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HomeMy WebLinkAboutAgenda Packet 03.07.2017T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, March 7, 2017 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 1, Chairman CHRIS DZADOVSKY District No. 2, Vice -Chairman TOD MOWERY District No. 3 LINDA BARTZ District No. 4 FRANNIE HUTCHINSON District No. 5 CATHY TOWNSEND Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 317120172:39 PM Regular Meeting Tuesday, March 7, 2017 6:00 PM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. General comments in support or opposition to candidates for public office are not pertinent to the Board's duties. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. 2 1 P a g e Regular Meeting Tuesday, March 7, 2017 6:00 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, February 21, 2017 5. PROCLAMATIONS APPROVAL A. Resolution proclaiming the week of March 19-25, 2017 as "National Surveyors Week" in St. Lucie County, Florida. B. Resolution proclaiming the month of March 2017 as "American Red Cross Month" in St. Lucie County, Florida. 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 20 & 21 B. ADMINISTRATION 1. EDA Grant Acceptance for the MRO Hangar Staff recommends the Board accept the Economic Development Administration (EDA) grant and authorize the County Administrator to sign the document and return to the EDA in advance of March 16, 2017. 3 1 P a g e Regular Meeting Tuesday, March 7, 2017 6:00 PM 2. St. Lucie County International Airport - Consider Consent to Proposed Hangar Sublease between Fort Pierce FBO, LLC and Everest Aero Solutions, LLC Staff recommends that the Board consent to the proposed hangar sublease between Fort Pierce FBO, LLC and Everest Aero Solutions, LLC, and authorize the Chairman to sign the Consent of Master Ground Lessor. 3. To Approve AECOM Technical Services, Inc. Work Authorization #04 for the Rehabilitate Taxilane D1 Design and Related Work Project Staff recommends Board approval of AECOM Technical Services, Inc. Work Authorization No. 04 for services related to the design, bid, and award of the Treasure Coast International Airport Rehabilitate Taxilane D1 and Related Work Project for a lump sum cost of $64,685.05 and authorization for the Chairman to sign documents as approved by the County Attorney. C. COUNTY ATTORNEY 1. Revocable License Agreement - Peter Miller - 10535 South Ocean Drive - parking spaces for "employees only" on Las Olas Drive Staff recommends that the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct staff to record the agreement in the public records of St. Lucie County, Florida. 2. Resolution - Ravinia - PUD - Donation of Right -of -Way - 5' on Christensen Road Staff recommends the Board accept the right-of-way donation from Ravina, authorize the Chairman to sign the resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 3. Resolution - Mellen Groves - Donation of Right -of -Way - 15' on Header Canal Road Staff recommends the Board accept the right-of-way donation from Mellen Groves, authorize the Chairman to sign the resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 4. Resolution - Extending Ordinance No. 16-006 which Temporarily Postpones County Approvals for Commercial Composting Facilities Staff recommends the Board adopt resolution as drafted. 5. Resolution - Budget Resolution - Accepting funds in the form of a reimbursement in a class action law suit for overcharged monies paid to AT&T for a damaged cable wire in the amount of $622.71. Staff recommends Board approval of the budget resolution accepting the settlement funds and authorization for the Chairman to sign documents as approved by the County Attorney. 4 1 P a g e Regular Meeting Tuesday, March 7, 2017 6:00 PM 6. Amendment to the Supplement Siemens Healthcare Diagnostics, Inc. Easy Access four (4) year Agreement for the St. Lucie Drug Screening Lab, Contract Number: C13-05-188 Staff recommends that the Board approve the amendment to the Supplement Master Products agreement with Siemens Healthcare Diagnostics Inc. for the St. Lucie County La b. 7. Amended FY 2016-17 St. Lucie County Health Department Contract Staff recommends the Board approve the amended FY 2016-17 contract with the State of Florida for the St. Lucie County Health Department, and authorize the Chairman to sign the amended contract. 8. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund Staff recommends that the Board authorize payment of the attached invoice from the special fund the Board created pertaining to All Aboard Florida (AAF). There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. ►1►TII:Ze1►I► 1:1Lik There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY 1. Xerox Maintenance Contract Amendment No. 10 Staff recommends Board approval of Xerox Annual Maintenance Contract - Amendment No. 10 for a 3 year contract with the first year amount of $122,317.87 and authorization for the Chairman to sign documents as approved by the County Attorney. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. 5 1 P a g e Regular Meeting Tuesday, March 7, 2017 6:00 PM K. PARKS, RECREATION & FACILITIES 1. Adams Ranch Rodeo Fee Waiver Staff recommends Board approval to waive $2,396.25 in Fairgrounds facility rental fees for the 7th Annual Adams Ranch Rodeo on April 1, 2017. 2. Rock Road Jail As -Built Drawings Staff recommends Board approval to enter into contract with TLC Engineering in the amount of $64,860.00 to consolidate all hard copy design drawings of the Rock Road Jail facility into electronics files and authorize the Chairman to sign documents as approved by the County Attorney. 3. St. Lucie Chamber Leadership Class 35 - Environmental Day Tour Staff recommends Board approval to waive $160.00 in Aquarium admission fees on Environmental Day, Thursday, March 9, 2017, for a Smithsonian Marine Exhibit tour, between 3:55pm and 4:45pm, for the St. Lucie Chamber Leadership Class 35, as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. L. PLANNING & DEVELOPMENT SERVICES 1. Angle Road and Avenue D Subdivision - Plat Staff recommends approval of the plat for Angle Road and Avenue D Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. M. PUBLIC SAFETY 1. Hurricane Matthew Federally Funded Public Assistance State Agreement Staff recommends Board acceptance of the Hurricane Matthew Disaster Declaration (FEMA-4283-DR-FL) Federally Funded Public Assistance State Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Rim Ditch Tower Agreement Add -On Staff recommends approval of agreement and settlement. N. PUBLIC WORKS 1. Melville Road Master Drainage Plan Staff recommends Board approval to increase project funding in the amount of $250,000.00 for land acquisition and authorization for the Chairman to sign documents as approved by the County Attorney. 2. North 2nd Street Change Order No. 21 and Change Order No. 22 with Mancil's Tractor Service, Inc. 6 1 P a g e Regular Meeting Tuesday, March 7, 2017 6:00 PM Staff recommends Board approval of St Lucie County's Change Order No. 21 and Change Order No. 22 with Mancil's Tractor Service, Inc. in the amount of $163,092.68, and authorization for the Chairman to execute the change order as approved by the County Attorney. O. SHERIFF'S OFFICE Item moved to 10. B. 1. Item Placement Modified P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. III I.TA►1,1Z9l4CAI1500IaWALI i;11►[4191.1cTiMMIA11[9LI There are no items scheduled. S. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Postponement on the Placement of Medical Marijuana Dispensary Facilities This is the second of two public hearings. Staff recommends the Board approve the proposed draft ordinance. B. PLANNING & DEVELOPMENT SERVICES 1. Resolution - Rezoning for Angle Properties, LLC Staff recommends Board approval of the proposed Amendment to the Official Zoning Atlas Map from IL (Industrial, Light) to CG (Commercial, General). 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. South Florida Water Management District Environmental Resources Permit Modification No. 13-05321-P - All Aboard Florida - Litigation Update Add -On 7 1 P a g e Regular Meeting Tuesday, March 7, 2017 6:00 PM Staff recommends that the Board direct staff to increase the existing All Aboard Florida expense fund by $250,000.00 from the account set out above. B. SHERIFF'S OFFICE 1. Budget Amendment for capital lease of 115 Sheriff's Office pursuit vehicles Item Placement Modified Staff recommends approval of the Sheriff's request for a budget amendment to recognize $4,080,760 in capital outlay and a corresponding $4,080,760.00 in proceeds of debt. Sheriff's auditors request recognizing the capital outlay and debt proceeds in order for the Sheriff to account for the vehicles as a capital asset. First lease payment of $873,576.45 will not be paid until October 2017, which is the beginning of Fiscal Year 2018. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal Meeting on March 14, 2017 at 9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular Meeting on March 28, 2017 at 9 a.m. in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The 2017 St. Lucie County Earth Day Festival will take place April 29, 2017, from 10 a.m. to 3 p.m., at Oxbow Eco-Center, 5400 N.E. St. James Drive, Port St. Lucie. For details visit: www.oxboweco.com or call (772)785-5833. 12. MOTION TO ADJOURN 8 1 P a g e 4.A S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting February 21, 2017 Convened: 9:00 AM Adjourned: 9:49 AM 1. CALL TO ORDER The meeting was called to order at 9:00 AM by District No. 1, Chairman Chris Dzadovsky Attendee Name Chris Dzadovsky V District No. 1, Chairman District No. 2, Vice -Chairman Arrived Present 9:00 AM Tod Mowery Present Present Present Present 9:00 AM 9:00 AM 9:00 AM 9:00 AM Linda Bartz District No. 3 Frannie Hutchinson District No. 4 Cathy Townsend District No. 5 Howard Tipton Administrator Present 9:00 AM Bob Adolphe Deputy County Administrator Present 9:00 AM Mark Satterlee Deputy Administrator Present 9:00 AM Daniel S. McIntyre County Attorney Present 9:00 AM Katherine Barbieri Asst. County Attorney Present 9:00 AM Don West Public Works Director Present 9:00 AM Beth Ryder Community Services Director Present 9:00 AM Asheley Hepburn Director, Office of Management & Budget Present 9:00 AM Leslie Olson Director, Planning & Development Services Present 9:00 AM Ceretha Leon Human Resources Director Present 9:00 AM Ron Roberts Solid Waste Director Present 9:00 AM Ron Parrish Public Safety Director Present 9:00 AM Melissa Upton Clerk to the Board Present 9:00 AM 2. INVOCATION Generated 2124120173:57 PM Packet Pg. 9 4.A Regular Meeting Tuesday, February 21, 2017 9:00 AM 3. :j 5. M PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, February 07, 2017 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend PROCLAMATIONS APPROVAL A. Resolution - Proclaiming February 2017 as "Teen Dating Violence Awareness and Prevention Month" in St. Lucie County, Florida Gwen McLeod, the president and founder of We Leap Inc. accepted the proclamation. Ms. McLeod explained that her organization is a domestic violence awareness, prevention and outreach organization that was established 3 years ago. She thanked the Board for the recognition and indicated the organization hosts monthly empowerment and awareness sessions to promote healthy relationships. Chairman Dzadovsky asked how the public can contact her organization for information or volunteer opportunities. Ms. McLeod stated she can be reached at we-leap2.com or 772-940-1632. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend PUBLIC COMMENT (excluding Public Hearing items) This item was moved after Item 7. Presentations Dave Commoli, 5101 A1A North Hutchinson Island - Mr. Commoli identified himself as the president of the board of directors of the Ocean Resorts Co -Op. He indicated that Joe May, the chairman of the peninsula committee was also in attendance. He noted the development has approximately 400 residents on 100 acres of property. He addressed the Board regarding an issue in his community. Mr. Commoli stated that on the private property for the past 2 months there has been construction equipment building roads and the placement of rocks along the water that block access to the peninsula. He provided pictures to the Board. Mr. Commoli asked the Board why the property is being destroyed and why taxpayer money is being spent on private property. He indicated the matter was urgent and requested a response from county staff as soon as possible. He gave his phone number to the Board. a w z E U_ O J O a a Q 2 1 P a g e Packet Pg. 10 Regular Meeting Tuesday, February 21, 2017 9:00 AM 4.A Commissioner Townsend stated that she has his phone number and will contact him. She also introduced the Director of Mosquito Control and Coastal Management Services to address Mr. Commoli's concerns. Staff indicated that the area in question is a county mosquito impoundment, which is used to abate mosquito issues on the island. He stated that this area is part of Queen's Island Preserve, Impoundment 19B. He noted that Hurricane Matthew caused approximately $2 million in damage to the impoundments along the coast. Staff stated that the boulders are placed around the impoundment to protect the dykes from breaching and this is a common method of addressing that problem. He said that a contractor was brought in to replace the rock in that area. He continued that this impoundment has been operated by the county for decades and there is an agreement with the Department of Environmental Protection to do so. Chairman Dzadovsky stated that Commissioner Townsend will contact Mr. Commoli to address any further questions he may have. Brian Bauer, St Lucie County Resident - Mr. Bauer identified himself as the president and CEO of CareerSource Research Coast. He addressed the Board regarding the 2nd annual Treasure Coast Homeless Veterans Stand Down Event. He indicated the event was a partnership with the Florida Department of Veteran Affairs, the City of Fort Pierce, St Lucie County, Treasure Coast Homeless Society, House -A -Vet and Sarah's Kitchen. He noted that veterans will also be coming from Indian River and Martin County. He asked the Board to attend the event, which was taking place from 9 to 3pm. Mr. Bauer listed the services being provided at the event. He indicated the event was being held at Veterans Memorial Park at 600 N Indian River Dr, Fort Pierce, FL 34950. He thanked the county's Veterans Services Program for providing free transportation to the event. 7. PRESENTATIONS A. St. Lucie County 2017 Ecotourism Goals - Wren Underwood, Environmental Education & Ecotourism Coordinator Wren Underwood, the Environmental Education and Ecotourism Coordinator presented the "St Lucie County 2017 Ecotourism Goals". Ms. Underwood explained her position as a combination of Environmental Resources, Tourism and Mosquito Control and thanked the Board for their support. She also thanked Sandra Bogan, Charlotte Bireley and Glenn Henderson for their help. She began her presentation by defining ecotourism and detailing the reasons to pursue ecotourism in the county. She covered the current development goals of the department, which included inventory and evaluate resources, develop/identify sustainable ecotourism standards, develop public involvement strategy, explore opportunities to create collaborative relationships and develop signature events/programs that align with the county's authentic identity. Ms. Underwood invited everyone to attend the "Procession of the Species" event to take place in October as part of the Indian River Lagoon Science Festival. She indicated more information about the event is available at Procession.org. Chairman Dzadovsky recognized Sandra Bogan, the director of the Oxbow Eco-Center. U) w z M w 0 J a 0 W a a Q 3 1 P a g E Packet Pg. 11 Regular Meeting Tuesday, February 21, 2017 9:00 AM 4.A B. St. Lucie County United Way Initiative and Volunteer Showdown Award Presentation - Leslie Olson, Planning Director Leslie Olson, the County Planning Director presented this item as chair of the United Way Initiative along with co-chair, Ron Parrish. Ms. Olson acknowledged the efforts of Ron Roberts and Allison Macdonald in past years. She spoke about the history of the initiative in the county and indicated that last year the county raised approximately $100,000 for the United Way. The funds were raised from the employee engagement fund drive and the Ultimate Drive Golf Tournament. Ms. Olson stated that county staff has committed over $22,000 and she expressed optimism that the participation rate will increase this year. She spoke about the 3rd Annual Ultimate Drive Golf Tournament on May 6th at Fairwinds Golf Course. She urged anyone interested to sign up quickly and contact Brittney Palmer at 772-462-2822 for registration forms. She indicated that sponsorship opportunities and prize donations are still being requested from the local business community. The sponsorship opportunities range from $100 to $10,000. At this time, Ms. Olson presented the winner of the 1st Annual United Way Volunteer Showdown. She explained that the county departments competed to volunteer the most hours at organizations that are funded by the United Way. She presented the trophy to the Public Works, Road & Bridge Department, who volunteered over 36 hours by doing maintenance and repairs on local United Way Agencies. The award was accepted by Chris Lestrange, Don West and several employees from the department. Mr. Lestrange spoke about the work done by the department to assist the agency. Chairman Dzadovsky asked where potential sponsors or participants can get information. Ms. Olson answered the best way to become involved is to contact Brittney Palmer at 772-462- 2822. Mr. Parrish indicated the application is available on the St Lucie County website and expressed his excitement at the addition of another diamond level sponsorship opportunity. C. 2017 Healthiest Weight Community Champion - Clint Sperber, Administrator & Jennifer Harris, Community Health Director, both from the Florida Department of Health in St. Lucie County Clint Sperber, director and Jennifer Harris, community health director from the Florida Department of Health for St Lucie County presented this item. Mr. Sperber thanked the County Administrator for his efforts to set up the Healthy St Lucie coalition in the county. He explained the priorities the initiative aims to address; healthy eating, increased exercise and reduction of chronic diseases. Mr. Sperber indicated that the coalition encourages members to go out into the ecotourism sites in the county for exercise. Mr. Sperber recognized St Lucie County as a "healthy weight champion" county. This initiative by the Florida Department of Health brings together state agencies, local governments, non-profit organizations, businesses, schools, faith - based organizations and communities to help Florida children and adults make consistent and informed choices about healthy eating and active living. He acknowledged county staff members for their work to achieve this recognition and presented the Board with a certificate from the state surgeon general. 8. CONSENT AGENDA w z w 0 J a 0 W a a Q 4 1 P a g e IPacket Pg. 12 4.A Regular Meeting Tuesday, February 21, 2017 9:00 AM RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend A. WARRANTS 1. Warrant Lists 18 & 19 in B. ADMINISTRATIONLU z 1. Letter Regarding Visit Florida & Enterprise Florida E n i 2. 2017 Federal Legislative Agenda Q 3. Appointment by the Chair to Friends of the St. Lucie County Library a a C. COUNTY ATTORNEY a 1. James Smith, Jr., Trustee - Donation of Right -of -Way - 20' on Rogers Road 2. Resolution - S-2 Yachts (Pursuit Boats) - Donation of Right -of -Way - 20' on St. Lucie Boulevard 3. Petravice Preserve - Resolution to establish Palmetto Avenue in Section 9, Township 36 South, Range 40 East County right-of-way on behalf of St. Lucie County, Florida 4. Amendments to Contracts for Emergency Situations - Residential Waste and Recyclable Material; Disaster Debris Monitoring, Coastal Engineering Services 5. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund 6. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish an unsafe structure at 2421 Keen Road in Fort Pierce, Florida. D. COMMUNITY SERVICES 1. Deed Transfer of 7508 Coquina Avenue to St. Lucie Habitat for Community Housing Development Organization (CHDO) Inc. 2. HOME Investment Partnerships Program (HOME) Community Housing Development Organization (CHDO) Agreement - St. Lucie Habitat for Humanity CHDO 3. Summer of Success (SOS) St. Lucie Youth Employment Program 5 1 P a g e Packet Pg. 13 4.A Regular Meeting Tuesday, February 21, 2017 9:00 AM E. COURT ADMINISTRATION 1. Removal of Fixed Assets from Inventory -Veterans Service Vehicle F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. a w H. INFORMATION TECHNOLOGY z There are no items scheduled. o I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES J j O W There are no items scheduled. a a Q J. OFFICE OF MANAGEMENT & BUDGET 1. Request for Proposal (RFP) No. 17-004, Community Services Bike Share Transportation Program 2. Award of Bid No. 17-007, Purchase of Pesticides, Herbicides and Fertilizers K. PARKS, RECREATION & FACILITIES 1. Resolution - Lincoln Park Playground Improvements FRDAP Grant Budget Resolution 2. Pan Florida Challenge for Hungry Kids 2017 3. HEWPLA - Trident Challenge 2017 4. Waiver of Skate Park Facility Rental Fees - Future 6 Helping Hand Fund Inc. 5. Inwater Research / Girl Scouts of Southeast Florida Beach Cleanup 2017 L. PLANNING & DEVELOPMENT SERVICES 1. Permission to Advertise - Ordinances Amending Article IV - VII of Chapter 24 M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 1. Resolution - Parkland Municipal Services Benefit Unit 6 1 P a g e Packet Pg. 14 4.A Regular Meeting Tuesday, February 21, 2017 9:00 AM 2. Resolution - Fra Mar/Wagner Municipal Services Benefit Unit (MSBU) 3. Award of Bid No. 16-047 - Roadside / Long Line Mowing 4. Budget Resolution - Amendment 3 Artificial Reef Construction (FWC No. 15135) 5. Budget Resolution - Kings Highway and Indrio Road Improvement Project 6. Award - Sneed Road Emergency Culvert Replacements at Canals 72 and 73 O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE 1. Award of Bid No. 16-042, Purchase and Delivery of Common Clean Fill Dirt 2. Lost Revenue Reimbursement - Single Stream Recycling Facility Fire 3. Award of Bid No. 17-009, Install Aluminum Carport Cover Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. S. UTILITIES 1. Severn Trent Environmental Services, Inc. - 2nd Extension and 5th Amendment to Agreement 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Permission to Advertise - Establishing Zoning Regulations for the Dispensing Of Low-THC Cannabis and Medical Cannabis a w z E U- O J Q O W a a Q 7 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, February 21, 2017 9:00 AM 4.A The Assistant County Attorney presented this item for permission to advertise the proposed ordinance for public hearing before the local planning agency and 2 hearings before the Board of County Commissioners. The Assistant County Attorney stated this item is permission to advertise the establishment of zoning regulations for the dispensing of low-THC cannabis and medical cannabis. She continued that in November the voters of the state approved the constitutional amendment on medical marijuana. Previously, Florida Legislature passed Section 381.986 of the Florida Statutes, which authorizes the dispensing of medical marijuana and established certain controls. Staff indicated the proposed ordinance amends the existing code to establish as a permitted use in commercial general, industrial light and planned non-residential development establishments that dispense low-THC cannabis or medical marijuana. She explained the controls the proposed ordinance would establish: -The minimum distance between any establishment dispensing low-THC and medical marijuana and child care facilities, preschools, schools and parks must be 1,000 feet and must be 1 mile from other dispensing establishments. -The limit on operating hours between 7:00 am and 9:00 pm daily. -Prohibits the consumption of alcohol around the establishment. -Security and outdoor lighting will be as provided in Section 381.986 Florida Statutes. Staff indicated this statute has very comprehensive security measures. Commissioner Townsend asked staff if page 2 of the backup documentation is a recommendation of where the establishments would be placed. The Assistant County Attorney confirmed that the proposed zoning would be commercial general, industrial light or planned non-residential development. Chairman Dzadovsky indicated that additional discussions would take place by the Board at meetings following the approval of this permission to advertise. The Assistant County Attorney confirmed that the Board has been provided with staff's recommendations, however the ordinance will go before the Planning and Zoning Commission and 2 public hearings before the Board. She indicated those meetings will provide ample opportunity to discuss other zoning options. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 11. ANNOUNCEMENTS A. A Ribbon Cutting Ceremony for the Indian Hills Recreation Area will be held on Thursday, February 23, 2017 at 1:30 p.m. at 52 Savannah Road, Fort Pierce, FL. For more information contact the City of Fort Pierce at (772) 467-3000. U) w Z M w 0 J a 0 W a a Q 8 1 P a g e IPacket Pg. 16 Regular Meeting Tuesday, February 21, 2017 9:00 AM 4.A Chairman Dzadovsky expressed his excitement regarding the ribbon cutting for the Indian Hills Recreation Area. He thanked the Public Works Director, Don West for his assistance over the years on this project. He also recognized the Fort Pierce City Commission for their cooperation, the Board of County Commissioners and previous Board members, Jack Andrews (City of Fort Pierce Engineer), Nick Mimms (Fort Pierce City Manager) and the Heathcote Botanical Gardens Board of Directors. B. The 52nd Annual St. Lucie County Fair will take place February 24, 2017 - March 5, 2017 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfair.org. C. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on Saturday, February 25, 2017 vs. Washington Nationals at 1:10 p.m. Home games run through March 29, 2017 with games vs. the Florida Marlins, New York Yankees, St. Louis Cardinals, Houston Astros, Detroit Tigers, Atlanta Braves and others. For tickets call (772) 871-2115 or visit www.traditionfield.com. Chairman Dzadovsky commended the Mets for their involvement in the Special Olympics event held on Monday. D. The Board of County Commissioners will hold a Regular Meeting on March 7, 2017 at 6 p.m. in the County Commission Chamber of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold an Informal Meeting on March 14, 2017 at 9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. F. The Board of County Commissioners will hold a Regular Meeting on March 28, 2017 at 9 a.m. in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 9 1 P a g e Packet Pg. 17 5.A ITEM NO. RES-2017-32 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/07/2017 *PROCLAMATIONS APPROVAL Resolution proclaiming the week of March 19-25, 2017 as "National Surveyors Week" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim the week of March 19-25, 2017 "National Surveyors Week" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures anie 5. McIntyre, C my ttorney 2/17/2017 Packet Pg. 18 5.A.a RESOLUTION •°—�' A RESOLUTION PROCLAIMING THE WEEK OF MARCH 19-25, 2017 AS "NATIONAL SURVEYORS WEEK" IN ST. LUCIE COUNTY, FLORIDA v� WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Land Surveyors are counted among the founding leaders of our country and were instrumental in the formation of the layout of property boundaries in the United States, providing our citizens the opportunity to enjoy the American dream of property ownership. 2. United States Presidents George Washington, Thomas Jefferson, John AdamsandAbraham Lincoln all served as surveyors, contributing to the historical mapping of American in its earlyyears. 3. The surveying profession requires special education, training, the knowledge of mathematics, the related physical and applied sciences, and requirements of law for evidence. 4. Surveyors are uniquely qualified and licensed to determine and describe land and water boundaries forthe management of natural resources and protection of private and public property rights. 5. The continual advancements in instrumentation have required the surveyorto not only be able to understand and implement the methods of the past, but also to learn and employ modern technology in finding solutions to meet the challenges of time. 6. Thecitizensof St. Lucie County, Florida recognize the valuable contributions of the surveying profession to history, development, and qualityof life throughout our country, and make important decisions based on the knowledge and expertise of licensed surveyors and mappers. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of March 20-26, 2016, as "NATIONAL SURVEYORS WEEK" in St. Lucie County, Florida. 2. This Board encourages all citizens to recognize the many contributions and the ongoing dedication of surveyors to our community and throughout the United States. PASSED AND DULY ADOPTED this 7t" day of March 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 19 5.B ITEM NO. RES-2017-33 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/07/2017 *PROCLAMATIONS APPROVAL Resolution proclaiming the month of March 2017 as "American Red Cross Month" in St. Lucie County, Florida. It has been requested that this Board proclaim the month of March 2017 as "American Red Cross Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures anie 5. McIntyre, C my ttorney 2/17/2017 Packet Pg. 20 5.B.a RESOLUTION A RESOLUTION PROCLAIMING MARCH 2O17 AS "AMERICAN RED CROSS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. March was first proclaimed as Red Cross Month in 1943 by President Franklin D. Roosevelt as a way to raise awareness of the organization and its humanitarian mission in the midst of the war. Since then, every president has designated March as Red Cross Month. The American Red Cross is synonymous with helping people, and has been doing so for more than 130 years. 2. We would like to remember our heroes here in St. Lucie County who help people in need. They work tirelessly to assist their neighbors when they need a helping hand. The American Red Cross volunteers have been active in our community this past year providing emergency relief to victims of home fires, teaching students in our schools how to create their own emergency supply kits by packing essential items in a pillowcase - a common household item - for easy transport during an emergency, and partnering with local agencies and companies to install smoke alarms provided at no cost in hundreds of homes in our local community, and providing emergency shelter during Hurricane Matthew. 3. We dedicate the month of March 2017 to all those who support the American Red Cross mission to present and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time and money to fulfill its humanitarian mission. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim March 2017 as "AMERICAN RED CROSS MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to support this organization and its noble humanitarian mission. PASSED AND DULY ADOPTED this 71h day of March 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 21 02/17/17 FZABWARR FUND TITLE 001 001461 001462 001550 001580 001583 001584 001585 101 101002 101003 101004 102 102001 104003 107 107001 107003 107006 129 130 130114 140 140375 140376 160 183 183001 183004 183006 185016 190 310001 310006 316 316001 318 362 401 418 451 471 478 491 505 505001 611 620 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 11-FEB-2017 TO 17-FEB-2017 FUND SUMMARY General Fund RCMP 2017 -002 Chase Settlement Grant HUD Shelter Plus Care Section 112/MPO/FHWA Plan FY16/17 Continuum of Care Vets Continuum of Care Chronic CSBG 2017 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Hurricane Frances Donations Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY 2013 Airport Fund FDOT- Construction Customs Facility FDOT New Port Ent 2nd street Imp Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFC SHIP 2015-2016 Sports Complex Fund Impact Fees -Library Impact Fees -Transportation County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond Sports Complex Improv Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Water & Sewer District Operations Water & Sewer District R&R Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Law Enforcement Trust Fund EXPENSES 276,053.23 550.00 220.00 2,786.00 887.28 11,144.52 11,050.00 861.51 1, 902.91 51,884.96 3,410.20 9,145.18 5,417.90 69,633.26 450.00 170,475.54 23,320.73 1,571.72 11,804.75 8, 931.82 951.97 262.86 6, 406.41 87,750.00 202,112.42 10, 586.59 590.64 120.00 2,722.82 16, 693.77 293.98 83,397.67 4,054.37 510,831.51 1,068.96 36,293.79 71,325.31 75,648.80 132,650.63 11,893.71 3,304.47 48,918.04 8,297.76 5,179.17 162,012.73 647.00 29,161.87 80,990.00 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 H Z a Packet Pg. 22 02/17/17 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #20- 11-FEB-2017 TO 17-FEB-2017 FUND SUMMARY FUND TITLE 801 Bank Fund GRAND TOTAL: EXPENSES 29,133.68 2,284,802.44 8.A.1 PAGE 2 PAYROLL 0.00 817.84 N H Z a N oa O N N N J C m L L m m V c� cG C �O♦ V Packet Pg. 23 02/24/17 FZABWARR FUND TITLE 001 001461 001463 001512 001550 001575 001576 001579 001580 001583 001584 001585 001823 101 101001 101002 101003 101004 102 102001 102300 107 107001 107002 107003 107005 107006 113 114 116 117 119 123 127 128 129 130 130114 130119 136 138 140 140001 140376 140382 140388 160 182 ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 18-FEB-2017 TO 24-FEB-2017 FUND SUMMARY General Fund RCMP 2017 -002 FCTD Planning Grant FY16/17 Neighborhood Stabilization Program HUD Shelter Plus Care Metropolitan Planning / Sec 5305d Support Services for Veterans Farm to Fly Biofuels Study Section 112/MPO/FHWA Plan FY16/17 Continuum of Care Vets Continuum of Care Chronic CSBG 2017 INTACT Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constrtut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU FDEP - Paradise Park 4 Phase 5 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY 2013 FTA 5307 FY13 Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund Port Fund FDOT New Port Ent 2nd street Imp FDOT Design & Construct Runway FDOT-Fisherman's Wharf Rd Devl Plan Maintenance RAD Fund Environmental Land Acquisition Fund EXPENSES 147,248.67 0.00 0.00 0.00 0.00 0.00 0.00 1,485.20 7,503.51 0.00 0.00 1, 624.59 0.00 207.44 2,880.00 58,529.12 23,736.80 14,056.10 6, 103.55 85,367.57 0.00 354,445.63 2, 853.91 0.00 3, 990.36 9, 575.83 94,034.74 259.62 588.73 641.86 146.92 854.80 401.81 527.84 650.87 24,380.00 1,305.72 0.00 2, 968.56 2,419.23 330.24 5, 961.02 0.00 30,925.00 757,070.00 15,812.00 1,273.13 79.22 PAGE PAYROLL 546,416.75 481.37 451.29 1, 955.98 41.03 1,296.56 1, 348.80 0.00 12,093.57 204.43 204.43 3,343.45 1,713.60 36, 025.49 1, 409. 60 46,716.26 17,057.48 19,464.43 58,564.99 13, 100.72 4,792.00 122,404.59 1,081.23 31,731.57 0.00 0.00 10,536.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,368.06 1, 629.52 3,237. 60 0.00 0.00 11, 805.32 3, 403.20 0.00 0.00 0.00 3, 004.87 0.00 H Z a Packet Pg. 24 8.A.1 02/24/17 FZABWARR FUND TITLE 183 183001 183004 183006 184001 185016 189110 189111 189112 190 216 224 262 316001 362 382 401 418 451 458 471 478 479 491 505 505001 505002 611 625 650 655 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 18-FEB-2017 TO 24-FEB-2017 FUND SUMMARY Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Artificial Reef Program FHFC SHIP 2015-2016 Home Consortium 2014 Home Consortium FY 2015 USDA Housing Preservation Grant Sports Complex Fund County Capital I&S Capital Imp. Revenue Bond, 2016A Sports Complex Debt 5th Cent Fuel -Capital Sports Complex Improv Fund Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Agency Fund Insurance Agency Fund Bank Fund GRAND TOTAL: EXPENSES 5,213.86 200.00 450.00 210.79 0.00 0.00 2, 689.00 903.00 0.00 14,695.07 1,202.00 12,500.00 12,500.00 82,972.67 12,907.20 113.55 343,253.27 22,360.23 10,020.55 0.00 13,313.72 0.00 0.00 191.28 159,439.87 724,098.65 0.00 705.11 14,938.83 19,704.96 76,964.24 20,340.55 3,212,127.99 PAGE 1!VVIVA1093I M11 4, 989.78 0.00 1,525.85 0.00 1,846.36 590.00 421.81 1,200.01 178.43 21,723.61 0.00 0.00 0.00 0.00 0.00 0.00 82,083.84 18, 969.16 25,276.39 1,801.88 24,972.98 2,302.30 2, 196.09 33,999.13 0.00 3,350.24 3,358.46 5,113.30 0.00 0.00 0.00 0.00 1,193,784.18 Packet Pg. 25 8.B.1 ITEM NO. (ID # 4185) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Mark Satterlee, Deputy County Administrator Administration EDA Grant Acceptance for the MRO Hangar DATE 03/07/2017 *CONSENT AGENDA\ADMINISTRATION On February 16, 2017, St. Lucie County received notice from the United States Department of Commerce, Economic Development Administration (EDA) that the County was awarded $1,500,000 grant to assist in the construction of a new maintenance, rehabilitation and overhaul (MRO) hangar at Treasure Coast International Airport. A key component of the Board's economic development strategy is to grow the number of good -paying jobs at the Treasure Coast International Airport and Business Park. Currently, the Airport has no available space for existing maintenance, repair and overhaul (MRO) companies to expand or for new MRO companies to locate at the Airport. With the assistance of the United States Economic Development Administration (EDA) and the Florida Department of Transportation, St. Lucie County intends to construct a new 30,000-50,000 square foot pre-engineered metal hangar to facilitate the growth of the MRO industry at the Airport and provide jobs. PREVIOUS ACTION: In May of 2016, the Board authorized staff to submit an application to the EDA for $1,500,000 to assist in the construction of a new MRO hangar at Treasure Coast International Airport. FINANCIAL IMPACT: Grant Award is for $1,500,000.00 RECOMMENDATION: Staff recommends the Board accept the Economic Development Administration (EDA) grant and authorize the County Administrator to sign the document and return to the EDA in advance of March 16, 2017. [are ►] Til►�ifR1.1raP►I_Ts"191 F Packet Pg. 26 8.B.1 Coordination/Signatures 4aniey'S.WMcIntyre,torney 2/23/2017 h y burn,offf e 9udgetDirector 2/23/2on Ho and Tipton, Countf Administrate 2/28/2017 updated: 3/1/2017 3:19 PM by Katrina Slay Page 2 Packet Pg. 27 Mr. Howard Tipton County Administrator St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Mr. Tipton: apQ��ENt OF CC���� �m UNITED SPATES DEPARTMENT OF COMMERCE Q Economic Development Administration Atlanta Regional Office STATES OF P� Suite 1820 401 West Peachtree St., N.W, Atlanta, Georgia 30308-3510 In reply refer to: Investment No. 04-01-07168 RECEIVED : I am pleased to inform you that the Department of Commerce's Economic Development Administration (EDA) has approved your application for a $1,500,000 EDA investment for construction of a new hanger. Enclosed are two signed copies of the Financial Assistance Award. Your agreement to the terms and conditions of the award should be indicated by the signature of your principal official on each of the signed copies of the Financial Assistance Award. One of the executed copies should be returned to H. Philip Paradice, Jr., Regional Director, Atlanta Regional Office, Economic Development Administration, 401 West Peachtree Street, N.W, Suite 1820, Atlanta, Georgia 30308-3510. If not signed and returned within 30 days of receipt, EDA may declare the Award null and void. Please do not make any commitments in reliance on this award until you have carefully reviewed and accepted the terms and conditions. Any commitments entered into prior to obtaining the approval of EDA in accordance with its regulations and requirements will be at your own risk. FDA's mission is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. EDA implements this mission by making strategic investments in the nation's most economically distressed communities that encourage private sector collaboration and creation of higher -skill, higher wage jobs. EDA investments are results driven, embracing the principles of technological innovation, entrepreneurship and regional development. I share your expectations regarding the impact of this investment and look forward to working with you to meet the economic development needs of your community. Sincerely, 00 _-__ c t E H. P ilip Paradice, Jr. Q Regional Director Enclosures: Form CD-450 Financial Assistance Award (2) Exhibit A — Special Award Conditions Attachment No. 1 —Form ED-508 Budget EDA Standard Terms and Conditions for Construction Projects, dated February 12, 20 * Packet Pg. 28 8.B.1.a FORM CD-450 U.S. DEPARTMENT OF COMMERCE (REV. 12-14) GRANT ❑ COOPERATIVE AGREEMENT FINANCIAL ASSISTANCE AWARD FEDERAL AWARD ID NUMBER - 0107168 04-017 RECIPIENT NAME PERIOD OF PERFORMANCE St. Lucie County Board of County Commissioners 39 months after date of EDA approval STREET ADDRESS FEDERAL SHARE OF COST 2300 Virginia Avenue $ 1,500,00 CITY, STATE, ZIP CODE RECIPIENT SHARE OF COST Fort Pierce, Florida 34982 $ 3,500,00 AUTHORITY TOTAL ESTIMATED COST Public Works & Economic Development Act of 1965, as amended $ 5,000,00 CFDA NO. AND NAME 11.300 Public Works Program PROJECT TITLE Airport Hangar Construction This Award Document (Form CD-450) signed by the Grants Officer constitutes an obligation of Federal funding. By signing this Form CD-450, the Recipient agrees to comply with the Award provisions checked below and attached. Upon acceptance by the Recipient, the Form CD-450 must be signed by an authorized representative of the Recipient and returned to the Grants Officer. If not signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally withdraw this Award offer and de -obligate the funds. ❑ DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS (enclosed as Attachment A ❑R&DAWARD ❑ FEDERAL -WIDE RESEARCH TERMS AND CONDITIONS, AS ADOPTED BY THE DEPT. OF COMMERCE SPECIAL AWARD CONDITIONS (see attached Exhibit "A") 0 LINE ITEM BUDGET (see attached Attachment No. 1) 2 CFR PART 200, UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS, AS ADOPTED PURSUANT TO 2 CFR § 1327.101 48 CFR PART 31, CONTRACT COST PRINCIPLES AND PROCEDURES ❑ MULTI -YEAR AWARD. PLEASE SEE THE MULTI -YEAR SPECIAL AWARD CONDITION. ❑✓ OTHER(S): EDA Standard Terms and Conditions for Construction Projects, dated February 12, 2016 SIGNATURE OF DEPARTMENT OF COMMERCE GRANTS OFFICER Philip Paradice, Jr., Director, Atlanta Reg1 ffl, e JDATEH. PRINTED NAME, PRINTED TITLE, AND SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL DATE Howard Tipton, County Administrator, St. Lucie County Board of County Commissioners r Q Packet Pg. 29 8.B.1.a FORM CD-450 U.S. DEPARTMENT OF COMMERCE (REV. 12-14) � GRANT ❑COOPERATIVE AGREEMENT FINANCIAL ASSISTANCE AWARD FEDERAL AWARD ID NUMBER - 04-017 0107168 RECIPIENT NAME PERIOD OF PERFORMANCE St. Lucie County Board of County Commissioners 39 months after date of EDA approval STREET ADDRESS FEDERAL SHARE OF COST 2300 Virginia Avenue $ 1,500,00 CITY, STATE, ZIP CODE RECIPIENT SHARE OF COST Fort Pierce, Florida 34982 $ 3,500,00 AUTHORITY TOTAL ESTIMATED COST Public Works & Economic Development Act of 1965, as amended $ 5,000,00 CFDA NO. AND NAME 11.300 Public Works Program PROJECT TITLE Airport Hangar Construction This Award Document (Form CD-450) signed by the Grants Officer constitutes an obligation of Federal funding. By signing this Form CD-450, the Recipient agrees to comply with the Award provisions checked below and attached. Upon acceptance by the Recipient, the Form CD-450 must be signed by an authorized representative of the Recipient and returned to the Grants Officer. If not signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally withdraw this Award offer and de -obligate the funds. DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS (enclosed as Attachment A ❑ R & D AWARD ❑ FEDERAL -WIDE RESEARCH TERMS AND CONDITIONS, AS ADOPTED BY THE DEPT. OF COMMERCE SPECIAL AWARD CONDITIONS (see attached Exhibit "A") LINE ITEM BUDGET (see attached Attachment No. 1) m 2 CFR PART 200, UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS, AS ADOPTED PURSUANT TO 2 CFR § 1327.101 48 CFR PART 31, CONTRACT COST PRINCIPLES AND PROCEDURES ❑ MULTI -YEAR AWARD. PLEASE SEE THE MULTI -YEAR SPECIAL AWARD CONDITION. F7 OTHER(S): EDA Standard Terms and Conditions for Construction Projects, dated February 12, 2016 SIGNATURE OF DEPARTMENT OF COMMERCE GRANTS OFFICER H. Philip Paradice, Jr., Director, Atlanta Reg! v�i` - fie e _,. , ---'' " DAT//�' ;� f�- PRINTED NAME, PRINTED TITLE, AND SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL DATE Howard Tipton, County Administrator, St. Lucie County Board of County Commissioners LO 00 r c a� E v 0 a� c R a m v v Q c R c� L cu cu Q W R r m C d E L V t4 r r Q Packet Pg. 30 8.B.1.a EXHIBIT "A" U.S. DEPARTMENT OF COMMERCE Economic Development Administration (EDA) Public Works and Development Facilities Investment No.: 04-01-07168 Recipient: St. Lucie County Board of County Commissioners, Florida SPECIAL AWARD CONDITIONS PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project development time schedule: Time allowed after Receipt of Financial Assistance Award for: Return of Executed Financial Assistance Award ........................................ 30 days Start of Construction .................................... 18 Months from Date of Grant Award ConstructionPeriod..................................................................... 18 Months Project Closeout — All Project closeout documents including final financial information and any required program reports shall be submitted to the Government not more than 90 day after the date the Recipient accepts the completed project from the contractor(s). The Recipient shall pursue diligently the development of the Project so as to ensure completion within this time schedule. Moreover, the Recipient shall notify the Government in writing of any event, which could delay substantially the achievement of the Project within the prescribed time limits. The Recipient further acknowledges that failure to meet the development time schedule may result in the Government's taking action to terminate the Award in accordance with the regulations set forth at 15 CFR 24.43 (53 Fed. Reg. 8048-9, 8102, March 11, 1988). 2. GOALS FOR WOMEN AND MINIORITIES IN CONSTRUCTION: Department of Labor regulations set forth in in 41 CFR 60-4 establish goals and timetables for participation of minorities and women in the construction industry. These regulations apply to all Federally assisted construction contracts in excess of $10,000. The Recipient shall comply with these regulations and shall obtain compliance with 41 CFR 60-4 from contractors and subcontractors employed in the completion of the Project by including such notices, clauses and provisions in the Solicitations for Offers or Bids as required by 41 CFR 60-4. The goal for the participation of women in each trade area shall be as follows: From April 1, 1981, until further notice: 6.9 percent Packet Pg. 31 8.B.1.a Special Conditions EXHIBIT "A" Page 12 Investment No. 04-01-07168 All changes to this goal, as published in the Federal Re ig stet in accordance with the Office of Federal Contract Compliance Programs regulations at 41 CFR 60-4.6, or any successor regulations, shall hereafter be incorporated by reference into these Special Award Conditions. Goals for minority participation shall be as prescribed by Appendix B-80, Federal Re ig stet, Volume 45, No. 194, October 3, 1980, or subsequent publications. The Recipient shall include the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" (or cause them to be included, if appropriate) in all Federally assisted contracts and subcontracts. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 CFR 60-4.6. REPORT ON UNLIQUIDATED OBLIGATIONS: All Recipients of an EDA grant award of more than $100,000 whose Award has not been fully disbursed is required to submit Form SF-425, "Financial Status Report" to EDA semi-annually to report on the status of unreimbursed obligations. This report will provide information on the amount of allowable Project expenses that have been incurred, but not claimed for reimbursement by the Recipient. The first report shall be as of March 30 of each year and shall be submitted to EDA no later than April 30 of each year, and the second report shall be as of September 30 of each year and shall be submitted to EDA no later than October 30 of each year. The Recipient must submit a final financial report using Form SF-425 within 90 days of the expiration date of the Award (or from the date the Recipient accepts the Project from the contractor, whichever occurs earlier). Noncompliance with these requirements will result in the suspension of disbursements under this Award. Financial reports are to be submitted to the Project Officer. 4. PRESERVATION OF OPEN COMPETITION AND GOVERNMENT NEUTRALITY TOWARDS GOVERNMENT CONTRACTORS LABOR RELATIONS ON FEDERAL AND FEDERALLY FUNDED CONSTRUCTION PROJECTS: Pursuant to E.O. 13202, "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federal Funded Construction Projects," unless the Project is exempted under section 5(c) of the order, bid specifications, project agreements, or other controlling documents for construction contracts awarded by Recipients of grants or cooperative agreements, or those of any construction manager acting on their behalf, shall not: a) include any requirement or prohibition on Bidders, Offerors, Contractors, or Subcontractors about entering into or adhering to agreements with one or more labor organizations on the same or related construction Project(s); or b) otherwise discriminate against Bidders, Offerors, Contractors, or Subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction Project(s). 5. ENGINEERING CERTIFICATE/CERTIFICATE OF TITLE: The Recipient, prior to Solicitation of bids for construction of this Project, shall furnish to the Government an acceptable Engineering Certificate showing all lands, rights -of -way and easements necessary for construction of this Project along with an acceptable Certificate of Title on said lands, rights -of -way and easements showing good and merchantable title free of mortgages or other foreclosable liens. Packet Pg. 32 8.B.1.a Special Conditions EXHIBIT "A" Page 13 Investment No. 04-01-07168 6. CONSTRUCTION START: If significant construction (as determined by EDA) is not commenced within two years of approval of the project or by the date estimated for start of construction in the grant award (or the expiration of any extension granted in writing by EDA), whichever is later, the EDA grant will be automatically suspended and may be terminated if EDA determines, after consultation with the grant recipient, that construction to completion cannot reasonably be expected to proceed promptly and expeditiously. 7. NONRELOCATION: In signing this award of financial assistance, Recipient(s) attests that EDA funding is not intended by the Recipient to assist its efforts to induce the relocation of existing jobs that are located outside of its jurisdiction to within its jurisdiction in competition with other jurisdictions for those same jobs. In the event that EDA determines that its assistance was used for those purposes, EDA retains the right to pursue appropriate enforcement action in accord with the Standard Terms and Conditions of the Award, including suspension of disbursements and termination of the award for convenience or cause. 8. REFUND CHECKS, INTEREST OR UNUSED FUNDS: Treasury has given the EDA two options for having payments deposited to our account with it: The first one is Pay.Gov. This option allows the payee to pay EDA through the Internet. The payee will have the option to make a one-time payment or to set up an account to make regular payments. The second option is Paper Check conversion. All checks must identify on their face the name of the DoC agency funding the award, award number, and no more than a two -word description to identify the reason for the refund or check. A copy of the check should be provided to the Federal Project Officer. This option allows the payee to send a check to NOAA's accounting office, who processes EDA's accounting functions at the following address: U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Finance Office, AOD, EDA Grants, 20020 Century Boulevard, Germantown, MD 20874. The accounting staff will scan the checks in encrypted file to the Federal Reserve Bank, and the funds will be deposited in EDA's account. While this process will not be an issue with most payees who are corporations, it could be an issue for individuals sending EDA funds. Please make note of the following. Notice to Customers Making Payment by Check If you send EDA a check, it will be converted into an electronic funds transfer by copying your check and using the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually occur within 24 hours and will appear on your regular account statement. You will not receive your original check back. Your original check will be destroyed, but a copy of it will be maintained in our office. If the EFT cannot be processed for technical reasons, the copy will be processed in place of the original check. If the EFT cannot be completed because of insufficient funds, we will charge you a one-time fee of $25.00, which will be collected by EFT. Packet Pg. 33 8.B.1.a Special Conditions EXHIBIT "A" Page 14 Investment No. 04-01-07168 9. SCOPE OF WORK: Recipient(s) agrees to undertake, prosecute and complete the Scope of Work (SOW) for this Project funded by this Award which SOW is approved and agreed to by the Government as subsequently amended in mutually agreed upon written change order(s) and/or SOW amendment(s), if any. The SOW shall be as set forth and described in a.) the application submitted by Recipient(s) and/or Recipient's authorized representative(s) to the Government for this Award together with b.) all enclosures, materials, documents and other submittals accompanying and supporting the application, c.) all additional materials, documents and/or correspondence requested by the Government and submitted by Recipient(s) and/or Recipient's authorized representative(s) in support and furtherance of the application and d.) such change(s) and/or SOW amendments, if any, requested in writing by the Recipient(s) and/or Recipient's authorized representative subsequent to the date of this Award and approved and agreed to in writing by the Government. To the extent such additional materials, documents and/or correspondence amends and/or clarifies the application, such amendment or clarification shall be controlling. It is agreed that the Recipient(s) and Government intend that the SOW describes a discrete, detailed and specific project that is funded and authorized by this Award and to that end the application and the above described additional information shall be fairly construed to and shall describe the SOW. The scope of work for this project is further described below: This investment will provide for the construction of a 30,000 - 50, 000 SF pr•e-engineered metal building hangar on a structural concrete slab capable of supporting, such aircraft as 737 series, A320 series and executive jet craft. This building will be attached to an existing 40, 000 SF of apron connected to the taxiway. Construction will include necessary stormwater management. Also included in the project components is a parking lot located adjacent to the hangar to the northwest. 10. CONSTRUCTION PERMITS: Prior to the first disbursement of funds under this Award, the Recipient shall obtain the permits described in item 3 of the Certificate of Engineer, Part One of the above referenced CERTIFICATE AS TO PROJECT SITE, RIGHTS -OF -WAY, AND EASEMENTS. 11. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE A. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph B of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. Packet Pg. 34 8.B.1.a Special Conditions EXHIBIT "A" Page 15 B. Proceedings About Which You Must Report Investment No. 04-01-07168 Submit the information required about each proceeding that: Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; Reached its final disposition during the most recent five-year period; and Is one of the following: (a) A criminal proceeding that resulted in a conviction, as defined in paragraph E of this award term and condition; (b) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (c) An administrative proceeding, as defined in paragraph E. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (d) Any other criminal, civil, or administrative proceeding if- (i) It could have led to an outcome described in paragraph B.3.(a), (b), or (c) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. C. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph B of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. D. Reporting Frequency During any period of time when you are subject to the requirement in paragraph A of this award term and condition, you must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. Packet Pg. 35 8.B.1.a Special Conditions EXHIBIT "A" Page 16 Investment No. 04-01-07168 E. Definitions For purposes of this award term and condition: 1. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. 2. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. 3. Total value of currently active grants, cooperative agreements, and procurement contracts includes: (a) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (b) The value of all expected funding increments under a Federal award and options, even if not yet exercised. 12. USEFUL LIFE: Prior to first disbursement, the useful life of this project for purposes of the Covenant of Purpose, Use and Ownership required by paragraph L.3 of the Standard Terms and Conditions, is hereby determined to be 20 years. 13. LEASE OF BUILDING: Each lease arrangement of the building(s) funded by this grant award shall be subject to the prior written approval of the Economic Development Administration (EDA). Prior to EDA granting said approval, it must be satisfied, inter alia, that said lease arrangement is consistent with the authorized general and special purpose of the grant award; that said lease arrangement will provide adequate employment and economic benefits for the area in which the property is located; that said lease arrangement is consistent with EDA policies concerning, but not limited to, non-discrimination, and that the proposed Lessee is providing adequate compensation to the Lessor for said lease arrangement. Adequate compensation is determined by the reasonable fair commercial rental value in the community which the project is located. Typically, EDA relies on written verification of this rental value form a local real estate broker 14. PLANS & SPECIFICATIONS: Recipient agrees to and shall cause the following to be placed on the plans and specifications for the project: "If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of Packet Pg. 36 8.B.1.a Special Conditions EXHIBIT "A" Page 17 Investment No. 04-01-07168 the discovery. The applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)-245-6333. Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes." 15. ENVIRONMENTAL: Prior to advertisement for construction bids, per the request of US Fish and Wildlife Service in their letter dated November 4, 2016, Recipient shall provide a copy of the Gopher Tortoise Relocation Permit from the Florida Fish and Wildlife Conservation Commission and evidence satisfactory to EDA that the gopher tortoise relocation was successfully implemented. Additionally, Recipient shall provide a letter satisfactory to EDA from a qualified professional documenting that the FWS' Standard Protection Measures for the Eastern Indigo Snake (FWS 2013) have been incorporated into the plans and specifications for the project. Packet Pg. 37 8.B.1.a Form ED-508 (Rev.7/07) U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION PUBLIC WORKS PROJECT COST CLASSIFICATIONS EDA Investment No. 04-01-07168 State: Florida Cost Classification Administrative and legal expenses Land, structures, and rights -of -way appraisals, etc. Relocation expenses and payments (Cost incidental to transfer of titles) Architectural and engineering fees Other architectural and engineering fees Project inspection fees and audit Site Work Demolition and removal Construction Equipment Miscellaneous Contingencies Proposed 290,000 30,000 174,500 4,505,500 TOTAL PROJECT COSTS $ 5,000,000 Remarks: Construction Line item reduced to show Contingency. Attachment No. 1 County: St. Lucie Approved 290,000 30,000 174,500 4,280,225 225,275 $ 5,000,000 Packet Pg. 38 ITEM NO. (ID # 4193) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: John Wiatrak, Airport Manager St. Lucie County International Airport Division DATE: 03/07/2017 *CONSENT AGENDA\ADMINISTRATION St. Lucie County International Airport - Consider Consent to Proposed Hangar Sublease between Fort Pierce FBO, LLC and Everest Aero Solutions, LLC Fort Pierce FBO, LLC has presented a proposed hangar sublease with Everest Aero Solutions, LLC, for consent by the Board of County Commissioners. The proposed sublease is for the building located 2960 Curtis king Blvd which will be used by for aircraft parts storage, general office, administrative and related functions. The term of the lease will be until the termination of the Master Fort Pierce FBO lease. Staff has reviewed the proposed sublease and finds it acceptable as to legal form and correctness. PREVIOUS ACTION: N/A FINANCIAL IMPACT: No financial impact to the County is anticipated with this sublease. RECOMMENDATION: Staff recommends that the Board consent to the proposed hangar sublease between Fort Pierce FBO, LLC and Everest Aero Solutions, LLC, and authorize the Chairman to sign the Consent of Master Ground Lessor. COMMISSION ACTION: Coordination/Signatures Packet Pg. 39 8.B.2.a A P 2982 Curtis King Blvd Fort Pierce, FL 34946 772-489-2285,772-468-0252 GROUND SUBLEASE Reference Page Tenant: Everest Aero Solutions, LLC, a Florida Limited Liability Company, CIO Dinesh Khatiwada Landlord: Fort Pierce FBO LLC, a Florida Limited Liability Company Tenant's Notice Address: 2960 Curtis King Blvd, Fort Pierce, FL 34946 Address of Premises:. 2960 Curtis King Blvd, Fort Pierce, FL 34946 Rentable Area of. Premises: As described on Exhibit A Survey, approx 4800sf Commencement Date: Date of County Approval of Ground Lease Termination Date : Termination Date of the Landlord's Ground Master Lease Base Rent: $395.05 ( .082 per month) plus applicable FL sales tax Net Rent Adjustment: Set forth in Section 3 Non -Refundable Deposit: NIA This Reference Page (herein so called) information is incorporated into and made a part of the Ground Subiease. The Ground Sublease includes Exhibit A (Legal Description of the Premises), Exhibit B (Environmental Requirements), and Master Ground Landlord's Consent. Landlord: Fort Pierce FBO, LLC 2982 Curtis King Blvd Fort Pierce, FL 34946 Tenant: Everest Aero Solutions 2960 Curtis King Blvd Fort Pierce, FL 34946 Packet Pg. 40 8.B.2.a GROUND SUBLEASE (Tenant -Owned Improvements) THIS GROUND SUBLEASE ("Sublease") is made and entered into as of the day of , 2017("Effective Date"), by and between FORT PIERCE FBO LLC, a Florida limited liability company ("Landlord"), and ("Tenant"). WITNESSETH: A. Landlord is the lessee under an Amended and Restated Lease Agreement dated May 16, 2008 (as amended and modified, "Ground Master Lease") with St. Lucie County, Florida ("Ground Master Landlord"), of certain land located at the St. Lucie County International Airport ("Airport"). B. Tenant desires to sublease from Landlord, and Landlord has agreed to sublease to Tenant, a part of the demised Ground Master Lease premises located at the Airport ("Premises"), subject to Ground Master Landlord's consent to such sublease and upon the terns and conditions set forth in this Sublease, C. On or after the date hereof, Landlord has conveyed or will convey to Tenant all improvements located on the Premises ("Improvements"), which conveyance is subject to all terms and conditions of this Sublease. NOW, THEREFORE, in consideration of these premises and the mutual provisions set forth in this Sublease, and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the parties hereby agree as follows: 1. PREMISES; USE; NON -COMPETE. (a) Premises. Tenant leases the Premises shown on Exhibit A and described on the Reference Page from Landlord. The Premises and contiguous or related property which are managed jointly are referred to as the "Property" and are located at the Airport. In addition, Tenant, its agents, employees and invitees shall have access to the full airport facility known as the St. Lucie County International Airport; shall at all reasonable times be permitted access to the runways, taxiways and other public facilities located upon the Property; and shall have non- exclusive rights in common with others to park in parking areas located on the Property. (b) Use. The Premises shall be used and occupied solely for personal aircraft storage, maintenance, and activities related to the transport of goods and personnel and in conformity with the location, design and structure thereof and the Ground Master Lease. Tenant shall not permit anything to interfere with the rights of other tenants on the Property or injure, annoy or disturb them. Tenant shall not permit any waste or illegal act nor anything that will increase the Property insurance rate. Tenant shall be financially responsible for its failure to observe any covenant or condition of this Section. During the Term of this Sublease, the Premises shall not be used (1) for any purpose in violation of any federal, state or municipal statute or ordinance, or of any order, regulation or directive of a governmental agency, as such statutes, ordinances, orders, regulations or directives may now exist or may hereafter provide concerning the use and safety of the Premises; (2) for any purpose in violation of the Ground Master Lease; or (3) for Packet Pg. 41 8.B.2.a any subletting or providing of occupancy to third parties in exchange for rent or other payment or compensation. (c) Covenant Not to Compete. Tenant shall use the Premises solely for the purposes set forth herein and shall not, during the Term of this Sublease, enter into any commercial activity on the Airport that would in any form or manner compete with any of the activities in which Landlord is engaged on the Airport as of the Commencement Date, or which involve the sale of aircraft fuels, rental of ground vehicles, sale of food or beverage, rental of life gear, or subletting of any of the Premises to third parties. Additionally, Tenant shall not permit any entity to perform any activity on the Premises which in any form or manner competes with any commercial activity in which Landlord is engaged as of the Commencement Date. 2. TERM; HOLDING OVER; ABANDONMENT. (a) Term. The term of this Sublease ("Term") shall begin on the Commencement Date and end on the termination date of the Ground Master Lease ("Termination Date"). Tenant shall surrender the Premises to the Landlord immediately upon termination of the Term or earlier termination as provided herein. Delivery of possession of the Premises to Tenant shall be made on the date of this Sublease. (b) Holding Over. If Tenant remains in possession of the Premises after the end of the Tenm or earlier termination of this Sublease, Tenant shall be bound by the teens and provisions of this Sublease except that no tenancy or interest in the Premises shall result, but such holding over shall be ail unlawful detainer and all such parties shall be subject to immediate eviction, and Tenant shall upon demand pay to Landlord, as liquidated damages, a sum equal to one hundred fifty percent of the Base Rent payable during the calendar month immediately preceding the expiration or earlier termination of this Sublease for any period during which Tenant shall hold the Premises after the stipulated Term of this Lease shall expire or may have terminated. In. addition, Tenant shall also pay all direct, actual damages sustained by Landlord on account of Tenant holding over. (c) Abandonment. If Tenant vacates the Premises, including removing all personal property, prior to the scheduled expiration of the Term, other than as permitted pursuant to this Sublease, Tenant shall be in default of this Sublease, and if Tenant has not re-entered the Premises and resumed the operation of its business for a period of thirty consecutive days, following written notice from Lessor, Tenant shall be deemed to have abandoned the Premises and the Improvements, and Landlord shall have the right, but not the obligation, to take sole possession of the Premises and the Improvements on or after the tenth day following the expiration of said thirty -day period and Landlord may relet said Premises. 3. RENT. (a) Tenant shall pay the Base Rent, as set forth on the Reference Page, on the entire area being leased, plus all sales tax levied by any federal, state, county, city or any agency authorized to levy and collect rent tax, payable in equal monthly installments, due on the first of each month. The Base Rent shall increase by the percentage increase in ground rent paid by Landlord under the Ground Master Lease with respect to the Premises, effective on the same date that the increase in ground rent takes effect under the Ground Master Lease. -2- Packet Pg. 42 8.B.2.a (b) Other sums due hereunder, if any ("Additional Rent" and together with the Monthly Base Rent, "Rent") shall also be due on the first of each month. (c) Rent shall be paid to Landlord without offset, deduction or notice- (d) Each Rent payment not received by the tenth (10"') of the month shall bear a late charge of two percent per month from the due date until the date the Landlord receives payment ("Late Charge"). h1 addition to the Late Charge, Landlord may charge a one-time bookkeeping charge of five percent of the amount due ("Bookkeeping Charge"). These charges are for the purpose of collection efforts and to defray costs incurred by Landlord in regard to such collection efforts. Partial payments of delinquent amounts shall be applied to pay past due amounts and charges in the following order: Bookkeeping Charges, Late Charges, Rent. (e) In addition, Landlord shall have all the rights and remedies provided by law. The provisions for installment payment of any sums set forth in this Section are a privilege for the benefit of Tenant. If Tenant fails to make timely payments, the provisions of Section 16 shall apply. Nothing in this Section shall be deemed a waiver by Landlord of any covenant, tern or condition of Section 16. 4. EXPENSES. Tenant shall pay any and all expenses in connection with the Premises, Improvements and Alterations (defined below), including without limitation its pro rata share of all ad valorem real property taxes attributable to the Premises and the Improvements and all utilities, but excluding ground rent under the Ground Master Lease (which shall be paid by Landlord). Utilities shall be paid in accordance with Section 12. Tenant is responsible for and shall pay directly for all other expenses related to its business, and all other expenses incurred as a direct result of Tenant's failure to abide by any and all regulations or rules asset forth by the county, state, and federal government or any governing authority over the Premises. 5. ALTERATIONS. Any construction on the Premises, including any alterations, changes or additions to the Improvements ("Alterations"), shall be subject to the terms of the Ground Master Lease and Landlord's prior written approval. Tenant shall design and construct all Alterations in accordance with state and federal accessibility guidelines and provide Landlord with copies of all plans and specifications with respect to such Alterations, prior to commencing such Alterations. Tenant, at its sole expense, shall obtain all required permits from authorities having jurisdiction prior to the commencement of any construction activity. Tenant acknowledges that Landlord must approve any alteration to any approved site plan with respect to the Premises. . 