Okaloosa County BOCC — January 21, 2014

Agenda Okaloosa County Board of Commissioners Tuesday, January 21, 2014– 6:00 PM Water & Sewer Administration Building I. Public Information Update II. County Administrator's Update III. Commissioner's Minute IV. Public Comments Related to Current Agenda V. Public Hearing 1. Alpha Omega Investment FLUM Amendment/Rezoning 2. Request approval of the attached ordinance regulating ground transportation at the Northwest Florida Regional Airport. VI. Consent Agenda 1. Request Board approval for Chairman to execute letter of support for Youth Career Connect Grant for CHOICE High School 2. Request approval of Destin-Ft. Walton Beach Airport Restrictive Covenant Agreement with FDEP 3. Request approval of the Judge Ben Gordon, Jr., Family Visitation Center subagreement relating to the Edward Byrne Memorial Justice Assistant grant program in the amount of $10,097.00. 4. Request approval of the Emerald Coast Children's Advocacy Center subagreement relating to the Edward Byrne Memorial Justice Assistant grant program in the amount of $10,097.00. 5. Request approval of a Public Event Permit for the Bayou, Bay & Back Run/Walk Marathon, to be held January 25, 2014, sponsored by the Destin Chamber of Commerce. 6. Request approval Public Event Permit for a 5K Run sponsored by Mosaic Church of Crestview. District: All. Revised: 1/17/2014 10:34 AM Page 1 of 4 Regular Meeting (South) Agenda January 21, 2014 7. Request approval of a Public Event Permit for the EOD Memorial Challenge, to be held on April 26, 2014, 8:00 am - 1:00 pm, along certain roadways in the Niceville area, sponsored by the Chief Petty Officers Association, Naval School EOD. 8. Request approval of Advertisement for volunteers to serve on the Destin Airport Advisory Committee 9. Request approval for recommended event sponsorships through Airport Community and other local and regional promotional opportunities 10. Request approval of Amended FDOT Grant for Exit Lane Security 11. Request approval of Task Order for Construction Administration and Professional Services on the Security Checkpoint Exit Lane Project at NWFRA 12. Request Approval of Construction Contract for Security Checkpoint Exit Lane Control Systems at NWFRA 13. Request Approval to Purchase Five (5) 2014 1/2 Ton 4 x 4 Pickup Trucks 14. Request approval of and authorize the Chairman to execute a Lease with Timberview Helicopters for sightseeing tours from the Destin Airport. District: All 15. Request approval to Award Purchase of One New 2014 Bobcat Loader. 16. Request approval to Award Contracts to Provide Architectural, Engineering & Aviation Planning Services for Okaloosa County Airports. 17. Request approval to Purchase One Model 800 Power Sweeper, Rider. 18. Request approval of a Resolution submitted by Surety Land Title of Florida, LLC for an Okaloosa Island Leasehold Conversion. 19. Request approval to Purchase Two (2) F750 Flatbed Dump Trucks from State of Florida Contract # 01-070-700-S 20. Request ratification of Chairman's signature on a letter to the FAA responding to a Part 13 compliant by Emerald Coast and Timberview Helicopters Incorporated. 21. Approval of Budget Resolutions & Transfers 22. Request approval of Resolution by the Okaloosa County Board of County Commissioners establishing the Public's right to be heard 23. Request approval of and authorize the Chairman to execute a letter of congratulations for a the Distinguished Young Woman of Okaloosa County winning the state title District: All VII. Department Business Okaloosa County Board of Commissioners Page 2 Printed 1/17/2014 Regular Meeting (South) Agenda January 21, 2014 A. Elliot Kampert/Growth Management 1. Request approval to amend the Development Order (DO) for Destin West Bayside to include the proposed 29 private residential boat slips. B. Ed Schroeder/Tourist Development 1. Request approval of Final Payment for Contract C10-1813-TDC C. John Hofstad/Public Works 1. Request approval to schedule a public hearing for comment and consideration concerning the installation of an additional street light at 614 Pelican Drive within the Okaloosa Island MSBU. District: 2. 2. Request approval to schedule a public hearing for the vacation of a portion of 2nd Avenue and alleyway through Block 2, Port Dixie in Shalimar 3. Request approval of a Project Agreement with the Town of Cinco Bayou for appropriation of 2014 Florida Boating Improvement Program funds. District 2 4. Request approval of Task Order 1 for contract numbers C12-1960PW & C12- 1961PW for work performed in the amounts of $199,356.50 & $227,694.74 respectively. D. Donald Turner/Facility Maintenance 1. Request approval of the final payment to SKANSKA/Lord on the contract for the construction of the OCCAE. E. Kay Godwin/Human Resources 1. Update on the status of County Attorney recruitment process. VIII. New Business 1. Request Board direction and approval of one year lease renewal for Uptown Station facility for Tax Collector and Property Appraiser. IX. Old Business 1. Request Board consideration, discussion, and consensus on three future facility construction projects Okaloosa County Board of Commissioners Page 3 Printed 1/17/2014 Regular Meeting (South) Agenda January 21, 2014 2. Request consideration and staff direction concerning approval of Fiscal Year 2014 3rd Quarter BCC Meeting calendars. District: All. X. Public Comments Okaloosa County adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to this meeting upon request. Please call the County Administrator’s Office at (850) 651-7515 to make a request. For Hearing Impaired, Dial 1-800-955-8771 (TDD), and 1-800-955-8770 (Voice). Requests must be received at least 48 hours in advance of the meeting in order for Okaloosa County to provide the requested service. Okaloosa County Board of Commissioners Page 4 Printed 1/17/2014  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Alpha Omega Investment FLUM Amendment/Rezoning DEPARTMENT: Growth Management BCC DISTRICT: 5 PUBLIC HEARING: Consideration of a request changing the use of land submitted by Natalia Sevciuc as agent for Alpha Omega Investment Union, LLC relating to property located at 1445 Pine Street, Niceville. The request is to change the Comprehensive Plan Future Land Use Map (FLUM) designation for the property from Low Density Residential (LDR) to Commercial (C), or a more restrictive FLUM designation. If the FLUM amendment is approved, request to rezone the property from Residential - 1 (R-1) district to General Commercial (C-3) district, or a more restrictive zoning district. Property contains .43 acres, more or less. STAFF REQUESTS THIS ITEM BE TABLED TO A DATE AND TIME CERTAIN OF FEBRUARY 18, 2014 TO BE HEARD AT 6:00 PM OR SOON THEREAFTER. STAFF FINDINGS: • The property was designated as “Commercial” on the 1990 FLUM. • The property was subsequently designated as Low Density Residential (LDR) when the FLUM was revised in 2003 • The property had “split” zoning with BG in the front and AA in the rear prior to May, 2010. • The BG zoning district remained undisturbed until May, 2010 at which time the zoning map was changed to reflect the FLUM. The property was then changed to R-1 to make it consistent with the LDR FLUM designation. • The property abuts parcels bearing the Commercial FLUM designation and C-3 zoning on three sides. While the newspaper advertisement ran in a timely manner for the January 21 BCC meeting, the letters to adjacent property owners were delayed. Because the hearing was advertised in the newspaper, the Board should open the hearing in case anyone attends the meeting and wishes to speak on the proposed amendment and re-zoning. PUBLIC COMMENT/OPPOSITION: None to date. STAFF POSITION: Staff has no objection to the requested FLUM amendment and rezoning. RECOMMENDATION: It is recommended that the Board open the public hearing in case anyone present wishes to comment, then table this item until its regular meeting of February 18, 2014 to be heard at 6:00 PM or soon thereafter. Packet Pg. 5 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 6  ATTACHMENT - A 24-1S-22-223A-000A-0030 NICEVILLE VALPARAISO BLUEWATER EGLIN BAY SUBJECT PROPERTY SHALIMAR FORT WALTON BEACH DESTIN Legend : Roads Location Map Packet Pg. 7  ATTACHMENT - B 24-1S-22-223A-000A-0030 PINE ST SUBJECT PROPERTY H ST W Y NE 20 E PI Legend Parcel Lines Aerial Photo : Packet Pg. 8  ATTACHMENT - C 24-1S-22-223A-000A-0030 MOBILE HOME VACANT COMMERCIAL 0.378964 0.346437 PINE ST VACANT COMMERCIAL SINGLE FAMILY 0.408627 0.443504 VACANT 0.103442 SUPERMARKET VACANT/COMM/XF 0.518287 1.220071 STORY H W 9 Y 20 E PINE ST Existing Land Use Map : Packet Pg. 9  ATTACHMENT - D 24-1S-22-223A-000A-0030 LDR PINE ST SUBJECT PROPERTY C H W Y 20 E ST E PIN Legend C LDR Future Land Use Map : Packet Pg. 10  ATTACHMENT - E 24-1S-22-223A-000A-0030 PINE ST R-1 SUBJECT PROPERTY C-3 H W Y 20 E ST E PIN : Legend R-1 C-3 Zoning Map Packet Pg. 11  ATTACHMENT - F 24-1S-22-223A-000A-0030 MU PINE ST SUBJECT PROPERTY C H W Y 20 E ST E PIN Legend ) Commercial (C) Future 1990 Land Use Map : Packet Pg. 12  ATTACHMENT - G 24-1S-22-223A-000A-0030 LDR PINE ST SUBJECT PROPERTY C H W C Y 20 E Legend C LDR Proposed Future Land Use Map : Packet Pg. 13  ATTACHMENT - H 24-1S-22-223A-000A-0030 PINE ST R-1 SUBJECT PROPERTY C-3 C-3 H W Y 20 E STE PIN Legend : C-3 R-1 Proposed Zoning Map Packet Pg. 14  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Northwest Florida Regional Airport Ground Transportation Policy DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: Staff is proposing adoption of the revised ordinance to replace the current ground transportation policy at the Northwest Florida Regional Airport. BACKGROUND: On April 26, 1977 the Board adopted Ordinance 77-11, which established rules and regulations governing the ground transportation operations at the Northwest Florida Regional Airport. On June 19, 2007, the Board adopted Ordinance 07-29, Attachment 1 to Ordinance 77-11, which amended the ground transportation policy. In reviewing the current ground transportation policy, the Department of Airports found significant changes that need to be made. Due to the extent of changes being proposed, staff recommend that the Board repeal the existing Ground Transportation Policy and replace it in its entirety with the attached policy. At its December 17, 2013 meeting, the BCC tabled the item and directed the Department to meet with industry representatives and return for a date certain 2nd public hearing scheduled for January 21, 2014 with final recommended changes to the policy. The meeting with the industry occurred on January 2, 2014 resulting in the revised policy being presented for adoption by the Board. OPTIONS: Approve, Reject or Table. RECOMMENDATIONS: It is Staff's recommendation that the Board approve this Ordinance regulating the Ground Transportation Policy at the Northwest Florida Regional Airport. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 15 Packet Pg. 16 Packet Pg. 17 Packet Pg. 18 Packet Pg. 19 Packet Pg. 20 Packet Pg. 21 Packet Pg. 22 Packet Pg. 23 Packet Pg. 24 Packet Pg. 25 Packet Pg. 26 Packet Pg. 27 Packet Pg. 28 Packet Pg. 29 Packet Pg. 30 Packet Pg. 31 Packet Pg. 32 NORTHWEST FLORIDA REGIONAL AIRPORT GROUND TRANSPORTATION POLICY REVISED 1121114 ADOPTION 3/ 1114 1 Packet Pg. 33  TABLE OF CONTENTS ITEM DESCRIPTION PAGE General 5 Article 1 Definitions 5 Article 2 Commercial Vehicles 8 2.1 General 8 2.2 Application Form 8 2.3 Permits 9 2.4 Decals 9 2.5 Vehicles 9 2.6 Vehicle Exterior and Interior 10 2.7 Vehicles Under Repair 10 2.8 Transfer of Permits 10 2.9 Equipment 10 2.10 Insurance 11 2.11 Hold Harmless 11 2.12 Vehicle Inspections 11 2.13 Passenger Rates 12 2.14 Care of Premises 12 2.15 Dress 12 2.16 Identification Badge 13 2.17 Business Tax Receipt 13 2 Packet Pg. 34  2.18 Refunds 13 2.19 Signage 13 2.20 Subcontracting Vehicles 13 Article 3 Operational Procedures 14 3.1 Passenger Pick Up 14 3.2 Passenger Drop Off 14 3.3 Ready Line 14 3.4 Queue 15 3.5 Refusal of Fare 15 3.6 Parking 15 3.7 Silent Paging 15 3.8 Pre-arranged Pick Up 15 3.9 Airport Hours of Operation 16 3.10 Enforcement 16 Article 4 Courtesy Vehicles 16 Article 5 Bus Permits 17 Article 6 Courier/Delivery Services 17 Article 7 Exempt Activities 17 Article 8 General Rules 17 Article 9 Advertisements on vehicles 18 Article 10 Charitable and Religious Events 19 Article 11 Background Checks 19 3 Packet Pg. 35 Article 12 Disqualifications 20 Article 13 Suspension and Revocation 20 13.1 Conduct 20 13.2 Suspension 20 13.3 Revocation 20 Article 14 Enforcement 20 14.1 Authority 20 14.2 Penalties 21 Article 15 Authority of Airports Director 21 To Establish Additional Rules and Regulations Attachment A Acknowledgment Letter 23 Attachment B Hold Harmless 24 Example 1 Rate Sheet 25 Schedule A Fees 26 4 Packet Pg. 36 THE NORTHWEST FLORIDA REGIONAL AIRPORT GROUND TRANSPORTATION POLICY ("POLICY") PERTAINS TO AND COVERS INTRASTATE TRAVEL ONLY. DIFFERENT RULES, REGULATIONS, AND INSURANCE REQUIREMENTS APPLY TO INTERSTATE TRAVEL. PLEASE SEE FLORIDA STATUTES FOR MORE INFORMATION ON INTERSTATE TRAVEL. GENERAL All Commercial Vehicles utilized to pick up passengers, pick up or drop off baggage, packages, or any item or object in general, shall be required to comply with this Policy. Commercial Vehicles shall have valid Airport Permits and shall observe all rules and regulations of Northwest Florida Regional Airport ("Airport") and the laws of the State of Florida. This Policy is not applicable to the following unless specified herein: 1. Air Cargo transportation vehicles. 2. Military owned vehicles. 3. Operators who discharge passengers and baggage only. 4. Church vans or buses with proper church signage and registration. S. Private passenger vehicles (i.e., non-commercial vehicles). ARTICLE 1 DEFINITIONS The following words and phrases when used in this ordinance have the meaning as set out herein: AIRPORT: All land encompassed by the Northwest Florida Regional Airport, including, but not limited to, streets, parking areas, and approaches. AIRPORT PERMIT: A color coded decal which has been lawfully obtained from the Airports Director and affixed in accordance with Article 2, Section 2.3, to the Commercial Vehicle, which allows the operator to conduct business at the Airport. A recipient of a permit may be referred to as "Permittee". BACKGROUND CHECKS: The ground transportation company is responsible to provide Airport Administration a background check on all Operators (including owners). Please see Article 11 for more information and Article 12 for disqualifications. BUS: A large motor-driven passenger vehicle, fifteen passenger and above. CELL PHONE LOT: The cell phone lot is for passenger pick up use only. Commercial Vehicles are prohibited from entering or waiting in the cell phone lot. S Packet Pg. 37  CHILD RESTRAINT REQUIREMENTS: Every operator of a motor vehicle, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is five (5) years of age or younger, provide protection of the child by properly using a crash-tested, federally approved child restraint device. For children aged through three (3) years, the device must be a separate carrier or a vehicle manufacturer's integrated child seat. For children aged four (4) through five (5) years, a separate carrier, and integrated child seat, or a seat belt may be used. FL Statute 316.613. COMMERCIAL VEHICLE: All vehicles, except private passenger vehicles, engaged in the business of transporting passengers or packages. Commercial vehicles shall include, but is not limited to, taxicabs, vans, shuttles, limousines, buses, courier/delivery vehicles, etc. COURIER/DELIVERY SERVICE: An operator who transports supplies, baggage, small packages, etc. for hire from Northwest Florida Regional Airport to various places. COURTESY VEHICLE: A vehicle which carries persons between the airport and off airport businesses (such as valet parking lots, hotels, motels, and attractions) for which the passenger pays no charge. It is not a "for hire" vehicle. Also, the vehicles must be identified with permanent company logo of the off-airport business. Vehicles shall be owned by the off-airport business and operated by employees of the off-airport business. CRUISING: The driving of a Commercial Vehicle at the Airport in search of or soliciting prospective passengers for hire. Cruising is prohibited. DISP ATCHER: An employee who directs the movement of ground transportation services at the Airport. Directs, controls, coordinates, all departures of all personnel (except pre-arranged) for all ground transportation companies that work the ready and queuing lines. The dispatcher will be the direct link between the passenger(s) and the ground transportation company. Disputes shall be settled by the dispatcher, coordinator, Airport Director or designated representative. Additional rules and regulations will be forthcoming when the dispatcher is hired. The Airport Director reserves the right to contract for a ground transportation dispatcher. FARE: Monetary compensation received from/for any person, baggage, package, or any item accepted for delivery or to be transported off the airport property. This term is also synonymous with the term "passenger." HOURS: It is unlawful for any Operator to operate a Commercial Vehicle for more than fifteen (15) hours within any twenty-four (24) hour period. All City, County, State and Federal rules must be adhere to FL Statutes 316.302 2 (b). 6 Packet Pg. 38  IDENTIFICATION BADGE: The ground transportation company is responsible for providing each Operator an identification badge. Please see Article 2, item 2.16. INSPECTION: Commercial Vehicle inspection at the Airport. The Airport Director or designee may inspect a Commercial Vehicle at any time while it is at the Airport. LIMOUSINE: A large luxurious chauffeur-driven stretch sedan that sometimes has a glass partition separating the driver's seat from the passenger compartment for hire that is not configured with a taximeter and which charges unrnetered rates predetermined on a contractual basis for carrying passengers by pre-arrangement or contract. Limousines signage shall be a license plate on the front of the vehicle with the name of the company listed. SUV's and Town Cars are not considered limousines if they work the ready line or queue line. These vehicles must have signage on both sides of the vehicle. Magnetic signs will not be allowed. OPERATOR: The owner or other person, firm or corporation operating or controlling the operations of one or more vehicles or any person who has rented such vehicle for the purpose of operation by its own agents. PASSENGER: (See FARE) PRE-ARRANGED TRANSPORTATION: Transportation that has been arranged or prepaid for a passenger prior to the passenger's arrival to the Airport. Pre-arranged pickups cannot be conducted from the Ready Line. A separate parking and pickup area shall be designated by the Airport Director. Operators must stand by their vehicles at all times unless conducting silent paging outside the Terminal Baggage Claim area or adjacent to the vehicle. Vehicles shall not arrive for their pre-arranged pick up any earlier than 30 minutes. QUEUE AREA: A location designated by the Airport Director that is within reasonable proximity to the entrance of the Airport terminal where authorized Commercial Vehicles may wait for eventual access to the ready line. This area is not for passenger pick up. Vehicles may not be on Airport property while the Airport is closed. The Airport officially opens at 4:30 a.m. and all vehicles shall be off Airport property thirty (30) minutes after the last flight. RATE SHEET: The rate sheet shall include a complete schedule of all rates and charges for transportation in the Commercial Vehicle of persons, packages, and baggage. READY LINE: The ready line shall be located on the front curb adjacent to the baggage claim exit. 7 Packet Pg. 39  REFUNDS: Refunds for permits are not usually gIven under normal circumstances. Please see article 2, item 2.18. REVOCATION: The discontinuance of an Operator's or firm's privilege to operate at the Airport. Reinstatement of operating privileges may be applied for after one year's time. Subsequent revocations or suspensions shall result in permanent loss of privileges to conduct business at the Airport. SILENT PAGING: Holding or displaying a sign, which has been constructed of materials and design that have been approved by the Airport Director and upon which a customer's name is imprinted. SOLICITING: Attempting to or seeking to entice or persuade a passenger(s) to use a particular Commercial Vehicle. Business promotional items such as business cards, pens, key chains, etc. cannot be left or posted in or near the terminal. Company name and telephone number on shirt or hat is not considered soliciting unless the driver is inside or outside the terminal walking around looking for business. Soliciting is prohibited. SUSPENSION: The temporary discontinuance of a company' s or Operator's right to conduct business at the Airport for a period to be determined by the Airport Director. TAXICAB/SHUTTLE: A public passenger vehicle which carries passengers, baggage and parcels for hire at lawful rates of fare and is licensed by the proper governmental authority. UNITED STATES MILITARY OWNED VEHICLES: Military owned vehicles will be allowed to pick up or discharge passengers at the front entrance. The vehicle operator must stay with the vehicle. ARTICLE 2 COMMERCIAL VEHICLES 2.1 GENERAL: All Commercial Vehicles operating at the Airport shall comply with all applicable local, state and federal laws, codes, and regulations. There shall be no limit to the number of vehicles permitted by an Operator. However, each vehicle shall have a valid permit. 2.2 APPLICATION FORM: Each Operator desiring to obtain a new Airport Permit or renew an existing permit shall fill out a permit application in Airport Administration during the hours of 8:00 A.M. - 10:00 A.M. and 1:00 P.M. - 3:00 P.M. , Monday thru Friday, except holidays. Each vehicle for which a permit is requested must have a current registration listed as class code 9, a title listed as taxi and insurance as 8 Packet Pg. 40 required before the application form will be processed. Full payment of the required Airport Permit fee must accompany each application form or the application will not be processed. Fees must be paid by cash or check. 2.3 PERMITS: Operators desiring to conduct business at the Airport shall obtain an Airport Permit, which includes a color-coded decal, before engaging in picking up passengers, baggage, parcels, or any other person or thing for which the Operator will receive a Fare or any other type of compensation. Permits will not be required to discharge passengers at the Airport. Permit applicants must sign a statement (see Attachment "A") acknowledging they have received a copy of and agree to comply with this Policy. The signed acknowledgment will be kept on file in Airport Administration. Any person who refuses to sign such the acknowledgment will not be eligible for a permit. The issuance of a permit to the Operator is not to be construed as permission to perform any other commercial activity at the Airport. Operators are strictly prohibited from entering into contracts with Airport tenants for delivery of baggage and/or passengers without acquiring a permit from the County. Permits shall be issued by Airport Administration upon all permitting requirements being met. Permitting fees are set forth in Schedule A, attached hereto. Permits shall expire one (1) year from the date of issuance. No Commercial Vehicle shall be allowed to pick up passengers and/or baggage, packages, or any item from the Airport without a valid permit. Out-of-town companies shall be charged a one-time fee for any pick up. Such authorization shall be limited to one pick up per quarter. Registration and inspection of the vehicle will be required. However, background checks and motor vehicle records will not be required. To qualify as an out-of-town company, the company must be located at least seventy-five (75) miles from the Airport. There are annual, quarterly and one-time permits. 2.4 DECALS: Upon full payment of all permit fees and compliance with all permitting requirements, a permit decal shall be issued for each Commercial Vehicle listed on the Airport Permit. Only those Commercial Vehicles displaying valid permit decals shall be allowed to pick up passengers, baggage, parcels or conduct business at the Airport. Decals shall be permanently affixed on the left side of the rear bumper or in an upright position to the left side of the rear window and shall be clearly visible at all times. Temporary permits shall be hung on the rear view mirror and shall be clearly visible and legible at all times. No decal shall be purposely defaced, changed, altered or obstructed. No decal shall be required to enter the Airport to discharge passengers. All letters and numerals on decals must be legible at all times. In the event a decal is lost or damaged beyond recognition, a replacement decal may be obtained at no charge by the Operator upon submitting shall submit a statement in writing setting forth the circumstances resulting in the loss or damage of the original decal. 2.5 VEHICLES: All companies shall have a vehicle fleet at the Airport no older than ten (10) years in age. Existing companies with fully-permitted vehicles shall have three (3) years from the date of this Ordinance to comply with this requirement. All companies shall be in full compliance no later than three (3) years from the date of this 9 Packet Pg. 41  Ordinance. Existing companies shall not be allowed to register a non-compliant vehicle after October 1,2015. 2.6 VEHICLE EXTERIOR AND INTERIOR APPEARANCE: Vehicles shall be maintained appropriately. The exterior and interior shall be fully operational, safe, neat, clean and presentable at all times. Airport Administration shall have the right to require the Permittee to clean and repair any vehicle found in violation of this section. Further, Airport Administration shall require that any equipment that is not fully operational or that has sustained exterior or interior damage, which adversely affects the safety, appearance, comfort or performance, be removed from service immediately and repaired. Prior to such vehicle resuming its operations at the Airport, the vehicle shall be re-inspected. 2.7 VEHICLES UNDER REPAIR: If the company uses a replacement vehicle, the company must transfer the permit from the disabled vehicle, or obtain a temporary permit for the new or temporary vehicle. All requirements necessary for the issuance of permits or transfer of permits will apply. 2.8 TRANSFER OF PERMITS: Permits may be transferred to another vehicle upon successful completion of the safety inspection and payment of the transfer fee established in Schedule A. All other rules and regulations of this Policy must be strictly adhered to. 2.9 EQUIPMENT: All Commercial Vehicles shall be air-conditioned and heated and shall have three (3) or more doors. Commercial Vehicles must be vehicles with sufficient seats for each passenger and capable of carrying passengers and baggage with comfort and safety. Child restraint devices are required to transport children. Child restraints must be in accordance with Florida Statutes. Commercial Vehicles shall be equipped with communications capability to contact someone in an emergency situation. Commercial Vehicles shall display the name of the company with signage, which clearly defines the permitted vehicle as a Commercial Vehicle. (1) Each Commercial Vehicle shall carry, within the passenger compartment of the vehicle, an up to date and fully charged, United Laboratories tested or National Fire Protection Association (NFPA) approved ABC fire extinguisher and each Operator shall be proficient in its operation and use. (2) Each Commercial Vehicle shall be equipped with a trash or refuse receptacle to be utilized by Operator and passengers for refuse, trash, etc. It is expressly prohibited for anyone to throw or dump trash, as defined in FL Statute 403, from a motor vehicle onto roads, rights of way, or any County property. FL Statute 403.413, also known as the Florida Litter Law shall be strictly enforced. Okaloosa County Ordinance No. 87-33 Section 11-132. 