouin Sophia Holt COUNTY F LORI D A TO: Board of County Commissioners THROUGH: Beth Ryder, Directo FROM: Jessica Parrish, Housing Manage: t DATE: November 23, 2010 SUBJECT: Deed Transfers Backaround: Housing and Community Services MEMORANDUM 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, or $840,091, 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. One of the eight properties set aside for Fort Pierce Housing Authority has been transferred. The remaining four properties are currently under rehabilitation. Recommendation Board approval of the transfer of 5702 University Lane, 7406 Robles Boulevard to Fort Pierce Housing Authority, dba Fort outlined in the agenda memorandum and authorization for the approved by the County Attorney. Attachment: 5702 University Lane County Deed 7406 Coquina Avenue County Deed 8504 Paso Robles Boulevard County Deed Coquina Avenue and 8504 Paso Pierce Housing Development, as Chairman to sign documents as 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: 1301-610-0010-000-3 (8504 Paso Robles Boulevard) COUNTY DEED Pursuant to Florida Statute 125.411 THIS DEED, made this 23nd day of November, 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: LOTS 10 AND 11, BLOCK 1, LAKEWOOD PARK— UNIT 8-13, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 48, 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 _yj . Chairman APPROVED AS TO FORM AND CORRECTNESS Daniel S. McIntyre, County Attorney 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: 1301-607-0231-000-8 (7406 Coquina Avenue) COUNTY DEED Pursuant to Florida Statute 125.411 THIS DEED, made this 23'" day of November, 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 r 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: LOTS 10 AND 11, BLOCK 79, LAKEWOOD PARK UNIT NO.7, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 13, 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: Chairman APPROVED AS TO FORM AND CORRECTNESS Daniel S. McIntyre, County Attorney 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: 1301-604-0125-000-3 (5702 University Lane) COUNTY DEED Pursuant to Florida Statute 125.411 THIS DEED, made this 23rd day of November, 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 74' 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 1, BLOCK 33, LAKEWOOD PARK UNIT NO.4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 2, 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: Chairman APPROVED AS TO FORM AND CORRECTNESS Daniel S. McIntyre, County Attorney AGENDA REQUEST ITEM NO. VI-H3 DATE: 11 /23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: / Corine C. Williamsv SUBMITTED BY: Housing and Community Services/ Transit Coordinator Community Services - Transit SUBJECT: Approval of Resolution No.10-300 for HR 2746 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution 10-300 for HR 2746 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) Coordination/Signatures %k A,4-% osn Daniel S. McIntyre Beth Ryder S `fanie Myers CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director Budget Analyst Marie Gouin Sophia Holt COUNTY F L Q R I D A Housing and Community Services MEMORANDUM TO: Board of County Commissioners is THROUGH: Beth Ryder, Director / A v FROM: Corine C. Williams, Transit Coordinator V- DATE: November 23, 2010 SUBJECT: Approval of Resolution No.10-300 for HR 2746 ITEM NO. VI-1-13 Background: Staff is working with our Federal lobbyist Greg Burns on Federal legislative support to ensure that the County is able to use a portion of the Section 5307 funding for transit operating assistance. H. R. 2746 will be introduced in the 112th Congress and has received significant support in the past, including Representative Hastings. The Bill, as written, allows Urbanized Areas with a population of 200,000 or more, but no more than 400,000, such as the Port St. Lucie Urbanized Area, to use portions of the Section 5307 funding for transit operating expenses. On August 24, 2010, the Department of Commerce — Bureau of the Census published in the Federal Register Volume 75 proposed changes to the Urbanized Area Definition Criteria for the 2010 Census. These proposed changes to our urbanized area could negatively impact the ability to use federal funding to pay for operating expenses of the public transit system. This funding is desperately needed to run the transit system. It was determined by Florida Public Transportation Association (FPTA) and transit partners that if the proposed changes to urban agglomerations (consolidating the current UZA`s of Martin, St. Lucie, Indian River, and Brevard County) are adopted, the impact on transit operating funds would be disastrous. Under current Federal law, small urbanized areas are permitted to use FTA Section 5307 allocations for operating expenses. Larger UZA's are not offered the same opportunity. Many small to medium urbanized areas have large transit -dependent populations, but modest support for transit at the local level. Therefore, the elimination of operating subsidies effectively curtails transit service. The loss of operating subsidies will increase the funds needed from the County's Municipal Services Taxing Unit (MSTU) that are used as a funding source for public transit operations. The current Port St. Lucie UZA is comprised of Martin and St. Lucie Counties urbanized areas with a population threshold of over 200,000. The St. Lucie County operation allocation for FY10 Section 5307 was $614,484, with a required local match of $614,484. This match comes from the MSTU. Without the Section 5307 funds for operation costs, the local MSTU funds would need to be increased to offset the shortfall. It is recommended that the County support HR 2746 to ensure FTA authorizes a portion of Section 5307 funds for transit operating expenses. H R 2746 November 23, 2010 Page 2 Recommendation: Board approval of Resolution No. 10-300 for H.R. 2746 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments Resolution No. 10-300 St. Lucie County Response to US Census Bureau H.R. 2746 BOARD OF COUNTY COMMISSIONERS November 12, 2010 Mr. Timothy Trainor, Chief Geography Division United States Census Bureau Washington, DC 20233 COUNTY ADMINISTRATOR Re: Comments on the Proposed Urban Area Criteria for the 2010 Census Dear Mr. Trainor: FAYE W. OUTLAW, MPA St. Lucie County has reviewed the proposed Urbanized Area Definition criteria contained in Federal Register Volume 75, No. 163 dated August 24, 2010. In response to the specific proposed criteria, the following modifications should be carefully considered. Urban Agglomeration Split threshold. St. Lucie County strongly supports the option of 500,000 persons as the preferred minimum threshold for splitting large Urban Agglomerations into separate Urbanized Areas (UZA). UZAs must reflect the regional travel demands of the population. Virtually all of these agglomerations have land use and demographic characteristics of low-densitles, rapid growth, and specialized populations (retiree, seasonal, military, and/or student). Travel within these agglomerations is highly concentrated within existing Metropolitan Area boundaries. The proposed criteria, potential agglomerations with populations between 500,000 and 1,000,000, impact the availability of funding for these areas. Jump distance. St. Lucie County supports the proposed maximum jump distance of 1.5 miles as the accepted distance for connecting noncontiguous qualifying territory. This criterion is particularly relevant to Florida's Urbanized Areas, as there is a large amount of conservation land serving as a natural constraint on future urban expansion and/or long distance commuting. Since the development patterns in the State of Florida are typically linear in nature, failure to adopt the smaller jump distance could result In urban agglomerations spanning over one hundred miles. The proposed agglomeration of Palm Bay-Melboume; Titusville; Vero Beach -Sebastian and Port St. Lucie, which includes St. Lucie and Martin, would cover a distance of more than one hundred and twenty miles. CHRIS DZADOv5KY, District No. 1 - DOUG COWARD. District No. 2 - PAULA A. LEWIS. District No. J - CHARLES GRANDE, District No. 4 - CHRIS CRAFT, District No. 5 County Adminlwaror • Faye W. Outlaw. MPA 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 a Phone (772) 462-1450 a TDD (772) 462-1428 FAX (772) 462-1648 • emoll: outlawf®stlucieco.org web site: www.stlucleco.org Memorandum US Census 2010 November 10, 2010 Page 2 • Use of Commuter Information in Urbanized Area Delineation and Agglomeration Splits. St. Lucie County supports utilizing the commuter information obtained from the American Community Survey (ACS) which uses the data from the decennial census, rather than using the data obtained solely through sampling. From a transportation perspective, commuter data illustrates travel patterns within agglomerations. According to the ACS, there are virtually no trips made between non-contiguous urbanized areas within some of the proposed agglomerations. It was determined by Florida Public Transportation Association (FPTA) and transit partners that if the proposed changes to urban agglomerations (consolidating the current UZA of Martin, St. Lucie, Indian River, and Brevard County) are adopted, the impact on transit operating funds would be disastrous. Under current federal law, small urbanized areas are permitted to use their FTA Section 5307 allocations for operating expenses. Larger UZA's are not offered the same opportunity. Many small to medium urbanized areas have large transit -dependent populations but modest support for transit. Therefore, the elimination of operating subsidies effectively curtails successful transit service: The loss of operating subsidies will result in a reduction in services to residents. St. Lucie County wishes to thank you for your consideration of these comments. Should you have any questions or comments, please feel free to contact Beth Ryder, Housing and Community Services Director, at 772-462-1777 or email at ryderb _stlucieco.org. Sincerely, Faye W. Outlaw, M.P.A County Administrator cc: St. Lucie County Commissioners Lee Ann Lowery, St. Lucie County Assistant Administrator Beth Ryder, Housing and Community Services Director Peter Buchwald, St. Lucie TPO Director Greg Burns, Van Scoyoc Associates, Vice President Michael Brillhart, Planning and Development Services Phil Matson, Indian River MPO Director Beth Beltran, Martin MPO Administrator Bob Kamm, Brevard TPO Director RESOLUTION NO. 10-300 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, IN SUPPORT OF HOUSE RESOLUTION (HR) 2746 WHICH, AS WRITTEN, WOULD ALLOW URBANIZED AREAS WITH A POPULATION OF 200,000 OR MORE, BUT NO MORE THAN 400,000 TO USE PORTIONS OF THE SECTION 5307 FUNDING FOR TRANSIT OPERATING WHEREAS, the Department of Commerce Bureau of Census has proposed changes to the urbanized area definition for the 2010 Census that will negatively impact operation funding for St. Lucie County Transit published in the August 24, 2010 Federal Register Volume 75. WHEREAS, under current federal law small urbanized areas are permitted to use FTA Section 5307 allocation for operating expenses. Larger UZA's are not offered the same opportunity. WHEREAS, St Lucie County needs operational funds to sustain transit service at an effective level. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County strongly supports the option of 500,000 persons as the Preferred Minimum Threshold for splitting large Urban Agglomerations into separate Urbanized Areas (LIZA). 2. St. Lucie County supports the proposed maximum jump distance of 1.5 miles as the accepted distance for connecting noncontiguous qualifying territory. This criterion is particularly relevant to Florida's Urbanized Areas, as there is a large amount of conservation land serving as a natural constraint on future urban expansion and/or long distance commuting. 3. St. Lucie County supports utilizing the commuter information obtained from the American Community Survey (ACS) based on data from the decennial census, rather than using the data obtained solely through sampling. 4. It was determined by Florida Public Transportation Association (FPTA) and transit partners that if the proposed changes to urban agglomerations (consolidating the current UZA of Martin, St. Lucie, Indian River, and Brevard Counties) are adopted, residential services would be cut due to diminishing access to operating funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The foregoing recitals are hereby incorporated herein by reference. 2. The Board of County Commissioners of St. Lucie County, Florida hereby supports the adoption of Federal Legislation HR 2746, allowing urbanized areas with a population of 200,000 or more, but no more than 400,000, to use portions of the Section 5307 funding for transit operating expenses. 3. The County Administrator is hereby directed to send a copy of this resolution to the United States Census Bureau and to St. Lucie County's Federal Legislative Delegation. PASSED AND DULY ADOPTED this 23'd day of November 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ^ Ii HENTII ARO U i t:�ri[ENM[NI INfO11MATION GPO 111TII CONGRESS H. R. 2746 1ST SESSIUN To amend title 49, United States Code, to allow for additional transportation assistance grants. IN THE HOUSE OF REPRESENTATIVES JUNE 8, 2009 Mr. CARNAHAN (for himself and Ms. MATSiTI) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, to allow for additional transportation assistance grants. 1 Be it enacted by the Senate and House of Representa- 2 tives of'the United States of'America in Congress assembled, 3 SECTION 1. EXPANSION OF TRANSIT OPERATING ASSIST- 4 ANCE GRANT PROGRAM. 5 Section 5307(b) of title 49, United States Code, is 6 amended as follows: 7 (1) In paragraph (1)- 8 (A) in subparagraph (D), by inserting 9 or an urbanized area with a population of at 10 least 200,000 if the State or regional authority I 2 1 providing public transportation for the area op- 2 erates less than 100 buses in fixed -route service 3 in the area during peak service hours" after 4 "200,00071; 5 (B) by redesignating subparagraphs (E) 6 and (F) as subparagraphs (J) and (K), respee- 7 tively; and 8 (C) by inserting after subparagraph (D) 9 the following new subparagraphs: 10 "(E) operating costs of equipment and fa- ll. cilities for use in public transportation in an ur- 12 banized area with a population of 200,000 or 13 more, but not more than 400,000, if the State 14 or regional authority providing public transpor- 15 tation for the area operates at least 100 buses 16 in fixed -route service in the area during peak 17 service hours; 18 "(F) operating costs of equipment and fa- 19 cilities for use in public transportation in an ur- 20 banized area with a population of 400,000 or 21 more, but not more than 600,000; 22 "(G) operating costs of equipment and fa- 23 cilities for use in public transportation in an ur- 24 banized area with a population of 600,000 or 25 more, but not more than 800,000; •HR 2746 IH .3 1 "(II) operating costs of equipment and fa- 2 cilities for use in public transportation in an ur- 3 banized area with a population of 800,000 or 4 more, but not more than 1,000,000; 5 "(I) operating costs of equipment and fa- 6 cilities for use in public transportation in an ur- 7 banized area with a population of 1,000,000 or 8 more;". 9 (2) By redesignating paragraph (2) as para- 10 graph (3). 11 (3) By inserting the following new paragraph: 12 "(2) LIMITATIONS ON CERTAIN GRANTS ESTAB- 13 LISHED UNDER PARAGRAPH (1).- 14 "(A) With respect to a grant made under 15 paragraph (1)(E), not more than 50 percent of 16 the funds available to carry out this section 17 shall be made available for such grant. 18 "(B) With respect to a grant made under 19 paragraph (1) (F), not more than 45 percent of 20 the funds available to carry out this section 21 shall be made available for such grant. 22 "(C) With respect to a grant made under 23 paragraph (1) (G), not more than 40 percent of 24 the fiends available to carry out this section 25 shall be made available for such grant. •HR 2746 IH In .1 1 "(D) With respect to a grant made under 2 paragraph (1) (H), not more than 35 percent of 3 the fiends available to carry out this section 4 shall be made available for such grant. 5 "(E) With respect to a grant made under 6 paragraph (1)(I), not more than 30 percent of 7 the funds available to carry out this section 8 shall be made available for such grant.". 9 (4) By amending paragraph (3) to read as fol- 10 lows: 11 "(3) CONDITIONAL USE OF FUNDS IN AN UR- 12 BANIZED AREA WITH A POPULATION OF AT LEAST 13 2001000.- 14 "(A) In addition to the grants available 15 under subparagraphs (D), (E), (F), (G), (H), 16 (I), (J), and (K) of paragraph (1), the Sec- 17 retary may award grants, from funds made 18 available to carry out this section for each of 19 the fiscal years 2010 through 2015, to finance 20 the operating cost of equipment and facilities 21 for use in public transportation in an urbanized 22 area with a population of at least 200,000, if 23 the designated recipient's percentage of revenue 24 for the operating cost of equipment and facili- 25 ties for use in public transportation from non- •HR 2746 IH 5 1 Federal sources, excluding farebox revenue, is 2 greater than such revenue from the previous 3 fiscal year. The amount available for a grant 4 under this paragraph shall not exceed the per- 5 centage of such increase. 6 "(B) In addition to the grants made avail- 7 able under subparagraphs (D), (E), (F), (G), 8 (H), (I), (J), and (K) of paragraph (1) and 9 subparagraph (A) of this paragraph, the Sec- 10 retary may award grants, from funds made 11 available to carry out this section for each of 12 the fiscal years 2010 through 2015, to finance 13 the operating cost of equipment and facilities 14 for use in public transportation in an urbanized 15 area with a population of 200,000 or more, if 16 the designated recipient was awarded a grant 17 under the Transit Investments for Greenhouse 18 Gas and Energy Reduction program, authorized 19 under the American Recovery and Reinvestment 20 Act of 2009 (Public Law 111-105; 123 Stat. 21 209), and demonstrates that such recipient has 22 achieved- 23 "(i) a minimum 10 percent total en- 24 ergy savings as a result of the project 25 fiinded by the Transit Investments for •HR 2748 1H 6 1 Greenhouse Gas and Energy Reduction 2 (grant; 3 "(ii) a minimum 10 percent energay 4 savings as a percentage of the total energy 5 usage of the public transit agency as a re- 6 sult of the project; or 7 "(iii) a minimum 10 percent total 8 greenhouse gas emission reduction as a re- 9 sult of the project. 10 "(C) Not less than 10 percent of the funds 11 available to carry out this section shall be made 12 available for the grants under subparagraph 13 (B).". 0 •HR 2746 IH ITEM NO. VIII AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Environmental Resources Department Environmental Regulations and Lands Division SUBJECT: Wetland Waiver — Howard Creek Estates BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A DATE: 11/23/10 REGULAR ( x ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY, Jennifer EvanVn6tal Senior Environ Planner RECOMMENDATION: Board denial of Resolution 10-265 granting a waiver from the provisions of Policy 8.1.14.5 of the St. Lucie County Comprehensive Plan, as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) irbl_ County Surveyor ( ) -Daniel-G. Ae #yra— County .Engineer ( ) Planning & ( x ) Development Services Michael Powley Originating Dept. ( x ) Karen mith Ron Harris Air.. MR, Environmental Resources MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Department DirectortC8__ FROM: Jennifer Evans, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Manage DATE: November 23, 2010 SUBJECT: Wetland Waiver - Howard Creek Estates ITEM NO. Vill Background The subject property is located within the Howard Creek Estates subdivision on lot 5. The 0.67-acre site consists primarily of Brazilian pepper with a 0.06-acre jurisdictional wetland, which is part of a 0.69-acre wetland system (as officially delineated by the Florida Department of Environmental Protection on February 13, 2010) that continues offsite. The wetland is considered a Category I per Comprehensive Plan Policy 8.1.14.1(a) due to its hydrologic connection to the North Fork of the St Lucie River. On August 16, 2010, the applicant submitted a conceptual site plan for a 5,345 square -foot residence proposing 155 square -feet of impacts for the structure and 1,575 square -feet of additional fill area within the wetland buffer. Per Comprehensive Plan Policy 8.1.14.5, all Category I wetlands shall be protected by a minimum 50-foot upland buffer. The required 50 foot buffer totals 6,500 square -feet. The property owner requests a total 1,730 square -foot waiver from this Comprehensive Plan Policy 8.1.14.5 wetland buffer preservation requirement. Findings On October 27, 2009 and May 27, 2010, County staff members, including representatives from Environmental Resources, Planning and Development Services, and Public Works, met with the applicant to discuss a preliminary plan for construction of an approximately 5,500 square -foot single family residence on the subject property. Staff determined approximately 20,083 square -feet of buildable upland area remains on the site after accounting for the 2,512 square -foot wetland and 6,500 square -foot buffer. The applicant subsequently submitted the proposed site plan for a 5,345 square -foot home with 155 square -feet of the building footprint and 1,575 square -feet of additional fill within the wetland buffer. The Development Review Committee has determined the home layout could be reconfigured to avoid the wetland buffer impacts by shifting the proposed building and/or pool, therefore does not meet the avoidance and minimization criteria for wetland impacts per Comprehensive Plan Policy 8.1.14.3. The application was forwarded with a recommendation of denial to the Board of County Commissioners on October 7, 2010. The following Comprehensive Plan Policies are applicable to the subject request: Policy 8.1.14.2 — The County shall not permit development in a Category 1 or 11 wetland or any wetland buffer associated with these wetlands, except as follows: a) Clearing and/or constructing of walking trails, b) Construction of boardwalks✓catwalks for direct access to water bodies; construction of wildlife management shelters, footbridges, observation decks and similar structures not requiring a dredge or fill for their placement; and c) Clearing and/or construction of electric%able utility, stormwater management, water or wastewater infrastructure as needed to provide public service that does not impair the long term viability of the wetland system. d) Alteration is pennissible within Category 1 and 11 wetlands, and the required buffer, as necessary for the above activities if. a. No other reasonable alternative exists and avoidance cannot be achieved, b. Such activity is consistent with other policies of the Comprehensive Plan, c. Such activity complies with the requirements of all Federal, State, and Local agencies claiming jurisdiction over wetland alteration and adequate mitigation of any adverse hydrological and physical alterations is provided d. No more than 1 percent of any Category 1 wetland is impacted, except as noted in Policy 8.1.14.3; e. No more than 15 percent of any Category 11 wetland is impacted, except as noted in Policy 8.1.14.3; f. Appropriate mitigation is provided. Policy 8.1.14.3 — In addition to the alteration provisions of Policy 8.1.14.3(c)', alteration of a Category 1 or 11 wetland may be allowed when no other reasonable alternative exists and avoidance and minimization of impacts cannot otherwise be achieved. Any provision of this Comprehensive Plan or the Land Development Code related to the preservation of a Category I or 11 wetland that precludes all reasonable economically viable use of the property or would prohibit a reasonable public use of the property and which if applied would result in a compensable taking of the property may be waived to the extent necessary to provide the minimum reasonable use, public or private, of the property. These provisions shall only be waived following the review and approval of the Board of County Commissioners, or their designee, in a manner set forth in the Land Development Code. The standards for the granting of any waiver shall be set forth in the Land Development Code and shall be consistent with the general standards and intent of the Comprehensive Plan. Policy 8.1.14.5 — The County shall require a minimum 50-foot buffer between Category I and 11 wetlands and new development activity in order to protect water quality, preserve natural functions, and preserve wildlife habitat. The buffer, as measured landward from the approved jurisdictional line, shall be maintained in a natural vegetative state and be free of exotic and nuisance species as defined by the Florida Pest Council. This reference is a scrivener's error in the Comprehensive Plan; refer to Policy 8.1.14.2 for the correct citation. This error has been corrected in the recently adopted EAR based amendments however these updates are not yet effective. The policy amendments have no bearing on the analysis of this application. STANDARDS OF REVIEW SET FORTH IN SECTION 10.01.02 ADAPTED, ST. LUCIE COUNTY LAND DEVELOPMENT CODE The Land Development Code does not provide specific standards of review for wetland waivers, therefore staff adapted Section 10.01.02 (Standards for Granting Variances) for review of the proposed wetland waiver. The Board of County Commissioners shall not grant a waiver unless it shall, in each case, make specific findings of fact based directly upon the particular evidence presented supporting written conclusions that: 1. The waiver requested arises from a condition that is unique and peculiar to the land, structures and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved, would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the provisions of this Code are literally enforced; that it is a condition that is not ordinarily found in the same zoning district, and the condition is created by the regulations of this Code, and not by an action or actions of the property owner or the applicant; Approximately 20,083 square -feet of buildable uplands are available for construction of a single family residence outside the wetland and buffer. This area is larger than the maximum lot coverage permitted for residential zoning districts, and therefore relocating the building footprint to the area outside of the wetland and buffer does not result in an unnecessary hardship for the owner. 