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HomeMy WebLinkAbout1994-057Resolution No 94-57 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE Board of County Commissioners of Indian River County is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title: Environmental Learning Center, Phase III Total Estimated Cost: $273,510 Brief Description of Project: Elevated boardwalk connecting existing Entry Pavilion and Wet Lab Pavilion to proposed Dry Lab Classroom Pavilion and existing surface trails. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the Board of County Commissioners of Indian River County that the project described above be authorized, AND, be it further resolved that said Board of County Commissioners of Indian River County make application to the Florida Inland Navigation District in the amount of 270 of the actual cost of the project in behalf of said Environmental Learning Center AND, be it further resolved by the Board of County Commissioners of Indian River County that it certifies to the following: Form No. 90-11 Rev. 10-14-92 1. That it will accept the terms and conditions set forth in FIND Rule 16T-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said Environmental Learning Center for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as their federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. The resolution was moved for adoption by Commissioner Macht and the motion was seconded by Commissioner Eggert , and upon being put to a vote, the vote was as follows: Chairman John Tippin Aye Vice Chairman Ken Macht Aye Commissioner Richard Bird Aye Commissioner Fran Adams Aye Commissioner Carolyn Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 19 day of April 1999. e -T-,Trey, a on. Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By --c-LF.o Approves _ �ie ' /ta;nia sC y /3 9 �k hA yr_ FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT APPLICATION APPLICANT INFORMATION Applicant: Indian River County Project Title: Environmental Learning Center Legislative District in which Project Site is Located: State Senate: 16 State House: 78 Liaison Agent' James W. Davis, P.E. Title: Public Works Director Address: 1840 25th St. Vero Beach 32960 Zip Code: Telephone: ( 407) 567-8000 I hereby certify that the information provided in this application is true and accurate. Signature: Date: Date Received: FIND Commissioner Approval: All Required Supporting Documents: Applicant Eligibility: Project Eligibility: Compliance with Rule 16T-2 F.A.C.: (Eligibility of Project Cost: Form No. 90-22 New 10/14/92 FIND OFFICE USE APPLICATION CHECKLIST (To be completed by the Applicant) Note: 15 copies of your application are required. Applications shall not be bound but shall be paper clipped. All information is required to be on 8 1/2" x ill, paper. Maps and drawings may be on 8 1/2" x 14" paper and folded to 8 1/2" x 11" so that they may be folded out after being hole punched and bound in a book. I. Application Reviewed by Local FIND Commissioner 2. Assistance Application Form No. 90-22 ( 2 pages) 3. Project Evaluation and Rating Form No. 91-25 4. Project Cost Estimate Form No. 90-25 (1 page) 5. Official Resolution Form No. 90-21 (2 pages) 6. Proof of Land Ownership (Attorney Opinion of Title) 7. County Location Map 8. City Location Map (if applicable) 9. Project Boundary Map 10. Site Development Map Form No. 90-26 New 12/9/92 } \ \a .ƒ � $ 7 ƒ & G E } - � m m = a � � \ E' k% `0 / 2 > ` 2\j /A k/ g/ \ §2 §n / c = e f _ 2 Q § 2 2 q > 2 tEn m § ) K ( 0 t / 41 M j / E/) w 2 S I U ) / k\ §\\j a = / \ E E � $ 7 ƒ & G E PROJECT INFORMATION Total Project Cost: $ 273,510 FM Assistanceuested: $ 73,926 �9% of total cost 27 Amount and Source of Applicants Matching Funds: $199,584 from public donations Ownership of Project Site (check one): Own Leased x Other If leased, please describe lessor term and conditions: County owned land leased to Environmental Learning Center in March 1987 for 99 years at Wyear Project type (check one, or more of the following project elements that are part of your project). Public Navigation Channel Dredging Public Navigation Channel Lights and Markers Waterway Signs and Buoys for Safety, Regulation or Information Public Spoil Disposal Site Development x Public Shoreline Stabilization Public Boat Ramps and Launching Facilities — Public Boat Docking and Mooring Facilities — Public Fishing and Viewing Piers — Public Waterfront Boardwalks x Waterways Boating Safety Programs and Equipment Waterways Related Environmental Education Programs and Facilities x Inlet Management Projects Related to Waterway Navigation Improvement _ Beach Renourishment Projects Related to Waterway Navigation Improvement Other Waterway Related Projects Permits Required: Agency Yes No N/A Date Applied For Date Receiv DNR N/A DER N A ACOE N/A COUNTY/CITY Other Yes Site Plan 1991 July 1992 Form No. 90-22 New 10-14-92 � K k 2 / k ® 34. 