10 Packet Pg. 42  (3) Commercial Vehicles shall contain two (2) road side flares or reflector type warning devices, all equipment necessary to change a tire, and an adequately inflated operational spare tire designed for the vehicle in which it is carried. 2.10 INSURANCE: Permittee shall obtain and maintain continuously in effect at all times during the term of the permit, automobile liability insurance covering ground transportation operations at the Airport. All automobile liability insurance shall provide not less than THREE HUNDRED THOUSAND ($ 300,000) dollars Combined Single Limit (CSL) bodily injury and property damage liability. Workers Compensation insurance shall be included, unless expressly exempted by law. All insurance shall name Okaloosa County as an additional insured. Permittee shall give the County thirty (30) days prior written notice of any cancellations of insurance, or any reduction in coverage or any other major changes in insurance. Permittees shall provide to County proof of insurance in the term of an original certificate of insurance including a schedule of covered vehicles evidencing all insurance and a current list of authorized drivers under their policy. The County reserves the right to increase the minimum liability and public liability insurance requirements as circumstances may warrant. 2.11 HOLD HARMLESS: Each Operator must sign a Hold Harmless Agreement prior to permitting which shall be kept on file in Airport Administration. Please see Attachment B. Hold Harmless Agreement. To the fullest extent permitted by law, Permittee shall indemnify and hold harmless OKALOOSA COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Permittee and other persons employed or utilized by the Permittee in the performance of this Agreement. 2.12 VEHICLE INSPECTIONS: The Airport Director, designee, or any Airport Police Officer may inspect a Commercial Vehicle at any time while on Airport property. All permit applicants must have their vehicles inspected. Inspections are conducted by the Airport Police Officer or a designated representative of the Airport Director. Vehicles shall be inspected for air conditioning and heating, cellular phone, ABC fire extinguisher, first aid kit, flares or triangles, proper signage on the vehicle, proper proof of insurance, proof of vehicle registration, cleanliness, appearance, and vehicle safety equipment, i.e., head lights, tum signals, hom, brakes, brake lights, seat belts, windshield wipers, tires, windshield, muffler(s), mirrors and proper attire. Windshields shall be free of cracks in excess of one (1) inch in length. All vehicles shall be free of damage, both interior and exterior, which may pose a threat to the public. All door locks shall be in working order. All equipment shall be operated in accordance with Florida State Law. Any Commercial Vehicle in violation of this Policy or Florida Law while at the Airport shall be required to immediately leave the Airport until the noted defects are corrected. Upon re-entering the Airport and before conducting any business, the Operator shall 11 Packet Pg. 43 contact Airport Administration or the Airport Police for re-inspection of the defective Commercial Vehicle. A vehicle lacking the proper equipment must leave the Airport until such discrepancy is corrected. Vehicles will only be inspected in the pre-arranged parking area. No-notice random inspections may be conducted anywhere on the Airport. Okaloosa County, Northwest Florida Regional Airport, and Airport Police shall not be held liable for any vehicle's mechanical failures. The vehicle inspection is a safety inspection and not a mechanical inspection. Okaloosa County, Northwest Florida Regional Airport, and Airport Police do not warrant, guarantee, or make any representations regarding the mechanical condition of the vehicle. 2.13 PASSENGER RATES: Fees are established by individual companies as set forth in its rate sheet. The rate sheet shall include a complete schedule of all rates and charges for transportation, additional personnel, and/or baggage. The rate sheet shall include all charges. There shall be no hidden costs. The rate sheet shall be displayed inside the vehicle in plain sight for the passenger(s) to review. Rate sheets shall measure a minimum of seven (7) inches by nine (9) inches in dimension with minimum size lettering of 12 font on a computer. The rate sheets will be kept on file in Airport Administration. The rates shall not be changed until a new copy of the rate sheet is filed with Airport Administration (please see Example 1). If the vehicle is equipped with a meter the rates shall be posted inside the vehicle in plain sight and a copy of the rates will be kept on file in Airport Administration. The rates shall not be changed until a copy of the new rates is filed with Airport Administration. In addition to the rate sheet, each vehicle shall post on the back passenger window, in plain view within sight of the customer, the top ten destinations (as determined by Airport Administration). Please see Example 2 to include pricing. Vehicles must display in plain view if the company only accepts cash or checks (i.e., no credit cards, vouchers, etc.) and the company shall also advise Airport Administration of same. 2.14 CARE OF PREMISES: Operators shall keep the Queuing Area and the Ready Line of the Airport neat, clean and orderly at all times. Drivers/companies shall not leave anything on Airport property (trash bags, vehicle parts, tires, etc.). Smoking shall be allowed only in designated areas. Cigarette butts shall be placed in the appropriate containers. No smoking will be permitted on the Ready Line. 2.15 DRESS: While on duty, each Operator shall practice good hygiene. Hair, including facial hair, shall be neat, trimmed and present a groomed appearance. Operators shall be clean and neatly dressed at all times while conducting business at the Airport. Operators shall wear business clothing, a button down, polo, or collared shirt with sleeves with the company name and/or logo listed (pin on name tag or embroidery). Slacks or jeans shall be clean and in good condition. Pants cannot have holes in them (knees or pockets). Shorts may be worn. Shorts must be no more than three (3) inches above the knee. Operators must wear shoes. Flip flops (thong type) shoes are not authorized. Three (3) violations of this dress code may result in suspension and/or revocation of the Airport Permit(s). 12 Packet Pg. 44  2.16 IDENTIFICATION BADGE: The ground transportation company is responsible for providing each Operator an identification badge. The ID badge will be issued after the favorable background check is provided to Airport Administration. The ID badge shall be worn by the Operator and be visible at all times while conducting business on Airport property. The ID badge shall be no smaller than 3.5" X 2" and shall have the Company's name listed along with the individual's name, picture, height, weight, color eyes, and color hair. 2.17 BUSINESS TAX RECEIPT: It shall be unlawful for any person to be engaged in or carryon the business of operating a Commercial Vehicle without first obtaining a Business Tax Receipt from the Okaloosa County Tax Collector to do so. 2.18 REFUNDS: Refunds for pennits are not usually given under nonnal circumstances. The Airport Director or designee may authorize a refund in extreme cases. The refund, if approved, shall be pro-rated depending on the amount of time that the pennit was issued. The request for a refund shall be made in writing and submitted to the Airport Director. Refund requests shall be reviewed on a case by case basis. 2.19 SIGNAGE: All Commercial Vehicles shall have proper signage. Proper signage shall include the name of the company. The signs shall be at a minimum of 12 inches by 18 inches or 216 square inches with the name of the company in letters no smaller than 2 inches in height. Any other wording may be in smaller letters. Each vehicle shall have at least two signs, one posted on each side of the vehicle. Signs must be pennanent on the vehicle. Magnetic signs can be used on the vehicle for additional infonnation but not in lieu of the required signs. Magnetic signs can be used as the main sign (temporarily) in the case of a replacement vehicle (due to accident or regular vehicle in shop for maintenance) and the replacement vehicle is registered with Airport Administration. Magnetic signs on temporary vehicles may not last more than thirty (30) days. Limousines are exempt from the above signage policy as written. Limousines must have the name of the company on the front license plate. 2.20 SUBCONTRACTING VEHICLES: Subcontracting Commercial Vehicles for short tenn events or special pick ups must obtain an Airport Permit. Types of vehicles include rental cars/trucks, U-hauls, trailers, etc. Insurance requirements shall be the same as regular vehicles. Rental agreements or vehicle registration must be presented at time of obtaining the pennit. Permits must be obtained prior to pick up. See Schedule A for subcontract vehicle and trailer fees. ARTICLE 3 OPERATIONAL PROCEDURES 3.1 PASSENGER PICKUP: Passenger pickup shall be on a first-come, first- out basis, however, passengers are permitted to select a Commercial Vehicle of their choice. No Commercial Vehicle shall carry a passenger while in the process of carrying 13 Packet Pg. 45 another paying passenger unless mutually agreed upon by both passengers. A scheduled pre-arranged passenger may request another passenger that is not currently pre-arranged to ride with them. No Commercial Vehicle shall take two voucher passengers at the same time, except if the same family has two vouchers. (Example: If the Mother and child have one voucher and the father is on a separate voucher.) No Operator shall permit more persons to be carried in a vehicle than the rated seating capacity of the vehicle. Children must be positioned in an approved child restraint device/seat. In accepting passengers, Operators shall not discriminate on the grounds of race, color, national origin, gender, religion, creed, politics, or affiliation with any group. Operators shall not refuse a passenger desiring service because of short or long haul destination. Operators are prohibited from loitering or standing inside the Airport terminal. Operators are not allowed to solicit prospective customers. Example: If a prospective passenger approaches a Operator while the Operator is in the terminal, the Operator is not allowed to take that passenger. The Operator must refer that passenger to the front curb, first vehicle in the ready line. 3.2 PASSENGER DROP OFF: Commercial Vehicles, which are dropping off passengers at the Airport, may proceed directly to the terminal entrance for drop off. If a Commercial Vehicle is dropping off a passenger at the Airport and is requested by the passenger to wait so the passenger can continue to their final destination in the same Commercial Vehicle are not required to enter the Queue Area. They may proceed to the pre-arranged parking area. Passengers may be charged for waiting time. Commercial Vehicles waiting for passengers to continue on their original journey may not pick up passengers and shall leave the Airport only with their original passenger. 3.3 READY LINE: A maximum of two (2) Commercial Vehicles at anyone time will be allowed in the Commercial Vehicle ready line. Operators must stay with their vehicles at all times. When necessary for use of restroom facilities or the terminals restaurants, Operators may be absent from their taxicab for not more than five (5) consecutive minutes. Commercial Vehicles are not committed unless they have baggage or an individual in their vehicle. Once the passenger(s) are loaded in the vehicle the Operator shall push the button for the next Commercial Vehicle in the queuing line to proceed to the front curb. The Airport Director may change the location of the Ready Line or the number of vehicles allowed to occupy the ready line. Notification to companies may be provided verbally or in writing. The Ready Line may be temporarily relocated by enforcing authorities, without written notice, during emergencies or when deemed appropriate. Vehicles that leave the ready line with a passenger, and the passenger informs the driver that he/she does not have money for the fare, while still on Airport property may return to the ready line. The driver must contact the Airport Operations Center (AOC) prior to approaching the ready line. 3.4 QUEUE: Commercial Vehicles with valid Airport Permits wishing to pick up passengers must enter the Queue Line then proceed to the Ready Line. 14 Packet Pg. 46 Commercial Vehicles may not pickup passengers without first entering the Queue line unless a pre-arranged pick up is made under 3.8 below. All passenger pickups shall be made at the front curb. Acceptance of any baggage, package, parcel, or any item for delivery or transport constitutes a fare and the taxicab wi1lleave immediately. Operators may be absent from their vehicles for not more than five (5) consecutive minutes. 3.5 REFUSAL OF FARE: Commercial Vehicles shall not refuse a passenger fare while at the front curb. Commercial Vehicles refusing a fare shall immediately leave the curb without picking up any other fare and either leave the airport or move to the rear of the Queuing Line (Holding Area). Commercial Vehicles shall not be required to accept a fare that desires to have the bill placed on a charge basis, whether it is an individual, company, or other charge basis if that company does not accept credit cards and/or vouchers. Companies must notify Airport Administration in writing if they do not accept credit cards or vouchers. If companies accept credit cards, there shall not be a self-imposed limit. In the event the Operator refuses such a fare, the passenger shall be referred by the Dispatcher to the next Commercial Vehicle in line. Operators may refuse a fare (prospective passenger) who is disorderly, belligerent, vulgar, violent or intoxicated or has children that require child restraint devices and their vehicle is not equipped with these devices. In such cases, the Airport Police will be notified immediately. Such refusal will not jeopardize a taxicab's place in the Ready Line. 3.6 PARKING: Limousines, buses, or trucks picking up parcels or passengers shall park in designated spaces only. 3.7 SILENT PAGING: Operators will be allowed to conduct Silent Paging as long as they are parked in the pre-arranged area outside the terminal baggage claim area. Operators may hold a sign, '""hich has been constmcted of materials and design that have been approved by the Airport Director with the pre-arranged customer's name imprinted upon it. The silent paging board must be professionally made and it must The sign can have the Operator's company's name listed for large parties along with the name of the event. The list of names for the event shall be provided to Airport Administration at least twenty four (24) hours in advance. Silent Paging may be conducted in the baggage claim area no closer than the first column or in the pre-arranged area outside the terminal baggage claim area. 3.8 PRE-ARRANGED PICK UPS: Commercial Vehicles with a valid permit issued under this Ordinance shall be allowed to pick-up passengers, baggage, or parcels with a pre-arranged agreement and shall be allowed to park at areas designated for pre- arranged pick-up parking areas. Pre-arranged, not from Terminal, pick-ups must be scheduled prior to arrival at the Airport for the pick-up with the name of the passenger(s). Pre-arranged pickups can come from the queuing line. 3.9 AIRPORT HOURS OF OPERTATION: The Airport terminal opens one hour prior to the first departure. Commercial Vehicles are not allowed on Airport 15 Packet Pg. 47  property when the Airport is closed. Commercial Vehicles may enter the Queue Line starting at 4:30 a.m. and shall leave the Airport no later than 30 minutes after the last arriving flight. 3.10 ENFORCEMENT: Airport Police is are responsible for enforcing these rules, regulations, and procedures and maintaining orderly operations as specified above. Violations of these operational procedures may result in a fine and/or suspension, or revocation of a permit as determined in accordance with Article 13 & 14 of this Ordinance. ARTICLE 4 COURTESY VEHICLES 4.1 GENERAL: Operation of any not for-hire Courtesy Vehicle shall be allowed only by a valid Airport Permit, which includes a color-coded decal as required by this Article. Holders of such permits shall observe all applicable laws, codes, and regulations of this Policy. The issuance of a permit to the Operator is not to be construed as permission to perform any other commercial act at the Airport. Operators are strictly prohibited from entering into contracts with airport tenants for delivery of baggage and passengers without express written consent of the County. Permit applicants must sign a statement (see Attachment "A") acknowledging they have read and agree to comply with this Policy. The signed acknowledgment will be kept on file in Airport Administration. Any person who refuses to sign such the acknowledgment will not be eligible for a permit. All other requirements necessary for the issuance of the annual airport permit shall be met. Permits are issued by Airport Administration under the direct supervision of the Airport Director. 4.2 PERMIT FEE: An annual fee is established by the County (see Schedule A) for each Courtesy Vehicle for the privilege of picking up passengers at the airport. Fees shall be paid in advance. All other requirements necessary for the issuance of the airport permit must be met. No courtesy vehicle will be allowed to pick-up passengers from the airport without a valid permit. Permits are issued by Airport Administration. * Please see Article 2 and 3 of this Ordinance for rules and operational procedures. ARTICLE 5 BUS PERMITS 5.1 GENERAL: Operator is permitted to conduct operations from date of formal execution of this permit by County. Operator shall load and unload passengers from their pre-arranged parking area. The Airport public paging system shall not be used in the conduct of this business. Operators shall have a valid commercial driver's license. All other requirements necessary for the issuance of the Airport Permit shall be met. 16 Packet Pg. 48  5.2 PERMIT FEE: An annual fee is established by the County (see Schedule A) for each bus for the privilege of picking up passengers at the airport. Fees shall be paid in advance. All other requirements necessary for the issuance of the airport permit must be met. No bus will be allowed to pick-up passengers from the airport without a valid permit. Permits are issued by Airport Administration. ** Please see Article 2 and 3 of this ordinance for rules and operational procedures. ARTICLE 6 COURIERIDELIVERY SERVICES A permit is required for courier/delivery services. 6.1 Commercial Vehicle Operators may perform courier/delivery services of small packages shipped by airlines to businesses, hospitals and individuals as emergency need with a valid permit. 6.2 Commercial Vehicle Operators are not permitted to pick up passengers when performing a courier/delivery service. ARTICLE 7 EXEMPT ACTIVITIES A permit is not required for United States Postal Service, UPS, FedEx, or Airborne Express to pickup small packages when prior arrangements have been made for packages to be picked up for delivery to off airport destinations. ARTICLE 8 GENERAL RULES 8.1 Operators waiting on the Queue Line must remain alert (no sleeping). 8.2 Operators waiting in the Queue Line are not permitted to conduct any maintenance on their vehicles. 8.3 Operators are prohibited from engaging in loud noisy, boisterous, offensive, or objectionable behavior while at the Airport. 8.4 Obscene, vulgar, abusive language or language which could be offensive to others is prohibited. 8.5 No gambling of any kind is allowed. 8.6 Operators are prohibited from using/ingesting any intoxicant or any substance 17 Packet Pg. 49 that may impair the driver's judgment or ability to operate a motor vehicle for eight (8) hours before reporting for work and during any work period. 8.7 No Operator shall consume, possess, purchase, sell or knowingly allow any of hislher passengers to consume, possess, purchase or sell any illegal or controlled substance while in the Commercial Vehicle or on County property. 8.8 No Operator shall use tobacco products of any kind while transporting passengers. Smoking on Airport property is allowed in designated areas only. 8.9 Solicitation, advertising or similar activities are prohibited. 8.10 Operators are authorized to have a weapon in their vehicle if the driver has a valid concealed weapons permit and it is in compliance with their company's policies. Operators must comply with FL Statute Chapter 790 at all times. ARTICLE 9 ADVERTISEMENTS ON VEHICLES 9.1 ADVERTISEMENTS: Companies may pursue advertising on vehicles. Advertisements must be from reputable businesses. There shall be no advertisements that could be offensive to any other person or group as determined by the Airport Director or designee. Any aggrieved Company may appeal the Airports Director's decision to the County Administrator wi thin five (5) business days. If the Company is not satisfied with the County Administrator's decision the Company may appeal to the Board of County Commissioners at the next regular scheduled meeting. 9.2 APPROVALS: Companies must submit a request for approval to the Airport Director prior to posting advertisement on any vehicle. Requests for approval must include a complete sample of the proposed advertisement. 9.3 DISPLAY: Display of advertisements must not interfere with the signage that is required under Article 2.19 of this ordinance. Display must also adhere to County and State requirements/laws pertaining to covering of vehicle windows. ARTICLE 10 COMMERCIAL OPERATORS PERFORMING FOR CHARITABLE AND RELIGIOUS EVENTS Commercial Vehicle Operators sometimes provide ground transportation for charitable and religious events by transporting VIP's and celebrities from the Airport to their destination without charge. In this event, Operators shall comply with the following: 18 Packet Pg. 50  10.1 Permit is not required when transportation is without charge. 10.2 Operator shall apply to the Airport Director for prior approval to pick up the persons involved in the event. The application shall identify the event, name of the passenger, flight, and arrival time. 10.3 The Airport Director shall be authorized to grant a waiver of permit if it is determined that events are charitable or religious. 10.4 Application for a waiver of permit shall be made three (3) or more days in advance of passenger arrival. 10.5 The designated parking space for this activity shall be in the short/long term parking area or any place so designated by the Airport Director. 10.6 Operator shall coordinate with Airport Police on each pick-up. ARTICLE 11 BACKGROUND CHECKS The ground transportation company is responsible to provide Airport Administration a background check on all of its Operators (including owners) before issuance of the identification badge. This has to be accomplished before the Operator can operate at the Airport. 'The background check shall include a criminal records fifty states (Department of Corrections Records, County Records, Court Records, Sheriff Records) databases, convictions only, which shall include felonies, misdemeanors, parole, supervision and incarceration. The background check shall also include a sexual offender/predator search. A three (3) year Florida Driver's License history is required initially and annually by October 1st. Please see disqualifications under Article 11. Background checks shall be updated every three (3) years or whenever an individual has taken extended time off from driving and turned into Airport Administration. Operators are required to report to Airport Administration any arrests on any Operators immediately. The Airport Director or designee reserves the right to request a background check on any Operator at any time. ARTICLE 12 DISQUALIFICATIONS Any conviction for any felony conviction for any crime or prior conviction or revocation of a license anywhere shall disqualify any Operator from operating a Commercial Vehicle at the Airport. If the felony is over ten (10) years old and the Operator's record has been clean since, they may work at the Airport. 19 Packet Pg. 51  ARTICLE 13 SUSPENSION AND REVOCATION 13.1 CONDUCT: Operators shall be governed by all rules, regulations, ordinances, and laws in effect at the Airport. 13.2 SUSPENSION: a. Upon establishment of facts indicating an owner, operator or driver's failure to comply with the provisions of this Article while at the Airport, a Law Enforcement Officer is authorized to order the person to depart the Airport, issue a citation to such a person, or arrest such person for violation of this Policy. A detailed report shall be submitted to the Airport Director setting forth the circumstances of the ordered departure, citation or arrest. b. The Airport Director or designee is hereby authorized to suspend any Airport Permit for violation of this Ordinance. Such suspension to last for a period of not more than thirty (30) days; provided, however, that the Airport Director or designee provide the permit holder with a written statement of the reason for suspension and a reasonable opportunity to respond prior to the effective date of suspension. 13.3 REVOCATION: The Airport Director or designee is authorized to revoke any Airport Permit for failure to comply with the provisions of this Ordinance. However, a permit may not be revoked unless the Operator has received written notice of intent to revoke and has had an opportunity to present evidence on its behalf to the Airport Director within three (3) working days. Any aggrieved permit holder may appeal the Airports Director's decision to the County Administrator within five (5) business days. If the permit holder is not satisfied with the County Administrator's decision the permit holder may appeal to the Board of County Commissioners at the next regular scheduled meeting. ARTICLE 14 ENFORCEMENT 14.1 AUTHORITY: The requirements of this Ordinance are established by the Okaloosa County Florida Board of County Commissioners and enforced by its appointed or authorized representatives, Airport Police, County Courts or other Courts of the State of Florida. The Airport Police duties include the enforcement of Florida Statutes, the inspection and enforcement of this Policy relative to monitoring all Commercial, Public, and Private Ground Transportation at the Northwest Florida Regional Airport and has the authority to inspect all vehicles, permits, insurance, licenses, vehicle registrations, and all company dispatch and driver logs. All Operators shall be required to surrender for 20 Packet Pg. 52  inspection all documents requested by any officer or designated representative, relating to the routine operation and control of all vehicles on County property. Prohibited activities as addressed in this Ordinance may be enforced by any sworn law enforcement officer, County Code Enforcement Officer, or other designated individual specially empowered by the Board of County Commissioners, to enforce the contents of this Ordinance. The power to impound vehicles, permits, decals, permits and licenses, shall be vested in any sworn law enforcement officer. Individuals or companies whose permits, licenses or vehicles have been impounded, will be cited and required to appear before a Judge of the County Court, Okaloosa County, for disposition of the offense. Penalties for violation of this Ordinance shall be in accordance with Laws of the State of Florida, its Motor Vehicle Statutes, and any County Ordinance. Penalties may include fines, suspension of licenses, and/or incarceration at the Okaloosa County Department of Corrections. 