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September 27, 2016 - Regular MeetingSeptember 27, 2016 - Regular MeetingSeptember 27, 2016 - Regular MeetingSeptember 27, 2016 - Regular Meeting
BOARD OF COUNTY COMMISSIONERS PORT AUTHORITY
AGENDA and
NOTICE OF PUBLIC MEETING
MEETING CALLED TO ORDER (Vanessa Baugh, Chairman) INVOCATION (The commission does not endorse the religious beliefs of any speaker.)
1. Invocation led by Pastor Don Sturiano, Kingdom Life Christian Church
PLEDGE OF ALLEGIANCE ANNOUNCEMENTS
Items Scheduled for Time Certain
2. 1:30 P.M. - ITEM #35 - Invitation to Negotiate (ITN) 15-1162CP: Convention Hotel
A. AWARDS/PRESENTATIONS/PROCLAMATIONS
Awards
3. Retirement Award - Marcia Bacon
Presentations
4. 2017 World Rowing Championships - Update
Proclamations (Motion required to adopt proclamations)
5. Manufacturing Awareness Month - October 2016
www.mymanatee.orgwww.mymanatee.orgwww.mymanatee.orgwww.mymanatee.org
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 1 of 8
Attachment: Manufacturing Awareness Month Proclamation.pdf
CITIZEN COMMENTS (Consideration for Future Agenda Items - 30-Minute Time Limit)
Each person will be limited to three (3) minutes. If the thirty (30) minute time period has been exhausted, the Board will entertain any remaining comments near the end of the meeting with the same three (3) minute per person time limitation.
6. Citizen Comments
REQUEST BY COMMISSIONERS (Items to be pulled from Consent Agenda) CITIZEN COMMENTS (Consent Agenda Items Only)
Each person wishing to speak to Consent Agenda items will be limited to three (3) minutes per item; provided, however, that each person will be limited to speaking for a total of ten (10) minutes regardless of the number of items being discussed.
7. Citizen Comments
B. CONSENT AGENDA
Clerk of Circuit Court
8. Clerk's Consent Agenda
Attachment: 20160927 Clerk's Consent Calendar.pdf Attachment: Minutes - Aug 16 WS.pdf Attachment: Minutes - Aug 23.pdf Attachment: Minutes - Aug 25.pdf Attachment: Minutes - Sep 8.pdf Attachment: Minutes - Sep 15.pdf Attachment: Refund - Bureau of Design and Construction FDEP.pdf Attachment: Refund - Highland Holdings Lot 26.pdf Attachment: Refund - Neal Communites of Southwest Florida LLC.pdf Attachment: Refund - N. Florida Government Properties.pdf Attachment: Refund - Pulte Homes.pdf Attachment: Refund - Rinehart Homes Lot 23.pdf Attachment: Refund - Rinehart Homes Lot 1.pdf Attachment: Refund - Rinehart Homes Lot 42.pdf Attachment: Partial Release of Special Improvement Lien.pdf Attachment: Contract - Amscot.pdf Attachment: Report - Forest Creek.pdf Attachment: Report - GrayHawk Landing CDD - Resolution.pdf Attachment: Report - Greyhawk Landing CDD - Budget.pdf Attachment: Report - Mosquito Control.pdf Attachment: Report - SWFWMD.pdf Attachment: Report - Summer Woods.pdf Attachment: Report - Waters Edge.pdf
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 2 of 8
Attachment: Bond List August 2016.pdf
Administrator
9. 2017 Board of County Commissioners Meeting Schedule
Attachment: 2017 BCC Meeting Schedule.pdf
Attorney
10. Craig Davis v. Manatee County – Case No. 2015-CA-345 * DeCarlo
Attachment: Mediated Settlement Agreement.pdf Attachment: Settlement Agreement and Relase of All Claims.pdf Attachment: Authorization Form (HIPPA)_Davis.pdf
11. Force Main 1M Rehabilitation (Project No. 6085780); Permanent Utilities & Temporary Construction Easement Agreements with Lake Flores I, LLC * D'Agostino
Attachment: Lake Flores PUEA Final 9.16.16.pdf Attachment: Lake Flores TCEA Final 9.16.16.pdf
12. Purchase of Excess Workers' Compensation and Excess Liability Insurance * Palmer
Attachment: MCBOCC 16-17 Excess WC-Liability Proposal Revised 08.04.16.pdf
Building and Development Services
13. Reduction of Code Enforcement Fines for Thomas W. Hoppman - PIN#6201400006 - Address: 6315 Wellesley Drive, Bradenton, FL. 34207
Attachment: 2016-9-27 Hoppman CE2015110102 & 114 & 115.pdf
14. Reduction of Code Enforcement Fines for Donald Walter Tropila, Anthony and Robert Michael Tropila PIN#4736000003 - Address: 2619 6th St E, Bradenton, FL. 34208
Attachment: 2016-9-27 Tropila CE1991040270 & CE2015050244.pdf
Community Services
15. Agreement with Manatee Community Foundation
Attachment: Capital Contract FY 2017-FY 2021.pdf
16. Manatee County Health Department FY 2016-2017 State/County Contract
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 3 of 8
Attachment: Health Department Contract FY 2017.pdf
Convention and Visitors Bureau
17. Agreement #16-231 with the Sarasota Orchestra Friends
Attachment: Agreement #16-231 for board approval.pdf
Financial Management
18. Assignment of Virgo, LLC, Impact Fee Credit Authorization #CA-08-02(T) to 4420 Partners, LLC, Impact Fee Credit Authorization #CA-08-02(T)(R)
Attachment: Amended FAC Virgo LLC.pdf Attachment: New FAC 4420 Partners LLC.pdf Attachment: Original FAC Virgo LLC 6-24-2008.pdf Attachment: Notarized Assignment Virgo to 4420 Partners.pdf
19. Authorization to Write Off Uncollectible Checks
20. FY16 Budget Amendment Resolutions
Attachment: B-16-087 Resolution and Narrative.pdf
Human Resources
21. 2017 Medical and Dental Premium Rates - Active and Retiree
Attachment: 2017 Med Dental Fees .pdf Attachment: 2017 Prescription Benefit .pdf Attachment: 2017 Retiree Medicalx.pdf
Parks and Natural Resources
22. Fee Schedule - Parks and Natural Resources
Attachment: Resolution R-16-140 Fee Schedule.pdf Attachment: P&NRD Proposed Fee Schedule with Strike-throughs_September 27, 2016.pdf Attachment: P&NRD Proposed Fee Schedule_September 27, 2016.pdf
23. Lake Manatee Water Supply and Water Quality Improvement Phase 2 Project * Clague
Attachment: DEP Agreement LP41016 with edits.pdf Attachment: CAO Written Comments RLS-2016-0648.pdf Attachment: B-16-088 09.27.16 Lake Manatee Watershed.pdf
Property Management
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 4 of 8