6. CONDITION OF PREMISES. If applicable, by taking possession, Tenant fully accepts the Premises in its present "as is" state or condition, which is the condition in which Landlord is obligated to deliver the Premises. 7. MAINTENANCE. Tenant shall maintain the Premises and the Improvements thereon in good condition, regularly servicing and promptly making all repairs and replacements, whether ordinary or extraordinary, with high quality materials and workmanship in compliance with all laws and regulations. Tenant shall maintain all portions of the Premises including all mechanical and electrical fixtures and equipment and all landscaping which is part of the premises, on the -3 - Packet Pg. 43 8.B.2.a Premises. S. LIENS. Tenant shall keep the Premises free from liens. If Tenant does not, within ten days following the filing of a lien against the Premises, cause such lien to be released, Landlord may cause it to be released by such means as it shall deem proper, including payment of the claim. Such sums advanced shall be considered Additional Rent and payable by Tenant upon demand from Landlord. 9. ASSIGNMENT; SUBLETTING. Tenant shall not assign or pledge this Sublease or sub - sublet the Premises or any part thereof without the prior written consent of Landlord, which may be withheld in Landlord's sole and absolute discretion. A transfer directly or indirectly of a controlling interest in Tenant (either in one transfer or a series of transfers) shall constitute an assignment hereunder. 10. INDEMNIFICATION. To the fullest extent permitted by applicable law, Tenant waives all claims against Landlord for damage to any property or injury to any person connected with Tenant's use of the Premises. Tenant shall hold Landlord and Ground Master Landlord harmless from, and defend Landlord. and Ground Master Landlord against, all claims, liability, loss or costs for property damage or personal injury (including that to Tenant's customers, employees, agents or invitees) on the Premises, or in the parking areas, sidewalks and loading areas adjacent to the Premises, occurring or alleged to have occurred during the Term; provided that such liability, loss or costs is not due to the gross negligence or willful act or omission of the Landlord. This Section shall survive the termination of this Sublease. 11. INSURANCE. Tenant shall at all times during the Term continuously maintain, to the extent applicable as reasonably determined by Landlord, (i) commercial general liability insurance with limits not less than $1 million per occurrence, written on an occurrence basis, which insures against claims for bodily injury, personal injury, and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Premises, improvements thereon, and the Property; (ii) Worker's Compensation insurance for all personnel in statutory limits, (iii) business automobile liability insurance with limits not less than $1 million each accident covering owned, hired, and non -owned vehicles used by Tenant, (iv) all risk property insurance (including windstorm coverage) on the Premises, the Improvements and any Alterations in the amount of full replacement cost, (v) aircraft insurance, if applicable, inclusive of aircraft liability, airport liability, contractual liability, independent contractor liability and Premises liability, and (vi) environmental liability coverage with limits not less than $1 million per occurrence or such larger coverage amount as Landlord. may reasonably require if the nature of the operations in the Improvements ma pose a significant risk of environmental liabilities. Tenant agrees to increase auto liability amounts to County -mandated $5 million minimum if operating on Airport operations areas (AOA). In addition, all insurance Tenant shall maintain shall name Landlord and its affiliates, management company, Ground Master Landlord and mortgagee as additional insureds (on a primary and noncontributory basis) and provide thirty days notice of cancellation. A certificate of insurance shall be delivered to Landlord prior to the Commencement Date. Tenant hereby waives any rights of recovery against Landlord for any loss normally covered by fire, extended coverage or all risk insurance, and shall obtain the necessary endorsements from its insurer with respect thereto. Upon the reasonable request of Landlord, Tenant shall be obligated to increase the limits or change or obtain additional insurance. Tenant acknowledges that insurance limits and deductibles may increase due to requirements of Ground -4- Packet Pg. 44 8.B.2.a Master Landlord and agrees to abide by such requirements. 12. UTILITIES. Tenant shall pay promptly and in full for all utilities including but not limited to all electricity, water, sewer, communications, Internet access and trash and garbage removal with respect to the Premises. This includes all deposits, connection fees, tap fees, and demand or reservation fees to with all taxes levied or other charges on such utilities and governmental charges based on utility consumption. Landlord shall not be liable for any interruption or diminution of utility services. In the event of utility "deregulation" Landlord shall choose the service provider. 13. SUBORDINATION. This Sublease shall be subordinate to any Property mortgage or ground lease, including without limitation the Ground Master Lease. Tenant agrees to attorn to any transferee, including any mortgagee under such mortgagee or the Ground Master Landlord as if it were the transferee, as its Landlord; and the Tenant agrees to execute such evidences of attornrnent as the mortgagee or the Ground Master Landlord may from time to time reasonably request. Tenant further agrees that such attornment shall not be terminated by foreclosure; and that the mortgagee or Ground Master Landlord may, at their sole option, accept or reject such attornment. In the event of attornment by Tenant, the mortgagee or Ground Master Landlord shall not be (a) liable for any act or omission of Landlord; or (b) subject to any offsets or defenses Tenant has against Landlord; or (c) bound by prepayment of more than one month's Rent; or (d) be required to account for any security deposit not actually delivered_ to such ground owner or mortgagee; or (e) bound by any modification of this Sublease not approved by it. Tenant shall execute a subordination, non -disturbance and attornment agreement upon ten days notice, provided that such agreement is mortgagee's standard form. Tenant further agrees to provide any mortgagee of the Property written notice of a Landlord default under this Sublease and a reasonable opportunity to cure such default. 14. RULES; SIGNS. (a) Rules. Tenant and Tenant's agents, employees, visitors, licensees, invitees, clients and customers shall comply with the Environmental Requirements attached as Exhibit "B" and all reasonable rules and regulations promulgated by Landlord from time to time which, in Landlord's opinion, shall be necessary for the reputation, safety, care, efficient operation or appearance of the Premises or the Property, provided such rules and regulations are applied in a non-discriminatory manner. Landlord shall not be liable to Tenant for the violation of any said rules and regulations or the breach of any covenant or condition in any lease or sublease by any other tenant, subtenant or assignee, or by the employees or invitees of any other tenant, subtenant or assignee. (b) Sips. Tenant shall install signs or lettering and advertising in compliance with governmental regulations, FAA and Airport requirements, and Property standards after obtaining Landlord's written consent, which shall not be unreasonably withheld. Tenant shall hold and keep current all permits and licenses required by any law or regulation. 15. REENTRY. Lessee acknowledges that Landlord, its agents, or the Master Lessor, shall have the right. to enter the leased premises and the buildings and 'improvements constructed on them at all reasonable hours for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this lease. Landlord shall use its best efforts to not disturb the -5- Packet Pg. 45 8.B.2.a rights or business operations of Lessee, except in the event of an emergency, and give reasonable notice. In the event that any personal property of Lessee shall obstruct access of Landlord to any existing or future utility, mechanical, electrical or other systems, Lessee shall move such property, as directed to Lessor, in order that access may be obtained, and if Lessee shall fail to do so, Landlord may move such property. Lessee shall make every effort to cooperate with Landlord. 16. DEFAULT. (a) As to Rent. If Tenant defaults in the payment of Rent and any sums of money required to be paid by Tenant to Landlord remain unpaid for a period 34 days, then Landlord shall .have all the following options and privileges: (1) Landlord may, after the statutorily required notice, terminate this Sublease. (2) In addition, Landlord may exercise any and all other options available to it, in law or in equity, which options may be exercised concurrently with or separately from the exercise of the above options. (3) If Tenant cures the delinquency after receipt of the tez7nination notice, Landlord shall no longer have the right to terminate the Sublease by reason of such delinquency; provided, however, that the curing of any delinquency in such a manner shall not be construed to limit or restrict the right of Landlord to declare the Sublease tenninated and enforce all of its rights and remedies for any other (including any subsequent) delinquency not so cured, (b) As to Other Provisions of the Sublease. If Tenant defaults (i) in the observance of any ordinance, law or regulation or any term, covenant or condition of this Sublease or other agreement with Landlord and fails to remedy, or commence to remedy (and diligently pursue until completion), such default within twenty days after notice; or (ii) in subletting or assigning this Sublease without consent; then, Landlord may give Tenant the statutorily required notice of Sublease termination, if any, and Tenant shall remain liable for damages and Rent due hereunder. If Tenant defaults two times in any six-month period, Landlord may serve notice of Sublease termination without giving Tenant an opportunity to cure such default. (c) No Waiver. Landlord's failure to enforce one or more of its rights under this Sublease, in the law, or in equity, shall not be construed as a waiver or limitation of Landlord's ability to subsequently enforce any of its rights. (d) Tenant Bankruptcy. Upon the appointment of a receiver or an assignment of assets for the benefit of creditors, or action taken by Tenant under any bankruptcy or other debtor relief act, this Sublease shall automatically terminate without notice. 17. REMEDIES. If this Sublease shall terminate due to a default by Tenant, then Tenant shall pay all Rent until termination and, as damages, any deficiency between the future Rent herein and the rent collected under any re -letting, net of all expenses. Landlord may elect not to terminate this Sublease but to (i) recover the Rent as the same becomes due or, in advance, the present value of the future Rent and/or (ii) cure the default of Tenant and recover from Tenant M Packet Pg. 46 8.B.2.a the cost of such cure plus interest at the rate of two percent (2%) per month until paid. After termination due to such default, Landlord may reenter the Premises, dispossess Tenant from the Premises thereon and remove all personal property without releasing Tenant from any obligation, including payment of Rent. Tenant and Tenant's creditors waive all rights to file claims for damages resulting from such reentry and expulsion, or to reenter or repossess the Premises, after Tenant shall have been dispossessed by any judgment. 18. QUIET ENJOYMENT. Landlord warrants that it has the authority to enter into this Sublease and that Tenant, while paying Rent and performing its other covenants and agreements shall peaceably and quietly have, hold and enjoy the Premises without hindrance.from Landlord. 19. CASUALTY. If the Premises or access thereto shall, at any time during the Term hereby created or any renewal thereof, be damaged or destroyed, (i) this Sublease shall continue in full force and effect, (ii) Tenant shall be obligated to rebuild on the Premises, with reasonable promptness, the Improvements and Alterations that existed on the Premises prior to the date of said casualty, and (iii) Rent shall continue unabated. The provisions of this Article shall be subject and subordinate to the Ground Master Lease on the Premises or Property. 20. EMINENT DOMAIN. (a) Tennination on Material Takin. If possession of any material part of the Premises or Improvements is taken under the power of eminent domain, or conveyance in lieu thereof, either party may terminate this Sublease within thirty days of such taking. Landlord shall be entitled to any condemnation award with respect to its interest in this Sublease and the Ground Master Lease, and Tenant shall be entitled to any condemnation award with respect to the Improvements, its interest in this Sublease and dislocation damages. For purposes of this Section, "material part" shall mean forty percent or more of the square footage of the Premises. (b) Termination on Non -material Takin . If less than forty percent of the square footage of the Premises is taken under the power of eminent domain, or conveyance in lieu thereof, and if, in Tenant's opinion, the remainder of the Premises is in a location, or in a form, shape or reduced size that makes it impossible for Tenant to effectively and practicably conduct its regular activities on the remaining Premises, then Tenant shall so notify Landlord in writing no later than 30 days after receiving notice of approval of the taking, and this Sublease shall terminate on the date title to the portion of the Premises being taken vests in the condemning authority. If Tenant fails to timely notify Landlord, then Tenant will be deemed to have determined to remain on the Premises, and the Sublease will remain in effect subject to provisions of paragraph (c) below. Landlord shall be entitled to any condemnation award with respect to its interest in this Sublease and the Ground Master Lease, and Tenant shall be entitled to any condemnation award with respect to the Improvements, its interest in this Sublease and dislocation damages. (c) Continuation with Rent Abatement after Non -material Takin . If less than forty percent of the square footage of the Premises is taken under the power of eminent domain, or conveyance in lieu thereof, and if, in Tenant's opinion, the remainder of the Premises is in a location, or in a form, shape or reduced size that permits Tenant to continue to effectively and practicably conduct its regular activities on the remaining Premises, this Sublease shall terminate as the portion of the Premises taken as of the date title to the portion of the Premises being taken vests in the condemning authority. However, this Sublease shall continue in full force and effect -7- Packet Pg. 47 8.B.2.a as to the remaining Premises. From and after the date title to the portion of the Premises being taken vests in the condemning authority, the Base Rent required to be paid by Tenant shall be reduced proportionally and shall be calculated in accordance with the Base Rent formula shown on the Reference Page, as such Base Rent may have been increased pursuant to paragraph (a) of Article 3. 21. SALE BY LANDLORD. If the Landlord's interest in the Ground Master Lease is sold, Landlord shall be released from any future liability under this Sublease and Tenant shall look solely to Landlord's successor. Except as set forth in this Section, this Sublease shall not be affected by any such sale. 22. ESTOPPEL CERTIFICATES. Within ten days of request, Tenant shall deliver to Landlord or any prospective landlord or mortgagee a statement_ certifying (a) the Tennination Date; (b) that this Sublease is unmodified except as specified; (c) the date to which Rent has been paid; (d) that there are no defaults of Landlord's obligations except as specified; and (e) financial, environmental and other information as reasonably requested. 23. TITLE TO IMPROVEMENTS UPON TERMINATION. Upon the termination of this Sublease for any reason whatsoever, Tenant hereby surrenders to Landlord all of Tenant's right, title and interest in the Improvements, and such right, title and interest shall vest in Landlord. Such vesting in Landlord shall be self -operative without the need for any further documents or instruments, but Tenant shall, upon request, execute and deliver to Landlord such documents or instruments as Landlord may reasonably request to confirm the foregoing. No compensation shall be due and payable to Tenant in connection with the transfer of Tenant's right, title and interest in the hmprovements. 24. SURRENDER OF PREMISES. Upon termination of this Sublease, and pursuant to the Landlord's Master Lease with the Master Lessor, Tenant shall peaceably and quietly leave, surrender and yield up unto Landlord all of the Premises and Improvements. The provisions of this Article 24 shall survive the termination of this Sublease. 25. NOTICES. Notices shall be sent by hand delivery, overnight courier, Certified Mail, or by fax with a confirmation of delivery followed by a copy sent by regular mail, using the addresses set forth on the Reference Page or such replacement address as has been provided by one party to the other in accordance with the terms hereof, and shall be deemed given upon delivery or refusal of delivery. Notices may include, but not limited to, monthly rent invoices, notices of area construction or work, notices of County `Master Lessor', or general Airport Management correspondence from time to time. 26. FORCE MAJEURE. Landlord and Tenant shall be excused for any delay and shall not be in default with respect to the performance of any of the terms or conditions of this Sublease when prevented from so doing by a cause beyond their control. This Section shall not apply to the timely payment of Rent and/or Additional Rent. 27. MISCELLANEOUS. (a) Headings. The headings herein are for convenience and in no way describe the scope or intent of any Section. _g_ Packet Pg. 48 8.B.2.a (b) Indemnification or Insurance of Landlord. Any indemnification or insurance for the benefit of Landlord shall include Landlord's lenders, trustees, directors, officers, shareholders, members, agents, affiliates, employees and ground owner. (c) Construction. The terms person, Tenant and Landlord or any pronoun used in place thereof shall include the masculine or feminine, the singular or plural number, individuals, firms, and corporations according to the context hereof. (d) Severability. No determination by any court or other governmental authority that any provision of this Sublease is invalid or unenforceable in any instance shall affect the validity or enforceability of (i) any other provision of this Sublease, or (ii) such provision of this Sublease in any circumstance not controlled by such determination. Each provision of this Sublease shall be valid and enforceable to the fullest extent allowed by, and shall be construed whenever possible as being consistent with, all applicable laws. (e) Time. TIME IS OF THE ESSENCE for this Sublease and all of its provisions. Any time period which shall end or expire on a Saturday, Sunday or legal holiday shall be deemed extended to the next day which is not a Saturday, Sunday or Iegal holiday. (f) Negotiated Document. This Sublease has been freely negotiated between the parties and in any controversy over the interpretation of anything contained herein, there shall be no presumption or conclusion drawn against either party by virtue of that parry having drafted that section of the Sublease- (g) Limitation of Liability. Tenant shall look solely to Landlord's equity in its interest in the Property for satisfaction of any judgments or awards. (h) Entire Agreement. This Sublease represents the entire agreement between the parties as to the subject matter hereof and supersedes any previous understanding or agreement of the parties. (i) Amendment. This Sublease may not be modified except in writing, signed by the parties and duly recorded. v) Governing Law. This Sublease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida, without regard to its conflicts of laws provisions. (k) Attorneys' Fees. If any party is required to resort to litigation to enforce its rights under this Sublease, the parties agree that any judgment awarded to the prevailing party shall include all litigation expenses of the prevailing party, including (without limitation) actual attorneys' fees and court costs ("Award"). If the Landlord is the prevailing party, the Award shall be deemed Additional Rent hereunder and shall be due from Tenant on the first day of the month following the month in which the Award was determined. If Tenant is the prevailing party, the Award may be deducted from the next rental payment(s). (1) Third Party Beneficiary. Ground Master Landlord (and including its successors and Packet Pg. 49 8.B.2.a assigns), is a third party beneficiary of this Sublease. (m)Further Assurances. The parties hereto agree that they will execute such other and further documents as may be necessary and/or required to effectuate the terns, provisions, conditions and covenants of this Sublease. (n) No Partnership. Notwithstanding anything contained herein to the contrary, it is not the intention, of the parties hereto to create under any circumstances a partnership or a joint venture. The rights, duties, obligations and liabilities of Landlord and Tenant hereunder are separate and not joint or collective, and nothing herein shall ever be construed to create a partnership or joint venture under the laws of the State of Florida. (o) Counterparts. This Sublease may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Copies (facsimile or original) of signatures to this Sublease shall be deemed to be originals and shall be binding to the same extent as original signatures. 28. FUEL. During the Term hereof Tenant shall, and shall cause anyone else who uses the Premises, to purchase from Landlord (and its assigns) all fuel, if available and if fueling is conducted on the Premises. This provision is a material consideration in Landlord's execution of this Sublease. 29. WAIVER OF JURY TRIAL. Landlord and Tenant hereby waive trial by jury in any proceeding brought against each other. Any legal proceedings shall be governed by the laws of the State in which the Property is located and tried in the court system in such state. 30.NONRESPONSIBILITY OF LANDLORD. There shall be no abatement from or reduction of the Rent due hereunder regardless of the reason or cause. Tenant shall not be entitled to damages, costs, losses or disbursements from Landlord regardless of the cause or reason therefore, except where the claim for such damages, costs, losses or disbursements arises directly and solely from a breach by Landlord of this Sublease. In no event shall Landlord be liable for indirect, incidental, consequential, special or exemplary damages, whether in contract or tort. Tenant shall have no claim of any nature whatsoever against Landlord, no abatement or reduction of rent, and no recovery by Tenant from Landlord on account of partial or total failure of, or damage caused by (a)' lessening of supply of, or stoppage of, heat, air-conditioning, electric light, power, water, plumbing, sewerage, elevators, or any other service, (b) any damage or annoyance occasioned by water, snow, or ice being upon or coming through the roof, skylight, trapdoors, windows, or otherwise, (c) any defect or break in any pipes, tanks, fixtures, or otherwise whereby steam, water, snow, smoke or gas, leak, issue or flow into the Premises, (d) any damage or annoyance occasioned by the condition or arrangements of any electric or other wiring, (e) any damage or annoyance arising from any acts, omissions, or negligence of owners or occupants of adjacent or contiguous property, or (f) the making of major repairs, alterations, repairs, improvements, or structural changes to the Property, or any thing or service therein or thereon or contiguous thereto provided the same shall be made with reasonable expedition. -10- Packet Pg. 50 8.B.2.a 31. GROUND MASTER LEASE; APPROVAL OF GROUND MASTER LANDLORD. (a) Ground Master Lease. Tenant is cognizant of the terms and conditions of the Ground Master Lease, and hereby covenants and agrees that its use and occupancy of the Premises hereunder and Improvements thereon shall be subject to all the provisions of the Ground Master Lease (as may be amended from time to time) and that it will not do or omit to do or permit to be done or omitted to be done any act or thing over which Tenant has control if such act, thing or omission would constitute a breach of any covenant in the Ground Master Lease on the part of Landlord to be performed and observed. Landlord shall not require the consent of Tenant to amend the Ground Master Lease, and Tenant hereby waives any right it may have to give any such consent or consents, provided that such amendment does not reduce the term, impose any increased material obligation on Tenant or materially diminish any of its rights. Except as otherwise provided, all of the terms and conditions of the Ground Master Lease shall be incorporated herein as if Tenant were the tenant thereunder and Landlord were the landlord thereunder. Tenant hereby indemnifies Landlord against all claims, damages, costs, and expenses arising out of its nonperformance or nonobservance of any terms of the Ground Master Lease. (b) ApprovaI of Ground Master Landlord. The Ground Master Landlord has approved this Sublease, and further conditions this Sublease upon the Tenant complying with all the terms, conditions, rules, regulations, and directives issued or adopted with respect to the Property. This Sublease is subordinate to the terms of the Ground Master Lease. 32. SECURITY. Tenant, and its employees, invitees, guests, and contractors must abide by those security regulations, policies and procedures (applicable at any time during the Term) ("Security Policies and Procedures") of the Landlord, the Airport, Federal Aviation Administration, the Transportation Security Administration, or any other applicable goverm-nental or regulatory body, promulgated from time to time. Tenant shall indemnify, protect, hold harmless, and shall defend at its own expense, the Landlord and Landlord's mortgagees from time to time against any and all loss, claims and demands made by or arising in connection with Tenant's failure to comply with any applicable Security Policies and Procedures. The provisions of this Section shall survive the expiration or earlier termination of this Sublease. (Signatures begin on following Page -11 Packet Pg. 51 8.B.2.a IN WITNESS WHEREOF, the parties have executed this Sublease as of the Effective Date. WITNESSES: 1W1►113KO-130 Fort Pierce FBO, LLC a Florida limited liability company By: Nan Tith APP Properties, Inc., STATE OF /M ss: COUNTY OF SC , L Q c / ) BEFO ME, the undersigned authority, personally appeared 4,;4jklrWvde�A� f-0 4£APl? Properties, Inc., Managing Member of Fort Pierce FB , LLC, a Florida limited liability company, who is known to me or proven to me by satisfactory identification, as the person who signed the foregoing instrument, and acknowledged the same on behalf of the limited liability company on this day of Ua t-,W im My Commission Expires: ..''I JOHN STEPHEN TIERNEY III MY COMMISSION # FF 978861 EXPIRES: Apr+! 20, 2020 %''e o� gandedThra Nolary Pubi'sc tlnderwdtere -12- Packet Pg. 52 8.B.2.a l� STATE OFF TENANT: Name: D6 i5 i7 i'�� C t�c�t�G1-cL Title: Lu o L ,.e r _ ) ss: COUNTY OF _� �.c> e� ) BEFORE ME, the undersigned aui4Qrity, person lly appeared as !COL n DzC (- of �2fens .. Feu ,{ V,cd-, L-(�,ho is known to me or prove to me by satisfactory identification, the person who si , ed the foregoing instrument, and acknowledged the same on be if of the cuporation on this day of , 2011. tary P li .mr�".., JOHN STEPHEN TIERNEY III My Commission Expires: '� MY COMMISSION # FF 978861 EXPIRES; April 20, 2020 Bonded Thru Notary Public Underwfiters -13- Packet Pg. 53 8.B.2.a fyffAm m m�81 rm Z zcAo Zn Zrn. z* �m>rmZ` p�bEzr=B O�zm �xm ra� y9°_r=*sZ m 'aonn i -0 zam�n m � s n conym msm cz ny�y © m zmroz ci a m m Qm rm T��m yr ca co N�v� m o>m m m m .i 11 nm �m m ro..,m m 'm -z zr a �N Z. 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N - H YA ^h fn'1> '-'j .> a�>m--N -Z i _ Q m OZ x� Z"R,-f m55Xm,MoMr m >o- m•L--- � C>'�O>x--An "N _:�zz � m mpIt+l JZ ��.om�2 =K0 00�70>mY z71 m in non C"z� m noT � yrl --10 �= -4zz ov az.ro�ovg �`-'aoo' y�°> ��et�� -O Ln O0 OU��m1 N•fi , -4�A�LncOmz:M-f, Vl {�11D p55z CZ -in LM -0 ;0 T miff Dm,n',wOUp r_ �OO�0OZ `m ~m aS m LO Pr y.C) {Il� �r CA Z �m �p no >0xzzyKx .Z >>oQ.<rm=m ,woO�o=zn>A 20:�N -00 M CD r mACON r 0a mn' >_O �m ='K>C37jmzNm t' rrl € mL'rrtwo Zq ZaCC >CX>LnQ m ranz oi=m'dno �a-=m mo tn en o p o o rnp,P u m- mi�c��mro�n 4 znC�ao>- L o szmMm mou n0 C., -'0 -_-4 "C�Z�OmoO nC 52 ymu;n 0Z , ? -izmm- >7�0rZ>`=nv{iy Z C4 m> hi0 tpi�zp� ~rnz C��7 iO'm» -tm "CCiyy {Nm'� q p'�@ m V> R�p�Tr ;"��. >>1 mm �2 O m Oe r" c� C z NN � m � Iiiii?IE4-i'IOTI - DATE v+EU-UMM �� rt LEGAL DESCRIPTION OF PARCEL 4 . Its ;es, Inc, 57. LUCIE COUNTY INTERNATIONAL AIRPORT 2 OF 2 Io-uaan r�p �m xn sngs, a+�[ boa w:a rcx. n s�.w Pp6�EC7 x0. 3 ST- LUCIE COUNTY, FLORIQA I Packet Pg. 54 % r. T=14217' L�282.45' CH=281.51' .Eo 0 Lo n No -0- _C_ "LUOEPORT 1989" PRIMARY AIRPORT L CONTROL STATION IF 1� "LU09PORT AZ MI(19.69" SECONOARY AIRPORT CONTROL STATION -.0 O. B_ PARCEL I 93.00' GRAPHIC SCALE 200 0 iDD 2 DU Wes) I inch 200 fLL FARC:8_ 1 644,339 -SQ. FT, 14,79 ACRES f LINE TABLE LINE LENGTH BEARING 61-00 S02!08131-w L2. 100-00 N45-17'31'E F, 'Al R E N87-51'2 ::i NST51'29"'�5j NE-LCHARI ]F=,l CENTERUNE EDGE 05 PAVEMENT PARCEL BOUNDARY Zt�.by thi7 ,.,R_d .f P_f_;_6 L-e.%w-,— 6701-F F?1114� A4l-WlftMbW Cfid� P­f 16 S.lh« 472.W7, T'/W = TAXIWAY n.,;,, S6161t- agar mb do­i, ­j P.O.D. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT So. FT. - SQUARE FEET DA M- CENTERLINE trot vwa wra0VT WE s AAW WE owr Al RAarD MA L el, trx ALWQA LICM�aM $tRW_7ZR .ate 44ARFM AWiE Kviey4iom. OM Assqp6iates. lim. . 1 SKETCH OF PARCEL I lllt-_Tl,_,. — ET wwam s" ST. LUCIE COUNTY INTERNATIONAL AIRPORT 1 OF2 C44721017 S —1. LUCIE COUNTY, FLORIDA 0 U)0 0 rn Cn mL. Im a m m r_ 0 rL m CD T" 7t_ I Packet Pg. 55 - ---------------------------- - : oirc,v -Ln I r-�?'i -r. , PARKIM IAIRPORT ACCESS E-DoALr) rT STOP BAZ a�IGI.JUNDER CON 540- a 0 np PTF-:n 0 SHEET 2 f, , V, 0 f. Ll 1 Ijt1 71) LLI x (D m a y � X 3: A CV) C4 rl cm C? JA co 366� 78 -X: J 60 Packet Pg. 56 8.B.2.a EXHIBIT B ENVIRONMENTAL REQUIREMENTS Tenant shall operate its business on the Property and maintain the Premises (for purposes of this Exhibit Premises includes any improvements thereon) in compliance with all federal, state and local laws, regulations, and requirements relating to the discharge of air pollutants, water pollutants or wastewater or otherwise relating to the environment or "Hazardous Substances" ("Environmental Laws"). The term "Hazardous Substances" means all hazardous or toxic substances, materials or wastes, including but not limited to, those substances identified as "hazardous substances" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time; any oil or petroleum products; asbestos, PCBs; and any substances, materials or wastes that are or become regulated under Environmental Laws. Tenant shall make reasonable efforts not to use propane -fueled forklift trucks but if they are used, shall regularly monitor air quality to insure compliance with all applicable health standards. Tenant shall give Landlord prompt written notice of any instituted or threatened action, proceeding or claim alleging a violation of Environmental Laws or Hazardous Substances contamination at or affecting the Property_ Tenant shall also give Landlord prompt written notice of any condition or occurrence at the Property which constitutes a violation of Environmental Laws or would justify a demand for removal or remediation under Environmental Laws. Within ten (10) days of request, Tenant shall execute and deliver to Landlord or any prospective landlord or mortgagee a statement certifying: (1) the Hazardous Substances previously used or then in use by Tenant at the Property; (2) that Tenant has obtained and maintained in full force and effect all permits and approvals required under Environmental Laws for the conduct of Tenant's business at the Property and providing copies of those permits and approvals; (3) that Tenant has no notice or knowledge of the presence of Hazardous Substances on the Property that could form the basis for cleanup, remedial, removal or restoration work under Environmental Laws, - and (4) such other environmental or related information as reasonably requested. H Tenant breaches its obligations under this Article, or if the presence of Hazardous Substances on the Property caused or permitted by Tenant results in contamination of the Property or increases Landlord's cost of renovating and/or repairing the Property, or if contamination of the Property by Hazardous Substances otherwise occurs for which Tenant is legally responsible, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, shareholders, employees and trustees or its agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitations, diminution in value of Property and sums paid in settlement or defense of claims, attorneys' fees, consultant fees and expert fees) which arise before or after the Sublease termination as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitations, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by an federal, state or local government agency or political subdivision or private party. Without limiting the foregoing, if the presence of any Hazardous Substances on the Property caused or permitted by Tenant results in any contamination of the Property, Tenant, at its sole expense, shall promptly take all actions necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Substances to the Property. Landlord shall not cause or intentionally allow the presence of Hazardous Substances in the Premises that would be in violation. of Environmental Laws. Landlord agrees to indemnify, defend and hold Tenant, its officers, directors, partners, shareholders, employees and agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise from the presence of Hazardous Substances in the Premises if caused by Landlord, its employees, agents or contractors. This indemnification of Tenant by Landlord includes, without limitation, costs in connection with any investigation. of site condition on any cleanup, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision or private party. The foregoing indemnity and obligations shall survive the expiration or earlier termination of this Sublease. Landlord and its agents shall have the right, but not the duty, to inspect the Property at any time to determine whether Tenant is complying with the terms of this Sublease. C Packet Pg. 57 8.B.2.a CONSENT OF GROUND MASTER LANDLORD Ground Master Landlord hereby consents to this Sublease and all terms and provisions hereof and represents to Landlord and Tenant that to Ground Master Landlord's actual knowledge (a) the Ground Master Lease is in full force and effect; (b) neither Ground Master Landlord nor Landlord is in default under any of the terms, covenants, or provisions of the Ground Master Lease; (c) no event has occurred and no condition exists which, with the passage of time or the giving of notice or Loth, would constitute a default by Ground Master Ground Landlord or Landlord under the Ground Master Lease; and (d) the party executing this Consent on behalf of Ground Master Landlord has the authority to consent to this Sublease. Ground Master Landlord recognizes this Sublease and agrees that (i) neither Tenant's right of possession to the Premises nor Tenant's rights under this Sublease shall be affected or disturbed by Ground Master Landlord, and (ii) Tenant shall not be deprived of its rights under this Sublease for any reason so long as no event has occurred and then continues to exist for such period of time (after any notice required by this Sublease) as would entitle Landlord to terminate this Sublease. IN WITNESS WHEREOF, Ground Master Landlord has executed this Consent as of this day of , 2017. WITNESS: Deputy Clerk GROUND MASTER LANDLORD: St. Lucie County, Florida By: _ Name: Title: APPROVED AS TO FORM AND CORRECTNESS County Attorney Packet Pg. 58 8.B.2.a STATE OF FLORIDA } ) ss: COUNTY OF ST. LUCIE } BEFORE ME, the undersigned authority, personally appeared as Chairman of the Board of County Commissioners, St. Lucie County, a political subdivision of the State of Florida, who is known to me or proven to me by satisfactory identification, the person who signed the foregoing instrument, and acknowledged the same on behalf of the subdivision on this day of , 201_ My Commission Expires: Notary Public IM Packet Pg. 59 8.B.3 ITEM NO. (ID # 4192) TO: PRESENTED BY: SUBMITTED BY: ci miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners John Wiatrak, Airport Manager St. Lucie County International Airport Division DATE 03/07/2017 *CONSENT AGENDA\ADMINISTRATION To Approve AECOM Technical Services, Inc. Work Authorization #04 for the Rehabilitate Taxilane D1 Design and Related Work Project This agenda request is for Board approval of AECOM Work Authorization No. 04 for services related to the Treasure Coast International Airport Taxilane D1 and Related Work Project. The scope of services for this project includes research and review of the existing Taxilane D1, regulations for new taxilane construction, a review of all environmental and site work needed, and all other tasks associated with the design, bid, and award phase of this project. All associated work is to be completed 210 days after AECOM is issued a Notice to Proceed. The Scope of Services provided by AECOM includes services for a lump sum amount of $64,685.05. This project was identified in the 2011 Airport Master Plan, approved under the FY 2017 budget and is fully funded with an 80% grant from Florida Department of Transportation with a 20% local match share. PREVIOUS ACTION: 12/15/2015 - Board accepted FDOT Joint Participation Agreement (JPA) for this project FINANCIAL IMPACT: 140-4220-531000-48019 — Infrastructure — Consulting Engineer RECOMMENDATION: Staff recommends Board approval of AECOM Technical Services, Inc. Work Authorization No. 04 for services related to the design, bid, and award of the Treasure Coast International Airport Rehabilitate Taxilane D1 and Related Work Project for a lump sum cost of $64,685.05 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 60 Coordination/Signatures ianiey'S. McIntyre, CAtorney 2/23/2017 Updated: 2/24/2017 4:28 PM by Katrina Slay Page 2 Packet Pg. 61 8.B.3.a AECOM Technical Services, Inc. 7650 W. Courtney Campbell Causeway, Tampa, FL 33607 Phone:813-286-1711 Fax:813-287-8591 www.aecom.com February 15, 2017 Mr. John Wiatrak, C.M., ACE Airport Manager Treasure Coast International Airport and Business Park 3000 Curtis King Blvd. Ft. Pierce, Florida 34946 AECOM RE: Professional Airport Engineering Services for the Design, Bid, and Award to Rehabilitate Taxilane D1 and Related Work at Treasure Coast International Airport and Business Park (FPR) Scope and Fee Proposal for Design, Bid and Award Services Dear Mr. Wiatrak: AECOM Technical Services, Inc. (AECOM) appreciates the opportunity to submit this proposal to provide professional airport engineering services for the design, bid and award services to Rehabilitate Taxilane D1 and Related Work. AECOM will perform the Scope of Services described in the attached Exhibit "A" and in accordance with the proposed schedule described in Exhibit "B" for the following lump sum fees: Rehabilitate Taxilane D1 - Fees Summary Preliminary/Design Development (50%) $40,206.51 Construction Documents (100%) $18,641.74 Bid and Award $5,836.80 Total Lump Sum Fee $64,685.05 The attached Exhibit "C" shows a sketch of Project limits. The attached Exhibit "D" details our staff -hour estimate and fee proposal for the Project. Exhibit "D" also provides the subconsultant proposals and their respective fee breakdowns. We are available at your convenience to answer any questions you might have with the development of this proposal and look forward to working with you on this project. Sincerely, A=Com Andy Kacer, PE Associate Vice President Packet Pg. 62 8.B.3.a AECOM Technical Services, Inc. Rehabilitate Taxilane D1 and Related Work - Scope and Fee SCOPE OF WORK 1. DESCRIPTION OF THE PROJECT The St. Lucie County Aviation Department (SLCAD) has requested that AECOM Technical Services, Inc. (AECOM) develop construction documents and assist with Bid and Award to Rehabilitate Taxilane D1 and Related Work Project (Project) at Treasure Coast International Airport and Business Park (FPR). The proposed preliminary airfield improvements can be seen in the attached Exhibit C and consists of: • Removal of a portion of existing Taxilane D1; • Installation of a new Taxilane connector between the existing Taxiway A and existing Taxilane D1; • New centerline pavement markings for proposed and existing Taxilane D1 and the Sheriff's Apron helipads; • Relocation of the existing Air Rescue and Fire Fighting Facility (ARFF) fence outside of object free area of the proposed Taxilane. • Mill and overlay portions of intersection between Taxiway D and the new Taxilane D1; and, • Full depth patch repair of a 140 feet x 18 feet area at the Experimental Aircraft Association (EAA) hangar entrance/Taxilane D1 intersection. AECOM shall include the following additive alternate options for surface treatment associated with existing Taxilane D1 (east/west section that is 24' wide). i. Additive Alternate No. 1 — includes construction documents to apply asphalt surface treatment along Taxilane D1. ii. Additive Alternate No. 2 — includes construction documents to apply asphalt surface treatment on the Sheriff's apron. The existing Taxilane D1 is 24 feet wide and not compliant with the current Federal Aviation Administration (FAA) Advisory Circular 150-5300-13A Change 1 Airport Design Standards for minimum taxiway width for Taxiway Design Group 1 aircraft of 25 feet. The new taxiway/taxilane connector will meet the 25 feet minimum design width, but the remainder of Taxilane D1, east/west portion, will remain at it existing width. The taxilane entrance to the EAA Facility was originally a service road that was repurposed into a taxilane. This taxilane is approximately 18 feet wide and will remain non -compliant with the current FAA taxiway/taxilane design standards. The existing departure surface for Runway 1OR requires an end around taxiway as described in the FAA AC 150-5300-13A Change 1, Section 415. Taxilane D1 is not an end around taxilane, but it does impede upon the departure surface of Runway 1 OR past the runway threshold. In order to mitigate this penetration of the departure surface Section 415 of the FAA AC 150-5300- 13A will be used as a design baseline. A=COM Page 2 Packet Pg. 63 8.B.3.a AECOM Technical Services, Inc. Rehabilitate Taxilane D1 and Related Work - Scope and Fee 2. CONTACT INFORMATION Client/Owner: Mr. John Wiatrak, C.M., ACE Airport Manager Treasure Coast International Airport and Business Park 3000 Curtis King Blvd. Fort Pierce, Florida 34946 Design Professional: Bunti Patel, PE Senior Project Engineer AECOM Technical Services, Inc. 7650 W. Courtney Campbell Causeway, Tampa, FL 33607 3. BASIC SERVICES A. PRELIMINARY/50% DESIGN PHASE Design Kick -Off Meeting Upon issuance of a notice -to -proceed AECOM will facilitate a design kick-off meeting with all subconsultants to review the project deliverables and schedule of deliverables. During this meeting, AECOM will describe the protocol to be adhered to by all team members during the development of the project. At the onset of the Project, AECOM will prepare a project directory list for the Design Team. Review of Record Documents The AECOM Team will review existing record documentation, including plans, studies, and permits on file with FPR, the South Florida Water Management District (SFWMD), and the Fort Pierce Farms Water Control District (FPFWCD). These record documents will be reviewed in order to obtain data related to: • Pavement type, thickness, and age; • Existing underground utility locations and type; • Lighting, signage and electrical; • Geotechnical data; and • Prior permitting data. Site Evaluation The AECOM Team will perform a site evaluation that includes an evaluation of the condition of the lighting, the signage, and the electrical system. The AECOM Team will also evaluate the grassed areas, the drainage system, and other above ground features within the entire project area. AECOM will also examine the presence of the above ground features for evidence of possible underground utilities that were not identified in the record documents available from the FPR. J co Page 3 Packet Pg. 64 8.B.3.a AECOM Technical Services, Inc. Rehabilitate Taxilane D1 and Related Work - Scope and Fee Pavement Condition Evaluation AECOM will perform an analysis of the pavement conditions of Taxilane D1 east of Taxiway Al. Based on this evaluation the Team will determine the location of where our proposed geotechnical data acquisition should be and prepare a summary of the condition of the existing pavement. Topographic Survey Culpepper and Terpening (C&T) will perform the surveying services for this contract. The major components of the survey include the following items: • Establishing primary horizontal and vertical project control for this project. • Horizontal control to be based on Florida State Plane Coordinate system. • Benchmark elevations to be based on NAVD88 unless otherwise directed. Establish permanent site benchmarks for future use. • The topographic survey will provide locations using conventional methods to obtain elevations and coordinates for the existing site features that are located within the project limits as depicted in Exhibit C. • Provide the design (topographic) survey data within the pavement project areas, which includes locating topography within the project site area at approximate 25- foot longitudinal spacing, sufficient to produce a digital terrain model and contours at a 0.2-foot interval. Cross-section intervals less than 25 feet may be required when necessary to define edges of pavement, abrupt changes in grade, boundary limits etc. • Provide the design (topographic) survey data within the earthwork project areas, which includes locating topography within the project site area at approximate 50- foot longitudinal spacing, sufficient to produce a digital terrain model and contours at a 0.2-foot interval. Cross-section intervals less than 50 feet may be required when necessary to define swales, ditches, brush -lines, edges of pavement, abrupt changes in grade, boundary limits etc. • Provide detailed topographic survey of site areas, including selected storm drainage structure details and elevations. All pipe inverts and top of structures elevations to be recorded to nearest 0.01'. • Provide existing pavement edges, taxiway edge lights, taxiway signs and concrete pads will be located and shot to the nearest 0.01'. • Provide the layout and characteristics of all pavement centerline markings within the survey boundary. • Provide storm sewer and drainage structures located will include size and invert information at structures. • Subsurface Utility Locations will not be a part of this proposal. • Following the geotechnical field work, C&T will locate the geotechnical testing locations. • Provide all final digital files in an AutoCAD format. • Perform the work in accordance with Federal Aviation Administration (FAA) and FDOT requirements. • Provide all survey work in accordance with the Minimum Technical Standards set forth by the Florida Board of Surveyors & Mappers in Chapter 61G17-6, F.A.C. pursuant to section 472.027 Florida Statutes. • All work will be completed under the direct supervision of a Professional Surveyor and Mapper licensed to practice in the State of Florida. Page 4 AECOM Packet Pg. 65 8.B.3.a AECOM Technical Services, Inc. Rehabilitate Taxilane D1 and Related Work - Scope and Fee Geotechnical/Subsurface Investigation Program Terracon Consultants, Inc. (Terracon) will conduct the geotechnical investigation. AECOM will coordinate the efforts of Terracon in the execution of their work. The locations of two (2) 10-foot deep Standard Penetration Test (SPT) borings, two (2) Limerock Bearing Ratio (LBR) borings, and six (6) pavement cores will be identified during the site evaluations phase. Core data will include the thickness of the limerock base or other base materials as appropriate. Terracon will operate in close collaboration with AECOM, FPR, and the Air Traffic Control Tower (ATCT) as needed to schedule and carry out their field investigations discussed in this section. This effort will ensure that the proposed test locations do not conflict with any underground electric utilities or FAA communication facilities. Taxiways, as required, will be closed in accordance with current FAA guidelines as appropriate to ensure the safety of the traveling public and the geotechnical field crews. Terracon soil engineers will visually examine the recovered soil and rock samples and classify them in accordance with American Society for Testing and Standards (ASTM) procedures for that purpose. Laboratory testing will be conducted to provide the basis for classification. Boring logs will be drafted for presentation as page logs appended to the geotechnical report for inclusion with the design documents. The field and laboratory data will be incorporated into a Geotechnical Engineering Report which will become part of the construction documents. The report will include assessments of the encountered subsurface conditions, their implications for the proposed construction and recommendations as appropriate for design of the taxiways, connectors, ponds and related facilities. The report be signed and sealed by a Professional Engineer registered in the state of Florida. Pavement Design (AECOM) AECOM will develop pavement section(s) for each pavement feature that will be based on the existing soil conditions and the anticipated fleet mix that will be utilizing the new apron. The pavement design will be based on the current version of FAA Advisory Circular 150/5320-6E Airport pavement Design and Evaluation. The current criteria for Airport Pavement design and evaluation is outlined in FAA Advisory Circular 150/5320-6E and utilizes the FAARFIELD pavement design software. This project includes geotechnical efforts to provide a sound pavement engineering design with spaced testing. The type and spacing of the testing is geared towards a pavement design and cannot always accurately identify whether pockets of organic or other undesirable materials such as waste products are located within the project area. Grading AECOM will prepare the pavement grading and drainage plans in accordance with the latest FAA standards. Longitudinal profiles and transverse pavement slopes will be designed in accordance with FAA Advisory Circular 150/5300-13A Airport Design. Outside of the pavement area, the grass areas will be graded to conform to TSA and TOFA grading criteria as outlined in FAA AC 5300-13A Airport Design. The existing drainage system within the vicinity of the project will be examined and adjustments will be made to ensure that the system is structurally adequate and that the conveyance pipes are in good shape. The proposed drainage design will take into account FAA, South Florida Water Management District (SFWMD), and Fort Pierce Farms Water Control District (FPFWCD) criteria. Page 5 AECOM Packet Pg. 66 8.B.3.a AECOM Technical Services, Inc. Rehabilitate Taxilane D1 and Related Work - Scope and Fee Drainage Design AECOM will prepare the applicable drainage plans, calculations and permit modification (if applicable) for this project. The drainage work effort will include data collection, storm water design and plans production, storm water management system design and modeling, drainage report, SFWMD permit applications and FPFWCD permit application. The ARFF treatment pond north will be modified to accommodate the proposed Taxilane D1. Permitting The project will only require a "Permit Modification" of existing permit with the SFWMD and the FPFWCD. AECOM will prepare, submit and monitor all permitting related aspects of this project. This project will be adding new and removing existing pavement areas. The project is anticipated to create a net credit, reduction in impervious area. ARFF Fence Improvements The ARFF fence north of the facility shall be relocated so it is outside the Taxilane Object Free Area (TOFA) of Taxilane D1. There is an above ground fuel/diesel tank and underground propane tank located 50' northeast of the ARFF Building, in the ARFF parking lot. The pavement edge of proposed Taxilane D1 will be at least 50' northeast of the above ground fuel/diesel tank and underground propane. This scope does not include any modifications, beside the fence and drainage pond inlet modification north of the ARFF facility. Lighting, Signage, and Miscellaneous Electrical AECOM will provide electrical investigations, drawings and specifications to relocate/modify the existing edge lighting and airfield guidance signage affected within Taxiways A/D/A1 intersection. The proposed Taxiway D1, east of Taxiway D, does not require any electrical infrastructure. Geometry and Marking Plans Prior to significant design development (but following the procurement of survey data) AECOM will prepare the proposed centerline and edge of pavement geometry for FPR's review and approval. AECOM will develop detailed geometry plans for use by the AECOM Team in the preparation of the project documents. The marking of the new pavement surfaces will be in accordance with FAA AC 150/5340-1 L Standards for Airport Markings or the latest edition at the time of contract execution for this Project. All pavement markings will include the centerline and edge of the new pavement. Construction Safety and Phasing Plan (CSPP) AECOM will develop the CSPP to comply with the intent of the latest FAA AC 150/5370-2G Operational Safety on Airports During Construction Guidelines. A draft outline of the CSPP will be submitted to the FAA during this phase. The development of the CSPP includes many items including: • Close Coordination with FAA, FPR ATCT, FPR Airfield Operations; • Tools to ensure safety compliance when coordinating construction activities; • Submittals preferred in Format of 8.5"X11" in or 11"X17" for compatibility with FAA's • Obstruction Evaluation (OE/AAA) process. • Identification of impacts to normal operations in each affected area; J CO Page 6 Packet Pg. 67 8.B.3.a AECOM Technical Services, Inc. Rehabilitate Taxilane D1 and Related Work - Scope and Fee • A Description of Temporary Changes to Operations; • Required Measures to Revised Operations; • Changes to CSPP require review and approval by the Airport Operator and the FAA; • Description of Safety Risks - Safety Risk Management (SRM); • Extraordinary circumstances may require need for a CSPP and a separate Safety Assessment (not included); • Description of Requirements Related to Runway and Taxiway visual aids (marking, lighting, signs, and visual NAVAIDs); • Partial development of a Safety Plan Compliance Document (SPCD) that the selected Contractor completes; • Other Items described in FAA AC 150/5370-2G; and, • Submittal to FAA in draft form and final form for Approval. Deliverables The Deliverables that will be included as part of the Preliminary/50% Design Phase includes the following: • Two (2) sets of half size prints 11" x 17" • Estimate of Probable Construction Cost • Table of Contents for Technical Specifications B. CONSTRUCTION DOCUMENTS PHASE (100 PERCENT) AECOM will develop 100% construction documents that will include complete detailed drawings, drawings, the Engineer's Report, the Division 1/General Provisions specifications and the technical specifications. A final CSPP will be submitted and it will be incorporated into the project specifications under the Maintenance of Traffic specification. At the onset, AECOM will conduct a design review meeting for the Preliminary/50% Design Phase with FPR and all comments will be addressed within the 100% construction documents. The 100% construction documents will further refine the elements that were developed for the 50% construction documents and incorporate comments provided by FPR related to the 50% construction documents. The SFWMD Permit Modification and FPFWCD application will be submitted. AECOM will develop these 100% documents in accordance with FAA standards, AECOM/Industry practiced computer aided design drafting (CADD) standards. Deliverables The Deliverables that will be included as part of the 100% Construction Documents include the following: • 50% Design Review comments (if applicable) • Two (2) sets of half size prints 11" x 17" • Two (2) copies of technical specifications for the Project Manual • Estimate of Probable Construction Cost • Two (2) Engineer's Reports • SFWMD Permit Modification Page 7 J co Packet Pg. 68 8.B.3.a AECOM Technical Services, Inc. Rehabilitate Taxilane D1 and Related Work - Scope and Fee C. BID AND AWARD PHASE AECOM will develop Bid Documents which will include the St. Lucie County front end documents. The Bid Documents will address any comments from FPR that were received during the review of the 100% construction documents. The Bid Documents will consist of construction plans, technical specifications, an engineering report, a construction cost estimate, and the front end specifications provided by St. Lucie County. The AECOM Team will prepare the pre -bid meeting presentation of project, attend the pre -bid meeting, and prepare the pre -bid meeting minutes. The AECOM Team will prepare and distribute addenda(s) to clarify any bidding contractor questions. AECOM will attend the bid opening, develop the bid tabulation, and prepare a letter recommending which bidder should be selected. Deliverables The Deliverables that will be included as part of the Bid and Award Phase includes the following: • Electronic files for County distribution purposes to Bidders • Two (2) sets of half size prints 11" x 17" • Two (2) copies of technical specifications for the Project Manual • Estimate of Probable Construction Cost • Two (2) Engineer's Reports • Bid Tabulation and Letter of Recommendation 4. OWNER PROVIDED INFORMATION • All previous as built drawings, surveys and geotechnical reports related to the site. • Current and forecasted aircraft operations and fleet mix. • Current master plan and airport layout plan. • Updated drainage/permitting information. • Any other information relative to the development of the project. 5. ASSUMPTIONS • There will be a separate work authorization for Construction Administration Services and Resident Project Representative Services. Construction Administration and full time construction management or inspection services are not included in this scope and fee proposal. • The existing straight aligned east/west portion of Taxilane D1 will remain 24 feet wide. The taxilane turns and widths into the EAA Facility and Sheriff's Facility will remain as they are, with geometric modifications. • All permit application fees for FPFWMD and USACE will be paid for by the Airport. • The bid deliverables will be provided in PDF Format. • The U.S. Army Corps of Engineers (USACE) permit is not anticipated for this project. • The County will review and provide feedback of the construction contract documents at the Design Development (50%) and 100% submittal. • The County will be responsible for administrating the bid and award process except at described herein. The County will provide front end documents for bidding the project. Page 8 AECOM Packet Pg. 69 8.B.3.a AECOM Technical Services, Inc. Rehabilitate Taxilane D1 and Related Work - Scope and Fee • There will be no wetlands impacts or mitigation within the project limits. • All drawings will be in AutoCAD. AutoCAD standards will be consistent with AECOM's and industry practices. • The new Taxiway/Taxilane D1 will not have edge or centerline lighting. • There will be three (3) project coordination meetings during the production of contract documents. • The ARFF Facility has an above ground fuel/diesel tank and underground propane tank that will remain a minimum of 50' outside the pavement edge of the new Taxiway/Taxilane D1 connector. • Estimates, opinions of probable construction or implementation costs, financial evaluations, feasibility studies or economic analyses prepared by Engineer will represent its best judgment based on its experience and available information. SLCAD recognizes that AECOM has no control over costs of labor, materials, equipment or services furnished by others or over market conditions or contractors' methods of determining prices, and that any evaluation of a facility to be constructed or work to be performed is speculative. Accordingly, AECOM does not guaranty that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by AECOM. Page 9 A=COM Packet Pg. 70 8.B.3.a AECOM Technical Services, Inc. Rehabilitate Taxilane D1 and Related Work - Scope and Fee *:/:1I:1 111 i TENTATIVE SCHEDULE TASK DURATION Notice to proceed 0 Calendar Days Preliminary Design/Design Development 50% 60 Calendar Days Construction Documents 100% ** 60 Calendar Days Bid Documents/Bid/Bid Tabulations/Award 90 Calendar Days ** SFWMD and FPFWCD review and approval coordination/process could increase the 60 Calendar Days duration to upwards of 120 Calendar Days. Page 10 A COM Packet Pg. 71 8.B.3.a AECOM Technical Services, Inc. Rehabilitate Taxilane D1 and Related Work - Scope and Fee EXHIBIT C SKETCH OF THE PROJECT LIMITS Page 11 J com Packet Pg. 72 1a M m 06 (uoi}eziao4;nV AjoM W0o3V W OUBIVel : Z66b) peonpaa LV95 -Z pBpnq edooS 64 Ml b#`dM :e-£-8-g}uewtjoe;}d I C1-c Kin PAVEMENT CORES ® CORE (APPROXIMATE LOCATION) _ ® STANDARD PENETRATION TEST SPT (APPROXIMATE LOCATION) CBR TEST 0 CBR (APPROXIMATE LOCATION) EXISTING FENCE BITUMINOUS PAVEMENT REMOVAL NEW PAVEMENT MILL AND OVERLAY TAXIWAY D1 SURFACE TREATMENT (ADD ALT. 1) SHERIFF'S APRON SURFACE TREATMENT (ADD ALT. 2) N I 50' 25' 0 50' 100 GRAPHIC SCALE ARIETWIME AECOM TECHNICAL SERVICES, INC. 7650 W. COURTNEY CAMPBELL CAUSEWAY TAMPA, FLORIDA 33607 HILLERS ELECTRICAL ENGINEERING, INC. 23257 STATE ROAD 7, SUITE 100 BOCA RATON, FL 33428 TERRACON 007 NW COMMODITY COVE PORT ST. LUCIE, FLORIDA 34986 CULPEPPER AND TERPENING, INC. 2980 SOUTH 25TH STREET FT. PIERCE, FLORIDA 34981 WWI= BUNTIPATEL FL. P.E. NO. 70708 FIRM EB NO. 38 AECOM TECHNICAL SERVICES, INC. KEY PLAN: AIRPORT AND BUSINESS PARK REHABILITATE TAXILANE D1 OVERALL SITE PLAN JOH. NO: XXXXXXXX CHECKED: DRAWN: DATE: 1/25/2017 FAA AIP NO. TBD DRAWING NO. EXHIBIT C 8.B.3.a AECOM Technical Services, Inc. Rehabilitate Taxilane D1 and Related Work - Scope and Fee EXHIBIT D BREAKDOWN OF FEES FOR THE PROJECT AECOM AND SUBCONSULTANTS (Staff -hour estimate and fee proposal) Page 12 AECOM Packet Pg. 74 8.B.3.a ST. LUCIE COUNTY INTERNATIONAL AIRPORT Rehabilitate Taxilane D1 and Related Work at Treasure Coast International Airport and Business Park (FPR) Design Fee Estimate EXHIBIT D FEE SUMMARY PRELIMINARY/DESIGN DEVELOPMENT (50%) AECOM $23,796.51 C&T - Survey $9,000.00 Terracon - Geotechnical Subtotal $7,410.00 $40,206.51 CONSTRUCTION DOCUMENTS AECOM $18,641.74 C&T - Survey $0.00 Terracon - Geotechnical Subtotal $0.00 $18,641.74 BID AND AWARD AECOM $5,836.80 C&T - Survey $0.00 Terracon - Geotechnical $0.00 Subtotal $5,836.80 TOTAL FEE $64,685.05 AECOM 2/14/2017 Packet Pg. 75 8.B.3.a ST. LUCIE COUNTY INTERNATIONAL AIRPORT Rehabilitate Taxilane D1 and Related Work at Treasure Coast International Airport and Business Park (FPR) Design Fee Estimate EXHIBIT D SUBCONSULTANTS CULPEPPER & TERPENING, INC. Preliminary topographic survey $9,000.00 TERRACON Geotechnical borings and analysis $7,410.00 SUBCONSULTANTS TOTAL $16,410.00 AECOM 2/14/2017 Packet Pg. 76 8.B.3.a ST LUCIE COUNTY INTERNATIONAL AIRPORT Rehabilitate Taxilane D1 and Related Work at Treasure Coast International Airport and Business Park (FPR) Design Fee Estimate EXHIBIT D Position: AECOM (PROJECT MANAGEMENT & AIRFIELD DESIGN) PRINCIPAL SENIOR PROJECT MANAGER SENIOR ENGINEER PROJECT ENGINEER SENIOR CADD TECHNICIAN ADMIN. ASSISTANT TOTAL Rate ($/Hour): $232.63 $216.77 $145.39 $108.38 $105.74 $79.31 Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost PRELIMINARY DESIGN/DESIGN DEVELOPMENT (50%) Project Kickoff $0 2 $434 1 $145 1 $108 $0 $0 4 $687 Review of Record Drawings & Documents $0 $0 1 $145 2 $217 $0 $0 3 $362 Verification of Existing Conditions $0 $0 1 $145 2 $217 $0 $0 3 $362 Surveying (Coordination) $0 $0 1 $145 2 $217 $0 $0 3 $362 Geotechnical Investigation & Analysis (Coordination) $0 $0 1 $145 2 $217 $0 $0 3 $362 50% Drainage Design $0 2 $434 20 $2,908 8 $867 $0 $0 30 $4,208 Pavement Evaluation $0 $0 1 $145 2 $217 $0 $0 3 $362 Update/Reconcile Opinion of Probable Const. Cost $0 $0 1 $145 $0 3 $317 $0 4 $463 Project Meetings $0 2 $434 2 $291 2 $217 $0 $0 6 $941 FAA CSPP, FDOT, SFWMD and County Permit Coordination $0 2 $434 2 $291 4 $434 $0 $0 8 $1,158 ISO 9001 QC Review $0 8 $1,734 8 $1,163 8 $867 $0 $0 24 $3,764 COVER SHEET $0 $0 $0 $0 2 $211 $0 2 $211 SHEET INDEX, GENERAL NOTES, QTY, LEGENDS, & ABBREVIATIONS $0 $0 $0 $0 3 $317 $0 3 $317 SAFETY AND SECURITY NOTES $0 $0 $0 $0 3 $317 $0 3 $317 PROJECT CONSTRUCTION STAGING, ACCESS AND HAUL ROUTE $0 $0 $0 $0 3 $317 $0 3 $317 EXISTING CONDITIONS PLANS $0 $0 $0 1 $108 3 $317 $0 4 $426 EROSION CONTROL/SEDIMENT CONTROL AND DRAINAGE DETAILS $0 $0 $0 1 $108 3 $317 $0 4 $426 DEMOLITION PLANS $0 $0 $0 2 $217 3 $317 $0 5 $534 GEOMETRY PLANS $0 $0 $0 2 $217 4 $423 $0 6 $640 PAVING PLANS $0 $0 $0 2 $217 4 $423 $0 6 $640 GRADING PLANS $0 $0 $0 2 $217 4 $423 $0 6 $640 MARKING PLANS $0 $0 $0 2 $217 3 $317 $0 5 $534 DRAINAGE PLANS AND DETAILS $0 $0 $0 2 $217 4 $423 $0 6 $640 TAXIWAYS D/A/A1 INTERSECTION ELECTRICAL & LIGHTING PLANS $0 $0 $0 2 $217 4 $423 $0 6 $640 TAXIWAYS D/A/A1 INTERSECTION SIGNAGE PLANS $0 $0 $0 2 $217 3 $317 $0 5 $534 INSTALLATION DETAILS & LAYOUTS LIGHTING & SIGNAGE $0 $0 $0 2 $217 3 $317 $0 5 $534 OVERALL PHASING AND PHASING NOTES $0 1 $0 $0 2 $217 4 $423 $0 6 $640 CONSTRUCTION SEQUENCING AND PHASING PLANS $0 $0 $0 2 $217 4 $423 $0 6 $640 BORING LOG AND PAVEMENT CORE PROFILES $0 $0 $0 2 $217 3 $317 $0 5 $534 TYPICAL DEMOLITION SECTIONS AND DETAILS $0 $0 $0 2 $217 3 $317 $0 5 $534 TYPICAL PAVEMENT SECTIONS $0 $0 $0 2 $217 3 $317 $0 5 $534 PAVEMENT MARKING DETAILS $0 $0 $0 2 $217 3 $317 $0 5 $534 Sub -Total Design Development (50%) 0 $0 16 $3,4681 39 $5,670 65 $7,045 72 $7,613 0 $0 192 $23,797 AECOM 2/14/2017 Packet Pg. 77 8.B.3.a ST LUCIE COUNTY INTERNATIONAL AIRPORT Rehabilitate Taxilane D1 and Related Work at Treasure Coast International Airport and Business Park (FPR) Design Fee Estimate EXHIBIT D Position: AECOM (PROJECT MANAGEMENT & AIRFIELD DESIGN) PRINCIPAL SENIOR PROJECT MANAGER SENIOR ENGINEER PROJECT ENGINEER SENIOR CADD TECHNICIAN ADMIN. ASSISTANT TOTAL Rate ($/Hour): $232.63 $216.77 $145.39 $108.38 $105.74 $79.31 Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost CONSTRUCTION DOCUMENTS (100%) Develop Specifications $0 $0 2 $291 2 $217 5 $529 $0 9 $1,036 100% Drainage Design $0 2 $434 20 $2,908 6 $650 $0 $0 28 $3,992 Update/Reconcile Opinion of Probable Const. Cost $0 $0 $0 2 $217 5 $529 $0 7 $745 Project Meetings $0 $0 2 $291 2 $217 $0 $0 4 $508 Engineers Report & CSPP $01 $0 2 $291 2 $217 4 $423 $0 8 $931 FAA, FDOT, SFWMD and County Permit Coordination $0 $0 2 $291 2 $217 $0 $0 4 $508 ISO 9001 QC Review $0 6 $1,301 6 $872 6 $650 $0 $0 18 $2,823 COVER SHEET $0 $0 $0 $0 2 $211 $0 2 $211 SHEET INDEX, GENERAL NOTES, QTY, LEGENDS, & ABBREVIATIONS $0 $0 $0 $0 2 $211 $0 2 $211 SAFETY AND SECURITY NOTES $0 $0 $0 $0 2 $211 $0 2 $211 PROJECT CONSTRUCTION STAGING, ACCESS AND HAUL ROUTE $0 $0 $0 $0 2 $211 $0 2 $211 EXISTING CONDITIONS PLANS $0 $0 $0 2 $217 2 $211 $0 4 $428 EROSION CONTROL/SEDIMENT CONTROL AND DRAINAGE DETAILS $0 $0 $0 $0 2 $211 $0 2 $211 DEMOLITION PLANS $0 $0 $0 2 $217 2 $211 $0 4 $428 GEOMETRY PLANS $0 1 $0 $0 2 $217 4 $423 $0 6 $640 PAVING PLANS $0 $0 $0 2 $217 4 $423 $0 6 $640 GRADING PLANS $0 $0 $0 2 $217 4 $423 $0 6 $640 MARKING PLANS $0 $0 $0 2 $217 4 $423 $0 6 $640 DRAINAGE PLANS AND DETAILS $0 $0 $0 2 $217 2 $211 $0 4 $428 TAXIWAYS D/A/A1 INTERSECTION ELECTRICAL & LIGHTING PLANS $0 $0 $0 2 $217 2 $211 $0 4 $428 TAXIWAYS D/A/A1 INTERSECTION SIGNAGE PLANS $0 $0 $0 $0 2 $211 $0 2 $211 INSTALLATION DETAILS & LAYOUTS LIGHTING & SIGNAGE $0 $0 $0 $0 2 $211 $0 2 $211 OVERALL PHASING AND PHASING NOTES $0 $0 $0 $0 2 $211 $0 2 $211 CONSTRUCTION SEQUENCING AND PHASING PLANS $0 $0 $0 2 $217 2 $211 $0 4 $428 BORING LOG AND PAVEMENT CORE PROFILES $0 $0 $0 2 $217 2 $211 $0 4 $428 TYPICAL DEMOLITION SECTIONS AND DETAILS $0 $0 $0 $0 2 $211 $0 2 $211 TYPICAL PAVEMENT SECTIONS $0 $0 $0 2 $217 2 $211 $0 4 $428 PAVEMENT MARKING DETAILS $0 $0 $0 $0 2 $211 $0 2 $211 CROSS SECTIONS $0 $0 $0 2 $211 $0 4 $428 �46$4 Sub -Total Construction Documents (1000/6) 0 $0 8 $1,734 34 $4,943 66 $6,979 0 -tnlr 154 $18,642 AECOM 2/14/2017 Packet Pg. 78 8.B.3.a ST LUCIE COUNTY INTERNATIONAL AIRPORT Rehabilitate Taxilane D1 and Related Work at Treasure Coast International Airport and Business Park (FPR) Design Fee Estimate EXHIBIT D Position: AECOM (PROJECT MANAGEMENT & AIRFIELD DESIGN) PRINCIPAL SENIOR PROJECT MANAGER SENIOR ENGINEER PROJECT ENGINEER SENIOR CADD TECHNICIAN ADMIN. ASSISTANT TOTAL Rate ($/Hour): $232.63 $216.77 $145.39 $108.38 $105.74 $79.31 Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost BID AND AWARD Resolve 100 % Comments on Drawings/ Specs/Documents $0 $0 4 $582 2 $217 2 $211 $0 8 $1,010 Prepare/Reproduce/Distribute Bid Documents $0 $0 $0 2 $217 4 $423 $0 6 $640 Prepare/Reproduce/Distribute Bid Addenda $0 $0 $0 2 $217 4 $423 $0 6 $640 Attend/Minutes for Pre -Bid Meeting $0 $0 4 $582 2 $217 $0 $0 6 $798 Prepare Bid Tabulation/Recommendation $01 4 $867 $0 2 $217 $0 $0 6 $1,084 FAA, FDOT, SFWMD and County Permit Coordination $0 4 $867 4 $582 2 $217 $0 $0 10 $1,665 Sub -Total Bid and Award 0 $0 8 $1,734 12 $1,745 12 $1,301 10 $1,057 0 $0 42 $5,837 TOTAL LABOR 0 $01 32 $6,937 85 $12,358 123 $13,331 148 $15,650 0 $01 388 $48,275 AECOM 2/14/2017 Packet Pg. 79 1� )POM W039V 613 8ue1ixel: Z660 peonpaa LVG5 -Z ;afpng adooS 64 Ml t,#VM:e'£'8'81uewLIoe11V o ai o m 6 0 a r aD Y V R a CULPEPPER & TERPENINO, INC. CCI SULTING ENGINEERS LAND 5URUEYORS October 20, 2016 VIA: Email (drtulr«1�> accnrn..