2. The granting of the waiver will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood; Granting of the waiver is not anticipated to adversely affect neighboring properties. 3. The waiver granted is the minimum waiver that will make possible the reasonable use of the land, building or structures; and Reasonable use of the land is feasible with no waiver of the wetland buffer area; therefore, a waiver is not necessary for reasonable use of the land. 4. The waiver desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The resource protection standards within the Land Development Code and Comprehensive Plan are intended to minimize impacts to the natural environment. Wetlands and associated buffers are specifically protected due to their high ecological value, including water quality protection, and water storage benefits. Granting of the requested waiver would not minimize impacts to the wetland buffer, which is contrary to the general spirit and intent of the Land Development Code and Comprehensive Plan. Recommendation Board denial of Resolution 10-265 granting a waiver from the provisions of Policy 8.1.14.5 of the St. Lucie County Comprehensive Plan, as outlined in the agenda memorandum. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. 10-265 FILE NO.: BCC 420104060 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING A WAIVER FROM COMPREHENSIVE PLAN POLICY 8.1.14.5 FOR LOT 5 LOCATED IN HOWARD CREEK ESTATES IN ST. LUCIE COUNTY, FLORIDA 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. Anthony Nardone has requested a waiver from Comprehensive Plan Policy 8.1.14.5 to impact a total of 1,730 square -feet (155 square -feet for the building footprint and an additional 1,575 square -feet for additional yard area) of the required wetland buffer (as depicted on the attached Exhibit B) to allow for the development of single family residence on the property depicted on the attached map in Exhibit A, and described in Part B below. 2. The proposed project is consistent with the general purpose, goals, objectives, policies and standards of review of the Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 3. 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. 4. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 10.01.02 of the Land Development Code, the waiver from Comprehensive Plan Policy 8.1.14.5 for lot 5 of Howard Creek Estates is hereby approved as depicted on the site plan drawings prepared by Steve LiCausi Design Group dated July 20, 2010, and date stamped received by the St. Lucie County Planning and Development Services Director on August 9, 2010, for the property described below, subject to the following conditions: 1) Within 90 days of building permit approval or prior to Vegetation Removal Permit or Exemption, a Preserve Area Management Plan acceptable to the Environmental Resources Department shall be provided. File No: BCC 4201040050 November 23, 2010 Resolution No. 10-265 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 2) Within 90 days of building permit approval or prior to Vegetation Removal Permit or Exemption, per Section 7.09.05, Category I Invasive Exotic vegetation shall be removed from within the project boundary. 3) Within 90 days of building permit approval or prior to Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed St. Lucie County conservation easement and the Environmental Resources Department -approved Preserve Area Monitoring and Management Plan (PAMP) with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. A copy of the standard conservation easement document can be obtained by visiting the St. Lucie County Environmental Resources Department website at: http://www.stiucieco.org/Environmental Resources Department/index.htm. 4) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided Environmental Resources Department with copies of any required federal and state permits. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the Land Development Code. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. B. The property on which this waiver is being approved is described as follows: A parcel of land lying in a portion of Section 24, Township 37 South, Range 40 East, St. Lucie County, Florida and being more particularly described as follows: Lot 5 Howard Creek Estates as shown on the plat thereof recorded in plat book 53, page 19, of the public records of St Lucie County, Florida. C. The waiver approval granted under this Resolution is specifically conditioned to the requirement that the petitioners, 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 or authorizations to commence development activities on the property described in Part B. D. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director. File No: BCC 4201040050 Resolution No. 10-265 November 23, 2010 Page 2 42 E. The conditions set forth in Part A are an integral nonseverable part of the waiver approval granted by this resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the waiver approval granted by this resolution shall become null and void. F. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on -site development activities without obtaining such further development permits as may be required. After motion and second, the vote on this resolution was as follows: Christ Craft, Chairman XXX Chris Dzadovsky, Vice -Chair XXX Todd Mowery, Commissioner XXX Paula Lewis, Commissioner XXX Frannie Hutchinson, Commissioner XXX PASSED AND DULY ADOPTED this 23rd day of November 2010. ATTEST: DEPUTY CLERK File No: BCC 4201040050 November 23, 2010 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. 10-265 Page 3 1 2 3 4 5 6 7 8 9 Exhibit A General Location Map BCC-420104050 Anthony Nardone - Howard Creek Estates VD BALLANTRAE 8L Legend Subject property l Port St- Lucie Ballantrae Subdivision kTgq FCT HOWARD CREEK LN � W Q v W G Q � 1 ST LUCIE LN OJ Z J W J 8i N 2 j 07 U J 0 c O� y O� 0 200 400 600 800 Feet co �4 P m to W g EVENTIDE PL � Moo prpKKJ October 11, 2010 Ix File No: BCC 4201040050 November 23, 2010 Resolution No. 10-265 Page 4 9 96ed 0 �OZ `£Z aagwanoN 99Z-OL 'ON uo!jnlosa�j 0900b060ZV 008 :ON al!d aan!eAAPUell@M 9 ;off sa;e;s3 �aaa:D PJeMOH 2 ;!q!gx3 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration ITEM NO. IX DATE: 11/23/10 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Faye W. Outlaw, MPA County Administrator SUBJECT: Planning & Zoning Commission/Local Planning Agency two at -large BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board vote and appoint two at -large members from the attached applications submitted to fill the Planning and Zoning Commission at -large vacancies. COMMISSION ACTION: b4 APPROVED ( ) DENIED ( ) OTHER Brad Culverhouse (4 Votes) and Barry Schrader (3 Votes) appointed to 2^d Terms. County Attorney (X) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst (X) Daniel McIntyre Originating Dept. (X) Purchasing (X) Faye W. Outlaw, MPA Marie Gouin Robert O'Sullivan Melissa Simberlund Administration MEMORANDUM TO: Board of County Commissioners FROM: Faye W. Outlaw, MPA, County Administrator DATE: November 23, 2010 SUBJECT: Planning & Zoning Commission/Local Planning Agency two at -large vacancies. ITEM NO. IX Backaround: Brad Culverhouse's 1st term on the commission expires at the end of November and he is eligible for reappointment as an at -large representative. Mr. Culverhouse is interested in remaining on the Planning and Zoning Commission and an application is attached for reappointment. Barry Schrader's 1st term on the commission expires at the end of November and he is eligible for reappointment as an at -large representative. Mr. Schrader is interested in remaining on the Planning and Zoning Commission and an application is attached for reappointment. Recommendation: Staff recommends that the Board vote and appoint two at -large members from the attached applications submitted to fill the Planning and Zoning Commission at -large vacancies. VOTING TALLY SHEET Planning & Zoning Commission/Local Planning Agency Select (2) Applicants to fill the vacant seats APPLICANTS Commissioner Commissioner Commissioner Commissioner Commissioner TALLY Dzadovsky Mowery Lewis Hutchinson Craft Alvira, Kathleen (Kate) Blazak, William R. Burdge, Robert J. Cox, Edward V. Culverhouse, Brad Currie, Bradley J. Degen, Peter Deinard, David Fein, Howard Hall, Larry Thomas Hammer, Pamela J. Lowe, Robert J. O'Neal, Robert L. Jr. Parupia, Arif "Pete" Reyes, Cassie Boatwright Schrader, Barry Short, Vicki Strickland, Ryan Townsend, Cathy Weaver, Steven Michael Sr. Whitley, Thel T. VOTING BALLOT Planning & Zoning Commission/Local Planning Agency Select (2) Applicant Alvira, Kathleen (Kate) Blazak, William R. Burdge, Robert J. Cox, Edward V. Culverhouse, Brad (Seeking reappointment to 2^d Term) Currie, Bradley J. Degen, Peter Deinard, David Fein, Howard Hall, Larry Thomas Hammer, Pamela J. Lowe, Robert J. O'Neal, Robert L. Jr. Parupia, Arif "Pete" Reyes, Cassie Boatwright Schrader, Barry (Seeking reappointment to 2^d Term) Short, Vicki Strickland, Ryan Townsend, Cathy Weaver, Steven Michael Sr. Whitley, Thel T. --FFI t IONE ' S RE: J,/-, zo 1-�/ DATE: 11 /23/10 VOTING BALLOT Planning & Zoning Commission/Local Planning Agency 5eiect z Applicant Alvira, Kathleen (Kate) Blazak, William R. Burdge, Robert J. Cox, Edward V. IHH II Culverhouse, Brad (Seeking reappointment to 2nd Term) 11 Currie, Bradley J. Degen, Peter Deinard, David 11 Fein, Howard 11 Hall, Larry Thomas 11 Hammer, Pamela J. II Lowe, Robert J. II O'Neal, Robert L. Jr. Parupia, Arif "Pete" Reyes, Cassie Boatwright Schrader, Barry (Seeking reappointment to 2nd Term) IHH Short, Vicki Strickland, Ryan Townsend, Cathy Weaver, Steven Michael Sr. / 11 Whitley, Thel T. COMMISSIONER'S SIGNATURE: DATE: 11/23/10 VOTING BALLOT Planning & Zoning Commission/Local Planning Agency Select (2) Applicant Alvira, Kathleen (Kate) Blazak, William R. Burdge, Robert J. Cox, Edward V. Culverhouse, Brad (Seeking reappointment to 2^d Term) Currie, Bradley J. Degen, Peter Deinard, David Fein, Howard Hall, Larry Thomas Hammer, Pamela J. Lowe, Robert J. O'Neal, Robert L. Jr. Parupia, Arif "Pete" Reyes, Cassie Boatwright Schrader, Barry (Seeking reappointment to 2"d Term) J Short, Vicki Strickland, Ryan Townsend, Cathy Weaver, Steven Michael Sr. Whitley, Thel T. COMMISSIONER'S SIGNATURE: f DATE: 11 /23/10 VOTING BALLOT Planning & Zoning Commission/Local Planning Agency Select 2) Applicant Alvira, Kathleen (Kate) Blazak, William R. Burdge, Robert J. Cox, Edward V. Culverhouse, Brad (Seeking reappointment to 2nd Term) Currie, Bradley J. Degen, Peter Deinard, David Fein, Howard Hall, Larry Thomas Hammer, Pamela J. Lowe, Robert J. O'Neal, Robert L. Jr. Parupia, Arif "Pete" Reyes, Cassie Boatwright Schrader, Barry (Seeking reappointment to 2nd Term) Short, Vicki Strickland, Ryan Townsend, Cathy Weaver, Steven Michael Sr. Whitley, Thel T. COMMISSIONER'S SIGNATURE: DATE: 11 /23/10 VOTING BALLOT Planning & Zoning Commission/Local Planning Agency Select (1) Applicant Alvira, Kathleen (Kate) Blazak, William R. _ Burdge, Robert J. Cox, Edward V. IHH II Culverhouse, Brad (Seeking reappointment to 2nd Term) Currie, Bradley J. Degen, Peter Deinard, David Fein, Howard Hall, Larry Thomas Hammer, Pamela J. Lowe, Robert J. O'Neal, Robert L. Jr. Parupia, Arif "Pete" Reyes, Cassie Boatwright Schrader, Barry (Seeking reappointment to 2nd Term) IHH Short, Vicki Strickland, Ryan Townsend, Cathy Weaver, Steven Michael Sr. Whitley, Thel T. COMMISS N SI AT E: DATE: 11 /23/10 VOTING BALLOT Planning & Zoning Commission/Local Planninq Agency Select (2) Applicant Alvira, Kathleen (Kate) Blazak, William R. Burdge, Robert J. Cox, Edward V. Culverhouse, Brad (Seeking reappointment to 2°d Term) Currie, Bradley J. Degen, Peter Deinard, David Fein, Howard Hall, Larry Thomas Hammer, Pamela J. Lowe, Robert J. O'Neal, Robert L. Jr. Parupia, Arif "Pete" Reyes, Cassie Boatwright Schrader, Barry (Seeking reappointment to 2nd Term) Short, Vicki Strickland, Ryan Townsend, Cathy Weaver, Steven Michael Sr. LWhitley, Thel T. -Tri COMMISSIONER'S SIGNATURE: DATE: 11/16/10 i o, N O , c'OCO 'OOC ,... C N N N N a) m m I'.m f�a O Om aa�a a a a s a a a �c acim�a�ciX�.x„�: 00 m m coa m d m 016 ca o_0_0 -DD'0vv c c c C c c c C N � N N N mmmm' m ml d � d a m,_0 as aac N N N N N� U N �mmEmmmm0m. to aaaa'a'a O a14-0) .0 -0a 70 a "OO 'OO 10 1z:14) O C C C C C C C C N N N d NN N N N, mm mCal asm m m '.. M O "a -0 "0O '0O 'a �I C Cp C C C C C C fa s, j m N M /6 f6 cc O a la a N Nla a s ai 0 OD j C C Z) :3 C X X:.: C C C Ch w ���m ': X E a CL O N .a.aaa �-0a17a"� as O' C d' C C C N N' C N (p CC 4) 00 N .- C a ., C C C: C a) U Nmm Nmmm > a)m > laMm w Nmm N mm (aCL p p W p p p O N N:. N N N N N aa7aa1010a N N N ooa a u� � � � as C C (p C C N N Na C1 m C a) C C d d . a C C C c N U U U N �a m; m m as � as m ;gym. M x X M�a� � 0 m'm o 2 E c m cc a '00 O C C C TI I7 glu m N � ,y E'D O (D07 AI.�.. E c Cm aC C` O m0 L> ' I�C•6 > SJ(D co Nm 02 Nm 4)U c� c C)o o N,'ia E' 3 rn �p !6 E Z J w a a U> m d W CO fA,Y,� m U,� d m W co m Y H (n Alvira, Kathleen (Kate) Blazak, William R. REVISED Burdge, Robert J. Cox, Edward V. Culverhouse, Brad (Seeking reappointment to 2"d Term) Currie, Bradley J. Degen, Peter Deinard, David Fein, Howard Hall, Larry Thomas Hammer, Pamela J. Lowe, Robert J. O'Neal, Robert L. Jr. Parupia, Arif "Pete" Reyes, Cassie Boatwright Schrader, Barry (Seeking reappointment to 2"d Term) Short, Vicki Strickland, Ryan Townsend, Cathy Weaver, Steven Michael Sr. (Application delivered on Friday, November 19`h at 11:18 a.m.) Whitley, Thel T. =R1 St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: Kathleen (Kate) M. Alvira 3. Home Phone: 772-528-2649 Cell Phone: 772-528-2649 Work Phone: 772-468-7722 4. Home Address: 2291 Sweetwater Drive, Fort Pierce, FL 34981 5. Email Address: tcredeal@aol.com 6. Which commission district do you live in? 4 7. Business/Occupation Real Estate, Inactive Realtor, Licensed Assistant to the Broker, Dominick Alvira 8. Business address: 3950 Sunrise Blvd., Fort Pierce, FI 34982 9. Brief resume of education & experience: (Please attach resume) My work history encompasses management, sales, book-keeping, and marketing. Throughout the years, I have attended various courses that enriched my business field and kept me up-to-date on current issues. My education is a continuous effort, constantly evolving for the betterment of my business. 10. Do you currently serve on a county committee(s)? If so, please list: No 11. Why do you think you are qualified to serve on the committee(s) indicated? I have a vested interest in the future of our county, as a resident and business owner. 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) Please refer to the numbered sequence next to the committees below. I actually do not have a preference and would be happy to serve my county in whatever capacity. 13. Comments: I believe that I can give a fresh outlook to whichever committee I serve. My involvement is purely for the enrichment of my community/county and the residents therein. SIGNATURE: DATE: St Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: 4 Affordable Housing Advisory Committee 13 Airport Master Plan Technical Advisory Committee U Art In Public Places Committee tt Board of Adjustments U Citizen's Budget Committee 5 Code Enforcement Board tt Community Development Block Grant Citizen's Advisory Task Force Lt Comprehensive Economic Development Strategy tt Contractors Certification Board tt Early Learning Coalition SLC tf Emergency Medical Services Advisory Council 12 Environmental Advisory Committee tt Fort Pierce Harbor Advisory Committee 1 Historical Commission 3 Housing Finance Authority Investment Committee Land Acquisition & Selection Committee Library Advisory Board 6 Planning & Zoning Commission Public Safety Coordinating Council Recreation Advisory Board Restudy Coordination Committee 2 Smart Growth Advisory Committee Sustainability Advisory Committee Tourist Development Council Treasure Coast Education & Research Development Authority (TCERDA) Treasure Coast Health Council, Inc. Value Adjustment Board 4 APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 3 KATHLEEN M. ALVIRA 2291 Sweetwater Drive Fort Pierce, Florida 34981 772-528-2649 tcredeal(aD,aol.com Education • 2001 Passed Florida Real Estate Exam • 1992- Completed the Certified Travel Counselor Program which included 1995 business management. • 1983 Graduated with Presidential Honors with the Wilma Boyd School, Pittsburgh, PA • 1981- Attended Allegheny Community College for Civil Engineering 1983 • 1981 Graduated Bethel Park High School, Pittsburgh, PA Employment History • 2003- Sunrise City Realty, LLC Agent/Owner, Fort Pierce, FL • 2002-2003 Worked as Licensed Assistant for Dominick Alvira, Broker Real Estate Sales Associate, Fort Pierce, FL • 1989-2002 Indian River Travel, Stuart, FL: Manager • 1983-1989 The Travel Company, Pittsburgh, PA Assistant Manager Job Skills I have been fortunate to work with experienced professionals in both the travel industry and real estate. Both professions have afforded me the ability to work closely with clients; to meet and exceed their needs; and to have the satisfaction of closing the deal. Through working in travel and real estate, I have continued my education by taking classes at IRCC in accounting, ethics courses through the St. Lucie County Real Estate Association, and a multitude of seminars relating to my career. My experiences have assisted me in developing a broad range of useful and educational abilities in regard to promotion, marketing, and selling. My years of business dealings with industry professionals, different governmental agencies, buyers, sellers, and lenders have resulted in a large network of contacts and practical know-how. My strongest point is in the negotiations with buyers and sellers and the ability to close the sale. Community Involvement/Past and Present • Fort Pierce Elks Lodge 1520 Presently on the House Committee in the running of the Club Rooms; former officer, Volunteer coordinator and Public Relations • Public Service host of "Steals and Deals" on AM 1490/1000 every Sunday at noon. Informative program for homeowners, sellers, and buyers. • Involvement in volunteering for special Golf Tournaments through the Elks and the Port St. Lucie Moose • Contributor to the Fort Pierce Castle Exchange Club for the Chili Cook -off; Won 3rd place in 2007 Chili Cook -off • Humane Society of St. Lucie County, fund raising for the annual "Fur Ball". References available upon request. St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committees) you are interested in. See the list below. 2. Name: William R. Blazak 3. Home Phone: 772-335-8415 Cell Phone: 772-216-3262 Work Phone. 772-464-3537 4. Home Address: 2191 Herron Ave., Port St. Lucie Florida, 34952 5. Email Address: bblazak@ct-eng.com 6. Which commission district do you live in? District 2 7. BusinesslOccupatio n Senior Engineering Manager / Client Relations 8. Business address: 2980 South 25th Street, Fort Pierce Florida, 34981 9. Brief resume of education & experience: (Please attach resume) See Attached 10. Do you currently serve on a county committee(s)? If so, please list: Bahama Trade Initiatve - Ad Hoc 11. Why do you think you are qualified to serve on the committee(s) indicated? See Attached Response 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) Yes 13. Comments: The County's Planning Board is critical to provide informed and knowledgeable direction to the Board of County Commissioners. As our region will grow in the future it is imperative that the County improve the tax base and create jobs for the area. SIGNATURE: DATE: YuMNhtu ,--- i o St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: 13 Affordable Housing Advisory Committee tt Airport Master Plan Technical Advisory Committee tx Art In Public Places Committee tt Board of Adjustments tt Citizen's Budget Committee 13 Code Enforcement Board 13 Community Development Block Grant Citizen's Advisory Task Force tt Comprehensive Economic Development Strategy tt Contractors Certification Board tt Early Leaming Coalition SLC #; Emergency Medical Services Advisory Council 13 Environmental Advisory Committee tt Fort Pierce Harbor Advisory Committee tt Historical Commission tt Housing Finance Authority tt Investment Committee 13 Land Acquisition & Selection Committee 13 Library Advisory Board X Planning & Zoning Commissionxx t3 Public Safety Coordinating Council tt Recreation Advisory Board tt Restudy Coordination Committee tt Smart Growth Advisory Committee 13 Sustainability Advisory Committee 33 Tourist Development Council 33 Treasure Coast Education & Research Development Authority (TCERDA) tt Treasure Coast Health Council, Inc. 13 Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 William R. Blazak Senior Project Manager / Client Relations CULPEPPER & TERPENING, INC. 2980 South 25"' Street Fort Pierce, Florida 34981 (772) 464-3537 William Blazak has over 30 years of private and public construction management experience in South Florida. He has been involved in private projects that range from small residential sites to site development for 2000 units annually. Public experience has included extensive involvement in the utility industry in the treasure coast region. Mr. Blazak has served as Director of Utilities for St. Lucie County, St. Lucie County Solid Waste and Recycling Contract Administrator, Regional Vice Chair of the American Water Works Association, Secretary of the Treasure Coast Regional Utility Association and as member of the St. Lucie County Strategic Planning team. PROFESSIONAL EXPERIENCE 2004 —Present Senior Project Manager Project manager responsible for land design, planning, utility design and coordination of sub consultants related to project design and construction. Also responsible for intergovernmental relations with the surrounding Cities and Counties located on the Treasure Coast. Currently serve on the City of Port St. Lucie Planning and Zoning Board and represent the Board on the Site Plan review Committee. 