2 U) k § y \ j $ E k \ N 41 �a \ : o e E t w % ƒ \ ] o Q 7 § g / 3 S E§ w , �q ==g , 44, » ) 2 § \ \ k Q a \ \ j j § - \ ( ) 2 § ! k Q a \ k § 2 e 2 u ) / j 0 > 0 ® ° § n § /,d 3 q , $ S ƒ w o $ % $ § . ' o m . _ q § § 3 § x \} e o 2, 4 o , 2 a$ 0 k ^(Tj 2: 7 /.• 2 7 . , c § ƒ , 2. m 2 / \ j \ 7 } \ � \ ) 'o. r- \ 2\ / .r f Z_ ] J• 7» m 7 / 2 ) \ j \ \ k ° 3 % G° S 2_ ` « 2 w & ©3 ] 2 , \ / \ � \ cc\ 0 44 ON / ) 2 I. 4jS a o» e� 7 ., a m w G\ a g a . �, m § . ƒ _ e 2 � 2 ! tƒ » G w e / = 2 E 7 E pc� v x A .4J .,4 3 N � r -I N O N U Ul N try W ro 4-J 4.J > U •� � w A C ro u ro m i N b 0 t�iJ J.. N N 4j H 4J ro 1-1 ro 'O 41 11 U 41 ro o > w -a A y° �>1 c00 N 4j' q U '.7 C N lz N N N .-1 0 C E►0+ ro '� c % a ro cOnIS 0 h C N hy U [ U ro a C A R y O a Z A v1 C -1 W a J O E+ t o o W. y N O H ro p O ro U U 6, ❑ �D U W $- vr1 c :3DD =b v 41 `°N Q. M S.1 C 4J > a •ri `• iJ C C �� > E O 0 U v 4� ani •0• .:° E N 0 iy U H N E b y N N H tT -H q C 0 C, H .D .,q �..J N U)tq C U „i C 0) > n ;' N 0 0 x 0> a x 4JS° •C :5 w N a0i •n 4J +J U v N A •03•J Q O h O i4 T3 CL !A .+ >r .L1 U 4.J O 9 > N C � O U O C .Q O •0 •"� •� N S -I U 4' N CO r] C U C N J 0 R. a C •,1 u� y� N 4jFa C N U 0 tp te' C 0 A F? N F b N> o a 3 �, y 3 x A> H ro c F v O ^ N v r rA w C C 'O R V1 U W v x A .4J .,4 3 N � r -I N O N U Ul N try W ro 4-J 4.J > U •� � w A C ro u ro m rl i •� 'g, i a c 1 '-11 +� (L U d >4 a +1 A N -W O �4 0 rl w O b A a) U a 4 x C U O N U N ani 4J > •ri a U4J C ro ro .H T1 v H � 41 01 3 � a ro •••1 N 41 a N •� x U 3 C s 3 1 >+ U i 1 � v 3 x C c o ID +� — tr •.�� .3 •.C� 3 a) E A t1 (L) ami v a y �p al N •a >, $4 U N .1 = C a 4J >, a U ro 3 o a u o o �• o N ro U � 3 ai m y 4J N -i 0 U H C ? V q a) Ev u=1 N ami H v o aro 0 m 3 c a) ri H 4J 41 ro Qro y E y Jv C ro o ea is b E > 'y � ✓T U al v 4J C m E v s4 0 3 A 0 4J .rq 10 ro _C N x � k 7 � � � §] �Ul $� $� k� 2\ // 2e E] § n ; > �2 2�4 �\ k0 } C.. s E 4J § f (n /r-4 a � FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATE PROJECT TITLE: ENVIRONMENTAL LEARNING CENTER APPLICANT: INDIAN RIVER COUNTY Project Elements Quantity Estimated Applicants FIM (Number and/or Cost Cost Cost Footage) Proposed ELC/Dry Lab Classroom $22,176 Pavilion 2,772 sq.ft. $221,760 $199,584 Extension of FIND elevated boardwalks connecting entry pavilion and wet lab classroom pavilion to proposed dry lab classroom pavilion 1,890 sq.ft. $47,250 - $47,250 Lower boardwalk extension connecting proposed dry lab classroom pavilion to existing surface trails 450 sq.ft. 4,500 - 4,500 TOTALS Form No. 90-25 New 10/14/92 $273,510 $199,584 $73,926 LEASE THIS LEASE, executed this 6th- day of - March 1987, by and between the Board of County Commissioners of Indian River County, Florida, hereinafter referred to as the "LESSOR", and the Pelican Island Audubon Society, Inc., a corporation existing under the laws of the State of Florida, hereinafter referred to as "LESSEE"; W I T N E S S E T H; WHEREAS, Indian River County received title to fifty-one (51) acres of property. on Webesso Island In February, 1985 by Dedication No, 23919 from the Trustees of the Internal Improvement Trust Fund, State of Florida; and WHEREAS, pursuant to correspondence from the State of Florida Department of Natural Resources dated August 30, 1982 the Trustees emended this Dedication on December 10, 1977, to allow use of the property for public educational purposes; and WHEREAS, the LESSEE Intends to develop an environmental learning center for the use and benefit of the People o/ Indlan River County and, of the State of Florida; and WHEREAS, the LESSOR finds that It Is In the public Interest to allow the LESSEE to develop an environmental learning center on the subject property: NOW, THEREFORE, for and in consideration of the sum of One Dollar (1,1,00) per year, and other valuable