24. Consent of Property Owner from Manatee County for a portion of unimproved right-of-way known as Kay Road * Clague
Attachment: Watercolor Place CDD-Consent of Property Owner .pdf Attachment: Kay Rd - Watercolor Place CDD - Loc map.pdf
25. Permanent Sidewalk Easement from Elisa Luna and Jesus Castaneda for property located at 1120 30th Avenue East, Bradenton, Florida; PID 4715500007
Attachment: Permanent Sidewalk Easement Luna & Castaneda Parcel 811.pdf Attachment: Consent to Easement Luna & Castaneda Parcel 811 .pdf Attachment: Parcel 811 Luna and Castaneda Location Map.pdf
26. Permanent Sidewalk Easement from Horace Jackson for property located at 1404-1406 30th Avenue East, Bradenton, Florida: PID 4709500153
Attachment: Permanent Sidewalk Easement Jackson Parcel 826.pdf Attachment: Joinder and Consent Jackson Parcel 826 .pdf Attachment: Parcel 826 Jackson Location Map.pdf
27. Permanent Utilities Easement between RaceTrac Petroleum, Inc., and Manatee County for property located at 3004 53rd Avenue East, Bradenton, Florida 34203, PID 1775100009 * D'Agostino
Attachment: RaceTrac-State Road 70_Permanent Utilities Easement.pdf Attachment: RaceTrac-State Road 70_Affidavit of Ownership and Encumbrances.pdf Attachment: RLS Response Memo dtd 4-8-16.pdf Attachment: Racetrac - SR 70 E - Water UE - loc map.pdf
28. Quitclaim Deed, Permanent Drainage Easement, and Temporary Construction Easement between Manatee County and Team Edition Apparel, Inc., for the 44th Avenue East (19th Street Court East to 30th Street East) Project * D'Agostino
Attachment: Quitclaim Deed.pdf Attachment: Permanent Drainage Easement.pdf Attachment: Temporary Construciton Easement.pdf Attachment: FPL Easement.pdf Attachment: RLS Response Memo to CAO Matter No. 2016-0074.pdf Attachment: Location Map.pdf
Public Works
29. Utility Work Agreement * D'Agostino
Attachment: 201032-6-56-13 MCIT UWA_(ITS).pdf Attachment: Resolution_2016.pdf Attachment: Response to CAO Matter No. 2016-0669.pdf
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 5 of 8
Utilities
30. Time Payment Agreements
Attachment: Agreement for Time Payment - Peebles #1582.pdf Attachment: Agreement for Time Payment - Peebles #1583.pdf Attachment: Agreement for Time Payment - Harwick #1584.pdf
31. Write-Off of Bad Debt
Attachment: Tort Claim Writeoffs.pdf Attachment: Landfill NSF Checks Writeoffs.pdf Attachment: FY16 Q4 Estimate-revised 9-15-16.pdf
APPROVAL OF CONSENT AGENDA
32. Motion to Approve Consent Agenda
C. ADVISORY BOARD APPOINTMENTS
Community Services
33. Health Council of West Central Florida
Attachment: HCWCF Application Matrix.pdf Attachment: Ray Dielman.pdf Attachment: Eric Folkens.pdf Attachment: Adam Hernandez.pdf Attachment: Kimberly Sand.pdf Attachment: Charles Ward.pdf
34. Healthcare Advisory Board
Attachment: Members 09272016.pdf Attachment: Healthcare Advisory Board Application Matrix.pdf Attachment: Adam Hernandez.pdf Attachment: Arthur Margolis.pdf Attachment: Diana Berry.pdf Attachment: Emily Smithson.pdf Attachment: Kimberly Sand.pdf Attachment: Leonides Teves.pdf Attachment: Lois Levine.pdf Attachment: Lori Dengler.pdf Attachment: Philip Brown.pdf Attachment: Ray Dielman.pdf Attachment: Sandy Marshall.pdf Attachment: Tom Skoloda.pdf
PORT AUTHORITY (Betsy Benac, Chairman)
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 6 of 8
D. ADVERTISED PUBLIC HEARINGS (Presentations Upon Request) E. ADVERTISED PUBLIC HEARINGS (Presentation Scheduled) F. REGULAR
Financial Management (1:30 P.M. TIME CERTAIN)
35. Invitation to Negotiate (ITN) 15-1162CP: Convention Hotel * Clague
Attachment: BACC Hotel Master Development Agreement Final Accepted Doc.pdf Attachment: Zac Henson resume.pdf Attachment: Goodman Bio INDP.pdf Attachment: DeRusso Bio INDP.pdf
Parks and Natural Resources
36. Perico Preserve Seagrass Basin Mitigation
Attachment: Seagrass Valuation Memo.pdf Attachment: Table - Perico Seagrass Valuation 20160525.pdf Attachment: Watershed.pdf Attachment: Fig. 1 - Lido HSDR Seagrass Resources.pdf Attachment: Basin Area from USACE Plans.pdf Attachment: Donor Reference Exhibit 20160829 DRAFT v1.pdf Attachment: Perico Seagrass Reference Map.pdf Attachment: Perico Preserve - Letter from City of Sarasota.pdf Attachment: Letter to FDEP.pdf
G. REPORTS
Administrator
37. Dashboard Report for August 2016
Attachment: August 2016 Dashboards.pdf Attachment: PSCC_AUG 16.pdf
COMMISSIONER AGENDA
38. Consideration of an Animal Abuser Registry Ordinance - Commissioner Whitmore
CITIZEN COMMENTS (Continuation of Consideration for Future Agenda Items, if Needed) COMMISSIONER COMMENTS ADJOURN
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 7 of 8
The Board of County Commissioners of Manatee County, Florida, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the Board's functions including one's access to, participation in, employment with, or treatment in its programs or activities. Anyone requiring reasonable accommodation for this meeting as provided for in the Americans with Disabilities Act, should contact Kaycee Ellis at 742-5800; TDD ONLY 742-5802, wait 60 seconds; FAX 745-3790.
The Board of County Commissioners of Manatee County and the Manatee County Port Authority may elect not to convene, if no business is scheduled; however, each reserves the right to take action on any matter during its meeting, including items not set forth within this agenda. The Chair of each governing body at his/her option may take business out of order if he/she determines that such a change in the schedule will expedite the business of the governing body.
All public comment on quasi-judicial agenda items is required to be under oath and must occur at a duly noticed public hearing. The Citizens' Comments portion of the agenda is not an advertised public hearing, and no comments on quasi-judicial agenda items are authorized during the Citizens' Comments portion of the agenda.