1994 — 2004 Director of Utilities — St. Lucie County, Florida Responsible for the overall management of the plants, processes, infrastructure and personnel associated with St. Lucie County Utilities under the jurisdiction of County Administration and the Board of County Commissioners. Long term planning, financing, utility acquisitions, coordination of sub consultants and management of contract labor to facilitate the operation & maintenance of the facilities. The combined annual budget of the utility systems totaled 10 million dollars annually and the capital projects completed during the ten year period totaled 40 million dollars. CIVIC ACTIVITIES City of Port St. Lucie, Planning and Zoning Board City of Port St. Lucie, Site Plan Review Committee Boys and Girls Club, Board of Directors Florida Atlantic University, Corporate Board John Carroll High School Board of Directors Volunteer of the Year for John Carroll HS 2009-2010 Planning and Zoning Board 11. Why do you think you are qualified to serve on the committee(s) indicated? As a resident of St. Lucie County for more than 27 years my knowledge of the area and involvement in the community is extensive and far reaching. I'm active in the community and current civic events, as well as development and planning activities, in the surrounding counties and cities in our region. My direct involvement in current and long range local projects would provide a tremendous input of information as well as significant historical knowledge to the P&Z Board. As our region grows in the future we will be faced with new and challenging issues that will affect our quality of life and how we live, work and play in our community. It will be important to have the ability to share the challenges and solutions and to move forward in a positive manner establishing a sound basis, adaptive to change, that will improve our community and region as a whole. As a member of the City's Planning and Zoning Board and as a representative on the City's Site Plan Review Committee, a sharing of knowledge and an ability to share that knowledge, first hand, between the government entities would be available and provide a level of interaction that is currently lacking. K ECENE 5 nt_'J St. Lucie County CQ, AD MINIST '0N Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committees) you are interested in. See the list below.0 �,W v wl A u -2-40N/ A--, r-- 2. Name:,-Ro b e Orfi IT> u Ail e- 3. Home Phone: 4(, — B 3 L Cell Phone: Work Phone: 4. Home Address: / 3 2- 5. Email Address: C a m M SS h 3 3 C) 46/ G 6. Which commission district do you live in? -I-- AJ t) L 7. Business/Occupation 8. Business address: fD s L' 9. Brieef resume of education& experience: (Please attach resume) j�p V ow�(S ivL e coca( !;vAoo 1S "D Al�� � � SrbU4� U-(2 Co ,F#s F0 IC' el97 -- 13. A-. - P /i A- 10. Do you currently serve on a county committee(s)? If so, please list: S�zew Ce y "—pe v,e- 11. Why do you think you are qualified to serve on the committee(s) indicated? P� we h> e �n•�✓ ,4/* r4 eA #kl fiff2Vi Aq 011 RNN 901W SwAf E��G��� r �tifiP�F�� ��� �� �, ass; ��- y . 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) Ij,,rf - A4- -tk is I' t v4 13. Comments: J" SIGNATURE: S J DATE: /0/2-L/10 St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: 33 Affordable Housing Advisory Committee 12 Airport Master Plan Technical Advisory Committee 13 Art In Public Places Committee tt Board of Adjustments tt Citizen's Budget Committee 33 Code Enforcement Board 13 Community Development Block Grant Citizen's Advisory Task Force 13 Comprehensive Economic Development Strategy it Contractors Certification Board U Early Leaming Coalition SLC 13 Emergency Medical Services Advisory Council 13 Environmental Advisory Committee 13 Fort Piercd Harbor Advisory Committee It Historical Commission it Housing Finance Authority M Investment Committee 13 Land Acquisition & Selection Committee 11 Library Advisory Board Planning & Zoning Commission M--Pub is Safety Coordinating Council It Recreation Advisory Board U Restudy Coordination Committee 33 Smart Growth Advisory Committee 33 Sustainability Advisory Committee 13 Tourist Development Council 13 Treasure Coast Education & Research Development Authority (TCERDA) It Treasure Coast Health Council, Inc. 13 Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: Must be a County resident Must not be related to a County Commissioners or County employee involved with the committee of interest. Must not be employed by the same business entity as other committee members. Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. Please see the list below. 2. Name: Edward V. (Ed) Cox 3. Home Phone: 772.429.1928 Cell Phone: 985.8330 Work Phone: 772.466.1600x3266 4. Home Address: 7664 Charleston Way, Port St. Lucie, FL 34986 5. Email Address: evcox@comcast.net 6. Which commission district do you live in? 4 7. Business/Occupation: Human Resources Manager, Fort Pierce Utilities Authority 8. Business address: 500 Boston Avenue, Fort Pierce, FL 34950 9. Brief resume of education & experience: Resume attached. 10. Do you currently serve on a county committee(s)? No 11. Why do you think you are qualified to serve on the committee(s) indicated? Given my education, training, and experience and my commitment to improving the quality of life in this community I believe I am qualified to serve on any one of my listed preferences. I am especially interested in growth management and development, since that area of service has the most long term effect on this community's quality of life. RECEIVED CO. ADI4"INISTU33"; 4, 12. Would you consider serving on another board other than the one(s) stated above? Other than my preferences listed below I am willing to serve on the Environmental Advisory Committee. 13. Comments: I am fortunate to have had many learning opportunities which I believe equip me to serve our community in a meaningful way. I hope to contribute back in return for what this community has given me. /J SIGNATURE: J (!" DATE: October 27, 2010 St. Lucie County Advisory Boards and Committee Citizen Appointments Please list the committees you are interested in: Airport Master Plan Technical Advisory Committee Citizen's Budget Committee Comprehensive Economic Development Strategy Fort Pierce Harbor Advisory Committee Planning & Zoning Commission Smart Growth Advisory Committee APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Edward V. Cox 7664 Charleston Way Port Saint Lucie, Florida 34986 Home Telephone: 772-429-1928 / Email: evcox@comcast.net Employment History Fort Pierce Utilities Authority March, 2007 to Present 500 Boston Avenue, Fort Pierce, Florida 34950 Human Resources Manager • Responsible for all Human Resource functions including recruitment, benefits, training and development, discipline, official personnel records, legal issues, and counseling • Maintain classification and pay plans; conduct salary surveys and benefit studies. • Supervise subordinates; conduct performance evaluations; provide guidance and direction. • Prepare and control department budget; oversee company personnel budget. • Complete variety of reports, studies, and surveys. • Advise department heads, supervisors, and employees on personnel policies and procedures • Serve as Chairperson of the Sick Leave Bank Review Committee, Assistant Chair of Suggestion Award Committee Harbortown Marina August, 2005 to March, 2007 1936 Harbortown Drive, Fort Pierce, Florida 34964 Dockmaster • Responsible for all operational and financial activities of a 330 slip marina, including contractual and logistical controls. • Employed and managed dock attendants and dock support personnel. • Report to General Manager for all technical and administrative support strategies. • Develop policies, procedures and systems for effective and efficient marina dock operations. St. Lucie County Government November, 2004 to March, 2005 2300 Virginia Avenue, Fort Pierce, Florida 34982 Department of Growth Management Director • Responsible for management of all activities of the department including Administration, Planning Division, Geographic Information System Division, and Tourism/Economic Development Division. Also responsible for administrative oversight of regional Metropolitan Planning Organization. • Developed and administered department policies and procedures including budget, accounting, personnel, record -keeping, and project control. • Managed and reported on land use issues related to Comprehensive Plan, Land Use Development Code, community development, growth management, development review. Represented department before Board of County Commissioners, Planning and Zoning Commission, County Administrator, advisory boards, agencies, civic organizations, and special interest groups. Wicomico County/City of Salisbury Government March, 1999 to April, 2004 Government Office Building, 125 N. Division Street, Salisbury, Maryland 21803-0870 Human Resources Director • Responsible for all functions and activities of a full service personnel department serving both Wicomico County and the City of Salisbury. Approximately 650 county employees and 350 city employees, plus part-time, seasonal, and retirees. • Developed and managed department budget and budget for benefits for all employees, assigned work and supervised employees, prepared reports, maintained variety of data bases. • ures, created personnel transaction systems, coordinated Originated policies and proced inter-department operations. • ining sessions, explained employment opportunities and Organized and conducted tra conditions. • Administered compensation and benefit systems, negotiated with and supervised vendors, reviewed and updated salary and classification plans. • Received above satisfactory evaluations every Performance Appraisal. ManTech Systems Engineering Corporation July, 1995 to March, 1999 21491 Great Mills Road, Lexington Park, Maryland 20653 Technical Director • Provided management/strategic planning support to Naval Air Station Commanding Officer and NAS Executive Director for community infrastructure improvements to support significant growth at NAS due to base realignments. • Responsible for managing Department of Defense projects providing contractor services to the Patuxent River Naval Air Station in technical management support, data services, and engineering services. • Adhered to all corporate policies and procedures; participated in company management activities. Reported to Company Vice President. • Interacted with various military and civilian Department of Defense representatives. • Applied knowledge of management functions, processes and analytical methods or techniques to gather, analyze and evaluate information required by program/project managers and customers. • Developed and drafted program and project milestones, progress monitoring, financial acquisitions, quality control, maintenance and training documentation. • Drew conclusions and devised solutions to problems relating to improvement of management effectiveness, organizational structure, work methods and procedures, efficiency and resource requirement, utilization or control. • Performed work measurement studies, program or project operations efficiency reviews, cost studies or workload change impact analyses. • Received top evaluations every performance period. St. Mary's County Government December, 1973 to June, 1995 Governmental Center, P.O. Box 653, Leonardtown, Maryland 20650 County Administrator • Served as principal appointed official under elected five -member Board of County Commissioners in a community of approximately 85,000 with an annual General Fund budget exceeding $100 Million dollars, and 550 employees. • Responsible for day-to-day management of all functions and activities of county government, including the supervision of all department heads and the exercise of administrative control over county governmental functions such as Public Works, Financial Management, Personnel, Recreation and Parks, Economic Development, Human Services, Emergency Services, Planning and Zoning, etc. • Served as legislative action officer overseeing legislative development process and implementation of enacted measures. • Served as principal liaison with community organizations, other jurisdictions, state and federal government agencies and representatives. • Served as public information officer by providing briefings, reports, information releases with print, sound, and video media. • Elected by peers as President of Maryland Association of Counties- Administrative Officers Affiliate • Was re -appointed by six successive Boards of County Commissioners. Always received superior performance ratings. Education/Training/Professional Certification Senior Professional in Human Resources certification from HR Certification Institute Compensation Management Specialist certification from International Foundation of Employee Benefits Society for Human Resources Management member since 2000 International City/County Management Association International Personnel Management Association International Public Employers Labor Relations Association State of Maryland Pension System certified coordinator B.A., Bachelor of Arts degree Philosophy and Sociology, St. Mary's College/University M.Ed., Master of Education degree Psychology & Guidance, Loyola University M.A., Master's Equivalency in Theology, St. Mary's University Doctorate program in Administration (doctorate not completed), Ohio University Business Management, Administration, Human Resources: many courses, seminars, and conferences on such subjects as Accounting, Project Management, Performance Measurement, Personnel Practices, Information Technology, Proposal Development. Real Estate Licensure, Private Pilot Certificate. Strengths • Effective and efficient Human Resources management practices. • Working knowledge of the principles and practices of effective management. 0 Ability to develop, effect and monitor administrative procedures and operations. • Ability to assemble, analyze and present data for decision making processes. Ability to effectively communicate in a variety of settings. Ability to establish and maintain effective working relationships at all levels. References Furnished Upon Request St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: Brad Culverhouse 3. Home Phone: 772-461-3621 Cell Phone: 561-716-4726 Work Phone: 772-465-7572 4. Home Address: 505 Beach Court, Fort Pierce, FL 34950 5. Email Address: BradCulverhouseLaw@gmail.com 6. Which commission district do you live in? District 1 7. Business/Occupation-Attorney/Citrus Grower 8. Business address: Suite 100, 320 South Indian River Drive, Fort Pierce, FL 34050 9. Brief resume of education & experience: (Please attach resume) Please see attached resume. 10. Do you currently serve on a county committee(s)? If so, please list: Member at large, Planning & Zoning Commission 11. Why do you think you are qualified to serve on the committee(s) indicated? I believe that I am qualified because of the experience and knowledge I have gained over the last four years in being an at large member from reading the information relating to the agenda items and attending the regular and special meetings and workshops and from talking with and leaming from Staff and from reading the Land Development Code and Comprehensive Plan. 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) No. I think I can make a more meaningful contribution as a member of the Planning & Zoning Commission. 13. Comments: I respectfully ask the Members of the Board of County Commissioners to re -appoint me to a second term as an at large-membe��f the Planning & Zoning Commission. SIGNATU DATE: Ortr%hnr R. ?n1 St Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: 11 Affordable Housing Advisory Committee u Airport Master Plan Technical Advisory Committee 13 Art In Public Places Committee ti Board of Adjustments ti Citizen's Budget Committee 13 Code Enforcement Board ti Community Development Block Grant Citizen's Advisory Task Force 11 Comprehensive Economic Development Strategy :U Contractors Certification Board II Early Learning Coalition SLC 33 Emergency Medical Services Advisory Council 23 Environmental Advisory Committee :U Fort Pierce Harbor Advisory Committee 23 Historical Commission 13 Housing Finance Authority I] Investment Committee 11 Land Acquisition & Selection Committee 13 Library Advisory Board • Planning & Zoning Commission ti Public Safety Coordinating Council 11 Recreation Advisory Board ti Restudy Coordination Committee t1 Smart Growth Advisory Committee ti Sustainability Advisory Committee 11 Tourist Development Council 11 Treasure Coast Education & Research Development Authority (TCERDA) 33 Treasure Coast Health Council, Inc. 31 Value Adjustment Board N BRAD CULVERHOUSE EDUCATION AND EXPERIENCE EDUCATION • Bachelor of Arts Degree University of West Florida (1970) • Associate of Arts Degree Indian River State College* (1966) (then Indian River Junior College) • Juris Doctor Degree University of Miami School of Law (1974) Miami, Florida • Member, University of Miami Law School Law Review BAR ADMISSIONS, MEMERSHIPS & EXPERIENCE • Member, Florida Bar since December 19, 1975. • Admitted to practice before the Supreme Court of Florida and all Florida state courts on December 19, 1975 • Admitted to the Bar of the Federal District Court for the Southern District of Florida on February 22, 1980. (the Southern District includes Broward, Dade, Indian River, Martin, Monroe, Okeechobee, Palm Beach, St. Lucie and Highlands Counties). • Admitted to practice before the Supreme Court of the United States on March 24, 1986 upon the motion of the late Honorable Claude Pepper, Member of Congress. • Member, Business Section of the Florida Bar and Member of the Bankruptcy/UCC Committee of the Business Section of the Florida Bar; • Member, American Bankruptcy Institute ("ABI") & member of the AEI's Litigation, Business Reorganization and Consumer Committees • Member, National Association of Consumer Bankruptcy Attorneys • Engaged in Bankruptcy practice beginning in 1976-1978 under the Bankruptcy "Act" and since the enactment of the Bankruptcy Code and the subsequent enactments of Chapters 13 and then Chapter 12, I have represented Debtors and Creditors in Chapter 7, 11, 12 and 13 cases and I am proud to have the distinction of having represented a Family Farmer in the filing of the first Chapter 12 case in the Southern District of Florida. From April 2, 2007 until November 1", 2008, while serving as Senior Counsel to the law firm of Sachs & Sax in its St. Lucie West office, I assisted in the establishment of, and Chaired that Firm's, creditor bankruptcy practice division, and served as such until I left the Firm to reopen the law offices of Brad Culverhouse, Attorney At Law, Chartered, in Fort Pierce, Florida. From November 1, 2008 to present, a shareholder in Brad Culverhouse, Attorney At Law, Chartered. • 35 years of experience as an attorney in loan workouts, bankruptcy, defense of mortgage foreclosures, real estate, and tax matters and litigation against the Internal Revenue Service and the Florida Department of Revenue • Former Research Assistant to Chief Justice of the Supreme Court of Florida 1975-76 • Former Assistant State (prosecuting) Attorney and Chief of Consumer Fraud Division for 19' Judicial Circuit of Florida 1976-77 • Lecturer on Bankruptcy and related tax law to Certified Public Accountants (these lectures were approved by the Florida Board of Accountancy for Continuing Professional Education credits for C.P.A.'s) and Special Guest Lecturer on "Practical Bankruptcy for the Family Law Practitioner" at the December 1 st, 2009 "Family Law Update" hosted by the Honorable Cynthia Cox, Circuit Judge in and for the 19' Judicial Circuit of Florida (this lecture was approved by the Florida Bar for CLE credit) and Guest Lecturer on Bankruptcy & Foreclosure at Florida Rural Legal Services December 16`h, 2009 Seminar and Guest Lecturer on "Bankruptcy & the General Practitioner" before the Port St. Lucie Bar Association in June of 2009 (this lecture was approved by the Florida Bar for CLE credit). • Former Special Assistant to the Chairman, Select Committee on Crime of the United States House of Representatives • Former Special Consultant to the Chairman, Select Committee on Aging of the United States House of Representatives • Former Special Counsel to the Honorable Claude Pepper in 1977-78 regarding the legislation then pending in Congress that was subsequently enacted as Title 11, the U.S. Bankruptcy Code • Aide to Congressman Claude Pepper on Congressional fact finding mission to Middle East ( Israel, Jordan & Syria) following June 1967 Six Days War, • St. Lucie County Envoy to United States Congress and federal agencies in 1967 regarding federal assistance for drought relief pursuant to Resolution of the Board of County Commissioners of St. Lucie County • Administrative Assistant to four Florida Legislators • Elected as Delegate in multi -candidate race to 1988 Democratic National Convention from Florida's 12th Congressional District • Democratic Nominee for U.S. House of Representatives in 1982 in Florida's 12th Congressional District (won the Democratic Nomination by defeating a Palm Beach County Commissioner in a nine county district in the Democratic Primary and lost the General Election by less than two percent and was endorsed by the Palm Beach Post The Miami Herald, the AFL-CIO, the National Organization for Women and numerous others. • Volunteer for Vice -President Al Gore for President in January, 2000 Iowa Caucuses • General Counsel, Florida Councils on Aging • General Counsel, St. Lucie County Council on Aging • General Counsel, St. Lucie County Fair Association • Past Chair, St. Lucie County Historical Commission, ( elected Chair in 2006 and Re-elected Chair in January of 2008 and 2009) (St. Lucie County's then historical preservation unit) • Member, St. Lucie County Planning & Zoning Commission, ( appointed by the Board of County Commissioners of St. Lucie County, Florida, to one of two at large seats for a four year term out of a field of nine candidates in November of 2006) • Member and past Vice -Chair, City of Ft. Pierce Historic Preservation Board ("FPHPB") (appointed by Ft Pierce City Commission to fill out unexpired term of the Honorable Sam Gaines in 2006; re -appointed unanimously by the City Commission to a full three year term in 2007 and re -appointed unanimously in August, 2010 to a second three year term; unanimously elected Chairman Pro Tem by the members of the FPHPB attending the March 24, 2008 meeting and elected unanimously as Vice -Chair of the FPHPB at it's April 28, 2008 annual re -organizational meeting - In April of 2009, declined nomination as Vice -Chair for a second term) AFFILIATIONS, PAST & PRESENT • Member, Sons of the American Revolution • Member, Florida Pioneer Society • Past President ( 5 terms) and present member of Board of Directors, St. Lucie Historical Society, Inc. • Member, White City Improvement Club, Inc. • Member, Benevolent and Protective Order of Elks ( B.P.O.E. • Member, Fraternal Order of Eagles, AERIE No. 3582 • Master Mason , Ft. Pierce, Blue Lodge No. 87, 32nd Degree Scottish Rite Mason and York Rite Mason and Ancient and Accepted Order of Nobles of the Mystic Shrine (Shriner) • Chair, Saint Lucie County Salvation Army Capital Campaign • Director, Saint Lucie County Salvation Army • Founding President, Indian River Community College Alumni Association • Member, Indian River Community College Foundation 0 Founding President, Dan McCarty High School Alumni Association, Inc., • Director, Palm Glades Girl Scout Council • Member, Sons of the American Legion • Paul Harris Fellow, Rotary International • Eagle Scout and Order of the Arrow (Brotherhood), Boy Scouts of America • Director, St. Lucie County Red Cross • Chair, 1966 Blood Drive for U.S. Soldiers in Vietnam • Director, St. Lucie County March of Dimes • Order of the Battered Boot, St. Lucie County March of Dimes • Member, Westside Baptist Church • President, Pastor's Sunday School Class, First Baptist Church of Fort Pierce • Founder, Agri -Business Student Loan Program BUSINESS & AGRICULTURAL BACKGROUND • 1990 to present Obtained permitting for citrus grove and reservoir and developed and planted citrus grove in St. Lucie County, Florida. While going through the permitting for this grove, I directed the civil engineers to redesign the grove so as to save oak trees and a head containing oak trees and other native vegetation even though the redesign cost additional monies and the loss of the planted grove acres meant a loss in income from the grove. In 2004, this grove was infected with canker during Hurricanes Frances and Jeanne and all of the citrus trees were condemned and removed and burned by the U.S. Department of Agriculture. I am presently awaiting the availability of citrus trees in order to replant this grove. 