{�rr�) Orrginal uia U.S Mar! Mr. Arturo Martinez, EIT AECOM 7650 Vilest Courtney Campbell Causeway Tampa, PL 33607 Project Number; 16-115,001 Contract File Sender's Email: tkicr�ianct-eng.cnm RE: TCIA TW D1 at FPR —Survey Agreement for Professional Engineering & Surveying Services Dear Mr. Martinez: On behalf of the &xrn of Culpepper & Terpening, 1nc., we are pleased to enclose two (2) copies of our 1 r emen1 far pmfeariarral Mgineerin 2? Suriat.g Services for the professional surveying services in support of the "M D1 at FPR" at the Treasure Coast International Airport and Business Park in St. Lucie County, Florida. If this proposal meets with your approval, please execute moth contracts, initial each page, and return both copies to our office. Upon receipt, we will provide your office with one Fully -executed original contract. An executed contract will serve as the notice to proceed. We appreciate the opportunity to provide this proposal. We look forward to being a part of your project team, Should you have any questions or require any additional information, please feel free to contact me directly at (772) 464-3537. Sincerely, CULPEPPER & TERPENING, INC. Thor nas P. Kiernan, PSM Vice President/Director of Survey f 1'T:rn[ Enclosure; Agreement for Engineering & Surveying Scrvic" ]ames P ut h" Terpening, Jr., P.E. Prestd t A LCUACY of CXPEFM$1 AND EXCELLENCE 2980 SOUTH 25TH STREET FT. PIERCE, FL 34981 (772) 4 64-353 7 FAX: (772) 464-!9497 1a )POM W039V M auelixel : M0 peonpaa LVG5 -Z }afpng edooS 64 Ml ti#VM :e'£'8'8;uauayoe;;d Ci Professional Services Agreement Between 06 Culpepper & Terpening, Inc. (Consultant) for AECOM (Client) TCIA TW D1 at FPR - Survey, Project No. 16-115.001 October 20, 2016 ********************* II. WORK AUTHORIZATION WORK AUTHORIZATION: NO. 16-115.001 PROJECT NAME: TW D1 at FPR — Survey CONSULTANT: Culpepper & Terpening, Inc. PROJECT DESCRIPTION/OBJECTIVES The project shall generally be defined and described as providing professional surveying services in support of the "TW D1 at FPR" (the limits of which are depicted in the Exhibit B — Survey Limits, enclosed herein) at the Treasure Coast International Airport and Business Park in St. Lucie County, Florida. SCOPE OF SERVICE & FEES PHASE 1: PLANNING/FEASIBILITY Task 1:1 TW D1 at FPR - Design Survey Consultant shall prepare a design survey of the above referenced "survey limits" and shall include the following: a. Establish primary horizontal and vertical project control for the project 1. Horizontal control to be based on Florida State Plane Coordinate system; 2. Benchmark elevations to be based on NAVD88 unless otherwise directed. b. Establish permanent site benchmarks for future use purposes. c. The topographic survey will provide locations using conventional methods to obtain elevations and coordinates for the existing site features that are located within the Survey Limits. d. Provide the design (topographic) survey data for the existing pavement areas within the limits of survey at approximate 25-foot x 25-foot spacing grid, sufficient to produce a digital terrain model and contours at a 0.2-foot interval. Cross-section intervals less than 25 feet may be required when necessary to define abrupt changes in pavement grades and changes in pavement types. e. Provide the design (topographic) survey data within the specified earthwork project areas, which includes locating topography within the project site area at approximate 50-foot longitudinal spacing, sufficient to produce a digital terrain model and contours at a 0.2-foot interval. Cross- section intervals less than 50 feet may be required when necessary to define swales, ditches, edges of pavement, abrupt changes in grade, boundary limits etc. f. Provide detailed topographic survey of site areas, including selected storm drainage structure details and elevations. All pipe inverts and top of structures elevations to be recorded to nearest 0.011. g. Existing pavement edges, taxiway edge lights, taxiway signs and concrete pads will be located and shot to the nearest 0.01'. h. Provide the layout and characteristics of all pavement centerline markings within the survey boundary. i. Storm sewer and drainage structures located will include size and invert information at structures. Client's Initials: 00 a r aD Y U M M C&T Initials: Q\Dorn , and Set6ngs\mabm,a\r1y Dncum \Aly L—fiche Documents\16-115.001 client 001- Pmposal Page I of 3 for &,,,,ing Senices_10142G1\16115.001 client 001 a - Pmposal foe S-5mgdoc 1� )POM W039V W 8ue1ixel : Z660 peonpaa LVG5 -Z }afpn8 edooS 64 Ml t,#VM :e'£'8'8;u8wL1oe11V N `'? Professional Services Agreement Between 0o m 06 Culpepper & Terpening, Inc. (Consultant) for a AECOM (Client) Y TCIA TW D1 at FPR - Survey, Project No. 16-115.001 U October 20, 2016 a ********************* j. Subsurface Utility Locations will not be a part of this proposal. k. Following the geotechnical field work, C&T will locate the final boring locations. 1. Provide all final digital files in an AutoCAD format. m. Perform the work in accordance with FAA and FDOT requirements. n. Provide all survey work in accordance with the Standards of Practice set forth by the Florida Board of Surveyors & Mappers in Chapter 5J-17, F.A.C. pursuant to section 472.027 Florida Statutes. o. Complete all work under the direct supervision of a Professional Surveyor and Mapper licensed to practice in the State of Florida. III. ASSUMPTIONS/CLARIFICATIONS a. Not intended to be a boundary survey; b. Location of improvements is limited to above ground improvements. Water bodies shall be located to edge -of -water; c. Review of title is not included; and IV. BREAKDOWN OF FEES FOR BASIC SERVICES Services to be provided by this Consultant pursuant to this Work Authorization (WA) shall be provided in accordance with Section II above. The following is a breakdown of the proposed fees by phase: TASK TASK DESCRIPTION AMOUNT TYPE Task 1.1 TW D1 at FPR - Design Survey $ 9,000.00 LS ESTIMATED TOTAL $ 9,000.00 LS V VI. COMPLETION DATE/DELIVERABLES Work authorized is estimated to be completed in accordance with the following schedule: Phase/ Description Deliverables Estimated Date Task # Complete (2) Signed & Sealed Survey Approx. 2-3 weeks 1.1 Design Survey & electronic (AutoCAD) from NTP file AGREEMENT 1.) The following documents, as applicable, are attached and are incorporated into this Work Authorization: • Exhibit A: General Conditions Approved By.• Company Name: Contact Name: Contract Title: Date: Submitted By. Culpepper & Terpening, Inc. James P. "Butch" Terpening, Jr., P.E. President Date: Client's Initials: C&T Initials: C\lcuments and Settings\Rana.\n1y Documents\nay 13atficne D«umenn\16-115.001 client 001a - Proposal Page 2 of 3 fot S—p.ng &.i-_1014Z61\ 16115.001 U— 001. - Proposal foe Sun )m&d« w TAXIWAY A SURVEY LIMITS ® ® CORE \ CORE \ DEp FD % Delp SURFACE DEPARTURE I SURFACE SPT I AARF \ EXISTING AARF F11117 \----i \ LEGEND _ LIMITS OF SURVEY FOR TAXILANE Di REHABILITATION ® PAVEMENT CORES CORE (APPROXIMATE LOCATION) ® STANDARD PENETRATION TEST S [PST (APPROXIMATE LOCATION) CBR TEST Q CyR (APPROXIMATE LOCATION) Attach ment8.B.3.a: WA#4 TW_D1 Scope Budget_2-15-17 reduced (4192 : Taxilane D1 AECOM Work Authorization) N I 50' 25' 0 50' 100 GRAPHIC SCALE • AECOM TECHNICAL SERVICES, INC. 7650 W. COURTNEY CAMPBELL CAUSEWAY TAMPA, FLORIDA 33607 HILLERS ELECTRICAL ENGINEERING, INC. 23257 STATE ROAD 7, SUITE 100 BOCA RATON, FL 33428 TERRACON 807 NW COMMODITY COVE PORT ST. LUCIE, FLORIDA 34986 CULPEPPER AND TERPENING, INC. 2980 SOUTH 25TH STREET FT. PIERCE, FLORIDA 34981 F a a 61w0m BUNTIPATEL FL. P.E. NO. 70708 FIRM EB NO. 38 AECOM TECHNICAL SERVICES, INC. KEY PLAN: AIRPORT AND BUSINESS PARK REHABILITATE TAXILANE D1 OVERALL SITE PLAN SURVEY LIMITS JOB. NO: XXXXXXXT CHECKED: DRAWN: DATE: 1/25/2017 FAA AIP NO, TBD DRAWING NO. FimjRF 00 W 8.B.3.a October 13, 2016 AECOM 7650 West Courtney Campbell Causeway Tampa, FL 33607 Attn: Mr. Bunti Patel, P.E. Senior Project Manager P: (813) 636-2445 E: bunti.patel@aecom.com Irerracon Re: Proposal for Geotechnical Engineering Services Treasure Coast International Airport - TW D1 Rehabilitation St. Lucie County, Florida Terracon Proposal No. PHB165038 Dear Mr. Patel: We appreciate the opportunity to provide geotechnical engineering services for the above referenced project. This document provides our understanding of the project, our planned work scope and associated fees, and our terms and conditions associated with the performance of this work. 1.0 PROJECT INFORMATION 1.1 Site Location ITEM DESCRIPTION Location Treasure Coast International Airport Fort Pierce (St. Lucie County), FL Existing Existing runway and taxiways improvements Current ground cover Assumed asphalt pavement with surrounding short grasses Existing topography Relatively level, elevation approximately +20 feet (NGVD) 1.2 Project Description Planned project will include rehabilitation of the existing Taxiway D1 at the Treasure Coast International Airport located in Fort Pierce (St. Lucie County), Florida. According to a conceptual site plan provided by AECOM (Reference Overall Site Plan Geotech Spots, dated September 22, 2016), the rehabilitation will consist of a section of mill and overlay, a section for surface Terracon Consultants, Inc. 607 NW Commodity Cove Port St. Lucie, Florida P [772] 343 9787 F [772] 343 9404 terracon.com Packet Pg. 84 1 8.B.3.a Proposal for Geotechnical Engineering Services Irerracon Treasure Coast International Airport - TW D1 Rehab St. Lucie County, Florida October 13, 2016 Terracon Proposal No. PHB165038 treatments, and a section of pavement removal which will be relocated (new pavement construction). We assume that the existing taxiway is a flexible (asphaltic) pavement. Pertinent field and laboratory work will consist of shallow Standard Penetration Test (SPT) borings, pavement and base rock coring, and Limerock Bearing Ratio (LBR) determination on subgrade soils collected from shallow test pit excavations along the proposed new taxiway alignment. The borings, LBR samples, and coring locations have been pre -selected by others. Should any of the above information be inconsistent with the planned construction please let us know so that we may make any necessary modifications to this proposal. 2.0 SCOPE OF SERVICES The project will consist of field exploration and laboratory testing under the guidance of a geotechnical engineer to characterize the subsurface conditions of the site. We will provide field and laboratory data for the existing pavement section thicknesses and material types. Additionally, we will provide laboratory LBR analysis of two subgrade soil samples excavated from test pits. The following sections provide an overview of the work scope for each of these aspects of the project. 2.1 Field Exploration Our fieldwork includes the drilling and sampling of exploratory soil borings. Boring, core, and test pit (i.e. CBR) locations have been pre -selected and are shown on the attached Boring / Coring Location Map by AECOM. The following boring schedule is planned: Field Work SPT Borings Pavement Core Number Depth 2 10 feet below existing ground surface 6 Field determined bottom of base rock Excavate upper 12 inches Test Pit 2 and collect laboratory LBR sample We will locate the test locations by field measurements with the assistance of hand-held GPS devices which are capable of locating the exploration points with an accuracy of about 20 feet. Elevations will be estimated from local USGS topographic maps or the existing plans if available. Responsive ■ Resourceful ■ Reliable 2 Packet Pg. 85 8.B.3.a Proposal for Geotechnical Engineering Services Irerracon Treasure Coast International Airport - TW D1 Rehab St. Lucie County, Florida October 13, 2016 Terracon Proposal No. PHB165038 2.1.1 Standard Penetration Test (SPT) Borings The borings will be sampled using split spoon sampling devices consistent with ASTM D1586. Sample intervals will be taken continuously to a depth of 10 feet below existing ground surface (bgs). The field exploration will also include observations for groundwater. This will occur during the exploration program while the borehole is being advanced. We will return to the site the day following the drilling to collect 24-hour stabilized groundwater readings. Each borehole will be backfilled with soil cuttings. 2.1.2 Pavement Coring We will cut six, 4-inch diameter cores from the existing pavement section to determine the surface course thickness, base thickness, and base material type. Coring will be performed at the pre- determined locations. In addition to the coring, we propose to drill an auger boring to 6 feet below the top of pavement into the subgrade as well as perform Dynamic Cone Penetrometer (DCP) testing of the subgrade soil. The DCP test will provide an indication of the relative density, as well as CBR, of the subgrade. Following completion of the DCP test, the boring will be backfilled with gravel and cement and the pavement will be repaired with cold patch asphalt. 2.1.3 Test Pits Two (2) test pits will be hand excavated in approximately the upper 12 inches at the pre- determined locations along the proposed new taxiway pavement alignment. Recovered samples will be placed in large bags and transported back to our laboratory where they will be visually classified according to the Unified Soil Classification System (USCS) and tested for gradation and Limerock Bearing Ratio (LBR). The measured LBR values will be converted to estimated CBR values by empirical relationship. It should be understood that the laboratory LBR test will be used to evaluate the on -site sampled materials for use as subgrade. The results do not necessarily provide indication of the subgrade strength beneath the existing pavement. However, the DCP data will be useful for that purpose. 2.1.4 Site Access Prior to executing the field work discussed above, we will notify Sunshine One Call to have underground utilities located. We expect that private utilities will be present at the airport and Responsive ■ Resourceful ■ Reliable 3 Packet Pg. 86 8.B.3.a Proposal for Geotechnical Engineering Services Irerracon Treasure Coast International Airport - TW D1 Rehab St. Lucie County, Florida October 13, 2016 Terracon Proposal No. PHB165038 potentially in the proposed areas of our field exploration. Private utility locating is the responsibility of others and shall be completed prior to our arrival on site. We expect that the site is accessible to our truck -mounted drilling equipment. If different conditions are known to exist on the site, Terracon should be notified so that we may adjust our scope of services and fee, if necessary. In order to conduct our exploration of the project site, we must be granted access to the airport property. We have assumed that proper escorting will be provided to our field personnel upon our arrival. We have not included in the scope any extra time regarding airport access or due to delays (standby) caused by airport operations. Should this be required, we should be notified to revise our scope and budget. 2.1.5 Property Disturbance We will take reasonable efforts to reduce damage as a result of our exploration activities. However, in the normal course of our work some such disturbance will occur. We have not budgeted to restore the site beyond the repair of the core holes (asphalt cold patch) and backfilling our boreholes with site soils. If there are any restrictions or special requirements regarding this site or exploration, please provide them with your acceptance of this proposal. 2.2 Laboratory Testing Representative soil samples from the borings will be tested in our laboratory to determine pertinent engineering characteristics. Testing will include visual classification, moisture content, fines content (percent passing the U.S. No. 200 sieve), LBR, and organic content. Our laboratory procedures will follow ASTM standards. The project engineer will review the field data from the exploration, and then assign the types and numbers of tests. Ourfees have been developed with an assumption of typical types and numbers of tests for a project of this nature in this location. In the event additional testing is necessary we will notify you of this need prior to initiating the additional testing. 2.3 Geotechnical Engineering Analysis and Report The results of our field and laboratory programs will be evaluated by a professional geotechnical engineer. The engineer will develop an analysis of subsurface conditions and provide a data summary regarding the existing pavement section thicknesses, material types and material properties. At the completion of our engineering analyses, we will prepare a geotechnical engineering report that provides the following: Responsive ■ Resourceful ■ Reliable 4 Packet Pg. 87 8.B.3.a Proposal for Geotechnical Engineering Services Irerracon Treasure Coast International Airport - TW D1 Rehab St. Lucie County, Florida October 13, 2016 Terracon Proposal No. PHB165038 1. Soil boring logs with field and laboratory data, soil stratification based on visual soil classification 2. Groundwater levels observed during drilling and after drilling 3. Site and Boring location plans 4. Subsurface exploration procedures 5. Description of subsurface conditions 6. Summary of existing pavement section thicknesses and material types. 7. LBR results with correlated CBR values for the test pit samples 3.G SCHEDULE We have developed a schedule to complete the scope of work stated in Section 2 based upon our existing availability at the date of this proposal. We anticipate starting the field work within about 1 week of receiving written notice to proceed, and the field exploration will take 2 to 3 days to complete. Laboratory testing will be performed over a 1 week period. Upon completion of the laboratory work, we will issue our Geotechnical Engineering Report within 1 week amounting to an overall schedule of approximately 3 to 4 weeks. Because the schedule suggested above is tentative and dependent upon receipt of your notice to proceed, we will provide you with a specific schedule for the conduct of the project at the time of your issuance of notice to proceed. 4.0 COMPENSATION Using our estimate of the work scope as outlined in Section 2, and our unit rates for the various work items, we have developed an estimate of fees for this project. A line item breakdown of the estimate is presented on Attachment B. We will provide the geotechnical services work scope as stated in Section 2 for an estimated not - to -exceed fee of $7,410. Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. In the event that we encounter unanticipated conditions that would require variation in the work scopes as noted in Section 2 as well as itemized on Attachment B, we will notify you of this variation, and we will send a supplemental proposal stating the modified work scope as well as its impact on our fee. We will not proceed without your authorization, as evidenced by your signature on the Supplemental Agreement form. Responsive ■ Resourceful ■ Reliable 5 Packet Pg. 88 8.B.3.a Proposal for Geotechnical Engineering Services 1rerracon Treasure Coast International Airport - TW D1 Rehab St. Lucie County, Florida October 13, 2016 Terracon Proposal No. PHB165038 5.0 AUTHORIZATION Work will be performed under the provisions of the Terracon/AECOM Master Services Agreement dated January 31, 2010 and a Task Work Assignment specific to the scope of work described in this proposal. Acceptance of our proposal will be considered permission by the owner for our entry onto the site. We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you. Sincerely, Terracon Consultants, Inc. Brent M. Langlois, P.E. Douglas S. Dunkelberger, P.E. Project Geotechnical Engineer Principal Attachments: Overall Site Plan Geotech Spots (provided by AECOM) Line Item Cost Breakdown Responsive ■ Resourceful ■ Reliable 6 Packet Pg. 89 1(` a �P+ Q Q � I X 1 I SURVEY LIMITS ® CORE \ 1 E� n RUNWAY DEPARTURE SURFACE SPIT I DEp SURVEY LIMITS I \ AARF 1 R\ \ CORE® \ EXISTING AARF FENCE CORE RE OEP LEGEND _ LIMITS OF SURVEY FOR TAXILANE Di REHABILITATION ® PAVEMENT CORES CORE (APPROXIMATE LOCATION) ® STANDARD PENETRATION TEST S [PST (APPROXIMATE LOCATION) CBR TEST Q CyR (APPROXIMATE LOCATION) Attach ment8.B.3.a: WA#4 TW_D1 Scope Budget_2-15-17 reduced (4192 : Taxilane D1 AECOM Work Authorization) N I 50' 25' 0 50' 100 GRAPHIC SCALE • AECOM TECHNICAL SERVICES, INC. 7650 W. COURTNEY CAMPBELL CAUSEWAY TAMPA, FLORIDA 33607 HILLERS ELECTRICAL ENGINEERING, INC. 23257 STATE ROAD 7, SUITE 100 BOCA RATON, FL 33428 TERRACON 807 NW COMMODITY COVE PORT ST. LUCIE, FLORIDA 34986 CULPEPPER AND TERPENING, INC. 2980 SOUTH 25TH STREET FT. PIERCE, FLORIDA 34981 F a a 61w0m BUNTIPATEL FL. P.E. NO. 70708 FIRM EB NO. 38 AECOM TECHNICAL SERVICES, INC. KEY PLAN: AIRPORT AND BUSINESS PARK REHABILITATE TAXILANE 131 OVERALL SITE PLAN SURVEY LIMITS JOB. NO: XXXXXXXX CHECKED: DRAWN: DATE: 1/25/2017 FAA AIP NO, TBD DRAWING NO. FIC.,l1RF 00 W 8.B.3.a LINE ITEM COST BREAKDOWN TREASURE COAST INTERNATION AIRPORT AND BUSINESS PARK - TW D1 REHAB ST. LUCIE COUNTY, FLORIDA ITEM DESCRIPTION UNITS NUMBER OF UNITS STANDARD UNIT RATE FEE I. PROJECT START-UP & MOBILIZATION A. Site Recon, Stake Borings and Utility Clearance 1. Senior Engineering Technician hour 6 $ 70.00 $ 420.00 B. Equipment Mobilization 1. Truck Mounted Rig each 1 $ 500.00 $ 500.00 2. Core Rig each 1 $ 150.00 $ 150.00 SUBTOTAL - PROJECT START UP & MOBILIZATION: $ 1,070.00 II. FIELD WORK A. SPT Borings (2 @ 10' deep) 1. 0 to 50 feet deep foot 20 $ 13.00 $ 260.00 B. Groundwater Readings (24-hour) 1. Senior Engineering Technician hour 2 $ 70.00 $ 140.00 C. Coring, Auger Boring, DCP Test, Test Pit, LBR Sampling 1. Two man crew hour 16 $ 130.00 $ 2,080.00 D. Pavement Repair Materials lump sum 1 $ 200.00 $ 200.00 SUBTOTAL - FIELD WORKI $ 2,680.00 III. LABORATORY WORK A. Visual Engineering Classification 1. Staff Engineer hour 3 $ 80.00 $ 240.00 B. Moisture Content Test each 10 $ 10.00 $ 100.00 C. Organic Content Test each 2 $ 40.00 $ 80.00 D. Sieve Analysis Test each 0 $ 60.00 $ - E. % Finer than No. 200 Sieve each 8 $ 40.00 $ 320.00 F. Atterburg Limits each 1 0 1 $ 60.00 $ - G. Limerock Bearing Ratio (LBR) each 1 2 1 $ 300.00 $ 600.00 SUBTOTAL - LABORATORY WORKI $ 1,340.00 IV. GEOTECHNICAL ENGINEERING & REPORT PREPARATION A. Senior Engineer hours 4 $ 160.00 $ 640.00 B. Project Engineer hours 8 $ 120.00 $ 960.00 C. Staff Engineer hours 6 $ 80.00 $ 480.00 C. CADD Drafting hours 2 $ 70.00 $ 140.00 D. Word Processing and Clerical hours 2 $ 50.00 $ 100.00 SUBTOTAL - GEOTECHNICAL ENGINEERING & REPORT PREPARATION $ 2,320.00 ESTIMATED TOTAL: $ 7,410.00 SAY, NOT -TO -EXCEED FEE OF: $7,410 Irerracon Packet Pg. 91 8.B.3.b WORK AUTHORIZATION NO. 04 CONTRACT C15-04-219 AIRPORT ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2017, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County' and AECOM TECHNICAL SERVICES, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on April 21, 2015, the County entered into a Professional Engineering Services Agreement (Contract No. C15-04-219) hereinafter referred to as "Contract" with the Consultant to provide continuing professional airport engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: Treasure Coast International Airport and Business Park Professional Airport Engineering Services for the Design, Bid and Award to Rehabilitate Taxilane D1 and Related Work — Design, Bid and Award Services (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional architectural services for the Project under the pricing, terms and conditions of the continuing contract (C15-04-219). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule which is attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be paid at the approved hourly rate schedule and will not exceed a total amount of $64,685.05 (sixty-four thousand six hundred eighty-five and 05/100 dollars), as further detailed in Exhibit "D". 1 Packet Pg. 92 8.B.3.b 4. CONSTRUCTION COSTS: The construction costs of the Project for which Consultant will render the Professional Services are estimated by the County not to exceed $2,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within 210 (two hundred ten) calendar days thereafter, as further described in Exhibit "B'. C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated damages, a sum of $25.00 (twenty-five and 00/100 dollars) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the p County Administrator with the County invoking all rights and remedies thereof. c e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. _ IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 93 8.B.3.b WITNESSES: (1) (2) AECOM TECHNICAL SERVICES, INC. BY: PRINT NAME: r a Packet Pg. 94 8.C.1 ITEM NO. (ID # 4159) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE 03/07/2017 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - Peter Miller - 10535 South Ocean Drive - parking spaces for "employees only" on Las Olas Drive Property Acquisitions received a request from Peter Miller to allow "employees only" parking on the right- of-way of Las Olas Drive. The parking will be partially on Mr. Miller's property and on the County's right- of-way of Las Olas Drive. This will allow more parking for Mr. Miller's customers at his place of business. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct staff to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: Coordination/Signatures anie 5. McIntyre, C my ttorney 2/17/2017 Packet Pg. 95 '°:.4441C� &�7 10535 South Ocean Drive 8.C.1.a s Q niS MER St.L— C—Imahes no.e.-1, �plesemaliea rgnaranlyasrothecontent in 0 DA920A04 0.008 0.012 0.93F: The reader ehoukl not rely on the tla� provided nereln Soy any resort. St Lucie County eapllcity disclaims any represenlelbns end werrenlles. Ind,ding, wilhoat Ilmilatlon, the implied es pl march—icillty antl f—ss for a paniculer purpose. S. Lucie County shall aswme na liebil'ny for- 1. Any snore, amiss—, ar mesa reties In tl : rdl irlWrmalion provided reprtlEes: of Mow wusetl, ar I. Anydeoisian made ar action taken or rwl taken by any prersen in relierrce apm any mtarmatien er deW famieFod hBr9untlar_ Packet Pg. 96 8.C.1.b December 28, 2016 Janet LiCausi Property Acquisition Agent St. Lucie County, Florida Dear Ms. LiCausi: I am the property owner of 10535-4.1 South Ocean Drive, Jensen Beach, FL 34957. I would request permission from the Board of County Commissioners to approve usage for parking on the county's 50' right of way on South Las Olas Drive, directly behind my building. I have been fortunate to have.parking in the back of my building. I have used it since I purchased the abandoned building in 2011..l have invested a substantial amount of money to improve the building and offer small businesses an opportunity to serve the residents on Hutchinson Island. It was never brought to my attention that I needed county approval for parking behind my building. I. would like to rectify this with the Board of Commissioners' approval. Thank you for your consideration in this matter. R p ctfully y urs, ilt) PeterJ. Miller 26 Hayre Stre Westfield, MA 01085 Packet Pg. 97 8.C.1.c This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 REVOCABLE LICENSE AGREEMENT r THIS AGREEMENT made and entered this r day of February, 2017, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and PETER J. MILLER, 26 Hayre Street, Westfield, MAl'Owner"). WHEREAS, the Owner owns the property described as follows: LOCATION--10535 South Ocean Drive Parcel ID - 4511-500-0006-000-8 WHEREAS, the Owner desires to have "employee parking" in the rear of their property at 10535 S. Ocean Drive. This parking would lie within the County right-of-way of Las Olas Drive. WHEREAS, the County is willing to permit the Owner to park vehicles as close to their fence as possible. This parking area will be maintained subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the purpose of having parking spaces for "employees only" on Las Olas Drive, see location in Exhibit "A". This license shall extend only to "employee parking" as close to the fence and off of the right-of-way as much as possible. This license shall not extend to the construction and/or installation of any additional structures, utilities or added parking spaces. 2. The sole purpose of this Revocable License Agreement is to have parking spaces for "employees only" at the rear of the property. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to have "employees" park close to the fence in the prepared area and to maintain the grass and parking area in the right-of-way of Las Olas Drive. The parking shall be 4 Packet Pg. 98 8.C.1.c as close to the fence as possible and cannot extend any further into the right-of-way of Las Dias Drive for safety. Any maintenance of the parking pad and/or replacement of the grass caused by this parking area along with cleanup of any erosion, should it fail, will be the responsibility of the Owner to repair. 4. The Owner is required to have a licensed contractor perform any work on the parking area that is located within the right-of-way of Las Dias Drive, if needed, in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the parking pad and repair of the grass at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owner perform certain alterations to the parking area in the Las Dias Drive right-of-way, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the parking area, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the re -sodding or plugging of the abandoned parking area as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the parking at anytime and at no cost to the County, if necessary for the maintenance or improvements of Las Dias Drive by the County. 10. The parking area in the right-of-way of Las Olas Drive shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval 2 Packet Pg. 99 8.C.1.c of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the parking area for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, Florida 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 As to Owner: Peter J. Miller 26 Hayre Street Westfield, MA 01085 Or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. The Owner shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorney's fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its` agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property, excluding costs, damages and liabilities resulting from the negligence or willful misconduct of County, its agents, employees, representatives or contractors. 14. The Revocable License Agreement shall be recorded in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording 3 Packet Pg. 100 8.C.1.c this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ""�' 6/" fitness Witness STATE OF K ! C CIU C- COUNTY 0F L/2�),j 1 The foregoing instrument was acknowledged before me this day of February, _2017, by PETER 1. MILLER who produced a J)L (type of identification) and who did take an oath. WITNESS my hand and official seal, this; day of WA.D., 2017. F1 Packet Pg. 101 8.C.1.c (SEAL) 12""."t.- -77 CD LO r C d E O d L Q d d J N m V O d d C tm ZE Q Packet Pg. 102 8.C.2 ITEM NO. RES-2017-34 TO: PRESENTED BY: SUBMITTED BY: ci miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 03/07/2017 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Ravinia - PUD - Donation of Right -of -Way - 5' on Christensen Road On November 8, 2005, the Board of County Commissioners approved Resolution No. 05-352 granting preliminary development plan approval for a project known as Ravinia - PUD. A condition of approval required Ravinia convey 5' along their western property line for the future widening of Christensen Road to St. Lucie County. PREVIOUS ACTION: November 8, 2005 - Board of County Commissioners approved Resolution No. 05-352 granting preliminary development plan approval for a project known as Ravinia - PUD. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board accept the right-of-way donation from Ravina, authorize the Chairman to sign the resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 103 8.C.2 Coordination/Signatures ianiey'S. McIntyre, CAtorney 2/17/2017 Updated: 2/15/2017 1:49 PM byJoAnn Riley Page 2 Packet Pg. 104 , St J-"ao CHRISTENSEN ROAD RIGHT-OF-WAY DONATIO W MIDWAY RD NW rHY NW -RELIEF -CT „ i R C!R .. 1. 1 ., 1„ 1 .- 0 Z W U) Z W Ix 0 olsCLAIMER Se treeconnwmakes..warranty.repreeentaticnseaarantyastothe aMenl.say�,,m,a—racy,timeliness, orcempiatanaaaofany mmegeadatalnfomtJonpmmdeeHarem_ 0 0,015OA3 0.06 O.D9 D.12 Thereaderaho"d Irely - the data p,,,d,d herein Ins aily,B 0. St Lucie Gwn[ye,pliadly o1wisimp any represenrellonsand--rent—,molding. MIIlmRarwn, Ina p,preid Wes of in—h- abllily end Itar a partlwWr purpose. 5t. Lade Goanty shall aswme no liabdily lot: I. Any ono is, emissions, er inaCtdraaiea in the Norm 11l 1 p—ded regardless el hew.deed', or 2_ Any decision made or and- taken or not taken by any Per— in rellance upon any mfo,mal- or date Fur —had hI, Packet Pg. 105 SKETCH OF LEGAL DESCRIPTION FOR 5' ADD'L R/W CHRISTENSEN ROAD I 8.C.2.b I NORTH LINE OF LOT 107 WHITE CITY SUBDIVISION SOUTH LINE OF LOT 107 WHITE CITY SUBDIVISION NORTH LINE OF LOT 112 WHITE CITY SUBDIVISION o� a P.O.C. N.E. CORNER OF THE r SOUTHWEST QUARTER Z SECTION 5-T36S-R40E W W Cr) Z c0 W H O U) CD U) 2 U, P O.Bi N89°53' 1 "E 25.00( 25 W �6 0C I O� I� 1 25' ' 25' QII CHRISTENSEN FARMS P.B. 49 PG. 11 ------------------------- MIDWAY ROAD NORTH LINE OF LOT 108 WHITE CITY SUBDIVISION PARCEL ID: 3403-502-0201-000-6 ST LUCIE COUNTY 6—o 2300 VIRGINIA AVE FORT PIERCE, FL 34982 SEC/TOWN/RANGE: 05/36S/40E >0 North R/W Line per prposed plat. CC• M WINONA WAY PER PROPOSED O rl- PLAT OF RAVINIA CD South R/W Line per proposed plat. o��QO p Z PARCEL 1 I lo° Z '�-> 1 W °s y LLm O = Z co w PARCEL ID: 3403-502-0202-000-3 W ST LUCIE COUNTY I.—c v w 2300 VIRGINIA AVE n w L) FORT PIERCE, FL 34982 X 13= SEC/TOWN/RANGE:05/36S/40E S 99 s�9, NS< F R� C� C% SOUTH LINE OF LOT 108 WHITE CITY SUBDIVISIOP NORTH LINE OF LOT 111 PARCEL 2 WHITE CITY SUBDIVISIOP O O O � 0 ) O - O Z I 'I§ II MATCHLINE SEE SHEET 2 OF 3 BOARD OF COUNTY COMMISSIONERS SKETCH OF LEGAL DESCRIPTION ST. LUCIE COUNTY, FLORIDA N � 2 M Z 2 FOR PUBLIC WORKS DEPT., ENGINEERING DIVISION w o 0 5'ADD'L R/W CHRISTENSEN ROAD SURVEY SECTION 2300 VIRGINIA AVE., FORT PIERCE, FLORIDA, 34982 TELEPHONE 462-1707 NORTH 0' 100' I SCALE: 1" = 100' M LEGEND / ABBREVIATIONS `~ O POB = Point of Beginning, POC = Point of Commencement R/W = Right of Way SEC = Section TOWN = Township p ID - Identification O N.S.L.R.W.C.D. = North St. Lucie River O Water Control District P.B. = Plat Book G 0 c 0 7 0 N M 0 N Cn w 0 Q- tn d C IM m J C O z m Y co SURVEY 01/04/17 REVISIONS CHK. RR NO. DATE SUBJECT IE DRAWN RR N 6 C d E t U tC -W a Packet Pg. 106 8.C.2.c Florida, that: RESOLUTION NO. 2017- A RESOLUTION ACCEPTING A WARRANTY DEED OF DONATION ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Warranty Deed of Donation from Ravinia Port St. Lucie, LLC. is duly accepted on behalf of St. Lucie County this 71" day of MARCH, 2017. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Packet Pg. 107 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 8.C.2.d EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2758433 12/08/2005 at 11:25 AM OR BOOK 2432 PAGE 2269 - 2274 Doc Type: RESO RECORDING: $52.50 RESOLUTION NO. 05-352 File Number: PUD-04-043 and RZ-04-051 A RESOLUTION GRANTING PRELIMINARY DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS RAVINIA - PUD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Centerline Acquisitions LLC presented a petition for Preliminary Planned Unit Development Approval for a 120-unit single family residential subdivision to be known as Ravinia - PUD. 2. On September 15, 2005, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition of Centerline Acquisitions Inc., after publishing a notice of such hearing in the Fort Pierce Tribune and notifying by mail all property owners within 500 feet of the property boundaries. 3. On November 8, 2005, this Board held a public hearing on the petition of Centerline Acquisitions Inc, for Preliminary Planned Unit Development approval for the project known as Ravinia — PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 4. The Development Review Committee has reviewed the Preliminary Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 5. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 6. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. November 8, 2005 Page 1 Resolution No. 05-352 File No.: PUD-04-043 and RZ-04-051 Packet Pg. 108 8.C.2.d 1 2 8. The proposed project will be constructed, arranged and operated so as not to 3 interfere with the development and use of neighboring property, in accordance 4 with applicable district regulations. 5 6 9. The proposed project will be served by adequate public facilities and services. 7 8 10.A Certificate of Capacity, a copy of which is attached to this Resolution, was 9 granted on November 2, 2005. 10 11 12 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 13 St. Lucie County, Florida: 14 15 A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, 16 the Preliminary Planned Unit Development Plan for the project to be known as 17 Ravinia - A Planned Unit Development be, and the same is hereby, approved as 18 shown on the site plan drawings for the project prepared by Julian Byran & 19 Associates, P.A. dated September 9, 2004, subsequently revised through 20 September 28, 2005, and date stamped received by the St. Lucie County Growth 21 Management Director on September 29, 2005, subject to the following conditions: 22 23 1. Any Final PUD approval shall include the condition that should the Developer 24 choose to bond all the improvements, a signed and sealed certified engineer's 25 estimate of probable cost shall be submitted along with a fully executed 26 Subdivision Improvement Agreement. The bond and or Letter of Credit shall 27 include a 15% contingency for all public improvements. These improvements 28 would include but are not limited to the required turn lanes on West Midway Road 29 and the paving and drainage of Christensen Road. 30 31 After acceptance by the County of the constructed improvements the developer 32 will be required to enter into a Maintenance Agreement and provide security in 33 the amount of 15% of the cost of construction. The period of maintenance shall 34 be for (1) one year and (30) thirty days. 35 36 2. Any Final PUD approval shall include the condition that prior to any authorization 37 for building permits for the construction of single family homes in this project; the 38 applicant shall provide engineering plans for the Christensen Road 39 improvements and the required turn lanes on West Midway Road. The 40 engineering plans shall be submitted to the County Engineer for review and 41 approval prior to the release of this condition. 42 43 3. Any Final PUD approval shall include the condition that prior to the issuance of 44 the first Certificates of Occupancy, Christensen Road shall be paved from the 45 project access point to West Midway Road. All construction within the Public 46 Road right-of-way shall be approved by the County Engineer or his designee. In November 8, 2005 Page 2 Resolution No. 05-352 File No.: PUD-04-043 and RZ-04-051 Packet Pg. 109 8.C.2.d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 addition, the applicant is required to make a fair share contribution towards the cost of paving the remainder of Christensen Road. 4. Any Final PUD approval shall include the condition that prior to the issuance of any Certificate of Occupancy, the developer, or his assigns, shall be required to provide for the cost of constructing a left and right turn lanes at the projects West Midway Road entrance, as approved by the County Engineer. 5. Any Final PUD approval shall include the condition that prior to, or as part of, the final platting of the subject property, the developers shall be required to convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, 40 foot of additional right-of-way along the site plan's northern property line for the future widening of West Midway Road and 5 feet along it's western property line for the future widening of Christensen Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 6. Any Final PUD approval shall include a condition that prohibits the use of Christensen Road as the construction entrance for the project. All construction vehicles are to utilize the main entrance point on West Midway Road. 7. Any Final PUD approval shall include the condition that prior to Final Plat approval for this project, the developers, their successors and assigns, shall have entered into an enforceable utility service agreement with City of Port St. Lucie Utilities District to ensure the provision of water and sewer services. This agreement shall be in a form consistent with the City of Port St. Lucie Utility Department's regulations regarding utility service extensions and service provisions. 8. A condition of approval shall be that an executed (signed) copy of the easement document must be provided to SLC Environmental Resources Division prior to the issuance of a SLC Vegetation Removal Permit. Also, within 60 days of issuance of a permit a recorded copy of the easement document will be required to be submitted. 9. A condition of approval shall be that prior to the issuance of a Certificate of Occupancy for the first residence or structure to be completed, proof of purchase of the 1.5 to 3 wetland mitigation credits shall be provided to St. Lucie County. 10.A condition of approval shall be that prior to the issuance of a St. Lucie County Vegetation Removal Permit, a location map of all active, inactive, and abandoned gopher tortoise burrows on -site be submitted. 11.The Final PUD plans shall provide a stabilized emergency access road to Christensen Road, south of the canal. The access road shall be a 20 foot wide stabilized and sodded emergency access immediately north of lot 120. November 8, 2005 Page 3 Resolution No. 05-352 File No.: PUD-04-043 and RZ-04-051 Packet Pg. 110 8.C.2.d 1 2 12.The Final PUD shall provide enhanced landscaping between its Winthrop Drive 3 and the residential property along West Virginia Drive. The applicant shall also 4 provide supplemental plantings to enhance the buffer, where needed and 5 approved by the County's Environmental Resource Department, along its 6 southern property line and the buffer between Ashland Circle and residential 7 homes to the east. 8 9 10 B. The property on which this site plan approval is being granted is described below. 11 12 THE EAST 312.5 FEET OF LOT 98 OF SECTION 5, TOWNSHIP 36 13 SOUTH, RANGE 40 EAST, WHITE CITY SUBDIVISION, ACCORDING 14 TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, 15 PAGE(S) 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA 16 EXCEPTION ROAD RIGHTS -OF -WAY 17 18 AND 19 20 LOTS 108, 109, 110,111,120 AND 121, IN SECTION 5 TOWNSHIP 36 21 SOUTH, RANGE 40 EAST, WHITE CITY SUBDIVISON, ACCORDING 22 TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, 23 PAGE(S) 23, PUBLIC RECORDS OF ST. LCUIE COUNTY, FLORIDA 24 EXCEPTING HOWEVER THE ABOVE DESCRIBED LAND ALL RIGHTS- 25 OF -WAY FOR PUBLIC ROADS AND DRAINAGE CANALS. 26 27 Location: South side of West Midway Road, approximately 1/2 mile 28 west of South 25t" Street. 29 30 31 C. This Preliminary Planned Unit Development Site Plan approval shall expire 32 on November 8, 2007, unless an extension is granted in accordance with 33 Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final 34 Planned Unit Development Approval has been granted. 35 36 37 D. The Preliminary Planned Unit Development Site Plan/General Site Plan 38 approval granted under this Resolution is specifically conditioned to the 39 requirement that the petitioner, Centerline Acquisitions LLC, including any 40 successors in interest, shall obtain all necessary development permits and 41 construction authorizations form the appropriate State and Federal regulatory 42 authorities, including but not limited to; the United Stated Army Corp of 43 Engineers, the Florida Department of Environmental Protection, and the 44 South Florida Water Management District, prior to the issuance of any local 45 building permits of authorizations to commence development activities on the 46 property described in Part B. November 8, 2005 Page 4 Resolution No. 05-352 File No.: PUD-04-043 and RZ-04-051 Packet Pg. 111 8.C.2.d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 E. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Department. G. ADOPTION After motion and second, the vote on this resolution was as follows: Chairperson Frannie Hutchinson AYE Vice Chairperson Doug Coward AYE Commissioner Chris Craft AYE Commissioner Paula A. Lewis AYE Commissioner Joe Smith AYE PASSED AND DULY ADOPTED this 8th day of November, 2005. ATTEST: DENPUTY CLERK November 8, 2005 Page 5 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA -y1 Chai COUNTY ATT, tIR Y / Resolution No. 05-352 File No.: PUD-04-043 and RZ-04-051 0 0 c 0 c 0 0 c 0 0 M ti r 0 N (n w W N LO M LO 0 0 z c 0 N 3 F W Packet Pg. 112 8.C.2.d St Lucie County Certificate of Capacity Date 11/2/2005 Certificate No. 2233 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Preliminary PUD Number of units 120 Number of square feet 2. Property legal description & Tax ID no. 3403-502-0166-0008 and 3403-502-0200-0009 S side of W Midway Rd, 1/4 mi W of S 25th St Ravinia - PUD 3. Approval: Building Resolution No. 05-352 Letter 4. Subject to the following conditions for concurrency: Subject to conditions cited in Resolution No. 05-352 Owner's name Centerline Acquisitions, LLC Address 825 Coralridge Dr. Coral Springs FL 33071 6. Certificate Expiration Date 11/8/2007 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed 6ei4s=Date:11/2/2005 Piss'* O�VcLpft- Growth Management Director St Lucie County, Florida Wednesday, November 02, 2005 Page 1 of 2 Packet Pg. 113 8.C.3 ITEM NO. RES-2017-35 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 03/07/2017 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Mellen Groves - Donation of Right -of -Way - 15' on Header Canal Road On August 20, 2002, the Board of County Commissioners approved the Plat of Raptor Grove Subdivision. On June 17, 2016, the Planning & Development Services Director approved PDS Order No. 16-029 granting Minor Site Plan approval for Mellen Groves Subdivision. A condition of approval required Mellen Groves convey 15' on Header Canal Road to St. Lucie County. PREVIOUS ACTION: August 20, 2002 - Board of County Commissioners approved the Plat of Raptor Grove Subdivision. June 17, 2016 - Planning & Development Services Director approved PDS Order No. 16-029 granting Minor Site Plan approval for Mellen Groves Subdivision. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board accept the right-of-way donation from Mellen Groves, authorize the Chairman to sign the resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 114 8.C.3 Coordination/Signatures ianiey'S. McIntyre, CAtorney 2/17/2017 Updated: 2/15/20174:35 PM byJoAnn Riley Page 2 Packet Pg. 115 5�"• �. LOCATION OF HEADER CANAL ROAD PROPER s•C.3.a s. m O w m U L d m d DISCLAIMER 81, L. Cowdy makes no wana.1,. re,mu"talion or guaranty as to th wrcem, segwrsx. accuracy. timeliness, or cempuarenapa or any of ma geodala inmrmatan pmmaea hared 0 0.03250.005 0,13 0, 195 0.26 The read., ahoWd rat rely on the dale p—deo h-6) for arty reaIIOn. St. L.I. C.0y erplirdy disclaims any representations and warranliea, IncWdmg, without Ilmilel- the implied Miies rre Mas of merchaH.brllty and Pones ar a pargwler owsass. 51. Laoas C "shill eswme ne rid bilOr tar', 1.My Brr—, emtaeana, ar'rnacrureues In hee in[ol Tloh groused fegaMl06s of taw, used; ar 2. Any loch made or sedan taros, or not taken by airy person in ra{iance open arty s,fr tlon or data fU i h,d hereunder. Packet Pg. 116 I 8.C.3.b I DESCRIPTION do SKETCH PREPARED FOR: LEONARD VITO MECCA FARMS, INC. 15' RIGHT —OF --WAY TO ST. LUCIE COUNTY LEGAL DESCRIPTION: THE EAST 15 FEET OF LOT 5, RAPTOR GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 41, PAGE 13, PAGES 13 THROUGH 13A, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. CONTAINING: 19,125 SQUARE FEET OR 0.439 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY ALEXANDER J. PIAZZA PSM, INC. 5. DATE OF LEGAL DESCRIPTION: SEPTEMBER 9, 2016 ALEXANDER J. PIAZZA PSM INC. ALEXANDER J. PIAZZA PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 6330 ALEXANDER J. PIAZZA PSM, INC. Surveying • Mapping • Consulting 619 SW Biltmore Street ® Port St. Lucie, Florida 34983 Phone: (772) 340-7770 Uwm Fax: (772) 340-2250 CAD K:\MECCA FARMS\RAPTOR GROVE\16 2338SK1. M REF K:\MECCA FARMS\RAPTOR GROVE\16-2338.DM FLD CJM / AJP FB. PG. JOB 16-2338 OFF CJM DATE 9-02-16 CKD A JP I SHEET 1 OF 3 I DWG A-136 K:\MECCA FARMS\RAPTOR GROVE\16-2338SK1.dwg, 9/2/2016 1:55:53 PM Packet Pg. 117 I 8.C.3.b I OPTION & SKETCH PREPARED FOR: LEONARD VITO MECCA FARMS, INC. 15' RIGHT—OF—WAY TO ST. LUCIE COUNTY ALEXANDER J. PIAZZA PSM, INC. Surveying - Mapping • Consulting 619 SW Biltmore Street ® Port St. Lucie, Florida 34983 Phone: (772) 340-7770 U47M Fax: (772) 340-2250 CAD K:\MECCA FARMS\RAPTOR GROVE\16-2338SK1.D%G REF K:\MECCA FARMS\RAPTOR GROVE\16 2338.DWG FLD CJM / AJP FB• PG. JOB 16-2338 OFF CJM DATE 9-02-16 CKD AJP SHEET 2 OF 3 DWG A-136 r Q K:\MECCA FARMS\RAPTOR GROVE\16-2338SK1.dwg, 9/2/2016 1:56:17 PM Packet Pg. 118 I 8.C.3.b I DESCRIPTION & SKETCH PREPARED FOR: LEONARD VITO MECCA FARMS, INC. 15' RIGHT-OF-WAY TO ST. LUCIE COUNTY NORTH ST. LUCIE WATER CONTROL DISTRICT CANAL #64 109' R/W N89'48'48"W NORTH I1N 4 S89'48'47"E 15.00'-\�' LEGEND: DE = DRAINAGE EASEMENT OB - DEED BOOK LB = LICENSE BUSINESS LS = LICENSE SURVEY (M) - MEASURED ORB - OFFICIAL RECORD BOOK PB = PLAT BOOK POB = POINT OF BEGINNING POC - POINT OF COMMENCEMENT ROW - RIGHT-OF-WAY RPB = ROAD PLAT BOOK UE = UTILITY EASEMENT NORTH LINE LOT 5 LOT 5 RAPTOR GROVE (PB 41, PG 13) SOUTH LINE LOT 5 N89.48'47"W 15.00' LOT 4 RAPTOR GROVE (PB 41, PG 13) ALEXANDER J. PIAZZA PSM, INC. Surveying • Mapping • Consulting 619 SW Biltmore Street ® Port St. Lucie, Florida 34983 Phone: (772) 340-7770 LBfmo Fax: (772) 340-2250 11 12 SECTION 90.14 13 60' CORNER � 0 [V a o Lo Q a 0 � b � W z J � � O V ¢ T w W a 0 c> N a z 0 1= U w LL- 0 w z 90.60' �- w Cb a 3z UJ now N _N Of N 0 ZZ O U 0 w t1. 0 z CAD K:\MECCA FARMS\RAPTOR GROVE\16-2338SKf.DW REF K:\MECCA FARMS\RAPTOR GROVE\18-2338.DWG FLD CJM / AJP FB• PG. JOB 16 2338 OFF CJM DATE 9-02-16 CKD AJP SHEET 3 OF 3 DWG A-136 r Q K:\MFCCA FARMS\RAPTOR GROVE\16-2338SK1.dwg, 9/2/2016 1:57:07 PM Packet Pg. 119 8.C.3.c Florida, that: RESOLUTION NO. 2017- A RESOLUTION ACCEPTING RIGHT-OF-WAY ON HEADER CANAL ROAD ON BEHALF OF ST. LUCIE COUNTY, FLORIDA w c R U L BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, x The foregoing Warranty Deed of Donation from Leonard Vito Mecca Farms, Inc., is duly accepted on behalf of St. Lucie County this 7th day of March, 2017. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: 113'E County Attorney Packet Pg. 120 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4207808 07/07/2016 04:05:55 PM OR BOOK 3888 PAGE 1029 - 1034 Doc Type: ORD RECORDING: $52.50 8.C.3.d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 PDS Order No. 16-029 MNSP 420165004 AN ORDER GRANTING A MINOR SITE PLAN APPROVAL FOR A PROJECT KNOWN AS MELLEN GROVES SUBDIVISION WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for site plan approval and reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Leonard Vito Mecca Farms, Inc. submitted an application for Minor Site Plan approval for a five lot agricultural/residential subdivision to be known as Mellen Groves Subdivision, located on the west side of Header Canal Road, approximately one half mile south of Orange Avenue in the AG-5 (Agricultural—1du/5acres) Zoning District, more particularly described in Part B below and depicted on Exhibit A. 2. The Development Review Committee has reviewed the site plan for the proposed project and found, with the proposed conditions, it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the Land Development Code. 3. The project will not have an undue adverse impact on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 4. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through site design. 5. The project is designed, constructed and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 6. The project is to be served by adequate public facilities and services; well and septic systems will be permitted by the Florida Department of Health for individual lots. 7. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Development Review Committee Final Report for the Mellen Groves Subdivision Minor Site Plan, dated June 16, 2016. June 17, 2016 PDS Order No. 16-029 M NSP 420165004 Page 1 Packet Pg. 121 8.C.3.d r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 8. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached to this order, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed Minor Site Plan project known as Mellen Groves Subdivision, is hereby approved as shown on the site plan drawings for the project prepared by Boggs Planning & Landscape Architecture, dated March 28, 2016, revised through June 16, 2016, and date stamped received by the St. Lucie County Planning and Development Services Director on June 21, 2016, subject to the following conditions: 1. Within 90 days after receiving final site plan approval or prior to final plat approval whichever comes first the applicant shall convey the required road right of way for Header Canal Road. Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. 2. Prior to plat approval, all onsite Category I exotic vegetation shall be removed from the site 3. The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 4. All other applicable state or federal permits including but not limited to Florida Department of Environmental Protection permits must be obtained before commencement of the development. B. The property on which this Minor Site Plan approval is being granted is described as follows RAPTOR GROVES, LOT 5 Parcel ID: 2214-500-0005-000/3 C. The approvals granted by this administrative order shall expire on June 17, 2018, unless a plat is recorded in public records or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. June 17, 2016 PDS Order No. 16-029 M NSP 420165004 Page 2 Packet Pg. 122 8.C.3.d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 D. The developer is advised as part of this site plan approval that the developer or any successor in interest shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this approval by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. F. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed to the applicant and agent of record as identified on the site plan applications. G. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this order shall become null and void. H. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. I. This order shall be recorded in the Public Records of St. Lucie County. June 17, 2016 PDS Order No. 16-029 MNSP 420165004 Page 3 Packet Pg. 123 8.C.3.d 1 2, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDER effective the 17th Day of June, 2016. June 17, 2016 PDS Order No. 16-029 PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FJLORIDA BY Les AICk, Director APPROVED AS TO FORM AND CORRECTNESS: BY k) IA County Attorney M NSP 420165004 Page 4 Packet Pg. 124 1 2 3 4 5 EXHIBIT A MNSP-420165004 zoning Mellen Grove -ORANGE AVE �U 0 y �a CG IL AG-1 Il AG--5 AG-5 IX AG-5 77 ZJ C AG-5 i AG5—M-AG-5 a M PINEAPPLE�L•N AG-5 ® Subject parcel AG-1 -Agricultural (1 dulac) IX- Industrial Extraction U 500 1.0110 1.500 2,000 N AG-5 -Agricultural (1 du/5 ac) IL -Industrial Light Feet N CG - Commercial General Map prepared April 29, 2015 June 17, 2016 PDS Order No. 16-029 MNSP 420165004 Page 5 Packet Pg. 125 8.C.3.d St Lucie County Certificate of Capacity Date 6/16/2016 Certificate No. 2973 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development 5 parcel agricultural/residential subdivison Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 2214-500-0005-000/3 Header Canal Road (west side south of Orange) Mellen Groves Subdivision Raptor Groves. 3. Approval: Building Resolution No. PDS 16-029 Letter 4. Subject to the following conditions for concurrency: 15' ROW dedication for Header Canal Road Owner's name Leonard Vito Mecca Farms, Inc. Address 7324 Edisto Drive Lake Worth, FL 33 FL 34982 6. Certificate Expiration Date 6/16/2017 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development Qrder(s)tirtsued for the same property, use and size as described herein. Signed I , . (��i�_y �-- Date: 6/16/2016 Planning and Development Services Director St Lucie County, Florida Thursday, June 16, 2016 Page 1 of 2 Packet Pg. 126 8.C.4 ITEM NO. RES-2017-36 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney DATE: 03/07/2017 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Extending Ordinance No. 16-006 which Temporarily Postpones County Approvals for Commercial Composting Facilities At the Board of County Commissioner's January 12, 2016 informal meeting, the Board generally discussed the issue of regulating the location and use of commercial composting facilities. The Board requested County staff to study the issue and develop regulations, as appropriate, to be presented to the Board upon completion of the study. On June 7, 2016 the Board adopted Ordinance No. 16-006 which provides for the temporary postponement of applications for approval of commercial composting facilities. The postponement was for a period of three hundred thirty (330) days after the date of the adoption of Ordinance No. 16-006 or the date when the regulations take effect, whichever occurs first. The ordinance provided that the Board may extend the term of the ordinance for up to an additional thirty (30) days by resolution. The County has contracted with CDM Smith, Inc. to provide professional assistance associated with the revision of the land development regulations pertaining to the development of commercial composting facilities. The County's contract with CDM Smith, Inc., includes the following deadlines: 1. Data collection and kickoff meeting by February 20, 2017. 2. Impacts of commercial composting and land application of sludge by April 12, 2017. 3. Project quality management by May 6, 2017. The three hundred thirty (330) day period for temporarily postponing applications will expire on May 3, 2017. Staff is requesting that the Board adopt a resolution extending the term of the ordinance for an additional thirty (30) days - i.e., until June 2, 2017. 7:7��INhJ:�e��[�P►lF N/A FINANCIAL IMPACT: N/A Packet Pg. 127 8.C.4 RECOMMENDATION: Staff recommends the Board adopt resolution as drafted. COMMISSION ACTION: Coordination/Signatures ianie)k &Mc'Inty,'Mre,torney 2/22/2017 updated: 2/28/2017 9:37 AM by Katrina Slay Page 2 Packet Pg. 128 8.C.4.a RESOLUTION NO. 17-XXX A RESOLUTION EXTENDING ORDINANCE 16-006 FOR COMMERCIAL COMPOSTING FACILITIES FOR AN ADDITIONAL THIRTY (30) DAYS WHEREAS, the Board of County Commissioners ("Board") of St. Lucie County ("County"), Florida, presently is working with its staff and professional consultants to prepare comprehensive plan amendments and land development regulations that will govern the location and development of commercial facilities in the unincorporated County that will process solid waste or biosolids (domestic wastewater residuals) to produce compost; and WHEREAS, the Board finds that the regulation of commercial composting facilities is necessary and appropriate to guide the future use and development of land in the unincorporated County, and to protect the public health, welfare and safety, including but not limited to the environmental resources of the County and surrounding areas; and WHEREAS, the Board wishes to ensure that all amendments to the County's comprehensive plan, amendments to the County's Official Zoning Atlas, and the issuance of development orders concerning commercial composting facilities are temporarily postponed until the County has a reasonable opportunity to complete its analysis of the relevant issues, and complete the formulation and implementation of the necessary amendments to the County's comprehensive plan, zoning code, and other land development regulations (collectively, the "Regulations"); and WHEREAS, on June 7, 2016 the Board approved Ordinance No. 16-006, which temporarily postponed any County approvals for commercial composting facilities until May 3, 2017; and WHEREAS, the County has hired a consultant to assist in drafting the ordinance but the consultant's final report will not be completed until shortly after May 3, 2017; and WHEREAS, Ordinance No. 16-006 provided that the Board may adopt a resolution extending the term of the ordinance for an additional thirty (30) days, if the Board finds the extension is necessary and in the public interest. WHEREAS, the Board has determined that a brief extension of Ordinance No. 16-006 is in the public interest because, among other things, it will provide time for the County's staff and consultants to complete their work regarding the regulation of commercial composting facilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby approves and grants a thirty (30) days extension of Ordinance No. 16-006 because the extension is necessary and in the public interest. 2. The Board hereby instructs and authorizes the County staff to move forward expeditiously with the preparation of Regulations, as necessary, concerning commercial composting facilities. Packet Pg. 129 8.C.4.a ATTEST: After a motion and second, the vote on Resolution 17-XXX was as follows: Chairman Chris Dzadovsky XXX Vice -Chairman Tod Mowery XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this 7th day of March, 2017. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 130 8.C.5 ITEM NO. RES-2017-37 AGENDA REQUEST TO: Board of County Commissioners DATE: 03/07/2017 *CONSENT AGENDA\COUNTY ATTORNEY PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution - Budget Resolution - Accepting funds in the form of a reimbursement in a class action law suit for overcharged monies paid to AT&T for a damaged cable wire in the amount of $622.71. BACKGROUND: The County has paid a bill from AT&T for the cost of repairing damage to a cable. James D. Hinson Electrical Contracting Co., Blythe Development Company, Callaway Grading, Inc., and the National Utility Contractors Association filed a lawsuit alleging AT&T included unlawful charges in its damage claims or repair bills. The lawsuit was seeking to recover damages and to prohibit the challenged charges on a going -forward basis. AT&T denies it acted improperly or is liable for any damages. The parties agreed to a settlement under which AT&T would pay up to $15 million and change certain practices to resolve all claims. The County filed a claim in this case and received a check for $622.71 (copy attached). PREVIOUS ACTION: N/A FINANCIAL IMPACT: Reimbursement funds in the amount of $622.71 will be added to revenue account string #101003-4108- 369930-400 (Reimbursements) RECOMMENDATION: Staff recommends Board approval of the budget resolution accepting the settlement funds and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 131 8.C.5 Coordination/Signatures 4anieY�.WMc'Inty,'re,torney 2/23/2017 h y burn,offf e 0udgetDirector 2/23/2017 Updated: 2/28/2017 9:38 AM by Katrina Slay Page 2 Packet Pg. 132 RESOLUTION 8.C.5.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Hinson v AT&T Settlement Fund, in the form of a reimbursement in a class action law suit for overcharged monies paid to AT&T for a damaged cable wire in the amount of $622.71. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 10th day of January, 2017, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2016-2017, and the County's budget is hereby amended as follows: REVENUE 101003-4108-369930-400 APPROPRIATIONS Reimbursement 101003-4108-541000-400 Communication After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman Commissioner Tod Mowery, Vice Chairman Commissioner Linda Bartz Commissioner Frannie Hutchinson Commissioner Cathy Townsend PASSED AND DULY ADOPTED THIS 7TH DAY OF MARCH 2O17. ATTEST: $622.71 $622.71 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY m E m r r a� U) Ca Q Packet Pg. 133 8.C.5.b AT&T Repair Billing Litigation c/o Analytics P.O. Box 2002 Chanhassen, MN 55317-2002 IIIIIII IIIIII IIII III IIIII IIIII IIIII IIIII Illii IIIIII IIII IIIII IIIIII III IIII HTT00041 I C32C Claim Number: 1036348 ST LUCIE COUNTY ROAD DEPT 2300 VIRGINIA AVE FORT PIERCE, FL 34982-5652 Dear Class Member, The enclosed check represents your settlement share re: James D. Hinson Electrical Contracting Co., Blythe Development Company, Callaway Grading, Inc., and the National Utility Contractors Association v. AT&T Services, Inc., and, Bellsouth Telecommunications, Inc., Case No. 3:13-CV-29-J-32JRK. You have 120 days from the date on the check to cash your check; after 120 days the check will become null and void. More information is available via the case website www.attrepairclaimlitigation.com. Sincerely, Office of the Claims Administrator RECEIVED Fes 0 1 zav COUNTYATI'ORNEY 0 T J C Hinson v AT&T Settlement Fund A CHECK NUMBS m P.O. Box 2002 L E RU S 144758 L Chanhassen, MN 55317-2002 7_15 913 z11 DATE OF CHECK Q. January 25, 2017 PAY EXACTLY: SIX HUNDRED TWENTY-TWO AND 71 / 100 DOLLARS $622.71 °a t— Q Claim VOID AFTER 120 DAYS 6 HTTO 0411 C32C I IIIIIII IIIIII IIIII III IIII IIIII (IIII IIII IIIII IIIIII IIII IIIII IIIIII III IIII PAY to ST LUCIE COUNTY ROAD DEPT 6 the order of c •'' t . � v U AUTHORIZED SIGNATURE r Q t� IM 11'0000 L447S811■ 1:09 L 3 0 0 LS91: S0 26407 LII' IPacket Pg. 134 8.C.6 ITEM NO. (ID # 4155) AGENDA REQUEST TO: Board of County Commissioners DATE: 03/07/2017 *CONSENT AGENDA\COUNTY ATTORNEY PRESENTED BY: Roy Hudson, Criminal Justice Coordinator SUBMITTED BY: Criminal Justice Division SUBJECT: Amendment to the Supplement Siemens Healthcare Diagnostics, Inc. Easy Access four (4) year Agreement for the St. Lucie Drug Screening Lab, Contract Number: C13-05-188 BACKGROUND: The St. Lucie County Lab currently has had excellent service from Siemens Healthcare. This Amendment to the Supplement Master Products Agreement with Siemens would allow the Lab to purchase the smaller sized Benzodiazepine EMIT Reagent Kit for the analyzer. The amendment will allow the Lab to purchase a smaller sized Benzodiazepine EMIT Reagent Kit at a reduced price of $384.54 rather than the list price of $11,927.28. There is currently a list price invoice pending and this amendment will reduce the price considerably. The St. Lucie County Lab has a standing agreement in place with Siemens since 2008 as the Lab's provider, and F.S. 287.057(1)(f)(5)(b) exempts the Lab from the competitive bid process as specified in testing substance and mental health defendants. PREVIOUS ACTION: In 2008, the Board authorized the St. Lucie County Drug Screening Lab to start testing defendants who were involved in the court system. Since 2008, numerous Board actions have occurred as the drug screening lab has expanded. FINANCIAL IMPACT: Sufficient funds are appropriated and available in the St. Lucie Drug Screening Lab's operating account (107-2360-552000-2053). RECOMMENDATION: Staff recommends that the Board approve the amendment to the Supplement Master Products agreement with Siemens Healthcare Diagnostics Inc. for the St. Lucie County Lab. COMMISSION ACTION: Packet Pg. 135 8.C.6 Coordination/Signatures ianiey'S. McIntyre, CAtorney 2/10/2017 Updated: 3/2/2017 1:49 PM by Katrina Slay Page 2 Packet Pg. 136 8.C.6.a SIEMENS AMENDMENT to the SUPPLEMENT to the [MASTER EQUIPMENT AND PRODUCTS AGREEMENT or MASTER PRODUCTS AGREEMENT] THIS AMENDMENT to the Supplement dated to the [Master Equipment and Products Agreement or Master Products Agreement] ("Agreement") between Siemens Healthcare Diagnostics Inc. ("Siemens") and ST. LUCIE COUNTY, FL ("Customer") is made effective ("Effective Date"). WHEREAS, Customer and Siemens desire to amend the Supplement as set forth below in order that the Supplement, as amended, is acceptable to both parties for execution; NOW THEREFORE, in consideration of the terms and conditions contained herein, the parties agree the Supplement shall be amended to add the following Assays to the Supplement at the prices set forth in the chart below: Catalog # Assay Description Tests per Kit Cost per Price Per Kit (SMN) Test 10445429 Benzodiaze ines EMIT 754 $ 0.510 $384.54 EMIT II Plus DAU LO Calibrator - Syva - CAL - 14 10445406 ml $78.80 EMIT II Plus DAU L1 Calibrator - Syva - CAL - 14 10445407 ml $78.80 EMIT II Plus DAU L2 Calibrator - Syva - CAL - 14 10445408 ml $78.80 EMIT II Plus DAU L3 Calibrator - Syva - CAL - 14 10445409 ml $78.80 EMIT II Plus DAU L4 Calibrator - Syva - CAL - 14 10445410 ml $78.80 EMIT II Plus DAU L5 Calibrator - Syva - CAL - 14 10445411 ml $78.80 Customer Number (Sold to): _144527. Add Assay Quote #: _1-IS9F17-0 SAP Contract #: _0400022598 All purchases of the above Assays shall count toward Customer's Commitment as specified on Attachment A pursuant to paragraph 3 [or 4] of the Supplement; and All other terms and conditions of the Supplement remain unchanged and in full force and effect. Siemens Healthcare Diagnostics Inc. 115 Norwood Park South Norwood, MA 02062 USA 781-551-7000 www.siemens.com/diagnostics Packet Pg. 137 8.C.6.a SIEMENS IN WITNESS WHEREOF, each party hereto has caused its duly authorized representative to execute this Amendment to the Supplement to the Agreement as of the Effective Date. CUSTOMER (use blue ink): By: Name (print): Title: Date: SIEMENS HEALTHCARE DIAGNOSTICS INC.: By: Name (print): Title: Date: Address: 115 Norwood Park South, Norwood, MA 02602 By: Name (print): Title: Date: Siemens Healthcare Diagnostics Inc. 115 Norwood Park South Norwood, MA 02062 Quote # (781) 551-7000 Packet Pg. 138 www.siemens.com/diagnostics 8.C.7 ITEM NO. (ID # 4173) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE 03/07/2017 *CONSENT AGENDA\COUNTY ATTORNEY Amended FY 2016-17 St. Lucie County Health Department Contract Attached to this agenda item is a amended FY 2016-17 contract with the State of Florida Department of Health for operation of the St. Lucie County Health Department. This is intended to replace the contract previously approved by the Board. The not to exceed amount of the State's contribution toward the local Health Department will remain $8,322,327.00. The not to exceed amount of the County's responsibility will increase from $917,647.00 to $1,117, 647.00. A breakdown of the increase is set forth in the Health Department's cover letter summary. This increase was included in the adopted FY2016-17 budget. PREVIOUS ACTION: On September 20, 2016, the Board approved the FY2016-17 contract with the State of Florida Department of Health for operation of the St. Lucie County Health Department. FINANCIAL IMPACT: Sufficient fundsare available in Account No. 001-6210-581020-600 (County Health Department) for this expenditure. RECOMMENDATION: Staff recommends the Board approve the amended FY 2016-17 contract with the State of Florida for the St. Lucie County Health Department, and authorize the Chairman to sign the amended contract. COMMISSION ACTION: Packet Pg. 139 8.C.7 Coordination/Signatures ianiiey'S. McIntyre, CAtorney 2/17/2017 updated: 2/16/2017 2:33 PM by Heather Young Page 2 Packet Pg. 140 8.C.7.a CONTRACT BETWEEN St. Lucie COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE St. Lucie COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2016-2017 This contract is made and entered into between the State of Florida, Department of Health ("State") and the St. Lucie County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2016. RECITALS A. Pursuant to Chapter 154, Florida Statutes, the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. St. Lucie County Health Department ("CHD") is one of the created County Health Departments. D. It is necessary for the parties hereto to enter into this contract in order to ensure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration 'of the mutual promises set forth herein, . the sufficiency of which are hereby acknowledged, the parties hereto agree as -follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this contract shall be effective from October 1, 2016, through September 30, 2017, or until a written contract replacing this contract is entered into between the parties,. whichever is later, unless this contract is otherwise terminated pursuant to the termination provisions set forth in paragraph 8. below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Packet Pg. 141 8.C.7.a Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal,swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIWAIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care'services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources is set forth in Part II of Attachment 11 hereof. This funding will be used as shown in Part I of Attachment ll. i. The States appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment 11, Part II is an amount not to exceed $ 8,322,327.00 (State General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ff. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $1,117,647.00 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category.. Unless requested otherwise, any surplus at the end of the term of this contract in the County Health Pi Packet Pg. 142 8.C.7.a Department Trust Fund that is attributed to the CHD shall be carried forward to the next ,contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this contract during the term hereof by notifying the other party in writing of the.amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Office of Budget and Revenue Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Office of Budget and Revenue Management. