BALDWIN COUNTY COMMISSION MINUTES
DECEMBER 15, 2009
BALDWIN COUNTY ADMINISTRATION BUILDING
BAY MINETTE, ALABAMA

Members present were, Frank Burt, Jr., David E. Bishop, Wayne A. Gruenloh, and Charles F. Gruber, Chairman.

Also present were Michael L. Thompson, County Administrator and J. Scott Barnett, Chief Counsel.

(FB1) – TIMBERCREEK LAND CO., INC.

This amendment extends all expiration dates in the agreement. TimberCreek is also asking that their obligations under the agreement be contingent on their satisfaction with the price ALDOT gives for their property needed for the interchange. Cal Markert, County Engineer, appeared before the Commission and said the County had previous agreements with TimberCreek Land Co., Inc., Cypress Equities and the City of Daphne for funding. During this funding process he realized more time is needed; therefore he is asking the Commission to extend the date with TimberCreek.

MOTION BY COMMISSIONER BISHOP, SECONDED BY COMMISSIONER BURT, TO APPROVE AN AMENDMENT TO THE AGREEMENT BETWEEN BALDWIN COUNTY AND TIMBERCREEK LAND CO., INC. FOR FUNDING OF THE I-10 SERVICE ROAD FROM ALABAMA HIGHWAY 181 TO U.S. HIGHWAY 98 EFFECTIVE UPON FULL EXECUTION AND TERMINATING UPON COMPLETION OF THE PROJECT.

Commissioner Gruenloh asked Mr. Markert what was the new extended date?

Mr. Markert responded said the new date for the project to be let to construction is August 1, 2010.

UNANIMOUS.

(FB2 - REPLACEMENT) - CYPRESS/SPANISH FORT I, LP

Cal Markert, County Engineer, appeared before the Commission and said this was the same request as TimberCreek Land Co., Inc., however Cypress/Spanish Fort I, LP sent recommended language to him for the extension of the Agreement. Mr. Markert said on the original Agenda Item given to the Commission, Item #1 states that at the end of paragraph 2, the sentence reads “in the event the County has not notified Cypress by August 1, 2010, the contract let by the Alabama Department of Transportation (ALDOT) for the interchange will be terminated.” The language should not include ALDOT in the interchange, because the County has no control over when ALDOT will let the project.

Mr. Markert submitted a new Agenda Item in which the first paragraph reads: “Within thirty (30) days after the county notifies Cypress that ALDOT has let the contract for the interchange that the County has entered into funding agreements…” The sentence that ALDOT has let the contract for the interchange is deleted. In Item #2 of the First Amendment, the deleting date of December 31, 2009 in the second sentence is now replaced with the date of August 15, 2010.

Commissioner Burt asked if Cypress Equities is in agreement with these changes, in which Mr. Markert replied he was unable to get in touch with Cypress Equities, however; he believes that this was simply a typographical error on their part.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER GRUENLOH, TO APPROVE THE FIRST AMENDMENT TO AGREEMENT BETWEEN BALDWIN COUNTY AND CYPRESS/SPANISH FORT I, LP FOR SERVICE ROAD FOR FUNDING OF THE I-10 SERVICE ROAD FROM ALABAMA HIGHWAY 181 TO U.S. HIGHWAY 98 EFFECTIVE UPON FULL EXECUTION AND TERMINATING UPON COMPLETION OF THE PROJECT. (THE AMENDMENT REMOVES FROM THE FIRST SENTENCE OF PARAGRAPH 2 OF THE AGREEMENT: “THAT ALDOT HAS LET THE CONTRACT FOR THE INTERCHANGE” AND PARAGRAPH 3 OF THE AGREEMENT IS AMENDED BY DELETING DATE DECEMBER 31, 2009 IN THE SECOND SENTENCE AND REPLACING IT WITH THE DATE “AUGUST 15, 2010”.)

UNANIMOUS