PUBLIC NOTICE: According to Florida Statutes, Section 286.0105, any person desiring to appeal any decision made by the Board of County Commissioners (or the other entities that are meeting) with respect to any matter considered at said public hearing/meeting will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based.
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 8 of 8
REVISED September 27, 2016 - Regular MeetingREVISED September 27, 2016 - Regular MeetingREVISED September 27, 2016 - Regular MeetingREVISED September 27, 2016 - Regular Meeting
BOARD OF COUNTY COMMISSIONERS PORT AUTHORITY
AGENDA and
NOTICE OF PUBLIC MEETING
MEETING CALLED TO ORDER (Vanessa Baugh, Chairman) INVOCATION (The commission does not endorse the religious beliefs of any speaker.)
1. Invocation led by Pastor Don Sturiano, Kingdom Life Christian Church
PLEDGE OF ALLEGIANCE ANNOUNCEMENTS
Items Scheduled for Time Certain
2. 1:30 P.M. - ITEM #35 - Invitation to Negotiate (ITN) 15-1162CP: Convention Hotel
Changes to Agenda
39. Updates to Agenda
Attachment: 20160927 Update Memo.pdf
A. AWARDS/PRESENTATIONS/PROCLAMATIONS
Awards
3. Retirement Award - Marcia Bacon
Presentations
www.mymanatee.orgwww.mymanatee.orgwww.mymanatee.orgwww.mymanatee.org
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 1 of 8
4. 2017 World Rowing Championships - Update
Proclamations (Motion required to adopt proclamations)
5. Manufacturing Awareness Month - October 2016
Attachment: Manufacturing Awareness Month Proclamation.pdf
CITIZEN COMMENTS (Consideration for Future Agenda Items - 30-Minute Time Limit)
Each person will be limited to three (3) minutes. If the thirty (30) minute time period has been exhausted, the Board will entertain any remaining comments near the end of the meeting with the same three (3) minute per person time limitation.
6. Citizen Comments
REQUEST BY COMMISSIONERS (Items to be pulled from Consent Agenda) CITIZEN COMMENTS (Consent Agenda Items Only)
Each person wishing to speak to Consent Agenda items will be limited to three (3) minutes per item; provided, however, that each person will be limited to speaking for a total of ten (10) minutes regardless of the number of items being discussed.
7. Citizen Comments
B. CONSENT AGENDA
Clerk of Circuit Court
8. Clerk's Consent Agenda
Attachment: 20160927 Clerk's Consent Calendar.pdf Attachment: Minutes - Aug 16 WS.pdf Attachment: Minutes - Aug 23.pdf Attachment: Minutes - Aug 25.pdf Attachment: Minutes - Sep 8.pdf Attachment: Minutes - Sep 15.pdf Attachment: Refund - Bureau of Design and Construction FDEP.pdf Attachment: Refund - Highland Holdings Lot 26.pdf Attachment: Refund - Neal Communites of Southwest Florida LLC.pdf Attachment: Refund - N. Florida Government Properties.pdf Attachment: Refund - Pulte Homes.pdf Attachment: Refund - Rinehart Homes Lot 23.pdf Attachment: Refund - Rinehart Homes Lot 1.pdf Attachment: Refund - Rinehart Homes Lot 42.pdf Attachment: Partial Release of Special Improvement Lien.pdf Attachment: Contract - Amscot.pdf Attachment: Report - Forest Creek.pdf
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 2 of 8
Attachment: Report - GrayHawk Landing CDD - Resolution.pdf Attachment: Report - Greyhawk Landing CDD - Budget.pdf Attachment: Report - Mosquito Control.pdf Attachment: Report - SWFWMD.pdf Attachment: Report - Summer Woods.pdf Attachment: Report - Waters Edge.pdf Attachment: Bond List August 2016.pdf
Administrator
9. 2017 Board of County Commissioners Meeting Schedule
Attachment: 2017 BCC Meeting Schedule.pdf
Attorney
10. Craig Davis v. Manatee County – Case No. 2015-CA-345 * DeCarlo
Attachment: Mediated Settlement Agreement.pdf Attachment: Settlement Agreement and Relase of All Claims.pdf Attachment: Authorization Form (HIPPA)_Davis.pdf
11. Force Main 1M Rehabilitation (Project No. 6085780); Permanent Utilities & Temporary Construction Easement Agreements with Lake Flores I, LLC * D'Agostino
Attachment: Lake Flores PUEA Final 9.16.16.pdf Attachment: Lake Flores TCEA Final 9.16.16.pdf
12. Purchase of Excess Workers' Compensation and Excess Liability Insurance * Palmer
Attachment: MCBOCC 16-17 Excess WC-Liability Proposal Revised 08.04.16.pdf
Building and Development Services
13. Reduction of Code Enforcement Fines for Thomas W. Hoppman - PIN#6201400006 - Address: 6315 Wellesley Drive, Bradenton, FL. 34207
Attachment: 2016-9-27 Hoppman CE2015110102 & 114 & 115.pdf
14. Reduction of Code Enforcement Fines for Donald Walter Tropila, Anthony and Robert Michael Tropila PIN#4736000003 - Address: 2619 6th St E, Bradenton, FL. 34208
Attachment: 2016-9-27 Tropila CE1991040270 & CE2015050244.pdf
Community Services
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 3 of 8
15. Agreement with Manatee Community Foundation
Attachment: Capital Contract FY 2017-FY 2021.pdf
16. Manatee County Health Department FY 2016-2017 State/County Contract
Attachment: Health Department Contract FY 2017.pdf
Convention and Visitors Bureau
17. Agreement #16-231 with the Sarasota Orchestra Friends
Attachment: Agreement #16-231 for board approval.pdf
Financial Management
18. Assignment of Virgo, LLC, Impact Fee Credit Authorization #CA-08-02(T) to 4420 Partners, LLC, Impact Fee Credit Authorization #CA-08-02(T)(R)
Attachment: Amended FAC Virgo LLC.pdf Attachment: New FAC 4420 Partners LLC.pdf Attachment: Original FAC Virgo LLC 6-24-2008.pdf Attachment: Notarized Assignment Virgo to 4420 Partners.pdf
19. Authorization to Write Off Uncollectible Checks
20. FY16 Budget Amendment Resolutions
Attachment: B-16-087 Resolution and Narrative.pdf
Human Resources
21. 2017 Medical and Dental Premium Rates - Active and Retiree
Attachment: 2017 Med Dental Fees .pdf Attachment: 2017 Prescription Benefit .pdf Attachment: 2017 Retiree Medicalx.pdf
Parks and Natural Resources
22. Fee Schedule - Parks and Natural Resources
Attachment: Resolution R-16-140 Fee Schedule.pdf Attachment: P&NRD Proposed Fee Schedule with Strike-throughs_September 27, 2016.pdf Attachment: P&NRD Proposed Fee Schedule_September 27, 2016.pdf