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund St. Lucie County 510 NW Milner Drive Port Saint Lucie, FL 34983 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy Secretary for County Health Systems. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall ensure that non -categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard quality assurance "County Health Profile" report located on the Division of Public Health Statistics and Performance Management Intranet site). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of County purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State -contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of County purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all County purchasing procedures must be followed in their entirety, and such 3 Packet Pg. 143 8.C.7.a compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this contract. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with the Generally Accepted Accounting Principles (GAAP), as promulgated by the Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: The revenue and expenditure requirements in the Florida Accounting Information Resource (FLAIR) System; ii. The client registration and services reporting requirements of the minimum data set as 'specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in St. Lucie County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the State or County, as appropriate, based on the funds contributed by each and the expenditures incurred by. each. Expenditures will be charged to the program accounts by State and County based on the ratio of planned expenditures in this contract and funding from all sources is credited to the program accounts by State and County. The equity share of any surplus/deficit funds accruing to the State and County is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been 4 Packet Pg. 144 8.C.7.a credited to each participating governmental entity. The planned use of surplus funds shall be reflected in. Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for County Health Systems has approved the transfer. The Deputy Secretary for County Health Systems shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by County government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using County procedures pursuant to paragraph 6.b. Packet Pg. 145 8.C.7.a m. The CHD shall establish a system through which applicants for services and current -Clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this contract. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the County that shall include at least the following: The DE3851_1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the County of service variances reflected in the year end DE3851_1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount for the contract year. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Office of Budget and Revenue Management. p. The dates for the submission of quarterly reports to the County shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2017 for the report period October 1, 2016 through December 31, 2016; ii. June 1, 2017 for the report period October 1, 2016 through March 31, 2017; iii. September 1, 2017 for the report period October 1, 2016 through June 30, 2017; and iv. December 1, 2017 for the report period October 1, 2016 through September 30, 2017. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the County shall own the facilities used by the CHD unless otherwise provided in Attachment IV. 6 Packet Pg. 146 8.C.7.a b. The County shall ensure adequate fire and casualty insurance coverage for County- -owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as County vehicles. The County shall ensure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This contract may be terminated by either party without cause upon no less than one -hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this contract become unavailable, either party may terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This contract may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this contract, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2017, it is agreed that the performance and payment under this contract are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this contract are as follows: For the State: For the County: Traci Fox Beth Ryder Name Name Finance and Accounting Director III Community Services Director Title Title Packet Pg. 147 8.C.7.a St. Lucie County Health Department 5150 NW Milner Drive Port St. Lucie, FL 34983 Address 772-873-4885 Telephone St. Lucie County 437 7T" Street Ft. Pierce, FL 34952 Address 772-462-1772 Telephone If different contract managers are designated after execution of this contract, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this contract. c. Captions. The captions and headings contained in this contract are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. In WITNESS THEREOF, the parties hereto have caused this 8 page contract, with its attachments as referenced, including Attachment I (two pages), Attachment II (six pages), Attachment III (one pages), Attachment IV (one pages), and Attachment V (one pages), to be executed 'by their undersigned officials as duly authorized effective the 1st day of October, 2016. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA FOR St. Lucie COUNTY DEPARTMENT OF HEALTH SIGNED BY: SIGNED BY: NAME: TITLE: CHAIR DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: Clerk of the Court NAME: Celeste Philip, MD, MPH TITLE: Surgeon General and Secretary DATE: SIGNED BY: NAME: TITLE: CHD Director/Administrator DATE: DATE: 0 Packet Pg. 148 8.C.7.a ATTACHMENT I ST. LUCIE COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Requirement 1. Sexually Transmitted Disease Requirements as specified in F.A.C. 64D-3, F.S. 381 and F.S. Program 384. 2. Dental Health Periodic financial and programmatic reports as specified by the program office. 3. Special Supplemental Nutrition Service documentation and monthly financial reports as specified Program for Women, Infants and in DHM 150-24* and all federal, state and county requirements Children (including the WIC detailed in program manuals and published procedures. Breastfeeding Peer Counseling Program) 4. Healthy Start/ Improved Pregnancy Requirements as specified in the 2007 Healthy Start Standards Outcome and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. 5. Family Planning Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215 (OMB Circular A-1 10) OMB Circular A-1 02, F.S. 381.0051, F.A.C. 64F-7, F.A.C. 64F-16, and F.A.C. 64F-19. Requirements and Guidance as specified in the Program Requirements for Title X Funded Family Planning Projects (Title X Requirements)(2014) and the Providing Quality Family Planning Services (QFP): Recommendations of CDC and the U.S. Office of Population Affairs published on the Office of Population Affairs website. Programmatic annual reports as specified by the program office as specified in the annual programmatic Scope of Work for Family Planning and Maternal Child Health Services, including the Family Planning Annual Report (FPAR), and other minimum guidelines as specified by the Policy Web Technical Assistance Guidelines. 6. Immunization Periodic reports as specified by the department pertaining to immunization levels in kindergarten and/or seventh grade pursuant to instructions contained in the Immunization Guidelines - Florida Schools, Childcare Facilities and Family Daycare Homes (DH Form 150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports as specified by the department pertaining to the surveillance/investigation of reportable vaccine -preventable diseases, adverse events, vaccine accountability, and assessment of immunization ATTACHMENT I (Continued) Attac Packet Pg. 149 8.C.7.a levels as documented in Florida SHOTS and supported by CHD Guidebook policies and technical assistance guidance. 7. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4* and DHP 50-21* 8. HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. Requirements as specified in F.A.C. 64D-2 and 64D-3, F.S. 381 and F.S. 384. Socio-demographic and risk data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. 9. School Health Services Requirements as specified in the Florida School Health Administrative Guidelines (May 2012). Requirements as specified in F.S. 381.0056, F.S. 381.0057, F.S. 402.3026 and F.A.C. 64F-6. 10. Tuberculosis Tuberculosis Program Requirements as specified in F.A.C. 64D-3 and F.S. 392. 11. General Communicable Disease Carry out surveillance for reportable communicable and other Control acute diseases, detect outbreaks, respond to individual cases of reportable diseases, investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 64D-3, F.S. 381, F.S. 384 and the CHD.Epidemiology Guide to Surveillance and Investigations. 12. Refugee Health Program Programmatic and financial requirements as specified by the program office. *or the subsequent replacement if adopted during the contract period. Attac Packet Pg. 150 8.C.7.a ATTACHMENT II ST. LUCIE COUNTY HEALTH DEPARTMENT PART I. PLANNED USE OF COUNTY HEALTH DEPARTMENT TRUST FUND BALANCES Estimated State Estimated County Share of CHD Trust Share of CHD Trust Fund Balance Fund Balance Total 1. CHD Trust Fund Ending Balance 09/30/16 -343562 969491 625929 2. Drawdown for Contract Year October 1, 2016 to September 30, 2017 0 240680 240680 3. Special Capital Project use for Contract Year October 1, 2016 to September 30, 2017 0 0 0 4. Balance Reserved for Contingency Fund October 1, 2016 to September 30, 2017 -343562 1210171 866609 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects, and mobile health vans. Attachment II Packet Pg. 151 I 8.C.7.a I 1.GENERAL REVENUE 'STATE 015040 AIDS PATIENT CARE 015040 AIDS PREVENTION & SURVEILLANCE - GENERAL REVENUE 016040 CHD - TB COMMUNITY PROGRAM 015040 SEXUALLYTRANSMITTED DISEASE CONTROL PROGRAM GR 016040 DENTAL SPECIAL INITIATIVE PROJECTS 015040 FAMILY PLANNING GENERAL REVENUE 015040 PRIMARY CARE PROGRAM 015040 SCHOOL HEALTH SERVICES - GENERAL REVENUE 016040 DOH RESPONSE TO TERRORISM 016050 ORD GENERAL REVENUE NON -CATEGORICAL GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE - STATE 016010 STATE UNDERGROUND PETROLEUM RESPONSE ACT 016010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM 016010 TOBACCO STATE AND COADJUNITY INTERVENTIONS 016010 TOBACCO NON PILOT EXPENDITURES NON GENERAL REVENUE TOTAL 9. FEDERAL FUNDS - STATE 007000 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 00700D AFRICAN AMERICAN HIV TESTING INPITATIVE/CIXQCAL 0070M AFRICAN AMERICAN HIV TESTING INITIATPMMONCLINC 007000 BIOTERRORISM HOSPITAL PREPAREDNESS 007000 WIC BREASTFEEDING PEER COUNSELING PROG 0070DO COASTAL BEACH WATER QUALITY MONITORING 007000 COMPREHENSIVE COMMUNITY CARDIO - PHBG. 007000 CMS-MCH PURCHASED CLIENT SERVICES 007000 CMS-MCH PURCHASED CLIENT SERVICES 2014.2026 007000 FAMILY PLANNING TITLE X - GRANT 007000 EPP HEALTH CARE SYSTEM PREPAREDNESS 007000 EPP VOLUNTEER MANAGEMENT 007000 HOUSING OPPORTUNITIES FOR'PERSONS WITH AIDS 007000 IMMUNIZATION ACTION PLAN 007M MCH SPECIAL PRJOT UNPLANNED PREGNANCY 0070DO RICH SPECIAL PROJECTS DENTAL 007M BASE COMMUNITY PREPAREDNESS CAPABILITY 0070DO BASE PUB HLTH SURVEILLANCE & EPI INVFSnGATION 007000 EPP AND PHEP COOP AGRMT PHEP EBOLA SUPPLEMENT #2 007000 PEP PUBLIC HEALTH PREPAREDNESS BASE ALLOC 007M AIDS PREVENTION 007000 RYAN WHITE TITLE A CARE GRANT 007000 RYAN WHITE TITLE n GRANT/CHD CONSORTIUM 007000 RYAN WHITE - EMERGING C0b.D4UNITIFS 007000 IMPROVING STD PROGRAMS 007000 FLORIDA STD SURVEILLANCE NETWORK PART A ....: .. `YAOX ya v 195,000 0 195,Oo0 0 195,000 99,214 0 89,214 0 89,214 O 134,595 0 134,595 0 IK695 V r 49.541 0 49.641 0 49,641 aoi 5,806 0 5,806 0 6,806 48,676 0 48.676 0 48,676 Q 3W.662 0 309,562 0 309,662 p 220,514 0 220,614 0 220,514 11,861 0 71961 0 71,361 d L404,448 0 1.404,449 0 1,404,448 = ti 2,528,717 0 2,528.717 0 2,628,717 m r 0 N 4,346 0 4.346 0 4,346 LL 9,840 0 9.840 0 9,840 162.268 0 162,268 0 162.268 r- 28,000 0 23,000 0 23,000 E Q 199,464 0 199,464 0 199,454 M r 98,041 0 98,041 0 93,041 ti 181.700 0 181,700 0 181,700 r �p 94,352 0 94,352 0 94,352 0 8,705 0 8,705 0 8,705 N >- 64,W3 0 54.058 0 64,053 v 91500 0 9,600 0 9,600 r 35,000 0 35,000 0 36,000 O O 10,000 0 10,000 0 10,000 u 15,000 0 15,000 0 15,000 O 85,687 0 85.687 0 85,687 128,246 0 128,246 0 128, s 85,969 0 36,969 0 $5,969 (D 385,000 0 385.000 0 385,000 17,922 0 17,922 0 17,922 ti U 27,058 0 27,068 D 27.058 7,896 0 71895 0 71896 r 143,419 0 149,419 0 148,419 E t 58,776 0 58,776 0 58,776 v 1,644 0 1,644 0 1,544 Q 19,880 0 19.880 0 19,880 431.898 0 481,893 0 431,393 65,693 0 55,593 0 55,693 2,609,416 0 2.509,416 0 %509,416 179,992 0 179,992 0 179.992 79,899 0 79.899 0 79,899 1,722 0 1,722 0 1,722 Afm Packet Pg. 152 007000 WIC PROGRAM ADMINISTRATION 1,496,419 0 1.496,419 0 1,496,419 015076 INSPECTIONS OF SUM31ERFEEDING PROGRAM • DOE 4,035 0 4,035 0 4,035 015076 SUPPLEMENTAL SCHOOL HEALTH 32,383 0 32,883 0 32,383 016076 REFUGEE HEALTH SCREENING REIMBURSEMENT ADMIN 10,497 0 10,497 0 10,497 015076 REFUGEE HEALTH SCREENING REIMBURSEMENT 6,285 0 6,285 0 6,285 015075 REFUGEE HEALTH SCREENING REIMBURSEMENT SERVICES 6%076 0 62,076 0 62,076 FEDERAL FUNDS TOTAL 6,282,557 0 6,24557 0 6,282,557 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 156,581 0 156,581 0 166,681 001092 CHD STATEWIDE ENVIRONMENTAL FM 123,829 0 128,829 0 123.829 001208 ON SITE SEWAGE DISPOSAL PERMIT FEES 13,102 0 18,102 0 13,102 001206 SANITATION CERTIFICATES (FOOD INSPECTION) 2,049 0 2,049 0 2,049 001208 SEPTIC TANK RESEARCH SURCHARGE 468 0 458 0 468 001206 PUBLIC SWIMMING POOL PERMIT FEES-10% HQ TRANSFER 7,171 0 7,171 0 7,171 001206 DRINKING WATER PROGRAM OPERATIONS 2,266 0 2,266 0 2,256 001206 REGULATION OF BODY PIERCING SALONS 75 0 76 0 75 001206 TANNING FACILITIES 240 0 240 0 240 001208 ONSITE SEWAGE TRAINING CENTER 1,426 0 1,426 0 1,425 001206 TATTO PROGRAM ENVIRONMENTAL HEALTH 931 0 931 0 931 001206 MOBILE HOME & RV PARK FEES 1,145 0 1,146 0 1,145 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 300,262 0 809,262 0 309.262 5.OTHER CASH CONTRIBUTIONS - STATE: 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASE CONTRIBUTION TOTAL 6. MEDICAID - STATFdCOUNTY. 001057 CHD CLINIC FEES 001057 PROJECT AIDS CARE CASE MANAGEMENT 001148 CHD CLINIC FEES MEDICAID TOTAL 7. ALLOCABLE REVENUE - STATE: 018000 CHD CLINIC FEES 018000 CHD LOCAL REVENUE & EXPENDITURES 038000 CHD CLINIC FEES ALLOCABLE REVENUE TOTAL & OTHER STATE CONTRMOTIONS NOT IN ORD TRUST FUND - STATE ADAP PHARMACY DRUG PROGRAM WIC PROGRAM BUREAU OF PUBLIC HEALTH LABORATORIES IMMUNIZATIONS OTHER STATE CONTRIBUTIONS TOTAL 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 108,740 103,740 0 103,740 0 357,800 357,800 0 367.800 0 1,191,832 1,191,832 0 1.191,832 0 1,658,872 1,653,372 0 1,658,372 83 0 88 0 83 316 0 816 0 816 120 0 120 0 120 519 0 519 0 519 0 0. 0 659,174 659.174 0 0 0 17,971 17,971 0 0 0 8.964,822 3,964,822 0 0 0 46,082 45,082 0 0 0 1,624,372 1,524,372 0 0 0 6,211,421 6,211,421 Aita Packet Pg. 153 9. DIRECT LOCAL CONTRIBUTIONS - BCCITAX DISTRICT 008006 CHD LOCAL REVENUE &EXPENDITURES DIRECT COUNTY CONTRIBUTIONS TOTAL 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001026 CHD CLINIC FEES 001077 CHD CLINIC FEES 001077 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES 001094 CHD LOCAL ENVIRONMENTAL FEES 001110 VITAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001029 CHD CLINIC FEES 001090 CHD CLINIC FEES 005000 CHD LOCAL REVENUE & EXPENDITURES 007010 RYAN WHITE TITLE IVIPART D - TO CHD 007010 RYAN WHITE TITLE IMPART D - TO CHD 011000 CHD LOCAL REVENUE & EXPENDITURES 011000 SCHOOL HEALTH CLINICS FUNDED BY SCHOOL BOARD 011001 CHD HEALTHY START COALITION CONTRACT 012020 CHD LOCAL ENVIRONMENTAL FEES 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 12. ALLOCABLE REVSNUB - COUNTY 018000 CHD CLINIC FEES 018000 CHID LOCAL REVENUE & EXPENDITURES 038000 CHD CLINIC FEES COUNTYALLOCABLL REVENUE TOTAL 13. BUILDINGS COUNTY. ANNUAL RENTAL EQUIVALENT VALUE OTHER:(SPecifj) UTILITIES BUILDING MAINTENANCE GROUNDS MAINTENANCE INSURANCE OTHER (Specify) OTHER (Specify) 14. OTHER COUNTY CONTRIBUTIONS NOT IN CED TRUST FUND - COUNTY EQUIPMENT / VEHICLE PURCHASES VEHICLE INSURANCE VEHICLE MAINTENANCE OTHER COUNTY CONTRIBUTION (SPFLWO OTHER COUNTY CONTRIBUTION (SPECIM 0 1,117,647 1,117,647 0 1,117,647 E O 0 11117,647 1.117,647 0 1,117.647 U r 0) 0 172 172 0 172 0 103,560 103.560 0 IM560 0 66 66 0 66 0 226,217 226,217 0 226,217 R 0 240,751 240,751 0 240.751 d 2 0 570,766 670,766 0 570.766 ti r m 0 0 93,857 98,857 0 93.857 C'4 0 10.156 20,156 0 10.156 LL 0 7,916 7,916 0 7.916 y 0 11,504 11,604 0 11,604 r- 0 67,616 67,516 0 67.626 E Q 0 237,221 237,221 0 237,221 0 97,827 97,827 0 97,827 cr) 0 562,756 682,756 0 56%766 0 8,250 81250 0 8,250 ti 0 -240,678 -240.678 0 -240,678 r 0 846,825 846,826 0 846,325 p N LL 0 83 83 0 89 v L 0 816 316 0 316 0 120 120 0 120 U 0 619 619 0 619 Q O t w 0 0 0 720,0W 720,000 is O 0 0 0 0 C 2 0 0 0 0 C 0 0 0 0 C ti Lj 0 0 0 0 a o0 0 0 0 0 C 0 0 0 0 C E 0 0 0 0 C c 0 0 0 720,000 720,00( w Q 0 0 0 0 t 0 0 0 0 [ 0 0 0 0 0 0 0 0 t 0 0 0 0 0 AUG Packet Pg. 154 I 8.C.7.a I . ` ATTAMONT' II; AT, LUCIE. GOUNTY HE ;rH•:DEPARTMENT' •-Past'II, Souieee df Gbaslitione to County Health D6partment • 0ctober.1;f2016 toSeptember 90, 201?' iState CIiD 'County Tota 1,CHD • Wuet-Fmd. .00 'Truat'Ftiiad. cash)' TriistFuncLlcaa)' . _ r OTHER COUNTY CONTRIBUTIONS TOTAL a 0 0 GRAND TOTAL CHD PROGRAM 9.320,509 4,188,629 13,509,138 MWr ctiibutioa ' fin 0 0 +=' L 6,931,421 20,440,669 U w c a� E a� t �a m 2 ti 6 0 N LL C d E a M ti ti U 0 r c d E t u r r Q Alta Packet Pg. 155 I I 8.C.7.a I epsemoer:a,�ysaut-r .✓�.;�.r• •;. ;�;;..r-:;Zai':':sc`,�,:,�r. .;;�• •• •i ��.� '• :iti:�;•_•Y. ry�3.;�,'�,. a:'r��• '.�•f *s'.:'.u'�C'.'. `'C...... 7.!,. �':�'al�. �i . .: - ,.�t...:.r.r • 2nd•�,,x �, STd°-�!e•�ayi4tyhh.�..:,,.�..•a a't : -��� `r•.: ' - :�Graad' �y�^�; ���i•l'��r�N .�.. .F _}1::.�' k.•�:'.Y'i^ R'l�: ;. L},_�.%yi6J,.: ;i;�?:t., "'i_ :.y:y�..•. .. ... .. 'iWFinla'Silnllnrdimlvia ... .�!.k!<: ':Ctaho:.. ''.f`en„rto� ..,..�•T,ilyil'. A. 00MMUNICABLE DISEASE CONTROL: 064UNL2ATION (101) 3.13 1,859 Z562 54,362 63,407 K862 63,407 148,002 87,636 235,538 SEXUALLY TRANS. DIS. (102) 7.89 1,895 2.857 110,805 129,240, 110,805 129,289 451.372 2%717 480,089 HIWAIDS PREVENTION (03AI) 6.42 2,985 3.865 143,649 167,550 143,649 167,650 620,438 1.960 622,898 HIVIAIDS SURVEILLANCE (080 I.14 50 90 19,196 22,390 19,196 22,390 88,172 0 83,172 HIWAIDSPATIENT CARE (03A8) 41.26 1,723 23,970 878,172 1.024,280 878,172 1,024,281 3,856,461 448,464 8,804,805 ADAP (03A41 L82 126 811 27.VA SZ160 27,664 3%150 119,428 0 119,428 TUBERCULOSIS (104) 3.38 334 L481 50,725 69,165 60,725 59.166 166,647 63,184 21%781 COMM.DIS.SURV. (106) 2.84 0 7,222 7028 82,636 74,82E 82,536 26,830 287.397 313,727 HEPATITIS (109) 0.01 20 22 136 168 136 158 588 0 588 PREPAREDNESS AND RESPONSE (110) 5.77 0 3,173 124,159 144,816 124,169 144,815 537,949 0 537,949 REFUGEE HEALTH (118) &29 45 101 9,240 10,894 9,840 10,895 4%469 0 40,469 VITAL RECORDS (IN) 2.00 81929 18,613 27.666 SZ270 27,666 $2,270 0 119,872 119,872 COMMUNICABLE DISEASE SUBTOTAL 75.94 17.915 $4.879 1,495.102 1,743,856 1,495.102 1,749,857 5,55%846 927.070 6,477.916 B. PRLMABY CARE: CHRONIC DISEASEPREVENPIONPRO (210) 0.94 225 $14 22,280 25,928 2%280 25,928 $8,526 57,790 96,316 WIG (21WI) 24.78 13,497 118,958 87 m 44B4O22 879,82E 448,022 1,645,16E 532 1,60,700 TOBACCO USE INTERVENTION (210 2.31 0 90 41,371 48,254 41,871 48,264 179.250 0 179,260 WICBREASPFEEDLNGPEERCOUNSEISNG (21W2) 2.46 0 5,671 21,349 24,900 21,349 24,900 92,498 0 92,498 FAMILYPLANNING (223) 5.11 1,300 2,17E 80,476 93,865 80,476 M864 210,698 137,985 348,681 DeROVED PREGNANCY OUTCOME (226) 0.00 0 0 0 0 0 0 0 0 0 BEAI.THYSTARTPRENATAL (20 4.08 1,880 5,658 68,961 78,090 66,951 78,091 0 290,083 290,083 COMPREHENSIVE CHILD HEALTH (229) 7.87 932 2,151 118,760 130,519 118,760 138,520 0 514,559 51059 HEALTHY START CHIL D (231) 3.93 1,241 4ASS 68,696 60,128 66,696 6%128 20.648 0 245.648 SCHOOLH'EALTH (280 12.90 0 572,68E 2D7,239 241,719 207,239 241,720 390,90E 507,009 897,917 COMPREHENSIVE ADULT HEALTH (2n 7.1E 1,148 1,012 103,686 120,937 103,696 120,936 355.103 K142 449,245 COMMUNITY HEALTH DEVELOPMENT (288) L9B 0 2,239 28,141 32,824 28,141 3%824 I21,930 0 121,930 DENTALHEALTH (240) 14.75 6,444 12,240 273,120 318,561 273,120 818,6W 102.266 1,081.095 1,188,361 PRULUTCARE RMTOTAL 88.24 26,162 722,878 1,399,847 1,632,747 1,399,847 1,632,747 8,881,99E 2,683,196 6,065,188 C. IONMENTAL EEALTLD Water and Omits Sewage Programs COSTALBEACHMONITORING (347) 0.07 187 187 31097 3,612 3,097 8,611 1%517 900 13,417 LIMITED USE PUBLIC WATER SYSTEMS (8-57) 1.57 239 .I,299 28,864 38,666 28.884 88,666 21.246 103,815 126,OOD PUBLIC WATER SYSTEM (30 0.00 0 0 21 24 21 25. 0 91 91 PRIVATE WATER SYSTEM (359) LIS 622 1,462 171886 20,861 17.06 20,861 0 77,494 77,494 ONSITESEWAGBTREATMENT&DISPOSAL (361) 2.6S 618 2,572 41.135 47.979 4LI85 47,579 116,190 62,038 178,228 Group Total 6AS 1.666 4,520 91,003 100.142 91,00E 106,142 149,952 244,338 894,290 Facllityl'rogeama TATTOO FACILITY SERVICES (344) 0.20 0 20 2,676 3,120 2.675 U20 8.050 %540 11,590 FOOD HYGIENE (849) 0.72 156 573 11,424 13,325 11,424 18,32E 31,228 1%276 OAM BODY PIERCING FACILITIES SERVICES (840) MOB 4 13 661 759 651 768 800 2,019 2,819 Packet Pg. 156 GROUP CARE FACILITY .(851) 0.48 178 238 6,297. 7,844 6,297 7,344 0 27,282 27,282 MIGRANT LABOR CAMP (852) 0.04 2 12 879 1,025 879 1,025 3,217 591 %808 0 HOUSING & PUB. BLDG. (353) a00 0 0 0 0 0 0 0 0 0 MOBILE HOME AND PARK (354) 0.36 32 68 4,677 5,455 46677 5,455 13,530 6,794 20,264 () POOLSMATHING PLACES (860) 1,10 414 1,113 16,418 19,160 16,418 19,150 68,187 17,969 71,1W = d bIOMEDICALWASTESERVICES (364), 0.60 236 267 8,475 0,886 8,475 ON 26,807 9,916 K722 E TANNING FACILITY SERVICES (869) 0.03 6 10 728 849 723 842 U47 984 8,131 C Group Total &50 4028 2,819 62,210 60,907 52,219 60,906 238,041 $7,810 226,251 0 Gmundwater Contamination r STORAGE TANK COI)IPLIANCE SERVICES (355) 0.00 0 0 0 0 0 0 0 0 0 d 2 SUPERACT SERVICES (356) 0.08 1 27 1,610 1,761 11510 1,761 5,635 1,007 6,542 Group Total 0.08 1 27 1,510 1,761 1,510 1,761 61586 1,007 6,642CD r Community Hygiene N COMMUNITY ENVIR, HEALTH (346) 0.00 0 0 6 7 6 8 0 27 27 LL INJURYPREVLMION (346) 1.28 1 89 36,163 42,167 K158 42,167 56,029 100.621 IK640 (D LEAD MONITORING SERVICES (350) 0.00 0 0 9 11 9 11 0 40 40 d PUBLIC SEWAGE (30 0.00 0 0 34 40 34 41 0 149 149 Q SOLIDWASTE DISPOSAL SERVICE (863) 0.00 0 0 37 43 37 42 0 156 159 i SANTPARYNUISANCE (865) 0.26 109 144 %392 3,944 8,882 319" 0 14,652 14,662 RABIES SURVEILLANCE (366) 0.09 32 32 2,213 2,681 Z213 2,58D 8,414 1,272 9,687 � ARBORVIRU6 SURVEIL. (867) 0.00 0 0 21 24 21 25 0 91 91 to RODENTIARTHROPOD CONTROL (388) 0.00 0 0 0 0 0 0 0 0 0 0 N WATERPOLLUTION (370) 0.10 0 68 8,200 3,732 8,200 8,781 0 18,868 18,888 >- LL INDOORAIR (371) 0.01 0 1 197 280 197 231 0 855 855 v RADIOLOGICAL HEALTH (372) 0.00 0 0 0 0 0 0 0 0 0 Toxic SUBSTANCES. (873) a00 0 0 0 0 0 0 0 0 0 C GmupTotal L72 142 234 46,262 52,779 46,252 52,780 64,443 181,920 166,006 Q. d ENVIXONNFINTALHEALTH SUBTOTAL 10.73 2,835 7,200 189,084 221,589 189,084 221,589 $68,871 464,275 823,146 G s D. NON -OPERATIONAL COSTS! = M NONOPERATIONAL COSTS (699) 0.00 0 0 0 0 0 0 0 0 0 2 ENVIRONMENTAL HEALTH SURCHARGE ON) a00 0 0 0,646 7,752 C646 7,753 28,797 0 28 m MEDICAID BUYBACK (611) 0.00 0 0 %252 31793 3,252 8,792 0 14,089 14,089 ti V NONOPERATIONAL COSTS SUBTOTAL 0.00 0 0 9,898 11,645 %898 11,M5 28,797 14,089 42,886 C TOTAL CONTRACT 174.91 46,912 794,951 3,094.831 SAM,736 8,094,831 3,609,788 9,320,507 4,188,629 13,509,186 E t U 2 Q Packet Pg. 157 8.C.7.a ATTACHMENT III ST. LUCIE COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age. Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. Attach Packet Pg. 158 Attachment IV 8.C.7.a Fiscal Year - 2016 - 2017 St. Lucie County Health Department Facilities Utilized by the County Health Department Complete Location (Street Address, City, zip) Facility Description And Offical Building Name (if applicable) (Admin, Clinic, Envn Hlth, etc.) Lease/ Agreement Number Type of Agreement (Private Lease thru State or County, other- please define) Complete Legal Name of Owner SQ Feet Employee Count. (FTE/OPS/ Contract) 714 Ave C Ft Pierce FL 34952 WIC/HIV/Dental/TB NA NA St Lucie County 21887 67 5150 NW Milner Dr Prt St Lucie FL 34983 Admin/Clinic/Vitals NA NA St Lucie County 15909 60 3855'South Us1Ft Pierce FL 34982 EH/SH/Tobacco NA NA St Lucie County 10742 25 531 NW Lake Whitney Dr Port St Lucie FL 34986 WIC C10-01-011 Private Lease thru Leasing Co C & W South Invest 6660 20 537 NW Lake Whitney Dr Port St Lucie FL 34986 Dental C16-05-259 Private Lease thru Leasing Co C & W South Invest 3612 9 Facility - a fixed site managed by DOH/CHD personnel for the pu/pose of providing or supporting public health services. Includes county -owned, state-owned, and leased facilites. Includes DOH/CHD warehouse and administrative sites. Includes facilities managed by DOH/CHD that may be shared with other organizations. Does not include schools, jails or other facilities where DOH/CHD staff are out -posted or sites where services are provided on an episodic basis. g Att Packet Pg. 159 CONTRACT YEAR 2015-2016* 2016-2017** 2017-2018*** 2018-2019*** PROJECT TOTAL PROJECT NUMBER: PROJECT NAME: LOCATION/ADDRESS: PROJECT TYPE: SQUARE FOOTAGE: PROJECT SUMMARY: ATTACHMENT V ST. LUCIE COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS STATE COUNTY $ 0 . $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 SPECIAL PROJECTS CONSTRUCTION/RENOVATION PLAN NEW BUILDING ROOFING RENOVATION PLANNING STUDY NEW ADDITION OTHER 0 Describe scope of work in reasonable detail. START DATE (Initial expenditure of funds) COMPLETION DATE: DESIGN FEES: CONSTRUCTION COSTS: FURNITURE/EQUIPMENT: TOTAL PROJECT COST: COST PER SQ FOOT: $ 0 $ 0 $ 0 $ 0 $ 0 TOTAL $ 0 $ 0 $ 0 $ 0 $ 0 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects and mobile health vans., 'Cash balance as of 9/30/16 *' Cash to be transferred to FCO account. *** Cash anticipated for future contract years. ATTACHMENT V ST. LUCIE COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN 8.C.7.a Atta Packet Pg. 160 8.C.7.b St Lucie County Health Department Summary of Funding Revisions for Contract Year 2016-17 As of 01/31/17 Program Previous As of 10/01/16 Amended As of 01/31/17 Increase/Decrease 1-General Rev $ 2,482,353.00 $ 2,528,717.00 $ 46,364.00 2-Non General Rev $ 193,188.00 $ 199,454.00 $ 6,266.00 3-Federal Rev $ 5,613,897.00 $ 6,282,557.00 $ 668,660.00 6-Medicaid Rev $ 1,787,867.00 $ 1,653,372.00 $ (134,495.00) 9-Direct Local Contributions $ 917,647.00 $ 1,017,647.00 $ 100,000.00 10-CountyFees $ 552,012.00 $ 570,766.00 $ 18,754.00 11-Local Fees $ 1,141,359.00 $ 846,325.00 $ (295,034.00) $ - Total $ 410,515.00 Detail of funding changes: Gen Rev SCH C: $46,364 increase in non -categorical GR Non Gen. Rev SCH C: $6,266.00 increase in Refugee Funds Fed Rev SCH C: $686,660.00 increase Ryan White Lead Agency Note: All Federal monies are reimbursed as we spend it. Medicaid Rev:. $134,495.00 decrease in insurance payments Note: All funding goes back into the programs to support them Direct local Contributions: $100,000.00 increase in County Contract Funding Note: All funding goes back into the programs to support them County Fees Rev: $18,754.00 increase in collection of personal Hlth fees and clients Note: All funding goes back into the programs to support them Local Fees/Grants: $295,034.00 decrease in Local grant agreements Note: All funding goes back into the programs to support them Packet Pg. 161 8.C.8 ITEM NO. (ID # 4188) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE 03/07/2017 *CONSENT AGENDA\COUNTY ATTORNEY All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund The County has retained the firm of Oertel, Fernandez, Bryant & Atkinson (the "Firm") to review the Draft Environmental Impact Statement ("DEIS") submitted by All Aboard Florida ("AAF") to the Federal Railroad Administration ("FRA") and provide advice as to how to proceed. Attached is Invoice No. 17034 for professional services for SFWMD ERP Challenge. St. Lucie County and Martin County are sharing the cost of these invoices. Staff is requesting that the Board authorize payment of the invoices from the special fund the Board created to fund the review of the AAF project. PREVIOUS ACTION: The Board has approved prior payments from the specified fund on July 7, 2015, September 15, 2015, October 6, 2015, October 20, 2015, December 15, 2015, February 9, 2016, March 1, 2016, April 5, 2016 , May 3, 2016 , June 7, 2016, July 26, August 2, 2016, September 6, 2016, October 18, 2016, December 6, 2016, December 20, 2016, January 24, 2017 and February 21, 2017. FINANCIAL IMPACT: Sufficient funds are available in account string #001-1900-531000-1935 (All Aboard Florida Legal Defense - Professional Services). RECOMMENDATION: Staff recommends that the Board authorize payment of the attached invoice from the special fund the Board created pertaining to All Aboard Florida (AAF). COMMISSION ACTION: Packet Pg. 162 8.C.8 Coordination/Signatures ianiey'S. McIntyre, CAtorney 3/1/2017 Updated: 2/28/2017 2:30 PM by Katrina Slay Page 2 Packet Pg. 163 Matter: 4045-001 B Allyne Smith Angela K. Farford 35.40 $2,301.00 11.70 $2,632.50 COSTS ADVANCED Dec-31-16 Conference Calls - December 13, 2016 57.83 Conference Calls - December 27, 2016 30.85 Conference Calls - December 27, 2016 117.00 Jan-02-17 Travel - 1/2-5/17 - AAF - SCB 1,597.94 Jan-03-17 Conference Calls - January 3, 2017 541.29 Conference Calls - January 3, 2017 47.18 Jan-04-17 Conference Calls - January 4, 2017 469.60 Conference Calls - January 4, 2017 357.87 Jan-05-17 Travel - 1/5-6/17 - AAF - TJP 386.67 Federal Express - 1/5/17 84.30 Jan-06-17 Conference Calls - January 6, 2017 733.23 Jan-08-17 Conference Calls - January 8, 2017 35.83 Jan-09-17 Travel - 1/9-12/17 - AAF - SJF 2,388.62 Federal Express - 1/9/17 80.83 Jan- 10-17 Conference Calls - January 10, 2017 138.62 Conference Calls - January 10, 2017 336.56 Travel - 1/10-12/17 - AAF - SCB 1,435.23 Jan- I1-17 Federal Express - 1/11/17 - To Sterns Weaver 26.34 Miller Jan-12-17 Conference Calls - January 12, 2017 0.86 Conference Calls - January 12, 2017 26.45 Conference Calls - January 12, 2017 4.91 Court Reporter/Stenographer (pb) - Phipps Reporting 785.45 r O O 0 0 o_ v N N O ti a, C6 U C6 c a� E r a Packet Pg. 164 Matter: 4045-001 B Jan-13-17 Conference Calls - January 13, 2017 11.09 Conference Calls - January 13, 2017 1.72 Federal Express - 1/13/17 - To SFWMD 16.66 Jan-14-17 Online storage 10.91 Jan-16-17 Travel - 1 / 16-17/ 17 - AAF - TPA 690.44 2 Jan-17-17 Conference Calls - January 17, 2017 69.96 0 Travel - 1/17-19/17 - AAF - SCB 1,593.88 a� a� 0 Court Reporter/Stenographer (pb) - Phipps Reporting 1,416.70, a� Jan-18-17 Conference Calls - January 18, 2017 615.53 J 0 Conference Calls - January 18, 2017 251.34 w c E Travel - 1 / 18/ 17 - AAF -TJP 100.25 a Court Reporter/Stenographer (pb) - Olender Legal 455.00 0 Court Reporter/Stenographer (pb) - Olender Legal 335.00 U- m 0 Court Reporter/Stenographer (pb) - Olender Legal 1,595.25 0 Q Jan-19-17 Conference Calls - January 19, 2017 6.39 Q M Court Reporter/Stenographer (pb) - Olender Legal 1,467.60 r Jan-20-17 Conference Calls - January 20, 2017 831.32 O O 0 o_ Conference Calls - January 20, 2017 64.23 Court Reporter/Stenographer (pb) - Phipps Reporting 1,149,70 N Court Reporter/Stenographer (pb) - Barkley Court 1,856.65 a) E Reporters C6 Jan-22-17 Travel - 1/22-24/17 - AAF - TPA 936.08 U 00 Jan-23-17 Conference Calls - January 23, 2017 24.31 c � Travel - 1/23-25/17 - AAF -TJP 616.97 a Court Reporter/Stenographer (pb)- Phipps Reporting 1,350.30 Consulting Services - Bureau Veritas 3,825.00 Jan-24-17 Conference Calls - January 24, 2017 244.84 Packet Pg. 165 Matter: 4045-001 B 8.C.8.a Conference Calls - January 24, 2017 10.15 Conference Calls - January 24, 2017 55.39 Conference Calls - January 24, 2017 154.39 Court Reporter/Stenographer (pb) - Olender Legal 270.00 Jan-25-17 Conference Calls - January 25, 2017 52.89 Court Reporter/Stenographer (pb) - Olender Legal 95.00 Jan-27-17 Court Reporter/Stenographer (pb) - Olender Legal 195.00 Court Reporter/Stenographer (pb) - Olender Legal 1,288.05 Jan-31-17 Telephone - Dec 2016 - January 2017 20.35 Copies - January 31, 2017 - 26591 @ 0.25 6,647.75 Search Fee - January 2017 196.21 Total Costs Advanced $19,102.88 Current Charges $92,678.8$ r O O O O O O r N N O ti 6) O U C6 r c a� E t v R r a Packet Pg. 166 8.H.1 ITEM NO. (ID # 4095) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: DATE AGENDA REQUEST Board of County Commissioners Gee Chow, CIO Information Technology Xerox Maintenance Contract Amendment No. 10 03/07/2017 *CONSENT AGENDA\INFORMATION TECHNOLOGY The Information Technology Department recommends the renewal of a three (3) year maintenance contract for the County's Banner Financial System (ERP - Enterprise Resource Planning System.) The total amount is $372,891.57 for the three years. By entering into a multi -year contract, the County will realize a potential cost saving of $12,715.53 - $31,980.59 which would had been a 5% to 10% annual penalty fee if we didn't enter the three-year agreement. This maintenance agreement will include Banner Finance, Banner Human Resources, Oracle Databases, and Oracle Web Services. This maintenance is essential to keep the current financial system operational. PREVIOUS ACTION: November 3, 2015 - BOCC Approved Amendment No. 9 December 16, 2014- BOCC Approved Amendment No. 8 December 20, 2011 - BOCC Approved Amendment No. 7 November 1, 2008 - BOCC Approved Amendment No. 6 March 11, 2003 - BOCC Approved Amendments No. 2,3,4,5 September 1995 - BOCC Approved Amendment No. 1 October 29, 1992 - BOCC Approved Original Contract �I►le�►i:�Ile1�i� I7e[�� Sufficient funding for software support is included in the FY 17 Information Technology budget (001-1955- 534110-100). RECOMMENDATION: Staff recommends Board approval of Xerox Annual Maintenance Contract - Amendment No. 10 for a 3 year contract with the first year amount of $122,317.87 and authorization for the Chairman to sign documents as approved by the County Attorney. Packet Pg. 167 8.H.1 COMMISSION ACTION: Coordination/Signatures Gee Chow, CIO 2/23/2017 anie . McIntyre, C my ttorney 2/28/2017 -e --D,? , '.e Ho and Tipton, Count Administrato 2/28/2017 Updated: 3/2/2017 1:50 PM by Katrina Slay Page 2 Packet Pg. 168 8.H.1.a AMENDMENT TO TECHNICAL CURRENCY AGREEMENT 0 XEROX GOVERNMENT SYSTEMS, LLC I30 Division Street Waite Park, MN 56387 ("Conduent") and St Lucie County, FL 2300 Virginia Avenue Ft. Pierce, FL 34982 ("Licensee") Original Technical Currency Agreement dated October 29 1992 (the "TCP Agreement"), This Amendment No. 10 (the "TCP Amendment'). Effective Date of this TCP Amendment: January 12. 2017 (the "Amendment Date"). LICENSEE AND CONDUENT, intending to be legally bound, agree as follows: 1. Defined Terms. Unless specifically defined herein, all terms defined in the TCP Agreement shall have the same meaning when used in this TCP Amendment. 2. Amendment to and Modification of TCP Agreement. Conduent agrees to provide Improvements with respect to the additional Component Systems identified in Exhibit 1, attached to this TCP Amendment (the "TCP Exhibit') on the same terms and conditions as the TCP Agreement for the period and for the fee specified in the TCP Exhibit. The term of the TCP Agreement is deemed to be extended as provided for in the TCP Exhibit for purposes of this TCP Amendment. Any amounts indicated on the TCP Exhibit are in addition to all other amounts payable under the TCP Agreement. Conduent and Licensee agree to add the following provision to the TCP Agreement: PUBLIC RECORDS: Conduent shall allow public access to all Licensee documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by Conduent in conjunction with the TCP Agreement. Specifically, Conduent shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the Licensee in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the Licensee would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the Licensee all public records in possession of Conduent upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Licensee in a format that is compatible with the information technology system of the Licensee. St. Lucie County, Fl, TCP Amendment 10 Page 1 lj`glo Packet Pg. 169 8.H.1.a Integration Provision. The TCP Agreement, as amended by this TCP Amendment, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. The TCP Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. The TCP Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding the TCP Agreement, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. Except as expressly modified by this TCP Amendment, the TCP Agreement shall remain in full force and effect. As of the Amendment Date, the TCP Agreement, as further amended by tins TCP Amendment constitutes the entire understanding of the parties as regards the subject matter hereof and cannot be modified except by written agreement of the parties. 4. IN WITNESS WHEREOF, the parties have set their respective hands and seals below. St. Lucie County, FL By: Name: Title: Date: Xerox Government Systems, LLC By: Name: John L. Hlavac Title: Date: Director r�/ Z dl 7 St, Lucie County, FL TCP Amendment 10 Page 2 ,�gV 0 Packet Pg. 170 8.H.1.b EXHIBIT 1 Licensee: St Lucie Countv. FL PARTIAL YEAR PAYMENT/DUE DATE: NIA (Indicate "N/A if not applicable) FIRST ANNUAL CONTRACT YEAR PAYMENT DATE: Februala l 2017 Client pays for support In advance. Baseline Component System Contract Year Begins/Ends Expiration Annual Date Pa ment Amount Banner Finance November 1, 2016 - October 31, 2017 $ 40,463.91 Banner Human Resources November 1, 2016 - October 31, 2017 $ 32,371,13 Oracle Database (x 4) November 1, 2016 - October 31-,2017 $ 37,765.55 Oracle Application Server (x 2) November 1, 2016 - October 31, 2017 $ 11,717.28 Total 5122 17.87 Banner Finance November 1, 2017 - October 31, 2018 $ 40,463.91 Banner Human Resources November 1, 2017 - October 31, 2018 $ 32,371.13 Oracle Database (x 4) November 1, 2017 -October 31, 2018 $ 40,031,49 Oracle Application Server (x 2) November 1, 2017 - October 31, 2018 $ 12,420.32 Total $125,286.85 Banner Finance November 1, 2018 - October 31, 2019 $ 40,463.91 Banner Human Resources November 1, 2018 - October 31, 2019 $ 32,371,13 Oracle Database x 4 November 1, 2018 - October 31, 2019 $ 40,031,49 Oracle Application Server x 2 November 1, 2018 - October 31, 2019 $ 12,420.32 Total $125,286.85 The Annual Payment Amount of $122,317.87 for the Contract Year from November 1, 2016 through October 31, 2017 will be invoiced by Conduent and is payable by Licensee on the Amendment Date of this TCP Amendment. For each subsequent Contract Year, beginning November 1, 2017, the Annual Payment Amount must be paid by Licensee in advance. For example, Conduent will invoice Licensee and Licensee will pay Conduent from the Contract Year from November 1, 2017 to October 31, 2018 on or about November 1, 2017. Upon the expiration of the full term of this Amendment to Technical Currency Agreement, effectively October 31, 2019, the Fees for Improvement will be escalated by no more that 10% of the amount payable for Improvements for the immediately preceding contract year. Conduent will consider a lower fee escalation if Licensee notifies Conduent in writing that Licensee would like to renew the support on the listed products for a new 3 year term. St. Lucie County, FL TCP Amendment 10 Page 3 I lv417 Packet Pg. 171 8.H.1.c Stephen Barber From: McDaniel, Jay (Confluent) <Jay.McDaniel@conduent.com> Sent: Wednesday, February 22, 2017 2:43 PM To: Stephen Barber c Cc: Jackie Matos Subject: RE: 1 year breakdown 6 Steve, Per our conversation, if the County decides to go with the normal annual renewal, the increase would be between 5% and 10%. For the past several years, we have kept the increase to the minimum, but there is no guarantee how long the minimum increases will be in effect. Based on an annual 5% increase, the Banner software support/maintenance cost for the next three (3) years would be November, 2016 — October, 2017 4 $122,317.87 November, 2017 —October, 2018 --) $128,433.77 November, 2018 — October, 2019 4 $134,855,46 Based on a 10% annual increase, it would be: November, 2016 —October, 2017 4 $122,317.87 November, 2017 — October, 2018 $134,549.66 November, 2018 — October, 2019 $148,004,63 Please let me know if you need anything else. Jay McDaniel Banner/RDBA Services CGSS - PDSI — Finance & Tax Systems Constituent and Government Software Solutions (CGSS) CONDUENT Cell 225.937,8133 From: Stephen Barber [maiito:barbers@stlucieco.org] Sent: Wednesday, February 22, 2017 7:02 AM To: McDaniel, Jay (Confluent) Cc: Jackie Matos Subject: 1 year breakdown Hello Jay, Per our conversation would you please show what the costs would be year to year for 3 consecutive 1 year contracts. Please show at 5% increase and also show for 10% increase. Please add a brief explanation about a 5% - 10% increase. Thanks Jay, I Packet Pg. 172 8.K.1 ITEM NO. (ID # 4154) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Summer Ivey -Platt, Venue Coordinator Parks, Recreation, & Facilities Adams Ranch Rodeo Fee Waiver DATE: 03/07/2017 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES The St. Lucie County Cattlemen and Cattlewomen's Association, a 501(c)(3) tax-exempt organization, is planning its 7th Annual Adams Ranch Rodeo. The event attracts 1,200-1,500 residents and visitors and is the organization's primary fundraiser. Funds from this event, and others, are used by the organization to support local agricultural promotional events, local 4-H and FFA clubs and students in both high school and college. In the last seven years, the group has dispersed more than $25,000 to support these efforts. The St. Lucie County Cattlemen and Cattlewomen's Association is requesting a fee waiver in the amount of $2,396.25. The event is scheduled to take place on Saturday, April 1, 2017. Additional costs for County staff, electricity usage and cleaning fees in the amount of $1489.25 Will be paid by the renter. As per section B8 in Exhibit A of Resolution 14-053 adopted by the BOCC on April 15, 2014: Facility use fees may be waived by the Board of County Commissioners for: a) Program or event which will provide services which are a public benefit and are available to all citizens of St. Lucie County. The program or event must be provided by a St. Lucie County nonprofit organization which has received tax exemption under Section 501(C)(3)of the IRS Code or other section of the IRS Code which allows donations to the organization to be tax deductible as charitable donations Approval of the waiver is at the sole discretion of the Board of County Commissioners. Charges for staff, equipment, and supplies may not be waived by the Board of County Commissioners. PREVIOUS ACTION: October 20, 2015 - BOCC approval to waive $2396.25 in Fairgrounds facility rental fees for the 6th Annual Adams Ranch Rodeo. December 16, 2014 - BOCC approval to waive $2,396.25 in Fairgrounds facility rental fees for the 5th Annual Adams Ranch Rodeo. Packet Pg. 173 8.K.1 October 15, 2013 - BOCC approval to waive $2,396.25 in Fairgrounds facility rental fees for the 4th Annual Adams Ranch Rodeo. FINANCIAL IMPACT: If the fee waiver is approved, the County will forego $2,396.25 in rental fee from the User Fees revenue account (#001-7511-347221-7420). RECOMMENDATION: Staff recommends Board approval to waive $2,396.25 in Fairgrounds facility rental fees for the 7th Annual Adams Ranch Rodeo on April 1, 2017. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Parks, Refreafion & Fa it es Director 2/14/2017 l Danie, S. McIntyre, c my ttorney 2/17/2017 rk S er ee, Dep UK County ministrato 2/17/2017 Updated: 2/10/2017 11:59 AM by Summer Ivey -Platt Page 2 Packet Pg. 174 8.K.1.a ESTIMATE OF FEES S - J COUNTY VENUE: St. Lucie County Fairgrounds PHONE: 772-462-2581 FAX: 772-462-2579 Estimate Date: Dec. 21, 2016 Event Date: April 1, 2017 Event Day: Saturday Event: 7th Annual Adams Ranch Rodeo Event Times: 11 am-11 pm No. of Attendees 1200 Set Up/Load In: March 31, 2017 Contact: Bryan Beaty Break Down/Load Out: Total Event Hours, inc. Load in/Out: 16 Organization: St. Lucie County Cattlemen's Assoc. Address: 1493 S. Brocksmith Rd. Fort Pierce, FL 34945 Office Phone: 772-201-5371 Fax: Cell: E-mail Address: btbeaty681(c gmail.com *********************************************************************************************** Facility Use Fee Rate Fee Adams Arena (Ticketed Event) 1 day @ $2000/day $2,000.00 Adams Arena Load In 1 day @ $1000/day $1,000.00 $0.00 Sub -total $3,000.00 Deduct 25% Nonprofit Discount $750.00 Revised Sub -total $2,250.00 Sales Tax 6.5% $146.25 FACILITY USE FEE TOTALI $2,396.25 Eauiament Use Fees Trolley 1 day @ $350/4 hours $350.00 Additional Trolley Hours 2 hours @ $50/hour $100.00 EQUIPMENT FEES TOTAL $450.00 Sales Tax 6.5% $29.25 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) 20 hours @ $26/hour $520.00 Event Support 10 hours @ $19/hour $190.00 Other Fees Electric Cleaning Fee Event Insurance Premium (if applicable; by separate check) Security Deposit Payable to St. Lucie County BOCC STAFF FEES TOTAL $710.00 $100.00 $200.00 OTHER FEES TOTAL $300.00 SECURITY DEPOSIT TOTAL $0.00 TOTAL ESTIMATED CHARGES1 $3,885.50 Other Requirements include but are not limited to 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required.lif needed, Event insurance is available at reasonable rates. Estimate Prepared by: Somme%'7w#-P&& Estimate Accepted by: FORM APPROVED FEBRUARY 15 2012 Packet Pg. 175 8.K.1.b �Grrdcraen:asmciariou s St. Lucie County Cattlemen's Association r www.stiuciecattlemen.org January 23, 2017 Mr. Edward Matthews, Director Parks, Recreation, & Facilities Tourism & Venues Division 2000 Virginia Avenue Fort Pierce, FL 34982 Mr. Matthews: The St. Lucie County Cattlemen and Cattlewomen's Association would like to formally request a waiver of fees and concessionaire requirements for the 7th Annual Adams Ranch Rodeo to be held April 1, 2017 at the St. Lucie County Fairgrounds. In St. Lucie County alone, agricultural and related industries generate 21,827 jobs (21.6% of total) and $1.20 billion in revenues or 18.7% of gross regional product. The St. Lucie County Cattlemen's Association has had a strong presence in St. Lucie County for more than 65 years and for 50 years held an annual parade that became a tradition and event to look forward to each year by many residents. Six years ago, Adams Ranch approached the Association with the concept of a Ranch Rodeo and the natural location to host such an event is the Adams Ranch Arena at the St. Lucie County Fairgrounds. A Ranch Rodeo is unique in that it features competition events that are what ranchers do every day as part of their job. In the last six years, this event has become a highly respected and sought after rodeo on the state ranch rodeo circuit due to the location, organization and prize money available. The Cattlemen and Cattlewomen's Association uses this event as its primary fundraiser. The event attracks 1,200- 1,500 attendees each year. Funds from this event, and others, are used by the St. Lucie County Cattlemen and Cattlewomen's Association to support local agricultural promotional events, local 4-H and FFA clubs and students in both high school and college In the last eight years, the group has disbursed more than $30,000 to support these efforts. As a whole, the St. Lucie County Cattlemen and Cattlewomen's Association is affiliated with the statewide Florida Cattlemen and Cattlewomen's Association and the National Cattlemen's Beef Association and American National Cattlewomen. Each work in a grassroots fashion to support, promote and advocate for the cattle and beef industry. I ask you to consider this request and to please contact me if you have any questions. Sincerely, Bryan Beaty Secretary/Treasurer r Q Packet Pg. 176 8.K.1.c Internal Revenue Service Director, Exempt Organizations Rulings & Agreements P.O. Box 2508 Cincinnati OH 45202 Date: OCT Q "' 2011 Florida Cattlemens County Association Inc. c/o Thomas J. Bryant, CPA PO Box 508 Lakeland, FL 33802-0508 Department of the Treasury Employer Identification Number: 27-2003408 Person to Contact and ID Number: Harold J. Fodor ID # 31675 Toll Free Contact Number: (877) 829-5500 Addendum Applies Yes Dear Sir or Madam: 5l We have considered your application for a group exemption letter recognizing your subordinates as exempt from federal income tax under section 501(a) of the Internal Revenue Code as organizations of the type described in section 501(c)(5). Our records show that you were recognized as exempt from federal income tax under section 501(c)(3) of the Code. YouT exemption letter remains in effect. Based on information you supplied, we recognize your subordinates whose names appear on the list you submitted as exempt from federal income tax under section 501(c)(5) of the Code. Your subordinates whose gross receipts each year are normally more than $50,000 are each required to file Form 990, Return of Organization Exempt From Income Tax, by the 15th day of the fifth month after the end of their annual accounting period. If you prefe you may file a group return for those subordinates that authorize you in writing to include them in that retum lf_ you are req d file Form 920 for your own activities, you must file a separate return. and ma not be included on any u return that ITAII file For our subordinates. The law imposes a penalty of 20 a ay when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty unposed cannot exceed $10,000 or 5 percent of gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000,000 in any year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for an organization with gross receipts e2weeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a return is not complete, so your subordinates should make sure their returns are complete before filing them. For tax periods beginning after December 31, 2006, and before December 31, 2010, organizations with gross receipts of $25,000 or less must file an annual electronic .notice, Form 990-N. For'tax 1,erinds after De, ezwbvr 31, 2010, the gross receipts limit changed from $25,000 to $50,000_ Packet Pg. 177 8.K.1.c Organizations included in a group return are excepted from tMs requirement_ Alternatively. organizations with gross receipts of $50,000 or lay may file a complete Form 990 Package. You subordinates are required to matte their annual information return, Form 990 Or Form 990- FQ, available for public inspection for three years after the later of the due date of the return or.the date the return is filed. You and your subordinates are also required to make available for public inspection your group exemption application., any supporting documents and this exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax -Exempt Stulus for Your Organization, or you may call our toll Free number shown above_ Unless specifically excepted, each of your subordinates is liable for social security (FICA) taxes for each employee to whom the subordinate paid $100 or more during a calendar year and unemployment (FUTA) taxes for each employee to whom the silbordinate paid $50 or more in a calendar quarter. FUTA tax is due for each of these employees only if the subordinate paid total wage of $1,500 or more during any calendar- quarto, or if the subordinate had any employees in any 20 calendar wed during the year_ Each year, at least 90 days before the end of your annual accounting period, please send the items listed below to the Internal Revenue Service Center at the address shown below. 1. A statement describing any changes during the yvu in the purposes, character, or method of operation of your subordinates; 2. A list showing the names, mailing addresses (including Postal ZIP codes), actual addresses if different, and employer identification numbers of subordinates that, since your previous report: a. Changed names or address; b. Were deleted from your roster, or c. Were added to your roster. 3. For subordinates to be. added, attach: a. A statement that the information on which your present group exemption letter is based applies to the new subordinates; b_ A statement that each has given you written authorization to add its name to the roster; c. ,A, list of those to which the Service previouslyLiss , erm tion rulings or determination letters; "_d. A statement that none of the subordinates is a private foundation as defined in section 509(a) of the Code if the group exemption letter covers organizations described in section 501(c)(3 ); e. The street address of each subordinate whose mailing address is a P.O. Sox; and f The information required by Revenue Procedure 75-•50, 1975-2 C_E_ 597, for each subordinate that is a school claiming exemption under section 501(c)(3). Also include any other information necessary to establish that the school is complying with the requirements of Revenue Ruling 71-447, 1971-2 C.B. 210. This is th,e same information required by Schedule B, Forth 1023, Applicatiein for RwaRnition of Exemption Under Section 501(c)(3) of the Luternal Revenue Code. Packet Pg. 178 8.K.1.c 4. If applicable, a statement that your group exemption roster did not change since your III tli+ ►us rgOrt. Please mail the information roquu e-,d in this lcttci to the follniving address: Internal Revenue Service Ogden UT 84201 Revenue Procedure 80-27, 1980-1 C.B. 677, section 4.02, part 6, provides that group exemption letter may be issued covering subordinates, of which one or more have been organized prior to 15 montlis of the date of submission of the group exemption request, only if all subordinates agree to prospective exemption from the filing date of the group exemption request. Since you have subordinates that were organized prior to 15 months of the date of your application and your subordinates have agreed to prospective exemption, the exempt status of those subordinates is effective on January 1, 2010, the beginning of the next fiscal year following your bate of formation. Your subordinates are required to file Federal income tax return(--), Form 1120 and pay any t;ixes due, for each year or part of a year that ended prior to the effective date of your group exemption, our subordinates are required to include this number on !MKFT"_��990, Return of Ong otzotz n Exempt From. Income Tax, and Form 990-T, Exempt Organization Rosiness lucome Tax Rowu4 that tbcy file_ Plea►se advise your mib"rdinates cif this require neut and provide thorn with the Croup Exemption Number. Please see enclosed Publication 4221-NC, Compliance Guide for Tax Exempt Organizations (other than 501(c)(3) Public Charities and Private Foundations), for some helpful information about the responsibilities of you and your subordinates as exempt organizations. This publication and other useful information is available on the 1RS Charities and Non -Profits website at www_irs_wv/eo. If the heading of this letter indicates that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about the exempt status and foundation status of your subordinates, you should keep it for your records. We have sent a copy of this letter to your representative as indicated in your power of attorney. If you have any questions, please contact the perscfin whose name and telephone number are shown is the heading of this letter. Packet Pg. 179 4...Mal Sinum"Ay youm, Lois G. Lemer Dircetor, Exempt orgallizatiom Rev. 7-15-2011 I Packet Pg. 180 8.K.1.c IL n � H Cf C Z O 0 O O O Co (a 6.), � � m m a. I—;�1L F }- I•- F F F m F CL F m r m D. D_ a D_ o_ e. n. n_ 4 D. a d a ,,-.c::, a a a LL n. a a a a a. o_ a a LL �mnmmm 2z m :E;Z=-mm :g w w w w w w w w www^w.:w w w w w w w w w u w w w w ww w LLI UA w w LU LXLI +w w w w w w w LXi+ w u w w w N 9 O N Y/ [O aD W !LJQN (00 M `fD or M M N M C M m N J P3 M J _I -1 m m N LL O J J LL LL m U. +"� M g LL cc p m E u- u N LL N y W C= C= m o O C9 C m g W 0 L° o w y M LL V7 n. i F ' j N co d C a V fh [1 Q t6 `J�' v�i�w mNw oz_ N r^ m o W Co 0 0 O w �D UO m A O M 0 0; N to N M r N UP) r (V < r cV i- Mr! T LL w N f0 M N O LOD O^ N tD io e� OMi N v N m o w 0 N W m m m Co N m m r N C? N N< N fm0 N N N N [hV N N N N to m (hV N M b V Y. U p C O' 7 " .Ya' ci c6 U tyh _!C ci 73 G O c? 'a N U w UV41 ¢c'°ivvcgt�cLoii�x r N M V in [O h m m P .-- N M m J OOD C� •OS N C-,[O OD M J � [L m M LL V f7 m J O LL LL .r " m 2 M C N LL Q1 _J LLm LL LL LL -OO p=! c 47 U '0 Y D U U D LL G U a N aci o m 0> m •C j C d L W a Q m Q m on Q G y-0 m NSA. m V O O? 9 CD cc a O M 4. U N m V O w Lo 0 m 14 0 0 [� O (4 m Co m w N O> V Q Q < 1- N N yr 0)h M N CD f�3 m V• fo a! CP � - N N O �11 CD fhD n r �D N r, h w w o •n c� Mr- m �n m `rmr-0Nrn ovi vhnm O OD W O W M r aD r 1 In Cm M N O h f7 /0 N N N N m Cm N N N M N N N N N N Packet Pg. 181 ITEM NO. (ID # 4169) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel P Retherford, Assistant Director Parks, Recreation, & Facilities Rock Road Jail As -Built Drawings DATE: 03/07/2017 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES The Rock Road Jail facility has undergone many renovations and there have been numerous expansions since first opening in 1986. While the expansions have included as -built drawings for particular projects, the renovations are not reflected in these drawings. Parks, Recreation, and Facilities staff is left with numerous drawings that do not accurately reflect the current mechanical, electrical, and plumbing in the facility. TLC Engineering has submitted a proposal for $64,890 (copy attached) to consolidate our current hard copy design drawings into electronics reference tool that incorporates most recent construction information. Field surveys will be conducted to verify that existing condition are reflected on the new As - Built Drawings. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in Facilities Capital Improvements budget 107-1931-546200-1907 (Maintenance Improvement Projects / Facilities 5 Year CIP Plan) and will be transferred to Professional Services. RECOMMENDATION: Staff recommends Board approval to enter into contract with TLC Engineering in the amount of $64,860.00 to consolidate all hard copy design drawings of the Rock Road Jail facility into electronics files and authorize the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 182 Coordination/Signatures Arm !dOf 72 . fi - Edward Matthews, Parks, Refreafion & Fa ides Director 2/27/2017 4anieYS."McIntyre,torney 3/1/2017 h y burn,Offi e e Budget Director 3/1/2017 7"/, Z(4 � /. 1 ik S er ee, Dep County A ministrato 3/1/2017 Updated: 3/1/2017 3:08 PM by Desiree Cimino Page 2 Packet Pg. 183 8.K.2.a In ENGINEERING FOR ARCHITECTURE Revised October 27, 2016 July 8, 2016 Mr. Scotty Beaulieu Facilities Coordinator Parks, Recreation & Facilities Delivered via email: beailieus@stlucieco.org Re: Reference CADD files for St. Lucie County Rock Road Jail Professional Engineering Services Proposal Dear Scotty: As requested, TLC Engineering has developed the following revised proposal to proposed drafting / modeling services. Proposed scope is based on emails and conversations with Danny Retherford of St. Lucie County. We understand that the County is interested in consolidating their current hard copy design drawing into a current electronic reference tool that incorporates most recent construction information derived from provided hardcopy reference drawings as well as limited visual observations / confirmations of existing conditions. Proposed disciplined would include: 1. Plumbing 2. Electrical 3. HVAC 4. Site Utilities 5. Structural Our process would include the following: 1. Reviewing provided existing design drawings and differentiating most recent construction creating a composite design reference that hopefully reflects current construction or conditions. 2. A three day field survey (3 participants, HVAC, Electrical and Plumbing) to review existing condition to confirm that current design drawings reflect current conditions. This will be a visual, non-invasive investigation that may not identify all deviations from recorded construction. Our survey will not include removal of finishes or destructive testing to verify conditions. Findings of our survey will be incorporated into our updated CADD models. 3. Our proposal scope does not include architectural or civil / site systems. However we will reproduce architectural backgrounds for use in ours MEP documents. Fire protection documentation will be limited to information provided in performance based design documents. TLC ENGINEERING FOR ARCHITECTURE 874 Dixon Boulevard, Cocoa, FL 32922-5809 Phone 321.636.0274 www.tic-engineers.com Fax 321.639.8986 Packet Pg. 184 8.K.2.a Mr. Scotty Beaulieu Revised: October 27, 2016 July 8, 2016 Page 2 of 2 4. Facilities included in proposed scope: a. 1985 SLC Correctional Center b. 1987 SLC Correctional Center c. 1990 Additions to SLC Correctional Center d. 1991 Addition to SLC Correctional Center e. 1992 Security Drawings f. 1993 Tent City SLC Correctional Facility Security Systems g. 1997 Addition to Maintenance Building h. 1997 Women's Tent City SLC Correctional Center i. 1998 Sallyport Paving and Drainage j. 1999 Addition / Alterations to SLC Correctional Facility k. 2000 Chapel Addition SLC Correctional Center I. 2002 Upgrade to SLC Correctional Facility Security Systems m. 2003 Chilled Water Plant and HVAC Modifications n. 2003 SLC Correctional Center Wastewater Screen o. 2004 Lighting Protection p. 2004 Design / Build SLC Correctional Facility 5. CADD / Models will only be as accurate as the information provided and will not necessarily reflect an "as built" condition survey, however models can be updated as needed if deviations are noted or discussed in the future. TLC is prepared to provide services as outlined above for a fixed fee of 64 860.00. If our proposal is acceptable, please remit appropriate authorization for us to schedule and complete the proposed scope. Sincerely, TLC engineering for Architecture Gary C. rueger, PE, CM, LEED AP BD+C Principal / Division Director MAO PROPOSALS1St. Lucie County\Reference CADD files for St Lucie County Rock Road Jail Rev1.docx Packet Pg. 185 8.K.3 ITEM NO. (ID # 4175) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Matt Baum, Parks & Special Facilities Manager Parks & Special Facilities Division DATE 03/07/2017 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES St. Lucie Chamber Leadership Class 35 - Environmental Day Tour On Environmental Day, Thursday, March 9, 2017, the St. Lucie Chamber Leadership Class 35 is requesting a tour of the Smithsonian Marine Exhibit. The tour will be held between 3:55pm and 4:45pm and will consist of approximately 40 guests and will be presented by the Smithsonian staff. PREVIOUS ACTION: None FINANCIAL IMPACT: If the fee waiver is approved, the County will forgo $160.00 in admission fee revenue under accounting string 001-7215-347224-7914. RECOMMENDATION: Staff recommends Board approval to waive $160.00 in Aquarium admission fees on Environmental Day, Thursday, March 9, 2017, for a Smithsonian Marine Exhibit tour, between 3:55pm and 4:45pm, for the St. Lucie Chamber Leadership Class 35, as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 186 Coordination/Signatures Edward Matthews, Parks, Refreafion & Fa ides Director 2/22/2017 4aniiefS..McIntyre, C my ttorney 2/23/2017 1 A S er ee, Dep County A ministrato 3/1/2017 Updated: 2/16/2017 10:26 AM by Scott Bordinger Page 2 Packet Pg. 187 8.K.3.a COUNTY F L a R [ ld A EXHIBIT A RESERVATION FEES VENUE: St. Lucie County Aquarium PHONE: 772-462-3474 FAX: Date: 3/9/17 Event Date: March 9, 2017 Event Day: Thursday Event: Facility Tour Event Times: 3:55pm-4:45pm No. of Attendees 40 Set Up/Load In: Contact: Terissa Aronson Break Down/Load Out: Total Event Hours, inc. Load in/Out: Organization: St. Lucie County Chamber of Commerce Address: 2937 W. Midway Rd, Ft. Pierce, FL 34981 Office Phone: 772-595-9990 Fax: E-mail Address: Facility Use Fee Admission Fees Eauinment Use Fees Staff/Personnel Rate $4 x 40 adults Fee $160. Sub -total $160. Deduct 25% Nonprofit Discount Revised Sub -total Sales Tax 6.5% FACILITY USE FEE TOTAL $160. (Does not include cost of any required security personnel) EQUIPMENT FEES TOTAL LO r` Event Specialist Other Fees Catering Fee - Cleaning Fee Event Insurance Premium (if applicable; by separate check) Security Deposit Payable to St. Lucie County BOCC (Fee Waiver Request) STAFF FEES TOTAL OTHER FEES TOTAL SECURITY DEPOSIT TOTAL TOTAL ESTIMATED CHARGES1 $160. Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 day prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Prepared by: _ J. Anglin Customer Signature: FORM APPROVED MAY 2012 Packet Pg. 188 8.L.1 ITEM NO. (ID # 4153) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Jeffrey Johnson, Senior Planner Planning Division Angle Road and Avenue D Subdivision - Plat DATE: 03/07/2017 *CONSENT AGENDA\PLANNING & DEVELOPMENT SERVICES On February 9, 2017, the Development Review Committee certified plat approval for the plat to be known as Angle Road and Avenue D Subdivision. The subject plat is located at the northeast intersection of Angle Road and Avenue D and consists of two (2) lots (Lot 1 - 2.11 acres and Lot 2- 9.50 acres) that total 11.61 acres. In accordance with Land Development Code, Section 7.04.01 - Requirements, the proposed plat meets the minimum dimensional requirements of the applicable existing and proposed zoning districts. The County Surveyor reviewed the proposed plat and determined that it conforms with Florida Statutes Chapter 177, as well as the certification requirements outlined in Section 11.03.03(E) along with the appropriate covenants, restrictions and reservations consistent with Section 11.03.03(F) of the Land Development Code. PREVIOUS ACTION: February 1, 2017 - The Code Enforcement Board authorized a partial release of lien for Lot 1 (including the right-of-way areas adjacent) of the Plat. A lien of $50,000 remains on the remaining portion of the plat until the lands and will remain until the remaining surface debris (asphalt and concrete) is removed. An environmental site assessment will be required prior to any development of Lot 2. FINANCIAL IMPACT: N/A Staff recommends approval of the plat for Angle Road and Avenue D Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 189 8.L.1 Coordination/Signatures �q, it � L li I , DirectoIV larming & Development Services 2/23/2017 4anief& McIntyre, C my ttorney 2/28/2017 7"/, Z(4 � / . ik S er ee, Dep County A ministrato 3/1/2017 Updated: 2/10/2017 2:16 PM by Jeffrey Johnson Page 2 Packet Pg. 190 I 8.L.1.a I BOARD OF COUNTY COMMISSIONERS Agenda Date Tuesday March 7, 2017 9:00 a.m. Applicant SB Ft. Pierce Angle Road FDS, LLC 605 Delaney Ave, Suite C Orlando, FL 32801 Agent Barrios Engineering, LLC Carlos Barrios 605 Delaney Ave, Suite C Orlando, FL 32801 Zoning IL (Industrial, Light) Future Land Use IND (Industrial) Staff Recommendation Board approval of the final plat and authorization for the Chairman to sign documents as approved by the County Attorney. Previous Action February 1, 2017 - The Code Enforcement Board authorized a partial release of lien for Lot 1 (including the right-of-way areas adjacent) of the Plat. A lien of $50,000 remains on the remaining portion of the plat until the remaining surface debris (asphalt and concrete) is removed. An environmental site assessment will be required prior to any development of Lot 2. Staff Jeffrey Johnson Senior Planner JohnsonJstlucieco.org (772) 462-1580 UU,o3aU- J ANGLE ROAD AND AVENUE D SUBDIVISION FINAL PLAT ANGLE ROAD AND AMENU£ D• SUBDIWSION —�• �\\ -,.� s[cna' 4 xs saint x a [Asr A 1A L LAAIO L INC M LL" s� LIZ M( NGNMAF51 I% mwrvcwmA n 4 T2 2 ao a� �W WIRE flRtllfSIER cM Orzx9avAL iw�o s w'ws nr. Protect Description The purpose of this request is to obtain approval of the Final Plat for Angle Road and Avenue D Subdivision. The subject plat is located at the northeast intersection of Angle Road and Avenue D and consists of two (2) lots (Lot 1- 2.11 acres and Lot 2- 9.50 acres) that total 11.61 acres. In accordance with Land Development Code, Section 7.04.01- Requirements, the proposed plat meets the minimum dimensional requirements of the applicable existing and proposed zoning districts. The County Surveyor reviewed the proposed plat and determined that it conforms with Florida Statutes Chapter 177, as well as the certification requirements outlined in Section 11.03.03(E) along with the ap- propriate covenants, restrictions and reservations consistent with Section 11.03.03(F) of the Land Development Code. Notice Requirements N/A. Recommendation Board approval of the final plat for Angle Road and Avenue D Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. Public Comment Received None. Packet Pg. 191 8.L.1.a IL M LO r L E E v/ U U O Co r J Co C d E L 0 R r Q Packet Pg. 192 LEGAL DESCRIPTION: PARENT TRACT PER ORB 3019, PG 944: A PORTION OF LAND LYING IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.• COMMENCING AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR S.R. 607A (ANGLE ROAD) AT THE NORTH LINE OF SAID SECTION 8,• THENCE A NSPS VE ALONG THE NORTH OF SAID SECTION 8, SOUTH 89 57 03" EAST TO THE EAST RIGHT OF WAY OF S.R. 607A FOR 68.44 FEET; THENCE ALONG SAID EAST RIGHT OF WAY, SOUTH 43'01 09" WEST TO THE SOUTH RIGHT OF WAY LINE OF AVENUE 'E' FOR 47.91 FEE; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION SEE DETAIL BELOW FOR 8, SOUTH 89'57103" EAST FOR 897.0 FEET TO THE POINT OF BEGINNING, • THENCE, FROM THE POINT OF BEGINNING, CONTINUING SOUTH 895703" EAST TO THE L TA�l LAND 7ITLE SUR Y EAST LINE OF THE WEST HALF OF SAID SECTION 8 FOR 659.74 FEET THENCE ALONG THE EAST LINE OF THE WEST HALF, SOUTH 00'1223" WEST TO THE NORTH POINT OF COMMENCEMENT RIGHT OF WAY OF AVENUE 'D' FOR 596,33 FEE7;• THENCE ALONG SAID NORTH RIGHT OF WAY, NORTH 895733" WEST TO THE EAST RIGHT OF WAY OF S.R. NO. 607A FOR 999.59 FEET- THENCE ALONG THE EAST RIGHT OF WAY OF S.R. 607A, NON --RADIAL CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF _ 1927.08 FEET, AN ARC LENGTH OF 75.90 FEET, A CENTRAL ANGLE OF 02'152J,' A CHORD BEARING OF NORTH 415327" WEST AND A CHORD DISTANCE OF ~ 75.89 FEET TO A TANGENT LINE; THENCE NORTH 43-01 '09" WEST FOR 348.33 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89'5703" EAST FOR 628.47 FEET; THENCE NORTH 0022'17" EAST TO SAID SECTION LINE FOR 285.56 FEET TO THE PLACE AND POINT OF BEGINNING. , GRAPHIC SCALE CORRECTIVE PARENT TRACT M TZGER RDA (A VENUE E A PARCEL OF LAND LYING IN THE N 112 OF THE NW 114 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE so o zs so ioo 2I \ PARTICULARLY DESCRIBED AS FOLLOWS. PRfyyRANr� D111 laf° DIRT DIRT DIRT DIRT WAM? df= i1PP w DRl O DR! W'AMR'kF� El DRIW WA7ER METER p DRiW DRIVE WATER R= ARE HYRANT & .. COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 4. 71.38 FOR STATE ROAD 607A (ANGLE ROAD, AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE 1fPP a• 1FPP o WA PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AT THE NORTH LINE OF SAID SECTION 8, THENCE ALONG THE NORTH LINE OF SAID SECTION 8, SOUTH �• ANCHOR 8957 03" EAST TO THE EAST RIGHT OF WAY OF ,STATE ROAD 607A FOR 68.44 FEET,• THENCE ALONG SAID EAST RIGHT OF WAY, SOUTH 43'01 '09" EAST TO THE ik 9� 1 ga5 15 93i WPF ''ry `'�' S h 1W P w s1 S� M1� ( IN FEET i 1 1 i ' i 1g' , 1g, 1g' 1g' ig' �. 1g. ' 1g. .W.. . .." ^ SOUTH RIGHT OF WAY LINE OF AVENUE E' FOR 47.91 FEET THENCE PARALLEL WITH THE NORTH LINE DF SAID SECTION 8, SOUTH 89"5703" EAST FOR 897.0 - .W.. r fi 6' 6 - t inch[ = 50 ft. NIJ a 1g' a 1g' 1g' 1g' 1g' , 10'' 1g' , 19' 1g' 1g' 1°'' . FEET TO THE POINT OF BEGINNING, THENCE, FROM THE POINT OF BEGINNING, CONTINUING SOUTH 89'S703' EAST TO THE EAST LINE OF THE WEST HALF OF SAID _ /I� e; -- _ ��•y _ �_�P�r ^ ���,,F„FNL �yytiY ��. SECTION 8 FOR 659.74 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF SOUTH 00'1223" WEST TO THE NORTH RIGHT OF WAY OF AVENUE 0' FOR � � 1g-� m 1g' � ig' N R_TH LINE OF S �i10N 8 ig' 1g' 1g' ig' 596.33 FEET,• THENCE NORTH 89'57'33" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, FOR 1002,63 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE --r' -r9 - - - - - - - - - 4r 16 4 6a ; � -� 99..i$1 TOP � $+ s� �, GA _UARXER i$9 OF ANGLE ROAD, SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST TO WHICH A RADIAL LINE BEARS SOUTH 50'3027 i �/� -J' -- �_== \ WEST, HAVING A RADIUS OF 1960.08 FEET, AN ARC LENGTH OF 120.65 FEET, A CENTRAL ANGLE OF 03'31 36'; A CHORD BEARING OF NORTH 41 ' 15 21 " WEST \ ?