14.2 PENALTIES: A violation of any part of this Ordinance, except as provided for in Florida Statutes, may result in a warning, a fine and/or suspension from serving the Airport, a notice to appear, and/or suspension or revocation of the Operator's Airport Pennit for any subsequent violation. Officers may for the first violation send the violator off premises for two (2) hours, second offense for eight (8) hours and third offense for twenty four (24) hours. Any person violating any rules and regulations herein shall be deemed guilty of a misdemeanor punishable by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days or by both. (This sentence has been deleted.) ARTICLE 15 AUTHORITY OF AIRPORT DIRECTOR TO ESTABLISH ADDITIONAL RULES, REGULATIONS, AND FINES The Airport Director is hereby authorized to establish additional rules, regulations, and fines governing the operational procedure of vehicles conducting business at the Airport. The rules and regulations so established shall become effective on approval by the Board of County Commissioners, copies of which shall be placed on file with the Airport Director. Notification by telephone to the company, verbal communication to Operators, or written notification by mail or e-mail shall constitute adequate notification of changes. Copies of rule changes shall be available in Airport Administration during normal business hours. Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) rules and regulations shall take precedence over this Ordinance. All Ground Transportation Companies shall be notified of any changes in writing. 21 Packet Pg. 53  Attachment "A" Date To: Airports Administration From: Company Valid Drivers License No. Individuals Name (Printed) Re: Northwest Florida Regional Airport Ground Transportation Policy I hereby acknowledge that I have read the Ground Transportation Policy and agree to comply with all its policies and procedures. Signature 22 Packet Pg. 54  Attachment "B" INDEMNIFICATION AND HOLD HARMLESS AGREEMENT To the fullest extent permitted by law, PERMITTEE shall indemnify and hold harmless OKALOOSA COUNTY, its officers and employees from liabilities, damages, losses, and costs including, but not limited to, reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the PERMITTEE and other persons employed or utilized by the PERMITTEE in the performance of this Agreement. Permittee's Company Name Signature Physical Address Printed Name Mailing Address Title Phone Number FAX Number Cell Number After-Hours Number 23 Packet Pg. 55  EXAMPLE" 1" RATE SHEET Name of Business Date FROM TO RATE VPS Ft. Walton Beach XXXX VPS Okaloosa Island XXXX VPS Eglin AFB XXXX VPS Shalimar XXXX VPS Crestview XXXX VPS Valparaiso XXXX VPS Destin XXXX VPS Sandestin XXXX VPS Hurlburt Field XXXX VPS Navarre XXXX VPS Pensacola XXXX VPS Panama City XXXX • As you can see, this is not a complete list. This is just an example. Your list shall have all destinations that you travel to. • If you charge for additional people or baggage, you must include that on your sheet. YOU MUST LIST EVERYTING THAT YOU CHARGE FOR. THERE SHALL NOT BE ANY HIDDEN COSTS. 24 Packet Pg. 56  Schedule A FEES Pennits: Vans/Shuttles/Taxicabs $400.00 per year/per vehicle Limousines/SUV s/Trucks Trailers $75.00 per year/per trailer Temporary Quarterly Pennit $225.00 per vehicle Ninety day period Courtesy Vehicles $200.00 per year/per vehicle Busses $200.00 per year/per vehicle Subcontracted Vehicles pennit $50.00 per day/per vehicle trailers $25.00 per day/per trailer Transfer of Penn its $50.00 Out of Town Company $25.00 (One Time Pick-up Quarterly) 25 Packet Pg. 57 Packet Pg. 58 Packet Pg. 59 Packet Pg. 60 Packet Pg. 61 Packet Pg. 62 Packet Pg. 63 Packet Pg. 64 Packet Pg. 65 Packet Pg. 66 Packet Pg. 67 Packet Pg. 68 Packet Pg. 69 Packet Pg. 70 Packet Pg. 71 Packet Pg. 72 Packet Pg. 73 Packet Pg. 74 Packet Pg. 75 Packet Pg. 76 Packet Pg. 77 Packet Pg. 78 Packet Pg. 79 Packet Pg. 80 Packet Pg. 81 Packet Pg. 82 Packet Pg. 83  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board SUBJECT: Support Request for YCC Grant The Workforce Development Board in partnership with Embry-Riddle Aeronautical University (Northern Florida) requests a letter of support from the Okaloosa County Board of County Commissioners for a U.S. Department of Labor grant for the purpose of enhancing the learning experience at the CHOICE High School. Packet Pg. 84 From: Garriga, Ron R [mailto:GARRIGAL@erau.edu] Sent: Wednesday, January 15, 2014 2:35 PM To: Palmer, Jeff; HaleL@mail.okaloosa.k12.fl.us; Don Amunds; manderson@fwb.org; larrys@fgnw.org; jbreit@cox.net; Nathan@florida-edc.org; Jackie@ramadafwb.com; jenny.humbert@neanyinc.com; abookout@troy.edu Subject: IMPORTANT: OCSD Youth Career Connect Grant-Request for letter of support-DEADLINE Jan 21st All, I have had the opportunity to speak with most of you personally and for those I have not please forgive my request for a letter of support in an email; however, we are on a very short suspense date in order to be considered for this amazing opportunity for our community. OCSD and Workforce Development have partnered to apply for a $3 million dollar grant for establishing a hand on Airframe and Powerplant certification preparation facility at the CHOICE HS. ERAU-W’s involvement in this effort is to provide the curriculum, faculty and consulting expertise. There is a summary in the attachment above and examples (examples only) for letters of support that includes any sort of “in kind” donation. We must have MANY letters of support to make this happen. I am asking you to please take the time to complete a letter of support for this initiative at your earliest convenience on your letter head. The deadline for the letters of support is Tuesday, January 21st by COB. Any questions please let me know. Thank you in advance for your time, support and letter! V/r, Ron Ron Garriga Director of Campus Operations-Northern Florida EMBRY-RIDDLE Aeronautical University-Worldwide Fort Walton Beach area campuses: Crestview campus 850-306-1088 Eglin/FWB campus 850-678-3137 Hurlburt Field campus 850-581-2106 Okaloosa Aerospace Academy: Choctawhatchee High School 850-833-3614 Crestview High School 850-689-7177 garrigal@erau.edu Packet Pg. 85 Twitter @ERAUEmerald https://twitter.com/ERAUEmerald Packet Pg. 86  We are excited to share with you that the Okaloosa County School System is applying for a US Department of Labor (USDOL) Youth Career Connect (YCC) Grant. The Department of Labor has identified $100 million fund approximately 25 to 40 grants for individual or multi-site projects. Grants will be awarded to local education agencies, public or non-profit local workforce entities, or non-profits with education reform experience. All grantees will have to demonstrate a strong public/private partnership, and must include, at a minimum, a local education agency, a local workforce investment system entity, an employer, and an institution of higher education... Awards are anticipated to be made in early 2014 for program implementation to align with the 2014-15 school year. The grant opportunity activities will parallel with what we have heard from our local business community to meet the employment needs creating a pipeline of skilled workers. The grant is designed to encourage America's school districts, institutions of higher education, the workforce investment system, and their partners to scale up evidence-based high school models that will transform the high school experience for America's youth. Youth Career Connect schools will strengthen America's talent pipeline through: • Integrated Academic and Career-Focused Learning: Grants will provide students with education and training that combines rigorous academic and career-focused curriculum to increase students' employability in in-demand industries and prepare them for employment, post-secondary education, long-term occupational skills training, or registered apprenticeships. • Work-Based Learning and Exposure to the World of Work: Strong partnerships will provide work- based learning opportunities. In addition to actual work experience, youth participants will also participate in field trips, job-shadowing, or other types of opportunities that provide students with exposure to different career paths and prepare them for the world of work. • Robust Employer Engagement: Employer partners will provide work-based learning and mentoring, creating a path for students to in-demand industries and occupations including those in information technologies, advanced manufacturing and other science, technology, engineering and math (STEM) fields. Employers will also work closely with schools on professional development and training for staff to drive the sustainability of the program over the long term. • Individualized Career and Academic Counseling: As an integral part of the program design, students will be provided with individualized career and academic counseling experiences to strengthen their career and post-secondary awareness and explore opportunities beyond high school. • Integration of Post-secondary Education and Training: Students will participate in education and training, while they are still in high school that leads to credit toward a post-secondary degree or certificate and an industry recognized credential, where appropriate. Packet Pg. 87 Youth Career Connect is designed to provide high school students with a comprehensive learning experience by providing students with challenging, relevant learning opportunities. The specific target grants goals:  Provide education and training that combines academic and technical curricula that focus on a specific in-demand industry or career,  Increase student employability at graduation  Prepare students for multiple career pathways that include placement into: Employment, Post- Secondary Education, Long-term Occupational Skills Training or Registered Apprenticeship The target areas of scheduled training for Okaloosa County Schools proposal will encompass manufacturing and aerospace sector. The proposal is not completed at this time, but planned activities include the career- focused curriculum, training, individualized career and academic counseling, work-based learning and integration of post-secondary education and training. In order to be competitive for the grant award, we need to ask your assistance with the support of the Okaloosa County grant proposal application with a signed letter of commitment/support. Attached is a DRAFT letter for your input preparing a letter from your entity. Included with the letter is any in-kind contribution in support of the grant opportunity. Also attached are suggested areas of in-kind contribution. Because of a short turnaround time for submission of the proposal, we need to request your letter be returned (individuals noted below) no later than Tuesday, January 21st. We are ecstatic with the opportunity for submitting the Youth Career Connect proposal and welcome (and thank you ) for your support of the grant activities. Please contact Patti Bonezzi, CHOICE & CTE District Director if you have any questions or need additional information. (E-mail:BonezziP@mail.okaloosa.k12.fl.us) Assistance with the Letters of Support/Commitment: Ron Garriga Cindy Gates Embry-Riddle Aeronautical University-Worldwide Choctawhatchee High School Director of Campus Operations - Northern Florida Principal GARRIGAL@erau.edu GatesC@mail.okaloosa.k12.fl.us Linda Sumblin Workforce Development Board of Okaloosa and Walton Counties Executive Director lsumblin@jobsplus02.com Packet Pg. 88 January 21, 2013 To Whom It May Concern: On behalf of the Okaloosa County Board of County Commissioners, I enthusiastically submit this letter of support for the Okaloosa County School Board’s Youth Career Connect grant proposal to U.S. Department of Labor. Okaloosa County is home to many military installations, three airports, and thousands of citizens working in aviation and related fields. The Board believes the opportunity to actively support this proposal, aligning work experience opportunities and career awareness activities for the eligible youth participants will continue to support the interests of our county. We also feel this proposal will provide Okaloosa County youth the services and opportunity to successfully prepare for post- secondary education and employability in high-growth industries and occupations that lead to self- sufficiency. Approved funding from the U.S. Department of Labor grant will allow the Okaloosa County CHOICE School, along with community partners to provide high school students with a comprehensive learning experience by providing students with challenging, relevant learning opportunities. The Okaloosa County Commission fully supports the Youth Career Connect grant program elements to strengthen college-and career-readiness by redesigning the high school experience to focus on providing students with career opportunities and/or, develop post-secondary goals. Further, the Board is proud to support the professional working relationship with the Okaloosa County CHOICE School and community partners. Sincerely, Charles K. Windes, Jr. Chairman Packet Pg. 89  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Destin Ft. Walton Beach Airport- Restrictive Covenant DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Airports Department hired the legal firm of Lewis, Longman and Walker, P.A. to negotiate a Restrictive Covenant with the Florida Department of Environmental Protection (FDEP) that involves a portion of the property within the Destin-Ft. Walton Beach Airport (DTS) that has groundwater contamination issues due to an old underground fuel tank that was abandoned. The Board of County Commissioners is requested to sign this document so that further ground water contamination sampling and monitoring activities can cease. BACKGROUND: In April of 2005, during construction of the Fixed Based Operator (FBO) Terminal, an abandoned underground AvGas fuel storage tank was discovered while clearing the site. This tank belonged to a former tenant no longer in business. Strong odors of fuel were present which prompted soil testing and ultimately remediation (removal) of the surrounding soil. Monitoring wells were set as required by statute and ground water samples were taken. These showed high levels of lead, a heavy metal associated with aircraft fuel. The airport staff embarked on a plan to sample and monitor results, on a quarterly basis, hoping the pollutant levels would naturally subside and closure of the wells and testing would no longer be required. Based upon the data collected over the years since, these levels did not decrease and low-level concentrations of lead remain in one of the groundwater monitoring wells at the site. An evaluation of the lead concentrations reported in the well did not reveal a decreasing trend, with the observed values remaining consistently above the Cleanup Target Level (CTL) that would allow issuance of an unconditional No Further Action (NFA) order from the Florida Department of Environmental Protection (FDEP). The recommendation put forth by the County’s environmental consultant was to cease groundwater monitoring and obtain a No Further Action order by implementing a Restrictive Covenant, with an institutional control, on the subject property. The Airports Department agreed. The attached Restrictive Covenant would require current and future uses of the property to remain commercial in nature and restrict use of groundwater at the site. The site being defined as the parcel is currently associated with the Miracle Strip Aviation (now Regal Aviation) and defined by the boundary sketch shown in the legal document. For other parcel restrictions, see document. OPTIONS: Approve, Reject or Table Packet Pg. 90 RECOMMENDATIONS: Approve the legal agreement with the Florida Department of Environmental Protection. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 91 Packet Pg. 92 Packet Pg. 93 Packet Pg. 94 Packet Pg. 95 Packet Pg. 96 Packet Pg. 97 Packet Pg. 98 Packet Pg. 99 Packet Pg. 100 Packet Pg. 101 Packet Pg. 102 Packet Pg. 103 Packet Pg. 104  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Dino J. Villani SUBJECT: Judge Ben Gordon, Jr., Family Visitation Center Subagreement DEPARTMENT: Public Safety BCC DISTRICT: All STATEMENT OF ISSUE: Request approval of the Judge Ben Gordon, Jr., Family Visitation Center subagreement relating to the Edward Byrne Memorial Justice Assistant grant program in the amount of $10,097.00. BACKGROUND: On July 16, 2013, the Board of County Commissioners approved funding for the Judge Ben Gordon, Jr., Family Visitation Center through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program - JAG Countywide - Federal Fiscal Year 2014. The Judge Ben Gordon, Jr., Family Visitation Center has been awarded funding in the amount of $10,097.00 through grant number 2014-JAGC-OKAL-6-E5-082. This award will provide services of supervised visits and monitored exchanges in Okaloosa County. The project will also refer clients to community resources including but no limited to, charitable organizations, counseling services, and domestic violence shelters. OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Approve the subagreement between Okaloosa County Board of County Commissioners and Judge Ben Gordon, Jr., Family Visitation Center and authorize the Chairman to sign all related documents. 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Villani SUBJECT: Emerald Coast Children's Advocacy Center Subagreement DEPARTMENT: Public Safety BCC DISTRICT: All STATEMENT OF ISSUE: Request approval of the Emerald Coast Children's Advocacy Center subagreement relating to the Edward Byrne Memorial Justice Assistant grant program in the amount of $10,097.00. BACKGROUND: On July 16, 2013, the Board of County Commissioners approved funding for the Emerald Coast Children's Advocacy Center through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program - JAG Countywide - Federal Fiscal Year 2014. The Emerald Coast Children's Advocacy Center has been awarded funding in the amount of $10,097.00 through grant number 2014-JAGC-OKAL-7-E5-167. This award will provide initial and ongoing mental health counseling in Okaloosa County for child victims of physical and sexual abuse. OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Approve the subagreement between Okaloosa County Board of County Commissioners and Emerald Coast Children's Advocacy Center and authorize the Chairman to sign all related documents. 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Packet Pg. 216 Packet Pg. 217 Packet Pg. 218 Packet Pg. 219  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Mosaic Church of Crestview SUBJECT: Public Event Permit - 6th Annual Crestview Pregnancy Center 5K Run Request consideration and approval of a Public Event Permit for a 5K Run (Formerly known as Mosaic 5K Run), to be held on April 5, 2014, along roadways in the area of Old Spanish Trail Park in Crestview, sponsored by Mosaic Church of Crestview Packet Pg. 220 Packet Pg. 221 Packet Pg. 222 Packet Pg. 223 Packet Pg. 224  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Chief Petty Officers Association for the Naval School EOD SUBJECT: Public Event Permit - EOD Memorial Challenge Request approval of a Public Event Permit for the EOD Memorial Challenge to be held April 26, 2014 in Niceville. Related documents are attached. Packet Pg. 225 Packet Pg. 226 Packet Pg. 227 Packet Pg. 228 Packet Pg. 229  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Destin Airport Compatibility Advisory Committee DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: This informational item is to advise the Board of County Commissioners that the Airports Department intents to advertise for volunteer committee members to preside as County selected members on the Destin Airport (DTS) Compatibility Advisory Committee. BACKGROUND: In February 2007, the Board of County Commissioners entered into an Interlocal Agreement between the City of Destin and Okaloosa County which, in part, established the creation of the Airport Compatibility Advisory Committee. The committee is composed of seven members, three appointed by the Destin City Council and three appointed by the County Commission. The seventh member is a representative of Eglin Air Force Base. The advisory committee no longer has enough committee members from the County and City of Destin to have a quorum. The Airports Department intends to advertise for the three county positions with members to be selected and appointed by the Board of County Commissioners. OPTIONS: Provided as informational item only RECOMMENDATIONS: The intent of this informational item is to advise the Board of the Airports Department's intent to advertise for volunteer committee members to represent Okaloosa County as members on the Destin Airport Compatibility Advisory Committee. Applicants will be screened on behalf of the County Administrator by Airports Department personnel and all qualified candidates will then be forwarded for selection by the Board of County Commissioners. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 230 Packet Pg. 231 Packet Pg. 232 Packet Pg. 233 Packet Pg. 234 Packet Pg. 235 Packet Pg. 236 Packet Pg. 237  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Airport Community/Promotional Opportunities DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve the opportunity for the Airports Department to partner in promotional events and further instill brand awareness for the Okaloosa County Airports, particularly Northwest Florida Regional Airport (VPS) to both local, state wide and out of state attendees. BACKGROUND: On December 17, 2013 the Board of County Commissioners approved Task Order 14 with Romjue Advertising & Company for the purchase of media buys. Included in this Board approved task order was the purchase of community partnership opportunities in an amount not to exceed $12,000. Below are four of the community opportunities we would like to partner with: - Fisher House 5K Presented by Eglin Air Force Base Air Force Association (AFA) and Team Eglin Top 3. The event is March 1, 2014. Silver Sponsorship: $1,000. - Eglin AFB Annual Gate to Gate Run/Walk. This highly organized and prestigious race fields 4,000 to 5,000 runners from across the Southeastern U.S. Race date is May 26, 2014 on Eglin AFB. Sponsorship: Approx $2,000. - 2nd Annual Emerald Coast Transportation Symposium to be held in Pensacola Beach, FL on May 29 - 30, 2014. The Airport will have positive exposure to transportation industry professionals, elected officials, and the general public. Sliver Sponsorship: $1,000. - 45th Annual Florida Airports Council & Exposition. August 3 -6, 2014. The largest single state aviation conference in the nation. Speakers and attendees include federal and state leaders, airline executives and industry professionals who will discuss issues affecting Florida’s airports. Sponsorship: Approx $5,000. OPTIONS: Approve, Reject, or Table RECOMMENDATIONS: Approve for the Airports Department to partner in promotional events as described above. Packet Pg. 238 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 239  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: FDOT Grant Amendment for Exit Lane Security DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve acceptance of an amended Florida Department of Transportation grant to add an unmanned passenger exit lane security controls system at Northwest Florida Regional Airport. BACKGROUND: This Supplemental Joint Participation Agreement (grant) adds an additional security surveillance project to the original Joint Participation Agreement (JPA) approved by the Board on September 3, 2013. The original JPA provided security surveillance projects for Destin and Bob Sikes Airports. This additional project will further enhance security by preventing access to the secured area and allow the replacement of a security person responsible for physical control of the arriving passenger exit lane at the Northwest Florida Regional Airport. The estimated annual cost for the Airport providing this coverage should TSA cease to do so, is about $130,000. The grant provides up to$1,041,441.00 of the estimated cost for these three projects estimated at $1,301,801.00. It should be noted that the FDOT/County cost share will be 80/20% for the Bob Sikes and Destin projects, but 50/50% for the exit lane project at the commercial airport. This grant was previously coordinated with the County Attorney by the attached e-mail on August 26, 2013. He confirms that coordination by e-mail dated January 14, 2014. The only change is the revision to the scope of work to include the exit lane controls project. OPTIONS: Approve, Disapprove, Table. RECOMMENDATIONS: Staff recommends acceptance of the Supplemental Joint Participation Agreement and approval of a signature resolution authorizing the Chairman to sign the amended grant. RECOMMENDED BY: Packet Pg. 240 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 241 Packet Pg. 242 Packet Pg. 243 Packet Pg. 244 Packet Pg. 245 Packet Pg. 246 Packet Pg. 247 Packet Pg. 248  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Security Checkpoint Exit Lane Control Systems Project CPS at NWFRA DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve consultant Task Order No. 15 to RS&H for construction administration phase services for the Northwest Florida Regional Airport- Security Checkpoint Exit Lane Control System project in the amount of $77,322.00. BACKGROUND: This project contains Sensitive Security Information that is controlled under 49 CFR Parts 15 and 1520. No part of the planning or design may be disclosed to persons without a "need to know". Due to anticipated and eventual changes in Transportation Security Administration (TSA) rules for funding personnel to monitor and deter access to the secured areas of the airport through the exit lane and the need to further strengthen the sterile areas of the airport, architectural and technological barriers are being installed through the project. The total project cost including design, bidding, the construction administration and professional services approval for which is being sought in this agenda item as well as construction is $617,907.00 of which 50% is being funded by the Florida Department of Transportation and the local 50% share through Passenger Facility Charge (PFC) to be approved in FAA PFC application #6. The airport in coordination with the TSA and Airlines has designed and bid an exit lane control system that fulfills the TSA security requirements without the need for onsite monitoring personnel. Bids for the exit lane control system improvements were opened December 4, 2013 and the County received two bids. RS&H task will perform construction administration and construction phase services in accordance with the terms and conditions of the Agreement for Professional Architectural, Engineering, and Aviation Planning Services Contract No.: C09- 1737-AP, dated July 7, 2009. OPTIONS: Approve, Reject, or Table RECOMMENDATIONS: Approve RS&H Task Order No. 15 for Construction Phase Services in the amount of $77,322.00 RECOMMENDED BY: Packet Pg. 249 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 250 Packet Pg. 251 Packet Pg. 252 Packet Pg. 253 Packet Pg. 254 Packet Pg. 255 Packet Pg. 256 Packet Pg. 257 Packet Pg. 258  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Security Checkpoint Exit Lane Control System at NWFRA DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve a construction contract with Cathey Construction and Development, LLC for the Security Checkpoint Exit Lane Control Systems project at Northwest Florida Regional Airport in the amount of $496,846.00. BACKGROUND: This project contains Sensitive Security Information that is controlled under 49 CFR Parts 15 and 1520. No part of the planning or design may be disclosed to persons without a "need to know". Due to anticipated and eventual changes in Transportation Security Administration (TSA) rules for funding personnel to monitor and deter access to the secured areas of the airport through the exit lane, Northwest Florida Regional Airport has identified a need to develop a more effective technological solution to monitor and control the passenger exit lanes located at the security check point in the terminal facility. Currently, arriving passengers exit the sterile area through a lane just north of the security check point located on the first level of the terminal and the exit lane is manned by TSA officers to prevent unauthorized entry to the sterile area of the concourse facility. There is a need to further strengthen the sterile areas of the airport with architectural and technological barriers are being installed through the project. The total project cost including design, bidding, the construction administration and professional services and construction approval which is being sought in this agenda item is $617,907.00 of which 50% is being funded by the Florida Department of Transportation and the local 50% share through Passenger Facility Charge (PFC) to be approved in FAA PFC application #6. The airport, in coordination with the TSA and Airlines has designed and bid an exit lane control system that fulfills the TSA security requirements without the need for onsite monitoring personnel. Bids for the exit lane control system improvements were opened December 4, 2013 and the County received two bids. Cathey Construction and Development, LLC was the lowest responsive bidder in the amount of $496,846.00. OPTIONS: Approve, Reject, or Table RECOMMENDATIONS: Approve Cathey Construction and Development, LLC contract in the amount of $496,846.00. Packet Pg. 259 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 260 Packet Pg. 261 Packet Pg. 262 Packet Pg. 263 Packet Pg. 264 Packet Pg. 265 Packet Pg. 266  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Award Purchase of Five New 2014 4 x 4 Pickup Trucks DEPARTMENT: Purchasing BCC DISTRICT: ALL STATEMENT OF ISSUE: Request Board approval to purchase 5 - ½ ton pick-ups from low bidder, Don Reid Ford. BACKGROUND & ANALYSIS: Bids were opened on January 8, 2014 to purchase 5 - ½ ton pick-ups and (5) five bids were received. Don Reid Ford (Maitland, FL) submitted the lowest responsive bid of $20,247.00 each for a total cost of $101,235.00. Departmental funding is available in the FY2014 budget. OPTIONS: Award or Reject. RECOMMENDATION: Staff has reviewed bids and recommends awarding and issuing purchase orders to Don Reid Ford as the lowest bidder. 