1985 to 1990 Purchased 100 acre bearing citrus grove in St. Lucie County and developed and planted 30 acres of citrus. This grove was sold in 1990. 1972 to 1985 Vice -President of Culverhouse Cattle Corporation and co-owner of cattle ranch in western St. Lucie County with commercial cow -calf operation; breeder of purebred Beefmaster cattle and of Registered Quarter Horses. NON - LEGAL WORK EXPERIENCE Vice -President & shareholder in Culverhouse Cattle Corporation, 1970-1985 (4,000 head Commercial cow/calf operation; pure bred breeding stock; registered quarter horses) Citrus Grower, owner and developer of Citrus Groves in St. Lucie County, Florida, 1970 to present. St. Lucie Countv Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. -FI'o-A Zar, C, Mwr,451al, 4rpwl Mr401 Prr, —waccj 2. Name: � (c . �e 3. Home P one: Cell Phone: T?Z- $(Z 4S3 Work Phone: 77Z-9Z4- VZ 4. Home Address: I" se �}�� kv-41 �" 9. LW , �- S49, 5. Email Address: barme Crxdl 6. Which commission district do you live in? 7h�U z 7. Business/Occupation LW06" ✓ 8. Business address: 561 SE p 4F. ref '�vc�� T►orF ` 9. Brief resume of education & experience: (Please attach resume) 10. Do you currently serve on a county committee(s)? If so, please list: 6 11. Why do you think you are qualified to serve on the committee(s) indicated? atulm W p&AWAI exp"'Ip,try . 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) 13. Comments: SIGNATURE: DATE: St Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: 13 Affordable Housing Advisory Committee 13 Airport Master Plan Technical Advisory Committee U Art In Public Places Committee 13 Board of Adjustments - 13 Citizen's Budget Committee = Code Enforcement Board 13 Community Development Block Grant Citizen's Advisory Task Force 13 Comprehensive Economic Development Strategy Lt Contractors Certification Board U Early Learning Coalition SLC 13 Emergency Medical Services Advisory Council • Environmental Advisory Committee — t3 Fort Pierce Harbor Advisory Committee- 13 Historical Commission U Housing Finance Authority 13 Investment Committee 13 Land Acquisition & Selection Committee 33 Library Advisory Board 33 Planning & Zoning Commission — 33 Public Safety Coordinating Council 13 Recreation Advisory Board 33 Restudy Coordination Committee 13 Smart Growth Advisory Committee 11 Sustainability Advisory Committee t3 Tourist Development Council U Treasure Coast Education & Research Development Authority (TCERDA) II Treasure Coast Health Council, Inc. 13 Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 �f►�kA0 INUtW rxy . Brad Currie, AICP is a Principal of Land Design Smid). He is a Certified Land Planner and has worked on variety of projects for both public and private sector clients. Brad's local public sector experience includes :cyeral land planning projects for the Cite of Vero Beach and projects for the Florida Department of Transportation. Brad also leads the land planning team for dze City of Vero Beach Continuing Services Contract for Land Planning. Brad's public sector experience includes preparation of and representation of Developments of Regional Impact, (DRIs ), Anncxation studies, Comprehensive Plan Amendments, and land planting reports. He is responsible for a variety of land planning projects that encompass sire planning, master planning and application submitrals_ I dis education in planning u-as comprised of both rheory and practical work, providing Brad with an understanding of plaiitung principals and rechffliclues used to apply his education to project design. Brad and his family live in [he City of Port Sr. Lucie. He is active in the corfurtunity' coaching baseball and football. I Ic is an active member of the SLC Fconoruc Council and the Sr. Lucie Cunt' Chamber of Commerce. Brad is a graduate of Class 27 of the St. I_ucic C;ounu? Leadership program. Relevant Project Experience Wilson Groves, Port St. Lucie Florida \\ ilson Groves is a mixed use development encompassing 2,500 acres and is part of the southwest annexation area of the City of Port Si, Lucie. Land Design South prepared and represented both the Comprehensive Plan Amendment and the llevelopmcm of Regional Impact (DRI) fir the project. This nosed itse development includes retail, office, institutional and single and multifarridy residential uses. The proposed development also included a 125 acre industrial park.:lppro� aI o17 these applications required tremendous amount of discussions and work with city staff as well a the surrounding property owners. City of Vero Beach Continuing Services Contract for Land Plannin Land Design South currently has a Continuing Service Contraer for Land Planning with the CltN' of Vcro Belch. Pro{ects perfortmcd under this contract include preparation of a Downtown _-action Plan for the N-Iain Street commercial corridor, Neighborhood Plan: for communities surrounding the commercial corridor, and Parking Anaiysis/ Management Strategies for Ocean Drive/Cardinal Drive District. Florida Department of Transportation Land Design South has spearheaded several text amcndmctirs for ;Martin County and the Cities of Holh,�vood, \X�'cst Park and 1,41ramar. Working on behalf of the Florida Department of Transporration, our firm drafted test amendments to the ComprchenslVe Plan and Land Development Codes of these municipalities. The goal of these amendments was to provide a Bradley J. Currie, AICP Principal Education: Florida Adantic Ln1versi1) ALtrlerof UrNin and Region_!' l'lut�tiitti !Land Development L-mphasis;l Old Dominion Universin Ba,-heloroi S_ter,;•,, eit C eq,,raf:li Itirban Planning Emphasi Professional Affiliations: Certified Planter American Instittue of Certified Planners Member of the _American Planning Associ;ttion mechanism to cure non-confortnirics created by governmental acquisition of private property' due to a road widening projects. The implcmcntaiion of these policies tmirigarcs die impact of a transportation project to a specific property and allows cominuarion of a business. _Additional benefits incluele enhancement of the municipality's aesthetic characteristics and preservation of traffic and pedestrian safety- standards. tat DESIGTV war.-�• .. SOUTH ,�,t St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: PE ER v L 6EAJ 3. Home Phone: 7 %a - 9 7 q " Cell Phone: 7 7d _ Work Phone: _ 4. Home Address: I I 0 1 S " � � ,��'i � � yS p 5. Email Address: f d eI t' Al i- `1 G f>snt) 6. Which commission district do you live in? D) S yo 7. Business/Occupation roAlo C bl v t 8. Business address: /7,'Mf 0f j 1(L' 9. Brief resume of education & experience: (Please attach resume) C tj EL 0f eh IIAT1 �i2 yr) I N tf/'ST�1 rt NY ��9i"��,r��H, � l,�et l J'l�I�cR i i1 hL�/CAIs, O/V P ,7pljAp 10. Do you currently serve on a county committee(s)? If so, please list: /U 0 11. Why do you think you are qualified to serve on the committee(s) indicated? EXTCi11f [vN F�(� �t�NCC �� J'1�,t iit�G d Zi1�t/�i� Ctikllk r //� L �vyiv� NNE y Sly►, /yr / �l SIZl t-iFff 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) 13. Comments: 6�— '0" SIGNATURE: 6,e;�"�,� DATE: St Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: It Affordable Housing Advisory Committee tt Airport Master Plan Technical Advisory Committee tt Art In Public Places Committee tx Board of Adjustments U Citizen's Budget Committee tt Code Enforcement Board tt Community Development Block Grant Citizen's Advisory Task Force tt Comprehensive Economic Development Strategy tt Contractors Certification Board 33 Early Learning Coalition SLC tt Emergency Medical Services Advisory Council tt Environmental Advisory Committee tt Fort Pierce Harbor Advisory Committee tt Historical Commission Lt Housing Finance Authority 13 Investment Committee tt Land Acquisition & Selection Committee tt Libra Adviso Boar Planning & Zonin Commission tt Public afety Coordinating Council t; Recreation Advisory Board t; Restudy Coordination Committee 33 Smart Growth Advisory Committee It Sustainability Advisory Committee 33 Tourist Development Council tt Treasure Coast Education & Research Development Authority (TCERDA) 13 Treasure Coast Health Council, Inc. tt Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 701 FOUNTY L O R 1 D A St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. zfw/1/C,7 2. Name:-$1/I27 A4 3. Home Phone: 77z .�t6 ? 4,5 74 Cell Phone: Work Phone: 4. Home Address: 7j24 ,C�/,� �¢ 5. Email Address: 0AeD1A/i—,:7" .l- L49- N.E=T 6. Which commission district do you live in? 'DJS roO40--r- / 7. Business/Occupation , ;,2 AACD I(F 6d„ ��! _ Cz,)Al2"-A 2 8. Business address: 9. Brief resume of education & experience: (Please attach resume) 10. Do you currently serve on a county committee(s)? If so, please list: /YU 11. Why do you think you are qualified to serve on the committee(s) indicated? PLC- -/-Z� .2.�.sc-•-e€ 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) yzan s � 13. Comments: �,Q _ /� ^ /% � SIGNATURE: DATE: St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: '4/ i7 Affordable Housing Advisory Committee :3 Airport Master Plan Technical Advisory Committee P Art In Public Places Committee Li Board of Adjustments tl Citizen's Budget Committee tl Code Enforcement Board ti Community Development Block Grant Citizen's Advisory Task Force n Comprehensive Economic Development Strategy 11 Contractors Certification Board Xl Early Leaming Coalition SLC * Emergency Medical Services Advisory Council tl Environmental Advisory Committee 11 Fort Pierce Harbor Advisory Committee f] Historical Commission U Housing Finance Authority tl Investment Committee Ll Land Acquisition & Selection Committee 33 Library Advisory Board Planning & Zoning Commission ti Public Safety Coordinating Council 13 Recreation Advisory Board t] Restudy Coordination Committee 2 t1l Smart Growth Advisory Committee ty Sustainability Advisory Committee tl Tourist Development Council • Treasure Coast Education & Research Development Authority (TCERDA) • Treasure Coast Health Council, Inc. tl Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 April 29,2010 I would like to be considered for the BOCC Planning/Zoning advisory committee. Although my postal address shows Port St. Lucie, I am a long time resident of PGA Village which is located in Saint Lucie County. I currently serve as Chairperson of the Architectural Review Committee for this community of 2,550 residences. My resume is appended. David Deinard, AIA Emeritus DAVID NATHANIEL DEINARD 7329 Reserve Creek Drive Port St. Lucie, FL 34986 5614894374 PERSONAL: Born - July 24, 1936 Married to J. Lynn Cormack; grown children, Jonathan, Allison Military Service - U.S. Army Psychological Warfare of Sewall's Point; building family home there in 1977 18 year resident EDUCATION: Undergraduate: Yale University University of Minnesota 1964 Professional Architecture degree - granted University of Maryland MBA - Finance Major - granted 1976 PROFESSIONAL EXPERIENCE AND MAJOR ACCOMPLISHMENTS: DEINARD & GULICK CONSTRUCTION COMPANY, INC- 1994 to 1999 Constructed upper bracket residences and commercial projects throughout the Treasure Coast. 1988 to 1994 DAVID N. DEINARD, ARCHITECTS, Stuart, FL Member American Institute of Architects MASTERPIECE HOMES of the TREASURE COAST vice President, GOVERNOR, YALE CLUB OF THE TREASURE COAST Alumni Schools Committee INDIAN RIVER COMMUNITY COLLEGE Member, Drafting Design Technology Advisory Committee TREASURE COAST BUILDERS ASSOCIATION Member, Joint Committee for Hurricane Standards 1977 to 1988 HERRLIN-DEINARD DEVELOPMENT COMPANY, STUART Herrlin-Deinard was founded by Karl Herrlin in the mid -fifties. Over the next two decades, Karl constucted many of the Treasure Coast's most luxurious custom residences as well as a number of commercial structures. In 1977, I joined Karl, creating a new blend of talents unique to the Treasure Coast, and assuring creativity and consistent project management from inception to completion. We featured design/build projects; carefully completed with our own crafts- men. We were the most active architect/builder at both Sailfish Point and Piper's landing; and constructed many homes in Sewall's Point, Mariner Sands, The Yacht & Country Club of Stuart, Jupiter Island, and others. These homes ranged in price from $200,000 to well into the millions. We also built multi -family, commercial and public buildings with the same dedication to the principles upon which the Company was founded. 1975 to 1976 UNIVERSITY OF MARYLAND, COLLEGE PARK, MARYLAND I completed full time study and was granted a Master's Degree in Finance. I taught undergraduates at the University during this interval. 1973 to 1975 URBAN SYSTEMS DEVELOPMENT CORPORATION, SOUTH FIELD,' MICHIGAN (Wholly -Owned Subsidiary of Westinghouse Electric Corp.) Midwest Regional Manager _ Management responsibility for office in Southfield controlled projects in various stages of planning, construction and sales throughout the Midwest: Approximately 40 employees bracketing marketing, design, construction, sales and financial skills reported to me through the. Region's structure as a profit center. 1969 to 1973 URBAN -PLANNERS, INC. (Wholly -Owned Subsidiary of Westinghouse Electric Corp.) ARLINGTON, VIRGINIA Vice President and General Manager. This position entailed overall direction of-UPI's growth from a small headquarters -staff to 33 professionals in three offices; a planning capability and a variety of finished developments across the country. These include conventionally financed planned unit developments, federally assisted housing,- militarydependent housing and limited commercial Work for outside.clientele:. I had complete_,responsibility for:all budgets, 'profif plans, and operational performance.. Annual billing exceeded $1,400,000. During the years.1969-1973, plans were developed under my direction for 3,500 housing units. PROFESSIONAL CREDENTIALS: . . Certified to practice architecture in the states of: Florida Minnesota Virginia Maryland Georgia North Carolina Missouri New.Jersey Michigan District of Columbia Certified by the National_ Council of Architectural Registration Boards. Licensed General' Contractor in the State of Florida. Formerly licensed General. Contractor in the State of Michigan . CONTINUING EDUCATION- 1 987 to Present 18 credit hours in Computer. Technology & Application- (Indian River Community College)- Prior to 1987 AIA Professional Development Programs;; various programs -resulting in Continuing Educa . tional Units (CEU's). "Management Functions and Policies" (Westinghouse Learning Corp-) "Management Techniques for -Management Personnel" (Westinghouse Learning Corp.) "Real Estate Fundamentals" (Institute of Real Estate Management) "Managing New Building Projects" (Advanced Management Research) 'The Effective Executive" (T. Drucker) "PIE.-R.T. = G.P.M." "Project Cost Control" (University of Wisconsin), COUNTY F L O R I D A St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: 11OW a r V f" _ I '1 Phone: 9 S 4/ '. 1i 7 3. Home address: 14YCQ SZ- SQee.io Ou e 9 s 4. Which commission district do you live in? LJO �- 6-; n : s . I 5. Business/Occupation 6. Business address:�� 3;4Y y 7. Brief resume of education & experience: (Please attach resume) (rn r ✓1Cu'/', it F %G�GC. (�(n �\ V o T s0l� dC G. /i93 To c�rrz,,7 r-, ro ..f /n✓es c� -� �4f�O+"� �bIE ' o ,Jr;'l /Je,-r or-4 opt 8. Do you currently serve on a county committee(s)? If so, please list: A,16) 9. W_hyI do you think you are qualified to serve on the coTnittee(s) indicateA? ..� jn.��e c. Ie�1�n•Go,.] bti�k r'0,.,�n.���5;%1eN �t1-!n ��cTs��t/ �iC�e-'e�'Ice Coln he 4"jckl Aa)P p4.� Cc9m✓hl1r�, fy 10. Would you consider serving on another board other than the one(s) stated above? (Please specify) 11. Comments: St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: —n Attainable/AffordableMorkforce Housing Task Force • Beach Preservation Task Force • Bicycle/Pedestrian Advisory Committee 33 Board of Adjustment tY Central Florida Foreign -Trade Zone, Inc. 33 Children's Services Council it Citizen's Budget Development Committee tt Code Enforcement Board --�' d Community Development Block Grant Citizen's Advisory Task Force (CDBG) tt Comprehensive Economic Development Strategy (CEDS) ..--- 12 Contractors Certification Board tY Cultural Affairs Council n Early Leaming Coalition of St. Lucie County p Emergency Medical Services Advisory Council n Environmental Advisory Committee 33 Environmental Hearing Board a Fort Pierce Harbor Advisory Committee tY Historic Preservation Committee t7 Historical Commission U Housing Finance Authority —33 Investment Committee 11:1 Library Advisory Board .----tt Planning & Zoning Commission/Local Planning Agency LI Recreation Advisory Board 13 Restudy Coordination Committee n Smart Growth Advisory Ad Hoc Committee 11 Sustainability Ad Hoc Committee is Tourist Development Council 33 Transfer of Development Rights (TDR) Advisory Ad Hoc Committee =3 Treasure Coast Education & Research Development Authority 33 Treasure Coast Health Council, Inc. APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. Planning and Zoning Board 2. Name: Larry Thomas Hall 3. Home Phone: Cell Phone: 863-673-3232 Work Phone: 772-460-2220 4. Home Address: 332 Hernando Street, Unit 1, Ft Pierce, Fla. 34949 5. Email Address: Ihall(a1stpeoplesbank.com or hcountrybanker(aD-hotmail.com 6. Which commission district do you live in? 5 7. Business/Occupation Banker 8. Business address: 2500 Virginia Ave, Ft Pierce, Fla. 34981 9. Brief resume of education & experience: (Please attach resume) See attached Resume 10. Do you currently serve on a county committee(s)? If so, please list: No 11. Why do you think you are qualified to serve on the committee(s) indicated? I have a strong educational background combined with a wealth of experience in both business and service to the public sector. 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) Code Enforcement Board or Board of Adjustments 13. Comments: I have been either a part time or full time resident of St Lucie County since 1980 and have owned property both commercial and residential during the majority of these years. I am currently a full time resident of the county working with First Peoples Bank along with my wife who is a counselor with Treasure Coast Hospice. I desire to serve the pubic sector to help the county achieve its maximum potential and feel I have the education, background and experience to be a valuable member of a county board. SIGNATUR DATE: November 17, 7010 St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: • Affordable Housing Advisory Committee • Airport Master Plan Technical Advisory Committee • Art In Public Places Committee • Board of Adjustments • Citizen's Budget Committee • Code Enforcement Board • Community Development Block Grant Citizen's Advisory Task Force • Comprehensive Economic Development Strategy • Contractors Certification Board • Early Learning Coalition SLC • Emergency Medical Services Advisory Council • Environmental Advisory Committee • Fort Pierce Harbor Advisory Committee • Historical Commission • Housing Finance Authority • Investment Committee • Land Acquisition & Selection Committee • Library Advisory Board • Planning & Zoning Commission • Public Safety Coordinating Council • Recreation Advisory Board • Restudy Coordination Committee • Smart Growth Advisory Committee • Sustainability Advisory Committee • Tourist Development Council • Treasure Coast Education & Research Development Authority (TCERDA) • Treasure Coast Health Council, Inc. • Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Larry Thomas Hall 332 Hernando Street, Unit 1 Ft. Pierce, Florida 34949 772-460-2220 Office 863-673-3232 Cell OBJECTIVE: Utilize my education, background and vast and varied experience to assist St. Lucie County, Florida in developing and implementing sustainable and affordable growth planning. EDUCATION: University of Florida, Gainesville, Florida Bachelor of Science — Business Administration Finance Major PROFESSIONAL DEVELOPMENT: L.S.U. School of Banking of the South at Baton Rouge, Louisiana, a 3 year program specializing in specific banking and management skills. Graduated in 1971 L.S.U. School of Banking of the South at Baton Rouge, Louisiana, Senior Bank Management Conference - 1977 Awarded the designation of Certified Lender — Business Banking by the Institute of Certified Bankers in 1994. BANKING EXPERIENCE FOR 16 PRIOR YEARS: First Peoples Bank Ft. Pierce and Vero Beach Offices Vice President/Commercial Lender February 2010 — Present Was hired to manage a commercial loan portfolio of approximately $55 million dollars which had over 20% problem loans in February 2010 with the majority now having been resolved with zero 30 day past dues for the prior two quarters. Now focusing on growing the loan portfolio which will support job creation and economic growth in the area. Florida Communityank Immokalee, Florida President of Special Assets Division March 2008 — January 2010 Area President for Hendry County August 1998 — March 2008 Served as President of the Special Assets Division for a nine hundred million dollar bank which department I was asked to organize in March 2008. Developed procedures, hired staff, organized department functions for centralizing all litigation, management and sale of foreclosed real estate (OREO) with oversight over attorneys representing the bank in all legal action including bankruptcy defenses and deficiency judgments. Litigation volume grew from approximately $60 million dollars at inception to over $230 million dollars with Other Real Estate Owned (OREO) of over $80 million dollars. Primary focus included serving as president of four wholly owned operating subsidiaries and as president of four condominium associations. These four entities involved the completion of construction, ongoing maintenance and sale of over 450 residential and marina condominium units which included a gourmet food /convenience store/gas station. Sold over 300 condo units at retail within 8 months of inception of new marketing program. In addition this position supervised a Facilities Manager who was responsible for maintaining 13 branch facilities and all OREO properties. Previously was Area President for Hendry County (formerly Hendry County Bank), which had deposits of $110 million and loans of $177 million. Personal loan production averaged over $100 million per year consisting primarily of short term commercial real estate, acquisition and development loans Including the SBA 504 loan program. Assumed this job within one year of bank being acquired by Florida Community Bank. Also served on the Asset Liability Committee, Loan Committee, Risk and Insurance Committee, and Executive Management Committee of Florida Community Bank. Was responsible for complete renovation of the LaBelle Office and for designing, bidding and supervising