- .> > 4. �. AND A CHORD DISTANCE OF 120.63 FEET TO A TANGENT LINE- THENCE NORTH 43'01 09" WEST FOR 301.56 FEET,• THENCE PARALLEL WITH THE NORTH LINE OF \�`-`ry �� ^� ' AS ''-� - - - �� - -� i ' r' 'ff g'�++g •� i SAID SECTION 8, SOUTH 89.57103" EAST FOR 628.47 FEET• THENCE NORTH 00'22'17" EAST TO SAID SECTION LINE FOR 285.56 FEET TO THE PLACE AND POINT �'" - „ _�n� °ter- �k--�- CORNER (D)rCJ OF BEGINNING ^�. �?� - \ �• ° M1 1' 1 NOT FOUND oI# ssr - 1 7EFRIANUS UNAN' O .7v hr� - _ 1 M1-- ^-- F- -Z• J i FAMILY DOLLAR STORE. ' _ "1 2 �-f-+- - - M1k - y��---�kkry- / A PARCEL OF LAND LYING IN THE N 112 OF THE NW 114 OF SECTION 8, TOWNSHIP 35 SOUTH RANGE 40 EAST ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 -I- 71.38 FOR STATE ROAD 607A (ANGLE ROAD), AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE + /` PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ON THE NORTH LINE OF SAID SECTION 8; THENCE 5895703 E, FOR 68.44 FEET,• THENCE 543'01 09 E, j i POINT OF BEGINkING PARENT TRACT) ALONG THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD & THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD FOR 438.79 FOUND 5/B' IRON ROD & &A,� HEN LS 4416) m.42's ar7'E) f `\ FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE S 89'S7'03'E FOR 342. DD FEET, THENCE S.43'01 09'E, FOR�+s.SO' a �50' 273, 61 FEET THENCE S 00'02 27W. FOR 111.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF AVENUE 0 ;• THENCE N. 89 57 33'W.., ALONG SAID 1 I I NORTH RIGHT OF WAY LINE, FOR 24331 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE THE SOUTHWEST TO WHICH A RADIAL LINE BEARS 5 y $ i 6 $ h 1 i 1 I I ti I S.50'3027'*, TO THE CENTER OF SAID CURVE, HAVING FOR ITS ELEMENT A RADIUS OF 1960.08 FEET AND A CENTRAL ANGLE OF 331'36'I- THENCE rya' yD yh y0• 19 19 1g• 10 yo yD ya y0 yD y1• yi• �M1 iy6 15 NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 120.65 FEET TO A POINT OF TANGENCY,' THENCE N.43'01 '09 "W., A DISTANCE OF 301.56 + + + + + + + + + + + + TO THE POINT OF BEGINNING. N 1 1 1 FAMILY DOLLAR SITE, LESS THE PROPOSED RIGHT OF WAY TAKING: A PARCEL OF LAND LYING IN THE N 112 OF THE NW 114 OF SECTION 8 TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: j 1 k COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 f 71.38 FOR STATE ROAD 607A (ANGLE ROAD) AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE yak M1 I yh• ya 1g. 1g. 4 19 ya yD• yi• yD• yD• y1. y1• �. ,� �y� I ��• PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ON THE NORTH LINE OF SAID SECTION 8; THENCE S.89 57 03'E, FOR 68.44 FEET, THENCE 5.43"O 1 '09'E, + ! ��� I ' + + + } + + + + + + i uA ALONG THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD & THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD FOR 43879 ir-{TQ `gyp FEET; THENCE S 89'S7 03'E FOR 25.33 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE S 89'ST03'E FOR L �aD y 316. 68 FEET,• THENCE S. 43.01 '09'E, FOR 273.61 FEET; THENCE S 00'02 27"W. FOR 106.00 FEET; THENCE N.89'57 JJ "W, FOR 223. 47 FEET TO A POINT ON W I THE ARC OF A CIRCULAR CURVE CONCAVE THE SOUTHWEST TO WHICH A RADIAL LINE BEARS 50.45t 1'�'{� TO THE CENTER OF SAID CURVE, HAVING FOR ITS E V ELEMENT A RADIUS OF 1978.58 FEET AND A CENTRAL ANGLE OF 3'46 50 � THENCEINORTHYYESTERLY�ALC3� G THE ARC OF SAID CURVE AN ARC DISTANCE OF gg a 56\ ras 130.56 FEET TO A POINT OF TANGENCY,' HENCE N.43'O1'09"W, A DISTANCE OF 284.�77 TO '(E P INT O BEGINNING. +h11 ii M1°6 Siry OG IV ! G ,V I + I ���� � ! �5�b0i�1� 2658' � C] •> a 1a� 6g g� ti k + + + + + ti 1° 2 1, M1 ya y I ig' y° 1l M1°' M1a M11' y y1' ry1' y • ry . y . � !��-2/2-ot�0oD-0 1�f� ti �o + + 1 + + , RUBBLE & f � + /+ � + x SSvd+4MT4Yr1NVE'��1,11ENT LLC i C� z rr 3 zaG' o ?�-=JlY2fsw mRRA[:E /1� / DIRT PILE ':•„ 3n; ��la POINT OF BEGINNI G (PARCEL 1 := T LAUDERDALF fL =2 G SB9 57 03 E' .25.33' 2Lr9 ?A1 l ON Q f 21.D POINT QF BEGINNING i M1ih 1gy C' • s JI s- Gr 11� Q n6 4 r SET CAP (tB 6018E 1 \ j !+ Q W b > r \\ (LESS R/W D£DlCA I10N) y , J za ` �i.:. - '' y a' 1 s k O pt`�€2� �Cfl.5a i� Zl.�l AiT =}� , I, SET 5/B' IRON ROD ry1 --1 ems s - 199 +19' +i9�y �///�� A �$ V. -y F 9 F2r M1 &CAP (LB 6018J ✓ / 1 t 21BERM y" . - ^1- �- ` y �' O , SET 5/g• IRON RA7 + I 18, 5 RIGHT OF WA Y DEDICA 770N & 6P (LB 601e) { d 6 k h Q 5 k \,ry1' ® + M1k ,� y° M1°�-�5 ig$ 1y� 1g 1g� yfl M1a' \ M1D M1a M1� ►�� ly �`1� y3o �yy6 mQ Q 21.3 .2A3 ,r '� + ® + + } + + + + + M1 + + \y h + + + 13 + + •0E� + + } } } + + + Z E M LO /70 17.9 y°�{I I- y 2L3 F.203; , 0 yDg yD�� + 1 ,J 21.3 \ i .�2 �' 4 9 1 li 0 �ry ` , O�J °• 1 1. 1. i. i. a. a. a. i. 1 F i. 4 g 1g6 g0 a1 aR a1 ah k i9 0 1 fA 21.Tr �• yc� , t3,/ +y }M1 +y }M1 +M1 +M1 �M1 +M1 fM1 �� +M1 +y �\ M1 + --- 1�r6�I +1 + +, �y +y +y LEGEND ro yy� -� �'� 2L3 �'' 20.E � PROPOSED FAMiL Y DOLLAR '5 TE I s � ? � PARI.BL ID.• 24D8--212-•DDDl--000-.3 21 79' 7 a�' \ �_ / \ - 9 i $ 3 5 �, k �, �4 as 5 9 1g ANGLE' PRA°ERAES LLC Z Co. POWER POLE Q. / , i• i• 1 a• o• 1 1 1 i �" 1 1 f 21. \ z l � +M1 +y +M1 + +M1 +M1 +M1 +M1 +y +M1 +� + M1 +M1 1, 79 B p� RA TH FL Y33487 I � L O MANHOLE '2°�' -r�- a / � RUBBLE & I i I a� M1a9 RUBBLE & DIRT PILE i o,c LIGHT POST 0 :.::,,:5: t:. \\,• f , ] h DIRT PILE 00. �5 with C -COLLAR, ® 1 WATER VALVE O \ ti h ( CAL g P G M1 5 a i S ys� 2L3, 1 . y . �� °� 0• a• D• ❑ a' a• 4 i• \. i' �.'% 1 ik ? 99 °? i{r Va 1r' c, 66' i M1 M1 M1 y' ry M1 y M1 M1 0 9 y M1 M1 y � i 19 i } ry y a9 }M1 �q1' �' y15 � �6 � nRE HYDRANT � • 2L 1 + + + + + + } + + + + + + + + ` 9 + + M1 ` 11` i * SPOT ELEVA ]TONS DETAIL �'' �• ra, �� rs t3 91814.4 SQ ARE FEET. r �' TL3\\ Q 2rz}4 , Oy/ 2.108 ACRES MbRE OR LESS. ry I I �g y j iAW INVERT zLo7 y.s9' 0' ig9 ryas ryak M1°y M1°k M1°� yo\�ya� �� M1a$ M1i3 yid 011 V 1, * J I EL. ELEVAi]ON + + } + + + + + + + + + SET 5/B' IRON ROD ] I R RADIUS ' �2LT ° * 2 /� EASIFRL Y RIGHT OF WA Y LINE \ CAP (LB 6018) \ gg 1 i I L ARC LENGTH 68.44 NORTH LINE OF SECTION 8 & 21 \ SBr � V `„ � Iv� j +1 f D DEL OR CENTRAL ANGLE 0 _S89 57'03"E_. BASELINE OF SURVEY (PB 22, PG 4) 2L2 \max i h M14� y0k M1°y y05 M1°6 G�b M1°� y0y yab �y0 's� lj� ' ` 19� 1g5 i0 �M1a� yak ya$ M1io �i�' yi!' lSF y. fl +I +I CHB CHORD BEARING m - _ A' I. Paz' f x� �+ • + + + + + + + + + + +� ' i f + + + + + + + + + try } 1 CH CHORD DISTANCE - _. T 21.0 SET 5/B IRON ROA �l t l l 19' �I ` I I (C) CAL CULA TED \ AVENUE E' 4 ...\\x ra , eeAP (LB 6018) '{ S t 21. " kC (D) DEED J N A .2a4' 1a / 1 \ 5 9 Q k L C 1 1 S . A y \ ( i• D °• 0 0 0 0 0 p (M) MEASURED a0 -p " 20.9 39' �`D + �_.ar +y° +M1 +M1 +y°' +y +M1 1 +M1 +M1 }M1 +M1 'k M11' ~` -� ': I LB LICENSED BUSINESS C C) SOUTH R/W LINE `V' �x ras , Ty / g� TAe a1 �` ems\ i 0 w CPP CONCRETE POWER POLE 2L2 D '. ` 2A�' WPP WOOD POWER POLE E Zl 9� i S8957103"E 897. 0' 2L 5� � wag ik o� ap �6 �17 G 5 OE OVERHEAD ELECTRIC � g 9 a ° g a g g g ° D a 0 ° i 1 1 1 tr .n :.• o x 1 '9r ry y M1 rL°• y i' 1' M1' M1' 1' y' i' i' i' ry' M1 M1' y' M1' y' y' ry' y• y (y• �• 2L 2 + + + + + + + + ++ + + + } + + + + 1 + + + + RCP REINFORCED CONCRETE PIPE CUP CORRUGATED METAL PIPE Q F` TO POINT OF BEGINNING ,z o FFE FinlrsH FLOOR ELEVAnON � �o 0 0-�0 "'• �-� "'. � � - zr. 51•\\laB ti`�r� PROPOSED 5 RIGH�OF WAY DEDICA'114N i� I� � yid J WPP ILL, �� '" -<\ pj S� Qj_ OF PARENT TRACT) �, `�1a9 -=YO\ ; ry h N ,N FENCE(�3NCW7H) OLD MEIERPOLs o `' a• Jz• ,; ry'A� �' Pa PcarsQax k ISG-Si 2 - �� d 1. 2A3 19. 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J' • rL• 7» '�, -7k i•-.� '1- k '1 � � ,a a +.~ yry9_+--�-~ �°��=2�y M1�•�✓o M1°'S �1 Y°�:' �: y + M1.,+ y• y• + ry ti 1+ rye+ .M1�. .y ry � M1�y- M1 ..k+� \ Cn aC „M1 §9 i $ 4 g9 M1 99 ) ° ry 0 9 9 0�4 g . + -f as- a 0 1 6 [i; ." . . o D a a o a a s o a• 6 °• D. o. M1 °• ; :,�:. s a Q e ° °..:.-' M1 /' a 9 y M1 10'0`.' ...::, •: M1? ry ° `.,.i• ... M1 M1 " A'g 2' CURB & GUTIER 0 5y O9 5g g9 7 gg 0 49 56 D9 6U 09 f °5 O9 61 4 61 a9 66 0� 1i a 6'� D9 . O9 . 0 h� g 5g D 6 0 5 0 h1 D• 6h 0� 66 a$ 6M1 9 6� a9 6$ 0 6g a9 6y D y66 0 0• M1 ba ° M1 6� °9 M16y a9 M1 °j °g y1e Og ag 15 .. Og ° 11 1g 1y ° M1 0 M1 a M1 o• ry' o M1 D M1 a y o M1 o M1 y°• rY° -ry°' y a• Y 0 ^_ti° _y0 % o 'y' b°' �h tio• M1 a y D• 4 ya i�4• y a• 1P 'y o y �o• +L a• M1 D• M1 o +�-M1D• 7 °• M1 n• �ry �yo• ryo ry D• y a• V a. + /yy SET 5 ON ROD yl� api °fir °5° ° 0 D °w� ash °hi ° Ofi °16 D�$ a1 D O�M1 0 a6 ASPHALT hg 6a 51 5$ 65 61 6' o / &CAP 01s) M1O• +ry }M1 +M1 +M1 +M1 +M1 +M1 M1 M1 y' M1 y M1 M1 M1 M1 M1 M1 PAWYENTya rya' ya rya ry° ya ya M1° M1a 1° M1°' L°' 7°' 7°' yo' M1a' ry°' ry°' y 4°' rya MaV (25 MPH) > > CENTERLINE OF 6D' RIGHT OF WAY " ' ''' a ' a z cuRe cuT7ER + DRIVEWAY SIGN (NO PARKING) � � AVENUE D DIRT DRY - ~': ; "" t 5 ?: } y. i , ::;i:: • : cr4JFPP INip d1J1`4$iYAj ' Ffl'P Jim, :DkliEJOA•Y' 11PP "•�''' 1Y 7kAY,• venue- i- venue L o-o 0 0----•o-o-o-o-a-o OPPa-o o , CA7V R1 •'`AN C / / GATE 6' OYAIN LINK FENCE �_ o - o CA7F e - o - o --� o - o - o - o - o -- o - o - e CATS CPP c - o -- o - o - e - L ' V 6' o - o -- o ---- o - o '' 'd "c c - c 66• RCP W P a ANCHOR CA77Y! BASIN Avenu 1 y POii, \ ASPHALT DRIVEWAY ]'ATE ^ GRATE EL 2A37' Av rue C z Avenue : K ^� Avenu K 5' CHAIN LINK FENCE s g !F = m l� Z �0 1D 6i o SWRY MANHOLE y CANCREW W INS EL lab' yl /�� 0 D MY EL r9.B3' v venue J Avenue I venues 1 y1� IP ` . - y' M1 • I '� HEADWALL NGYA4 E 1N✓. EL. lab' R z a d / Ao w�'s e•, E INv. EL rSs' z venue I Avenr:e 'I z ^, venue I Access ^+ Sloan c 5loan Rd V Ave vie = m H•y- =e s � Avenue Rd AveAver� ' G z , - ..-7ivenue - Avenue - ____ nAve ue F �' y° SURVEYOR'S NO TES: , Floyd Johnson ^ � Rd r ' i S = � F Metz er Rd venue E eo°e na°o �, -- I L � Gamer � v Gamer � �" �+ Bo Sr St 1. NO ATTEMPT WAS THIS SITE' HE APPROXI MA E LOCATION OF ALL DE BY THIS FIRM TO OUTILITIESCATE DSHOWN HEREON UTILITIES N KENAFROM NT TO SURVEYOR'S CERTIFICATION: -- 1 Jf z zAt D �. Avenue G Ct a N G, Avenue �, o M unbar St AS --BUILT DRAWINGS AND/OR ON --SITE LOCATION AND SHOULD BE VERIFIED BEFORE CONSTRUCTION "'Carvr 2. NO ATTEMPT WAS MADE BY THIS FIRM TO LOCATE UNDERGROUND FOOTINGS OF BUILDINGS TO: FAMILY DOLLAR STORES OF FLORIDA, INC.; SB FaRT PIERCE ANGLE BLOOMSTER o F -.; act. ,.,. _ r c Ave ue '`: C Avenue C= Odle PI Creek g; r OR FENCES ON OR ADJACENT TO THIS SITE. ROAD FDS, LLC.; DEAN, MEAD, EGERTON, BLOODWOR H, CAPOUANO & BD2ARTH, P.A.; FIRST AMERICAN TITLE INSURANCE COMPANY; AND PROFESSIONAL LAND Loop R ry om m °O � z 3. LANDS SHOWN HEREON WERE SURVEYED IN ACCORDANCE WITH FIRST AMERICAN TITLE INSURANCE GULFSTREAM FUNDING, LLC. z z Ave uz� ore Avenue s�°� - a - SURVEYORS REPORT.• COMPANY FILE NUMBER: 20J7-J333414, EFFECTIVE DATE: JANUARY 14, 2016 ® 8: 00 AM. THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH SURVEYORS I N C A Z z M 1. THERE IS A DISCREPANCY IN THE LEGAL DESCRIPTION IN O.R. BOOK 3019, PAGE 944 OF THE PUBLIC SCHEDULE B -- SECTION ll IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM • ORANGE 68 AV 69 RECORDS OF ST. LUCIE COUNTY FLORIDA. THE RADIUS OF THE CURVE ON ANGLE ROAD IN LEGAL DESCRIPTION NO EXCEPTIONS PROVIDED STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, L.B. #6018 Rdta° Ssaa = v+ 3 - 0 o U ANGE AVApan ien = a IS 1927.08 FEET. THE RADIUS AS SHOWN IN PLAT BOOK 21, PAGES 2, 2A, 28, ST. LUCIE COUNTY RECORDS /S , 4. BEARINGS SHOWN HEREON REFER TO AN ASSUMED MERIDIAN OF N.43'01 D9'�1! ALONG THE JOINTL Y ESTABLISHED AND ADOPTED BY AL TA AND NSPS, AND INCLUDES - a u Vista CI _ 0 m " do tic 9os1 n Av 1960.08 FEET. ALSO, THERE IS A DESCREPANCY IN THE SECOND CALL IN THE LEGAL DESCRIPTION W/TH A CALL Av EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD. ITEMS 1, 2, 3, 4, 5, 7(c), 8, 11(c), 13 AND 16 OF TABLE A' THEREOF. THE - v �', o ;t NF I ' OF SOUTH 43'0109 WEST, IT SHOULD BE SOUTH 43'0109" EAS% (AFFECTS BOTH FAMILY DOLLAR AND 5. ALL ELEVATIONS ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 7988. FIELDWORK WAS COMPLETED ON FEBRUARY26, 2016. B4� NORTHEAST SPENCER STREET lenmsPak e� John GI Oelawarearro[IJiSQ Av Oc m ��A REMAINING PARCEL) zec 2. THERE ARE POWER POLES AND ANCHORS ALONG ANGLE ROAD RIGHT OF WAY AND ENCROACHES INTO ST. LUCIE COUNTY BENCHMARK: NAME.' SLOAN (ELEVATION 18.779; NAVD 88) SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID JENSEN BEACH, FLORIDA 34957 Starrher Av s Menendez az° .. m PROPERTY WITH NO EASEMENT. THIS WOULD NOT AFFECT SITE WITH PROPERTY RIGHT OF WAY DONATION. 6. LEGAL DESCRIPTION FURNISHED BY CLIENT. WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. PHONE 772-334-0868 _. __. �> Av __-_... . . . .. ....... z .. ... In c o St '= 3 da v lFlori FloridaAv a (PERTAINS TO BOTH FAMILY DOLLAR AND REMAINING PARCEL) J. PORTIONS OF THE SIDEWALK ALONG AVENUE 'D' ENCROACHES ONTO SITE. THIS WOULD NOT AFFECT SITE 7. SITE AREA (PARENT TRACT): 544062. 12 SQUARE FEET OR 1249 ACRES MORE OR LESS PARCEL 1. 100723 94 SQUARE FEET OR 2 31 ACRES MORE OR LESS SHEET 1 OF 1 DRAWN BY: DPK SCALE: 1 = 50' FIELD WORK COMPLETED: 2 2E 2016 FIELD BOOK: SKETCH JOB NO. 13411 REVISIONS DATE: DESCRIPTION: BY: 4/12/16 5/23/16 8/25/16 ATTORNEY COMMENTS SLC COMMENTS SLC COMMENTS DPK DPK DPK Ay WITH PROPOSED RIGHT OF WAY DONATION. (PERTAINS TO REMAINING PARCEL ONLY) PARCEL 1 (AFTER DEDICATION): 91814.41 SQUARE FEET OR 2.11 ACRES MORE OR LESS �(})1„,�'T" Ortiz eit Ge° ra ¢ THERE WAS NO VISIBLE EVIDENCE OF SEPTIC SYSTEMS ON SITE. (PERTAINS TO BOTH FAMILY DOLLAR AND ` �} { l Co eRndhaver Peterson o Rd Pesersan Rd Av PARCEL 2. 443338. 19 SQUARE FEET OR ]0,18 ACRES MORE OR LESS �'°° t i stars°° Rd Ina Gina Nc <N FA MIL Y DOLLAR STORES OF FL O ?IDA INC. ' - REMAINING PARCEL) 8. THIS SITE LIES IN FLOOD ZONE 'X' AS SCALED AND INTERPOLATED FROM FEMA MAP PANEL c' , � oeber Rd 5. STREET INFORMATION SIGNS ALONG AVENUE 'D' ENCROACH ONTO SITE WITH NO EASEMENT. THIS WOULD NOT NO. 12111 C-0178-J, DATED: FEBRUARY 16, 2012. = h r� ROBERT LO M5 ER 11R.Jerse _ Melissa ec = c� PROFESSIONAL LAND SU OR > > jL.�1.^s ier =-' MeadowKentu Av AFFECT SITE WITH RIGHT OF WAY DONATION. (PERTAINS TO BOTH FAMILY DOLLAR AND REMAINING PARCEL) 9. LIMITS OF JURISDICTIONAL WETLANDS, DITCHES, DRAINAGE WAYS, WATER FLOWS, ANO�OR BODIES ry La o= 6. THERE IS NO MENTION IN THE LEGAL DESCRIPTION OR THE TITLE COMMITMENT OF A CANAL RIGHT OF WAY. OF WATER, IF ANY, ARE NOT DETERMINED BY THIS SURVEY. CLIENT IS ADVISED TO CONTACT r n. NO, 4134 STATE OF FLORIDA ANGLE ROAD AND AVENUE D Q N Luugsvana ACCORDING TO ST. LUCIE COUNTY PROPERTY APPRAISER MAP, THERE IS A 49.5 FOOT RIGHT OF WAY FOR CANAL APPROPRIATE GOVERNING AGENCIES FOR POSSIBLE LIMITS OF JURISDICTION. = ' 1�� `{° `. _ FORT PIERCE, S T. LUCIE COUNTY, FLORIDA __._ .... .. - . - NO. 2. AS PER CITY OF FORT PIERCE ASSISTANT CITY ENGINEER TRACY S. TELLE, THE NORTH ST. LUCIE RIVER w E �" 10. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PAR?'Y, �,;. �=' •.` WATER CONTROL DISTRICT OWNS THE CANAL AND CITY OF FORT PIERCE MAINTAINS SAID CANAL. THERE ARE OR PARTIES IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE 5/G1VING PARTY OR PARTIES LOCATION MAP: NOT TO SCALE DRAINAGE STRUCTURES ENCROACHING ONTO SITE IF THERE IS NO CANAL RIGHT OF WAY. (AFFECTS REMAINING?zx¢�`;���,�'` PARCEL ONL Y) ; Packet Pg. 193 8.L.1.c L OCA TION MAP. • A PORTION OF SECTION 8— 35-- 40 NOT TO SCALE CER77FICA 7E OF DEDICA 7701V STA TE OF FLORIDA COUNTY OF ST LUCIE KNOW ALL MEN BY THESE PRESENTS THAT ANGLE PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FEE SIMPLE OWNER OF THE LAND DESCRIBED AND PLATTED HEREIN, AS ANGLE ROAD AND A VENUE 'D' SUBDIVISION, L YING, BEING AND SITUA TED IN SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST ST. LUCIE COUNTY, FLORIDA, HAS CAUSED SAID LANDS TO BE SURVEYED AND PLATTED AS SHOWN HEREON AND DOES HEREBY DEDICA TES THE FOLLOWING. IN WITNESS WHEREOF, ANGLE PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, HA VE CAUSED THESE PRESENTS TO BE SIGNED BY ------- --------------- , MANAGING MEMBER OF ANGLE PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND ITS CORPORATE SEAL AFFIXED HEREON BY AND WITH THE AUTHORITY OF ITS BOARD OF DIRECTORES THIS ------ DAY OF 2017. WI TNESS.• PRINT NA ME: WI TNESS.- PRINT NAME - ANGLE PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY NAME.• POSI TION: ACKNOWLEDGMENT: STATE OF FLORIDA COUNTY OF ST LUCIE THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ----- DAY OF --- 2017, BY ______--__,__ ------------------- MANAGING MEMBER OF ANGLE PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED A DRIVER'S LICENSE AS IDENTIFICA TION. NOTARY PUBLIC.• PRINTED NAME COMMISSION , MY COMMISSION EXPIRES: LEGAL DESCRIPTION.• A PARCEL OF LAND LYING IN THE N 112 OF THE NW 114 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE A T THE END OF SURVEY BASE LINE STA TION 135 f 71.38 FOR STA TE ROAD 607A (ANGLE ROAD), AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AT THE NORTH LINE OF SAID SECTION 8; THENCE ALONG THE NORTH LINE OF SAID SECTION 8, SOUTH 89 57'03" EAST TO THE EAST RIGHT OF WA Y OF STA TE ROAD 607A FOR 68.44 FEET, THENCE ALONG SAID EAST RIGHT OF WA Y, SOUTH 43 01'09" EAST TO THE SOUTH RIGHT OF WA Y LINE OF A VENUE 'E' FOR 47.91 FEE I; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 8957'03" EAST FOR 897.0 FEET TO THE POINT OF BEGINNING; THENCE, FROM THE POINT OF BEGINNING, CONTINUING SOUTH 89 57'03" EAST TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 8 FOR 610.24 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF SOUTH 007223" WEST TO THE NORTH RIGHT OF WA Y OF A VENUE 'D' FOR 596.34 FEE T- THENCE NORTH 89 5733" WEST ALONG SAID NORTH RIGHT OF WAY LINE, FOR 709.82 FEET; THENCE NORTH DO 02'27" EAST, A DISTANCE OF 5.00 FEET; THENCE NORTH 89 *5733" WEST A DISTANCE OF 223. 47 FEET TO A POINT ON THE EASTERL Y RIGHT OF WA Y LINE OF ANGLE ROAD, SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCH VE TO THE SOUTHWEST TO WHICH A RADIAL LINE BEARS SOUTH 50 45'41 " WEST HAVING A RADIUS OF 1978.58 FEET AN ARC LENGTH OF 130 56 FEET, A CENTRAL ANGLE OF 034650 ; A CHORD BEARING OF NORTH 4107'44" WEST AND A CHORD DISTANCE OF 130.53 FEET TO A TANGENT LINE; THENCE NORTH 4301'09" WEST FOR 284.27 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89 57'03" EAST FOR 603.15 FEET; THENCE NORTH 0022'17" EAST, FOR 285.56 FEET TO THE PLACE AND POINT OF BEGINNING. ANGLE ROAD AND AVENUE D' SUBDI VISION A PARCEL OF LAND L YING IN THE NORTHWEST 114 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST T ST. LUCIE COUNTY, FLORIDA SHEET I OF 2 777LE CER77FICA 77ON STA TE OF FLORIDA COUNTY OF ST LUCIE I, ___-------------- A DUL Y LICENSED A TTORNEY IN THE STA TE OF FL ORIDA, DO HEREB Y CERTIFY THA T I HA VE EXAMINED THE TITLE OF THE HEREON DESCRIBED PROPERTY; THA T l FIND THE TITLE TO THE PROPERTY IS VESTED IN ANGLE PROPERTIES, LLC, A FLORIDA LIMI1—ED LIABILITY COMPANY; THA T THE CURRENT TAXES HA VE BEEN PAID, AND THA T NO MORTGAGES WERE FOUND AND THA T THERE ARE ENCUMBRANCES OF RECORD BUT THOSE DO NOT PROHIBIT THE CREATION OF THE SUBDIVISION DEPICTED BY THIS PLAT. DATED THIS 4m NAME - DAY OF ----_— 2017. COUNTY ENGINEER APPROVAL STA TE OF FLORIDA COUNTY OF ST. LUCIE I T IS HEREBY CERTIFIED THA T THIS PLA T MEETS THE MINIMUM SUBDI VISION PLA TTING REQUIREMENTS AS SET FORTH IN SECTION 11.03 OF THE ST LUCIE COUNTY LAND DEVELOPMENT CODE. B Y. ---------------- DON WEST P. E. AS ACTING COUNTY ENGINEER ST. LUCIE COUNTY, FLORIDA COUNTY SURVEYOR APPROVAL STA TE OF FLORIDA COUNTY OF ST. LUCIE IT IS HEREBY CERTIFIED THA T THE UNDERSIGNING SURVEYOR AND MAPPER, DUL Y LICENSED IN THE STA TE OF FLORIDA, HAS REVIEWED THIS PLA T FOR CONFORMITY WITH THE REQUIREMENTS OF CHAPTER 177, PART ONE, OF FLORIDA STA TUTES. THIS DAY OF BY_.____ _ ._.--.._._........ _ ROD REED PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 3916 SURVEYORS CER77FICA TE STA TE OF FLORIDA COUNTY OF ST LUCIE 2017 I HEREBY CERTIFY THA T THIS PLA T OF ANGLE ROAD AND A VENUE 'D' SUBDI VISION, AS SHOWN HEREON, IS A TRUE AND CORRECT REPRESENTA TION OF A SURVEY MADE UNDER MY RESPONSIBLE DIRECTION AND SUPERVISION; THA T SAID SURVEY IS ACCURA TE TO THE BEST OF MY KNOWLEDGE AND BELIEF,• THA T PERMANENT REFERENCE MONUMENTS (P. R. M. 'S) AND L OT CORNERS HA VE BEEN PLA CED AS REQUIRED B Y LA W AND FURTHER THA T THIS PLA T COMPLIES W1 TH ALL THE REQUIREMENTS OF CHAPTER 177 FLORIDA STA TUTES DATED THIS DAY OF ROBER T BL 0OMSTER, JIR PROFESSIONAL LAND SURVEYOR NO. 4134 STATE OF FLORIDA LICENSED BUSINESS #6018 2017 PLANNING AND DEVELOPMENT SERVICES STA TE OF FLORIDA COUNTY OF ST. LUCIE IT IS HEREBY CERTIFIED THA T THIS PLA T MEETS THE MINIMUM LOT DIMENSION REQUIREMENTS AS SET FORTH IN SECTION 7 04.00 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE. THIS — -------- DAY OF 1� 2017 LESLIE OLSON PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA APPROVAL OF COUNTY COMMISSION STA TE OF FLORIDA COUNTY OF ST LUCIE I T IS HEREB Y CER TIFIED THA T THIS PLA T HAS BEEN OFFICIA LL Y APPR0 VED FOR RECORDING B Y THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THIS ---------- DA Y OF ------__—_, 2017 BY----- _ _ _ --_ _-------- ------ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS CLERK OF CIRCUIT COURT STA TE OF FLORIDA COUNTY OF ST LUCIE 4 JOSEPH E SMITH, CLERK OF THE CIRCUIT COURT OF ST LUCIE COUNTY, FLORIDA, DO HEREBY CERTIFY THA T THIS PLA T HAS BEEN EXAMINED AND THA T IT COMPLIES IN FORM WITH ALL OF THE REQUIREMENTS OF THE LAWS OF FLORIDA PERTAINING TO MAPS AND PLA IS, AND THA T THIS PLA T HAS BEEN FILED IN PLAT BOOK , PAGES --- ----- OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. RY JOSEPH E. SMI TH CLERK OF THE CIRCUIT COURT ST LUCIE COUNTY, FLORIDA GENERAL PLA T NO7FS- 1. NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY B Y ANY 0 THER GRAPHIC OR DIG/ TA FORM OF PLA T THERE MA Y BE ADDI TONAL RESTRICTIONS THA T ARE NOT SHOWN ON THIS PLA T WHICH MA Y BE FOUND IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FL ORIDA 2. BASIS OF BEARINGS USED HEREON IS CENTERLINE OF ANGLE ROAD AS SHOWN ON PLA T BOOK 21, PAGE 2, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA (BEARS ON AN ASSUMED BEARING OF NORTH 43 01 '09" WEST). 3. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMAL PARTS THEREOF AND ARE BASED ON THE DEFINITION OF A FOOT AS ADOPTED BY THE NATIONAL INSTITUTE AND TECHNOLOGY AND REFER TO THE HORIZONTAL PLANE. 4. COORDINA TES SHOWN HEREON ARE BASED ON FLORIDA STA TE PLANE COORDINA TE SYSTEM EAST ZONE 83/90 ADJUSTED. PREPARED B Y.- BL OOMSTER PROFESSIONAL LAND SURVEYORS, INC. 641 NORTHEAST SPENCER STREET JENSEN BEACH, FLORIDA 34597 PHONE. 772-334-0868 FAX 772-334-5283 BL 0OMSTER 93L 0OMSTERSUR VEY. NET FLORIDA REGISTRA TION NO. 4134 LICENSED BUSINESS NO. 6018 1 j 1 / BOARD OF COUNTY COMMISSIONERS SEAL r r SUR VEYOR'S SEAL r i l j COUNTY SURVEYOR Packet Pg. 194 8.L.1.c r R a M LO r r IL T J co r C 0 E s u 0 w r Q Packet Pg. 195 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4275054 OR BOOK 3961 PAGE 957, Recorded 02/07/2017 04:44:58 PM gL.1.d PARTIAL RELEASE OF LIEN St. Lucie County, holder of the instrument described below, in consideration of $10 and other valuable consideration received, does hereby release the following described real property from the following instrument. Subject Instrument: Partial Release of Lien for 5t. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 85970 dated May4, 2016. Real Property Released; Located at 3214 Avenue D, Fort Pierce, FL 34982 LEGAL DESCRIPTION* FAMILY DOLLAR SITE, LESS THE PROPOSED RIGHT OF WAY TAKING: A PARCEL OF LAND LYING IN THE N 112 OF THE NW 114 OF SECTION 6, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR STATE ROAD 607A (ANGLE ROAD) AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ON THE NORTH LINE OF SAID SECTION 8; THENCE S.807'03"E., FOR 66.44 FEET; THENCE S.4301'09"E., ALONG THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD & THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD FOR 438.79 FEET; THENCE 5.8957'03"E. FOR 25.32 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE S.8957'03"E. FOR 316.68 FEET; THENCE SAMI'09"E_, FOR 273,61 FEET; THENCE S.0002'27"W, FOR 106.00 FEET; THENCE N.8957'33"W., FOR 223.47 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE THE SOUTHWEST TO WHICH A RADIAL LINE BEARS S.50'45`41"W„ TO THE CENTER OF SAID CURVE, HAVING FOR ITS ELEMENT A RADIUS OF 1978,58 FEET AND A CENTRAL ANGLE OF 546`50"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 130.56 FEET TO A POINT OF TANGENCY; THENCE NA301'09"W., A DISTANCE OF 284.27 TO THE POINT OF BEGINNING. CONTAINING: 2.11 ACRES MORE OR LESS. RIGHT OF WAY DEDICATION: A PARCEL OF LAND LYING IN THE N 112 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR STATE ROAD 607A (ANGLE ROAD), AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ON THE NORTH LINE OF SAID SECTION 8; THENCE S.8957'03"E., FOR 68.44 FEET; THENCE 9.43'01'09"E., ALONG THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD & THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD FOR 438.79 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 4501'09" EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 301.56 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1960.08 FEET AND A CENTRAL ANGLE OF 03'31'36" ; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 120.65 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF AVENUE 'D, (A 50 FOOT RIGHT OF WAY); THENCE SOUTH 8967'33" EAST, A DISTANCE OF 243.31 FEET; THENE NORTH OM2'27" EAST, A DISTANCE Packet Pg. 196 OR BOOK 3961 PAGE 958 8.L.1.d OF 5.00 FEET, THENCE NORTH 89'67'33" WEST, A DISTANCE OF 223.47 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST TO WHICH A RADIAL LINE BEARS SOUTH 5030'27" WEST TO CENTER OF SAID CURVE, HAVING A RADIUS OF 1978.58 FEET AND A CENTRAL ANGLE OF 03746'50"; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 130.56 FEET TO A POINT OF TANGENCY; THENCE NORTH 4301'09" WEST, A DISTANCE OF 284.27 FEET; THENCE NORTH 8957'03" WEST, A DISTANCE OF 25.33 FEET TO THE POINT OF BEGINNING. CONTAINING: 0.20 ACRES MORE OR LESS. FAMILY DOLLAR STORE: A PARCEL OF LAND LYING IN THE N 112 OF THE NW 114 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR STATE ROAD 607A (ANGLE ROAD), AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ON THE NORTH LINE OF SAID SECTION 8; THENCE SOUTH 8957'03" EAST, FOR 68.44 FEET, THENCE SOUTH 4MV09" EAST, ALONG THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD & THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD FOR 438,79 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE SOUTH 8957'03" EAST FOR 342,00 FEET; THENCE SOUTH 4301'09" EAST, FOR 273.61 FEET; THENCE SOUTH OOD2'27" WEST FOR 111.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF AVENUE 'D'; THENCE NORTH 8557'33" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, FOR 243.31 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST TO WHICH A RADIAL. LINE BEARS SOUTH 5t73D'27" WEST, TO THE CENTER OS SAID CURVE HAVING FOR ITS ELEMENTS A RADIUS OF 1960.08 FEET, AND A CENTRAL ANGLE OF 03'31'36", THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 120.66 FEET TO A POINT OF TANGENCY, THENCE NORTH 43111'09" WEST, A DISTANCE OF 301.56 FEET TO THE POINT OF BEGINNING. CONTAINING: 100723,94 SQUARE FEET, 2.31 ACRES f. THIS PARTIAL RELEASE DOES NOT CONSTITUTE A SATISFACTION OR A RELEASE OF ANY PROPERTY OTHER THAN THE PROPERTY DESCRIBED ABOVE. Dane th is 14- day of 2017. ATTEST: CODE ENFORCEMENT BOARD 5T. LUCIE OUN RID IAPp oil 11111 it BY: CODE NFORCEMIENT BOARD H RM APPROVED AS TO FORM AND CORRE ES /ATTWNEY STATE OF FLORIDA J COUNTY OF ST. LUCIE 1 e are oing'instrument was acknowledged before me this day of 2017, by t who is personally known to me and who did not take an oath. 1110M91� 9NEppENE JOMIfOM SEAL NOW "k . Stdo of F1oMe cooWsloa 0 FF SSM>tt Notary Public (Signal re) of Coaea. uplree Jul 14.2019 142 B MM*D*NalWINoter7Aan Packet Pg. 197 8.L.1.e COUNTY 0 R i D A Environmental Resources Department Final Report TO: Jeffrey Johnson, Planning & Development Services Department THROUGH: Amy Griffin, Environmental Resources Department Director FROM: Ben Balcer, Senior Environmental Planner DATE: May 11, 2016 SUBJECT: Family Dollar RZ 420165009 & BCC_Csen 420165010 Background The Environmental Resources Department (ERD) has received the April 21, 2016 Planning and Development Services' date -stamped submittal. The applicant requests re -plat approval to divide an 11.75-acre parcel located northeast of the Angle Road and Avenue D intersection, into two (2) parcels equaling 2.25-acres and 9.50-acres. Concurrently, the applicant has requested approval to rezone the 2.25-acre parcel from Industrial Light (IL) to Commercial General (CG), to allow for the construction of a retail store. The remaining 9.50-acre parcel will retain the IL zoning classification. The site is currently vacant, with scattered concrete and exotic vegetation. Findinqs Environmental impacts for this parcel will be assessed once a specific site design is submitted. ERD will conduct further review to ensure compliance with the Land Development Code during the site plan and/or building permit review process. Recommendation ERD supports approval of the rezoning and re -plat. Please contact Ben Balcer at 772-462-2866 if you have any questions. Packet Pg. 198 CAUsers\JohnsonJ.000\AppData\Local\Temp\MinuteTraq\stluciefl@stluciefl.IQM2.com\WorkWttachments\-1.docx ST. LUCIE COUNTY 8.L.1.f Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.orq/planning/planning.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Tvpe rcheck each that applies Site Plan Rezoning 3 ❑ Major Site Plan Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment 7 EV Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 ❑ Appeal of Decision by Administrative Official10 ❑ Eminent Domain Waiver" Application Supplement Packaaes 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 a Packet Pg. 199 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: e `nn+ ria. Supplemental Application Package-Mo.: (Please provide separate fee calculation worksheet for each application type) d BASE REVIEW FEE: 2/ CONCURRENCY FEE: ERD REVIEW FEE: d UTILITIES M PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER SUBTOTAL OF BASIC FEES: [4 PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: ,fie' Date of Pre App: BALANCE OF FEES DUE: $ SC (B) $ 1 '5c) (C) $,��.� $( .7 ) deduction $ � 2—M. c5o I 8.L.1.f I SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 31 party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. ire District and proof of payment will be required prior to project approval. Pre -Application Meeting �RegiIst Applicant Name (Printed) Signature o p icant (For office use only) INTAKE REVIEWER - SIGNATURE VERIFIED BY - SIGNATURE File Number: Page 2 of 6 Revised May 14, 2015 DATE DATE Number: a Packet Pg. 200 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division I 8.L.1.f I Application Type: Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) W/ BASE REVIEW FEE: $ ° . (A) ❑ CONCURRENCY FEE: $ (B) ❑ ERD REVIEW FEE: $ (C) ❑ UTILITIES $ PER ACREAGE CHARGE: S (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES: $ ❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ I, .A-�4� cf� SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 u of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (if Applicable) c 0 • Additional fees will be due if a 31d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. Q • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning a Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting u 06 c by 5+�%1�nS E Applicant Name (Printed) Sig ure of appli nt v a (For office use only) INTAKE REVIEWER - SIGNATURE VERIFIED BY - SIGNATURE File Number: Page 2 of 6 Revised May 14, 2015 DATE DATE Receipt Number: Packet Pg. 201 8.L.1.f Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: l Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) E Aerial Photograph — property outlined (available from Property Appraiser's office lZ Property Deed Legal description, in MS Word format, of subject property d Property Tax Map — property outlined (electronic copy not required) d Survey (24x36) CJ� 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) Concurrency Deferral Affidavit; or Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ElSite Plan 24"x36" at a scale of 1 "=50' (12 copies- folded, not rolled) ❑ Boundary Survey (2436) — Signed and Sealed (12 originals) ❑ Topographic Survey (24x36) — Signed and Sealed (12 originals) ❑ Landscape Plan —Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Fi al Plats only require 2 CDs (follow specifications above) & 4 copies of the following: Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ' ❑ Plat - Include extra copies of Plat for applicable conditions of approval Four (4) Original Molars are due following final staff review. *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised May 14, 2015 a Packet Pg. 202 8.L.1.f Project Information Project Name: Fayn i 6 LA Dot lar - Anrle. Rom' Site address: ?J 2 A-ye-n U.e 0 FoY+ P i e rce, EL -j 9 914-7 Parcel ID Number(s): 2400- 2i1- 000E- 000- 3 Legal Description: (Attach additional sheets if necessary - also must be provided in MS Word format on CD) Reeler -tv�-�Gh-eA Property location - Section/Township/Range: 5'0 -1' 5 S 9.40E Property size - acres:a as AG Square footage: �'1 �i 04 4 5 F Future Land Use Designation: T)� wlf Zoning District: 1L. - ln i�LkSrh�B O -L L (.1t" Description of project: (Attach additional sheets if necessary) GL Ge GI,-i�� i mjgp o urrc Y v-tt b . e • S' D ►' i" `JVI , 420-Y ICE ►'s bc& Type of construction (check all applicable boxes): l� Commercial Total Square Footage: Existing N A 0 Industrial Total Square Footage: Existing ❑ Residential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): Nt1A Page 4 of 6 Revised May 14, 2015 Proposed: 8, 2 4 7 Proposed: Proposed: Proposed: a Packet Pg. 203 8.L.1.f SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Provertv Developer): Agent Information: Business Name: St3 Fix& Pi&c4 6tir, FCG. Business Name: -ri05 Name: 6WrJVE Ur- Name: O-oXtC6 AIXH05 Address: toG5 �E!�r �i /sc + Address: (05 C 0KIan" �~ �2 So LIOAAD32 ®3 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 4D2.fj�t- 2Phone: 2.(, 1 L Fax: 4 - Gt'S 'd Fax: e Co fie4 953' Email: %1%1 n�-?��-���,� �l-�c�s . CZYVI Email: h hP�'J,n �-? j12Er1PUS • &TWI Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. Property Owner Signature Mailing Address: / i`% A. I, i , r.P' Q r/. ,/ y Aeo,Ca�•�t�4 L�- Property wner Name (Printed) Phone: 1% L -/ Z? If more than one owner, please submit additional pages STATE OF i d a , COUNTY OF _LA.11 I . The foregoing instrument was acknowledged before me this day of rGcG�► 20 by b�'��(��Nt Z QN who is personally known to me or who has produced as identification. k�tal J— ( `� L � 61-�E Signatur Type or Print Name of Notary Commission Number (Seal) Page 5 of 6 Revised May 14, 2015 a ,4`o�4►saalai�ftt %`OS 7 @aEt T�,,�1'�i gs10N-TAR 01 N �Y en. } r� B`, 6. .-A i S '•A'FF2016' N ®aea'OF,gG a 4 t x;t 4a�'� Packet Pg. 204 cy— < C)f W 0 < 2 w EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3261554 OR BOOK 3019 PAGE 944, Recorded 10/01/2008 at 09:49 AN Doc Tax: $0.70 , C I P Ck.- U 17 C! V I L IN THE CIRCUIT COURT OF THE 19"'' AMICIAL CIRCUIT IN AND 17OR ST. LUCIE COUNTY. FLORIDA CASL NO. 562006CAU02643AXXXHC (MO MANGO BAY PROPERTY AND INVESTMENTS, INC.. a Florida Curl)oratlonl Plaintiff, cr% (i k J CAPI VAL INVI.S'l MEN I'S, 1.A—C- 1:10ridii hinitcd liability company, 617 RGE l'ORTf R. -o M.. M gU1,111,111101% GEORGE ' PORTER, 111. as guaratilor. 11ORTER AND SONS TRUCKING, an tmincurporated lictifiowi name bN and through GFORGE PORTER, JR. and 61:01ME PORTER, 111. as real parties in interest. g1larafflor. Defendants. CERTIFICA'n," OF TITLE The undersigncd CIvrk of the Court certifies 111.1t She CXCCLIted and filed I CertiliCale of Sale in this action on _-.qEp7jml;r1t 11, 2nng . for the property described hereinand iliat no objections to the sale have been filed within the time allowed for filing objections. The 60110NA'ing property in St. Lucie County, Florida: Sec kxhibit A. B. ('&- 1.) 2008, NVAS SOLD TO: ANGLE -MP&9T1ES--.LLC. -----360(LJFAU 10MJnM- - RATQN- In. TAA311 WITNESS MVIIAND AND SEAL OF THE COURT on this 26 dayofnnzan, EDWIN M. FRY, JR. , C'l- F R K OF Tli I -' CIRCUIT COURT 9 Deputy Clcrk Description: St Lucle,FL Document - Book.Page 3019.944 Page: I of 5 Order: Dean Mead Comment: I Packet Pg. 206 1 8.L.1.f LEGAL DESCRIPTION: PARENT TRACT PER ORB 1772, PG 570: A PORTION OF LAND LYING IN THE N 1/2 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR STATE ROAD 607A (ANGLE ROAD) AT THE NORTH LINE OF SAID SECTION 8; THENCE ALONG THE NORTH OF SAID SECTION 8, SOUTH 89057'03" EAST TO THE EAST RIGHT OF WAY OF STATE ROAD 607A FOR 68.44 FEET; THENCE ALONG SAID EAST RIGHT OF WAY, SOUTH 43°01'09" WEST TO THE SOUTH RIGHT OF WAY LINE OF AVENUE 'E' FOR 47.91 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89°57'03" EAST FOR 897.0 FEET TO THE POINT OF BEGINNING; THENCE, FROM THE POINT OF BEGINNING CONTINUING SOUTH 89°57'03" EAST TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 8 FOR 659.74 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF SOUTH 00012'23" WEST TO THE NORTH RIGHT OF WAY OF AVENUE 'D, FOR 596.33 FEET; THENCE ALONG SAID NORTH RIGHT OF WAY OF SAID STATE ROAD NO. 607-A FOR 999.59 FEET; THENCE ALONG THE EAST RIGHT OF WAY OF STATE ROAD 607-A, NON -RADIAL CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS 1927.08 FEET, AN ARC LENGTH OF 75.90 FEET, A CENTRAL ANGLE OF 02015'23", A CHORD BEARING OF NORTH 41053'27" WEST AND A CHORD DISTANCE OF 75.89 FEET TO A TANGENT LINE; THENCE NORTH 43001'09" WEST FOR 348.33 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89057'03" EAST FOR 628.47 FEET; THENCE NORTH 00°22'17" EAST TO SAID SECTION LINE FOR 285.56 FEET TO THE PLACE AND POINT OF BEGINNING. CORRECTIVE PARENT TRACT: A PARCEL OF LAND LYING IN THE N 1/2 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR STATE ROAD 607A (ANGLE ROAD) AT THE NORTH LINE OF SAID SECTION 8; THENCE ALONG THE NORTH OF SAID SECTION 8, SOUTH 89057'03" EAST TO THE EAST RIGHT OF WAY OF STATE ROAD 607A FOR 68.44 FEET; THENCE ALONG SAID EAST RIGHT OF WAY, SOUTH 43001'09" WEST TO THE SOUTH RIGHT OF WAY LINE OF AVENUE 'E' FOR 47.91 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89057'03" EAST FOR 897.0 FEET TO THE POINT OF BEGINNING; THENCE, FROM THE POINT OF BEGINNING CONTINUING SOUTH 89057'03" EAST TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 8 FOR 659.74 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF SOUTH 00012'23" WEST TO THE NORTH RIGHT OF WAY OF AVENUE 'D, FOR 596.33 FEET; THENCE ALONG SAID NORTH RIGHT OF WAY OF SAID STATE ROAD NO. 607-A FOR 1002.63 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD, SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST TO WHICH A RADIAL LINE BEARS SOUTH 50030'27" WEST, HAVING A RADIUS 1990.08 FEET, AN ARC LENGTH OF 120.65 FEET, A CENTRAL ANGLE OF 03031'36", A CHORD BEARING OF NORTH 41015'21" WEST AND A CHORD DISTANCE OF 120.63 FEET TO A TANGENT LINE; THENCE NORTH 43001'09" WEST FOR 348.33 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89057'03" EAST FOR 628.47 FEET; THENCE NORTH 00022'17" EAST TO SAID SECTION LINE FOR 285.56 FEET TO THE PLACE AND POINT OF BEGINNING. FAMILY DOLLAR STORE: A PARCEL OF LAND LYING IN THE N 1/2 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR STATE ROAD 607A (METZGER ROAD) AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ON THE NORTH LINE OF SAID SECTION 8; THENCE S.89°57'03"E., FOR 68.44 FEET; THENCE S.43°01'09"E., ALONG THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD & THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD FOR 438.79 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE S.89°57'03"E. FOR 342.00 FEET; THENCE S.43001'09"E., FOR 273.61 FEET; THENCE S.00°02'27"W. FOR 111.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF AVENUE 'D'; THENCE N.89°57'33"W., ALONG SAID NORTH RIGHT OF WAY LINE, FOR 243.31 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE THE SOUTHWEST THAT BEARS S.50°45'41"W., TO THE CENTER OF SAID CURVE, HAVING FOR ITS ELEMENT A RADIUS OF 1960.08 FEET AND A CENTRAL ANGLE OF 3031'36"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 120.65 FEET TO A POINT OF TANGENCY; THENCE N.43001'09"W., A DISTANCE OF 301.56 TO THE POINT OF BEGINNING. FAMILY DOLLAR SITE, LESS THE PROPOSED RIGHT OF WAY TAKING: A PARCEL OF LAND LYING IN THE N 1/2 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR STATE ROAD 607A (METZGER ROAD) AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, c 0 R .Q a Q J 06 c a� E c� Y Y Q Packet Pg. 207 8.L.1.f ON THE NORTH LINE OF SAID SECTION 8; THENCE S.89057'03"E., FOR 68.44 FEET; THENCE S.43°01' ALONG THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD & THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD FOR 438.79 FEET; THENCE S.89°57'03"E. FOR 25.33 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE S.89°57'03"E. FOR 316.88 FEET; THENCE S.43°01'09"E., FOR 273.61 FEET; THENCE S.00°02'27"W. FOR 106.00 FEET; THENCE N.89°57'33"W., FOR 223.47 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE THE SOUTHWEST THAT BEARS S.50045'41"W., TO THE CENTER OF SAID CURVE, HAVING FOR ITS ELEMENT A RADIUS OF 1978.58 FEET AND A CENTRAL ANGLE OF 3046'50"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 130.56 FEET TO A POINT OF TANGENCY; THENCE N.43°01'09"W., A DISTANCE OF 284.27 TO THE POINT OF BEGINNING. Q Packet Pg. 208 8.L.1.f m CY 2 v N N 0 rn N 37TH ST y ll- . Zi C� i t L N 37TIl ST � I N n ril ;C c N 35TH ST O N O CD 70 CD a Packet Pg. 209 8.L.1.f St, Lucie County Concurrency DefenrO Affidavit I, 665 �� , residing or doing business at (abs- Le (av e 1r , Name Street br-(aciPo , �Z_ `dot , (4 0-1) 2 y,-?WO City State Zip Phone have applied for a 0-E? C��+ `i g,1� '�i ��4 i� LA from St. Lucie County, Florida, Type of Development Order ;c- for the following project:txc- S�0-'e_ Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. d � Signed: Date: Applicant Pot t��� STATE OF FLORIDA S(3 jFCr 1(-er� ' - Le 'k2co . �— COUNTY OF `)n(YN_QG. The foregoing instrument was acknowledged before me this 2 au day of 1� ( 20 I(-, by I W_11 1 l�l� who is personally known to me or who has produced as identification. r ` Signature of Nota I �y `1cl quf _' Commission Number Page 1 of 1 Revised: April 1, 2008 Type or Pri tt Name o otary (Seal) °"��r`°�=• HILLARY H7PP ' MY COMMISSION J,'FF;a9465 EXPIRES (407) 396-0i53 Floridallotarysu, . .:.:;1;. Packet Pg. 210 8.L.1.f St. Lucie County Concurrency Deferral Affidavit <1 I, . jjAcvt,l Jt`1r"\ n'_ iCkf 1 , residing or doing business at I G1 `1 `1 Name, Street J t'41 — City State Zip Phone have applied fora T'ti: c.� �t.=1 1N 1'vc,�; \���from St. Lucie County, Florida, Type of Development Order for the following project: sk-cce_ Name of Proposed Development S `_;L,-1 %i� t f=t.•.� i-'c:c {. E G, C.t .0 I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. 1 further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: Dater STATE OF FLORIDA COUNTY OF c / The foregoing instrument was acknowled ed before me this �r day of fr � , 20-&, by _ S 1t/U.IiK- tSUILY`Yh who is personally known to me or who has produc as identification. Signature of Notary Type or Print Name of Not Commission Number Page I of I Revised: April 1, 2008 (Seal) O f Oii•IX 0.y•. N �iO` ARY ae rn rn t�0'' Q Packet Pg. 211 8.L.1.f Supplement 3 Rezoning/Amendment to the Official Zoning Atlas Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details Current Zoning: T L J4- c(054r'e-1 USA Current Future Land Use: T � Proposed Zoning: c6_ &mwkrC1k C�e,,"klAcreage of the area to be rezoned: z.Zs' acted 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC. C'W'e-'Vt'Kj4 i's 40f- I j, "C'Wire -t- U-Af r . Q t-Cenr 06 e(&1 n,� 4r &dQ (LDC), 2. Please give a statement describing any changed conditions that would justify a rezoning: 11dd('h21J r-cgf( '*' Ll 6kief00,� a.-O—co 44 p-6t t rrF�jr�� res 4le— 3CfvYlve,, rrdt c.4 r c 4e t 1 '5erV ('e-L?. - l�e Pave e-.r d h, 3. Please state why there is a need for the proposed rezoning: 14Zonl-A� � ev►er0.l Cc•�u i�C�G� C� L) e , 11 G ((cx-c3 ! E �z:i i 54cfe-S J 7T 4-c tocc.i i-rs c.14,, r- 0 r R .Q 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie a County Comprehensive Plan: J &C-) L�sa��rrt ig 6J(�ct i� ono c as 2 Lyc c,..j 1 ze sA. Cocke (;,p,�� P( . 5. Please give a statement outlining the extent to which the proposed amendment: a A) Is compatible with existing land uses; I-A,e s.. `ar�q k �e&J i1us G. (o'3 k, be kc c ~ m0 d, {,) 6"" i'P" ( a Ad 1j(�k (VIJVS�nh� vies: f�1 �eiai � Oie� f cAn tFe posk 5j--kZ uc 1. i V)p S�✓l� u-> CJ 6M, t, �e—S \ K\ Page 1 of 2 Revised: May 27, 2010 Packet Pg. 212 8.L.1.f Supplement 1 B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical service; Ptk kft,?C C' s -to ptr ks, dr4,--a (, sd a(S, =,,, U "oust` t'kv\.ei eOAtnC) e^C,3 rv,a de c�.t k av2 bee,, c o "S A-O-O tZ, 6u-�4, &Wl (.CVA C-^C# Stu" CkQC M� pveetvW"wNn A-iPg64,360r', rnekt;� 1'Ire�rt area (�u (yLgG��ivf iwt( cis. C) Affects the natural environment; (If no adverse impacts expected, please state why.) 1 �"� t-e`z�r"li �� 0.� pry �LS�'+G�, ck•ECx i l USA i..jt �� hrx:�' ;1t� v,ee�c�.-€:.c iw� ev1 A' Lt 6�e�4 w,' (l he C-V-, .0 '-'-a D) Will result in an orderly and logical development pattern; CO S. 'rhos vrot..e<�,5 CL •i- O Uses atcx, a �. cA �ct t e Qv�:�c�Q � � d J J � 'tis #,C-. ?" (>cspck use a,\c� wz It he OC (coati"ect a' E) Will adversely affect the property values in the area; -Tt-e pWD?Cse.c9 � 2a n � ��� i�ncA vse W ; tt t\",e eosAh, r .v,n fd,,d cx- 0 �p-ri, � � c,.lc.� � iv, •l�-e. t:�.reca.. � 6. Please explain the applicant's interest in the subject property; c 1t / e c# a (Garb°l 1 � �7urCLYx i rPn to Ve / e e �e i a to � o � � �' �` M t'i2c,Y,tv'��. �e (��a+--�j wd tl l� cJLevelc�e� u�d�• (�op,tar t�-K�:1 �exe � 7. Please include such other information or documentation that may be deemed necessary o or appropriate to a full and proper consideration and disposition of this particular application. C R,i ,j, , cccrj+ V-,ks hart sev-,•,c,.l N\ac-VivN�, w;U,\ cic-5L0-Ss AA-t tL.^J Ova kt ka ,A:s or °+cc �,bb esea Obe, `tf��s � �, CO E Please Note: This Rezoning Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all land Q owners, giving their consent to the filing of this application and supplement. S t Applicant or Agent Name (Printed) Sign u be R, Tort 1eccc, �OavS cLC_ Page 2 of 2 Jrc �t✓� Qfefv1 Revised: May 27, 2010 �t^t �•� }`�1X4� e Packet Pg. 213 8.M.1 ITEM NO. (ID # 4035) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Ron Parrish, Public Safety Director Public Safety DATE 03/07/2017 *CONSENT AGENDA\PUBLIC SAFETY Hurricane Matthew Federally Funded Public Assistance State Agreement On October 8, 2016, President Barack H. Obama issued a Major Disaster Declaration designated FEMA- 4283-DR-FL for the State of Florida as a result of Hurricane Matthew, and the Declaration authorizes Public Assistance funding for eligible disaster recovery efforts in several different counties including St. Lucie County. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The anticipated cost to the County is estimated to be $3.2 million as of 12/13/2016. The majority of these expenses are for Mosquito Control impountment repairs and County debris removal. The majority of these expenses incurred may be reimbursed as a part of the Hurricane Matthew Federally Funded Public Assistance State Agreement. RECOMMENDATION: Staff recommends Board acceptance of the Hurricane Matthew Disaster Declaration (FEMA-4283-DR-FL) Federally Funded Public Assistance State Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 214 8.M.1 Coordination/Signatures Tiffany Be , Public), ublic fet Division Director 12 13/ 016 `I 4anieYS."McIntyre,torney 12/14/2016 h y burn, off e e Budget Director 12/13/2016 17 d De noun Administrator 12/14/2016 Updated: 3/1/20174:32 PM by Katrina Slay Page 2 Packet Pg. 215 Contract Number: Subgrantee/Subrecipient: 8.M.1.a FIPS/PAID Number: HURRICANE MATTHEW DISASTER DECLARATION (FEMA-4283-DR- FL) Federally Funded Public Assistance State Agreement THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, whose headquarters is in Tallahassee, Leon County, Florida (hereafter referred to as the "Grantee/Recipient"), and: (hereinafter referred to as the "Subgrantee/Subrecipient") WHEREAS, On October 8, 2016, President Barack H. Obama issued a Major Disaster Declaration designated FEMA-4283-DR-FL for the State of Florida as a result of Hurricane Matthew; and WHEREAS, The Declaration, as amended, authorizes Public Assistance funding for eligible disaster recovery efforts in Bradford, Brevard, Clay, Duval, Flagler, Indian River, Lake, Martin, Nassau, Palm Beach, Putnam, Seminole, St. Johns, St. Lucie, and Volusia Counties. WHEREAS, The FEMA-State Agreement executed October 12, 2016, and subsequently amended, between the State of Florida and the Federal Emergency Management Agency (FEMA) governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees/Subrecipients; and WHEREAS, The Subgrantee/Subrecipient is located in the affected area and appears to have suffered eligible damage; now THEREFORE, the Grantee/Recipient and the Subgrantee/Subrecipient, as evidenced by the execution of this document by affixing the signatures of the parties' authorized representatives below, agree to the following: 1) DEFINITIONS. a. As used in this Agreement, the following terms have the following meanings unless another meaning is specified elsewhere: PA Funding Agreement FEMA-4283-DR-FL page Packet Pg. 216 Agreement Sum: is the Grantee's/Recipient's amount of reimbursement to the Subgrantee/Subrecipient for its verified expenses, subject to the scope of work identified in the Project Worksheet for Small and/or Large Projects. Eligible activities: are those activities authorized in the FEMA-State Agreement (located in FloridaPA.org on the main Disaster Summary Page under "documents"), and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.0 §§ 5121-5207 (Stafford Act); in accordance with 44 C.F.R.; 2 C.F.R.; and applicable policies of both the State of Florida and FEMA. iii. FEMA - State Agreement: is the agreement executed October 12, 2016, and amended from time to time, between the FEMA and the State of Florida, for a presidential major disaster declaration designated FEMA4283-DR-FL. iv. Large Project Threshold: When the approved estimate of eligible costs for an individual project under this major disaster is $123,10000 or greater, it is a Large Project. V. P.2. package: is the formal notification used for all versions of a Project Worksheet with a change in the funding amount. vi. Project Worksheet (Subgrant Application): is the primary form used to document the location, damage description and dimensions, scope of work, Special Considerations, and cost estimates for each small or large project. It is the basis for the grant. vii. Reasonable: for purposes of access to records, is construed according to the circumstances, but ordinarily means during the normal business hours of 8:00 a.m. to 5:00 p.m., local time, on any Monday through Friday that is not a state or federal holiday. viii. Zero (0) Dollar Notification Letter: is the notification for projects where there are scope changes, improved or alternate projects, ineligible cost or a zero (0) dollar variance closeout. 2) AGREEMENT TO BE BOUND. a. The parties enter into this Agreement intending to be bound by same. b. The parties specifically agree to comply with all conditions, obligations, and duties imposed by this Agreement, by the FEMA - State Agreement, and by all applicable State and federal laws, regulations, and policies without limitation, including but not limited to 44 C.F.R.; 2 C.F.R.; and applicable policies of both the State of Florida and FEMA. The Subgrantee/Subrecipient further agrees to comply with the Statement of Assurances attached hereto as Attachment "A" and incorporated herein by reference. 3) FUNDING. a. The federal share of the eligible costs specified in the Project Worksheets under 7 this Agreement is seventy-five percent (75%) of such costs, unless a higher r percentage is approved. The non-federal share is the remaining amount. E r r Q PA Funding Agreement FEMA-4283-DR-FL page Packet Pg. 217 b. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. c. The Subgrantee/Subrecipient acknowledges that the Grantee's/Recipient's obligation to pay under this Agreement is contingent upon an appropriation by the State Legislature, subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. d. Disbursement must be consistent with section 252.37, Florida Statutes. Admin- istrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206.228 and do not require matching funds may also be funded by FEMA. e. Subject to an advance payment of funds by the Grantee/Recipient to the Subgrantee/Subrecipient, the Grantee/Recipient will provide funds on a cost reimbursement basis to the Subgrantee/Subrecipient for eligible activities approved by the Grantee/Recipient and FEMA, as specified in the approved Subgrantee/Subrecipient Project Worksheets. f. The Grantee/Recipient may provide some portion of any nonfederal share for some Subgrantees/Subrecipients. As a condition of receipt of the federal funding, the Subgrantee/Subrecipient agrees to provide any nonfederal share not paid by the Grantee/Recipient. The federal allowable costs must be determined as per 2 C.F.R. and 44 C.F.R. §§ 13 and 206. g. The approved Project Worksheets will be transmitted to the Subgrantee/ Subrecipient, and must state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. h. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. These actions will be denoted in the final version of the obligated project worksheet for each project. i. The approved Project Worksheets will document the total eligible costs and the total federal share of those costs. As a condition of funding under this Agreement, the Subgrantee/Subrecipient agrees that the Grantee/Recipient may withhold funds otherwise payable to the Subgrantee/Subrecipient from any disbursement to the Grantee/Recipient, by FEMA or any other source, upon a determination by the Grantee/Recipient or FEMA that funds exceeding the eligible costs have been disbursed to the Subgrantee/Subrecipient pursuant to this Agreement or any other funding agreement administered by the Grantee/Recipient. k. The Subgrantee/Subrecipient understands and agrees that the Grantee/Recipient may offset any funds due and payable to the Subgrantee/Subrecipient until the debt to the State is satisfied. In such event, the Grantee/Recipient will notify the Subgrantee/Subrecipient via the entry of notes in FloridaPA.org. 4) INSURANCE. a. The Subgrantee/Subrecipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace, financial assistance from insurance coverage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Subgrantee/ Subrecipient further understands and agrees that If Public Assistance funding is PA Funding Agreement FEMA-4283-DR-FL page Packet Pg. 218 obligated for work that is subsequently determined to be covered by insurance and/or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4) and 312 (c). b. As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252- 253, for damaged facilities, the Subgrantee/Subrecipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Grantee/Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than $5,OOO90 c. In addition to the preceding requirements, the Subgrantee/Subrecipient under- stands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, "Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Subgrantee/Subrecipient to purchase and maintain insurance, where that insurance is "reasonably available, adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding. The Act further states "If the requirement to purchase insurance is not met, FEMA will not provide assistance for damages sustained in the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not "reasonably available, adequate or necessary to protect against future loss" to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. d. The Subgrantee/Subrecipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§ 206.252-253. e. The Subgrantee/Subrecipient agrees to notify the Grantee/Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Subgrantee/Subrecipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. f. The Subgrantee/Subrecipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. 5) DUPLICATION OF BENEFITS PROHIBITED. a. The Subgrantee/Subrecipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Subgrantee/ i Subrecipient receive any other duplicate benefits from any source whatsoever. x b. The Subgrantee/Subrecipient agrees to reimburse the Grantee/Recipient if it is receives any duplicate benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Subgrantee/Subrecipient has00 received payment from the Grantee/Recipient. c. The Subgrantee/Subrecipient agrees to notify the Grantee/Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, r r Q PA Funding Agreement FEMA-4283-DR-FL page Packet Pg. 219 applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. d. In the event the Grantee/Recipient determines the Subgrantee/Subrecipient has received duplicate benefits, the Subgrantee/Subrecipient gives the Grantee/ Recipient and/or the Chief Financial Officer of the State of Florida, the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Subgrantee/Subrecipient, and to use such remedies as may be available administratively, at law, or at equity, to recover such benefits. 6) COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS. a. The Subgrantee/Subrecipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee/Recipient, and in accordance with applicable Local, State, and Federal legal requirements. b. If applicable, the contract documents for any project undertaken by the Sub- grantee/Subrecipient, and any land use permitted by or engaged in by the Subgrantee/Subrecipient, must be consistent with the local government comprehensive plan. c. The Subgrantee/Subrecipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. d. The Subgrantee/Subrecipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. 7) DOCUMENTATION AND INSPECTIONS. a. The Subgrantee/Subrecipient must create and maintain documentation of work performed and costs incurred on each project site identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. If the Grantee/Recipient determines the Subgrantee/Subrecipient has failed to create and maintain such documentation, the Grantee/Recipient may, in its sole discretion, terminate further funding under this Agreement. In such event the Subgrantee/Subrecipient must, within sixty (60) days of receipt of Notice by the Grantee/Recipient, reimburse the Grantee/ Recipient for all payments disbursed to the Subgrantee/Subrecipient, together with any and all accrued interest. i. Failure of the Grantee/Recipient to terminate funding when a Subgrantee's/ Subrecipient's breach is discovered does not act as a waiver of the Grantee's/Recipient's right to enforce this provision later, nor does failure to enforce this provision in one instance act as a waiver to enforce this provision in other instances. b. For all projects, the Subgrantee/Subrecipient must state on the "Project Comp- letion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and must state the date of completion. 00 c a) E M U a r r Q PA Funding Agreement FEMA-4283-DR-FL page Packet Pg. 220 8) c. For Small Projects, the Subgrantee/Subrecipient must notify the State when work is complete and must upload photographs clearly demonstrating completion of the work to the Subgrantee/Subrecipient's FloridaPA.org account. d. For Large Projects the Subgrantee/Subrecipient must submit a Request for Close- out on FloridaPA.org, and include. i. a Request for Reimbursement (if funds are owed to the Subgrantee/ Subrecipient); and ii. a Summary of Documentation which is automatically created when the request for closeout is submitted on FloridaPA.org. e. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Grantee/Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. Interim Inspections may be requested by the Subgrantee/Subrecipient, on both small and large projects, to: conduct insurance reconciliations; ii. review an alternate scope of work; iii. review an improved scope of work; and/or iv. validate scope of work and/or cost. g. Interim Inspections may be scheduled and submitted by the Grantee/Recipient as a request in FloridaPA.org under the following conditions: i. a quarterly report has not been updated between quarters; the Subgrantee/Subrecipient is not submitting Requests for Reimburse- ment (RFR's) in a timely manner; iii. requests for a Time Extension have been made that exceed the Grantee's/ Recipient's authority to approve; and/or iv. there are issues or concerns identified by the Grantee/Recipient that may impact funding under this agreement h. The Subgrantee/Subrecipient must submit a request Large Project closeout in FloridaPA.org no later than sixty (60) days after the project's completion. i. The Grantee/Recipient will use its authority to submit a request for project closeout if the Subgrantee/Subrecipient has identified the project to be complete but has failed to submit the request for closeout. PAYMENT_ a. The Grantee/Recipient agrees to disburse the eligible costs to the Subgrantee/ Subrecipient in accordance with the following procedures: Funding for Small Projects: Small project funding will be based on = estimated costs, only if actual costs are not yet available. Payment is made on the basis of the initial approved amount, whether estimated or actual. r Revisions to the initial Project Worksheet may be required if there are omissions or changes in the scope of work. (Revisions to the Project Worksheets may result in changes in funding level and/or category.) E Payment methods are fully described in FEMA's Public Assistance Program and Policy Guide (January 2016). A request to increase cost on Q PA Funding Agreement FEMA-4283-DR-FL page nfoQ Packet Pg. 221 small projects is only allowed under a request for a Net Small Project Overrun. A Small Project Netting will require the inspection of all small projects to ensure that both the scope of work was completed and that all combined funds were expended. 1. The Grantee/Recipient agrees to disburse the federal and nonfederal shares of the eligible costs for Small Projects to the Subgrantee/Subrecipient as soon as practicable after execution of this Agreement and formal notification by FEMA of its obligation of the pertinent Small Project Worksheet. ii. Funding for Large Projects: Although Large project funding must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Subgrantee/Subrecipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of actual costs and will transmit the information to FEMA for its consideration for final funding adjustments. 1. The Grantee/Recipient agrees to reimburse the Subgrantee/ Subrecipient for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after execution of this Agreement and formal notification by FEMA of its approval of the pertinent Large Project Worksheet and submission of a Request for Reimbursement (RFR) by the Subgrantee/Subrecipient. The submission from the Subgrantee/Subrecipient requesting this reimbursement must include: a) a Request for Reimbursement (available in FloridaPA.org); b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in FloridaPA.org and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records, daily work logs, invoices, purchase orders, and change orders); and c) the FEMA Cost Claim Summary Workbook (found in the Forms section of FloridaPA.org), along with copies of original documents such as contract documents, invoices, change orders, canceled checks (or other proof of expenditure), purchase orders, etc. b. Once the work is completed, the Grantee/Recipient and the Subgrantee/Sub- recipient will conduct a final inspection to determine if the payments to the Subgrantee/Subrecipient were proper, if it is owed additional monies, or if it must submit repayment to the State for overpayment. c. In the event that funds are owed to the State on any Federal grant, all payables are subject to be applied to any receivable until the total debt is satisfied. d. The amount which may be advanced may not exceed the expected cash needs of the Subgrantee/Subrecipient for the first three (3) months of the contract term, not to exceed the Federal share. e. Advances. PA Funding Agreement FEMA-4283-DR-FL page 7 Packet Pg. 222 i. Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment. Notwithstanding Paragraph "3) Funding," above, these payments are not bound by Section 216.181(16), Florida Statutes. 1. The Grantee/Recipient must request a waiver from the State Comptroller each Fiscal year. 2. For a federally funded contract, any advance payment is also subject to 2 C.F.R., federal OMB Circulars A-87, A-110, A-122, and the Cash Management Improvement Act of 1990. 3. All advances must be held in an interest -bearing account with the interest being remitted to the Grantee/Recipient as often as practicable, but not later than ten (10) business days after the close of each calendar quarter. 4. In order to prepare a Request for Advance (RFA) the Subgrantee/ Subrecipient must certify to the Grantee/Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Subgrantee/Subrecipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 5. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 6. The Subgrantee/Subrecipient must complete a Request for Reimbursement (RFR) via FloridaPA.org no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 7. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 8. The Grantee/Recipient may advance funds to the Subgrantee/ Subrecipient, not exceeding the Federal share, only if the Subgrantee/Subrecipient meets the following conditions: a) the Subgrantee/Subrecipient must certify to the Grantee/ Recipient that Subgrantee/Subrecipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) the Subgrantee/Subrecipient must submit to the Grantee/ Recipient the budget supporting the request. 9. The Subgrantee/Subrecipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than 90 days after receipt of the Advance; PA Funding Agreement FEMA-4283-DR-FL page nfoQ Packet Pg. 223 9) 10. The Grantee/Recipient may, in its sole discretion, withhold a portion of the federal and/or nonfederal share of funding under this Agreement from the Subgrantee/Subrecipient if the Grantee/ Recipient reasonably expects that the Subgrantee/Subrecipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Subgrantee/ in Subrecipient was improper. FINAL PAYMENT. a. The Grantee/Recipient agrees to disburse the final payment to the Subgrantee/ Subrecipient upon satisfaction of the following conditions: i. the Subgrantee/Subrecipient must have completed the project to the satisfaction of the Grantee/Recipient; ii. the Subgrantee/Subrecipient must have submitted the documentation required by this Agreement; iii. in the case of Large Projects, the Grantee/Recipient must have performed the final inspection; iv. in the case of Small Projects, the project listing and certification must have been reviewed by the Grantee/Recipient, or alternatively, the Grantee/ Recipient must have performed a final inspection (the subgrantee notifies the state when work is complete on small projects, small projects are considered closed when the PA. has been processed and FEMA has closed the subgrantee Grant); and v. the Subgrantee/Subrecipient must have requested final reimbursement. b. The Grantee/Recipient may submit the final Request for Reimbursement (RFR) based on final inspections and closeout versions. 10) RECORDS MAINTENANCE. a. The funding of eligible costs under this Agreement and the performance of all other conditions are subject to the following requirements, in addition to such other requirements as may be imposed by operation of law: i. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 2 C.F.R. and 44 C.F.R. § 13, as amended; ii. Office of Management and Budget Circular (OMB) No. A-87, "Cost Principles for State and Local Governments," as amended; iii. OMB Circular A-110, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations," as amended; iv. OMB Circular A-122, "Cost Principles for Non -Profit Organizations," as amended; and v. OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations," as amended. b. The Subgrantee/Subrecipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of 00 r c a) E U a r r Q PA Funding Agreement FEMA-4283-DR-FL page Packet Pg. 224 five (5) years from the date of the Subgrantee/Subrecipient account closeout by FEMA. i. The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period expires, and extends beyond the five (5) year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. c. Records for the disposition of non -expendable personal property valued at $5,00000 or more at the time it is acquired must be retained for five (5) years after final account close out. d. Records relating to the acquisition of real property must be retained for five (5) years after final account close out. e. The Subgrantee/Subrecipient and its employees or agents, including all sub- contractors or consultants to be paid from funds provided under this Agreement, must allow access to its records at reasonable times to the Grantee/Recipient, the Florida Chief Financial Officer, the Florida Auditor General, the Comptroller General of the United States, the Department of Homeland Security (DHS), and FEMA, to include any designated employees and/or agents of such entities. 11) REPAYMENT BY SUBGRANTEE/SUBRECIPIENT. a. If upon final inspection, final audit, or other review by the Grantee/Recipient, FEMA, or any other authority, it is determined that the disbursements to the Subgrantee/Subrecipient under this Agreement exceed the eligible costs, the Subgrantee/Subrecipient must reimburse to the Grantee/Recipient the amount by which the total disbursements exceed the eligible costs no later than forty-five (45) days from the date the Subgrantee/Subrecipient receives notice of such determination. b. All refunds or repayments owing to the Grantee/Recipient under this Agreement are to be made payable to the order of "Division of Emergency Management, Cashier" and mailed directly to: Cashier, Division of Emergency Management, 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100. c. In accordance with section 215.34 (2), Florida Statutes, if a check or other draft is returned to the Grantee/Recipient for collection, Recipient must pay the Grantee/Recipient a service fee of $1500 or 5% of the face amount of the returned check or draft, whichever is greater. 12) AUDIT a. The Subgrantee/Subrecipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. L b. In accounting for the receipt and expenditure of funds under this Agreement, the Subgrantee/Subrecipient shall follow Generally Accepted Accounting Principles = ("GAAP"). As defined by 2 C.F.R. § 200.49, GAAP "has the meaning specified in r accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." 9° c c. When conducting an audit of the Subgrantee's/Subrecipient's performance under E this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. § 200.50, GALAS, "also known as Q PA Funding Agreement FEMA-4283-DR-FL page 1 nfoQ Packet Pg. 225 the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Subgrantee/Subrecipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Subgrantee/Subrecipient of such noncompliance. e. The Subgrantee/Subrecipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Subgrantee's/Subrecipient's fiscal year. f. The Subgrantee/Subrecipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Subgrantee/ Subrecipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Subgrantee/Subrecipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Subgrantee/Subrecipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 13) NONDISCRIMINATION BY CONTRACTORS. a. Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, the Subgrantee/ as Subrecipient must undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement. The Subgrantee/ i Subrecipient is also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R. § 17. r r 14) MODIFICATION AND TIME FOR PERFORMANCE. a. Any amendments to, or modification of, this Agreement, including a modification extending the time for completion of a project, must be in writing, must be subject r Q PA Funding Agreement FEMA-4283-DR-FL page 1 Packet Pg. 226 to the same terms and conditions as those set out in the initial Agreement, and takes effect only upon execution by both parties. b. Modifications to any Project Worksheet to be funded under this Agreement maybe requested by the Subgrantee/Subrecipient through the Grantee/Recipient. The approval of any such modifications, however, is at the sole discretion of FEMA. c. Any approved modification to a Project Worksheet must be noted in a new Project Worksheet version for the project and in any amendment to this Agreement. d. The time allowed for the performance of eligible emergency work is six (6) months c y from the date of the presidential major disaster declaration, unless extended by the y Grantee/Recipient or FEMA. Q e. The time allowed for the performance of eligible permanent work is eighteen (18) months from the date of the presidential major disaster declaration, unless a extended by the Grantee/Recipient or FEMA. f. The time for project completion can only be extended once unless the failure of the Subgrantee/Subrecipient to close out the project is caused by events beyond its U, control. Extensions cannot be granted for delays caused by lack of cost -share funding. g. If any extension request is denied by the Grantee/Recipient, or is not sought by the a� Subgrantee/Subrecipient, reimbursement is only available for eligible project costs incurred up to the latest approved extension for completed projects. h. Failure to complete a project is adequate cause for the termination of funding for that project and require reimbursement to the Grantee/Recipient of any and all project costs. 15) CONTRACTS WITH OTHERS. a. If the Subgrantee/Subrecipient contracts with any contractor or vendor for per- formance of any portion of the work required under this Agreement, the Subgrantee/Subrecipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Grantee/Recipient, its employees and/or their contractors, and the Subgrantee/Subrecipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. b. The Subgrantee/Subrecipient must document in the Quarterly Report the sub- contractor's progress in performing its work under this Agreement. c. For each subcontract, the Subgrantee/Subrecipient must provide a written statement to the Grantee/Recipient as to whether the subcontractor is a minority vendor as defined in section 288.703, Florida Statutes. Copies of all contracts and subcontracts must be uploaded into FloridaPA.org by the Subgrantee/Subrecipient. d. All contracts must conform to the uniform standards for procurement found in 2 C.F.R §§ 200.317-.326 and Appendix II. i. Grace Period. Notwithstanding the preceding, a Non -Federal Entity (NFE), 7 may choose to continue to comply with the former procurement standards ao applicable to FEMA awards found at 44 C.F.R. Part 13 (for states, local, and Indian tribal governments) or 2 C.F.R. Part 215 (for institutions of E higher education, hospitals, and other nonprofit organizations) until the r r Q PA Funding Agreement FEMA-4283-DR-FL page 1 Packet Pg. 227 completion of two additional fiscal years after December 26, 2014. This is an elective grace period. Note that if an NFE elects to use the previous procurement standards, it must affirmatively document this decision in its internal procurement policies, including the date upon which its grace period (based upon the two additional fiscal years) will end, and that it understand and agrees it must transition to the new procurement standards. in 16) LIABILITY. a. The Grantee/Recipient assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee/Subrecipient is a governmental entity covered under section 768.28 (5), Florida Statutes, the Subgrantee/Subrecipient is solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Further, unless the Subgrantee/ Subrecipient is a governmental entity within the meaning of the preceding sentence, the Subgrantee/Subrecipient, by entering into this Agreement, agrees to indemnify and hold the Grantee/Recipient harmless from any and all claims asserted by third parties in connection with the performance of this Agreement. b. For the purpose of this Agreement, the Grantee/Recipient and the Subgrantee/ Subrecipient agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other. c. Nothing in this Agreement is to be construed as a waiver by the Grantee/Recipient or the Subgrantee/Subrecipient of any legal immunity, nor is anything in this Agreement to be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. d. The Subgrantee/Subrecipient represents that to the best of its knowledge any hazardous substances that may be present at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, State or local requirements concerning such substances. e. The Subgrantee/Subrecipient further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance will be addressed in accordance with all applicable legal requirements. 17) REPORTS. a. The Subgrantee/Subrecipient must provide Quarterly Reports to the Grantee/ Recipient on the Quarterly Report Form available in FloridaPA.org, a sample of which is attached hereto as Attachment "B" and incorporated herein by reference. �a b. The first Quarterly Report is due at such time as the Subgrantee/Subrecipient is notified so. All subsequent Quarterly Reports are due no later than fifteen (15) days c after each calendar quarter through the 2"d Quarter after official closure by FEMA. M Quarterly Reports must indicate the anticipated completion date (this is not the 3 approved time extension date but the date the Subgrantee/Subrecipient actually = expects the project work to be complete for each project), together with any other r circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. c c. Interim inspections must be scheduled by the Subgrantee/Subrecipient before the E final inspection, and may be required by the Grantee/Recipient based on information supplied in the Quarterly Reports. Q PA Funding Agreement FEMA-4283-DR-FL page 1 Packet Pg. 228 d. The Grantee/Recipient may require additional reports as needed, in which case the Subgrantee/Subrecipient must provide any such additional reports as soon as practicable. e. With respect to a Request for Advance or Reimbursement, Summary of Documen- tation, and Quarterly Reports, the contact for the Grantee/Recipient will be the State Public Assistance Officer. If the reports required under this section are not completed with all required information and timely submitted, the Grantee/Recipient must withhold payments payable to the Subgrantee/Subrecipient from any funding agreement. g. If reimbursement has not been requested within 720 days of obligation, FEMA may de -obligate funding as an interim financial reconciliation. If this occurs, the delay in funding is not appealable and the Subgrantee/Subrecipient will be eligible for funding when the project is complete and the final inspection has been processed by FEMA. 18) MONITORING. a. The Subgrantee/Subrecipient must monitor its performance under this Agreement, as well as that of its subcontractors, agents, and consultants who are paid from funds provided under this Agreement, to ensure that performance under this Agreement is achieved, satisfactorily performed, and in compliance with applicable State and federal laws, rules, and regulations. b. In addition to reviews of audits conducted in accordance with 2 C.F.R. and OMB Circular A-133, as revised, and section 215.97, Florida Statutes, monitoring procedures may include, but are not limited to, on -site visits by the Grantee/Recipient or its agent, limited scope audits as defined by OMB Circular A133, as revised, and/or other procedures deemed necessary by the Grantee/Recipient or FEMA. By entering into this Agreement, the Subgrantee/Subrecipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Grantee/ Recipient. In the event that the Grantee/Recipient determines that a limited scope audit of the Subgrantee/Subrecipient is appropriate, the Subgrantee/Subrecipient agrees to comply with any additional instructions provided by the Grantee/ Recipient regarding such audit. c. The Subgrantee/Subrecipient agrees to comply and cooperate with any inspec- tions, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. d. The Grantee/Recipient will monitor the performance and financial management by the Subgrantee/Subrecipient throughout the contract term to ensure timely completion of all tasks. e. The Subgrantee/Subrecipient must update its contacts in FloridaPA.org each quarter and ensure requests for updates are submitted as required by Florida Statutes. 19) MANDATED CONDITIONS. r a. The Subgrantee/Subrecipient understands and agrees that: 00 c i. Invoices for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre and post -audit. r r Q PA Funding Agreement FEMA-4283-DR-FL page 1 Packet Pg. 229 The Grantee/Recipient may unilaterally terminate this Agreement for refusal by the Subgrantee/Subrecipient or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, that are made or received by the Subgrantee/Subrecipient or its contractors and subcontractors in connection with this Agreement. iii. No funds or other resources received from the Grantee/Recipient disbursed to it under this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. iv. Responsibility for compliance with this Agreement rests with the Sub- grantee/Subrecipient, and further agrees that noncompliance with this Agreement is cause for the rescission, suspension, or termination of funding under this Agreement, and may affect eligibility for funding under past and future Subgrantee/Subrecipient Agreements. V. If otherwise allowed under this Agreement, all invoices for any travel expenses must be submitted in accordance with section 112.061, Florida Statutes. vi. The Grantee/Recipient will not knowingly award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, in violation of the employment provisions contained in 8 U.S.C. § 1324a(e) [§ 74A(e) of the Immigration and Nationality Act ("INX)] and the Grantee/ Recipient considers the employment of unauthorized aliens by any contractor a violation of § 274A(e) of the INA. Such violation by the Subgrantee/Subrecipient is grounds for unilateral cancellation of this Agreement by the Grantee/Recipient. vii. It will comply with the restriction that a person or affiliate who has been placed on the debarred/convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list will not be allowed to submit a bid on a contract to provide any goods or services to a public entity, will not be allowed to submit a bid on a contract with a public entity for the construction or repair of a public building or public work, will not be allowed to submit bids on leases of real property to a public entity, will not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and will not be allowed to transact business with any public entity in excess of Category Two for a period of thirty-six (36) months from the date of being placed on the debarred/convicted vendor list or on the discriminatory vendor list. viii. If applicable, it must comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, all State and local government services, and in telecommunications. 20) CERTIFICATIONS. r a. The Subgrantee/Subrecipient certifies that: 00 c i. It possesses the legal authority to receive the funds under this Agreement and that its governing body (if applicable) has authorized the execution and acceptance of this Agreement. r Q PA Funding Agreement FEMA-4283-DR-FL page 1 Packet Pg. 230 The individual executing this Agreement c behalf has the authority to legally execute Subgrantee/Subrecipient to its terms. i Subgrantee's/Subrecipient's 8•M.1.a this Agreement and bind the iii. With respect to any Subgrantee/Subrecipient other than a State agency or political subdivision of the State, which receives funds under this Agreement from the federal government, to the best of its knowledge and belief, that it and its principals: are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. have not within the five-year period preceding entering into this Agreement had one or more public transactions (federal, State, or local) terminated for cause or default; and 3. have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or a contract under public transaction, or b) violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. b. The Subgrantee/Subrecipient certifies that to the best of its knowledge and belief: No federal appropriated funds have been or will be paid, by or on behalf of the Subgrantee/Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. `c 1. Subgrantee/Subrecipient understands that if any funds other than federal appropriated funds have been paid or will be paid to any person for 3 influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Subgrantee/Subrecipient must complete and c submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. ii. All unmanufactured and manufactured 3 articles, materials and supplies which are acquired for public use under this = Agreement have been produced in the United States as required by 41 U.S.C. r § 10a, unless it would not be in the public interest or unreasonable in cost. c. The Subgrantee/Subrecipient understands and agrees that the language of this c certification must be included in the award documents for all sub awards at all tiers E (including subcontracts, sub grants, contracts under grants, loans, and cooperative agreements) and that all Subgrantees/Subrecipients must certify and disclose Q PA Funding Agreement FEMA-4283-DR-FL page 1 nfoQ Packet Pg. 231 accordingly. The Subgrantee/Subrecipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. i. Subgrantee/Subrecipient further understands that submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,00000 and not more than $100,00000 for each such failure. d. Where the Subgrantee/Subrecipient is unable to certify to any of the statements in this certification, the Subgrantee/Subrecipient understands it must submit to the Grantee/Recipient (by email or facsimile) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" for each prospective subcontractor which the Subgrantee/Subrecipient intends to fund under this Agreement. (See Attachment "C".) Such form must be received by the Grantee/ Recipient prior to the Subgrantee/Subrecipient entering into a contract with any prospective subcontractor. 21) TERM. a. This Agreement takes effect upon its execution by the last of the signatories and terminates upon approval of account closeout by FEMA, unless terminated earlier as specified elsewhere in this Agreement. i. Notwithstanding the above, this Agreement survives account closeout for the purposes of State or federal audit purposes. b. The Subgrantee/Subrecipient agrees to commence work on the project(s) specified by this Agreement without delay. 22) DEFAULT, REMEDIES, AND TERMINATION. a. Upon the occurrence of any one or more of the following events the Grantee/ Recipient may, at its option, terminate this Agreement and any funding under this Agreement, and all obligations of the Grantee/Recipient to disburse further funds under this Agreement terminate at the option of the Grantee/Recipient: The determination that any representation by the Subgrantee/ Subrecipient in this Agreement is inaccurate or incomplete in any material respect, or that the Subgrantee/Subrecipient has breached any condition of this Agreement and has not cured such breach in a timely fashion, or that the Subgrantee/Subrecipient is unable or unwilling to meet its obligations under this Agreement; the Subgrantee/Subrecipient suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to the Grantee/Recipient, if Subgrantee/Subrecipient has not cured the condition within thirty (30) days after notice in writing from the Grantee/Recipient; iii. any reports required by this Agreement have not been submitted to the r Grantee/Recipient or have been submitted with inaccurate, incomplete, or 00 inadequate information; or iv. the monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the State Legislature, Q PA Funding Agreement FEMA-4283-DR-FL page 17 Packet Pg. 232 Florida Department of Financial Services, Congress, or Office of Management and Budget. b. Notwithstanding the preceding, the Grantee/Recipient may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. c. Upon the occurrence of any one or more of the foregoing events, the Grantee/Recipient may at its option give notice in writing to the Subgrantee/ Subrecipient to cure its failure of performance if such failure can be cured. Upon the failure of the Subgrantee/Subrecipient to cure, the Grantee/ Recipient may exercise any one or more of the following remedies: i. terminate this Agreement upon not less than fifteen (15) days' notice of such termination after delivery by certified letter to the Subgrantee/ Subrecipient at the address specified in Attachment "D" of this Agreement; ii. commence an action in law or in equity for the judicial enforcement of this Agreement; iii. withhold the disbursement of any payment or any portion of a payment otherwise due and payable to the Subgrantee/Subrecipient pursuant this Agreement; and iv. take any other actions that may otherwise be available in law or in equity. d. Upon the rescission, suspension or termination of this Agreement, the Subgrantee/ Subrecipient must refund to the Grantee/Recipient all funds disbursed to the Subgrantee/Subrecipient under this Agreement. e. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by the Grantee/Recipient does not relieve the Subgrantee/Subrecipient of liability to the Grantee/Recipient for the restitution of funds advanced to Subgrantee/Subrecipient under this Agreement, and the Grantee/ Recipient may set off any such funds by withholding future disbursements otherwise payable to the Subgrantee/Subrecipient under this Agreement until such time as the exact amount of restitution due the Grantee/Recipient from the Subgrantee/Subrecipient is determined. In the event that FEMA should de -obligate funds formerly allowed under this Agreement, the Subgrantee/Subrecipient must immediately repay such funds to the Grantee/Recipient. Any de -obligation of funds or other determination by FEMA must be addressed in accordance with the regulations of that Agency. If the Subgrantee/Subrecipient violates this Agreement or any statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee/Recipient must withhold any disbursement otherwise due the Subgrantee/Subrecipient for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, the Grantee/Recipient may terminate this Agreement and invoke its remedies under the Agreement as per this section. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the = Subgrantee/Subrecipient in this Agreement, in any subsequent submission r or response to the Grantee/Recipient request, or in any submission or response to fulfill the requirements of this Agreement, and such 00 information, representations, and materials are incorporated by reference. a The lack of accuracy thereof or any material changes will, at the option of the Grantee/Recipient and with fifteen (15) days written notice to the r r Q PA Funding Agreement FEMA-4283-DR-FL page 1 nfoQ Packet Pg. 233 Subgrantee/Subrecipient, cause the termination of this Agreement and the release of the Grantee/Recipient from all its obligations to the Subgrantee/ Subrecipient. 23) ATTACHMENTS. a. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. b. In the event of inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments are controlling, but only to the extent of such inconsistencies. c. All grant administrative and electronic forms not attached to this Agreement will be provided by the Grantee/Recipient as necessary or posted on the Grantee's/ Recipient's website at www.FloridaPA.org. 24) HEADINGS. a. Headings used in this Agreement are provided for the convenience of the parties only and cannot be used to construe meaning or intent. 25) GOVERNING LAW. a. This contract is governed by, and must be construed in accordance with, the laws of the State of Florida, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, are likewise governed by the laws of Florida. b. Except as may be otherwise provided for by statute, any action or proceeding, whether brought by the Grantee/Recipient or the Subgrantee/Subrecipient, relating to or arising out of this contract must be brought in Leon County, Florida and venue will lie therein. 26) ATTORNEY FEES. a. Except as may be otherwise provided for by statute, in any action arising out of this Agreement each party shall bear its own attorney's fees and costs. 27) PUBLIC ASSISTANCE ALTERNATIVE PROCEDURES. a. Should the Subgrantee/Subrecipient desire to utilize the Public Assistance Alternative Procedures provisions of the Sandy Recovery Improvement Act (Division B of P.L. 113-2), execution of a Supplemental Funding Agreement covering specific aspects of the Alternative Procedures Package is required of the Subgrantee/Subrecipient prior to the payment of such funds by the State as the Grantee/Recipient. r b. Payments processed under the Alternative Procedures provisions will be re- quested as an advance and are exempt from advance requirements covered by Section 216.181(16), Florida Statutes. They will, however, be treated as an a advance for purposes of Requests for Reimbursement (RFRs) and satisfaction of r r Q PA Funding Agreement FEMA-4283-DR-FL page 1 Packet Pg. 234 the requirement that ninety percent (90%) of previously advanced funds must be accounted for prior to receiving a second advance. 28) DESIGNATION OF AGENT. a. The Subgrantee/Subrecipient must complete Attachment "D" by designating at least three agents to execute any Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the Subgrantee/ Subrecipient. b. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. c. In the event the Subgrantee/Subrecipient contacts have not been updated regularly and all three (3) Agents have separated from the Subgrantee's/ Subrecipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FloridaPA.org may not be received and could result in failure to meet time periods to appeal a Federal determination. 29) NOTICE AND CONTACT. a. All notices required to be made to the Grantee/Recipient under this Agreement must be in writing and must be delivered by email, by facsimile, by hand, or by certified letter to the Grantee/Recipient at the following addresses: Evan Rosenberg, Bureau Chief Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Email: evan.rosenberg@em.myflorida.com. b. All notices required to be made to the Subgrantee/Subrecipient under this Agreement must be in writing and must be delivered by email, by facsimile, by hand, or by certified letter to the Subgrantee/Subrecipient at the address indicated in Attachment "D" which the Subgrantee/Subrecipient must complete and submit with this Agreement. 30) FEDERALLY FUNDED SUBAWARD a. This Agreement and the Project Worksheet (FEMA Form 90-91) combine to form a Federally Funded Subaward and Grant Agreement. b. The parties agree that the Federally Funded Subaward and Grant Agreement formed as described above should comply with the requirements of Section 215.971, Florida Statutes. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT HURRICANE MATTHEW DECLARATION (FEMA-4283-DR-FL) Federally Funded Public Assistance State Agreement IN WITNESS WHEREOF, the Grantee/Recipient and the Subgrantee/Subrecipient have executed this Agreement: FOR THE GRANTEE/RECIPIENT: PA Funding Agreement FEMA-4283-DR-FL page 2 Packet Pg. 235 DIVISION OF EMERGENCY MANAGEMENT 8.M.1.a Governor's Authorized Representative FOR THE SUBGRANTEE/SUBRECIPIENT: Date Printed Name and Title Signature DUNS Number: Federal Employer Identification Number (FEIN): or State Agency FLAIR Number: Date CFDA Number: 97.036 . Federal Fund Number 202750001 State Fund Number 202339047 Attachments: A) Statement of Assurances B) Example of Public Assistance Quarterly Report C) Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion D) Designation of Authority with Instructions E) DHS OIG Audit Issues & Acknowledgement F) Justification for Advance Payment PA Funding Agreement FEMA-4283-DR-FL page 2 Packet Pg. 236 8.M.1.a Statement of Assurances 1) The Subgrantee/Subrecipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No. A-21, A-87, A-110, A-122, and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and use of Federal funds for this federally -assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Subgrantee/Subrecipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subgrantee's/Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Subgrantee/Subrecipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. § 206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Subgrantee/Subrecipient further assures it will: a. Have sufficient funds available to meet the non -Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not it will request N a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s) for the project or undertake other activities as E until the conditions of the grant program(s) have been met, all contracts meet federal, State, and local regulations. Q c. Provide and maintain competent and adequate architectural engineering supervision and a� inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications, and will furnish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. as e. Not dispose of or encumber its title or other interests in the site and facilities during the period U of Federal interest or while the Government holds bonds, whichever is longer. _ f. Provide without cost to the United States and the Grantee/Recipient all lands, easements and r rights -of -way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, Q particularly those with whom they have family, business, or other ties. Attachment "A" Packet Pg. 237 8.M.1.a h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and ii. by complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. j. With respect to demolition activities: i. create and make available documentation sufficient to demonstrate that the Subgrantee/Subrecipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. return the property to its natural state as though no improvements had been contained thereon; iii. furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Subgrantee's/Subrecipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the appropriate County Health Department; iv. provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; V. provide supervision over contractors or employees employed by the Subgrantee/ Subrecipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. leave the demolished site clean, level, and free of debris; vii. notify the Grantee/Recipient promptly of any unusual existing condition which hampers the contractors work; viii. obtain all required permits; ix. provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; X. comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; A. comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and xii. provide documentation of public notices for demolition activities. k. Require facilities to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified. The Subgrantee/Subrecipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. Q Attachment "A" Packet Pg. 238 8.M.1.a I. Provide an Equal Employment Opportunity Program, if required to maintain one, where the application is for $500,00000 or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee/Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Subgrantee/Subrecipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property a Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. U_ b. Provisions of Federal law found at 5 U.S.C. 1501, et. se which limit certain political § q• P '' � activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and a� laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in = excess of forty hours in a work week. LO f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the M minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. o N g. Anti -Kickback Act of 1986, which outlaws and prescribes penalties for "kick -backs" of wages in federally financed or assisted construction activities. E h. Requirements imposed by the Federal sponsoring agency concerning special requirements a) of law, program requirements, and other administrative requirements. It further agrees to Q ensure that the facilities under its ownership, lease or supervision which are utilized in the c accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any Ui communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act �a of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in c communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been 3 identified by the Secretary of the Department of Housing and Urban Development as an area = having special flood hazards. The phrase "Federal financial assistance" includes any form of r loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. j. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance c E as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA Q provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The state's insurance commissioner cannot waive Attachment "A" Packet Pg. 239 8.M.1.a Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Subgrantees/ Subrecipients and contractors. Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead -Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations; and Department of Justice regulations on disability discrimination, and assure the compliance of all its Subgrantees/Subrecipients and contractors. p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964 (P.L. 83-352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee/Subrecipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Subgrantee/Subrecipient, this assurance shall obligate the Subgrantee/Subrecipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; Q Attachment "A" Packet Pg. 240 8.M.1.a iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. U. The provisions of all Executive Orders including but not limited to: i. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/ termination, rates of pay or other forms of compensation; and election for training and apprenticeship. ii. EO 11514 (NEPA). iii. EO 11738 (violating facilities). iv. EO 11988 (Floodplain Management). v. EO 11990 (Wetlands). vi. EO 12898 (Environmental Justice). 5) For Grantees/Recipients other than individuals, the provisions of the DRUG -FREE WORKPLACE as required by the Drug -Free Workplace Act of 1988. This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Subgrantee/Subrecipient by FEMA. The Subgrantee/Subrecipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Subgrantee/Subrecipient, its successors, transferees, and assignees FOR THE SUBGRANTEE/SUBRECIPIENT: Signature Printed Name and Title Date a+ Q Attachment "A" Packet Pg. 241 8.M.1.a Public Assistance Quarterly Report Available for Each Subgrantee/Subrecipient on www.FloridaPA.org Qu%rte,r# Re part � d tea 5L& nb&wrtb Ovar"L aV4&ea aM1a QWart' FmV ThW OwY rd'.__ an""'w k... 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G afir ' tlC�±iLY+Fi; � i�SftaY �F'f' C t1�rd • ty`�.__._.r��•.._yaY P�+ar lanfr K'aM1 WiC{'jJL�+TYY a'iY{OM1r�•ha lY¢ta� r Tkm.._ _ _ ' 2'ra�,tq�ia -Ci'kt��iaaaFagyarhr dr�u�atua v Packet Pg. 242 8.M.1.a Attachment "B" Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Subcontractor Covered Transactions: The prospective subcontractor of the Subgrantee/Subrecipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (Where the Subgrantee's/Subrecipient's subcontractor is unable to certify to the above statement, the prospective subcontractor must attach an explanation to this form.) SUBCONTRACTOR: Name of Company Street Address City, State, Zip Federal Employer Identification Number (FEIN) Signature Date Printed Name Subgrantee's/Subrecipient's Name Packet Pg. 243 8.M.1.a Attachment T" DESIGNATION OF AUTHORITY (AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub -Grantee: Box 1: Authorized Agent (Full Access) Box 2: Primary Agent (Full Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 3: Alternate Agent (Full Access) Box 4: Other-Finance/Point of Contact (Full Access) Agent's Name Official's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 5: Other -Risk Mgmt-Insurance (Full Access) Box 6: Other -Environmental -Historical (Full Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address r O a+ C d E t V R a+ a+ Q Packet Pg. 244 8.M.1.a The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Subgrantee for the purpose of obtaining certain Grantee and federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93-288 as amended) or otherwise available. These agents are authorized to represent and act for the Sub -Grantee in all dealings with the State of Florida, Grantee, for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub -grantee. Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. Sub -Grantee Authorized Agent Signature Date Attachment "D" page 1 of 2 DESIGNATION OF AUTHORITY (AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub -Grantee: Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent's Name Official's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address 00 c m E t v cv r r Q Packet Pg. 245 8.M.1.a City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Sub -Grantee's Fiscal Year (FY) Start: Month: Day: Sub -Grantee's Federal Employer's Identification Number (EIN) - Sub -Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub -Grantee's: FIPS Number (If Known) - - NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover. Updates may be made by email to the state team assigned to your account. A new form will only be needed if all authorized representatives have separated from your agency. Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace, not supplement, the contacts on the previous list. REV. 10-04-16 DISCARD PREVIOUS VERSIONS Attachment "D" page 2 of 2 00 a+ C d E t V R a+ a+ Q Packet Pg. 246 8.M.1.a The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Subgrantee's/Subrecipient's Primary Agent and Alternate Agent to access the FloridaPA.org system in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachment "D" to the PA Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FloridaPA.org Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their account will lock them out. Each user must log in within a 60-day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign M legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this person will have full access/authority unless otherwise requested). 0 N Block 2: "Primary Agent" — This is the person designated by your organization to receive all correspondence r_ and is our main point of contact. This contact will be responsible for answering questions, uploading documents, E and submitting reports/requests in FloridaPA.org. The Primary Agent is usually not the Authorized Agent but L should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is Q allowed and this contact will have full access). v, c c Block 3: "Alternate Agent" — This is the person designated by your organization to be available when the Primary U_ is not. (Only one Alternate Agent is allowed and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management -Insurance, and 2 EnvironmentalHistorical). Providing these contacts is essential in the coordination and communication required between state and local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with 3 the correct individuals. _ is r Block 7 —12: "Other" (Read Only Access) — There is no limit on "Other" contacts but we ask that this be restricted :� to those that are going to actually need to log in and have a role in reviewing the information. This designation ro is only for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take E any action in FloridaPA.org. r r Q Attachment "D" IPacket Pg. 247 Instr Dill OIG AUDIT ISSUES & ACKNOWLEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where Grantees/Recipients or Subgrantees/Subrecipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small, minority, and women's owned firms were all given fair consideration. 4. Improper "cost -plus -a -percentage -of -cost" contracting practices. The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG-16-109-D dated July 1, 2016. The following may be reasons for the disallowance or total deobligation of funding given under the FEMA/State agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. Attachment "E" Packet Pg. 248 8.M.1.a • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.) that can be readily retrieved. • Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate FEMA project with that amount. • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs (Federal Highways, Housing and Urban Development, etc.) and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the "Scope of Work." I acknowledge that I have received a copy of, and have been briefed on, the above DHS OIG Audit Issues f" Subgrantee/Subrecipient Date BY Signature Printed Name and Title JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. Attachment "F" IPacket Pg. 249 8.M.1.a ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three Months of (list applicable line items) Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) Attachment "G" IPacket Pg. 250 8.M.2 ITEM NO. (ID # 4200) DATE: 03/07/2017 AGENDA REQUEST *CONSENT AGENDA\PUBLIC SAFETY TO: Board of County Commissioners PRESENTED BY: Ron Parrish, Public Safety Director SUBMITTED BY: Public Safety SUBJECT: Rim Ditch Tower Agreement BACKGROUND: If approved, a negotiated release of the contract between American Tower Corporation and SLC BOCC for the use of a tower site located at 2723 Rim Ditch. This agreement was initially reached in 2000 for a tower located 2723 Rim Ditch, as identified. The lease had (4) five year renewals, in which the last one renewed was in January of 2015. This was likely renewed because the need existed with the current 800 MHz radio system, not being exactly sure when the new P- 25 800 MHz radio system would come on board, an agreement was reached that would take it out to February of 2020. This agreement had an escalating CPI clause of a minimum 5% or the CPI which ever was greater. Over the rest of the existing agreement it was calculated to be $124,112.00 as well, American Tower had done an audit dating back to 2011 through 2015 whereby they determined that they had failed to apply the CPI/5% to the agreement throughout those years, that amount equated to $29,219.42 whereas the combination of the expense equated to $153,391.42. American Towers requested the $29,219.42 to be paid immediately, and going with the contract we would continue to pay our monthly cost of approximately $3,300.00 monthly escalating 5% annually through February 2020. The County is no longer in need of this tower site. With the new radio system, as well as, the tower site in western Port St. Lucie this site is obsolete. After working with American Tower to find a resolution, we have been able to come to terms that relieves the County of the contractual agreement, as well as, the contractual adjustment from 2011 through 2015. In working with legal, as well as the Office of Management and Budget, it was determined that if a proposal of $100,000.00 was acceptable this would benefit the county. An offer was provided and accepted with the terms and condition as needed by both parties. The amount of the proposal is $100,000.00 to be paid by March 31, 2017 relieving St. Lucie County of all responsibilities of this contract as well as the past CPI claims. This provides a savings of $53,391.42. PREVIOUS ACTION: January 25, 2000 original contract #C00-01-171. Fiscal Year 2016-2017 Purchase Order #P1700234. FINANCIAL IMPACT: Packet Pg. 251 Sufficient funds will be made available in account string #107003-2120-549990-200 (Miscellaneous Expenses) to pay for the $100,000 settlement with American Tower Corp. for the back -due charges plus he next three (3) fiscal year's contractual obligations. RECOMMENDATION: Staff recommends approval of agreement and settlement. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, co my ttorney 3/7/2017 17 ��TdW< De ro Administrator 3/7/2017 Updated: 3/7/2017 1:37 PM by Katrina Slay Page 2 Packet Pg. 252 8.M.2.a BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Safety - Central Communications - 800 MHz PREPARED DATE: 2/27/2017 AGENDA DATE: 3/7/2017 ACCOUNT NUMBER TO: 107003-2120-549990-200 FROM: 107003-2120-546000-200 ACCOUNT NAME AMOUNT Miscellaneous Expenses $100,000 ent Maintenance $100,000 REASON FOR BUDGET AMENDMENT: Transfer funds to pay for the $100,000 offer settlement to American Tower Corp for the back -due charges plus the next three (3) fiscal year's contractual obligations. RESERVE BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: BA17-003 Packet Pg. 253 8.M.2.b THIS SETTLEMENT AND RELEASE AGREEMENT (this "Agreement") is made as of the latter signature date hereof (the "Execution Date") by and between American Tower, L.P., a Delaware limited partnership, on behalf of itself and its affiliates and subsidiaries (collectively, "Lessor"), and St. Lucie County, a political subdivision of the State of Florida ("Lessee"). RECITALS A. Lessor and Lessee entered into that certain Tower Site Sublease Agreement dated January 25, 2000 (the "Lease") whereby Lessor leased to Lessee certain tower space owned by Lessor and certain ground or building space owned or leased by Lessor, located on the portion of the property located at 27000 Okeechobee Road, Fort Pierce, FL 34945-5010; Lat. 27-22-1.189992 N, Long. 80-36-39.710016 W (the "Site"). The Lease is identified by Lessor as agreement number SE014314. The tower site is identified by Lessor as tower 2723/Rim Ditch; and B. The Lease was extended until February 28, 2020; and C. The Lease provided for an increase equal to the CPI index. This amount was not included in the invoice sent to the Lessee; and D. Lessee desires to terminate the Lease prior to the date prescribed in the Lease and Lessor agrees to terminate so long as Lessee remits the Settlement Payment, as defined hereafter, and removes its equipment from the Site. NOW, THEREFORE, in consideration of the payments and mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The parties agree that the foregoing Recitals are true and correct and by this reference incorporated into this Agreement. 2. Settlement Payment. Lessee shall pay to Lessor the amount of One Hundred Thousand and 00/100 Dollars ($100,000.00) which must be received by Lessor on or before March 31, 2017 (the "Settlement Payment"). The Settlement Payment is to be made by made by check, with sufficient funds, made payable to American Towers LLC and delivered via Federal Express to the following address: 10 Presidential Way, Woburn, MA 01801, Attn: Parag Gandbhir. TIME BEING OF THE ESSENCE. If Lessee fails to remit the Settlement Payment on the date set forth above, Lessor may elect to declare this Agreement null and void ab initio upon written notice to Lessee if the failure to remit the Settlement Payment, or any portion thereof, is not cured within five (5) business days after Lessee's receipt of written notice from Lessor of such failure. 3. Terminated Lease. The Lease will terminate on March 31, 2017 (the "Effective Date") subject to Section 4 of this Agreement. Lessee acknowledges that Lessee surrendered any and all rights granted under the Lease to Lessee in accordance with the provisions of the Leases except as hereinafter provided. 4. Removal of Lessee's Equipment. Lessee shall remove its equipment from the Site on or before March 31, 2017 (the "Equipment Removal Deadline"). In connection with the removal of Lessee's Release and Settlement Agreement St. Lucie County, FL— ATC Page 1 of 4 Packet Pg. 254 8.M.2.b equipment, Lessee shall: (1) remove all equipment from the Site at Lessee's sole risk, cost and expense; (2) deliver the Leased space in substantially the same and in as good a condition as received (ordinary wear and tear excepted); and (3) repair any damage caused by the removal of the equipment within ten (10) days of the occurrence of such damage. As of the Effective Date any of Lessee's equipment remaining on the Site shall be deemed conclusively and absolutely abandoned by Lessee and anyone claiming by, through, or under Lessee. Lessor shall have the right to remove all Lessee's equipment at Lessee's sole expense and dispose of such equipment in any manner Lessor so elects, and Lessee shall reimburse Lessor for its expenses relating to such removal and disposal within ten (10) days of Lessee's receipt of Lessor's demand without off -set. If Lessee fails to remove its equipment by the Effective Date, notwithstanding the foregoing, Lessor may elect to declare this Agreement null and void ab initio. 5. Release. As of the Effective Date, Lessor and Lessee, for themselves and on behalf of their respective subsidiaries, divisions, affiliates, officers, directors, agents, employees, constituent partners, members, managers, representatives, successors and assigns, hereby unconditionally, irrevocably and forever release and discharge the other and the other's subsidiaries, divisions, affiliates, officers, directors, employees, agents, constitute partners, members, managers, representatives, predecessors, successors and assigns from any and all claims, causes of action, suits, torts, contracts, damages and demands of whatsoever kind or nature, in law or in equity, statutory or common law, known or unknown, foreseen or unforeseen arising out of or resulting from the Lease. The parties hereby acknowledge that effective upon: (1) payment by Lessee to Lessor of the Settlement Payment and (2) the removal of Lessee's equipment by the Equipment Removal Deadline, neither party is any longer indebted to the other for any rent, fees, refunds or other payments of any type pursuant to the Lease. THE FOREGOING RELEASE SHALL NOT INCLUDE (1) THE PARTIES' OBLIGATIONS, REPRESENTATIONS, INDEMNITIES, WARRANTIES AND COVENANTS AS SET FORTH IN THIS AGREEMENT, AND (2) THE PARTIES' OBLIGATIONS, REPRESENTATIONS, INDEMNITIES, WARRANTIES AND COVENANTS UNDER THE LEASE WITH RESPECT TO ENVIRONMENTAL MATTERS AND HAZARDOUS MATERIALS OR WASTES, ALL OF WHICH SHALL SURVIVE THE EXECUTION OF THIS AGREEMENT AND THE TERMINATION OF THE LEASE. 6. Lease Transfer. Lessee represents and warrants to Lessor that it has not made any assignment, transfer, conveyance or other disposition of the Lease or any interest therein. 7. Benefit and Burden. All the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns, whether so expressed or not. 8. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart shall be deemed an original. 9. Governing Law. This Agreement and all transactions contemplated by the Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Florida without regard to its conflicts of laws provisions and any such action to enforce the provisions of this Agreement will be brought in a court of competent jurisdiction in the of Florida 10. Survivorship. All covenants, agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement. 11. Complete Agreement; Non -Admission; Non -Reliance. It is understood and agreed that this Agreement represents and constitutes a full and final settlement with respect to the subject matter hereof Release and Settlement Agreement St. Lucie County, FL— ATC Page 2 of 4 Packet Pg. 255 8.M.2.b and of all liabilities claimed and denied to the extent provided herein and nothing in this Agreement should be construed as an admission of liability, obligation, or wrongdoing whatsoever by any party. This Agreement supersedes any prior verbal or written communications, agreements or understandings with respect to the subject matter hereof, whether oral or written. The provisions of this Agreement may not be amended, supplemented, waived or changed orally or by the acts of a party, but only in writing signed by both parties. In connection with entering this Agreement, Lessee and Lessor hereby disclaim any reliance or any representations allegedly made by each other. Lessee and Lessor acknowledge that they have entered into this Agreement solely based on their own analysis, with input from their own attorneys. 12. Authority. Each person signing this Agreement represents and warrants to the other party that he or she has full power and authority, in the capacity indicated below, to execute and deliver this Agreement and to bind the party on the behalf of which he or she is signing. The parties represent to each other that they have full power and all requisite authority to execute and perform this Agreement and to perform the obligations under this Agreement. Each party agrees to execute and deliver all documents and to perform all further acts as may be reasonably necessary to carry out the provisions of this Agreement. 13. Electronic Copies. The parties agree that a scanned or electronically reproduced copy or image of this Agreement shall be deemed an original and may be introduced or submitted in any action or proceeding as a competent evidence of the execution, terms and existence hereof notwithstanding the failure or inability to produce or tender an original, executed counterpart of this Agreement and without the requirement that the unavailability of such original, executed counterpart of this Agreement first be proven. THE UNDERSIGNED HAVE HAD THE FULL, COMPLETE AND UNRESTRICTED RIGHT TO HAVE EACH AND EVERY PARAGRAPH, TERM AND/OR PROVISION OF THIS AGREEMENT AND EACH AND EVERY RESULT AND CONSEQUENCE OF ITS EXECUTION BY THE UNDERSIGNED FULLY EXPLAINED TO THE UNDERSIGNED BY COMPETENT AND EXPERIENCED LEGAL COUNSEL SELECTED AND RETAINED SOLELY BY THE UNDERSIGNED. NO PROVISION IN THIS AGREEMENT IS TO BE INTERPRETED FOR OR AGAINST ANY PARTY BECAUSE THAT PARTY OR ITS LEGAL COUNSEL DRAFTED SUCH PROVISION. THE UNDERSIGNED FULLY UNDERSTANDS THIS AGREEMENT, FULLY, FREELY AND VOLUNTARILY AGREES TO AND ACCEPTS EACH AND EVERY PARAGRAPH, TERM AND/OR PROVISION CONTAINED IN IT, AND FULLY, FREELY AND VOLUNTARILY AGREES TO AND ACCEPTS IT AS BINDING UPON THE UNDERSIGNED FOR ANY AND ALL PURPOSES WHATSOEVER. [Signatures appear on following page.] Release and Settlement Agreement St. Lucie County, FL— ATC Page 3 of 4 Packet Pg. 256 8.M.2.b IN WITNESS WHEREOF, the parties hereto have set their hands the day and year as written below. ATTEST: CLERK WITNESSES: Release and Settlement Agreement St. Lucie County, FL— ATC Page 4 of 4 LESSEE: LESSEE: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY LESSOR: American Tower, L.P. By: ATC GP Inc., its Sole General Partner By: Print Name: Title: Packet Pg. 257 8.N.1 ITEM NO. (ID # 4158) TO: PRESENTED BY: SUBMITTED BY: ci irtirrT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Patrick Dayan, Water Quality Manager Water Quality/Stormwater Division Melville Road Master Drainage Plan DATE 03/07/2017 *CONSENT AGENDA\PUBLIC WORKS The Melville Road drainage area comprises an approximately 175 acre residential neighborhood in White City that drains to the North Fork of the St. Lucie River. The drainage area is bounded by West Midway Road, U.S Route 1, Ulrich Road and Oleander Avenue. The roads within this area are milled, chip sealed or paved and have limited drainage conveyances and no detention ponds for water quality treatment or flood attenuation. A portion of the study area along Melville Road has no positive drainage outfall and floods during heavy rains. Water quality of the runoff from this area is poor and contains debris, sediment and contaminants such as oil, grease, nutrients and pesticides which are deposited into St Lucie County's natural surface water bodies. The Florida Department of Environmental Protection (FDEP) has established a Total Maximum Daily Load (TMDL) and adopted a Basin Management Action Plan (BMAP) which includes this area. In 2014, staff contracted with Bowman Consulting, who completed a conceptual drainage study in August 2016. A land budget analysis indicates that a minimum of 13.3 acres are necessary to provide water quality and quantity treatment for the overall neighborhood. A pond parcel survey was performed to identify potential stormwater treatment area sites. The Property Acquisition Division sent out willing seller letters in September of 2016. Several willing sellers have contacted the County with interest but funding to acquire appropriate parcels is constrained. The additional funding to purchase parcel(s) will allow for the first phase of the neighborhood to progress with full engineering design. The future construction of the project will progress the County towards meeting the mandated nutrient load reduction allocation for the St. Lucie River BMAP. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Packet Pg. 258 8.N.1 Sufficient funds are available in Stormwater MSTU fund account 102001-3725-563000-123600 and 102001-4115-563000-144615 for the Melville Road Stormwater Master Plan RECOMMENDATION: Staff recommends Board approval to increase project funding in the amount of $250,000.00 for land acquisition and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures 'Z!�t - J [ on West, Public Works Director T017 f 4aW,VS�.MCd'lntYrMe,,tyorney 2/17/2017 h y burn,Offi e e Budget Director 2/23/2017 d De un Administrator 2/23/2017 Updated: 2/23/2017 3:53 PM by Katrina Slay A Page 2 Packet Pg. 259 e1 dw L . 11 ISO b' 1■ ■ OMNI a 1 MEMO - 3 I- � Bowman Consulting Group, Ltd Inc. 301 SE (772)2n-14 Bowman Suite 301, Stuart, FL 349 PM1one' (7]212e3-1413 F— (a 2) 220-7881 C O N S U L T I N 6 —.bowmanconsuPong.com Professional Engineers, Certificate of Authorization License No. 30462 ® Bowman consunlne croup, Lm. Professional Surveyors and Mappers, Certificate License No. LB. 8030 DATE 07/19/16 5 - = - POTENTIAL POND PARCELS PROJECT NO. MELVILLE DRAINAGE STUDY 010246-01-OLI SCALE: 1"=800' • R I D A St. Lucie County , F Packet Pg. 260 8.N.1.b BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT PREPARED DATE: AGENDA DATE: ACCOUNT NUMBER TO: 102001-3725-563000-123600 FROM: 102001-4115-563000-144615 Public Works 2/15/2017 3/7/2017 ACCOUNT NAME AMOUNT Infrastructure $250,000 Infrastructure $250,000 REASON FOR BUDGET AMENDMENT: Per Agenda ID #4158: The additional funding to purchase parcel(s) will allow for the first phase of the neighborhood to progress with full engineering design. The future construction of the project will progress the County towards meeting the mandated nutrient load reduction allocation for the St. Lucie River BMAP. RESERVE BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: N/A $250,000 N/A BA17-002 Packet Pg. 261 8.N.2 ITEM NO. (ID # 4144) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Kyle Croce, Port Engineer Port DATE: 03/07/2017 *CONSENT AGENDA\PUBLIC WORKS North 2nd Street Change Order No. 21 and Change Order No. 22 with Mancil's Tractor Service, Inc. The North 2nd Street Improvement Project involves a partnership between the Florida Department of Transportation (FDOT), the City of Fort Pierce, Fort Pierce Utilities Authority (FPUA), and St. Lucie County. North 2nd Street is the primary access road into the Port of Fort Pierce Operations Area. The road provides access to most of the existing business located at the Port, as well as access to the undeveloped vacant properties. North 2nd Street is a City -owned and maintained right-of-way. The underground utilities are owned and maintained by FPUA. The Project involves total reconstruction of the North 2nd Street, including relocation and upgrading of all existing utilities and construction of a new stormwater management system. The road construction will include new pavement, curb and gutter, sidewalks, stormwater collection system, detention ponds, landscaping and street lights. The utilities to be upgraded include water mains, sanitary sewer system, sewer lift stations, natural gas mains, and electrical systems. A Second Street Interlocal Agreement was approved on June 3, 2014, that identifies the responsibilities of each entity involved in the partnership. St. Lucie County is administering the construction contract and the grant contracts. The City of Fort Pierce is administering and funding the Consultant Engineering Inspection Services (CEI) for inspection and certification of the roadway and drainage work during construction. Fort Pierce Utilities Authority is providing construction, inspection, and certification of the utility construction. The attached contractor's change orders involve additional work that was required to accomplish the necessary work, and continue with the ongoing construction efforts. Below describes the change order number, a brief description of the work, the estimated cost, and the partner or agency that is fiscally responsible for the change order: Packet Pg. 262 8.N.2 Change Order No. 21 is for modifications to the water main connection & services, conflict structures, additional vent pipes at the FEC crossing, and for the removal of existing utility pipes, which is the fiscal responsibility of FPUA. The cost of Change Order No. 21 is $99,708.13. Change Order No. 22 is for maintenance of the silt fence and turbidity barriers, and for additional maintenance -of -traffic efforts required for a bypass during work in front of Inlet Fisheries. It is also for additional work required for adjusting structures, sidewalks, driveways, ramps, curbing and inlets to the correct final grade, and for additional fiber mesh concrete and additional geo-grid for the roadway, which is the fiscal responsibility of SLC and FDOT. The cost of Change Order No. 22 is $63,384.55. The identified changes above are required for continuation of construction and the issues were not known and/or not identified during the design phase of the project. The cost for the change orders were calculated based on the additional labor and materials incurred for these efforts and minor additional supervision and oversight that was required. Calculating the hourly cost of labor transportation and cost of materials, along with an additional 1.5% bond for the work, results in the total amount requested for these change orders to be $163,092.68. $99,708.13 paid by FPUA $63,384.55 paid by SLC and FDOT PREVIOUS ACTION: September 17, 2013 - Board approval of Work Authorization No. 4 with Taylor Engineering for preparation of landscape plans and bid specifications for North 2nd Street in the amount of $123,316.44 June 3, 2014 - Board approval of North 2nd Street Interlocal Agreement for Infrastructure Improvements November 18, 2014 - Board approval to award Bid No. 14-056 to Mancil's Tractor Service, Inc., in the amount of $5,805,148.13 February 3, 2015 - Board acceptance of additional funds from FDOT and approval of Budget Resolution establishing the funds from Supplemental No. 2 to JPA with FDOT in the amount of $542,500 December 15, 2015 - Board approval of Change Order No. 5 & No 6 for North Second Street Road Improvements in the amount of $27,200.53. February 9, 2016 - Board approval of Change Order #7 in the amount of $16,285.68. March 15, 2016 - Board approval of Change Order #8 in the amount of $164,389.03, and Change Order #9 in the amount of $7,628.05. May 17, 2016 - Board approval of Change Order No. 10 in the amount of $8,435.45, and Change Order No. 11 in the amount of $24,103.72. June 21, 2016 - Board approval of Change Order No. 12 in the amount of $12,281.50. updated: 3/1/2017 11:39 AM by Katrina Slay Page 2 Packet Pg. 263 8.N.2 August 16, 2016 - Board approval of Change Order No. 13 in the amount of $4,489.46, and Change Order No. 14 in the amount of $1,476.83. October 4, 2016 - Board approval of Change Order No. 15 in the amount of $13,426.38, and Change Order No. 16 in the amount of $9,589.62. November 1, 2016 - Board approval of Change Order No. 17 in the amount of $37,790.43, and Change Order No. 18 in the amount of $678.53. December 6, 2016 - Board approval of Change Order No. 19 in the amount of $8,964.71. December 20, 2016 - Board approval of Change Order No. 20 in the amount of $114,032.16. FINANCIAL IMPACT: Funds are available in the Port Budget Fund No.140376-4315-563000-46502 and 140376-4315-563009- 46502. RECOMMENDATION: Staff recommends Board approval of St Lucie County's Change Order No. 21 and Change Order No. 22 with Mancil's Tractor Service, Inc. in the amount of $163,092.68, and authorization for the Chairman to execute the change order as approved by the County Attorney. COMMISSION ACTION: updated: 3/1/2017 11:39 AM by Katrina Slay Page 3 Packet Pg. 264 8.N.2 Coordination/Signatures Tna 71� W_ Con We t, Public Works Directo 017 `I 4aniefS."McIntyre,torney 2/23/2017 h y burn, off e e eudgetDirector 2/23/2017 17 d De noun Administrator 2/24/2017 Updated: 3/1/2017 11:39 AM by Katrina Slay Page 4 Packet Pg. 265 8.N.2.a Mancil's Tractor Service, Inc. Earthwork, Roadways, StornJ Drain & Underground Utilities 8530 SW Jayne Way, Pahn City, FL 34990 O9ice (772) 288-0951 Fax (772) 298-0983 CHANGE ORDER #21 ADDITIONAL LATERAL & SERVER SERVICE CHANGES FOR FPUA DATE: 11/18/2016 PROJECT JI 14-056 PREPARED BY: SUE/MJD BID TO: ST LUCIE COUNTY PUBLIC WORKS CONTACT: DON WEST PHONE: (772) 462-1485 EMAIL: WeStd(c'�StIUCIeCO.OTQ WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER TO PERFORM THE REQUESTED ADDITIONAL SERVICES AS LISTED BELOW. ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL DETERMINE LIVE LATERAL & PLUG DEAD LATERAL 1 FULL CREW TIME FOR DETERMINING LIVE LATERAL AND PLUGGING DEAD LATERAL (10/03/2016) (STA 9+60) 1.00 HR $ 437.50 $ 437.50 SEAL 6" CLAY SEWER STRUCTURE SUB TOTAL $437.50 2 LABOR CREW TO SEAL 6" CLAY SEWER SERVICE (10/19/2016) (STA 12+60) 0.50 HR $ 250.00 $ 125.00 PLUG BOTH ENDS OF UNKNOW 4" CLAY PIPE SUB TOTAL $125.00 3 LABOR CREW (STA 10+31) (10/10/2016) 1.00 HR $ 312.50 $ 312.50 SEAL UNKOWN 6" CLAY PIPE SUBTOTAL $312.50 4 LABOR CREW (STA 13+30) (10/18/2016) 1 0.50 1 HR $ 312.50 1 $ 156.25 10" SEWER CONNECTION SUB TOTAL 1 $156.25 5 UPGRADE COST FOR 10" SEWER FROM CONTRACT COST OF 8" SEWER 137.0 LF $ 4.00 $ 548.00 6 ICHANGE MH OPENING AND BOOT FOR A 10" PIPE 1.0 LS $ 75.00 $ 75.00 7 ICHANGE FROM A 8" FERNCO TO A 10" FERNCO 1.0 LS $ 25.00 $ 25.00 SUB TOTAL $648.0; TOTAL $1,679.25 5 ADDITIONAL BOND (1.5%) 1 1.00 1 LS Is 25.19 $ 25.19 TOTAL $1,704.44 ADDITIONAL CONTRACT DAYS REQUIRED 1 0.0 NOTE: THIS CHANGE ORDER IS ONLY FOR THE BASE BID LINE ITEMS FOR F CURB AND F CURB REINFORCED. AS DISCUSSED, WE BELIEVE THAT THE BASE BID TABULATION QUANTITIES INLCUDE THE LENGTHS OF CURB REQUIRED UNDER THE ALTERNATE A SECTION. FINAL BILLING WILL BE DONE ACCORDING TO FINAL FIELD MEASURES AND ANY OVERUN CAN BE ADJUSTED BY FUTURE CHANGE ORDER. IF NEEDED. TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECFTO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON R. MANCIL, JR. Page 1 of 1 ACCEPTED BY: NAME: TITLE: DATE: Packet Pg. 266 f4011 Fr uA ;&7�11EDI PLO 04 04 Tjq rx U) C14 j 0 z IV T2� O t5 F Cu N '6 Ze iyg CX� Z-A I Packet Pg. 267 8.N.2.a FULL. CREW: UNDERGROUND CREW TIME IS BASED ON A 6 MAN CREW FOR 8 HOURS AT $3,500 PER DAY WITH TRACK HOE AND LOADER USE BUT NOT INCLUDING DEWATERING. IF THE WORK REQUIRES DEWATERING ABOVE THAT WHICH WAS CONTRACT WORK, THE COST IS $4,000 PER DAY. � PARTIAL CREW: UNDERGROUND CREW TIME IS BASED 3 MAN CREW FOR 8 URS AT $3,000 PER TH WAS CO TRACT WORK, HOE AND LOAER USE BUT COT I IS $3D NG PD R DAY.RING ONI THE WORK REQU R SO EWAT RING ABOVETHATI WHICH TRACK LABOR CREW: UNDERGROUND CREW TIME IS BASED ON A 3 MAN CREW FOR 8 HOURS AT $2,000 PER DAY WITH NO EQUIPMENT BUT NOT INCLUDING DEWATERING. IF THE WORK REQUIRES DEWATERING ABOVE THAT WHICH WAS CONTRACT WORK THE COST IS $2,500 PER DAY. TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON R. MANCIL, IR. Page 1 of 1 ACCEPTED BY: NAME: TITLE: DATE: Packet Pg. 268 8.N.2.a Jf "t M and I's Tractor Servi cue, I na46 Earthwork, Roadways 3orm Drain & Underground Utilities 8530 SW Jayme- Way, Palm City, FL -74990 Office (772) 288-0951 Fax (772) 288-0983 CHANGE ORDER #21 ADDITIONAL, LATERAL & SEWER SERVICE CHANGES FOR FPUA DATE: 11/1/2016 BID TO: ST LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS CONTACT: DON WEST PROJECT It 14-056 PHONE: (772) 462-1485 PREPARED BY: SUE EMAIL: westd(d)stlucieco.org WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER TO PERFORM THE REQUESTED ADDITIONAL SERVICES AS LISTED BELOW. ( ITEM T_=- --- _--ym--DESCRIPTIONY QTY 1 UNIT UNITCOST g� Y TOTAL DETERMINE LIVE LATERAL & PLUG DEAD LATERAL 1 FULL CREW TIME FOR DETERMINING LIVE LATERAL AND PLUGGING 1 1.00 HR $ 437.50 $ 437.50 DEAD LATERAL (10/03/2016) (STA 9+60) SUB TOTAL $437.50 SEAL 6" CLAY SEWER STRUCTURE 2 LABOR CREW TO SEAL 6" CLAY SEWER SERVICE (10/19/2016) (STA 0.50 $ 250.00 $ 125.00 12+60) 1 Lq SUBTOTAL 1 $125.00 TOTAL $562.50 3 ADDITIONAL BOND (1.5%) 1.00 1 LS Is 8.44 1 $ 8.44 TOTAL $570.94 ADDITIONAL CONTRACT DAYS REQUIRED I0.0 NOTE: THIS CHANGE ORDER IS ONLY FOR THE BASE BID LINE ITEMS FOR F CURB AND F CURB REINFORCED. AS DISCUSSED, WE BELIEVE THAT THE BASE BID TABULATION QUANTITIES INLCUDE THE LENGTHS OF CURB REQUIRED UNDER THE ALTERNATE A SECTION. FINAL BILLING WILL BE DONE ACCORDING TO FINAL FIELD MEASURES AND ANY OVERUN CAN BE ADJUSTED BY FUTURE CHANGE ORDER. IF NEEDED. TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON R. MANCIL, JR. Page 1 of 1 ACCEPTED BY: NAME: TITLE: DATE: Packet Pg. 269 8.N.2.a and 's T ra&ux &Tvo ce, � na Earthwork, Roadway$ Storm Drain & Underground Utilities 8530 SWJaymeWay, Palm City, FL 34990 Office (772) 288-0951 Fax (772) 288-0983 CHANGE ORDER P,22 ADDITIONAL SERVICES DATE: 11/1/2016 / CBID TO: ST LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS ' CONTACT: DON WEST PROJECT#14-056 F) +lJ PHONE: (772)462-1485 PREPARED BY: SUE � (� EMAIL: WeStd(a)StIUCIeco.Orq l WE RESPECTFULLY SUBMIT THE,FQLLOWING CHANGE ORDER TO PERFORM THE REQUESTED ADDITIONAL SERVICES AS LISTED BELOW. f ITEM DESCRIPTION CITY I UNIT I UNIT COST I TOTAL BOTH ENDS OF UNKNOW 4" CLAY PIPE 1 LAB R CREW (STA 10+31) (10/10/2016) 1.00 1 HR 1 $ 312.50 1 $ 312.50 SEA UNKOWN 6" CLAY PIPE 2 OR CREW (STA 13+30) (10/18/2016) 0.50 1 HR 1 $ 312.50 $ 156.25 REPAIR DAMAGED SILT FENCE AT STOCKPILE 3 373' LF SILT FENCE (10/17/2016) 1 373.00 1 LF 1 $ 1.50 $ 559.50 MAINTENANCE OF TRAFFIC FOR AT&T POLE @ INLET FISHERIES 4 MOT CONE RENTAL (30 CONES/DAY X $0.33 EACH) 5.00 DAYS $ 9.90 1 $ 49.50 5 ISINGLE LABORER TO SET UP MOT (1/2 HOUR/DAY X 5 DAYS) 2.50 HR $ 40.00 1 $ 100.00 CONSTRUCT BYPASS FOR AT&T POLE 0 INLET FISHERIES 6 LOADER W/OPERATOR 3.00 HR $ 90.00 $ 270.00 7 GRADER W/OPERATOR 3.00 HR $ 85.00 $ 255.00 8 ROLLER W/OPERATOR 3.00 HR $ 70.00 $ 210.00 9 MILLINGS 1.00 LD $ 400.00 $ 400.00 SUBTOTAL $2,312.75 TOTAL $2,312.75 10 JADDITIONAL BOND (1.5%) 1 1.00 1 LS Is 34.69 1 $ 34.69 TOTAL $2,347.44 ADDITIONAL CONTRACT DAYS REQUIRED I1.0 NOTE: THIS CHANGE ORDER IS ONLY FOR THE BASE BID LINE ITEMS FOR F CURB AND F CURB REINFORCED. AS DISCUSSED, WE BELIEVE THAT THE BASE BID TABULATION QUANTITIES INLCUDE THE LENGTHS OF CURB REQUIRED UNDER THE ALTERNATE A SECTION. FINAL BILLING WILL BE DONE ACCORDING TO FINAL FIELD MEASURES AND ANY OVERUN CAN BE ADJUSTED BY FUTURE CHANGE ORDER. IF NEEDED. TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON R. MANCIL, JR. Page 1 of 1 ACCEPTED BY: NAME: TITLE: DATE: Packet Pg. 270 8.N.2.a Manca0°s Tractor Service, Inc. J Earthworl<, Roadways, Storm Drain & Underground Utilities 8530 SW Jayme Way, Palm City, FL 34990 Office (772) 288-0951 Fax (772) 288-0983 CH AHGE ORDER ;'�-P'23 DATE: 10/28/2016 PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS PROJECT It 14-056 PREPARED BY: MJD i 811) TO: ST LUCIE COUNTY PUBLIC WORKS CONTACT: DON WEST PHONE: (772) 462-1485 EMAIL: westd(aDstlucieco.org LILY SUBMIT THE FOLLOWJN SCCHANGE ORDER TO PERFORM THE REQUESTED ADDITIONAL SERVICES AS LISTED BELOW. Gi I ITEM ,c DESCRIPTION CITY I UNIT I UNIT COST TOTAL 10" SEWER CONN CTION 1 UPGRADE COST FOA 10" SEWER FROM CONTRACT COST OF 8" SEWER 137.0 LF $ 4.00 $ 548.00 2 ICHANGE MH OPENI G AND BOOT FOR A 10" PIPE 1.0 LS $ 75.00 $ 75.00 3 ICHANGE FROM A 8' FERNCO TO A 10" FERNCO 1.0 LS $ 25.00 $ 25.00 SUB TOTAL $648.00 4 1 ADDITIONAL OND (1.5%) 1.0 LS $ 9.72 1 $ 9.72 TOTAL $657.72 CONTRACT DAYS 1.0 LILL CREW: UNDERGROUND CREW TIME IS BASED ON A 6 MAN CREW FOR 8 HOURS AT $3,500 PER DAY WITH TRACK i0E AND LOADER USE BUT NOT INCLUDING DEWATERING. IF THE WORK REQUIRES DEWATERING ABOVE THAT WHICH VAS CONTRACT WORK, THE COST IS $4,000 PER DAY. 'ARTIAL CREW: UNDERGROUND CREW TIME IS BASED ON A 3 MAN CREW FOR 8 HOURS AT $3,000 PER DAY WITH TRACK 10E AND LOADER USE BUT NOT INCLUDING DEWATERING. IF THE WORK REQUIRES DEWATERING ABOVE THAT WHICH NAS CONTRACT WORK, THE COST IS $3,500 PER DAY. ABOR CREW: UNDERGROUND CREW TIME IS BASED ON A 3 MAN CREW FOR 8 HOURS AT $2,000 PER DAY WITH NO EQUIPMENT BUT NOT INCLUDING DEWATERING. IF THE WORK REQUIRES DEWATERING ABOVE THAT WHICH WAS :ONTRACT WORK THE COST IS $2,500 PER DAY. TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON R. MANCI L, JR. Page 1 of 1 ACCEPTED BY: NAME: TITLE: DATE: Q Packet Pg. 271 8.N.2.b Mancil's Tractor Service, Inc. Earthwork, Roadways, Storm Drain & Underground Utilities 8530 SW Jayme Way, Falm City, FL 34990 Ofce (772) 288-0951 Fax (772) 288-0983 CHANGE ORDER #22 ADDITIONAL SERVICES DATE: 11/18/2016 BID TO: ST LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS CONTACT: DON WEST PROJECT # 14-056 PHONE: (772) 462-1485 PREPARED BY: SUE/MJD EMAIL: westd(cDstludeco.orq WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER TO PERFORM THE REQUESTED ADDITIONAL SERVICES AS LISTED BELOW. ITEM DESCRIPTION «Tu CITY�E UNIT UNITCOST a TOTAL REPAIR DAMAGED SILT FENCE AT STOCKPILE i 373' LF SILT FENCE (10/17/2016) 373.00 LF $ 1.50 $ 559.50 MAINTENANCE OF TRAFFIC FOR AT&T POLE @ INLET FISHERIES 2 1 MOT CONE RENTAL (30 CONES/DAY X $0.33 EACH) 5.00 DAYS $ 9.90 $ 49.50 3 ISINGLE LABORER TO SET UP MOT (1/2 HOUR/DAY X 5 DAYS) 2.50 1 HR $ 40.00 $ 100.00 CONSTRUCT BYPASS FOR AT&T POLF 0 INLET FISHERIES 4 LOADER W/OPERATOR 3.00 HR $ 90.00 $ 270.00 5 GRADER W/OPERATOR 3.00 HR $ 85.00 $ 255.00 6 ROLLER W/OPERATOR 3.00 HR $ 70.00 $ 210.00 7 MILLINGS 1.00 LD $ 400.00 $ 400.00 SUBTOTAL $1,844.00 TOTAL $1,844.00 10 ADDITIONAL BOND (1.5%) 1.00 LS 1 $ 27.66 1 $ 27.66 TOTAL $1,871.66 ADDITIONAL CONTRACT DAYS REQUIRED 1 1.0 NOTE: THIS CHANGE ORDER IS ONLY FOR THE BASE BID LINE ITEMS FOR F CURB AND F CURB REINFORCED. AS DISCUSSED, WE BELIEVE THAT THE BASE BID TABULATION QUANTITIES INLCUDE THE LENGTHS OF CURB REQUIRED UNDER THE ALTERNATE A SECTION. FINAL BILLING WILL BE DONE ACCORDING TO FINAL FIELD MEASURES AND ANY OVERUN CAN BE ADJUSTED BY FUTURE CHANGE ORDER. IF NEEDED. TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON R. MANCIL, JR. Page 1 of 1 ACCEPTED BY: NAME: TITLE: DATE: Packet Pg. 272 8.N.2.b A6- M and I° s T r actor Servi c e, I na Earthwork, Rbadway4 Storm Drain & Underground Utilities 8530 SWJaymeWay, Palm City, FL 34990 Offica(772) 288-0951 Fax(772) 288-0983 CHANGE ORDER #22 DATE: 11/1/2016 / f (� BID TO: ST LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS (1 j% / CONTACT: DON WEST PROJECT # 14-OS6 ) `r - ,/ PHONE: (772) 462-1485 PREPARED BY: SUE ��� EMAIL: WeStdd7.5tIUCIeCO.Ofq WE RESPECTFULLY SUBMIT THE -FOLLOWING CHANGE ORDER TO PERFORM THE REQUESTED ADDITIONAL SERVICES AS LISTED BELOW. MAINTENANCE OF TRAFFIC FOR AT&T POLE @ INLET FISHERIES 4 MOT CONE RENTAL (30 CONES/DAY X $0.33 EACH) 5.00 DAYS $ 9.90 $ 49.50 5 ISINGLE LABORER TO SET UP MOT (1/2 HOUR/DAY X 5 DAYS) 2.50 HR $ 40.00 $ 100.00 CONSTRUCT BYPASS FnR ATAT Pnl F M IKII FT FICI-IFRIFC 6 LOADER W/OPERATOR 3.00 HR $ 90.00 $ 270.00 7 GRADER W/OPERATOR 3.00 HR $ 85.00 $ 255.00 8 ROLLER W/OPERATOR 3.00 HR $ 70.00 $ 210.00 9 MILLINGS 1.00 LD $ 400.00 $ 400.00 SUBTOTAL $2,312.75 TOTAL $2,312.75 10 JADDITIONAL BOND (1.5%) 1 1.00 1 LS Is 34.69 1 $ 34.69 TOTAL $2,347.44 ADDITIONAL CONTRACT DAYS REQUIRED I1.0 NOTE: THIS CHANGE ORDER IS ONLY FOR THE BASE BID LINE ITEMS FOR F CURB AND F CURB REINFORCED. AS DISCUSSED, WE BELIEVE THAT THE BASE BID TABULATION QUANTITIES INLCUDE THE LENGTHS OF CURB REQUIRED UNDER THE ALTERNATE SECTION. FINAL BILLING WILL BE DONE ACCORDING TO FINAL FIELD MEASURES AND ANY OVERUN CAN BE ADJUSTED BY FUTURE CHANGE ORDER. IF NEEDED. TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. DON R. MANCIL, JR. Page 1 of 1 ACCEPTED BY: NAME: TILE: DATE: Packet Pg. 273 MANCIL'S TRACTOR SERVICE, INC. 8530 SW JAMME WAY, PALM CITY, FLORIDA 34990 772-288-0951 FAX 772-288-0983 - -- --- - -- _._.