consideration, Including compliance with the covenants and agreements contained heroin, the LESSOR does herahv let, demise, and lease unto said LESSEE the following descrihed Property situated In Indian River County, Florida, to -wit: 1, See Exhibit "All attached hereto and Incorporated herein by reference, TO HAVE AND TO HOLD the same ror a term of ninety-nine (99) Years from the data hereof, I- It Is understood and agreed by and between the Parties hereto that the above-described premises shall he used exclusively for an environmental learning center and accessory uses thereto, 2. LESSEE will make all necessary Improvements on said property In order to design, construct, develop and operate said environmental Information center, and will, at Its own expense, maintain the same as such during the term of this lease. 3. LESSEE agrees to submit actual site plans and design considerations to LESSOR for approval In accordance with all applicable County ordinances, and to the State of Florida Department of Natural Resources for approval before actual construction begins. 4. LESSEE agrees that all planning and development will be undertaken In harmony with environmental concerns and as little disturbance to wetlands and uplands with existing native vegetation as possible, 5. The LESSEE agrees not to use or permit the use of said premises, or any part thereof, for any unlawful purpose or offensive use, and further agrees that the same shall be used solely for the purpose of maintaining and Operating an environmental Information center, e. In the event of fat lure on the part of the LESSEE to comply with any of the terms nr conditions of this lees• the LESSOR may, upon written notice to the LESSEE, declare this lease In default and, after ninety (90) days of uncorrected default, LESSOR may terminate this lease, 7. Any and all Improvements made by the LESSEE shall become the property of the LESSOR' at thb time of the expiretIon of this. loose and further LESSEE shall make no claim on any of said Improvements. 2 a. LESSEE, at LESSEE'S expense, shall provide and carry, In addition to fire Insurance, liability Insurance Coverage In an amount of not less than One Hundred Thousand Dollars ({100,000.00) per Individual Injury and Three Hundred Thousand Dollars (!300,000.00) per Incident or occurrence, and such limits shell be adjusted from time to time to match the waiver of sovereign Immunity limits in Section 768.26, Florida Statutes. The LESSOR shall be named a cc -Insured and copies of sold policy shall be mailed to LESSOR annually. 9. LESSEE agrees to Indemnify and hold LESSOR harmless for every and all Claims that may arise from LESSEE'S use of the demised premises, Including court costs and attorney's fees. IN WITNESS WHEREOF, this lease has been executed In the name of and on behalf of the LESSOR by Its Chelrmo- and attested by Its Clerk, who have been cult' authorized by the Board of County Commissioners of Indian River County so to do, and on the part of the LESSEE by its Presidgnt and Secretary who have been duly authorized by its Board of Directors so to do, on the day and year first above written. Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS In the presence oft OF INDIAN RIVER COUNTY, FLORIDA y B // Chairman 1J Attest: As to Lessor Approved: 2.10.87 Fred a w • FAwas tofan,u�s.au.: ppyovnd as to IOrm err{CIerkalrureln`"LESSOR' Barkett ounty nttornay 3 PELICAN ISLAND AUDUBON SOCIETY, INC, fP- rT3- A'�T'E�T: (/ As to Lessee By SecretarlK "LESSEE" � I STATE OF FLORIDA rIW COUNTY OF INDIAN RIVER ) G ) Personally before the undersigned officer, suthorlxed under 111, the laws f said State and County to administer oaths and take eknowledgments, appeared DON C. SCURLOCK, JR, and FREDA WRIGHT, known to me to be the Chairman and Clerk, respectively, of the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, who acknowledged before me that they executed the within and foregoing lease under the authority duly vested In them by the said Board. WITNESS my hand and seal t Vero Beach, salad County and State, this ��kday of 1987, oto A7 c My Cominlsslon Expires: 10111rT-02lmULUULX1401t0F� 00 eau111101110, NU 1,1110 bM0 100 N111ct PC 010, STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) Personally before me, the undersigned officer, authorized under the laws of the said State and County to �adm��inUuiss�ter oaths and (take �nacc�know edg-ents, appeared 1iDB Lno nf1���-- and LJ!