construction of a bank owned seven and one half acre commercial business condominium subdivision including a three story second branch office on SR 80 in East Lee County which opened in December 2007. Independent Bankers' Bank of Florida Orlando, Florida Vice President — Credit Services Group October 1996 — August 1998 Calling officer primarily focusing on developing loan participations originated by community banks as well as direct loans to bank holding companies, bank directors, and officers of those banks. Responsible for originating, analyzing, developing participation partners and servicing these loans. Assisted in adding over $15 million net growth to the portfolio in 1997. Additional duties include selling other bank products and developing other banking service relationships with respondent banks. Responsible for over 125 banks in the northern two thirds of the state of Florida. Farmers and Dealers Bank Lake Butler — Gainesville, Florida Senior Vice President — Senior Loan Officer February 1993 — Sept 1996 Responsible for supervision of all lending functions of the bank including credit administration, compliance and business development, while producing over 60% of the loan volume. Developed Loan Policies and Procedures Manual, loan products including SBA and RECD Guaranteed Loans, and pricing formulas. Hired and trained new lenders in the commercial and real estate loan areas while managing a personal portfolio of over $15 million dollars. Reduced past due problem loans by 89% (from $1.0 million to $.15 million). Increased net loan outstandings by over 84% (from $13.0 million to $23.9 million). Helped guide bank to Camel 1 ratings (State, FDIC, and Compliance). Expanded loan production in the Alachua County market by over $12 million dollars and established a mortgage lending department producing over $1.5 million per month with one originator. Located and negotiated purchase of an existing branch bank building and supervised its refurbishing and opening. The deposits of this new branch were in excess of $5 million dollars within one year. OTHER BANKING EXPEREINCE: American Bank of the South: Merritt Island, Florida Vice President — Senior Loan Officer March 1992 — February 1993 Peoples Bank of Brevard (in organization) Rockledge, Florida Director/President/CEO 1990 —1991 Southeast National Bank of Cocoa 1976 —1978 Director/President/CEO Southeast Bank of Sebastian Sebastian, Florida Director/President/CEO 1970 — 1976 Indian River Citrus Bank Vero Beach, Florida Vice President/New Bank Development 1969 —1970 *All three banks were."same employer" due to common ownership, affiliation, and/or purchase by Southeast Bank. OTHER PROFESSIONAL WORK EXPERIENCE Associates Realty of Indian River, Inc. 1978 — 1980 Co-founder/owner of an ERA real estate office in Indian River County, Florida. Built an organization of sales associates that handled all real estate services including listings, sales, and property management. My specialty was in commercial real estate sales and property management. High Point Resort Development, Inc. 1981 —1985 Co-founder/owner/developer of a 112 unit time share resort in Osceola County, Florida. This resort was developed and sold out within 3 years from start of construction. Had sole responsibility for working with engineers, architects, and sub -contractors from purchase of land, zoning, permitting, construction from inception thru final sell out which included managing the condo association, rental program and all interior, exterior and landscape maintenance. The resort was awarded the highest award by Interval International for three successive years. Fat Boys Bar-B-Que of Okeechobee, Inc. 1985 —1989 Co-owner of Fat Boy's BBQ in Okeechobee. Purchased franchise, acquired land, worked with engineer, architect, and contractor for construction of a restaurant. Co -managed the restaurant for 4 years with partner before selling 50% interest and returning to banking. PROFESSIONAL ORGANIZATION MEMBERSHIPS Florida Banker's Association Educational Committee Past president and current committee member PROFESSIONAL LICENSE: Florida Real Estate Broker Florida Certified General Contractor, In -active Florida Mortgage Broker, In -active PAST COMMUNITY INVOLVMENT: Hendry County Long Range Transportation Committee, Chairman Hendry County Enterprise Zone Committee, Member Hendry County Attorney Search Committee, Member City of LaBelle Code Review Board, Member Palm Beach Boulevard Improvement Special Taxing District, Member Hendry County Property Value Adjustment Board, Member Citizen's Highway Initiative Program (CHIP) President CIVIC AND SOCIAL INVOLVEMENT: Alpha Gamma Rho Fraternity, Brother Alpha Kappa Psi Business Fraternity, Life Member Ft. Pierce Rotary Club, Member LaBelle Rotary Club, Former Member Indian River Chamber of Commerce, Member St. Lucie Chamber of Commerce, Member COUNTY F L O R I St Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: P M e /a J P/G m m e r- 3. Home Phone: 774 - `f 66 - 4 ya 6 Cell Phone: 77 a - 0 95- 5Y5 y Work Phone: 4. Home Address: 76 7J ehGr/eS-/on 5. Email Address: P 0 rr h A Y" m e r 10/ 19 a c,1 • c pn-- & Which commission district do you live in? Li 7. Business/Occupation Refete d Jot e k � CAO-nonpra 11*C t CtlGell 8. Business address: 9. Brief resume of education & experience: (Please attach resume) 10. Do you currently serve on a county committee(s)? If so, please list: nn �ppo,"n4ce OP (�ornr►ir'>Sioncr Coward �o Poo n rn, n9 Gino Zan i n Jo Boa rod 11. Why do you think you are qualified to serve on the committee(s) indicated? J c e r- e .su rv1 Pi RECEIVED NOV 12 7010 CO. ADMINISTRATION PAMELA HAMMER 7672 Charleston Way ♦ Port St. Lucie, Fla. 34986 ♦ (772) 466-6926 ♦pamhammerfl@aol.com OBJECTIVE Appointment to an "at large" position on the St. Lucie County Planning and Zoning Commission. PROFILE Broad and diverse career experiences and comprehensive local community involvement. Two college degrees. Possess key attributes necessary to succeed: outstanding work ethic, organizing skills, volunteer experiences, and community relationships. Committed to dedicating the time and expertise required of a Planning & Zoning Commission member. Superior attendance record over past six years. Extensive knowledge of the proposed changes to Chapters 10, 11, and 12 of the Land Development Code. SKILLS SUMMARY ♦ Thorough research and ♦ Organized ♦ Work ethic that demands evaluation skills ♦ Reliable complete preparation for ♦ Detail oriented ♦ Trustworthy P&Z meetings PROFESSIONAL EXPERIENCE COMMUNITY ♦ St. Lucie County Planning and Zoning Commission — 6 years Doug Coward's appointee ♦ Member PGA Village POA Board of Directors, 2DD7 to present_ ♦ PGA POA Legal Committee Chairperson and Landscaping Committee Chairperson POLITICAL CAREER — AS AN ELECTED OFFICIAL IN NJ FROM 1991 TO 1997 ♦ Participated in mufti -million -dollar budget preparationlreview for town of 26,000 ♦ Liaison for senior citizen services including transportation, housing, government programs ♦ LiaisorJnegotiator for employee and vendor contract negotiations ♦ Director with oversight responsibilities for Parks and Recreation, planning athletic facilities ♦ Township Planning Board ♦ Infrastructure review ♦ Trash removal/recycling programs • Environmental Advisory Board ♦ Emergency Management Public Information Officer ♦ Negotiations of major tax appeals and settlements TEACHING CAREER ♦ Elementary school teacher for 13 years ♦ Wrote Title I Remedial Mathematics Program for school district ♦ Textbook reviewer for Houghton Mifflin publishing company ♦ President, local and county teachers' association ♦ Organized and taught classes at three different schools each week EMPLOYMENT HISTORY Voorhees Township, N.J. Mayor 1991 to 1996, Committee member 1990-1997 South Butler Co. School District Saxonburg, PA: Elementary and Remedial Title 1 Mathematics grades 2 — 6 1973 to 1985 EDUCATION Masters Degree in Elementary Education — (Mathematics) B. S. in Elementary Education (Mathematics concentration) Z-d 9Z69-99b-ZLL 213AAdH dC5:Z6 06 ZI• AoN 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) Mc)] 4harik yL� 13. Comments: SIGNATURE: DATE: !/ - 9-/0 St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: It Affordable Housing Advisory Committee II Airport Master Plan Technical Advisory Committee it Art In Public Places Committee 11 Board of Adjustments tt Citizen's Budget Committee 13 Code Enforcement Board tt Community Development Block Grant citizen's Advisory Task Force i* Comprehensive Economic Development Strategy ZI Contractors Certification Board t* Early Learning Coalition SLC 12 Emergency Medical Services Advisory Council 1Z Environmental Advisory Committee tt Fort Pierce Harbor Advisory Committee Xi Historical Commission U Housing Finance Authority LI investment Committee 13 Land Acquisition & Selection Committee U Library Advisory Board —Planning & Zoning Commission U Public Safety Coordinating Council Zi Recreation Advisory Board tt Restudy Coordination Committee 13 Smart Growth Advisory Committee U Sustainability Advisory Committee rt Tourist Development Council it Treasure Coast Education & Research Development Authority (TCERDA) iI Treasure Coast Health Council, Inc, tt Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submitto: St. Lucie County Administrator's Office, Missy Sbadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 MAY-03-201O 1O:53AM FROM-LOWES INTERNATIONAL REALTY PLUS INC +TT24ST6535 T-555 P-002 F-600 9. Why do you think you are qualified to serve on the committee(s) indicated? See Resume 10. Would you consider serving on another board other than the one(s) stated above? (Please specify) Yes 11 Comments: I have served well in my community for over 25 years in many different areas. Served as President of New Horizons Board and President of Realtors Association of St. Lucie County St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: U Attainable/Affordable/Workforce Housing Task Force 13 Beach Preservation Task Force xt Bicycle/Pedestrian Advisory Committee zi Board of Adjustment zI Central Florida Foreign -Trade Zone, Inc. zi Children's Services Council tt Citizen's Budget Development Committee S Code Enforcement Board z= Community Development Block Grant Citizen's Advisory Task Force (CDBG) ,*lk QW— Comprehensive Economic Development Strategy (CEDS) 12 Contractors Certification Board II Cultural Affairs Council U Early Learning Coalition of St. Lucie County t! Emergency Medical Services Advisory Council zI Environmental Advisory Committee St Environmental Hearing Board �;2,(# Fort Pierce Harbor Advisory Committee zt Historic Preservation Committee U Historical Commission (35> Housing Finance Authority U Investment Committee zt Library Advisory Board Planning & Zoning Commission/Local Planning Agency 33 Recreation Advisory Board 12 Restudy Coordination Committee U Smart Growth Advisory Ad Hoc Committee II Sustainabiliity Ad Hoc Committee MAY-03-2010 10:53AM FROM-LOWES INTERNATIONAL REALTY PLUS INC +7724676535 T-555 P-003/007 F-600 tx Transfer of Development Rights (TDR) Advisory Ad Hoc Committee II Treasure Coast Education & Research Development Authority 33 Treasure Coast Health Council, Inc. 11 Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 MAY-03-2010 10:53AM FROWLOWES INTERNATIONAL REALTY PLUS INC +7724676535 T-555 P.004/007 F-600 Resume of Robert J .Lowe President owner/broker of following companies; Broker for Lowe's International Realty Plus Inc_ Broker for Lowe Realty Corporation Owner of International Realty Plus of Florida Franchises Licensed Mortgage Broker in Florida Licensed Commercial Broker in North Carolina 2005 Offices held: District 3 Vice President for Florida Association of Realtors for 2005 President of Regional MLS for 2005 Faculty Development subcommittee for FAR Convention Committee for FAR International Operations Committee for FAR Professional Development Committee for FAR FAR Board of Directors 2006 FAR Offices Held Vice Chair of the Insurance Subcommittee for FAR Finance committee for FAR Public Policy for FAR Nominating Committee for FAR Building Subcommittee for FAR Member 2006 Nominating committee for FAR 2007 FAR Offices Held FAR Public Policy Director Member FAR Honor Society 7. Year 2008 Offices Held FAR Nominating Committee Member Member FAR Public Policy Member FAR Honor Society 8 year member NAR Presidents Liaison to Belize 2009 Appointments by FAR Vice Chair of International Operations for FAR NAR Presidents Liaison to Belize FAR Insurance Subcommittee Member 2009 Local Board Appointments Chair of Governmental Affairs MAY-03-2010 10:53AM FROM-LOWES INTERNATIONAL REALTY PLUS INC +7724676535 T-555 P.005/007 F-600 2010 Appointments Chairman of Florida Association of Realtors International Operations Member of Florida Association of Realtors Insurance subcommittee Appointed by the National Association of Realtors as President's Liaison to Belize Political assignments held: Key Contact for Senator Ken Pruitt for two years for FAR Member special advisory eomnuttee for Congressman Mark Foley Past offices held: President of the Realtors Association of St.Lucie County 2003 Secretary /Treasurer of the Indian River County Board of Realtors NAR Director Director St..Lueie County Chamber of Commerce Director Regional MLS Past President of New Horizons of the Treasure Coast Past Director of Safe Space Director of FAR Past Director Savannas Hospital Director of St.Lucie County Tourist Development Council Past Member Board of St.Lucie County Historical Society Member of International Council of St. Lucie County Association of Realtors Director HRS District S Board for The State of Florida Director State of Florida Managed Care Ombudsman Committee in WPB Other Memberships: Member Realtors Association of St.Lucie County Member Realtors Association of Indian River County Past Member Okeechobee County Board of Realtors CIPS Member FIB ACI Member WCR Member Honor Society Florida Association of Realtors Director of Regional MIS 2006 Clubs and Lodges Vero Beach yacht Club Elks Lodge 1520 30 year member American Lesion Post 40 12 year member Additional items of community service: Started first Habitat for Humanity Home for the Realtors Association of St Lucie County Donated $ 5000.00 to New Horizons in July 2005 for its campaign to raise funds to build a new children's wing. Donated $ 1000.00 to the Realtors Association of SG Lucie County to build the Ken and Eileen Pruitt Educational Center at the board office. Donated 200 turkeys for Thanksgiving by Realtors Association of St.Lucie County MAY-03-2010 10:54AM1 FROM-LOWES INTERNATIONAL REALTY PLUS INC +TT246T6535 T-555 P.006/00T F-600 Held an essay contest for middle school students while president of the board called Why I Am Proud To Be An American and awarded $ 1000.00 in scholarship money In July Bob and his wife Sharon donated funds to the Indian River Community College Foundation for the new Knight Center for Emerging Technologies and had the Cyber Caf6 named the Robert and Sharon Lowe Cyber Cafe in the new center in honor of their donation_ Bob donated $ 5000_00 to FAR for its RPAC fund and became a Golden R Member in 2005 Lowe's International Realty Plus Inc. in 2005 has held a food drive, a blood drive, toy drive and a drive to raise items for the soldiers in IRAQ. Lowe's International Realty Plus sponsored a cancer walk in October for its agents and the American Cancer Society_ Bob Lowe and Lowe's International Realty Plus has always been there when called upon by the Realtors Association of SL Lucie County. On January 14,2006 Robert Lowe was named Realtor Of The Year for the Realtors association of St. Lucie County for 2005 In 2004 Bob Lowe was named Humanitarian of the Year by the Realtors Association of St -Lucie County. Bob is married to Sharon Lowe for 29 years and has 4 children, MAY-03-2010 10:54AM FROM-LOWES INTERNATIONAL REALTY PLUS INC +7724676535 T-555 P.007/007 F-600 jg� - A; LOWES INTERNATIONAL REALTY PLUS, INC. Robert J. Lowe, CIPS / Broker 2901 N. Hwy. AIA • N. Hutchinson Island, FL 34949, USA Phone: (772) 467-6500 • Fax: (772) 467-6535 www.lowesinternationalrealtyplus.com Email: c271owe@aol.com REALTOR(y RESIDENTIAL • COMMERCIAL • AUCTION - PROPERTY MANAGEMENT M se "YW „ d 16 to 6C tft 6490tn Nov 02 10 10:49a ROBERT ONERL 772-595-5852 P.1 COUNTY:. F; 1, .0 R' 1 o A St. Lucie County N` ^� Board of County Commissioners CE,I,yl Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident Must not be related to a County Commissioners or County employee involved with the committee of interest. Must not be employed by the same business entity as other committee members. Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements: please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1, Please indicate the committee(s) you are interested in. See the list below. 2. Name: A- 1 0 ec,.1 3. Home Phone: Cell Phone: Work Phone: -))D S 4, Home Address: 'ate w ;1 A. O Rc,A�� �oz� Prcr--u, �f�S 5. Email Address: 120 �nc fin; elC2v,, °i ; J ; N�! . L)'v1 6. Which commission district do you live in? 7. Business/Occupabon 8. Business address, V.7,td ©�U 1-ia•,�'� �U� �1�=�- ��tl�`b� 9. Brief resume of education & experience: (Please attach resume) f\A u Scc+)�a �f,. CL. CAi�GS��;, �r. 10. Do you currently serve on a county committee(s)? If so, please list: NO 11. Why do you think you are qualified to serve on the committee(s) indicated? yr c, �� n;�:� � A 1J A{,v �. � ��. �_�v �.d '�;v �cx�� �w,cc.�j � � ���►�t �11,i C;L.;1da aru �w°�z VQ fie.✓ esdl,.tii 0 3c� Nov 02 10 10:49a ROBERT ONEAL 772-595-5852 p.2 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) NO 13. Comments- SIGNATURE - DATE: St. Lucie CountyAdvisory Boards and Committee Citizen Aippointments Available Please check the committees you are interested in. tt Affordable Housing Advisory Committee 11 Airport Master Plan Technical Advisory Committee U Art In Public Places Committee tt Board of Adjustments 33 Citizen's Budget Committee 13 Code Enforcement Board tt Community Development Block Grant Citizen's Advisory Task Force u Comprehensive Economic Development Strategy U Contractors Certification Board t; Early Leaming Coalition SLC tt Emergency Medical Services Advisory Council 13 Environmental Advisory Committee ti Fort Pierce Harbor Advisory Committee tt Historical Commission A Housing Finance Authority U Investment Committee tt La d Acquisition & Selection Committee 1i rary Advisory Board Planning & Zoning Commission U Public Safety Coordinating Council tt Recreation Advisory Board U Restudy Coordination Committee rI Smart Growth Advisory Committee II Sustainability Advisory Committee tI Tourist Development Council 17 Treasure Coast Education & Research Development Authority (TCERDA) U Treasure Coast Health Council, Inc- = Value Adjustmont Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 11/09/2010 12:47 FAX 1 001/004 EC-EIVED IN, rV 0 9 i. St. Lucie County CO.DMINISTR _110N Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: AtZIF FIPETErl PARUPIA 3. Home Phone: 772-672-4067 Cell Phone: 772-370-7573 Work Phone: 772-672-4067 4. Home Address: 10850 Kimberfyld Lane Port St. Lucie,Fl 34986 5. Email Address; aparupia@att.net 6. Which commission district do you live in? ,Four (4) 7. Business/Occupation Self Employeed Court Mediator and Managing -Real -Estate 8. Business address: 529 NW Prima Vista Blvd. Port St. Lucie, Fl 34993 9. Brief resume of education & experience: (Please attach resume) SEE ATTACHED 10. Do you currently serve on a county committee(s)? If so, please list: NO 11. Why do you think you are qualified to serve on the committee(s) indicated? ;4My work experience and previouslyserving on Code enfordement qualify.. 11/09/2010 12:47 FAX IM 002/004 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) My first prefrence is Code Enforcement Board, However I have Chechdd:out other boxes as a secondary choises. 13. Comments: I feel very confident that with my previous experience'`f will bettei serve on Code Enforcment Board. SIGNATURE; �.:....::.:,.:. DATE: 1/:.::?c9/: St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: ri Affordable Housing Advisory Committee t1 Airport Master Plan Technical Advisory Committee L! Art In Public Places Committee t1 Board of Adjustments tz Citizen's Budget Committee Code Enforcement Board Community Development Block Grant Citizen's Advisory Task Force III Comprehensive Economic Development Strategy' tContractors Certification Board l Early Learning Coalition SLC 33 Emergency Medical Services Advisory Council It Environmental Advisory Committee 12 Fort Pierce Harbor Advisory Committee t3 Historical Commission Lt Housing Finance Authority tt Investment Committee it Land Acquisition & Selection Committee U Library Advisory Board Planning & Zoning Commission Public Safety Coordinating Council 12 Recreation Advisory Board Li Restudy Coordination Committee II Smart Growth Advisory Committee A Sustainability Advisory Committee tt Tourist Development Council tz Treasure Coast Education & Research Development Authority (TCERDA) Treasure Coast Health Council, Inc. Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 (AXI.�q)q&1-,q131 2 11/09/2010 12:47 FAX Q 003/004 RESUME ARIF "PETE" PARUPIA 10850 KIMBERFYLD LANE PORT ST. LUCIE, FL34986 772-370-7S73 FAX 772-672-4067 Email: aparupia@att.net EXPERIENCE Self employed I am a Certified Florida Supreme Court Appointed Civil Mediator and working toward getting my Circuit Court appointment. Also, I manage several Commercial, Retails, Warehouses and residential Rentals, Leasing and managing all of the above properties including the accounting functions. LANDTECH TITLE SERVICES, INC. (3/01-4/09) Co- Owner and Vice President of full service Title Insurance Company. I am a Licensed Title Insurer with the state of Florida, Oversee operations, marketing and Realtors, Builders, Investors and consumers for their title Insurance needs. FIDELITY NATIONAL TITLE INSURANCE COMPANY 2/00-1/03 Employed as a Director of Business Development, I was responsible for locating and opening new operations, recruiting, interviewing and hiring of new employees to staff these offices and marketing and sales. FIRST AMERICAN TITLE INSURANCE COMPANY (12/80-1/00) 1 was President and manager of ST. Lucie County Operations. Managed all county offices, responsible for Management of day to day operations. Reported directly to Regional Manager. Subsidiary of First American title company that showed consistent profitability when the economy was not good. Supervised a staff of 32 employees between 3 offices. Extensive Knowledge of all phases of the title Industry, including closing, title search and examination, marketing and sales and RESPA Regulations. REAL ESTATE DEVELOPMENT Have bought, Sold and developed Real Estate since 1973.Owner of Double A Homes, LLC primarily building spec homes and managing rentals. Owner of several other partnerships primarily related to real estate construction and other related work. EDUCATIN Associate of Science Degree in Business Management 11/09/2010 12:47 FAX Z 004/004 Paralegal Courses Associate in Arts Degree in Marketing Completion of GRI 1 AND GRI @2 Courses from the Real Estate Institute Taken Classes from FAU in financing Real Estate Broker Real Estate Instructor Mortgage Broker Title Insurance Operating License. Florida Supreme Appointed Mediator BUSINESS RELATED DESIGNATIONS AND ACTIVITIES Member of Education Committee for the Board of Realtors Past Member of Chamber of Commerce Port ST. Lucie Police Department Volunteer Past Co Owner of Coastal Floors Past Co Owner of Home Improvement Company Past Vice —President of Kiwanis Club Past Member of City of Port ST. Lucie Code Enforcement Board (5/12/99-8/11/05) Past Member of the Advisory Board of First National Bank of Treasure Coast Past Member of Fidelity Nation Bank n/k/a National City Bank Served on man y other committees in the Community. REFERENCES Robert Minsky, Past Mayer, City of Port ST. Lucie Michael Brown, Sr., Past CEO National City Bank Michael Brown, jr. President OF National City Bank J.Hall Roberts President and owner, Harbor Realty Bill Casey, Executive Vice President of Oculina Bank Jim Child, Accountant in FT. Pierce Captain Scott Bartel, City of Port ST. Lucie Police Department. Linda Bart,Past Vice President of Riverside Bank and City Counsel Woman, City of Port ST. Lucie. Attorney William E. Raikes, FT. Pierce, FL. St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: Cassie Boatwright Reyes 3. Home Phone: Cell Phone: (928) 304-3502 Work Phone: (772) 467-2454 Extension 17105 4. Home Address: 31 W. Harbour Isle Dr. #105, Ft. Pierce, FI 34949 5. Email Address: cassiecelena@yahoo.com 6. Which commission district do you live in? District 5 7. Business/Occupation: Seminole Tribe of Florida, employer/Engineer, by profession 8. Business address: 4150 Okeechobee Rd. Unit E, Ft. Pierce FI, 34947 9. Brief resume of education & experience: (Please attach resume) 10. Do you currently serve on a county committee(s)? If so, please list: No 11. Why do you think you are qualified to serve on the committee(s) indicated? My formalized education as an engineer coupled with my work related experience with school districts as well as Native American tribes in both Administrative and Operations roles, have fused together to give me the balance of knowledge and aptitude. I have been able to bring a common sense approach to my employers and would like to continue that approach to listen and provide insight to the committee I will serve. I have a desire to give back to this beautiful community, and help continue our efforts to make it even better. 