__._.._- MATERIAL PRICE LIST ------------ ._111112016 TYPE.____.-_-_�-_ SERVICE AREA - ----- -- UNIT '- -- QTY - SUB-TL TAX TOTAL-- - - FILL STUART / PALM CITY LD $ 150.00 1 $150.00 s 9.00 $ 169.00 FILL HOBE SOUND BRIDGE ROAD LD $ 150.00 1 $150.00 $ 9.00 $ 169.00 FILL ROOSEVELT BRIDGE & NORTH LD $ 165.00 1 $165.00 5 9.90 $ 174.90 FILL PORT ST. LUCIE LD $ 155.00 1 $155.00 ? 9.30 $ 164.30 FILL STUART BEACH AREA LD $ 180.00 1 $180.00 ! ).80 $ 190.80 FILL JUPITER/TEQUESTA LD $ 150.00 1 $150.00 9.00 $ 159.00 FILL NORTH OF STUART BEACH LD $ 200.00 1 $ 200.00 i 2.00 $ 212.00 FILL SEWALLS POINT LD $ 180.00 1 $180.00 i0.80 $ 190.80 TOPSOIL ALL AREAS LD $ 250.00 1 $250.00 .', 15.00 $ 265.00 SHELL ROCK SEWALLS POINTISTU. BEA.AREAJLD$ 375.00 1 $375.00 5 22.60 $ 397.50 SHELL ROCK STUART,PALM CITY AREA $ 350.00 1 $350.00 « 21.00 $ 371.00 COQUINA ALL AREAS $ 350.00 1 $350.00 3 21.00 $ 371.00 RIP p.AP ALL AREAS $ 800.00 1 $800.00 S -13.00 $ 848.00 #57STONE ALL AREAS $ 38.00 1 $ 38.00 S 2.28 $ 40.28 #89 STONE ALL AREAS $ 38.00 1 $ 38.00 5 2.28 $ 40.28 94STONE ALL AREAS $ 38.00 1 $ 38.00 $ 2.23 $ 40.28 ALL SAND-STE-MART ALL AREAS LD $ 350.00 1 $ 350.00 5 21.00 $ 371.00 SCREENING SAND ALL AREAS LD $ 425.00 1 $ 425.00 $ 25.50 $ 450.60 DAVISON SAND ALL AREAS LD $ 275.00 1 $ 275.00 S 16.30 $ 291.50 PW ViA. SEPTIC SAND ALL AREAS LD $ 275.00 1 $ 275.00 18.50 $ 291.50 01A WASHED SA',AIC ALL AREAS LD $ 300.00 1 $ 300.00 13.00 $ 318.00 SILT FENCI ALL AREAS LF $ 2.50 RECYCLE #57 STONE 1PATRICKJAMES LD $ 650.00 1 $ 650.00 5 39.00 $ 689.00 RECYCLE BALLAST ROCK IPATRICK JAMES LD $ 650.00 1 $ 650.00 $ 39.00 $ 689.00 EQUIPMENT B" -i �i=_ HOUR LOADER HR $ 90.00 LOADER/310 BACKHOE COMBO HP, $ 80.00 GRADER HR $ 85.00 BOXBLADE/TRACTORIBROOM HR $ 75.00 TRACKHOE 300 icy Hp $ 110.00 TRACKHOE 2cy HR $ 100.00 D-41 DOZER HR $ 100.00 D-61 DOZER HR $ 135.00 450 DOZER OR D31 DOZER HR $ 80.00 ROLLER PER HOUSE PAD HR $300 MIN OR $70 PER HR LAND CLEARING DUMPSTER 30YD $350 PER LOAD LAND CLEARING DUMPSTER 20 YD 1 1$250 PER LOAD TRASH TO DUMP DUMPSTER 20 YD $175 PER PULL PLUS DUMP FEES TRASH TO DUMP DUMPSTER 30 YD $175 PER PULL PLUS DUMP FEES TRASH TO DUMP DUMPSTER 40 TD $200 PER PULL PLUS DUMP FEES CONCRETE DUMPSTER 1 20 YD $275 PER PULL PLUS DUMP FEES TRUCK RENTAL I HR I I Is 80.00 TRANSPORT I HP. 1 $ 110.00 TRANSPORT WITH STINGER HR $ 160.00 ------ GRADER HR $ 90.00 __- BOBCAT TRACK HP. $ 80.00 MIXER HR $ 210.00 SCRAPER HR. $ 105.00 WATER TRUCK HR $ 80.00 PAVING CREW (PAVER, ROLLERS & TRUCKS) PER DAY Is 6,000.00 LABOR (1 PERSON) HR I $ 40.00 PAN HR I Is 105.00 OFF -ROAD HR 1 1$ 135.00 BUSHHOG WITH TRACTOR HR i $ 76.00 TAX MILLINGS>MANCILS LD $ 400.00 $ - $400.00 2 112" CRUSHED ASPHALT - RANGER $4001LD LAKE MICHIGAN MATERIAL ONLY CY $ 2.75 0.17 $ 2.92 14 T S CL 7 Y V m t r 3 N L O O 0) C m t c.i N Z C E t 0 m r Q Packet Pg. 274 N N C R N it O U a) L CO N t O s s _ c ./ :7 C��i/Ge'�cl'�;I % % ( , �' '—� . l'< t• .�li�' ,41 Packet Pg. 275 FULL CREW: UNDERGROUND CREW TIME IS BASED ON A 6 MAN CREW FOR 8 HOURS AT $3,500 PER DAY WITH TRACK HOE AND LOADER USE BUT NOT INCLUDING DEWATERING. IF THE WORK REQUIRES DEWATERING ABOVE THAT WHICH WAS CONTRACT WORK, THE COST IS $4,000 PER DAY. PARTIAL CREW. UNDERGROUND CREW TIME IS BASED ON A 3 MAN CREW FOR 8 HOURS AT $3,000 PER DAY WITH TRACK HOE AND LOADER USE BUT NOT INCLUDING DEWATERING. IF THE WORK REQUIRES DEWATERING ABOVE THAT WHICH WAS CONTRACT WORK, THE COST IS $3,500 PER DAY. LABOR CREW: UNDERGROUND CREW TIME IS BASED ON A 3 MAN CREW FOR 8 HOURS AT $2,000 PER DAY WITH NO EQUIPMENT BUT NOT INCLUDING DEWATERING. IF THE WORK REQUIRES DEWATERING ABOVE THAT WHICH WAS CONTRACT WORK THE COST IS $2,500 PER DAY. TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON R. MANOL, JR. Page 1 of 1 ACCEPTED BY: NAME: TITLE: DATE: Packet Pg. 276 8.N.2.b Mark D'Annunzio From: Karen Somoano <ksomoano@bobsbarricades.com> Sert: Tuesday, November 01, 2016 2:45 PM To, Mark D'Annunzio Subject: Re: North 2nd Street Mark, Cones are .30 ea/day. Thanks Karen On 11/1/2016 1:50 PM, Mark D'Annunzio wrote: Karen, We have a change order to submit and I need costs for the following added items that we will get reimbursement for: 1. Rental of 30 additional cones for MOT for 5 days. Can you advise on the added cost for the above? Mark D'Annunzio Project Manager/Chief Estimator mark@mancils.com Mancil's Tractor Service 8530 SW Jayme Way Palm City, FL 34990 772-288-0951 Office 772-288-0983 Fax www.mancils.com Packet Pg. 277 Packet Pg. 278 z Wl' A, —'xil 4 T; T Vro 24 4 ­4 04 CN 04 0 CO le Packet Pg. 279 C W-C From: Robert Earnest robertearnest73@gmail.com Subject: Unknown sewer laterals Date: October 4, 2016 at 2:52 PM To: James Grier james@mancils.com, Mark Ofc Mark@mancils.com J N N C R N it 0 U a) L CO N t O Z & •i, ^• I (;a,•y ice' ( 1 • T f� V.�` ;�^[�._"�o'r e yya .i1 r fr jig Packet Pg. 282 .0 Time Left Yard P-ncil's Tractor Service, Inc. Time Arrived on Job 3 SW JAYME WAY Time Left Job PALM CITY, FL 34990 Time Arrived at Yard COMTR/ACT DAILY REPORT J Project Name/Location eJ- S i T� Weather Date 10 110 %L S 'M T W TH F S OFFSITE FILL ROCK CURB ASPHALT LDS CY PIT LOCATION TYPE TYPE STAKING PIT LOC TRUCKING CO LF TONS YES NO TRUCKING CO CON THICKNESS TESTING TRUCKING CO YES NO PASS FAIL PAYROLL & EQUIPMENT INFORMATION NAME IN LUNCH OUT MAN HOURS EQPT MODEL EQPT HOURS DESCRIPTION OF WORK - CLEARING,ROCK,SUBGR TOTAL MAN HOURS �(� t� TOTAL EQPT HOURS REMARKS: MISC MATERIAL: SOD, MULCH, ANY DELAYS, INSTRUCTIONS, ACCIDENTS, ETC "C c 1 1 Ci '.I\'» ivyLq N N C cu Packet Pg. 284 CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) North 2nd Street Roadway Improvements Ft. Pierce, Florida TO (Contractor): Mancil's Tractor Service, Inc. 8530 SW Jayme Way Palm City, Florida 34990 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) See attached exhibit "A", consisting of 09 pages total. CHANGE ORDER NUMBER INITIATION DATE: CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE 8.N.2.c No. 21 March 7, 2017 C14-11-668 November 18, 2014 The original (Contract Sum) was $ 5,218,117.88 Net change by previous authorized Change orders $ 1,030,380.76 The (Contract Sum) prior to this Change order $ 6,248,498.64 The (Contract Sum) will be (increased, aeGreased or unGhanged) by this Change Order $ 99,708.13 The new (Contract Sum) including this Change order will be $ 6,348,206.77 The Contract Time will be (increased, decreased or unGhanged) by ( 17 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Substantial: January 11, 2017 Final: March 17, 2017 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: APPROVED: Mancil's Tractor Service, Inc. Contractor: 8530 SW Jayme Way, Palm City, FL 34990 Address: By: Date: ATTEST: Deputy Clerk Public Works Department St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address By: Don West, Director Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman Date: Approved as to Form and Correctness: County Attorney Packet Pg. 285 CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) North 2nd Street Roadway Improvements Ft. Pierce, Florida TO (Contractor): Mancil's Tractor Service, Inc. 8530 SW Jayme Way Palm City, Florida 34990 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) See attached exhibit "A", consisting of 09 pages total. CHANGE ORDER NUMBER INITIATION DATE: CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE 8.N.2.d No. 22 March 7, 2017 C14-11-668 November 18, 2014 The original (Contract Sum) was $ 5,218,117.88 Net change by previous authorized Change orders $ 1,130,088.89 The (Contract Sum) prior to this Change order $ 6,348,206.77 The (Contract Sum) will be (increased, aeGreased or unGhanged) by this Change Order $ 63,384.55 The new (Contract Sum) including this Change order will be $ 6,411,591.32 The Contract Time will be (increased, decreased or unGhanged) by ( 14 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Substantial: January 25, 2017 Final: March 31, 2017 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: APPROVED: Mancil's Tractor Service, Inc. Contractor: 8530 SW Jayme Way, Palm City, FL 34990 Address: By: Date: ATTEST: Deputy Clerk Public Works Department St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address By: Don West, Director Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman Date: Approved as to Form and Correctness: County Attorney N N C R r N O U r a� L c N t 0 Z v v r Packet Pg. 286 9.A.1 ITEM NO. ORD-2017-2 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Katherine Barbieri, Asst. County Attorney County Attorney DATE: 03/07/2017 *PUBLIC HEARINGS\COUNTY ATTORNEY Ordinance - Postponement on the Placement of Medical Marijuana Dispensary Facilities Pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County's citizens. The St. Lucie County Board of County Commissioners determines that it is in the best interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health, safety and welfare. Medical marijuana dispensing facilities are a new and unique use which is not currently addressed by the County Land Development Code or Code of Ordinances. Section 381.986(8)(b), Fla. Stat., permits counties to "determine by ordinance the criteria for the number, location, and other permitting requirements that do not conflict with state law or department rule for all dispensing facilities of dispensing organizations located within the unincorporated areas of that county'. A temporary postponement on the acceptance of applications for, the processing of, and the issuance of development permits, development orders or any other official action of St. Lucie County permitting or having the effect of permitting new medical marijuana dispensing facilities will allow time to review, study, hold public hearings, and prepare and adopt an amendment or amendments to the Land Development Code and Code of Ordinances to address this new and unique use. Adoption of this ordinance will further the health, safety and welfare of the citizens of St. Lucie County. PREVIOUS ACTION: On November 15, 2016, the County Board of County Commissioners authorized Permission to Advertise for the Postponement on the Placement of Medical Marijuana Dispensary Facilities for public hearing before the Local Planning Agency and two (2) public hearings before the Board of County Commissioners. On January 19, 2017, the Local Planning Agency (LPA) unanimously voted to pass the ordinance into the Board of County Commissioners. After listening to public comment, the LPA recommended that the time for postponement by shortened to July 1, 2017. The LPA felt that was sufficient time to enact an ordinance. The first public hearing was held on February 7, 2017. FINANCIAL IMPACT: Packet Pg. 287 9.A.1 N/A RECOMMENDATION: This is the second of two public hearings. Staff recommends the Board approve the proposed draft ordinance. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, Co my ttorney 2/17/2017 Updated: 2/14/2017 4:59 PM by Susan Bellamy Page 2 Packet Pg. 288 9.A.1.a ORDINANCE NO. 17 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A POSTPONEMENT ON THE ACCEPTANCE AND PROCESSING OF NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSING FACILITIES FOR A PERIOD OF 365 DAYS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County's citizens; and WHEREAS, the St. Lucie County Board of County Commissioners determines that it is in the best interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health, safety and welfare; and WHEREAS, medical marijuana dispensing facilities are a new and unique use which is not currently addressed by the County Land Development Code or Code of Ordinances; and WHEREAS, Section 381.986(8)(b), Fla. Stat., permits counties to "determine by ordinance the criteria for the number, location, and other permitting requirements that do not conflict with state law or department rule for all dispensing facilities of dispensing organizations located within the unincorporated areas of that county"; and WHEREAS, a temporary postponement on the acceptance of applications for, the processing of, and the issuance of development permits, development orders or any other official action of St. Lucie County permitting or having the effect of permitting new medical marijuana dispensing facilities will allow time to review, study, hold public hearings, and prepare and adopt an amendment or amendments to the Land Development Code and Code of Ordinances to address this new and unique use; and WHEREAS, the ordinance was heard by the Local Planning Agency on January 19, 2017. WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens of St. Lucie County. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. RECITALS ADOPTED. Each of the recitals set forth above is hereby adopted and confirmed. Section 2. TEMPORARY POSTPONEMENT OF CERTAIN COUNTY ACTIONS; APPLICABILITY. A. The time period for the postponement shall be until July 3, 2017, or until an 1 Packet Pg. 289 9.A.1.a amendment to the Land Development Code is approved or denied, whichever occurs first. The postponement may be reasonably extended, if necessary, for up to an additional ninety (90) day period by Resolution of the Board. No application for any permit or development order for a medical marijuana dispensing facility shall be accepted, nor shall any permit or development order be approved for a medical marijuana dispensing facility. Notwithstanding the above, in the event the Board approves an amendment to the Land Development Code, the postponement shall remain in effect until such time as the amendment becomes effective. B. This ordinance shall not restrict, prohibit or otherwise prevent a property owner from the reasonable use of their land or from developing their land in accordance with the St. Lucie County Comprehensive Plan. C. The adoption of this ordinance is undertaken by the County in good faith and is intended to further the goals of the St. Lucie County Comprehensive Plan and Chapter 163, Florida Statutes, and is not intended to discriminate against those landowners which may be subject to this ordinance. D. The limited duration of this postponement has been established in order to accomplish appropriate planning for future development through the St. Lucie County Comprehensive Plan amendment process as described in Chapter 163, Part II, Florida Statutes, and the Comprehensive Plan. Section 3. TERM OF THIS ORDINANCE. The County shall move forward expeditiously with the development, adoption, and implementation of the Regulations concerning medical marijuana dispensing facilities. This Ordinance shall remain in effect only for so long as is reasonably necessary for the Board to adopt such Regulations and for those Regulations to take effect. Accordingly, the term of this Ordinance shall expire, and this Ordinance shall have no further force or effect, after the date when the Regulations take effect, or July 3, 2017 unless extended by Resolution of the Board for an additional ninety (90) day period, whichever occurs first. Section 4. WAIVERS. Notwithstanding the provisions in Section 2 above, an applicant for the development of property within the unincorporated County may apply to the Board for a waiver of the requirements in Section 2, above, so that the applicant's application may be reviewed without delay. In such cases, the Board shall consider the request for a waiver at a public meeting, which shall be held within 45 days after the County receives the applicant's request. At the public meeting, the applicant shall have the burden of demonstrating to the Board's satisfaction that: (a) granting the applicant's request for a waiver will not detrimentally affect the preparation and implementation of the Regulations; (b) the proposed project will be compatible with surrounding land uses; and (c) the proposed project will not adversely affect the public health, safety or welfare. If the applicant carries its burden of proof, the Board may grant a waiver and thus allow the applicant's application to be submitted, reviewed and processed concurrently with the Regulations. However, a development order shall not be issued for such application until the necessary comprehensive plan amendments are in effect and the application is found to be consistent with adopted land development regulations. 2 Packet Pg. 290 9.A.1.a Section 5. VESTED RIGHTS. A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following: 1. A government act of development approval was obtained prior to the effective date of this Ordinance; and 2. The property owner has detrimentally relied, in good faith, on the governmental approval by making a substantial change in position or incurring extensive obligations and expenses; and It would be highly inequitable to deny the property owner the right to complete the development. B. Any property owner claiming to have vested rights under this Section 5 must file an application with the Board for a vested rights determination within 30 days after the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and shall contain a sworn statement as to the facts upon which the vested rights are asserted, together with any documentary evidence supporting the claim. The Board shall hold a public hearing on the application and, based upon the evidence submitted, shall make a determination as to whether or not the property owner has established vested rights. To the extent that a property owner demonstrates vested rights, the prohibitions established in Section 2 of this Ordinance shall not apply. Section 6. APPEALS. Any appeal from a final decision by the Board under Section 4 or Section 5 of this Ordinance shall be pursued by filing a Petition for Certiorari in the Circuit Court of the 19t" Judicial Circuit, in and for St. Lucie County, in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of local government agencies. Section 7. EXHAUSTION OF ADMINISTRATIVE REMEDIES. A property owner claimingthat this Ordinance, as applied, constitutes orwould constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 8. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, 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. 3 Packet Pg. 291 9.A.1.a Section 9. SEVERABILITY. 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. Section 10. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Section 11. 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. Section 12. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Section 13. ADOPTION. ATTEST: After motion and second, the vote on this ordinance was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Tod Mowery, Vice Chairman XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this day of 2017. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman 4 APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 292 9.A.1.b Pg COUNTY TO: Board of County Commissioners INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA FROM: Katherine D. Barbieri, Assistant County Attorney C.A. NO. 16-1305 DATE: November 15, 2016 SUBJECT: Report on Retail Dispensaries for Medical Marijuana A. Legal Status under Federal Law The Federal Controlled Substances Act (CSA) lists marijuana as a Schedule 1 drug and provides no exceptions for medical uses. Possession, manufacture, and distribution of marijuana is a crime under federal law. The medical marijuana laws of the states that permit and regulate the use of cannabis for medical purposes protect patients from prosecution for the legitimate use of marijuana under state law. However, state medical marijuana laws do not protect individuals from prosecution under federal law. The CSA controls and the federal government still has regulatory and enforcement standing throughout the country, regardless of state regulations allowing the use of marijuana. In 2013, the United States Department of Justice (USDOJ) issued statements indicating that the federal government would not pursue cases for low-level drug crimes, leaving such prosecutions largely up to state authorities. The memorandum explained that the USDOJ was committed to utilizing its prosecutorial resources to address the most significant drug -related threats, and that the federal government would not enforce federal marijuana laws in states that have legalized the drug and have enacted a robust regulatory scheme. In addition, in December 2014, Congress approved an omnibus spending bill that included a rider G prohibiting the USDOJ (which includes the Drug Enforcement Administration) from using funds E appropriated by that bill to prevent states from implementing state medical marijuana laws. The same 2 rider was included in the omnibus spending bill approved by Congress in December 2015. The prohibition 'a on allocation of funds to interfere with state implementation of medical marijuana laws will continue for c the remainder of the fiscal year and it is anticipated that this policy will be renewed during the m appropriations process for the upcoming fiscal year. Q B. Existing Regulatory Scheme under Florida Statutes and Administrative Rules ai c m 1. Compassionate Medical Cannabis Act of 2014 E v M The Compassionate Medical Cannabis Act of 2014 legalized a low tetrahydrocannabinol (THC) and Q high cannabidiol (CBD) form of cannabis for medical use by patients suffering from cancer or a physical medical Packet Pg. 293 9.A.1.b condition that chronically produces symptoms of seizures or severe and persistent muscle spasms. Section 381.986, F.S. The Act provides that a Florida licensed allopathic or osteopathic physician who has completed the required training, and has established a physician relationship with such a patient, may order low-THC cannabis for that patient to treat such condition or to alleviate its symptoms, if no other satisfactory alternative treatment options exist for that patient. The Act allowed qualified patients and their legal representatives to purchase, acquire, and possess low-THC cannabis for that patient's medical use, and authorized dispensing organizations and their owners, managers, and employees to acquire, possess, cultivate, and dispose of excess product in reasonable quantities to produce low-THC cannabis. The Act required the Florida Department of Health to create an online registry for the registration of physicians and patients, which was required to enable law enforcement agencies to verify patient authorization and to record amounts dispensed by registered physicians. The Florida Department of Health was also charged by the statute with the implementation of the dispensing organization approval process. On November 23, 2015, the Florida Department of Health approved a dispensing organization in each of the following five regions as required by the Compassionate Medical Cannabis Act: northwest Florida, northeast Florida, central Florida, southeast Florida, and southwest Florida. 2. House Bill 307 (2016): Authorization of Medical Cannabis for Terminally III Patients and Amendments to Compassionate Medical Cannabis Act of 2014 In 2015, the Legislature enacted the Right to Try Act (RTTA), Section 499.0295, F.S., which authorized an eligible patient with a terminal condition to receive an investigational drug, biological product, or device. As originally adopted in 2015, the RTTA did not address cannabis. In 2016, the Legislature, with the adoption of House Bill 307, amended the RTTA to allow "full strength" medical cannabis for patients suffering from a terminal illness which, without the administration of life -sustaining procedures, is expected to result in the patient's death within one year. Medical cannabis for qualified terminally ill patients must be obtained from an approved dispensing organization as defined in the Compassionate Medical Cannabis Act, Section 381.986, F.S. In addition to authorizing full-strength medical marijuana for terminally ill patients, House Bill 307 a provided for a number of amendments to Section 381.986, F.S. which resulted in stricter regulatory oversight by the Florida Department of Health for both low-THC and full-strength medical cannabis. The legislation prescribed N ti standards that ordering physicians must meet before ordering low-THC or medical cannabis, including establishing c a patient relationship for at least three months immediately prior to a patient's inclusion in the register of qualified N patients; extensive education requirements for ordering physicians; informed consent; a prohibition on an ordering physician being a medical director employed by a dispensing organization, and an order limit per qualified patient 0 of a 45-day supply at a time. o E W C. Anticipated Implications of Amendment 2 2 L The Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, is proposed m on the November 8, 2016 ballot in Florida. The language of Amendment 2 proposes to allow medical marijuana to be provided as a treatment for patients with the following specific diseases: cancer; epilepsy; glaucoma; HIV; AIDS; post -traumatic stress disorder (PTSD); amyotrophic lateral sclerosis (ALS); Crohn's Q disease; Parkinson's disease; and multiple sclerosis. Amendment 2 would also allow licensed physicians to certify patients for medical marijuana use after diagnosing them with some "other debilitating medical conditions of the same kind or class as or comparable to those enumerated." t U a r In contrast to the 2014 constitutional amendment (also titled Amendment 2) which did not pass, Q Packet Pg. 294 9.A.1.b the 2016 initiative clarifies requirements for parental consent for the use of medical marijuana by minors and also provides a specific list of the qualifying "debilitating" illnesses that would authorize marijuana as a treatment option. The 2016 measure also contains more stringent requirements for physician ordering, providing that doctors would not be immune from malpractice claims for negligent administration of marijuana. The measure also limits how many patients a caregiver can treat with marijuana. The 2016 ballot initiative language requires the Florida Department of Health to issue regulations required for the implementation of the amendment if it is adopted, in order to "ensure the availability and safe use of medical marijuana by qualifying patients. In addition to the existing regulatory scheme under the statutes and administrative rules, Amendment 2 would require the Florida Department of Health to promulgate the following regulations within six months of the passage of the constitutional amendment: a. Procedures for the issuance and annual renewal of qualifying patient identification cards to people with physician certifications and standards for renewal of such identification cards. Before issuing an identification card to a minor, the Department must receive written consent from the minor's parent or legal guardian, in addition to the physician certification. b. Procedures establishing qualifications and standards for caregivers, including conducting appropriate background checks, and procedures for the issuance and annual renewal of caregiver identification cards. c. Procedures for the registration of medical marijuana treatment centers, that include procedures for the issuance, renewal, suspension and revocation of registration, and standards to ensure proper security, record keeping, testing, labeling, inspection, and safety. D. Potential County Regulatory Initiatives 1. Statutory Preemption The local government role in regulation of medical cannabis and low-THC cannabis is defined by Section 381.986, F.S. As amended during the 2016 legislative session, the statute preempts the ability of counties and municipalities to regulate with regard to the cultivation and processing of low-THC and medical cannabis by dispensing organizations, but provides that both municipalities and counties may determine by ordinance the criteria for the number, location, and other permitting requirements that do not conflict with state law or Florida Department of Health rules. 2. Potential Local Zoning and Operational Regulations o E aD In accordance with Section 381.986, F.S., local governments may adopt zoning regulations that 2 provide restrictions on the zoning location of dispensing establishments, and may also adopt additional requirements for permitting and regulation of retail dispensing establishments to supplement the state m requirements implemented by the Florida Department of Health, provided that such local regulations do not conflict with the state regulations. � Gl A number of local governments throughout Florida have begun enacting regulations of retail dispensing establishments. As one example, Miami -Dade County recently adopted zoning regulations that aa) set a minimum distance of 1,000 feet between dispensing establishments and child care facilities, t preschools, schools or religious facilities; a 500 foot minimum distance between dispensing r establishments and zoning districts designated as residential; and a one mile minimum distance between Q Packet Pg. 295 9.A.1.b a dispensing establishment and another authorized dispensing establishment. The Miami -Dade County regulations also set operating hours of between 7 AM and 9 PM daily, and limit the dispensing or consumption of low-THC cannabis, medical cannabis or alcoholic beverages within the retail dispensing establishment or on the premises of and abutting the establishment. The Miami -Dade County regulations also require a local license (termed a certificate of use) for a dispensing establishment, and provides that each certificate of use shall be renewed on an annual basis. The county is authorized to conduct inspections of an establishment to ensure conformance with the requirements of the ordinance, and the county may revoke or decline to renew a local certificate of use if the establishment has been found in violation of the ordinance. 3. Option for Postponement on Retail Dispensing Establishments Postponement on the establishment of retail marijuana dispensaries have been enacted by some local governments throughout the state including but not limited to the Hillsborough and Orange County. A postponement of limited duration offers a regulatory tool which allows a local government to evaluate potential amendments to its regulations and consider new circumstances not addressed by its current laws. Postponement of up to twelve (12) months in duration are generally considered legally defensible under Florida caselaw. A postponement would allow the County to place the public on notice that its regulations may change as it considers the appropriate zoning, location and other permitting requirements for retail marijuana dispensing establishments. During the postponement period, the County would not take action to approve a development permit which would have the effect of allowing or permitting the development of a retail marijuana dispensing establishment. A postponement of limited duration would provide an opportunity for County staff to consider potential regulations, enable consultation with the St. Lucie County Sheriff's Office, and allow evaluation of the impact of additional state regulations implementing Amendment 2, if the ballot initiative passes on November 8. KDB/slb 0 E a� L M0 W r Q Y E V a r r Q Packet Pg. 296 9.A.1.c Notice of Development of Rulemaking DEPARTMENT OF HEALTH RULE NO.: RULE TITLE: 64-4.012 Medical Marijuana for Debilitating Medical Conditions PURPOSE AND EFFECT: The purpose and effect of this rule is to implement provisions of Article X, Section 29 of the Florida Constitution, to set out clear guidance on use of terms and implementation of the amendment which went into effect on January 3, 2017. SUBJECT AREA TO BE ADDRESSED: The use of medical marijuana for debilitating medical conditions. RULEMAKING AUTHORITY: Art. X, § 29(d), Fla. Const. LAW IMPLEMENTED: Art. X, § 29, Fla. Const., 381.986 FS. A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATES, TIMES AND PLACES SHOWN BELOW: February 6, 2017, 2:00 p.m. — 4:00 p.m. Duval County Health Department 900 University Blvd. North Jacksonville, FL 32211 February 7, 2017, 10:00 a.m. — noon Broward County Health Department 780 SW 24th Street Fort Lauderdale, FL 33315 February 8, 2017, 9:00 a.m. — 11:00 a.m. Florida Department of Health, Tampa Branch Laboratory 3602 Spectrum Blvd. Tampa, FL 33612 February 8, 2017, 6:00 p.m. — 8:00 p.m. Orange County Health Department 6102 Lake Ellenor Drive Orlando, FL 32809 February 9, 2017, 4:00 p,m, — 6:00 p.m. Betty Easley Conference Center 4075 Esplanade Way, Room 148 Tallahassee, Florida 32399-0850 Individuals may also provide public comment during these workshops by accessing the following weblink: http://www. floridahealth.gov/programs-and-services/office-of-compassionate-use/comment-form/index.html Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Courtney Coppola at Courtney.Coppola@flhealth.gov. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Courtney Coppola at Courtney.Coppola@flhealth.gov. THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: 64-4.012 Medical Marijuana for Debilitating Medical Conditions (1) For the purposes of this chapter, in accordance with Article X Section 29 Fla Const the following definitions shall apply: Packet Pg. 297 9.A.1.c (a) "Medical Marijuana Treatment Center (MMTC)" shall have the same definition as a dispensing organization in s. 381.986(1)(b,), F.S. N (b) "Caregiver" shall mean a legal representative as defined by s. 381.986(1)(d), F.S., who is at least twenty-one (21) years old and has successfully passed a Level 1 background screening as defined in s. 435.03, F.S. N (c) "Medical use" shall have the same definition as medical use in s. 381.9860)(14), F.S. (d) "Qualifyingpatienf' shall mean a qualified patient as defined by s. 381.986(1)(h), F.S., who has been diagnosed to have a qualif3Lmg debilitating medical condition, has a physician certification, and who has a valid patient Compassionate Use Registry identification card. :L (e) "Qualifying debilitating medical condition" shall mean conditions eligible for physician ordering contained in s. 381.986(2), F.S., or cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS),post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease. Parkinson's disease, multiple sclerosis. Also, any debilitating medical conditions of the same kind or class as or comparable to those enumerated, as determined by the Florida Board of Medicine. zt (fl The 45 day supply limitation set forth in s. 381.968(2)(e), F.S. shall be an adequate supply for a qualifying ,t O patient's medical use. (g) A physician authorized to order medical marijuana means a qualified ordering physician who has met the a� E requirements of s. 381.986 (2-4), F.S. (h) "Physician certification" means DH8011-OCU-12/2016, "Physician Certification," which is incorporated by a reference and available at http://www.flmles.or2/Gateway/reference.asp?No=Ref-#### and must be submitted with each "Compassionate Use Registry Identification Card Qualified Patient Application:" A physician certification may r only be provided after the physician has conducted a physical examination and a full assessment of the medical c history of the patient. In order for a physician certification to be issued to a minor, a parent or legal guardian of the minor must consent in writing. M (2) All MTCs, physicians, patients, and caregivers must be registered in the online Compassionate Use 0E i Regislly as required by s. 381.986(5)(a), F.S., and Rule 64-4.009, F.A.C. All orders for medical marijuana must be o entered into the registry for processing accordingly. CL (3) The process for reizistering as an MMTC shall be the same approval and selection process outlined in s. a 381.986, F.S., and Rule 64-4.002, F.A.C., and subject to the same limitations and operational requirements contained therein, N (4) All MMTCs shall follow the medical record keeping standards as set forth in Rule 64B8-9.003, F.A.C., as c adopted and incorporated herein. cv (5) All MMTCs shall abide by the security, product testing, labeling, inspection and safety standards set forth in s. 381.986, F.S and this chapter. p Rulemaking Authority Art. X, § 29(d), Fla. Const. Law Implemented Art. X, § 29, Fla. Coast., 381.986 FS. History — New c Y E d 7 4- 0 r.+ C O E Q O d O 4- 0 d v r O Z u r Q a� C E t V fC r Q Packet Pg. 298 9.A.1.d Treasure Coast Newspapers Sales Rep: Linda Klein (T9103) TUALM Date: 01/27/17 Account Number: 435195 (T11504098) Name: ST LUCIE COUNTY BOCC Contact: Email: Address: 2300 VIRGINIAAVE, FT PIERCE, FL, 34982-5653 Phone: (772) 462-1492 Fax: (000) 000-0000 Phone: (772) 692-8966 Email: linda.klein@tcpahn.com This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account rep at (772) 692-8966 . Ad Id: 1465294 P.O. No.: Meeting: 3/7/17 Total Cost: $72.42 Tag Line: Meeting: 3/7/17: ORD/Marijuana Start Date: 01/29/17 Stop Date: 01/29/17 Number of Times: 1 Class: 16250 -Public Notices Publications: TC-TC News -Press -Tribune, TC-Internet tcpahn.com Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, Gannett reserves the right to cat- egorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 877-247-2407. Allowance may not be made for errors reported past the second print date. The Treasure Coast Newspapers may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for which the ad did not run. Packet Pg. 299 9.A.1.d I agree this ad is accurate and as ordered. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA March 7, 2017 NOTICE OF A PROPOSED ORDINANCE The St. Lucie County Board of County Commission is sched- uled to review and make rec- ommendations regarding the following item petitioned for adoption by the Board of County Commissioners of St. Lucie County, Florida, by ordinance ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSION- ERS OF ST. LUCIE COUN- TY, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A POSTPONE- MENT ON THE ACCEPTANCE AND PROCESSING OF NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDI- CAL MARIJUANA DISPENSING FACILITIES FOR A PERIOD OF 365 DAYS; PROVIDING FOR SEVERABILITY; AND PROVID- ING FOR AN EFFECTIVE DATE APPLICANT: Board of County Commissioners PURPOSE: A 365 day post- ponement of the processing of new applications for the establishment of marijuana dispensing facilities to allow in the County time to plan, consider, review, and adopt and/or revise its develop- ment regulations related to such use. LOCATION: Unincorporated St. Lucie County The 2nd PUBLIC HEARING on this item will be held in the Commission Cham- bers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, March 7, 2017 beginning at 6:00 pm or as soon thereafter as possible. All interested persons will be given an opportunity to be eard. Written comments received in advance of the public hearing will also be Department - PI sion at least 3 to the schedule The petition file for review at tl 162-2822 or TDD 28 if you have any or require addr mation about this U I ts, IT person aeciaes to appeal any decision made by the Board of County Com- missioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the pro- ceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimo- ny and evidence uppon which the appeal is to be based. Upon the requestof any party to the proceeding, indi- viduals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individu- al testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time to a date -certain. Anyone, with a disability requiring accommodations to attentl this meeting should contact the St. Lucie County Risk Manager at least for- ty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D.(772)462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHRIS DZADOVSKY, CHAIRMAN Pub: February 20, 2017 TCN 1465294 Packet Pg. 300 9.B.1 ITEM NO. RES-2017-38 TO: PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Jeffrey Johnson, Senior Planner Planning Division Resolution - Rezoning for Angle Properties, LLC DATE: 03/07/2017 *PUBLIC HEARINGS\PLANNING & DEVELOPMENT SERVICES QUASI-JUDICIAL Angle Properties, LLC is requesting an amendment to the Official Zoning Atlas from IL (Industrial, Light) to CG (Commercial, General) for a +/-2.11 acre portion of a 12.29 acre vacant parcel of land located at the northeast corner of Angle Road and Avenue D. The applicant has submitted a Plat that will subdivide the 12.29 acre parcel into two lots, and is in the process of submitting a Minor Site Plan for an approximately 8,300 s.f. discount retail store (Family Dollar) to be developed on the 2.11 acre portion of land located at the corner of Angle Road and Avenue D. Fort Pierce Utilities (FPUA) will provide water and wastewater service for the proposed commercial development. Please see attached staff report for a detailed analysis. PREVIOUS ACTION: July 21, 2016 The Planning and Zoning Commission unanimously recommended approval of the petition. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the proposed Amendment to the Official Zoning Atlas Map from IL (Industrial, Light) to CG (Commercial, General). COMMISSION ACTION: Packet Pg. 301 9.B.1 Coordination/Signatures �q, it � L li I , DirectoIV larming & Development Services 2/23/2017 4anief& McIntyre, C my ttorney 2/28/2017 7"/, Z(4 � / . ik S er ee, Dep County A ministrato 3/1/2017 Updated: 2/27/2017 11:51 AM by Jeffrey Johnson Page 2 Packet Pg. 302 BOARD OF COUNTY COMMISSIONERS Hearing Date: Tuesday March 7, 2017 Applicant Angle Properties, LLC 7999 N. Federal Highway Suite 101 Boca Raton, FL 33487 Agent Barrios Engineering Carlos Barrios 605 Delaney Ave., Suite C Orlando, FL 32801 Future Land Use IND (industrial) Existinq Zonin_g District IL (industrial, Light) Proposed Zoninq District CG (Commercial, General) Request Proposed zoning change from IL to CG. Staff Jeffrey Johnson Senior Planner JohnsonJ@stlucieco.org (772) 462-1580 File Number RZ 420165009 Family Dollar Rezoning RZ 420165009 Location ,r Amendment to the Official Zoning Atlas Angle Properties, LLC Protect Description An Amendment to the Official Zoning Atlas from IL (industrial Light) to CG (Commercial, General) for a +/-2.11 acre parcel located at the northeast corner of Angle Road and Avenue D. A Minor Site Plan is currently under review for a proposed approximately 8,300 s.f. retail discount store (Family Dollar) on the 2.11 acre portion . The zoning change is CG is required to allow the proposed retail use. Fort Pierce Utilities Authority will provide water and wastewater service for this project. Background At the July 21, 2016 public hearing, the St. Lucie County Planning and Zoning Commission recommended unanimous approval of this request. Further details regarding this petition are found in the staff report. Notice Reauirements A public hearing notice in accordance with Section 11.00.03 of the Land Development Code was placed in the St. Lucie News Tribune on February 17, 2017. Notices were mailed to property owners within a 500 foot radius and a public hearing notification sign was installed on the property. 9.B.1.a E Q El Co M ti r O N U) W L E E v/ Q U U O m iv r m a� C E t V R r Q Packet Pg. 304 9.B.1.b RESOLUTION NO. 2017-XXX File No.: RZ 420165009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Angle Properties, LLC petitioned for an amendment to the Official Zoning Atlas to change the zoning from the IL (Industrial, Light) Zoning District to the CG (Commercial, General) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application, which can be found in the Planning and Development Services memorandum dated July 21, 2016 entitled "Amendment to Official Zoning Atlas — Angle Properties, LLC." 3. On July 21, 2016 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, of which due notice was published in the St. Lucie News Tribune and recommended that the Board of County Commissioners approve the change in zoning to CG (Commercial, General). 4. On March 7, 2017 this Board held a public hearing on the petition after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 5. The proposed change in zoning is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 6. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. 7. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on February 23, 2016. March 7, 2017 Resolution No. 17-XXX File No.: RZ 420165009 Page 1 Packet Pg. 305 9.B.1.b NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The recitals set forth above are true and correct and expressly incorporated here within. B. The property on which the Change in Zoning from IL (Industrial, Light) to CG (Commercial, General) is being granted/denied is described as follows: LOT 1, ANGLE ROAD AND AVENUE D PLAT AS RECORDED IN THE ST LUCIE COUNTY, RECORDS. PARCEL SIZE: +/- 2.11 ACRES C. The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from IL (Industrial, Light) to CG (Commercial, General) and to make notation of the reference to the date of adoption of this resolution. D. A copy of this Resolution shall be mailed to the owner of record as identified on the application. E. This Resolution shall be recorded in the Public Records. March 7, 2017 File No.: RZ 420165009 Page 2 Resolution No. 17-XXX Packet Pg. 306 9.B.1.b After motion and second, the vote on this Resolution was as follows: Chris Dzadovsky, Chairman XXX Tod Mowery, Vice Chairman XXX Frannie Hutchinson, Commissioner XXX Linda Bartz, Commissioner XXX Cathy Townsend, Commissioner XXX PASSED AND DULY ADOPTED this 7th day of March, 2017. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA ly Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY r a March 7, 2017 Resolution No. 17-XXX File No.: RZ 420165009 Page 3 Packet Pg. 307 9.B.1.b Exhibit A Site Location Map Subject Property �I I I ( — Orange Ave March 7, 2017 File No.: RZ 420165009 Page 4 Resolution No. 17-XXX Packet Pg. 308 9.B.1.b Exhibit B Concurrency Deferral Affidavit March 7, 2017 File No.: RZ 420165009 Page 5 Resolution No. 17-XXX Packet Pg. 309 9.B.1.c ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting July 21, 2016 Convened: 6:00 PM Adjourned: 6:14 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Stephanie Morgan A. Pledge of Allegiance - Everyone stood for the Pledge of Allegiance Attendee Name Title Status Arrived Stephanie Morgan Chair Present Bobby Hopkins Vice Chair Absent Edward Lounds Board Member Present James Clasby At -Large Board Member Absent Cathy Townsend Board Member Present William Smith Board Member Absent Charles Grande Board Member Present Robert Lowe At -Large Board Member Present James Taylor At -Large Board Member Present Marty Sanders Ex-Officio Board Member Absent C. Announcements - None D. Disclosure(s) - None r m 6� a+ C N E z U 2 Q Generated 8123120163:21 PM Packet Pg. 310 9.B.1.c P & Z Regular Meeting Thursday, July 21, 2016 6:00 PM 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, May 19, 2016 3. PUBLIC COMMENT None 4. PUBLIC HEARINGS A. Resolution - Rezoning for Angle Properties, LLC - Approved Bonnie Landry, Planning Manager stated the legal advertising has been published in the News Tribune and a notification sign has been placed at the subject property. Mail notices were sent to 37 property owners which were within the 500 feet; as of date no verbal or written comments have been received regarding this request. Angle Properties, LLC is requesting an amendment to the Official Zoning Atlas from IL (Industrial, Light) to CG (Commercial, General) for a +/-2.11 acre portion of a 12.29 acre vacant parcel of land located at the northeast corner of Angle Road and Avenue D. The applicant has submitted a plat that will subdivide the 12.29 acre parcel into two lots, and is in the process of submitting a minor site plan for an approximately 8,3000 s.f. discount retail store (Family Dollar) to be developed on the 2.11 acre portion of land. Fort Pierce Utilities will provide water and wastewater service for the proposed commercial development. Staff recommended the proposed amendment to the Official Zoning Atlas Map from IL (Industrial, Light) to CG (Commercial, General) be forwarded to the Board of County Commissioners with a recommendation of approval. Chris Steven, applicant stated it was the 2.11 acre portion that is requested to be rezoned. The Board discussed splitting of the property, the site location and current use of the larger piece. Public Hearing open No one spoke Public Hearing close ca as c W E z U 2 Q 21Page Packet Pg. 311 9.B.1.c P & Z Regular Meeting Thursday, July 21, 2016 6:00 PM 5. WORKSHOPS A. There are no scheduled items. - 6. OTHER BUSINESS A. There are no scheduled items. - ���_1�aI�1�L'�►1 There being no further business to be brought before the Board, the meeting was adjourned. an21/2C16SteM a-g Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. a+ Q 31Page Packet Pg. 312 9.B.1.d COUNTY FLO R[ D A - Planning and Development Services Planning Division TO: Planning and Zoning Commission MEMORANDUM THROUGH: Leslie Olson, AICP, Director Bonnie C. Landry, AICP, Planning Manager FROM: Jeffrey Johnson, Senior Planner DATE: July 21, 2016 SUBJECT: Amendment to Official Zoning Atlas — Angle Properties, LLC Property Owner: Angle Properties, LLC Agent: Barrios Engineering, LLC — Carlos Barrios Requested Action: Change in Zoning from IL (Industrial, Light) to CG (Commercial, General) Location: Northeast corner of Angle Road and Avenue D Parcel Id Number: 2408-211-0001-000-3 Property Size: +/- 2.11 acres Existing Uses: Vacant Urban Services Boundary: Inside Roadway Improvements: None Existing Land Use, Zoning and Use(s) (Subject Property): Future Land Use Underlying Zoning Overlay Zoning Existing Use(s) IND (Industrial) IL (Industrial, Light) Airport Vacant Land Use, Zoning and Use(s) (Surrounding Properties): Future Land Use Zoning Existing Use(s) North IND (Industrial) IL (Industrial, Light) Storage Yard South IND (Industrial) IL (Industrial, Light) Atlantic Coast Recycling East IND (Industrial) IL (Industrial, Light) Vacant West IND (Industrial) IL (Industrial, Light) Richmond Hydraulics w Q Packet Pg. 313 9.B.1.d PROPOSALBACKGROUND Angle Properties, LLC is requesting an Amendment to the Official Zoning Atlas from IL (Industrial, Light) to CG (Commercial, General) for a +/- 2.11 acre portion of a 12.29 acre vacant parcel of land located at the northeast corner of Angle Road and Avenue D. The subject property lies within the Airport Zoning Overlay which regulates development to assure there are no conflicts with aviation safety and security. The applicant has submitted two companion development applications that are being reviewed and processed concurrently which include a Plat that will subdivide the 12.29 acre parcel into two lots, and a Minor Site Plan for an approximately 8,300 s.f. discount retail store (Family Dollar) to be developed on the 2.11 acre portion of land at the corner of Angle Road and Avenue D. Fort Pierce Utilities (FPUA) will provide water and wastewater service for the proposed commercial development. Neighborhood Meetings Staff recommended that the applicant hold a neighborhood meeting prior to any public hearing. No meetings were conducted. BACKGROUND ANALYSIS Current Future Land Use: The Future Land Use designation is IND (Industrial), which is applicable to areas identified as suitable for industrial use. This land use designation is intended to be implemented through both the heavy and light industrial zoning districts, with the specific criteria for zoning application as provided for under the policies of the Future Land Use Element. The Land Use Compatibility Matrix (Table 1-3 of the Comprehensive Plan) identifies the CG (Commercial General) zoning district to also be compatible with IND Future Land Use. Therefore, a Future Land Use Map Amendment (FLUMA) is not required for the subject petition. Current Zoning: The current zoning of the subject property is IL (Industrial Light), which is intended "...to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with light industrial surroundings." Some of the permitted uses in this zoning district are construction and engineering services, manufacturing, repair services, wholesale trade and limited retail services to include nursery and garden supplies (see attached zoning use regulations for the entire list of permitted and conditional uses). Proposed Zoning: The proposed zoning district is CG (Commercial General), which is intended "...to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings." Some of the permitted uses in this zoning district are retail, restaurants, health services, membership organizations and business services. Possible conditional uses are hotels, drinking establishments, and auto body repair (see attached zoning use regulations for the entire list of permitted and conditional uses). Due to the permitted uses being comparable in terms of impacts as those permitted in the Industrial Heavy Packet Pg. 314 9.B.1.d (IH) and Industrial Light (IL) zoning districts, the CG zoning district is compatible with the subject property's IND Future Land Use designation. AMENDMENT TO THE OFFICIAL ZONING ATLAS STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LDC Section 11.06.03 of the St. Lucie County Land Development Code establishes the standards for reviewing amendments to the Official Zoning Atlas. In reviewing the application of a proposed amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: A. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code (LDC); The proposed rezoning from IL (Industrial Light) to CG (Commercial General) is consistent with the County's LDC, Section 11.09.02 Zoning Conformance and identifies the CG zoning district as compatible with the IND Future Land Use designation. The subject property well exceeds the minimum required lot size of 20,000 square feet and is in close proximity (1/4 mile) to existing CG zoned properties to the south. The requested change in zoning from IL to CG allows for the proposed use of a discount general retail store that would serve the surrounding area. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed rezoning from IL (Industrial Light) to CG (Commercial General) is consistent with the County's Comprehensive Plan. The proposed change in zoning to CG is compatible with the property's Future Land Use Designation of IND as per Comprehensive Plan Table 1-3, Land Use Designation / Zoning Compatibility Chart. The subject petition meets Comprehensive Plan Policy 1.1.8.5 that requires all new CG property to have central water and sewer services available at the time of rezoning in addition to having access to the regional transportation system and a minimum lot size of one acre. C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning from IL to CG is consistent with the existing and proposed land uses. As stated above, the CG zoning district is compatible with the IND Future Land Use designation as per the both the Land Development Code and the Comprehensive Plan. D. Whether there have been any changed conditions that require an amendment; The Angle Road and Avenue D roadways serve as urban collectors and combine for an average of over 12,000 annual daily trips at this intersection which is located less than one-half mile to Orange Avenue which serves an (east -west) Urban Principal Arterial. Although the property is surrounded by IL zoning, there are a number of properties within a '/4 mile to the south (north of Orange Avenue along Angle Road) and east (on Avenue Packet Pg. 315 9.B.1.d D, between 2911 and 331d Street) that are zoned CG and provide for a broad variety of business activities that include retail and service goods establishments. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; Included in this petition is a request for a Capacity Deferral. The applicant is aware that the proposed Family Dollar site plan is required to reserve capacity for public facilities. F. Whether and the extent which the proposed amendment would result in significant adverse impacts on the natural environment, The Environmental Resources Department (ERD) has reviewed the subject petition and provided a Report dated May 11, 2016 (see attached). Environmental impacts for this parcel will be assessed once a specific site design is submitted. ERD will conduct further review to ensure compliance with the Land Development Code during the site plan and/or building permit review process. G. Whether and the extent to which the proposed amendment would adversely affect property values in the area; The proposed zoning to CG is not anticipated to adversely affect property values as it surrounded by IL zoned properties which have more intensive uses. Any future development of the site should have a positive impact and increase property values in the area. H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; The rezoning to the CG district would result in an orderly and logical development pattern that has been established in the area. The subject property is situated at a corner with high visibility that is more suited for commercial uses. As previously mentioned there are existing commercial zoned areas within '/4 mile of the subject property that are located in the City of Fort Pierce and unincorporated St. Lucie County. Whether the proposed amendment would be in conflict with the public interest and is in harmony with the purpose and intent of this Code; and The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Planning and Zoning Commission and the Board of County Commissioners may raise other matters regarding this proposed amendment to the Official Zoning Atlas. Packet Pg. 316 9.B.1.d ANALYSIS SUMMARY Based upon staff analysis contained in this memorandum, the proposed rezoning to CG is consistent with the St. Lucie County Comprehensive Plan and the Land Development Code. The subject property due to its visible location at the corner of Angle Road and Avenue D is more conducive for CG than IL uses. STAFF RECOMMENDATION Staff recommends forwarding the proposed Amendment to the Official Zoning Map from IL (Industrial Light) to CG (Commercial, General) to the Board of County Commissioners with a recommendation for approval. Packet Pg. 317 9.B.1.d SUGGESTED MOTION TO APPROVE/DENY THIS REQUESTED ZONING CHANGE: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION APPROVE THE PETITION OF ANGLE PROPERTIES, LLC FOR A CHANGE IN ZONING ON THE SUBJECT 2.11 ACRE PROPERTY FROM IL TO CG BECAUSE ................. (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION DENY THE PETITION OF ANGLE PROPERTIES, LLC FOR A CHANGE IN ZONING ON THE SUBJECT 2.11 ACRE PROPERTY FROM IL TO CG BECAUSE ................. (CITE REASON WHY - PLEASE BE SPECIFIC) Packet Pg. 318 Nod, rTT Juanita Ave 9.B.1.e ■ ' (D own CD O 3 CD 19 0 Q o CD m rn v m N O 5, -P 0 K :i )!!!!!-Z 1 4 _ N - O d� Cn O C0 Q Packet Pg. 320 1 9.B.1.e ' (DD ■ ■' <D a Q. o m o -0 ° R - CD ni a l< -3 CD D CD m C 0 F N C a a r m c�i C C (D cD Z1 Q CD m o c co O N m O Z. 3 to A Q c p ! w n °, e' fD -n O m o Z N o 3 S -% 0 n m m a N CD cD O 0 � 7 (D K N .D N N (D d C- CD p N C. m F—I.-IMMMIZ-A 1 ■ �E Q N O M U2 Packet Pg. 321 1 9.B ■ Dow ■ ■ ■ CQ = n (J) o m o a m CD 0 CD D ni m c CD L C v O o = m an CD '. o � c 0 O v cQ .-. cn cl c �' Q TI r C v N 4151 51 70 I 00j, Z 40TH ST Z p I _ _ -- Z v 39TH ST N t9 X Z Q N 38TH ST D p- •� v p N ♦ ,�^ 1' v 6 ° < o m �N:37.TH;ST N 37TFi ST ♦ m ♦ ■ -n d _ r ■ • Z ' rn m mHP;O c Q m 3 J G> • J ■ Z p! d a•`,�..':> Z 0 N 35TH ST � CL LEGAL DESCRIPTION. - SEE DETAIL BEL OW FOR POINT OF COMMENCEMENT \ Dw.i PARENT TRACT PER ORB 3019, PG 944: A PORTION OF LAND LYING IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AVE END OF SURVEY BASE LINE STATION 135 -1- 71.38 FOR S.R. 607A (ANGLE ROAD) AT THE NORTH LINE OF SAID SECTION 8, THENCE ALONG THE NORTH OF SAID SECTION 8, SOUTH 8957'03" EAST TO THE EAST RIGHT OF WAY OF S.R. 607A FOR 68.44 FEET; THENCE ALONG SAID EAST RIGHT OF WAY, SOUTH 43'01 09" WEST TO THE SOUTH RIGHT OF WAY LINE OF AVENUE 'E' FOR 47.91 FEET,• THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89'57'03" EAST FOR 897.0 FEET TO THE POINT OF BEGINNING, • THENCE, FROM THE POINT OF BEGINNING CONTINUING SOUTH 89'57'03" EAST TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 8 FOR 659.74 FEET THENCE ALONG THE EAST LINE OF THE WEST HALF SOUTH 00'1223" WEST TO THE NORTH RIGHT OF WAY OF AVENUE D' FOR 596.33 FEET,• THENCE ALONG SAID NORTH RIGHT OF WAY, NORTH 89'5733" WEST TO THE EAST RIGHT OF WAY OF S.R. NO, 607A FOR 999.59 FEET; THENCE ALONG THE EAST RIGHT OF WAY OF S.R. 607A, NON -RADIAL CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1927.08 FEET, AN ARC LENGTH OF 75.90 FEET, A CENTRAL ANGLE OF 02'1523,' A CHORD BEARING OF NORTH 415327" WEST AND A CHORD DISTANCE OF 75.89 FEET TO A TANGENT LINE; THENCE NORTH 43'01 '09" WEST FOR 348.33 FEET,• THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89'57 03" EAST FOR 628.47 FEET- THENCE NORTH DO 22'17" EAST TO SAID SECTION LINE FOR 285.56 FEET TO THE PLACE AND POINT OF BEGINNING. CORRECTIVE PARENT TRACT• A PARCEL OF LAND LYING /N THE N 112 OF THE NW 114 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 4 71.38 FOR STATE ROAD 607A (ANGLE ROAD), AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AT THE NORTH LINE OF SAID SECTION 8,• THENCE ALONG THE NORTH LINE OF SAID SECTION 8, SOUTH 8957'03" EAST TO THE EAST RIGHT OF WAY OF STATE ROAD 607A FOR 68.44 FEET; THENCE ALONG SAID EAST RIGHT OF WAY, SOUTH 43'01'09" EAST TO THE SOUTH RIGHT OF WAY LINE OF AVENUE E' FOR 47.91 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 8957 03" EAST FOR 897.0 FEET TO THE POINT OF BEGINNING; THENCE, FROM THE POINT OF BEGINNING, CONTINUING SOUTH 89757103" EAST TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 8 FOR 659.74 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF SOUTH 00'1223" WEST TO THE NORTH RIGHT OF WAY OF AVENUE 0' FOR 596.33 FEET, THENCE NORTH 8957'33" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, FOR 1002-63 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD, SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST TO WHICH A RADIAL LINE BEARS SOUTH 50'JO'27" WEST, HAVING A RADIUS OF 1960.08 FEET, AN ARC LENGTH OF 120.65 FEET, A CENTRAL ANGLE OF 03'31 '36 ; A CHORD BEARING OF NORTH 41 ' 15 21 " WEST AND A CHORD DISTANCE OF 120.63 FEET TO A TANGENT LINE,• THENCE NORTH 43.0109 " WEST FOR 3D 1, 56 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 8957103" EAST FOR 626.47 FEET; THENCE NORTH 0022'17" EAST TO SAID SECTION LINE FOR 285.56 FEET TO THE PLACE AND POINT OF BEGINNING FAMILY DOLLAR STORE.• A PARCEL OF LAND LYING IN THE N 112 OF THE NW 114 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS.• COMMENCE AT THE END OF SURVEY BASE LINE STATION I35 -1. 71.38 FOR STATE ROAD 607A (ANGLE ROAD), AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ON THE NORTH LINE OF SAID SECTION 8, THENCE S.89757 03'E, FOR 68.44 FEET- THENCE S.43'O1'09'E, ALONG THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD & THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD FOR 438.79 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE \ CONTINUE S.89'57'03 E FOR 342. 00 FEET THENCE S 43'O 1 09'E, FOR 273 61 FEET THENCE S 00'02 27"W. FOR 111. 00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF AVENUE 'D;• THENCE N.89'57'JJ'W., ALONG SAID NORTH RIGHT OF WAY LINE, FOR 243.31 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE THE SOUTHWEST TO WHICH A RADIAL LINE BEARS S50'3027"W., TO THE CENTER OF SAID CURVE, HAVING FOR ITS ELEMENT A RADIUS OF 1960.08 FEET AND A CENTRAL ANGLE OF 3'31 J6','• THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 120.65 FEET TO A POINT OF TANGENCY- THENCE N.43'0109 V, A DISTANCE OF 301.56 TO THE POINT s OF BEGINNING. FAMILY DOLLAR SITE, LESS THE PROPOSED RIGHT OF WAY TAKING: 0 o A PARCEL OF LAND LYING IN THE N 112 OF THE NW 114 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, Sr LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 4 71.38 FOR STATE ROAD 607A (ANGLE ROAD) AS RECORDED /N PLAT BOOK 22 Nil PAGE 4 OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, ON THE NORTH LINE OF SAID SECTION 8,• THENCE S.89.5703'E, FOR 68.44 FEET,• THENCE S.43'O1'09'E, ALONG THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD & THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD FOR 438.79 FEET; THENCE S.8957'03'E FOR 25.33 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE 5.89'57 D3'E FOR 316.68 FEET,- THENCE 5:43'01 '09'E, FOR 273.61 FEET,- THENCE S00'02 27"W. FOR 106.00 FEET,- THENCE N.8957:33W, FOR 223.47 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE THE SOUTHWEST TO WHICH A RADIAL LINE BEARS S 50'45 41'W, TO THE CENTER OF SAID CURVE, HAVING FOR ITS ELEMENT A RADIUS OF 1978.58 FEET AND A CENTRAL ANGLE OF 3'4650" THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF I30.56 FEET TO A POINT OF TANGENCY, THENCE N.43'01 109 "W, A DISTANCE OF 284.27 TO THE POINT OF BEGINNING. PARCEL ID. 2408-212-000.y-000-0 -,, MASSA FAMILY 1NVFSWMVT LLC ";•.4. POINT OF BEGINNING (PARCEL 1 j Fier uu �enAtrFLA�r2 S8957 O3 E 25. JJ' POINT OF BEGINNING r r/ WE:Vry (LESS R/W DEDICAT10N) (D� • f/ SEr 518"IRON ROD (�� ry /'}�7 / d CAP LB 6018) - �CJ �7 ✓ / L1�'� `J42-00-( L BERM SILCL 77rrvIRCW ROD . PROPOSED 18.5' RIGHT OF WA Y DEDICA 77ON d CAP (LB 6016) ti 41 NO .p DETAIL n. iii 68. 44' NORTH LINE OF SECTION 8 Re - \ S89 57'03"E BASELINE OF SURVEY (PR 22, PG 4) ��♦ A VENUE 'E' o� m SOUTH R/W LINE 589'57'O3"E 897. 0' CD `f'�,' � (TO POINT OF BEGINNING > 0 OF PARENT TRACT) UNPLA TTED LAND cc) J antecill°� �' c c�P RK`ro . V 2 Avenu M Av LA venue= Ia5oa L roc venue ': L _ z Avenue IK m' Avenu --:SCE AveAy nue,'LG f z Avenue I 1 t I n Av6nue r°•+ 1 rr v venue 1F Avenuez IE z z n - - x venue g -- I - z ve �Q ue'" i Rd - Avee � .ur a Access °�loan �Wogn k Avenue G o _ Avenue C,n ^ venue veers i nAvr. ue F- HOi F Floyd I Johnson ' Rd Matt er Rd r e1 s "venue E = -o _ t Ba ket c Gamer v Garner - a z Ct z s Ct c Avenue D = A N unharSt Avenue 0 E, ,al �j p;; ]jf'�l e .c m Ave ue C Avenue C = Carver v ? � u' % -' [I m J k c Date L°flp A I aZ z '�"m m .goo °{e Avenue " Ave ue B I+t001 z0 I A a z m ORANGE AV 69 2 68 ssoo = o 0 ANGE AVppan c` 20� 41 Rdtcu _d y U visr Cr v �^ `'' ) y� - - Av 3phn CIN oA lot c_.G " 5 arrall N re Delman! i ® Av ten ins Park Av : 3io0 Slarcher Menendez Av 0 S s a m Florida It F°ntan da Frori s- AV v+ Or& CF LOCATION MAP: NOT TO SCALE Cj� IQ PROPOSED FAMILY DOLLAR SITE MONITOR Rtu with CONCRE7E COLLAR Q ` (TrPICAL) 91814.41 SQUARE FEET Q �\ 2.108 ACRES MORE OR LESS. EASTERL Y RIGHT OF WA Y LINE SET SA' IRON ROD J/f �• CAP (LB 6018) e PROPOSED 5 RIGHT OF WA Y DEDICA 77ON SET 5/B" ROV RODrN89'S7'33 "W 241.31 '(C)r s/e" IRON ROD CAP Gars) BARBED HIRE FENCE' & CAP (LB 6018) �N89`57'33"W 223.47(C) L T%/NSPS L A ND M TZGER RO w TITLE SURVEY (A VENUE I 'E) C-1 R=1960.08' D=03r31'36" L=120.65' CHB=N41 '15'21-W CH= 120.63'(C)(M) C-1 R=1927.08' D=02 r15 23" L= 75.90' CHB=N41 '5327V CH=75. 89'(D) C-2 R=1978. 58' D=03'46'50'w L=130.56' CHB=N41 '07'44 "W CH=130.53'(C) GRAPHIC SCALE 50 0 25 50 10D _W,ITER fETEI� HPP DQ l4PP DIRT El ONIE WATE17 METER El RIVE WATER At= la DRIVE RIVE aWATER ME7ETf , OF AN6'7OR +,lOF OF 13 NPP � { IN FEET ) I inch = 50 ft, a a - asr WsVr_ - - - m ' NORTH LINE OF SECTION 8 9�� M1QM `- L- -9-4.73'- TOP - - -------- ---- -- -- - -- - -- - -- -- -- -- - -- - -- - � - GASHAAKff 1 S89-57'�.3`"'E . 4 (D)(F .. , _ c`n im ' CORNER rD%rC) NOT FOUND LW SET 1 �-p•p 1 1 (' SET 5/8" IRON ROD 1 - & CAP (L8 6018) O O O 0 N N �o r _- .. ---- ---- ---•�7 1 4 II } } j POINT OF BEGINNING PARENT TRACT) 1 FOUND 5A" IRON ROD & CAP (WWEH PLS 4416) (R42'.% a17E) 1 } I 49.50' d 50' II°• tl f ! I I � II I 1 ' Il II I wll�L �l mll Il ;4 / ♦ I I I ° 1 \ II I q o 1 1� RUBBLE & � � DIRT PILE } W 4 SET IRON ROD ' 1C ,(� `1 ttl &CAP APrL8601B) co In LiL z m 1 ° a f PARCELANGLE PR01°ERA D001-DOO-3 Jj 1 7999 NOR7H HIGHWAY SX 200 1l BOCA RA7iXV, At ,3:3487 RUBBLE &DIRT PILE DRBP/LE I I TOE '• l 1 I I • � 1 ' � I TDE 1 11 I I w 1 1r I I D4 11 I I OLD METER POLE 1 1 n ° � DRAWAGE SIRUC7URE I / 0 CABBAGE PALMS UNDER _9_ jr 1HTH cUARDRAIL NORTH RIGHT OF WA Y LINE DRUND £ ®�C XRRE 1 - J ` ADRw�i 6_6r N89'57'33"Il'!' D02�3'(Gr}(�!) 999. 59 ) WTH GUARDRAIL ` ' - roP RIMESmR" MANHOLE a � a- a -a ° � � ANCLE R AD 57GN � InE RIM EL 20.25 � p .^p-p-ate°-°---a�a-°-O- 18 RCP E1NV EL M2 IIG mrm - NO PARKING SIGN .�•� p p p - a - pG' = LIN o � ° �... ....� „ - „ _ .gG1V 25 MPN SET NAIL do) DISC ASPHALT PAVEMENT SET 5 av ROO CENIFRLINE OF 60' RIGHT OF WA Y &CAP D78) DRIVEWAY DPP 9/GN (NO PARKING) VOV (25 MPH) 1lAP AVENUE 1D ' DIRT RIVE NPP -a-a� a a -a GATE ASPRALTDRI"AY I CA1E FOYAp1NUNKpfENCE -�p�°� GA7E�-p-°-°_ SURVEYORS REPORT- 1. THERE /S A DISCREPANCY IN THE LEGAL DESCRIPTION IN O.R. BOOK 3019, PAGE 944 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. THE RADIUS OF THE CURVE ON ANGLE ROAD IN LEGAL DESCRIPTION IS 192708 FEET. THE RADIUS AS SHOWN IN PLAT BOOK 21, PAGES 2, 2A, 2B, ST. LUCIE COUNTY RECORDS IS 1960.08 FEET. ALSO, THERE /S A DESCREPANCY IN THE SECOND CALL IN THE LEGAL DESCRIPTION WITH A CALL OF SOUTH 43'01 09 WEST, IT SHOULD BE SOUTH 43'01'09" EAST (AFFECTS BOTH FAMILY DOLLAR AND REMAINING PARCEL) 2. THERE ARE POWER POLES AND ANCHORS ALONG ANGLE ROAD RIGHT OF WAY AND ENCROACHES INTO PROPERTY WITH NO EASEMENT. THIS WOULD NOT AFFECT SITE WITH PROPERTY RIGHT OF WAY DONATION. (PERTAINS TO BOTH FAMILY DOLLAR AND REMAINING PARCEL) 3. PORTIONS OF THE SIDEWALK ALONG AVENUE 0' ENCROACHES ONTO SITE. THIS WOULD NOT AFFECT SITE WITH PROPOSED RIGHT OF WAY DONATION. (PERTAINS TO REMAINING PARCEL ONLY) 4. THERE WAS NO VISIBLE EVIDENCE OF SEPTIC SYSTEMS ON SITE. (PERTAINS TO BOTH FAMILY DOLLAR AND REMAINING PARCEL) 5. STREET INFORMATION SIGNS ALONG AVENUE 'D' ENCROACH ONTO SITE WITH NO EASEMENT. THIS WOULD NOT AFFECT SITE WITH RIGHT OF WAY DONATION. (PERTAINS TO BOTH FAMILY DOLLAR AND REMAINING PARCEL) 6. THERE IS NO MENTION IN THE LEGAL DESCRIPTION OR THE TITLE COMMITMENT OF A CANAL RIGHT OF WAY. ACCORDING TO ST. LUCIE COUNTY PROPERTY APPRAISER MAP, THERE /S A 49.5 FOOT RIGHT OF WAY FOR CANAL NO. 2. AS PER CITY OF FORT PIERCE ASSISTANT CITY ENGINEER TRACY S. TELLE, THE NORTH 5T. LUCIE RIVER WATER CONTROL DISTRICT OWNS THE CANAL AND CITY OF FORT PIERCE MAINTAINS SAID CANAL. THERE ARE DRAINAGE STRUCTURES ENCROACHING ONTO SITE IF THERE /S NO CANAL RIGHT OF WAY. (AFFECTS REMAINING PARCEL ONL Y) SURVEYOR'S NOTES: 1. NO ATTEMPT WAS MADE BY THIS FIRM TO LOCATE UNDERGROUND UTILITIES ON/OR ADJACENT TO THIS SITE. THE APPROXIMATE LOCATION OF ALL UTILITIES SHOWN HEREON WERE TAKEN FROM AS -BUILT DRAWINGS AND/OR ON -SITE LOCATION AND SHOULD BE VERIFIED BEFORE CONSTRUCTION 2. NO ATTEMPT WAS MADE BY THIS FIRM TO LOCATE UNDERGROUND FOOTINGS OF BUILDINGS OR FENCES ON OR ADJACENT TO THIS SITE. 3. LANDS SHOWN HEREON WERE SURVEYED IN ACCORDANCE WITH FIRST AMERICAN TITLE INSURANCE COMPANY, FILE NUMBER: 2037--3333414, EFFECTIVE DATE. MARCH 26, 2015 @ 8:00 AM. SCHEDULE B -- SECTION ll NO EXCEPTIONS PROVIDED 4. BEARINGS SHOWN HEREON REFER TO AN ASSUMED MERIDIAN OF N. 43'01 '09 "W. ALONG THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD. 5. ALL ELEVATIONS ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988. ST. LUCIE COUNTY BENCHMARK • NAME. SLOAN (ELEVATION 18.779, NAVD 88) 6. LEGAL DESCRIPTION FURNISHED BY CLIENT. 7. SITE AREA (PARENT TRACT): 544062. 12 SOUARE FEET OR 12.49 ACRES MORE OR LESS PARCEL 1: 100723.94 SQUARE FEET OR 2.31 ACRES MORE OR LESS PARCEL 1 (AFTER DEDICATION): 91814.41 SQUARE FEET OR 2.11 ACRES MORE OR LESS PARCEL 2: 443338. 19 SQUARE FEET OR 10. 18 ACRES MORE OR LESS 8. THIS SITE LIES IN FLOOD ZONE X' AS SCALED AND INTERPOLATED FROM FEMA MAP PANEL NO. 12111 C-0178-J, DATED: FEBRUARY 16, 2012. 9. LIMITS OF JURISDICTIONAL WETLANDS, DITCHES, DRAINAGE WAYS, WATER FLOWS, AND/OR BODIES OF WATER, IF ANY, ARE NOT DETERMINED BY THIS SURVEY. CLIENT IS ADVISED TO CONTACT APPROPRIATE GOVERNING AGENCIES FOR POSSIBLE LIMITS OF JURISDICTION. 10. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES /S PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES SURVEYOR'S CERTIFICATION.• p-a-a-a-a TO: FAM/L Y DOLLAR STORES OF FLORIDA, INC.; SB FORT PIERCE ANGLE ROAD FDS, LLC.; DEAN, MEAD, EGERTON, BLOODWORTH, CAPOUANO & BOZARTH, P.A.; FIRST AMERICAN 77TLE INSURANCE COMPANY; AND GULFSTREAM FUNDING, LLC. THIS /S TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT /S BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REOUIREMENTS FOR ALTA/NSPS LAND 77aE SURVEYS, JOINTL Y ESTABLISHED AND ADOPTED BY AL TA AND NSPS AND INCLUDES ITEMS 1, 2, 3 4, 5, 7(a), 8, 11(a), 13 AND 16 OF TABLE A' THEREOF. THE FIELDWORK WAS COMPLETED ON FEBRUARY 26, 2016. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, ROBERT BLOOMSTER 1R. PROFESSIONAL LAND SURVEYOR NO. 4134 STA TE OF FLORIDA VRL_V%_p-p-OGA 5' QHAIN LINK FENCE °-O- 66"RCP/ STORM MANHOLE 1. CONCRETE RIM EL ".,O (� HZ4DWALL E INY EL mg, BLOOMSTER PROFESSIONAL LAND SURVEYORS, INC. L.B. yams 641 NORTHEAST SPENCER STREET JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0868 200 LEGEND ctb POWER POLE QS MANHOLE LIGHT POST WATER VALVE RRE HYDRANT SPOT ELEVA77ONS INV. INVERT EL. ELEVA77ON R RADIUS L ARC LENG7H D DELTA OR CENTRAL ANGLE CHB CHORD BEARING CH CHORD DISTANCE (C) CALCULATED (D) DEED (M) MEASURED LB LICENSED BUSINESS CPP CONCRETE POWER POLE WPP WDOD POWER POLE OE OVERHEAD ELECTRIC RCP REINFORCED CONCRETE PIPE CUP CORRUGATED METAL PIPE FFE FINISH FLOOR ELEVA77ON PB PLA T BOOK PGS PAGES) 18'_ RCP l c�rr� • �t p a ANCHOR Col MY BASWM� HOLf G17ATE EL 2LI37' ENV EL'143(i W INV EL 1&45' dANCHCR EINV EL IR8• SHEET 1 OF 1 DRAWN BY: DPK SCALE: 1 = 50 FIELD WORK COMPLETED: 2/26/2016 FELD 800K: SKETCH JOB N0. � 3411 REVISIONS DATE: DESCRIPTION: BY: 4/12/16 ATTORNEY COMMENTS DPK FA MIL Y D OL L A R S TORES OF FL ORIDA INC. ANGLE ROAD AND A VENUE 'D' FORT PIERCE, S T. LUCIE COUNTY, FLORIDA Packet Pg. 323 9.B.1.g S. CG COMMERCIAL, GENERAL. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) C. Amphitheaters. (999) d. Amusements and recreation services - except stadiums, arenas, race tracks, amusement parks. (79) e. Apparel and accessory stores. (56) f. Automobile dealers. (55) g. Automotive rental, repairs and serv. (except body repairs). (751, 753, 754) h. Beauty and barber services. (723/724) i. Building materials, hardware and garden supply. (52) j. Cleaning services. (7349) k. Commercial printing. (999) I. Communications - except towers. (48) M. Computer programming, data processing and other computer serv. (737) n. Contract construction serv. (office and interior storage only). (15/16/17) o. Cultural activities and nature exhibitions. (999) p. Duplicating, mailing, commercial art/photo. and stenog. serv. (733) q. Eating places. (581) r. Educational services - except public schools. (82) S. Engineering, accounting, research, management and related services. (87) t. Equipment rental and leasing services. (735) U. Executive, legislative, and judicial functions. (91/92/93/94/95/96/97) Packet Pg. 324 9.B.1.g V. Farm labor and management services. (076) W. Financial, insurance, and real estate. (60/61/62/63/64/65/67) X. Food stores. (54) Y. Funeral and crematory services. (726) Z. Gasoline service stations. (5541) aa. General merchandise stores. (53) bb. Health services. (80) cc. Home furniture and furnishings. (57) dd. Landscape and horticultural services. (078) ee. Laundry, cleaning and garment services. (721) ff. Membership organizations subject to the provisions of Section 7.10.31. (86) gg. Miscellaneous retail (see SIC Code Major Group 59): Drug stores. (591) Used merchandise stores. (593) Sporting goods. (5941) Book and stationary. (5942/5943) Jewelry. (5944) Hobby, toy and games. (5945) Camera and photographic supplies. (5946) Gifts, novelty and souvenir. (5947) Luggage and leather goods. (5948) Fabric and mill products. (5949) Catalog, mail order and direct selling. (5961/5963) Liquefied petroleum gas (propane). (5984) Florists. (5992) Tobacco. (5993) News dealers/newsstands. (5994) Optical goods. (5995) Misc. retail (See SIC Code for specific uses). (5999) Packet Pg. 325 9.B.1.g hh. Miscellaneous personal services (see SIC Code Major Group 72): Tax return services. (7291) Misc. retail (See SIC Code for specific uses). (7299) ii. Miscellaneous business services (see SIC Code Major Group 73): Detective, guard and armored car services. (7381) Security system services. (7382) News syndicate. (7383) Photofinishing laboratories. (7384) Business services - misc. (7389) jj. Mobile home dealers. (527) kk. Mobile food vendors (eating places, fruits and vegetables -retail). (999) II. Motion pictures. (78) mm. Motor vehicle parking -commercial parking and vehicle storage. (752) nn. Museums, galleries and gardens. (84) oo. Personnel supply services. (736) pp. Photo finishing services. (7384) qq. Photographic services. (722) rr. Postal services. (43) ss. Recreation facilities. (999) tt. Repair services. (76) uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. (999) W. Social Services: Individual and family social services. (832/839) Child care services. (835) Job training and vocational rehabilitation services. (833) ww. Travel agencies. (4724) xx. Veterinary services. (074) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. Packet Pg. 326 9.B.1.g 5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Adult establishments subject to requirements of Section 7.10.10. (999) b. Drinking places (alcoholic beverages) - free-standing. (5813) C. Disinfecting and pest control services. (7342) d. Amusement parks. (7996) e. Go-cart tracks. (7999) f. Hotels and motels. (701) g. Household goods warehousing and storage -mini -warehouses. (999) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7032) k. Retail trade: Liquor stores. (592) I. Stadiums, arenas, and race tracks. (794) M. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One (1) single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes). C. Retail trade: Undistilled alcoholic beverages (accessory to retail sale of food). d. Solar energy systems, subject to the requirements of Section 7.10.28. Packet Pg. 327 9.B.1.g T. IL INDUSTRIAL, LIGHT. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Business services. (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23. (48) C. Construction services: Building construction - general contractors. (15) Other construction - general contractors. (16) Construction - special trade contractors. (17) d. Engineering, architectural and surveying services. (871) e. Commercial fishing. (091) f. Laundry, cleaning and garment services. (721) g. Local and suburban transit. (41) h. Manufacturing: Food and kindred products. (20) Tobacco products. (21) Textile mill products. (22) Apparel and other finished products. (23) Furniture and fixtures. (25) Printing, publishing and allied industries. (27) Drugs. (283) Leather and leather products. (31) Glass: Flat glass. (321) Packet Pg. 328 9.B.1.g Glass and glassware - pressed or blown. (322) Glass products - made of purchased glass. (323) Fabricated metal prod. - except machinery and transport. equip.: Metal cans and shipping containers. (341) Cutlery, handtools and general hardware. (342) Heating equipment, except electric and warm air, and plumbing fixtures. (343) Fabricated structural metal products. (344) Coating, engraving and allied services. (347) Miscellaneous fabricated metal products: Wire products. (3495) Misc. fabricated wire products. (3496) Metal foil and leaf. (3497) Fabricated metal products - NEC. (3499) Industrial/commercial machinery and computer equipment: Metalworking machinery and equipment. (354) Special industry machinery, except metalworking machinery. (355) General industrial machinery and equipment. (356) Computers and office equipment. (357) Electronic and other electrical equipment and components, except computer equipment: Household appliances. (363) Electric lighting and wiring equipment. (364) Household audio and video equipment. (365) Communications equipment. (366) Electronic components and accessories. (367) Misc. electrical machinery equipment and supplies. (369) Measuring, analyzing and controlling instruments. (38) Photographic, medical and optical goods. (38) Watches and clocks. (38) Misc. manufacturing industries: Packet Pg. 329 9.B.1.g 1 Jewelry, silverware, and platedware. (391) Musical instruments and parts. (393) Dolls, toys, games and sporting goods. (394) Pens, pencils, and other office and artists' materials. (395) Costume jewelry, costume novelties, and notions. (396) Brooms and brushes. (3991) Signs and advertising displays. (3993) Morticians goods. (3995) Manufacturing industries, NEC. (3999) Plastic products - fabrication, molding, cutting, extrusion, and injection processing. (308) Marinas. (4493) Millwork and structural wood members. (243) Motion pictures. (78) Motor freight transportation and warehousing. (42) Repair services: Automotive and automotive parking. (75) Electrical. (762) Watch, clock and jewelry repair. (763) Reupholstery and furniture repair. (764) Misc. repairs and services. (769) n. Retail trade: Lumber and other building materials. (521) Paint, glass and wallpaper. (523) Hardware. (525) Nurseries, lawn and garden supplies. (526) Mobile home dealers. (527) Automotive/boat/RV/motorcycle dealers. (55) Gasoline service. (55) Furniture and furnishings. (57) Packet Pg. 330 9.B.1.g o. Research, development, and testing services. (873) P. Ship, boat building and repairing - less than forty-five (45) feet. (373) q. Sorting, grading and packaging services - citrus/vegetables. (0723) r. Vocational schools. (824) S. Wholesale trade - durable goods: Motor vehicle and automotive equipment. (501) Furniture and home furnishings.(502) Lumber and other building materials. (503) Professional and commercial equipment/supplies. (504) Metals and minerals except petroleum. (505) Electrical goods. (506) Hardware, plumbing and heating equipment, and supplies. (507) Machinery, equipment, and supplies. (508) Misc. durable goods: Sporting and recreational goods. (5091) Toys and hobby goods. (5092) Jewelry, watches, precious stones and metals. (5094) Durable goods NEC. (5099) t. Wholesale trade - nondurable goods: Paper and paper products. (511) Drugs. (512) Dry goods and apparel. (513) Groceries and related products. (514) Farm products - raw materials. (515) Chemicals, and allied products. (516) Beer, wine, and distilled alcoholic beverages. (518) Misc. nondurable goods: Farm supplies. (5191) Books, periodicals and newspapers. (5192) Packet Pg. 331 9.B.1.g Flowers, nursery stock and florists' supplies. (5193) Tobacco/tobacco products. (5194) Paints, varnishes and supplies. (5198) Nondurable goods, NEC. (5199) U. Mobile food vendors. (999) V. Single-family detached dwelling units provided that the single-family dwelling unit is located on an existing lot or parcel or record, as further defined in this Code, that was existing on or before August 1, 1990. (999) W. Kennels. Allowed as a permitted use only when the property is surrounded by industrial uses or zoning and is five hundred (500) feet or more from residential uses or zoning. All distance requirements shall be measured from the nearest point of the existing home or area of single- family zoning to the nearest point of the proposed kennel. X. Landscape and horticultural services. (078) Y. Personal services. (72) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Offstreet Parking and Loading Requirements. Offstreet parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Airports, landing and takeoff fields - general aviation. (4581) b. Manufacturing: Cut stone and stone products. (328) Motorcycles, bicycles, and parts. (375) Wood containers, wood buildings and mobile homes. (244/245) C. Ship, boat building and repairing (excluding ship or boat salvaging) - forty-five (45) to one hundred fifty (150) feet. (373) d. Wholesale: Petroleum bulk stations and terminals. e. Scrap and waste materials - subject to the provisions of Section 7.10.12.A. f. Kennels. (0752) Other than those permitted under Section 3.01.03 T.2.w. of the Land Development Code. Packet Pg. 332 9.B.1.g 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Co -generation facilities. (999) b. Fueling facilities. (999) C. Industrial wastewater disposal. (999) d. One detached single-family dwelling or mobile home for on -site security purposes per property (999) e. Retail trade accessory to the primary manufacturing or wholesaling use. (999) Solar energy systems, subject to the requirements of Section 7.10.28. Packet Pg. 333 9.B.1.h IN COUNTY 0 R 1 D A Environmental Resources Department Final Report TO: Jeffrey Johnson, Planning & Development Services Department THROUGH: Amy Griffin, Environmental Resources Department Director FROM: Ben Balcer, Senior Environmental Planner DATE: May 11, 2016 SUBJECT: Family Dollar RZ 420165009 & BCC_Csen 420165010 Background The Environmental Resources Department (ERD) has received the April 21, 2016 Planning and Development Services' date -stamped submittal. The applicant requests re -plat approval to divide an 11.75-acre parcel located northeast of the Angle Road and Avenue D intersection, into two (2) parcels equaling 2.25-acres and 9.50-acres. Concurrently, the applicant has requested approval to rezone the 2.25-acre parcel from Industrial Light (IL) to Commercial General (CG), to allow for the construction of a retail store. The remaining 9.50-acre parcel will retain the IL zoning classification. The site is currently vacant, with scattered concrete and exotic vegetation. Findinqs Environmental impacts for this parcel will be assessed once a specific site design is submitted. ERD will conduct further review to ensure compliance with the Land Development Code during the site plan and/or building permit review process. Recommendation ERD supports approval of the rezoning and re -plat. Please contact Ben Balcer at 772-462-2866 if you have any questions. Packet Pg. 334 CAUsers\JohnsonJ.000\AppData\Local\Temp\MinuteTraq\stluciefl@stluciefl.IQM2.com\WorkWttachments\-1.docx ST. LUCIE COUNTY 9.B.1.i Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.orq/planning/planning.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Tvpe rcheck each that applies Site Plan Rezoning 3 ❑ Major Site Plan Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment 7 EV Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 ❑ Appeal of Decision by Administrative Official10 ❑ Eminent Domain Waiver" Application Supplement Packaaes 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 a Packet Pg. 335 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: e `nn+ ria. Supplemental Application Package-Mo.: (Please provide separate fee calculation worksheet for each application type) d BASE REVIEW FEE: 2/ CONCURRENCY FEE: ERD REVIEW FEE: d UTILITIES M PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER SUBTOTAL OF BASIC FEES: [4 PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: ,fie' Date of Pre App: BALANCE OF FEES DUE: $ SC (B) $ 1 '5c) (C) $,��.� $( .7 ) deduction $ � 2—M. c5o I 9.B.1.i I SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 31 party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. ire District and proof of payment will be required prior to project approval. Pre -Application Meeting�Regi st Applicant Name (Printed) Signature o p icant (For office use only) INTAKE REVIEWER - SIGNATURE VERIFIED BY - SIGNATURE File Number: Page 2 of 6 Revised May 14, 2015 DATE DATE Number: a Packet Pg. 336 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division I 9.13.1.i I Application Type: Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) W/ BASE REVIEW FEE: $ ° . (A) ❑ CONCURRENCY FEE: $ (B) ❑ ERD REVIEW FEE: $ (C) ❑ UTILITIES $ PER ACREAGE CHARGE: S (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES: $ ❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ I, .A-�4� cf� SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (if Applicable) • Additional fees will be due if a 31 party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting u Applicant Name (Printed) Sig ure of appli nt (For office use only) INTAKE REVIEWER - SIGNATURE VERIFIED BY - SIGNATURE File Number: Page 2 of 6 Revised May 14, 2015 DATE DATE Receipt Number: Packet Pg. 337 9.B.1.i Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: l Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) E Aerial Photograph — property outlined (available from Property Appraiser's office lZ Property Deed Legal description, in MS Word format, of subject property d Property Tax Map — property outlined (electronic copy not required) d Survey (24x36) CJ� 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) Concurrency Deferral Affidavit; or Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ElSite Plan 24"x36" at a scale of 1 "=50' (12 copies- folded, not rolled) ❑ Boundary Survey (2436) — Signed and Sealed (12 originals) ❑ Topographic Survey (24x36) — Signed and Sealed (12 originals) ❑ Landscape Plan —Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Fi al Plats only require 2 CDs (follow specifications above) & 4 copies of the following: Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ' ❑ Plat - Include extra copies of Plat for applicable conditions of approval Four (4) Original Molars are due following final staff review. *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised May 14, 2015 c 0 Q a a c a) E Q. 0 W m 0 00 aj r_ W E U n: r Q Packet Pg. 338 9.B.1.i Project Information Project Name: Fayn i 6 LA Dot lar - Anrle. Rom' Site address: ?J 2 A-ye-n U.e 0 FoY+ P i e rce, EL -j 9 914-7 Parcel ID Number(s): 2400- 2i1- 000E- 000- 3 Legal Description: (Attach additional sheets if necessary - also must be provided in MS Word format on CD) Reeler -tv�-�Gh-eA Property location - Section/Township/Range: 5'0 -1' 5 S 9.40E Property size - acres:a as AG Square footage: �'1 �i 04 4 5 F Future Land Use Designation: T)� wlf Zoning District: 1L. - ln i�LkSrh�B O -L L (.1t" Description of project: (Attach additional sheets if necessary) GL Ge GI,-i�� i mjgp o urrc Y v-tt b . e • S' D ►' i" `JVI , 420-Y ICE ►'s bc& Type of construction (check all applicable boxes): l� Commercial Total Square Footage: Existing N A 0 Industrial Total Square Footage: Existing ❑ Residential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): Nt1A Page 4 of 6 Revised May 14, 2015 Proposed: 8, 2.4-7 Proposed: Proposed: Proposed: Packet Pg. 339 9.B.1.i SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Provertv Developer): Agent Information: Business Name: St3 Fix& Pi&c4 6tir, FCG. Business Name: -ri05 Name: 6WrJVE ccc Name: O-oXtC6 AIXH05 Address: toG5 �E!�r �i /sc + Address: (05 C 0KIan" �~ �2 So LIOAAD32 ®3 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 4D2.fj�t- 2Phone: 2.(, 1 L Fax: 4 — Gt'S 'd Fax: e Co fie4 953' Email: %1%1 n�-?��-���,� �l-�c�s . CZYVI Email: h hP�'J,n �-? j12Er1PUS • &TWI Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. Property Owner Signature Mailing Address: / i`% A. I, i , r.P' Q r/. ,/ y Aeo,Ca�•�t�4 Property wner Name (Printed) Phone: 1% L -/ Z? If more than one owner, please submit additional pages STATE OF i d a , COUNTY OF _LA.11 I . rd + The foregoing instrument was acknowledged before me this �3 day of rGcG�► 20 by b�'��(��Nt Z QN who is personally known to me or who has produced as identification. k�tal J— ( `A L GCE Signatur Type or Print Name of Notary Commission Number (Seal) Page 5 of 6 Revised May 14, 2015 gsl N G.�O�a19Tki Q ` ► V : TARYen: --R* PUBLIC } r� '•A'FF2016' N p�-=��w OF�ga a Packet Pg. 340 cy— < C)f W 0 In z < 2 w (Dry 0 0 r a- ry EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3261554 OR BOOK 3019 PAGE 944, Recorded 10/01/2008 at 09:49 AN Doc Tax: $0.70 , C I P Ck.- U 17 C! V I L IN THE CIRCUIT COURT OF THE 19"'' AMICIAL CIRCUIT IN AND 17OR ST. LUCIE COUNTY. FLORIDA CASL NO. 562006CAU02643AXXXHC (MO MANGO BAY PROPERTY AND INVESTMENTS, INC.. a Florida Curl)oratlonl Plaintiff, cr% (i k J CAPI VAL INVI.S'l MEN I'S, 1.A—C- 1:10ridii hinitcd liability company, 617 RGE l'ORTf R. -o M.. M gU1,111,111101% GEORGE ' PORTER, 111. as guaratilor. 11ORTER AND SONS TRUCKING, an tmincurporated lictifiowi name bN and through GFORGE PORTER, JR. and 61:01ME PORTER, 111. as real parties in interest. g1larafflor. Defendants. CERTIFICA'n," OF TITLE The undersigncd CIvrk of the Court certifies 111.1t She CXCCLIted and filed I CertiliCale of Sale in this action on _-.qEp7jml;r1t 11, 2nng . for the property described hereinand iliat no objections to the sale have been filed within the time allowed for filing objections. The 60110NA'ing property in St. Lucie County, Florida: Sec kxhibit A. B. ('&- 1.) 2008, NVAS SOLD TO: ANGLE -MP&9T1ES--.LLC. -----360(LJFAU 10MJnM- - RATQN- In. TAA311 WITNESS MVIIAND AND SEAL OF THE COURT on this 26 dayofnnzan, EDWIN M. FRY, JR. , C'l- F R K OF Tli I -' CIRCUIT COURT Deputy Clcrk Description: St Lucle,FL Document - Book.Page 3019.944 Page: I of 5 Order: Dean Mead Comment: I Packet Pg. 342 1 9.B.1.i LEGAL DESCRIPTION: PARENT TRACT PER ORB 1772, PG 570: A PORTION OF LAND LYING IN THE N 1/2 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR STATE ROAD 607A (ANGLE ROAD) AT THE NORTH LINE OF SAID SECTION 8; THENCE ALONG THE NORTH OF SAID SECTION 8, SOUTH 89057'03" EAST TO THE EAST RIGHT OF WAY OF STATE ROAD 607A FOR 68.44 FEET; THENCE ALONG SAID EAST RIGHT OF WAY, SOUTH 43°01'09" WEST TO THE SOUTH RIGHT OF WAY LINE OF AVENUE 'E' FOR 47.91 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89°57'03" EAST FOR 897.0 FEET TO THE POINT OF BEGINNING; THENCE, FROM THE POINT OF BEGINNING CONTINUING SOUTH 89°57'03" EAST TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 8 FOR 659.74 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF SOUTH 00012'23" WEST TO THE NORTH RIGHT OF WAY OF AVENUE 'D, FOR 596.33 FEET; THENCE ALONG SAID NORTH RIGHT OF WAY OF SAID STATE ROAD NO. 607-A FOR 999.59 FEET; THENCE ALONG THE EAST RIGHT OF WAY OF STATE ROAD 607-A, NON -RADIAL CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS 1927.08 FEET, AN ARC LENGTH OF 75.90 FEET, A CENTRAL ANGLE OF 02015'23", A CHORD BEARING OF NORTH 41053'27" WEST AND A CHORD DISTANCE OF 75.89 FEET TO A TANGENT LINE; THENCE NORTH 43001'09" WEST FOR 348.33 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89057'03" EAST FOR 628.47 FEET; THENCE NORTH 00°22'17" EAST TO SAID SECTION LINE FOR 285.56 FEET TO THE PLACE AND POINT OF BEGINNING. CORRECTIVE PARENT TRACT: A PARCEL OF LAND LYING IN THE N 1/2 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR STATE ROAD 607A (ANGLE ROAD) AT THE NORTH LINE OF SAID SECTION 8; THENCE ALONG THE NORTH OF SAID SECTION 8, SOUTH 89057'03" EAST TO THE EAST RIGHT OF WAY OF STATE ROAD 607A FOR 68.44 FEET; THENCE ALONG SAID EAST RIGHT OF WAY, SOUTH 43001'09" WEST TO THE SOUTH RIGHT OF WAY LINE OF AVENUE 'E' FOR 47.91 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89057'03" EAST FOR 897.0 FEET TO THE POINT OF BEGINNING; THENCE, FROM THE POINT OF BEGINNING CONTINUING SOUTH 89057'03" EAST TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 8 FOR 659.74 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF SOUTH 00012'23" WEST TO THE NORTH RIGHT OF WAY OF AVENUE 'D, FOR 596.33 FEET; THENCE ALONG SAID NORTH RIGHT OF WAY OF SAID STATE ROAD NO. 607-A FOR 1002.63 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD, SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST TO WHICH A RADIAL LINE BEARS SOUTH 50030'27" WEST, HAVING A RADIUS 1990.08 FEET, AN ARC LENGTH OF 120.65 FEET, A CENTRAL ANGLE OF 03031'36", A CHORD BEARING OF NORTH 41015'21" WEST AND A CHORD DISTANCE OF 120.63 FEET TO A TANGENT LINE; THENCE NORTH 43001'09" WEST FOR 348.33 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SOUTH 89057'03" EAST FOR 628.47 FEET; THENCE NORTH 00022'17" EAST TO SAID SECTION LINE FOR 285.56 FEET TO THE PLACE AND POINT OF BEGINNING. FAMILY DOLLAR STORE: A PARCEL OF LAND LYING IN THE N 1/2 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR STATE ROAD 607A (METZGER ROAD) AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ON THE NORTH LINE OF SAID SECTION 8; THENCE S.89°57'03"E., FOR 68.44 FEET; THENCE S.43°01'09"E., ALONG THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD & THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD FOR 438.79 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE S.89°57'03"E. FOR 342.00 FEET; THENCE S.43001'09"E., FOR 273.61 FEET; THENCE S.00°02'27"W. FOR 111.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF AVENUE 'D'; THENCE N.89°57'33"W., ALONG SAID NORTH RIGHT OF WAY LINE, FOR 243.31 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE THE SOUTHWEST THAT BEARS S.50°45'41"W., TO THE CENTER OF SAID CURVE, HAVING FOR ITS ELEMENT A RADIUS OF 1960.08 FEET AND A CENTRAL ANGLE OF 3031'36"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 120.65 FEET TO A POINT OF TANGENCY; THENCE N.43°01'09"W., A DISTANCE OF 301.56 TO THE POINT OF BEGINNING. FAMILY DOLLAR SITE, LESS THE PROPOSED RIGHT OF WAY TAKING: A PARCEL OF LAND LYING IN THE N 1/2 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE END OF SURVEY BASE LINE STATION 135 + 71.38 FOR STATE ROAD 607A (METZGER ROAD) AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, Q Packet Pg. 343 9.B.1.i ON THE NORTH LINE OF SAID SECTION 8; THENCE S.89057'03"E., FOR 68.44 FEET; THENCE S.43°01' ALONG THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD & THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD FOR 438.79 FEET; THENCE S.89°57'03"E. FOR 25.33 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE S.89°57'03"E. FOR 316.88 FEET; THENCE S.43°01'09"E., FOR 273.61 FEET; THENCE S.00°02'27"W. FOR 106.00 FEET; THENCE N.89°57'33"W., FOR 223.47 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE THE SOUTHWEST THAT BEARS S.50045'41"W., TO THE CENTER OF SAID CURVE, HAVING FOR ITS ELEMENT A RADIUS OF 1978.58 FEET AND A CENTRAL ANGLE OF 3046'50"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 130.56 FEET TO A POINT OF TANGENCY; THENCE N.43°01'09"W., A DISTANCE OF 284.27 TO THE POINT OF BEGINNING. Q c 0 Q a a r- E 0. 0 a� m 0 00 of r- w E z u 2 r Q Packet Pg. 344 9.B.1.i m CY 2 v N N 0 rn 0 p O O O V W Cn O O OW to N rn N U1 v 0 0 0 V n� 3. 3 N 37TH ST y Zi C� i t L N 37TIl ST F N n try ;c c N 35TH ST CD C r■ C 0 CD" O C E4 0 .Q a E 0. 0 a`� r m Gj C N E t V fC a+ Q Packet Pg. 345 9.B.1.i St. Lucie County Concurrency Deferral Affidavit I, 665 �� , residing or doing business at (abs- Le (CXVAe Name Street %;rtacipo C7_ , � J?01 , (4 0-1) 2 2fof 0 City State Zip Phone n have applied for a 9ceZC.;, i iAL� ti �,c �- LxJ o� Rfrom St. Lucie County, Florida, Type of Development Order St(Z'�C_ for the following project:����������v� Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: Date: Z� 2-� Applicant �m��� STATE OF FLORIDA S(3 jFCr�E i�l-Pr� ' - Le t'�f o COUNTY OF `)n(Ltw The foregoing instrument was acknowledged before me this 2 a day of 120 AC , by CiIW_11 1 �'I 1�1� who is personally known to me or who has produced as identification. I Signature of Ngta �C1���/� Commission Number Page 1 of 1 Revised: April 1, 2008 Jir Type or Pri it Name o otary (Seal) •"i►�TYoa ••• i:� •; HILLARY HFPP .o� ' MY COMMISSION .iF•r t 49465 ••.!ta;f..�'?.° EXPIR ES Aug: , ;o. 2(i -�.. (407) 398-0153 FloridallotarySc, 0 .Q a a c m E 0. 0 a� m m aj r_ W E t V 2 r Q Packet Pg. 346 9.B.1.i St. Lucie County Concurrency Deferral Affidavit �_.1, I, . jjAcvt,l Jt`1r 1 n'_�Ckf 1 , residing or doing business at I G1 `1 `1 Name, Street J t'41 — City State Zip Phone have applied fora T'ti: c.� �t.=1 1N 1'vc,�; ���from St. Lucie County, Florida, Type of Development Order for the following project: sk-cce_ Name of Proposed Development S `_;L,-1 %i� t f=t.•.� i—'c:c l {. E G, C .t .0 I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. 1 further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: Dater STATE OF FLORIDA COUNTY OF c (, / The foregoing instrument was acknowled ed before me this �r day of fr � , 20-&, by _ 9&14`Yhr� who is personally known tome or who has produc as identification. Signature of Notary Type or Print Name of Not Commission Number Page 1 of I Revised: April 1, 2008 Q Packet Pg. 347 9.B.1.i Supplement 3 Rezoning/Amendment to the Official Zoning Atlas Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details Current Zoning: T L J4- c(054r'e-1 USA Current Future Land Use: T � Proposed Zoning: c6_ &mwkrC1k C�e,,"klAcreage of the area to be rezoned: z.Zs' acted 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC. C'W'e-'Vt'Kj4 i's 40f- I j, "C'Wire -t- U-Af r . Q t-Cenr 06 e(&1 n,� 4r &dQ (LDC), 2. Please give a statement describing any changed conditions that would justify a rezoning: 11dd('h21J r-cgf( '*' Ll 6kief00,� a.-O—co 44 p-6t t rrFcjr�� res 4le— 3CfvYlve,, rrdt c.4 r c 4e t 1 '5erV ('e-L?. - l�e Pave e-.r d h, 3. Please state why there is a need for the proposed rezoning: ZrS v��r�c� 6t, 54cfeS c 0 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan: a C. 4J - C '. � 1�. ` �` C-) Z V a� � rrt i S a t (.-- �-ect d 111 V C E 2 LCy c 1.-t.e —<A. c =e �. (, P Q. t...� c. v �S � � ( 2 a� 0 5. Please give a statement outlining the extent to which the proposed amendment: _ A) Is compatible with existing land uses; o0 '-A,es, ()r�qk �e&j hots G. to, vies. rekai Ose cAA4ke FvbpoSkj c z Si� �il� t l�l��\S�✓l� �`(Ll C`J6fC6'1T t,S Page 1 of 2 Revised: May 27, 2010 Packet Pg. 348 9.B.1.i Supplement 3 B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical service; (-fit\ irv'?ac�s -to pt'r ks, dr4',a (, sd a(5, ="' U Ck V\.Ci eOAtno) e^c,3 CVI.0 J ,,.t k aut bee,, c o "S A-O-O tZ, 6u-t4' &Wl (.C'VA C-^C# Stu ff 1�ve t LWLeY�Cu^1 Q'6 4, J6 0'-' r":Q_ "i l" S C) Affects the natural environment; (If no adverse impacts expected, please state why.) t u�nPc,z,�uvart; Prow-\ ri�a�e� c crc4 iroS. D) Will result in an orderly and logical development pattern; LktS . CL,\,CK i t e V se s &\CN- pit' ° e c•r� o� � ru�s� on �$ ?"ecseck use WA he Oetcowect IL) E) Will adversely affect the property values in the area; �e pVD?cse.ck M 2a r1 t q-15 c u\a vs.e W ; tt a c"ILC S ivy - -C O-M& . 6. Please explain the applicant's interest in the subject property; 4v- pQvcL a -,t. o � {V., to V'e 7. Please include such other information or documentation that may be deemed necessary or appropriate to a full and proper consideration and disposition of this particular application. V-4s hacl c;.l-5LOs1 AU '"ZCNtiO]^tL-j W4LS be-e' , pos'k4; of a J Please Note: This Rezoning Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all land owners, giving their consent to the filing of this application and supplement. o0 S � LLC'' 9 fC Applicant or Agent Name (Printed) Sign aCure a Page 2 of 2 311" � QLt�fv1 Revised: May 27, 2010 p-e LS 'C rt -1•4 Packet Pg. 349 9.B.1.j BOARD OF COUNTY COMMISSIONERS Public Hearing Date: March 7, 2017 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Angle Properties, LLC 7999 N. Federal Highway Suite 101 Boca Raton, FL 33487 Agent Barrios Engineering Carlos Barrios 605 Delaney Ave, Suite C Orlando, FL 32801 Property Location Northeast corner of Angle Road and Avenue D Existing Zonin_q IL (Industrial, Light) Proposed Zoning CG (Commercial, General) Future Land Use IND (Industrial) Staff Recommendation Approval ......... x l Famlfy Oo ar Reaen np ,.� :� RtaAff6pp9 ` location '. , .....� ' .' �rj/ 1 i %r t PUBLIC HEARING NOTICE TUESDAY, MARCH 7, 2017 AMENDMENT TO THE OFFICIAL ZONING ATLAS RZ 420165009 Legend 500RNoti`ica[ion Area S b�ec: Property Farces Mhn 500 R notifca6or. area You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Public Hearing Description The applicant, Angle Properties LLC is requesting an Amendment to the Official Zoning Atlas from IL (Industrial, Light) to CG (Commercial, General) for a +/- 2.11 acre portion of a +/- 12.29 acre parcel located at the northeast corner of Angle Road and Avenue D. The applicant is in the process of submitting a Minor Site Plan for a proposed approximately 8,300 s.f. retail discount store (Family Dollar) on the 2.11 acre portion. The zoning change to CG (Commercial, General) is required to allow this proposed retail use. Planning and Zoning Commission The Planning and Zoning Commission met on July 21, 2016 and recommends unanimous approval of the petition. The Board of County Commissioners has the power to review and grant approval/ disapproval any applications within their area of responsibility. All interested persons will be given an opportunity to be heard. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department (PDS), Planning Division at least 3 days prior to the scheduled hearing. Further details are available in the PDS Department, Planning Division - please contact: Staff Jeffrey Johnson, Senior Planner Phone 772-462-1580 Email JohnsonJ@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Packet Pg. 350 PLANNING AND ZONING COMMISSION Public Hearing Date: July 21, 2016 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Angle Properties, LLC 7999 N. Federal Highway Suite 101 Boca Raton, FL 33487 Agent Barrios Engineering Carlos Barrios 605 Delaney Ave, Suite C Orlando, FL 32801 Property Location Northeast corner of Angle Road and Avenue D Existing Zonin_q IL (Industrial, Light) Proposed Zonin_g CG (Commercial, General) Future Land Use IND (Industrial) Staff Recommendation Approval Local on PUBLIC HEARING NOTICE Thursday, July 21, 2016 Amendment to the Official Zoning Atlas RZ 420165009 Legend N SOON, Not: `rcaE.-Area H (t Sub,eo: ProP—y - N1 P.,-:. Mhn 500 ft noliftc vw area Vsp prepared June 6, 2016 You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Public Hearing Description The applicant, Angle Properties LLC is requesting an Amendment to the Official Zoning Atlas from IL (Industrial, Light) to CG (Commercial, General) for a +/- 2.11 acre portion of a +/- 12.29 acre parcel located at the northeast corner of Angle Road and Avenue D. The applicant is in the process of submitting a Minor Site Plan for a proposed approximately 8,300 s.f. retail discount store (Family Dollar) on the 2.11 acre portion. The zoning change to CG (Commercial, General) is required to allow this proposed retail use. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the Board of County Commissioners for approval or disapproval, any applications within their area of responsibility. All interested persons will be given an opportunity to be heard. Written comments to the Planning and Zoning Commission should be received by the Planning and Development Services Department (PDS), Planning Division at least 3 days prior to the scheduled hearing. Further details are available in the PDS Department, Planning Division - please contact: Staff Jeffrey Johnson, Senior Planner Phone 772-462-1580 Email JohnsonJ@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Packet Pg. 351 9.B.1.j ME 0 of LO — O - N N ` ry L D z z w w Q Q w 1S1S z 1Lw poop W z i .�.irr♦ w Z) z Z) z w 1 Packet Pg. 352 1 9.B.1.j 00 N a Tm O ko LD1-4 y_ CI° N y m N m D[ R w � >_ Cu p Cu Y m m Q o Q Ew a m O LL D. o E Oa Q C LL- _ w Q C O O n n O n n O m oo O m r N O of Ln O LO n 0 .I .••L ID n 0 LD n O n m O n n n n N V n O n 0 ♦�.. Lo Ln a V 0 V a Ln O V Ln Ln N. 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LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA March 7, 2017 NOTICE OF PROPOSED AMENDMENT TO THE OFFICIAL ZONING ATLAS (REZONING) The St. Lucie County Board of County Commissioners proposes to consider the adoption by resolution. RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FOR 2.11 (MOL) ACRES OF PROPERTY FROM IL (INDUSTRIAL, LIGHT) TO CG (COMMERCIAL, GENERAL). APPLICANT/OWNER: Angle Properties, LLC FILE NUMBER: RZ 420165009 PURPOSE: To change the zoning from IL (Industrial, Light) to CG (Commercial, General) for a +/- 2.11 acre portion of a +/- 12.29 acre parcel. The subject portion of property is located at the northeast corner of Angle Road and Avenue D. PARCEL ID NUMBER: 2408-211-0001-000-3 The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Form No. 07-08 Packet Pg. 355 9.B.1.j Avenue, Fort Pierce, Florida on Tuesday, March 7, 2017 beginning at 6:00 p.m. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department — Planning Division offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioner are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manger at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ CHRIS DZADOVSKY, CHAIRMAN PUBLISH DATE: February 17, 2017 Send Bill to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, Florida 34982 Phone (772) 462-1585 Fax (772) 462-1581 Form No. 07-08 Packet Pg. 356 9.B.1.j for adoption by the Board of Gdunty Commissioners of St. Lucie County, Florida, b resolution RESOLUTION A RESOLUTION OF THE BOA10lD ,69 COUNTY COMMISSIONERS OF S.T, LUGiI COUNTY AMENDING: THE OFFICIAL. ZONING ATLAS; FOR,2.11 (MOL) ACRES Oi PROPERTY FROM IL(INDUSTRIAL, LIGHT) TO CG (COMMERCIAL, GENERAL). APPLICANT/OWNER: Angle Properties, LLC FILE NUMBER: RZ426165009 PURPOSE: To change the zoning from='IL Ylndustrial, Light) to CG (Commercial, General) fora;/- 2.11 acre portion: of a f/- 12.29 acre parcel. The subject portion of property is located at the northeast corner of Angle Road and Avenue D. PARCEL ID NUMBER: 2408-211-00Q1 000-3 # j 1 775f�-R242D195F09' 4 .Ke The Planning and Zoning Commission public hearing on this item will be held in -the Commission Chambers, Roger-Poitras Annez, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce; Florida on Thursday, July 21 2016 beginning at 6:00 P.M. or as soon thereafter as, possible. All interested persons will be given an opportunity to be' heard: Written comments re- ceived in advance of the public hearing will also be considered::.lNritten.comments to the Planning and Zoning Commission should be received by the Planning and Development Services Department - Planning Division at least 3 days.prior to the scheduled hearing: The petition file is available for review the Planning and Development Services N- partment offices located at'230D Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772),462-2822 or TDD (772) 462-1428 if you have any questions or require additional information. The St. Lucie County Planning and Zoning Commission, has the power to review and recommend to 'the St Lucie County -Board of County.Commssioners, for approval or disapproval, any applications within their area of responsibility,.,. ; The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO Section 288 0105, Florida Statutes,- if a person decides to appeal any decision made.by the `Planning' and1oning Commission with; respect to'any matter con- sidered, at a meeting or hearing; he or she will need record of the proceedings For such purpose, he or she may -need to ensure that a verbatim record of the proceedings is made, which record includes the testimony anal evidence upon which the appeal, is to be baseds Upon the request of any partyto.the. proceeding, individuals.testifying during a hearing will: be sworn in. Any partyto the proceeding will be granted an opportunity to cross-examine, any individual testifying during.a hparing,upon request. If it becgmes necessary, a public hearing 4 may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meetmg'should contact the St: Lucie County:'Community Risk Manger at least forty=eight (48)'hours' prior to. the meeting ,at (772) 462-1546 or TD.D. (772) 462-1428. Any questions about this agenda may be"referred to St. Lucie County�Planning. Division at (772)`462-2822. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/ STEPHANIE MORGAN,:CHAIR PUBLISH DATE: July 5, 201$ O r. a c O' N .v O O c d c d Q U J J Q IL` 2 a 0 M ti 0 N Cn W OC N C 0 :~ O z a� c m 2 B O a 00 ei c m E z 0 M Q 0 _ P k t P 357 ac a U. 10.A.1 ITEM NO. (ID # 4202) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE 03/07/2017 *REGULAR AGENDA\COUNTY ATTORNEY South Florida Water Management District Environmental Resources Permit Modification No. 13-05321-P - All Aboard Florida - Litigation Update On June 17, 2014, the Board adopted Resolution No. 14-091 opposing the plans proposed by All Aboard Florida (AAF). A copy of the Board's resolution is attached. As indicated in the Resolution, the Board was and is concerned about the significant public health, safety, and welfare concerns resulting from the AAF plan. As the Board is aware, St. Lucie County has focused its efforts on making sure that any negative effects of the proposed AAF project are eliminated in two main areas (1) vehicular/pedestrian safety at crossings and (2) environmental impacts including impacts to water quality and wetlands. As a result of those concerns, the Board engaged experts and provided comments to the Federal Railroad Administration (FRA) both as part of the Environmental Impact Statement process and otherwise. The County's efforts (along with the efforts of other local governments) resulted in the following safety improvements to the AAF as outlined in a memorandum dated September 6, 2016 from the County's Public Works Director, a copy of which is attached: Quad gates were recommended at 13 crossing locations in the Triad Safety Report, but quad gates were shown at only 4 crossings on the original 90% Plans, and an acceptable alternative design using 2 or 3 gates with long medians was shown at 2 other crossing locations. AAF added 4 Quad gates to two additional crossings and long medians to two more crossings when it issued the 100% Plan. Vehicle Presence Detection (VPD) is remote sensing technology that alerts the train operator when a vehicle is stuck between the gates and is in the path of the approaching train. VPD was not included at any crossings on the original 90% Plans, but was shown at 13 crossings on the 100% Plans. Issues remain about how the VPD systems will be configured and the level of protection they will control. The Triad Safety Report recommended VPD for 15 crossing locations. Remote Health Monitoring (RHM) is a software technology that alerts the train control network when a crossing signal is not operating properly or is non-functional. This safety feature was recommended in the Triad Safety Report for all crossings, but was not shown on the 90% Plans. Packet Pg. 358 10.A.1 Based upon analysis and discussions with the Federal Railroad Administration (FRA), we have been assured Remote Health Monitoring will be provided in the Train Control System that AAF proposes to utilize for the entire AAF Project. However, concerns remain regarding how AAF intends to configure the RHM technology and the level of protection it will provide. The Train Control system also provides "Positive Train Control", a safety feature that prevents train collisions between freight trains and passenger trains that share the same track. Challenge to South Florida Water Management District Environmental Resources Permit Modification On August 19, 2016, the South Florida Water Management District ("District") issued Environmental Resources Permit Modification No. 13-05231-P to All Aboard Florida Operations, LLC and Florida East Coast Railway, LLC. The Environmental Resource Permit authorized construction and operation of a Stormwater management system to serve railway facilities known as All Aboard Florida North South Rail Corridor Segment D09 which is located in Palm Beach, Martin and St. Lucie Counties. The railway facilities are part of a 235 mile intercity passenger railroad system proposed by All Aboard Florida ("AAF") that will connect Orlando, Florida and Miami, Florida with intermediate stops in Fort Lauderdale and West Palm Beach. During the permit review process St. Lucie County staff along with Martin County staff provided technical review comments to the District. Martin County and St. Lucie Counties also utilized the firms of Oertel, Fernandez, Bryant & Atkinson, P.A. and Passarella & Associates, Inc. to assist in the technical review of the proposed permit. The review indicated that AAF did not demonstrate that water quantity, quality, and ecological adverse impacts will not occur, and did not satisfy the public interest test, as required by the Florida Statutes and District rules. A letter dated July 20, 2016 to the District from Segundo J. Fernandez, Esq. included the reviews and assessments of the counties' staff and consultants. Unfortunately the District permit did not fully address these comments so that from a County staff and consultant perspective the District should not have issued the permit. The Martin County Board of County Commissioners authorized the filing of a request for administrative review of the District's agency action and agreed to pay half of the costs of a consolidated administrative proceeding. Attached is a memorandum dated September 1, 2016 from our outside counsel, Mr. Fernandez, which outlined specific objections to the District's issuance of the permit and the objectives to be achieved by the recommended course of action. On September 6, 2016, the Board authorized the filing of a request for an administrative proceeding on the AAF Environmental Resource Permit as recommended by the County's special counsel. The Board also approved sharing the costs of the proceeding with Martin County and increased the AAF expense fund by $100,000.00 based on the estimate given by the County's outside counsel. The County filed the request for an administrative proceeding on September 14, 2016. After the filing of the request, the Counties attempted to obtain an early resolution of AAF's claim that most of the AAF project is exempt from permitting. Unfortunately the attempt at early resolution of the exemption issue was not successful. As a result the parties have engaged in discovery including deposition of potential witnesses which was far more extensive than originally contemplated. Updated: 3/6/2017 4:42 PM by Asheley Hepburn Page 2 Packet Pg. 359 10.A.1 Interestingly, after the Counties filed the request for an administrative proceeding and during the course of discovery, AAF modified its plans to address some of the Counties' concerns as identified by the County's Public Works staff as follows: Sidewalks with pedestrian safety gates have been added to the Harbor Branch University Crossing location. This is a safety improvement. Sidewalks with pedestrian safety gates have been added to the Chamberlain Boulevard Crossing location. This is a safety improvement. Quad Gates have been added to the Tarmac Road Crossing as requested. This is the entrance road to the St. Lucie Village Marina. This is a safety improvement. Quad gates have been added to the Fisherman's Wharf Crossing as requested. This is the entrance road to the Port of Fort Pierce. This is a safety improvement. The substandard median divider has been removed from Midway Road Crossing and Quad Gates have been added. This is a better design for safety. The substandard median divider has been removed from Walton Road Crossing and Quad Gates have been added. This is a better design for safety. 10' wide concrete multiuse paths with pedestrian safety gates have been added to the Midway Road Crossing location. This is a safety improvement. 10' wide concrete multiuse paths with pedestrian safety gates have been added to the Walton Road Crossing location. This is a safety improvement. In addition, AAF has revised the Crossing Plans so that most of the proposed improvements are now positioned within the railroad right-of-way. According to the County's railroad consultant Triad Railroad Consulting, LLC, preliminary estimates of the value of the safety improvements added by AAF in St. Lucie (after receipt of the 90% plans and including the crossing plan modifications referenced above) is a range of $2,760,000.00 to $3,962,000.00. There are, of course, intangible benefits from the added safety improvements (i.e. avoidance of injuries/deaths) that cannot be quantified. Litigation and Administrative Law Judge Orders The litigation has taken longer than initially predicted. The discovery process has been very difficult, including AAF's delays in identifying witnesses, producing documents, identifying the documents it has produced, and in resisting the counties' efforts to conduct environmental pollutants site sampling along the FECR ROW. Further, it was learned in a deposition of the AAF corporate witness that AAF submitted additional plan documents to SFWMD in October. AAF then submitted additional documents to the District in January. These plans and documents must be reviewed by the District, and resulted in the cancellation of the February and April hearing dates. As of today, the SFWMD has not complete its review of the new AAF plans, so it is unknown at this time how those new plans will be viewed by the District and/or incorporated into the agency's proposed agency action on the AAF ERP permit. The new plans and documents will also necessitate additional depositions and document production which will have to be Updated: 3/6/2017 4:42 PM by Asheley Hepburn Page 3 Packet Pg. 360 10.A.1 incorporated into the final hearing preparation. The Administrative Law Judge issued two orders which will impact the proceedings. The first order entered required the parties to attend mediation to attempt to resolve the remaining issues. The mediation has been scheduled for March 15 and 16 in West Palm Beach. The parties have agreed to suspend discovery pending the results of the mediation. As a result of the new plans submitted by AAF and at the request of the parties, the Administrative Law Judge cancelled the hearings scheduled for February and April and issued a new order scheduling the final hearing during a two week period in late May and early June in 2017. Cost of Litigation With regard to the protected cost of the litigation, Mr. Fernandez originally estimated St. Lucie's share of the cost would be between $200,000.00 to $250,000.00 including the cost of experts. As a result of the extensive discovery and the need for a two week hearing, Mr. Fernandez now estimates that St. Lucie's share of the litigation will be approximately $500,000.00 which will require the Board to increase the existing AAF expense fund by $250,000.00. The Board initially authorized an allocation of $500,000.00 In FY 2015 and subsequently increased the allocation by $100,000 FY 2016. This action will result in an increase of $250,000.00 and total contributions to the AAF expense fund of $850,000.00. PREVIOUS ACTION: On June 17, 2014, the Board adopted Resolution No. 14-091 opposing the All Aboard Florida Project as then constituted. On September 6, 2016, the Board authorized the filing of a request for administrative proceeding on the All Aboard Florida Environmental Resource Permit as recommended by the County special counsel. FINANCIAL IMPACT: Upon approval of this agenda item, staff will transfer $250,000.00 from General Fund Emergency Reserves Account No. 001-9910-599301-800 to Other General Government Services - Professional Services Account No. 001-1900-531000-1935. RECOMMENDATION: Staff recommends that the Board direct staff to increase the existing All Aboard Florida expense fund by $250,000.00 from the account set out above. COMMISSION ACTION: Updated: 3/6/2017 4:42 PM by Asheley Hepburn Page 4 Packet Pg. 361 10.A.1 Coordination/Signatures ianiiey'S. McIntyre, CAtorney 3/7/2017 Updated: 3/6/2017 4:42 PM by Asheley Hepburn Page 5 Packet Pg. 362 10.A.1.a RESOLUTION NO. 14-091 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ACKNOWLEDGING AND IDENTIFYING SIGNIFICANT PUBLIC HEALTH, SAFETY AND WELFARE CONCERNS RESULTING FROM THE "ALL ABOARD FLORIDA" PLAN; URGING LOCAL, STATE AND FEDERAL OFFICIALS TO ASSIST ST. LUCIE COUNTY IN MITIGATING SAID CONCERNS; OPPOSING THE AAF PLAN AS CURRENTLY PROPOSED; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Florida East Coast Industries ("FECI") is developing a privately owned, operated and maintained high-speed passenger rail service named All Aboard Florida ("AAF") that will travel between Miami and Orlando with stops in Fort Lauderdale and West Palm Beach. 2. It is understood that the passenger rail service is being proposed to be funded by a Railroad Rehabilitation & Improvement Financing (RRIF") program loan of up to potentially $1.5 billion from the Federal Rail Administration, an agency of the United States federal government. 3. It is understood that the State of Florida is proposing to spend $215 million for a new rail station at the Orlando International Airport which will benefit AAF. 4: Instead of being a passenger rail service provided by a private company using solely private resources, it appears that a significant portion of the financial burden of this passenger rail service is actually going to be borne by the taxpayers through assistance from the federal, state and local governments, but is not required to receive approval from local or state governments. 5. St. Lucie County requests that any donor agency, including the Federal Rail Administration and any other federal agency and the State of Florida and its agencies require AAF to pay forthe costs of AAF, including quiet zones and corridor improvements, and that there shall be no governmental assistance, be it in the form of loans, infrastructure or right of way at less than market rates, as such support would put the risk of the private passenger rail service on the taxpayers. cn 6. The AAF plan is to run 16 daily round-trip high-speed passenger trains along the existing c Florida East Coast ("FEC") railroad corridor at speeds up to 110 miles per hour (mph), resulting in daily gate closings, as well as all other grade crossings along the FEC railroad r corridor in addition to current gate closings for existing freight trains. o 7. St. Lucie County law enforcement and fire rescue.personnel and equipment, cross the FEC railroad corridor to provide service to St. Lucie County residents. 8. Additional grade crossing closures and blockages will hinder the emergency service providers from being able to make timely responses to emergency calls or transport medical patients located on either side of the FEC railroad corridor, comprising the health, safety and welfare of the citizens of St. Lucie County. 9. The significant risks posed to public safety response times and land mobility, and the overall quality of life for those who live in and visit St. Lucie County is a genuine threat to the public health, safety and welfare, balanced by no mitigating benefit, such as service. Packet Pg. 363 10.A.1.a 10. St. Lucie County desires to bring these issues to the attention of neighboring local governments, as well as state and federal officials, and urges all such officials to take steps to help mitigate these risks. 11. The St. Lucie County Board of County Commissioners support the FRA report for the AAF project dated March 20, 2014 by Frank Frey, General Engineer, which expresses many of the safety concerns shared by our residents and elected officials. 12. These issues should be given full consideration in preparation for the forthcoming Environmental Impact Statement and specifically consider the National Environmental Policy Act of 1969 (NEPA) requirements, as well as Executive Order 12898 {DOT Order 561.02(a)), Environmental Justice (EJ). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board urges any donating agency, including the Federal Rail Administration and anyZZ other federal agency and the State of Florida and its agencies, to require AAF to pay for the w costs of AAF including quiet zones and corridor improvements and that there shall be no governmental assistance, be it in the form of loans, infrastructure or right-of-way at less n than market rates. Any such support would put the risk of the passenger rail service on the taxpayers. a 2: St. Lucie County hereby calls on all of its neighboring local officials, as well as officials of the a State of Florida and federal officials to take all steps possible in order to mitigate the threat c to the overall safety and well-being of all who live, work and visit St. Lucie County and its neighboring communities, by prevailing upon FECl/AAF to: • Divert or decrease the number of freight trains along the FEC railroad corridor; • Limit the volume of all railroad traffic (both freight and passenger) per hour during peak times; L 0 • Reschedule freight trains to run at night; U_ • Install "sealed corridor" grade crossing safety equipment; • Install infrastructure and equipment necessary for quiet zones; cn° • Restore grade crossings to include repaving and restriping the roadway; and • Provide access to real time train monitoring by St. Lucie County Fire District v dispatchers. • Require inspections of all high speed rail crossings. o • Provide written agreement that the County's current leases with FEC for such uses r as parking, sidewalks and landscaping will not be negatively impacted nor will lease 6 z payments be increased due to the enhanced crossings or other All Aboard o requirements. • Reimburse St. Lucie County for all costs incurred relocating its utility lines due to N construction of the All Aboard Florida project. • Allow rails with trails facilities in key locations to implement the East Coast is Greenway connection through St. Lucie County. Q • Provide St. Lucie County environmental and economic impact studies which o describe the positive and negative effects of All Aboard rail traffic on St. Lucie Packet Pg. 364 10.A.1.a County's water quality, air quality, commerce, property values, all sources of tax revenues, real. estate sales, economic development and tourism. • Provide all railway crossings located within St. Lucie County with Pedestrian Crossings and other necessary safety measures in accordance with applicable Federal, State, or Industry requirements. 3. For the reasons stated above, this Board opposes the AAF plan as currently proposed. 4. The County Administrator is hereby directed to provide copies of this resolution to the Cities of Fort Pierce and Port St. Lucie, and to the Town of St. Lucie Village, St. Lucie County Fire District, the State of Florida and the United States Department of Transportation, Federal Railroad Administration. 5. This resolution shall become effective immediately upon its adoption. After motion and second, the vote on this resolution was as follows: Frannie Hutchinson, Chair AYE Paula Lewis, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Tod Mowery, Commissioner AYE Kim Johnson, Commissioner AYE PASSED AND DULY ADOPTED this 171h day of June 2014. BOARD OF COUNTY COMMISSIONERS ATTEST:WLUCIELINTY, FL A Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNE�S: BY: County Attor Packet Pg. 365 10.A.1.b OWNLrIAM ATTORNEYS: OEPTEL, TIMOTHY P. A N .� � �7� F1J3ERO.NkT M. CHRISTOPHL•R BRYANT LR BR L1N rLEZ� C.AMHowCLEVELAND AO - �'i',j1�'1��T�1���TsON, P.A. �1 SENNETH .FERNANDIZ KENNL•TH C. OERTIdL TIMO TMY J. PERRY MAILING ADDRESS: POST OF7.7CE BOX 1110 I TALLAHASSEE, FLORIDA 32302-1110 OI77CES: 2060 DELTA WAY I TALLAHASSEE, FLORIDA 32303 PHONE: 850-521-0700 IFAx: 850.521-0720 I www.oHIr.COM MEMORANDUM Confidential and Privileged Attorney Work -Product TO: Daniel McIntyre FROM: Segundo J. Fernandez Timothy P. AtkinsoCg"'� SUBJ: All Aboard Florida DATE: September 1, 2016 The firm of Oertel, Fernandez, Bryant and Atkinson has been retained by St. Lucie County, since February, 2015, to advise the County on the environmental, safety and economic impacts of the All Aboard Florida (AAF) project. We have also been working with Martin County on the same issues, since October, 2015. Under our representation, St. ' Lucie County has submitted comments, technical analyses, and critical assessments to the Federal Railroad Administration (FRA), the US Army Corps of Engineers (USACOE), and the South Florida Water Management District (SFWMD). With regard to the safety issues, the FRA has in substantial measure required the crossings safety features St: Lucie County advocated, over the objections of AAF. Rail safety has always been one of the highest priorities of the County to protect its residents. Additional advocacy to enhance what has already been required continues to this day. The USACOE has likewise met with St. Lucie consultants and staff, and has taken a a measured approach in its processing of the AAF permit application while it o requests and evaluates additional information from AAF, as has been urged by the E County. r a Packet Pg. 366 10.A.1.b Memorandum on AAF September 1, 2016 Page 2 The County's most intensive efforts in 2016 have focused on the SFWMD processing- of the AAF Environmental Resource Permit by the District. St. Lucie County has repeatedly submitted comments to the SFWMD, which have been well received, and have led to several Requests for Additional Information. AAF has not addressed the majority of comments and objections, and has failed to the District specific details supporting any claim of "exemption" from permitting for virtually all road crossings in Martin and St. Lucie Counties. Because this is a linear project, an evaluation of the cumulative impacts of proposed construction and use has not been properly assessed; the project has been, in the opinion of our staff and consultants, improperly segmented, by omission of design information along the railroad ROW, the road crossings, the river and creek crossings, and impacts on adjacent roadways, wetlands, and other resources as required by the Florida Statutes and District Rules. Based on the information (often erroneous and not ground-truthed) submitted, our technical staff and consultants assert that: • There is no reasonable assurance that state water quality standards and thresholds will not be violated • There is no reasonable assurance that off -site impacts, including flooding, will not occur • There is no reasonable assurance that endangered, threatened, or listed species will not be adversely affected • There has been impermissible segmentation of the project which hinders and obstructs an adequate assessment of the project's impacts • There incomplete and erroneous data provided on wetlands and other natural resources • There is a lack of information about the design features and components needed to adequately assess water quality and quantity impacts Packet Pg. 367 10.A.1.b Memorandum on AAF September 1, 2016 Page 3 • The lack of information presented in the AAF application results in a failure to adequately address the public interest test of the statutes and rules. The "bullets" above are a preliminary assessment, and subject to expansion and refinement through the discovery process and motion practice before an independent judge of the Florida Division of Administrative Hearings. In our opinion, issuance of the permit as drafted fails to protect the substantial interests of St. Lucie County from the immediate and real adverse impacts of the project. It is our position that the permit application should have been denied as "incomplete." If a permit were to be issued, it is our position that AAF be strictly held to all of the applicable standards, and that all impacts be evaluated in a single proceeding that looks at direct, cumulative and sequential manner — not in the segmented and fractional manner in which it has been processed. Based on the above, we recommend that the Board of County Commissioners authorize the filing of a request for administrative proceeding on the AAF Environmental Resource Permit, and that the costs be shared equally with Martin County, Florida. If the Board authorizes the filing of an administrative proceeding as recommended, our objective would be that the permit be denied, or, if it is to be issued, that St. Lucie County's substantial interests be protected by strict compliance with Florida Statues and Rules. Packet Pg. 368 10.A.1.c TO: Daniel McIntyre, County Attorney FROM: Donald West, Public Works Director DATE: September 6, 2016 SUBJECT: All Aboard Florida Safety Improvements Based upon Staff review of the All Aboard Florida (AAF) 100% crossing plans, the safety features have been increased at most of the high speed crossing locations. Many features that were not shown on the 90% crossing plans, and were recommended in the Triad Railroad Consultants Safety Report, are now included in the 100% Plans. Quad gates were recommended at 13 crossing locations in the Triad Safety Report, and quad gates are shown at 6 crossings on the 100% Plans. An alternative design using 2 or 3 gates with long medians is shown at 4 crossing locations in the 100% Plans. This design is acceptable in lieu of the quad gates, according to the Triad Safety Report. A total of 10 out of 15 crossings meet the recommendations of the Triad Safety Report, based upon review of the 100% Plans. Vehicle Presence Detection (VPD) is a remote sensing technology that alerts the train operator when a vehicle is stuck between the gates and is in the path of the approaching train. VPD was included at 13 crossings on the 100% Plans, but was not shown on the 90% Plans. The Triad Safety Report recommend VPD for 15 crossing locations. Remote Health Monitoring (RHM) is a software technology that alerts the train control network when a crossing signal is not operating properly or is non-functional. This safety feature was recommended in the Triad Safety Report for all crossings, but was not shown on the 90% Plans. Based upon analysis and discussions with the Federal Railroad administration (FRA), we now have clarity on this feature. Remote Health Monitoring is included in the Train Control Software System that AAF proposes to utilize for the entire AAF Project. The Train Control Software will provide Remote Health Monitoring at all crossings along the route. The Train Control software also provides "Positive Train Control", a safety feature that prevents train collisions between freight trains and passenger trains that share the same track. According to AAF, the 100% Plans meet the FRA's Highway -Rail Grade Crossing Guidelines for High - Speed Passenger Rail (see attached letter from AAF dated April 4, 2016). Likewise, FRA acknowledges the 100% Plans complies with the grade crossing mitigation requirements in FRA's Final Environmental Impact Statement (see attached e-mail message from FRA dated March 15, 2016). We are encouraged to see that most of the recommended safety elements have been included in the AAF 100% Plans within the North -South Rail Corridor in St. Lucie County. However, there are additional q safety concerns that remain to be addressed that lie outside of the Railroad right-of-way, and will be discussed in our September 15th meeting with AAF and FRA. Q ST. LUCK Packet Pg. 369 r Q Packet Pg. 370 10.A.1.c 2855 Le .1eune Road 4th door Coral Gables, FL 33134 T: 305.5202300, allaboardflorida,com April 4, 2016 Don West Director, Public Works St. Lucie County 2300 Virginia Avenue Port Pierce, FL 34982 Dear Mr. West: I am pleased to share the attached plan set containing the 100 percent designs for final review for the All Aboard Florida project within St. Lucie County. These plans represent the culmination of a thorough design exercise, which began with your staff during the Florida Department of Transportation Grade Crossing Diagnostic Process in 2014 and culminated with AAF's receipt of plans approval from the Federal Railroad Administration last week. These plans meet the Federal Railroad Administration's (FRA) Highway -Rail Grade Crossing Guidelines for High -Speed Passenger Rail and all applicable FDOT standards and regulations. In this package, you will find: • Email from FRA noting Final Environmental Impact Statement compliance on final 100 percent plans • Summary of Grade Crossing Warning Devices for Quiet Zone Analysis (i.e. which safety enhancements will be constructed at each grade crossing) • 100 percent design plans: o Crossing Layouts o Roadway Plans o Signing & Pavement Marking Plans o Signalization Plans o Utility Plans Please take this early opportunity to review the plans. Our team will reach out to you soon to schedule an in -person meeting to gather your feedback. When the construction contract is awarded, our contractor will submit to your department for Maintenance of Traffic permits for all crossings with temporary construction impacts, and Right -of -Way permits for all construction that is outside of the railroad right-of-way, as shown on these plans. As we have previously stated, we remain committed to working with your staff and the community. Thank you for your department's participation in the grade crossing design process. We look forward to your continued engagement. Thank you, Q o m E z Adrian Share, P.E. Executive Vice President, Rail Infrastructure Q Packet Pg. 371 10.A.1.c From: Frank.Frey2dot.gou [mailto:Frank.Frey dot.gov] Sent: Tuesday, March 15, 2016 3:05 PM To: Share, Adrian Cc: ronaid.riedot.Rov; 'amie.rennert dot. ov; patrick.warren@�da_tgov Subject: Re: HIS Status of AAF Plans for Palm Beach, Martin and St. Lucie counties Dear Mr. Share — In response to your request, this email notification is the Federal Railroad Administration's (FRA) confirmation that the grade crossing design plans All Aboard Florida (AAF) submitted on March 9, 2016, to this office for the Florida counties of Palm Beach, Martin and St. Lucie complies with the grade crossing mitigation requirements in FRA's Final Environmental Impact Statement (FEIS). In addition, FRA will send AAF a letter acknowledging AAF's compliance with the FEIS. In the interim, please provide the respective counties, including officials at the Florida Department of Transportation, the March 9, 2016 plans AAF submitted to FRA for those counties' review. Once the municipalities have concluded their review, FRA will be available to those stakeholder counties and AAF to help fine-tune the crossing layout for AAF's final 100% design that is still consistent with the FEIS. We look forward to finalizing the review of the remaining grade crossing locations in Indian River and Brevard counties. Respectfully, Frank A. Frey, Gen. Engineer-HSR Federal Railroad Administration I U.S. DOT 1200 New Jersey Avenue, SE RRS-23 1 W33-447 Washington, DC 20590 (202)493-0130 cell (202) 738-2195 a+ a Packet Pg. 372 10.B.1 ITEM NO. (ID # 4178) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Toby Long, Director Sheriff's Office DATE 03/07/2017 *REGULAR AGENDA\SHERIFF'S OFFICE Budget Amendment for capital lease of 115 Sheriff's Office pursuit vehicles The Sheriff is requesting a budget amendment for the capital lease of 115 Sheriff's Office pursuit vehicles. Since the economic downturn the Sheriff's Office has been unable to replace vehicles in any systematic manner. Prior to the 2007-2008 fiscal year the replacement program was 25-30 new patrol vehicles per year. This was necessary to keep an effective fleet without excess mileage and repair costs. In the last nine years the County has only funded 72 vehicles which leaves the Sheriff's office between 153 and 198 vehicles short of our needs. The capital lease is with Ford Motor Company. The terms are as follows: 5-Year lease purchase one dollar buyout at the end of the lease Interest rate 3.52% Annual payments of $873,576.45 First payment not due until October 2017, Fiscal Year 2018 In addition there is a 5-year 125,000 mile all-inclusive extended warranty that will be funded from the Sheriff's existing repairs and maintenance budget. PREVIOUS ACTION: N/A FINANCIAL IMPACT: This action will increase revenues and expenses by $4,080,760.00 to reflect an increase in the Sheriff's budget. Annual vehicle lease cost is $873,576.45/per year for five years. No immediate outflows of cash are required in the current 2016-2017 fiscal year. However, the first lease payment is due in October 2017, Fiscal Year 2018. RECOMMENDATION: Packet Pg. 373 10.B.1 Staff recommends approval of the Sheriff's request for a budget amendment to recognize $4,080,760 in capital outlay and a corresponding $4,080,760.00 in proceeds of debt. Sheriff's auditors request recognizing the capital outlay and debt proceeds in order for the Sheriff to account for the vehicles as a capital asset. First lease payment of $873,576.45 will not be paid until October 2017, which is the beginning of Fiscal Year 2018. COMMISSION ACTION: Coordination/Signatures n J. s ara, Sheriff 2/16/2017 � 4 Danie, S. McIntyre, C yntyttorney 3/2/2017 h y burn, Dffi z e e Budget Director 3/2/2017 updated: 3/6/2017 4:33 PM by Katrina Slay Page 2 Packet Pg. 374 RESOLUTION 10.B.1.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through Capital Lease Proceeds from Ford Credit in the amount of $4,080,760. The Capital Lease is a five year term lease with Ford Credit to provide 115 patrol vehicles for the Sheriff's Office. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 7th day of March, 2017 pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2016-2017, and the County's budget is hereby amended as follows: REVENUE 107-8192-383100-800 Capital Lease Proceeds APPROPRIATIONS 107-8192-599042-800 SLC Sheriff -Law Enforcement After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman Commissioner Tod Mowery, Vice Chairman Commissioner Linda Bartz Commissioner Frannie Hutchinson Commissioner Cathy Townsend PASSED AND DULY ADOPTED THIS 7TH DAY OF MARCH 2O17. ATTEST: $4,080,760 $4,080,760 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 375