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Lease for sightseeing operations, minimum standards, and operating policy is attached along with Timberview's certificate of insurance and the contract and lease internal coordination sheet. OPTIONS: Approve, Reject, or Table. RECOMMENDATIONS: It is Staff's recommendation that the Board approve this Lease as described above. 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BACKGROUND & ANALYSIS: The Water & Sewer Department has requested the purchase of a Skid Steer Loader. The State of Florida Sheriff’s Contract has an EA 2014 Bobcat Loader Model #T870 that meets the specs of the requested loader. The total cost of the loader is $88,200.08. The Purchasing Manual allows for the use of State contract prices without further negotiations. The Water & Sewer Department has provided documentation that funding is available for the purchase. OPTIONS: Award or Reject purchase of one (1) EA 2014 Bobcat Loader Model #T870. RECOMMENDATION: Staff recommends approving purchase of One (1) EA 2014 Bobcat Loader Model #T870 from State of Florida Sheriff’s Contract. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 314 Packet Pg. 315 Packet Pg. 316 Packet Pg. 317 Packet Pg. 318 Packet Pg. 319 Packet Pg. 320  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Award Contracts to Provide Architectural, Engineering & Aviation Planning Services DEPARTMENT: Purchasing BCC DISTRICT: ALL STATEMENT OF ISSUE: Seeking Board review and approval of entering into contracts with three vendors interested in providing architectural, engineering and aviation planning services for Okaloosa County Airports. The Board appointed review committee has voted unanimously to recommend awarding to three companies: AVCON (Niceville), Jacobs (Jacksonville) and Hatch Mott MacDonald (Pensacola). BACKGROUND & ANALYSIS: Seven proposals were opened on September 26, 2013. The board appointed review committee met on November 11, 2013 to review and rank the proposals. The result of the review was three proposals were recommended for award. The purpose of the contract is to provide professional services for aviation planning services to support the Capital Maintenance and Improvement Program for the Northwest Florida Regional Airport, Bob Sikes Airport, and Destin/Ft Walton Beach Airport. The scope of the contracts includes, but is not limited to, preparation of plans, specifications, construction contract documents, cost estimates and engineering reports. Each contract will be for three (3) years with the option of renewing for two (2) additional one-year contract periods. Coordination process has been completed. OPTIONS: Award or Reject awarding contracts. RECOMMENDATION: Staff recommends awarding to AVCON, Jacobs and Hatch Mott MacDonald based on the recommendation of the review committee and request authorization for the Chairman to sign the contracts. 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BACKGROUND & ANALYSIS: The Airport staff have requested the purchase of one (1) 800 Power Sweeper, Rider. The State of Florida Contract has a 800 Power Sweeper, Rider that meets the specs of the requested sweeper. The total cost of the sweeper is $70,819.74. The Purchasing Manual authorizes the use of State contract prices without further negotiations. Airport staff has provided documentation that funding is available for the purchase. OPTIONS: Award or Reject purchase of one (1) 800 Power Sweeper, Rider. RECOMMENDATION: Staff recommends approving purchase of One (1) Model 800 Power Sweeper from State of Florida Contract. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 406 Packet Pg. 407 Packet Pg. 408 Packet Pg. 409 Packet Pg. 410 Packet Pg. 411 Packet Pg. 412  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Surety Land Title, LLC SUBJECT: Okaloosa Island Leasehold Conversion Request Documents submitted by Surety Land Title of Florida, LLC for an Okaloosa Island Leasehold Conversion are attached. Packet Pg. 413 Surety Land Title of Florida, LLC 4100 S Ferdon Blvd - B3, Crestview, FL 32536 850-423-4613 office 850-423-0542 fax January 14, 2014 Ernie Padgett County Administrator Okaloosa County, Florida Re: Leasehold/Fee Simple Conversion Surety Land Title of Florida, LLC hereby presents for the Board’s consideration at the January 21, 2014 meeting of the County Commissioners a Resolution directing Surety Land Title of Florida to prepare Quitclaim Deeds for the accepted bidders of particular properties referenced therein. Once approved, Quitclaim Deeds for the accepted bidders for the particular properties will be sent to the Board Chairman’s office for his signature. Please let us know if you have any questions or need further information. Thank you for your consideration. Billie Jene Martin Processor/Receptionist Surety Land Title 4100 South Ferdon Blvd, Suite B3 Crestview, FL 32536 Packet Pg. 414  OKALOOSA ISLAND LEASEHOLD CONVERSION RESOLUTION NO. _____________ WHEREAS, the person(s) named below is/are the leaseholder(s) of record who has/have submitted the successful highest bid for the County’s Resolution Reversionary Interest in the parcel(s) described therein set immediately below such Bidder’s name(s); Timothy N. Taylor and Rebecca A. Taylor, Husband and Wife Lot 9, Block E, Holiday Isle, Residential Section NO.2, according to the map or plat thereof as recorded in Plat Book 3, Page 57, of the Public Records of Okaloosa County, Florida NOW THEREFORE, the County’s Contractor, Surety Land Title of Florida, LLC. Is directed to prepare a quit claim deed, in previously authorized format, conveying the County’s Reversionary Interest to the successful bidder(s) for the signature of the chairman of the Okaloosa County Board of County Commissioners, and; Surety Land Title of Florida, LLC. Is further directed to complete the closing of the conveyance transaction by quitclaim deed to the successful bidder(s). THIS RESOLUTION was unanimously approved by the Okaloosa County Board of County Commissioners on ________________________, 2014. (OFFICIAL SEAL) OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST:____________________ By: ______________________________ Charles K. Windes, Jr., Chairman Clerk or Deputy Clerk Of Circuit Court Packet Pg. 415  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Purchase Two (2) F750 Flatbed Dump Trucks DEPARTMENT: Purchasing BCC DISTRICT: ALL STATEMENT OF ISSUE: Seeking Board approval to utilize the State of Florida Contract #01- 070-700-S for the purchase of Two (2) F750 Flatbed Dump Trucks. BACKGROUND & ANALYSIS: Road Department has requested the purchase of Two (2) F750 Flatbed Dump Trucks off the State of Florida Contract #01-070-700-S. The cost of each truck is $74,896.00, total cost is $149,792.00. The Purchasing Manual allows for the use of State contract prices without further negotiations. Funding is available in the FY2014 budget. OPTIONS: Award or Reject purchase of Two (2) F750 Flatbed Dump Trucks. RECOMMENDATION: Staff recommends approving the purchase of Two (2) F750 Flatbed Dump Trucks off the State of Florida Contract # 01-070-700-S. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 416 Packet Pg. 417 Packet Pg. 418 Packet Pg. 419 Packet Pg. 420  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Ratification of Chairman's Letter responding to Part 13 Complaint DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to ratify the signature action of the Chairman in executing a letter to the Federal Aviation Administration (FAA), in response to a Part 13 complaint by Attorney Alan Armstrong representing Emerald Coast and Timberview Helicopters, Inc. BACKGROUND: On October 31, 2013 the FAA's Airport Compliance Specialist, Ms. Deandra Brooks forwarded a FAR Part 13 Compliant letter dated October 23, 2013, from Attorney Alan Armstrong on behalf of Emerald Coast Helicopters Inc., in response to FAA's September 25, 2013 letter to Emerald Coast Helicopters, Inc., requesting additional information on location(s) and an operational plan at DTS on how the operator proposed to pick-up and drop-off banners at the airport. The Department of Airports conducted an aeronautical study of the site proposed through RS&H and found both the location and plan incompatible with safe operations at DTS. The Department of Airports through its legal advisor on FAA matters prepared a response letter to the FAA compliance specialist from the BCC Chairman accompanied by the aeronautical study rejecting the location and operational plan and reiterating that the County was not in violation of FAA Grant Assurance No. 22 and requesting that the FAA dismiss the Part 13 complaint. OPTIONS: Approve, disapprove or table. RECOMMENDATIONS: The Board of County Commissioners is requested to approve the Chairman's action in executing a formal response letter to the Federal Aviation Administration (FAA). RECOMMENDED BY: Packet Pg. 421 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 422 Packet Pg. 423 Packet Pg. 424 Packet Pg. 425 Packet Pg. 426 Packet Pg. 427 Packet Pg. 428 Packet Pg. 429 Packet Pg. 430 Packet Pg. 431 Packet Pg. 432 Packet Pg. 433 Packet Pg. 434 From: John Dowd To: Sunil Harman; Lori Fox Cc: Tracy Stage; Mike Stenson; Ernie Padgett; Kelly Windes; Rick Owen; Roland Sims Subject: RE: Emerald Coast Helicopters Part 13 Compliant letter to FAA and Okaloosa County"s Response Date: Wednesday, January 08, 2014 3:47:42 PM Lori and Gentlemen: The response is excellent. I concur and recommend it. Thanks, John From: Sunil Harman Sent: Wednesday, January 08, 2014 12:56 PM To: Lori Fox Cc: Tracy Stage; Mike Stenson; Ernie Padgett; John Dowd; Kelly Windes; Rick Owen; Roland Sims Subject: Emerald Coast Helicopters Part 13 Compliant letter to FAA and Okaloosa County's Response Lori, Attached herewith is the letter from the Part 13 complainant to the FAA, as well as the County’s response prepared by our adviser Dave Bennett in Washington D.C. which I have reviewed. Please finalize the referenced on County stationary for signature by the Board Chairman after confirming that Mr. Dowd has signed off for legal sufficiency (an e-mail from Mr. Dowd will work). Also attached is the Destin Airport Helipad Siting Study Technical Memo prepared by RS&H Engineering which is referenced in the county response letter and needs to be enclosed. Once signed, please electronically distribute the signed letter and study as .pdf and provide hard copies to the Board of Commissioners. Thanks, Sunil Harman A.A.E., IAP Director of Airports, Okaloosa County 1701 State Road 85 North Eglin AFB, FL 32542-1498 850-651-7160 ext. 4 Packet Pg. 435 Northwest Florida Regional Airport (VPS) Destin Airport (DTS) Crestview / Bob Sikes Airport (CEW) "Please note: Due to Florida's very broad public records laws, most written communication to or from County employees regarding County business are public records, available to the public upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure." Packet Pg. 436  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: David Skarzynski, Budget Manager SUBJECT: Budget Resolutions & Transfers Resolution amending the Fiscal Year 2014 Budget, General Fund, which did not reflect adequate appropriations from APAC Mid-South for repair of fiber optic network in the amount of $15,386. Resolution amending the Fiscal Year 2014 Budget, General Fund, which did not reflect adequate appropriations for budget transfer in from Capital Outlay Construction Fund for county-wide computers upgrade and compatibility in the amount of $100,000. Resolution amending the Fiscal Year 2014 Budget, General Fund, which did not reflect adequate appropriations for RESTORE Act funding in the amount of $147,436. Resolution amending the Fiscal Year 2014 Budget, Capital Outlay Construction Fund, which reflected too much appropriations for cash carryforward in the amount of ($15,000). Resolution amending the Fiscal Year 2014 Budget, Water & Sewer Enterprise Fund, which did not reflect adequate appropriations for cash carryforward in the amount of $3,313,669. Resolution amending the Fiscal Year 2014 Budget, Airport Enterprise Fund, which did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for constructing air traffic control tower, site utilities and roadway at Destin-Fort Walton Beach airport grant in the amount of $1,000,000. Resolution amending the Fiscal Year 2014 Budget, Airport Enterprise Fund, which did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for designing and constructing an aircraft rescue and firefighting (ARFF) station at Northwest Florida Regional Airport grant in the amount of $150,000. Resolution amending the Fiscal Year 2014 Budget, Airport Enterprise Fund, which did not reflect adequate appropriations for cash carryforward in the amount of 1,805,373. Resolution amending the Fiscal Year 2014 Budget, Solid Waste Fund, which reflected too much appropriations for cash carryforward in the amount of ($60,258). Resolution amending the Fiscal Year 2014 Budget, Inspections Enterprise Fund, which did not reflect adequate appropriations for cash carryforward in the amount of 184,730. Packet Pg. 437 Resolution amending the Fiscal Year 2014 Budget, Self Insurance Fund, which did not reflect adequate appropriations for settlement of St. Clergy in the amount of $381,736. BT-14-18 Capital Outlay Construction Fund in the amount of $278,461. Carryforward Marler Park boat ream funding from reserves. BT-14-19 Airport Enterprise Fund in the amount of $1,000,000. Provide cash match from Florida Department of Transportation (FDOT) for constructing air traffic control tower, site utilities and roadway at Destin-Fort Walton Beach airport grant. BT-14-20 Capital Outlay Construction Fund in the amount of $100,000. Transfer fiber optic network funds to General Fund for purchase of computer upgrade and compatibility. Packet Pg. 438  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from APAC Mid-South for repair of fiber optic network, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the General Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Charges for Services 0111R-341910 $15,386 EXPENDITURES DEPT-ACCOUNT AMOUNT Repair/Maintenance – Telecommunications 01115-546155 $15,386 Adopted this regular session the 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 439  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for budget transfer in from Capital Outlay Construction Fund for county-wide computers upgrade and compatibility, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the General Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Budget Transfer-Capital Outlay 0100R-381301 $100,000 EXPENDITURES DEPT-ACCOUNT AMOUNT Computer Supplies 0114-552800 $100,000 Adopted this regular session the 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 440  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for RESTORE Act funding, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the General Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Other Miscellaneous Revenue 0100R-369990 $147,436 EXPENDITURES DEPT-ACCOUNT AMOUNT Contract Services - Consulting 0114-534003 $147,436 Adopted this regular session the 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 441  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET CAPITAL OUTLAY CONSTRUCTION FUND WHEREAS, the Board of County Commissioners in the original budget reflected too much appropriations for cash carryforward, and WHEREAS, said additional revenue is not evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Capital Outlay Construction Fund be decreased, as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances – Cash (F.B.I.P.) 3179R-389901 ($15,000) EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve Future Capital Outlay 3179-599300 ($15,000) Adopted this regular session the 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 442  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET WATER & SEWER ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Water & Sewer Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances – Cash 4100R-389901 $1,098,761 Balances – Bond Proceeds 4150R-389925 $2,214,908 EXPENDITURES DEPT-ACCOUNT AMOUNT Large Meter Replacements 4120-563306 $436,761 Future Water Supply 4120-563309 $303,000 Existing Wells 4120-563346 $75,000 Wireless Ethernet SCADA 4125-563304 $1,000 F.W. Stephenson Plant 4125-563326 $150,000 Sanitary Collection 4125-563353 $133,000 Main Island Lift Station 4150-563331 $984,881 Del Cerro II Well 4150-563334 $1,033,280 Rehab-Sewer Collection 4150-563345 $193,747 City of Fort Walton Beach 4150-561703 $3,000 Adopted this regular session the 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 443  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET AIRPORT ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for constructing air traffic control tower, site utilities and roadway at Destin-Fort Walton Beach airport grant, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Airport Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Airports – State 741420R-334410 $1,000,000 EXPENDITURES DEPT-ACCOUNT AMOUNT Other Construction 741420-562490 $1,000,000 Adopted this regular session the 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 444  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET AIRPORT ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for designing and constructing an aircraft rescue and firefighting (ARFF) station at Northwest Florida Regional Airport grant, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Airport Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Airports – State 741421R-334410 $150,000 EXPENDITURES DEPT-ACCOUNT AMOUNT Eglin ARFF Building 741421-562426 $150,000 Adopted this regular session the 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 445  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET AIRPORT ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Airport Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances - Cash 4200R-389901 $1,805,373 EXPENDITURES DEPT-ACCOUNT AMOUNT Legal Advertising 4202-549901 $1,000 Other Interest 4202-572900 $1,000 Other Debt Service Costs 4202-573900 $9,000 Background Checks 4203-549906 $1,000 Computer Software 4203-552801 $2,000 Promotional Activities 4220-548001 $2,000 Checked Baggage – NWFRA 4207-562425 $84,000 Eglin ARFF Building 4207-562426 $423,000 Security Checkpoint 4207-562433 $88,000 Reserve Future Capital Outlay 4299-599300 $1,194,373 Adopted this regular session the 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 446  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET SOLID WASTE ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget reflected to much appropriations for cash carryforward, and WHEREAS, said additional revenue is not evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Solid Waste Enterprise Fund be decreased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances - Cash 4300R-389901 ($60,258) EXPENDITURES DEPT-ACCOUNT AMOUNT Reserves/Miscellaneous 4399-599090 ($60,258) Adopted this regular session the 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 447  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET INSPECTIONS ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Inspections Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances - Cash 4400R-389901 $184,730 EXPENDITURES DEPT-ACCOUNT AMOUNT Contract Services – General Fund Admin 4400-534001 $100,000 Office Equipment 4400-564201 $10,000 Reserves/Cash Carryforward 4499-599010 $74,730 Adopted this regular session the 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 448  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET SELF INSURANCE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for St Clergy settlement, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Self Insurance Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Subrogation Income 5100R-341276 $381,736 EXPENDITURES DEPT-ACCOUNT AMOUNT Worker’s Compensation Premiums 5102-524001 $381,736 Adopted this regular session the 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 449 Packet Pg. 450 Packet Pg. 451 Packet Pg. 452  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Resolution Addressing 286.0114, Florida Statutes DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Pursuant to F.S. 286.0114, the Board needs to adopt a Resolution establishing the public’s right to be heard. BACKGROUND: Upon the advice of legal counsel (in attached message), the Board needs to adopt a formal Resolution establishing the public’s right to be heard. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Staff recommends approval of attached Resolution. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 453 From: Stewart, Greg To: Ernie Padgett; Rick Owen Cc: Kelly Windes; John Dowd; Hoshihara, Lynn Subject: Public"s Right to be Heard Statute Date: Wednesday, January 08, 2014 10:17:22 AM Attachments: Resolution - public participation.doc We have had several inquiries concerning the implementation of the provisions of section 286.0114, Florida Statutes dealing with the public’s right to be heard. Our interpretation of the statute is that a formal policy needs to be adopted to implement the procedures of the statute and place guidelines on public comment. We have previously prepared a similar resolution for the TDC which was approved at their December meeting. We have attached a draft resolution for your consideration on the matter. It is in conformity with the statute and is consistent with the “informal” policy that has been applied since the effective date of the statute. If you have any questions, please feel free to contact either Lynn or myself. Gregory T. Stewart 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 (850) 224-4070 Tel. (850) 224-4073 Fax Gstewart@ngnlaw.com The information contained in this email is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. Moreover, any unintentional dissemination of this message does not waive any attorney-client privilege that applies to this communication. If you have received this communication in error, please notify us immediately by telephone collect and delete the original message . Thank you. Packet Pg. 454  RESOLUTION NO. 2014-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, PROVIDING THE PUBLIC A REASONABLE OPPORTUNITY TO BE HEARD IN ACCORDANCE WITH SECTION 268.0114, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature enacted Chapter 2013-227, Laws of Florida, which created Section 286.0114, Florida Statutes, regarding the public’s right to participate at public meetings; and WHEREAS, Section 286.0114, F.S., effective October 1, 2013, requires that every board or commission of any county provide a reasonable opportunity to be heard on a proposition coming before that board or commission; and WHEREAS, Section 286.0114, F.S., allows, but does not require, a board or commission to enact rules or policies to ensure the public’s right to participate; and WHEREAS, the Board of County Commissioners (“Board”) now desires to enact this resolution to adopt its own rules and policies applicable to the Board and also all other County advisory boards, commissions, councils and committees (“Sunshine Board”) that have not previously adopted its own rules and policies in conformity with the scope and limitation allowed in Section 286.0114, F.S. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, AS FOLLOWS: SECTION 1: RECITALS The recitals set forth above are true and correct and are incorporated into this Resolution. SECTION 2: PUBLIC PARTICIPATION A. Right to be Heard. Pursuant to Section 286.0114, F.S., members of the public shall be given a reasonable opportunity to be heard on a proposition before official action is taken by a Sunshine Board. This right does not apply to: 1. An official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with the requirements would cause an unreasonable delay in the ability of the board or commission to act; 1 Packet Pg. 455  2. An official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations; 3. A meeting that is exempt from Section 286.011, F.S.; 4. An informal meeting or work session where no official action or a proposition will be taken; or 5. A meeting during which the Sunshine Board is acting in a quasi-judicial capacity. Public input shall be limited to three (3) minutes per speaker, with the Chairman having the option of allowing additional time. For meetings in which a large number of speakers wish to be heard, the Chairman may require a representative of a group or faction address the Sunshine Board, rather than each member of such group or faction. B. Time to be Heard. Each published agenda for a Sunshine Board meeting where action is proposed to be taken shall include a period at the beginning of each meeting for public comment. The Sunshine Board shall allow members of the public an opportunity to be heard prior to taking official action on any proposition. Such opportunity to be heard need not be provided at the same meeting in which official action on the proposition is to be taken, but shall be allowed at a meeting during the decision making process that is within a reasonable proximity in time to the meeting in which the Sunshine Board takes official action. C. Request to be Heard. Members of the public who wish to provide comment to the Sunshine Board shall duly come before the Sunshine Board during the designated period of time on the agenda. Advanced notice shall not be required. D. Decorum. Members of the public addressing the Sunshine Board shall provide their full name and address on the record. All remarks shall be addressed to the Sunshine Board as a whole, and not to any one member thereof, and such remarks shall indicate the speakers support, opposition or neutrality on a proposition. Any person making personal, impertinent or slanderous remarks, or who shall become boisterous, while addressing the Sunshine Board may be required to leave the meeting and may be barred from further comment before the Sunshine Board at the meeting from which they were ejected. E. Non-Agenda Items. A non-agenda item shall be defined as any item that is not on the published agenda. Non-agenda items shall be introduced only when deemed by the Chairman or another Sunshine Board member to require urgent attention. 1. Adequate information shall be given to all Sunshine Board members on non- agenda items that are being requested. 2 Packet Pg. 456  2. The procedure for the public’s right to be heard, described in Section 2, herein, shall be followed prior to the Sunshine Board taking action on a non-agenda item, unless compliance would cause an unreasonable delay in the ability of the Sunshine Board to act in a situation affecting the public health, welfare or safety. 