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) In an effort to ensure I will be chosen to serve during this year, I have included several choices listed below. I am willing to serve on the maximum of two committees/boards. 13. Comments: I appreciate your time and consideration and I look forward to the opportunity of further discussion. SIGNATURE: DATE: 1\) L41 1 U St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: ti Affordable Housing Advisory Committee Zt Airport Master Plan Technical Advisory Committee tt Art In Public Places Committee 22 Board of Adjustments 12 Citizen's Budget Committee 22 Code Enforcement Board n Community Development Block Grant Citizen's Advisory Task Force # Comprehensive Economic Development Strategy 2nd Choice 21 Contractors Certification Board 12 Early Leaming Coalition SLC it Emergency Medical Services Advisory Council n Environmental Advisory Committee 23 Fort Pierce Harbor Advisory Committee 21 Historical Commission 12 Housing Finance Authority :k Investment Committee 3rd Choice ii Land Acquisition & Selection Committee 51' Choice 21 Library Advisory Board i( Planning & Zoning Commission 15l Chace 23 Public Safety Coordinating Council 23 Recreation Advisory Board it Restudy Coordination Committee h, Smart Growth Advisory Committee 41h Choice 22 Sustainability Advisory Committee 12 Tourist Development Council tI Treasure Coast Education & Research Development Authority (TCERDA) n Treasure Coast Health Council, Inc. 33 Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (T72) 462-1156 2 Yuma Union High School District 3150 South Avenue A Yuma, Arizona 85364 Phone: 928.502.4600 Fax: 928.344,9157 Toni Badone, Superintendent June 15, 2010 c \7v� YUHSD * "Where Great Minds Grow" To Whom It May Concern: "Do not let what you cannot do interfere with what you can do." John Wooden Board of Education Sally Doyle Charlene Fernandez Bruce Gwynn Mary Melchionne Phillip Townsend Cassie Boatwright Reyes makes good things happen. I write this letter on her behalf because I appreciate the remarkable amount and quality of work she has accomplished in our district. Ms. Reyes is extraordinarily calm under pressure, very creative in problem solving and gets along with the most difficult people. She Thele and enjoys llenges. She is aReyes is player and always willing to go the extra miles sound like cl ches, but Ms the prototype for these characteristics. When Ms. Reyes came on board with Yuma Union High School District we were in the middle of four large building projects as the result of passage of a bond iri 2005- The four projects involved four different architects and four different contractors. To further complicate the work of our Facilities Management Department, one of the projects, the Valley Aquatic Center, was a collaborative project with the City of Yuma. Ms. Reyes worked hard to develop positive relationships with all constituents. She studied the financials and blueprints associated with each project on her own time and was able to convey her deep knowledge and understanding of the projects during the work day with all parties. She negotiated with the vendors and kept projects on time and within budgets. When hiccups occurred, as they always do in the building process, she professionally confronted the problems and collaboratively found solutions. Ms. Reyes quickly gained the respect of her supervisors, of her department and of the contractors and architects working the made any neither of those factors many difference toanyone thanks to he ay he demonstrated confidence in her team and respect for all. Ms. Reyes has accomplished so much in our district. In addition to keeping our facilities maintained with little budget, she has done the hard work of downsizing beyond reason in order to assist our district in making painful budget cuts as far from the classroom as possible. Ms. Reyes had. a district office staff of eleven people in 2008 but now has one staff member. She has taken on many of the duties of those other staff members herself. She has also found creative ways to change our systems in order to get everything done with fewer people and less budget. She has made safety and security her top priorities and has taught professional development workshops on a variety of topics in order to build capacity within our ranks. Ms. Reyes is an idea person and a truly creative mind. She loves a challenge and persists until she finds a solution that meets all of the criteria for success. She is one of those people who makes a great consultant because she asks so many questions in order to determine priorities and Yuma Union High School District No. 70 Yuma "'"`'`" Vista San Luis a� U � -d 3 Cd Fs ry bb -0 Cd Cd U bn 'd p, cc 141 43Cd o o 141 > En.� cd `d i cd 4-1 c o o CO c o Q 3 En cd �; O O O En U Ni R4 O ^' U O O ti , O c�C N � 6 4. o O U a on ?� o •E 3 N -� rn a� co ° to � U o C o cd o 3 C ooio 0 cd cn O N o -d cd O r-+ N O�L+ o f� ty cd U � ram+ ca El O : N U O U E0 .n a cd co I E U s.r CJ U o P, "Rota Rings" KOFA HIGH SCHOOL YU✓IA UNION HIGH SHOOT. DISTRICT 14,70 3100 S. Ave A • Yuma, Arizona.85364 Telephone (928) 502- 400 • Fax (928) 502-5692 Gina Thompson Principal The Kola High School community is committed to the success of ALL through continuous improvement of the leaching and learning process. ,Tune 9, 2010 To Whom It May Concern: The day that Cassie Reyes came to our district was not only a lucky day, it was a project -saving, money -saving, life-saving day. It has been an honor to work with Cassie as the Director of Maintenance and Operations with the Yuma Union High School District. As a Principal, I cannot think of someone who has made more of an impact in our operations than Cassie. Her attention to detail, work ethic and fiscal management all combine to make an amazing Director. The Kofa Bond Construction Project was an incredible opportunity for all to be a part of and work through in the four year experience. High school Principals are not usually trained in the area of construction management... as a 1" year Principal, I certainly was not! The world of construction, driven by dollars, architects, project managers and the large firm of Turner Construction was a world that required strong leadership. Cassie Reyes definitely provided that. I felt very comfortable in the needs of the academics and curriculum in regards to construction. Cassie's leadership in all other areas allowed me to not only learn what I needed to, but NOT LEARN what I didn't need to know! The very first day on site, Cassie requested, demanded, all details regarding the project, the cost, etc. Due to her tenacity and expertise, the Kofa project was able not only be completed, but to exceed many expectations. Cassie Reyes is able to work with administration and construction project members, alike. She is clear in her communication and expects just as much from herself as anyone else. I have never called Cassie, morning or night, weekday or weekend, that my phone call was not answered. And, when answered, Cassie handled every issue. She is truly an amazing individual with whom to work. She has streamlined the communication lines with our own campus. She has taken a great deal of concern off of my desk in regards to facility maintenance. Cassie understands the responsibilities of all team members and then examines the current system, looking for ways to improve it. I offer my recommendation with reservation only due to the fact. that it means I may not be able to work with. Cassie on a regular basis. I have learned from her and feel so fortunate to have been a part of the project under her leadership. Please feel free to contact me for further comment. Sincerely, A-w, ./6L Gina M. Thompson, Yicippal Lisa Carlson Frank Garcia William Laguna Assistant Principal Assistant Principal Assistant Principal «Fist» Boatwright ((Addresso, ((Address)), aAddress» ((Address)) Tel: ((Phone)) ((Email)) PROFILE My experience in the administration of public institutions has given me the insight to various as- pects of public agencies. This experience ranging from the operation side to upper management, gives me the confidence in my abilities to professionally handle complex situations. When this experience is coupled with a formalized education in a analytical field, the partnership teams up to provide my employer with a systematic thinker and one who is dedicated to the organization's vision. EXPERIENCE Community Project Management Participate in the processing of site plans, rezoning, conditional use applications and other plan- ning and development orders. I also provide support in conducting special studies for resolving various planning issues and functional programs. I monitor project managers on the status of building permits, revisions and other documentation. Mathematics Professor, Arizona Western College, Yuma, AZ Concurrent with the above described position, I am also a professor of mathematics at a local college. The ultimate form of learning is teaching. This position helps me hone my skills of public speaking, awareness, and descriptive abilities. Director of Facilities Management, Yuma Union High School District, Yuma, Arizona In this position, I am responsible for the oversight of the maintenance, operation and construction of district facilities while ensuring compliance with state and local standards. Critical aspects of this position include the constant monitoring of fund balances of assigned programs ensuring al- locations are accurate and expenses are within budget limits. This includes a $70 million budget in a bond initiative, as well as capital and daily operations budgets_ I have successfully oversaw the creation of a safety program that has decreased workman's compensation claims to half and have managed a readiness and emergency grant. My negotiations with other governmental agencies have created a seventeen percent decrease in expenditures. I currently supervise a department of over 80 employees using their expertise to create capital improvement budgets with both three and five year analysis for Arizona state consideration. Construction Manager, Yuma Union High School District, Yuma Arizona Before receiving a promotion to the Director of Facilities Management, I held the position of Con- struction Manager. In this position, I was responsible for the endurance that new construction projects met the needs of the District and were within budget and timeline constraints. In order to meet these guidelines, I ensured compliance by review of contract documents and design specifi- cations. My job required negotiation of revisions to contractual agreements with various entities. Communication with architects, engineers, and other technicians was a vital part of ensuring the success of my projects. Assistant Tribal Administrator, Cocopah Indian Tribe, Yuma, Arizona As the Assistant Tribal Administrator, I acted as the second in command over tribal operations. This included the direction and supervision of twenty-eight department directors varying from So- cial Services to Public Information. Therefore, I was responsible for the strategic research of page 2 budget polices and procedures to create standard operating procedures not only for the Adminis- tration office, but also developing templates for departmental use. I also had the pleasure to serve as the sole person responsible for grant writing, oversight, and term end reporting and analysis. I helped plan the financial outlook for the community reviewing future cash flows impact to constituents. Director of Planning and Development Fort Pierce Reservation, Seminole Tribe of Florida, Ft. Pierce, Florida This position was highly visible and responsible for professional work of coordinating the compre- hensive integration of infrastructure projects within the Fort Pierce Community. This coordination included constant review of interests, needs, and concerns of the residents impacted by the projects. With the residents needs being voiced, the position required the ability to mediate and resolve conflict. Providing the feedback of citizens to planning, implementation, and monitoring of programs helped create a pleasant atmosphere. All of the actives were conducted while ensuring the projects were in compliance with the ultimate goals of the Tribe. Highway Engineer, Seminole Tribe of Florida, Hollywood, Florida It was my responsibility to ensure the timely completion of all required pre -construction items such as permits and easements. I also tended project related meetings to create an effective relationship with parties affected. It was my ultimate responsibility to manage the Tribal highways program while I participated in various phases of roadway improvement projects. These phases included planning roadway studies, conducting inspections and investigations. Project Manager, Seminole Tribe of Florida, Hollywood, Florida As a Project Manager for the Seminole Indian Tribe, I acted as the facilitator and conduit between the construction team assigned to the project and the Tribe. I coordinated construction meetings. The purpose of this position was to ensure the Public Works Department was aware of the progress to allow the Director of Public Works to make appropriate plans and necessary determi- nations. Draftsman/Surveyor Specialist, Poarch Band of Creek Indians, Atmore, Alabama When I began this position, I was responsible for conducting surveys throughout the vast land mass of the Tribe. I also met with various departments to discuss needs in order to develop ru- dimentary designs. The position morphed into the person for all non -housing related construc- tion. I also began acquiring real estate related duties. I attended meetings in the design and planning of the new casino. EDUCATION Master of Science, Administration -Contracts and Acquisition University of West Florida, Pensacola, Florida Expected Graduation: December 2011 Bachelor of Science, Engineering University of West Florida, Pensacola, Florida St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. Planning & Zoning Commission 2. Name: Barry J. Schrader 3. Home Phone: 772 336-8559 Cell Phone: 561 319-8767 Work Phone: 561 882-1200 4. Home Address: 2602 SW Monterrey Lane, PSL, A. 34953 5, Email Address: bschrader@coca-cola.com 6. Which commission district do you live in? 5 7. Business/Occupation Sales Manager 8. Business address:.6553 Garden Road Riviera Beach, A 33404 9. Brief resume of education & experience: 10. Do you currently serve on a county committee(s)? If so, please list: Planning & Zoning Commission 11. Why do you think you are qualified to serve on the committee(s) indicated? I would like to continue what we as. an advisory board have started over the last 4 years. 12. Would you consider serving on another board other than the one(s) stated above? (Please specify) Would consider any board the BOCC feels my education, experience and knowledge can assist, as long as it works with my schedule. 13. Comments: SIGNATURE: DATE: ( 1( SL Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: tt Affordable Housing Advisory Committee ti Airport Master Plan Technical Advisory Committee 21 Art In Public Places Committee tl Board of Adjustments zi Citizen's Budget Committee tf Code Enforcement Board tI Community Development Block Grant Citizen's Advisory Task Force It Comprehensive Economic Development Strategy iI Contractors Certification Board tf Early Learning Coalition SLC II Emergency Medical Services Advisory Council 77 Environmental Advisory Committee 23 Fort Pierce Harbor Advisory Committee xI Historical Commission ZI Housing Finance Authority xi Investment Committee 11 Land Acquisition & Selection Committee V Library Advisory Board II Planning & Zoning Commission :U Public Safety Coordinating Council 33 Recreation Advisory Board :U Restudy Coordination Committee tf Smart Growth Advisory Committee _a]- Sustainability Advisory Committee tf Tourist Development Council ti Treasure Coast Education & Research Development Authority (TCERDA) U Treasure Coast Health Council, Inc. rI Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1.156 2 BARRY J. SCHRADER 2602 SW Monterrey Lane • Port St. Lucie, Florida 34953 • Barryschrader@comcast.net • 772 336 8559 i SALES MANAGER Strategic Sales Planning/Market Expansion /Relationship Management d Dynamic, entrepreneurial sales representative and management strategist with a 19+ year record of achievement and demonstrated success driving sales growth while providing award -winning sales leadership in highly competitive markets. Adept at driving growth of company revenues and improving sales -team performance. Exceptional mentor and coach, motivating employees, suppliers and customers for award winning. sales growth. Tenacious in building new business, securing customer loyalty, and forging strong relationships with internal and external business partners. Core competencies include: • Strategic Market Positioning • Million -Dollar Negotiations • Key Client Retention • Solution Selling Strategies • Territory Growth/Development . Employee Leadership • Team Building • High -Impact Sales Presentations • CWC Trainer PROFESSIONAL EXPERIENCE Sales Center Manager Coca-Cola Enterprises, 2006 - West Palm Beach, Florida Oversee all functions of a $100m business, including new product rollouts, key local accounts, customer relationship development, contract negotiations, and order fulfillment. Hold P&L and budget responsibilities for the Sales Department. Provide cross -functional team training, coaching, and mentoring. Direct district sales managers and sales associates located in Palm Beach and Martin Counties. Design, implement, and adjust various sales plans and programs for the non-alcoholic beverage sector, with a focus on building long-term business success. Selected Achievements: ♦ Implemented Drug Store specific routes and District Sales Manager. ♦ Met or exceeded Gross Profit Goals. ♦ Consistently developed strong, sustainable relationships with customers and employees. ♦ Manage all On -Premise, Small Store, and Large Store Face -to -Face sales. Cold Drink Sales Manager, Coca-Cola Enterprises, 1998 - 2006 Fort Pierce and West Palm Beach, Florida Oversee all sales and business development functions for the Cold Drink department of the West Palm Beach and Fort Pierce Sales Facility, including new product rollouts, key accounts, new customer sales, customer relationship development, contract negotiations, and order fulfillment. Manage full service department of one Manager, one Trainer, one lead driver and nine full service drivers. Provide team training, coaching, and mentoring. Lead a team of district sales managers and sales associates located throughout Palm Beach and Martin Counties in all functions of the Cold Drink Department. Selected Achievements: ♦ Consistently met or exceeded sales and profit goals as set by upper management. Continued.. . 2602 SW Monterrey Lane • Port St. Lucie, Florida 34953 • Barryschrader@comcast net . 772 336 8559 SALES MANAGER Strategic Sales Planning/Market Expansion /Relationship Management Dynamic, entrepreneurial sales representative and management strategist with a 19+ year record of achievement and demonstrated success driving sales growth while providing award -winning sales leadership in highly competitive markets. Adept at driving growth of company revenues and improving sales -team performance. Exceptional mentor and coach, motivating employees, suppliers and customers for award winning. sales growth. Tenacious in building new business, securing customer loyalty, and forging strong relationships with internal and external business partners. Core competencies include: • Strategic Market Positioning • Million -Dollar Negotiations • Key Client Retention • Solution Selling Strategies . Territory Growth/Development • Employee Leadership • Team Building • High -Impact Sales Presentations • CWC Trainer PROFESSIONAL EXPERIENCE Sales Center Manager Coca-Cola Enterprises, 2006 - West Palm Beach, Florida Oversee all functions of a $100m business, including new product rollouts, key local accounts, customer relationship development, contract negotiations, and order fulfillment. Hold P&L and budget responsibilities for the Sales Department. Provide cross -functional team training, coaching, and mentoring_ Direct district sales managers and sales associates located in Palm Beach and Martin Counties. Design, implement, and adjust various sales plans and programs for the non-alcoholic beverage sector, with a focus on building long-term business success. Selected Achievements: ♦ Implemented Drug Store specific routes and District Sales Manager. ♦ Met or exceeded Gross Profit Goals. ♦ Consistently developed strong, sustainable relationships with customers and employees. ♦ Manage all On -Premise, Small Store, and Large Store Face -to -Face sales. Cold Drink Sales Manager, Coca-Cola Enterprises, 1998 - 2006 Fort Pierce and West Palm Beach, Florida Oversee all sales and business development functions for the Cold Drink department of the West Palm Beach and Fort Pierce Sales Facility, including new product rollouts, key accounts, new customer sales, customer relationship development, contract negotiations, and order fulfillment. Manage full service department of one Manager, one Trainer, one lead driver and nine full service drivers. Provide team training, coaching, and mentoring. Lead a team of district sales managers and sales associates located throughout Palm Beach and Martin Counties in all functions of the Cold Drink Department. Selected Achievements: ♦ Consistently met or exceeded sales and profit goals as set by upper management. Continued... BARRY J. SCHRADER Page Two ♦ Met or exceeded all quotas throughout tenure, averaging more than $10 million in annual sales and earned multiple company awards in recognition of performance. ♦ Consistently developed strong, . sustainable, long term relationships with customers, local market, and employees. Local Account Manager, Coca-Cola N.A. (CCUSA), 1988- 1998 Atlanta, Ga. Built and developed a six -county sales, promotions, service, and delivery dealership network for the sale of Coca-Cola Fountain. Facilitated sales training for distribution and service representatives, developed new sales programs, and acted as liaison between Coca-Cola USA, Distributors, and Coca- Cola Enterprises Inc. Selected Achievements: ♦ Involved with company's first -ever BevSery sales organization. ♦ Increased territory sales by over 30% from 1988 to 1998. ♦ Promoted after one year to Local Account Manager. COMMUNITY INVOLVEMENT & TRAINING Community Involvement Planning and Zoning Board- St. Lucie County