23. Lake Manatee Water Supply and Water Quality Improvement Phase 2 Project * Clague
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 4 of 8
Attachment: DEP Agreement LP41016 with edits.pdf Attachment: CAO Written Comments RLS-2016-0648.pdf Attachment: B-16-088 09.27.16 Lake Manatee Watershed.pdf
Property Management
24. Consent of Property Owner from Manatee County for a portion of unimproved right-of-way known as Kay Road * Clague
Attachment: Watercolor Place CDD-Consent of Property Owner .pdf Attachment: Kay Rd - Watercolor Place CDD - Loc map.pdf Attachment: Email from Assistant County Attorney William Clague.pdf
25. Permanent Sidewalk Easement from Elisa Luna and Jesus Castaneda for property located at 1120 30th Avenue East, Bradenton, Florida; PID 4715500007
Attachment: Permanent Sidewalk Easement Luna & Castaneda Parcel 811.pdf Attachment: Consent to Easement Luna & Castaneda Parcel 811 .pdf Attachment: Parcel 811 Luna and Castaneda Location Map.pdf
26. Permanent Sidewalk Easement from Horace Jackson for property located at 1404-1406 30th Avenue East, Bradenton, Florida: PID 4709500153
Attachment: Permanent Sidewalk Easement Jackson Parcel 826.pdf Attachment: Joinder and Consent Jackson Parcel 826 .pdf Attachment: Parcel 826 Jackson Location Map.pdf
27. Permanent Utilities Easement between RaceTrac Petroleum, Inc., and Manatee County for property located at 3004 53rd Avenue East, Bradenton, Florida 34203, PID 1775100009 * D'Agostino
Attachment: RaceTrac-State Road 70_Permanent Utilities Easement.pdf Attachment: RaceTrac-State Road 70_Affidavit of Ownership and Encumbrances.pdf Attachment: RLS Response Memo dtd 4-8-16.pdf Attachment: Racetrac - SR 70 E - Water UE - loc map.pdf
28. Quitclaim Deed, Permanent Drainage Easement, and Temporary Construction Easement between Manatee County and Team Edition Apparel, Inc., for the 44th Avenue East (19th Street Court East to 30th Street East) Project * D'Agostino
Attachment: Quitclaim Deed.pdf Attachment: Permanent Drainage Easement.pdf Attachment: Temporary Construciton Easement.pdf Attachment: FPL Easement.pdf Attachment: RLS Response Memo to CAO Matter No. 2016-0074.pdf Attachment: Location Map.pdf
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 5 of 8
Public Works
29. Utility Work Agreement * D'Agostino
Attachment: 201032-6-56-13 MCIT UWA_(ITS).pdf Attachment: Resolution_2016.pdf Attachment: Response to CAO Matter No. 2016-0669.pdf
Utilities
30. Time Payment Agreements
Attachment: Agreement for Time Payment - Peebles #1582.pdf Attachment: Agreement for Time Payment - Peebles #1583.pdf Attachment: Agreement for Time Payment - Harwick #1584.pdf
31. Write-Off of Bad Debt
Attachment: Tort Claim Writeoffs.pdf Attachment: Landfill NSF Checks Writeoffs.pdf Attachment: FY16 Q4 Estimate-revised 9-15-16.pdf
APPROVAL OF CONSENT AGENDA
32. Motion to Approve Consent Agenda
C. ADVISORY BOARD APPOINTMENTS
Community Services
33. Health Council of West Central Florida
Attachment: HCWCF Application Matrix.pdf Attachment: Ray Dielman.pdf Attachment: Eric Folkens.pdf Attachment: Adam Hernandez.pdf Attachment: Kimberly Sand.pdf Attachment: Charles Ward.pdf
34. Healthcare Advisory Board
Attachment: Members 09272016.pdf Attachment: Healthcare Advisory Board Application Matrix.pdf Attachment: Adam Hernandez.pdf Attachment: Arthur Margolis.pdf Attachment: Diana Berry.pdf Attachment: Emily Smithson.pdf Attachment: Kimberly Sand.pdf Attachment: Leonides Teves.pdf
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 6 of 8
Attachment: Lois Levine.pdf Attachment: Lori Dengler.pdf Attachment: Philip Brown.pdf Attachment: Ray Dielman.pdf Attachment: Sandy Marshall.pdf Attachment: Tom Skoloda.pdf
PORT AUTHORITY (Betsy Benac, Chairman) D. ADVERTISED PUBLIC HEARINGS (Presentations Upon Request) E. ADVERTISED PUBLIC HEARINGS (Presentation Scheduled) F. REGULAR
Financial Management (1:30 P.M. TIME CERTAIN)
35. Invitation to Negotiate (ITN) 15-1162CP: Convention Hotel * Clague
Attachment: BACC Hotel Master Development Agreement executed 92316.pdf Attachment: Zac Henson resume.pdf Attachment: Goodman Bio INDP.pdf Attachment: DeRusso Bio INDP.pdf
Parks and Natural Resources
36. Perico Preserve Seagrass Basin Mitigation
Attachment: Seagrass Valuation Memo.pdf Attachment: Table - Perico Seagrass Valuation 20160525.pdf Attachment: Watershed.pdf Attachment: Fig. 1 - Lido HSDR Seagrass Resources.pdf Attachment: Basin Area from USACE Plans.pdf Attachment: Donor Reference Exhibit 20160829 DRAFT v1.pdf Attachment: Perico Seagrass Reference Map.pdf Attachment: Perico Preserve - Letter from City of Sarasota.pdf Attachment: Letter to FDEP.pdf
G. REPORTS
Administrator
37. Dashboard Report for August 2016
Attachment: August 2016 Dashboards.pdf Attachment: PSCC_AUG 16.pdf
COMMISSIONER AGENDA
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 7 of 8
38. Consideration of an Animal Abuser Registry Ordinance - Commissioner Whitmore
CITIZEN COMMENTS (Continuation of Consideration for Future Agenda Items, if Needed) COMMISSIONER COMMENTS ADJOURN The Board of County Commissioners of Manatee County, Florida, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the Board's functions including one's access to, participation in, employment with, or treatment in its programs or activities. Anyone requiring reasonable accommodation for this meeting as provided for in the Americans with Disabilities Act, should contact Kaycee Ellis at 742-5800; TDD ONLY 742-5802, wait 60 seconds; FAX 745-3790.
The Board of County Commissioners of Manatee County and the Manatee County Port Authority may elect not to convene, if no business is scheduled; however, each reserves the right to take action on any matter during its meeting, including items not set forth within this agenda. The Chair of each governing body at his/her option may take business out of order if he/she determines that such a change in the schedule will expedite the business of the governing body.