3. A vote of a majority of Sunshine Board members shall be required to approve a non-agenda item. SECTION 3: EFFECTIVE DATE This resolution shall become effective immediately upon adoption by the Board. ADOPTED this 21st day of January 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA By: _______________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: _______________________ DON W. HOWARD CLERK OF CIRCUIT COURT 3 Packet Pg. 457  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Approval of letter for DYW of Florida DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Ms. Natalie Lawson from Fort Walton Beach High School won the 2014-2015 honor of Distinguished Young Woman of Florida 2014-2015. Request Board approval and authorize Chairman to execute congratulatory letter. BACKGROUND: Ms. Natalie Lawson from Fort Walton Beach High School is the 2013-2014 Distinguished Young Woman of Okaloosa County. On January 4, 2014 won the honor of Distinguished Young Woman of Florida 2014-2015. Not only did she win this title; she also won the in every category - Interview, Scholastics, Talent, Fitness and Self-Expression. Ms. Lawson is a resident of Destin and is the daughter of Chuck and Mia Lawson. She attends Fort Walton Beach High School and is active in several clubs and organizations, to include her love for cheerleading as captain of the squad. Distinguished Young Woman is formerly known as America's Junior Miss program. It continues to be a National scholarship program that promotes and rewards scholarships, leadership and talent in young women. Ms. Lawson will take her State title to the 57th Annual Distinguished Young Woman National Finals competition June 26-28, 2014 in Mobile, Alabama. OPTIONS: Approve/Disapprove congratulatory letter for Ms. Natalie Lawson. RECOMMENDATIONS: Staff recommends approval of a letter of congratulations from the Board for Ms. Natalie Lawson. RECOMMENDED BY: APPROVED BY: Packet Pg. 458 Ernie Padgett, County Administrator Packet Pg. 459 From: Don Amunds To: Rick Owen Subject: FW: Distinguished Young Woman of Okaloosa County won State title! Date: Tuesday, January 07, 2014 2:16:06 PM Attachments: NicevilleParade2013NatalieLawson.JPG From: Paula Kelley [mailto:writedestin@yahoo.com] Sent: Tuesday, January 07, 2014 1:23 PM To: Wayne Harris; Nathan Boyles; Kelly Windes; dpariot@co.okaloosa.fl.us; Don Amunds Subject: Distinguished Young Woman of Okaloosa County won State title! Commissioners Harris, Boyles, Windes, Pariot, and Amunds: Last Saturday evening, January 4th, in Winter Garden, Florida - Our 2013-2014 Distinguished Young Woman of Okaloosa County, Natalie Lawson, won the honor of Distinguished Young Woman of Florida 2014-2015. Natalie not only won the overall title but also brought home a win in every category - Interview, Scholastics, Talent, Fitness and Self-Expression! Natalie is a resident of Destin and is the daughter of Chuck and Mia Lawson. She attends Fort Walton Beach High School and is active in several clubs and organizations, to include her love for cheerleading as captain of the squad. Distinguished Young Woman is formerly known as America's Junior Miss program. It continues to be a National scholarship program that promotes and rewards scholarships, leadership and talent in young women. Natalie will take her State title to the 57th Annual Distinguished Young Woman National Finals competition June 26- 28, 2014 in Mobile, Alabama. I wanted you to be aware of this amazing young woman's accomplishment and ask the Okaloosa County Commissioners to recognize Natalie's honor in an upcoming monthly County Commission meeting. I am certain that she would be thrilled. Carole Lee Byrd is the program Director and is the contact for all Distinguished Young Woman of Okaloosa County events. Her contact number is 205.886.5552 and her email is carolbyrd911@yahoo.com. I am a member of the DYW Team for Okaloosa County and am thrilled to be a part of an organization that acknowledges the positive accomplishments of young woman in our area. The 2014-2015 Distinguished Young Woman program for Okaloosa County is set for July 19th. We would be honored for you to mark your calendars and join us for the third annual event for our County. We look forward to your support.  Thank you for your time and for all that you do for our County. All the Best, Paula Stokes Kelley 850.225.3532 Packet Pg. 460 writedestin@yahoo.com Attached is a photo of Natalie in the 2013 Niceville Christmas Parade - December 7, 2013. Packet Pg. 461  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Destin West Bayside - Residential Marina DEPARTMENT: Growth Management BCC DISTRICT: 2 STATEMENT OF ISSUE: The Growth Management Department has received a request from Mark Siner with Choctaw Engineering on behalf of Destin West Marina to amend the Development Order (DO) for Destin West Bayside to allow construction of a 29-slip, private, multi-family docking structure without fueling facilities, without sewage pump out facility, and without live boards to be used exclusively for the mooring of recreational vessels in conjunction with the existing condominium development. The property is currently zoned B-3 (Light Commercial & Concession Area) and the Future Land Use Map (FLUM) designation is Okaloosa Island (OI). The property is located at 1310 Miracle Strip Parkway, Fort Walton Beach, FL. BACKGROUND: The Development Order (DO) for Destin West Bayside was issued on April 23, 2003 with the condition that the commercial marina is not under review at that time. As stated on the Okaloosa Island Covenants & Restrictions, Part G, 5. Building and Other Improvements “No docks, piers, buildings or structures of any kind whatsoever shall be erected, constructed or permitted on any beach or below the high water line on the shore of Santa Rosa Sound or the Gulf of Mexico or any other body of water without written approval of the Board of County Commissioners and appropriate Florida State and US Federal agencies”. On January 14, 2013 a revised site plan was submitted showing a reduction of 63 slips from 92 commercial slips to 29 residential slips. All state and federal permits, including the state submerged lands lease, have been issued for 29-slip private, multi-family docking structures are on file. It should be noted, however, that the USACOE expired on July 12, 2012 and that applicant is in the process of renewing/extending the permit. The Okaloosa Island Leaseholders Architectural Review has reviewed the request on January 9, 2014 and noted that the residential marina is in compliance with the Covenants. OPTIONS: Approve or Disapprove RECOMMENDATIONS: The proposed 29 private residential slips for the existing condominium development is in compliance with the Okaloosa County Comprehensive Plan, Land Development Code and with the Okaloosa Island Covenants & Restrictions. Staff recommends that the Board of County Commissioners approve the request as presented in order to amend the Development Order (DO) for the existing Destin West Bayside condominium development with the condition that County building permits shall not be issued until an updated copy of the USCOE permit authorization has been provided to Growth Management Department. Packet Pg. 462 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 463 Packet Pg. 464 Packet Pg. 465 Packet Pg. 466 Packet Pg. 467 Packet Pg. 468 Packet Pg. 469 Packet Pg. 470 Packet Pg. 471 Packet Pg. 472 Packet Pg. 473 Packet Pg. 474 Packet Pg. 475 Packet Pg. 476 Packet Pg. 477 Packet Pg. 478 Packet Pg. 479 Packet Pg. 480 Packet Pg. 481 Packet Pg. 482 Packet Pg. 483 Packet Pg. 484 Packet Pg. 485 Packet Pg. 486 Packet Pg. 487 Packet Pg. 488 Packet Pg. 489 Packet Pg. 490 Packet Pg. 491 Packet Pg. 492 Packet Pg. 493 Packet Pg. 494 Packet Pg. 495 Packet Pg. 496 Packet Pg. 497 Packet Pg. 498 Packet Pg. 499 Packet Pg. 500 Packet Pg. 501 Packet Pg. 502 Packet Pg. 503 · "';,' Instr # 2737285 BK: 3007 PG :1 070 ,Page 1 of 25 Recorded 10/27/2011 at 08:17 AM , RECORDING : $114.00 RECORDING ARTICLE V: $100.00 DEPUTY CLERK MSMITH DON W . HOWARD.CLERK OF COURTS. OKALOOSA COUNTY. FL This Instrument Prepared By: Athena Baerga Recurring Revenue Section Bureau of Public Land Administration 3900 Conunonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE BOT FILE NO. 460339001 PA NO. 46-0196257-003-DF THIS LEASE is hereby issued by the Board of Trustees of the Intemal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does helcby lease to Destin West Marina, LLC, a Florida limited liability company, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in unsectiona I izecl, Township 02 South, Range £.4 West, in Choctawhatchee Bay, Okaloosa County, containing 25,335 square feet, more or less , as is more particularly described ancl shown on Attachment A, dated September 10, 2010. TO HAVE THE USE OF the hereinabove described premises for a period of 2. years from April 25, 2011, the effective date of this lease. The terms and conditions on and for which this lease is granted are as follows : 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 29-slip clocking facility exclusively to be used for mooring of recreational vessels in conjunction with an upland condominium d~veJopl11ent, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and withou~ liveaboards as defined in paragraph 28 as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection Consolidated Wetland Resource Pertnit No. 46-0 196257-003-DF, dated April 25, 20 II, incorporated herein and made a part of this lease by reference . The construction of the structures described in Attachment A shall be completed within the initial term hereof or within the tirst 5 years of the initial term if the initial term is for a period greater than 5 years. The failme to complete the construction of all authorized structures within this time period shall constitute a material breach ofthe lease causing the lease to automatically terminate upon the expiration of the initial term or 5 years, whichever is sooner, without any right of renewal. All of the foregoing subject to the remainiIlg conditions of this lease. 2 . LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lea se fee of $3,968.00 and 25 percent surcharge, plus sales tax pursuant to Section 212.031, Florida Stahltes, if applicable, within 30 da ys ofPg. Packet rece504 ipt of this fully executed lease. The Lessee further agrees to pay to the Lessor a one-time premium fee of $11,904.12 upon the date of l·p.(~p. ;nt flfthp l11V()l rp ~ nrl nt"in,. tn l'p rp int nfth p fl1lh, Pypr 1l1"p d l p~ l",. p 'Th p ~ nll\1 ""ll fp~ +,,"\1" thp I'P I-,,\"' ~ ;I"I;I"lT ' J""~ I'C' ,....r 1h;c.' l PQc,-,. ,,1"1<:'111 ·, ,: , 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2) above, including the income, as defined in subsection 18-21.003(31), Florida Adminislntive Code, derived directly or indirectly fr0111 the use of sovereignty submerged lands on an annual basis . When six percent (6%) of said ammal income exceeds the base fee or m.i11imum annual fee established pursuant to Rule 18-21.011, Florida Administrative Code, for any lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instnlment or agreement used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder. 4. LATE FEE ASSESSMENTS : The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date . This assessment shall be computed at the rate of twelve percent (12%) per alUlUm, calculated on a daily basis [or every day the payment is late. 5. EXANIINATION OF LESSEE'S RECORDS : For plllvoses of this lease, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years , at all reasonl1ble hours , the books, records, contracts, and other documents con"finning and pertaining to the computation of annual lease payments as specified in paragraph two (2) above . 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the gross revenue derived directly fr0111 the use of the leased premises, (ii) the gross revenue derived indirectly fr0111 the use of the leased premises, and (iii) all other gross revenue derived [rom the Lessee's operations Oil the riparian upland property. The Lessee shall sectHe, maintain and keep all records for the entire term o[ this lease plus three (3) additional years . This period shall be extended for an additional two (2) years lIpon request for examination of all records ancl accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the Slate of Florida Department of Environmental Protection Consolidated Wetland Resource Perm.it. The Lessee shall not (i) change or acid to the approved use of the leased premises as defineci herein (e .g., from conunercial to multi-family resiclentia I, [r0111 temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking 0 f cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading conU11ercial to rental of wet slips, etc.); (ii) change activities in any maImer that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment:!2. without "first obtaining a regulatory permit/modi fied permit, if applicable, the Lessor's written authorization in the form of a mociified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any strucl1l1'es which may no longer qualify for authoriz(l tion under the modified lease. 8. PROPERTY RIOl-ITS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to saicllancl hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of privale ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re-sold . Packet Pg. 505 .. ., ~ 9. INTEREST IN RlPARIAN UPLAND PROPERTY : During the term of this lease, the Lessee shall maintain the interest in the riparian upland property that is more particularly described in Attachment 12. and by reference made a part hereof together with the riparian rights appurtenant thereto, and if such interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute and docllments required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of this leQse, current mQnagement standards and applicable laws , rules and regulations in effect at that time . Any assiglUl1ent or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS : The Lessee shall investigate all claims of every nature arising out of this lease at its expense, and shall indenulify, defend and save and hold harmless the Lessor Qnd the State of Florida from all claims, actions, lawsuits and demands arising out of this lease. 12. NOTICES/COMPLIANCEITER.NIINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns . In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth , and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days writien notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. Allllotices required to be given to the Lessee by this lease or applicable law or administrative rules shal1 be sufficient if sent by U.S. Mail to the following address : Destin West Marina, LLC 1500 Miracle Sl1"ip Parkway Fort Walton Beach, Florida 32548 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 13 . TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed anclleviecl against the subject property during the effective period of this lease . 14. NUISANCES OR ILLEGAL OPERATIONS : The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless sllch proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises . 15. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the strllctures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare . No dock or pier shall be constl11cted in any maimer that would cause harm to wildlife . The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. Packet Pg. 506  16. NON-DISCRlMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicl1p, or marital statlls with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used l1S an adjunct of the leased arel1. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee . It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that saicl placard becomes illegible at any time during the term of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 17 . ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the pmt of the Lessor to enforce any provision, nor any waiver or successive waivers on ils part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of Ihe Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches . 18. PERlvIISSION GRANTED: Upon expiration or cancellation of this lease all permission gnll1ted hereunder shall cease and terminate. 19. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that Lessee is in [1111 compliance wilh the terms of this lease, the Lessee may apply in writing for a renewal. Such application for renewall11l1st be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration clate of the original or current term hereof. The term of any renewal granted by the Lessor shall conunence on the last day of the previou~ lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structllres authorized herein upon termination of this lease shall constitute an afflrmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attac11111ent;a, which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in title or successors in interest. 20. REMOVAL OF STRUCTURES/ADMINISTRATIYE FINES : If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be cleemed forfeited to the Lessor, ancl the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 12 or at SLlch address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all shuctures and the right to impose adm.inish·ative fines. 21. REMOVAL COSTS/LIEN ON RlPARlAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease, any costs incurred by the Lessor in removal of any structmes and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constihlte a lien upon the Lessee's interest in the riparian upland properly that is more particularly described in Attachment:12.. This lien on the Lessee's interest in the riparian upland properly shall be enforceable in SUl1U11ary proceedings as provided by law. 22. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which contains the O.R. Book and pages at which the lease is recorded. 23. RlPARIAN RlGl-ITS/FINAL ADJ1JDICATION: In the event that any part of any Sh'llcture authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending struct1ll'e from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constihlte a material breach of this lease agreement and shall be grounds for inunediate termination of this lease agreement at the option of the Lessor. Packet Pg. 507 ; 24. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, anclmust comply with the rules ancl statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification oftbe lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the docking facility. 25. ADVERTISEMENT/SIGNSINON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIESfIvlINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating stTuctures, fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structmes and/or activities including dredging, relocation/realiglUnent or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structmes shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter] 8- ]4, Floricla Administrative Code. This condition does not apply to minor Shl.lctural repairs required to maintain the authorized structl.lreS in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this lease. 26. USACE AUTHORIZATION: Prior to conU11encement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE . Any modifications to the COnShl.lction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior wlitten approval of the Lessor prior to the conU11encement of construction and/or any activities on sovereign, submerged lands. 27. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statlltes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 28. LIVEABOARDS: The tel111 "liveaboard" is defined as a vessel clocked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) clays within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall snch "liveaboarcl" status exceed six (6) 1110nths within any twelve (12) month period, nor shall any such vessel constil11te a legal or primary residence. 29. GAMBLING VESSELS : During the term of this lease ancl any renewals, extensions, modifications or assig1U11ents thereof, Lessee shall prohibit the operation of or entTy onto the leased premises of gambling cruise ships, or vessels that are used principally for the plllpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and retl.U'n to the state of Florida without an intervening stop within another state or foreign counh'y or waters within the jurisdiction of another state or foreign COtlntTY, and any watercraft used to carry passengers to and from such gambling cruise ships. 3~. FINANCIAL CAPABILITY: To assure the Lessor that the Lessee has the financial capability to undertake and operate the project authorized by this lease, the Lessee certifies to the Lessor as follows: (i) the Lessee is not the subject ofa pending bankruptcy proceeding; (ii) the Lessee has no unsatisfied judgments entered against it; (iii) the Lessee has satisfied all state and local taxes for which it is responsible; and (iv) no other matters are pending or threatened against or affecting the' Lessee or the Lessee's interest in the riparian upland property thal would impair the Lessee's financial capability to undertake and operate the project authorized by this lease. Any breacli of this lease condition shall constitl1te a default under this lease. 31. SPECIAL LEASE CONDITIONS: A. The Lessee shall prohibit any mooring, 011 either a temporary or permanent basis, along the sides of the) eastern and western face of the main access dock. To ensure compliance, the Lessee agrees to place and maintain: (1) a 3-foot high railing along the east and west face of the stll.lctl.ll'e, and (2) signs advising boaters that mooring either onPacket Pg. 508 a temporary or penmnent basis is prohibited. \ ! t B. Within 10 days of completion of the docking facility, handrails and "no-mooring" signs shall be installed along all portions of the docking facility adjacent to non-mooring areas. Handruils shall be constructed to eliminate access to the docking facility by boaters and shall be maintained for the life of the docking facility. C. Any vesselmoorecl at the clocking facility, on either a temporary or permanent basis, shall be wholly located within its designated wet slip as depicted on Attachment A ancl no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including Clll parts ancl accessories such as outboarcll11otors, bow pulpits, and swim platforms. D . The Lessee shall install and maintain, during the term of this lease and all subsequent renewal terms, reflective markers and lighted aids to navigation at all distant corners of the clocking facility and shall operate said lights Clt night or in conditions of reduced visibility . E. Vessels that either do not possess a current vessel registration and title as required by Chapters 327 ancl328, Florida Statutes, or do not have a current vessel registration and title as required in another state or country are prohibited within the leased premises. F. All vessels that moor, dock, or otherwise use the leased premises shall be maintained in a fully operational condition. Packet Pg. 509 .... \ WITNESSES: -M~ Original Signahlre .' : "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instnlll1ent was acknowledged before me this ll~ day of Qt~r ,2oLL, by Jeffery M. Gentry Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands , State of Florida Department of Enviro1U11ental Protection, as a el for and on behalf of the Board of Trustees of the Internal rovement Trust Fund of the State of Florida. He is p 'son DEP Printed, Typed or S .ijI'I;IioV'~~U'I...~, ........ Notary Public State of Florida My Conmussion E Kathy C Griffin My Commission 00727692 Explr.. 1013012011 Conmussion/Serial No. _ _ _ _ _ _ _ _ _ _ _ _ _ __ WITNESSES: _ _ _-'-"CSEAL) B ,t . ._ - - - - - - - - - - Original Signahlre {bAIL C!..LUCk Mr. Fred E. Tolbert III Typed/Printed Name of Witness TypedlPrinted Name of Executing Authority ~A2~ Original Signature Manager Title of Executing Authority (1I-J1C1 S 1:>, tlR.IEEtTl-J TypedlPrinted Name of Witness "LESSEE" STATE OF FLO Q IDA COUNTYOF OkALOO'5f::\_ Theforegoing instnlment was acknowledged before me this rx<2tJ...dayof ;SEiPlE M8ER. , 20K, Packet Pg. 510 by Mr. Fred E. Tolbert III, who is the Manager of Destin West Marina, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced > ~ , a0¥entification.  OESTIN IY.EST BAYSIOS A PARCEL OF SUBt-,IERGED SOVEREIGNTY LAND LYING IN UNSEC110NED TOWNSHIP 2 SOU 11-1 , RANGE 24 WEST, Of<ALOOSA COUNTY, FLORIDA, MORE PARl1CULARLY DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF LOT 23-A, SANTA ROSA ISLAND, SUBDIVISION OF BLOCK 13, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 54F, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE RUN N 04'08'00" E ALONG THE EASTERLY LINE OF SAID LOT 23-A, 82.00 FEET TO A POINT ON l1-iE PROPOSED R.O,W, (RIGHT-OF-WAY) LINE AS SHOWN ON SAID PLAT, AND A FOUND CONCRETE MONUMENT (NO H); THENCE N 04'08'03" E, A DISTANCE OF 461,97 FEET TO A POINT ON THE WATER SIDE OF A SHEET PANEL WOOD TOP SEAWALL; THENCE N 70'19'24" W ALONG SAID SEAWALL. A DISTANCE OF 26.47 FEET TO THE POINT OF BEGINNING; THENCE CONllNUE N 70 '19'24" W, 7.26 FEET; THENCE OEPARllNG SAID SEAWALL INTO CHOCTAWHATCHEE BAY. THE FOLLOWING BEARINGS AND DISTANCES: N 04'08'03" E, 435 .70 FEET; N .85'51'57" W. 142.00 FEET; N 04'08'03" E. 149.32 FEET; S 85 '51'57" E, 149:00 FEET: S 04:08'03" W, 586.95 FEET; TO THE POINT OF BEGINNING. CONTAINING 25,305 SQUARE FEET (0.58 ACRES), MORE OR LESS, ALL IN OI<ALOOSA COUNTY, FLORIDA. .... .. , ....... , .. , .............. ... . '::::::::.': FORT:::::::::::::.. ... .. ,., ..... , . ...... ......, ... ......... ... . , .... . " '::::::::::WALTON :::::::::: .. ,. .... .. •• • ••• , to . . .... . . . . • • •• , , ••••• .'~.... "::"...... ... :" ": . ". . III .. .. . . . . . . B E AC H' .... ..:::::::::: " . ... .. .. .... ..... ... . . . . . ... .. . , ' ~ : : ::,' ::: ,':::: :::: .'::: :::: :::: .': ::: :.': , o .: : ::: : :::.':: ::::::::: :::: ::::: ::::::. ?J ...... ': :. ' .. ,.. ... .... .' .......... .. .. .' ... ........ ... ,.. ' .. .... ,'.' ,' . ...... .. , . . ... . ..... . .. . ........ , . . . ~., BOARD ~~~~;AY ':::::::::::::::: ::::.' , , . .• . • • • .. • , • • • •. , __~WA7:L7K~,...,......~-n-r""""'-'--_ LATITUDE: 30' 23'51" NORlll LONGITUDE: 86 '35'13" WEST LOCATION. MAP DATE DRAWN: 5JUL Y1 0 DISK NO.: 99183EE-SLL Description SUBMERGED LAND LEASE SPECIFIC. PURPOSE SURVEY (THIS IS A FIELD SURVEY) REVISED: 10 SEPT 2010 - REVISIONS PER DEP COMMENTS _ _ _ _ _ _ _ _ _ _ _ _ _~------._~O~K'.!.A~L~O~O~S?!.A~- Coun ty, Florida , Sec, UNDIV. Twp. 2-S R 24- W I certify that this survey was made under ge. my responsible charge and meets the Not valid Recorded PLAT Book 2 ' 84F Page . Minimum Technical Standards as set forth by the Florida Board of 'Professlonal unless bearing Job No. 99-183-EE Field Dale 15 FEB 201 0 SU~y.~.yer~-&;'· ~i:ipperS:ln~laPter 5J-17.050, ...... §d:-17.051 9hd 5J-17.052, ursuant to Surveyor's Prepared For TOLBERT DEVELOPMENT COMPANY~ / Section 4/2. 2'1~'flarida Stutes. embossed seal. Fld. Vol. 49 Pg(s). 51 Party Chief BEP ......./. ::::-:....:---- SHEET 1 OF 7 8RrA - E. PASCOE, Professi onal Surveyor & Mapper - FL Certificate No. 5930 : HOCTAW ENGIN EERIN G, INC. , ENGINEERING • SURVEYIN(; • LAND PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRUXTON AVENUE • FORT WALTON BEACH, FLORIDA 32547 LB No. 1532 Packet Pg. 511 U"CAL .DESCRIPTION.' Submerged £,and Lease "B' for J)ESTIH lYEST BAYSI.DE A PARCEL OF SUBMERGED SOVEREIGNTY LAND LYING IN UNSEcnONED TOWNSHIP 2 SOUTH, RANGE 24 WEST, OI(ALOOSA COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF LOT 23-A, SANTA .ROSA ISLAND, SUBDIVISION OF BLOCI< 13, ACCORDING TO PLAT THERE'OF RECORDED IN PLAT SOOf< 2, PAGE 84F, OF THE PUSLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE RUN N 04'08'00" E ALONG THE EASTERLY LINE OF SAID LOT 23-A, 82.00 FEET TO A POINT ON THE PROPOSED R.O.W. (RIGHT-OF-WAY) LINE AS SHOWN ON SAID PLAT, AND A · FOUND CONCRETE MONUMENT (NO H); THENCE N 04'08'03" E, A DISTANCE OF 461.97 FEET TO A POINT ON THE WATER SIDE OF A SHEET PANEL WOOD TOP SEAWALL; THENCE N 70'19'24-" W ALONG SAID SEAWALL, A DISTANCE OF 227 .85 FEET TO THE POINT OF BEGINNING; THENCE ' DEPARTING SAID SEAWALL INTO CHOCTAWHATCHEE BAY, THE FOLLOWING BEARINGS AND DISTANCES; N 19'40'36" E, A DISTANCE OF 6.00 FEET; THENCE N 70'19'24" W, A DISTANCE OF 5.00 FEET; THENCE S 19'40'36" W, A DISTANCE OF 6.00 FEET TO A POINT ON SAID SEAWALL; THENCE S 70'19'24" E ALONG SAID SEAWALL, A DISTANCE OF 5.00 FEET TO THE POINT OF SEGINNING. CONTAINING 30 SQUARE FEET, MORE OR LESS, ALL IN OI(ALOOSA COUNTY, FLORIDA, LEASE "A" = 25,305 S.F. LEASE "s" = 30 S.F. GRAPHIC SCALE TOTAL LEASE AREA == 25,335 S.F. == 0.58 Ac. 40 o 20 40 ( IN FEET SCALE: 1" == 4·0 n . • I."j /~. 