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Home My WebLink About20-016JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4759570 10101 /2020 09:04:37 AM OR BOOK 4482 PAGE 989 - 993 Doc Type: ORDN RECORDING: $44.00 ORDINANCE NO. 20-016 AN ORDINANCE AMENDING CHAPTER 32 (PUBLIC PROPERTY), OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, TO CREATE ARTICLE VI (SALES PROCEDURES) TO ESTABLISH PROCEDURES FOR SELLING THE PROPERTY KNOWN AS "CHUCK'S SEAFOOD" AND FOR THE FIRE STATION PROPERTY, IF AFTER ACQUIRED PURSUANT TO SECTION 125.35, FLORIDA STATUTES (2019); CREATING SECTION 32-141 (PURPOSE); CREATING SECTION 32-142 (COMPETITION AND QUALIFICATION STANDARDS); CREATING SECTION 32-143 (BID/PROPOSAL WAIVER PROCEDURE); CREATING SECTION 32-144 (NEGOTIATION PROCEDURES) AND RIGHT OF FIRST REFUSAL; CREATING SECTION 32-145 (CONSISTENCY WITH COMPREHENSIVE PLAN); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, Sections 125.35(1) and 125.35(2), Florida Statutes (2019), provide for the sale of County owned real property subject to certain advertising requirements; and, WHEREAS, Section 125.35(3), Florida Statutes (2019) authorizes a county to adopt alternative procedures for the sale of county owned real property; and, WHEREAS, the County owns property known as "Chuck's Seafood" located on South Hutchinson Island at 822 Seaway Drive, Fort Pierce, Florida; and, WHEREAS, the County currently leases the "Chuck's Seafood" property to a tenant, now known as Chuck's Seafood Restaurant, L.L.C., whose Manager has operated a restaurant on the property for over 20 years; and WHEREAS, the current tenant has expanded substantial sums to renovate the restaurant and desires to obtain a right of first refusal in the event the County determines to sell the property; and WHEREAS, the current tenant uses a portion of the adjacent Fire Station property for parking at the restaurant; and WHEREAS, the County donated the Fire Station property to the St. Lucie County Fire District in 1965; and S�Pweli *hpeagk passages are deleted. Underlined passages are added. -1- WHEREAS, the deed conveying the Fire Station property contains a reverter clause requiring reconveyance of the Fire Station property to the County in the event of nonuse by the Fire District. WHEREAS, the County desires to adopt an alternative sale procedure if the County determines to sell the Chuck's Seafood property accordance with the provisions of Section 125.35(3) Florida Statutes; and WHEREAS, Section 125.045, Florida Statutes (2019) grants counties the power to promote economic development with the County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 32 (PUBLIC PROPERTY) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS Chapter 32 (Public Property) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended by creating Article VI (Chuck's Seafood/Fire Station Property Sales Procedures) to read as follows: ARTICLE VI. CHUCK'S SEAFOOD/FIRE STATION PROPERTY SALES PROCEDURES Section 32-141 Purpose. If the Board determines to sell the Chuck's Seafood property or the Fire Station property, if after acquired, in the future the purpose of the sale would be to generate revenue for economic development. Section 32-142 Competition and Qualification Standards. In order to expand economic development at the Chuck's Seafood property, or the Fire Station property, if after acquired, the Board of County Commissioners may bid and award a sale of the property to the highest and best bidder. Section 32-143 Bid/Proposal Procedure; Right of First Refusal. In the event the Board determines to consider initiating the competitive bid or proposal process to sell the Chuck's Seafood property, or the Fire Station property, if after acquired. the Board shall: Neagh passages are deleted. -2- Underlined passages are added. (a) Publish a notice in a newspaper of general circulation in St. Lucie County at least ten (10) days before the Board's regular meeting at which the bids or proposals will be considered. The notice shall identify the nature of the proposed bid or proposal; and, shall identify the County office where copies of the draft resolution providing for the bid or proposal may be reviewed or obtained. The notice shall also provide the time and manner for persons making objections in writing or otherwise. ll Provide the existing tenant with a right of first refusal in the Request for BidslProposals that would allow the existing tenant the right to match the highest and best bid or proposal that is acceptable to the County. To exercise this right of first refusal the current tenant must notify the County of the tenant's decision to exercise the within fifteen 15 days from the date that the County provided the tenant with notice of the propose bid/proposal award. The right of first refusal is personal to the current tenant and may not be assigned or transferred by the current tenant. Section 32-144 Negotiation Procedures. The County Administrator or designee shall negotiate the terms of sale at the Chuck's Seafood Property or the Fire Station property, if after acquired and shall develop appropriate negotiation procedures. Section 32-145 Consistency with Comprehensive Plan The sale of the Chuck's Seafood property or the Fire Station property, if after acquired, must be consistent with the City of Fort Pie_rce's Comprehensive Plan and land development regulations. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. S#rusk thredgh passages are deleted. -3- Underlined passages are added. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect on the date of adoption. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Cathy Townsend AYE Vice Chair Chris Dzadovsky AYE Commissioner Sean Mitchell ABSENT Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE PART G. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 15th day of September, 2020. ATTEST: -- Deputy Cl S*Puel( thpough passages are deleted. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA i .r��* � J ,aR( q 10 Underlined passages are added. APPROVED AS TO FORM AND COF BY: ugh passages are deleted. Underlined passages are added. -5- RON DESANTIS LAUREL M. LEE Governor Secretary of State September 25, 2020 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 20-016, which was filed in this office on September 24, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us