All public comment on quasi-judicial agenda items is required to be under oath and must occur at a duly noticed public hearing. The Citizens' Comments portion of the agenda is not an advertised public hearing, and no comments on quasi-judicial agenda items are authorized during the Citizens' Comments portion of the agenda.
PUBLIC NOTICE: According to Florida Statutes, Section 286.0105, any person desiring to appeal any decision made by the Board of County Commissioners (or the other entities that are meeting) with respect to any matter considered at said public hearing/meeting will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based.
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - September 27, 2016
Page 8 of 8
MEMORANDUM
County Administrator’s Office 1112 Manatee Avenue West
Bradenton, FL 34205 Phone number: (941)745-3717
LARRY BUSTLE * CHARLES B. SMITH * JOHN R. CHAPPIE * ROBIN DiSABATINO * VANESSA BAUGH * CAROL WHITMORE * BETSY BENAC
District 1 District 2 District 3 District 4 District 5 District 6 District 7
THIS MEMO AND THE CHANGES INDICATED BELOW ARE REFLECTED IN THE ELECTRONIC AGENDA (E-AGENDA)
CHANGES TO CONSENT AGENDA
COMMUNITY SERVICES 15. Agreement with Manatee Community Foundation – Deferred.
PROPERTY MANAGEMENT 24. Consent of Property Owner from Manatee County for a portion of unimproved right-of-way known as
Kay Road – Email from Assistant County Attorney William Clague, in response to a request for legal services
regarding this right-of-way, was attached to the agenda item.
CHANGES TO REGULAR AGENDA
FINANCIAL MANAGEMENT 35. Invitation to Negotiate (ITN) 15-1162CP: Convention Hotel – The Development Agreement attached to the
agenda was replaced with the final, executed agreement.
To: Ed Hunzeker, County Administrator
From: Diane Vollmer, Agenda Coordinator
Date: September 26, 2016
Subject: Agenda Update for Meeting of September 27, 2016
DEVELOPMENT AGREEMENT
for
A HOTEL IN PALMETTO, MANATEE COUNTY, FLORIDA
by and between
MANATEE COUNTY, FLORIDA
and
IMPROVEMENT NETWORK DEVELOPMENT PARTNERS, LLC
1
DEVELOPMENT AGREEMENT for
A HOTEL IN PALMETTO, MANATEE COUNTY, FLORIDA
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into as of this 27th day of September, 2016, by and between MANATEE COUNTY, a political subdivision of the State of Florida, with a principal place of business at 1112 Manatee Avenue West, Bradenton, Florida, 34205-1000 (the “County”), and IMPROVEMENT NETWORK DEVELOPMENT PARTNERS, LLC, a Texas limited liability corporation with a principal place of business at 817 W Daggett Avenue, Fort Worth, Texas 76104 (the “Developer”) or its assigns, as approved by the County in accordance with terms herein.
WITNESSETH:
WHEREAS, the County caused a public announcement to be made, distributed and published, requesting proposals thorough a competitively issued INVITATION TO NEGOTIATE 15-1162CP, Convention Center Hotel (“ITN”), seeking interest in the development of a hoteladjacent to the County’s Bradenton Area Convention Center (“BACC”), in response to which theDeveloper’s representative and predecessor business organization (SGOODMAN & ASSOCIATES,LLC) submitted a proposal dated October 30, 2015 (“Proposal”) that has resulted in contractnegotiations between County and Developer; and
WHEREAS, the Project maximizes the value of the land and provides economic and community benefits to the citizens of Manatee County; and
WHEREAS, the proposed construction of the Project will facilitate the ability of the BACC to attract high impact conventions, meetings, tradeshows and events; and
WHEREAS, the parties now desire to enter into this Agreement to memorialize their relationship for development of a full service headquarter hotel (“Hotel”) immediately adjacent to the County-owned BACC as more particularly described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
ARTICLE 1 DEFINITIONS AND TERMINOLOGY
1.1. Definitions. The capitalized terms defined in this Article shall have the following meanings when used in this Agreement:
“Agreement” means this Agreement for the development of the Project, including all Exhibits and all amendments, modifications, addenda, supplements and revisions to this Agreement or to any of the Exhibits.
“Building Permit” means the permit, certificate, license or other approval by the City or other
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applicable governmental authority required to be obtained, issued, granted or received as the final such permit, certificate, license or approval prior to commencement of construction or equipping of any existing structure located on the Project Site.
“Capitalized Costs” means all costs, hard and soft, customary to the development of real estate.
“Certificate of Occupancy” means that document which, upon satisfactory completion of a building, structure, electrical, gas, mechanical or plumbing system, may be issued by the City’s building official, certifying that the Project is suitable for temporary or final occupancy.
“City” means the City of Palmetto, a Florida municipal corporation.
“Commencement Date” means the date when the Developer begins the construction of the Project pursuant to the Building Permit.
“Completion Date” means the date when construction of the Project is substantially completed as evidenced by the issuance of a Certificate of Occupancy for the Project by the City.
“Conceptual Project Plan for the Hotel” means the plan presented to the County on ________, 2016 by the Developer and included herein as Exhibit “A” attached hereto and incorporated herein by reference.
“Construction Documents” means the final set of plans and specifications sealed by the project architect and engineer that are used to construct the Project.
“Design Documents” means the Preliminary Design Documents and the Final Design Documents for the Project.
“Developer” means Improvement Network Development Partners, LLC or its assigns and successors.
“Effective Date” means the date set forth above.
“Exhibits” means those agreements, forms of agreements, instruments, legal descriptions, schedules, maps, depictions and other documents attached hereto and designated as Exhibits to this Agreement or incorporated by reference into this Agreement to the same extent as if fully set forth herein.
“Final Design Documents” means the final narrative and graphic description and depiction of the Project, including the final site plan, site elevation, design concept, any recommended streetscape improvements on or adjacent to the Project, a depiction of the pedestrian and automobile ingress and egress to the Project Site and any automobile parking on the Project Site as prepared by or for Developer.
“Hotel” means a 250 (approximate) room branded, headquarter hotel with full service
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amenities to be constructed on the Project Site adjacent to the existing BACC, to be constructed substantially in accordance with the Conceptual Project Plan for the Hotel, and to be established and operated in accordance with the Hotel Standards.
“Hotel Land Lease Agreement” means the Hotel Land Lease Agreement entered into between the Developer and the County for the ground lease of the portion of the Project Site upon which the Hotel will be constructed pursuant to Section 2.2.
“Hotel Standards” means the standards for establishment and operation of the Hotel to be negotiated between the parties to the Hotel Land Lease Agreement.