00 0 ,"I- 0) 10' ~ SEE SHEET 3 FOR P,O,C, LEASE "8" (STAIRS) AND EASTERLY PROPERTY J w LINE INFORMATION Z ::J « SUBMERGED LAND LEASE SCALE: 1" = 30' SPECIFIC PURPOSE SURVEY DATE DRAWN: 5JULY10 (THIS IS A FIELD SURVEY) SHEET 6 OF 7 DISK NO.: 99183EE-SLL CHOCTAW ENGINEERING, INC,' ENGINEERING • S'URVEYlNG ~ LAND PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRU XTON AVENUE' FORT WALTON BEACH, FLORIDA 32547 LB No. 1532 Packet Pg. 512  NU1'f5'0' 1· , 1) NO llTLE SEARCH OR ABSTRACT HAS BEEN FURNISHED TO TI'.IE UNDERSIGNED . DEEPS, DESCRIPllONS, EASEMENTS, OR OTHER INSTRUMENTS MAY EXIST lHAT AFFECT THE SUBJECT PROPERTY. 2) BEARINGS HEREON ARE REFERENCED TO THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 30 (U.S. HIGHWAY 98,100' R/W), SAID LINE BEING NORTH 55'52'00" WEST, ' PER PLAT. 3) VER11CAL DATUM SHOWN HEREON IS BASED ON USC&G CONTROL STATION ARIUM,; ELEVATION IS 7.72 N.A.V.D. ~ 1988. ' 4) THE MEAN HIGH WATER LINE (MH'WL) WAS ESTABLISHED AT ELEVA110N 0.53', PROCEDURE APPROVED BY BSM, DATED 14 JUNE 2010. 5) LINEAR FOOTAGE OF RIPARIAN SHORELINE ALONG LEASE AREA IS 12.26'. LINEAR FOOTAGE OF RIPARIAN SHORELINE ALONG TOTAL SITE IS 643.69 FEET. 6) LATITUDE AND LONGITUDE FOR SUBMERGED LAND LEA~E AREA AS SCALED FROM U.S.C. & G. QUADRANGLE MAP OF FORT WALTON BEA.CH, FLORIDA - LATITUDE: 30'23'51" NORTH LONGITUDE: 86'35'13" WEST. " 7) THIS SURVEY IS CERTI~IED TO TH,E BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. U'CAL JJSSCRIPTIOH.' PARCEL}' C.R. BOOK 229', PAGE 3441) A PORTlON OF LOT 23-B, SANTA ROSA ISLAND, SUBDIVISION OF BLOCK 13, ACCORDING TO PLAT THEREOF RECORDED IN PLAT 8001< 2, PAGE 84F, OF THE ,PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT Tl-1E SE CORNER OF SAID LOT 23-B, RUN N 04'08' E ALONG ' ,Tl-iE EASTERLY BOUNDARY THEREOF, 82.00 FEET TO A POINT ON THE PROPOSED ROW LINE AS SHOWN ' ON 'SAID PLAT; THENCE N 85'52' W ALONG SAID ROW LINE (RIGHT-OF-WAy 'LINE) 213.,6; FEET TO: AN IRON ROD "!UMBERED 2032; Tl-IENCE DEPARTING SAID RIGHT-OF-WAY LINE RUN N 05'14' E 341 .11 FEET ' TO THE POINT OF BEGINNING; THENCE CONTINUE N 08'14' E 265 FEET, MORE OR LESS, TO A POINT ON THE SHORELINE OF CHOCTAWHATCHEE BAY; THENCE MEANDER , SAID SHORELINE IN AN EASTERLY DIREC110N 170 FEET, MORE OR LESS, TO ITS INTERSECTION 'MTH THE EASTERLY BOUNDARY OF THE AFOREMEN110NED LOT 23-B; THENCE DEPAR11NG SAID SHORELINE, RUN S 04'08' W ALONG SAID EASTERLY BOUNDARY 585 FEET, MORE OR LESS, TO AN UNNUMBERED CONCRETE MONUMENT ON THE AFORESAID PROPOSED RIGHT-OF-WAY LINE; Tl-iENCE N 85'52' W ALONG SAID, RIGHT-Of-WAY LINE 25,00 FEET; THENCE DEPAR11NG SAID RIGI-n-OF-WAY LINE RUN N 04'08' E 340,24 FEET; THENCE N 85'52' W 164.25 FEET TO THE POINT OF BEGINNING. ' U'CAL lJ.ESCRfPFIOH.' PARCEL II (O.R. BOOf( 2252, PAGE 1316) THAT POR110N OF LOT 23-A OF BLOCK 13 BORDERING FREEWAY #9 ON THE EAST BEGINNING AT A POINT WHERE FREEWAY #9 MEETS HIGHWAY 98, Tl-IENCE WESTERLY PARALLELING U.S. HIGHWAY 98 TO A POINT 400 FEET DISTANT, THENCE NORTHERLY TO CHOCTAWHATCHEE BAY, THENCE EASTERLY ALONG THE NORTH SHORE LINE FOR 4-00 FEET, MORE OR LESS, TO A POINT WHERE CHOCTAWHATCHEE BAY MEETS FREEWAY #9, THENCE SOUTHERLY TO THE POINT OF BEGINNING ACCORDING TO PLAT RECORDED IN P~BLlC RECORDS OF OKALOOSA COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 84·-F. U"CAL JJ.ESCRfPTIOH.· PARCEL III (O.R. BOOI( 2296 , PAGE 604) A PORllON OF LOT 23-8, SANTA ROSA ISLAND, SUBDIVISION OF BLOCI( 13, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 54-F, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, BEING MORE PAR11CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID LOT 23- B, RUN N 04'08' E ALONG Tl-IE EASTERLY BOUNDARY THEREOF 82.00 FEET TO A POINT ON THE PROPOSED ROW LINE AS SHOWN ON SAID PLAT; 111ENCE N 85'52' W ALONG SAID ROW LINE (RIGHT-OF-WAY LINE) 213.61 FEET TO AN IRON ROD ,NUMBERED ,2032 AND THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT-OF-WAY LINE RUN N 08'14' E 341.11 FEET; THENCE S 85'52' E 164.25 FEET; THENCE S 04'08' W 340.24 FEET to A POINT ON THE AFORESAIDP ROPOSED ROW LINE' 111ENCE , ' N 85'52 W ALONG SAID RIGHT-OF-WAY LINE 25.00 RIGHT-OF-WAY LINE 188.61 FEET TO THE POINT OF BEGINNING, CONTAINING ,60.022 SQUARE FEET (1 .38 ACRES), MORE OR LESS. SUBMERGED LAND LEASE DATE DRAWN: 5J,U LY10 SPECIFIC PURPOSE SURVEY DISI< NO.: 99183EE-SLL (THIS IS A FIELD SURVEY) SHEET 2 OF 7 CHOCTAW ENGINEERING, INC,' ENGINEERING • SURVEYlNG • LAND PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRUXTON AVENUE • FORT WALTON BEACH. FLORIDA 32547 LB No. 1532 Packet Pg. 513  - - - ~- - - _ _ _ ~P!~MA 1£ SOU Tt-l LiNE OF . • I . ' ! NA VlGA llON-AL CHANNE~ (MARI<ED) - ~ - - - - - - - - S85'47'02/1 E , ---104.45' .~~ - ,I <t - CENTERLINE' LEGEND R/W - RIGHT-Of-WAY u..Z 0« I ....J W Z ,i :1CHANNEL " U td ~ MARI<ER P.O.C. _ POI NT~OF-COMMENCEMENT I P.O.B. - POINT-OF-BEGINNING O....J W« (p) - PLAT DATA C.R. - OFFICIAL RECORDS JEO Z /. FIP - FOUND IRON PIN, 5/6· ::IF= / (F) - fJELD DATA 0« ,, FCM - FOUND .... X .... VJt.? (0) - DESCRIPTION DATA CONCRETE MONUMENT ;:; 0« SUL - SAFE UPLAND UNE f-Z , ~ I....J '-.,.« ~ .+ eJ LOO .362 . .3' .... w "u.. 25.5' SUBMERGE LANDLEASE ' AREA '- SEE SHEET 5 OF 7 FOR DOCI< DETAILS LENGTH RIPARIAN SHORELINE: LEASE AREA = 7.26 LF PROPERTY LINE =64;3.69 LF GRAPHIC SCALE I SUBMERGED LAND LEASE '\ \~~~O,~ . SCALE: I r , 1 = 100 SPECIFIC PURPOSE SURVEY DATE DRAWN: 5JUL Y1 0 ( THIS IS A FIELD SURVEY) SHEET 4- OF 7 OrSK NO.: 99183EE-SLL CHOCTAW ENGINEERING, INC.' ENGINEERING • SURVEYlNG • LAND PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRUXTON AVENUE· FORT WALTON BEACH, FLORIDA 32547 LB No. 1532 Packet Pg. 514  DOCK 'A' & '8' DETAIL SCALE: '\" = ~O' <{ ~ in cd &f: ~0 O:::z 0- . () 0 1'1 u..0::: ::Eo 0 ~~ 0 I N 1'1 j(1 ~ Ow Wz I 0- 0::...J I Ww :::E Vl CD~ :JW I Vl ...J I I . I I ~~ ~cn in ~ () N to ~ I 0 .0 ~0 O::z 0- I u.. :::EO w O I 0:: f-'~ I l I DOCK 'B' DOCK 'A' 0.5' __ SLIPS SIZES 16' x 31' SLIPS SitES T-2A & T-28 T-1A & T-18 12.5' x 19' 26.0' 8-1 TO ·8-3 14' x 30' A-1 TO A-6 15' x 32' 8-4 TO 8-8 13.5' x 28' A-7 TO A-8 14' x 30.' 8-9 TO 8-10 12.75' x 26.' 8-11 TO 8-13 12' x 26 ' GRAPHIC SCALE 30 0 15 30 ~.wrt;J 8-14 TO 8-17 11.5' x 24' . .' lW" ( IN 'FEET ) SCALE: 1" = 30' SUBMERGED LAND LEASE SPECIFIC PURPOSE SURVEY SCALE: 1" == 30 ft. DATE DRAWN: 5JULY10 (THIS IS A FIELD SURVEY) SHEEr 5 OF 7 DISK NO.: 99183EE-SLL ~HOCTAW ENGINEERING, INC., ENGINEERING • SURVEYING • LAND PLANNING • (850) 862-66 '\ 1 • FAX (850) 863-8059 112 TRUXTON AVENUE • FORT WALTON BEACH. FLORIDA 32547 LB No . 1532 Packet Pg. 515  ." , en 0) Il:J ;:: ~j> : ~ ,....: n I tri C"i .0 II) Il:J I S "'" . , n_ 3: I') .- 3: P -.t. a Vl I u.. 0 11 QJ .C"I I I w a::: W (!) a:: ...... --~ IE8 Vl Vl w () :::> () 0 « Vl , .... -. f:? • Q) ~ () 0 a . IQ'--- 81~8 . 0 · :illq ·~ II) I ~ CD « !tIOJ~ I · 01,3' ~ gl.8 ffi ~ N ~I~ ~ . N . 0) ID It) Il) ll) LI.I I- 0 I ° ° (I) I '" a l(I)z I 0 a:: I- 0 Q' l2 l2 J 0 0 ,0 .....J NOTE: THa: M~AN HIGH WATER LlN~ ..J b ;;;- ~ <i! , SHOWN C<PMP~IES WITH CHAPTER 177 ~ ,"'- ~ ~ -J '" r ' to 0 z ;; ~ I") PART II. fjLORIDA STATUTES, . . I .I ~ a ~ 1M I I ~ w I I PARCEL II ,3' Q 1<..1 I- , I '".q. I I 206 896 S F 8 '>=" n,3 ° 'r r b PARCEL .111 59,970 S.F. ~I ...· 1 I . • . . ~ 'pOJ Ii g~ ~ p Z I eo GRAPHIC SCALE ; ~ 5 ~~ o z I")I ;u I I I .100 0 50 100 ~ a (I) Z '- I 0 ~ r!! #: ~ SCA~:N :E~~ Ii: °1 I [ '>. . /,;" POB I I c9~.... ~ 1 00 It I ~1J.<t>I / ' PARCEL III I,~<;) ;,}<S- _oo~ \'I ~7w-lINE I I N8S 'S2'OO" W 213.61'(0) I I 25.0' w I <"r:..o~~ " (REFERENC E BEARING) NUS'S,2'OO"W (P) . . 399.83'(F) f &~~~<if ~V' ~ e,,0 .... I;::: I I N8S'SO'26"W: 213.SS'(F) glb ___ f,,~O~--1 _ I ~ l;j 'I~ R/W LINE I '" I OJ P,O.C. SUBMERGED b ,0 ---..L_____ -------~_.l, ~I LAND LEASE "A &~..qltO i;jlo ~-------- . ---__ . l!.t 0 a ~ . N8S'S2 'OO " W 400~Q7" (P) - - - - - - - _ ~ .z n - - - - -- - ---- - - __ _ . WESTERLY 400.00'+/-(0) ---'~~~CEL II U,S. HICHWAY 98- - -- -~ - - -- - -- __ __ - -- - - SUBM ERGED LAND LEASE SCALE: 1" = 100' SPECIFIC PURPOSE SURVEY DATE DRAWN: 5JULY10 (THIS IS A FIELD SURVEY) SHEET 3 OF 7 DISK NO.: 99183EE-SLL CHOCTAW ENGINEERING, INC,' ENGINEERING • SURVEYING • LAND PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRU XTON AVENUE • FORT WALTON BEACH : FLORIDA 32547 LB No . 1532 Packet Pg. 516  I~ J I - I J ~ I ~ I :.; f; t B ~, I q 121.5' GRAPHIC SCALE 80 040 80 DIMENSIONS SHOWN HEREON ~!!'0 - ~~rihl'd ' ; REPRESENTS DOCI< INFORMATION (DOES NOT INCLUDE LEASE AREA) ( IN FEET ) I SCALE : 1" = 80 ft. I n to co If) I SUBMERGED LAND LEASE SPECIFIC PURPOSE SURVEY ' (THIS IS A FIELD SURVEY) SHEET 7 OF 7 CH OCTAW ENGINEERING, IN C. ' ENGINEERING • SURVEYiNG • LAND ' PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRUXTON AVENUE · FORT WALTON BEACH. FLORIDA 32547 ' LB No. 1532 Packet Pg. 517 <:. ., Inslr If. 269'1 '178 BK: 2S77 PGAOG6,Page'l of 3 Recorded 03/24/20 '1'1 al 03:'12 PM, RECORDING: $'15.00 RECOFIDING ARTICLE V: $'12.00 This Instrument prepared by DGPUll' CLERI( SCOPE and after recording return to : DON W. I-IOWARD.CLERI< or- COURTS. OI(,~LDOSA COUNll'. r-l John D, HUillphreville, Esq. Sa lvatori , Wood & Buckel, P.L. 9132 Strada Place, 41h Floor Naplas, FL 34108 AMENDMENT TO MARINA EASEMENT AGREEMENT (Correct Legal Description) THIS AMENDMENT TO THAT CERTAIN MARINA EASEMENT AGREEMENT is made this c:? 1 l::k day of Marcil, 2011, to correot the legal description 'found in that certain Marina Easement Ag reement recorded on October 26,2010, in the Public Records of Okaloosa County, Florida, at Official Records Bool< 2958, Page 472, et seq, by Destin West Beach and Bay Resort - Bays ide Property Owners Association, Inc., a FIQrida not-for-profit corporation (hereinafter "Grantor"), and Destin West Marina, LLC, a Florida limited liability company (hereinafter "Grantee") , for the purpose of correcting the legal description of the "Property" described in Exhibit "A" to the Marina Easement Agreement as follows : . 1. The legal description of the Property as set forth in the Marina Easement Agreement is replaced with the legal description attached hereto as Exhibit "A" 2. In al l other respects , the terms and conditions of the Marina Easement Agreement remain in full force and effect. IN WITNESS WHEREOF, Grantor and ' Grantee have executed this Amendment to Marina Easement Agreement this 83 l/-t;k day of March,2011. Signed , sealed and delivered GRANTOR: in our presence (Corporate Seal) DESTIN WEST BEACH AND BAY . RESORT-BAYSIDE MASTER PROPERTY OWNERS ASSOCIATION, INC, a Florida not for :~OfitC~$:liO.~ ~~_ PnntN e 2;/~ Its: ' . ''-'A .~ . • 1.... . Page 1 Proiaw:397992 Packet Pg. 518 . ," STATE OF FLORIDA COUNTY OF OI<ALOOSA _~ The foregoing instrument was acknowledged before me this c:i t 1:. day of March , 4 2011 , by ylJ m PET F1eS . .o,t Destin West Beach and Bay Resort-Bayside Master Property Owners .Assoclatlon, Inc., wr~IS' ers0u::{:::__ '. . ~ .,~\ \ \~ ~ :ld~'{)li/ I/ ;. .:$ ':ICl ........ 0'1_~ •• ' ~\SSIOt\t '" r "1.- /NO~,( P~ - "B - ' ARY SEAL] . '" ~ ..::'CJa~,\~6. .?oQ-t:i.·.. ~ PLEASE PRINT OR TYPE NA E OF NOTARY :: .~ 'l I'S'~ .~. =*: _ • • • "'1) t.n~ =. '*_. ~~~~\ '. YDD 987092 IL ..= :go :.~ ~ ~ .~ ~;.'. ~""'ldDd~ ., ~ " 1~ tO~ •• ~a~l~ .' •• ' ~ ~v,!~~ i'/,111 Vc ST"'i l'.O\,..:~" GRANTEE: II/Illi 11111\ \\\\\\ STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me of 1)1 )j·R c.. H , 2011 , by FRe b ~ ··rOL l5ed2.~( (( I , as of Destin West Marina , LLC ., who is personal ly known to me. --L..!.....L...~~::.....:::::~-W...~_ I . / /-.C--~ ...- -..- -----, ~ ifAR1' PUBLIC !N~ ARY SEAL] \.fo ~ b,--,/ (J~ . PLEASE PRINT OR TYPE N./ E OF NOTARY Page 2 Prolaw:397992 Packet Pg. 519  EXHIBIT 'N LEGAL DESCIUPTJON : A PORTION OF LOTS 23-A AND 23 -B, SANTA ROSA ISLAND, SUI3DlYISON OF BLOCK 13, ACCORDING TO TI-lB PLAT THEREOF HECORDED IN PLATBOOI( "', ~I..?A.QE" 8 ,4l?,, OE, THE PUBLIC RECORDS OP,OKALOOSA COUNTY j FLOIlIDA; ' MORE PARTICULARLY DESCIUBED AS COMMENCJNO AT THB SOUTHEAST , CORNER OF SAID LOT 23-8; THENCE NORTH 04°08'00" EAST ALONG THE EASTERLY BOUNDARY OF SATD LOT 23-B, A DISTANCE OF 82,00 PEET TO A CONCRETE MONUMENT ON THE NORTH IUGHT-OP-WA Y LINE or u,s, ' HIGHWAY 98, THENCE'NOR'h-I 85°50'26" WEST ALONG SAID NORTH RIGHT· OF-WAY LrNE, A DISTANCE OF 213 ,55F.):':8TTO AN lllON PIN (#2032) AND THE POINT OF BEGINNING; THENCEDEPARTD'lG SAID NORTH RlOl-:!T-OF-WAY LINE, PROCEED NORTH 08°14'00" EAST, A DISTANCE OF 555,69 FEET TO A NAIL & DISK (#4450); ON A SBAWALLALQNG TI-lECHOCTAWHATCHEE BAY; THENCE CONTINUE ALONG SAID SEAWALL THE fOLLOWING DESCRIBED COURSES A}.ID DISTANCES: NORTH 09°23'53" EAST, 39,77 FEEl; THENCE ' SOUTH 71 °29'35" EAST, 55 ,19 FEET; THENCE NORTH 81°58'13" EAST, 13,97 ". ',' FEET; THENCE NORTH 5]°]3'23" EAST,21.18 FEET; THENCE SOUTH 70°19'24" , EAST, 505,92 FEET TO A POINT ON THE EAST LINE OF SAID LOT 23 -A; , THENCE DEPARTMG SAID SEA WALL SOUTH O,\00S'03" WEST ALONG SAID EAST LINE, A DISTANCE OF 46] ,97 FEET TO A CONCRETE MONUMENT (NO , lD.) ON THE NORTH RlGHT-OP-WAY LINE OF U.S, HlGHWAY 98; THENCE CONTINUE ALONG ~AIDNORTH RTGHT-OF·WAY,NORTl-J 85°50'26" WEST, A D1STANCE OF 6.13.38 FEET TO THE POINT OF BEGlNNING. CONTAINING 7.34 ACRES, MORE OR LESS, ALL IN UNDIVIDED TOWNSHIP 2 SOUTH, RANGE 23 WEST, OXALOOSA COUNTY, FLOIUDA, LE SS AND EXC EPT: All of Sa,ndplper at Destin West Beach and Bay Resori, a Condominium, according to Ihe Declaration of CondominIum recorded on July 6, 2004, In OfficIal Records Book 2544, , pa~~ ,4612, In the Public Records of 011,lIo05a County, Florida; and " All of Pelloan at Peslln Wes t Beach and Bay Resort, a Condominium, aocording to lhe Declaration of Condomlnlulll recorded on Oclober 6, 2004, In Official Records Bool< , 2566, page 2972, in Ihe Public Records ofOi<aloosa Counly, Florida; and All of Heron al Destin Wesl Beach and Bay Resorl, a CondomInium , according 10 the Declaration or CondomInium reeordeeJ' on June 6, 2006, ,In Official Records Book 2713, page 89~, in the Pllbllc Records of ekaloosa County, Florida; and All of Osprey at Destin West Beacil and S'ay Resort, a C~ndomlnjllm, according 10 the Declaration of ,Condominium recorded on April 24, 2006, In Official Records Book 2703 page 677, In the Public Records of Okaloosa County, Florida;' and ' All of at Destin West Offloe Building, ~ Condominium , according to the Declaration of ' Condominium recorded on December H 2006, in Ollieial Records Book 2754, page 3470, In the /=>ubllc Records of Okaloosa County, Florida, Packet Pg. 520  i - I ~ I I MAlUNA EASEMENT AGRE~MENT TI-IlS MARINA EASEMENT AGREEMENT is made this ~5 clay of 19 C /, 2010, in replacement of the Marina Easement Agreement recorded July 28, 2003 ("Prior Easen~ent"). in the: public records of Okaloosa County, Florida at Book 2458, Page 3076, et. seq., wblch Pnor Easement is abandoned and vacated, as evidenced by the notice of abandonment recorded in the public records of Okaloosa County concurrently herewilh. The easement gra.nted herein is by and between DESTIN WEST BEACH AND BAY RESORT-BAYSIDE PROPERTY OWNERS ASSOCIATION, INC. a Florida not-for-profit carpoI'ation (hereinafter "q!:.~I~l.<?( or "Bayside Master Association"), and DESTIN WEST MARfNA, LLC, a Florida limited liability company (hereinafter "Grantee"), for the following uses and purposes: 1ill CIT ALS : A. On November 7, 2009, Tolbert Bayside Development Company, developer of the multi-condominium project known as Destin West Beach and Bay Resort - Bayside in Okaloosa County, Florida, turned over control of the' Bayside Master Association, to Grantor. As a result and pursuant to a special warranty deed elated November 6, 20] 0, as amended or cOlTecled, Grantor became the owner in fee simple of that certain tract or parcel of real property lying and being in Okaloosa County, Florida, and being more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Propelty"). B. Grantee desires to obtain, an4 Grantor has agreed to convey, certain easements, including riparian rights, to allow Grantee to obtain a sovereignty submerged land lease from the State of Florida, ~o construct docks and boat sl ips (the "Marina Improvements") required for the development of a 29-slip (maximum) private multi-family marina (the "Marina") ill accordance with and subject to a settlement agreement dated /o-:<~.,,?o/() ,incorpol:ated herein, between Heron at Destin West Beach and Bay Resort Association, Inc., Pelican at Destin West Beach and Bay Resort Associatioll, Inc., and Grantee (hereinafter "Settlement Agreement"). The Marilla is to be constructed upon the sovereign submerged lands located immediately north of the Property, which Marina Improvements and Marina will, once constructed and the slips said only to Destin West Baysi~e residential unit owners, be Bayside Master Association common property. NOW, THEREFORE, in consideration of tile premises and other good and valuable consideration the receipt, adequacy and sufficiency of which are hereby acknowledged., the Grantor and Grantee hereby covenant and agree as follows : . 1. Recitals: The recitals set forth above are true and correct, and shall constitute and be construed as an ii1tegral part of this Easement Agreement and not merely as recitals hereto. 2. Grant of Easements: a. Grantor hereby grants and conveys to Grantee, tbe following easements . (hereinafter the "Easements"): Inslr 112666578 BK: 2958 PG:472,Page 1 0(6 Recorded 10/26/20'10 al 03:47 PM. Page 1 of 6 RECORDING: ~28.50 RECORDING .l\RTIClE V: 524.00 DEED DOCSTAMPS: $0.70 nFPUTY rei F.RI( srenpF. : :: : : : . •• ~ ... '; "LJ. ~l.crll\ OF COURTS. QK.~LOO~A COUNTY. FL Packet Pg. 521 ~ i ~ ,! (i) A non -exclusive temporary easement for ingress, egress and Lilli ities, and j nclud ing riparian rights, upon, over and across, the Property for the PUI'pose of allowing Grantee to consLruct a marina in accordance with the Settlement Agreement, to be located on sovereign submerged lands pursuant to a Sovereignty Submerged Land Lease, if and . when granted, by the State of Florida to Grantee; (i i) A non-exclusive easement for the construction of such II nderground utilities as may be reasonnbly required for the construction of the Marina uneler the Property; provided that the location of all utility lines nnel improvements necessary therefor shnll be approved by Grantor; anel, 3. Purpose of Easements. The Easements granted hereby are for the express purpose of providing Grantee with the necessary uplands interest in the properLy and rights for temporary ingress, egress, utilities and construction vehicle parking such that GranLee may construct the Marina to be located on the sovereign submerged lands located North of and adjacent to the Property. 4. Marina. Grantee shall have complete and total responsibility for the construction of all Marina Improvements necessary for Grantee's sale of slips to by Grantor's residentialul1it owners and for Grantor's operation of the Marina, onGe completed and permitted. Grantee shall be responsible for obtaining, at Grantee's cost, all necessary, local, state and federal permits and approvals that may be required from time to time for purposes ofconstructing the Marina Improvements. Grantor, as owner of the Property, shall assist Grantee, at Grantee's cost, as may be reasonably necessary when reqll ired by any permitting agency for the issuance of a required perm it. Grantee shall be solely responsible and liable for complying with any local, state or federal perm its, requirements, obligations and duties of governmental agencies and applicable codes and standards related to the construction of the Marina Improvements. 5. Indemnification and Hold Harmless . a, Grantee shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless Grantor, its Sllccessors, assigns, employees, officers, attorneys and agents (collectively "Indemnified Parties") fyom and against all claims, losses, damages, personal injuries, (including but not limited to death) or liability (including reasonable attorney's fees to any and all administrative, trial and appellant proceedings), direct or indirectly arising from, out of, or caused by Grantee, its officers, employees, agents, or contractors, negligent or inteJitional acts, errors, omissions in the construction of the Marina Improvements. The indemnification provided herein shall obligate Grantee to defend, at its expense, or to provide fOl' slIch defense, the option of Grantor, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against any Indemnified Party arising from or in any way related to this Easement Agreement. In all events, the Grantor shall be permitted to choose legal counsel of its sole choice, the fees for wh ich shall be subject to and incl uded with the inciel11ll ification provided herein, as long as said fees are reasonable by local sLandards. Page 2 of 6 Packet Pg. 522  b. Grantee shall, throughout the terl11 of this Easement Agreement, provide f.llld keep ill force a comprehensive general public liabilil}' illsurcll1ce policy with an insurance company, and in all amount ancl form, reasonably satisfactory to Grantor. All such policies shall name GralltOi" as an additional insured or loss-payee. Such policies (including renewal insurance) or certificates therefor issued by the insured, shall contain an agreement by the insured that such policies shall not be canceled without 8t least thirly (30) days prior wrilten notice to Grantor, and in no event shall such p~licies be canceled by Grantee without Grantor's prior written consent. At least ten (10) days prior to the expiratioil of any such policy, Grantee shall deliver to Grantor, the new original policy 01' certificate for renewal insurance . 6. Termination of Easements. These Easements shalll:erminate upon and subject to the earlier of the substantial completion of construction of the Marina or .Iuly 27, 20J 4. In the event the Marina is not comp leted by .July 27, 2014, clLle to clue to any force majeure preventing the com pletion of its construction by that elate, these easements shall be renewed and remain in effect for sLlch reasonable period ohime to allow for substantial completion of the Marjna. 7. Permitted Encumbrances. The Easements are conveyed subject to the following liens, and encumbrances (the "Permitted Encumbrances"): a. Alllinlitations and restrictions contained in this Easement Agreement; b. That certain Master Declaration of Covenants, Conditions and Restrictions for Destin West Beach and Bay Resort-Bayside, recmded, in the public records of Okaloosa County, Flmida at Book 2544, Page 4562 (the "Master Declaration"); and c. Those preserved easements and amendments of Paragraph 5 (but not those to be vacated pursuant to Paragraph 3), restrictions and other provisions of the Settlei11ent Agreement. 8. Assignment. All rights, powers and privileges herein .reserved and given to either party shall inure to the benefit of and be held by the respective successors, heirs and assigns of the parties hereto, and likewise, all liabilities and obligations imposed upon each shall be binding upon the respective successors, heirs and assigns of the paliies hereto; with such successors, heirs and assigns acquiring such rights, powers and privileges subject to the terms and conditions of the Settlement Agreement. 9. Amendment. This Agreement constitutes tbe entire Agreement ofthe parties and . may not be amended except by written instrument executed by all parties hereto. 10. Venue and Choice of Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. In the event any litigation to enforce or interpret th is Agreement, the parties hereto do hereby agree that the exclusive forum thereof shall be the Circuit Court of Okaloosa County, Florida. . Page 3 of 6 Packet Pg. 523 ,. . < I i I 1] . Headings. The paragraph headings are inserted for convenience only and are in no way inlended to ciescribe, interprel, define 01' limit the scope or content of this Agreement or any provis ion hereof. 12. Altol'l1eys Fees. In connection with any litigation, including appellate proceedings, arising out of this Agreement, the prevailing party shall be entitleci to recover reasonable attorney's fees and costs . 13 . Merger. No prior or present Agreements or representations by or between the parties shall be binding upon any of the palties hereto except those incorporated in this Agreement. IN WITNESS WHEREOF, Gl'311tor and Grantee have executed th is Easement Agreement effective as of this M day of ~ ((}!3.l~, 2010. (Corporate Seal) Signed, sealed and del ivered DESTIN WEST BEACH AND BA Y In Our presence RESORT-B A YSIDE PROPERTY OWNERS ASSOCIATION, INC, a Florida not for pr fi t corporati Witness #1 (print name below) PrInted Name . STA TE OF FLORIDA COUNTY OF OKALOOSA The fore goin g instn)l,nenl was ,cknowl ed ged befo re me In i day of 0 t C s25~h OJ b 20 10, by :J) )"Yl ti? y5 re . ofDestll1 West Beach and Bay Resort-Bayside Property Owners Association, Inc., who is personally known to me. . :\\\\\\\1 11 11 11//1/ . U ~\\\\",\)\H BO)'}IIII,!/. C';~ ; [( ~ " "'" ~ ~ ~,....I-"'-.:c..::.---,-->-<-",,-~=.._~+-_ :f ... ~~",:s3SI0N~' •• ~ NOTARY ~ UBLIC [NOTA . ,.- =:*: ~ ~ : ->...CJ ~,,\\\ .20" ~ '. .~ 'I" Ii'~ .::: <JI ~ ~ ::: '10 1.) 12 ~~ : ..... :* ~ __---'-.:./A;:.:.CJ.L!...Jl~(.J...cJ,.l.!::()_'b::::..kZ~Q.:I..__ _ __ ~ 9.... RD0868187 ..'~ '2 Printed Name of Notary ." ~ " A....- ... ,, ~ ~ ~ '9}-',. ~~~i\1:?nj\ ,,' c§:"$' ~ ,0 " ' ..n·If'O\I\~:,' ~v ~ ~'/. ~8J """" a~ ~~ II/ <Ie STlil'\:. \\'\ . 1//)//111 111\1\\\\\ Page 4 of 6 Packet Pg. 524  DESTIN W" D1ARlliAJ-LC, ,..ft,.F+ ~I a limit clliability co.'!l~, c8 &,;P , CiuAJe.... Witness #1 (print nnme below) ~ . / ~ ~d~ ". Witness # (print nnme below) S )) ;ILl e y I geM 'r:. SEAL] Printed Name of Notary Page 5 of 6 Packet Pg. 525  ,, ~. : ~1 EXHIBIT "A" A portion of Lot 23-A and Lot 23-8, S~nta Rosa Island, Subdivision of Biock 13, according to tl)6 plf,\'t tllsreof recorded In Plat Book 2., page 84 F, of the Public Records of 01<~llo()5H County, Florida, being more partiGUlclrly described as oommenclng al the Southeai31 corner of said Lot 2:~-A; thence run North 04°08'00" East along .the Easterly boundary of Lot 23-A per said plat, bOI'derlng Ninth 868Cl1 Freeway, 82,00 feet to a concrete monument (no #), on the North rlght-of-wl;1y line of U,S, Highway 98 (as It exists in 2003), for i~ Point of 8eglnnlng; thenCB North 85°52'00" West (reference bearing) along salel right-of-way line, 613.45 feet to an Iron pin (#2032); 1hence departing said right-of~ way line, North 08°14'18" E~sl, 655,73 feet 10 a concrete monument (H3027) which is South 08·14'18" West, 13 fsst, mora or less, from the water's edge of Chodawhatchee Bay; thence traverse South 76°32'16" East, 681,36 feet, to C\ point on the EasttJrly bounda.ry of Lot 23·8; thence South 04°08'03" West <:\Iong sC1id EOlsterly boundary, . 460,08 feet, more or less, 10 the Point of Beginning , Containing 7,32 aores, more or less, all in undivided Township 2 South, Range 23 West, Okaloosa County, Florida; lESS AND EXOEPT: All of Sandpiper at Destin West 8each and Bay Resort, a Condominium, according to the Deolaration of Condominium reoorded on July 5, 2004, In Official Records 800k 2544, page 4612, In the Publlo Reoords of Okaloosa County, Florida; and AJI of P€llican at Delstln West Beaoh and Bay Resoli, a Condominium, according to th~ Declaration of Condomlnlum recorded on October 6, 2004, in Offioifill Records Bool< 2566, page 2972, In the Public R.ecords of Okaloosa County, Florida; and · All of Heron at Destin West Beach (3nd Bay Resort, a Condominium, according tei the DeclarAtion of Condominium recorded on June 6, 2006, In Official Records Book 2713, page 895, In the Public Records of Ol<aloosa County, Florida; and All of Osprey at Destin West Beach \3nd 8ay Resort, a Condominium, 2tccording to the Declaration of Condominium recorded on April 24, 200B, in Offiolal Records Book 2703, page 677, In the Public Records of 01<0110058 County, Florlds.; filnd All of ilt .Destlt'l West Office Building, a CondomInium, aoco(dihg to the DeclE1rstion · of Condo,rninlum re.corded on December iLl, 2006, In Official Records Book 2754, pag~ 3470, In the PubliC Reoords of 01<8100s8 COLlnly, Florida, Page 6 of 6 Packet Pg. 526  . II! .