Chamber of Commerce — Member of four Chambers Selected Professional Sales and Management Development Courses: Dale Carnegie Sales Training Connecting -With -Customers Trainer Management Essentials 1 & 2 Targeted Operational Planning Targeted Selection Planning Strategic and Conceptual Selling Professional Account Management -Selling System References Available Upon Request St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. in addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. \, 3 2. Name: V *k C. 6 L - S 1-)02 t Phone: H -7 �� 9 3. Home address: _ (,mac; r , Ft 3C19 s. 4. Which commission district do you live in? 5. Business/Occupation ►'�A �w r1'e- S. Business address: 7. Brief resume of education & experience: (Please attach resume) CP,J��L-J 8. Do you currently serve on a county committee(s)? If so, please list: ', O 9. Why do you think you are qualified to serve on the committee(s) indicated? T airy. /Y14rrSs -d iit e V_Ouf�- iw Cxt, tfu . ai k i ha of CX46mi K !9 i G-7ce joy re_se_ r4 aY� -,rat 10. Would you consider serving on another board other than the one(s) stated above? (Please specify) 11. Comments: Z c�c [d 1,+- 4-es i z luek Q r i o Cc �ti�� �a c; ' -7 -gr SIGNATURE: `� , a, DATE: /7 /09 St Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: • Attainable/Affordable/Workforce Housing Task Force • Beach Preservation Task Force LI Bicycle/Pedestrian Advisory Committee 13 Board of Adjustment LI Central Florida Foreign -Trade Zone, Inc. L3 Children's Services Council Lt Citizen's Budget Development Committee U Code Enforcement Board 33 Community Development Block Grant Citizen's Advisory Task Force (CDBG) 13 Comprehensive Economic Development Strategy (CEDS) 13 Contractors Certification Board = Cultural Affairs Council 13 Early Leaming Coalition of St. Lucie County 13 Emergency Medical Services Advisory Council 33 Environmental Advisory Committee 34 Environmental Hearing Board 13 Fort Pierce Harbor Advisory Committee 13 Historic Preservation Committee 33 Historical Commission U Housing Finance Authority 13 Investment Committee #� Library Advisory Board #r Planning & Zoning Commission/Local Planning Agency A Recreation Advisory Board 13 Restudy Coordination Committee W Smart Growth Advisory Ad Hoc Committee 13 Sustainability Ad Hoc Committee 33 Tourist Development Council 13 Transfer of Development Rights (TDR) Advisory Ad Hoc Committee 33 Treasure Coast Education & Research Development Authority (TCERDA) a Treasure Coast Health Council, Inc. 13 Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 7741 Pine Lakes Boulevard Port St. Lucie, FL 34952 (772) 985-1926 vicki.short@gmall.com gmail.com August 7, 2009 St. Lucie County Administrator's Office 2300 Virginia Avenue Fort Pierce, FL 34982 ATTM Missy Stiadle Re: Application for Serving on County Boards and Committees Dear Ms. Stiadle: Enclosed, please find my Application for Serving on County Boards and Committees along with an abbreviated r6sum6. I would like to be clear about my experience and intentions for applying. I am deeply concerned about the unemployment rate in St. Lucie County, and I wish to volunteer in virtually any capacity for any county committee that would have an impact on developing and sustaining industry in St. Lucie. I am new to the working of local government, but I have excellent research, writing, and analytic skills, especially with legal issues. In addition to economic growth committees, I am also interested in volunteering for the Library Advisory Board, as I have a Master of Arts degree in English, in addition to a law degree, and have taught writing and literature at the secondary and college level. I love the idea of public libraries and believe their preservation is essential. As with the above -mentioned committees, I am willing to volunteer in any capacity. Should you need any additional information from me, please do not hesitate to contact me. Thank you for your kind consideration. Sincerely, :1 " I V - 0_1 Vicki L. Short VICKI L. SHORT 7741 PINE LAKES BOULEVARD • PORT ST. LUCIE. FLORIDA 34952 (772) 985-1926 • vicki.shorlld.gmail.coni EDUCATION University of Florida College of Law Gainesville, FL Juris Doctor 01/94 — 12/96 • Earned Honors and High Honors several semesters • Secretary. Law Association for Women. 1995 Member of the Florida Bar since 1997 Florida Atlantic University Boca Raton, FL Master ofArts in English 08/99 — 08/02 • Outstanding GPA • Numerous and diverse graduate assistantships Nova University Fort Lauderdale, FL Bachelor o_f'Arts in Liberal Arts 08/89 — 07/92 • Dean's List most semesters • Earned degree in three years SUMMARY OF LEGAL SKILLS/QUALIFICATIONS • Exceptional communication skills, including superior grammar, exposition, and rhetorical skills • Excellent case research & analy_ sis abilities • Deadline and detail oriented • Client acquisition & management skills • Successful litigation and trial record • Impressive professional appearance and social skills • Computer and technology literate • Highly motivated, self-starter who is eager to learn new areas of practice RECENT EMPLOYMENT EXPERIENCE Law Office of Vicki L. Short, PA Fort Lauderdale/Ft. Piece, FL Attorney President 01/06-present Solely established and operated a law practice with a focus on family law; but also including misdemeanor and felony_ criminal defenses (juvenile and adult), landlord/tenant matters, and other civil litigation. 19"' Judicial Pubic Defender Ft. Pierce.. FL Assistant Public Defender 06/07-03/08 Deftly handled all phases, of several hundred criminal cases at a time, with a focus on adult and juvenile misdemeanors: won all three of the motions to suppress and the county -to -circuit appeal that I brought. also had a high success rate with a multitude of Baker Act hearings that I handled. Brandt & Gufford, Attorneys at Law Stuart. FL Associate 03/07- 06/07 Main duties consisted of civil legal drafting (with a significant opportunity to perform in-depth legal research), mostiv in family law. and appearing in court to argue procedural and evidentiary motions, attending mediations and depositions and have had a significant opportunity to perform in-depth legal research: drafted and argued a successful Motion to Vacate. References mailable upon request. RYAN STRICKLAND 2585 SE Lakewood St. Port St. Lucie, FL 34952 Phone: (772) 370-9702 OBJECTIVE To contribute to an organization's growth and profitability by utilizing my work ethic, professionalism, and relationship building skills. To ensure the success of the team and provide the quality service of a professional organization to each customer. SKILLS • Strong leadership, interpersonal and organizational skills • Exceptional team building skills • Strong Communicator • Efficient, consistent and confident EXPERIENCE 02/2004 — Present NEW YORK METS, Professional Baseball Club Manager of Sales/Ballpark Operations • Employed and managed 50 part-time employees during spring training and 15 part-time employees during minor league season. • Promoted from sales associate to manager of corporate sales and ballpark operations 2007. • Managed and coordinated security for the New York Mets Spring Training season by ensuring player and fan safety during home games and workouts. • Promoted from administrative assistant to sales associate focusing on sales and game day operations 2006. • Employed by the St. Lucie Mets as an administrative assistant focused on sales and promotions (hired upon completion of internship 2005). • Interned with the St. Lucie Mets handling game day operations and assisting in sales, marketing and promotions from May- September 2004. MANAGEMENT SKILLS • Directed two New York and St. Lucie Mets administrative assistants on sales, promotions and game -day operations during both spring and summer seasons of 2006-2009. • Managed 50 employees during the New York Mets Spring Training Season, and 15 employees during the St. Lucie Mets Minor League Season 2006-2009. • Handled game -day operations for the St. Lucie Mets in the summers of 2004 and 2005. • Managed Tampa Catholic High School Junior Varsity Baseball Team in the fall of 2004. • Arranged and executed the golf tournament at the PGA Reserve for the 2004 Florida State League All Star Game at Tradition Field. • Coordinated activities and provided a safe environment for forty campers and ten staff members at Summer Camp and Christmas Camp for The City of Port St. Lucie Parks & Recreation in 2000- 2003. • Oversaw the operation of summer and Christmas camps at the Southport Middle School site for The City of Port St. Lucie Parks & Recreation as well as looked after the well-being of forty campers ages 5-12 as well as directed the duties of ten staff members. RYAN STRICKLAND 2585 SE Lakewood St. Port St. Lucie, FL 34952 Phone: (772) 370-9702 TEACHING SKILLS • Directed two administrative assistants on promotions and game day operations for the St. Lucie Mets 2006-2009. • Employed by Tampa Catholic High School to instruct infielders and outfielders at the varsity and junior varsity level in the fall of 2005. • Instructed middle infielders in mechanical and mental aspects of fielding at the Ricky Ware Baseball Camp in Dade City, FL in the spring and summer of 2002. • Entrusted by the coaching staff at St. Leo University to create and implement on -field drills for players during the fall of 2001 and the spring of 2002. • Relied on by the coaching staff at St. Leo University to host recruits and persuade them to attend the university during the spring of 2002. HONORS AND ACTIVITIES • Managed a sales team that increased corporate dollars and involvement for the 2007, 2008 and 2009 seasons. • orporate sales and ballpark operations for the 2007 Promoted from sales associate to manager of c season. • Promoted from administrative assistant to sales associate focusing on sales and game day operations 2006. • Integral part of a staff, which increased overall and average attendance for the St. Lucie Mets season four years in a row 2004-2007. • Received Minor League Student Scholarship from the St. Lucie Mets, Florida State League and Florida Marlins in 2004. • Promoted from walk-on athlete to scholarship athlete, 2003. • Player on the St. Leo University Baseball Team, 2002-2004. • Promoted from camp counselor to site director for The City of Port St. Lucie Parks & Recreation, summer 2002. EDUCATION • Currently enrolled and pursuing MBA St, Leo University, Dade City, FL, • Major: Sports Management/School of Business • Graduated with B.A. in May 2005. • GPA: 3.2 (4.0=A) References References Available Upon Request 2585 Lakewood St. Port St. Lucie, FL 34952 (772) 335-8781 home (772) 370-9702 cellular rstrick@stluciemets.com Nov 15 10 12:46p Cathy Townsend - King 772A89-2732 p2 If COUNT r c a R i o A St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory hoards and committees. The minimum requirements for committee membership are: 1 Must be a County resident 2 Must not be related to a County Commissioners or County employee involved with the committee of interest. 3 Must not be employed by the same business entity as other committee members. 4 Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information_ 1. Please indicate the committees) you are interested in. See the list below. 2. Name: (' n F0 � , d 3. Home Phone: t Ct �5 Ccll Phone: ao t - Work Phone: 4. Home Address: 'q -j J Pei') -1— 5. Email Address: ka rfoo S (GiC ��- �1�1 C 0 me a ,Y--- 6. Which commission district do you live in? 7. Business/0ccupation_ 8. Business address: --S, U-) t 9. Bricf resume of ediration & experience: (Please attach resume) Nov 15 10 12:48p Cathy Townsend - King 772-489-2732 p.3 10, Do you currently serve on a county committees)? It so, please list: 11- Why do you think you are qualified to serve on the committee(s) indicated? /�,,� �J �iL l��%th-.� �l�iL�?�"/Lc4F� l�-%C. /uc (wLe 77 h.1�1'uJ q- i,Ct x jl� �L'" :fir vcJ 12. Would you consider serving on another board other than the one(s) stated above (Please specify) 13. Comments: SIGNATURE.(�� �4 DATE: _ I k 1 r —i St Lucie County Advis" Boards and Committee Citizen Appointments Available Please check the committees you are interested in: 1 Affordable Housing Advisory Committee 2 Airport Master Plan Technical Advisory Committee 3 Art In Public Places Committee 4 Board of Adjustments ✓5 Citizen's Budget Committee Vet Code Enforcement Board 7 Community Development Block Grant Citizen's Advisory Task Force ✓8 Comprehensive Economic Development Strategy 9 Contractors Certification Board 10 Early Leaming Coalition SLC v 11 Emergency Medical Services Advisory Council 12 Environmental Advisory Committee 13 Fort Pierce Harbor Advisory Committee 14 Historical Commission 16 Housing Finance Authority 16 Invostment Committee f,,t7 Land Acquisition & Selection Committee 1a Library AdvisoryBoard V9 Planning & Zoning Commission Nov 15 10 12:47p Cathy Townsend - King 772-489-273? p.4 n 20 Public Safety Coordinating Council 21 Recreation Advisory Board 22 Restudy Coordination Committee 23 Smart Growth Advisory Committee 24 Sustainability Advisory Committee V"25 Tourist Development Council 26 Treasure Coast Education & Research Development Authority (TCERDA) 27 Treasure Coast Health Council, Inc. 28 Value Adjustment Board APP "TION MALL RIEAWN EFFECTIVE FOR ONE YEAR Submit ID St Lucie County A*mu* bobs Office, Missy ShMle 2300 Virginia Averwe, Fact Piieroe. FL 34982 Phone: (772) 462-115612 -E� - 9423 Nov 15 13 12:57p Cathy Townsend - Kirg 772-489-27Z2 p 2 474 Penin4ulsk Drive Ft. Pierce, Florida 34946 1-772-201-5503 harborsidvzathy rc(a),coinmst-nct Objective increase the awarenzoss and capabMt/es The County has to off summary of Owner of the Mellon Patch tun Bed & t6ra_aidfast for seven years. 3601 N A 1A North Hutch imon LsLw4 Florida * amdHications Wedding & event planner for 77 years • Lodging and Hospitality • Business Owner for 21 years in St Lucie County Owner of James L King & Associated Inc. 13 years • Construction and welding company Education Graduated Spruce Creek High School 1979 Port orange, Florida 32119 DBCC Daytona Beach, Florida 1979 - 1982 Nursing program ERA School of Real Estate 1982 Daytona Beach, Florida IRCC Cosmetology 1990 Tampa University Tampa Florida 1992 Activities Director Healthcare Administration 1993 Certified Activities Director/Recreational Therapist State of Florida 1993 Nov 15 10 12:58p Cathy Townsend - King 772-489-2722 p.3 State of Florida Food Handler's exam 1994, and 2010 Experieace 17 years experience of catering, event planning Hospitality Industry • Construction field 23 years Realtor and investor 26 years Professional Memberships Police Athletic League of 11olusia Comity 1977-79 HmrY Anna Crippled Chfldnetr�s Home 1981-86 Pilot Club of Fcwt Pierce Deaf Sande Center of the Treasure CoastlSecretmy Ah*eimees Associatian of Treisrrne Coast Senior Friends Lawn wood Hospigal Chaired Qpe ning Our Doo•s to your Loved ones 2008 Co Chaired Zorn Fest Film Ph nsotion 2009 Democrat Chrb of SLC Camfiddge Who's Who League of Woman VOtersIS,t Lucie County President of League of Women Voters SLC 2007 to c"went CO -Chair bedian Meer Prineet+orr, Yale and Harvard Clubs CornmibnoW "10 Debate Octiaber 14w Erne.son Center Served on od tar vanous committees for nonywofiis throughoert Indian Rimer, Martin, and St Lucie Counties, languages English, Nov 15 - 0 12:58p Cathy Townsend - King Refe"Umas Shayne DeWitt Leather oWulllns PL 772-489-2732 Manager SLCTV 526-Wo Attorney 595-5506 Parul Pearson Chief Officer FPPD 37" 162 co�ul�x St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following infiormation: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: Steven Michael Weaver Sr. 3. Home Phone: 772 468-7037 Cell Phone: 772 344-7100 Work Phone: 772 882-77" 4. Home Address: 1615 Thumb Point Drive Fort Pierce, FL 34949 5. Email Address: realtimefla@aol.com 6. Which commission district do you live in? 5 7. BusinesslOccupation Realtime Property & Development Services, Inc. General Contractor 8. Business address: 723 N. U.S. Highway 1, Fort Pierce, 34950 9. Brief resume of education & experience: (Please attach resume) Business Degree- Embry Riddle University, Local Construction & Project Development Consulting Business Owner, Member of the Fort Pierce Land Development Regulation Rewrite Committee, 10. Do you currently serve on a county committee(s)? no 11. Why do you think you are qualified to serve on the committee(s) indicated? Working Knowledge of SLC Development Code, Experienced in reviewing Site Plans, Traffic Studies, Planned Unit Development Applications, Conditional Use Applications; Detail Oriented, Awareness of the Attributes, Issues, & Challenges of the Community 4V) 12. Would you consider serving on another board other than the one(s) stated above? no 13. Comments: I sincerely hope to have the opportunity to serve the community as a Member of the St. Lucie County Planning & Zoning Commission. SIGNATURE: —•` ✓��� G+'/y�? ,� DATE: /s/ a O t o St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: tt Affordable Housing Advisory Committee a Airport Master Plan Technical Advisory Committee tt Art In Public Places Committee tt Board of Adjustments tt Citizen's Budget Committee tt Code Enforcement Board tt Community Development Block Grant Citizen's Advisory Task Force it Comprehensive Economic Development Strategy tt Contractors Certification Board tt Early Learning Coalition SLC tt Emergency Medical Services Advisory Council R Environmental Advisory Committee tt Fort Pierce Harbor Advisory Committee tt Historical Commission tt Housing Finance Authority ti Investment Committee tt Land Acquisition & Selection Committee tt Library Advisory Board X Planning & Zoning Commission t* Public Safety Coordinating Council tt Recreation Advisory Board tt Restudy Coordination Committee tx Smart Growth Advisory Committee a Sustainability Advisory Committee tt Tourist Development Council tt Treasure Coast Education & Research Development Authority (TCERDA) tt Treasure Coast Health Council, Inc. tt Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 i,� STEVEN M. WEAVER 1615 Thumb Point Drive Fort Pierce, FL 34949 Home: (772) 468-7037 Cellular: 772-3 70-03 84 OVERVIEW • Over 26 years in the construction industry, with over 20 years overseeing contractor and subcontractor performance. • Over 15 prior experience in the real estate industry, with experience in platting, sub -dividing, marketing, off site mitigation and comparative market analyses. • Project Management, Financial Management, and direct Construction Supervision experience on ocean front mid -rise condominium projects, hospital construction, medical office buildings, surgical centers, medical imaging centers, and multi -family dwellings, in addition to custom and production single-family home construction. • Capable of Project development and implementation, team integration and supervision of management and construction crews. • Proven ability to ensure timeline adherence in complex construction circumstances. Experienced in contract development, negotiation, and administration. • Knowledge of medical and imaging constructions' specialized materials, procedures, subsystems and inspection processes. • Skilled at generating, interpreting and evaluating blueprints, shop drawings, technical specifications and design parameters (all trades). • State of Florida Unrestricted General Contractors' License—CGC 1505490. • Supervision Experience exceeds 100 personnel. • Working knowledge of specifics of AHCA and Florida Building Codes, NFPA 101, NFPA 58, A.D.A., and N.E.C. EXPERIENCE 2003-2009 RealTime Property & Development Services, Inc. DEVELOPER —GENERAL CONTRACTOR Projects include: • Pelican Shopping Center facade and improvements, Dockside Inn, Tiki Bar Restaurant, Slices Pizza, multiple demolitions. • Construction of several $400K to $2M single-family, 2,400 to 10,000 square foot, ocean access custom homes in the St. Lucie County, Florida market • Construction of 1600 to 3200 square foot production homes in the St. Lucie County, Florida market • Sales of RTPD and personally held vacant lots and multi -acre developable parcels, with a focus on water front/intercoastal/ocean access estate properties. 2002-2003 North Broward Hospital District - Design & Construction PROJECT MANAGER /PROGRAM MANAGER —Owner's Representative Total Projects valued at $28,000,000 included: Coral Springs Medical Office Building & Tenant Buildouts (141---Oversaw Turner Construction Company's field operations, pay requests, change orders, and all accounting. Developed tenant buildout plans and specifications (including MEP) with SSR Architects. Coral Springs Medical Center - Radiology Renovation —Oversaw Catalfumo Construction. Coral Springs Medical Center - Women's' Center —Oversaw Catalfumo Construction. Weston Regional HealthPark Tenant Buildouts M Oversaw Leighton McGinn Company. Pine Island HealthPark Medical Office Building & Imaging Center Developed site plan, ergonomically refined MOB and Imaging Center layouts, developed RFP parameters, reviewed proposals and selected Catalfumo Construction for the project. District Construction/Capital Expenditures Master Plan 2000-2002 Leighton McGinn Company; Riviera Beach, Florida PROJECT MANAGER & SITE OPERATIONS COORDINATOR Projects Included: Westside Medical Arts Building - Plantation, Florida (47,000 square foot, 3 story medical office building, including 9 tenant buildouts) Responsible for all aspects of project, including site plan refinement, Architectural and Engineering revision drawing development, subcontract bid process, diagnostic imaging and treatment systems integration, pay request review and confirmation, OSHA safety program, site supervision, all permitting, change orders, punchlists, code and contract compliance. Resume of Steven M. Weaver —Page 2 1999-2000 Southern State Development Corp., Plantation, Florida PROJECT ADMIPIISTRATOR/SITE ADMINISTRATOR Project: Comprehensive Medical Imaging Center. Plantation, Florida (23,000 square feet; all inclusive Diagnostic Imaging Multiplex and new Corporate Headquarters) Responsible for refinement of Architectural and Engineering drawings and specifications. Oversaw site operations, staffing, installation and start-up of two M.R.I. Labs, one C.T. Scan procedure room, four Fluoroscopy rooms, three darkrooms, Nuclear Imaging Suite and Mammography equipment installation. Oversaw all R.F. and Nuclear Shielding and data/telecom systems installations. Built out billing and office space for the newly combined accompanying Corporate Headquarters. 1997-1999 Medical Construction Consultants, Inc., Pompano Beach, Florida PROJECT ENGINEER/CONSTRUCTION MANAGER Projects included: • Lake Worth Surgical Center and Medical Offices • LeJeune Medical Office Building • Gables Ambulatory Surgical Center Responsible for overseeing projects from conception to completion; Generating, evaluating and implementing Architectural and Engineering revision drawings and specifications. Responsible for Bid solicitation and contract award program, timeline development and adherence. Oversaw subcontractors' performance and permit/revision processing. Requirements of site management include: overseeing demolition, excavation and utilities below grade work, layout, AHCA compliance and quality assurance throughout the entire construction process. 1997 GNL Construction, Inc., Fort Lauderdale, Florida PROJECT SUPERINTENDENT Oversaw projects from groundbreaking or demolition to completion. Projects included: • Delray Community Hospital's 24 bed Intensive Care Unit Addition. Passed CO and 100% AHCA inspection October 1997. • Columbia Aventura Hospital & Pompano Beach Medical Center. Developed Joint Commission readiness program. Responsible for revised Life Safety Plan development and implementation. Supervised rated wall repairs and upgrades per ACA standard details. Supervised installation of penetration sleeves, fire and smoke dampers and rated doors. Supervised the construction of the Cardiac Catheterization Suite, Echo Cardiography Room, Employee Health Suite and the renovation of the OR Suites and Radiology Department. 