“Pre-development Cost Budget” means the estimate of all Project Costs based upon Schematic Design Documents.
“Pre-development Period” means the period of time commencing upon the Effective Date of this Agreement and ending at the execution of the Hotel Land Lease Agreement.
“Preliminary Design Documents” means a preliminary narrative and graphic description and depiction of the Project, including the preliminary site plan, site elevation, design concept, any recommended streetscape improvements on or adjacent to the Project, a depiction of the pedestrian and automobile ingress and egress to the Project Site and any automobile parking on the Project Site prepared by or for Developer (in short, all design documents required to receive preliminary site plan approval from the City’s Building Permit and Inspection Division).
“Project” means the new construction of (a) the Hotel adjacent to the Bradenton Area Convention Center and, (b) Surface Parking sufficient to support the Hotel and BACC.
“Project Costs” means all costs, both direct and indirect, associated with the Project.
“Project Schedule” means the schedule and sequence of events prepared by the Developer for review by the County and the Developer for the commencement, progression and completion of the design, construction, rehabilitation, equipping and furnishing of the Project, including revisions, amendments and changes thereto made from time to time as provided herein.
“Project Site” means the parcel of land located at One Haben Blvd, Palmetto FL and adjacent parcels upon which the Hotel and Surface Parking shall be constructed as shown in Exhibit “B” attached hereto and incorporated herein by reference.
“Schematic Design Documents” shall have the meaning ascribed to it under the American Institute of Architects (AIA) definition of Schematic Design Documents. In general, the schematic design phase shall establish the conceptual design of the Project illustrating the scale and relationships of the Project components. The Schematic Design Documents shall include a preliminary site plan and preliminary building plans and elevations. The Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and materials, and of proposed structural systems, shall be noted on the drawings.
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“Surface Parking” means 1350 – 1450 parking spaces to be constructed on the Project Site in order to support the Hotel and BACC.
1.2. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular number and the word “person” shall include corporations and associations, including public bodies, as well as natural persons. “Herein,” “hereby,” “hereunder,” “hereof,” “hereinbefore,” “hereinafter” and other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used.
1.3. Florida Statutes. All references herein to “Florida Statutes” are to Florida Statutes (2015), as amended from time to time, unless specifically indicated otherwise.
ARTICLE 2 RELATIONSHIP OF PARTIES
2.1 Selection of Developer. Pursuant to the ITN, the County hereby selects the Developer as the master developer of the Project. This Agreement establishes the relationship between the County and the Developer, outlines the steps anticipated by the parties for the development of the Project, and assigns risks and responsibilities between each of the parties should the Project fail to proceed, or be terminated, at any point in time. The parties intend to efficiently, effectively and economically cause the successful development of the Project for the purposes stated herein.
2.2 Hotel Land Lease Agreement. This Section sets forth the required terms of the Hotel Land Lease Agreement that the parties anticipate will be necessary in order to develop the Project. Each of the parties acknowledges and agrees that unless and until the Hotel Land Lease Agreement is negotiated, approved and executed by both parties, no party is legally bound to enter into or perform the Hotel Land Lease Agreement. The following description of the Hotel Land Lease Agreement and its essential terms is not an exhaustive list or description of Hotel Land Lease Agreement terms, such that each party reserves the right to require additional terms in the Hotel Land Lease Agreement.
a. Hotel Land Lease Agreement Terms: The Hotel Land Lease Agreement shall provide a ground lease of the portion of the Project Site needed for the development of the Hotel and Surface Parking, as generally described on Exhibit “B”, and shall include the following:
1. Lease of the hotel site to Developer for a term of forty (40) years with two options to renew, each for ten (10) additional years, in exchange for nominal rent;
2. Terms requiring the Developer to permit, design, engineer, construct, equip, and otherwise complete the Project (inclusive of all associated infrastructure costs, including but not limited to curbs, sidewalks, lighting, signage and utility relocations) on or adjacent to the Project Site by a Completion Date to be defined and substantially in accordance with the Design Documents and the Construction Documents, at Developer’s
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sole risk and expense and at no cost or expense to the County;
3. Terms relating to the construction of the Project consistent with the County’s construction management practices (including, without limitation, warranty of construction and posting of performance security);
4. Terms establishing a Project Schedule;
5. Terms requiring the establishment and operation of the Hotel by Developer or its assigns in accordance with the Hotel Standards for the entire duration of the Hotel Land Lease Agreement;
6. Terms providing for insurance and indemnification against claims and casualty loss;
7. Terms (a) providing for the inclusion within the Project Site of a contiguous parcel to be purchased by Developer which will provide additional parking and a special events area for the BACC as described in Exhibit “A” and depicted in Exhibit “B”, (b) requiring Developer to make such contiguous parcel available for BACC parking during the construction of the Project, (c) requiring Developer to convey a parking easement to the County over said parcel no later than the date of completion of construction of the Project, (d) requiring the Developer to convey fee simple title to said parcel if, any time after completion of construction of the Project, the Hotel Land Lease Agreement is terminated, and (e) establishing terms for coordination of the use of the special events area by County and Developer;
8. Terms providing for assignment/transference of the Project Site and Hotel Land Lease Agreement from the County to the City no later than the date of completion of construction of the Project;
9. Terms providing that the approved design provide for set aside and subsequent transfer of necessary right of way within the leasehold area for the 7th Street extension project proposed by the City;
10. Terms providing for Developer obligations relating to taxes and utilities, encumbrance of leasehold estate, maintenance and alterations;
11. Terms to minimize the impact of hotel project construction activities on operations of the BACC and availability of parking spaces for the BACC during project construction;
12. Terms establishing the Hotel Standards;
13. Terms providing for a room block agreement;
14. Terms allowing the County (or City) to terminate the Hotel Land Lease Agreement and retake possession of the property (subject to encumbrances of the Developer’s leasehold interest to support the financing of the Project) in the event the Developer fails to satisfy
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the Hotel Standards;
15. Terms requiring Developer, to coordinate with the County’s architect or designee in designing a seamless integration of the Hotel and the BACC; and
16. Terms by which the parties shall mutually agree upon and define their respective responsibilities and obligations should the Hotel change ownership, and in the event the venue management company changes.
b. Timing of Hotel Land Lease Agreement. The parties shall make a good faith effort to negotiate, approve and enter into the Hotel Land Lease Agreement within ninety (90) days of the effective date of this Agreement.
c. Assumption of Risk. Each of the parties acknowledges and agrees that unless and until the Hotel Land Lease Agreement is negotiated, approved and executed to their mutual satisfaction, neither party is legally bound to proceed with development of the Project. Any efforts or obligations undertaken by a party, and resources committed or sums expensed by a party, in furtherance of the Project shall be at such party’s sole risk and expense.