• EXHIl3iT ":-' .~ A" II .~ ~ ..... ...., I .... ~--- '" ) I -.- -... J .". L. f- a -..J PARCEL III PARCEL II 1[. I . Poe ~1 PARCEl. III (IlEITRENq: BEAIlIIIG) N8S " 2'OO ' W (P) ,1.1 J99 .83' F) .:f ~" R/W UNi .8 18 ~1l 81.8 --- ~-- l'!~ ~ b - _I ~ ~ ~- --- PARCEl. II u.s. ~------------------------- PASCOE SURVEYING & MAPPING, INC, n 8BI'i'lCK ClllCl.K PHON!, 010-011";00 SCALE: I" = 100' BHA.l.JltAi, FLOlrnA U4n FAlC 810·66I,. '2J E'htAJI..t btla.n 4Jp..~ o...lIT y . yl~. coro DATE DRAWN: 1BFEB1D OeRTIFIOATBl OF AUTHORIZATION No. 1:1107 DISK NO. : QOI6JEE- SLL Do.crlptlon SU8lviERGED LAND LEASE SPEClflC PURPOSE SURVEY REVI SED: OKALOOSA County, florida. Soc. ~ Twp. ~ Rg o. 24-W ~~'~~:~o~~~~I ~h!:,o~~ro""tn~a~o,:,~d~h~nd" Not valid Record.d..EJ.AL.. Book __2__ POQ a ~ ~~nu:~nh:rid:;nhc~~r~I~~dp;~i..~io~~11 (~~~ unl ••• boarln9 Job No. 99-183-EE Flald Dot. 15 FEB 2QIO SUf\")<Jf> In Chopl" 81017- 6, florida Prepared For TOlBERT DEVELOPMENT CmlPANY Adrnlul. trotlve Codo, Pur luant to Section +72.027, florida Slalul ... SUl".)'Or·, . mbo •• od sool. Fld. Vol. ~ Pg(.) , _ 5_ 1 _party Chi., BEP . SHEET 3 OF 5 rl~IA~/:.. P:LS~C;;ilri::::·~~.n~9~~rv.)'Or 4: CHOCTAW ENGINEERING, INC.' ENGINEERING ' SURVE'11NG • LAND PLANNING ' (050) 862-6611 . FAX (850) 863-8059 112 TRUXTON AVENUE . FORT WALTON BEACH, FLOrllDA 32547 LB No. 1532 Packet Pg. 527  J ~==~~~~==~I__'___(_m~.L--------I----~ ~ ~ "Bo Slip Schedule Slip A·1 to A-B A·7 to A·a 6 ·1 to 6 ·3 8 '4 to B-8 8 ·9 to 8-10 B··I1 to 8-13 6·14 to 8·17 T-1a & T-1b T-2a & T-2b 16.00' 31.00' Tota l: JT I Doc\{ "A" Dock "8" N a + ~f',at"'i 15 (IN FEET) 30 1 inch = 30 ft. ruu. J.. II\ P.E . Ji.ot~''A I "''''1.. ·'-' · 'A')III ' --=~~ 543 H!rbo r Bo ulevard, SultB 204 SLIP COUNT & SCHEDULE Florldl P. E. Numbllr 69932 til 1I~--U..ri-( DeaU n, Flodda 32541 D03tin West M~/1na Dplo: Septenlber 15, 20()9 iii Ccnlll:<>U,n 01 MU,o,tz,'bo ~OIbor 0162 1 - - - - - - - - - - . - - - - - - - - 1 Shooll1cv 0.10: Aug iii -.- -II . 8 50.6~. 1 S5S !\G).J6) . 650.654.0550 :-.:.) us( 13 . 2010 mrd associa tes, inc. ""I.w.nlid.o .. oclolc"'''01 Dutln Wul Mtil ln..ll LLC. j -r 'ADJeCT IlIW'CI. 1500 Mllocb Sill> P., .... YSE, r"" YY,K •• ~cll . FbiI:I' . llS4ll ' !lteT MUIot OtR 09·103.6 I '16 C:ILn/ld Projec/sIMRDI09·103.o Des/In West Mermeld,ygl20 /0·08· 1J P6ITllI/ S6"RIA/IJ)09··/03.o.(/I1'g Packet Pg. 528  JACKSONVILLE DISTRICT CORPS OF ENGINEERS PENSACOLA REGULATORY OFFICE 41 NORTH JEFFERSON STREET, SUITE 301 PENSACOLA, FL 32502 REPLY TO ATTENTION OF Regulatory Division June 8,2011 North Permits Branch SAJ-2002-2330 (IP-MBH) MODIFICATION #2 Destin West Marina, LLC clo Fred E. Tolbert, III 1500 Miracle Strip Parkway SE Fort Walton Beach, FL 32548 Dear Mr. Tolbert: The U.S. Army Corps of Engineers has completed the review and evaluation of your modification request received May 16, 2011 , in which you asked to revise the plans authorized by Department of the Army permit number SAJ-2002-2330, for the construction of a commercial marina consisting of 89 permanent slips and 10 to 13 transient slips, for temporary mooring, with two breakwater structures located on the east and north portions of the facility, and two sewage pumpout facilities, dated July 10, 2006. The Corps issued a modification to the permit on November 5,2009. The modification revised the project to the construction of a multi-family dock consisting of 25 permanent slips, 56 mooring pilings, two transient slips, a 326' wave fence installed around the boatslips on the north portion of the facility, and two sewage pumpout facilities . The project is located on the north side of Highway 98 between Seagull Restaurant and Hermitage Crossing in Fort Walton Beach, Section 00, Township 2 South, Range 24 West, Okaloosa County, Florida. The proposed modification is for the construction of a multi-family dock consisting of 25 permanent slips, 56 mooring pilings, four transient slips, a 6' by 4' stairway attached to an existing seawall , and a 322' wave fence installed around the boatslips on the north portion of the facility. In addition, the proposed modification is to extend the expiration date to complete your proposed project. The modification must be completed in accordance with the 12 enclosed construction drawings, and the special conditions, which are incorporated in, and made a part of the permit. Special Conditions: 1. All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Pensacola Regulatory Office, Enforcement Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502 . The Permittee shall reference this permit number, SAJ-2002-2330 (IP-MBH), on all submittals. 2. Within 10 days from the date of initiating the authorized work, the Permittee shall provide to the Corps a written notification of the date of commencement of work authorized by this permit. 3. Immediately upon completion of the activity authorized, the Permittee shall complete the attached "Self-Certification Statement of Compliance" form and submit the form to the Corps. In the event that the completed work deviates, in any manner, from the authorized work, the Packet Pg. 529 , , -2- Permittee shall describe, on the Self-Certification Form, the deviations between the work authorized by the permit and the work as constructed. Please note that the description of any deviations on the Self-Certification Form does not constitute approval of any deviations by the Corps. 4. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. The Permittee shall follow the enclosed standard manatee construction precautions and manatee special conditions. a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The Permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees can not become entangled , shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) for south Florida. Packet Pg. 530 , ' " -3- 6. Best management practices shall be used at all times during the permitted activities to minimize turbidity. Methods for controlling turbidity shall include, but not be limited to the use of floating turbidity curtains. Prior to initiating the permitted activity, floating turbidity curtains shall encircle the permit area and shall be maintained for the duration of the permitted activities. 7. No building or fill materials, tools or other equipment shall be stockpiled within waters of the United States. 8. All contractors involved in this permitted activity shall be provided copies of this permit in its entirety. A copy shall remain on site at all times during construction. This letter contains an approved jurisdictional determination for your subject site. If you object to this determination/decision, you may request an administrative appeal under Corps' regulations at 33 CFR Part 331 . Enclosed you will find a Notification of Appeal Process fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination/decision, you must submit a completed RFA form to the South Atlantic Division Office at the following address: Mr. Jason Steele South Atlantic Division U.S. Army Corps of Engineers CESAD-CM-CO-R, Room 9M15 60 Forsyth St., SW. Atlanta, Georgia 30303-8801 . Mr. Steele can be reached by telephone number at 404-562-5137, or by facsimile at 404-562- 5138. . In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete , that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division office within 60 days of the date of the RFA. Should you decide to submit an RFA form, it must be received at the above address by August 7, 2011. It is not necessary to submit an RFA form to the Division office, if you do not object to the determination/decision in this letter. The impact of your proposal on navigation and the environment have been reviewed and found to be insignificant. The permit is hereby modified in accordance with your request, and the permit is hereby extended for an additional one year. Therefore, all work should be completed on or before July 10, 2012. You should attach this letter to the permit. All other conditions of the permit remain in full force and effect. If you have any questions concerning permit modification, please contact the project manager, Mary Hartshorn, at the letterhead address, by telephone at 850-433-3510 or by electronic mail at mary.b.hartshorn@usace.army.mil. Packet Pg. 531 · ' -4- Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit the following link and complete our automated Customer Service Survey: http://per2.nwp.usace.army.millsurvey.html. Your input is appreciated - favorable or otherwise. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ~~-.:~ / } / Alfred A. Pantano, Jr. {7 Colonel, U.S. Army District Commander Enclosure: Permit Drawings Request for Appeals form Copy/ies Furnished: MRD Associates, Inc. CESAJ-RD-PE Packet Pg. 532  INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: ffyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. ff you received a Letter ofPermission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: ffyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. ff you received a Letter ofPermission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the pelmit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. Packet Pg. 533  '$EG1JGN II -REQU!ES:;r FOIt'MP:EJA't;5rbB1EGI~bNS ,To:Aiji;~Tw., PROFFERED PERMlt~ ",,:.a;~\~I;'k"0 ~¥#' )~i~I:f;;" REASONS FOR APPEAL OR OBJECTIONS : (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POIN;C OF ,CONTAC'f;'F6R QUESU9NS OR INl1'ORMj\TlON":.~;';~/: ,'~",~" ~j':, ,},~,,1;""';rti.i;:$~t~;,. ",' ':'~~'T " If you have questions regarding this decision andlor the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: _ Mary Hartshorn Jason Steele 850-433-3510 404-562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. Packet Pg. 534  Cho whatchee 20- PALM COURT YACHT CLUB 21 - WATERW/iy 22- VERANDA : 23- TURTLE ~LK 24- TIKI BEACIjI 25- ISLAND G~RDENS 26- LA CASITA; 27- SANTA RD~A 28- SUNTIDE ; 29- SUMMER PLACE 30- DESTIN W~ST GULFSIDE VILLAS 31 - GRAND B~Y 32- DOLPHIN IiIUN i 33- 0KALOOSAISLAND 34- _ - -- .BLUEFISH ......... ......... Gulf of Me:Xico Applicant: Destin West Marina, LLC File: SAJ-2002-02330 CIP-MBH) Date: 8 June 2011 Page __1_ of -.lL Packet Pg. 535  @ Nun-16 North Edge of Federal Navigational Channel ---.Centerline of FedJMal Navigational Chan.......,n""ec..I_ __ -- South Edge of Federal Navigational Channel r-(J-- N: 515,475.2 N: 515,442.1 Can-15 100' Setback from Channel E: 1,310,564.6 E: 1,311,050.1@ I I 1 1 1 1 25' ---I I - ----i 1.........-- 25' ii ---~ --if- -15' 1 -·'·' ... '" _ J ~ . II - -. · 16' I I I ~ .~I 1 1 :.:::i !/I ~ .9- 1 a:: 1 1 :! 1 ex:: 11 ~ 11 11 -16'-· ~ --,I 1 r · - . -- " .." '" . . ". --, _J -- . IlJ _. _._- 16' _14 -1 ', ' .-_ h""_ 1__ - - _. _.-' _/../ ' r , ". -.- ~__ ~ ' . . .-. _'. 1 /.··:-:= ../ __./,,_ L1__ -- ~42: .r_ .---- 2 ! '" .~-- '-1 .·-~- 10· ; -10'- _ - ' - .... .- /" - '" .r- _. -. -- - _8" / J~:, ~:::::- ::r 'c, :: ~ ~ ~ --.,- ..... -. - '.- --=--. -:: J--~~' . . . . ::.- - -- --- --8' -6) } -4 /1 -2'r ~ r1 oJ .... · ., , . / / . Shallow Water J\- / - . L .- : Ii / I - N I I Existing Bulkhead ~rl I' + .~/.~ --"' 0' " - .. . , '... ..-, Mean High Water Located At Bulkhead .f . +0.6' NAVD88 (643.69 If) o 100 200 '- \ 1 t1 1 0' - ~..-J I (IN FEET) 1 inch = 200 ft. Rita Jasin , P .E. Applicant: Destin West Marina, LLC EXISTING CONDITIONS Florida P.E. Number 69932 Destin West Marina Date: S eptember 3. 2009 File: SAJ-2002-02330 (IP-MBH) - - - - - - - - - - - - - t Sheet Rev Date: August 10,2010 Date: 8 June 2011 Destin West Marina, LLC. PROJ ECT NUMBER SHEET NUMBER Page _2_ of ---R. Strip Parkway SE. Fort W alton Beach, Florida, 32548 09-103.6 2 Packet Pg. 536  Mean High Water Located At Bulkhead +0.6' NAVD881643.69If) a 50 LIyJ (IN FEET) 1 inch = 100 A1h " . Rita Jasin . P .E. , !<\pplicant: Destin West Marina, LLC ED SITE PLAN WITH AERIAL Flonda P.E. Number 69932 ~~ · SAl-2001-02330 (IP-MBR) Destin West Marina r Date: September 15. 2009 -------------~ Sheet Rev Date: August 10. 2010 Date: 8 June 2011 Destin West Marina , LLC . 3 _ of --.lL PROJECT MJMBER SHEET NUMBER . Page __ rp Parkway SE. Fort Walton Beach . Florida. 32548 09-103.6 3a ,1/3) 09.103.6.dwg Packet Pg. 537  816' To South Edge Of Federal Navigational Channel Proposed Fixed Dock wI Wave Fence. _16' _14' , _ -4 ' I I I / I I t2 I 587' ' :._- i I ,, I ,, I ..:.::\ \ 0.> 0' .~ rol...J :9 1\ C o.>lro (/) I ' c _ I ro Mean High Water ~I .9- 10:: Located At Bulkhead I I +0.6' NAVD88 (643.69 If) I I I I . / "-'- -. -.. -,./ 0' - I I I I CI.> I:§ Proposed 10' Wide ,I I Conservation o 50 100 Ie Easement I ~~~.·~J~~I 8. (IN FEET) IE 1 inch = 100 ft. a.. IL Existing Bulkhead ________________ A .....I -.. _ Rita Jasin, P.E. Applicant: Destin West Marina, LLC 'ROPOSED SITE PLAN Florida P .E. Nu mber 69932 Destin West Marina Date: September 15.2009 File: SAJ-2002-02330 (IF-MBR) _ _ _ _ _ _ _ _ _ _ _ _-1 Sheet Rev Date: Au gust 13, 2010 Date: 8 June 2011 Destin West Marina, LLC . PROJECT HUMBER SHEET HUMBER Page __ 4 _ of ...lL ;trip Parkway SE, Fort Walton Beach, ROOda, 32548 09-103,6 3b Packet Pg. 538  '"Ot::J"rj ...... R PERMIT REVIEW ~ ~ ::.:>6" ~ ft~"C .. . . . 00 [{; o' '-<,-<§ IH)o u.§t!Jr7 ~II Ct>0t::J o tv 0 Ct> tv en :::~S' N ~:E J oCt> en .~ fa~ , !:l .e-~ rr: SS· :r:~ 1 Shaflow Water ~ (j I (1) c: S71°29'35-E 55.19' :.:J I c: ~ 't: N81°58'13"E 13.97' [ 0:: N51°13'23·E 21.18' ....t--.....;;:::.. 1 Existing Bulkhead :~ ~ ~I ~i ~~ ~. Proposed Stairs ~ "::: ° ~ 0) Mean High Wat r Located At Bulkhead ~ +0.6' NAVD88 ( 3.69 If) ':1 .1 1 Q .~I S81°SS'13·W 19.07' '-. -l ...~ ~I ? ~I ~~. N'l1 °29 '35·W 45.79' a +f 40 J 80 S09°23'53·W 28.04' S80031;'07-E 10.00' Proposed 10' Wide Conservation Easement 1(1) c::: I:.:J ~ ~ S04°0B'03·W 10.38' ~ ~ 'lS :f ;::, !~ ::5 '-."; ,.., e a. ::~', .,... ~ L 1 inch ~O t . 6; J% r miltI 543 ""bo, 80,1 .."" S,II. 204 Destin, Florida 32541 Certification of Authorization Number 9482 EXISTING BULKHEAD & PROPOSED EASEMENT Destin West Marina Rita Jasin, P .E. ,.,.. ,.,. , ••••••" Date: July 12, 2010 Sheet Rev Date: August 10, 2010 £~. ; : . . • . 850.654 .1555 (""k:e) . 850 .654.0550 (lax) Destin West Marina. LLC . PROJECT NUMBER Packet Pg. 539 3c I SHEET NUMBER '" .-, mrd aSSOclates, me. CcftSllli. M.uilllllt Wilier R\..~\U\'es 1:.n~lnl'Ulflg www.mrd"ilssociates .com 1500 MirBcle Strip Parkway SE. FOri Wal ton Beach , Florida, 32548 09-103.6  _ ____4' j _______ Matchlin,,---A-A~ Matchline A-A' _ '\ _ -C,=-:" -~ -=- -:_ ; -6' I I t~~~~~(~ _ 1_." __. \ /1 I "" ~- - -. I 1 f t _·4' ,. "'" _1-- / I / I I "-2' (\ \ Proposed Fixed Dock I I \. I I \.. '-- ~J I I I I \ 1- ,_ -J --2" _'_-J Proposed Hand Rails .-~ .- -- (Total Combined Length: 1,157 If) I I I I 465' To South I Edge Of Dock 6'Wide : I "8" Access Pier (Typ.) Shallow Water i' \I ~ I~ -0 Mean High Water len l)) ::!. I~ Q) Located At Bulkhead +0.6' NAVD88 (643,69 If) I~;l'\ I~ S' I ICD " Proposed I ~ '-- -0' ~, Stairs ~-- ~-- .- I --, " 25' " " ." \ ~ ~5 ~~~.~.~.~~~~~ 50, Conservation Proposed 10' Wide Easement (IN FEET) Existing Bulkhead 1 inch = 50 ft. \ Rita Jasin , P .E. 'POSED DIMENSIONS SOUTH Flori da P.E. Numb ... 69932 Applicant: Destin West Marina, LLC Destin West Marina Date. September 15, 2009 File: SAJ-2002-02330 CIP-MBH) - - - - - - - - - - - - - - - 1 Sheet Rev Date. August 10,2010 Desti n West Marina, LLC . Date: 8 June 2011 PROJECT NUMBER S HEET NUMBER ! Strip Parkway SE, Fort Walton Beach, Florida, 32548 09-103,6 4 Page _6_ of -..lL 1;'!Atl:·;: Of) 1:'\3 r; ilW~J Packet Pg. 540 .. I : t I 816' To South Edge Of Federal Proposed Timber Proposed Wave Proposed Navigational Mooring Pile Fence (322If) Fixed Dock Channel --~--------------4.--~~25'--- l' I I I I I • .... .... Dock a.! a.! "An 38' . w ~ (0) - C? ' -16' . _ - - - . -. • .1 .1 • .1 ....\ .... .... ~ .... .... ~ ..... .... u:! \ ~ u:! u:! u:! u:! ~ ~ _ - -16' -- - -14' _ _ _ _ _ 48.3' \ I .... ....w .... ..... / - -- --. I ~ ~ --. ~ ~ ~ ~ ~/~ ~ 122.3' ~ u:! u.! . u:! u:! I -- -- ~]~ / ~ - / • .--- .--- ~T.--- .~ / - ~T ' -12' ·- _ _ .--- .--- .w C? .--- --- -ti /" . ..,-- 02 I '\ .... / \ ~ .--- • I Dock 62' I - -10' - - "sn I / ~ ..... • .- - -10' _ N - .,.-- .I N -- -8' - ~ .1 --,-- - __ -6'l- ~ ..... ~ ..lr. ...&. ...,., I ~ ~ ~ ~~~ ~~~ ~~~ ~_~~ I N -4'~ I-I--_~_-_-_- "3.7\5' ---p-r-o-p-~-se-d-H-~-n-d-R-a-i-IS------ I 6' - - -- - - --- - '""- -- - -...... ---.-- -- - - -"- . 4' ~ --- I (T~I Combined Length: 1,153 If) 465'Tq I .--- " 6' - - - ' o 15 30 \ I '\. -- - Bulkhe~d _ _ ~atchlin~A~~ _L __ ~ -------- ~-.J (IN FEET) I Matchline A-A' I - - "- 1-1; --- I 1 inch = 30 ft_ I "- I I r , Rita Jasin, P .E. 'OSED DIMENSIONS NORTH Florida P .E. Number 69932 Applicant: Destin West Marina, LLC Destin West Marina Date: September 15, 2009 File: SAJ-2002-02330 CIP-MBH) Sheet Rev Date: August 13, 2010 Date: 8 June 2011 Destin West Marina, LLC . PROJECT NUMBER SHEET NUMBER itrip Parkway SE. Fort Walton Beach, Florida, 32548 09-103.6 5 Page ___ 7_ of -.lL IAt!.1) 09-103tJdwq Packet Pg. 541  . '"O\:j'":r1"'- NSTRUCTION. ~ ~ =:-d" (1) (1) !1! "d .. ....... I ~ (=). 00 '-,-§ Proposed 10' Wide Conservation Easement S!:IS!: oost!.J rf Io (1)0\:j NO (1) ....,ONen :::i3S' )- _._w. - - -.- __ , ; 1; MLW+O.1' jN ~~ 0(1) en )- )- ,~ M / / I NAVD88 \• ~~ A 5 , ej ) t-- - I--- - - - I- -1- - . Ser 5-= J I- - ---4j - - ::r:~ b () )- 5- )- 5- ::l o Proposed Timber Dock Pile 25 50 75 100 125 150 Embedment Depth Varies 175 200 225 250 275 EXistin1 Grade 300 J7 '325 350 ::..~ , Jth Distance From Centerline Of existing Bulkhead (feet) .~: .:.c CROSS SECTION A-A' SCALE : 1" =40' .:;:: Q ~, VlHW +0 .6' S!: IS!: 't!:; «: til til Proposed Proposed i. NAVD88 nln "::J"::J Hand Rail Proposed Tubidity 8·8' A' Fixed Dock m a5 I - ~ -o· .~ MLW +0.1' , , ----- . 0- 20 ,/ ~ ;- »1» / NAVD88 I I '\ r- 15 r- 10 l- 5 :::J Q ", Q ~ I-- - - I- -1- - - --tl - - - - --- -- - - 1--- -- -- --- --- I- o5 -Z o J7 :10 ~ " t-- fi. - - r--- --- -' -'- r- -20 -15 C ~ ;~ EXistinJ Grade Proposed Timber Dock Pile Embedment Depth Varies I- -25 • .~ -30 cr ~ 250 275 300 325 350 375 400 425 450 475 500 525 550 575 600 -!a. S :..~ 'b .2;: '" Distance From Centerline Of existing Bulkhead (feet) North ~ :l) '0 ~~ ~. CROSS SECTION A-A' (continued) 0:.: ;,:;; Q SCALE : 1" = 40' n: ~ .,.,"n ii'. ~ 543 ""bo, Boo,."" , So," 20' Rita Jasin, P.E. CROSS SECTION A-A' Florida P.E . Number 69932 J. Destin, Florida 32541 Destin West Marina Date: Septermer 15, 2009 Q Certification of Aulhorizalion Number 9482 -. mrd aSSOCIates, me. . . 850 .654 .1555 (""ke) . 850.654 .0550 (f..) Destin West Marina , LLC . SHEET NUMBER ~ www.mrd-associales .com 1500 Miracle Strip Parkway SE. Fort Walton Beach. Florida, 32548 Packet Pg. 542 6 ,:~ [,'11:.1111. M,U:ilft & WIltt.r Ihsvun:cs Fn&illlcinS  THESE DRAWINGS ARE FOR PERMIT REVIEW ONLY AND NOT FOR CONSTRUCTI0-ti.; ~e;,21~ C1C/ ~ ••en '0 : ........ ~~ . CD (1) ...- I\O~~tj o N ~ ~ m 8 Proposed Tubldlty Screen Proposed Fixed Dock Elev: +4.5' Proposed Hand Rail (42" High) A-A' tII ~ ~. 8' m ~o· 201510 ~. ~ .......,0 I ~ ~ S ~. 20 l ::a ...a: _ 5 .N. . W:!E Wen 0", :::J MHW +0.6', NAVD88 .... I l' L.!.-!5- ICD :::J 15 o· 10 5_ :::J , el z 0 --=- I 0 z ~ S· ~ -1'5 MLW +0.1', NAVD88 I :10 ~ ::r:!>' 0t""" t""" C ~ -20 -15 ---- -7.- -- -- - - I -- 25' -15 C -20 ~ (') ~ ·25 Existing Grade Proposed Timber Dock Pile Embedment Depth Varies Setback -25 ~ -- ~~ ~~ -- (I) 250 225 200 175 150 125 100 75 50 25 0 25 m I \' West Distance From Eastern Riparian Line (feet) East ~ CROSS SECTION 8-8' ,:; SCALE : 1" = 40' ~ . .~. s ~ ~ ~ a: " '" ~~ ~=? ,~- '" ~'" ~:r $ ". " 'l: 8 '" "'1 .~ <z.: isQ:: ~ -:i: '~."' I ~ 543 ""bo, Boul""d, Suit.204 CROSS SECTION B-B' Rita Jasin, P .E. Florida P.E. Number 69932 d: Destin, Florida 32541 Destin West Marina Dale: Seplerrber 15. 2009 a,..., Certification of Auillorization Nurrber 9482 Sheet Rev Date: June 7. 2010 .>~ mrd aSSOCIates, IDC. . . 850 .654 .1555 (voice) . 850 .654 .0550 ("X) www.mrd-associa les.com Desti n West Marina. LLC . 1500 Miracle Sirip Parkway SE. Fori Wallon Beach . Florida. 32548 P RO JECT ~MgeR Packet 09-103.6 T Pg. 543SH EET 7NUMBER Q u "- ConS'l3i. Mom",. & 1.1,'• ..,. RuooUI,;t:s l:"J!il'll.ui.n8  I 816' To South t Edge Of Federal Proposed Fixed Dock Proposed Wave Fence (322 If) Navigational Channel • • • • Dock "A" • • • • -16' . • • • • • • ....... \ \ - -16' - I - -14' _ I ------ -- ! 122.3' I --- I ~]~ ./ • I .-~ " ,- /' / i /' ~~ • / . • --- . I ./ --12' - _ _ -~ /---- \ v' • --- / • I \ I Dock l - -10' - - "B" I - -10' _ "'\ l.. -_. -- --... - . - -8' -- -- - ./ I, - - - - ---<I - _. . _. _ ~ • r- :- -- ~ - ./ • --8' - -- - - - - - ~ - --. - . - ---- -- ~J • - ~ ·-6' - N - - - - - - - - _.-_ prOJ>OS:d Ti:ber~O~ng Pile . -4' - L -------- "" \ Proposed Handrails o T 15 30 & LEGEND: Proposed Lighthouse Power Pedestal I- -- - 465' Tf> I -4' ~ -- I Bulkhefld ~.-J I ~ Proposed Safety Ladder (IN FEET) 1 inch = 30 ft. \ \ I I t/ I Rita Jasin , P .E. :>ROPOSED UTILITIES Florida P.E. Numb ... 69932 Applicant: Destin West Marina, LLC Destin West Marina Date: September 15, 2009 File: SAJ-2002-02330 (IP-MBH) Sheet Rev Date : August 13. 2010 Date: 8 June 2011 Destin West Marina, LLC . PROJECT NUMBER SHEET NUMBER trip Parkw ay SE, Fort Walton Beach , F1ooda, 32548 09-103.6 8 Page _1_0_of--1L Packet Pg. 544  THESE DRAWINGS AR . ERMIT REVIEW ONLY AND NOT FOR CONSTRUCTION. r- 6' 4' -I 42" V Proposed Fixed Timber Dock Elev: +4.5' - r-- I I I I I I I I I I 3.9'To MLW 4.4'To Proposed MLW Timber MHW +0.6' Dock Pile ... NAVD 1988 MLW +0.1' - NAVD 1988 ... - -'-vA-~ -~~ Bottom Elevation Varies I ~-3lT1 rYE: Ih-r.,.,.,.+'-'-_.~ 1TfTTt=-~,.;: Pile Embedment Varies TYPICAL FIXED DOCK SECTION SCALE: 1" = 2' , Rita Jasin, P .E. 'ICAl FIXED DOCK SECTION Florida P.E. Number 69932 Applicant: Destin West Marina, LLC Destin West Marina Date: September 15. 2009 File: SAJ-2002-02330 CIP-MBH) Sheet Rev Date: July 13, 2010 Date: 8 June 2011 Destin West Marina, LLC . PROJ ECT NUMBER SHEET NUMBER Strip Parkway SE, Fort Walton Beach . Florida. 32548 Page _1_1_ of -!L 09-103.6 12 Packet Pg. 545  B-1 B-2 B-3 B-4 B~ B-6 B-7 8-8 Dock "B" B.g B-10 B-11 B-12 o + t.-.-J 15 (IN FEET) 30 I 1 inch = 30 ft. , Rita Jasin, P .E. JP COUNT & SCHEDULE Flori da P.E. Numb er 69932 Applicant: Destin West Marina, LLC Destin West Marina Date: September 15. 2009 File: SAJ-2002-02330 (IP-MBR) - - - - - - - - -------1 Sheet Rev Dale: Augusl13, 201 0 Date: 8 June 2011 Destin West Marina, LLC. PROJECT NUMBER SHEET NUMBER Page ~ of ---1L itrip Parkway SE, Fort Walton Beach , Rorida, 32548 09-103.6 16 tAft.1} 0O-1(31).chv9 Packet Pg. 546  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Final Payment Contract C10-1813-TDC Taylor Engineering, Inc. DEPARTMENT: Tourist Development Department BCC DISTRICT: ALL STATEMENT OF ISSUE: Request final payment for contract C10-1813-TDC, Taylor Engineering, Inc. In the amount of $2,088.00. (Task Orders 3,15, and 18). Also included in the final payment is a credit memo for Task Order 16. BACKGROUND: Pursuant to previous BOCC action, this contract was amended with a revised expiration date concurrent with the completion of Task Orders 3,15,18,20 and 21. Task Orders 20 and 21 have already been completed. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve final payment on contract C10-1813-TDC. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 547 Packet Pg. 548 Packet Pg. 549 Packet Pg. 550 Packet Pg. 551 Packet Pg. 552 Packet Pg. 553 Packet Pg. 554 Packet Pg. 555 Packet Pg. 556 Packet Pg. 557 Packet Pg. 558 Packet Pg. 559 Packet Pg. 560  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing Request - Okaloosa Island MSBU Additional Street Light DEPARTMENT: Public Works BCC DISTRICT: STATEMENT OF ISSUE: Request to schedule a public hearing on February 18, 2014 to receive input regarding the addition of a street light at 614 Pelican Dr., Ft. Walton Beach, within the Okaloosa Island Municipal Services Benefit Unit (MSBU). BACKGROUND: A request for an additional street light was made by Ann Forrest who resides at 614 Pelican Dr. to the Okaloosa Island MSBU Committee. The request was presented, discussed, and approved by the Okaloosa Island Leaseholders Association at a meeting held November 11, 2013. Due to existing Gulf Power infrastructure at the requested site there are no installation fees. The monthly fee of $6.04 will be absorbed by the MSBU and no additional assessment will be required. A public hearing is being requested to allow interested parties to voice any comments or concerns. OPTIONS: Approve/Disapprove the public hearing. RECOMMENDATIONS: Approve a public hearing to be held on February 18, 2014 to receive comments concerning the installation of an additional street light at 614 Pelican Dr. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 561  10-7-13 To: Okaloosa Island Leaseholders Association and Okaloosa Island MSBU Board of Directors I am writing this letter to request a street light on Pelican Drive between 613 and 614 Pelican Drive. There is already a power pole there. Two numbers are on the pole and I do not know which is the actual Pole Number, so I am including both. 33225 51476 and a small metal tab with P 172776. This is a Very Dark corner as the closest light to the west is 160 feet away. The closest light to the east is at least 400 feet around a curve on a cul de sac. (that is 5 lots away). There are 4 permanently occupied houses in this area with one only seasonally occupied. There are 3 widows living here and it is very dark We would appreciate more light – especially with the influx of coyotes!!! Please forward this request to Gulf Power and permit an installation under the MSBU. Ann Forrester 614 Pelican Drive Ft. Walton Beach, Florida 32548 Packet Pg. 562 Packet Pg. 563 OKALOOSA ISLAND LEASEHOLDERS ASSOCIATION MINUTES BOARD MEETING: November 11, 2013 LOCATION: Okaloosa Island Fire Station Meeting Room I. CALL TO ORDER: The meeting was called to order at 7:03 pm by President Paula Hudson. Commissioner Dave Parisot led the Pledge of Allegiance. Thirty-five (35) people attended, twenty-seven (27) people signed the attendance sheet. (Attachment 1) II. ROLL: Board members present were Paula Hudson, Desley Parker, Jim Simpson, Kathy Foster, Trisha LaBahn and Vince Bruner. III. ANNOUNCEMENTS: President Paula Hudson welcomed all those present and requested all speakers state their name, address and if they were members of the Leaseholders Association. IV. GUEST SPEAKERS: Dave Parisot /Okaloosa Co. Commissioner –District 2 Topics discussed were as follows: - Flooding on Santa Rosa Blvd.