1995 4"6 Walmark Contractors, Orlando, Florida SUPERINTENDENT West Volusia Medical Center, Phases I and II, Deland, Florida Responsible for interior and exterior wall system layout and code compliance, labor supervision and AHCA inspection readiness. Acted as the hospital/contractor liaison. 1995-1996 MAC Drywall and Construction, Daytona Beach, Florida SITE FOREMAN Halifax Medical Center-126,000 square foot expansion including nine operating rooms Responsible for interior and exterior wall system layout and field engineering, labor supervision, prototype operating room workup with hospital representative and insured AHCA inspection readiness. 1994-1995 Dimucci Development, Ponce Inlet, Florida PROJECT SUPERINTENDENT Ponce Inlet Condominium, a seven story, 77-unit project Responsible for subcontractor coordination, field engineering, layout, quality control, job safety, time line and cost control. Supervised in-house concrete and carpentry crew including swimming pool and spa construction. 1988-1994 Correct Construction Company; Rockford, Illinois OWNER, SUPERINTENDENT, & LEAD CARPENTER Frame/Form/Finish Carpentry and General Contracting. In cooperation with McKnight Realty built custom homes in the 1700 to 3000 square foot range. At one point had 26 houses simultaneously under construction. EDUCATION Business Degree Embry Riddle Aeronautical University, Daytona Beach, Florida Additional Research: Energy Efficiency, Alternate Energy, Life Safety Engineering Gold Coast School of Construction Century 21 School of Real Estate COUNTY` F L O R I D A St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: • Must be a County resident • Must not be related to a County Commissioners or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees) Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: The t T Ljt filer 3. Home Phone: c465-a tA15 Cell Phone: S, a ff. S55 0 Work Phone: y6.5-g 563 4. Home Address: y 6 4D Fu: � w oo� 61, Po d Sl o� �.ce,�P, F.0 3 y 4.3-Z 5. Email Address: -�Ae(we 6e11S&cA4A • 4e1L 6. Which commission district do you live in? 7. Business/Occupation %l -efc;XredFjje- Re lr,re/¢ rG4u.s e e✓G` ,�/;e"��`'�� Du�nTc•t ceC✓�� 11�e �✓15 tr�i�d', 8. Business address: q6 q0 Fa;rcvoo� C�.� Por� .sf o<<c ci e, �� 3yQ86 9. Brief resume of education & experience: (Please attach resume) ,SCQ 10. Do you currently serve on a county committee(s)? If so, please list: A10 RECEWED OCT 29 11. Why do you think you are qualified to sere on the commi(s) indicated? d. 1 1i M caT�e,r.5 %� �ub�:� 5� � ��rf It e4Q k=s�j ye :yew M e e ec �; ona � r aA; ; �� s k; lls, .4 7'ib �t9 c o mAtv,t sense 0" et- l< eAt e, *o r e y 12. Would you consider serving on another board oilher than the one(s) state d above? (Please spleC.ify) Ca-e.S . F1ra� G�►Di GC wecml A be Vh� r4jo 1. G Sa G't� Cd o "J N .t'i6r� II ,tieKr`4ee ePf.Z Cvudk;.o5 bA, e•� �M.S 5erd.'es �r�✓ Y r aLAAC%l 13. Comments: seT,IeS � s 1 Oil P1 a.c/�; n! vtoZOvt i Cfl dA,`S�►oK ;,1 A�0.�ek Ac Td`e"ckre �a,s� ej:onc..Q Ple,-A/t,-hp Cou,Ac,-( r.A aoea?. SIGNATUR DATE: / D 1.t7l.Zora St Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: rk[ Affordable Housing Advisory Committee 13 Airport Master Plan Technical Advisory Committee U Art In Public Places Committee 13 Board of Adjustments tt Citizen's Budget Committee :3 Code Enforcement Board R Community Development Block Grant Citizen's Advisory Task Force 33 Comprehensive Economic Development Strategy U Contractors Certification Board U Early Leaming Coalition SLC .3 )9 Emergency Medical Services Advisory Council 33 Environmental Advisory Committee $3 Fort Pierce Harbor Advisory Committee tt Historical Commission U Housing Finance Authority 33 Investment Committee Xt Land Acquisition & Selection Committee 33 Library Advisory Board ® Planning & Zoning Commission ©� Public Safety Coordinating Council U Recreation Advisory Board U Restudy Coordination Committee :3 Smart Growth Advisory Committee 13 Sustainability Advisory Committee t3 Tourist Development Council It Treasure Coast Education & Research Development Authority (TCERDA) 13 Treasure Coast Health Council, Inc. Li Value Adjustment Board APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 Thel T. Whitley 9690 Fairwood Court, Port St Lucie, Florida 34986 OVERVIEW 772.465.2145 Twenty-eight year record of success with progressively responsible leadership roles within the Public Safety and Real Estate industries based upon experience, training and formal education ♦ Proven ability to successfully lead and motivate people in multi -task environments ♦ Excellent analytical, organizational and time -management skills ♦ Superior communication, motivational and interpersonal skills. PROFESSIONAL EXPERIENCE 1998 to Present Advanced Data Resources, Inc. Certified Residential Real Estate Appraiser. Responsibilities include all aspects of residential real estate appraisal and consulting. My practice includes appraisal and consulting services for local, regional and national lending institutions, appraisal review services and appraisal services for litigation (including expert witness testimony), tax appeal and estate settlement. 2002 to Present Indian River State College Adjunct Instructor Responsibilities include the preparation of and instruction of courses related to Fire Science and Emergency Medical Science. 1982 to 2008 Deputy Chief of Administration St Lucie County Fire District Began this career as a Fire Fighter/Paramedic in 1982, then progressed through the ranks retiring in 2008 with the rank of Deputy Chief of Administration. Progressively responsible for delivery of fire suppression, emergency medical services, it's administration and leadership within the St Lucie County Fire District. This large fire rescue agency is a seventeen station department, employing over 380 uniform personnel, protecting approximately 271,000 residents with an annual budget of approximately 60 million dollars. EDUCATION Master of Public Administration Degree 2001 Troy State University Bachelor of Arts Degree, Major: Organizational Management 1996 Warner Southern College Associate of Science Degree - Fire Science Technology 1994 Indian River Community College Associate of Science Degree - Emergency Medical Science 1984 Indian River Community College PROFESIONAL LICENSURE • Florida State Certified Residential Real Estate Appraiser RD3756 • Florida State Certified Real Estate Broker BK412597 • Florida State Certified Paramedic PMD3470 • Florida State Certified Fire Instructor III Page 2 Resume' Thel T. Whitley PROFESSIONAL AFFLILIATIONS • International Foundation — Education, Benefits and Compensation • Realtors Association of St. Lucie • Florida Fire Chiefs Association • International Association of Fire Chiefs • International Association of Fire Fighters ORGANIZATIONAL and CIVIC INVOLVEMENT • St. Lucie County Fire District Health Insurance Trust — Chairperson, Trustee. • Fort Pierce Rotary Club — Member • St. Lucie County School District - Mentor/Reader. • Treasure Coast Regional Planning Council, Former Council Member - Appointed by Governor Jeb Bush in 2000. • St. Lucie County Planning and Zoning Commission, Formert Member - Appointed by the St Lucie County Commission. • St. Lucie County Emergency Medical Advisory Council, Former Chairperson - Appointed by the St Lucie County Commission. • Boy Scouts of America, Merit Badge Counselor (Eagle Scout - 1976). SPECIAL AWARDS Crisis Communicator of the Year for 1999 - Awarded by The Florida Public Relations Association. TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. X DATE: 11/23/10 AGENDA REQUEST REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Faye W. Outlaw, M, Administration County Administrator Chamber of Commerce Board of Directors — Change of appointment made by the Chairman. See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Recommendation to approve, by motion, the appointment made by the Chairman. COMMISSION ACTION: j APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney (X) Originating Dept. (X) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel McIntyre Faye W. Outlaw, MPA (X) Purchasing (X) Marie Gouin Robert O'Sullivan Melissa Simberlund Administration MEMORANDUM TO: Board of County Commissioners FROM: Faye W. Outlaw, MPA, County Administr, DATE: November 23, 2010 SUBJECT: Chamber of Commerce Board of Directors - Change of appointment ITEM NO. X Background: At the Annual Reorganization meeting held on November 16, 2010 the Chairman appointed Commissioner Hutchinson to the Chamber of Commerce Board of Directors. The Chairman is changing this appointment to Commissioner Mowery. Recommendation: Staff recommends approval, by motion, of the appointment made by the Chairman. C�i7�ti7-1 MOSQUITO CONTROL DISTRICT www. co. st-I u ci e. f l. u s www.stlucieco.org tatr���tuuuuiil;e�t�ttuirii�r��afai��u�l�f��au>I�xa��tt�u;fuah�f��tle>ia�h��tull>algal[�auttu�l�l'tutl<�n�a�l�h�t> �u�t Chris Dzadovsky, Chairman District No. 1 Tod Mowery, Vice Chair District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 MINUTES Approve the minutes from the October 26, 2010 meeting. Approve the minutes from the November 16, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 5, 6, 7 and 8 B. MANAGEMENT & BUDGET/PURCHASING Amendment to the Telemetry Equipment Monitoring and Maintenance Services Consider staff recommendation to approve the first amendment to Contract no. C09-11-492 with Locher Environmental Technology, LLC. extending the term through November 26, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be 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 26, 2010 Convened:10:31 a.m. Adjourned: 10:32 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Doug Coward, Paula A. Lewis, Charles Grande, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Marie Gouin, OMB Director, Millie Delgado - Feliciano, Deputy Clerk MINUTES Approve the minutes from the October 12, 2010 meeting. It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held October 12, 2010, and; upon roll call, motion carried unanimously. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 55, 56, 3 and 4. The Board approved Warrant List Nos. 55,56,3 and 4. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA RE -ORGANIZATION MEETING Date: November 16, 2010 Convened: 9:50 a.m. Adjourned: 9:53 a.m. Commissioners Present: Chris Craft, Paula A. Lewis, Frannie Hutchinson, Chris Dzadovsky, Tod Mowery Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Joseph E. Smith, Clerk of the Circuit Court, Millie Delgado - Feliciano, Deputy Clerk 3. REORGANIZATION CONTINUED C. SPECIAL MEETINGS TO ELECT THE CHAIRMAN AND VICE-CHAIRMAN OF THE FOLLOWING BOARDS WILL BE HELD AT THIS TIME: MOSQUITO CONTROL DISTRICT 1. The Clerk of the Court presided and called for nominations for the Chairman of the Mosquito Control District. It was moved by Com. Craft, seconded by Com. Mowery, to nominate Com. Dzadovsky, as Chairman of the Mosquito Control District, and; upon roll call, motion carried unanimously. 2. The Chairman presided and called for nominations for the Vice -Chairman of the Mosquito Control District. It was moved by Com.Craft, seconded by Com. Hutchinson, to nominate Com. Mowery, as Vice -Chairman of the Mosquito Control Board, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Mosquito Control District, the meeting was adjourned. Chairman Clerk of the Circuit Court 10/29/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #5 - 23-OCT-2010 TO 29-OCT-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 7,703.73 GRAND TOTAL: 7,703.73 PAGE 1 33,847.41 33,847.41 11/05/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #6 - 30-OCT-2010 TO 05-NOV-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 32,874.33 0.00 145125 NACoRF Spoil Island SL-3 Restor. 9,752.10 0.00 GRAND TOTAL: 42,626.43 0.00 11/12/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #7 - 06-NOV-2010 TO 12-NOV-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 12,163.52 GRAND TOTAL: 12,163.52 PAYROLL 32,252.54 32,252.54 11/19/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #8 - 13-NOV-2010 TO 19-NOV-2010 FUND SUMMARY- MOSQUITO FEND TITLE EXPENSES 145 Mosquito Fund 60,010.79 GRAND TOTAL: 60,010.79 PAGE 1 PAYROLL 0.00 0.00 ITEM NO. III-B DATE: 11 /23/10 �. AGENDA REQUEST REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) TO: ST. LUCIE COUNTY MOSQUITO CONTROL PRESENTED BY: DISTRICT Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director AA SUBJECT: Amendment to the Telemetry Equipment Monitoring and Maintenance Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-546000-600 — Equipment Maintenance PREVIOUS ACTION: October 13, 2009 - Mosquito Control District approved award of contract RECOMMENDATION: Board approval of the first amendment to Contract No. C09-11-492 with Locher Environmental Technology, LLC. extending the term through November 26, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER County Attorney ( X) Approved 5.0 Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Budget Analyst Purchasing (X) _ " Mosquito Control Melissa Simberlund (X) TaW . na Johnson (X) t 1 �J Jim David Office of Management j = & Budget/Purchasing e • MEMORANDUM TO: St. Lucie County Mosquito Control District _ 1 FROM: Marie M. Gouin, Director I DATE: November 23, 2011 SUBJECT: Amendment to the Telemetry Equipment Monitoring and Maintenance Services ITEM NO. III-B Background: Telemetry equipment manufactured by Campbell Scientific, Inc. is used on Mosquito Control Impoundments to relay and record water level, rainfall, pump operation and aerator data. This equipment and its operating software require daily monitoring and monthly maintenance oversight to ensure proper performance measures are met. Locher Environmental Technologies, LLC. provides that services as a sole source, authorized manufacturer's representative and supplier of Campbell Scientific, Inc. products in Florida. The initial one-year contract, in the amount of $69,461.67 will expire on November 26, 2010. There are two one-year renewal options available on the contract. This first renewal term will cost the County $59,544.44 and will extend the contract through November 26, 2011. Attachment "A" — First amendment to Contract C09-11-492 Recommendation: Board approval of the first amendment to Contract No. C09-11-492 with Locher Environmental Technology, LLC. extending the term through November 26, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. C 09-11-492 FIRST AMENDMENT TO THE OCTOBER 13, 2009 CONTRACT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND LOCHER ENVIRONMENTAL TECHNOLOGY, LLC THIS FIRST AMENDMENT, is made and entered into this day of , 2010, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, (the "District") and LOCHER ENVIRONMENTAL TECHNOLOGY, LLC., or his, its or their successors, executors, administrators, and assigns, (the "Contractor"). WHEREAS, on October 13, 2009 the parties entered into a contract whereby the Contractor agreed to provide for the MAINTENANCE OF PUMP STATION MONITORING NETWORK; and, WHEREAS, the parties desire to amend the contract to exercise the first one-year renewal option extending the contract through November 26, 2011. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERMS shall be amended to read as follows: 6. TERMS The term of this contract shall be for s period of two (2) years and begin on November 27, 2009. The Contract may be renewed upon the same terms and conditions for one (1) additional one-year period upon the mutual agreement of both parties. 2. Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: 7. CONTRACT PAYMENT The District shall pay the Contractor for the performance of this Contract as billed, approved by the District's Project Manager, and completion of the work in accordance with the Contract Documents, subject to adjustment by change order as follows: Year 1 Period 11/27/09 to 11/26/10 $ 69,461.67 Year 2 Period 11/27/10 to 11/26/11 $ 59,544.44 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. 1 C09-11-492 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK WITNESSES: C� ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT M CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY LOCHER ENVIRONMENTAL TECHNOLOGY, LLC BY: PRINT NAME: _�- TITLE: A-11 i t C to 2 Locher Environmental P.O. Box 40 Placida, FL 33946 www.locherenv.com October 07, 2010 Attn: Jim David St Lucie Mosquito Control District 3150 Will Fee Road Ft Pierce, FL 34951 RE: Annual Maintenance; Monitoring System Network Mr. David, Proposal # 100710 We are pleased to provide the following scope of services for the 2010 - 2011 maintenance, to include the monitoring for the Bear Point Network and the Pump Station Network. Maintenance of existing Bear Point Monitoring Network and Pump Station Monitoring Network: A. The Campbell Scientific Network operating with the GPRS provides the ability for remote data monitoring of all recorded sensors. Our office maintains an in-house server with LoggerNet and VDV operating software. The LE (Locher Environmental) Server will automatically collect data from the (4) Bear Point Stations and (25) existing Pump Stations on a (1) hour scheduled interval. B. Each morning, an LE Technician will review the latest data from the stations for a verification of normal operation. C. If abnormalities exist, an email within 24 hours will be sent detailing the problem with a solution. D. If a trip is required, a date will be scheduled and coordinated with MCD. LE shall remedy the failure within two weeks. E. LE shall submit a scope of work for review at least 1 business day prior to the site visit. LE shall complete the scope of work within one week after the site visit is complete. F. LE shall respond to MCD requests for information within one week. G. The monthly maintenance shall include site verification / adjustment of actual water elevations for QA, 6- month replacement of enclosure desiccant with (2) per enclosure, 6-month removal of Level Transducers for cleaning, yearly replacement of Level Transducer desiccant cartridges. H. MCD shall not provide assistance with maintenance, except for stations accessible only by boat. I. The maintenance costs and serviceable parts are listed on the following page: 2010 VDV Software Maintenance $ 698.00 2010 Campbell Scientific Software Maintenance for LoggerNet 3.X $ 349.00 2010 Server Software Configuration @ 1/2-day: $ 450.00 2010 Bear Point Yearly System Monitoring @ avg. 0.50 hrs / week (26 hrs/yr @ $85/hr): $ 2,210.00 2010 Bear Point Yearly On -Site Maintenance, 0.5 day / month (6 days/yr @ $890/day): $ 5,340.00 2010 Pump Station Yearly System Monitoring @ avg. 2.00 hrs / week (104 hrs/yr @ $85/hr): $ 8,840.00 2010 Pump Station Yearly On -Site Maintenance, 3.00 days / month (36 days/yr @ $890/day): $32,040.00 44ea. Level Transducer Desiccant @ $25/each: $ 1,100.00 68ea. Enclosure Desiccant Packets @ $4/each: $ 272.00 SubTotal: $51,299.00 Maintenance Instrumentation required for 2010 — 2011: tea Cellular RAVEN GPRS Modem $ 1,490.00 3ea GPRS Surge Protection w/TNC Jumper for Modem $ 405.00 3ea.Omni Antenna, Low -Profile, 3 dB, w/ mount $ 465.00 3ea Antenna Cable, 20 ft length $ 219.00 2ea 20-Watt Solar Panel, J-Box style, w/ mount $ 960.00 4ea AC Line Monitor 3-PH Power 240VAC $ 300.00 4ea Battery 12 aH $ 276.00 4ea Current Transducer for Pump Status/Operation Monitoring $ 440.00 3ea KPSI Titanium Pres Transducer, 10PSI, 20 Ft $ 3,510.00 lea Shipping and Handling $ 180.44 SubTotal: $8,245.44 Total Maintenance for 2010 — 2011: $59,544.44 (Emergency On -Call Response / Maintenance @ standard rate of $890.00 /day) Terms: Net 30; FOB: Factory, PP&A; Delivery: 4 Weeks; Federal ID: 59-3759481 Kevin Locher Locher Environmental Technology, LLC P.O. Box 40 Pladda, FL 33946 Phone: (941) 697-1483 Fax: (443) 347-0534 E-mail: info(Ealod�erenv.com EROSION CONTROL EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.orq Frannie Hutchinson, Chairman District No. 4 Tod Mowery, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 MINUTES Approve the minutes from the October 26, 2010 meeting. Approve the minutes from the November 16, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 5, 6, 7 and 8. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 26, 2010 Convened:10:32a.m. Adjourned: 10:33 a.m. Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Doug Coward, Paula A. Lewis, Charles Grande, Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Marie Gouin, OMB Director, Millie Delgado. Feliciano, Deputy Clerk I. MINUTES Approve the minutes from the October 12, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held October 12, 2010, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 55, 3 The Board approved Warrant List Nos. 55,3 There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court EROSION CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA RE -ORGANIZATION MEETING Date: November 16, 2010 Convened: 9:53 a.m. Adjourned: 9:55 a.m. Commissioners Present: Chris Craft, Paula A. Lewis, Frannie Hutchinson, Chris Dzadovsky, Tod Mnwary Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Joseph E. Smith, Clerk of the Circuit Court, Millie Delgado - Feliciano, Deputy Clerk EROSION DISTRICT 1. The Clerk of the Court presided and called for nominations for the Chairman of the Erosion District. It was moved by Com. Craft, seconded by Com. Lewis, to nominate Com. Hutchinson as Chairman of the Erosion District, and; upon roll call, motion carried unanimously. 2. The Chairman presided and called for nominations for the Vice -Chairman of the Erosion District. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to nominate Com. Mowery, as Vice -Chairman of the Erosion District, and; upon roll call, motion carried unanimously. There being no further bu siness to be brought before the Erosion District, the meeting was adjourned. Chairman Clerk of the Circuit Court 10/29/10 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #5 - 23-OCT-2010 TO 29-OCT-2010 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund EXPENSES PAGE 1 PAYROLL 6,399.17 4,762.85 11/05/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #6 - 30-OCT-2010 TO 05-NOV-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 7,853.49 0.00 11/12/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR FUND TITLE WARRANT LIST #7 - 06-NOV-2010 TO 12-NOV-2010 FUND SUMMARY- EROSION 184 Erosion Control Operating Fund GRAND TOTAL: EXPENSES 1,331.91 1,331.91 PAYROLL 4, 613.49 4, 613.49 11/19/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #8 - 13-NOV-2010 TO 19-NOV-2010 FUND SUMMARY- EROSION AND TITLE EXPENSES 184 Erosion Control Operating Fund 9.10 PAYROLL 0.00 ENVIRONMENTAL CONTROL BOARD ENVIRONMENTAL CONTROL BOARD www.co.st-lucie.fl.us www.stiucieco.org Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chairman District No. 3 Chris Dzadovsky District No. 1 Frannie Hutchinson District No. 4 Chris Craft, Chairman District No. 5 MINUTES Approve the minutes from the November 16, 2010 meeting. II. GENERAL PUBLIC COMMENT 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. ENIRONMENTAL CONTROL BOARD ST. LUCIE COUNTY, FLORIDA RE -ORGANIZATION MEETING Date: November 16, 2010 Convened: 9:55 a.m. Adjourned: 9:56 a.m. Commissioners Present: Chris Craft, Paula A. Lewis, Frannie Hutchinson, Chris Dzadovsky, Tod Mowery Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Joseph E. Smith, Clerk of the Circuit Court, Millie Delgado - Feliciano, Deputy Clerk ENVIRONMENTAL CONTROL BOARD 1. The Clerk of the Court presided and called for nominations for the Chairman of the Environmental Control Board. It was moved by Com. Hutchinson, seconded by Com. Craft, to nominate Com. Mowery, as Chairman of the Environmental Control Board, and; upon roll call, motion carried unanimously. 2. The Chairman presided and called for nominations for the Vice -Chairman of the Environmental Control Board. It was moved by Com. Craft, seconded by Com. Dzadovsky, to nominate Com. Lewis, as Vice -Chairman of the Environmental Control Board, and; upon roll call, motion carded unanimously. There being no further business to be brought before the Environmental Control Board, the meeting was adjourned. Chairman Clerk of the Circuit Court