2.3 Project Financing & Funding Plan. This Section sets forth the agreed-upon financial contingencies to the parties entering into the Hotel Land Lease Agreement. Unless and until the forgoing financial contingencies are satisfied to the mutual satisfaction of the parties (or expressly incorporated into the Hotel Land Lease Agreement to their mutual satisfaction), neither party shall enter into the Hotel Land Lease Agreement.
a. Other Supporting Entities. The parties mutually recognize and acknowledge that the Developer will require financial assistance from other public entities, the extent of which will be determined during the Pre-development Period. The cost of the Hotel is estimated to be not less than $255,000 per room. The total Hotel costs, subject to the number of rooms to be built, shall be funded through Developer funds in addition to assistance from other entities.
b. Developer Funds. The Developer will bear the responsibility for all costs and expenses related to the design, permitting and construction of the Project. Should the Developer fail to secure necessary financing to fund the Project during the Pre-development Period then Developer or County may choose to terminate this Agreement.
2.4 Pre-Development Activities. This Section sets forth the agreed-upon activities to be undertaken prior to the execution of the Hotel Land Lease Agreement. Such activities shall be undertaken by the Developer at Developer’s sole risk and expense, with the cooperation of the County.
a. Pre-development Cost Budgets. The parties recognize, acknowledge and agree that it is their mutual desire and intent to work together to create Schematic Design Documents and Pre-development Cost Budgets for each of the component parts of the Project within sixty (60) days of the Effective Date of this Agreement, unless said timeline is extended by agreement and consent of all parties. Should the parties fail to agree on the Pre-development Cost Budgets for the Project’s
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component parts either party may terminate this Agreement.
b. Additional Activities. Developer has, and may continue (1) to engage in additional design, permitting, engineering and due diligence activities, (2) to assemble other resources, properties and contractual relationships, and (3) to pursue third-party financing and investment in furtherance of the Project.
c. Right to Inspect Project Site. During the period commencing ten (10) days after the Effective Date and ending ten (10) days prior to the conclusion of this Agreement (the “Inspection Period”), County will permit representatives of Developer to access all County’s records relating to the Project Site, and to enter upon the Project Site (subject to reasonable advance notice to the County’s Director of the BACC) for the purposes of conducting tests, inspections, or examinations that Developer desires in regard to the environmental conditions of the Project Site, including, but not limited to, the tests, borings, percolation tests and other tests, inspections, or examinations that Developer may order, at its expense, to determine subsurface or topographic conditions of the Project Site. In carrying out all such activities Developer and its representatives shall not unreasonably interfere with operations of the BACC. Developer shall indemnify, defend and hold County harmless for any damages to the Project Site and any claims against the County to the extent caused by the failure by Developer or Developer’s representatives to exercise reasonable care in the conduct of such tests, inspections or examinations. If Developer, in its sole and absolute discretion, shall conclude from the results of the tests or for any other reason or factor that the Project Site is not feasible or desirable for Developer’s intended purpose and shall so notify County in writing of Developer’s conclusion on or before the end of the Inspection Period, this Contract shall be terminated and be of no further force or effect, and no party shall have any rights or claims against one another which might otherwise result from this Agreement, unless Developer and County negotiate and enter into a mutually acceptable amendment to this Agreement to address such concern.
ARTICLE 3 DURATION AND TERMINATION
3.1 Duration. This Agreement shall commence on the Effective Date and remain in effect for a period of one (1) year, unless terminated pursuant to Section 3.2, or extended by written amendment in accordance with Section 4.16.
3.2 Events of Termination. Upon written notice during the Pre-development Period the parties shall have the right to terminate this Agreement for any reason, including but not limited to the following Events of Termination:
a. Failure of the Developer to secure adequate financing to fully achieve the Project in accordance with the Design Documents.
b. Failure of the parties to reach agreement on the design of the Project components.
c. Determination by any of the parties that the costs estimated for their respective Project component are too high or not economically feasible.
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d. Failure of the parties to reach agreement on the terms of the Hotel Land Lease Agreement.
In the event of a termination of this Agreement each party shall be responsible for its own costs and expenses incurred in performance of this Agreement, and shall have no right to damages from the other party, including without limitation consequential damages, lost profits or damages resulting from detrimental reliance. If the parties for any reason choose to terminate the Agreement during the Pre-development Period, (including but not limited to those Events of Termination listed in this Section), the County shall have the right to purchase at cost all Design Documents and estimates completed by the Developer to the date of Termination.
ARTICLE 4
MISCELLANEOUS
4.1 Notices. Unless otherwise specifically provided herein, all notices, demands, requests for approvals or other communications which may be or are required to be given by either party to the other in writing shall be deemed given and delivered on the date delivered in person, faxed or on the on the date mailed by registered or certified mail, postage prepaid, return receipt requested, and addressed:
TO THE DEVELOPER TO THE COUNTY
Improvement Network Manatee County Administrator Development Partners, LLC Manatee County, Florida 817 W Daggett Ave 1112 Manatee Ave West, 9th Floor Fort Worth, TX 76104 Bradenton, FL 34205
With copies to: With copies to:
Squire Patton Boggs Manatee County Attorney One Tampa City Center Manatee County, Florida 201 N Franklin St. Suite 2100 1112 Manatee Ave West, 9th Floor Tampa, FL 33602 Bradenton, FL 34205
The addresses to which notices are to be sent may be changed from time to time by a written notice of such change from the party changing its address delivered to the other party. Until such a notice is received, a party may rely upon the last address received for the other party.
4.2 Invalid Provisions. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the requirements of applicable laws and if the remainder of this Agreement can substantially be reasonably performed without material hardship, so as to accomplish the intent and the goals of the parties hereto.
4.3 Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. The submission of this document to
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the parties for examination thereby does not constitute an offer to buy, or a reservation of or operation for the Project, the Project Site, or any part thereof. This Agreement has been negotiated by the County and the Developer, and this Agreement, including the exhibits, and each of them, the County and the Developer shall be deemed to have participated in the preparation thereof.
4.4 Submission to Jurisdiction.
a. Each party to this Agreement hereby submits to the jurisdiction of the Circuit Court for the Twelfth Judicial Circuit of the State of Florida in Manatee County and the United States District Court for the Middle District of Florida, Tampa Division, for the purposes of any suit, action or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts.
b. If at any time during the term of this Agreement, the Developer is not a resident of the State of Florida or has no officer, employee, or agent thereof available for service of process who is a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent or general partner available for service of process in the State of Florida, the Developer for itself and its successors or assigns hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the County arising out of or related to this Agreement, and such service shall be made as provided by the laws of the State of Florida for service upon a nonresident; provided, however, that at the time of service on the Secretary of State, a copy of such service shall be mailed by prepaid, registered mail, return receipt requested, to the Developer at the address for notices as provided in Section 4.1 hereof.