��Stxf..'_V� j2 ���• known IO ,^e I Ge 'the Pres�i ent and Secretary, respect-ve y, of PELICAN ISLAND AUDUBON SOCIETY, INC, a corporation organized and existing under the laws of the State of Florida, and they acknowledged before me that they executed the within and foregoing lease under the authority duly vested In them by said corporation, WITNESS my hand and seal at e Rolg0l6_, said County and State, this fLitday of—�/)f1rl�L 1987. — — ta—��y—Pub'I"i�c —_ MY Commission Expires. Not lcnlc "lift of n01101 �t•IDnnztsrnrrmnti.+ws•---- 10mo an (Atilt n1, 00, 1 AMUII A. WK9, ►.A 117) TINTM AVINUI VIVO $LACM, FLORIDA )106 TILIFMONI (407) 1/1.160 ASSIGNMENT OF LEASE KNOW ALL MEN BY THESE PRESENTSI THAT the PELICAN ISLAND AUDUBON SOCIETY, INC., Florida corporation, (hereinafter Assignor, and also known as PIAS), in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to it in hand paid, the receipt whereof is hereby acknowledged by Assignor, hereby assigns unto the said ENVIRONMENTAL LEARNING CENTER, INC., a Florida corporation, (hereinafter Assignee, and also known as ELC), the following lease) That certain lease dated.the 6th day of March, 1987, by and between BOARD OF COUNTY COMMISSIONERS OF' INDIAN RIVER COUNTY, FLORIDA, as Lessor, and the said PELICAN ISLAND AUDUBON SOCIETY, INC., as Lessee. TO HAVE AND TO HOLD unto the said ENVIRONMENTAL LEARNING CENTER, INC. its successors and assigns from the date hereof for all of the remainder of the years mentioned in said lease, subject to the rents, covenants, conditions and provisions therein also mentioned. In the event the Environmental Learning Center building, which is being developed on the real property under the lease being assigned herein, is operated outside the purposes and objectives as set forth in the bylaws and articles of incorporation of ELC, and this condition continues for thrity (70) days after PAIS notifies, in writing, ELC of said violations of its bylaws and articles of incorporation, then, in that event, this assignment shall become null and void, and the rights under the original lease shall revert to PAIS1 and, ELC shall have no further rights or interest in said lease. The said Assignee hereby assumes the performance of all of the terms, covenants and conditions of the lease herein assigned and agrees to pay the rent reserved by the said lease on the next rent day and monthly thereafter until termination and will well and truly perform all of the terms, covenants, and conditions of the lease herein assigned as if the said Assignee had signed the original lease as Lessee named therein. The said Assignee hereby agrees that it will well and truly indemnify and save harmless the said Assignor from all manners of suits, actions, damages, chargee, and expenses, includinc attorneys' fees, that may be sustained by reason of the failure to pay the rental reserved by breach of the terms, covenants, ant conditions of the lease herein assigned, The said Assignee hereby agrees that the obligations herein assumed shall inure jointly and severally to the Lessor named in the lease herein assigned. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of,., Signed, sealed, and deli Bred Assignee in the presence otl PELICAN ISLAND AUDUBON SOCIETY, INC. `Jg¢�GG" ey iL/n/ A "' ^••'y^"e Assignor ENVIRONMENTAL LEARNING CENTER, INC. 1 eyl ' A. l MMUit A..wcw .A. 7177 TRiTN AV7NU7 V7RO HACK, FLORIDA 33M TUEPHONI 020591-2 35105 hI=FiCATMff_T"EASE THIS MODIFICATION executed this 4-f— day of 1991, by and between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ("Lessor") and ENVIRONMENTAL LEARNING CENTER, INC..("Lessee"). WHEREAS, Lessor and the Pelican Island Audubon Society, Inc. (the "Audubon Society") entered into that certain Lease dated March 6, 1987 whereby Lessor leased to the Audubon Society property on Wabasso Island (as more particularly described in the attached Exhibit "A"); and WHEREAS, the Audubon Society by that certain Assignment of Lease dated January 9, 1988 assigned its rights under the Lease to Lessee; and WHEREAS, Lessor and Lessee desire to modify said Lease pursuant to the terms of this Modification. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: 1. The Lease shall be amended by adding a new paragraph 10 thereto to read as follows: The environmental learning center to be constructed on the premises leased hereunder shall be dedicated to public education. Lessee agrees that, when completed, this center shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap or other disability, or to the political subdivision in which a user may reside. Lessee further agrees that Lessor, at its discretion, shall have the right to review and approve actions of the Lessee affecting use of the center, such approval not to be unreasonably withheld. By way of example only, the County shall have the right, in its discretion, to review and approve the hours that the center. is open to the general public. The parties agree that the provisions of this Paragraph cannot be modified or deleted without the prior' written approval of the Florida Inland Navigation District ("FIND"), a party providing funding for a portion of the center. It is intended that FIND be a third -party beneficiary hereunder to enforce the terms of this Paragraph. 2. Except as modified herein, the Lease shall continue in full force and effect. In particular, Lessee's compliance with the provisions set forth above shall be subject to the provisions of Paragraph 6 of the Lease. In the event of any inconsistency between the terms of the original Lease and this Modification, the terms of this Modification shall control. IN WITNESS WHEREOF, this Modification has been executed in the name of and on behalf of the Lessor by its Chairman and attested by its Clerk, who have been duly authorized by the Board of County Commissioners of Indian River County so to do, and on the part of the Lessee by its President and Secretary who have been duly -2- 35105 authorized by its Board of Directors so to do, on the day and year first above written. Signed, sealed and delivered in the /presence of: (2) Ingm nirtr ca Approved Dale Admin. -2G�gl Legal cC-G /__�•_ Budget J 90 91 Dept. H it h1 WISH Mgr (2 )l STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) BOARD OF COUNTY COMMISSIONERS OF INDIAN RI ER OUNTY, FLORIDA By: BGG^�� � — Chairman "Lessor" Attest: C 1 e r k Q �� ENVIRONMENTAL LEA INC CENTER, INC. / By: Its President Attest: Its Secretary "Lessee" Personally before me, the undersigned officer, authorized under the laws of said State and County to administer oaths and take acknowledgments, appeared \ : li,... and ) IC 13�!( TOnI known to me to be the Chairman -a—rid- Clerk, Clerk, respectively, of the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, who acknowledged before me that they executed the within and foregoing lease under the authority duly vested in them by the said Board. WITNESS my hand this 3tL_ day of a�nd,seal at Vero Beach, said County and State, 1991.19�--// Notary Public My Ex ires: •.. ►AWlWW jH i' -3- 3510S STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) Personally before me, the undersigned officer, authorized under the laws of said the State and County to administer oaths and take acknowledgments, appeared MICHAEL L. ROSE and known to me to be the 6ec_et�. f of ENVIRONMENTAL. LEARNING CENTER, INC.', a corporation organized and existing under the laws of the Stale..••o6..,, Florida, and they acknowledged before me that they executed \.t -he within and foregoing lease under the authority duly vested :in;,.�Nemv °::« by said corporation. c WITNESS my hand and seal at Vero Beach, said County ar& Stkate,`3 this 17th day of JULY 1991, Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF INDIAN RIVER Personally before me, the undersigned officer, authorized under the laws of said the State and County to administer oaths and take acknowledgments, appeared MARGARET C. BOWMAN and , known to me to be the P.> --i -- -- Secretary,react:=t T=�I, of ENVIRONMENTAL LEARNING CENTER, INC., a corporation organized and existing under the laws of the State of Florida, and they acknowledged before me that they executed the within and foregoing lease under the authority duly vested in them....,. by said corporation. WITNESS my hand and seal at Vero Beach, said County and:8tat,L,,' this 24th day of JULY 1991, „ / .. Notary Public i My Commission Expires: NOTARY PLOLI : STAT[ OF KtaftA nY Cor"5510N EXP FEB. 2.1993 BO UD TNR) W"AI Va. up, -4- 35105 I • i r� rrfra �`� � .? a .� � Eby aa 11 C 114 a $ f'•i��! +����;� ,tip �� / C9 M Z a w A aecr` H4 zox w U , >w OMft7 as o > In a Z In W W N > 0 Cl