(SRB): The earlier work being done along SRB was interrupted due to work required in other parts of the county. Work is expected to begin again in the coming months. The County is expected to work with property owners and condo associations to complete the swales along SRB. - Block 14: Mr. Parisot unveiled the most recent proposed rendition of Block 14 by Genesis. An addition of expanded parking was pictured encroaching upon the natural area. Mr. Parisot and those present felt that the additional parking, which includes approximately forty (40) parking spaces, would adversely affect the wildlife. Commissioner Parisot planned to vote against the proposed additional parking at the next BOC meeting on November 19. Commissioner Parisot has heard that the creation of a Veterans Monument had also been suggested. Given the number of Veterans Monuments that already exist in the area, it would be nice to keep the area in a more natural state. IE: A Serenity Park, a place to enjoy the wildlife and gather your thoughts. The park would be dedicated to the Veterans of Okaloosa County. - Marler Park Boat Ramp: Three boat ramps are on site. When the project is completed, there will be twenty (20) additional parking spaces with 24 hour access allowed for the boat ramps. Due to design issues, the additional parking will be near the Convention Center, but will tie in to the boat ramp area. Access to the main area of the park will remain restricted to daylight hours only. - Wildlife Refuge Center: Commissioner Parisot met with Matt McGhee and Steve Christopher last week about moving a registered historical building on to the Block 14 location of the Emerald Coast Wildlife Refuge Center. The building would need to be brought up to code and approved and/or permitted by the Okaloosa Island Architectural Committee, the County Commissioners, the Florida EPA and the Army Corp of Engineers, etc. Dave Parisot wanted to assure those present that a situation like the Summer House in Navarre would “not” happen. Matt McGhee said the Center was in the early stages of planning for the move and would only proceed if the move was feasible Packet Pg. 564  and all state and federal requirements could be met. Mr. McGhee noted that the building has 4500 square feet and would be a great asset to the Emerald Coast Wildlife Refuge Center. In closing, Dave Parisot wanted Island residents to know that he will do everything in his power to keep the promises made to residents and the Audubon Society when the leases were signed for Block 14. Some of the questions asked of Commissioner Parisot were: When was the additional parking added to the plan? Which County Commissioners support the additional parking? Was the 1961 Park Dedication plan being followed? Was it legally binding? As to the covenants for Okaloosa Island, was the space being used as stipulated? Per Commissioner Parisot, he was unable to answer some of the questions because of Sunshine Laws. He did say that he thought there should be discussion about the expanded parking at the Board of Commissioners Meeting. Kathy Foster expressed concern that the once beautiful 50 acres that make up Block 14 were being picked apart by different entities. Some were concerned about the wetlands and the amount of paved area in the park and the impact on the wildlife. Commissioner Parisot ended his presentation with additional information about the feral cats that had been living at Marler Park. The cats have being trapped and relocated. He also reminded those present about the cost sharing with the new hotel being built on the Military land on Hwy 98 for a new and larger lift station. V. MINUTES: Mike Mitchell made the motion to accept the October minutes as printed in the November issue of the OIL Lantern. The motion was seconded by Trisha LaBahn. The minutes were accepted and filed. (Attachment 2 – page 3) VI. TREASURER’S REPORT: Jim Simpson gave the report (attachment 3) Assoc. Discretionary Fund Balance $ 31,640.82 Beautification Fund Balance $ 1,615.68 Total Funds Balance as of Nov. 11, 2013 $ 33,256.50 (These figures are a summary only. Attachment 3 contains the full report.) Mr. Simpson, who is also the Newsletter Editor, requested reimbursement for the purchase of stamps to mail the October 2013 of the OIL Lantern. Total reimbursement requested was $19.32. Kathy Foster made the motion to accept the Treasurer’s report and to approve the requested reimbursement. The motion was seconded by Mike Mitchell. The motion was unanimously approved. Per Jim, 230 members have renewed their OILA memberships to date. . VII. COMMITTEE REPORTS: A. Architectural Committee: The report is in the November issue of the OIL Lantern. (Attachment 2 - page 2) B. Beautification Committee: Kathy Foster: Pine straw has been added to the base of the palm trees in the medians. The expense is being shared with the Island Garden Club. Joan Bomar, Connie Herring and Kathy Foster worked in the Island Welcome Triangle over several days. A bid request has gone out to work on the first median. The century plant in front of the Azure has been removed. Per President Hudson, the committee is still working with property owners to improve and clean their properties. The property owner on Dorado with the concrete pedestal foundation is working with the committee and wants to remove it. He does plan on building on the lot in the future. He has given permission to trim the palm trees that are hanging over the street. Mr. Street on Sailfish is making progress on his property. The committee is Packet Pg. 565 hopeful that the property owner on Tropic will remove the yard debris on her property. Contact President Hudson with any property covenant concerns. A copy of the Island covenants can be viewed on the OILA website. We should all be proud of how “Our Island “ looks. C. Membership Liaison: Jim Simpson: 264 members. (Attachment 3) D. Website: Bob Seitz: No activity. E. Boat Basin: Cathy Taylor/Treasurer: No activity/the boat basin report will be next month. F. Street Lighting MSBU: Maryl Bednar was unable to attend, but did send her report to Paula Hudson. The report is as follows: - No Financial Report since September 30, 2013. She will request the information from the County for the December meeting. - A letter of request for an additional streetlight on Pelican Drive was requested at the October OILA meeting. The request needs to be sent to the BCC via the liaison, Ms. Allen with Public Works Dept. The BCC has to approve the request and have Gulf Power install the light. -Subcommittee requests addition of a committee member to replace the loss of our good member, Paul Foster. Paul was an original member of this committee. From the beginning, he was the member with the most knowledge of accounting. He worked very hard helping to figure out just how our account was being kept by the County and where there were deficiencies and errors. He was our financial advisor and Mike Mitchell has been our guidance through his actions to establish the MSBU. His knowledge and Paul’s have made this a successful endeavor to make sure the property owners have a better accounting of these funds. -Please report burned out streetlights. The procedure has been printed in the OIL Lantern several times, but very few ever seem to notice or take responsibility. One very loyal resident reports many of the burned out lights, then follows up with Gulf Power. Obtain the exact address and email lightsout@gulfpower.com . Verify the light in not a private property light. The account number is 28920-58618. Advise the employee this is an Okaloosa Island MSBU light. Some of the light poles have an identity number, use that if it helps. (This is a summary only-Attachment 4 contains the complete report) Kathy Foster made the motion to approve a request for an additional streetlight on the east side of Pelican, the motion was seconded by Desley Parker. The motion was approved. VIII. OLD BUSINESS: A. Coyotes: Jim Simpson has been unable to obtain coyote traps. He is waiting for a call back from a professional trapper. IX: NEW BUSINESS: A. Okaloosa Island Image: President Hudson was disturbed by a Spout-Off in the newspaper suggesting that Destin put the new proposed strip club on Okaloosa Island “where it would fit better”. She wanted to know what we could do to better improve the image of Okaloosa Island. After all, no one would suggest putting a strip club on Holiday Isle or in south Walton. Other communities have catchy promotions, why not Okaloosa Island? Dave Miller thought that the County did not do enough in making the Island a more beautiful place and several of those present did not think that Island residents should be doing the work in the medians. Several voiced concerns that the amount of tax revenue taken off of Okaloosa Island did not fairly match the amount the County spends in maintaining the Island. Vince Bruner brought up the idea of having Packet Pg. 566  Okaloosa Island designated as a CRA community. (Community Re-Investment Act) Mr. Bruner felt that Okaloosa Island could qualify and could, once the designation was made, keep more of the tax revenue collected, for use on the Island. A CRA designation could possibly make Federal Grant money available. Per Vince Bruner, the County would still get the tax revenue they get today, but any additional revenue received due to the property values rising, would have to be spent on Okaloosa Island. In his opinion, this may be the only way to get “our fair share” of the tax revenues collected. Many of those present felt there were definitely inequities in what the County was ”spending” on Okaloosa Island and “collecting” on Okaloosa Island. Vince Bruner made the motion to request the Board of County Commissioners recognize Okaloosa Island as a CRA community. Kathy Foster seconded the motion. The motion was approved. B. Speaker in December: Ben Anderson has been invited to speak about taxes. C. New Logo: Desley Parker shared the new area logo. FORT WALTON BEACH– DESTIN- OKALOOSA ISLAND….THE HEART OF THE EMERALD COAST X. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:15 PM. Packet Pg. 567 Packet Pg. 568 Packet Pg. 569 Packet Pg. 570  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Vacate a portion of 2nd Ave in Port Dixie DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Thomas Watkins, Watree Construction and Land Developing, LLC is petitioning the Board of County Commissioners to vacate a portion of 2nd Avenue right-of- way and a portion of the East-West alleyway through Block 2 of the Port Dixie Subdivision in the Shalimar area. BACKGROUND: Watree Construction is petitioning the Board of County Commissioners to vacate a portion of 2nd Avenue and the alleyway adjacent to their property. The vacation request is for the right-of-way adjacent to Lots 15 through 18, Block 2, as platted Townsite of Port Dixie. The requested area for vacation along 2nd Avenue is 20' x 120'. The request area along the unopened alleyway is also 20' x 120', which is the entire width of the alley. Watree Construction is aware that only 1/2 of the alleyway would become their property and the property owners that would receive the other half have no objection to the request. All normal stipulations of vacated rights-of-way will remain in place. See attached photos for reference. OPTIONS: Approve/Disapprove a request for a Public Hearing to vacate said right-of way. RECOMMENDATIONS: Approve the request for a Public Hearing to be scheduled on February 18. 2014 for the right-of-way vacation request from Thomas Watkins of Watree Construction and Land Developing. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 571 Packet Pg. 572 Packet Pg. 573 Packet Pg. 574  1175’ Lot 15 thru 18, Blk. 2 Port Dixie Watree Prop Pipe Crossing at Lake Clyde Packet Pg. 575 Packet Pg. 576 Packet Pg. 577 Packet Pg. 578 Packet Pg. 579 Packet Pg. 580 Packet Pg. 581 Packet Pg. 582 Packet Pg. 583 Packet Pg. 584 Packet Pg. 585  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Florida Boating Improvement Program - Town of Cinco Bayou DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: A request has been received from the Town of Cinco Bayou requesting an allocation of $15,000.00 from the FY14 Florida Boating Improvement funds. The funds are for the Sea Way Street boat launch improvements. BACKGROUND: A request from the Town of Cinco Bayou has been received for the use of Florida Boating Improvement funds for the following repairs to the Sea Way Street boat launch: repair the access to the boat launch with new under-laying and resurfacing, replacement of deteriorating decking on the catwalks as well as expanding its width, and repair boat ramp pads. The Town of Cinco Bayou received $15,000.00 in funds for FY13 (Agreement Number OKBP- 1036). The Town has asked that these funds be rolled over and combined with the requested FY14 funding of $15,000.000 for a total of $30,000.00. The rollover of funding for one (1) year is consistent with County procedures. These funds are paid on a reimbursement basis only. Project Agreement OKBP-1038 for FY14 has been prepared and requires execution by the Board of County Commissioners. The agreement has been approved and executed by the Town Manager, Town Attorney, and Town Clerk of Cinco Bayou. The agreement was routed through the Contract & Lease Internal Coordination process and approved by Purchasing, Risk Management, and the County Attorney. OPTIONS: Approve/Disapprove appropriation of $15,000 in Florida Boating Improvement funds for the Town of Cinco Bayou for FY14. RECOMMENDATIONS: Approve and authorize the Chairman to sign Project Agreement OKBP-1038 in the amount of $15,000.00 for FY14 for the Town of Cinco Bayou. Approve the $15,000.00 funded for FY13 to roll over and be combined with the FY14 funding for a total of $30,000.00. This Project Agreement (OKBP-1038) will expire one year from its execution date. RECOMMENDED BY: Packet Pg. 586 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 587 Packet Pg. 588 Packet Pg. 589 Packet Pg. 590 Packet Pg. 591 Packet Pg. 592 Packet Pg. 593 Packet Pg. 594  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Asphalt Paving Systems, Inc Task Order 1, Contracts 12-1960PW & 12- 1961PW DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Staff is requesting authorization of task orders for the two contracts (C12-1960 and C12-1961) with Asphalt Paving Systems, Inc. BACKGROUND: Asphalt Paving Systems, Inc. is the contractor tasked with providing annual road preservation techniques based upon staff recommendation of treatment types for roads within the maintenance system. On April 16, 2013, the Board of County Commissioners approved the annual lists for pavement preservation and cold mix rehabilitation submitted by Public Works' staff. Execution of a task order for the work was not contemplated as part of the process at that time. In order to pay the vendor for the completed work, staff is requesting authorization of task orders for the two contracts with APS. Both task orders reflect the same scope of work (streets treated) as approved by the BCC on April 16, 2013. Task Order 1 for contracts C12-1960PW and C12- 1961PW represents the work that has been completed pertaining to the approved road list. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Authorize Purchasing Manager and County Administration to execute after-the-fact task orders for the work previously approved April 16, 2013. Action allows staff to move forward with payment to Asphalt Paving Systems, Inc. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 595 Packet Pg. 596 Packet Pg. 597 Packet Pg. 598 Packet Pg. 599 Packet Pg. 600 Packet Pg. 601 Packet Pg. 602 Packet Pg. 603 Packet Pg. 604 Packet Pg. 605 Packet Pg. 606 Packet Pg. 607 Packet Pg. 608 Packet Pg. 609 Packet Pg. 610 Packet Pg. 611 Packet Pg. 612 Packet Pg. 613 Packet Pg. 614 Packet Pg. 615 Packet Pg. 616 Packet Pg. 617 Packet Pg. 618 Packet Pg. 619 Packet Pg. 620 Packet Pg. 621 Packet Pg. 622 Packet Pg. 623 Packet Pg. 624 Packet Pg. 625 Cold Mix Rehabilitation Double Chip List Fog Seal Chip Seal Seal Overlay Final List $ 0.40 $ 1.87 $ 3.25 $ 5.65 Treatments Double Chip Sq. Road Name From To District Fog Seal Chip Seal Seal Overlay Feet Width Yardage Cost Batten Rd John Nix End 1 100% 100% 1960 20 4356 $ 15,898 Clover St Auburn Rd End 1 100% 100% 1250 20 2778 $ 10,139 Donald Guy Chip Sealed area End 1 100% 3753 21 8757 $ 3,503 Bluebird Ln Swan Av End 1 100% 100% 1970 20 4378 $ 15,979 Gold Finch Way Hibiscus Av Kimp Rd 1 100% 100% 4000 20 8889 $ 20,178 Jonquil St Auburn Rd End 1 100% 100% 1243 20 2762 $ 10,082 Zadie Lane Bethany Drive Audrey Drive 1 100% 100% 1875 21 4375 $ 15,969 Perry Smith Road Hwy 90 End 3N 100% 2600 22 6356 $ 35,922 Robin Auburn Rd End 1 100% 4013 20 8918 $ 50,403 Gilmore Rd Hwy 90 End of CM 3N 100% 100% 2640 20 5867 $ 13,317 Griffith Mill Melton Rd Hwy 4 3N 100% 1584 20 3520 $ 1,408 Liberty Blvd Springtime Ave 3rd 3N 100% 1056 20 2347 $ 939 Total : $ 193,736 $ 193,736 MOB & MOT $ 2,520 District 1 $ 143,410 Total: $ 196,256 District 3 $ 52,846 Packet Pg. 626  Fog Seal Chip Seal Micro-Surfacing Overlay Crack seal Rut fill Final List $ 0.40 $ 1.87 $ 2.25 $ 5.65 $20 $250 Sq. Crack Budget Road Name From To District Fog Seal Chip Seal Micro-Surfacing Overlay Feet Width Yardage seal Cost Rut fill Cost amount Stephens Ln Harrington St New Asphalt 1 100% 1240 23 3169 $ - $ - $ 17,911 Stephens Ln New Asphalt Cul-de-sac 1 100% 1320 23 3373 105 $ 2,091 $ 9,681 Constitution Rd Sky Line Tew Av 1 100% 716 21 1671 52 $ 1,036 $ - $ 1,704 Stamps Ave Monterrey Rd Constitution Rd 1 100% 985 21 2298 71 $ 1,425 $ - $ 2,344 Tew Ave Monterrey Rd Constitution Rd 1 100% 1056 21 2464 76 $ 1,528 $ - $ 2,513 Jessie Medley Rd Poverty Creek Rd Donald Guy 1 100% 100% 2830 23 7232 $ - $ - $ 16,417 Cavalier Dr Hwy 90 End 1 100% 1950 21 4550 $ - $ - $ 1,820 Palmetto Ct Lovegrass Ln Cul-de-sac 1 100% 950 24 2533 $ - $ 14,318 La Porte Rd Airport Rd Cul-de-sac 1 100% 800 22 1956 $ - $ 11,053 Ester Terrace Airport Rd Susan Drive 1 100% 825 22 2017 $ - $ 11,398 Susan Drive Old Bethel Rd End 1 100% 100% 1320 22 3227 $ - $ 7,325 $ - $ - $ - Total Primary: $ 96,485 $ 96,485 MOB & MOT $ 1,551 Total: $ 98,036 Packet Pg. 627  Micro- Fog Seal Surfacing Overlay Crack seal Rut fill Final List $ 0.40 $ 2.25 $ 5.65 $20 $250 Sq. Micro- Yardag Crack Budget Road Name From To District Fog Seal Surfacing Overlay Feet Width e seal Cost Rut fill Cost amount Northview Dr. Eldridge Rd. Forrest Av. 2 100% 604 22 1476 46 $ 920.00 $ - $ 1,511 Gerold St. Mary Ave James Lee Blvd 2 100% 1056 22 2581 240 $ 4,800.00 $ - $ 10,608 Eastview Dr. Eldridge Rd. End of Rd. 2 100% 635 22 1552 48 $ 962.38 $ - $ 1,583 Longwood Drive Malborough Rd North Dr 2 100% 3330 22 8140 252 $ 3,256 Ed Street Mary Ave James Lee Blvd 2 100% 1056 22 2581 80 $ 1,033 Lynn Ave Gerold Street Bob Sikes 2 100% 1056 22 2581 80 $ 1,033 Division St Mary Ave Newport Rd 2 100% 634 22 1550 48 $ 3,487 Taylor Circle South Ave Lesitte Court 2 100% 1584 25 4400 $ 24,869 Davenport Rd Woodham Court Taylor Circle 2 100% 1320 25 3667 $ 20,724 Pamela Ann Dr. Lewis Turner Eldridge Rd. 2 100% 2112 22 5163 160 $ 3,200.00 $ - $ 5,265 Eldridge Rd Lewis Turner End of Rd. 2 5200 400 $ 8,000.00 $ 8,000 Eldridge Rd End of Rd Address 223 2 100% 1300 20 2889 $ 6,500 Total Primary: $ 87,868 $ 87,868 MOB & MOT $ 945 Total: $ 88,813 Packet Pg. 628  Double Chip Micro- Fog Seal Seal Surfacing Overlay Crack seal Rut fill Final List $ 0.40 $ 3.25 $ 2.25 $ 5.65 $20 $250 Treatments Sq. Double Chip Micro- Yardag Crack Road Name From To District Fog Seal Seal Surfacing Overlay Feet Width e seal Cost Rut fill Cost Springtime Ave Bone Creek Rd Liberty Blvd 3N 100% 100% 1235 20 2744 $ - $ 10,017 15th St (Baker) New York Hwy 189 3N 100% 1200 12 1600 $ - $ 9,043 Roosevelt Ave Hwy 4 Georgia Ave 3N 100% 2165 12 2887 89 $ 1,790 $ 16,405 Birmingham St Hwy 4 15th St 3N 100% 845 18 1690 $ - $ 9,552 Washington Ave New York St End 3N 100% 792 20 1760 $ - $ 9,948 Log Lake Rd End of Asphalt Asphalt 3N 100% 3168 20 7040 218 $ 4,365 $ 16,058 Estival St North Beal Ext North Beal Ext 3S 100% 1056 24 2816 87 $ 1,746 $ 8,082 Summer Hills Ln North Beal Ext Cul-de-sac 3S 100% 630 25 1750 54 $ 1,085 $ 5,023 Lee Ave Hwy 4 End 3N 100% 800 20 1778 $ - $ 10,048 Cardinal Roberts Blvd Lark Street 3N 100% 115 20 256 $ 1,444 Total Primary: $ 95,620 $ 95,620 MOT & MOB $ 865 Total: $ 96,485 Packet Pg. 629  Micro- Crack Fog Seal Surfacing Overlay seal Rut fill Final List $ 0.40 $ 2.25 $ 5.65 $20 $250 Distric Micro- Sq. Crack Budget Road Name From To t Fog Seal Surfacing Overlay Feet Width Yardage seal Cost Rut fill Cost amount Crescent Ct. Neptune Dr. All 4 100% 528 22 1291 40 $ 800.00 $ - $ 1,316 Beach Dr. Hy. 98 Tarpon Rd. 4 100% 1250 22 3056 95 $ 1,900.00 $ - $ 3,122 Tarpon Rd Beach Dr. All 4 100% 625 22 1528 47 $ 940.00 $ - $ 1,551 Mariner Ln. Hy. 98 All 4 100% 1340 22 3276 102 $ 2,040.00 $ - $ 3,350 Sandra Dr. Parish Blvd Linda Dr. 4 100% 355 22 868 27 $ 540.00 $ - $ 887 Neptune Dr. Hy 98 All 4 100% 1250 22 3056 95 $ 1,900.00 $ - $ 3,122 Roanoke Ct Carmel Dr. Cul-de-sac 4 100% 655 20 1456 45 $ 900.00 $ - $ 4,175 Drakes Landing Woodlands Park Cr. Woodlands Park 4 100% 375 22 917 28 $ 560.00 $ - $ 2,623 Francis St Hy. 98 Church entrance 4 100% 540 25 1500 47 $ 940.00 $ - $ 4,315 Tangelwood Dr. Tangelwood Cr. Cul-de-sac 4 100% 1900 22 4644 144 $ 2,880.00 $ - $ 4,738 Heartland Drive Patrician Way Remainder 4 100% 2640 22 6453 200 $ 4,000.00 $ - $ 18,520 Patrician Way Green Acres Blvd Heartland Drive 4 100% 634 22 1550 48 $ 960.00 $ - $ 4,447 Bennetts End Bennetts End Cul-de-sac 4 100% 1056 22 2581 80 $ 1,600.00 $ - $ 7,408 China's Cove Green Acres Blvd Cul-de-sac 4 100% 528 23 1349 69 $ 1,380.00 $ - $ 4,416 Joellen Ln Schneider Drive Cul-de-sac 4 100% 528 22 1291 40 $ 800.00 $ - $ 8,095 Jeni Mae Ct Whispering Oaks Ln Cul-de-sac 4 100% 528 22 1291 40 $ 800.00 $ - $ 3,704 Heritage Way Green Acres Blvd Schneider Dr 4 100% 750 25 2083 60 $ 1,200.00 $ 5,888 Heritage Court Heritage Way Cul-de-sac 4 100% 210 25 583 50 $ 1,000.00 $ 2,313 Whispering Oaks Ln Beverly Street Cul-de-sac 4 100% 1600 23 4089 75 $ 1,500.00 $ 10,700 4 0 0 $ - $ - $ - Total Primary: $ 94,689 $ 94,689 MOB & MOT $ 2,363 Total: $ 97,052 Packet Pg. 630  Micro- Surfacing Overlay Crack seal Rut fill Final List $ 2.25 $ 5.65 $20 $250 Sq. Micro- Yarda Crack Budget Road Name From To District Surfacing Overlay Feet Width ge seal Cost Rut fill Cost amount Midland Ct. Blue Pine Ln. Blue Pine Ln. 5 100% 1056 22 2581 80 $ 1,600.43 $ - $ 7,408 Summit Ct. Blue Pine Ln. Blue Pine Ln. 5 100% 1056 22 2581 80 $ 1,600.43 $ - $ 7,408 Ivy Ave 48th St End 5 100% 528 20 1173 $ - $ - $ 6,632 Naussau Dr Antiqua Way Barbados Way 5 100% 1685 24 4493 $ - $ - $ 10,110 Blue Pine Ln Meadowbrook Ct Range Rd 5 100% 1795 25 4986 $ - $ 11,219 Meadowbrook Ct Blue Pine Ln. Blue Pine Ln. 5 100% 1720 25 4778 $ - $ 10,750 Meadowbrook Ct Blue Pine Ln. Blue Pine Ln. 5 100% 1333 25 3703 $ 8,331 Kates Ct Meadowbrook Ct End 5 100% 132 25 367 11 $ 227.33 $ 1,052 Carribean Way Bluewater Blvd Providence Way 5 100% 1030 24 2747 85 $ 1,702.93 $ 7,883 Antiqua Way Bluewater Blvd Woodlands Dr 5 100% 2850 24 7600 236 $ 4,712.00 $ 21,812 Ridge Ln Meadowbrook Ct Blue Pine Ln. 5 100% 345 22 843 26 $ 522.87 $ 2,420 Total Primary: $ 95,026 $ 95,026 MOB & MOT $ 2,856 Total: $ 97,882 Packet Pg. 631  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Final Payment - SKANSKA DEPARTMENT: Facility Maintenance BCC DISTRICT: ALL STATEMENT OF ISSUE: Request approval of the final payment to SKANSKA/Lord on the contract for the construction of the OCCAE. BACKGROUND: The work on the contract with SKANSKA/Lord for the construction of the Okaloosa County Courthouse Annex Extension is complete. All close-out requirements have been met by the contractor. The required final payment notice has been placed in the media as required. RECOMMENDATIONS: Request approval of the final payment in the amount of $37,697 to SKANSKA/Lord on the contract for the construction of the OCCAE. 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Further, letters of interest were accepted from law firms through December 6, 2013 to provide County Attorney services through a contractual approach. On October 15, 2013, the Board appointed a screening committee to review applications and proposals from firms. Screening committee members: County Commissioner Nathan Boyles, County Administrator Ernie Padgett, Human Resources Director Kay Godwin and Okaloosa Bar Association President and local attorney Brad Stewart, first met on December 13, 2013. A total of 26 apparently qualified employment applications were provided to the screening committee for review. In addition, the screening committee was provided with letters of interest and proposals from three responsive firms. On January 10, 2014, members of the screening committee met and identified their top ten applicants. OPTIONS: The screening committee is willing to conduct telephone interviews and identify a short list of applicants for consideration by the Board. RECOMMENDATIONS: Provide direction as desired. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 656  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: 99 Eglin, LTD Lease renewal DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: The leased property at Uptown Station for use by the Okaloosa County Property Appraiser and Tax Collector needs to be renewed. Request Board direction and approval of one year lease renewal for Uptown Station facility for Tax Collector and Property Appraiser. BACKGROUND: This property has been leased by the Okaloosa County Board of County Commissioners since January 2009 and expires on September 30, 2014. The attached letter from Mr. Jay Odom addresses three options for renewal of this lease. Option 1 addresses a one year renewal; Option 2 and 18-month renewal; and Option 3 a three year renewal with a buyout clause. OPTIONS: Approve or Disapprove one year lease extension (Option 1) or other option at Board’s convenience. RECOMMENDATIONS: Staff recommends approval of year lease extension (Option 1). RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 657 Packet Pg. 658 Packet Pg. 659  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: County facilities construction projects DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests consensus from the Okaloosa County Board of County Commissioners on going forward with the three facility construction projects. BACKGROUND: Over the course of several Board meetings, the commissioners have discussed completing the three construction projects shown below. Staff continues to research and develop the details of each project and will proceed with completing each if the consensus of the Board is to do so. - Crestview Courthouse: Staff recommends going forward with renovations to solve the current ADA, space needs and security concerns with the building. Constructed in 1953 and last added to in 1962-63, this facility needs renovation and expansion to serve the needs of its users, as well as to accomplish numerous system upgrades to resolve various short-term fixes over the years with the end result being a fully-functional courthouse. - County Facility at former Shalimar Annex location: Staff recommends demolishing current facility and constructing a new building to house the Property Appraiser, Tax Collector, and BCC departmental offices currently in the Water & Sewer Building, with the intent being to eliminate rent payments. In preparation for this move, the County Administrator continues to work with the judges and expects to receive favorable support by Friday, January 24, 2014. - New Sheriff facility at the Sheriff’s Shalimar administrative campus: Based on Board direction, staff has gone out for bids on a 2-story, 10,000 square foot office building to house the Sheriff’s Investigations with the intent to eliminate currently rented space. RECOMMENDATIONS: Staff requests the Okaloosa County Board of County Commissioners consider the three facility construction projects and reach consensus to commit to completing each. RECOMMENDED BY: Packet Pg. 660 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 661  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 21, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Approval of Fiscal Year 2014 3rd Quarter Calendars DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: In order for Public Hearings, Workshops and Employee Award presentations to be scheduled for the 3rd Quarter of FY 2014, meeting schedules need to be approved and published. BACKGROUND: The attached calendars for 3rd Quarter of FY 2014 (April - June) were prepared by County Administrator’s staff in December 2013. OPTIONS: Approve calendars as presented or direct staff to make changes. RECOMMENDATIONS: Recommend consideration of calendars as presented and direct staff concerning changes or approval. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 662  Board of County Commissioners Meetings & Workshops APRIL 2014 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 30 Mar 31 1 2 3 4 5 BCC Meeting 8:30 a.m., Crestview Courthouse 6 7 8 9 10 11 12 13 14 15 16 17 18 19 BCC Meeting 6:00 p.m. W&S Bldg. Fort Walton Beach 20 21 22 23 24 25 26 May 1 May 2 May 3 27 28 29 30 Packet Pg. 663  Board of County Commissioners Meetings & Workshops MAY 2014 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Apr 27 Apr 28 Apr 29 Apr 30 1 2 3 4 5 6 7 8 9 10 BCC Meeting 6:00 p.m., Crestview Courthouse 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BCC Meeting 8:30 a.m. W&S Bldg. Fort Walton Beach 25 26 27 28 29 30 31 Memorial Day Holiday Packet Pg. 664  Board of County Commissioners Meetings & Workshops JUNE 2014 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 7 BCC Meeting 8:30 a.m., Crestview Courthouse 8 9 10 11 12 13 14 15 16 17 18 19 20 21 BCC Meeting 6:00 p.m. W&S Bldg. Fort Walton Beach 22 23 24 25 26 27 28 July 1 July 2 July 3 July 4 July 5 29 30 Packet Pg. 665