4.5 Complete Agreement. This Agreement, including the Exhibits, and all of the terms and provisions contained herein, constitutes the full and complete agreement between the parties hereto, and supersedes and controls over any and all prior agreements, understandings, representations and statements, whether written or oral, specifically including, but not limited to, the Proposal, made with regard to the matters addressed by this Agreement.
4.6 Caption. The section headings and captions of this Agreement are for convenience and reference only and in no way define, limit or describe the scope or intent of this Agreement, or any part thereof, or in any way affect this Agreement, or construe any article or section hereof.
4.7 Successors, Assigns and Grantees. The terms herein contained shall bind and inure to the benefit of the County and the Developer, its successors and assigns, except as may be otherwise specifically provided herein. A party to this Agreement may assign its rights and obligations hereunder only with the written consent of the other party.
4.8 Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given or done on a Saturday or Sunday or on a legal holiday observed in Manatee, Florida, it shall be postponed to the next following business day not a Saturday, Sunday, or legal holiday.
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4.9 Exhibits. Each Exhibit referred to in and attached to this Agreement is an essential part of this Agreement. The Exhibits, and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of and incorporated within this Agreement.
4.10 No Brokers. The County and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission solely as a result of the execution and delivery of this Agreement.
4.11 Developer Not Agent of County. The Developer and any contractor hired by Developer are not individually or collectively, and shall not be deemed to be individually or collectively, an agent or contractor of the County, and are not subject to nor shall be required to comply with any laws, ordinances, regulations, orders or policies of or applicable to the County, applicable or relating to public works projects of the County or contractors retained by the County for such types of projects. Nothing contained in this Agreement shall be construed or deemed to name, designate or cause (either directly or indirectly) the Developer, or any contractor thereof, to be an agent for the County.
4.12 Public Purpose; No Joint Venture. This Agreement satisfies, fulfills, and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the County’s redevelopment powers and authority under the applicable law. This Agreement shall not be construed to establish a joint venture between the County and Developer.
4.13 Agreement Not a Chapter 86-191 Laws of Florida Local Development Agreement. The County and the Developer acknowledge and agree that it is their mutual intent that this Agreement, including any Exhibit, is an agreement contemplated by Section 125.045, Florida Statutes, and is not a local development agreement described in Sections 163.3220-163.3243, Florida Statutes, originally enacted as Chapter 86-191, Laws of Florida, entitled the "Local Government Development Agreement Act."
4.14 No General Obligation. Notwithstanding any other provisions of this Agreement, the obligations undertaken by County shall not be construed to be or constitute general obligations, debts or liabilities of the County or the State of Florida or any political subdivision thereof within the meaning of the Constitution and laws of the State of Florida, but shall be payable solely in the manner and to the extent provided in this Agreement. The financial obligations of the County set forth herein are subject to annual appropriation of legally available funds by the County’s Board of County Commissioners.
4.15 Validity. After consultation with their respective legal counsel, the County and the Developer each represents and warrants to the other its respective authority and power under Florida law (and in the case of Developer, Texas law as well as Florida law), to enter into this Agreement, acknowledges the validity and enforceability of this Agreement, and waives any future right of defense based on claim of illegality, invalidity or unenforceability of any nature. The Developer and the County each hereby represents, warrants and covenants to and with the other (i) that this Agreement has been validly approved by its respective governing body or authorized officer, and
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(ii) that this Agreement constitutes a legal, valid and binding contract enforceable against the respective party in accordance with the terms hereof (assuming the due authorization, execution and delivery hereof by the other party hereto).
4.16 Amendments. This Agreement may be amended, and its material provisions may be waived, only by written instrument expressly approved for the County by the Board of County Commissioners and for the Developer by its authorized officer, and only if properly executed by all the parties hereto.
4.17 Disclaimer of Third-Party Beneficiaries, Successors and Assigns. This Agreement is solely for the benefit of the parties hereto, and no right, privilege, or cause of action shall by reason hereof accrue upon, to, or for the benefit of any third party. Nothing in this Agreement is intended or shall be construed to confer upon or give any person, corporation, partnership, trust, private entity, agency or other governmental entity any right, privilege, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof. This Agreement shall be binding upon, and its benefits and advantages shall inure to, the successors and assigns of the parties hereto.
4.18 Effective Date. This Agreement shall take effect as of the date set forth above.
[SIGNATURE PAGE TO FOLLOW]
[signature page]
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement on the dates shown below.
MANATEE COUNTY, a political subdivision of the State of Florida
By: __________________________ County Administrator
Date: __________________________
IMPROVEMENT NETWORK DEVELOPMENT PARTNERS, LLC, a Texas Limited Liability Corporation
By: __________________________ Stephen L. Goodman, Managing Member
Date: __________________________9/23/2016
EXHIBIT “A”
CONCEPTUAL PROJECT PLAN FOR THE HOTEL
The Bradenton Area Convention Center (“BACC”) Sheraton Hotel is proposed to be a full service hotel with 250 keys/rooms. The BACC Hotel Project totals approximately 204,150 square feet and will be managed by Starwood Resorts. The six story building will be constructed on the parcel described in Exhibit B “Legal Description” located at One Haben Blvd. Palmetto Florida in Manatee County. The development project comprises a guest room mix of 163 king rooms, 62 queen/queen rooms, and 25 suites. A total of 17,870 net square feet of public function space is proposed including an 8,000 square foot ballroom and 9,870 square feet of other meeting room space.
A full service restaurant occupying 4,150 square feet and totaling 240 seats is proposed. In addition to the full service restaurant a 3 meal Link@Sheraton Café with seating for 150 is proposed. A Link@Sheraton Café serves Starbucks® specialty coffees, afternoon refreshments, and freshly-prepared pastries, sandwiches, and salads.
The Proposed amenities are a fitness center with pool and whirlpool. Designed as a social destination, the Link@Sheraton invites guests to interact while checking email, researching local attractions, and keeping in touch with home and the office. Located throughout the lobby and cafe, the Link@Sheraton also features an HDTV lounge area, complimentary wireless High Speed Internet Access, Internet-enabled PC workstations with complimentary printing with PrintMe.com
The Hotel will include a full service concierge service for guests. In addition to assisting guests in booking tickets/reservations the shuttle service will provide access to local destinations, attractions and activities. The hotel will also provide a water taxi service to Manatee County beaches.
Also proposed is an Entertainment Venue connecting the Hotel and the Convention Center. The restaurant and retail connector space is proposed to be a two story building and is planned to be approximately 18,000 square feet.
EXHIBIT “B”PROJECT SITE DESCRIPTION
EXHIBIT "B"
